Powers v. Nielsen et al
| Odeiu Joy Powers |
| Acting Secretary Kevin McAleenan, Kirstjen Nielsen and U.S. Homeland Security |
| 0:2019cv62967 |
| December 3, 2019 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Raag Singhal |
| Alicia O Valle |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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Filing 47
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 10/26/2020 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Calendar Call set for 10/23/2020 10:00 AM in Fort Lauderdale Division before Judge Raag Singhal.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Discovery Matters. Magistrate Judge Barry S. Seltzer no longer assigned as referral judge(s) in case. Signed by Judge Raag Singhal on 1/29/2020. See attached document for full details. (cds) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 46
ORDER, granting #43 Motion for Extension of Time to File ; denied without prejudice #45 Motion for Leave to Appear. Signed by Judge Raag Singhal on 1/28/2020. See attached document for full details. (mee)
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| Filing 45 MOTION to Appear Remotely by Odeiu Joy Powers. (mee) Modified relief on 1/24/2020 (asl). |
| Filing 44 MOTION for Immediate Injunctive Relief by Odeiu Joy Powers. (mee) |
| Filing 43 MOTION for the Record and Request for Deadline to Respond to ECF No. 32. #32 Scheduling Order,,, Order Referring Case to Mediation,,, Order Referring Case to Magistrate Judge,, by Odeiu Joy Powers. (mee) |
| Filing 42 NOTICE by Kevin McAleenan, U.S. Homeland Security re #32 Scheduling Order,,, Order Referring Case to Mediation,,, Order Referring Case to Magistrate Judge,, (Cheek, Christopher) |
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Filing 41
ORDER OF REASSIGNMENT to Judge Raag Singhal for all further proceedings, Judge Cecilia M. Altonaga no longer assigned to case. Signed by Judge Cecilia M. Altonaga on 1/7/2020. See attached document for full details. (yar)
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Filing 40
ORDER that the #36 December 23, 2019 Order is set aside, and the Clerk is directed to REOPEN the CASE; granting #38 MOTION for Referral to Volunteer Attorney Program filed by Odeiu Joy Powers. This matter is referred to the Court's Volunteer Attorney Program, where a volunteer attorney may accept the representation on a pro bono basis if so desired. The Clerk of Court is directed to obtain a description of the case and contact information from the file to post on the Court's website of available pro bono cases seeking volunteer lawyers. Signed by Judge Cecilia M. Altonaga on 12/30/2019. See attached document for full details. (wc)
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| Filing 39 MOTION to Vacate Dismissal #36 Order Dismissing Case by Odeiu Joy Powers. Responses due by 1/13/2020 (mee) |
| Filing 38 MOTION for Referral to Volunteer Attorney Program by Odeiu Joy Powers. (mee) |
| Filing 37 Certificate of Other Affiliates/Corporate Disclosure Statement by Odeiu Joy Powers identifying Corporate Parent minor child initial B.P. son of plaintiff, Other Affiliate minor child initial P.P. daughter of plaintiff for Odeiu Joy Powers (mee) |
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Filing 36
(SET ASIDE by DE#40 .) ORDER DISMISSING CASE without prejudice. The Clerk of Court is directed to CLOSE the case, and any pending motions are DENIED as moot. Signed by Judge Cecilia M. Altonaga on 12/23/2019. See attached document for full details. (wc) Modified to reflect "set aside" on 12/30/2019 (wc).
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Filing 35
ORDER. Plaintiff, Odeiu Joy Powers, shall comply with the December 3, 2019 Order [ECF No. 27] by December 20, 2019, failing which the case will be dismissed without prejudice without further notice. Signed by Judge Cecilia M. Altonaga on 12/18/2019. See attached document for full details. (mee)
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Filing 34
PAPERLESS ORDER SETTING DISCOVERY PROCEDURES. No discovery motions shall be filed with the Court unless specifically authorized by Order. In the event a discovery dispute does arise, counsel are instructed to meet and confer in a good faith attempt to resolve the dispute. If, after conferring, the parties cannot resolve their discovery dispute, the movant must seek relief within 14 days after the grounds for relief occur by contacting Chambers (954-769-5450) and scheduling a discovery hearing. The movant shall have first conferred with opposing counsel and obtained three alternative dates and times that both counsel are available for a hearing. The attorney or other person with knowledge who telephones the Court shall have the following information: (a) the nature of the discovery dispute; (b) the efforts made to confer with opposing counsel; and (c) three agreed upon dates for a hearing. The Court will then set the matter for hearing and order the parties to submit a joint status report on the issues. Where there has been a complete failure to respond to discovery, and where good faith efforts have been made (without success) to obtain that discovery, counsel need not obtain agreed upon dates, but shall so inform the Court telephonically of the issue, and the Court will set the matter for hearing. Finally, when the parties have stipulated to the entry of an order, such as a stipulated confidentiality order, the parties shall not file a motion for entry of the stipulated order. Instead, counsel shall email to Chambers (seltzer@flsd.uscourts.gov) a copy of the proposed stipulated order in Word or WordPerfect format, with a statement that the parties have agreed to entry of the proposed order. Signed by Magistrate Judge Barry S. Seltzer on 12/19/2019. (osd)
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| Attorney Noticing INS Attorney terminated per DE #29 and per request of the U.S.A.O. (jua) |
| Filing 33 ANSWER and Affirmative Defenses to Complaint by Kevin McAleenan, U.S. Homeland Security. (Cheek, Christopher) |
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Filing 32
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 10/26/2020 before Judge Cecilia M. Altonaga., Calendar Call set for 10/20/2020 at 09:00 AM before Judge Cecilia M. Altonaga.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 7/6/2020.), ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for all Discovery Matters. Signed by Judge Cecilia M. Altonaga on 12/18/2019. See attached document for full details. (mee)
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| Filing 31 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Kevin McAleenan, U.S. Homeland Security (Cheek, Christopher) |
| Filing 30 Joint SCHEDULING REPORT - Rule 16.1 by Kevin McAleenan, U.S. Homeland Security (Cheek, Christopher) |
| Filing 29 NOTICE of Attorney Appearance by Christopher Edward Cheek on behalf of Kevin McAleenan, U.S. Homeland Security. Attorney Christopher Edward Cheek added to party Kevin McAleenan(pty:dft), Attorney Christopher Edward Cheek added to party U.S. Homeland Security(pty:dft). (Cheek, Christopher) |
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Filing 28
ORDER Counsel for Defendants, Kevin McAleenan and the United States Department of Homeland Security, shall follow the instructions set forth on the United States District Court for the Southern District of Florida's website to obtain a CM/ECF login and password for this Court by December 9, 2019. Defendants shall file an answer to the Complaint by 12/18/2019. Signed by Judge Cecilia M. Altonaga on 12/3/2019. See attached document for full details. (ps1)
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Filing 27
Order Requiring Joint Scheduling Report and Certificates of Interested Parties to be filed by 12/17/2019. Signed by Judge Cecilia M. Altonaga on 12/3/2019. See attached document for full details. (ps1)
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Filing 26
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Cecilia M. Altonaga on 12/3/2019. See attached document for full details. (ps1)
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| Filing 25 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 24 Case transferred in from Georgia Northern; Case Number 1:19-cv-00887. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 23
ORDER: The Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. Defendants' Motion to Dismiss #14 is DENIED and this case is TRANSFERRED to the United States District Court for the Southern District of Florida because venue is not proper in this Court. The Clerk is DIRECTED to TRANSFER this matter to the United States District Court for the Southern District of Florida. Signed by Judge Leigh Martin May on 12/2/2019. (tmf)
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| Clerk's Certificate of Mailing as to Odeiu Joy Powers re #23 Order on Motion to Dismiss, Order on Final Report and Recommendation. (tmf) |
| Civil Case Terminated. (tmf) |
| Submission of #21 FINAL REPORT AND RECOMMENDATION re #3 Complaint, filed by Odeiu Joy Powers, to District Judge Leigh Martin May. (tmf) |
| Clerk's Certificate of Mailing as to Odeiu Joy Powers re #21 FINAL REPORT AND RECOMMENDATION, #22 Order for Service of Report and Recommendation. (tmf) |
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Filing 22
ORDER for Service of #21 Final Report and Recommendation by Magistrate Judge Christopher C. Bly. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Christopher C. Bly on 11/12/2019. (tmf)
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| Filing 21 FINAL REPORT AND RECOMMENDATION re #3 Complaint, filed by Odeiu Joy Powers. Signed by Magistrate Judge Christopher C. Bly on 11/12/2019. (tmf) |
| FINAL REPORT AND RECOMMENDATION : IT IS RECOMMENDED that Defendants' motion to dismiss, (Doc. #14 ), be DENIED and that this case be TRANSFERRED to the United States District Court for the Southern District of Florida because venue is proper in that district. Because this is a final Report and Recommendation and there are no other matters pending before the Court, the Clerk is DIRECTED to terminate the reference of this case to the undersigned. Signed by Magistrate Judge Christopher C. Bly on 11/12/2019. (tmf) |
| Filing 20 Memorandum in Support of Opposition to #14 MOTION to Dismiss by Odeiu Joy Powers. (tmf) |
| Filing 19 RESPONSE in Opposition re #17 Response in Further Support of Opposition to #14 Motion (Sur-Reply Brief) filed by Kirstjen Nielsen, U.S. Homeland Security. (Williams, Melaine) Modified on 9/23/2019 to edit text and add document links(tmf). |
| Filing 18 NOTICE Of Filing USM 285s by Odeiu Joy Powers (tmf) |
| Filing 17 RESPONSE in Further Support of Opposition re #14 MOTION to Dismiss by Defendants' filed by Odeiu Joy Powers. (tmf) |
| Filing 16 REPLY BRIEF re #14 MOTION to Dismiss by Defendants' filed by Kirstjen Nielsen, U.S. Homeland Security. (Williams, Melaine) |
| Submission of #14 MOTION to Dismiss by Defendants', to Magistrate Judge Christopher C. Bly. (tmf) |
| Submission of #14 MOTION to Dismiss by Defendants', to Magistrate Judge Christopher C. Bly. (tmf) |
| Filing 15 RESPONSE in Opposition re #14 MOTION to Dismiss by Defendants' filed by Odeiu Joy Powers. (tmf) |
| Filing 14 MOTION to Dismiss by Defendants' with Brief In Support by Kirstjen Nielsen, U.S. Homeland Security. (Attachments: #1 Brief -Memorandum of Law in Support of Motion to Dismiss)(Williams, Melaine) |
| Filing 13 Certified Mail Returned Receipt re #7 Order as to U.S. Attorney NDGa delivered on 5/13/2019. (btql) |
| Filing 12 Certified Mail Returned Receipt re #7 Order as to U.S. Homeland Security delivered on 5/13/2019. (btql) |
| Filing 11 Certified Mail Returned Receipt re #7 Order as to U.S. Attorney General delivered on 5/14/2019. (btql) |
| Filing 10 Summons Issued as to U.S. Attorney NDGA, Byung J. Pak with #3 Complaint. (btql) |
| Filing 9 Summons Issued as to U.S. Homeland Security, K. McAleenan with #3 Complaint. (btql) Text modified on 5/8/2019 (btql). |
| Filing 8 Summons Issued as to U.S. Attorney General with #3 Complaint. (btql) Text modified on 5/8/2019 (btql). |
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Filing 7
ORDER DIRECTING the Clerk to send a copy of the summons and the complaint by certified mail, return-receipt requested, to each of the following: United States Attorney, Attorney General of the United States and Kevin K. McAleenan, Acting Secretary of Homeland Security. Upon receipt of the certified mail return receipts, the Clerk is DIRECTED to docket a copy of each returned receipt. Signed by Magistrate Judge Christopher C. Bly on 5/08/2019. (jtj)
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| Clerk's Certificate of Mailing as to Odeiu Joy Powers re #7 Order. United States Attorney, Attorney General of the United States and Kevin K. McAleenan, Acting Secretary of Homeland Security mailed summons and a copy of the complaint by certified mail. (jtj) |
| Clerk's Certificate of Mailing via CMRR to U.S. Attorney General (9171999991703257175100), U.S. Homeland Security (9171999991703257175094), and U.S. Attorney NDGa (9171999991703257175087) re #7 Order with Summons and Complaint. (btql) |
| Submission of #5 Order to Show Cause to Magistrate Judge Christopher C. Bly. (btql) |
| Filing 6 Amended Initial Disclosures by Odeiu Joy Powers. (Attachments: #1 Envelope)(btql) |
| Received incomplete summons and USM 285 forms. (btql) |
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Filing 5
ORDER for Plaintiff, within fourteen (14) days from the entry date of this order, to return to the Clerk of Court the completed USM 285 form and summons for each Defendant named in the complaint, or in the alternative, to show cause in writing why this action should not be dismissed for failing to comply with an order of the Court and for lack of prosecution. Out of an abundance of caution, the Clerk is DIRECTED to send Plaintiff a copy of this order, a copy of the order dated February 26, 2019, and copies of the summons form and the USM 285 form. Signed by Magistrate Judge Christopher C. Bly on 4/10/2019. (btql)
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| Clerk's Certificate of Mailing as to Odeiu Joy Powers re #5 Order to Show Cause, #2 Order with 2 USM 285 and 2 Summons forms. (btql) |
| Submission of #2 Order on Application for Leave to Proceed in forma pauperis to Magistrate Judge Christopher C. Bly. (btql) |
| Filing 4 Initial Disclosures by Odeiu Joy Powers.(btql) |
| Filing 3 COMPLAINT with Jury Demand filed by Odeiu Joy Powers. (Attachments: #1 Civil Cover Sheet)(btql) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 2
ORDER GRANTING #1 Application for Leave to Proceed in forma pauperis. The Clerk is DIRECTED to send Plaintiff the USM 285 form, summons, and the initial disclosures form. Plaintiff is ORDERED to complete the USM 285 form, summons, and the initial disclosures form, and to return to the Clerk of Court one of each for each Defendant named in the complaint within twenty-one (21) days from the entry date of this Order. Plaintiff is warned that failure to comply in a timely manner may result in the dismissal of this action. The Clerk is DIRECTED to resubmit this action to the undersigned if Plaintiff fails to comply. Upon receipt of the forms by the Clerk, the Clerk is DIRECTED to prepare a service waiver package for each Defendant. Signed by Magistrate Judge Christopher C. Bly on 2/26/2019. (btql)
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| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis to Magistrate Judge Christopher C. Bly. (cmd) |
| Clerk's Certificate of Mailing as to Odeiu Joy Powers re #2 Order on Application for Leave to Proceed in forma pauperis, 2 USM 285 forms, 2 summons forms, and initial disclosure form. (btql) |
| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by Odeiu Joy Powers. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(cmd) |
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