El-Refaei v. Barr et al
| Emad Eldin El-Refaei |
| Acting Secretary KEVIN K MCALEENAN, DIRECTOR USCIS KENNETH T CUCCINELLI, Gina Pastore, William Barr, US Department of Homeland Security, Robert Cowan, Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services and Kevin McAleenan |
| 1:2019cv08419 |
| September 11, 2019 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Other Immigration Actions |
| None |
Docket Report
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This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer. The time to answer or otherwise respond to the Complaint is adjourned to January 10, 2020. The initial conference set for November 21, 2019, at 10:30 A.M. is adjourned to December 19, 2019, at 10:30 A.M. Pre-conference materials are due on December 12, 2019. U.S. Citizenship and Immigration Services answer due 1/10/2020 (Signed by Judge Lorna G. Schofield on 10/31/2019) (cf)
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| Set/Reset Hearings: Initial Conference set for 12/19/2019 at 10:30 AM before Judge Lorna G. Schofield. (cf) |
| Filing 19 CONSENT LETTER MOTION for Extension of Time to File Answer and to adjourn conference addressed to Judge Lorna G. Schofield from Simon Nakajima dated October 30, 2019. Document filed by William Barr, Robert Cowan, Kenneth T. Cuccinelli, Kevin McAleenan, Gina Pastore, U.S. Citizenship and Immigration Services, US Department of Homeland Security.(Nakajima, Simon) |
| Filing 18 NOTICE OF APPEARANCE by Simon Nakajima on behalf of William Barr, Robert Cowan, Kenneth T. Cuccinelli, Kevin McAleenan, Gina Pastore, U.S. Citizenship and Immigration Services, US Department of Homeland Security. (Nakajima, Simon) |
| Filing 17 MEMO ENDORSEMENT on re: #16 Letter filed by Emad Eldin El-Refaei. ENDORSEMENT: The initial conference set for October 31, 2019, at 10:30 A.M. is adjourned to November 21, 2019, at 10:30 A.M. The parties shall file joint pre-conference materials by November 14, 2019. (Initial Conference set for 11/21/2019 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/23/2019) (cf) |
| Filing 16 LETTER addressed to Judge Lorna G. Schofield from Justin Rothman, Esq. dated 10/22/2019 re: September 20, 2019 Order. Document filed by Emad Eldin El-Refaei. (Attachments: #1 Appendix Case Management Plan)(Gursoy, Umit) |
| Filing 15 CERTIFICATE OF SERVICE of Order and Court Rules served on William Barr, Kevin McAleenan, Kenneth T. Cuccinelli, Gina Pastore, Robert Cowan, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services on 10/18/2019. Service was made by Mail. Document filed by Emad Eldin El-Refaei. (Gursoy, Umit) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint/Petition in the Nature of Mandamus, served. William Barr served on 10/17/2019, answer due 12/16/2019; Robert Cowan served on 10/17/2019, answer due 12/16/2019; Kenneth T. Cuccinelli served on 10/17/2019, answer due 12/16/2019; Kevin McAleenan served on 10/17/2019, answer due 12/16/2019; Gina Pastore served on 10/17/2019, answer due 12/16/2019; U.S. Citizenship and Immigration Services served on 10/17/2019, answer due 12/16/2019; US Department of Homeland Security served on 10/17/2019, answer due 12/16/2019. Service was made by Mail. Document filed by Emad Eldin El-Refaei. (Attachments: #1 Affidavit Affidavit for William Barr, #2 Affidavit Affidavit for Kevin McAleenan, #3 Affidavit Affidavit for Kenneth T. Cuccinelli, #4 Affidavit Affidavit for Gina Pastore, #5 Affidavit Affidavit of Robert Cowan, #6 Affidavit Affidavit of DHS, #7 Affidavit Affidavit of USCIS)(Gursoy, Umit) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to William Barr, Robert Cowan, Kenneth T. Cuccinelli, Kevin McAleenan, Gina Pastore, U.S. Citizenship and Immigration Services, US Department of Homeland Security. (pc). |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to William Barr, Kevin McAleenan, Kenneth T. Cuccinelli, Gina Pastore, Robert Cowan, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, re: #11 Complaint/Petition in the Nature of Mandamus,. Document filed by Emad Eldin El-Refaei. (Attachments: #1 Supplement Rider)(Gursoy, Umit) Modified on 10/16/2019 (dnh). Modified on 10/16/2019 (pc). |
| Filing 11 COMPLAINT IN THE NATURE OF MANDAMUS against William Barr, Robert Cowan, Kenneth T. Cuccinelli, Kevin McAleenan, Gina Pastore, U.S. Citizenship and Immigration Services, US Department of Homeland Security.Document filed by Emad Eldin El-Refaei. (Attachments: #1 Supplement List of Exhibits, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F)(Gursoy, Umit) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Umit Mike Gursoy to RE-FILE Document No. #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; U.S. Attorney's Office is listed on the Rider but is not a party, include 'c/o' or 'via' before U.S. Attorney's Office on the Rider. Re-file the Complaint as instructed before requesting an issuance of summons; summons may not be linked to a deficient pleading. 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 As To - REQUEST FOR ISSUANCE OF SUMMONS as to William Barr, Kevin McAleenan, Kenneth T. Cuccinelli, Gina Pastore, Robert Cowan, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, re: #3 Complaint/Petition in the Nature of Mandamus,. Document filed by Emad Eldin El-Refaei. (Attachments: #1 Supplement Rider)(Gursoy, Umit) Modified on 10/11/2019 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Umit Mike Gursoy to RE-FILE Document No. #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): the name of the party for whom the summons is being requested was not entered in the docket entry text. 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. (pne) |
| Filing 9 FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to EMAD ELDIN EL-REFAEI, re: #3 Complaint/Petition in the Nature of Mandamus,. Document filed by Emad Eldin El-Refaei. (Attachments: #1 Supplement RIDER)(Gursoy, Umit) Modified on 10/9/2019 (pne). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Umit Mike Gursoy to RE-FILE Document No. #6 Request for Issuance of Summons, #8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the form used for the summons is blank #6 . The PDF is not an official summons form #8 . Re-file the pleading as instructed before requesting an Issuance of Summons. 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 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to EMAD ELDIN EL-REFAEI, re: #1 Complaint/Petition in the Nature of Mandamus,. Document filed by Emad Eldin El-Refaei. (Gursoy, Umit) Modified on 10/7/2019 (dnh). |
| Filing 7 CIVIL COVER SHEET filed. (Gursoy, Umit) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to William Barr; Kevin McAleenan; Kenneth Cuccinell; Gina Pastore; Robert Cowan; US Department Of Homeland Security and US Citizenship and Immigration Services, re: #2 Complaint/Petition in the Nature of Mandamus, #1 Complaint/Petition in the Nature of Mandamus, #3 Complaint/Petition in the Nature of Mandamus,. Document filed by Emad Eldin El-Refaei. (Gursoy, Umit) Modified on 10/7/2019 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Umit Mike Gursoy to RE-FILE Document No. #5 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 PDF does not correspond with the event type selected. Summonses may only be linked to one pleading that has been accepted by the court. 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 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William Barr; Kevin McAleenan; Kenneth Cuccinell; Gina Pastore; Robert Cowan; US Department Of Homeland Security and US Citizenship and Immigration Services, re: #2 Complaint/Petition in the Nature of Mandamus, #1 Complaint/Petition in the Nature of Mandamus, #3 Complaint/Petition in the Nature of Mandamus,. Document filed by Emad Eldin El-Refaei. (Gursoy, Umit) Modified on 10/3/2019 (dnh). |
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Filing 4
ORDER: Initial Conference set for 10/31/2019 at 10:30 AM in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/20/2019) (mro)
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| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Umit Mike Gursoy. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Umit Mike Gursoy to RE-FILE Document No. #2 Complaint/Petition in the Nature of Mandamus, #3 Complaint/Petition in the Nature of Mandamus,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. 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. (jgo) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST COMPLAINT IN THE NATURE OF MANDAMUS against All Defendants.Document filed by Emad Eldin El-Refaei. (Attachments: #1 Civil Cover Sheet, #2 Supplement)(Gursoy, Umit) Modified on 9/16/2019 (jgo). |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST COMPLAINT IN THE NATURE OF MANDAMUS against All Defendants.Document filed by Robert Cowan, U.S. Citizenship and Immigration Services, US Department of Homeland Security. (Attachments: #1 Civil Cover Sheet, #2 Supplement)(Gursoy, Umit) Modified on 9/16/2019 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Umit Mike Gursoy. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Umit Mike Gursoy. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) Modified on 9/12/2019 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Umit Mike Gursoy to RE-FILE re: Document No. #1 Complaint/Petition in the Nature of Mandamus. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties Robert Cowan with party text 'in his official capacity as Director of the National Benefits Center', U.S. Department of Homeland Security, AND, U.S. Citizenship and Immigration Services; the All Defendant radio button was selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Umit Mike Gursoy. The party information for the following party/parties has been modified: William Barr; Kevin McAleenan; Kenneth T. Cuccinelli; Gina Pastore. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (jgo) |
| Case Designated ECF. (jgo) |
| 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. (jgo) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT IN THE NATURE OF MANDAMUS against All Defendants (Filing Fee $ 400.00, Receipt Number ANYSDC-17578817).Document filed by Emad Eldin El-Refaei. (Attachments: #1 Civil Cover Sheet, #2 Supplement)(Gursoy, Umit) Modified on 9/12/2019 (jgo). |
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