Raia v. Pompeo et al
| New York Eastern District Court | |
| Judge: | Joan M Azrack |
| Referred: | Anne Y Shields |
| Case #: | 2:20-cv-01083 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 28:1361 Petition for Writ of Mandamus |
| Case Filed: | Feb 27, 2020 |
| Terminated: | May 04, 2020 |
| Last checked: Tuesday Aug 25, 2020 5:50 AM EDT |
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Defendant
Michael Pompeo
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Represented By
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Defendant
U.S. Department of State
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Represented By
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Plaintiff
Joseph Anthony Raia
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Represented By
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GPO
Apr 21 2020
ORDER: (Re: 26 Show Cause Hearing held on 3/13/2020) The following Order recites the facts of this case and further explains the Court's March 13 oral ruling (PLEASE SEE ORDER FOR FURTHER DETAILS). The Court is sympathetic to A.R.'s plight, and the concerns raised by Plaintiff for his son's health, particularly considering the challenges presented by the COVID-19 pandemic. However, Plaintiff has simply not established that he is entitled to a mandatory preliminary injunction to compel the State Department to issue Plaintiff a passport for A.R. Accordingly, Plaintiff's application for a mandatory preliminary injunction is DENIED. So Ordered by Judge Joan M. Azrack on 4/21/2020. (Ortiz, Grisel) |
| Docket last updated: 11 hours ago |
| Monday, June 15, 2020 | ||
| 31 | 31
misc
Transcript
Mon 06/15 3:00 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 03/13/2020, before Judge Joan Azrack. Court Reporter/Transcriber Lisa Schmid, Telephone number (718)613-2644. Email address: LisaSchmidCCR.RMR@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/6/2020. Redacted Transcript Deadline set for 7/16/2020. Release of Transcript Restriction set for 9/14/2020. (Schmid, Lisa) |
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| Monday, May 04, 2020 | ||
| 30 | 30
1
pgs
order
Order Dismissing Case
Mon 05/04 9:13 AM
ORDER DISMISSING CASE Re:29 NOTICE of Voluntary Dismissal without Prejudice. Case closed. So Ordered by Judge Joan M. Azrack on 5/4/2020. (Ortiz, Grisel) (Main Document 30 replaced on 5/4/2020) (Ortiz, Grisel). Modified to correct typo on 5/4/2020 (Ortiz, Grisel) |
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| Friday, May 01, 2020 | ||
| 29 | 29
notice
Notice of Voluntary Dismissal
Fri 05/01 4:22 PM
NOTICE of Voluntary Dismissal by Joseph Anthony Raia Without Prejudice (Hallak, Elliott) |
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| Thursday, April 30, 2020 | ||
| 28 | 28
misc
Letter
Thu 04/30 9:05 PM
Letter to the Court, respectfully setting forth the bases for the government's proposed motion to dismiss the entire action and respectfully requesting a pre-motion conference by Michael Pompeo, U.S. Department of State (Soloveichik, Layaliza) |
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| Tuesday, April 21, 2020 | ||
| 27 | 27
order
Order(Other)
Tue 04/21 1:36 PM
ORDER: The following Order recites the facts of this case and further explains the Court's March 13 oral ruling (PLEASE SEE ORDER FOR FURTHER DETAILS). The Court is sympathetic to A.R.'s plight, and the concerns raised by Plaintiff for his son's health, particularly considering the challenges presented by the COVID-19 pandemic. However, Plaintiff has simply not established that he is entitled to a mandatory preliminary injunction to compel the State Department to issue Plaintiff a passport for A.R. Accordingly, Plaintiff's application for a mandatory preliminary injunction is DENIED. So Ordered by Judge Joan M. Azrack on 4/21/2020. (Ortiz, Grisel) |
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| Friday, March 13, 2020 | ||
| 26 | 26
minutes
Show Cause Hearing
Fri 03/13 4:18 PM
Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR ORDER TO SHOW CAUSE. Counsel For Plaintiff: Elliot Hallak, Jack Martins. Counsel For Defendant: Layaliza Soloveichik. Show Cause Hearing held on 3/13/2020 at 1:30 PM. Plaintiff's application for a mandatory preliminary injunction to compel the U.S. Department of State to issue plaintiff a passport for A.R. is denied. Plaintiff has not demonstrated that he can meet the heightened standard for a mandatory injunction by "showing a clear or substantial likelihood of success on the merits." N. Am. Soccer League, LLC v. United States Soccer Fed'n, Inc., 883 F.3d 32, 37 (2d Cir. 2018). Indeed, the Court finds plaintiff cannot demonstrate any likelihood of success. Moreover, plaintiff cannot prove irreparable harm because the harm he alleges, risk to the health and life of a minor child, while certainly irreparable, will not be remediated by issuing a passport for A.R. to plaintiff. Finally, plaintiff has not shown that the issuance of a preliminary injunction that abrogates State Department requirements for passports and interferes with a foreign court's proceeding under the Hague Convention on the Civil Aspects of International Child Abduction is within the public interest. A written Order will follow. (Ortiz, Grisel) |
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| Thursday, March 12, 2020 | ||
| 25 | 25
misc
Letter
Thu 03/12 5:03 PM
Letter providing courtesy copy of reply papers to Court and Respondent by Joseph Anthony Raia (Hallak, Elliott) |
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| 24 | 24
respoth
Reply in Support
Thu 03/12 12:39 PM
REPLY in Support re12 Order to Show Cause,,,,,,,,, Petitioners'/Plaintiffs' Emergency Motion for Mandatory Preliminary Injunction filed by Joseph Anthony Raia. (Hallak, Elliott) Document 24-3 has been sealed pursuant to the direction of Judge Azrack's chambers on 3/12/2020 (Florio, Lisa) |
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Att: 1
Declaration of Joseph Anthony Raia,
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Att: 2
Exhibit A - January 29, 2019 Hague Petition,
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Att: 3
Exhibit B - December 2019 Hague Petition and Exhibits w. FedEx confirmation,
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Att: 4
Exhibit C - April 10, 2019 Hague Petition and Exhibits,
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Att: 5
Exhibit D - October 29, 2019 Letter from Department of State,
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Att: 6
Exhibit E - March 5, 2020 Letter from Department of State,
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Att: 7
Exhibit F - March 9, 2020 Email from Department of State,
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Att: 8
Exhibit G - Response to Information Received from Italian Central Authority with Exhibits
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| Tuesday, March 10, 2020 | ||
| 23 | 23
misc
Letter
Tue 03/10 2:14 PM
Letter to plaintiff enclosing copies of motion papers and and noting that courtesy copy to the Court includes unsealed exhibit by Michael Pompeo, U.S. Department of State (Soloveichik, Layaliza) |
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| 22 | 22
respoth
Reply in Opposition
Tue 03/10 1:01 PM
REPLY in Opposition re19 Memorandum in Opposition (not a reply) but rather (corrected) Greene Declaration, previously filed at Dkt Entry No. 19-1 filed by Michael Pompeo, U.S. Department of State. (Soloveichik, Layaliza) |
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| 21 | 21
respoth
Reply in Opposition
Tue 03/10 12:29 PM
REPLY in Opposition re19 Memorandum in Opposition (not a reply) but rather Declaration of Layaliza Solovecihik filed by Michael Pompeo, U.S. Department of State. (Soloveichik, Layaliza) |
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Att: 1
Ex A,
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Att: 2
Ex B,
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Att: 3
Ex C,
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Att: 4
Ex D
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| 20 | 20
respoth
Reply in Opposition
Tue 03/10 12:26 PM
REPLY in Opposition re19 Memorandum in Opposition (not a reply) but rather Declaration of Bennet Fellows filed by Michael Pompeo, U.S. Department of State. (Soloveichik, Layaliza) |
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Att: 1
Ex A (sealed),
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Att: 2
Ex B,
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Att: 3
Ex C
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| 19 | 19
27
pgs
respoth
Memorandum in Opposition
Tue 03/10 12:04 PM
MEMORANDUM in Opposition to Plaintiff's Motion for a Prelminary Injunction filed by Michael Pompeo, U.S. Department of State. (Soloveichik, Layaliza) |
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Att: 1
Greene Decl,
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Att: 2
Gardner Decl
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| 18 | 18
respm
Response to Motion
Tue 03/10 8:52 AM
RESPONSE to Motion re17 MOTION to Seal respectfully requesting permission to file an exhibit under seal, for in camera review only filed by Joseph Anthony Raia. (Hallak, Elliott) |
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order
Order on Motion to Seal
Tue 03/10 11:01 AM
ORDER granting17 Motion to Seal. The Government may submit the identified FAM exhibit under seal and ex parte for in camera review. After the Court has reviewed the exhibit in camera , the undersigned will determine what access, if any, plaintiff's attorney may have to the exhibit. Ordered by Judge Joan M. Azrack on 3/10/2020. (Gallagher, Erin) |
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| Monday, March 09, 2020 | ||
| 17 | 17
motion
Seal
Mon 03/09 5:52 PM
MOTION to Seal respectfully requesting permission to file an exhibit under seal, for in camera review only by Michael Pompeo, U.S. Department of State. (Soloveichik, Layaliza) |
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| Friday, March 06, 2020 | ||
| 16 | 16
respm
Response to Motion
Fri 03/06 9:06 AM
RESPONSE to Motion re15 MOTION for Leave to File Document MOTION to Adjourn Conference filed by Joseph Anthony Raia. (Hallak, Elliott) |
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Att: 1
October 28, 2019 passport denial letter,
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Att: 2
Decision of Monasky v. Taglieri, 140 S.Ct. 719 (February 25, 2020)
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order
Order on Motion for Leave to File Order on Motion to Adjourn Conference
Fri 03/06 1:40 PM
ORDER: The Government's request for an adjournment of the 3/13/2020 conference15 is DENIED. The conference scheduled for 3/13/2020 at 1:30 PM will not be a formal evidentiary hearing involving witness testimony or the introduction of exhibits. Additionally, this conference will not extend past 5:00 PM. At the conference, the Court will hear argument from counsel and may ask Petitioner, Joseph A. Raia, M.D., questions directly, necessitating his presence Should the Court determine that a formal evidentiary hearing involving testimony from witnesses is necessary, such a hearing will be scheduled. Ordered by Judge Joan M. Azrack on 3/6/2020. (Gallagher, Erin) |
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| Thursday, March 05, 2020 | ||
| 15 | 15
motion
Leave to File Document Adjourn Conference
Thu 03/05 11:50 PM
MOTION for Leave to File Document , MOTION to Adjourn Conference by Michael Pompeo, U.S. Department of State. (Soloveichik, Layaliza) |
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Att: 1
Attachment A
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| 14 | 14
service
Affidavit of Service
Thu 03/05 12:01 PM
AFFIDAVIT of Service for Order to Show Cause and Supporting Motion Papers served on Michael Pompeo, Secretary of State; U.S. Department of Justice; U.S. Department of State; and U.S. Attorney for the Eastern District of New York on 02/28/2020 via overnight mail and 03/02/2020 via personal service, filed by Joseph Anthony Raia. (Hallak, Elliott) |
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Att: 1
Affidavit of Service By Personal Service of documents 1-13 on the U.S. Department of Justice,
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Att: 2
Affidavit of Service By Personal Service of documents 1-13 on the U.S. Department of State,
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Att: 3
Affidavit of Service By Personal Service of documents 1-13 on the U.S. Attorney for the Eastern District of New York,
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Att: 4
Affidavit of Service By Overnight Mail on Michael Pompeo, Secretary of State; U.S. Department of Justice; U.S. Department of State; and U.S. Attorney for the Eastern District of New York
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| 13 | 13
service
Summons Returned Executed
Thu 03/05 11:54 AM
SUMMONS Returned Executed by Joseph Anthony Raia. Michael Pompeo served on 3/2/2020, answer due 3/23/2020; U.S. Department of State served on 3/2/2020, answer due 3/23/2020. (Hallak, Elliott) |
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Att: 1
Affidavit of Service By Personal Service of documents 1-13 on the U.S. Department of Justice,
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Att: 2
Affidavit of Service By Personal Service of documents 1-13 on the U.S. Department of State,
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Att: 3
Affidavit of Service By Personal Service of documents 1-13 on the U.S. Attorney for the Eastern District of New York,
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Att: 4
Affidavit of Service By Overnight Mail on Michael Pompeo, Secretary of State; U.S. Department of Justice; U.S. Department of State; and U.S. Attorney for the Eastern District of New York
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| Friday, February 28, 2020 | ||
| 12 | 12
2
pgs
order
Order to Show Cause
Fri 02/28 4:36 PM
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED, that the Respondents/Defendants MICHAEL POMPEO, in his official capacity as Secretary of State; and U.S. DEPARTMENT OF STATE (together, "Respondents") show cause before United States District Court Judge Joan M. Azrack, in Courtroom 6E North of the Brooklyn Courthouse of the Eastern District of New York, located at 225 Cadman Plaza East, Brooklyn New York, 11201 on the 13th day of March, 2020, at 1:30 P.M. why a mandatory preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") should not be issued compelling Respondents and those acting under them to perform their duties and issue a U.S. passport to Petitioner Joseph Anthony Raia for A.R. without further delay, and for such other and further relief as the Court may deem just, proper, and equitable; and it is further ORDERED, that a copy of this Order to Show Cause, together with copies of the abovereferenced pleadings and motion papers, shall be served on Respondents via overnight mail by February 28, 2020, and personally served on the Respondents on or before the 2nd day of March, 2020, and that such service shall be deemed good and sufficient service of this Order to Show Cause and supporting papers; and it is further ORDERED, that papers in opposition to the instant motion, if any, shall be filed and copies delivered to this Court and served upon Petitioner's counsel on or before the 10th day of March, 2020 at the hour of 12:00 P.M.; and it is further ORDERED, that reply papers in further support of the instant motion, if any, shall be filed and copies delivered to this Court and served upon Defendants or their attorneys on or before the 12th day of March, 2020 at the hour of 5:00 P.M.; and it is further ORDERED, that Respondents include in their opposition papers, a copy of the guidance issued by the Department that permits a senior passport authorizing officer to excuse the appearance of a minor; and it is further ORDERED, that Petitioner include in in their reply papers, copies of the denials of the passport applications; and it is further ORDERED, that Petitioner Joseph Anthony Raia appear at the March 13, 2020 conference in person. Should the Court determine, after hearing from Petitioner and counsel from both parties, that testimony from additional witnesses is necessary, an additional hearing will be scheduled. Ordered by Judge Joan M. Azrack on 2/28/2020. (Florio, Lisa) |
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| 11 | 11
misc
Clerks Notice of Rule 73
Fri 02/28 10:08 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) |
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| Thursday, February 27, 2020 | ||
| 10 | 10
notice
Notice of Appearance
Fri 02/28 9:59 AM
NOTICE of Appearance by Daniel R. LeCours on behalf of Joseph Anthony Raia (notification declined or already on case) (Cox, Dwayne) |
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| 9 | 9
notice
Notice of Appearance
Fri 02/28 9:51 AM
NOTICE of Appearance by Elliot A Hallak on behalf of Joseph Anthony Raia (notification declined or already on case) (Cox, Dwayne) |
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| 8 | 8
notice
Notice of Appearance
Fri 02/28 9:49 AM
NOTICE of Appearance by Jack M. Martins on behalf of Joseph Anthony Raia (notification declined or already on case) (Cox, Dwayne) |
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| 7 | 7
11
pgs
respoth
Memorandum in Support
Fri 02/28 9:40 AM
Memorandum Of Law in Support re:4 Proposed Order to Show Cause filed by Joseph Anthony Raia. (Cox, Dwayne) |
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| 6 | 6
respoth
Affidavit in Support
Fri 02/28 9:37 AM
Declaration of Elliot A. Hallak in Support re:4 Proposed Order to Show Cause (Cox, Dwayne) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G
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| 5 | 5
respoth
Affidavit in Support
Fri 02/28 9:26 AM
Declaration in Support re:4 Proposed Order to Show Cause by Joseph Anthony Raia. (Cox, Dwayne) |
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| 4 | 4
misc
Unsigned Order to Show Cause
Fri 02/28 9:23 AM
Proposed Order to Show Cause by Joseph Anthony Raia (Cox, Dwayne) |
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| 3 | 3
service
Summons Issued as to USA
Fri 02/28 9:17 AM
Summons Issued as to U.S. Department of State, U.S. Attorney and U.S. Attorney General (Cox, Dwayne) |
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| 2 | 2
service
Summons Issued as to USA
Fri 02/28 9:15 AM
Summons Issued as to Michael Pompeo, U.S. Attorney and U.S. Attorney General (Cox, Dwayne) |
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| 1 | 1
cmp
Complaint
Fri 02/28 9:13 AM
COMPLAINT and Petition for Mandamus against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Joseph Anthony Raia. (Cox, Dwayne) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Civil Cover Sheet
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misc
Filing Fee Received
Fri 02/28 9:18 AM
FILING FEE: $ 400.00, receipt number 29419 (Cox, Dwayne) |
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