Maza Malave et al v. Rubio et al

New York Southern District Court
Judge:Analisa Torres
Case #: 1:25-cv-01384
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause05:706(a) Writ of Mandamus
Case Filed:Feb 18, 2025
Last checked: Tuesday Feb 18, 2025 2:04 PM EST
Defendant
Pamela Bondi
Defendant
Kristi Noem
Defendant
Marco Rubio
Defendant
Acting Director Kika Scott
Defendant
Tracy Tarango
Defendant
Jennifer Weronski
Plaintiff
Julia Ashley Maza Diegel
Plaintiff
Dr. Guillermo Maza Malave


Docket last updated: 3 hours ago
Friday, February 21, 2025
28 28 order Order on Motion to Appear Pro Hac Vice Fri 02/21 9:33 AM
ORDER granting11 Motion for Aaron R. Pentheny to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ld)
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Thursday, February 20, 2025
27 27 1 pgs order Order Thu 02/20 1:01 PM
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 2/20/2025) (tg)
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26 26 order Scheduling Order Thu 02/20 12:54 PM
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by June 20, 2025, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. As further set forth by this Order. SO ORDERED. (Signed by Judge Analisa Torres on 2/20/2025) (tg)
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25 25 4 pgs order Order Thu 02/20 12:53 PM
ORDER: 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 discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by June 20, 2025, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, on the docket. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by June 20, 2025, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 2/20/2025) (tg)
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24 24 service Summons Issued Thu 02/20 9:12 AM
ELECTRONIC SUMMONS ISSUED as to Tracy Tarango..(jgo)
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23 23 service Summons Issued Thu 02/20 9:11 AM
ELECTRONIC SUMMONS ISSUED as to Pamela J. Bondi..(jgo)
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22 22 service Summons Issued Thu 02/20 9:10 AM
ELECTRONIC SUMMONS ISSUED as to Marco A. Rubio..(jgo)
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21 21 service Summons Issued Thu 02/20 9:10 AM
ELECTRONIC SUMMONS ISSUED as to Kristi Noem..(jgo)
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20 20 service Summons Issued Thu 02/20 9:09 AM
ELECTRONIC SUMMONS ISSUED as to Kika Scott..(jgo)
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19 19 service Summons Issued Thu 02/20 9:09 AM
ELECTRONIC SUMMONS ISSUED as to Jennifer L. Weronski..(jgo)
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notice Case Opening Initial Assignment Notice Thu 02/20 9:03 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo)
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utility Case Designation Thu 02/20 9:06 AM
Magistrate Judge Robert W. Lehrburger 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo)
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utility Case Designated ECF Thu 02/20 9:06 AM
Case Designated ECF. (jgo)
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misc Notice to Attorney Regarding Party Modification Thu 02/20 9:08 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Aaron Ross Pentheny. The party information for the following party/parties has been modified: Marco Rubio; Jennifer Weronski; Kristi Noem; Kika Scott; Tracy Tarango; Pamela Bondi. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)
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misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Thu 02/20 9:14 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Aaron Ross Pentheny to RE-FILE Document No. 9 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; party name listed on the ECF docket text and the PDF 'To' field is not a party of record. 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 correct summons form PDF. (jgo)
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Wednesday, February 19, 2025
18 18 service Request for Issuance of Summons Wed 02/19 10:39 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Pamela J. Bondi, re:12 Complaint/Petition in the Nature of Mandamus. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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17 17 service Request for Issuance of Summons Wed 02/19 10:37 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Tracy Tarango, re:12 Complaint/Petition in the Nature of Mandamus. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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16 16 service Request for Issuance of Summons Wed 02/19 10:35 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Kika Scott, re:12 Complaint/Petition in the Nature of Mandamus. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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15 15 service Request for Issuance of Summons Wed 02/19 10:33 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re:12 Complaint/Petition in the Nature of Mandamus. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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14 14 service Request for Issuance of Summons Wed 02/19 10:30 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Jennifer L. Weronski, re:12 Complaint/Petition in the Nature of Mandamus. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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13 13 service Request for Issuance of Summons Wed 02/19 10:29 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Marco A. Rubio, re:12 Complaint/Petition in the Nature of Mandamus. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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12 12 cmp Complaint/Petition in the Nature of Mandamus Wed 02/19 10:23 AM
COMPLAINT IN THE NATURE OF MANDAMUS against Pamela Bondi, Kristi Noem, Marco Rubio, Kika Scott, Tracy Tarango, Jennifer Weronski.Document filed by Julia Ashley Maza Diegel, Guillermo Maza Malave..(Pentheny, Aaron)
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misc Notice Regarding Pro Hac Vice Motion Wed 02/19 8:16 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Aaron R. Pentheny to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30636771. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)
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misc Notice to Attorney Regarding Deficient Pleading Wed 02/19 10:06 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Aaron Ross Pentheny to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re-file the pleading using the event type Complaint/Petition in the Nature of Mandamus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 2/24/2025. (jgo)
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misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Wed 02/19 10:07 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Aaron Ross Pentheny to RE-FILE Document No. 7 Request for Issuance of Summons, 4 Request for Issuance of Summons, 5 Request for Issuance of Summons, 6 Request for Issuance of Summons, 3 Request for Issuance of Summons, 2 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; summons request must be linked to a properly filed pleading. Refile after pleading deficiency has been cured;. 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 correct summons form PDF. (jgo)
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Tuesday, February 18, 2025
11 11 motion Appear Pro Hac Vice Tue 02/18 4:59 PM
MOTION for Aaron R. Pentheny to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30636771. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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Att: 1 Affidavit Affidavit,
Att: 2 Exhibit Certificate of Good Standing,
Att: 3 Proposed Order Proposed Order
10 10 misc Rule 7.1 Corporate Disclosure Statement Tue 02/18 3:35 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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9 9 service Request for Issuance of Summons Tue 02/18 3:33 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Civil Process Clerk, re:1 Complaint. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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8 8 misc Civil Cover Sheet Tue 02/18 3:31 PM
CIVIL COVER SHEET filed..(Pentheny, Aaron)
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7 7 service Request for Issuance of Summons Tue 02/18 3:29 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Pamela J. Bondi, re:1 Complaint. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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6 6 service Request for Issuance of Summons Tue 02/18 3:27 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Tracy Tarango, re:1 Complaint. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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5 5 service Request for Issuance of Summons Tue 02/18 3:25 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Kika Scott, re:1 Complaint. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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4 4 service Request for Issuance of Summons Tue 02/18 3:23 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re:1 Complaint. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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3 3 service Request for Issuance of Summons Tue 02/18 3:21 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Jennifer L. Weronski, re:1 Complaint. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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2 2 service Request for Issuance of Summons Tue 02/18 3:15 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Marco A. Rubio, re:1 Complaint. Document filed by Guillermo Maza Malave, Julia Ashley Maza Diegel..(Pentheny, Aaron)
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1 1 22 pgs cmp Complaint Tue 02/18 2:59 PM
COMPLAINT against Pamela Bondi, Kristi Noem, Marco Rubio, Kika Scott, Tracy Tarango, Jennifer Weronski. (Filing Fee $ 405.00, Receipt Number ANYSDC-30634887)Document filed by Julia Ashley Maza Diegel, Guillermo Maza Malave..(Pentheny, Aaron)
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