Xu v. Bowes et al
Plaintiff: Kangkang Xu
Defendant: District Director Lee F. Bowes, Acting Secretary DHS Chad Wolf, Director of USCIS Kenneth T. Cuccinelli, Texas Service Center, Director Susan Quintana and US Atty General William Barr
Case Number: 1:2020cv05103
Filed: October 23, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: Rachel P Kovner
Nature of Suit: Other Immigration Actions
Cause of Action: 05 U.S.C. ยง 702 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2020 Filing 9 JUDGMENT: ORDERED and ADJUDGED that this action is dismissed without prejudice, with each party to bear its own costs, expenses, and fees. Signed Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 11/30/2020. (Almonte, Giselle)
November 25, 2020 Opinion or Order ORDER DISMISSING CASE: Please refer to the stipulation of dismissal at #8 . The motion for an extension of time to file at #7 is mooted in light of the dismissal. Ordered by Judge Rachel P. Kovner on 11/25/2020. (Kahwash, Sarah)
November 24, 2020 Filing 8 STIPULATION of Dismissal without prejudice, respectfully submitted for the Court's endorsement by William Barr, Lee F. Bowes, Kenneth T. Cuccinelli, Susan Quintana, Texas Service Center, Chad Wolf (Freismuth, Megan)
November 24, 2020 Filing 7 Letter MOTION for Extension of Time to File Answer by William Barr, Lee F. Bowes, Kenneth T. Cuccinelli, Susan Quintana, Texas Service Center, Chad Wolf. (Freismuth, Megan)
November 24, 2020 Opinion or Order ORDER: A review of the docket entries in this action indicates that the defendants were served with the summons and complaint and their answers were due 11/17/2020. To date, no answer has been filed. No later 12/10/2020, one of the following events must occur: (a) the defendants must file an answer, (b) the parties must file a stipulation extending the defendants' time to answer, or (c) the plaintiff must file a request for a certificate of default. If none of the preceding events occurs by the deadline set forth above, I may deem the plaintiff to have abandoned the case and dismiss the case for failure to prosecute. Plaintiff's counsel is directed to provide a copy of this order to their client and to the defendant. See Fed. R. Civ. P. 41(b). Ordered by Judge Rachel P. Kovner on 11/24/2020. (Kahwash, Sarah)
November 20, 2020 Filing 6 SUMMONS Returned Executed by Kangkang Xu. William Barr served on 10/27/2020, answer due 11/17/2020; Lee F. Bowes served on 10/27/2020, answer due 11/17/2020; Kenneth T. Cuccinelli served on 10/27/2020, answer due 11/17/2020; Susan Quintana served on 10/27/2020, answer due 11/17/2020; Texas Service Center served on 10/27/2020, answer due 11/17/2020; Chad Wolf served on 10/27/2020, answer due 11/17/2020. (De Luca, Stephen)
November 5, 2020 Filing 5 NOTICE of Appearance by Megan Jeanette Freismuth on behalf of All Defendants (aty to be noticed) (Freismuth, Megan)
October 23, 2020 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
October 23, 2020 Filing 3 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. (Bowens, Priscilla)
October 23, 2020 Filing 2 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla)
October 23, 2020 Filing 1 COMPLAINT FOR WRIT IN THE NATURE OF MANDAMUS against All Defendants filing fee $ 400, receipt number ANYEDC-13574929 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Kangkang Xu. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Summons in a Civil Action, #3 Exhibit Exhibits) (De Luca, Stephen)
October 23, 2020 Case Assigned to Judge Rachel P. Kovner. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

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Plaintiff: Kangkang Xu
Represented By: Stephen De Luca
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Defendant: District Director Lee F. Bowes
Represented By: Megan Jeanette Freismuth
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Defendant: Acting Secretary DHS Chad Wolf
Represented By: Megan Jeanette Freismuth
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Defendant: Director of USCIS Kenneth T. Cuccinelli
Represented By: Megan Jeanette Freismuth
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Defendant: Texas Service Center
Represented By: Megan Jeanette Freismuth
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Defendant: Director Susan Quintana
Represented By: Megan Jeanette Freismuth
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Defendant: US Atty General William Barr
Represented By: Megan Jeanette Freismuth
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