Case: Kolhatkar v. Arellano

8:07-cv-01394 | U.S. District Court for the Central District of California

Filed Date: Dec. 4, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On December 4, 2007, lawful permanent residents whose naturalization applications were not timely processed filed a lawsuit in the U.S. District Court for the Central District of California against the Department of Justice, Department of Homeland Security, the FBI, and the United States Citizenship and Immigration Services ("USCIS"). Specifically, plaintiffs alleged that the new regulatory requirement that the FBI name check every application had caused lengthy delays in adjudication of natura…

On December 4, 2007, lawful permanent residents whose naturalization applications were not timely processed filed a lawsuit in the U.S. District Court for the Central District of California against the Department of Justice, Department of Homeland Security, the FBI, and the United States Citizenship and Immigration Services ("USCIS"). Specifically, plaintiffs alleged that the new regulatory requirement that the FBI name check every application had caused lengthy delays in adjudication of naturalization applications.

Plaintiffs were represented by attorneys from the National Immigration Law Center and the ACLU of Southern California as well as attorneys from the firm Munger Tolles & Olson. Plaintiffs sought injunctive and declaratory relief as well as class certification.

Plaintiffs claimed that defendants' failure to complete the adjudication of their applications violated the timeliness requirements of the APA. Plaintiffs who had completed their naturalization interviews alleged that defendants had violated 8 U.S.C. § 1447(b) by failing to adjudicate the applications within 120 days of the date of the examinations. Plaintiffs also raised due process claims, alleging that defendants had violated their rights with a pattern, practice and policy of failing to timely complete FBI name checks and failing to make a final judgment on the application. Finally, plaintiffs claimed that defendants violated the notice-and-comment requirements of the APA because defendants' 2002 expansion of the FBI name check constituted a "rule" within the meaning of 5 U.S.C. § 551(4), but they did not provide a notice-and-comment period prior to implementing the rule.

On November 6, 2009, the court (Judge David O. Carter) approved the parties' settlement agreement. The settlement applied to certain naturalization applicants who applied within USCIS District 23 (including Los Angeles, Santa Ana, and San Bernadino Field Offices), who have had an interview, and whose application remains pending for more than 180 days due to the noncompletion of the FBI name check. The settlement required the government to adjudicate seventy percent of the applications within ninety days and ninety percent of the applications within 180 days. The agreement also provided for three sets of limited reports by USCIS to plaintiffs' counsel regarding the status of the naturalization applications.

On October 5, 2010, the court dismissed the case with prejudice in accordance with the settlement agreement where the parties had completed all obligations imposed by the agreement.

Summary Authors

Jennifer Bronson (10/28/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4143881/parties/sonali-kolhatkar-v-jane-arellano/


Judge(s)

Block, Robert N. (California)

Carter, David O. (California)

Attorneys(s) for Plaintiff

Helm, Mark Bartrum (California)

Joaquin, Linton (California)

Kreilkamp, Jacob S. (California)

Manuchehry, Ali (District of Columbia)

Nataranjan, Ranjana (California)

Park, Yungsuhn (California)

Preciado, Nora (California)

Rosenbaum, Mark Dale (California)

Judge(s)

Block, Robert N. (California)

Carter, David O. (California)

Attorneys(s) for Plaintiff

Helm, Mark Bartrum (California)

Joaquin, Linton (California)

Kreilkamp, Jacob S. (California)

Manuchehry, Ali (District of Columbia)

Nataranjan, Ranjana (California)

Park, Yungsuhn (California)

Preciado, Nora (California)

Rosenbaum, Mark Dale (California)

Su, Julie A (California)

Tumlin, Karen C. (California)

Yoshida, Mark Koji (California)

Attorneys(s) for Defendant

Go, Samuel P. (District of Columbia)

Kline, David J. (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

West, Tony (District of Columbia)

Documents in the Clearinghouse

Document

8:07-cv-01394

Docket

Kolhatkar v. Arelleno

Oct. 5, 2010

Oct. 5, 2010

Docket
91

8:07-cv-01394

Third Amended Complaint for Declaratory and Injunctive Relief-Class Action

Jan. 30, 2009

Jan. 30, 2009

Complaint
106

8:07-cv-01394

Joint Stipulation for Approval of Settlement Agreement

Oct. 16, 2009

Oct. 16, 2009

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4143881/sonali-kolhatkar-v-jane-arellano/

Last updated Aug. 28, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. (Filing fee $ 350 paid), filed by plaintiff Kwang Ho Lee, James Moorhead, Mansour Bavi, Abbas Amirichimeh.(klg) (Entered: 12/12/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER

60 DAY Summons Issued re Complaint 1 as to defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. (klg)

Dec. 4, 2007

Dec. 4, 2007

PACER
2

NOTICE of Interested Parties filed by Plaintiffs Kwang Ho Lee, James Moorhead, Mansour Bavi, Abbas Amirichimeh. (klg) (Entered: 12/12/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
3

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(klg) (Entered: 12/12/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
4

STATEMENT Related Cases filed by Plaintiffs Kwang Ho Lee, James Moorhead, Mansour Bavi, Abbas Amirichimeh (klg) (Entered: 12/12/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
6

PROOF OF SERVICE Executed by Plaintiffs. The Summons and Complaint were served by personal service. Service accepted by Dennis Deleon on behalf of Robert S. Mueller. Original Summons not attached. (smi) (Entered: 12/27/2007)

Dec. 18, 2007

Dec. 18, 2007

PACER
7

PROOF OF SERVICE Executed by Plaintiffs. The Summons and Complaint were served by personal service. Service accepted by Jonathan Katz on behalf of Jane Arellano. Original Summons not attached. (smi) (Entered: 12/27/2007)

Dec. 18, 2007

Dec. 18, 2007

PACER
8

PROOF OF SERVICE Executed by Plaintiffs. The Summons and Complaint were served by personal service. Service accepted by Jonathan Katz on behalf of Emilio T. Gonzalez. Original Summons not attached. (smi) (Entered: 12/27/2007)

Dec. 18, 2007

Dec. 18, 2007

PACER
9

PROOF OF SERVICE Executed by Plaintiffs. The Summons and Complaint were served by personal service. Service accepted by Kevin Riley on behalf of Michael Chertoff. Original Summons not attached. (smi) (Entered: 12/27/2007)

Dec. 18, 2007

Dec. 18, 2007

PACER
10

PROOF OF SERVICE Executed by Plaintiffs. The Summons and Complaint were served by personal service. Service accepted by Genoveva Ortega on behalf of Michael B. Mukasey. Original Summons not attached. (smi) (Entered: 12/27/2007)

Dec. 18, 2007

Dec. 18, 2007

PACER
5

NOTICE OF DISMISSAL filed by plaintiffs Kwang Ho Lee, James Moorhead, Mansour Bavi, Abbas Amirichimeh pursuant to FRCP 41a(1) as to Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. (rla) (Entered: 12/26/2007)

Dec. 19, 2007

Dec. 19, 2007

RECAP
11

STIPULATION for Hearing re motion to dismiss; motion for class certification filed by plaintiffs James Moorhead. (Attachments: # 1 Proposed Order re briefing schedule)(Helm, Mark) (Entered: 02/01/2008)

2 Proposed Order re briefing schedule

View on PACER

Feb. 1, 2008

Feb. 1, 2008

PACER
12

STIPULATION to Dismiss plaintiffs Kwang Ho Lee, Mansour Bavi filed by plaintiffs Kwang Ho Lee, Mansour Bavi. (Attachments: # 1 Proposed Order re dismissal of plaintiffs Mansour Bavi and Kwang Ho Lee)(Helm, Mark) (Entered: 02/01/2008)

2 Proposed Order re dismissal of plaintiffs Mansour Bavi and Kwang Ho Lee

View on PACER

Feb. 1, 2008

Feb. 1, 2008

PACER
13

NOTICE of Manual Filing of First Amended Complaint for Declaratory Relief-Class Action; Petitions for Naturalization. (ade) (Entered: 02/05/2008)

Feb. 1, 2008

Feb. 1, 2008

PACER
14

First AMENDED COMPLAINT; Party Mansour Bavi and Kwang Ho Lee terminated amending Complaint - (Discovery) 1 . Filed by Plaintiffs James Moorhead, Carlos Guillermo Flores. (ade) Additional attachment(s) added on 2/8/2008 (ade, ). (Entered: 02/05/2008)

1

View on PACER

Feb. 1, 2008

Feb. 1, 2008

RECAP

10 DAY Summons Issued re Amended Complaint 14 as to defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. (ade)

Feb. 1, 2008

Feb. 1, 2008

PACER
15

(Kreilkamp, Jacob) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
16

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: No text entered; Docket entry is blank: RE Notice of Change of Attorney Information (G-06) 15 (cbr) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
17

NOTICE of Appearance filed by attorney Elizabeth J Stevens on behalf of Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III (Stevens, Elizabeth) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
18

NOTICE OF MOTION AND MOTION to Certify Class filed by plaintiffs James Moorhead, Carlos Guillermo Flores.Motion set for hearing on 4/7/2008 at 08:30 AM before Judge David O. Carter. (Kreilkamp, Jacob) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
19

DECLARATION of Nora A. Preciado in support of MOTION to Certify Class 18 and Exhibits A-G filed by Plaintiffs James Moorhead, Carlos Guillermo Flores. (Attachments: # 1 Exhibit Exhibits H-M to Declaration of Nora A. Preciado)(Kreilkamp, Jacob) (Entered: 02/15/2008)

2 Exhibit Exhibits H-M to Declaration of Nora A. Preciado

View on PACER

Feb. 15, 2008

Feb. 15, 2008

PACER
20

NOTICE OF MOTION AND MOTION to Dismiss Case In Part And Remand In Part filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III.Motion set for hearing on 4/7/2008 at 10:00 AM before Judge David O. Carter. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order)(Stevens, Elizabeth) (Entered: 02/15/2008)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Proposed Order

View on PACER

Feb. 15, 2008

Feb. 15, 2008

PACER
21

NOTICE of Change of Attorney Information for attorney Jacob S Kreilkamp counsel for Plaintiffs James Moorhead, Carlos Guillermo Flores. Adding Jacob S. Kreilkamp as attorney as counsel of record for Carlos Guillermo Flores and James Moorhead for the reason indicated in the G-06 Notice. Filed by plaintiffs Carlos Guillermo Flores and James Moorhead (Kreilkamp, Jacob) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

PACER
22

NOTICE of Appearance filed by attorney Ali Manuchehry on behalf of Plaintiffs James Moorhead, Carlos Guillermo Flores, Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III (Manuchehry, Ali) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

PACER
23

ORDER RE BRIEFING SCHEDULE FOR PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND DEFENDANTS MOTION TO DISMISS by Judge David O. Carter re Stipulation for Hearing 11 . Moving papers due: February 15, 2008; Opposition papers due: March 14, 2008; Reply papers due: March 28, 2008; Hearing: April 7, 2008 at 8:30 a.m. (kh) (Entered: 02/22/2008)

Feb. 21, 2008

Feb. 21, 2008

PACER

DELETION for the following reason: Attorney Ali Manuchehry erroneously added as counsel of record for Plaintiff.(sm)

Feb. 26, 2008

Feb. 26, 2008

PACER
24

NOTICE Change of Attorney Information for attorney Yungsuhn Park counsel for Plaintiffs James Moorhead, Carlos Guillermo Flores. Adding Yungsuhn Park as attorney as counsel of record for Carlos Guillermo Flores and James Moorhead for the reason indicated in the G-06 Notice. filed by plaintiffs James Moorhead, Carlos Guillermo Flores. (Park, Yungsuhn) (Entered: 03/05/2008)

March 5, 2008

March 5, 2008

PACER
25

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Incorrect event selected, correct event is Change of Attorney Information (G-06). (rrp) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
26

MEMORANDUM in Opposition to MOTION to Dismiss Case In Part And Remand In Part 20 filed by Plaintiffs James Moorhead, Carlos Guillermo Flores. (Kreilkamp, Jacob) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

PACER
27

MEMORANDUM in Opposition to MOTION to Certify Class 18 filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. (Attachments: # 1 Appendix A# 2 Appendix B)(Stevens, Elizabeth) (Entered: 03/14/2008)

2 Appendix A

View on PACER

3 Appendix B

View on PACER

March 14, 2008

March 14, 2008

PACER
28

OPPOSITION to MOTION to Dismiss Case In Part And Remand In Part 20 Appendix of Unpublished Authority filed by Plaintiffs James Moorhead, Carlos Guillermo Flores. (Attachments: # 1 Exhibit Exhibit A to Appendix of Unpublished Authority# 2 Exhibit Exhibit B to Appendix of Unpublished Authority# 3 Exhibit Exhibit C to Appendix of Unpublished Authority# 4 Exhibit Exhibit D to Appendix of Unpublished Authority)(Kreilkamp, Jacob) (Entered: 03/14/2008)

2 Exhibit Exhibit A to Appendix of Unpublished Authority

View on PACER

3 Exhibit Exhibit B to Appendix of Unpublished Authority

View on PACER

4 Exhibit Exhibit C to Appendix of Unpublished Authority

View on PACER

5 Exhibit Exhibit D to Appendix of Unpublished Authority

View on PACER

March 14, 2008

March 14, 2008

PACER
29

STIPULATION to Clarify Prior stipulation to dismiss plaintiffs Bavi and Lee is Moot, Re: Stipulation to Dismiss Party 12, filed by plaintiff Carlos Guillermo Flores. (Attachments: # 1 Proposed Order)(Tumlin, Karen) (Entered: 03/21/2008)

2 Proposed Order

View on PACER

March 21, 2008

March 21, 2008

PACER
30

NOTICE of Appearance filed by attorney Nora Adriana Preciado on behalf of Plaintiff Carlos Guillermo Flores (Preciado, Nora) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

PACER
31

NOTICE of Appearance filed by attorney Nora Adriana Preciado on behalf of Plaintiff James Moorhead (Preciado, Nora) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

PACER
32

NOTICE of Change of Attorney Information for attorney Yungsuhn Park counsel for Plaintiffs James Moorhead, Carlos Guillermo Flores. Adding Yungsuhn Park as attorney as counsel of record for Carlos Guillermo Flores; James Moorhead for the reason indicated in the G-06 Notice. Filed by plaintiffs Carlos Guillermo Flores and James Moorhead (Park, Yungsuhn) (Entered: 03/24/2008)

March 24, 2008

March 24, 2008

PACER
33

NOTICE of Change of Attorney Information for attorney Mark Koji Yoshida counsel for Plaintiffs James Moorhead, Carlos Guillermo Flores. Adding Mark Yoshida as attorney as counsel of record for Carlos Guillermo Flores, James Moorhead for the reason indicated in the G-06 Notice. Filed by Plaintiffs Carlos Guillermo Flores, James Moorhead (Yoshida, Mark) (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

PACER
34

REPLY In support MOTION to Dismiss Case In Part And Remand In Part 20 filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. (Attachments: # 1 Appendix A# 2 Appendix B)(Stevens, Elizabeth) (Entered: 03/28/2008)

2 Appendix A

View on PACER

3 Appendix B

View on PACER

March 28, 2008

March 28, 2008

PACER
35

NOTICE of Appearance filed by attorney Samuel P Go on behalf of Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III (Go, Samuel) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER
36

REPLY in support of MOTION to Certify Class 18 filed by Plaintiffs James Moorhead, Carlos Guillermo Flores. (Kreilkamp, Jacob) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER
37

MINUTES OF IN CHAMBERS ORDER CONTINUING HEARING ON MOTIONS held before Judge David O. Carter re: MOTION to Certify Class 18 ; MOTION to Dismiss Case and In Part And Remand In Part 20 . Motions CONTINUED to 5/5/2008 at 08:30 AM before Judge David O. Carter. (kh) Modified on 3/31/2008 (kh, ). Additional attachment(s) added on 3/31/2008 (kh, ). (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

PACER
38

NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by plaintiff Carlos Guillermo Flores.Motion set for hearing on 5/5/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Declaration In support of motion for leave to file second amended complaint# 2 Proposed Order Granting plaintiffs motion for leave to file second amended complaint# 3 Appendix Proposed Second Amended Complaint)(Tumlin, Karen) (Entered: 04/14/2008)

2 Declaration In support of motion for leave to file second amended complaint

View on PACER

3 Proposed Order Granting plaintiffs motion for leave to file second amended compl

View on PACER

4 Appendix Proposed Second Amended Complaint

View on PACER

April 14, 2008

April 14, 2008

PACER
39

MINUTES OF IN CHAMBERS ORDER TAKING MOTIONS TO DISMISS AND AMEND UNDER SUBMISSION; CONTINUING MOTION FOR CLASS CERTIFICATION held before Judge David O. Carter. MOTION to Dismiss Case In Part and Remand In Part 20, MOTION for Leave to file Second Amended Complaint 38 are taken under submission. MOTION to Certify Class 18 is CONTINUED to 5/12/2008 at 08:30 AM before Judge David O. Carter. (kh) (Entered: 04/29/2008)

April 29, 2008

April 29, 2008

PACER
40

NOTICE of Decision: Supp Authority Relevant to Plaintiffs' Motion for Class Certification filed by plaintiff Carlos Guillermo Flores. (Attachments: # 1 Exhibit Exhibits to Notice of Supplemental Authority)(Tumlin, Karen) (Entered: 04/29/2008)

2 Exhibit Exhibits to Notice of Supplemental Authority

View on PACER

April 29, 2008

April 29, 2008

PACER
41

NOTICE of Decision: notice of decision relevant to Pls.' Opp. filed by plaintiff Carlos Guillermo Flores. (Attachments: # 1 Exhibit Exhibit to Notice of Suppl. Authority)(Tumlin, Karen) (Entered: 05/05/2008)

2 Exhibit Exhibit to Notice of Suppl. Authority

View on PACER

May 5, 2008

May 5, 2008

PACER
42

NOTICE of Change of Attorney Information for attorney Elizabeth J Stevens counsel for Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. Changing Address to P.O. Box 868, Ben Franklin Station, Washington, DC 20044. Changing fax number to 202-305-7000. Filed by defendants Michael B. Mukasey, et al. (Stevens, Elizabeth) (Entered: 05/10/2008)

May 10, 2008

May 10, 2008

PACER
43

NOTICE Notice of Supplemental Authority in Further Support of Defendants' Motion To Dismiss filed by defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. (Attachments: # 1 Exhibit A)(Stevens, Elizabeth) (Entered: 05/10/2008)

2 Exhibit A

View on PACER

May 10, 2008

May 10, 2008

PACER
44

MINUTES OF Motion Hearing held before Judge David O. Carter RE: MOTION to Certify Class 18 and MOTION to Dismiss Case In Part And Remand In Part 20 . Tentative ruling issued to counsel, a copy of which is attached hereto.Argument by counsel. Motions held in abeyance and continued to May 19, 2008 at 8:30 a.m. Court Reporter: Debbie Gale. (Attachments: # 1) (kh) (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

PACER
45

SUPPLEMENT to MOTION to Certify Class 18 Plaintiffs' Submission Regarding Information to be Provided by Defendants to the Court filed by Plaintiffs James Moorhead, Carlos Guillermo Flores. (Attachments: # 1 Declaration of Karen Tumlin# 2 Exhibit A to Declaration of Karen Tumlin)(Kreilkamp, Jacob) (Entered: 05/16/2008)

2 Declaration of Karen Tumlin

View on PACER

3 Exhibit A to Declaration of Karen Tumlin

View on PACER

May 16, 2008

May 16, 2008

PACER
46

Defendants' Submission Regarding Information To Be Provided To The Court In Support Of Defendants' Motion To Hold The Case In Abeyance filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III re: Motion Hearing,, Link Motions to Minutes,, Set Motion and R&R Deadlines, 44 (Attachments: # 1 Exhibit A)(Stevens, Elizabeth) (Entered: 05/16/2008)

2 Exhibit A

View on PACER

May 16, 2008

May 16, 2008

PACER
47

MINUTES OF Motion Hearing held before Judge David O. Carter: 1) Motion by Plaintiff for Class Certification; 2) Motion by Defendants to Dismiss in Part and Remand in Part. Defendants will supply the court and plaintiffs with snapshots of cases pending completion of FBI name check. The parties will conduct a Rule 30(b)(6) deposition of Michael Cannon in Courtroom 9C of Santa Ana Courthouse on 9/3/08 at 8:00 a.m. A hearing is set for the pending motions for 10/6/08 at 8:30 a.m. The motion for class certification and motion to dismiss will be held in abeyance until 10/6/08 hearing. Court Reporter: Pamela Cotten. (ade) (Entered: 05/28/2008)

May 19, 2008

May 19, 2008

PACER
48

NOTICE of Change of Attorney Information for attorney Nora Adriana Preciado counsel for Plaintiffs James Moorhead, Carlos Guillermo Flores.Nora A. Preciado is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Counsel of Record Nora A. Preciado (Preciado, Nora) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
49

Defendants' Submission Pursuant To The Court's Order Of May 19, 2008 filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III re: Motion Hearing,, 47 (Attachments: # 1 Exhibit A)(Stevens, Elizabeth) (Entered: 06/16/2008)

2 Exhibit A

View on PACER

June 16, 2008

June 16, 2008

PACER
50

NOTICE re Status of Motions Held in Abeyance filed by plaintiff Carlos Guillermo Flores. (Tumlin, Karen) (Entered: 07/03/2008)

July 3, 2008

July 3, 2008

PACER
51

Defendants' Second Submission Pursuant To The Court's Order of May 19, 2008 filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III and Certificate of Service re: Motion Hearing,, 47 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stevens, Elizabeth) (Entered: 07/11/2008)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

July 11, 2008

July 11, 2008

PACER
52

MINUTES OF IN CHAMBERS ORDER Clarifying Case Status held before Judge David O. Carter. Before the Court is Plaintiffs' Notice Re: Status of Motions Held in Abeyance 50 . The Court hereby holds the pending Motion for Leave to File Second Amended Complaint in abeyance. The Court will address all pending motions subsequent to the receipt of the final report from Defendants. (See minute order for further details) (db) (Entered: 07/16/2008)

July 14, 2008

July 14, 2008

PACER
53

TRANSCRIPT for proceedings held on 5/19/2008 8:30 am. Court Reporter/Electronic Court Recorder: Pamela Cotten, CSR, RDR, phone number 714)323-6850. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/21/2008. Redacted Transcript Deadline set for 8/31/2008. Release of Transcript Restriction set for 10/29/2008. (Cotton, Pamela) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
54

NOTICE OF FILING TRANSCRIPT filed for proceedings held on 5/19/08 8:30AM. (ml) (Entered: 08/04/2008)

Aug. 4, 2008

Aug. 4, 2008

PACER
55

STATEMENT Regarding Deposition of Michael Cannon filed by Plaintiff Carlos Guillermo Flores (Kreilkamp, Jacob) (Entered: 08/08/2008)

Aug. 8, 2008

Aug. 8, 2008

PACER
56

Joint Stipulation Regarding Defendants' Motion to Quash Plaintiffs' Proposed Topics For The Rule 30(b)(6) Deposition of Michael Cannon As The Representative of the FBI filed by Plaintiffs Kwang Ho Lee, James Moorhead, Mansour Bavi, Carlos Guillermo Flores, Abbas Amirichimeh, Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III re: Motion Hearing,, 47, Statement 55 (Attachments: # 1 Proposed Order Defendants, # 2 Proposed Order plaintiffs)(Stevens, Elizabeth) (Entered: 08/26/2008)

2 Proposed Order Defendants

View on PACER

3 Proposed Order plaintiffs

View on PACER

Aug. 26, 2008

Aug. 26, 2008

PACER
57

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected, correct event is Quash RE: Miscellaneous Document,, 56 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
58

MINUTES OF IN CHAMBERS ORDER DENYING DEFENDANTS REQUEST TO QUASH PLAINTIFFS held before Judge David O. Carter re: Joint Stipulation/Motion 56 . Court will closely monitor the deposition to ensure that Mr. Cannon is not asked questions that extend beyond the scope of the Courts limitations on the deposition. United States Citizenship and Immigration Services process and methodology will not be disclosed. All parties are ordered to appear for the September 3, 2008 deposition at 8:00 a.m. (kh) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
59

AMENDED DOCUMENT filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. Amendment to Miscellaneous Document, 51 (Attachments: # 1 Exhibit A)(Stevens, Elizabeth) (Entered: 08/29/2008)

2 Exhibit A

View on PACER

Aug. 29, 2008

Aug. 29, 2008

PACER
60

Defendants' Third Submission of Data Pursuant to the Court's Order of May 19, 2008 filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III re: Motion Hearing,, 47 (Attachments: # 1 Exhibit A)(Stevens, Elizabeth) (Entered: 09/08/2008)

2 Exhibit A

View on PACER

Sept. 8, 2008

Sept. 8, 2008

PACER
61

MINUTES OF IN CHAMBERS ORDER held before Judge David O. Carter Ordering Counsel to Appear for Deposition. Defendants are ORDERED to produce their next required submission by 10/15/08. Additionally, both parties are ORDERED to attend the deposition of a knowledgeable USCIS representative, before this Court, on 10/27/08. Plaintiffs are ORDERED to submit their deposition questions by 10/15/08 with Defendants' response to be on or before 10/22/08. (db) (Entered: 09/10/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
62

MINUTES OF IN CHAMBERS ORDER held before Judge David O. Carter: Court Orders Status Conference/Motions Hearing, presently set October 6, 2008, CONTINUED to October 9, 2008 at 8:30 a.m. (kh) (Entered: 09/25/2008)

Sept. 25, 2008

Sept. 25, 2008

PACER
63

MINUTES OF IN CHAMBERS ORDER VACATING HEARING held before Judge David O. Carter: Court Orders Stats Conference/Motions Hearing, in the above-entitled action, presently set October 9, 2008 VACATED. (kh) (Entered: 10/02/2008)

Oct. 2, 2008

Oct. 2, 2008

PACER
64

STATEMENT Regarding Deposition of USCIS Official filed by Plaintiff Carlos Guillermo Flores (Kreilkamp, Jacob) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

PACER
65

NOTICE OF MOTION AND MOTION for Extension of Time to File Defendants' Submission Pursuant to the Court's Order of Sept. 3, 2008 filed by Defendants' Unopposed Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. Motion set for hearing on 10/27/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Exhibit A, # 2 Defendants' Submission Pursuant to the Court's Order of Sept. 3, 2008)(Stevens, Elizabeth) (Entered: 10/16/2008)

2 Exhibit A

View on PACER

3 Defendants' Submission Pursuant to the Court's Order of Sept. 3, 2008

View on PACER

Oct. 16, 2008

Oct. 16, 2008

PACER
66

MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter GRANTING MOTION for Extension of Time to File Defendants' Submission Pursuant to the Court's Order of Sept. 3, 2008 65 . The Motion to Extend Time to File Defendants' Submission is hereby GRANTED AS UNOPPOSED. (nbo) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER
67

Submission Pursuant to the Court's Order of September 3, 2008 filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III re: Minutes of In Chambers Order/Directive - no proceeding held, 61, Minutes of In Chambers Order/Directive - no proceeding held, 66 (Stevens, Elizabeth) (Entered: 10/21/2008)

Oct. 21, 2008

Oct. 21, 2008

PACER
68

Joint STIPULATION to Continue Rule 30(b)(6) Deposition of USCIS Representatives from October 27, 2008 to October 28, 2008 Re: Minutes of In Chambers Order/Directive - no proceeding held, 61 filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. (Attachments: # 1 Proposed Order)(Stevens, Elizabeth) (Entered: 10/21/2008)

2 Proposed Order

View on PACER

Oct. 21, 2008

Oct. 21, 2008

PACER
69

ORDER by Judge David O. Carter, on Stipulation to Continue Rule 30(b)(6) Deposition of USCIS Represetative 68 : The Deposition of USCIS Representatives Pursuant to Federal Rule of Civil Procedure 30(b)(6) is hereby continued from Monday, October 27, 2008, to Tuesday, October 28, 2008, at 8:00 A.M. IT IS SO ORDERED. (rla) (Entered: 10/24/2008)

Oct. 22, 2008

Oct. 22, 2008

PACER
70

NOTICE OF MOTION AND MOTION to Amend Amended Complaint 14 filed by Plaintiff Carlos Guillermo Flores. Motion set for hearing on 11/17/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Declaration Declaration of Karen C Tumlin, # 2 Exhibit, # 3 Proposed Order Granting Plaintiffs Motion For Leave To File Second Amended Complaint)(Kreilkamp, Jacob) (Entered: 10/24/2008)

2 Declaration Declaration of Karen C Tumlin

View on PACER

3 Exhibit

View on PACER

4 Proposed Order Granting Plaintiffs Motion For Leave To File Second Amended Compl

View on PACER

Oct. 24, 2008

Oct. 24, 2008

PACER
71

MINUTES OF IN CHAMBERS ORDER held before Judge David O. Carter: Order Setting Scheduling Conference and Hearing Date for Plaintiff's Motion to Amend Amended Complaint. ( Scheduling Conference set for 12/1/2008 11:30 AM before Judge David O. Carter.) ( Responses due by 11/10/2008, Replies due by 11/17/2008. Motion set for hearing on 12/1/2008 at 11:30 AM before Judge David O. Carter.) (ade) (Entered: 11/03/2008)

Oct. 29, 2008

Oct. 29, 2008

PACER
72

OPPOSITION to MOTION to Amend Amended Complaint 14 MOTION to Amend Amended Complaint 14 70 filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. (Attachments: # 1 Proposed Order)(Stevens, Elizabeth) (Entered: 11/10/2008)

2 Proposed Order

View on PACER

Nov. 10, 2008

Nov. 10, 2008

PACER
73

NOTICE of Change of Attorney Information for attorney Mark D Rosenbaum counsel for Plaintiffs James Moorhead, Carlos Guillermo Flores. Filed by plaintiff Flores (Rosenbaum, Mark) (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

PACER
74

REPLY In support MOTION to Amend Amended Complaint 14 MOTION to Amend Amended Complaint 14 70 filed by Plaintiff Carlos Guillermo Flores. (Tumlin, Karen) (Entered: 11/17/2008)

Nov. 17, 2008

Nov. 17, 2008

PACER
75

MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter: re: MOTION To Leave To File Second Amended Complaint 70 : After considering the moving, opposing, and replying papers, the Court hereby GRANTS in part and DENIES in part the Motion. (See document for details.) The Clerk shall serve this minute order on all parties to the action.(rla) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

RECAP
76

STATUS REPORT filed by Plaintiff Carlos Guillermo Flores. (Kreilkamp, Jacob) (Entered: 11/25/2008)

Nov. 25, 2008

Nov. 25, 2008

PACER
77

MINUTES OF Scheduling Conference held before Judge David O. Carter, Court and parties confer off the record and decide upon the following deadlines: Government to provide a report to plaintiffs' counsel, in same format provided previously to Court, no later than December 15, 2008. Plaintiff to submit a request for additional CIS reports on or before January 5, 2009. Government response to be filed no later than January 21, 2009. Plaintiff to file under seal information re putative class members no later than January 21, 2009. Court sets a class certification hearing to be held on May 11, 2009 at 1:30 p.m. Plaintiffs' motion for class certification to be filed no later than April 20, 2009. Goverment's opposition is due no later than May 4, 2009. Parties are to appear before Magistrate Judge Robert N. Block on April 1, 2009 at 9:00 a.m. for a mediation hearing. eporter: Not Reported. (rla) (Entered: 12/02/2008)

Dec. 1, 2008

Dec. 1, 2008

PACER
78

ORDER RE SETTLEMENT CONFERNCE by Magistrate Judge Robert N. Block: This case has been referred to Magistrate Judge Robert N. Block for settlement proceedings. The Settlement Conference is placed on calendar for 4/1/09 at 9:00 a.m. in Courtroom 6D of the Ronald Reagan Federal Building and U.S. Courthouse, in Santa Ana, California. (see document for further details) (klg) Modified on 12/5/2008 (klg). (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

PACER
79

NOTICE OF MOTION AND MOTION for Extension of Time to File Defendants' Submission Pursuant To The Court's Order of December 1, 2008 filed by Defendants' Unopposed Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. (Attachments: # 1 Proposed Order)(Stevens, Elizabeth) (Entered: 12/15/2008)

2 Proposed Order

View on PACER

Dec. 15, 2008

Dec. 15, 2008

PACER
80

Defendants' Submission Pursuant To The Court's Order of December 1, 2008 filed by Defendants Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III re: Scheduling Conference,,,, Set Deadlines/Hearings,,,, Set Motion and R&R Deadlines,,, 77, MOTION for Extension of Time to File Defendants' Submission Pursuant To The Court's Order of December 1, 2008 79 (Attachments: # 1 Exhibit)(Stevens, Elizabeth) (Entered: 12/16/2008)

2 Exhibit

View on PACER

Dec. 16, 2008

Dec. 16, 2008

PACER
81

ORDER RE: UNOPPOSED MOTION TO EXTEND TIME TO FILE DEFENDANTS' SUBMISSION PURSUANT TO THE COURT'S ORDER OF 12/01/08 by Judge David O. Carter 79 . The filing date of the 12/15/08 report from USCIS is extended from 12/15/08 to 12/16. (db) (Entered: 12/17/2008)

Dec. 17, 2008

Dec. 17, 2008

PACER
82

Plaintiffs' submission pursuant to the Court's order of December 1, 2008 filed by Plaintiff Carlos Guillermo Flores re: Scheduling Conference,,,, Set Deadlines/Hearings,,,, Set Motion and R&R Deadlines,,, 77 (Tumlin, Karen) (Entered: 01/05/2009)

Jan. 5, 2009

Jan. 5, 2009

PACER
83

NOTICE of Corrected Filing filed by plaintiff Carlos Guillermo Flores. (Attachments: # 1 Exhibit)(Tumlin, Karen) (Entered: 01/06/2009)

2 Exhibit

View on PACER

Jan. 6, 2009

Jan. 6, 2009

PACER
84

NOTICE OF MOTION AND MOTION for Extension of Time to File Plaintiffs' Submission re Putative Class Members filed by plaintiff Carlos Guillermo Flores. (Attachments: # 1 Proposed Order Re Unopposed Motion to Extend Time)(Joaquin, Linton) (Entered: 01/21/2009)

2 Proposed Order Re Unopposed Motion to Extend Time

View on PACER

Jan. 21, 2009

Jan. 21, 2009

PACER
85

MEMORANDUM of Points and Authorities in Opposition filed by Defendants' Michael B Mukasey, Michael Chertoff, Emilio T. Gonzalez, Jane Arellano, Robert S Mueller, III. to Plainitffs' Submission Pursuant to the Court's Order of December 1, 2008 Re: Miscellaneous Document 82, Scheduling Conference, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,, 77, Notice (Other) 83 (Stevens, Elizabeth) (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

PACER
86

STIPULATION File Names of Putative Class Members Under Seal filed by plaintiff Carlos Guillermo Flores. (Attachments: # 1 Proposed Order Stipulated Protective Order)(Joaquin, Linton) (Entered: 01/28/2009)

2 Proposed Order Stipulated Protective Order

View on PACER

Jan. 28, 2009

Jan. 28, 2009

PACER
87

NOTICE of Manual Filing filed by Plaintiff Carlos Guillermo Flores of Submission re Putative Class Members. (Joaquin, Linton) (Entered: 01/28/2009)

Jan. 28, 2009

Jan. 28, 2009

PACER
88

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Applications and Orders to Seal, along with the document(s) to be placed under seal, shall NOT be electronically filed but shall be filed traditionally in the manner prescribed by Local Rule 79-5 pursuant to General Order 08-02 RE: Stipulation to Seal 86 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) (Entered: 01/30/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
89

NOTICE of filing of Third Amended Complaint filed by plaintiff Carlos Guillermo Flores. (Tumlin, Karen) (Entered: 01/30/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
91

THIRD AMENDED COMPLAINT against defendants Michael B Filip, Janet Napolitano, Michael Aytes, Jane Arellano, Robert S Mueller, III; Party Emilio T. Gonzalez; James Moorhead; Michael B Mukasey; Michael Chertoff and Carlos Guillermo Flores terminated amending Complaint - (Discovery) 1 . Filed by plaintiffs Sonali Kolhatkar, Mourad Jellabi, Maria Stanwick. (rla) (Entered: 02/04/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
92

STIPULATED PROTECTIVE ORDER by Judge David O. Carter. (See Order for details) (db) (Entered: 02/04/2009)

Jan. 30, 2009

Jan. 30, 2009

RECAP
93

ORDER re: Unopposed Motion to Extend Time to File Plaintiffs' Submission re: Putative Class Members by Judge David O. Carter 84 . The filing date of plaintiffs' submission regarding putative class members is extended from 01/21/09 to 01/28/09. (db) (Entered: 02/04/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
94

SEALED DOCUMENT - APPLICATION TO FILE DOCUMENT UNDER SEAL (smi) (Entered: 02/05/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
95

SEALED DOCUMENT - ORDER RE APPLICATION TO FILE DOCUMENT UNDER SEAL **DOCUMENT SEALED** (smi) (Entered: 02/05/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
96

SEALED DOCUMENT - PLAINTIFFS' SUBMISSION RE PUTATIVE CLASS MEMBERS UNDER SEAL (smi) (Entered: 02/05/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
90

STIPULATION for Order to Remand Sonali Kolhatkar's Application to USCIS filed by plaintiff Carlos Guillermo Flores. (Attachments: # 1 Proposed Order Re: Remand Sonali Kolhatkar's Application to USCIS)(Tumlin, Karen) (Entered: 02/03/2009)

2 Proposed Order Re: Remand Sonali Kolhatkar's Application to USCIS

View on PACER

Feb. 3, 2009

Feb. 3, 2009

PACER
97

NOTICE of Manual Filing filed by Defendants Jane Arellano, Robert S Mueller, III, Michael B Filip, Janet Napolitano, Michael Aytes of Application to file document under seal, proposed order, and Defendants' Response to Plaintiffs' Motions for Orders to Show Cause and Exhibit. (Stevens, Elizabeth) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 4, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lawful permanent residents whose naturalization applications were not timely processed

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

ACLU Affiliates (any)

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Department of Justice, Federal

U.S. Citizenship and Immigration Services, Federal

Federal Bureau of Investigations, Federal

Department of Homeland Security, Federal

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 9197.56

Content of Injunction:

Reporting

Issues

Immigration/Border:

U.S. citizenship - acquiring