Milanes et al v. Chertoff et alMOTION for Reconsideration re; 54 Order on Motion to Dismiss,,. DocumentS.D.N.Y.August 19, 2008 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------X VIRGINIA MILANES, OMAR MIGUEL FARFAN, MANUEL ALBERTO MARTINEZ, ANDRES GIOVANNY SANCHEZ, NANCY CASTRO, and MARGOTH PEREZ DE CHALAMPA, on behalf of themselves and all other similarly situated individuals, 08 CV 2354 Plaintiffs, (ECF CASE) -against- MICHAEL CHERTOFF, in his official capacity as Secretary of the Department of Homeland Security, EMILIO GONZALEZ, in his official capacity as Director of the United States Citizenship and Immigration Services, ANDREA QUARANTILLO, in her official capacity as District Director of the New York City District of the United States Citizenship and Immigration Services, MICHAEL B. MUKASEY, in his official capacity as Attorney General of the United States, and ROBERT S. MUELLER, III, in his official capacity as Director of the Federal Bureau of Investigation, Defendants. ------------------------------------------------------------------X NOTICE OF MOTION PLEASE TAKE NOTICE that upon Plaintiffs’ Memorandum of Law in Support of their Motion for Reconsideration of the Court’s August 7, 2008 judgment dismissing Counts I and II of their Complaint, Plaintiffs, by their attorneys, will move this Court before the Honorable Lawrence M. McKenna, United States District Judge, at Room 1640 of the United States Courthouse for the Southern District of New York, at 500 Pearl Street, New York, New York, on a date to be determined by the Court, for an order: Case 1:08-cv-02354-LMM-KNF Document 56 Filed 08/19/2008 Page 1 of 3 2 Reinstating Counts I and II as to those members of the proposed class and sub-class whose FBI name checks have been completed and for issuance of a preliminary injunction directing USCIS Defendants to adjudicate th applications of those class members in time for those found eligible to be naturalized to register to vote in the November 2008 election. Dated: New York, New York Respectfully Submitted, August 19, 2008 Weil, Gotshal & Manges LLP By: __/s/ Richard W. Slack____________ James W. Quinn Richard W. Slack Malick Ghachem Caroline Zalka 767 Fifth Avenue New York, NY 10153 212-310-8000 Puerto Rican Legal Defense and Education Fund Foster Maer Jose Perez Jackson Chin 99 Hudson Street, 14th Floor New York, NY 10013 212-219-3360 New York Legal Assistance Group Yisroel Schulman Jane Greengold Stevens Jason Parkin 450 West 33rd Street, 11th Fl New York, NY 10001 212-613-5000 Attorneys for Plaintiffs Case 1:08-cv-02354-LMM-KNF Document 56 Filed 08/19/2008 Page 2 of 3 3 To: Michael J. Garcia United States Attorney for the Southern District of New York Attorney for Defendants Case 1:08-cv-02354-LMM-KNF Document 56 Filed 08/19/2008 Page 3 of 3
