Free Stipulation - District Court of California - California

Case 3:07-cv-04993-EMC

Document 9

Filed 12/06/2007

Page 1 of 3

1 SCOTT N. SCHOOLS, SC SBN 9990 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division MELANIE L. PROCTOR, CSBN 228971 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 12 JASWINDER KAUR, 13 14 15 16 17 18 19 20 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiff, ) ) v. ) ) ROBERT S. MUELLER, III, Director, ) Federal Bureau of Investigation; ) MICHAEL CHERTOFF, Secretary, ) Department of Homeland Security; ) EMILIO GONZALES, Director, U.S. ) Citizenship and Immigration Services (USCIS); ) DAVID STILL, District Director, USCIS; ) Doe 1, Bakersfield Field Office Director, USCIS, ) ) Defendants. ) ) No. C 07-4993 EMC STIPULATION TO TRANSFER VENUE OF ACTION TO EASTERN DISTRICT OF CALIFORNIA AND [PROPOSED] ORDER [28 U.S.C. § 1406(a)] 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6730 FAX: (415) 436-6927

This is an action arising under 8 U.S.C. § 1447(b). Plaintiff, a resident of Modesto, California,

22 alleges that she attended an interview on her naturalization application on November 14, 2005 and 23 February 2, 2006, but the application remains unadjudicated. Defendants contest the status of her 24 application. 25 Pursuant to 8 U.S.C. § 1447(b), if there is failure to make a naturalization determination 120

26 days or more after the date of a naturalization examination, the applicant may apply to the United 27 States District Court for the district in which the applicant resides for a hearing on the matter. 28 Modesto, California is located in Stanislaus County, in the Eastern District of California. 28 Stipulation to Transfer C07-4993 EMC 1

Case 3:07-cv-04993-EMC

Document 9

Filed 12/06/2007

Page 2 of 3

1 U.S.C. § 84(a). Accordingly, venue for this action is proper in the Eastern District, but not in this 2 District. 3 The parties to this action, by and through their attorneys, hereby stipulate and request of the

4 Court that this action should be transferred to the Eastern District of California pursuant to 28 5 U.S.C. § 1406(a). Section 1406(a) provides: 6 7 The district court of a district in which is filed a case laying in venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.

8 Because venue is proper only in the Eastern District, the parties believe that the interests of justice 9 require that this action be transferred to the United States District Court for the Eastern District of 10 California. 11 In addition, the time for a response to the complaint has not yet run, and in view of the

12 uncertainty as to when this action will be docketed and assigned to a judge in the Eastern District of 13 California, the parties further stipulate and request of the Court that the time for the Defendants to 14 answer, move, plead or otherwise respond to the Complaint should be extended to 40 days after the 15 date the action is docketed and assigned to a judge in the Eastern District of California. 16 17 Date: December 6, 2007 18 19 20 21 22 23 Date: December 6, 2007 24 25 /// 26 /// 27 28 Stipulation to Transfer C07-4993 EMC 2 _______/s/____________________ MADAN AHLUWALIA Attorney for Plaintiff ________/s/___________________ MELANIE L. PROCTOR Assistant United States Attorney Attorneys for Defendants Respectfully submitted, SCOTT N. SCHOOLS United States Attorney

Case 3:07-cv-04993-EMC

Document 9

Filed 12/06/2007

Page 3 of 3

1 ORDER 2 The foregoing stipulation is approved and this action is hereby transferred to the United 3 States District Court for the Eastern District of California, the judicial district in which this case 4 should have been brought. The time for Defendants to answer, move, plead or otherwise respond to 5 the Plaintiff's Complaint shall be extended to 40 days after the action is docketed, and a judge 6 assigned, in the Eastern District of California. IT IS SO ORDERED. 7 8 Date: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Transfer C07-4993 EMC 3 EDWARD CHEN United States Magistrate Judge