ITSERVE ALLIANCE, INC. v. DEPARTMENT OF HOMELAND SECURITY

District Of Columbia District Court
Judge:	Trevor N Mcfadden
Case #:	1:20-cv-03855
Nature of Suit	465 Immigration - Other Immigration Actions
Cause	05:702 Administrative Procedure Act

Case Filed:	Dec 31, 2020
Terminated:	Feb 18, 2022
Case in other court:	22-05074

Last checked: Tuesday Jun 29, 2021 4:25 AM EDT

Defendant DEPARTMENT OF HOMELAND SECURITY	Represented By Joshua Samuel Press U.S. Department Of Justice contact info
Plaintiff ITSERVE ALLIANCE, INC. 222 W. Las Colinas Blvd., STE 540 Irving, TX 75039	Represented By Jonathan D. Wasden Wasden Banias LLC contact info

GPO Feb 17 2022
MEMORANDUM OPINION re: Plaintiff's 16 Motion for Summary Judgment and Defendant's 22 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 2/17/2022. (lctnm3)

Docket last updated: 03/12/2025 11:59 PM EDT

Wednesday, August 23, 2023
38		38 appeal USCA Mandate Thu 08/24 10:44 AM MANDATE of USCA as to35 Notice of Appeal to DC Circuit Court filed by ITSERVE ALLIANCE, INC. ; USCA Case Number 22-5074 (znmw) Related: [-]
		Att: 1 USCA Judgment 6/27/2023
Thursday, January 26, 2023
37		37 notice Notice of Withdrawal of Appearance Thu 01/26 1:21 PM NOTICE OF WITHDRAWAL OF APPEARANCE as to ITSERVE ALLIANCE, INC.. Attorney Geoffrey Forney terminated. (Forney, Geoffrey) Related: [-]
Friday, March 25, 2022
		appeal USCA Case Number Fri 03/25 4:12 PM USCA Case Number 22-5074 for35 Notice of Appeal to DC Circuit Court filed by ITSERVE ALLIANCE, INC.. (zeg) Related: [-]
Monday, March 21, 2022
36		36 appeal Transmission of Notice of Appeal and Docket Sheet to USCA Mon 03/21 3:51 PM Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re35 Notice of Appeal to DC Circuit Court. (zeg) Related: [-]
Thursday, March 17, 2022
35		35 appeal Notice of Appeal to DC Circuit Thu 03/17 11:03 PM NOTICE OF APPEAL TO DC CIRCUIT COURT as to33 Memorandum & Opinion,34 Order,, by ITSERVE ALLIANCE, INC.. Filing fee $ 505, receipt number ADCDC-9111738. Fee Status: Fee Paid. Parties have been notified. (Forney, Geoffrey) Related: [-]
Thursday, February 17, 2022
34		34 order .Order Thu 02/17 6:06 PM ORDER. For the reasons stated in the31 Memorandum Opinion, Plaintiff's16 Motion for Summary Judgment is DENIED and Defendant's22 Cross-Motion for Summary Judgment is GRANTED IN PART insofar as it seeks summary judgment and DENIED IN PART insofar as it argues Plaintiff does not have standing. The Clerk of Court shall close the case. See attached Order. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/17/2022. (lctnm3) Related: [-]
33		33 31 pgs order Memorandum & Opinion Thu 02/17 6:02 PM MEMORANDUM OPINION re: Plaintiff's16 Motion for Summary Judgment and Defendant's22 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 2/17/2022. (lctnm3) Related: [-]
Thursday, February 03, 2022
32		32 respm Reply to (non-motion) Document Thu 02/03 7:07 PM REPLY re29 Order, Plaintiff's Reply to Defendant's Response 31 to Plaintiff's Response 30 to Order to Show Cause 29 filed by ITSERVE ALLIANCE, INC.. (Forney, Geoffrey) Related: [-]
Thursday, January 27, 2022
31		31 respm Response to (non-motion) Document Thu 01/27 5:43 PM RESPONSE re30 Memorandum re Order to Show Cause filed by DEPARTMENT OF HOMELAND SECURITY. (Press, Joshua) Related: [-]
Thursday, January 13, 2022
30		30 misc Memorandum Thu 01/13 2:43 PM MEMORANDUM re29 Order, by ITSERVE ALLIANCE, INC.. (Forney, Geoffrey) Related: [-]
Thursday, December 30, 2021
29		29 order .Order Thu 12/30 11:33 AM ORDER directing ITServe Alliance to SHOW CAUSE by January 13, 2022, why its Complaint should not be dismissed for lack of standing. ITServe's brief should be five pages or less. The Government may respond, with eight pages or less, by January 27, 2022. Should ITServe choose to respond, it may do so, in three pages or less, by February 3, 2022. See attached Order for details. Signed by Judge Trevor N. McFadden on 12/30/2021. (lctnm3) Related: [-]
		utility Set/Reset Deadlines Thu 12/30 11:39 AM Set/Reset Deadlines: Response to Show Cause due by 1/13/2022; government's reply, if any, due by 1/27/2022; ITServe reply, if any, due by 2/3/2022. (ztg) Related: [-]
Monday, October 25, 2021
28		28 misc Joint Appendix Mon 10/25 4:20 PM JOINT APPENDIX by ITSERVE ALLIANCE, INC.. (Forney, Geoffrey) Related: [-]
Wednesday, October 13, 2021
27		27 respm Reply to opposition to motion Wed 10/13 10:57 PM REPLY to opposition to motion re22 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Press, Joshua) Related: [-]
Wednesday, September 29, 2021
25		25 respm Memorandum in opposition to motion Wed 09/29 8:36 PM Memorandum in opposition to re22 Cross MOTION for Summary Judgment - Plaintiff's Combined Response in Opposition to Defendant's Motion for Summary Judgment and Reply in Support of Plaintiff's Motion for Summary Judgment filed by ITSERVE ALLIANCE, INC..(Forney, Geoffrey) Related: [-]
		Att: 1 Exhibit I [Declaration of Gopi Kandukuri]
		respm Reply to opposition to motion Fri 10/01 9:21 AM REPLY to opposition to motion re16 MOTION for Summary Judgment Seeking to Have the Court Set Aside or Vacate Defendant's Decision and Rule in Matter of Simeio Solutions, 26 I. & N. Dec. 542 (Admin. Appeals. Off. 2015) filed by ITSERVE ALLIANCE, INC. (See Docket Entry25 to view document). (eg) Related: [-]
Wednesday, September 22, 2021
24		24 misc Amicus Brief Wed 09/29 8:22 PM AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (eg) Related: [-]
23		23 motion Leave to File Document Wed 09/22 11:22 AM MOTION for Leave to File Brief Amicus Curiae by IMMIGRATION REFORM LAW INSTITUTE.(Miano, John) Related: [-]
		Att: 1 Appendix Proposed Amicus Brief,
		Att: 2 Appendix LCA Form,
		Att: 3 Text of Proposed Order,
		Att: 4 Certificate of Service
		order Order on Motion for Leave to File Wed 09/22 3:05 PM MINUTE ORDER granting23 Motion for Leave to File Amicus Brief. The Clerk of Court shall file ECF No. 23-1 as an amicus brief. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/22/21. (lctnm2) Related: [-]
Wednesday, September 15, 2021
22		22 motion Summary Judgment Wed 09/15 11:54 PM Cross MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) Related: [-]
		Att: 1 Memorandum in Support,
		Att: 2 Exhibit 1,
		Att: 3 Exhibit 2,
		Att: 4 Text of Proposed Order
21		21 respm Response to motion Wed 09/15 11:51 PM RESPONSE re16 MOTION for Summary Judgment Seeking to Have the Court Set Aside or Vacate Defendant's Decision and Rule in Matter of Simeio Solutions, 26 I. & N. Dec. 542 (Admin. Appeals. Off. 2015) filed by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) Related: [-]
		Att: 1 Memorandum in Support,
		Att: 2 Exhibit 1,
		Att: 3 Exhibit 2,
		Att: 4 Text of Proposed Order
Monday, September 13, 2021
		utility Set/Reset Deadlines Mon 09/13 8:08 AM Set/Reset Deadlines: Defendant's combined Opposition and Cross-Motion due by 9/15/2021. Plaintiff's Reply and Opposition due by 9/29/2021. Defendant's Reply due by 10/13/2021. (hmc) Related: [-]
Sunday, September 12, 2021
		order .Order Sun 09/12 1:57 PM MINUTE ORDER granting Defendant's20 Motion for Extension of Time to File a Response to Plaintiff's16 Motion for Summary Judgment. The revised briefing schedule shall be as follows: Defendant's combined Opposition and Cross-Motion for Summary Judgment shall be filed on or before September 15, 2021; Plaintiff's Reply and Opposition to Defendants Motion shall be filed on or before September 29, 2021; and Defendant's reply shall be filed on or before October 13, 2021. The Parties are directed to Paragraph 9(A) of the Courts4 Standing Order requiring that motions for extensions of time be filed at least four business days prior to the first affected deadline. Future requests for extensions of time that do not comply with the request may be denied. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/11/21. (lctnm2) Related: [-]
Saturday, September 11, 2021
20		20 motion Extension of Time to File Response/Reply Sat 09/11 7:25 PM Unopposed MOTION for Extension of Time to File Response/Reply as to16 MOTION for Summary Judgment Seeking to Have the Court Set Aside or Vacate Defendant's Decision and Rule in Matter of Simeio Solutions, 26 I. & N. Dec. 542 (Admin. Appeals. Off. 2015) by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) Related: [-]
		Att: 1 Text of Proposed Order
Tuesday, August 31, 2021
		utility Set/Reset Deadlines Tue 08/31 1:04 PM Set/Reset Deadlines: Defendant's Opposition and Cross-Motion due by 9/13/2021. Plaintiff's Reply and Opposition due by 9/27/2021. Defendant's Reply due by 10/11/2021. (hmc) Related: [-]
Monday, August 30, 2021
19		19 motion Extension of Time to File Response/Reply Mon 08/30 12:02 PM Unopposed MOTION for Extension of Time to File Response/Reply as to16 MOTION for Summary Judgment Seeking to Have the Court Set Aside or Vacate Defendant's Decision and Rule in Matter of Simeio Solutions, 26 I. & N. Dec. 542 (Admin. Appeals. Off. 2015) by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) Related: [-]
		Att: 1 Text of Proposed Order
		order .Order Mon 08/30 12:34 PM MINUTE ORDER granting Defendant's19 Motion for Extension of Time to File a Response to Plaintiff's16 Motion for Summary Judgment. The revised briefing schedule shall be as follows: Defendant's combined Opposition and Cross-Motion for Summary Judgment shall be filed on or before September 13, 2021; Plaintiff's reply and Opposition to Defendant's Motion shall be filed on or before September 27, 2021; and Defendant's reply shall be filed on or before October 11, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/30/2021. (lctnm2) Related: [-]
Wednesday, August 18, 2021
18		18 notice Notice of Appearance Wed 08/18 12:09 PM NOTICE of Appearance by John Michael Miano on behalf of IMMIGRATION REFORM LAW INSTITUTE (Miano, John) (Main Document 18 replaced on 8/18/2021) (ztd) Related: [-]
Monday, August 09, 2021
17		17 misc Errata Mon 08/09 7:24 PM ERRATA - Amended Memorandum of Points and Authorities in Support of Plaintiff's Motion for Summary Judgment [ECF No. 16] - Correcting Text on Pages 8, 17, and 37 in Plaintiff's original Memorandum [ECF No. 16-1] by ITSERVE ALLIANCE, INC.. (Forney, Geoffrey) Related: [-]
Friday, August 06, 2021
16		16 motion Summary Judgment Fri 08/06 4:17 PM MOTION for Summary Judgment Seeking to Have the Court Set Aside or Vacate Defendant's Decision and Rule in Matter of Simeio Solutions, 26 I. & N. Dec. 542 (Admin. Appeals. Off. 2015) by ITSERVE ALLIANCE, INC..(Forney, Geoffrey) Related: [-]
		Att: 1 Memorandum in Support,
		Att: 2 Index of Administrative Record,
		Att: 3 Exhibit A [ACUS-Stanford Adjudication Research],
		Att: 4 Exhibit B [Delegation Order No. 0150.1],
		Att: 5 Exhibit C [AAO Decision Discussing Delegation Order],
		Att: 6 Exhibit D [Delegation Order No. 15002],
		Att: 7 Exhibit E [List of Delegation Orders],
		Att: 8 Exhibit F [Letter from Director, Business and Trade Branch],
		Att: 9 Exhibit G [AAO Decisions Discussing Mootness],
		Att: 10 Exhibit H [OMB Bulletin No. 13-01],
		Att: 11 Text of Proposed Order
15		15 notice Notice of Appearance Fri 08/06 1:31 PM NOTICE of Appearance by Geoffrey Forney on behalf of ITSERVE ALLIANCE, INC. (Forney, Geoffrey) Related: [-]
14		14 notice LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests Fri 08/06 1:25 PM LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests [Disclosure of Subsidiary - ITServe Alliance CSR] by ITSERVE ALLIANCE, INC. (Forney, Geoffrey) Related: [-]
Thursday, August 05, 2021
		utility Set/Reset Deadlines Thu 08/05 9:18 AM Set/Reset Deadlines: Plaintiff's Motion for Summary Judgment due by 8/6/2021. Defendant's Opposition and Cross-Motion due by 9/3/2021. Plaintiff's Reply and Opposition due by 9/17/2021. Defendant's Reply due by 10/1/2021. (hmc) Related: [-]
Wednesday, August 04, 2021
13		13 order .Order Wed 08/04 6:47 PM SCHEDULING ORDER. See Order for details. Signed by Judge Trevor N. McFadden on 8/4/2021. (lctnm1) Related: [-]
12		12 misc Status Report Wed 08/04 11:31 AM Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Press, Joshua) Related: [-]
Monday, May 03, 2021
		order Order Referring Case to Mediation (Circuit Executive's Office) Mon 05/03 10:43 AM MINUTE ORDER referring case to the Office of the Chief Circuit Mediator for mediation. The parties shall file a Joint Status Report on or before August 3, 2021, that addresses: (a) the status of the mediation; (b) whether the parties believe they would benefit from additional time for mediation discussions; and, (c) a proposed discovery schedule, if appropriate. If the parties reach a settlement before August 3, 2021, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/3/2021. (lctnm2) Related: [-]
		minutes Status Conference ~Util - Set/Reset Deadlines Mon 05/03 11:11 AM Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 5/3/2021. Case was referred to the Circuit Mediator. Joint Status Report due by 8/3/2021. (Court Reporter: Crystal Pilgrim.) (hmc) Related: [-]
Wednesday, April 14, 2021
		utility Set/Reset Hearings Wed 04/14 11:04 AM Set/Reset Hearings: Telephonic Status Conference set for 5/3/2021 at 10:00 AM before Judge Trevor N. McFadden. (hmc) Related: [-]
Tuesday, April 13, 2021
11		11 misc Status Report Tue 04/13 12:40 PM Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Press, Joshua) Related: [-]
		order .Order Tue 04/13 5:16 PM MINUTE ORDER. Upon consideration of the parties'11 Joint Status Report, the parties shall appear for a telephonic status conference on May 3, 2021 at 10 a.m. before Judge McFadden. Dial-in details will be emailed to the parties. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/13/2021. (lctnm2) Related: [-]
Tuesday, March 23, 2021
		order .Order Tue 03/23 4:36 PM MINUTE ORDER. Before the Court are a complaint and an answer in this Administrative Procedure Act action. The requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3 appear to be inapplicable. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report on or before April 13, 2021, containing: a proposed briefing schedule for dispositive motions, including dates for the filing of the administrative record and appendix containing excerpts of the administrative record, see Local Civil Rule 7(n); any settlement efforts made by the parties; and whether the parties believe alternative dispute resolution may be helpful in settling this action. When proposing deadlines, the parties shall avoid proposing a schedule that contains submission of simultaneous dispositive cross-motions. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/23/2021. (lctnm2) Related: [-]
		utility Set/Reset Deadlines Tue 03/23 4:54 PM Set/Reset Deadlines: Joint Status Report due by 4/13/2021. (hmc) Related: [-]
Monday, March 22, 2021
10		10 answer Answer to Complaint Mon 03/22 5:48 PM ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) Related: [-]
Monday, March 08, 2021
9		9 motion Extension of Time to File Answer Mon 03/08 2:00 PM Unopposed MOTION for Extension of Time to File Answer re1 Complaint, by DEPARTMENT OF HOMELAND SECURITY.(Press, Joshua) Related: [-]
		Att: 1 Text of Proposed Order
		order Order on Motion for Extension of Time to Answer Mon 03/08 4:23 PM MINUTE ORDER granting the Defendant's9 Unopposed Motion for Extension of Time. The Defendant shall respond to the Plaintiff's complaint on or before March 22, 2021. The Defendant is directed Paragraph 9(A) of the Court's4 Standing Order, which states that motions for extension of time "must be filed at least four business days prior to the first affected deadline." Future requests that do not comply with this requirement may be denied. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/8/2021. (lctnm2) Related: [-]
		utility Set/Reset Deadlines Mon 03/08 4:39 PM Set/Reset Deadlines: Defendant's response to the complaint due by 3/22/2021. (hmc) Related: [-]
Friday, January 29, 2021
8		8 service Summons Returned Executed as to Federal Defendant Fri 01/29 2:37 PM RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 1/8/2021(Wasden, Jonathan) Related: [-]
		Att: 1 Exhibit A-Proof of Service
7		7 service Summons Returned Executed as to U.S. Attorney General Fri 01/29 2:36 PM RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/11/2021.(Wasden, Jonathan) Related: [-]
		Att: 1 Exhibit A-Proof of Service
6		6 service Summons Returned Executed as to US Attorney Fri 01/29 2:35 PM RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/6/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/7/2021.(Wasden, Jonathan) Related: [-]
		Att: 1 Exhibit A-Proof of Service
Friday, January 15, 2021
5		5 notice Notice of Appearance Fri 01/15 5:13 PM NOTICE of Appearance by Joshua Samuel Press on behalf of All Defendants (Press, Joshua) Related: [-]
Tuesday, January 05, 2021
4		4 order Standing Order Tue 01/05 9:49 AM STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 1/5/2021. (lctnm2) Related: [-]
3		3 service Electronic Summons Issued as to AUSA,USAG Tue 01/05 9:42 AM SUMMONS (3) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) Related: [-]
		utility Case Assigned/Reassigned Tue 01/05 9:36 AM Case Assigned to Judge Trevor N. McFadden. (adh, ) Related: [-]
Monday, January 04, 2021
2		2 misc Errata Mon 01/04 2:54 PM ERRATA Corrected Civil Cover Sheet by ITSERVE ALLIANCE, INC. re1 Complaint, filed by ITSERVE ALLIANCE, INC.. (Wasden, Jonathan) Related: [-]
		notice Notice of QC- New Case Mon 01/04 9:46 AM NOTICE OF ERROR re1 Complaint; emailed to jdwasden@wasdenbanias.com, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (adh, ) Related: [-]
Thursday, December 31, 2020
1		1 cmp Complaint Thu 12/31 1:07 PM COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-8022409) filed by ITSERVE ALLIANCE, INC..(Wasden, Jonathan) Related: [-]
		Att: 1 Declaration Declaration of ITServe Alliance President,
		Att: 2 Civil Cover Sheet,
		Att: 3 Summons DHS,
		Att: 4 Summons US Attorney General,
		Att: 5 Summons US Attorney for DC
		notice Notice of QC- New Case Thu 12/31 1:46 PM NOTICE OF ERROR re1 Complaint; emailed to jdwasden@wasdenbanias.com, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer. (adh, ) Related: [-]

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