Free Answer to Complaint - District Court of California - California

Case 3:07-cv-05023-TEH

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Filed 12/03/2007

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SCOTT N. SCHOOLS (SC 9990) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MELANIE L. PROCTOR (CSBN 228971) [email protected] Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6730 FAX: (415) 436-6927 Attorneys for Defendants

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 Plaintiffs, 14 v. 15 16 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28 The Defendants hereby submit their answer to Plaintiffs' Complaint for Declaratory Judgment and Injunction. 1. Paragraph One consists of Plaintiffs' characterizations of this action for which no ROSEMARY MELVILLE, District Director, United States Citizenship and Immigration Services; and EMILIO T. GONZALEZ, Director, United States Citizenship and Immigration Services ARMENAK CHAMLIKIAN, MARINA VARTANIAN, AND KRISTINE CHAMLIKIAN, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-5023 TEH

ANSWER TO COMPLAINT

answer is necessary; however, to the extent a response is deemed to be required, the Defendants deny the allegations therein. 2. 3. 4. Defendants admit the allegations in Paragraph Two. Defendants admit the allegations in Paragraph Three. Defendants admit the allegations in Paragraph Four.

ANSWER No. C 07-5023 TEH

Case 3:07-cv-05023-TEH

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Defendants admit the allegations in Paragraph Five. Defendants admit the allegations in Paragraph Six as to Plaintiff Armenak only. Defendants admit the allegations in Paragraph Seven as to Plaintiff Armenak only. Defendants admit the allegations in Paragraph Eight. Defendants admit the allegations in Paragraph Nine. Defendants admit the allegations in Paragraph Ten. Defendants admit the first sentence in Paragraph Eleven; however, Defendants deny

the second sentence. Defendants admit the allegations in the third sentence; however, Defendants deny the remaining allegations in this paragraph. 12. 13. Defendants admit the allegations in Paragraph Twelve. Defendants admit that there is no appeal currently; however, Defendants deny that

decision was made. 14. Paragraph Fourteen consists of Plaintiffs' characterizations of this action for which

no answer is necessary; however, to the extent a response is deemed to be required, the Defendants deny the allegations therein. The remaining allegations consists of Plaintiffs' prayer for relief, to which no admission or denial is required; to the extent a responsive pleading is deemed to be required, Defendants deny these paragraphs. AFFIRMATIVE AND/OR OTHER DEFENSES All allegations not here before specifically admitted, denied, or modified are hereby denied. For further and separate answer, Defendants allege as follows: FIRST DEFENSE The Court lacks jurisdiction over the subject matter of this action SECOND DEFENSE The Complaint fails to state a claim against the Defendants upon which relief can be granted. THIRD DEFENSE No acts or omissions by the United States or its employees were the proximate cause of any injury or damages to the Plaintiffs.
ANSWER No. C 07-5023 TEH

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Case 3:07-cv-05023-TEH

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ANSWER No. C 07-5023 TEH

FOURTH DEFENSE At all times alleged in the complaint, Defendants were acting with good faith, with justification, and pursuant to authority. FIFTH DEFENSE The Defendants are processing the applications referred to in the Complaint to the extent possible at this time. Accordingly, no relief as prayed for is warranted. WHEREFORE, Defendants pray for relief as follows: That judgment be entered for Defendants and against Plaintiffs, dismissing Plaintiffs' Complaint with prejudice; that Plaintiffs take nothing; and that the Court grant such further relief as it deems just and proper under the circumstances. Dated: December 3, 2007 Respectfully submitted, SCOTT N. SCHOOLS United States Attorney /s/ MELANIE L. PROCTOR Assistant United States Attorney Attorneys for Defendants

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