Free Order on Motion for Hearing - District Court of California - California

Case 5:08-cv-02283-PVT

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Filed 06/19/2008

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1 2 3 4 5 6 7 8 9 10 11 12 Plaintiffs, 13 v. 14 15 16 17 On June 16, 2008, plaintiffs Xiaojun Chen and Douglas C. Meserve moved for an expedited 18 hearing on the merits of an application for naturalization made by plaintiff Chen. (collectively 19 "plaintiffs"). Based on defendants' alleged representations that the FBI background check on 20 plaintiff Chen had been completed and was satisfactory, plaintiffs contend that the action is ripe for 21 final adjudication. On June 18, 2008, defendants opposed the motion on the grounds, inter alia, that 22 they have never represented to plaintiffs that the FBI background check on plaintiff Chen had been 23 24 applicant must satisfy a variety of requirements, including the requirement of establishing that 25 26 27 28 Defendants also complain that plaintiffs failed to meet and confer prior to their filing of the instant motion. "`Meet and confer' of `confer' means to communicate directly and discuss in good faith the issue(s) required under the particular Rule or order . . . . this requirement can be satisfied only through direct dialogue and discussion­either in a face to face meeting or in a telephone conversation." Civ. L.R. 1-5(n). ORDER, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION XIAOJUN CHEN and DOUGLAS C. MESERVE, ) ) ) ) ) ) ) ) ) ) Case No.: C 08-02283 PVT ORDER DENYING PLAINTIFFS' MOTION FOR AN EXPEDITED HEARING

MICHAEL CHERTOFF, Secretary of the Department of Homeland Security, et al., Defendant. ___________________________________

completed and was satisfactory.1 Moreover, "[t]o qualify for the privilege of citizenship, an

Case 5:08-cv-02283-PVT

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during all relevant times, [plaintiff Chen] `has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and is well disposed to the good order and happiness of the United States." Opposition to Plaintiffs' Motion for an Expedited Hearing ("Opp."), at p. 2. Finally, defendants respond that with respect to plaintiff Meserve, they intend to move to dismiss the first amended complaint based on his lack of standing in the action and with respect to plaintiff Chen, they intend to move to remand the action to the agency for adjudication. Pursuant to Civ. L. R. 7-6, the court finds it appropriate to issue this order without further briefing or oral arguments. Having reviewed the papers and considered the arguments of plaintiffs and counsel for defendants, plaintiffs' motion is denied without prejudice as premature.2 IT IS SO ORDERED. Dated: June 19, 2008 PATRICIA V. TRUMBULL United States Magistrate Judge

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The holding of this court is limited to the facts and particular circumstances underlying the present motion.

ORDER, page 2

Case 5:08-cv-02283-PVT

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Filed 06/19/2008

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Copies of order mailed on June 19, 2008 to the following: Xiaojun Chen 3008 Bellworth Court San Jose, CA 95135 Douglas C. Meserve 3008 Bellworth Court San Jose, CA 95135 _______EHP_________________ Chambers of U.S. Magistrate Judge Patricia V. Trumbull

ORDER, page 3