Case: Argueta v. Myers

3:08-cv-01652 | U.S. District Court for the District of New Jersey

Filed Date: April 3, 2008

Closed Date: Sept. 21, 2012

Clearinghouse coding complete

Case Summary

On April 3, 2008, twelve individual plaintiffs filed this lawsuit in the U.S. District Court for the District of New Jersey. Represented by private counsel and attorneys from the Center for Constitutional Rights, the plaintiffs sued U.S. Immigration and Customs Enforcement ("ICE") and officers of the Penns Grove, N.J., Police Department, under 42 U.S.C. § 1983 and the New Jersey Constitution. On May 22, 2008, the plaintiffs amended their complaint. The plaintiffs sought compensatory and punitiv…

On April 3, 2008, twelve individual plaintiffs filed this lawsuit in the U.S. District Court for the District of New Jersey. Represented by private counsel and attorneys from the Center for Constitutional Rights, the plaintiffs sued U.S. Immigration and Customs Enforcement ("ICE") and officers of the Penns Grove, N.J., Police Department, under 42 U.S.C. § 1983 and the New Jersey Constitution. On May 22, 2008, the plaintiffs amended their complaint. The plaintiffs sought compensatory and punitive damages, injunctive relief, and attorneys' fees and costs. The case was assigned to Judge Peter G. Sheridan.

In the amended complaint, the plaintiffs alleged that the defendants violated their Fourth and Fifth Amendment rights in the course of committing unlawful entries and dragnet searches of homes “in which the agents only loosely suspect immigrant families may reside.” The plaintiffs further argued that the defendants “detained the occupants without judicial warrant or other legal justification.” The defendants' conduct was allegedly part of an enforcement effort called "Operation Return to Sender," designed to apprehend persons subject to outstanding deportation orders whom ICE regarded as "fugitives." In addition to claims based upon Fourth Amendment protections against unreasonable search and seizure and the use of excessive force, the plaintiffs cited the Fifth Amendment's due process clause as a basis for their allegations that the defendants violated the plaintiffs' rights to be free from abusive governmental conduct that shocks the conscience, from prevention of consultation with counsel regarding immigration proceedings, and from denial of equal protection of the laws based upon race and ethnicity. According to the plaintiffs, much of the illegal conduct followed agency imposition of increased arrest quotas on understaffed and ill-trained ICE Fugitive Operations Teams. The Teams subsequently conducted fugitive searches as pretext to arrest undocumented immigrants and relied upon outdated, inaccurate, and incomplete information in ICE databases. Eight of the plaintiffs were named, while four remained anonymous due to fear of retaliation. The plaintiffs include U.S. citizens and lawful residents.

On the same date as the filing of their amended complaint, the plaintiffs sought preliminary and permanent injunctions. The defendants filed two motions to dismiss on June 26, 2008 and July 8, 2008. The Court partially granted the defendants' motion to dismiss the request for preliminary injunction without prejudice, but denied the motion to dismiss the request for permanent injunction on September 8, 2008. On May 7, 2009, the court issued a subsequent order on this motion, denying the defendants’ motion to dismiss, except with regard to the claims asserted by the anonymous plaintiffs. The court argued that they could amend the complaint to include their identity as they had demonstrated why the need for anonymity outweighed the need for fairness. 2009 WL 1307236.

The plaintiffs filed a second amended complaint identifying one of the anonymous plaintiffs on June 8, 2009, which the individual federal defendants moved to dismiss on June 18 on the basis of qualified immunity. The Court denied the motion on January 27, 2010, arguing that the defendants’ conduct plausibly could have violated a clearly established constitutional right of which they were aware existed. In short, the defendants failed to meet the test for qualified immunity. 2010 WL 398839.

Defendants who were higher-ranking ICE officers (rather than the ones carrying out the raids) appealed both of these orders.

While the case was pending in the Third Circuit, the plaintiffs filed their third amended complaint in the district court on April 16, 2010. In response, three of the defendants, who were municipal officers, sought to dismiss the claims against them on June 24 and July 27, 2010. The court granted the motions on Nov. 29, 2010. Meanwhile, on Aug. 9, 2010, the defendants moved to dismiss the complaint. On Feb. 3, 2011, the court dismissed plaintiff Guzman’s substantive due process claim, but sustained her subject matter jurisdiction claim (stating that the Fifth amendment claim should be dismissed because the facts stated were properly already used under the Fourth amendment claim).

On June 14, 2011, the Third Circuit Court of Appeals reversed the district court’s order from Jan. 27, 2010 denying the defendants’ motion to dismiss and remanded it for further proceedings. The Third Circuit concluded that the district court had subject matter jurisdiction, but reversed the district court's denial of qualified immunity. The Third Circuit argued that the ICE officers “specifically charged with enforcing federal immigration law” occupied relatively high-ranking positions and acted lawfully by increasing arrest goals. Indeed, “qualified immunity doctrine exists to encourage vigorous and unflinching enforcement of the law.” 643 F.3d 60.

On September 21, 2012, the Court dismissed the case with prejudice on the grounds that the plaintiffs and the ICE Agent defendants “amicably resolved the matter.” The plaintiffs were awarded $295,000 as part of the settlement. The settlement agreement does not appear to be publicly available at this time. The case was left open for 90 days, but as the plaintiffs did not motion to re-open the case, the matter is now closed.

Summary Authors

Mike Fagan (7/2/2008)

Allison Hight (3/19/2016)

Gloria Han (6/15/2017)

Virginia Weeks (11/20/2017)

Related Cases

Aguilar v. U.S. Immigration and Customs Enforcement, District of Massachusetts (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5749555/parties/argueta-v-myers/


Judge(s)

Arpert, Douglas E (New Jersey)

Attorney for Plaintiff

Azmy, Baher (New York)

Bishop, Heather (New Jersey)

Attorney for Defendant
Expert/Monitor/Master/Other

Banks, Steven (New York)

Boston, John (New York)

show all people

Documents in the Clearinghouse

Document

3:08-cv-01652

Docket [PACER]

Nov. 13, 2012

Nov. 13, 2012

Docket
1

3:08-cv-01652

Complaint and Jury Demanded

April 3, 2008

April 3, 2008

Complaint
16-4

3:08-cv-01652

Memorandum of Law in Support of Order to Show Cause

May 22, 2008

May 22, 2008

Pleading / Motion / Brief
15

3:08-cv-01652

First Amended Complaint

May 22, 2008

May 22, 2008

Complaint
34

3:08-cv-01652

Motion to Dismiss, Memorandum in Support of Defendant's Motion to Dismiss, and Certificate of Service

June 26, 2008

June 26, 2008

Pleading / Motion / Brief
94

3:08-cv-01652

Opinion

Argueta v. United States Immigration and Customs Enforcement

May 7, 2009

May 7, 2009

Order/Opinion

2009 WL 1307236

135

3:08-cv-01652

Opinion II

Argueta v. U.S. Immigration and Customs Enforcement

Jan. 27, 2010

Jan. 27, 2010

Order/Opinion
162

3:08-cv-01652

Third Amended Complaint

Argueta et al. v. ICE et al.

April 16, 2010

April 16, 2010

Complaint
173

3:08-cv-01652

Consent Order on Service of Summons and Third Amended Complaint

Argueta v. United States Immigration and Customs Enforcement

June 2, 2010

June 2, 2010

Order/Opinion
003110306015

3:08-cv-01652

Brief for the Appellants

Argueta v. United States Immigration and Customs Enforcement

U.S. Court of Appeals for the Third Circuit

Oct. 6, 2010

Oct. 6, 2010

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5749555/argueta-v-myers/

Last updated Feb. 4, 2025, 9:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, JOHN SOE ICE SUPERVISORS 1-25, JOHN LOE PENNS GROVE OFFICERS 1-10 ( Filing fee $ 350 receipt number 1936659.) JURY DEMAND, filed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (Attachments: # 1 EXH A, # 2 EXH B, # 3 EXH C PT 1, # 4 EXH C PT 2, # 5 EXH D, # 6 EXH E, # 7 SMS-1, # 8 SMS-2, # 9 SMS-3, # 10 SMS-4)(dr, ) (Entered: 04/07/2008)

April 3, 2008

April 3, 2008

PACER
2

Summons Issued as to JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ. Days Due - 60. MLD TO COUNSEL BAHER AZMY, SETON HALL LAW UNIVERSITY SCH OF LAW, NEWARK,NJ(dr, ) (dr, ). Modified on 4/8/2008 (dr, ). (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

PACER
3

NOTICE of Appearance by HEATHER COLLEEN BISHOP on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (BISHOP, HEATHER) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

PACER
4

NOTICE of Appearance by SCOTT LEE WALKER on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (WALKER, SCOTT) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

PACER
5

NOTICE of Appearance by R. SCOTT THOMPSON on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (THOMPSON, R.) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

PACER
6

NOTICE of Appearance by NATALIE JANET KRANER on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (KRANER, NATALIE) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

PACER
7

NOTICE of Appearance by AURORA FRANCESCA PARRILLA on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (PARRILLA, AURORA) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

PACER
8

NOTICE of Appearance by DAVID MARSHALL REINER on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (REINER, DAVID) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

PACER
9

Letter from R. Scott Thompson. (THOMPSON, R.) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

PACER
10

AFFIDAVIT of Service for Summons, Complaint, Exhibits served on Bartolome Rodriguez on 04/17/2008, filed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (BISHOP, HEATHER) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

PACER
11

AFFIDAVIT of Service for Summons, Complaint, Exhibits served on Scott Weber on 04/17/2008, filed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (BISHOP, HEATHER) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

PACER
12

AFFIDAVIT of Service for Summons, Complaint, Exhibits served on United States Attorney for District of New Jersey Christopher J. Christie on 04/17/2008, filed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (BISHOP, HEATHER) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

PACER

CLERK'S QUALITY CONTROL MESSAGE: - The 10, 11, 12 AFFIDAVIT OF SERVICE filed by H. BISHOP on 4/30/08 was submitted incorrectly as aN AFFIDAVIT OF SERVICE. PLEASE RESUBMIT THE DOCUMENT(S) *SUMMONS RETURNED EXECUTED. This submission will remain on the docket unless otherwise ordered by the court. (dc, )

April 30, 2008

April 30, 2008

PACER

Update Answer Due Deadline as to defts Weber & Rodriguez until 6/16/08 (sr, )

May 8, 2008

May 8, 2008

PACER
13

SUMMONS Returned Executed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. JULIE L. MYERS served on 4/22/2008, answer due 6/23/2008. (BISHOP, HEATHER) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

PACER
14

SUMMONS Returned Executed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. JOHN P. TORRES served on 4/22/2008, answer due 6/23/2008. (BISHOP, HEATHER) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

PACER
15

AMENDED COMPLAINT against all defendants all defendants., filed by Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C--part 1, # 4 Exhibit C--part 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Summons Rodriguez, # 8 Summons United States Immigration and Customs Enforcement ("ICE"), # 9 Summons Torres, # 10 Summons Myers, # 11 Summons Weber)(THOMPSON, R.) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

PACER
16

MOTION for Order to Show Cause by Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo. (Attachments: # 1 Declaration Declaration of Walter Chavez, # 2 Declaration Declaration of Ana Galindo, # 3 Brief Memorandum in Support of Order to Show Cause, # 4 Certificate of Service)(THOMPSON, R.) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

PACER

Set/Reset Hearings: Show Cause Hearing set for 5/27/2008 at 11:00 AM in Newark - Courtroom 4A before Judge Peter G. Sheridan. (dh, )

May 22, 2008

May 22, 2008

PACER
27

Minute Entry for proceedings held before Judge Peter G. Sheridan: Show Cause Hearing held on 5/27/2008, Telephone Conference held on 5/27/2008. (Court Reporter Ira Rubenstein.) (dh, ) (Entered: 06/03/2008)

May 27, 2008

May 27, 2008

PACER
17

Summons Issued as to UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), U.S. Attorney (Due - 60 days), re 15 Amended Complaint (Mailed to R. Scott Thompson, Esq.) (dc, ) (dc, ). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
18

Summons Issued as to JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, U.S. Attorney (Due - 10 days), re 15 Amended Complaint (Mailed to R. Scott Thompson, Esq.) (Additional attachment(s) added on 5/29/2008: # 1 Summons as to Bartolome Rodriguez, # 2 Summons as to John P. Torres, # 3 Summons as to Julie L. Myers) (dc, ). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
19

Letter from Counsel for Defendant to Hon. Peter G. Sheridan Transmitting ICE Letter to Plaintiffs' Counsel (As Agreed on the Record on 5/27/08). (Attachments: # 1 ICE Letter to Plaintiffs' Counsel)(CLARK, JAMES) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
20

NOTICE of Appearance by SCOTT LEE WALKER on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (WALKER, SCOTT) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
21

NOTICE of Appearance by HEATHER COLLEEN BISHOP on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (BISHOP, HEATHER) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
22

Letter from Scott L. Walker, Counsel to Plaintiffs Walter Chavez, Ana Galindo, and W.C. (by and through his parents Walter Chavez and Ana Galindo). (Attachments: # 1 Text of Proposed Order Regarding Preliminary Injunction Schedule)(WALKER, SCOTT) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
23

NOTICE of Appearance by DAVID MARSHALL REINER on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (REINER, DAVID) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
24

NOTICE of Appearance by AURORA FRANCESCA PARRILLA on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (PARRILLA, AURORA) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
25

NOTICE of Appearance by BAHER AZMY on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (AZMY, BAHER) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

PACER
26

NOTICE of Appearance by NATALIE JANET KRANER on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (KRANER, NATALIE) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

PACER
28

NOTICE of Appearance by GJON JUNCAJ on behalf of JULIE L. MYERS, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, JOHN SOE ICE SUPERVISORS 1-25, JOHN DOE ICE AGENTS 1-50 (JUNCAJ, GJON) (Entered: 06/05/2008)

June 5, 2008

June 5, 2008

PACER
29

NOTICE of Appearance by EDWARD JOHN MARTIN on behalf of JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ (MARTIN, EDWARD) (Entered: 06/10/2008)

June 10, 2008

June 10, 2008

PACER
30

Application and Proposed Order for Clerk's Order to extend time to answer as to Individual Federal Defendants Myers, Torres, Weber and Rodriguez.. (MARTIN, EDWARD) (Entered: 06/10/2008)

June 10, 2008

June 10, 2008

PACER

CLERKS TEXT ORDER - The Application for a Clerks Order Extending Time to Answer - Document # 30 submitted by E. MARTIN on 6/10/08 has been GRANTED. The answer due date has been set for 7/8/08. (dc, )

June 10, 2008

June 10, 2008

PACER
31

Letter from Heather C. Bishop re: Application for the Pro Hac Vice Admission of Bassina Farbenblum. (Attachments: # 1 Affidavit of Bassina Farbenblum, Esq., # 2 Certification of Scott L. Walker, Esq. in Support of the Application for the Pro Hac Vice Admission of Bassina Farbenblum, # 3 Text of Proposed Order)(BISHOP, HEATHER) (Entered: 06/25/2008)

June 25, 2008

June 25, 2008

PACER
32

Certification of Scott L. Walker in Support of the Application for the Pro Hac Vice Admission of Bassina Farbenblum (Corrected) on behalf of Walter Chavez, CARLOS ROE 4, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 Re 31 Letter,. (BISHOP, HEATHER) (Entered: 06/25/2008)

June 25, 2008

June 25, 2008

PACER
33

APPLICATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD AND ORDER. Signed by Judge Peter G. Sheridan on 6/25/08. (dc, ) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

PACER
34

MOTION to Dismiss Plaintiffs' Request for Equitable Relief by JULIE L. MYERS, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, JOHN SOE ICE SUPERVISORS 1-25, JOHN DOE ICE AGENTS 1-50. Responses due by 7/18/2008 (Attachments: # 1 Brief Memorandum in Support of US Defendants' Motion to Dismiss Plaintiffs' Request For Equitable Relief, # 2 Exhibit Ex. 1 of Memorandum in Support of US Defendants' Motion to Dismiss, # 3 Exhibit Ex. 2 of Memorandum in Support of US Defendants' Motion to Dismiss, # 4 Certificate of Service)(JUNCAJ, GJON) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

PACER

Set/Reset Deadlines as to 34 MOTION to Dismiss Plaintiffs' Request for Equitable Relief. Motion Hearing set for 9/15/2008 before Judge Peter G. Sheridan. Please be advised that this motion will be decided on the papers unless otherwise notified by the court. (dc, )

June 26, 2008

June 26, 2008

PACER
35

MOTION to Dismiss by JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ. Responses due by 7/28/2008 (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order)(MARTIN, EDWARD) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

PACER

Set Deadline as to 35 MOTION to Dismiss. Motion Hearing set for 8/18/2008 before Judge Peter G. Sheridan. (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (sr, )

July 8, 2008

July 8, 2008

PACER
36

NOTICE of Appearance by KENNETH H. ZIMMERMAN on behalf of Walter Chavez, CARLOS ROE 4, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (ZIMMERMAN, KENNETH) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

PACER
37

BRIEF in Opposition re 34 MOTION to Dismiss Plaintiffs' Request for Equitable Relief filed by Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo. (Attachments: # 1 Certificate of Service)(WALKER, SCOTT) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER

CLERKS QUALITY CONTROL MESSAGE - The Certificate of Service attached to the 37 Brief in Opposition to Motion submitted by S. Walker on 7/18/08 did not contain a proper electronic signature (s/). Please resubmit the Certificate of Service only using *Certificate of Service with the proper electronic signature (s/ Attorneys Name.) This submission will remain on the docket unless otherwise ordered by the court. (dc, )

July 18, 2008

July 18, 2008

PACER
38

CERTIFICATE OF SERVICE by Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo re 37 Brief in Opposition to Motion, (WALKER, SCOTT) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

PACER
39

NOTICE of Appearance by SARAH ELISABETH WHITMAN on behalf of JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ (WHITMAN, SARAH) (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

PACER
40

Letter re 35 MOTION to Dismiss. (Attachments: # 1 Text of Proposed Order)(WALKER, SCOTT) (Entered: 07/28/2008)

July 28, 2008

July 28, 2008

PACER
41

ORDER re preliminary injunction schedule, re 16 Order to Show Cause. Signed by Judge Peter G. Sheridan on 7/28/08. (dc, ) (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

PACER
42

SUMMONS Returned Executed by Walter Chavez, CARLOS ROE 4, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE") served on 6/4/2008, answer due 8/4/2008. (Attachments: # 1 Certificate of Service for U.S. Immigration and Customs Enforcement, # 2 Certificate of Service for United States Attorney General)(BISHOP, HEATHER) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
43

SUMMONS Returned Executed by Walter Chavez, CARLOS ROE 4, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. JULIE L. MYERS served on 6/6/2008, answer due 8/5/2008. (Attachments: # 1 Certificate of Service for U.S. Attorney General, # 2 Certificate of Service for U.S. Immigration and Customs Enforcement, # 3 Summons Returned Executed for U.S. Attorney)(BISHOP, HEATHER) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
44

SUMMONS Returned Executed by Walter Chavez, CARLOS ROE 4, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. JOHN P. TORRES served on 6/6/2008, answer due 8/5/2008. (Attachments: # 1 Certificate of Service for U.S. Attorney General, # 2 Certificate of Service for U.S. Immigration and Customs Enforcement, # 3 Summons Returned Executed for U.S. Attorney)(BISHOP, HEATHER) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
45

SUMMONS Returned Executed by Walter Chavez, CARLOS ROE 4, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. SCOTT WEBER served on 6/4/2008, answer due 8/4/2008. (Attachments: # 1 Certificate of Service for U.S. Attorney General, # 2 Certificate of Service for U.S. Immigration and Customs Enforcement, # 3 Summons Returned Executed for U.S. Attorney)(BISHOP, HEATHER) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
46

SUMMONS Returned Executed by Walter Chavez, CARLOS ROE 4, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. BARTOLOME RODRIGUEZ served on 6/4/2008, answer due 8/4/2008. (Attachments: # 1 Certificate of Service for U.S. Attorney General, # 2 Certificate of Service for U.S. Immigration and Customs Enforcement, # 3 Summons Returned Executed for U.S. Attorney)(BISHOP, HEATHER) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
47

REPLY to Response to Motion re 34 MOTION to Dismiss Plaintiffs' Request for Equitable Relief filed by JULIE L. MYERS, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, JOHN SOE ICE SUPERVISORS 1-25, JOHN DOE ICE AGENTS 1-50. (Attachments: # 1 Certificate of Service)(JUNCAJ, GJON) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

PACER
48

CERTIFICATE of Counsel re 41 Order to Produce Publicly Available Documents by GJON JUNCAJ on behalf of JULIE L. MYERS, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, JOHN SOE ICE SUPERVISORS 1-25, JOHN DOE ICE AGENTS 1-50 (Attachments: # 1 Certificate of Service)(JUNCAJ, GJON) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

PACER

Motions No Longer Referred: 16 MOTION for Order to Show Cause (jq, )

Aug. 19, 2008

Aug. 19, 2008

PACER
49

SCHEDULING ORDER as to 35 MOTION to Dismiss.( Motion Hearing set for 10/30/2008 11:00 AM before Judge Peter G. Sheridan.). Signed by Judge Peter G. Sheridan on 8/20/08. (dc, ) (Entered: 08/20/2008)

Aug. 20, 2008

Aug. 20, 2008

PACER
50

ORDER admitting Bassina Farbenblum, Esq. pro hac vice. Signed by Magistrate Judge Esther Salas on 8/20/08. (dc, ) (Entered: 08/21/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
51

NOTICE of Appearance by MELANIE SUZANNE KEIPER on behalf of JULIE L. MYERS, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, JOHN SOE ICE SUPERVISORS 1-25, JOHN DOE ICE AGENTS 1-50 (KEIPER, MELANIE) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER

Pro Hac Vice fee: $ 150, receipt number 353433 for Bassina Farbenblum, Esq. (dc, )

Sept. 3, 2008

Sept. 3, 2008

PACER
52

Minute Entry for proceedings held before Judge Peter G. Sheridan: Motion Hearing held on 9/4/2008 re 35 MOTION to Dismiss filed by SCOTT WEBER, JOHN P. TORRES, JULIE L. MYERS, BARTOLOME RODRIGUEZ, 34 MOTION to Dismiss Plaintiffs' Request for Equitable Relief filed by JOHN SOE ICE SUPERVISORS 1-25, SCOTT WEBER, JOHN P. TORRES, JOHN DOE ICE AGENTS 1-50, JULIE L. MYERS, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), BARTOLOME RODRIGUEZ, 16 MOTION for Order to Show Cause filed by Walter Chavez, W.C., by and through his parents Walter Chavez and Ana Galindo, Ana Galindo. (Court Reporter/Recorder Ira Rubenstein.) (dh, ) (Entered: 09/08/2008)

Sept. 4, 2008

Sept. 4, 2008

PACER
59

Amended/Minute Entry for proceedings held before Judge Peter G. Sheridan: Telephone Conference held on 9/4/2008. (Disregard entry #58) (Court Reporter/Recorder Ira Rubenstein.) (dh, ). (Entered: 09/17/2008)

Sept. 4, 2008

Sept. 4, 2008

PACER
53

ORDER granting in part and denying in part 34 Motion to Dismiss. Signed by Judge Peter G. Sheridan on 9/5/08. (dc, ) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
58

Minute Entry for proceedings held before Judge Peter G. Sheridan: Telephone Conference held on 9/9/2008. (Court Reporter/Recorder Ira Rubenstein.) (dh, ) (Entered: 09/16/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER
54

Notice of Request by Pro Hac Vice Bassina Farbenblum to receive Notices of Electronic Filings. (PARRILLA, AURORA) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
55

Letter from Scott Walker. (PARRILLA, AURORA) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
56

ORDER granting pltfs. permission to file an overlength opposition brief in connection w/the motion to dismiss.. Signed by Judge Peter G. Sheridan on 9/11/08. (DD, ) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
57

BRIEF in Opposition re 35 MOTION to Dismiss filed by Walter Chavez, CARLOS ROE 4, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (Attachments: # 1 Certification of Scott L. Walker in Support of Plaintiffs' Opposition to Individual Defendants' Partial Motion to Dismiss, # 2 Exhibit A to Walker Certification, # 3 Exhibit B to Walker Certification, # 4 Exhibit C to Walker Certification, # 5 Exhibit D to Walker Certification, # 6 Exhibit E to Walker Certification, # 7 Certificate of Service)(WALKER, SCOTT) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
60

Application and Proposed Order for Clerk's Order to extend time to answer as to Amended Complaint. (KEIPER, MELANIE) Referred to chambers. Modified on 9/19/2008 (dc, (Entered: 09/18/2008)

Sept. 18, 2008

Sept. 18, 2008

PACER
61

Letter re 15 Amended Complaint,,. (Attachments: # 1 Text of Proposed Order Consent Order to Extend Time)(KEIPER, MELANIE) (Entered: 09/19/2008)

Sept. 19, 2008

Sept. 19, 2008

PACER
62

Letter re 15 Amended Complaint,,. (Attachments: # 1 Statement Corrected Letter, # 2 Text of Proposed Order Corrected Consent Order to Extend Time)(KEIPER, MELANIE) (Entered: 09/19/2008)

Sept. 19, 2008

Sept. 19, 2008

PACER
63

ORDER granting application for extension of time to answer, move or, or otherwise plead (Docket Item No. 60.) Signed by Judge Peter G. Sheridan on 9/23/08. (dc, ) (Entered: 09/23/2008)

Sept. 23, 2008

Sept. 23, 2008

PACER

Update Answer Due Deadline as to Defts. (dc, )

Sept. 23, 2008

Sept. 23, 2008

PACER
64

Letter from Sarah Whitman. (WHITMAN, SARAH) (Entered: 10/01/2008)

Oct. 1, 2008

Oct. 1, 2008

PACER
65

ORDER, granting Defts' request to submit a (25) page Reply Brief. Signed by Judge Peter G. Sheridan on 10/2/08. (dc, ) (Entered: 10/02/2008)

Oct. 2, 2008

Oct. 2, 2008

PACER
66

REPLY to Response to Motion re 35 MOTION to Dismiss filed by JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ. (Attachments: # 1 Certificate of Service)(WHITMAN, SARAH) (Entered: 10/06/2008)

Oct. 6, 2008

Oct. 6, 2008

PACER
67

Letter from plaintiffs requesting leave to file sur-reply on or before October 20, 2008 re 66 Reply to Response to Motion. (WALKER, SCOTT) (Entered: 10/13/2008)

Oct. 13, 2008

Oct. 13, 2008

PACER
68

Order granting plaintiffs seven pages in the sur-reply papers. (dh, ) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

RECAP
69

Letter from Sarah Whitman. (WHITMAN, SARAH) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER
70

Letter from Scott L. Walker re 69 Letter. (Attachments: # 1 Exhibit to Letter to Judge Sheridan re: Proposed Second Amended Complaint)(WALKER, SCOTT) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER
71

BRIEF in Opposition re 35 MOTION to Dismiss : Sur-reply to Reply by Individual Defendants filed by Walter Chavez, CARLOS ROE 4, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (Attachments: # 1 Certificate of Service in Support of Plaintiffs' Sur-reply in Further Opposition to Motion to Dismiss by the Individual Defendants)(WALKER, SCOTT) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER
72

Letter from Sarah Whitman. (WHITMAN, SARAH) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

PACER
73

TRANSCRIPT of Proceedings held on September 4, 2008 before Judge Sheridan. Court Reporter/Recorder: Ira N. Rubenstein. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber only. (ji, ) (Main Document 73 replaced on 4/18/2023) (mj, ). Modified on 4/18/2023 (mj, ). (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

PACER
75

Minute Entry for proceedings held before Judge Peter G. Sheridan: Motion Hearing held on 10/30/2008 re 35 MOTION to Dismiss filed by SCOTT WEBER, JOHN P. TORRES, JULIE L. MYERS, BARTOLOME RODRIGUEZ. (Court Reporter/Recorder Ira Rubenstein.) (dh, ) (Entered: 11/06/2008)

Oct. 30, 2008

Oct. 30, 2008

PACER
74

Letter from United States Defendants Regarding Consent To Extend Time To File Answer re Update Answer Due Deadline, 15 Amended Complaint,, 63 Order. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(JUNCAJ, GJON) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

PACER
76

ORDER granting the United States Defts' request and that the United States Defts' response to the Amended Complaint in this matter will now be due on 12/5/08. Signed by Judge Peter G. Sheridan on 11/6/08. (dc, ) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER

Update Answer Due Deadline as to United States Defts. to 12/5/08. (dc, )

Nov. 7, 2008

Nov. 7, 2008

PACER
77

Notice parties may submit letter memoranda on this issue of - resignation of defendant Julie Myers - no more than three pages, double-spaced type by Tuesday, November 18, 2008. (dh, ) (Entered: 11/13/2008)

Nov. 12, 2008

Nov. 12, 2008

PACER
78

NOTICE by the Court re resignation of deft. Julie Myers and whether her resignation affects Pltfs' claims and Defts' pending partial motion to dismiss. (dc, ) (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

PACER
79

Letter from plaintiffs regarding effects of resignation of defendant Julie Myers re 78 Notice (Other). (WALKER, SCOTT) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

PACER
80

Letter from Sarah Whitman on Behalf of Individual Federal Defendants in Response to November 12, 2008 Notice from the Court re 77 Notice (Other). (WHITMAN, SARAH) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

PACER
81

Letter from Gjon Juncaj on Behalf of Official Capacity Federal Defendants in Response to November 12, 2008 Notice from the Court re 77 Notice (Other). (JUNCAJ, GJON) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

PACER
82

REQUEST FOR INFORMATION from Peter G. Sheridan, U.S.D.J.. (dc, ) (Entered: 12/01/2008)

Dec. 1, 2008

Dec. 1, 2008

PACER
83

NOTICE: If plaintiffs still wish to submit a Second Amended Complaint. They must first move for leave of court by HON. PETER G. SHERIDAN (dh, ) (Entered: 12/05/2008)

Dec. 3, 2008

Dec. 3, 2008

PACER
84

REQUEST FOR INFORMATION. by HON. PETER G. SHERIDAN (dh, ) (Entered: 12/05/2008)

Dec. 4, 2008

Dec. 4, 2008

PACER
85

United States Defendants' ANSWER to Amended Complaint by JULIE L. MYERS, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, JOHN SOE ICE SUPERVISORS 1-25, JOHN DOE ICE AGENTS 1-50. (Attachments: # 1 Certificate of Service)(JUNCAJ, GJON) (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

PACER
86

Letter from plaintiffs' counsel in response to 12-5-08 court notices re 83 Notice (Other), 84 Notice (Other). (WALKER, SCOTT) (Entered: 12/08/2008)

Dec. 8, 2008

Dec. 8, 2008

PACER
87

Letter from Sarah Whitman on Behalf of Individual Federal Defendants in Response to December 4, 2008 Request for Information from the Court re 84 Notice (Other). (WHITMAN, SARAH) (Entered: 12/11/2008)

Dec. 11, 2008

Dec. 11, 2008

PACER
88

Letter from Melanie Keiper on Behalf of Defendants in their Official Capacity in Response to December 1, 2008 Request for Information from the Court re 82 Letter. (KEIPER, MELANIE) (Entered: 12/16/2008)

Dec. 16, 2008

Dec. 16, 2008

PACER
89

Letter from Sarah Whitman on Behalf of Individual Federal Defendants in Response to the Court's December 4 Request for Information re 84 Notice (Other). (WHITMAN, SARAH) (Entered: 01/09/2009)

Jan. 9, 2009

Jan. 9, 2009

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 3, 2008

Closing Date: Sept. 21, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals subjected to ICE raids and searches as part of “Operation Return to Sender”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement (ICE), Federal

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Amount Defendant Pays: 295,000

Issues