Castelino v. Jaddou et al
| Rahul Nigel Castelino |
| Director, USCIS Ur M. Jaddou, US Citizenship and Immigration Services, Alissa Emmel, Ur M. Jaddou and U.S. Citizenship and Immigration Services |
| 1:2023cv07907 |
| September 6, 2023 |
| US District Court for the Southern District of New York |
| James L Cott |
| Lewis A Kaplan |
| Mandamus & Other |
| None |
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
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Filing 32
ORDER FOR CONFERENCE PURSUANT TO RULE 16: The Court shall hold an initial case management conference in accordance with Fed. R. Civ. P. 16(a), on November 21, 2023, at 11:00 a.m. by telephone. The parties should contact chambers using the Court's conference line, (877) 873-8017 (Access Code: 5277586). Upon receipt of this order, counsel for plaintiff, and counsel for defendants are directed to confer with each other to be sure that all parties have received a copy of this Order. They should also confer to see if they can resolve this case without further litigation. If the parties are able to resolve this matter before theinitial conference, they should so advise the Court and the conference will becancelled. and as set forth herein. SO ORDERED. Initial Conference set for 11/21/2023 at 11:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 10/19/2023) (ama)
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| Filing 31 CERTIFICATE OF SERVICE of Summons and Complaint/Petition in the Nature of Mandamus. Alissa Emmel served on 10/3/2023, answer due 10/24/2023; Ur M. Jaddou served on 10/3/2023, answer due 10/24/2023; U.S. Citizenship and Immigration Services served on 10/3/2023, answer due 10/24/2023. Service was made by MAIL. Document filed by Rahul Nigel Castelino. (Attachments: #1 Exhibit FedEx Proof of Delivery).(Antwine, Stephen) |
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Filing 30
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions: Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/18/23) (yv)
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Filing 29
ORDER GRANTING ADMISSION PRO HAC VICE granting #17 Motion for Stephen J. Antwine to Appear Pro Hac Vice. The motion of Stephen J. Antwine, for admission to practice Pro Hac Vice in the above-captioned action is GRANTED. DONE AND ORDERED. (Signed by Judge Lewis A. Kaplan on 10/18/23) (yv)
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| Filing 28 NOTICE OF APPEARANCE by Susan Colleen Branagan on behalf of Alissa Emmel, Ur M. Jaddou, U.S. Citizenship and Immigration Services..(Branagan, Susan) |
| Filing 27 ELECTRONIC SUMMONS ISSUED as to Ur M. Jaddou, U.S. Attorney and U.S. Attorney General..(gp) |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Ur M. Jaddou, U.S. Attorney and U.S. Attorney General..(gp) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to U.S. Citizenship and Immigration Services, U.S. Attorney and U.S. Attorney General..(gp) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Ur M. Jaddou, U.S. Attorney and U.S. Attorney General..(gp) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Alissa Emmel, U.S. Attorney and U.S. Attorney General..(gp) |
| Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Ur M. Jaddou c/o Damian Williams, re: #8 Complaint/Petition in the Nature of Mandamus. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Ur M. Jaddou, c/o Merrick Garland, re: #8 Complaint/Petition in the Nature of Mandamus. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to US Citizenship and Immigration Services, re: #8 Complaint/Petition in the Nature of Mandamus. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Ur M. Jaddou, re: #8 Complaint/Petition in the Nature of Mandamus. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Alissa Emmel, re: #8 Complaint/Petition in the Nature of Mandamus. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) |
| Filing 17 MOTION for Stephen J. Antwine to Appear Pro Hac Vice on behalf of Plaintiff. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rahul Nigel Castelino. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Supplement Statement of Counsel, #3 Proposed Order Proposed Order).(Antwine, Stephen) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Stephen J. Antwine to Appear Pro Hac Vice on behalf of Plaintiff. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Transmission to Case Assignment Clerk. Transmitted re: #7 Amended Civil Case Administrative Closing Order,,,,, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stephen James Antwine to RE-FILE Document No. #11 Request for Issuance of Summons, #14 Request for Issuance of Summons, #13 Request for Issuance of Summons, #10 Request for Issuance of Summons, #12 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; caption title does not match complaint caption title (plaintiff name is incorrect). 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. (pc) |
| Magistrate Judge James L. Cott 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. (vba) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for Stephen J. Antwine to Appear Pro Hac Vice on Behalf of Plaintiff. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Pennsylvania; missing notarized affidavit or declaration pursuant to Local Rule 1.3;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| Filing 16 NOTICE OF APPLICATION TO REOPEN CASE: Pursuant to Amended Standing Order (15-MC-131): the pleading has been filed using the correct event type; the PDF for the pleading has been corrected;. The deficiency(ies) has been cured and the party(ies) seek to reopen the civil case..(Antwine, Stephen) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stephen J. Antwine to Appear Pro Hac Vice on Behalf of Plaintiff. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rahul Nigel Castelino. (Attachments: #1 Supplement Affidavit of Counsel, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order).(Antwine, Stephen) Modified on 9/25/2023 (va). |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship and Immigration Services, re: #8 Complaint/Petition in the Nature of Mandamus. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) Modified on 9/25/2023 (pc). |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ur M. Jaddou c/o Merrick Garland, re: #8 Complaint/Petition in the Nature of Mandamus. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) Modified on 9/25/2023 (pc). |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ur M. Jaddou, re: #8 Complaint/Petition in the Nature of Mandamus. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) Modified on 9/25/2023 (pc). |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Alissa Emmel, re: #8 Complaint/Petition in the Nature of Mandamus. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) Modified on 9/25/2023 (pc). |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ur M. Jaddou, re: #8 Complaint/Petition in the Nature of Mandamus. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) Modified on 9/25/2023 (pc). |
| Filing 9 CIVIL COVER SHEET filed..(Antwine, Stephen) |
| Filing 8 COMPLAINT IN THE NATURE OF MANDAMUS against Alissa Emmel, Ur M. Jaddou, U.S. Citizenship and Immigration Services.Document filed by Rahul Nigel Castelino. (Attachments: #1 Exhibit Exhibit A).(Antwine, Stephen) |
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Filing 7
AMENDED CASE OPENING ADMINISTRATIVE CLOSING ORDER: New civil actions filed electronically that contain the following deficiencies may be administratively closed without prejudice and summonses may not be issued unless the deficiency is corrected within five (5) days of electronic transmission by the Clerk of a Notice of Deficient Filing: The case initiating document contains the wrong document - an illegible or unreadable document or no document.. Where a new civil action is administratively closed for a reason listed above and the party cures the deficiency within 60 days of the case closing, the party should seek to reopen the case by electronically filing a Notice of Application to Reopen Case through the ECF system. Such Notice shall describe the efforts to cure the deficiency and seek to reopen the case. The Clerk shall review such Notice and, if the deficiency is satisfactorily cured, reopen and randomly reassign the case. Applications to reopen such administratively closed cases filed after 60 days of closing must proceed by motion. Administrative Reopening due by 11/13/2023. (Signed by Judge Colleen McMahon on 1/14/2021) (gp)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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..(gp) |
| Case Designated ECF. (gp) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stephen James Antwine. The party information for the following party/parties has been modified: Alissa Emmel, Ur M. Jaddou. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stephen James Antwine. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Arbitration code e (Exempt). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the Arbitration code has been deleted. (vf) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 FIRST MOTION for Stephen James Antwine to Appear Pro Hac Vice for Plaintiff. Filing fee $ 200.00, receipt number ANYSDC-28248783. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order; missing Affidavit/ Declaration. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stephen James Antwine to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons, #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen James Antwine to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/12/2023. (vf) |
| Filing 6 CIVIL COVER SHEET filed..(Antwine, Stephen) |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Stephen James Antwine to Appear Pro Hac Vice for Plaintiff. Filing fee $ 200.00, receipt number ANYSDC-28248783. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rahul Nigel Castelino. (Attachments: #1 Exhibit Certificate of Good Standing).(Antwine, Stephen) Modified on 9/7/2023 (sgz). |
| Filing 4 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Ur M. Jaddou c/o Damian Williams, re: #1 Complaint. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) Modified on 9/7/2023 (vf). |
| Filing 3 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Ur M. Jaddou, c/o Merrick Garland, re: #1 Complaint. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) Modified on 9/7/2023 (vf). |
| Filing 2 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Ur M. Jaddou, re: #1 Complaint. Document filed by Rahul Nigel Castelino..(Antwine, Stephen) Modified on 9/7/2023 (vf). |
| Filing 1 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against Alissa Emmel, Ur M. Jaddou, US Citizenship and Immigration Services. (Filing Fee $ 402.00, Receipt Number ANYSDC-28248702)Document filed by Rahul Nigel Castelino. (Attachments: #1 Exhibit Exhibit A).(Antwine, Stephen) Modified on 9/7/2023 (vf). |
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