Paez-Basto et al v. Acting Secretary, Department of Homeland Security et al

Filing 29

ORDER regarding jurisdictional issues. Signed by Judge Gregory A. Presnell on 5/27/2014. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MARTHA PAEZ-BASTO and
MASSIMILIANO CENTANNI,
Plaintiffs,
v.

Case No: 6:13-cv-1955-Orl-31TBS

ACTING SECRETARY, DEPARTMENT
OF HOMELAND SECURITY,
DIRECTOR, CITIZENSHIP AND
IMMIGRATION SERVICES, DISTRICT
DIRECTOR, CITIZENSHIP AND
IMMIGRATION SERVICES, TAMPA,
FLORIDA, FIELD OFFICE DIRECTOR,
CITIZENSHIP AND IMMIGRATION
SERVICES, ORLANDO, FLORIDA and
UNITED STATES ATTORNEY’S
OFFICE FOR THE MIDDLE DISTRICT
OF FLORIDA,
Defendants.

ORDER
This matter comes before the Court on the Motion to Dismiss for Lack of Jurisdiction
(Doc. 25) filed by the Defendants. The Defendants argue, and the Plaintiffs appear to concede,
that the appeal of the denial of Plaintiff Martha Paez-Basto’s I-130 Petition stripped this Court of
subject matter jurisdiction. Subsequently, Paez-Basto sought to withdraw the appeal; however
the record does not reflect whether the attempt was successful.

Accordingly, on or before May 30, 2014, counsel for Paez-Basto shall file a notice
indicating whether the appeal was successfully withdrawn. Assuming that it was, the Court will
then consider the schedule for resolving the Plaintiffs’ Motion for Summary Judgment (Doc. 23). 1
DONE and ORDERED in Chambers, Orlando, Florida on May 27, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Party

1

If any Defendant believes that the withdrawal of the appeal is not sufficient to cure the
lack of jurisdiction, it shall promptly notify the Court and file a memorandum of law in support.

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