FISHER et al v. CUCCINELLI II
| VALERIA FISHER and JOSIP VIVOD |
| KENNETH THOMAS CUCCINELLI II |
| 1:2021cv11406 |
| August 26, 2021 |
| US District Court for the District of Massachusetts |
| F Dennis Saylor |
| Other Immigration Actions |
| 05 U.S.C. § 0701 |
| None |
Docket Report
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| Filing 15 ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Danieli, Chris) |
| Filing 14 Case transferred in from District of District of Columbia; Case Number 1:20-cv-02905. |
MINUTE ORDER granting in part Defendant's #8 Motion to Transfer or Dismiss. "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 28 U.S.C. 1404(a). In deciding whether to transfer a case under 1404(a), the Court must (1) ensure venue is proper in the transferee district, and (2) balance public and private interest factors to determine which forum best serves the convenience of the parties and witnesses as well as the interest of justice. See Ctr. for Envtl. Sci., Accuracy & Reliability v. Nat'l Park Serv., 75 F. Supp. 3d 353, 356 (D.D.C. 2014). Venue is clearly proper in the transferee district, the District of Massachusetts, because plaintiffs reside there. See ECF No. 1 ¶ 2; 28 U.S.C. 1391(e)(1)(C). And as other courts in this district have repeatedly found, the public and private interest factors favor transfer to the district where a plaintiff resides and the visa petition at issue has been reviewed or is pending, which in this case is the District of Massachusetts. See, e.g., McAfee, LLC v. U.S. Citizenship & Immigration Servs., 19-cv-2981 (DLF), 2019 WL 6051559, at *1-2 (D.D.C. Nov. 15, 2019); Ngonga v. Sessions, 318 F. Supp. 3d 270, 275-77 (D.D.C. 2018); Gyau v. Sessions, 18-cv-407 (RCL), 2018 WL 4964502, at *1-2 (D.D.C. Oct. 15, 2018); Aishat v. Dept of Homeland Sec., 288 F. Supp. 3d 261, 269-72 (D.D.C. 2018). Plaintiffs' cited cases are not to the contrary, for this is not an instance where a plaintiff is challenging a national policy or action by high-level officials in the District of Columbia. See Stewart v. Azar, 308 F. Supp. 3d 239, 246-47 (D.D.C. 2018); Ravulapalli v. Napolitano, 773 F. Supp. 2d 41, 56 (D.D.C. 2011); Wilderness Society v. Babbitt, 104 F. Supp. 2d 10, 13-14 (D.D.C. 2000). Plaintiffs identify no such policy or action. Therefore, it is hereby ORDERED that Defendant's motion is GRANTED in part, to the extent that it seeks transfer. The Clerk of Court is directed to TRANSFER this case to the District of Massachusetts. Signed by Judge Timothy J. Kelly on 8/11/2021. (lctjk1)
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MINUTE ORDER treating as unopposed and granting Defendant's #13 Motion to Stay. It is hereby ORDERED, for good cause shown, that summary judgment briefing in this case is STAYED pending resolution of Defendant's motion to transfer. Signed by Judge Timothy J. Kelly on 3/22/2021. (lctjk1)
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| Filing 13 MOTION to Stay re 10 MOTION for Summary Judgment , or in the alternative,, MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment by KENNETH THOMAS CUCCINELLI II. (Seabrook, April) |
| Filing 12 REPLY to opposition to motion re #8 MOTION to Transfer Case MOTION to Dismiss filed by KENNETH THOMAS CUCCINELLI II. (Seabrook, April) |
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MINUTE ORDER treating as unopposed and granting Defendant's #11 Motion for Extension of Time. It is hereby ORDERED, nunc pro tunc and for good cause shown, that Defendant's motion is GRANTED. Defendant shall file his reply in support of his #8 Motion to Transfer and Motion to Dismiss by March 19, 2021. Signed by Judge Timothy J. Kelly on 3/16/2021. (lctjk1)
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| Filing 11 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Transfer Case MOTION to Dismiss by KENNETH THOMAS CUCCINELLI II. (Seabrook, April) |
| Filing 10 MOTION for Summary Judgment by VALERIA FISHER, JOSIP VIVOD. See Docket Entry #9 to view document. (ztth) |
| Filing 9 Memorandum in opposition to re #8 MOTION to Transfer Case MOTION to Dismiss and in support of Plaintiffs' Motion for Summary Judgment filed by VALERIA FISHER, JOSIP VIVOD. (Attachments: #1 Motion for Summary Judgment, #2 Statement of Facts, #3 Declaration Josip Vivod Declaration, #4 Text of Proposed Order)(Goldstein, Joshua) |
| Filing 8 MOTION to Transfer Case , MOTION to Dismiss by KENNETH THOMAS CUCCINELLI II. (Seabrook, April) |
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MINUTE ORDER granting Defendant's #7 Consent Motion for Extension of Time to File Answer. It is hereby ORDERED, for good cause shown, that Defendant's Motion is GRANTED. Defendant shall file his response to Plaintiffs' #1 Petition by March 1, 2021. Signed by Judge Timothy J. Kelly on 12/28/2020. (lctjk1)
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| Filing 7 Consent MOTION for Extension of Time to File Answer by KENNETH THOMAS CUCCINELLI II (Seabrook, April) |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants (Goldstein, Joshua) |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/30/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 12/29/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH THOMAS CUCCINELLI II served on 10/16/2020 (Goldstein, Joshua) |
| Filing 4 NOTICE of Appearance by April Denise Seabrook on behalf of KENNETH THOMAS CUCCINELLI II (Seabrook, April) |
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Filing 3
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 10/15/2020. (lctjk1)
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| Filing 2 SUMMONS (3) Issued Electronically as to KENNETH THOMAS CUCCINELLI II, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent) (zmd) |
| Case Assigned to Judge Timothy J. Kelly. (zmd) |
| Filing 1 PETITION FOR WRIT OF MANDAMUS against KENNETH THOMAS CUCCINELLI II ( Filing fee $ 400 receipt number ADCDC-7698173) filed by VALERIA FISHER, JOSIP VIVOD. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Goldstein, Joshua) |
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