Case: Roshandel v. Chertoff

2:07-cv-01739 | U.S. District Court for the Western District of Washington

Filed Date: Oct. 29, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On October 29, 2007, attorneys with the ACLU of Washington, the Northwest Immigrant Rights Project and private counsel filed a class action suit in the U.S. District Court for the Western District of Washington on behalf of lawful permanent residents of the United States whose naturalization applications had been pending for over two years with the U.S. Bureau of Citizenship and Immigration Services ("CIS"), awaiting the results of a FBI "name check." Plaintiffs asserted that the unreasonable…

On October 29, 2007, attorneys with the ACLU of Washington, the Northwest Immigrant Rights Project and private counsel filed a class action suit in the U.S. District Court for the Western District of Washington on behalf of lawful permanent residents of the United States whose naturalization applications had been pending for over two years with the U.S. Bureau of Citizenship and Immigration Services ("CIS"), awaiting the results of a FBI "name check." Plaintiffs asserted that the unreasonable delays caused by the FBI "name check" process violated the Administration Procedure Act, 5 U.S.C. § 701, et seq. Plaintiffs requested that the Court grant plaintiffs' naturalization applications pursuant to 8 U.S.C. § 1447(b), or in the alternative, compel the government to render decisions on them. Plaintiffs sought additional declaratory and injunctive relief, as well as class certification.

Plaintiffs proposed certification of a class consisting of all persons residing in the Western District of Washington who have submitted naturalization applications to CIS and whose naturalization applications are not adjudicated within 120 days of the date of their initial exam due to pendency of a "name check."

On April 25, 2008, the District Court (Judge Marsha J. Pechman) certified the proposed class. Roshandel v. Chertoff, 554 F. Supp. 2d 1194 (W.D. Wash. 2008). The Court granted a joint motion by the parties to amend the class definition on June 3, clarifying the class's temporal and geographic scope. Roshandel v. Chertoff, No. 2:07-cv-01739, 2008 WL 2275558 (W.D. Wash. June 3, 2008).

Meanwhile, on January 8, 2008, the defendants had filed a motion to dismiss or remand to CIS for adjudication. The Court (Judge Pechman) denied this motion on May 5, striking some aspects of the motion to dismiss as outside of the complaint, finding the others to be without merit, and finding the arguments for remand to be inapplicable in light of class certification and the addition of more named plaintiffs to the amended complaint. Roshandel v. Chertoff, No. 2:07-cv-01739, 2008 WL 1969646, 2008 U.S. Dist. LEXIS 90899 (W.D. Wash. May 5, 2008).

On May 29, 2008, the plaintiffs filed a motion for partial summary judgment on the issue of the class members' right to a judicial determination of application for naturalization pursuant to 8 U.S.C. § 1447(b). The Court never ruled on the motion, however, as the parties came to a settlement on August 11. The agreement set out a timeline for adjudication of class members' applications and subsequent naturalization proceedings, and gave the Court continued jurisdiction to enforce its terms. It also required defendants to pay plaintiffs' counsel $185,000 in fees and costs.

The Court approved the settlement on August 25, 2008, and remanded to CIS to adjudicate the class members' claims. By November 20, 2008, all claims had been adjudicated, and thus the settlement agreement was terminated and the case was dismissed.

Summary Authors

Christopher Schad (7/3/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4845650/parties/roshandel-v-chertoff/


Judge(s)

Pechman, Marsha J. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Caplan, Aaron H. (Washington)

Day, Alfred Arthur (Washington)

Dunne, Sarah A. (Washington)

Latsinova, Rita (Washington)

Strawn, Christopher (Washington)

Attorneys(s) for Defendant

Chan, Priscilla To-Yin (Washington)

Cohen, Rebecca Shapiro (Washington)

Expert/Monitor/Master

Safavi, Nancy (District of Columbia)

Judge(s)

Pechman, Marsha J. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Caplan, Aaron H. (Washington)

Day, Alfred Arthur (Washington)

Dunne, Sarah A. (Washington)

Latsinova, Rita (Washington)

Strawn, Christopher (Washington)

Attorneys(s) for Defendant

Chan, Priscilla To-Yin (Washington)

Cohen, Rebecca Shapiro (Washington)

Expert/Monitor/Master

Safavi, Nancy (District of Columbia)

Documents in the Clearinghouse

Document

2:07-cv-01739

Docket (PACER)

Dec. 8, 2008

Dec. 8, 2008

Docket
21

2:07-cv-01739

First Amended Complaint - Class Action

April 8, 2008

April 8, 2008

Complaint
28

2:07-cv-01739

Order Granting Plaintiffs' Motion for Class Certification

554 F.Supp.2d 1194

April 25, 2008

April 25, 2008

Order/Opinion
30

2:07-cv-01739

Order Denying Government's Motion to Dismiss and/or Remand

2008 WL 1969646, 2008 U.S.Dist.LEXIS 90899

May 5, 2008

May 5, 2008

Order/Opinion
39

2:07-cv-01739

Plaintiffs' Motion for Partial Summary Judgment

May 29, 2008

May 29, 2008

Pleading / Motion / Brief
41

2:07-cv-01739

Order Granting Joint Motion to Amend Class Definition

2008 WL 2275558

June 3, 2008

June 3, 2008

Order/Opinion
75

2:07-cv-01739

Settlement Agreement and Release

Aug. 11, 2008

Aug. 11, 2008

Settlement Agreement
82

2:07-cv-01739

Order Granting Final Approval of Settlement Agreement

Aug. 25, 2008

Aug. 25, 2008

Order/Opinion
81

2:07-cv-01739

Order Granting Class-Wide Remand

Aug. 25, 2008

Aug. 25, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4845650/roshandel-v-chertoff/

Last updated Aug. 2, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT −− CLASS ACTION against defendant(s) Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Peter Keisler, Robert Mueller, III, United States of America (Summons(es) issued)(Receipt #: SEA13048), filed by Hawo Ahmed, Lin Huang, Roshanak Roshandel, Vafa Ghazi−Moghaddam. (Attachments: # 1 Civil Cover Sheet)(DJ). (Entered: 10/31/2007)

Oct. 29, 2007

Oct. 29, 2007

28

ORDER granting 4 Motion to Certify Class by Judge Marsha J. Pechman.(CS)

April 25, 2008

April 25, 2008

RECAP
30

ORDER denying 9 Motion to Remand and/or Dismiss by Judge Marsha J. Pechman.(CS)

May 5, 2008

May 5, 2008

RECAP
2

DECLARATION of Service by Plaintiff Roshandel Roshanak. (Attachments: # 1 Exhibit A)(Day, Alfred) (Entered: 11/12/2007)

Nov. 12, 2007

Nov. 12, 2007

32

ORDER denying as moot 25 Motion to consider Harrison Declaration by Judge Marsha J. Pechman.(ADO)

May 13, 2008

May 13, 2008

RECAP
3

NOTICE of Appearance by attorney Rebecca Shapiro Cohen on behalf of Defendants Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Peter Keisler, Robert Mueller, III, United States of America. (Cohen, Rebecca) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

4

MOTION to Certify Class by Plaintiffs Hawo Ahmed, Lin Huang, Roshanak Roshandel, Vafa Ghazi−Moghaddam. Oral Argument Requested. (Attachments: # 1 Proposed Order Granting Motion for Class Certification)Noting Date 1/18/2008.(Latsinova, Margarita). (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

41

ORDER granting 36 Stipulated Motion to Amend Class Definition by Judge Marsha J. Pechman.(ADO)

June 3, 2008

June 3, 2008

RECAP
5

DECLARATION of Rita V. Latsinova in Support of 4 MOTION to Certify Class (Attachments: # 1 Exhibit Annual report 2007# 2 Exhibit Table 23# 3 Exhibit Notices)(Latsinova, Margarita) Modified on 11/23/2007 (ECS, ). (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

6

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 1/9/2008, FRCP 26f Conference Deadline is 12/26/2007, Initial Disclosure Deadline is 1/2/2008 by Judge Marsha J. Pechman. (ADO) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

7

STIPULATION AND PROPOSED AGREED ORDER MODIFYING CASE DEADLINES by parties. (Day, Alfred) Modified text on 12/26/2007 (MD, ). (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

8

STIPULATION AND AGREED ORDER MODIFYING CASE DEADLINES re 7 Stipulation filed by Roshanak Roshandel: Defendants shall have until 1/8/08 to answer, move or otherwise respond to plaintiffs' Class Action Complaint; Defendants shall file their anticipated motion to dismiss plaintiffs' Class action complaint on or before 1/8/2008,Initial Disclosure Deadline is 1/18/2008.,Joint Status Report due by 1/22/2008. Plaintiffs shall re−note their pending motion − 4 MOTION to Certify Class on February 22, 2008by Judge Marsha J. Pechman. (MD, ) (Entered: 01/03/2008)

Jan. 2, 2008

Jan. 2, 2008

9

MOTION to Remand to USCIS and/or dismiss by Defendants Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Peter Keisler, Robert Mueller, III, United States of America. (Attachments: # 1 Proposed Order # 2 Exhibit Ex. A (Cannon Decl.))Noting Date 2/22/2008.(Cohen, Rebecca) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

10

DECLARATION of Susan Walk filed by Defendants Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Peter Keisler, Robert Mueller, III, United States of America re 9 MOTION to Remand to USCIS and/or dismiss (Cohen, Rebecca) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

Noting Date Set/Reset re 4 MOTION to Certify Class : Noting Date 2/22/2008. (ADO) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

12

MINUTE ORDER re 11 Joint Status Report. Having reviewed the JSR, the parties are directed to file a supplemental joint status report ten calendar days after the Court issues an order on the pending motion to dismiss/remand or motion for class certification, whichever comes later by Judge Marsha J. Pechman. (ADO) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

13

RESPONSE, by Plaintiff Roshanak Roshandel, to 9 MOTION to Remand to USCIS and/or dismiss . Oral Argument Requested. (Attachments: # 1 Exhibit 1 (pp 25−39)# 2 Exhibit 2 (pp 40−60)# 3 Exhibit 3 (pp 61−62)# 4 Exhibit 4 (pp 63−72)# 5 Exhibit 5 (pp 73−75)# 6 Exhibit 6 (76−114))(Day, Alfred) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

14

DECLARATION of Alfred A. Day in Support of Plaintiffs' Opposition to Motion to Dismiss and/or Remand filed by Plaintiff Roshanak Roshandel re 9 MOTION to Remand to USCIS and/or dismiss (Attachments: # 1 Exhibit A (pp 4−6)# 2 Exhibit B (pp 7−9)# 3 Exhibit C (pp 10−12)# 4 Exhibit D (pp 13−16)# 5 Exhibit E (pp 17−22))(Day, Alfred) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

15

RESPONSE, by Defendants Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Peter Keisler, Robert Mueller, III, to 4 MOTION to Certify Class. (Cohen, Rebecca) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

16

REPLY, filed by Plaintiffs Hawo Ahmed, Roshanak Roshandel, Vafa Ghazi−Moghaddam, TO RESPONSE to 4 MOTION to Certify Class (Latsinova, Margarita) (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

17

REPLY, filed by Defendants Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Peter Keisler, Robert Mueller, III, United States of America, TO RESPONSE to 9 MOTION to Remand to USCIS and/or dismiss (Cohen, Rebecca) (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

18

DECLARATION of Nancy Safavi filed by Defendants Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Peter Keisler, Robert Mueller, III, United States of America re 9 MOTION to Remand to USCIS and/or dismiss (Attachments: # 1 Exhibit A)(Cohen, Rebecca) (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

19

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiffs Hawo Ahmed, Lin Huang, Roshanak Roshandel, Vafa Ghazi−Moghaddam. Margarita V Latsinova is substituted as counsel for Plaintiffs. Al Day is no longer associated with Stoel Rives (Latsinova, Margarita) (Entered: 03/11/2008)

March 11, 2008

March 11, 2008

20

MINUTE ORDER In−court Hearing set for 4/11/2008 at 02:30 PM in Courtroom 14206 before Hon. Marsha J. Pechman.by Judge Marsha J. Pechman. (ADO) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

21

AMENDED COMPLAINT − CLASS ACTION against defendant(s) Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America, filed by Hawo Ahmed, Lin Huang, Roshanak Roshandel, Vafa Ghazi−Moghaddam.(Latsinova, Margarita) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

22

SUPPLEMENT re 9 MOTION to Remand to USCIS and/or dismiss by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. (Cohen, Rebecca) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

23

DECLARATION of Second Declaration of Susan Walk re 22 Supplement Supplemental Motion to Dismiss and/or Remand to USCIS by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. (Attachments: # 1 Exhibit A)(Cohen, Rebecca) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

24

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman − Dep Clerk: Eileen Scollard ; Pla Counsel: Alfred Day/Rita Latsinova, et al ; Def Counsel: Nancy Safavi, et al ; CR: Nichole Rhynhard ; Time of Hearing: 2:30 p.m. ; Motion Hearing held on 4/11/2008 re 4 MOTION to Certify Class filed by Roshanak Roshandel, Vafa Ghazi−Moghaddam, Lin Huang, Hawo Ahmed, 9 MOTION to Remand to USCIS and/or dismiss filed by Ann Corsano, Robert Mueller, III, Michael Chertoff, Peter Keisler, Julia Harrison, Emilio Gonzalez, United States of America. Court hears argument and will issue a written decision. (ES) (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

25

MOTION Motion to Consider Declaration of Julia Harrison re 4 MOTION to Certify Class, 22 Supplement, 9 MOTION to Remand to USCIS and/or dismiss by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. (Attachments: # 1 Exhibit A (Harrison Declaration)# 2 Proposed Order)Noting Date 5/9/2008.(Safavi, Nancy) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

26

NOTICE to Court Re: Clarification of Statement Made At Oral Argument On 4.11.08 ; filed by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. (Attachments: # 1 Exhibit A (Safavi Declaration)# 2 Exhibit B (Smith Declaration))(Safavi, Nancy) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

27

DECLARATION of Michael A. Cannon re 26 Notice−Other, by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. (Safavi, Nancy) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

29

NOTICE of Corrected Image/Document re 28 Order on Motion to Certify Class. (Service of corrected image is attached). (MD, ) Modified on 4/30/2008 − "THE COURT HAS MADE A NUMBER OF TYPOGRAPHICAL AND BLUE BOOK EDITS THAT ARE REFLECTED IN THIS CORRECTED ORDER. THE COURT MADE NO SUBSTANTIVE CHANGES TO THE ORIGINAL ORDER ENTERED ON 4/25/08 {DKT. NO. 28]"(MD, ). (Entered: 04/29/2008)

April 25, 2008

April 25, 2008

NOTICE of Docket Text Modification re 29 Notice of Corrected Image/Document: "The Court has made a number of typographical and Blue Book edits that are reflected in this Corrected Order. The Court made no substantive changes to the original order entered on 4/25/08 [Dkt. No. 28]." (MD, ) (Entered: 04/30/2008)

April 29, 2008

April 29, 2008

31

JOINT STATUS REPORT signed by all parties;. (Attachments: # 1 Exhibit A (Plaintiffs' Proposed Class Notice), # 2 Exhibit B (Defendants' Response to Plaintiffs' Class Notice))(Safavi, Nancy) (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

33

ANSWER to 21 Amended Complaint, by Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America.(Safavi, Nancy) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

34

MINUTE ORDER re: Joint Status Report and Stipulated Motion to Clarify the Class Definition. Joint Status Report due by 5/28/2008; by Judge Marsha J. Pechman. (ADO) (Entered: 05/20/2008)

May 20, 2008

May 20, 2008

35

NOTICE of Change of Address of Attorney Alfred Arthur Day. Filed by Plaintiffs Ahmad Alkabra, Mohammad Reza Aidinejad, Zahra Abedin, Hawo Ahmed, Lin Huang, Roshanak Roshandel, Vafa Ghazi−Moghaddam. (Day, Alfred) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

36

Stipulated MOTION for Clarification by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. (Attachments: # 1 Exhibit A) Noting Date 5/23/2008; (Safavi, Nancy) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

38

JOINT STATUS REPORT signed by all parties;. (Safavi, Nancy) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

39

MOTION for Partial Summary Judgment by Plaintiffs Ahmad Alkabra, Mohammad Reza Aidinejad, Zahra Abedin, Hawo Ahmed, Lin Huang, Roshanak Roshandel, Vafa Ghazi−Moghaddam. (Attachments: # 1 Proposed Order Granting Motion for Partial SJ) Noting Date 6/20/2008; (Latsinova, Margarita) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

40

STIPULATION AND PROPOSED ORDER re REMAND by parties re 30 Order on Motion to Remand, 24 Motion Hearing,,. (Latsinova, Margarita) (Entered: 06/03/2008)

June 3, 2008

June 3, 2008

42

STIPULATION AND ORDER OF REMAND re 40 Stipulation filed by Roshanak Roshandel, Zahra Abedin, Mohammad Reza Aidinejad, Vafa Ghazi−Moghaddam, Ahmad Alkabra, Lin Huang, Hawo Ahmed by Judge Marsha J. Pechman. (MD) (Entered: 06/04/2008)

June 3, 2008

June 3, 2008

43

MOTION to Continue Noting Date for Plaintiffs' Motion for Partial Summary Judgment by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order) Noting Date 6/13/2008; (Safavi, Nancy) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

44

RESPONSE, by Plaintiffs Ahmad Alkabra, Mohammad Reza Aidinejad, Zahra Abedin, Hawo Ahmed, Lin Huang, Roshanak Roshandel, Vafa Ghazi−Moghaddam, to 43 MOTION to Continue Noting Date for Plaintiffs' Motion for Partial Summary Judgment . (Latsinova, Margarita) (Entered: 06/09/2008)

June 9, 2008

June 9, 2008

45

Agreed MOTION to Remand Retroactively to USCIS (and proposed order) by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. Noting Date 6/11/2008; (Safavi, Nancy) (Entered: 06/11/2008)

June 11, 2008

June 11, 2008

46

DECLARATION of Julia Harrison filed by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America re 45 Agreed MOTION to Remand Retroactively to USCIS (and proposed order) Agreed MOTION to Remand Retroactively to USCIS (and proposed order) (Safavi, Nancy) (Entered: 06/11/2008)

June 11, 2008

June 11, 2008

47

NOTICE of Joinder JOINING 45 Agreed MOTION to Remand Retroactively to USCIS (and proposed order) Agreed MOTION to Remand Retroactively to USCIS (and proposed order) , by Plaintiffs Ahmad Alkabra, Mohammad Reza Aidinejad, Zahra Abedin, Hawo Ahmed, Lin Huang, Roshanak Roshandel, Vafa Ghazi−Moghaddam. (Latsinova, Margarita) (Entered: 06/11/2008)

June 11, 2008

June 11, 2008

48

MINUTE ORDER re: 45 Agreed MOTION to Remand. The Court strikes the "Agreed Motion" because it appears that the parties are not in agreement. The parties are directed to meet and confer and offer a proposed agreed order by Judge Marsha J. Pechman. (ADO) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

49

STIPULATION AND PROPOSED ORDER regarding request for retroactive remand by parties. (Safavi, Nancy) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

50

ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *UNKNOWN*. Jury Trial is set for 6/15/2009 at 09:00 AM before Judge Marsha J. Pechman. Class Notification complete July 3, 2009; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 8/3/2008; Motions due by 8/3/2008; Discovery completed by 10/3/2008; A. USCIS provides A−files for 3 new named plaintiffs 6/6/08; b. USCIS provides updated FBI administrative record regarding 3 new named plaintiffs by 6/6/08; c. USCIS provides administrative record regard class claims by 6/20/08; Dispositive motions on APA claims due by 11/17/2008; Dispositive motions deadline on 8 USC 1447(b) claims (to be decided after filing of JSR after Court rules on APA motions); Cross−motions shall be filed using a four brief briefing schedule; Parties to file their opening motions on the same day no later than 11/17/08; Responses to those motions must be filed no later than 12/12/08; No reply briefs are to be filed unless directed by the Court, except as authorized by Local CR 7(g); Supplemental Joint Status Report (to be filed 10 calendar days after Court's ruling on APA motions); Settlement conference to be held by 10/17/2008; 39.1 Settlement Report due by 11/17/2008; Motions in Limine due by 5/19/2009; Pretrial Order due by 6/3/2009; Pretrial Conference set for 6/5/2009 at 10:00 AM before Judge Marsha J. Pechman. Trial briefs to be submitted by 6/10/2009; Proposed voir dire/jury instructions due by 6/10/2009; by Judge Marsha J. Pechman. (MD) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

57

AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *UNKNOWN*. Jury Trial is set for 6/15/2009 at 09:00 AM before Judge Marsha J. Pechman. Class Notification Mailed July 3, 2008; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 8/3/2008; Motions due by 9/3/2008; Discovery completed by 10/3/2008; A. USCIS provides A−files for 3 new named plaintiffs of 6/6/08; B. USCIS provides updated FBI administrative record regarding 3 new named plaintiffs by 6/6/08; C. USCIS provides administrative record regard class claims by 6/20/08; Dispositive motions due by 11/17/2008; Supplemental Joint Status Report − to be filed 10 calendar days after Court's ruling on final dispositive motions; Settlement conference to be held by 10/17/2008; 39.1 Settlement Report due by 11/17/2008; Motions in Limine due by 5/19/2009; Pretrial Order due by 6/3/2009; Pretrial Conference set for 6/5/2009 at 10:00 AM before Judge Marsha J. Pechman. Trial briefs to be submitted by 6/10/2009; Proposed voir dire/jury instructions due by 6/10/2009; by Judge Marsha J. Pechman. (MD) (Entered: 06/16/2008)

June 12, 2008

June 12, 2008

51

STIPULATION AND PROPOSED ORDER re CONFIDENTIALITY OF DISCOVERY MATERIAL by parties. (Latsinova, Margarita) Modified text on 6/16/2008 (MD). (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

52

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Aaron H Caplan for Plaintiffs Ahmad Alkabra, Mohammad Reza Aidinejad, Zahra Abedin, Hawo Ahmed, Lin Huang, Roshanak Roshandel, Vafa Ghazi−Moghaddam. (Dunne, Sarah) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

53

STIPULATION AND ORDER RE: REQUEST FOR RETROACTIVE REMAND re 49 Stipulation filed by Ann Corsano, Robert Mueller, III, Michael Chertoff, Michael Mukasey, Julia Harrison, Emilio Gonzalez, United States of America by Judge Marsha J. Pechman. (MD) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

54

NOTICE Re Joint Submission of Proposed Class Notice ; filed by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. (Attachments: # 1 Exhibit A)(Safavi, Nancy) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

55

STIPULATION AND PROPOSED ORDER Re: Release of Information to Class Counsel by parties. (Safavi, Nancy) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

56

REPLY, filed by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America, TO RESPONSE to 43 MOTION to Continue Noting Date for Plaintiffs' Motion for Partial Summary Judgment (Safavi, Nancy) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

58

RESPONSE, by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America, to 39 MOTION for Partial Summary Judgment. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Cohen, Rebecca) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

59

DECLARATION of Julia Harrison filed by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America re 39 MOTION for Partial Summary Judgment (Attachments: # 1 Exhibit A)(Cohen, Rebecca) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

61

STIPULATION AND ORDER re release of information to class counsel by Judge Marsha J. Pechman. (RS) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

62

ORDER STRIKING 51 Stipulation re: Confidentiality of Discovery Material by Judge Marsha J. Pechman. (ADO) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

63

STIPULATION AND PROPOSED ORDER requesting appointment of magistrate judge to serve as mediator by parties. (Safavi, Nancy) (Entered: 06/20/2008)

June 20, 2008

June 20, 2008

64

STIPULATION AND PROPOSED ORDER of REMAND by parties. (Latsinova, Margarita) (Entered: 06/20/2008)

June 20, 2008

June 20, 2008

65

STIPULATION AND PROPOSED ORDER re Confidentiality of Discovery Materials by parties re 51 Stipulation. (Latsinova, Margarita) (Entered: 06/20/2008)

June 20, 2008

June 20, 2008

66

REPLY, filed by Plaintiffs Ahmad Alkabra, Mohammad Reza Aidinejad, Zahra Abedin, Hawo Ahmed, Lin Huang, Roshanak Roshandel, Vafa Ghazi−Moghaddam, TO RESPONSE to 39 MOTION for Partial Summary Judgment (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Partial Summary Judgment)(Latsinova, Margarita) (Entered: 06/20/2008)

June 20, 2008

June 20, 2008

67

DECLARATION of Al Day re Reply in Support of Plaintiffs' Motion for Partial Summary Judgment w/Ex A filed by Plaintiffs Ahmad Alkabra, Mohammad Reza Aidinejad, Zahra Abedin, Hawo Ahmed, Lin Huang, Roshanak Roshandel, Vafa Ghazi−Moghaddam re 39 MOTION for Partial Summary Judgment (Latsinova, Margarita) (Entered: 06/20/2008)

June 20, 2008

June 20, 2008

69

STIPULATION AND ORDER OF REMAND AS TO PLTF MR. ALKABRA'S NATURALIZATION APPLICATION re 64 Stipulation filed by Roshanak Roshandel, Zahra Abedin, Mohammad Reza Aidinejad, Vafa Ghazi−Moghaddam, Ahmad Alkabra, Lin Huang, Hawo Ahmed by Judge Marsha J. Pechman. (MD) (Entered: 06/26/2008)

June 25, 2008

June 25, 2008

70

STIPULATION AND ORDER RE: CONFIDENTIALITY OF DISCOVERY MATERIAL re 65 Stipulation filed by Roshanak Roshandel, Zahra Abedin, Mohammad Reza Aidinejad, Vafa Ghazi−Moghaddam, Ahmad Alkabra, Lin Huang, Hawo Ahmed by Judge Marsha J. Pechman. (MD) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

71

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman− Dep Clerk: Eileen Scollard ; Pla Counsel: Alfred Day ; Def Counsel: Nancy Safavi, et al ; CR: none ; Time of Hearing: 15 mins. ; In Chambers Conference held on 7/2/08. Court to refer to a MagistrateJudge for a settlement conference. (ES) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

72

MINUTE ORDER setting settlement conference and confidential brief deadline by Hon. Brian A. Tsuchida. Settlement Conference set for 7/21/2008 at 09:00 AM in Courtroom 12A before Hon. Brian A Tsuchida. Confidential settlement brief due no later than Wednesday July 16, 2008. (AE) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

73

STIPULATION AND ORDER REQUESTING APPOINTMENT OF MAGISTRATE JUDGE TO CONDUCT MEDIATION − APPOINTED MAGISTRATE JUDGE TSUCHIDA re 63 Stipulation filed by Ann Corsano, Robert Mueller, III, Michael Chertoff, Michael Mukasey, Julia Harrison, Emilio Gonzalez, United States of America by Judge Marsha J. Pechman. (MD, copy to MJ Tsuchida) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

Set Hearing: In−court Hearing re Fairness of Settlement is scheduled for 8/25/08 at 9:00 a.m. before Judge Marsha J. Pechman. (ES) (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

75

Joint MOTION AND PROPOSED ORDER− preliminary approval of proposed settlement agreement and proposed class notice by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. (Attachments: # 1 Exhibit 1 (Settlement Agreement, with attachments A−C)) Noting Date 8/11/2008 (Safavi, Nancy) Modified text on 8/12/2008 (MD). (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

76

STIPULATION AND PROPOSED ORDER for class wide remand by parties. (Safavi, Nancy) (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

77

MINUTE ORDER − The Court held a telephone conference with the parties on Tuesday, August 12, 2008 to discuss sections of the proposed settlement agreement and stipulation for remand regarding jurisdiction re: 75 Joint MOTION preliminary approval of proposed settlement agreement and proposed class notice filed by Ann Corsano, Robert Mueller, III, Michael Chertoff, Michael Mukasey, Julia Harrison, Emilio Gonzalez, United States of America. The Court requested that Ms. Safavi meet and confer with her clients and provide the Court with a report on what actions must be completed to prepare the remaining naturalization applications for adjudication and whether those actions can be accomplished without a remand order from the Court by Judge Marsha J. Pechman. (MD) (Entered: 08/12/2008)

Aug. 12, 2008

Aug. 12, 2008

Reset Hearing: At the request of the parties, the Fairness of Settlement Hearing scheduled for 8/28/08 is rescheduled for 8/25/2008 at 9:00 a.m. before Judge Marsha J. Pechman. (ES) (Entered: 08/13/2008)

Aug. 13, 2008

Aug. 13, 2008

78

Joint MOTION preliminary approval of proposed settlement agreement and class notice (with proposed order) by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. (Attachments: # 1 Exhibit 1 (Proposed Settlement Agreement, With Exhibits)) Noting Date 8/13/2008 (Safavi, Nancy) (Entered: 08/13/2008)

Aug. 13, 2008

Aug. 13, 2008

79

ORDER FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT AND APPROVAL OF NOTICE OF SETTLEMENT granting 78 Motion ; fairness hearing set for 9am on 8/25/08 by Judge Marsha J. Pechman.(RS) (Entered: 08/15/2008)

Aug. 15, 2008

Aug. 15, 2008

***Motion terminated: 39 MOTION for Partial Summary Judgment filed by Roshanak Roshandel, Zahra Abedin, Mohammad Reza Aidinejad, Vafa Ghazi−Moghaddam, Ahmad Alkabra, Lin Huang, Hawo Ahmed. Motion terminated after Court signed proposed order granting final approval of settlement and proposed order of remand. (ADO) (Entered: 08/25/2008)

Aug. 25, 2008

Aug. 25, 2008

80

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman− Dep Clerk: Eileen Scollard ; Pla Counsel: Margarita Latsinova, et al ; Def Counsel: Nancy Safavi, et al ; CR: Susan Zielie ; Time of Hearing: 9:00 a.m. ; Motion Hearing held on 8/25/08 re 75 Joint MOTION preliminary approval of proposed settlement agreement and proposed class notice filed by Ann Corsano, Robert Mueller, III, Michael Chertoff, Michael Mukasey, Julia Harrison, Emilio Gonzalez, United States of America, 78 Joint MOTION preliminary approval of proposed settlement agreement and class notice (with proposed order) Joint MOTION preliminary approval of proposed settlement agreement and class notice (with proposed order) filed by Ann Corsano, Robert Mueller, III, Michael Chertoff, Michael Mukasey, Julia Harrison, Emilio Gonzalez, United States of America. Counsel state there are no objections to the settlement. Court signs Order Granting Final Approval of Settlement Agreement and Order Granting Class−Wide Remand. (ES) (Entered: 08/25/2008)

Aug. 25, 2008

Aug. 25, 2008

81

ORDER GRANTING CLASS−WIDE REMAND re 78 Joint MOTION preliminary approval of proposed settlement agreement and class notice (with proposed order filed by Ann Corsano, Robert Mueller, III, Michael Chertoff, Michael Mukasey, Julia Harrison, Emilio Gonzalez, United States of America by Judge Marsha J. Pechman. (MD) (Entered: 08/26/2008)

Aug. 25, 2008

Aug. 25, 2008

83

Joint Stipulated MOTION and (Proposed) Order Re: Class Notice to Additional Class Members by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. Noting Date 9/11/2008 (Safavi, Nancy) (Entered: 09/11/2008)

Sept. 11, 2008

Sept. 11, 2008

84

ORDER RE CLASS NOTICE TO ADDITIONAL CLASS MEMBERS granting 83 Stipulated Motion by Judge Marsha J. Pechman.(RS) (Entered: 09/11/2008)

Sept. 11, 2008

Sept. 11, 2008

85

STIPULATION AND PROPOSED ORDER RE CLASS NOTICE TO ADDITIONAL CLASS MEMBER by parties. (Cohen, Rebecca) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

86

SECOND STIPULATION AND ORDER re: class notice to additional class member re 85 Stipulation filed by Ann Corsano, Robert Mueller, III, Michael Chertoff, Michael Mukasey, Julia Harrison, Emilio Gonzalez, United States of America by Judge Marsha J. Pechman. (MD) (Entered: 09/19/2008)

Sept. 18, 2008

Sept. 18, 2008

87

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. Priscilla To−Yin Chan is substituted as counsel for Defendants. Attorney Rebecca Shapiro Cohen terminated. (Chan, Priscilla) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

88

Third Stipulated MOTION and Proposed Order Re: Class Notice to Additional Class Member by Defendants Michael Mukasey, Michael Chertoff, Emilio Gonzalez, Ann Corsano, Julia Harrison, Robert Mueller, III, United States of America. Noting Date 10/17/2008 (Safavi, Nancy) (Entered: 10/17/2008)

Oct. 17, 2008

Oct. 17, 2008

89

THIRD JOINT STIPULATION AND ORDER granting 88 Stipulated Motion re: class notice to additional class member by Judge Marsha J. Pechman.(MD) (Entered: 10/22/2008)

Oct. 21, 2008

Oct. 21, 2008

90

ORDER REQUESTING A JOINT STATUS REPORT − Parties are ORDERED TO FILE A JOINT STATUS REPORT updating the Court on (1) the status of the settlement and (2) a proposed timeline for termination of this case. Parties shall file the report within 10 days of this order, by Judge Marsha J. Pechman. (MD) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

91

JOINT STATUS REPORT signed by all parties estimated Trial Days: n/a.. (Safavi, Nancy) (Entered: 11/20/2008)

Nov. 20, 2008

Nov. 20, 2008

92

MINUTE ORDER − On November 20, 2008, the parties in the above captioned matter filed a joint status report informing the Court that the settlement has been effectuated. Because the Settlement Agreement has been terminated, there are no further issues remaining before the Court. The Court therefore dismisses this matter by Judge Marsha J. Pechman. (MD) (Entered: 12/08/2008)

Dec. 8, 2008

Dec. 8, 2008

68

ORDER granting 43 Motion to Continue and re-noting 39 MOTION for Partial Summary Judgment : Noting Date 8/8/2008; by Judge Marsha J. Pechman.(ADO)

June 25, 2008

June 25, 2008

RECAP

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 29, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All lawful permanent residents of the U.S. residing in the Western District of Washington who had submitted naturalization applications to USCIS and (1) whose applications were not determined within 120 days of the date of their initial examination, (2) whose name checks remained pending on the 120th day after their initial examination, (3) whose FBI name checks remained pending on October 29, 2007, and (4) whose applications were not adjudicated as of April 25, 2008.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Bureau of Citizenship and Immigration Services (“CIS”), Federal

Federal Bureau of Investigation (FBI), Federal

Department of Homeland Security, Federal

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

All Writs Act, 28 U.S.C. § 1651

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $185,000

Order Duration: 2008 - 2008

Issues

Immigration/Border:

Status/Classification

U.S. citizenship - acquiring