ALVES BATISTA et al v. ATTORNEY GENERAL OF THE UNITED STATES et al
| Rogerio ALVES BATISTA and Vanessa FRANCO PORTO BATISTA |
| ATTORNEY GENERAL OF THE UNITED STATES, Secretary of the United States Department of Homeland Security, Director of the United States Citizenship and Immigration Services, Director of the Federal Bureau of Investigation, United States Department of Homeland Security, United States Department of Justice, United States Citizenship and Immigration Services, Federal Bureau of Investigation and The United States of America |
| 1:2023cv22088 |
| June 6, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Mandamus & Other |
| 08 U.S.C. ยง 1329 Writ of Mandamus to Adjudicate Visa Petition |
| None |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Unopposed Motion to Stay. #10 . Therein, Defendants request that this matter be stayed for 90 days to provide an opportunity for USCIS to review the administrative record and issue a decision in response to Plaintiffs petition. Id. at 1. "The district court has broad discretion to stay proceedings as an incident to its power to control its own docket." Four Seasons Hotels & Resorts, B.V. v. Consorcio Barr S.A., 377 F.3d 1164, 1172 n.7 (11th Cir. 2004) (quoting Clinton v. Jones, 520 U.S. 681, 706 (1997)). The length of the requested stay will not be indefinite or immoderate. See Ortega Trujillo v. Conover & Co. Commc'ns, 221 F.3d 1262, 1264 (11th Cir. 2000). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Unopposed Motion to Stay #10 is GRANTED. This action is hereby stayed for 90 days. Within 90 days the Parties shall enter a status report updating the Court on the status of this Action. The Clerk of Court is instructed to administratively close this action.. Signed by Judge K. Michael Moore (rfr)
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| Filing 10 First MOTION to Stay Court Proceedings by ATTORNEY GENERAL OF THE UNITED STATES, Director of the Federal Bureau of Investigation, Director of the United States Citizenship and Immigration Services, Federal Bureau of Investigation, Secretary of the United States Department of Homeland Security, The United States of America, United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice. Responses due by 8/8/2023 (Attachments: #1 Text of Proposed Order)(Reding, Jason) |
| Filing 9 NOTICE of Attorney Appearance by Jason A. Reding on behalf of ATTORNEY GENERAL OF THE UNITED STATES, Director of the Federal Bureau of Investigation, Director of the United States Citizenship and Immigration Services, Federal Bureau of Investigation, Secretary of the United States Department of Homeland Security, The United States of America, United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice. Attorney Jason A. Reding added to party ATTORNEY GENERAL OF THE UNITED STATES(pty:dft), Attorney Jason A. Reding added to party Director of the Federal Bureau of Investigation(pty:dft), Attorney Jason A. Reding added to party Director of the United States Citizenship and Immigration Services(pty:dft), Attorney Jason A. Reding added to party Federal Bureau of Investigation(pty:dft), Attorney Jason A. Reding added to party Secretary of the United States Department of Homeland Security(pty:dft), Attorney Jason A. Reding added to party The United States of America(pty:dft), Attorney Jason A. Reding added to party United States Citizenship and Immigration Services(pty:dft), Attorney Jason A. Reding added to party United States Department of Homeland Security(pty:dft), Attorney Jason A. Reding added to party United States Department of Justice(pty:dft). (Reding, Jason) |
| Filing 8 Summons Issued as to The U.S. Attorney (cds) |
| Filing 7 NOTICE of Filing Proposed Summons(es) AS TO United States OF AMERICA by Rogerio ALVES BATISTA, Vanessa FRANCO PORTO BATISTA re 4 Clerk's Notice to Filer re: Electronic Case, Summons(es), (Attachments: #1 Exhibit A: PROPOSED SUMMONS AS TO USA) (Figueroa-Contreras, Kristin) |
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Filing 6
PAPERLESS ORDER OF REFERRAL TO MAGISTRATE JUDGE. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, this case is hereby referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law and/or to submit a Report and Recommendation to this Court regarding all matters and pretrial motions, except motions for continuance of trial. Signed by Judge K. Michael Moore on 6/7/2023. (rhr)
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Filing 5
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 6/7/2023. (rhr)
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| Filing 4 Clerk's Notice to Filer re: Summons(es) will not be issued. Multiple parties cannot be listed on a single summons. One summons is required for each party. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached for The United States of America. (nwn) |
| Filing 3 Summons Issued as to ATTORNEY GENERAL OF THE UNITED STATES, Director of the Federal Bureau of Investigation, Director of the United States Citizenship and Immigration Services, Secretary of the United States Department of Homeland Security. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. (nwn) |
| Filing 1 Petition (Complaint) for Writ of Mandamus , DECLARATORY, AND OTHER RELIEF against All Defendants. Filing fee $ 402.00 receipt number AFLSDC-16671771, filed by Vanessa FRANCO PORTO BATISTA, Rogerio ALVES BATISTA. (Attachments: #1 Civil Cover Sheet CIVIL COVER SHEET, #2 Exhibit A: PLAINTIFFS' I-551 PERMANENT RESIDENT CARDS (REDACTED), #3 Exhibit B: PLAINTIFFS' FORM I-829 RECEIPT NOTICES, #4 Exhibit C: USCIS' Current Form I-829 Posted Processing Times, #5 Summon(s) PROPOSED SUMMONSES)(Figueroa-Contreras, Kristin) |
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