Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:07-cv-00028-JJF—MPT Document 12 Filed O4/26/2007 Page 1 of 3
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UNITED STATES DISTRICT COURT ` 1 1 —
FOR THE DISTRICT COURT OF DELAWARE at
q VVEI TENG, )
Plaintiff )
v. )
PAUL NOVAK, DIRECTOR ) ·
U.S. Department of Homeland Security ) ,
U.S. Citizenship and Immigration ) CASE N O. 07-28 V
Service, Vermont Service Center, )
in his official capacity, ) `
as well as his successors and assigns, ) .
and ’ · e )
EMILIO GONZALEZ, )
Director of U.S. Citizenship & ) °
Immigration Services, in his 1 1 ) · M j
official capacity, as well as his ) ·=°?_;: · _
successors and assigns ) Q .
Defendants. ) if ’£§%»·> t
S 1 MOTION FOR SUMMARY JUDGMENT · ·-U
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Pursuant to Rule 56 of the Federal Rules of Civil Procedure, the Plaintiff herebygi
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moves for Summary Judgment. Summary judgment is appropriate in that more than 20m
_ days have passed since commencement of the action. This matter has not yet been fixed
for trial. There are no genuine issues of material fact and the Plaintiff is entitled to 1
judgment as a matter of law.
_ s/Kevin H Grubb
Kevin H. Grubb, Esq. ‘
Attorney I.D. No. 4409
The Buccini/Pollin Group `
. 322 A Street, Suite 300
~ Wilmington, DE 19801 3
~ (302) 225-2734
- s/Lawrence H Rudnick
Lawrence H. Rudnick, Esq.
Attorney l.D. No. 21642
Steel, Rudnick and Ruben
1608 Walnut Street, Suite 1500
Philadelphia, PA 19103
(215) 5464333 l
A Dated: April 26, 2007 Attorneys for Plaintiff, Wei Ten g

Case 1 :07-cv-OOO28-JJF—MPT Document 12 Filed O4/26/2007 Page 2 of 3
, r UNITED STATES DISTRICT COURT ·
FOR THE DISTRICT COURT OF DELAWARE V
WEI TENG, ) a
. Plaintiff )
v. )
PAUL NOVAK, DIRECTOR )
U.S. Department of Homeland Security )
U.S. Citizenship and Immigration ) CASE NO. 07-28 ‘ ; .
Service, Vermont Service Center, ) i _
in l1is official capacity, )
as well as his successors and assigns, )
— and ' i )
· EMILIO GONZALEZ, ) -
Director of U.S. Citizenship & )
Immigration Services, in his )
official capacity, as well as his )
successors and assigns ) `
Defendants. ) f
O R D E R
- AND NOW, this day of , 2007, upon
consideration of Plaintiff ’s Motion for Summary Judgment and Plaintiff ’s Brief in
Opposition to Defe11dants’ Motion to Dismiss and in Support of Plaintiff ’s Motion for
Summary Judgment, IT IS HEREBY ORDERED THAT:
Plaintiff ’s Motion is GRANTED and that Plaintiffs application for adjustment of
status be adjudicated within 30 days; Defendant’s Motion to Dismiss is hereby DENIED. l
United States District Judge

Case 1 :07-cv-00028-JJF—MPT Document 12 Filed O4/26/2007 Page 3 of 3 I
_,§ `•
UNITED STATES DISTRICT COURT `
FOR THE DISTRICT COURT OF DELAWARE
WEI TEN G, ) 1
Plaintiff ) (
v. ) `
PAUL NOVAK, DIRECTOR ) 1
U.S. Department of Homeland Security ) v
U.S. Citizenship and Immigration - ) CASE NO. 07-28 . E
Service, Vermont Service Center, ) , - ·
in his official capacity, ) -
as well as his successors and assigns, )
and ’ )
EMILIO GONZALEZ, ) A
Directorof U.S. Citizenship & )
Immigration Services, in his ) ·
official capacity, as well as his ) ‘
successors and assigns )
Defendants. ) ‘
CERTIFICATE OF SERVICE I 1
I hereby certify that on this 26th day April, 2007, that a copy of the foregoing l
Plaintiff ’s Motion for Summary Judgment and Plaintiff ’s Brief in Opposition to (
Defendants’ Motion to Dismiss and in Support of Plaintiff’s Motion for Summary l
Judgment, was served by electronic filing on the following counsel of record for
Defendants: ‘
Seth M. Beausang
Assistant U.S. Attorney °
The Nemours Building
1007 Orange Street, Suite 700
Wilmington, De 19801
s/Kevin H Grubb éqyf s/Lawrence H Rudnick
Kevin H.Gn1bb, Esq. Lawrence H. Rudnick, Esq.
Attorney I.D. No. 4409 Attomey 1.D. No. 21642
The Buccini/Pollin Group Steel, Rudnick & Ruben
322 A Street, Suite 300 1608 Walnut Street, Suite 1500
Wilmington, DE 19801 Philadelphia, PA 19103
(302) 225-2734 (215) 546-4333