Case: Mancha v. ICE

1:06-cv-02650 | U.S. District Court for the Northern District of Georgia

Filed Date: Nov. 1, 2006

Closed Date: July 31, 2009

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Case Summary

On November 1, 2006, private counsel and attorneys for the Southern Poverty Law Center filed a class-action civil rights suit in the U.S. District Court for the Northern District of Georgia, challenging a series of raids conducted by federal immigration authorities in Southeast Georgia over the course of at least two weeks in September 2006. Plaintiffs alleged that federal agents with Immigration and Customs Enforcement, under the guise of locating suspected undocumented workers who had been employed at the Crider poultry facility in Stillmore, Georgia, illegally raided and searched the homes of Latinos in an effort to drive the Latino community out of Southeast Georgia. Plaintiffs specifically alleged that agents searched, detained and interrogated citizens merely because they looked "Mexican," in violation of their rights secured by the Fourth and Fifth Amendments. Plaintiffs sought actual, compensatory, and punitive damages, injunctive and declaratory relief, and class certification. Defendants responded by moving to dismiss the case.

On May 1, 2007, the District Court (Judge Thomas W. Thrash, Jr.) stayed discovery and briefing on plaintiffs' request for class certification, pending the Court's ruling on defendants' dispositive motions.

A first amended complaint was filed on June 14, 2007. Defendants responded by moving to dismiss, or for summary judgment, the various counts alleged in the amended complaint.

On December 5, 2007, the court (Judge Thomas W. Thrash, Jr.) granted defendants' motion to dismiss plaintiffs' claims for injunctive and declaratory relief to redress violations of the Fourth and Fifth Amendments. The court found that plaintiffs had not shown a real and immediate threat of future harm. Therefore, on March 27, 2008, the court denied as moot plaintiffs' motion for class certification with respect to the dismissed claims.

That same day, plaintiffs filed a second amended complaint asserting Federal Torts Claims Act (FTCA) claims against the United States. The FTCA claims were for false imprisonment, assault, battery, and trespass. Plaintiffs also asserted Bivens claims against the federal law enforcement agents employed by ICE for violation of plaintiffs' Fourth and Fifth Amendment rights.

Once again, defendants moved to dismiss the complaint. They argued that the FTCA claims should be dismissed because the plaintiffs failed to exhaust their administrative remedies prior to filing the FTCA claims, the claims fell under the discretionary function exception to the FTCA, and the plaintiffs didn’t state viable tort claims under Georgia law. They also argued that the Bivens claims should be dismissed because the claims were against unidentified John Does. Plaintiffs then asked for leave from the court to file a third amended complaint that identified the John Does by their actual names.

On March 31, 2009, the court denied defendants' motion to dismiss the FTCA and Bivens claims. 2009 WL 900800. The court found that plaintiffs had exhausted their remedies prior to filing the FTCA claims and that the FTCA claims did not fall under the discretionary function exception. The court also granted plaintiffs' motion for leave to file a third amended complaint, which they filed on June 19.

On July 31, 2009, plaintiffs, citing a settlement agreement, filed an unopposed motion asking the court to dismiss the lawsuit with prejudice. The case was dismissed on July 31. The Southern Poverty Law Center provided the settlement agreement. In the settlement, the United States agreed to pay plaintiffs $35,000 and plaintiffs agreed to voluntarily dismiss the case.

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Summary Authors

Dan Dalton (9/24/2007)

Jennifer Bronson (12/5/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4820070/parties/mancha-v-immigration-and-customs-enforcement/

Judge(s)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Benjamin-Gomez, Arlen S (Alabama)

Brownstein, Rhonda C. (Alabama)

Bruner, Kelley McNair (Alabama)

Attorney for Defendant

Cunningham, Jean M. (District of Columbia)

Judge(s)

Thrash, Thomas W. Jr. (Georgia)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Benjamin-Gomez, Arlen S (Alabama)

Brownstein, Rhonda C. (Alabama)

Bruner, Kelley McNair (Alabama)

Dees, Morris S. Jr. (Alabama)

Fisher, Genesis R.A.C. (Alabama)

Hoffman, Paul L. (California)

Knoepp, James Melvin (Georgia)

Lapointe, Michelle R. (Georgia)

Ramírez, Mónica M. (California)

Spears, George Brian (Georgia)

Werner, Daniel (Georgia)

Attorney for Defendant

Cunningham, Jean M. (District of Columbia)

Greene, Glenn S. (District of Columbia)

Juncaj, Gjon (District of Columbia)

Long, Alonzo H. (Georgia)

Moffa, Lynn Dee (Georgia)

Stokes, Sharon Douglas (Georgia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:06-cv-02650	Docket (PACER) Mancha v. Immigration and Customs Enforcement	July 31, 2009	July 31, 2009 Docket
1 1:06-cv-02650	Complaint Mancha v. Immigration and Customs Enforcement	Nov. 1, 2006	Nov. 1, 2006 Complaint
42 1:06-cv-02650	First Amended Complaint - Class Action Mancha v. Immigration and Customs Enforcement	June 14, 2007	June 14, 2007 Complaint
104 1:06-cv-02650	Order Mancha v. Immigration and Customs Enforcement	March 24, 2008	March 24, 2008 Order/Opinion
226 1:06-cv-02650	Order Mancha v. Immigration and Customers Enforcement	March 31, 2009	March 31, 2009 Order/Opinion 2009 WL 900800
1:06-cv-02650	Stipulation for Compromise Settlement and Release of Federal Tort Claims Act Claims Pursuant to 28 U.S.C 2677 Mancha v. United States	June 9, 2009	June 9, 2009 Settlement Agreement
152-2 1:06-cv-02650	Third Amended Complaint Mancha v. USA	June 19, 2009	June 19, 2009 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4820070/mancha-v-immigration-and-customs-enforcement/

Last updated Nov. 19, 2025, 9:44 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 557596.), filed by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Attachments: # 1 Summons # 2 Civil Cover Sheet)(fap) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/02/2006) 1 Summons View on PACER 2 Civil Cover Sheet View on PACER	Nov. 1, 2006	Nov. 1, 2006 RECAP
2	APPLICATION for Admission of Kelley Bruner Pro Hac Viceby Plaintiffs.Filing Fee received $150.00, Receipt #557599. (dr) (Entered: 11/03/2006)	Nov. 1, 2006	Nov. 1, 2006
3	APPLICATION for Admission of Rhonda Brownstein Pro Hac Viceby Plaintiffs.Filing Fee received $150.00, Receipt #557598. (dr) (Entered: 11/03/2006)	Nov. 1, 2006	Nov. 1, 2006
4	APPLICATION for Admission of Morris S. Dees Pro Hac Viceby Plaintiffs.Filing Fee received $150.00, Receipt #557597. (dr) (Entered: 11/03/2006)	Nov. 1, 2006	Nov. 1, 2006
5	Summons Issued as to Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Gregory L. Wiest, John P. Torres, John Mata, U.S. Attorney and U.S. Attorney General (dr) (Entered: 11/07/2006)	Nov. 6, 2006	Nov. 6, 2006
6	ORDER granting 2 Application for Admission Pro Hac Vice for Kelley Bruner . Signed by Judge Thomas W. Thrash Jr. on 11/7/06. (dr) (Entered: 11/08/2006)	Nov. 7, 2006	Nov. 7, 2006
7	ORDER granting 3 Application for Admission Pro Hac Vice for Rhonda Brownstein . Signed by Judge Thomas W. Thrash Jr. on 11/7/06. (dr) (Entered: 11/08/2006)	Nov. 7, 2006	Nov. 7, 2006
8	ORDER granting 4 Application for Admission Pro Hac Vice for Morris Dees. Signed by Judge Thomas W. Thrash Jr. on 11/7/06. (dr) (Entered: 11/08/2006)	Nov. 7, 2006	Nov. 7, 2006
9	APPLICATION for Admission of Paul L. Hoffman Pro Hac Viceby Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez.Filing Fee received $150.00, Receipt #558817. (dr) (Entered: 12/08/2006)	Dec. 4, 2006	Dec. 4, 2006
10	ORDER granting 9 Application for Admission Pro Hac Vice for Paul Hoffman . Signed by Judge Thomas W. Thrash Jr. on 12/14/06. (dr) (Entered: 12/15/2006)	Dec. 14, 2006	Dec. 14, 2006
11	NOTICE by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Immigration and Customs Enforcement, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez of Service of Summons (Attachments: # 1 Exhibit Affidavits of Service)(Spears, George) (Entered: 12/18/2006)	Dec. 18, 2006	Dec. 18, 2006
12	Joint MOTION for Extension of Time to File Answer and Consolidate Deadline for Filing Defendants' Response to Plaintiffs' Complaint with Brief In Support by Gregory L. Wiest. (Stokes, Sharon) (Entered: 12/28/2006)	Dec. 28, 2006	Dec. 28, 2006
13	STATUS REPORT Joint Statement Regarding Class Communications by Marie Justeen Mancha. (Bauer, Mary) (Entered: 12/29/2006)	Dec. 29, 2006	Dec. 29, 2006
14	ORDER granting 12 Motion for Extension of Time to Answer re 1 Complaint,, Immigration and Customs Enforcement Answer due 3/1/2007; Michael Chertoff Answer due 3/1/2007; Julie L. Myers Answer due 3/1/2007; Marcy Forman Answer due 3/1/2007; Denneth A. Smith Answer due 3/1/2007; Gregory L. Wiest Answer due 3/1/2007; John P. Torres Answer due 3/1/2007; John Mata Answer due 3/1/2007; John Does 1-30 Answer due 3/1/2007 . Signed by Judge Thomas W. Thrash Jr. on 1/3/07. (ss) (Entered: 01/04/2007)	Jan. 4, 2007	Jan. 4, 2007
15	MOTION for Extension of Time File Class Certification Motion with Brief In Support by Marie Justeen Mancha. (Bauer, Mary) (Entered: 01/04/2007)	Jan. 4, 2007	Jan. 4, 2007
	NOTICE of TELECONFERENCE Hearing: Hearing set for 1/5/2007 04:00 PM before Judge Thomas W. Thrash Jr., government counsel originate call. (ss)	Jan. 4, 2007	Jan. 4, 2007
16	Minute Entry for proceedings held before Judge Thomas W. Thrash Jr.: Status Conference held on 1/5/2007. (Court Reporter Traci Walker.)(kt) (Entered: 01/08/2007)	Jan. 5, 2007	Jan. 5, 2007
17	Notice for Leave of Absence for the following date(s): 3/8/07 - 3/20/07, by George Brian Spears. (Spears, George) (Entered: 01/08/2007)	Jan. 8, 2007	Jan. 8, 2007
	Clerks Notation re 17 Leave of Absence 3/8/07 - 3/20/07, by George Brian Spears. The Court will not require Mr. Spears appearance on these dates. (ss)	Jan. 9, 2007	Jan. 9, 2007
18	ORDER granting 15 Motion for Extension of Time through 3/2/07 for plaintiff to file Motion for Class Certification. . Signed by Judge Thomas W. Thrash Jr. on 1/16/07. (ss) (Entered: 01/17/2007)	Jan. 17, 2007	Jan. 17, 2007
19	NOTICE of Appearance by Gjon Juncaj on behalf of all defendants (Juncaj, Gjon) (Entered: 01/24/2007)	Jan. 24, 2007	Jan. 24, 2007
20	NOTICE of Appearance by Jean M. Cunningham on behalf of Gregory L. Wiest (Cunningham, Jean) (Entered: 01/24/2007)	Jan. 24, 2007	Jan. 24, 2007
21	Joint MOTION for Extension of Time to File Response to Complaint, to file Reponse to Response, and to file Motion for Class Certification with Brief In Support by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata, John Does 1-30, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Spears, George) Additional attachment(s) added on 3/2/2007 (dr). (Entered: 02/27/2007)	Feb. 27, 2007	Feb. 27, 2007
22	ORDER granting 21 Motion for Extension of Time until 4/15/07 for defendants to serve responses to complaint; plaintiffs shall serve their responses to defendants' responses to complaint by 6/14/07; plaintiffs shall serve their Motion for Class Certification by 4/16/07. Signed by Judge Thomas W. Thrash Jr. on 3/2/07. (dr) (Entered: 03/05/2007)	March 2, 2007	March 2, 2007
23	Unopposed MOTION for Leave to File Excess Pages with Brief In Support by Gregory L. Wiest. (Cunningham, Jean) (Entered: 04/14/2007)	April 14, 2007	April 14, 2007
24	MOTION to Certify Class with Brief In Support by Maria Margarita Morales, Gladis Alicia Espitia, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Attachments: # 1 Brief Brief in Support of Motion# 2 Exhibit Declaration of Marie Justeen Mancha# 3 Exhibit Declaration of Maria Christina Martinez# 4 Exhibit Declaration of Ranulfo Perez# 5 Exhibit Declaration of Gladis Alicia Espitia# 6 Exhibit Declaration of Maria Margarita Morales# 7 Exhibit Declaration of Mary Bauer, Esquire)(Brownstein, Rhonda) (Entered: 04/16/2007)	April 16, 2007	April 16, 2007
25	DOCUMENT FILED IN ERROR - MOTION to Dismiss or in the Alternative for Summary Judgment with Brief In Support by Gregory L. Wiest. (Attachments: # 1 Brief in Support of Motion to Dimiss or in the Alternative for Summary Judgment# 2 Affidavit in Support of Motion# 3 Statement of Material Facts in Support of Motion)(Cunningham, Jean) Modified on 4/17/2007 (dr). (Entered: 04/16/2007)	April 16, 2007	April 16, 2007
26	MOTION to Dismiss Counts I and II of Complaint with Brief In Support by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Attachments: # 1 Brief Memorandum of Law in Support of Motion to Dismiss)(Juncaj, Gjon) (Entered: 04/16/2007)	April 16, 2007	April 16, 2007
27	MOTION to Dismiss, or in the alternative, MOTION for Summary Judgment by Gregory L. Wiest. (Attachments: # 1 Memorandum in Support# 2 Affidavit# 3 Statement of Material Facts)(dr) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 04/17/2007)	April 16, 2007	April 16, 2007
	Notification of Docket Correction re 25 MOTION to Dismiss which is FILED IN ERROR. For correct entry refer to 27 MOTION to Dismiss, MOTION for Summary Judgment. (dr)	April 17, 2007	April 17, 2007
28	Notice for Leave of Absence for the following date(s): 5/17/07-5/21/07, 7/3/07-7/12/07, 8/2/07-8/7/07, 9/27/07-10/1/07, 10/31/07-11/5/07, by George Brian Spears. (Spears, George) (Entered: 04/18/2007)	April 18, 2007	April 18, 2007
29	ORDER granting 23 Motion for Leave to File Excess Pages. Signed by Judge Thomas W. Thrash Jr. on 4/17/07. (dr) (Entered: 04/19/2007)	April 18, 2007	April 18, 2007
	Clerks Notation re 28 Leave of Absence 5/17/07-5/21/07, 7/3/07-7/12/07, 8/2/07-8/7/07, 9/27/07-10/1/07, 10/31/07-11/5/07, by George Brian Spears. The Court will not require an appearance by G. Spears on these dates. (ss)	April 19, 2007	April 19, 2007
30	MOTION for Relief From Local Rules 16.1, 16.2, and 26.1 and Stay of Responsive Briefing of Plaintiffs' Class Certification Request with Brief In Support by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata, John Does 1-30. (Attachments: # 1 Brief In Support of Motion for Relief From Local Rules 16.1, 16.2, 26.1, and Stay of Responsive Class Cert. Briefing)(Juncaj, Gjon) (Entered: 04/27/2007)	April 27, 2007	April 27, 2007
31	ORDER granting 30 Motion for Relief From Local Rules 16.1, 16.2, and 26.1 and STAYED pending resolution of 27 Motion to Dismiss, Motion for Summary Judgment; responsive briefing to 24 Motion to Certify Class is STAYED pending resolution of defendants' dispositive motions. Signed by Judge Thomas W. Thrash Jr. on 4/30/07. (dr) (Entered: 05/02/2007)	May 1, 2007	May 1, 2007
32	APPLICATION for Admission of Arlen S. Benjamin-Gomez Pro Hac Viceby Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez.Filing Fee received $150.00, Receipt #564482. (dr) (Entered: 05/09/2007)	May 1, 2007	May 1, 2007
33	APPLICATION for Admission of Genesis R.A.C. Fisher Pro Hac Viceby Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez.Filing Fee received $150.00, Receipt #564481. (dr) (Entered: 05/09/2007)	May 1, 2007	May 1, 2007
34	ORDER granting 33 Application for Admission Pro Hac Vice for Genesis Fisher. Signed by Judge Thomas W. Thrash Jr. on 5/14/07. (dr) (Entered: 05/15/2007)	May 14, 2007	May 14, 2007
35	ORDER granting 32 Application for Admission Pro Hac Vice for Arlen Benjamin-Gomez. Signed by Judge Thomas W. Thrash Jr. on 5/14/07. (dr) (Entered: 05/15/2007)	May 14, 2007	May 14, 2007
36	MOTION for Clarification re: 31 Order on Motion for Relief, with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Brief)(Bauer, Mary) (Entered: 05/16/2007)	May 16, 2007	May 16, 2007
37	RESPONSE in Opposition re 36 MOTION for Clarification re: 31 Order on Motion for Relief, filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 05/22/2007)	May 22, 2007	May 22, 2007
38	RESPONSE re 36 MOTION for Clarification re: 31 Order on Motion for Relief, filed by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John Mata. (Juncaj, Gjon) (Entered: 05/24/2007)	May 24, 2007	May 24, 2007
	Submission of 27 MOTION to Dismiss, MOTION for Summary Judgment, submitted to District Judge Thomas W. Thrash. (dr)	May 24, 2007	May 24, 2007
	Notification of Docket Correction re Submission to District Judge re 27 Motion to dismiss, Motion for Summary Judgment. Response due 6/14/07. (dr)	May 25, 2007	May 25, 2007
39	MOTION to Strike 27 MOTION to Dismiss MOTION for Summary Judgment Motion to Strike Affidavit with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Brief)(Bauer, Mary) (Entered: 06/14/2007)	June 14, 2007	June 14, 2007
40	MOTION for Relief Pursuant to Rule 56(f) with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Affidavit)(Bauer, Mary) (Entered: 06/14/2007)	June 14, 2007	June 14, 2007
41	RESPONSE re 26 MOTION to Dismiss Counts I and II of Complaint filed by Marie Justeen Mancha. (Bauer, Mary) (Entered: 06/14/2007)	June 14, 2007	June 14, 2007
42	AMENDED COMPLAINT against all defendants, filed by Marie Justeen Mancha. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Bauer, Mary) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/14/2007)	June 14, 2007	June 14, 2007
43	Certificate of Service by Marie Justeen Mancha re 40 MOTION for Relief Pursuant to Rule 56(f) (Bauer, Mary) Modified text (no caption) on 6/15/2007 (dr). (Entered: 06/14/2007)	June 14, 2007	June 14, 2007
44	RESPONSE in Opposition re 27 MOTION to Dismiss MOTION for Summary Judgment filed by Maria Margarita Morales. (Attachments: # 1 Exhibit Morales Declaration)(Bauer, Mary) (Entered: 06/14/2007)	June 14, 2007	June 14, 2007
45	Response to Statement of Material Facts re 27 MOTION to Dismiss MOTION for Summary Judgment filed by Maria Margarita Morales. (Bauer, Mary) (Entered: 06/14/2007)	June 14, 2007	June 14, 2007
46	Statement of Material Facts re 27 MOTION to Dismiss MOTION for Summary Judgment filed by Maria Margarita Morales. (Bauer, Mary) Modified duplicative wording on 6/15/2007 (dr). (Entered: 06/14/2007)	June 14, 2007	June 14, 2007
	Submission of 36 MOTION for Clarification re: 31 Order, submitted to District Judge Thomas W. Thrash. (dr)	June 14, 2007	June 14, 2007
47	STIPULATION to Withdraw Filings by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Cunningham, Jean) (Entered: 06/28/2007)	June 28, 2007	June 28, 2007
48	First MOTION for Extension of Time to File Response to First Amended Complaint with Brief In Support by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Cunningham, Jean) (Entered: 06/28/2007)	June 28, 2007	June 28, 2007
49	NOTICE of Appearance by Glenn S. Greene on behalf of Gregory L. Wiest (Greene, Glenn) (Entered: 06/28/2007)	June 28, 2007	June 28, 2007
50	RESPONSE re 48 First MOTION for Extension of Time to File Response to First Amended Complaint filed by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Brownstein, Rhonda) (Entered: 06/28/2007)	June 28, 2007	June 28, 2007
51	REPLY to Response to Motion re 48 First MOTION for Extension of Time to File Response to First Amended Complaint filed by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Cunningham, Jean) (Entered: 06/29/2007)	June 29, 2007	June 29, 2007
52	ORDER granting 48 Motion for Extension of Time until 8/2/07 for defendants to file responses to 42 Amended Complaint. Signed by Judge Thomas W. Thrash Jr. on 7/2/07. (dr) (Entered: 07/03/2007)	July 2, 2007	July 2, 2007
53	MOTION for Summary Judgment on Count VI of First Amended Complaint with Brief In Support by Gregory L. Wiest. (Attachments: # 1 Brief in Support of Motion for Summary Judgment# 2 Exhibit 1 (Affidavit of Gregory L. Wiest)# 3 Exhibit 2 (Affidavit of Robert Rodriguez)# 4 Statement of Material Facts)(Cunningham, Jean) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified text on 8/3/2007 (dr). (Entered: 08/02/2007)	Aug. 2, 2007	Aug. 2, 2007
54	MOTION to Dismiss Counts I and II of First Amended Complaint with Brief In Support by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Attachments: # 1 Brief Memorandum In Support of Motion to Dismiss)(Juncaj, Gjon) (Entered: 08/02/2007)	Aug. 2, 2007	Aug. 2, 2007
55	Unopposed MOTION for Extension of Time re: 53 MOTION for Summary Judgment, 54 MOTION to Dismiss Counts I and II of First Amended Complaint by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Brownstein, Rhonda) (Entered: 08/17/2007)	Aug. 17, 2007	Aug. 17, 2007
56	ORDER granting 55 Motion for Extension of Time. Plaintiffs are giving an additional 14 days to respond to dfts' 53 MOTION for Summary Judgment, 54 MOTION to Dismiss Counts I and II of First Amended Complaint. Signed by Judge Thomas W. Thrash Jr. on 8/22/07. (vs) (Entered: 08/23/2007)	Aug. 22, 2007	Aug. 22, 2007
57	RESPONSE in Opposition re 54 MOTION to Dismiss Counts I and II of First Amended Complaint filed by Maria Margarita Morales, Gladis Alicia Espitia, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Brownstein, Rhonda) (Entered: 09/04/2007)	Sept. 4, 2007	Sept. 4, 2007
58	UNOPPOSED MOTION for Leave to File Excess Pages with Brief In Support by Maria Margarita Morales. (Attachments: # 1 Text of Proposed Order proposed order)(Bauer, Mary) Modified text on 9/11/2007 (dr). (Entered: 09/10/2007)	Sept. 10, 2007	Sept. 10, 2007
59	MOTION for Relief pursuant to Rule 56(f) with Brief In Support by Maria Margarita Morales. (Attachments: # 1 Affidavit Attorney affidavit# 2 Brief Memorandum in Support)(Bauer, Mary) Modified relief/text on 9/11/2007 (dr). (Entered: 09/10/2007)	Sept. 10, 2007	Sept. 10, 2007
60	MOTION to Strike portions of Gregory Wiest's and Robert Rodriguez' Affidavits re 53 MOTION for Summary Judgment with Brief In Support by Maria Margarita Morales. (Attachments: # 1)(Bauer, Mary) Modified text on 9/11/2007 (dr). (Entered: 09/10/2007)	Sept. 10, 2007	Sept. 10, 2007
61	Response to Statement of Material Facts re 53 MOTION for Summary Judgment filed by Maria Margarita Morales. (Bauer, Mary) (Entered: 09/10/2007)	Sept. 10, 2007	Sept. 10, 2007
62	RESPONSE re 53 MOTION for Summary Judgment filed by Maria Margarita Morales. (Attachments: # 1 Exhibit Exhibit 1# 2 Statement of Material Facts Statement of Additional Material Facts)(Bauer, Mary) (Entered: 09/10/2007)	Sept. 10, 2007	Sept. 10, 2007
63	ORDER granting 58 Motion for Leave to File Excess Pages. Signed by Judge Thomas W. Thrash Jr. on 9/12/07. (dr) (Entered: 09/13/2007)	Sept. 12, 2007	Sept. 12, 2007
64	REPLY to Response to Motion re 54 MOTION to Dismiss Counts I and II of First Amended Complaint filed by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata, John Does 1-30. (Juncaj, Gjon) (Entered: 09/21/2007)	Sept. 21, 2007	Sept. 21, 2007
	Submission of 54 MOTION to Dismiss Counts I and II of First Amended Complaint, submitted to District Judge Thomas W. Thrash. (dr)	Sept. 25, 2007	Sept. 25, 2007
65	Unopposed MOTION for Extension of Time to File Responsive Papers with Brief In Support by Gregory L. Wiest. (Cunningham, Jean) (Entered: 09/27/2007)	Sept. 27, 2007	Sept. 27, 2007
66	ORDER granting 65 Motion for Extension of Time extension of time through 10/02/07 for defendant to respond re 60 MOTION to Strike portions of affidavits, 53 MOTION for Summary Judgment, 59 MOTION for Relief pursuant to Rule 56(f), 62 Response to Motion. Signed by Judge Thomas W. Thrash Jr. on 10/01/07. (ss) (Entered: 10/01/2007)	Oct. 1, 2007	Oct. 1, 2007
67	REPLY BRIEF re 53 MOTION for Summary Judgment filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 10/02/2007)	Oct. 2, 2007	Oct. 2, 2007
68	Response to Statement of Material Facts re 53 MOTION for Summary Judgment filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 10/02/2007)	Oct. 2, 2007	Oct. 2, 2007
69	RESPONSE in Opposition re 60 MOTION to Strike portions of affidavits filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 10/02/2007)	Oct. 2, 2007	Oct. 2, 2007
70	RESPONSE in Opposition re 59 MOTION for Relief pursuant to Rule 56(f) filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 10/02/2007)	Oct. 2, 2007	Oct. 2, 2007
71	MOTION for Leave to File Sur-reply with Brief In Support by Maria Margarita Morales. (Attachments: # 1 Text of Proposed Order Proposed Order)(Bauer, Mary) (Entered: 10/03/2007)	Oct. 3, 2007	Oct. 3, 2007
72	DOCUMENT FILED IN ERROR - MOTION to Amend 1 Complaint, with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Brief Memo in Support of Motion to Amend# 2 Exhibit Proposed Amended Complaint)(Bauer, Mary) Modified on 10/4/2007 (dr). (Entered: 10/03/2007)	Oct. 3, 2007	Oct. 3, 2007
73	MOTION for Discovery with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Brief Memo in Support of Motion for Limited Discovery and Late Service)(Bauer, Mary) (Entered: 10/03/2007)	Oct. 3, 2007	Oct. 3, 2007
74	MOTION to Amend 42 Amended Complaint with Brief In Support by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Attachments: # 1 Brief in support of motion to amend# 2 Proposed Second Amended Complaint# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Text of Proposed Order)(Brownstein, Rhonda) (Entered: 10/04/2007)	Oct. 4, 2007	Oct. 4, 2007
	Notification of Docket Correction re 72 MOTION to Amend 1 Complaint which is FILED IN ERROR with an incorrect PDF attachment. Document will be refiled by attorney. (dr)	Oct. 4, 2007	Oct. 4, 2007
75	ORDER granting 71 Motion for Leave to File Sur-Reply in Opposition; sur-reply brief due 10/12/07. Signed by Judge Thomas W. Thrash Jr. on 10/4/07. (dr) (Entered: 10/05/2007)	Oct. 5, 2007	Oct. 5, 2007
76	SUR-REPLY in Opposition to 53 MOTION for Summary Judgment filed by Maria Margarita Morales. (Bauer, Mary) Modified text on 10/15/2007 (dr). (Entered: 10/12/2007)	Oct. 12, 2007	Oct. 12, 2007
77	Notice for Leave of Absence for the following date(s): 12/24/07-1/11/08, 3/7/08-3/17/08, by George Brian Spears. (Spears, George) (Entered: 10/16/2007)	Oct. 16, 2007	Oct. 16, 2007
78	REPLY to Response to Motion re 60 MOTION to Strike portions of affidavits filed by Marie Justeen Mancha. (Bauer, Mary) (Entered: 10/16/2007)	Oct. 16, 2007	Oct. 16, 2007
79	APPLICATION for Admission of Ramirez, Monica Ann Pro Hac Vice (Application fee $ 150, receipt number 1382119)by Gladis Alicia Espitia. (Attachments: # 1 Text of Proposed Order Order for Admission)(Spears, George) (Entered: 10/17/2007)	Oct. 17, 2007	Oct. 17, 2007
80	REPLY to Response to Motion re 59 MOTION for Relief pursuant to Rule 56(f) filed by Marie Justeen Mancha. (Bauer, Mary) (Entered: 10/17/2007)	Oct. 17, 2007	Oct. 17, 2007
81	MOTION to Withdraw Mary C. Bauer as Attorneyby Marie Justeen Mancha. (Attachments: # 1Proposed Order)(Bauer, Mary) Modified attachement on 10/19/2007 (dr). (Entered: 10/18/2007)	Oct. 18, 2007	Oct. 18, 2007
	APPROVAL by Clerks Office re: 79 APPLICATION for Admission of Ramirez, Monica Ann Pro Hac Vice (Application fee $ 150, receipt number 1382119). Attorney Monica Ann Ramirez for Plaintiffs added. (cdg)	Oct. 18, 2007	Oct. 18, 2007
82	RESPONSE in Opposition re 74 MOTION to Amend 42 Amended Complaint MOTION to Amend 42 Amended Complaint filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 10/22/2007)	Oct. 22, 2007	Oct. 22, 2007
83	RESPONSE re 73 MOTION for Discovery filed by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Juncaj, Gjon) (Entered: 10/22/2007)	Oct. 22, 2007	Oct. 22, 2007
84	RESPONSE re 74 MOTION to Amend 42 Amended Complaint MOTION to Amend 42 Amended Complaint filed by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Juncaj, Gjon) (Entered: 10/22/2007)	Oct. 22, 2007	Oct. 22, 2007
	Submission of 53 MOTION for Summary Judgment, 59 MOTION for Relief pursuant to Rule 56(f), 60 MOTION to Strike portions of affidavits, submitted to District Judge Thomas W. Thrash. (dr)	Oct. 22, 2007	Oct. 22, 2007
86	ORDER granting 79 Application of Monica A. Ramirez for Admission Pro Hac Vice. Signed by Judge Thomas W. Thrash Jr. on 10/23/07. (vs) (Entered: 10/24/2007)	Oct. 23, 2007	Oct. 23, 2007
85	ORDER GRANTING 53 Motion for Summary Judgment on Count VI of Plaintiffs' First Amended Class Action Complaint. Signed by Judge Thomas W. Thrash Jr. on 10/23/2007. (sjk)	Oct. 24, 2007	Oct. 24, 2007 RECAP
87	ORDER granting 81 Motion to Withdraw as Attorney. Attorney Arlen S. Benjamin-Gomez terminated. Signed by Judge Thomas W. Thrash Jr. on 10/24/07. (dr) (Entered: 10/26/2007)	Oct. 25, 2007	Oct. 25, 2007
88	MOTION for Leave to File Excess Pages with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Text of Proposed Order)(Bauer, Mary) (Entered: 11/06/2007)	Nov. 6, 2007	Nov. 6, 2007
89	DOCUMENT FILED IN ERROR - MOTION for Reconsideration re 85 Order on Motion for Summary Judgment with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Brief)(Bauer, Mary) Modified on 11/7/2007 (dr). (Entered: 11/06/2007)	Nov. 6, 2007	Nov. 6, 2007

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Case Details

State / Territory:

Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 1, 2006

Closing Date: July 31, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons of Mexican, Latin, or Hispanic origin or appearance who are within the formal jurisdiction and actual territory covered by Immigration and Customs Enforcement agents who are directed from the Special Agentin-Charge Office in Atlanta, Georgia.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

U.S. Immigration and Customs Enforcement, Federal

Case Details

Causes of Action: