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Case TitleBaptiste v. U.S. Immigration and Customs Enforcement et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2015cv21660
Date Filed2015-05-01
Date Closed2015-06-22
JudgeChief Judge K. Michael Moore
PlaintiffJohn Jean Baptiste
Case DescriptionJames Jean Baptiste submitted a FOIA request to U.S. Citizenship and Immigration Services for his alien file. USCIS disclosed more than 800 pages and withheld 36 pages in full. It also referred records to U.S. Immigration and Customs Enforcement. After ICE failed to respond, Baptiste filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
DefendantCatrina M. Pavlik-Keenan
DefendantU.S. Citizenship & Immigration Services
DefendantJill A. Eggleston
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-05-011COMPLAINT for Violation of Freedom of Information Act against All Defendants. Filing fees $ 400.00. IFP Filed, filed by John Jean Baptiste. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Affidavit Application to Proceed without Prepaying Fees or Costs, # 9 Summon(s) Attorney General, # 10 Summon(s) Defendant Eggleston, # 11 Summon(s) Immigration and Customs Enforcement, # 12 Summon(s) Defendant Pavlik-Keenan, # 13 Summon(s) US Attorney, # 14 Summon(s) Citizenship and Immigration Services, # 15 Text of Proposed Order Order to Proceed without Prepayment)(Newman, JoNel) (Entered: 05/01/2015)
2015-05-012Judge Assignment to Chief Judge K. Michael Moore (ar2) (Entered: 05/01/2015)
2015-05-013Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (ar2) (Entered: 05/01/2015)
2015-05-014MOTION for Leave to Proceed in forma pauperis by John Jean Baptiste. (ar2) (Entered: 05/01/2015)
2015-05-045PAPERLESS 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 120 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. 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 Chief Judge K. Michael Moore on 5/4/2015. (mg00) (Entered: 05/04/2015)
2015-05-046PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE CHRIS M. MCALILEY. 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 referred to United States Magistrate Judge Chris M. McAliley to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Chris M. McAlileys discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge McAliley, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 5/4/2015. (mg00) (Entered: 05/04/2015)
2015-05-047PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Leave to Proceed In Forma Pauperis 4 . Pursuant to 28 U.S.C. § 1915(a), a court may authorize the commencement of any suit without prepayment of fees or security by a person who submits an affidavit that includes a statement of assets that the person possesses and indicates that the person is unable to pay such fees. Here, Plaintiff has demonstrated an inability to pay fees. Therefore, UPON CONSIDERATION of the Motion 4 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for Leave to Proceed In Forma Pauperis 4 is GRANTED. Signed by Chief Judge K. Michael Moore on 5/4/2015. (mg00) (Entered: 05/04/2015)
2015-05-048Summons Issued as to Jill A. Eggleston, Catrina M. Pavlik-Keenan, U.S. Citizenship & Immigration Services, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (ar2) (Entered: 05/04/2015)
2015-05-139ORDER OF RECUSAL. Magistrate Judge Chris M. McAliley recused. Case reassigned to Magistrate Judge Barry L. Garber for all further proceedings Signed by Magistrate Judge Chris M. McAliley on 5/12/2015. (jc) (Entered: 05/13/2015)
2015-05-2710Notice of Court Practice re Discovery Procedures. Signed by Magistrate Judge Barry L. Garber on 5/27/2015. (kee) (Entered: 05/27/2015)
2015-06-0511Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint,, by Jill A. Eggleston, Catrina M. Pavlik-Keenan, U.S. Citizenship & Immigration Services, U.S. Immigration and Customs Enforcement. Attorney Carlos Javier Raurell added to party Jill A. Eggleston(pty:dft), Attorney Carlos Javier Raurell added to party Catrina M. Pavlik-Keenan(pty:dft), Attorney Carlos Javier Raurell added to party U.S. Citizenship & Immigration Services(pty:dft), Attorney Carlos Javier Raurell added to party U.S. Immigration and Customs Enforcement(pty:dft). (Attachments: # 1 Text of Proposed Order)(Raurell, Carlos) (Entered: 06/05/2015)
2015-06-0812PAPERLESS ORDER. THIS CAUSE is before the Court upon Defendants' Motion for Enlargement of Time to Respond to Complaint 11 . Upon consideration of the Motion 11 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants' Motion for Enlargement of Time to Respond to Complaint 11 is GRANTED. Defendants shall respond to Plaintiff's complaint by June 19, 2015. Signed by Chief Judge K. Michael Moore on 6/8/2015. (mg00) (Entered: 06/08/2015)
2015-06-1913Joint MOTION to Stay or Administratively Close Case by U.S. Citizenship & Immigration Services, U.S. Immigration and Customs Enforcement. Responses due by 7/9/2015 (Raurell, Carlos) (Entered: 06/19/2015)
2015-06-2214PAPERLESS ORDER. THIS CAUSE is before the Court on the parties' Joint Motion for Stay or Administrative Closure 13 . 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 Joint Motion for Stay or Administrative Closure 13 is GRANTED. The Clerk of the Court is directed to CLOSE THIS CASE. If any further legal dispute regarding the underlying FOIA request remains unresolved by the parties, Plaintiff may move to reopen this case within 180 days of this order. Signed by Chief Judge K. Michael Moore on 6/22/2015. (mg00) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 06/22/2015)
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by FOIA Project Staff
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