Cunningham et al v. U.S. Citizenship & Immigration Services et al
Plaintiff: Kevin Cunningham and Gillian Cunningham
Defendant: U.S. CITIZENSHIP & IMMIGRATION SERVICES, KENNETH T. CUCCINELLI, in his official capacity as Acting Director, U.S. Citizenship & Immigration Services, DeSHAWNA WILLIAMS, in her official capacity as Field Office Director, U.S. Citizenship & Immigration Services, Memphis, Tennessee, KEVIN K. McALEENAN, in his official capacity as Acting Secretary, U.S. Department of Homeland Security, Kevin K. McAllenan, DeShawna Williams and Kenneth T. Cuccinelli
Case Number: 2:2019cv02454
Filed: July 16, 2019
Court: US District Court for the Western District of Tennessee
Presiding Judge: Thomas L Parker
Referring Judge: Diane K Vescovo
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05:551
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2019 Opinion or Order Filing 20 [**TEXT ORDER ONLY--NO IMAGE ATTACHED**] ORDER granting #19 Unopposed Motion to Stay proceedings until October 31, 2019. Signed by Judge Thomas L. Parker on 09/13/2019. (kah)
September 13, 2019 Filing 19 MOTION to Stay , proposed Order submitted by All Defendants. (Canale, Stuart)
August 21, 2019 Filing 18 SUMMONS Returned Executed by Kevin Cunningham, Gillian Cunningham. U.S. Citizenship & Immigration Services served on 7/24/2019, answer due 9/23/2019. U.S. Attorney served on 07/19/19. (Attachments: #1 Supplement Local delivery of summons)(Carter, Samuel)
August 21, 2019 Filing 17 SUMMONS Returned Executed by Kevin Cunningham, Gillian Cunningham. Kevin K. McAllenan served on 7/24/2019, answer due 9/23/2019. U.S. Attorney served on 07/19/19. (Attachments: #1 Supplement local delivery of summons)(Carter, Samuel)
August 21, 2019 Filing 16 SUMMONS Returned Executed by Kevin Cunningham, Gillian Cunningham. Kenneth T. Cuccinelli served on 7/24/2019, answer due 9/23/2019. U.S. Attorney served on 07/19/19. (Attachments: #1 Supplement Local delivery of summons)(Carter, Samuel)
August 21, 2019 Filing 15 SUMMONS Returned Executed by Kevin Cunningham, Gillian Cunningham. DeShawna Williams served on 7/24/2019, answer due 9/23/2019. U.S. Attorney served on 07/19/19. (Attachments: #1 Supplement Local delivery of summons)(Carter, Samuel)
July 17, 2019 Filing 14 NOTICE of Appearance by Diana M. Comes on behalf of Gillian Cunningham, Kevin Cunningham (Comes, Diana)
July 17, 2019 Filing 13 NOTICE of Appearance by Todd P. Photopulos on behalf of Gillian Cunningham, Kevin Cunningham (Photopulos, Todd)
July 17, 2019 Filing 3 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint,,,,,,, filed by Kevin Cunningham, Gillian Cunningham has been filed. However, the following deficiency has been found: Personal Identifiers on exhibit filings. See ECF Policies and Procedures 13.4.2 Redaction of Certain Personal Identifiers. Please refer to the #ECF User Manual and #ECF Policies and Procedures.. (jld) Modified on 7/17/2019 (jld).
July 16, 2019 Filing 12 Summons Issued as to U.S. Citizenship & Immigration Services. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
July 16, 2019 Filing 11 Summons Issued as to Kevin K. McAllenan. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
July 16, 2019 Filing 10 Summons Issued as to Kenneth T. Cuccinelli. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
July 16, 2019 Filing 9 Summons Issued as to DeShawna Williams - USCIS MEM. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
July 16, 2019 Filing 8 Summons Issued as to DeShawna Williams USCIS-DC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
July 16, 2019 Filing 7 Summons Issued as to D. Michael Dunavant. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
July 16, 2019 Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld)
July 16, 2019 Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld)
July 16, 2019 Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld)
July 16, 2019 Filing 2 Judge Thomas L. Parker and Chief Magistrate Judge Diane K. Vescovo added. (jld)
July 16, 2019 Filing 1 COMPLAINT FOR DECLARATORY, INJUNCTIVE, AND MANDAMAS RELIEF against DeSHAWNA WILLIAMS, in her official capacity as Field Office Director, U.S. Citizenship & Immigration Services, Memphis, Tennessee, KENNETH T. CUCCINELLI, in his official capacity as Acting Director, U.S. Citizenship & Immigration Services, KEVIN K. McALEENAN, in his official capacity as Acting Secretary, U.S. Department of Homeland Security, U.S. CITIZENSHIP & IMMIGRATION SERVICES (Filing fee $ 400 receipt number ATNWDC-3115791), filed by Kevin Cunningham, Gillian Cunningham. (Attachments: #1 Exhibit USCIS Decisions, #2 Exhibit USCIS enc I-290B Third Appeal Motion to Reopen and Reconsider re Gillian and Kevin Cunningham 3-29-201, #3 Exhibit USCIS Denials re Motions to Reopen or Reconsider I-485 - Gillian ad Kevin Cunningham 6-28-2019, #4 Exhibit Cunninghams 2008 Visa stamps, #5 Exhibit Affidavit of Gillian Cunningham, #6 Exhibit Kevin Cunninghams February 22, 2010 email to the London Consulate, #7 Exhibit Gillian Cunninghams 2010 visa stamp, #8 Exhibit Gillian Cunninghams 2010 EAD, #9 Exhibit Cunninghams' 2012 extension approvals, #10 Exhibit USCIS 2014 Request for Evidence, #11 Exhibit Gillian Cunningham's 2015 Visa approval, #12 Exhibit I-140 Receipt Notice, #13 Exhibit I-140 Approval, #14 Exhibit EAD Cards - Gillian and Kevin Cunningham - valid thru November 2019, #15 Civil Cover Sheet Civil Cover Sheet JS044-0219, #16 Summons Summons as to D. Michael Dunavant, #17 Summons Summons as to DeShawna Williams-USCIS DC, #18 Summons Summons as to DeShawna Williams-USCIS MEM, #19 Summons Summons as to Kenneth Cuccinelli-USCIS, #20 Summons Summons as to Kevin McAleenan, #21 Summons Summons as to USCIS)(Carter, Samuel)

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Search for this case: Cunningham et al v. U.S. Citizenship & Immigration Services et al
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Plaintiff: Kevin Cunningham
Represented By: Samuel Keenan Carter
Represented By: Todd P. Photopulos
Represented By: Diana M. Comes
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Plaintiff: Gillian Cunningham
Represented By: Samuel Keenan Carter
Represented By: Todd P. Photopulos
Represented By: Diana M. Comes
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Defendant: U.S. CITIZENSHIP & IMMIGRATION SERVICES
Represented By: Stuart J. Canale
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Defendant: KENNETH T. CUCCINELLI, in his official capacity as Acting Director, U.S. Citizenship & Immigration Services
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Defendant: DeSHAWNA WILLIAMS, in her official capacity as Field Office Director, U.S. Citizenship & Immigration Services, Memphis, Tennessee
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Defendant: KEVIN K. McALEENAN, in his official capacity as Acting Secretary, U.S. Department of Homeland Security
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Defendant: Kevin K. McAllenan
Represented By: Stuart J. Canale
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Defendant: DeShawna Williams
Represented By: Stuart J. Canale
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Defendant: Kenneth T. Cuccinelli
Represented By: Stuart J. Canale
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