Case: Service Employees International Union v. Chertoff

3:07-cv-01286 | U.S. District Court for the District of Oregon

Filed Date: Aug. 28, 2007

Closed Date: Nov. 6, 2008

Clearinghouse coding complete

Case Summary

On August 28, 2007, the Service Employees International Union and the Northwest Treeplanters and Farmworkers United filed suit in the U.S. District Court for the District of Oregon to challenge the newly effective fee schedule that applied to applications made under the federal immigration laws. The 2007 fee rule, which became effective on July 31, 2007, increased fees charged for all adjudication and naturalization services. Plaintiffs maintained that the 2007 fee rule was unlawful in that i…

On August 28, 2007, the Service Employees International Union and the Northwest Treeplanters and Farmworkers United filed suit in the U.S. District Court for the District of Oregon to challenge the newly effective fee schedule that applied to applications made under the federal immigration laws. The 2007 fee rule, which became effective on July 31, 2007, increased fees charged for all adjudication and naturalization services. Plaintiffs maintained that the 2007 fee rule was unlawful in that it charged fees in excess of the actual governmental costs of providing immigration services.

Plaintiffs were represented by the Northwest Immigrant Rights Project and the Immigrant Law Group LLP. The Complaint alleged violations of the Immigration and Nationality Act, 8 U.S.C. § 1151, §1255; Administration Procedure Act, 5 U.S.C. § 701 and requested declaratory and injunctive relief.

After the defendants moved to dismiss the plaintiffs’ complaint, the plaintiffs filed an amended complaint on November 19, 2007. The amended complaint added detail on their factual allegations and claims.

Defendants moved to dismiss plaintiffs' amended complaint on December 21, 2007. The court (Judge Michael W. Mosman) granted in part and denied in part defendants' motion on April 14, 2008. On November 6, 2008, the court dismissed the case with prejudice after plaintiffs filed an unopposed motion to dismiss the surviving claims. This case is closed.

Summary Authors

Dan Dalton (9/18/2007)

Jennifer Bronson (11/27/2013)

People


Judge(s)

Mosman, Michael W. (Oregon)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Boell, Jessica M. (Oregon)

Manning, Stephen W. (Oregon)

Rotman, Jennifer M. (Oregon)

Attorneys(s) for Defendant

Brown, Adrian L. (Oregon)

Cox, James E. Jr. (Oregon)

Moore, Kathryn L. (District of Columbia)

Judge(s)

Mosman, Michael W. (Oregon)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Boell, Jessica M. (Oregon)

Manning, Stephen W. (Oregon)

Rotman, Jennifer M. (Oregon)

Attorneys(s) for Defendant

Brown, Adrian L. (Oregon)

Cox, James E. Jr. (Oregon)

Moore, Kathryn L. (District of Columbia)

Documents in the Clearinghouse

Document

3:07-cv-01286

Docket (PACER)

Service Employees International Union, et. al v. Chertoff

Nov. 17, 2008

Nov. 17, 2008

Docket
1

3:07-cv-01286

Complaint for Declaratory and Injunctive Relief

Service Employees International Union, et. al v. Chertoff

Aug. 27, 2007

Aug. 27, 2007

Complaint
13

3:07-cv-01286

First Amended Complaint for Declaratory and Injunctive Relief

Service Employees International Union, et. al v. Chertoff

Nov. 19, 2007

Nov. 19, 2007

Complaint

Resources

Docket

Last updated July 23, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint For Declaratory and Injunctive Relief. Request For Oral Argument. Filing Fee in amount of $350 collected. Receipt No. 17153 issued.Summons issued as to Emilo T. Gonzalez ; United States Attorney; Michael Chertoff.Filed by Service Employees International Union, Pineros Y Campesinos Unidos Del Noroeste against Michael Chertoff, Emilio T. Gonzalez. (cib) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

2

Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Michael W. Mosman. Discovery is to be completed by 12/26/2007. Joint Alternate Dispute Resolution Report is due by 1/25/2008. Pretrial Order is due by 1/25/2008. (cib) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

3

Order Granting Application for Special Admission Pro Hac Vice of Matt Adams for Service Employees International Union and Pineros Y Campesinos Unidos Del Noroeste. Application Fee in amount of $100 collected. Receipt No. 17154 issued. Signed on 09/04/07 by Judge Michael W. Mosman. (pvh) (Entered: 09/06/2007)

Sept. 5, 2007

Sept. 5, 2007

4

Return of Service Executed. as to Michael Chertoff served on 9/4/2007; Emilio T. Gonzalez served on 9/4/2007 Service specifically made upon Local US Attorney, Agency Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/13/2007)

Oct. 13, 2007

Oct. 13, 2007

5

Return of Service Executed. Service specifically made upon Agency Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

6

Return of Service Executed. Service specifically made upon Agency Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

7

Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) . Oral Argumentrequested Filed by Michael Chertoff, Emilio T. Gonzalez. (Cox, James) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

8

Memorandum in Support Defendants Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) . Filed by Michael Chertoff, Emilio T. Gonzalez. (Related document(s): Motion to Dismiss 7 .) (Attachments: # 1 Attachment A# 2 Attachment B# 3 Attachment C) (Cox, James) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

9

Notice of Association of Attorney Kathryn Louise Moore and James E. Cox, Jr for Michael Chertoff and Emilio T. Gonzalez.Filed by Michael Chertoff, Emilio T. Gonzalez. (Cox, James) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

10

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) 7 . Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

11

ORDER: GRANTING Motion for Extension of Time to File Response/Reply 10 . Response is due by 11/19/2007, for the motion to dismiss (#7). Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

13

First Amended Complaint.Filed by Service Employees International Union, Pineros Y Campesinos Unidos Del Noroeste against all defendants. (Manning, Stephen) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

14

Notice re Amended Complaint 13 pursuant to LR 15 .Filed by all plaintiffs. (Related document(s): Amended Complaint 13 .) (Manning, Stephen) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

15

Joint Motion to Set Briefing Schedule For Defendants Motion to Dismiss the First Amended Complaint . Filed by all parties. (Cox, James) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

16

Record of Order by Michael W. Mosman. Order GRANTING FINDING AS MOOT Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (#15). Dispositive Motions are due by 12/21/2007. Responses to Dispositive Motions are due by 1/18/2008. Replies to Dispositive Motions are due by 2/8/2008. FINDING AS MOOT Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (#7). Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

17

Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. On 11/9/07, the new U.S. Attorney General, Michael Mukasey, was sworn into office, officially replacing Alberto Gonzales. Therefore Michael Mukasey is the new first named defendant in this case, effective nunc pro tunc 11/9/07. (cib) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

18

Order for Administrative Correction of the Record regarding Administrative Correction of the Record, 17 . Alberto Gonzales is not a listed party for this case. Disregard the Correction of of Record(#17) A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. (cib) (Entered: 12/05/2007)

Dec. 5, 2007

Dec. 5, 2007

19

Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) . Oral Argumentrequested Filed by all defendants. (Cox, James) (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

20

Memorandum in Support of Defendants Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) . Filed by all defendants. (Related document(s): Motion to Dismiss 19 .) (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C) (Cox, James) (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

21

Response in Opposition to Motion to Dismiss Amended Complaint . Filed by all plaintiffs. (Manning, Stephen) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

22

Unopposed Motion to Supplement Plaintiffs' Response to Motion to Dismiss . Filed by all plaintiffs. (Manning, Stephen) (Entered: 01/24/2008)

Jan. 24, 2008

Jan. 24, 2008

23

Memorandum in Support Plaintiffs' Motion to Supplement Response . Filed by all plaintiffs. (Related document(s): Motion to Supplement 22 .) (Manning, Stephen) (Entered: 01/24/2008)

Jan. 24, 2008

Jan. 24, 2008

24

Supplemental Response in Opposition to Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) 19 . Filed by all plaintiffs. (Attachments: # 1 Attachment) (Manning, Stephen) (Entered: 01/24/2008)

Jan. 24, 2008

Jan. 24, 2008

25

ORDER: GRANTING Unopposed Motion to Supplement Plaintiffs' Response to Motion to Dismiss 22 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/24/2008)

Jan. 24, 2008

Jan. 24, 2008

26

Defendants Reply to Plaintiffs Response to Defendants Motion to Dismiss. Filed by all defendants. (Related document(s): Response in Opposition to Motion 21 , Response in Opposition to Motion 24 .) (Cox, James) Modified on 2/11/2008 (Brost, Colleen). (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

28

Record of Order by Michael W. Mosman. Please come prepared to discuss 5 U.S.C. § 701(a)(2) as it relates to USCIS setting fee levels. Also be prepared to discuss waiver as it relates to the N−400 fee for naturalization. Ordered by Judge Michael W. Mosman. (dls) (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

29

MINUTES of Proceedings: Motion Hearing. Order GRANTING IN PART/DENYING IN PART Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (#19) as stated on the record. Order GRANTING Motion to Dismiss as to Claims 1 and 3. Order GRANTING Motion to Dismiss, as to Claim 2 as it relates to bundling dependant on claim 1; Order DENYING Motion to Dismiss, as to Claim 2 as it relates to pure bundling and double−charging, as stated on the record. Stephen W Manning, Jennifer M Rotman and Jessica M Boell present as counsel for plaintiff(s). Kathryn Louise Moore, and Phillip Elder present as counsel for defendant(s). Court Reporter: Dennis Grube. Michael W. Mosman presiding. (dls) (Entered: 04/18/2008)

April 17, 2008

April 17, 2008

30

Answer to Amended Complaint. Filed by Michael Chertoff, Emilio T. Gonzalez, Michael B. Mukasey. (Cox, James) (Entered: 05/01/2008)

May 1, 2008

May 1, 2008

31

Joint Motion for scheduling order . Filed by all plaintiffs. (Manning, Stephen) (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

32

ORDER: GRANTING JOINT MOTION FOR A SCHEDULING ORDER 31 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

33

Order. Discovery is to be completed by 9/30/2008. Dispositive Motions are due by 10/31/2008. Joint Alternate Dispute Resolution Report and Pretrial Order will be due 30 days after the resolution of dispositive motions. Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

34

Certified Administrative Record. Filed by all defendants. (cib) (Entered: 06/05/2008)

June 4, 2008

June 4, 2008

35

Notice of Attorney Substitution:Attorney Adrian L. Brown is substituted as counsel of record in place of Attorney James E. Cox, Jr.Filed by Michael Chertoff, Emilio T. Gonzalez, Michael B. Mukasey. (Brown, Adrian) (Entered: 08/15/2008)

Aug. 15, 2008

Aug. 15, 2008

36

Unopposed Motion to Dismiss Surviving Parts of Second Claim . Filed by all plaintiffs. (Manning, Stephen) (Entered: 09/17/2008)

Sept. 17, 2008

Sept. 17, 2008

37

ORDER: GRANTING Unopposed Motion to Dismiss Surviving Parts of Second Claim 36 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 09/17/2008)

Sept. 17, 2008

Sept. 17, 2008

38

Judgment. Based on the Opinion and Order of the court entered April 17, 2008 (#29), granting in part and denying in part, defendants' Motion to Dismiss (#19), and Order of the court entered September 17, 2008 (#37) granting plaintiffs' Motion to Dismiss the remaining claim (#36). IT IS HEREBY ORDERED AND ADJUDGED that the above captioned matter is DISMISSED with prejudice. Pending motions, if any, are DENIED AS MOOT. Signed on 11/6/08 by Judge Michael W. Mosman. (dls) (Entered: 11/06/2008)

Nov. 6, 2008

Nov. 6, 2008

39

Transcript of Motion Hearing Proceedings held on 4/17/08 before Judge Michael W. Mosman. Court Reporter: Dennis R. Grube.. (mkk) (Entered: 11/20/2008)

Nov. 17, 2008

Nov. 17, 2008

Case Details

State / Territory: Oregon

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 28, 2007

Closing Date: Nov. 6, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Service Employees International Union, a labor union

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

United States Citizenship and Immigration Services, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Admission - procedure

Status/Classification

U.S. citizenship - acquiring

Work authorization - criteria