Free Joint Case Management Statement - District Court of California - California

Case 3:07-cv-04827-SI

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1 JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendant 8 9 10 11 12 ANTONIO TORRES-FELIX, ROSALINDA TORRES, and 13 EDGAR ANTONIO TORRES, 14 15 v. Plaintiffs, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) No. C 07-4827 SI ) ) ) JOINT CASE MANAGEMENT ) STATEMENT and [Proposed] ORDER ) ) ) ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169

16 ROSEMARY MELVILLE, District Director, United States Citizenship and Immigration 17 Services; 18 19 20 21 1. Jurisdiction and Service: Defendant.

The basis asserted by Plaintiffs for this Court's jurisdiction is 28 U.S.C. § 1331 and 5 U.S.C. §

22 § 701 - 706. The parties do not dispute that venue is proper in this district. No issues exist 23 regarding personal jurisdiction or venue, and no parties remain to be served. Defendants will 24 argue that the Complaint, with regards to Plaintiff Antonio Torres, is moot. 25 26 2. Facts: Plaintiff Rosalinda Torres and Edgar Antonio Torres each filed a Form I-485 application to

27 adjust their status to lawful permanent resident with the United States Citizenship and Immigration 28 Services (USCIS) on or about on June 15, 2004. The USCIS has not yet adjudicated the Form IJoint Case Management Statement C07-4827 SI 1

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1 485 application for Plaintiff Rosalinda Torres, but completed the adjudication of Plaintiff Antonio 2 Torres in November 2007. The Plaintiffs filed an action on September 20, 2007, seeking an order 3 from this Court directing USCIS to adjudicate the Form I-485 applications. 4 5 3. Legal Issues: Whether this Court should dismiss Plaintiffs' action for lack of subject matter jurisdiction. If

6 this Court has jurisdiction, whether the USCIS is processing the Plaintiffs' I-485 applications 7 within a reasonable period of time. 8 9 10 11 12 13 14 15 4. Motions: The parties intend to file cross-motions for summary judgment. 5. Amendment of Pleadings: No parties, claims or defenses are expected to be added or dismissed. 6. Evidence Preservation: The parties do not have any evidence that falls within this category. 7. Disclosures: The parties believe that the initial disclosure requirements of Fed. R. Civ. P. 26 do not apply to

16 this case. 17 18 19 20 21 22 23 24 8. Discovery: The parties do not intend to take any discovery at this time. 9. Class Actions: N/A 10. Related Cases: The parties are not aware of any related case or cases. 11. Relief: The Plaintiffs ask this Court to direct USCIS to adjudicate Plaintiff Rosalinda Torres' Form I-

25 485 application. 26 27 12. Settlement and ADR: The Court approved the parties' request to be exempt from formal ADR process on December

28 19, 2007. Joint Case Management Statement C07-4827 SI 2

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13. Consent to Magistrate Judge for All Purposes: The parties consent to a magistrate judge. 14. Other References: The parties do not believe that this case is suitable for reference to binding arbitration, a

5 special master, or the Judicial Panel on Multidistrict Litigation. 6 7 15. Narrowing of Issues: The parties do not believe that the issues can be narrowed by agreement or by motion, and do

8 not have suggestions to expedite the presentation of evidence at trial (e.g. through summaries or 9 stipulated facts), and any request to bifurcate issues, claims or defenses. 10 11 12 13 16. Expedited Schedule: The parties believe this case can be resolved on cross-motions for summary judgment. 17. Scheduling: The parties propose the following schedule on the parties' cross-motions for summary

14 judgment: 15 16 17 18 19 20 21 Cross-Motions for Summary Judgment: Cross-Oppositions: Hearing: 18. Trial: The parties do not anticipate the need for a trial in this case. 19. Disclosure of Non-party Interested Entities or Persons: The parties' intend to file the "Certification of Interested Entities or Persons" required by Civil February 1, 2008 February 15, 2008 March 14, 2008 at 9:00 a.m.

22 Local Rule 3-16. 23 20. Such other matters as may facilitate the just, speedy and inexpensive disposition of this

24 matter. 25 26 /// 27 /// 28 Joint Case Management Statement C07-4827 SI 3 None.

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1 Date: January 8, 2008 2 3 4 5 6 7 8 Date: January 8, 2008 9 10

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ ILA C. DEISS Assistant United States Attorney Attorneys for Defendants

/s/ JONATHAN KAUFMAN Attorney for Plaintiff

CASE MANAGEMENT ORDER 11 The Joint Case Management Statement and Proposed Order are hereby adopted by the 12 Court as the Case Management Order for the case, and the parties are ordered to comply with this 13 Order. 14 15 Date: 16 17 18 19 20 21 22 23 24 25 26 27 28 Joint Case Management Statement C07-4827 SI 4 SUSAN ILLSTON United States District Judge