AL DARRAJI et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
| AHMED AL DARRAJI, ESRAA AL SHAMMARI, FARAH AL DARRAJI and MALAK AL DARRAJI |
| UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, ALEJANDRO N. MAYORKAS, UR M JADDOU, TED H KIM, CHICAGO ASYLUM OFFICE, KENNETH MADSEN, MATTHEW D. EMRICH and CHRISTOPHER A. WRAY |
| 1:2023cv02126 |
| November 27, 2023 |
| US District Court for the Southern District of Indiana |
| James R Sweeney |
| Crystal S Wildeman |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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Filing 29
ORDER - The Court, having reviewed the Parties' proposed Stipulation of Dismissal, hereby dismisses this cause against the Defendants without prejudice, with the Parties to bear their own attorneys' fees and costs. Signed by Judge James R. Sweeney II on 11/29/2023. (JSR)
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| Filing 28 STIPULATION of Dismissal Joint, as to Defendants UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, KENNETH MADSEN, ALEJANDRO N. MAYORKAS, TED H KIM, MATTHEW D. EMRICH, UR M JADDOU, CHRISTOPHER A. WRAY, CHICAGO ASYLUM OFFICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Plaintiffs AHMED AL DARRAJI, FARAH AL DARRAJI, MALAK AL DARRAJI, ESRAA AL SHAMMARI, filed by All Defendants. (Attachments: #1 Text of Proposed Order)(Woods, Shelese) |
| Filing 27 NOTICE of Appearance by Shelese M. Woods on behalf of Defendants CHICAGO ASYLUM OFFICE, MATTHEW D. EMRICH, UR M JADDOU, TED H KIM, KENNETH MADSEN, ALEJANDRO N. MAYORKAS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHRISTOPHER A. WRAY. (Woods, Shelese) |
| Filing 26 PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (TPS) |
| Filing 25 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (TPS) |
| Filing 24 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TPS) |
| Filing 23 Case transferred in from District of District of Columbia; Case Number 1:22-cv-02752. Original file copy of transfer order and docket sheet received. |
| Filing 22 NOTICE of Voluntary Dismissal by AHMED AL DARRAJI, FARAH AL DARRAJI, MALAK AL DARRAJI, ESRAA AL SHAMMARI (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 21 Case transferred to the USDC for the Southern District of Indiana pursuant to 09/11/2023 Minute Order on Motion to Transfer Case, Order on Motion to Dismiss, Sent to Court via extraction. (zjm) [Transferred from District of Columbia on 11/27/2023.] |
| Set/Reset Deadlines: Transfer by 9/21/2023. (nbn) [Transferred from District of Columbia on 11/27/2023.] |
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MINUTE ORDER: Granting in part and denying in part #15 Motion to Transfer and Dismiss. The court hereby grants Defendants' Motion to Transfer and Denies without Prejudice its Motion to Dismiss. A court may transfer a case to another district "where it might have been brought" "[f]or the convenience of parties and witnesses, in the interest of justice." 28 U.S.C. 1404(a). Moreover, a transfer motion is proper to any district in "which all parties have consented." Id.; see also Choi v. Matal, 266 F. Supp. 3d 150, 151 (D.D.C. 2017). It is undisputed that venue is proper in the Southern District of Indiana because Plaintiffs reside there. Further, the parties consent to transfer. It is therefore ORDERED that the Clerk of the Court shall transfer this action to the Southern District of Indiana. Signed by Judge Tanya S. Chutkan on 9/11/23. (lca) [Transferred from District of Columbia on 11/27/2023.]
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| Filing 20 NOTICE OF WITHDRAWAL re #16 Memorandum in opposition to re 15 Motion to Transfer Case,, Motion to Dismiss, by AHMED AL DARRAJI, FARAH AL DARRAJI, MALAK AL DARRAJI, ESRAA AL SHAMMARI (Jubran, Lewis) Modified on 9/8/2023 to correct docket link/ text (zjm). [Transferred from District of Columbia on 11/27/2023.] |
| Filing 19 NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of All Defendants Substituting for attorney Thomas A. Quinn (Duffey, Thomas) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 18 REPLY to opposition to motion re #15 MOTION to Transfer Case MOTION to Dismiss filed by CHICAGO ASYLUM OFFICE, MATTHEW D. EMRICH, UR M. JADDOU, TED H. KIM, KENNETH MADSEN, ALEJANDRO MAYORKAS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHRISTOPHER A. WRAY. (Quinn, Thomas) [Transferred from District of Columbia on 11/27/2023.] |
| Set/Reset Deadlines: Reply due by 1/14/2023. (tb) [Transferred from District of Columbia on 11/27/2023.] |
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MINUTE ORDER: Granting #17 Unopposed motion for extension of time to file response to #15 Motion to Transfer and Dismiss Case. Defendants shall file their reply by January 14, 2023. Signed by Judge Tanya S. Chutkan on 12/30/2022. (lcsr) [Transferred from District of Columbia on 11/27/2023.]
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Transfer Case MOTION to Dismiss by CHICAGO ASYLUM OFFICE, MATTHEW D. EMRICH, UR M. JADDOU, TED H. KIM, KENNETH MADSEN, ALEJANDRO MAYORKAS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHRISTOPHER A. WRAY. (Quinn, Thomas) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 16 WITHDRAWN PURSUANT TO NOTICE FILED 09/07/2023.....Memorandum in opposition to re #15 Motion to Transfer Case,, Motion to Dismiss, filed by AHMED AL DARRAJI, FARAH AL DARRAJI, MALAK AL DARRAJI, ESRAA AL SHAMMARI. (Attachments: #1 Text of Proposed Order)(Jubran, Lewis) Modified on 9/8/2023 (zjm). [Transferred from District of Columbia on 11/27/2023.] |
| Filing 15 MOTION to Transfer Case by CHICAGO ASYLUM OFFICE, MATTHEW D. EMRICH, UR M. JADDOU, TED H. KIM, KENNETH MADSEN, ALEJANDRO MAYORKAS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHRISTOPHER A. WRAY. (Quinn, Thomas). Added MOTION to Dismiss on 11/22/2022 (zjm). Modified on 9/8/2023 to reinstate Motion (zjm). [Transferred from District of Columbia on 11/27/2023.] |
| Filing 14 NOTICE of Appearance by Thomas Anthony Quinn on behalf of All Defendants (Quinn, Thomas) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHRISTOPHER A. WRAY served on 9/22/2022 (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 9/21/2022 (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/23/2022. Answer due for ALL FEDERAL DEFENDANTS by 11/22/2022. (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHICAGO ASYLUM OFFICE served on 9/21/2022 (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEJANDRO MAYORKAS served on 9/21/2022 (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH MADSEN served on 9/21/2022 (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TED H. KIM served on 9/21/2022 (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UR M. JADDOU served on 9/21/2022 (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW D. EMRICH served on 9/19/2022 (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 9/21/2022 (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 3 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/22/2022. (Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 2 SUMMONS (11) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(znmg) [Transferred from District of Columbia on 11/27/2023.] |
| Case Assigned to Judge Tanya S. Chutkan. (znmg) [Transferred from District of Columbia on 11/27/2023.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9509656) filed by FARAH AL DARRAJI, ESRAA AL SHAMMARI, AHMED AL DARRAJI, MALAK AL DARRAJI. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons)(Jubran, Lewis) [Transferred from District of Columbia on 11/27/2023.] |
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