Case: Florida v. United States

3:21-cv-01066 | U.S. District Court for the Northern District of Florida

Filed Date: Sept. 28, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the government’s policies and practices concerning undocumented immigrants at the United States-Mexico border. On September 28, 2021, the State of Florida filed this lawsuit in U.S. District Court for the Northern District of Florida. Florida sued the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS) under the Administrative Procedure Act (APA). Ci…

This is a case about the government’s policies and practices concerning undocumented immigrants at the United States-Mexico border. On September 28, 2021, the State of Florida filed this lawsuit in U.S. District Court for the Northern District of Florida. Florida sued the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS) under the Administrative Procedure Act (APA). Citing statistics that the Biden Administration was releasing into the country’s interior a radically greater number of immigrants than the Trump Administration did, Florida sought to enjoin the Biden Administration’s alleged policy: "[of] releasing arriving [undocumented immigrants] subject to mandatory detention, of paroling [undocumented immigrants] without engaging in case-by-case adjudication or abiding by the other limits on that authority, and of failing to serve charging documents or initiate removal proceedings against [paroled undocumented immigrants].” Florida also sought a declaratory judgment that the Biden Administration was violating the Immigration and Nationality Act (INA) and requested costs and attorney’s fees. District Judge T. Kent Wetherell II presided over the case.

On December 3, 2021, the government moved to transfer the case from the Pensacola Division to the Tallahassee Division because venue was improper in the Pensacola Division. In the alternative, the government claimed that the case should be transferred because the Tallahassee Division would be more convenient. The same day, the government moved to dismiss Florida’s complaint for lack of jurisdiction and failure to state a claim.

On January 18, 2022, after briefing by both sides, the court denied the government’s motion to transfer venue. The court explained that a state “resides at every point within its boundaries.” Thus, the court held, Florida resided in the Pensacola Division and venue there was proper. The court then considered the factors relevant to a transfer for convenience. Concluding that most of these factors were neutral but that one—the respect accorded to a plaintiff’s choice of forum—weighed against the transfer, the court denied the motion.

According to Florida, in November 2021, the government issued an internal memo stating that it would cease issuing “notices to report.” These notices effectively instructed people to voluntarily contact immigration services at some later date after arrest. In its original complaint, Florida had challenged the practice of issuing these notices, rather than official charging documents, before releasing detained persons. Thus, Florida filed an amended complaint on February 1, shortly after it claimed to have learned of this memo. The next day, the court denied the government’s motion to dismiss as moot. 

The plaintiffs amended complaint addressed the court's rulings on the motion to transfer. The amended complaint also directly addressed President Biden's parole and alternatives to detention (ATD) policies. These policies included a non-detention policy, which released immigrants from detention. The parole policy enabled Department of Homeland Security agents to allow immigrants to enter the U.S. without being admitted, but to parole them on a case-by-case basis due to "humanitarian reasons" or "significant public benefit." The ATD policy included methods like ankle monitoring, GPS tracking, and a phone app.

On February 24, the government moved to stay proceedings pending the Supreme Court’s decision in Texas v. Biden. The government argued that the two cases dealt with overlapping issues and thus the interests of judicial economy and avoiding inconsistent judgments counseled in favor of a stay. On March 9, Florida filed a response arguing that the cases were not related enough to justify a stay, that the government had already created delays for Florida by mooting its first complaint, that Florida continued to suffer ongoing harm from the government’s allegedly unlawful policies, and that the government, given the lack of impending discovery obligations or filing deadlines, would not be harmed in the absence of a stay. Two days later, the court denied the motion to stay. The district judge explained that the case had “languished” for long enough and that the benefits of the Supreme Court potentially ruling or commenting on overlapping issues were outweighed by the ongoing harm to Florida from the government’s challenged policies.

On March 7, 2022, the government filed a motion to dismiss Florida’s amended complaint for lack of jurisdiction and failure to state a claim. The government argued that Florida lacked standing because (among other reasons) the state’s alleged injury—the cost of providing government services to undocumented immigrants who migrated to Florida—was generalized rather than particularized and was not fairly traceable to the government’s challenged policies, as it depended on “a string of third-party actions.” The government also alleged that Florida’s claims were not justiciable because (1) the challenged practices did not constitute final agency action and were committed to agency discretion, (2) the INA barred the court’s jurisdiction over the claims Florida raised in this case, and (3) that Florida, as a plaintiff, did not fall within the “zone of interests” of the INA.

Next, the government argued that Florida failed to state a claim for which relief could be granted. In response to Florida’s claims that DHS policies and practices were not in “accordance with the law” or “in excess of statutory authority,” the government argued that DHS had substantial law enforcement discretion that was not displaced by the INA, that the text of the INA did not support Florida’s contention that the relevant statutory provisions required detention and the initiation of removal proceedings in all cases, and that Florida’s evidence did not support the conclusion that DHS was abusing its parole authority. In response to Florida’s claims that DHS’ parole-related policies were arbitrary and capricious, the government argued that its challenged practices did not represent a cohesive program or policy and were instead individual parole decisions that the court lacked jurisdiction to review. In response to Florida’s claim that DHS failed to engage in notice-and-comment rulemaking for their challenged policies, the government argued that this procedure was only required for rulemaking, that its individual immigration-related determinations were adjudications, not rules, and that, if the alleged policies existed, they would constitute “general statements of policy” rather than rules.

The court denied the defendant's motion to dismiss on May 4, 2022. After further proceedings, including a motion to quash filed by the defendants on August 19, 2022, and an order granting in part and denying in part the motion to quash on September 2, 2022, both Florida and the defendants filed motions for summary judgment on October 3, 2022. Judge Wetherell denied these motions on November 18, 2022. In his order, Judge Wetherell wrote that he denied the motions to dismiss due to: (a) the existence of genuine disputes of material facts (the plaintiff's standing and the existence, operation, and validity of the "non-detention policy"), (b) unpersuasive arguments about justiciability and redressability from the defendant, and (c) the court's desire to defer judicial review of the policy at issue in this case to trial or after trial.

The first day of the bench trial occurred on January 9, 2023. This trial was four days long, ending on January 12, 2023. As of February 13, 2023, the defendant asked for an extension of time to file post-trial briefs. This motion for extension was granted.

On March 8, 2023, Judge Wetherell entered a judgment in favor of Florida on some counts and in favor of the government on others. Judge Wetherell held that the parole and ATD policies were unlawful and not a valid exercise of the government's power, so he vacated the policies and remanded them to DHS. He also held that while the non-detention policy did exist, it was not subject to judicial review. The judgment was stayed for seven days to allow time for the government to appeal. __ F. Supp. 3d __; 2023 WL 2399883.

The government appealed the case to the 11th Circuit Court of Appeals on May 5, 2023, and subsequently filed an emergency motion to stay the judgment a week later in the district court. The district court denied the motion the next day, noting that the government’s delay in filing the appeal and motion for stay indicated it was not experiencing irreparable harm from the judgment. The court also pointed to the government’s claim that it had already ended the ATD and parole policies before the court vacated them, and rejected the argument that the government might need to restart the policies. The court also concluded that the government would likely lose on appeal. 

Florida then filed a cross-appeal to the 11th Circuit on May 16, 2023. Three days later, the government moved to expedite the appeal and consolidate this appeal with another case, Florida v. Mayorkas. In that case, the same district judge had enjoined the DHS’s “parole with conditions” policy, which was very similar to the ATD policy. The government asked the 11th Circuit to stay that injunction and the order in this case.

On May 20, 2023, the 11th Circuit granted the motions to consolidate and to expedite the appeal. The 11th Circuit denied the motion for a stay of both orders on June 5, 2023, holding that the government had not shown it would experience irreparable harm without a stay. The 11th Circuit concluded that the policies at issue were not as essential as the government claimed, and that the government’s various procedural delays confirmed this. 2023 WL 3813774.

On June 9, 2023, Florida filed an unopposed motion to voluntarily dismiss its cross-appeal, which the 11th Circuit granted on July 11, 2023. 

As of November 2023, the case is ongoing. 

Summary Authors

Evan Gamza (4/16/2022)

Isabel Hershey (2/13/2023)

Venesa Haska (10/29/2023)

Related Cases

Florida v. Mayorkas, Northern District of Florida (2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60493921/parties/state-of-florida-v-united-states/


Attorney for Plaintiff

Bell, Daniel William (Florida)

BRODEEN, KAREN ANN (Florida)

CHRISTMAS, NATALIE (Florida)

Attorney for Defendant

Coody, Jason R.

Expert/Monitor/Master/Other

Boynton, Brian M. (Florida)

show all people

Documents in the Clearinghouse

Document
1

3:21-cv-01066

Complaint for Declaratory and Injunctive Relief

State of Florida v. the United States of America

Sept. 28, 2021

Sept. 28, 2021

Complaint
13

3:21-cv-01066

Order Denying Motion to Transfer Venue

State of Florida v. the United States of America

Jan. 18, 2022

Jan. 18, 2022

Order/Opinion
16

3:21-cv-01066

First Amended Complaint for Declaratory and Injunctive Relief

State of Florida v. the United States of America

Feb. 1, 2022

Feb. 1, 2022

Complaint
25

3:21-cv-01066

Order Denying Stay

State of Florida v. the United States of America

March 11, 2022

March 11, 2022

Order/Opinion
82

3:21-cv-01066

Order

Sept. 2, 2022

Sept. 2, 2022

Order/Opinion
117

3:21-cv-01066

Order Ruling on Pending Motions and Establishing Pretrial Conference Date

Nov. 18, 2022

Nov. 18, 2022

Order/Opinion
157

3:21-cv-01066

Opinion and Order

March 8, 2023

March 8, 2023

Order/Opinion
165

3:21-cv-01066

Order Denying Stay

State of Florida v. United States of America

May 13, 2023

May 13, 2023

Order/Opinion
38

23-11528

Order of Court

U.S. Court of Appeals for the Eleventh Circuit

June 5, 2023

June 5, 2023

Order/Opinion

2023 WL 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60493921/state-of-florida-v-united-states/

Last updated May 2, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AFLNDC-6362480.), filed by STATE OF FLORIDA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (PERCIVAL, JAMES) (Entered: 09/28/2021)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

Sept. 28, 2021

Sept. 28, 2021

Clearinghouse
2

DOCKET ANNOTATION BY COURT: The parties in the above-referenced case were added to the docket incorrectly and will be corrected by the clerk. Party names are to be entered in all caps and without punctuation. For future reference: Please review the procedure for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or chapter 10 of the "CM/ECF Attorney User's Guide," available at www.flnd.uscourts.gov. (mb) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
3

Summons Issued as to UNITED STATES (Attachments: # 1 Summons - ALEJANDRO MAYORKAS, # 2 Summons - TAE JOHNSON, # 3 Summons - TROY MILLER, # 4 Summons - UR M JADDOU, # 5 Summons - US CITIZEN AND IMMIGRATION SERVICES, # 6 Summons - US CUSTOMS AND BORDER PROTECTION, # 7 Summons - US DEPT OF HOMELAND SECURITY, # 8 Summons - US IMMIGRATION AND CUSTOMS ENFORCEMENT), U.S. Attorney and U.S. Attorney General. (mb) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
4

NOTICE of Service by STATE OF FLORIDA re 3 Summons Issued as to USA, 1 Complaint (Attachments: # 1 Exhibit A. Certified Mail Receipts, # 2 Exhibit B. Delivery Confirmation) (PERCIVAL, JAMES) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
5

MOTION to Transfer Case to Tallahasee Division by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (Internal deadline for referral to judge if response not filed earlier: 12/17/2021). (Attachments: # 1 Memorandum in Support of Motion to Transfer, # 2 Exhibit A - November 2, 2021 CBP Memorandum) (DARROW, JOSEPH) Modified on 12/6/2021: terminated due to Amended Motion(jfj). (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
6

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF JURISDICTION by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Memorandum in Support of Defendants' Motion to Dismiss, # 2 Exhibit A - November 2, 2021 CBP Memorandum, # 3 Text of Proposed Order) (DARROW, JOSEPH) (Entered: 12/03/2021)

1 Memorandum in Support of Defendants' Motion to Dismiss

View on RECAP

2 Exhibit A - November 2, 2021 CBP Memorandum

View on RECAP

3 Text of Proposed Order

View on PACER

Dec. 3, 2021

Dec. 3, 2021

PACER
7

Amended MOTION to Transfer Case to Tallahasee Division (amended to include proposed order) by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (Internal deadline for referral to judge if response not filed earlier: 12/17/2021). (Attachments: # 1 Memorandum in Support of Motion to Transfer Venue, # 2 Exhibit A - November 2, 2021 CBP Memorandum, # 3 Text of Proposed Order) (DARROW, JOSEPH) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER

Set Deadlines Re: 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF JURISDICTION (Internal deadline for referral to judge if response not filed earlier: 12/17/2021). (jfj)

Dec. 3, 2021

Dec. 3, 2021

PACER
8

NOTICE of Appearance by NATALIE CHRISTMAS on behalf of STATE OF FLORIDA (CHRISTMAS, NATALIE) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
9

Joint MOTION for Extensions of Time and Leave to File a Reply Brief by STATE OF FLORIDA. (CHRISTMAS, NATALIE) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
10

ORDER Granting 9 Parties' Joint Motion for Extension of Time and Leave to File Reply Brief. Plaintiff shall have until December 27, 2021, to respond to Defendants' motion to transfer. Defendants may file a reply in support of the motion to transfer on or before January 10, 2022. The reply shall be limited to 3,200 words. Plaintiff shall have 14 days after the Court rules on the motion to transfer to respond to Defendants' motion to dismiss or to file an amended complaint. Signed by JUDGE T KENT WETHERELL II on 12/13/21. (jfj) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

RECAP

Set Deadlines/Hearings. (Internal deadline for referral to judge if response not filed earlier: re: Plaintiff's Response to Defendant's Motion to Transfer due by 12/27/2021) . Defendant's Reply in Support of Motion to Transfer due by 1/10/2022. (jfj)

Dec. 13, 2021

Dec. 13, 2021

PACER
11

RESPONSE in Opposition re 7 Amended MOTION to Transfer Case to Tallahasee Division (amended to include proposed order) filed by STATE OF FLORIDA. (CHRISTMAS, NATALIE) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

PACER
12

REPLY to Response to Motion re 7 Amended MOTION to Transfer Case to Tallahasee Division (amended to include proposed order) filed by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (DARROW, JOSEPH) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 12 Reply to Response to Motion, 11 Response in Opposition to Motion, 7 Amended MOTION to Transfer Case to Tallahasee Division (jfj)

Jan. 11, 2022

Jan. 11, 2022

PACER
13

ORDER DENYING MOTION TO TRANSFER VENUE. Defendants' amended motion to transfer venue (Doc. 7 ) is DENIED. Plaintiff has 14 days from the date of this Order to respond to Defendants' motion to dismiss (Doc. 6 ) or to file an amended complaint. Signed by JUDGE T KENT WETHERELL II on 01/18/22. (Plaintiff to file response to motion to dismiss or an amended complaint by 2/1/2022.) (jfj) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

Clearinghouse
14

NOTICE of Appearance by MARIE ARMSTRONG MOYLE on behalf of UNITED STATES (MOYLE, MARIE) (Entered: 01/27/2022)

Jan. 27, 2022

Jan. 27, 2022

PACER
15

NOTICE of Appearance by HENRY CHARLES WHITAKER on behalf of STATE OF FLORIDA (WHITAKER, HENRY) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
16

FIRST AMENDED COMPLAINT against All Defendants All Defendants., filed by STATE OF FLORIDA. (PERCIVAL, JAMES) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

Clearinghouse

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 16 FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. (jfj)

Feb. 1, 2022

Feb. 1, 2022

PACER
17

ORDER. Defendants' 6 motion to dismiss is DENIED as moot. Defendants shall have 14 days from the date of this Order to answer or otherwise respond to the 16 amended complaint. Signed by JUDGE T KENT WETHERELL II on 02/02/22.(Answer due by 2/16/2022.) (jfj) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
18

Consent MOTION for Extension of Time to File Answer re 17 Order,, Set Deadlines/Hearings, by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order) (DARROW, JOSEPH) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
19

ORDER GRANTING EXTENSION OF TIME re 18 Consent MOTION for Extension of Time to File Answer. Defendants shall have until March 2, 2022, to answer or otherwise respond to the amended complaint. Signed by JUDGE T KENT WETHERELL II on 02/08/22. (jfj) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
20

MOTION to Stay Case Pending Supreme Court's Decision in Texas v. Biden by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Supplement Memorandum in Support of Motion to Stay Case) (DARROW, JOSEPH) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

RECAP

Set Deadlines/Hearings re 20 Motion to Stay the Case Pending the Supreme Court's Decision in Texas v. Biden. (Internal deadline for referral to judge if response not filed earlier: 3/10/2022). (alb)

Feb. 24, 2022

Feb. 24, 2022

PACER
21

MOTION for Extension of Time to File Answer re 16 Amended Complaint Unopposed Motion for Extension of Time by Five Days to File Answer or Response to First Amended Complaint by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (DARROW, JOSEPH) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
22

ORDER GRANTING EXTENSION OF TIME. Defendants' unopposed motion for extension of time (Doc. 21 ), is GRANTED, and Defendants shall have until March 7, 2022, to answer or otherwise respond to the amended complaint. Signed by JUDGE T KENT WETHERELL II on 03/02/22. (jfj) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
23

MOTION to Dismiss for Lack of Jurisdiction And Failure To State A Claim by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (Internal deadline for referral to judge if response not filed earlier: 3/21/2022). (Attachments: # 1 Memorandum in Support of Motion, # 2 Proposed Order) (DARROW, JOSEPH) (Entered: 03/07/2022)

1 Memorandum in Support of Motion

View on RECAP

2 Proposed Order

View on PACER

March 7, 2022

March 7, 2022

PACER
24

RESPONSE in Opposition re 20 MOTION to Stay Case Pending Supreme Court's Decision in Texas v. Biden filed by STATE OF FLORIDA. (CHRISTMAS, NATALIE) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

RECAP
24

RESPONSE in Opposition re 20 MOTION to Stay Case Pending Supreme Court's Decision in Texas v. Biden filed by STATE OF FLORIDA. (CHRISTMAS, NATALIE) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

RECAP
24

RESPONSE in Opposition re 20 MOTION to Stay Case Pending Supreme Court's Decision in Texas v. Biden filed by STATE OF FLORIDA. (CHRISTMAS, NATALIE) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 20 MOTION to Stay Case Pending Supreme Court's Decision in Texas v. Biden and 24 Response in Opposition to Motion. (jfj)

March 10, 2022

March 10, 2022

PACER
25

ORDER DENYING STAY. Defendants' motion to stay 20 is DENIED. Signed by JUDGE T KENT WETHERELL II on 03/11/22. (jfj) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

Clearinghouse
26

INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/25/2022. Rule 26 Meeting Report due by 4/25/2022. Discovery due by 7/11/2022. Signed by JUDGE T KENT WETHERELL II on 03/11/22. (jfj) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

RECAP
27

NOTICE of Appearance by KAREN ANN BRODEEN on behalf of STATE OF FLORIDA (BRODEEN, KAREN) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER
28

Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss for Lack of Jurisdiction And Failure To State A Claim by STATE OF FLORIDA. (CHRISTMAS, NATALIE) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

PACER
29

ORDER GRANTING EXTENSION OF TIME re 28 Consent MOTION for Extension of Time. The motion is GRANTED, and Plaintiff shall have until March 28, 2022, to file its response to Defendants' motion to dismiss. Signed by JUDGE T KENT WETHERELL II on 03/18/22. (Response to motion due by by 3/28/2022.) (jfj) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
30

NOTICE of Appearance by ERIN T RYAN on behalf of DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT (RYAN, ERIN) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
31

RESPONSE to Motion re 23 MOTION to Dismiss for Lack of Jurisdiction And Failure To State A Claim filed by STATE OF FLORIDA. (PERCIVAL, JAMES) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 23 MOTION to Dismiss for Lack of Jurisdiction And Failure To State A Claim and 31 Response to Motion. (jfj)

March 28, 2022

March 28, 2022

PACER
32

Consent MOTION for Leave to File re 31 Response to Motion, 23 MOTION to Dismiss for Lack of Jurisdiction And Failure To State A Claim Motion for Leave to File Reply in Support of Motion to Dismiss the Amended Complaint by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (DARROW, JOSEPH) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 32 CONSENTED-TO MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT. (jfj)

March 28, 2022

March 28, 2022

PACER
33

ORDER AUTHORIZING REPLY. Upon due consideration of Defendants' unopposed motion for leave to file reply (Doc. 32 ), it is ORDERED that the motion is GRANTED, and Defendants shall have 7 days from the date of this Order to file a reply in support of their motion to dismiss. The reply shall comply with the word limit in Local Rule 7.1(I). Signed by JUDGE T KENT WETHERELL II on 03/29/22. (Reply due by 4/5/2022.) (jfj) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
33

ORDER AUTHORIZING REPLY. Upon due consideration of Defendants' unopposed motion for leave to file reply (Doc. 32 ), it is ORDERED that the motion is GRANTED, and Defendants shall have 7 days from the date of this Order to file a reply in support of their motion to dismiss. The reply shall comply with the word limit in Local Rule 7.1(I). Signed by JUDGE T KENT WETHERELL II on 03/29/22. (Reply due by 4/5/2022.) (jfj) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
34

MOTION to Appear Pro Hac Vice by Matt A. Crapo.( Filing fee $ 208 receipt number AFLNDC-6890907.) by Immigration Reform Law Institute. (Attachments: # 1 Certificate of Good Standing) (CRAPO, MATT) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
35

ORDER re 34 MOTION to Appear Pro Hac Vice. The motion is GRANTED, and attorney Matt A. Crapo is authorized to appear pro hac vice for potential amicus curiae Immigration Reform Law Institute. Signed by JUDGE T KENT WETHERELL II on 04/01/22. (jfj) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
36

Consent MOTION for Leave to File Brief of Immigration Reform Law Institute as Amicus Curiae in Opposition to Defendants' Motion to Dismiss by Immigration Reform Law Institute. (Attachments: # 1 Brief of Immigration Reform Law Institute as Amicus Curiae in Opposition to Defendants' Motion to Dismiss) (CRAPO, MATT) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 36 Consent MOTION for Leave to File Brief of Immigration Reform Law Institute as Amicus Curiae in Opposition to Defendants' Motion to Dismiss (jfj)

April 3, 2022

April 3, 2022

PACER
37

ORDER. The motion is GRANTED, and the Immigration Reform Law Institute's amicus brief (Doc. 36 -1) is accepted. Defendants shall address the arguments raised in the amicus brief in their reply in support of their motion to dismiss, and on the Court's own motion, the deadline for the reply is extended by 7 days to April 12, 2022. No further extensions will be granted. Signed by JUDGE T KENT WETHERELL II on 04/04/22. (Reply due by 4/12/2022.) (jfj) (Entered: 04/04/2022)

April 4, 2022

April 4, 2022

PACER
38

REPORT of Rule 26(f) Planning Meeting. (CHRISTMAS, NATALIE) (Entered: 04/06/2022)

April 6, 2022

April 6, 2022

PACER
39

FINAL SCHEDULING ORDER Re: 38 Report of Rule 26(f) Planning Meeting: Discovery due by 7/11/2022. Dispositive Motions to be filed by 8/1/2022. Signed by JUDGE T KENT WETHERELL II on 04/06/22. (jfj) (Entered: 04/06/2022)

April 6, 2022

April 6, 2022

RECAP
40

REPLY to Response to Motion re 23 MOTION to Dismiss for Lack of Jurisdiction And Failure To State A Claim, 32 Consent MOTION for Leave to File re 31 Response to Motion, 23 MOTION to Dismiss for Lack of Jurisdiction And Failure To State A Claim Motion for Leave to File Reply in Support of Motion to Dismiss the Amended Complaint Defendants' Reply in Support of Motion to Dismiss the First Amended Complaint filed by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (DARROW, JOSEPH) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

RECAP
41

RULE 26 Disclosures by STATE OF FLORIDA. (CHRISTMAS, NATALIE) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 23 MOTION to Dismiss for Lack of Jurisdiction And Failure To State A Claim, 31 Response to Motion, and 40 Reply to Response to Motion. (jfj)

April 13, 2022

April 13, 2022

PACER
42

NOTICE of Supplemental Authority by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Exhibit Stay Decision in Arizona v. Biden, No. 22-3272 (6th Cir. Apr. 12, 2022)) (DARROW, JOSEPH) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 42 NOTICE OF SUPPLEMENTAL AUTHORITY. (jfj)

April 20, 2022

April 20, 2022

PACER
43

NOTICE of Supplemental Authority Response by STATE OF FLORIDA re 42 Notice (Other), (CHRISTMAS, NATALIE) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 43 FLORIDA'S RESPONSE TO DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY. (jfj)

April 21, 2022

April 21, 2022

PACER
44

RULE 26 Disclosures by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (DARROW, JOSEPH) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

RECAP
45

ORDER DENYING MOTION TO DISMISS. Defendants' motion to dismiss (Doc. 23 ) is DENIED. Defendants shall have 14 days from the date of this Order to answer the amended complaint. See Fed. R. Civ. P. 12(a)(4)(A). Signed by JUDGE T KENT WETHERELL II on 05/04/22. (Answer due 5/18/22.) (jfj) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

RECAP
46

NOTICE of Appearance by ANITA J PATEL on behalf of STATE OF FLORIDA (PATEL, ANITA) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
47

MOTION to Supplement the Administrative Record for the Parole + ATD Policy by STATE OF FLORIDA. (Attachments: # 1 Certified Administrative Record, # 2 CBP Email re CDC Guidance, # 3 Email re FL Lawsuit, # 4 Enforcement Priorities AR Index, # 5 MPP AR Index, # 6 Epoch Times Article) (CHRISTMAS, NATALIE) (Entered: 05/19/2022)

1 Certified Administrative Record

View on PACER

2 CBP Email re CDC Guidance

View on PACER

3 Email re FL Lawsuit

View on PACER

4 Enforcement Priorities AR Index

View on PACER

5 MPP AR Index

View on PACER

6 Epoch Times Article

View on PACER

May 19, 2022

May 19, 2022

RECAP
48

Joint MOTION for Extension of Time to Complete Discovery by STATE OF FLORIDA. (PERCIVAL, JAMES) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 47 MOTION to Supplement the Administrative Record for the Parole + ATD Policy, MOTION to Supplement the Administrative Record for the Parole + ATD Policy, 48 Joint MOTION for Extension of Time to Complete Discovery. (alb)

May 19, 2022

May 19, 2022

PACER
49

ORDER re 48 Joint MOTION for Extension of Time to Complete Discovery 47 MOTION to Supplement the Administrative Record for the Parole + ATD Policy. The joint motion to enlarge time to complete discovery is GRANTED and the discovery deadline is extended to August 10, 2022. All deadlines in the scheduling order tied to the discovery deadline are extended likewise. Defendants shall have 7 days from the date of this Order to respond to Plaintiff's motion to supplement the administrative record. (Internal deadline for referral to judge if response not filed earlier: 5/27/2022). Dispositive Motions to be filed by 8/31/2022. Discovery due by 8/10/2022.) Signed by JUDGE T KENT WETHERELL II on 05/20/2022. (alb) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

RECAP
50

Consent MOTION for Extension of Time to File Answer re 16 Amended Complaint respectfully requesting a brief nunc pro tunc extension of time to answer by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (RYAN, ERIN) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 50 DEFENDANTS' CONSENT MOTION FOR A NUNC PRO TUNC EXTENSION OF TIME TO ANSWER THE COMPLAINT. (jfj)

May 22, 2022

May 22, 2022

PACER
51

ORDER GRANTING EXTENSION OF TIME re 50 Consent MOTION for Extension of Time. The motion is GRANTED, and Defendants shall have until May 24, 2022, to answer the amended complaint. Signed by JUDGE T KENT WETHERELL II on 05/23/22. (jfj) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
52

ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE ZACHARY C BOLITHO for all further proceedings. MAGISTRATE JUDGE ELIZABETH M TIMOTHY no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 5/23/2022. (erl)**Please use the new judge's initials for all future filings: 3:21cv1066-TKW-ZCB. (Entered: 05/24/2022)

May 23, 2022

May 23, 2022

PACER
53

ANSWER to 16 Amended Complaint by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (DARROW, JOSEPH) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

RECAP
54

RESPONSE in Opposition re 47 MOTION to Supplement the Administrative Record for the Parole + ATD Policy MOTION to Supplement the Administrative Record for the Parole + ATD Policy filed by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (RYAN, ERIN) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 47 MOTION to Supplement the Administrative Record for the Parole + ATD Policy and 54 DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTIONTO SUPPLEMENT THE ADMINISTRATIVE RECORD. (jfj)

May 30, 2022

May 30, 2022

PACER
55

ORDER DENYING MOTION TO SUPPLEMENT ADMINISTRATIVE RECORD. Florida's motion to supplement the administrative record for the parole + ATD policy (Doc. 47 ) is DENIED. Signed by JUDGE T KENT WETHERELL II on 06/06/22. (jfj) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

RECAP
56

RULE 26 Disclosures by STATE OF FLORIDA. (PATEL, ANITA) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

RECAP
57

MOTION for Protective Order for certain topics listed in plaintiff's 30(b)(6) deposition notice by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A) (RYAN, ERIN) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: 57 DEFENDANTS' MOTION FOR A PROTECTIVE ORDER WITH RESPECT TO TOPICS 3, 9, 14, AND 15 LISTED IN PLAINTIFF'S NOTICE OF 30(b)(6) DEPOSITION. Referred to ZACHARY C BOLITHO. (jfj)

July 5, 2022

July 5, 2022

PACER
58

ORDER entered re 57 Motion for Protective Order. Defendants request an order directing Plaintiff to file any response to their Motion for a Protective Order within seven days and indicate that Plaintiff has consented to filing its opposition within that time frame. (See Doc. 57 at 3). Accordingly, Plaintiffs response to Defendants' Motion for a Protective Order is due on or before July 8, 2022. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 7/5/2022. (hmw) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER

Set Deadlines re: 57 Motion for Protective Order. (Internal deadline for referral to judge if response not filed earlier: 7/8/2022). (jfj)

July 6, 2022

July 6, 2022

PACER
59

RESPONSE in Opposition re 57 MOTION for Protective Order for certain topics listed in plaintiff's 30(b)(6) deposition notice filed by STATE OF FLORIDA. (PATEL, ANITA) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: 57 MOTION for Protective Order for certain topics listed in plaintiff's 30(b)(6) deposition notice, 59 Response in Opposition to Motion. Referred to ZACHARY C BOLITHO. (jfj)

July 7, 2022

July 7, 2022

PACER
60

MOTION to Compel Production of Documents by STATE OF FLORIDA. (PATEL, ANITA) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: 60 MOTION to Compel Production of Documents. Referred to ZACHARY C BOLITHO. (jfj)

July 8, 2022

July 8, 2022

PACER

Set Deadlines re: 60 MOTION to Compel Production of Documents by STATE OF FLORIDA. (Internal deadline for referral to judge if response not filed earlier: 7/22/2022). (jfj)

July 8, 2022

July 8, 2022

PACER
61

Minute Entry for proceedings held before MAGISTRATE JUDGE ZACHARY C BOLITHO:Motion Hearing held on 7/8/2022 re 57 MOTION for Protective Order for certain topics listed in plaintiff's 30(b)(6) deposition notice filed by DEPARTMENT OF HOMELAND SECURITY and [59 State of Florida's Response in Opposition. (Court Reporter DCR.) (kli) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
62

STATUS REPORT Parties' Joint Notice Regarding Defendants' Motion for Protective Order by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (DARROW, JOSEPH) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
63

ORDER entered 60 Motion to Compel. Plaintiff requests an order directing Defendant the Department of Homeland Security (DHS) to file any response to the Motion to Compel within seven days. Plaintiff indicates that DHS consents to filing its opposition within that time frame. (See Doc. 60 at 2, 10). Accordingly, DHS's response to Plaintiffs Motion to Compel is due on or before July 15, 2022. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 7/11/2022. (hmw) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: 62 JOINT NOTICE REGARDING DEFENDANTS' MOTION FOR A PROTECTIVE ORDER WITH RESPECT TO TOPICS 3, 9, 14, AND 15 LISTED IN PLAINTIFF'S NOTICE OF 30(b)(6) DEPOSITION. (jfj)

July 11, 2022

July 11, 2022

PACER

Set Deadlines re: 60 Motion to Compel. (Internal deadline for referral to judge if response not filed earlier: 7/15/2022). (jfj)

July 11, 2022

July 11, 2022

PACER
64

ORDER. Defendants' Motion for Protective Order (Doc. 57 ) is: GRANTED with respect to Topic 3; DENIED with respect to Topic 9; DENIED with respect to Topic 14; GRANTED with respect to Topic 15. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 07/12/22. (jfj) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
65

NOTICE of Appearance by BILAL AHMED FARUQUI on behalf of STATE OF FLORIDA (FARUQUI, BILAL) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
66

RULE 26 Disclosures by STATE OF FLORIDA. (PATEL, ANITA) (Entered: 07/13/2022)

July 13, 2022

July 13, 2022

PACER
67

RESPONSE in Opposition re 60 MOTION to Compel Production of Documents filed by DEPARTMENT OF HOMELAND SECURITY, UR M JADDOU, TAE D JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, UNITED STATES, US CITIZENSHIP AND IMMIGRATION SERVICES, US CUSTOMS AND BORDER PROTECTION, US IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (RYAN, ERIN) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

PACER
68

ORDER. The Court ORDERS counsel to confer telephonically or in person regarding the issues raised in the 60 Motion to Compel. That conference shall occur on or before July 20, 2022. During that conference, the Court expects counsel to endeavor in good faith to resolve any remaining issues raised in the Motion to Compel. By 5:00 p.m. on July 20, 2022, counsel should file a joint notice advising the Court of the status of the issues raised in the Motion to Compel. The notice should include the date that the in person or telephonic conference occurred, as well as the duration of the conference. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 07/18/22. (Joint Notice due by 7/20/2022 5:00 pm.) (jfj) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
69

STATUS REPORT Joint Status Report Regarding Plaintiff's Motion to Compel by STATE OF FLORIDA. (PATEL, ANITA) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: 69 JOINT STATUS REPORT REGARDING PLAINTIFF'S MOTION TO COMPEL. (jfj)

July 20, 2022

July 20, 2022

PACER
70

MOTION re 49 Order,,,, Set Deadlines/Hearings,,, by STATE OF FLORIDA. (Attachments: # 1 Exhibit 1. Barker Deposition, # 2 Exhibit 2. July 18 Memo) (PERCIVAL, JAMES) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 70 FLORIDA'S UNOPPOSED MOTION TO EXTEND DEADLINE TO AMEND PLEADINGS AND ALL REMAINING DEADLINES AND FOR A NEW TRIAL DATE. (jfj)

July 21, 2022

July 21, 2022

PACER
71

ORDER EXTENDING DEADLINES AND RESCHEDULING TRIAL. Upon due consideration of Plaintiff's unopposed motion to extend deadlines and for a new trial date (Doc. 70 ), it is ORDERED that the motion is GRANTED, and: The deadline for amending the pleadings is extended to August 12, 2022. The discovery deadline is extended to September 12, 2022, and all deadlines in the scheduling order (Doc. 39 ) tied to the discovery deadline are extended likewise. The Court has blocked January 9-11, 2023, on its calendar for a potential bench trial, and counsel shall do so as well. (SEE FULL ORDER.) Signed by JUDGE T KENT WETHERELL II on 07/21/22. (Discovery due by 9/12/2022. Dispositive Motions to be filed by 10/3/2022.) (jfj) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

RECAP
72

ORDER denying 60 Motion to Compel. Pursuant to the Joint Status Report Regarding Plaintiff's Motion to Compel (Doc. 69), the parties have resolved the issues raised in the motion. In light of this, the Court denies Plaintiff's Motion to Compel (Doc. 60) as moot. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 7/21/2022. (hmw) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
73

RULE 26 Disclosures by STATE OF FLORIDA. (PATEL, ANITA) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER

Case Details

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 28, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Florida

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security (District of Columbia), Federal

U.S. Customs and Border Protection (District of Columbia), Federal

Immigration and Customs Enforcement (District of Columbia), Federal

U.S. Citizenship and Immigration Services (District of Columbia), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Issues

Immigration/Border:

Border police

Detention - criteria

Detention - procedures