1
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COMPLAINT against L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400, receipt number 4616092777) with Jury Demand filed by AFGHAN AND IRAQI ALLIES. (Attachments: # 1 Civil Cover Sheet)(ztd) (Entered: 06/13/2018)
1 Civil Cover Sheet
View on PACER
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June 12, 2018
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RECAP
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2
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MOTION for Leave to File Complaint and Motion for Class Certification Under Pseudonyms by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(ztd) (Entered: 06/13/2018)
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June 12, 2018
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PACER
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3
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MOTION to Certify Class, MOTION Appointment of Class Representatives and Counsel by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(ztd) Modified on 6/15/2018 (znmw). Added MOTION to Appoint Lead Counsel on 6/15/2018 (znmw). (Entered: 06/13/2018)
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June 12, 2018
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PACER
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4
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SEALED MOTION TO CERTIFY CLASS AND APPOINTMENT OF CLASS REPRESENTATIVES AND COUNSEL filed by AFGHAN AND IRAQI ALLIES. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(ztd) (Entered: 06/13/2018)
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June 12, 2018
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PACER
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5
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SEALED MOTION for Leave to File Complaint and Motion for Class Certification Under Pseudonyms filed by AFGHAN AND IRAQI ALLIES. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(ztd) (Entered: 06/13/2018)
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June 12, 2018
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PACER
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7
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ORDER granting 2 Motion for Leave to File Complaint and Motion for Class Certification Under Pseudonyms. Signed by Chief Judge Beryl A. Howell on 6/12/2018. (zrdj) Modified to correct typo on 6/22/2018 (tg). (Entered: 06/14/2018)
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June 12, 2018
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RECAP
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6
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SUMMONS (7) Issued Electronically as to L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (ztd) (Entered: 06/13/2018)
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June 13, 2018
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PACER
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8
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NOTICE of Appearance by Mariko Hirose on behalf of All Plaintiffs (Hirose, Mariko) (Entered: 06/15/2018)
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June 15, 2018
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PACER
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9
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CERTIFICATE OF SERVICE by AFGHAN AND IRAQI ALLIES re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel, 2 MOTION for Leave to File, 1 Complaint, 6 Summons Issued Electronically, 7 Order on Motion for Leave to File, Order on Sealed Motion (Affidavit of Service on Michael R. Pompeo, c/o United States Department of State; Carl C. Risch, c/o United States Department of State; United States Department of State; Kirstjen Nielson, c/o United States Department of Homeland Security; L. Francis Cissna, c/o United States Department of Homeland Security; Donald Neufeld, c/o United States Department of Homeland Security; United States Department of Homeland Security; Attorney General of the United States). (Leitner, Shannon) (Entered: 06/18/2018)
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June 18, 2018
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PACER
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10
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ENTERED IN ERROR. . . . .CERTIFICATE OF SERVICE by AFGHAN AND IRAQI ALLIES re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel, 2 MOTION for Leave to File, 1 Complaint, 6 Summons Issued Electronically, 7 Order on Motion for Leave to File, Order on Sealed Motion (Affidavit of Service on the US Attorney, District of Columbia). (Leitner, Shannon) Modified on 6/19/2018 (ztd). (Entered: 06/18/2018)
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June 18, 2018
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PACER
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11
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NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Carilli, Joseph) (Entered: 06/18/2018)
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June 18, 2018
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PACER
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12
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NOTICE of Appearance by William M. Martin on behalf of All Defendants (Martin, William) (Entered: 06/18/2018)
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June 18, 2018
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PACER
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NOTICE OF ERROR re 10 Certificate of Service; emailed to Shannon.LEITNER@freshfields.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Refile using the events under Initial Pleadings and Service, Service of Process and then select Summons Returned Executed as to U.S. Attorney. (ztd, )
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June 19, 2018
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PACER
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13
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/14/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/13/2018. (Leitner, Shannon) (Entered: 06/19/2018)
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June 19, 2018
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PACER
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14
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Consent MOTION for Protective Order by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) (Entered: 06/20/2018)
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June 20, 2018
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PACER
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15
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NOTICE of Appearance by Linda H. Martin on behalf of AFGHAN AND IRAQI ALLIES (Martin, Linda) (Entered: 06/26/2018)
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June 26, 2018
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PACER
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16
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NOTICE of Appearance by Rebecca Curwin on behalf of AFGHAN AND IRAQI ALLIES (Curwin, Rebecca) (Entered: 06/26/2018)
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June 26, 2018
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PACER
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17
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NOTICE of Appearance by Allison Wilson on behalf of AFGHAN AND IRAQI ALLIES (Wilson, Allison) (Entered: 06/26/2018)
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June 26, 2018
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PACER
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18
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Joint MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel with STATUS REPORT ON SCHEDULING by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered: 06/27/2018)
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June 27, 2018
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PACER
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19
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STATUS REPORT by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE; (See docket entry no. 18 to view.) (ztd) (Entered: 06/28/2018)
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June 27, 2018
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PACER
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20
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Joint STATUS REPORT on Scheduling by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Martin, William) (Entered: 07/03/2018)
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July 3, 2018
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PACER
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21
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NOTICE of Appearance by David Yury Livshiz on behalf of AFGHAN AND IRAQI ALLIES (Livshiz, David) (Entered: 07/09/2018)
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July 9, 2018
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PACER
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22
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Joint STATUS REPORT by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 07/11/2018)
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July 11, 2018
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PACER
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23
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AMENDED COMPLAINT (Amended Class Action Complaint) against L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE filed by AFGHAN AND IRAQI ALLIES.(Leitner, Shannon) (Entered: 07/12/2018)
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July 12, 2018
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PACER
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24
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Joint MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 07/18/2018)
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July 18, 2018
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PACER
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25
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VACATED PURSUANT OT ORDER 55 FILED ON 03/20/19.....ORDER granting 14 Motion for Protective Order. Signed by Judge Tanya S. Chutkan on 7/18/18. (DJS) Modified on 3/26/2019 (tb). (Entered: 07/18/2018)
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July 18, 2018
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PACER
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26
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SEALED DOCUMENT filed by AFGHAN AND IRAQI ALLIES re 7 Order on Motion for Leave to File, Order on Sealed Motion (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Certificate of Service)(Leitner, Shannon) (Entered: 07/19/2018)
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July 19, 2018
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PACER
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MINUTE ORDER: Granting 24 in part and denying in part Joint Motion for Extension of Time to File Response/Reply. Defendants' response to Plaintiffs' Motion for Class Certification 3 is due by July 26, 2018. Plaintiffs' reply in support of Class Certification Motion is due August 9, 2018. Signed by Judge Tanya S. Chutkan on 7/25/18. (DJS)
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July 25, 2018
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PACER
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Set/Reset Deadlines: Response due by 7/26/2018. Reply due by 8/9/2018. (tb)
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July 26, 2018
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PACER
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27
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Memorandum in opposition to re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel filed by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 07/26/2018)
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July 26, 2018
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PACER
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28
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Joint MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) (Entered: 08/08/2018)
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Aug. 8, 2018
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PACER
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MINUTE ORDER: Granting Joint Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that Plaintiffs' reply in support of Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Counsel 3 is due on Thursday, August 16, 2018. Signed by Judge Tanya S. Chutkan on 8/8/2018. (lctsc3).
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Aug. 8, 2018
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PACER
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Set/Reset Deadlines: Reply due by 8/16/2018. (tb)
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Aug. 9, 2018
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PACER
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29
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ERRATA by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE 27 Memorandum in Opposition, filed by L. FRANCIS CISSNA, CARL C. RISCH, KIRSTJEN NIELSEN, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, DONALD NEUFELD, MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 08/13/2018)
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Aug. 13, 2018
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PACER
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30
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MOTION to Dismiss by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Carilli, Joseph) (Entered: 08/13/2018)
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Aug. 13, 2018
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PACER
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31
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REPLY to opposition to motion re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel filed by AFGHAN AND IRAQI ALLIES. (Leitner, Shannon) (Entered: 08/16/2018)
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Aug. 16, 2018
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PACER
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32
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REQUEST for oral argument by AFGHAN AND IRAQI ALLIES. (See Docket Entry 31 to view document). (tth) (Entered: 08/17/2018)
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Aug. 16, 2018
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PACER
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ENTERED IN ERROR.....NOTICE OF ERROR re 31 Reply to opposition to Motion; emailed to Shannon.LEITNER@freshfields.com, cc'd 12 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry (ztth, ) Modified on 8/17/2018 (jf).
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Aug. 17, 2018
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PACER
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NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry re Notice of QC, was entered in error and counsel was instructed to disregard docket entry.(jf)
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Aug. 17, 2018
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PACER
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33
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Joint MOTION for Briefing Schedule by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 08/20/2018)
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Aug. 20, 2018
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PACER
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34
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MOTION for Preliminary Injunction by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Steven Miska, # 3 Exhibit A, # 4 Exhibit B, # 5 Declaration of Stephen Poellot, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Declaration of Allison Wilson, # 13 Exhibit 1, # 14 Exhibit 2, # 15 Exhibit 3, # 16 Exhibit 4, # 17 Exhibit 5, # 18 Exhibit 6, # 19 Exhibit 7, # 20 Exhibit 8, # 21 Exhibit 9, # 22 Exhibit 10, # 23 Exhibit 11)(Leitner, Shannon) (Entered: 09/07/2018)
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Sept. 7, 2018
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PACER
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35
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MOTION to Expedite Discovery by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order, # 2 Plaintiffs' First Request for Production of Documents, # 3 Notice of Deposition Department of State, # 4 Notice of Deposition Department of Homeland Security)(Leitner, Shannon) (Entered: 09/07/2018)
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Sept. 7, 2018
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PACER
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36
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Memorandum in opposition to re 30 MOTION to Dismiss filed by AFGHAN AND IRAQI ALLIES. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of John Doe-Echo, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Declaration John Doe-Alpha, # 9 Exhibit A, # 10 Exhibit B, # 11 Exhibit C, # 12 Exhibit D, # 13 Declaration of Stephen Poellot, # 14 Exhibit A, # 15 Exhibit B, # 16 Exhibit C, # 17 Exhibit D, # 18 Exhibit E, # 19 Exhibit F)(Leitner, Shannon) (Entered: 09/07/2018)
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Sept. 7, 2018
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PACER
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MINUTE ORDER: Granting 33 Joint Motion for Briefing Schedule. Plaintiffs' response to Defendants' motion to dismiss, as well as Plaintiffs' motion for preliminary injunction and motion for expedited discovery due on September 7, 2018. Defendants' reply in support of their motion to dismiss, in part, and response to Plaintiffs' motion for preliminary injunction/motion for expedited discovery due on September 21, 2018. Plaintiffs' reply in support of the motion for preliminary injunction and motion for expedited discovery due October 5, 2018. Signed by Judge Tanya S. Chutkan on 9/13/18. (DJS)
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Sept. 13, 2018
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PACER
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Set/Reset Deadlines: Response to Dispositive Motion due by 9/7/2018. Reply to Dispositive Motion due by 9/21/2018. Motion due by 9/7/2018. Response due by 9/21/2018. Replies due by 10/5/2018. (tb)
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Sept. 14, 2018
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PACER
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37
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NOTICE of Appearance by Evan A. Young on behalf of Ryan C. Crocker (Young, Evan) (Entered: 09/14/2018)
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Sept. 14, 2018
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PACER
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38
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Unopposed MOTION for Leave to File Amicus Brief by Ryan C. Crocker (Young, Evan) (Entered: 09/14/2018)
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Sept. 14, 2018
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PACER
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39
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Joint MOTION to Modify Briefing Schedule by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered: 09/19/2018)
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Sept. 19, 2018
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PACER
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ORDER granting 38 Motion for Leave to File Amicus Brief. Signed by Judge Tanya S. Chutkan on 9/26/18. (DJS)
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Sept. 26, 2018
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PACER
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40
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AMICUS BRIEF by RYAN C. CROCKER. (td) (Entered: 09/27/2018)
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Sept. 26, 2018
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PACER
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41
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RESPONSE re 35 MOTION to Expedite Discovery filed by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 09/28/2018)
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Sept. 28, 2018
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PACER
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42
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RESPONSE re 34 MOTION for Preliminary Injunction filed by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 09/28/2018)
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Sept. 28, 2018
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PACER
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43
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REPLY to opposition to motion re 30 MOTION to Dismiss filed by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 09/28/2018)
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Sept. 28, 2018
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PACER
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44
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REPLY to opposition to motion re 34 MOTION for Preliminary Injunction filed by AFGHAN AND IRAQI ALLIES. (Leitner, Shannon) (Entered: 10/16/2018)
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Oct. 16, 2018
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PACER
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45
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REPLY to opposition to motion re 35 MOTION to Expedite Discovery filed by AFGHAN AND IRAQI ALLIES. (Leitner, Shannon) (Entered: 10/16/2018)
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Oct. 16, 2018
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PACER
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MINUTE ORDER: The parties' September 19, 2018 joint motion 39 to modify the briefing schedules of Defendants' motion to dismiss, Plaintiffs' motion for a preliminary injunction, and Plaintiffs' motion for expedited discovery is GRANTED nunc pro tunc. Signed by Judge Tanya S. Chutkan on 10/19/18. (lctsc1)
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Oct. 19, 2018
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PACER
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46
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MOTION for Hearing re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel, 30 MOTION to Dismiss, 34 MOTION for Preliminary Injunction by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon). Added MOTION for Ruling on 12/18/2018 (znmw). (Entered: 12/13/2018)
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Dec. 13, 2018
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PACER
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47
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MEMORANDUM OPINION regarding Defendants' Motion 30 to Dismiss. Signed by Judge Tanya S. Chutkan on 1/30/2019. (lctsc1) (Entered: 01/30/2019)
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Jan. 30, 2019
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RECAP
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48
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ORDER denying Defendants' Motion 30 to Dismiss. Signed by Judge Tanya S. Chutkan on 1/30/2019. (lctsc1) (Entered: 01/30/2019)
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Jan. 30, 2019
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PACER
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49
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ORDER granting Plaintiffs' motion 35 to expedite discovery and granting, in part, and denying, in part, Plaintiffs' motion 46 to schedule oral argument and for a ruling on the pending expedited discovery motion. Expedited discovery shall be completed on or before March 18, 2019. Plaintiffs' supplemental brief shall be filed on or before April 1, 2019. Defendants' response shall be filed on or before April 15, 2019. Oral argument on Plaintiffs' motion 34 for a preliminary injunction shall take place on May 3, 2019 at 10:00 a.m. Signed by Judge Tanya S. Chutkan on 1/30/2019. (lctsc1) (Entered: 01/30/2019)
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Jan. 30, 2019
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PACER
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Set/Reset Deadlines/Hearings: Expedited Discovery due by 3/18/2019. Plaintiffs' Supplemental Brief due by 4/1/2019. Responses due by 4/15/2019 Motion Hearing re 34 set for 5/3/2019 at 10:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. (dot)
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Jan. 30, 2019
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PACER
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50
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ANSWER to 23 Amended Complaint, by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE.(Carilli, Joseph) (Entered: 02/13/2019)
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Feb. 13, 2019
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PACER
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Set/Reset Hearings
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March 13, 2019
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PACER
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Set/Reset Hearings: Telephone Conference set for 3/14/2019 at 11:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb)
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March 13, 2019
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PACER
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Minute Entry: Telephone Conference held on 3/14/2019 before Judge Tanya S. Chutkan: Order forthcoming. (Court Reporter Bryan Wayne) (tb)
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March 14, 2019
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PACER
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Telephone Conference
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March 15, 2019
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PACER
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51
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Consent MOTION for Protective Order by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Carilli, Joseph) (Entered: 03/18/2019)
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March 18, 2019
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PACER
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52
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MOTION to Compel Production of Documents by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Leitner, Shannon) (Entered: 03/19/2019)
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March 19, 2019
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PACER
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53
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NOTICE of Change of Address by Deepa Alagesan (Alagesan, Deepa) (Entered: 03/20/2019)
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March 20, 2019
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PACER
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54
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NOTICE of Change of Address by Mariko Hirose (Hirose, Mariko) (Entered: 03/20/2019)
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March 20, 2019
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PACER
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55
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ORDER granting Consent Motion 51 for Stipulated Amended Protective Order and vacating current stipulated protective order 25 . Signed by Judge Tanya S. Chutkan on 3/20/2019. (lctsc1) (Entered: 03/20/2019)
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March 20, 2019
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PACER
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56
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TRANSCRIPT OF 3/14/19 TELEPHONE CONFERENCE, before Judge Tanya S. Chutkan, held on March 14, 2019. Page Numbers: 1-22. Date of Issuance: 3/22/19. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form at https://www.dcd.uscourts.gov/court-reporting-and-transcript-information. 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, (PDF, condensed, CD or ASCII) may be purchased from the court reporter.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. Redaction Request due 4/12/2019. Redacted Transcript Deadline set for 4/22/2019. Release of Transcript Restriction set for 6/20/2019.(Wayne, Bryan) (Entered: 03/22/2019)
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March 22, 2019
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PACER
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57
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RESPONSE re 52 MOTION to Compel Production of Documents filed by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Carilli, Joseph) (Entered: 03/22/2019)
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March 22, 2019
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PACER
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58
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WITHDRAWN PURSUANT TO DOCKET ENTRY 61 . . . . .Joint MOTION to Modify Discovery and to Modify Briefing Schedule by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) Modified text and event on 3/26/2019 (ztd). Modified on 4/10/2019 (ztd). (Entered: 03/25/2019)
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March 25, 2019
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PACER
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59
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MOTION for Leave to File Supplement to Opposition to Motion for Class Certification by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Supplement, # 2 Text of Proposed Order)(Carilli, Joseph) (Entered: 03/25/2019)
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March 25, 2019
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PACER
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60
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REPLY to opposition to motion re 52 MOTION to Compel Production of Documents filed by AFGHAN AND IRAQI ALLIES. (Attachments: # 1 Declaration of Rebecca Curwin)(Leitner, Shannon) (Entered: 03/26/2019)
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March 26, 2019
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PACER
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61
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Joint MOTION Withdrawing 58 by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) Modified event and text on 4/10/2019 (ztd). Added MOTION to Modify on 4/10/2019 (ztd). (Entered: 04/09/2019)
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April 9, 2019
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PACER
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Order on Motion to Withdraw
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April 11, 2019
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PACER
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Order on Motion to Modify
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April 11, 2019
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PACER
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Order on Motion for Leave to File
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April 11, 2019
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PACER
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Order on Motion to Compel
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April 11, 2019
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PACER
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MINUTE ORDER: The court has considered the arguments raised in Plaintiffs' motion 52 to compel production of documents, Defendants' response 57, Plaintiffs' reply 60, and in the March 14, 2019 teleconference. Under 8 U.S.C. § 1202(f), with some exceptions, "records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States." The court agrees with Defendants that the scope of the statute "is not limited to information supplied by the visa applicant, it includes information revealing the thought-processes of those who rule on the application." Medina-Hincapie v. Dep't of State, 700 F.2d 737, 744 (D.C. Cir. 1983). However, the court disagrees with Defendants' assertion that the dates decisions were made "are inextricably tied to the thought-processes and decisions required to determine whether an alien meets the statutory requirements for an SIV." (Defs.' Resp. at 4.) The dates will show only the pace at which an application is processed and where an application is in the process. As in a privilege log, the dates at issue here will shed no light on a reviewer's thought-process or decision-making. In addition, the dates will be associated only with an anonymized, unique identifier; they will not be associated with an applicant's name. Moreover, dates are not included in the definition of "record" provided in Defendant State's Foreign Affairs Manual. See 9 FAM 603.12(b). Accordingly, Plaintiffs' motion 52 to compel production of documents is GRANTED. No certificate of appealability will issue because Defendants' cursory request does not meet their "burden of showing that exceptional circumstances justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment." Virtual Def. & Dev. Int'l, Inc. v. Republic of Moldova, 133 F. Supp. 2d 9, 22 (D.D.C. 2001). Signed by Judge Tanya S. Chutkan on 4/11/2019. (lctsc1)
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April 11, 2019
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PACER
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MINUTE ORDER: The parties' joint motion 61 to withdraw the pending motion 58 and modify the discovery/briefing schedule, and Defendants' motion 59 for leave to file a supplement to their opposition to Plaintiffs' motion for class certification, to which Plaintiffs have failed to articulate the bases of their objection, are GRANTED. The parties are directed to adhere to the following deadlines: (1) Plaintiffs' response to Defendants' supplement regarding its opposition to Plaintiffs' motion for class certification shall be filed on or before April 15, 2019; (2) Plaintiffs shall depose Defendants' corporate representatives on or before April 17, 2019; (3) Defendant Department of State shall produce the remaining documents requested in Plaintiffs' first, second, and third Requests for Production on or before April 18, 2019; and (4) Plaintiffs' supplement to their preliminary injunction motion shall be filed on or before May 2, 2019, Defendants' response shall be filed on or before May 16, 2019, and Plaintiffs' Reply shall be filed on or before May 23, 2019. Further, the preliminary injunction hearing, previously scheduled for May 3, 2019, is adjourned to June 20, 2019 at 10:00 a.m. Signed by Judge Tanya S. Chutkan on 4/11/2019. (lctsc1)
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April 11, 2019
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PACER
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Set/Reset Deadlines/Hearings
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April 12, 2019
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PACER
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Set/Reset Deadlines/Hearings: Response due by 4/15/2019. Defendant's supplemental response due by 5/16/2019. Reply due by 5/23/2019. Preliminary Injunction Hearing set for 6/20/2019 at 10:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb)
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April 12, 2019
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PACER
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62
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SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by AFGHAN AND IRAQI ALLIES (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Leitner, Shannon) (Entered: 04/15/2019)
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April 15, 2019
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PACER
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Sealed Order
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April 19, 2019
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PACER
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MINUTE ORDER: Upon consideration of Plaintiffs' unopposed motion for leave to file documents under seal (the "Motion"), it is hereby: ORDERED that the Motion is GRANTED; and it is further ORDERED that the Clerk shall file under seal the documents attached to the Motion. (This document is SEALED and only available to authorized persons.)Signed by Judge Tanya S. Chutkan on 04/18/19.(tb) Modified on 4/24/2019 (tb).
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April 19, 2019
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PACER
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63
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SEALED DOCUMENT filed by AFGHAN AND IRAQI ALLIES. re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel filed by AFGHAN AND IRAQI ALLIES. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 04/23/2019)
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April 19, 2019
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PACER
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64
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Consent MOTION to Modify the current briefing schedule by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) (Entered: 04/30/2019)
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April 30, 2019
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PACER
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Order on Motion to Modify
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May 1, 2019
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PACER
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MINUTE ORDER: Plaintiffs' consent motion 64 to modify the briefing schedule is GRANTED. Plaintiffs' supplement to their preliminary injunction motion shall be filed on or before May 10, 2019; Defendants' response shall be filed on or before May 24, 2019; and Plaintiffs' Reply shall be filed on or before May 31, 2019. Signed by Judge Tanya S. Chutkan on 5/1/2019. (lctsc1)
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May 1, 2019
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PACER
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Set/Reset Deadlines
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May 2, 2019
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PACER
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Set/Reset Deadlines: Response due by 5/24/2019 Reply due by 5/31/2019. Supplemental Memorandum due by 5/10/2019. (tb)
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May 2, 2019
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PACER
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65
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Joint MOTION to Modify Briefing Schedule by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) (Entered: 05/09/2019)
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May 9, 2019
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PACER
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Order on Motion to Modify
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May 10, 2019
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PACER
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MINUTE ORDER: The parties' May 9, 2019 joint motion 65 to modify the briefing schedule is GRANTED. Plaintiffs' supplement to their preliminary injunction motion shall be filed on or before June 11, 2019; Defendants' response shall be filed on or before June 25, 2019; and Plaintiffs' Reply shall be filed on or before July 2, 2019. Further, the preliminary injunction hearing, previously scheduled for June 20, 2019, is adjourned to July 26, 2019 at 10:00 a.m. Signed by Judge Tanya S. Chutkan on 5/10/2019. (lctsc1)
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May 10, 2019
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PACER
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Set/Reset Deadlines/Hearings
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May 13, 2019
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PACER
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66
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Appear Pro Hac Vice
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June 3, 2019
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PACER
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Order on Motion for Leave to Appear Pro Hac Vice
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June 5, 2019
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PACER
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