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Case TitleLotero-Diaz v. U.S. Citizenship and Immigration Services et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2020cv21487
Date Filed2020-04-08
Date Closed2020-06-25
JudgeJudge Federico A. Moreno
PlaintiffGloria Lotero-Diaz
Case DescriptionGloria Lotero-Diaz submitted a FOIA request to U.S. Citizenship and Immigration Services for her Alien file. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lotero-Diaz filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Citizenship and Immigration Services a federal agency
DefendantJill A. Eggleston in her official capacity as the Director of USCIS FOIA Operations
DefendantKurt G. Vicha in his official capacity as Field Office Director for the Miami Field Office of USCIS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [19]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-04-081COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12712894, filed by Gloria Lotero-Diaz. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) USCIS, # 3 Summon(s) Eggleston, # 4 Summon(s) Vicha, # 5 Summon(s) US Attorney's Office, # 6 Summon(s) US Attorney General)(Militello, Ross) (Entered: 04/08/2020)
2020-04-082Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (pcs) (Entered: 04/08/2020)
2020-04-083Summons Issued as to Jill A. Eggleston, U.S. Citizenship and Immigration Services, Kurt G. Vicha, U.S. Attorney and U.S. Attorney General (pcs) (Entered: 04/08/2020)
2020-04-084NOTICE of Change of Address by Ross Anthony Militello (Militello, Ross) (Entered: 04/08/2020)
2020-04-085CLERK'S NOTICE - Attorney Admissions has updated the primary email address for attorney Ross Anthony Militello re 4 Notice of Change of Address. (cw) (Entered: 04/08/2020)
2020-04-146SUMMONS (Affidavit) Returned Executed by Gloria Lotero-Diaz. Jill A. Eggleston served on 4/10/2020, answer due 6/9/2020; U.S. Citizenship and Immigration Services served on 4/10/2020, answer due 6/9/2020; Kurt G. Vicha served on 4/10/2020, answer due 6/9/2020. (Attachments: # 1 Proof of Delivery USAO, # 2 Proof of Delivery US AG, # 3 Proof of Delivery Defendants)(Militello, Ross) (Entered: 04/14/2020)
2020-04-147SUMMONS (Affidavit) Returned Executed U.S. Attorney General served on 4/13/2020, answer due 6/12/2020. see DE 6 for image (cbr) (Entered: 04/15/2020)
2020-04-148SUMMONS (Affidavit) Returned Executed U.S. Attorney served on 4/11/2020, answer due 6/10/2020. see DE 6 for image (cbr) (Entered: 04/15/2020)
2020-04-149Clerks Notice to Filer re 6 Summons Returned Executed as to USA,. Incorrect Service Date Entered ; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see 7 8 . It is not necessary to refile this document. (cbr) (Entered: 04/15/2020)
2020-04-2110NOTICE of Attorney Appearance by Ana Maria I Candela on behalf of Gloria Lotero-Diaz. Attorney Ana Maria I Candela added to party Gloria Lotero-Diaz(pty:pla). (Candela, Ana) (Entered: 04/21/2020)
2020-05-0311Plaintiff's MOTION for Preliminary Injunction by Gloria Lotero-Diaz. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J)(Militello, Ross) (Entered: 05/03/2020)
2020-05-1312Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, 11 Plaintiff's MOTION for Preliminary Injunction by Jill A. Eggleston, U.S. Citizenship and Immigration Services, Kurt G. Vicha. Attorney Carlos Javier Raurell added to party Jill A. Eggleston(pty:dft), Attorney Carlos Javier Raurell added to party U.S. Citizenship and Immigration Services(pty:dft), Attorney Carlos Javier Raurell added to party Kurt G. Vicha(pty:dft). (Raurell, Carlos) (Entered: 05/13/2020)
2020-05-1413PAPERLESS ORDER granting 12 Defendants' Motion for 7-Day Extension of Time to Respond to Plaintiffs' Complaint and Motion for Preliminary Injunction. Defendants must, no later than May 20, 2020, answer or respond to 1 Plaintiff's Complaint for Injunctive, Declaratory, and Mandamus Relief. And Defendants must respond, no later than May 25, 2020, to 11 Plaintiff's Expedited Motion for Preliminary Injunction. Signed by Judge Federico A. Moreno on 5/14/2020. (km02) (Entered: 05/14/2020)
2020-05-2014Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, by Jill A. Eggleston, U.S. Citizenship and Immigration Services, Kurt G. Vicha. Responses due by 6/3/2020 (Attachments: # 1 Exhibit Eggleston Declaration, # 2 Exhibit Ex to Eggleston Decl. (FOIA Response Letter dtd May 8), # 3 Exhibit USCIS Letter Extending NOID deadline)(Raurell, Carlos) (Entered: 05/20/2020)
2020-06-0215Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 14 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, by Gloria Lotero-Diaz. (Militello, Ross) (Entered: 06/02/2020)
2020-06-0316PAPERLESS ORDER granting 15 Plaintiff's Unopposed Motion for Extension of June 3, 2020 Deadline to Respond to Defendants' Motion to Dismiss. Plaintff must respond to 14 Defendants' Motion to Dismiss Plaintiff's Complaint as Moot no later than June 17, 2020. Signed by Judge Federico A. Moreno on 6/3/2020. (km02) (Entered: 06/03/2020)
2020-06-1417RESPONSE in Opposition re 14 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, filed by Gloria Lotero-Diaz. Replies due by 6/22/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Militello, Ross) (Entered: 06/14/2020)
2020-06-2218REPLY to Response to Motion re 14 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, filed by Jill A. Eggleston, U.S. Citizenship and Immigration Services, Kurt G. Vicha. (Raurell, Carlos) (Entered: 06/22/2020)
2020-06-2519ORDER granting 14 Defendants' Motion to Dismiss Plaintiff's Complaint as Moot; denying as moot 11 Plaintiff's Expedited Motion for Preliminary Injunction. All claims are DISMISSED. The Clerk is directed to CLOSE the case. Signed by Judge Federico A. Moreno on 6/25/2020. See attached document for full details. (km02) (Entered: 06/25/2020)
2020-06-25Civil Case Terminated following 19 ORDER granting 14 Defendants' Motion to Dismiss Plaintiff's Complaint as Moot. Closing Case. (km02) (Entered: 06/25/2020)
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by FOIA Project Staff
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