Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

[AL11]

I agree on both matters. "all examinations and interviews" will definitely include NC. But it isn't enough for them... You'll have to wait until the Secretary notifies you... Be sure, he will never notify you until NC is completed.

If exactly what's been cited above becomes a law, it will effectively kill an opportunity to request a hearing, the one that many of us, after Publicus, so successfully implemented. Really sad...

I disagree, the secretary will notify you on the day of your intervie, NC examination is a one time event and not a process (with previous court precedents) I think some one will be able to fight this successfuly in court (the first time may it may need to be done by an experienced lawyer).

 

[Mikey70]

A question:

I mailed all the summons and they all were delivered but one. It's been more than 2 weeks since the mailing date - the local US Attorney was served, but FBI Director wasn't - should I resend the summons, or since the USA was served - is it Ok to just let the time tick?

Thanks

 

[Eastbayer]

I have not received the return receipt from FBI either

A question:

I mailed all the summons and they all were delivered but one. It's been more than 2 weeks since the mailing date - the local US Attorney was served, but FBI Director wasn't - should I resend the summons, or since the USA was served - is it Ok to just let the time tick?

Thanks

I sent the summon to FBI on 4/29 using certified mails. All the receipts are back except the FBI one. I went to the usps web site and found it was delivered long time ago. I printed out the tracking information and mailed it to the court (together with the original certified mail receipt). Be sure to make photocopies of everything. The return receipt of one of my previous inquiries to FBI came back 3 months later I guess everything going in and out of FBI may need special sterilization ???

USPS allows you to set up an automatic email notification when your certified mail is delivered. That would be a proof as well.

Good luck.

 

[Screaming_Eagle]

again i will assume teh posistion of speaking for Suzy.
we are not doubting you eagle, we only loking after you, gear up and get ready for whatever this DA may have up his sleeves, and you know if you need anythign we here for ya.
good luck

Thanks guys, you really are looking afte me and everyone else on this forum.
I am getting excited and anxious about this case tho.

From what I have seen, there are only two cases aginst INS in my state (My case along with another person). Both cases are pending.

The response is due on 6/5/2006 for the second case.

 

[rob waiter]

can you show how to do this email notification?
thanks

USPS allows you to set up an automatic email notification when your certified mail is delivered. That would be a proof as well.

Good luck.

 

[verywang]

I filed today

I filed the complaint today, served the summon to the US attorney, sent out the rest summons by certified mail.
The clerk was awesome, she showed me how to look up my case electronically. I left my checkbook along with my pen at the counter by mistake and she called me right away and promised to mail them to me.
This thread is very helpful to me and I am grateful for you guys giving me the information.
Information is power, indeed. wish me luck now.

 

[boston_case]

Boston court

I filed the complaint today, served the summon to the US attorney, sent out the rest summons by certified mail.
The clerk was awesome, she showed me how to look up my case electronically. I left my checkbook along with my pen at the counter by mistake and she called me right away and promised to mail them to me.
This thread is very helpful to me and I am grateful for you guys giving me the information.
Information is power, indeed. wish me luck now.

Thanks for the information verywang. Please keep on posting the details of
your case as you are in Boston. I would follow you soon.

 

[rob waiter]

wang,

we are lining up to sue in Boston. So
1. did you or the clerks print the summons?
2.how did you sevre US attorney? did you mail or
hand delivered to him? I assume the clerk will tell
how to reach the US attorney.

good luck!

many thanks

rob

I filed the complaint today, served the summon to the US attorney, sent out the rest summons by certified mail.
The clerk was awesome, she showed me how to look up my case electronically. I left my checkbook along with my pen at the counter by mistake and she called me right away and promised to mail them to me.
This thread is very helpful to me and I am grateful for you guys giving me the information.
Information is power, indeed. wish me luck now.

 

[Lazerthegreat]

So you send each summons to each defendant and then send copy of each defendant's summons to both your local US attorney and attorney general in DC?
e.g. if you are suing USCIS, DHS and FBI, you send them original summons addressed to each party. Then you take all 3 summons and send copies to both attorneys. right?

 

[Eastbayer]

What did the clerk say about looking at cases electronically?

Thanks for the information verywang. Please keep on posting the details of
your case as you are in Boston. I would follow you soon.

 

[yad1994]

Pro Se Package

Today, I went to Western district of Missouri/ Office of the clerk. and got a copy of Pro Se Package which include:

1. Civil Cover Sheet.
2. Civil Coplaint Form
3. Civil Summons Form.
4. Application for Appointment of Counsel.
5. Notice and Aknowledgment for service by Mail.

Now, Should I use a civil coplaint form? or it is O.K if I do it in different format. because in the package ( Complaint part) explined like this: "your complaint should be submitted to the court by completing the attached civil complaint Form. this form my be typed or printed; however, it must be legible and clearly stated so that it can be easily understoo"

 

[Eastbayer]

Email certified mail tracking

can you show how to do this email notification?
thanks

You go to usps.com, find "Tracking". You will be asked to type in the tracking number of your certified mail. Then it will tell you the status of your mail: Acceptance or delivered, etc. If your mail has not been delivered to the final destination, you can scroll down and find the option of email notification. You can leave your email address and choose to be notified of any future actions on your mail. I have used this service for all my certified mails. The e-mails contained very detailed information on the whereabout of my mails at various time points, just like FedEX and other carriers.

Try it and let me know if you still have problems.

Good luck.

 

[rob waiter]

thanks!

You go to usps.com, find "Tracking". You will be asked to type in the tracking number of your certified mail. Then it will tell you the status of your mail: Acceptance or delivered, etc. If your mail has not been delivered to the final destination, you can scroll down and find the option of email notification. You can leave your email address and choose to be notified of any future actions on your mail. I have used this service for all my certified mails. The e-mails contained very detailed information on the whereabout of my mails at various time points, just like FedEX and other carriers.

Try it and let me know if you still have problems.

Good luck.

 

[verywang]

electronic access

The clerk gave me a web site: www.pacer.uscourts.gov. She said she is not pushing it but if I do not want to make a trip every time I go to court I could register on this web and knows what is going on electronically. I am still studying about this, anyone who is knowledgable please step up, show and tell.

 

[verywang]

summons

hey rob:
1. I prepared the summons and she stamped them.
2. I hand delivered the US attorney, in the same building, 9th floor. Make sure to ask the US attorney's office to give you a copy of the stamped summon so that you can bring it down to the 2nd fL clerk's office to file it right away.
I guess the next step is to wait for the returned certified slip coming in my mail and then go to the clerk's office and file them, correct?
wang in Boston

wang,


we are lining up to sue in Boston. So
1. did you or the clerks print the summons?
2.how did you sevre US attorney? did you mail or
hand delivered to him? I assume the clerk will tell
how to reach the US attorney.

good luck!

many thanks

rob

 

[AL11]

hey rob:
1. I prepared the summons and she stamped them.
2. I hand delivered the US attorney, in the same building, 9th floor. Make sure to ask the US attorney's office to give you a copy of the stamped summon so that you can bring it down to the 2nd fL clerk's office to file it right away.
I guess the next step is to wait for the returned certified slip coming in my mail and then go to the clerk's office and file them, correct?
wang in Boston

verywang,
Can you serve the US attorney yourself? I though you are not suposed to do that.
Also, when you serve them in person, how do you get a confermation that you did so?

 

[kabi24]

verywang,
Can you serve the US attorney yourself? I though you are not suposed to do that.
Also, when you serve them in person, how do you get a confermation that you did so?

Yeah, it clearly says in the summons that it should be delivered by a third party.
Then again i see somewhere else on the service certificate that the plaintiff could do it himself.

Update on my case: i got the stamped summons back from the clerk in seattle . i am mailing them to the defendants today...

 

[verywang]

summon

to AL11:

I thought I was not supposed to serve it either, I even called a messenger service before I left for Court. But they allowed me to do it. I saved $30 messenger's fee.
When you deliver the summon, the US attorney's office reception desk will put a dated "received" stamp on the summon, make sure to ask for a copy of it and bring it back to the clerk's office to file it.

Hope this clarifies.

verywang,
Can you serve the US attorney yourself? I though you are not suposed to do that.
Also, when you serve them in person, how do you get a confermation that you did so?

 

[AL11]

Yeah, it clearly says in the summons that it should be delivered by a third party.
Then again i see somewhere else on the service certificate that the plaintiff could do it himself.

Update on my case: i got the stamped summons back from the clerk in seattle . i am mailing them to the defendants today...

How long did it take the clerk office in Seattle to get the summons back to you? I talked to the clerk today and he said if you file in person they will give you the summons on the spot. and US attorney is in the same buiding so one can deliver them right away. I asked if I can do a Certificate of Service instead of summons and he said that I can't since I will need a case number to give to the defendants.

 

[Screaming_Eagle]

Ok guys,
here is what the assistant DA came up with after 59 dyas.

....and hereby respectfully moves
this Honorable Court for a thirty (30) day extension of time
(until June 21, 2006) to respond to the Plaintiff’s Petition. As
grounds therefor, it is stated:
FILED
2006 May-22 PM 03:17
U.S. DISTRICT COURT
N.D. OF ALABAMA
1. Below signed counsel has been in contact with all
necessary agencies and progress has been made on the questions
raised in the Plaintiff’s Petition.
2. Below signed counsel still does not have in hand all
necessary documentation to properly respond the said petition.
3. While not guaranteed, it is possible, if given the
extended time requested, that all issues may be resolved

Looks like I am goning to give them one last 30 days (as an extension) to clean up their own mess.