Case: West Virginia v. Department of Homeland Security

State of West Virginia v. United States Department of Homeland Security

State of West Virginia v. United States Department of Homeland Security

State of West Virginia v. United States Department of Homeland Security

State of West Virginia v. United States Department of Homeland Security

COMPLAINT against United States Department of Homeland Security, Alejandro Mayorkas filed by State of West Virginia. Filing Fee $402.00 PAID. Receipt #AWVNDC-3320700. (Attachments: # 1 Civil Cover Sheet)[Kleeh](cnd) Modified docket text on 8/19/2021 (cnd). (Entered: 08/19/2021)

CERTIFICATE OF SERVICE by State of West Virginia re 1 Complaint, (Attachments: # 1 Envelope, # 2 Summons)(Capehart, Curtis) (Entered: 08/24/2021)

CERTIFICATE OF SERVICE by State of West Virginia re 1 Complaint, (Attachments: # 1 Envelope, # 2 Summons)(Capehart, Curtis) (Entered: 08/24/2021)

VERIFICATION OF ATTORNEY ADMISSION as to Douglas Buffington, II re 1 Complaint. (copy Atty Buffington) (cnd) (Entered: 08/24/2021)

NOTICE of Appearance by Christopher James Prezioso on behalf of Alejandro Mayorkas, United States Department of Homeland Security (Prezioso, Christopher) (Entered: 11/02/2021)

ORDER SCHEDULING STATUS CONFERENCE: A Status Conference is SCHEDULED for 11/8/2021 10:30 AM in Elkins District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh. Signed by District Judge Thomas S. Kleeh on 11/3/2021. (cnd) (Entered: 11/03/2021)

MOTION for Extension of Time to File Answer re 1 Complaint, by Alejandro Mayorkas, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Prezioso, Christopher) (Entered: 11/03/2021)

MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Thomas S. Kleeh: Status Conference held on 11/8/2021. (Court Reporter Jill Cutter) (cnd) (Entered: 11/08/2021)

ORDER FOLLOWING NOVEMBER 8, 2021 STATUS CONFERENCE: The Court GRANTED Defendants' 8 Motion for Extension to Answer or Otherwise Respond to Plaintiff's Complaint. The Court further ORDERED that the parties MEET AND CONFER on or before 12/3/2021. Defendants shall have until 12/10/2021 to answer or respond to Plaintiff's Complaint; United States Department of Homeland Security and Alejandro Mayorkas answer due 12/10/2021. The Court DIRECTS any motion for injunctive relief to be filed on or before 5:00 pm on 1/3/2022. Signed by District Judge Thomas S. Kleeh on 11/8/2021. (cnd) (Entered: 11/08/2021)

MOTION Department of Justice Application for Admission Pro Hac Vice Elissa Fudim by Alejandro Mayorkas, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Prezioso, Christopher) (Entered: 11/09/2021)

ORDER APPROVING DEPARTMENT OF JUSTICE ATTORNEY'S APPLICATION TO APPEAR PRO HAC VICE: It is ORDERED that Elissa Fudim's 11 Applicationi/Motion for Admissioin Pro Hac Vice is hereby APPROVED. Attorney Elissa P. Fudim for Alejandro Mayorkas, United States Department of Homeland Security added. Signed by District Judge Thomas S. Kleeh on 11/10/2021. (cnd) (Entered: 11/10/2021)

MOTION for Leave to File Amended Complaint by State of West Virginia. (Attachments: # 1 Proposed Order Leave to Amend Complaint)(Capehart, Curtis) (Entered: 12/09/2021)

ORDER: It is ORDERED that the State may file an Amended Complaint on or before 12/22/2021 and the Defendants may file an Answer to the Amended Complaint on or before 1/21/2022. Signed by District Judge Thomas S. Kleeh on 12/9/2021. (cnd) (Entered: 12/09/2021)

AMENDED COMPLAINT against All Defendants, filed by State of West Virginia.(Capehart, Curtis) (Entered: 12/22/2021)

MOTION for Extension of Time to File Motion for Preliminary Injunction by State of West Virginia. (Capehart, Curtis) (Entered: 12/22/2021)

ORDER: It is ORDERED that any motion for a preliminary injunction be filed on or before 1/19/2022. Signed by District Judge Thomas S. Kleeh on 12/23/2021. (cnd) (Entered: 12/23/2021)

MOTION to Stay by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 12/30/2021)

MEMORANDUM IN SUPPORT OF by Alejandro Mayorkas, United States Department of Homeland Security re 18 MOTION to Stay . (Prezioso, Christopher) (Entered: 12/30/2021)

MOTION to Stay ADMINISTRATIVE STAY PENDING BRIEFING ON MOTION FOR STAY by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 12/30/2021)

ORDER DIRECTING RESPONSE: The Court DIRECTS Plaintiff to file a response to Defendants' 18 MOTION to Stay, 20 MOTION to Stay by 1/7/2022. Signed by District Judge Thomas S. Kleeh on 1/4/2022. (cnd) (Entered: 01/04/2022)

Memorandum in Opposition re 18 MOTION to Stay, 20 MOTION to Stay ADMINISTRATIVE STAY PENDING BRIEFING ON MOTION FOR STAY filed by State of West Virginia. (Capehart, Curtis) (Entered: 01/07/2022)

REPLY to Response to Motion re 18 MOTION to Stay, 20 MOTION to Stay ADMINISTRATIVE STAY PENDING BRIEFING ON MOTION FOR STAY filed by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 01/11/2022)

MOTION for Extension of Time to File Motion for Preliminary Injunction by State of West Virginia. (Attachments: # 1 Proposed Order)(Capehart, Curtis) (Entered: 01/18/2022)

1 Proposed Order

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MOTION for Extension of Time to File Answer re 15 Amended Complaint by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 01/18/2022)

ORDER: It is ORDERED that the 24 Motion for Extension of Time to File is granted and the Motion for Preliminary Injunction may now be filed by 1/26/2022. Signed by District Judge Thomas S. Kleeh on 1/19/2022. (cnd) (Entered: 01/19/2022)

Proposed Order re 25 MOTION for Extension of Time to File Answer re 15 Amended Complaint by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 01/19/2022)

ORDER GRANTING DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE FIRST RESPONSIVE PLEADING: It is ORDERED that Defendant's 25 Motion is GRANTED and that 2/21/2022 is designated as the date by which Defendants must answer or otherwise respond to Plaintiff's 15 Amended Complaint. Signed by District Judge Thomas S. Kleeh on 1/19/2022. (cnd) (Entered: 01/19/2022)

ORDER OF ADMINISTRATIVE STAY. The 20 motion for administrative stay is GRANTED and Defendants' 18 motion to stay pending the conclusion of proceedings in Texas v. Biden is DENIED without prejudice with leave to refile. Signed by District Judge Thomas S. Kleeh on 1/26/22. (lmm) (Entered: 01/26/2022)

MOTION to Stay RENEWED MOTION FOR A STAY PENDING DECISION IN BIDEN V. TEXAS by Alejandro Mayorkas, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Prezioso, Christopher) (Entered: 02/25/2022)

ORDER OF STAY PENDING DECISION IN BIDEN V TEXAS, NO. 21-954, 2022 WL 497412, AT *1 (U.S. Feb. 18, 2022): The Court hereby GRANTS Defendants' 30 Renewed Motion for Stay and ORDERS a STAY of this action pending resolution of Biden v. Texas, No. 21-954. Signed by District Judge Thomas S. Kleeh on 3/14/2022. (cnd) (Entered: 03/14/2022)

MOTION for Preliminary Injunction by State of West Virginia. (Capehart, Curtis) (Entered: 03/13/2023)

MEMORANDUM of Law in Support by State of West Virginia re 32 MOTION for Preliminary Injunction . (Capehart, Curtis) (Entered: 03/13/2023)

STIPULATION by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 03/21/2023)

NOTICE of Appearance by Maximillian F. Nogay on behalf of Alejandro Mayorkas, United States Department of Homeland Security (Nogay, Maximillian) (Entered: 03/21/2023)

MOTION to Strike 32 MOTION for Preliminary Injunction, 33 MEMORANDUM by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 04/21/2023)

ORDER SCHEDULING HEARING re 36 MOTION to Strike 32 MOTION for Preliminary Injunction, 32 MOTION for Preliminary Injunction: Motion Hearing set for 5/1/2023 02:00 PM in Clarksburg District Judge Courtroom, 2nd Floor before Chief District Judge Thomas S Kleeh. Signed by Chief District Judge Thomas S Kleeh on 4/21/2023. (cnd) (Entered: 04/21/2023)

MOTION for Leave to File Second Amended Complaint by State of West Virginia. (Attachments: # 1 Attachment Second Amended Complaint, # 2 Attachment Ex. A to Second Amended Complaint)(Capehart, Curtis) (Entered: 04/21/2023)

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MOTION To Appear By Remote Means Elissa P. Fudim by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 04/24/2023)

MOTION to Withdraw 32 MOTION for Preliminary Injunction, 33 MEMORANDUM by State of West Virginia. (Capehart, Curtis) (Entered: 04/25/2023)

ORDER GRANTING MOTION FOR ATTORNEY FUDIM TO APPEAR BY REMOTE MEANS: The Court GRANTS Defendants' 39 Motion to Appear by Remote Means on 5/1/2023. Signed by Chief District Judge Thomas S Kleeh on 4/28/2023. (cnd) (Entered: 04/28/2023)

NOTICE of Appearance by Chanin W. Krivonyak on behalf of State of West Virginia (Krivonyak, Chanin) (Entered: 04/28/2023)

MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Chief District Judge Thomas S Kleeh: Motion Hearing held on 5/1/2023 re: 32 MOTION for Preliminary Injunction filed by State of West Virginia and 36 MOTION to Strike 32 Motion for Preliminary Injunction filed by Defendants. (Court Reporter Rachel Kocher) (jb) (Entered: 05/01/2023)

ORDER LIFTING STAY AND DIRECTING PARTIES TO MEET AND CONFER. Signed by Chief District Judge Thomas S Kleeh on 5/2/2023. (cnd) (Entered: 05/02/2023)

Notice (Other)

Order (PUBLIC) AND Order on Motion for Extension of Time to File Response/Reply

Stipulation of Dismissal

Order Dismissing Case