Free Joint Case Management Statement - District Court of California - California

Case 3:07-cv-04350-JL

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1 SCOTT N. SCHOOLS, SC SBN 9990 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division MELANIE L. PROCTOR, CSBN 228971 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 LYUBOV MOROZOVA, 12 13 14 v. Plaintiff, ) ) No. C 07-4350 JL ) ) ) ) JOINT CASE MANAGEMENT ) STATEMENT; PROPOSED ORDER ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6730 FAX: (415) 436-6927

15 Department of Homeland Security, MICHAEL CHERTOFF, Secretary; United States 16 Citizenship and Immigration Services, et al. 17 18 19 Defendants. ________________________________________)

The parties hereby submit the Joint Case Management Statement. The parties respectfully ask the

20 Court to adopt the Statement without need for a Case Management Conference. 21 1. Jurisdiction and Service: There are no issues concerning personal jurisdiction or venue. Plaintiff

22 brought this Complaint under 28 U.S.C. §§ 1331 and 1361, the Administrative Procedure Act, and 8 23 U.S.C. §§ 1421 and 1447(b). All parties have been served. 24 2. Facts: On September 1, 2005, Plaintiff applied for naturalization. On January 27, 2006, Plaintiff

25 was interviewed by the U.S. Citizenship and Immigration Services. Plaintiff's name check is still 26 pending with the Federal Bureau of Investigation. On August 23, 2007, Plaintiff filed the instant 27 Complaint. 28 3. Legal Issues: The principal legal issue the parties dispute is whether the Court should render a
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1 decision on his naturalization application in the absence of a completed name check. 2 3 4 5 4. Motions: None. 5. Amendment of Pleadings: None. 6. Evidence Preservation: None. 7. Disclosures: The parties agree that this Court's review will be confined to the administrative

6 record and therefore this proceeding is exempt from the initial disclosure requirements under Fed. R. 7 Civ. P. 26. 8 8. Discovery: There has been no discovery to date and the parties believe this matter can be

9 resolved without discovery. No experts will be designated. 10 11 12 9. Class Actions: Not applicable. 10. Related Cases: None. 11. Relief: Plaintiff asks that the Court hear his case and render a declaratory judgment that he is

13 entitled to be naturalized. This case does not involve damages. 14 12. Settlement and ADR: The parties filed a Joint Request to Be Exempt From Formal ADR on

15 November 16, 2007. 16 13. Consent to Magistrate Judge for All Purposes: The parties have consented to assignment of this

17 case to a United States Magistrate Judge. 18 19 20 21 22 23 24 14. Other References: None. 15. Narrowing of Issues: None. 16. Expedited Schedule: The parties believe this matter can be solved through motions. 17. Scheduling: The parties suggest the following dates: Last day for Defendants to file Motion to Remand: Last day for Plaintiff to file Opposition: Last day for Defendants to Reply, if any: February 6, 2008 February 20, 2008 February 27, 2008

25 The parties request the Court to take the matter under submission without oral argument. Should the 26 Court prefer a hearing, the parties suggest March 12, 2008, at 9:30 a.m. 27 18. Trial: Should the Court deny the motion to remand, the parties request the court to schedule

28 a further case management conference to schedule a hearing date on Plaintiff's application for
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1 naturalization. 2 3 19. Disclosure of Non-party Interested Entities or Persons: None. 20. Such other matters as may facilitate the just, speedy and inexpensive disposition of this matter:

4 None. 5 6 7 8 9 10 Dated: January 3, 200 11 12 13 14 CASE MANAGEMENT ORDER The Case Management Conference is hereby VACATED. The Joint Case Management Statement /s/ CARRIE ROSENBAUM Attorney for Plaintiff /s/ MELANIE L. PROCTOR1 Assistant United States Attorney Attorneys for Defendants Dated: January 3, 2008 Respectfully submitted, SCOTT N. SCHOOLS United States Attorney

15 and Proposed Order are hereby adopted by the Court as the Case Management Order for the case, and 16 the parties are ordered to comply with this Order. The Motion to Remand shall be taken under 17 submission at the close of the briefing schedule. 18 IT IS SO ORDERED. JAMES LARSON United States Magistrate Judge

19 Date: 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 I, Melanie L. Proctor, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.
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ALTERNATE CASE MANAGEMENT ORDER The Case Management Conference is hereby VACATED. The Joint Case Management Statement

3 and Proposed Order are hereby adopted by the Court as the Case Management Order for the case, and 4 the parties are ordered to comply with this Order. The Motion to Remand shall be heard on 5 March 12, 2008, at 9:30 a.m. 6 IT IS SO ORDERED. JAMES LARSON United States Magistrate Judge

7 Date: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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