Zapien Hernandez v. Attorney General of the United States et al
| Monica Zapien Hernandez |
| Attorney General of the United States, Acting Associate Director of the Service Center, United States Citizenship and Immigration Services, United States Department of Homeland Security, Director, United States Citizenship and Immigration Services, Secretary, United States Department of Homeland Security, United States Citizenship and Immigration Services and United States Department of Homeland Security |
| 8:2021cv02099 |
| September 1, 2021 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Thomas G Wilson |
| Other Immigration Actions |
| 28 U.S.C. § 1361 |
| None |
Docket Report
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Filing 39
ORDER: Defendants' Motion to Dismiss (Doc. #37) is granted. This case is dismissed for lack of subject matter jurisdiction. The Clerk is directed to terminate any pending deadlines and motions, and thereafter close this case. Signed by Judge Thomas P. Barber on 10/29/2021. (ANL)
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Filing 38
ENDORSED ORDER: Plaintiff is directed to file a response to Defendants' motion to dismiss (Doc. #37) on or before October 22, 2021. Failure to file a response as directed will result in the Court considering the motion unopposed. Signed by Judge Thomas P. Barber on 10/8/2021. (ANL)
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| Filing 37 MOTION to Dismiss the Complaint by Acting Associate Director of the Service Center, United States Citizenship and Immigration Services, United States Department of Homeland Security, Attorney General of the United States, Director, United States Citizenship and Immigration Services, Secretary, United States Department of Homeland Security, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Rudy, John) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 36 NOTICE to Counsel of Local Rule 3.02(a)(2), which 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. (Signed by Deputy Clerk). (SRC) |
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Filing 35
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS)
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| Filing 34 TRANSFER IN from the Southern District of Florida (Miami Division). Case assigned to District Judge Thomas P. Barber and Magistrate Judge Thomas G. Wilson. New Case Number: 8:21-cv-2099-TPB-TGW. (AG) |
| Filing 33 Case transferred in from District of Florida Southern; Case Number 1:21-cv-20355. File received electronically |
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Filing 32
ORDER granting in part as to its request to transfer venue #28 Motion to Dismiss for Lack of Jurisdiction; denying without prejudice #28 Motion to Dismiss for Failure to State a Claim. Signed by Judge Raag Singhal on 8/31/2021. See attached document for full details. (drz) [Transferred from flsd on 9/1/2021.]
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| Active Hearings Before Prior Presider Deadline(s)/Hearing(s) terminated. (ch1) [Transferred from flsd on 9/1/2021.] |
| Filing 31 CLERKS NOTICE OF REASSIGNMENT OF CASE pursuant to Administrative Order 2021-52. Case reassigned to Judge Raag Singhal for all further proceedings. Judge Ursula Ungaro no longer assigned to case. (vjk) [Transferred from flsd on 9/1/2021.] |
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Filing 30
ORDER RESETTING INITIAL PLANNING AND SCHEDULING CONFERENCE. ( Scheduling Conference set for 6/25/2021 10:30 AM before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 4/30/2021. See attached document for full details. (drz) [Transferred from flsd on 9/1/2021.]
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| Filing 29 RESPONSE TO ORDER TO SHOW CAUSE re #6 Order to Show Cause, by U.S. Department of Homeland Security, Secretary, U.S. Department of Homeland Security, Attorney General of the United States, Acting Associate Director Service Center, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Service, Director, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security. (Fidler, Stephanie) [Transferred from flsd on 9/1/2021.] |
| Filing 28 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Petition (Complaint) for Writ of Mandamus, , Defendant's MOTION TO DISMISS #1 Petition (Complaint) for Writ of Mandamus, FOR FAILURE TO STATE A CLAIM ( Responses due by 4/13/2021) by Acting Associate Director Service Center, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Attorney General of the United States, Director, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Secretary, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Service, U.S. Department of Homeland Security. Attorney Stephanie I. R. Fidler added to party Acting Associate Director Service Center, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security(pty:dft), Attorney Stephanie I. R. Fidler added to party Attorney General of the United States(pty:dft), Attorney Stephanie I. R. Fidler added to party Director, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security(pty:dft), Attorney Stephanie I. R. Fidler added to party Secretary, U.S. Department of Homeland Security(pty:dft), Attorney Stephanie I. R. Fidler added to party U.S. Citizenship and Immigration Service(pty:dft), Attorney Stephanie I. R. Fidler added to party U.S. Department of Homeland Security(pty:dft). (Fidler, Stephanie) [Transferred from flsd on 9/1/2021.] |
| Filing 27 ACKNOWLEDGMENT OF SERVICE USCIS filed by Monica Zapien Hernandez. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 26 ACKNOWLEDGMENT OF SERVICE TRACY RENAUD DIRECTOR USCIS filed by Monica Zapien Hernandez. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 25 ACKNOWLEDGMENT OF SERVICE ATTY GEN. MONTY WILKINSON filed by Monica Zapien Hernandez. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 24 ACKNOWLEDGMENT OF SERVICE DEPT OF HOMELAND SECURITY filed by Monica Zapien Hernandez. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 23 ACKNOWLEDGMENT OF SERVICE CONNIE NOLAN filed by Monica Zapien Hernandez. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 22 ACKNOWLEDGMENT OF SERVICE ALEJANDRO MAYORKAS filed by Monica Zapien Hernandez. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 21 Clerks Notice to Filer re #11 Summons Returned Executed,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see DE# 20. It is not necessary to refile this document. (jas) [Transferred from flsd on 9/1/2021.] |
| Filing 20 SUMMONS (Affidavit) Returned Executed by Monica Zapien Hernandez. Attorney General of the United States served on 2/9/2021, answer due 4/12/2021. (See DE#11 for document image). (jas) [Transferred from flsd on 9/1/2021.] |
| Filing 19 Clerks Notice to Filer re #10 Summons Returned Executed,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see DE# 18. It is not necessary to refile this document. (jas) [Transferred from flsd on 9/1/2021.] |
| Filing 18 SUMMONS (Affidavit) Returned Executed by Monica Zapien Hernandez. U.S. Department of Homeland Security served on 2/8/2021, answer due 4/9/2021. (See DE#10 for document image). (jas) [Transferred from flsd on 9/1/2021.] |
| Filing 17 Clerks Notice to Filer re #9 Summons Returned Executed. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see DE# 16. It is not necessary to refile this document. (jas) [Transferred from flsd on 9/1/2021.] |
| Filing 16 SUMMONS (Affidavit) Returned Executed by Monica Zapien Hernandez. Director, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security served on 2/8/2021, answer due 4/9/2021. (See DE#9 for document image). (jas) [Transferred from flsd on 9/1/2021.] |
| Filing 15 Clerks Notice to Filer re #8 Summons Returned Executed,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see DE# 14. It is not necessary to refile this document. (jas) [Transferred from flsd on 9/1/2021.] |
| Filing 14 SUMMONS (Affidavit) Returned Executed by Monica Zapien Hernandez. Acting Associate Director Service Center, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security served on 2/8/2021, answer due 4/9/2021. (See DE#8 for document image). (jas) [Transferred from flsd on 9/1/2021.] |
| Filing 13 Clerks Notice to Filer re #7 Summons Returned Executed,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see DE# 12. It is not necessary to refile this document. (jas) [Transferred from flsd on 9/1/2021.] |
| Filing 12 SUMMONS (Affidavit) Returned Executed by Monica Zapien Hernandez. Secretary, U.S. Department of Homeland Security served on 2/10/2021, answer due 4/12/2021. (See DE#7 for document image). (jas) [Transferred from flsd on 9/1/2021.] |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Petition (Complaint) for Writ of Mandamus, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Monica ZAPIEN HERNANDEZ. monty wilkinson served on 2/9/2021, answer due 3/2/2021. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Petition (Complaint) for Writ of Mandamus, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Monica ZAPIEN HERNANDEZ. Department of Homeland Security served on 2/8/2021, answer due 3/1/2021. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Petition (Complaint) for Writ of Mandamus, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Monica ZAPIEN HERNANDEZ. Tracy Renaud served on 2/8/2021, answer due 3/1/2021. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Petition (Complaint) for Writ of Mandamus, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Monica ZAPIEN HERNANDEZ. CONNIE NOLAN served on 2/8/2021, answer due 3/1/2021. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Petition (Complaint) for Writ of Mandamus, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Monica ZAPIEN HERNANDEZ. Alejandro Mayorkas served on 2/10/2021, answer due 3/3/2021. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
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Filing 6
ORDER TO SHOW CAUSE re #1 Complaint for Writ of Mandamus. Show Cause Response due by 3/30/2021. In the event that Defendants do show good cause, Plaintiff may file a reply no later than Tuesday, April 13, 2021. Show Cause Hearing set for 5/7/2021 10:00 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 2/17/2021. See attached document for full details. (mc) [Transferred from flsd on 9/1/2021.]
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| Filing 5 ACKNOWLEDGMENT OF SERVICE PROOF OF SERVICE AG filed by Monica ZAPIEN HERNANDEZ. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 4 EXHIBITS 1,2,3 by Monica ZAPIEN HERNANDEZ. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
| Filing 3 Summons Issued as to Department of Homeland Security, Alejandro Mayorkas, CONNIE NOLAN, Tracy Renaud, USCIS, monty wilkinson (mee) Modified text on 1/28/2021 (asl). [Transferred from flsd on 9/1/2021.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. (mee) [Transferred from flsd on 9/1/2021.] |
| Filing 1 Petition (Complaint) for Writ of Mandamus against All Defendants. Filing fee $ 402.00 receipt number AFLSDC-14295399, filed by Monica ZAPIEN HERNANDEZ. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) DHS, #3 Summon(s) MAYORKAS, #4 Summon(s) NOLAN, #5 Summon(s) RENAUD, #6 Summon(s) USCIS, #7 Summon(s) WILKINSON A.G.)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (De la Mar, Jorge) [Transferred from flsd on 9/1/2021.] |
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