Case: Vyas v. Noem

COMPLAINT without Jury Demand. Filing Fee $405.00. Receipt # AWVSDC-8869204. (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Civil Cover Sheet) (skm) (Entered: 04/21/2025)

1 Proposed Summons

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2 Proposed Summons

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3 Proposed Summons

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4 Civil Cover Sheet

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CASE assigned to Judge Robert C. Chambers. (klc)

ELECTRONIC SUMMONS ISSUED as to Kristi Noem, Todd Lyons, Pamela Bondi, re: 1 Complaint. Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons as to Todd Lyons, # 2 Summons as to Pamela Bondi) (skm)

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 1, 2024. Discovery referred to Magistrate Judge Joseph K. Reeder. (cc: counsel of record; any pro se party) (skm)

MOTION by Shival Nilesh Vyas for Temporary Restraining Order. (Attachments: # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Sparks, Aubrey) (Modified on 4/23/2025 to detach memorandum and file) (mkw).

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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MEMORANDUM OF LAW by Shival Nilesh Vyas in support of 4 MOTION by Shival Nilesh Vyas for Temporary Restraining Order. (mkw) (Entered: 04/23/2025)

VERIFICATION OF SERVICE by Shival Nilesh Vya, re: 4 MOTION by Shival Nilesh Vyas for Temporary Restraining Order. (Sparks, Aubrey)

MEMORANDUM OPINION & ORDER granting Plaintiff's 4 MOTION for Temporary Restraining Order; directing that Defendants: (a) restore Plaintiff's valid, active F-1 status in the SEVIS record; (b) restore Plaintiff's valid F-1 student status to the extent that such status has been terminated; and (c) process Plaintiff's request for OPT and process and award his Employment Authorization Document as would have occurred if Defendants had not engaged in the action described in the 1 Complaint; Defendants shall file a notice of compliance with this Order before noon on 4/25/2025; further directing that Defendants are prohibited from arresting, detaining, or transferring Plaintiff out of this Court's jurisdiction, or ordering the arrest, detention, or transfer of Plaintiff out of this Court's jurisdiction, or initiating removal proceedings against or deporting the Plaintiff; SCHEDULING an expedited preliminary injunction hearing for 5/7/2025 at 10:00 AM in Huntington before Judge Robert C. Chambers; Plaintiff shall file his disclosure and supplemental brief in support before 5:00 PM on 4/29/2025; Defendants shall file their disclosure and brief before 5:00 PM on 5/2/2025; directing the Clerk's Office to send a copy of this Order to Marshall University's Office of International Student Services. Signed by Judge Robert C. Chambers on 4/23/2025. (cc: counsel of record; any unrepresented parties; Marshall University's Office of International Student Services) (skm)

NOTICE OF DOCKET CORRECTION re: 4 MOTION by Shival Nilesh Vyas for Temporary Restraining Order. Error: The memorandum in support should be a separate filing. Correction: Detached memorandum and filed using the event memorandum in support. (mkw)

MEMORANDUM OF LAW by Pamela Bondi, Todd Lyons, Kristi Noem in support of 9 MOTION by Pamela Bondi, Todd Lyons, Kristi Noem to Alter or Amend 7 Memorandum Opinion and Order. (Westfall, Fred)

NOTICE OF SCHEDULING CONFLICT by Pamela Bondi, Todd Lyons, Kristi Noem, re: 7 Memorandum Opinion and Order. (Westfall, Fred)

NOTICE OF COMPLIANCE by Pamela Bondi, Todd Lyons, Kristi Noem, re: 7 Memorandum Opinion and Order. (Westfall, Fred)

ORDER pursuant to the 11 Notice of Scheduling Conflict filed by attorney Westfall; directing that the preliminary injunction hearing currently scheduled in this matter for 5/7/2025 will now be held on 5/8/2025 at 10:00 AM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 4/25/2025. (cc: counsel of record; any unrepresented parties) (jsa)

ORDER directing Plaintiff to file a Response to Defendants' 9 MOTION to Alter or Amend 7 Memorandum Opinion and Order before 5:00 p.m. on 4/28/2025; Defendants may file a Reply before 5:00 p.m. on 4/29/2025. Signed by Judge Robert C. Chambers on 4/25/2025. (cc: counsel of record; any unrepresented parties) (jsa)

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Fred B. Westfall, Jr substituting within-firm representation for Lisa G. Johnston on behalf of Pamela Bondi, Todd Lyons, Kristi Noem. (Westfall, Fred)

MOTION by Pamela Bondi, Todd Lyons, Kristi Noem to Alter or Amend 7 Memorandum Opinion and Order. (Westfall, Fred)

RESPONSE by Shival Nilesh Vyas in support of 9 MOTION by Pamela Bondi, Todd Lyons, Kristi Noem to Alter or Amend 7 Memorandum Opinion and Order. (Sparks, Aubrey)

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff Shival Nilesh Vyas. (Sparks, Aubrey)

SUPPLEMENTAL BRIEF by Shival Nilesh Vyas in support of 4 MOTION by Shival Nilesh Vyas for Preliminary Injunction. (Attachment: # 1 Exhibit A)(Sparks, Aubrey)

AMENDMENT TO MEMORANDUM OPINION & ORDER denying in part and granting in part Defendants' 9 MOTION to Alter or Amend 7 Memorandum Opinion and Order; granting Defendants' Motion insofar as the Court adopts Plaintiff's suggested lan guage; part (c) of the Court's 4/23/2025 7 Memorandum Opinion and Order is altered to state that Defendants must "process Plaintiff's request for OPT and, if approved, process and award his Employment Authorization Document as would have occurred if Defendants had not engaged in the action described in the Complaint." Signed by Judge Robert C. Chambers on 4/30/2025. (cc: counsel of record; any unrepresented parties) (jsa)

ORDER directing Defendants to file a supplemental notice of compliance with this Court's 4/23/2025 7 Memorandum Opinion & Order before 3 p.m. on 5/1/2025, as more fully set forth herein. Signed by Judge Robert C. Chambers on 4/30/2025. (cc: counsel of record; any unrepresented parties) (jsa)

SUPPLEMENTAL NOTICE OF COMPLIANCE by Pamela Bondi, Todd Lyons, Kristi Noem pursuant to 19 Court Order entered on April 30, 2025. (Westfall, Fred)

SUPPLEMENTAL DISCLOSURE STATEMENT by Plaintiff Shival Nilesh Vyas in response to the Court's 7 Memorandum Opinion and Order. (Sparks, Aubrey) (Modified on 5/2/2025 to add link to #7 memorandum opinion and order) (mkw).

DISCLOSURE by Pamela Bondi, Todd Lyons, Kristi Noem pursuant to the Court's 7 Memorandum Opinion and Order. (Westfall, Fred)

MOTION by Pamela Bondi, Todd Lyons, Kristi Noem to Exceed Page Limit for Defendants' Response In Opposition To Plaintiff's 4 Motion For Preliminary Injunction, with proposed document attached. (Attachments: # 1 Exhibit - Response In Opposition, # 2 Exhibit 1, # 3 Exhibit 2)(Westfall, Fred) (Modified on 5/2/2025 to add link to #4 motion) (mkw).

ORDER granting Defendants' 23 MOTION to Exceed Page Limit for Defendants' Response In Opposition To Plaintiff's 4 Motion For Preliminary Injunction; Plaintiff may file a reply brief by 5:00 PM on 5/6/2025; directing that the temporary restraining order shall expire at 5:00 PM on 5/8/2025. Signed by Judge Robert C. Chambers on 5/5/2025. (cc: counsel of record; any unrepresented parties) (skm)

RESPONSE by Pamela Bondi, Todd Lyons, Kristi Noem in opposition to Plaintiff's 4 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (skm)

1 Exhibit 1

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2 Exhibit 2

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REPLY by Shival Nilesh Vyas to 25 RESPONSE by Pamela Bondi, Todd Lyons, Kristi Noem in opposition to Plaintiff's 4 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Sparks, Aubrey) (Modified on 5/6/2025 to add link to #4 motion) (mkw).

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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SECOND SUPPLEMENTAL NOTICE OF COMPLIANCE by Pamela Bondi, Todd Lyons, Kristi Noem in response to the Court's 7 Memorandum Opinion and Order. (Westfall, Fred)

PRELIMINARY INJUNCTION HEARING held by Judge Robert C. Chambers on 5/8/2025; Court Reporter: Carol Adams. (trj)

EXHIBIT LIST by Pamela Bondi, Todd Lyons, Kristi Noem, Re: Preliminary Injunction Hearing held 5/8/2025. (Attachment: # 1 Defendant's Exhibit 1) (jsa)

MEMORANDUM OPINION & ORDER granting Plaintiff's 4 MOTION for a preliminary injunction; directing that Defendants: (a) restore Plaintiff's valid, active F-1 status in the SEVIS record; (b) restore Plaintiff's valid F-1 student status to the extent that such status has been terminated; and (c) process Plaintiff's request for OPT and, if approved, process and award his Employment Authorization Document as would have occurred if Defendants had not engaged in the action describe d in the Complaint; further directing that Defendants are prohibited from arresting, detaining, or transferring Plaintiff out of this Court's jurisdiction, or ordering the arrest, detention, or transfer of Plaintiff out of this Court's juri sdiction, or initiating removal proceedings against or deporting the Plaintiff; this Order will not limit Defendants' ability to act upon any failure by Plaintiff to maintain compliance with the statutory and regulatory requirements for his F-1 status; Defendants should move the Court for relief if such circumstances arise. Signed by Judge Robert C. Chambers on 5/8/2025. (cc: counsel of record; any unrepresented parties) (jsa)

ORDER AND NOTICE: Rule 12(b) Motions - 6/2/2025. Rule 26(f) Meeting - 6/16/2025. Last day to file report of Rule 26(f) Meeting - 6/23/2025. Scheduling/status conference at 11:30 AM on 7/7/2025 in Huntington. Entry of Scheduling Order - 7/14/2025. Last Day to make Rule 26(a)(1) disclosures - 7/21/2025. Signed by Judge Robert C. Chambers on 5/12/2025. (cc: counsel of record; any unrepresented parties) (jsa)

TRANSCRIPT REQUEST by Pamela Bondi, Todd Lyons, Kristi Noem for proceedings held on 05/08/2025 before Judge Robert C. Chambers. (Westfall, Fred)

TRANSCRIPT OF PROCEEDINGS of Preliminary Injunction Hearing held on 5/8/2025, before Judge Robert C. Chambers. Court Reporter Carol Adams, Telephone number 304-528-2244. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 5/27/2025. Redaction Request due 6/4/2025. Redacted Transcript Deadline set for 6/16/2025. Release of Transcript Restriction set for 8/12/2025. (cla)

MOTION by Pamela Bondi, Todd Lyons, Kristi Noem Under Fed. R. Civ. P. 59(e) to Alter or Amend the Preliminary Injunction Entered on 5/8/2025, re: 30 Memorandum Opinion and Order. (Westfall, Fred)

MEMORANDUM OF LAW by Pamela Bondi, Todd Lyons, Kristi Noem in support of 34 MOTION by Pamela Bondi, Todd Lyons, Kristi Noem Under Fed. R. Civ. P. 59(e) to Alter or Amend the Preliminary Injunction Entered on 5/8/2025, re: 30 Memorandum Opinion and Order. (Westfall, Fred)

MOTION by Pamela Bondi, Todd Lyons, Kristi Noem for an Entry of Order to Allow Defendants to File Amended 34 MOTION by Pamela Bondi, Todd Lyons, Kristi Noem Under Fed. R. Civ. P. 59(e) to Alter or Amend the Preliminary Injunction Order Entered on 5/8/2025 and 35 Memorandum in Support. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Westfall, Fred)

ORDER granting Defendants' 36 MOTION for an Entry of Order to Allow Defendants to File Amended ECF No. 34 and 35; directing Plaintiff to file a response to Defendants' amended motion by 6/26/2025. Signed by Judge Robert C. Chambers on 6/12/2025. (cc: counsel of record; any unrepresented parties) (jsa)

AMENDED MOTION by Pamela Bondi, Todd Lyons, Kristi Noem Under Fed. R. Civ. P. 59(e) to Alter or Amend the Preliminary Injunction Entered on 5/8/2025, re: 30 Memorandum Opinion and Order. (jsa) M

AMENDED MEMORANDUM OF LAW by Pamela Bondi, Todd Lyons, Kristi Noem in support of 38 AMENDED MOTION by Pamela Bondi, Todd Lyons, Kristi Noem Under Fed. R. Civ. P. 59(e) to Alter or Amend the Preliminary Injunction Entered on 5/8/2025, re: 30 Memorandum Opinion and Order. (jsa)

SET DEADLINE as to 38 AMENDED MOTION by Pamela Bondi, Todd Lyons, Kristi Noem to Amend 30 Memorandum Opinion and Order for a Preliminary Injunction; Responses due by 6/26/2025, pursuant to the 37 Order. (jsa)

RULE 26(f) REPORT OF PLANNING MEETING by Shival Nilesh Vyas, Pamela Bondi, Todd Lyons, Kristi Noem. (Attachment: # 1 Exhibit 1)(Westfall, Fred) (Modified on 6/23/2025 to add party filer) (mkw).

SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 6/17/2025 as to Todd Lyons. Certified Mail Number: 92148901125134100004268478. (skm)

SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 6/17/2025 as to Kristi Noem. Certified Mail Number: 92148901125134100004268485. (skm)

SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 6/17/2025 as to Pamela Bondi. Certified Mail Number: 92148901125134100004268461. (skm)

RESPONSE by Shival Nilesh Vyas in opposition to 38 AMENDED MOTION by Pamela Bondi, Todd Lyons, Kristi Noem Under Fed. R. Civ. P. 59(e) to Alter or Amend the Preliminary Injunction Entered on 5/8/2025, re: 30 Memorandum Opinion and Order. (Sparks, Aubrey)

MOTION by Pamela Bondi, Todd Lyons, Kristi Noem to Dismiss Without Prejudice, re: 1 Complaint and MOTION by Pamela Bondi, Todd Lyons, Kristi Noem to Quash Improper Service of Process. (Westfall, Fred) (Modified on 7/2/2025 to add link to #1 complaint) (mkw).

MEMORANDUM by Pamela Bondi, Todd Lyons, Kristi Noem in support of 45 MOTION by Pamela Bondi, Todd Lyons, Kristi Noem to Dismiss Without Prejudice, re: 1 Complaint and MOTION by Pamela Bondi, Todd Lyons, Kristi Noem to Quash Improper Service of Process. (Westfall, Fred)

SUMMONS RETURNED EXECUTED by Personal Service for Pamela Bondi. Pamela Bondi served on 7/2/2025, answer due 7/23/2025. Summons served on Michelle Wallace on behalf of Pamela Bondi. (Sparks, Aubrey) (Modified on 7/2/2025 to correct the name of the person served) (mkw).

REPLY by Pamela Bondi, Todd Lyons, Kristi Noem to 44 RESPONSE by Shival Nilesh Vyas in opposition to 38 AMENDED MOTION by Pamela Bondi, Todd Lyons, Kristi Noem Under Fed. R. Civ. P. 59(e) to Alter or Amend the Preliminary Injunction Entered on 5/8/2025. (Westfall, Fred) (Modified on 7/2/2025 to add link to #38 amended motion) (mkw).

SCHEDULING CONFERENCE held by Judge Robert C. Chambers on 7/7/2025; Court Reporter: Carol Adams. (trj)

ORDER staying the case until 7/21/2025; the Court will not rule on Defendants' 38 Amended Motion to Alter or Amend the Preliminary Injunction Entered on 5/8/2025 during this time, with the limited exception that the Court may revise the language of the injunction order if the parties submit agreed language; Plaintiff need not respond to Defendants' 45 Motion to Dismiss and to Quash Improper Service of Process during this time; the Court will set new deadlines for briefing on Defendants' Motion if the parties are not able to resolve the case; directing Plaintiff to submit a declaration as to Plaintiff's employment status by 7/14/2025. Signed by Judge Robert C. Chambers on 7/7/2025. (cc: counsel of record; any unrepresented parties) (jsa)

SUPPLEMENTAL DECLARATION of Shival Nilesh Vyas, Plaintiff, dated July 14, 2025 in response to the Court's 50 Order. (Sparks, Aubrey) (Modified on 7/15/2025 to add link to #50 order) (mkw).

MOTION by Pamela Bondi, Todd Lyons, Kristi Noem to Extend Stay and to Extend Deadine for Fed.R.Civ.P.26(a)(1) Disclosures. (Westfall, Fred)

ORDER granting Defendants' 52 MOTION to Extend Stay and to Extend Deadline for Fed.R.Civ.P.26(a)(1) Disclosures; extending the stay entered by the Court on 7/7/2025 up to and including 7/28/2025; further extending the deadline for Fed.R.Civ.P. 26(a)(1) Disclosures to 7/29/2025. Signed by Judge Robert C. Chambers on 7/23/2025. (cc: counsel of record; any unrepresented parties) (jsa)