Case: United Food and Commercial Workers International Union v. Chertoff

2:07-cv-00188 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 12, 2007

Closed Date: March 11, 2011

Clearinghouse coding complete

Case Summary

This lawsuit is one of several cases arising from immigration raids conducted by federal authorities at Swift meat packing plants across the country. (See Valenzuela v. Swift Beef Company, Inc., No. 3:06-cv-02322-N (N.D. Tex.) [IM-TX-0019], and Swift & Company v. ICE, No. 2:06-cv-00314 (N.D. Tex.) [IM-TX-0020]). In this case, which was filed on September 12, 2007, the United Food and Commercial Workers International Union (UFCW) and several U.S. citizens and legal permanent residents sued the …

This lawsuit is one of several cases arising from immigration raids conducted by federal authorities at Swift meat packing plants across the country. (See Valenzuela v. Swift Beef Company, Inc., No. 3:06-cv-02322-N (N.D. Tex.) [IM-TX-0019], and Swift & Company v. ICE, No. 2:06-cv-00314 (N.D. Tex.) [IM-TX-0020]).

In this case, which was filed on September 12, 2007, the United Food and Commercial Workers International Union (UFCW) and several U.S. citizens and legal permanent residents sued the Department of Homeland Security and U.S. Immigration and Customs Enforcement in the U.S. District Court for the Northern District of Texas, challenging the Swift raids. Plaintiffs alleged that on December 12, 2006, federal immigration authorities raided six Swift plants and swept up about 12,000 meatpacking workers, thousands of which were Union members. Plaintiffs alleged that the warrantless raids were unlawful in that groups of workers were herded up and detained without any reasonable suspicion that the workers were aliens in violation of federal immigration law. Detained workers were not allowed to retrieve their immigration papers or speak to Union attorneys, and some were taken away without the chance to make arrangements for their children to be picked up from school or daycare.

The Union and individual members argued that the raids violated the Immigration and Nationality Act and deprived members of their Fourth and Fifth Amendment rights. Plaintiffs were represented by the Center for Human Rights and Constitutional Law, union attorneys, and private counsel.

On September 12, 2007, plaintiffs moved to certify a class of "all persons subjected to group detention without warrant or a reasonable suspicion based upon articulable facts that they are immigrants unlawfully present in the United States in violation of the Immigration and Nationality Act during work-place enforcement activities conducted by [ICE] agents." Two months later, on November 13, 2007, defendants moved to dismiss.

After the Court (Judge Mary Lou Robinson) on March 25, 2008, denied a motion by more than thirty groups for leave to appear and file amicus briefs, there is an unexplained yearlong gap in the docket with no activity listed.

The next docket entry is on March 4, 2009, where the Court (Judge Robinson) denied plaintiffs' motion for class certification, finding that the proposed class was too vague to be supportable. Later in the year, on September 16, the Court (Judge Robinson) converted defendants' motion to dismiss into a motion for summary judgment, and invited the parties to submit briefs and any additional evidence.

Following several extensions and a discovery dispute, ending in the Court granting the defendants a protective order pending a ruling on defendants' qualified immunity, on March 11, 2011, the Court (Judge Robinson) granted the defendants' motion for summary judgment. United Food and Commercial Workers International Union v. U.S. Immigration and Customs Enforcement, 2011 WL 856937 (N.D. Tex. Mar. 11, 2011). The Court found that the Union lacked standing to bring suit, and that the individual plaintiffs lacked standing to claim injunctive relief, as a future invasion of a legally protected interest was unlikely. As to the individual plaintiffs' claims for damages, the Court granted summary judgment to the defendants on plaintiffs' unlawful detention claim because it found that ICE had acted reasonably in detaining them, on plaintiffs' access to counsel claim because their Sixth Amendment right to counsel had not attached and because there is no civil action for violation of Miranda rights, and on plaintiffs' childcare claim because it found that the amount of time plaintiffs were denied the ability to make arrangements for their children "was not disproportionate to what was reasonably necessary to process the large number of aliens detained."

The Court entered judgment for the defendants the same day, and ordered that plaintiffs pay defendants' attorneys fees.

Summary Authors

Christopher Schad (6/11/2012)

Related Cases

Swift & Company v. Immigration and Customs Enforcement, Northern District of Texas (2006)

Yarrito v. Meyers, District of Colorado (2006)

Valenzuela v. Swift Beef Company, Inc., Northern District of Texas (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4390134/parties/united-food-and-commercial-workers-international-union-v-chertoff/


Judge(s)

Robinson, Mary Lou (Texas)

Attorneys(s) for Plaintiff

Holguín, Carlos R. (California)

Liao, Gening (District of Columbia)

Richard, Stephanie (California)

Russ, Philip R. (Texas)

Schey, Peter A. (California)

Wendel, Edward P. (District of Columbia)

Attorneys(s) for Defendant

Atkinson, Theodore W (District of Columbia)

Bryant, D. Gordon Jr. (Texas)

Hollis, Christopher W. (District of Columbia)

Judge(s)

Robinson, Mary Lou (Texas)

Attorneys(s) for Plaintiff

Holguín, Carlos R. (California)

Liao, Gening (District of Columbia)

Richard, Stephanie (California)

Russ, Philip R. (Texas)

Schey, Peter A. (California)

Wendel, Edward P. (District of Columbia)

Attorneys(s) for Defendant

Atkinson, Theodore W (District of Columbia)

Bryant, D. Gordon Jr. (Texas)

Hollis, Christopher W. (District of Columbia)

Kline, David J. (District of Columbia)

Lawrence, Victor M. (District of Columbia)

Other Attorney(s)

Hoffman, Timothy L. (Texas)

Documents in the Clearinghouse

Document

2:07-cv-00188

Docket (PACER)

March 11, 2011

March 11, 2011

Docket

Press Release: Workers Sue To Stop Mass Arrests And Detentions By Federal Agents

No Court

Sept. 12, 2007

Sept. 12, 2007

Press Release
1

2:07-cv-00188

Original Complaint - Class Action Request for Injunctive and Declaratory Relief and Damages, Jury Demand on Damage Claims

Sept. 12, 2007

Sept. 12, 2007

Complaint
34

2:07-cv-00188

Order Denying Motion for Class Certification

March 4, 2009

March 4, 2009

Order/Opinion
68

2:07-cv-00188

Memorandum Opinion [Granting Defendants' Motion for Summary Judgment]

United Food and Commercial Workers International Union v. U.S. Immigration and Customs Enforcement

March 11, 2011

March 11, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4390134/united-food-and-commercial-workers-international-union-v-chertoff/

Last updated Aug. 25, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - CLASS ACTION REQUEST FOR INJUNCTIVE AND DECLARATORY RELIEF AND DAMAGES, JURY DEMAND ON DAMAGE CLAIMS against Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100 filed by Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza. (Filing fee $350; Receipt number AM001092) (Attachments: # 1 Civil Cover Sheet) (djs) (Entered: 09/12/2007)

1 Civil Cover Sheet

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2 Civil Cover Sheet

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Sept. 12, 2007

Sept. 12, 2007

RECAP
2

CERTIFICATE OF INTERESTED PERSONS by Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza. (djs) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
3

Summons Issued as to Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement (djs) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
4

Order Designating Case for ECF - see order for specifics. (Signed by Judge Mary Lou Robinson) (djs) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
5

SUMMONS Returned Executed as to United States Immigration and Customs Enforcement ; served on 9/14/2007. (Russ, Philip) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

PACER
6

Application and Order for Admission Pro Hac Vice by Carlos R Holguin for Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, Rosa Arellano, Delfina Arias, Sonia Mendoza. (Receipt #AM001114) (Signed by Judge Mary Lou Robinson on 9/21/07) (djs) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

PACER
7

AFFIDAVIT of Service for Complaint, Certificate of Interested Parties and Summons to ICE, Homeland Security, Julie L. Meyers and Standing Order for Cases Enrolled for ECF System sent certified mail return receipt requested and served on Attorney General of the U.S. on September 18, 2007. (Russ, Philip) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

PACER
8

AFFIDAVIT of Service for Original Complaint, Certificate of Interested Parties, Summons on ICE, Summons on Julie Meyers, Summons on Michael Chertoff, Standing Order for ECF served on U.S. Department of Homeland Security, ICE on 09/21,2007. (Russ, Philip) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
9

AFFIDAVIT of Service for Original complaint, Certificate of Interested Parties, Summons to U.S. Department of Homeland Security and Standing Order on ECF affidavit of mailing of courtesy copy served on U.S. Department of Homeland Security on 09/21/2007. (Russ, Philip) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
10

SUMMONS Returned Executed as to Julie L Myers ; served on 9/21/2007. (Russ, Philip) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
11

ORDER REGARDING APPLICATION FOR ADMISSION PRO HAC VICE - Attorney Peter Schey has applied for leave to appear pro hac vice as co-counsel for Pltfs but has not answered all of the questions on his application form. The Court will not grant leave to appear unless the requisite form has been fully completed. Court staff have attempted on numerous occasions to communicate with Mr. Schey regarding deficiencies in this application, however, the only phone number listed on the application was not answered. Co-counsel are informed that if they wish to appear in this action at all they must provide a reliable means of telephonic communication so that they can be contacted, even upon short notice if necessary. (Signed by Judge Mary Lou Robinson on 10/2/07) (plh) (Entered: 10/03/2007)

Oct. 2, 2007

Oct. 2, 2007

PACER
12

Application and Order for Admission Pro Hac Vice by Edward P Wendel for all plaintiffs (Receipt #AM001121) (Signed by Judge Mary Lou Robinson on 10/4/07) (djs) Modified on 10/4/2007 (djs). (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER
13

Application and Order for Admission Pro Hac Vice by Gening Liao for all plaintiffs (Receipt #AM001121) (Signed by Judge Mary Lou Robinson on 10/4/07) (djs) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER
14

Application and Order for Admission Pro Hac Vice by Peter A Schey for all Pltfs (Signed by Judge Mary Lou Robinson on 11/5/07) (plh) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
15

AFFIDAVIT of Service for Summons w/ copy of Complaint, Certificate of Interested Parties, Summons to ICE, Summons to Julie Meyers and Standing Order for ECF system served on Michael Chertoff on 10/02/2007. (Russ, Philip) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

PACER
16

NOTICE of Attorney Appearance by Victor M Lawrence for Gordon Bryant on behalf of all defendants. (Lawrence, Victor) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
17

NOTICE of Attorney Appearance by Christopher W Hollis on behalf of Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100. (Hollis, Christopher) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

PACER
18

MOTION to Dismiss Complaint by Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100 with Brief/Memorandum in Support. (Attachments: # 1 Affidavit Declaration of Matt Allen# 2 Exhibit Exhibits 1-3) (Hollis, Christopher) (Entered: 11/13/2007)

1 Affidavit Declaration of Matt Allen

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2 Affidavit Declaration of Matt Allen

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3 Exhibit Exhibits 1-3

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Nov. 13, 2007

Nov. 13, 2007

PACER
19

ORDER - In light of the complexity of this case and the schedules of counsel, the parties by and through their undersigned counsel stipulate that Pltfs' Opposition to Dfts' Motion to Dismiss may be filed and served via email and overnight delivery on or before 12/27/07; and that Dfts' Reply to Pltfs' Opposition may be filed and served via email and overnight delivery on or before 1/28/08., Set/Reset Deadlines as to 18 Motion to Dismiss,. Responses due by 12/27/2007 (Signed by Judge Mary Lou Robinson on 12/4/07) (plh) (Entered: 12/05/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
20

MOTION to Certify Class by United Food and Commercial Workers International Union with Brief/Memorandum in Support. (Schey, Peter) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
21

CERTIFICATE OF CONFERENCE regarding 20 Motion for Class Certification by United Food and Commercial Workers International Union (Schey, Peter) Modified on 12/14/2007 (plh). (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

PACER
22

UNOPPOSED MOTION to Extend Time enlarge time for defendants to respond to plaintiffs' 20 motion for class certification by Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100 (Lawrence, Victor) Modified on 12/27/2007 (plh). (Entered: 12/27/2007)

Dec. 27, 2007

Dec. 27, 2007

PACER
23

RESPONSE in Opposition filed by United Food and Commercial Workers International Union to Defendants 18 Motion to Dismiss (Attachments: # 1 Exhibit to Opposition to Motion to Dismiss) (Schey, Peter) Modified on 12/28/2007 (jeh). (Entered: 12/27/2007)

2 Exhibit to Opposition to Motion to Dismiss

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Dec. 27, 2007

Dec. 27, 2007

PACER
24

ORDER granting 22 Motion for Enlargement of Time to File Response. Responses to Plaintiffs' motion for class certification due by 2/28/2008 (Signed by Judge Mary Lou Robinson on 12/28/07) (djs) Modified on 1/2/2008 (djs). (Entered: 01/02/2008)

Dec. 28, 2007

Dec. 28, 2007

PACER
25

MOTION for Leave to File Brief of Amici Curiae in Support of Plaintiffs' Opposition to Motion to Dismiss Complaint by American Friends Service Committee, Asian Pacific American Labor Alliance, AFL-CIO, Casa de Maryland, Center for New Community, Change to Win, La Gente Unida, Instituto Laboral de La Raza, Interfaith Worker Justice, International Brotherhood of Teamsters, International Brotherhood of Teamsters Local 97, Jobs with Justice, Minnesota Advocates for Human Rights, Labor Council for Latin American Advancement, Laborer's International Union of North America, Latinos Unidos, Los Amigos of Orange County, Los Angeles County Federation of Labor AFL-CIO, Minority Coalition, National Asian Pacific American Women's Forum, National Immigration Law Center, National Immigration Project of the National Lawyers Guild, National Korean American Service and Education Consortium, National Organization of Women, New Sanctuary Movement, Partnership for Working Families, Service Employees International Union, Southern Poverty Law Center, Sweatshop Watch, Texas Civil Rights Project, UFCW Women's Network, UNITE HERE, United Latinos of the UFCW (Attachments: # 1 Text of Proposed Order) (djs) (Entered: 01/02/2008)

2 Text of Proposed Order

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Dec. 28, 2007

Dec. 28, 2007

PACER
26

FIRST AMENDED MOTION for Leave to File Brief of Amici Curiae in Support of Plaintiff's Opposition to Motion to Dismiss Complaint by American Friends Service Committee, Asian Pacific American Labor Alliance AFL-CIO, Casa de Maryland, Center for New Community, Change to Win, La Gente Unida, Instituto Laboral de La Raza, Interfaith Worker Justice, International Brotherhood of Teamsters, International Brotherhood of Teamsters Local 97, Jobs with Justice, Minnesota Advocates for Human Rights, Labor Council for Latin American Advancement, Laborer's International Union of North America, Latinos Unidos, Los Amigos of Orange County, Los Angeles County Federation of Labor AFL-CIO, Minority Coalition of the UFCW, National Asian Pacific American Women's Forum, National Immigration Law Center, National Immigration Project of the National Lawyers Guild, National Korean American Service and Education Consortium, National Organization of Women, New Sanctuary Movement, Partnership for Working Families, Service Employees International Union, Southern Poverty Law Center, Sweatshop Watch, Texas Civil Rights Project, UFCW Women's Network, UNITE HERE, United Latinos of the UFCW (Attachments: # 1 Text of Proposed Order) (djs) (Entered: 01/03/2008)

2 Text of Proposed Order

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Jan. 3, 2008

Jan. 3, 2008

PACER
27

Supplemental Declaration in Support of Opposition to Motion to Dismiss ( 23 RESPONSE in Opposition) to Defendants to 18 Motion to Dismiss filed by Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza (Attachments: # 1 Supplement Supplemental Declaration in Opposition to Motion to Dismiss) (Schey, Peter) Modified on 1/4/2008 (jeh) (Entered: 01/03/2008)

2 Supplement Supplemental Declaration in Opposition to Motion to Dismiss

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Jan. 3, 2008

Jan. 3, 2008

PACER
28

ORDER FOR IMMEDIATE RESPONSE - setting Immediate Deadline as to 26 Amended Motion for Leave to File proposed amici brief. Defendants Responses due immediately. (Signed by Judge Mary Lou Robinson on 1/4/08) (jeh) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

PACER
30

OPPOSITION to 26 Amici Curiae Motion for Leave to File Brief by Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100 (Hollis, Christopher) Modified on 1/8/2008 (plh). Modified on 1/8/2008 (plh). (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER
31

REPLY TO RESPONSE filed by Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100 re 18 MOTION to Dismiss Complaint (Hollis, Christopher) Modified on 1/29/2008 (plh). (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

PACER
32

RESPONSE and Brief in Opposition filed by Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100 re 20 MOTION to Certify Class (Hollis, Christopher) Modified on 2/29/2008 (plh). (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

PACER
33

ORDER Denying Motion for Leave to Appear and File Amicus Brief - terminating 25 Motion for Leave to Appear and File Amicus Brief; denying 26 First Amended Motion for Leave to Appear and File Amicus Brief. (Signed by Judge Mary Lou Robinson on 3/25/08) (jeh) (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

PACER
34

ORDER denying 20 Motion to Certify Class (Ordered by Judge Mary Lou Robinson on 3/4/09) (plh) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
35

NOTICE Defendants' Advisory to the Court Regarding Recent Decision filed by Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100 (Attachments: # 1 Exhibit Ex. A--Barrera Order) (Hollis, Christopher) (Entered: 04/02/2009)

2 Exhibit Ex. A--Barrera Order

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April 2, 2009

April 2, 2009

PACER
36

NOTICE of Plaintiffs' Response to Defendants' Advisory of Court Decision re: 35 Notice - Advisory of Court Decision filed by Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza (Attachments: # 1 Exhibit to Response to Advisory) (Liao, Gening) Modified on 4/16/2009 (plh). (Entered: 04/15/2009)

2 Exhibit to Response to Advisory

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April 15, 2009

April 15, 2009

PACER
37

NOTICE Defendants' Reply Supporting Defendants' Advisory to the Court Regarding Recent Decision re: 35 Notice - Advisory to the Court regarding Recent Decision filed by Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100 (Hollis, Christopher) Modified on 4/30/2009 (plh). (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

PACER
38

ORDER - Court converts Doc #18 to a Motion for Summary Judgment. Dfts are to file their brief in support of summary judgment by Friday, October 16, 2009. Pltfs are to file their responsive brief by Monday, November 2, 2009. Dfts are to file their reply brief by Tuesday, November 17, 2009. Additional evidence, if any, which the parties wish the Court to consider on summary judgment should be filed with their briefs due on October 16 and November 2, 2009. When filing these briefs the parties are to restyle this case to reflect the current office holders for the Secretary of DHS and the Asst. Secretary of ICE. Motions terminated: 18 MOTION to Dismiss Complaint filed by United States Immigration and Customs Enforcement, Michael Chertoff, Julie L Myers, John and Jane Does 1-100. (Ordered by Judge Mary Lou Robinson on 9/16/09) (plh) (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
39

Joint MOTION for Extension of Time to File Response to the Court's Order dated September 16, 2009 Joint Motion and Stipulation for Enlargement of Time for Parties to Respond to the Court's Order filed by Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza (Hollis, Christopher) (Entered: 10/14/2009)

Oct. 14, 2009

Oct. 14, 2009

PACER
40

ORDER granting 39 Motion for Extension of Time to File Response to the Court's Order. Dfts are to file their brief in support of summary judgment by Friday, 10/30/09. Pltfs are to file their responsive brief by Monday, 11/30/09. Dfts are to file their reply brief by Tuesday, 12/15/09. (Ordered by Judge Mary Lou Robinson on 10/15/09) (plh) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

PACER
41

MOTION for Summary Judgment filed by Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100 (Hollis, Christopher) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

PACER
42

Brief/Memorandum in Support filed by Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100 re 41 MOTION for Summary Judgment Defendants' Brief in Support of Their Motion for Summary Judgment (Attachments: # 1 Appendix Defendants' Appendix in Support of Their Motion for Summary Judgment) (Hollis, Christopher) (Entered: 10/29/2009)

2 Appendix Defendants' Appendix in Support of Their Motion for Summary Judgme

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Oct. 29, 2009

Oct. 29, 2009

PACER
43

JOINT MOTION for Extension of Time to File Response/Reply re: 38 Order filed by Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, Michael Chertoff, Julie L Myers, United States Immigration and Customs Enforcement, John and Jane Does 1-100, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza (Attachments: # 1 Text of Proposed Order) (Liao, Gening) Modified on 12/1/2009 (plh). (Entered: 11/30/2009)

2 Text of Proposed Order

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Nov. 30, 2009

Nov. 30, 2009

PACER
44

ORDER granting 43 Motion to Extend Time to File Response/Reply to Motion for Summary Judgment. Responses due by Tuesday, 12/15/2009. Dft's reply brief shall be filed by Friday, 1/15/10. (Ordered by Judge Mary Lou Robinson on 12/1/2009) (plh) (Entered: 12/01/2009)

Dec. 1, 2009

Dec. 1, 2009

PACER
45

RESPONSE (Opposition) filed by Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza re: 41 MOTION for Summary Judgment (Liao, Gening) Modified on 12/16/2009 (plh). (Entered: 12/15/2009)

Dec. 15, 2009

Dec. 15, 2009

46

Brief/Memorandum in Support filed by Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza re 45 Response/Objection, Opposition to Motion for Summary Judgment (Liao, Gening) (Entered: 12/15/2009)

Dec. 15, 2009

Dec. 15, 2009

47

MOTION (request) for Leave to E−File Appendix One Day After Brief filed by Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza (Liao, Gening)

Dec. 16, 2009

Dec. 16, 2009

49

ADDITIONAL ATTACHMENTS to 48 Appendix in Support, by Plaintiffs Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza. (Attachments: # 1 Appendix Part Seven, # 2 Appendix Part Eight, # 3 Appendix Part Nine, # 4 Appendix Part Ten) (Liao, Gening) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

50

ADDITIONAL ATTACHMENTS to 48 Appendix in Support, by Plaintiffs Rosalva Rodriguez, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza. (Attachments: # 1 Appendix Part Twelve, # 2 Appendix Part Thirteen, # 3 Appendix Part Fourteen, # 4 Appendix Part Fifteen) (Liao, Gening) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

51

ADDITIONAL ATTACHMENTS to 48 Appendix in Support, by Plaintiffs Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza. (Attachments: # 1 Appendix Part Seventeen, # 2 Appendix Part Eighteen, # 3 Appendix Part Nineteen, # 4 Appendix Part Twenty) (Liao, Gening) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

52

ADDITIONAL ATTACHMENTS to 48 Appendix in Support, by Plaintiffs Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza. (Attachments: # 1 Appendix Part Twenty Two, # 2 Appendix Part Twenty Three, # 3 Appendix Part Twenty Four, # 4 Appendix Part Twenty Five) (Liao, Gening) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

53

ADDITIONAL ATTACHMENTS to 48 Appendix in Support, by Plaintiffs Rosalva Rodriguez, Candace Michelle Svenningsen, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza. (Attachments: # 1 Appendix Part Twenty Seven, # 2 Appendix Part Twenty Eight, # 3 Appendix Part Twenty Nine, # 4 Appendix Part Thirty) (Liao, Gening) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

54

ADDITIONAL ATTACHMENTS to 48 Appendix in Support, by Plaintiffs Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza. (Attachments: # 1 Appendix Part Thirty Two, # 2 Appendix Part Thirty Three, # 3 Appendix Part Thirty Four, # 4 Appendix Part Thirty Five) (Liao, Gening) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

55

ADDITIONAL ATTACHMENTS to 48 Appendix in Support, by Plaintiffs Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza. (Attachments: # 1 Appendix Part Thirty Seven, # 2 Appendix Part Thirty Eight, # 3 Appendix Part Thirty Nine, # 4 Appendix Part Forty, # 5 Appendix Part Forty One) (Liao, Gening) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

56

ORDER Granting Motion for Leave to File Appendix − granting 47 Motion for Leave to File appendix one day out of time. (Ordered by Judge Mary Lou Robinson on 1/4/2010) (jeh) (Entered: 01/04/2010)

Jan. 4, 2010

Jan. 4, 2010

57

NOTICE of Attorney Appearance by Theodore William Atkinson on behalf of all defendants. (Atkinson, Theodore) (Entered: 01/08/2010)

Jan. 8, 2010

Jan. 8, 2010

59

First MOTION for Protective Order filed by United States Immigration and Customs Enforcement, John and Jane Does 1−100, John T Morton with Brief/Memorandum in Support. (Attachments: # 1 Exhibit Exhibit A) (Lawrence, Victor) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

60

Ex Parte MOTION to Extend Time of time to file response filed by Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza (Attachments: # 1 Text of Proposed Order) (Liao, Gening) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

61

OPPOSITION filed by Rosalva Rodriguez, Candace Michelle Svenningsen, Michael Ray Graves, Alicia Rodriguez, Sergio B Rodriguez, United Food and Commercial Workers International Union, Rosa Arellano, Delfina Arias, Sonia Mendoza re: 59 First MOTION for Protective Order (Liao, Gening) Modified on 2/9/2010 (plh). (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

62

RESPONSE filed by United States Immigration and Customs Enforcement, John and Jane Does 1−100, Janet Napolitano, John T Morton re: 60 Ex Parte MOTION to Extend Time of time to file response (Atkinson, Theodore) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

63

ORDER granting 60 Motion for Enlargement of Time to File Response. Responses due by 2/5/2010 to Motion for Protective Order. The Court will consider Pltfs' response filed on 2/5/10 to have been timely filed. (Ordered by Judge Mary Lou Robinson on 2/17/2010) (plh) (Entered: 02/18/2010)

Feb. 17, 2010

Feb. 17, 2010

64

Consent MOTION for Extension of Time to File Response/Reply filed by United States Immigration and Customs Enforcement, John and Jane Does 1−100, Janet Napolitano, John T Morton (Attachments: # 1 Text of Proposed Order) (Atkinson, Theodore) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

65

ORDER granting 64 Motion to Extend Time to File Response to Motion for Protective Order. Responses due by 2/26/2010 (Ordered by Judge Mary Lou Robinson on 2/19/2010) (plh) (Entered: 02/22/2010)

Feb. 19, 2010

Feb. 19, 2010

66

REPLY filed by United States Immigration and Customs Enforcement, John and Jane Does 1−100, Janet Napolitano, John T Morton re: 59 First MOTION for Protective Order (Atkinson, Theodore) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

67

ORDER Granting 59 Defendants' Motion for Protective Order pending a ruling on the issues raised in their motion for summary judgment. See Order for specifics. (Ordered by Judge Mary Lou Robinson on 10/8/2010) (chmb) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

69

FINAL JUDGMENT − Ordered, Adjudged and Decreed that the Pltfs take nothing any and all claims and cause of action asserted in this lawsuit against all of the Dfts, and it is Further Ordered, Adjudged and Decreed that the Dfts are entitled to their reasonable and necessary costs in this action, for which let execution issue. (Ordered by Judge Mary Lou Robinson on 3/11/2011) (plh) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

68

MEMORANDUM OPINION Granting 41 Defendants' Motion for Summary Judgment -- Defendants are entitled to summary judgment on the claims brought by all Plaintiffs. (Ordered by Judge Mary Lou Robinson on 3/11/2011) (chmb)

March 11, 2011

March 11, 2011

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 12, 2007

Closing Date: March 11, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons subjected to group detention without a warrant or reasonable suspicion that they were unlawful immigrants, during workplace enforcement activities by ICE.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Human Rights & Constitutional Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures