Eva De Shipping LLC v. U.S. Customs and Border Protection (CBP) et al
Plaintiff: Eva De Shipping LLC
Defendant: U.S. Customs and Border Protection (CBP) and Kevin McAleenan
Case Number: 1:2019cv21394
Filed: April 12, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Jonathan Goodman
Nature of Suit: Forfeit/Penalty: Other
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 18, 2019 Filing 44 REPLY to #43 Response in Opposition to Motion by Kevin McAleenan, U.S. Customs and Border Protection (CBP). (Brown, Richard)
June 14, 2019 Filing 43 RESPONSE in Opposition re #42 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, filed by Eva De Shipping LLC. Replies due by 6/21/2019. (Becerra, Robert)
June 11, 2019 Filing 42 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by Kevin McAleenan, U.S. Customs and Border Protection (CBP). Attorney Richard O.I. Brown added to party Kevin McAleenan(pty:dft). Responses due by 6/25/2019 (Brown, Richard)
June 11, 2019 Filing 41 NOTICE of Striking #40 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, filed by U.S. Customs and Border Protection (CBP) by U.S. Customs and Border Protection (CBP) (Brown, Richard)
June 11, 2019 Filing 40 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by U.S. Customs and Border Protection (CBP). Responses due by 6/25/2019 (Brown, Richard)
June 10, 2019 Opinion or Order Filing 39 ORDER granting #38 Motion for Leave to File Amended Motion to Dismiss. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, as ordered by the Judge by June 11, 2019; denying as moot #20 Motion to Dismiss. Signed by Judge Cecilia M. Altonaga on 6/10/2019. See attached document for full details. (ps1)
June 7, 2019 Filing 38 Unopposed MOTION for Leave to File Motion To Dismiss, and Notice of Withdrawal of Pending Motion [ECF No. 20] by Kevin McAleenan, U.S. Customs and Border Protection (CBP). Attorney Nalina Sombuntham added to party Kevin McAleenan(pty:dft). (Attachments: #1 Text of Proposed Order)(Sombuntham, Nalina)
June 7, 2019 Opinion or Order Filing 37 ORDER Scheduling Mediation before Ellen Leesfield, Esq.; Mediation Hearing set for 7/31/2019 10:00 AM. Signed by Judge Cecilia M. Altonaga on 6/7/2019. See attached document for full details. (ps1)
June 7, 2019 Filing 36 NOTICE of Mediator Selection and Hearing. Added Ellen L. Leesfield. Mediation Hearing set for 7/31/2019 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order Proposed order scheduling mediation)(Becerra, Robert)
June 6, 2019 Filing 35 NOTICE of Attorney Appearance by Nalina Sombuntham on behalf of U.S. Customs and Border Protection (CBP). Attorney Nalina Sombuntham added to party U.S. Customs and Border Protection (CBP)(pty:dft). (Sombuntham, Nalina)
June 6, 2019 Filing 34 PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Show Cause Hearing held on 6/6/2019. Total time in court: 12 minutes. Attorney Appearance(s): Robert John Becerra, Richard O.I. Brown, Eloisa Fernandez. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (ada)
June 4, 2019 Filing 33 First RESPONSE to #32 Order to Show Cause,, by U.S. Customs and Border Protection (CBP). (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Brown, Richard)
June 4, 2019 Opinion or Order Filing 32 ORDER setting Hearing for 6/6/2019 08:30 AM in Miami Division before Judge Cecilia M. Altonaga. Counsel for Defendants, Richard Brown, accompanied by Senior Litigation Counsel, Benjamin Greenberg or his designee, shall appear before the Court on June 6, 2019 at 8:30 a.m. to explain why sanctions should not be imposed against him for repeated failures to comply with the Court's Orders. Signed by Judge Cecilia M. Altonaga on 6/4/2019. See attached document for full details. (ps1)
May 31, 2019 Opinion or Order Filing 31 ORDER cancelling show cause hearing set for 5/31/19. Signed by Judge Cecilia M. Altonaga on 5/30/2019. See attached document for full details. (ps1)
May 29, 2019 Filing 30 Certificate of Other Affiliates/Corporate Disclosure Statement by U.S. Customs and Border Protection (CBP) identifying Other Affiliate Eva De Shipping LLC for U.S. Customs and Border Protection (CBP) (Brown, Richard)
May 29, 2019 Opinion or Order Filing 29 ORDER setting Show Cause Hearing for 5/31/2019 08:30 AM in Miami Division before Judge Cecilia M. Altonaga. Defendants shall appear before the Court on May 31, 2019 at 8:30 a.m. to explain why sanctions should not be imposed against him for repeated failures to comply with the Courts Orders. Signed by Judge Cecilia M. Altonaga on 5/29/2019. See attached document for full details. (ps1)
May 29, 2019 Opinion or Order Filing 28 ORDER setting reply deadline as to #20 MOTION to Dismiss #1 Complaint, . Replies due by 6/3/2019. Signed by Judge Cecilia M. Altonaga on 5/29/2019. See attached document for full details. (ps1)
May 24, 2019 Opinion or Order Filing 27 MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER Signed by Magistrate Judge Jonathan Goodman on 5/24/2019. See attached document for full details. (tb)
May 21, 2019 Filing 26 RESPONSE in Opposition re #20 MOTION to Dismiss #1 Complaint, filed by Eva De Shipping LLC. Replies due by 5/28/2019. (Becerra, Robert)
May 21, 2019 Reset Calendar Call for 3/20/2020 before Judge Cecilia M. Altonaga. (modified year 2020) (mr1)
May 20, 2019 Opinion or Order Filing 25 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 3/16/2020 before Judge Cecilia M. Altonaga., Calendar Call set for 3/10/2019 09:00 AM before Judge Cecilia M. Altonaga.), ( Mediation Deadline 8/30/2019.) Signed by Judge Cecilia M. Altonaga on 5/20/2019. See attached document for full details. (jao) #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.
May 20, 2019 Opinion or Order Filing 24 ORDER that Defendants shall comply with the Court's #12 Order by 5/23/2019. Signed by Judge Cecilia M. Altonaga on 5/20/2019. See attached document for full details. (ps1)
May 17, 2019 Filing 23 Joint SCHEDULING REPORT - Rule 16.1 by Eva De Shipping LLC (Attachments: #1 Text of Proposed Order Proposed scheduling order)(Becerra, Robert)
May 17, 2019 Opinion or Order Filing 22 ORDER denying #11 Expedited Motion Renewed Expedited Motion for Preliminary Injunction. Signed by Judge Cecilia M. Altonaga on 5/17/2019. See attached document for full details. (ps1)
May 17, 2019 Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement by Eva De Shipping LLC (Becerra, Robert)
May 16, 2019 Filing 20 MOTION to Dismiss #1 Complaint, by U.S. Customs and Border Protection (CBP). Responses due by 5/30/2019 (Attachments: #1 Attachment One, #2 Attachment Two)(Brown, Richard)
May 13, 2019 Opinion or Order Filing 19 ORDER that Defendants, U.S. Customs and Border Protection (CBP) and Kevin McAleenan, shall serve their combined response or separate answers to Plaintiff's Complaint for Return of Property and Equitable Relief Pursuant to Rule 41(g), Fed. R. Crim. P., the Fourth and Fifth Amendment of the Constitution and the Supervisory Powers of the Court [ECF No. 1] on or before May 16, 2019. Signed by Judge Cecilia M. Altonaga on 5/13/2019. See attached document for full details. (ps1)
May 10, 2019 Filing 18 SUPPLEMENT to #11 Renewed EXPEDITED MOTION For Preliminary Injunction re #9 Notice (Other), #10 Notice (Other), #7 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law, #8 Order on Motion for Preliminary Injuncti by Eva De Shipping LLC (Becerra, Robert)
May 3, 2019 Opinion or Order Filing 17 ORDER setting aside #16 Order requiring proof of service. Signed by Judge Cecilia M. Altonaga on 5/3/2019. See attached document for full details. (ps1)
May 2, 2019 Opinion or Order Filing 16 ORDER that on or before July 11, 2019, Plaintiff shall perfect service upon Defendant Kevin McAleenan or show cause why this Defendant should not be dismissed for failure to perfect service of process. Signed by Judge Cecilia M. Altonaga on 5/2/2019. See attached document for full details. (ps1)
May 1, 2019 Filing 15 REPLY to Response to Motion re #11 Renewed EXPEDITED MOTION For Preliminary Injunction re #9 Notice (Other), #10 Notice (Other), #7 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law, #8 Order on Motion for Preliminary Injuncti filed by Eva De Shipping LLC. (Becerra, Robert)
April 25, 2019 Filing 14 RESPONSE in Opposition re #11 Renewed EXPEDITED MOTION For Preliminary Injunction re #9 Notice (Other), #10 Notice (Other), #7 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law, #8 Order on Motion for Preliminary Injuncti filed by U.S. Customs and Border Protection (CBP). Attorney Richard O.I. Brown added to party U.S. Customs and Border Protection (CBP)(pty:dft). Replies due by 5/2/2019. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brown, Richard)
April 23, 2019 Opinion or Order Filing 13 ORDER that Defendants shall submit a single combined response or separate answers within the time permitted by the rules. Signed by Judge Cecilia M. Altonaga on 4/23/2019. See attached document for full details. (ps1)
April 23, 2019 Opinion or Order Filing 12 Order Requiring Joint Scheduling Report and Certificates of Interested Parties to be filed by 5/17/2019. Signed by Judge Cecilia M. Altonaga on 4/23/2019. See attached document for full details. (ps1)
April 23, 2019 Filing 11 Renewed EXPEDITED MOTION For Preliminary Injunction re #9 Notice (Other), #10 Notice (Other), #7 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law, #8 Order on Motion for Preliminary Injunction by Eva De Shipping LLC. (Attachments: #1 Exhibit Exhibit 1 Sanon dec., #2 Exhibit Exhibit 2 Dubin dec., #3 Exhibit Exhibit 3 emails)(Becerra, Robert)
April 23, 2019 Filing 10 NOTICE by Eva De Shipping LLC re #9 Notice (Other), Refiling Proofs of Service on USA for CBP and McAleenan (Attachments: #1 Exhibit Proof of Service McAleenan, #2 Exhibit Proof of Service CBP) (Becerra, Robert)
April 23, 2019 Filing 9 NOTICE by Eva De Shipping LLC re #8 Order on Motion for Preliminary Injunction of Filing Proofs of Service (Attachments: #1 Exhibit Proof of Service McAleenan, #2 Exhibit Proof of Service CBP, #3 Exhibit Certified mail receipts) (Becerra, Robert)
April 23, 2019 Opinion or Order Filing 8 ORDER denying #7 Motion for Preliminary Injunction. Signed by Judge Cecilia M. Altonaga on 4/23/2019. See attached document for full details. (ps1)
April 22, 2019 Filing 7 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law by Eva De Shipping LLC. (Attachments: #1 Exhibit Exhibit 1 Sanon dec., #2 Exhibit Exhibit 2 Dubin dec., #3 Exhibit Exhibit 3 emails)(Becerra, Robert)
April 12, 2019 Filing 6 NOTICE by Eva De Shipping LLC of Civil Cover Sheet (Becerra, Robert)
April 12, 2019 Filing 5 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (drz)
April 12, 2019 Filing 4 Summons Issued as to Kevin McAleenan. (drz)
April 12, 2019 Filing 3 Summons Issued as to The United States of America. (drz)
April 12, 2019 Filing 2 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 Jonathan Goodman 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. (drz)
April 12, 2019 Filing 1 COMPLAINT for Return of Property and Equitable Relief against All Defendants. Filing fees $ 400.00 receipt number 113C-11552838, filed by Eva De Shipping LLC. (Attachments: #1 Summon(s), #2 Summon(s), #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3)(Becerra, Robert)

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Plaintiff: Eva De Shipping LLC
Represented By: Robert John Becerra
Represented By: Peter Alan Quinter
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Defendant: U.S. Customs and Border Protection (CBP)
Represented By: Richard O.I. Brown
Represented By: Nalina Sombuntham
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Defendant: Kevin McAleenan
Represented By: Richard O.I. Brown
Represented By: Nalina Sombuntham
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