Case: Milanes v. Chertoff

1:08-cv-02354 | U.S. District Court for the Southern District of New York

Filed Date: March 6, 2008

Closed Date: July 29, 2011

Clearinghouse coding complete

Case Summary

On March 6, 2008 attorneys with the Puerto Rican Legal Defense Fund and Education Fund and New York Legal Assistance Group filed a class action lawsuit against the Department of Homeland Security, USCIS, Attorney General of the U.S. and the FBI. in the U.S. District Court for the Southern District of New York (Foley Square Division), challenging the U.S. government's failure to timely adjudicate applications for naturalization made in New York City District Office of the U.S. Citizenship and Im…

On March 6, 2008 attorneys with the Puerto Rican Legal Defense Fund and Education Fund and New York Legal Assistance Group filed a class action lawsuit against the Department of Homeland Security, USCIS, Attorney General of the U.S. and the FBI. in the U.S. District Court for the Southern District of New York (Foley Square Division), challenging the U.S. government's failure to timely adjudicate applications for naturalization made in New York City District Office of the U.S. Citizenship and Immigration Services ("USCIS"). Plaintiffs sought declaratory and injunctive relief under the Administrative Procedure Act, 5 U.S.C. §§ 555(b), 551(13), 706(1) and 553, and the Immigration and Nationality Act § 336(b), codified at 8 U.S.C. § 1447(b).

Plaintiffs sought certification of a class consisting of: lawful permanent residents residing in the counties served by the New York City District Office of USCIS, who have submitted or will submit applications to be naturalized as U.S. citizens, and whose applications have not been or will not be adjudicated within 180 days of the date of submission, and on behalf of a sub-class composed of those members of the class who reside in the Southern District of New York and whose applications have not been or will not be adjudicated within 120 days of the date of their initial examinations.

On June 19, 2008, Defendants filed its motion to dismiss. On August 7, 2008, the District Court (Judge Lawrence M. McKenna) denied Plaintiffs' motions for a preliminary injunction and for class certification, and granted Defendants' motion to dismiss. On August 19, 2008, Plaintiffs filed a motion for reconsideration, which the District Court denied on September 10, 2008.

Plaintiffs appealed to the U.S. Court of Appeals for the Second Circuit. On January 29, 2008, in a summary order, the Second Circuit vacated the judgments entered by the District Court on August 7 and September 10 of 2008, and remanded the case to the District Court for further proceedings consistent with the order.

The parties entered settlement negotiations after the case went back to the District Court. On September 20, 2010, the District Court (Judge Lawrence M. McKenna) entered a Stipulation and Order of Dismissal which specified that it would place the matter in abeyance until July 29, 2011, and if Plaintiffs have not sought reinstatement by July 29, 2011, pursuant to the Settlement Agreement dated September 17, 2010, the action would be dismissed with prejudice. The action was dismissed with prejudice as of July 29, 2011.

(Updated on 03/31/2012)

Summary Authors

Xin Chen (3/30/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4340559/parties/milanes-v-chertoff/


Judge(s)

Cogan, Brian Mark (New York)

Fox, Kevin N. (New York)

Hall, Peter W. (Vermont)

McKenna, Lawrence M. (New York)

Raggi, Reena (New York)

Attorneys(s) for Plaintiff

Berkman, Deborah (New York)

Bharara, Preetinder S. (New York)

Chin, Jackson (New York)

Hodes, Daniel B. (New York)

Maer, Foster (New York)

Judge(s)

Cogan, Brian Mark (New York)

Fox, Kevin N. (New York)

Hall, Peter W. (Vermont)

McKenna, Lawrence M. (New York)

Raggi, Reena (New York)

Attorneys(s) for Plaintiff

Berkman, Deborah (New York)

Bharara, Preetinder S. (New York)

Chin, Jackson (New York)

Hodes, Daniel B. (New York)

Maer, Foster (New York)

Parkin, Jason (New York)

Perez, Jose-Luis (New York)

Quinn, James W. (New York)

Sant'Ambrogio, Michael David (New York)

Schulman, Yisroel (New York)

Slack, Richard W. (New York)

Stevens, Jane Greengold (New York)

Zalka, Caroline Hickey (New York)

Attorneys(s) for Defendant

Onozawa, Tomoko (New York)

Reddy, Kirti Vaidya (New York)

Yalen, Robert William (New York)

Documents in the Clearinghouse

Document

1:08-cv-02354

Docket [PACER]

July 11, 2011

July 11, 2011

Docket
1

1:08-cv-02354

Complaint

March 6, 2008

March 6, 2008

Complaint
39

1:08-cv-02354

Defendants' Memorandum of Law in Support of Their Motion to Dismiss in Part and Remand in Part [. . .]

June 19, 2008

June 19, 2008

Pleading / Motion / Brief
57

1:08-cv-02354

Memorandum of Law in Support of Plaintiffs" Motion for Reconsideration [. . .]

Aug. 19, 2008

Aug. 19, 2008

Pleading / Motion / Brief
72

1:08-cv-02354

Memorandum and Order

2008 WL 4219078

Sept. 10, 2008

Sept. 10, 2008

Order/Opinion
77

08-04749

Summary Order (Second Circuit)

Milanes v. Napolitano

U. S. Court of Appeals for the Second Circuit

354 Fed.Appx. 573

Jan. 29, 2010

Jan. 29, 2010

Order/Opinion
85

1:08-cv-02354

Stipulation and Order of Dismissal

Milanes v. Napolitano

Sept. 20, 2010

Sept. 20, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4340559/milanes-v-chertoff/

Last updated Aug. 2, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Filing Fee $ 350.00, Receipt Number 644032)Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa.(laq) (mbe). (Entered: 03/10/2008)

March 6, 2008

March 6, 2008

RECAP
2

NOTICE OF APPEARANCE by Jackson Chin on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (laq) (Entered: 03/10/2008)

March 6, 2008

March 6, 2008

PACER
3

NOTICE OF APPEARANCE by Foster S. Maer on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (laq) (Entered: 03/10/2008)

March 6, 2008

March 6, 2008

PACER
4

NOTICE OF APPEARANCE by Jose-Luis Perez on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (laq) (Entered: 03/10/2008)

March 6, 2008

March 6, 2008

PACER
5

NOTICE OF APPEARANCE by Michael David Sant'Ambrogio on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa (Sant'Ambrogio, Michael) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

RECAP
6

NOTICE OF APPEARANCE by Jason David Parkin on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa (Parkin, Jason) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

RECAP
7

NOTICE OF APPEARANCE by Jane Greengold Stevens on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa (Stevens, Jane) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

RECAP
8

NOTICE OF APPEARANCE by Alan H. Levine on behalf of Virginia Milanes (Levine, Alan) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

RECAP
9

NOTICE OF APPEARANCE by Richard William Slack on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa (Slack, Richard) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

RECAP
10

NOTICE OF APPEARANCE by James W. Quinn on behalf of Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa (Quinn, James) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

RECAP
11

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Foster Maer dated 4/3/08 re: plaintiff requsts permission to file a combined brief of no more than 50 pages. ENDORSEMENT: granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 4/3/08) (pl) (Entered: 04/03/2008)

April 3, 2008

April 3, 2008

RECAP
12

NOTICE OF APPEARANCE by Kirti Vaidya Reddy on behalf of Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez (Reddy, Kirti) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

RECAP
13

NOTICE OF APPEARANCE by Robert William Yalen on behalf of Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez (Yalen, Robert) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

RECAP
14

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Lawrence M. McKenna on 4/21/08) (js) (Entered: 04/22/2008)

April 21, 2008

April 21, 2008

RECAP
15

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Kirti Vaidya Reddy dated 4/22/08 re: Counsel for defendant requests the Court's permission to file its administrative records with the Clerk of Court by manually filing a hard copy and computer disks, rather than through the ECF system. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 4/23/08) (js) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

RECAP
16

TRANSCRIPT of proceedings held on 4/11/2008 before Judge Lawrence M. McKenna. (ama) (Entered: 04/28/2008)

April 28, 2008

April 28, 2008

PACER
17

STIPULATED PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Lawrence M. McKenna on 5/8/2008) (jpo) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

RECAP
18

MEMORANDUM AND ORDER: First, the Court has neither ruled that all discovery is permissible notwithstanding the normal restrictions on going outside of the administrative record on APA issues, nor left that issues to Judge Fox to rule on as an abstract question. The administrative record rule is to be respected, but the Court recognizes as well that there may be exceptions in this case as to particular factual issues, not all of which can be foreseen. The Court expects and party seeking discovery beyond the FBI and USCIS administrative records, The Yakubova production and the A files to show that the discovery it seeks is necessary for a particular reason, e.g., to fill a gap in an administrative record, or to obtain and explanation, or probe an explanation, for delay. Hopefully, counsel can meet and agree in such cases, but, if not, the issues will be presented to Judge Fox. (Signed by Judge Lawrence M. McKenna on 5/13/2008) (jfe) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

RECAP
19

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Richard W. Slack dated 5/15/2008, Plaintiff respectfully requests that the court deny defendants request to vacate the briefing schedule previously set by the Court, also that the Court adopt the following schedule: Fact Discovery in connection with Motion for Preliminary Injunction completed by May 27, 2008. The parties will disclose any expert and the subject of their testimony by May 30, 2008. The parties shall conduct any depositions of fact and expert witness for purpose of the Preliminary Injunction hearing by June 12, 2008. Plaintiff shall serve their Opposition to Defendants Motion to dismiss and reply to Defendants Opposition to plaintiffs' Motion for Preliminary Injunction and Class Certification no later than June 16, 2008. The parties shall be ready for a hearing on the Motion for Preliminary Injunction on or after June 18, 2008. ENDORSEMENT: Defendants' motion for an extension until 6/6/2008 to file their opposition to plaintiffs' motion for a preliminary injunction and class certification and defendants' motion for dismissal and remand is granted. The schedule proposed above in this letter is adopted with the exception, that each date in it is moved one week into the future. So Ordered,(Signed by Judge Lawrence M. McKenna on 5/19/2008) (jfe) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

RECAP
20

Certification of Administrative Record (FBI). Document filed by Robert S. Mueller, III. (cd) (Entered: 05/23/2008)

May 22, 2008

May 22, 2008

PACER
21

ORDER, a telephonic conference will be held on 5/28/08, at 10:30 am, to be initiated by counsel to plaintiff to (212)805-6705. ( Telephone Conference set for 5/28/2008 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/23/08) (cd) (Entered: 05/27/2008)

May 23, 2008

May 23, 2008

RECAP
22

CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 6). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
23

CIS Administrative Record for 2002 Change in scope of FBI name checks Naturalization Process. (Volume 1). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
24

CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 4). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
25

CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 5). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
26

CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 3). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
27

CIS Administrative Record for 2002 Change in scope of FBI name checks Naturalization Process. (Volume 2). (pl) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
28

CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 8). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
29

CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 7). (pl) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
30

CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 10). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
31

CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 9). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
32

CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 2). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
33

CIS Administrative Record for Backlog in processing Naturalization Applications. (Volume 12). (pl) Modified on 5/28/2008 (pl). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
34

ORDER: (1) on or before May 30, 2008, Gregory Smith shall certify that a copy of the complete and accurate administrative record has been provided to the plaintiffs; (2) on or before June 2, 2008, the defendants shall provide data responsive to the plaintiffs' discovery demands in hard copy format, as discussed during the conference, and thereafter, supplement that disclosure with the data maintained in an electronic format with the understanding that the electronic data will be provided to the plaintiffs on a rolling basis; (3) on or before June 9, 2008, the defendants must respond completely to the plaintiffs' outstanding discovery demands; and (4) on or before June 2, 2008, the plaintiffs shall respond to the defendants' outstanding discovery demands. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/28/08) (rw) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

RECAP
35

LETTER addressed to J. Michael McMahon, Clerk of Court from Tomoko Onozawa dated 5/22/08 re: Government submits for filing with the Clerk of Court, the administrative record for this case comprised of the documents that are set forth in this letter. Document filed by U.S. Department of Justice.(pl) Modified on 5/29/2008 (pl). (Entered: 05/29/2008)

May 28, 2008

May 28, 2008

PACER
36

ENDORSED LETTER addressed to Judge Lawrence M. McKenna and Magistrate Judge Kevin. Fox from Robert William Yalen dated 6/3/08 re: The Government submits this letter to request certain modifications to the upcoming schedule in this case as follows: Government to complete production of Hard-Copy Documents due by 6/6/08 (all hard copy documents except those of Scharfen); 6/10/08 (hard copy documents of Scharfen); Service of Privilege Log for Hard Copy Documents due by 6/9/08 (for hard copy documents except those of Scharfen); 6/10/08 (for hard copy documents of Scharfen); Government to provide Plaintiffs with dates for Completion of Production of Documents from Eletronic-Sources due by 6/9/08; Disclosures of Expert Witnesses due by 6/6/08 (no change); Government's Papers due by 6/13/08; Government's Response to Interrogatories No. 5 and 6 to USCIS due by 6/9/08 (no change); Completion of depositions 6/27/08; Plaintiffs' papers due by 7/2/08; date when parties shall be ready for a preliminary injunction hearing 7/7/08. ENDORSEMENT: The above schedule is approved & so ordered. The preliminary injunction hearing will be held on 7/9/08 at 9:30 a.m. (and extended to 7/10/08 (to be set), if necessary). (Signed by Judge Lawrence M. McKenna on 6/5/08) (tro) (Entered: 06/06/2008)

June 5, 2008

June 5, 2008

RECAP
37

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Robert William Yalen dated 6/11/08 re: Counsel for the Government request a one-week extension for the service of their papers and to submit a 75-page memorandum of law with papers. ENDORSEMENT: The government's time to serve & file the responsive submissions is extended to 6/19/08 at 1PM; the plaintiffs' time to serve & file its reply submissions is extended to 7/8 at 1PM. Page limitations for such submissions are waived. (Signed by Judge Lawrence M. McKenna on 6/11/08) (tro) (Entered: 06/12/2008)

June 11, 2008

June 11, 2008

RECAP
38

MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez.(Yalen, Robert) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

RECAP
39

MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment. and in Opposition to Plaintiffs' Motions for a Preliminary Injunction and Class Certification. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

RECAP
40

DECLARATION of Michael A. Cannon in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

RECAP
41

DECLARATION of David J. Keevis in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

RECAP
42

DECLARATION of Robert William Yalen in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (part 1), # 4 Exhibit C part 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F part 1, # 8 Exhibit F part 2)(Yalen, Robert) (Entered: 06/19/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C (part 1)

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5 Exhibit C part 2

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F part 1

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9 Exhibit F part 2

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June 19, 2008

June 19, 2008

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43

RULE 56.1 STATEMENT. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

RECAP
44

ENDORSED LETTER addressed to Judge Lawrence M. McKeena from Robert William Yalen dated 6/23/08 re: that the parties requests that the Court enter an order modifying the current schedule so as to permit depositions to be taken through 7/2/08. This extension would not modify any other deadlines in the case. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 6/24/08) (pl) (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

RECAP
45

MOTION for Malick W. Ghachem to Appear Pro Hac Vice. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa.(dle) (Entered: 07/11/2008)

July 10, 2008

July 10, 2008

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47

SUPPLEMENT TO CIS ADMINISTRATIVE RECORD FOR BACKLONG IN PROCESSING NATURALIZATION APPLICATIONS filed by Donald Neufeld. (pl) (Entered: 07/14/2008)

July 11, 2008

July 11, 2008

PACER
48

ORDER granting 45 Motion for Malick W. Ghachem to Appear Pro Hac Vice. (Signed by Judge Lawrence M. McKenna on 7/9/08) (rw) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

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49

UNSIGNED ORDER TO SHOW CAUSE: Defendants shall show cause as to why an order Granting a preliminary Injunction, and class certification should not be issued, set forth herein. Oral Argument held July 15, 2008. See transcript. (jpo) (Entered: 07/16/2008)

July 15, 2008

July 15, 2008

PACER
50

REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

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51

REPLY AFFIRMATION of David J. Keevis in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit)(Yalen, Robert) (Entered: 07/18/2008)

2 Exhibit

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July 18, 2008

July 18, 2008

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52

REPLY AFFIRMATION of Kirti Vaidya Reddy in Support re: 38 MOTION to Dismiss in Part and Remand in Part, or in the Alternative for Summary Judgment.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Yalen, Robert) (Entered: 07/18/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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July 18, 2008

July 18, 2008

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53

TRANSCRIPT of proceedings held on 7/16/08 before Judge Lawrence M. McKenna. (ama) (Entered: 08/05/2008)

Aug. 5, 2008

Aug. 5, 2008

PACER
54

MEMO ENDORSED on DEFENDANTS' REPLY MEORANDUM OF LAW IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS IN PART AND REMAND IN PART, OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT. ENDORSEMENT: For the reasons set forth on the record on 8/7/2008, plaintiffs' motion for preliminary injunction motion for dismissal under F.R.C.P. 12(a)(6) is granted as to all claims in the complaint without prejudice to the continued pursuit by the named plaintiffs putative class members was one not yet naturalized of their naturalization proceedings. Defendants' motion for remand is denied and defendants' motion for summary judgment (not reached) is denied as moot. So ordered. (Signed by Judge Lawrence M. McKenna on 8/7/2008) (jpo) (Entered: 08/07/2008)

Aug. 7, 2008

Aug. 7, 2008

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55

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Tomoko Onozawa dated 8/13/08 re: The parties jointly propose the corrections to the transcript indicated on the attached Exhibit A. The Government proposes the additional correction listed on the attached Exhibit B; Plaintiff do not agree to this additional correction. ENDORSEMENT: All proposed corrections including that on exhibit B. Are approved. So Ordered. (Signed by Judge Lawrence M. McKenna on 8/14/08) (js) (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

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56

MOTION for Reconsideration re; 54 Order on Motion to Dismiss,,. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa.(Slack, Richard) (Entered: 08/19/2008)

Aug. 19, 2008

Aug. 19, 2008

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57

MEMORANDUM OF LAW in Support re: 56 MOTION for Reconsideration re; 54 Order on Motion to Dismiss,,.. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 08/19/2008)

Aug. 19, 2008

Aug. 19, 2008

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58

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Kirti Vaidya Reddy dated 8/21/2008 re: Counsel respectfully request that the deadline for its service of an opposition to the motion for reconsideration be set for September 3, 2008. ENDORSEMENT: Plaintiff's application for expedited briefing is denied. Defendant's response to plaintiff's motion is to be filed by 9/3/08. Plaintiff's may have until 9/10/08 to reply (but may, of course reply earlier) if the Court finds that a hearing and/or oral argument is needed, it will so notify all counsel. So Ordered. (Signed by Judge Lawrence M. McKenna on 8/22/2008) (jfe) Modified on 9/16/2008 (jfe). (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

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MEMORANDUM OF LAW in Opposition re: 56 MOTION for Reconsideration re; 54 Order on Motion to Dismiss,,.. Document filed by Andrea Quarantillo, Michael B. Mukasey, Robert S. Mueller, III, Michael Chertoff, Emilio Gonzalez. (Yalen, Robert) (Entered: 09/03/2008)

Sept. 3, 2008

Sept. 3, 2008

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60

TRANSCRIPT of proceedings held on 8/07/08 before Judge Lawrence M. McKenna. (ama) (Entered: 09/04/2008)

Sept. 4, 2008

Sept. 4, 2008

PACER
61

MEMORANDUM OF LAW in Support re: 49 Order to Show Cause - Unsigned. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

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62

DECLARATION of Foster S. Maer in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

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DECLARATION of Andres Giovanny Sanchez in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

RECAP
64

DECLARATION of Nancy Castro in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

RECAP
65

DECLARATION of Arturo Vargas in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

RECAP
66

DECLARATION of Omar M. Farfan in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

RECAP
67

DECLARATION of Manuel Alberto Martinez in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

RECAP
68

DECLARATION of Virginia Milanes in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Margoth Perez De Chalampa, Michael Chertoff. (Slack, Richard) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

RECAP
69

AFFIDAVIT of Margoth Perez De Chalampa in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Slack, Richard) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

RECAP
70

DECLARATION of Michael D. Sant'Ambrogio in Support re: 61 Memorandum of Law in Support. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6)(Slack, Richard) (Entered: 09/05/2008)

2 Part 2

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3 Part 3

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4 Part 4

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5 Part 5

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6 Part 6

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Sept. 5, 2008

Sept. 5, 2008

RECAP
71

DECLARATION of Michael D. Sant'Ambrogio in Support re: 61 Memorandum of Law in Support, 70 Declaration in Support,. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto, Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. (Attachments: # 1 Part 8, # 2 Part 9)(Slack, Richard) (Entered: 09/05/2008)

2 Part 8

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3 Part 9

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Sept. 5, 2008

Sept. 5, 2008

RECAP
72

MEMORANDUM AND ORDER: Reinstatements of Counts I and II having been denied, there is no adequate ground for reconsideration of the denial of preliminary injunction. Motion for reconsideration denied. (Signed by Judge Lawrence M. McKenna on 9/10/2008) (jfe) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
73

CLERK'S JUDGMENT That for the reasons stated in the Court's Memo Endorsed Order dated August 7, 2008, plaintiffs motions for a preliminary injunction and for class certification are denied; defendants motion for dismissal is granted under Fed. R. Civ. P. 12(b)(6) as to all claims in the complaint (without prejudice to the continued pursuit by the named plaintiffs and putative class members who have not yet been naturalized at their naturalization proceedings); defendants motion for remand is denied; and defendants motion for summary judgment (not reached) is denied as moot. (Signed by J. Michael McMahon, clerk on 9/11/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 09/11/2008)

2 notice of right to appeal

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Sept. 11, 2008

Sept. 11, 2008

PACER
74

NOTICE OF APPEAL from 73 Clerk's Judgment. Document filed by Virginia Milanes, Omar Miguel Farfan, Manuel Alberto Martinez, Andres Giovanny Sanchez, Nancy Castro, Margoth Perez De Chalampa. Filing fee $ 455.00, receipt number E 664036. (tp) (Entered: 09/25/2008)

Sept. 24, 2008

Sept. 24, 2008

PACER
75

TRANSCRIPT of proceedings (CORRECTED) held on 8/7/08 before Judge Lawrence M. McKenna. (ja) (Entered: 10/31/2008)

Oct. 23, 2008

Oct. 23, 2008

PACER
76

Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 74 Notice of Appeal, filed by Andres Giovanny Sanchez, Omar Miguel Farfan, Nancy Castro, Margoth Perez De Chalampa, Manuel Alberto, Martinez, Virginia Milanes USCA Case Number 08-47749, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 11/10/2008)

Nov. 10, 2008

Nov. 10, 2008

PACER
77

MANDATE of USCA (Certified Copy) as to 74 Notice of Appeal, filed by Andres Giovanny Sanchez, Omar Miguel Farfan, Nancy Castro, Margoth Perez De Chalampa, Manuel Alberto, Martinez, Virginia Milanes USCA Case Number 08-4749-cv. Ordered, Adjudged and Decreed that the judgments of the District Court is VACATED in part and the case is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 1/26/2010. (nd) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
78

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Tomoko Onozawa dated 2/3/2010 re: The parties jointly respectfully request that the Court schedule the forthcoming status conference for a date convenient to the Court on or after March 15, 2010. ENDORSEMENT: Conference scheduled for 3/19/10 at 3:00 P.M. So ordered. (Signed by Judge Lawrence M. McKenna on 2/4/2010) (tve) (Entered: 02/04/2010)

Feb. 4, 2010

Feb. 4, 2010

PACER
79

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Tomoko Onozawa dated 4/8/2010 re: The parties to the above-referenced matter jointly request an adjournment of the status conference scheduled for April 9, 2010. ENDORSEMENT: Conference adjourned to 4/28/10 at 3 p.m. So ordered. (Signed by Judge Lawrence M. McKenna on 4/9/2010) (tve) (Entered: 04/09/2010)

April 9, 2010

April 9, 2010

PACER
80

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Tomoko Onozawa, Kirti Vaidya Reddy and Robert William Yalen dated 4/28/2010 re: The parties jointly request an adjournment of the status conference scheduled for 4/28/2010 at 3 p.m. ENDORSEMENT: Conference adjourned to 5/14/10 at 10:30 A.M. So ordered. (Signed by Judge Lawrence M. McKenna on 4/29/2010) (tve) Modified on 4/30/2010 (ae). (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

PACER
81

ENDORSED LETTER: addressed to Judge Lawrence M. McKenna from Tomoko Onozawa dated 5/13/2010 re: The parties to the above referenced matter jointly request an adjournment of the status conference scheduled for tomorrow, May 14, 2010, at 10:30 a.m. ENDORSEMENT: Conference adjourned to 6/16/2010 at 4:00 p.m. So Ordered.) (Signed by Judge Lawrence M. McKenna on 5/14/2010) (js) Modified on 5/21/2010 (js). (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER
82

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Kirti Vaidya Reddy dated 6/16/10 re: counsel requests an adjournment of the status conference scheduled for today, June 16, 2010 to July 29, 2010 at 3:00 p.m. ENDORSEMENT: So Ordered. ( Status Conference set for 7/29/2010 at 03:00 PM before Judge Lawrence M. McKenna.) (Signed by Judge Lawrence M. McKenna on 6/17/10) (djc) (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

PACER
83

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Tomoko Onozawa, Kirti Vaidy Reddy, Robert Willian Yalen dated 7/28/2010 re: The parties to the above-referenced matter jointly request a final adjournment of the status conference scheduled for tomorrow, July 29, 2010, at 3:00 p.m. This is the parties' sixth joint request for an adjournment of the status conference. The adjournment will permit plaintiffs to review and discuss the form and substance of proposed settlement documents drafted by the Government. ENDORSEMENT: Conference adjourned to 9/10/10 at 3:00 p.m. So Ordered. (Signed by Judge Lawrence M. McKenna on 7/30/2010) (rw) (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
84

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Kirti Vaidya Reddy dated 9/10/2010 re: Requesting an adjournment of the status conference scheduled for September 10, 2010. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 9/13/2010) (jpo) (Entered: 09/13/2010)

Sept. 13, 2010

Sept. 13, 2010

PACER
85

STIPULATION AND ORDER OF DISMISSAL that the action be, and hereby is, held in abeyance until 7/29/11. On 7/29/11, in the event that plaintiffs have not sought reinstatement of this action pursuant to paragraphs 22 through 27 of the Settlement Agreement, the action shall be dismissed with prejudice, and plaintiffs waive any rights they may have to further appeal in this Action. (Signed by Judge Lawrence M. McKenna on 9/20/10) (cd) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
86

MOTION for Jason Parkin to Withdraw as Attorney for Plaintiffs. Document filed by Manuel Alberto, Nancy Castro, Margoth Perez De Chalampa, Omar Miguel Farfan, Martinez, Virginia Milanes, Andres Giovanny Sanchez.(Parkin, Jason) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
87

DECLARATION of Jason Parkin in Support re: 86 MOTION for Jason Parkin to Withdraw as Attorney for Plaintiffs.. Document filed by Manuel Alberto, Nancy Castro, Margoth Perez De Chalampa, Omar Miguel Farfan, Martinez, Virginia Milanes, Andres Giovanny Sanchez. (Attachments: # 1 Exhibit A)(Parkin, Jason) (Entered: 09/23/2010)

1 Exhibit A

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Sept. 23, 2010

Sept. 23, 2010

PACER
89

ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Kirti Vaidya Reddy dated 7/1/11 re: counsel for defendant writes respectfully to request dismissal of the above−referenced action. As USCIS has completed its reporting obligations pursuant to the terms of the Agreement of Settlement and Release and plaintiffs have not sought reinstatement, the action should be dismissed with prejudice. ENDORSEMENT: The above action is dismissed with prejudice as of 7/29/11. So Ordered. (Signed by Judge Lawrence M. McKenna on 7/11/11) (pl) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

88

ORDER granting 86 Motion to Withdraw as Attorney. Attorney Jason David Parkin terminated. (Signed by Judge Lawrence M. McKenna on 9/24/10) (jmi) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 6, 2008

Closing Date: July 29, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lawful permanent in New York who have submitted or will submit applications to be naturalized as United States citizens, and whose applications have not been or will not be adjudicated within 180 days.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Homeland Security, Federal

United States Citizenship and Immigration Services, Federal

Federal Bureau of Investigation, Federal

Attorney General of the United States, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Content of Injunction:

Preliminary relief denied

Issues

Immigration/Border:

U.S. citizenship - acquiring