United States Of America v. Bien-Aime
| United States Of America |
| Philippe Bien-Aime and Jean Philippe Janvier |
| 1:2026cv21064 |
| February 18, 2026 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Other Immigration Actions |
| 28 U.S.C. § 1345 USA Plaintiff |
| None |
Docket Report
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| Filing 18 RESPONSE in Opposition re #10 MOTION to Dismiss filed by United States Of America. Replies due by 6/18/2026. (Liggett, Troy) |
Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion to Stay Discovery. #16 . Therein, the Parties request that the Court stay discovery and hold off on issuing a scheduling order until after the Court decides Plaintiff's forthcoming motion for judgment on the pleadings. Id. at 1. Plaintiff intends to move for judgment on the pleadings within twenty-one days "after Defendant files a complete answer" following adjudication of the pending Motion to Dismiss (ECF No. 10). See (ECF No. 16) at 2. The Parties "agree[] that it would not be prudent to begin discovery until the Court decides all Rule 12 motions, as they could resolve this matter in its entirety." Id. Rather than stay discovery, the Court agrees with the Parties that the most appropriate course of action is to defer entry of a scheduling order. Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that the Motion #16 is GRANTED IN PART. The Court defers entry of a scheduling order pending resolution of Defendant's Motion to Dismiss (ECF No. 10). Within seven (7) days of the Court's ruling on the Motion to Dismiss, the Parties shall meet, confer, and file an amended joint scheduling report, and may seek to establish any further briefing deadlines at such time. Signed by Judge K. Michael Moore on 6/1/2026. (ss02)
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| Filing 16 Joint MOTION to Stay Discovery by United States Of America. Responses due by 6/12/2026. (Attachments: #1 Text of Proposed Order)(Liggett, Troy) |
| Filing 15 Joint SCHEDULING REPORT - Rule 16.1 by United States Of America (Liggett, Troy) |
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Filing 14
PAPERLESS ORDER ON UNOPPOSED MOTION TO EXTEND DEADLINE. THIS CAUSE is before the Court on Plaintiff's Unopposed Motion to Extend Deadline to File Response to Defendant's Motion to Dismiss (the "Motion"). See ECF No. #13 . In the Motion, Plaintiff states that its response to Defendant's Motion to Dismiss is currently due on June 1, 2026, and requests a ten-day extension of time to respond. See id. Plaintiff explains that Defendant's Motion to Dismiss raises complex legal issues requiring additional time to address and represents that it has diligently worked with agency counsel to prepare the response but requires additional time to finalize the filing and complete the necessary review process. See id. at 2. Plaintiff further represents that Defendant does not oppose the requested extension. See id. Upon review of the Motion, the record, and being otherwise fully advised in the premises, the Court finds that Plaintiff has demonstrated good cause for the requested relief. Accordingly, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. #13 , is GRANTED. Plaintiff shall file its response to Defendant's Motion to Dismiss no later than June 11, 2026. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/28/2026. (MFE)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Dismiss to June 11, 2026, by United States Of America. Responses due by 6/10/2026. (Attachments: #1 Text of Proposed Order)(Liggett, Troy) |
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Filing 12
PAPERLESS PRETRIAL ORDER. S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a joint scheduling conference. Counsel shall file a joint scheduling report within ten (10) days of this Order's entry. Failure of counsel to file a joint scheduling report within the deadline set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. 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 5/19/2026. (ss02)
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| Filing 11 ANSWER and Affirmative Defenses to Complaint by Philippe Bien-Aime. (Petruzzi, Paul) |
| Filing 10 MOTION to Dismiss by Philippe Bien-Aime. Responses due by 6/1/2026. (Petruzzi, Paul) |
| Set/Reset Response/Answer Due Deadline, per DE #9 ORDER: Philippe Bien-Aime response/answer due 5/18/2026. (caw) |
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Filing 9
PAPERLESS ORDER on Unopposed Motion for Extension of Time. THIS CAUSE is before the Court on Defendant Philippe Bien-Aime's Unopposed Motion for Extension of Time to File a Responsive Pleading to the Government's Complaint to Revoke Naturalization (the "Motion"), ECF No. #8 . In the Motion, Defendant states that his counsel "filed a notice of appearance on April 27, 2026," which is the same day the response to the Complaint is due. See ECF No. #8 at 1. Defendant therefore asks the Court to extend the deadline to respond to the Government's Complaint by thirty days. See id. Defendant notes that the Government has no objection to the requested relief. See id. Although Defense counsel's recent retainer provides good cause for an extension of time, Defendant does not explain why there is good cause for a 30-day extension. Accordingly, the Motion, ECF No. #8 , is GRANTED in part and DENIED in part. Defendant shall file his Response to the Government's Complaint no later than May 18, 2026. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/27/2026. (MFE)
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| Filing 8 Unopposed MOTION for Extension of Time to File a Responsive Pleading to the Government's Complaint to Revoke Naturalization by Philippe Bien-Aime. Responses due by 5/11/2026. (Attachments: #1 Text of Proposed Order)(Petruzzi, Paul) |
| Filing 7 NOTICE of Attorney Appearance by Paul Domenic Petruzzi on behalf of Philippe Bien-Aime. Attorney Paul Domenic Petruzzi added to party Philippe Bien-Aime(pty:dft). (Petruzzi, Paul) |
| Filing 6 WAIVER OF SERVICE Returned Executed by United States Of America. Philippe Bien-Aime waiver sent on 2/24/2026, response/answer due 4/27/2026. (Liggett, Troy) |
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Filing 5
ORDER SETTING DISCOVERY PROCEDURES. Signed by Judge K. Michael Moore on 2/23/2026. See attached document for full details. (drz)
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Filing 4
PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 2/19/2026. (ss02)
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| Filing 3 Summons Issued as to Philippe Bien-Aime. (caw) |
| Filing 2 Clerk's Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (caw) |
| Filing 1 COMPLAINT to Revoke Naturalization against Philippe Bien-Amie. Filing fees $ 405.00. USA Filer - No Filing Fee Required, filed by United States Of America. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) in a Civil Action to Revoke Naturalization, #3 Exhibit A - Affidavit of Good Cause, #4 Exhibit B - Notice to Appear, #5 Exhibit C - Marriage Certificate, #6 Exhibit D - Birth Certificate, #7 Exhibit E - Transcript of Removal Hearing, #8 Exhibit F - Notice to Appear/Additional Charges, #9 Exhibit G - Removal Order, #10 Exhibit H - Notice of Voluntary Dismissal, #11 Exhibit I - Order of Dismissal, #12 Exhibit J - Notice to Report for Removal, #13 Exhibit K - Warrant of Removal, #14 Exhibit L - Adjustment Application, #15 Exhibit M - Divorce Certificate, #16 Exhibit N - Form G-325A, #17 Exhibit O - Form I-751, #18 Exhibit P - Naturalization Application, #19 Exhibit Q - Naturalization Certificate, #20 Exhibit R - Overseas Verification Report)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Liggett, Troy) |
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