Wisconsin Western District Court
Judge:William M Conley
Referred: Stephen L Crocker
Case #: 3:17-cv-00112
Nature of Suit440 Civil Rights - Other Civil Rights
Cause05:7703 Discrimination - Review of Agency Act
Case Filed:Feb 13, 2017
Last checked: Tuesday Feb 14, 2017 2:35 AM CST
Defendant
John F. Kelly
Defendant
Lori Scialabba
Defendant
The Department of Homeland Security
Defendant
The United States of America
Represented By
Leslie K. Herje
U.S. Attorney'S Office
contact info
Defendant
Rex W. Tillerson
Defendant
Donald J. Trump
Defendant
U.S. Citizenship and Immigration Services
Defendant
U.S. Department of State
Plaintiff
John Doe
Represented By
Andrei Vrabie
Holwell Shuster & Goldberg LLP
contact info
Matthew Noller
Holwell Shuster & Goldberg LLP
contact info
Andrew Breidenbach
Holwell Shuster & Goldberg LLP
contact info
Lauren Nicole Giudice
Holwell Shuster & Goldberg LLP
contact info
Vincent Levy
Holwell Shuster & Goldberg LLP
contact info

Docket last updated: 3 hours ago
Monday, March 20, 2017
46 46 motion Leave to File Document Mon 1:58 PM
Motion for Leave to File Amicus Curiae Brief by Professor Victor Williams. (voc)
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Att: 1 Brief Raising Political Nonjusticiability Amicus Curiae
Att: 2 Cover Letter
45 45 order Order on Motion to Reschedule Hearing Mon 8:56 AM
** TEXT ONLY ORDER ** The44 Joint Motion to Reschedule Hearing on Plaintiff's Pending Preliminary Injunction Motion and Preserve the Current TRO is GRANTED. Shortly, the court will reschedule the hearing for sometime the week of April 10th. Signed by District Judge William M. Conley on 3/20/2017. (jls) Modified on 3/20/2017 (voc)
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utility Set Motion and R&R Deadlines/Hearings Mon 9:37 AM
Reset Briefing Deadlines as to Plaintiff's29 Motion for Temporary Restraining Order and Preliminary Injunction . Plaintiff's Brief in Reply due 4/5/2017. (jef/bw: dkt. 45)
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utility Set P/I or TRO Motion Deadlines/Hearings Mon 12:44 PM
Set Injunctive Hearing as to29 Motion for Temporary Restraining Order and Preliminary Injunction .[LINK:Procedure to be followed on Motions for Injunctive Relief] attached. Injunctive Hearing set for 4/11/2017 at 01:00 PM in courtroom 250. (voc)
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Friday, March 17, 2017
44 44 motion Stipulation Fri 4:17 PM
Joint Stipulation to Reschedule hearing on Plaintiff's pending preliminary injunction motion and preserve the current TRO by Plaintiff John Doe. (Vrabie, Andrei)
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43 43 notice Notice of Appearance Fri 12:43 PM
Notice of Appearance filed by Gisela Westwater for Defendants John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State. (Westwater, Gisela)
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42 42 respm Declaration Fri 12:36 PM
Declaration of USCIS Officer Roman Ginzburg filed by Defendants John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State re:29 Motion for TRO. (lak)
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41 41 misc Declaration (not related to a motion) Fri 11:58 AM
Disregard. Was linked to the brief instead of the pending motion. See42 . Modified on 3/17/2017. (lak)
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Thursday, March 16, 2017
40 40 respm Brief in Opposition Thu 11:57 PM
Brief in Opposition by Defendants John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State re:29 Motion for TRO filed by John Doe (Davila, Yamileth)
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Att: 1 Exhibit Memo,
Att: 2 Exhibit Declaration
Monday, March 13, 2017
39 39 respm Declaration Mon 2:08 PM
Redaction to38 Second Declaration of John Doe filed by Plaintiff John Doe, (Vrabie, Andrei) Modified on 3/13/2017: E-mail to counsel regarding filing redacted documents. (lak)
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Att: 1 Exhibit A: Documentation Memorializing Initial Asylum Interview with U.S. Border Officials, dated March 24, 2014,
Att: 2 Exhibit B: Hearing Asylum Interview with USCIS Asylum Officer, dated March 25, 2014,
Att: 3 Exhibit C: USCIS Determination of Basis for Asylum, dated March 27, 2014,
Att: 4 Exhibit D: Initial Application for Asylum and Withdrawal for Removal, filed April 16, 2014,
Att: 5 Exhibit E: Denial for Request for Expedited Processing of Application for Asylum, issued March 12, 2015,
Att: 6 Exhibit F: Excerpts of Application for Humanitarian Parole, dated Aug. 11, 2015,
Att: 7 Exhibit G: Amended Application for Asylum and Withholding for Removal, filed Oct. 6, 2015,
Att: 8 Exhibit H: U.S. Immigration Court Ruling, dated May 27, 2016,
Att: 9 Exhibit I: Refugee/Asylee Relative Petition, dated July 5, 2016
38 38 respm Declaration Mon 2:02 PM
Second Declaration of John Doe filed by Plaintiff John Doe re:29 Motion for TRO ( Sealed Document ) (Vrabie, Andrei)
Related: [-]
Att: 1 Exhibit A: Documentation Memorializing Initial Asylum Interview with U.S. Border Officials, dated March 24, 2014,
Att: 2 Exhibit B: Hearing Asylum Interview with USCIS Asylum Officer, dated March 25, 2014,
Att: 3 Exhibit C: USCIS Determination of Basis for Asylum, dated March 27, 2014,
Att: 4 Exhibit D: Initial Application for Asylum and Withdrawal for Removal, filed April 16, 2014,
Att: 5 Exhibit E: Denial for Request for Expedited Processing of Application for Asylum, issued March 12, 2015,
Att: 6 Exhibit F: Excerpts of Application for Humanitarian Parole, dated Aug. 11, 2015,
Att: 7 Exhibit G: Amended Application for Asylum and Withholding for Removal, filed Oct. 6, 2015,
Att: 8 Exhibit H: U.S. Immigration Court Ruling, dated May 27, 2016,
Att: 9 Exhibit I: Refugee/Asylee Relative Petition, dated July 5, 2016
37 37 respm Declaration Mon 10:21 AM
Second Declaration of Andrew B. Breidenbach filed by Plaintiff John Doe re:29 Motion for TRO (Vrabie, Andrei)
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36 36 order Order on Motion to Seal Mon 8:06 AM
** TEXT ONLY ORDER ** ORDER granting35 Motion to Seal. Signed by Magistrate Judge Stephen L. Crocker on 3/13/2017. (voc)
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utility Set Motion and R&R Deadlines/Hearings Mon 8:29 AM
Set Briefing Deadlines as to29 Motion for Temporary Restraining Order and Preliminary Injunction . Brief in Opposition due 3/16/2017. Brief in Reply due 3/20/2017. Motion Hearing set for 3/21/2017 at 03:00 PM. (voc)
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Friday, March 10, 2017
35 35 motion Seal Fri 5:23 PM
Motion to Seal by Plaintiff John Doe. Motions referred to Magistrate Judge Stephen L. Crocker. (Vrabie, Andrei)
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34 34 order Order on Motion for TRO Fri 5:15 PM
ORDER granting motion for temporary restraining order and reserving on motion for preliminary injunction. (Dkt. #29.) Defendants' response to plaintiff's motion is due by March 16, 2017. Plaintiff's reply is due by noon on March 20, 2017. The court will hold an in person hearing on March 21, 2017, at 3:00 p.m. Signed by District Judge William M. Conley on 3/10/2017. (bgw)
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33 33 respm Declaration Fri 5:09 PM
Declaration of John Doe filed by Plaintiff John Doe re:29 Motion for TRO (Vrabie, Andrei)
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32 32 respm Declaration Fri 4:43 PM
Second Declaration of Andrew B. Breidenbach filed by Plaintiff John Doe re:29 Motion for TRO (Vrabie, Andrei)
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Att: 1 Exhibit FF. Revised Executive Order, dated March 6, 2017,
Att: 2 Exhibit GG. Tweet by President Trump, dated January 30, 2017,
Att: 3 Exhibit HH. CNN Politics article by K. Liptak, dated February 9, 2017,
Att: 4 Exhibit II. Salon article by T. Link, dated February 22, 2017,
Att: 5 Exhibit JJ. DHS Memo, titled "Citizenship Likely an Unreliable Indicator of Terrorist Threat to the United States",
Att: 6 Exhibit KK. DHS Intelligence Assessment, dated March 2017,
Att: 7 Exhibit LL. CNN Politics article by L. Jarrett, A. de Vogue, and J. Diamond, dated March 1, 2017,
Att: 8 Exhibit MM. Washington Post article by G. Sargent, dated March 3, 2017,
Att: 9 Exhibit NN. Washington Post article by P. Rucker, R. Costa and A. Parker, dated March 5, 2017,
Att: 10 Exhibit OO. Vox article by M. Yglesias, dated March 6, 2017,
Att: 11 Exhibit PP. Politico article by E. Schor and K. Cheney, dated March 6, 2017,
Att: 12 Exhibit QQ. Slate article by M. Joseph Stern, dated March 6, 2017,
Att: 13 Exhibit RR. DHS Q&A on Revised Executive Order, dated March 6, 2017,
Att: 14 Exhibit SS. DHS Fact Sheet on Revised Executive Order, dated March 6, 2017,
Att: 15 Exhibit TT. Foreign Affairs Manual, Casework for Follow-to-Join Asylees and Refugees,
Att: 16 Exhibit UU. Correspondence with Defendants' Counsel
31 31 respm Proposed Findings of Fact Fri 4:16 PM
Proposed Findings of Fact filed by Plaintiff John Doe re:29 Motion for TRO and Preliminary Injunction (Vrabie, Andrei)
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30 30 respm Brief in Support Fri 4:15 PM
Brief in Support of29 Motion for TRO and Preliminary Injunction by Plaintiff John Doe (Vrabie, Andrei)
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29 29 motion Temporary Restraining Order Fri 4:12 PM
Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff John Doe. (Vrabie, Andrei)
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28 28 notice Notice (Other) Fri 2:31 PM
Notice by Plaintiff John Doe for Temporary Restraining Order and Preliminary Injunction . (Vrabie, Andrei)
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27 27 cmp Amended Complaint Fri 2:24 PM
AMENDED COMPLAINT against All Defendants, filed by John Doe. (Vrabie, Andrei) Modified on 3/10/2017. (lak)
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utility Set Pretrial or Status Conference Fri 4:09 PM
Set Telephone Status Conference: Telephone Status Conference set for Friday, March 10, 2017 at 4:30 PM CST before District Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5087. (arw)
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Friday, February 17, 2017
26 26 notice Notice of Appearance Fri 5:51 PM
Notice of Appearance of Sarah Sternlieb filed by Sarah Michelle Sternlieb for Plaintiff John Doe. (Sternlieb, Sarah)
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25 25 order Order on Motion for Preliminary Injunction Fri 2:44 PM
ORDER denying as moot8 Motion for Preliminary Injunction and setting a telephonic status conference for March 22, 2017 at 3:00 PM. Signed by District Judge William M. Conley on 2/17/2017. (jls)
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24 24 notice Notice of Appearance Fri 2:34 PM
Notice of Appearance Sarah Sternlieb filed by Andrei Vrabie for Plaintiff John Doe. (Vrabie, Andrei)
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23 23 respm Response to Order Fri 11:57 AM
Response re:14 Order on Motion for Miscellaneous Relief by Defendants John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State, (Davila, Yamileth) Modified on 2/17/2017: Added exhibit description. E-mail to counsel. (lak)
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Att: 1 Exhibit 1 - Nationwide Injunction on Executive Order
utility Set Deadlines/Hearings Fri 2:46 PM
Set Hearing: Telephonic Status Conference set for 3/22/2017 at 03:00 PM before Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5087. (jls)
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minutes Telephone Conference - Impromptu Fri 3:44 PM
Minute Entry for proceedings held before District Judge William M. Conley: Telephone Conference held on 2/17/2017 [:15] (mfh)
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Thursday, February 16, 2017
22 22 notice Notice of Appearance Thu 3:15 PM
Notice of Appearance filed by Magdalene Alison TenBruggencate for Plaintiff John Doe. (TenBruggencate, Magdalene)
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Wednesday, February 15, 2017
21 21 misc Affidavit (not related to a motion) Wed 6:17 PM
Affidavit of Service of Korby Dunning . (Vrabie, Andrei)
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20 20 misc Affidavit (not related to a motion) Wed 6:14 PM
Affidavit of Anthony Hatem re: Service . (Vrabie, Andrei)
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19 19 notice Notice of Appearance Wed 3:46 PM
Notice of Appearance of Counsel filed by Yamileth G. Davila for Defendants John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State. (Davila, Yamileth)
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18 18 notice Notice of Appearance Wed 11:23 AM
Notice of Appearance filed by Tamara Beth Packard for Plaintiff John Doe. (Packard, Tamara)
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17 17 notice Notice of Appearance Wed 10:54 AM
Notice of Appearance filed by Lester A. Pines for Plaintiff John Doe. (Pines, Lester)
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Tuesday, February 14, 2017
16 16 respm Affidavit Tue 5:38 PM
Affidavit of David Overlin filed by Plaintiff John Doe (affidavit of service) re:8 Motion for Preliminary Injunction (Vrabie, Andrei)
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15 15 service Affidavit of Service as to USA Tue 5:30 PM
Affidavit of Service by Plaintiff. John F. Kelly served on 2/13/2017, answer due 4/14/2017; Lori Scialabba served on 2/13/2017, answer due 4/14/2017; The Department of Homeland Security served on 2/13/2017, answer due 4/14/2017; The United States of America served on 2/13/2017, answer due 4/14/2017; Rex W. Tillerson served on 2/13/2017, answer due 4/14/2017; Donald J. Trump served on 2/13/2017, answer due 4/14/2017; U.S. Citizenship and Immigration Services served on 2/13/2017, answer due 4/14/2017; U.S. Department of State served on 2/13/2017, answer due 4/14/2017. (Vrabie, Andrei)
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14 14 order Order on Motion for Miscellaneous Relief Tue 3:18 PM
ORDER re:8 Motion for Preliminary Injunction; Order granting2 Motion for Leave to Proceed Anonymously. Signed by District Judge William M. Conley on 2/14/2017. (voc)
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13 13 respm Declaration Tue 10:47 AM
Declaration of Andrew B. Breidenbach filed by Plaintiff John Doe re:8 Motion for Preliminary Injunction (Vrabie, Andrei)
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Att: 1 Exhibit A: Press Release issued by Candidate Trump, dated Dec. 7, 2015,
Att: 2 Exhibit B: Washington Post Article by J. Johnson and S. Sullivan, dated Dec. 8, 2015,
Att: 3 Exhibit C: Transcript of Interview of Candidate Trump by A. Cooper, dated March 9, 2016,
Att: 4 Exhibit D: Transcript of GOP Primary Debate on March 10, 2016,
Att: 5 Exhibit E: WP Rhode Island Article by T. Nesi and S. Machado, dated April 25, 2016,
Att: 6 Exhibit F: Press Release issued by Candidate Trump, dated June 13, 2016,
Att: 7 Exhibit G: Politico Article by B. Schreckinger, dated June 14, 2016,
Att: 8 Exhibit H: Transcript of Interview of Candidate Trump by C. Todd, dated July 24, 2016,
Att: 9 Exhibit I: Time Article with Transcript of Foreign Policy Speech by Candidate Trump, dated Aug. 15, 2016,
Att: 10 Exhibit J: Report by Congressional Research Service, dated Jan. 23, 2017,
Att: 11 Exhibit K: Cato Institute Blog Article by A. Nowrasteh, dated Jan. 25, 2017,
Att: 12 Exhibit L: Transcript of First Television Interview of President Trump, dated Jan. 26, 2017,
Att: 13 Exhibit M: Christian Broadcasting Network Article by D. Brody, dated Jan. 27, 2017,
Att: 14 Exhibit N: Executive Order 13769, dated Jan. 27, 2017,
Att: 15 Exhibit O: CNN Article by D. Merica, dated Jan. 30, 2017,
Att: 16 Exhibit P: Foreign Policy Article by K. Surana and M. O'Toole, dated Jan. 27, 2017,
Att: 17 Exhibit Q: Washington Post Article by A. Wang, dated Jan. 29, 2017,
Att: 18 Exhibit R: Public Radio International Article by A. Leff, dated Jan. 29, 2017,
Att: 19 Exhibit S: Atlantic Article by U. Friedman, dated Jan. 30, 2017,
Att: 20 Exhibit T: CNN Article by J. Diamond, dated Jan. 30, 2017,
Att: 21 Exhibit U: New York Times Article with Letter by then-Acting US Attorney General S. Yates, dated Jan. 30, 2017,
Att: 22 Exhibit V: Memorandum to USCIS Employees by L. Scialabba, dated Feb. 2, 2017,
Att: 23 Exhibit W: Q&A for Border Patrol on Executive Order 13769, dated Feb. 2, 2017,
Att: 24 Exhibit X: Joint Declaration in Washington v. Trump by M. Albright et al., dated Feb. 6, 2017,
Att: 25 Exhibit Y: H.R. Rep. No. 89-745 (1965),
Att: 26 Exhibit Z: S. Rep. No. 89-748 (1965),
Att: 27 Exhibit AA: President L.B. Johnson's Remarks at Liberty Island on Oct. 3, 1965,
Att: 28 Exhibit BB: DHS Report on Refugees and Asylees (2005),
Att: 29 Exhibit CC: Final Act of 1951 UN Conference on Status of Refugees, dated July 25, 1951,
Att: 30 Exhibit DD: DHS Webpage on Refugee Processing and Security Screening, dated Dec. 3, 2015,
Att: 31 Exhibit EE: Transcript of Candidate Trump and M. Pence on 60 Minutes, dated July 17, 2016
Monday, February 13, 2017
12 12 respm Proposed Findings of Fact Mon 7:23 PM
Proposed Findings of Fact filed by Plaintiff John Doe re:8 Motion for Preliminary Injunction (Vrabie, Andrei)
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11 11 respm Affidavit Mon 7:21 PM
Affidavit of John Doe filed by Plaintiff John Doe submitted re:8 Motion for Preliminary Injunction (Vrabie, Andrei)
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10 10 respm Declaration Mon 7:18 PM
Declaration of Andrew B. Breidenbach filed by Plaintiff John Doe re:8 Motion for Preliminary Injunction (Vrabie, Andrei)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Exhibit F,
Att: 7 Exhibit G,
Att: 8 Exhibit H,
Att: 9 Exhibit I,
Att: 10 Exhibit J,
Att: 11 Exhibit K,
Att: 12 Exhibit L,
Att: 13 Exhibit M,
Att: 14 Exhibit N,
Att: 15 Exhibit O,
Att: 16 Exhibit P,
Att: 17 Exhibit Q,
Att: 18 Exhibit R,
Att: 19 Exhibit S,
Att: 20 Exhibit T,
Att: 21 Exhibit U,
Att: 22 Exhibit V,
Att: 23 Exhibit W,
Att: 24 Exhibit X,
Att: 25 Exhibit Y,
Att: 26 Exhibit Z,
Att: 27 Exhibit AA,
Att: 28 Exhibit BB,
Att: 29 Exhibit CC,
Att: 30 Exhibit DD,
Att: 31 Exhibit EE
9 9 respm Brief in Support Mon 5:44 PM
Brief in Support of8 Motion for Preliminary Injunction submitted by Plaintiff John Doe (Vrabie, Andrei)
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8 8 motion Preliminary Injunction Mon 5:39 PM
MOTION FOR PRELIMINARY INJUNCTION submitted by Plaintiff John Doe. (Vrabie, Andrei)
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Att: 1 Text of Proposed Order
7 7 service Summons Issued Mon 3:12 PM
Summons Issued as to John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State. (voc)
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Att: 1 Summons John F. Kelly,
Att: 2 Summons The Department of Homeland Security,
Att: 3 Summons Lori Scialabba,
Att: 4 Summons U.S. Citizenship and Immigration Services,
Att: 5 Summons Rex W. Tillerson,
Att: 6 Summons U.S. Department of State,
Att: 7 Summons The United States of America
6 6 misc Corporate Disclosure Statement Mon 3:02 PM
Corporate Disclosure Statement by Plaintiff John Doe. (Vrabie, Andrei)
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5 5 misc Exhibit Mon 2:52 PM
Exhibit to2 Motion for Leave to Proceed Anonymously and to File Certain Documents Under Seal or With Redactions filed by John Doe. Proposed Order. (Vrabie, Andrei)
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4 4 respm Affidavit Mon 2:39 PM
Affidavit of John Doe filed by Plaintiff John Doe re:2 Motion for Leave to Proceed Anonymously and to File Certain Documents Under Seal or With Redactions. (Vrabie, Andrei)
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3 3 respm Brief in Support Mon 2:38 PM
Brief in Support of2 Motion for Leave to Proceed Anonymously and to File Certain Documents Under Seal or With Redactions by Plaintiff John Doe. (Vrabie, Andrei)
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2 2 motion Miscellaneous Relief Mon 2:36 PM
Motion for Leave to Proceed Anonymously and to File Certain Documents Under Seal or With Redactions by Plaintiff John Doe. Response due 2/21/2017. (Vrabie, Andrei)
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1 1 cmp Complaint Mon 1:54 PM
COMPLAINT of John Doe against All Defendants. ( Filing fee $ 400 receipt number 0758-1970453.), filed by John Doe. (Vrabie, Andrei)
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Att: 1 JS-44 Civil Cover Sheet,
Att: 2 Summons of Donald J. Trump,
Att: 3 Summons of John F. Kelly,
Att: 4 Summons of the Department of Homeland Security,
Att: 5 Summons of Lori Scialabba,
Att: 6 Summons of the United States Citizenship and Immigration Services,
Att: 7 Summons of Rex W. Tillerson,
Att: 8 Summons of the United States Department of State,
Att: 9 Summons of the United States of America
utility Add Judge for Shell Case Opening Mon 2:49 PM
Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (voc)
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utility Standard Attachments Sent Mon 2:49 PM
Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service:[LINK:NORTC] ,[LINK:Corporate Disclosure Statement] . (voc)
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