Imagination The Americas, Inc. et al v. Richardson et al
| Marc Linder and Imagination The Americas, Inc. |
| U.S. Department of Homeland Security, Gregory Richardson, U.S. Citizenship and Immigration Services and Alejandro Mayorkas |
| 1:2021cv01652 |
| February 24, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/15/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 36 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/15/2021 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/23/2021. Redacted Transcript Deadline set for 5/3/2021. Release of Transcript Restriction set for 7/1/2021..(McGuirk, Kelly) |
| Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/17/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 34 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/17/2021 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2021. Redacted Transcript Deadline set for 4/23/2021. Release of Transcript Restriction set for 6/21/2021..(McGuirk, Kelly) |
| Filing 33 MEMO ENDORSEMENT re: #32 Letter filed by Imagination The Americas, Inc., Marc Linder. ENDORSEMENT: The Court adopts the briefing schedule proposed by the parties. If the Court determines that oral argument will aid it in resolution of the parties' motions for summary judgment, it will schedule argument in due course., Alejandro Mayorkas answer due 4/27/2021; Gregory Richardson answer due 4/27/2021; U.S. Citizenship and Immigration Services answer due 4/27/2021; U.S. Department of Homeland Security answer due 4/27/2021.( Motions due by 5/11/2021., Responses due by 5/25/2021, Replies due by 6/3/2021.) (Signed by Judge Katherine Polk Failla on 3/23/2021) (nb) |
| Filing 32 LETTER addressed to Judge Katherine Polk Failla from Matthew J. Aaronson dated March 23, 2021 re: Proposed Schedule. Document filed by Imagination The Americas, Inc., Marc Linder..(Aaronson, Matthew) |
Filing 31
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #30 Motion for Montserrat Miller to Appear Pro Hac Vice. The motion of Montserrat Miller for admission to practice pro hac vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court including the Rules governing discipline of attorneys. (Signed by Judge Katherine Polk Failla on 3/23/21) (yv)
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| Filing 30 MOTION for Montserrat Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24286459. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Imagination The Americas, Inc., Marc Linder. (Attachments: #1 Declaration in Support of Pro Hac Vice, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order).(Miller, Montserrat) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Montserrat Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24286459. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 3/17/2021. Attorneys Matthew Joel Aaronson and Montserrat Miller representing Plaintiffs present. AUSA Michael James Byars present. Attorney Miller is admitted pro hac vice for the purposes of this conference. Plaintiffs' motion for preliminary injunction is DENIED for the reasons as stated on the record. By Tuesday, March 23, 2021, the parties shall file a joint letter stating the next steps in this case. (Court Reporter Khris Sellin) (tn) |
| Set/Reset Hearings: Telephone Conference set for 3/17/2021 at 10:00 AM before Judge Katherine Polk Failla. (tn) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Oral Argument held on 3/15/2021 re: #8 Proposed Order to Show Cause With Emergency Relief filed by Imagination The Americas, Inc., Marc Linder: Attorneys Matthew Joel Aaronson and Montserrat Miller representing Plaintiffs present. AUSA Michael James Byars present. Attorney Miller is admitted pro hac vice for the purposes of this conference. The Court will issue its ruling on Plaintiffs' motion for preliminary injunction on March 17, 2021 at 10:00 a.m. At the scheduled date and time, the parties shall dial (888) 363-4749 and enter access code 5123533. (Court Reporter Kristen Carannante) (tn) |
| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/1/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 28 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/1/2021 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/2/2021. Redacted Transcript Deadline set for 4/12/2021. Release of Transcript Restriction set for 6/10/2021..(McGuirk, Kelly) |
| NOTICE OF REMOTE PUBLIC AUDIO ACCESS DIAL-IN: The conference scheduled for March 15, 2021 will be held via video conference, with public audio access at (888) 363-4749, access code 5123533. Instructions to video participants will be sent separately in advance of the conference. ***No PDF is attached to this entry. (tn) |
| Filing 27 REPLY MEMORANDUM OF LAW in Support re: #8 Proposed Order to Show Cause With Emergency Relief,,, . Document filed by Imagination The Americas, Inc., Marc Linder..(Aaronson, Matthew) |
| Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/26/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 25 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/26/2021 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/30/2021. Redacted Transcript Deadline set for 4/9/2021. Release of Transcript Restriction set for 6/7/2021..(McGuirk, Kelly) |
| Filing 24 CERTIFICATE OF SERVICE of Order to Show Cause and Supporting Documents served on Gregory Richardson, Alejandro Mayorkas, U.S. Citizenship and Immigration Services, and U.S. Department of Homeland Security on February 25, 2021. Service was made by Mail. Document filed by Imagination The Americas, Inc., Marc Linder..(Aaronson, Matthew) |
| Filing 23 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Alejandro Mayorkas served on 2/25/2021, answer due 3/18/2021; Gregory Richardson served on 2/25/2021, answer due 3/18/2021; U.S. Citizenship and Immigration Services served on 2/25/2021, answer due 3/18/2021; U.S. Department of Homeland Security served on 2/25/2021, answer due 3/18/2021. Service was made by Michael Byars. Document filed by Imagination The Americas, Inc.; Marc Linder..(Aaronson, Matthew) |
| Filing 22 RESPONSE re: #8 Proposed Order to Show Cause With Emergency Relief,,, in opposition to plaintiffs' request for a preliminary injunction. Document filed by Alejandro Mayorkas, Gregory Richardson, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Byars, Michael) |
| Filing 21 DECLARATION of Rob Bullen in Support re: #8 Proposed Order to Show Cause With Emergency Relief,,,. Document filed by Imagination The Americas, Inc., Marc Linder. (Attachments: #1 Exhibit A - REDACTED, #2 Exhibit B, #3 Exhibit C - REDACTED, #4 Exhibit D).(Aaronson, Matthew) |
| Filing 20 DECLARATION of Matthew J. Aaronson in Support re: #8 Proposed Order to Show Cause With Emergency Relief,,,. Document filed by Imagination The Americas, Inc., Marc Linder. (Attachments: #1 Exhibit A - REDACTED, #2 Exhibit B).(Aaronson, Matthew) |
| Filing 19 COMPLAINT against Alejandro Mayorkas, Gregory Richardson, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security. Document filed by Imagination The Americas, Inc., Marc Linder. (Attachments: #1 Exhibit A- REDACTED, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - REDACTED, #5 Exhibit E).(Aaronson, Matthew) |
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Filing 18
ORDER granting #17 Letter Motion for Leave to File Document. Application GRANTED. (Signed by Judge Katherine Polk Failla on 3/3/2021) (nb)
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| Filing 17 LETTER MOTION for Leave to File Redacted Documents addressed to Judge Katherine Polk Failla from Matthew J. Aaronson dated March 3, 2021. Document filed by Imagination The Americas, Inc., Marc Linder..(Aaronson, Matthew) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Temporary Restraining Order Hearing held on 3/1/2021. Attorneys Matthew Joel Aaronson and Montserrat Miller representing Plaintiffs present. AUSA Michael James Byars present. Attorney Miller is admitted pro hac vice for the purposes of this conference. Plaintiffs' motion for a TRO is DENIED for the reasons stated on the record. Defendants' response to Plaintiffs' motion for preliminary injunction is due in one week; Plaintiffs' reply is due by 3/11/2021. A preliminary injunction hearing is set for March 15, 2021 at 2:00 p.m. Plaintiffs are to order a copy of today's transcript. (See transcript.) (Court Reporter Alena Lynch) (tn) |
| Set/Reset Hearings: Oral Argument set for 3/15/2021 at 02:00 PM before Judge Katherine Polk Failla. (tn) |
| Set/Reset Hearings: Oral Argument set for 3/1/2021 at 04:00 PM EST before Judge Katherine Polk Failla. At the scheduled time, the parties are to call (888) 363-4749 and enter access code 5123533. Please note that the conference will not be available until 4:00 p.m. (tn) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 2/26/2021. Attorneys Matthew Joel Aaronson and Montserrat Miller representing Plaintiffs present. AUSA Michael James Byars representing Defendants present. Attorney Miller is admitted pro hac vice for the purposes of this conference. Motion hearing on Plaintiff's TRO is set for March 1, 2021 t 4:00 p.m. (Court Reporter Kristen Carannante) (tn) |
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Filing 16
ORDER: The Court is in receipt of Plaintiffs' Proposed Order to Show Cause with Emergency Relief, filed February 24, 2021 (Dkt. #8). The parties are ORDERED to appear for a telephonic conference on February 26, 2021, at 4:00 p.m. to discuss a briefing schedule. To access the teleconference, the parties shall call (888) 363-4749 and enter access code #5123533. Please note, the conference line will not be available prior to 4:00 p.m., (Telephone Conference set for 2/26/2021 at 04:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/25/2021) (nb)
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| Filing 15 NOTICE OF APPEARANCE by Michael James Byars on behalf of Alejandro Mayorkas, Gregory Richardson, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Byars, Michael) |
| Filing 14 DECLARATION of Matthew J. Aaronson with Corrected Exhibit B in Support re: #8 Proposed Order to Show Cause With Emergency Relief,,,. Document filed by Imagination The Americas, Inc., Marc Linder. (Attachments: #1 Exhibit A to the Declaration of Matthew J. Aaronson, #2 Exhibit Corrected Exhibit B to the Declaration of Matthew J. Aaronson).(Aaronson, Matthew) |
| Filing 13 CIVIL COVER SHEET filed..(Aaronson, Matthew) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security..(jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to U.S. Citizenship and Immigration Services..(jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Gregory Richardson..(jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Alejandro Mayorkas..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #8 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Matthew Joel Aaronson to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): all of the party names must be listed on the PDF case caption. If all of the party names do not fit, include 'et al';. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 8 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Imagination The Americas, Inc., Marc Linder. (Attachments: #1 Memorandum of Law in Support of Order to Show Cause for Temporary Restraining Order and Preliminary Injunction, #2 Declaration of Matthew J. Aaronson, #3 Exhibit A to the Declaration Matthew J. Aaronson, #4 Exhibit B to the Declaration Matthew J. Aaronson, #5 Declaration of Rob Bullen, #6 Exhibit A to the Declaration of Rob Bullen, #7 Exhibit B to the Declaration of Rob Bullen, #8 Exhibit C to the Declaration of Rob Bullen, #9 Exhibit D to the Declaration of Rob Bullen, #10 Declaration of Marc Linder).(Aaronson, Matthew) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Imagination Group for Imagination The Americas, Inc.. Document filed by Imagination The Americas, Inc., Marc Linder..(Aaronson, Matthew) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship and Immigration Services, re: #1 Complaint,. Document filed by Imagination The Americas, Inc., Marc Linder..(Aaronson, Matthew) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: #1 Complaint,. Document filed by Imagination The Americas, Inc., Marc Linder..(Aaronson, Matthew) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Alejandro Mayorkas, re: #1 Complaint,. Document filed by Imagination The Americas, Inc., Marc Linder..(Aaronson, Matthew) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Gregory Richardson, re: #1 Complaint,. Document filed by Imagination The Americas, Inc., Marc Linder..(Aaronson, Matthew) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Aaronson, Matthew) Modified on 2/25/2021 (jgo). |
| Filing 1 COMPLAINT against Alejandro Mayorkas, Gregory Richardson, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-24077862)Document filed by Imagination The Americas, Inc., Marc Linder. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Aaronson, Matthew) |
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