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

Case 3:07-cv-02947-MEJ

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Filed 09/14/2007

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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 ILA C. DEISS, NY SBN 3052909 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 12 13 14 15 16 17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Joint Case Management Conference Statement C07-2947 SC 1 ) ) No. C 07-2947 SC Plaintiff, ) ) v. ) JOINT CASE MANAGEMENT ) STATEMENT and [Proposed] ORDER ALBERTO GONZALES, United States Attorney ) General; et al., ) ) Defendants. ) ) JIAN JIN, 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169

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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.

3 § 1361. The parties do not dispute that venue is proper in this district. No issues exist regarding 4 personal jurisdiction or venue, and no parties remain to be served. 5 6 2. Facts: The plaintiff filed a Form I-485 application to adjust his status to lawful permanent resident

7 with the United States Citizenship and Immigration Services (USCIS) on or about July 29, 2005. 8 The USCIS has not yet adjudicated the Form I-485 application. His name check is still pending 9 with the FBI. The plaintiff filed an action on June 6, 2007, seeking an order from this Court 10 directing USCIS to adjudicate his Form I-485 application. 11 12 3. Legal Issues: Whether this Court should dismiss Plaintiff's action against certain defendants for lack of

13 subject matter jurisdiction. 14 Whether USCIS has unreasonably delayed adjudication of Plaintiff's adjustment of status

15 application. 16 17 18 19 20 21 22 23 4. Motions: The parties intend to file cross-motions for summary judgment. 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

24 this case. 25 26 27 28 8. Discovery: The parties do not intend to take any discovery at this time. 9. Class Actions: N/A Joint Case Management Conference Statement C07-2947 SC 2

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10. Related Cases: The parties are not aware of any related case or cases. 11. Relief: The plaintiff asks this Court to direct USCIS to adjudicate his Form I-485 application. 12. Settlement and ADR: The Court granted the parties' joint request for an exemption from the ADR process on

7 September 4, 2007. 8 9 10 11 13. Consent to Magistrate Judge for All Purposes: The parties consent to a magistrate judge. 14. Other References: The parties do not believe that this case is suitable for reference to binding arbitration, a

12 special master, or the Judicial Panel on Multidistrict Litigation. 13 14 15. Narrowing of Issues: The parties do not believe that the issues can be narrowed by agreement or by motion, and do

15 not have suggestions to expedite the presentation of evidence at trial (e.g. through summaries or 16 stipulated facts), and any request to bifurcate issues, claims or defenses. 17 18 19 20 16. Expedited Schedule: The parties believe this case can be resolved on cross-motions for summary judgment. 17. Scheduling: The parties propose the following schedule on the parties' cross-motions for summary

21 judgment: 22 23 24 25 26 27 28 Cross-Motions for Summary Judgment: Cross-Oppositions: Hearing: 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 Joint Case Management Conference Statement C07-2947 SC 3 October 26, 2007 November 9, 2007 November 30, 2007, 10:00 a.m.

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1 Local Rule 3-16. 2 20. Such other matters as may facilitate the just, speedy and inexpensive disposition of this

3 matter. 4 None. Respectfully submitted, SCOTT N. SCHOOLS United States Attorney /s/ ILA C. DEISS Assistant United States Attorney Attorneys for Defendants

5 Date: September 14, 2007 6 7 8 9 10 11 12 Date: September 14, 2007 13 14 15 16

/s/ YEVGENIY CHECHENIN Attorney for Plaintiff

CASE MANAGEMENT ORDER The Joint Case Management Statement and Proposed Order are hereby adopted by the

17 Court as the Case Management Order for the case, and the parties are ordered to comply with this 18 Order. 19 20 Date: 21 22 23 24 25 26 27 28 Joint Case Management Conference Statement C07-2947 SC 4 SAMUEL CONTI United States District Judge