Zheng v. Whitaker et al
| Kun Zheng |
| U.S. Attoney Geoffrey S. Berman, Matthew Whitaker and Lee Francis Cissna |
| 1:2019cv01327 |
| March 1, 2019 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| Other Immigration Actions |
| 8 U.S.C. § 1446 Petition for Naturalization Hearing |
| None |
Docket Report
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| Filing 12 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 11 Case transferred in from District of New York Southern; Case Number 1:19-cv-01004. Original file certified copy of transfer order and docket sheet received. |
Filing 10
MEMO ENDORSEMENT on re: #9 Response to Order to Show Cause filed by Kun Zheng. ENDORSEMENT: Application granted in part. The Court accepts Plaintiff's proffer that this case does not involve a naturalization petition, and that any reference in the complaint to 8 U.S.C. 1447(b) was in error. However, even if venue is proper here, the Court may transfer a matter "[f]or the convenience of the parties and witnesses, in the interest of justice." 28 U.S.C. 1404(a). Plaintiff resides in Queens, NY, Plaintiff's counsel is located in Queens, and the office of Homeland Security with which she has been corresponding regarding her asylum application is also located in Queens. See Dkt. No. 1 at 8. Accordingly, for the convenience of the parties and potential witnesses, and in the interest of justice, Plaintiff's request to transfer this action to the Eastern District of New York is granted. The Clerk of Court is directed to transfer this matter to the United States District Court for the Eastern District of New York without delay. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/1/2019) (anc) [Transferred from New York Southern on 3/7/2019.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (anc) [Transferred from New York Southern on 3/7/2019.] |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re: #7 Order to Show Cause,. Document filed by Kun Zheng. (Bredin, David) [Transferred from New York Southern on 3/7/2019.] |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kun Zheng.(Bredin, David) [Transferred from New York Southern on 3/7/2019.] |
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Filing 7
ORDER TO SHOW CAUSE: Accordingly, Plaintiffs are hereby ORDERED TO SHOW CAUSE by March 1, 2019 as to why this action should not be dismissed for lack of subject matter jurisdiction. In that submission, the Court expects Plaintiffs to provide their view on transfer to the Eastern District of New York as an alternative to dismissal. Plaintiffs are directed to serve this order on Defendants and retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/22/2019) (anc) [Transferred from New York Southern on 3/7/2019.]
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| Filing 6 JOINT LETTER addressed to Judge Gregory H. Woods from Simon Nakajima dated February 21, 2019 re: Order, dated February 12, 2019 for parties to discuss whether they are willing to consent to conducting all further proceedings before the assigned Magistrate Judge. Document filed by Geoffrey S. Berman, Lee Francis Cissna, Matthew Whitaker.(Nakajima, Simon) [Transferred from New York Southern on 3/7/2019.] |
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Filing 5
ORDER. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge, and as further specified and set forth in this Order. So ordered. (Signed by Judge Gregory H. Woods on 2/12/2019) (rjm) [Transferred from New York Southern on 3/7/2019.]
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| Filing 4 NOTICE OF APPEARANCE by Simon Nakajima on behalf of Geoffrey S. Berman, Lee Francis Cissna, Matthew Whitaker. (Nakajima, Simon) [Transferred from New York Southern on 3/7/2019.] |
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Filing 3
NOTICE OF INITIAL CONFERENCE: Initial Conference set for 4/23/2019 at 04:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods; and as further set forth in this Order. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/7/2019) (anc) [Transferred from New York Southern on 3/7/2019.]
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) [Transferred from New York Southern on 3/7/2019.] |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) [Transferred from New York Southern on 3/7/2019.] |
| Case Designated ECF. (pne) [Transferred from New York Southern on 3/7/2019.] |
| Filing 2 CIVIL COVER SHEET filed. (Bredin, David) [Transferred from New York Southern on 3/7/2019.] |
| Filing 1 COMPLAINT IN THE NATURE OF MANDAMUS against Geoffrey S. Berman, Lee Francis Cissna, Matthew Whitaker (Filing Fee $ 400.00, Receipt Number ANYSDC-16279700).Document filed by Kun Zheng.(Bredin, David) [Transferred from New York Southern on 3/7/2019.] |
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