STATE OF FLORIDA v. MAYORKAS et al
| State of Florida |
| Alejandro Mayorkas, Raul Ortiz and United States |
| 3:2023cv09962 |
| May 10, 2023 |
| US District Court for the Northern District of Florida |
| ZACHARY C BOLITHO |
| T KENT WETHERELL |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on July 3, 2023. A more recent docket listing may be available from PACER.
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Filing 52
ORDER. Upon the Court's own motion and in the interest of justice, it is ORDERED that the Order Staying Case (Doc. #51 ) is clarified insofar as the stay does not affect Defendants' reporting obligations under Docs. #31 and #36 . Signed by JUDGE T KENT WETHERELL II on 07/03/23. (jfj)
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Filing 51
ORDER STAYING CASE. This case is before the Court based on the parties' joint status report (Doc. #50 ), which states that the parties agree that this case should be stayed pending the Eleventh Circuit's decision Case Nos. 23-11528 and 23-11644. Accordingly, it is ORDERED that this case is STAYED pending further order. The parties shall file a status report 7 days after the Eleventh Circuit's decision or 90 days from the date of this Order, whichever occurs first. Signed by JUDGE T KENT WETHERELL II on 06/29/23. (Status Report due by 9/27/2023.) (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #50 Notice - JOINT STATUS REPORT. (jfj) |
| Filing 50 NOTICE of Compliance by STATE OF FLORIDA re #49 Order,, (PERCIVAL, JAMES) |
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Filing 49
ORDER. Upon due consideration of the parties' joint status report (Doc. #45 ), and based on the discussions held at the telephonic scheduling conference on June 21, 2023, it is ORDERED that: The parties may begin discovery on the issue of standing immediately. The deadline for Defendants to answer or otherwise respond to the amended complaint is tolled pending further order. The parties shall file a status report within 7 days after the Supreme Court issues its opinion in United States v. Texas, No. 22-58, along with a proposed case management schedule. (SEE FUL ORDER) Signed by JUDGE T KENT WETHERELL II on 06/21/23. (jfj)
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| Filing 48 Minute Entry for proceedings held before JUDGE T KENT WETHERELL II: Telephonic Scheduling Conference held on 6/21/2023. Order to be entered. (Court Reporter Julie Wycoff). (pmc) |
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Filing 47
NOTICE OF TELEPHONIC SCHEDULING CONFERENCE. TAKE NOTICE that a telephonic scheduling conference in this case has been set before Judge T. Kent Wetherell as described below: DATE: Wednesday, June 21, 2023 at TIME: 1:00 P.M. C.T. (SEE FULL ORDER) Signed by JUDGE T KENT WETHERELL II on 06/13/23. (Telephonic Scheduling Conference set for 6/21/2023 at 01:00 PM before JUDGE T KENT WETHERELL II.) (jfj)
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| Filing 46 NOTICE of Filing Challenged Policy by STATE OF FLORIDA (Attachments: #1 Exhibit NTA/OR Policy) (PERCIVAL, JAMES) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #45 JOINT STATUS REPORT, #46 NOTICE OF FILING CHALLENGED POLICY. (jfj) |
| Filing 45 NOTICE of Filing Joint Status Report by STATE OF FLORIDA re #30 Preliminary Injunction,,,, Set Deadlines/Hearings,,, (PERCIVAL, JAMES) |
| Filing 44 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: #32 Notice of Appeal, Appeal No. 23-11644-G. The entire record on appeal is available electronically. (jfj) |
| Filing 43 FIRST AMENDED COMPLAINT against All Defendants All Defendants., filed by STATE OF FLORIDA. (Attachments: #1 Exhibit Red Line Showing Changes) (PERCIVAL, JAMES) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #43 AMENDED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, AND DECLARATORY RELIEF. (jfj) |
| Filing 42 TRANSCRIPT REQUEST by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES (DARROW, JOSEPH) |
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Filing 41
ORDER GRANTING EXTENSION OF TIME. Upon due consideration of Plaintiff's consent motion for extension of time (Doc. #38 ), it is ORDERED that the motion is GRANTED, and the deadline for the parties to file their status report / proposed case management schedule is extended to the later of June 6, 2023, or 7 days after the Eleventh Circuit rules on Defendants' emergency motion for a stay. Signed by JUDGE T KENT WETHERELL II on 05/26/23. (Status Report due by 6/6/2023, or 7 days after the Eleventh Circuit rules on Defendants' emergency motion for a stay.) (jfj)
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| Filing 40 NOTICE of Appearance by DARRICK WILLIAM MONSON on behalf of STATE OF FLORIDA (MONSON, DARRICK) |
| Filing 39 NOTICE of Proof of Service by STATE OF FLORIDA (Attachments: #1 Exhibit Certified Mail Receipts, #2 Exhibit USPS Tracking) (CHRISTMAS, NATALIE) |
| Filing 38 Consent MOTION to Extend Time to File a Status Report by STATE OF FLORIDA. (PERCIVAL, JAMES) |
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Filing 36
ORDER. This case is before the Court based on Defendants' further response to the Order to Show Cause (Doc. #35 ). The Order to Show Cause (Doc. #17 ) is discharged, subject to the follow- up reporting required for the 2,752 aliens released under the Parole with Conditions policy after the TRO took effect. See Doc. #31 at 4 (1). Signed by JUDGE T KENT WETHERELL II on 05/22/23. (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #35 DEFENDANTS' FURTHER RESPONSE TO ORDER TO SHOW CAUSE. (jfj) |
| Filing 35 RESPONSE by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES re #31 Order,,,, Set Deadlines/Hearings,,, . (Attachments: #1 Exhibit BeMiller Declaration) (FABIAN, SARAH) |
| Filing 37 USCA PROCEDURAL LETTER re: #32 NOTICE OF APPEAL as to #30 Preliminary Injunction. USCA Appeal # 23-11644-G (jfj) |
| Filing 34 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #32 Notice of Appeal. (jfj) |
| Filing 33 Appeal Instructions re: #32 Notice of Appeal : The Transcript Request Form is available on the Internet at https://www.flnd.uscourts.gov/form/eleventh-circuit-transcript-information-form **PLEASE NOTE** Separate forms must be filed for each court reporter in both the district court and the appeals court. Transcript Order Form due by 5/31/2023. (jfj) |
| Set Deadlines re #32 Notice of Appeal: Clerk to check status of Appeal on 8/15/2023. Certificate of Readiness (FRAP 11) due by 6/1/2023. (jfj) |
| Filing 32 NOTICE OF APPEAL as to #30 Preliminary Injunction,,,, Set Deadlines/Hearings,,, by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. ( (DARROW, JOSEPH) |
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Filing 31
ORDER. The Order to Show Cause is discharged as to the 2,576 aliens released under the Parole with Conditions policy after the TRO went into effect, but DHS shall file periodic reports on the status of those aliens containing the information described above. The first report is due 60 days from the date of this Order, which roughly corresponds to the period within which those aliens are required report to ICE to be issued NTAs under the Parole with Conditions policy. Consideration of the Order to Show Cause is deferred as to the 167 aliens who may have released under the Parole with Conditions policy even though their processing may not have been fully complete when the TRO took effect, and DHS shall file supplemental information about the circumstances of those aliens' releases on or before Friday, May 19, 2023. Signed by JUDGE T KENT WETHERELL II on 05/16/23. (Report due by 7/17/2023.) (jfj)
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Filing 30
PRELIMINARY INJUNCTION. DHS is enjoined from implementing or enforcing the parole policy contained in the May 10, 2023, Memorandum from U.S. Border Patrol Chief Raul Ortiz, titled "Policy on Parole with Conditions in Limited Circumstances Prior to Issuance of a Charging Document (Parole with Conditions)," pending disposition of this case or further order of the Court. The parties shall file a status report 14 days from the date of this Order explaining how they intend to proceed with this case in this Court pending resolution of DHS's expected appeal of the preliminary injunction, and unless the parties agree that this case should be stayed pending appeal, the status report shall include a proposed scheduling order. Signed by JUDGE T KENT WETHERELL II on 05/16/23. (Status Report due by 5/30/2023.) (jfj)
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Filing 29
ORDER DENYING STAY. DHS's motion to stay the TRO (Doc. #13 ) is DENIED. The Court will rule on DHS's request to convert the TRO into a preliminary injunction in the next day or so. Signed by JUDGE T KENT WETHERELL II on 5/15/2023. (pmc)
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| Filing 28 NOTICE Joint Notice of Compliance with ECF No. 18 by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES re #18 Order,,, (FABIAN, SARAH) |
| Filing 27 NOTICE Declaration - Attachment A by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES re #26 Response to Order to Show Cause (FABIAN, SARAH) |
| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: #1 Exhibit) (FABIAN, SARAH) |
| Filing 25 NOTICE by STATE OF FLORIDA re #21 Response in Opposition to Motion, #22 Notice (Other) (PERCIVAL, JAMES) |
| Filing 24 NOTICE filing Proposed Order by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES (FABIAN, SARAH) |
| Filing 23 NOTICE of Appearance by DANIEL WILLIAM BELL on behalf of STATE OF FLORIDA (BELL, DANIEL) |
| Filing 22 NOTICE of Filing Proposed Order by STATE OF FLORIDA (PERCIVAL, JAMES) |
| Filing 21 RESPONSE in Opposition re #13 Emergency MOTION to Stay re #10 Temporary Restraining Order,,, and Vacatur Pending Appeal filed by STATE OF FLORIDA. (PERCIVAL, JAMES) |
| Filing 20 NOTICE of Appearance by SARAH B FABIAN on behalf of All Defendants (FABIAN, SARAH) |
| Filing 19 According to the parties' #16 Notice of Joint Stipulation Regarding Further Proceedings, Florida has withdrawn its #11 Motion to Compel Production of Administrative Record and for Limited Discovery without prejudice to filing a similar motion later in the proceedings as may be appropriate. The Clerk of Court, therefore, is directed to terminate the motion #11 . The hearing scheduled for today at 3:30pm (EST) is canceled. (See Doc. 12). Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 5/15/2023. (hmw) |
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Filing 18
ORDER. The preliminary injunction hearing scheduled for May 19, 2023, is cancelled. The parties shall confer in an effort to reach a stipulation regarding the number of daily encounters during the days or weeks leading up to the expiration of the Title 42 Order and the number of daily encounters since. The stipulation shall be filed as soon as possible today, preferably by the deadline for the proposed preliminary injunctions. If the parties cannot reach a stipulation, they shall explain in their proposed preliminary injunctions why the Court cannot take judicial notice of the statements that have been attributed to the DHS Secretary about the lower- than-expected number of encounters in evaluating the weight of the evidence currently before the Court and in determining whether to stay the TRO and/or enter a preliminary injunction. (SEE FULL ORDER) Signed by JUDGE T KENT WETHERELL II on 05/15/23. (jfj)
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Filing 17
ORDER TO SHOW CAUSE. It has come to the Court's attention that there are published news reports stating that DHS "paroled" 2,500 aliens after the Court entered its temporary restraining order. No later than 2:00 p.m. central time today, Defendants shall file a report with the Court addressing the allegations in the article referenced above, and if the allegations are true, Defendants shall show cause why they should not be held in contempt for violating the temporary restraining order. (SEE FULL ORDER) Signed by JUDGE T KENT WETHERELL II on 05/15/23. (Show Cause Response due by 2:00 p.m. central time on 5/15/2023. (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #26 Response to Order to Show Cause, #27 NOTICE Declaration - Attachment A by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES re 26 Response to Order to Show Cause. (jfj) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #24 NOTICE filing Proposed Order by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (jfj) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #21 FLORIDA'S RESPONSE TO DEFENDANTS' EMERGENCY STAY MOTION, #22 FLORIDA'S PROPOSED ORDER, #25 Notice (jfj) |
| Filing 16 NOTICE of Joint Stipulation Regarding Further Proceedings by STATE OF FLORIDA (PERCIVAL, JAMES) |
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Filing 15
ORDER SHORTENING RESPONSE PERIOD - Plaintiff shall have until noon central time on Monday, May 15, 2023, to respond to Defendants' motion to stay #13 and explain why the TRO should not be converted into a preliminary injunction. By that same deadline, 5/15/2023, each party may submit a proposed preliminary injunction for the Court's consideration in the event the Court decides to deny the motion to stay and grant Plaintiff's request to convert the TRO into a preliminary injunction. (Internal deadline for referral to judge if response not filed earlier: 5/15/2023). Signed by JUDGE T KENT WETHERELL II on 5/13/2023. (erl)
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| Filing 14 RESPONSE to Motion re #13 Emergency MOTION to Stay re #10 Temporary Restraining Order,,, and Vacatur Pending Appeal filed by STATE OF FLORIDA. (PERCIVAL, JAMES) |
| Filing 13 Emergency MOTION to Stay re #10 Temporary Restraining Order,,, and Vacatur Pending Appeal by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: #1 Exhibit A - May 12, 2023 Declaration of Matthew Hudak, #2 Exhibit B - May 12, 2023 Declaration of Daniel Bible, #3 Text of Proposed Order Proposed Order) (DARROW, JOSEPH) |
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Filing 12
ORDER entered re Florida's #11 Motion to Compel Production of Administrative Record and for Limited Discovery. Defendants shall have until May 15, 2023 at 12:00 p.m. (EST) to respond to Florida's motion. The Court will hold a telephone hearing on Florida's motion on May 15, 2023 at 3:30 p.m. (EST). Call-in instructions will be circulated by the Court the morning of May 15, 2023. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 5/12/2023. (hmw)
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| Filing 11 MOTION to Compel Production of Administrative Record and for Limited Discovery by STATE OF FLORIDA. (Attachments: #1 Exhibit Conferral with counsel) (PERCIVAL, JAMES) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #11 MOTION to Compel Production of Administrative Record and for Limited Discovery. (alb) Modified on 5/12/2023 (jfj) Motion now referred to Magistrate Judge. |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #11 TIME SENSITIVE MOTION FOR LIMITED DISCOVERY AND TO COMPEL PRODUCTION OF THE ADMINISTRATIVE RECORD. Referred to ZACHARY C BOLITHO. (jfj) |
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Filing 10
TEMPORARY RESTRAINING ORDER re #2 Emergency MOTION for Temporary Restraining Order. ORDERED that: DHS is enjoined from implementing or enforcing the parole policy contained in the May 10, 2023, Memorandum from U.S. Border Patrol Chief Raul Ortiz, titled "Policy on Parole with Conditions in Limited Circumstances Prior to Issuance of a Charging Document (Parole with Conditions)." This TRO will take effect at 11:59 p.m. eastern time to correspond with the expiration of the Title 42 Order and to give Defendants an opportunity to seek an emergency stay from a higher court. This TRO will expire 14 days from the date of this Order. See Fed. R. Civ. P. 65(b)(2). A preliminary injunction hearing is scheduled for May 19, 2023, at 9:00 a.m. in the United States Courthouse, 1 North Palafox Street, Courtroom 4 North, Pensacola, Florida. Signed by JUDGE T KENT WETHERELL II on 5/11/2023. (pmc)
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| Filing 9 RESPONSE in Opposition re #2 Emergency MOTION for Temporary Restraining Order filed by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: #1 Exhibit A - Policy on Parole With Conditions, #2 Exhibit B - Matthew Hudak Declaration) (DARROW, JOSEPH) |
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Filing 8
ORDER. Defendants' motion for extension of time (Doc. #7 ) is GRANTED in part, and Defendants shall have until 5:00 p.m. eastern time today to respond to Plaintiff's emergency motion for a TRO. Signed by JUDGE T KENT WETHERELL II on 05/11/23. (jfj)
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| Filing 7 MOTION for Extension of Time to File Response/Reply as to #3 Order, Notice of Receiving Complaint and TRO by Alejandro Mayorkas, Raul Ortiz, United States. (Attachments: #1 Exhibit A - May 10, 2023 Memorandum) (DARROW, JOSEPH) |
| Filing 6 NOTICE of Appearance by JOSEPH ANTON DARROW on behalf of All Defendants (DARROW, JOSEPH) |
| Filing 5 NOTICE of Filing Copy of Challenged Policy by State of Florida re #2 Emergency MOTION for Temporary Restraining Order (Attachments: #1 Exhibit The Challenged Policy) (PERCIVAL, JAMES) |
| Filing 4 Summons Issued as to Alejandro Mayorkas, Raul Ortiz, United States. (Attachments: #1 Summons, #2 Summons) (jfj) |
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Filing 3
ORDER REQUIRING EXPEDITED RESPONSE. Florida shall email a copy of this Order on the attorneys who represented the defendants in Florida. Defendants shall have until 4:00 p.m. eastern time to respond to Florida's emergency motion for a TRO (Doc. #2 ). The response shall be e-filed through CM/ECF and emailed to flnd_wetherell@flnd.uscourts.gov. Signed by JUDGE T KENT WETHERELL II on 05/11/23. (jfj)
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| Filing 2 Emergency MOTION for Temporary Restraining Order by State of Florida. (Attachments: #1 Exhibit Emails with Counsel) (PERCIVAL, JAMES) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #2 Emergency MOTION for Temporary Restraining Order. (jfj) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #5 Notice. (jfj) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #9 OPPOSITION TO EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER. (jfj) |
| Set Hearing: Preliminary Injunction Hearing set for 5/19/2023 at 9:00 AM in U.S. Courthouse Pensacola before JUDGE T KENT WETHERELL II. (pmc) |
| Filing 1 COMPLAINT for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief against All Defendants ( Filing fee $ 402 receipt number AFLNDC-7864201.), filed by State of Florida. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Proposed Summons) (PERCIVAL, JAMES) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #1 COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, AND DECLARATORY RELIEF. (jfj) |
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