Sparkbeyond Inc. v. McAleenan et al
| Sparkbeyond Inc. |
| Kevin K. McAleenan, Acting Secretary of DHS, Director Laura Zuchowski, Acting Director Kenneth T. Cuccinelli, Acting Director Kenneth T. (Ken) Cuccinelli, Acting Secretary Kevin K. McAleenan and Director Laura B. Zuchowski |
| 1:2019cv08389 |
| September 10, 2019 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. ยง 551 |
| None |
Docket Report
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| Document Text |
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Filing 5
STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action is hereby dismissed with 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 John G. Koeltl on 10/23/2019) (ks)
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| Filing 4 PROPOSED STIPULATION AND ORDER. Document filed by Kenneth T. (Ken) Cuccinelli, Kevin K. McAleenan, Laura B. Zuchowski. (Nakajima, Simon) |
| Filing 3 NOTICE OF APPEARANCE by Simon Nakajima on behalf of Kenneth T. (Ken) Cuccinelli, Kevin K. McAleenan, Laura B. Zuchowski. (Nakajima, Simon) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 11/13/2019 at 04:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie) |
| Filing 2 COMPLAINT against Kenneth T. (Ken) Cuccinelli, Kevin K. McAleenan, Laura B. Zuchowski. Document filed by Sparkbeyond Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons in a Civil Action)(Davidson, Dana) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dana Toby Davidson. The party information for the following party/parties has been modified: Kevin K. McAleenan, Kenneth T. (Ken) Cuccinelli, Laura B. Zuchowski. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Dana Toby Davidson. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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) |
| Magistrate Judge Barbara C. Moses 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) |
| Filing 1 COMPLAINT against Kenneth T. Cuccinelli, Kevin K. McAleenan, Acting Secretary of DHS, Laura Zuchowski. (Filing Fee $ 400.00, Receipt Number ANYSDC-17582237)Document filed by Sparkbeyond Inc.. (Attachments: #1 Appendix Exhibit List, #2 Exhibit EXHIBIT 1 - Petitioners Support Letter Confirming the position requires a Bachelor Degree in Engineering., #3 Exhibit EXHIBIT 2 - Letters from previous Employers documenting at least 2 years of relevant work experience., #4 Exhibit EXHIBIT 3 - Evidence of Sufficient Production Space., #5 Exhibit EXHIBIT 4 - Proof of Petitioner & Parent's Funding as noted in Crunchbase and information about Lead Investor Lord David Alliance., #6 Exhibit EXHIBIT 5 - Information from the Petitioner's Website & Abstract of Patents, #7 Exhibit EXHIBIT 6 - Articles about the Petitioner and its Parent in the Mainstream Press, #8 Exhibit EXHIBIT 7 - Proof of Sufficient Work showing Confidential Excerpts of Contracts, #9 Exhibit EXHIBIT 8 - Beneficiarys Masters and Bachelors Diplomas and Transcripts., #10 Exhibit EXHIBIT 9 - Request For Evidence (RFE) issued by USCIS on November 29, 2018., #11 Exhibit EXHIBIT 10 - Professional Position Evaluation from Dr. Mark Mueller, Ph.D.,, #12 Exhibit EXHIBIT 11 - Colleagues' Diploma & Resume Summaries Confirming that Two Other Workers in a Similar Role have BAs in Engrg, #13 Exhibit EXHIBIT 12 - Excerpt from Occupational Outlook Handbook confirming how to become a Sales Engineer., #14 Exhibit EXHIBIT 13 - Letter from the Petitioner's General Manager Confirming the Position requires a Bachelor Degree in Engineering, including a detail of each., #15 Exhibit EXHIBIT 14 - Company Organizational Chart, #16 Exhibit EXHIBIT 15 - USCIS Denial Letter, Dated April 9, 2019, #17 Exhibit EXHIBIT 16 - Mirriam-Webster Thesaurus, 2019; Entries for Normally, Typically, #18 Exhibit EXHIBIT 17 - Professional Position Evaluation from Dr. Mark Mueller, Ph.D., Registered Patent Agent and Industry Expert, #19 Exhibit EXHIBIT 18 - Excerpt from Occupational Outlook Handbook confirming what Sales Engineers do, #20 Exhibit EXHIBIT 19 - Colleagues' Profile Resumes from LinkedIn.com Confirming that Two Other Workers in a Similar Role have BAs in Engrg)(Davidson, Dana) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Dana Toby Davidson to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 9/16/2019. (pne) |
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