Case: Moreno v. Napolitano

1:11-cv-05452 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 11, 2011

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On Aug. 11, 2011, one U.S. citizen and one lawful permanent resident, held by law enforcement agencies (LEAs), filed this lawsuit in the U.S. District Court for the Northern District of Illinois. Represented by private counsel and the National Immigrant Justice Center, plaintiffs sued the Department of Homeland Security, including its component, U.S. Immigration and Custom Enforcement (ICE). Both plaintiffs were detained by LEAs on criminal charges and held based on ICE detainers. Plaintiffs al…

On Aug. 11, 2011, one U.S. citizen and one lawful permanent resident, held by law enforcement agencies (LEAs), filed this lawsuit in the U.S. District Court for the Northern District of Illinois. Represented by private counsel and the National Immigrant Justice Center, plaintiffs sued the Department of Homeland Security, including its component, U.S. Immigration and Custom Enforcement (ICE). Both plaintiffs were detained by LEAs on criminal charges and held based on ICE detainers. Plaintiffs alleged that ICE did not have legal authority to issue immigration detainers in such circumstances.

Plaintiffs argued that ICE’s assertion of authority to instruct federal, state, and local LEAs to continue the detention of individuals was a violation of ICE’s statutory authority under the Administrative Procedure Act (APA), 5 U.S.C. §§ 706(2)(A), the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq., and the Fourth, Fifth, and Tenth Amendments. Plaintiffs sought injunctive and declaratory relief.

The case was assigned to Judge John Z. Lee. During the course of litigation, ICE had rescinded plaintiffs’ detainers. On Nov. 30, 2012, Judge Lee issued an order denying defendants’ motion to dismiss. Judge Lee found that plaintiffs had standing because detainers had been issued on them at the time they filed their complaint; and that plaintiffs’ claim was not moot when filed, because they did not know how long the detainers would last, and because plaintiff’s proposed class would likely be subject to the same uncertainty.

Plaintiffs had moved for class certification, but Judge Lee denied the motion without prejudice on Feb. 14, 2013, on the grounds that the motion was premature.

Plaintiffs filed an amended complaint on May 1, 2013. This complaint added a habeas petition. Plaintiffs then re-filed their class certification motion on June 21, 2013, and Judge Lee on Sept. 30, 2014 granted it in part, toward any current or future individual in the Chicago Area of Responsibility whom ICE ordered LEAs to detain in excess of their authority without presenting charging documents.

On Aug. 2, 2013, defendants had filed a motion for partial summary judgment on plaintiffs’ INA and Tenth Amendment claims. On Sept. 29, 2014, Judge Lee granted the motion regarding the Tenth Amendment and denied it toward the INA claims.

Some efforts were made to settle the case, but they didn't pan out. Instead, plaintiffs moved for summary judgment on the INA claims on Dec. 11, 2015, and defendants moved on Dec. 31, 2015 to decertify the plaintiff class.

On Sept. 30, 2016, Judge Lee granted plaintiffs’ motion for summary judgment and denied defendants’ motion to decertify the plaintiff class. Judge Lee agreed with plaintiffs’ statutory claim that, under the INA and APA, ICE exceeded its authority by issuing detainers with no warrant and no determination that subjects were likely to escape before a warrant could be obtained. Judge Lee did not however reach plaintiffs’ constitutional claims. Furthermore, Judge Lee ruled against decertifying the plaintiff class, because ICE continued to issue warrantless detainers on individuals in the class.

Defendants then moved to stay Judge Lee’s Sept. 30, 2016 judgment pending its decision whether or not to appeal. Judge Lee granted this motion on Oct. 7. Apparently the government decided against appeal, however, and on Nov. 28, 2016, Judge Lee issued a judgment. First, Judge Lee declared null and void the detainers already issued on the plaintiffs and the plaintiff class. Next, Judge Lee ordered defendants to promptly provide notice of the judgment to every LEA that might have housed a member of the plaintiff class, and in 30 days to report to the court the status of defendants’ compliance. Finally, Judge Lee permanently enjoined defendants from issuing detainers from their Chicago Field Office (which oversees the area of responsibility consisting of Illinois, Indiana, Wisconsin, Missouri, Kentucky, and Kansas), except where defendants had probable cause that the individual was a removable noncitizen, as well as either had obtained a warrant or had reason to believe that the individual would escape before a warrant could be obtained. The court then terminated the case on Nov. 28, 2016.

However, on Dec. 27, 2016, plaintiffs moved to alter or amend the judgment. Plaintiffs saw the judgment as too narrow to protect plaintiffs or the class from continued and future injury. Plaintiffs asked the court to expand the scope of injunction beyond just the Chicago Field Office, because ICE continued to issue detainers elsewhere. Additionally, plaintiffs asked the court to narrow the permitted exception to the injunction, requiring that defendants both obtain and serve (not simply obtain) a warrant in order to issue a detainer.

Judge Lee held a Jan. 11, 2017 hearing on plaintiffs’ Dec. 27, 2016 motion. At the hearing, he denied plaintiffs’ request regarding class certification, though he explained his reasoning only in the hearing and not in a written opinion. Judge Lee then ordered defendants to respond to the other part of plaintiffs’ motion, which they did on Jan. 25, 2017. Finally, on Feb. 14, 2017, Judge Lee denied plaintiffs’ motion entirely. Addressing the second part of the motion, he rejected plaintiffs’ request to require ICE to serve warrants before issuing detainers, finding that no authority supported this service requirement.

This case is now closed.

Summary Authors

Jennifer Bronson (11/3/2013)

Allison Hight (1/8/2016)

Ava Morgenstern (3/9/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4507091/parties/jimenez-moreno-v-napolitano/


Judge(s)

Cole, Jeffrey N. (Illinois)

Lee, John Zihun (Illinois)

Attorneys(s) for Plaintiff

Angles, Giovanni (Illinois)

Carr, Benjamin Paul (Illinois)

Coberly, Linda T (Illinois)

Fleming, Mark (Illinois)

Kozdron, Nicole A. (Illinois)

McCarthy, Mary Meg (Illinois)

Muench, Lee Benjamin (Illinois)

Perkins, Raymond C. (Illinois)

Judge(s)

Cole, Jeffrey N. (Illinois)

Lee, John Zihun (Illinois)

Attorneys(s) for Plaintiff

Angles, Giovanni (Illinois)

Carr, Benjamin Paul (Illinois)

Coberly, Linda T (Illinois)

Fleming, Mark (Illinois)

Kozdron, Nicole A. (Illinois)

McCarthy, Mary Meg (Illinois)

Muench, Lee Benjamin (Illinois)

Perkins, Raymond C. (Illinois)

Pozulp, Keith R.C. (Illinois)

Rivas, Claudia Beatrice Valenzuela (Illinois)

Roth, Charles G. (Illinois)

Suber, Sean H. (Illinois)

Travalini, Joanna Rubin (Illinois)

Valenzuela, Claudia (Illinois)

Wallace, Joel M (Illinois)

Attorneys(s) for Defendant

Bashyrov, Jacob A (District of Columbia)

Connolly, Kathleen Ann (District of Columbia)

Kisor, Colin A. (District of Columbia)

Melloy Goettel, Katherine E. (District of Columbia)

Oswald, Craig A (Illinois)

Silvis, William C. (District of Columbia)

Vahab, Lana (District of Columbia)

Other Attorney(s)

Lasch, Christopher Nelson (Connecticut)

Documents in the Clearinghouse

Document

1:11-cv-05452

Docket [PACER]

Jimenez Moreno v. Napolitano

Feb. 27, 2017

Feb. 27, 2017

Docket
4

1:11-cv-05452

Complaint for Injunctive and Declaratory Relief and Petition for Writ of Habeas Corpus

2011 WL 3740528

Aug. 11, 2011

Aug. 11, 2011

Complaint
56

1:11-cv-05452

Memorandum Opinion and Order

2012 WL 5995820, 2012 U.S.Dist.LEXIS 170751

Nov. 30, 2012

Nov. 30, 2012

Order/Opinion
68

1:11-cv-05452

Minute Entry [Striking Motion to Certify Without Prejudice]

Feb. 14, 2013

Feb. 14, 2013

Order/Opinion
78

1:11-cv-05452

Amended Complaint for Injunctive and Declaratory Relief and Petition for Writ of Habeas Corpus

2013 WL 1842593

May 1, 2013

May 1, 2013

Complaint
144

1:11-cv-05452

Memorandum Opinion and Order

2014 WL 4814776, 2014 U.S.Dist.LEXIS 136965

Sept. 29, 2014

Sept. 29, 2014

Order/Opinion
146

1:11-cv-05452

Memorandum Opinion and Order

2014 WL 4911938, 2014 U.S.Dist.LEXIS 138576

Sept. 30, 2014

Sept. 30, 2014

Order/Opinion
230

1:11-cv-05452

Memorandum Opinion and Order

213 F.Supp.3d 999, 2016 WL 5720465

Sept. 30, 2016

Sept. 30, 2016

Order/Opinion
239

1:11-cv-05452

Judgment

Nov. 28, 2016

Nov. 28, 2016

Order/Opinion
241

1:11-cv-05452

Plaintiffs' Motion to Alter or Amend Judgment

Dec. 27, 2016

Dec. 27, 2016

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4507091/jimenez-moreno-v-napolitano/

Last updated Aug. 4, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Jose Jimenez Moreno, Maria Jose Lopez; Filing fee $ 350, receipt number 0752-6274187. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Valenzuela Rivas, Claudia) (Entered: 08/11/2011)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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Aug. 11, 2011

Aug. 11, 2011

PACER
2

CIVIL Cover Sheet (Valenzuela Rivas, Claudia) (Entered: 08/11/2011)

Aug. 11, 2011

Aug. 11, 2011

PACER
3

ATTORNEY Appearance for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez by Claudia Beatrice Valenzuela Rivas (Valenzuela Rivas, Claudia) (Entered: 08/11/2011)

Aug. 11, 2011

Aug. 11, 2011

PACER
4

Corrected complaint by Jose Jimenez Moreno, Maria Jose Lopez (Valenzuela Rivas, Claudia) (Entered: 08/11/2011)

Aug. 11, 2011

Aug. 11, 2011

PACER
5

MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez to certify class (Valenzuela Rivas, Claudia) (Entered: 08/11/2011)

Aug. 11, 2011

Aug. 11, 2011

PACER
6

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong (Oswald, Craig) (Entered: 08/19/2011)

Aug. 19, 2011

Aug. 19, 2011

PACER
7

ATTORNEY Appearance for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez by Mark M. Fleming (Fleming, Mark) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
8

ATTORNEY Appearance for Defendants John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong by Colin Abbott Kisor (Kisor, Colin) (Entered: 09/27/2011)

Sept. 27, 2011

Sept. 27, 2011

PACER
9

SUMMONS Returned Executed by Jose Jimenez Moreno, Maria Jose Lopez as to All Defendants (Fleming, Mark) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
10

MOTION by Defendants Ricardo Wong, John Morton, Janet Napolitano, David C. Palmatier to dismiss for lack of jurisdiction (Attachments: # 1 Appendix Cancelled detainer, # 2 Appendix cancelled detainer, # 3 Appendix criminal conviction)(Kisor, Colin) (Entered: 10/14/2011)

1 Appendix Cancelled detainer

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2 Appendix cancelled detainer

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3 Appendix criminal conviction

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Oct. 14, 2011

Oct. 14, 2011

PACER
11

NOTICE of Motion by Colin Abbott Kisor for presentment of motion to dismiss, 10 before Honorable Robert M. Dow Jr. on 10/27/2011 at 09:15 AM. (Kisor, Colin) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
12

MOTION by Defendants Ricardo Wong, John Morton, Janet Napolitano, David C. Palmatier to dismiss for lack of jurisdiction (Kisor, Colin) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
13

NOTICE of Motion by Mark M. Fleming for presentment of motion to certify class 5 before Honorable Robert M. Dow Jr. on 10/27/2011 at 09:15 AM. (Fleming, Mark) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
14

MINUTE entry before Honorable Robert M. Dow, Jr: Motion to certify class 5 is is held in abeyance. Defendants' Motion to dismiss 10 is taken under advisement; Defendants' Motion to dismiss for lack of jurisdiction 12 is taken under advisement. Plaintiffs are given to and including 12/2/2011 to respond to Motions to Dismiss 10 and 12 ; Defendants are given until 1/9/2012 to reply; ruling on motions to dismiss will be by mail. Mailed notice (tbk, ) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
15

MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez for leave to file additional appearances (Valenzuela Rivas, Claudia) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
16

NOTICE of Motion by Claudia Beatrice Valenzuela Rivas for presentment of motion for leave to file 15 before Honorable Robert M. Dow Jr. on 11/22/2011 at 09:15 AM. (Valenzuela Rivas, Claudia) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
17

MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez for extension of time of the briefing schedule on defendants' motion to dismiss (Valenzuela Rivas, Claudia) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
18

NOTICE of Motion by Claudia Beatrice Valenzuela Rivas for presentment of extension of time 17 before Honorable Robert M. Dow Jr. on 11/22/2011 at 09:15 AM. (Valenzuela Rivas, Claudia) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
19

MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez for extension of time 17 of the briefing schedule on defendants' motion to dismiss granted as follows: Plaintiffs' response due by 12/16/2011 and Defendants' reply due by 1/25/2012. Plaintiffs' Motion for leave to file additional appearances will also be granted in an order to follow. Notice of Motion date of 11/22/2011 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
20

MINUTE entry before Honorable Robert M. Dow, Jr: Plaintiffs' Motion for leave to file 15 additional appearances of counsel from Winston & Strawn LLP is granted. Mailed notices (gcy, ) (Entered: 11/22/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
21

ATTORNEY Appearance for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez by Raymond C. Perkins (Perkins, Raymond) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
22

ATTORNEY Appearance for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez by Linda T. Coberly (Coberly, Linda) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
23

ATTORNEY Appearance for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez by Keith R.C. Pozulp (Pozulp, Keith) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
24

ATTORNEY Appearance for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez by Nicole Angelique Kozdron (Kozdron, Nicole) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
25

MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez to intervene (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit 1- to Exhibit A, # 4 Exhibit 2- to Exhibit A)(Pozulp, Keith) (Entered: 11/23/2011)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit 1- to Exhibit A

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4 Exhibit 2- to Exhibit A

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Nov. 23, 2011

Nov. 23, 2011

PACER
26

MEMORANDUM by Jose Jimenez Moreno, Maria Jose Lopez in support of motion to intervene 25 (Pozulp, Keith) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
27

NOTICE of Motion by Keith R.C. Pozulp for presentment of motion to intervene 25 before Honorable Robert M. Dow Jr. on 11/30/2011 at 09:15 AM. (Pozulp, Keith) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
28

MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez to intervene 25 is taken under advisement; Defendants' response due by 1/17/2012; Plaintiffs' reply due by 1/31/2012; ruling will be by mail. Mailed notice (tbk, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
29

ATTORNEY Appearance for Defendants John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong by Lana Lunskaya Vahab (Vahab, Lana) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
30

RESPONSE by Jose Jimenez Moreno, Maria Jose Lopezin Opposition to MOTION by Defendants Ricardo Wong, John Morton, Janet Napolitano, David C. Palmatier to dismiss for lack of jurisdiction 12 (Attachments: # 1 Exhibit A-F)(Kozdron, Nicole) (Entered: 12/16/2011)

1 Exhibit A-F

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Dec. 16, 2011

Dec. 16, 2011

PACER
31

RESPONSE by John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wongin Opposition to MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez to intervene 25 (Attachments: # 1 Appendix, # 2 Appendix, # 3 Appendix, # 4 Appendix)(Kisor, Colin) (Entered: 01/17/2012)

1 Appendix

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2 Appendix

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3 Appendix

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4 Appendix

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Jan. 17, 2012

Jan. 17, 2012

PACER
32

REPLY by John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong to response in opposition to motion 30, MOTION by Defendants Ricardo Wong, John Morton, Janet Napolitano, David C. Palmatier to dismiss for lack of jurisdiction 12 (Kisor, Colin) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

PACER
33

REPLY by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez to motion to intervene 25 (Attachments: # 1 Exhibit A)(Coberly, Linda) (Entered: 01/31/2012)

1 Exhibit A

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Jan. 31, 2012

Jan. 31, 2012

PACER
34

ATTORNEY Appearance for Intervenor Parties Sergey Mayorov, Nicholas Taylor-Jones by Linda T. Coberly (Coberly, Linda) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
35

ATTORNEY Appearance for Intervenor Parties Sergey Mayorov, Nicholas Taylor-Jones by Nicole A. Kozdron (Kozdron, Nicole) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
36

ATTORNEY Appearance for Intervenor Parties Sergey Mayorov, Nicholas Taylor-Jones by Raymond C. Perkins (Perkins, Raymond) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
37

MOTION by counsel for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez, Intervenor Parties Sergey Mayorov, Nicholas Taylor-Jones to withdraw as attorney Nicole A. Kozdron (Coberly, Linda) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
38

NOTICE of Motion by Linda T. Coberly for presentment of motion to withdraw as attorney 37 before Honorable Robert M. Dow Jr. on 4/24/2012 at 09:15 AM. (Coberly, Linda) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
39

MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by counsel for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez, Intervenor Parties Sergey Mayorov, Nicholas Taylor-Jones to withdraw 37 the appearance of Nicole A. Kozdron is granted. Notice of Motion date of 4/24/2012 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

PACER
40

EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on May 18, 2012, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable John Z. Lee, therefore IT IS HEREBY ORDERED That the attached list of 323 cases be reassigned to the Honorable John Z. Lee IT IS FURTHER ORDERED that this order shall become effective on Tuesday, June 5, 2012. Case reassigned to the Honorable John Z. Lee for all further proceedings. Signed by Executive Committee on 6/1/2012. Mailed Notice (td, ) (Entered: 06/05/2012)

June 1, 2012

June 1, 2012

PACER
41

MINUTE entry before Honorable John Z. Lee: This case having been reassigned to Judge Lee's calendar, the initial reassignment status hearing is set for June 19 at 2:00 p.m. Lead counsel is directed to appear at this status hearing. Parties shall prepare and file an Initial Reassignment Joint Status Report on or before Friday, June 15, 2012, and provide a courtesy copy to the Courtroom Deputy by 4:00 p.m. on that date. The requirements for an Initial Reassignment Joint Status Report can be found at Judge Lee's website. Plaintiff is to advise all other parties of the court's action herein. Mailed notice (ca, ) (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

PACER
42

STATUS Report Initial Reassignment (Joint) by Jose Jimenez Moreno, Maria Jose Lopez, Sergey Mayorov, John Morton, Janet Napolitano, David C. Palmatier, Nicholas Taylor-Jones, Ricardo Wong (Pozulp, Keith) (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER
43

MINUTE entry before Honorable John Z. Lee: The Initial Reassignment Status Hearing scheduled for 6/19/2012 at 2:00 p.m. is stricken. The parties are to appear for a status hearing on 8/21/2012 at 9:15 a.m. Mailed notice (ca, ) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
44

MINUTE entry before Honorable John Z. Lee: The status hearing set for 8/21/12 at 9:15 a.m. is reset to 10/3/12 at 9:15 a.m.Mailed notice (ca, ) (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

PACER
45

MINUTE entry before Honorable John Z. Lee: Status hearing set for 10/3/12 at 9:15 a.m. is reset for 11/1/2012 at 9:00 a.m.Mailed notice (ca, ) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
46

MINUTE entry before Honorable John Z. Lee: Status hearing set for 11/1/12 is reset for 12/5/2012 at 9:00 a.m. Mailed notice (ca, ) (Entered: 10/31/2012)

Oct. 31, 2012

Oct. 31, 2012

PACER
47

ATTORNEY Appearance for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez by Joel M Wallace (Wallace, Joel) (Entered: 10/31/2012)

Oct. 31, 2012

Oct. 31, 2012

PACER
48

ATTORNEY Appearance for Intervenor Parties Sergey Mayorov, Nicholas Taylor-Jones by Joel M Wallace (Wallace, Joel) (Entered: 10/31/2012)

Oct. 31, 2012

Oct. 31, 2012

PACER
49

ATTORNEY Appearance for Defendants John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong by William Charles Silvis (Silvis, William) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
50

ATTORNEY Appearance for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez by Benjamin Paul Carr (Carr, Benjamin) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
51

ATTORNEY Appearance for Intervenor Parties Sergey Mayorov, Nicholas Taylor-Jones by Benjamin Paul Carr (Carr, Benjamin) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
52

MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez, Intervenor Parties Sergey Mayorov, Nicholas Taylor-Jones to Open Discovery for a Limited Purpose (Class Certification) (Carr, Benjamin) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
53

MEMORANDUM by Jose Jimenez Moreno, Maria Jose Lopez, Sergey Mayorov, Nicholas Taylor-Jones in support of motion for miscellaneous relief 52 (Attachments: # 1 Exhibit A)(Carr, Benjamin) (Entered: 11/19/2012)

1 Exhibit A

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Nov. 19, 2012

Nov. 19, 2012

PACER
54

NOTICE of Motion by Benjamin Paul Carr for presentment of motion for miscellaneous relief 52 before Honorable John Z. Lee on 12/5/2012 at 09:00 AM. (Carr, Benjamin) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
55

MINUTE entry before Honorable John Z. Lee: For the reasons provided herein, the Court denies Defendants' motion to dismiss 10 . [For further detail see separate order.] Mailed notice (ca, ) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
56

MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 11/30/2012Mailed notice(ca, ). (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

RECAP
57

MINUTE entry before Honorable John Z. Lee: Initial status hearing set for 1/8/13 at 9:30 a.m. The parties are referred to Judge Lee's web-page regarding procedures for initial status conferences. Because the Court will address discovery at the initial status conference, Plaintiffs' motion to open discovery for a limited purpose 52 is denied as moot. The status hearing set for 12/5/12 at 9:00 a.m. is stricken. Mailed notice (ca, ) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
58

MOTION by Defendants John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong for extension of time (Oswald, Craig) (Entered: 12/15/2012)

Dec. 15, 2012

Dec. 15, 2012

PACER
59

NOTICE of Motion by Craig Arthur Oswald for presentment of extension of time 58 before Honorable John Z. Lee on 12/20/2012 at 09:00 AM. (Oswald, Craig) (Entered: 12/15/2012)

Dec. 15, 2012

Dec. 15, 2012

PACER
60

MINUTE entry before Honorable John Z. Lee: Defendants John Morton, Janet Napolitano, David C. Palmatier, and Ricardo Wong's motion for extension of time 58 is granted. Defendants John Morton, Janet Napolitano, David C. Palmatier, and Ricardo Wong shall answer or otherwise plead by 12/28/12. No appearance necessary on 12/20/12. Mailed notice (ca, ) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

PACER
61

Defendants in theor official capacities ANSWER to Complaint by John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong(Kisor, Colin) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
62

STATUS Report (Joint Initial) by Jose Jimenez Moreno, Maria Jose Lopez, John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong (Carr, Benjamin) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

PACER
63

MINUTE entry before Honorable John Z. Lee: Status hearing held on 1/8/2013. Pursuant to the parties' request, the parties are to exchange Rule 26(a)(1) disclosures by 1/29/13, amend the pleadings and/or add additional parties, if needed, no later than 5/1/13, and serve written discovery requests by 2/15/13. Fact discovery will close on 8/1/13. Plaintiffs' memorandum in support of class certification should be filed by 4/19/13; Defendants brief in opposition to class certification should be filed by 5/20/13. The parties are to meet and confer regarding the production of ESI, if any, by 3/1/13 and to submit a joint ESI plan by 3/8/13 if necessary. Furthermore, Plaintiff filed a motion for class certification contemporaneously with the complaint. Presumably, Plaintiff did so in order to address the concerns raised by the Court of Appeals in Damasco v. Clearwire Corp., 662 F.3d 891, 897 (7th Cir. 2011). At this time, however, the parties have stated that they will needed class discovery and consideration of the class certification motion is premature. Accordingly, the Court requests that the parties consider entering into a stipulation in this case that would obviate the need for the parties to address the premature motion for class certification at this time, while also addressing the concerns raised in Damasco. An example of such a stipulation can be found at Hayden v. Fresh Express, Inc., Case No. 12 C 1583, Dock. No. 18. If the parties enter into the stipulation, Plaintiff will be granted leave to refile the motion on 4/19/13 along with the brief in support. The parties are instructed to report whether they are amenable to agreeing to such a stipulation by filing either the executed stipulation or a joint status report no later than 2/8/13. Status hearing set for 3/14/13 at 9:00 a.m.Mailed notice (ca, ) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

PACER
64

MOTION by counsel for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez, Intervenor Parties Sergey Mayorov, Nicholas Taylor-Jones to withdraw as attorney Keith R. Pozulp (Carr, Benjamin) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
65

NOTICE of Motion by Benjamin Paul Carr for presentment of motion to withdraw as attorney 64 before Honorable John Z. Lee on 1/24/2013 at 09:00 AM. (Carr, Benjamin) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
66

MINUTE entry before Honorable John Z. Lee: The Court grants plaintiffs' motion to withdraw as attorney 64 . No appearance on the motion is necessary. Mailed notice (ca, ) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER
67

STATUS Report Regarding Class Certification Stipulation (Joint) by Jose Jimenez Moreno, Maria Jose Lopez, John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong (Attachments: # 1 Exhibit A)(Carr, Benjamin) (Entered: 02/08/2013)

1 Exhibit A

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Feb. 8, 2013

Feb. 8, 2013

PACER
68

MINUTE entry before Honorable John Z. Lee: Plaintiffs' motion to certify class 5 is stricken without prejudice. The parties have stated that they will need class discovery and discovery has commenced. Because class discovery may impact the parties arguments and the definition of the class, consideration of the class certification issue is premature at this time. On 1/8/13, the Court set a briefing schedule for the class certification issue. Plaintiffs are granted leave to file a renewed motion for class certification with their memorandum in support of class certification, which is due 4/19/13. Additionally, for the reasons provided herein,Sergey Mayorov and Nicholas Taylor-Jones's motion to intervene 25 is denied.[ For further details see minute order.] Mailed notice(ca, ) (ca, ). (Entered: 02/14/2013)

Feb. 14, 2013

Feb. 14, 2013

PACER
69

STATUS Report Regarding Discovery of Electronically Stored Information (Joint) by Jose Jimenez Moreno, Maria Jose Lopez, John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong (Carr, Benjamin) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

RECAP
70

MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez for reconsideration of Order Striking Motion to Certify Class 68 (Uncontested) (Carr, Benjamin) (Entered: 03/11/2013)

March 11, 2013

March 11, 2013

PACER
71

MEMORANDUM by Jose Jimenez Moreno, Maria Jose Lopez in support of motion for reconsideration 70 (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Carr, Benjamin) (Entered: 03/11/2013)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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March 11, 2013

March 11, 2013

PACER
72

NOTICE of Motion by Benjamin Paul Carr for presentment of motion for reconsideration 70 before Honorable John Z. Lee on 3/14/2013 at 09:00 AM. (Carr, Benjamin) (Entered: 03/11/2013)

March 11, 2013

March 11, 2013

PACER
73

MINUTE entry before Honorable John Z. Lee: Status and motion hearing held on 3/14/13. For the reasons stated on the record, plaintiffs' uncontested motion for reconsideration of order striking motion to certify class 70 is granted. Plaintiff should file a renewed motion for class certification by 3/21/13; the renewed motion will be construed as being filed on 2/14/13. Status hearing set for 6/5/13 at 9:00 a.m., at which time the parties are to report on more expected dates of the completion of ESI production. Mailed notice (ca, ) (Entered: 03/15/2013)

March 14, 2013

March 14, 2013

PACER
74

MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez to certify class or Representative Habeas Action (Carr, Benjamin) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

PACER
75

MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez, Defendants John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong to Amend the Scheduling Order Regarding Class Certification Briefing (Carr, Benjamin) (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

PACER
76

NOTICE of Motion by Benjamin Paul Carr for presentment of motion for miscellaneous relief 75 before Honorable John Z. Lee on 4/17/2013 at 09:00 AM. (Carr, Benjamin) (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

PACER
77

MINUTE entry before Honorable John Z. Lee: Pursuant to the Court's order of 3/14/13, Plaintiffs filed a renewed motion for class certification on 3/18/13. Because the parties are conducting discovery as to these issues, the motion will be entered and continued. Along the same lines, the Court grants the Joint Motion to Amend the Scheduling Order Regarding Class Certification Briefing 75 . Plaintiff's brief in support of its motion for class certification will be due on 6/21/13; Defendants' response is due on 7/22/13; Plaintiffs' reply is due on 8/5/13. No appearance is necessary on 4/17/13. Mailed notice (ca, ) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
78

AMENDED complaint by Jose Jimenez Moreno, Maria Jose Lopez against John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong (Attachments: # 1 Exhibit A - B)(Carr, Benjamin) (Entered: 05/01/2013)

1 Exhibit A - B

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May 1, 2013

May 1, 2013

PACER
79

MOTION by Defendants John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong for protective order DEFENDANTS UNOPPOSED MOTION FOR THE ENTRY OF A PRIVACY ACT PROTECTIVE ORDER (Attachments: # 1 Text of Proposed Order Privacy Act Protective Order)(Vahab, Lana) (Entered: 05/07/2013)

1 Text of Proposed Order Privacy Act Protective Order

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May 7, 2013

May 7, 2013

PACER
80

NOTICE of Motion by Lana Lunskaya Vahab for presentment of motion for protective order, 79 before Honorable John Z. Lee on 5/14/2013 at 09:00 AM. (Vahab, Lana) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
81

MINUTE entry before Honorable John Z. Lee: Defendants' unopposed motion for the entry of a privacy act protective order 79 is stricken for failure to comply with the Court's standing order and Local Rules regarding protective orders. Defendants are granted leave to file an amended protective order consistent with the Court's standing order and the Local Rules. No appearance is necessary on 5/14/13.Mailed notice (ca, ) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
82

ANSWER to amended complaint by John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong(Silvis, William) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
83

MOTION by Defendants John Morton, Janet Napolitano, David C. Palmatier, Ricardo Wong for an Entry of an Agreed Confidentiality Order in accordance with L.R. 26.2 (Vahab, Lana) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
84

NOTICE of Motion by Lana Lunskaya Vahab for presentment of motion for miscellaneous relief 83 before Honorable John Z. Lee on 6/4/2013 at 09:00 AM. (Vahab, Lana) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
85

MINUTE entry before Honorable John Z. Lee: Defendants' unopposed motion for entry of a Privacy Act confidentiality order 83 is granted. Order shall be entered. No appearance is necessary on 6/4/13. Mailed notice (ca, ) (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

PACER
86

AGREED Confidentiality Order Signed by the Honorable John Z. Lee on 6/3/13Mailed notice(ca, ). (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

PACER
87

MINUTE entry before Honorable John Z. Lee:Status hearing held on 6/5/13. The parties report they are proceeding with discovery. Status hearing set for 8/22/13 at 9:00 a.m. Mailed notice (ca, ) (Entered: 06/05/2013)

June 5, 2013

June 5, 2013

PACER
88

MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez for leave to file excess pages (Unopposed) (Wallace, Joel) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
89

NOTICE of Motion by Joel M Wallace for presentment of motion for leave to file excess pages 88 before Honorable John Z. Lee on 6/20/2013 at 09:00 AM. (Wallace, Joel) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
90

MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez for leave to file documents under seal(Unopposed) (Wallace, Joel) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
91

NOTICE of Motion by Joel M Wallace for presentment of motion for leave to file 90 before Honorable John Z. Lee on 6/20/2013 at 09:00 AM. (Wallace, Joel) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
92

MINUTE entry before Honorable John Z. Lee: Plaintiffs' unopposed motion for leave to file under seal is granted. Plaintiffs' unopposed motion for leave to file a brief in excess of 15 pages is granted. Plaintiffs' brief in support of their motion for class certification may include up to 20 pages; Defendants' brief in response may include up to 20 pages; Plaintiffs' reply brief is limited to 15 pages. No appearance is necessary on 6/20/13. Mailed notice (ca, ) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
93

ATTORNEY Appearance for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez by Charles Roth (Roth, Charles) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
94

MOTION by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez to certify class (amended) (Wallace, Joel) (Entered: 06/21/2013)

June 21, 2013

June 21, 2013

PACER
95

MEMORANDUM by Jose Jimenez Moreno, Maria Jose Lopez in support of motion to certify class 94 (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V)(Wallace, Joel) (Entered: 06/21/2013)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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20 Exhibit S

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21 Exhibit T

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22 Exhibit U

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23 Exhibit V

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June 21, 2013

June 21, 2013

PACER
96

SEALED EXHIBIT by Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez regarding memorandum in support of motion,, 95 (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit J)(Wallace, Joel) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
97

MOTION by counsel for Plaintiffs Jose Jimenez Moreno, Maria Jose Lopez, Intervenor Parties Sergey Mayorov, Nicholas Taylor-Jones to withdraw as attorney (Carr, Benjamin) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
98

NOTICE of Motion by Benjamin Paul Carr for presentment of motion to withdraw as attorney 97 before Honorable John Z. Lee on 6/27/2013 at 09:00 AM. (Carr, Benjamin) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
99

MINUTE entry before Honorable John Z. Lee:Plaintiffs' and intervening plaintiffs' motion for leave to withdraw counsel 97 is granted, attorney Benjamin Carr is granted leave to withdraw his appearance. No appearance is required on the motion.Mailed notice (ca, ) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

PACER
100

MOTION by Defendants John Morton, Janet Napolitano, David C. Palmatier, Ricardo WongAGREED MOTION TO AMEND THE SCHEDULING ORDER REGARDING CLASS CERTIFICATION BRIEFING AND THE CLOSE OF DISCOVERY (Vahab, Lana) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 11, 2011

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals being held by law enforcement agencies (“LEAs”) pursuant to ICE detainers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Homeland Security, Federal

Immigration and Customs Enforcement, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Federalism (including 10th Amendment)

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2016 - None

Content of Injunction:

Goals (e.g., for hiring, admissions)

Monitoring

Preliminary relief denied

Preliminary relief granted

Issues

General:

Habeas Corpus

Over/Unlawful Detention

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation