Abdalmesseh v. Mayorkas et al
| Merna Abdalmesseh |
| Secretary Alejandro Mayorkas, Ur M Jaddou and Director Robert Daum |
| 4:2024cv00381 |
| April 30, 2024 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Immigration: Other Immigration Actions |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| None |
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| Filing 10 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw) |
| Filing 9 Case electronically transferred in from District of District of Columbia; Case Number 1:24-cv-00372. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9, 10. Tue Apr 30 14:59:43 CDT 2024 (crt) |
MINUTE ORDER granting #8 Consent Motion to Transfer and Extend Time to Respond. A case may be transferred to any district where venue is also proper "[f]or the convenience of parties and witnesses, in the interest of justice." 28 U.S.C. 1404(a). "Section 1404(a) is intended to place discretion in the district court to adjudicate motions for transfer according to an individualized, case-by-case consideration of convenience and fairness." Ctr. for Env't Sci., Accuracy & Reliability v. Nat'l Park Serv., 75 F. Supp. 3d 353, 356 (D.D.C. 2014) (cleaned up). "The first step in resolving a motion for transfer of venue under 1404(a) is to determine whether the proposed transferee district is one where the action 'might have been brought.'" Id. (quoting 28 U.S.C. 1404(a)). "In actions raising a federal question by naming as a defendant a federal agency or United States official in his or her official capacity, venue is proper in any judicial district where (1) 'a defendant in the action resides;' (2) 'a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is subject of the action is situated;' or (3) a plaintiff resides if no real property is involved in the action.'" Id. (quoting 28 U.S.C. 1391(e)(1)). Here, Plaintiff resides in the Northern District of Texas (Transferee District). Thus, this case "might have been brought" in that district.Having made this threshold determination, "the Court must weigh the public and private interests" in transferring the case. McAfee LLC v. USCIS, No. 19-cv-2981, 2019 WL 6051559, at *1 (D.D.C. Nov. 15, 2019). "[T]he Court considers the following private interest factors: (1) the plaintiff's choice of forum, unless the balance of convenience is strongly in favor of the defendants; (2) the defendants' choice of forum; (3) whether the claim arose elsewhere; (4) the convenience of the parties, (5) the convenience of the witnesses of the plaintiff and defendant, but only to the extent that the witnesses may actually be unavailable for trial in one of the fora; and (6) the ease of access to sources of proof." Bourdon v. Dep't of Homeland Sec., 235 F. Supp. 3d 298, 305 (D.D.C. 2017) (cleaned up). There are three public interest factors that the Court also considers in assessing a request to transfer: (1) the transferee's familiarity with the governing laws and the pendency of related actions in the transferee's forum; (2) the relative congestion of the calendars of the potential transferee and transferor courts; and (3) the local interest in deciding local controversies at home." Id. at 308 (cleaned up). In the present matter, after balancing the relevant factors, and in light of Plaintiff's consent, the Court concludes that transfer is appropriate. It is hereby ORDERED that this case be transferred to the Northern District of Texas, and the Clerk of the Court shall transfer this action to the United States District Court for the Northern District of Texas. It is further ORDERED that Defendants' time to respond to the complaint is extended until, and through, 21 days after this action is docketed in the Transferee District. SO ORDERED. Signed by Judge Ana C. Reyes on 4/19/2024. (lcsj) [Transferred from District of Columbia on 4/30/2024.]
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| Filing 8 Consent MOTION to Transfer Case to N.D. Tex. by ROBERT DAUM, UR M. JADDOU, ALEJANDRO MAYORKAS. (Venguswamy, Kartik). Added MOTION for Extension of Time to Respond on 4/17/2024 (zdp). [Transferred from District of Columbia on 4/30/2024.] |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/13/2024. (Eskandar, Fady) [Transferred from District of Columbia on 4/30/2024.] |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/13/2024. Answer due for ALL FEDERAL DEFENDANTS by 4/13/2024. (Eskandar, Fady) [Transferred from District of Columbia on 4/30/2024.] |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT DAUM served on 2/12/2024 (Eskandar, Fady) [Transferred from District of Columbia on 4/30/2024.] |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UR M. JADDOU served on 2/12/2024 (Eskandar, Fady) [Transferred from District of Columbia on 4/30/2024.] |
| Filing 3 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEJANDRO MAYORKAS served on 2/12/2024 (Eskandar, Fady) [Transferred from District of Columbia on 4/30/2024.] |
| Filing 2 SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zcb) [Transferred from District of Columbia on 4/30/2024.] |
| Case Assigned to Judge Ana C. Reyes. (zcb) [Transferred from District of Columbia on 4/30/2024.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10675648) filed by MERNA ABDALMESSEH. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet #3 Summons 1, #4 Summons 2, #5 Summons 3, #6 Summons 4, #7 Summons 5)(Eskandar, Fady) Modified on 2/9/2024 (zcb). [Transferred from District of Columbia on 4/30/2024.] |
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