Case: Fang v. Saldana

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of New York

Fang v. Director United States Immigration & Customs Enforcement

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Third Circuit

Dong v. Johnson

Dong v. Johnson

Dong v. Johnson

COMPLAINT against Jeh Johnson, Leon Rodriguez, Sarah Saldana filing fee $ 400, receipt number 0207-9078320 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jie Fang, Xiaoyu Zhang, Lifang Lin. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons Sarah Saldana, # 3 Proposed Summons Jeh Johnson, # 4 Proposed Summons Leon Rodriguez, # 5 Proposed Summons US Attorney General, # 6 Proposed Summons US Attorney) (Kurzban, Ira) (Entered: 11/18/2016)

NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet (missing second page). Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in NY-E Division of Business Rule 50.1(d)(2) section on the second page. This document can be found under the event Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla)

Notice (Other)

Civil Cover Sheet.. by Jie Fang, Lifang Lin, Xiaoyu Zhang (Kurzban, Ira) (Entered: 11/21/2016)

Case Assigned to Judge Eric N. Vitaliano. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

Case Assigned/Reassigned

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 11/22/2016)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 11/22/2016)

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) (Entered: 11/22/2016)

NOTICE of Appearance by Scott Dunn on behalf of All Defendants (aty to be noticed) (Dunn, Scott) (Entered: 11/29/2016)

NOTICE of Appearance by Melanie Dyani Hendry on behalf of All Defendants (aty to be noticed) (Hendry, Melanie) (Entered: 12/02/2016)

AMENDED COMPLAINT against Jeh Johnson, Leon Rodriguez, Sarah Saldana, filed by Xiaoyu Zhang, Jie Fang, Shaofu Li, Kaushalkumar Patel, Hirenkumar Patel. (Kurzban, Ira) (Entered: 12/09/2016)

MOTION for Leave to Appear Pro Hac Vice of Ian K. Shaw Filing fee $ 150, receipt number 0207-9128297. by Jie Fang, Shaofu Li, Hirenkumar Patel, Kaushalkumar Patel, Xiaoyu Zhang. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Shaw, Ian) (Entered: 12/09/2016)

MOTION for Leave to Appear Pro Hac Vice of Edward F. Ramos Filing fee $ 150, receipt number 0207-9128327. by Jie Fang, Shaofu Li, Hirenkumar Patel, Kaushalkumar Patel, Xiaoyu Zhang. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Ramos, Edward) (Entered: 12/09/2016)

ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. Attorney Ian K. Shaw is permitted to appear Pro Hac Vice on behalf of plaintiffs in this matter. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Judge Eric N. Vitaliano on 12/15/2016. (Simeone, Julie)

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Attorney Edward F. Ramos is permitted to appear Pro Hac Vice on behalf of plaintiffs in this matter. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Judge Eric N. Vitaliano on 12/15/2016. (Simeone, Julie)

Order on Motion for Leave to Appear

SUMMONS Returned Executed by Xiaoyu Zhang, Shaofu Li, Jie Fang, Hirenkumar Patel, Kaushalkumar Patel. Jeh Johnson served on 11/28/2016, answer due 1/27/2017; Leon Rodriguez served on 11/28/2016, answer due 1/27/2017; Sarah Saldana served on 11/28/2016, answer due 1/27/2017. (Attachments: # 1 Proof of Service) (Kurzban, Ira) (Entered: 01/18/2017)

ORDER. On or before 2/15/2017, defendants are directed to provide a brief status report regarding activity in Fang et al v. Saldana et al, 16-cv-6422. Ordered by Judge Eric N. Vitaliano on 2/8/2017. (Simeone, Julie)

Order

Letter Filed and dated February 14-2017 written in reponse to Court's Order tjhat parties provide a brief sttius report to the Court by February 15, 2017. by Sarah Saldana (Dunn, Scott) (Entered: 02/14/2017)

ORDER. On or before 3/15/17, the parties are directed to provide a status report regarding activity in Fang et al v. Saldana et al, 16-cv-6422. Ordered by Judge Eric N. Vitaliano on 2/15/2017. (Simeone, Julie)

Order

Letter Filed and dated 3-15-17 by Sarah Saldana (Dunn, Scott) (Entered: 03/15/2017)

Letter Filed and dated with Attachments on March 24, 2016. The letter moves to transfer venue. by Sarah Saldana (Attachments: # 1 Order of The Immigration Judge, # 2 Order Transfering Venue) (Dunn, Scott) (Entered: 03/24/2017)

ORDER DISMISSING CASE, Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. Ordered by Judge Eric N. Vitaliano on 3/28/2017. c/m (Galeano, Sonia) (Entered: 03/29/2017)

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:16-cv-06422. Original file certified copy of transfer order and docket sheet received. (Entered: 03/30/2017)

Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jjc) (Entered: 03/30/2017)

Judge Jose L. Linares and Magistrate Judge Joseph A. Dickson added. (eu, )

Add and Terminate Judges

NOTICE of Appearance by DANIEL WILLIAM MEYLER on behalf of All Defendants (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 04/05/2017)

Letter from Daniel W. Meyler. (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 04/10/2017)

TEXT ORDER: The parties are advised that an in person status conference is scheduled for 5/1/17 at 2:30 p.m.. So Ordered by Magistrate Judge Joseph A. Dickson on 4/11/17. (nm, ) (Entered: 04/11/2017)

TEXT ORDER: Counsel for defendant is to notify any counsel for plaintiff of the date and time of the status conference.. So Ordered by Magistrate Judge Joseph A. Dickson on 4/11/17. (nm, ) (Entered: 04/11/2017)

NOTICE of Appearance by THOMAS E. MOSELEY on behalf of All Plaintiffs (MOSELEY, THOMAS) (Entered: 04/26/2017)

APPLICATION/PETITION for Pro hac for by Jie Fang. (MOSELEY, THOMAS) (Entered: 04/27/2017)

APPLICATION/PETITION for by Jie Fang. (MOSELEY, THOMAS) (Entered: 04/28/2017)

Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Initial Pretrial Conference/Status Conference held on 5/1/2017. Telephone status conference scheduled for 6/15/17 at 3:30 p.m. Counsel for plaintiff is to initiate the call to 973-645-2580. (nm, )

Pretrial Conference - Initial

ORDER granting Pro hac vice admission as to Ira J. Kurzban, Esq., and Ian k. Shaw, Esq. re 24 Application/Petition filed by Jie Fang. Signed by Magistrate Judge Joseph A. Dickson on 5/5/17. (cm, ) (Entered: 05/05/2017)

Pro Hac Vice fee: $ 150, receipt number NEW033244 as to Ira J. Kurzban, Esq. (cm, )

Pro Hac Vice fee: $ 150, receipt number NEW033245 as to Ian K. Shaw, Esq. (cm, )

Pro Hac Vice Fee Received

Letter from Thomas E. Moseley re Pretrial Conference - Initial,. (MOSELEY, THOMAS) (Entered: 06/13/2017)

Letter from U.S. Attorney's Office. (MEYLER, DANIEL) (Entered: 06/13/2017)

TEXT ORDER: Per the request of plaintiff's counsel, the telephone status conference scheduled for 6/15/17 at 3:30 p.m. has been changed to an in person status conference, Courtroom 2D, US Courthouse Building, 50 Walnut Street, Newark, NJ.. So Ordered by Magistrate Judge Joseph A. Dickson on 6/14/17. (nm, ) (Entered: 06/14/2017)

Letter from Thomas E. Moseley re 27 Letter, 28 Order, 26 Letter. (MOSELEY, THOMAS) (Entered: 06/14/2017)

Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Status Conference held on 6/15/2017. (CD #ECR.) (nm, )

Status Conference

TEXT ORDER: Defendant to respond to complaint by 7/7/17. Telephone status conference scheduled for 9/7/17 at 11:30 a.m. Counsel for plaintiff is to initiate the call to 973-645-2580.. So Ordered by Magistrate Judge Joseph A. Dickson on 6/15/17. (nm, ) (Entered: 06/15/2017)

Transcript of Proceedings held on June 15, 2017, before Judge Joseph A. Dickson. Court Reporter/Transcriber KLJ Transcription Service, LLC (201-703-1670). (mfr) (Entered: 07/10/2017)

MOTION to Expedite Discovery by All Plaintiffs. (Attachments: # 1 Brief, # 2 Exhibit, # 3 Text of Proposed Order)(MOSELEY, THOMAS) (Entered: 07/06/2017)

Set Deadlines as to 31 MOTION to Expedite Discovery. Motion set for 8/7/2017 before Chief Judge Jose L. Linares. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm, )

MOTION to Dismiss for Lack of Jurisdiction by THOMAS D. HOMAN, JOHN F. KELLY, JAMES MCCAMENT. Responses due by 7/24/2017 (Attachments: # 1 Brief, # 2 Declaration of Lisa L. Newman (Exhibit 1), # 3 Declaration of Kristina C. Ellsworth-Spooner (Exhibit 2), # 4 Declaration of Craig Vanderhoff (Exhibit 3), # 5 Declaration of Daniel W. Meyler (Exhibit 4), # 6 Text of Proposed Order, # 7 Certificate of Service)(MEYLER, DANIEL) (Entered: 07/07/2017)

Set/Reset Motion and R&R Deadlines/Hearings

Set Deadlines as to 32 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 8/7/2017 before Chief Judge Jose L. Linares. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm, )

Letter from Thomas E. Moseley re 31 MOTION to Expedite Discovery, Set/Reset Motion and R&R Deadlines/Hearings, Set/Reset Motion and R&R Deadlines/Hearings, 32 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: # 1 Exhibit Proposed deposition notices)(MOSELEY, THOMAS) (Entered: 07/11/2017)

Letter from U.S. Attorney's Office re 34 Letter,. (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 07/13/2017)

Letter re 35 Letter. (MOSELEY, THOMAS) (Entered: 07/14/2017)

Text Order: I have read the letters on Plaintiffs Request to depose Defendants three declarants. (ECF No. 34, 35). The depositions will not go forward at this time because this Court wants additional letter briefing on the issue. The plaintiff shall address the scope of the requested depositions, which if to be considered at all, shall be limited. The Government shall, inter alia, in its response shall address the necessity of the District Courts consideration of the declarations at all in light of its arguments in ECF No. 35 that [d]etermining whether a notation in a government database constitutes a final agency action under the Administrative Procedures Act is a question of law. Plaintiffs letter shall be filed on or before July 18, 2017. The Government shall file its response on or before July 21, 2017. The return date to the motion to dismiss is now returnable on September 18, 2017. Plaintiffs response brief is due on or before September 5, 2017. Defendants reply brief is due on or before September 11, 2017. So Ordered by Magistrate Judge Joseph A. Dickson on 7/14/17. (nm, ) (Entered: 07/14/2017)

Letter from Thomas E. Moseley re 37 Order,,,,. (MOSELEY, THOMAS) (Entered: 07/18/2017)

Letter from U.S. Attorney's Office. (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 07/21/2017)

BRIEF in Opposition filed by THOMAS D. HOMAN, JOHN F. KELLY, JAMES MCCAMENT re 31 MOTION to Expedite Discovery (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 07/24/2017)

REPLY BRIEF to Opposition to Motion filed by All Plaintiffs re 31 MOTION to Expedite Discovery, 32 MOTION to Dismiss for Lack of Jurisdiction (MOSELEY, THOMAS) (Entered: 07/31/2017)

Letter from Defendants requesting adjournment of status conference and extension of briefing schedule. (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 08/15/2017)

Text Order: The parties are advised that an in-person conference has been scheduled for September 29, 2017 at 10 am. Furthermore, Plaintiff shall submit opposition to Defendant's motion to dismiss on or before September 15, 2017. The Government's reply is due on or before September 22, 2017.. So Ordered by Magistrate Judge Joseph A. Dickson on 8/18/17. (nm, ) (Entered: 08/18/2017)

Remark: The parties are advised that the telephone conference scheduled for 9/7/17 has been cancelled. (nm, )

Remark

MEMORANDUM in Opposition filed by All Plaintiffs re 31 MOTION to Expedite Discovery, 32 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Certificate of Service)(MOSELEY, THOMAS) (Entered: 09/15/2017)

Letter from Government Defendants requesting one-week extension of the Government's time to file a reply brief. (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 09/19/2017)

Letter from Thomas E. Moseley re 45 Letter. (MOSELEY, THOMAS) (Entered: 09/19/2017)

ORDER granting Government a one week extension of time to file a reply brief in support of its motion to dismiss until 9/29/17, etc. re 45 Letter. Signed by Chief Judge Jose L. Linares on 9/20/17. (cm, ) (Entered: 09/21/2017)

REPLY BRIEF to Opposition to Motion filed by THOMAS D. HOMAN, JAMES MCCAMENT, ELAINE DUKE re 32 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(MEYLER, DANIEL) (Entered: 09/28/2017)

Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Status Conference held on 9/29/2017. (CD #ECR.) (nm, )

Status Conference

TEXT ORDER - The parties shall meet and confer and provide the Court with both a joint status letter and a joint proposed discovery plan by 10/20/17. If the parties are unable to agree on the content of a joint status letter, they may submit individual status letters by 10/20/17.. So Ordered by Magistrate Judge Joseph A. Dickson on 9/29/17. (nm, ) (Entered: 10/02/2017)

OPINION. Signed by Chief Judge Jose L. Linares on 10/2/17. (cm, ) (Entered: 10/02/2017)

ORDER and JUDGMENT granting 32 Motion to Dismiss for Lack of Jurisdiction ***CIVIL CASE TERMINATED. Signed by Chief Judge Jose L. Linares on 10/2/17. (cm, ) (Entered: 10/02/2017)

NOTICE OF APPEAL as to 50 Opinion, 51 Order on Motion to Dismiss/Lack of Jurisdiction by Jie Fang, Shaofu Li, Lifang Lin, Hirenkumar Patel, Kaushalkumar Patel, Xiaoyu Zhang. Filing fee $ 505, receipt number 0312-8178375. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. Appeal Record due by 11/20/2017. (MOSELEY, THOMAS) (Entered: 10/20/2017)

USCA Case Number 17-3318 for 52 Notice of Appeal (USCA), filed by Hirenkumar Patel, Xiaoyu Zhang, Lifang Lin, Jie Fang, Shaofu Li, Kaushalkumar Patel. USCA Case Manager Tonya (Document Restricted - Court Only) (Tonya) (Entered: 10/24/2017)

TRANSCRIPT REQUEST by All Plaintiffs for proceedings held on None before Judge Linares.. (MOSELEY, THOMAS) (Entered: 11/09/2017)

USCA JUDGMENT as to 52 Notice of Appeal (USCA) filed by Hirenkumar Patel, Xiaoyu Zhang, Lifang Lin, Jie Fang, Shaofu Li, Kaushalkumar Patel. Vacated and Remanded the judgment/order of the District Court. (ca3kr) (Entered: 08/15/2019)

TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Esther Salas for all further proceedings. Judge Jose L. Linares no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 09/04/19. (aw, ) (Entered: 09/06/2019)

TEXT ORDER: Telephone Conference has been scheduled for 10/2/2019 at 3:00 PM before Judge Esther Salas. Each party shall file a 3 page status letter by 9/27/2019. Plaintiff's counsel shall kindly coordinate the call. Please use phone number (973) 297-4887 for the call. So Ordered by Judge Esther Salas on 9/17/2019. (ps, ) (Entered: 09/17/2019)

Letter from the U.S. Attorney's Office (status update). (Attachments: # 1 Exhibit A (Motion to Circuit Court))(MEYLER, DANIEL) (Entered: 09/26/2019)

TEXT ORDER: The Court is in receipt of Defendants letter (D.E. No. 58 ). The status conference scheduled for 10/2/2019 at 3:00 PM is cancelled. This matter will remain closed until the rehearing issue is resolved and the Third Circuit issues a mandate. So Ordered by Judge Esther Salas on 09/27/2019. (ek) (Entered: 09/27/2019)

STATUS REPORT by All Plaintiffs. (MOSELEY, THOMAS) (Entered: 09/27/2019)

CLERK'S QUALITY CONTROL MESSAGE - The STATUS REPORT document number 60 submitted by Thomas E. Moseley on 09/27/2019 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.) This submission will remain on the docket unless otherwise ordered by the court. (ek)

QC - Document Not Signed by Attorney

MANDATE of USCA issued. (Attachments: # 1 mandate letter, # 2 opinion)(ca3tmm, ) (Entered: 01/06/2020)

Mandate Notice

Substitution of Attorney - Attorney DANIEL WILLIAM MEYLER terminated. Attorney KRUTI D. DHARIA for ELAINE DUKE,KRUTI D. DHARIA for THOMAS D. HOMAN,KRUTI D. DHARIA for JEH JOHNSON,KRUTI D. DHARIA for JOHN F. KELLY,KRUTI D. DHARIA for JAMES MCCAMENT,KRUTI D. DHARIA for LEON RODRIGUEZ,KRUTI D. DHARIA for Sarah Saldana added.. (DHARIA, KRUTI) (Entered: 01/06/2020)

Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 1/6/2020.. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (dam, )

TEXT ORDER: The parties are advised that an in-person Conference is scheduled for 2/13/20 at 2:00 p.m. in Newark-Courtroom 2D before Magistrate Judge Joseph A. Dickson. The parties shall be prepared to discuss the next steps in moving this litigation forward. So Ordered by Magistrate Judge Joseph A. Dickson on 1/7/20. (jbb) (Entered: 01/07/2020)

Letter from Plaintiffs' counsel, Ira J. Kurzban and Thomas Moseley re Mandate Notice,. (Attachments: # 1 Text of Proposed Order)(MOSELEY, THOMAS) (Entered: 01/17/2020)

Letter from the Government in response to plaintiffs' January 17th letter. (DHARIA, KRUTI) (Entered: 01/21/2020)

TEXT ORDER: The Court is in receipt of the parties' recent correspondence. (ECF Nos. 64, 65). The 2/13/20 in-person conference will proceed as scheduled. The parties shall meet and confer prior to the 2/13/20 conference so that they are prepared to jointly propose and discuss the next steps in this litigation. So Ordered by Magistrate Judge Joseph A. Dickson on 1/22/2020. (tjd) (Entered: 01/22/2020)

Order

Letter from Plaintiffs' counsel, requesting leave to withdraw the appearance of pro hac vice attorney Ian K. Shaw. (Attachments: # 1 Text of Proposed Order)(MOSELEY, THOMAS) (Entered: 02/05/2020)

ORDER granting Plaintiffs' request to withdraw attorney Ian K. Shaw as pro hac vice counsel for Plaintiffs in this action. Signed by Magistrate Judge Joseph A. Dickson on 2/6/2020. (sm) (Entered: 02/06/2020)