Case: Ngwanyia v. Ashcroft

Ngwanyia v. Gonzales

COMPLAINT − Summons issued. Assigned to Judge Richard H. Kyle per Master list and referred to Magistrate Judge John M. Mason, rcpt no 421940 63pg(s) (DFL) (Entered: 03/06/2002)

PRO HAC VICES SENT to out of state attorneys: Nadine K. Wettstein, J Traci Hong, Mary Kenney and Iris Gomez (DFL) (Entered: 03/06/2002)

COPIES OF SUMMONSES AND RETURNS OF SERVICE mailed by certified mail upon defendant John Ashcroft, defendant James W Ziglar, defendant INS and U.S. Attorney on 3/5/02 6pg(s) (DFL) (Entered: 03/11/2002)

PETITION AND ORDER for admission pro hac vice ( Clerk Richard D. Sletten ) on behalf of plaintiffs by NadineK. Wettstein 1pg(s) (DFL) (Entered: 04/16/2002)

PETITION AND ORDER for admission pro hac vice ( Clerk Richard D. Sletten ) on behalf of plaintiffs by J. Traci Hong 1pg(s) (DFL) (Entered: 04/16/2002)

PETITION AND ORDER for admission pro hac vice ( Clerk Richard D. Sletten ) on behalf of plaintiffs by Mary A. Kenney 1pg(s) (DFL) (Entered: 04/16/2002)

JOINT MOTION to extend time to answer or otherwise respond to Pltfs' complaint (to Magistrate Judge John M. Mason) 3pg(s) (GJS) (Entered: 05/02/2002)

PETITION AND ORDER for admission pro hac vice ( Clerk Richard D. Sletten ) on behalf of John Ashcroft by Greg D Mack. 1 pg(s) (VEM) (Entered: 05/02/2002)

ORDER (Magistrate Judge John M. Mason / 5/3/02) granting motion to extend time to answer or otherwise respond to Pltfs' complaint [8−1] 1pg(s) (cc: all counsel) (GJS) (Entered: 05/07/2002)

ANSWER by defendants 26pg(s) (GJS) (Entered: 05/29/2002)

LETTER RE: SVC OF DISPOSITIVE MOTION PAPERS by defendants to transfer case (to Judge Richard H. Kyle) 2pg(s) (GJS) (Entered: 06/17/2002)

NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE ( Clerk Richard D. Sletten /) Case referred to Magistrate Judge Arthur J. Boylan 1 pg(s) (cc: all counsel) (VEM) (Entered: 06/19/2002)

MOTION by defendants to transfer case (to Judge Richard H. Kyle) 3pg(s) (GJS) (Entered: 07/16/2002)

MEMORANDUM in support of motion to transfer case [13−1] 10pg(s) (GJS) (Entered: 07/16/2002)

EXHIBITS IN SUPPORT OF DEFENDANTS' MOTION TO TRANSFER [13−1] 2+pg(s) (GJS) (Entered: 07/16/2002)

MEMORANDUM by plaintiffs in opposition to motion to transfer case [13−1] 11pg(s) (GJS) (Entered: 07/16/2002)

MOTION by plaintiffs to certify class action ( to Judge Richard H. Kyle ). 5 pg(s) (JVN) Modified on 07/25/2002 (Entered: 07/25/2002)

MEMORANDUM by plaintiffs in support of motion to certify class action. [17−1] 17 pg(s) (JVN) (Entered: 07/25/2002)

EXHIBITS by plaintiffs in support of motion for class certification. [17−1] 70+ pg(s) (JVN) Modified on 07/25/2002 (Entered: 07/25/2002)

ORDER (Judge Richard H. Kyle / 7/29/02) The Court will hear oral argument on the pending motion to transfer and resolve that motion before scheduling the motion for class certification. If the mtn to transfer is granted the class certification motion will also be transferred. The Defendants ahll serve a reply memorandum with respect to the motion to transfer. Counsel are directed to contact Ms. Siebrecht to secure a date for the Reply Mrmorandum and a hearing date for the motion to transfer 1pg(s) (cc: all counsel) (GJS) (Entered: 07/30/2002)

MEMORANDUM by defendants in opposition to motion to certify class action [17−1] 16pg(s) (SEA) (Entered: 08/06/2002)

REPLY by plaintiffs to defts' opposition to pltf's motion to certify class action. [17−1] 7 pg(s) (VEM) (Entered: 08/08/2002)

REPLY by defendant to Plaintiff's Oppositon to Defendant's motion to transfer case [13−1] 6pg(s) (GJS) (Entered: 08/10/2002)

CORRECTION TO MEMORANDUM by plaintiff in opposition to motion to transfer case. [13−1] 2+ pg(s) (VEM) (Entered: 08/14/2002)

ORDER ( Judge Richard H. Kyle ) the 9/13/02 hearing is canceled and the motion to transfer is deemed submitted upon the writeen record. [13−1] 1 pg(s) (cc: all counsel) (VEM) (Entered: 08/30/2002)

MOTION by plaintiff to amend complaint.( to Magistrate Judge Arthur J. Boylan ) 3+ pg(s) (VEM) (Entered: 10/17/2002)

MEMORANDUM, OPINION, AND ORDER: ( Judge Richard H. Kyle /) Defts' motion to transfer case is denied. [13−1] 7 pg(s) (cc: all counsel) (VEM) (Entered: 10/17/2002)

NOTICE of setting hearing of Pltf's motion to certify class action to Judge Richard H. Kyle [17−1] at 9:00 am on 11/26/02. 1 pg(s) (VEM) (Entered: 10/23/2002)

ORDER ( Magistrate Judge Arthur J. Boylan)Pltfs' motion to amend complaint granted and directs that the first amended complaint be filed. [27−1] 1 pg(s) (cc: all counsel) (VEM) (Entered: 10/24/2002)

UNOPPOSED MOTION by defendants for an extension of time to file an amended answer or other response to Pltfs' first amended complaint. ( to Magistrate Judge Arthur J. Boylan ) 3 pg(s) (VEM) (Entered: 11/04/2002)

ORDER ( Magistrate Judge Arthur J. Boylan ) Defts shall be granted an extension of time until 11/13/02 to file an amended answer or otherwise response to Pltfs' first amended complaint. [31−1] 1pg(s) (cc: all counsel) (VEM) (Entered: 11/04/2002)

ADDENDUM by plaintiffs to First Amended Complaint for Declaratory, Mandamus and Injunctive Relief Class Action 8pg(s) (GJS) (Entered: 11/16/2002)

ANSWER by defendant John Ashcroft, defendant James W Ziglar, defendant INS 32pg(s) (GJS) (Entered: 11/16/2002)

MINUTES:( Judge Richard H. Kyle / R. Riley) taking under advisement Pltf's motion to certify class action. [17−1] 1 pg(s) (VEM) (Entered: 12/04/2002)

AMENDED COMPLAINT [1−1] by plaintiff; terminating Fuad Sumo, Salah Farah, Fakmi Hysenaj, Jaci Caetano Pereira, Arslan Durrani, Stella Emuwahen Erhabor, Patrick Davies, Vera Catalina Castillo Ramirez, Akbar L Ng, Dieuzeve Joseph; adding Vladimir Kashirsky, Susan Y Pafe, Kuevir Rafou Ekue−Hettah, Oleg Averianov, Sokhavuddh Moeun, Miguel Candido Silvestre Montejo, Didace Nzeyimana, Dieulila Vil, Bassam Hantouli, Pavel E Gubanikhin, Bineyam Kassahun, Issette Kassahun, Alexander Marfo, Tareq M Dreiza, Toko Maurice Mbungu, Arturo Javier Reynoso Madrigal, Djavanshir Gradjiev, Sonia S Santisteban, Gerardo R. Vidal Sic, Samon Som. 70 pg(s) (VEM) Modified on 8/11/2004 (vem). (Entered: 12/05/2002)

MEMORANDUM, OPINION, AND ORDER: ( Judge Richard H. Kyle / 1/14/03) granting Plaintiff's motion to certify class action [17−1] 13pg(s) (cc: all counsel) (GJS) (Entered: 01/17/2003)

NOTICE OF PRETRIAL CONFERENCE( Magistrate Judge Arthur J. Boylan / 1/28/03) ; pretrial status conference set for 10:00am on 3/4/03 ; Rule report ddl set for 2/24/03 1pg(s) (cc: all counsel) (GJS) (Entered: 01/30/2003)

REPORT OF RULE 26(f) MEETING 8pg(s) (GJS) (Entered: 02/26/2003)

MOTION by defendant John Ashcroft to extend time to file a response to the notice of pretrial conference (to Magistrate Judge Arthur J. Boylan 5pg(s) (GJS) (Entered: 02/26/2003)

ORDER ( Magistrate Judge Arthur J. Boylan ) that Defts shallhave until 2/26/03 to file a memorandum or other response to the notice of pretrial conference. [40−1] 1 pg(s) (cc: all counsel) (VEM) (Entered: 02/28/2003)

PRETRIAL SCHEDULING ORDER (Magistrate Judge Arthur J. Boylan / 3/4/03) ; amd pleadings set for 9/1/03 ; discovery set for 10/1/03 ; non−dispositive motions set for 10/1/03 ; dispositive motions set for 12/1/03 ; ready for trial set for 3/1/04 2pg(s) (cc: all counsel) (GJS) (Entered: 03/06/2003)

LETTER RE: SVC OF DISPOSITIVE MOTION PAPERS by plaintiff for partial summary judgment. SVRLTE. ( to Judge Richard H. Kyle ) 2 pg(s) (VEM) (Entered: 08/07/2003)

MOTION by plaintiffs for partial summary judgment.( to Judge Richard H. Kyle ) 5 pg(s) (VEM) Modified on 10/29/2003 (Entered: 09/19/2003)

PETITION AND ORDER for admission pro hac vice (Clerk Richard D. Sletten) on behalf of defendant The Department of Homeland Security by Jennifer L Lightbody 1pg(s) (cc: all counsel) (BLW (Entered: 08/07/2003)

UNOPPOSED MOTION by defendants' for extension of time to file a response to pltfs' motion for partial summary judgment until 9/10/03 (to Judge Richard H. Kyle) no date/time noticed 3pg(s) (BLW (Entered: 08/26/2003)

ORDER (Magistrate Judge Arthur J. Boylan / 8/25/03) granting defts' unopposed motion for extension of time to file a response to pltfs' motion for partial summary judgment until 9/10/03 [46−1] pg(s) (cc: all counsel) (BLW (Entered: 09/02/2003)

JOINT MOTION of the parties to amend the pretrial scheduling order (to Magistrate Judge Arthur J. Boylan) 5pg(s) (BLW (Entered: 09/04/2003)

AMENDED SCHEDULING ORDER (Magistrate Judge Arthur J. Boylan / 9/3/04) ; amd pleadings &parties by 9/15/03 ; discovery completed by 10/15/03 ; dispositive motions served, filed and heard by 1/1/04 ; ready for trial set on 4/1/04 2pg(s) (cc: counsel) (BLW (Entered: 09/09/2003)

CROSS MOTION by defendant to dismiss in part ) , or in the alternative for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment ( to Judge Richard H. Kyle ). 4 pg(s) (HLL) Modified on 09/11/2003 (Entered: 09/11/2003)

MEMORANDUM by defendants in support of cross motion to dismiss in part ) [50−1], or in the alternative to motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment. [50−2] 45 pg(s) (HLL) (Entered: 09/11/2003)

EXHIBITS by defendant [50−1], [50−2] in support of defendants' motion to dismiss in part or, in the alternative, for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment. 64 pg(s) (HLL) (Entered: 09/11/2003)

MOTION by defendant for order to exceed page limitations( to Judge Richard H. Kyle ). 4 pg(s) (HLL) (Entered: 09/11/2003)

MOTION by defendants for leave to file correct exhibits ( to Judge Richard H. Kyle ). 4 pg(s) (HLL) (Entered: 09/15/2003)

MEMORANDUM by plaintiff in support of motion for partial summary judgment. [57−1] 31 pg(s) (VEM) (Entered: 09/19/2003)

EXHIBITS by plaintiff in connection with Petitioner's mtoion for summary judgment. [57−1] 60 pg(s) (VEM) (Entered: 09/19/2003)

NOTICE REGARDING SUBSTITUTION OF PARTIES by defendants 4pg(s) (GJS) (Entered: 09/18/2003)

ORDER ( Judge Richard H. Kyle / 9/15/03) granting motion for order to exceed page limitations by Defendants. [53−1] 1pg(s) (cc: all counsel) (GJS) (Entered: 09/18/2003)

CORRECTED EXHIBITS by defendant in support of motion to dismiss [50−1]. 57pg(s) (GJS) (Entered: 09/29/2003)

ORDER (Magistrate Judge Arthur J. Boylan / 10/3/03) granting pltfs' unopposed motion to extend briefing schedule, Re: plaintiffs' motion for partial summary judgment and defendants' cross motion to dismiss or for summary judgment and pltfs' shall have until 10/10/03, to file their response [61−1] 1pg(s) (cc: all counsel) (BLW (Entered: 10/06/2003)

RESPONSE/REPLY BRIEF by plaintiff to deft's opposition to pltf's motion for partial summary judgment [57−1] and deft's cross−motion for dismissal or summary judgment. [50−1] 16 pg(s) (HLL) (Entered: 10/14/2003)

REPLY by defendants to Plaintiff's response to Defendants Oppositon to Plaintiffs' motion for Partial Summary Judgment and Defendants Cross Motion for Dismissal in part or partial summary judgment [63−1]. 13pg(s) (GJS) (Entered: 10/22/2003)

REPLY by defendants to Plaintiffs' Response/Reply to motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment [50−2], to motion to dismiss in part)[50−1]. 12 pg(s) (GJS) (Entered: 10/24/2003)

MEMORANDUM by plaintiffs in support of motion for partial summary judgment. [57−1] 31pg(s) (DFL) (Entered: 10/29/2003)

EXHIBITS by plaintiffs in support of motion for partial summary judgment. [57−1] (DFL) (Entered: 10/29/2003)

SECOND MOTION by plaintiffs for partial summary judgment on Claims IV, V, and VI of their Complaint. ( to Judge Richard H. Kyle ). 5 pg(s) (HLL) (Entered: 10/29/2003)

CORRECTED MEMORANDUM by plaintiff in support of second motion for partial summary judgment on Claims IV, V, and VI of their [68−1] 30 pg(s) (HLL) (Entered: 10/29/2003)

NOTICE OF MOTION HEARING. The Motions are re−scheduled to 12/10/03 at 8:00 a.m. before Judge Richard H. Kyle. Motions were previously scheduled for hearing on 12/9/03. 1 pg(s) (cc:all counsel) (HLL) Additional attachment(s) added on 10/22/2004 (akl). (Entered: 11/04/2003)

NOTICE OF ASSIGNMENT OF CASES FOR TRIAL BEFORE JUDGE KYLE (Calendar Clerk for Judge Richard H. Kyle / 11/12/03) ; deemed ready for court trial 4/1/04 6pg(s) (cc: all counsel) (BLW Additional attachment(s) added on 10/22/2004 (akl). (Entered: 11/15/2003)

NOTICE OF VOLUNTARY DISMISSAL by plaintiff Kuevir Rafou Ekue−Hettah. 1pg(s) (GJS) (Entered: 11/24/2003)

NOTICE of hearing setting hearing for motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment ( to Judge Richard H. Kyle ). [50−2] at <date not set>, setting hearing for motion for partial summary judgment on Claims IV, V, and VI of their Complaint. ( to Judge Richard H. Kyle ). [68−1] at <date not set> pg(s) (GJS) (Entered: 11/24/2003)

NOTICE of hearing setting hearing for motion for partial summary judgment on Claims IV, V, and VI of their Complaint. [68−1] and setting hearing for motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment [50−2] at 8:00am on 1/12/04 1pg(s) (GJS) Additional attachment(s) added on 10/22/2004 (akl). (Entered: 11/24/2003)

MOTION by defendants John Ashcroft, James W Ziglar, and INS for partial summary judgment ( to Judge Richard H. Kyle ) 3pg(s) (GJS) Modified on 12/12/2003 (Entered: 12/09/2003)

RESPONSE by defendant John Ashcroft, defendant James W Ziglar, defendant INS to motion for partial summary judgment on Claims IV, V, and VI of their Complaint.[68−1] 25pg(s) (GJS) Modified on 12/12/2003 (Entered: 12/09/2003)

REPLY TO DEFENDANTS'S RESPONSE to plaintiff to motion for partial summary judgment on Claims IV, V, and VI of their Complaint. ([68−1], to Defendant's cross− motion for partial summary judgment [75−1]. 22pg(s) (GJS) (Entered: 12/26/2003)

EXHIBITS IN SUPPORT of Reply ReL Second Motion for Partial Summary Judgment [68−1], and cross−motion for partial summary judgment [75−1]. 38pg(s) (GJS) (Entered: 12/26/2003)

NOTICE by plaintiffs of setting hearing for motion for summary judgment to Judge Richard H. Kyle [68−1] at 9:00 am on 1/27/04. 2 pg(s) (VEM) (Entered: 01/11/2004)

ORDER ( Judge Richard H. Kyle / 1/20/04) Defendants shall submit a short reply/respons brief t Plaintiffs' Reply to Defendants Response to Plaintiffs' Second Motion for Partial Summary Judgment and to Defendants' Cross−Motion for Partial Summary Judgment by 12:00pm, January 26, 2003. 2pg(s) (cc: all counsel) ( Additional attachment(s) added on 10/22/2004 (akl). (Entered: 01/21/2004)

REPLY by defendants to plaintiff's response to defendants' cross−motion for partial summary judgment [50−2], and for partial summary judgment. [75−1] 11 pg(s) (HLL) (Entered: 01/28/2004)

DEFENDANTS' STATUS REPORT CONCERNING PROCESSING OF ASYLUM ADJUSTMENT APPLICATIONS. 5 pg(s) (HLL) (Entered: 01/28/2004)

EXHIBITS by defendants in support of reply to plaintiffs' response to defendants' cross−motion for partial summary judgment. [82−1] 31 pg(s) (HLL) (Entered: 01/28/2004)

NOTICE OF ADDITIONAL EXHIBITS by plaintiffs in support of plaintiffs' second motion for partial summary judgment. [68−1] 11 pg(s) (HLL) (Entered: 01/28/2004)

AFFIDAVIT of Mark N. Yeager regarding motion for partial summary judgment on Claims IV, V, and VI of their Complaint. [68−1] 2 pg(s) (HLL) (Entered: 01/28/2004)

MINUTES:( Judge Richard H. Kyle / R. Riley) re: Motion for partial summary judgment [75−1], Motion to dismiss in part [50−1], and Motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment are all taken under advisement. [50−2] 1 pg(s) (JMM) (Entered: 01/28/2004)

ADDITIONAL EXHIBITS by plaintiffs in support of plaintiffs' second motion for partial summary judgment. [68−1] 5 pg(s) (JMM) (Entered: 01/28/2004)

EXHIBITS by defendants in support of the Reply to Defendants Cross−Motion for Partial Summary Judgment. 6pg(s) (GJS) (Entered: 02/02/2004)

ORDER ( Judge Richard H. Kyle / 1/30/04) Re: schedule for submissions materials for April, 2004; certain materials are to be exchanged and filed by 3/16/04; responsive briefs to motions in limine, written objections and replies to trial briefs by 3/23/04 and responses to written objections by 3/30/04. 1pg(s) (cc: all counsel) (DFL) Additional attachment(s) added on 10/22/2004 (akl). (Entered: 02/03/2004)

MEMORANDUM, OPINION, AND ORDER: ( Judge Richard H. Kyle / 2/12/04) granting Plaintiffs' Motion for Partial Summary Judgment {57} denying motion for partial summary judgment [75−1] granting motion for partial summary judgment on Claims IV, V, and VI [68−1], denying motion to dismiss in part ) [50−1] denying motion for partial summary judgment and opposition to plaintiffs' motion for partial summary judgment. [50−2]. this Order is STAYED until time for appealing therefrom has expired, and, if an appeal is taken, the stay is continued throughut the pendency of the appeal. 25 pg(s) (cc: all counsel) (GJS) Additional

NOTICE OF FINAL Settlement Conference set for 3/17/2004 at 02:00 PM before Magistrate Judge Arthur J Boylan. Signed by Judge Arthur J Boylan on 2/19/04. 1pg(s)(GJS) Modified on 4/5/2004 (Schneider, Gloria). (Entered: 02/19/2004)

NOTICE OF CANCELLATION − Settlement Conference set for 3/17/04 at 2:00pm is CANCELED.. Signed by Judge Arthur J Boylan on 3/8/04. 1pg(s)(GJS) (Entered: 03/09/2004)

ORDER that any and all claims not addressed in the Court's Order of February 12, 2004 are hereby DISMISSED WITH PREJUDICE. The Court expressly retains jurisdiction over the remedy set forth in its Order of February12, 2004. Signed by Judge Richard H Kyle on 03/09/2004. Attachments: # 1 Exhibit A.(kll) (Entered: 03/09/2004)

Letter to Judge Kyle from Mary Kenney − Counsel for Plaintiffs, requesting that the current trial date of 4/1/04 be postponed indefinitely. 1pg(s) (GJS) (Entered: 03/09/2004)

MOTION for Post−Judgment Relief re 91 Memorandum Opinion and Order, and 92 Judgment by John Ashcroft, Immigration and Naturalization Service, James W Ziglar. 6pg(s) (GJS) (Entered: 04/19/2004)

MEMORANDUM in Support re 97 MOTION Post−Judgment Relief re 91 Memorandum Opinion and Order, and 92 Judgment . 7pg(s) (GJS) (Entered: 04/19/2004)

NOTICE OF APPEAL to the Eighth Circuit Court of Appeals as to 91 Memorandum Opinion and Order 92 and Judgment, both dated 2/12/04, filed by John Ashcroft, Immigration and Naturalization Service, James W Ziglar. 3pg(s) (GJS) (Entered: 04/19/2004)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 99 Notice of Appeal. Delivered/mailed two certified and one uncertified copy of each of the following to the Court of Appeals: St. Paul Office: Notice of Appeal, Order, Judgment and District Court's Docket Sheet. (GJS) (Entered: 04/19/2004)

Plaintiffs' MEMORANDUM in Opposition re 97 MOTION Post−Judgment Relief re 91 Order and 92 Order. 7pgs (CK) (Entered: 04/23/2004)

REPLY to Response to Motion re 97 MOTION Post−Judgment Relief re 91 filed by Defendants John Ashcroft, Immigration and Naturalization Service, James W Ziglar.6pg(s) (GJS) (Entered: 05/05/2004)

USCA Case Number 04−2170 for 99 Notice of Appeal filed by Immigration and Naturalization Service, John Ashcroft, James W Ziglar. (GJS) (Entered: 05/27/2004)

ORDER − denying post judgment relief (Doc. 97) is denied. Signed by Judge Richard H Kyle on 6/7/04. (ds) (Entered: 06/07/2004)

TRANSCRIPT of Proceedings of Plaintiff's Motion for Partial Summary and Defendants Motion to Dismiss and Motion for Partial Summary Judgment held on January 27, 2004 before Judge Richard H. Kyle. Court Reporter: Robert Riley. (SEPARATE) (GJS) (Entered: 06/29/2004)