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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Please let us know these details. I may want to join
thanks!
I recommend you to do it yourself. I really doubt the Murthy's thing is for real. If it's not a class action lawsuit, how can you save on litigation costs if every case is filed individually? You may be able to use the same template, but each case has its own details and will follow its own path after it is filed. They won't be able to use the standard response to MTD and follow each case individually. And we already have a template complaint posted on the forum. Also, you are better off filing it yourself asap insead of waiting for mercy from somebody else. "Time is a precious thing, never waste it".
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I got sick of waiting for my namecheck to be cleared. So I recently filed a lawsuit (pro se) using info posted on this web site. Thanks for all of your help!!
Now the wait starts
it'll take little over 1 month to receive your stipulation to dismiss and oath letter. I just did the same in SF, you can read about my case above.
You can file for msj first. In that case ausa will file cross-motion. I think that's the most likely scenario for you as you'll prepare much faster than AUSA. You may want to talk to ausa and develop a schedule to file motions for summary judgment and replies.
Check this order to have a better understanding of the process (keep in mind that you'll probably file your motion first so the defendants will be filing cross-motion). It seems that each party has three weeks to prepare for each step.
http://www.eff.org/files/filenode/07403TFH/050907_scheduling_order.pdf
Check this order to have a better understanding of the process (keep in mind that you'll probably file your motion first so the defendants will be filing cross-motion). It seems that each party has three weeks to prepare for each step.
http://www.eff.org/files/filenode/07403TFH/050907_scheduling_order.pdf
Can a 1447b suit be filed on behalf of a spouse with the other spouse acting as "attorney in fact"? If so, is there anything special that needs to be filed along with the suit?
No, even if you were an attorney, you could not represent your spouse.
Usca
Lazycis, and friends
yesterday, I filed my notice of appeal on the court order to dismiss my i-485 and it showed on pacer. today, USCA Case Manager filed a document that is restricted and can only be viewed by the court...
what does USCA stand for ... how can i know what is that document??
that's weird?!?!
that's what it says
USCA Case Number (xxxxxx) Notice of Appeal(USCA) filed by (Hiram). USCA Case Manager Tiffany Washington (Document Restricted - Court Only)
Lazycis, and friends
yesterday, I filed my notice of appeal on the court order to dismiss my i-485 and it showed on pacer. today, USCA Case Manager filed a document that is restricted and can only be viewed by the court...
what does USCA stand for ... how can i know what is that document??
that's weird?!?!
that's what it says
USCA Case Number (xxxxxx) Notice of Appeal(USCA) filed by (Hiram). USCA Case Manager Tiffany Washington (Document Restricted - Court Only)
Question: My N-400 case has not been adjudicated yet (pending fingerprint clearance from FBI, expected to happen next week). AUSA wants to file joint stipulation of dismissal as per Rule 41(A)(1)(ii), I believe, without prejudice. He will send me the stipulation sometime today.
My question is, if I sign the stipulation, and after that, USCIS does not adjudicate my case, will I be allowed to re-open the case? say after 2 or 3 months. I am hoping it will not get to that, but just in case.
What can I do to ensure that if USCIS does not act on my case, I should be able to re-open the case?
My question is, if I sign the stipulation, and after that, USCIS does not adjudicate my case, will I be allowed to re-open the case? say after 2 or 3 months. I am hoping it will not get to that, but just in case.
What can I do to ensure that if USCIS does not act on my case, I should be able to re-open the case?
The AUSA sent me the attached Form CV-9 "Notice of Dismissal Pursuant to Rule 41(a) or (c) F.R.C.P.
F.R.C.P. 41(a) This notice may be filed at any time before service by the adverse party of an answer or of a motion for summary judgement, whichever first occurs.
He checked the following box:
o This action is dismissed by the Plaintiff(s) in its entirety.
So it is not a joint dismissal. I believe he sent me this because he never filed an answer nor any motion regarding my complaint.
It does not mention anything about whether the complaint is being dismissed with prejudice or without prejudice. Will I be able to re-open the case if needed if I sign this Notice of dismissal? Should I sign it?
F.R.C.P. 41(a) This notice may be filed at any time before service by the adverse party of an answer or of a motion for summary judgement, whichever first occurs.
He checked the following box:
o This action is dismissed by the Plaintiff(s) in its entirety.
So it is not a joint dismissal. I believe he sent me this because he never filed an answer nor any motion regarding my complaint.
It does not mention anything about whether the complaint is being dismissed with prejudice or without prejudice. Will I be able to re-open the case if needed if I sign this Notice of dismissal? Should I sign it?
The AUSA sent me the attached Form CV-9 "Notice of Dismissal Pursuant to Rule 41(a) or (c) F.R.C.P.
F.R.C.P. 41(a) This notice may be filed at any time before service by the adverse party of an answer or of a motion for summary judgement, whichever first occurs.
He checked the following box:
o This action is dismissed by the Plaintiff(s) in its entirety.
So it is not a joint dismissal. I believe he sent me this because he never filed an answer nor any motion regarding my complaint.
It does not mention anything about whether the complaint is being dismissed with prejudice or without prejudice. Will I be able to re-open the case if needed if I sign this Notice of dismissal? Should I sign it?
I would not sign it in this form.
First I would propose to AUSA to file a joint motion to extend 30 (60) days because USCIS is expecting to get the FP results soon and after that they are ready to adjudicate. This is a good enough cause and if filed jointly, I don't see why the judge would not grant it.
If AUSA is tough and doesn't want to join this motion to extend, I would write a counter proposal, which would be a joint stipulation to dismiss without prejudice, stating the present situation, i.e., USCIS is ready to adjudicate as soon as the FP results are back. If N-400application is not adjudicated in 30 (60) days, Plaintiff will reopen the instant case in the court.