Case: Cortez v. United States of America

Complaint - Cortez v. United States

COMPLAINT [CLASS ACTION COMPLAINT] against United States of America filing fee $ 405, receipt number ANYEDC-18436409 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Douglas Cortez. (Attachments: # 1 Civil Cover Sheet) (Amanat, Farzin) Modified on 10/29/2024 (LJ). (Entered: 10/29/2024)

Case Assigned/Reassigned

Quality Control Check - Summons

Proposed Summons. Re 1 Complaint, by Douglas Cortez (Amanat, Farzin) (Entered: 10/29/2024)

Proposed Summons. Re 1 Complaint, by Douglas Cortez (Amanat, Farzin) (Entered: 10/29/2024)

NOTICE of Appearance by Peter Markowitz on behalf of All Plaintiffs (aty to be noticed) (Markowitz, Peter) (Entered: 10/29/2024)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 10/29/2024)

Case Assigned to Magistrate Judge Arlene R. Lindsay. 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. (LJ)

Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (LJ) (Entered: 10/29/2024)

Your proposed summonses were not issued for the following reason: Please include a summons with an address to serve defendant "United States of America" in addition to the addresses provided for the EDNY U.S. Attorney and United States Attorney General. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ)

Proposed Summons. Re 1 Complaint, by Douglas Cortez (Amanat, Farzin) (Entered: 10/29/2024)

Proposed Summons. Re 1 Complaint, by Douglas Cortez (Amanat, Farzin) (Entered: 10/29/2024)

NOTICE of Appearance by Mauricio Norona on behalf of Douglas Cortez (aty to be noticed) (Norona, Mauricio) (Entered: 10/29/2024)

Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (AMF) (Entered: 10/30/2024)

SCHEDULING ORDER: An Initial Conference is scheduled for January 8, 2025 at 11:00 before Magistrate Judge Arlene R. Lindsay. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 10/31/2024. c/ecf (RI) (Entered: 10/31/2024)

Notice of MOTION to Certify Class [Plaintiffs' Placeholder Motion for Class Certification, and Request to Hold Motion in Abeyance] by Douglas Cortez. (Attachments: # 1 Memorandum in Support) (Amanat, Farzin) (Entered: 11/21/2024)

NOTICE of Appearance by Robert W. Schumacher, II on behalf of United States of America (aty to be noticed) (Schumacher, Robert) (Entered: 11/22/2024)

Letter MOTION for Extension of Time to File Answer re 1 Complaint, by United States of America. (Schumacher, Robert) (Entered: 12/04/2024)

Order on Motion for Extension of Time to Answer

ORDER granting 14 Motion for Extension of Time to Answer. The time for Defendant United States of America to answer, move against or otherwise respond to the Complaint is extended until February 3, 2025. The Initial Conference scheduled for January 8, 2025 is adjourned until February 12, 2025 at 11:00 a.m. The time for Defendant to respond to Plaintiff's motion for class certification is extended until March 3, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 12/5/2024. (BJ)

NOTICE by Douglas Cortez : Joint Notice of Lack of All Parties' Consent to have a United States Magistrate Judge conduct all proceedings in accordance with 28 USC 636(c). The Clerk of the Court is respectfully requested to assign a United States District Judge to preside over this case. (Amanat, Farzin) (Entered: 12/09/2024)

Consent to Jurisdiction by US Magistrate Judge - Declined

Case Assigned/Reassigned AND Case Referred to Magistrate Judge

NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. c/ecf (RI)

Case Reassigned to Judge Joan M. Azrack and Magistrate Judge Arlene R. Lindsay. 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. (LJ)

NOTICE of Appearance by William H. Narwold on behalf of Douglas Cortez (aty to be noticed) (Narwold, William) (Entered: 12/19/2024)

Letter MOTION for pre motion conference for leave to file MTD by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Schumacher, Robert) (Entered: 02/03/2025)

MOTION for Extension of Time to File Response/Reply as to 17 Letter MOTION for pre motion conference for leave to file MTD, seeking, ON CONSENT of the Government, an extension until Friday February 14 to respond to 17 the Government's premotion letter. Respectfully submitted by Douglas Cortez. (Amanat, Farzin) (Entered: 02/07/2025)

Consent MOTION to Adjourn Conference . With the consent and concurrence of the Government, Plaintiff respectfully requests that the Court adjourn the initial conference scheduled for Wednesday, February 12, 2025, and to correspondingly stay discovery in the action, until the parties have completed briefing on the Government's motion to dismiss, and on Plaintiff's placeholder motion for class certification. At the conclusion of said briefing, the parties will meet and confer to assess whether it makes sense to continue the stay of discovery or to ask the Court to schedule a Rule 16(b) conference so that discovery may commence. Respectfully submitted by Douglas Cortez. (Amanat, Farzin) (Entered: 02/07/2025)

Order on Motion for Extension of Time to File Response/Reply

Order on Motion to Adjourn Conference AND Status Report Order

ORDER granting 18 Motion for Extension of Time to File Response/Reply. Ordered by Judge Joan M. Azrack on 2/10/2025. (AJS)

ORDER re 19 : The February 12, 2025 conference is adjourned and discovery is stayed until the parties have completed their briefing schedule. The parties are directed to submit a joint status letter on or before March 25, 2025.Ordered by Magistrate Judge Arlene R. Lindsay on 2/10/2025. c/ecf (RI)

RESPONSE in Opposition re 17 Letter MOTION for pre motion conference for leave to file MTD filed by Douglas Cortez. (Amanat, Farzin) (Entered: 02/14/2025)

RESPONSE to Motion re 12 Notice of MOTION to Certify Class [Plaintiffs' Placeholder Motion for Class Certification, and Request to Hold Motion in Abeyance] filed by United States of America. (Schumacher, Robert) (Entered: 03/03/2025)

REPLY in Support re 21 Response to Motion, 12 Notice of MOTION to Certify Class [Plaintiffs' Placeholder Motion for Class Certification, and Request to Hold Motion in Abeyance] [Letter to Judge Azrack in response to Government's letter of March 3] filed by Douglas Cortez. (Amanat, Farzin) (Entered: 03/10/2025)

AMENDED COMPLAINT [First Amended Class Action Complaint] against United States of America, filed by Douglas Cortez, NELL B. ARCHER. (Amanat, Farzin) (Entered: 03/14/2025)

Letter to Judge Azrack accompanying filing of Amended Complaint by NELL B. ARCHER, Douglas Cortez (Amanat, Farzin) (Entered: 03/14/2025)

STATUS REPORT (JOINT) by NELL B. ARCHER, Douglas Cortez (Amanat, Farzin) (Entered: 03/25/2025)

Status Report Order

ORDER re 25 : The parties are directed to submit a further status letter by April 25, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 3/26/2025. c/ecf (RI)

Consent MOTION to Withdraw 23 Amended Complaint Consent Motion to Withdraw Amended Complaint and Reinstate Initial Complaint by Douglas Cortez. (Amanat, Farzin) (Entered: 04/15/2025)

Order on Motion to Withdraw

ORDER re 26 : The motion to withdraw the amended complaint and reinstate the initial complaint as the operative pleading is granted. Ordered by Magistrate Judge Arlene R. Lindsay on 4/16/2025. c/ecf (RI)

STATUS REPORT by Douglas Cortez (Amanat, Farzin) (Entered: 04/25/2025)

Status Report Order

ORDER re 27 : The parties are directed to submit a further status letter by June 27, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 4/28/2025. c/ecf (RI)

Order on Motion for Pre Motion Conference

ORDER granting 17 Motion for Pre Motion Conference. A telephone pre motion conference is set for 7/15/2025 at 3:30 PM before Judge Joan M. Azrack. Counsel shall dial 571-353-2301 and enter access code 279933568 at the prompt. Ordered by Judge Joan M. Azrack on 6/24/2025. (AJS)

STATUS REPORT Joint Status Report by NELL B. ARCHER, Douglas Cortez (Amanat, Farzin) (Entered: 06/27/2025)

Status Report Order

ORDER re 28 : The parties are directed to submit a further status report by July 25, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 6/30/2025. c/ecf (RI)

Letter MOTION to Adjourn Conference by United States of America. (Schumacher, Robert) (Entered: 07/03/2025)

Order on Motion to Adjourn Conference

ORDER granting 29 Motion to Adjourn Conference. The telephone pre motion conference is rescheduled for 7/22/2025 at 3:30 PM before Judge Joan M. Azrack. Counsel shall dial 571-353-2301 and enter access code 279933568 at the prompt. Ordered by Judge Joan M. Azrack on 7/3/2025. (AJS)

Scheduling Order

SCHEDULING ORDER: Due to a change in this Court's calendar, the telephone pre-motion conference scheduled for 7/22/2025 will be held at 3:00 PM. Dial-in remains the same. Ordered by Judge Joan M. Azrack on 7/16/2025. (LP)

STATUS REPORT by United States of America (Schumacher, Robert) Modified on 7/18/2025 (LC). STRICKEN pursuant to 7/18/2025 Order of Judge Joan M. Azrack. This entry has been modified on 7/18/2025 to indicate Status Report 30 has been stricken. (LC). Modified on 7/18/2025 (LC). (Entered: 07/17/2025)

STATUS REPORT with Exhibit by United States of America (Attachments: # 1 Exhibit A) (Schumacher, Robert) (Entered: 07/17/2025)

1

View on RECAP

Letter MOTION to Strike 30 Status Report by United States of America. (Schumacher, Robert) (Entered: 07/18/2025)

Order on Motion to Strike

Order(Other)

ORDER granting 32 Motion to Strike. Ordered by Judge Joan M. Azrack on 7/18/2025. (AJS)

ORDER denying 31 Motion to Stay/Adjourn Conference. The telephone pre-motion conference scheduled for 7/22/2025 at 3:00 PM will take place as previously ordered. Dial-in remains the same. Ordered by Judge Joan M. Azrack on 7/18/2025. (AJS)

Letter

Appear Pro Hac Vice

Notice of Appearance

Evidentiary Hearing AND Pre Motion Conference AND ~Util - Set Hearings

Order(Other)

Order on Motion for Leave to Appear Pro Hac Vice