Pham v. National Benefit Centre et al
| Tuan Huu Pham |
| National Benefit Centre, USCIS and U.S. Department of Homeland Security |
| 1:2023cv00110 |
| February 26, 2023 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| ROM TRADER |
| Other Immigration Actions |
| 28 U.S.C. ยง 1331 Fed. Question: Review Agency Decision |
| None |
Docket Report
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This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 12 EO: On 2/26/2023, pro se Plaintiff Tuan Huu Pham ("Plaintiff") initiated this action by filing the [ECF 1 ] Complaint. The Rule 16 Scheduling Conference is set for 4/24/2023. To date, however, the docket fails to reflect service on any of the Defendants. Moreover, none of the Defendants has appeared, answered or filed a responsive pleading. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service must occur within 90 days after the complaint is filed. Absent a showing of good cause, failure to timely serve Defendant may result in sanctions to include possible dismissal of this action. Upon completion of service, the parties are required to confer as soon as practicable, but no less than 21 days before the scheduling conference to discuss specified matters to be included in the planning meeting report to be filed with the Court. Fed. R. Civ. P. 26(f). In addition, parties are required to scheduling conference statements at least 7 days prior to the conference. LR16.2(b). Even if service is completed in near future, the parties would have insufficient time to comply with their pre-conference obligations. "Pro se litigants shall abide by all local, federal, and other applicable rules and/or statutes." LR81.1(a). "Sanctions, including but not limited to... dismissal with prejudice, may be imposed for failure to comply with the Local Rules." Id. Accordingly, the Rule 16 Scheduling Conference scheduled for 4/24/2023 at 9:00 a.m. is CONTINUED to 6/23/2023 at 9:30 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 6/16/2023. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
Filing 11
ORDER DENYING MOTION TO REQUEST COURT APPOINTED ATTORNEY re #9 - Signed by MAGISTRATE JUDGE ROM TRADER on 4/3/2023....Plaintiff has not addressed the three factors nor has Plaintiff shown any exceptional circumstances. Without more information or argument, the Court cannot find the appointment of counsel is appropriate. Accordingly, the Court DENIES Plaintiff's Motion. COURT'S CERTIFICATE OF SERVICE - Tuan Huu Pham shall be served by First Class Mail to the addresses of record listed on the (NEF) on 4/3/2023. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF).(jni)
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| Filing 10 CIVIL Cover Sheet - by Tuan Huu Pham. (jni) |
| Filing 9 (Request to Appoint) PRO BONO REPRESENTATION - by Plaintiff Tuan Huu Pham. (jni) |
| Filing 8 Summons Issued as to U.S. Department of Homeland Security. (jni) |
| Filing 7 Summons Issued as to National Benefit Centre. (jni) |
| Filing 6 Summons Issued as to USCIS National Benefits Center. (jni) |
| Filing 5 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(eta) |
| COURT'S CERTIFICATE of Service - a copy of #5 Civil Waiver of Service Packet and a blank summons form have been served by First Class Mail to Tuan Huu Pham at the address of record on March 22, 2023. (eta) |
| Filing 4 Filing fee: $ 402, receipt number HI034386 re #1 Complaint (eta) |
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Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/26/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Tuan Huu Pham was served by email on February 27, 2023.
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Filing 2
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 4/24/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/26/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Tuan Huu Pham was served by email on February 27, 2023.
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| Filing 1 COMPLAINT for a Civil Case against All Defendants - filed by Tuan Huu Pham.(eta) |
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