State of Florida v. United States of America et al
| State of Florida |
| U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, Troy Miller, Tracy Renaud, The United States of America, U.S. Citizenship and immigration Services, Tae Johnson, Alejandro Mayorkas, U.S. Customs and Border Protection, United States Department of Homeland Security, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States of America and United States Immigration and Customs Enforcement |
| ACLU of Florida, American Civil Liberties Union, Immigration Reform Law Institute and Advocates for Victims of Illegal Alien Crime |
| 8:2021cv00541 |
| March 8, 2021 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Charlene Edwards Honeywell |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0702 |
| None |
Docket Report
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This docket was last retrieved on May 18, 2021. A more recent docket listing may be available from PACER.
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| Filing 34 Unopposed MOTION to Amend #4 MOTION for Preliminary Injunction by State of Florida. (Attachments: #1 Exhibit PI Hearing Transcript, #2 Exhibit ICE Email)(Percival, James) |
| Filing 33 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Sharon A. Miller. (SAM) |
| Filing 32 TRANSCRIPT of PRELIMINARY INJUNCTION HEARING (via ZOOM) held on APRIL 13, 2021 before Judge CHARLENE EDWARDS HONEYWELL. Court Reporter/Transcriber SHARON A. MILLER,Telephone number 813-301-5041. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 5/7/2021 Redacted Transcript Deadline set for 5/17/2021 Release of Transcript Restriction set for 7/15/2021. (SAM) |
| Filing 31 Minute Entry. Virtual Proceedings held before Judge Charlene Edwards Honeywell: MOTION HEARING held on 4/13/2021 re #4 MOTION for Preliminary Injunction filed by State of Florida. Court Reporter: Sharon A. Miller (BGS) |
| Filing 30 NOTICE by Alejandro Mayorkas, Tae Johnson, Tracy Renaud, Troy Miller, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States of America (Attachments: #1 Supplement Declaration)(Cholera, Kuntal) |
| Filing 29 NOTICE by State of Florida of Filing Supplemental Exhibits re #4 MOTION for Preliminary Injunction (Attachments: #1 Exhibit 19 - Thomas Declaration with ICE Emails (Supp. to Doc. 4-1), #2 Exhibit 20 - Criminal Alien Information (Supp. to Doc. 4-2))(Patel, Anita) |
| Filing 28 ***TERMINATED-COUNSEL ON SIGNATURE LINE DOES NOT MATCH COUNSEL OF ENTRY--COUNSEL NOTIFIED TO RE-FILE***NOTICE by State of Florida of Filing Supplemental Exhibits re #4 MOTION for Preliminary Injunction (Attachments: #1 Exhibit 19 - Thomas Declaration with ICE Emails (Supp. to Doc. 4-1), #2 Exhibit 20 - Criminal Alien Information (Supp. to Doc. 4-2))(Patel, Anita) Modified on 4/5/2021 (CTR). |
Filing 27
ORDERED: Plaintiff's Unopposed Motion for Leave to Amend Motion for Preliminary Injunction #26 is GRANTED. See Order for additional details. Signed by Judge Charlene Edwards Honeywell on 4/2/2021. (CSS)
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| Filing 26 Unopposed MOTION to Amend #4 MOTION for Preliminary Injunction by State of Florida. (Patel, Anita) |
| Filing 25 NOTICE of Hearing on Motion re #4 MOTION for Preliminary Injunction. Motion Hearing set for 4/13/2021 at 10:00 AM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. The hearing scheduled for APRIL 13, 2021 will be conducted via ZOOM VIDEO CONFERENCE. The Clerk will be sending everyone an invitation to the meeting via email. If you have any questions, please contact courtroom deputy, Bettye Samuel, at Bettye_Samuel@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, you are hereby reminded that under Local Rule 5.01 the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited. Additionally, please dress appropriately for the hearing and DO NOT share the hearing password with anyone.(BGS) |
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Filing 24
ORDERED: Unopposed Motion of Immigration Reform Law Institute for Leave to File a Memorandum of Law as Amicus Curiae in Support of Florida's Motion for a Preliminary Injunction #18 is DENIED. Unopposed Motion of Advocates for Victims of Illegal Alien Crime for Leave to File an Amicus Brief in Support of the State of Florida's Motion for a Preliminary Injunction #21 is DENIED. Unopposed Motion of the American Civil Liberties Union and ACLU of Florida for Leave to File Brief as Amici Curiae #22 is DENIED.Signed by Judge Charlene Edwards Honeywell on 3/24/2021. (JDE)
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| Filing 23 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction filed by Alejandro Mayorkas, Tae Johnson, Tracy Renaud, Troy Miller, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration of Peter Berg, #4 Declaration of Mitchell Diaz)(Cholera, Kuntal) |
| Filing 22 Unopposed MOTION for Leave to File Amicus Brief by American Civil Liberties Union, ACLU of Florida. (Attachments: #1 Exhibit Proposed Amici Brief)(Kacou, Amien) |
| Filing 21 MOTION for Leave to File Amicus Brief by Advocates for Victims of Illegal Alien Crime. (Attachments: #1 Exhibit proposed amicus brief)(Zimolong, Walter) |
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Filing 20
ORDERED: Upon review of Plaintiff's Response #17 to the Court's Order to Show Cause #16, the Court accepts Florida's Response and finds that venue in the Middle District of Florida, Tampa Division, has been sufficiently alleged. The Court will take no further action on the Order to Show Cause and it is DISCHARGED. Signed by Judge Charlene Edwards Honeywell on 3/22/2021. (JDE)
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| Filing 19 NOTICE by State of Florida of Service (Attachments: #1 Exhibit A - USPS Certified Mail Receipts, #2 Exhibit B - USPS Delivery Confirmations)(Patel, Anita) |
| Filing 18 Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiff's Motion for a Preliminary Injunction by Immigration Reform Law Institute. (Attachments: #1 Local Rule 3.01(g) Certification, #2 Disclosure Statement, #3 Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction, #4 Certificate of Service)(Dunn, Kristian) |
| Filing 17 RESPONSE TO ORDER TO SHOW CAUSE re #16 Order pdf filed by State of Florida. (Patel, Anita) |
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Filing 16
ORDERED: Plaintiff is directed to SHOW CAUSE as to why venue of this action is proper in the Middle District of Florida, Tampa Division, pursuant to 28 U.S.C. 1391(e)(1). Plaintiff shall file a written response within FOURTEEN (14) DAYS from the date of this Order. Additionally, Plaintiff may file an Amended Complaint, which cures the deficiency as to venue, within FOURTEEN (14) DAYS from the date of this Order. Failure to respond to this Order within the time provided will result in this action being transferred to the Northern District of Florida, without further notice. Signed by Judge Charlene Edwards Honeywell on 3/15/2021. (CSS)
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Filing 15
ENDORSED ORDER granting #14 ENDORSED ORDER granting #14 Walter S. Zimolong's motion to appear pro hac vice. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements. Signed by Magistrate Judge Sean P. Flynn on 3/12/2021. (DK)
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| Filing 14 MOTION for Walter S. Zimolong III to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17995637 for $150 by Advocates for Victims of Illegal Alien Crime. (Zimolong, Walter) Motions referred to Magistrate Judge Sean P. Flynn. |
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Filing 13
ENDORSED ORDER granting #11 Motion for Extension of Time to File Response / Reply ; granting #11 Motion to File Excess Pages. Defendants may file a response to the motion for preliminary injunction, which does not exceed twenty-five (25) pages, by March 23, 2021 or seven days before the oral argument, whichever is later. See Local Rule 6.02(c). Signed by Judge Charlene Edwards Honeywell on 3/11/2021. (CEH)
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Filing 12
ENDORSED ORDER granting #7 Motion for Hearing / Settlement Conference. Oral argument on the motion for preliminary injunction will be scheduled by separate notice. Signed by Judge Charlene Edwards Honeywell on 3/11/2021. (CEH)
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| Filing 11 Consent MOTION for Extension of Time to File Response/Reply as to #4 MOTION for Preliminary Injunction , Consent MOTION to File Excess Pages by All Defendants. (Cholera, Kuntal) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 10 NOTICE of Appearance by Kuntal V. Cholera on behalf of Alejandro Mayorkas, Tae Johnson, Tracy Renaud, Troy Miller, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States of America (Cholera, Kuntal) |
| Filing 9 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) |
| Filing 8 NOTICE to Counsel of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (BGS) |
| Filing 7 MOTION/REQUEST for oral argument re #4 MOTION for Preliminary Injunction by State of Florida. (Patel, Anita) Modified on 3/9/2021 (CTR). |
| Filing 6 CORPORATE Disclosure Statement by State of Florida. (Patel, Anita) |
| Filing 5 NOTICE to counsel Jason H. Hilborn of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system. (Signed by Deputy Clerk) (JLD) |
| Filing 4 MOTION for Preliminary Injunction by State of Florida. (Attachments: #1 Exhibit 1, Thomas Declaration w/ ICE Emails, #2 Exhibit 2, Criminal Alien Information, #3 Exhibit 3, January 20 Memo, #4 Exhibit 4, February 18 Memo, #5 Exhibit 5, 2017 Memo, #6 Exhibit 6, 2014 Memo, #7 Exhibit 7, Agreements w/ ICE, #8 Exhibit 8, ICE Arrest Data, #9 Exhibit 9, BOP Florida Data, #10 Exhibit 10, Federal Alien Inmates Data, #11 Exhibit 11, Recidivism Data, #12 Exhibit 12, Crime Victim Expenditures, #13 Exhibit 13, Ensley Declaration, #14 Exhibit 14, Lloyd Declaration, #15 Exhibit 15, Gourley Declaration, #16 Exhibit 16, Pasco County Public Records, #17 Exhibit 17, ICE's New Procedures, #18 Exhibit 18, Homan Declaration, #19 Text of Proposed Order)(Percival, James) |
| Filing 3 SUMMONS issued as to Alejandro Mayorkas, Tae Johnson, The United States of America, Tracy Renaud, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement. (JLD) |
| Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Sean P. Flynn. New case number: 8:21-cv-0541-CEH-SPF. (SJB) |
| Filing 1 COMPLAINT against Alejandro Mayorkas, Tae Johnson, United States of America, Tracy Renaud, Troy Miller, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Filing fee $ 402 receipt number 113A-17974414) filed by State of Florida. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1, January 20 Memo, #4 Exhibit 2, February 18 Memo, #5 Exhibit 3, 2017 Memo, #6 Exhibit 4, 2014 Memo, #7 Exhibit 5, Thomas Declaration w/ Attachments, #8 Exhibit 6, Criminal Information)(Percival, James) Modified on 3/9/2021 (JLD). |
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