Van Cleve v. Ross, et al
Plaintiff: Michael Van Cleve
Defendant: US Department of Commerce, Russell Thurlow Vought, Wilbur L. Ross, Steven Dillingham, The Office of Management and Budget and U.S. Census Bureau
Case Number: 1:2020cv23611
Filed: August 30, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Robert N Scola
Referring Judge: Edwin G Torres
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 0702
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2020 Opinion or Order Filing 29 MOTION Plaintiff's Omnibus Motion to Enforce Local Rule 7.1(c)(1) and Local Rule 56.1 re #21 Plaintiff's MOTION for Partial Summary Judgment , #19 Notice (Other),,,,, #20 Statement by Michael Van Cleve. (Attachments: #1 Exhibit September 9, 2020 Email, #2 Exhibit October 8, 2020 Emails, #3 Exhibit October 12-19, 2020 Emails, #4 Exhibit City of San Jose, Supplemental Authority, #5 Exhibit Common Cause, Supplemental Authority, #6 Exhibit Haitians Americans United, Inc.)(Van Cleve, Michael)
October 12, 2020 Opinion or Order Filing 28 PLAINTIFFS NOTICE OF FILING JIANYIN LIUIS DECLARATION IN SUPPORT by Michael Van Cleve re #21 Plaintiff's MOTION for Partial Summary Judgment (Attachments: #1 Exhibit Jianyin Liu's Declaration in Support of Plaintiff's Partial Summary Judgment) (Van Cleve, Michael)Text Modified on 10/13/2020 (ail).
October 6, 2020 Opinion or Order Filing 27 Notice of Supplemental Authority re #21 Plaintiff's MOTION for Partial Summary Judgment by Michael Van Cleve (Van Cleve, Michael)
October 6, 2020 Opinion or Order Filing 26 AFFIDAVIT Declaration of Michael Van Cleve signed by: Michael Van Cleve re #21 Plaintiff's MOTION for Partial Summary Judgment by Michael Van Cleve (Attachments: #1 Exhibit AR 600-20, #2 Exhibit DoDD 1350.2)(Van Cleve, Michael)
October 6, 2020 Opinion or Order Filing 25 ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 10/6/2020. See attached document for full details. (mdc)
October 2, 2020 Opinion or Order Filing 24 NOTICE OF FILING ELSA ORTTAS DECLARATION IN SUPPORT OF PLAINTIFFS PARTIAL SUMMARY JUDGMENT MOTION by Michael Van Cleve re #21 Plaintiff's MOTION for Partial Summary Judgment (Attachments: #1 Exhibit Elsa Ortta's Declaration in Support of Plaintiff's Partial Summary Judgment) (Van Cleve, Michael) Text Modified on 10/5/2020 (ail).
October 2, 2020 Opinion or Order Filing 23 NOTICE by Michael Van Cleve re #21 Plaintiff's MOTION for Partial Summary Judgment (Attachments: #1 Exhibit Kamar Bargul's Declaration in Support of Plaintiff's Partial Summary Judgment, #2 Exhibit MHD Tarek Suleiman's Declaration in Support of Plaintiff's Partial Summary Judgment) (Van Cleve, Michael)
September 29, 2020 Opinion or Order Filing 22 NOTICE by Michael Van Cleve re #21 Plaintiff's MOTION for Partial Summary Judgment (Attachments: #1 Exhibit Mark Sobocienski's Declaration in Support of Plaintiff's Partial Summary Judgment) (Van Cleve, Michael)
September 26, 2020 Opinion or Order Filing 21 Plaintiff's MOTION for Partial Summary Judgment by Michael Van Cleve. Responses due by 10/13/2020 (Attachments: #1 Memorandum of Law Supporting Plaintiff's Motion for Partial Summary Judgment, #2 Exhibit Proof of Service)(Van Cleve, Michael)
September 26, 2020 Opinion or Order Filing 20 Statement of: Material Facts for Plaintiff's Motion for Partial Summary Judgment by Michael Van Cleve (Van Cleve, Michael)
September 26, 2020 Opinion or Order Filing 19 NOTICE by Michael Van Cleve Motion for Judicial Notice (Attachments: #1 Exhibit June 9, 1994 OMB Notice: Standards for the Classification of Federal Data on Race and Ethnicity, #2 Exhibit August 28, 1995 OMB Notice: Standards for the Classification of Federal Data on Race and Ethnicity, #3 Exhibit July 7, 1997 OMB Notice: Recommendations From the Interagency Committee for the Review of the Racial and Ethnic Standards to the Office of Management and Budget Concerning Changes to the Standards for the Classification of Federal Data on Race and Ethnicity, #4 Exhibit October 30, 1997 OMB Decision: Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity, #5 Exhibit 2015 National Content Test: Race and Ethnicity Analysis Report, #6 Exhibit September 30, 2016 OMB Notice: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity, #7 Exhibit March 1, 2017 OMB Notice: Proposals From the Federal Interagency Working Group for Revision of the Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity, #8 Exhibit June 4, 2019 OMB Memo: Federal Data Strategy - A Framework for Consistency,, #9 Exhibit July 10, 2019 OMB Memo: Phase 1 Implementation of the Foundations for Evidence-Based Policymaking Act of 2018: Learning Agendas, Personnel, and Planning Guidance) (Van Cleve, Michael)
September 9, 2020 Opinion or Order Filing 18 PAPERLESS ORDER: The Court denies #17 the pro se Plaintiff's motion "to compel a response or compel an appearance from defendants." The motion avers that the Defendants were served as recently as seven days ago (and some were not yet served at all). However, as agencies or officers of the United States, the Defendants have 60 days to respond to the complaint or appear in this case. Fed. R. Civ. P. 12(1)(2)-(3). Until that deadline is violated, there is nothing to be compelled by the Court. In the motion, the Plaintiff, who is "a member of the Florida Bar" also expresses concern that he "cannot meet and confer with the Defendants" as required by #6 the Court's Order Requiring Discovery and Scheduling Conference "because no attorney has made an appearance in the case to represent the Defendants." Again, no attorney is required to make an appearance until 60 days after service. Moreover, the Court's Order expressly states that the parties must meet and confer "[w]ithin 21 days of the filing of a response to the complaint." The response is what triggers the 21-day deadline to meet and confer. The Plaintiff is reminded of his obligation to adhere to the applicable rules of procedure. "Although plaintiff[] [is] proceeding pro se, [Van Cleve] is a licensed attorney; therefore, plaintiff[] will not receive the leniency customarily reserved for other pro se litigants." Smith v. Bank of Am. Home Loans, Case No. 2:11-cv-676-FtM-29DNF, 4 n.1 (M.D. Fla. Jan. 15, 2014). Signed by Judge Robert N. Scola, Jr. (sbn)
September 9, 2020 Opinion or Order Filing 17 Plaintiff's MOTION to Compel Response to Amended Complaint or Appearance by Motion or Answer by Michael Van Cleve. Responses due by 9/23/2020 (Attachments: #1 Exhibit Refusal of Service by FedEx from the Department of Commerce)(Van Cleve, Michael)
September 9, 2020 Opinion or Order Filing 16 First AMENDED COMPLAINT against All Defendants, filed by Michael Van Cleve.(Van Cleve, Michael)
September 8, 2020 Opinion or Order Filing 15 NOTICE by Michael Van Cleve re #1 Complaint,,, #5 Summons Issued August 31, 2020 (Attachments: #1 Exhibit All Green Cards for Secondary Service by USPS on all Defendants) (Van Cleve, Michael)
September 5, 2020 Opinion or Order Filing 14 NOTICE by Michael Van Cleve re #5 Summons Issued August 31, 2020 (Attachments: #1 Exhibit FedEx Proof of Service, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Appendix, #6 Affidavit, #7 Affidavit) (Van Cleve, Michael)
September 5, 2020 Opinion or Order Filing 13 NOTICE by Michael Van Cleve re #5 Summons Issued August 31, 2020 (Attachments: #1 Affidavit Return of NonService on the U.S. Attorney General's Office, #2 Affidavit Service to the U.S. Attorney General through USPS, #3 Exhibit FedEx Proof of Service) (Van Cleve, Michael)
September 5, 2020 Opinion or Order Filing 12 NOTICE by Michael Van Cleve re #5 Summons Issued August 31, 2020 (Attachments: #1 Certification Return of Service on Steven Dillingham, #2 Affidavit Service to Steven Dillingham through USPS, #3 Exhibit FedEx Proof of Service) (Van Cleve, Michael)
September 5, 2020 Opinion or Order Filing 11 NOTICE by Michael Van Cleve re #5 Summons Issued August 31, 2020 (Attachments: #1 Certification Return of Service on Russell Thurlow Vought, #2 Affidavit Service to Russell Thurlow Vought through USPS, #3 Exhibit FedEx Proof of Service) (Van Cleve, Michael)
September 5, 2020 Opinion or Order Filing 10 NOTICE by Michael Van Cleve re #5 Summons Issued August 31, 2020 (Attachments: #1 Certification Return of Service on U.S. Department of Commerce, #2 Affidavit Service to U.S. Department of Commerce through USPS, #3 Exhibit FedEx Proof of Service) (Van Cleve, Michael)
September 5, 2020 Opinion or Order Filing 9 NOTICE by Michael Van Cleve re #5 Summons Issued August 31, 2020 (Attachments: #1 Certification Certification Return of Service on Wilbur L. Ross, #2 Affidavit Service to Wilbur L. Ross through USPS, #3 Exhibit FedEx Proof of Service) (Van Cleve, Michael)
September 5, 2020 Opinion or Order Filing 8 NOTICE by Michael Van Cleve re #5 Summons Issued August 31, 2020 (Attachments: #1 Certification Certification Return of Service on U.S. Office of Management and Budget, #2 Affidavit Affidavit for Service to U.S. Office of Management and Budget through USPS, #3 Exhibit FedEx Proof of Service) (Van Cleve, Michael)
September 5, 2020 Opinion or Order Filing 7 NOTICE by Michael Van Cleve re #5 Summons Issued August 31, 2020 (Attachments: #1 Certification Return of Service on U.S. Census Bureau, #2 Affidavit Affidavit for Service to U.S. Census Bureau through USPS, #3 Certification Email Confirmation of Service to U.S. Census Bureau, #4 Exhibit FedEx Proof of Service) (Van Cleve, Michael)
August 31, 2020 Opinion or Order Filing 6 Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge. ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 8/31/2020. See attached document for full details. (amb)
August 31, 2020 Opinion or Order Filing 5 Summons Issued as to Steven Dillingham, Wilbur L. Ross, The Office of Management and Budget, U.S. Census Bureau, US Department of Commerce, Russell Thurlow Vought. (amb)
August 31, 2020 Opinion or Order Filing 4 Clerks Notice to Filer re: Electronic Case. Incorrect Party Role Selected. The Filer failed to select the correct party role. The correction was made. It is not necessary to re-file this document. (bb)
August 30, 2020 Opinion or Order Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (amb)
August 30, 2020 Opinion or Order 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. (amb)
August 30, 2020 Opinion or Order Filing 1 COMPLAINT Michael Van Cleve against Census Bureau, Steven Dillingham, Office of Management and Budget, Wilbur L. Ross, US Department of Commerce, Russell Thurlow Vought. Filing fees $ 400.00 receipt number AFLSDC-13434891, filed by Michael Earl Van Cleve. (Attachments: #1 Summon(s) Unexecuted Summons Directed to U.S. Department of Commerce, #2 Summon(s) Unexecuted Summons Directed to U.S. Office of Management and Budget, #3 Summon(s) Unexecuted Summons Directed to U.S. Census Bureau, #4 Summon(s) Unexecuted Summons Directed to Wilbur L. Ross, #5 Summon(s) Unexecuted Summons Directed to Steven Dillingham, #6 Summon(s) Unexecuted Summons Directed to Russell Thurlow Vought, #7 Affidavit Affidavit of Michael Van Cleve, #8 Certification Consent to Receive NFE, #9 Civil Cover Sheet Civil Case Cover Sheet)(Van Cleve, Michael)

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Defendant: US Department of Commerce
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Defendant: Russell Thurlow Vought
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Defendant: Wilbur L. Ross
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Defendant: Steven Dillingham
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Defendant: The Office of Management and Budget
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Defendant: U.S. Census Bureau
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Plaintiff: Michael Van Cleve
Represented By: Michael Earl Van Cleve
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