Commandant et al v. District Director, Miami District (S24), USCIS et al
| Carmela Guzman-Iraheta, Carel Carius, Ronald Simon, Patrick Jean-Claude, Jean Wilfrid Achille, Marguerite Previl, Rodney Daniel, Jocelyn Commandant, Jose Miranda, Juan Diaz, Ricardeau Beliard, Jean Yves Jacce and Jean Fritz Paul |
| District Director, Tampa District (S23), USCIS and District Director, Miami District (S24), USCIS |
| 1:2020cv23630 |
| August 31, 2020 |
| U.S. District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Edwin G Torres |
| Other Immigration Actions |
| 05 U.S.C. § 0702 |
| None |
Docket Report
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This docket was last retrieved on October 28, 2020. A more recent docket listing may be available from PACER.
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Filing 24
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 10/28/2020. See attached document for full details. (mdc)
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Filing 23
ORDER granting #21 Unopposed Rule 21 Motion to Drop Plaintiff Jean Fritz Paul. Signed by Judge Cecilia M. Altonaga on 10/27/2020. See attached document for full details. (ps1)
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| Filing 21 MOTION to Drop Plaintiff Jean Fritz Paul under Rule 21 Unopposed by Defendants by Jean Wilfrid Achille, Ricardeau Beliard, Carel Carius, Jocelyn Commandant, Rodney Daniel, Juan Diaz, Carmela Guzman-Iraheta, Jean Yves Jacce, Patrick Jean-Claude, Jose Miranda, Jean Fritz Paul, Marguerite Previl, Ronald Simon. (Attachments: #1 Exhibit A - Grant of Permanent Residence, #2 Text of Proposed Order)(Prada, Mark) |
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Filing 22
SCHEDULING ORDER setting Bench Trial and Pre-Trial Schedule: ( Calendar Call set for 10/19/2021 09:00 AM in Miami Division before Judge Cecilia M. Altonaga., Bench Trial set for 10/25/2021 in Miami Division before Judge Cecilia M. Altonaga., Amended Pleadings due by 12/7/2020., Joinder of Parties due by 12/7/2020., Dispositive Motions due by 7/13/2021., Pretrial Motions due by 7/13/2021., Joint Pretrial Stipulation due by 8/10/2021.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 6/28/2021.), ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 10/26/2020. See attached document for full details. (lk) #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 20 NOTICE by District Director, Miami District (S24), USCIS, District Director, Tampa District (S23), USCIS re #15 Order on Motion for Extension of Time, #8 Order,, 19 Order on Motion for Extension of Time Parties' Joint Notice of Their Suggested Deadlines for the Filing of the Administrative Record and Motion for Class Certification, Motions for Summary Judgment and Other Relevant Deadlines (Weinkle, James) |
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Filing 19
PAPERLESS ORDER denying #18 Motion for Extension of Time. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 18 Unopposed MOTION for Extension of Time to submit proposed scheduling deadlines (second motion) re #15 Order on Motion for Extension of Time, #8 Order,, by Jean Wilfrid Achille, Ricardeau Beliard, Carel Carius, Jocelyn Commandant, Rodney Daniel, Juan Diaz, Carmela Guzman-Iraheta, Jean Yves Jacce, Patrick Jean-Claude, Jose Miranda, Jean Fritz Paul, Marguerite Previl, Ronald Simon. Responses due by 11/4/2020 (Attachments: #1 Text of Proposed Order)(Prada, Mark) |
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Filing 17
PAPERLESS ORDER denying #16 without prejudice Motion for Leave to File Oversized Motion for Preliminary Injunction. Plaintiffs do not indicate in the Motion whether Defendants intend to file an answer or a motion to dismiss the Complaint. To be entitled to a preliminary injunction, Plaintiffs must show a substantial likelihood of success on the merits of their claims. See, e.g., Palmer v. Braun, 287 F.3d 1325, 1329 (11th Cir. 2002) (citation omitted). If Defendants challenge the Complaint by way of motion, that motion will necessarily have to be resolved favorably to Plaintiffs before the Court can entertain a motion for preliminary injunctive relief. Plaintiffs are advised to confer with Defendants before refiling the instant motion. Should Defendants indicate they intend on filing an answer rather than a motion to dismiss, Plaintiffs may refile their request for leave to file an oversized motion. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 16 Unopposed MOTION for Leave to File Preliminary Injunction, Unopposed MOTION for Leave to File Excess Pages as to Motion for Preliminary Injunction by Jean Wilfrid Achille, Ricardeau Beliard, Carel Carius, Jocelyn Commandant, Rodney Daniel, Juan Diaz, Carmela Guzman-Iraheta, Jean Yves Jacce, Patrick Jean-Claude, Jose Miranda, Jean Fritz Paul, Marguerite Previl, Ronald Simon. (Attachments: #1 Text of Proposed Order, #2 Exhibit Proposed Motion for Preliminary Injunction, #3 Exhibit A - Miami Examples, #4 Exhibit B - Hialeah Examplss, #5 Exhibit C- Kendall Examples, #6 Exhibit D - Oakland Park Examples, #7 Exhibit E - Virgin Islands Examples, #8 Exhibit F - Tampa Examples, #9 Exhibit G - Fort Myers Examples, #10 Exhibit H - Orlando Examples, #11 Exhibit I - West Palm Beach Examples, #12 Exhibit J - Act of 1929, 45 Stat. 1551, #13 Exhibit K - Excerpts of the IIRIRA, #14 Exhibit L - Rule 28(j) Letter, Duarte v. Wolf)(Prada, Mark) |
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Filing 15
ORDER granting #13 Unopposed Motion for Extension to Submit Proposed Scheduling Deadlines. The parties shall file suggested deadlines for the filing of the administrative record, motion for class certification, motions for summary judgment, and other relevant deadlines by October 23, 2020. Signed by Judge Cecilia M. Altonaga on 10/9/2020. See attached document for full details. (wc)
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Filing 14
ORDER denying without prejudice #12 Unopposed Motion for Leave to File Oversized Motion for Class Certification. Signed by Judge Cecilia M. Altonaga on 10/8/2020. See attached document for full details. (wc)
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| Filing 13 Unopposed MOTION for Extension of Time to submit proposed scheduling deadlines re #8 Order,, by Jean Wilfrid Achille, Ricardeau Beliard, Carel Carius, Jocelyn Commandant, Rodney Daniel, Juan Diaz, Carmela Guzman-Iraheta, Jean Yves Jacce, Patrick Jean-Claude, Jose Miranda, Jean Fritz Paul, Marguerite Previl, Ronald Simon. Responses due by 10/22/2020 (Attachments: #1 Text of Proposed Order)(Prada, Mark) |
| Filing 12 Unopposed MOTION for Leave to File to File Oversized Motion for Class Certification by Jean Wilfrid Achille, Ricardeau Beliard, Carel Carius, Jocelyn Commandant, Rodney Daniel, Juan Diaz, Carmela Guzman-Iraheta, Jean Yves Jacce, Patrick Jean-Claude, Jose Miranda, Jean Fritz Paul, Marguerite Previl, Ronald Simon. Attorney Anthony Richard Dominguez added to party Rodney Daniel(pty:pla). (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Leave, #2 Exhibit Motion for Class Certification, #3 Exhibit A - Miami Field Office, #4 Exhibit B - Hialeah Field Office, #5 Exhibit C - Kendall Field Office, #6 Exhibit D - Oakland Park Field Office, #7 Exhibit E - Virgin Islands Field Office, #8 Exhibit F - Tampa Field Office, #9 Exhibit G - Fort Myers Field Office, #10 Exhibit H - Orlando Field Office, #11 Exhibit I - West Field Office, #12 Exhibit J - Declaration of Class Counsel)(Dominguez, Anthony) |
| Filing 11 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by District Director, Miami District (S24), USCIS, District Director, Tampa District (S23), USCIS (Weinkle, James) |
| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Jean Wilfrid Achille, Ricardeau Beliard, Carel Carius, Jocelyn Commandant, Rodney Daniel, Juan Diaz, Carmela Guzman-Iraheta, Jean Yves Jacce, Patrick Jean-Claude, Jose Miranda, Jean Fritz Paul, Marguerite Previl, Ronald Simon (Prada, Mark) |
| Filing 9 NOTICE of Attorney Appearance by James Alan Weinkle on behalf of District Director, Miami District (S24), USCIS, District Director, Tampa District (S23), USCIS. Attorney James Alan Weinkle added to party District Director, Miami District (S24), USCIS(pty:dft), Attorney James Alan Weinkle added to party District Director, Tampa District (S23), USCIS(pty:dft). (Weinkle, James) |
| Scheduling Conference set before Judge Ungaro terminated. See DE #6 . (ar2) |
| Set/Reset Deadlines/Hearings as per DE #8 : Dispositive Motions due by 10/9/2020. (lk) |
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Filing 8
ORDER that the parties are directed to submit suggested deadlines for the filing of the administrative record and motions for summary judgment by October 9, 2020. In addition, by October 9, 2020, the parties, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. Signed by Judge Cecilia M. Altonaga on 9/10/2020. See attached document for full details. (wc)
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| Filing 7 SUMMONS (Affidavit) Returned Executed by Ronald Simon, Jean Fritz Paul, Carmela Guzman-Iraheta, Ricardeau Beliard, Jean Yves Jacce, Marguerite Previl, Carel Carius, Rodney Daniel, Jose Miranda, Jocelyn Commandant, Patrick Jean-Claude, Juan Diaz, Jean Wilfrid Achille. District Director, Miami District (S24), USCIS served on 9/9/2020, answer due 11/9/2020; District Director, Tampa District (S23), USCIS served on 9/9/2020, answer due 11/9/2020. (Prada, Mark) |
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Filing 6
ORDER TRANSFERRING CASE to Judge Cecilia M. Altonaga for all further proceedings, accepted and signed on 9/2/2020. Judge Ursula Ungaro no longer assigned to case. Signed by Judge Ursula Ungaro on 9/2/2020. See attached document for full details. (wc)
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Filing 5
Order Setting Initial Planning and Scheduling Conference. Joint Scheduling Report due by 10/23/2020. Scheduling Conference set for 11/6/2020 11:30 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 9/2/2020. See attached document for full details. (jbs)
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Filing 4
Standing Order on Zoom and other Video-Conference Hearings Signed by Judge Ursula Ungaro on 9/2/2020. See attached document for full details. (jbs)
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| Filing 3 Summons Issued as to District Director, Miami District (S24), USCIS, District Director, Tampa District (S23), USCIS, U.S. Attorney and U.S. Attorney General (jbs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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. (jbs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13442771, filed by Ronald Simon, Jean Fritz Paul, Carmela Guzman-Iraheta, Ricardeau Beliard, Jean Yves Jacce, Marguerite Previl, Carel Carius, Rodney Daniel, Jose Miranda, Jocelyn Commandant, Patrick Jean-Claude, Juan Diaz, Jean Wilfrid Achille. (Attachments: #1 Notice of Related Case, #2 Civil Cover Sheet, #3 Summon(s), #4 Exhibit A - IMMACT 90, Tit. III, #5 Exhibit B - Genco Op. 91-27, #6 Exhibit C - Genco Op. 91-49, #7 Exhibit D - MTINA Section 304, #8 Exhibit E - Genco Op 92-10, #9 Exhibit F - Genco Op 93-56, #10 Exhibit G - St. Philippe Declaration, #11 Exhibit H - USCIS Decision Examples, #12 Exhibit I - USCIS Policy Alert, #13 Exhibit J - Appendix of Plaintiff Documents)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Prada, Mark) |
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