ONDIEK v. MAYORKIS et al
| CAROLINE B. ONDIEK |
| ALEJANDRO MAYORKIS, TRACY RENAUD, ANDREA KAO and JUSTIN APPERSON |
| 2:2021cv00233 |
| February 17, 2021 |
| US District Court for the Western District of Pennsylvania |
| Mark R Hornak |
| Naturalization Application |
| 8 U.S.C. § 1446 |
| None |
Docket Report
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This docket was last retrieved on June 28, 2021. A more recent docket listing may be available from PACER.
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Filing 25
NOTICE to Court by JUSTIN APPERSON, ANDREA KAO, ALEJANDRO MAYORKIS, TRACY RENAUD re 24 Order, (Tortorice, Marla)
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Filing 24
ORDER. Counsel shall file a further Joint Status Report within five (5) days of the Plaintiff's naturalization. Signed by Chief Judge Mark R. Hornak on 6/15/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 23
NOTICE to Court by JUSTIN APPERSON, ANDREA KAO, ALEJANDRO MAYORKIS, TRACY RENAUD re #20 Order Staying Case, Terminate Civil Case, Terminate Motions, (Tortorice, Marla)
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Filing 22
NOTICE to Court by JUSTIN APPERSON, ANDREA KAO, ALEJANDRO MAYORKIS, TRACY RENAUD re 21 Order, (Tortorice, Marla)
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Filing 21
ORDER. Counsel for the United States is hereby directed to transmit a copy of #19 Opinion; and, #20 Order to the United States Citizenship and Immigration Service forthwith, and file a certificate of said service on the docket of this matter. Signed by Chief Judge Mark R. Hornak on 6/7/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 20
ORDER. for the reasons stated in the Court's #19 Opinion of this date, Defendants' #9 Motion to Remand is GRANTED. It is further ordered that the United States Citizenship and Immigration Service ("USCIS") shall make a final determination on Plaintiff's naturalization application within 35 days after the earlier of (a) the date that Plaintiff responds to the Notice of Intent to Deny; or (b) August 4, 2021. In the meantime, the Court orders this case be STAYED and administratively CLOSED pending further proceedings. The Court will maintain jurisdiction of this matter to engage in such further proceedings, and to enter such Orders as may be permitted by law and which are otherwise just and proper. Counsel shall confer and file a joint status report on the docket within ten (10) days of the issuance by the USCIS of the final determination as to Plaintiffs naturalization application pursuant to the Court's remand. Signed by Chief Judge Mark R. Hornak on 6/4/21. (bdb)
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Filing 19
OPINION. Signed by Chief Judge Mark R. Hornak on 6/4/21. (bdb)
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Filing 18
ORDER ACCEPTING #16 Response to Order to Show Cause. It is further ORDERED that 15 Order to Show Cause is hereby VACATED. And it is further ORDERED that the formal Answer as filed is docketed, all without prejudice to any party. Signed by Chief Judge Mark R. Hornak on 5/27/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 17
ANSWER to #1 Complaint, by JUSTIN APPERSON, ANDREA KAO, ALEJANDRO MAYORKIS, TRACY RENAUD. (Tortorice, Marla)
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Filing 16
RESPONSE TO ORDER TO SHOW CAUSE re 15 Order to Show Cause, filed by JUSTIN APPERSON, ANDREA KAO, ALEJANDRO MAYORKIS, TRACY RENAUD. (Tortorice, Marla)
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Filing 15
ORDER TO SHOW CAUSE Directed to Defendants. By Order dated May 10, 2021, ECF No. 13 , this Court ORDERED the Defendants, including the Secretary of the Department of Homeland Security, to file on the docket on or before May 21, 2021 an Answer to the merits of the Plaintiff's claims, along with a Reply in support of their Motion to Remand. The Defendants, including the Secretary, filed only such a Reply, ECF No. #14 , and did not file the Answer on the merits as ORDERED by this Court. The Defendant's filing at ECF No. #14 offered no explanation for their refusal to fully comply with the ORDER of this Court. That filing argues that because the Secretary has now taken the actions that the Plaintiff complains were not timely taken, and which the Plaintiff says should have been taken, and were not taken, months ago, the Court should remand the matter for further administrative proceedings rather than address the claims as pled by the Plaintiff. In light of the failure of the Defendants, including the Secretary, to comply with the Order of this Court that a merits Answer be filed not later than May 21, 2021, it is ORDERED that not later than 4:00 p.m. Wednesday, May 26, 2021, the Defendants shall show cause with a filing on the docket as to why this Court should not deem the averments of fact in the Complaint, ECF No. #1 , admitted in full and as appropriate enter judgment in favor of the Plaintiff, and shall further explain in detail why they did not believe they were obligated to fully comply with the Courts Order at ECF No. 13 by the filing of an Answer on the merits. Signed by Chief Judge Mark R. Hornak on 5/25/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 14
REPLY to Response to Motion re #12 Response to Motion filed by JUSTIN APPERSON, ANDREA KAO, ALEJANDRO MAYORKIS, TRACY RENAUD. (Attachments: #1 Exhibit 1) (Tortorice, Marla)
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Filing 13
ORDER. On or before May 21, 2021, counsel for Defendants shall file both an Answer to the merits of #1 Plaintiff's Complaint, and a Reply to #12 Plaintiff's Response in Opposition. Signed by Chief Judge Mark R. Hornak on 5/10/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 12
RESPONSE IN OPPOSITION to Motion re #9 MOTION to Remand filed by CAROLINE B. ONDIEK. (Pell, Daniel)
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Filing 11
ORDER. On or before 5/18/21, counsel for the Plaintiff shall respond to #9 Motion to Remand. Signed by Chief Judge Mark R. Hornak on 5/4/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 10
BRIEF in Support re #9 Motion to Remand filed by JUSTIN APPERSON, ANDREA KAO, ALEJANDRO MAYORKIS, TRACY RENAUD. (Tortorice, Marla)
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Filing 9
MOTION to Remand by JUSTIN APPERSON, ANDREA KAO, ALEJANDRO MAYORKIS, TRACY RENAUD. (Attachments: #1 Proposed Order) (Tortorice, Marla)
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Filing 8
ORDER GRANTING #3 Motion for Daniel M. Pell to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 2/22/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
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Filing 7
Proposed Order re #3 Motion to Appear Pro Hac Vice by CAROLINE B. ONDIEK. (Pell, Daniel)
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Filing 6
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad)
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Filing 5
STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 2/18/21. (jad)
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Filing 4
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jad)
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Filing 3
MOTION for attorney Daniel M. Pell to Appear Pro Hac Vice Filing fee $70 Receipt # APAWDC-6348157 by CAROLINE B. ONDIEK. (Attachments: #1 Exhibit of Certificate of good Staning) (jv)
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Filing 2
Summons Issued as to ANDREA KAO (main document), ALEJANDRO MAYORKIS, TRACY RENAUD, JUSTIN APPERSON (Attachments: #1 Summons as to Alejandro Mayorkis, #2 Summons as to Justin Apperson, #3 Summons issued as to Tracy Renaud) (jv)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #3 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (jv)
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Filing 1
COMPLAINT against JUSTIN APPERSON, ANDREA KAO, ALEJANDRO MAYORKIS, TRACY RENAUD (Filing fee, including Administrative fee, $402, receipt number BPAWDC-6348014), filed by CAROLINE B. ONDIEK. (Attachments: #1 Civil Cover Sheet, #2 Exhibits 1-5) (jv)
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