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

After I file the amended complaint with the court, will the court clerk give me new summons?

What do I fill in the respond within 60 days even for the amended complaint?

I looked at the wiki page on how to amend complaint, it says that I don't need to deliver the summons to AUSA, it states:

"Complete an affidavit or affirmation of service of process form stating that the amended complaint was mailed to each defendant."

Thinking out loud, the only person I should be delivering the amended complaint to after I file it with the court is AUSA.
 
See #3: Send a copy of your amended complaint to the attorney for each defendant by ordinary first-class mail.

Since AUSA represents all defendants, that's all you need to do. No new summons required.
 
Thanks lazycis, what do you think about "Certificate of Service" ,in my post above, at the end of the amended complaint?

I still need to submit a proof of service with the court. I think it will be simple para stating that I delivered the amended complaint to Defendant's attorney, AUSA. Right?
 
jefkorn said:
Thanks lazycis, what do you think about "Certificate of Service" ,in my post above, at the end of the amended complaint?

I still need to submit a proof of service with the court. I think it will be simple para stating that I delivered the amended complaint to Defendant's attorney, AUSA. Right?
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I believe if you use e-file, you do not need a separate certificate. Never used e-file though...
 
I'm not going to experiment with e-filing at this point. I have drafted a separate Certificate of Service that I will file after I file the amended complaint with "Certificate of Service" para at the last page. The "Certificate of Service" para at the last page of the complaint, say "...will be delivered..on Defendant's counsel on record, AUSA etc.."

But the one page Certificate of Service that I will file after I deliver the amended complaint to AUSA, will say "...delivered by hand...on <date>".
lazycis said:
I believe if you use e-file, you do not need a separate certificate. Never used e-file though...
Click to expand...
 
I thought it should have court's stamp before it gets delivered to AUSA. But if I deliver it to AUSA before I file it with the court, I guess then I can remove the "will be delivered .." from Certificate of Service para from the last page on amended complaint.
lazycis said:
You can deliver it (mail it) before you file it with the court. That's the best way of doing it.
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I am not sure if anyone asked this before but any help would be great. I received a 'minute order regarding initial disclosure, joint status report and early settlement' from the district court. It stated that I am suppose to have a conference with the defendants, file initial disclosure and combined joint status report.

Did anyone know what this is and what do I need to do?

Thanks.

PS I have not receive answer from AUSA yet just the notice to appear.
 
First amended complaint filed

I delivered the first amended complaint + exhibits+ Certificate of Service to USA's office. The front desk clerk at USA's office had me fill a form before he could accept my complaint. The form was titled Complaint Form. It had To: Duty Attorny, From: ___, Nature of Complaint:___ . I typed To: AUSA and pretty much the same thing as my Certificate of Service doc, got it stamped by the clerk, made copies, left one copy with the clerk. And then filed with the court the following: First Amended Complaint + Exhibits + [Certificate of Service(one page) + Complaint Form stamped at USA's clerk]. My amended complaint had a little Certificate of Service paragraph at the last page as well.

It was probably unnecessary to deliver the Certificate of Service to AUSA but I did it anyway. Now the AUSA is supposed to file an extension so she can work with CIS on my wife's AOS. The original 60-day deadline to answer runs out on Monday.

By the way, will AUSA file the extension by herself. I don't need to do anything if I don't want to oppose it, right?
 
eg0788 said:
I am not sure if anyone asked this before but any help would be great. I received a 'minute order regarding initial disclosure, joint status report and early settlement' from the district court. It stated that I am suppose to have a conference with the defendants, file initial disclosure and combined joint status report.

Did anyone know what this is and what do I need to do?

Thanks.

PS I have not receive answer from AUSA yet just the notice to appear.
Click to expand...

AUSA should contact you about this. If not, you can contact AUSA. You are pro se, AUSA should prepare a joint statement and all you need to do is to sign it. Check your local rules regarding "initial disclosure". It may not be required for individuals. If it is required in your court, you should be able to find form on court's website or you can get it from clerk. It's a very simple form.
 
jefkorn said:
I delivered the first amended complaint + exhibits+ Certificate of Service to USA's office. The front desk clerk at USA's office had me fill a form before he could accept my complaint. The form was titled Complaint Form. It had To: Duty Attorny, From: ___, Nature of Complaint:___ . I typed To: AUSA and pretty much the same thing as my Certificate of Service doc, got it stamped by the clerk, made copies, left one copy with the clerk. And then filed with the court the following: First Amended Complaint + Exhibits + [Certificate of Service(one page) + Complaint Form stamped at USA's clerk]. My amended complaint had a little Certificate of Service paragraph at the last page as well.

It was probably unnecessary to deliver the Certificate of Service to AUSA but I did it anyway. Now the AUSA is supposed to file an extension so she can work with CIS on my wife's AOS. The original 60-day deadline to answer runs out on Monday.

By the way, will AUSA file the extension by herself. I don't need to do anything if I don't want to oppose it, right?
Click to expand...

Nice job! AUSA automatically gets 10 more days to answer (file a motion for extension) by FRCP. You do not need to do anything at this point. Just wait :)
 
Thanks for all your help and all others on the forum. I did send AUSA an email updating her on my filings today. I thought the AUSA will still be under original 60 day deadline unless she files for an extension? Can you please point me to the relevant FRCP?

lazycis said:
Nice job! AUSA automatically gets 10 more days to answer (file a motion for extension) by FRCP. You do not need to do anything at this point. Just wait :)
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An update on my case....I just came back from the interview, everything went smoothly

I got 2nd fingerprint done on 9/3, today (9/5) was my interview and got oath letter for 9/9....everything completed in just one week..
 
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mka said:
An update on my case....I just came back from the interview, everything went smoothly

I got 2nd fingerprint done on 9/3, today (9/5) was my interview and got oath letter for 9/9....everything completed in just one week..
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2-year wait to be naturalized ? it has been a hard battle right ?
 
mka: how did you get to the interview point so quickly (last message you left I think you were proposing a lawsuit - I could have misread)? when did you get your IL?
 
Update after filing first amended complaint

Folks, After I filed first amended complaint, AUSA filed motion for extension of time for 30 days to respond to amended complaint which I had accented to earlier. Judge granted the motion. The motion states in effect that Defendants intend to file MTD as to my claims only because my AOS was approved during the pendency of the action and the complaint as it applies to me is moot. But they need the extension for my wife's AOS , it will give USCIS time to review my wife's application or otherwise respond to the amended complaint. Sigh of relief.

I highly recommend signing up for electronic filing well ahead of time.I think you can sign up even before filing the initial complaint. I got electronic notification via email of any papers filed in my case. The first viewing of the document is free as opposed to when looking at using PACER account.

LESSON:Do add both husband and wife as named plaintiffs. You can separate them when identifying who did what (efforts to get AOS adjudicated) by using something like Mr. Doe and Mrs. Doe if you share the same last name for the couple: John Doe and Jane Doe. And Mr. Doe and Mrs. Smith for the couple, John Doe, Jane Smith. Refer to them collectively as Plaintiffs.

The delay in my AOS and my wife's AOS was different because the applications were filed separately and almost six months apart. See here and related thread when I was initially contemplating adding her as named plaintiff but didn't.
 
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