KHALIL v. JOYCE, et al.
| New Jersey District Court | |
| Judge: | Michael E Farbiarz |
| Referred: | Michael A Hammer |
| Case #: | 2:25-cv-01963 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2241 Petition for Writ of Habeas Corpus (federa |
| Case Filed: | Mar 19, 2025 |
| Case in other court: | New York Southern, 1:25-cv-01935 |
Amicus
FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION
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Immigration Lawyers, Law Professors, and Scholars
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Immigration Reform Law Institute
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INTERNATIONAL LAW PROFESSORS, EXPERTS, PRACTITIONERS, AND SCHOLARS
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National Jewish Advocacy Center
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Interested Party
Shurat HaDin - Israel Law Center
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Notice Only
AMY BELSHER
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BRETT MAX KAUFMAN
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BRIAN HAUSS
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CONOR T. FITZPATRICK
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DIALA SHAMAS
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ESHA BHANDARI
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JOHNNY SIDONIS
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MARC VAN DER HOUT
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MATT CRAPO
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MOLLY BIKLEN
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MUDASSAR HAYAT TOPPA
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nefpsMEF
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NOOR ZAFAR
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OMAR JADWAT
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Patricia Dodszuweit (Appeals Ntc)
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RAMZI KASSEM
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ROBERT HODGSON
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SAMAH SISAY
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SHEZZA ABBOUSHI DALLAL
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SIDRA MAHFOOZ
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TYLER TAKEMOTO
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VERA EIDELMAN
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VERONICA SALAMA
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Petitioner
Mahmoud Khalil
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Respondent
CALEB VITELLO
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Respondent
DONALD J. TRUMP
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Respondent
KRISTI NOEM
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Respondent
MARCO RUBIO
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Respondent
PAMELA BONDI
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Respondent
William P. Joyce
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Respondent
YOLANDA PITTMAN
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GPO
Mar 10 2025
NOTICE OF CONFERENCE, It is hereby ORDERED that counsel for all parties appear for a conference with the Court on March 12, 2025 at 11:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel must confer in advance of the conference and submit a joint letter, no later than March 11, 2025, at 5:00 p.m., indicating whether the conference is necessary and addressing how the Court should handle the present Petition. If counsel do not believe a conference is required, and that briefing is appropriate, counsel should propose a briefing schedule (expedited or otherwise) in the joint letter. No later than today, March 10, 2025, Petitioner's counsel is directed (1) to serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Southern District of New York and by overnight mail, and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. SO ORDERED. ( Status Conference set for 3/12/2025 at 11:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/10/25) (yv) |
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GPO
Mar 12 2025
ORDER As stated on the record during the conference held earlier today: With the consent of both parties, the Court orders that the limitations on remote access to electronic files otherwise applicable in this case, see Fed. R. Civ. P. 5.2(c), are lifted. Accordingly, the Clerk of Court is directed to lift all viewing restrictions on the docket - i.e., to make all prior filings electronically available to the public - and to update the docket to conform with the caption of this Order. All future filings shall be publicly available unless the Court grants leave to file something under seal or in redacted form. Any application to file a document in such a manner shall be made in accordance with the Court's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The Government shall file its Motion to Transfer or Dismiss for Improper Venue by 11:59 p.m. tonight. Briefing on that motion and Petitioner's Motion to Compel Respondents to Return Petitioner to this District, see ECF No. 11, shall then proceed as follows: The parties shall file their oppositions by March 14, 2025, at 11:59 p.m.; and the parties shall file their replies by March 17, 2025, at 5:00 p.m. Petitioner shall file an Amended Petition no later than March 13, 2025, at 9:00 p.m. After the Amended Petition is filed, the parties shall confer and then file a joint letter, no later than March 14, 2025, at 12:00 p.m., proposing next steps, including an expedited schedule for any additional motion practice. With the consent of the Government, Petitioner shall be granted at least one privileged attorney-client call (of at least one hour) today and at least one such call (also of at least one hour) tomorrow. The Government raised no objection to the temporary relief that the Court granted in its Notice of Conference entered on March 10, 2025. See ECF No. 9, at 1 ("To preserve the Courts jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise." (citing cases)). Accordingly, that order remains in effect. SO ORDERED. (Amended Pleadings due by 3/13/2025., Motions due by 3/12/2025., Replies due by 3/17/2025., Responses due by 3/14/2025) (Signed by Judge Jesse M. Furman on 3/12/2025) (jca) |
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GPO
Mar 13 2025
ORDER By Order entered yesterday, the Court directed the Clerk of Court to lift the restrictions otherwise applicable under Rule 5.2(c) of the Federal Rules of Civil Procedure. See ECF No. 29. The Court has been advised by the Clerk of Court that the only (or easiest) way to accomplish that for filings going forward is to change the nature of suit code. Accordingly, the Clerk of Court is directed to change the nature of suit code to No. 530, "Habeas Corpus," thereby lifting the limitations on remote electronic access to the docket imposed by Rule 5.2(c). SO ORDERED. (Signed by Judge Jesse M. Furman on 3/13/2025) (jca) |
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GPO
Mar 16 2025
SEE ORDER FOR DETAILS. (Signed by Judge Jesse M. Furman on 3/16/25) (Furman, Jesse) ORDER with respect to 30 Motion to Dismiss or Transfer: Per the attached Order, the parties are directed to address (in Respondents' forthcoming reply and in a supplemental submission by Petitioner) the import, if any, of certain statutes. |
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GPO
Mar 19 2025
OPINION AND ORDER granting in part and denying in part 30 MOTION to Dismiss or Transfer: For the reasons explained in the Opinion, the Court DENIES the Government's motion to dismiss the Petition but GRANTS its motion to transfer, albeit to the District of New Jersey, not to the Western District of Louisiana. The Court's 9 March 10, 2025 Order barring the Government from removing Petitioner (to which the Government has never raised an objection and which the Government has not asked the Court to lift in the event of transfer) shall remain in effect unless and until the transferee court orders otherwise. The Clerk of Court is directed to transfer the case to the United States District Court for the District of New Jersey forthwith, without regard for Local Civil Rule 83.1, which provides that "the Clerk [of Court], unless otherwise ordered, shall upon the expiration of seven (7) days effectuate the transfer of the case to the transferee court." (Signed by Judge Jesse M. Furman on 3/19/2025) (tro) |
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GPO
Apr 01 2025
OPINION & ORDER. Signed by Judge Michael E. Farbiarz on 4/1/2025. (ro, ) Modified on 4/4/2025 (km). |
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GPO
Apr 04 2025
OPINION AND ORDER. Signed by Judge Michael E. Farbiarz on 4/4/2025. (mxw, ) |
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GPO
May 01 2025
OPINION and ORDER denying the motion for certification of interlocutory appeal at entry 218. Signed by Judge Michael E. Farbiarz on 5/1/2025. (mxw, ) |
| Docket last updated: 05/09/2025 11:59 PM EDT |
| Friday, May 09, 2025 | ||
| 249 | 249
misc
Letter
Fri 05/09 6:16 PM
Letter from the Government Requesting Extension of Supplemental Briefing Deadline. (SAMPAT, DHRUMAN) |
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| 248 | 248
order
Order
Fri 05/09 5:30 PM
TEXT ORDER: On April 29, the Court afforded the Respondents an opportunity to unpack any venue arguments. See ECF 217. Doing so, see ECF 230, the Respondents have not moved the needle. They have not explained whether and when the background jurisdictional rules --- applied here by the Court in its Opinion and Order at ECF 153 --- might be superseded in any habeas case by venue considerations. And they have not persuasively explained why such venue considerations would favor dismissal in this particular case; here, venue considerations weigh on balance in favor of going forward in the New Jersey area, for reasons that are alluded to by the Petitioner, see ECF 243 at page 3, and that have previously been alluded to by the Court, see ECF 78 at page 26. The Respondents have also used their venue letter, see ECF 230, to renew various jurisdictional challenges. The substance of those has been reached and resolved. (And the Court notes that its holdings on the two key jurisdictional questions --- as to habeas jurisdiction and as to jurisdiction-stripping --- now find added support in the Second Circuit's decision of this week. See Ozturk v. Hyde, 2025 WL 1318154 (2d Cir. May 7, 2025).) To the extent the Respondents' letter at ECF 230 is focused specifically on arguments for lack of jurisdiction as to the newly-added aspects of the Third Amended Petition, the Court will reach and resolve those in due course. For now, ECF 230, construed as a motion to dismiss for want of venue, is denied. So Ordered by Judge Michael E. Farbiarz on 5/9/2025. (ro, ) |
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| 247 | 247
misc
Letter
Fri 05/09 5:10 PM
Letter from the Government re 242 Order,. (SAMPAT, DHRUMAN) |
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| 246 | 246
misc
Letter
Fri 05/09 4:59 PM
Letter from the Government re 234 Order,,,,,. (SAMPAT, DHRUMAN) |
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| 245 | 245
misc
Letter
Fri 05/09 4:56 PM
Letter from Petitioner re Addn'l Supp. Authority. (AZMY, BAHER) |
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| 244 | 244
misc
Letter
Fri 05/09 4:37 PM
Letter from Petitioner re 217 order (corrected). (AHMAD, NAZ) |
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| 243 | 243
misc
Letter
Fri 05/09 3:43 PM
Letter from Petitioner re 217 order. (AHMAD, NAZ) |
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| 242 | 242
order
Order
Fri 05/09 9:48 AM
TEXT ORDER: As to the "continu[ing] review" being conducted of databases and files, see ECF 241, the Respondents shall file a succinct update at approximately 5:00pm today --- as to other instances that have been located, and also as to further clarity on "the full universe," so that an appropriate deadline can be set. So Ordered by Judge Michael E. Farbiarz on 5/9/2025. (ro, ) |
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| 241 | 241
misc
Letter
Fri 05/09 9:27 AM
Letter from the Government re 234 Order,,,,,. (SAMPAT, DHRUMAN) |
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| 240 | 240
order
Order
Fri 05/09 9:01 AM
TEXT ORDER: The Court's inclination is to deny the motion to intervene at ECF 235. If a party has a potentially different view, it shall file a succinct letter seeking a briefing schedule, on or before 10:00am on May 12. So Ordered by Judge Michael E. Farbiarz on 5/9/2025. (ro, ) |
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| 239 | 239
order
Order on Motion to Seal Document
Fri 05/09 8:48 AM
TEXT ORDER: The Petitioner's motion to seal at ECF 238 is granted. Signed by Judge Michael E. Farbiarz on 5/9/2025. (ro, ) |
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| Thursday, May 08, 2025 | ||
| 238 | 238
motion
Seal Document
Thu 05/08 10:41 PM
MOTION to Seal Document 204, 207-1, 210-1, 210-2, 210-3, 211, 211-1, 212-1 by MAHMOUD KHALIL.(AHMAD, NAZ) |
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Att: 1
Declaration,
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Att: 2
Index,
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Att: 3
Text of Proposed Order
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| 237 | 237
misc
Letter
Thu 05/08 5:22 PM
Letter from Petitioner re: Notice of Supplemental Authority.(AZMY, BAHER) |
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Att: 1
Exhibit Exhibit A - Mohammed H. Order,
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Att: 2
Exhibit Exhibit B - Khan Suri Opinion,
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Att: 3
Exhibit Exhibit C - Ozturk Opinion
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| 236 | 236
cmp
Amended Complaint
Thu 05/08 2:24 PM
AMENDED COMPLAINT (Third Amended Complaint) against PAMELA BONDI, William P. Joyce, KRISTI NOEM, YOLANDA PITTMAN, MARCO RUBIO, DONALD J. TRUMP, CALEB VITELLO, filed by Mahmoud Khalil.(LOCICERO, JEANNE) (Main Document 236 replaced on 5/8/2025) (pm, ). |
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| 234 | 234
order
Order
Thu 05/08 7:51 AM
TEXT ORDER: As to the letters due today, the issue they concern was, as noted by the Respondents, raised by the Court on May 2. Moreover, it is apparent from the Respondents' May 7 letter that they were already gathering and considering at least some of the relevant materials. The Respondents do not describe the possible scope of the materials, and so they afford the Court only a limited basis for understanding the possible scale of their task. Against this backdrop, as to the letter due today at 9:30, its scope is narrow and does not seem to implicate any paper files. The Respondents shall expeditiously gather information, and provide their response, even if partial, on or before May 9 at 9:30am. As to the letter due today at noon, the Respondents shall expeditiously gather information, and provide their response, even if partial, on or before May 9 at 5:00pm. If either letter provides a partial response, that letter shall include an overall update, that explains what remains to be done as to the relevant task and how much time, in the Respondents' judgment, it will take to compete the work. As to either letter, if there is a particular case that may be sensitive, the Respondents may make their filing as to that case under seal and explain why sealing is appropriate; if that does not obviate the Respondents' concerns, they shall explain why, and propose another way forward. So Ordered by Judge Michael E. Farbiarz on 5/8/2025. (ro, ) |
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qc
QC - Fillable PDF
Thu 05/08 5:08 PM
CLERK'S QUALITY CONTROL MESSAGE - The AMENDED COMPLAINT filed by JEANNE LOCICERO on 5/8/2025 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our[LINK:website] under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (pm, ) |
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| Wednesday, May 07, 2025 | ||
| 235 | 235
misc
Letter
Thu 05/08 1:02 PM
Letter from LAWRENCE L. CRAWFORD Seeking to Intervene in Case No. 25-cv-1963 for the purposes of consolidating with 24-cv-3934. (Notice of Mail) (adc) Modified on 5/8/2025 (adc). |
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| 233 | 233
respoth
Brief
Wed 05/07 7:35 PM
BRIEF (Supplemental) Regarding Vagueness Claims (LOCICERO, JEANNE) |
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| 232 | 232
misc
Letter
Wed 05/07 4:56 PM
Letter from the Government Requesting Extension of May 8 Deadlines re 231 Order,,,,,,. (SAMPAT, DHRUMAN) |
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| 231 | 231
order
Order
Wed 05/07 9:36 AM
TEXT ORDER: The Respondents shall file a letter on or before 9:30am on May 8. It shall list each instance, other than this one, in which federal officials have invoked 8 U.S.C. § 1227(a)(4)(C) to seek the removal or deportation of a person from the United States. As to each case, the United States shall include (a) a description of the underlying facts of the case, and (b) a copy of the Secretary of State's determination as to the case, whether reflected in a memorandum, in a letter to the Attorney General or the Secretary of Homeland Security, or in some other form. In addition, the Respondents shall file a letter on or before noon on May 8. It shall list each instance, other than this one, in which federal officials have invoked a predecessor statute to 8 U.S.C. § 1227(a)(4)(C) to seek the removal or deportation of a person from the United States. As to each case, the United States shall include (a) a description of the underlying facts of the case, and (b) a copy of the Secretary of State's determination as to the case, whether reflected in a memorandum, in a letter to the Attorney General or the Secretary of Homeland Security, or in some other form. For the purposes of the second May 8 letter, the Respondents shall focus only on the period from 1975 to the present. The text of all asserted predecessor statutes shall be included in the letter. The relevant predecessor statutes shall include the statute invoked by the United States in the Massieu case; that statute was then at 8 U.S.C. 1251(a)(4)(C)(i). So Ordered by Judge Michael E. Farbiarz on 5/7/2025. (ro, ) |
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| Monday, May 05, 2025 | ||
| 230 | 230
misc
Letter
Mon 05/05 4:38 PM
Letter from the Government re223 Letter,217 Order. (SAMPAT, DHRUMAN) |
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| Friday, May 02, 2025 | ||
| 229 | 229
misc
Transcript
Mon 05/05 3:43 PM
Transcript of Status held on May 2, 2025, before Judge Michael E. Farbiarz. Court Reporter: Lisa Larsen (973-776-7741). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 5/23/2025. Redacted Transcript Deadline set for 6/2/2025. Release of Transcript Restriction set for 7/31/2025. (and) |
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| 228 | 228
order
Order
Fri 05/02 4:05 PM
TEXT ORDER: As discussed at today's telephone conference, the Petitioner shall file his brief on or before May 7 at 11:59pm, and the Respondents shall file theirs on or before May 12 at 11:59pm. Each brief shall be no more than 20 pages. So Ordered by Judge Michael E. Farbiarz on 5/2/2025. (ro, ) |
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| 227 | 227
minutes
Telephone Conference
Fri 05/02 1:38 PM
Minute Entry for proceedings held before Judge Michael E. Farbiarz: Telephone Conference held on 5/2/2025. (Court Reporter, Lisa Larsen (973-776-7741)) (ro, ) |
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| 226 | 226
misc
Letter
Fri 05/02 11:42 AM
Letter from the Government re223 Letter,217 Order. (SAMPAT, DHRUMAN) |
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| 225 | 225
misc
Letter
Fri 05/02 10:47 AM
Letter from Petitioner re Supplemental Authority. (LOCICERO, JEANNE) |
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| 224 | 224
order
Order ~Util - Set Hearings
Fri 05/02 9:36 AM
TEXT ORDER: The Court will conduct a brief telephone conference today at 12:30. There are two purposes. The first is to rule on the motion at ECF 223, the opposition to which is due today at noon, per ECF 217. The second is to discuss going-forward briefing. So Ordered by Judge Michael E. Farbiarz on 5/2/2025. (ro, ) |
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