OVERHAUL GROUP, INC. v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
| OVERHAUL GROUP, INC. |
| UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES |
| USCIS |
| 1:2021cv02254 |
| August 25, 2021 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. ยง 702 |
| None |
Docket Report
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This docket was last retrieved on October 1, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Receipt on 10/1/2021 of Electronic Transfer. Other Court Number 1:21-cv-880 sent by Western District of Texas. (eg) |
| Filing 11 Case transferred to the USDC for the Western District of Texas pursuant to Order on Motion to Transfer Case, Order on Motion for Extension of Time to, Set/Reset Deadlines, Sent to Court via extraction. (eg) |
| Filing 9 Consent MOTION to Transfer Case , Consent MOTION for Extension of Time to Respond by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Weiner, Blake) |
MINUTE ORDER granting the defendants' #9 Consent Motion to Transfer and Extend. The case "might have been brought" in the U.S. District Court for the Western District of Texas because the plaintiff is headquartered in that district. 28 U.S.C. 1404(a); see also id. 1391(b)(1). Further, several private interest and public interest factors favor transfer: Both parties consent to the transfer. At least one relevant witness resides in the Transferee District. None of the events relevant to the plaintiff's claim occurred in the District of Columbia. Ngonga v. Sessions, 318 F. Supp. 3d 270, 275 (D.D.C. 2018). Although the plaintiff initially chose to file in the District of Columbia, "deference to that choice is limited" because the plaintiff "is not a resident" of that district, because this action "lacks meaningful ties" to that district, and because the plaintiff now consents to a transfer. Wolfram Alpha LLC v. Cuccinelli, 490 F. Supp. 3d 324, 332 (D.D.C. 2020). Finally, because the "outcome of this action will be felt most strongly" in the Western District of Texas, there is a "local interest" in resolving this case there. Id. at 338-39. The other factors that courts generally consider in this posture--including the districts' familiarity with underlying law and their relative congestion--are neutral as to transfer. For those reasons, the Court finds that considerations of convenience and the "interest of justice" favor transfer. 28 U.S.C. 1404(a). It is therefore ORDERED that this case is TRANSFERRED to the U.S. District Court for the Western District of Texas. It is further ORDERED that the defendants shall respond to the #1 Complaint within 21 days of this case being placed on the electronic docket in the U.S. District Court for the Western District of Texas. So Ordered by Judge Dabney L. Friedrich on September 21, 2021. (lcdlf3)
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| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 8/31/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/1/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/1/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 10/31/2021.) (Attachments: #1 Attorney General, #2 US Attorney)(eg) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #6 Waiver of Service, #7 Waiver of Service, #8 Waiver of Service was entered in error and will be refiled by the Clerk's office using the correct event. (eg) |
| Filing 8 ENTERED IN ERROR.....WAIVER OF SERVICE (Attachments: #1 Affidavit USPS Confirmation of Delivery)(Read, Forrest) Modified on 9/29/2021 (zeg). |
| Filing 7 ENTERED IN ERROR.....WAIVER OF SERVICE (Attachments: #1 Affidavit USPS Return Receipt)(Read, Forrest) Modified on 9/29/2021 (zeg). |
| Filing 6 ENTERED IN ERROR.....WAIVER OF SERVICE. OVERHAUL GROUP, INC. waiver sent on 8/27/2021, answer due 10/26/2021. (Attachments: #1 Affidavit USPS Return Receipt)(Read, Forrest) Modified on 9/29/2021 (zeg). |
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Filing 5
STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on August 27, 2021. (lcdlf3)
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| Filing 4 SUMMONS (3) Issued Electronically as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(znmg) |
| Case Assigned to Judge Dabney L. Friedrich. (znmg) |
| Filing 3 CIVIL COVER SHEET by OVERHAUL GROUP, INC. re #1 Complaint filed by OVERHAUL GROUP, INC.. Related document: #1 Complaint filed by OVERHAUL GROUP, INC..(Read, Forrest) |
| NOTICE OF ERROR re #1 Complaint; emailed to forrest.read@jacksonlewis.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by OVERHAUL GROUP, INC. (Read, Forrest) |
| Filing 1 COMPLAINT against OVERHAUL GROUP, INC. ( Filing fee $ 402 receipt number ADCDC-8689704) filed by OVERHAUL GROUP, INC.. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Read, Forrest) |
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