I found the "Proof of Service and complaint" form used by the Central District of California, this is the one I mentioned before in post #6212. Actually, I didn't remember fully the formula: "Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, requiring a return receipt) copies to the person served. (Attach signed return receipt or other evidence of actual receipt by the person served)" In my interpretation, the "green slip"+internet printout qualifies for the "other evidence of actual receipt" but I don't make the rules...firebird123 said:
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Every district will be different but here is a tip to save some time for those
who are not familar. In S. Texas, my petition was filed under Miscellaneous instead of a civil case. The difference is $350 vs $40 filing fee. The cases
are treated the same when the judge accept or decline it. Secondly the
court electronic serves all the defendants and there is no need for certificate of service by snail mail---the court serves the defendants electronically. To save time and money which can be very effective ask the court clerk in your district if you can file as miscellaneous and will they accept this as a miscellaneous case and be served electronically. (I worried when they assign it as miscellaneous case but my case is successful and I am satisfied now the out come is the same as full filing and a smarter way to do it.)
I will be signing my stipulation to dismiss my case with the AUSA tomorrow
so CIS will get to send me my oath letter. These are advance tips but really
works.
Good luck.
who are not familar. In S. Texas, my petition was filed under Miscellaneous instead of a civil case. The difference is $350 vs $40 filing fee. The cases
are treated the same when the judge accept or decline it. Secondly the
court electronic serves all the defendants and there is no need for certificate of service by snail mail---the court serves the defendants electronically. To save time and money which can be very effective ask the court clerk in your district if you can file as miscellaneous and will they accept this as a miscellaneous case and be served electronically. (I worried when they assign it as miscellaneous case but my case is successful and I am satisfied now the out come is the same as full filing and a smarter way to do it.)
I will be signing my stipulation to dismiss my case with the AUSA tomorrow
so CIS will get to send me my oath letter. These are advance tips but really
works.
Good luck.
firebird123 said:
paz1960 said:
Actually, I found the answer to the above mentioned dilemma. Here it goes:
"Rule 12(a)(3)(A) of the Federal Rules of Civil Procedure states that the United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity must file a written response to the complaint within sixty days after the United States Attorney is served."
Cannot be more clear... Just need to find the info, sometimes is not so easy.
LAmorocco said:All,
I received an e-mail update on my petition today. It reads "ORDER REFERRING CASE to Magistrate X, Signed by Judge Y". What does it mean? am I supposed to respond?
Thanks
Reading in the same HANDBOOK FOR LITIGANTS WITHOUT A LAWYER
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA I found this:
"I got a magistrate judge – what does that mean?
It is possible that your case will be assigned or referred to a magistrate judge. If the entire case is assigned to a magistrate judge when it is filed, you will be asked whether you consent to have the magistrate judge handle the case. This decision is up to you and the other parties; you may accept a magistrate judge, or decline to accept a magistrate judge. If all parties
consent, that magistrate judge will be the judge for the entire case, including trial, and will have the same powers as a district judge. If any party refuses to consent, the case will be reassigned to a district judge.
It is also possible that a part of the case–such as a motion regarding a discovery dispute–will be referred by a district judge to a magistrate judge (motions and discovery are discussed in later chapters). In that event, the magistrate judge will rule on the referred matter. Unlike the situation when a magistrate judge is assigned for the entire case, however, your consent is not required for the magistrate judge to rule on a referred matter. But the magistrate judge‘s ruling may be appealed to the district judge. See Chapter 16.
A magistrate judge is also assigned in some cases to serve as a settlement judge, one form of alternative dispute resolution, or ADR. As a settlement judge, the magistrate judge has the power to set conference dates and to require the attendance of parties at a settlement conference.
The magistrate judge may also order production of documents or other evidence, and may enter settlements into the record."
When you filed originally your case, did they assign to your case a District judge? If they followed the above quoted procedure and assigned a magistrate judge for the full case, they would have to ask you to sign a consent that you agree with the magistrate judge. If this happened later, seems from this regulation that they don't have to ask the consent of the parties. In my opinion, there should be no problem with a magistrate judge, but I don't know for sure if you have to take any steps or not. Maybe you can reply to the e-mail, stating that you agree, but most likely no action is required.
all judges are not the same
If I could impart any wisdom from what I have learn and from my experience.
Not all judges are the same, know who will be your judge and how your judge may rule in similar cases, will balance the case outcome to your favor.
It a little more than luck.
For example there was a judge name Kenneth Hoyt in Texas, back in April
he rule against a 1447 case and in June he threw out 6 cases in a row with out looking at them. For every cases filed in this forum there are 5 or 10 not report in this forum. Then there was a rumor mill that there was only one judge who was assigned to those cases but that was untrue.
How can I chose my judge? Well each month a judge is assign cases or rotated. And if you search for previous immigration cases on Pacer, you can
tell if they will rule against or for you. Secondly if the judge is famous for high profile cases, (my was 'Enron' Judge) his ruling will get national attention. AUSA will certainly want to work with you and be less likely to challenge your petition b/c he doesn't want to lose and has a quota.
Some judges don't have a record and you may have to take your chances.
But a little search on Pacer will eliminate your chance in rolling the dice.
Who your Judge is, in many cases is one of the major key to expediting or winning your case.
I was a novice when I started this but I learn a lot from this forum in a short time and hope I can make some one ordeal somewhat less taxing.
If I could impart any wisdom from what I have learn and from my experience.
Not all judges are the same, know who will be your judge and how your judge may rule in similar cases, will balance the case outcome to your favor.
It a little more than luck.
For example there was a judge name Kenneth Hoyt in Texas, back in April
he rule against a 1447 case and in June he threw out 6 cases in a row with out looking at them. For every cases filed in this forum there are 5 or 10 not report in this forum. Then there was a rumor mill that there was only one judge who was assigned to those cases but that was untrue.
How can I chose my judge? Well each month a judge is assign cases or rotated. And if you search for previous immigration cases on Pacer, you can
tell if they will rule against or for you. Secondly if the judge is famous for high profile cases, (my was 'Enron' Judge) his ruling will get national attention. AUSA will certainly want to work with you and be less likely to challenge your petition b/c he doesn't want to lose and has a quota.
Some judges don't have a record and you may have to take your chances.
But a little search on Pacer will eliminate your chance in rolling the dice.
Who your Judge is, in many cases is one of the major key to expediting or winning your case.
I was a novice when I started this but I learn a lot from this forum in a short time and hope I can make some one ordeal somewhat less taxing.
paz1960 said:
paz1960,
Thanks very much for your prompt reply. My case was initially assigned to a district judge. The same judge referred my case to a magistrate judge (for pre-trial only). It also mentioned that the case will go back to the district judge if the case goes to trial.
Thanks
What documents should I send back to the court?
What documents should I return to the court? And what should I send to US Atty and US Atty General ? I confused again. Would you please double check following document list for me?
1. To Local US Atty office: one set of summon copy + one copy of the complain
2. To US Atty General office: one set of summon copy + one copy of the complain (same as 1)
3. To the Court: Original set of summons with filled back + US certified mail receipts.
Is that right???
I am waiting for your reply!
Thank you!
What documents should I return to the court? And what should I send to US Atty and US Atty General ? I confused again. Would you please double check following document list for me?
1. To Local US Atty office: one set of summon copy + one copy of the complain
2. To US Atty General office: one set of summon copy + one copy of the complain (same as 1)
3. To the Court: Original set of summons with filled back + US certified mail receipts.
Is that right???
I am waiting for your reply!
Thank you!
Moon_g said:
Hi Moon_g,
Make sure that each summons is addressed to the right person, with full name, function and address.
1. correct. Don't forget to put in the second line of the address 'Civil Process Clerk'
2. correct.
3. correct. It maybe not enough for Proof of Service just the "green slip" (i.e, the certified mail receipt, the piece of paper what you got when you mailed the complaint+summons). Most of the courts require an actual proof of delivery, which is, in the traditional case, the "green card", the return receipt what you filled out with your return address (if you requested a return receipt). You can print out from the USPS web page (Tracking..., using the tracking number from your green slip) the delivery confirmation and use that as proof of service, together with a copy of your green slip. You can even subscribe for an e-mail notification, in this way you will get an automated e-mail, as soon as the mail was delivered to the defendant/etc.But these rules vary from district to district, so please check your local rules.
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DelightFish
Registered Users (C)
Hi Paz1960,
I couldn't agree with you anymore!
You are such a nice person who tells him more than he asked. For example, the "Civil Process Clerk", is a very good reminder. We should all learn from you. Try to help others with all our bests.
Thanks.
I couldn't agree with you anymore!
You are such a nice person who tells him more than he asked. For example, the "Civil Process Clerk", is a very good reminder. We should all learn from you. Try to help others with all our bests.
Thanks.
paz1960 said:
LAmorocco said:
PLAINTIFFS can not choose a judge to their cases. The way judges are assigned to casses depends purly in the loads of casses each judge has in their dockets. Think of it this way, when you file your case, the court clerk will look at all of court judges case loads and assign your case to who has the least amount of casses.
Some tricks lawyers do (if they like a certain judge), is watch closley to any of that jusdge's casses and monetor them. The moment a case is closed from that judge's load is closed, the lawyers file instently. Even with that method, there is no guarantee that the lawyer will get his favorette judge, but he has a better chance. Some lawyers would preffer to wait until the judge is avaliable (on the system) than just file randomly as it is impposible to change judges after the case has been assiged to one. This is like playing a poker game.
Picking judges
You can not literally pick you judge e.g. chose his name to reside on your case b/c judge are assign randomly each month (so they say) however You can increase you odd and target who your judges may be and size them up if they will benefit your type of cases. For example check pacer with judges record on these cases. Each month a new judge will be assign cases and rotated, what you have to do
is search for case early in the month to find out who is being assign at the
current moment. Look for cases that have failed is as important as successful one b/c it give info what the AUSA strategy will be. Doing a little research on judges on pacer will payoff by going back a couple of years will suffice and pay off big. These are little tricks that will greatly improve you odds in getting a good judge and making the AUSA work harder for your case.
From my experience It's more than a crap shoot. These are hidden gems that
you learn from experience how the system trully works.
You can not literally pick you judge e.g. chose his name to reside on your case b/c judge are assign randomly each month (so they say) however You can increase you odd and target who your judges may be and size them up if they will benefit your type of cases. For example check pacer with judges record on these cases. Each month a new judge will be assign cases and rotated, what you have to do
is search for case early in the month to find out who is being assign at the
current moment. Look for cases that have failed is as important as successful one b/c it give info what the AUSA strategy will be. Doing a little research on judges on pacer will payoff by going back a couple of years will suffice and pay off big. These are little tricks that will greatly improve you odds in getting a good judge and making the AUSA work harder for your case.
From my experience It's more than a crap shoot. These are hidden gems that
you learn from experience how the system trully works.
LAmorocco said:
Update for my case
Just a little update for my case. I filed 1447b 8/24 and summons are served on 8/28 and answer is due today. I checked the pacer and saw the AUSA filed an answer to the compliant. I read the answer and did not see any conclusion. It just stated that an answer is necessary, but did not state what answer is. ASUA did not ask for an extension. I don't know what is going to happen next. My attorney told me that AUSA did ask FBI to expedite my name check, but the result did not come in yet. My attorney ask me to contact him in 2 weeks. Did anyone has similar experience? I am just a little lost and don't know what to do next. Any advise will help. Thanks,
Jack
Just a little update for my case. I filed 1447b 8/24 and summons are served on 8/28 and answer is due today. I checked the pacer and saw the AUSA filed an answer to the compliant. I read the answer and did not see any conclusion. It just stated that an answer is necessary, but did not state what answer is. ASUA did not ask for an extension. I don't know what is going to happen next. My attorney told me that AUSA did ask FBI to expedite my name check, but the result did not come in yet. My attorney ask me to contact him in 2 weeks. Did anyone has similar experience? I am just a little lost and don't know what to do next. Any advise will help. Thanks,
Jack
Order to Show Cause
Hi,
I filed the case and judge filed Order to Show Cause for the Defendants on 09/26/06, which is due in 30 days and today is 10/26/06 and I do not see anything filed yet...
Did anybody have experience with it? What should I do next? Or how does it usually go?
Hi,
I filed the case and judge filed Order to Show Cause for the Defendants on 09/26/06, which is due in 30 days and today is 10/26/06 and I do not see anything filed yet...
Did anybody have experience with it? What should I do next? Or how does it usually go?
cajack said:
Hi cajack,
Most of the cases on this forum either were solved before the lawsuit proceeeded in later stages or the AUSA filed a Motion to dismiss lack of jurisdiction or something like that. In your case there was no motion filed by AUSA, they simply filed the required Answer to your complaint.
I read in the Northern California Distric Court Pro Se handbook the following:
What type of response to the complaint is required?
Under Rule 12 of the Federal Rules of Civil Procedure, once you have been served with a complaint, you must, within the required amount of time, either file an answer to the complaint, or file a motion challenging some aspect of the complaint. If you choose to file a motion, you still must file an answer, but you do not have to file the answer until after the court rules on your motion.
......
Once the answer is filed, does the plaintiff have to file a response to it?
There is no such thing under the Federal Rules of Civil Procedure as a “Response to an Answer.” Even if you strongly disagree with the statements in the answer, there is no need to file a response. Under Rule 8(d) of the Federal Rules of Civil Procedure, all statements in an answer are automatically denied by the other parties to the lawsuit.
So seem from these readings that there is nothing you have to do at this point. My guess is that now the ball is in the District Court, i.e., the judge will order the next step, like the Initial Case Management Conference. AUSA is probably trying to buy time for the FBI to finish your name check, but they were required by the rules to file an answer before the 60 days are up. By not filing a Motion to dismiss, looks to me that they know that they don't have a solid legal ground to ask for that and they probably know that their motion would be denied.
If you are interested, I can upload again the above mentioned Pro Se Handbook, it has very good explanations of the full process, I found it here on the forum, many posts ago.
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Which two address are correct for local and gernal US Atty?
Which US Atty office should I send my case to?
I found the following US Atty address from internet, please guide me which two are the right place should I send my case to.
1. For Local US Atty office
United States Attorney's Office
Civil Process Clerk
Northern District Patrick Fitzgerald, USA*
219 S. Dearborn St., 5th Floor
Chicago, IL 60604
United States Attorney's Office
Northern District of Illinois, Eastern Division
219 S. Dearborn St., 5th Floor
Chicago, IL 60604
2. For US Atty office gerneral
Lisa Madigan
Illinois Attorney General
Chicago Main Office
100 West Randolph Street
Chicago, IL 60601
Alberto R. Gonzales
US Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
By the way, a childish question: Why we need to send our summon copies + complaint to US Atty and US Atty Gerneral? Who are they?
Thanks!
Which US Atty office should I send my case to?
I found the following US Atty address from internet, please guide me which two are the right place should I send my case to.
1. For Local US Atty office
United States Attorney's Office
Civil Process Clerk
Northern District Patrick Fitzgerald, USA*
219 S. Dearborn St., 5th Floor
Chicago, IL 60604
United States Attorney's Office
Northern District of Illinois, Eastern Division
219 S. Dearborn St., 5th Floor
Chicago, IL 60604
2. For US Atty office gerneral
Lisa Madigan
Illinois Attorney General
Chicago Main Office
100 West Randolph Street
Chicago, IL 60601
Alberto R. Gonzales
US Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
By the way, a childish question: Why we need to send our summon copies + complaint to US Atty and US Atty Gerneral? Who are they?
Thanks!
paz1960:
Thank you very much for your answer. I have the same feeling that AUSA is trying to buy some time for FBI to finish my name check. My question is if AUSA needs more time, why she did not ask for extension? Is it a good or bad sign? It really beats me. By the way, as I know Case Management Conference(CMC) is already arranged at 11/20. Hopefully, we can work out something before then. Thanks again,
Jack
Thank you very much for your answer. I have the same feeling that AUSA is trying to buy some time for FBI to finish my name check. My question is if AUSA needs more time, why she did not ask for extension? Is it a good or bad sign? It really beats me. By the way, as I know Case Management Conference(CMC) is already arranged at 11/20. Hopefully, we can work out something before then. Thanks again,
Jack
paz1960 said: