Lan v. Chertoff et al

Filing 4

ORDER TO SHOW CAUSE. Signed by Judge Jeremy Fogel on 1/22/07. (jflc2, COURT STAFF) (Filed on 1/22/2007)

Lan v. Chertoff et al

Doc. 4

Case 5:07-cv-00246-JF

Document 4

Filed 01/22/2007

Page 1 of 3

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On January 12, 2007, Plaintiff Jian Lan filed the instant "Complaint For Writ in the Nature of Mandamus & Declaratory Judgment." Plaintiff alleges that Defendants have failed to proces s her I-485 application in a timely manner, apparently as a result of delays in obtaining a completed background check clearance from the Federal Bureau of Investigation. Plaintiff alleges that, as a result, defendants have violated the Administrative Procedures Act, 5 U.S.C § 701 et. seq. Plaintiff requests that this Court enter an order compelling defendants to act upon her application. Good cause appearing, IT IS HEREBY ORDERED as follows: (1) The Clerk of the Court shall serve a copy of the complaint and a copy of this Order upon counsel for Defendants, the Office of the United States Attorney. The
Case No. C 07-246 JF (PVT) O R D E R TO SHO W CAUSE JFLC2

**E-Filed 1/22/07**

JIAN LAN, Plaintiff, v. MICHAEL CHERTOFF, et al., Defendants.

Case Number C 07-246 JF (PVT) ORDER TO SHOW CAUSE

Dockets.Justia.com

Case 5:07-cv-00246-JF

Document 4

Filed 01/22/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (5) (4) (3) (2)

Clerk of the Court also shall serve a copy of this Order upon Plaintiff. Defendants shall, within sixty (60) days after receiving service of the complaint, show cause in writing why the relief prayed for should not be granted. Plaintiff may file a response to Defendants' filing within twenty (20) days after receipt of such filing. Unless otherwise ordered by the Court, the matter will be deemed submitted upon the filing of the response or upon the expiration of time to file a response. The order dated January 12, 2007, setting an Initial Case Management Conference and ADR deadlines, is hereby VACATED. IT IS SO ORDERED.

DATED: 1/22/07 __________________________________ JEREMY FOGEL Unit ed States District Judge

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C a se No. C 07-246 JF (PVT) O R D E R TO SHO W CAUSE JFLC2

Case 5:07-cv-00246-JF

Document 4

Filed 01/22/2007

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Copies of Order served on the following persons:

Counsel for Plaintiff : Justin Fok [e-mail]

Counsel for Defendants: Office of the United States Attorney 150 Almaden Blvd., Suite 900 San Jose, CA 95113

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C a se No. C 07-246 JF (PVT) O R D E R TO SHO W CAUSE JFLC2