Case: Aranas v. Napolitano

8:12-cv-01137 | U.S. District Court for the Central District of California

Filed Date: July 12, 2012

Clearinghouse coding complete

Case Summary

On July 12, 2012, an American woman and a Filipina, residents of California and married under California law, and their son, the biological child of the Filipina spouse, filed a class action lawsuit in the U.S. District Court for the Central District of California against the U.S. Department of Homeland Security (DHS) and its component, U.S. Citizenship and Immigration Services (USCIS). The plaintiffs, represented by the Center for Human Rights and Constitutional Law, the Public Law Center, the…

On July 12, 2012, an American woman and a Filipina, residents of California and married under California law, and their son, the biological child of the Filipina spouse, filed a class action lawsuit in the U.S. District Court for the Central District of California against the U.S. Department of Homeland Security (DHS) and its component, U.S. Citizenship and Immigration Services (USCIS). The plaintiffs, represented by the Center for Human Rights and Constitutional Law, the Public Law Center, the Asian Law Alliance, and private counsel, brought suit under 42 U.S.C § 1983; the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.; and the Declaratory Judgment Act, 28 U.S.C. § 2201, challenging the defendants' denial of the Filipina spouse's application to waive grounds of inadmissibility for permanent resident status. While an opposite-sex spouse can have grounds of inadmissibility waived under Section 212(i) of the Immigration and Naturalization Act, 8 U.S.C. § 1182(i), if denial of permanent resident status would "result in extreme hardship to [his or her] citizen...spouse," Section 3 of the federal Defense of Marriage Act (DOMA), 1 U.S.C. § 7, which defines "marriage" under federal law as "only a legal union between one man and one woman as husband and wife," renders such a waiver unobtainable for a similarly situated same-sex spouse. Plaintiffs claimed that Section 3 of DOMA thus violates the equal protection and substantive due process protections of the Fifth Amendment, and asked the Court for a declaratory judgment that Section 3 of DOMA is unconstitutional and an injunction barring the defendants from applying Section 3 to remove, detain or deny immigration benefits to the Filipina spouse, her son (who is eligible for lawful permanent resident status as a derivative beneficiary of his mother's application), or others similarly situated.

Class certification was provisionally granted, but the case was stayed pending the decision of the United States Supreme Court in United States v. Windsor, No. 12-307. Following the decision in Windsor, defendants maintained that they were reconsidering applications delayed or denied under DOMA. Accepting this as true, the court dismissed the case as moot.

Summary Authors

Christopher Schad (7/16/2012)

Nadji Allan (10/15/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4148761/parties/martin-r-aranas-v-janet-napolitano/


Judge(s)

Goldman, Marc L (California)

Marshall, Consuelo Bland (California)

Selna, James V. (California)

Wistrich, Andrew J. (California)

Attorneys(s) for Plaintiff

Ashiku, Monica (California)

Greenwald, Julie (California)

Holguín, Carlos R. (California)

Manulkin, Gary H. (California)

Pangilinan, Beatrice Ann M. (California)

Schey, Peter A. (California)

Judge(s)

Goldman, Marc L (California)

Marshall, Consuelo Bland (California)

Selna, James V. (California)

Wistrich, Andrew J. (California)

Attorneys(s) for Plaintiff

Ashiku, Monica (California)

Greenwald, Julie (California)

Holguín, Carlos R. (California)

Manulkin, Gary H. (California)

Pangilinan, Beatrice Ann M. (California)

Schey, Peter A. (California)

Tanner, Reyna Manulkin (California)

Attorneys(s) for Defendant

Belsan, Timothy Michael (District of Columbia)

Carlson, Jesi J. (District of Columbia)

Flentje, August E. (District of Columbia)

Gilbert, Helen L (District of Columbia)

Goldsmith, Aaron S. (District of Columbia)

Melloy Goettel, Katherine E. (District of Columbia)

Vahab, Lana (District of Columbia)

Other Attorney(s)

Bartolomucci, H. Christopher (District of Columbia)

Clement, Paul D. (District of Columbia)

Davenport, Christine (District of Columbia)

Durie, Daralyn J. (California)

Fink, Julie Eden (New York)

Kircher, Kerry W. (District of Columbia)

Neilson, Victoria (New York)

Nelson, Nicholas J. (District of Columbia)

Pittard, William (District of Columbia)

Plummer, Thomas R. (New York)

Stone, Eric Alan (New York)

Tatelman, Todd B. (District of Columbia)

Walker, Mary Beth (District of Columbia)

Documents in the Clearinghouse

Document

8:12-cv-01137

Docket (PACER)

Feb. 12, 2014

Feb. 12, 2014

Docket
1

8:12-cv-01137

Complaint for Declaratory and Injunctive Relief (Class Action)

July 12, 2012

July 12, 2012

Complaint
126

8:12-cv-01137

Order Granting In Part And Denying In Part Motions To Dismiss

April 19, 2013

April 19, 2013

Order/Opinion
127

8:12-cv-01137

Order Granting Provisional Class Certification

April 19, 2013

April 19, 2013

Order/Opinion
174

8:12-cv-01137

Order Regarding Motions (Final Dismissal)

Feb. 12, 2014

Feb. 12, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4148761/martin-r-aranas-v-janet-napolitano/

Last updated Aug. 5, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano and United States Citizenship and Immigration Services. Case assigned to Judge James V. Selna for all further proceedings. Discovery referred to Magistrate Judge Marc L. Goldman.(Filing fee $350 Paid). Filed by Plaintiffs Martin R Aranas, Jane DeLeon and Irma Rodriguez.(lwag) (lwag). (Entered: 07/13/2012)

July 12, 2012

July 12, 2012

RECAP

60 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery) 1 as to Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano and United States Citizenship and Immigration Services. (lwag)

July 12, 2012

July 12, 2012

PACER
2

CERTIFICATION and Notice of Interested Parties filed by Plaintiffs Martin R Aranas, Jane DeLeon and Irma Rodriguez. (lwag) (lwag). (Entered: 07/13/2012)

July 12, 2012

July 12, 2012

RECAP
3

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(lwag) (Entered: 07/13/2012)

July 12, 2012

July 12, 2012

PACER
4

NOTICE of Appearance filed by attorney Jesi J Carlson on behalf of Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services (Carlson, Jesi) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
5

NOTICE Notice to the Court filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit Attachment 1, # 2 Exhibit Attachment 2, # 3 Exhibit Attachment 3)(Carlson, Jesi) (Entered: 07/25/2012)

1 Exhibit Attachment 1

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2 Exhibit Attachment 2

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3 Exhibit Attachment 3

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July 25, 2012

July 25, 2012

RECAP
6

First STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendants Alejandro Mayorkas, Janet Napolitano, Department of Homeland Security, United States Citizenship and Immigration Services.(Carlson, Jesi) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
8

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV12-00887 CBM (AJWx). Case transferred from Magistrate Judge Marc L. Goldman and Judge James V. Selna to Judge Consuelo B. Marshall and Magistrate Judge Andrew J. Wistrich for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV12-01137 CBM (AJWx). Signed by Judge Consuelo B. Marshall. (rrp) (Entered: 08/08/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
7

INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (jlen) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
9

STANDING ORDER by Judge Consuelo B. Marshall, (see Standing Order for details) 1 (jl) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
10

NOTICE of Manual Filing filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez of return of summons and proof of service of summons and complaint. (Holguin, Carlos) (Entered: 08/09/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
11

PROOF OF SERVICE Executed by Plaintiff Martin R Aranas, Jane DeLeon, Irma Rodriguez, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Frank B. Kawano. Executed upon the Attorney Generals Office of the United States by delivering a copy to illegible. Executed upon the officer agency or corporation by delivering a copy to unknown. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons returned. receipts for USAG & US Atty only. (Holguin, Carlos) (Entered: 08/09/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
27

ORIGINAL SUMMONS RETURNED filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Proof of Service 11 filed on 8/9/12.) (lom) (Entered: 09/04/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
12

NOTICE OF MOTION AND MOTION for Preliminary Injunction re Temporary protection from arrest and deportation, etc... If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need immediate judicial review, please call 213-894-2485 to advise that a Preliminary Injunction has been electronically filed. Failure to call the courtroom deputy, or the after hours filing contact number, may result in a delay of judicial review. Motion filed by plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. Motion set for hearing on 9/24/2012 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Proposed Order Proposed Order re Preliminary Injunction)(Schey, Peter) (Entered: 08/23/2012)

1 Proposed Order Proposed Order re Preliminary Injunction

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Aug. 23, 2012

Aug. 23, 2012

PACER
13

NOTICE OF MOTION AND MOTION to Certify Class filed by plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. Motion set for hearing on 9/24/2012 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Proposed Order Proposed Order re Motion for Class certification)(Schey, Peter) (Entered: 08/23/2012)

1 Proposed Order Proposed Order re Motion for Class certification

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Aug. 23, 2012

Aug. 23, 2012

PACER
18

NOTICE OF MOTION AND MOTION for Leave to Intervene filed by Movant Bipartisan Legal Advisory Group of the US House of Representatives. Motion set for hearing on 9/24/2012 at 11:00 AM before Judge Consuelo B. Marshall. Lodged [Prop] Order. (lom) (Entered: 08/30/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
19

MEMORANDUM of Points of Authorities in Support of MOTION to Intervene 18 filed by Movant Bipartisan Legal Advisory Group of the US House of Representatives. (lom) (Additional attachment(s) added on 8/30/2012: # 1 Part 2) (lom). (Entered: 08/30/2012)

1 Part 2

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Aug. 23, 2012

Aug. 23, 2012

PACER
20

NOTICE of Appearance of Kerry W Kircher filed on behalf of Movant Bipartisan Legal Advisory Group of the US House of Representatives. (lom) (Entered: 08/30/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
21

NOTICE of Appearance by attorney H Christopher Bartolomucci on behalf of Movant Bipartisan Legal Advisory Group of the US House of Representatives. (lom) (Entered: 08/30/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
22

NOTICE of Appearance by attorney Paul D Clement on behalf of Movant Bipartisan Legal Advisory Group of the US House of Representatives. (lom) (Entered: 08/30/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
23

NOTICE of Appearance by attorney Nicholas J Nelson on behalf of Movant Bipartisan Legal Advisory Group of the US House of Representatives. (lom) (Entered: 08/30/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
14

NOTICE of Appearance filed by attorney Timothy Michael Belsan on behalf of Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services (Belsan, Timothy) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
15

EX PARTE APPLICATION to Continue September 24, 2012 Hearing from September 24, 2012 to October 29, 2012 filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Declaration, # 2 Proposed Order)(Belsan, Timothy) (Entered: 08/24/2012)

1 Declaration

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2 Proposed Order

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Aug. 24, 2012

Aug. 24, 2012

PACER
16

MEMORANDUM of Points and Authorities in Opposition (partial) Re: EX PARTE APPLICATION to Continue September 24, 2012 Hearing from September 24, 2012 to October 29, 2012 15 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration (Exhibit 3))(Holguin, Carlos) (Entered: 08/26/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Declaration (Exhibit 3)

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Aug. 26, 2012

Aug. 26, 2012

PACER
17

MINUTES (IN CHAMBERS) by Judge Consuelo B. Marshall: granting 15 Ex Parte Application to Continue. The Court has reviewed the parties' submissions in this matter. Accordingly, the Court hereby orders the September 24, 2012 hearing on Plaintiffs Motion to Certify Class and Motion for Preliminary Injunction be continued until October 9, 2012 at 10 AM. Defendants must file their oppositions to Plaintiffs' Motion to Certify Class and Motion for Preliminary Injunction no later than September 14, 2012. Plaintiffs must file their replies no later than September 21, 2012. (lom) (Entered: 08/28/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
24

NOTICE OF CLERICAL ERROR Due to clerical error Re Memorandum in Support of Motion 19 : Inadvertently, Part II did not get attached to the docket entry no. 19. Part II has been re-attached to docket entry no. 19 as well as to this Notice. (Attachments: # 1 Part 2) (lom) (Entered: 08/30/2012)

1 Part 2

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Aug. 30, 2012

Aug. 30, 2012

PACER
25

NOTICE OF NON-OPPOSITION to MOTION to Intervene 18 filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Belsan, Timothy) (Entered: 08/31/2012)

1 Proposed Order

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Aug. 31, 2012

Aug. 31, 2012

PACER
26

NOTICE OF NON-OPPOSITION to MOTION to Intervene 18 filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Schey, Peter) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
28

REPLY to Plaintiffs In Support of MOTION to Intervene 18 filed by Movant Bipartisan Legal Advisory Group of the US House of Representatives. (Kircher, Kerry) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
29

REPLY to Executive Branch Defendants in support of MOTION to Intervene 18 filed by Movant Bipartisan Legal Advisory Group of the US House of Representatives. (Kircher, Kerry) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
30

NOTICE OF ERRATA filed by Movant Bipartisan Legal Advisory Group of the US House of Representatives. correcting Reply (Motion related) 29 (Kircher, Kerry) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
31

EXHIBIT Filed filed by Movant Bipartisan Legal Advisory Group of the US House of Representatives. Exhibit as to Reply (Motion related) 29 . (Kircher, Kerry) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
32

NOTICE of Appearance filed by attorney Lana L Vahab on behalf of Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services (Vahab, Lana) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
33

NOTICE of Appearance filed by attorney Katherine E Melloy Goettel on behalf of Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services (Goettel, Katherine) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
34

NOTICE OF MOTION AND MOTION to Exceed Page Limitation in a Consolidated Memorandum filed by Proposed Intervenor-Defendant Bipartisan Legal Advisory Group of the US House of Representatives. Motion set for hearing on 10/15/2012 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Proposed Order, # 2 Memorandum)(Kircher, Kerry) (Entered: 09/13/2012)

1 Proposed Order

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2 Memorandum

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Sept. 13, 2012

Sept. 13, 2012

PACER
35

OPPOSITION to MOTION to Certify Class 13 filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Carlson, Jesi) (Entered: 09/14/2012)

1 Exhibit A

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2 Proposed Order

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Sept. 14, 2012

Sept. 14, 2012

PACER
36

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Proposed Intervenor-Defendant Bipartisan Legal Advisory Group of the US House of Representatives. Motion set for hearing on 10/15/2012 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Proposed Order)(Kircher, Kerry) (Entered: 09/14/2012)

1 Proposed Order

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Sept. 14, 2012

Sept. 14, 2012

PACER
37

MEMORANDUM in Support of MOTION to Dismiss Case 36 and in Opposition to Motion for Preliminary Injunction 12 filed by Movant Bipartisan Legal Advisory Group of the US House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kircher, Kerry) (Entered: 09/14/2012)

1 Exhibit A

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2 Exhibit B

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Sept. 14, 2012

Sept. 14, 2012

PACER
38

EX PARTE APPLICATION to Exceed Page Limitation of Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Vahab, Lana) (Entered: 09/14/2012)

1 Proposed Order

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Sept. 14, 2012

Sept. 14, 2012

PACER
39

OPPOSITION to MOTION for Preliminary Injunction re Temporary protection from arrest and deportation, etc... If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday 12 filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Vahab, Lana) (Entered: 09/14/2012)

1 Exhibit A

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2 Exhibit B

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3 Proposed Order

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Sept. 14, 2012

Sept. 14, 2012

PACER
42

MINUTES (IN CHAMBERS): ORDER RE DEFENDANTS' EX PARTE 38 APPLICATION for enlargement of page limit by Judge Consuelo B. Marshall: Plaintiffs take no position on Defendants' Application. The Court hereby GRANTS Ex Parte Application. Defendants' opposition to Plaintiffs' Motion for preliminary injunction may be no more than twenty-eight pages in length, excluding indices and exhibits. (ys) (Entered: 09/25/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
45

MINUTES (IN CHAMBERS) by Judge Consuelo B. Marshall: Court DENIES Intervenor-Defendant The Bipartisan Legal Advisory Group of the United States House ofRepresentatives MOTION to Exceed Page Limitation in a Consolidated Memorandum 34 .The hearing set for October 15, 2012 is taken off calendar and no appearance is necessary. (lc) (Entered: 09/27/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
40

First STIPULATION to Reschedule briefing on motions and hearing dates filed by plaintiffs Martin R Aranas, Bipartisan Legal Advisory Group of the US House of Representatives, Jane DeLeon, Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, Irma Rodriguez, United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order [Proposed] Order re Briefing and Hearing Dates)(Schey, Peter) (Entered: 09/21/2012)

1 Proposed Order [Proposed] Order re Briefing and Hearing Dates

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Sept. 21, 2012

Sept. 21, 2012

PACER
41

MINUTES IN CHAMBERS by Judge Consuelo B. Marshall. The matter before the Court is the Unopposed Motion for Leave to Intervene by Proposed Intervenor-Defendant The Bipartisan Legal Advisory Group of the United States House of Representatives (the "Motion") 18 . On the Court's own motion, the hearing on this Motion previously scheduled for September 24, 2012 at 11:00AM has been rescheduled for October 9, 2012 at 10:00 AM. (lom) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
43

MINUTES (IN CHAMBERS) by Judge Consuelo B. Marshall: granting 18 Bipartisan Legal Advisory Group of the U.S.House of Representatives' (hereinafter, "BLAG") Unopposed Motion for Leave to Intervene. It is hereby ordered that BLAG is permitted to intervene to defend the constitutionality of Section 3 of the Defense of Marriage Act (1 U.S.C. ยง 7). The hearing set for October 9, 2012 is taken off calendar and no appearance is necessary. (lom) (Entered: 09/26/2012)

Sept. 26, 2012

Sept. 26, 2012

PACER
44

ORDER Granting Stipulation 40 by Judge Consuelo B. Marshall. IT IS HEREBY ORDERED that the briefing and hearing schedule shall be: Proposed Intervenor-Defendant's Motion to Dismiss 36 (MTD): Filed September 14, 2012; Opposition(s) to Proposed Intervenor-Defendants MTD: Due October 9, 2012; Proposed Intervenor-Defendant's Reply: Due October 22, 2012; Defendants' Partial Motion to Dismiss: Due September 28, 2012; Opposition(s) to Defendants' Partial MTD: Due October 15, 2012; Defendants' Reply: Due October 22, 201; Plaintiffs' Motions for Preliminary Injunction and Class Certification 13 : Filed August 23, 2012; Opposition(s) to Plaintiffs' Motions for PI/Class Cert: Filed September 14, 2012; Plaintiffs' Reply: Due October 22, 2012. The September 24, 2012 hearing on the proposed intervenor-defendant's motion to The proposed intervenor-defendant's motion to dismiss, defendants' planned motion for partial dismissal, and plaintiffs' motions for class certification and a preliminary injunction will be heard on November 6, 2012, at 10 AM. (lom) (Entered: 09/26/2012)

Sept. 26, 2012

Sept. 26, 2012

PACER
46

NOTICE OF MOTION AND MOTION to Dismiss (Procedural Motion to Dismiss and Partial Motion to Dismiss) filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. Motion set for hearing on 11/6/2012 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Memorandum Memorandum of Points and Authorities, # 2 Proposed Order)(Carlson, Jesi) (Entered: 09/28/2012)

1 Memorandum Memorandum of Points and Authorities

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2 Proposed Order

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Sept. 28, 2012

Sept. 28, 2012

PACER
47

EX PARTE APPLICATION for Reconsideration re Order on Motion for Leave to File Excess Pages, 45 filed by Intervenor-Defendant Bipartisan Legal Advisory Group of the US House of Representatives. (Attachments: # 1 Revised Consolidated Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order, # 6 Proposed Order)(Kircher, Kerry) (Entered: 10/02/2012)

1 Revised Consolidated Memorandum

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Proposed Order

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6 Proposed Order

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Oct. 2, 2012

Oct. 2, 2012

PACER
48

ORDER by Judge Consuelo B. Marshall: DENYING 47 Unopposed Ex Parte Application of Intervenor-Defendant The Bipartisan Legal Advisory Group of the U.S. House of Representatives ("BLAG") for Reconsideration of this Court's September 19, 2012 Order re: Leave to File a Consolidated Memorandum in Excess of Twenty-Five Pages (the "Application"). The Court would find it more helpful to have the benefit of briefing on BLAG's Motion to Dismiss and separate briefing on Plaintiffs' Motion for Preliminary Injunction. (lom) (Entered: 10/05/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
49

EX PARTE APPLICATION to Exceed Page Limitation Defendants' Opposition to BLAG's Motion to Dismiss filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Carlson, Jesi) (Entered: 10/09/2012)

1 Proposed Order

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Oct. 9, 2012

Oct. 9, 2012

PACER
50

EX PARTE APPLICATION to Exceed Page Limitation for Memorandum in Support of Motion to Dismiss and Memorandum in Opposition to Motion for Preliminary Injunction filed by Intervenor-Defendant Bipartisan Legal Advisory Group of the US House of Representatives. (Attachments: # 1 Tab 1, # 2 Tab 2, # 3 Exhibit A, # 4 Tab 3, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Proposed Order)(Kircher, Kerry) (Entered: 10/09/2012)

1 Tab 1

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2 Tab 2

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3 Exhibit A

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4 Tab 3

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5 Exhibit A

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6 Exhibit B

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7 Exhibit C

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8 Proposed Order

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Oct. 9, 2012

Oct. 9, 2012

PACER
51

OPPOSITION to MOTION to Dismiss Case 36 (filed by the Bipartisan Legal Advisory Group) filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Carlson, Jesi) (Entered: 10/09/2012)

1 Proposed Order

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Oct. 9, 2012

Oct. 9, 2012

PACER
52

First EX PARTE APPLICATION to Continue intervenor's motion to dismiss from November 6, 2012 to per court's order Re: MOTION to Dismiss Case 36 filed by plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Holguin, Carlos) (Entered: 10/09/2012)

1 Exhibit

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2 Proposed Order

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Oct. 9, 2012

Oct. 9, 2012

PACER
53

OPPOSITION to First EX PARTE APPLICATION to Continue intervenor's motion to dismiss from November 6, 2012 to per court's order Re: MOTION to Dismiss Case 36 First EX PARTE APPLICATION to Continue intervenor's motion to dismiss from November 6, 2012 to per court's order Re: MOTION to Dismiss Case 36 52 filed by Intervenor Bipartisan Legal Advisory Group of the US House of Representatives. (Attachments: # 1 Declaration of Kerry W. Kircher, # 2 Exhibit 1, # 3 Exhibit 2)(Kircher, Kerry) (Entered: 10/10/2012)

1 Declaration of Kerry W. Kircher

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2 Exhibit 1

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3 Exhibit 2

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Oct. 10, 2012

Oct. 10, 2012

PACER
54

IN CHAMBER MINUTE ORDER. The hearing on the MOTION to Dismiss Case 36 previously scheduled for 10/15/2012 at 10:00 AM has been rescheduled on the Courts own motion. The Motion is now set for hearing on November 6, 2012, at 10:00 AM before Judge Consuelo B. Marshall. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cs) TEXT ONLY ENTRY (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
55

MINUTES (IN CHAMBERS) by Judge Consuelo B. Marshall: granting in part and denying in part 49, 50, 52 Ex Parte Application. The Court denies in part and grants in part Defendants' Application, BLAG's Application, and Plaintiffs Application. BLAG shall file on or before October 22, 2012 a Memorandum of Points and Authorities in Support of its Motion to Dismiss that is no more than 30 pages in length, excluding exhibits and indices. Defendants and Plaintiffs shall file their Oppositions to BLAG's Motion to Dismiss on or before October 30, 2012 and each Opposition shall be no more than 30 pages in length, excluding exhibits and indices. BLAG shall file its Reply, if any, on or before November 6, 2012. Argument on BLAG's Motion to Dismiss, Defendants' Partial Motion to Dismiss, and Plaintiffs' Motions for Preliminary Injunction and Class Certification will be heard on November 20, 2012 at 10AM. The November 6, 2012 hearings are hereby vacated. (lom) (Entered: 10/12/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
57

MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall. The Court hereby GRANTS IN PART and DENIES IN PART BLAG's Application. BLAG's Opposition to Plaintiffs' Motion for Preliminary Injunction may be no more than twenty-eight pages in length, excluding indices and exhibits. (Cf. September 19, 2012 Minute Order (permitting Defendants to file an Opposition to Plaintiffs' Motion for Preliminary Injunction of not more than twenty-eight pages) re 42, 50, 55 . (lom) (Entered: 10/15/2012)

Oct. 12, 2012

Oct. 12, 2012

PACER
56

MEMORANDUM in Opposition to MOTION to Dismiss (Procedural Motion to Dismiss and Partial Motion to Dismiss) MOTION to Dismiss (Procedural Motion to Dismiss and Partial Motion to Dismiss) 46 filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Holguin, Carlos) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
58

OPPOSITION to MOTION to Dismiss (Procedural Motion to Dismiss and Partial Motion to Dismiss) MOTION to Dismiss (Procedural Motion to Dismiss and Partial Motion to Dismiss) 46 and in Support insofar as Defendants' Motion Constitutes Partial Motion to Dismiss filed by Intervenor Bipartisan Legal Advisory Group of the US House of Representatives. (Kircher, Kerry) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
59

NOTICE OF MOTION AND MOTION to Compel appearance at 30(b)(6) depositions, responses to interrogatories, requests for documents, and requests for admissions, First MOTION to Compel Answers to Interrogatories of US Citizneship & Immig Service and Department of Homeland Security, First MOTION to Compel Deposition of 30(b)(6) depo of USCIS and Department of Homeland Security filed by plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. Motion set for hearing on 11/19/2012 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (Attachments: # 1 Memorandum Local Rule 37 Stipulation re Discovery Disputes, # 2 Exhibit Ex. i to Stipulation re Discovery Disputes, # 3 Exhibit Ex. 2 to Stipulation re Discovery Disputes, # 4 Exhibit Ex. 3 to Stipulation re Discovery Disputes, # 5 Exhibit Ex. 4 to Stipulation re Discovery Disputes, # 6 Exhibit Ex. 5 to Stipulation re Discovery Disputes, # 7 Exhibit Ex.6 to Stipulation re Discovery Disputes, # 8 Exhibit Ex. 7 to Stipulation re Discovery Disputes, # 9 Exhibit Ex. 8 to Stipulation re Discovery Disputes)(Schey, Peter) (Entered: 10/17/2012)

1 Memorandum Local Rule 37 Stipulation re Discovery Disputes

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2 Exhibit Ex. i to Stipulation re Discovery Disputes

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3 Exhibit Ex. 2 to Stipulation re Discovery Disputes

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4 Exhibit Ex. 3 to Stipulation re Discovery Disputes

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5 Exhibit Ex. 4 to Stipulation re Discovery Disputes

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6 Exhibit Ex. 5 to Stipulation re Discovery Disputes

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7 Exhibit Ex.6 to Stipulation re Discovery Disputes

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8 Exhibit Ex. 7 to Stipulation re Discovery Disputes

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9 Exhibit Ex. 8 to Stipulation re Discovery Disputes

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Oct. 17, 2012

Oct. 17, 2012

PACER
60

First EX PARTE APPLICATION to Expedite Plaintiffs' motion compel discovery filed by plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Attachments: # 1 Proposed Order Proposed Order Expediting Motion to Compel Discovery)(Schey, Peter) (Entered: 10/17/2012)

1 Proposed Order Proposed Order Expediting Motion to Compel Discovery

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Oct. 17, 2012

Oct. 17, 2012

PACER
61

RESPONSE filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Servicesto First EX PARTE APPLICATION to Expedite Plaintiffs' motion compel discovery 60 (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)(Vahab, Lana) (Entered: 10/18/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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Oct. 18, 2012

Oct. 18, 2012

PACER
62

MEMORANDUM in Support of MOTION to Dismiss Case 36 filed by Intervenor Bipartisan Legal Advisory Group of the US House of Representatives. (Attachments: # 1 Exhibit A)(Kircher, Kerry) (Entered: 10/22/2012)

1 Exhibit A

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Oct. 22, 2012

Oct. 22, 2012

PACER
63

OPPOSITION to MOTION for Preliminary Injunction re Temporary protection from arrest and deportation, etc... If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday 12 filed by Intervenor Bipartisan Legal Advisory Group of the US House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kircher, Kerry) (Entered: 10/22/2012)

1 Exhibit A

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2 Exhibit B

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Oct. 22, 2012

Oct. 22, 2012

PACER
64

REPLY Reply in Support of Procedural Motion to Dismiss and Partial Motion to Dismiss MOTION to Dismiss (Procedural Motion to Dismiss and Partial Motion to Dismiss) MOTION to Dismiss (Procedural Motion to Dismiss and Partial Motion to Dismiss) 46 filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Carlson, Jesi) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
65

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response (non-motion), Response (non-motion) 61 . The following error(s) was found: Case number is incorrect or missing.Other error(s) with document(s) are specified below. Other error(s) with document(s): Docket entry does not match the title of the document.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mz) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

PACER
66

MINUTES (IN CHAMBERS): ORDER REGARDING PLAINTIFFS EX PARTE APPLICATION TO EXPEDITE HEARING AND RULING ON MOTION TO COMPEL DISCOVERY by Magistrate Judge Andrew J. Wistrich: denying 60 Ex Parte Application to Expedite. The ex parte application is denied. IT IS SO ORDERED. (mz) (Entered: 10/25/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
67

Joint Rule 26(f) Report REPORT of Joint Rule 26(f) Report filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Schey, Peter) (Entered: 10/27/2012)

Oct. 27, 2012

Oct. 27, 2012

PACER
68

NOTICE OF MOTION AND MOTION to Stay Discovery Proceedings filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. Motion set for hearing on 11/26/2012 at 11:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Memorandum, # 2 Exhibit 1-6, # 3 Proposed Order)(Carlson, Jesi) (Additional attachment(s) added on 10/30/2012: # 4 Notice of Motion) (lom). (Entered: 10/29/2012)

1 Memorandum

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2 Exhibit 1-6

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3 Proposed Order

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4 Notice of Motion

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Oct. 29, 2012

Oct. 29, 2012

PACER
69

NOTICE OF MOTION for Notice Pursuant to Fed.R.CIV.P. 23(D)(1)(B) re Certify Class filed by Non-Parties Edwin Blesch, Timothy Smulian, Frances Herbert, Takako Ueda, Santiago Ortiz, Pablo Garcia, Kelli Ryan, Lucy Truman, Heather Morgan, Maria del Mar Verdugo. Motion set for hearing on 11/20/2012 at 10:00 AM before Judge Consuelo B. Marshall. (lom) (lom). Modified on 12/3/2012 (lom). (Entered: 10/30/2012)

Oct. 29, 2012

Oct. 29, 2012

PACER
70

MEMORANDUM in Support of MOTION for Notice to Certify Class 69 filed by Movants Edwin Blesch, Pablo Garcia, Frances Herbert, Heather Morgan, Santiago Ortiz, Kelli Ryan, Timothy Smulian, Lucy Truman, Takako Ueda, Maria del Mar Verdugo. (lom) (Additional attachment(s) added on 10/30/2012: # 1 Exhibit A, # 2 Exhibit B) (lom). (Entered: 10/30/2012)

1 Exhibit A

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2 Exhibit B

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Oct. 29, 2012

Oct. 29, 2012

PACER
71

MEMORANDUM in Opposition to MOTION to Dismiss Case 36 by defendant-intervenor (Dkt #62) filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Schey, Peter) (Entered: 10/30/2012)

Oct. 30, 2012

Oct. 30, 2012

PACER
72

EXPARTE APPLICATION for Extension of Time to File Response to BLAG's Motion to Dismiss filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Declaration, # 2 Proposed Order)(Belsan, Timothy) (Entered: 10/30/2012)

1 Declaration

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2 Proposed Order

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Oct. 30, 2012

Oct. 30, 2012

PACER
73

MINUTES (IN CHAMBERS): ORDER by Judge Consuelo B. Marshall granting defendants ex parte application to respond to BLAG's motion to dismiss by November 1, 2012: granting 72 Ex Parte Application for Extension of Time to File (pg) (Entered: 10/31/2012)

Oct. 31, 2012

Oct. 31, 2012

PACER
74

NOTICE filed by Intervenor-Defendant Bipartisan Legal Advisory Group of the US House of Representatives. of Pertinent Supreme Court Conference (Kircher, Kerry) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
75

OPPOSITION to MOTION to Dismiss Case 36 filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Belsan, Timothy) (Entered: 11/01/2012)

1 Proposed Order

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Nov. 1, 2012

Nov. 1, 2012

PACER
76

NOTICE of Appearance filed by attorney Daralyn J Durie on behalf of Movants Edwin Blesch, Pablo Garcia, Frances Herbert, Heather Morgan, Santiago Ortiz, Kelli Ryan, Timothy Smulian, Lucy Truman, Takako Ueda, Maria del Mar Verdugo (Durie, Daralyn) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
77

APPLICATION for attorney Julie E. Fink to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11198110 paid.) filed by Non Party Edwin Blesch, Pablo Garcia, Frances Herbert, Heather Morgan, Santiago Ortiz, Kelli Ryan, Timothy Smulian, Lucy Truman, Takako Ueda, Maria del Mar Verdugo. (Attachments: # 1 Proposed Order)(Durie, Daralyn) (Entered: 11/01/2012)

1 Proposed Order

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Nov. 1, 2012

Nov. 1, 2012

PACER
78

APPLICATION for attorney Eric Alan Stone to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11198177 paid.) filed by Non Party Edwin Blesch, Pablo Garcia, Frances Herbert, Heather Morgan, Santiago Ortiz, Kelli Ryan, Timothy Smulian, Lucy Truman, Takako Ueda, Maria del Mar Verdugo. (Attachments: # 1 Proposed Order)(Durie, Daralyn) (Entered: 11/01/2012)

1 Proposed Order

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Nov. 1, 2012

Nov. 1, 2012

PACER
79

APPLICATION for attorney Victoria F. Neilson to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11198207 paid.) filed by Non Party Edwin Blesch, Pablo Garcia, Frances Herbert, Heather Morgan, Santiago Ortiz, Kelli Ryan, Timothy Smulian, Lucy Truman, Takako Ueda, Maria del Mar Verdugo. (Attachments: # 1 Proposed Order)(Durie, Daralyn) (Entered: 11/01/2012)

1 Proposed Order

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Nov. 1, 2012

Nov. 1, 2012

PACER
80

SUPPLEMENT Brief Regarding Plaintiffs' Motion to Compel filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Carlson, Jesi) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
81

MEMORANDUM in Opposition to MOTION to Stay Discovery Proceedings 68 filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Schey, Peter) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
82

SUPPLEMENT of Authority Regarding Plaintiffs' Motion for Preliminary Injunction filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit Memorandum dated October 5, 2012)(Carlson, Jesi) (Entered: 11/06/2012)

1 Exhibit Memorandum dated October 5, 2012

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Nov. 6, 2012

Nov. 6, 2012

PACER
83

NOTICE of Appearance filed by attorney Aaron S Goldsmith on behalf of Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services (Goldsmith, Aaron) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
84

NOTICE of Appearance filed by attorney Thomas Roy Plummer on behalf of Movants Edwin Blesch, Pablo Garcia, Frances Herbert, Heather Morgan, Santiago Ortiz, Kelli Ryan, Timothy Smulian, Lucy Truman, Takako Ueda, Maria del Mar Verdugo (Plummer, Thomas) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
85

REPLY to Plaintiffs' Opposition and in Support of MOTION to Dismiss Case 36 filed by Intervenor Bipartisan Legal Advisory Group of the US House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kircher, Kerry) (Entered: 11/06/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 6, 2012

Nov. 6, 2012

PACER
86

REPLY to Executive Branch defendants' Opposition and in Support of MOTION to Dismiss Case 36 filed by Intervenor Bipartisan Legal Advisory Group of the US House of Representatives. (Kircher, Kerry) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
87

REPLY in support MOTION to Certify Class 13 filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Holguin, Carlos) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
88

REPLY in support MOTION for Preliminary Injunction re Temporary protection from arrest and deportation, etc... If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday 12 filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Holguin, Carlos) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
89

EXHIBIT 1-17 to MOTION to Certify Class 13, MOTION for Preliminary Injunction re Temporary protection from arrest and deportation, etc... If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday 12 filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Holguin, Carlos) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
90

EX PARTE APPLICATION to Continue Hearing from November 20, 2012 to December 4, 2012 filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Attachments: # 1 Declaration, # 2 Proposed Order)(Goldsmith, Aaron) (Entered: 11/07/2012)

1 Declaration

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2 Proposed Order

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Nov. 7, 2012

Nov. 7, 2012

PACER
91

NOTICE OF NON-OPPOSITION and Response to Non-Parties' Motion for Notice filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Goldsmith, Aaron) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER
92

REPLY In Support Of MOTION to Stay Discovery Proceedings 68 filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Belsan, Timothy) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER
93

EXHIBIT 18-19 to MOTION to Certify Class 13, EX PARTE APPLICATION to Continue Hearing from November 20, 2012 to December 4, 2012 90, MOTION for Preliminary Injunction re Temporary protection from arrest and deportation, etc... If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday 12 filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Holguin, Carlos) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER
94

MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue Hearing from November 20, 2012 to December 4, 2012 90 filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Holguin, Carlos) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER
95

MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue Hearing from November 20, 2012 to December 4, 2012 90 (corrected) filed by Plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. (Holguin, Carlos) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
96

NOTICE filed by plaintiffs Martin R Aranas, Jane DeLeon, Irma Rodriguez. of filing corrected opposition to ex parte application (Dkt.90) (Holguin, Carlos) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
97

REPLY in support of Ex Parte Application to Postpone Hearing filed by Defendants Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, United States Citizenship and Immigration Services. (Goldsmith, Aaron) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
98

MINUTE ORDER (IN CHAMBERS) by Judge Consuelo B. Marshall DENYING Defendant's Ex Parte Application to Continue Hearing: denying 90 Ex Parte Application to Continue. (pg) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
100

ORDER by Judge Consuelo B. Marshall: granting 77 Application to Appear Pro Hac Vice by Attorney Julie E. Fink on behalf of Movants, designating Daralyn J. Durie as local counsel. (lt) (Entered: 11/15/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: July 12, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An American woman and a Filipina married under California law and their son, the biological child of the Filipina spouse.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Human Rights & Constitutional Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Mixed

Source of Relief:

Litigation

Form of Settlement:

Conditional Dismissal

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation

Immigration/Border:

Constitutional rights

Deportation - criteria

Family Separation

Status/Classification