The court issued summons exactly 3 weeks after we filed the complaint. We sent them out and filed return of service. So now AUSA has till 5/29/07 to answer.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
The court issued summons exactly 3 weeks after we filed the complaint. We sent them out and filed return of service. So now AUSA has till 5/29/07 to answer.
Hiram,
You got it almost right.
1. First Civil cover sheets for your court is a fillable PDF at: http://www.njd.uscourts.gov/forms/JS44.pdf
2. Summons for your court is a fillable PDF at: http://www.njd.uscourts.gov/forms/ao440.pdf
3. Exhibits and WOM: I would suggest that you carefully study the WOM you prepared and look at at least 5 or 6 other WOMs on cases almost identical to yours then finalize your WOM. You will find that in this process the other WOMS you read have indeed used exhbits like letters to senators, FOIPA, INFOPASES etc. In WOM it is very important to show that you tried everything and no Administrative remdies are left. Unless its a 1447b N400 case, WOM must include a lot of exhibits to show to the judge that you tried to resolve this. The danger is waiting till MTD is that the judge may just dismiss your case even without waiting fro MTD if he finds the complaint is light. I dont know that this has happened but certainly a possiblity, So make complaint good and forceful.
Copies: say you have X number of defendants.
Then
The number of copies of complaints you need = X + 1 AUSA + 2 court + 1 your copy so X+4.
The number of copies of Exhibits you need = X + 1 AUSA + 2 court + 1 your copy so X+4.
The number of Summons you need = 2 * X + 2 AUSA
ie 2 sets of X+1 Summons. One set you actually send to defendants and AUSA, the other set you file back to court with RETURN SERVICE PAGE FILLED
Make sure Court Clerk stamps both sets of X+1 copies ie 2 *(X+1) copies of suimmons shuld be stampled by the court clerk. When you file return of service you need to file the other set of X+1 copies with retune service filled.
Take a stapler, a whitener in you bag in case you need to change something on a document.
You need to go to the court clerks office when you go to the court
1. Check your court's website!
a) civil cover sheet: http://www.njd.uscourts.gov/forms/JS44.pdf
2 copies - 1 for court and 1 for you
b) summons: http://www.njd.uscourts.gov/forms/ao440.pdf
You need to fill 2 copies of summons for each defendant + 2 AUSA=10 summons. You will send summons along with complaint to each defendant and AUSA.
Looks like you need 3 more copies of complaint - 2 for the court and 1 for you.
2. I think you also need to attach USCIS receipt to show the court how long your application is pending. So do not be afraid and file exhibits. If you file WoM, you have to show that you have tried to resolve your problem without the court, so it is a good idea to include all related correspondence as exhibits.
Also, you do not have to wait for MTD to argue your position, you may want to go into details in your complaint. If you complaint is weak, it will be easier for AUSA to dismiss it.
3. Yes, you ask for the court clerk. Usually you'll need an ID to get into the building.
Last edited by a moderator:
It is so confusing to figure out how many copies to bring with you... At least for me it was... I brought 8 copies of complaint and 8 copies of civil cover sheet and 4 copies of summons (one for each of the defendants). And at the court I needed 7 complaints, 1 civil cover sheet and I was missing 3 copies of summonses.. I didn't realize that I needed 2 for Attorney General and 2 for local US attorney... So I just filled them out there... no big deal...
I guess my point is - bring extra copies of complaint (in case you need more than you thought), have your civil cover sheet and if you are missing summonses you can fill them out there...
I didn't keep copies of summonses and when I filed return of service I just wrote whom I served and attached green cards and printouts from USPS website. That was enough for me...
Then again - different districts might be different rules... You can always call and ask...
I guess my point is - bring extra copies of complaint (in case you need more than you thought), have your civil cover sheet and if you are missing summonses you can fill them out there...
I didn't keep copies of summonses and when I filed return of service I just wrote whom I served and attached green cards and printouts from USPS website. That was enough for me...
Then again - different districts might be different rules... You can always call and ask...
Last edited by a moderator:
They made me to walk back to my car parked 1/2 mi from the courthouse because of my camera cell phone (prohibited in the courthouse).
We moved from New Hampshire to Maryland, so now we filed a case in Maryland...
Guess how many cases were filed in New Hampshire for N400 or WOM in the last year? Less than 10....
Maryland - I see them filed every day....
Talk about bad move... Just thought I would share that with you..
Guess how many cases were filed in New Hampshire for N400 or WOM in the last year? Less than 10....
Maryland - I see them filed every day....
Talk about bad move... Just thought I would share that with you..
Got Oath letter today
Hi Team,
You may know my 1447b case; my case was remanded back to USCIS with out any specific instruction. Judge used the word "Prompt" resolution. I filed the motion to amend. But my application got approved within two week of judge's order. Now, I got the oath letter today, do you think I need to withdraw my motion to amend or I can wait, my oath is on April 30th. I want to wait to see judge's ruling on my motion to amend but do you folks think it is o.k. to wait for ruling?
Thank you.
Sajjad
Hi Team,
You may know my 1447b case; my case was remanded back to USCIS with out any specific instruction. Judge used the word "Prompt" resolution. I filed the motion to amend. But my application got approved within two week of judge's order. Now, I got the oath letter today, do you think I need to withdraw my motion to amend or I can wait, my oath is on April 30th. I want to wait to see judge's ruling on my motion to amend but do you folks think it is o.k. to wait for ruling?
Thank you.
Sajjad
Well, I don't see deadline for filing opposition to motion to dismiss is listed in my Pacer account. Am I missing something? I still don't quite understand why I have 8~9 weeks after receipt of MTD to file opposition, while some cases have only 2 to 3 weeks.
Thanks.
Thanks.
FPs
Hiram,
don't waste your time on InfoPass. As soon as your NC will be cleared, you will receive an appointment notice for the second fingerprints.
I remember that somebody else posted the info indicating that an additional FPs appointment was a sign for the NC clearage.
Hiram,
don't waste your time on InfoPass. As soon as your NC will be cleared, you will receive an appointment notice for the second fingerprints.
I remember that somebody else posted the info indicating that an additional FPs appointment was a sign for the NC clearage.
An update
Hi guys,
it's just a quick update on my case.
In addition to the approval letter from the Director of local USCIS office, I 've received a Welcome Notice today (actually, 3 of them ) from the Nebraska CIS Center. Now the timeline for the actual card receiving went down to 30 days from the initial suspicious 18 months.
Hi guys,
it's just a quick update on my case.
In addition to the approval letter from the Director of local USCIS office, I 've received a Welcome Notice today (actually, 3 of them
) from the Nebraska CIS Center. Now the timeline for the actual card receiving went down to 30 days from the initial suspicious 18 months.What is the difference between defendants file a motion for summary judgement vs. I file a motion for summary judgement? Why I should oppose their motion but instead file my motion for summary judgement?
Good point, Ninyte. We all forgot to mention that someone needs a copy of complaint and summons for US AG, if he is not one of the defendants.
I also filied green cards without additional summons and it was OK.
Do you miss New Hampshire? I've been there a few times and love it.
I am a mountain person.
I think it's OK to wait for ruling. Judge will not be upset, it's his/her job, they suppose to love it!
When you pull your case in Pacer, click on Deadlines/Hearings and you should see them. If you do not see them, do not be afraid to call clerk of court to find out the deadline. It's better to be sure than miss it. I found out that court's personnel is very friendly, but it may be just my court.
If they are asking judge to do what you want also, you do not have to oppose their motion. You can file a joint motion with AUSA.
Otherwise, you have to file a cross-motion and ask judge for what you think is fair.
Hi guys,
it's just a quick update on my case.
In addition to the approval letter from the Director of local USCIS office, I 've received a Welcome Notice today (actually, 3 of them
Congrats! It is great also that they reduced time for making your card, I am sure you are tired of waiting.
The nature in NH is really beautifull, plus you have everything: mountains, lakes, ocean.... But the lifestyle there is so slow... After living there for 7 years I was feeling I was gonna get old too quick and I was ready for more movement... (people living in CA must think I'm crazy..
) I still have a lot of friends there and visit once in a while....Anyways, all cases that I saw there were resolved quick... there's a couple very recent cases that I will try to follow (just out of curiosity) and see how they will work out...
Originally Posted by 786riz
Hi Team,
You may know my 1447b case; my case was remanded back to USCIS with out any specific instruction. Judge used the word "Prompt" resolution. I filed the motion to amend. But my application got approved within two week of judge's order. Now, I got the oath letter today, do you think I need to withdraw my motion to amend or I can wait, my oath is on April 30th. I want to wait to see judge's ruling on my motion to amend but do you folks think it is o.k. to wait for ruling?
Thank you.
Sajjad
But then again - if they won't rule in your favour, won't they make a precedent out of that? I know you are curious, but you got what you wanted...
Hi Team,
You may know my 1447b case; my case was remanded back to USCIS with out any specific instruction. Judge used the word "Prompt" resolution. I filed the motion to amend. But my application got approved within two week of judge's order. Now, I got the oath letter today, do you think I need to withdraw my motion to amend or I can wait, my oath is on April 30th. I want to wait to see judge's ruling on my motion to amend but do you folks think it is o.k. to wait for ruling?
Thank you.
Sajjad
But then again - if they won't rule in your favour, won't they make a precedent out of that? I know you are curious, but you got what you wanted...