Case: T.S. v. Noem

COMPLAINT against Kristi Noem in her official capacity as, Secretary, U.S. Department of Homeland Security, Todd Lyons, in his official capacity as Acting Director, Immigration & Customs Enforcement $ 405 receipt number ANYWDC-5459731, filed by T.S.. (Attachments: # 1 Civil Cover Sheet)(Aronauer, Jacob) (Entered: 04/17/2025)

Original Summons Filed. (Aronauer, Jacob) (Entered: 04/17/2025)

Original Summons Filed. (Aronauer, Jacob) (Entered: 04/17/2025)

Original Summons Filed. (Aronauer, Jacob) (Entered: 04/17/2025)

First MOTION to Seal Motion to proceed Pseudonymously by T.S..(Aronauer, Jacob) (Entered: 04/17/2025)

MEMORANDUM in Support re 5 First MOTION to Seal Motion to proceed Pseudonymously filed by T.S.. (Aronauer, Jacob) (Entered: 04/17/2025)

MEMORANDUM in Support re 9 First MOTION for Temporary Restraining Order filed by T.S.. (Aronauer, Jacob) (Entered: 04/18/2025)

Proposed Pretrial Order by T.S.. (Aronauer, Jacob) (Entered: 04/18/2025)

Summons Issued as to Todd Lyons, U.S. Attorney and U.S. Attorney General (TMK) (Entered: 04/18/2025)

First MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5460329.) by T.S..(Aronauer, Jacob) (Entered: 04/18/2025)

First MOTION for Temporary Restraining Order by T.S..(Aronauer, Jacob) (Entered: 04/18/2025)

Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)

AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's ADR webpage and/or contact the Court's ADR Administrator at adrprogram@nywd.uscourts.gov. Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK)

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TMK)

TEMPORARY RESTRAINING ORDER. Plaintiff's motion for a temporary restraining order 9 is granted in part. A status conference is scheduled for Wednesday, April 23, 2025, at 11:00 a.m., before the Hon. Elizabeth A. Wolford, at the United States Courthouse, 100 State Street, Rochester, New York. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/21/2025. (CAL) (Entered: 04/21/2025)

Letter filed by T.S. with respect to memorandum, of law in support of TRO. (Attachments: # 1 Exhibit exhibits to TRO memo of law)(Aronauer, Jacob) (Entered: 04/21/2025)

Original Summons Filed. (Aronauer, Jacob) (Entered: 04/21/2025)

TEXT ORDER. The Court has received a voicemail message from Plaintiff's counsel, requesting permission to appear remotely at the status conference scheduled for Wednesday, April 23, 2025. Counsel is hereby admonished for contacting the Court by telephone, when the Temporary Restraining Order (TRO) includes express instructions on how to request to appear remotely. It is counsel's responsibility to read the entire text of the TRO, which includes important information with respect to the upcoming court appearance and service of process on the United States Attorney's Office. SO ORDERED. Signed by the Hon. Elizabeth A. Wolford on 04/21/2025. (CAL) (Entered: 04/21/2025)

AFFIDAVIT of Service for Summons, Complaint, TRO, Motion to Proceed Pseudonymously and supporting documents, TRO served on U.S. Attorney's Office WDNY on 4/21/2025, filed by T.S.. (Aronauer, Jacob) (Entered: 04/21/2025)

CONTINUATION OF EXHIBITS by T.S.. ECF registration form in re pro hac admission application filed by T.S.. (Aronauer, Jacob) (Entered: 04/21/2025)

CONTINUATION OF EXHIBITS by T.S.. Civility Principles in re pro hac vice application filed by T.S.. (Aronauer, Jacob) (Entered: 04/21/2025)

E-Filing Notification: 8 First MOTION to appear pro hac vice: Please note, local counsel is required pursuant to Local Rule 83.2(a)(1). Also, please re-submit corrected CM/ECF Registration Form as a continuation of exhibits. (JLH)

NOTICE of Appearance by Adam A. Khalil on behalf of All Defendants (Khalil, Adam) (Entered: 04/22/2025)

Letter filed by Kristi Noem, Todd Lyons re goverment taking no position on motion to proceed anonymously (ECF No 5). (Khalil, Adam) (Entered: 04/22/2025)

Summons Issued as to Kristi Noem. (TF) (Entered: 04/22/2025)

TEXT ORDER granting 8 motion for pro hac vice as to Yi Zhao, Esq. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/22/2025. (JKS)Clerk to Follow up (Entered: 04/22/2025)

TEXT ORDER. The in-person status conference currently scheduled for April 23, 2025, at 11:00 a.m., is hereby converted to a telephone status conference. This is a public telephonic proceeding. To access the conference, dial 1-585-524-1799 and enter Conference ID 341 799 237 sufficiently in advance of the start time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/22/2025. (CAL) (Entered: 04/22/2025)

TEXT ORDER. As discussed at the telephone status conference on April 23, 2025, Plaintiff shall supplement the motion for a Temporary Restraining Order (Dkt. 9), on or before April 25, 2025. The government shall file its response on or before April 29, 2025. Oral argument is scheduled for Thursday, May 1, 2025, at 11:00 a.m., at the United States Courthouse, 100 State Street, Rochester, New York, before the Hon. Elizabeth A. Wolford. This will be an in-person appearance. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/23/2025. (CAL) (Entered: 04/23/2025)

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances by telephone: Jacob Aronauer, Esq. and Yi Zhao, Esq. on behalf of plaintiff; Adam A. Khalil, AUSA on behalf of defendants. Status Conference re 9 First MOTION for Temporary Restraining Order by T.S. held on 4/23/2025. Court outlines additional information required to proceed; plaintiff to supplement filings as discussed on the record by April 25, 2025; government's response due by April 29, 2025. Separate Text Order memorializing same to be issued. Oral Argument set for 5/1/2025 at 11:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. (Court Reporter Karen Clark.) (DPS) (Entered: 04/23/2025)

First MOTION to Strike by T.S..(Aronauer, Jacob) (Entered: 04/25/2025)

AFFIDAVIT in Support re 26 First MOTION to Strike filed by T.S.. (Aronauer, Jacob) (Entered: 04/25/2025)

MEMORANDUM in Support re 26 First MOTION to Strike filed by T.S.. (Aronauer, Jacob) (Entered: 04/25/2025)

NOTICE by T.S. Proposed Order With Respect to Motion dkt 26 (Aronauer, Jacob) (Entered: 04/25/2025)

Letter filed by T.S. with respect to status of case and temporary restraining order. (Aronauer, Jacob) (Entered: 04/25/2025)

REDACTION to 13 Letter I-20 redacted by T.S.. (Zhao, Yi) (Entered: 04/25/2025)

REDACTION SEVIS termination email by T.S.. (Zhao, Yi) (Entered: 04/25/2025)

REDACTION to 13 Letter Personal statement refiled by T.S.. (Zhao, Yi) (Entered: 04/25/2025)

REDACTION to 13 Letter SEVIS termination email by T.S.. (Zhao, Yi) (Entered: 04/25/2025)

TEXT ORDER denying 26 motion to strike. Plaintiff has filed a motion to strike the documents filed at Docket 13-1, because they are "highly sensitive" documents. (Dkt. 28). Plaintiff seeks to seal these documents, citing to Rule 5.2 of the Federal Rules of Civil Procedure—which allows for privacy protection for certain filings made with the court—in support of the request. (Id.). "Federal Rule of Civil Procedure 5.2(e) provides that a court may require redaction of private information from court filings 'for good cause.' To show 'good cause,' the party seeking redaction must show that 'specific harm or prejudice will result' if the protective order is not granted." Student Doe v. Noem, No. 2:25-cv-01103-DAD-AC, 2025 WL 1134977, at *3 (E.D. Cal. Apr. 17, 2025) (citation omitted); see also DaCosta v. City of Danbury, 298 F.R.D. 37, 41 (D. Conn. 2014) (discussing Rule 5.2, which provides for redaction of private information from court filings, as well as identifying information, which might provide a means for "unwanted access" to those individuals named). Plaintiff's request to seal those documents is denied without prejudice. First, Plaintiff's notice of motion filed at Docket 26 does not accurately identify the documents sought to be sealed. The notice of motion cites to Dockets 8 and 18-1, which are documents filed in support of counsel's pro hac vice application. Further, the documents filed at Docket 13-1 do not appear to include confidential personal information, and therefore the motion is denied on this basis as well. Plaintiff may renew the motion to seal Docket 13-1, but any renewed motion must cite specifically to the confidential information Plaintiff believes warrants sealing. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/28/2025. (CAL) (Entered: 04/28/2025)

STIPULATION of Dismissal by Kristi Noem, Todd Lyons. (Khalil, Adam) (Entered: 04/28/2025)

STIPULATION AND ORDER OF DISMISSAL. Signed by Hon. Elizabeth A. Wolford on 4/28/2025. (TF)Clerk to Follow up (Entered: 04/28/2025)

JUDGMENT. Signed by Mary C. Loewenguth, Clerk of Court on 4/29/25. (TF) (Entered: 04/29/2025)