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07-971 - CUSUMANO v. GONZALEZ et al


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07-971 - CUSUMANO v. GONZALEZ et al
December 13, 2007
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MEMORANDUM AND ORDER THAT UPON CONSIDERATION OF DEFENDANTS MOTION TO DISMISS, AND PLAINTIFFS OPPOSITION THERETO, AND FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM, IT IS HEREBY ORDERED THAT THE MOTION IS DENIED.SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/13/07. 12/14/07 ENTERED AND COPIES E-MAILED AND FAXED.(rf, )
December 21, 2007
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MEMORANDUM ORDER THAT THE COURT WILL HOLD A PRETRIAL CONFERENCE ON ALL THREE CASES ON 1/8/2008 AT 4:00 P.M. IN COURTROOM 3A. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/21/07. 12/24/07 ENTERED AND COPIES E-MAILED: COPIES MAILED BY CHAMBERS.(kw, )
January 14, 2008
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MEMORANDUM AND ORDER THAT BY 01/15/08 PARTIES IN MOCANU, CUSUMANO, BARIKBIN AND ELISSANINT SHALL FILE CROSS MOTIONS FOR SUMMARY JUDGMENT. PARTIES IN ZHANG AND NEWTOWN SHALL FILE CROSS MOTIONS FOR SUMMARY JUDGMENT BEFORE 10:00 AM ON 01/22/08; THE COURT WILL HOLD A HEARING ON THESE CROSS MOTIONS FOR SUMMARY JUDGMENT ON 01/22/08 AT 10:00 AM IN CTRM. 3A; UNTIL HEARING ON 1/22/08, PURSUANT TO RULE 65 OF THE FEDERAL RULES OF CIVIL PROCEDURE AND IN THE INTEREST OF JUSTICE, DEFTS INCLUDING BUT NOT LIMITED TO EMILIO GONZALEZ, DONALD MONICA AND EVELYN UPCHURCH ARE HEREBY TEMPORARILY ENJOINED IN THEIR OFFICAL CAPACITY FROM GRANTING, DENYING OR OTHERWISE SETTLING THE APPLICATIONS IN THE ABOVE-CAPTIONED CASES. DEFTS MAY NOT TAKE ANY ACTION THAT WOULD MAKE THESE CASES MOOT OR NON-JUSTICIABLE UNTIL HEARING HAS BEEN HELD.SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 01/11/08. 01/15/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(rf, )
January 25, 2008
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MEMORANDUM AND ORDER THAT BRIEFS ARE DUE 02/1/08 ON THE ABOVE STATED LEGAL ISSUES AND ALSO ON THE LACK OF AVAILABILITY OF INFORMATION ON THE USCIS WEBSITE. PLAINTIFFS COUNSEL SHOULD COOPERATE AND TRY TO FILE A SINGLE BRIEF; THE PRELIMINARY INJUNCTION ENJOINING THE DEFENDANTS FROM RESOLVING ANY OF THESE CASES IS VACATED AS TO PLAINTIFF JEAN ELISSAINT, C.A. 07-4747 BUT CONTINUED AS TO ALL OTHER PLAINTIFFS 02/08/08 OR FURTHER ORDER; THE COURT IS AVAILABLE IF THE PARTIES WISH TO EXPLORE SETTLEMENT OF THESE ISSUES CONCERNING THESE CASES OR ON A WIDER BASIS.SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 01/25/08. 01/28/08 ENTERED AND COPIES MAILED, E-MAILED FAXED(rf, )
February 8, 2008
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MEMORANDUM AND ORDER THAT PARAGRAPHS 7, 8 AND 10 OF THE COURT'S ORDER DATED 2/8/08 SHALL BE REVISED AS OUTLINED IN THIS ORDER. THE PARTIES SHALL FILE REPORTS NO LATER THAN 3/31/08 AS TO THEIR POSITION. THE COURT WILL SCHEDULE A HEARING AS MAY BE NECESSAYOR APPROPIRATE. THE GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT (DOC #12) AND PLFF'S MOTION FOR SUMMARY JUDGMENT (DOC #15) ARE GRANTED IN PART AND DENIED IN PART. THE GOVERNMENT'S MOTIONS TO DISMISS IN ZHANG (DOC # 6,8 ARE DENIED. THE DEFTS EMERGENCY MOTION FOR STAY PENDING APPEAL IS DENIED WITHOUT PREJUDICE. THE COURT WILL HOLD A HEARING ON 3/18/08 AT 10:00AM IN COURTROOM 3A AT WHICH TIME THE COURT WILL CONSIDER ARGUMENTS AND ANY EVIDENCE A PARTY WISHES TO OFFER ON THESE REMEDIES, AND ANY OTHER REMEDIES THAT MAY BE APPROPRIATE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/8/2008. 3/10/2008 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )