Case: Saget v. Trump

Saget et al. v. Trump et al.

Saget et al. v. Trump et al.

Saget et al. v. Trump et al.

Saget et al. v. Trump et al.

Saget et al. v. Trump et al.

COMPLAINT for Declaratory and Injunctive Relief against All Defendants filing fee $ 400, receipt number 0207-10276168 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Proposed Summons) (Kurzban, Ira) (Entered: 03/15/2018)

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4 Proposed Summons

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First MOTION for Leave to Appear Pro Hac Vice for Kevin A. Gregg, Esq. Filing fee $ 150, receipt number 0207-10277068. by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Affidavit Affidavit of Movant and Certificates of Good Standing) (Gregg, Kevin) (Entered: 03/15/2018)

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 03/16/2018)

Case Assigned/Reassigned

Case assigned to Judge William F. Kuntz, II and Magistrate Judge Steven Tiscione. 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. (Bowens, Priscilla)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 03/16/2018)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 03/16/2018)

NOTICE of Appearance by Kevin A. Gregg on behalf of All Plaintiffs (notification declined or already on case) (Gregg, Kevin) (Entered: 03/16/2018)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER granting 2 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 3/16/2018. (Kuntz, William)

First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10291008. by Beatrice Beliard. (Attachments: # 1 Affidavit in Support Affidavit in support, # 2 Certificates of good standing) (Zota, Sejal) (Entered: 03/21/2018)

NOTICE of Appearance by Sejal Zota on behalf of All Plaintiffs (aty to be noticed) (Zota, Sejal) (Entered: 03/21/2018)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 3/21/2018. (Kuntz, William)

NOTICE of Appearance by Christopher James Houpt on behalf of Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme (aty to be noticed) (Houpt, Christopher) (Entered: 03/26/2018)

Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10306233. by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Affidavit Affidavit of Geoffrey M. Pipoly, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Pipoly, Geoffrey) (Entered: 03/27/2018)

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 3/27/2018. (Kuntz, William) (Tavarez, Jennifer). (Entered: 03/27/2018)

Order on Motion for Leave to Appear Pro Hac Vice

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10390670. by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order) (Ferro, Christopher) (Entered: 04/27/2018)

ORDER granting 12 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF. Registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 4/30/2018. (Niles, Elizabeth)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER re 12 MOTION for Leave to Appear Pro Hac Vice as to Christopher J. Ferro, Esq. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Eastern District of New York. All attorneys appearing before this Court are subject to the Local Rues of this Court, including the Rules governing discipline of attorneys. So Ordered by Judge William F. Kuntz, II on 5/9/2018. (Lee, Tiffeny) (Entered: 05/10/2018)

SUMMONS Returned Executed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. Department of Homeland Security served on 3/20/2018, answer due 5/21/2018. (Kurzban, Ira) (Entered: 05/10/2018)

SUMMONS Returned Executed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. Elaine C. Duke served on 3/20/2018, answer due 5/21/2018. (Kurzban, Ira) (Entered: 05/10/2018)

SUMMONS Returned Executed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. Kirstjen Nielsen served on 3/20/2018, answer due 5/21/2018. (Kurzban, Ira) (Entered: 05/10/2018)

SUMMONS Returned Executed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. Donald J. Trump served on 3/20/2018, answer due 5/21/2018. (Kurzban, Ira) (Entered: 05/10/2018)

SUMMONS Returned Executed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. United States of America served on 3/20/2018, answer due 5/21/2018. (Kurzban, Ira) (Entered: 05/10/2018)

NOTICE of Appearance by Joseph Anthony Marutollo on behalf of All Defendants (aty to be noticed) (Marutollo, Joseph) (Entered: 05/16/2018)

Joint MOTION for Extension of Time to File - The Parties Respectfully Request that the Court endorse the following revised schedule: Plaintiffs shall file an Amended Complaint by May 31, 2018; and Defendants' time to file their answer, or otherwise file a pre-motion conference letter, shall be extended to June 14, 2018 by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 05/16/2018)

Order on Motion for Extension of Time to File

ORDER granting 20 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 5/16/2018. (Niles, Elizabeth)

AMENDED COMPLAINT against All Defendants, filed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12) (Kurzban, Ira) (Entered: 05/31/2018)

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MOTION for pre motion conference - Defendants respectfully inform the Court of their intention to move to dismiss this matter for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or, in the alternative, for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 06/14/2018)

Order on Motion for Pre Motion Conference

ORDER granting 22 Motion for Pre Motion Conference. The Conference will be held at 10:00 A.M. on Wednesday, June 27, 2018 before the Hon. Willam F. Kuntz, II. The Conference will be held in Courtroom 6H North. So Ordered by Judge William F. Kuntz, II on 6/14/2018. (Kuntz, William) Modified on 6/14/2018 (Jackson, Andrew).

NOTICE of Appearance by Geoffrey Pipoly on behalf of Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme (notification declined or already on case) (Pipoly, Geoffrey) (Entered: 06/20/2018)

Letter response to [Dkt. 22] pre-motion conference by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme (Pipoly, Geoffrey) (Entered: 06/21/2018)

Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 6/27/2018. Appearances: Sejal Zota, Esq., and Christopher Geoffrey, Esq., appeared on behalf of Plaintiffs. Joseph Marutollo, Esq., appeared on behalf of Defendants. The Court granted Defendants' application to make a motion to dismiss. The Court ordered the following briefing schedule: 1) Defendants shall serve the motion to dismiss on or before Friday, August 10, 2018; 2) Plaintiff shall serve the memorandum in opposition on or before Friday, August 31, 2018; and 3) Defendants shall serve the reply memorandum on or before Friday, September 21, 2018. As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed. If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed in advance of the fully briefed motion, and it must be filed as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file their individual motion papers by 5:00 p.m. on September 21, 2018. The government is directed to mail a complete set of courtesy copies of all motion papers, via overnight mail, to the Court, attention of Mr. Andrew Jackson. The parties are granted leave to file amicus briefs at anytime. The Court granted the parties' applications to expand the page limit from twenty-five pages to thirty pages. Any discovery disputes shall be directed to the attention of Magistrate Judge Steven Tiscione. Discovery is not stayed during the pendency of the motion to dismiss. (Court Reporter Denise Parisi.) (Jackson, Andrew)

Pre Motion Conference

Letter respectfully informing the Court that the parties will file a joint letter setting forth their respective discovery positions by Tuesday, July 10. The parties are available for a telephone conference to discuss discovery before Magistrate Judge Tiscione on July 13, 19, 20, 23, or 24 by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America (Marutollo, Joseph) (Entered: 07/03/2018)

SCHEDULING ORDER: A telephone conference to discuss discovery will be held at 12:00 p.m. on Friday, July 13, 2018 before the undersigned. Counsel for Plaintiffs are directed to arrange the call with all parties by having all counsel on the line before calling the Court. So Ordered by Magistrate Judge Steven Tiscione on 7/5/2018. (Vasquez, Lea)

Scheduling Order

Letter setting forth the Government's position regarding discovery, in advance of the July 13, 2018 Conference and in an effort to avoid unnecessary litigation by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America (Marutollo, Joseph) (Entered: 07/10/2018)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 27, 2018, before Judge Kuntz. Court Reporter/Transcriber Denise Parisi, Telephone number 718-613-2605. Email address: deniseparisi72@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/31/2018. Redacted Transcript Deadline set for 8/10/2018. Release of Transcript Restriction set for 10/8/2018. (Parisi, Denise) (Entered: 07/10/2018)

Letter setting forth Plaintiffs' position regarding discovery in advance of July 13, 2018 Conference and in an effort to avoid unnecessary litigation by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Pipoly, Geoffrey) (Entered: 07/10/2018)

Minute Entry for Telephone Conference held on 7/13/2018 before Magistrate Judge Steven Tiscione: Pipoly, Zota & Gregg for Plaintiffs; Marutollo for Defendants. Parties advise that the government has recently produced the administrative record in this matter, although the parties disagree on whether the records produced constitute the complete administrative record. Plaintiffs shall file a motion for extra-record discovery by July 23, 2018, Defendants' response shall be filed by August 7, 2018 and the Court will hold an in-person hearing on the motion on August 21, 2018 at 11:00 a.m. (FTR Log #12:25 - 12:44.) (Vasquez, Lea) (Entered: 07/16/2018)

TRANSCRIPT of Proceedings held on July 13, 2018, before Judge Tiscione. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/6/2018. Redacted Transcript Deadline set for 8/16/2018. Release of Transcript Restriction set for 10/15/2018. (Hong, Loan) (Entered: 07/16/2018)

Letter MOTION to Amend/Correct/Supplement Administrative Record and for Extra-Record Discovery by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Pipoly, Geoffrey) (Entered: 07/23/2018)

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MOTION for Leave to File Excess Pages - the Government respectfully requests, in an abundance of caution, clarification regarding the page limitations for its brief in opposition to Plaintiffs' Motion to Amend/Correct/Supplement Administrative Record and for Extra-Record Discovery; the Government respectfully submits that, in light of the procedural posture of the case, Rule III.A is not applicable to Plaintiffs' Motion and that the Government's opposition brief shall not exceed twenty-five pages by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 07/24/2018)

RESPONSE to Motion re 32 MOTION for Leave to File Excess Pages - the Government respectfully requests, in an abundance of caution, clarification regarding the page limitations for its brief in opposition to Plaintiffs' Motion to Amend/Correct/Supplement Administrative filed by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget. (Pipoly, Geoffrey) (Entered: 07/24/2018)

ORDER granting 32 Motion for Leave to File Excess Pages. Defendants' Motion for Leave to File Excess Pages 32 is granted. Defendants may file a memorandum of law not to exceed 25 pages. Plaintiffs may file a reply brief of up to 25 pages by August 15, 2018. The hearing set for 11:00 a.m. on August 21st will proceed as scheduled. So Ordered by Magistrate Judge Steven Tiscione on 7/30/2018. (Vasquez, Lea)

Order on Motion for Leave to File Excess Pages

NOTICE of Change of address of attorney by Sejal Zota (Zota, Sejal) (Entered: 08/02/2018)

MEMORANDUM in Opposition re 31 Letter MOTION to Amend/Correct/Supplement Administrative Record and for Extra-Record Discovery filed by All Defendants. (Marutollo, Joseph) (Entered: 08/07/2018)

NOTICE by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America of Filing of the Certified Administrative Record (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 08/07/2018)

Letter regarding service of the Government's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6), or, in the Alternative, for Summary Judgment Pursuant to Fed. R. Civ. P. 56 by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America (Marutollo, Joseph) (Entered: 08/10/2018)

CASE MANAGEMENT ORDER: This Court hereby ORDERS all briefs must be filed on ECF by September 14, 2018.SO Ordered by Judge William F. Kuntz, II on 8/14/2018. (See Order for Conditions) (Tavarez, Jennifer) (Entered: 08/15/2018)

REPLY in Support re 31 Letter MOTION to Amend/Correct/Supplement Administrative Record and for Extra-Record Discovery filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Pipoly, Geoffrey) (Entered: 08/15/2018)

TRANSCRIPT of Proceedings held on August 21, 2018, before Judge Tiscione. Court Transcriber: Typewrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (Rocco, Christine) (Entered: 08/22/2018)

ORDER ON MOTION TO DISMISS AND AMICUS CURIAE BRIEFING: The Court hereby confirms and again sets forth the following schedule governing the motion to dismiss briefing for the parties in the above-captioned action: 1. Defendants were required to have served the motion to dismiss on or before Friday, August 10, 2018; 2. Plaintiffs shall serve the memorandum in opposition on or before Friday, August 31, 2018; and 3. Defendants shall serve the reply memorandum on or before Friday, September 21, 2018. The Court hereby also confirms and again sets forth the following conditions for submitting amicus curiae briefs in the above-captioned action: 1. Any counsel filing an amicus curiae brief must be admitted to the Eastern District of New York and in good standing or be admitted to the Eastern District of New York on a pro hac vice basis; 2. Any amicus curiae brief is limited to twenty-five (25) double-spaced pages, using Times New Roman twelve (12) point font. Page limits do not include tables, appendices, or attachments; 3. Memoranda often (10) pages or more shall contain tables of contents and authorities; and 4. All amicus curiae briefs must be filed on ECF by 5:00 p.m. on September 14, 2018. So Ordered by Judge William F. Kuntz, II on 8/22/2018. (Jackson, Andrew) (Entered: 08/22/2018)

Minute Order for Motion Hearing held on 8/21/2018 before Magistrate Judge Steven Tiscione: Pipoly for Plaintiff; Marutollo for Defendants. For the reasons discussed on the record, Plaintiffs' Motion to Supplement the Administrative Record and for Extra-Record Discovery 31 is granted in part and denied in part. Defendants are ordered to supplement the administrative record to include "all documents and materials that the agency directly or indirectly considered," including all materials that are already being produced in discovery in parallel cases. Plaintiffs' Motion for Extra-Record Discovery is denied at this time, with leave to renew following a determination on pending Defendants' Motion to Dismiss. (FTR Log #11:10 - 11:47.) (Vasquez, Lea) (Entered: 08/27/2018)

MOTION for Extension of Time to File (Agreed) by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Pipoly, Geoffrey) (Entered: 08/27/2018)

Order on Motion for Extension of Time to File

ORDER granting 43 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 8/27/2018. (Kuntz, William)

STIPULATION and Proposed Order, for the Court's Endorsement by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America (Marutollo, Joseph) (Entered: 08/28/2018)

Order

ORDER re 44 Stipulation filed by Department of Homeland Security, United States of America, Elaine C. Duke, Kirstjen Nielsen, Donald J. Trump. The stipulation is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 8/28/2018. (Vasquez, Lea)

NOTICE by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America of Filing of the supplemental Certified Administrative Record (Part I) (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 08/29/2018)

NOTICE by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America re 45 Notice(Other), of Filing of the supplemental Certified Administrative Record (Part II) (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 08/29/2018)

NOTICE by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America re 45 Notice(Other), of Filing of the supplemental Certified Administrative Record (Part III) (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 08/29/2018)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10707615. by Constitutional Law Scholars. (Attachments: # 1 Affidavit in Support, # 2 DC Certificate of Good Standing, # 3 NY Certificate of Good Standing) (Burgess, Brian) (Entered: 09/06/2018)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10707658. by Constitutional Law Scholars. (Attachments: # 1 Affidavit in Support, # 2 Massachusetts Certificate of Good Standing, # 3 NJ Certificate of Good Standing, # 4 NY Certificate of Good Standing) (Cedrone, Gerard) (Entered: 09/06/2018)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER granting 48 Motion for Leave to Appear Pro Hac Vice: Having reviewed the Pro Hac Vice application 48 submitted by Brian Burgess for amicus curiae Constitutional Law Scholars and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 9/6/2018. (Vasquez, Lea) Modified on 9/6/2018 (Vasquez, Lea).

ORDER granting 49 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application 49 submitted by Gerard Justin Cedrone for amicus curiae Constitutional Law Scholars and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 9/6/2018. (Vasquez, Lea)

NOTICE of Appearance by Brian Burgess on behalf of Constitutional Law Scholars (notification declined or already on case) (Burgess, Brian) (Entered: 09/07/2018)

NOTICE of Appearance by Gerard J. Cedrone on behalf of Constitutional Law Scholars (notification declined or already on case) (Cedrone, Gerard) (Entered: 09/07/2018)

MEMORANDUM in Support of Plaintiffs filed by Constitutional Law Scholars. (Burgess, Brian) (Entered: 09/14/2018)

Consent MOTION for Leave to File Excess Pages - the Government respectfully requests that it be allowed up to fifteen (15) total pages for its reply brief by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 09/18/2018)

Order on Motion for Leave to File Excess Pages

ORDER granting 53 Motion for Leave to File Excess Pages. So Ordered by Judge William F. Kuntz, II on 9/18/2018. (Kuntz, William)

NOTICE of Appearance by Jonathan B. Miller on behalf of Commonwealth of Massachusetts (aty to be noticed) (Miller, Jonathan) (Entered: 09/19/2018)

MEMORANDUM in Support of Plaintiffs' Opposition to the Motion to Dismiss filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 09/19/2018)

SCHEDULING ORDER: The Court hereby schedules oral argument on Defendants' motion to dismiss for Tuesday, November 13, 2018, at 12:00 Noon at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, in Courtroom 6H North.SO Ordered by Judge William F. Kuntz, II on 9/20/2018. (Tavarez, Jennifer) (Entered: 09/21/2018)

Joint MOTION for Leave to Electronically File Document under Seal by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 10/04/2018)

ORDER granting 57 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. So Ordered by Judge William F. Kuntz, II on 10/5/2018. (Jackson, Andrew)

Order on Motion for Leave to Electronically File Document under Seal

MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6), for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or alternatively, for summary judgment pursuant to Fed. R. Civ. P. 56 by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 10/09/2018)

MEMORANDUM in Support re 58 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6), for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or alternatively, for summary judgment pursuant to Fed. R. Civ. P. 56 filed by All Defendants. (Marutollo, Joseph) (Entered: 10/09/2018)

RESPONSE in Opposition re 58 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6), for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or alternatively, for summary judgment pursuant to Fed. R. Civ. P. 56 filed by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48) (Pipoly, Geoffrey) (Entered: 10/09/2018)

REPLY in Support re 58 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6), for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or alternatively, for summary judgment pursuant to Fed. R. Civ. P. 56 filed by All Defendants. (Marutollo, Joseph) (Entered: 10/09/2018)

Letter regarding courtesy copies to the Court by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America (Marutollo, Joseph) (Entered: 10/09/2018)

MOTION to Stay this action pending final appellate review of the preliminary injunction issued in a parallel matter styled Ramos v. Nielsen, No. 18-CV-1554 (EMC) in the Northern District of California by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Attachments: # 1 Declaration of Donald W. Neufeld, Associate Director for Service Center Operations at U.S. Citizenship and Immigration Services, # 2 Exhibit Stipulation in Ramos v. Nielsen, 18-cv-1554 (N.D.C.A.)) (Marutollo, Joseph) (Entered: 10/30/2018)

1 Declaration of Donald W. Neufeld, Associate Director for Service Center Operatio

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2 Exhibit Stipulation in Ramos v. Nielsen, 18-cv-1554 (N.D.C.A.)

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SCHEDULING ORDER: The Court hereby directs Plaintiffs in the above-captioned action to respond to the Government's Motion to Stay, ECF No. 65, by Wednesday, November 7, 2018 by 5:00 P.M. The Court directs the Government to submit their reply, if any, by Friday, November 9, 2018 by 12:00 Noon. So Ordered by Judge William F. Kuntz, II on 10/30/2018. (Jackson, Andrew) (Entered: 10/30/2018)

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-10910074. by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Affidavit of Sara Norval, # 2 Certificate of Good Standing, # 3 Proposed Order) (Norval, Sara) (Entered: 11/06/2018)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER granting 67 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application 67 submitted by Sara Norval for Plaintiffs and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 11/6/2018. (Vasquez, Lea)

NOTICE of Appearance by Sara Norval on behalf of All Plaintiffs (notification declined or already on case) (Norval, Sara) (Entered: 11/07/2018)

RESPONSE in Opposition re 65 MOTION to Stay this action pending final appellate review of the preliminary injunction issued in a parallel matter styled Ramos v. Nielsen, No. 18-CV-1554 (EMC) in the Northern District of California filed by All Plaintiffs. (Pipoly, Geoffrey) (Entered: 11/07/2018)

REPLY in Support re 65 MOTION to Stay this action pending final appellate review of the preliminary injunction issued in a parallel matter styled Ramos v. Nielsen, No. 18-CV-1554 (EMC) in the Northern District of California and to respectfully request an adjournment of the November 13, 2018 oral argument sine die filed by All Defendants. (Marutollo, Joseph) (Entered: 11/08/2018)