Garcia Betancourt v. Chief Immigrant Investor Program U.S. Citizenship and Immigration Services et al
| Jose Miguel Garcia Betancourt |
| Secretary Chad F. Wolf, Attorney General William Barr, Division Chief Lori Mackenzie, Chief Sarah Kendall, Director Kenneth T Cuccinelli, Secretary U.S. Department of Homeland Security, Director U.S. Citizenship and Immigration Services, Division Chief Immigrant Investor Program U.S. Citizenship and Immigration Services, Chief Immigrant Investor Program U.S. Citizenship and Immigration Services and Attorney General of the United States |
| 1:2020cv22552 |
| June 19, 2020 |
| US District Court for the Southern District of Florida |
| Edwin G Torres |
| Kathleen M Williams |
| Other Immigration Actions |
| 08 U.S.C. § 1329 |
| None |
Docket Report
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| Filing 16 NOTICE of Attorney Appearance by Natalie Diaz on behalf of Attorney General of the United States, Chief Immigrant Investor Program U.S. Citizenship and Immigration Services, Director U.S. Citizenship and Immigration Services, Division Chief Immigrant Investor Program U.S. Citizenship and Immigration Services, Secretary U.S. Department of Homeland Security. Attorney Natalie Diaz added to party Attorney General of the United States(pty:dft), Attorney Natalie Diaz added to party Chief Immigrant Investor Program U.S. Citizenship and Immigration Services(pty:dft), Attorney Natalie Diaz added to party Director U.S. Citizenship and Immigration Services(pty:dft), Attorney Natalie Diaz added to party Division Chief Immigrant Investor Program U.S. Citizenship and Immigration Services(pty:dft), Attorney Natalie Diaz added to party Secretary U.S. Department of Homeland Security(pty:dft). (Diaz, Natalie) |
Filing 15
PAPERLESS ORDER 11 VACATING ORDER AND #12 CLERK'S ENTRY OF DEFAULT. Rule 12(a)(2) provides that "[t]he United States or the District of Columbia or an agency, officer, or employee of either sued only in an official capacity must serve an answer to a complaint... within 60 days after service on the United States attorney." On July 6, 2020, Plaintiff filed #9 proof of service that the United States Attorney was served on June 26, 2020, making Defendants' responsive pleadings due by August 25, 2020. Accordingly, 11 the Court's July 23, 2020 Order and #12 the Clerk's entry of default against all Defendants are VACATED. Defendants shall respond to the #1 Complaint by no later than August 25, 2020. Signed by Judge Kathleen M. Williams on 7/23/2020. (clu)
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| Filing 14 Clerks Notice to Filer re #4 Summons Returned Executed as to USA, #5 Summons Returned Executed, #6 Summons Returned Executed, #7 Summons Returned Executed, #8 Summons Returned Executed. Incorrect Answer Due Date Entered; ERROR - The incorrect answer due date was entered. The correction was made by the Clerk and filing was re-docketed, see 13 Summons Returned Executed as to USA. It is not necessary to refile this document. (kpe) Modified text on 7/23/2020 (kpe). |
| Filing 13 SUMMONS (Affidavit) Returned Executed by Jose Miguel Garcia Betancourt. Attorney General of the United States served on 6/26/2020, answer due 8/25/2020; Chief Immigrant Investor Program U.S. Citizenship and Immigration Services served on 6/26/2020, answer due 8/25/2020; Director U.S. Citizenship and Immigration Services served on 6/26/2020, answer due 8/25/2020; Division Chief Immigrant Investor Program U.S. Citizenship and Immigration Services served on 6/26/2020, answer due 8/25/2020; Secretary U.S. Department of Homeland Security served on 6/26/2020, answer due 8/25/2020. See DE #4 , #5 , #6 , #7 , #8 for image. (kpe) Modified text on 7/23/2020 (kpe). |
| Filing 12 VACATED Clerks Entry of Default as to Chief Immigrant Investor Program U.S. Citizenship and Immigration Services, Division Chief Immigrant Investor Program U.S. Citizenship and Immigration Services, Director U.S. Citizenship and Immigration Services, Secretary U.S. Department of Homeland Security, Attorney General of the United States per Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 7/23/2020. (kpe) Modified on 7/23/2020 per DE 15 Order (kpe). |
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Filing 11
VACATED PAPERLESS ORDER Directing Clerk to Enter Default. On July 6, 2020, Plaintiff filed proof of service reflecting service on Defendants #4 Chief Immigrant Investor Program USCIS (Sarah Kendall), #5 Division Chief Immigrant Investor Program USCIS (Lori MacKenzie), #6 Director USCIS (Kenneth T. Cuccinelli), and #7 Secretary USDHS (Chad F. Wolf), reflecting that these Defendants were served on June 26, 2020, making their responsive pleadings due by July 17, 2020. On that same day, Plaintiff filed proof of service reflecting service on Defendant #8 Attorney General of the United States (William Barr) on June 29, 2020, making his responsive pleading due by July 20, 2020. To date, Defendants have not appeared or filed a responsive pleading to the Complaint. The Federal Rules of Civil Procedure provide that the Clerk must enter default against a defendant who has failed to plead or otherwise defend. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendants Chief Immigrant Investor Program USCIS (Sarah Kendall), Division Chief Immigrant Investor Program USCIS (Lori MacKenzie), Director USCIS (Kenneth T. Cuccinelli), Secretary USDHS (Chad F. Wolf), and Attorney General of the United States (William Barr). On or before August 21, 2020, Plaintiff shall file a motion for final default judgment against Defendants and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. The motion shall be accompanied by a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion shall also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 7/23/2020. (clu) Modified on 7/23/2020 per DE 15 Order (kpe).
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Filing 10
ORDER Of Referral And Notice Of Court Practices And Procedures. Signed by Judge Kathleen M. Williams on 7/14/2020. See attached document for full details. (kpe)
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| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Petition (Complaint) for Writ of Mandamus,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jose Miguel Garcia Betancourt. U.S. Attorney served on 6/26/2020, answer due 7/20/2020. by Jose Miguel Garcia Betancourt. (Hurd, Rusten) Modified text on 7/6/2020 (kpe). |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Petition (Complaint) for Writ of Mandamus,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jose Miguel Garcia Betancourt. Attorney General of the United States served on 6/29/2020, answer due 7/20/2020. (Hurd, Rusten) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Petition (Complaint) for Writ of Mandamus,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jose Miguel Garcia Betancourt. Secretary U.S. Department of Homeland Security served on 6/26/2020, answer due 7/17/2020. (Hurd, Rusten) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Petition (Complaint) for Writ of Mandamus,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jose Miguel Garcia Betancourt. Director U.S. Citizenship and Immigration Services served on 6/26/2020, answer due 7/17/2020. (Hurd, Rusten) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Petition (Complaint) for Writ of Mandamus,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jose Miguel Garcia Betancourt. Division Chief Immigrant Investor Program U.S. Citizenship and Immigration Services served on 6/26/2020, answer due 7/17/2020. (Hurd, Rusten) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Petition (Complaint) for Writ of Mandamus,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jose Miguel Garcia Betancourt. Chief Immigrant Investor Program U.S. Citizenship and Immigration Services served on 6/26/2020, answer due 7/17/2020. (Hurd, Rusten) |
| Filing 3 Summons Issued as to Attorney General of the United States, Chief Immigrant Investor Program U.S. Citizenship and Immigration Services, Director U.S. Citizenship and Immigration Services, Division Chief Immigrant Investor Program U.S. Citizenship and Immigration Services, Secretary U.S. Department of Homeland Security, U.S. Attorney. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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. (kpe) |
| Filing 1 Petition (Complaint) for Writ of Mandamus (Complaint for Declaratory and Mandamus Relief) against William Barr, Kenneth T Cuccinelli, Sarah Kendall, Lori Mackenzie, Chad F. Wolf. Filing fee $ 400.00 receipt number AFLSDC-13057470, filed by Jose Miguel Garcia Betancourt. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summon (Kendall), #3 Summon(s) Summon (Mackenzie), #4 Summon(s) Summon (Cuccinelli), #5 Summon(s) Summon (Wolf), #6 Summon(s) Summon (Barr), #7 Summon(s) Summon (Fajardo Orshan))Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Hurd, Rusten) |
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