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S.D.N.Y.Procedural orderFiled May 13, 2021

Yafai v. Cuccinelli

Judge
Analisa Torres
Docket
1:20-cv-02932
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureImmigration
In one sentence

In Yafai v. Cuccinelli, Judge Torres granted in part and denied in part the government’s scheduling requests.

Who this affects

The United States, the Department of State, the Secretary of State, Robert Molle, and the plaintiffs were affected by the response deadline, conference date, and case-management-plan deadline.

What happened

In Yafai v. Cuccinelli, the government asked for 60 more days to respond to the amended complaint and asked to move the May 18, 2021, initial conference. The plaintiffs agreed to both requests.

The order requires the United States, the Department of State, the Secretary of State, and Robert Molle to answer or otherwise respond by July 27, 2021. It moves the conference to July 29, 2021, at 10:00 a.m., and requires the parties to submit a joint letter and proposed case-management plan by July 22.

Judge Analisa Torres granted in part and denied in part the government’s requests. The order does not separately identify which portion was denied, but it sets the deadlines and conference date described above.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Yafai v. Cuccinelli · No. 1:20-cv-02932
Judge
Analisa Torres
Date
May 13, 2021

Background

The government asked for a 60-day extension of the deadline for the United States, the Department of State, the Secretary of State, and Robert Molle to answer or otherwise respond to the amended complaint. It also asked to adjourn the initial conference scheduled for May 18, 2021, to a date two weeks after July 27, 2021. The plaintiffs’ counsel consented to both requests.

The government said it needed additional time to evaluate the claims, consult with agency counsel, and coordinate responses for multiple defendants. It also stated that the Department of Justice was seeking authority to represent Robert Molle and Joseph Andrews.

Court’s ruling

The court stated: “GRANTED in part, DENIED in part.” It ordered the United States, the Department of State, the Secretary of State, and Robert Molle to answer or otherwise respond to the complaint by July 27, 2021. It adjourned the initial conference from May 18 to July 29, 2021, at 10:00 a.m. The parties also had to submit their joint letter and proposed case-management plan by July 22, 2021.

Judge Analisa Torres did not separately explain which part of the government’s requests was denied. The order was a scheduling ruling and did not decide the underlying claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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