Southern District of Florida • 1:26-cv-20489

#1

Jan 26, 2026

COMPLAINT to Revoke Naturalization against Luis Miguel Fernandez. Filing fees $ 405.00. USA Filer - No Filing Fee Required, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) in a Civil Action to Revoke Naturalization, # 3 Exhibit A - Affidavit of Good Cause, # 4 Exhibit B - Peruvian Passport, # 5 Exhibit C - School of Americas Records, # 6 Exhibit D - Petition, Third Criminal Court of Huancayo, Peru, # 7 Exhibit E - Adjustment Application, # 8 Exhibit F - Naturalization Application, # 9 Exhibit G - Naturalization Certificate)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Liggett, Troy) (Entered: 01/26/2026)

#2

Jan 26, 2026

Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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. (scn) (Entered: 01/26/2026)

#3

Jan 26, 2026

Clerk's Notice to Filer re: Summons will not be issued. The number of days to respond to the Summons is incorrect. Filer may file a Notice of Filing Proposed Summons with the corrected summons attached. (scn) (Entered: 01/26/2026)

Jan 26, 2026

Clerk's Notice to Filer - ELECTRONIC CASE, SUMMONS(ES)

Jan 26, 2026

Clerk's Notice of Judge Assignment and Optional Consent

#4

Jan 27, 2026

PAPERLESS ORDER REFERRING CASE. 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 hereby referred to Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 1/27/2026. (hyn) (Entered: 01/27/2026)

#5

Jan 27, 2026

Summons Issued as to Luis Miguel Fernandez. (pc) (Entered: 01/27/2026)

Jan 27, 2026

Order Referring Case to Magistrate Judge

#6

Mar 03, 2026

WAIVER OF SERVICE Returned Executed by United States of America. Luis Miguel Fernandez waiver sent on 3/2/2026, response/answer due 5/1/2026. (Liggett, Troy) (Entered: 03/03/2026)

#7

Apr 23, 2026

Notice of Attorney Appearance

#8

Apr 24, 2026

Extension of Time

#9

Apr 24, 2026

PAPERLESS ORDER. THIS CAUSE is before the Court on Defendant's Unopposed Motion for Extension of Time to Respond to Complaint (the "Motion"), ECF No. 8 . In the Motion, Defendant explains that his response to the Complaint is currently due on May 1, 2026 and his counsel has two back-to-back trials scheduled this month. See ECF No. 8 . Defendant further states that he "is an elderly individual who does not speak English," so his "counsel must translate the Complaint to Spanish and review each allegation with him in order to properly respond." See ECF No. 8 . For that reason, Defendant requests a 30-day extension of time, which the Government does not oppose. Based on the Court's review of the unopposed Motion, the Court finds good cause for a 20-day extension of time. Accordingly, Defendant's Motion, ECF No. 8, is GRANTED in part and DENIED in part. Defendant shall file his response to the Complaint no later than May 21, 2026. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/24/2026. (MFE) (Entered: 04/24/2026)

Apr 24, 2026

Order on Motion for Extension of Time

Apr 27, 2026

~Util - Set/Reset Response/Answer Due Deadline

Apr 27, 2026

Reset Answer Due Deadline: Luis Miguel Fernandez response/answer due 5/21/2026. Per DE 9 . (cqs)

#10

May 15, 2026

ANSWER and Affirmative Defenses to Complaint by Luis Miguel Fernandez. (Diaz, Richard) (Entered: 05/15/2026)

#11

May 19, 2026

PAPERLESS PRETRIAL ORDER. S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a joint scheduling conference. Counsel shall file a joint scheduling report within ten (10) days of this Order's entry. Failure of counsel to file a joint scheduling report within the deadline set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. 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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.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 Judge K. Michael Moore on 5/19/2026. (hyn) (Entered: 05/19/2026)

May 19, 2026

Pretrial Order

#12

May 29, 2026

Joint SCHEDULING REPORT - Rule 16.1 by United States of America (Liggett, Troy) (Entered: 05/29/2026)

#13

May 29, 2026

Joint MOTION to Stay Discovery by United States of America. Responses due by 6/12/2026. (Attachments: # 1 Text of Proposed Order)(Liggett, Troy) (Entered: 05/29/2026)

#14

Jun 01, 2026

PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion to Stay Discovery. 13 . Therein, the Parties request that the Court stay discovery and hold off on issuing a scheduling order until after the Court decides Plaintiff's forthcoming motion for judgment on the pleadings. Id. at 1. Plaintiff intends to file its motion for judgment on the pleadings by June 10, 2026. Id. at 2. The Parties "agreed that it would not be prudent to begin discovery until the Court decides the motion for judgment on the pleadings." Id. Rather than stay discovery, the Court agrees with the Parties that the most appropriate course of action is to hold off on issuing a scheduling order until the Court has decided the motion for judgment on the pleadings. Id. Accordingly, UPON CONSIDERATION of the Joint Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that the Parties' Motion 13 is GRANTED IN PART. The Court will not issue a scheduling order at this time. Plaintiff shall file its motion for judgment on the pleadings on or before June 10, 2026. Defendant shall respond to the motion on or before June 24, 2026. Plaintiff may then reply in support of its motion or on before June 30, 2026. If the above-captioned case is not resolved by the Court's order on the motion for judgment on the pleadings, the Parties will then have seven (7) days to meet, confer, and file an amended joint scheduling report. Signed by Judge K. Michael Moore on 6/1/2026. (hyn) (Entered: 06/01/2026)

Jun 01, 2026

Order on Motion to Stay

#15

Jun 10, 2026

MOTION for Judgment on the Pleadings by United States of America. Responses due by 6/24/2026. (Attachments: # 1 Text of Proposed Order)(Liggett, Troy) (Entered: 06/10/2026)

#16

Jun 12, 2026

RESPONSE in Opposition re 15 MOTION for Judgment on the Pleadings filed by Luis Miguel Fernandez. Replies due by 6/22/2026. (Diaz, Richard) (Entered: 06/12/2026)

#17

Jun 30, 2026

REPLY in Support of Motion re 15 MOTION for Judgment on the Pleadings . filed by United States of America. (Liggett, Troy) (Entered: 06/30/2026)

#18

Jul 14, 2026

ORDER TO SHOW CAUSE why the Court should not Strike 17 Reply in Support of Motion. Show Cause Response due by 7/17/2026. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/14/2026. See attached document for full details. (ls) (Entered: 07/14/2026)

#19

Jul 15, 2026

RESPONSE TO ORDER TO SHOW CAUSE re 18 Order to Show Cause, by United States of America. (Liggett, Troy) (Entered: 07/15/2026)

#20

Jul 16, 2026

PAPERLESS ORDER. THIS CAUSE is before the Court on Plaintiff United States of America's Response to Order to Show Cause (the "Response"), ECF No. 19 . On July 14, 2026, the Court entered an Order to Show Cause directing Plaintiff to show cause as to why Plaintiff's Reply in Support of Motion for Judgment on the Pleadings (the "Reply"), ECF No. 17, should not be stricken from the record for being untimely under the Local Rules. See ECF No. 18 . In the Response, Plaintiff indicates that the Reply was timely pursuant to the Court's Order regarding the Parties' Joint Motion to Stay Discovery, wherein the Reply was set to be due on or before June 30, 2026. See id.; see also ECF No. 14 . Accordingly, the Order to Show Cause, ECF No. 18, is DISCHARGED. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/16/2026. (MFE) (Entered: 07/16/2026)

Jul 16, 2026

- Order (PAPERLESS or pdf attached)

#21

Sep 29, 2026

Notice of Ninety Days Expiring

Oct 02, 2026

Case Referred to Magistrate Judge