Case: Roy v. Los Angeles County

2:12-cv-09012 | U.S. District Court for the Central District of California

Filed Date: Oct. 19, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 19, 2012, five named plaintiffs filed this class action lawsuit in the U.S. District Court for the Central District of California, challenging the Los Angeles County Sheriff’s Department’s (LASD) practice of holding individuals subject to immigration detainer beyond their release date solely on the basis of the detainer. The plaintiffs alleged that these practices violated state law, the Fourth and Fourteenth Amendments to the U.S. Constitution, and the California Constitution (Cal. …

On October 19, 2012, five named plaintiffs filed this class action lawsuit in the U.S. District Court for the Central District of California, challenging the Los Angeles County Sheriff’s Department’s (LASD) practice of holding individuals subject to immigration detainer beyond their release date solely on the basis of the detainer. The plaintiffs alleged that these practices violated state law, the Fourth and Fourteenth Amendments to the U.S. Constitution, and the California Constitution (Cal. Constitution, Art. 1, §§ 7, 13). The plaintiffs, represented by the ACLU and other public interest organizations, sought an injunction enjoining the defendant from continuing its immigration detainer hold practice, a declaration that these practices were a violation of state and federal law, and monetary damages.

Specifically, the complaint challenged the legality of two alleged practices in the LASD: (1) denying bail to people who wanted to post bail and had already obtained a court order setting bail on the ground that the federal government had filed an "immigration detainer" asking the LASD to hold them; and (2) denying such persons release from the Los Angeles County Jail for 48 hours or more on the basis of the immigration detainer, even though all charges against them had been dismissed, they had been acquitted of the charge for which they were being held, they were ordered released, or they had served their sentence. The plaintiffs argued that although immigration detainers were voluntary requests, as a matter of practice and policy, LASD held every person who was the subject of an immigration detainer beyond their release dates solely on the basis of the detainer.

The complaint defined the putative class as all persons who were or would be (1) detained in the custody of the LASD, (2) had an immigration hold placed on them by Immigration and Customs Enforcement (ICE) while in LASD custody that was not supported by a lawful probable cause determination, (3) were entitled to release from LASD custody under applicable federal or state law (which created a liberty interest in such release), (4) due to LASD policy and practice were not released (to the extent that they were otherwise entitled to release) but held in LASD custody on the authority of ICE after they were eligible for release from LASD custody.

The case was soon transferred to Judge Beverly Reid O’Connell. After failed attempts at mediation, the parties moved into discovery. In the meantime, one of the plaintiffs who had already been released from LASD custody had gone missing and apparently had been deported. On April 27, 2015, Judge O’Connell granted defendants’ motion to dismiss this plaintiff without prejudice. 2015 WL 12752555.

On July 9, 2015, Judge O’Connell granted in part and denied in part LASD’s motion for judgment on the pleadings. Judge O’Connell dismissed plaintiffs’ claims for money damages under provisions of the California state constitution (Art. I, §§ 7, 13), finding that these provisions did not confer private rights of action for damages. Further, Judge O’Connell dismissed plaintiffs’ claim under California’s Tom Bane Civil Rights Act for damages for threats, intimidation, or coercion interfering with U.S. or state constitutional rights, finding that the plaintiffs had not shown that LASD engaged in such wrongful conduct independent of the detentions. However, Judge O’Connell also denied LASD’s challenge to plaintiffs’ other state law claims. She found that the plaintiffs had sufficiently complied with the requirements of the California Tort Claims Act for suing a public entity, and were not barred by public entity immunity because they alleged they were unlawfully confined. She also let stand plaintiffs’ claims against the Sheriff in his official capacity as not duplicative of claims against the County. 114 F.Supp.3d 1030.

On July 28, 2015, Judge O'Connell granted LASD's motion to consolidate this case with a related case, Gonzalez v. Immigration and Customs Enforcement. Both the plaintiffs and ICE had opposed LASD’s motion, arguing that the cases involved different defendants and substantially different legal issues and factual questions about defendants’ liability. Nevertheless, Judge O’Connell ordered the consolidation for pretrial purposes, finding the two cases to both concern the legality of ICE detainers, specifically whether they must be supported by individualized probable cause determinations. 2015 WL 12743601.

On September 17, 2015, Judge O’Connell granted in part and denied in part the plaintiffs’ motion for leave to amend the scheduling order and the pleadings. She allowed the plaintiffs to amend their California statutory claims for violations of their right to timely release and release on bail. However, she denied the plaintiffs leave to add equal protection claims under California statutes and 42 U.S.C. § 1983, finding that the plaintiffs had not shown diligence in requesting an amendment for these claims. 2015 WL 12752441. The plaintiffs then filed a First Amended Complaint on October 2, 2015.

On November 20, 2015, Judge O’Connell granted in part and denied in part the defendants’ motion to dismiss the plaintiff’s First Amended Complaint, and granted the defendants’ motion to strike several paragraphs of the complaint pleading equal protection claims. For the latter, Judge O’Connell found that these pleadings were barred by her September 17, 2015 order. However, Judge O’Connell also ruled in favor of the plaintiffs on several points. First, she found that the defendants’ state statutory discretionary immunity did not bar the plaintiffs’ claims, as the plaintiffs did not allege that a public employee engaged in a discretionary act or omission causing injury. She also found that the plaintiffs stated a valid negligence per se claim under state law (though she also dismissed another negligence per se claim as duplicative). Finally, she found that the plaintiffs adequately pleaded an actionable coercive act independently of the detentions themselves, by alleging that LASD falsely recorded and treated ICE detainers as mandatory detentions. 2015 WL 12582637.

On December 7, 2015, the plaintiffs filed a Second Amended Complaint, slightly modifying the claims in the initial complaint. They alleged violations of Fourth Amendment due process and unlawful seizure; and state law on false imprisonment, negligence per se, release on bail, and timely release.

On September 9, 2016, Judge O’Connell granted in part and denied in part the plaintiffs’ motions for class certification. She certified most of the plaintiffs’ proposed classes and subclasses. For the Roy plaintiffs, the classes and subclasses certified included all LASD inmates held on the basis of ICE detainers beyond their scheduled time of release from custody, so long as they did not have final orders of removal. Some of these classes would have otherwise been eligible to post bail. For the Gonzalez plaintiffs, the classes certified included all persons in the Central District of California subject to an ICE detainer and held for at least 48 hours, but who were not in removal proceedings and had not been issued final orders of removal or ICE administrative warrants. 2016 WL 5219468.

On June 12, 2017, Judge O'Connell denied the plaintiffs' motion for partial summary judgment, filed by two of the Gonzalez plaintiffs. They had asked the court to end ICE’s use of detainers for over 48 hours with no judicial determination of probable cause for this detention, which the plaintiffs alleged violated the Fourth Amendment. Judge O'Connell disagreed, holding that the Fourth Amendment did not require a judge to review ICE officers' probable-cause determinations, because these were civil and not criminal proceedings. Judge O'Connell thus granted summary judgment to the defendants on this issue. 2017 WL 2559616.

As of November 2017, the parties were engaging in discovery, and a jury trial was set for May 22, 2018. The court scheduled several motion hearings: one on September 12, 2017 to address a large group of motions (Judge O'Connell held this hearing but did not issue an order before the case was transferred), and one on September 25, 2017 to consider law professors' request to file an amicus brief supporting the plaintiffs. After the September 12 hearing, the defendants filed several notices of supplemental authority; one referred to El Cenizo v. Texas, in which the Fifth Circuit let stand a detainer provision of a Texas state statute requiring law enforcement agencies to “comply with, honor, and fulfill” any ICE detainer request.

This case was transferred to Judge Percy Anderson on October 18, 2017, and then transferred again on November 1 to Judge Andre Birotte, Jr.

On February 7, 2018, Judge Birotte issued an order. First, as to Gonzalez, he denied the Gonzalez defendants' motion to dismiss and for summary judgment, while granting in part and denying in part the Gonzalez plaintiffs' motion for summary judgment. He held that the Court had subject-matter jurisdiction because the Gonzalez plaintiffs' claim did not arise from removal proceedings (under the jurisdiction of the Immigration Court). Rather, ICE issued the detainers to the plaintiffs independent of removal proceedings. Judge Birotte also denied summary judgment as to the Gonzalez probable-cause subclass, because a factual dispute existed as to whether ICE databases were complete and reliable enough to be a sufficient source for the probable-cause determination. Additionally, Judge Birotte held that several Gonzalez subclasses' claims—based on policies that ICE claimed to have ended—were not moot because ICE had not met its heavy burden of establishing it would not resume its practice of issuing warrantless detentions to these groups.

Next, as to Roy, Judge Birotte granted in part and denied in part the Roy defendants' and plaintiffs' motions for summary judgment. He denied summary judgment as to several Roy subclasses, because a factual dispute existed as to whether investigative detainers were based on probable cause and as to how LASD classified "no bail" holds. Next, Judge Birotte granted the Roy plaintiffs' motion for summary judgment as to the post-48-hour subclass—individuals whom the LASD held in detention beyond their scheduled release date, solely for civil immigration violations, thus violating the Fourth Amendment. Judge Birotte also held that LASD's policy of booking individuals subject to immigration detainers, when those individuals would otherwise be subject to LASD's policy of not booking arrestees with a bail amount lower than $25,000, violated equal protection. As to the Roy plaintiffs' state law claims, Judge Birotte found that they were barred by state sovereign immunity.

Finally, Judge Birotte noted that newly enacted California statutes prohibited the Roy defendants from engaging in the challenged conduct of detaining an individual on the basis of an immigration hold, and thus, the Roy plaintiffs' injunctive and declaratory relief claims were moot. 2018 WL 914773.

On March 2, both the Roy and Gonzalez plaintiffs moved to modify the class definition. On March 30, defendant opposed this motion and also moved for class decertification; plaintiff replied on April 9. Defendant also, on March 13, moved for reconsideration of the court's order, but Judge Birotte denied this motion on April 18.

On April 18, 2018, Judge Birotte denied the Gonzalez defendants' motion to reconsider the February motion for partial summary judgment in favor of the plaintiffs' subclass.

On July 18, 2018, Judge Birotte granted the Roy plaintiffs' motion to modify the class definition, which was amended such that the Post-48 Hour subclass included "All LASD inmates who were detained beyond the time they are due for release from criminal custody, solely on the basis of immigration detainers, excluding inmates who had a final order of removal or were subject to ongoing removal proceedings as indicated on the face of the detainer."

From late-summer to the beginning of winter 2018, the parties litigated various filing deadlines, further consolidation of the cases, and timing of the trial, and the Roy case was undergoing mediation proceedings. The two cases were to remain consolidated until the conclusion of a trial in either case.

In light of the Court’s April 18, 2018, decision, ICE cancelled all active detainers issued without a warrant by an ICE officer on November 9, 2018.

After being rescheduled several times, the Gonzalez trial took place on May 7 through May 16, 2019.

On June 21, 2019, the Gonzalez plaintiffs filed a motion for a permanent injunction as to the claims decided in the February 7, 2018, summary judgment. In that order, the court held that ICE violated the Fourth Amendment when it issued detainers based on no more than evidence of a person's foreign place of birth. The court also held that ICE violates its warrantless arrest authority when it issues detainers without determining that a person is likely to escape before an administrative ICE warrant can be obtained. The plaintiffs argued that a permanent injunction enjoining the detainer practice was appropriate because class members "continue[d] to be subject ... to arrests pursuant to detainers based solely on evidence of foreign birth and an absence of information in DHS databases and to warrantless arrest without any individualized assessment of flight risk."

On September 27, 2019, Judge Birotte denied the motion for a permanent injunction. Judge Birotte held that "the Court is not persuaded that Plaintiffs have provided support for their bare assertion that the Subclasses are still in threat of continuing violations." Judge Birotte reasoned that given its new detainer policy and the November 18, 2018, decision to cancel all active detainers, ICE has evidenced compliance with the summary judgment and that a permanent injunction is unnecessary. 416 F. Supp. 3d 995.

On February 5, 2020, Judge Birotte issued a final judgment resolving all claims regarding the Gonzalez suit. Judge Birotte found in favor of plaintiff and the Probable Cause subclass on their claims that defendants violated the Fourth Amendment by (1) issuing detainers based on probable-cause determinations from unreliable database searches alone and (2) by issuing detainers based on probable-cause determinations from evidence of foreign place of birth and no match in a federal immigration database. Judgment was also entered in favor of plaintiff and the Probable Cause Subclass on their claim that defendants violated the Fourth Amendment by issuing detainers to state and local law enforcement agencies in states that do not expressly authorize civil immigration arrests in state statutes. Judge Birotte found in favor of the plaintiff and the Statutory subclass on their claim that defendants violated 8 U.S.C. § 1357(a)(2) by issuing detainers without either issuing an administrative warrant or determining that a person "'is likely to escape before a warrant can be obtained for [their] arrest.'"

Judge Birotte permanently enjoined the defendants from issuing detainers to Probable Cause Subclass members based solely on unreliable database searches and from issuing detainers seeking the detention of Probable Cause Subclass members to law enforcement agencies not authorized to make arrests based on detainers only.

On February 14, 2020, the defendants appealed the district court's final judgment to the Ninth Circuit (Docket No. 20-55175).

On February 17, 2020, in the district court, defendants filed an emergency application to stay the final judgment and permanent injunction pending appeal to the Ninth Circuit. Judge Birotte denied the defendants' application to stay on February 20, 2020.

One day later, in the Ninth Circuit, defendants filed an emergency motion for immediate administrative stay and motion for stay pending appeal, citing irreparable harm to the government caused by the injunction and arguing that a brief stay of the injunction pending appeal would not harm the plaintiffs. A Ninth Circuit panel (Circuit Judges William Canby, Ronald Gould, and Paul Watford) denied the immediate administrative stay on February 24, 2020. A week later, on March 2, 2020, the Ninth Circuit panel issued an order granting in part and denying in part the defendants' emergency motion for stay pending appeal. The panel granted the motion to stay regarding the portion of the injunction enjoining defendants from “issuing detainers seeking the detention of Probable Cause Subclass members to law enforcement agencies in states that lack state law permitting state and local law enforcement agencies to make civil immigration arrests based on civil immigration detainers only.” The panel denied the motion to stay in all other respects.

The parties stipulated to de-consolidate Roy and Gonzalez, and the district court ordered the cases de-consolidated on March 18, 2020. On May 13, 2020, the parties in the Roy suit filed a joint status report, stating that "the parties have negotiated the remaining aspects of the parties’ settlement, which is reflected in a settlement agreement jointly drafted by counsel." But they warned that it would take some time to finalize the settlement.

On September 11, 2020, the Ninth Circuit affirmed in part and reversed in part the district court's decision in Gonzalez. First, the Ninth Circuit upheld certification of the Probable Cause subclass. Second, the court reversed and vacated the injunction against issuing detainers to local law enforcement in states that lack laws allowing local law enforcement to make immigration arrests. It reasoned that the presence or absence of probable cause rather than state law determines whether issuance of a detainer violates the Fourth Amendment. Third, the court reversed and vacated the injunction against issuing detainers solely based on searches of electronic databases to make a probable cause determination because the district court erroneously concluded that databases not designed to establish probable cause were unreliable. Fourth, the court held that the Fourth Amendment requires a prompt probable cause determination before a neutral magistrate, reversing the district court's conclusion that this requirement did not apply to immigration detainers. 975 F.3d 788.

On October 30, 2020, the plaintiffs filed a motion for preliminary approval of class action settlement. The court approved the settlement agreement on November 25. Per the agreement, the defendants agreed to pay $14,000,000 to class members. As determined by earlier class certifications decisions, the settlement agreement included three subclasses:

  1. Fourth Amendment ("Gerstein") Class: People detained beyond their timely release due solely to immigration detainers during the time period of 10/19/2010 through 6/6/2014.
  2. Equal Protection Class: Detainees on whom an immigration detainer had been lodged who otherwise would have subject to LASD's policy of not booking misdemeanor defendants with bail of less than $25,000.
  3. No-Bail-Notation Class: Detainees on whom an immigration detainer had been lodged and record in LASD's database, and who were held on charges for which they would have been eligible to post bail.

The Settlement Agreement stated that Gerstein and Equal Protection class members were entitled to $1,000 for each unlawful detention day, with a maximum award of $25,000. The No-Bail-Notation Class Members were entitled to a flat $250 if they attested to their financial ability to pay bail if they were allowed to do so.

As of December 23, the case is proceeding in accordance with the terms of the Settlement Agreement.

Summary Authors

Dan Osher (5/27/2013)

Tania Morris Diaz (12/5/2014)

Ava Morgenstern (4/24/2018)

Aaron Gurley (6/1/2020)

Zofia Peach (12/23/2020)

Related Cases

Gonzalez v. U.S. Immigration and Customs Enforcement, Central District of California (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4149262/parties/duncan-roy-v-county-of-los-angeles/


Judge(s)

Bade, Bridget Shelton (Arizona)

Birotte, Andre Jr. (California)

Klausner, Gary (California)

Mumm, Frederick F. (California)

O'Connell, Beverly Reid (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Amdur, Spencer (New York)

Arulanantham, Ahilan T (California)

Battles, Lindsay B. (California)

Bibring, Peter (California)

Judge(s)

Bade, Bridget Shelton (Arizona)

Birotte, Andre Jr. (California)

Klausner, Gary (California)

Mumm, Frederick F. (California)

O'Connell, Beverly Reid (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Amdur, Spencer (New York)

Arulanantham, Ahilan T (California)

Battles, Lindsay B. (California)

Bibring, Peter (California)

Danjuma, R. Orion (California)

Desormeau, Katherine (California)

Eliasberg, Peter J. (California)

Fleming, Mark (Illinois)

Jadwat, Omar C. (New York)

Karp, Jessica Devlin (California)

Litt, Barrett S. (California)

Loyo, Ruben (Illinois)

McKinney, Zoe N. (California)

Newman, Chris (California)

Pasquarella, Jennifer (California)

Tajsar, Mohammad K. (California)

Torres-Guillen, Sylvia (California)

Traverso, Katherine M. (California)

Wang, Cecillia D (California)

Wells, Jordan (California)

Wofsy, Cody H. (California)

Attorneys(s) for Defendant

Baum, Andrew (California)

Beach, Paul B (California)

Bustos, Oscar Andres (California)

Choi, Jin S (California)

Clark, Justin W. (California)

Other Attorney(s)

Inkeles, John Joseph William (District of Columbia)

Lai, Anne (California)

Reuveni, Erez (District of Columbia)

Weintraub, J. Max (District of Columbia)

Expert/Monitor/Master

Bansal, Jessica Karp (California)

Documents in the Clearinghouse

Document

2:12-cv-09012

2:13-cv-04416

5:17-cv-01430

0:20-55175

Docket [PACER]

Dec. 22, 2020

Dec. 22, 2020

Docket

2:12-cv-09012

Request for Approval of Memorandum of Understanding Between the United States Department of Homeland Security and the Los Angeles County Board of Supervisors

Oct. 28, 2004

Oct. 28, 2004

Other
1

2:12-cv-09012

Complaint for Injunctive and Declaratory Relief and Damages

Oct. 19, 2012

Oct. 19, 2012

Complaint
69

2:12-cv-09012

Order Granting Defendants' Motion to Dismiss and Vacating Plaintiffs' Motion to Withdraw as Counsel as Moot

April 27, 2015

April 27, 2015

Order/Opinion
88

2:12-cv-09012

Order Granting in Part and Denying in Part Defendants' Motion for Judgment on the Pleadings

July 9, 2015

July 9, 2015

Order/Opinion
91

2:12-cv-09012

Order Granting Motions to Consolidate

Ray v. Los Angeles County

July 28, 2015

July 28, 2015

Order/Opinion
107

2:12-cv-09012

Order re: Plaintiffs' Motion for Leave to Amend the Scheduling Order and to Amend the Pleadings

Sept. 17, 2015

Sept. 17, 2015

Order/Opinion
124

2:12-cv-09012

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint and Granting Defendants' Motion to Strike Paragraphs 60 and 61 of the First Amended Complaint

Nov. 20, 2015

Nov. 20, 2015

Order/Opinion
125

2:12-cv-09012

Second Amended Complaint for Injunctive and Declaratory Relief and Damages

Dec. 7, 2015

Dec. 7, 2015

Complaint
184

2:12-cv-09012

Order re: Plaintiffs' Motion for Class Certification

Sept. 9, 2016

Sept. 9, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4149262/duncan-roy-v-county-of-los-angeles/

Last updated Aug. 28, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Leroy D Baca, County of Los Angeles. Case assigned to Judge R. Gary Klausner for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm.(Filing fee $ 350:PAID), filed by plaintiffs Duncan Roy, Annika Alliksoo, Clemente De La Cerda, Christian Michel Varela.(ghap) (ds). (Entered: 10/23/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER

Summons Issued

Oct. 19, 2012

Oct. 19, 2012

PACER

21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Leroy D Baca, County of Los Angeles. (ghap)

Oct. 19, 2012

Oct. 19, 2012

PACER
2

NOTICE of Interested Parties filed by Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (ghap) (ds). (Entered: 10/23/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
3

NOTICE of Related Case(s) filed by plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. Related Case(s): none indicated. (ghap) (ds). (Entered: 10/23/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
4

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Omar C Jadwat for Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. Your Pro Hac Vice application has not been received by the court. Please return you completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (ghap) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

PACER
5

DEMAND for Jury Trial filed by Plaintiff Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela.. (Bibring, Peter) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
6

STANDING ORDER by Judge R. Gary Klausner. (rne) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER
7

APPLICATION for attorney Omar C. Jadwat to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (Attachments: # 1 Proposed Order)(Eliasberg, Peter) (Entered: 10/25/2012)

1 Proposed Order

View on PACER

Oct. 25, 2012

Oct. 25, 2012

PACER
8

ORDER by Judge R. Gary Klausner: granting 7 Application to Appear Pro Hac Vice by Attorney Omar C. Jadwat on behalf of Plaintiffs, designating Peter Eliasberg as local counsel. (lt) (Entered: 10/30/2012)

Oct. 30, 2012

Oct. 30, 2012

PACER
9

NOTICE of Change of Attorney Information for attorney Lindsay Brooke Battles counsel for Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. Changing firm name to Kaye, McLane, Bednarski & Litt. Changing e-mail to lbattles@kmbllaw.com. Filed by Plaintiff Duncan Roy (Battles, Lindsay) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
10

NOTICE of Change of Attorney Information for attorney Barrett S Litt counsel for Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. Changing firm name to Kaye, McLane, Bednarski & Litt. Changing e-mail to blitt@kmbllaw.com. Filed by Plaintiffs Duncan Roy (Litt, Barrett) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
11

Joint STIPULATION for Leave to Extend Time to Serve Complaint and Summons filed by plaintiff Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (Attachments: # 1 Proposed Order)(Eliasberg, Peter) (Entered: 02/15/2013)

1 Proposed Order

View on PACER

Feb. 15, 2013

Feb. 15, 2013

PACER
12

DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner, re Stipulation for Leave to serve the summons and complaint 11 (bp) (Entered: 02/20/2013)

Feb. 20, 2013

Feb. 20, 2013

PACER
13

NOTICE of Change of Attorney Information for attorney Barrett S Litt counsel for Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. Changing firm name to Kaye, McLane, Bednarski & Litt. Changing e-mail to blitt@kmbllaw.com. Filed by Plaintiffs Duncan Roy (Litt, Barrett) (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

PACER
14

WAIVER OF SERVICE Returned Executed filed by Plaintiff Duncan Roy, Annika Alliksoo, Clemente De La Cerda, Christian Michel Varela. upon Leroy D Baca waiver sent by Plaintiff on 2/22/2013, answer due 4/23/2013. Waiver of Service signed by Paul Beach. (Eliasberg, Peter) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
15

WAIVER OF SERVICE Returned Executed filed by Plaintiff Duncan Roy, Annika Alliksoo, Clemente De La Cerda, Christian Michel Varela. upon County of Los Angeles waiver sent by Plaintiff on 2/22/2013, answer due 4/23/2013. Waiver of Service signed by Paul Beach. (Eliasberg, Peter) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
16

STIPULATION Extending Time to Answer the complaint as to Leroy D Baca answer now due 5/23/2013; County of Los Angeles answer now due 5/23/2013, filed by Defendants Leroy D Baca; County of Los Angeles.(Clark, Justin) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

PACER
17

NOTICE of Change of Attorney Information for attorney Paul B Beach counsel for Defendants Leroy D Baca, County of Los Angeles. Adding Paul B Beach as attorney as counsel of record for Defendants County of Los Angeles and Sheriff Leroy D. Baca for the reason indicated in the G-06 Notice. Filed by Defendants County of Los Angeles and Sheriff Leroy D. Baca (Beach, Paul) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

PACER
18

ORDER OF THE CHIEF JUDGE (#13-089) approved by Chief Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Beverly Reid O'Connell, this case is transferred from Judge R. Gary Klausner to the calendar of Judge Beverly Reid O'Connell for all further proceedings. The case number will now reflect the initials of the transferee Judge CV12-09012 BRO (FFMx). (at) (Entered: 05/08/2013)

May 7, 2013

May 7, 2013

PACER
19

STIPULATION for Extension of Time to File RESPONSE TO INITIAL COMPLAINT AND DEADLINE FOR MOTION FOR CLASS CERTIFICATION filed by DEFENDANTS Leroy D Baca, County of Los Angeles. (Attachments: # 1 Proposed Order)(Clark, Justin) (Entered: 05/20/2013)

1 Proposed Order

View on PACER

May 20, 2013

May 20, 2013

PACER
20

ORDER APPROVING Stipulation to Extend Time to Respond to Initial Complaint and Deadline for Motion for Class Certification 19 by Judge Beverly Reid O'Connell that Defendants Leroy D Baca and County of Los Angeles shall have until 6/24/2013 to respond to the initial Complaint. Plaintiffs shall have until 9/12/2013 to file a motion for class certification. (jp) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

PACER
21

STIPULATION for Extension of Time to File RESPONSE TO INITIAL COMPLAINT AND DEADLINE FOR MOTION FOR CLASS CERTIFICATION filed by DEFENDANTS Leroy D Baca, County of Los Angeles. (Attachments: # 1 Proposed Order)(Clark, Justin) (Entered: 06/21/2013)

1 Proposed Order

View on PACER

June 21, 2013

June 21, 2013

PACER
22

ORDER by Judge Beverly Reid O'Connell. IT IS HEREBY ORDERED that: Defendants County of Los Angeles and Sheriff Leroy Baca shall have until August 26, 2013 to respond to the initial Complaint. Plaintiffs shall have until December 2, 2013 to file a motion for class certification. (rfi) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

PACER
23

TEXT ONLY ENTRY (IN CHAMBERS): Judge Beverly Reid O'Connell is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at BRO_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dv) TEXT ONLY ENTRY (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

PACER
24

NOTICE of Appearance filed by attorney Rodkangyil Orion Danjuma on behalf of Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela (Danjuma, Rodkangyil) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

PACER
25

STIPULATION to Continue TIME TO RESPOND TO INITIAL COMPLAINT AND DEADLINE FOR MOTION FOR CLASS CERTIFICATION filed by DEFENDANTS Leroy D Baca, County of Los Angeles. (Attachments: # 1 Proposed Order)(Clark, Justin) (Entered: 08/23/2013)

1 Proposed Order

View on PACER

Aug. 23, 2013

Aug. 23, 2013

PACER
26

ORDER by Judge Beverly Reid O'Connell, re Stipulation to Continue 25 IT IS HEREBY ORDERED that: Defendants County of Los Angeles and Sheriff Leroy Baca shall have until November 9, 2013 to respond to the initial Complaint. Plaintiffs shall have until February 15, 2014 to file a motion for class certification. (rfi) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

PACER
27

STIPULATION for Order TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT AND DEADLINE FOR MOTION FOR CLASS CERTIFICATION filed by DEFENDANTS Leroy D Baca, County of Los Angeles. (Attachments: # 1 Proposed Order)(Clark, Justin) (Entered: 11/06/2013)

1 Proposed Order

View on PACER

Nov. 6, 2013

Nov. 6, 2013

PACER
28

ORDER by Judge Beverly Reid O'Connell, re Stipulation for Order 27 IT IS HEREBY ORDERED that: Defendants County of Los Angeles and Sheriff Leroy Baca shall have until February 6, 2014 to respond to the initial Complaint. Plaintiffs shall have until May 16, 2014 to file a motion for class certification. The parties are to file a Status Report setting forth the date of the Mediation no later than December 2, 2013. Additionally, the parties are to file a Status Report within 14 days of the completion of the mediation. IT IS SO ORDERED. (rfi) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
29

STATUS REPORT REGARDING SETTLEMENT EFFORTS PURSUANT TO THIS COURT'S NOVEMBER 13, 2013 ORDER filed by Defendants Leroy D Baca, County of Los Angeles. (Clark, Justin) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
30

ANSWER to Complaint - (Discovery), 1 with JURY DEMAND filed by DEFENDANTS Leroy D Baca, County of Los Angeles.(Clark, Justin) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
31

CERTIFICATE of Interested Parties filed by DEFENDANTS Leroy D Baca, County of Los Angeles, identifying Duncan Roy, Alain Martinez-Perez, Annika Alliksoo, Clemente De La Cerda, Christian Michel Varela, County of Los Angeles, Sheriff Leroy D. Baca. (Clark, Justin) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
32

ORDER SETTING RULE 26F SCHEDULING CONFERENCE by Judge Beverly Reid O'Connell. Scheduling Conference set for 3/31/2014 at 01:30 PM before Judge Beverly Reid O'Connell. (cb) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
33

Joint STIPULATION for Order TO EXTEND SCHEDULING CONFERENCE AND TRIAL AND PRETRIAL DEADLINES filed by plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (Attachments: # 1 Proposed Order To Extend Scheduling Conference and Trial and Pretrial Deadlines)(Pasquarella, Jennifer) (Entered: 03/14/2014)

1 Proposed Order To Extend Scheduling Conference and Trial and Pretrial Deadlines

View on PACER

March 14, 2014

March 14, 2014

PACER
34

ORDER by Judge Beverly Reid O'Connell, re Stipulation, 33 IT IS HEREBYORDERED that: The March 31, 2014 scheduling conference and any associateddiscovery or other deadlines, as well as the deadline for Plaintiffsto file a motion for class certification, shall be vacated pending theoutcome of the current mediation efforts. (rfi) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

PACER
35

STATUS REPORT REGARDING SETTLEMENT EFFORTS PURSUANT TO THIS COURT'S MARCH 18, 2014 ORDER filed by Defendants Leroy D Baca, County of Los Angeles. (Clark, Justin) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
36

NOTICE by Judge Beverly Reid O'Connell re: Status Report 35 . The parties are ORDERED to file a Joint Status Report no later than July 3, 2014, setting forth the status of this action. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
37

NOTICE of Change of Attorney Business or Contact Information: for attorney Jessica D Karp counsel for Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. Filed by Plaintiff Duncan Roy, et al. (Karp, Jessica) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

PACER
38

STATUS REPORT REGARDING SETTLEMENT EFFORTS PURSUANT TO THIS COURT'S MAY 29, 2014 ORDER filed by Defendants Leroy D Baca, County of Los Angeles. (Beach, Paul) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

PACER
39

SCHEDULING NOTICE by Judge Beverly Reid O'Connell. On the Court's own motion, the Scheduling Conference is reset for 7/21/2014 at 1:30 PM before Judge Beverly Reid O'Connell. The parties are ordered to file a Joint Report by 7/14/2014. See docket entry 32 for details. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
40

Joint STIPULATION to Continue Scheduling Conference from July 21, 2014 to July 28, 2014 filed by Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (Attachments: # 1 Proposed Order)(Litt, Barrett) (Entered: 07/10/2014)

1 Proposed Order

View on PACER

July 10, 2014

July 10, 2014

PACER
41

ORDER TO CONTINUE SCHEDULING CONFERENCE by Judge Beverly Reid O'Connell. GOOD CAUSE APPEARING as reflected in the stipulation 40 of the parties, the Scheduling Conference currently set for 7/21/2014, at 1:30 PM., is CONTINUED to 7/28/2014 at 1:30 PM. The Rule 26(f) Report is due on 7/21/2014. (jp) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
42

JOINT RULE 26(f) REPORT filed by Plaintiff Duncan Roy. (Attachments: # 1 Exhibit 1 (Notice of Related Cases), # 2 Exhibit 2 (Proposed Schedule))(Battles, Lindsay) (Entered: 07/21/2014)

1 Exhibit 1 (Notice of Related Cases)

View on PACER

2 Exhibit 2 (Proposed Schedule)

View on PACER

July 21, 2014

July 21, 2014

PACER
43

MINUTES OF SCHEDULING CONFERENCE held before Judge Beverly Reid O'Connell. Court conducts Scheduling Conference. Counsel inform the Court that their selection for a settlement procedure pursuant to Private Mediation. The Court orders that any settlement discussions shall be completed no later than September 14, 2015. Court Reporter: Debbie Hino-Spaan. (rfi) (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

PACER
44

ORDER/REFERRAL to ADR Procedure No 3 by Judge Beverly Reid O'Connell. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 9/14/15. (rfi) (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

PACER
45

CIVIL JURY TRIAL ORDER by Judge Beverly Reid O'Connell: Trial Estimate: 7-10 days. Amended Pleadings due by 10/19/2014. Discovery cut-off is 8/17/2015. Motions in Limine to be filed by 10/5/2015. Last date for hearing on motions is 8/24/2015 at 1:30 pm. Proposed Pretrial Order due by 9/28/2015. Last date to conduct settlement conference is 9/14/2015. Hearing on Motions in Limine set for hearing on 11/2/2015 at 01:30 PM before Judge Beverly Reid O'Connell. Pretrial Conference set for 10/5/2015 at 3:00 PM before Judge Beverly Reid O'Connell. Jury Trial set for 11/10/2015 at 8:30 AM before Judge Beverly Reid O'Connell. (rfi) (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

PACER
46

EX PARTE APPLICATION to Continue Deadline for Filing Class Certification Motion to 1/26/2015 filed by Plaintiff Annika Alliksoo. (Attachments: # 1 Affidavit of Barrett S. Litt (with Exhibit), # 2 Affidavit of Brian Kriegler (with Exhibit), # 3 Proposed Order)(Battles, Lindsay) (Entered: 07/31/2014)

1 Affidavit of Barrett S. Litt (with Exhibit)

View on PACER

2 Affidavit of Brian Kriegler (with Exhibit)

View on PACER

3 Proposed Order

View on PACER

July 31, 2014

July 31, 2014

PACER
47

NOTICE of Appearance filed by attorney Jin S Choi on behalf of Defendants Leroy D Baca, County of Los Angeles (Attorney Jin S Choi added to party Leroy D Baca(pty:dft), Attorney Jin S Choi added to party County of Los Angeles(pty:dft))(Choi, Jin) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

PACER
48

Opposition re: EX PARTE APPLICATION to Continue Deadline for Filing Class Certification Motion to 1/26/2015 46 filed by Defendants Leroy D Baca, County of Los Angeles. (Beach, Paul) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

PACER
49

ORDER by Judge Beverly Reid O'Connell: granting 46 Ex Parte Application to Continue. The class certification motion shall be filed by January 26, 2015. (rfi) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

RECAP
50

STIPULATION for Protective Order filed by DEFENDANTS Leroy D Baca, County of Los Angeles. (Attachments: # 1 Proposed Order)(Clark, Justin) (Entered: 09/23/2014)

1 Proposed Order

View on PACER

Sept. 23, 2014

Sept. 23, 2014

PACER
51

NOTE: CHANGES MADE BY THE COURT - ORDER RE STIPULATED PROTECTIVE ORDER REGARDING AJIS AND DIMMS DATA PRODUCED IN RESPONSE TO PLAINTIFFS REQUESTS FOR PRODUCTION, SETS ONE AND TWO 50 by Magistrate Judge Frederick F. Mumm. *See attached Order.* (es) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

RECAP
52

Notice of Appearance or Withdrawal of Counsel: for attorney Rodkangyil Orion Danjuma counsel for Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. Rodkangyil Orion Danjuma is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Duncan Roy, Annika Alliksoo, Clemente De La Cerda, and Christian Michel Varela. (Danjuma, Rodkangyil) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

PACER
53

Joint REQUEST for Order for Production of confidential data filed by Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (Attachments: # 1 Proposed Order)(Litt, Barrett) (Entered: 01/21/2015)

1 Proposed Order

View on PACER

Jan. 21, 2015

Jan. 21, 2015

PACER
54

STIPULATION to Continue Deadlines for Filing Plaintiffs' Motion for Class Certification from January 26, 2015 to June 15, 2015 filed by Plaintiff Duncan Roy. (Attachments: # 1 Proposed Order)(Battles, Lindsay) (Entered: 01/21/2015)

1 Proposed Order

View on PACER

Jan. 21, 2015

Jan. 21, 2015

PACER
55

ORDER GRANTING THE PARTIES' STIPULATION TO CONTINUE CLASS CERTIFICATION MOTION FILING DEADLINES by Judge Beverly Reid O'Connell, re Stipulation to Continue 54 . (rfi) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
56

ORDER RE STIPULATION REGARDING PRODUCTION OF CONFIDENTIAL DATA FROM LOS ANGELES COUNTY SHERIFFS DEPARTMENT COMPUTER SYSTEMS by Magistrate Judge Frederick F. Mumm: granting 53 Request for Order (see attached) (jm) (Entered: 01/27/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
57

OBJECTIONS to Plaintiffs' Subpoena filed by Objector Department of Homeland Security (DHS). (Weintraub, Jacob) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

PACER
58

NOTICE of Appearance filed by attorney Jacob Max Weintraub on behalf of Objector Department of Homeland Security (DHS) (Attorney Jacob Max Weintraub added to party Department of Homeland Security (DHS)(pty:obj))(Weintraub, Jacob) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

PACER
59

NOTICE of Erroneous Filing filed by non-party Department of Homeland Security (DHS). (Weintraub, Jacob) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

PACER
60

NOTICE of Appearance filed by attorney Katherine M Traverso on behalf of Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela (Attorney Katherine M Traverso added to party Annika Alliksoo(pty:pla), Attorney Katherine M Traverso added to party Clemente De La Cerda(pty:pla), Attorney Katherine M Traverso added to party Duncan Roy(pty:pla), Attorney Katherine M Traverso added to party Christian Michel Varela(pty:pla))(Traverso, Katherine) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
61

STIPULATION for Protective Order filed by Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (Attachments: # 1 Proposed Order)(Bansal, Jessica) (Entered: 03/27/2015)

1 Proposed Order

View on PACER

March 27, 2015

March 27, 2015

PACER
62

ORDER RE: STIPULATED PROTECTIVE ORDER FOR DHS PRODUCTIONS 61 by Magistrate Judge Frederick F. Mumm. *Note: Changes Made By the Court.** (es) (Entered: 04/02/2015)

April 2, 2015

April 2, 2015

RECAP
63

NOTICE OF MOTION AND MOTION of All counsel for plaintiffs to Withdraw as Attorney for Christian Michel Varela only filed by plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (Attachments: # 1 Proposed Order Granting Motion to Withdraw as Counsel)(Pasquarella, Jennifer) (Entered: 04/07/2015)

1 Proposed Order Granting Motion to Withdraw as Counsel

View on PACER

April 7, 2015

April 7, 2015

PACER
64

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION of All counsel for plaintiffs to Withdraw as Attorney for Christian Michel Varela only 63 . The following error(s) was found: Case number is incorrect or missing. 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. (jloz) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
65

NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF CHRISTIAN MICHEAL VARELA PURSUANT TO FED.R.CIV.P. RULE 41(B) AND RULE 37 FOR FAILURE TO PROSECUTE filed by DEFENDANTS Leroy D Baca, County of Los Angeles. Motion set for hearing on 5/11/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Proposed Order)(Clark, Justin) (Entered: 04/07/2015)

1 Proposed Order

View on PACER

April 7, 2015

April 7, 2015

PACER
66

MINUTE ORDER IN CHAMBERS by Judge Beverly Reid O'Connell: Plaintiffs' counsel is ORDERED to file a declaration stating whether they intend to file an opposition or whether they will not oppose the motion. The declaration shall be filed by no later than Friday, April 17, 2015, at 4:00 p.m 65 . (rfi) (Entered: 04/09/2015)

April 9, 2015

April 9, 2015

PACER
67

DECLARATION of Jennifer Pasquarella re Minutes of In Chambers Order/Directive - no proceeding held, 66 NON-OPPOSITION TO DEFENDANT COUNTY OF LOS ANGELES MOTION TO DISMISS PLAINTIFF CHRISTIAN MICHEL VARELA filed by Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (Pasquarella, Jennifer) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
68

NOTICE of Change of other firm name or address information by Jessica Karp Bansal attorney for Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy. Changing Email Address. Filed by Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy. (Bansal, Jessica) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

PACER
69

MINUTES (IN CHAMBERS) ORDER GRANTING Defendants' Motion to Dismiss 65 and VACATING Plaintiffs' Motion to Withdraw as Counsel 63 AS MOOT by Judge Beverly Reid O'Connell: Defendants' Motion to Dismiss pursuant to Federal Ruleof Civil Procedure 41(b) is GRANTED. Mr. Varela is hereby DISMISSED withoutprejudice from this case. Plaintiffs' Motion to Withdraw is accordingly VACATED as moot. The hearing on these matters set for 5/11/2015, at 1:30 PM., is herebyVACATED. (jp) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER
70

STIPULATION to Continue Trial and Pretrial Deadlines filed by Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy. (Attachments: # 1 Proposed Order)(Bansal, Jessica) (Entered: 06/05/2015)

1 Proposed Order

View on PACER

June 5, 2015

June 5, 2015

PACER
71

NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiffs' Complaint filed by Defendants Leroy D Baca, County of Los Angeles. Motion set for hearing on 7/6/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Proposed Order)(Clark, Justin) (Entered: 06/08/2015)

1 Proposed Order

View on PACER

June 8, 2015

June 8, 2015

PACER
72

NOTICE OF MOTION AND MOTION to Consolidate Cases, as to CV 13-04416 BRO, filed by Defendants Leroy D Baca, County of Los Angeles. Motion set for hearing on 7/6/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Proposed Order)(Clark, Justin) (Entered: 06/08/2015)

1 Proposed Order

View on PACER

June 8, 2015

June 8, 2015

PACER
73

ORDER GRANTING STIPULATION TO CONTINUE TRIAL AND PRETRIAL DATES by Judge Beverly Reid O'Connell, re Stipulation to Continue 70 Discovery cut-off 5/31/2016; Last date for hearing on motions is 6/6/2016 at 1:30 pm, Motions in Limine to be filed by 7/5/2016., Proposed Pretrial Order due by 6/27/2016., Last date to conduct settlement conference is 6/13/2016., Jury Trial set for 8/9/2016 at 8:30 AM before Judge Beverly Reid O'Connell., Pretrial Conference set for 7/11/2016 at 3:00 PM before Judge Beverly Reid O'Connell. (rfi) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER
74

STIPULATION to Continue Defendants' Motion for Judgment on the Pleadings from 7/6/2015 to 7/13/2015 Re: MOTION for Judgment on the Pleadings as to Plaintiffs' Complaint 71 filed by Plaintiff Clemente De La Cerda. (Attachments: # 1 Proposed Order Approving the Parties' Stipulation to Continue Defendants' Motion for Judgment on the Pleadings)(Battles, Lindsay) (Entered: 06/10/2015)

1 Proposed Order Approving the Parties' Stipulation to Continue Defendants�

View on PACER

June 10, 2015

June 10, 2015

PACER
75

STIPULATION to Continue Defendants' Motion for Consolidation from 7/6/2015 to 8/3/2015 Re: MOTION to Consolidate Cases, as to CV 13-04416 BRO, 72 filed by Plaintiff Clemente De La Cerda. (Attachments: # 1 Proposed Order)(Battles, Lindsay) (Entered: 06/11/2015)

1 Proposed Order

View on PACER

June 11, 2015

June 11, 2015

PACER
76

ORDER Re Stipulation to Continue Defendants' Motion for Judgment of the Pleadings 74 by Judge Beverly Reid O'Connell. The deadlines regarding Defendants' Motion for Judgment on the Pleadings 71 shall be continued by one week as follows: (1) The hearing on Defendants' motion will be moved from 7/6/2015 to 7/13/2015; (2) The deadline for Defendants' reply brief will be moved from 6/22/2015 to 7/29/2015; and, (3) The deadline for Plaintiffs' Opposition will be moved from 6/15/2015 to 6/22/2015. (jp) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
77

ORDER Re Stipulation to Continue Defendants' Motion to Consolidate 75 by Judge Beverly Reid O'Connell. The deadlines regarding Defendants' Motion to Consolidate shall be continued as follows: (1) The hearing on Defendants' motion will be moved from 7/6/2015 to 8/3/2015; (2) The deadline for Defendants' reply brief will be moved from 6/22/2015 to 7/20/2015; and, (3) The deadline for Plaintiffs' Opposition, and the Department of Homeland Security's Opposition, will be moved from 6/15/2015 to 7/6/2015. (jp) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
78

NOTICE OF ERRATA filed by Plaintiff Duncan Roy. correcting Stipulation to Continue, 74, Order,,, Set/Reset Motion Hearing and R&R Deadlines,, 76 (Battles, Lindsay) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
79

Joint STIPULATION to Exceed Page Limitation as to Opposition to Motion for Judgment on the Pleadings filed by Plaintiff Duncan Roy. (Attachments: # 1 Proposed Order)(Battles, Lindsay) (Entered: 06/22/2015)

1 Proposed Order

View on PACER

June 22, 2015

June 22, 2015

PACER
80

Opposition InOpposition re: MOTION for Judgment on the Pleadings as to Plaintiffs' Complaint 71 filed by Plaintiff Duncan Roy. (Battles, Lindsay) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

RECAP
81

DECLARATION of Jennifer Pasquarella In Opposition To MOTION for Judgment on the Pleadings as to Plaintiffs' Complaint 71 filed by Plaintiff Duncan Roy. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Battles, Lindsay) (Entered: 06/22/2015)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

June 22, 2015

June 22, 2015

PACER
82

ORDER GRANTING STIPULATION FOR OVERLONG BRIEFS 79 by Judge Beverly Reid O'Connell. (jloz) (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

PACER
83

REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION for Judgment on the Pleadings as to Plaintiffs' Complaint 71 filed by Defendants Leroy D Baca, County of Los Angeles. (Clark, Justin) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
84

MEMORANDUM in Opposition to MOTION to Consolidate Cases, as to CV 13-04416 BRO, 72 filed by Objector Department of Homeland Security (DHS). (Weintraub, Jacob) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER
85

RESPONSE filed by Plaintiff Duncan Roy Response to Evidentiary Objections (Battles, Lindsay) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

PACER
86

REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Duncan Roy. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Battles, Lindsay) (Entered: 07/02/2015)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

July 2, 2015

July 2, 2015

PACER
87

MEMORANDUM in Opposition to MOTION to Consolidate Cases, as to CV 13-04416 BRO, 72 filed by Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (Pasquarella, Jennifer) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

PACER
88

(IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS 71 by Judge Beverly Reid O'Connell: Defendants' Motion for Judgment on the Pleadings is GRANTED in part and DENIED in part. Plaintiffs' third and fourth claims for violations of article I, sections 7 and 13 of the California Constitution are DISMISSED to the extent Plaintiffs seek monetary relief. Plaintiffs' eighth claim for violations of the Bane Act under section 52.1 is also DISMISSED. The hearing set for this matter on July 13, 2015, at 1:30 p.m., is hereby VACATED. IT IS SO ORDERED. (jloz) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
89

REPLY MOTION to Consolidate Cases, as to CV 13-04416 BRO, 72 filed by Defendants Leroy D Baca, County of Los Angeles. (Clark, Justin) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

PACER
90

REPLY MOTION to Consolidate Cases, as to CV 13-04416 BRO, 72 filed by Defendants Leroy D Baca, County of Los Angeles. (Clark, Justin) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

PACER
91

MINUTES (IN CHAMBERS) ORDER GRANTING MOTIONS TO CONSOLIDATE by Judge Beverly Reid O'Connell: County Defendants The County of Los Angeles and Los Angeles County Sheriff's Motions to Consolidate 72 are GRANTED. These cases are hereby consolidated for pretrial purposes only. The Court will consider a renewed motion to consolidate these matters for trial at a later date, with any such motion to be filed and heard by no later than 6/6/2016. For ease of record keeping, all further documents and proceedings shall occur under Case No. CV 12-09012 BRO (FFMx). Case No. CV 13-04416 BRO (FFMx) shall be closed until pretrial proceedings have expired, at which point the case shall be reopened if the matters are not consolidated for trial. Until such time, counsel shall file all further documents under Case No. CV 12-09012 BRO (FFMx) only. The hearing on County Defendants' consolidation motions scheduled for 8/3/2015 at 1:30 PM, is hereby VACATED. The parties are also ordered to attend a mandatory status conference on 8/24/2015 at 1:30 PM, to discuss any further issues related to consolidation. Court Reporter: Not Present. (gk) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
92

Joint STIPULATION to Vacate Pre-trial and trial deadlines Order,,, Set/Reset Deadlines/Hearings,, 73 filed by Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (Attachments: # 1 Proposed Order)(Battles, Lindsay) (Entered: 08/07/2015)

1 Proposed Order

View on PACER

Aug. 7, 2015

Aug. 7, 2015

PACER
93

ORDER RE STIPULATION TO VACATE THE SEPTEMBER 14, 2015 DEADLINE FOR PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND TO VACATE DEADLINES IN GONZALEZ PENDING FURTHER INSTRUCTION FROM THE COURT 92 by Judge Beverly Reid O'Connell. IT IS ORDERED: 1. All pretrial and trial deadlines in Gonzalez shall be vacated pending further instruction from the Court. Absent further order from the Court, the deadlines set by the Court's June 9, 2015 Order [Dkt. 73] shall apply to Gonzalez. 2. The September 14, 2015 deadline for Plaintiffs to file their Motion for Partial Summary Judgment shall be vacated. (jloz) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
94

Joint STIPULATION to Continue Mandatory Status Conference from August 24, 2015 to September 11 or 21, 2015 Re: Order on Motion to Consolidate Cases,,,, 91 filed by Consolidated Defendant Department of Homeland Security (DHS). (Attachments: # 1 Proposed Order)(Weintraub, Jacob) (Entered: 08/19/2015)

1 Proposed Order

View on PACER

Aug. 19, 2015

Aug. 19, 2015

PACER
95

ORDER GRANTING Stipulation to Continue August 24, 2015 Status Conference 94 by Judge Beverly Reid O'Connell that the 8/24/2015 Conference is hereby CONTINUED until 9/11/2015 at 8:30 AM. (jp) (Entered: 08/20/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
96

NOTICE OF MOTION AND MOTION to Amend Complaint - (Discovery), 1 filed by Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. Motion set for hearing on 9/21/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Exhibit Proposed First Amended Complaint, # 2 Proposed Order) (Litt, Barrett) (Entered: 08/24/2015)

1 Exhibit Proposed First Amended Complaint

View on PACER

2 Proposed Order

View on PACER

Aug. 24, 2015

Aug. 24, 2015

PACER
97

DECLARATION of Lindsay Battles In Support Of NOTICE OF MOTION AND MOTION to Amend Complaint - (Discovery), 1 96 filed by Plaintiffs Annika Alliksoo, Clemente De La Cerda, Duncan Roy, Christian Michel Varela. (Litt, Barrett) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
98

OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND TO AMEND THE PLEADINGS re: NOTICE OF MOTION AND MOTION to Amend Complaint - (Discovery), 1 96 filed by Defendants Leroy D Baca, County of Los Angeles. (Attachments: # 1 Exhibits A-D)(Clark, Justin) (Entered: 08/31/2015)

1 Exhibits A-D

View on PACER

Aug. 31, 2015

Aug. 31, 2015

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 19, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who are or will be (1) detained in LASD custody, (2) have an immigration hold placed on them by ICE not supported by a lawful probable cause determination, (3) are entitled to be released from LASD custody under applicable federal or state law, (4) due to LASD policy and practice are not released (to the extent they were otherwise entitled to release) but held in LASD custody on the authority of the ICE hold after they were eligible for for release from LASD custody.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU National (all projects)

ACLU of Southern California

Kaye, McLane, Bednarski & Litt

National Day Laborer Organizing Network (NDLON)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Los Angeles Sheriffs Department (Los Angeles), County

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 14000000

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Placement in detention facilities

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Criminal prosecution

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties