Case: Castelano v. Rice

7:08-cv-00057 | U.S. District Court for the Southern District of Texas

Filed Date: Feb. 6, 2008

Closed Date: Aug. 14, 2009

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Case Summary

By filing a complaint in the U.S. District Court for the Southern District of Texas on February 6, 2008, which they amended on April 7, 2008, and again on September 16, 2008, nine named plaintiffs brought a class action lawsuit naming, as defendants, the U.S. State Department and the United States. The plaintiffs alleged that each had been born in the U.S. years earlier, with the births occurring not in a medical facility but typically attended by a midwife who, for some, registered the birth as occurring in the U.S. Recently, each plaintiff had applied for a U.S. passport. Rather than adjudicate their applications by granting or denying each a passport, the State Department requested additional proof of U.S. citizenship from each. After supplying additional proof, the plaintiffs alleged that, usually, the agency did not acknowledge its receipt and, instead, advised the plaintiffs that their applications would be filed "without further action." To the plaintiffs, this kind of stalling non-decision was how the agency avoided legal formalities and approvals required to actually deny a passport application and constituted, effectively, denial. The plaintiffs' U.S. citizenship assertions were often complicated by their having also been registered in Mexico as having been born there. Bogus Mexican birth registrations, filed by their parents, typically made the plaintiffs eligible for health benefits or school in that country when, at times, the parents resided there.

Represented by the ACLU and private counsel, the plaintiffs sought to represent a national class consisting of "all persons who have filed or will in the future file applications for United States passports, in whose cases, on or after April 8, 2003, the defendants did, or will in the future, 'file' or 'close' their applications without formally adjudicating them." The plaintiffs alleged that their inability to travel freely, resulting from the effective denial of their passport applications, significantly and unlawfully restricted their liberty. They sought a declaratory judgment under 8 U.S.C. § 1503 that the named plaintiffs were, in fact, U.S. citizens; a class-wide declaratory judgment that defendants had violated due process by failing to adjudicate and otherwise obstructing the class's applications, and corresponding injunctive relief; a class-wide declaratory judgment that defendants had violated equal protection by treating the class differently from similarly situated U.S. citizens of different race, ethnicity or ancestry, and corresponding injunctive relief; a class-wide declaration that defendants had violated the Administrative Procedure Act, 5 U.S.C. § 703, by acting arbitrarily and capriciously, and corresponding injunctive relief; a writ of mandamus compelling the defendants to actually adjudicate the applications and issue the passports; and attorneys' fees and costs. Plaintiffs also initially sought habeas relief, but dropped this cause of action in their second amended complaint.

On October 15, 2008, the defendants filed a partial motion to dismiss for failure to state a claim upon which relief can be granted. Over the course of the following six months, several individual plaintiffs obtained their passports and voluntarily dismissed their claims.

On June 26, 2009, the parties informed the District Court that they had come to a agreement. Under the terms of their proposed settlement, the defendants agreed to re-adjudicate the applications of the class without denying them solely because an applicant had been birthed by a midwife on defendants' list of suspected or known birth certificate forgers, and to waive fees if the class member made a request by June 1, 2010. Defendants also agreed to train their employees on re-adjudication under the terms of the settlement, to give notice to the class, and to pay attorneys' fees of $150,000. The Court was to retain only contingent jurisdiction to mediate disputes over the settlement should the other dispute resolution mechanisms listed be exhausted, and the settlement was to last for two years and eleven months.

The parties moved for preliminary approval and class certification for settlement purposes, and the Court (Judge Randy Crane) granted their motion on July 7, 2009.

After hearing objections from individuals who wanted to be covered by the settlement but who had been denied passports and were thus not part of the class, and responses from the parties, who pointed out that the objectors were not bound by the settlement and could thus still bring their own claims, the Court (Judge Crane) gave its final approval to the settlement on August 14, 2009.

(Note that on July 2, 2009, the Court approved the motion of three plaintiffs to sever their individual claims under 8 U.S.C. § 1503 for declarations that they were U.S. citizens, and created the separate case of Castelano v. Rice, No. 7:09-cv-00177, to address these claims. By October 25, 2010, all three plaintiffs had received their passports and dismissed their claims, reserving the right to file future 8 U.S.C. § 1503 claims should the need arise.)

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Summary Authors

Christopher Schad (6/13/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7787810/parties/castelano-v-rice/

Judge(s)

Crane, Randy (Texas)

Attorney for Plaintiff

Brodyaga, Lisa S. (Texas)

Attorney for Defendant

Benavides, Reno Carlo (Texas)

Bryce, Peter Michael (District of Columbia)

Expert/Monitor/Master/Other

Brodyaga, Elisabeth Lisa (Texas)

Judge(s)

Crane, Randy (Texas)

Attorney for Plaintiff

Brodyaga, Lisa S. (Texas)

Goldfaden, Robin L. (California)

Graybill, Lisa Shawn (Texas)

Gupta, Vanita (New York)

Henke, Melissa N. (District of Columbia)

Levin, Adam K. (District of Columbia)

Weiner, David J. (District of Columbia)

Widor, Thomas John (District of Columbia)

Wolinsky, Robert B. (District of Columbia)

Attorney for Defendant

Benavides, Reno Carlo (Texas)

Bryce, Peter Michael (District of Columbia)

Luis, Lisa (Texas)

Rodriguez, Victor Jr (Texas)

Rolbin, Jonathan M. (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

West, Tony (District of Columbia)

Expert/Monitor/Master/Other

Brodyaga, Elisabeth Lisa (Texas)

Jr, Victor Rodriguez (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
7:08-cv-00057	Docket [PACER]	Aug. 14, 2009	Aug. 14, 2009 Docket
36 7:08-cv-00057	Second Amended Class Action Complaint and Petition for Declaratory, Injunctive and Mandamus Relief	Sept. 16, 2008	Sept. 16, 2008 Complaint
42 7:08-cv-00057	Defendants' Partial Motion to Dismiss for Failure to State a Claim Pursuant to Fed.R.Civ.Pro 12(b)(6) and Motion to Sever	Oct. 15, 2008	Oct. 15, 2008 Pleading / Motion / Brief
89 7:08-cv-00057	Emergency Joint Motion for Expedited Preliminary Approval of the Class Action Settlement Agreement and Expedited Fairness Hearing and Motion for Class Certification for Settlement Purposes Only Castelano v. Clinton	June 26, 2009	June 26, 2009 Pleading / Motion / Brief
89-1 7:08-cv-00057	Stipulation and Agreement of Settlement and Release Castelano v. Clinton	June 26, 2009	June 26, 2009 Settlement Agreement
91 7:08-cv-00057	Order Granting Unopposed Motion to Sever Plaintiffs' 8 U.S.C. § 1503(a) Claims	July 2, 2009	July 2, 2009 Order/Opinion
93 7:08-cv-00057	Order Granting Preliminary Approval of Class Action Settlement	July 7, 2009	July 7, 2009 Order/Opinion
99 7:08-cv-00057	Order [Granting Unopposed Motion to Approve Attorneys’ Fees and Expenses Pursuant to the Stipulation and Agreement of Settlement and Release]	Aug. 14, 2009	Aug. 14, 2009 Order/Opinion
100 7:08-cv-00057	Final Order and Judgment Approving Class Action Settlement	Aug. 14, 2009	Aug. 14, 2009 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7787810/castelano-v-rice/

Last updated Dec. 19, 2024, 3:37 p.m.

ECF Number	Description	Date	Link Date / Link
1	PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 3453019) filed by Amalia Ramirez Castelano.(Brodyaga, Elisabeth) (Entered: 02/06/2008)	Feb. 6, 2008	Feb. 6, 2008 PACER
2	EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Amalia Ramirez Castelano, filed.(Brodyaga, Elisabeth) (Entered: 02/06/2008)	Feb. 6, 2008	Feb. 6, 2008 RECAP
3	Sealed Event, filed. (Entered: 02/06/2008)	Feb. 6, 2008	Feb. 6, 2008 PACER
4	EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Amalia Ramirez Castelano, filed.(Brodyaga, Elisabeth) (Entered: 02/06/2008)	Feb. 6, 2008	Feb. 6, 2008 PACER
5	Summonses by Amalia Ramirez Castelano, filed.(Brodyaga, Elisabeth) (Entered: 02/06/2008)	Feb. 6, 2008	Feb. 6, 2008 PACER
6	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/7/2008 at 09:30 AM before Judge Randy Crane. Parties notified.(bgarces, ) (Entered: 02/07/2008)	Feb. 7, 2008	Feb. 7, 2008 PACER
	Summons Issued as to Condoleezza Rice, Celeste F., United States of America (bgarces, )	Feb. 7, 2008	Feb. 7, 2008 PACER
7	Sealed Event, filed. (Entered: 04/06/2008)	April 6, 2008	April 6, 2008 PACER
8	Sealed Event, filed. (Entered: 04/06/2008)	April 6, 2008	April 6, 2008 PACER
9	Sealed Event, filed. (Entered: 04/06/2008)	April 6, 2008	April 6, 2008 PACER
10	First AMENDED Petition for Habeas Corpus against Condoleezza Rice, United States of America filed by Florencio Gonzalez, Jr., Elvia Elissetche, Arturo Garcia, Sr., Sofia Elizabeth Lopez, Jessica Gonzalez, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, Amalia Ramirez Castelano.(Brodyaga, Elisabeth) (Entered: 04/07/2008)	April 7, 2008	April 7, 2008 PACER
11	EXHIBITS re: 10 Amended Complaint/Counterclaim/Crossclaim etc., by Florencio Gonzalez, Jr., Elvia Elissetche, Arturo Garcia, Sr., Sofia Elizabeth Lopez, Jessica Gonzalez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, filed.(Brodyaga, Elisabeth) (Entered: 04/07/2008)	April 7, 2008	April 7, 2008 RECAP
12	Sealed Event, filed. (Entered: 04/07/2008)	April 7, 2008	April 7, 2008 PACER
13	Sealed Event, filed. (Entered: 04/09/2008)	April 9, 2008	April 9, 2008 PACER
14	Sealed Event, filed. (Entered: 04/09/2008)	April 9, 2008	April 9, 2008 PACER
15	Sealed Event, filed. (Entered: 04/09/2008)	April 9, 2008	April 9, 2008 PACER
16	Sealed Event, filed. (Entered: 04/09/2008)	April 9, 2008	April 9, 2008 PACER
17	Sealed Event, filed. (Entered: 04/10/2008)	April 10, 2008	April 10, 2008 PACER
18	Sealed Event, filed. (Entered: 04/10/2008)	April 10, 2008	April 10, 2008 PACER
19	Sealed Event, filed. (Entered: 04/21/2008)	April 21, 2008	April 21, 2008 PACER
20	Opposed MOTION to Intervene by David Hernandez, Florencio Gonzalez, Jr., Elvia Elissetche, Arturo Garcia, Sr., Sofia Elizabeth Lopez, Jessica Gonzalez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, filed. Motion Docket Date 5/14/2008. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 04/24/2008) 1 Proposed Order View on PACER	April 24, 2008	April 24, 2008 PACER
21	Sealed Event, filed. (Entered: 04/24/2008)	April 24, 2008	April 24, 2008 PACER
22	Unopposed MOTION for Continuance of The Initial Pretrial Conference and Extension of Answer Date. by Condoleezza Rice, Celeste F., United States of America, filed. Motion Docket Date 5/27/2008. (Attachments: # 1 Proposed Order)(Benavides, Rene) (Entered: 05/06/2008) 1 Proposed Order View on PACER	May 6, 2008	May 6, 2008 PACER
	ORAL ORDER cancelling hearing set for Wednesday, 5/7/2008 until further notice. Order resetting is forthcoming. (Judge Randy Crane) Parties notified.(lcervantes)	May 6, 2008	May 6, 2008 PACER
23	ORDER granting 22 Unopposed MOTION for Continuance of The Initial Pretrial Conference and Extension of Answer Date. (Initial Pretrial Conference reset for 8/6/2008 at 09:30 AM before Judge Randy Crane; answer due 7/25/08).(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 05/07/2008)	May 7, 2008	May 7, 2008 PACER
24	Sealed Event, filed. (Entered: 05/16/2008)	May 16, 2008	May 16, 2008 PACER
25	Sealed Event, filed. (Entered: 06/20/2008)	June 20, 2008	June 20, 2008 PACER
26	Sealed Event, filed. (Entered: 06/23/2008)	June 23, 2008	June 23, 2008 PACER
27	MOTION for Peter Bryce to Appear Pro Hac Vice by Condoleezza Rice, United States of America, filed. Motion Docket Date 7/14/2008. (Bryce, Peter) (Entered: 06/24/2008)	June 24, 2008	June 24, 2008 PACER
28	Joint MOTION for Extension of Time to File Response and Stay Briefing by Condoleezza Rice, Celeste F., United States of America, filed. Motion Docket Date 7/14/2008. (Attachments: # 1 Proposed Order)(Benavides, Rene) (Entered: 06/24/2008) 1 Proposed Order View on PACER	June 24, 2008	June 24, 2008 PACER
29	ORDER granting 27 Motion for Peter Bryce to Appear Pro Hac Vice.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 06/25/2008)	June 25, 2008	June 25, 2008 PACER
30	MOTION for Lisa Luis to Appear Pro Hac Vice by Condoleezza Rice, Celeste F., United States of America, filed. Motion Docket Date 7/16/2008. (Luis, Lisa) (Entered: 06/26/2008)	June 26, 2008	June 26, 2008 PACER
31	ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME AND TO STAY BRIEFING SCHEDULE granting 28 Joint Motion for Extension of Time. Defendant's Answer shall be filed on or before 9/25/08. Further, it is Ordered the Initial Pretrial Conference currently sheduled for 08/06/08 is reset to 10/8/2008 at 09:30 AM before Judge Randy Crane. Finally, it is Ordered that further briefing on any Motion to Intervene filed in this matter be stayed until further order of the Court. Any response will be due no later than twenty (20) days after the entry of an order lifting the stay. (Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 07/29/2008)	July 28, 2008	July 28, 2008 PACER
32	Opposed MOTION to Amend 10 Amended Complaint/Counterclaim/Crossclaim etc., by Florencio Gonzalez, Jr., Elvia Elissetche, Arturo Garcia, Sr., Sofia Elizabeth Lopez, Jessica Gonzalez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, filed. Motion Docket Date 9/29/2008. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Proposed Order)(Brodyaga, Elisabeth) (Entered: 09/09/2008) 1 Exhibit 1 View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Proposed Order View on PACER	Sept. 9, 2008	Sept. 9, 2008 PACER
33	Sealed Event, filed. (With attachments) (Entered: 09/09/2008)	Sept. 9, 2008	Sept. 9, 2008 PACER
34	Opposed MOTION for Extension of Time Answer or Otherwise Respond, Opposed MOTION for Continuance of Initial Pretrial Conference( Motion Docket Date 10/6/2008.) by Condoleezza Rice, United States of America, filed. (Attachments: # 1 Proposed Order)(Bryce, Peter) (Entered: 09/16/2008) 1 Proposed Order View on PACER	Sept. 16, 2008	Sept. 16, 2008 PACER
35	ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND DEFENDANTS' EMERGENCY MOTION TO EXTEND TIME TO ANSWER granting 32 Opposed MOTION for leave to Amend Complaint/Counterclaim/Crossclaim etc., granting 34 Opposed MOTION for Extension of Time Answer of other response to Second Amended Complaint to be extended to 10/15/2008.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 09/16/2008)	Sept. 16, 2008	Sept. 16, 2008 PACER
36	Second AMENDED Class Action Complaint against Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America filed by Juan Aranda, Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, J.S., Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(mzamarripa, ) (Entered: 09/17/2008) 1 Exhibit A View on RECAP 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER	Sept. 16, 2008	Sept. 16, 2008 PACER
37	NOTICE OF RESCHEDULING OF INITIAL PRETRIAL CONFERENCE ( Initial Conference reset for 12/3/2008 at 09:30 AM before Judge Randy Crane).(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 09/17/2008)	Sept. 16, 2008	Sept. 16, 2008 PACER
38	MOTION for Elizabeth J. Stevens to Appear Pro Hac Vice by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed. Motion Docket Date 10/7/2008. (Stevens, Elizabeth) (Entered: 09/17/2008)	Sept. 17, 2008	Sept. 17, 2008 PACER
39	MOTION for Adam Levin, and Melissa Henke to Appear Pro Hac Vice by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed. Motion Docket Date 10/7/2008. (Brodyaga, Elisabeth) (Entered: 09/17/2008)	Sept. 17, 2008	Sept. 17, 2008 PACER
40	CERTIFICATE OF SERVICE of 36 Amended Complaint/Counterclaim/Crossclaim etc.,, by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed.(Brodyaga, Elisabeth) (Entered: 09/25/2008)	Sept. 25, 2008	Sept. 25, 2008 PACER
41	MOTION for Robin L. Goldfaden to Appear Pro Hac Vice by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed. Motion Docket Date 10/20/2008. (Brodyaga, Elisabeth) (Entered: 09/28/2008)	Sept. 28, 2008	Sept. 28, 2008 PACER
42	MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed. Motion Docket Date 11/4/2008. (Attachments: # 1 Proposed Order)(Stevens, Elizabeth) (Entered: 10/15/2008) 1 Proposed Order View on PACER	Oct. 15, 2008	Oct. 15, 2008 PACER
43	ANSWER to 36 Amended Complaint/Counterclaim/Crossclaim etc.,, by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed.(Stevens, Elizabeth) (Entered: 10/15/2008)	Oct. 15, 2008	Oct. 15, 2008 RECAP
44	MOTION for Jonathan M. Rolbin to Appear Pro Hac Vice by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, Celeste F., United States of America, filed. Motion Docket Date 11/5/2008. (mzamarripa, ) (Entered: 10/21/2008)	Oct. 16, 2008	Oct. 16, 2008 PACER
45	RESPONSE in Opposition to 42 MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever, filed by Juan Aranda, J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 11/04/2008) 1 Proposed Order View on PACER	Nov. 4, 2008	Nov. 4, 2008 PACER
46	STIPULATION of Dismissal of Petitioner Arturo Garcia by Arturo Garcia, Sr., filed.(Brodyaga, Elisabeth) (Entered: 11/05/2008)	Nov. 5, 2008	Nov. 5, 2008 PACER
47	Unopposed MOTION for Extension of Time To Reply to Plaintiff's Opposition to Defendants' Partial Motion to Dismiss by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed. Motion Docket Date 11/28/2008. (Attachments: # 1 Proposed Order)(Luis, Lisa) (Entered: 11/07/2008) 1 Proposed Order View on PACER	Nov. 7, 2008	Nov. 7, 2008 PACER
48	ORDER granting 47 Motion for Extension of Time. Defendants shall have until 11/17/2008 in which to file a reply brief.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 11/12/2008)	Nov. 10, 2008	Nov. 10, 2008 PACER
49	REPLY in Support of 42 MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever, filed by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America. (Stevens, Elizabeth) (Entered: 11/17/2008)	Nov. 17, 2008	Nov. 17, 2008 PACER
50	MOTION for Vanita Gupta to Appear Pro Hac Vice by Juan Aranda, J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed. Motion Docket Date 12/15/2008. (Brodyaga, Elisabeth) (Entered: 11/25/2008)	Nov. 25, 2008	Nov. 25, 2008 PACER
51	REPORT of Rule 26(f) Planning Meeting by Juan Aranda, Patrick F. Kennedy, Maura Harty, Ann Barrett, J.S., Florencio Gonzalez, Jr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, Condoleezza Rice, United States of America, David Hernandez, filed.(Brodyaga, Elisabeth) (Entered: 11/26/2008)	Nov. 26, 2008	Nov. 26, 2008 PACER
52	Unopposed MOTION for Leave to File Sur-reply to Motion to Dismiss by Juan Aranda, J.S., Florencio Gonzalez, Jr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed. Motion Docket Date 12/16/2008. (Attachments: # 1 Exhibit Sur-reply, # 2 Proposed Order)(Brodyaga, Elisabeth) (Entered: 11/26/2008) 1 Exhibit Sur-reply View on PACER 2 Proposed Order View on PACER	Nov. 26, 2008	Nov. 26, 2008 PACER
53	SCHEDULING ORDER. Amended Pleadings due by 3/6/2009 Joinder of Parties due by 3/6/2009 Pltf Expert Report due by 5/8/2009 Deft Expert Report due by 5/29/2009 Discovery due by 6/12/2009 Dispositive Motion Filing due by 6/19/2009 Non-Dispositive Motion Filing due by 6/19/2009 Joint Pretrial Order due by 7/27/2009 Pretrial Conference set for 8/3/2009 at 09:30 AM before Judge Randy Crane Jury Selection set for 8/4/2009 at 09:30AM before Judge Randy Crane Motion Hearing set for 7/17/2009 at 09:30 AM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 12/03/2008)	Dec. 3, 2008	Dec. 3, 2008 PACER
	Minute Entry for proceedings held before Judge Randy Crane. Initial PRETRIAL and SCHEDULING CONFERENCE held on 12/3/2008. The Court announced that it had earlier today granted several motions to appear pro hac vice. The Court confirmed that this a unique litigation and is not parallel to other litigation in any other court and further addressed counsel re: request to certify class, June 1st deadline; and the issue of discovery, schedule and time tables. The Court issued a scheduling order setting trial in August 2009, copy tendered to counsel. Appearances: E. Lisa S. Brodyaga, Robin Goldfaden, David Weiner; Jonathan M. Rolbin. (ERO:Richard Cortez [10:05-10:22]), filed.(lcervantes)	Dec. 3, 2008	Dec. 3, 2008 PACER
54	ORDER granting 50 Motion for Vanita Gupta to Appear Pro Hac Vice for all Plaintiffs.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 12/05/2008)	Dec. 3, 2008	Dec. 3, 2008 PACER
55	ORDER granting 44 Motion for Jonathan M. Rolbin to Appear Pro Hac Vice for all defendants.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 12/08/2008)	Dec. 3, 2008	Dec. 3, 2008 PACER
56	ORDER granting 41 Motion for Robin L. Goldfaden to Appear Pro Hac Vice for all Plaintiffs.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 12/08/2008)	Dec. 3, 2008	Dec. 3, 2008 PACER
57	NOTICE of Supplemental Authority in Support of Defendants' Motion to Dismiss for Failure to State Claim and Motion to Sever re: 42 MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed. (Attachments: # 1 Perales v. Casillas)(Rodriguez, Victor) (Entered: 12/08/2008) 1 Perales v. Casillas View on PACER	Dec. 8, 2008	Dec. 8, 2008 PACER
58	ORDER granting 52 Motion for Leave to File Sur-Reply in Further Opposition to Defendant's Partial Motion to Dismiss.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 12/09/2008)	Dec. 9, 2008	Dec. 9, 2008 PACER
59	SURREPLY to 42 MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc.,, In Part For Failure To State A Claim Pursuant to Rule 12(b)(6) And Motion To Sever filed by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez. (mzamarripa, ) (Entered: 12/09/2008)	Dec. 9, 2008	Dec. 9, 2008 PACER
60	RESPONSE to 57 Notice (Other), Notice (Other), Notice (Other) Defendants' Notice of Supplemental Authority in Support of Partial Motion to Dismiss and Motion to Sever, filed by Amalia Ramirez Castelano. (Henke, Melissa) (Entered: 12/16/2008)	Dec. 16, 2008	Dec. 16, 2008 PACER
61	ORDER granting 30 Motion for Lisa Luis to Appear Pro Hac Vice.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 12/29/2008)	Dec. 29, 2008	Dec. 29, 2008 PACER
62	ORDER granting 38 Motion for Elizabeth J Stevens to Appear Pro Hac Vice.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 12/29/2008)	Dec. 29, 2008	Dec. 29, 2008 PACER
63	ORDER granting 39 Motion for Adam K. Levin to Appear Pro Hac Vice for Plaintiffs.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 01/06/2009)	Jan. 6, 2009	Jan. 6, 2009 PACER
64	ORDER granting 39 Motion for Adam K. Levin, Melissa N. Henke, Robert B. Wolinsky and David Weiner to Appear Pro Hac Vice for Plaintiffs. (Mr. Levin had been previously been granted leave to appear on 1/06/09 per order DE#63)(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 01/07/2009)	Jan. 7, 2009	Jan. 7, 2009 PACER
65	MOTION for Thomas J. Widor to Appear Pro Hac Vice by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed. Motion Docket Date 2/4/2009. (Levin, Adam) (Entered: 01/15/2009)	Jan. 15, 2009	Jan. 15, 2009 PACER
66	ORDER granting 65 Motion for Thomas Widor to Appear Pro Hac Vice for Plaintiffs.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 01/22/2009)	Jan. 15, 2009	Jan. 15, 2009 PACER
67	STIPULATION of Dismissal of Plaintiff-Petitioner Miriam Sujee Gonzalez by Miriam Sujee Gonzalez, filed.(Levin, Adam) (Entered: 01/30/2009)	Jan. 30, 2009	Jan. 30, 2009 PACER
68	STIPULATION of Dismissal Voluntary Dismissal of Plaintiff-Petitioner Juan Luis Flores by Juan Aranda, Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed.(Widor, Thomas) (Entered: 02/27/2009)	Feb. 27, 2009	Feb. 27, 2009 PACER
69	STIPULATION of Dismissal Voluntary Dismissal of Juan Aranda by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed.(Widor, Thomas) (Entered: 02/27/2009)	Feb. 27, 2009	Feb. 27, 2009 PACER
70	STIPULATION of Dismissal Voluntary Dismissal of Plaintiff-Petitioner David Hernandez by Juan Aranda, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, David Hernandez, filed.(Widor, Thomas) (Entered: 02/27/2009)	Feb. 27, 2009	Feb. 27, 2009 PACER
71	STIPULATION re: Protective Order by Juan Aranda, Patrick F. Kennedy, Maura Harty, Ann Barrett, J.S., Florencio Gonzalez, Jr., Arturo Garcia, Sr., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Miriam Sujee Gonzalez, Juan Luis Flores, Rocio Flores, Condoleezza Rice, United States of America, David Hernandez, filed.(Widor, Thomas) (Entered: 02/27/2009)	Feb. 27, 2009	Feb. 27, 2009 PACER
72	ORDER GRANTING PLAINTIFFS' STIPULATIONS granting 69 Stipulation of Dismissal, 67 Stipulation of Dismissal, 70 Stipulation of Dismissal, 68 Stipulation of Dismissal. Miriam Sujee Gonzalez; David Hernandez; Juan Aranda and Juan Luis Flores terminated.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 03/03/2009)	March 2, 2009	March 2, 2009 PACER
73	Opposed MOTION for Leave to File Plaintiffs' Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Rocio Flores, filed. Motion Docket Date 3/26/2009. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Proposed Order)(Widor, Thomas) (Entered: 03/06/2009) 1 Exhibit 1 View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Proposed Order View on PACER	March 6, 2009	March 6, 2009 PACER
74	Sealed Event, filed. (With attachments) (Entered: 03/06/2009)	March 6, 2009	March 6, 2009 PACER
75	NOTICE OF FILING ADMINISTRATIVE RECORD (UNDER SEAL) by Patrick F. Kennedy, Maura Harty, Ann Barrett, Condoleezza Rice, United States of America, filed. (Rolbin, Jonathan) (Entered: 03/09/2009)	March 9, 2009	March 9, 2009 PACER
76	Sealed Event, filed. (With attachments) (Entered: 03/09/2009)	March 9, 2009	March 9, 2009 PACER
77	Joint MOTION for Extension of Time to File Responses to Plaintiffs' Opposed Motion for Leave to File Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Rocio Flores, filed. Motion Docket Date 4/13/2009. (Attachments: # 1 Proposed Order)(Widor, Thomas) (Entered: 03/23/2009) 1 Proposed Order View on PACER	March 23, 2009	March 23, 2009 PACER
78	ORDER granting 77 Motion for Extension of Time.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 03/27/2009)	March 27, 2009	March 27, 2009 PACER
79	Joint MOTION for Extension of Time for Additional Time to File Responses to Plaintiffs' Opposed Motion for Leave to File Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Rocio Flores, filed. Motion Docket Date 4/21/2009. (Attachments: # 1 Proposed Order)(Widor, Thomas) (Entered: 04/01/2009) 1 Proposed Order View on PACER	April 1, 2009	April 1, 2009 PACER
80	ORDER granting 79 Motion for Extension of Time to File Third Amended and Supplemental Class Action Complaint. Defendants shall have until 4/29/09 to file their response and Plaintiffs shall have until 5/6/2009 to file their reply.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 04/07/2009)	April 7, 2009	April 7, 2009 PACER
81	Sealed Event, filed. (Entered: 04/17/2009)	April 17, 2009	April 17, 2009 PACER
82	Joint MOTION for Extension of Time to File Responses to Plaintiffs' Opposed Motion for Leave to File Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief and Motion to Amend the Rule 16 Scheduling Order by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Rocio Flores, filed. Motion Docket Date 5/18/2009. (Attachments: # 1 Proposed Order)(Widor, Thomas) (Entered: 04/27/2009) 1 Proposed Order View on PACER	April 27, 2009	April 27, 2009 PACER
83	AMENDED SCHEDULING ORDER granting 82 Joint MOTION for Extension of Time to File Responses to Plaintiffs' Opposed Motion for Leave to File Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief and Motion to Amend the Rule 16. ( Amended Pleadings due by 4/3/2009, Joinder of Parties due by 4/3/2009, Pltf Expert Report due by 6/12/2009, Deft Expert Report due by 7/3/2009, Discovery due by 7/17/2009, Dispositive Motion Filing due by 7/24/2009, Non-Dispositive Motion Filing due by 7/24/2009, Joint Pretrial Order due by 8/31/2009, Pretrial Conference set for 9/8/2009 at 09:30 AM before Judge Randy Crane, Jury Selection set for 9/9/2009 at 09:30AM before Judge Randy Crane, Motion Hearing set for 8/21/2009 at 09:30 AM before Judge Randy Crane).(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 04/29/2009)	April 29, 2009	April 29, 2009 PACER
84	STIPULATION re: Dismissal of Rocio Flores by Patrick F. Kennedy, Maura Harty, J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, Rocio Flores, Condoleezza Rice, United States of America, filed.(Brodyaga, Elisabeth) (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 PACER
85	Sealed Event, filed. (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 PACER
86	Unopposed MOTION to Withdraw 73 Opposed MOTION for Leave to File Plaintiffs' Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, filed. Motion Docket Date 6/22/2009. (Attachments: # 1 Proposed Order)(Widor, Thomas) (Entered: 06/01/2009) 1 Proposed Order View on PACER	June 1, 2009	June 1, 2009 PACER
87	ORDER granting 86 Motion to Withdraw; withdrawing 73 Opposed MOTION for Leave to File Plaintiffs' Third Amended and Supplemental Class Action Complaint and Petition for Declaratory, Injunctive, and Mandamus Relief.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 06/11/2009)	June 11, 2009	June 11, 2009 PACER
88	Unopposed MOTION to Sever Individual 1503 Claims by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, filed. Motion Docket Date 7/2/2009. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 06/12/2009) 1 Proposed Order View on PACER	June 12, 2009	June 12, 2009 PACER
89	Joint EMERGENCY MOTION( Motion Docket Date 7/16/2009.), Joint MOTION Preliminary Approval of the Class Action Settlement Agreement and Expedited Fairness Hearing and Motion for Class Certification for Settlement Purposes Only by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, filed. (Attachments: # 1 Exhibit 1, # 2 Proposed Order, # 3 Proposed Order)(Widor, Thomas) (Entered: 06/26/2009) 1 Exhibit 1 View on PACER 2 Proposed Order View on PACER 3 Proposed Order View on PACER	June 26, 2009	June 26, 2009 PACER
90	NOTICE of Setting as to 89 Joint EMERGENCY MOTIONJoint MOTION Preliminary Approval of the Class Action Settlement Agreement and Expedited Fairness Hearing and Motion for Class Certification for Settlement Purposes Only. Parties notified. Motion Hearing set for Wednesday, 07/01/2009 at 03:30 PM before Judge Randy Crane, filed. (lcervantes) (Entered: 06/29/2009)	June 29, 2009	June 29, 2009 PACER
	Minute Entry for proceedings held before Judge Randy Crane. MOTION HEARING held on 7/1/2009. Appearances: Elisabeth Lisa S. Brodyaga/Thomas Widor; Elizabeth J. Stevens.(ERO:Richard Cortez [3:39-4:15]), filed.(lcervantes)	July 1, 2009	July 1, 2009 PACER
91	ORDER GRANTING UNOPPOSED MOTION TO SEVER PLAINTIFFS' 8 U.S.C. §1503(a) CLAIMS granting 88 Motion to Sever. Civil Action No. M-09-177 has been opened)(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 07/06/2009)	July 2, 2009	July 2, 2009 PACER
92	Unopposed MOTION for Approval of Attorneys' Fees and Expenses Pursuant to the Terms of the Stipulation and Agreement by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, filed. Motion Docket Date 7/27/2009. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Widor, Thomas) (Entered: 07/06/2009) 1 Exhibit 1 View on PACER 2 Proposed Order View on PACER	July 6, 2009	July 6, 2009 PACER
93	ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT granting 89 Motion for Emergency.(Signed by Judge Randy Crane) Parties notified.(mzamarripa, ) (Entered: 07/07/2009)	July 7, 2009	July 7, 2009 PACER
94	NOTICE of Withdrawal of Counsel by J.S., Sofia Elizabeth Lopez, Amalia Ramirez Castelano, filed. (Widor, Thomas) (Entered: 07/16/2009)	July 16, 2009	July 16, 2009 PACER
95	Letter (SEALED EVENT), filed. (With attachments) Modified on 8/10/2009 (bgarces, ). (Additional attachment(s) added on 8/10/2009: # 2 Letter, # 3 Sealed Attachments) (bgarces, ). (Entered: 08/03/2009)	Aug. 3, 2009	Aug. 3, 2009 PACER
96	OBJECTION to the Notice of Proposed Settlement Agreement and Hearing in a Class Action, filed by Jose Santos Araujo, pro se. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment / letter)(mzamarripa, ) (Entered: 08/11/2009) 1 Attachment View on PACER 2 Attachment View on PACER 3 Attachment / letter View on PACER	Aug. 7, 2009	Aug. 7, 2009 PACER

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Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 6, 2008

Closing Date: Aug. 14, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A nationwide class, challenging Defendants’ practice of filing passport applications “without further action,” rather than adjudicating them on the merits, and, if denied, failing to give reasoned explanations for the denial of such applications.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. State Department, Federal

Case Details