Genes Machine v USCIS case info

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Genes Machine v USCIS case info

  1. 1. Case: 12-40368 Document: 00511814880 Page: 1 Date Filed: 04/09/2012 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISIONGENES MACHINE, INC., MARK §WOOD, TRACY WOOD, CRAIG WOOD, §AND J.W., § § Plaintiffs § CIVIL ACTION NO. V-11-00004 §v. § §DEPARTMENT OF HOMELAND §SECURITY, THROUGH ITS §SECRETARY, JANET NAPOLITANO, §ALEJANDRO MAYORKAS, DIRECTOR, §UNITED STATES CITIZENSHIP AND §IMMIGRATION SERVICES (USCIS), §HILDA L. SOLIS, SECRETARY, U.S. §DEPARTMENT OF LABOR, AND §DAVID L. ROARK, DIRECTOR, TEXAS §SERVICE CENTER, USCIS § § Defendants § NOTICE OF APPEAL Genes Machine, Inc., Mark Wood, Tracy Wood, Craig Wood, and J.W., Plaintiffs, givenotice that they appeal to the United States Court of Appeals for the Fifth Circuit the finaljudgment dismissing the above-styled action (Dkt. No. 23) signed by U.S. Senior District JudgeJohn D. Rainey on March 28, 2012. Respectfully submitted, James P. McCollom, Jr. James P. McCollom, Jr. Attorney at Law SBOT No. 13431960 10900 Northwest Freeway
  2. 2. Case: 12-40368 Document: 00511814880 Page: 2 Date Filed: 04/09/2012 Suite 108 Houston, TX 77092 713-957-3999 713-583-8777 FAX attorney-in-charge for the Plaintiffs CERTIFICATE OF SERVICE I hereby certify that I served a true, complete, and correct copy of this Notice of Appealthrough the ECF system on April 5, 2012 to the following: Jennifer A. Bowen Trial Attorney, District Court Section Office of Immigration Litigation United States Department of Justice P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Adam Laurence Goldman Assistant United States Attorney 919 Milam Street, Room 1416 Houston, Texas 77208 Counsel for Defendants /s/ James P. McCollom, Jr. James P. McCollom, Jr. 2
  3. 3. Case: 12-40368 Document: 00511814881 Page: 1 Date Filed: 04/09/2012 Case: 6:11-cv-00004 As of: 04/09/2012 10:13 AM CDT 1 of 4 APPEAL, CLOSED U.S. District Court SOUTHERN DISTRICT OF TEXAS (Victoria) CIVIL DOCKET FOR CASE #: 6:11−cv−00004Genes Machine, Inc. et al v. Department of Homeland Security Date Filed: 02/09/2011et al Date Terminated: 03/28/2012Assigned to: Judge John D. Rainey Jury Demand: NoneCause: 28:2201 Declaratory Judgment Nature of Suit: 465 Other Immigration Actions Jurisdiction: U.S. Government DefendantPlaintiffGenes Machine, Inc. represented by James P McCollom , Jr James P McCollom, Jr. Attorney at Law 10900 Northwest Freeway Suite 108 Houston, TX 77092 713−957−3999 Fax: 713−583−8777 Email: james@mccollomlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDPlaintiffMark Wood represented by James P McCollom , Jr (See above for address) ATTORNEY TO BE NOTICEDPlaintiffTracy Wood represented by James P McCollom , Jr (See above for address) ATTORNEY TO BE NOTICEDPlaintiffCraig Wood represented by James P McCollom , Jr (See above for address) ATTORNEY TO BE NOTICEDPlaintiffJ.W. represented by James P McCollom , Jr (See above for address) ATTORNEY TO BE NOTICEDV.DefendantDepartment of Homeland Security represented by Adam Laurence Goldman Department of Justice United States Attorney for the Southern District of Texas 919 Milam Street Rm 1416 Houston, TX 77208 713−567−9534 Fax: 713−718−3303 Email: Adam.Goldman2@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
  4. 4. Case: 12-40368 Document: 00511814881 Page: 2 Date Filed: 04/09/2012 Case: 6:11-cv-00004 As of: 04/09/2012 10:13 AM CDT 2 of 4 Jennifer A Bowen US Department Of Justice Civil Division Office of Immigration Litigation, District Court Section PO BOX 868 Ben Franklin Station Washington, DC 20044 202−616−3558 Email: jennifer.bowen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICEDDefendantAlejandro Mayorkas represented by Adam Laurence Goldman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer A Bowen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDDefendantHilda L. Solis represented by Adam Laurence Goldman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer A Bowen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDDefendantDavid L. Roark represented by Adam Laurence Goldman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer A Bowen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 02/09/2011 1 COMPLAINT against Department of Homeland Security, Alejandro Mayorkas, David L. Roark, Hilda L. Solis (Filing fee $ 350 receipt number 0541−7653898) filed by Tracy Wood, Mark Wood, Genes Machine, Inc., Craig Wood, J.W.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(McCollom, James) (Entered: 02/09/2011) 02/09/2011 Summons Issued as to Department of Homeland Security, Alejandro Mayorkas, David L. Roark, Hilda L. Solis, U.S. Attorney and U.S. Attorney General, filed.(emathis, ) (Entered: 02/09/2011) 02/10/2011 ***Set/Reset Deadlines/Hearings: Initial Conference set for 6/6/2011 at 09:00 AM before Judge John D. Rainey. (yhausmann, ) (Entered: 02/10/2011) 02/10/2011 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/6/2011 at 09:00 AM before Judge John D. Rainey. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
  5. 5. Case: 12-40368 Document: 00511814881 Page: 3 Date Filed: 04/09/2012 Case: 6:11-cv-00004 As of: 04/09/2012 10:13 AM CDT 3 of 4 (Entered: 02/10/2011)02/24/2011 3 NOTICE of Appearance by Adam Laurence Goldman on behalf of Department of Homeland Security, Alejandro Mayorkas, David L. Roark, Hilda L. Solis, filed. (Goldman, Adam) (Entered: 02/24/2011)02/24/2011 4 CERTIFICATE OF INTERESTED PARTIES by Department of Homeland Security, Alejandro Mayorkas, David L. Roark, Hilda L. Solis, filed.(Goldman, Adam) (Entered: 02/24/2011)02/25/2011 5 CERTIFICATE OF INTERESTED PARTIES by Genes Machine, Inc., J.W., Craig Wood, Mark Wood, Tracy Wood, filed.(McCollom, James) (Entered: 02/25/2011)04/01/2011 6 NOTICE of Appearance by Jennifer A. Bowen on behalf of Department of Homeland Security, Eric Holder, Alejandro Mayorkas, Janet Napolitano, David L. Roark, Hilda L. Solis, U.S. Department Of Justice, U.S. Department of Labor, United States Citizenship and Immigration Services, filed. (Bowen, Jennifer) (Entered: 04/01/2011)04/01/2011 7 MOTION to Dismiss by Department of Homeland Security, Eric Holder, Alejandro Mayorkas, Janet Napolitano, David L. Roark, Hilda L. Solis, U.S. Department Of Justice, U.S. Department of Labor, United States Citizenship and Immigration Services, filed. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Bowen, Jennifer) (Entered: 04/01/2011)04/20/2011 8 Unopposed MOTION for Extension of Time Respond to Defendants Motion to Dismiss by Genes Machine, Inc., J.W., Craig Wood, Mark Wood, Tracy Wood, filed. (Attachments: # 1 Proposed Order)(McCollom, James) (Entered: 04/20/2011)04/20/2011 9 ORDER granting 8 Motion for Extension of Time to File a Response to Defts Motion to Dismiss. Response is due by 5/2/2011...(Signed by Judge John D. Rainey) Parties notified.(jrichards, ) (Entered: 04/21/2011)05/02/2011 10 RESPONSE in Opposition to 7 MOTION to Dismiss, filed by Genes Machine, Inc., J.W., Craig Wood, Mark Wood, Tracy Wood. (Attachments: # 1 Proposed Order proposed order)(McCollom, James) (Entered: 05/02/2011)05/03/2011 11 Unopposed SUPPLEMENT to 10 Response in Opposition to Motion by Genes Machine, Inc., J.W., Craig Wood, Mark Wood, Tracy Wood, filed. (Attachments: # 1 Exhibit Exhibit A)(McCollom, James) (Entered: 05/03/2011)05/11/2011 12 Unopposed MOTION for Leave to File Reply in Support of Motion to Dismiss by Department of Homeland Security, Eric Holder, Alejandro Mayorkas, Janet Napolitano, David L. Roark, Hilda L. Solis, U.S. Department Of Justice, U.S. Department of Labor, United States Citizenship and Immigration Services, filed. (Attachments: # 1 Proposed Order, # 2 Exhibit Defendants Proposed Reply in Support of Motion to Dismiss)(Bowen, Jennifer) (Entered: 05/11/2011)05/13/2011 13 ORDER granting 12 Defendants Unopposed Motion for Leave to File Reply Brief in Support of Their Motion to Dismiss. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, ) (Entered: 05/13/2011)05/13/2011 14 Defendants Reply in Support of 7 Motion to Dismiss. (Deemed filed 5/13/2011 per 13 Court Order.) (yhausmann, ) (Entered: 05/13/2011)05/23/2011 15 Unopposed MOTION for Leave to File Surreply to Defendants Reply Brief in Support of their Motion to Dismiss by Genes Machine, Inc., J.W., Craig Wood, Mark Wood, Tracy Wood, filed. (Attachments: # 1 Proposed Order 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)(McCollom, James) (Entered: 05/23/2011)05/24/2011 16 ORDER granting 15 Motion for Leave to File a Surreply to Defts Reply Brief in Support of 14 Motion to Dismiss.(Signed by Judge John D. Rainey) Parties notified.(ltesch, ) (Entered: 05/24/2011)05/24/2011 17 SURREPLY to Defts Reply in Support of 7 MOTION to Dismiss filed by Genes Machine, Inc., J.W., Craig Wood, Mark Wood, Tracy Wood. (Attachments: # 1 Exhibit 3 (Memorandum from OIG), # 2 Exhibit 4 (Pltfs Motion that the Court
  6. 6. Case: 12-40368 Document: 00511814881 Page: 4 Date Filed: 04/09/2012 Case: 6:11-cv-00004 As of: 04/09/2012 10:13 AM CDT 4 of 4 Take Judicial Notice of Facts), # 3 Exhibit 5 (Proposed Order), # 4 Exhibit 6 (Visa Bulletin − June 2011), # 5 Exhibit 7 (Visa Bulletin − May, 2007))(ltesch, ) (Entered: 05/24/2011)05/25/2011 18 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Department of Homeland Security, Eric Holder, Alejandro Mayorkas, Janet Napolitano, David L. Roark, Hilda L. Solis, U.S. Department Of Justice, U.S. Department of Labor, United States Citizenship and Immigration Services, filed.(Bowen, Jennifer) (Entered: 05/25/2011)06/06/2011 19 CONFERENCE MEMORANDUM: Scheduling order will be deferred until motion to dismiss is resolved. Appearances: James P McCollom, Jr., Adam Laurence Goldman. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, ) (Entered: 06/06/2011)06/08/2011 20 NOTICE OF RECENT SUPPLEMENTAL AUTHORITY re: 7 MOTION to Dismiss by Department of Homeland Security, Eric Holder, Alejandro Mayorkas, Janet Napolitano, David L. Roark, Hilda L. Solis, U.S. Department Of Justice, U.S. Department of Labor, United States Citizenship and Immigration Services, filed. (Attachments: # 1 Attachment)(Goldman, Adam) (Entered: 06/08/2011)01/27/2012 21 NOTICE by Genes Machine, Inc., J.W., Craig Wood, Mark Wood, Tracy Wood, filed. (Attachments: # 1 Exhibit Exhibit A)(McCollom, James) (Entered: 01/27/2012)03/28/2012 22 MEMORANDUM OPINION AND ORDER...granting 7 Defendants MOTION to Dismiss.(Signed by Judge John D. Rainey) Parties notified.(ltesch, ) (Entered: 03/28/2012)03/28/2012 23 FINAL JUDGMENT. Case terminated on March 28, 2012.(Signed by Judge John D. Rainey) Parties notified.(ltesch, ) (Entered: 03/28/2012)04/05/2012 24 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 23 Final Judgment by Genes Machine, Inc., J.W., Craig Wood, Mark Wood, Tracy Wood (Filing fee $ 455, receipt number 0541−9538027), filed.(McCollom, James) (Entered: 04/05/2012)04/05/2012 25 Notice of the Filing of an Appeal. DKT13 transcript order form was not mailed to appellant. Fee status: Paid. There are no appeal related motions pending in the District Court: 24 Notice of Appeal. (yhausmann, ) (Entered: 04/05/2012)04/05/2012 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 24 Notice of Appeal. (yhausmann, ) (Entered: 04/06/2012)04/06/2012 26 DKT−13 TRANSCRIPT ORDER FORM by James P. McCollom, Jr.. No hearings.. This order form relates to the following: 24 Notice of Appeal, filed.(kcraig, ) (Entered: 04/06/2012)

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