1
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COMPLAINT Summons Issued against John Ashcroft, Bureau of Immigration and Customs Enforcement, Department of Justice, Federal Bureau of Investigation, Michael Garcia, Robert Mueller, Tom Ridge, United States Department of Homeland Security filing fee $ 150, receipt number 287278, filed by American-Arab Anti-Discrimination Committee, Latin American Workers Project, National Council of La Raza, New York Immigration Coalition, Unite. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 12/17/2003)
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Dec. 17, 2003
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Dec. 17, 2003
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2
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SUMMONS Returned Executed by National Council of La Raza. John Ashcroft ; Bureau of Immigration and Customs Enforcement ; Department of Justice ; Federal Bureau of Investigation ; Michael Garcia ; Robert Mueller ; Tom Ridge ; United States Department of Homeland Security served on 12/19/2003, answer due 1/8/2004. (Rodriguez, Angela) (Entered: 02/02/2004)
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Dec. 29, 2003
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Dec. 29, 2003
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3
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Letter from F. Franklin Amanat, Assistant United States Attorney, to Judge Glasser Regarding government's request for extension of time until April 19, 2004, to answer or otherwise move with respect to the complaint,. (Amanat, F.) (Entered: 02/25/2004)
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Feb. 25, 2004
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Feb. 25, 2004
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4
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Letter from Anil Kalhan to Judge Glasser Regarding And In Response To Government Counsel's Letter Of February 27, 2004, Dated March 1, 2004. (Boccuzzi, Carmine) (Entered: 03/01/2004)
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March 1, 2004
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March 1, 2004
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5
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ORDER endorsed on hard copy of doc. #3. Request for extension of time to 4/19/04 to answer is granted. Signed by Judge I. Leo Glasser on 3/1/04. (Rodriguez, Angela) (Entered: 03/02/2004)
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March 1, 2004
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March 1, 2004
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6
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Notice of MOTION to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon Which Relief May Be Granted, by John Ashcroft, Bureau of Immigration and Customs Enforcement, Department of Justice, Federal Bureau of Investigation, Michael Garcia, Robert Mueller, Tom Ridge, United States Department of Homeland Security. (Amanat, F.) (Entered: 04/26/2004)
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April 26, 2004
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April 26, 2004
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7
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MEMORANDUM in Support re 6 Notice of MOTION to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon Which Relief May Be Granted, by John Ashcroft, Bureau of Immigration and Customs Enforcement, Department of Justice, Federal Bureau of Investigation, Michael Garcia, Robert Mueller, Tom Ridge, United States Department of Homeland Security. (Amanat, F.) (Entered: 04/26/2004)
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April 26, 2004
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April 26, 2004
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8
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Minute Entry for proceedings held before I. Leo Glasser : for a Civil Conference held on 5/11/2004. The defendant has made a motion to dismiss, but there are no papers in opposition. Scheduling is discussed. Plaintiff to respond to motion by 6/11/04; Defendant to respond by 7/2/04. Hearing on motion to be held on 7/19/04 at 10:00 a.m. (Sica, Michele) (Entered: 05/19/2004)
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May 11, 2004
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May 11, 2004
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9
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NOTICE of Change of Address by Carmine Daniel Boccuzzi on Behalf of Washington Square Legal Services, Inc., Dated June 1, 2004 (Boccuzzi, Carmine) (Entered: 06/02/2004)
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June 2, 2004
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June 2, 2004
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10
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CERTIFICATE OF SERVICE by American-Arab Anti-Discrimination Committee, Latin American Workers Project, National Council of La Raza, New York Immigration Coalition, Unite re 9 Notice of Change of Address , Of Janet Ford, Dated June 3, 2004 (Boccuzzi, Carmine) (Entered: 06/07/2004)
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June 7, 2004
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June 7, 2004
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11
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Letter from Anil Kalhan, Dated June 8, 2004 to Judge Glasser Regarding Request For An Extention Of Time To Serve Brief In Opposition To The Defendants' Motion To Dismiss. (Boccuzzi, Carmine) (Entered: 06/08/2004)
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June 8, 2004
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June 8, 2004
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12
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Letter dtd 06/01/04 from Michael J. Wishnie to Mr. Heinemann, informing the court that the office of Washington Square Legal Services, Inc. Has relocated. (Sica, Michele) (Entered: 06/09/2004)
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June 9, 2004
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June 9, 2004
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ENDORSED ORDER, The request for an extention of time to serve the brief in opposition to the defendant's motion is GRANTED. Oral argument is hereby scheduled for 10:00 a.m., July 29, 2004. (see ltr dtd 6/8/04) . Signed by Judge I. Leo Glasser on 6/8/04. (Sica, Michele) (Entered: 06/10/2004)
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June 10, 2004
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June 10, 2004
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13
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RESPONSE in Opposition re 6 Notice of MOTION to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon Which Relief May Be Granted, Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss, filed by American-Arab Anti-Discrimination Committee, Latin American Workers Project, National Council of La Raza, New York Immigration Coalition, Unite. (Boccuzzi, Carmine) (Entered: 06/18/2004)
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June 18, 2004
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June 18, 2004
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14
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CERTIFICATE OF SERVICE by American-Arab Anti-Discrimination Committee, Latin American Workers Project, National Council of La Raza, New York Immigration Coalition, Unite re 13 Response in Opposition to Motion, / Of Richard V. Conza Dated, June 21, 2004, (Boccuzzi, Carmine) (Entered: 06/21/2004)
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June 21, 2004
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June 21, 2004
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15
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Letter dtd 6/22/04 from Baher Azmy to Clerk of the Court, informing the Court that the National Latino Officers and the National Black Police, who wish to participate as amici curiae. (Diskette enclosed) (Sica, Michele) (Entered: 06/30/2004) Hall University to appear as Amici Curiae in this action. Should the assistant U.S> Attorney wish to submit a formal response setting forth his objections, He should do so before 7/15/04. If such a response is filed, the movant may reply before 7/22/04. The Court will consider the motion on submission absent a request by either party to be heard, in which event, it would be heard at 10:00 a.m. 7/29/04. ( Order scanned) . Signed by Judge I. Leo Glasser on 6/29/04. (Sica, Michele) (Entered: 07/01/2004)
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June 25, 2004
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June 25, 2004
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17
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Letter dated 6/18/04 from Baher Azmy, counsel for National Latino Officers Association and the National Black Police Association, to EDNY Clerk, wishing to participate in this action as amici curiae. Enclosed are two discs for e filing. (Vaughn, Terry) (Entered: 07/06/2004)
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July 6, 2004
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July 6, 2004
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18
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NOTICE of MOTION by National Black Police Association, National Latino Officers Association to participate as Amici curiae. (Vaughn, Terry) (Entered: 07/06/2004)
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July 6, 2004
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July 6, 2004
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19
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BRIEF in Support of Plaintiffs and urging the Court to deny the Govt.'s motion to dismiss the complaint, filed by Amici Curiae National Black Police Association, National Latino Officers Association. (Vaughn, Terry) (Entered: 07/06/2004)
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July 6, 2004
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July 6, 2004
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20
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Letter from F. Franklin Amanat, Assistant U.S. Attorney EDNY to Judge Glasser Regarding request for extension of time until July 19, 2004, to file reply brief in support of defendants' motion to dismiss the complaint. (Amanat, F.) (Entered: 07/08/2004)
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July 8, 2004
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July 8, 2004
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21
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Letter from F. Franklin Amanat, Assistant United States Attorney, Eastern District of New York to Judge Glasser Regarding request for three-day extension of time (to Thursday July 22, 2004) to file reply brief in support of defendants' motion to dismiss. (Amanat, F.) (Entered: 07/16/2004)
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July 16, 2004
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July 16, 2004
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22
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REPLY to Response to Motion re 6 Notice of MOTION to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon Which Relief May Be Granted, filed by John Ashcroft, Bureau of Immigration and Customs Enforcement, Department of Justice, Federal Bureau of Investigation, Michael Garcia, Robert Mueller, Tom Ridge, United States Department of Homeland Security. (Amanat, F.) (Entered: 07/22/2004)
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July 22, 2004
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July 22, 2004
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23
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ORDER ENDORSED on letter dtd 7/16/04, signed by Judge I. Leo Glasser on 7/20/2004,from F.Franklin Amanat, Assistant U. S. Attorney, granting request to file brief until 7/22/04 and scheduling oral argument for 9/10/04 at 10 am.(order signed by Judge I. Leo Glasser on 7/20/04.)(Schillat, Louise) (Entered: 07/23/2004)
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July 23, 2004
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July 23, 2004
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24
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Letter dtd. 7/8/04 from AUSA F. Franklin Amanat to Judge Glasser, advising w/pltff's consent, deft requests a one-week extension of time to 7/19/04, in which to complete their reply brief. (Layne, Monique) (Entered: 07/29/2004)
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July 29, 2004
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July 29, 2004
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25
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Letter from Michael J. Wishnie to Judge I. Leo Glasser Regarding Citations from oral argument. (Wishnie, Michael) (Entered: 10/14/2004)
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Oct. 14, 2004
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Oct. 14, 2004
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26
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Letter dtd 3/1/04 from Anil Kalhan to Judge Glasser, Motion to dismiss filed 4/26/05; Pl. 45 days 6/11/05; reply 3 weeks 7/2/05. (Sica, Michele) (Entered: 10/15/2004)
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Oct. 15, 2004
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Oct. 15, 2004
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28
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NOTICE by Unite, National Council of La Raza, New York Immigration Coalition, American-Arab Anti-Discrimination Committee, Latin American Workers Project /Notice of Change of Firm Name and Legal Status, dated January 7, 2005 (Boccuzzi, Carmine) (Entered: 01/12/2005)
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Jan. 12, 2005
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Jan. 12, 2005
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Case reassigned to Judge Steven M. Gold. Judge A. Simon Chrein no longer assigned to the case. (Villanueva, William) (Entered: 04/11/2005)
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April 11, 2005
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April 11, 2005
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29
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Letter regarding additional legal authority by National Council of La Raza. (Wishnie, Michael) (Entered: 02/15/2006)
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Feb. 15, 2006
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Feb. 15, 2006
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30
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MOTION for Extension of Time to File Response/Reply as to 29 Letter , seeking extension of time until March 10, 2006, to respond to plaintiffs' February 15, 2006, letter purporting to inform the Court of "additional legal authority" in opposition to the motion to dismiss the complaint. Motion made on consent of the plaintiffs by all defendants. (Amanat, F.) (Entered: 02/17/2006)
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Feb. 17, 2006
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Feb. 17, 2006
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31
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ORDER granting 30 Motion for Extension of Time to File Response/Reply. ( Ordered by JudgeI. Leo Glasser on 2/17/05 ) (Guzzi, Roseann) (Entered: 02/23/2006)
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Feb. 23, 2006
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Feb. 23, 2006
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32
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SEALED DOCUMENT PLACED IN VAULT. (Sica, Michele) (Entered: 03/13/2006)
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March 10, 2006
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March 10, 2006
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33
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ORDER TO SHOW CAUSE. Ordered by Judge I. Leo Glasser on 03/17/06. (Chiodo, Marie) (Entered: 03/17/2006)
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March 17, 2006
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March 17, 2006
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34
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RESPONSE in Support re 6 Notice of MOTION to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon Which Relief May Be Granted, by way of Letter from F. Franklin Amanat, AUSA- EDNY, to Hon. I. Leo Glasser, in Response to 29 Plaintiffs' Letter to Judge Glasser Dated February 15, 2005, filed by all defendants. (Attachments: # 1 2002 Memorandum from the Office of Legal Counsel to the Attorney General (Redacted))(Amanat, F.) (Entered: 03/17/2006)
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March 17, 2006
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March 17, 2006
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36
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Letter DTD 3/17/06 To Judge Glasser From Carmine Boccuzzi objecting to the defendant's filing their 3-10-06 submission under seal. (Sica, Michele) (Entered: 03/22/2006)
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March 22, 2006
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March 22, 2006
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37
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Letter advising court of new legal authority by American-Arab Anti- Discrimination Committee. (Wishnie, Michael) (Entered: 05/10/2006)
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May 10, 2006
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May 10, 2006
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38
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Letter from F. Franklin Amanat, AUSA, to Hon. I. Leo Glasser, in Response to 37 Letter from plaintiffs dated May 10, 2006, by John Ashcroft, Tom Ridge, Robert Mueller, Michael Garcia, Department of Justice, United States Department of Homeland Security, Federal Bureau of Investigation, Bureau of Immigration and Customs Enforcement. (Attachments: # 1 Encl. 1: ? Respondent?s Supplemental Memorandum of Law in Support of Its Motion to Reconsider or in the Alternative to Stay the Execution of the Judgment, Doe v. ICE, No. M-54 (HB) (S.D.N.Y. filed January 18, 2006)# 2 Encl. 2: ? Respondent?s Memorandum of Law in Response to the Supplemental Brief of Amicus Curiae, Doe v. ICE, No. M-54 (HB) (S.D.N.Y. filed Feb. 10, 2006))(Amanat, F.) (Entered: 05/17/2006)
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May 17, 2006
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May 17, 2006
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39
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NOTICE of Change of firm, address, and email of plaintiffs' counsel by Michael J. Wishnie (Wishnie, Michael) (Entered: 06/23/2006)
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June 23, 2006
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June 23, 2006
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40
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ORDER granting 6 Motion to Dismiss for lack of subject matter jurisdiction. Ordered by Judge I. Leo Glasser on 1/5/2007. (Dillon, James)
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Jan. 5, 2007
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Jan. 5, 2007
RECAP
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41
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CLERK'S JUDGMENT, Ordered and Adjudged that plaintiff take nothing of the defendants; and that the motion to dismiss for lack of subject matter jurisdiction is GRANTED. Ordered by Judge Clerk of Court on 1/9/07. (Sica, Michele) (Entered: 01/10/2007)
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Jan. 10, 2007
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Jan. 10, 2007
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42
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NOTICE OF APPEAL as to 40 Order on Motion to Dismiss, 41 Clerk's Judgment by Unite, National Council of La Raza, New York Immigration Coalition, American-Arab Anti-Discrimination Committee, Latin American Workers Project. Filing fee $ 455, receipt number 2261232.Appeal Record due by 3/9/2007. (Wishnie, Michael) (Entered: 03/02/2007)
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March 2, 2007
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March 2, 2007
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Electronic Index to Record on Appeal sent to US Court of Appeals. For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. 13 Response in Opposition to Motion, 7 Memorandum in Support, 14 Certificate of Service, 11 Letter, 29 Letter, 35 Letter,, 33 Order to Show Cause, 4 Letter, 16 Order,, 36 Letter, 40 Order on Motion to Dismiss, 1 Complaint, 6 Motion to Dismiss, 42 Notice of Appeal, 20 Letter, 34 Response in Support of Motion, 30 Motion for Extension of Time to File Response/Reply, 10 Certificate of Service, 3 Letter, 28 Notice (Other), Notice (Other), 37 Letter, 19 Memorandum in Support, 9 NOTICE of Change of Address/Firm/Email, 25 Letter, 26 Letter, 18 Notice (Other), 38 Letter,, 39 NOTICE of Change of Address/Firm/Email, 31 Order on Motion for Extension of Time to File Response/Reply, 21 Letter, 27 Motion Hearing,, 22 Reply to Response to Motion, [32] Letter, 41 Clerk's Judgment (Gonzalez, Mary) (Entered: 03/05/2007)
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March 5, 2007
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March 5, 2007
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43
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First Supplemental INDEX on Appeal transmitted to US Court of Appeals re 42 Notice of Appeal. USCA#07-0816-cv. (McGee, Mary Ann) (Entered: 06/14/2007)
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June 8, 2007
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June 8, 2007
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44
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Acknowledgment 1st SUPPLEMENTAL from USCA received re: 42 Appeal. Acknowledgment dated 6/20/07. Unable to read signture. USCA#07/0816-cv. (Drayton, Lorraine) (Entered: 06/22/2007)
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June 22, 2007
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June 22, 2007
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