Case: Lopez v. Ezell

3:88-cv-01825 | U.S. District Court for the Southern District of California

Filed Date: Nov. 30, 1988

Closed Date: 1992

Clearinghouse coding complete

Case Summary

On November 30, 1988, alien workers who had applied for special status under the Special Agricultural Workers (SAW) legalization program created by the Immigration and Nationality Act, 8 U.S.C. § 1160 et seq., filed suit in the U.S. District Court for the Southern District of California to enjoin federal border agents from detaining and questioning them with regard to their underlying applications. Plaintiffs were represented by attorneys with the California Rural Legal Assistance, the ACLU F…

On November 30, 1988, alien workers who had applied for special status under the Special Agricultural Workers (SAW) legalization program created by the Immigration and Nationality Act, 8 U.S.C. § 1160 et seq., filed suit in the U.S. District Court for the Southern District of California to enjoin federal border agents from detaining and questioning them with regard to their underlying applications. Plaintiffs were represented by attorneys with the California Rural Legal Assistance, the ACLU Foundation of San Diego and Imperial Counties Inc. and private counsel.

The SAW program allowed undocumented alien farmworkers to attain temporary and then permanent resident status under certain circumstances. Once applicants filed a complete SAW application, were interviewed by an INS legalization officer, and had their application accepted, they were issued an "I-688A" document authorizing employment and travel abroad pending final approval of their application. Applicants that filed preliminary applications for SAW status at the ports of entry and were interviewed received an "I-94" document, endorsed as "S-9", authorizing employment and temporary admission into the U.S. to enable them to gather information and documents in support of a full SAW application. Plaintiffs challenged treatment of aliens who possessed either I-688A documents or I-94 documents.

Plaintiffs moved for a preliminary injunction to enjoin border agents and non-legalization INS officers from: 1) detaining SAW applicants and confiscating their I-688A and I-94 documents at or near the U.S./Mexican border; 2) questioning applicants with regards to alleged fraud in the underlying application; and 3) permitting applicants to enter only under a "parole" status. Plaintiffs also requested class certification.

On May 1, 1989, the parties entered into a Stipulated Consent Order which resolved all issues, except plaintiffs' request that border agents be prohibited from questioning applicants about their SAW applications. Plaintiffs maintained that as the information submitted in a SAW application was deemed confidential by statute, agents should not be permitted to question applicants about it. The District Court (Judge J. L. Irving) refused to grant an injunction on that issue. Lopez v. Ezell,716 F.Supp. 443 S.D.Cal.,1989.

Defendants' moved to dismiss the remaining unresolved claim. That motion was denied by order dated May 14, 1990. The District Court referred the case to Magistrate Judge Barry T. Moskowitz to supervise discovery.

On May 30, 1991, the parties settled the remaining claim. Formal court approval of the settlement occurred on September 16, 1991. Defendants subsequently agreed to pay $58,000.00 in attorneys' fees and costs.

On January 27, 1992, District Judge Marilyn L. Huff granted the parties joint motion for voluntary dismissal and the case was terminated.

Summary Authors

Dan Dalton (11/6/2007)

People


Judge(s)

Irving, J. Lawrence (California)

Moskowitz, Barry Ted (California)

Attorneys(s) for Plaintiff

Brigagliano, Christine (California)

Gonzalez, Lydia (California)

Rosenbaum, Stephen A. (California)

Salgado, Susana Teresa (California)

Smith, Claudia E. (California)

Wheeler, Betty (California)

Attorneys(s) for Defendant

Braniff, William (California)

Hamilton, Charles (California)

Judge(s)

Irving, J. Lawrence (California)

Moskowitz, Barry Ted (California)

Attorneys(s) for Plaintiff

Brigagliano, Christine (California)

Gonzalez, Lydia (California)

Rosenbaum, Stephen A. (California)

Salgado, Susana Teresa (California)

Smith, Claudia E. (California)

Wheeler, Betty (California)

Attorneys(s) for Defendant

Braniff, William (California)

Hamilton, Charles (California)

Kline, David J. (District of Columbia)

Neece, John R. (California)

Schwarz [DUP], Norah Ascoli (District of Columbia)

Documents in the Clearinghouse

Document

3:88-cv-01825

Docket [PACER]

Jan. 29, 1992

Jan. 29, 1992

Docket

3:88-cv-01825

Memorandum Decision and Order [Re: Preliminary Injunction]

716 F.Supp. 443

May 11, 1989

May 11, 1989

Order/Opinion

Resources

Docket

Last updated Aug. 5, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
20

Attorney substitution on behalf of Harold Ezell, Steven Martin, Alan Nelson, Richard Thornburgh ; (dkt clerk) (Entered: 06/28/1989)

June 5, 1989

June 5, 1989

21

Attorney substitution on behalf of Harold Ezell, Steven Martin, Alan Nelson, Richard Thornburgh ; t/w dec of svc. S (dkt clerk) (Entered: 08/28/1989)

Aug. 14, 1989

Aug. 14, 1989

22

Notice of motion and Motion by defendant to dismiss [ motion(s) referred to Judge J. L. Irving ] set for 11/13/89 at 10:30. (dkt clerk) (Entered: 09/14/1989)

Sept. 8, 1989

Sept. 8, 1989

23

Memorandum of points and authorities by defendant in support of motion to dismiss [22-1] t/w dec of svc. (dkt clerk) (Entered: 09/14/1989)

Sept. 8, 1989

Sept. 8, 1989

24

Notice of motion and Motion by defendant for protective order , and to stay [ motion(s) referred to Magistrate Barry T. Moskowitz ], set for 9/18/89 at 2:30 t/w dec of svc. (dkt clerk) (Entered: 09/14/1989)

Sept. 11, 1989

Sept. 11, 1989

25

Memorandum of points and authorities by defendant in support of motion to stay [24-2], in support of motion for protective order [24-1] (dkt clerk) Modified on 09/14/1989 (Entered: 09/14/1989)

Sept. 11, 1989

Sept. 11, 1989

26

Notice of motion and Motion by plaintiff to compel production of docs [ motion (s) referred to Magistrate Barry T. Moskowitz ] set for 9/18/89 at 2:00 t/w dec of svc (dkt clerk) (Entered: 09/14/1989)

Sept. 12, 1989

Sept. 12, 1989

27

Memorandum of points and authorities by plaintiff in support of motion to compel production of docs [26-1] t/w dec of svc (dkt clerk) (Entered: 09/14/1989)

Sept. 12, 1989

Sept. 12, 1989

28

Supplement by defendant to motion to stay disc [24-2], and motion for protective order [24-1] t/w dec of svc. (dkt clerk) (Entered: 09/27/1989)

Sept. 13, 1989

Sept. 13, 1989

29

Opposition by defendant to motion to compel production of docs [26-1] t/w dec of svc. (dkt clerk) (Entered: 10/03/1989)

Sept. 15, 1989

Sept. 15, 1989

30

Opposition by plaintiff to motion to stay [24-2], motion for protective order [24- 1] t/w dec of svc. (dkt clerk) (Entered: 10/03/1989)

Sept. 15, 1989

Sept. 15, 1989

31

Minutes: Enter Order by Magistrate Barry T. Moskowitz denying motion to compel production of docs [26-1], granting motion for protective order [24-1] (cc: all counsel) (dkt clerk) (Entered: 10/04/1989)

Sept. 18, 1989

Sept. 18, 1989

32

Notice by plaintiffs of change of address t/w dec of svc. (dkt clerk) (Entered: 11/21/1989)

Oct. 23, 1989

Oct. 23, 1989

33

Stipulation and Order by Judge Earl B. Gilliam : continuing motion to dismiss [22-1] to 10:30 12/18/89 (cc: all counsel) (dkt clerk) (Entered: 11/21/1989)

Oct. 27, 1989

Oct. 27, 1989

34

Minutes: Enter Order by Judge J. L. Irving continuing motion to dismiss [22-1] to 10:30 12/18/89 (cc: all counsel) (dkt clerk) (Entered: 11/27/1989)

Nov. 13, 1989

Nov. 13, 1989

35

Opposition by plaintiff to motion to dismiss [22-1] t/w dec of svc. (dkt clerk) (Entered: 11/28/1989)

Nov. 27, 1989

Nov. 27, 1989

36

Reply by defendant to opposition to motion to dismiss [22-1] t/w dec of svc. (dkt clerk) (Entered: 12/14/1989)

Dec. 11, 1989

Dec. 11, 1989

37

Minutes: Enter Order by Judge J. L. Irving that the motion to dismiss [22-1] is submitted . Court to prepare written memo decision. (dkt clerk) (Entered: 01/03/1990)

Dec. 18, 1989

Dec. 18, 1989

38

Memorandum, Opinion, and Order : by Judge J. L. Irving that pltfs are granted leave to amend their complaint. (cc: all counsel) (dkt clerk) (Entered: 01/22/1990)

Jan. 5, 1990

Jan. 5, 1990

39

First Amended complaint t/w dec of svc. (dkt clerk) (Entered: 02/20/1990)

Feb. 5, 1990

Feb. 5, 1990

40

Answer by defendants t/w dec of svc. (dkt clerk) (Entered: 03/28/1990)

March 23, 1990

March 23, 1990

41

Motion by defendants Juan Amarillas, Marco Antonio Burgueno-Diaz, Jose Cebreros, Ismael Gonzalez-Lopez, Eduardo Lopez, Jose Guadalupe Roa Mosqueda, Francisco Olivera-Yanez, Guillermo Ramirez, Leoquildo Valle, Angelina Vasquez-Valdivia and Castillo-Zaragoza to compel production of docs (resetting) [ motion(s) referred to Magistrate Barry T. Moskowitz ] set for 4/27/90 at 2:30 t/w memo of p/a in support and dec of svc. (dkt clerk) (Entered: 04/03/1990)

March 30, 1990

March 30, 1990

43

Memorandum of points and authorities by defendant in support of motion to dismiss pltfs' first amended complaint with prejudice [42-1] t/w dec of svc. (dkt clerk) (Entered: 04/05/1990)

April 3, 1990

April 3, 1990

44

Notice of motion and Motion by defendants for protective order , and to stay discovery [ motion(s) referred to Magistrate Barry T. Moskowitz ], set for 4/27/90 at 2:30. (dkt clerk) (Entered: 04/06/1990)

April 5, 1990

April 5, 1990

45

Memorandum of points and authorities by defendant in support of motion to stay discovery [44-2] and of motion for protective order [44-1] t/w dec of svc. (dkt clerk) (Entered: 04/06/1990)

April 5, 1990

April 5, 1990

46

Opposition by defendant's Richard Thornburgh, Ben Davidian, Steven Martin and Gene McNary to motion to compel production of docs (resetting) [41-1] t/w dec of svc. (dkt clerk) (Entered: 04/17/1990)

April 12, 1990

April 12, 1990

47

Memorandum of p/a in Opposition by plaintiffs Juan Amarillas , Marco Antonio Burgueno-Diaz, Jose Cebreros, Ismael Gonzalez-Lopez, Eduardo Lopez, Jose Guadalupe Roa Mosqueda, Francisco Olivera-Yanez, Guillermo Ramirez, Leoquildo Valle, Angelina Vasquez-Valdivia and Alberto Castillo-Zaragoza to motion to compel production of docs (resetting) [41-1] t/w dec of svc. (dkt clerk) (Entered: 04/20/1990)

April 16, 1990

April 16, 1990

48

Memornadum of p/a in Opposition by plaintiffs to motion to stay discovery [44- 2] and motion for protective order [44-1] t/w dec of svc. (dkt clerk) (Entered: 04/20/1990)

April 17, 1990

April 17, 1990

Transcript filed of Motion hrg taken on 9/18/89 before Mag. Moskowitz (MARY LOU LOHR) (dkt clerk) (Entered: 04/19/1990)

April 18, 1990

April 18, 1990

49

Reply by defendants in support of mot to cont 4/27/90 hrg on disc mots until after USDC decides defts mot to dism t/w dec of svc. (dkt clerk) (Entered: 04/26/1990)

April 19, 1990

April 19, 1990

50

Reply memorandum by Pltfs Juan Amarillas, Marco Antonio Burgueno-Diaz, Jose Cebreros, Ismael Gonzalez-Lopez, Eduardo Lopez, Jose Guadalupe Roa Mosqueda, Francisco Olivera-Yanez, Guillermo Ramirez, Leoquildo Valle, Angelina Vasquez-Valdivia and Alberto Castillo-Zaragoza to opposition to motion to compel production of docs (resetting) [41-1] t/w dec of svc. (dkt clerk) (Entered: 04/26/1990)

April 20, 1990

April 20, 1990

51

Memorandum of p/a in Opposition by pltfs Juan Amarillas, Marco Antonio Burgueno-Diaz, Jose Cebreros, Ismael Gonzalez-Lopez, Eduardo Lopez, Jose Guadalupe Roa Mosqueda, Francisco Olivera-Yanez, Guillermo Ramirez, Leoquildo Valle, Angelina Vasquez-Valdivia, Castillo-Zaragoza to motion to dismiss pltfs' first complaint with prejudice [42-1] ; request for sanctions. (dkt clerk) (Entered: 04/27/1990)

April 23, 1990

April 23, 1990

52

Reply by defts Richard Thornburgh, Ben Davidian, Steven Martin, Gene McNary to opposition to motion to stay discovery [44-2] and motion for protective order [44-1] t/w dec of svc. (dkt clerk) (Entered: 04/27/1990)

April 23, 1990

April 23, 1990

53

Notice of motion and Motion by defendant to continue hrg on discovery mots until after the USDC decides defts mot to dism [ motion referred to Magistrate Barry T. Moskowitz ] (dkt clerk) (Entered: 04/27/1990)

April 23, 1990

April 23, 1990

54

Memorandum of points and authorities by defendant in support of motion to continue hrg on discovery mots until after the USDC decides defts mot to dism [53-1] t/w dec of svc. (dkt clerk) (Entered: 04/27/1990)

April 23, 1990

April 23, 1990

55

Order by Magistrate Barry T. Moskowitz granting motion to continue hrg on discovery mots until after the USDC decides defts mot to dism [53-1]. Motion to stay discovery [44-2], for protective order [44-1], and to compel production of docs (resetting) [41-1] cont until a decision on defts' mot to dism is rendered. (cc: all counsel) (dkt clerk) (Entered: 05/01/1990)

April 26, 1990

April 26, 1990

56

Notice of motion and Motion by defendants for leave to file rply in excess of 10 pages [ motion(s) referred to Judge J. L. Irving ] (dkt clerk) (Entered: 05/03/1990)

May 3, 1990

May 3, 1990

57

Order by Judge J. L. Irving granting motion for leave to file rply in excess of 10 pages [56-1] (cc: all counsel) (dkt clerk) (Entered: 05/03/1990)

May 3, 1990

May 3, 1990

58

Reply by defendants to opposition to motion to dismiss pltfs' first amended complaint with prejudice [42-1] t/w dec of svc. (dkt clerk) (Entered: 05/03/1990)

May 3, 1990

May 3, 1990

59

Minutes: Enter Order by Judge J. L. Irving that the motion to dismiss pltfs' first amended complaint with prejudice [42-1] is submitted (cc: all counsel) (dkt clerk) (Entered: 05/07/1990)

May 7, 1990

May 7, 1990

60

Order by Judge J. L. Irving that the memo decision and order of 1/5/90 is amended. (cc: all counsel) (dkt clerk) (Entered: 05/07/1990)

May 7, 1990

May 7, 1990

61

Order by Judge J. L. Irving denying defts' motion to dism, denying pltfs' motion for sanctions and referring this matter to Mag Moskowitz for the purpose of discovery supervision. (cc: all counsel) (dkt clerk) (Entered: 05/15/1990)

May 14, 1990

May 14, 1990

62

Minutes: Enter Order by Magistrate Barry T. Moskowitz, pla's motion to compel production of documents granted, pla to prepare order w/in 10 dys (dkt clerk) (Entered: 07/06/1990)

July 3, 1990

July 3, 1990

63

Submission regarding proposed protective order on legalization files by defendants Richard Thornburgh, Steven Martin, Gene McNary. t/w cert of service. (jsp) (Entered: 07/12/1990)

July 10, 1990

July 10, 1990

Transcript of proceedings on 7-3-90 before Magistrate Barry Ted Moskowitz. (Mary Lou Lohr, transcriber) (jsp) (Entered: 07/17/1990)

July 10, 1990

July 10, 1990

64

Order by Magistrate Barry T. Moskowitz compelling production of documents. It is ordered that plaintiffs counsel and their assistants disclose to any person the produced documents or their contents except as is necessary for the preparation of this case, furthermore the produced documents pertaining to a plaintiff shall not be disclosed to the other plaintiffs unless it is necessary for the preparation of this case. It is further ordered that plaintiffs motion for costs and fees is DENIED. (Moskowitz) (jsp) (Entered: 07/18/1990)

July 17, 1990

July 17, 1990

65

Proof of service by plaintiffs Juan Amarillas, Marco Antonio Burgueno-Diaz, Jose Cebreros, Ismael Gonzalez-Lopez, Eduardo Lopez, Jose Guadalupe Roa Mosqueda, Francisco Olivera-Yanez, Guillermo Ramirez, Leoquildo Valle, Angelina Vasquez-Valdivia, and Alberto Castillo-Zaragoza of: order compelling production of documents. Served Parker (Carlos) Singh on 7-26-90. (jsp) (Entered: 07/31/1990)

July 30, 1990

July 30, 1990

66

Attorney Appearance by David J Kline, Assistant Director, Office of Immigration Litigation, U. S. Dept of Justice for defendant Ben Davidian, defendant Steven Martin, defendant Gene McNary t/w proof of svc (dkt clerk) (Entered: 11/15/1990)

Nov. 13, 1990

Nov. 13, 1990

67

Praecipe: by defendants Richard Thornburgh, Ben Davidian, Steven Martin, Gene McNary; Norah Ascoli Schwarz replaces Parker Singh as counsel for respondents (dkt clerk) (Entered: 11/19/1990)

Nov. 15, 1990

Nov. 15, 1990

68

Order by Judge J. L. Irving Case reassigned to Judge Gordon Thompson Jr. (cc: all counsel) (admin) (Entered: 12/21/1990)

Dec. 14, 1990

Dec. 14, 1990

69

Notice and Order for Scheduling/Status Conf by Magistrate Barry T. Moskowitz ;Status conf set 1:45 2/28/91 (cc: all counsel) (dkt clerk) (Entered: 02/11/1991)

Feb. 8, 1991

Feb. 8, 1991

70

Notice by plaintiffs of reimbursement of deposition costs t/w proof of svc (dkt clerk) (Entered: 02/13/1991)

Feb. 11, 1991

Feb. 11, 1991

71

Scheduling Order by Magistrate Barry T. Moskowitz ; Status conf held 2/28/91 ; Discovery shall be completed by 7/31/91 ; any mot to join other parties, to amd the pleadings, or to file addtl pleadings shall be fld by 3/29/91; all other p/t mot shall be fld by 9/9/91; Pretrial orders shall be submitted by 10/24/91 ; Pretrial conf set 10:30 10/31/91 ; Settlement conference set 2:00 4/19/91 (cc: all counsel) (dkt clerk) (Entered: 03/08/1991)

March 8, 1991

March 8, 1991

72

Minutes: Enter Order by Magistrate Barry T. Moskowitz ; Settlement conference reset from 4/19/91 to 10:00 5/30/91 Court Reporter: N/A (dkt clerk) (Entered: 04/15/1991)

April 12, 1991

April 12, 1991

73

Minutes: Enter Order by Magistrate Barry T. Moskowitz ; Settlement conference held 10:00 5/30/91 ptys to make mot for approval of class action settlement before Judge Thompson Court Reporter: (mam) (Entered: 06/05/1991)

May 30, 1991

May 30, 1991

74

Order by Judge Judith N. Keep Case reassigned to Judge Marilyn L. Huff (cc: all counsel) (admin) (Entered: 06/21/1991)

June 7, 1991

June 7, 1991

75

Stipulation to continue joint motion for approval of compromise, hrg set for 7/8/91 @ 10:30 AM Ctrm 8 (mam) (Entered: 06/25/1991)

June 24, 1991

June 24, 1991

76

Order by Judge Marilyn L. Huff pursuant to stipulated continuance of joint motion for approval of compromise hrg now set for 8/12/91 @ 10:30 Ctrm 8 (mam) (Entered: 06/25/1991)

June 24, 1991

June 24, 1991

77

Order by Judge Marilyn L. Huff ;Status conf set 12:00 7/19/91 Ctrm 8 (cc: all counsel) (mam) (Entered: 07/03/1991)

July 1, 1991

July 1, 1991

78

Motion by plaintiff Juan Amarillas and all other plaintiffs except Coalition for Immigrant and Refugee Rights for settlement of class action , and to vacate order of May 1, 1989 [ motion(s) referred to Judge Marilyn L. Huff ], hrg set for 8/12/91 at 10:30 AM Ctrm 8; brief and exhibits in support thereof t/w prf of svc (mam) (Entered: 07/17/1991)

July 16, 1991

July 16, 1991

79

Declaration of Stephen A Rosenbaum by plaintiff Juan Amarillas et al in support of motion for settlement of class action [78-1] (mam) (Entered: 07/17/1991)

July 16, 1991

July 16, 1991

81

Minutes: Enter Order by Judge Marilyn L. Huff ; Status conf held in chambers on 7/19/91; fairness hrg and motion set for 8/12/91 at 10:30 AM Court Reporter: P Tagliaferri (mam) (Entered: 07/29/1991)

July 19, 1991

July 19, 1991

80

Order by Judge Marilyn L. Huff ; Status conf held on 7/19/91; fairness hearing is set for 8/12/91 at 10:30 AM Ctrm 8 (cc: all counsel) (mam) (Entered: 07/22/1991)

July 22, 1991

July 22, 1991

82

Notice of Motion and motion by defendant Richard Thornburgh, defendant Ben Davidian, defendant Steven Martin, defendant Gene McNary for rescheduling [ motion(s) referred to Judge Marilyn L. Huff ] 8/12/91 10:30 ctrm 8 (dkt clerk) (Entered: 08/06/1991)

Aug. 1, 1991

Aug. 1, 1991

83

Memorandum of points and authorities by defendant Richard Thornburgh, defendant Ben Davidian, defendant Steven Martin, defendant Gene McNary in support of motion for rescheduling [82-1] 8/12/91 10:30 ctrm 8 (dkt clerk) (Entered: 08/06/1991)

Aug. 1, 1991

Aug. 1, 1991

84

Order by Judge Marilyn L. Huff setting motion for rescheduling [82-1] at 10:30 9/16/91 (cc: all counsel) (dkt clerk) (Entered: 08/06/1991)

Aug. 1, 1991

Aug. 1, 1991

85

Ex Parte Application by defendant Richard Thornburgh, defendant Ben Davidian, defendant Steven Martin, defendant Gene McNary to shorten time (dkt clerk) (Entered: 08/06/1991)

Aug. 2, 1991

Aug. 2, 1991

86

Response by defendant Richard Thornburgh, defendant Ben Davidian, defendant Steven Martin, defendant Gene McNary to plas' motion to approve settlement 8/12/91 10:30 ctrm 8 t/w certif of svc (dkt clerk) (Entered: 08/06/1991)

Aug. 2, 1991

Aug. 2, 1991

87

Order by Judge Marilyn L. Huff granting application for filing the motion for rescheduling be shortened, to permit filing of dfts' motion on 8/1/91 (dkt clerk) (Entered: 08/06/1991)

Aug. 2, 1991

Aug. 2, 1991

88

Minutes: Enter Order by Magistrate Barry T. Moskowitz scheduling conf held (mam) (Entered: 09/11/1991)

Sept. 5, 1991

Sept. 5, 1991

89

Objections by plaintiff Juan Amarillas and similarly situated class members to proposed settlement (mam) (Entered: 09/13/1991)

Sept. 12, 1991

Sept. 12, 1991

90

Minutes: Enter Order by Magistrate Barry T. Moskowitz Settlement conf held, settlement agreement approved by Dist Judge as to the class on 9/16/91 (mam) (Entered: 09/20/1991)

Sept. 16, 1991

Sept. 16, 1991

91

Minutes: Enter Order by Judge Marilyn L. Huff granting joint motion for approval of compromise; granting pla's motion to approve setlement of class action; and cont pla's motion to vacate order of 5/1/89 to 10:30 AM 10/28/91; pretrial conf date of 10/28/91 remains in effect if any ptys opt out Court Reporter: P Tagliaferri (mam) (Entered: 09/20/1991)

Sept. 16, 1991

Sept. 16, 1991

92

Stipulation and Order by Judge Marilyn L. Huff : settlement action, judge to keep jurisdiction over case until October to allow parties to opt out (cc: all counsel) (mam) (Entered: 09/20/1991)

Sept. 17, 1991

Sept. 17, 1991

93

Order by Judge Marilyn L. Huff vacating consent order of 5/1/89 (cc: all counsel) (mam) (Entered: 09/20/1991)

Sept. 17, 1991

Sept. 17, 1991

94

Notice of filing of notice of class action and opportunity for exclusion stating that settlement terms of this case will be binding upon alll ptys who do not request exclusion from the members of the class action (mam) (Entered: 10/09/1991)

Oct. 4, 1991

Oct. 4, 1991

95

Minutes: Enter Order by Judge Marilyn L. Huff No appearances, pretrial conf off calendar Court Reporter: P Tagliaferri (mam) (Entered: 10/30/1991)

Oct. 28, 1991

Oct. 28, 1991

96

Notice of filing of class action and opportunity for exclusion (mam) (Entered: 11/13/1991)

Nov. 12, 1991

Nov. 12, 1991

97

Stipulation and Order by Judge Marilyn L. Huff : dfts' obligation to pay attys' fees and costs under settlement will be satisfied by the INS issuance of a check for $58,000.00 payable to ACLU Foundation of SD and Imperial Counties Inc (cc: all counsel) (dkt clerk) (Entered: 12/06/1991)

Dec. 3, 1991

Dec. 3, 1991

98

Notice of Motion and Motion by plaintiff Eduardo Lopez, et al for voluntary dismissal , t/w prf of serv [ motion(s) referred to Judge Marilyn L. Huff ] (dkt clerk) (Entered: 01/29/1992)

Jan. 27, 1992

Jan. 27, 1992

99

Order by Judge Marilyn L. Huff granting motion for voluntary dismissal [98-1] terminating case JS6 (deputy clerk) (cc: all counsel) (dkt clerk) (Entered: 01/29/1992)

Jan. 27, 1992

Jan. 27, 1992

100

Judgment: granting motion for voluntary dismissal, upon consideration of pla's unopposed motion for voluntary dismissal, the prior proceedings, prior orders and other filed documents herein, all claims for relief of the 1st amd cmp, all are dismissed with prejudice [98-1] (cc: all counsel) (dkt clerk) (Entered: 01/29/1992)

Jan. 29, 1992

Jan. 29, 1992

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 30, 1988

Closing Date: 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Immigrants who had completed applications under the Special Agricultural Workers (SAW) legalization program and were issued an “I-688A” document or “I-94” document.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1989 - 1992

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

Border police

Constitutional rights

Employment

Legalization/Amnesty

Status/Classification

Temporary foreign workers program