Case: Blixt v. Tillerson [later Pompeo]

1:18-cv-00124 | U.S. District Court for the District of Columbia

Filed Date: Jan. 22, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 22, 2018, a mother and her minor son filed this lawsuit in the District Court for the District of Columbia. The plaintiffs sued the U.S. Department of State (DOS) for not granting U.S. citizenship to the child plaintiff because he was born outside of the U.S. to a same-sex dual-nationality couple. Represented by the nonprofit organization Immigration Equality and the private law firm Sullivan & Cromwell (who also represented plaintiffs in a similar lawsuit filed the same day), the pl…

On January 22, 2018, a mother and her minor son filed this lawsuit in the District Court for the District of Columbia. The plaintiffs sued the U.S. Department of State (DOS) for not granting U.S. citizenship to the child plaintiff because he was born outside of the U.S. to a same-sex dual-nationality couple. Represented by the nonprofit organization Immigration Equality and the private law firm Sullivan & Cromwell (who also represented plaintiffs in a similar lawsuit filed the same day), the plaintiffs sought declaratory and injunctive relief granting birthright U.S. citizenship to the child.

The adult plaintiff, a natural-born U.S. citizen, entered into a civil partnership with her Italian partner in England in 2009. (The partnership was later converted into a marriage after the legalization of same-sex marriage in England in 2015.) While living in England, both women each gave birth to one son, with sperm from a donor. Both the children's birth certificates listed only the names of the two mothers as parents.

However, when the mothers applied for U.S. citizenship for the two sons, DOS only recognized the citizenship of the son born to the U.S. citizen, under the Immigration and Nationality Act (INA) § 301(g) (8 U.S.C. § 1401(g)) (governing derivation of U.S. citizenship for a child born abroad to a U.S. citizen). DOS did not recognize U.S. citizenship of the child plaintiff born to the Italian woman because he lacked a biological or adoptive relationship to the U.S. citizen adult plaintiff. According to the plaintiffs, DOS erroneously considered this child born "out of wedlock" and not entitled to U.S. citizenship at birth under INA § 309 (8 U.S.C. § 1409).

The plaintiffs asserted that DOS had a policy of discrimination against the children of same-sex couples. Any child born to a U.S. citizen woman married to a man was born "in wedlock." But a child of a U.S. citizen who was not the biological or adoptive parent, but instead whose spouse conceived through reproductive technology, could be considered born "out of wedlock." The plaintiffs argued that this policy, which largely burdened same-sex couples, was unsupported by the INA's text and intent to keep families together, as well as case law supporting the rights of same-sex married couples.

The plaintiffs alleged that DOS's policy and its application to plaintiffs violated the Due Process and Equal Protection Clauses of the Fifth Amendment to the U.S. Constitution, as well as the Administrative Procedures Act (APA) as arbitrary, capricious, and contrary to the INA.

The case was assigned to Chief Judge Beryl A. Howell, and then reassigned to Judge Emmet G. Sullivan.

Status reports filed in May, July, and August 2018 indicated that the parties were continuing to try to resolve the matter without resorting to litigation.

On September 3, 2018, the DOS filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim. With respect to the constitutional claims, the DOS argued that the plaintiffs failed to state an Equal Protection claim because a legal and biological relationship was required for a child to acquire citizenship from a parent, regardless of sex or sexual orientation of the parent. The DOS argued that the substantive due process right must also fail because the plaintiffs failed to state a fundamental right upon which the government has infringed. The DOS further argued that the Declaratory Judgment Act does not provide a cause of action, and that the plaintiffs APA claim must fail because there is an adequate remedy at law and the Department’s interpretation of “parent” as requiring both a legal and biological relationship was reasonable.

On February 25, 2019, the Court ordered both parties to submit supplemental briefs concerning the DOS’s motion to dismiss, in light of the U.S. District Court for the Central District of California’s recent ruling in Dvash-Banks v. Pompeo, 2019 BL 63916 (C.D. Cal.), a summary of which can be found here.

On March 19, 2019, the parties filed their supplemental memorandum. While the DOS found aspects of that ruling to be flawed, it encouraged the court in the present case to strongly consider the court’s ruling insofar as it dismissed those plaintiffs’ APA and Declaratory Judgment Act claims. The plaintiffs, for their part, distinguished the dismissal of the APA claim in Dvash-Banks from the present case, and argued that the central holding from the Dvash-Banks court supports their argument that the child plaintiff acquired citizenship at birth.

In late 2019, the plaintiffs relocated from London to New Jersey. The parties subsequently filed a joint motion to transfer the case from the District Court of D.C. to the District Court of New Jersey. The motion was granted, and the case was transferred on February 14, 2020. The case was assigned to Judge Kevin McNulty and Magistrate Judge James B. Clark.

On July 14, 2020, the plaintiffs filed an amended complaint which added as a cause of action 8 U.S.C. § 1503(a), a provision of the INA that authorizes courts to make de novo determinations and judgments of citizenship. Accordingly, the plaintiffs eliminated their APA claim and instead claimed that the Court can and should use its independent authority under the INA to declare the child plaintiff a U.S. citizen.

A pretrial conference was held on September 14, 2020. Three days later, the Court ordered the parties to serve amended disclosures by September 28, 2020; to file a stipulation of agreed facts by September 28, 2020; to file motions for summary judgment by November 18, 2020; to file oppositions to such motions by January 4, 2021; and to file replies by February 4, 2021.

This case is ongoing.

Summary Authors

Ava Morgenstern (4/8/2018)

Virginia Weeks (7/17/2018)

Alexandra Gilewicz (3/31/2019)

Becca Rogers (10/15/2020)

Related Cases

Dvash-Banks v. Tillerson [Dvash-Banks v. Pompeo], Central District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6279075/parties/blixt-v-united-states-department-of-state/


Judge(s)

Clark, James B. III (New Jersey)

Attorney for Plaintiff

Blair, Scott E (New York)

Cassady, Elizabeth A. (District of Columbia)

Edelman, Theodore (New York)

Attorney for Defendant

Andrapalliyal, Vinita (District of Columbia)

show all people

Documents in the Clearinghouse

Document

1:18-cv-00124

Docket [PACER]

Blixt v. United States Department of State

Feb. 26, 2020

Feb. 26, 2020

Docket

1:18-cv-00124

2:20-cv-02102

Docket [PACER]

Blixt v. U.S. Department of State

U.S. District Court for the District of New Jersey

Sept. 21, 2020

Sept. 21, 2020

Docket
1

1:18-cv-00124

Preliminary Statement

Blixt v. United States Department of State

Jan. 22, 2018

Jan. 22, 2018

Complaint
31

1:18-cv-00124

Defendants' Motion to Dismiss and Memorandum in Support

Blixt v. United States Department of State

Sept. 3, 2018

Sept. 3, 2018

Pleading / Motion / Brief

2018 WL 2018

36

1:18-cv-00124

Plaintiffs'Memorandum in Opposition to Defendants' Motion to Dismiss

Blixt v. United States Department of State

March 19, 2019

March 19, 2019

Internal memorandum
37

1:18-cv-00124

Supplemental Memorandum in Support of Defendants' Motion to Dismiss

Blixt v. United States Department of State

March 19, 2019

March 19, 2019

Internal memorandum
48

1:18-cv-00124

2:20-cv-02102

Joint Motion for Transfer Pursuant to 28 U.S.C. § 1404(a)

Blixt v. United States Department of State

Feb. 13, 2020

Feb. 13, 2020

Pleading / Motion / Brief
56 & 56-1 to 56-5

2:20-cv-02102

First Amended Complaint

Blixt v. United States Department of State

U.S. District Court for the District of New Jersey

July 14, 2020

July 14, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6279075/blixt-v-united-states-department-of-state/

Last updated March 17, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5295125) filed by Lucas Alexander Zaccari-Blixt, Allison Dawn Blixt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Summons Summons to the Department of State, # 7 Summons Summons to Rex W. Tillerson, in his official capacity, # 8 Civil Cover Sheet Civil Cover Sheet)(Cassady, Elizabeth) Modified on 1/22/2018 to correct docket text (jf). (Attachment 8 replaced on 1/24/2018) (jd) (Entered: 01/22/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Summons Summons to the Department of State

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7 Summons Summons to Rex W. Tillerson, in his official capacity

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8 Civil Cover Sheet Civil Cover Sheet

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Jan. 22, 2018

Jan. 22, 2018

RECAP
2

NOTICE of Appearance by Elizabeth A. Cassady on behalf of All Plaintiffs (Cassady, Elizabeth) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
3

MOTION Waive Identification of Address Requirements of Local Rule 5.1(c)(1) by Allison Dawn Blixt, Lucas Alexander Zaccari-Blixt (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cassady, Elizabeth) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER

Case Assigned to Chief Judge Beryl A. Howell. (jd)

Jan. 22, 2018

Jan. 22, 2018

PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Theodore, :Firm- Edelman, :Address- 125 Broad Street, New York, NY 10004-2498. Phone No. - (212) 558-3436. Fax No. - (212) 291-9045 Fee Status: No Fee Paid. by Allison Dawn Blixt, Lucas Alexander Zaccari-Blixt (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Cassady, Elizabeth) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jessica M. Klein, :Firm- Sullivan & Cromwell, :Address- 125 Broad Street, New York, NY 10004-2498. Phone No. - (212) 558-3153. Fax No. - (212) 291-9357 Fee Status: No Fee Paid. by Allison Dawn Blixt, Lucas Alexander Zaccari-Blixt (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Cassady, Elizabeth) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Scott E. Blair, :Firm- Sullivan & Cromwell, :Address- 125 Broad Street, New York, NY 10004-2498. Phone No. - (212) 558-3413. Fax No. - (212) 291-9724 Fee Status: No Fee Paid. by Allison Dawn Blixt, Lucas Alexander Zaccari-Blixt (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Cassady, Elizabeth) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexandra H. Moss, :Firm- Sullivan & Cromwell, :Address- 125 Broad Street, New York, NY 10004-2498. Phone No. - (212) 558-4334. Fax No. - (212) 291-9502 Fee Status: No Fee Paid. by Allison Dawn Blixt, Lucas Alexander Zaccari-Blixt (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Cassady, Elizabeth) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew K. Jennings, :Firm- Sullivan & Cromwell, :Address- 125 Broad Street, New York, NY 10004-2498. Phone No. - (212) 558-3197. Fax No. - (212) 558-3588 Fee Status: No Fee Paid. by Allison Dawn Blixt, Lucas Alexander Zaccari-Blixt (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Cassady, Elizabeth) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
9

SUMMONS (2) Issued Electronically as to REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Notice and Consent)(jd) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER

SUMMONS Not Issued as to United States Attorney General and United States Attorney for the District of Columbia. (jd)

Jan. 24, 2018

Jan. 24, 2018

PACER

Filing fee received in the amount of $ 100.00, receipt number: 4616089173 re 4 MOTION for Leave to Appear Pro Hac Vice. (zrdj)

Jan. 24, 2018

Jan. 24, 2018

PACER

Filing fee received in the amount of $ 100.00, receipt number: 4616089174 re 5 MOTION for Leave to Appear Pro Hac Vice. (zrdj)

Jan. 24, 2018

Jan. 24, 2018

PACER

Filing fee received in the amount of $ 100.00, receipt number: 4616089175 re 6 MOTION for Leave to Appear Pro Hac Vice. (zrdj)

Jan. 24, 2018

Jan. 24, 2018

PACER

Filing fee received in the amount of $ 100.00, receipt number: 4616089177 re 7 MOTION for Leave to Appear Pro Hac Vice. (zrdj)

Jan. 24, 2018

Jan. 24, 2018

PACER

Filing fee received in the amount of $ 100.00, receipt number: 4616089176 re 8 MOTION for Leave to Appear Pro Hac Vice. (zrdj)

Jan. 24, 2018

Jan. 24, 2018

PACER
10

Case randomly reassigned to Judge Emmet G. Sullivan. Chief Judge Beryl A. Howell is no longer assigned to the case. (ztnr) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
11

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 1/29/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER

MINUTE ORDER granting 4, 5, 6, 7, 8 motions for pro hac vice. Attorneys Theodore Edelman, Jessica Klein, Scott Blair, Alexandra Moss, and Andrew Jennings are hereby admitted to practice pro hac vice in this case pursuant to Local Rule 83.2. The Court also hereby grants 3 plaintiffs' motion to waive the address requirements of Local Rule 5.1(c)(1), finding that such action is needed to protect the interests of the young child involved. Signed by Judge Emmet G. Sullivan on 1/31/2018. (lcegs3)

Jan. 31, 2018

Jan. 31, 2018

PACER
12

CERTIFICATE OF SERVICE by ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT for Defendant U.S. Department of State (service to the Attorney General). (Cassady, Elizabeth) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
13

CERTIFICATE OF SERVICE by ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT for Defendant U.S. Department of State (service to U.S. Attorney). (Cassady, Elizabeth) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
14

CERTIFICATE OF SERVICE by ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT for Defendant U.S. Department of State. (Cassady, Elizabeth) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
15

CERTIFICATE OF SERVICE by ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT for Defendant Hon. Rex W. Tillerson (service to the Attorney General). (Cassady, Elizabeth) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
16

CERTIFICATE OF SERVICE by ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT for Defendant Hon. Rex W. Tillerson (service to U.S. Attorney). (Cassady, Elizabeth) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
17

CERTIFICATE OF SERVICE by ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT for Defendant Hon. Rex W. Tillerson. (Cassady, Elizabeth) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
18

CERTIFICATE OF SERVICE by ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT re 11 Order, Service of Standing Order to Defendants (service to counsel). (Cassady, Elizabeth) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
19

NOTICE OF WITHDRAWAL OF APPEARANCE as to ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT. Attorney Scott E. Blair terminated. (Cassady, Elizabeth) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
20

CERTIFICATE OF SERVICE by ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT re 19 Notice of Withdrawal of Appearance of Scott E. Blair. (Cassady, Elizabeth) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
21

NOTICE of Appearance by Vinita B. Andrapalliyal on behalf of REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE (Andrapalliyal, Vinita) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER
22

Joint MOTION to Extend Case Deadlines by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER

MINUTE ORDER granting 22 joint motion to extend case deadlines. The parties shall therefore file a joint status report by no later than May 29, 2018 to update the Court as to the status of the parties' efforts to resolve this lawsuit. The defendant is also ordered to respond to the complaint by May 29, 2018. Signed by Judge Emmet G. Sullivan on 3/30/2018. (lcegs3)

March 30, 2018

March 30, 2018

PACER

Set/Reset Deadlines: Joint Status Report due by 5/29/2018. Defendant Response To The Conplaint due by 5/29/2018. (mac)

March 30, 2018

March 30, 2018

PACER
23

Joint STATUS REPORT by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE. (Andrapalliyal, Vinita) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
24

Joint MOTION for Extension of Time Extend Case Deadlines by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) Modified event title on 5/25/2018 (znmw). (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER

MINUTE ORDER granting 24 joint motion to extend case deadlines, in view of the parties' representations that they are engaging in settlement discussions. The deadline for the defendants to respond to the complaint shall therefore be stayed. The parties are ordered to file a joint status report by no later than July 16, 2018 updating the Court as to the status of the parties' discussions and efforts to resolve this lawsuit. Signed by Judge Emmet G. Sullivan on 5/25/2018. (lcegs3)

May 25, 2018

May 25, 2018

PACER

Set/Reset Deadlines: Joint Status Report due by 7/16/2018 updating the Court as to the status of the parties' discussions and efforts to resolve this lawsuit. (jth)

May 27, 2018

May 27, 2018

PACER
25

NOTICE OF WITHDRAWAL OF APPEARANCE as to ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT. Attorney Alexandra H. Moss terminated. (Cassady, Elizabeth) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
26

Joint STATUS REPORT by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE. (Andrapalliyal, Vinita) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
27

Joint MOTION Extend Case Management Deadlines by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER

MINUTE ORDER granting 27 joint motion to extend case deadlines, in view of the parties' representations that they are engaging in settlement discussions. The deadline for the defendants to respond to the complaint shall therefore be stayed. The parties are ordered to file a joint status report by no later than August 6, 2018 updating the Court as to the status of the parties' discussions and efforts to resolve this lawsuit. Signed by Judge Emmet G. Sullivan on 7/16/2018. (lcegs3)

July 16, 2018

July 16, 2018

PACER
28

Joint STATUS REPORT by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE. (Andrapalliyal, Vinita) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
29

Joint MOTION for Extension of Time to Respond to Complaint, Joint MOTION for Briefing Schedule by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER

MINUTE ORDER granting 29 defendants' consent motion for extension of time to answer the complaint. The parties shall therefore adhere to the following briefing schedule: (1) defendants shall file a motion to dismiss by no later than September 3, 2018; (2) plaintiffs' response shall be filed by no later than October 17, 2018; (3) defendants' reply shall be filed by no later than November 7, 2018. Signed by Judge Emmet G. Sullivan on 8/3/2018. (lcegs3)

Aug. 3, 2018

Aug. 3, 2018

PACER
30

NOTICE OF WITHDRAWAL OF APPEARANCE as to ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT. Attorney Andrew K. Jennings terminated. (Cassady, Elizabeth) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER

Set/Reset Deadlines: Motion To Dismiss due by 9/3/2018. Plaintiffs' Response due by 10/17/2018 Defendants' Reply due by 11/7/2018. (mac)

Aug. 3, 2018

Aug. 3, 2018

PACER
31

MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 09/03/2018)

1 Memorandum in Support

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2 Text of Proposed Order

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Sept. 3, 2018

Sept. 3, 2018

PACER
32

Memorandum in opposition to re 31 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT. (Attachments: # 1 Text of Proposed Order)(Cassady, Elizabeth) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
33

REPLY to opposition to motion re 31 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE. (Andrapalliyal, Vinita) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
34

Ex Parte MOTION to Appoint Guardian ad Litem by ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT (Attachments: # 1 Memorandum in Support of Ex Parte Application for Appointment of Guardian Ad Litem, # 2 Declaration of Elizabeth A. Cassady in Support of Ex Parte Application, # 3 Declaration of Stefania Zaccari in Support of Ex Parte Application, # 4 Text of Proposed Order)(Cassady, Elizabeth) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER

MINUTE ORDER treating 34 ex parte motion for appointment of guardian ad litem as an unopposed motion and granting the relief requested. Pursuant to Federal Rule of Civil Procedure 17(c)(2), the Court hereby appoints Stefania Zaccari as the guardian ad litem for Plaintiff Lucas Alexander Zaccari-Blixt. Signed by Judge Emmet G. Sullivan on 02/13/19. (mac)

Feb. 13, 2019

Feb. 13, 2019

PACER

MINUTE ORDER. In light of the recent decision in Andrew Mason Dvash-Banks et al. v. Michael R. Pompeo et al., No. 18-cv-523-JFW (JCx) (C.D. Cal. Feb. 21, 2019), ECF No. 123 at 8 (concluding that "Section 301 [of the Immigration and Nationality Act, 8 U.S.C. ยง 1401,] does not require a person born during their parents' marriage to demonstrate a biological relationship with both of their married parents."), the Court directs the parties to file supplemental briefs concerning 31 Defendant's Motion to Dismiss by no later than March 15, 2019. Each submission shall not exceed five pages. The parties need not address the issue of whether or not the recent decision is non-binding, persuasive authority. Signed by Judge Emmet G. Sullivan on 2/25/2019. (lcegs3)

Feb. 25, 2019

Feb. 25, 2019

PACER

Set/Reset Deadlines: Supplemental Briefs due by 3/15/2019. (mac)

Feb. 25, 2019

Feb. 25, 2019

PACER
35

MOTION for Extension of Time to File Supplemental Briefing by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER

Order on Motion for Extension of Time to

March 13, 2019

March 13, 2019

PACER

MINUTE ORDER granting over objection 35 Defendants' Motion for Extension of Time to File Supplemental Briefing. The parties shall file their supplemental briefs by no later than March 19, 2019. Defendants are advised that any future request for an extension of time as to the supplemental briefing will be strongly disfavored. Signed by Judge Emmet G. Sullivan on 3/13/2019. (lcegs3)

March 13, 2019

March 13, 2019

PACER

Set/Reset Deadlines

March 14, 2019

March 14, 2019

PACER

Set/Reset Deadlines: Supplemental Briefing due by 3/19/2019. (mac)

March 14, 2019

March 14, 2019

PACER
36

SUPPLEMENTAL MEMORANDUM 32 Memorandum in opposition to re 31 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by ALLISON DAWN BLIXT, LUCAS ALEXANDER ZACCARI-BLIXT. (Cassady, Elizabeth) Modified on 3/20/2019 (jf). (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
37

SUPPLEMENTAL MEMORANDUM re 31 Support of Motion to Dismiss filed by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE. (Andrapalliyal, Vinita) Modified on 3/20/2019 (jf). (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER

.Order

April 1, 2019

April 1, 2019

PACER

MINUTE ORDER. The Court will hold a status hearing in this case on April 10, 2019 at 1:00 PM in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 4/1/2019. (lcegs3)

April 1, 2019

April 1, 2019

PACER

.Order

April 2, 2019

April 2, 2019

PACER

MINUTE ORDER. Due to the Court's calendar, the status hearing currently scheduled for April 10, 2019 at 1:00 PM will now take place on May 15, 2019 at 1:00 PM in Courtroom 24A. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on 4/2/2019. (lcegs3)

April 2, 2019

April 2, 2019

PACER

Set/Reset Hearings

April 3, 2019

April 3, 2019

PACER

Set/Reset Hearings: Status Conference set for 5/15/2019 at 1:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac)

April 3, 2019

April 3, 2019

PACER

.Order

May 15, 2019

May 15, 2019

PACER

MINUTE ORDER. Due to the Court's calendar, the status hearing currently scheduled for May 15, 2019 at 1:00 PM will now take place on May 15, 2019 at 1:30 PM in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on 5/15/2019. (lcegs3)

May 15, 2019

May 15, 2019

PACER

Status Conference

May 15, 2019

May 15, 2019

PACER

Order on Motion to Dismiss/Lack of Jurisdiction

May 15, 2019

May 15, 2019

PACER

Order on Motion to Dismiss

May 15, 2019

May 15, 2019

PACER

Order Referring Case to Magistrate Judge

May 15, 2019

May 15, 2019

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 5/15/2019. The Court Will Deny 31 Motion to Dismiss, Motion to Dismiss for Lack of Jurisdiction. The Court Will Issue Order Forthcoming. (Court Reporter JANICE DICKMAN.) (mac)

May 15, 2019

May 15, 2019

PACER

MINUTE ORDER denying 31 Defendants' Motion to Dismiss for the reasons stated on the record during the hearing held on May 15, 2019. The parties are directed to submit a joint status report by no later than May 31, 2019. The government is directed to file the administrative record by no later than June 30, 2019. Signed by Judge Emmet G. Sullivan on 5/15/2019. (lcegs3)

May 15, 2019

May 15, 2019

PACER

MINUTE ORDER REFERRING CASE to Magistrate Judge Robin M. Meriweather for Mediation and Discovery. In light of the parties' representations at the hearing held on May 15, 2019, the Court refers this case to Magistrate Judge Meriweather for mediation and discovery. The parties are directed to adhere to Magistrate Judge Meriweather's procedures for all discovery-related motions. Signed by Judge Emmet G. Sullivan on 5/15/2019. (lcegs3)

May 15, 2019

May 15, 2019

PACER

CASE DIRECTLY REFERRED to Magistrate Judge Robin M. Meriweather for mediation and discovery. (zad)

May 15, 2019

May 15, 2019

PACER

Set/Reset Deadlines

May 16, 2019

May 16, 2019

PACER

.Order

May 16, 2019

May 16, 2019

PACER

Case Referred to Magistrate Judge

May 16, 2019

May 16, 2019

PACER

Set/Reset Deadlines: Government To File Administrative Record due by 6/30/2019. Joint Status Report due by 5/31/2019. (mac)

May 16, 2019

May 16, 2019

PACER

MINUTE ORDER. The parties are directed to file their initial disclosures required under Federal Rule of Civil Procedure 26(a)(1) by no later than May 29, 2019. Signed by Judge Emmet G. Sullivan on 5/16/2019. (lcegs3)

May 16, 2019

May 16, 2019

PACER

Set/Reset Deadlines: Initial Disclosures due by 5/29/2019. (mac)

May 16, 2019

May 16, 2019

PACER
38

TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on May 15, 2019; Page Numbers: 1-55. Date of Issuance:May 21, 2019. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(Dickman, Janice) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
39

Unopposed MOTION for Extension of Time to File Answer by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER

Order on Motion for Extension of Time to Answer

May 30, 2019

May 30, 2019

PACER

MINUTE ORDER granting 39 Defendants' Unopposed Motion for Extension of Time to File Answer. Defendants shall file their answer to the complaint by no later than June 14, 2019. Signed by Judge Emmet G. Sullivan on 5/30/2019. (lcegs3)

May 30, 2019

May 30, 2019

PACER
40

Joint STATUS REPORT by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE. (Andrapalliyal, Vinita) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
41

ANSWER to Complaint by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE.(Andrapalliyal, Vinita) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
42

NOTICE of Appearance by Lisa Zeidner Marcus on behalf of All Defendants (Marcus, Lisa) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
43

NOTICE of Filing of Certified Index of the Administrative Record by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Certification, # 2 Index)(Andrapalliyal, Vinita) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
44

NOTICE : Letter to the Hon. Robin M. Meriweather from the Parties by REX W. TILLERSON, UNITED STATES DEPARTMENT OF STATE (Andrapalliyal, Vinita) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

RECAP
45

NOTICE of Filing of Letter to Judges Sullivan and Meriweather by ALLISON DAWN BLIXT (Cassady, Elizabeth) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER

Notice of QC

Oct. 3, 2019

Oct. 3, 2019

PACER

NOTICE OF ERROR re 45 Notice (Other); emailed to cassadye@sullcrom.com, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. DO NOT REFILE - Counsel should review LCvR 5.1 (a) CORRESPONDENCE WITH THE COURT. (jf)

Oct. 3, 2019

Oct. 3, 2019

PACER

.Order

Oct. 15, 2019

Oct. 15, 2019

PACER

Set/Reset Deadlines

Oct. 15, 2019

Oct. 15, 2019

PACER

MINUTE ORDER. In view of 45 Notice of Filing of Letter to Judges Sullivan and Meriweather that states Plaintiffs intend to relocate to the United States, the parties are directed to file a joint status report with a recommendation for further proceedings by no later than 12:00 PM on October 25, 2019. The government is directed to address what impact, if any, will L.Z.-B.'s application for permanent residency have on this case. The parties shall adhere to the directives in the 11 Court's Standing Order for all future filings. See Standing Order, ECF No. 11 at 2 ยง 3(b) ("Parties are to communicate with the Court in writing by motion, opposition, and reply; not by letter or telephone call."). Signed by Judge Emmet G. Sullivan on 10/15/2019. (lcegs3)

Oct. 15, 2019

Oct. 15, 2019

PACER

Set/Reset Deadlines: Joint Status Report due no later than 12:00PM on 10/25/2019. (mac)

Oct. 15, 2019

Oct. 15, 2019

PACER
46

Joint STATUS REPORT dated October 25, 2019 by ALLISON DAWN BLIXT, STEFANIA ZACCARI, LUCAS ALEXANDER ZACCARI-BLIXT. (Attachments: # 1 Text of Proposed Order)(Cassady, Elizabeth) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER

Set/Reset Deadlines

Oct. 30, 2019

Oct. 30, 2019

PACER

Case Stayed

Oct. 30, 2019

Oct. 30, 2019

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 22, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. citizen mother and son, the latter born abroad and denied U.S. citizenship

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of State, Federal

Defendant Type(s):

Jurisdiction-wide

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.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Family reunification

Government services

Juveniles

Marriage

Jails, Prisons, Detention Centers, and Other Institutions:

Youth / Adult separation

LGBTQ+:

LGBTQ+

Discrimination-basis:

Family discrimination

Sexual orientation

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Family Separation

Status/Classification

U.S. citizenship - acquiring

Visas - criteria

Visas - procedures