Malik v. U.S. Department of Homeland Security et al
| Attiya Malik |
| U.S. Department of Homeland Security, U.S. Customs and Border Protection, Federal Bureau of Investigation, U.S. Department of Justice, Alejandro Mayorkas, Troy Miller, Christopher A Wray and Merrick B Garland |
| 4:2024cv00145 |
| February 14, 2024 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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| Filing 35 MOTION (Unopposed) to Set Response Deadline filed by Federal Bureau of Investigation, Merrick B Garland, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, Christopher A Wray with Brief/Memorandum in Support. (Delaney-DOJ, Sarah) |
| Filing 34 Notice of Substitution of Counsel by AUSA. Sarah Elizabeth Delaney-DOJ added as AUSA. (Delaney-DOJ, Sarah) |
| Filing 33 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bdb) |
| Filing 32 Case electronically transferred in from District of District of Columbia; Case Number 1:23-cv-00003. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
Filing 31
ORDER. In accordance with the attached Order, it is hereby ORDERED that the defendants' #21 Motion to Transfer is GRANTED. It is further ORDERED that the defendants' #22 Motion to Stay is DENIED. It is further ORDERED that the Clerk of the Court shall forthwith TERMINATE all remaining deadlines in this case and TRANSFER the case file to the United States District Court for the Northern District of Texas, Fort Worth Division. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on January 30, 2024. (lcrbw1) [Transferred from District of Columbia on 2/14/2024.]
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| Filing 30 NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL BUREAU OF INVESTIGATION, MERRICK B. GARLAND, ALEJANDRO N. MAYORKAS, TROY MILLER, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHRISTOPHER WRAY (Eckrote, Kaitlin) [Transferred from District of Columbia on 2/14/2024.] |
| Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Motion Hearing held on 1/29/2024. Oral arguments heard. The Court grants defendants' #21 Motion to Transfer Venue and denies defendants' #22 Motion to Stay, for the reasons set forth on the record. Order forthcoming via Chambers. (Court Reporter: Lisa Moreira) (zalh) [Transferred from District of Columbia on 2/14/2024.] |
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Filing 29
ORDER. In accordance with the attached Order, it is hereby ORDERED that, on January 29, 2024, at 10:30 a.m., the parties shall appear before the Court for a motion hearing. The parties shall appear before the Court via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on January 11, 2024. (lcrbw1) [Transferred from District of Columbia on 2/14/2024.]
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| Filing 28 NOTICE OF SUBSTITUTION OF COUNSEL by Kaitlin Kerry Eckrote on behalf of All Defendants Substituting for attorney Sean M. Tepe (Eckrote, Kaitlin) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 27 REPLY to opposition to motion re #21 MOTION to Transfer Case filed by FEDERAL BUREAU OF INVESTIGATION, MERRICK B. GARLAND, ALEJANDRO N. MAYORKAS, TROY MILLER, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHRISTOPHER WRAY. (Tepe, Sean) [Transferred from District of Columbia on 2/14/2024.] |
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MINUTE ORDER. Upon consideration of the defendants' #25 Unopposed Motion to Extend Time to File Reply Briefs, and for good cause shown, it is hereby ORDERED that the defendants' #25 Unopposed Motion to Extend Time to File Reply Briefs is GRANTED. It is further ORDERED that, on or before June 1, 2023, the defendants shall file their replies in support of their motions to transfer and to stay. Signed by Judge Reggie B. Walton on May 23, 2023. (lcrbw1) [Transferred from District of Columbia on 2/14/2024.]
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| Filing 26 NOTICE OF WITHDRAWAL OF APPEARANCE as to ATTIYA MALIK. Attorney Adam Malik terminated. (Malik, Adam) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Transfer Case , #22 MOTION to Stay by FEDERAL BUREAU OF INVESTIGATION, MERRICK B. GARLAND, ALEJANDRO N. MAYORKAS, TROY MILLER, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHRISTOPHER WRAY. (Tepe, Sean) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 24 Memorandum in opposition to re #21 Motion to Transfer Case, filed by ATTIYA MALIK. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 23 RESPONSE re #22 MOTION to Stay filed by ATTIYA MALIK. (Attachments: #1 Text of Proposed Order)(Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 22 MOTION to Stay by FEDERAL BUREAU OF INVESTIGATION, MERRICK B. GARLAND, ALEJANDRO N. MAYORKAS, TROY MILLER, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHRISTOPHER WRAY. (Attachments: #1 Text of Proposed Order)(Tepe, Sean) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 21 MOTION to Transfer Case by FEDERAL BUREAU OF INVESTIGATION, MERRICK B. GARLAND, ALEJANDRO N. MAYORKAS, TROY MILLER, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHRISTOPHER WRAY. (Attachments: #1 Text of Proposed Order)(Tepe, Sean) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 20 NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 19 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 3/6/2023 (Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 3/6/2023 (Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 17 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 3/6/2023 (Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 16 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEJANDRO N. MAYORKAS served on 3/3/2023 (Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 15 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 3/6/2023 (Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHRISTOPHER WRAY served on 3/6/2023 (Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TROY MILLER served on 3/6/2023 (Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/06/2023. (Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/6/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/5/2023. (Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 10 NOTICE of Appearance by Roy Kevin Petty on behalf of All Plaintiffs (Petty, Roy) [Transferred from District of Columbia on 2/14/2024.] |
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Filing 9
GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on February 23, 2023. (lcrbw1) [Transferred from District of Columbia on 2/14/2024.]
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| Filing 8 SUMMONS (1) Issued Electronically as to U.S. Attorney. (ztth) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 7 REQUEST FOR SUMMONS TO ISSUE re Notice of QC- New Case, filed by ATTIYA MALIK. Related document: Notice of QC- New Case,.(Malik, Adam) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 6 REQUEST FOR SUMMONS TO ISSUE re Notice of QC- New Case, filed by ATTIYA MALIK. Related document: Notice of QC- New Case,. (Attachments: #1 Summons Summons, #2 Summons Summons, #3 Summons Summons, #4 Summons Summons, #5 Summons Summons, #6 Summons Summons, #7 Summons Summons, #8 Summons Summons, #9 Summons Summons, #10 Summons Summons, #11 Summons Summons, #12 Summons Summons, #13 Summons Summons, #14 Summons Summons, #15 Summons Summons, #16 Summons Summons)(Malik, Adam) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 5 SUMMONS (8) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, MERRICK GARLAND, ALEJANDRO MAYORKAS, TROY MILLER, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHRISTOPHER WRAY. (Attachment: #1 Notice and Consent)(ztth) [Transferred from District of Columbia on 2/14/2024.] |
| NOTICE OF ERROR re #4 Request for Summons to Issue; emailed to amalik@malikfirm.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zsl, ) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 4 REQUEST FOR SUMMONS TO ISSUE re #1 Complaint, Notice of QC- New Case, filed by ATTIYA MALIK. Related document: #1 Complaint filed by ATTIYA MALIK, Notice of QC- New Case,. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons, #23 Summons)(Malik, Adam) [Transferred from District of Columbia on 2/14/2024.] |
| NOTICE OF ERROR re #1 Complaint; emailed to amalik@malikfirm.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (znmw, ) [Transferred from District of Columbia on 2/14/2024.] |
| Case Assigned to Judge Reggie B. Walton. (znmw) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 3 NOTICE OF RELATED CASE by ATTIYA MALIK. Case related to Case No. 22-10772 USCA 5th Circuit. (znmw) [Transferred from District of Columbia on 2/14/2024.] |
| Filing 2 CIVIL COVER SHEET by ATTIYA MALIK re Notice of QC- New Case, filed by ATTIYA MALIK. Related document: Notice of QC- New Case,. (Attachments: #1 Related Case Form)(Malik, Adam) [Transferred from District of Columbia on 2/14/2024.] |
| NOTICE OF ERROR re #1 Complaint; emailed to amalik@malikfirm.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zcb). [Transferred from District of Columbia on 2/14/2024.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9760568) filed by ATTIYA MALIK. (Attachments: #1 Civil Cover Sheet)(Malik, Adam) [Transferred from District of Columbia on 2/14/2024.] |
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