Macks USA, Inc et al v. United States Department of Labor et al
| Macks USA, Inc and Mujeeb Rahman |
| United States Department of Labor and Julie Su |
| 1:2023cv07476 |
| August 23, 2023 |
| 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. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/21/2023 before Judge John G. Koeltl. Court Reporter/Transcriber: Kelly Surina, (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 11/13/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/18/2024..(McGuirk, Kelly) |
Filing 29
ORDER granting #28 Letter Motion for Extension of Time to Answer re #28 LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Rebecca Salk dated 10/19/2023., #1 Complaint. APPLICATION GRANTED SO ORDERED. Julie Su answer due 11/6/2023; United States Department of Labor answer due 11/6/2023. (Signed by Judge John G. Koeltl on 10/19/2023) (ate)
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| Filing 28 LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Rebecca Salk dated 10/19/2023. Document filed by Julie Su, United States Department of Labor..(Salk, Rebecca) |
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Filing 27
MEMO ENDORSEMENT on re: #26 Status Report filed by Julie Su, United States Department of Labor. ENDORSEMENT: This letter is sufficient. So Ordered. (Signed by Judge John G. Koeltl on 10/6/2023) (ate)
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| Filing 26 STATUS REPORT. Document filed by Julie Su, United States Department of Labor..(Salk, Rebecca) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 9/21/2023 re: #6 EMERGENCY MOTION for Order to Show Cause Memorandum of Law. Filed by Macks USA, Inc, Mujeeb Rahman #10 EMERGENCY MOTION for Order to Show Cause Declaration of Ronald B. Weisenberg, Esq. Filed by Macks USA, Inc, Mujeeb Rahman,. (Fletcher, Donnie) |
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Filing 25
ORDER: The parties are directed to file a Rule 26(f) report by October 5, 2023. (Signed by Judge John G. Koeltl on 9/21/2023) (ate)
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Filing 24
ORDER: The parties are directed to appear via telephone tomorrow, September 21, 2023, at 2:30 p.m., for oral argument on the preliminary injunction. Dial-in: 888-363-4749, with access code 8140049. ( Telephone Conference set for 9/21/2023 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 9/20/2023) (ate)
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| Filing 23 DECLARATION of Ronald B. Weisenberg, Esq. (refiled) in Support. Document filed by Macks USA, Inc, Mujeeb Rahman. (Attachments: #1 Exhibit A--ARB Order Feb 21, 2023, #2 Exhibit B--ALJ Order March 31, 2022, #3 Exhibit C1--ALJ Transcript Excerpts(1of2), #4 Exhibit C2--ALJ Transcript Excerpts(2of2), #5 Exhibit D--LCA Filed for Mr. Jalal, #6 Exhibit E--Visa Filed for Mr. Jalal, #7 Exhibit F--Email to Mr. Jalal re: Approval, #8 Exhibit G--Ltr to Mr. Jalal, #9 Exhibit H--Docs re Inet Assignment, #10 Exhibit I--Email re:Mr. Jamal Quit, #11 Exhibit J--USDOL Determination).(Weisenberg, Ronald) |
| Filing 22 DECLARATION of Mujeeb Rahman in Support re: #20 Reply Memorandum of Law, #21 Memorandum of Law in Support. Document filed by Macks USA, Inc, Mujeeb Rahman. (Attachments: #1 Exhibit A--DOL Demand Letter, #2 Exhibit B--DOL Final Order Letter, #3 Exhibit C--Email Regarding Order).(Weisenberg, Ronald) |
| Filing 21 MEMORANDUM OF LAW in Support of Order to Show Cause (refiled). Document filed by Macks USA, Inc, Mujeeb Rahman..(Weisenberg, Ronald) |
| Filing 20 REPLY MEMORANDUM OF LAW . Document filed by Macks USA, Inc, Mujeeb Rahman..(Weisenberg, Ronald) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENTS - EVENT TYPE ERROR. Notice to Attorney Ronald Barry Weisenberg to RE-FILE Documents #10 EMERGENCY MOTION for Order to Show Cause Declaration of Ronald B. Weisenberg, Esq.., #6 EMERGENCY MOTION for Order to Show Cause Memorandum of Law. and #7 EMERGENCY MOTION for Order to Show Cause Declaration of Mujeeb Rahman.. Use the event types MEMORANDUM OF LAW in Support (non-motion) and Declaration in Support (non-motion) found under the event list Other Answers. (lb) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument set for 9/21/2023 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 19 DECLARATION of B. Carina De La Paz in Opposition re: #6 EMERGENCY MOTION for Order to Show Cause Memorandum of Law.. Document filed by Julie Su, United States Department of Labor. (Attachments: #1 Exhibit A- March 2, 2021 Trial Transcript, #2 Exhibit B - June 26, 2020 ALJ Summary Decision, #3 Exhibit C- USCIS Denial Dated 3/26/2016, #4 Exhibit D - Complaint Submitted by Jalal).(Salk, Rebecca) |
| Filing 18 DECLARATION of Rebecca Salk in Opposition re: #6 EMERGENCY MOTION for Order to Show Cause Memorandum of Law.. Document filed by Julie Su, United States Department of Labor. (Attachments: #1 Exhibit A - Transcript from 8/24/2023 Hearing).(Salk, Rebecca) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #6 EMERGENCY MOTION for Order to Show Cause Memorandum of Law. . Document filed by Julie Su, United States Department of Labor..(Salk, Rebecca) |
| Filing 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/24/2023 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 15 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/24/2023 before Judge John G. Koeltl. Court Reporter/Transcriber: Sonya Ketter Moore, (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 9/29/2023. Redacted Transcript Deadline set for 10/10/2023. Release of Transcript Restriction set for 12/7/2023..(McGuirk, Kelly) |
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Filing 14
ORDER: granting #13 Letter Motion for Extension of Time. Application Granted. SO ORDERED. Motions due by 9/1/2023. (Signed by Judge John G. Koeltl on 8/29/2023) (ama)
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| Set/Reset Deadlines: Responses due by 9/11/2023 Replies due by 9/18/2023. (ama) |
| Filing 13 JOINT LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Rebecca Salk dated 8/28/2023. Document filed by Julie Su, United States Department of Labor..(Salk, Rebecca) |
| Filing 12 NOTICE OF APPEARANCE by Rebecca Lynn Salk on behalf of Julie Su, United States Department of Labor..(Salk, Rebecca) |
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Filing 11
ORDER: The Government should respond in writing to the plaintiffs' application for a preliminary injunction by September 7, 2023. The plaintiffs may reply by September 15, 2023. If the Court decides that oral argument on the application is necessary, such argument will be held on September 21, 2023, at 2:30 p.m. ( Replies due by 9/15/2023., Responses due by 9/7/2023), ( Oral Argument set for 9/21/2023 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 8/24/2023) (ate)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing set for 8/24/2023 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing held on 8/24/2023. (Court Reporter Sonia Ketter Moore) (Fletcher, Donnie) |
| AMENDED Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing set for 8/24/2023 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. Counsel for the plaintiffs shall serve all show cause papers on the Government, and shall notify the Government of this hearing, immediately upon receipt of this minute entry. (Fletcher, Donnie) |
| Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - EMERGENCY MOTION for Order to Show Cause Declaration of Ronald B. Weisenberg, Esq.. Document filed by Macks USA, Inc, Mujeeb Rahman. (Attachments: #1 Exhibit ARB Order Feb 21, 2023, #2 Exhibit ALJ Order March 31, 2022, #3 Exhibit (1of2)Transcript Excerpts from ALJ, #4 Exhibit (2of2)Transcript Excerpts from ALJ, #5 Exhibit LCA Filed for Mr. Jalal, #6 Exhibit Visa Filed for Mr. Jalal, #7 Exhibit Email to Mr. Jalal re: approval, #8 Exhibit Employment Letter to Mr. Jalal, #9 Exhibit Docs re: Inet Assignment, #10 Exhibit Email Re: Mr. Jamal Quit, #11 Exhibit USDOL Determination Ltr).(Weisenberg, Ronald) Modified on 9/18/2023 (lb). |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Julie Su..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to United States Department of Labor..(pc) |
| Filing 7 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - EMERGENCY MOTION for Order to Show Cause Declaration of Mujeeb Rahman. Document filed by Macks USA, Inc, Mujeeb Rahman. (Attachments: #1 Exhibit DOL Demand Letter, #2 Exhibit DOL Final Order Letter, #3 Exhibit Email regarding Order).(Weisenberg, Ronald) Modified on 9/18/2023 (lb). |
| Filing 6 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - EMERGENCY MOTION for Order to Show Cause Memorandum of Law. Document filed by Macks USA, Inc, Mujeeb Rahman..(Weisenberg, Ronald) Modified on 9/18/2023 (lb). |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Macks USA, Inc, Mujeeb Rahman..(Weisenberg, Ronald) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Acting Sec. of Labor Julie Su, re: #1 Complaint. Document filed by Macks USA, Inc, Mujeeb Rahman..(Weisenberg, Ronald) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to US Department of Labor, re: #1 Complaint. Document filed by Macks USA, Inc, Mujeeb Rahman..(Weisenberg, Ronald) |
| Filing 2 CIVIL COVER SHEET filed..(Weisenberg, Ronald) |
| Filing 1 COMPLAINT against Julie A. Su, USDOL WHD. (Filing Fee $ 402.00, Receipt Number ANYSDC-28188556)Document filed by Macks USA, Inc, Mujeeb Rahman..(Weisenberg, Ronald) |
| Case Designated ECF. (pc) |
| 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. (pc) |
| 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 #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..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ronald Barry Weisenberg. The party information for the following party/parties has been modified: USDOL WHD, Acting Sec. of Labor Julie A. Su. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
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