Case: Service Employees International Union v. Chertoff

Service Employees International Union, et. al v. Chertoff

Service Employees International Union, et. al v. Chertoff

Service Employees International Union, et. al v. Chertoff

Complaint For Declaratory and Injunctive Relief. Request For Oral Argument. Filing Fee in amount of $350 collected. Receipt No. 17153 issued.Summons issued as to Emilo T. Gonzalez ; United States Attorney; Michael Chertoff.Filed by Service Employees International Union, Pineros Y Campesinos Unidos Del Noroeste against Michael Chertoff, Emilio T. Gonzalez. (cib) (Entered: 08/28/2007)

Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Michael W. Mosman. Discovery is to be completed by 12/26/2007. Joint Alternate Dispute Resolution Report is due by 1/25/2008. Pretrial Order is due by 1/25/2008. (cib) (Entered: 08/28/2007)

Order Granting Application for Special Admission Pro Hac Vice of Matt Adams for Service Employees International Union and Pineros Y Campesinos Unidos Del Noroeste. Application Fee in amount of $100 collected. Receipt No. 17154 issued. Signed on 09/04/07 by Judge Michael W. Mosman. (pvh) (Entered: 09/06/2007)

Return of Service Executed. as to Michael Chertoff served on 9/4/2007; Emilio T. Gonzalez served on 9/4/2007 Service specifically made upon Local US Attorney, Agency Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/13/2007)

Return of Service Executed. Service specifically made upon Agency Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/15/2007)

Return of Service Executed. Service specifically made upon Agency Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/15/2007)

Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) . Oral Argumentrequested Filed by Michael Chertoff, Emilio T. Gonzalez. (Cox, James) (Entered: 10/29/2007)

Memorandum in Support Defendants Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) . Filed by Michael Chertoff, Emilio T. Gonzalez. (Related document(s): Motion to Dismiss 7 .) (Attachments: # 1 Attachment A# 2 Attachment B# 3 Attachment C) (Cox, James) (Entered: 10/29/2007)

Notice of Association of Attorney Kathryn Louise Moore and James E. Cox, Jr for Michael Chertoff and Emilio T. Gonzalez.Filed by Michael Chertoff, Emilio T. Gonzalez. (Cox, James) (Entered: 10/29/2007)

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) 7 . Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/29/2007)

ORDER: GRANTING Motion for Extension of Time to File Response/Reply 10 . Response is due by 11/19/2007, for the motion to dismiss (#7). Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/30/2007)

First Amended Complaint.Filed by Service Employees International Union, Pineros Y Campesinos Unidos Del Noroeste against all defendants. (Manning, Stephen) (Entered: 11/19/2007)

Notice re Amended Complaint 13 pursuant to LR 15 .Filed by all plaintiffs. (Related document(s): Amended Complaint 13 .) (Manning, Stephen) (Entered: 11/19/2007)

Joint Motion to Set Briefing Schedule For Defendants Motion to Dismiss the First Amended Complaint . Filed by all parties. (Cox, James) (Entered: 11/28/2007)

Record of Order by Michael W. Mosman. Order GRANTING FINDING AS MOOT Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (#15). Dispositive Motions are due by 12/21/2007. Responses to Dispositive Motions are due by 1/18/2008. Replies to Dispositive Motions are due by 2/8/2008. FINDING AS MOOT Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (#7). Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/29/2007)

Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. On 11/9/07, the new U.S. Attorney General, Michael Mukasey, was sworn into office, officially replacing Alberto Gonzales. Therefore Michael Mukasey is the new first named defendant in this case, effective nunc pro tunc 11/9/07. (cib) (Entered: 12/03/2007)

Order for Administrative Correction of the Record regarding Administrative Correction of the Record, 17 . Alberto Gonzales is not a listed party for this case. Disregard the Correction of of Record(#17) A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. (cib) (Entered: 12/05/2007)

Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) . Oral Argumentrequested Filed by all defendants. (Cox, James) (Entered: 12/21/2007)

Memorandum in Support of Defendants Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) . Filed by all defendants. (Related document(s): Motion to Dismiss 19 .) (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C) (Cox, James) (Entered: 12/21/2007)

Response in Opposition to Motion to Dismiss Amended Complaint . Filed by all plaintiffs. (Manning, Stephen) (Entered: 01/18/2008)

Unopposed Motion to Supplement Plaintiffs' Response to Motion to Dismiss . Filed by all plaintiffs. (Manning, Stephen) (Entered: 01/24/2008)

Memorandum in Support Plaintiffs' Motion to Supplement Response . Filed by all plaintiffs. (Related document(s): Motion to Supplement 22 .) (Manning, Stephen) (Entered: 01/24/2008)

Supplemental Response in Opposition to Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) 19 . Filed by all plaintiffs. (Attachments: # 1 Attachment) (Manning, Stephen) (Entered: 01/24/2008)

ORDER: GRANTING Unopposed Motion to Supplement Plaintiffs' Response to Motion to Dismiss 22 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/24/2008)

Defendants Reply to Plaintiffs Response to Defendants Motion to Dismiss. Filed by all defendants. (Related document(s): Response in Opposition to Motion 21 , Response in Opposition to Motion 24 .) (Cox, James) Modified on 2/11/2008 (Brost, Colleen). (Entered: 02/08/2008)

Record of Order by Michael W. Mosman. Please come prepared to discuss 5 U.S.C. § 701(a)(2) as it relates to USCIS setting fee levels. Also be prepared to discuss waiver as it relates to the N−400 fee for naturalization. Ordered by Judge Michael W. Mosman. (dls) (Entered: 04/11/2008)

MINUTES of Proceedings: Motion Hearing. Order GRANTING IN PART/DENYING IN PART Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (#19) as stated on the record. Order GRANTING Motion to Dismiss as to Claims 1 and 3. Order GRANTING Motion to Dismiss, as to Claim 2 as it relates to bundling dependant on claim 1; Order DENYING Motion to Dismiss, as to Claim 2 as it relates to pure bundling and double−charging, as stated on the record. Stephen W Manning, Jennifer M Rotman and Jessica M Boell present as counsel for plaintiff(s). Kathryn Louise Moore, and Phillip Elder present as counsel for defendant(s). Court Reporter: Dennis Grube. Michael W. Mosman presiding. (dls) (Entered: 04/18/2008)

Answer to Amended Complaint. Filed by Michael Chertoff, Emilio T. Gonzalez, Michael B. Mukasey. (Cox, James) (Entered: 05/01/2008)

Joint Motion for scheduling order . Filed by all plaintiffs. (Manning, Stephen) (Entered: 05/15/2008)

ORDER: GRANTING JOINT MOTION FOR A SCHEDULING ORDER 31 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/19/2008)

Order. Discovery is to be completed by 9/30/2008. Dispositive Motions are due by 10/31/2008. Joint Alternate Dispute Resolution Report and Pretrial Order will be due 30 days after the resolution of dispositive motions. Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/19/2008)

Certified Administrative Record. Filed by all defendants. (cib) (Entered: 06/05/2008)

Notice of Attorney Substitution:Attorney Adrian L. Brown is substituted as counsel of record in place of Attorney James E. Cox, Jr.Filed by Michael Chertoff, Emilio T. Gonzalez, Michael B. Mukasey. (Brown, Adrian) (Entered: 08/15/2008)

Unopposed Motion to Dismiss Surviving Parts of Second Claim . Filed by all plaintiffs. (Manning, Stephen) (Entered: 09/17/2008)

ORDER: GRANTING Unopposed Motion to Dismiss Surviving Parts of Second Claim 36 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 09/17/2008)

Judgment. Based on the Opinion and Order of the court entered April 17, 2008 (#29), granting in part and denying in part, defendants' Motion to Dismiss (#19), and Order of the court entered September 17, 2008 (#37) granting plaintiffs' Motion to Dismiss the remaining claim (#36). IT IS HEREBY ORDERED AND ADJUDGED that the above captioned matter is DISMISSED with prejudice. Pending motions, if any, are DENIED AS MOOT. Signed on 11/6/08 by Judge Michael W. Mosman. (dls) (Entered: 11/06/2008)

Transcript of Motion Hearing Proceedings held on 4/17/08 before Judge Michael W. Mosman. Court Reporter: Dennis R. Grube.. (mkk) (Entered: 11/20/2008)