Missaghi

Simin Missaghi, et al. v. Antony Blinken, et al.

Good Law
United States District Court, Northern District of CaliforniaNovember 21, 20253:24-cv-08601California373 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 SIMIN MISSAGHI, et al., Case No. 24-cv-08601-TSH

Plaintiffs,

ORDER TO SHOW CAUSE

v.

ANTONY BLINKEN, et al., Defendants.

11 On December 1, 2024, Plaintiffs Simin Missaghi and Maria Cristina Hajiamini filed this complaint requesting an order compelling the government to adjudicate Hajiamini’s immigrant visa application. To date, no proof of service of the summons and complaint has been filed. Proper service of process is a prerequisite to the Court’s exercise of personal jurisdiction over a defendant. Fed. R. Civ. P. 4(k). “‘A federal court is without personal jurisdiction over a defendant unless the defendant has been served in accordance with Federal Rule of Civil Procedure 4.’” Crowley v. Bannister, 734 F.3d 967, 974–75 (9th Cir. 2013) (quoting Travelers Cas. & Sur. Co. of Am. v. Brenneke, 551 F.3d 1132, 1135 (9th Cir. 2009)). “[N]othing in the Federal Rules of Civil Procedure allows a judge to excuse service altogether. Actual notice to the 21…

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