PATEL v. MAYORKAS
| PRATIKKUMAR RAMESHBHAI PATEL, NITABEN PRATIKKUMAR PATEL and RUDRA RAMESHBHAI PATEL |
| Alejandro Mayorkas, Daniel M. Renaud and Ur M. Jaddou |
| 3:2023cv00105 |
| December 28, 2023 |
| US District Court for the Southern District of Georgia |
| Dudley H Bowen |
| Brian K Epps |
| Other Immigration Actions |
| 28 U.S.C. § 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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Filing 21
ORDER DISMISSING CASE without prejudice. The Clerk is directed to close the case and to terminate all motions and deadlines. Signed by Judge Dudley H. Bowen on 2/15/24. (wwp)
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| Filing 20 Consent MOTION to Dismiss Voluntary Without Prejudice by Ur M. Jaddou, Alejandro Mayorkas, Daniel M. Renaud. Responses due by 2/27/2024. (Attachments: #1 Text of Proposed Order proposed order)(Valladares, Marcio) |
| Filing 18 MOTION to Dismiss by Ur M. Jaddou, Alejandro Mayorkas, Daniel M. Renaud. Responses due by 2/20/2024. (Valladares, Marcio) |
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Filing 17
ORDER granting #16 Motion for Extension of Time to Answer. Signed by Magistrate Judge Brian K. Epps on 01/26/2024. (maa)
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| Filing 16 Second MOTION for Extension of Time to File Answer re #15 Order on Motion for Extension of Time to Answer, #1 Complaint,, With Consent by Ur M. Jaddou, Alejandro Mayorkas, Daniel M. Renaud. Responses due by 2/8/2024. (Attachments: #1 Text of Proposed Order proposed order)(Valladares, Marcio) |
| MOTIONS REFERRED: #16 Second MOTION for Extension of Time to File Answer re #15 Order on Motion for Extension of Time to Answer, #1 Complaint, With Consent (thb) |
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Filing 15
ORDER granting #13 Motion for Extension of Time to Answer #1 Complaint. (Ur M. Jaddou answer due 1/25/2024; Alejandro Mayorkas answer due 1/25/2024; Daniel M. Renaud answer due 1/25/2024.) Signed by Magistrate Judge Brian K. Epps on 01/17/2024. (jlh)
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Filing 14
ORDER granting #12 Motion for Leave to Appear pro hac vice for Attorney Kenneth S. Levine. Signed by Judge Dudley H. Bowen on 01/17/2024. (jlh)
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| MOTIONS REFERRED: #13 Consent MOTION for Extension of Time to File Answer re #5 Case Transferred In - District Transfer, #1 Complaint (thb) |
| Filing 13 Consent MOTION for Extension of Time to File Answer re #5 Case Transferred In - District Transfer, #1 Complaint,, by Ur M. Jaddou, Alejandro Mayorkas, Daniel M. Renaud. Responses due by 1/30/2024. (Attachments: #1 Text of Proposed Order proposed order)(Valladares, Marcio) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice by NITABEN PRATIKKUMAR PATEL, PRATIKKUMAR RAMESHBHAI PATEL, RUDRA RAMESHBHAI PATEL. Responses due by 1/26/2024. (jrb) |
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Filing 11
ORDER directing attorney Kenneth S. Levine to file a motion to proceed pro hac vice by January 23, 2024 or be stricken from the record of this case. (Compliance due by 1/23/2024.) Signed by Judge Dudley H. Bowen on January 12, 2024. (jrb)
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| PRO HAC VICE PAID Amount $200.00. Receipt # AGASDC-3739184. (jrb) |
| Filing 10 NOTICE of Appearance of Tracie L Morgan by NITABEN PRATIKKUMAR PATEL, PRATIKKUMAR RAMESHBHAI PATEL, RUDRA RAMESHBHAI PATEL. (Morgan, Tracie) Modified on 1/10/2024 (thb). |
| Filing 9 NOTICE of Appearance by Marcio William Valladares on behalf of Ur M. Jaddou, Alejandro Mayorkas, Daniel M. Renaud (Valladares, Marcio) |
| Filing 8 NOTICE of Filing Deficiency. If action is required, after 14 days of noncompliance a notice will be submitted to a judicial officer for possible sanctions, to include dismissal. (Set/Reset Deadlines: Compliance due by 1/11/2024.) (jlh) |
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Filing 7
RULE 26(f) ORDER. Signed by Magistrate Judge Brian K. Epps on 12/28/2023. (Attachments: #1 Civil Case Forms.) (jlh)
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| Filing 6 NOTICE to All Counsel of Record. (jlh) |
| Filing 5 Case transfer in from District of District of Columbia; Case Number 1:23-cv-02571. Case transferred electronically |
| Set/Reset Deadlines/Hearings: Transfer due by 12/22/2023. (zcdw) |
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MINUTE ORDER granting #4 Consent Motion to Transfer and Extend Time to Respond. 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) (cleaned up). "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. (quoting 28 U.S.C. 1404(a)). "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)). Here, Plaintiffs reside in the Southern District of Georgia (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, No. 19-cv-2981, 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. Dep't of Homeland Sec., 235 F. Supp. 3d 298, 305 (D.D.C. 2017) (cleaned up). There are three public interest factors that the Court also considers in assessing a request to transfer: (1) the transferee's familiarity with the governing laws and the pendency of related actions in the transferee's 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 (cleaned up). 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 Southern District of Georgia, and the Clerk of the Court shall transfer this action to the United States District Court for the Southern District of Georgia. It is further ORDERED that Defendants' time to respond to the complaint is extended until, and through, 21 days after this action is docketed in the Transferee District.SO ORDERED. Signed by Judge Ana C. Reyes on 12/12/2023. (lcacr1)
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| Filing 4 Consent MOTION to Transfer Case to the Southern District of Georgia by UR M. JADDOU, ALEJANDRO MAYORKAS, DANIEL M. RENAUD. (Gonzalez Horowitz, Brenda). Added MOTION for Extension of Time to File Answer on 12/7/2023 (znmw). |
| Filing 3 NOTICE of Appearance by Brenda A. Gonzalez Horowitz on behalf of UR M. JADDOU, ALEJANDRO MAYORKAS, DANIEL M. RENAUD (Gonzalez Horowitz, Brenda) |
| Filing 2 SUMMONS (5) Issued Electronically as to UR M. JADDOU, ALEJANDRO MAYORKAS, DANIEL M. RENAUD, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zcb) |
| Case Assigned to Judge Ana C. Reyes. (zcb) |
| Filing 1 COMPLAINT FOR WRIT OF MANDAMUS against All Defendants ALEJANDRO MAYORKAS, DHS SEC ( Filing fee $ 402 receipt number ADCDC-10323818) filed by PRATIKKUMAR RAMESHBHAI PATEL. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Summons Summons AG Garland, #6 Summons Summons Director Jaddou, #7 Summons Summons Director Renaud, #8 Summons Summons Sec Mayorkas, #9 Summons Summons US Atty)(Levine, Kenneth) |
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