MADKUDU INC. V. U.S. CITIZENSHIP AND IMMIGRATION SERVICES | Civil Rights Litigation Clearinghouse

Case: MadKudu Inc. v. U.S. Citizenship and Immigration Services

5:20-cv-02653 | U.S. District Court for the Northern District of California

Filed Date: April 16, 2020

Case Ongoing

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Case Summary

This was a nationwide class action filed by U.S. businesses that challenged the United States Citizenship and Immigration Services's (USCIS) pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions to classify market research analyst positions as "specialty occupations." On April 16, 2020, companies who had such petitions denied filed this lawsuit in the U.S. District Court for the Northern District of California. Plaintiffs sued USCIS and their Senior Official Performing the Duties of the Director under the Declaratory Judgment Act, the Immigration and Nationality Act, and the Administrative Procedure Act. Represented by the National Immigration Litigation Alliance, the American Immigration Lawyers Association, the American Immigration Council, and private counsel, plaintiffs asked the court to set aside and vacate the denials of plaintiffs’ and class members' H-1B petitions, to declare that the defendants unlawfully engaged in a pattern and practice of misapplying the law, to enjoin defendants from its interpretation of relevant petition criteria to deny petitions for market research analysts, and to award attorneys’ fees. The case was assigned to Magistrate Judge Susan van Keulen.

H-1B immigrant visa classification allows highly educated noncitizens to work for American employers in specialty occupations. Specialty occupations are those that require particular knowledge and skills for which a bachelor’s degree or higher (or its equivalent) in a specific specialty is required. USCIS had allegedly been arbitrarily denying these plaintiffs' petitions regarding classification because they mistakenly found they did not satisfy the “first regulatory test,” which requires a bachelor’s degree in the specialty be typically required for such work as outlined by the Occupational Outlook Handbook (OOH). USCIS has been denying petitions on the grounds that several degrees or fields of study may qualify a person to work as a market research analyst, which would mean that the degree requirement is not a specific specialty. The plaintiffs argued that the fact that multiple degrees may prepare a person to be a market research analyst does not negate that the typical degrees attained by most who pursue the occupation are closely related to market research and therefore constitute a specialty.

The defendants moved to sever and dismiss the plaintiffs' claims on August 4, 2020. The defendants sought severance because they argued that the claims were impermissibily joindered and also moved for dismissal on the basis that two of the named plaintiffs' claims were mooted because their H-1B petitions were approved. On September 14, the court denied these motions. Specifically, the court held that permissive joinder was still valid as arising out of the same transaction or occurrence. The court similarly concluded that the plaintiffs whose petitions were granted retained an interest in the litigation because of the possibility that the allegedly wrongful behavior would recur.

Plaintiffs’ motion for class certification was granted in part on November 17, 2020. During the course of litigation, the Department of Homeland security issued an interim final rule amending the process for evaluating H-1B petitions, requiring a "direct relationship between degree field(s) and duties of the position." A petition would not be granted if the attainment of a general degree would suffice. Because the interim final rule altered the criteria underlying H-1B petitions, the court certified a narrow class that involved:

"All U.S. employers who in 2019 through December 6, 2020 filed, or will file, a petition (Form I-129 or any successor) with USCIS for an H-1B classification under 8 U.S.C. § 1101(a)(15)(H)(i)(b) for a market research analyst where:

USCIS denied or will deny the petition solely or in part based on a finding that the OOH entry for market research analyst does not establish that the occupation is a specialty occupation, and thus does not satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(1); and
But for this finding, the petition would be approved."

Plaintiffs were appointed as class representatives.

On August 20, 2021, the parties reached a settlement regarding the adjudication of future H-1B petitions for market research analyst positions. The settlement outlined that H-1B adjudicators would more expansively grant petitions claiming market research analyst positions to be specialty occupations. This included past denials, which the parties agreed could be reopened for potential class members. After a fairness hearing, Judge Susan van Keulen approved the final settlement agreement on October 19, 2021. The case was voluntarily dismissed by stipulation of the parties 3 days later. The court retained jurisdiction to settle disputes over the 5-year course of the settlement.

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Summary Authors

Jordan Schuler (11/21/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17074935/parties/madkudu-inc-v-us-citizenship-and-immigration-services/

Judge(s)

van Keulen, Susan (California)

Attorneys(s) for Plaintiff

Bless, Jesse (District of Columbia)

Dellon, Leslie K (District of Columbia)

Joseph, Jeff (Colorado)

Kenney, Mary (Massachusetts)

Kuck, Charles H. (Georgia)

Nightingale, Zachary M. (California)

Realmuto, Trina (Massachusetts)

Attorneys(s) for Defendant

Kurlan, Elizabeth D. (California)

Press, Joshua S. (District of Columbia)

Judge(s)

van Keulen, Susan (California)

Attorneys(s) for Plaintiff

Bless, Jesse (District of Columbia)

Dellon, Leslie K (District of Columbia)

Joseph, Jeff (Colorado)

Kenney, Mary (Massachusetts)

Kuck, Charles H. (Georgia)

Nightingale, Zachary M. (California)

Realmuto, Trina (Massachusetts)

Attorneys(s) for Defendant

Kurlan, Elizabeth D. (California)

Press, Joshua S. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
5:20-cv-02653	Docket [PACER]	Oct. 22, 2021	Oct. 22, 2021 Docket
1 5:20-cv-02653	Complaint for Declaratory and Injunctive Relief	April 16, 2020	April 16, 2020 Complaint
39 5:20-cv-02653	Amended Complaint for Declaratory and Injunctive Relief	July 20, 2020	July 20, 2020 Complaint
51 5:20-cv-02653	Order Denying Defendants' Motion to Sever and Dismiss	Sept. 14, 2020	Sept. 14, 2020 Order/Opinion
59 5:20-cv-02653	Order Granting in Part Plaintiffs' Motion for Class Certification	Nov. 17, 2020	Nov. 17, 2020 Order/Opinion
85-1 5:20-cv-02653	Settlement Agreement and Release	Aug. 20, 2021	Aug. 20, 2021 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
USCIS’ Unlawful Denial of H-1B Petitions Spurs Class Action Lawsuit American Immigration Counsel	This nationwide class action lawsuit challenges U.S. Citizenship and Immigration Services’ (USCIS) pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market …	Nov. 1, 2021	Nov. 1, 2021 https://www.americanimmigrationcouncil.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17074935/madkudu-inc-v-us-citizenship-and-immigration-services/

Last updated Feb. 4, 2023, 3:11 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-14380966.). Filed byMadKudu Inc., Quick Fitting Inc.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Realmuto, Trina) (Filed on 4/16/2020) (Entered: 04/16/2020)	April 16, 2020	April 16, 2020 PACER
2	Proposed Summons. (Attachments: # 1 Summons Cuccinelli, # 2 Summons Barr, # 3 Summons USCIS)(Realmuto, Trina) (Filed on 4/16/2020) (Entered: 04/16/2020)	April 16, 2020	April 16, 2020 PACER
3	NOTICE of Appearance by Trina Ann Realmuto (Realmuto, Trina) (Filed on 4/16/2020) (Entered: 04/16/2020)	April 16, 2020	April 16, 2020 PACER
5	Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/30/2020. (bwS, COURT STAFF) (Filed on 4/16/2020) (Entered: 04/17/2020)	April 16, 2020	April 16, 2020 PACER
4	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14384301.) filed by MadKudu Inc., Quick Fitting Inc.. (Kenney, Mary) (Filed on 4/17/2020) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 PACER
6	Immigration Mandamus Case Procedural Order, (cv, COURT STAFF) (Filed on 4/17/2020) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 PACER
7	NOTICE of Appearance by Zachary Miller Nightingale (Nightingale, Zachary) (Filed on 4/17/2020) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 PACER
8	ORDER GRANTING 4 PRO HAC VICE APPLICATION. Signed by Judge Susan van Keulen on 4/17/2020. (svklc2S, COURT STAFF) (Filed on 4/17/2020) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 RECAP
9	Summons Issued as to Kenneth T. Cuccinelli. (cv, COURT STAFF) (Filed on 4/17/2020) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 PACER
10	Summons Issued as to U.S. Citizenship and Immigration Services, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(cv, COURT STAFF) (Filed on 4/17/2020) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 PACER
	~Util - Case Assigned by Intake	April 17, 2020	April 17, 2020 PACER
11	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14390194.) filed by MadKudu Inc., Quick Fitting Inc.. (Dellon, Leslie) (Filed on 4/20/2020) (Entered: 04/20/2020)	April 20, 2020	April 20, 2020 PACER
12	ORDER GRANTING 11 PRO HAC VICE APPLICATION. Signed by Judge Susan van Keulen on 4/20/2020. (svklc2S, COURT STAFF) (Filed on 4/20/2020) (Entered: 04/20/2020)	April 20, 2020	April 20, 2020 RECAP
13	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by MadKudu Inc., Quick Fitting Inc... (Kenney, Mary) (Filed on 4/21/2020) (Entered: 04/21/2020)	April 21, 2020	April 21, 2020 PACER
14	Proposed Summons. (Dellon, Leslie) (Filed on 4/22/2020) (Entered: 04/22/2020)	April 22, 2020	April 22, 2020 PACER
15	Proposed Summons. (Dellon, Leslie) (Filed on 4/22/2020) (Entered: 04/22/2020)	April 22, 2020	April 22, 2020 PACER
16	MOTION for leave to appear in Pro Hac Vice by Jeff Joseph ( Filing fee $ 310, receipt number 0971-14399190.) filed by MadKudu Inc., Quick Fitting Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Joseph, Jeff) (Filed on 4/22/2020) (Entered: 04/22/2020)	April 22, 2020	April 22, 2020 PACER
17	ORDER GRANTING 16 PRO HAC VICE APPLICATION. Signed by Judge Susan van Keulen on 4/22/2020. (svklc2S, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)	April 22, 2020	April 22, 2020 RECAP
18	Summons Issued as to Kenneth T. Cuccinelli. (cv, COURT STAFF) (Filed on 4/23/2020) (Entered: 04/23/2020)	April 23, 2020	April 23, 2020 PACER
19	Summons Issued as to U.S. Citizenship and Immigration Services. (cv, COURT STAFF) (Filed on 4/23/2020) (Entered: 04/23/2020)	April 23, 2020	April 23, 2020 PACER
20	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14407715.) filed by MadKudu Inc., Quick Fitting Inc.. (Bless, Jesse) (Filed on 4/24/2020) (Entered: 04/24/2020)	April 24, 2020	April 24, 2020 PACER
21	MOTION for leave to appear in Pro Hac Vice Attorney Charles H. Kuck ( Filing fee $ 310, receipt number 0971-14407990.) filed by MadKudu Inc., Quick Fitting Inc.. (Attachments: # 1 Supplement Letter of Good Standing)(Kuck, Charles) (Filed on 4/24/2020) Modified on 4/24/2020 (cv, COURT STAFF). (Entered: 04/24/2020)	April 24, 2020	April 24, 2020 PACER
22	ORDER GRANTING 20 PRO HAC VICE APPLICATION. Signed by Judge Susan van Keulen on 04/24/2020. (svklc2S, COURT STAFF) (Filed on 4/24/2020) (Entered: 04/24/2020)	April 24, 2020	April 24, 2020 RECAP
23	ORDER GRANTING 21 PRO HAC VICE APPLICATION. Signed by Judge Susan van Keulen on 4/24/2020. (svklc2S, COURT STAFF) (Filed on 4/24/2020) (Entered: 04/24/2020)	April 24, 2020	April 24, 2020 RECAP
24	MOTION to Withdraw as Attorney (Trina Realmuto) filed by MadKudu Inc., Quick Fitting Inc.. Motion Hearing set for 6/2/2020 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 5/12/2020. Replies due by 5/19/2020. (Attachments: # 1 Proposed Order)(Realmuto, Trina) (Filed on 4/28/2020) (Entered: 04/28/2020)	April 28, 2020	April 28, 2020 PACER
25	ORDER GRANTING 24 MOTION TO WITHDRAW AS ATTORNEY. The hearing set for 06/02/2020 is VACATED. Signed by Judge Susan van Keulen on 4/30/2020. (svklc2S, COURT STAFF) (Filed on 4/30/2020) (Entered: 04/30/2020)	April 30, 2020	April 30, 2020 RECAP
26	First MOTION to Certify Class with Points and Authorities filed by MadKudu Inc., Quick Fitting Inc.. Motion Hearing set for 6/23/2020 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 6/3/2020. Replies due by 6/17/2020. (Attachments: # 1 Exhibit Exh A MadKudu Inc declaration, # 2 Exhibit Exh B MadKudu petition denial, # 3 Exhibit Exh C Quick Fitting declaration, # 4 Exhibit Exh D Quick Fitting petition denial, # 5 Exhibit Exh E M Kenney declaration, # 6 Exhibit Exh F Z Nightingale declaration, # 7 Exhibit Exh G J Bless declaration, # 8 Exhibit Exh H J Joseph declaration, # 9 Exhibit Exh I C Kuck declaration, # 10 Proposed Order Proposed Order)(Kenney, Mary) (Filed on 5/4/2020) Modified on 7/23/2020 (jhfS, COURT STAFF). (Entered: 05/04/2020)	May 4, 2020	May 4, 2020 PACER
27	ORDER REGARDING 26 PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. The hearing set for 06/23/2020 is VACATED. Signed by Judge Susan van Keulen on 05/05/2020. (svklc2S, COURT STAFF) (Filed on 5/5/2020) (Entered: 05/05/2020)	May 5, 2020	May 5, 2020 RECAP
28	AFFIDAVIT of Service for Summons and Complaint served on Defendants USCIS, Kenneth T. Cuccinelli, Attorney General William Barr, U.S. Attorney for the Northern District of Califoirnia on April 24, 2020, filed by MadKudu Inc., Quick Fitting Inc.. (Attachments: # 1 Exhibit A)(Kenney, Mary) (Filed on 5/6/2020) (Entered: 05/06/2020)	May 6, 2020	May 6, 2020 PACER
29	NOTICE of Appearance by Joshua Samuel Press (Press, Joshua) (Filed on 5/11/2020) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
30	CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/18/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 5/11/2020) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
	Clerk's Notice re: Consent or Declination	May 11, 2020	May 11, 2020 PACER
31	NOTICE of Appearance by Elizabeth Kurlan for Defendants (Kurlan, Elizabeth) (Filed on 5/13/2020) (Entered: 05/13/2020)	May 13, 2020	May 13, 2020 PACER
32	STATUS REPORT Joint Status Report by MadKudu Inc., Quick Fitting Inc.. (Kenney, Mary) (Filed on 5/14/2020) (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
33	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by MadKudu Inc., Quick Fitting Inc... (Kenney, Mary) (Filed on 5/18/2020) (Entered: 05/18/2020)	May 18, 2020	May 18, 2020 PACER
34	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services.. (Press, Joshua) (Filed on 5/18/2020) (Entered: 05/18/2020)	May 18, 2020	May 18, 2020 PACER
35	CLERK'S NOTICE: A hearing on 26 Plaintiffs' Motion for Class Certification has been set for 9/22/2020 at 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Defendants' opposition to the motion is due by 7/29/2020. Plaintiffs' reply is due by 8/12/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (svklc2, COURT STAFF) (Filed on 5/18/2020) (Entered: 05/18/2020)	May 18, 2020	May 18, 2020 PACER
	~Util - Set Motion and Deadlines/Hearings	May 18, 2020	May 18, 2020 PACER
	Clerk's Notice	May 18, 2020	May 18, 2020 PACER
36	MOTION to Dismiss for Lack of Jurisdiction and Memorandum of Points and Authorities filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. Motion Hearing set for 8/4/2020 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 7/13/2020. Replies due by 7/20/2020. (Attachments: # 1 Exhibit Attachments)(Kurlan, Elizabeth) (Filed on 6/29/2020) Modified on 7/23/2020 (jhfS, COURT STAFF). (Entered: 06/29/2020)	June 29, 2020	June 29, 2020 PACER
37	OPPOSITION/RESPONSE (re 36 MOTION to Dismiss for Lack of Jurisdiction and Memorandum of Points and Authorities ) filed byMadKudu Inc., Quick Fitting Inc.. (Kenney, Mary) (Filed on 7/13/2020) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
38	ADMINISTRATIVE MOTION Administrative Motion to Defer Class Certification filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. Responses due by 7/21/2020. (Attachments: # 1 Exhibit Exhibit A)(Kurlan, Elizabeth) (Filed on 7/17/2020) Modified on 7/23/2020 (jhfS, COURT STAFF). (Entered: 07/17/2020)	July 17, 2020	July 17, 2020 PACER
39	AMENDED COMPLAINT against All Defendants. Filed byMadKudu Inc., Quick Fitting Inc., Hanguang International Inc., 2nd Street USA, Inc.. (Kenney, Mary) (Filed on 7/20/2020) (Entered: 07/20/2020)	July 20, 2020	July 20, 2020 PACER
40	MOTION to Certify Class filed by 2nd Street USA, Inc., Hanguang International Inc., MadKudu Inc., Quick Fitting Inc.. Motion Hearing set for 9/22/2020 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 8/3/2020. Replies due by 8/10/2020. (Attachments: # 1 Proposed Order, # 2 Exhibit MadKudu declaration, # 3 Exhibit MadKudu petition denial, # 4 Exhibit Quick Fitting declaration, # 5 Exhibit Quick Fitting petition denial, # 6 Exhibit Kenney amended declaration, # 7 Exhibit Nightingale declaration, # 8 Exhibit Bless declaration, # 9 Exhibit Joseph declaration, # 10 Exhibit Kuck declaration, # 11 Exhibit MadKudu and Quick Fitting petition approvals, # 12 Exhibit 2nd Street declaration, # 13 Exhibit 2nd Street petition denial, # 14 Exhibit Hanguang declaration, # 15 Exhibit Hanguang Petition denial)(Kenney, Mary) (Filed on 7/20/2020) (Entered: 07/20/2020)	July 20, 2020	July 20, 2020 PACER
41	CLERK'S NOTICE Re: Consent or Declination: Plaintiffs Hanguang International Inc. and 2nd Street USA, Inc. shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/27/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 7/20/2020) (Entered: 07/20/2020)	July 20, 2020	July 20, 2020 PACER
	Clerk's Notice re: Consent or Declination	July 20, 2020	July 20, 2020 PACER
42	OPPOSITION/RESPONSE (re 38 ADMINISTRATIVE MOTION Administrative Motion to Defer Class Certification ) filed by2nd Street USA, Inc., Hanguang International Inc., MadKudu Inc., Quick Fitting Inc.. (Attachments: # 1 Proposed Order)(Kenney, Mary) (Filed on 7/21/2020) (Entered: 07/21/2020)	July 21, 2020	July 21, 2020 PACER
43	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by 2nd Street USA, Inc., Hanguang International Inc... (Dellon, Leslie) (Filed on 7/23/2020) (Entered: 07/23/2020)	July 23, 2020	July 23, 2020 PACER
44	ORDER TERMINATING 26 PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND 36 DEFENDANTS' MOTION TO DISMISS; DENYING 38 DEFENDANTS' ADMINISTRATIVE MOTION; AND SETTING BRIEFING SCHEDULE FOR MOTIONS-DEFENDANTS' FORTHCOMING MOTION TO DISMISS AND PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION 40 Renewed Motion for Class Certification due: 7/20/20Renewed Motion to Dismiss due: 8/3/20Opposition to Renewed Motion to Dismiss due: 8/17/20Reply to Renewed Motion to Dismiss due: 8/24/20Opposition to Renewed Motion for Class Certification due: 9/14/20 Reply to Renewed Motion for Class Certification due: 9/28/20Hearing on Renewed Motion for Class Certification is set for 10/27/2020 10:00 before Magistrate Judge Susan van Keulen.All other deadlines and hearing dates previously set are vacated. Signed by Judge Susan van Keulen on 7/23/20. (jhfS, COURT STAFF) (Filed on 7/23/2020) (Entered: 07/23/2020)	July 23, 2020	July 23, 2020 PACER
45	* POSTED IN ERROR * please see 47 MOTION to Sever and, MOTION to Dismiss filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. Motion Hearing set for 9/1/2020 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 8/17/2020. Replies due by 8/24/2020. (Kurlan, Elizabeth) (Filed on 8/3/2020) Modified on 8/4/2020 (cv, COURT STAFF). Modified on 8/4/2020 (cv, COURT STAFF). (Entered: 08/03/2020)	Aug. 3, 2020	Aug. 3, 2020 PACER
46	CLERK'S NOTICE TERMINATING THE HEARING DATE OF 9/1/20 as failure to comply with Civ. Local Rule 7-2(a). Court will schedule a hearing if necessary. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 8/4/2020) (Entered: 08/04/2020)	Aug. 4, 2020	Aug. 4, 2020 PACER
47	Amended MOTION to Dismiss and, Amended MOTION to Sever filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. Responses due by 8/17/2020. Replies due by 8/24/2020. (Attachments: # 1 Exhibit Attachments)(Kurlan, Elizabeth) (Filed on 8/4/2020) (Entered: 08/04/2020)	Aug. 4, 2020	Aug. 4, 2020 PACER
	Clerk's Notice	Aug. 4, 2020	Aug. 4, 2020 PACER
48	OPPOSITION/RESPONSE (re 47 Amended MOTION to Dismiss andAmended MOTION to Sever ) filed by2nd Street USA, Inc., Hanguang International Inc., MadKudu Inc., Quick Fitting Inc.. (Attachments: # 1 Exhibit Exh O Brero Declaration, # 2 Exhibit Exh P Kosky Declaration)(Kenney, Mary) (Filed on 8/17/2020) (Entered: 08/17/2020)	Aug. 17, 2020	Aug. 17, 2020 PACER
49	REPLY (re 47 Amended MOTION to Dismiss andAmended MOTION to Sever ) filed byKenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Kurlan, Elizabeth) (Filed on 8/24/2020) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER
50	CLERK'S NOTICE re EXTENSION OF DEADLINES AND SETTING OF ZOOM HEARINGOpposition to Renewed Motion for Class Certification due: 9/28/20Reply to Renewed Motion for Class Certification due: 10/12/20Hearing on Renewed Motion for Class Certification remains as previously set for 10/27/2020 10:00 before Magistrate Judge Susan van Keulen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/svk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded th at photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(jhfS, COURT STAFF) (Filed on 9/8/2020) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
	1 - Terminate Hearings AND Clerk's Notice AND ~Util - Teleconference Zoom	Sept. 8, 2020	Sept. 8, 2020 PACER
	~Util - Teleconference Zoom AND 1 - Terminate Hearings AND Clerk's Notice	Sept. 8, 2020	Sept. 8, 2020 PACER
	1 - Terminate Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice	Sept. 8, 2020	Sept. 8, 2020 PACER
51	ORDER by Judge Susan van Keulen denying 47 Motion to Dismiss and denying 47 Motion to Sever. (svklc2S, COURT STAFF) (Filed on 9/14/2020) (Entered: 09/14/2020)	Sept. 14, 2020	Sept. 14, 2020 PACER
52	ANSWER to Amended Complaint byKenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Press, Joshua) (Filed on 9/28/2020) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 PACER
53	*FILED IN ERROR-SEE CORRECTED FILING AT 54 *OPPOSITION/RESPONSE (re 40 MOTION to Certify Class ) filed byKenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Kurlan, Elizabeth) (Filed on 9/28/2020) Modified on 9/29/2020 (jhfS, COURT STAFF). (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 PACER
54	OPPOSITION/RESPONSE (re 40 MOTION to Certify Class ) AMENDED to include corrected TOC & TOA and Exhibits filed byKenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Attachments: # 1 Exhibit Exhibits 1-4)(Kurlan, Elizabeth) (Filed on 9/29/2020) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020 PACER
55	REPLY (re 40 MOTION to Certify Class ) filed by2nd Street USA, Inc., Hanguang International Inc., MadKudu Inc., Quick Fitting Inc.. (Kenney, Mary) (Filed on 10/12/2020) (Entered: 10/12/2020)	Oct. 12, 2020	Oct. 12, 2020 PACER
56	ORDER ALLOWING SUR-REPLY re 55 Reply to Opposition/Response by noon 10/22/2020. Signed by Judge Susan van Keulen on 10/16/2020. (svklc2S, COURT STAFF) (Filed on 10/16/2020) (Entered: 10/16/2020)	Oct. 16, 2020	Oct. 16, 2020 PACER
57	RESPONSE re 55 Reply to Opposition/Response, 56 Order (Defendants' Sur-Reply) by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Press, Joshua) (Filed on 10/22/2020) (Entered: 10/22/2020)	Oct. 22, 2020	Oct. 22, 2020 PACER
58	Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Hearing on Renewed Motion for Class Certification held on 10/27/2020 via Zoom.The Court takes the matter under submission. Total Time in Court: 10:09am-11:25am (34 mins). Court Reporter: Irene Rodriguez via Zoom. Plaintiff Attorney: Mary Kenney, Leslie Dellon, Charles Kuck and Jesse Bless via Zoom. Defendant Attorney: Elizabeth Kurlan via Zoom. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Date Filed: 10/27/2020) (Entered: 10/27/2020)	Oct. 27, 2020	Oct. 27, 2020 PACER
	Motion Hearing AND 1 - Terminate Deadlines and Hearings	Oct. 27, 2020	Oct. 27, 2020 PACER
59	ORDER by Judge Susan van Keulen granting in part 40 Motion for Class Certification. (svklc2S, COURT STAFF) (Filed on 11/17/2020) (Entered: 11/17/2020)	Nov. 17, 2020	Nov. 17, 2020 PACER
60	STIPULATION WITH PROPOSED ORDER Joint Stipulation to Extend Deadline filed by 2nd Street USA, Inc., Hanguang International Inc., MadKudu Inc., Quick Fitting Inc.. (Attachments: # 1 Proposed Order)(Dellon, Leslie) (Filed on 1/15/2021) (Entered: 01/15/2021)	Jan. 15, 2021	Jan. 15, 2021 PACER
61	ORDER by Judge Susan van Keulen granting 60 Stipulation to Extend January 15, 2021 Deadline to January 29, 2021. (svklc2S, COURT STAFF) (Filed on 1/15/2021) (Entered: 01/15/2021)	Jan. 15, 2021	Jan. 15, 2021 PACER
62	STIPULATION WITH PROPOSED ORDER Joint Stipulation Setting Summary Judgment Briefing Schedule filed by 2nd Street USA, Inc., Hanguang International Inc., MadKudu Inc., Quick Fitting Inc.. (Attachments: # 1 Proposed Order)(Dellon, Leslie) (Filed on 1/29/2021) (Entered: 01/29/2021)	Jan. 29, 2021	Jan. 29, 2021 PACER
63	ORDER re 62 Summary Judgment Briefing Schedule and ADR Process. Signed by Judge Susan van Keulen on 2/2/2021. (svklc2S, COURT STAFF) (Filed on 2/2/2021) (Entered: 02/02/2021)	Feb. 2, 2021	Feb. 2, 2021 PACER
64	First MOTION to Amend/Correct 59 Order on Motion to Certify Class with Points and Authorities filed by 2nd Street USA, Inc., Hanguang International Inc., MadKudu Inc., Quick Fitting Inc.. Motion Hearing set for 3/9/2021 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 2/16/2021. Replies due by 2/23/2021. (Attachments: # 1 Proposed Order)(Kenney, Mary) (Filed on 2/2/2021) (Entered: 02/02/2021)	Feb. 2, 2021	Feb. 2, 2021 PACER
65	ORDER by Judge Susan van Keulen granting 62 Stipulation Setting Summary Judgment Briefing Schedule. (svklc2S, COURT STAFF) (Filed on 2/11/2021) (Entered: 02/11/2021)	Feb. 11, 2021	Feb. 11, 2021 PACER
66	Consent MOTION for Extension of Time to File Briefing re Plaintiffs' Motion to Amend Certified Class Definition filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Press, Joshua) (Filed on 2/11/2021) (Entered: 02/11/2021)	Feb. 11, 2021	Feb. 11, 2021 PACER
67	ORDER by Judge Susan van Keulen granting 66 Motion for Extension of Time to File.The Motion Hearing on 3/9/21 at 10:00 am is off calendar; the Court will re-set if necessary. (jhfS, COURT STAFF) (Filed on 2/12/2021) (Entered: 02/12/2021)	Feb. 12, 2021	Feb. 12, 2021 PACER
68	Consent Administrative Motion to File Under Seal filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Attachments: # 1 Declaration of Joshua S. Press, # 2 Proposed Order, # 3 Exhibit 1 of 11, # 4 Exhibit 2 of 11, # 5 Exhibit 3 of 11, # 6 Exhibit 4 of 11, # 7 Exhibit 5 of 11, # 8 Exhibit 6 of 11, # 9 Exhibit 7 of 11, # 10 Exhibit 8 of 11, # 11 Exhibit 9 of 11, # 12 Exhibit 10 of 11, # 13 Exhibit 11 of 11)(Press, Joshua) (Filed on 2/18/2021) (Entered: 02/18/2021)	Feb. 18, 2021	Feb. 18, 2021 PACER
69	NOTICE by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services re 68 Consent Administrative Motion to File Under Seal of Service of CARs to Plaintiffs' Counsel (Press, Joshua) (Filed on 2/18/2021) (Entered: 02/18/2021)	Feb. 18, 2021	Feb. 18, 2021 PACER
70	MOTION for Summary Judgment filed by 2nd Street USA, Inc., Hanguang International Inc., MadKudu Inc., Quick Fitting Inc.. Motion Hearing set for 6/1/2021 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 4/16/2021. Replies due by 4/30/2021. (Attachments: # 1 Proposed Order, # 2 Exhibit Exh, A, AAO Decision, # 3 Exhibit Exh. B, CSC Decision)(Kenney, Mary) (Filed on 3/15/2021) (Entered: 03/15/2021)	March 15, 2021	March 15, 2021 PACER
71	Consent MOTION for Extension of Time to File MSJ Briefing filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Press, Joshua) (Filed on 4/2/2021) (Entered: 04/02/2021)	April 2, 2021	April 2, 2021 PACER
72	ORDER by Judge Susan van Keulen granting as modified 71 Motion for Extension of Time to File MSJ Briefing. Motion Hearing set for 6/15/2021 10:00 AM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen. (svklc2S, COURT STAFF) (Filed on 4/6/2021) (Entered: 04/06/2021)	April 6, 2021	April 6, 2021 PACER
73	STIPULATION WITH PROPOSED ORDER to Revise Briefing Schedule filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Kurlan, Elizabeth) (Filed on 4/30/2021) (Entered: 04/30/2021)	April 30, 2021	April 30, 2021 PACER
74	ORDER RE STIPULATION TO REVISE BRIEFING SCHEDULE by Judge Susan van Keulen granting as modified by the Court 73 Stipulation. Status Conference set for 6/8/2021 09:30 AM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen. This proceeding will be held via a Zoom webinar. Joint Status Report due by 6/1/2021.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/svk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded th at photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.(jhfS, COURT STAFF) (Filed on 4/30/2021) (Entered: 04/30/2021)	April 30, 2021	April 30, 2021 PACER
75	STATUS REPORT and Stipulation to an Additional Extension of Time for the Briefing Schedule by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Kurlan, Elizabeth) (Filed on 5/28/2021) (Entered: 05/28/2021)	May 28, 2021	May 28, 2021 PACER
76	ORDER granting 75 Stipulation to an Additional Extension of Time for the Briefing Schedule. Signed by Judge Susan van Keulen on 6/1/2021. (svklc2S, COURT STAFF) (Filed on 6/1/2021) (Entered: 06/01/2021)	June 1, 2021	June 1, 2021 PACER
77	CLERK'S NOTICE CONTINUANCE OF 6/8/21 STATUS CONFERENCE TO 7/13/21. Status Conference set for 7/13/2021 09:30 AM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen. This proceeding will be held via a Zoom webinar.Joint Status Report due by 7/6/2021.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov /svk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(jhfS, COURT STAFF) (Filed on 6/1/2021) (Entered: 06/01/2021)	June 1, 2021	June 1, 2021 PACER
	Clerk's Notice AND ~Util - Teleconference Zoom	June 1, 2021	June 1, 2021 PACER
	~Util - Teleconference Zoom AND Clerk's Notice	June 1, 2021	June 1, 2021 PACER
78	STIPULATION WITH PROPOSED ORDER re 76 Order filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Press, Joshua) (Filed on 6/21/2021) (Entered: 06/21/2021)	June 21, 2021	June 21, 2021 PACER
79	ORDER by Judge Susan van Keulen granting as modified by the Court 78 Stipulation to an Additional Extension of Time for the Briefing Schedule. Status Conference set for 7/27/2021 11:00 AM in San Jose, - To be determined before Magistrate Judge Susan van Keulen. (svklc2S, COURT STAFF) (Filed on 6/21/2021) (Entered: 06/21/2021)	June 21, 2021	June 21, 2021 PACER
80	STIPULATION WITH PROPOSED ORDER to an Additional Extension of Time For the Parties to Continue Settlement Discussions filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Kurlan, Elizabeth) (Filed on 7/6/2021) (Entered: 07/06/2021)	July 6, 2021	July 6, 2021 PACER
81	ORDER by Judge Susan van Keulen granting as modified by the Court 80 Stipulation to an Additional Extension of Time for the Briefing Schedule for the Parties to Continue Settlement Discussions. (svklc2S, COURT STAFF) (Filed on 7/13/2021) (Entered: 07/13/2021)	July 13, 2021	July 13, 2021 PACER
82	CLERK'S NOTICE ZOOM APPEARANCE INSTRUCTIONS FOR 7/27/21 11:00AM STATUS CONFERENCE This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/svk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographi ng, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https:// www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)</I (jhfS, COURT STAFF) (Filed on 7/13/2021) (Entered: 07/13/2021)	July 13, 2021	July 13, 2021 PACER
	~Util - Teleconference Zoom AND Clerk's Notice	July 13, 2021	July 13, 2021 PACER
83	Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Status Conference held on 7/27/2021 via Zoom.All parties appeared via Zoom.Matter is stayed. All pending dates are tolled. Parties are to file the motion for preliminary approval of class settlement no later than 8/20/2021. Total Time in Court: 11:00-11:05am (5 mins). Zoom Recording. Plaintiff Attorney: Mary Kenney. Defendant Attorney: Elizabeth Kurlan & Josh Press. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Date Filed: 7/27/2021) (Entered: 07/27/2021)	July 27, 2021	July 27, 2021 PACER
	Status Conference	July 27, 2021	July 27, 2021 PACER
84	ORDER by Judge Susan van Keulen granting 68 Administrative Motion to File Certified Administrative Record Under Seal. (svklc2S, COURT STAFF) (Filed on 8/3/2021) (Entered: 08/03/2021)	Aug. 3, 2021	Aug. 3, 2021 PACER
85	Joint MOTION for Settlement filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. Motion Hearing set for 9/28/2021 10:00 AM before Magistrate Judge Susan van Keulen. Responses due by 9/3/2021. Replies due by 9/10/2021. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Exhibit Proposed Notice, # 3 Proposed Order)(Kurlan, Elizabeth) (Filed on 8/20/2021) (Entered: 08/20/2021)	Aug. 20, 2021	Aug. 20, 2021 PACER
86	STIPULATION WITH PROPOSED ORDER re 83 Status Conference,, 64 First MOTION to Amend/Correct 59 Order on Motion to Certify Class with Points and Authorities filed by Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Kurlan, Elizabeth) (Filed on 8/20/2021) (Entered: 08/20/2021)	Aug. 20, 2021	Aug. 20, 2021 PACER

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Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Private Employment Class Actions

Post-WalMart decisions on class certification

Key Dates

Filing Date: April 16, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All U.S. employers who in 2019 through December 6, 2020 filed, or will file, a petition with USCIS for an H-1B classification under 8 U.S.C. § 1101(a)(15)(H)(i)(b) for a market research analyst where: USCIS denied or will deny the petition based on a finding that the OOH entry for market research analyst does not establish that the occupation is a specialty occupation, and thus does not satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(1); and But for this finding, the petition would be approved.

Plaintiff Type(s):

Private Plaintiff

Closely-held (for profit) corporation

Attorney Organizations:

American Immigration Lawyers Association (AILA)

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Citizenship and Immigration Services (- United States (national) -), Federal