Bandayan v. United States Department of Homeland Security et al
| Nashwan Bandayan |
| United States Department of Homeland Security, Field Office Directo Erin Fatica, United States Citizenship and Immigration Services, Kenneth Cuccinelli and Alejandro Mayorkas |
| 8:2021cv01369 |
| June 7, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Other Immigration Actions |
| 08 U.S.C. § 1329 |
| None |
Docket Report
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This docket was last retrieved on July 9, 2021. A more recent docket listing may be available from PACER.
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Filing 18
ENDORSED ORDER: Plaintiff Nashwan Bandayan has filed a notice of voluntary dismissal with prejudice. (Doc. #17). As no answer or motion for summary judgment has been filed in this case, dismissal via unilateral notice pursuant to Rule 41(a)(1) is permissible. Pursuant to that rule and the notice of dismissal, this case is dismissed with prejudice, with each side to pay its own fees and costs. The Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 7/9/2021. (LEA)
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| Filing 17 NOTICE of voluntary dismissal by Nashwan Bandayan (Hacking, James) |
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Filing 16
ENDORSED ORDER granting in part the joint motion for an extension of deadlines. (Doc. #15). The Court commends the parties for working together to resolve the case. However, that does not relieve the parties from their obligation of timely filing a completed case management report. The case management report is due by July 9, 2021. In an abundance of fairness, the Court grants Defendants until July 16, 2021, to file a responsive pleading to the complaint. Signed by Judge Virginia M. Hernandez Covington on 7/2/2021. (LEA)
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| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re 14 Order filed by Kenneth Cuccinelli, Erin Fatica, Alejandro Mayorkas, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Harwell, Lacy) |
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Filing 14
ENDORSED ORDER: This case was filed in the District of Columbia on March 18, 2021, (Doc. # 1) and transferred to the Middle District of Florida on May 26, 2021. (Doc. # 6, 8, 9). Noting that there was no pending motion to dismiss or answer on the docket, the Court directed Defendants to file a responsive pleading to the complaint by June 23, 2021. (Doc. # 12). The Court also directed the parties to file a completed case management report by June 25, 2021. (Doc. # 13). No case management report has been filed. More importantly, no answer has been filed and Plaintiff Nashwan Bandayan has not promptly applied to the Clerk for entry of default. Accordingly, Mr. Bandayan is directed to show cause by July 12, 2021, why this action should not be dismissed for failure to prosecute and failure to comply with the Court's orders. Signed by Judge Virginia M. Hernandez Covington on 6/30/2021. (LEA)
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Filing 13
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by June 25, 2021, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 6/11/2021. (LEA)
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Filing 12
ENDORSED ORDER: This case was filed in the District of Columbia on March 18, 2021. (Doc. #1). On May 26, 2021, the district court denied Defendants' motion to dismiss based on improper venue and transferred the case to the Middle District of Florida. (Doc. # #6, #8, 9). From the Court's review of the docket, there is no pending motion to dismiss or answer to the complaint. Accordingly, Defendants are directed to file a responsive pleading to the complaint by June 23, 2021. Signed by Judge Virginia M. Hernandez Covington on 6/9/2021. (LEA)
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| Filing 11 NOTICE to counsel Christopher Charles Hair 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 by submitting an e-file registration through PACER. (Signed by Deputy Clerk). (JNB) |
| Filing 10 NOTICE to counsel James Oliver Hacking, III Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (JNB) |
| Filing 9 TRANSFER IN from the District of Columbia. Case assigned to District Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New Case Number: 8:21-cv-1369-VMC-AEP. (JNB) |
| Filing 8 Case transferred in from District of District of Columbia; Case Number 1:21-cv-00717. File received electronically |
| Set/Reset Deadlines: Transfer due by 6/5/2021. (mac) [Transferred from dcd on 6/7/2021.] |
| Filing 7 NOTICE of Consent to Transfer by NASHWAN BANDAYAN re #6 MOTION to Transfer Case to the Middle District of Florida MOTION to Dismiss (Hacking, James) [Transferred from dcd on 6/7/2021.] |
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MINUTE ORDER granting #6 Motion to Transfer Case; denying #6 Motion to Dismiss. In view of #7 Plaintiff's Notice of Consent to Transfer, and pursuant to 28 U.S.C. 1404(a), it is hereby ORDERED that this case is TRANSFERRED to the United States District Court for the Middle District of Florida. The Court therefore denies Defendants' motion to dismiss based on improper venue. See Roman-Salgado v. Holder, 730 F. Supp. 2d 126, 129 (D.D.C. 2010) ("[T]he standard remedy for improper venue is to transfer the case to the proper court rather than dismissing it."). However, because the case is being transferred, the Court will no longer have jurisdiction over the case and thus does not have the authority to grant leave for Defendants to refile any motion to dismiss nor to set any deadlines for the filing of any motions in another courts docket. Signed by Judge Emmet G. Sullivan on 5/26/2021. (lcegs2) [Transferred from dcd on 6/7/2021.]
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| Filing 6 MOTION to Transfer Case to the Middle District of Florida, MOTION to Dismiss by KENNETH CUCCINELLI, ERIN FATICA, ALEJANDRO MAYORKAS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Hair, Christopher) [Transferred from dcd on 6/7/2021.] |
| Filing 5 NOTICE of Appearance by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) [Transferred from dcd on 6/7/2021.] |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH CUCCINELLI served on 3/26/2021; ERIN FATICA served on 3/24/2021; ALEJANDRO MAYORKAS served on 3/26/2021; UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 3/26/2021; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 3/26/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/29/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/29/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 5/28/2021.) (Attachments: #1 Exhibit)(Hacking, James) [Transferred from dcd on 6/7/2021.] |
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Filing 3
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 03/26/21. (Attachment: #1 Exhibit 1) (mac) [Transferred from dcd on 6/7/2021.]
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| Filing 2 SUMMONS (7) Issued Electronically as to KENNETH CUCCINELLI, ERIN FATICA, ALEJANDRO MAYORKAS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) [Transferred from dcd on 6/7/2021.] |
| Case Assigned to Judge Emmet G. Sullivan. (zsb) [Transferred from dcd on 6/7/2021.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8313666) filed by NASHWAN BANDAYAN. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Hacking, James) [Transferred from dcd on 6/7/2021.] |
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