Franciscot Auguste v. Joseph B. Edlow

Order

Reply (Motion related)

(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has received and reviewed the parties' Stipulation [ECF No. 50], and it is hereby DENIED, without prejudice, for failure to comply with the Standing Order, paragraph 7. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 10/01/2026)

STIPULATION to Vacate Scheduling Conference Initial Order Setting R26 Scheduling Conference - form only 45 filed by Defendant Joseph B. Edlow. (Attachments: # 1 Declaration of Haena Lee, # 2 Proposed Order)(Lee, Haena) (Entered: 10/01/2026)

STIPULATION to Vacate Scheduling Conference Initial Order Setting R26 Scheduling Conference - form only 45 filed by Defendant Joseph B. Edlow. (Attachments: # 1 Declaration of Haena Lee, # 2 Proposed Order)(Lee, Haena) (Entered: 09/30/2026)

Renewed NOTICE OF MOTION AND MOTION for Preliminary Injunction re delayed adjudication of Form I-485, Application to Register Permanent Residence or Adjust Status filed by plaintiff Mahdi Dizani. Motion set for hearing on 10/30/2026 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Declaration of Curtis Lee Morrison, # 5 Proposed Order) (Morrison, Curtis) (Entered: 09/30/2026)

The docket entry indicates that Judge John W. Holcomb issued a revised standing order in the case on August 25, 2026. The entry does not state the contents or any specific deadlines or obligations created by the revised order.

The court issued a scheduling notice continuing the hearing on the defendant’s Motion to Dismiss from September 4, 2026 at 9:00 a.m. to October 16, 2026 at 9:00 a.m., and directed counsel to appear in person in Courtroom 9D at the Ronald Reagan Federal Building in Santa Ana.

Magistrate Judge John D. Early issued an in-chambers order denying the application for expedited discovery (Dkt. 37). The entry states the motion is denied and refers to the order for further details.

The court issued an order scheduling a conference in this case for October 16, 2026 at 11:00 AM before Judge John W. Holcomb.

The plaintiff filed a reply brief in support of an application for discovery seeking 110 interrogatories intended to inform the court of the positions of 110 plaintiffs' green-card applications in the adjudication queue. The filing was entered on 2026-08-16.

The defendant filed an opposition to the plaintiffs' discovery application seeking to serve 110 interrogatories to determine the positions of 110 plaintiffs' green-card (I-485) applications in the adjudication queue.

The plaintiffs filed a memorandum in opposition to the defendant’s pending Motion to Dismiss (ECF No. 39), attaching a proposed order and an exhibit labeled “Ragusa Report.”

Several plaintiffs filed a notice of dismissal under Federal Rule of Civil Procedure 41(a)(1) dismissing only their claims against defendant Joseph B. Edlow; the remaining plaintiffs in the action did not dismiss their claims at this time.

The defendant filed a motion to dismiss the case and noticed it for a hearing. The hearing is set for September 4, 2026 at 9:00 AM before Judge John W. Holcomb.

The plaintiffs filed an application for discovery seeking to serve 110 interrogatories to determine the positions of 110 plaintiffs' green-card applications in the adjudication queue. The application is scheduled for a hearing on September 3, 2026 at 10:00 AM before Magistrate Judge John D. Early.

The defendant filed a stipulation seeking an extension of time to file an answer to the complaint, proposing a new deadline of August 3, 2026, and attaching a declaration and proposed order.

The court approved the parties' stipulation and ordered that the defendant's time to answer, move, or otherwise respond to the complaint is extended to August 3, 2026.

The plaintiffs filed a "Notice of Change in Material Facts," attaching an Exhibit A described as "Df Motion to Stay Dorcas." The docket entry reflects the filing but does not state any court action or outcome.

The court approved the parties' stipulation and extended the defendant's time to answer, move, or otherwise respond to the complaint to July 18, 2026.

The defendant filed a stipulation requesting an extension of time to file an answer to the complaint until July 18, 2026, attaching a Declaration of Haena Lee and a proposed order.

The court advanced the hearing on the plaintiff’s motion for a preliminary injunction and set it for May 27, 2026 at 1:30 p.m., directing counsel to appear in person in Courtroom 9D of the Ronald Reagan Federal Building in Santa Ana. This replaces the previously scheduled May 29, 2026 date and time.

The court granted the defendant's ex parte request for more time and extended the deadline for the defendant to respond to the complaint to June 18, 2026.

The defendant filed an ex parte application requesting an extension of time to file an answer to the complaint until June 18, 2026, attaching a declaration and a proposed order. The docket entry does not indicate whether the court has granted or ruled on the request.

The plaintiffs filed a reply brief in support of their motion for a preliminary injunction that seeks to enjoin defendants from holding decisions on the plaintiffs' Forms I-485; the filing includes two exhibits (slip opinions from Roghaee v. Mullin, C.D. Cal. May 4, 2026, and Aye Su Mon v. U.S. Citizenship & Immigration Servs., C.D. Cal. May 1, 2026).

The defendant Joseph B. Edlow filed an opposition to the petitioners' motion for preliminary injunction.

An attorney filed a notice of appearance on behalf of the defendant Joseph B. Edlow.

The court issued a scheduling notice continuing the hearing on the petitioners' motion for preliminary injunction from May 8, 2026 to May 29, 2026 at 9:00 a.m., and directed counsel to appear in person in Courtroom 9D.

The petitioners filed an errata correcting page 22 of the complaint.

The clerk issued a notice of deficiency stating the request for entry of default was forwarded to the assigned judge and could not be entered by the clerk.

A group of petitioners filed a request that the clerk enter default against defendant Joseph B. Edlow.

The petitioner filed proof of service showing that the motion for preliminary injunction (and exhibits) was served on April 3, 2026.

Two individual petitioners filed notices voluntarily dismissing their claims pursuant to Rule 41(a)(1) as to defendant Joseph B. Edlow.

Three individual petitioners filed notices voluntarily dismissing their claims pursuant to Rule 41(a)(1); the filings state that the remaining individual petitioners do not dismiss their claims at this time.

An individual petitioner filed a notice voluntarily dismissing his claims pursuant to Rule 41(a)(1); the filing states that the remaining individual petitioners do not dismiss their claims at this time.

Multiple petitioners filed a motion for a preliminary injunction asking the court to enjoin defendants from holding decisions on petitioners' Forms I-485; the filing noted a hearing set for 2026-05-08 at 09:00 AM before Judge John W. Holcomb.

Two individual petitioners filed notices voluntarily dismissing their claims pursuant to Rule 41(a)(1) as to defendant Joseph B. Edlow.

An individual petitioner filed a notice voluntarily dismissing his claims pursuant to Rule 41(a)(1); the filing states that the remaining individual petitioners do not dismiss their claims at this time.

Two individual petitioners filed notices voluntarily dismissing their claims pursuant to Rule 41(a)(1); the filings state that the remaining individual petitioners do not dismiss their claims at this time.

The petitioner filed proof of service showing that the summons and complaint were served on the United States Attorney's Office and other agencies/offices as listed.

A standing order issued by Judge John W. Holcomb was entered on the docket.

A civil cover sheet was filed by the petitioner as part of opening the case.

A declination of consent form was received and filed with the court on the stated date.

A 60-day summons was issued as to the defendant Joseph B. Edlow in connection with the complaint.

The case was reassigned from Magistrate Judge Douglas McCormick to District Judge John W. Holcomb for all further proceedings, with discovery matters possibly assigned to Magistrate Judge John D. Early.

The petitioner filed a notice identifying interested parties in the case.

The clerk notified the parties that the case was assigned to U.S. Magistrate Judge Douglas F. McCormick and recorded a declination of consent.

The petitioner requested that the clerk issue a summons on the complaint in the civil case opening.

On 2026-03-20 the plaintiff filed a complaint (filing fee $405). The filing included three exhibits — the December 2, 2025 USCIS Policy Memorandum PM-602-0192, the January 1, 2026 USCIS Policy Memorandum PM-602-0194, and a USCIS email to Senator Adam Schiff's office — and attorney Hamdy Maher Masri was added as counsel for the plaintiff.