Alrubaie v. Nielsen et al
| Fadhil Alrubaie |
| Secretary Kirstjen Nielsen, Acting Director of F David Bowdich and District Dir., USCIS Thomas Cioppa |
| 1:2019cv01172 |
| September 11, 2019 |
| US District Court for the Eastern District of Virginia |
| Ivan D Davis |
| Liam O'Grady |
| Other Statutory Actions |
| 28 U.S.C. § 1651 |
| None |
Docket Report
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Filing 22
ORDER that the matter is DISMISSED WITH PREJUDICE. Signed by District Judge Liam O'Grady on 10/11/2019. (choy, )
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| Filing 21 STIPULATION of Dismissal with Prejudice by David Bowdich, Thomas Cioppa, Kirstjen Nielsen. (Spavins, Elizabeth) |
| Filing 20 NOTICE of Appearance by Elizabeth Anne Spavins on behalf of David Bowdich, Thomas Cioppa, Kirstjen Nielsen (Spavins, Elizabeth) |
| Filing 19 Case transferred in from District of Illinois Northern; Case Number 1:19-cv-02332. Original file and docket sheet received. |
| Filing 18 TRANSFERRED to the United States District Court for the Eastern District of Virginia the electric record. (jh, ) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 17 MINUTE entry before the Honorable Virginia M. Kendall. On 04/05/19, Fadhil Alrubaie sued the Secretary of Homeland Security and other federal officials seeking the immediate adjudication of his pending asylum application #1 . On 07/17/19, the federal defendants moved to dismiss or transfer for improper venue #10 arguing that Alrubaie lives in Philadelphia, Pennsylvania and the asylum office in Arlington, Virginia is the one now processing his application. The Court ordered briefing on the motion #12 but Alrubaie failed to timely respond. Finally, after the courtroom deputy contacted counsel for Alrubaie, he responded over two weeks late. In his response #16 , Alrubaie indicates he does not object to a transfer of venue. Id. Because Alrubaie concedes venue is improper in the Northern District of Illinois and agrees to a transfer, the Court grants the defendants' motion to transfer venue #10 in the interest of justice. 28 U.S.C. 1406(a); see al-Marri v. Rumsfeld, 360 F.3d 707, 709 (7th Cir. 2004) (applying the venue rule in an action against federal officials); see also Buerger v. Ellis, 740 F. App'x 500, 501 (7th Cir. 2018) (distinguishing the transfer statutes); In re LimitNone, LLC, 551 F.3d 572, 575 (7th Cir. 2008) (explaining that transfer under 1406(a) is appropriate only when venue is improper).The Clerk of this Court shall transmit this case to the Clerk of the United States District Court for the Eastern District of Virginia. The Court thanks counsel for the defendants for inquiring into the status of Alrubaie's application in Virginia. Civil case terminated. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 16 RESPONSE by Fadhil Alrubaie to MOTION by Defendants Thomas Cioppa, David Bowdich, Kirstjen Nielsen to dismiss or Transfer for Improper Venue #10 (Odeh, Reem) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 15 REPLY by David Bowdich, Thomas Cioppa, Kirstjen Nielsen to MOTION by Defendants Thomas Cioppa, David Bowdich, Kirstjen Nielsen to dismiss or Transfer for Improper Venue #10 (Treacy, Elizabeth) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 14 MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing held on 7/23/2019. Briefing schedule set as to Defendants' Motion to to dismiss or Transfer for Improper Venue #10 in Minute Entry #12 stands. Status hearing set for 9/24/2019 at 9:00 AM. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 13 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 7/23/2019 at 9:30 AM (TIME CHANGE ONLY). Mailed notice (lk, ) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 12 MINUTE entry before the Honorable Virginia M. Kendall: Briefing schedule set as to Defendants' motion to dismiss or transfer for improper venue #10 . Response due by 8/1/2019. Reply due by 8/8/2019. Mailed notice (cn). [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 11 NOTICE of Motion by Craig Arthur Oswald for presentment of motion to dismiss #10 before Honorable Virginia M. Kendall on 7/23/2019 at 09:00 AM. (Oswald, Craig) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 10 MOTION by Defendants Thomas Cioppa, David Bowdich, Kirstjen Nielsen to dismiss or Transfer for Improper Venue (Attachments: #1 Exhibit A)(Oswald, Craig) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 9 ATTORNEY Appearance for Plaintiff Fadhil Alrubaie by Mohammed W Ibrahim (Ibrahim, Mohammed) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 8 MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Agreed Motion for extension of time to answer or otherwise plead to Complaint #6 is granted. Answer shall be due by 7/17/2019. Initial Status hearing reset for 7/23/2019 at 9:00 AM. Motion and Status hearing set for 6/19/2019 are stricken. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 7 NOTICE of Motion by Craig Arthur Oswald for presentment of motion for extension of time to file answer #6 before Honorable Virginia M. Kendall on 6/19/2019 at 09:00 AM. (Oswald, Craig) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 6 MOTION by Defendants David Bowdich, Thomas Cioppa, Kirstjen Nielsen for extension of time to file answer regarding complaint #1 (Oswald, Craig) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 5 MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 6/19/2019 at 9:00 a.m. Joint Status Report due by 6/14/2019. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 4 DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants David Bowdich, Thomas Cioppa, Kirstjen Nielsen (Oswald, Craig) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 3 DESIGNATION of Elizabeth Inez Treacy as U.S. Attorney for Defendants David Bowdich, Thomas Cioppa, Kirstjen Nielsen (Treacy, Elizabeth) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 2 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (gcy, ) [Transferred from Illinois Northern on 9/11/2019.] |
| SUMMONS Issued as to David Bowdich, Thomas Cioppa, Kirstjen Nielsen, U.S. Attorney, and U.S. Attorney General (pj, ) [Transferred from Illinois Northern on 9/11/2019.] |
| Filing 1 COMPLAINT filed by FADHIL ALRUBAIE; Filing fee $ 400, receipt number 0752-15682081. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Odeh, Reem) [Transferred from Illinois Northern on 9/11/2019.] |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (jjr, ) [Transferred from Illinois Northern on 9/11/2019.] |
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