Kurapati et al v. United States Citizenship and Immigration Service et al

Filing 68

ORDER: The Report and Recommendation 65 of the Magistrate Judge is adopted, confirmed, and approved in all respects. Plaintiffs' Motion for Summary Judgment 55 is GRANTED. Sunil Kumar Kurapati's I-140 petitions and Sunil Kumar Ku rapati and Bharathi Mallidi's I-485 petitions shall be immediately reinstated. Defendant's Opposition to Plaintiffs' Motion for Summary Judgment and Cross-Motion for Summary Judgment 57 is DENIED. Plaintiffs' Motion for Prelim inary Injunction 45 is DENIED as moot. The Clerk of Court is directed to CLOSE this case. The Court reserves jurisdiction to the extent that further action is needed from this Court related to the reinstatement of the petitions. Any motion for attorney's fees and costs shall be filed within twenty-one (21) days of this Order. Signed by Judge James S. Moody, Jr on 6/15/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SUNIL KUMAR KURAPATI and
BHARATHI MALLIDI,
Plaintiffs,
v.

Case No: 8:13-cv-68-T-30AEP

UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICE, JANET
NAPOLITANO, ERIC HOLDER,
ALEJANDRO MAYORKAS, PERRY
RHEW, MARK HAZUDA and ROBERT
S. MUELLER, III ,
Defendants.

ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Anthony E. Porcelli (Dkt. #65) and the Objections (Dkt.
#66, #67) filed thereto.
After careful consideration of the Report and Recommendation of the Magistrate
Judge, the Objections, and in conjunction with an independent examination of the file, the
Court is of the opinion that the Magistrate Judge’s Report and Recommendation should be
adopted, confirmed, and approved in all respects.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:

1.

The Report and Recommendation (Dkt. #65) of the Magistrate Judge is

adopted, confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.
2.

Plaintiffs’ Motion for Summary Judgment (Dkt. #55) is GRANTED.

3.

Sunil Kumar Kurapati’s I-140 petitions and Sunil Kumar Kurapati and

Bharathi Mallidi’s I-485 petitions shall be immediately reinstated.
4.

Defendant’s Opposition to Plaintiffs’ Motion for Summary Judgment and

Cross-Motion for Summary Judgment (Dkt. #57) is DENIED.
5.

Plaintiffs’ Motion for Preliminary Injunction (Dkt. #45) is DENIED as moot.

6.

The Clerk of Court is directed to CLOSE this case.

7.

The Court reserves jurisdiction to the extent that further action is needed

from this Court related to the reinstatement of the petitions.
8.

Any motion for attorney’s fees and costs shall be filed within twenty-one

(21) days of this Order.
DONE and ORDERED in Tampa, Florida, this 15th day of June, 2016.

Copies Furnished To:
Counsel/Parties of Record
S:\Even\2013\13-cv-68 adopt 65.docx

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