Keane et al v. Velarde et al
Plaintiff: Helene Patricia Keane, Tara Michelle Keane, Daniel Daskalakis and Jason Daskalakis
Defendant: Barbara Q Velarde, Adam N Bergeron, Phyllis Coven and KEN CUCCINELLI
Case Number: 1:2021cv08257
Filed: October 6, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis J Liman
Nature of Suit: Other Immigration Actions
Cause of Action: 08 U.S.C. ยง 1329
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2021 Filing 25 CASE TRANSFERRED IN from the United States District Court - District of Connecticut; Case Number: 3:20-cv-00977. Original file certified copy of transfer order and docket entries received. (sjo)
October 6, 2021 Opinion or Order Filing 24 ORDER denying #20 Motion to Dismiss and #20 Motion to Dismiss for Lack of Jurisdiction. The Court DENIES without prejudice to renewal the motion to dismiss for failure to state a claim and for lack of subject matter jurisdiction, ECF No. #20 , as this case has been transferred to the Southern District of New York, see ECF No. #23 . Signed by Judge Victor A. Bolden on 10/06/2021. (Dalton, A.) [Transferred from Connecticut on 10/6/2021.]
October 6, 2021 Case Designated ECF. (sjo)
October 6, 2021 Magistrate Judge Ona T. Wang 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. (sjo)
October 6, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis J. Liman. 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. (sjo)
October 6, 2021 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
September 21, 2021 JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Perez, J.) [Transferred from Connecticut on 10/6/2021.]
September 17, 2021 Opinion or Order Filing 23 ORDER on #13 MOTION to Dismiss for Lack of Jurisdiction and #14 MOTION to Dismiss for Improper Venue. For the reasons described in the attached ruling and order, the Court GRANTS the motion to dismiss Plaintiff Helene Keane for lack of standing. The Court DENIES the motion to dismiss for improper venue and instead GRANTS the motion to transfer the case to the Southern District of New York.The Clerk of Court is respectfully directed to transfer this case to the Southern District of New York, and then to close this case.Signed by Judge Victor A. Bolden on 09/17/2021. (Dalton, A.) [Transferred from Connecticut on 10/6/2021.]
April 25, 2021 Opinion or Order Filing 22 ORDER granting #21 Motion for Order. The Court hereby adopts the following deadlines in this case:Plaintiffs shall file their opposition to the #20 omnibus motion to dismiss within twenty-one (21) days of the Court's ruling on the pending #13 venue and #14 standing motions; Defendants shall file the administrative record within 40 days of the Court's ruling on the omnibus motion to dismiss;Parties shall file cross-motions for summary judgment no later than 45 days after the filing of the administrative record;Memoranda in opposition to the cross-motions for summary judgment will be due 21 days afterward; Reply memoranda will be due no later than 14 days after the deadline for memoranda in opposition. Signed by Judge Victor A. Bolden on 4/25/2021. (Tisdale, I.) [Transferred from Connecticut on 10/6/2021.]
April 8, 2021 Filing 21 Joint MOTION for Amended Scheduling Order by Adam N Bergeron, Phyllis Coven, Ken Cuccinelli, Barbara Q Velarde. (Ikari, Carolyn) [Transferred from Connecticut on 10/6/2021.]
April 8, 2021 Filing 20 MOTION to Dismiss (), MOTION to Dismiss for Lack of Jurisdiction () by Adam N Bergeron, Phyllis Coven, Ken Cuccinelli, Barbara Q Velarde.Responses due by 4/29/2021 (Attachments: #1 Memorandum in Support, #2 Exhibit A Decision on I-290B, #3 Appendix 8 USC 1433 (1998))(Ikari, Carolyn) [Transferred from Connecticut on 10/6/2021.]
November 15, 2020 Opinion or Order Filing 19 ORDER granting #18 proposed scheduling order. The Court hereby adopts the following schedule in this case: Defendants shall file the administrative record within 30 days of this Court's ruling on the pending motions to dismiss;The parties shall file cross-motions for summary judgment no later than 45 days after the filing of the administrative record;Memoranda in opposition to the cross-motions for summary judgment shall be filed no later than 21 days afterward;Reply memoranda shall be filed no later than 14 days after the deadline for memoranda in opposition. Signed by Judge Victor A. Bolden on 11/15/2020. (Tisdale, I.) [Transferred from Connecticut on 10/6/2021.]
November 13, 2020 Filing 18 Joint MOTION for Scheduling Order (in lieu of 26f report) by Daniel Daskalakis, Jason Daskalakis, Helene Patricia Keane, Tara Michelle Keane.Responses due by 12/4/2020 (Romanovsky, Gregory) [Transferred from Connecticut on 10/6/2021.]
November 3, 2020 Filing 17 26(f) NOTICE: The Court has reviewed the file in this case to monitor the parties compliance with Local Rule 26(f). Local Rule 26(f) provides that, within 30 days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within 14 days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties must file on or before: November 17, 2020, (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a form 26(f) report; or (2) a form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Clerk on 11/3/2020.(Perez, J.) [Transferred from Connecticut on 10/6/2021.]
November 3, 2020 Set Deadlines: Dismissal due by 11/17/2020. (Perez, J.) [Transferred from Connecticut on 10/6/2021.]
October 9, 2020 Filing 16 Memorandum in Opposition re #14 MOTION to Dismiss for improper venue filed by Daniel Daskalakis, Jason Daskalakis, Helene Patricia Keane, Tara Michelle Keane. (Attachments: #1 Exhibit A)(Romanovsky, Gregory) [Transferred from Connecticut on 10/6/2021.]
October 9, 2020 Filing 15 Memorandum in Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction Plaintiff Helene Keane filed by Daniel Daskalakis, Jason Daskalakis, Helene Patricia Keane, Tara Michelle Keane. (Romanovsky, Gregory) [Transferred from Connecticut on 10/6/2021.]
September 21, 2020 Set Deadlines: Rule 26 Meeting Report due by 11/2/2020. (Perez, J.) [Transferred from Connecticut on 10/6/2021.]
September 18, 2020 Filing 14 MOTION to Dismiss for improper venue by Adam N Bergeron, Phyllis Coven, Ken Cuccinelli, Barbara Q Velarde.Responses due by 10/9/2020 (Attachments: #1 Memorandum in Support)(Ikari, Carolyn) [Transferred from Connecticut on 10/6/2021.]
September 18, 2020 Filing 13 MOTION to Dismiss for Lack of Jurisdiction Plaintiff Helene Keane by Adam N Bergeron, Phyllis Coven, Ken Cuccinelli, Barbara Q Velarde.Responses due by 10/9/2020 (Attachments: #1 Memorandum in Support, #2 Appendix 8 USC 1433)(Ikari, Carolyn) [Transferred from Connecticut on 10/6/2021.]
September 18, 2020 Filing 12 NOTICE of Appearance by Carolyn Aiko Ikari on behalf of Adam N Bergeron, Phyllis Coven, Ken Cuccinelli, Barbara Q Velarde (Ikari, Carolyn) [Transferred from Connecticut on 10/6/2021.]
August 3, 2020 Opinion or Order Filing 11 ORDER granting #9 Motion to Seal. The Court finds that good cause exists to seal these documents and that sealing is supported by clear and compelling reasons and is narrowly tailored to serve those reasons. See D. Conn. L. Civ. R. 5(e). Signed by Judge Victor A. Bolden on 8/3/2020. (Leon, Noel) [Transferred from Connecticut on 10/6/2021.]
July 30, 2020 Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Adam N Bergeron, Phyllis Coven, Ken Cuccinelli, Barbara Q Velarde* with answer to complaint due within *60* days. Attorney *Glenn L. Formica* *Formica P.C.* *195 Church Street, 11th Floor* *New Haven, CT 06510*. (Fazekas, J.) [Transferred from Connecticut on 10/6/2021.]
July 29, 2020 Filing 9 MOTION to Seal Exhibits to Complaint by Daniel Daskalakis, Jason Daskalakis, Helene Patricia Keane, Tara Michelle Keane. (Romanovsky, Gregory) [Transferred from Connecticut on 10/6/2021.]
July 29, 2020 Request for Clerk to issue summons as to All Defendants. (Romanovsky, Gregory) [Transferred from Connecticut on 10/6/2021.]
July 15, 2020 Filing 8 NOTICE of Appearance by Gregory Romanovsky on behalf of Daniel Daskalakis, Jason Daskalakis, Helene Patricia Keane, Tara Michelle Keane (Romanovsky, Gregory) [Transferred from Connecticut on 10/6/2021.]
July 15, 2020 Filing 7 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #5 Electronic Filing Order, #3 MOTION for Attorney(s) Gregory Romanovsky to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5971926) filed by Daniel Daskalakis, Tara Michelle Keane, Jason Daskalakis, Helene Patricia Keane, #6 Standing Protective Order, #1 Complaint,, filed by Daniel Daskalakis, Tara Michelle Keane, Jason Daskalakis, Helene Patricia Keane, #2 Notice of Appearance filed by Glenn L. Formica on behalf of Daniel Daskalakis, Tara Michelle Keane, Jason Daskalakis, Helene Patricia Keane Signed by Clerk on 07/14/2020.(Fazekas, J.) [Transferred from Connecticut on 10/6/2021.]
July 15, 2020 Opinion or Order Filing 4 ORDER granting #3 Motion to Appear Pro Hac Vice as to Gregory Romanovsky. Signed by Clerk on 7/15/2020. (Fazekas, J.) [Transferred from Connecticut on 10/6/2021.]
July 14, 2020 Opinion or Order Filing 6 STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 07/14/2020.(Fazekas, J.) [Transferred from Connecticut on 10/6/2021.]
July 14, 2020 Opinion or Order Filing 5 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 07/14/2020.(Fazekas, J.) [Transferred from Connecticut on 10/6/2021.]
July 14, 2020 Filing 3 MOTION for Attorney(s) Gregory Romanovsky to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5971926) by Daniel Daskalakis, Jason Daskalakis, Helene Patricia Keane, Tara Michelle Keane. (Attachments: #1 Affidavit Gregory Romanovsky, #2 Exhibit Certificate of Good Standing)(Formica, Glenn) Modified on 7/14/2020 to update parties (Anastasio, F.). [Transferred from Connecticut on 10/6/2021.]
July 14, 2020 Filing 2 NOTICE of Appearance by Glenn L. Formica on behalf of Daniel Daskalakis, Jason Daskalakis, Helene Patricia Keane, Tara Michelle Keane (Formica, Glenn) Modified on 7/14/2020 to update parties (Anastasio, F.). [Transferred from Connecticut on 10/6/2021.]
July 14, 2020 Filing 1 COMPLAINT FOR WRIT OF MANDAMUS AND DECLARATORY JUDGMENT against All Defendants ( Filing fee $400 receipt number ACTDC-5971854.), filed by Helene Patricia Keane, Jason Daskalakis, Daniel Daskalakis, Tara Michelle Keane. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit D-1, #7 Exhibit D-2, #8 Exhibit E-1, #9 Exhibit E-2, #10 Exhibit F, #11 Exhibit G)(Formica, Glenn) Modified on 7/14/2020 to update parties (Anastasio, F.). [Transferred from Connecticut on 10/6/2021.]
July 14, 2020 Judge Victor A. Bolden added. (Nuzzi, Tiffany) [Transferred from Connecticut on 10/6/2021.]

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Plaintiff: Helene Patricia Keane
Represented By: Glenn L. Formica
Represented By: Gregory Romanovsky
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Plaintiff: Tara Michelle Keane
Represented By: Glenn L. Formica
Represented By: Gregory Romanovsky
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Plaintiff: Daniel Daskalakis
Represented By: Glenn L. Formica
Represented By: Gregory Romanovsky
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Plaintiff: Jason Daskalakis
Represented By: Glenn L. Formica
Represented By: Gregory Romanovsky
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Defendant: Barbara Q Velarde
Represented By: Carolyn Aiko Ikari
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Defendant: Adam N Bergeron
Represented By: Carolyn Aiko Ikari
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Defendant: Phyllis Coven
Represented By: Carolyn Aiko Ikari
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Defendant: KEN CUCCINELLI
Represented By: Carolyn Aiko Ikari
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