Case: Chintakuntla v. INS

3:99-cv-05211 | U.S. District Court for the Northern District of California

Filed Date: Dec. 8, 1999

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On December 8, 1999, plaintiffs filed a class action lawsuit in the U.S. District Court for the Northern District of California, challenging the INS denial of employment-based second preference (EB-2) immigrant visa petitions that were filed by U.S. employers and immigrants who sought to obtain work visas for immigrants with certain employment skills and experience. The issue in plaintiffs' complaint was the INS policy of denying EB-2 applications when form ETA 750 specified a Bachelor's degre…

On December 8, 1999, plaintiffs filed a class action lawsuit in the U.S. District Court for the Northern District of California, challenging the INS denial of employment-based second preference (EB-2) immigrant visa petitions that were filed by U.S. employers and immigrants who sought to obtain work visas for immigrants with certain employment skills and experience. The issue in plaintiffs' complaint was the INS policy of denying EB-2 applications when form ETA 750 specified a Bachelor's degree plus five years of "Progressive Experience" in lieu of a Master's degree.

Our information on the procedural history of this case is limited to the PACER docket, which does not contain document hyperlinks.

On March 20, 2000, the INS issued a Service Memorandum which provided guidance to INS Service Center adjudicators in their evaluation of EB-2 immigrant visa petitions.

Following the INS Service Memorandum, the District Court (Judge Maxine M. Chesney) entered judgment in favor of plaintiffs, granted provisional class certification and issued a preliminary injunction on May 4, 2000. Judge Chesney ordered the INS to permit some EB-2 immigrant visa petitioners to file untimely motions to reconsider the decisions in their cases in light of the March 20, 2000, Service Memorandum. Notice of the Court's order was published in the Federal Register, Vol. 65, No. 128 / Monday, July 3, 2000. (A copy is included as part of the documents for this case.)

Litigation on liability for plaintiffs' attorneys' fees followed until the parties settled the fee issue in January 2003, with defendants agreeing to pay $395,000.

We have no further information on this case.

Summary Authors

Erica Woodruff (8/7/2007)

People


Judge(s)

Chesney, Maxine M. (California)

Attorneys(s) for Plaintiff

Appleman, Jeff T. (California)

Leiden, Warren (California)

Surmaitiss, George P. (California)

Van Der Hout, Marc (California)

Attorneys(s) for Defendant

Burton, Jocelyn (California)

Judge(s)

Chesney, Maxine M. (California)

Attorneys(s) for Plaintiff

Appleman, Jeff T. (California)

Leiden, Warren (California)

Surmaitiss, George P. (California)

Van Der Hout, Marc (California)

Attorneys(s) for Defendant

Burton, Jocelyn (California)

Documents in the Clearinghouse

Document

3:99-cv-05211

Docket [PACER]

Aug. 20, 2003

Aug. 20, 2003

Docket

EB2 Class Action – Permanent Injunction Issued

No Court

May 4, 2000

May 4, 2000

Press Release

Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Notices

No Court

July 3, 2000

July 3, 2000

Statute/Ordinance/Regulation

Resources

Docket

Last updated Aug. 5, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Summons(es) issued; Fee status pd entered on 12/8/99 in the amount of $ 150.00 ( Receipt No. 3306427) [3:99−cv−05211] (nd, COURT STAFF) (Entered: 12/14/1999)

Dec. 8, 1999

Dec. 8, 1999

2

ORDER RE COURT PROCEDURE and SCHEDULE (ADR Multi−Option) by Mag. Judge Elizabeth D. Laporte : Proof of service to be filed by 1/24/00 ; counsels' case management statement to filed by 4/3/00 ; initial case management conference will held 10:00 4/11/00 . (cc: all counsel) [3:99−cv−05211] (nd, COURT STAFF) (Entered: 12/14/1999)

Dec. 8, 1999

Dec. 8, 1999

3

RETURN OF SERVICE executed upon defendant Dona Coultice on 12/13/99 by certified mail [3:99−cv−05211] (bug, COURT STAFF) (Entered: 12/29/1999)

Dec. 27, 1999

Dec. 27, 1999

4

RETURN OF SERVICE executed upon defendant INS on 12/9/99 [3:99−cv−05211] (bug, COURT STAFF) (Entered: 12/29/1999)

Dec. 27, 1999

Dec. 27, 1999

5

FIRST AMENDED COMPLAINT [1−1] by Plaintiff terminating defendant Dona Coultice; adding plaintiffs Amjad Khan, Rajasekhar Vonna, Shashaanka Agrawal, Sasibhushnan Kumar Yarlagadda, Wanchun Wang, and defendant Doris Meissner [3:99−cv−05211] (lmh, COURT STAFF) (Entered: 01/31/2000)

Jan. 31, 2000

Jan. 31, 2000

6

PROOF OF SERVICE by Plaintiffs of complaint [5−1] [3:99−cv−05211] (lmh, COURT STAFF) (Entered: 01/31/2000)

Jan. 31, 2000

Jan. 31, 2000

7

NOTICE OF CONSENT to proceed before magistrate judge by Plaintiffs. [3:99−cv−05211] (lmh, COURT STAFF) (Entered: 02/09/2000)

Feb. 3, 2000

Feb. 3, 2000

8

NOTICE re jurisdiction by defendant [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 11, 2000

Feb. 11, 2000

9

CLERK'S NOTICE of impending reassignment to a United States District Judge [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 14, 2000

Feb. 14, 2000

10

ORDER by Assignment Committee Case reassigned to Judge Maxine M. Chesney ( Date Entered: 2/25/00) (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 16, 2000

Feb. 16, 2000

21

ORDER RE COURT PROCEDURE and SCHEDULE by Judge Maxine M. Chesney : initial case management conference will be held 10:30 4/14/00 . (cc: all counsel) (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 18, 2000

Feb. 18, 2000

11

EX−PARTE APPLICATION before Judge Maxine M. Chesney by Plaintiff for temporary restraining order , for preliminary injunction [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

12

EX−PARTE APPLICATION before Judge Maxine M. Chesney by Plaintiff for order to show cause [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

13

MEMORANDUM by Plaintiff in support of motion for order to show cause [12−1], of motion for temporary restraining order [11−1], of motion for preliminary injunction [11−2] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

14

EX−PARTE APPLICATION before Judge Maxine M. Chesney by Plaintiff for provisional class certification [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

15

MEMORANDUM by Plaintiff in support of motion for provisional class certification [14−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

16

EXHIBITS re motion for provisional class certification [14−1], re motion for order to show cause [12−1], re motion for temporary restraining order [11−1], re motion for preliminary injunction [11−2] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

17

DECLARATION by Marc Van Der Hout on behalf of Plaintiff re notice to opposing party of exparte application for TRO, preliminary injunction, OSC and class certification [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

18

SUPPLEMENT by Plaintiff re declaration [17−1] of Marc Van Der Hout re notice to opposing party of exparte application [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

19

PROOF OF SERVICE by Plaintiff of dockets no. 11−18 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

20

SUPPLEMENT by Plaintiff re service [19−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

22

NOTICE of filing by Plaintiff corrected copy of memo in support of exparte application for TRO and Preliminary Injunction and OSC [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/02/2000)

Feb. 25, 2000

Feb. 25, 2000

23

Corrected MEMORANDUM by Plaintiff in support of motion for order to show cause [12−1], of motion for temporary restraining order [11−1], of motion for preliminary injunction [11−2] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/02/2000)

Feb. 25, 2000

Feb. 25, 2000

24

PROOF OF SERVICE by Plaintiff of dockets no. 22−23 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/02/2000)

Feb. 25, 2000

Feb. 25, 2000

26

ORDER TO SHOW CAUSE re why officers, agents, servants, employees and attorneys and those in active concert or participation with you or them should not be restrained and enjoined pending trial of this action: by Judge Maxine M. Chesney ; hearing set for 10:00 3/10/00 (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/02/2000)

Feb. 28, 2000

Feb. 28, 2000

25

STIPULATION and ORDER by Judge Maxine M. Chesney : extending time to answer first amended complaint 3/15/00 (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/02/2000)

Feb. 29, 2000

Feb. 29, 2000

27

RETURN OF SERVICE executed upon defendant INS, defendant Doris Meissner by certified mail on 2/28/00 by George Surmaitis ; original summons returned. [3:99−cv−05211] (lmh, COURT STAFF) (Entered: 03/03/2000)

Feb. 29, 2000

Feb. 29, 2000

28

OPPOSITION by defendant to request for a provisional class certification [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 2, 2000

March 2, 2000

29

OPPOSITION by defendant to motion for preliminary injunction [11−2] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 2, 2000

March 2, 2000

30

DECLARATION by Michael Cronin on behalf of defendant re opposition [29−1] to motion for a preliminary injunction [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 2, 2000

March 2, 2000

31

DECLARATION by Robert Yeargin on behalf of defendant re opposition [29−1] to motion for a preliminary injunction [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 2, 2000

March 2, 2000

32

APPLICATION by defendant to appear pro hac vice of Warren Leiden and George Surmaitis [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 2, 2000

March 2, 2000

33

DECLARATION by George Surmaitis on behalf of Plaintiff re application [32−1] to appear pro hac vice [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 2, 2000

March 2, 2000

34

DECLARATION by Warren Leiden on behalf of Plaintiff re application [32−1] to appear pro hac vice [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 2, 2000

March 2, 2000

35

PROOF OF SERVICE by Plaintiff of dockets no. 32−34 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 2, 2000

March 2, 2000

36

ORDER by Judge Maxine M. Chesney granting application [32−1] for attorney to appear pro hac vice − Warren Leiden and George Surmaitis ( Date Entered: 3/7/00) (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 3, 2000

March 3, 2000

37

BRIEF FILED by Plaintiff in reply to defendants brief in opposition to exparte application for TRO and preliminary injunction and OSC [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

38

BRIEF FILED by Plaintiff in reply to defendants' brief in opposition to exparte motion for provisional class certification [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

39

PROOF OF SERVICE by Plaintiff of dockets no. 37−38 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

41

SUPPLEMENTAL exhibits by Plaintiff in support of briefs in reply to defendants' opposition to plaintiffs' exparte application for TRO, Preliminary Injunction, OSC and for class certification [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/10/2000)

March 6, 2000

March 6, 2000

42

PROOF OF SERVICE by Plaintiff of supplemental exhibits [41−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/10/2000)

March 6, 2000

March 6, 2000

40

NOTICE of filing by Plaintiff of a corrected copy of plaintiffs' brief in reply to defendants' opposition to exparte application for a TRO [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/10/2000)

March 7, 2000

March 7, 2000

43

CORRECTED BRIEF FILED by Plaintiff in reply to defendants' brief in opposition to exparte application for TRO, Preliminary Injunction and OSC [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/10/2000)

March 7, 2000

March 7, 2000

44

PROOF OF SERVICE by Plaintiff of dockets no 40 & 43 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/10/2000)

March 7, 2000

March 7, 2000

46

MINUTES: ( C/R Jim Yeomans) ( Hearing Date: 3/10/00) setting hearing on motion for provisional class certification [14−1] 10:00 3/27/00, setting hearing on motion for order to show cause [12−1] 10:00 3/27/00, setting hearing on motion for temporary restraining order [11−1] 10:00 3/27/00, setting hearing on motion for preliminary injunction [11−2] 10:00 3/27/00 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/15/2000)

March 10, 2000

March 10, 2000

47

STIPULATION and ORDER by Judge Maxine M. Chesney: re TRO (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/15/2000)

March 10, 2000

March 10, 2000

48

STIPULATION and ORDER by Judge Maxine M. Chesney : extending time to answer first amended complaint to 4/14/00 (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/22/2000)

March 21, 2000

March 21, 2000

52

SUPPLEMENTAL filing by Plaintiff in support of motion for partial preliminary injunction [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/27/2000)

March 24, 2000

March 24, 2000

53

DECLARATION by Marc Van de Hout on behalf of Plaintiff in support of amended proposed partial preliminary injunction [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/27/2000)

March 24, 2000

March 24, 2000

54

PROOF OF SERVICE by Plaintiff of dockets no. 52−53 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/27/2000)

March 24, 2000

March 24, 2000

55

Supplemental STATUS REPORT by defendant [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/29/2000)

March 24, 2000

March 24, 2000

56

DECLARATION by Thomas Cook on behalf of defendant re report [55−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/29/2000)

March 24, 2000

March 24, 2000

57

Second DECLARATION by Robert Yeargin on behalf of defendant re report [55−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/29/2000)

March 24, 2000

March 24, 2000

58

SUPPLEMENT by Plaintiff re motion for preliminary injunction [11−2] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/29/2000)

March 24, 2000

March 24, 2000

49

BRIEF FILED by Plaintiff in opposition to defendants' supplemental status report and brief [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/27/2000)

March 27, 2000

March 27, 2000

50

SUPPLEMENTAL declaration of Marc Van de Hout by Plaintiff re class member Kinnal [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/27/2000)

March 27, 2000

March 27, 2000

51

PROOF OF SERVICE by Plaintiff of dockets no. 49−50 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/27/2000)

March 27, 2000

March 27, 2000

59

MINUTES: ( C/R Diane Skillman) ( Hearing Date: 3/27/00) setting hearing on motion for provisional class certification [14−1] 10:00 4/4/00, setting hearing on motion for temporary restraining order [11−1] 10:00 4/4/00, setting hearing on motion for preliminary injunction [11−2] 10:00 4/4/00; Case Management Conference set for 10:00 4/4/00 ; [3:99−cv−05211] (ab, COURT STAFF) (Entered: 03/29/2000)

March 27, 2000

March 27, 2000

61

STIPULATION and ORDER by Judge Maxine M. Chesney : re [14−1], re [11−1], re [11−2] The parties agree to hear on 5/4/00 10 a.m. or another date or time the Court deems appropriate (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 04/18/2000)

April 4, 2000

April 4, 2000

60

ORDER by Judge Maxine M. Chesney Case Management Conference set for 6/23/00 ( Date Entered: 4/13/00) (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 04/13/2000)

April 10, 2000

April 10, 2000

63

STIPULATION and ORDER by Judge Maxine M. Chesney : extending time to file proposed order. Hearing remains on calendar on 5/4/00 10 a.m. (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 05/09/2000)

May 2, 2000

May 2, 2000

64

JOINT SUBMISSION [3:99−cv−05211] (ab, COURT STAFF) (Entered: 05/09/2000)

May 2, 2000

May 2, 2000

65

MINUTES: ( C/R Dynele Simonov) ( Hearing Date: 5/4/00) granting motion for provisional class certification [14−1] and permanent injunction [3:99−cv−05211] (ab, COURT STAFF) (Entered: 05/09/2000)

May 4, 2000

May 4, 2000

66

NOTICE OF MOTION AND MOTION before Judge Maxine M. Chesney by Plaintiff for attorney fees and costs with Notice set for 9/29/00 9 a.m. [3:99−cv−05211] (ab, COURT STAFF) (Entered: 08/01/2000)

July 31, 2000

July 31, 2000

67

EXHIBITS re motion for attorney fees and costs [66−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 08/01/2000)

July 31, 2000

July 31, 2000

68

PROOF OF SERVICE by Plaintiff of dockets no. 66−67 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 08/01/2000)

July 31, 2000

July 31, 2000

69

STIPULATION and ORDER by Judge Maxine M. Chesney : setting hearing on motion for attorney fees and costs [66−1] 9:00 9/29/00; response due 8/23/00, reply due 9/12/00 (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

70

STIPULATION and ORDER by Judge Maxine M. Chesney : setting hearing on motion for attorney fees and costs [66−1] 9:00 11/17/00 (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 08/16/2000)

Aug. 15, 2000

Aug. 15, 2000

71

STIPULATION and ORDER by Judge Maxine M. Chesney : extending time for briefing on plaintiff's motion for attorney fees, defendants' opposition to plaintiff's motion shall be filed by 9/15/00 and plaintiff's reply shall be filed by 10/20/00 (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 09/13/2000)

Sept. 11, 2000

Sept. 11, 2000

72

OPPOSITION by defendant to motion for attorney fees and costs [66−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 09/18/2000)

Sept. 15, 2000

Sept. 15, 2000

73

DECLARATION by G. Michael Galvin on behalf of defendant re opposition [72−1] to motion for attorney's fees, costs and expenses [3:99−cv−05211] (ab, COURT STAFF) (Entered: 09/18/2000)

Sept. 15, 2000

Sept. 15, 2000

74

DECLARATION by A. Mark Hom on behalf of defendant re opposition [72−1] to motion for attorney's fees, costs and expenses [3:99−cv−05211] (ab, COURT STAFF) (Entered: 09/18/2000)

Sept. 15, 2000

Sept. 15, 2000

75

DECLARATION by Robert Yeargin on behalf of defendant re opposition [72−1] to motion for attorney's fees, costs and expenses [3:99−cv−05211] (ab, COURT STAFF) (Entered: 09/18/2000)

Sept. 15, 2000

Sept. 15, 2000

76

REPLY by Plaintiff re opposition [72−1] to motion for attorneys' fees and costs [3:99−cv−05211] (ab, COURT STAFF) (Entered: 10/24/2000)

Oct. 20, 2000

Oct. 20, 2000

77

DECLARATION by Marc Van Der Hout on behalf of Plaintiff [3:99−cv−05211] (ab, COURT STAFF) (Entered: 10/24/2000)

Oct. 20, 2000

Oct. 20, 2000

78

SUPPLEMENTAL by Plaintiff re declaration of Marc Van Der Hout [3:99−cv−05211] (ab, COURT STAFF) (Entered: 10/24/2000)

Oct. 20, 2000

Oct. 20, 2000

79

SUPPLEMENT by Plaintiff re declaration of Ronald Wada in support of plaintiff's motion for attorneys' fees and costs [3:99−cv−05211] (ab, COURT STAFF) (Entered: 10/24/2000)

Oct. 20, 2000

Oct. 20, 2000

80

DECLARATION by George Surmaitis on behalf of Plaintiff re motion for attorney fees and costs [66−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 10/24/2000)

Oct. 20, 2000

Oct. 20, 2000

81

DECLARATION by Robert Juceam on behalf of Plaintiff re motion for attorney fees and costs [66−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 10/24/2000)

Oct. 20, 2000

Oct. 20, 2000

82

PROOF OF SERVICE by Plaintiff of dockets no. 76−81 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 10/24/2000)

Oct. 20, 2000

Oct. 20, 2000

84

REPORTER'S TRANSCRIPT; Date of proceedings: 3/27/00 ( C/R: Diane Skillman) minutes [59−2] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 11/03/2000)

Nov. 2, 2000

Nov. 2, 2000

85

MINUTES: ( C/R Jeanne Bishop) ( Hearing Date: 11/17/00) referring to magistrate the motion for attorney fees and costs [66−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 11/22/2000)

Nov. 17, 2000

Nov. 17, 2000

REFERRAL: referring case for attys fees & costs to Mag. Judge Maria−Elena James [3:99−cv−05211] (wh, COURT STAFF) (Entered: 11/22/2000)

Nov. 22, 2000

Nov. 22, 2000

86

ORDER by Judge Maxine M. Chesney granting in part and denying in part motion for attorney fees and costs [66−1]; referring to Magistrate Judge remaining issues ( Date Entered: 11/29/00) (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 11/29/2000)

Nov. 28, 2000

Nov. 28, 2000

87

ORDER of Reference by Mag. Judge Maria−Elena James re [66−1] plaintiff shall file their application for attorneys' fees in accordance with Mag Judge James standing order (cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 12/01/2000)

Nov. 29, 2000

Nov. 29, 2000

88

STIPULATION and ORDER by Mag. Judge Maria−Elena James : re briefing schedule, plaintiff's application for attorneys' fees must be filed and served by 1/29/01, defendants reponse must be filed and served by 2/23/01, plaintiffs reply must be filed and served by 3/16/01(cc: all counsel) [3:99−cv−05211] (ab, COURT STAFF) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

89

PROOF OF SERVICE by Plaintiff of order [88−1] [3:99−cv−05211] (gba, COURT STAFF) (Entered: 01/12/2001)

Dec. 15, 2000

Dec. 15, 2000

90

SUPPLEMENT by Plaintiff re motion for attorney fees and costs [66−1] [3:99−cv−05211] (tl, COURT STAFF) (Entered: 01/31/2001)

Jan. 29, 2001

Jan. 29, 2001

91

EXHIBITS re [90−1] [3:99−cv−05211] (tl, COURT STAFF) (Entered: 01/31/2001)

Jan. 29, 2001

Jan. 29, 2001

92

MOTION before Judge Maxine M. Chesney by defendant to extend time to answer [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/14/2001)

Feb. 12, 2001

Feb. 12, 2001

93

DECLARATION by Nancy Friedman on behalf of defendant re motion to extend time to answer [92−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/14/2001)

Feb. 12, 2001

Feb. 12, 2001

94

PROOF OF SERVICE by defendant of dockets no. 92−93 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/14/2001)

Feb. 12, 2001

Feb. 12, 2001

95

OPPOSITION by Plaintiff to motion to extend time to answer [92−1] [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/21/2001)

Feb. 15, 2001

Feb. 15, 2001

96

DECLARATION by Marc Van Der Hout on behalf of Plaintiff re opposition [95−1] to defendants' motion to enlarge time for answering plaintiffs' filing [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/21/2001)

Feb. 15, 2001

Feb. 15, 2001

97

PROOF OF SERVICE by Plaintiff of dockets no. 95−96 [3:99−cv−05211] (ab, COURT STAFF) (Entered: 02/21/2001)

Feb. 15, 2001

Feb. 15, 2001

98

EXPARTE MOTION before Mag. Judge Maria−Elena James by defendant for leave to file supplemental declarations in support of motion to enlarge time [3:99−cv−05211] (gba, COURT STAFF) (Entered: 03/08/2001)

Feb. 16, 2001

Feb. 16, 2001

99

DECLARATION by Robert Yeargin on behalf of defendant in support of motion to extend time to answer [92−1] [3:99−cv−05211] (gba, COURT STAFF) (Entered: 03/08/2001)

Feb. 16, 2001

Feb. 16, 2001

100

SECOND DECLARATION by Nancy Friedman on behalf of defendant in support of motion to extend time to answer [92−1] [3:99−cv−05211] (gba, COURT STAFF) (Entered: 03/08/2001)

Feb. 16, 2001

Feb. 16, 2001

101

DECLARATION by Marc Van Der Hout on behalf of Plaintiff in support of opposition [95−1] [3:99−cv−05211] (gba, COURT STAFF) (Entered: 03/08/2001)

Feb. 21, 2001

Feb. 21, 2001

103

NOTICE by Plaintiff of filing [3:99−cv−05211] (gba, COURT STAFF) (Entered: 03/08/2001)

Feb. 23, 2001

Feb. 23, 2001

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 8, 1999

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Any noncitizen who is the beneficiary of an I-140 (EB-2) immigrant visa petition seeking to classify the noncitizen beneficiary as a member of the professions holding an advanced degree, or the equivalent, whose petition INS denied.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Immigration and Naturalization Service, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 395000

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Employment

Visas - criteria

Visas - procedures

Work authorization - criteria

Work authorization - procedures