Case: Park v. Noem

FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against Todd Lyons, Kristi Noem. (Filing Fee $ 405.00, Receipt Number ANYSDC-30982466)Document filed by Jinhyung Park..(Berwish, Philip) Modified on 4/25/2025 (pc).

COMPLAINT against Todd Lyons, Kristi Noem. Document filed by Jinhyung Park..(Berwish, Philip) (Entered: 04/25/2025)

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Berwish, Philip) Modified on 4/28/2025 (pc). (Entered: 04/25/2025)

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Karen L. Hoffmann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30986528. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jinhyung Park. (Attachments: # 1 Affidavit Affidavit and Certificate of Good Standing, # 2 Proposed Order Proposed Order).(Hoffmann, Karen) Modified on 4/25/2025 (vba). (Entered: 04/25/2025)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philip R. Berwish, I. The party information for the following party/parties has been modified: Todd Lyons, Kristi Noem. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Philip R. Berwish, I. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Philip R. Berwish, I to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title does not indicate the document being filed (Complaint). Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 4/30/2025. (pc)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 4 MOTION for Karen L. Hoffmann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30986528. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Pennsylvania;. 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.. (vba)

CIVIL COVER SHEET filed..(Berwish, Philip) (Entered: 04/28/2025)

Notice to Attorney Regarding Deficient Civil Cover Sheet

Notice to Attorney Regarding Case Opening Statistical Error Correction

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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..(pc)

Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. 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. (pc)

Case Designated ECF. (pc)

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philip R. Berwish, I. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant);. (pc)

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Philip R. Berwish, I to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 4, 2024;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 4, 2024. The S.D.N.Y. Civil Cover Sheet dated December 4, 2024 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (pc)

ORDER, It is hereby ORDERED that counsel for all parties appear for a conference with the Court on May 28, 2025 at 10:00 a.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel must confer in advance of the conference and submit a joint letter, no later than May 21, 2025, at 5:00 p.m., indicating whether the conference is necessary and addressing how the Court should handle the present Complaint. To preserve the Court's jurisdiction pending a ruling in this matter, Plaintiff shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Local 1814, Intern. Longshoremen's Ass'n, AFL-CIO v. New York Shipping Assn, Inc., 965F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction" (cleaned up)); Garcia-Izquierdo v. Gartner, No. 04 Civ.7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) (observing that, under the All Writ Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed...when a stay is necessary to preserve the Courts jurisdiction of the case"); Khalil v. Joyce, No. 25 Civ. 1935, ECF No. 9 (S.D.N.Y. Mar. 10, 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); cf. Michael v. I.N.S.,48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). SO ORDERED. ( Status Conference set for 5/28/2025 at 10:00 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho.) (Signed by Judge Dale E. Ho on 4/29/25) (yv) (Entered: 04/29/2025)

AMENDED MOTION for Karen L. Hoffmann to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jinhyung Park. (Attachments: # 1 Proposed Order Proposed Order, # 2 Affidavit Affidavit and Certificates of Good Standing).(Hoffmann, Karen) (Entered: 04/29/2025)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 AMENDED MOTION for Karen L. Hoffmann 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. (bc)

ORDER FOR ADMISSION PRO HAC VICE granting 7 Motion for Karen L. Hoffmann to Appear Pro Hac Vice. (Signed by Judge Dale E. Ho on 4/30/2025) (ks) (Entered: 04/30/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Todd Lyons, in his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, re: 2 Complaint. Document filed by Jinhyung Park..(Hoffmann, Karen) (Entered: 05/21/2025)

LETTER MOTION to Adjourn Conference addressed to Judge Dale E. Ho from Karen L. Hoffmann dated May 21, 2025. Document filed by Jinhyung Park..(Hoffmann, Karen) (Entered: 05/21/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, in her official capacity as Secretary of Homeland Security, re: 2 Complaint. Document filed by Jinhyung Park..(Hoffmann, Karen) (Entered: 05/21/2025)

ORDER granting 11 Letter Motion to Adjourn Conference. Application GRANTED. It is hereby ORDERED that the conference previously scheduled for May 28, 2025, is RESCHEDULED for June 11, 2025 at 10:00 A.M. ET in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. The parties shall submit a joint letter no later than June 4, 2025, indicating whether the conference is necessary and/or proposing a briefing schedule. SO ORDERED.. (Signed by Judge Dale E. Ho on 5/22/2025) Status Conference set for 6/11/2025 at 10:00 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho. Status Conference set for 6/11/2025 at 10:00 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho. (ks) (Entered: 05/22/2025)

ELECTRONIC SUMMONS ISSUED as to Kristi Noem..(jgo) (Entered: 05/22/2025)

ELECTRONIC SUMMONS ISSUED as to Todd Lyons..(jgo) (Entered: 05/22/2025)

JOINT LETTER addressed to Judge Dale E. Ho from Karen L. Hoffmann and Jeffrey Oestericher dated June 4, 2025 re: Conference of June 11, 2025. Document filed by Jinhyung Park..(Hoffmann, Karen) (Entered: 06/04/2025)

MEMO ENDORSEMENT on re: 15 Letter filed by Jinhyung Park ENDORSEMENT: Application GRANTED. It is hereby ORDERED that the conference previously scheduled for June 11, 2025 at 10:00 A.M. is ADJOURNED SINE DINE. The parties are directed to submit a joint letter no later than July 21, 2025, indicating the status of settlement discussions and whether a conference is necessary. (Signed by Judge Dale E. Ho on 6/5/2025) (ks) (Entered: 06/05/2025)

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Todd Lyons, Kristi Noem..(Oestericher, Jeffrey) (Entered: 06/05/2025)

Letter

Memo Endorsement

Extension of Time to File Answer

Order on Motion for Extension of Time to Answer