Lin v. United States Citizenship and Immigration Services
| Jia Lin |
| United States Citizenship and Immigration Services |
| 1:2024cv07546 |
| October 23, 2024 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Other Immigration Actions |
| 28 U.S.C. ยง 1651 Petition for Writ of Mandamus |
| None |
Docket Report
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This docket was last retrieved on October 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 10 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (SDM) |
| Filing 9 Case transferred in from District of New York Southern; Case Number 1:24-cv-07846. Original file certified copy of transfer order and docket sheet received. |
| The case of Lin v. United States Citizenship and Immigration Services, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-cv-7546. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SDM) |
Filing 8
STIPULATION AND ORDER TO TRANSFER VENUE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties and their respective counsel, that: 1. This case shall be transferred, pursuant to 28 U.S.C. 1406(a), to the United States District Court for the Eastern District of New York; 2. The deadline for the defendant to submit its response to the complaint shall be tolled, pending the establishment of a new case management schedu1e by the United States District Court for the Eastern District of New York; 3. This Stipulation and Order contains the entire agreement between the parties, and no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect; and 4. This Stipulation and Order may be signed in counterparts, each of which constitutes an original and an of which constitute one and the same Stipulation and Order. Facsimiles and/or PDFs of signatures shall have the same force and effect as original signatures and constitute acceptable, binding signatures for purposes of this Stipulation and Order. SO ORDERED. (Signed by Judge Arun Subramanian on 10/23/2024) (vfr) [Transferred from New York Southern on 10/29/2024.]
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| Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by United States Citizenship and Immigration Services..(Sun, Anthony) [Transferred from New York Southern on 10/29/2024.] |
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Filing 6
ORDER Pursuant to the Court's October 17 Order, ECF No. 5, plaintiff was required to either file an amended complaint that alleges venue in the Southern District of New York or voluntarily dismiss this case for refiling in the Eastern district by October 22, 2024. To date, plaintiff has not done so. As a courtesy, that deadline is hereby EXTENDED, nunc pro tunc, to October 25, 2024. SO ORDERED. (Amended Pleadings due by 10/25/2024.) (Signed by Judge Arun Subramanian on 10/23/2024) (jca) [Transferred from New York Southern on 10/29/2024.]
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Filing 5
ORDER: The complaint in this case alleges that venue is proper in the Eastern District of New York. By October 22, 2024, plaintiff should either file an amended complaint that alleges venue in the Southern District of New York or voluntary dismiss this case for refiling in the Eastern District. SO ORDERED. ( Amended Pleadings due by 10/22/2024.) (Signed by Judge Arun Subramanian on 10/17/2024) (vfr) [Transferred from New York Southern on 10/29/2024.]
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services. (vf) [Transferred from New York Southern on 10/29/2024.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joan Xie. The party information for the following party/parties has been modified: United States Citizenship and Immigration Services, Jia Lin. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf) [Transferred from New York Southern on 10/29/2024.] |
| Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) [Transferred from New York Southern on 10/29/2024.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) [Transferred from New York Southern on 10/29/2024.] |
| Case Designated ECF. (vf) [Transferred from New York Southern on 10/29/2024.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: #1 Complaint/Petition in the Nature of Mandamus. Document filed by Jia Lin..(Xie, Joan) [Transferred from New York Southern on 10/29/2024.] |
| Filing 2 CIVIL COVER SHEET filed..(Xie, Joan) [Transferred from New York Southern on 10/29/2024.] |
| Filing 1 COMPLAINT IN THE NATURE OF MANDAMUS against United States Citizenship and Immigration Services (Filing Fee $ 405.00, Receipt Number ANYSDC-30048382).Document filed by Jia Lin. (Attachments: #1 Exhibit all exhibits).(Xie, Joan) [Transferred from New York Southern on 10/29/2024.] |
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| Plaintiff: Jia Lin | |
| Represented By: | Joan Xie |
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| Defendant: United States Citizenship and Immigration Services | |
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