Iyer et al v. United States Citizenship and Immigration Services et al
| Venkateshwaran Iyer, Ashwat Iyer, Abhinav Iyer and Brigu Iyer |
| United States Citizenship and Immigration Services, Acting Secretary Kevin K. McAleenan and Director Lee Francis Cissna |
| 1:2019cv04221 |
| May 9, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Other Immigration Actions |
| 08 U.S.C. § 1329 |
| None |
Docket Report
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This docket was last retrieved on June 26, 2019. A more recent docket listing may be available from PACER.
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Filing 38
STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action is hereby dismissed without prejudice and without costs or fees to any party pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/26/2019) (ama)
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| Filing 37 LETTER addressed to Judge Valerie E. Caproni from Simon Nakajima dated June 26, 2019 re: Case Status. Document filed by Lee Francis Cissna, Kevin K. McAleenan, United States Citizenship and Immigration Services.(Nakajima, Simon) |
| Filing 36 PROPOSED STIPULATION AND ORDER. Document filed by Lee Francis Cissna, Kevin K. McAleenan, United States Citizenship and Immigration Services. (Nakajima, Simon) |
| Filing 35 DECLARATION of Cletus M. Weber in Support re: #24 MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Abhinav Iyer, Brigu Iyer, Venkateshwaran Iyer. (Do, Namgiao) |
| Filing 34 DECLARATION of Michele A. Franchett in Support re: #24 MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Abhinav Iyer, Brigu Iyer, Venkateshwaran Iyer. (Do, Namgiao) |
| Filing 33 DECLARATION of Robert P. Gaffney in Support re: #24 MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Abhinav Iyer, Brigu Iyer, Venkateshwaran Iyer. (Do, Namgiao) |
| Filing 32 REPLY MEMORANDUM OF LAW in Support re: #24 MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by Abhinav Iyer, Brigu Iyer, Venkateshwaran Iyer. (Attachments: #1 Exhibit A - Project Exemplar Approval Notice)(Do, Namgiao) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Motion Hearing held on 6/24/2019 re: #24 MOTION for Temporary Restraining Order and Preliminary Injunction. filed by Brigu Iyer, Abhinav Iyer, Venkateshwaran Iyer, Ashwat Iyer. (jp) |
| Filing 31 DECLARATION of Richard Murray in Opposition re: #24 MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Lee Francis Cissna, Kevin K. McAleenan, United States Citizenship and Immigration Services. (Nakajima, Simon) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #24 MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by Lee Francis Cissna, Kevin K. McAleenan, United States Citizenship and Immigration Services. (Attachments: #1 Exhibit Slip opinion in Zhu v. Cissna, No. 18 Civ. 9698 (JRPx) (C.D. Cal. Apr. 22, 2019))(Nakajima, Simon) |
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Filing 29
MEMO ENDORSEMENT on re: #28 Letter, filed by Brigu Iyer, Abhinav Iyer, Venkateshwaran Iyer, Set Deadlines/Hearing as to #28 Letter, #24 MOTION for Temporary Restraining Order and Preliminary Injunction. ENDORSEMENT: The Government is directed to file a response no later than 5:00 P.M. on Saturday, June 22, 2019. The parties are directed to appear at 10:00 AM on June 24, 2019, for a hearing on Plaintiff's motion for a temporary restraining order. (Responses due by 6/22/2019, Motion Hearing set for 6/24/2019 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/20/2019) (js)
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| Filing 28 LETTER addressed to Judge Valerie E. Caproni from Martin J. Lawler dated June 20, 2019 re: Request for Hearing on Motion for Temporary Restraing Order and Preliminary Injunction and Purpose of Proposed Order. Document filed by Abhinav Iyer, Brigu Iyer, Venkateshwaran Iyer. (Attachments: #1 Text of Proposed Order)(Lawler, Martin) |
| Filing 27 NOTICE of of Voluntary Dismissal pursuant to F.R.C.P 41(a)(1)(A)(i) with respect to plaintiff Ashwat Iyer. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Do, Namgiao) |
| Filing 26 NOTICE OF APPEARANCE by Namgiao Do on behalf of Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Do, Namgiao) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Attachments: #1 Exhibit A - Declaration of Venkateshwaran Iyer, #2 Exhibit B - Department of State July 2019 Visa Bulletin, #3 Exhibit C - Declaration of Martin J. Lawler)(Lawler, Martin) |
| Filing 24 MOTION for Temporary Restraining Order and Preliminary Injunction. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer.(Lawler, Martin) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #24 Motion) - MOTION for Temporary Restraining Order and Preliminary Injunction. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit A - Declaration of Venkateshwaran Iyer, #3 Exhibit B - Department of State July 2019 Visa Bulletin, #4 Exhibit C - Declaration of Martin J. Lawler)(Lawler, Martin) Modified on 6/18/2019 (db). |
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE granting #21 Motion for Namgiao Thi Do to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 6/17/2019) (mro)
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| Filing 21 MOTION for Namgiao Thi Do to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17085053. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Attachments: #1 Affidavit Declaration, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Do, Namgiao) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Namgiao Thi Do to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17085053. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 20 NOTICE OF APPEARANCE by Simon Nakajima on behalf of Lee Francis Cissna, Kevin K. McAleenan, United States Citizenship and Immigration Services. (Nakajima, Simon) |
| Filing 19 CERTIFICATE OF SERVICE. Lee Francis Cissna served on 5/24/2019, answer due 7/23/2019. Service was made by Mail. Document filed by Venkateshwaran Iyer; Ashwat Iyer; Brigu Iyer; Abhinav Iyer. (Lawler, Martin) |
| Filing 18 CERTIFICATE OF SERVICE. Kevin K. McAleenan served on 5/24/2019, answer due 7/23/2019. Service was made by Mail. Document filed by Venkateshwaran Iyer; Ashwat Iyer; Brigu Iyer; Abhinav Iyer. (Lawler, Martin) |
| Filing 17 CERTIFICATE OF SERVICE. United States Citizenship and Immigration Services served on 5/24/2019, answer due 7/23/2019. Service was made by Mail. Document filed by Venkateshwaran Iyer; Ashwat Iyer; Brigu Iyer; Abhinav Iyer. (Lawler, Martin) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services. (pne) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Lee Francis Cissna. (pne) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Kevin K. McAleenan. (pne) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Lee Francis Cissna, in his official capacity as Director, U.S. Citizenship and Immigration Services, re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Lawler, Martin) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Kevin K. McAleenan, in his official capacity as Acting Secretary, U.S. Department of Homeland Security, re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Lawler, Martin) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Lawler, Martin) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Martin J Lawler to RE-FILE Document No. #9 Request for Issuance of Summons, #8 Request for Issuance of Summons, #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the defendant name must exactly match the party of record. Include 'c/o' or 'via' before second party name. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Lee Francis Cissna, re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Lawler, Martin) Modified on 5/24/2019 (dnh). |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kevin K. McAleenan, re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Lawler, Martin) Modified on 5/24/2019 (dnh). |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship and Immigration Services, re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Lawler, Martin) Modified on 5/24/2019 (dnh). |
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Filing 7
ORDER FOR ADMISSION PRO HAC VICE: granting #5 Motion for Martin James Lawler to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 5/23/2019) (ama)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on July 12, 2019 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. Plaintiffs are encouraged to serve defendants promptly. And as set forth herein. SO ORDERED. Initial Conference set for 7/12/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/20/2019) (ama)
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| Filing 5 MOTION for Martin James Lawler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Attachments: #1 Affidavit Exhibit 1 - Declaration in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Exhibit 2 - Certificates of Good Standing, #3 Text of Proposed Order Exhibit 3 - Proposed Order)(Lawler, Martin) |
| Case Designated ECF. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Martin J Lawler. The following case opening statistical information was erroneously selected/entered: Cause of Action code 08:1329; Nature of Suit code 540 (Mandamus & Other). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 5:555(b); the Nature of Suit code has been modified to 465 (Other Immigration Actions). (pne) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Martin J Lawler. The party information for the following party/parties has been modified: Kevin K. McAleenan, Lee Francis Cissna. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Martin James Lawler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 4 COMPLAINT IN THE NATURE OF MANDAMUS against Lee Francis Cissna, Kevin K. McAleenan, United States Citizenship and Immigration Services.Document filed by Venkateshwaran Iyer, Ashwat Iyer, Brigu Iyer, Abhinav Iyer. (Attachments: #1 Exhibit Exhibit A - Email to USCIS, #2 Exhibit Exhibit B - Declaration)(Lawler, Martin) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Martin J Lawler to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading;. Re-file the pleading using the event type Complaint/Petition in the Nature of Mandamus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 5/15/2019. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS***(pne) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Martin James Lawler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16854622. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Abhinav Iyer, Ashwat Iyer, Brigu Iyer, Venkateshwaran Iyer. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Lawler, Martin) Modified on 5/9/2019 (bcu). |
| Filing 2 CIVIL COVER SHEET filed. (Lawler, Martin) |
| Filing 1 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against Lee Francis Cissna, Kevin K. McAleenan, United States Citizenship and Immigration Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-16854439)Document filed by Venkateshwaran Iyer, Ashwat Iyer, Brigu Iyer, Abhinav Iyer. (Attachments: #1 Exhibit Exhibit A - Email to USCIS, #2 Exhibit Exhibit B - Declaration)(Lawler, Martin) Modified on 5/10/2019 (pne). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #3 MOTION for Martin James Lawler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16854622. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; missing Proposed Order; Attorney Affidavit/Declaration is missing per Local Rule 1.3;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) |
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