Batalla Vidal, et al. v. Nielsen, et al.
| New York Eastern District Court | |
| Judge: | Nicholas G Garaufis |
| Referred: | Vera M Scanlon |
| Case #: | 1:16-cv-04756 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:551 Administrative Procedure Act |
| Case Filed: | Aug 25, 2016 |
| Last checked: Tuesday Feb 21, 2017 4:08 AM EST |
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Defendant
Susan M. Curda
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Defendant
Kelvin Medlock
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Defendant
Kathy A. Baran
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Defendant
Donald W. Neufeld
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Defendant
Leon Rodriguez
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Plaintiff
Martin Jonathan Batalla Vidal
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Plaintiff
Make the Road New York
301 Grove Street
New York, NY 11237 |
Represented By
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GPO
Oct 03 2017
ORDER re Defendants' Motion to Vacate in Part Magistrate Judge James Orenstein's Case Management and Scheduling Order: The Motion is GRANTED in part, as stated in the attached order. Defendants' time to submit a privilege log is extended to October 20, 2017. The court will address Defendants' remaining objections by separate order. Defendants are invited to file a reply, not to exceed five pages, to Plaintiffs' oppositions no later than October 10, 2017. Re (69) Motion to Vacate in Case 16-CV-4756-NGG-JO and (48) Motion to Vacate in Case 17-CV-5228-NGG-JO. Ordered by Judge Nicholas G. Garaufis on 10/3/2017. (Scott, Conrad) |
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GPO
Oct 19 2017
ORDER re: Motion to Stay in Case No. 1:16-cv-04756 (Dkt. 87) and Motion to Stay in Case No. 1:17-cv-05228 (Dkt. 64): The motion is denied for the reasons stated in the attached order. Ordered by Judge Nicholas G. Garaufis on 10/19/2017. (Scott, Conrad) |
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GPO
Nov 09 2017
o state a claim. So Ordered by Judge Nicholas G. Garaufis on 11/9/2017. (Lee, Tiffeny)MEMORANDUM & ORDER, For the reasons stated above. Defendants' motion to dismiss for lack of subject-matter jurisdiction (Dkt. 95) is GRANTED IN PART and DENIED IN PART. The following claims are dismissed: Batalla Vidal v. Duke, No. 16-CV-4756: Fourth claim for relief (Due Process Clause--Notice); New York v. Trump, No. 17-CV-5228: Second claim for relief (Due Process Clause--Information-Use Policy); Third claim for relief (Equitable Estoppel--Information-Use Policy); Seventh claim for relief (Due Process Clause--Notice). Defendants' motion to dismiss for lack of subject-matter jurisdiction is denied with respect to all other claims. The court RESERVES RULING on Defendants' motion to dismiss for failure t |
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GPO
Jan 08 2018
MEMORANDUM & ORDER, For the reasons stated above, Defendants' motion for the court to certify its November 9th M&O for interlocutory appeal pursuant to 28 U.S.C. § 1292(b) (Dkt. 219 in No. 16-CV-4756; Dkt 184 in No. 17-CV-5228) is GRANTED. Discovery and record supplementation in these cases are stayed pending the Second Circuit's decision on Defendants' anticipated interlocutory appeal. (See Dec. 27, 2017, USCA Order at 4.) So Ordered by Judge Nicholas G. Garaufis on 1/8/2018. (Lee, Tiffeny) |
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GPO
Feb 13 2018
MEMORANDUM & ORDER, Plaintiffs' motions for preliminary injunction (Dkt. 123 in No. 16-CV-4756; Dkt. 96 in No. 17-CV-5228) are GRANTED. The Batalla Vidal Plaintiffs' motion for class certification (Dkt. 124) is DENIED as moot. So Ordered by Judge Nicholas G. Garaufis on 2/13/2018. (Lee, Tiffeny) |
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GPO
Feb 13 2018
AMENDED MEMORANDUM & ORDER AND PRELIMINARY INJUNCTION. The Memorandum & Order filed earlier today is withdrawn. Ordered by Judge Nicholas G. Garaufis on 2/13/2018. (Scott, Conrad) |
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GPO
Mar 29 2018
MEMORANDUM & ORDER, For the reasons stated above, Defendants' motions to dismiss the Batalla Vidal Plaintiffs' third amended complaint and the State Plaintiffs' amended complaint (Dkt. 207 in No. 16-CV-4756; No. 71 in No. 17-CV-5228) are GRANTED IN PART and DENIED IN PART. The Batalla Vidal Plaintiffs' first, third, and fourth claims for relief are dismissed, and the second claim for relief is dismissed to the extent it alleges that Defendants weakened DHS's information-use policy. The sixth claim for relief is dismissed in part, as stated above. The State Plaintiffs' fifth and sixth claims for relief are dismissed. So Ordered by Judge Nicholas G. Garaufis on 3/29/2018. (Lee, Tiffeny) |
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GPO
Nov 14 2020
MEMORANDUM & ORDER: For the foregoing reasons, Plaintiffs' motion for summary judgment, insofar as it alleges that Defendant Mr. Wolf was not lawfully serving as Acting Secretary of Homeland Security under the HSA when he issued the Wolf Memorandum, is GRANTED and the Government's cross-motion is DENIED. Plaintiffs' motion for class certification in the Batalla Vidal matter is GRANTED. The parties are DIRECTED to immediately contact the court's Deputy to schedule a conference to advise of any forthcoming motions for relief in light of the court's decision. Ordered by Judge Nicholas G. Garaufis on 11/14/2020. (Marziliano, August) |
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GPO
Dec 04 2020
MEMORANDUM & ORDER granting 347 Motion for Partial Summary Judgment and directing further relief. So Ordered by Judge Nicholas G. Garaufis on 12/4/2020. (Lee, Tiffeny) |
| 1. | Lawsuit filed by 26 year old immigrant challenging Trump administration's decision to end DACA (cnbc.com) |
| Submitted Wed 09/06/2017 | |
| Docket last updated: 10 hours ago |
| Monday, March 11, 2024 | ||
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order
Order on Motion to Withdraw as Attorney
Mon 03/11 4:44 PM
ORDER granting397 Motion to Withdraw as Attorney. Attorney Chiraayu Gosrani terminated. Ordered by Magistrate Judge Vera M. Scanlon on 3/11/2024. (CC) |
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