Free Order - District Court of Delaware - Delaware

Case 1:08-cv-00080-JJF Document 19 Filed 07/30/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VITALY S. PALAMARACHOUK, :
Plaintiff, Z
v. E Civ. Action No. 08-080-JJF
SECRETARY MICHAEL Z
CHERTOFF, EMILIO :
GONZALEZ, PAUL NOVAK, and:
ROBERT S. MUELLER, III, :
Defendants. ;
EFA
NOW THEREFORE, IT IS HEREBY ORDERED that:
1. Defendants' Motion To Dismiss is GRANTED in part and
DENIED in part as follows (D.I. 9):
A. The Motion to Dismiss for Lack of Subject Matter
Jurisdiction pursuant to Rule l2(b)(l) is DENIED as to the claims
raised under the Mandamus Act and the Administrative Procedures
Act and GRANTED as to claims raised under the Declaratory
Judgment Act.
B. The Motion to Dismiss for Failure to State a Claim
upon which Relief may be Granted pursuant to Rule 12(b)(6) is
DENIED.
2. Based upon the representations by the parties, the claim
against Robert S. Mueller, Director of the Federal Bureau of
Investigation is DISMISSED as moot.
3. Defendants' Motion To Stay is GRANTED as unopposed.

Case 1:08-cv-00080-JJF Document 19 Filed 07/30/2008 Page 2 of 2
(D.1. 14.)
4. Plaintiff’s Motion For Summary Judgment is DENIED as
premature with leave to renew. (D.I. 13.)
5. Defendants shall file an answer to the Complaint within
twenty—one days from the date of this Order.
6. Motions For Summary Judgment motions shall be filed by
no later than August 20, 2008. Responses shall be filed by no
later than September 2, 2008. Replies shall be filed by no later
than September 9, 2008.
—m—~—3d M
DA UNI ST T DISTRIC UD E

Case 1:08-cv-00080-JJF

Document 19

Filed 07/30/2008

Page 1 of 2

Case 1:08-cv-00080-JJF

Document 19

Filed 07/30/2008

Page 2 of 2