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Case Titlede Wit et al v. United States Customs and Border Protection et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2024cv22386
Date Filed2024-06-20
Date Closed2025-01-09
JudgeJudge Beth Bloom
PlaintiffJose Carlos de Wit
PlaintiffDe Wit Immigration Law, P.A.
Case DescriptionJuan Carlos de Wit and De Wit Immigration Law submitted a FOIA request to U.S. Customs and Border Protection for records concerning why their clients Felipe Hayvard and Angela Rosselet, Chilean nationals who lived in Florida, were barred from re-entering the United States after they had to return to Chile because of a family death. The agency acknowledged receipt of the request but after hearing nothing further from the agency, De Wit filed suit
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Customs and Border Protection
DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-06-201COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17621127, filed by Jose Carlos de Wit, De Wit Immigration Law, P.A.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) Summons as to US Attorney General, # 3 Summon(s) Summons as to US Customs and Border Protection, # 4 Summon(s) Summons as to US Department of Homeland Security, # 5 Summon(s) Summons as to US Attorney's Office, # 6 Exhibit Exhibit A)(Urman, Galina) (Entered: 06/20/2024)
2024-06-202Clerks Notice of Judge Assignment to Judge Beth Bloom. 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. (jas) (Entered: 06/21/2024)
2024-06-213Summons Issued as to United States Customs and Border Protection, United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General. (jas) (Entered: 06/21/2024)
2024-06-214ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES: Within twenty-one (21) days of an appearance by a Defendant in this case, the parties are directed to prepare and file a joint scheduling report, as required by Local Rule 16.1. Signed by Judge Beth Bloom on 6/21/2024. See attached document for full details. (scn) (Entered: 06/21/2024)
2024-07-125SUMMONS (Affidavit) Returned Executed by Jose Carlos de Wit, De Wit Immigration Law, P.A.. All Defendants. (Urman, Galina) (Entered: 07/12/2024)
2024-07-196Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by United States Customs and Border Protection, United States Department of Homeland Security. Attorney Carlos Javier Raurell added to party United States Customs and Border Protection(pty:dft), Attorney Carlos Javier Raurell added to party United States Department of Homeland Security(pty:dft). (Raurell, Carlos) (Entered: 07/19/2024)
2024-07-197PAPERLESS ORDER granting ECF No. 6 Unopposed Motion for Extension of Time to Respond to Complaint. Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection must file their Response to the Complaint on or before August 28, 2024. Signed by Judge Beth Bloom (ab04) (Entered: 07/19/2024)
2024-07-19Set/Reset Response/Answer Due Deadline per DE 7 : United States Customs and Border Protection response/answer due 8/28/2024; United States Department of Homeland Security response/answer due 8/28/2024. (pcs) (Entered: 07/19/2024)
2024-08-278Second MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by United States Customs and Border Protection, United States Department of Homeland Security. (Raurell, Carlos) (Entered: 08/27/2024)
2024-08-279PAPERLESS ORDER granting 8 Motion for Extension of Time to File Response to Complaint by September 27, 2024. Signed by Judge Beth Bloom (BB) (Entered: 08/27/2024)
2024-09-2510Third MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by United States Customs and Border Protection, United States Department of Homeland Security. (Raurell, Carlos) (Entered: 09/25/2024)
2024-09-2511PAPERLESS ORDER denying 10 Motion for Extension of Time to File Response for failure to comply with Local Rule 7.1(a)(3). Signed by Judge Beth Bloom (BB) (Entered: 09/25/2024)
2024-09-2512Third MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by United States Customs and Border Protection, United States Department of Homeland Security. (Raurell, Carlos) (Entered: 09/25/2024)
2024-09-2513PAPERLESS ORDER granting Defendants' Unopposed Third Motion for Extension of Time To Respond to Complaint, ECF No. 12 . Defendants shall respond to the Complaint no later than October 28, 2024. Signed by Judge Beth Bloom (jkk) (Entered: 09/25/2024)
2024-09-2614ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRINGMEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 11/25/2024., Discovery due by 6/10/2025., Expert Discovery due by 6/10/2025., Joinder of Parties due by 11/25/2024., Mediation Deadline 6/24/2025., In Limine Motions due by 9/22/2025., Dispositive Motions due by 7/2/2025., Motions due by 7/2/2025., Pretrial Stipulation due by 9/22/2025., Jury Trial set for 10/6/2025 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 9/30/2025 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Magistrate Judge Marty Fulgueira Elfenbein for Discovery Matters. Signed by Judge Beth Bloom on 9/26/2024. See attached document for full details. (pcs) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 09/26/2024)
2024-09-2615ORDER SETTING DISCOVERY STATUS CONFERENCE: (Status Conference Re: Discovery Matters set for 4/28/2025 11:00 AM before Magistrate Judge Marty Fulgueira Elfenbein, Joint Discovery Status Report due by 4/21/2025.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/26/2024. See attached document for full details. (pcs) (Entered: 09/27/2024)
2024-09-2616ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/26/2024. See attached document for full details. (pcs) (Entered: 09/27/2024)
2024-10-2117ORDER TO SHOW CAUSE Show Cause Response due by 10/28/2024. Signed by Judge Beth Bloom on 10/21/2024. See attached document for full details. (pcs) (Entered: 10/21/2024)
2024-10-2818Defendants' ANSWER to Complaint by United States Customs and Border Protection, United States Department of Homeland Security. (Raurell, Carlos) (Entered: 10/28/2024)
2024-10-2819Joint NOTICE of Proposed Order Scheduling Mediation by De Wit Immigration Law, P.A., Jose Carlos de Wit (Attachments: # 1 Text of Proposed Order Proposed Order Scheduling Mediation) (Urman, Galina) (Entered: 10/28/2024)
2024-10-2920ORDER Scheduling Mediation before Mediator Thomas E. Glick. Mediation Hearing set for 1/27/2025 at 10:00 a.m. Signed by Judge Beth Bloom on 10/29/2024. See attached document for full details. (pcs) (Entered: 10/29/2024)
2025-01-0921NOTICE of Voluntary Dismissal by De Wit Immigration Law, P.A., Jose Carlos de Wit (Urman, Galina) (Entered: 01/09/2025)
2025-01-0922ORDER OF DISMISSAL WITH PREJUDICE / Closing Case. Signed by Judge Beth Bloom on 1/9/2025. See attached document for full details. (pcs) (Entered: 01/09/2025)
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by FOIA Project Staff
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