MEJENTA SYSTEMS INC. v. CUCCINELLI
| MEJENTA SYSTEMS INC. and MEJENTA SYSTEMS, INC. |
| ACTING DIRECTOR KENNETH T. CUCCINELLI and KENNETH T. CUCCINELLI |
| 1:2019cv01906 |
| June 26, 2019 |
| US District Court for the District of Columbia |
| Ketanji Brown Jackson |
| Immigration: Other Immigration Actions |
| 05 U.S.C. § 0706 |
| None |
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MINUTE ORDER REFERRING CASE FOR LIMITED PURPOSE PURSUANT TO LOCAL CIVIL RULE 40.5(e): Local Civil Rule 40.5(e) provides that upon a finding by the Calendar and Case Management Committee that two or more cases assigned to different judges should be referred for a specific purpose to one judge in order to avoid a duplication of judicial effort, the Calendar and Case Management Committee may enter such an order of referral. The order shall be with the consent of the judge to whom the cases will be referred and shall set forth the scope of authority of said judge. Unless otherwise provided, such an order shall not transfer any cases nor affect the assignment of future cases. Pursuant to Local Civil Rule 40.5(e), the Calendar and Case Management Committee finds that this case, Mejenta Systems Inc. v. Cuccinelli, 1:19-cv-01906-KBJ, should be referred to Judge Rosemary Collyer to avoid duplication of judicial effort because she has already been referred for a limited purpose all of the cases that concern USCIS's treatment of H1-B visa petitions and raise one or more of the same three threshold legal issues: (1) the authority of USCIS to grant visas for less than the requested three-year period; (2) the authority of USCIS to deny visas to companies that place employees at third-party locations either because the third-party is determined to be the employer or because specific and detailed job duties are not provided with the visa application; and (3) the related statute of limitations issues raised by the government. The Committee has obtained the consent of Judge Rosemary Collyer, before whom the earliest-filed case is pending, see ITServe Alliance v. Cissna, 1:18-cv-02350-RMC, to the referral, and therefore the present case will be referred to her for resolution of these three issues. Accordingly, it is hereby ORDERED that this case, Mejenta Systems Inc. v. Cuccinelli, 1:19-cv-01906-KBJ, is referred to Judge Rosemary Collyer for resolution of the three threshold legal issues identified above. Signed by Judge Ellen Segal Huvelle on behalf of the Calendar and Case Management Committee on July 16, 2019. (lcesh1)
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MINUTE ORDER. In March of 2019, fifteen cases concerning USCIS's treatment of H1-B visa petitions that raised one or more of the same three threshold legal issues were referred to Judge Rosemary Collyer for the limited purpose of resolving those threshold legal issues. (See, e.g., ERP Analysts, Inc. v. Cissna, 1:19-cv-00297-KBJ, Min. Order of Mar. 6, 2019.) The instant case raises one of those same threshold issues; i.e., the authority of USCIS to deny visas to companies that place employees at third-party locations because specific and detailed job duties are not provided with the visa application. (See Compl., ECF No. 1, 3847; see also Pl.'s Mem. in Opp'n to Mot. to Dismiss or Stay the Proceedings, ECF No. 9, at 5 n.1 (acknowledging, for first time, that "[t]he rule challenged in this case is part of the consolidated case in ITSERVE Alliance v. Cissna, 18-cv-2350 ([RMC])")). Thus, it will be formally referred to Judge Collyer forthwith. In the meantime, because Plaintiff's likelihood of success on the merits turns on the resolution of that threshold issue, and in light of the manifest lack of irreparable harm that would occur absent immediate injunctive relief, see Judicial Watch, Inc. v. Dep't of Commerce, 501 F. Supp. 2d 83, 87 (D.D.C. 2007) (listing factors courts must consider before granting preliminary injunctive relief); see also Wis. Gas Co. v. F.E.R.C., 758 F.2d 669, 674 (D.C. Cir. 1985) ("It is... well settled that economic loss does not, in and of itself, constitute irreparable harm."), it is hereby ORDERED that Plaintiff's #2 Motion for Temporary Restraining Order and Preliminary Relief and Order to Show Cause is DENIED without prejudice. Signed by Judge Ketanji Brown Jackson on 7/16/2019. (lckbj2)
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MINUTE ORDER. In light of the Calendar and Case Management Committee's Order referring this case to Judge Rosemary Collyer for the limited purpose of resolving certain threshold legal issues (see Min. Order of July 16, 2019), it is hereby ORDERED that this matter is STAYED until further order of the Court. It is FURTHER ORDERED that, not withstanding this stay, within fourteen days of a decision regarding the issues consolidated in ITSERVE Alliance, Inc. v. U.S. Citizenship and Immigration Services, No. 18-2350 (D.D.C.), the parties shall file a joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 7/16/2019. (lckbj2)
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| Filing 9 Memorandum in opposition to re #7 MOTION to Dismiss Plaintiff's Complaint or, in the Alternative, Motion to Stay Further Proceedings Pending Administrative Action MOTION to Stay filed by MEJENTA SYSTEMS, INC.. (Attachments: #1 Appendix USCIS Adjudicator Job Requirements, #2 Appendix Comparison of February and July RFEs, #3 Appendix USCIS H-1B Processing Times)(Wasden, Jonathan) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #10 Leave to File Denied, was entered in error (In wrong case). (zeg) |
| Filing 10 ENTERED IN ERROR.....LEAVE TO FILE DENIED- SURF MOORE; Motion to Amend Complaint This document is unavailable as the Court denied its filing. "Leave to file DENIED- Case is closed and on Appeal." Signed by Judge Amy Berman Jackson on 7/8/2019. (zeg) Modified on 7/15/2019 (zeg). |
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MINUTE ORDER. It is hereby ORDERED that Plaintiff shall respond to #7 MOTION to Dismiss Plaintiff's Complaint or, in the Alternative, Motion to Stay Further Proceedings Pending Administrative Action on or before 7/15/2019. Signed by Judge Ketanji Brown Jackson on 7/5/2019. (lckbj1)
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| Filing 8 Memorandum in opposition to re #2 MOTION for Temporary Restraining Order filed by KENNETH T. CUCCINELLI. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Palmer-Ball, Katherine) |
| Filing 7 MOTION to Dismiss Plaintiff's Complaint or, in the Alternative, Motion to Stay Further Proceedings Pending Administrative Action by KENNETH T. CUCCINELLI (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Text of Proposed Order)(Palmer-Ball, Katherine). Added MOTION to Stay on 7/11/2019 (znmw). |
| Filing 6 SUMMONS (3) Issued Electronically as to KENNETH T. CUCCINELLI, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Notice and Consent)(zef, ) |
| Case Assigned to Judge Ketanji Brown Jackson. (zef, ) |
| Filing 5 NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of KENNETH T. CUCCINELLI (Palmer-Ball, Katherine) |
| Filing 4 CERTIFICATE OF SERVICE by MEJENTA SYSTEMS INC. re #2 MOTION for Temporary Restraining Order , #1 Complaint, #3 Errata, . (Wasden, Jonathan) |
| Filing 3 ERRATA supplementing the motion with the appendix by MEJENTA SYSTEMS INC. #2 MOTION for Temporary Restraining Order filed by MEJENTA SYSTEMS INC.. (Attachments: #1 Appendix Appendix to ECF Doc. 2, Motion for Temporary Restraining Orderfor)(Wasden, Jonathan) |
| Filing 2 MOTION for Temporary Restraining Order by MEJENTA SYSTEMS INC. (Attachments: #1 Memorandum in Support, #2 Tables of Contents and Authorities, #3 Appendix Administrative Record Documents Pgs 1-166, #4 Appendix Administrative Record Documents 167-331, #5 Declaration Declaration of Nichole Cerezo, #6 Declaration Declaration of Kaylan Jonnakanti, #7 Text of Proposed Order)(Wasden, Jonathan). Added MOTION for Preliminary Injunction on 7/11/2019 (znmw). |
| Filing 1 COMPLAINT against KENNETH T. CUCCINELLI ( Filing fee $ 400 receipt number 0090-6215029) filed by MEJENTA SYSTEMS INC.. (Attachments: #1 Civil Cover Sheet, #2 Summons US Attorney, #3 Summons Attorney General, #4 Summons DHS General Counsel)(Wasden, Jonathan) |
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