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

now that I have everything together for my WOM, how should I orgonize my papers together before going to court on Monday? Cover sheet, the complaint and then the exhibits ? Do I need a cover sheet for each exhibit or one will be enough ? Since I have five defendants with five summons to send, do I need to have these ready before going to court so I can mail them right after that?
 
This is from my cregan notes previously attached the a thread. I did it that way as it kept me organized :)


This might be too much, but I preferred being over prepared.

o Once I had updated the WOM, included my attachments and crossreferenced my attachments
o I signed the original. I made a lot of copies of the original.
(copy for US Atty for the court, 2 copies for myself, a copy for each defendants and a copy for the US District Attorney)
o I hole punched each packet with the 2-hole puncher at the top of the pages. I used Prong Fasteners to bind each copies
o For each defendant and the US District Atty, I prepared the envelopes (USPS Priority) to include the name/address label, the certified receipt and the green return receipt
o Once I had each one prepared, I updated the summon documents on page 2 to include the receipt tracking number I assigned to each defendant
o For each defendant, I clipped a copy of the complaint, their summons, the certified receipt, the green return receipt, an envelope and the USPS Priority envelope. For the US District Atty I clipped everything (except the summons)

At the court
o They reviewed my copies, assigned a case.
o I paid the $350 fee.
o Complaints - the clerk stamped the original and each copies with the case number
o Summons – the clerk stamped the case number and the court’s seal
o I went to Office Max and made 2 copies of the summons
o I went to the post office and mailed each of my defendants.
o I went back to Office Max and made copies of each stamped certified receipts
o I attached the related receipt to the copies of the summons.
o I took the copies of the summons (with copies of the stamped receipts) included it with a copy of the complaints and mailed it to the US District Attorney.
 
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mustafa34kc,
The cover sheet is needed for the court. You need one cover sheet per lawsuit. You need to get all summons stamped by the court to make it official. You don't necessarily need to take the copies of complaint+exhibits to court for defendants because they don't have to be stamped but I would take them with me to get them stamped.

Court Copy: Cover sheet + complaint(loose) + exhibits (loose), not stapled so the court clerk can scan it and it will look pretty in the PDF
First Defendant: Summons + complaint (stapled) + exhibits(stapled)
Second Defendant: Summons + complaint (stapled) + exhibits(stapled)
..
..
AUSA: Summons + complaint (stapled) + exhibits(stapled)

Attorney General (if he is named defendant, send him documents only once, no need to send twice): Summons + complaint (stapled) + exhibits(stapled)

-Put each set into its own separate big yellow/white envelope so it will be ready to be mailed out the same day.
-You don't have to mail it right after you get out of the court. -At the very least, deliver the one set addressed to AUSA wither by hand or by mail, it will start your 60 day clock.
-You can keep one copy of complaint and exhibits for your own records.
-At the very minimum, the court clerk will stamp all summons, court copy of the complaint and cover sheet. After the clerk stamps, you will have a case number. If the rest of the copies of complaint+exhibits are not stamped, you can simply write the case number on the Civil Action No. section on the first page and you are good to go.
-I took stapler and extra copies of complaint+exhibits just in case I need an extra copy.
-Don't forget to sign the Complaint and copies if you took printouts.

You have done all the hard work, you will be just fine on Monday. Good luck.
 
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mustafa34kc,
The cover sheet is needed for the court. You need one cover sheet per lawsuit. You need to get all summons stamped by the court to make it official. You don't necessarily need to take the copies of complaint+exhibits to court for defendants because they don't have to be stamped but I would take them with me to get them stamped.

Court Copy: Cover sheet + complaint(loose) + exhibits (loose), not stapled so the court clerk can scan it and it will look pretty in the PDF
First Defendant: Summons + complaint (stapled) + exhibits(stapled)
Second Defendant: Summons + complaint (stapled) + exhibits(stapled)
..
..
AUSA: Summons + complaint (stapled) + exhibits(stapled)

Attorney General (if he is named defendant, send him documents only once, no need to send twice): Summons + complaint (stapled) + exhibits(stapled)

-Put each set into its own separate big yellow/white envelope so it will be ready to be mailed out the same day.
-You don't have to mail it right after you get out of the court. -At the very least, deliver the one set addressed to AUSA wither by hand or by mail, it will start your 60 day clock.
-You can keep one copy of complaint and exhibits for your own records.
-At the very minimum, the court clerk will stamp all summons, court copy of the complaint and cover sheet. After the clerk stamps, you will have a case number. If the rest of the copies of complaint+exhibits are not stamped, you can simply write the case number on the Civil Action No. section on the first page and you are good to go.
-I took stapler and extra copies of complaint+exhibits just in case I need an extra copy.
-Don't forget to sign the Complaint and copies if you took printouts.

You have done all the hard word, you will be just fine on Monday. Good luck.


Thank you Jefkorn ..I really appreciate it .. looks like I will be busy this weekend getting stuff together :)

I assume AUSA is the U.S Attorney here in Kansas City ? I noticed when I picked up my Pro Se package, they have a mail drop for the U.S. Attorney. Shall I drop his copy in that mail drop or mail it?
 
AUSA is the Assistant United States Attorney. You have to deliver the summons+complaint+exhibits to US Attorney's office. If they only accept either mail drop (some sort of drop box where you drop documents and pick up an automatically printed receipt?) or via snail mail, I would prefer drop box because that way it will reach him/her quicker. If you can go in person to US Attorney's office, that should ok or rather preferable because they will acknowledge your delivery right away and 60 days clocks begins thereafter.
Although you are delivering documents addressed to US Attorney, in reality one of his/her assistants (AUSA) will be assigned to the case and you will communicate with AUSA from that point on.

Typically there's one US Attorney in a judicial district but multiple AUSAs.
Thank you Jefkorn ..I really appreciate it .. looks like I will be busy this weekend getting stuff together :)

I assume AUSA is the U.S Attorney here in Kansas City ? I noticed when I picked up my Pro Se package, they have a mail drop for the U.S. Attorney. Shall I drop his copy in that mail drop or mail it?
 
AUSA is the Assistant United States Attorney. You have to deliver the summons+complaint+exhibits to US Attorney's office. If they only accept either mail drop (some sort of drop box where you drop documents and pick up an automatically printed receipt?) or via snail mail, I would prefer drop box because that way it will reach him/her quicker. If you can go in person to US Attorney's office, that should ok or rather preferable because they will acknowledge your delivery right away and 60 days clocks begins thereafter.
Although you are delivering documents addressed to US Attorney, in reality one of his/her assistants (AUSA) will be assigned to the case and you will communicate with AUSA from that point on.

Typically there's one US Attorney in a judicial district but multiple AUSAs.


Thank you sir.. I will ask the court clerk on how to give the AUSA a copy. So although I am not naming the US Attorney in my complaint as a defendant, I still need to send him a copy since Mukasey is his boss, correct?
 
You are welcome! I'm just another mere mortal! Yes, you are right. Even though you are not naming US Attorney as a defendants in your complaint, he gets a copy whenever Govt. and one of its agencies are sued. See here: http://www.law.cornell.edu/rules/frcp/Rule4.htm

You can directly call US Attorney's office and ask that you need to deliver summons for a civil case against USCIS. Court clerk may just say that US Attorney's office is separate from the court (which it is) and ask you to contact them directly for any of questions related to them.

Thank you sir.. I will ask the court clerk on how to give the AUSA a copy. So although I am not naming the US Attorney in my complaint as a defendant, I still need to send him a copy since Mukasey is his boss, correct?
 
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USCIS responds to DHS Ombudsman

"By June 2009, USCIS and the FBI expect to process 98 percent of all name checks within 30 days, and the remaining 2 percent within 90 days."

So this means citizenship applications could be processed as early as 30 days (or worst case 90 days) + local office's processing load. Sounds good to me :)
 
You are welcome! I'm just another mere mortal! Yes, you are right. Even though you are not naming US Attorney as a defendants in your complaint, he gets a copy whenever Govt. and one of its agencies are sued. See here: http://www.law.cornell.edu/rules/frcp/Rule4.htm

You can directly call US Attorney's office and ask that you need to deliver summons for a civil case against USCIS. Court clerk may just say that US Attorney's office is separate from the court (which it is) and ask you to contact them directly for any of questions related to them.


Hi Jefkorn .. I am working on the final details of my WOM .. last question ..regarding the summons page, since I do not have an attorney, what should I put in that part ? Thank you :)
 
If your know for sure that your file is at local USCIS office, then yes. If your file is at a service center, then I would leave him out.
If you are not adding him as a defendant, I wouldn't send him a copy of WOM because he is not a named party.
Thank you Sir ...Do I need to name the director of my local USCIS office as a defendant too, or just send him a copy of the WOM ?
 
If your know for sure that your file is at local USCIS office, then yes. If your file is at a service center, then I would leave him out.
If you are not adding him as a defendant, I wouldn't send him a copy of WOM because he is not a named party.

Thank you sir .. the last think I know from them is my file is still in Nebraska ..I am going to leave him out and I will mail him/her a copy later. I have all my stuff ready .. hopefully I did not make any mistakes.. I will be leaving to court shortly ..wish me luck
 
mustafa34kc, good luck and may this be your lucky day as it's Eid too.
Thank you sir .. the last think I know from them is my file is still in Nebraska ..I am going to leave him out and I will mail him/her a copy later. I have all my stuff ready .. hopefully I did not make any mistakes.. I will be leaving to court shortly ..wish me luck
 
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mustafa34kc, good luck and may this be your lucky day as it's Eid too.

Thank you very much Sir .. I really appreciate all your help and all the others who helped me through this. I just got back from the court house and WOM has been filed. I have walked the U.S. Attorny summons to his office and they have received it. I will be sending my summons to the others tomorrow. I have a question regarding the second summons page, which is blank. They told me I need to send the 2 pages of the summons. Do I need to fill out anything on the second page or leave it blank before sending it ?
 
Thank you very much Sir .. I really appreciate all your help and all the others who helped me through this. I just got back from the court house and WOM has been filed. I have walked the U.S. Attorny summons to his office and they have received it. I will be sending my summons to the others tomorrow. I have a question regarding the second summons page, which is blank. They told me I need to send the 2 pages of the summons. Do I need to fill out anything on the second page or leave it blank before sending it ?

No need to fill second pages, leve them blank. make a copy for yourself, you will need to fill the second pages after you get return receipts from USPS.
 
Thank you Lazycis .. I am sending the first page with a blank page and keeping copies for myself. I am worried now about when I served the U.S. Attorney's office .. since their office was in the same court house building, I walked the papers up to their office. I read somewhere that any party in the suit can not serve the summon, am I in trouble already?
 
Thank you Lazycis .. I am sending the first page with a blank page and keeping copies for myself. I am worried now about when I served the U.S. Attorney's office .. since their office was in the same court house building, I walked the papers up to their office. I read somewhere that any party in the suit can not serve the summon, am I in trouble already?

Did they ask your for an ID? Yes, technically you should not be doing it yourself, but if any question arise, you can always serve it the second time via mail or friend. Do not be afraid to make a mistake, the court understands that you are not a lawyer and does not expect you to be perfect. Did you get a receipt from US Att. after you served the complaint?
 
Did they ask your for an ID? Yes, technically you should not be doing it yourself, but if any question arise, you can always serve it the second time via mail or friend. Do not be afraid to make a mistake, the court understands that you are not a lawyer and does not expect you to be perfect. Did you get a receipt from US Att. after you served the complaint?
They did ask for an ID and I showed it to the lady who accepted it. She checked the first box for served personally and wrote her name on it
 
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