Case: Kirwa v. United States Department of Defense

1:17-cv-01793 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 1, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

Note: This lawsuit is a challenge to the Department of Defense’s failure to certify the honorable military service of MAVNI soldiers seeking expedited naturalization under the Immigration and Naturalization Act. Samma v. United States Department of Defense is a similar challenge brought by non-MAVNI soldiers who qualify for expedited naturalization under the same statute. Nio v. United States Department of Homeland Security challenges the Department of Homeland Security’s consideration and adju…

Note: This lawsuit is a challenge to the Department of Defense’s failure to certify the honorable military service of MAVNI soldiers seeking expedited naturalization under the Immigration and Naturalization Act.

Samma v. United States Department of Defense is a similar challenge brought by non-MAVNI soldiers who qualify for expedited naturalization under the same statute.

Nio v. United States Department of Homeland Security challenges the Department of Homeland Security’s consideration and adjudication of applications following certification of honorable military service.

 


The Immigration and Nationality Act provides an expedited path to citizenship for non-citizens serving in the United States military, but in 2016, the Obama Department of Defense implemented a new internal policy adding substantive and procedural requirements. Objecting to the new policy, three non-citizen service members, represented by private counsel, filed this class-action lawsuit against the Department of Defense. The complaint, filed on September 1, 2017 in the United States District Court for the District of Columbia and assigned to Judge Ellen S. Huvelle, alleged that the Department’s policy violated the Due Process Clause of the Fifth Amendment, the Administrative Procedure Act, and the Immigration and Nationality Act. The plaintiffs sought a declaration that the Department’s new requirements were unlawful; an injunction barring the Department from implementing the 2016 policy; and mandamus and APA relief compelling the Department to promptly process naturalization paperwork without adding extra-statutory requirements. They also sought to bar the Department from retaliation against soldiers participating in the lawsuit, and from discharging a soldier in order to avoid certifying her honorable service. Finally, they sought attorneys’ fees and costs.

The plaintiffs had all joined the military through the MAVNI program (“Military Accessions Vital to the National Interest”), through which the Department of Defense enlisted non-citizen soldiers who had special medical or linguistic skills needed by the military. Under this program, which was authorized by 8 U.S.C. §1440, MAVNI soldiers qualified for an expedited pathway to U.S. citizenship; the Department even contractually required MAVNI soldiers to apply for citizenship. This opportunity was a significant recruiting incentive.

As part of the expedited naturalization process, the Department of Defense was required to certify to the Department of Homeland Security that an applicant’s military service had been honorable; DHS created Form N-426 for this certification. The statute did not specify a particular duration of service; it simply required a soldier’s service to be honorable. DHS regulations confirmed that a soldier could be eligible for expedited naturalization after one day of military service.

Contrary to the express language of the statute, the 2016 policy indicated that the Department would not certify a soldier’s honorable service unless she had served in active-duty status. The policy also restricted the pool of military officials authorized to sign the certification.

The plaintiffs’ certification requests had been denied or delayed because of the new policy. They alleged that the delay in naturalization deprived them of the protections that the statute was intended to provide, including access to United States consular services while deployed overseas, work and school authorization and benefits, and ability to sponsor family members.

On October 25, 2017, the court granted a preliminary injunction, requiring that the Department “use its best efforts” to complete each N-426 form within 2 days of receiving it. 285 F. Supp. 3d 21. The court held that plaintiffs would likely be able to show the policy change was arbitrary and capricious, in violation of the APA, because the Department had failed to reasonably explain the change when it was implemented, and there was no national security justification for the change. Further, plaintiffs were likely to be able to show the Department had unlawfully withheld or reasonably delayed completing the N-426 forms, in violation of the APA, because completing the forms was a ministerial duty that the Department was not carrying out. Finally, the court found that the plaintiffs had shown likely irreparable harm due to the delay in naturalization. The order provisionally certified a class for purposes of the preliminary injunction, comprising MAVNI recruits who had enlisted prior to October 13, 2017.

Two days later, the Department sought an administrative stay of one week, to allow time for the Solicitor General to decide whether to appeal the order; the court denied that motion the same day. The court’s order clarified that any application which had previously been returned to its applicant would have to be re-submitted in order to be certified.

The plaintiffs filed an amended complaint on November 3, 2017. On November 15, they moved to enforce the preliminary injunction, alleging that the Department was not complying with the court’s order: it was not promptly completing N-426 forms, it had “imposed new administrative pre-conditions for issuance of N-426 forms,” and it had not informed unit commanders or class members of the requirements of the preliminary injunction.

The same week, the Department moved for dismissal or for summary judgment. Acknowledging that the court had already granted class certification in Nio, the Department did not oppose the plaintiffs’ class certification motion in this case. It did, however, seek to limit the class to include only those who qualified as of the date of class certification. When the court granted certification on December 1, 2017, it specified no cut-off date for class membership; it simply specified MAVNI soldiers who had not received a duly authenticated N-426.

On December 15, 2017, the court ordered the Department to submit regular status reports. (This order was eventually vacated in June 2020.)

On January 11, 2018, the court dismissed the plaintiffs’ substantive due process claim, but denied the Department’s motion to dismiss (or grant summary judgment on) the remainder of the plaintiffs’ claims. 285 F. Supp. 3d 257. On May 23, the court denied the Department’s motion to reconsider. 315 F. Supp. 3d 266. The case was referred to Magistrate Judge Michael Harvey for mediation in December 2019.

On September 2, 2020, the court entered a judgment that converted the October 2017 preliminary injunction into a permanent injunction. The injunction prohibited defendants from refusing to sign and issue Form-N426s to members of the class, or from refusing to certify class members as having served honorably aside from individual conduct-based determinations. The court dismissed all other claims with prejudice.

The case was also reassigned to Judge Paul L. Friedman on September 23, 2020. 

On May 27, 2021, the parties filed a joint motion for approval of a settlement as to plaintiffs’ attorneys’ fees. Plaintiffs’ sought an award of attorneys’ fees and costs under the Equal Access to Justice Act. The court granted this motion on January 18, 2022 and awarded $700,000 in attorneys’ fees and costs to plaintiffs. 2022 WL 160104. 

As of March 30, 2024, there have been no updates to the case. 

Summary Authors

Gregory Marsh (8/28/2020)

Venesa Haska (3/30/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6147056/parties/kirwa-v-united-states-department-of-defense/


Judge(s)

Harvey, G. Michael (District of Columbia)

Attorney for Plaintiff

Baruch, Douglas W. (District of Columbia)

Beary, Webster R.M (District of Columbia)

Gates, Shaun A (District of Columbia)

Attorney for Defendant

Dugan, Joseph C. (District of Columbia)

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Documents in the Clearinghouse

Document

1:17-cv-01793

Docket [PACER]

Aug. 7, 2020

Aug. 7, 2020

Docket
1

1:17-cv-01793

Complaint and Prayer for Declaratory, Preliminary and Permanent Injunctive, Administrative Procedure Act, and Mandamus Brief

Sept. 1, 2017

Sept. 1, 2017

Complaint
29

1:17-cv-01793

Memorandum Opinion

Oct. 25, 2017

Oct. 25, 2017

Order/Opinion

285 F.Supp.3d 285

28

1:17-cv-01793

Order

Oct. 25, 2017

Oct. 25, 2017

Order/Opinion
32

1:17-cv-01793

Amended Order

Oct. 27, 2017

Oct. 27, 2017

Order/Opinion
33

1:17-cv-01793

Amended Complaint

Nov. 3, 2017

Nov. 3, 2017

Complaint
37

1:17-cv-01793

Order

Nov. 16, 2017

Nov. 16, 2017

Order/Opinion
47

1:17-cv-01793

Memorandum Opinion

Dec. 1, 2017

Dec. 1, 2017

Order/Opinion
60

1:17-cv-01793

Memorandum Opinion

Jan. 11, 2018

Jan. 11, 2018

Order/Opinion

285 F.Supp.3d 285

93

1:17-cv-01793

Memorandum Opinion and Order

May 23, 2018

May 23, 2018

Order/Opinion

315 F.Supp.3d 315

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6147056/kirwa-v-united-states-department-of-defense/

Last updated April 7, 2024, 10:41 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE ( Filing fee $ 400 receipt number 0090-5099800) filed by Mahlon Kirwa, Ashok Viswanathan, Santhosh Meenhallimath. (Attachments: # 1 Civil Cover Sheet, # 2 Related Case Form, # 3 Summons United States Department of Defense, # 4 Summons James Mattis, # 5 Summons Jeff Sessions, # 6 Summons Channing D. Phillips)(LoBue, Joseph) (Entered: 09/01/2017)

1 Civil Cover Sheet

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2 Related Case Form

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3 Summons United States Department of Defense

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4 Summons James Mattis

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5 Summons Jeff Sessions

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6 Summons Channing D. Phillips

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Sept. 1, 2017

Sept. 1, 2017

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Case Assigned/Reassigned

Sept. 1, 2017

Sept. 1, 2017

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NOTICE OF RELATED CASE by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN. Case related to Case No. 17-998. (jd) (Entered: 09/05/2017)

Sept. 1, 2017

Sept. 1, 2017

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Case Assigned to Judge Ellen S. Huvelle. (jd)

Sept. 1, 2017

Sept. 1, 2017

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SUMMONS (4) Issued Electronically as to JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 09/05/2017)

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Sept. 5, 2017

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Case Assigned/Reassigned

Sept. 5, 2017

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF DEFENSE served on 9/6/2017 (LoBue, Joseph) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES MATTIS served on 9/6/2017 (LoBue, Joseph) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/06/2017. (LoBue, Joseph) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

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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 9/6/2017. Answer due for ALL FEDERAL DEFENDANTS by 11/5/2017. (LoBue, Joseph) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

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NOTICE of Appearance by Jennifer M. Wollenberg on behalf of All Plaintiffs (Wollenberg, Jennifer) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

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NOTICE of Appearance by Douglas W. Baruch on behalf of All Plaintiffs (Baruch, Douglas) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

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NOTICE of Appearance by Nathan Michael Swinton on behalf of JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Swinton, Nathan) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

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11

MOTION for Preliminary Injunction by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Declaration of Mahlon Kirwa, # 22 Declaration of Santhosh Meenhallimath, # 23 Declaration of Ashok Viswanathan, # 24 Declaration of Jennifer M. Wollenberg, # 25 Text of Proposed Order)(LoBue, Joseph) (Entered: 09/19/2017)

1 Exhibit 1

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Declaration of Mahlon Kirwa

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22 Declaration of Santhosh Meenhallimath

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23 Declaration of Ashok Viswanathan

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24 Declaration of Jennifer M. Wollenberg

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25 Text of Proposed Order

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Sept. 19, 2017

Sept. 19, 2017

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MOTION to Certify Class and Appointment of Class Counsel by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN (Attachments: # 1 Declaration of Douglas W. Baruch, # 2 Text of Proposed Order)(LoBue, Joseph). Added MOTION to Appoint Class Counsel on 9/20/2017 (znmw). (Entered: 09/19/2017)

1 Declaration of Douglas W. Baruch

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2 Text of Proposed Order

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Sept. 19, 2017

Sept. 19, 2017

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MINUTE ORDER re 11 MOTION for Preliminary Injunction: It is hereby ORDERED that defendants shall file their response to plaintiffs' motion for a preliminary injunction by September 26, 2017; it is further ORDERED that plaintiffs shall file any reply by October 2, 2017; it is further ORDERED that a hearing on the motion for preliminary injunction is set for October 10, 2017, at 2:30pm in Courtroom 23A; and it is further ORDERED that the parties shall provide Chambers with two (paper) courtesy copies of all filings. Signed by Judge Ellen S. Huvelle on September 20, 2017. (lcesh1, )

Sept. 20, 2017

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Order

Sept. 20, 2017

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.Order

Sept. 20, 2017

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Set/Reset Hearings: Preliminary Injunction Hearing set for 10/10/2017 at 02:30 PM in Courtroom 23A before Judge Ellen S. Huvelle. (AG)

Sept. 20, 2017

Sept. 20, 2017

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Set/Reset Hearings

Sept. 20, 2017

Sept. 20, 2017

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Set/Reset Deadlines/Hearings: Defendant's response to plaintiff's motion for a preliminary injunction due by 9/26/2017. Plaintiff's reply due by 10/2/2017. Preliminary Injunction Hearing set for 10/10/2017 at 02:30 PM in Courtroom 23A before Judge Ellen S. Huvelle. (jl)

Sept. 20, 2017

Sept. 20, 2017

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Set/Reset Deadlines/Hearings

Sept. 20, 2017

Sept. 20, 2017

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13

MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Preliminary Injunction, 12 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Exhibit Declaration of Captain Alicia M. Glanz, # 2 Exhibit Defendants' Notice of Supplemental Documentation in Nio v. DHS, # 3 Text of Proposed Order)(Swinton, Nathan) (Entered: 09/21/2017)

1 Exhibit Declaration of Captain Alicia M. Glanz

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2 Exhibit Defendants' Notice of Supplemental Documentation in Nio v. DHS

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3 Text of Proposed Order

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Sept. 21, 2017

Sept. 21, 2017

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14

Memorandum in opposition to re 13 MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Preliminary Injunction, 12 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel filed by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(LoBue, Joseph) (Entered: 09/22/2017)

1 Exhibit A

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2 Exhibit B

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Sept. 22, 2017

Sept. 22, 2017

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15

ORDER re 13 MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Preliminary Injunction, 12 MOTION to Certify Class: ORDERED that the Court will hold a conference call on Monday September 25, 2017, at a time in the afternoon to be determined, to set a revised briefing schedule. See Order for details. Signed by Judge Ellen S. Huvelle on September 22, 2017. (lcesh1) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

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ORDER granting 13 Motion for Extension of Time to File Response/Reply re 11 MOTION for Preliminary Injunction: Defendants' Responses due by 10/10/2017 at 12:00 PM. Plaintiffs' Reply due by 10/13/2017. Motion Hearing set for 10/18/2017 at 02:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. See ORDER for additional details. Signed by Judge Ellen S. Huvelle on September 25, 2017. (lcesh1) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

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17

Memorandum in opposition to re 11 MOTION for Preliminary Injunction filed by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE. (Swinton, Nathan) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

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18

Cross MOTION for Summary Judgment by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Memorandum in Support, # 2 Exhibit First Miller Declaration, # 3 Exhibit Second Miller Declaration)(Swinton, Nathan) (Entered: 10/10/2017)

1 Memorandum in Support

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2 Exhibit First Miller Declaration

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3 Exhibit Second Miller Declaration

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Oct. 10, 2017

Oct. 10, 2017

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19

REPLY to opposition to motion re 11 MOTION for Preliminary Injunction filed by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN. (Attachments: # 1 Attachment 1)(LoBue, Joseph) (Entered: 10/13/2017)

1 Attachment 1

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Oct. 13, 2017

Oct. 13, 2017

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MINUTE ORDER:In view of the changed N-426 policy reflected in the October 13, 2017 Status Report in Nio v. DHS, 17-cv-0998, October 13, 2017, ECF No. 58, Ex. 1, Section II, the Court can no longer treat plaintiffs' motion for a preliminary injunction as a motion for summary judgment. The question is no longer whether DOD can deny N-426 certification for failure to begin active-duty status. In light of these changes, it is ORDERED that the October 18, 2017 hearing will be treated as a hearing on the preliminary injunction motion; it is further ORDERED that defendants shall file a response to plaintiffs' preliminary injunction motion, by 12:00 PM Monday, October 16, 2017; it is further ORDERED that plaintiffs shall file any reply by 12:00 PM Tuesday, October 17, 2017.At the moment the Court intends to proceed with the hearing on October 18, 2017, but may have to delay to the afternoon of October 19, 2017 depending on the briefing.SO ORDERED. Signed by Judge Ellen S. Huvelle on October 14, 2017. (lcesh1)

Oct. 14, 2017

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Order

Oct. 14, 2017

Oct. 14, 2017

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.Order

Oct. 14, 2017

Oct. 14, 2017

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Set/Reset Deadlines: Defendant's response to plaintiff's motion for preliminary injunction is due by 12:00pm on 10/16/2017. Plaintiff's reply is due by 12:00pm on 10/17/2017. (jl)

Oct. 14, 2017

Oct. 14, 2017

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Set/Reset Deadlines

Oct. 14, 2017

Oct. 14, 2017

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20

RESPONSE re 11 MOTION for Preliminary Injunction filed by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit First Miller Declaration, # 2 Exhibit Second Miller Declaration, # 3 Exhibit October 13, 2017 Policy, # 4 Exhibit MAVNI Information Papers signed by Plaintiffs)(Swinton, Nathan) (Entered: 10/16/2017)

1 Exhibit First Miller Declaration

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2 Exhibit Second Miller Declaration

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3 Exhibit October 13, 2017 Policy

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4 Exhibit MAVNI Information Papers signed by Plaintiffs

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Oct. 16, 2017

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Set/Reset Deadlines

Oct. 16, 2017

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.Order

Oct. 16, 2017

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.Order

Oct. 16, 2017

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MINUTE ORDER: It is hereby ORDERED that the October 18, 2017 Preliminary Injunction Hearing is rescheduled for 11:30 AM. Signed by Judge Ellen S. Huvelle on October 16, 2017. (lcesh1)

Oct. 16, 2017

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Order

Oct. 16, 2017

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ENTERED IN ERROR PER CHAMBERS. . . . .MINUTE ORDER: It is hereby ORDERED that a status conference will be scheduled on October 18, 2017 at 2:30 PM in Courtroom 23A to discuss plaintiffs' request for permission to renew their Motion for Preliminary Injunction, at least in part, based on changed circumstances. Signed by Judge Ellen S. Huvelle on October 16, 2017. (lcesh1) Modified on 10/17/2017 (td).

Oct. 16, 2017

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Unopposed MOTION for Leave to File Brief in Excess of Twenty-Five Pages by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN (Attachments: # 1 Text of Proposed Order)(LoBue, Joseph) (Entered: 10/17/2017)

1 Text of Proposed Order

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Oct. 17, 2017

Oct. 17, 2017

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Order on Motion for Leave to File

Oct. 17, 2017

Oct. 17, 2017

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22

REPLY to opposition to motion re 11 MOTION for Preliminary Injunction filed by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(LoBue, Joseph) (Entered: 10/17/2017)

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14 Exhibit 14

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Oct. 17, 2017

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MINUTE ORDER granting 21 Motion for Leave to File: it is hereby ORDERED that plaintiffs' Motion for Leave to File a Brief in excess of the page limit is GRANTED. Signed by Judge Ellen S. Huvelle on October 17, 2017. (lcesh1)

Oct. 17, 2017

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Minute Entry for proceedings held before Judge Ellen S. Huvelle: Motion Hearing held on 10/18/2017 re 11 MOTION for Preliminary Injunction . Motion taken under advisement. Scheduling order to be submitted via chambers. (Court Reporter Janice Dickman.) (jl)

Oct. 18, 2017

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Motion Hearing

Oct. 18, 2017

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23

NOTICE of Supplemental Filing by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN re 11 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(LoBue, Joseph) (Entered: 10/19/2017)

1 Exhibit 1

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2 Exhibit 2

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Oct. 19, 2017

Oct. 19, 2017

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NOTICE of Supplemental Filing by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Exhibit DoD Instruction 1332.14, # 2 Exhibit Army Regulation 635-200, # 3 Exhibit Army Regulation 135-178, # 4 Exhibit Army Regulation 600-8-24)(Swinton, Nathan) (Entered: 10/19/2017)

1 Exhibit DoD Instruction 1332.14

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2 Exhibit Army Regulation 635-200

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3 Exhibit Army Regulation 135-178

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4 Exhibit Army Regulation 600-8-24

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Oct. 19, 2017

Oct. 19, 2017

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NOTICE of Supplemental Filing by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Exhibit Enlistment documents for Plaintiff Kirwa, # 2 Exhibit Enlistment documents for Plaintiff Meenhallimath, # 3 Exhibit Enlistment documents for Plaintiff Viswanathan)(Swinton, Nathan) (Entered: 10/19/2017)

1 Exhibit Enlistment documents for Plaintiff Kirwa

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2 Exhibit Enlistment documents for Plaintiff Meenhallimath

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3 Exhibit Enlistment documents for Plaintiff Viswanathan

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Oct. 19, 2017

Oct. 19, 2017

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NOTICE of Clarification by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Declaration Declaration of Stephanie Miller)(Swinton, Nathan) (Entered: 10/20/2017)

1 Declaration Declaration of Stephanie Miller

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Oct. 20, 2017

Oct. 20, 2017

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TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on October 18, 2017; Page Numbers: 1-118. Date of Issuance: October 20, 2017. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 11/10/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018.(Dickman, Janice) (Entered: 10/20/2017)

Oct. 20, 2017

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28

ORDER granting 11 Motion for Preliminary Injunction. See ORDER for details. Signed by Judge Ellen S. Huvelle on October 25, 2017. (lcesh1) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

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MEMORANDUM OPINION granting plaintiffs' motion for preliminary injunction, ECF No. 11, and provisionally certifying a class. See MEMORANDUM OPINION and accompanying ORDER, ECF No. 28 for details. Signed by Judge Ellen S. Huvelle on October 25, 2017. (lcesh1) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

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MOTION to Clarify and for Administrative Stay by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Swinton, Nathan). Added MOTION to Stay on 10/30/2017 (znmw). (Entered: 10/27/2017)

1 Text of Proposed Order

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Oct. 27, 2017

Oct. 27, 2017

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ORDER granting 30 defendants' motion to clarify 28 Order granting preliminary injunction; denying 30 motion for administrative stay; denying without prejudice 18 defendant's cross-motion for summary judgment; setting 11/3/2017 as deadline for defendants' response to amended complaint and 11/28/2017 as deadline for response to 12 plaintiffs' motion for class certification. Signed by Judge Ellen S. Huvelle on October 27, 2017. (AG) (Entered: 10/27/2017)

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AMENDED ORDER granting motion for preliminary injunction issued to clarify 28 Order on Motion for Preliminary Injunction. Signed by Judge Ellen S. Huvelle on October 27, 2017. (AG) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

Clearinghouse

Set/Reset Deadlines: Response to plaintiff's motion for class certification due by 11/28/2017 (gdf)

Oct. 30, 2017

Oct. 30, 2017

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Set/Reset Deadlines

Oct. 30, 2017

Oct. 30, 2017

PACER
33

AMENDED COMPLAINT against JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE filed by MAHLON KIRWA, ASHOK VISWANATHAN, SANTHOSH MEENHALLIMATH.(LoBue, Joseph) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

Clearinghouse
34

SUPPLEMENTAL MEMORANDUM to re 12 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel filed by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN. (LoBue, Joseph) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
35

MOTION to Enforce Court Order (Dkt 32) by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Declaration of Jennifer M. Wollenberg, # 9 Text of Proposed Order)(LoBue, Joseph) (Entered: 11/15/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Declaration of Jennifer M. Wollenberg

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9 Text of Proposed Order

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Nov. 15, 2017

Nov. 15, 2017

PACER
36

TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on 9-25-17; Page Numbers: 1-7. Date of Issuance:11-16-17. Court Reporter/Transcriber Lisa Griffith, Telephone number (202) 354-3247, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 12/7/2017. Redacted Transcript Deadline set for 12/17/2017. Release of Transcript Restriction set for 2/14/2018.(Griffith, Lisa) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER

Set/Reset Deadlines

Nov. 16, 2017

Nov. 16, 2017

PACER
37

ORDER re 35 MOTION to Enforce Court Order (Dkt 32) filed by ASHOK VISWANATHAN, SANTHOSH MEENHALLIMATH, MAHLON KIRWA. See ORDER for details. Signed by Judge Ellen S. Huvelle on November 16, 2017. (lcesh1) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

Clearinghouse

Set/Reset Deadlines: Responses due by 11/29/2017. Reply due by 12/4/2017. (gdf)

Nov. 16, 2017

Nov. 16, 2017

PACER
38

NOTICE of Filing of Certification and Index of Administrative Record by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Exhibit Certification of Administrative Record, # 2 Exhibit Index to Administrative Record)(Swinton, Nathan) (Entered: 11/17/2017)

1 Exhibit Certification of Administrative Record

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2 Exhibit Index to Administrative Record

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Nov. 17, 2017

Nov. 17, 2017

PACER
39

MOTION to Dismiss Amended Complaint or in the Alternative for Summary Judgment by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Memorandum in Support, # 2 Exhibit October 17, 2017 DoD Memorandum for Secretaries of the Military Departments, # 3 Exhibit October 27, 2017 Army Memorandum for Chief, Army Reserve, # 4 Declaration Declaration of Col. Brian Thomas, # 5 Declaration Declaration of Stephanie Miller, # 6 Text of Proposed Order)(Swinton, Nathan). Added MOTION for Summary Judgment on 11/20/2017 (znmw). (Entered: 11/17/2017)

1 Memorandum in Support

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2 Exhibit October 17, 2017 DoD Memorandum for Secretaries of the Military Departme

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3 Exhibit October 27, 2017 Army Memorandum for Chief, Army Reserve

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4 Declaration Declaration of Col. Brian Thomas

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5 Declaration Declaration of Stephanie Miller

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6 Text of Proposed Order

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Nov. 17, 2017

Nov. 17, 2017

RECAP

Set/Reset Deadlines

Nov. 20, 2017

Nov. 20, 2017

PACER
40

NOTICE of Defendants' Non-Opposition to Plaintiffs' Motion for Class Certification by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE re 12 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel (Swinton, Nathan) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

PACER
41

RESPONSE re 35 MOTION to Enforce Court Order (Dkt 32) filed by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit List, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L)(Swinton, Nathan) (Entered: 11/29/2017)

1 Exhibit List

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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8 Exhibit Exhibit G

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9 Exhibit Exhibit H

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10 Exhibit Exhibit I

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11 Exhibit Exhibit J

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12 Exhibit Exhibit K

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13 Exhibit Exhibit L

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Nov. 29, 2017

Nov. 29, 2017

PACER
42

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Swinton, Nathan) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
43

NOTICE of Filing of Proposed Joint Communication to Class Members by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Swinton, Nathan) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER

MINUTE ORDER granting 42 Sealed Motion for Leave to File Document Under Seal:On consideration of defendants' Motion to Seal Exhibit Containing Personally Identifiable Information, it is hereby ORDERED that the motion is GRANTED, and the attached unredacted exhibit, (redacted exhibit ECF No. [41-13]) shall remain under seal on the Courts public docket. Signed by Judge Ellen S. Huvelle on November 30, 2017. (lcesh1)

Nov. 30, 2017

Nov. 30, 2017

PACER

Order on Sealed Motion for Leave to File Document Under Seal

Nov. 30, 2017

Nov. 30, 2017

PACER
44

REPLY re 12 MOTION to Certify Class Plaintiffs' Reply Brief in Support of Their Motion for Class Certification filed by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN. (LoBue, Joseph) Modified link on 12/1/2017 (znmw). (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
45

MOTION for Leave to File Supplemental Brief by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order, # 2 Defendants' Supplemental Filing)(Swinton, Nathan) (Entered: 11/30/2017)

1 Text of Proposed Order

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2 Defendants' Supplemental Filing

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Nov. 30, 2017

Nov. 30, 2017

PACER
46

SEALED DOCUMENT filed by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE. (This document is SEALED and only available to authorized persons.)(znmw) (Entered: 12/01/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER

MINUTE ORDER: It is hereby ORDERED that for all motions or briefings exceeding 25 pages, or otherwise including exhibits, counsel shall provide Chambers with two courtesy paper copies. All courtesy copies should be in 3-ring binders with tabbed exhibits and an exhibit list/table of contents. Signed by Judge Ellen S. Huvelle on December 1, 2017. (lcesh1)

Dec. 1, 2017

Dec. 1, 2017

PACER

.Order

Dec. 1, 2017

Dec. 1, 2017

PACER

MINUTE ORDER: The day for plaintiffs filing of a reply regarding the motion to enforce the Court's Order, ECF No. 35 is hereby SUSPENDED until further notice. Signed by Judge Ellen S. Huvelle on December 1, 2017. (lcesh1)

Dec. 1, 2017

Dec. 1, 2017

PACER

Order

Dec. 1, 2017

Dec. 1, 2017

PACER
47

MEMORANDUM OPINION in support of ORDER 48 granting 12 Motion to Certify Class; granting 12 Motion to Appoint Counsel. Signed by Judge Ellen S. Huvelle on December 1, 2017. (lcesh1) (Main Document 47 replaced on 12/4/2017) (jf). (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

Clearinghouse
48

ORDER: granting Motion to Certify Class, Motion to Appoint Counsel, for the reasons stated in the accompanying Memorandum Opinion 47 . Signed by Judge Ellen S. Huvelle on December 1, 2017. (lcesh1) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
49

Memorandum in opposition to re 39 MOTION to Dismiss Amended Complaint or in the Alternative for Summary Judgment MOTION for Summary Judgment filed by MAHLON KIRWA, SANTHOSH MEENHALLIMATH, ASHOK VISWANATHAN. (Attachments: # 1 Text of Proposed Order)(LoBue, Joseph) (Entered: 12/01/2017)

1 Text of Proposed Order

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Dec. 1, 2017

Dec. 1, 2017

PACER
50

REPLY to opposition to motion re 39 MOTION to Dismiss Amended Complaint or in the Alternative for Summary Judgment MOTION for Summary Judgment filed by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE. (Swinton, Nathan) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
51

ORDER directing defendants to file documents. See ORDER for details. Signed by Judge Ellen S. Huvelle on December 11, 2017. (lcesh1) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER

Set/Reset Deadlines

Dec. 11, 2017

Dec. 11, 2017

PACER

Set/Reset Deadlines: Administrative Record due by 12/14/2017. (gdf)

Dec. 11, 2017

Dec. 11, 2017

PACER
52

NOTICE of Lodging of Classified Document by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Swinton, Nathan) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
53

NOTICE of Filing of Administrative Record and Army Memorandum by JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Exhibit Administrative Record, # 2 Exhibit Army memorandum)(Swinton, Nathan) (Entered: 12/13/2017)

1 Exhibit Administrative Record

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2 Exhibit Army memorandum

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Dec. 13, 2017

Dec. 13, 2017

PACER
54

ORDER re Class Notice. See ORDER for details. Attachments: # 1 Class Notice, # 2 Attachment A to Class Notice. Signed by Judge Ellen S. Huvelle on December 14, 2017.(lcesh1) (Entered: 12/14/2017)

1 Class Notice

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2 Attachment A to Class Notice

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Dec. 14, 2017

Dec. 14, 2017

PACER

MINUTE ORDER denying, as moot, 35 Motion to Enforce in light of the Court's Order re Class Notice 54 . Signed by Judge Ellen S. Huvelle on December 15, 2017. (lcesh1)

Dec. 15, 2017

Dec. 15, 2017

PACER

Order on Motion to Enforce

Dec. 15, 2017

Dec. 15, 2017

PACER

Order on Motion to Enforce

Dec. 15, 2017

Dec. 15, 2017

PACER

MINUTE ORDER denying, as moot, 45 Motion for Leave to File in light of the Court's Order re Class Notice 54 . Signed by Judge Ellen S. Huvelle on December 15, 2017. (lcesh1)

Dec. 15, 2017

Dec. 15, 2017

PACER

Order on Motion for Leave to File

Dec. 15, 2017

Dec. 15, 2017

PACER
55

ORDER re status reports. See ORDER for details. Signed by Judge Ellen S. Huvelle on December 15, 2017. (lcesh1) (Main Document 55 replaced on 12/19/2017) (zjf). (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER

Set/Reset Deadlines: Status Report due by 1/3/2018 (gdf)

Dec. 19, 2017

Dec. 19, 2017

PACER

Set/Reset Deadlines

Dec. 19, 2017

Dec. 19, 2017

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 1, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

People who enlisted in the Military Accessions Vital to the National Interest (“MAVNI”) program before October 13, 2017 who have served in the Selected Reserve and who have not received a completed Form N–426.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Department of Defense (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Reporting

Amount Defendant Pays: $700,000

Order Duration: 2017 - None

Issues

Immigration/Border:

Constitutional rights

U.S. citizenship - acquiring