Sim v. United States Department of Homeland Security, et al
| Vanhan Sim |
| United States Department of Homeland Security, United States Citizenship and Immigration Services, Michael Pompeo, Chad Wolf, United States Department of State, U.S. Consulate, Phnom Penh, Kenneth Cuccinelli and W. Patrick Murphy |
| 2:2021cv02202 |
| May 4, 2021 |
| US District Court for the District of Kansas |
| Toby Crouse |
| Kenneth G Gale |
| Other Immigration Actions |
| 08 U.S.C. § 1451 |
| None |
Docket Report
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This docket was last retrieved on May 17, 2021. A more recent docket listing may be available from PACER.
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Filing 16
ORDER granting #15 Motion to Stay Deadlines and Motion to Stay Discovery. The Court suspends the deadlines for filing a responsive pleading or answer, further pleadings, a Rule 26(f) planning conference, exchange of Rule 26(a) initial disclosures, a Rule 16 Scheduling Conference, and all discovery as the parties indicate this matter is in the process of being resolved. The stay shall be in effect until August 16, 2021. Further, Defendants are given fourteen (14) days from the lifting of the stay, or August 30, 2021, to make an answer or responsive pleading if necessary. Signed by Magistrate Judge Kenneth G. Gale on 5/17/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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| Filing 15 Joint MOTION to Stay Deadlines , MOTION to Stay Discovery ( Response deadline 6/1/2021) by Defendants Kenneth Cuccinelli, W. Patrick Murphy, Michael Pompeo, U.S. Consulate, Phnom Penh, United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of State, Chad Wolf (referred to Magistrate Judge Kenneth G. Gale) (Brookreson, Steven) |
| Filing 14 ENTRY OF APPEARANCE by James O. Hacking, III on behalf of Vanhan Sim (Hacking, James) |
| Filing 13 ENTRY OF APPEARANCE by Steven W. Brookreson on behalf of All Defendants. (Brookreson, Steven) |
| Filing 12 Letter from the clerk to counsel regarding pro hac vice requirements. (hw) |
| Filing 11 CASE TRANSFERRED IN from District of District of Columbia; Case Number 1:21-cv-00047. Electronic file certified copy of transfer order and docket sheet received. (hw) |
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MINUTE ORDER. Upon consideration of the government's #10 Consent Motion to Transfer and Extend, it is ORDERED that the motion is GRANTED. This case could have been brought in the transferee district. See 28 U.S.C. 1404(a). And the relevant public and private factors favor transfer as the parties consent to transfer the case to the district where the plaintiff's immigration application is pending, see Bourdon v. U.S. Dept of Homeland Sec., 235 F. Supp. 3d 298, 305-06 (D.D.C. 2017), none of the events underlying the plaintiff's claims occurred in this district, see Wolfram v. USCIS, 490 F. Supp. 3d 324 (D.D.C. 2020), and "[j]udges in both districts are presumed to be equally familiar with the federal laws governing this dispute," W. Watersheds Project v. Pool, 942 F. Supp. 2d 93, 101 (D.D.C. 2013). Accordingly, the Clerk of Court shall transfer this action to the United States District Court for the District of Kansas. It is FURTHER ORDERED that the government's time to respond to the complaint is extended through, and including, 21 days after this action is docketed in the transferee district. So Ordered by Judge Dabney L. Friedrich on April 20, 2021. (lcdlf2) [Transferred from District of Columbia on 5/4/2021.]
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| Filing 10 Consent MOTION to Transfer Case to the District of Kansas, MOTION for Extension of Time to File Answer re #9 Amended Complaint, by KENNETH CUCCINELLI, W. PATRICK MURPHY, MICHAEL POMPEO, U.S. CONSULATE, PHNOM PENH, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD WOLF. (Hair, Christopher) [Transferred from District of Columbia on 5/4/2021.] |
| Filing 9 AMENDED COMPLAINT against KENNETH CUCCINELLI, W. PATRICK MURPHY, MICHAEL POMPEO, U.S. CONSULATE, PHNOM PENH, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD WOLF filed by VANHAN SIM.(eg) [Transferred from District of Columbia on 5/4/2021.] |
| Set/Reset Deadlines: Answer due by 4/21/2021, (zjch) [Transferred from District of Columbia on 5/4/2021.] |
| Motion(s) terminated: #7 Consent MOTION for Extension of Time to File Answer re #1 Complaint, filed by U.S. CONSULATE, PHNOM PENH, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, W. PATRICK MURPHY, KENNETH CUCCINELLI, CHAD WOLF, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, MICHAEL POMPEO, UNITED STATES DEPARTMENT OF STATE, #8 MOTION for Leave to File BY CONSENT filed by VANHAN SIM. Motions addressed by minute order dated April 7, 2021. (lcdlf2) [Transferred from District of Columbia on 5/4/2021.] |
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MINUTE ORDER granting the plaintiff's #8 Consent Motion to Amend the Complaint. The Clerk of Court shall docket [8-1] as the plaintiff's Amended Complaint. It is FURTHER ORDERED that the defendants' #7 Consent Motion for Extension of Time to Answer is DENIED AS MOOT. The defendants shall answer or otherwise respond to the Amended Complaint on or before April 21, 2021. See Fed. R. Civ. P. 15(a)(3). So Ordered by Judge Dabney L. Friedrich on April 7, 2021. (lcdlf2) [Transferred from District of Columbia on 5/4/2021.]
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| Filing 8 MOTION for Leave to File BY CONSENT by VANHAN SIM. (Attachments: #1 Exhibit Proposed First Amended Complaint, #2 Exhibit Redlined First Amended Complaint)(Hacking, James) [Transferred from District of Columbia on 5/4/2021.] |
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MINUTE ORDER. The docket reflects that the plaintiff has filed an amended complaint. However, the plaintiff's filing does not comply with Federal Rule of Civil Procedure 15 or the Court's standard order governing amended pleadings. See Fed. R. Civ. P. 15(a)(1)-(2). As a result, the Court will strike the plaintiff's #5 Amended Complaint, but it will permit the plaintiff to file a motion for leave to amend that complies with both Federal Rule of Civil Procedure 15 and the Court's standard order. So Ordered by Judge Dabney L. Friedrich on March 23, 2021. (lcdlf2) [Transferred from District of Columbia on 5/4/2021.]
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| Filing 7 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by KENNETH CUCCINELLI, W. PATRICK MURPHY, MICHAEL POMPEO, U.S. CONSULATE, PHNOM PENH, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD WOLF. (Hair, Christopher) [Transferred from District of Columbia on 5/4/2021.] |
| Filing 6 NOTICE of Appearance by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) [Transferred from District of Columbia on 5/4/2021.] |
| Filing 5 AMENDED COMPLAINT against All Defendants filed by VANHAN SIM.(Hacking, James) [Transferred from District of Columbia on 5/4/2021.] |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH CUCCINELLI served on 1/19/2021; W. PATRICK MURPHY served on 1/25/2021; MICHAEL POMPEO served on 1/25/2021; U.S. CONSULATE, PHNOM PENH served on 1/25/2021; UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 1/19/2021; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 1/19/2021; UNITED STATES DEPARTMENT OF STATE served on 1/25/2021; CHAD WOLF served on 1/19/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/19/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/19/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 3/20/2021.) (Attachments: #1 Exhibit)(Hacking, James) [Transferred from District of Columbia on 5/4/2021.] |
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Filing 3
STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on January 11, 2021. (lcdlf2) [Transferred from District of Columbia on 5/4/2021.]
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| Filing 2 SUMMONS (10) Issued Electronically as to KENNETH CUCCINELLI, W. PATRICK MURPHY, MICHAEL POMPEO, U.S. CONSULATE, PHNOM PENH, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD WOLF, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) [Transferred from District of Columbia on 5/4/2021.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8054333) filed by VANHAN SIM. (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)(Hacking, James) [Transferred from District of Columbia on 5/4/2021.] |
| Case Assigned to Judge Dabney L. Friedrich. (adh, ) [Transferred from District of Columbia on 5/4/2021.] |
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