Passim

Mandamus decisions / District of New Jersey

OTG NEW YORK INC v. GARLAND

District of New JerseyJamel K. SemperDecided November 22, 2024No. 2:23-cv-23344

Read the decisionOriginal on CourtListener

2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 a.m. CT; the Passim connector counts the live collection, which can differ by the day's additions and retirements (which total to quote). Coverage: of the 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 2026. Some of what that search finds are not mandamus decisions. Tell us about a decision we're missing.

These are counts of past written decisions and dockets, not predictions of how any case will be decided. A distribution appears only when at least 5 decisions (or 5 dockets) are behind it; smaller groups are listed, not summarized. How it's counted.

What the decision decided

Each value cites the passage it was read from. Values read by a model were checked against that passage; values read by rule come from fixed text patterns. Read the decision before relying on either.

Agency Department of Labor Read by a model
Petitioner requests a writ of mandamus and an order requiring the United States Department of Labor (“DOL”) to process his application.
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
asking for an order against DOL “directing it to adjudicate Petitioner’s request to reconsider.”
Kind of order A ruling on a motion or the petition Read by a model
For the reasons stated above, Respondents’ motion to dismiss is GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
For the reasons stated below, Respondents’ 12(b)(1) motion to dismiss is GRANTED.
Whose motion The government's motion Read by a model
On April 15, 2024, Respondents moved to dismiss the petition.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons stated above, Respondents’ motion to dismiss is GRANTED.
Prevailing party Government Read by a model
For the reasons stated above, Respondents’ motion to dismiss is GRANTED.
The delay claim Dismissed Read by a model
Based on the foregoing, Petitioner failed to demonstrate that OTG made a proper request for reconsideration to DOL, and therefore, the Court lacks subject matter jurisdiction to hear this action pursuant to Rule 12(b)(1).
Months pending 18 months from the application to the court's decision Read by a model
Instead, Petitioner waited 18 months and filed the present lawsuit on December 26, 2023.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model

Other orders in this case

The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
OTG NEW YORK INC v. GARLANDThis decision November 22, 2024 Jamel K. Semper Dismissed
OTG NEW YORK INC v. GARLANDThe case's latest decision: its outcome is the one counted September 9, 2025 Jamel K. Semper Denied in the government's favor

How the case ended

Docket
No. 2:23-cv-23344
Filed
December 26, 2023
Ended
November 22, 2024
Suit's filing to its end
332 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 3 (dismissed: lack of jurisdiction)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.

Supreme Court and Third Circuit authority

District decisions bind no one. On the questions this decision raises, the Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only. ImmCite status as read November 14, 2026. Check the current status before relying on one.