Case: Diouf v. Chertoff

2:07-cv-03977 | U.S. District Court for the Central District of California

Filed Date: June 19, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On June 19, 2007, the ACLU of Southern California, along with cooperating attorneys, filed a class action lawsuit in the U.S. District Court for the Central District of California in an attempt to stop the practice of federal immigration officials forcibly drugging people facing deportation. The named plaintiffs are Amadou Diouf, a native of Senegal who entered the U.S. in 1996 on a student visa and subsequently married a U.S. citizen, and Raymond Soeoth, an Indonesian citizen and ordained Chri…

On June 19, 2007, the ACLU of Southern California, along with cooperating attorneys, filed a class action lawsuit in the U.S. District Court for the Central District of California in an attempt to stop the practice of federal immigration officials forcibly drugging people facing deportation. The named plaintiffs are Amadou Diouf, a native of Senegal who entered the U.S. in 1996 on a student visa and subsequently married a U.S. citizen, and Raymond Soeoth, an Indonesian citizen and ordained Christian minister, who entered the U.S. in 1999 and sought political asylum. Plaintiffs alleged violations of the Due Process Clause of the Fifth Amendment and the Federal Tort Claims Act. They sought declaratory and injunctive relief, as well as monetary damages for the named plaintiffs.

Both plaintiffs, in separate incidents, were allegedly forcibly injected with Haldol and Cogentin, powerful anti-psychotic drugs, by officers of Bureau of Immigration and Customs Enforcement (ICE). Neither plaintiff exhibited any sign of mental illness or instability, nor was either examined by a physician prior to being drugged.

The ACLU claimed that federal immigration officials had publicly admitted to injecting deportees with drugs in order to render them less agitated and combative during deportation. Officials, however, have denied that the practice was unlawful.

Shortly after initiating the lawsuit, plaintiffs filed a motion for a preliminary injunction, class certification and expedited limited discovery. The government filed opposition papers to plaintiffs' motion. The government further responded by moving to dismiss the lawsuit on jurisdictional grounds.

At the defendants' request, the District Court (Judge Terry J. Hatter Jr.) stayed all proceedings pending the resolution of defendants' motion to dismiss. Plaintiffs filed an emergency appeal to the Ninth Circuit in an attempt to have the stay vacated. The Ninth Circuit declined and remanded the case.

On October 29, 2007, Judge Hatter entered an order denying defendants' motion to dismiss plaintiffs' equitable claims. Plaintiffs then filed amended motions for class certification and injunctive relief. Shortly thereafter, the parties agreed to mediate the case and the Court entered an agreed upon order staying further proceedings pending mediation.

On January 9, 2008, ICE released a memo, announcing changes to its policy regarding the administration of drugs to deportees. Under the new ICE policy, a court order was required before forcibly administering drugs to individuals during removal, and will be authorized only if the court finds that the medication is necessary to remove the individual.

The parties reached a settlement on January 28, 2008, the terms of which are unknown. On May 6, 2008, the case was dismissed with prejudice.

Summary Authors

Dan Dalton (5/31/2008)

Related Cases

Diouf v. Napolitano, Central District of California (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6295700/parties/amadou-lamine-diouf-v-michael-chertoff/


Judge(s)

Hatter, Terry J. Jr. (California)

Turchin, Carolyn (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Kristovich, Stephen M. (California)

Phillips, Bradley S. (California)

Rafeedie, Fadia I (California)

Rosenbaum, Mark Dale (California)

Rowley, Fred A. Jr. (California)

Attorneys(s) for Defendant

Glaser, Sheri R. (District of Columbia)

Martin, Edward J. (District of Columbia)

Judge(s)

Hatter, Terry J. Jr. (California)

Turchin, Carolyn (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Kristovich, Stephen M. (California)

Phillips, Bradley S. (California)

Rafeedie, Fadia I (California)

Rosenbaum, Mark Dale (California)

Rowley, Fred A. Jr. (California)

Attorneys(s) for Defendant

Glaser, Sheri R. (District of Columbia)

Martin, Edward J. (District of Columbia)

Documents in the Clearinghouse

Document

2:07-cv-03977

Docket (PACER)

May 6, 2008

May 6, 2008

Docket

ACLU Press Release - Two Men Given Powerful Drugs Against Their Will

Diouf v. Chertoff

No Court

May 8, 2007

May 8, 2007

Press Release

Press Release -- Lawsuit Seeks to Stop U.S. From Drugging Immigrants -- ACLU/SC and Law Firm Sue for Damages for Two Men Forcibly Sedated

Diouf v. Chertoff

No Court

June 19, 2007

June 19, 2007

Press Release
48

2:07-cv-03977

Order

Oct. 29, 2007

Oct. 29, 2007

Order/Opinion
56

2:07-cv-03977

Joint Stipulation And Order Requesting Stay Of All Proceedings

Nov. 29, 2007

Nov. 29, 2007

Order/Opinion

Memo to Assistant Directors, Deputy Assistant Directors, Field Office Directors, Deputy Field Office Directors

No Court

Jan. 9, 2008

Jan. 9, 2008

Correspondence

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6295700/amadou-lamine-diouf-v-michael-chertoff/

Last updated Sept. 1, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, Stevenson, John Does 1-3, Brinkley, John Doe 4, Porter, John Doe 5. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (et) (Entered: 06/25/2007)

June 19, 2007

June 19, 2007

PACER

Summons Issued

June 19, 2007

June 19, 2007

PACER

60 DAY Summons Issued re Complaint - (Discovery) 1 as to Michael Chertoff, Neil Sampson. (et)

June 19, 2007

June 19, 2007

PACER

20 DAY Summons Issued re Complaint - (Discovery) 1 as to David Martin, Tobe Propst, Stevenson, John Does 1-3, Brinkley, John Doe 4, Porter, John Doe 5. (et)

June 19, 2007

June 19, 2007

PACER
2

NOTICE of Interested Parties filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (et) (Entered: 06/25/2007)

June 19, 2007

June 19, 2007

PACER

(TERMED)Fax Number

June 19, 2007

June 19, 2007

PACER

FAX number for Attorney Ahilan T Arulanantham, Mark D Rosenbaum is 213-250-3919. (et)

June 19, 2007

June 19, 2007

PACER

FAX number for Attorney Fadia I Rafeedie, Fred A Rowley, Jr is 213-687-3702. (et)

June 19, 2007

June 19, 2007

PACER
3

NOTICE of Related Case(s) filed by plaintiff Amadou Lamine Diouf. Related Case(s): CV 06-7451-TJH(CT) and CV 07-7452-TJH(FMO) (tami) Modified on 6/28/2007 (tami, ). (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

PACER

Alias Summons issued

June 28, 2007

June 28, 2007

PACER
4

INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE MATZ: Counsel for plaintiff shall serve this Order on all defendant and/or their counsel along with the summons and complaint, or if that is not practicable as soon as possible thereafter. If this case was assigned to this Court after being removed from State Court, the defendant who removed the case shall serve this Order on all other parties. This case have been assigned to the calendar of Judge A. Howard Matz. (jp) (Entered: 06/29/2007)

June 28, 2007

June 28, 2007

PACER

ALIAS SUMMONS issued as to Defendants Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, Stevenson, John Does 1-3, Brinkley, John Doe 4, Porter, John Doe 5 (bg)

June 28, 2007

June 28, 2007

PACER
6

ERRATUM AND CORRECTED COMPLAINT against defendants Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, Stevenson, John Does 1-3, Brinkley, John Doe 4, Porter, John Doe 5 correcting Complaint - (Discovery), Complaint - (Discovery) 1,filed by plaintiffs Amadou Lamine Diouf, Raymond Soeoth (bg) (Entered: 07/05/2007)

June 29, 2007

June 29, 2007

PACER
5

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related Case- filed. Related Case No: CV 03-6436 TJH (CT). Case transfered from Judge Stephen J. Hillman and A. Howard Matz to Judge Terry J. Hatter, Jr and Carolyn Turchin for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 07-3977 TJH (CTx).Signed by Judge Terry J. Hatter Jr(rn) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

PACER
8

PROOF OF SERVICE; served on July 6, 2007; filed by plaintiffs; Minutes of In Chambers Order/Directive 7 (ear) (Entered: 07/23/2007)

July 6, 2007

July 6, 2007

PACER
10

1 Plaintiffs' EX PARTE APPLICATION to Shorten Time for Hearing on plaintiffs' motion for (i)briefing/hearing schedule on preliminary injunction and class certification motions; (ii) limited, expedited discovery related thereto; and (iii)enlargement of page limits; 2 Declaration of Ahilan Arulanantham ([proposed order] order concurrently lodged) (ear) (Entered: 07/24/2007)

July 6, 2007

July 6, 2007

PACER
11

Opposition to EX PARTE APPLICATION to Shorten Time for Hearing 10 filed by Defendants Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, Porter. (bg) (Entered: 07/25/2007)

July 10, 2007

July 10, 2007

PACER
9

REQUEST to Reconsider Order to Transfer filed by Federal Defendants Michael Chertoff, Neil Sampson. (bg) (Entered: 07/24/2007)

July 11, 2007

July 11, 2007

PACER
12

REPLY Memorandum in support of EX PARTE APPLICATION to Shorten Time for Hearing 10 filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (bg) (Entered: 07/25/2007)

July 11, 2007

July 11, 2007

PACER
7

MINUTES OF IN CHAMBERS ORDER held before Judge Terry J. Hatter Jr: The court is in receipt of Plaintiff's ex parte application to shorten time for hearing on plaintiffs' motion for briefing/hearing schedule on preliminary injunction and class certification motion, limited expedited discovery related thereto and enlargement of page limits, filed July 6, 2007.The court having read and considered said motion, hereby DENIES the Plaintiff's ex parte application and orders Plaintiff to file this by way of a regular noticed motion.(ys) (Entered: 07/13/2007)

July 13, 2007

July 13, 2007

PACER
13

NOTICE OF MOTION AND MOTION for Briefing/Hearing Schedule on preliminary injunction and MOTION to Class Certification Motions and (ii) limited, expedited discovery related thereto; Memorandum of Points and Authorities and declaration of Ahilan Arulanantham filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth.Motion set for hearing on 8/6/2007 UNDER SUBMISSION before Judge Terry J. Hatter Jr. Lodged Proposed Order. (et) Modified on 7/30/2007 (et ). (Entered: 07/30/2007)

July 13, 2007

July 13, 2007

PACER
16

OPPOSITION of federal defendants Chertoff, Sampson, Martin, Propst, Stevenson, Brinkley, and Porter (in their official capacities only) to plaintiffs' Motion for (i) briefing/hearing schedule on preliminary injunction and class certification motions and (ii) limited expedited discovery related thereto; filed by defendants Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, Stevenson, Brinkley, Porter; MOTION for Hearing MOTION to Certify Class 13 (ear) (Entered: 08/08/2007)

July 24, 2007

July 24, 2007

PACER
17

REPLY MEMORANDUM in support of MOTION for Briefing/Hearing Schedule on preliminary injunction and MOTION to Class Certification Motions and (ii) limited, expedited discovery related thereto 13 filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. Declaration of Stephen M Kristovich. (ad) (Entered: 08/20/2007)

July 27, 2007

July 27, 2007

PACER
14

NOTICE OF MOTION AND MOTION for Class Certification filed by plaintiffs Amadou Lamine Diouf, Raymond Soeoth. Memorandum of points and authorities; Declaration of Mark D Roesnbaum; Declaration of Ahilan T Arulanantham; Declartion of Bradley S PhillipsMotion set for hearing (taken under submission) Lodged proposed order. (bg) (Entered: 08/01/2007)

July 31, 2007

July 31, 2007

PACER
15

NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by plaintiffs Amadou Lamine Diouf, Raymond Soeoth. Memorandum of points and authorities; Exhibits in supportMotion set for hearing on (taken under submission) Lodged proposed order. (bg) (Entered: 08/01/2007)

July 31, 2007

July 31, 2007

PACER
19

EX PARTE APPLICATION for Order permitting defendants to file a surreply to plaintiffs' reply memorandum in support of motion for (i)briefing/hearing on preliminary injunction and class certification motions, and (ii) limited expedited discovery related thereto; memorandum of points and authorities; declaration; filed by Federal defendants.lodged proposed order and surreply(ys) (Entered: 08/30/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
18

Opposition to Defendants Ex Parte Application for Order Permitting Defendants to File A Surreply filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (bg) (Entered: 08/28/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
21

AMENDED NOTICE of motion for preliminary injunction,filed by plaintiffs Amadou Lamine Diouf. (ys) (Entered: 09/04/2007)

Aug. 27, 2007

Aug. 27, 2007

PACER
22

AMENDED NOTICE of motion for class certification, filed by plaintiff Amadou Lamine Diouf. (ys) (Entered: 09/04/2007)

Aug. 27, 2007

Aug. 27, 2007

PACER
23

NOTICE OF MOTION AND MOTION to Dismiss case filed by defendants for the United States Michael Chertoff.Motion set for hearing on 9/24/2007, now taken under submission before Judge Terry J. Hatter Jr. Lodged memorandum of points. (ys) (Entered: 09/04/2007)

Aug. 27, 2007

Aug. 27, 2007

PACER
24

EX PARTE APPLICATION requesting stay of LR 26-2 and a stay of further briefing of Plaintiffs' MOTION to Certify Class 14, MOTION for Preliminary Injunction 15 filed by defendant Michael Chertoff, and expedited discovery pending this court's adjudication of United States Defendant's dispositive motion; memo of points and authorities; declarations of Sheri Glaser and Gjon Juncaj;lodged proposed order.(ys) (Entered: 09/04/2007)

Aug. 28, 2007

Aug. 28, 2007

PACER
25

OPPOSITION BY PLAINTIFF to Defendants EX PARTE APPLICATION to Stay Case filed by Plaintiff Amadou Lamine Diouf;declaration of Stephen M. Kristovich (ys) (Entered: 09/04/2007)

Aug. 29, 2007

Aug. 29, 2007

PACER
26

REPLY to plaintiffs opposition to defendants' ex parte application for a stay, filed by Defendant Michael Chertoff; exhibits A & B (ys) (Entered: 09/04/2007)

Aug. 30, 2007

Aug. 30, 2007

PACER
20

STIPULATION AND ORDER by Judge Terry J. Hatter Jr: IT IS HEREBY ORDERED that the consolidated response date for Defendants Michael Chertoff; Neil Sampson; David Martin; Tobe Propst; Minerva Stevenson; Jeffry Brinkley ; and Mark Porter (in their individual capacity) to plead or otherwise respond to the Complaint is 10/9/2007. (pcl) (Entered: 09/04/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
27

ORDER by Judge Terry J. Hatter Jr, re EX PARTE APPLICATION to Stay Case pending of LR 26-2 and a stay re: MOTION to Certify Class 14, MOTION for Preliminary Injunction 15 EX PARTE APPLICATION to Stay Case pending of LR 26-2 and a stay re: MOTION to Certify Class 14, MOTION for Preliminary Injunction 15 24 is granted. (yc) (Entered: 09/06/2007)

Sept. 5, 2007

Sept. 5, 2007

PACER
28

MINUTES OF IN CHAMBERS ORDER held before Judge Terry J. Hatter Jr: Counsel are hereby notified that the Order staying Local Rule 26-1 requirements and a stay of proceedings, etc., document #27, was filed on 9/5/07. It was the court's intent to check off the box as follows: Good cause having been shown, said application is GRANTED, and proceedings are stayed as they relate to Plaitniff's motion for preliminary injunction, class certification, expedited discovery, and Local Rule 26-1 requirements, pending this Court's adjudication of the defendant's motion to dimsiss. The docket will reflect this information.(bg) (Entered: 09/11/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
29

Opposition to MOTION to Dismiss case 23 filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (tami) (Entered: 09/12/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
30

APPENDIX OF UNPUBLISHED DECISIONS IN SUPPORT OF PLAINTIFFS' OPPOSITION to MOTION to Dismiss case 23 filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (tami) (Entered: 09/12/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
31

Unopposed EXPARTE APPLICATION for Order Extending the Deadline for Defendant United States to File Its Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss; Memorandum of Points and Authorities; Declaration of Sheri R. Glaser filed by Defendant United States Lodged Order.(jl) (Entered: 09/17/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
32

ORDER by Judge Terry J. Hatter Jr, re EXPARTE APPLICATION for Extension of Time to File 31 Defendant be granted an extension to file its Reply to Plaintiffs Opposition to its Motion to Dismiss from 9/17/07 to 9/20/07. (bg) (Entered: 09/20/2007)

Sept. 17, 2007

Sept. 17, 2007

PACER
33

REPLY Memorandum in support of its MOTION to Dismiss case 23 filed by Defendants Michael Chertoff, Neil Sampson. (lw) (Entered: 09/21/2007)

Sept. 20, 2007

Sept. 20, 2007

PACER
34

1 EX PARTE APPLICATION for Leave to File Surreply In Opposition to United States' Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof 2 Declaration of Bradley S. Phillips In Support of (A)Plaintiffs' Ex Parte Application; and (B) Plaintiffs' Surreply filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. Lodged Proposed Order; Surreply(jl) (Entered: 09/28/2007)

Sept. 27, 2007

Sept. 27, 2007

PACER
35

APPENDIX of Unpublished Decisions in Support of Plaintiffs' Surreply in Opposition to the United States' Motion to Dismiss filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. Re: (jl) (Entered: 09/28/2007)

Sept. 27, 2007

Sept. 27, 2007

PACER
36

MEMORANDUM in Opposition to Plaintiff's EX PARTE APPLICATION for Leave to File Surreply In Opposition to United States' Motion to Dismiss 34 filed by Defendants Michael Chertoff, Neil Sampson. (lw) (Entered: 10/03/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
37

ORDER by Judge Terry J. Hatter Jr DENYING EX PARTE APPLICATION for Leave to File Surreply In Opposition to United States' Motion to Dismiss 34 . (jp) (Entered: 10/05/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
38

NOTICE OF MOTION AND MOTION to Dismiss Complaint, MOTION for Summary Judgment filed by Federal Defendants Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, Stevenson, Brinkley, Porter.Motion set for hearing on 11/5/2007 at 10:00 AM before Judge Terry J. Hatter Jr. Lodged Proposed Judgment. (jl) (Entered: 10/05/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
39

NOTICE OF MOTION AND MOTION to Dismiss individual Federal defendants Michael Chertoff,Neil Sampson, David Martin, Tobe Propst, Stevenson, Brinkley,filed by defendants Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, Stevenson, Brinkley, Porter.; memo in support of application; exhibits 1-11; (ys) (Entered: 10/09/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
40

APPENDIX OF UNPUBLISHED DECISIONS in support of, filed by Defendants Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, Stevenson, Brinkley, Porter;MOTION to Dismiss defendant Michael Chertoff, David Martin, Tobe Propst, Stevenson, Brinkley, Porter 39 w/tabs 1-7; (ys) (Entered: 10/09/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
41

APPENDIX OF UNPUBLISHED DECISIONS IN support of,filed by Defendant David Martin,MOTION to Dismiss Complaint or in alter MOTION for Summary Judgment 38 w/tabs 1-3 (ys) (Entered: 10/09/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
42

EX PARTE APPLICATION for Reconsideration of Order staying Plaintiffs' motions for preliminary injunction and class certification; exhibits, 27, 28 filed by Plaintiff Amadou Lamine Diouf, Raymond Soeoth. Lodged Order.(lom) (Entered: 10/15/2007)

Oct. 9, 2007

Oct. 9, 2007

PACER
43

DECLARATION of Ahilan T. Arulanantham in support EX PARTE APPLICATION for Reconsideration re Order staying plaintiffs' motions for preliminary injunction and class certification 27, 28, 42 filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (lom) (Entered: 10/15/2007)

Oct. 9, 2007

Oct. 9, 2007

PACER
44

MEMORANDUM of Points and Authorities in suppot of EX PARTE APPLICATION for Reconsideration of re Order staying plaintiffs' motions for a preliminary injunction and class certification 27, 28, 42 filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (lom) (Entered: 10/15/2007)

Oct. 9, 2007

Oct. 9, 2007

PACER
45

STIPULATION AND ORDER re briefing schedule;Plaintiffs' responses to Defts motionn to dismiss individual Fed Defts Chertoff, Sampson, Martin, Propst and Brinkley and Defts motion to dism or in the alter motion for sum judg of indivi Fed defts Stevenson and Porter, shall be due on Nov. 19, 2007; defts replies if any due Dec. 10, 1007;motions shall be deemed submitted on Dec. 17, 2007 by Judge Terry J. Hatter Jr:(ys) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
47

OPPOSITION to Plaintiffs' EX PARTE APPLICATION for Reconsideration 42 filed by Federal Defendants Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, Stevenson, Brinkley, Porter. (ad) (Entered: 10/18/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
46

NOTICE OF APPEAL to 9th CCA filed by plaintiff Amadou Lamine Diouf, Raymond Soeoth. Appeal of Order 27 . Filed On: 9/5/207; Entered On: 9/6/2007; Filing fee $ 455, billed. cc: Ahilan T Arulanantham; Sheri Glaser; Gjon Juncaj; Arthur Rizer; C. Barrington Wilkins; Mary H. Mason; Edward J. Martin; robert I. Lester (dmap) Additional attachment(s) added on 10/17/2007 (dmap, ). (Entered: 10/17/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER

Appeals Docketing Statement (A-11a)

Oct. 16, 2007

Oct. 16, 2007

PACER

Civil Appeals Docketing Statement received from forwarded to 9th CCA. RE: Appeal to 9th Circuit Court of Appeals 46 . (dmap)

Oct. 16, 2007

Oct. 16, 2007

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

Oct. 17, 2007

Oct. 17, 2007

PACER

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to 9th Circuit Court of Appeals 46 . (dmap)

Oct. 17, 2007

Oct. 17, 2007

PACER
49

ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, 46 filed by Raymond Soeoth, Amadou Lamine Diouf, CCA # 07-56454. Order received in this district on 10/30/07. Appellants filed an emergency motion to vacate a stay and, alternatively, motions for preliminary injunction and class certification. Appellants' emergency motion is denied. The District Court has not granted, continued, refused, or dissolved a preliminary injuction at this time. Accordingly, we remand these proceedings to the District Court for review of the parties' pending motion in the first instance. (cbr) (Entered: 10/31/2007)

Oct. 24, 2007

Oct. 24, 2007

PACER
58

ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, 46 filed by Raymond Soeoth, Amadou Lamine Diouf, CCA # 07-56454. The appeal is REMANDED. On October 16, 2007, appellants filed an emergency motion to vacate a stay and, alternatively, motions for preliminary injunction and class certification. Appellants' emergency motion is denied. In light of the procedural posture of the district court proceedings, we do not regard this matter as appropriately before this court. The district court has not granted, continued, refused, or dissolved a preliminary injunction at this time. Accordingly, we remand these proceedings to the district court for review of the parties' pending motions in the first instance. REMANDED. Order received in this district on 11/26/07. (lr) (Entered: 12/11/2007)

Oct. 24, 2007

Oct. 24, 2007

PACER
48

ORDER that Defendants' motion to dism Plaintiffs' equitable relief claims is denied by Judge Terry J. Hatter Jr, re MOTION to Dismiss 23 . (lom) (Entered: 10/30/2007)

Oct. 29, 2007

Oct. 29, 2007

PACER
50

STIPULATION AND ORDER EXTENDING TIME FOR FEDERAL DEFENDANTS (IN THEIR OFFICIAL CAPACITY ONLY) TO FILE AND SERVE ANSWER TO CORRECTED COMPLAINT by Judge Terry J. Hatter Jr: re Corrected Complaint, 6 . IT IS ORDERED that the time for the Federal Defendants (in their official capacity only) to file and serve an answer to the corrected complaint is extended to 11/21/2007. (lw) (Entered: 11/16/2007)

Nov. 13, 2007

Nov. 13, 2007

PACER
51

Second Amended NOTICE OF MOTION AND MOTION for Class Certification; Memorandum of Points and Authorities in Support Thereof; Declaration of Mark D. Rosenbaum; Declaration of Ahilan T. Arulanantham; Declaration of Bradley S. Phillips filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. Lodged Proposed Order. (jl) (Entered: 11/26/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
52

Response to MOTION to Dismiss defendant Michael Chertoff, David Martin, Tobe Propst, Stevenson, Brinkley, Porter 39 filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (jl) (Entered: 11/27/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
53

Response to MOTION to Dismiss Complaint MOTION for Summary Judgment 38 filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (jl) (Entered: 11/27/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
54

Appendix of Unpublished Decisions in Support of Plaintiffs' Amended Motion for Preliminary Injunction and Second Amended Motio to Certify Class 51 filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (jl) (Entered: 11/27/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
55

Amended NOTICE OF MOTION AND MOTION for Preliminary Injunction; Memorandum of Points and Authorities; Exhibits in Support filed by Plaintiff Amadou Lamine Diouf, Raymond Soeoth. (jl) (Entered: 11/27/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
57

First AMENDED COMPLAINT for Declaratory Relief, Injunctive Relief and Damages against Defendants John Does 1-4, Minerva Stevenson, John Does 5-7, John Torres, Anthony Tangeman, John Does 8-10, Jeffry Brinkley, John Doe 11, John Doe 12, John Does 13-14, Mark Porter, Michael Chertoff, Neil Sampson, David Martin, Tobe Propst. Party John Doe 5; John Does 1-3; Porter; Stevenson; Brinkley and John Doe 4 terminated Complaint - (Discovery) 1 filed by Plaintiff Amadou Lamine Diouf, Raymond Soeoth. (lom) (Entered: 12/10/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
59

MANDATE of 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, 46, CCA # 07-56454. The appeal is REMANDED. Mandate received in this district on 11/26/07. (lr) (Entered: 12/11/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
56

JOINT STIPULATION AND ORDER REQUESTING STAY OF ALL PROCEEDINGS by Judge Terry J. Hatter Jr:including all briefing deadlines and discovery from Nov.26, 2007 until Dec. 16, 2007(see document for details) (ys) (Entered: 12/03/2007)

Nov. 29, 2007

Nov. 29, 2007

PACER
60

Joint Stipulation and ORDER Requesting Further Stay of all Proceedings by Judge Terry J. Hatter Jr. This Court further stay all litigation in this case, including all briefing deadlines and discovery obligations, from 12/16/07 to 12/31/07. If the parties wish to continue the stay beyond that date, they will inform the Court by separate filing. (lom) (Entered: 12/26/2007)

Dec. 19, 2007

Dec. 19, 2007

PACER
72

NOTICE of Change of Attorney Information: adding Wesley T. Shih as attorney as counsel of record for Amadou Lamine Diouf, Raymond Soeoth for the reason indicated in the G-06 Notice. Filed by plaintiffs Amadou Lamine Diouf, Raymond Soeoth (cbr) (Entered: 01/18/2008)

Dec. 21, 2007

Dec. 21, 2007

PACER
61

Amendment to MOTION to Certify Class 51, MOTION to Certify Class 14 (THIRD AMENDED) filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (Shih, Wesley) (Entered: 01/03/2008)

Jan. 3, 2008

Jan. 3, 2008

PACER
62

Amendment to MOTION for Preliminary Injunction 15, MOTION for Preliminary Injunction 55 (SECOND AMENDED) filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (Shih, Wesley) (Entered: 01/03/2008)

Jan. 3, 2008

Jan. 3, 2008

RECAP
63

NOTICE of Change of Attorney Information for attorney Robert I Lester counsel for Defendants Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, Minerva Stevenson, Jeffry Brinkley, Mark Porter. Adding Robert I. Lester as attorney as counsel of record for Chertoff, Sampson, Martin, Propst, Stevenson, Brinkley, Porter for the reason indicated in the G-06 Notice. Filed by Defendants Chertoff, Sampson, Martin, Propst, Stevenson, Brinkley, Porter (Lester, Robert) (Entered: 01/03/2008)

Jan. 3, 2008

Jan. 3, 2008

PACER
64

ANSWER to Amended Complaint,, 57 For Declaratory Relief, Injunctive Relief and Damages filed by Attorney for Defendant Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, John Does 1-4, Minerva Stevenson, John Does 5-7, John Torres, Anthony Tangeman, John Does 8-10, Jeffry Brinkley, John Doe 11, John Doe 12, John Does 13-14, Mark Porter.(Glaser, Sheri) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

PACER
65

EXPARTE APPLICATION for Extension of Time to File United States Defendants' Opposition to Plaintiffs' Motions for Class Certification and Preliminary Injunction (Attachments: # 1 Declaration Declaration of Gjon Juncaj# 2 Exhibit Exhibit A of Juncaj Declaration# 3 Certificate of Service)(Glaser, Sheri) (Entered: 01/10/2008)

2 Declaration Declaration of Gjon Juncaj

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3 Exhibit Exhibit A of Juncaj Declaration

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4 Certificate of Service

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Jan. 10, 2008

Jan. 10, 2008

PACER
66

NOTICE OF MOTION AND MOTION to Dismiss defendant David Martin, Tobe Propst, Minerva Stevenson, Jeffry Brinkley, Mark Porter filed by Defendant David Martin, Tobe Propst, Minerva Stevenson, Jeffry Brinkley, Mark Porter.Motion set for hearing on 2/4/2008 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Appendix Unpublished Cases)(Martin, Edward) (Entered: 01/11/2008)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Appendix Unpublished Cases

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Jan. 11, 2008

Jan. 11, 2008

PACER
67

NOTICE OF MOTION AND MOTION to Dismiss defendant Minerva Stevenson, Mark Porter or in the Alternative for Summary Judgment filed by defendant Minerva Stevenson, Mark Porter.Motion set for hearing on 2/4/2008 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Proposed Uncontroverted Facts and Conclusions of Law# 2 Proposed Judgment# 3 Exhibit 1# 4 Exhibit 2# 5 Appendix Unpublished Cases)(Martin, Edward) (Entered: 01/11/2008)

2 Proposed Uncontroverted Facts and Conclusions of Law

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3 Proposed Judgment

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4 Exhibit 1

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5 Exhibit 2

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6 Appendix Unpublished Cases

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Jan. 11, 2008

Jan. 11, 2008

PACER
68

EX PARTE APPLICATION for Protective Order for Order Staying Discovery as to the Individual Federal Defendants filed by defendant David Martin, Tobe Propst, Minerva Stevenson, Jeffry Brinkley, Mark Porter. (Attachments: # 1 Proposed Order # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6)(Mason, Mary) (Entered: 01/11/2008)

2 Proposed Order

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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Jan. 11, 2008

Jan. 11, 2008

PACER
69

NOTICE OF MOTION AND Corrected MOTION to Dismiss defendant David Martin, Tobe Propst, Jeffry Brinkley Correction to Docket Entry No. 66 filed by defendant David Martin, Tobe Propst, Jeffry Brinkley.Motion set for hearing on 2/4/2008 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Appendix Unreported Cases)(Martin, Edward) (Entered: 01/11/2008)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Appendix Unreported Cases

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Jan. 11, 2008

Jan. 11, 2008

PACER
76

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Incorrect event selected. This an Appendix, see Motion and Related Filings: Responses/Replies/Other Motion Related Documents for Motion Related Document: RE MOTION to Dismiss defendant David Martin, Tobe Propst, Minerva Stevenson, Jeffry Brinkley, Mark Porter 66 . Also, duplicate scanning of the same document. (lom) (Entered: 01/28/2008)

Jan. 11, 2008

Jan. 11, 2008

PACER
70

STIPULATION to Reschedule Briefing Schedule on Plaintiffs' Motions for Preliminary Injunction and Class Certification and Defendants' Motion to Dismiss, filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (Attachments: # 1 Proposed Order # 2 Proof of Service)(Shih, Wesley) (Entered: 01/15/2008)

2 Proposed Order

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3 Proof of Service

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Jan. 15, 2008

Jan. 15, 2008

PACER
71

OPPOSITION to EX PARTE APPLICATION for Protective Order for Order Staying Discovery as to the Individual Federal Defendants 68 filed by Plaintiffs Amadou Lamine Diouf, Raymond Soeoth. (Shih, Wesley) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

PACER
73

REPLY To Plaintiffs' Opposition To EX PARTE APPLICATION for Protective Order for Order Staying Discovery as to the Individual Federal Defendants 68 filed by Defendants David Martin, Tobe Propst, Minerva Stevenson, Jeffry Brinkley, Mark Porter. (Martin, Edward) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

PACER
75

ORDER regarding briefing schedule on Plaintiffs' Motions for Preliminary Injunction and Class Certification and Defendant's Motion to Dismiss, re Stipulation to Reschedule, 70 by Judge Terry J. Hatter Jr: The United States Defendants response to Plaintiffs Motions for Preliminary Injunction and for Class Certification will be due on 2/4/08. Plaintiffs replies will be due on 2/19/08. The Motions will be deemed submitted on 2/25/08. Plaintiffs response to Defendants Martin, Propst, and Brinkleys Motion to Dismiss, and to Defendants Stevenson and Porters Motion to Dismiss or in the Alternative for Summary Judgment, will be due 2/11/08. Defendants replies will be due on 2/25/08. The Motion will be deemed submitted on 3/3/08. (lom) (Entered: 01/25/2008)

Jan. 18, 2008

Jan. 18, 2008

PACER
74

(In Chambers) ORDER and Notice to All Parties by Judge Terry J. Hatter Jr, re Ex Parte Application 65 : Counsel are hereby notified that the Defendant's ex parte application for extension of time to file response to plaintiff's motions for preliminary injunction and class certification by February 4, 2008, filed on January 10, 2008 is hereby MOOT. The court has filed an order re briefing schedules on January 18, 2008. (lom) (Entered: 01/24/2008)

Jan. 22, 2008

Jan. 22, 2008

PACER
77

First STIPULATION to Stay Case pending completion of settlement terms filed by Defendants Michael Chertoff, Neil Sampson, David Martin, Tobe Propst, Minerva Stevenson, John Torres, Anthony Tangeman, Jeffry Brinkley, Mark Porter. (Attachments: # 1 Proposed Order staying action re settlement)(Lester, Robert) (Entered: 01/29/2008)

2 Proposed Order staying action re settlement

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Jan. 29, 2008

Jan. 29, 2008

PACER
78

ORDER STAYING ACTION by Judge Terry J. Hatter Jr. It is ordered that the that the action is stayed pending completion of certain provisions of the settlement agreement that was signed on January 28, 2008. (lom) (Entered: 02/05/2008)

Feb. 4, 2008

Feb. 4, 2008

PACER
79

NOTICE of Change of Attorney Information for attorney Ahilan T Arulanantham counsel for Plaintiff Amadou Lamine Diouf. Changing address to 1313 West Eighth Street, Los Angeles, CA 90017. Changing fax to (213) 977-5297. Filed by Counsel of Record Ahilan T. Arulanantham (Arulanantham, Ahilan) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

PACER
80

NOTICE of Change of Attorney Information for attorney Ahilan T Arulanantham counsel for Plaintiff Raymond Soeoth. Changing address to 1313 West Eighth Street, Los Angeles, CA 90017. Changing fax to (213) 977-5297. Filed by counsel of record Ahilan T. Arulanantham (Arulanantham, Ahilan) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

PACER
81

STIPULATION to Dismiss Case pursuant to Fed. R. Civ. Pro. 41(a) filed by Plaintiffs Amadou Lamine Diouf. (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Entered: 04/29/2008)

1

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2 Proposed Order

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April 29, 2008

April 29, 2008

RECAP
82

ORDER by Judge Terry J. Hatter Jr, re Stipulation to Dismiss Action 81 pursuant to to Fed. R. Civ. Pro. 41(a), this action is hereby dismissed with prejudice. (Made JS-6. Case Terminated.) (lom) Additional attachment(s) added on 5/6/2008 (lom, ). (Entered: 05/06/2008)

May 6, 2008

May 6, 2008

RECAP
83

NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order, Terminated Case 82 : System Error, incorrect document attached to docket entry #82. Corrections made, see corrected Order attached to this docket entry. (Attachments: # 1 Order) (lom) (Entered: 05/06/2008)

2 Order

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May 6, 2008

May 6, 2008

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 19, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two immigrants who were drugged against their will by U.S. officials during attempts to deport them

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Bureau of Immigration and Customs Enforcement (ICE), Federal

Department of Homeland Security, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

Constitutional rights

Convention against Torture

Deportation - procedure