Abdel-Fakhara v. Vermont


22-2543 Abdel-Fakhara v. Vermont UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 17th day of May, two thousand twenty-three. Present: DEBRA ANN LIVINGSTON, Chief Judge, WILLIAM J. NARDINI, MARIA ARAÚJO KAHN, Circuit Judges. _____________________________________ FATIME ABDEL-FAKHARA, INDIVIDUALLY, AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED PERSONS, MAURICIO ESTEBAN GARCIA GIRALDO, INDIVIDUALLY, AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED PERSONS, SYLVANA CARNEIRO HETKA, INDIVIDUALLY, AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED PERSONS, HRH LINUS NTO MBAH, INDIVIDUALLY, AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED PERSONS, PAULINA FUENTES MOAD, INDIVIDUALLY, AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED PERSONS, LINH THI THUY PHAM, INDIVIDUALLY, AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED PERSONS, TONGYI WANG, INDIVIDUALLY, AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED PERSONS, JUSTIN SINGH, INDIVIDUALLY, AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED PERSONS, JARED GRESTONI, INDIVIDUALLY, AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED PERSONS, MAXIM SMOLENTSEV, INDIVIDUALLY, AND ON BEHALF OF A 1 CLASS OF SIMILARLY SITUATED PERSONS, Plaintiffs-Appellants, v. 22-2543 STATE OF VERMONT, (INCLUDING SPECIFICALLY, BUT NOT LIMITED TO, THE STATE OF VERMONT AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT, THE STATE OF VERMONT DEPARTMENT OF FINANCIAL REGULATION, THE STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL) OTHER STATE OF VERMONT AGENCY OFCOMMERCE AND COMMUNITY DEVELOPMENT OTHER STATE OF VERMONT DEPARTMENT OF FINANCIAL REGULATION OTHER STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL, DAVID CASSETTY, SUSAN DONEGAN, JOHN KESSLER, EUGENE FULLAM, WILLIAM GRIFFIN, PATRICIA MOULTON, MICHAEL PIECIAK, Defendants-Appellees, JOHN/JANE DOES 1-10, Defendants. _____________________________________ For Plaintiffs-Appellants: RUSSELL D. BARR (Chandler Matson on the brief), Barr Law Group, Stowe, VT, and Lawrence D. Rosenberg, Jones Day, Washington, DC. For Defendants-Appellees: KATE GALLAGHER, Assistant Attorney General (David R. Groff, Assistant Attorney General, on the brief), on behalf of Charity R. Clark, Attorney General, State of Vermont, Montpelier, VT. 2 Appeal from September 6, 2022, order of the United States District Court for the District of Vermont (Crawford, J.), dismissing the complaint. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellants Fatime Abdel-Fakhara et al. (“Appellants”) appeal from a September 6, 2022, order of the United States District Court for the District of Vermont. …

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