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Case TitleCharpentier et al v. Department Of Homeland Security et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv07510
Date Filed2020-09-14
Date ClosedOpen
JudgeJudge Gregory H. Woods
PlaintiffPascal Charpentier
PlaintiffEduoard Charpentier
PlaintiffMarlene Deetjen Smith
DefendantDepartment Of Homeland Security
DefendantDepartment of State
DefendantUnited States Citizenship and Immigration Services
DefendantImmigration and Customs Enforcement
DefendantNational Archives and Records Administration
DefendantNational Personnel Records Center
DefendantUnited States Department of State
Documents
Docket
Opinion/Order [15]
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-141FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR- COMPLAINT against All Plaintiffs. (Filing Fee $ 400.00, Receipt Number ANYSDC-21638909)Document filed by Marlene Deetjen Smith, Eduoard Charpentier, Pascal Charpentier. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K).(Goldberg, Julie) Modified on 9/15/2020 (pne). (Entered: 09/14/2020)
2020-09-142FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Goldberg, Julie) Modified on 9/15/2020 (pne). (Entered: 09/14/2020)
2020-09-143FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department Of Homeland Security; Department Of State; Immigration And Customs Enforcement; United States Citizenship And Immigration Services; National Archives And Records Administration; National Personnel Records Center., re: 1 Complaint,. Document filed by Eduoard Charpentier, Pascal Charpentier, Marlene Deetjen Smith..(Goldberg, Julie) Modified on 9/15/2020 (pne). (Entered: 09/14/2020)
2020-09-144FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Julie Goldberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21640966. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eduoard Charpentier, Pascal Charpentier, Marlene Deetjen Smith. (Attachments: # 1 Certificate of Good Standing).(Goldberg, Julie) Modified on 9/14/2020 (aea). (Entered: 09/14/2020)
2020-09-14>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 4 MOTION for Julie Goldberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21640966. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of California; Affirmation named incorrectly. Supporting Document Should be a Notarized Affidavit or Declaration. 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. (aea) (Entered: 09/14/2020)
2020-09-15CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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 . .(pne) (Entered: 09/15/2020)
2020-09-15Magistrate 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pne) (Entered: 09/15/2020)
2020-09-15Case Designated ECF. (pne) (Entered: 09/15/2020)
2020-09-15***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Julie A Goldberg to RE-FILE re: Document No. 1 Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Department of State and United States Department Of State are listed as two separate parties on pleading caption; United States Department Of State must be added to the case; the All Plaintiff radio button was selected; the party/parties whom the pleading is against were not selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne) (Entered: 09/15/2020)
2020-09-15***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Julie A Goldberg to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): caption error; enter 'et al' after the name of the first defendant if all party names do not fit in the space provided. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the corrected PDF. (pne) (Entered: 09/15/2020)
2020-09-15***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Julie A Goldberg to RE-FILE Document No. 3 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; multiple summons requests should not be filed in a single PDF; each summons request must be filed seperately or file one summons request with a rider/addendum listing all of the defendants, and write "SEE ATTACHED" in the 'To' field. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the corrected summons form PDF. (pne) (Entered: 09/15/2020)
2020-09-155ORDER: The Court has reviewed the Complaint and its exhibits, which contain information that should be redacted under Fed. R. Civ. P. 5.2. Dkt. No. 1. The Court has provisionally sealed the Complaint and exhibits. Plaintiffs are directed to file versions of the Complaint and exhibits that comply with Fed. R. Civ. P. 5.2 no later than September 18, 2020. (Signed by Judge Gregory H. Woods on 9/15/2020) (mro) (Entered: 09/15/2020)
2020-09-156CIVIL COVER SHEET filed..(Goldberg, Julie) (Entered: 09/15/2020)
2020-09-15ADD PARTY FOR PLEADING. Defendants/Respondents Department Of Homeland Security, Department of State, Immigration and Customs Enforcement, National Archives and Records Administration, National Personnel Records Center, United States Citizenship and Immigration Services, United States Department of State added. Party added pursuant to 1 Complaint,,.Document filed by Marlene Deetjen Smith, Eduoard Charpentier, Pascal Charpentier. Related document: 1 Complaint,,..(Goldberg, Julie) (Entered: 09/15/2020)
2020-09-157COMPLAINT against Department Of Homeland Security, Department of State, Immigration and Customs Enforcement, National Archives and Records Administration, National Personnel Records Center, United States Citizenship and Immigration Services, United States Department of State. Document filed by Marlene Deetjen Smith, Eduoard Charpentier, Pascal Charpentier. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K).(Goldberg, Julie) (Entered: 09/15/2020)
2020-09-158REQUEST FOR ISSUANCE OF SUMMONS as to Department Of Homeland Security; Department Of State; Immigration And Customs Enforcement; United States Citizenship And Immigration Services; United States Department Of State; National Archives And Records Administration; National Personnel Records Center,, re: 7 Complaint,,. Document filed by Eduoard Charpentier, Pascal Charpentier, Marlene Deetjen Smith..(Goldberg, Julie) (Entered: 09/15/2020)
2020-09-169NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/1/2020 at 04:30 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 9/16/2020) (mro) (Entered: 09/16/2020)
2020-09-1610ELECTRONIC SUMMONS ISSUED as to Department Of Homeland Security, Department of State, Immigration and Customs Enforcement, National Archives and Records Administration, National Personnel Records Center, United States Citizenship and Immigration Services, United States Department of State..(dnh) (Entered: 09/16/2020)
2020-09-2111MOTION for Julie Ann Goldberg to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eduoard Charpentier, Pascal Charpentier, Marlene Deetjen Smith. (Attachments: # 1 Certificate of Good Standing).(Goldberg, Julie) (Entered: 09/21/2020)
2020-09-22>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Julie Ann Goldberg to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (vba) (Entered: 09/22/2020)
2020-09-2212ORDER granting 11 Motion for Julie Ann Goldberg to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (W. Joseph) (Entered: 09/22/2020)
2020-09-2213SUMMONS RETURNED EXECUTED. Department Of Homeland Security served on 9/21/2020, answer due 11/20/2020; Department of State served on 9/22/2020, answer due 11/23/2020; Immigration and Customs Enforcement served on 9/21/2020, answer due 11/20/2020; National Archives and Records Administration served on 9/21/2020, answer due 11/20/2020; National Personnel Records Center served on 9/21/2020, answer due 11/20/2020; United States Citizenship and Immigration Services served on 9/21/2020, answer due 11/20/2020; United States Department of State served on 9/22/2020, answer due 11/23/2020. Service was made by MAIL. Document filed by Marlene Deetjen Smith; Eduoard Charpentier; Pascal Charpentier..(Goldberg, Julie) (Entered: 09/22/2020)
2020-10-1514NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of Department Of Homeland Security, Department of State, Immigration and Customs Enforcement, National Archives and Records Administration, National Personnel Records Center, United States Citizenship and Immigration Services, United States Department of State..(Friedman, Rebecca) (Entered: 10/15/2020)
2020-10-1615ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge; as further set forth herein. (Signed by Judge Gregory H. Woods on 10/16/2020) (mro) (Entered: 10/16/2020)
2020-10-1916CONSENT LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Rebecca R. Friedman dated October 19, 2020. Document filed by Department Of Homeland Security, Department of State, Immigration and Customs Enforcement, National Archives and Records Administration, National Personnel Records Center, United States Citizenship and Immigration Services, United States Department of State..(Friedman, Rebecca) (Entered: 10/19/2020)
2020-10-2017ORDER granting 16 Letter Motion for Extension of Time. Application granted. The deadline for Defendants to answer or otherwise respond to the Complaint is extended to October 28, 2020. (Signed by Judge Gregory H. Woods on 10/20/2020) (mro) (Entered: 10/21/2020)
2020-10-20Set/Reset Deadlines: Department Of Homeland Security answer due 10/28/2020; Department of State answer due 10/28/2020; Immigration and Customs Enforcement answer due 10/28/2020; National Archives and Records Administration answer due 10/28/2020; National Personnel Records Center answer due 10/28/2020; United States Citizenship and Immigration Services answer due 10/28/2020; United States Department of State answer due 10/28/2020. (mro) (Entered: 10/21/2020)
2020-10-2818ANSWER to 7 Complaint,,. Document filed by Department Of Homeland Security, Department of State, Immigration and Customs Enforcement, National Archives and Records Administration, National Personnel Records Center, United States Citizenship and Immigration Services, United States Department of State..(Friedman, Rebecca) (Entered: 10/28/2020)
2020-10-2819LETTER addressed to Judge Gregory H. Woods from Rebecca R. Friedman dated October 28, 2020 re: the parties do not consent to proceed before a Magistrate Judge. Document filed by Department Of Homeland Security, Department of State, Immigration and Customs Enforcement, National Archives and Records Administration, National Personnel Records Center, United States Citizenship and Immigration Services, United States Department of State..(Friedman, Rebecca) (Entered: 10/28/2020)
2020-11-2420CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from Rebecca R. Friedman dated November 24, 2020. Document filed by Department Of Homeland Security, Department of State, Immigration and Customs Enforcement, National Archives and Records Administration, National Personnel Records Center, United States Citizenship and Immigration Services, United States Department of State..(Friedman, Rebecca) (Entered: 11/24/2020)
2020-11-2421NOTICE of NON-AVAILABILITY OF COUNSEL FOR PLAINTIFFS. Document filed by Eduoard Charpentier, Pascal Charpentier, Marlene Deetjen Smith..(Goldberg, Julie) (Entered: 11/24/2020)
2020-11-2522ORDER granting 20 Letter Motion to Adjourn Conference. Application granted. The initial pretrial conference scheduled for December 1, 2020 is adjourned to December 15, 2020 at 3:00 p.m. The joint letter and proposed case management plan described in the Court's September 16, 2020 order, Dkt. No. 9, are due no later than December 8, 2020. Initial Conference set for 12/15/2020 at 03:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 11/24/2020) (mro) (Entered: 11/25/2020)
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