Aviles et al v. Garland et al
New York Eastern District Court | |
Judge: | Diane Gujarati |
Case #: | 1:21-cv-05183 |
Nature of Suit | 465 Immigration - Other Immigration Actions |
Cause | 08:1329 Writ of Mandamus to Adjudicate Visa Petiti |
Case Filed: | Sep 17, 2021 |
Terminated: | Oct 29, 2021 |
Last checked: Wednesday Mar 16, 2022 4:30 AM EDT |
Defendant
Assistant Secretary Rena Bitter
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Represented By
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Defendant
Secretary of State Antony J. Blinken
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Represented By
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Defendant
Ambassador Kelly C. Degnan
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Represented By
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Defendant
Special Agent Keri Farley
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Represented By
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Defendant
US Attorney General Merrick Garland
US Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530 |
Represented By
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Defendant
Deputy Chief Rian Harker Harris
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Represented By
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Defendant
Director Ur Mendoza Jaddou
Director of USCIS 5900 Capital Gateway Drive, Mail Stop 2120,
Camp Springs, MD 20588 |
Represented By
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Defendant
Acting Commissioner Troy A. Miller
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Represented By
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Defendant
Acting Associate Dir Connie Nolan
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Represented By
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Defendant
Director Conn Schrader
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Represented By
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Defendant
Director of F.B.I. Christopher Wray
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Represented By
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Defendant
Alejandro Mayorkas
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Represented By
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Plaintiff
Nikoloz ####
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Represented By
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Plaintiff
Nicholas Aviles
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Represented By
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Docket last updated: 04/16/2024 11:59 PM EDT |
Friday, October 29, 2021 | ||
8 | 8
misc
Stipulation of Dismissal
Fri 10/29 2:47 PM
STIPULATION of Dismissal With Prejudice, Executed by the Parties and Respectfully Submitted for the Court's Endorsement, by Merrick Garland (Speight, Melanie) |
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order
Order Dismissing Case
Fri 10/29 5:06 PM
ORDER DISMISSING CASE -- As stipulated and agreed between the parties in the joint8 Stipulation of Dismissal filed on October 29, 2021, this action is hereby dismissed with prejudice, with each party to bear its own costs, expenses and fees. The Clerk of Court is respectfully directed to close this case. Ordered by Judge Diane Gujarati on 10/29/2021. (Almonte, Kelly) |
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Thursday, October 14, 2021 | ||
7 | 7
service
Summons Returned Executed as to USA
Thu 10/14 12:25 PM
SUMMONS Returned Executed by Nikoloz ####, Nicholas Aviles. Rena Bitter served on 9/22/2021, answer due 11/22/2021; Antony J. Blinken served on 9/22/2021, answer due 11/22/2021; Kelly C. Degnan served on 9/22/2021, answer due 11/22/2021; Keri Farley served on 9/22/2021, answer due 11/22/2021; Merrick Garland served on 10/1/2021, answer due 11/30/2021; Rian Harker Harris served on 9/22/2021, answer due 11/22/2021; Ur Mendoza Jaddou served on 9/22/2021, answer due 11/22/2021; Alejandro Mayorkas served on 9/22/2021, answer due 11/22/2021; Troy A. Miller served on 9/22/2021, answer due 11/22/2021; Connie Nolan served on 9/22/2021, answer due 11/22/2021; Conn Schrader served on 9/22/2021, answer due 11/22/2021; Christopher Wray served on 9/22/2021, answer due 11/22/2021. (Grosz, Allison) |
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Att: 1 Exhibit Certified Mail Receipts 1, | ||
Att: 2 Exhibit Certified Mail Receipts 2, | ||
Att: 3 Exhibit USPS Priority Express Label, | ||
Att: 4 Exhibit USPS Delivery Confirmation | ||
Monday, September 27, 2021 | ||
6 | 6
notice
Notice of Appearance Immigration/Social Security Cases
Mon 09/27 6:13 PM
NOTICE of Appearance by Melanie Mary Speight on behalf of All Defendants (aty to be noticed) (Speight, Melanie) |
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Thursday, September 23, 2021 | ||
5 | 5
2
pgs
order
Order to Show Cause (Federal)
Thu 09/23 10:49 AM
ORDER TO SHOW CAUSE : The United States Attorney, as attorney for Defendants, is directed to show cause on or before November 19, 2021 , in writing, why a1 Writ of Mandamus should not be issued, and shall serve a copy of the response on Plaintiff, with proof of such service to the Clerk of this Court. On or before December 20, 2021 , Plaintiff shall file a reply, if any, with proof of service to the Clerk of this Court. Oral argument shall be heard on January 10, 2021 at 11:00 a.m. via teleconference before Judge Diane Gujarati. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682. The Parties should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. SO ORDERED by Judge Diane Gujarati on 9/23/2021. *** Electronic Service upon the U.S. Attorney's Office re: this Order to Show Cause and Plaintiff's 1 Complaint / Writ of Mandamus. *** (Almonte, Kelly) (Almonte, Kelly) |
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Monday, September 20, 2021 | ||
4 | 4
misc
Quality Control Check - Attorney Case Opening
Mon 09/20 9:53 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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3 | 3
misc
Clerks Notice of Rule 73
Mon 09/20 9:52 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. (Bowens, Priscilla) |
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2 | 2
service
Summons Issued as to USA
Mon 09/20 9:51 AM
Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) |
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Friday, September 17, 2021 | ||
1 | 1
cmp
Complaint
Fri 09/17 5:13 PM
COMPLAINT for a Writ in the Nature of Mandamus against Rena Bitter, Antony J. Blinken, Kelly C. Degnan, Keri Farley, Merrick Garland, Rian Harker Harris, Ur Mendoza Jaddou, Alejandro Mayorkas, Troy A. Miller, Connie Nolan, Conn Schrader, Christopher Wray filing fee $ 402, receipt number ANYEDC-14849176 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Nikoloz ####, Nicholas Aviles. (Grosz, Allison) |
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Att: 1 Exhibit A, | ||
Att: 2 Exhibit B, | ||
Att: 3 Exhibit C, | ||
Att: 4 Exhibit D, | ||
Att: 5 Civil Cover Sheet Civil Cover Sheet, | ||
Att: 6 Proposed Summons Proposed Summons, | ||
Att: 7 Appendix List of Defendants' Addresses | ||
utility
Case Assigned/Reassigned
Mon 09/20 9:46 AM
Case Assigned to Judge Diane Gujarati. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |