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07-2859 - NEWTON v. MONICA et al


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07-2859 - NEWTON v. MONICA et al
January 14, 2008
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MEMORANDUM AND ORDER THAT PARTIES IN MOCANU, CUSUMANO, BARIKBIN AND ELISSAINT SHALL FILE CROSS-MOTIONS FOR SUMMARY JUDGMENT. PARTIES IN ZHANG AND NEWTON SHALL FILE CROSS-MOTIONS FOR SUMMARY JUDGMENT BEFORE 10 A.M. ON 1/22/2008. THE COURT WILL HOLD A HEARING ON THESE CROSS-MOTIONS FOR SUMMARY JUDGMENT ON 1/22/2008 AT 10:00 A.M. IN COURTROOM 3A. UNTIL THE HEARING ON 1/22/2008, DEFENDANTS INCLUDING, BUT NOT LIMITED TO EMILIO GONZALEZ, DONALD MONICA, EVELYN UPCHURCH AND OFFICERS AND EMPLOYEES OF THE AFORMENTIOED AGENCIES ARE HEREBY ENJOINED IN THEIR OFFICIAL CAPACITY FROM GRANTING, DENYING OR OTHERWISE SETTLING THE APPLICATIONS IN THE ABOVE-CAPTIONED CASES.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/11/2008. 1/15/2008 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(ap, ) Modified on 1/16/2008 (ap, ).
January 25, 2008
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MEMORANDUM AND ORDER THAT BRIEFS ARE DUE BY 02/01/08 ON THE STATED LEGAL ISSUES AND ALSO ON THE LACK OF AVAILABILITY OF INFORMATION ON THE USCIS WEBSITE. THE PRELIMINARY INJUNCTION ENJOINING DEFENDANTS FROM RESOLVING ANY OF THESE CASES IS VACATED AS TO PLAINTIFF, JEAN ELISSAINT, C.A. #07-4747, BUT CONTINUED AS TO ALL OTHER PLAITNIFFS, UNTIL 02/08/08, OR FURTHER ORDER, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/25/08. 01/28/2008 ENTERED AND COPIES MAILED, E-MAILED AND FAXED BY CHAMBERS ON 01/25/2008.(nda)
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 2/8/08. 3/10/08 ENTERED AND COPIES E-MAILED.(ah)
February 28, 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 NECESSARY OR APPROPRIATE. THE DEFENDANTS EMERGENCY MOTION FOR STAY PENDING APPEAL IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE MICHAEL M. BAYLSON. 2/29/08 ENTERED AND COPIES MAILED, EMAILED AND FAXED FROM CHAMBERS. (ah)