Case: Tartakovsky v. Pierre

3:07-cv-01667 | U.S. District Court for the Southern District of California

Filed Date: Aug. 22, 2007

Clearinghouse coding complete

Case Summary

On August 22, 2007, lawful permanent residents whose naturalization adjudications had been delayed more than 120 days filed a lawsuit in the Southern District of California against the DHS, FBI, DOJ, and USCIS. Plaintiffs alleged that the delay in adjudicating their naturalization applications violated the Immigration and Nationality Act (8 USC 1447(b)), which requires applications to be adjudicated within 120 days. Plaintiffs also claimed that defendants had violated the Administrative Procedu…

On August 22, 2007, lawful permanent residents whose naturalization adjudications had been delayed more than 120 days filed a lawsuit in the Southern District of California against the DHS, FBI, DOJ, and USCIS. Plaintiffs alleged that the delay in adjudicating their naturalization applications violated the Immigration and Nationality Act (8 USC 1447(b)), which requires applications to be adjudicated within 120 days. Plaintiffs also claimed that defendants had violated the Administrative Procedures Act for unreasonable and extraordinary delay in adjudication and for failure to follow notice-and-comment requirements. Finally, they brought a claim for violation of due process.

The plaintiffs sought class certification on behalf of "[a]ll persons residing within the Southern District of California who have submitted or will submit applications for naturalization to CIS, and who have met all statutory requirements for naturalization, and whose applications for naturalization are not adjudicated within 120 days of the date of their naturalization examinations." They sought declaratory and injunctive relief. They also asked to be naturalized by the district court.

The ACLU brought the lawsuit as part of a nationwide effort to challenge systemic delays in naturalization caused by the USCIS decision to expand dramatically the databases used for the FBI name check. Using this over-inclusive database caused prolonged delays for lawful permanent residents who applied for citizenship.

On March 11, 2008, the District Court (Judge Roger T. Benitez) dismissed plaintiffs' claims with respect to the unreasonable delays, the notice-and-comment procedures, and due process. The court remanded the named plaintiffs' naturalization applications to the agency "with instructions that USCIS adjudicate plaintiffs' naturalization without unreasonable delay." On August 22, 2008, plaintiffs filed notice to appeal the district court's order to remand.

In April 2009, USCIS and the FBI undertook a "Joint Business Plan" that committed new resources to eliminating the backlog of delayed FBI name checks for naturalization applicants. That month, the appeal was voluntarily dismissed.

In August 2009, the district court denied plaintiffs' motion for attorneys' fees, finding that plaintiffs were not the prevailing parties.

Summary Authors

Jennifer Bronson (11/10/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/42149424/parties/tartakovsky-v-pierre/


Judge(s)

Benitez, Roger T. (California)

Major, Barbara L. (California)

Attorneys(s) for Plaintiff

Chen, Karen S (California)

Dix, Nancy O (California)

Hartman, M Ray (California)

Loy, John David (California)

Riordan, Sean (California)

Tracy, Michael (California)

Wang, Cecillia D (California)

Attorneys(s) for Defendant

Bunker, John R (District of Columbia)

Judge(s)

Benitez, Roger T. (California)

Major, Barbara L. (California)

Attorneys(s) for Plaintiff

Chen, Karen S (California)

Dix, Nancy O (California)

Hartman, M Ray (California)

Loy, John David (California)

Riordan, Sean (California)

Tracy, Michael (California)

Wang, Cecillia D (California)

Attorneys(s) for Defendant

Bunker, John R (District of Columbia)

Moore, Kathryn L. (District of Columbia)

Norris, Raven M (California)

Stahl, Thomas C. (California)

Wilkins, C Barrington (District of Columbia)

Documents in the Clearinghouse

Document

3:07-cv-01667

Docket [PACER]

Aug. 10, 2009

Aug. 10, 2009

Docket
1

3:07-cv-01667

Complaint for Declaratory and Injunctive Relief and Petition for Naturalization Pursuant to 8 U.S.C. Section 1447(B)

2007 WL 2959410

Aug. 22, 2007

Aug. 22, 2007

Complaint
26

3:07-cv-01667

Order Remanding Adjunction of Naturalization Application

Tartakovsky v. Pierre

March 11, 2008

March 11, 2008

Order/Opinion
19

3:07-cv-01667

Notice of Motion and Motion for Class Certification

April 7, 2008

April 7, 2008

Pleading / Motion / Brief
64

3:07-cv-01667

Order Denying Motion for Attorney's Fees and Costs

Aug. 10, 2009

Aug. 10, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/42149424/tartakovsky-v-pierre/

Last updated July 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales ( Filing fee $ 350 receipt number 141795.), filed by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan.(ldp)(bar ). (Entered: 08/23/2007)

Aug. 22, 2007

Aug. 22, 2007

Clearinghouse
2

Summons Issued as to Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales. (ldp) (Entered: 08/23/2007)

Aug. 22, 2007

Aug. 22, 2007

PACER
3

CERTIFICATE OF SERVICE by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan re 1 Complaint, Certificate of Service Regarding the United States of America (Dix, Nancy) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

PACER
4

CERTIFICATE OF SERVICE by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan re 1 Complaint, Certificate of Service Regarding Michael Chertoff, Secretary of Homeland Security (Dix, Nancy) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

PACER
5

CERTIFICATE OF SERVICE by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan re 1 Complaint, Certificate of Service Regarding Alberto Gonzales, Attorney General of the United States (Dix, Nancy) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

PACER
6

CERTIFICATE OF SERVICE by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan re 1 Complaint, Certificate of Service Regarding Emilio T. Gonzales, Director, U.S. Dept. of Homeland Security, Bureau of Citizenship and Immigration Services (Dix, Nancy) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

PACER
7

CERTIFICATE OF SERVICE by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan re 1 Complaint, Certificate of Service Regarding Robert S. Mueller, III, Director, Federal Bureau of Investigation (Dix, Nancy) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

PACER
8

CERTIFICATE OF SERVICE by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan re 1 Complaint, Proof of Service of Summons and Complaint on Defendant, Paul M. Pierre, District Director, U.S. Dept. of Homeland Security, Bureau of Citizenship & Immigration Services (Dix, Nancy) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

PACER
9

MOTION to Dismiss by Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales. (Attachments: # 1 Notice of Motion to Dismiss# 2 Memo of Points and Authorities # 3 Exhibit to Motion to Dismiss# 4 Proof of Service)(Stahl, Thomas) (joeh, ). (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

PACER
10

PRO HAC VICE APPOINTED: C. Barrington Wilkins appearing for Defendants Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales (mkz)(mam). (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

PACER
11

Minute Entry: Judge Cathy Ann Bencivengo hereby recuses herself and is no longer assigned to this case. Judge Barbara Lynn Major added. (vrp) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

PACER
12

MOTION for Leave to File Excess Pages Motion to Extend the Page Limit of Local Civil Rule 7.1(h) by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Proof of Service)(Chen, Karen) (vet, ). (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

PACER
13

RESPONSE in Opposition re 9 MOTION to Dismiss Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss filed by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Proof of Service)(Chen, Karen) Modified on 12/4/2007 (tkl, ). Efiled in error. Atty to re-efile 12/4/07. (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

PACER
14

MOTION for Leave to File Excess Pages Motion to Extend the Page Limit of Local Civil Rule 7.1(h) by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Proof of Service)(Dix, Nancy) (joeh, ). (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
15

RESPONSE in Opposition re 9 MOTION to Dismiss Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss filed by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Proof of Service)(Dix, Nancy) (joeh, ). (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
16

NOTICE of Appearance by M Ray Hartman, III on behalf of Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan (Hartman, M) (joeh, ). (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
17

ORDER granting 12 Motion for Leave to File Excess Pages; granting 14 Motion for Leave to File Excess Pages. Signed by Judge Roger T. Benitez on 12/07/07. (joeh)(mam). (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

PACER
18

MINUTE ORDER issued by the Honorable Roger T. Benitez submitting [9-1] Motion to Dismiss. Court to issue Order. Motion Hearing date of 12/17/2007 10:30AM is hereby vacated. (gxr) (Entered: 12/14/2007)

Dec. 14, 2007

Dec. 14, 2007

PACER
19

MOTION to Certify Class Notice of Motion and Motion for Class Certification by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Memo of Points and Authorities # 2 Exhibit A)(Hartman, M)(joeh, ). (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

Clearinghouse
20

CERTIFICATE OF SERVICE by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan re 19 MOTION to Certify Class Notice of Motion and Motion for Class Certification Proof of Service (Hartman, M) (joeh, ). (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

PACER
21

Ex Parte MOTION to Stay Ruling on Plaintiffs' Motion for Class Certification by Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales. (Wilkins, C.) (joeh, ). (Entered: 02/14/2008)

Feb. 14, 2008

Feb. 14, 2008

PACER
22

RESPONSE in Opposition re 21 Ex Parte MOTION to Stay Ruling on Plaintiffs' Motion for Class Certification Opposition to Defendants' Ex Parte Application Seeking a Stay on the Ruling of Plaintiffs' Motion for Class Certification filed by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Proof of Service)(Hartman, M) (joeh, ). (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

PACER
23

ORDER granting 21 Motion request for Defendant's opposition to Plaintiff's Motion for Class Certification be due 30 days after the Court's ruling on the Defendant's pending motion to dismiss or partial motion to dismiss. Dft's opposition ddl set for 30 calendar days after the Court's order on Defendants motion to dismiss is entered. Plaintiff's reply shall be due seven calendar days after the due date for Defendant's opposition. The hearing date for Plaintiffs Motion for Class Certification, currently set for April 7, 2008, is vacated. The motion for class certification shall be deemed taken under submission upon the receipt of the reply. Signed by Judge Roger T. Benitez on 02/20/08. (joeh) Modified text on 2/21/2008 (joeh, ). (av1, ). (Entered: 02/21/2008)

Feb. 20, 2008

Feb. 20, 2008

PACER
24

RESPONSE in Opposition re 9 MOTION to Dismiss Notice of Recent Authority filed by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Exhibit A# 2 Proof of Service)(Hartman, M) (joeh, ). (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

PACER
25

REPLY re 24 Response in Opposition to Motion To Dismiss Notice of Recent Authority filed by Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales. (Wilkins, C.) (joeh, ). (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

PACER
26

ORDER DISMISSING CASE, Determination of Plaintiffs application for naturalization is remanded to United States Citizenship and Immigration Services, with instructions that USCIS adjudicate plaintiffs naturalization without unreasonable delay. Plaintiffs claim of unreasonable delay in violation of the Administrative Procedures Act (APA) is dismissed without prejudice. Plaintiffs claim for violation of the notice and comment provisions of the APA is dismissed without prejudice. Plaintiffs claim for violation of due process is dismissed without prejudice. Signed by Judge Roger T. Benitez on 03/11/08. CC to USCIS.(joeh) (Entered: 03/12/2008)

March 11, 2008

March 11, 2008

Clearinghouse
27

STRIKEN PER ORDER 29 FIRST AMENDED COMPLAINT First Amended Complaint for Declaratory and Injunctive Relief and Petition for Naturalization against all defendants, filed by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Notice)(Hartman, M). Modified on 4/30/2008 (joeh, D). (Entered: 04/28/2008)

April 28, 2008

April 28, 2008

PACER
28

STRIKEN PER ORDER 29 Amended MOTION to Certify Class Plaintiff's Notice of Amended Motion and Amended Motion for Class Certification by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration David Blair-Loy, # 3 Exhibit Exhibits 1 - 5 of Blair-Loy Declaration, # 4 Declaration Aaron H. Caplan, # 5 Exhibit Exhibits A - D of Caplan Declaration, # 6 Declaration Karen C. Tumlin, # 7 Declaration Cecillia D. Wang, # 8 Proof of Service)(Chen, Karen) Modified on 4/30/2008 (joeh, D). (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

PACER
29

Discrepancy Order by Judge Roger T. Benitez rejecting document: First Amended Complaint, Amended Motion to Certify Class from Plaintiffs Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan, non-compliance with local rule s, Motions terminated: 28 Amended MOTION to Certify Class Plaintiff's Notice of Amended Motion and Amended Motion for Class Certification filed by Zahra Jamshidi, Mohammad Hashim Naseem, Mehdi Hormozan, Daniel Tartakovsky. Signed by Judge Roger T. Benitez on 04/30/08. (joeh) (av1). (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

PACER
30

MOTION for Reconsideration by Daniel Tartakovsky. (Attachments: # 1 Motion for Reconsideration, # 2 Declaration David Blair-Loy, # 3 Declaration Wang, # 4 Declaration Tumlin, # 5 Declaration Caplan, # 6 Proof of Service)(Chen, Karen) (ag). Modified on 6/8/2009 to terminate motion, per chambers (asw). (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

PACER
31

MOTION for Reconsideration by Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Motion for Reconsideration, # 2 Declaration David Blair-Loy, # 3 Declaration Wang, # 4 Declaration Tumlin, # 5 Declaration Caplan, # 6 Proof of Service)(Chen, Karen) (aje). Modified on 6/8/2009 to terminate motion, per chambers (asw). (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

PACER
32

Joint MOTION for Extension of Time to File Response/Reply / Defendant's opposition by Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales. (Norris, Raven) (joeh). (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

PACER
33

NOTICE of Appearance by John R. Bunker on behalf of all defendants (Bunker, John) (joeh). (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

PACER
35

ORDER granting 32 Motion for Extension of Time to File Response/Reply re 30 MOTION for Reconsideration, 31 MOTION for Reconsideration Responses due by 5/30/2008. Signed by Judge Roger T. Benitez on 05/22/08. (joeh) (av1). (Entered: 05/23/2008)

May 22, 2008

May 22, 2008

PACER
34

RESPONSE in Opposition re 31 MOTION for Reconsideration, 28 Amended MOTION to Certify Class Plaintiff's Notice of Amended Motion and Amended Motion for Class Certification, 30 MOTION for Reconsideration, 32 Joint MOTION for Extension of Time to File Response/Reply / Defendant's opposition filed by Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales. (Attachments: # 1 Exhibit PLAINTIFFS' FIRST AMENDED COMPLAINT)(Bunker, John) (jpp). (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

PACER
36

Minute Order issued by the Honorable Roger T. Benitez: Submitting [30-1] Motion for Reconsideration; submitting [31-1] Motion for Reconsideration. Court to issue Order. Motion Hearing date of 6/2/2008 10:30AM is hereby vacated. (gxr) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

PACER
37

REPLY re 31 MOTION for Reconsideration, 30 MOTION for Reconsideration Reply Memorandum of Points and Authorities in Support of Plaintiffs' Motion to Reconsider Order Striking First Amended Complaint and Amended Motion for Class Certification, or in the Alternative, Requesting Leave to File filed by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Proof of Service)(Chen, Karen) (joeh). (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

PACER
38

NOTICE by Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales of adjudication of naturalization application of Cristobal Sanchez (Attachments: # 1 Exhibit Copy of Naturalization Certificate of Cristobal Sanchez, # 2 Declaration Declaration of Celia Kynoch)(Bunker, John)(joeh). (Entered: 06/18/2008)

June 18, 2008

June 18, 2008

PACER
39

NOTICE by Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales of ADJUDICATION of NATURALIZATION APPLICATION of YULIYA PAST (Attachments: # 1 Exhibit A--Declaration of Michael Hartsfield, # 2 Exhibit B--Copy of Naturalization Certificate of Yuliya Past)(Bunker, John) (mdc) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

PACER
40

NOTICE OF APPEAL as to 29 Discrepancy Order Rejecting Document, 26 Order Dismissing Case, by Cristobal Sanchez, Yuliya Past, Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Filing Fee: Paid, Receipt No. 155783). (akr) (Entered: 10/08/2008)

Oct. 7, 2008

Oct. 7, 2008

PACER

Transmission of Notice of Appeal (t/w Representation Statement) and Docket Sheet to US Court of Appeals re 40 Notice of Appeal. (akr)

Oct. 8, 2008

Oct. 8, 2008

PACER
41

USCA Case Number 08-56678 for 40 Notice of Appeal, filed by Cristobal Sanchez, Yuliya Past, Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (akr) (Entered: 10/10/2008)

Oct. 10, 2008

Oct. 10, 2008

PACER
42

USCA Time Scheduling Order as to 40 Notice of Appeal, filed by Cristobal Sanchez, Yuliya Past, Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (akr) (Entered: 10/10/2008)

Oct. 10, 2008

Oct. 10, 2008

PACER
43

TRANSCRIPT REQUEST by Cristobal Sanchez, Yuliya Past, Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan: No Transcripts Designated re 40 Notice of Appeal. (akr) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

PACER
44

Certificate of Record transmitted to USCA re 40 Notice of Appeal. (akr) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

PACER
45

PRO HAC VICE APPOINTED: Kathryn Moore appearing for Defendants Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales (mkz) (Entered: 10/21/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER
46

ORDER Staying Plaintiffs' Motions for Reconsideration 30 and 31 . Signed by Judge Roger T. Benitez on 10/22/08. (All non-registered users served via U.S. Mail Service).(asw) (av1). (Entered: 10/23/2008)

Oct. 22, 2008

Oct. 22, 2008

PACER
47

NOTICE of USCA Receipt of Certificate of Record re 40 Notice of Appeal, filed by Cristobal Sanchez, Yuliya Past, Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. USCA Case Number 08-56678. (akr) (Entered: 10/27/2008)

Oct. 27, 2008

Oct. 27, 2008

PACER
48

NOTICE of Appearance by Sean Connor Riordan on behalf of Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan (Attachments: # 1 Proof of Service)(Riordan, Sean)(asw). (Entered: 11/05/2008)

Nov. 5, 2008

Nov. 5, 2008

PACER
49

MOTION for Attorney Fees and Costs by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Memo of Points and Authorities In Support of Motion for Attorneys Fees and Costs, # 2 Declaration Cecillia D. Wang, # 3 Exhibit EX.1 to Cecillia Wang Declaration, # 4 Declaration David Blair-Loy, # 5 Exhibit EX.1 to David Blair-Loy Declaration, # 6 Declaration EX.2 to David Blair-Loy Declaration, # 7 Declaration Sean Riordan, # 8 Exhibit EX.1 to Sean Riordan Declaration, # 9 Exhibit EX.2 to Sean Riordan Declaration, # 10 Declaration Karen S. Chen, # 11 Exhibit EX.1 to Karen Chen Declaration, # 12 Exhibit EX.2 to Karen Chen Declaration, # 13 Declaration M. Ray Hartman III, # 14 Declaration Nancy Dix, # 15 Declaration Mohammad Hashim Naseem, # 16 Proof of Service)(Blair-Loy, John)(asw). (Entered: 11/05/2008)

Nov. 5, 2008

Nov. 5, 2008

PACER
50

DECLARATION of Daniel Tartakovsky re 49 MOTION for Attorney Fees and Costs Declaration of Daniel Tartakovsky by Plaintiffs Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Proof of Service)(Blair-Loy, John) Modified on 11/19/2008 to clarify text (asw). (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

PACER
51

DECLARATION of Zahra Jamshidi re 49 MOTION for Attorney Fees and Costs Zahra Jamshidi Declaration by Plaintiffs Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Proof of Service)(Blair-Loy, John) Modified on 11/19/2008 to clarify text (asw). (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

PACER
52

DECLARATION re 49 MOTION for Attorney Fees and Costs Declaration of Mehdi Hormozan by Plaintiffs Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Proof of Service)(Blair-Loy, John)(asw). (Entered: 11/20/2008)

Nov. 20, 2008

Nov. 20, 2008

PACER
53

Joint MOTION for Extension of Time to File Response/Reply by Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales. (Moore, Kathryn)(asw). (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
54

NOTICE by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan re 49 MOTION for Attorney Fees and Costs (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Proof of Service)(Blair-Loy, John)(asw). (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

PACER
55

ORDER granting 53 Joint Motion to Continue Hearing and Briefing Schedule on Plaintiffs-Petitioners' Motion for Attorney's Fees: The Court GRANTS the Motion and ORDERS that the hearing date is continued until 1/5/09, at 10:30 AM. The Court further ORDERS that the parties' response and reply deadlines are based on the new hearing date. Signed by Judge Roger T. Benitez on 12/1/08. (asw) (kaj). Modified on 12/15/2008 to correct hearing time (asw). (Entered: 12/03/2008)

Dec. 2, 2008

Dec. 2, 2008

PACER
56

Joint MOTION to Continue Hearing and Response and Reply Dates For Plaintiffs-Petitioners' Motion for Attorneys Fees by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Proof of Service)(Blair-Loy, John)(asw). (Entered: 12/10/2008)

Dec. 10, 2008

Dec. 10, 2008

PACER
57

Minute Order issued by the Honorable Roger T. Benitez: The Court GRANTS the Joint Motion to Continue Hearing and Briefing Schedule on Plaintiffs Motion for Attorney's Fees (Dkt. No. 56) and orders the hearing date continued from 1/5/09 to 2/2/09 10:30 AM in Courtroom 03 before Judge Roger T. Benitez. Deadlines for briefing the Motion (Dkt. No 49) are based on the new hearing date. (gxr) (Entered: 12/17/2008)

Dec. 17, 2008

Dec. 17, 2008

PACER
58

RESPONSE in Opposition re 49 MOTION for Attorney Fees and Costs filed by Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales. (Moore, Kathryn) (cap). (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
59

REPLY to Response to Motion re 49 MOTION for Attorney Fees and Costs filed by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. (Attachments: # 1 Declaration Sean Riordan, # 2 Exhibit to declaration, # 3 Exhibit to declaration, # 4 Proof of Service)(Blair-Loy, John)(asw). (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

PACER
60

Minute Order issued by the Honorable Roger T. Benitez: Submitting 49 MOTION for Attorney Fees and Costs. Court to issue Order. Motion Hearing date of 2/2/2009 10:30AM is hereby vacated. (gxr) (Entered: 01/28/2009)

Jan. 28, 2009

Jan. 28, 2009

PACER
61

NOTICE by Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan re 49 MOTION for Attorney Fees and Costs (Attachments: # 1 Exhibit Exhibit 1, # 2 Proof of Service)(Blair-Loy, John)(asw). (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
62

ORDER of USCA as to 40 Notice of Appeal, filed by Cristobal Sanchez, Yuliya Past, Daniel Tartakovsky, Mohammad Hashim Naseem, Zahra Jamshidi, Mehdi Hormozan. Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. The parties shall bear their own costs and attorneys' fees on appeal. This order served on the USDC shall act as and for the mandate of the USCA. (akr) (Entered: 04/06/2009)

April 6, 2009

April 6, 2009

PACER
63

NOTICE re 58 Response in Opposition to Motion Relevant Recent Decisions by Paul M. Pierre, Emilio T. Gonzalez, Michael Chertoff, Robert S Mueller, III, Alberto Gonzales (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Moore, Kathryn)(asw). (Entered: 04/22/2009)

April 22, 2009

April 22, 2009

PACER
64

ORDER denying 49 Motion for Attorney Fees and Costs. Because the Court finds that Plaintiffs are not prevailing parties, the motion is DENIED. Signed by Judge Roger T. Benitez on 8/10/09. (asw) (jrl). (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 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: Aug. 22, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are lawful permanent residents whose naturalization applications were delayed.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Department of Homeland Security, Federal

Federal Bureau of Investigations, Federal

Department of Justice, Federal

U.S. Citizenship and Immigration Services, Federal

Defendant Type(s):

Jurisdiction-wide

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)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

U.S. citizenship - acquiring