| Date Filed | Doc # | Docket Text |
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| 2020-10-29 | | Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) (Entered: 10/29/2020) |
| 2020-10-29 | 2 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 10/29/2020) |
| 2020-10-29 | 3 | This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 10/29/2020) |
| 2020-10-29 | 4 | Proposed Summons. Re 1 Complaint, by Nathan Tempey (Lackman, Eleanor) (Entered: 10/29/2020) |
| 2020-10-29 | 5 | Proposed Summons. Re 1 Complaint, by Nathan Tempey (Lackman, Eleanor) (Entered: 10/29/2020) |
| 2020-10-29 | 6 | Proposed Summons. Re 1 Complaint, by Nathan Tempey (Lackman, Eleanor) (Entered: 10/29/2020) |
| 2020-10-29 | 6 | Proposed Summons. Re 1 Complaint, by Nathan Tempey (Lackman, Eleanor) (Entered: 10/29/2020) |
| 2020-11-02 | 7 | NOTICE of Appearance by Eleanor Martine Lackman on behalf of Nathan Tempey (notification declined or already on case) (Lackman, Eleanor) (Entered: 11/02/2020) |
| 2020-11-02 | 8 | NOTICE of Appearance by Timothy Michael Carter on behalf of Nathan Tempey (aty to be noticed) (Carter, Timothy) (Entered: 11/02/2020) |
| 2020-11-10 | 9 | Summons Issued as to United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons) (Davis, Kimberly) (Entered: 11/10/2020) |
| 2020-11-10 | 10 | Letter to Judge Vitaliano re: Request to Remove and Refile Minimally Redacted Complaint Exhibits by Nathan Tempey (Lackman, Eleanor) Modified on 11/11/2020 (Farrell, Gillian). (Entered: 11/10/2020) |
| 2020-11-11 | | ORDER: The motion 10 is granted. The Complaint 1 is hereby sealed. Plaintiff is directed to make appropriate redactions to the referenced Complaint exhibits and refile the Complaint and redacted exhibits as a separate docket entry. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/11/2020. (Farrell, Gillian) (Entered: 11/11/2020) |
| 2020-11-12 | 11 | COMPLAINT against United States Department of Homeland Security filing fee $ 400, receipt number ANYEDC-13673796 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Nathan Tempey. (Attachments: # 1 Exhibit 1 - Redacted, # 2 Exhibit 2 - Redacted, # 3 Exhibit 3, # 4 Exhibit 4 - Redacted, # 5 Exhibit 5 - Redacted, # 6 Exhibit 6 - Redacted) (Lackman, Eleanor) (Entered: 11/12/2020) |
| 2020-11-12 | | Summons Issued as to United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General, See Doc. (Lee, Tiffeny) (Entered: 11/30/2020) |
| 2020-11-17 | 12 | NOTICE of Appearance by Alex Scott Weinberg on behalf of United States Department of Homeland Security (aty to be noticed) (Weinberg, Alex) (Entered: 11/17/2020) |
| 2020-11-23 | 13 | SCHEDULING ORDER: An initial/telephone conference will be held on 2/5/2021 at 10:30 AM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274 . The access code is 6534420 . The parties shall dial in five (5) minutes before the 10:30 AM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 2/5/2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/23/2020. (Manson, Eddie) (Entered: 11/23/2020) |
| 2020-12-02 | 14 | SUMMONS Returned Executed by Nathan Tempey. United States Department of Homeland Security served on 11/13/2020, answer due 12/14/2020. (Lee, Tiffeny) Modified to correct service date and answer due date 12/2/2020 (Lee, Tiffeny). (Entered: 12/02/2020) |
| 2020-12-14 | 15 | ANSWER to 11 Complaint, by United States Department of Homeland Security. (Weinberg, Alex) (Entered: 12/14/2020) |
| 2021-02-01 | 16 | Letter Regarding Discovery Plan by Nathan Tempey (Lackman, Eleanor) (Entered: 02/01/2021) |
| 2021-02-02 | | ORDER: In light of the parties' letter 16 , the Initial Conference scheduled for 2/5/2021 is adjourned sine die . So Ordered by Magistrate Judge Sanket J. Bulsara on 2/2/2021. (Farrell, Gillian) (Entered: 02/02/2021) |
| 2021-04-16 | | Case Reassigned to Magistrate Judge James R. Cho. Magistrate Judge Sanket J. Bulsara no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) (Entered: 04/16/2021) |
| 2021-04-20 | | ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Roanne L. Mann for all further proceedings. Magistrate Judge James R. Cho no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 4/20/2021. (Davis, Kimberly) (Entered: 04/20/2021) |
| 2021-04-21 | | Case Reassigned to Magistrate Judge Sanket J. Bulsara. Magistrate Judge Roanne L. Mann no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) (Entered: 04/21/2021) |
| 2021-04-21 | | ORDER This case has been reassigned to this magistrate judge. In order to establish a control date, the Court adopts as the deadline for filing requests for a premotion conference the May 21st deadline proposed by the parties (see DE #16). Ordered by Magistrate Judge Roanne L. Mann on 4/21/2021. (LK) (Entered: 04/21/2021) |
| 2021-05-06 | 17 | Letter MOTION for Extension of Time to File Pre-Motion Letter by Nathan Tempey. (Lackman, Eleanor) (Entered: 05/06/2021) |
| 2021-05-10 | | ORDER granting plaintiff's consent 17 Motion for Extension of Time to File. The deadline to file a pre-motion letter is extended to June 21, 2021. Ordered by Judge Eric N. Vitaliano on 5/10/2021. (Dudding, Sasha) (Entered: 05/10/2021) |
| 2021-06-11 | 18 | Consent MOTION for Extension of Time to File pre-motion conference letters in this action by United States Department of Homeland Security. (Weinberg, Alex) (Entered: 06/11/2021) |
| 2021-06-14 | | ORDER granting 18 Motion for Extension of Time to File. The deadline to file pre-motion conference letters is adjourned sine die . The parties shall file a joint status report by August 20, 2021. Ordered by Judge Eric N. Vitaliano on 6/14/2021. (Dudding, Sasha) (Entered: 06/14/2021) |
| 2021-07-07 | 19 | Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14632506. by Nathan Tempey. (Attachments: # 1 Affidavit Affidavit, # 2 Certificate of Good Standing - DC, # 3 Certificate of Good Standing - NY) (Volner, Ian) (Entered: 07/07/2021) |
| 2021-07-08 | | ORDER: The Motion of Ian D. Volner for Leave to Appear Pro Hac Vice 19 is granted. The attorney shall register for ECF, registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Sanket J. Bulsara on 7/8/2021. (Farrell, Gillian) (Entered: 07/08/2021) |
| 2021-08-20 | 20 | STATUS REPORT by United States Department of Homeland Security (Weinberg, Alex) (Entered: 08/20/2021) |
| 2021-11-24 | | ORDER: In a letter dated August 20, 2021 20 , the parties indicated that they would file a status report by October 19, 2021. No status report has been filed. The parties are directed to file a joint status report by 12/8/2021 apprising the Court of the status of the action. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/24/2021. (Morrow, Emily) (Entered: 11/24/2021) |
| 2021-12-06 | 21 | NOTICE of Appearance by Melanie Mary Speight on behalf of United States Department of Homeland Security (aty to be noticed) (Speight, Melanie) (Entered: 12/06/2021) |
| 2021-12-07 | 22 | MOTION to Withdraw as Attorney of Record Timothy M. Carter by Nathan Tempey. (Attachments: # 1 Affirmation of Timothy M. Carter, # 2 Proposed Order) (Carter, Timothy) (Entered: 12/07/2021) |
| 2021-12-07 | 23 | MOTION to Withdraw as Attorney for Defendant by United States Department of Homeland Security. (Weinberg, Alex) (Entered: 12/07/2021) |
| 2021-12-07 | 24 | STATUS REPORT Joint Status Report Respectfully Submitted on Behalf of the Parties by United States Department of Homeland Security (Speight, Melanie) (Entered: 12/07/2021) |
| 2021-12-08 | | ORDER: The Motion to Withdraw 22 is hereby granted. Attorney Timothy M. Carter is removed from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/8/2021. (Morrow, Emily) (Entered: 12/08/2021) |
| 2021-12-08 | | ORDER: The Motion to Withdraw 23 is hereby granted. Attorney Alex Weinberg is removed from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/8/2021. (Morrow, Emily) (Entered: 12/08/2021) |
| 2021-12-08 | | ORDER: In light of the parties' letter 24 , the parties are directed to file a joint status report by 12/30/2021 apprising the Court of the status of the action. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/8/2021. (Morrow, Emily) (Entered: 12/08/2021) |
| 2021-12-29 | 25 | Consent MOTION for Extension of Time to File Joint Status Report, from December 31, 2021 to January 6, 2022 by United States Department of Homeland Security. (Speight, Melanie) (Entered: 12/29/2021) |
| 2021-12-30 | | ORDER: The motion for extension of time to file 25 is granted. The parties are directed to file a joint status report by 1/6/2022 apprising the Court of the status of the action. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/30/2021. (Morrow, Emily) (Entered: 12/30/2021) |
| 2022-01-06 | 26 | Letter (Joint Status Update Submitted on Behalf of Both Parties) by United States Department of Homeland Security (Speight, Melanie) (Entered: 01/06/2022) |
| 2022-01-07 | | ORDER: In light of the parties' letter 26 , the parties are directed to file another joint status report by 4/6/2022 apprising the Court of the status of the action. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/7/2022. (Morrow, Emily) (Entered: 01/07/2022) |
| 2022-04-06 | 27 | STATUS REPORT Submitted on Behalf of All Parties by United States Department of Homeland Security (Speight, Melanie) (Entered: 04/06/2022) |
| 2022-04-07 | | ORDER: In light of the parties' letter 27 , the parties are directed to file another joint status report by 7/6/2022 apprising the Court of the status of the action. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/7/2022. (Morrow, Emily) (Entered: 04/07/2022) |
| 2022-07-06 | 28 | Letter Joint Status Update by United States Department of Homeland Security (Speight, Melanie) (Entered: 07/06/2022) |
| 2022-07-13 | 29 | Letter (Supplemental Status Letter) by United States Department of Homeland Security (Speight, Melanie) (Entered: 07/13/2022) |
| 2022-07-18 | 30 | MOTION for pre motion conference to address Defendant's Anticipated Motion for Summary Judgment by United States Department of Homeland Security. (Speight, Melanie) (Entered: 07/18/2022) |
| 2022-07-22 | | ORDER denying 30 Motion for Pre Motion Conference. Upon review of the submission at 30 , the Court concludes that a premotion conference is unnecessary. Defendant may proceed with its motion for summary judgment. Further, the consent proposed briefing schedule at 30 is adopted. Defendant's motion is due August 19, 2022; plaintiff's opposition and cross-motion for summary judgment are due September 23, 2022; defendant's reply and opposition are due October 7, 2022; and plaintiff's reply is due October 21, 2022. The fully-briefed motions shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule") by October 21, 2022. Ordered by Judge Eric N. Vitaliano on 7/22/2022. (Fumelli, Alexander) (Entered: 07/22/2022) |
| 2022-08-17 | 31 | Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment, and to Correspondingly Extend the Briefing Schedule by United States Department of Homeland Security. (Speight, Melanie) (Entered: 08/17/2022) |
| 2022-08-23 | | ORDER granting 31 Motion for Extension of Time to File. Defendant's motion by August 31, 2022; Plaintiff's opposition and cross-motion for summary judgment by October 5, 2022; Defendant's reply and opposition by October 19, 2022; Plaintiff's reply by November 2, 2022. Ordered by Judge Eric N. Vitaliano on 8/23/2022. (Fumelli, Alexander) (Entered: 08/23/2022) |
| 2022-08-31 | 32 | Consent MOTION for Extension of Time to File by United States Department of Homeland Security. (Speight, Melanie) (Entered: 08/31/2022) |
| 2022-09-09 | | ORDER granting 32 Motion for Extension of Time to File. Defendant's motion shall be served by 9/6/2022. Plaintiff's opposition papers and cross-motion shall be served by 10/11/2022. Defendant's reply and opposition shall be served by 10/19/2022. Plaintiff's reply shall be served by 11/2/2022, at which point the fully briefed motions shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule"). Ordered by Judge Eric N. Vitaliano on 9/9/2022. (Woods, Scott) (Entered: 09/09/2022) |
| 2022-10-06 | 33 | Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by Nathan Tempey. (Lackman, Eleanor) (Entered: 10/06/2022) |
| 2022-10-06 | 34 | MEMORANDUM in Support re 33 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Nathan Tempey. (Lackman, Eleanor) (Entered: 10/06/2022) |
| 2022-10-06 | 35 | RULE 56.1 STATEMENT filed by Nathan Tempey. (Lackman, Eleanor) (Entered: 10/06/2022) |
| 2022-10-06 | 36 | AFFIDAVIT/DECLARATION in Support re 33 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Nathan Tempey. (Attachments: # 1 Exhibit 1) (Lackman, Eleanor) (Entered: 10/06/2022) |
| 2022-10-06 | 37 | AFFIDAVIT/DECLARATION in Support re 33 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Nathan Tempey. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Lackman, Eleanor) (Entered: 10/06/2022) |
| 2022-10-07 | | ORDER terminating 33 Cross Motion for Summary Judgment. Pursuant to the Court's Individual Rule III.D (the "Bundling Rule"), "no motion paper shall be filed until the motion has been fully briefed." Since briefing for the parties' cross-motions for summary judgment is not yet complete, plaintiff's submissions at 33 , 34 , 35 , 36 , and 37 fail to comply with the Bundling Rule. Accordingly, the motion at 33 is terminated, and the parties are directed to review the Court's Individual Rules. Plaintiff shall refile his motion papers in accordance with the Bundling Rule and the Court's 9/9/2022 order. Ordered by Judge Eric N. Vitaliano on 10/7/2022. (SW) (Entered: 10/07/2022) |
| 2022-11-02 | 38 | MOTION for Summary Judgment (Notice of Motion of Defendant's Motion for Summary Judgment) by United States Department of Homeland Security. (Speight, Melanie) (Entered: 11/02/2022) |
| 2022-11-02 | 39 | RULE 56.1 STATEMENT re 38 MOTION for Summary Judgment (Notice of Motion of Defendant's Motion for Summary Judgment) (Defendant's 56.1 Statement) filed by United States Department of Homeland Security. (Speight, Melanie) (Entered: 11/02/2022) |
| 2022-11-02 | 40 | AFFIDAVIT/DECLARATION in Support re 38 MOTION for Summary Judgment (Notice of Motion of Defendant's Motion for Summary Judgment) Declaration of Catrina Pavlik-Keenan in Support of Defendant's Motion filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit Exhibits A and B) (Speight, Melanie) (Entered: 11/02/2022) |
| 2022-11-02 | 41 | MEMORANDUM in Support re 38 MOTION for Summary Judgment (Notice of Motion of Defendant's Motion for Summary Judgment) filed by United States Department of Homeland Security. (Speight, Melanie) (Entered: 11/02/2022) |
| 2022-11-02 | 42 | MOTION for Summary Judgment (Notice of Plaintiff's Cross Motion for Summary Judgment) by United States Department of Homeland Security. (Speight, Melanie) (Entered: 11/02/2022) |
| 2022-11-02 | 43 | RULE 56.1 STATEMENT re 42 MOTION for Summary Judgment (Notice of Plaintiff's Cross Motion for Summary Judgment) (Plaintiff's 56.1 Statement) filed by United States Department of Homeland Security. (Speight, Melanie) (Entered: 11/02/2022) |
| 2022-11-02 | 44 | AFFIDAVIT/DECLARATION in Support re 42 MOTION for Summary Judgment (Notice of Plaintiff's Cross Motion for Summary Judgment) Declaration of Nathan Tempey in Support of Plaintiff's Cross-Motion for Summary Judgment filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit 1 to the Declaration of Nathan Tempey) (Speight, Melanie) (Entered: 11/02/2022) |
| 2022-11-02 | 45 | AFFIDAVIT/DECLARATION in Support re 42 MOTION for Summary Judgment (Notice of Plaintiff's Cross Motion for Summary Judgment) Declaration of Eleanor Lackman in Support of Plaintiff's Cross-Motion for Summary Judgment filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit 1 to the Lackman Declaration, # 2 Exhibit 2 to the Lackman Declaration) (Speight, Melanie) (Entered: 11/02/2022) |
| 2022-11-02 | 46 | MEMORANDUM in Support re 42 MOTION for Summary Judgment (Notice of Plaintiff's Cross Motion for Summary Judgment) , MEMORANDUM in Opposition re 38 MOTION for Summary Judgment (Notice of Motion of Defendant's Motion for Summary Judgment) (Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment) filed by United States Department of Homeland Security. (Speight, Melanie) (Entered: 11/02/2022) |
| 2022-11-02 | 47 | REPLY in Support of Defendant's Motion for Summary Judgment and In Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by United States Department of Homeland Security. (Speight, Melanie) (Entered: 11/02/2022) |
| 2022-11-02 | 48 | REPLY in Support re 42 MOTION for Summary Judgment (Notice of Plaintiff's Cross Motion for Summary Judgment) (Plaintiff's Reply Memorandum of Law in Further Support of Summary Judgment) filed by United States Department of Homeland Security. (Speight, Melanie) (Entered: 11/02/2022) |
| 2022-11-02 | 49 | Letter Cover Letter Setting Forth the Documents Filed in Support of the Parties' Fully Briefed Motions for Summary Judgment, Submitted Pursuant to Provision III.D of the Court's Individual Practices and Rules by United States Department of Homeland Security (Speight, Melanie) (Entered: 11/02/2022) |
| 2023-11-07 | 50 | Letter Request Regarding Status by Nathan Tempey (Lackman, Eleanor) (Entered: 11/07/2023) |
| 2023-11-08 | | ORDER: The Court is in receipt of plaintiff's letter 50 , and is aware of the pending motions for summary judgment addressed therein. Ordered by Judge Eric N. Vitaliano on 11/8/2023. (AI) (Entered: 11/08/2023) |
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