Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Class Actions' Consequences?
Wenlock,
agree with you and Paz on not putting much hope into prayers' requests, as the system can't possibly satisfy them. My only question left is, if my husband IS included into the plaintiffs list by submitting Declaration to court, we might benefit from lawsuit granting plaintiff's petitions individually.
But it's only if the declaration includes us into the plaintiffs' category, which I doubt.
So now-back to preparing our 1447(b)
Wenlock,
agree with you and Paz on not putting much hope into prayers' requests, as the system can't possibly satisfy them. My only question left is, if my husband IS included into the plaintiffs list by submitting Declaration to court, we might benefit from lawsuit granting plaintiff's petitions individually.
But it's only if the declaration includes us into the plaintiffs' category, which I doubt.
So now-back to preparing our 1447(b)
Class Actions' Consequences?
(reply to Snorlax)
Snorlax,
I do not see any issues “plagiarizing” other people texts as the law should be universally applicable to all and all lawsuits should look alike. Also if one cites other people’s cases – proper reference to the case is always given.
I think you are right and I'm using some ideas pretty free in my preparation. I also notice the language is identical in some petitions anyway.
What is worrisome is that there are documents floating in this forum that contain plaintiffs’ SSNs, addresses and dates of birth. That makes those plaintiffs very susceptible to identity theft, so if one posts other people documents please erase or mask this sensitive info. We all should be careful what we put into our documents when we file papers with the court. This info becomes immediately accessible to anybody and everybody through PACER.
You are totally right. As I read, a mediocre private eye could get any personal file with complete details from the net within 15 minutes. Sad, but pacer (and this great forum!) are other places to look!
Are you still preparing your case? E-mail me privately if you like to communicate, would be interesting to share more details as we're both in CA.
Thank you for your reply,
Shvili
(reply to Snorlax)
Snorlax,
I do not see any issues “plagiarizing” other people texts as the law should be universally applicable to all and all lawsuits should look alike. Also if one cites other people’s cases – proper reference to the case is always given.
I think you are right and I'm using some ideas pretty free in my preparation. I also notice the language is identical in some petitions anyway.
What is worrisome is that there are documents floating in this forum that contain plaintiffs’ SSNs, addresses and dates of birth. That makes those plaintiffs very susceptible to identity theft, so if one posts other people documents please erase or mask this sensitive info. We all should be careful what we put into our documents when we file papers with the court. This info becomes immediately accessible to anybody and everybody through PACER.
You are totally right. As I read, a mediocre private eye could get any personal file with complete details from the net within 15 minutes. Sad, but pacer (and this great forum!) are other places to look!
Are you still preparing your case? E-mail me privately if you like to communicate, would be interesting to share more details as we're both in CA.
Thank you for your reply,
Shvili
Class Actions' Consequences?
Paz,
thank you for your input, please see my reply to you and Wenlock both!
Paz,
thank you for your input, please see my reply to you and Wenlock both!
What does that mean
I am following a Pro-Se WOM case on pacer and sometime ago the AUSA filed a motion to dismiss on this case. I was checking this case periodically to see what opposition to this motion will be filed by the plaintiff. But now I am seeing a notice there that reads:
NOTICE OF DETERMINATION OF MOTION
WITHOUT ORAL ARGUMENT
The following motion(s) having been filed: Defendant’s Motion to Dismissl filed
on x/xx/xx.
And the Court having reviewed the same,
IT IS ORDERED that response and reply briefs shall be filed in accordance with
Rule 7.1; and that the motion will be determined without oral argument.
sd-Judge
So does that mean the plaintiff does not have to oppose the motion or does it mean somehow the judge decided even if there is a opposition filed no hearing is required ? Does this mean no hearing will take place ? Why ?
I am following a Pro-Se WOM case on pacer and sometime ago the AUSA filed a motion to dismiss on this case. I was checking this case periodically to see what opposition to this motion will be filed by the plaintiff. But now I am seeing a notice there that reads:
NOTICE OF DETERMINATION OF MOTION
WITHOUT ORAL ARGUMENT
The following motion(s) having been filed: Defendant’s Motion to Dismissl filed
on x/xx/xx.
And the Court having reviewed the same,
IT IS ORDERED that response and reply briefs shall be filed in accordance with
Rule 7.1; and that the motion will be determined without oral argument.
sd-Judge
So does that mean the plaintiff does not have to oppose the motion or does it mean somehow the judge decided even if there is a opposition filed no hearing is required ? Does this mean no hearing will take place ? Why ?
I have filed my complaint with San Jose court today and sending summons tomorrow.
Best of luck, everybody!
snorlax
My interpretation is that Plaintiff has to file an opposition to the motion to dismiss - it is called in the judge's order response. After that the moving party (defendants) can file a reply to this response and that's it. The court will rule on the initially filed motion to dismiss based on the filed documents, without conducting an oral hearing. This refers only to the motion filed, not to the original complaint (although it is likely that plaintiff is asking some action from the court in his/her response (opposition) and denying the defendants motion the judge most likely will grant a relief to plaintiff).
But as generally speaking, defendants filed a motion, they still need to file an answer to the original complaint. The judge will rule first on the motion and if the case is not solved by that ruling, it will follow the defendants answer and possibly a hearing and the ruling of the court in the original issue raised in the complaint.
In my opinion, most likely scenario is that the judge either grants the defendants motion to dismiss and case is over, or denies defendants motion to dismiss and remands the case to USCIS with or without a meaningful instruction.
Hi lotech,
My understanding is that the plaintiff needs to file counter motion and judge will ruled on the bases of these motions and there will be no oral arguments, mean no trials. This is also mentioned in CA prose handbook, after reading the both motions judge will decide that if further oral arguments needed, if not then judge will rule on the case.
Mercury369
Registered Users (C)
venue for non-resident alien and old case
hello my dear friends here,
I filed a WOM pro se around one month ago, and I am preparing my opposition to motion to dismiss due to I expect I need it. I have couple questions, please help if you can, Wenlock, Paz and other friends.
1. as Paz mentioned last November, once AUSA in SD CA 3:06-01675 used "an alien's residence may not be used to establish proper venue", do you have any case law to address this? that SD CA plaintiff's application got approved even before he filed an opposition to motion to dismiss, congratulation to him/her.
2. How to find the cases if it is too old to find in PACER? how to register LEXIS? Wenlock, you once asked somebody here the same question, I did not find the reply, did you at last get it?
Thanks,
Mercury
hello my dear friends here,
I filed a WOM pro se around one month ago, and I am preparing my opposition to motion to dismiss due to I expect I need it. I have couple questions, please help if you can, Wenlock, Paz and other friends.
1. as Paz mentioned last November, once AUSA in SD CA 3:06-01675 used "an alien's residence may not be used to establish proper venue", do you have any case law to address this? that SD CA plaintiff's application got approved even before he filed an opposition to motion to dismiss, congratulation to him/her.
2. How to find the cases if it is too old to find in PACER? how to register LEXIS? Wenlock, you once asked somebody here the same question, I did not find the reply, did you at last get it?
Thanks,
Mercury
pacer
Hello Mercury,
Pacer:
1- Go here to register with pacer: http://pacer.psc.uscourts.gov/
2- Go here http://pacer.psc.uscourts.gov/ and click on U.S party Case Index, Click on Login.
3- After you login and you put your password, it will take you to PACER SERVICE CENTER.
4- You will be clicking on Search then Civil.
5- You will be in Civil Search window now.
6- In the of the window you will see Region, under that Case Filed date [ you can go back to 1980]
7- In party name you should put (Chertoff), leave the case Number empty
8- In Nature of Suit (NOS) put (890).
I wish this is can help, my advice to you to be careful with the search, or your bill it will be high, I have learned my listen. I have not register on LEXIS, so forgive me please.
I wish you the best to you and everyone here.
Hello Mercury,
Pacer:
1- Go here to register with pacer: http://pacer.psc.uscourts.gov/
2- Go here http://pacer.psc.uscourts.gov/ and click on U.S party Case Index, Click on Login.
3- After you login and you put your password, it will take you to PACER SERVICE CENTER.
4- You will be clicking on Search then Civil.
5- You will be in Civil Search window now.
6- In the of the window you will see Region, under that Case Filed date [ you can go back to 1980]
7- In party name you should put (Chertoff), leave the case Number empty
8- In Nature of Suit (NOS) put (890).
I wish this is can help, my advice to you to be careful with the search, or your bill it will be high, I have learned my listen. I have not register on LEXIS, so forgive me please.
I wish you the best to you and everyone here.
Hi Comfused! Congratulations on your hard earned victory. I have a case somewhat similar to yours, I-485 pending name check since Oct 9,2004. I filed WOM 11/29/2006. After AUSA answer I am at stage of JSR (joint status report) to be filed on 3/2/07 with pretrial hearing for discovery phase on 3/12/07. I had a question for you. My AUSA is strongly trying to preclude discovery and has mentioned in JSR that he plans to file a motion (although these motioned have not be accepted in NM circuit courts before). Did your case actually reach the discovery stage? Did you have any arguments against precluding discovery? I have already submitted my stipulations to the JSR but I dont have any strong arguments in favor of discovery. I shall appreciate your response.
Hi, folks,
If the judge grants the defendants motion to dismiss, what else can I do? Is it possible to appeal to a higher court?
If the judge grants the defendants motion to dismiss, what else can I do? Is it possible to appeal to a higher court?
Theoritically you should be able to apeal in the circuit court I think. But I would think the plaintiff should draft a good opposition to this motion (see ibrahim vs chertoff) and file it quick.
micahel1008
Registered Users (C)
Comfused:
Congratulation for your sweet victory!
My case is similar as your case, now we both get rid of this CIS nightmare.
Don't worry about your passport stamp. The cards will come in two weeks.
Enjoy it!
Congratulation for your sweet victory!
My case is similar as your case, now we both get rid of this CIS nightmare.
Don't worry about your passport stamp. The cards will come in two weeks.
Enjoy it!
pankajkandhari
Registered Users (C)
Comfused:
Congratulations !! Big blow to USCIS. Some times I wonder what will happen after everyone files lawsuits.. will they ever change the way they work? Will it ever be a better and more efficient department??
Anyway.. congrats again.
Congratulations !! Big blow to USCIS. Some times I wonder what will happen after everyone files lawsuits.. will they ever change the way they work? Will it ever be a better and more efficient department??
Anyway.. congrats again.
My case enters the discovery stage as judge ordered on Jan. 19th after the hearing. In the JSR before the hearing, AUSA just mentioned there is no necessary for the discovery (not strongly opposite), I just mentioned as "Plaintiff anticipates minimal discovery requests that may include written interrogatories and request for production of documents. These anticipated discovery requests will be made in early March".
This is what I understand. If the case enter the discovery stage, AUSA must request some statement reports about your case from USCIS and FBI to either file in the court or give to you to show that defendants actually doing something for your case. This is going to increase a lot of his/her workload because USCIS and FBI do not necessary cooperate with AUSA. This really favors you because you really want to know what happened to your application in USCIS and FBI. Plaintiff, like us, in this kind of lawsuit, basically already provide everything to defendants. No more information need to give them anymore in discovery stage.
In my WOM, AUSA directly filed a motion to dismiss 18 days earlier than the due time of 60 days to try to kill my case right away. I guess your AUSA mentioned a motion which may be the motion to dismiss (MTD). If you get MTD, you just oppose it and see what judge will determine the next step of your case.
Hope your case will be solved before all these mess.
Comfused,
I am very surprised that your case went into discovery... My AUSA said to magistrate judge that FBI never do any discoveries. So for now I filed for Opposition Motion to Dismiss and basically I do not expect anything good to happen, since they said no discovery and what really judge can do? The easier thing for him to do is just to dismiss the case. I am in N CA
I am very surprised that your case went into discovery... My AUSA said to magistrate judge that FBI never do any discoveries. So for now I filed for Opposition Motion to Dismiss and basically I do not expect anything good to happen, since they said no discovery and what really judge can do? The easier thing for him to do is just to dismiss the case. I am in N CA
Are WOM motions filed by AUSA generally "Motion to Dismiss" only and not "motion to dismiss or remand" ? I noticed in N400 cases most say "motion to dismiss or remand" but in WOM I have seem only "Motion to Dismiss". anyone got "Motion to Dismiss" in N400 1447b (as opposed to "motion to dismiss or remand") ?
I don't think I really get rid of the nightmares. I may need to deal with them again if I want to natualize after several years. I can not really relax until I hold the card and make sure the info on the card is correct. I wish I don't need to deal with them anymore!
Thank you! It is the nature of any goverment in any country. I don't think they can get better