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COMPLAINT against MICHELLE KING, JAMES MCHENRY, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP, U.S DEPARTMENT OF STATE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION ( Filing fee $ 405 receipt number ADCDC-11446023) filed by OCA - ASIAN PACIFIC AMERICAN ADVOCATES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - MARCO RUBIO, # 3 Summons - U.S DEPARTMENT OF STATE, # 4 Summons - JAMES MCHENRY, # 5 Summons - U.S. DEPARTMENT OF JUSTICE, # 6 Summons - KRISTI NOEM, # 7 Summons - U.S. DEPARTMENT OF HOMELAND SECURITY, # 8 Summons - MICHELLE KING, # 9 Summons - U.S. SOCIAL SECURITY ADMINISTRATION, # 10 Summons - DONALD J. TRUMP)(Freedman, John) (Entered: 01/30/2025)
1 Civil Cover Sheet
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2 Summons - MARCO RUBIO
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3 Summons - U.S DEPARTMENT OF STATE
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4 Summons - JAMES MCHENRY
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5 Summons - U.S. DEPARTMENT OF JUSTICE
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6 Summons - KRISTI NOEM
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7 Summons - U.S. DEPARTMENT OF HOMELAND SECURITY
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8 Summons - MICHELLE KING
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9 Summons - U.S. SOCIAL SECURITY ADMINISTRATION
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10 Summons - DONALD J. TRUMP
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Jan. 30, 2025
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Jan. 30, 2025
Clearinghouse
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2
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REQUEST FOR SUMMONS TO ISSUE Civil Process Clerk U.S. Attorney's Office for D.C. filed by OCA - ASIAN PACIFIC AMERICAN ADVOCATES.(Freedman, John) (Entered: 01/30/2025)
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Jan. 30, 2025
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Jan. 30, 2025
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3
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NOTICE of Appearance by Noah Baron on behalf of All Plaintiffs (Baron, Noah) (Entered: 01/30/2025)
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Jan. 30, 2025
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Jan. 30, 2025
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NOTICE OF NEW CASE ERROR regarding 1 Complaint,,. The following error(s) need correction: Noncompliance with LCvR 5.1(c). Please file a Notice of Errata stating the error and attach the corrected initiating pleading to include the name & full residence address of each party and file using the event Errata. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmtm)
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Jan. 31, 2025
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Jan. 31, 2025
PACER
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ERRATA - NOTICE OF ERRATA RE: MISSING ADDRESSES IN COMPLAINT by OCA - ASIAN PACIFIC AMERICAN ADVOCATES re 1 Complaint,,. (Attachments: # 1 Exhibit - Corrected Complaint)(Freedman, John) (Entered: 01/31/2025)
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Jan. 31, 2025
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Jan. 31, 2025
PACER
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Case Assigned to Judge Timothy J. Kelly. (zmtm)
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Jan. 31, 2025
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Jan. 31, 2025
PACER
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5
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SUMMONS (10) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 01/31/2025)
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Jan. 31, 2025
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Jan. 31, 2025
PACER
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6
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STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 1/31/2025. (lctjk2) (Entered: 01/31/2025)
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Jan. 31, 2025
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Jan. 31, 2025
RECAP
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7
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NOTICE of Appearance by Sarah L. Bessell on behalf of All Plaintiffs (Bessell, Sarah) (Main Document 7 replaced on 2/7/2025) (znmw). (Entered: 02/07/2025)
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Feb. 7, 2025
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Feb. 7, 2025
PACER
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NOTICE of Appearance by Madeleine Gates on behalf of All Plaintiffs (Gates, Madeleine) (Entered: 02/07/2025)
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Feb. 7, 2025
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Feb. 7, 2025
PACER
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9
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NOTICE of Appearance by Kaitlin Rose Banner on behalf of All Plaintiffs (Banner, Kaitlin) (Main Document 9 replaced on 2/7/2025) (znmw). (Entered: 02/07/2025)
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Feb. 7, 2025
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Feb. 7, 2025
PACER
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NOTICE of Provisional/Government Not Certified Status re 9 NOTICE of Appearance by Kaitlin Rose Banner on behalf of All Plaintiffs (Banner, Kaitlin) (Main Document 9 replaced on 2/7/2025) (znmw)..Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/14/2025. (zhcn)
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Feb. 7, 2025
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Feb. 7, 2025
PACER
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RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 9 NOTICE of Appearance by Kaitlin Rose Banner on behalf of All Plaintiffs (Banner, Kaitlin) (Main Document 9 replaced on 2/7/2025) (znmw)..Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/14/2025. (zhcn) Modified on 2/12/2025 (zhcn).
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Feb. 7, 2025
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Feb. 7, 2025
PACER
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Notice of Provisional/Government Not Certified Status
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Feb. 10, 2025
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Feb. 10, 2025
PACER
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10
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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 2/4/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/5/2025. (Freedman, John) (Entered: 02/11/2025)
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Feb. 11, 2025
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Feb. 11, 2025
RECAP
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11
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NOTICE of Appearance by Niyati Shah on behalf of All Plaintiffs (Shah, Niyati) (Entered: 03/03/2025)
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March 3, 2025
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March 3, 2025
PACER
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12
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NOTICE of Appearance by Heather D. Graham-Oliver on behalf of All Defendants (Graham-Oliver, Heather) (Entered: 04/07/2025)
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April 7, 2025
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April 7, 2025
PACER
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13
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MOTION for Extension of Time to File A Response To Complaint by MICHELLE KING, JAMES MCHENRY, KRISTI NOEM, MARCO A. RUBIO, DONALD J. TRUMP, U.S DEPARTMENT OF STATE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION. (Graham-Oliver, Heather) (Entered: 04/07/2025)
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April 7, 2025
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April 7, 2025
RECAP
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RESPONSE re 13 MOTION for Extension of Time to File A Response To Complaint filed by OCA - ASIAN PACIFIC AMERICAN ADVOCATES. (Freedman, John) (Entered: 04/08/2025)
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April 8, 2025
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April 8, 2025
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MINUTE ORDER denying without prejudice Defendants' 13 Motion for Extension of Time. Before the Court is Defendants' 13 Motion for Extension of Time. In that motion, Defendants seek to extend the deadline to answer or otherwise respond to Plaintiff's 1 Complaint so that they may "file a Motion to Stay the proceedings." ECF No. 13 at 1. Plaintiff does not consent to this aspect of Defendants' 13 Motion. ECF No. 14 at 1. Under Federal Rule of Civil Procedure 6(b)(1), a court may, in its discretion, extend a deadline upon a showing of "good cause." See also Cooper v. DOJ, 169 F. Supp. 3d 20, 45 (D.D.C. 2016). While Defendants' 13 Motion requests the extension so that Defendants' counsel may "further review the pleadings as pertains to this case as well as the other cases filed concerning the [challenged] Executive Order and to file a motion to stay these proceedings," Defendants appear to have had access to the relevant pleadings--both in this case and in the other identified cases--for at least two months. And despite Defendants' conclusory assertion of "good cause shown," ECF No. 13 at 2, they do not explain why they were unable to file any response to the 1 Complaint--or the contemplated motion to stay--before the expiration of the current deadline. Additionally, Paragraph 10 of the Court's 6 Standing Order requires parties to submit extension motions "at least four days prior to the deadline at issue." ECF No. 6 ¶ 10 (emphasis omitted). "If a party cannot comply with this four-day requirement, it shall explain why it cannot do so in its motion." Instead of being filed four days prior to the relevant deadline, Defendants' 13 Motion was filed only twenty minutes before their response to the 1 Complaint was due. And Defendants' 13 Motion does not explain why Defendants failed to comply with the Court's 6 Standing Order. Thus, it is hereby ORDERED that Defendants' 13 Motion for Extension of Time is DENIED without prejudice. Defendants may renew their motion, and show "good cause" for the requested extension and "explain why" they failed to comply with the Court's 6 Standing Order, by April 11, 2025, at 5:00 p.m. Signed by Judge Timothy J. Kelly on 4/9/2025. (lctjk2)
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April 9, 2025
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April 9, 2025
PACER
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Order on Motion for Extension of Time to AND Set/Reset Deadlines
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April 9, 2025
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April 9, 2025
PACER
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Second MOTION for Extension of Time to File Responsive Pleading by MICHELLE KING, JAMES MCHENRY, KRISTI NOEM, MARCO A. RUBIO, DONALD J. TRUMP, U.S DEPARTMENT OF STATE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION. (Graham-Oliver, Heather) (Entered: 04/11/2025)
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April 11, 2025
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April 11, 2025
PACER
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Order on Motion for Extension of Time to AND Set/Reset Deadlines
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April 14, 2025
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April 14, 2025
PACER
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MINUTE ORDER treating as opposed and granting Defendants' 15 Renewed Motion for Extension of Time. Upon consideration of Defendants' 15 Renewed Motion for Extension of Time, and for good cause shown, it is hereby ORDERED, nunc pro tunc to April 7, 2025, that Defendants' 15 Motion is GRANTED. It is further ORDERED that Defendants shall answer or otherwise respond to Plaintiff's 1 Complaint by April 14, 2025. Signed by Judge Timothy J. Kelly on 4/14/2025. (lctjk2)
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April 14, 2025
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April 14, 2025
PACER
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MOTION to Stay Proceedings by MICHELLE KING, JAMES MCHENRY, KRISTI NOEM, MARCO A. RUBIO, DONALD J. TRUMP, U.S DEPARTMENT OF STATE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION. (Graham-Oliver, Heather) (Entered: 04/14/2025)
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April 14, 2025
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April 14, 2025
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17
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Memorandum in opposition to re 16 MOTION to Stay Proceedings filed by OCA - ASIAN PACIFIC AMERICAN ADVOCATES. (Attachments: # 1 Text of Proposed Order)(Freedman, John) (Entered: 04/28/2025)
1 Text of Proposed Order
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April 28, 2025
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April 28, 2025
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REPLY to opposition to motion re 16 Motion to Stay, filed by MICHELLE KING, JAMES MCHENRY, KRISTI NOEM, MARCO A. RUBIO, DONALD J. TRUMP, U.S DEPARTMENT OF STATE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION. (Graham-Oliver, Heather) (Entered: 05/05/2025)
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May 5, 2025
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May 5, 2025
RECAP
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MEMORANDUM ORDER denying Defendants' 16 Motion to Stay Proceedings and ordering Defendants to answer or otherwise respond to Plaintiff's 1 Complaint by June 4, 2025. Signed by Judge Timothy J. Kelly on 5/14/2025. (lctjk2) (Entered: 05/14/2025)
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May 14, 2025
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May 14, 2025
Clearinghouse
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MOTION for Extension of Time to File Responsive Pleading by MICHELLE KING, JAMES MCHENRY, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP, U.S DEPARTMENT OF STATE, U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 05/29/2025)
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May 29, 2025
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May 29, 2025
RECAP
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Memorandum in opposition to re 20 MOTION for Extension of Time to File Responsive Pleading filed by OCA - ASIAN PACIFIC AMERICAN ADVOCATES. (Freedman, John) (Entered: 05/30/2025)
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May 30, 2025
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May 30, 2025
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Order on Motion for Extension of Time to AND Set/Reset Deadlines
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June 2, 2025
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June 2, 2025
PACER
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Minute Order granting in part and denying part Defendants' 20 Motion for Extension of Time to Respond to the Complaint. Upon consideration of Defendants' 20 Motion and Plaintiff's 21 Opposition, it is hereby ORDERED that Defendants' 20 Motion is GRANTED IN PART and DENIED IN PART. It is further ORDERED that Defendants shall answer or otherwise respond to Plaintiff's 1 Complaint by June 18, 2025. The Court does not anticipate granting any further extensions. Signed by Judge Timothy J. Kelly on 6/2/2025. (lctjk2)
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June 2, 2025
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June 2, 2025
PACER
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MOTION to Dismiss Plaintiff's Complaint by MICHELLE KING, JAMES MCHENRY, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP, U.S DEPARTMENT OF STATE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION. (Graham-Oliver, Heather) (Entered: 06/18/2025)
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June 18, 2025
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June 18, 2025
RECAP
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MOTION for Summary Judgment by MICHELLE KING, JAMES MCHENRY, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP, U.S DEPARTMENT OF STATE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION. (Attachments: # 1 Statement of Facts)(Graham-Oliver, Heather) (Entered: 06/18/2025)
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June 18, 2025
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June 18, 2025
RECAP
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24
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Unopposed MOTION for Leave to File Amicus Briefin support of Defendants by IMMIGRATION REFORM LAW INSTITUTE. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Hajec, Christopher) (Entered: 06/24/2025)
1
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June 24, 2025
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June 24, 2025
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25
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NOTICE of Appearance by Christopher Joseph Hajec on behalf of IMMIGRATION REFORM LAW INSTITUTE (Hajec, Christopher) (Entered: 06/24/2025)
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June 24, 2025
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June 24, 2025
PACER
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NOTICE of Appearance by Matt A. Crapo on behalf of IMMIGRATION REFORM LAW INSTITUTE (Crapo, Matt) (Entered: 06/24/2025)
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June 24, 2025
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June 24, 2025
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MINUTE ORDER granting Amicus's 24 Unopposed Motion for Leave to File Amicus Curiae Brief. Upon consideration of Amicus's 24 Unopposed Motion, it is hereby ORDERED that the 24 Unopposed Motion is GRANTED. Signed by Judge Timothy J. Kelly on 6/26/2025. (lctjk2)
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June 26, 2025
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June 26, 2025
PACER
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27
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ENTERED IN ERROR.....NOTICE of Amended Complaint by OCA - ASIAN PACIFIC AMERICAN ADVOCATES, Jane Doe #1, Jane Doe #2, Baby Doe #1 (Attachments: # 1 Exhibit A (Amended Complaint), # 2 Exhibit B (Redline))(Freedman, John) Modified on 7/1/2025 (znmw). (Entered: 06/30/2025)
1 Exhibit A (Amended Complaint)
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2 Exhibit B (Redline)
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June 30, 2025
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June 30, 2025
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MOTION Proceed Pseudonymously by Baby Doe #1, Jane Doe #1, Jane Doe #2, OCA - ASIAN PACIFIC AMERICAN ADVOCATES. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Jane Doe #1, # 3 Affidavit Jane Doe #2, # 4 Text of Proposed Order)(Freedman, John) Modified event on 7/1/2025 (znmw). (Entered: 06/30/2025)
1 Memorandum in Support
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2 Affidavit Jane Doe #1
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3 Affidavit Jane Doe #2
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4 Text of Proposed Order
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June 30, 2025
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June 30, 2025
RECAP
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NOTICE OF ERROR regarding 27 Notice (Other). The following error(s) need correction: Incorrect event. Please refile using the event Amended Complaint. (znmw)
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July 1, 2025
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July 1, 2025
PACER
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AMENDED COMPLAINT against MICHELLE KING, JAMES MCHENRY, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP, U.S DEPARTMENT OF STATE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION filed by JANE DOE #2, BABY DOE #1, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, JANE DOE #1. (Attachments: # 1 Exhibit A (Amended Complaint), # 2 Exhibit B (Redline))(Freedman, John) (Entered: 07/01/2025)
1 Exhibit A (Amended Complaint)
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2 Exhibit B (Redline)
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July 1, 2025
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July 1, 2025
Clearinghouse
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NOTICE OF ERROR regarding 27 Notice (Other). The following error(s) need correction: Incorrect event. Please refile using the event Amended Complaint. (znmw)
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July 1, 2025
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July 1, 2025
PACER
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MINUTE ORDER granting Plaintiffs' 28 Motion to Proceed Pseudonymously. Upon consideration of the factors set forth in in re Sealed Case, 931 F.3d 92, 97 (D.C. Cir. 2019), for the reasons set forth in Plaintiffs' 28 Motion, and because Defendants do not oppose the relief sought, it is hereby ORDERED that Plaintiffs' 28 Motion is GRANTED. Signed by Judge Timothy J. Kelly on 7/2/2025. (lctjk2)
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July 2, 2025
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July 2, 2025
PACER
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MOTION for Partial Summary Judgment by BABY DOE #1, JANE DOE #1, JANE DOE #2, OCA - ASIAN PACIFIC AMERICAN ADVOCATES. (Attachments: # 1 Plaintiffs' Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiffs' Motion for Summary Judgment, # 2 Plaintiffs' Counterstatement of Disputed Facts, # 3 Plaintiffs' Rule 56 Statement of Material Facts not in Dispute, # 4 Declaration of John A. Freedman, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Expert Declaration of Professor Beth Lew-Williams, # 11 Expert Declaration of Professor Jayesh Rathod, # 12 Declaration of Thu Nguyen, # 13 Declaration of Jane Doe #1, # 14 Supplemental Declaration of Jane Doe #1, # 15 Declaration of Jane Doe #2, # 16 [Proposed] Order)(Freedman, John) (Entered: 07/02/2025)
1 Plaintiffs' Memorandum in Opposition to Defendants' Motion for Summar
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2 Plaintiffs' Counterstatement of Disputed Facts
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3 Plaintiffs' Rule 56 Statement of Material Facts not in Dispute
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4 Declaration of John A. Freedman
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5 Exhibit 1
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6 Exhibit 2
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7 Exhibit 3
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8 Exhibit 4
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9 Exhibit 5
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10 Expert Declaration of Professor Beth Lew-Williams
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11 Expert Declaration of Professor Jayesh Rathod
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12 Declaration of Thu Nguyen
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13 Declaration of Jane Doe #1
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14 Supplemental Declaration of Jane Doe #1
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15 Declaration of Jane Doe #2
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16 [Proposed] Order
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July 2, 2025
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July 2, 2025
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AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (zdp)
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July 10, 2025
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July 10, 2025
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32
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Extension of Time to
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July 11, 2025
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July 11, 2025
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