Espinosa v. Miami District Director, U.S. Citizenship and Immigration Services et al
Plaintiff: Areli Del Carmen Espinosa
Defendant: District Director Linda Swacina, Director Enid Stulz, Secretary Kirstjen Nielsen, Miami District Director, U.S. Citizenship and Immigration Services, Secretary, U.S. Department of Homeland Security and USCIS Hialeah Field Office Director
Case Number: 1:2019cv21315
Filed: April 8, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Robert N Scola
Nature of Suit: Other Immigration Actions
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2019 Filing 14 Renewed MOTION to Stay by Miami District Director, U.S. Citizenship and Immigration Services, Secretary, U.S. Department of Homeland Security, USCIS Hialeah Field Office Director. Responses due by 7/24/2019 (Attachments: #1 Exhibit Plaintiff's Request for Production, #2 Text of Proposed Order)(Erickson-Pogorzelski, Anthony)
July 10, 2019 Opinion or Order Filing 13 PAPERLESS ORDER: The Court denies, without prejudice, #12 the Government's motion to stay because the motion does not contain a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with all parties or non-parties who may be affected by the relief sought in a good-faith effort to resolve by agreement the issues raised in the motion. The filing attorney must then include in the motion a statement explaining to the Court that (1) all or some of the issues raised in the motion are unopposed; (2) counsel conferred but could not agree on all or some of the issues raised in the motion; or (3) counsel diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion. Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Signed by Judge Robert N. Scola, Jr. on 7/10/2019. (kbe)
July 10, 2019 Filing 12 MOTION to Stay by Miami District Director, U.S. Citizenship and Immigration Services, Secretary, U.S. Department of Homeland Security, USCIS Hialeah Field Office Director. Responses due by 7/24/2019 (Attachments: #1 Exhibit Plaintiff's Request for Production, #2 Text of Proposed Order)(Erickson-Pogorzelski, Anthony)
July 2, 2019 Opinion or Order Filing 11 PAPERLESS ORDER: The Court grants #10 the Plaintiff's unopposed motion for an extension of time to respond to the Defendants' motion to dismiss. The Plaintiff must file her response on or before July 26, 2019. Signed by Judge Robert N. Scola, Jr. on 7/2/2019. (kbe)
July 2, 2019 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #9 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Areli Del Carmen Espinosa. (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Extension of Time)(Dominguez, Anthony)
June 28, 2019 Filing 9 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, , MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 7/12/2019) by Miami District Director, U.S. Citizenship and Immigration Services, Secretary, U.S. Department of Homeland Security, USCIS Hialeah Field Office Director. (Erickson-Pogorzelski, Anthony)
June 11, 2019 Opinion or Order Filing 8 PAPERLESS ORDER: The Court grants #7 the Defendants' unopposed motion for an extension of time to respond to the complaint. The Defendants must file their response on or before June 28, 2019. Signed by Judge Robert N. Scola, Jr. on 6/11/2019. (kbe)
June 10, 2019 Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Miami District Director, U.S. Citizenship and Immigration Services, Secretary, U.S. Department of Homeland Security, USCIS Hialeah Field Office Director. (Attachments: #1 Text of Proposed Order)(Erickson-Pogorzelski, Anthony)
April 15, 2019 Filing 6 NOTICE of Attorney Appearance by Anthony Erickson-Pogorzelski on behalf of Miami District Director, U.S. Citizenship and Immigration Services, Secretary, U.S. Department of Homeland Security, USCIS Hialeah Field Office Director. Attorney Anthony Erickson-Pogorzelski added to party Miami District Director, U.S. Citizenship and Immigration Services(pty:dft), Attorney Anthony Erickson-Pogorzelski added to party Secretary, U.S. Department of Homeland Security(pty:dft), Attorney Anthony Erickson-Pogorzelski added to party USCIS Hialeah Field Office Director(pty:dft). (Erickson-Pogorzelski, Anthony)
April 9, 2019 Opinion or Order Filing 5 Order Requiring Scheduling Conference Signed by Judge Robert N. Scola, Jr on 4/9/2019. See attached document for full details. (jao)
April 9, 2019 Filing 4 Summons Issued as to Miami District Director, U.S. Citizenship and Immigration Services, Secretary, U.S. Department of Homeland Security, USCIS Hialeah Field Office Director, U.S. Attorney and U.S. Attorney General (pes)
April 8, 2019 Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Improperly Formatted. The Filer failed to enter the party names in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (pes)
April 8, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (pes)
April 8, 2019 Filing 1 COMPLAINT for APA Judicial Review, Mandamus and Declaratory Relief against All Defendants. Filing fees $ 400.00 receipt number 113C-11539952, filed by Areli Del Carmen Espinosa. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons, #3 Exhibit A - Supporting Documents, pg. 1-18)(Dominguez, Anthony)

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Defendant: District Director Linda Swacina
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Defendant: Director Enid Stulz
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Defendant: Secretary Kirstjen Nielsen
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Defendant: Miami District Director, U.S. Citizenship and Immigration Services
Represented By: Anthony Erickson-Pogorzelski
Represented By: Noticing INS Attorney
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Defendant: Secretary, U.S. Department of Homeland Security
Represented By: Anthony Erickson-Pogorzelski
Represented By: Noticing INS Attorney
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Defendant: USCIS Hialeah Field Office Director
Represented By: Anthony Erickson-Pogorzelski
Represented By: Noticing INS Attorney
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Plaintiff: Areli Del Carmen Espinosa
Represented By: Anthony Richard Dominguez
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