David Wong et al v. Joseph Robinette Biden Jr. et al
| David Wong, James Potter, United Headquarters of China Democracy Party and Voice of Immigrants |
| Joseph Robinette Biden, Jr., Merrick Garland and Alejandro Mayorkas |
| 2:2023cv03653 |
| May 12, 2023 |
| US District Court for the Central District of California |
| Alka Sagar |
| Mark C Scarsi |
| Other Immigration Actions |
| 08 U.S.C. § 1329 Writ of Mandamus to Adjudicate Visa Petition |
| None |
Docket Report
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| Filing 24 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: REPRESENTATION.This is an action for declaratory and injunctive relief from an immigration ruleissued by the Department of Homeland Security and Department of Justice. The Court observed that " [t]he identity of the plaintiffs to this lawsuit is not clear on this record"; the Complaint identifies United Headquarters of China Democracy Party and Voice of Immigrants as the plaintiffs to this action, but the Civil Cover Sheet and the Certification and Notice of Interested Parties identify David Wong and James Potter as the plaintiffs. Since then, attorney Guodi Sun attempted on several occasions to associate himself as counsel for plaintiffs, but his filings suffered from several defects noted by the Clerk. Accordingly, the Court directs the Clerk to add United Headquarters of China Democracy Party and Voice of Immigrants as plaintiffs and terminate David Wong and James Potter as plaintiffs in the CM/ECF record. Due to CM/ECF limitations, the short case caption will remain Wong v. Biden in the electronic record.The Court approves Sun's representation of United Headquarters of ChinaDemocracy Party and Voice of Immigrants. The Court directs the Clerk to add thefollowing contact information for United Headquarters of China Democracy Partyand Voice of Immigrants to the electronic record: Guodi Sun; Guodi Sun & Associates (see document for full information). The order to show cause is discharged. However, the Court notes that amended summonses may be required in order to effect service. See Fed. Rs. Civ. P. 4(a), (c), 12(b)(4). The Court also authorizes United Headquarters of China Democracy Party and Voice of Immigrants to file an amended complaint clarifying the caption, parties,and allegations. If this Order is inconsistent with the intent of the plaintiffs, Sun, Wong, or Potter must file a motion for relief from this Order within 14 days. Sun shall serve this Order on Wong and Potter forthwith and file proof of service. (lc) |
| Filing 23 First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney James Potter filed by Plaintiff James Potter. (Attachments: #1 Proposed Order) (Sun, Guodi) |
| Filing 22 First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney David Wong filed by Plaintiff David Wong. (Attachments: #1 Proposed Order) (Sun, Guodi) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Miscellaneous Document #18 , Miscellaneous Document #19 , Miscellaneous Document #20 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request: Substitute Attorney (G-01). Proposed document was not submitted or was not submitted as a separate attachment. Filer is advised to review e-filing requires re correct events. Filer using incorrect events and "texting" over but docket still reflects errors. All 3 documents were Request: Substitute Attorney forms which should have been the MAIN document, to which the corresponding proposed order form (G-01) should have been submitted as their respective attachments thereto. Other error(s) with document(s): 1) NO. 18...NOT a response, but the G01 application for party David Wong, but MISSING proposed order form-G01 attached.; 2) no. 19 was proposed order as main document with application as attachment re party David Wong; 3) no. 20 was proposed order as main document with application as attachment re party James Potter. Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) Modified on 6/12/2023 (lc). |
| Filing 20 (Attachments: #1 Signed Application)(Sun, Guodi) |
| Filing 19 (Attachments: #1 Signed Application)(Sun, Guodi) |
| Filing 18 re: Response By Court to Notice of Deficiencies (G-112B) - optional html form, #17 (Sun, Guodi) |
| Filing 17 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney James Potter #15 and First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney David Wong #14 by Judge Mark C. Scarsi. The documents are stricken. (smo) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney James Potter #15 , First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney David Wong #14 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Resubmitted Request to substitute attorney. However the proposed order is filed with the request as 1 Pdf docment and not as a Separate attachment per local rules. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 15 (STRICKEN PER 6/8/2023 COURT'S G112B RESPONSE DOCKET NO. 17).First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney James Potter filed by Plaintiff James Potter. (Sun, Guodi) Modified on 6/12/2023 (lc). |
| Filing 14 (STRICKEN PER 6/8/2023 COURT'S G112B RESPONSE DOCKET NO. 17).First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney David Wong filed by Plaintiff David Wong. (Sun, Guodi) Modified on 6/12/2023 (lc). |
| Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney James Potter, pro se #11 and First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney David Wong pro se #10 by Judge Mark C. Scarsi. The document is stricken. (smo) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney James Potter, pro se #11 , First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney David Wong pro se #10 . The following error(s) was/were found: Incorrect document is attached to the docket entry. Proposed document was not submitted or was not submitted as a separate attachment. 1) MISSING COMPLETED AND SIGNED FORMAL REQUEST TO SUBSTITUTE ATTORNEY FORM (G-01). 2) The filing is ONLY the proposed order form and is also INCOMPLETE as to names of parties on first line...blank. 3) It appears upon filing, attorney removed pro se filer's address before order was issued and now Missing on case docket. Other error(s) with document(s): Obtain the appropriate (G-01) forms at court's website.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 11 First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney James Potter, pro se filed by Plaintiff James Potter. (Attorney Guodi Sun added to party James Potter(pty:pla)) (Sun, Guodi) |
| Filing 10 First REQUEST TO SUBSTITUTE ATTORNEY Guodi Sun in place of attorney David Wong pro se filed by Plaintiff David Wong. (Attorney Guodi Sun added to party David Wong(pty:pla)) (Sun, Guodi) |
Filing 8
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER TO SHOW CAUSE RE REPRESENTATION. This is an action for declaratory and injunctive relief from an immigration rule issued by the Department of Homeland Security and Department of Justice. The identity of the plaintiffs to this lawsuit is not clear on thisrecord (SEE DOCUMENT FOR SPECIFICS). Accordingly, the Court orders the plaintiffs, whoever they are, to show cause why the claims of United Headquarters of China Democracy Party and Voice of Immigrantsthat is, the entire Complaint, which offers facts about and claims by those organizations onlyshould not be dismissed without prejudice because Wong and Potter have no authority to appear pro se on behalf of their organizations. Plaintiffs shall file one of the following written responses within 14 days: (1) a notice of association of counsel identifying the attorney(s) who will represent each organization; (2) an amended complaint naming Wong and Potter as the plaintiffs and alleging facts about their standing to bring this lawsuit; or (3) a written response addressing the issues identified in this Order. Failure to file a timely response will result in dismissal without prejudice without further notice. (lc)
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| Filing 7 TEXT ONLY (IN CHAMBERS) NOTICE TO PRO SE LITIGANTS by Judge Mark C. Scarsi: Although Plaintiff is proceeding pro se, i.e., without legal representation, she/he nonetheless is required to comply with Court orders, the Local Rules, and the Federal Rules of Civil Procedure. See C.D. Cal. L.R. 83-2.2.3. The Local Rules are available on the Court's website, http://www.cacd.uscourts.gov/court-procedures/ local-rules. The Court cannot provide legal advice to any party, including pro se litigants, i.e., parties who are not represented by a lawyer. There is a free "Pro Se Clinic" that can provide information and guidance about many aspects of civil litigation in this Court. The Court notes that a party to this lawsuit does not have a lawyer. Parties in court without a lawyer are called "pro se litigants." These parties often face special challenges in federal court. Public Counsel runs a free Federal Pro Se Clinic where pro se litigants can get information and guidance. The Clinic is located at the Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, CA 90012 (note that the clinic may not be open for in-person appointments during the pandemic). Pro se litigants must call or submit an on-line application to request services as follows: on-line applications can be submitted at http://prose.cacd.uscourts.gov/los-angeles, or call (213) 385-2977, ext. 270. Pro se litigants may submit documents for filing through the Court's Electronic Document Submission System (EDSS) instead of mailing or bringing documents to the Clerk's Office. Only internet access and an e-mail address are required. Documents are submitted in PDF format through an online portal on the Court's website. To access EDSS and for additional information, visit the Court's website at https://apps.cacd.uscourts.gov/edss. Attorneys may not use EDSS to submit documents on behalf of their clients. Attorneys are required by the local rules to file documents electronically using the Court's CM/ECF System. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
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Filing 6
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Alka Sagar. (sh) |
| Filing 3 60 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendants Joseph Robinette Biden, Jr, Merrick Garland, Alejandro Mayorkas. (Attachments: #1 Merrick Garland)(sh) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs James Potter, David Wong, (sh) |
| Filing 1 COMPLAINT against Defendants Joseph Robinette Biden, Jr, Merrick Garland, Alejandro Mayorkas.Case assigned to Judge Mark C. Scarsi for all further proceedings. Discovery referred to Magistrate Judge Alka Sagar.(Filing fee $ 402 FEE PAID), filed by Plaintiffs David Wong, James Potter. (Attachments: #1 Civil Cover Sheet) (sh) |
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