ITSERVE ALLIANCE, INC. v. DEPARTMENT OF HOMELAND SECURITY
| District Of Columbia District Court | |
| Judge: | Trevor N Mcfadden |
| Case #: | 1:20-cv-03855 |
| Nature of Suit | 465 Immigration - Other Immigration Actions |
| Cause | 05:702 Administrative Procedure Act |
| Case Filed: | Dec 31, 2020 |
| Terminated: | Feb 18, 2022 |
| Case in other court: | 22-05074 |
| Last checked: Tuesday Jun 29, 2021 4:25 AM EDT |
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Defendant
DEPARTMENT OF HOMELAND SECURITY
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Represented By
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Plaintiff
ITSERVE ALLIANCE, INC.
222 W. Las Colinas Blvd., STE 540
Irving, TX 75039 |
Represented By
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GPO
Feb 17 2022
MEMORANDUM OPINION re: Plaintiff's 16 Motion for Summary Judgment and Defendant's 22 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 2/17/2022. (lctnm3) |
| Docket last updated: 09/15/2024 11:59 PM EDT |
| Wednesday, August 23, 2023 | ||
| 38 | 38
appeal
USCA Mandate
Thu 08/24 10:44 AM
MANDATE of USCA as to35 Notice of Appeal to DC Circuit Court filed by ITSERVE ALLIANCE, INC. ; USCA Case Number 22-5074 (znmw) |
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Att: 1
USCA Judgment 6/27/2023
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| Thursday, January 26, 2023 | ||
| 37 | 37
notice
Notice of Withdrawal of Appearance
Thu 01/26 1:21 PM
NOTICE OF WITHDRAWAL OF APPEARANCE as to ITSERVE ALLIANCE, INC.. Attorney Geoffrey Forney terminated. (Forney, Geoffrey) |
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| Friday, March 25, 2022 | ||
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appeal
USCA Case Number
Fri 03/25 4:12 PM
USCA Case Number 22-5074 for35 Notice of Appeal to DC Circuit Court filed by ITSERVE ALLIANCE, INC.. (zeg) |
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| Monday, March 21, 2022 | ||
| 36 | 36
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Mon 03/21 3:51 PM
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re35 Notice of Appeal to DC Circuit Court. (zeg) |
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| Thursday, March 17, 2022 | ||
| 35 | 35
appeal
Notice of Appeal to DC Circuit
Thu 03/17 11:03 PM
NOTICE OF APPEAL TO DC CIRCUIT COURT as to33 Memorandum & Opinion,34 Order,, by ITSERVE ALLIANCE, INC.. Filing fee $ 505, receipt number ADCDC-9111738. Fee Status: Fee Paid. Parties have been notified. (Forney, Geoffrey) |
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| Thursday, February 17, 2022 | ||
| 34 | 34
order
.Order
Thu 02/17 6:06 PM
ORDER. For the reasons stated in the31 Memorandum Opinion, Plaintiff's16 Motion for Summary Judgment is DENIED and Defendant's22 Cross-Motion for Summary Judgment is GRANTED IN PART insofar as it seeks summary judgment and DENIED IN PART insofar as it argues Plaintiff does not have standing. The Clerk of Court shall close the case. See attached Order. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/17/2022. (lctnm3) |
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| 33 | 33
31
pgs
order
Memorandum & Opinion
Thu 02/17 6:02 PM
MEMORANDUM OPINION re: Plaintiff's16 Motion for Summary Judgment and Defendant's22 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 2/17/2022. (lctnm3) |
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| Thursday, February 03, 2022 | ||
| 32 | 32
respm
Reply to (non-motion) Document
Thu 02/03 7:07 PM
REPLY re29 Order, Plaintiff's Reply to Defendant's Response 31 to Plaintiff's Response 30 to Order to Show Cause 29 filed by ITSERVE ALLIANCE, INC.. (Forney, Geoffrey) |
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| Thursday, January 27, 2022 | ||
| 31 | 31
respm
Response to (non-motion) Document
Thu 01/27 5:43 PM
RESPONSE re30 Memorandum re Order to Show Cause filed by DEPARTMENT OF HOMELAND SECURITY. (Press, Joshua) |
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| Thursday, January 13, 2022 | ||
| 30 | 30
misc
Memorandum
Thu 01/13 2:43 PM
MEMORANDUM re29 Order, by ITSERVE ALLIANCE, INC.. (Forney, Geoffrey) |
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| Thursday, December 30, 2021 | ||
| 29 | 29
order
.Order
Thu 12/30 11:33 AM
ORDER directing ITServe Alliance to SHOW CAUSE by January 13, 2022, why its Complaint should not be dismissed for lack of standing. ITServe's brief should be five pages or less. The Government may respond, with eight pages or less, by January 27, 2022. Should ITServe choose to respond, it may do so, in three pages or less, by February 3, 2022. See attached Order for details. Signed by Judge Trevor N. McFadden on 12/30/2021. (lctnm3) |
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utility
Set/Reset Deadlines
Thu 12/30 11:39 AM
Set/Reset Deadlines: Response to Show Cause due by 1/13/2022; government's reply, if any, due by 1/27/2022; ITServe reply, if any, due by 2/3/2022. (ztg) |
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| Monday, October 25, 2021 | ||
| 28 | 28
misc
Joint Appendix
Mon 10/25 4:20 PM
JOINT APPENDIX by ITSERVE ALLIANCE, INC.. (Forney, Geoffrey) |
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| Wednesday, October 13, 2021 | ||
| 27 | 27
respm
Reply to opposition to motion
Wed 10/13 10:57 PM
REPLY to opposition to motion re22 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Press, Joshua) |
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| Wednesday, September 29, 2021 | ||
| 25 | 25
respm
Memorandum in opposition to motion
Wed 09/29 8:36 PM
Memorandum in opposition to re22 Cross MOTION for Summary Judgment - Plaintiff's Combined Response in Opposition to Defendant's Motion for Summary Judgment and Reply in Support of Plaintiff's Motion for Summary Judgment filed by ITSERVE ALLIANCE, INC..(Forney, Geoffrey) |
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Att: 1
Exhibit I [Declaration of Gopi Kandukuri]
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respm
Reply to opposition to motion
Fri 10/01 9:21 AM
REPLY to opposition to motion re16 MOTION for Summary Judgment Seeking to Have the Court Set Aside or Vacate Defendant's Decision and Rule in Matter of Simeio Solutions, 26 I. & N. Dec. 542 (Admin. Appeals. Off. 2015) filed by ITSERVE ALLIANCE, INC. (See Docket Entry25 to view document). (eg) |
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| Wednesday, September 22, 2021 | ||
| 24 | 24
misc
Amicus Brief
Wed 09/29 8:22 PM
AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (eg) |
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| 23 | 23
motion
Leave to File Document
Wed 09/22 11:22 AM
MOTION for Leave to File Brief Amicus Curiae by IMMIGRATION REFORM LAW INSTITUTE.(Miano, John) |
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Att: 1
Appendix Proposed Amicus Brief,
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Att: 2
Appendix LCA Form,
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Att: 3
Text of Proposed Order,
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Att: 4
Certificate of Service
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order
Order on Motion for Leave to File
Wed 09/22 3:05 PM
MINUTE ORDER granting23 Motion for Leave to File Amicus Brief. The Clerk of Court shall file ECF No. 23-1 as an amicus brief. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/22/21. (lctnm2) |
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| Wednesday, September 15, 2021 | ||
| 22 | 22
motion
Summary Judgment
Wed 09/15 11:54 PM
Cross MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Text of Proposed Order
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| 21 | 21
respm
Response to motion
Wed 09/15 11:51 PM
RESPONSE re16 MOTION for Summary Judgment Seeking to Have the Court Set Aside or Vacate Defendant's Decision and Rule in Matter of Simeio Solutions, 26 I. & N. Dec. 542 (Admin. Appeals. Off. 2015) filed by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Text of Proposed Order
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| Monday, September 13, 2021 | ||
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utility
Set/Reset Deadlines
Mon 09/13 8:08 AM
Set/Reset Deadlines: Defendant's combined Opposition and Cross-Motion due by 9/15/2021. Plaintiff's Reply and Opposition due by 9/29/2021. Defendant's Reply due by 10/13/2021. (hmc) |
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| Sunday, September 12, 2021 | ||
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order
.Order
Sun 09/12 1:57 PM
MINUTE ORDER granting Defendant's20 Motion for Extension of Time to File a Response to Plaintiff's16 Motion for Summary Judgment. The revised briefing schedule shall be as follows: Defendant's combined Opposition and Cross-Motion for Summary Judgment shall be filed on or before September 15, 2021; Plaintiff's Reply and Opposition to Defendants Motion shall be filed on or before September 29, 2021; and Defendant's reply shall be filed on or before October 13, 2021. The Parties are directed to Paragraph 9(A) of the Courts4 Standing Order requiring that motions for extensions of time be filed at least four business days prior to the first affected deadline. Future requests for extensions of time that do not comply with the request may be denied. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/11/21. (lctnm2) |
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| Saturday, September 11, 2021 | ||
| 20 | 20
motion
Extension of Time to File Response/Reply
Sat 09/11 7:25 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to16 MOTION for Summary Judgment Seeking to Have the Court Set Aside or Vacate Defendant's Decision and Rule in Matter of Simeio Solutions, 26 I. & N. Dec. 542 (Admin. Appeals. Off. 2015) by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) |
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Att: 1
Text of Proposed Order
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| Tuesday, August 31, 2021 | ||
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utility
Set/Reset Deadlines
Tue 08/31 1:04 PM
Set/Reset Deadlines: Defendant's Opposition and Cross-Motion due by 9/13/2021. Plaintiff's Reply and Opposition due by 9/27/2021. Defendant's Reply due by 10/11/2021. (hmc) |
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| Monday, August 30, 2021 | ||
| 19 | 19
motion
Extension of Time to File Response/Reply
Mon 08/30 12:02 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to16 MOTION for Summary Judgment Seeking to Have the Court Set Aside or Vacate Defendant's Decision and Rule in Matter of Simeio Solutions, 26 I. & N. Dec. 542 (Admin. Appeals. Off. 2015) by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) |
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Att: 1
Text of Proposed Order
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order
.Order
Mon 08/30 12:34 PM
MINUTE ORDER granting Defendant's19 Motion for Extension of Time to File a Response to Plaintiff's16 Motion for Summary Judgment. The revised briefing schedule shall be as follows: Defendant's combined Opposition and Cross-Motion for Summary Judgment shall be filed on or before September 13, 2021; Plaintiff's reply and Opposition to Defendant's Motion shall be filed on or before September 27, 2021; and Defendant's reply shall be filed on or before October 11, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/30/2021. (lctnm2) |
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| Wednesday, August 18, 2021 | ||
| 18 | 18
notice
Notice of Appearance
Wed 08/18 12:09 PM
NOTICE of Appearance by John Michael Miano on behalf of IMMIGRATION REFORM LAW INSTITUTE (Miano, John) (Main Document 18 replaced on 8/18/2021) (ztd) |
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| Monday, August 09, 2021 | ||
| 17 | 17
misc
Errata
Mon 08/09 7:24 PM
ERRATA - Amended Memorandum of Points and Authorities in Support of Plaintiff's Motion for Summary Judgment [ECF No. 16] - Correcting Text on Pages 8, 17, and 37 in Plaintiff's original Memorandum [ECF No. 16-1] by ITSERVE ALLIANCE, INC.. (Forney, Geoffrey) |
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| Friday, August 06, 2021 | ||
| 16 | 16
motion
Summary Judgment
Fri 08/06 4:17 PM
MOTION for Summary Judgment Seeking to Have the Court Set Aside or Vacate Defendant's Decision and Rule in Matter of Simeio Solutions, 26 I. & N. Dec. 542 (Admin. Appeals. Off. 2015) by ITSERVE ALLIANCE, INC..(Forney, Geoffrey) |
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Att: 1
Memorandum in Support,
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Att: 2
Index of Administrative Record,
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Att: 3
Exhibit A [ACUS-Stanford Adjudication Research],
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Att: 4
Exhibit B [Delegation Order No. 0150.1],
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Att: 5
Exhibit C [AAO Decision Discussing Delegation Order],
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Att: 6
Exhibit D [Delegation Order No. 15002],
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Att: 7
Exhibit E [List of Delegation Orders],
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Att: 8
Exhibit F [Letter from Director, Business and Trade Branch],
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Att: 9
Exhibit G [AAO Decisions Discussing Mootness],
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Att: 10
Exhibit H [OMB Bulletin No. 13-01],
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Att: 11
Text of Proposed Order
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| 15 | 15
notice
Notice of Appearance
Fri 08/06 1:31 PM
NOTICE of Appearance by Geoffrey Forney on behalf of ITSERVE ALLIANCE, INC. (Forney, Geoffrey) |
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| 14 | 14
notice
LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests
Fri 08/06 1:25 PM
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests [Disclosure of Subsidiary - ITServe Alliance CSR] by ITSERVE ALLIANCE, INC. (Forney, Geoffrey) |
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| Thursday, August 05, 2021 | ||
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utility
Set/Reset Deadlines
Thu 08/05 9:18 AM
Set/Reset Deadlines: Plaintiff's Motion for Summary Judgment due by 8/6/2021. Defendant's Opposition and Cross-Motion due by 9/3/2021. Plaintiff's Reply and Opposition due by 9/17/2021. Defendant's Reply due by 10/1/2021. (hmc) |
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| Wednesday, August 04, 2021 | ||
| 13 | 13
order
.Order
Wed 08/04 6:47 PM
SCHEDULING ORDER. See Order for details. Signed by Judge Trevor N. McFadden on 8/4/2021. (lctnm1) |
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| 12 | 12
misc
Status Report
Wed 08/04 11:31 AM
Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Press, Joshua) |
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| Monday, May 03, 2021 | ||
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order
Order Referring Case to Mediation (Circuit Executive's Office)
Mon 05/03 10:43 AM
MINUTE ORDER referring case to the Office of the Chief Circuit Mediator for mediation. The parties shall file a Joint Status Report on or before August 3, 2021, that addresses: (a) the status of the mediation; (b) whether the parties believe they would benefit from additional time for mediation discussions; and, (c) a proposed discovery schedule, if appropriate. If the parties reach a settlement before August 3, 2021, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/3/2021. (lctnm2) |
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minutes
Status Conference ~Util - Set/Reset Deadlines
Mon 05/03 11:11 AM
Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 5/3/2021. Case was referred to the Circuit Mediator. Joint Status Report due by 8/3/2021. (Court Reporter: Crystal Pilgrim.) (hmc) |
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| Wednesday, April 14, 2021 | ||
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utility
Set/Reset Hearings
Wed 04/14 11:04 AM
Set/Reset Hearings: Telephonic Status Conference set for 5/3/2021 at 10:00 AM before Judge Trevor N. McFadden. (hmc) |
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| Tuesday, April 13, 2021 | ||
| 11 | 11
misc
Status Report
Tue 04/13 12:40 PM
Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Press, Joshua) |
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order
.Order
Tue 04/13 5:16 PM
MINUTE ORDER. Upon consideration of the parties'11 Joint Status Report, the parties shall appear for a telephonic status conference on May 3, 2021 at 10 a.m. before Judge McFadden. Dial-in details will be emailed to the parties. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/13/2021. (lctnm2) |
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| Tuesday, March 23, 2021 | ||
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order
.Order
Tue 03/23 4:36 PM
MINUTE ORDER. Before the Court are a complaint and an answer in this Administrative Procedure Act action. The requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3 appear to be inapplicable. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report on or before April 13, 2021, containing: a proposed briefing schedule for dispositive motions, including dates for the filing of the administrative record and appendix containing excerpts of the administrative record, see Local Civil Rule 7(n); any settlement efforts made by the parties; and whether the parties believe alternative dispute resolution may be helpful in settling this action. When proposing deadlines, the parties shall avoid proposing a schedule that contains submission of simultaneous dispositive cross-motions. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/23/2021. (lctnm2) |
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utility
Set/Reset Deadlines
Tue 03/23 4:54 PM
Set/Reset Deadlines: Joint Status Report due by 4/13/2021. (hmc) |
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| Monday, March 22, 2021 | ||
| 10 | 10
answer
Answer to Complaint
Mon 03/22 5:48 PM
ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) |
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| Monday, March 08, 2021 | ||
| 9 | 9
motion
Extension of Time to File Answer
Mon 03/08 2:00 PM
Unopposed MOTION for Extension of Time to File Answer re1 Complaint, by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) |
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Att: 1
Text of Proposed Order
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order
Order on Motion for Extension of Time to Answer
Mon 03/08 4:23 PM
MINUTE ORDER granting the Defendant's9 Unopposed Motion for Extension of Time. The Defendant shall respond to the Plaintiff's complaint on or before March 22, 2021. The Defendant is directed Paragraph 9(A) of the Court's4 Standing Order, which states that motions for extension of time "must be filed at least four business days prior to the first affected deadline." Future requests that do not comply with this requirement may be denied. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/8/2021. (lctnm2) |
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utility
Set/Reset Deadlines
Mon 03/08 4:39 PM
Set/Reset Deadlines: Defendant's response to the complaint due by 3/22/2021. (hmc) |
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| Friday, January 29, 2021 | ||
| 8 | 8
service
Summons Returned Executed as to Federal Defendant
Fri 01/29 2:37 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 1/8/2021(Wasden, Jonathan) |
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Att: 1
Exhibit A-Proof of Service
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| 7 | 7
service
Summons Returned Executed as to U.S. Attorney General
Fri 01/29 2:36 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/11/2021.(Wasden, Jonathan) |
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Att: 1
Exhibit A-Proof of Service
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| 6 | 6
service
Summons Returned Executed as to US Attorney
Fri 01/29 2:35 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/6/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/7/2021.(Wasden, Jonathan) |
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Att: 1
Exhibit A-Proof of Service
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| Friday, January 15, 2021 | ||
| 5 | 5
notice
Notice of Appearance
Fri 01/15 5:13 PM
NOTICE of Appearance by Joshua Samuel Press on behalf of All Defendants (Press, Joshua) |
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| Tuesday, January 05, 2021 | ||
| 4 | 4
order
Standing Order
Tue 01/05 9:49 AM
STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 1/5/2021. (lctnm2) |
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| 3 | 3
service
Electronic Summons Issued as to AUSA,USAG
Tue 01/05 9:42 AM
SUMMONS (3) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
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utility
Case Assigned/Reassigned
Tue 01/05 9:36 AM
Case Assigned to Judge Trevor N. McFadden. (adh, ) |
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| Monday, January 04, 2021 | ||
| 2 | 2
misc
Errata
Mon 01/04 2:54 PM
ERRATA Corrected Civil Cover Sheet by ITSERVE ALLIANCE, INC. re1 Complaint, filed by ITSERVE ALLIANCE, INC.. (Wasden, Jonathan) |
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notice
Notice of QC- New Case
Mon 01/04 9:46 AM
NOTICE OF ERROR re1 Complaint; emailed to jdwasden@wasdenbanias.com, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (adh, ) |
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| Thursday, December 31, 2020 | ||
| 1 | 1
cmp
Complaint
Thu 12/31 1:07 PM
COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-8022409) filed by ITSERVE ALLIANCE, INC..(Wasden, Jonathan) |
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Att: 1
Declaration Declaration of ITServe Alliance President,
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Att: 2
Civil Cover Sheet,
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Att: 3
Summons DHS,
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Att: 4
Summons US Attorney General,
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Att: 5
Summons US Attorney for DC
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notice
Notice of QC- New Case
Thu 12/31 1:46 PM
NOTICE OF ERROR re1 Complaint; emailed to jdwasden@wasdenbanias.com, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer. (adh, ) |
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