Case: Iyengar v. Barnhart

1:02-cv-00825 | U.S. District Court for the District of Columbia

Filed Date: May 1, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On May 1, 2002, a group of aliens who were residing legally within the U.S. but were ineligible to work, brought suit in the U.S. District Court for the District of Columbia, challenging the Social Security Administration's (SSA) determination that it would no longer issue Social Security numbers to aliens for purposes of obtaining state driver's licenses. Plaintiffs alleged that the SSA's actions violated the Administrative Procedure Act, 5 U.S.C. § 553, in that the SSA dismissed its long-sta…

On May 1, 2002, a group of aliens who were residing legally within the U.S. but were ineligible to work, brought suit in the U.S. District Court for the District of Columbia, challenging the Social Security Administration's (SSA) determination that it would no longer issue Social Security numbers to aliens for purposes of obtaining state driver's licenses. Plaintiffs alleged that the SSA's actions violated the Administrative Procedure Act, 5 U.S.C. § 553, in that the SSA dismissed its long-standing regulatory interpretations without complying with the notice and comment provisions of the Act. Plaintiffs sought declaratory and injunctive relief, as well as class certification.

The SSA moved to dismiss the suit for lack of standing. Plaintiffs moved for summary judgment, preliminary injunctive relief, and class certification. The District Court (Judge Ellen S. Huvelle) granted Plaintiffs' motions in part and denied them in part, holding that: (1) the aliens had standing to bring the action; (2) the SSA's determination was subject to the APA's notice and comment requirements; and (3) Plaintiffs' requests for a preliminary injunction and class certification were denied. Iyengar v. Barnhart.233 F. Supp. 2d. 12. (D.C. 2002).

Shortly thereafter, the parties settled the case. As part of the settlement, the SSA agreed to pay Plaintiffs $50,000 in attorneys' fees.

On July 18, 2003, Eduardo Ovadio, who was not a member of the original lawsuit, filed a petition seeking to have the SSA held in contempt for refusing to issue him a SSN for a valid nonwork purpose. The District Court found that the petitioner lacked standing and denied his motion. Iyengar V. Barnhart, 281 F.Supp.2d 38 (D.D.C. 2003).

We have no further information on this case.

Summary Authors

Stephen Imm (8/23/2007)

People


Judge(s)

Garland, Merrick B. (District of Columbia)

Huvelle, Ellen Segal (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Hunt, Gaillard (Virginia)

Khanna, Rajiv Santosh (Virginia)

Attorneys(s) for Defendant

Howard, Roscoe (District of Columbia)

Khandelwal, Sharad S. (District of Columbia)

Lepley, Richard G (District of Columbia)

McCallum, Robert D. Jr. (District of Columbia)

Judge(s)

Garland, Merrick B. (District of Columbia)

Huvelle, Ellen Segal (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Hunt, Gaillard (Virginia)

Khanna, Rajiv Santosh (Virginia)

Attorneys(s) for Defendant

Howard, Roscoe (District of Columbia)

Khandelwal, Sharad S. (District of Columbia)

Lepley, Richard G (District of Columbia)

McCallum, Robert D. Jr. (District of Columbia)

Rivera, Karen A. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Aug. 18, 2003 Docket
25

Opinion

233 F.Supp.2d 5

Nov. 26, 2002 Order/Opinion
37

Order (Dismissal)

April 22, 2003 Settlement Agreement
47

Opinion

281 F.Supp.2d 38

Sept. 4, 2003 Order/Opinion

Order

Latham v. Vilsack

U. S. Court of Appeals for the District of Columbia Circuit

2012 WL 10236550

July 25, 2012 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by plaintiff SONALI IYENGAR (td) (Entered: 05/02/2002)

May 1, 2002

SUMMONS NOT ISSUED. (td) (Entered: 05/02/2002)

May 1, 2002

SUMMONS (7) issued to federal party(s) federal defendant JO ANNE B. BARNHART, federal defendant SOCIAL SECURITY ADM, Commissioner of Social Security serving: Namcy Grace, Social Security Administration General Law Division and Office Director and non-parties: U.S. Attorney and U.S. Attorney General. (td) (Entered: 05/07/2002)

May 7, 2002
2

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 5/13/02 upon federal defendants JO ANNE B. BARNHART, SOCIAL SECURITY ADM (Washington, DC.) (bcs) Modified on 06/06/2002 (Entered: 06/06/2002)

May 31, 2002
3

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 5/10/02 upon federal defendant SOCIAL SECURITY ADM (General Division, Baltimore, Md.) (bcs) Modified on 06/06/2002 (Entered: 06/06/2002)

May 31, 2002
4

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed upon U.S. Attorney on 5/13/02 (bcs) (Entered: 06/06/2002)

May 31, 2002
5

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on upon federal defendant SOCIAL SECURITY ADM (Nancy Grace, Baltimore, MD.) (bcs) (Entered: 06/06/2002)

May 31, 2002
6

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed upon U.S. Attorney General on 5/13/02 (bcs) (Entered: 06/06/2002)

May 31, 2002
7

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 5/15/02 upon federal defendant SOCIAL SECURITY ADM; (Office fo the director, Chicago, IL.) (bcs) (Entered: 06/06/2002)

May 31, 2002
8

ATTORNEY APPEARANCE for federal defendants JO ANNE B. BARNHART, SOCIAL SECURITY ADM by Sharad S. Khandelwal (bcs) (Entered: 06/19/2002)

June 17, 2002
9

ATTORNEY APPEARANCE for plaintiff SONALI IYENGAR by Rajiv Santosh Khanna (td) (Entered: 07/03/2002)

July 2, 2002
10

AMENDED COMPLAINT by plaintiff SONALI IYENGAR adding plaintiff GEETA CHAURASIA, SOPANA DASARI, PRATHIBHA GUDUGUNTLA, SUDHSHREE KOTA, NAJIA F. SHEIKH, LOHITHA V.A. TUNUGUNPLA, MPOPO TSHIDI LESELE, and amending complaint [1-1] .; jury demand (td) (Entered: 07/16/2002)

July 12, 2002
11

ORDER by Judge Paul L. Friedman : extending time to 8/23/02 to answer amended complaint [10-1] Answer extended to 8/23/02 for SOCIAL SECURITY ADM, for JO ANNE B. BARNHART plaintiffs' opposition due 9/6/02; defendants' reply due 9/20/02 (N) (bm) (Entered: 07/26/2002)

July 26, 2002
13

MOTION filed by federal defendant JO ANNE B. BARNHART, federal defendant SOCIAL SECURITY ADM to dismiss with prejudice counts I, II, and III of amended complaint and to strike jury demand [10-1] ; attachments (5) (td) (Entered: 08/26/2002)

Aug. 23, 2002
14

MOTION filed by plaintiffs to certify class action and for maintenance of a class action (mpt) (Entered: 09/09/2002)

Sept. 6, 2002
15

MOTION filed by plaintiffs for preliminary injunction ; affidavits (10) (mpt) (Entered: 09/09/2002)

Sept. 6, 2002
16

RESPONSE by plaintiffs in opposition to motion to dismiss with prejudice counts I, II, and III of amended complaint and to strike jury demand [10-1] [13-1] by SOCIAL SECURITY ADM, JO ANNE B. BARNHART . (mpt) (Entered: 09/09/2002)

Sept. 6, 2002
17

JOINT MOTION by plaintiffs, federal defendants for an enlargement of time pertaining to the briefing schedule (cdw) (Entered: 09/16/2002)

Sept. 13, 2002
18

MOTION filed by plaintiffs for summary judgment ; attachment (1) (td) Modified on 09/17/2002 (Entered: 09/17/2002)

Sept. 13, 2002
19

ORDER by Judge Paul L. Friedman : granting joint motion for an enlargement of time pertaining to the briefing schedule [17-1] by plaintiffs, federal defendant, defendants' response to motions for preliminary injunction, for class certification and for summary judgment due 10/4/02; defendants' reply to motions to dismiss and to strike due by 10/4/02; plaintiffs' reply to motions for preliminary injunction, for class certification and for summary judgment due by 10/18/02 (N) (bm) (Entered: 09/18/2002)

Sept. 18, 2002
20

MEMORANDUM by federal defendant JO ANNE B. BARNHART, federal defendant SOCIAL SECURITY ADM in opposition to motion for summary judgment [18-1] by plaintiffs, and motion for preliminary injunction [15-1] by plaintiffs; declaration (1); attachments (11) (td) Modified on 10/07/2002 (Entered: 10/07/2002)

Oct. 4, 2002
21

MEMORANDUM by federal defendant JO ANNE B. BARNHART, federal defendant SOCIAL SECURITY ADM in support of motion to dismiss and to strike [10-1] [13-1]; attachment (1) (td) (Entered: 10/07/2002)

Oct. 4, 2002
22

MEMORANDUM by federal defendant JO ANNE B. BARNHART, federal defendant SOCIAL SECURITY ADM in opposition to motion to certify class [14-1] by plaintiffs (td) (Entered: 10/07/2002)

Oct. 4, 2002
24

REPLY by plaintiffs in support of motion for summary judgment [18-1], motion for preliminary injunction [15-1], motion to certify class action and for maintenance of a class action [14-1] by plaintiffs (cdw) (Entered: 10/22/2002)

Oct. 18, 2002

CASE REASSIGNED from Judge Paul L. Friedman to Judge Ellen S. Huvelle (nmr) (Entered: 11/05/2002)

Nov. 4, 2002
25

MEMORANDUM OPINION by Judge Ellen S. Huvelle (N) (gdf) (Entered: 11/26/2002)

Nov. 16, 2002
26

ORDER by Judge Ellen S. Huvelle : granting in part, denying in part motion for summary judgment [18-1], denying as moot motion for preliminary injunction [15-1] by plaintiffs, denying as moot motion to certify class action and for maintenance of a class action [14-1] by plaintiffs, granting motion to dismiss with prejudice counts I, II, and III of amended complaint and to strike jury demand [10-1] [13-1] by SOCIAL SECURITY ADM, JO ANNE B. BARNHART; Complaint is dismissed (N) (gdf) (Entered: 11/26/2002)

Nov. 26, 2002
27

MOTION filed by plaintiffs for attorney fees and other expenses against SOCIAL SECURITY ADM ; Affidavits (3); Attachments (2) (nmr) (Entered: 12/11/2002)

Dec. 10, 2002
28

JOINT MOTION by plaintiff, federal defendant to extend time pertaining to plaintiff's motion for counsel fees so they may continue effort to settle (mpt) (Entered: 12/23/2002)

Dec. 20, 2002
29

ORDER by Judge Ellen S. Huvelle : granting joint motion to extend time pertaining to plaintiff's motion for counsel fees so they may continue effort to settle [28-1] by JO ANNE B. BARNHART, SONALI IYENGAR response to motion(s) due by 1/31/03 ; (N) (gdf) (Entered: 01/02/2003)

Dec. 31, 2002
30

MOTION filed by federal defendants to enlargement of time pertaining to plaintiffs' motion for counsel fees (rje) (Entered: 01/29/2003)

Jan. 28, 2003
31

ORDER by Judge Ellen S. Huvelle: granting motion to enlargement of time pertaining to plaintiffs' motion for counsel fees [30-1] by SOCIAL SECURITY ADM, JO ANNE B. BARNHART response to motion(s) due by 2/28/03 ; (N) (gdf) (Entered: 02/10/2003)

Feb. 7, 2003
32

MOTION filed by federal defendant JO ANNE B. BARNHART, federal defendant SOCIAL SECURITY ADM to extend time to 3/28/03 to respond to plaintiffs' motion to compel fees (nmr) (Entered: 02/28/2003)

Feb. 27, 2003
33

ORDER by Judge Ellen S. Huvelle: granting motion to extend time to 3/28/03 to respond to plaintiffs' motion to compel fees [32-1] by SOCIAL SECURITY ADM, JO ANNE B. BARNHART (N) (gdf) (Entered: 02/28/2003)

Feb. 28, 2003
34

MOTION filed by federal defendant JO ANNE B. BARNHART, federal defendant SOCIAL SECURITY ADM to extend time to 4/18/03 to respond to plaintiff's motion for counsel fees (nmr) (Entered: 03/31/2003)

March 28, 2003
36

STIPULATED ORDER by Judge Ellen S. Huvelle : withdrawing by plaintiffs motion for attorney fees and other expenses against SOCIAL SECURITY ADM [27-1] for settlement , dismissal (N) (gdf) (Entered: 04/17/2003)

April 7, 2003
37

STIPULATED ORDER by Judge Ellen S. Huvelle: of settlement agreement , order of dismissal [1-1] (N) (gdf) (Entered: 04/23/2003)

April 22, 2003
38

JOINT MOTION by plaintiffs, federal defendants to vacate duplicate order dated 4/22/03 (nmr) (Entered: 05/20/2003)

May 19, 2003
39

ORDER by Judge Ellen S. Huvelle: granting joint motion to vacate duplicate order dated 4/22/03, witout prejudice to the Order dated April 4, 2003, and filed April 7, 2003, at Docket No. 36 which remains in full force and effect [38-1] by plaintiffs, federal defendant, plaintiff (N) (gdf) (Entered: 05/21/2003)

May 20, 2003
40

MOTION filed by plaintiff SONALI IYENGAR for judgment for specific acts , and for order of contempt citations against defendants ; Exhibits (11) (nmr) (Entered: 07/21/2003)

July 18, 2003
41

MOTION (UNOPPOSED) filed by federal defendant JO ANNE B. BARNHART, federal defendant SOCIAL SECURITY ADM to extend time to 8/11/03 to respond to plaintiff's petition for judgment for specific acts and issuance of contempt citations against defendants (bjsp) (Entered: 07/24/2003)

July 22, 2003
42

SUBSTITUTION OF COUNSEL for federal defendant JO ANNE B. BARNHART, federal defendant SOCIAL SECURITY ADM , substituting Karen A. Rivera for attorney Sharad S. Khandelwal for SOCIAL SECURITY ADM, attorney Sharad S. Khandelwal for JO ANNE B. BARNHART (bjsp) (Entered: 07/24/2003)

July 22, 2003
43

ORDER by Judge Ellen S. Huvelle : granting motion to extend time to 8/11/03 to respond to plaintiff's petition for judgment for specific acts and issuance of contempt citations against defendants [41-1] by SOCIAL SECURITY ADM, JO ANNE B. BARNHART (N) (gdf) (Entered: 07/28/2003)

July 28, 2003
44

RESPONSE by federal defendant JO ANNE B. BARNHART, federal defendant SOCIAL SECURITY ADM in opposition to motion for judgment for specific acts [40-1] by SONALI IYENGAR, motion for order of contempt citations against defendants [40-2] by SONALI IYENGAR; Exhibits (5). (nmr) (Entered: 08/12/2003)

Aug. 11, 2003
45

MOTION filed by plaintiffs to extend time to 8/29/03 to reply to defendants' filing (nmr) (Entered: 08/15/2003)

Aug. 14, 2003
46

ORDER by Judge Ellen S. Huvelle: granting motion to extend time to 8/29/03 to reply to defendants' filing [45-1] by plaintiffs reply to motion(s) due by 8/29/03 (N) (gdf) (Entered: 08/18/2003)

Aug. 18, 2003

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 1, 2002

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several aliens who resided legally in the United States but who were not eligible to work in the country were denied Social Security Numbers, preventing them from applying for drivers licenses

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Social Security Administration, Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Work authorization - procedures