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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana)CIVIL DOCKET FOR CASE #: 8:09-...
Lumbard v DHS et al N-600 foundling case
Lumbard v DHS et al N-600 foundling case
Lumbard v DHS et al N-600 foundling case
Lumbard v DHS et al N-600 foundling case
Lumbard v DHS et al N-600 foundling case
Lumbard v DHS et al N-600 foundling case
Lumbard v DHS et al N-600 foundling case
Lumbard v DHS et al N-600 foundling case
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Lumbard v DHS et al N-600 foundling case

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1 of 3 related documents posted here. Obscure situation.

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Transcript of "Lumbard v DHS et al N-600 foundling case"

  1. 1. UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana)CIVIL DOCKET FOR CASE #: 8:09-cv-00107-DOC-VBK<br />Michael Anthony Lumbard v. Department of Homeland Security et alAssigned to: Judge David O. CarterReferred to: Magistrate Judge Victor B. KentonCause: 08:1451(a) Revoke CitizenshipDate Filed: 01/28/2009Date Terminated: 05/19/2010Jury Demand: NoneNature of Suit: 465 Other Immigration ActionsJurisdiction: U.S. Government Defendant<br />Plaintiff Michael Anthony Lumbard represented byAnn Kelleher Miller John R Alcorn Law Offices 2212 Dupont Drive Suite V Irvine, CA 92612 949-553-8529 Email: annk@jr-alcorn.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJohn R Alcorn John R Alcorn Law Offices 2212 DuPont Dr Suite V Irvine, CA 92612 949-553-8529 Email: johnalcorn1@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDV.Defendant Department of Homeland Security Janet Napolitano, Secretary represented byMelanie Suzanne Keiper Office of Immigration Litigation - Civil Div P O Box 868 Ben Franklin Station Washington, DC 20044 202-532-4112 Fax: 202-305-7000 Email: melanie.keiper@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICEDNicole R Prairie US Department of Justice Civil Division - Office of Immigration Litigation PO Box 868 Ben Franklin Station Washington, DC 20044 202-532-4074 Fax: 202-305-7000 Email: Nicole.Prairie@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICEDVictor M Lawrence Office of U.S. Immigration Litigation Civil Division U.S. Department of Justice P.O. Box 878, Ben Franklin Station Washington, DC 20044 202-305-8788 Fax: 202-305-7000 Email: victor.lawrence@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICEDDefendant Department of Justice Mark Filip, Acting Attorney General TERMINATED: 04/27/2009 represented byNicole R Prairie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDVictor M Lawrence (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDDefendant US Citizenship & Immigration Services Michael Aytes, Acting Deputy Director represented byMelanie Suzanne Keiper (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDNicole R Prairie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDVictor M Lawrence (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDDefendant US Citizenship and Immigration Services Jane Arrellano, Director of Los Angeles District Office represented byMelanie Suzanne Keiper (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDNicole R Prairie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDVictor M Lawrence (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED<br />Date Filed#Docket Text01/28/20091 COMPLAINT against defendants Department of Homeland Security, Department of Justice, US Citizenship & Immigration Services, US Citizenship and Immigration Services.(Filing fee $ 350 paid), filed by plaintiff Michael Anthony Lumbard.(twdb) (Additional attachment(s) added on 1/29/2009: # 1 Complaint-Part 2) (lwag). (Entered: 01/29/2009)01/28/2009  60 DAY Summons Issued re Complaint - (Discovery) 1 as to defendants Department of Homeland Security, Department of Justice, US Citizenship & Immigration Services, US Citizenship and Immigration Services. (twdb) (Entered: 01/29/2009)01/28/20092 CERTIFICATION AND NOTICE of Interested Parties filed by plaintiff Michael Anthony Lumbard, (twdb) (lwag). (Entered: 01/29/2009)03/25/20093 NOTICE of Appearance filed by attorney Nicole Prairie on behalf of Defendants Department of Homeland Security, Department of Justice, US Citizenship & Immigration Services, US Citizenship and Immigration Services (Prairie, Nicole) (Entered: 03/25/2009)04/03/20094 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Department of Homeland Security, Department of Justice, US Citizenship & Immigration Services, US Citizenship and Immigration Services. (Attachments: # 1 Exhibit A-C)(Prairie, Nicole) (Entered: 04/03/2009)04/27/20095 FIRST AMENDED COMPLAINT against petitioner Department of Homeland Security, US Citizenship & Immigration Services, US Citizenship and Immigration Services; Party Department of Justice terminated amending Complaint - (Discovery), Complaint - (Discovery) 1 ,filed by petitioner Michael Anthony Lumbard (Attachments: # 1 1)(ade) (Entered: 04/28/2009)05/01/20096 Joint STIPULATION to Withdraw Motion MOTION to Dismiss Case 4 , Joint STIPULATION for Extension of Time to File Answer to June 26, 2009 filed by defendant Department of Homeland Security, Department of Justice, US Citizenship & Immigration Services, US Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Prairie, Nicole) (Entered: 05/01/2009)05/04/20097 ORDER by Judge David O. Carter: Good cause having been shown, upon the parties stipulation, Defendant's Motion to Dismiss, now set for hearing on May 11, 2009, is vacated. Furthermore, Defendants shall have to and including June 26, 2009 to respond to Plaintiff's First Amended Complaint. (rla) (Entered: 05/04/2009)06/26/20098 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Department of Homeland Security, Department of Justice, US Citizenship & Immigration Services, US Citizenship and Immigration Services. Motion set for hearing on 8/10/2009 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Exhibit A)(Prairie, Nicole) (Entered: 06/26/2009)07/27/20099 OPPOSITION to Motion to Dismiss filed by Plaintiff Michael Anthony Lumbard. (Kelleher, Ann) (Entered: 07/27/2009)07/27/200910 NOTICE OF MOTION AND First MOTION for Leave of Ann L. Kelleher to Appear for Co-counsel with John R. Alcorn filed by plaintiff Michael Anthony Lumbard. Motion set for hearing on 8/10/2009 at 08:30 AM before Judge David O. Carter. (Kelleher, Ann) (Entered: 07/27/2009)07/31/200911 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected; The opposition is not linked to the notice of motion to dismiss RE: Response in Opposition to Motion 9 , First MOTION for Leave of Ann L. Kelleher to Appear for Co-counsel 10]. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (twdb) (Entered: 07/31/2009)08/03/200912 REPLY in Support of MOTION to Dismiss Case 8 filed by Defendants Department of Homeland Security, Department of Justice, US Citizenship & Immigration Services, US Citizenship and Immigration Services. (Prairie, Nicole) (Entered: 08/03/2009)08/04/200913 MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: denying 8 Motion to Dismiss: Accordingly, the hearing set for August 10, 2009, is removed from the Court's calendar. (See document for details.) The Clerk shall serve this minute order on all parties to the action. (rla) (Entered: 08/04/2009)08/05/200914 ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter: Scheduling Conference set for 10/19/2009 08:30 AM Courtroom 9-D before Judge David O. Carter. (dg) (Entered: 08/05/2009)08/18/200915 ANSWER to Amended Complaint, 5 filed by Defendants Department of Homeland Security, US Citizenship & Immigration Services, US Citizenship and Immigration Services.(Prairie, Nicole) (Entered: 08/18/2009)09/29/200916 NOTICE of Appearance filed by attorney Melanie Suzanne Keiper on behalf of Defendants Department of Homeland Security, US Citizenship & Immigration Services, US Citizenship and Immigration Services (Keiper, Melanie) (Entered: 09/29/2009)10/05/200917 26(f) REPORT filed by Defendants Department of Homeland Security, US Citizenship & Immigration Services, US Citizenship and Immigration Services. (Prairie, Nicole) (Entered: 10/05/2009)10/19/200918 MINUTES OF Scheduling Conference held before Judge David O. Carter, Set/Reset Deadlines/Hearings: Discovery cut-off 3/19/2010. Motions due by 5/3/2010. Bench Trial set for 6/22/2010 08:30 AM before Judge David O. Carter. Final Pretrial Conference set for 6/14/2010 08:30 AM before Judge David O. Carter. Trial Estimate: 1 day. Parties shall appear before assigned Magistrate Judge Victor B. Kenton for settlement proceedings. Pretrial Scheduling Order signed and filed this date. (wr) Modified on 10/30/2009 (wr). (Entered: 10/30/2009)10/19/200919 SCHEDULING ORDER by Judge David O. Carter, Set/Reset Deadlines/Hearings:( Discovery cut-off 3/19/2010., Motions due by 5/3/2010., Bench Trial set for 6/22/2010 08:30 AM before Judge David O. Carter., Final Pretrial Conference set for 6/14/2010 08:30 AM before Judge David O. Carter.) (See document for details). (wr) (Entered: 10/30/2009)04/09/201020 ORDER by Magistrate Judge Victor B. Kenton,, Set/Reset Deadlines/Hearings:( Confidential Settlement Statement due by 5/5/2010, Settlement Conference set for 5/12/2010 10:00 AM before Magistrate Judge Victor B. Kenton.) (rh) (Entered: 04/09/2010)04/13/201021 NOTICE OF MOTION AND MOTION for Summary Judgment as to all causes of action in favor of Defendants filed by Defendants Department of Homeland Security, US Citizenship & Immigration Services, US Citizenship and Immigration Services. Motion set for hearing on 5/3/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G-M, # 3 Exhibit N-T, # 4 Proposed Statement of Uncontroverted Facts and Conclusions of Law, # 5 Proposed Judgment)(Prairie, Nicole) (Entered: 04/13/2010)04/16/201022 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Summary Judgment as to all causes of action in favor of Defendants 21 . The following error(s) was found: Hearing information is not timely. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rrp) (Entered: 04/16/2010)04/19/201023 MEMORANDUM in Opposition to MOTION for Summary Judgment as to all causes of action in favor of Defendants 21 filed by Plaintiff Michael Anthony Lumbard. (Attachments: # 1 Supplement Statement of Genuine Issues)(Kelleher, Ann) (Entered: 04/19/2010)04/20/201024 REPLY in support MOTION for Summary Judgment as to all causes of action in favor of Defendants 21 filed by Defendants Department of Homeland Security, US Citizenship & Immigration Services, US Citizenship and Immigration Services. (Prairie, Nicole) (Entered: 04/20/2010)04/28/201025 MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter RE: CHANGING TIME OF HEARING: Hearing on Defendant's Motion for Summary Judgment 21 is RE-SET for May 3, 2010, at 5:00 pm. All parties are ordered to be present. (rla) (Entered: 04/28/2010)05/03/201026 ORDER Denying Motion for Summary Judgment by Judge David O. Carter 21 . (See Order for details) (db) (Entered: 05/04/2010)05/03/201027 MINUTES OF Defendants motion for summary judgment as to all causes of action in favor of defendants 21 held before Judge David O. Carter: Cause called and counsel make their appearances. Court rules in accordance with the tentative and DENIES Defendants motion as to all causes of action in favor of defendants. The final pretrial conference scheduled 6/14/10, at 8:30 am and court trial scheduled 6/22/10, at 8:30 am remain on the Court's calendar.Court Reporter: Theresa Lanza. (twdb) (Entered: 05/07/2010)05/11/201028 NOTICE filed by Plaintiff Michael Anthony Lumbard. (Attachments: # 1 Proposed Order Vacate Settlement Conference)(Kelleher, Ann) (Entered: 05/11/2010)05/14/201029 ORDER VACATING SETTLEMENT CONFERENCE ORDER by Magistrate Judge Victor B. Kenton, re Notice (Other) 28 . (rp) (Entered: 05/14/2010)05/19/201030 Joint STIPULATION to Stay Case pending Adjudication of Plaintiff's N-600 application and issuance of a certificate of U.S. citizenship filed by Defendants Department of Homeland Security, US Citizenship & Immigration Services, US Citizenship and Immigration Services. (Attachments: # 1 Exhibit A (Settlement Agreement), # 2 Proposed Order)(Prairie, Nicole) (Entered: 05/19/2010)05/19/201031 ORDER by Judge David O. Carter. Good cause having been shown, upon the parties stipulation to hold this matter in abeyance. Furthermore, the parties will file a joint stipulation to dismiss this action in its entirety, with prejudice, after the terms of the Settlement Agreement are satisfied. (Made JS-6. Case Terminated.) (db) (Entered: 05/21/2010)06/28/201032 Joint STIPULATION to Dismiss Case pursuant to the Parties' Settlement Agreement filed by Defendants Department of Homeland Security, US Citizenship & Immigration Services, US Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Prairie, Nicole) (Entered: 06/28/2010)06/29/201033 ORDER by Judge David O. Carter. Good cause having been shown, upon the parties stipulation to dismiss this matter in its entirety with prejudice. Furthermore, each party shall bear its own costs, fees, and expenses, and no attorney's fees, costs, or expenses under the Equal Access to Justice Act, or any other provision of law, shall be sought in the above-captioned matter. (db) (Entered: 06/30/2010)<br />Aug102007_03E2309.pdf The Decision that went to court and was reversed.<br />May242010_01E2309.pdf Reversing Denial in accord with Settlement Agreement. <br />“DISCUSSION: The application for a certificate of citizenship was denied by the director of the Los Angeles District Office and the Administrative Appeals Office (AAO) dismissed the subsequent appeal. The AAO is now reopening the matter upon its own motion. The prior decision of the AAO will be withdrawn. The case will be remanded to the Santa Ana, California Field Office for issuance of a certificate of citizenship.<br />On January 28, 2009, the applicant filed a lawsuit in the United States District Court for the Central<br />District of California (Lumbard v. DHS, et al., 09-CV-0107 (C.D. Cal 2009), claiming he was entitled to a certificate of citizenship under section 301(f) of the Immigration and Nationality Act<br />(the Act), 8 U.S.C. § 1401(f). Pursuant to the ensuing settlement agreement entered into by the applicant and United States Citizenship and Immigration Services (USCIS), the AAO hereby reopens the administrative proceedings regarding the application for a certificate of citizenship pursuant to the regulation at 8 C.F.R. § 103.5(a)(5)(i).<br />Section 301 of the Act states, in pertinent part:<br />The following shall be nationals and citizens of the United States at birth:<br />. . .<br />(f) a person of unknown parentage found in the United States while under the age of five<br />years, until shown, prior to his attaining the age of twenty-one years, not to have been born in<br />the United States . . . .<br />In its prior decision, the AAO determined that the applicant had not established that he was of<br />unknown parentage and that the applicant failed to overcome certain evidence indicating that he was<br />born in Canada. In accordance with the settlement agreement the prior decision of the AAO will be<br />withdrawn and the matter will be remanded to the Santa Ana Field Office for issuance of a<br />certificate of citizenship.<br />ORDER: The August 10, 2007 decision of the Administrative Appeals Office is withdrawn.<br />The matter is remanded to the Santa Ana Field Office for issuance of a certificate of<br />citizenship.” <br />
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