Case: Cacho v. Gusman

2:11-cv-00225 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Feb. 2, 2011

Closed Date: Sept. 29, 2014

Clearinghouse coding complete

Case Summary

On February 2, 2011, two immigrant workers , represented by represented by public interest law firms and private counsel, filed a lawsuit in the U.S. District Court for the Eastern District of Louisiana against the sheriff of Orleans Parish. The plaintiffs were held in the Orleans Parish Prison for more than 160 and 90 days, respectively, because of U.S. Immigration and Customs Enforcement (ICE) hold requests, which were supposed to be limited to 48 hours according the federal agency's rules. O…

On February 2, 2011, two immigrant workers , represented by represented by public interest law firms and private counsel, filed a lawsuit in the U.S. District Court for the Eastern District of Louisiana against the sheriff of Orleans Parish. The plaintiffs were held in the Orleans Parish Prison for more than 160 and 90 days, respectively, because of U.S. Immigration and Customs Enforcement (ICE) hold requests, which were supposed to be limited to 48 hours according the federal agency's rules.

On August 9, 2013, a consent judgment was entered by the District Court (Magistrate Judge Sally Sushan). Under the terms of the settlement, Orleans Parish Prison agreed to decline all ICE hold requests except on specific serious crimes. For individuals with those charges, the sheriff must defer to the recommendation of the criminal court. In addition, the Orleans Parish Sheriff agreed not to investigate an individual's immigration status. Finally, the terms prohibited ICE from conducting investigations into civil violations of immigration law in the jail, and instead required ICE to provide reasonable notice and opportunity for the individual's attorney to be present at any interview.

The sheriff paid the plaintiffs $30,000 as compensation for physical pain and suffering and emotional distress, which made the plaintiffs the prevailing party for purposes of adjudicating attorney fees and costs. The parties began proceedings regarding attorney fees on September 9, 2013.

The Plaintiffs asked for costs and fees for a wide swath of attorneys, but the defendants fought those claims, stating that the fee requests were overbroad, not properly documented, and duplicative. The court filed a judgment on September 29, 2014 ordering the defendants to pay $48,343.50 in fees, and $7,455.86 in costs combined to the four attorneys who did the majority of the actual legal work in the case.  

This case is now closed.

Summary Authors

Jennifer Bronson (10/24/2013)

Nina Charap (5/2/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4269685/parties/cacho-v-gusman/


Judge(s)
Attorney for Plaintiff

Anderson, Melissa J. (Washington)

Charles, Cassandra (Louisiana)

Espiritu, Nicholas David (California)

Attorney for Defendant

Arcuri, Blake J (Louisiana)

Comeaux, Tracey J. (Louisiana)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:11-cv-00225

Docket (PACER)

Sept. 9, 2013

Sept. 9, 2013

Docket
13-2

2:11-cv-00225

2:10-cv-04309

Exhibit: Transcript, Order to Show Cause Hearing in related case, 2:10cv4309

Ocampo v. Gusman

Nov. 15, 2010

Nov. 15, 2010

Transcript
1

2:11-cv-00225

Plaintiffs' Original Complaint (Preliminary Statement)

Feb. 2, 2011

Feb. 2, 2011

Complaint
83

2:11-cv-00225

New Orleans City Council Resolution

No Court

May 16, 2013

May 16, 2013

Statute/Ordinance/Regulation
95-2

2:11-cv-00225

Settlement Agreement

Aug. 7, 2013

Aug. 7, 2013

Settlement Agreement
95-3

2:11-cv-00225

New Policy: Full Text

Aug. 9, 2013

Aug. 9, 2013

Statute/Ordinance/Regulation
108

2:11-cv-00225

Order and Reasons

Sept. 29, 2014

Sept. 29, 2014

Order/Opinion

2014 WL 4854737

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4269685/cacho-v-gusman/

Last updated July 29, 2026, 3:04 a.m.

ECF Number Date Description Link
1 Feb. 2, 2011

COMPLAINT with jury demand against Marlin N Gusman (Filing fee $ 350 receipt number 053L-2797662) filed by Antonio Ocampo, Mario Cacho. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Rosenbaum, Jennifer) (Entered: 02/02/2011)

1 Civil Cover Sheet

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2 Summons

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Clearinghouse
2 Feb. 2, 2011

Notice of Related Case(s) by All Plaintiffs of related case(s) 10-4309. (Rosenbaum, Jennifer) (Entered: 02/02/2011)

RECAP
3 Feb. 2, 2011

EXPARTE/CONSENT MOTION for Linton Joaquin to Appear Pro Hac Vice . (Filing fee $ 100 receipt number 053L-2797816) by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Affidavit, # 2 certificate of good standing, # 3 Proposed Order)(Rosenbaum, Jennifer) Modified on 2/3/2011 to edit text (cab). (Entered: 02/02/2011)

1 Affidavit

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2 certificate of good standing

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3 Proposed Order

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RECAP
4 Feb. 2, 2011

EXPARTE/CONSENT MOTION for Karen Tumlin to Appear Pro Hac Vice. (Filing fee $ 100 receipt number 053L-2797830) by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Affidavit, # 2 Certificate of good standing, # 3 Proposed Order)(Rosenbaum, Jennifer) Modified on 2/3/2011 to edit text (cab). (Entered: 02/02/2011)

1 Affidavit

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2 Certificate of good standing

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3 Proposed Order

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RECAP
5 Feb. 2, 2011

EXPARTE/CONSENT MOTION for Melissa Keaney to Appear Pro Hac Vice. (Filing fee $ 100 receipt number 053L-2797848) by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Affidavit, # 2 Certificate of good standing, # 3 Proposed Order)(Rosenbaum, Jennifer) Modified on 2/3/2011 to edit text (cab). (Entered: 02/02/2011)

1 Affidavit

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2 Certificate of good standing

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3 Proposed Order

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RECAP
6 Feb. 2, 2011

Initial Case Assignment to Judge Kurt D. Engelhardt and Magistrate Judge Sally Shushan. (cl, ) (Entered: 02/02/2011)

RECAP
7 Feb. 3, 2011

Summons Issued as to Marlin N Gusman. (cab) (Entered: 02/03/2011)

RECAP
8 Feb. 3, 2011

Correction of Docket Entry by Clerk re 3 MOTION for Linton Joaquin to Appear Pro Hac Vice, 4 MOTION for Karen Tumlin to Appear Pro Hac Vice and 5 MOTION for Melissa Keaney to Appear Pro Hac Vice ; Document's signature line is blank. All future documents must reflect either an original signature or an electronic signature following the format 's/(attorney name)'. No further action is necessary. (cab) (Entered: 02/03/2011)

RECAP
9 Feb. 10, 2011

ORDER granting 3 Motion to Appear Pro Hac Vice as to Linton Joaquin. Signed by Judge Kurt D. Engelhardt on 2/10/2011. (cab) (Entered: 02/14/2011)

RECAP
10 Feb. 10, 2011

ORDER granting 5 Motion to Appear Pro Hac Vice as to Melissa Keaney. Signed by Judge Kurt D. Engelhardt on 2/10/2011. (cab) (Entered: 02/14/2011)

RECAP
11 Feb. 10, 2011

ORDER granting 4 Motion to Appear Pro Hac Vice as to Karen Tumlin. Signed by Judge Kurt D. Engelhardt on 2/10/2011. (cab) (Entered: 02/14/2011)

RECAP
12 Feb. 15, 2011

***WRONG EVENT*** NOTICE by All Plaintiffs of Service of Summons on Defendant Marlin Gusman, Orleans Parish Sheriff. (Attachments: # 1 Proof of Service, # 2 Certificate of Service)(Rosenbaum, Jennifer) Modified on 2/16/2011 (cab). (Entered: 02/15/2011)

1 Proof of Service

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2 Certificate of Service

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RECAP
13 Feb. 15, 2011

MOTION to Transfer this Action to Hon. Judge Vance Pursuant to Local Rules 3.1 and 3.1.1 by Mario Cacho and Antonio Ocampo. Motion set for 3/9/2011 09:30 AM before Judge Kurt D. Engelhardt. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Transcript, Hearing in related case, 2:10cv4309-R, # 3 Notice of Submission, # 4 Proposed Order, # 5 Certificate of Service)(Rosenbaum, Jennifer) Modified on 2/16/2011 to edit text (cab). (Entered: 02/15/2011)

1 Memorandum in Support

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2 Exhibit Transcript, Hearing in related case, 2:10cv4309-R

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3 Notice of Submission (Civil Only)

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4 Proposed Order

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5 Certificate of Service

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RECAP
14 Feb. 15, 2011

SUMMONS Returned Executed; Marlin N Gusman served on 2/8/2011, answer due 4/11/2011. (Attachments: # 1 Proof of Service, # 2 Certificate of Service)(cab) (Entered: 02/16/2011)

1 Proof of Service

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2 Certificate of Service

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RECAP
15 Feb. 16, 2011

Correction of Docket Entry by Clerk re 12 Notice (Other) ; Filing attorney selected incorrect event. Correct event is "Service of Process - Summons Returned Executed as to USA or Agency of USA." Clerk took corrective action by re-docketing the event. (cab) (Entered: 02/16/2011)

RECAP
16 Feb. 16, 2011

ANSWER to 1 Complaint by Marlin N Gusman.(Matthews, Freeman) (Entered: 02/16/2011)

RECAP
17 Feb. 17, 2011

ORDER and REASONS denying 13 Motion to Transfer This Action to Hon. Judge Vance Pursuant to Local Rules 3.1 and 3.1.1 as stated within document. Signed by Judge Kurt D. Engelhardt on 2/16/2011. (cab) Modified on 2/17/2011 to edit document type (cab). (Entered: 02/17/2011)

RECAP
18 Feb. 23, 2011

NOTICE - Scheduling Conference set for 3/22/2011 11:15 AM before courtroom deputy by telephone, by Clerk.(cab) (Entered: 02/23/2011)

RECAP
19 March 23, 2011

SCHEDULING ORDER: Final Pretrial Conference set for 1/12/2012 10:30 AM before Judge Kurt D. Engelhardt. Jury Trial set for 1/23/2012 08:30 AM before Judge Kurt D. Engelhardt. Signed by Judge Kurt D. Engelhardt on 3/22/2011. (Attachments: # 1 Pretrial Notice Form) (cc: Magistrate Judge Shushan)(cab) (Entered: 03/23/2011)

1 Pretrial Notice Form

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RECAP
20 Aug. 26, 2011

EXPARTE/CONSENT MOTION for Extension of Time to Complete Discovery Responses by Marlin N Gusman. Motion(s) referred to Sally Shushan. (Attachments: # 1 Proposed Order)(Arcuri, Blake) Modified on 8/29/2011 to edit text (cab). (Entered: 08/26/2011)

1 Proposed Order

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RECAP
21 Sept. 12, 2011

EXPARTE/CONSENT MOTION for Extension of Discovery Deadlines and Trial Date by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Proposed Order)(Rosenbaum, Jennifer) Modified on 9/13/2011 to edit text (cab). (Entered: 09/12/2011)

1 Proposed Order

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RECAP
22 Sept. 13, 2011

ORDER denying 21 Motion for Extension of Discovery Deadlines and Trial Date. Signed by Judge Kurt D. Engelhardt on 9/13/2011. (cab) (Entered: 09/13/2011)

RECAP
23 Oct. 11, 2011

EXPARTE/CONSENT MOTION for Entry of Order of Reference to Magistrate Judge by Mario Cacho and Antonio Ocampo. (Attachments: # 1 Proposed Order, # 2 Consent to Proceed Before Magistrate)(Rosenbaum, Jennifer) Modified on 10/12/2011 to edit text (cab). (Entered: 10/11/2011)

1 Proposed Order

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2 Consent to Proceed Before Magistrate

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RECAP
24 Oct. 13, 2011

ORDER granting 23 Motion for Entry of Order of Reference to Magistrate Judge. Signed by Judge Kurt D. Engelhardt on 10/12/2011. (cab) (Entered: 10/14/2011)

RECAP
25 Oct. 13, 2011

CONSENT to Jurisdiction and Order referring case to US Magistrate Judge. Judge Kurt D. Engelhardt terminated. Case assigned to Magistrate Judge Sally Shushan for all further proceedings. Signed by Judge Kurt D. Engelhardt on 10/13/2011. (NEF: Magistrate Judge Shushan)(cab) (Entered: 10/14/2011)

RECAP
26 Oct. 17, 2011

ORDERED that a Telephone Scheduling Conference is set for 10/31/2011 09:00 AM before Magistrate Judge Sally Shushan. The Court will initiate the conference call. Signed by Magistrate Judge Sally Shushan on 10/17/2011.(gbw, ) (Entered: 10/17/2011)

RECAP
27 Oct. 31, 2011

ORDER Scheduling Settlement Conference for 9/10/2012 01:30 PM. Signed by Magistrate Judge Sally Shushan on 10/31/2011.(tsf, ) (Entered: 10/31/2011)

RECAP
28 Oct. 31, 2011

Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Scheduling Conference held on 10/31/2011. Final Pretrial Conference set for 9/26/2012 09:30 AM and Jury Trial set for 10/22/2012 08:30 AM before Magistrate Judge Sally Shushan. (Attachments: # 1 Pretrial Notice Form) (tsf, ) (Entered: 10/31/2011)

1 Pretrial Notice Form

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RECAP
29 March 12, 2012

ORDER Settlement Conference set for 4/12/2012 09:30 AM. Signed by Magistrate Judge Sally Shushan on 3/12/2012. (tsf, ) (Entered: 03/12/2012)

RECAP
30 March 28, 2012

ORDER Rescheduling Settlement Conference for 5/14/2012 09:30 AM before Magistrate Judge Sally Shushan. Signed by Magistrate Judge Sally Shushan on 3/28/2012.(caa, ) (Entered: 03/28/2012)

RECAP
31 May 3, 2012

MOTION to Compel Discovery by Mario Cacho, Antonio Ocampo. Motion set for 5/23/2012 09:00 AM before Magistrate Judge Sally Shushan. (Rosenbaum, Jennifer) (Additional attachment(s) added on 5/4/2012: # 1 Memorandum in Support, # 2 Exhibit, # 3 Notice of Submission (Civil Only)) (caa, ). (Additional attachment(s) added on 5/4/2012: # 4 Proposed Order) (caa, ). (Entered: 05/03/2012)

1 Memorandum in Support

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2 Exhibit

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3 Notice of Submission (Civil Only)

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4 Proposed Order

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RECAP
32 May 3, 2012

**ERROR: DOCKETED AS SEPARATE DOCUMENT** Memorandum by All Plaintiffs re 31 MOTION to Compel Discovery (Attachments: # 1 Exhibit A (Part 1), # 2 Exhibit A (Part 2))(Rosenbaum, Jennifer) Modified on 5/4/2012 (caa, ). (Entered: 05/03/2012)

1 Exhibit A (Part 1)

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2 Exhibit A (Part 2)

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RECAP
33 May 3, 2012

**ERROR: DOCKETED AS SEPARATE DOCUMENT** NOTICE by All Plaintiffs re 32 Memorandum, 31 MOTION to Compel Discovery re Notice of Hearing. (Rosenbaum, Jennifer) Modified on 5/4/2012 (caa, ). (Entered: 05/03/2012)

RECAP
34 May 4, 2012

Correction of Docket Entry by Clerk re 32 Memorandum. Document was incorrectly filed as a separate document instead of an attachment to document 31 AND Image was erroneously attached in improper size. Filing attorney is reminded of Local Rule 10.1. Clerk took corrective action by resizing the PDF and attaching to proper document. No further action is necessary at this time.(caa, ) (Entered: 05/04/2012)

RECAP
35 May 4, 2012

Correction of Docket Entry by Clerk re 33 Notice (Other). Document was incorrectly filed as a separate document instead of an attachment to document 31 AND The title of the attached Notice should reflect Notice of Submission instead of Notice of Hearing on the actual document, pursuant to the Local Rules. Clerk took corrective action by attaching to proper document. No further action is necessary at this time.(caa, ) (Entered: 05/04/2012)

RECAP
36 May 10, 2012

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Elizabeth Stevens (Filing fee $ 100 receipt number 053L-3509114) by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order)(Rosenbaum, Jennifer) (Entered: 05/10/2012)

1 Affidavit

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2 Certificate of Good Standing

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3 Proposed Order

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RECAP
37 May 14, 2012

Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Settlement Conference held on 5/14/2012. (car, ) (Entered: 05/14/2012)

RECAP
38 May 14, 2012

ORDER granting 36 Motion to Appear Pro Hac Vice as to Elizabeth A. Stevens. Signed by Magistrate Judge Sally Shushan on 5/11/12. (ala, ) (Entered: 05/14/2012)

RECAP
39 May 21, 2012

Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Settlement Conference held on 5/21/2012. (caa, ) (Entered: 05/21/2012)

RECAP
40 May 21, 2012

ORDER that 31 Motion to Compel Production is hereby CONTINUED WITHOUT DATE. Signed by Magistrate Judge Sally Shushan on 5/21/2012.(caa, ) (Entered: 05/21/2012)

RECAP
41 Sept. 26, 2012

Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Telephone Conference held on 9/26/2012. Final Pretrial Conference set for 5/1/2013 09:30 AM before Magistrate Judge Sally Shushan. Jury Trial set for 5/20/2013 08:30 AM before Magistrate Judge Sally Shushan. (Attachments: # 1 Pretrial Notice Form) (gec, ) (Entered: 10/03/2012)

1 Pretrial Notice Form

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RECAP
42 Oct. 4, 2012

STIPULATION by All Plaintiffs Joint Stipulated Protective Order (Tumlin, Karen) (Entered: 10/04/2012)

RECAP
43 Oct. 9, 2012

JOINT STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Sally Shushan on 10/9/2012.(caa, ) (Entered: 10/09/2012)

RECAP
44 Dec. 21, 2012

**DEFICIENT** Second MOTION to Compel Discovery by Mario Cacho, Antonio Ocampo. Motion set for 1/9/2013 09:00 AM before Magistrate Judge Sally Shushan. (Attachments: # 1 Exhibit Exhibits A through F, # 2 Notice of Submission, # 3 Proposed Order)(Rosenbaum, Jennifer) Modified on 12/26/2012 (gec, ). (Entered: 12/21/2012)

1 Exhibit Exhibits A through F

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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RECAP
45 Jan. 2, 2013

MOTION to Compel Discovery Requests by Mario Cacho, Antonio Ocampo. Motion set for 1/9/2013 09:00 AM before Magistrate Judge Sally Shushan. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Exhibits A through F, # 4 Proposed Order)(Rosenbaum, Jennifer) Modified on 1/3/2013 (gec, ). (Entered: 01/02/2013)

1 Notice of Submission (Civil Only)

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2 Memorandum in Support

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3 Exhibits A through F

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4 Proposed Order

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RECAP
46 Jan. 3, 2013

Correction of Docket Entry by Clerk re 45 MOTION to Compel Discovery Requests. Attachments have duplicate descriptions. For attachments, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. (gec, ) (Entered: 01/03/2013)

RECAP
47 Jan. 3, 2013

ORDER re 45 MOTION to Compel, that defendant's response shall be filed by the close of business on 1/8/2013, and plaintiffs' reply shall be filed by the close of business on 1/10/2013. The motion will then be taken under submission on the briefs without oral argument. Signed by Magistrate Judge Sally Shushan.(gec, ) (Entered: 01/03/2013)

RECAP
48 Jan. 8, 2013

RESPONSE/MEMORANDUM in Opposition filed by Marlin N Gusman re 45 MOTION to Compel Discovery Requests. (Attachments: # 1 Exhibit A, # 2 Supplement to Exhibit A)(Arcuri, Blake) Modified on 1/11/2013 (gec, ). (Entered: 01/08/2013)

1 Exhibit A

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2 Supplement to Exhibit A

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RECAP
49 Jan. 10, 2013

REPLY to Response to Motion filed by All Plaintiffs re 45 MOTION to Compel Discovery Requests . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Rosenbaum, Jennifer) (Entered: 01/10/2013)

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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RECAP
50 Jan. 11, 2013

Correction of Docket Entry by Clerk re 49 Reply to Response to Motion. Document's signature line is blank. All future documents must reflect either an original signature or an electronic signature of the filing attorney following the format 's/ (attorney name)'. No further action is necessary. (gec, ) (Entered: 01/11/2013)

RECAP
51 Jan. 25, 2013

ORDER granting in part and denying in part 45 Motion to Compel as stated within document. Signed by Magistrate Judge Sally Shushan. (gec, ) (Entered: 01/25/2013)

RECAP
52 Jan. 30, 2013

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record for Yihong "Julie" Mao by Mario Cacho. (Attachments: # 1 Proposed Order)(Rosenbaum, Jennifer) (Entered: 01/30/2013)

1 Proposed Order

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RECAP
53 Feb. 1, 2013

ORDER granting 52 Motion to Enroll as Counsel of Record for Attorney Yihong Julie Mao for Mario Cacho and Antonio Ocampo. Signed by Magistrate Judge Sally Shushan. (gec, ) (Entered: 02/04/2013)

RECAP
54 Feb. 8, 2013

**DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Melissa Anderson (Filing fee $ 100 receipt number 053L-3824807) by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Decl. of Ms. Anderson, # 2 Cert. of Good Standing, # 3 Proposed Order)(Mao, Yihong) Modified on 2/15/2013 (gec, ). (Entered: 02/08/2013)

1 Decl. of Ms. Anderson

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2 Cert. of Good Standing

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3 Proposed Order

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RECAP
55 Feb. 8, 2013

**DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Ghazal Tajmiri (Filing fee $ 100 receipt number 053L-3825240) by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Decl. of Ms. Tajmiri, # 2 Cert. of Good Standing, # 3 Proposed Order)(Mao, Yihong) Modified on 2/8/2013 (gec, ). (Entered: 02/08/2013)

1 Decl. of Ms. Tajmiri

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2 Cert. of Good Standing

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3 Proposed Order

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RECAP
56 Feb. 14, 2013

**DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Ghazal Tajmiri (Fee previously paid) by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Cert. of Good Standing, # 2 Decl. of Ms. Tajmiri, # 3 Proposed Order)(Mao, Yihong) Modified on 2/15/2013 (gec, ). (Entered: 02/14/2013)

1 Cert. of Good Standing

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2 Decl. of Ms. Tajmiri

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3 Proposed Order

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RECAP
57 Feb. 20, 2013

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Ghazal Tajmiri (Fee previously paid) by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Cert. of Good Standing, # 2 Decl. of Ms. Tajmiri, # 3 Proposed Order, # 4 E-File Registration Form)(Mao, Yihong) (Entered: 02/20/2013)

1 Cert. of Good Standing

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2 Decl. of Ms. Tajmiri

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3 Proposed Order

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4 E-File Registration Form

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RECAP
58 Feb. 20, 2013

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Melissa Anderson (Fee previously paid) by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Cert. of Good Standing, # 2 Decl. of Ms. Anderson, # 3 Proposed Order, # 4 E-file Registration Form)(Mao, Yihong) (Entered: 02/20/2013)

1 Cert. of Good Standing

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2 Decl. of Ms. Anderson

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3 Proposed Order

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4 E-file Registration Form

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RECAP
59 Feb. 20, 2013

STIPULATION Regarding Discovery by All Parties (Stevens, Elizabeth) Modified on 2/21/2013 (gec, ). (Entered: 02/20/2013)

RECAP
60 Feb. 20, 2013

EXPARTE/CONSENT MOTION to Clarify Record and Permission to Exceed Discovery Deadline by Mario Cacho, Antonio Ocampo, Marlin N Gusman . (Attachments: # 1 Proposed Order)(Stevens, Elizabeth) Modified on 2/21/2013 (gec, ). (Entered: 02/20/2013)

1 Proposed Order

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RECAP
61 Feb. 21, 2013

ORDERED that 31 Motion to Compel Production is DENIED AS MOOT. Signed by Magistrate Judge Sally Shushan. (gec, ) (Entered: 02/21/2013)

RECAP
62 Feb. 21, 2013

ORDER granting 57 Motion to Appear Pro Hac Vice as to Ghazal Tajmiri. Signed by Magistrate Judge Sally Shushan. (gec, ) Modified on 2/21/2013 to link to correct document. (gec, ). (Entered: 02/21/2013)

RECAP
63 Feb. 21, 2013

ORDER granting 58 Motion to Appear Pro Hac Vice as to Melissa J. Anderson. Signed by Magistrate Judge Sally Shushan. (gec, ) (Entered: 02/21/2013)

RECAP
64 Feb. 21, 2013

ORDER granting 60 Motion to Clarify Record and Permission to Exceed Discovery Deadline. All fact discovery shall be completed by 3/29/2013. Defendant's counsel has leave to depose Plaintiff Mario Cacho in person at a later date outside the current discovery date, but before trial. Signed by Magistrate Judge Sally Shushan. (gec, ) (Entered: 02/21/2013)

RECAP
65 Feb. 28, 2013

Witness and Exhibit List by Marlin N Gusman. (Matthews, Freeman) (Entered: 02/28/2013)

RECAP
66 Feb. 28, 2013

Exhibit List by Mario Cacho, Antonio Ocampo. (Stevens, Elizabeth) (Entered: 02/28/2013)

RECAP
67 Feb. 28, 2013

Witness List by Mario Cacho, Antonio Ocampo. (Stevens, Elizabeth) (Entered: 02/28/2013)

RECAP
68 Feb. 28, 2013

Supplemental Witness List by All Plaintiffs. (Attachments: # 1 Exhibit Resume of James Evans Aiken)(Stevens, Elizabeth) (Entered: 02/28/2013)

1 Exhibit Resume of James Evans Aiken

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RECAP
69 Feb. 28, 2013

Amended Exhibit List by All Plaintiffs. (Stevens, Elizabeth) (Entered: 02/28/2013)

RECAP
70 March 26, 2013

**DEFICIENT** MOTION to Enforce This Court's Order and Modify Fact Discovery Deadline by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Elizabeth Stevens, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Proposed Order)(Stevens, Elizabeth) Modified on 3/27/2013 (gec, ). (Entered: 03/26/2013)

1 Memorandum in Support Memorandum of Law in Support of Plaintiffs' Motion to

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2 Affidavit Declaration of Elizabeth Stevens in Support of Plaintiffs' Motion

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3 Exhibit Exhibit A to Declaration of Elizabeth Stevens

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4 Exhibit Exhibit B to Declaration of Elizabeth Stevens

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5 Exhibit Exhibit C to Declaration of Elizabeth Stevens

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6 Errata Exhibit D to Declaration of Elizabeth Stevens

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7 Proposed Order Text of Proposed Order

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RECAP
71 March 28, 2013

ERROR: DOCKETED AS SEPARATE DOCUMENT NOTICE by Mario Cacho, Antonio Ocampo OF SUBMISSION OF EVIDENCE RECORDS IN SUPPORT OF MOTION TO ENFORCE THIS COURTS ORDER AND MODIFY FACT DISCOVERY DEADLINE. (Stevens, Elizabeth) Modified on 3/29/2013 (bbc, ). (Entered: 03/28/2013)

RECAP
72 March 28, 2013

MOTION to enforce this court's order & modify fact discovery deadline by Mario Cacho, Antonio Ocampo. Motion set for 4/17/2013 09:00 AM before Magistrate Judge Sally Shushan. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Of Elizabeth Stevens, # 3 Exhibit A to Declaration of Elizabeth Stevens, # 4 Exhibit B to Declaration of Elizabeth Stevens, # 5 Exhibit C to Declaration of Elizabeth Stevens, # 6 Exhibit D to Declaration of Elizabeth Stevens, # 7 Proposed Order)(Stevens, Elizabeth) Modified on 3/29/2013 to edit text & add submission date (bbc, ). (Additional attachment(s) added on 3/29/2013: # 8 Notice of Submission (Civil Only)) (bbc, ). (Entered: 03/28/2013)

1 Memorandum in Support Of Plaintiffs Motion To Enforce This Courts Order And Modi

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2 Affidavit Of Elizabeth Stevens In Support Of Plaintiffs Motion To Enforce This C

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3 Exhibit A to Declaration of Elizabeth Stevens

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4 Exhibit B to Declaration of Elizabeth Stevens

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5 Exhibit C to Declaration of Elizabeth Stevens

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6 Exhibit D to Declaration of Elizabeth Stevens

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7 Proposed Order

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8 Notice of Submission (Civil Only)

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RECAP
73 March 29, 2013

Correction of Docket Entry by Clerk re 71 Notice & 72 MOTION to enforce this court's order & modify fact discovery deadline. Document #71 was incorrectly filed as a separate document instead of as an attachment to document #72. Filing attorney should take note of Local Rule 7.2 re Noticing Motions for Submission. A list of available submission dates and times for all judicial officers are available at the court's website (http://www.laed.uscourts.gov/CASES/motions/MoHear.htm). Clerk took corrective action by setting the submission date for 4/17/2013. No further action is necessary. (bbc, ) (Entered: 03/29/2013)

RECAP
74 April 15, 2013

ORDER granting 72 Motion to Enforce This Court's Order and Modify Fact Discovery Deadline as stated within document. Signed by Magistrate Judge Sally Shushan. (gec, ) (Entered: 04/15/2013)

RECAP
75 April 15, 2013

EXPARTE/CONSENT MOTION to Continue Trial by Marlin N Gusman. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Matthews, Freeman) (Entered: 04/15/2013)

1 Memorandum in Support

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2 Proposed Order

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RECAP
76 April 16, 2013

RESPONSE to Motion filed by All Plaintiffs re 75 MOTION to Continue Trial. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order Exhibit D)(Mao, Yihong) Modified on 4/17/2013 (gec, ). (Entered: 04/16/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Proposed Order Exhibit D

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RECAP
77 April 17, 2013

EXPARTE/CONSENT MOTION Withdraw Jury Demand by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Proposed Order)(Tumlin, Karen) (Entered: 04/17/2013)

1 Proposed Order

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RECAP
78 April 18, 2013

ORDER: Status Conference set for 4/25/2013 01:30 PM before Magistrate Judge Sally Shushan. Signed by Magistrate Judge Sally Shushan on 4/18/2013.(caa, ) (Entered: 04/18/2013)

RECAP
79 April 25, 2013

ORDER granting 77 Motion Withdraw Jury Demand. Signed by Magistrate Judge Sally Shushan on 4/25/2013. (caa, ) (Entered: 04/25/2013)

RECAP
80 April 25, 2013

ORDER granting 75 MOTION to Continue Trial filed by Marlin N Gusman. Signed by Magistrate Judge Sally Shushan on 4/25/2013.(caa, ) (Entered: 04/25/2013)

RECAP
81 April 25, 2013

SCHEDULING ORDER: Final Pretrial Conference set for 8/27/2013 02:00 PM & Bench Trial set for 9/18/2013 08:30 AM before Magistrate Judge Sally Shushan. Signed by Magistrate Judge Sally Shushan on 4/25/2013. (Attachments: # 1 Pretrial Notice Form)(caa, ) (Entered: 04/25/2013)

1 Pretrial Notice Form

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RECAP
82 May 7, 2013

EXPARTE/CONSENT MOTION to Withdraw Elizabeth A. Stevens as Attorney by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Proposed Order)(Mao, Yihong) Modified on 5/8/2013 (gec, ). (Entered: 05/07/2013)

1 Proposed Order

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RECAP
83 May 13, 2013

ORDER granting 82 Motion to Withdraw as Attorney. Attorney Elizabeth A. Stevens terminated. Signed by Magistrate Judge Sally Shushan. (gec, ) (Entered: 05/13/2013)

Clearinghouse
84 May 30, 2013

MOTION to Compel Compliance and/or for Contempt by Mario Cacho, Antonio Ocampo. Motion set for 6/19/2013 09:00 AM before Magistrate Judge Sally Shushan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission, # 4 Decl. of Yihong "Julie" Mao, # 5 Ex A to Mao Decl., # 6 Ex B to Mao Decl., # 7 Ex C to Mao Decl., # 8 Ex D to Mao Decl., # 9 Ex E to Mao Decl, # 10 Ex F to Mao Decl, # 11 Ex G to Mao Decl, # 12 Ex H to Mao Decl)(Mao, Yihong) (Entered: 05/30/2013)

1 Memorandum in Support

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2 Proposed Order

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3 Notice of Submission (Civil Only)

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4 Decl. of Yihong "Julie" Mao

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5 Ex A to Mao Decl.

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6 Ex B to Mao Decl.

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7 Ex C to Mao Decl.

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8 Ex D to Mao Decl.

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9 Ex E to Mao Decl

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10 Ex F to Mao Decl

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11 Ex G to Mao Decl

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12 Ex H to Mao Decl

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RECAP
85 May 30, 2013

EXPARTE/CONSENT MOTION to Expedite Plaintiff's Motion to Compel Compliance and/or for Contempt by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support)(Mao, Yihong) (Entered: 05/30/2013)

1 Proposed Order

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2 Memorandum in Support

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RECAP
86 May 31, 2013

ORDERED that Plaintiffs' 85 MOTION to Expedite is GRANTED. Defendant's response to 84 MOTION to Compel shall be filed by the close of business on 6/5/2013, and plaintiffs' reply shall be filed by the close of business on 6/7/2013, at which time the Motion to Compel will taken under submission on the briefs without oral argument. Signed by Magistrate Judge Sally Shushan.(gec, ) (Entered: 05/31/2013)

RECAP
87 May 31, 2013

**DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Nicholas D. Espiritu (Filing fee $ 100 receipt number 053L-3998469) by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Decl. of Nicholas Espiritu, # 2 Cert. of Good Standing, # 3 Proposed Order, # 4 Registration Form)(Mao, Yihong) Modified on 6/3/2013 (gec, ). (Entered: 05/31/2013)

1 Decl. of Nicholas Espiritu

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2 Cert. of Good Standing

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3 Proposed Order

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4 Registration Form

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RECAP
88 June 5, 2013

RESPONSE/MEMORANDUM in Opposition filed by Marlin N. Gusman re 84 MOTION to Compel . (Matthews, Freeman) Modified on 6/6/2013 to add linkage, edit event (bbc, ). (Entered: 06/05/2013)

RECAP
89 June 6, 2013

Correction of Docket Entry by Clerk re 88 MOTION to Compel . Filing attorney selected incorrect event. Clerk has modified to RESPONSE/MEMORANDUM in Opposition filed by Marlin N. Gusman re 84 MOTION to Compel. No further action necessary. (bbc, ) (Entered: 06/06/2013)

RECAP
90 June 7, 2013

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Nicholas D. Espiritu (Fee previously paid) by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Proposed Order, # 2 Cert. of Good Standing, # 3 Decl. of Nicholas Espiritu, # 4 Registration Form)(Mao, Yihong) (Entered: 06/07/2013)

1 Proposed Order

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2 Cert. of Good Standing

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3 Decl. of Nicholas Espiritu

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4 Registration Form

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RECAP
91 June 7, 2013

REPLY to Response to Motion filed by Mario Cacho, Antonio Ocampo re 84 MOTION to Compel Compliance and/or for Contempt, 88 MOTION to Compel . (Attachments: # 1 Exhibit Declaration of Nicholas Espiritu, # 2 Exhibit A to Declaration- Discovery AS400 Deficiencies Chart, # 3 Exhibit B to Declaration- Mario Cacho Grievances, # 4 Exhibit C to Declaration- Antonio Ocampo Grievances)(Keaney, Melissa) Modified on 6/10/2013 (gec, ). (Entered: 06/07/2013)

1 Exhibit Declaration of Nicholas Espiritu

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2 Exhibit A to Declaration- Discovery AS400 Deficiencies Chart

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3 Exhibit B to Declaration- Mario Cacho Grievances

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4 Exhibit C to Declaration- Antonio Ocampo Grievances

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RECAP
92 June 10, 2013

ORDERED that 84 Motion to Compel is GRANTED IN PART AND DENIED IN PART as stated within document. Signed by Magistrate Judge Sally Shushan. (gec, ) (Entered: 06/10/2013)

RECAP
93 June 10, 2013

ORDER granting 90 Motion to Appear Pro Hac Vice as to Nicholas D. Espiritu. Signed by Magistrate Judge Sally Shushan. (gec, ) (Entered: 06/13/2013)

RECAP
94 July 1, 2013

EXPARTE/CONSENT MOTION for Entry of Consent Judgment for Injunctive Relief and Damages by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Proposed Order, # 2 Ex. A to draft order of consent judgment, settlement agreement, # 3 Exhibit B to draft order of consent judgment, OPSO policy)(Rosenbaum, Jennifer) Modified on 7/2/2013 (gec, ). (Entered: 07/01/2013)

1 Proposed Order

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2 Ex. A to draft order of consent judgment, settlement agreement

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3 Exhibit B to draft order of consent judgment, OPSO policy

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RECAP
95 Aug. 9, 2013

EXPARTE/CONSENT Second MOTION to Approve Consent Judgment by Mario Cacho, Antonio Ocampo. (Attachments: # 1 Proposed Order, # 2 Ex. A Settlement Agreement, # 3 Ex. B, OPSO Policy)(Rosenbaum, Jennifer) (Entered: 08/09/2013)

1 Proposed Order

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2 Ex. A Settlement Agreement

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3 Ex. B, OPSO Policy

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RECAP
96 Aug. 9, 2013

CONSENT JUDGMENT entered in favor of Antonio Ocampo and Mario Cacho against Marlin N. Gusman. Signed by Magistrate Judge Sally Shushan on 8/9/2013.(caa, ) (Additional attachment(s) added on 9/13/2013: # 1 Exhibit A, # 2 Exhibit B) (gec, ). (Entered: 08/09/2013)

1 Exhibit A

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2 Exhibit B

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RECAP
97 Aug. 9, 2013

ORDER that the previously scheduled final pretrial conference and non-jury trial are hereby CANCELED. Signed by Magistrate Judge Sally Shushan on 8/9/2013.(caa, ) (Entered: 08/09/2013)

RECAP
98 Sept. 9, 2013

MOTION for Attorney Fees and Costs by Mario Cacho, Antonio Ocampo. Motion set for 9/25/2013 09:00 AM before Magistrate Judge Sally Shushan. (Attachments: # 1 Notice of Submission, # 2 Proposed Order, # 3 Memorandum in Support, # 4 Exhibit A - Summary of Hours, # 5 Exhibit B - Decl Linton Joaquin, # 6 Exhibit C - Decl Jennifer Rosenbaum, # 7 Exhibit D - Decl William Molinski, # 8 Exhibit E - Summary of Expenses, # 9 Exhibit F - Decl Javier Maldonaldo)(Tumlin, Karen) (Entered: 09/09/2013)

RECAP
99 Sept. 23, 2013

EXPARTE/CONSENT MOTION to Continue Hearing by Marlin N. Gusman. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Matthews, Freeman) (Entered: 09/23/2013)

RECAP
100 Sept. 23, 2013

ORDER granting 99 MOTION to Continue Hearing filed by Marlin N. Gusman, Resetting Hearing on 98 MOTION for Attorney Fees and Costs for 10/30/2013 09:00 AM. Signed by Magistrate Judge Sally Shushan on 9/23/2013.(caa, ) (Entered: 09/24/2013)

RECAP

Case Details

State / Territory:

Louisiana

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 2, 2011

Closing Date: Sept. 29, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Louisiana residents who were detained for indefinite periods

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Orleans Parish

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Other Dockets:

Eastern District of Louisiana 2:11-cv-00225

Eastern District of Louisiana 2:10-cv-04309

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 85,799.36

Issues

General/Misc.:

Pattern or Practice

Discrimination Basis:

Immigration status

Immigration/Border:

Detention - procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Recommended Citation