Case: Akhtar v. Burzynski

Burhan Akhtar v. Michael D. Hestor

Akhtar v. Heston

Akhtar v. Burnzynski

Akhtar v. Burnzynski

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT filed; 60 days Summons(es) issued referred to Discovery Arthur Nakazato (mt) (Entered: 03/15/2002)

CERTIFICATION AS TO INTERESTED PARTIES filed by plaintiffs (mt) (Entered: 03/15/2002)

FIRST AMENDED COMPLAINT [1-1] by plaintiffs Burhan Akhtar, Rechy Monzon Sese; adding Emerson Angeles. Summons not issued (mg) (Entered: 04/23/2002)

RETURN OF SUMMONS AND PROOF OF SERVICE executed upon defendant John Ashcroft, Attorney General of the United States by serving S/C to Laura Villa, Process Clerk; and defendant The INS by serving S/C to Kevin Riley, District Counsel; Service by Federal on 4/10/02 via personal service. Via cert mail to John Ashcroft on 4/4/02; original rtn rct card signed for by Ernest Parker on 4/16/02 is attached (mg) Modified on 05/09/2002 (Entered: 05/09/2002)

RETURN OF SUMMONS AND PROOF OF SERVICE executed upon defendants Michael D Heston, Director of the INS & James W. Ziglar, Commissioner of the INS; by Federal on 4/4/02 via cert mail by serving S/C. Original rtn rct card addressed to Michael D. Heston, signed for by D. Goss on 4/8/02 is attached. Original rtn rct card addressed to James W. Ziglar, signed for by M. Reed (undated) is attached (mg) (Entered: 05/09/2002)

NOTICE OF MOTION AND MOTION by Federal defendants Michael D Heston, et al to dismiss ; memo of P&A; motion hearing set for 8:30 7/22/02 (mt) (Entered: 06/12/2002)

NOTICE OF MOTION AND MOTION by Federal defendants Michael D Hestor et al, to transfer case to the Western District of Missouri ; memo of P&A with exhibits; motion hearing set for 8:30 7/22/02 (mt) (Entered: 06/25/2002)

OPPOSITION by plaintiff to motion to transfer case to the Western District of Missouri [7-1] (csb) (Entered: 07/05/2002)

OPPOSITION by plaintiffs to Dfts' motion to dismiss [5-1]; motion to substitute ptys under FRCP 25(D); memo of P/A; Decl of Robert J Dupont (mg) (Entered: 07/09/2002)

REPLY BRIEF by Federal defendants re motion to dismiss [5-1] (mt) (Entered: 07/16/2002)

REPLY BRIEF by Federal defendants re motion to transfer case to the Western District of Missouri [7-1] (mt) (Entered: 07/16/2002)

MINUTES (In Chambers) by Judge David O. Carter: taking Federal dfts motions to dismiss [5-1] and to transfer case to Western District of Missouri [7-1] under submission. Hrg set for 7/22/02 is removed from the crt's cal. Ptys will be srvd w/the crt's ruling. CR: Not Present (mt) (Entered: 07/22/2002)

ORDER by Judge David O. Carter setting scheduling conf for 8:30am on 10/7/02 READ IMMEDIATELY (see doc for specifics) (mt) (Entered: 07/25/2002)

MINUTES (in chambers): denying dfts' motion to transfer case to the Western District of Missouri [7-1] & denying dfts' motion to dismiss [5-1]; plfs' 2nd A/C is ord filed; the ptys shall file any intended motionso for summ jgm w/in 30 days of the date of this ord; by Judge David O. Carter CR: not present (rmi) (Entered: 07/26/2002)

SECOND AMENDED COMPLAINT [3-1] by plaintiff terminating defendant Michael D Hestor; adding dft James J Burzynski. Summons not issued (mt) (Entered: 07/28/2002)

NOTICE OF MOTION by plaintiffs Burhan Akhtar, Rechy Monzon Sese, Emerson Angeles for summary judgment ; motion hearing set for 8:30 9/30/02 (yc) (Entered: 08/27/2002)

DECLARATION of Robert J Dupont by plaintiffs Burhan Akhtar, Rechy Monzon Sese, Emerson Angeles in suppt of motion for summary judgment [16-1] (yc) (Entered: 08/28/2002)

MEMORANDUM of PA by plaintiffs Burhan Akhtar, Rechy Monzon Sese, Emerson Angeles in support of motion for summary judgment [16-1] (yc) (Entered: 08/28/2002)

NOTICE OF MOTION AND MOTION by defendant James J Burzynski for summary judgment ; motion hearing set for 8:30 9/30/02 (yc) (Entered: 08/28/2002)

EX PARTE APPLICATION filed by Federal defendants for an order (1) cont 9/30/02 hrgs on plfs' & dfts' mots for S/J; (2) cont FRCP 26(f) conf; Rule 16(b) conf; & ext rule 26(f) rpt filing ddl ; memo of P&A; decls; & exhibits (mt) (Entered: 09/16/2002)

ORDER by Judge David O. Carter: granting ex parte application for an order (1) cont 9/30/02 hrgs on plfs' & dfts' mots for S/J; (2) cont FRCP 26(f) conf; Rule 16(b) conf; & ext rule 26(f) rpt filing ddl [20-1]; resetting hearing on motion for summary judgment [16-1] and [19-1] to 8:30 10/21/02; mandatory status/scheduling conf cont to 8:30 12/2/02 ; dfts' & plfs' opposition for summ jgm to be filed & served by 10/7/02; dft's & plf's reply to be filed & served by 10/14/02; conf deadline cont to date w/in 30 days after Crt rules on ptys mots; report shall be filed nlt 44 days after Crt's decision on ptys mots; (see doc for fur specifics) (ln) (Entered: 09/17/2002)

NOTICE OF NON-OPPOSITION filed by plaintiffs to dft's appl for an ord cont the 9/30/02 hrg on plfs' and dfts' motions for summary judgment (mt) (Entered: 09/20/2002)

OPPOSITION by plaintiffs to dft's motion for summary judgment [19-1] (mt) (Entered: 10/15/2002)

STATEMENT disputed facts and conclusions of law by plaintiffs in suppt of plfs' opp to dfts' motion for summary judgment [19-1] (mt) (Entered: 10/15/2002)

OPPOSITION by defendants to plfs' motion for summary judgment [16-1] (mt) (Entered: 10/15/2002)

STATEMENT of genuine issues of material fact by defendants (mt) (Entered: 10/15/2002)

REPLY BRIEF by defendant James J Burzynski (mt) (Entered: 10/21/2002)

REPLY by plaintiffs in suppt of plf's motion for summary judgment [16-1]; memo of P&A (mt) (Entered: 10/22/2002)

OBJECTION filed by Federal defendants to plfs' req to submit additional legal materials at the hearing on the parties' motion for summary judgment (mt) (Entered: 10/25/2002)

JGM GRANTING DFT'S MOT FOR SUMM JGM by Judge David O. Carter: dft's mot having come on regularly for hrg on 10/21/02 & in accordance w/Crt's Ord on 10/21/02, granting dft's motion for summary judgment [19-1]; terminating case (MD JS-6) (see doc for specifics) (ln) (Entered: 10/22/2002)

ORDER DENYING PLF'S MOT FOR SUMM JGM & GRANTING DFT'S MOT FOR SUMM JGM by Judge David O. Carter: denying plf's motion for summary judgment [16-1], granting dft's cross-motion for summary judgment [19-1] (see doc for fur specifics) (ln) (Entered: 10/22/2002)

PLACED IN FILE - NOT USED lodged stmt of U/F & conclusions of law (mt) (Entered: 10/28/2002)

PLACED IN FILE - NOT USED lodged prop decl & inj ord of the crt (mt) (Entered: 10/28/2002)

PLACED IN FILE - NOT USED lodged plf's separate stmt of U/F & conclusions of law in suppt of ntc of mot & mot for S/J (mt) (Entered: 10/28/2002)

MINUTES OF MOTION HEARING held by Judge David O. Carter: Tentative ruling issued to cnsl, a copy of which is attached hereto. Motion by Federal dfts for summary judgment [19-1]; motion by plfs for summary judgment [16-1] taken under submission. CR: Jane Sutton (mt) (Entered: 10/29/2002)

NOTICE OF APPEAL by plaintiff Burhan Akhtar, plaintiff Rechy Monzon Sese, plaintiff Emerson Angeles to 9th C/A from Dist. Court Ord fld 10/21/02 [30-1], Jgm fld 10/21/02 [29-2] (cc: Robert J. Dupont; AUSA ) Fee: Billed (weap) (Entered: 11/25/2002)

REPRESENTATION STATEMENT re appeal [33-1] (pjap) (Entered: 12/02/2002)

TRANSCRIPT DESIGNATION and ordering form for dates: 10/21/02 CR: Jane Sutton (dlu) (Entered: 12/03/2002)

Appeal Fee Paid re [33-1] fee in amount of $ 105.00 (Receipt # 28209) (dlu) (Entered: 12/09/2002)

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [33-1] 02-57037 (weap) (Entered: 12/12/2002)

EX PARTE APPLICATION filed by plaintiffs to shorten time to 2/3/03 for hearing on motion for stay of adverse administrative actions & injunction against detention & commencement of deportation proceedings pending appeal [37-1] (mg) (Entered: 02/04/2003)

OPPOSITION by defendants to ex parte application to shorten time to 2/3/03 for hearing on motion for stay of adverse administrative actions & injunction against detention & commencement of deportation proceedings pending appeal [37-1] [39-1] (mg) (Entered: 02/04/2003)

MOTION by plaintiffs for stay of adverse administrative actions & injunction against detention & commencement of deportation proceedings pending appeal ; motion hearing set for 8:30 2/12/03; Lodged 1/30/03 (mg) (Entered: 02/04/2003)

NOTICE OF motion to hear Plaintiff's motion for stay of adverse administrative actions & injunction against detention & commencement of proceedings pending appeal [37-1] filed by plaintiffs (mg) (Entered: 02/04/2003)

MINUTES (In Chambers) by Judge David O. Carter: granting plf Akhtar's ex parte application to shorten time on motion for stay [39-1]; Court GRANTS the application as to plf Akhtar, but DENIES the application as to plfs Sese and Emerson (see doc for specifics); Court sets hearing on plf Akhtar's motion for stay of adverse administrative actions & injunction against detention & commencement of deportation proceedings pending appeal [37-1] for 8:00am on 2/12/03. CR: Not Present (mt) (Entered: 02/05/2003)

DENIED BY ORDER of Judge David O. Carter: [Proposed] Ord Granting Mot for Stay of Adverse Administrative Actions & Injunction Against Detention and Commencement of Deportation Proceedings Pending Appeal; lodged 01/30/03 (ln) (Entered: 02/13/2003)

PLACED IN FILE - NOT USED [Proposed] Order Granting Plaintiff's Ex Parte Appication to Shorten Time to Hear Plaintiff's Motion (tso) (Entered: 02/16/2003)

MINUTES of motion hearing heald by Judge David O. Carter: Motion by plf Burhan Akhtar for stay of adverse administrative actions & injunction against detention & commencement of deportation proceedings pending appeal [37-1] is DENIED as premature. Court lacks jurisdiction to decide this matter. CR: Jane Sutton (mt) (Entered: 02/16/2003)

MANDATE of 9th CCA filed as to Appeal to Circuit Court [33], CCA # 02-57037. The judgment of said district court is reversed and remanded. Mandate received in this district on 12/1/04. (ghap, ) Modified on 12/2/2004 (ghap, ). (Entered: 12/02/2004)

NOTICE OF MOTION AND MOTION for Attorney Fees filed by plaintiffs Motion set for hearing on 2/7/2005 at 08:30 AM before Honorable David O. Carter. (dmjr, ) (Entered: 12/07/2004)

NOTICE of hearing on judgment/mandate/order from US Court of Appeals on 1/24/05 8:30am before Judge Carter (dmjr, ) (Entered: 12/28/2004)

Set Hearings: hearing on 9th CCA mandate set for hearing on 1/24/2005 at 08:30 AM before Honorable David O. Carter. (dmjr, ) (Entered: 12/29/2004)

STATUS REPORT filed by Defendants Immigration and Naturalization Service, James Ziglar, John Ashcroft, James J Burzynski. (dmjr, ) (Entered: 01/26/2005)

ORDER by Judge David O. Carter re: further proceedings(dmjr, ) (Entered: 01/26/2005)

MINUTES OF Hearing held before Judge David O. Carter order re further proceedings filed:, denying MOTION for Attorney Fees[46] Court Reporter: D Gale/J S Rule. (dmjr, ) (Entered: 01/26/2005)