Kuzova et al v. USDHS et al

Filing 31

ORDER granting Plaintiff Yavor Kuzov's 27 Motion to Dismiss Count One of the Complaint as it Relates to him due to Naturalization. Signed by Judge Gloria M. Navarro on 4/5/11. (Copies have been distributed pursuant to the NEF - ECS)

-GWF Kuzova et al v. United States Department of Homeland Security, Cit...migration Services, et al

Doc. 31

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1875 Century Park East, Suite #700 Century City, California 90067

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEVEDA ) ) YANITA KUZOVA and YAVOR ) KUZOV, individually and on behalf of ) all similarly situated individuals ) ) ) Plaintiffs ) ) vs. ) UNITED STATES DEPARTMENT ) ) OF HOMELAND SECURTY, et al. ) ) ) Defendants ) ) )

Civil Action CASE NO.: 2:10-cv-01711-CMNLRL JUDGE: NAVARRO MAGISTRATE: JOHNSON PLAINTIFF YAVOR KUZOV'S MOTION FOR DISMISSAL OF COUNT ONE OF THE COMPLAINT AS IT RELATES TO HIM DUE TO NATURALIZATION

COMES NOW Plaintiff Yavor Kuzov, through his attorney of record, Nicolette Glazer Esq., and in support of this motion for partial dismissal of this matter state as follows: 1. On 2 October 2010 Yanita Kuzova and Yavor Kuzov, individually

and on behalf of all similarly situated individuals, filed a lawsuit against the
Law Offices of Larry R. Glazer

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Motion for Partial Dismissal - 1

Dockets.Justia.com

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named defendants in the United State District Court for the Southern District of Nevada, alleging causes of actions for de novo judicial determination of

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application for naturalization pursuant to 8 U.S.C. §1447(b); writ of mandamus for failure to adjudicate a properly filed application for naturalization within 120 days after examination; unreasonable delay under the Administrative Procedures Act, and attorney fees and costs under EAJA. 2. After the filing of the complaint Defendant USCIS granted Plaintiff

Yavor Kuzov's application for naturalization, a relief USCIS had previously refused to accord to Plaintiff without good cause. See Exhibit A.

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Law Offices of Larry R. Glazer

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25 Motion for Partial Dismissal - 2

1875 Century Park East, Suite #700 Century City, California 90067

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WHEREFORE Plaintiff Yavor Kuzov respectfully requests that this Court dismiss Count One of the complaint [8 U.S.C. §1447(b) relief] as it relates to him pursuant to FRAP, Rule 42(b) since the request has been rendered moot by

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Law Offices of Larry R. Glazer

the grant of naturalization. Respectfully submitted by LAW OFFICES OF LARRY R. GLAZER _____s/Nicolette Glazer______________ Nicolette Glazer, CA Bar # 208713 1875 Century Park East, Suite #700 Century City, California 90067 ATTORNEY FOR PLAINTIFFS

IT IS SO ORDERED this 5th day of April, 2011.

IT IS SO ORDERED.

________________________________ ________________________________ UNITED STATES MAGISTRATE JUDGE Gloria M. Navarro DATE:____________
United States District Judge

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1875 Century Park East, Suite #700 Century City, California 90067

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Motion for Partial Dismissal - 3

Case 2:10-cv-01711-GMN -GWF Document 27-1

Filed 03/14/11 Page 1 of 1