Case: Crane v. Johnson

3:12-cv-03247 | U.S. District Court for the Northern District of Texas

Filed Date: Aug. 23, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On August 23, 2012, law enforcement officers employed by U.S. Immigration and Customs Enforcement (ICE), a component agency of the U.S. Department of Homeland Security (DHS), filed this lawsuit in the U.S. District Court for the Northern District of Texas, alleging violations of 8 U.S.C. § 1225 by the heads of DHS and ICE. Plaintiffs, represented by private counsel, asked the court for injunctive relief preventing the implementation of a Directive issued by the Secretary of Homeland Security en…

On August 23, 2012, law enforcement officers employed by U.S. Immigration and Customs Enforcement (ICE), a component agency of the U.S. Department of Homeland Security (DHS), filed this lawsuit in the U.S. District Court for the Northern District of Texas, alleging violations of 8 U.S.C. § 1225 by the heads of DHS and ICE. Plaintiffs, represented by private counsel, asked the court for injunctive relief preventing the implementation of a Directive issued by the Secretary of Homeland Security entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children" ("the Directive") and a Memorandum entitled "Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens" (the "Morton Memorandum"). Plaintiffs claimed that the Directive commanded ICE officers to violate federal law, compelled them to violate their oaths of office, violated the Administrative Procedure Act ("APA"), unconstitutionally usurped and encroached upon the legislative powers of Congress, as defined in Article I of the United States Constitution, and violated the obligation of the executive branch to faithfully execute the law, as required by Article II, Section 3, of the United States Constitution. On October 10, 2012, the ICE employees were joined by the State of Mississippi as a plaintiff in an Amended Complaint.

On January 24, 2013, the Court (Judge Reed C. O'Connor) granted in part and denied in part the government's November 13, 2012 Motion to Dismiss. Crane v. Napolitano, 920 F.Supp.2d 724 (N.D. Tex. 2013). The Court held that venue was appropriate in the Northern District of Texas. With respect to several of the ICE Agent Plaintiffs' causes of action the Court found that these Plaintiffs had not suffered an injury-in-fact, and therefore lacked standing to pursue the claims. In particular, the Court found that even if following the Directive and the Morton Memorandum did require them to violate their oaths to uphold the Constitution, and to alter their employment conduct, neither effect injured them concretely enough to support standing. However, the Court found that the allegation that the Directive and Memo compelled the plaintiffs to violate a federal statute upon pain of adverse employment action did satisfy the requirements of standing. (With respect to one additional asserted cause of action, relating to the issuance of employment authorization to aliens covered by the Directive/Memo, the Court noted that the plaintiffs were not involved in employment authorization decisions and did not articulate a way in which employment authorization harmed them personally. Thus, the Court dismissed without prejudice Plaintiffs' third cause of action.)

With respect to the State of Mississippi, the court found that Mississippi's asserted fiscal injury was purely speculative because there was no concrete evidence that the costs associated with the presence of illegal aliens in the state of Mississippi have increased or will increase as a result of the Directive or the Morton Memorandum. The Court held that Mississippi failed to allege an injury-in-fact sufficient to satisfy the constitutional requirements of standing and dismissed the state of Mississippi's claims without prejudice.

The federal government also asserted that this Court lacks jurisdiction because Plaintiffs' claims are federal employment disputes subject to the Civil Service Reform Act ("CSRA"), but the Court deferred ruling on this claim until trial because Defendant's claim that the CSRA precludes federal-court jurisdiction over Plaintiff's claims had been inadequately briefed.

On April 23, 2013, the Court (Judge Reed O'Connor) held a hearing regarding Plaintiffs' Application for Preliminary Injunctive Relief. The Court concluded that Plaintiffs were likely to succeed on the merits of their claim that the Directive and related provisions of the Morton Memorandum violate 8 U.S.C. § 1225(b)(2)(A), but deferred ruling until the parties provided the Court with additional briefing regarding the CSRA dispute. Crane v. Napolitano, 2013 WL 1744422 (N.D. Tex. 2013).

The CSRA was then fully briefed, and on July 31, 2013, the Court (Judge Reed C. O'Connor) dismissed the remainder of the case for lack of subject-matter jurisdiction. The Court found that since Plaintiff's claims were based on their challenge to the Deferred Action for Childhood Arrivals after Plaintiff's non-compliance with the program led to the threat of workplace disciplinary action against them, the dispute must be governed by the CSRA's comprehensive and exclusive remedial scheme provided by Congress. Thus, the Court held that it did not have subject-matter jurisdiction to address Plaintiffs' claims. Crane v. Napolitano, 2013 WL 8211660 (N.D. Tex. 2013).

Plaintiffs appealed. On July 22, 2015, the Court of Appeals for the Fifth Circuit affirmed the judgment of the District Court. Crane v. Johnson, 783 F.3d 244 (5th Cir. 2015). This ended the case.

Summary Authors

Frances Hollander (10/19/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5222082/parties/crane-v-napolitano/


Judge(s)

Davis, W. Eugene (Louisiana)

King, Carolyn Dineen (Texas)

O'Connor, Reed Charles (Texas)

Owen, Priscilla Richman (Texas)

Attorneys(s) for Plaintiff

Jung, P. Michael (Texas)

Kobach, Kris W. (Missouri)

Attorneys(s) for Defendant

Cohen, Bradley H. (District of Columbia)

Kirschner, Adam D. (District of Columbia)

Other Attorney(s)

Active

Active

Judge(s)

Davis, W. Eugene (Louisiana)

King, Carolyn Dineen (Texas)

O'Connor, Reed Charles (Texas)

Owen, Priscilla Richman (Texas)

Attorneys(s) for Plaintiff

Jung, P. Michael (Texas)

Kobach, Kris W. (Missouri)

Attorneys(s) for Defendant

Cohen, Bradley H. (District of Columbia)

Kirschner, Adam D. (District of Columbia)

Other Attorney(s)

Little, Dionna Jalea Asha (Texas)

Murray, Brian Joseph (Illinois)

Perales, Nina (Texas)

Documents in the Clearinghouse

Document

Docket

Crane et al v. Napolitano et al

July 22, 2015 Docket
1

Complaint

Crane v. Napolitano

Aug. 23, 2012 Complaint
15

Amended Complaint

Crane v. Napolitano

Oct. 10, 2012 Complaint
41

Memorandum Opinion and Order

Crane v. Napolitano

920 F.Supp.2d 724, 2013 WL 363710, 2013 U.S.Dist.LEXIS 10006

Jan. 24, 2013 Order/Opinion
58

Memorandum Opinion and Order

Crane v. Napolitano

2013 WL 1744422, 2013 U.S.Dist.LEXIS 57788

April 23, 2013 Order/Opinion
75

Order

Crane v. Napolitano

2013 WL 8211660, 2013 U.S.Dist.LEXIS 1870005

July 31, 2013 Order/Opinion
00512995490

Court of Appeals Opinion

U. S. Court of Appeals for the Fifth Circuit

783 F.3d 244, 2015 U.S.App.LEXIS 5573

April 7, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5222082/crane-v-napolitano/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants filed by Felix Luciano, Anastasia Marie Carroll, Tre Rebstock, Samuel Martin, David A. Engle, Fernando Silva, Christopher L. Crane, Ricardo Diaz, James D. Doebler, Lorenzo Garza. Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539-4776621) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Jung, Peter) (Entered: 08/23/2012)

Aug. 23, 2012 PACER
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Anastasia Marie Carroll, Christopher L. Crane, Ricardo Diaz, James D. Doebler, David A. Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva. (Jung, Peter) (Entered: 08/23/2012)

Aug. 23, 2012 PACER
3

ADDITIONAL ATTACHMENTS to 1 Complaint by Plaintiffs Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva. (Jung, Peter) (Entered: 08/23/2012)

Aug. 23, 2012 PACER
4

New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (cea) (Entered: 08/23/2012)

Aug. 23, 2012 PACER
5

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva. (Jung, Peter) (Entered: 08/23/2012)

Aug. 23, 2012 PACER

*** Case unsealed per oral order by District Judge. (jkm)

Aug. 23, 2012 PACER
6

Request for Clerk to issue summons in a civil action filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva. (Jung, Peter) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
7

Request for Clerk to issue summons in a civil case filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva. (Jung, Peter) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
8

Summons issued as to John Morton, Janet Napolitano, U.S. Attorney, and U.S. Attorney General. (skt) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
9

AFFIDAVIT of Service for Summons and Complaint served on John Morton through U.S. Attorney on 09/12/2012. (Jung, Peter) (Entered: 10/03/2012)

Oct. 3, 2012 PACER
10

AFFIDAVIT of Service for Summons and Complaint served on Janet Napolitano through U.S. Attorney on 09/12/2012. (Jung, Peter) (Entered: 10/03/2012)

Oct. 3, 2012 PACER
11

AFFIDAVIT of Service for Summons and Complaint served on John Morton through Attorney General on 09/19/2012. (Jung, Peter) (Entered: 10/03/2012)

Oct. 3, 2012 PACER
12

AFFIDAVIT of Service for Summons and Complaint served on John Morton on 09/18/2012. (Jung, Peter) (Entered: 10/03/2012)

Oct. 3, 2012 PACER
13

Proof of Service for Summons and Complaint served on Janet Napolitano on 09/24/2012. (Jung, Peter) Modified text on 10/9/2012 (ykp). (Entered: 10/08/2012)

Oct. 8, 2012 PACER
14

Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Kris W. Kobach (Filing fee $25; Receipt number 0539-4874501) filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order) (Jung, Peter) (Entered: 10/10/2012)

Oct. 10, 2012 PACER
15

AMENDED COMPLAINT against All Defendants filed by Felix Luciano, Anastasia Marie Carroll, Tre Rebstock, Samuel Martin, David A Engle, Fernando Silva, Christopher L Crane, Ricardo Diaz, James D Doebler, Lorenzo Garza, State of Mississippi, by and through Governor Phil Bryant. Clerk to issue summons(es) for new federal defendant(s). (Attachments: # 1 Exhibit(s) Directive, # 2 Exhibit(s) OSA Report) (Jung, Peter) (Entered: 10/10/2012)

Oct. 10, 2012 PACER
16

Summons issued as to Alejandro Mayorkas, U.S. Attorney, and U.S. Attorney General. (axm) (Entered: 10/10/2012)

Oct. 10, 2012 PACER
17

ELECTRONIC ORDER granting 14 Application for Admission Pro Hac Vice of Kris W. Kobach. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C O'Connor on 10/12/2012) (chmb) (rrr) (Entered: 10/12/2012)

Oct. 12, 2012 PACER
18

AFFIDAVIT of Service for Summons & Complaint served on Janet Napolitano, through the Attorney General on 09/17/2012. (Jung, Peter) (Entered: 10/29/2012)

Oct. 29, 2012 PACER
19

AFFIDAVIT of Service for Summons & Amended Complaint served on Alejandro Mayorkas on 10/22/2012. (Jung, Peter) (Entered: 10/29/2012)

Oct. 29, 2012 PACER
20

AFFIDAVIT of Service for Summons & Amended Complaint served on Alejandro Mayorkas, through the Attorney General on 10/22/2012. (Jung, Peter) (Entered: 10/29/2012)

Oct. 29, 2012 PACER
21

AFFIDAVIT of Service for Summons & Amended Complaint served on Alejandro Mayorkas, through the US Attorney on 10/18/2012. (Jung, Peter) (Entered: 10/29/2012)

Oct. 29, 2012 PACER
22

NOTICE of Attorney Appearance by Adam David Kirschner on behalf of All Defendants. (Filer confirms contact info in ECF is current.) (Kirschner, Adam) (Entered: 11/13/2012)

Nov. 13, 2012 PACER
23

MOTION to Dismiss filed by Alejandro Mayorkas, John Morton, Janet Napolitano with Brief/Memorandum in Support. (Kirschner, Adam) (Entered: 11/13/2012)

Nov. 13, 2012 PACER
24

MOTION for Injunction Application for Preliminary Injunction filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi (Kobach, Kris) (Entered: 11/28/2012)

Nov. 28, 2012 PACER
25

***DISREGARD/SEE 26 FOR CORRECTED DOCUMENT*** Brief/Memorandum in Support filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi with Brief/Memorandum in Support. (Attachments: # 1 Affidavit(s) Samuel Martin Affidavit, # 2 Affidavit(s) Christopher Crane Affidavit) (Kobach, Kris) Modified text and termed motion on 11/29/2012 (ykp). (Entered: 11/28/2012)

Nov. 28, 2012 PACER
26

Brief/Memorandum in Support filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi re 25 MOTION for Injunction Brief in Support of Application for Preliminary Injunction, 24 MOTION for Injunction Application for Preliminary Injunction Amended Brief in Support of Application for Preliminary Injunction (Attachments: # 1 Affidavit(s) Samuel Martin Affidavit, # 2 Affidavit(s) Christopher Crane Affidavit) (Kobach, Kris) (Entered: 11/28/2012)

Nov. 28, 2012 PACER
27

ORDER: Before the Court are Defendants' 23 Motion to Dismiss and Memorandum in Support, filed 11/13/2012, and Plaintiffs' 24 Application for Preliminary Injunctive Relief, filed 11/28/2012. To facilitate the efficient resolution of the issues, the Court will consider these Motions at the same time once the Motion to Dismiss is ripe. (Ordered by Judge Reed C O'Connor on 11/29/2012) (ykp) (Entered: 11/29/2012)

Nov. 29, 2012 PACER
28

MOTION for Extension of Time to File Response/Reply Until Final Disposition of Defendants' Motion to Dismiss re: 24 MOTION for Injunction Application for Preliminary Injunction filed by Alejandro Mayorkas, John Morton, Janet Napolitano with Brief/Memorandum in Support. (Kirschner, Adam) (Entered: 11/29/2012)

Nov. 29, 2012 PACER
29

ELECTRONIC ORDER denying 28 Motion to Extend Time to File Response/Reply. (Ordered by Judge Reed C O'Connor on 11/29/2012)(Judge Reed C O'Connor) (Entered: 11/29/2012)

Nov. 29, 2012 PACER
30

RESPONSE filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi re: 23 MOTION to Dismiss (Kobach, Kris) (Entered: 12/04/2012)

Dec. 4, 2012 PACER
31

Appendix in Support filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi re 30 Response/Objection, Appendix in Support of Response to Motion to Dismiss (Kobach, Kris) (Entered: 12/04/2012)

Dec. 4, 2012 PACER
32

NOTICE of Attorney Appearance by Bradley Heath Cohen on behalf of All Defendants. (Filer confirms contact info in ECF is current.) (Cohen, Bradley) (Entered: 12/18/2012)

Dec. 18, 2012 PACER
33

REPLY filed by Alejandro Mayorkas, John Morton, Janet Napolitano re: 23 MOTION to Dismiss (Kirschner, Adam) (Entered: 12/18/2012)

Dec. 18, 2012 PACER
34

RESPONSE filed by Alejandro Mayorkas, John Morton, Janet Napolitano re: 24 MOTION for Injunction Application for Preliminary Injunction (Attachments: # 1 Exhibit(s) A- ICE Director June 17, 2011 Memo, # 2 Exhibit(s) B- DHS Secretary June 15, 2012 Memo, # 3 Exhibit(s) C- Bernsen 1976 Memo, # 4 Exhibit(s) D- Meissner 2000 Memo, # 5 Exhibit(s) E- Howard 2005 Memo, # 6 Exhibit(s) F- Myers 2007 Memo, # 7 Exhibit(s) G- Ellis Declaration) (Kirschner, Adam) (Entered: 12/19/2012)

Dec. 19, 2012 PACER
35

Unopposed MOTION for Leave to File Reply in Excess of Page Limitation filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi (Attachments: # 1 Proposed Order Proposed Order) (Jung, Peter) (Entered: 01/02/2013)

Jan. 2, 2013 PACER
36

REPLY filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi re: 24 MOTION for Injunction Application for Preliminary Injunction (Jung, Peter) (Entered: 01/02/2013)

Jan. 2, 2013 PACER
37

Appendix in Support filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi re 36 Reply, (Jung, Peter) (Entered: 01/02/2013)

Jan. 2, 2013 PACER
38

ORDER granting 35 Motion to Enlarge Page Limitation for Reply in Support of Application for Preliminary Injunction. Accordingly, it is ORDERED that Plaintiffs may file a Reply in support of their Application for Preliminary Injunction not to exceed thirteen pages in length. (Ordered by Judge Reed C O'Connor on 1/3/2013) (ctf) (Entered: 01/03/2013)

Jan. 3, 2013 PACER
39

MOTION to Amend/Correct 37 Appendix in Support, to Supplement the Record on Application for Preliminary Injunction filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s) Declaration of P. Michael Jung, # 2 Proposed Order) (Jung, Peter) (Entered: 01/23/2013)

Jan. 23, 2013 PACER
40

RESPONSE filed by Alejandro Mayorkas, John Morton, Janet Napolitano re: 39 MOTION to Amend/Correct 37 Appendix in Support, to Supplement the Record on Application for Preliminary Injunction (Attachments: # 1 Exhibit(s) A- 9-14-12 FAQs, # 2 Exhibit(s) B- 2002 INS Memo, # 3 Exhibit(s) C- 2009 USCIS Memo) (Kirschner, Adam) (Entered: 01/24/2013)

Jan. 24, 2013 PACER
41

MEMORANDUM OPINION AND ORDER granting in part and denying in part 23 Motion to Dismiss: Accordingly, it is ORDERED that the State of Mississippi's claims, by and through Governor Phil Bryant, are DISMISSED without prejudice to refiling. It is further ORDERED that Plaintiffs' third cause of action challenging the issuance of employment authorization is DISMISSED without prejudice to refiling. State of Mississippi (by and through Governor Phil Bryant) terminated., Attorneys Peter Michael Jung and Kris W Kobach terminated. (Ordered by Judge Reed C O'Connor on 1/24/2013) (twd) (Entered: 01/25/2013)

Jan. 24, 2013 RECAP
42

ORDER as to Plaintiffs' 24 Application for Preliminary Injunctive Relief: The Court intends to set this for hearing. Accordingly, it is ORDERED that lead counsel for each party (or a designee attorney with appropriate authority) shall confer as soon as practicable to prepare a Joint Report regarding proposed dates for a hearing on Plaintiffs' Application for Preliminary Injunctive Relief. The Joint Report shall be filed on or before 2/01/2013. (Ordered by Judge Reed C O'Connor on 1/25/2013) (twd) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
43

Consent Motion for Extension of Time to Answer 15 Amended Complaint Until 14 Days Following Disposition of Plaintiffs' Motion for Preliminary Injunction filed by Alejandro Mayorkas, John Morton, Janet Napolitano (Kirschner, Adam) Modified text/link on 2/1/2013 (rlw). (Entered: 01/31/2013)

Jan. 31, 2013 PACER
44

CERTIFICATE OF SERVICE filed by Alejandro Mayorkas, John Morton, Janet Napolitano re: 43 Consent Motion for Extension of Time to File Answer Until 14 Days Following Disposition of Plaintiffs' Motion for Preliminary Injunction . (Kirschner, Adam) Modified text on 2/1/2013 (axm). (Entered: 02/01/2013)

Feb. 1, 2013 PACER
45

ORDER granting 43 Defendants' Unopposed Motion for Extension of Time to Answer Plaintiff's Amended Complaint. Accordingly, it is ORDERED that Defendants must file their answer to Plaintiffs' Amended Complaint within fourteen days of the Court's disposition of the pending application for preliminary injunction. (Ordered by Judge Reed C O'Connor on 2/1/2013) (axm) (Entered: 02/01/2013)

Feb. 1, 2013 PACER
46

Joint STATUS REPORT filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Alejandro Mayorkas, John Morton, Janet Napolitano, Tre Rebstock, Fernando Silva. (Kirschner, Adam) (Entered: 02/01/2013)

Feb. 1, 2013 PACER
47

ORDER SETTING HEARING: Before the Court is 24 Plaintiffs' Application for Preliminary Injunctive Relief, filed 11/28/2012. The Court sets this matter for a hearing on 3/22/2013 09:00 AM before Judge Reed C O'Connor. Counsel for Plaintiffs and Defendants are ORDERED to attend and be prepared to address all issues relating to the motion. (Ordered by Judge Reed C O'Connor on 2/5/2013) (ykp) (Entered: 02/05/2013)

Feb. 5, 2013 PACER
48

Unopposed MOTION to Continue Preliminary Injunction Hearing to Another Date filed by Alejandro Mayorkas, John Morton, Janet Napolitano with Brief/Memorandum in Support. (Kirschner, Adam) (Entered: 02/08/2013)

Feb. 8, 2013 PACER
49

ORDER granting 48 Motion to Continue. Motion Hearing regarding 24 Motion set for 4/8/2013 09:00 AM before Judge Reed C O'Connor. Counsel for Plaintiffs and Defendants are ORDERED to attend and be prepared to address all issues relating to the motion. (Ordered by Judge Reed C O'Connor on 2/11/2013) (tla) Modified on 2/11/2013 (tla). (Entered: 02/11/2013)

Feb. 11, 2013 PACER
50

Unopposed MOTION to Amend/Correct 46 Status Report, filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva (Attachments: # 1 Proposed Order) (Jung, Peter) (Entered: 03/11/2013)

March 11, 2013 PACER
51

ORDER granting 50 Plaintiffs' Unopposed Motion to Amend Joint Status Report. Accordingly, it is ORDERED that Jessica Vaughan is substituted as a witness for Plaintiffs at the upcoming preliminary injunction hearing, in place of Robin Baker. (Ordered by Judge Reed C O'Connor on 3/12/2013) (aaa) (Entered: 03/12/2013)

March 12, 2013 PACER
52

ORDER granting 39 Plaintiffs' Motion to Supplement the Record on Application for Preliminary Injunctive Relief. (Ordered by Judge Reed C O'Connor on 3/15/2013) (axm) (Entered: 03/18/2013)

March 15, 2013 PACER

Notice to the Parties: Please be advised that as of Monday, April 8, 2013, Judge Reed C. O'Connor's chambers will be located at 1100 Commerce Street, Room 1312, Dallas, Texas 75242. All hearings and trial proceedings will be held in United States District Judges Courtroom 1310, 1100 Commerce Street, Dallas, Texas 75242. (drh)

April 4, 2013 PACER
53

ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Hearing on 24 - Plaintiffs' Application for Preliminary Injunction. Hearing held on 4/8/2013. Attorney Appearances: Plaintiff - Kris Kobach, Peter Michael Jung; Defense - Adam David Kirschner, Bradley Heath Cohen. (Court Reporter: Denver Roden) (Exhibits admitted) Time in Court - 5:45. (chmb) (Entered: 04/09/2013)

April 8, 2013 PACER
54

NOTICE Pertaining to the Preliminary Injunction Hearing filed by Alejandro Mayorkas, John Morton, Janet Napolitano re: 53 Evidentiary Hearing. (Kirschner, Adam) Modified text on 4/10/2013 (axm). Modified text on 4/16/2013 (rlw). (Entered: 04/09/2013)

April 9, 2013 PACER
55

CERTIFICATE OF SERVICE by Alejandro Mayorkas, John Morton, Janet Napolitano re 54 Notice (Other) (Kirschner, Adam) (Entered: 04/10/2013)

April 10, 2013 PACER
56

RESPONSE filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi re: 54 NOTICE Pertaining to the Preliminary Injuction Hearing (Kobach, Kris) Modified text on 4/15/2013 (rlw). (Entered: 04/12/2013)

April 12, 2013 PACER
57

REPLY filed by Alejandro Mayorkas, John Morton, Janet Napolitano re: 54 NOTICE Pertaining to the Preliminary Injunction Hearing (Kirschner, Adam) Modified link/text on 4/16/2013 (rlw). (Entered: 04/15/2013)

April 15, 2013 PACER
58

Memorandum Opinion and Order deferring ruling on Plaintiffs' 24 Application for Preliminary Injunction until the parties have submitted additional briefing. The parties shall file their respective briefs on or before 5/6/2013. (Ordered by Judge Reed C O'Connor on 4/23/2013) (tln) (Entered: 04/23/2013)

April 23, 2013 RECAP
59

Brief/Memorandum in Support filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva re 24 MOTION for Injunction Application for Preliminary Injunction (supplemental brief per court order) (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B (first half), # 3 Exhibit(s) Exhibit B (second half), # 4 Exhibit(s) Exhibit C (part 1), # 5 Exhibit(s) Exhibit C (part 2), # 6 Exhibit(s) Exhibit C (part 3), # 7 Exhibit(s) Exhibit C (part 4), # 8 Exhibit(s) Exhibit D, # 9 Exhibit(s) Exhibit E) (Jung, Peter) (Entered: 05/06/2013)

May 6, 2013 PACER
60

Defendants' Supplemental Memorandum on Why the Civil Service Reform Act Precludes Plaintiffs' Requested Relief by Alejandro Mayorkas, John Morton, Janet Napolitano as to 58 Memorandum Opinion and Order, 34 Response/Objection, Regarding Why CSRA Precludes Plaintiffs' Requested Relief. (Attachments: # 1 Exhibit(s) A- National Grievance) (Kirschner, Adam) Modified on 5/13/2013 (twd). Modified title on 5/29/2013 (rlw). (Entered: 05/06/2013)

May 6, 2013 PACER
61

Proposed MOTION to Intervene as Defendants or in the Alternative, Motion for Leave to Participate as Amici Curiae filed by Pamela Resendiz, Carolina Canizalez, University Leadership Initiative with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support of Motion to Intervene, # 2 Appendix to Motion to Intervene, # 3 Proposed Order A). Party Pamela Resendiz, Carolina Canizalez and the University Leadership Initiative added. (Perales, Nina) (Entered: 05/06/2013)

May 6, 2013 PACER
62

NOTICE of Letter Pointing out Error in Brief re: 59 Brief/Memorandum in Support of Motion,, filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva (Kobach, Kris) (Entered: 05/07/2013)

May 7, 2013 PACER
63

Amended Supplemental Brief in Support filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva re 24 MOTION for Injunction Application for Preliminary Injunction (Amended Supplemental Brief) (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B (first half), # 3 Exhibit(s) Exhibit B (second half), # 4 Exhibit(s) Exhibit C (part 1), # 5 Exhibit(s) Exhibit C (part 2), # 6 Exhibit(s) Exhibit C (part 3), # 7 Exhibit(s) Exhibit C (part 4), # 8 Exhibit(s) Exhibit D, # 9 Exhibit(s) Exhibit E, # 10 Exhibit(s) Exhibit F) (Jung, Peter) Docket text modified on 5/13/2013 (twd). (Entered: 05/07/2013)

May 7, 2013 PACER
64

ORDER re 60 Supplemental Memorandum on Why the Civil Service Reform Act Precludes Plaintiffs' Requested Relief and 63 Amended Supplemental Brief in Support of Plaintiffs' Application for Preliminary Injunctive Relief: It is ORDERED that the parties must file their respective responses on or before 5/20/2013, and their respective replies on or before 5/28/2013. Each individual brief is not to exceed ten (10) pages in length. (Ordered by Judge Reed C O'Connor on 5/13/2013) (twd) (Entered: 05/13/2013)

May 13, 2013 PACER
65

Unopposed MOTION for Extension of Time to File Response/Reply re: 61 Proposed MOTION to Intervene as Defendants or in the Alternative, Motion for Leave to Participate as Amici Curiae filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva (Attachments: # 1 Proposed Order) (Jung, Peter) (Entered: 05/16/2013)

May 16, 2013 PACER
66

ORDER granting 65 Motion for Extension of Time to Respond to Proposed Defendant-Intervenors Motion to Intervene. Responses due by 6/17/2013 (Ordered by Judge Reed C O'Connor on 5/17/2013) (trt) (Entered: 05/17/2013)

May 17, 2013 PACER
67

RESPONSE filed by Alejandro Mayorkas, John Morton, Janet Napolitano re: 63 Amended Supplemental Brief in Support (Kirschner, Adam) Modified text on 5/29/2013 (rlw). (Entered: 05/20/2013)

May 20, 2013 PACER
68

RESPONSE filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva re: 60 Supplemental Memorandum (Kobach, Kris) Modified text on 5/29/2013 (rlw). (Entered: 05/20/2013)

May 20, 2013 PACER
69

MOTION for Leave to File Brief of Amicus Curiae filed by National Immigrant Justice Center with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order) (Little, Dionna) (Entered: 05/22/2013)

May 22, 2013 PACER
70

DEFENDANTS' REPLY TO PLAINTIFF'S RESPONSIVE SUPPLEMENTAL BRIEF REGARDING CIVIL SERVICE REFORM ACT filed by Alejandro Mayorkas, John Morton, Janet Napolitano re: 60 Supplemental Brief (Kirschner, Adam) Modified link/text on 5/29/2013 (rlw). (Entered: 05/28/2013)

May 28, 2013 PACER
71

PLAINTIFF'S SUPPLEMENTAL REPLY BRIEF REGARDING CIVIL SERVICE REFORM ACT filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva re: 63 Amended Supplemental Brief in Support (Kobach, Kris) Modified link/text on 5/29/2013 (rlw). (Entered: 05/28/2013)

May 28, 2013 PACER
72

RESPONSE filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva re: 69 MOTION for Leave to File Brief of Amicus Curiae (Kobach, Kris) (Entered: 06/11/2013)

June 11, 2013 PACER
73

RESPONSE AND OBJECTION filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi re: 61 Proposed MOTION to Intervene as Defendants or in the Alternative, Motion for Leave to Participate as Amici Curiae (Kobach, Kris) (Entered: 06/17/2013)

June 17, 2013 PACER
74

RESPONSE filed by Carolina Canizalez, Pamela Resendiz, University Leadership Initiative re: 69 MOTION for Leave to File Brief of Amicus Curiae (Perales, Nina) (Entered: 07/01/2013)

July 1, 2013 PACER
75

ORDER: Plaintiffs' claims are DISMISSED without prejudice for lack of subject-matter jurisdiction. (Ordered by Judge Reed C O'Connor on 7/31/2013) (axm) (Entered: 07/31/2013)

July 31, 2013 PACER
76

JUDGMENT: Based on the Court's Order dismissing Plaintiffs' claims for lack of subject-matter jurisdiction, this case is DISMISSED without prejudice. (Ordered by Judge Reed C O'Connor on 7/31/2013) (axm) (Entered: 07/31/2013)

July 31, 2013 PACER

***Civil Case Terminated per 76 Judgment. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (ctf)

July 31, 2013 PACER
77

MOTION to Alter or Amend Judgment filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Kobach, Kris) (Entered: 08/28/2013)

Aug. 28, 2013 PACER
78

Consent MOTION for Extension of Time to File Response/Reply re: 77 MOTION to Alter or Amend Judgment filed by Alejandro Mayorkas, John Morton, Janet Napolitano (Cohen, Bradley) (Entered: 09/03/2013)

Sept. 3, 2013 PACER
79

ELECTRONIC ORDER granting 78 Motion to Extend Time to File Response/Reply. (Ordered by Judge Reed C O'Connor on 9/3/2013) (Judge Reed C O'Connor) (Entered: 09/03/2013)

Sept. 3, 2013 PACER
80

RESPONSE filed by Alejandro Mayorkas, John Morton, Janet Napolitano re: 77 MOTION to Alter or Amend Judgment (Kirschner, Adam) (Entered: 09/25/2013)

Sept. 25, 2013 PACER
81

REPLY filed by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva re: 77 MOTION to Alter or Amend Judgment (Kobach, Kris) (Entered: 10/09/2013)

Oct. 9, 2013 PACER
82

ORDER denying 77 Plaintiffs' Motion to Alter or Amend the Judgment. (Ordered by Judge Reed C O'Connor on 12/9/2013) (ctf) (Entered: 12/09/2013)

Dec. 9, 2013 PACER
83

NOTICE OF APPEAL to the Fifth Circuit as to 41 Memorandum Opinion and Order granting in part and denying in part, 23 Motion to Dismiss, 76 Judgment, 75 Order, 82 Order on Motion to Alter Judgment by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi. Filing fee $505, receipt number 0539-5778697. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Jung, Peter) Modified on 1/9/2014 to correct text(svc). (Entered: 01/08/2014)

Jan. 8, 2014 PACER
84

Notice of Filing of Official Electronic Transcript of Application for Preliminary Injunction Hearing Proceedings held on 04-08-2013 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RPR, RMR, Telephone number 214-753-2298. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (234 pages) Redaction Request due 1/31/2014. Redacted Transcript Deadline set for 2/10/2014. Release of Transcript Restriction set for 4/10/2014. (dbr) (Entered: 01/10/2014)

Jan. 10, 2014 PACER
85

Transcript Order Form: re 83 Notice of Appeal,,, transcript requested by Anastasia Marie Carroll, Christopher L Crane, Ricardo Diaz, James D Doebler, David A Engle, Lorenzo Garza, Felix Luciano, Samuel Martin, Tre Rebstock, Fernando Silva, State of Mississippi for Evidentiary Hearing held on 04-08-13 before Judge O'Connor. (Jung, Peter) (Entered: 01/13/2014)

Jan. 13, 2014 PACER
86

NOTICE OF APPEAL to the Fifth Circuit as to 75 Order, 82 Order on Motion to Alter Judgment by Alejandro Mayorkas, John Morton, Janet Napolitano. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Cohen, Bradley) (Entered: 01/17/2014)

Jan. 17, 2014 PACER

USCA Case Number 14-10049 for 83 Notice of Appeal,,, filed by Samuel Martin, Christopher L Crane, Tre Rebstock, Lorenzo Garza, Fernando Silva, David A Engle, State of Mississippi, Felix Luciano, Anastasia Marie Carroll, Ricardo Diaz, James D Doebler. (svc)

Jan. 21, 2014 PACER
87

Transcript Order Form: re 86 Notice of Appeal, transcript not requested (Kirschner, Adam) (Entered: 01/24/2014)

Jan. 24, 2014 PACER

Record on Appeal for USCA5 14-10049 (related to 86, 83 appeal): Record consisting of: ECF electronic record, 1 Volume(s) electronic transcript, 1 envelope of original exhibits, certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (svc)

Jan. 27, 2014 PACER

Record on Appeal for USCA5 14-10049 (related to 86, 83 appeal): transmitted to Strasburger & Price, LLP on disk only by hand delivery. (svc)

Feb. 7, 2014 PACER

Record on Appeal for USCA5 14-10049 (related to 86, 83 appeal): transmitted to United States Dept of Justice on disk only by mail. (svc)

Feb. 14, 2014 PACER

Record on Appeal for USCA5 14-10049 (related to 86, 83 appeal): transmitted to United States Dept of Justice on disk only by Federal Express 798115386030 (svc)

March 5, 2014 PACER

Record on Appeal for USCA5 14-10049 (related to 86, 83 appeal): transmitted to Mexican American Legal Defense & Educational Fund Inc on disk only by Federal Express 770476457814 (svc)

July 1, 2014 PACER
88

Opinion of USCA in accordance with USCA judgment re 86 Notice of Appeal, filed by John Morton, Alejandro Mayorkas, Janet Napolitano, 83 Notice of Appeal,,, filed by Samuel Martin, Christopher L Crane, Tre Rebstock, Lorenzo Garza, Fernando Silva, David A Engle, State of Mississippi, Felix Luciano, Anastasia Marie Carroll, Ricardo Diaz, James D Doebler. (svc) (Entered: 07/22/2015)

July 22, 2015 PACER
89

JUDGMENT/MANDATE of USCA as to 86 Notice of Appeal, and 83 Notice of Appeal. It is ordered and adjudged that the judgment of the District Court is affirmed. Issued as Mandate: 7/22/15. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (svc) (Entered: 07/22/2015)

July 22, 2015 PACER

Destruction of Exhibits (EXH-ADM flag removed). (bdb)

Sept. 29, 2016 PACER

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 23, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ICE Agents and the State of Mississppi

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

Immigration and Customs Enforcement, Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-basis:

Immigration status

Immigration/Border:

Deportation - procedure

Employment

Legalization/Amnesty

Status/Classification

Temporary protected status

Undocumented immigrants - state and local regulation