Tellado v. United States Attorney General et al
| Kevin Tellado |
| Alejandro Mayorkas, Tracy Renaud, Enid Stulz, Merrick Garland, Acting Secretary of the United States Department of Homeland Security, Acting Director, U.S. Citizenship and Immigration Services, United States Attorney General and Field Office Director, U.S. Citizenship and Immigration Services, Miami Field Office |
| 1:2021cv21392 |
| April 12, 2021 |
| US District Court for the Southern District of Florida |
| Joan A Lenard |
| Lauren Fleischer Louis |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 08 U.S.C. § 1446 Petition for Naturalization Hearing |
| None |
Docket Report
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This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 FINAL JUDGMENT in favor of Acting Director, U.S. Citizenship and Immigration Services, Acting Secretary of the United States Department of Homeland Security, Field Office Director, U.S. Citizenship and Immigration Services, Miami Field Office, United States Attorney General against Kevin Tellado. Signed by Judge Joan A. Lenard on 8/31/2021. See attached document for full details. (gie) |
Filing 22
ORDER GRANTING #18 Respondents' Motion to Dismiss for Failure to State a Claim Upon Which Relief can be Granted Pursuant to Fed. R. Civ. P. 12(b)(6). Signed by Judge Joan A. Lenard on 8/31/2021. See attached document for full details. (gie)
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| Filing 21 REPLY to #19 Response to Motion, by Acting Director, U.S. Citizenship and Immigration Services, Acting Secretary of the United States Department of Homeland Security, Department of Homeland Security, Executive Office Of Immigration Review,, Field Office Director, U.S. Citizenship and Immigration Services, Miami Field Office, United States Attorney General. (Diaz, Natalie) |
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Filing 20
Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Lauren F. Louis; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Requiring Completion of Joint Scheduling Report and Form.. Signed by Judge Joan A. Lenard on 08/18/2021. See attached document for full details. (Attachments: #1 Appendix, #2 Appendix) (dp)
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| Filing 19 RESPONSE to Motion re #18 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Kevin Tellado. Replies due by 8/24/2021. (Attachments: #1 Exhibit reponse to motion to dismiss exhibits A-D)(Gutierrez, Julio) |
| Filing 18 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Acting Director, U.S. Citizenship and Immigration Services, Acting Secretary of the United States Department of Homeland Security, Field Office Director, U.S. Citizenship and Immigration Services, Miami Field Office, United States Attorney General. Responses due by 8/18/2021 (Diaz, Natalie) |
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Filing 17
PAPERLESS ORDER TO SHOW CAUSE. On April 12, 2021, Petitioner Kevin Tellado filed a Petition for Review of Denial of Application for Naturalization Pursuant to 8 U.S.C. sec. 1421(c) against Attorney General Merrick Garland, Acting Secretary of the United States Department of Homeland Security Alejandro Mayorkas, Acting Director of the U.S. Citizenship and Immigration Services Tracy Renaud, and Field Office Director for the Miami Field Office of the U.S. Citizenship and Immigration Services Enid Stulz. (D.E. #1 .) On June 28, 2021, Assistant U.S. Attorney Natalie Diaz appeared on behalf of Respondents. (D.E. #13 .) On July 13, 2021, counsel for Petitioner filed return receipts from the United States Postal Service purporting to show that Respondents Garland, Renaud, and Stultz have been served, (D.E. #14 at 7, 9, 13), but stating that he had not received a return receipt for Respondent Mayorkas, (id. at 1). Regardless, all four Respondents have entered an appearance through counsel. Accordingly, it is ORDERED AND ADJUDGED that Respondents shall have until and including August 4, 2021 to respond to the Petition or otherwise SHOW CAUSE why Mr. Tellado's Petition for Review of Denial of Application for Naturalization Pursuant to 8 U.S.C. sec. 1421(c) should not be granted. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/14/2021. (gie)
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| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re 15 Order to Show Cause,,,, by Kevin Tellado. (Attachments: #1 Exhibit previous filing with return receipts showing service)(Gutierrez, Julio) |
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Filing 15
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon a sua sponte review of the record. Plaintiff filed the Complaint on April 12, 2021. Over 90 days have passed and Plaintiff has not filed proof that Defendants have been properly served. Although counsel for Plaintiff filed a document titled "PROOF OF SERVICE," (D.E. #14 ), it only states that Defendants have been served without any proof. For example, it states that "The proof of receipt of the summons for Enid Stulz, in her official capacity as Field Office Director, U.S. Citizenship and Immigration Services, was received by the undersigned on April 22, 2021." (Id. at 2.) However, Counsel for Plaintiff did not file the proof of receipt of the summons for Enid Stulz. Based on the Court's review of the record, it is ORDERED AND ADJUDGED that, pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff shall have ten (10) days from the date of this Order to serve Defendants, file valid proof of service, or show cause why this case should not be dismissed for lack of service. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/14/2021. (gie)
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| Filing 14 ACKNOWLEDGMENT OF SERVICE as to #12 Summons Issued as to USA, #1 Complaint, #4 Summons Issued, #11 Notice of Filing Proposed Summons(es) filed by Kevin Tellado. (Gutierrez, Julio) |
| Filing 13 NOTICE of Attorney Appearance by Natalie Diaz on behalf of Acting Director, U.S. Citizenship and Immigration Services, Acting Secretary of the United States Department of Homeland Security, Field Office Director, U.S. Citizenship and Immigration Services, Miami Field Office, United States Attorney General. Attorney Natalie Diaz added to party Acting Director, U.S. Citizenship and Immigration Services(pty:dft), Attorney Natalie Diaz added to party Acting Secretary of the United States Department of Homeland Security(pty:dft), Attorney Natalie Diaz added to party Field Office Director, U.S. Citizenship and Immigration Services, Miami Field Office(pty:dft), Attorney Natalie Diaz added to party United States Attorney General(pty:dft). (Diaz, Natalie) |
| Filing 12 Summons Issued as to U.S. Attorney (ebz) |
| Filing 11 NOTICE of Filing Proposed Summons(es) US Attorney by Kevin Tellado re #1 Complaint, filed by Kevin Tellado (Gutierrez, Julio) |
| Filing 10 Corrected Certificate of Other Affiliates/Corporate Disclosure Statement by Kevin Tellado, Department of Homeland Security, Executive Office Of Immigration Review,, Julio Gutierrez (Gutierrez, Julio) |
| Filing 9 Clerks Notice to Filer re #7 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (jas) |
| Filing 8 NOTICE of Attorney Appearance by Julio Gutierrez on behalf of Kevin Tellado (Gutierrez, Julio) |
| Filing 7 First Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Kevin Tellado (Gutierrez, Julio) |
| Filing 6 NOTICE by Kevin Tellado re #1 Complaint, civil cover sheet (Gutierrez, Julio) |
| Filing 5 NOTICE by Kevin Tellado re #1 Complaint, civil cover sheet (Gutierrez, Julio) |
| Filing 4 Summons Issued as to Merrick Garland, Alejandro Mayorkas, Tracy Renaud, Enid Stulz. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s))(ebz) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. (Cover Sheet provided is blank) Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (ebz) |
| Filing 1 COMPLAINT for De Novo Naturalization Hearing against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14597399, filed by Kevin Tellado. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Merrick Garland, #3 Summon(s) Alejandro Mayorkas, #4 Summon(s) Tracy Renaud, #5 Summon(s) Enid Stulz, #6 Exhibit part 1, #7 Exhibit part 2, #8 Exhibit part 3, #9 Exhibit part 4, #10 Exhibit part 5, #11 Exhibit part 6)(Gutierrez, Julio) |
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