Skip to content

Case Detail

[Subscribe to updates]
Case TitleGhinis v. United States Citizenship and Immigration Services (USCIS)
DistrictMiddle District of Florida
CityOcala
Case Number5:2021cv00554
Date Filed2021-11-09
Date ClosedOpen
JudgeJudge John Antoon II
PlaintiffGilbert G Ghinis
Case DescriptionGilbert Ghinis submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning his Alien File. The agency acknowledged receipt of the request but told Ghinis that it found no records. Ghinis filed an administrative appeal and the agency agreed to conduct another search. This time the agency located an Alien File for Ghinis and disclosed the records. However, the records were from another Alien File assigned to Ghinis, not the one he was looking for. Ghinis then filed suit.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Citizenship and Immigration Services (USCIS)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-091COMPLAINT against All Defendants (Filing fee $ 402 receipt number AFLMDC-18910735) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Summons USCIS, # 3 Proposed Summons Attorney General, # 4 Proposed Summons Secretary of DHS, # 5 Proposed Summons USCIS Director, # 6 Proposed Summons USAMDFL)(Devore, Jeffrey) (Entered: 11/09/2021)
2021-11-102NEW CASE ASSIGNED to Judge John Antoon II and Magistrate Judge Philip R. Lammens. New case number: 5:21-cv-554-JA-PRL. (MLJ) (Entered: 11/10/2021)
2021-11-103INITIAL CASE ORDER - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Counsel have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge John Antoon II on 11/10/2021. (copies mailed/emailed)(AKC) (Entered: 11/10/2021)
2021-11-154CERTIFICATE of interested persons and corporate disclosure statement by Gilbert G Ghinis. (Devore, Jeffrey) (Entered: 11/15/2021)
2021-11-165SUMMONS issued as to United States Citizenship and Immigration Services (USCIS), U.S. Attorney, Merrick B. Garland, U.S. Attorney General, Ur. M. Jaddou, Director United States Citizenship and Immigration Services, and Alejandro N. Mayorkas, Secretary, United States Department of Homeland Security. (LAB) (Entered: 11/16/2021)
2021-12-276ANSWER and affirmative defenses to 1 Complaint by United States Citizenship and Immigration Services (USCIS).(Posteraro, Julie) (Entered: 12/27/2021)
2021-12-287INITIAL CASE ORDER for Defendant - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Counsel have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge John Antoon II on 12/28/2021. (copies mailed/emailed)(AKC) (Entered: 12/28/2021)
2022-01-108CERTIFICATE of interested persons and corporate disclosure statement by United States Citizenship and Immigration Services (USCIS). (Posteraro, Julie) (Entered: 01/10/2022)
2022-03-219ORDER directing the parties to file their case management report within 7 days from the date of this order. Signed by Judge John Antoon II on 3/21/2022. (copies mailed/emailed)(AKC) (Entered: 03/21/2022)
2022-03-2810CASE MANAGEMENT REPORT. (Devore, Jeffrey) (Entered: 03/28/2022)
2022-04-1211SCHEDULING ORDER: Defendant's deadline to file a Motion to Summary Judgment by 5/27/22; Plaintiff's Response to Defendant's Motion and Cross Motion for Summary Judgment by 6/30/22; Defendant's Reply to Plaintiff's Response and Response to Cross Motion for Summary Judgment by 7/15/22; Plaintiff's Reply to Defendant's Response to Plaintiff's Cross Motion for Summary Judgment by 8/5/22. Signed by Judge John Antoon II on 4/12/2022. (AKC) (Entered: 04/12/2022)
2022-05-2412Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by All Defendants. (Posteraro, Julie) (Entered: 05/24/2022)
2022-05-2513ORDER granting 12 Defendant's Unopposed Motion for Extension of Time; Defendant may file a motion for summary judgment on or before June 3, 2022, and Plaintiff may respond and file a cross-motion on or before July 7, 2022. Signed by Judge John Antoon II on 5/25/2022. (BRS) (Entered: 05/25/2022)
2022-06-0314MOTION for Summary Judgment by United States Citizenship and Immigration Services (USCIS). (Attachments: # 1 Exhibit A)(Posteraro, Julie) (Entered: 06/03/2022)
2022-07-0715MOTION for Summary Judgment , Memorandum of Law, and Response to Defendant's Motion For Summary Judgment by All Plaintiffs. (Devore, Jeffrey) (Entered: 07/07/2022)
2022-07-1516RESPONSE to Motion re 15 MOTION for Summary Judgment , Memorandum of Law, and Response to Defendant's Motion For Summary Judgment filed by United States Citizenship and Immigration Services (USCIS). (Posteraro, Julie) (Entered: 07/15/2022)
2022-08-0217REPLY to Response to Motion re 15 MOTION for Summary Judgment, filed by Gilbert G Ghinis. (Devore, Jeffrey) Modified on 8/3/2022 (LMF). (Entered: 08/02/2022)
2023-01-2318ORDER REFERRING CASE to Magistrate Judge Philip Lammens to conduct a settlement conference. Signed by Judge John Antoon II on 1/23/2023. (KM) (Entered: 01/23/2023)
2023-01-2319ORDER regarding scheduling mediation conference. Signed by Magistrate Judge Philip R. Lammens on 1/23/2023. (MJT) (Entered: 01/23/2023)
2023-01-2620ORDER scheduling mediation conference: Mediation Conference set for 3/2/2023 at 09:00 AM in Ocala Courtroom 1 A before Magistrate Judge Philip R. Lammens. Signed by Magistrate Judge Philip R. Lammens on 1/26/2023. (MJT) (Entered: 01/26/2023)
2023-01-2721MOTION to Amend 1 Complaint, by Gilbert G Ghinis. (Attachments: # 1 Exhibit Proposed First Amended Complaint)(Devore, Jeffrey) (Entered: 01/27/2023)
2023-02-1022RESPONSE in Opposition re 21 MOTION to Amend 1 Complaint, filed by United States Citizenship and Immigration Services (USCIS). (Posteraro, Julie) (Entered: 02/10/2023)
2023-02-1323ORDER re 22 Response to Plaintiff's Motion for Leave to Amend. Plaintiff shall file a status report on or before February 20, 2023. Signed by Judge John Antoon II on 2/13/2023. (EK) (Entered: 02/13/2023)
2023-02-1724NOTICE of WITHDRAWAL of motion re 21 Motion to Amend / Correct / Modify / Supplement filed by Gilbert G Ghinis by Gilbert G Ghinis (Devore, Jeffrey) (Entered: 02/17/2023)
2023-02-1725STATUS report by Gilbert G Ghinis. (Devore, Jeffrey) (Entered: 02/17/2023)
2023-02-1726ORDER directing the Clerk to terminate 21 MOTION for Leave to Amend in light of 24 Notice of Withdrawal of Motion. Signed by Judge John Antoon II on 2/17/2023. (EK) (Entered: 02/17/2023)
2023-03-0227Minute Entry. In Person Proceedings held before Magistrate Judge Philip R. Lammens: SETTLEMENT CONFERENCE held on 3/2/2023. (No Recording Per Judge) (MJT) (Entered: 03/02/2023)
2023-03-0228Settlement Report: The parties have reached an impasse. Signed by Magistrate Judge Philip R. Lammens on 03/02/2023.(MJT) (Entered: 03/03/2023)
2023-03-2229ORDER denying without prejudice 14 Motion for Summary Judgment; denying without prejudice 15 Motion for Summary Judgment. Signed by Judge John Antoon II on 3/22/2023. (EK) (Entered: 03/22/2023)
2023-06-0630NOTICE of hearing: Telephonic Status Conference set for 6/14/2023 at 11:00 AM in Orlando Courtroom 6 B before Judge John Antoon II. Counsel shall call 1-888-684-8852, access code 4135515, password 061423 at least five minutes prior and wait for the host to start the call.(KM) (Entered: 06/06/2023)
2023-06-0731NOTICE OF RESCHEDULING HEARING: The Status Conference hearing previously scheduled for 6/14/2023 is rescheduled. New scheduling date and time: Status Conference set for 6/13/2023 at 10:00 AM in Orlando Courtroom 6 B before Judge John Antoon II. Counsel shall call 1-888-684-8852, access code 4135515, password 061323 at least five minutes prior and wait for the host to start the call.(KM) (Entered: 06/07/2023)
2023-06-0932MOTION for Miscellaneous Relief, specifically For Leave to File a Renewed Motion for Summary Judgment by United States Citizenship and Immigration Services (USCIS). (Posteraro, Julie) (Entered: 06/09/2023)
2023-06-1233MOTION for Reconsideration re 29 Order on Motion for Summary Judgment, by Gilbert G Ghinis. (Devore, Jeffrey) (Entered: 06/12/2023)
2023-06-1334Minute Entry. Telephonic Proceedings held before Judge John Antoon II: STATUS CONFERENCE held on 6/13/2023. Court Reporter: Koretta Stanford (KM) (Entered: 06/13/2023)
2023-06-2635RESPONSE in Opposition re 33 MOTION for Reconsideration re 29 Order on Motion for Summary Judgment, filed by United States Citizenship and Immigration Services (USCIS). (Posteraro, Julie) (Entered: 06/26/2023)
2023-06-2736NOTICE of hearing: Status Conference (re Settlement Conference) set for 6/29/2023 at 10:00 AM via Zoom Video Conference before Magistrate Judge Philip R. Lammens. (Counsel will receive the zoom invite via separate email. )(MJT) (Entered: 06/27/2023)
2023-06-2737STATUS report by United States Citizenship and Immigration Services (USCIS). (Posteraro, Julie) (Entered: 06/27/2023)
2023-06-2938Minute Entry. Virtual Proceedings held before Magistrate Judge Philip R. Lammens: STATUS CONFERENCE held on 6/29/2023. (DIGITAL (Zoom)) (MJT) (Entered: 06/29/2023)
2023-06-2940NOTICE of hearing re: 38 MINUTES - Status Conference : Settlement Conference set for 8/1/2023 at 09:30 AM in Ocala Courtroom 1 A before Magistrate Judge Philip R. Lammens.(MJT) (Entered: 06/29/2023)
2023-07-3141NOTICE canceling Settlement Conference: The attorney for the Government, who conferred with the attorney for the Plaintiff, requested that the settlement conference scheduled for August 1, 2023 be postponed and rescheduled, if necessary, at a later date. (MJT) (Entered: 07/31/2023)
2023-08-0742ORDER denying 33 Motion for Reconsideration and denying without prejudice 32 Motion for Leave to File Renewed Motion for Summary Judgment. Signed by Judge John Antoon II on 8/7/2023. (EK) (Entered: 08/07/2023)
2023-09-1543NOTICE of settlement by Gilbert G Ghinis (Devore, Jeffrey) (Entered: 09/15/2023)
2023-09-1544ORDER dismissing case re 43 Notice of Settlement and directing the Clerk to close the case. Signed by Judge John Antoon II on 9/15/2023. (EK) (Entered: 09/15/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar