Case: Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) v. New York University Law Review

COMPLAINT against Betsy Devos, New York University, New York University Law Review, New York University School of Law. (Filing Fee $ 400.00, Receipt Number ANYSDC-15668908)Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Attachments: # 1 Exhibit Law Review Website, # 2 Exhibit Law Review Website, # 3 Exhibit Law Review Website, # 4 Exhibit Law Review Website, # 5 Exhibit Law Review Website, # 6 Exhibit Law Review Website)(Niehaus, Paul) (Entered: 10/07/2018)

1 Exhibit Law Review Website

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2 Exhibit Law Review Website

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3 Exhibit Law Review Website

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4 Exhibit Law Review Website

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5 Exhibit Law Review Website

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6 Exhibit Law Review Website

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CIVIL COVER SHEET filed. (Niehaus, Paul) (Entered: 10/07/2018)

REQUEST FOR ISSUANCE OF SUMMONS as to New York University, re: 1 Complaint,. Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Niehaus, Paul) (Entered: 10/08/2018)

REQUEST FOR ISSUANCE OF SUMMONS as to New York University School of Law, re: 1 Complaint,. Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Niehaus, Paul) (Entered: 10/08/2018)

REQUEST FOR ISSUANCE OF SUMMONS as to New York University Law Review, re: 1 Complaint,. Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Niehaus, Paul) (Entered: 10/08/2018)

REQUEST FOR ISSUANCE OF SUMMONS as to Betsy DeVos, as U.S. Secretary of Education, re: 1 Complaint,. Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Niehaus, Paul) (Entered: 10/08/2018)

ELECTRONIC SUMMONS ISSUED as to New York University. (pne) (Entered: 10/09/2018)

ELECTRONIC SUMMONS ISSUED as to Betsy Devos. (pne) (Entered: 10/09/2018)

ELECTRONIC SUMMONS ISSUED as to New York University Law Review. (pne) (Entered: 10/09/2018)

ELECTRONIC SUMMONS ISSUED as to New York University School of Law. (pne) (Entered: 10/09/2018)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (pne)

Magistrate Judge Ona T. Wang is so designated. 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: http://nysd.uscourts.gov/forms.php. (pne)

Case Designated ECF. (pne)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Robert Niehaus. The party information for the following party/parties has been modified: Betsy Devos. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pne)

MOTION for Jonathan F. Mitchell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15842231. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Mitchell, Jonathan) (Entered: 10/31/2018)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Jonathan F. Mitchell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15842231. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

MEMO ENDORSEMENT on NOTICE OF MOTION TO ADMIT COUNSEL PRO HAC VICE. ENDORSEMENT: Application granted. So ordered. Granting 11 Motion for Jonathan F. Mitchell to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 11/2/2018) (rjm) (Entered: 11/02/2018)

NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Tuesday, January 8, 2019, in Courtroom 14A, at 2:30pm, before the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Initial Conference set for 1/8/2019 at 02:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (ne) (Entered: 11/05/2018)

NOTICE OF APPEARANCE by Stephen D. Susman on behalf of New York University. (Susman, Stephen) (Entered: 11/06/2018)

WAIVER OF SERVICE RETURNED EXECUTED. New York University waiver sent on 10/8/2018, answer due 12/7/2018. Document filed by New York University. (Susman, Stephen) (Entered: 11/06/2018)

JOINT LETTER addressed to Judge John G. Koeltl from Stephen D. Susman and Jonathan F. Mitchell dated November 6, 2018 re: to seek a brief extension of time for NYU to respond to the Complaint. Document filed by New York University.(Susman, Stephen) (Entered: 11/06/2018)

NOTICE OF APPEARANCE by Robert Rivera on behalf of New York University. (Rivera, Robert) (Entered: 11/06/2018)

NOTICE OF APPEARANCE by Arun Srinivas Subramanian on behalf of New York University. (Subramanian, Arun) (Entered: 11/06/2018)

NOTICE OF APPEARANCE by Tamar Lusztig on behalf of New York University. (Lusztig, Tamar) (Entered: 11/06/2018)

NOTICE OF APPEARANCE by William Daniel O'Connell on behalf of New York University. (O'Connell, William) (Entered: 11/06/2018)

MEMO ENDORSEMENT on re: 16 Letter seeking a brief extension of time for NYU to respond to the Complaint, filed by New York University, New York. ENDORSEMENT: Application Granted. So Ordered. (University answer due 12/20/2018.) (Signed by Judge John G. Koeltl on 11/7/18) (yv) (Entered: 11/07/2018)

NOTICE OF APPEARANCE by Jacob W Buchdahl on behalf of New York University. (Buchdahl, Jacob) (Entered: 11/27/2018)

LETTER addressed to Judge John G. Koeltl from Stephen D. Susman dated November 30, 2018 re: Requesting a Pre-Motion Conference. Document filed by New York University.(Susman, Stephen) (Entered: 11/30/2018)

MEMO ENDORSEMENT on re: 23 Letter Requesting a Pre-Motion Conference, filed by New York University. ENDORSEMENT: A Pre-Motion Conference will be held on Thursday, December 13, 2018, at 10:00am. So Ordered., (Pre-Motion Conference set for 12/13/2018 at 10:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 12/1/18) (yv) (Entered: 12/03/2018)

JOINT LETTER addressed to Judge John G. Koeltl from Arun Subramanian and Jonathan F. Mitchell dated December 6, 2018 re: seeking rescheduled telephonic premotion conference. Document filed by New York University.(Subramanian, Arun) (Entered: 12/06/2018)

MEMO ENDORSEMENT on re: 25 Letter seeking rescheduled telephonic conference, filed by New York University. ENDORSEMENT: Adjourned to Monday, December 17, 2018, at 3:30pm. The parties may appear by phone. Counsel for the plaintiff shall initiate the conference call by contacting all parties and then contacting the Court at (212) 805-0222. So Ordered., (Telephone Conference set for 12/17/2018 at 03:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 12/7/18) (yv) (Entered: 12/07/2018)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York University, New York University Law Review, New York University School of Law.(O'Connell, William) (Entered: 12/14/2018)

NOTICE OF APPEARANCE by Arastu Kabeer Chaudhury on behalf of Betsy Devos. (Chaudhury, Arastu) (Entered: 12/17/2018)

ENDORSED LETTER addressed to Judge John G. Koeltl from Stephen D. Susman dated 12/17/18 re: Further to the call we had with Your Honor's Deputy on Friday, December 14, 2018, we are submitting this letter to advise the Court as to an issue regarding this matter before the pre-motion conference scheduled by the Court for this afternoon. ENDORSEMENT: This letter should be filed. (Signed by Judge John G. Koeltl on 12/17/2018) (mro) (Entered: 12/18/2018)

Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 12/17/2018. (Fletcher, Donnie)

NOTICE OF APPEARANCE by Jillian S. Hewitt on behalf of New York University. (Hewitt, Jillian) (Entered: 12/20/2018)

LETTER MOTION for Conference request that the Court schedule a pre-motion conference to address NYUs proposed motion to dismiss the Complaint addressed to Judge Edgardo Ramos from Stephen D. Susman dated December 20, 2018. Document filed by New York University. (Attachments: # 1 Exhibit A)(Susman, Stephen) (Entered: 12/20/2018)

Notice of Case Assignment/Reassignment

NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge John G. Koeltl is no longer assigned to the case. (jc)

ORDER granting 31 Letter Motion for Conference: A pre-motion conference is hereby scheduled for January 3, 2019, at 10:30AM. Plaintiff may respond to this letter, if it so chooses, by December 28, 2018. (Pre-Motion Conference set for 1/3/2019 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 12/21/2018) (jwh) (Entered: 12/21/2018)

Set/Reset Deadlines: Responses due by 12/2/2018 (jwh)

LETTER addressed to Judge Edgardo Ramos from Jonathan F. Mitchell dated 12/26/2018 re: Request to Conduct Pre-Motion Conference of January 3, 2019, by Telephone. Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences.(Mitchell, Jonathan) (Entered: 12/27/2018)

MEMO ENDORSEMENT on re: 33 Letter, filed by Faculty, Alumni, and Students Opposed to Racial Preferences. ENDORSEMENT: Plaintiff's request to appear by telephone at the pre-motion conference is GRANTED. (Signed by Judge Edgardo Ramos on 12/27/2018) (jwh) (Entered: 12/27/2018)

STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (ne) (Entered: 01/07/2019)

Case Stayed (ne)

LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Jonathan F. Mitchell dated December 28, 2018 re: 31 LETTER MOTION for Conference request that the Court schedule a pre-motion conference to address NYUs proposed motion to dismiss the Complaint addressed to Judge Edgardo Ramos from Stephen D. Susman dated December 20, 2018. . Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Mitchell, Jonathan) (Entered: 12/28/2018)

Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 1/3/2019. Leave to file amended complaint GRANTED and leave to file subsequent motion to dismiss GRANTED. Amended complaint due January 24, 2019. Motion due February 14, 2019. Response in opposition due March 7, 2019. Reply, if any, due March 23, 2019. ( Amended Pleadings due by 1/24/2019., Motions due by 2/14/2019., Replies due by 3/23/2019., Responses due by 3/7/2019). (jar)

TRANSCRIPT of Proceedings re: conference held on 1/3/2019 before Judge Edgardo Ramos. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. 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. Redaction Request due 2/19/2019. Redacted Transcript Deadline set for 2/28/2019. Release of Transcript Restriction set for 4/29/2019.(McGuirk, Kelly) (Entered: 01/28/2019)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/3/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/28/2019)

FIRST AMENDED COMPLAINT amending 1 Complaint, against Betsy Devos, New York University, New York University Law Review, New York University School of Law, UNITED STATES OF AMERICA.Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. Related document: 1 Complaint,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Mitchell, Jonathan) (Entered: 02/28/2019)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan F. Mitchell. 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. (sj)

LETTER MOTION for Conference regarding the Government's planned motion to dismiss, or to set a briefing schedule on consent addressed to Judge Edgardo Ramos from Arastu K. Chaudhury dated March 19, 2019. Document filed by Betsy Devos, United States of America.(Chaudhury, Arastu) (Entered: 03/19/2019)

MOTION to Dismiss First Amended Complaint. Document filed by New York University.(Susman, Stephen) (Entered: 03/21/2019)

MEMORANDUM OF LAW in Support re: 41 MOTION to Dismiss First Amended Complaint. . Document filed by New York University. (Susman, Stephen) (Entered: 03/21/2019)

DECLARATION of Tamar Lusztig in Support re: 41 MOTION to Dismiss First Amended Complaint.. Document filed by New York University. (Attachments: # 1 Exhibit A)(Susman, Stephen) (Entered: 03/21/2019)

1 Exhibit A

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ORDER granting 40 Letter Motion for Conference. A pre-motion conference will be held on April 9, 2019, at 10:30 a.m. Plaintiff is directed to respond to the government's letter by April 2, 2019. (Pre-Motion Conference set for 4/9/2019 at 10:30 AM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 03/21/2019)

Order on Motion for Conference

LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Jonathan F. Mitchell dated April 2, 2019 re: 40 LETTER MOTION for Conference regarding the Government's planned motion to dismiss, or to set a briefing schedule on consent addressed to Judge Edgardo Ramos from Arastu K. Chaudhury dated March 19, 2019. . Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Mitchell, Jonathan) (Entered: 04/02/2019)

LETTER addressed to Judge Edgardo Ramos from Jonathan F. Mitchell dated April 2, 2019 re: request to participate in pre-motion hearing of April 9, 2019, by telephone. Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences.(Mitchell, Jonathan) (Entered: 04/02/2019)

MEMO ENDORSEMENT on re: 46 Letter, filed by Faculty, Alumni, and Students Opposed to Racial Preferences. ENDORSEMENT: The application is granted. Mr. Mitchell is directed to call the Court at (212) 805-0169. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/5/2019) (kv) (Entered: 04/05/2019)

Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 4/9/2019. Plaintiff's counsel appeared by telephone. Counsel for NYU, present. Counsel for the government, present. The government is granted leave to file a motion to dismiss with the following briefing schedule: moving papers due May 9, 2019; response due June 10, 2019; and reply due June 24, 2019. ( Motions due by 5/9/2019., Replies due by 6/24/2019., Responses due by 6/10/2019). (jar)

MEMORANDUM OF LAW in Opposition re: 41 MOTION to Dismiss First Amended Complaint. . Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Attachments: # 1 Exhibit)(Mitchell, Jonathan) (Entered: 04/10/2019)

REPLY MEMORANDUM OF LAW in Support re: 41 MOTION to Dismiss First Amended Complaint. . Document filed by New York University. (Susman, Stephen) (Entered: 04/25/2019)

TRANSCRIPT of Proceedings re: MOTION held on 4/9/2019 before Judge Edgardo Ramos. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. 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. Redaction Request due 5/28/2019. Redacted Transcript Deadline set for 6/7/2019. Release of Transcript Restriction set for 8/5/2019.(McGuirk, Kelly) (Entered: 05/07/2019)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 4/9/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/07/2019)

MOTION to Dismiss . Document filed by Betsy Devos, United States of America.(Chaudhury, Arastu) (Entered: 05/09/2019)

MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss . . Document filed by Betsy Devos, United States of America. (Chaudhury, Arastu) (Entered: 05/09/2019)

RESPONSE in Opposition to Motion re: 52 MOTION to Dismiss . . Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Mitchell, Jonathan) (Entered: 06/10/2019)

RESPONSE in Opposition to Motion re: 52 MOTION to Dismiss . (CORRECTED). Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. (Mitchell, Jonathan) (Entered: 06/10/2019)

REPLY MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss . . Document filed by Betsy Devos, United States of America. (Chaudhury, Arastu) (Entered: 06/24/2019)

NOTICE of Supplemental Authority re: 41 MOTION to Dismiss First Amended Complaint.. Document filed by New York University, New York University Law Review, New York University School of Law. (Attachments: # 1 Exhibit A)(Susman, Stephen) (Entered: 08/09/2019)

OPINION AND ORDER re: 41 MOTION to Dismiss First Amended Complaint filed by New York University, 52 MOTION to Dismiss filed by Betsy Devos, United States of America. For the reasons set forth above, Defendants' motions to dismiss are GRANTED without prejudice. If FASORP wishes to file a second amended complaint, it must do so by April 21, 2020. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 41 and 52. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 3/31/2020) (rro) (Entered: 03/31/2020)

Set/Reset Deadlines: Amended Pleadings due by 4/21/2020. (rro)

NOTICE of. Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences..(Mitchell, Jonathan) (Entered: 04/21/2020)

ORDER: The Clerk of Court is respectfully directed to enter a Judgment pursuant to Docs. 58 and 59. (Signed by Judge Edgardo Ramos on 5/1/2020) (mro) Transmission to Orders and Judgments Clerk for processing. (Entered: 05/01/2020)

CLERK'S JUDGMENT re: 60 Order. in favor of New York University, New York University Law Review, New York University School of Law, United States of America, Betsy Devos against Faculty, Alumni, and Students Opposed to Racial Preferences. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 31, 2020, Notice to the Court dated April 21, 2020, and Order dated May 1, 2020, that Plaintiff wishes to stand on its first amended complaint, and respectfully asking the Court to enter judgment; accordingly, judgment is entered granting Defendants' motions to dismiss without prejudice. (Signed by Clerk of Court Ruby Krajick on 05/04/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) (Entered: 05/04/2020)

1 Notice of Right to Appeal

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FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences. Filing fee $ 505.00, receipt number ANYSDC-19717181. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Mitchell, Jonathan) Modified on 5/6/2020 (tp). (Entered: 05/05/2020)

CORRECTED NOTICE OF APPEAL re: 62 Notice of Appeal, 61 Clerk's Judgment,,,. Document filed by Faculty, Alumni, and Students Opposed to Racial Preferences..(Mitchell, Jonathan) (Entered: 05/06/2020)

Notice to Attorney Regarding Deficient Appeal

***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Mitchell, Jonathan to RE-FILE Document No. 62 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp)

Appeal Record Sent to USCA - Electronic File

Transmission of Notice of Appeal and Docket Sheet to USCA

Appeal Fee Paid via Pay.gov

Appeal Fee Paid electronically via Pay.gov: for 63 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-19717181, paid on 05/05/2020..(nd)

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 63 Corrected Notice of Appeal..(nd)

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 63 Corrected Notice of Appeal filed by Faculty, Alumni, and Students Opposed to Racial Preferences were transmitted to the U.S. Court of Appeals..(nd)

Costs Taxed as to 64 USCA Mandate, USCA Case Number 20-1508. in the amount of $179.60. on 10/18/2021 in favor of Appellee New York University. against Faculty, Alumni, and Students Opposed to Racial Preferences, Plaintiff - Appellant..(nd) (Entered: 10/18/2021)

MANDATE of USCA (Certified Copy) as to 63 Corrected Notice of Appeal, filed by Faculty, Alumni, and Students Opposed to Racial Preferences USCA Case Number 20-1508. IT IS HEREBY ORDERED, ADJUDGED and DECREED that District Court's judgment dismissing the Amended Complaint without prejudice is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/18/2021. (Attachments: # 1 Opinion, # 2 Concurring Opinion).(nd) (Entered: 10/18/2021)

1 Opinion

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2 Concurring Opinion

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Transmission of USCA Mandate to the District Judge re: 64 USCA Mandate,..(nd)

Transmission of USCA Mandate/Order to District Judge