Withers et al v. United States Citizenship and Immigration Services et al
| Alvin Jr Leon Withers and Marie Heidi Sharon Withers |
| United States Citizenship and Immigration Services, Kristi Noem and Terri A. Robinson |
| 2:2025cv00969 |
| October 29, 2025 |
| U.S. District Court for the District of Utah |
| Ann Marie McIff Allen |
| Jared C Bennett |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on April 23, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 REPLY to Response to Motion re #13 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support Alternatively, Motion to Dismiss for Failure to State a ClaimMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant United States Citizenship and Immigration Services. (Romney, Tiffany) |
Filing 16
ORDER granting #15 Motion for Extension of Time to File Response/Reply as to #13 Defendant's MOTION to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim. Defendants to file a reply brief in support of their motion to dismiss is extended to April 23, 2026. Replies due by 4/23/2026. Signed by Magistrate Judge Jared C. Bennett on 04/06/2026. (kpf)
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| Filing 15 Stipulated MOTION for Extension of Time to File Response/Reply as to #13 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support Alternatively, Motion to Dismiss for Failure to State a ClaimMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #14 Memorandum in Opposition to Motion, filed by Defendant United States Citizenship and Immigration Services. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Tiffany) |
| Filing 14 MEMORANDUM in Opposition re #13 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support Alternatively, Motion to Dismiss for Failure to State a Claim MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Alvin Jr Leon Withers, Marie Heidi Sharon Withers. (Bracken, Alec) |
| Modification of Docket: re #13 MOTION to Dismiss. Error: The filing suggests an additional motion. Correction: Additional event type added and text. Motion to Dismiss for failure to state a claim. No further action needed. (kpf) |
| Filing 13 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support, Added MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant United States Citizenship and Immigration Services. (Romney, Tiffany). Modified Added event type and added text on 3/3/2026 (kpf). |
| Filing 12 SUBSTITUTION OF COUNSEL Tiffany M. Romney replacing Joel A. Ferre as counsel on behalf of Kristi Noem, Terri A. Robinson, United States Citizenship and Immigration Services. Counsel selected to remove notice on this case as to the terminated attorney... (Romney, Tiffany) |
| Filing 11 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Defendants Kristi Noem, Terri A. Robinson, United States Citizenship and Immigration Services, Plaintiffs Alvin Jr Leon Withers, Marie Heidi Sharon Withers. (kpf) |
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Filing 10
ORDER granting #9 Motion for Extension of Time to Answer Complaint. The deadline for Defendants to respond to Plaintiffs complaint is extended to February 28, 2026. Answer deadline updated for Kristi Noem answer due 2/28/2026; Terri A. Robinson answer due 2/28/2026; United States Citizenship and Immigration Services answer due 2/28/2026. Signed by Magistrate Judge Jared C. Bennett on 12/31/2025. (kpf)
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| Filing 9 MOTION for Extension of Time to File Answer re #1 Complaint, and Memorandum in Support filed by Defendants Kristi Noem, Terri A. Robinson, United States Citizenship and Immigration Services. (Attachments: #1 Text of Proposed Order Granting Motion to Extend Time) Motions referred to Jared C. Bennett. Attorney Joel A. Ferre added to party Kristi Noem(pty:dft), Attorney Joel A. Ferre added to party Terri A. Robinson(pty:dft), Attorney Joel A. Ferre added to party United States Citizenship and Immigration Services(pty:dft)(Ferre, Joel) |
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Filing 8
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by District Judge Ann Marie McIff Allen on 10/30/2025. (pjd)
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| Filing 7 Summons Issued Electronically as to U.S. Department of Justice, District of Utah. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 6 Summons Issued Electronically as to U.S. Department of Justice, Washington D.C. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 5 Summons Issued Electronically as to United States Citizenship and Immigration Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 4 Summons Issued Electronically as to Terri A. Robinson. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 3 Summons Issued Electronically as to Kristi Noem. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 2 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail at the address on the form. Please do not efile the Consent Form in the case. Notice emailed to Plaintiffs Alvin Jr Leon Withers, Marie Heidi Sharon Withers. (Notice generated by clerks office) Form due by 11/19/2025. (kop) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-5600022) filed by Alvin Jr Leon Withers. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11) (Bracken, Alec) |
| District Judge Ann Marie McIff Allen added. Case number will now read 2:25-cv-00969-AMA. Please make changes to document captions accordingly. (kop) |
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