Case: Ignatyev v. Chertoff

2:08-cv-01547 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 1, 2008

Closed Date: May 15, 2009

Clearinghouse coding complete

Case Summary

On April 1, 2008, in the U.S. District Court for the Eastern District of Pennsylvania, two named plaintiffs filed a class action complaint against the heads of the U.S. Departments of Homeland Security and of Justice, the directors of the FBI and of U.S. Citizenship and Immigration Services ("USCIS"), and the Philadelphia district's acting district director of USCIS. The plaintiffs alleged they were lawful permanent residents who applied to the USCIS to become naturalized U.S. citizens, but wh…

On April 1, 2008, in the U.S. District Court for the Eastern District of Pennsylvania, two named plaintiffs filed a class action complaint against the heads of the U.S. Departments of Homeland Security and of Justice, the directors of the FBI and of U.S. Citizenship and Immigration Services ("USCIS"), and the Philadelphia district's acting district director of USCIS. The plaintiffs alleged they were lawful permanent residents who applied to the USCIS to become naturalized U.S. citizens, but whose applications had not been adjudicated within six months of their submission because of governmental delay in completing, for each application, a background check referred to as an "FBI name check." According to plaintiffs, a USCIS policy change in November 2002 required, without statutory or regulatory authorization, completion of an expanded FBI name check on every application and the FBI's implementation of that expanded process caused systemic, unnecessary, and prolonged delays in the naturalization process, all without corresponding security or other public benefit. The complaint alleged that the needless delays deprived plaintiffs and their class of the privileges of citizenship in violation of the Administrative Procedure Act ("APA"), 5 U.S.C. § 701 et seq., and the Fifth Amendment's due process clause. Plaintiffs were represented by private counsel and by attorneys from the ACLU of Pennsylvania, the ACLU Immigrants' Rights Project, HIAS & Council Migration Services of Philadelphia, and the National Services Center, Inc.

Citing relevant federal statutes and regulations, the complaint described in detail the process triggered by a naturalization application, including the conduct of three types of government database searches: a "criminal background check," a name check through the Interagency Border Inspection System ("IBIS") database, and the FBI name check. Among the statutes cited, plaintiffs noted that 8 U.S.C. § 1571(b) stated, as the sense of Congress, that an application for naturalization should be completely processed no more than 180 days following its' submission. Applications not finally adjudicated within that time period, according to plaintiffs, were presumptively unreasonably delayed. The named plaintiffs alleged that, in addition to being precluded from participating in the electoral process, the delay in naturalization precluded their receipt of needed benefits to help address medical and age-related disabilities.

The plaintiffs sought that the court certify a class described as "[a]ll lawful permanent residents who have submitted or will submit applications for naturalization to the USCIS District Office located within Pennsylvania, and whose applications for naturalization remain unadjudicated more than 180 days after the date of submission, because of pending FBI name checks." Seeking declaratory and injunctive relief, the complaint asked that the court (a) suspend FBI name checks until the defendants complied with the APA's notice and comment provisions, (b) set time deadlines for completion of FBI name checks (90 days) and adjudication of naturalization applications (180 days), and (c) have the defendants pay plaintiffs' attorneys' fees and costs.

The clerk assigned the case to District Judge Paul S. Diamond on April 18, 2008. An amended complaint, filed on April 22, 2008, added plaintiffs. In May 2008, the defendants filed both a motion to dismiss the case for lack of jurisdiction and a memorandum in opposition to the motion for class certification. In early June 2008, plaintiffs filed responsive pleadings to these defense efforts.

The plaintiff filed a second amended complaint on October 8, 2008. On December 22, 2008, their motion to certify class was denied. After some discovery, in May 2009 the parties stipulated that the plaintiffs agree to dismiss their claims without prejudice.

Summary Authors

Mike Fagan (7/2/2008)

Nadji Allan (10/2/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4771211/parties/ignatyev-v-chertoff/


Judge(s)

Diamond, Paul Steven (Pennsylvania)

Attorney for Plaintiff

Bernstein-Baker, Judi (Pennsylvania)

Diver, Edward (Pennsylvania)

Gansallo, Ayodele A (Pennsylvania)

Attorney for Defendant

Bernstein, Richard M. (Pennsylvania)

show all people

Documents in the Clearinghouse

Document

2:08-cv-01547

Docket [PACER]

May 15, 2009

May 15, 2009

Docket
1

2:08-cv-01547

Action for Declaratory and Injunctive Relief

April 1, 2008

April 1, 2008

Complaint
34

2:08-cv-01547

Second Amended Class Action Complaint

Oct. 8, 2008

Oct. 8, 2008

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4771211/ignatyev-v-chertoff/

Last updated Feb. 9, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ( Filing fee $ 350 receipt number 947209.), filed by MIKHAIL IGNATYEV, NATALIYA PETROVNA DEMIDCHIK. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Tracking Form)(tj, ) (Entered: 04/02/2008)

April 1, 2008

April 1, 2008

Summons 7 Issued; 6 Mailed to counsel and 1 Forwarded to the U.S. Attorney's Office 4/2/08 as to MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS. (tj, ) (Entered: 04/02/2008)

April 1, 2008

April 1, 2008

2

Acceptance of Service by U.S. Attorney Re: accepted summons and complaint for MICHAEL CHERTOFF on 4/4/2008, answer due 6/3/2008; MICHAEL MUKASEY on 4/4/2008, answer due 6/3/2008; ROBERT S. MUELLER on 4/4/2008, answer due 6/3/2008; EMILIO T. GONZALEZ on 4/4/2008, answer due 6/3/2008; EVANGELIA KLAPAKIS on 4/4/2008, answer due 6/3/2008. (jl, ) (Entered: 04/04/2008)

April 4, 2008

April 4, 2008

3

SUMMONS Returned Executed by MIKHAIL IGNATYEV, NATALIYA PETROVNA DEMIDCHIK re: Edward A. Diver served Summons and Complaint upon MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS by U.S. Attorney. (DIVER, EDWARD) (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

4

MEMORANDUM AND ORDERED THAT THIS CASE, IGNATYEV VS CHERTOFF, 08-1547, IS REFERRED BACK TO THE CLERK'S OFFICE FOR RANDOM REASSIGNMENT; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 4/16/08. 4/17/08 ENTERED AND E-MAILED AND FAXED.(jl, )

April 16, 2008

April 16, 2008

RECAP
5

NOTICE of Appearance by RICHARD M. BERNSTEIN on behalf of MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS with Certificate of Service(BERNSTEIN, RICHARD) (Entered: 04/17/2008)

April 17, 2008

April 17, 2008

6

ORDER THAT THE ABOVE CAPTIONED CASE IS REASSIGNED FROM THE CALENDER OF THE MICHAEL M. BAYLSON TO THE CALENDER OF THE HONORABLE PAUL S. DIAMOND; ETC.. SIGNED BY MICHAEL E. KUNZ ON 4/18/08. 4/18/08 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 04/18/2008)

April 18, 2008

April 18, 2008

7

Oral MOTION to Certify Class filed by MIKHAIL IGNATYEV.Memorandum, Certificate of Service, Proposed Order. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Exhibit A to John Grogan Declaration, # 3 Exhibit B to John Grogan Declaration, # 4 Exhibit C to John Grogan Declaration, # 5 Exhibit D to John Grogan Declaration, # 6 Exhibit G to John Grogan Declaration, # 7 Exhibit H to John Grogan Declaration, # 8 Exhibit I to John Grogan Declaration, # 9 Exhibit J to John Grogan Declaration, # 10 Exhibit K to John Grogan Declaration, # 11 Exhibit L, # 12 Exhibit M to John Grogan Declaration, # 13 Exhibit N to John Grogan Declaration, # 14 Exhibit O to John Grogan Declaration, # 15 Exhibit E to John Grogan Declaration, # 16 Exhibit F part 1 to John Grogan Declaration, # 17 Exhibit F part 2 of 2 to John Grogan Declaration, # 18 Declaration of John Grogan, # 19 Text of Proposed Order)(GROGAN, JOHN) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

8

FIRST AMENDED COMPLAINT against MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS, filed by MOHAMED S. ABDELWAHAB, ABDI MOHMAED ALI, AHMED BELAGUID, ARSHAD ALI BAIG, MIRZA MOHANNED BAIG, MARIAM BAIG, CERTIFICATE OF SERVICE.(jl, ) (Entered: 04/22/2008)

April 22, 2008

April 22, 2008

9

NOTICE of Appearance by MARY CATHERINE ROPER on behalf of MOHAMED S. ABDELWAHAB, ABDI MOHMAED ALI, AHMED BELAGUID, ARSHAD ALI BAIG, MIRZA MOHANNED BAIG, MARIAM BAIG with Certificate of Service(ROPER, MARY) (Entered: 04/22/2008)

April 22, 2008

April 22, 2008

10

NOTICE of Appearance by MARY CATHERINE ROPER on behalf of MIKHAIL IGNATYEV, MYROSLAVA VASYLIVNA MELNYK, EUGENE KOIKOI with Certificate of Service(ROPER, MARY) (Entered: 04/22/2008)

April 22, 2008

April 22, 2008

11

NOTICE of Appearance by KATHRYN L. MOORE on behalf of MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS (MOORE, KATHRYN) (Entered: 04/22/2008)

April 22, 2008

April 22, 2008

12

STIPULATION for Extension of Time For Government's Response to ClassCertification Motion by MIKHAIL IGNATYEV, MYROSLAVA VASYLIVNA MELNYK, MOHAMED S. ABDELWAHAB, NATALIYA PETROVNA DEMIDCHIK, EUGENE KOIKOI, ABDI MOHMAED ALI, AHMED BELAGUID, ARSHAD ALI BAIG, MIRZA MOHANNED BAIG, MARIAM BAIG, MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS. (BERNSTEIN, RICHARD) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 4/25/2008 (nd). (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

13

APPLICATION by MIKHAIL IGNATYEV, MYROSLAVA VASYLIVNA MELNYK, MOHAMED S. ABDELWAHAB, EUGENE KOIKOI, ABDI MOHMAED ALI, AHMED BELAGUID, ARSHAD ALI BAIG, MIRZA MOHANNED BAIG, MARIAM BAIG FOR CECILLIA WANG TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

14

STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANTS MAY RESPOND TO THE MOTION FOR CLASS CERTIFICATION IS EXTENDED TO AND INCLUDING 5/22/08; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/30/08. 4/30/08 ENTERED AND E−MAILED.(jl, ) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

15

First MOTION/APPLICATION for Pro Hac Vice OF ANODELE A. GANALLO filed by MIKHAIL IGNATYEV, SPONSOR STATEMENT AND CERTIFICATE OF SERVICE..(GANSALLO, AYODELE) Modified on 5/6/2008 (afm, ). (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

16

ORDER THAT THE APPLICATION FOR PRO HACE VICE OF CECILLA D. WANG IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/6/08. 5/7/08 ENTERED AND COPIES MAILED AND E−MAILED.(ah) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

17

ORDER THAT THE APPLICATION FOR PRO HACE VICE OF AYODELE GANSALLO IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/6/08.5/7/08 ENTERED AND COPIES MAILED AND E−MAILED.(ah) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

19

APPLICATION by MIKHAIL IGNATYEV FOR AYODELE GANSALLO TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

20

Memorandum in Opposition re 7 Oral MOTION to Certify Class filed by MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS. (MOORE, KATHRYN) Certificate of Service attached. Modified on 5/28/2008 (nds). (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

21

Exhibit 1 in Support of Memorandum/Response in Opposition re 7 Oral MOTION to Certify Class Exhibit 1 filed by MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS. (MOORE, KATHRYN) Modified on 5/28/2008 (nds). (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

22

MOTION to Dismiss for Lack of Jurisdiction filed by MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MOORE, KATHRYN) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

23

NOTICE of Appearance by KRISTINE C. MEHOK on behalf of MIKHAIL IGNATYEV, MYROSLAVA VASYLIVNA MELNYK, MOHAMED S. ABDELWAHAB, EUGENE KOIKOI, ABDI MOHMAED ALI, AHMED BELAGUID, ARSHAD ALI BAIG, MIRZA MOHANNED BAIG, MARIAM BAIG with Certificate of Service(MEHOK, KRISTINE) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

24

REPLY Memorandum in Support of Motion re 7 Oral MOTION to Certify Class filed by MIKHAIL IGNATYEV, Certificate of Service. (GROGAN, JOHN) Modified on 6/5/2008 (nd). (Entered: 06/03/2008)

June 3, 2008

June 3, 2008

25

RESPONSE in Opposition re 22 MOTION to Dismiss for Lack of Jurisdiction filed by MIKHAIL IGNATYEV, MYROSLAVA VASYLIVNA MELNYK, MOHAMED S. ABDELWAHAB, NATALIYA PETROVNA DEMIDCHIK, EUGENE KOIKOI, ABDI MOHMAED ALI, AHMED BELAGUID, ARSHAD ALI BAIG, MIRZA MOHANNED BAIG, MARIAM BAIG, CERTIFICATE OF SERVICE. (ROPER, MARY) Modified on 6/9/2008 (afm, ). (Entered: 06/05/2008)

June 5, 2008

June 5, 2008

26

REPLY to Response to Motion re 22 MOTION to Dismiss for Lack of Jurisdiction filed by MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS. (MOORE, KATHRYN) (FILED IN ERROR BY ATTORNEY; ATTORNEY WILL RE−FILE CORRECT DOCUMENT) Modified on 6/16/2008 (nd). (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

27

REPLY to Response to Motion re 22 MOTION to Dismiss for Lack of Jurisdiction filed by MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS, CERTIFICATE OF SERVICE. (MOORE, KATHRYN) Modified on 6/18/2008 (afm, ). (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

28

ORDERED THAT ORAL ARGUMENT WILL BE HELD ON THE ABOVE LISTED ON 7/28/08 AT 3:00 P.M. THE PARTIES SHALL BE PREPARED TO ADDRESS PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND DEFENDANTS' MOTION TO DISMISS; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/8/08. 7/8/08 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

29

ORDER THAT THE HEARING CURRENTLY SCHEDULED FOR JULY 28, 2008, IS POSTPONED. THE MATTER WILL BE RESCHEDULED BY ORDER OF THE COURT. SIGNED BY HONORABLE PAUL S. DIAMOND ON 07/25/08. 07/28/08 ENTERED AND COPIES MAILED AND E−MAILED.(ac, )

July 28, 2008

July 28, 2008

31

ORDERED THAT ORAL ARGUMENT IN THE ABOVE−LISTED CASE IS RESCHEDULED FOR 10/10/08 AT 1:00 P.M.; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/15/08. 9/15/08 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

32

MOTION to Amend/Correct File Second Amended Complaint filed by MIKHAIL IGNATYEV.. (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Text of Proposed Order Proposed form of Order)(GROGAN, JOHN) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

34

SECOND AMENDED COMPLAINT against JONATHAN SCHARFREN, KAREN FITZGERALD, MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, filed by MIKHAIL IGNATYEV, MYROSLAVA VASYLIVNA MELNYK, MOHAMED S. ABDELWAHAB, EUGENE KOIKOI, ABDI MOHMAED ALI, AHMED BELAGUID, ARSHAD ALI BAIG, MIRZA MOHANNED BAIG, MARIAM BAIG. (Attachments: # 1 part 1)(jl, ) Modified on 10/10/2008 (jl, ). (Entered: 10/10/2008)

Oct. 8, 2008

Oct. 8, 2008

33

ORDER THAT PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT IS GRANTED. THE CLERK OF COURT IS DIRECTED TO FILE THE SECOND AMENDED COMPLAINT (DOC.32−2) EXHIBIT A TO PLAINTIFFS' MOTION, OF RECORD AS OF 10/8/08; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/10/08. 10/10/08 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 10/10/2008)

Oct. 10, 2008

Oct. 10, 2008

AMENDED Summons Issued as to JONATHAN SCHARFREN, KAREN FITZGERALD, U.S. Attorney and U.S. Attorney General Forwarded To: JOHN GROGAN on 10/10/08 (jl, ) (Entered: 10/10/2008)

Oct. 10, 2008

Oct. 10, 2008

35

ORDER THAT DEFTS' MOTION TO DISMISS IS DENIED WITHOUT PREJUDICE PENDING POSSIBLE DISCOVERY, AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/10/2008.10/14/2008 ENTERED AND COPIES MAILED, E−MAILED.(md) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

36

TRANSCRIPT of Proceedings held on 10/10/08 before Judge DIAMOND. Court Reporter: JOHN STASNY. HEARING (jl, ) (Entered: 10/22/2008)

Oct. 22, 2008

Oct. 22, 2008

37

ANSWER to 34 Amended Complaint WITH AFFIRMATIVE DEFENSES AND CERTIFICATE OF SERVICE, by JONATHAN SCHARFREN, KAREN FITZGERALD, MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER, EMILIO T. GONZALEZ, EVANGELIA KLAPAKIS.(MOORE, KATHRYN) Modified on 11/18/2008 (afm, ). (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

38

ORDERED THAT PLAINTIFFS' MOTION TO CERTIFY CLASS IS DENIED WITHOUT PREJUDICE. THE PARTIES SHALL ATTEND A STATUS CONFERENCE IN MY CHAMBERS ON 1/27/09 AT 2:00 P.M.; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/22/08. 12/22/08 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 12/22/2008)

Dec. 22, 2008

Dec. 22, 2008

39

ORDER THAT PLAINTIFFS SHALL NOT PRESENTLY BE ENTITLED TO TAKE DISCOVERY RESPECTING THE NUMBER OF PERSONS WITH NATURALIZTION APPLICATIONS PENDING FOR MORE THAN 180 DAYS THROUGH MORE THAN FOUR YEARS. IN DEPOSING DEFENDANTS USCIS RULE 30 (b)(6), PLAINTIFF SHALL BE ENTITLED TO EXPLORE WITH THE WITNESS−−AND THE WITNESS SHALL BE PREPARED TO TESTIFY REGARDING−−THE PROCEDURES RELATED TO THE COMPLETION OF AN FBI NAME CHECK IN PLACE BOTH BEFORE AND AFTER PLAINTIFFS FILED THE INSTANT LITIGATION; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/27/09. 1/28/09 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 01/28/2009)

Jan. 28, 2009

Jan. 28, 2009

40

Letter from KATHRYN L. MOORE TO MR. GROGAN AND MS. ROPER RE: CERTAIN STATEMENTS. (jl, ) (Entered: 01/30/2009)

Jan. 29, 2009

Jan. 29, 2009

41

Letter from JOHN GROGAN TO MS. MOORE AND MR. BERNSTEIN RE: CERTAIN STATEMENTS. (jl, ) (Entered: 01/30/2009)

Jan. 29, 2009

Jan. 29, 2009

42

Letter from KATHRYN MOORE TO JOHN GROGAN TO JUDGE DIAMOND RE: CERTAIN STATEMENTS. (jl, ) (Entered: 01/30/2009)

Jan. 29, 2009

Jan. 29, 2009

43

NOTICE of Appearance by ELIZABETH J. STEVENS on behalf of JONATHAN SCHARFREN, KAREN FITZGERALD, MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER with Certificate of Service(STEVENS, ELIZABETH) (Entered: 05/13/2009)

May 13, 2009

May 13, 2009

44

STIPULATION of Dismissal Under Rule 41 by JONATHAN SCHARFREN, KAREN FITZGERALD, MICHAEL CHERTOFF, MICHAEL MUKASEY, ROBERT S. MUELLER. (Attachments: # 1 Text of Proposed Order)(STEVENS, ELIZABETH) (Entered: 05/14/2009)

May 14, 2009

May 14, 2009

45

STIPULATION AND ORDER THAT PLAINTIFFS AGREE TO DISMISS THEIR CLAIMS WITHOUT PREJUDICE, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41 (a)(2). DISMISSAL OF THE SECOND AMENDED COMPLAINT IS PROPER UNDER FEDERAL RULE OF CIVIL PROCEDURE 23 (e) AS NO CLASS HAS BEEN CERTIFIED IN THIS ACTION. EACH PARTY WILL BEAR ITS OWN COSTS AND FEES; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/15/09. 5/15/09 ENTERED AND COPIES MAILED, E−MAILED(jl, ) (Entered: 05/15/2009)

May 15, 2009

May 15, 2009

Case Details

State / Territory: Pennsylvania

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 1, 2008

Closing Date: May 15, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lawful permanent residents whose naturalization applications have been pending for over 6 months.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Department of Homeland Security, Federal

U.S. Citizenship and Immigration Services, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voting: General & Misc.

Discrimination-basis:

Immigration status

Immigration/Border:

Status/Classification

U.S. citizenship - acquiring