Case: Tang v. United States

COMPLAINT against UNITED STATES OF AMERICA. (Filing Fee $ 402.00, Receipt Number ANYSDC-28544485)Document filed by Tony Tang, Gilberto Torres Gomez..(Chen, Geng) (Entered: 11/08/2023)

CIVIL COVER SHEET filed..(Chen, Geng) (Entered: 11/08/2023)

REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: 1 Complaint. Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 11/08/2023)

REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: 1 Complaint. Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 11/08/2023)

ELECTRONIC SUMMONS ISSUED as to United States Of America..(pc) (Entered: 11/09/2023)

ELECTRONIC SUMMONS ISSUED as to United States Of America..(pc) (Entered: 11/09/2023)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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)

Notice to Attorney Regarding Party Modification

Case Opening Initial Assignment Notice

Magistrate Judge Sarah Netburn 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 PARTY MODIFICATION. Notice to attorney Geng Chen. The party information for the following party/parties has been modified: UNITED STATES OF AMERICA. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc)

NOTICE OF APPEARANCE by Courtney Elizabeth Moran on behalf of United States Of America..(Moran, Courtney) (Entered: 11/20/2023)

NOTICE OF APPEARANCE by Beatrice Catherine Franklin on behalf of Gilberto Torres Gomez, Tony Tang..(Franklin, Beatrice) (Entered: 11/20/2023)

NOTICE OF APPEARANCE by Jessica F. Rosenbaum on behalf of United States Of America..(Rosenbaum, Jessica) (Entered: 11/20/2023)

NOTICE OF APPEARANCE by Dinis Cheian on behalf of Gilberto Torres Gomez, Tony Tang..(Cheian, Dinis) (Entered: 11/21/2023)

AFFIDAVIT OF SERVICE. United States Of America served on 11/27/2023, answer due 1/26/2024. Service was accepted by OsRick Gordon, Clerk. Service was made by In Person and Certified Mail. Document filed by Tony Tang; Gilberto Torres Gomez..(Cheian, Dinis) (Entered: 11/27/2023)

CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Vernon S. Broderick from Courtney E. Moran dated January 3, 2024. Document filed by United States Of America..(Moran, Courtney) (Entered: 01/03/2024)

ORDER granting 12 Letter Motion for Extension of Time to Answer re 12 CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Vernon S. Broderick from Courtney E. Moran dated January 3, 2024., 1 Complaint. APPLICATION GRANTED. SO ORDERED. United States Of America answer due 2/12/2024. (Signed by Judge Vernon S. Broderick on 1/4/2024) (rro) (Entered: 01/04/2024)

LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Jessica F. Rosenbaum dated February 8, 2024. Document filed by United States Of America..(Rosenbaum, Jessica) (Entered: 02/08/2024)

ORDER granting 14 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/9/2024) (tg) (Entered: 02/12/2024)

Set/Reset Deadlines: United States Of America answer due 2/26/2024. (tg)

ANSWER to 1 Complaint. Document filed by United States Of America..(Rosenbaum, Jessica) (Entered: 02/26/2024)

ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by March 8, 2024, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 2/27/2024) (rro) (Entered: 02/28/2024)

JOINT LETTER addressed to Judge Vernon S. Broderick from Geng Chen for Plaintiffs and Jessica F. Rosenbaum for United States of America dated March 7, 2024 re: Response to Court's February 28, 2024 Order [Dkt. 17]. Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 03/07/2024)

PROPOSED CASE MANAGEMENT PLAN. Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 03/07/2024)

CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following Case Management Plan and Scheduling Order: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. Motions due by 11/1/2024. Responses due by 12/10/2024 Replies due by 1/17/2025. Deposition due by 8/30/2024. All Fact Discovery due by 7/3/2024. All Expert Discovery due by 8/30/2024. Depositions (except expert depositions) shall be completed by July 3, 2024. All Discovery due by 9/16/2024. No later than September 23, 2024, the parties are to submit a joint letter updating theCourt on the status of the case. A telephonic (Status) post-discovery Conference set for 10/9/2024 at 02:00 PM before Judge Vernon S. Broderick. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is 5-7 days. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/12/2024) (ama) (Entered: 03/12/2024)

ORDER OF REFERENCE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/12/2024) (ama) (Entered: 03/12/2024)

Magistrate Judge Robyn F. Tarnofsky is so redesignated to handle matters that may be referred in this case. (laq)

Notice of Reassignment of Referral to Magistrate Judge

NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robyn F. Tarnofsky, for Settlement. Magistrate Judge Sarah Netburn no longer referred to the case. (laq)

ORDER SCHEDULING PRE-SETTLEMENT TELEPHONE CONFERENCE By Order of Reference dated March 12, 2024 (ECF 21), Judge Vernon S. Broderick referred this case to Magistrate Judge Sarah Netburn for settlement. On March 13, 2024, that referral was reassigned to me. A telephone conference will be held on May 28, 2024, at 11 AM, in advance of a settlement conference. The parties are directed to review Judge Tarnofsky's Individual Practices at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky concerning settlement conferences before the call. Counsel are directed to join the conference via Microsoft Teams at the scheduled time. Please dial (646) 453-4442, Access Code: 668 609 461#. If counsel are not available at this date and time, please jointly confer and email four dates of availability to TarnofskyNYSDChambers@nysd.uscourts.gov within 48 hours of this order. SO ORDERED. Telephone Conference set for 5/28/2024 at 11:00 AM before Magistrate Judge Robyn F. Tarnofsky. (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/14/2024) (jca) (Entered: 03/14/2024)

ORDER A settlement conference is scheduled for Wednesday, July 10, 2024 at 2:00 p.m. in Courtroom 9B at 500 Pearl Street, New York, NY, 10007. If this date is not convenient for the parties, counsel should e-mail my chambers at TarnofskyNYSDCha mbers@nysd.uscourts.gov by March 28, 2024, to propose three alternative dates and times for the settlement conference during the week of July 15, 2024. The parties are instructed to complete the Ex Parte Settlement Conference Summary Report and prepare pre-conference submissions in accordance with my Individual Rules of Practice. Pre-conference submissions must be received no later than July 3, 2024, at 5:00 p.m. Corporate parties must send the person with decision-making authority to settle the matter to the conference. If attending in person presents a hardship for any party, they may submit a letter on the docket explaining the situation and the reasons why they believe the settlement conference should be held remotely. SO ORDERED. (Settlement Conference set for 7/10/2024 at 02:00 PM in Courtroom 9B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robyn F. Tarnofsky.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/15/2024) (jca)

NOTICE OF CHANGE OF ADDRESS by Geng Chen on behalf of Gilberto Torres Gomez, Tony Tang. New Address: Susman Godfrey L.L.P., One Manhattan West, 50th Fl., New York, New York, United States of America 10001, 212-336-8330..(Chen, Geng) (Entered: 03/20/2024)

NOTICE OF CHANGE OF ADDRESS by Beatrice Catherine Franklin on behalf of Gilberto Torres Gomez, Tony Tang. New Address: Susman Godfrey LLP, One Manhattan West, 50th Fl., New York, NY, USA 10001, 212-336-8330..(Franklin, Beatrice) (Entered: 03/27/2024)

CONSENT LETTER MOTION for Leave to File Rule 12(c) motion for judgment on the pleadings (with proposed briefing schedule) addressed to Judge Vernon S. Broderick from Courtney E. Moran dated April 26, 2024. Document filed by United States Of America..(Moran, Courtney) (Entered: 04/26/2024)

ORDER granting 26 Letter Motion for Leave to File Document. APPLICATION GRANTED. SO ORDRERED. (Signed by Judge Vernon S. Broderick on 5/1/2024) (rro) (Entered: 05/01/2024)

Set/Reset Deadlines: Motions due by 6/21/2024. Responses due by 8/9/2024 Replies due by 8/30/2024. (rro)

NOTICE OF APPEARANCE by Alyssa O'Gallagher on behalf of United States Of America..(O'Gallagher, Alyssa) (Entered: 05/02/2024)

JOINT LETTER addressed to Judge Vernon S. Broderick from Alyssa B. O'Gallagher & Beatrice Franklin dated May 2, 2024 re: Discovery Dispute. Document filed by United States Of America. (Attachments: # 1 Exhibit Plaintiffs' RFPs).(O'Gallagher, Alyssa) (Entered: 05/02/2024)

MEMO ENDORSEMENT on re: 29 Letter, filed by United States Of America. ENDORSEMENT: The Government's request for a stay of discovery pending my decision on its anticipated motion for judgment on the pleadings is DENIED without prejudice to refiling after it submits its motion. At present, I am unable to assess the motion's strength, a key consideration in deciding whether a stay of discovery is appropriate. See Republic of Turkey v. Christie's, Inc., 316 F. Supp. 3d 675, 678 (S.D.N.Y. 2018) (denying stay motion where, among other things, the court was "unable to fully assess the strength of the pending motion, since it only recently was filed, and opposition papers are not yet due"). (Signed by Judge Vernon S. Broderick on 5/8/2024) (rro) (Entered: 05/08/2024)

LETTER MOTION for Extension of Time to respond to Plaintiffs' First Set of Requests for Production of Documents addressed to Judge Vernon S. Broderick from Courtney E. Moran dated May 8, 2024. Document filed by United States Of America..(Moran, Courtney) (Entered: 05/08/2024)

LETTER RESPONSE to Motion addressed to Judge Vernon S. Broderick from Beatrice C. Franklin dated May 8, 2024 re: 31 LETTER MOTION for Extension of Time to respond to Plaintiffs' First Set of Requests for Production of Documents addressed to Judge Vernon S. Broderick from Courtney E. Moran dated May 8, 2024. . Document filed by Gilberto Torres Gomez, Tony Tang..(Franklin, Beatrice) (Entered: 05/08/2024)

ORDER granting 31 Letter Motion for Extension of Time. APPLCIATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/10/2024) (ks) (Entered: 05/10/2024)

Minute Entry for proceedings held before Magistrate Judge Robyn F. Tarnofsky: Pre-Settlement Conference held on 5/28/2024. (ah)

Telephone Conference

The settlement conference scheduled for July 10, 2024 is cancelled. A pre-settlement conference is scheduled for July 1, 2024 at 11:30 AM. (Telephone Conference set for 7/1/2024 at 11:30 AM in telephone or video conference before Magistrate Judge Robyn F. Tarnofsky.) (HEREBY ORDERED by Magistrate Judge Robyn F. Tarnofsky) (Text Only Order) (ah)

1 - Terminate Hearings AND ~Util - Set Hearings

CONSENT LETTER MOTION for Extension of Time to File Rule 12(c) motion for judgment on the pleadings addressed to Judge Vernon S. Broderick from Courtney E. Moran dated June 18, 2024. Document filed by United States Of America..(Moran, Courtney) (Entered: 06/18/2024)

ORDER granting 34 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/20/2024) (ks)

Set/Reset Deadlines: Motions due by 6/28/2024. (ks)

CONSENT LETTER MOTION for Extension of Time to File Rule 12(c) motion for judgment on the pleadings addressed to Judge Vernon S. Broderick from Courtney E. Moran dated June 26, 2024., CONSENT LETTER MOTION for Leave to File Excess Pages in memorandum of law in support of the Rule 12(c) motion addressed to Judge Vernon S. Broderick from Courtney E. Moran dated June 26, 2024. Document filed by United States Of America..(Moran, Courtney) (Entered: 06/26/2024)

NOTICE OF APPEARANCE by Joseph Zachary Fields on behalf of Gilberto Torres Gomez, Tony Tang..(Fields, Joseph) (Entered: 06/28/2024)

PROPOSED STIPULATION AND ORDER. Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 06/28/2024)

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Vernon S. Broderick on 7/1/2024) (rro)

ORDER granting 36 Letter Motion for Extension of Time to File ; granting 36 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/1/2024) (rro)

The pre-settlement conference is adjourned until September 3, 2024 at 10:30 AM, without prejudice to the parties seeking a further adjournment closer to the time if appropriate. The Courtroom Deputy will email counsel the telephone conference details. (HEREBY ORDERED by Magistrate Judge Robyn F. Tarnofsky) (Text Only Order) (ah)

~Util - Set Hearings

Set/Reset Deadlines: Motions due by 6/28/2024. (rro)

CONSENT LETTER MOTION for Extension of Time on all discovery deadlines by 90 days addressed to Judge Vernon S. Broderick from Geng Chen dated July 2nd. Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 07/02/2024)

MOTION to Dismiss and for Judgment on the Pleadings. Document filed by United States Of America..(O'Gallagher, Alyssa) (Entered: 07/03/2024)

MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss and for Judgment on the Pleadings. . Document filed by United States Of America..(O'Gallagher, Alyssa) (Entered: 07/03/2024)

DECLARATION of Jay R. Weselmann in Support re: 42 MOTION to Dismiss and for Judgment on the Pleadings.. Document filed by United States Of America..(O'Gallagher, Alyssa) (Entered: 07/04/2024)

LETTER MOTION to Stay Discovery addressed to Judge Vernon S. Broderick from Alyssa B. O'Gallagher dated July 4, 2024. Document filed by United States Of America..(O'Gallagher, Alyssa) (Entered: 07/04/2024)

ORDER with respect to 41 Letter Motion for Extension of Time. SO ORDERED. Consistent with my Individual Rules, the parties are directed to file a revised Case Management Plan and Scheduling Order with the new discovery deadlines by July 15, 2024. (Signed by Judge Vernon S. Broderick on 7/9/2024) (jca) (Entered: 07/09/2024)

LETTER RESPONSE to Motion addressed to Judge Vernon S. Broderick from Geng Chen dated July 9, 2024 re: 45 LETTER MOTION to Stay Discovery addressed to Judge Vernon S. Broderick from Alyssa B. O'Gallagher dated July 4, 2024. . Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 07/09/2024)

CONSENT LETTER MOTION for Extension of Time to Respond to USCISs Rule 12(c) Motion for Judgment on the Pleadings addressed to Judge Vernon S. Broderick from Geng Chen dated July 12, 2024., CONSENT LETTER MOTION for Leave to File Excess Pages for the Response Memorandum of Law in Support of Plaintiffs Response to Rule 12(c) Motion addressed to Judge Vernon S. Broderick from Geng Chen dated July 12, 2024. Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 07/12/2024)

PROPOSED CASE MANAGEMENT PLAN. Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 07/12/2024)

ORDER granting 48 Letter Motion for Extension of Time; granting 48 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED SO ORDERED.. (Signed by Judge Vernon S. Broderick on 7/15/2024) (jca) (Entered: 07/16/2024)

CASE MANAGEMENT PLAN AND SCHEDULING ORDER:Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following Case Management Plan and Scheduling Order: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). The parties have not engaged in settlement discussions. This case is not to be tried to a jury. Motions due by 1/30/2025. Responses due by 3/10/2025 Replies due by 4/16/2025. Deposition due by 12/13/2024. Fact Discovery due by 10/1/2024. Expert Discovery due by 12/13/2024. Discovery due by 12/13/2024. Telephone Conference set for 2/13/2025 at 02:00 PM before Judge Vernon S. Broderick. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is 5-7 days. (And as further set forth herein.) SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/16/2024) (jca) (Entered: 07/16/2024)

LETTER addressed to Judge Vernon S. Broderick from Alyssa B. O'Gallagher dated July 17, 2024 re: Weselmann Declaration (Dkt. No. 44). Document filed by United States Of America..(O'Gallagher, Alyssa) (Entered: 07/17/2024)

LETTER MOTION for Extension of Time to File Opposition to Defendant's Motion to Dismiss and for Judgment on the Pleadings (Dkt. No. 43) addressed to Judge Vernon S. Broderick from Geng Chen dated August 27, 2024. Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 08/27/2024)

ORDER granting 53 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 8/28/2024) (tro)

Set/Reset Deadlines: Responses due by 9/5/2024 (tro)

ORDER At the parties' request, the pre-settlement conference scheduled for September 3, 2024 at 10:30 AM is adjourned sine die, to be rescheduled within three business days after the Court's ruling on the government's motion. (HEREBY ORDERED by Magistrate Judge Robyn F. Tarnofsky) (Text Only Order) (ah) (Entered: 08/30/2024)

1 - Terminate Hearings AND Order

MEMORANDUM OF LAW in Opposition re: 42 MOTION to Dismiss and for Judgment on the Pleadings. . Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 09/05/2024)

FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Rebecca Sarah Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29882922. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gilberto Torres Gomez, Tony Tang. (Attachments: # 1 Exhibit Certificate of Good Standing).(Brown, Rebecca) Modified on 9/12/2024 (rju). (Entered: 09/12/2024)

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rebecca Sarah Brown to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gilberto Torres Gomez, Tony Tang. (Attachments: # 1 Proposed Order Proposed Order for PHV, # 2 Exhibit Rebecca Brown California Standing Certificate).(Brown, Rebecca) Modified on 9/12/2024 (rju). (Entered: 09/12/2024)

MOTION for Leave to File Brief of Amicus Curiae Public Counsel et al. . Document filed by Public Counsel, et al.. (Attachments: # 1 Exhibit Amicus Brief of Public Counsel, Central American Legal Assistance, Immigrant Defenders Law Center, and the Legal Aid Society in Support of Petitioners).(Press, Rebecca) (Entered: 09/12/2024)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 57 FIRST MOTION for Rebecca Sarah Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29882922. 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 California;. 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.. (rju)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 58 MOTION for Rebecca Sarah Brown to Appear Pro Hac Vice . 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 California; not the STATE bar;. 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.. (rju)

CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss and for Judgment on the Pleadings. addressed to Judge Vernon S. Broderick from Courtney E. Moran dated September 24, 2024. Document filed by United States Of America..(Moran, Courtney) (Entered: 09/24/2024)

ORDER granting 60 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. SO ORDERED. Replies due by 10/3/2024. (Signed by Judge Vernon S. Broderick on 9/26/2024) (sgz) (Entered: 09/26/2024)

CONSENT LETTER MOTION for Extension of Time on all deadlines in the scheduling order by 90 days addressed to Judge Vernon S. Broderick from Geng Chen dated October 1, 2024. Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 10/01/2024)

LETTER MOTION for Leave to File Excess Pages addressed to Judge Vernon S. Broderick from Alyssa B. O'Gallagher dated October 2, 2024. Document filed by United States Of America..(O'Gallagher, Alyssa) (Entered: 10/02/2024)

ORDER granting 62 Letter Motion for Extension of Time. Consistent with my Individual Rules, the parties are directed to file an amended Case Management Plan and Scheduling Order reflecting the proposed new discovery deadlines by October 9, 2024. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/3/2024) (tg) (Entered: 10/03/2024)

REPLY MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss and for Judgment on the Pleadings. . Document filed by United States Of America..(O'Gallagher, Alyssa) (Entered: 10/03/2024)

MEMO ENDORSEMENT granting 63 Letter Motion for Leave to File Excess Pages. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 10/03/2024) (ar) (Entered: 10/04/2024)

PROPOSED CASE MANAGEMENT PLAN. Document filed by Gilberto Torres Gomez, Tony Tang..(Chen, Geng) (Entered: 10/09/2024)

AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). The parties have not engaged in settlement discussions. This case is not to be tried to a jury. Fact Discovery due by 12/30/2024. Depositions (except expert depositions) shall be completed by December 30, 2024. Motions due by 4/30/2025. Responses due by 6/8/2025 Replies due by 7/15/2025. Expert Deposition due by 3/13/2025. Expert Discovery due by 3/13/2025. Discovery due by 3/13/2025. The Court will conduct a telephonic post-discovery conference on May 21, 2025 at 2:00 pm. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is 5-7 days. SO ORDERED. Telephone Conference set for 5/21/2025 at 02:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 10/10/2024) (sgz) (Entered: 10/10/2024)

ORDER denying 45 Letter Motion to Stay. APPLICATION DENIED SO ORDERED. Having considered the relevant factors, including whether Defendant has made a "strong showing" that Plaintiffs' claims are "unmeritorious," "t he breadth of discovery and the burden of responding to it," and "the risk of unfair prejudice to the party opposing the stay," Alapaha View Ltd. v. Prodigy Network, LLC, No. 20-CV-7572, 2021 WL 1893316, at *2 (S.D.N.Y. May 10, 2021) (internal quotation marks omitted), I conclude that Defendant has failed to meet its burden to show "good cause" as to why discovery should be stayed. Accordingly, Defendant's motion for a stay of discovery is DENIED. (Signed by Judge Vernon S. Broderick on 10/21/2024) (jca)

NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Vernon S. Broderick is no longer assigned to the case. (vba)

Notice of Case Assignment/Reassignment

PROPOSED STIPULATION AND ORDER. Document filed by Tony Tang, Gilberto Torres Gomez..(Chen, Geng) (Entered: 12/18/2024)

JOINT STIPULATION AND ORDER RE: PROTOCOL FOR ELECTRONICALLY STORED INFORMATION: Plaintiffs Tony Tang and Gilberto Torres Gomez, individually and on behalf of the proposed class, and Defendant United States of America (collectively, the "Parties" and each individually, a "Party") hereby stipulate and agree to the following concerning the production of documents and electronically-stored information ("ESI"). For purposes of this Order, the Party producing documents or ESI shall be the "Producing Party" and the Party requesting the documents or ESI shall be the "Requesting Party." The Parties have represented that they have instituted broad legal holds and are complying with their preservation obligations. To the extent the Parties have any disputes about preservation, they agree to meet and confer to attempt to resolve them. The Parties agree that in responding to an initial Fed. R. Civ. P. 34 request, or earlier if appropriate, they will meet and confer about methods to search ESI in order to identify ESI that is subject to production in discovery and filter out ESI that is not subject to discovery. The Parties have also agreed to the following, AS FURTHER SET FORTH IN THIS ORDER. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/19/2024) (vfr) (Entered: 12/19/2024)

AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robyn F. Tarnofsky. (Signed by Judge Laura Taylor Swain on 12/20/2024) (sgz) (Entered: 12/23/2024)

SCHEDULING ORDER: A telephonic conference is scheduled for Monday, December 30, 2024 at 10:00 am. The parties should be prepared to discuss the status of the case. The parties are directed to join the conference at the scheduled time. Please dial (646) 453-4442, Access Code: 274 171 462#. (HEREBY ORDERED by Magistrate Judge Robyn F. Tarnofsky) (Text Only Order) (ah) (Entered: 12/27/2024)

PROPOSED CASE MANAGEMENT PLAN. Document filed by Tony Tang, Gilberto Torres Gomez..(Chen, Geng) (Entered: 12/27/2024)