Doe v. Noem et al
| California Eastern District Court | |
| Judge: | Dale A Drozd |
| Referred: | Allison Claire |
| Case #: | 2:25-cv-01103 |
| Nature of Suit | 465 Immigration - Other Immigration Actions |
| Cause | 05:702 Administrative Procedure Act |
| Case Filed: | Apr 14, 2025 |
| Last checked: Tuesday Apr 15, 2025 11:04 AM PDT |
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Defendant
Department of Homeland Security
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Defendant
Todd Lyons
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Defendant
Kristi Noem
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Plaintiff
Student Doe
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Represented By
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| Docket last updated: 05/09/2025 11:59 PM PDT |
| Thursday, April 17, 2025 | ||
| 13 | 13
17
pgs
order
Order ~Util - 1 Set/Reset Deadlines and Hearings Order on Motion for Protective Order Order on Motion for TRO
Thu 04/17 2:30 PM
ORDER signed by District Judge Dale A. Drozd on 04/17/25 GRANTING2 Motion to Proceed Under Pseudonym and Motion for Protective Order; GRANTING5 Motion for TRO; ORDERING that, pending the hearing and determination of the motion for preliminary injunction, defendants are: a. Enjoined from terminating plaintiff's SEVIS record; b. Required to set aside their SEVIS record termination determination; c. Prohibited from detaining or removing plaintiff based on the SEVIS termination; and Enjoined from directly or indirectly enforcing, implementing, or otherwise taking any action or imposing any legal consequences as a result of the termination of his SEVIS record; and SETTING the following schedule on the Motion for Preliminary Injunction: Plaintiff's Motion due: 06/02/25; Defendant's Opposition due: 06/16/25; Plaintiff's reply due: 06/23/25 with Motion Hearing set for 7/7/2025 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. No bond shall be required to be posted by plaintiff. (Deputy Clerk AJB) |
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| 12 | 12
minutes
Motion Hearing
Thu 04/17 11:52 AM
MINUTES (Text Only) for proceedings held before District Judge Dale A. Drozd: MOTION HEARING held on 4/17/2025 re2 Motion to Proceed Under Pseudonym and for Protective Order and re5 Motion for TRO filed by Student Doe. Court addressed Govt as to Pltf's2 motion for protective order. Govt addressed the court and requested motion be denied as stated on the record. Court addressed Pltf's5 motion for TRO. Pltf addressed the court with additional court cases. Govt addressed the court as to a case out of the Central District of Arizona. Court addressed counsel as to relationship of revoking F1 Visa, terminating F1 Status, terminating SEVIS record. Pltf's counsel addressed the court. Govt addressed the court and requested additional time to submit documentation. Court addressed Pltf as to injunction requested as to whether this court has the authority to grant that specific relief sought. Pltf's counsel addressed the court. Court addressed Govt as to APA and Sovereign immunity. Court addressed Pltf's counsel as to protections available to Pltf. Pltf's counsel addressed the court that there are no protections available to Pltf. Court addressed the Govt's position that the District Court does not have the authority as stated. After hearing of arguments, for reasons stated at today's hearing, Pltf's2 motion for protective order and2 motion Proceed pseudonymously is Granted as stated on the record. After hearing of arguments, for reasons stated at today's hearing, Pltf's5 motion for TRO is Granted as stated on the record. As to motion for preliminary injunction, Court to set briefing schedule. Written order to issue. Plaintiffs Counsel Joye Wiley present. Defendants Counsel Shelley Weger present. Court Reporter/CD Number: Abigail Torres. (Deputy Clerk PAB) |
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| Wednesday, April 16, 2025 | ||
| 11 | 11
respm
Opposition to Motion
Wed 04/16 4:01 PM
OPPOSITION by Department of Homeland Security, Todd Lyons, Kristi Noem to5 Motion for Temporary Restraining Order,. (Weger, Shelley) |
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service
Certificate / Proof of Service
Wed 04/16 2:33 PM
CERTIFICATE / PROOF of SERVICE by Student Doe re1 Complaint,3 Summons. (Wiley, Joye) |
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service
Certificate / Proof of Service
Wed 04/16 8:46 AM
CORRECTED8 CERTIFICATE / PROOF of SERVICE by Student Doe re8 Certificate / Proof of Service,5 Motion for TRO,1 Complaint,4 Civil New Case Documents,2 Motion to Proceed Under Pseudonym and for Protective Order. (Wiley, Joye) Modified on 4/16/2025 (VLC) |
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| 8 | 8
service
Certificate / Proof of Service
Wed 04/16 8:43 AM
CERTIFICATE / PROOF of SERVICE by Student Doe re5 Motion for TRO,1 Complaint,2 Motion to Proceed Under Pseudonym and for Protective Order. (Wiley, Joye) |
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| Tuesday, April 15, 2025 | ||
| 7 | 7
misc
Designation of Counsel
Tue 04/15 7:40 PM
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Department of Homeland Security,Shelley D. Weger, GOVT for Todd Lyons,Shelley D. Weger, GOVT for Kristi Noem (Weger, Shelley) |
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| 6 | 6
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Tue 04/15 4:07 PM
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/15/2025: On 4/14/2025, plaintiff filed the complaint in this action along with a motion to proceed under pseudonym and for a protective order. (Doc. Nos.1 ,2 .) On 4/15/2025, plaintiff filed an emergency motion for a temporary restraining order (Doc. No.5 ), which the court has reviewed. No later than today, 4/15/2025, plaintiff's counsel is directed (1) to serve defendants with a copy of the complaint, the motion to proceed under pseudonym, the emergency motion for temporary restraining order, and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Eastern District of California (attn. United States Attorney Shelley D. Weger) and by overnight mail; and (2) to promptly file proof of such service on the docket. Counsel for defendants shall promptly enter notices of appearance.Defendants may file any written opposition to the pending motions by 4:00 p.m. on 4/16/2025. The parties are ordered to appear for a hearing on plaintiff's motions on 4/17/2025 at 10:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd, 15th Floor of the Robert T. Matsui Federal Courthouse. If the parties were to jointly agree upon a less demanding briefing schedule and hearing date, the court would be inclined to adopt the parties' proposal. Pending the scheduled hearing, and unless and until the Court orders otherwise, the Court ORDERS that defendants shall not take any action to remove plaintiff from the United States or to move plaintiff out of this District. See F.T.C. v. Dean Foods Co ., 384 U.S. 597, 604 (1966) (acknowledging the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the exigent circumstances presented, the Court finds that this Order is warranted to maintain the status quo pending the 4/17/2025 hearing and any subsequent order and finds that plaintiff has at this time satisfied the factors governing the issuance of such preliminary relief. (Deputy Clerk PAB) |
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| 5 | 5
motion
Temporary Restraining Order
Tue 04/15 2:00 PM
MOTION for TEMPORARY RESTRAINING ORDER by Student Doe.(Wiley, Joye) Modified on 4/15/2025 (JJD) |
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Att: 1
TRO checklist,
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Att: 2
Proof of Service ,
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Att: 3
Proposed Order ,
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Att: 4
Proposed Order,
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Att: 5
Exhibit A,
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Att: 6
Exhibit B,
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Att: 7
Exhibit C,
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Att: 8
Exhibit D,
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Att: 9
Exhibit E
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misc
Civil New Case Documents for DAD
Tue 04/15 9:18 AM
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/25/2025 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Deputy Clerk KEZ) |
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Att: 1
Standing Order,
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Att: 2
Consent Form,
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Att: 3
VDRP
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service
Summons
Tue 04/15 9:17 AM
SUMMONS ISSUED as to *Department of Homeland Security, Todd Lyons, Kristi Noem* with answer to complaint due within *60* days. Attorney *Joye Wiley, Esq.* *Wiley & Jobson LLP* *P.O. Box 459* *Berkeley, CA 94701*. (Deputy Clerk KEZ) |
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| Monday, April 14, 2025 | ||
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MOTION to PROCEED UNDER PSEUDONYM and for PROTECTIVE ORDER by Student Doe.(Wiley, Joye) Modified on 4/15/2025 (JJD).
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Att: 1
Affidavit 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
Proposed Order
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COMPLAINT against all Defendants by Student Doe. Attorney Wiley, Joye added. (Wiley, Joye)
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Att: 1
Civil Cover Sheet
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| PAYMENT for Civil Case filing fee in the amount of $ 405, receipt number ACAEDC-12156947. (Wiley, Joye) | ||