Free Case Management Statement - District Court of California - California

Case 3:08-cv-02207-JCS

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Filed 07/25/2008

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1 JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) No. C 08-2207 SC ) ) ) JOINT CASE MANAGEMENT ) STATEMENT; and [Proposed] ORDER ) ) ) ) ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169

12 KAMALDEEP SAHOTA, MAJIT MEHMI, 13 Plaintiffs, 14 v. 15 MICHAEL MUKASEY, Attorney General 16 of the United States; SCOTT BLACKMAN, Acting Regional Director 17 of U.S. Bureau of Citizenship and Immigration Services California Service Center, 18 Defendants. 19 20 21 1. Jurisdiction and Service:

The basis asserted by plaintiff for this Court's jurisdiction is 28 U.S.C. § 1331 and 28 U.S.C.

22 § 1361. The parties do not dispute that venue is proper in this district. No issues exist regarding 23 personal jurisdiction or venue, and no parties remain to be served. 24 25 2. Facts: Plaintiff Sahota filed a Petition for Alien Relative (Form I-130) on behalf of her spouse, Majit

26 Mehmi, in August 2006. The USCIS has not yet adjudicated the Form I-130 petition. The 27 Plaintiffs filed an action on April 29, 2008, seeking an order from this Court directing USCIS to 28 adjudicate the Form I-130 petition. Joint Case Management Statement C08-2207 SC 1

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3. Legal Issues: Whether this Court should dismiss the Plaintiffs' action for lack of subject matter jurisdiction.

3 If this Court has jurisdiction, whether the USCIS is processing Plaintiff Sahota's I-130 petition 4 within a reasonable period of time. 5 6 7 8 9 10 11 12 4. Motions: The parties do not intend to file motions at this time. 5. Amendment of Pleadings: No parties, claims or defenses are expected to be added or dismissed. 6. Evidence Preservation: The parties do not have any evidence that falls within this category. 7. Disclosures: The parties believe that the initial disclosure requirements of Fed. R. Civ. P. 26 do not apply to

13 this case. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8. Discovery: The parties do not intend to take any discovery at this time. 9. Class Actions: N/A 10. Related Cases: The parties are not aware of any related case or cases. 11. Relief: The Plaintiffs ask this Court to direct USCIS to adjudicate the Form I-130 application. 12. Settlement and ADR: The parties' filed a request to be exempt from formal ADR process on July 22, 2008. 13. Consent to Magistrate Judge for All Purposes: The parties consent to magistrate judge jurisdiction. 14. Other References: The parties do not believe that this case is suitable for reference to binding arbitration, a

28 special master, or the Judicial Panel on Multidistrict Litigation. Joint Case Management Statement C08-2207 SC 2

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15. Narrowing of Issues: The parties do not believe that the issues can be narrowed by agreement or by motion, and do

3 not have suggestions to expedite the presentation of evidence at trial (e.g. through summaries or 4 stipulated facts), and any request to bifurcate issues, claims or defenses. 5 6 16. Expedited Schedule: Should this matter not resolve in the near future, the parties believe this case can be resolved

7 on cross-motions for summary judgment. 8 9 17. Scheduling: On June 6, 2008, the USCIS issued a Request for Evidence ("RFE"), and Plaintiffs' response is

10 due on August 29, 2008. The parties believe the case can be resolved after the USCIS has a 11 chance to review the evidence. Since the response to the RFE is due on August 29, 2008, the 12 parties also request that the case management conference scheduled for August 1, 2008 be vacated 13 If the case cannot be resolved, the parties will file a briefing schedule on the parties' cross-

14 motions for summary judgment, and schedule a case management conference and hearing date. 15 16 17 18 18. Trial: The parties do not anticipate the need for a trial in this case. 19. Disclosure of Non-party Interested Entities or Persons: The parties' intend to file the "Certification of Interested Entities or Persons" required by Civil

19 Local Rule 3-16. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 Joint Case Management Statement C08-2207 SC 3

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20. Such other matters as may facilitate the just, speedy and inexpensive disposition of this

2 matter. 3 None. Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney

4 Dated: July 25, 2008 5 6 7 8 9 10 11 Dated: July 25, 2008 12 13 14

/s/ ILA C. DEISS1 Assistant United States Attorney Attorney for Defendants

/s/ FRANK P. SPROULS Attorney for Plaintiff

ORDER 15 Pursuant to stipulation, IT IS SO ORDERED. 16 17 18 Date: 19 20 21 22 23 24 25 26 27 28 I, Ila Deiss, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document. Joint Case Management Statement C08-2207 SC
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SAMUEL CONTI United States District Judge

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