Eva De Shipping LLC v. U.S. Customs and Border Protection (CBP) et al
| Eva De Shipping LLC |
| U.S. Customs and Border Protection (CBP) and Kevin McAleenan |
| 1:2019cv21394 |
| April 12, 2019 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Jonathan Goodman |
| Forfeit/Penalty: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on June 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 44 REPLY to #43 Response in Opposition to Motion by Kevin McAleenan, U.S. Customs and Border Protection (CBP). (Brown, Richard) |
| 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) |
| 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) |
| 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) |
| 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) |
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)
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| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
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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)
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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)
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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)
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| 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) |
| Reset Calendar Call for 3/20/2020 before Judge Cecilia M. Altonaga. (modified year 2020) (mr1) |
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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.
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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)
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| Filing 23 Joint SCHEDULING REPORT - Rule 16.1 by Eva De Shipping LLC (Attachments: #1 Text of Proposed Order Proposed scheduling order)(Becerra, Robert) |
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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)
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| Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement by Eva De Shipping LLC (Becerra, Robert) |
| 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) |
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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)
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| 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) |
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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)
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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)
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| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 6 NOTICE by Eva De Shipping LLC of Civil Cover Sheet (Becerra, Robert) |
| 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) |
| Filing 4 Summons Issued as to Kevin McAleenan. (drz) |
| Filing 3 Summons Issued as to The United States of America. (drz) |
| 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) |
| 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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