Case: Mashatti v. Lyons

COMPLAINT against TODD M. LYONS, ACTING DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 405 receipt number ADCDC-11610910) filed by MANOJ MASHATTI. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Proposed Summons)(Banias, Bradley) (Entered: 04/11/2025)

Case Assigned/Reassigned

MOTION for Temporary Restraining Order by MANOJ MASHATTI. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Declaration Banias Declaration, # 3 Declaration Mashatti Declaration, # 4 Exhibit A: Motion for Reduction and termination, # 5 Exhibit B: Mashatti SEVIS Termination)(Banias, Bradley) (Entered: 04/11/2025)

Case Assigned to Judge Richard J. Leon. (zjd)

SUMMONS (3) Issued Electronically as to TODD M. LYONS, U.S. Attorney, and U.S. Attorney General. (Attachment: # 1 Notice and Consent) (zjd) (Entered: 04/11/2025)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER. In light of plaintiff's 2 Motion for Temporary Restraining Order, it is ORDERED that on or before April 14, 2025 at 5:00 p.m. EST, the parties shall meet and confer and file a joint status report setting forth: (1) a proposed briefing schedule for the 2 Motion; (2) whether a hearing on the 2 Motion is necessary, and if so, proposing three dates and times for such a hearing; and (3) whether the parties anticipate factual disputes between affiants. So Ordered by Judge Dabney L. Friedrich on April 13, 2025. (lcdlf1)

NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 04/13/2025)

NOTICE of Appearance by Steven A. Brown on behalf of MANOJ MASHATTI (Brown, Steven) (Entered: 04/14/2025)

.Order AND ~Util - Set/Reset Deadlines/Hearings

Joint STATUS REPORT by TODD M. LYONS. (Carilli, Joseph) (Entered: 04/14/2025)

MINUTE ORDER. Upon consideration of the parties' 6 Joint Status Report, it is hereby ORDERED that a hearing on plaintiff's 2 Motion for a Temporary Restraining Order is scheduled for April 17, 2025 at 3:30 PM in Courtroom 18 (In Person) before Judge Richard J. Leon. It is further ORDERED that, consistent with the Joint Status Report, the government shall submit its opposition to the motion by April 15, 2025. SO ORDERED. Signed by Judge Richard J. Leon on 4/14/2025. (lcrjl1)

Unopposed MOTION for Leave to Appear by Telephone or Video or, in the alternative, Reschedule Argument for April 18 by MANOJ MASHATTI. (Banias, Bradley) (Entered: 04/14/2025)

Order on Motion for Leave to Appear by Telephone or Video AND Set/Reset Deadlines/Hearings

MINUTE ORDER. On April 14, 2025, the parties filed their 6 Joint Status Report, requesting a hearing on plaintiff's motion for a temporary restraining order and indicating that the parties were available "after 3:30 p.m., Thursday, April 17, 2025." Joint Status Report [Dkt. #6]. The Court then scheduled a hearing for April 17, 2025 at 3:30 PM. See Min. Order (Apr. 14, 2025). Now, plaintiff has filed his 7 Unopposed Request to Appear Remotely or Reschedule Hearing, asking the Court to either permit plaintiff's counsel to appear via Zoom or telephone, or to reschedule the hearing. Plaintiff cites, in part, a conflicting, in-person hearing in another jurisdiction on April 17, 2025 at 3:30 PM. The Court generally does not permit virtual appearances by counsel on a hearing for a temporary restraining order. It is therefore ORDERED that plaintiff's 7 Unopposed Request to Appear Remotely or Reschedule Hearing is DENIED. Counsel for both parties must appear in-person at the hearing. The Court will, however, push the hearing back by 30 minutes. It is thus further ORDERED that the motion hearing currently scheduled for April 17, 2025 at 3:30 PM is VACATED and continued to April 17, 2025 at 4:00 PM (same day, just 30 minutes later) in Courtroom 18 (In Person) before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 4/15/2025. (lcrjl1)

Memorandum in opposition to re 2 Motion for TRO, filed by TODD M. LYONS. (Attachments: # 1 Exhibit A)(Carilli, Joseph) (Entered: 04/15/2025)

NOTICE OF SUPPLEMENTAL AUTHORITY by MANOJ MASHATTI (Attachments: # 1 Exhibit A: Argument Transcript, # 2 Exhibit B: ICE 2010 Policy)(Banias, Bradley) (Entered: 04/17/2025)

Motion Hearing

Minute Entry for Motion Hearing held on 4/17/2025 before Judge Richard J. Leon: re 2 MOTION for Temporary Restraining Order. Oral arguments heard and TAKEN UNDER ADVISEMENT. Court Reporter: Tim Miller. (smc)

MEMORANDUM ORDER granting plaintiff's 2 Motion for a Temporary Restraining Order. Consistent with the attached Order, defendant shall return plaintiff's record in the SEVIS system to Active status. The parties shall submit, by April 22, 2025, a proposed schedule for briefing the motion for a preliminary injunction. See attached Order for details. Signed by Judge Richard J. Leon on 4/17/2025. (lcrjl1) Modified on 4/18/2025 (zsmc). (Entered: 04/17/2025)

RESPONSE TO ORDER OF THE COURT re 10 Order on Motion for TRO,, Set/Reset Deadlines, by MANOJ MASHATTI. (Brown, Steven) Modified event on 4/23/2025 (mg). (Entered: 04/22/2025)

NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of TODD M. LYONS Substituting for attorney Joseph F. Carilli, Jr. (Valdivia, Diana) (Entered: 04/29/2025)

NOTICE OF FILING by TODD M. LYONS (Attachments: # 1 Exhibit A (Policy Regarding Termination of Records))(Valdivia, Diana) (Entered: 04/29/2025)

.Order AND ~Util - Set/Reset Deadlines/Hearings

Order

MINUTE ORDER. On April 29, 2025, the Government filed a 13 Notice of Filing. The Notice of Filing states that "Immigration and Customs Enforcement ('ICE') has promulgated a new policy concerning the termination of records in the Student and Exchange Visitor Information System ('SEVIS')," and attaches that new policy. Plaintiff is hereby ORDERED to file a response to this Notice of Filing by May 7, 2025. Plaintiff's response shall state whether and how this policy impacts this case, including whether plaintiff still seeks a preliminary injunction and whether this case should proceed forward. It is further ORDERED that by May 5, 2025, the parties shall inform the Court as to whether they consent to extending the temporary restraining order issued on April 17, 2025, see 10 Mem. Order, until the Court resolves any pending motion for a preliminary injunction or the case is otherwise resolved. SO ORDERED. Signed by Judge Richard J. Leon on 5/2/2025. (lcrjl1)

Joint STATUS REPORT by TODD M. LYONS. (Valdivia, Diana) (Entered: 05/05/2025)

RESPONSE TO ORDER OF THE COURT re Order,,,,, Set Deadlines/Hearings,,,, filed by MANOJ MASHATTI. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Liu, # 3 Exhibit Doe, # 4 Exhibit Wisconsin)(Brown, Steven) (Entered: 05/07/2025)

.Order AND ~Util - Set/Reset Deadlines/Hearings

MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that plaintiff shall file his motion for a preliminary injunction by May 9, 2025 and defendant shall file his response to that motion by May 16, 2025. It is further ORDERED that the temporary restraining order issued on April 17, 2025 is extended to May 15, 2025, in light of the pending briefing on the preliminary injunction and defendant's 13 Notice of Filing, and for good cause shown. SO ORDERED. Signed by Judge Richard J. Leon on 5/7/2025. (lcrjl1)

NOTICE OF SUBSTITUTION OF COUNSEL by Peter C. Pfaffenroth on behalf of TODD M. LYONS Substituting for attorney Diana V. Valdivia (Pfaffenroth, Peter) (Entered: 05/08/2025)

NOTICE Regarding Preliminary Injunction by MANOJ MASHATTI re 15 Response to Order of the Court, Order,,, Set Deadlines/Hearings,, (Attachments: # 1 Exhibit Settlement)(Brown, Steven) (Entered: 05/09/2025)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER. The Court has received plaintiff's 17 Notice Regarding Preliminary Injunction. The Court understands that plaintiff has withdrawn his motion for a preliminary injunction so that he may work with defendant to resolve this case. The Court hereby ORDERS that by May 23, 2025, the parties shall file a status report indicating the status of those efforts to resolve the case. SO ORDERED. Signed by Judge Richard J. Leon on 5/14/2025. (lcrjl1)

Joint STATUS REPORT by TODD M. LYONS. (Pfaffenroth, Peter) (Entered: 05/23/2025)

SCHEDULING ORDER. Upon consideration of the parties' 18 Joint Status Report, the Court hereby enters the attached Scheduling Order in this case. Regarding defendant's motion to dismiss, defendant's motion is due June 12, 2025; plaintiff's opposition to that motion is due June 26, 2025; and defendant's reply is due July 10, 2025. Regarding plaintiff's motion for summary judgment, defendant must produce the record by June 12, 2025; plaintiff's motion for summary judgment is due June 26, 2025; defendant's opposition is due July 17, 2025; and plaintiff's reply is due July 24, 2025. Signed by Judge Richard J. Leon on 5/28/2025. (lcrjl1) (Entered: 05/29/2025)

MOTION to Dismiss for Lack of Jurisdiction by TODD M. LYONS. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pfaffenroth, Peter) (Entered: 06/12/2025)

ADMINISTRATIVE RECORD Certification by TODD M. LYONS. (Attachments: # 1 Administrative Record Table of Contents)(Pfaffenroth, Peter) (Entered: 06/12/2025)

Memorandum in opposition to re 20 MOTION to Dismiss for Lack of Jurisdiction filed by MANOJ MASHATTI. (Brown, Steven) (Entered: 06/24/2025)

MOTION for Summary Judgment by MANOJ MASHATTI. (Banias, Bradley) (Entered: 06/26/2025)

REPLY to opposition to motion re 20 Motion to Dismiss/Lack of Jurisdiction filed by TODD M. LYONS. (Pfaffenroth, Peter) (Entered: 07/10/2025)

MOTION to Hold in Abeyance re 23 MOTION for Summary Judgment, MOTION for Extension of Time to Respond to Motion for Summary Judgment by TODD M. LYONS. (Pfaffenroth, Peter) (Entered: 07/10/2025)

Order on Motion for Extension of Time to AND Order on Motion to Hold in Abeyance AND Set/Reset Deadlines

MINUTE ORDER. Upon consideration of defendant's 25 Motion to Hold Summary Judgment Proceedings in Abeyance or, Alternatively, for an Extension of Time, it is hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART. Defendant's motion to hold summary judgment proceedings in abeyance is DENIED. Defendant's motion for an extension of time to respond to plaintiff's motion for summary judgment is GRANTED, and defendant shall have until July 29, 2025 to file its response to the summary judgment motion. SO ORDERED. Signed by Judge Richard J. Leon on 7/15/2025. (lcrjl1)

Memorandum in opposition to re 23 MOTION for Summary Judgment filed by TODD M. LYONS. (Attachments: # 1 Exhibit A (Excerpt of Administrative Record))(Pfaffenroth, Peter) (Entered: 07/29/2025)

REPLY to opposition to motion re 23 Motion for Summary Judgment filed by MANOJ MASHATTI. (Banias, Bradley) (Entered: 08/05/2025)