1
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COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17474464 filed by L.L.H.O., A.I.I.L., J.L.V.A., J.I.S., J.J.P.B.. (Lieberman, Martin) (Attachments: # 1 Civil Cover Sheet)(ARC) (Entered: 10/03/2019)
1 Civil Cover Sheet
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Oct. 3, 2019
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Oct. 3, 2019
Clearinghouse
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2
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MOTION to Proceed Using Initials and Pseudonyms by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Lieberman, Martin) (Attachments: # 1 Text of Proposed Order)(ARC) (Entered: 10/03/2019)
1 Text of Proposed Order
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Oct. 3, 2019
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Oct. 3, 2019
PACER
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3
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Filing fee paid, receipt number 0970-17474464. This case has been assigned to the Honorable James A Soto. All future pleadings or documents should bear the correct case number: CV-19-481-TUC-JAS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) (Entered: 10/03/2019)
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Oct. 3, 2019
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Oct. 3, 2019
PACER
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4
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NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ARC) (Entered: 10/03/2019)
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Oct. 3, 2019
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Oct. 3, 2019
PACER
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5
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SUMMONS Submitted by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Summons Alex Azar, Secretary of the US Dept. of HHS, # 2 Summons L. Francis Cissna, Former Director of USCIS, # 3 Summons Gene Hamilton, Counselor to the Attorney General, # 4 Summons John F. Kelly, Former White House Chief of Staff and former DHS Secretary, # 5 Summons E. Scott Lloyd, Former Director of the US Office of Refugee Resettlement, # 6 Summons Kevin K. McAleenan, Acting Secretary of DHS and former Commissioner of CBP, # 7 Summons Michael Bailey, US Attorney's Office, # 8 Summons Stephen Miller, Senior Advisor to the President, # 9 Summons Mark Morgan, Acting Commissioner of CBP, # 10 Summons Kirstjen Nielsen, Former Secretary of DHS, # 11 Summons Carla Provost, Chief of CBP US Border Control, # 12 Summons Jefferson Beauregard Sessions, Former Attorney General of the United States, # 13 Summons USA, Attorney General of the United States, # 14 Summons Ronald D. Vitiello, Former Director of ICE)(Lieberman, Martin) (Entered: 10/08/2019)
1 Summons Alex Azar, Secretary of the US Dept. of HHS
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6 Summons Kevin K. McAleenan, Acting Secretary of DHS and former Commissioner of C
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7 Summons Michael Bailey, US Attorney's Office
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9 Summons Mark Morgan, Acting Commissioner of CBP
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11 Summons Carla Provost, Chief of CBP US Border Control
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13 Summons USA, Attorney General of the United States
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Oct. 8, 2019
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Oct. 8, 2019
PACER
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6
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Summons Issued as to Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(LML) (Entered: 10/09/2019)
5 Summons
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6 Summons
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8 Summons
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10 Summons
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11 Summons
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13 Summons
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14 Summons
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Oct. 9, 2019
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Oct. 9, 2019
PACER
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Remark re Pro Hac Vice Motion
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Oct. 9, 2019
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Oct. 9, 2019
PACER
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Remark: Pro hac vice motion(s) granted for Lee Gelernt on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Oct. 9, 2019
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Oct. 9, 2019
PACER
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7
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Summons Reissued as to Mark Morgan to include Seal of the Clerk of the Court. (LML) (Entered: 10/11/2019)
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Oct. 11, 2019
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Oct. 11, 2019
PACER
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8
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SUMMONS Submitted by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Summons Margaret Wynne)(Lieberman, Martin) (Entered: 10/11/2019)
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Oct. 11, 2019
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Oct. 11, 2019
PACER
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9
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Summons Issued as to Thomas Homan and Margaret Wynne. (Attachments: # 1 Summons)(LML). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/15/2019)
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Oct. 15, 2019
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Oct. 15, 2019
PACER
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Remark: Pro hac vice motion(s) granted for Anand Balakrishnan, Daniel A Galindo, Emily Goldberg, and Hallie S Goldblatt on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Oct. 18, 2019
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Oct. 18, 2019
PACER
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Remark re Pro Hac Vice Motion
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Oct. 18, 2019
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Oct. 18, 2019
PACER
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Remark: Pro hac vice motion(s) granted for Geoffrey R Chepiga, Jacqueline P Rubin, and Steven C Herzog on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Oct. 18, 2019
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Oct. 18, 2019
PACER
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Remark re Pro Hac Vice Motion
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Oct. 21, 2019
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Oct. 21, 2019
PACER
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Remark: Pro hac vice motion(s) granted for Alexander A Reinert on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Oct. 21, 2019
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Oct. 21, 2019
PACER
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Remark (Public)
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Oct. 23, 2019
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Oct. 23, 2019
PACER
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Remark: Out of state attorney Judy Rabinovitz removed as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Oct. 23, 2019
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Oct. 23, 2019
PACER
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Remark (Public)
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Oct. 23, 2019
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Oct. 23, 2019
PACER
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10
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SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Jefferson Beauregard Sessions III on 10/18/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019)
2 Exhibit B - Affidavit of Service by Certified Mail
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Nov. 4, 2019
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Nov. 4, 2019
PACER
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11
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SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Gene Hamilton on 10/15/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019)
2 Exhibit B - Affidavit of Service by Certified Mail
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Nov. 4, 2019
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Nov. 4, 2019
PACER
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12
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SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Stephen Miller on 10/16/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019)
2 Exhibit B - Affidavit of Service by Certified Mail
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Nov. 4, 2019
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Nov. 4, 2019
PACER
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13
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SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Thomas Homan on 10/19/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019)
2 Exhibit B - Affidavit of Service by Certified Mail
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Nov. 4, 2019
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Nov. 4, 2019
PACER
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14
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SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Alex Azar on 10/16/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019)
1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested
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2 Exhibit B - Affidavit of Service by Certified Mail
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Nov. 4, 2019
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Nov. 4, 2019
PACER
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15
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MOTION to Seal Document Containing Defendants' Home Addresses by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Text of Proposed Order)(Chepiga, Geoffrey) (Entered: 11/11/2019)
1 Text of Proposed Order
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Nov. 11, 2019
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Nov. 11, 2019
RECAP
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16
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ORDER granting 15 Motion to Seal Documents Containing Defendants' Home Addresses. Signed by Judge James A Soto on 11/12/19. (See attached PDF for complete information.) (KAH) (Entered: 11/12/2019)
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Nov. 12, 2019
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Nov. 12, 2019
PACER
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17
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*Redacted Summons pursuant to 11/12/19 Order by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Affidavit, # 21 Affidavit, # 22 Affidavit, # 23 Affidavit)(Chepiga, Geoffrey) *Modified on 11/14/2019 to correct filing title (DLC). (Entered: 11/13/2019)
1 Summons
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2 Summons
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3 Summons
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4 Summons
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5 Summons
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6 Summons
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7 Summons
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8 Summons
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9 Summons
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10 Summons
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11 Summons
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12 Summons
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13 Summons
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14 Summons
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15 Summons
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16 Summons
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17 Summons
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18 Summons
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19 Summons
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20 Affidavit
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21 Affidavit
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22 Affidavit
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23 Affidavit
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Nov. 13, 2019
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Nov. 13, 2019
PACER
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18
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NOTICE of Appearance by Molly Patricia Brizgys on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Brizgys, Molly) (Entered: 12/04/2019)
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Dec. 4, 2019
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Dec. 4, 2019
PACER
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19
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NOTICE of Attorney Withdrawal Marty Lieberman filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 12/04/2019)
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Dec. 4, 2019
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Dec. 4, 2019
PACER
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20
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NOTICE of Appearance by Paul C Quast on behalf of Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 12/16/2019)
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Dec. 16, 2019
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Dec. 16, 2019
PACER
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21
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Joint MOTION for Extension of Time Extend Deadlines and Set Briefing Schedule by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 12/16/2019)
1 Text of Proposed Order
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Dec. 16, 2019
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Dec. 16, 2019
PACER
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22
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ORDERED that the parties' joint 21 Motion to set a Briefing Schedule and Consolidate and Extend Deadlines is granted. It is further ordered that Plaintiffs' 2 Motion to Proceed Using Initials and Pseudonyms is granted. Signed by Judge James A Soto on 12/17/2019. (SEE ORDER FOR COMPLETE DETAILS.) (BAR) (Entered: 12/18/2019)
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Dec. 18, 2019
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Dec. 18, 2019
PACER
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23
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NOTICE of Appearance by Christine Keeyeh Wee on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Wee, Christine) (Entered: 01/15/2020)
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Jan. 15, 2020
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Jan. 15, 2020
PACER
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24
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NOTICE of Attorney Withdrawal filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 01/17/2020)
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Jan. 17, 2020
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Jan. 17, 2020
PACER
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Remark re Pro Hac Vice Motion
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Feb. 4, 2020
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Feb. 4, 2020
PACER
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Remark: Pro hac vice motion(s) granted for Stephen Kang on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Feb. 4, 2020
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Feb. 4, 2020
PACER
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25
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Joint MOTION for Leave to File Excess Pages by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 02/06/2020)
1 Text of Proposed Order
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Feb. 6, 2020
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Feb. 6, 2020
RECAP
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26
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ORDER granting 25 Motion for Leave to File Excess Pages. Signed by Judge James A Soto on 2/10/20.(JAS, kr) (Entered: 02/10/2020)
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Feb. 10, 2020
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Feb. 10, 2020
PACER
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27
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NOTICE of Appearance by Stephen Kang on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Kang, Stephen) (Entered: 02/11/2020)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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28
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MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 02/14/2020)
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Feb. 14, 2020
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Feb. 14, 2020
RECAP
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29
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STIPULATION re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Stipulation for Extension of Time to file Opposition to the Defendants' Motion to Dismiss and Defendants' Reply thereto) by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Text of Proposed Order)(Chepiga, Geoffrey) (Entered: 03/20/2020)
1 Text of Proposed Order
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March 20, 2020
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March 20, 2020
PACER
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30
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ORDER granting the stipulation (Doc. 29 ). Plaintiffs shall now file their opposition to Defendants' Motion to Dismiss on or before April 22, 2020, and Defendants shall file their consolidated reply in support of their Motion to Dismiss on or before June 2, 2020. Signed by Judge James A Soto on 3/23/2020. (ARC) (Entered: 03/24/2020)
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March 24, 2020
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March 24, 2020
PACER
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31
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RESPONSE in Opposition re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, RESPONSE to Motion re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 04/22/2020)
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April 22, 2020
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April 22, 2020
RECAP
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32
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REPLY to Response to Motion re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 06/02/2020)
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June 2, 2020
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June 2, 2020
RECAP
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33
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NOTICE re: Supplemental Authorities by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim . (Quast, Paul) (Entered: 06/24/2020)
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June 24, 2020
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June 24, 2020
PACER
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34
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NOTICE re: Supplemental Authority by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim . (Quast, Paul) (Entered: 07/01/2020)
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July 1, 2020
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July 1, 2020
PACER
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Remark re Pro Hac Vice Motion
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July 2, 2020
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July 2, 2020
PACER
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Remark: Pro hac vice motion(s) granted for Spencer E Amdur on behalf of Plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA)
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July 2, 2020
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July 2, 2020
PACER
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35
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NOTICE of Appearance by Spencer E Amdur on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Amdur, Spencer) (Entered: 07/02/2020)
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July 2, 2020
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July 2, 2020
PACER
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36
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RESPONSE re: 34 Notice (Other), 33 Notice (Other) / Plaintiffs' Response to Defendants' Notices of Supplemental Authorities by Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 07/08/2020)
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July 8, 2020
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July 8, 2020
RECAP
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Due to the appointment of a new District Judge in the Tucson Division, this case is hereby reassigned by the Clerk to the Honorable District Judge Scott H. Rash. All future filings shall reflect the following case number CV 19-481-SHR.
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July 15, 2020
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July 15, 2020
PACER
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Remark (Public)
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July 15, 2020
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July 15, 2020
PACER
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Remark (Public)
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July 15, 2020
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July 15, 2020
PACER
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37
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MOTION to Amend/Correct 1 Complaint (Leave to File a First Amended Class Action Complaint) by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Proposed Amended Complaint, # 3 Exhibit 2A - Presentment letter for Plaintiffs Ana, Jaime & Mateo, # 4 Exhibit 2B - Presentment letter for Plaintiffs Lorena & Karina, # 5 Exhibit 2C - Presentment letter for Plaintiffs Jorge & Diana, # 6 Exhibit 2D - Presentment letter for Plaintiffs Jairo & Beatriz, # 7 Exhibit 2E - Presentment letter for Plaintiffs Jacinto & Andres, # 8 Text of Proposed Order)(Rubin, Jacqueline) (Entered: 07/22/2020)
1 Index of Exhibits
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2 Exhibit 1 - Proposed Amended Complaint
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3 Exhibit 2A - Presentment letter for Plaintiffs Ana, Jaime & Mateo
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4 Exhibit 2B - Presentment letter for Plaintiffs Lorena & Karina
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5 Exhibit 2C - Presentment letter for Plaintiffs Jorge & Diana
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6 Exhibit 2D - Presentment letter for Plaintiffs Jairo & Beatriz
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7 Exhibit 2E - Presentment letter for Plaintiffs Jacinto & Andres
View on PACER
8 Text of Proposed Order
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July 22, 2020
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July 22, 2020
PACER
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38
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RESPONSE to Motion re: 37 MOTION to Amend/Correct 1 Complaint (Leave to File a First Amended Class Action Complaint) filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 07/30/2020)
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July 30, 2020
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July 30, 2020
RECAP
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39
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REPLY to Response to Motion re: 37 MOTION to Amend/Correct 1 Complaint (Leave to File a First Amended Class Action Complaint) filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 08/06/2020)
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Aug. 6, 2020
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Aug. 6, 2020
PACER
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40
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ORDERED the Plaintiffs' motion for leave to file a First Amended Complaint 37 is GRANTED and the First Amended Complaint shall be filed no later than Friday, September 25, 2020. IT IS FURTHER ORDERED the Defendants' motion to dismiss 28 is DENIED without prejudice. Signed by Judge Scott H Rash on 8/28/20. (MYE) (Entered: 08/31/2020)
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Aug. 31, 2020
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Aug. 31, 2020
RECAP
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41
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AMENDED COMPLAINT, filed pursuant to the Court's Order granting Plaintiffs' motion for leave to file a First Amended Complaint [Dkt. No. 40] against Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Unknown Parties, Ronald D Vitiello, Margaret Wynne, United States of America filed by L.L.H.O., A.I.I.L., J.L.V.A., J.I.S., J.J.P.B..(Rubin, Jacqueline) (Entered: 09/03/2020)
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Sept. 3, 2020
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Sept. 3, 2020
Clearinghouse
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42
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SUMMONS Submitted by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 09/03/2020)
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Sept. 3, 2020
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Sept. 3, 2020
PACER
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43
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Summons Issued as to United States of America. (JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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44
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Joint MOTION for Extension of Time to Extend Deadlines and Set Briefing Schedule by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 09/15/2020)
1 Text of Proposed Order
View on PACER
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Sept. 15, 2020
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Sept. 15, 2020
PACER
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45
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ORDER granting 44 Joint Motion for Extension of Time. It is further ordered the Individual Defendants shall file a motion to dismiss on or before November 13, 2020; Plaintiffs shall file an opposition to the motion to dismiss on or before December 23, 2020; and the Individual Defendants shall file a reply in support of their motion to dismiss on or before January 27, 2021. Signed by Judge Scott H Rash on 9/15/2020. (ARC) (Entered: 09/15/2020)
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Sept. 15, 2020
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Sept. 15, 2020
PACER
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46
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NOTICE OF ATTORNEY APPEARANCE: Philip D. MacWilliams appearing for United States of America. . (MacWilliams, Philip) (Entered: 10/09/2020)
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Oct. 9, 2020
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Oct. 9, 2020
PACER
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47
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Joint MOTION for Leave to File Excess Pages by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 10/13/2020)
1 Text of Proposed Order
View on PACER
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Oct. 13, 2020
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Oct. 13, 2020
PACER
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48
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ORDER granting 47 Joint Motion for Leave to File Excess Pages. It is further ordered the Individual Defendants shall file a consolidated motion to dismiss, not to exceed 60 pages; Plaintiffs shall file a consolidated opposition to the motion to dismiss, not to exceed 60 pages; and the Individual Defendants shall file a consolidated reply in support of their motion to dismiss, not to exceed 30 pages. Signed by Judge Scott H Rash on 10/13/2020. (ARC) (Entered: 10/13/2020)
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Oct. 13, 2020
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Oct. 13, 2020
PACER
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49
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SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, First Amended Class Action Complaint, and Notice of Mandatory Initial Discovery Pilot Project upon United States of America on September 14, 2020. (Attachments: # 1 Exhibit A-Affidavit of Service by Certified ail Return Receipt Requested)(Chepiga, Geoffrey) (Entered: 10/14/2020)
1 Exhibit A-Affidavit of Service by Certified ail Return Receipt Requested
View on PACER
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Oct. 14, 2020
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Oct. 14, 2020
PACER
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50
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*Joint MOTION for Leave to File Excess Pages for Motion To Dismiss and Proposed Briefing Schedule by United States of America. (Attachments: # 1 Text of Proposed Order)(MacWilliams, Philip) *Modified to reflect required document not attached on 11/4/2020 (MYE). (Entered: 11/03/2020)
1 Text of Proposed Order
View on PACER
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Nov. 3, 2020
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Nov. 3, 2020
PACER
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51
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ORDER GRANTING 50 Motion for Leave to File Excess Pages. IT IS ORDERED the page limits are enlarged to 35 pages for the motion to dismiss and opposing memorandum of law, and 20 pages for the reply in support. Defendant United States shall file its motion to dismiss on or before 11/23/20; Plaintiffs shall file their opposing memorandum of law on or before 12/23/20; and Defendant United States shall file its reply in support on or before 1/22/20. Signed by Judge Scott H Rash on 11/4/20. (BAC) (Entered: 11/04/2020)
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Nov. 4, 2020
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Nov. 4, 2020
PACER
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Due to the appointment of a new District Judge in the Tucson Division, this case is hereby reassigned by the Clerk to the Honorable District Judge John C Hinderaker. All future filings shall reflect the following case number CV 19-481-JCH.
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Nov. 5, 2020
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Nov. 5, 2020
PACER
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Remark (Public)
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Nov. 5, 2020
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Nov. 5, 2020
PACER
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Remark (Public)
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Nov. 5, 2020
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Nov. 5, 2020
PACER
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52
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MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 11/13/2020)
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Nov. 13, 2020
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Nov. 13, 2020
RECAP
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53
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MOTION to Dismiss for Lack of Jurisdiction And For Improper Venue by United States of America. (Attachments: # 1 Exhibit Exhibit A with attachments)(MacWilliams, Philip) (Entered: 11/23/2020)
1 Exhibit Exhibit A with attachments
View on RECAP
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Nov. 23, 2020
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Nov. 23, 2020
RECAP
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54
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*RESPONSE in Opposition re: 52 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) *Modified to correct event type on 12/30/2020 (ARC). (Entered: 12/23/2020)
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Dec. 23, 2020
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Dec. 23, 2020
RECAP
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55
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*RESPONSE in Opposition re: 53 MOTION to Dismiss for Lack of Jurisdiction And For Improper Venue filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) *Modified to correct event type on 12/30/2020 (ARC). (Entered: 12/23/2020)
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Dec. 23, 2020
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Dec. 23, 2020
RECAP
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56
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Consent MOTION for Extension of Time to File Response/Reply by United States of America. (Attachments: # 1 Text of Proposed Order)(MacWilliams, Philip) (Entered: 01/21/2021)
1 Text of Proposed Order
View on PACER
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Jan. 21, 2021
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Jan. 21, 2021
PACER
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57
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Consent MOTION for Extension of Time to File Response/Reply by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 01/21/2021)
1 Text of Proposed Order
View on PACER
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Jan. 21, 2021
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Jan. 21, 2021
PACER
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58
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ORDERED that the Motion (Doc. 56 ) is GRANTED. Defendant United States shall file its reply brief on or before February 5, 2021. Signed by Judge John C Hinderaker on 1/21/2021. (ARC) (Entered: 01/22/2021)
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Jan. 22, 2021
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Jan. 22, 2021
PACER
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59
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ORDERED that the Motion (Doc. 57 ) is GRANTED. The Individual Defendants shall file their reply brief on or before February 5, 2021. Signed by Judge John C Hinderaker on 1/21/2021. (ARC) (Entered: 01/22/2021)
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Jan. 22, 2021
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Jan. 22, 2021
PACER
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60
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NOTICE of Attorney Withdrawal (Emily Goldberg) filed by Jacqueline P Rubin. (Rubin, Jacqueline) (Entered: 01/25/2021)
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Jan. 25, 2021
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Jan. 25, 2021
PACER
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61
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REPLY to Response to Motion re: 52 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 02/05/2021)
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Feb. 5, 2021
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Feb. 5, 2021
RECAP
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62
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REPLY to Response to Motion re: 53 MOTION to Dismiss for Lack of Jurisdiction And For Improper Venue filed by United States of America. (MacWilliams, Philip) (Entered: 02/05/2021)
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Feb. 5, 2021
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Feb. 5, 2021
RECAP
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63
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MOTION to Hold Action in Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Text of Proposed Order)(Rubin, Jacqueline) (Entered: 05/20/2021)
1 Text of Proposed Order
View on RECAP
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May 20, 2021
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May 20, 2021
RECAP
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64
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RESPONSE in Opposition re: 63 MOTION to Hold Action in Abeyance filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 05/21/2021)
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May 21, 2021
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May 21, 2021
PACER
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65
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REPLY to Response to Motion re: 63 MOTION to Hold Action in Abeyance filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 05/28/2021)
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May 28, 2021
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May 28, 2021
PACER
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66
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ORDERED GRANTING Plaintiffs' Motion to Hold Action in Abeyance (Doc. 63 ). It is further ordered STAYING this matter, including all remaining deadlines and hearings, for a period of SIXTY (60) DAYS from the date of this order. Signed by Judge John C Hinderaker on 6/1/2021. (ARC) (Entered: 06/01/2021)
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June 1, 2021
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June 1, 2021
RECAP
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67
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Second MOTION to Hold Action in Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Rubin, Jacqueline) (Entered: 08/02/2021)
1 Exhibit 1
View on RECAP
2 Exhibit 2
View on PACER
3 Exhibit 3
View on PACER
4 Text of Proposed Order
View on PACER
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Aug. 2, 2021
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Aug. 2, 2021
RECAP
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68
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RESPONSE in Opposition re: 67 Second MOTION to Hold Action in Abeyance filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 08/10/2021)
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Aug. 10, 2021
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Aug. 10, 2021
PACER
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69
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ORDER granting 67 Plaintiffs' Second Motion to Hold Action in Abeyance. It is further ordered STAYING this matter, including all remaining deadlines and hearings, for a period of SIXTY (60) DAYS from the date of this order. Signed by Judge John C Hinderaker on 8/13/2021. (ARC) (Entered: 08/16/2021)
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Aug. 16, 2021
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Aug. 16, 2021
RECAP
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70
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Third MOTION to Hold Action in Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Text of Proposed Order)(Rubin, Jacqueline) (Entered: 10/13/2021)
1 Text of Proposed Order
View on PACER
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Oct. 13, 2021
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Oct. 13, 2021
RECAP
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71
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RESPONSE in Opposition re: 70 Third MOTION to Hold Action in Abeyance filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 10/15/2021)
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Oct. 15, 2021
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Oct. 15, 2021
RECAP
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72
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REPLY to Response to Motion re: 70 Third MOTION to Hold Action in Abeyance filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 10/20/2021)
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Oct. 20, 2021
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Oct. 20, 2021
RECAP
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73
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ORDERED GRANTING Plaintiffs' Motion to Hold Action in Abeyance (Doc. 70 ). It is further ordered staying this matter, including all remaining deadlines and hearings, for a period of SIXTY (60) DAYS from the date of this order. It is further ordered setting a Status Conference on Tuesday, January 11, 2022 at 11:30 a.m. (MST). Signed by Judge John C Hinderaker on 11/18/2021. (See Order for complete details)(ARC) (Entered: 11/19/2021)
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Nov. 19, 2021
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Nov. 19, 2021
PACER
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74
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MOTION to Lift Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Text of Proposed Order)(Rubin, Jacqueline) (Entered: 12/16/2021)
1 Text of Proposed Order
View on RECAP
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Dec. 16, 2021
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Dec. 16, 2021
RECAP
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75
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ORDER granting 74 Plaintiffs' Motion to Lift Abeyance. This matter is no longer stayed. It is further ordered vacating the Status Conference set on Tuesday, January 11, 2022 at 11:30 a.m. (MST). Signed by Judge John C Hinderaker on 1/7/2022. (ARC) (Entered: 01/07/2022)
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Jan. 7, 2022
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Jan. 7, 2022
RECAP
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76
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ORDERED GRANTING Defendants' Motion to Dismiss. (Doc. 52 .) Counts IVIII are DISMISSED WITHOUT LEAVE TO AMEND and the Individual Defendants, listed above in footnote one, are dismissed from this action. Signed by Judge John C Hinderaker on 3/31/2022. (ARC) (Entered: 04/01/2022)
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March 31, 2022
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March 31, 2022
RECAP
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77
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ORDERED GRANTING United States' Motion to Dismiss (Doc. 53 ) with respect to Plaintiffs J.J.P.B. and A.E.P.F.'s claims for improper venue. The Court will DEFER ruling on the dismissal or transfer of the claims pending additional briefing on the matter. Plaintiffs J.J.P.B. and A.E.P.F may file a supplemental Motion indicating where venue is most appropriate on or before April 8, 2022. The United States may file their response on or before April 15, 2022. The parties should ensure that all filings comply with Local Rules of Civil Procedure 7.1 and 7.2. It is further ordered denying United States' Motion to Dismiss (Doc. 53 ) as to the remaining claims. It is further ordered requiring the United States to answer the First Amended Complaint, with respect to the remaining allegations, no later than fourteen (14) days from the date of this Order. Signed by Judge John C Hinderaker on 3/31/2022. (See Order for complete details) (ARC) (Entered: 04/01/2022)
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March 31, 2022
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March 31, 2022
Clearinghouse
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78
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BRIEF re: 77 Order on Motion to Dismiss/Lack of Jurisdiction,,, (Plaintiffs' Supplemental Brief on Transfer of Venue for Plaintiffs J.J.P.B. and A.E.P.F.) by Plaintiff J.J.P.B.. (Attachments: # 1 Proposed Order)(Rubin, Jacqueline) (Entered: 04/08/2022)
1 Proposed Order
View on PACER
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April 8, 2022
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April 8, 2022
RECAP
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79
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NOTICE of Appearance by Walter Edward Parker, IV on behalf of United States of America. (Parker, Walter) (Entered: 04/12/2022)
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April 12, 2022
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April 12, 2022
RECAP
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80
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NOTICE of Appearance by Sarah Klein on behalf of United States of America. (Klein, Sarah) (Entered: 04/12/2022)
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April 12, 2022
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April 12, 2022
PACER
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