Case: Liu v. Democratic National Committee

U.S. Court of Appeals for the Second Circuit

***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Yu-Xi Liu to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 2/2/2021. (dnh)

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Lewis Y Liu. Document filed by Lewis Y Liu..(Liu, Yu-Xi) Modified on 1/29/2021 (dnh). (Entered: 01/28/2021)

COMPLAINT against Democratic National Committee (DNC). Document filed by Lewis Y Liu..(Liu, Yu-Xi) (Entered: 01/28/2021)

CIVIL COVER SHEET filed..(Liu, Yu-Xi) (Entered: 01/28/2021)

Notice to Attorney to File Initial Pleading

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Yu-Xi Liu. The party information for the following party/parties has been modified: Democratic National Committee (DNC). The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (dnh)

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Yu-Xi Liu. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (dnh)

Civil Case Opening Fee Paid electronically via Pay.gov: for 2 Complaint. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-23722708, paid on 1/28/2021..(dnh)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh)

Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh)

Case Designated ECF. (dnh)

Notice to Attorney Regarding Party Modification

Notice to Attorney Regarding Case Opening Statistical Error Correction

Case Opening Fee Paid via Pay.gov

Case Opening Initial Assignment Notice

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to DEMOCRATIC NATIONAL COMMITTEE, re: 2 Complaint. Document filed by Lewis Y Liu..(Liu, Yu-Xi) Modified on 2/2/2021 (sj). (Entered: 02/01/2021)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Yu-Xi Liu to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the offical A.O. Summons form was completed by the attorney. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

REQUEST FOR ISSUANCE OF SUMMONS as to DEMOCRATIC NATIONAL COMMITTEE, re: 2 Complaint. Document filed by Lewis Y Liu..(Liu, Yu-Xi) (Entered: 02/02/2021)

Notice to Attorney Regarding Deficient Request for Issuance of Summons

ELECTRONIC SUMMONS ISSUED as to Democratic National Committee..(jgo) (Entered: 02/03/2021)

NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on March 5, 2021, at 2:00 p.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. (As further set forth in this Order.) Initial Conference set for 5/3/2021 at 02:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 2/12/2021) (cf) (Entered: 02/12/2021)

NOTICE OF APPEARANCE by Adam Hugh Schuman on behalf of Democratic National Committee..(Schuman, Adam) (Entered: 02/16/2021)

AFFIDAVIT OF SERVICE of Summons and Complaint. Democratic National Committee served on 2/11/2021, answer due 3/4/2021. Service was accepted by Ms. Emma Olsen Sharpkey, Esq. Document filed by Lewis Y Liu..(Liu, Yu-Xi) (Entered: 02/19/2021)

NOTICE OF APPEARANCE by Elisabeth C. Frost on behalf of Democratic National Committee..(Frost, Elisabeth) (Entered: 02/23/2021)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Democratic National Committee..(Frost, Elisabeth) (Entered: 02/23/2021)

LETTER addressed to Judge Lewis J. Liman from Elisabeth C. Frost dated February 23, 2021 re: Defendant Democratic National Committee's Intent to File a Motion to Dismiss. Document filed by Democratic National Committee..(Frost, Elisabeth) (Entered: 02/23/2021)

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jacob Shelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24055028. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Democratic National Committee. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order).(Shelly, Jacob) Modified on 2/24/2021 (wb). (Entered: 02/23/2021)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Jacob Shelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24055028. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit not Notarized.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

MOTION for Jacob Shelly to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Democratic National Committee. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order).(Shelly, Jacob) (Entered: 02/24/2021)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Jacob Shelly to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

PROPOSED CASE MANAGEMENT PLAN. Document filed by Democratic National Committee. (Attachments: # 1 Exhibit Joint Letter re: Case Management Plan).(Frost, Elisabeth) (Entered: 02/26/2021)

LETTER addressed to Judge Lewis J. Liman from Elisabeth C. Frost dated March 4, 2021 re: Agreement on the Briefing Schedule for Defendant's Motion to Dismiss. Document filed by Democratic National Committee..(Frost, Elisabeth) (Entered: 03/04/2021)

MOTION to Dismiss . Document filed by Democratic National Committee. Responses due by 4/5/2021 Return Date set for 4/20/2021 at 11:59 PM. (Attachments: # 1 Text of Proposed Order).(Frost, Elisabeth) (Entered: 03/04/2021)

MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss . . Document filed by Democratic National Committee..(Frost, Elisabeth) (Entered: 03/04/2021)

JOINT LETTER addressed to Judge Lewis J. Liman from Elisabeth C. Frost dated March 5, 2021 re: Technical Issue With Conference. Document filed by Democratic National Committee..(Frost, Elisabeth) (Entered: 03/05/2021)

ORDER Letter re: 19 Technical Issue With Conference filed by Democratic National Committee. The Initial Pretrial Conference is rescheduled to March 12, 2021 at 3:00PM. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. The rescheduling is as a result of a docketing error which incorrectly calendared today's Initial Conference on the Court's calendar, and through no fault of the parties. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)

Set/Reset Hearings: Initial Conference set for 3/12/2021 at 03:00 PM before Judge Lewis J. Liman. (mf)

Order

ORDER granting 14 Motion for Jacob Shelly to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt) (Entered: 03/12/2021)

Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 3/12/2021 by Telephone Conference. Yu-Xi Liu present by telephone for Plaintiff. Elisabeth Frost and Jacob Shelly present by telephone for Defendant. Court reporter present by telephone. Discovery is stayed pending resolution of the motion to dismiss. (mf) Modified on 3/17/2021 (mf).

Order on Motion to Appear Pro Hac Vice

Pretrial Conference - Initial

DECLARATION of Lewis Y Liu in Opposition re: 17 MOTION to Dismiss .. Document filed by Lewis Y Liu..(Liu, Yu-Xi) (Entered: 03/29/2021)

MEMORANDUM OF LAW in Opposition re: 17 MOTION to Dismiss . . Document filed by Lewis Y Liu..(Liu, Yu-Xi) (Entered: 03/29/2021)

RESPONSE in Support of Motion re: 17 MOTION to Dismiss . . Document filed by Democratic National Committee..(Frost, Elisabeth) (Entered: 04/15/2021)

NOTICE OF CHANGE OF ADDRESS by Elisabeth C. Frost on behalf of Democratic National Committee. New Address: Elias Law Group LLP, 10 G Street NE, Suite 600, Washington, DC, United States 20002, 202-968-4513..(Frost, Elisabeth) (Entered: 09/09/2021)

NOTICE OF CHANGE OF ADDRESS by Jacob D Shelly on behalf of Democratic National Committee. New Address: Elias Law Group LLP, 10 G St NE, Suite 600, Washington, DC, USA 20002, 202-968-4498..(Shelly, Jacob) (Entered: 09/15/2021)

OPINION AND ORDER re: 17 MOTION to Dismiss, filed by Democratic National Committee. For the reasons stated, the DNC's motion to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction is GRANTED. The Complaint is dismissed with prejudice. The Clerk of Court is respectfully directed to close Dkt. No. 17 and to close the case. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/12/2021) (va) Transmission to Orders and Judgments Clerk for processing. (Entered: 11/12/2021)

CLERK'S JUDGMENT re: 26 Memorandum & Opinion in favor of Democratic National Committee against Lewis Y Liu. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 12, 2021, the DNC's motion to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction is GRANTED. The Complaint is dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/12/2021) (Attachments: # 1 Right to Appeal) (km) (Entered: 11/12/2021)

ERRATA ORDER: The Opinion and Order filed on November 12, 2021 at Dkt. No. 26 erroneously dismissed the Complaint with prejudice. The Complaint is dismissed without prejudice. Along with this Errata Order the Court is separately filing an Amended Opinion and Order correcting this error. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/15/2021) (va) (Entered: 11/15/2021)

AMENDED OPINION AND ORDER: For the reasons stated, the DNC's motion to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction is GRANTED. "[W]hen a case is dismissed for lack of federal subject matter jurisdiction, 'Article III deprives federal courts of the power to dismiss [the] case with prejudice.'" Katz v. Donna Karan Co., L.L.C., 872 F.3d 114, 121 (2d Cir. 2017) (second alteration in original) (quoting Hernandez v. Conriv Realty Assocs., 182 F.3d 121, 123 (2d Cir. 1999)). Accordingly, the Complaint is dismissed without prejudice. The Clerk of Court is respectfully directed to close Dkt. No. 17 and to close the case. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/15/2021) (va) (Entered: 11/15/2021)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from 29 Memorandum & Opinion,,,. Form 7 and Form 22 are due within 14 days. Document filed by Lewis Y Liu. Filing fee $ 505.00, receipt number ANYSDC-25449579..(Liu, Yu-Xi) Modified on 12/10/2021 (tp). (Entered: 12/09/2021)

***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Liu, Yu-Xi to RE-FILE Document No. 30 Notice of Appeal to the Federal Circuit. The filing is deficient for the following reason(s): the wrong event type was used to file the appeal. Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp)

Notice to Attorney Regarding Deficient Appeal

FIRST NOTICE OF APPEAL from 29 Memorandum & Opinion,,,. Document filed by Lewis Y Liu. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Liu, Yu-Xi) (Entered: 12/11/2021)

Appeal Fee Paid electronically via Pay.gov: for 31 Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-25449579, paid on 12/9/2021. (tp)

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 31 Notice of Appeal. (tp)

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 31 Notice of Appeal filed by Lewis Y Liu were transmitted to the U.S. Court of Appeals. (tp)

Appeal Fee Paid via Pay.gov

Transmission of Notice of Appeal and Docket Sheet to USCA

Appeal Record Sent to USCA - Electronic File

NOTICE of Withdrawal as counsel of record for Defendant Democratic National Committee. Document filed by Democratic National Committee..(Schuman, Adam) (Entered: 12/15/2021)

MANDATE of USCA (Certified Copy) as to 31 Notice of Appeal filed by Lewis Y Liu. USCA Case Number 21-03021. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/13/2022..(nd) (Entered: 10/13/2022)