SCRUBB et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
| DESTINY U. SCRUBB and LOTACHUKWU FAITH NWEKE |
| UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, ALEJANDRO MAYORKAS, UR MENDOZA JADDOU and KIN MA |
| 1:2022cv00769 |
| March 21, 2022 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| Other Statutory Actions |
| 8 U.S.C. ยง 1101 Immigration and Nationality Act |
| None |
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MINUTE ORDER granting #5 Consent Motion to Transfer Case to District of Minnesota. A case may be transferred to any district where venue is also proper "[f]or the convenience of parties and witnesses, in the interest of justice."28 U.S.C. 1404(a). "Section 1404(a) is intended to place discretion in the district court to adjudicate motions for transfer according to an individualized, case-by-case consideration of convenience and fairness." Ctr. for Env't Sci., Accuracy & Reliability v. Nat'l Park Serv., 75 F. Supp. 3d 353, 356 (D.D.C. 2014) (quotation marks omitted). "The first step in resolving a motion for transfer of venue under 1404(a) is to determine whether the proposed transferee district is one where the action 'might have been brought.'" Id. "In actions raising a federal question by naming as a defendant a federal agency or United States official in his or her official capacity, venue is proper in any judicial district where (1) a defendant in the action resides; (2) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is subject of the action is situated; or (3) a plaintiff resides if no real property is involved in the action." Id. (quoting 28 U.S.C. 1391(e)(1)) (quotation marks omitted). Here, Plaintiffs are located in the the District of Minnesota ("Transferee District"). Thus, this case "might have been brought" in that district. Having made this threshold determination, the Court must "weigh the public and private interests" in transferring the case. McAfee LLC v. USCIS, Civ. A. No. 19-2981 (DLF), 2019 WL 6051559, at *1 (D.D.C. Nov. 15, 2019). "[T]he Court considers the following private interest factors: (1) the plaintiffs choice of forum, unless the balance of convenience is strongly in favor of the defendants; (2) the defendants choice of forum; (3) whether the claim arose elsewhere; (4) the convenience of the parties, (5) the convenience of the witnesses of the plaintiff and defendant, but only to the extent that the witnesses may actually be unavailable for trial in one of the fora; and (6) the ease of access to sources of proof." Bourdon v. Dept of Homeland Sec., 235 F. Supp. 3d 298, 305 (D.D.C. 2017) (Kollar- Kotelly, J.). There are three public interest factors that the Court also considers in assessing a request to transfer: "(1) the transferees familiarity with the governing laws and the pendency of related actions in the transferees forum; (2) the relative congestion of the calendars of the potential transferee and transferor courts; and (3) the local interest in deciding local controversies at home." Id. at 308 (quotation marks omitted). In the present matter, after balancing the relevant factors, and in light of Plaintiffs' consent, the Court concludes that transfer is appropriate. It is hereby ORDERED that this case be transferred to the District of Minnesota.It is further ordered that Defendants' time to respond to the complaint is extended through, and including, the latter of (i) 21 days after this action is docketed in the transferee district, or (ii) May 30, 2022, the current deadline for Defendants response to the Complaint. Signed by Judge Emmet G. Sullivan on 5/13/2022. (lcegs1)
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| Set/Reset Deadlines: Transfer due by 5/23/2022. (mac) |
| Filing 5 Consent MOTION to Transfer Case District of Minnesota, MOTION for Extension of Time by UR MENDOZA JADDOU, KIN MA, ALEJANDRO MAYORKAS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia). Added MOTION for Extension of Time to on 5/12/2022 (zjf). |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/31/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 5/30/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/1/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UR MENDOZA JADDOU served on 3/30/2022; KIN MA served on 3/29/2022; ALEJANDRO MAYORKAS served on 3/30/2022; UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 3/30/2022; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 3/30/2022 (Attachments: #1 Exhibit Mail Receipts)(Hacking, James) |
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Filing 3
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 03/29/22. (Attachment: #1 Exhibit 1) (mac)
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| Filing 2 SUMMONS (7) Issued Electronically as to UR MENDOZA JADDOU, KIN MA, ALEJANDRO MAYORKAS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zjf) |
| Filing 1 COMPLAINT against UR MENDOZA JADDOU, KIN MA, ALEJANDRO MAYORKAS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-9115698) filed by DESTINY U. SCRUBB, LOTACHUKWU FAITH NWEKE. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Hacking, James) |
| Case Assigned to Judge Emmet G. Sullivan. (zsb) |
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