Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:07-cv—00028-JJF-IVIPT Document 11 Filed 04/26/2007 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT COUR OF DELAWARE
WEI TENG, )
Plaintiff )
v. ) `
PAUL NOVAK, DIRECTOR )
U.S. Department of Homeland Security ) CASE NO. 07-28***
U.S. Citizenship and Immigration )
Service, Vermont Service Center, ) Judge Mary Pat Thynge
ln his 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 weli as his )
successors and assigns )
Defendants ) A
RE UEST TO UNITED STATES MAGISTRATE JUDGE TO 4
CANCEL OR CONTINUE STATUS/SCI-IEDULING TELECONFERENCE
We respectfully submit that this matter is exempt under Delaware Local Rule
I6.3(b) from scheduling conference and order requirements as set forth in the Local Rule.
This is an action for judicial review of administrative decision or lack of decision from a
federal agency where review is conducted on the basis of the administrative record.
Hence, we request that the status/scheduling teleconference scheduled for April 27, 2007 -0
at 1:30 pm. be cancelled or continued.
The status of this matter is that the government has moved to dismiss and the
Plaintiff is tiiing an opposition and Motion for Summary Judgment.
It is further represented that the undersigned counsel has consulted with the
Assistant U.S. Attorney, Seth M. Beausang, who is in agreement that the i
status/scheduling teieconference is exempted under the Local Rules.

Case 1 :07-cv—00028-JJF-l\/IPT Document 11 Filed 04/26/2007 Page 2 of 2
s/Kevin Grubb
Kevin Grubb, Esq. .
Attorney LD. No. 4409
4 East Sm Street, #302
Wilmington, DE 19801
(302) 345-9383
s/Lawrence H Rudnick
Lawrence H. Rudnick, Esq.
Attorney I,D. No. 21642
Steel, Rudnick and Ruben
1608 Walnut Street, Suite 1500
Philadelphia, PA 19103
(215) 546-4333
Dated: April 25, 2007 Attorneys for Plaintiff, Wei Teng

Case 1:O7—cv—OOO28-JJF-|\/IPT Document 11-2 Filed O4/26/2007 Page 1 of 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 25m day of April, 2007, I caused to be served
the foregoing REQUEST T O UNITED STATES MAGISTRATE J UDGE TO CANCEL
OR CONTINUE STATUS/SCI-IEDULING TELECONFERENCE electronically using
the ECF system and it is available for viewing and downloading from the ECE system.
Assistant United States Attorney Seth M. Beausang who represents Defendants in this
matter is a tiling user under the ECP system. Upon the electronic tiling, the ECE system
automatically generates and delivers at Notice of Electronic Filing to all Bling users
associated with this case, including Assistant U.S. Attorney Beausang. As such,
Electronic Service on the Court ofthe Notice of Electronic Filing constitutes service of
the tiled document and no additional service upon the Bling user is required.
Seth M. Beausang
Assistant U. S. Attorney
The Nemours Building
1007 Orange Street, Suite 700
Wilmington, DE 19801
(302) 573~6277 _
I declare under penalty of perjury that the foregoing is true and correct. Executed __
this 25m day of April, 2007. E
s/Kevin Grubb
Kevin Grubb, Esq.
Attorney l.D. No. 4409
4 East Sm Street, #302
Wilmington, DE 19801
(302) 345-9383 ‘

Case 1 :O7—cv—OOO28-JJF-IVIPT Document 11-2 Filed O4/26/2007 Page 2 of 2
s/Lawrence H Rudnick
Lawrence 1-1. Rudnick, Esq.
Attorney 1.D. N0. 21642 A
Steel, Rudnick and Ruben
` 1608 Walnut Street, Suite 1500
Phiiadelpltia, PA 19103
(215) 546-4333
Dated: April 25, 2007 Attorneys for Plaintiff, Wei Teng