Bratulescu v. Mayorkas et al
Plaintiff: Patricia Sevilla Bratulescu and Bela Miklos
Defendant: Acting Deputy USCIS Tracy Renaud, Secretary of DHS Alejandro Mayorkas, U.S. Citizenship and Immigration Services, Department of Homeland Security, The, United States Citizenship and Immigration Services, US Department of Homeland Security, Tracy Renaud and Alejandro Mayorkas
Case Number: 1:2021cv00848
Filed: March 23, 2021
Court: US District Court for the District of Colorado
Presiding Judge: William J Martinez
Referring Judge: Kristen L Mix
Nature of Suit: APA Review/Appeal
Cause of Action: 05 U.S.C. ยง 702
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2021 Filing 14 NOTICE of Entry of Appearance by Timothy Bart Jafek on behalf of Alejandro Mayorkas, Tracy Renaud, US Department of Homeland Security, United States Citizenship and Immigration ServicesAttorney Timothy Bart Jafek added to party Alejandro Mayorkas(pty:dft), Attorney Timothy Bart Jafek added to party Tracy Renaud(pty:dft), Attorney Timothy Bart Jafek added to party US Department of Homeland Security(pty:dft), Attorney Timothy Bart Jafek added to party United States Citizenship and Immigration Services(pty:dft) (Jafek, Timothy)
April 1, 2021 Opinion or Order Filing 13 ORDER Setting Scheduling Conference for 6/23/2021 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. Proposed Scheduling Order due 6/16/2021, by Magistrate Judge Kristen L. Mix on 4/1/2021. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (jgonz, )
March 26, 2021 Filing 12 SUMMONS Returned Executed upon defendant(s) Tracy Renaud served on 3/24/2021, answer due 5/23/2021. (Knudson, Kristin)
March 26, 2021 Filing 11 SUMMONS Returned Executed upon defendant(s) Alejandro Mayorkas served on 3/24/2021, answer due 5/23/2021. (Knudson, Kristin)
March 26, 2021 Filing 10 SUMMONS Returned Executed upon defendant(s) US Department of Homeland Security served on 3/24/2021, answer due 5/23/2021; United States Citizenship and Immigration Services served on 3/24/2021, answer due 5/23/2021. (Attachments: #1 Proof of Service AUSA)(Knudson, Kristin)
March 26, 2021 Opinion or Order Filing 9 ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2020 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 3/ 26/2021. Text Only Entry (wjmsec, )
March 26, 2021 Opinion or Order Filing 8 ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 3/26/2021. Text Only Entry (wjmsec, )
March 25, 2021 Filing 7 CASE REASSIGNED. Pursuant to 6 Order, this case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 21-cv-00848-WJM-KLM. (Text Only Entry). (sphil, )
March 25, 2021 Opinion or Order Filing 6 ORDER: Under the local rules of the court, an AP judge manages an administrative appeal through the filing of the administrative record and the completion of briefing. D.C.COLO.LCivR 40.1(d); D.C.COLO.LAPR 10.3. Typically, once briefing is complete, an AP case is returned to the clerk of the court to be drawn to a judge under D.C.COLO.LCiv.R 40.1. The judge so drawn resolves the case on its merits. The claims asserted in the complaint (#1) do not challenge a final decision of an administrative agency. Rather, the plaintiff seeks to compel adjudication and a decision by an administrative agency. This case likely will proceed toward resolution with the filing of an answer and/or motion to dismiss by the defendants rather than with the filing of an administrative record and briefing addressing a final agency action. The Court finds and concludes that the claims of the plaintiff can be resolved more efficiently if this case is removed from the AP docket and drawn immediately to a merits judge. Under D.C.COLO.LAPR 16.1(c), the Court may terminate the designation of a case as an AP case for good cause. Good cause exists here. Termination of the AP designation of this case will ensure that all of the claims asserted in the complaint are managed together and will ensure the just, speedy, and inexpensive determination of this case. Fed. R. Civ. P. 1. Thus, this case shall be removed from the AP docket and randomly drawn to a merits judge. THEREFORE, IT IS ORDERED that the clerk of the court shall assign this case to a judge for resolution on the merits under the random assignment procedure of D.C.COLO.LCiv.R 40.1. By Judge Marcia S. Krieger on 3/25/2021. Text Only Entry (msklc4, )
March 24, 2021 Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Judge Consent Form) (jsalz, )
March 24, 2021 Filing 4 Case assigned to Judge Marcia S. Krieger. Text Only Entry. (jsalz, )
March 23, 2021 Filing 3 SUMMONS REQUEST as to Tracy Renaud, Merrick Garland, Matthew T. Kirsch, Alejandro Mayorkas by Plaintiff Patricia Sevilla Bratulescu. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Knudson, Kristin)
March 23, 2021 Filing 2 Exhibits in Support of #1 Complaint,, Civil Cover Sheet by Plaintiff Patricia Sevilla Bratulescu. (Knudson, Kristin)
March 23, 2021 Filing 1 COMPLAINT for Injunctive and Mandamus Relief against All Defendants (Filing fee $ 402,Receipt Number 1082-7779082)Attorney Kristin A. Knudson added to party Patricia Sevilla Bratulescu(pty:pla), filed by Patricia Sevilla Bratulescu. (Attachments: #1 Ex. 1 to Complaint, #2 Ex. 2 to Complaint, #3 Ex. 3 to Complaint, #4 Ex. 4 to Complaint, #5 Ex. 5 to Complaint, #6 Ex. 6 to Complaint, #7 Ex. 7 to Complaint, #8 Ex. 8 to Complaint, #9 Ex. 9 to Complaint, #10 Ex. 10 to Complaint)(Knudson, Kristin)

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Defendant: Acting Deputy USCIS Tracy Renaud
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Defendant: Secretary of DHS Alejandro Mayorkas
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Defendant: U.S. Citizenship and Immigration Services
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Defendant: Department of Homeland Security, The
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Defendant: United States Citizenship and Immigration Services
Represented By: Timothy Bart Jafek
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Defendant: US Department of Homeland Security
Represented By: Timothy Bart Jafek
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Defendant: Tracy Renaud
Represented By: Timothy Bart Jafek
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Defendant: Alejandro Mayorkas
Represented By: Timothy Bart Jafek
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Plaintiff: Patricia Sevilla Bratulescu
Represented By: Kristin A. Knudson
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Plaintiff: Bela Miklos
Represented By: Kristin A. Knudson
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