Mandamus decisions / Southern District of California

Raduga USA Corp. v. United States Department of State

Southern District of CaliforniaBarry Ted MoskowitzDecided March 3, 2006No. 3:04-cv-00996

Read the decisionOriginal on CourtListener

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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 State Read by a model
On May 14, 2004, unable to obtain any decision on these applications, Plaintiffs brought an action seeking an order to compel the U.S. consulate in Moscow to adjudicate the visa applications of Romanovskiy and Yakovleva.
Form or filing DS-260 (immigrant visa) Read by a model
In April 2001, following the approval of the I-140 petition, the individual Plaintiffs applied for immigrant visas at the U.S. Embassy in Moscow.
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
The Court therefore GRANTS Plaintiffs' motion to vacate the judgment under Rule 60(b).
Motion decided None Read by a model
Whose motion The plaintiff's motion Read by a model
The Court therefore GRANTS Plaintiffs' motion to vacate the judgment under Rule 60(b).
Disposition Granted in the applicant's favor The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart. Read by a model
For the reasons discussed, Plaintiffs' motions [Doc. #'s 59 & 61] are GRANTED.
Prevailing party Applicant Read by a model
The Court therefore GRANTS Plaintiffs' motion to vacate the judgment under Rule 60(b).
The delay claim Not decided here Read by a model
In order to exercise jurisdiction over the supplemental complaint in this matter, the Court will vacate its final judgment and orders that the case be reopened.
The other claims Not decided here Read by a model
The Court hereby orders that Plaintiffs file and serve its supplemental complaint on Defendants within 30 days of the date this order is stamped "FILED."
Months pending 37.2 months from the application to the suit; 51.4 months from the application to the agency's action Read by a model
rendered a decision on July 20, 2005. The individual Plaintiffs' applications were denied.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model

How the case ended

Docket
No. 3:04-cv-00996
Filed
May 14, 2004
Ended
May 24, 2005
Suit's filing to its end
375 days
How it ended
Judgment for the plaintiff
From the record
idb disp 6 (judgment: motion before trial), judgment for plaintiff

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

Supreme Court and Ninth 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 3, 2026. Check the current status before relying on one.