Jian Zhang v. Kirstjen Nielsen, et al
| Jian Zhang |
| United States Department of Homeland Security, Lee Francis Cissna, Julia Harrison, Tracy Renaud, United States Citizenship & Immigration Services (USCIS), Daniel M Renaud, Kirstjen NIELSEN, United States Citizenship and Immigration Services and Daniel M. Renaud |
| 2:2018cv09799 |
| November 21, 2018 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| John F Walter |
| Other Immigration Actions |
| 08 U.S.C. § 1329 Writ of Mandamus to Adjudicate Visa Petition |
| None |
Docket Report
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This docket was last retrieved on October 21, 2019. A more recent docket listing may be available from PACER.
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| Filing 55 JUDGMENT #54 by Judge John F. Walter. The Court hereby enters judgment in favor of defendants and against plaintiff as to this matter. The Clerk of Court shall close the file. (MD JS-6, Case Terminated). (iv) |
| Filing 54 NOTICE OF LODGING filed Proposed Judgment re Order on Motion for Summary Judgment,,,,, #53 (Attachments: #1 Proposed Order and Judgment)(Press, Joshua) |
Filing 53
MINUTES (IN CHAMBERS) ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. 56 [filed 9/3/19; Docket No. #33 ]; and ORDER GRANTING DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT [filed 9/3/19; Docket No. #34 ] by Judge John F. Walter. Plaintiff's Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56 is DENIED, and Defendants' Cross-Motion for Summary Judgment is GRANTED. The parties shall lodge the joint proposed Judgment with the Court on or before October 21, 2019. (iv)
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Filing 52
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. 56 [filed 9/3/19; Docket No. #33 ]; and ORDER TAKING UNDER SUBMISSION DEFENDANTS'CROSS-MOTION FOR SUMMARY JUDGMENT [filed 9/3/19; Docket No. #34 ] by Judge John F. Walter. The Court finds that these matters are appropriate for decision without oral argument. The hearing calendared for October 7, 2019 is hereby vacated and the matters are taken off calendar. The matters will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
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| Filing 51 NOTICE OF LODGING filed Proposed Statement of Decision re NOTICE OF MOTION AND MOTION for Summary Judgment #33 (Attachments: #1 Proposed Order And Proposed Statement of Decision)(Zhang, Meixuan) |
| Filing 50 STATEMENT of Decision NOTICE OF MOTION AND MOTION for Summary Judgment #33 filed by Plaintiff Jian Zhang. (Zhang, Meixuan) |
| Filing 49 RESPONSE filed by Plaintiff Jian Zhangto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #43 (Zhang, Meixuan) |
| Filing 48 RESPONSE filed by Plaintiff Jian Zhangto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #44 (Zhang, Meixuan) |
| Filing 47 NOTICE OF LODGING filed of Proposed Statement of Decision re Cross NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff's Complaint #34 (Attachments: #1 Proposed Order and Statement of Decision)(Press, Joshua) |
| Filing 46 RESPONSE filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Securityto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #44 (Press, Joshua) |
| Filing 45 RESPONSE filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Securityto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #43 (Press, Joshua) |
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Filing 44
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY COUNSEL SHOULD NOT BE SANCTIONED FOR FAILURE TO FILE A NOTICE OF RELATED CASES by Judge John F. Walter. Both parties are ordered to show cause, in writing, no later than September 30, 2019 why the Court should not impose sanctions in the amount of $1,500.00 against lead counsel for failure to file a Notice of Related Case as required by Local Rule 83-1.3.1. Failure to respond to the Order to Show Cause will result in the imposition of monetary sanctions. (iv)
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Filing 43
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE SANCTIONS by Judge John F. Walter. Counsel for the parties are ordered to show cause in writing by September 30, 2019 why they should not each be sanctioned in the amount of $1,500.00 for violating the Court's Standing Order and the Court's Scheduling and Case Management Order. Failure to respond to the Order to Show Cause will result in the imposition of sanctions. In addition, the parties shall file the required proposed Statements of Decision on or before September 30, 2019. (iv)
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| Filing 42 REPLY In Support NOTICE OF MOTION AND MOTION for Summary Judgment #33 filed by Plaintiff Jian Zhang. (Zhang, Meixuan) |
| Filing 41 REPLY in Support of Cross NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff's Complaint #34 filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Press, Joshua) |
| Filing 40 SEALED DOCUMENT re Order on Motion for Leave to File Document #35 , Joint APPLICATION for Leave to file Certified Administrative Record Manually Under Seal #32 , Notice (Other), #31 filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: #1 Unredacted Document CAR Part 1 of 15, #2 Unredacted Document CAR Part 2 of 15, #3 Unredacted Document CAR Part 3 of 15, #4 Unredacted Document CAR Part 4 of 15, #5 Unredacted Document CAR Part 5 of 15, #6 Unredacted Document CAR Part 6 of 15, #7 Unredacted Document CAR Part 7 of 15, #8 Unredacted Document CAR Part 8 of 15, #9 Unredacted Document CAR Part 9 of 15, #10 Unredacted Document CAR Part 10 of 15, #11 Unredacted Document CAR Part 11 of 15, #12 Unredacted Document CAR Part 12 of 15, #13 Unredacted Document CAR Part 13 of 15, #14 Unredacted Document CAR Part 14 of 15, #15 Unredacted Document CAR Part 15 of 15)(Press, Joshua) |
| Filing 39 STATEMENT OF GENUINE DISPUTES OF MATERIAL FACT IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO LOCAL RULE 56-2 filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security re: NOTICE OF MOTION AND MOTION for Summary Judgment #33 . (Press, Joshua) |
| Filing 38 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment #33 filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Press, Joshua) |
| Filing 37 STATEMENT of GENUINE DISPUTES IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT PURSUANT TO LOCAL RULE 56-2 Cross NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff's Complaint #34 filed by Plaintiff Jian Zhang. (Zhang, Meixuan) |
| Filing 36 MEMORANDUM in Opposition to Cross NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff's Complaint #34 filed by Plaintiff Jian Zhang. (Zhang, Meixuan) |
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Filing 35
ORDER #32 by Judge John F. Walter. The Court GRANTS the Parties' Joint Application to File the Certified Administrative Record under seal without redaction. (iv)
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| Filing 34 Cross NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff's Complaint filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security. Motion set for hearing on 10/7/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Supplement Statement of Uncontroverted Facts and Conclusions of Law, #2 Proposed Order) (Press, Joshua) |
| Filing 33 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Jian Zhang. Motion set for hearing on 10/7/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum, #2 Memorandum, #3 Proposed Order) (Zhang, Meixuan) |
| Filing 32 Joint APPLICATION for Leave to file Certified Administrative Record Manually Under Seal filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: #1 Declaration of Joshua S. Press, #2 Proposed Order) (Press, Joshua) |
| Filing 31 NOTICE filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security. re Delivery of CAR to Plaintiff (Press, Joshua) |
| Filing 30 STATEMENT re Local Rule 7-3 and Conference of Counsel re Cross-Motions for Summary Judgment Schedule filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security (JOINT) (Press, Joshua) |
| Filing 29 Text Entry Order: Plaintiffs Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56 filed on July 26, 2019 (Docket No. #25 ) is STRICKEN for failure to comply with Local Rule 7-3 which requires the conference of counsel to take place at least seven days prior to the filing of the Motion and paragraph 5(b) of the Court's Standing Order which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. If Plaintiff wishes to re-file the Motion, lead counsel shall meet and confer in person by August 5, 2019. If the parties cannot resolve the issues raised in the Motion, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a Motion remains necessary, it shall not be filed until 2 days after each party files the declaration required by this Order.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 28 MEDIATION REPORT Filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security: Mediation held on July 23, 2019. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Press, Joshua) |
| Filing 27 EXHIBIT 5-9 to NOTICE OF MOTION AND MOTION for Summary Judgment #25 filed by Plaintiff Jian Zhang. (Zhang, Meixuan) |
| Filing 26 EXHIBIT 1-4 to NOTICE OF MOTION AND MOTION for Summary Judgment #25 filed by Plaintiff Jian Zhang. (Zhang, Meixuan) |
| Filing 25 *stricken* NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Jian Zhang. Motion set for hearing on 9/9/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum, #2 Memorandum, #3 Proposed Order) (Zhang, Meixuan) Modified on 7/29/2019 (sr). |
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Filing 24
ORDER #23 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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| Filing 23 Joint STIPULATION for Order Change of ADR Procedure filed by Plaintiff Jian Zhang. (Attachments: #1 Proposed Order)(Zhang, Meixuan) |
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Filing 22
ORDER #21 by Judge John F. Walter. The parties are given until July 24, 2019 to participate in the ADR process and file joint report on July 29, 2019. (iv)
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| Filing 21 NOTICE OF MOTION AND MOTION for Extension of Time to File ADR PROCESS COMPLIANCE filed by Plaintiff Jian Zhang. (Attachments: #1 Exhibit) (Zhang, Meixuan) |
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Filing 20
ORDER DENIED #19 by Judge John F. Walter. The Court DENIED the parties' joint request and exempts this case from the Alternative Dispute Resolution process. (lom)
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| Filing 19 Joint STIPULATION for Relief from ADR Process re Order/Referral to ADR (No 3) (Private Mediator) (ADR-12),,,, Terminate Hearings,,, #17 filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: #1 Proposed Order)(Press, Joshua) |
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Filing 18
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Court Trial set for 10/22/2019 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 17
ORDER VACATING SCHEDULING CONFERENCE AND REFERRAL TO ADR / PRIVATE MEDIATION by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on June 3, 2019 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: June 24, 2019. The Joint Report re: Results of Settlement Conference due on: June 28, 2019. (iv)
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| Filing 16 26(f) REPORT filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Press, Joshua) |
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Filing 15
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for June 3, 2019 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before May 20, 2019. (iv)
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| Filing 14 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security.(Press, Joshua) |
| Filing 13 DECLARATION of Joshua S. Press re Compliance with Local Rules Re Electronic Filings filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Press, Joshua) |
| Filing 12 NOTICE of Appearance filed by attorney Joshua Samuel Press on behalf of Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security (Attorney Joshua Samuel Press added to party Lee Francis Cissna(pty:dft), Attorney Joshua Samuel Press added to party Julia Harrison(pty:dft), Attorney Joshua Samuel Press added to party Kirstjen Nielsen(pty:dft), Attorney Joshua Samuel Press added to party Daniel M. Renaud(pty:dft), Attorney Joshua Samuel Press added to party Tracy Renaud(pty:dft), Attorney Joshua Samuel Press added to party United States Citizenship and Immigration Services(pty:dft), Attorney Joshua Samuel Press added to party United States Department of Homeland Security(pty:dft))(Press, Joshua) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) #1 filed by defendants Julia Harrison, Lee Francis Cissna, United States Department of Homeland Security, Kirstjen Nielsen, United States Citizenship and Immigration Services, Tracy Renaud, Daniel M. Renaud.(Han, Chung) |
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Filing 10
ORDER DENYING STAYING THE ENTIRE CASE DUE TO THE LAPSE OF APPROPRIATIONS #9 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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| Filing 9 EX PARTE APPLICATION to Stay Case , Declaration of David M. Harris filed by Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: #1 Proposed Order Staying the Entire Case Due to the Lapse of Appropriations) (Attorney Chung Hae Han added to party Lee Francis Cissna(pty:dft), Attorney Chung Hae Han added to party Julia Harrison(pty:dft), Attorney Chung Hae Han added to party Kirstjen Nielsen(pty:dft), Attorney Chung Hae Han added to party Daniel M. Renaud(pty:dft), Attorney Chung Hae Han added to party Tracy Renaud(pty:dft), Attorney Chung Hae Han added to party United States Citizenship and Immigration Services(pty:dft), Attorney Chung Hae Han added to party United States Department of Homeland Security(pty:dft)) (Han, Chung) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Jian Zhang, upon Defendant All Defendants. Service of the Summons and Complaint were Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Zhang, Meixuan) |
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Filing 7
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 6 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Lee Francis Cissna, Julia Harrison, Kirstjen Nielsen, Daniel M. Renaud, Tracy Renaud, United States Citizenship and Immigration Services, United States Department of Homeland Security. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Jean P. Rosenbluth. (lh) |
| Filing 4 CIVIL COVER SHEET filed by Plaintiff Jian Zhang. (Zhang, Meixuan) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Jian Zhang, (Zhang, Meixuan) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jian Zhang. (Zhang, Meixuan) |
| Filing 1 COMPLAINT Receipt No: 0973-22779263 - Fee: $400, filed by Plaintiff Jian Zhang. (Attorney Meixuan Zhang added to party Jian Zhang(pty:pla))(Zhang, Meixuan) |
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