Docket as of March 15, 2004 11:19 pm Web PACER (v2.4)



U.S. District Court

U.S. District Court for the District of Arizona (Phoenix)

CIVIL DOCKET FOR CASE #: 03-CV-1855

Harbulot v. Fickett, et al

Filed: 09/23/03
Assigned to: Judge David G Campbell
Demand: $0,000
Nature of Suit: 460
Lead Docket: None
Jurisdiction: US Defendant
Dkt# in other court: None
Cause: 28:1361 Petition for Writ of Mandamus




MARYVONNE HARBULOT, a single      Neilendra Singh
woman                             FAX (602)200-7894
     pla                          [COR LD NTC -]
                                  Jones Skelton & Hochuli PLC
                                  2901 N Central
                                  Ste 800
                                  Phoenix, AZ 85012
                                  (602)263-1700

========================

STEPHEN L FICKETT, as Interim     Michael A Johns, Esq
District Director, Phoenix        FAX (602)514-7760
Division of the US Citizenship    [COR LD NTC -]
and Immigration Service           Cynthia M Parsons, Esq
     dft                           [term  03/05/04]
                                  FAX (602)514-7760
                                  [COR LD NTC -]
                                  US Attorney's Office
                                  2 Renaissance Sq
                                  40 N Central
                                  Ste 1200
                                  Phoenix, AZ 85004-4408
                                  (602)514-7500

========================

TOM RIDGE, as Secretary of the    Michael A Johns, Esq
Department of Homeland            FAX (602)514-7760
Security                          [COR LD NTC -]
     dft                          Cynthia M Parsons, Esq
                                   [term  03/05/04]
                                  FAX (602)514-7760
                                  [COR LD NTC -]

                                  US Attorney's Office
                                  2 Renaissance Sq
                                  40 N Central
                                  Ste 1200
                                  Phoenix, AZ 85004-4408
                                  (602)514-7500

========================

COLIN POWELL, as Secretary of     Michael A Johns, Esq
the Department of State           FAX (602)514-7760
     dft                          [COR LD NTC -]
                                  Cynthia M Parsons, Esq
                                   [term  03/05/04]
                                  FAX (602)514-7760
                                  [COR LD NTC -]
                                  US Attorney's Office
                                  2 Renaissance Sq
                                  40 N Central
                                  Ste 1200
                                  Phoenix, AZ 85004-4408
                                  (602)514-7500

========================

UNITED STATES OF AMERICA          Michael A Johns, Esq
     dft                          FAX (602)514-7760
                                  [COR LD NTC -]
                                  Cynthia M Parsons, Esq
                                   [term  03/05/04]
                                  FAX (602)514-7760
                                  [COR LD NTC -]
                                  US Attorney's Office
                                  2 Renaissance Sq
                                  40 N Central
                                  Ste 1200
                                  Phoenix, AZ 85004-4408
                                  (602)514-7500





DOCKET     PROCEEDINGS



DATE     #                   DOCKET     ENTRY


9/23/03 1 COMPLAINT FILED (mba) [Entry date 09/24/03]
9/23/03 2 MOTION (emergency) for injunctive relief (to prevent permanent loss of rights under the federal Immigration and Nationality Act re her permanent residence application) by pla Maryvonne Harbulot [2-1] and MOTION (emergency) for expedited hearing by pla Maryvonne Harbulot [2-2] (ld) [Entry date 09/25/03]
9/25/03 3 ORDER by Judge David G. Campbell setting motion (emergency) for injunctive relief (to prevent permanent loss of rights under the federal Immigration and Nationality Act re her permanent residence application) by pla Maryvonne Harbulot [2-1] at 10:00 9/26/03, granting motion (emergency) for expedited hearing by pla Maryvonne Harbulot [2-2] (cc: all counsel) (faxed by NJ of DGC) (ld) [Entry date 09/25/03] [Edit date 09/25/03]
9/25/03 4 RETURN OF SERVICE EXECUTED summons/complaint upon dft USA by service upon the US Attorney, District of Arizona, in Phoenix, AZ (Victoria Barbuto accepting) on 9/23/03 (ld) [Entry date 09/26/03]
9/26/03 5 AFFIDAVIT of Elaine Wentzel of sending certified mail service of summons and verified complaint to Attorney General Ashcroft, Hon Colin Powell, Hon Tom Ridge and Thomas L Fickett (return receipts not provided) by pla Maryvonne Harbulot (ld) [Entry date 09/30/03]
9/26/03 5 RETURN OF SERVICE EXECUTED (AFFIDAVIT OF ELAINE WENTZEL) summons/complaint upon dft Stephen L Fickett, dft Tom Ridge, dft Colin Powell, dft USA by service upon US District Attorney on 9/23/03 in Phoenix, AZ (Victoria Barbuto accepting) (ld) [Entry date 09/30/03]
9/26/03 7 MINUTE ENTRY before Judge David G. Campbell. Crt Rptr: Patricia Lyons. Appearances: Neil Singh for pla; Cynthia Parsons for dfts. Oral argument held on pla's motion for injunctive relief. Discussion held. Pla's counsel shall contact this court for further hearing if pla has not received appropriate documents from dft counsel by 5:00 pm this date. [cc: DGC] [7-1] re: minute entry [7-1] (lmr) [Entry date 10/01/03]
9/29/03 6 SUGGESTION by dfts of mootness (as pla's status has been adjusted to permanent resident) (ld) [Entry date 09/30/03]
11/7/03 8 NOTICE by pla of Change of Counsel from Bell O'Connor & Campbell PC to David Bell & Associates PLLC, effective 11/1/03 (mailing address remains the same) (sat) [Entry date 11/10/03]
11/7/03 9 RESPONSE by pla to Notice of Suggestion of Mootness [6-1] (sat) [Entry date 11/10/03]
11/7/03 9 MOTION to Set Hearing re Attorney Fees by pla [9-1] (sat) [Entry date 11/10/03]
12/5/03 10 Transcript Designation and Ordering Form by pla re Hearing held 9/26/03 (sat) [Entry date 12/08/03]
12/5/03 11 TRANSCRIPT of Proceedings (Petition for Writ of Mandamus) by Court Reporter: Patricia Lyons, RPR, CRR for the following date(s): 9/26/03 (sat) [Entry date 12/08/03]
12/10/03 12 REPLY by dfts to pla's response to suggestion of mootness [6-1] (ld) [Entry date 12/16/03]
12/10/03 12 RESPONSE by dfts to motion to Set Hearing re Attorney Fees by pla [9-1] (ld) [Entry date 12/16/03]
12/19/03 13 ORDER by Judge David G. Campbell re: notice of mootness [6-1]; ORDERED that pla shall file an application for attorneys' fees on or before 1/16/04; the government shall file a response on or before 1/30/04; pla shall file a reply on or before 2/6/04; the matter will be submitted without oral argument; denying motion to Set Hearing re Attorney Fees by pla [9-1] (cc: all counsel) (ld) [Entry date 12/19/03]
1/16/04 14 MOTION (APPLICATION) for attorney's fees by pla Maryvonne Harbulot [14-1] (ld) [Entry date 01/21/04]
1/16/04 15 DECLARATION of Neil Singh re motion for attorney's fees by pla Maryvonne Harbulot [14-1] by pla Maryvonne Harbulot (ld) [Entry date 01/21/04]
1/30/04 16 MOTION to extend time to and including 2/13/04 to respond to pla's EAJA fee application by dft Stephen L Fickett, dft Tom Ridge, dft Colin Powell [16-1] (no proposed document) (ld) [Entry date 02/04/04]
2/4/04 17 RESPONSE by pla Maryvonne Harbulot to motion to extend time to and including 2/13/04 to respond to pla's EAJA fee application by dft Stephen L Fickett, dft Tom Ridge, dft Colin Powell [16-1] (no proposed document) (ld) [Entry date 02/09/04]
2/9/04 18 ORDER by Judge David G. Campbell granting motion to extend time to and including 2/20/04 to respond to pla's EAJA fee application by dft Stephen L Fickett, dft Tom Ridge, dft Colin Powell [16-1] (no proposed document) (cc: all counsel) (ld) [Entry date 02/09/04]
2/19/04 19 ORDER by Judge David G. Campbell granting motion to extend time to and including 2/13/04 to respond to pla's EAJA fee application by dft Stephen L Fickett, dft Tom Ridge, dft Colin Powell [16-1] (no proposed document) (cc: all counsel) (map) [Entry date 02/19/04]
2/20/04 20 MOTION to extend time (to respond to pla's EAJA fee application to and including 3/5/04) by dft Stephen L Fickett, dft Tom Ridge, dft Colin Powell [20-1] (no proposed document) (ld) [Entry date 02/25/04]
2/25/04 21 ORDER by Judge David G. Campbell granting motion to extend time (to respond to pla's EAJA fee application to and including 3/5/04) by dft Stephen L Fickett, dft Tom Ridge, dft Colin Powell [20-1]; FURTHER ORDERED that plas have to and including 3/12/04 within which to reply (cc: all counsel) (ld) [Entry date 02/25/04]
2/26/04 22 2ND NOTICE by pla Maryvonne Harbulot of substitution (Attorney Neil Singh is no longer with David Bell & Associates; he is wilth Jones Skelton & Hochuli PLC and continues to represent pla; cc: atty maint) (ld) [Entry date 03/03/04]
3/5/04 23 ATTORNEY SUBSTITUTION: terminating attorney Cynthia M Parsons for USA, attorney Cynthia M Parsons for Colin Powell, attorney Cynthia M Parsons for Tom Ridge, attorney Cynthia M Parsons for Stephen L Fickett and substituting attorney Michael A Johns (ld) [Entry date 03/09/04]
3/5/04 24 MOTION (unopposed) to extend time to respond to pla's EAJA fee application for 5 working days (to and including 3/12/04) by dft Stephen L Fickett, dft Tom Ridge, dft Colin Powell [24-1] (ld) [Entry date 03/09/04]
3/10/04 25 ORDER by Judge David G. Campbell granting motion (unopposed) to extend time to respond to pla's EAJA fee application for 5 working days (to and including 3/12/04) by dft Stephen L Fickett, dft Tom Ridge, dft Colin Powell [24-1] (cc: all counsel) (ld) [Entry date 03/10/04]
3/10/04 26 STIPULATION to award of EAJA fees and costs by pla, dfts and to dismiss case (as moot) by pla, dfts (ld) [Entry date 03/11/04]
3/15/04 27 ORDER by Judge David G. Campbell granting stipulation to award of EAJA fees and costs by pla, dfts, granting stipulation to dismiss case (as moot) by pla, dfts; denying as moot the motion for attorney's fees by pla Maryvonne Harbulot [14-1]; ORDERED that counsel for pla be awarded $1500.00 in attorney fees and $456.20 in taxable costs under the Equal Access to Justice Act (EAJA), 28 USC section 2412, for legal services performed by counsel in this civil action, payable to Maryvonne Harbulot and Jones Skelton & Hochuli PLC; the attorney feees will be paid by the dft agency and the costs will be paid from the Dept of Treasury Judgment Fund (cc: all counsel/order book) (ld) [Entry date 03/15/04]