1
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COMPLAINT against Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Filing Fee $ 350.00, Receipt Number 644032)Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa.(laq) (mbe). (Entered: 03/10/2008)
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March 6, 2008
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March 6, 2008
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2
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NOTICE OF APPEARANCE by Jackson Chin on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (laq) (Entered: 03/10/2008)
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March 6, 2008
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March 6, 2008
PACER
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3
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NOTICE OF APPEARANCE by Foster S. Maer on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (laq) (Entered: 03/10/2008)
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March 6, 2008
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March 6, 2008
PACER
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4
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NOTICE OF APPEARANCE by Jose-Luis Perez on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (laq) (Entered: 03/10/2008)
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March 6, 2008
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March 6, 2008
PACER
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5
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NOTICE OF APPEARANCE by Michael David Sant'Ambrogio on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa (Sant'Ambrogio, Michael) (Entered: 03/10/2008)
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March 10, 2008
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March 10, 2008
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6
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NOTICE OF APPEARANCE by Jason David Parkin on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa (Parkin, Jason) (Entered: 03/10/2008)
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March 10, 2008
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March 10, 2008
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7
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NOTICE OF APPEARANCE by Jane Greengold Stevens on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa (Stevens, Jane) (Entered: 03/10/2008)
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March 10, 2008
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March 10, 2008
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8
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NOTICE OF APPEARANCE by Alan H. Levine on behalf of Virginia Milanes (Levine, Alan) (Entered: 04/02/2008)
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April 2, 2008
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April 2, 2008
RECAP
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9
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NOTICE OF APPEARANCE by Richard William Slack on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa (Slack, Richard) (Entered: 04/02/2008)
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April 2, 2008
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April 2, 2008
RECAP
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10
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NOTICE OF APPEARANCE by James W. Quinn on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa (Quinn, James) (Entered: 04/02/2008)
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April 2, 2008
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April 2, 2008
RECAP
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11
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Foster Maer dated 4/3/08 re: plaintiff requsts permission to file a combined brief of no more than 50 pages. ENDORSEMENT: granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 4/3/08) (pl) (Entered: 04/03/2008)
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April 3, 2008
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April 3, 2008
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12
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NOTICE OF APPEARANCE by Kirti Vaidya Reddy on behalf of Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez (Reddy, Kirti) (Entered: 04/07/2008)
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April 7, 2008
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April 7, 2008
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13
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NOTICE OF APPEARANCE by Robert William Yalen on behalf of Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez (Yalen, Robert) (Entered: 04/07/2008)
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April 7, 2008
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April 7, 2008
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14
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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). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Lawrence M. McKenna on 4/21/08) (js) (Entered: 04/22/2008)
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April 21, 2008
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April 21, 2008
RECAP
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15
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Kirti Vaidya Reddy dated 4/22/08 re: Counsel for defendant requests the Court's permission to file its administrative records with the Clerk of Court by manually filing a hard copy and computer disks, rather than through the ECF system. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 4/23/08) (js) (Entered: 04/23/2008)
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April 23, 2008
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April 23, 2008
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16
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TRANSCRIPT of proceedings held on 4/11/2008 before Judge Lawrence M. McKenna. (ama) (Entered: 04/28/2008)
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April 28, 2008
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April 28, 2008
PACER
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17
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STIPULATED PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Lawrence M. McKenna on 5/8/2008) (jpo) (Entered: 05/08/2008)
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May 8, 2008
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May 8, 2008
RECAP
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18
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MEMORANDUM AND ORDER: First, the Court has neither ruled that all discovery is permissible notwithstanding the normal restrictions on going outside of the administrative record on APA issues, nor left that issues to Judge Fox to rule on as an abstract question. The administrative record rule is to be respected, but the Court recognizes as well that there may be exceptions in this case as to particular factual issues, not all of which can be foreseen. The Court expects and party seeking discovery beyond the FBI and USCIS administrative records, The Yakubova production and the A files to show that the discovery it seeks is necessary for a particular reason, e.g., to fill a gap in an administrative record, or to obtain and explanation, or probe an explanation, for delay. Hopefully, counsel can meet and agree in such cases, but, if not, the issues will be presented to Judge Fox. (Signed by Judge Lawrence M. McKenna on 5/13/2008) (jfe) (Entered: 05/13/2008)
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May 13, 2008
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May 13, 2008
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19
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Richard W. Slack dated 5/15/2008, Plaintiff respectfully requests that the court deny defendants request to vacate the briefing schedule previously set by the Court, also that the Court adopt the following schedule: Fact Discovery in connection with Motion for Preliminary Injunction completed by May 27, 2008. The parties will disclose any expert and the subject of their testimony by May 30, 2008. The parties shall conduct any depositions of fact and expert witness for purpose of the Preliminary Injunction hearing by June 12, 2008. Plaintiff shall serve their Opposition to Defendants Motion to dismiss and reply to Defendants Opposition to plaintiffs' Motion for Preliminary Injunction and Class Certification no later than June 16, 2008. The parties shall be ready for a hearing on the Motion for Preliminary Injunction on or after June 18, 2008. ENDORSEMENT: Defendants' motion for an extension until 6/6/2008 to file their opposition to plaintiffs' motion for a preliminary injunction and class certification and defendants' motion for dismissal and remand is granted. The schedule proposed above in this letter is adopted with the exception, that each date in it is moved one week into the future. So Ordered,(Signed by Judge Lawrence M. McKenna on 5/19/2008) (jfe) (Entered: 05/19/2008)
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May 19, 2008
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May 19, 2008
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20
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Certification of Administrative Record (FBI). Document filed by Robert S. Mueller, III. (cd) (Entered: 05/23/2008)
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May 22, 2008
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May 22, 2008
PACER
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21
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ORDER, a telephonic conference will be held on 5/28/08, at 10:30 am, to be initiated by counsel to plaintiff to (212)805-6705. ( Telephone Conference set for 5/28/2008 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/23/08) (cd) (Entered: 05/27/2008)
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May 23, 2008
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May 23, 2008
RECAP
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22
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CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 6). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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23
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CIS Administrative Record for 2002 Change in scope of FBI name checks Naturalization Process. (Volume 1). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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24
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CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 4). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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25
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CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 5). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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26
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CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 3). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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27
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CIS Administrative Record for 2002 Change in scope of FBI name checks Naturalization Process. (Volume 2). (pl) (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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28
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CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 8). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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29
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CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 7). (pl) (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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30
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CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 10). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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31
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CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 9). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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32
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CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 2). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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33
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CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 12). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
PACER
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34
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ORDER: (1) on or before May 30, 2008, Gregory Smith shall certify that a copy of the complete and accurate administrative record has been provided to the plaintiffs; (2) on or before June 2, 2008, the defendants shall provide data responsive to the plaintiffs' discovery demands in hard copy format, as discussed during the conference, and thereafter, supplement that disclosure with the data maintained in an electronic format with the understanding that the electronic data will be provided to the plaintiffs on a rolling basis; (3) on or before June 9, 2008, the defendants must respond completely to the plaintiffs' outstanding discovery demands; and (4) on or before June 2, 2008, the plaintiffs shall respond to the defendants' outstanding discovery demands. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/28/08) (rw) (Entered: 05/28/2008)
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May 28, 2008
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May 28, 2008
RECAP
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35
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LETTER addressed to J. Michael McMahon, Clerk of Court from Tomoko Onozawa dated 5/22/08 re: Government submits for filing with the Clerk of Court, the administrative record for this case comprised of the documents that are set forth in this letter. Document filed by U.S. Department of Justice.(pl) Modified on 5/29/2008 (pl). (Entered: 05/29/2008)
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May 28, 2008
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May 28, 2008
PACER
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36
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna and Magistrate Judge Kevin. Fox from Robert William Yalen dated 6/3/08 re: The Government submits this letter to request certain modifications to the upcoming schedule in this case as follows: Government to complete production of Hard-Copy Documents due by 6/6/08 (all hard copy documents except those of Scharfen); 6/10/08 (hard copy documents of Scharfen); Service of Privilege Log for Hard Copy Documents due by 6/9/08 (for hard copy documents except those of Scharfen); 6/10/08 (for hard copy documents of Scharfen); Government to provide Plaintiffs with dates for Completion of Production of Documents from Eletronic-Sources due by 6/9/08; Disclosures of Expert Witnesses due by 6/6/08 (no change); Government's Papers due by 6/13/08; Government's Response to Interrogatories No. 5 and 6 to USCIS due by 6/9/08 (no change); Completion of depositions 6/27/08; Plaintiffs' papers due by 7/2/08; date when parties shall be ready for a preliminary injunction hearing 7/7/08. ENDORSEMENT: The above schedule is approved & so ordered. The preliminary injunction hearing will be held on 7/9/08 at 9:30 a.m. (and extended to 7/10/08 (to be set), if necessary). (Signed by Judge Lawrence M. McKenna on 6/5/08) (tro) (Entered: 06/06/2008)
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June 5, 2008
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June 5, 2008
RECAP
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37
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Robert William Yalen dated 6/11/08 re: Counsel for the Government request a one-week extension for the service of their papers and to submit a 75-page memorandum of law with papers. ENDORSEMENT: The government's time to serve & file the responsive submissions is extended to 6/19/08 at 1PM; the plaintiffs' time to serve & file its reply submissions is extended to 7/8 at 1PM. Page limitations for such submissions are waived. (Signed by Judge Lawrence M. McKenna on 6/11/08) (tro) (Entered: 06/12/2008)
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June 11, 2008
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June 11, 2008
RECAP
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38
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MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez.(Yalen, Robert) (Entered: 06/19/2008)
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June 19, 2008
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June 19, 2008
RECAP
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39
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MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment. and in Opposition to Plaintiffs' Motions for a Preliminary Injunction and Class Certification. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 06/19/2008)
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June 19, 2008
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June 19, 2008
RECAP
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40
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DECLARATION of Michael A. Cannon in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 06/19/2008)
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June 19, 2008
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June 19, 2008
RECAP
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41
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DECLARATION of David J. Keevis in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 06/19/2008)
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June 19, 2008
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June 19, 2008
RECAP
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42
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DECLARATION of Robert William Yalen in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (part 1), # 4 Exhibit C part 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F part 1, # 8 Exhibit F part 2)(Yalen, Robert) (Entered: 06/19/2008)
2 Exhibit A
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3 Exhibit B
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4 Exhibit C (part 1)
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5 Exhibit C part 2
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6 Exhibit D
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7 Exhibit E
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8 Exhibit F part 1
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9 Exhibit F part 2
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June 19, 2008
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June 19, 2008
RECAP
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43
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RULE 56.1 STATEMENT. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 06/19/2008)
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June 19, 2008
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June 19, 2008
RECAP
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44
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ENDORSED LETTER addressed to Judge Lawrence M. McKeena from Robert William Yalen dated 6/23/08 re: that the parties requests that the Court enter an order modifying the current schedule so as to permit depositions to be taken through 7/2/08. This extension would not modify any other deadlines in the case. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 6/24/08) (pl) (Entered: 06/24/2008)
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June 24, 2008
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June 24, 2008
RECAP
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45
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MOTION for Malick W. Ghachem to Appear Pro Hac Vice. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa.(dle) (Entered: 07/11/2008)
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July 10, 2008
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July 10, 2008
RECAP
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47
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SUPPLEMENT TO CIS ADMINISTRATIVE RECORD FOR BACKLONG IN PROCESSING NATURALIZATION APPLICATIONS filed by Donald Neufeld. (pl) (Entered: 07/14/2008)
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July 11, 2008
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July 11, 2008
PACER
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48
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ORDER granting 45 Motion for Malick W. Ghachem to Appear Pro Hac Vice. (Signed by Judge Lawrence M. McKenna on 7/9/08) (rw) (Entered: 07/14/2008)
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July 14, 2008
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July 14, 2008
RECAP
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49
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UNSIGNED ORDER TO SHOW CAUSE: Defendants shall show cause as to why an order Granting a preliminary Injunction, and class certification should not be issued, set forth herein. Oral Argument held July 15, 2008. See transcript. (jpo) (Entered: 07/16/2008)
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July 15, 2008
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July 15, 2008
PACER
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50
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REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 07/18/2008)
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July 18, 2008
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July 18, 2008
RECAP
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51
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REPLY AFFIRMATION of David J. Keevis in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit)(Yalen, Robert) (Entered: 07/18/2008)
2 Exhibit
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July 18, 2008
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July 18, 2008
RECAP
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52
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REPLY AFFIRMATION of Kirti Vaidya Reddy in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Yalen, Robert) (Entered: 07/18/2008)
2 Exhibit A
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3 Exhibit B
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4 Exhibit C
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5 Exhibit D
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July 18, 2008
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July 18, 2008
RECAP
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53
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TRANSCRIPT of proceedings held on 7/16/08 before Judge Lawrence M. McKenna. (ama) (Entered: 08/05/2008)
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Aug. 5, 2008
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Aug. 5, 2008
PACER
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54
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MEMO ENDORSED on DEFENDANTS' REPLY MEORANDUM OF LAW IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS IN PART AND REMAND IN PART, OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT. ENDORSEMENT: For the reasons set forth on the record on 8/7/2008, plaintiffs' motion for preliminary injunction motion for dismissal under F.R.C.P. 12(a)(6) is granted as to all claims in the complaint without prejudice to the continued pursuit by the named plaintiffs putative class members was one not yet naturalized of their naturalization proceedings. Defendants' motion for remand is denied and defendants' motion for summary judgment (not reached) is denied as moot. So ordered. (Signed by Judge Lawrence M. McKenna on 8/7/2008) (jpo) (Entered: 08/07/2008)
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Aug. 7, 2008
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Aug. 7, 2008
RECAP
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55
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Tomoko Onozawa dated 8/13/08 re: The parties jointly propose the corrections to the transcript indicated on the attached Exhibit A. The Government proposes the additional correction listed on the attached Exhibit B; Plaintiff do not agree to this additional correction. ENDORSEMENT: All proposed corrections including that on exhibit B. Are approved. So Ordered. (Signed by Judge Lawrence M. McKenna on 8/14/08) (js) (Entered: 08/14/2008)
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Aug. 14, 2008
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Aug. 14, 2008
RECAP
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56
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MOTION for Reconsideration re; 54 Order on Motion to Dismiss,,. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa.(Slack, Richard) (Entered: 08/19/2008)
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Aug. 19, 2008
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Aug. 19, 2008
RECAP
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57
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MEMORANDUM OF LAW in Support re: 56 MOTION for Reconsideration re; 54 Order on Motion to Dismiss,,.. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 08/19/2008)
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Aug. 19, 2008
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Aug. 19, 2008
RECAP
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58
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Kirti Vaidya Reddy dated 8/21/2008 re: Counsel respectfully request that the deadline for its service of an opposition to the motion for reconsideration be set for September 3, 2008. ENDORSEMENT: Plaintiff's application for expedited briefing is denied. Defendant's response to plaintiff's motion is to be filed by 9/3/08. Plaintiff's may have until 9/10/08 to reply (but may, of course reply earlier) if the Court finds that a hearing and/or oral argument is needed, it will so notify all counsel. So Ordered. (Signed by Judge Lawrence M. McKenna on 8/22/2008) (jfe) Modified on 9/16/2008 (jfe). (Entered: 08/22/2008)
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Aug. 22, 2008
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Aug. 22, 2008
RECAP
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59
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MEMORANDUM OF LAW in Opposition re: 56 MOTION for Reconsideration re; 54 Order on Motion to Dismiss,,.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 09/03/2008)
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Sept. 3, 2008
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Sept. 3, 2008
RECAP
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60
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TRANSCRIPT of proceedings held on 8/07/08 before Judge Lawrence M. McKenna. (ama) (Entered: 09/04/2008)
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Sept. 4, 2008
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Sept. 4, 2008
PACER
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61
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MEMORANDUM OF LAW in Support re: 49 Order to Show Cause - Unsigned. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)
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Sept. 5, 2008
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Sept. 5, 2008
RECAP
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62
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DECLARATION of Foster S. Maer in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)
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Sept. 5, 2008
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Sept. 5, 2008
RECAP
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63
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DECLARATION of Andres Giovanny Sanchez in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)
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Sept. 5, 2008
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Sept. 5, 2008
RECAP
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64
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DECLARATION of Nancy Castro in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)
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Sept. 5, 2008
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Sept. 5, 2008
RECAP
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65
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DECLARATION of Arturo Vargas in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)
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Sept. 5, 2008
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Sept. 5, 2008
RECAP
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66
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DECLARATION of Omar M. Farfan in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)
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Sept. 5, 2008
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Sept. 5, 2008
RECAP
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67
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DECLARATION of Manuel Alberto Martinez in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)
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Sept. 5, 2008
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Sept. 5, 2008
RECAP
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68
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DECLARATION of Virginia Milanes in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Margoth Perez De Chalampa, Michael Chertoff. (Slack, Richard) (Entered: 09/05/2008)
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Sept. 5, 2008
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Sept. 5, 2008
RECAP
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69
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AFFIDAVIT of Margoth Perez De Chalampa in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)
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Sept. 5, 2008
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Sept. 5, 2008
RECAP
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70
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DECLARATION of Michael D. Sant'Ambrogio in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6)(Slack, Richard) (Entered: 09/05/2008)
2 Part 2
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3 Part 3
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4 Part 4
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5 Part 5
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6 Part 6
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Sept. 5, 2008
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Sept. 5, 2008
RECAP
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71
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DECLARATION of Michael D. Sant'Ambrogio in Support re: 61 Memorandum of Law in Support, 70 Declaration in Support,. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Attachments: # 1 Part 8, # 2 Part 9)(Slack, Richard) (Entered: 09/05/2008)
2 Part 8
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3 Part 9
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Sept. 5, 2008
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Sept. 5, 2008
RECAP
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72
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MEMORANDUM AND ORDER: Reinstatements of Counts I and II having been denied, there is no adequate ground for reconsideration of the denial of preliminary injunction. Motion for reconsideration denied. (Signed by Judge Lawrence M. McKenna on 9/10/2008) (jfe) (Entered: 09/10/2008)
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Sept. 10, 2008
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Sept. 10, 2008
PACER
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73
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CLERK'S JUDGMENT That for the reasons stated in the Court's Memo Endorsed Order dated August 7, 2008, plaintiffs motions for a preliminary injunction and for class certification are denied; defendants motion for dismissal is granted under Fed. R. Civ. P. 12(b)(6) as to all claims in the complaint (without prejudice to the continued pursuit by the named plaintiffs and putative class members who have not yet been naturalized at their naturalization proceedings); defendants motion for remand is denied; and defendants motion for summary judgment (not reached) is denied as moot. (Signed by J. Michael McMahon, clerk on 9/11/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 09/11/2008)
2 notice of right to appeal
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Sept. 11, 2008
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Sept. 11, 2008
PACER
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74
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NOTICE OF APPEAL from 73 Clerk's Judgment. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. Filing fee $ 455.00, receipt number E 664036. (tp) (Entered: 09/25/2008)
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Sept. 24, 2008
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Sept. 24, 2008
PACER
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75
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TRANSCRIPT of proceedings (CORRECTED) held on 8/7/08 before Judge Lawrence M. McKenna. (ja) (Entered: 10/31/2008)
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Oct. 23, 2008
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Oct. 23, 2008
PACER
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76
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Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 74 Notice of Appeal, filed by Andres Giovanny Sanchez, Omar Miguel Farfan, Nancy Castro, Margoth Perez De Chalampa, Manuel Alberto, Martinez, Virginia Milanes USCA Case Number 08-47749, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 11/10/2008)
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Nov. 10, 2008
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Nov. 10, 2008
PACER
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77
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MANDATE of USCA (Certified Copy) as to 74 Notice of Appeal, filed by Andres Giovanny Sanchez, Omar Miguel Farfan, Nancy Castro, Margoth Perez De Chalampa, Manuel Alberto, Martinez, Virginia Milanes USCA Case Number 08-4749-cv. Ordered, Adjudged and Decreed that the judgments of the District Court is VACATED in part and the case is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 1/26/2010. (nd) (Entered: 01/29/2010)
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Jan. 29, 2010
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Jan. 29, 2010
PACER
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78
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Tomoko Onozawa dated 2/3/2010 re: The parties jointly respectfully request that the Court schedule the forthcoming status conference for a date convenient to the Court on or after March 15, 2010. ENDORSEMENT: Conference scheduled for 3/19/10 at 3:00 P.M. So ordered. (Signed by Judge Lawrence M. McKenna on 2/4/2010) (tve) (Entered: 02/04/2010)
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Feb. 4, 2010
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Feb. 4, 2010
PACER
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79
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Tomoko Onozawa dated 4/8/2010 re: The parties to the above-referenced matter jointly request an adjournment of the status conference scheduled for April 9, 2010. ENDORSEMENT: Conference adjourned to 4/28/10 at 3 p.m. So ordered. (Signed by Judge Lawrence M. McKenna on 4/9/2010) (tve) (Entered: 04/09/2010)
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April 9, 2010
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April 9, 2010
PACER
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80
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Tomoko Onozawa, Kirti Vaidya Reddy and Robert William Yalen dated 4/28/2010 re: The parties jointly request an adjournment of the status conference scheduled for 4/28/2010 at 3 p.m. ENDORSEMENT: Conference adjourned to 5/14/10 at 10:30 A.M. So ordered. (Signed by Judge Lawrence M. McKenna on 4/29/2010) (tve) Modified on 4/30/2010 (ae). (Entered: 04/29/2010)
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April 29, 2010
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April 29, 2010
PACER
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81
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ENDORSED LETTER: addressed to Judge Lawrence M. McKenna from Tomoko Onozawa dated 5/13/2010 re: The parties to the above referenced matter jointly request an adjournment of the status conference scheduled for tomorrow, May 14, 2010, at 10:30 a.m. ENDORSEMENT: Conference adjourned to 6/16/2010 at 4:00 p.m. So Ordered.) (Signed by Judge Lawrence M. McKenna on 5/14/2010) (js) Modified on 5/21/2010 (js). (Entered: 05/14/2010)
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May 14, 2010
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May 14, 2010
PACER
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82
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Kirti Vaidya Reddy dated 6/16/10 re: counsel requests an adjournment of the status conference scheduled for today, June 16, 2010 to July 29, 2010 at 3:00 p.m. ENDORSEMENT: So Ordered. ( Status Conference set for 7/29/2010 at 03:00 PM before Judge Lawrence M. McKenna.) (Signed by Judge Lawrence M. McKenna on 6/17/10) (djc) (Entered: 06/17/2010)
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June 17, 2010
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June 17, 2010
PACER
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83
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Tomoko Onozawa, Kirti Vaidy Reddy, Robert Willian Yalen dated 7/28/2010 re: The parties to the above-referenced matter jointly request a final adjournment of the status conference scheduled for tomorrow, July 29, 2010, at 3:00 p.m. This is the parties' sixth joint request for an adjournment of the status conference. The adjournment will permit plaintiffs to review and discuss the form and substance of proposed settlement documents drafted by the Government. ENDORSEMENT: Conference adjourned to 9/10/10 at 3:00 p.m. So Ordered. (Signed by Judge Lawrence M. McKenna on 7/30/2010) (rw) (Entered: 07/30/2010)
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July 30, 2010
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July 30, 2010
PACER
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84
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Kirti Vaidya Reddy dated 9/10/2010 re: Requesting an adjournment of the status conference scheduled for September 10, 2010. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 9/13/2010) (jpo) (Entered: 09/13/2010)
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Sept. 13, 2010
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Sept. 13, 2010
PACER
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85
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STIPULATION AND ORDER OF DISMISSAL that the action be, and hereby is, held in abeyance until 7/29/11. On 7/29/11, in the event that plaintiffs have not sought reinstatement of this action pursuant to paragraphs 22 through 27 of the Settlement Agreement, the action shall be dismissed with prejudice, and plaintiffs waive any rights they may have to further appeal in this Action. (Signed by Judge Lawrence M. McKenna on 9/20/10) (cd) (Entered: 09/20/2010)
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Sept. 20, 2010
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Sept. 20, 2010
PACER
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86
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MOTION for Jason Parkin to Withdraw as Attorney for Plaintiffs. Document filed by Manuel Alberto, Nancy Castro, Margoth Perez De Chalampa, Omar Miguel Farfan, Martinez, Virginia Milanes, Andres Giovanny Sanchez.(Parkin, Jason) (Entered: 09/23/2010)
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Sept. 23, 2010
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Sept. 23, 2010
PACER
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87
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DECLARATION of Jason Parkin in Support re: 86 MOTION for Jason Parkin to Withdraw as Attorney for Plaintiffs.. Document filed by Manuel Alberto, Nancy Castro, Margoth Perez De Chalampa, Omar Miguel Farfan, Martinez, Virginia Milanes, Andres Giovanny Sanchez. (Attachments: # 1 Exhibit A)(Parkin, Jason) (Entered: 09/23/2010)
1 Exhibit A
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Sept. 23, 2010
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Sept. 23, 2010
PACER
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88
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ORDER granting 86 Motion to Withdraw as Attorney. Attorney Jason David Parkin terminated. (Signed by Judge Lawrence M. McKenna on 9/24/10) (jmi) (Entered: 09/24/2010)
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Sept. 24, 2010
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Sept. 24, 2010
PACER
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89
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Kirti Vaidya Reddy dated 7/1/11 re: counsel for defendant writes respectfully to request dismissal of the above−referenced action. As USCIS has completed its reporting obligations pursuant to the terms of the Agreement of Settlement and Release and plaintiffs have not sought reinstatement, the action should be dismissed with prejudice. ENDORSEMENT: The above action is dismissed with prejudice as of 7/29/11. So Ordered. (Signed by Judge Lawrence M. McKenna on 7/11/11) (pl) (Entered: 07/11/2011)
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July 11, 2011
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July 11, 2011
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