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

Clearinghouse coding complete

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 P…

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.

Summary Authors

Jordan Schuler (11/21/2021)

People

For PACER's information on parties and their attorneys, 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)

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

2020 WL 5628968

Sept. 14, 2020

Sept. 14, 2020

Order/Opinion
59

5:20-cv-02653

Order Granting in Part Plaintiffs' Motion for Class Certification

2020 WL 7389419

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

Resources

Docket

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

Last updated June 1, 2022, 3 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

~Util - Case Assigned by Intake

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
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

Clerk's Notice re: Consent or Declination

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
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

~Util - Set Motion and Deadlines/Hearings

May 18, 2020

May 18, 2020

PACER

Clerk's Notice

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
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

~Util - Teleconference Zoom AND 1 - Terminate Hearings AND Clerk's Notice

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

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

~Util - Teleconference Zoom AND Clerk's Notice

June 1, 2021

June 1, 2021

PACER

Clerk's Notice AND ~Util - Teleconference Zoom

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

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):

Closely-held (for profit) corporation

Private Plaintiff

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

United States Citizenship and Immigration Services, Federal

Senior Official Performing the Duties of the Director, 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.

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 2021 - 2026

Content of Injunction:

Implement complaint/dispute resolution process

Issues

General:

Pattern or Practice

Immigration/Border:

Employment

Temporary foreign workers program

Visas - criteria

Visas - procedures

Work authorization - criteria

Work authorization - procedures