Mendoza v. USCIS
| Jesus Mendoza |
| USCIS New York District Office and USCIS |
| 1:2021cv09296 |
| November 10, 2021 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Katharine H Parker |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.
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| Received returned mail re: #7 Order Set Deadlines Mail Order by USPS. Mail was addressed to Jesus Mendoza (Renaissance Shelter) 599 Ralph Avenue, New York, NY 11233 and was returned for the following reason(s): Return To Sender- Attempted - Not Known- Unable To Forward. (ta) |
Filing 17
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Katharine H. Parker. Motions Dkt. Nos. 4, 14 referred to Katharine H. Parker. (Signed by Judge Alison J. Nathan on 12/20/2021) (vfr)
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| Filing 16 MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss Case as Frivolous . MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss . . Document filed by USCIS..(Byars, Michael) |
| Filing 15 DECLARATION of Quan K. Luong in Support re: #14 MOTION to Dismiss Case as Frivolous . MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss .. Document filed by USCIS..(Byars, Michael) |
| Filing 14 MOTION to Dismiss Case as Frivolous ., MOTION to Dismiss for Lack of Jurisdiction ., MOTION to Dismiss . Document filed by USCIS..(Byars, Michael) |
| Filing 13 AMENDED COMPLAINT against USCIS.Document filed by Jesus Mendoza.(sc) |
| Filing 12 CERTIFICATE OF SERVICE of November 19, 2021 Order (ECF No. 7) and governments November 22, 2021 letter (ECF No. 8) served on Jesus Mendoza on November 23, 2021. Service was made by Mail (Federal Express). Document filed by USCIS. (Attachments: #1 Federal Express label, #2 Federal Express delivery confirmation).(Byars, Michael) |
| Mailed a copy of #11 Order for Initial Pretrial Conference, to Jesus Mendoza at 988 Myrtle Avenue, Brooklyn, NY 11206. (dsh) |
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Filing 11
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Initial Conference set for 2/8/2022 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. The Clerk of Court is respectfully requested to mail a copy of this order to the Pro-se litigant at the following addresses: Jesus Mendoza, 988 Myrtle Avenue, Brooklyn, NY 11206 & Jesus Mendoza, (Renaissance Shelter) 599 Ralph Avenue, New York, NY 11233. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/23/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing 10
MEMO ENDORSEMENT on re: #8 Letter filed by USCIS. ENDORSEMENT: The Court has received the Government's update. The Clerk's office is respectfully directed to update Mr. Mendoza's contact information on ECF with the above phone number and address. The Clerk's office is further directed to mail a copy of this Order to Mr. Mendoza. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/23/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing 9
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/23/2021) (vfr)
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| Mailed a copy of #7 Order, Set Deadlines, to : Jesus Mendoza 988 Myrtle Avenue, Brooklyn, NY 11206 & Jesus Mendoza (Renaissance Shelter) 599 Ralph Avenue, New York, NY 11233 (ca) |
| Mailed a copy of #10 Memo Endorsement to Jesus Mendoza at 988 Myrtle Avenue, Brooklyn, NY 11206. (kh) |
| Filing 8 LETTER addressed to Judge Alison J. Nathan from AUSA Michael J. Byars dated November 22, 2021 re: plaintiff's new address and cellphone number. Document filed by USCIS..(Byars, Michael) |
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Filing 7
ORDER: On November 17, 2021, Defendant filed a motion to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. However, since Plaintiff is proceeding pro se, he shall be given additional time to amend the complaint. Accordingly, it is hereby ORDERED that if Plaintiff intends to file an amended complaint, he shall do so by December 17, 2021. Plaintiff is hereby advised that any amended complaint will completely replace the original complaint. Accordingly, if Plaintiff files an amended complaint, it should include all of the information he believes is necessary to make a short, plain statement explaining why he is entitled to relief against each defendant. Plaintiff is on notice that declining to amend his pleadings to timely respond to a fully briefed argument in the Defendant's November 17 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendants' briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility."). If Plaintiff chooses to amend, Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that they intend to rely on the initially-filed motion to dismiss. IT IS FURTHER ORDERED that if no amended complaint is filed, Plaintiff shall serve his opposition to Defendant's motion to dismiss by December 17, 2021. Defendant's reply, if any, shall be served by January 2, 2022. IT IS FURTHER ORDERED that either party may request an extension of the briefing schedule for the motion. A deadline will be extended if the party demonstrates that its pursuit of the action has been diligent and that there is a good reason for extending the deadline. Chambers will mail a copy of this Order to Plaintiff and that mailing will be noted on the docket. SO ORDERED. ( Amended Pleadings due by 12/17/2021.) (Signed by Judge Alison J. Nathan on 11/18/2021) (vfr)
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| Filing 6 CERTIFICATE OF SERVICE of Notice of Motion (ECF No. 4) and Memorandum of Law in Support of Motion to Dismiss (ECF No. 5), together with copies of all unpublished court decisions cited therein served on Jesus Mendoza on November 17, 2021. Service was made by Mail (Federal Express). Document filed by USCIS. (Attachments: #1 Federal Express label, #2 Federal Express delivery confirmation).(Byars, Michael) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Dismiss Case as Frivolous . MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss for failure to state a claim. . Document filed by USCIS..(Byars, Michael) |
| Filing 4 MOTION to Dismiss Case as Frivolous ., MOTION to Dismiss for Lack of Jurisdiction ., MOTION to Dismiss for failure to state a claim. Document filed by USCIS..(Byars, Michael) |
| Filing 3 CERTIFICATE OF SERVICE of the Notice of Removal (and its accompanying exhibits); the Notification of Removal; the Electronic Case Filing Rules & Instructions of the United States District Court for the Southern District of New York and Addendum; and the Individual Practices and Special Rules of Practice in Civil Pro Se Cases of the Hon. Alison J. Nathan served on Jesus Mendoza on November 15, 2021. Service was made by Mail (Federal Express). Document filed by USCIS..(Byars, Michael) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael James Byars. The party information for the following party/parties has been modified: USCIS. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael James Byars. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 540 (Mandamus & Other). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 890 (Other Statutory Actions). (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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..(sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Katharine H. Parker 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| Filing 2 CIVIL COVER SHEET filed..(Byars, Michael) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, County of New York. Case Number: 101061/2021..Document filed by USCIS New York District Office. (Attachments: #1 Exhibit A - state court complaint in Mendoza v. USCIS, Index No. 101061/2021, #2 Exhibit B - state court filing receipt, #3 Exhibit C - state court summons, #4 Exhibit D - state court summons with notice).(Byars, Michael) |
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