Case: Lyon v. U.S. Immigration and Customs Enforcement

3:13-cv-05878 | U.S. District Court for the Northern District of California

Filed Date: Dec. 19, 2013

Clearinghouse coding complete

Case Summary

On December 19, 2013, four immigration detainees of U.S. Immigration and Customs Enforcement (ICE) filed this class-action lawsuit in the U.S. District Court for the Northern District of California under 28 U.S.C. § 2201 against ICE and the Department of Homeland Security. The plaintiffs, represented by the ACLU and private counsel, asked the court for declaratory and injunctive relief, claiming that ICE violated the plaintiffs’ rights under the First and Fifth Amendments and the Immigration an…

On December 19, 2013, four immigration detainees of U.S. Immigration and Customs Enforcement (ICE) filed this class-action lawsuit in the U.S. District Court for the Northern District of California under 28 U.S.C. § 2201 against ICE and the Department of Homeland Security. The plaintiffs, represented by the ACLU and private counsel, asked the court for declaratory and injunctive relief, claiming that ICE violated the plaintiffs’ rights under the First and Fifth Amendments and the Immigration and Nationality Act. Specifically, the plaintiffs claimed that ICE restricted their access to telephones, contrary to the agency’s National Detention Standards, thereby denying or severely limiting the plaintiffs’ statutory and constitutional rights to retain counsel, to communicate with retained counsel, to gather and present evidence, to obtain a fair hearing, to apply for immigration benefits, and to petition for documents that might help them avoid deportation.

The plaintiffs were in ICE custody pending deportation proceedings. Most detainees were geographically isolated from family, courts, and attorneys. As a result, telephone access was critical. Many detainees would qualify for one or more of the several forms of “relief from removal,” but because of ICE policies restricting telephone access many plaintiffs were unnecessarily detained for months. Many were forced to seek multiple continuances while they attempted to gather information and documents to contest their deportation. Others would accept deportation much earlier if they were able to obtain legal consultation over the telephone.

The following are examples of the practices restricting telephone access, some of which violated ICE’s own detention standards: Detainees are confined for up to 22 hours a day and are permitted to make calls only during inconsistently scheduled “free time,” which is often early in the morning or at night. Detainees have no privacy when using telephones. Phone calls from the facilities are prohibitively expensive, especially for indigent detainees. Detainees are completely unable to receive incoming calls. Telephone systems in the facilities disconnect after 15 minutes, or if a recorded greeting begins to play (including voicemail or automated systems requiring the selection of options to reach a live person). Although ICE policy requires that detainees have access to a free-call platform for contacting nonprofit legal services, that platform is often unavailable and usually ineffectual.

On April 16, 2014, the district court (Judge Edward M. Chen) granted the plaintiffs’ motion for class certification. 300 F.R.D. 628. Then, on April 28, 2014, the court referred the case to Magistrate Judge Donna M. Ryu for settlement negotiations.

Settlement discussions went on for over two years. During that time, the court approved an expansion of the plaintiff class on July 27, 2015. 308 F.R.D. 203. That expansion included detainees at newly-constructed detention facilities in California. The plaintiffs filed a supplemental complaint on August 27, 2015, which included allegations against telephone policies in the new facilities.

On March 18, 2016, the court ruled that the detainees had no Sixth Amendment right to counsel, and that the telephone policies did not violate the plaintiffs’ statutory rights to counsel. 171 F. Supp. 3d 961. However, the court allowed the due process and First Amendment claims to proceed.

On July 1, 2016, the court granted preliminary approval of the parties’ settlement agreement; on November 18, 2016, the court approved the settlement agreement and awarded attorneys’ fees in the amount of $405,000.

With this class-action settlement, restrictions on the detainees’ use of telephones were lifted such that they could make outgoing calls and ultimately obtain legal assistance. The terms of the preliminary settlement agreement included the following:

  1. Adding free and private numbers to housing unit telephones, eliminating automatic telephone cutoffs of 20 minutes, and extending cutoff times to 40 or 60 minutes,
  2. Adding 40 phone booths and additional phone rooms in housing units to facilitate privacy,
  3. Provisions ensuring timely access to phones and messages such as providing facilitators to process phone requests, and
  4. Provisions for implementation of and compliance with the agreement.

On April 23, 2019, the parties filed a proposed order to extend certain terms of the settlement agreement. The court granted this order on the same day. The parties filed another proposed order to amend the settlement agreement on December 13, 2019, which the court again granted the same day. The proposed orders can be found in the Documents for this case on the Clearinghouse website.

The parties held a mediation conference with Magistrate Judge Ryu on March 24, 2020. Subsequently, they filed another proposed order on April 1, 2020, which was granted on the same day by the magistrate judge. The order stated that the parties had agreed to increased information-sharing in light of defendants’ installation and completion of new phone lines. Defendants agreed to produce to plaintiffs phone logs, data of denied phone requests, copies of legal call request forms, and updates regarding installation of new phone lines on a bi-weekly basis beginning April 2, 2020 and ending June 2, 2020. The parties would meet and confer after the last document production at a mutually agreed time on or before June 15, 2020. 

After several settlement conferences that summer, Magistrate Judge Ryu determined that the issues underlying the settlement conferences had been resolved on August 12, 2020. No additional settlement conferences or hearings were scheduled.

As of April 25, 2022, hearings are still terminated and there have been no further updates in this case. 

Summary Authors

Nadji Allan (9/25/2014)

Virginia Weeks (8/1/2017)

Edward Cullen (3/15/2019)

Bogyung Lim (7/29/2020)

Zoe Goldstein (4/25/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5959620/parties/lyon-v-us-immigration-and-customs-enforcement/


Judge(s)

Chen, Edward Milton (California)

Ryu, Donna Miae (California)

Attorneys(s) for Plaintiff

Brown, Emily K. (California)

Cho, Eunice (District of Columbia)

Cruz, Chris (California)

Delery, Stuart F. (District of Columbia)

Ha, Charles J. (California)

Higgins, Trish M. (California)

Holmes, Jazmin (California)

Kasibhatla, Jaya N. (New York)

Judge(s)

Chen, Edward Milton (California)

Ryu, Donna Miae (California)

Attorneys(s) for Plaintiff

Brown, Emily K. (California)

Cho, Eunice (District of Columbia)

Cruz, Chris (California)

Delery, Stuart F. (District of Columbia)

Ha, Charles J. (California)

Higgins, Trish M. (California)

Holmes, Jazmin (California)

Kasibhatla, Jaya N. (New York)

Keenan, David (California)

Kugizaki, Matthew R. (California)

Kwan, Judy (California)

Leong, Shanon Christine (California)

Louie, Christine Melissa (California)

Mass, Julia Harumi (California)

Reyzis, Yekaterina L (California)

Riordan, Sean Connor (California)

Risher , Michael Temple (California)

Salceda, Angelica H. (California)

Sallomi, Megan (California)

Scott, M. Todd (California)

Siebens, Christopher Joseph (District of Columbia)

Sun, Christine Patricia (California)

Takei, Carl (District of Columbia)

Talarides, Alexander K. (California)

VanDerHout, Marc (California)

Varian, Robert P. (California)

Ward, Brian Christopher (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Wetmore, Derek Evan (California)

Winawer, Ariel Brianna (California)

Yee-Garcia, Alexis (California)

Zhao, Jingni (California)

Attorneys(s) for Defendant

Bingham, Lauren Crowell (District of Columbia)

Bowen, Jennifer A. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Kisor, Colin A. (District of Columbia)

Mercado-Santana, Victor M. (District of Columbia)

Peachey, William Charles (District of Columbia)

Sampat, Dhruman Y. (District of Columbia)

Shinners, Katherine J. (District of Columbia)

Smith, Katherine Ann (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

Other Attorney(s)

Herrington, Robert J. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

July 2, 2020 Docket
1

Complaint for Injunctive and Declaratory Relief

Dec. 19, 2013 Complaint
31

Order Granting Plaintiffs' Motion for Class Certification

300 F.R.D. 628, 2014 WL 1493846

April 16, 2014 Order/Opinion
40

Stipulation and Order re. Notice and Access to Class

June 4, 2014 Order/Opinion
99

First Supplemental Complaint for Injunctive and Declaratory Relief

Lyon v. United States Immigration and Customs Enforcement

Aug. 27, 2015 Complaint
167

Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment; and Denying Plaintiffs' Motion for Summary Judgment

171 F.Supp.3d 961

March 18, 2016 Order/Opinion
262-2

Settlement Agreement and Release

June 13, 2016 Settlement Agreement
262

Unopposed Notice of Motion and Motion for (1) Preliminary Approval of Class Action Settlement (2) Order Directing Notice to the Class and (3) Order Scheduling a Fairness Hearing

June 13, 2016 Pleading / Motion / Brief
286

Order for Final Approval of Class Action Settlement Agreement

Nov. 18, 2016 Order/Opinion
287

Order Approving Award of Attorneys' Fees

Lyon v. U.S. Immigrations and Customs Enforcement

Nov. 18, 2016 Order/Opinion

Resources

Title Description External URL

Lyon v. ICE (Telephone Access for Immigration Detainees)

ACLU of Northern California

Approximately 34,000 immigrants are held in the U.S. Immigration and Customs Enforcement agency’s (ICE) facilities on a daily basis, with roughly 500 to 600 of these immigrants held in northern Calif… April 23, 2019 https://www.aclunc.org/our-work/legal-docket/lyon-v-ice-telephone-access-immigration-detainees

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5959620/lyon-v-us-immigration-and-customs-enforcement/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT for Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 400, receipt number 0971-8242737.). Filed byAudley Barrington Lyon, Jr, Edgar Cornelio, Lourdes Hernandez-Trujillo, Jose Elizandro Astorga-Cervantes. (Attachments: # 1 Civil Cover Sheet)(Varian, Robert) (Filed on 12/19/2013) (Entered: 12/19/2013)

Dec. 19, 2013 Clearinghouse
2

Proposed Summons. (Varian, Robert) (Filed on 12/19/2013) (Entered: 12/19/2013)

Dec. 19, 2013 PACER
3

Case assigned to Magistrate Judge Paul Singh Grewal. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ha, COURT STAFF) (Filed on 12/19/2013) (Entered: 12/19/2013)

Dec. 19, 2013 PACER
4

Summons Issued as to Timothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General, Summons Issued as to Timothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (cv, COURT STAFF) (Filed on 12/19/2013) (Entered: 12/19/2013)

Dec. 19, 2013 PACER
5

Notice of Assignment of Prisoner Case to Magistrate Judge (cv, COURT STAFF) (Filed on 12/19/2013) (Entered: 12/19/2013)

Dec. 19, 2013 PACER
6

CERTIFICATE OF SERVICE by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr re 4 Summons Issued as to USA,,, 2 Proposed Summons, 1 Complaint, Complaint for Injunctive and Declaratory Relief (Varian, Robert) (Filed on 12/23/2013) (Entered: 12/23/2013)

Dec. 23, 2013 PACER
7

CERTIFICATE OF SERVICE by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr re 4 Summons Issued as to USA,,, 1 Complaint, 3 Case Assigned by Intake,,, (Varian, Robert) (Filed on 12/26/2013) (Entered: 12/26/2013)

Dec. 26, 2013 PACER
8

Certificate of Interested Entities by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr re 4 Summons Issued as to USA,,, 1 Complaint, (Varian, Robert) (Filed on 12/30/2013) (Entered: 12/30/2013)

Dec. 30, 2013 PACER
9

CERTIFICATE OF SERVICE by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr re 4 Summons Issued as to USA,,, 1 Complaint, 8 Certificate of Interested Entities (Varian, Robert) (Filed on 12/31/2013) (Entered: 12/31/2013)

Dec. 31, 2013 PACER
10

NOTICE of Appearance by Julia Harumi Mass, Esq, Jingni (Jenny) Zhao, and Michael T. Risher (Mass, Julia) (Filed on 1/8/2014) (Entered: 01/08/2014)

Jan. 8, 2014 PACER
11

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr.. (Varian, Robert) (Filed on 1/8/2014) (Entered: 01/08/2014)

Jan. 8, 2014 PACER
12

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge: Clerk to reassign case. (ofr, COURT STAFF) (Filed on 1/9/2014) (Entered: 01/09/2014)

Jan. 9, 2014 PACER

***Deadlines terminated. TERMINATING CONSENT/DECLINATION DEADLINE. (ofr, COURT STAFF) (Filed on 1/9/2014)

Jan. 9, 2014 PACER
13

ORDER REASSIGNING CASE. Case reassigned to Judge Edward M. Chen for all further proceedings. Magistrate Judge Paul Singh Grewal no longer assigned to the case. Signed by The Execituve Committee on 1/10/2014. (gmS, ) (Filed on 1/10/2014) (Entered: 01/10/2014)

Jan. 10, 2014 PACER
14

MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. Motion Hearing set for 2/27/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 1/27/2014. Replies due by 2/3/2014. (Attachments: # 1 Declaration Declaration of Todd Scott, # 2 Declaration Declaration of Audley Barrington Lyon, # 3 Declaration Declaration of Jose Astorga-Cervantes, # 4 Declaration Declaration of Egdar Cornelio, # 5 Declaration Declaration of Lourdes Hernandez-Trujillo, # 6 Declaration Declaration of Christina Lee, # 7 Declaration Declaration of Julia Mass, # 8 Declaration Declaration of Marie Vincent, # 9 Certificate/Proof of Service Proof of Service)(Varian, Robert) (Filed on 1/13/2014) (Entered: 01/13/2014)

4

View on RECAP

Jan. 13, 2014 PACER
15

CERTIFICATE OF SERVICE by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr re 14 MOTION for Class Certification NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF (Varian, Robert) (Filed on 1/14/2014) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
16

NOTICE of Appearance by Jennifer A. Bowen (Bowen, Jennifer) (Filed on 1/15/2014) (Entered: 01/15/2014)

Jan. 15, 2014 PACER
17

NOTICE of Appearance by Michael Temple Risher (Risher, Michael) (Filed on 1/15/2014) (Entered: 01/15/2014)

Jan. 15, 2014 PACER
18

NOTICE of Appearance by Jingni Zhao (Zhao, Jingni) (Filed on 1/15/2014) (Entered: 01/15/2014)

Jan. 15, 2014 PACER
19

NOTICE of Appearance by Carl Takei (Takei, Carl) (Filed on 1/23/2014) (Entered: 01/23/2014)

Jan. 23, 2014 PACER
20

STIPULATION WITH PROPOSED ORDER re 14 MOTION for Class Certification re Briefing Schedule and Hearing filed by Timothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Bowen, Jennifer) (Filed on 1/24/2014) (Entered: 01/24/2014)

Jan. 24, 2014 PACER
21

CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 3/27/2014. Case Management Conference set for 4/3/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 1/27/14. (Attachments: # 1 Standing Order)(bpf, COURT STAFF) (Filed on 1/27/2014) (Entered: 01/27/2014)

Jan. 27, 2014 PACER
22

STIPULATION AND ORDER re 20 STIPULATION WITH PROPOSED ORDER re 14 MOTION for Class Certification re Briefing Schedule and Hearing filed by U.S. Department of Homeland Security, John Sandweg, Timothy S. Aitken, U.S. Immigration and Customs Enforcement, Jeh Charles Johnson, Set/Reset Deadlines as to 20 STIPULATION WITH PROPOSED ORDER re 14 MOTION for Class Certification re Briefing Schedule and Hearing, 14 MOTION for Class Certification. Responses due by 2/21/2014. Replies due by 3/7/2014. Motion Hearing set for 4/3/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 1/27/14. (bpf, COURT STAFF) (Filed on 1/27/2014) (Entered: 01/27/2014)

Jan. 27, 2014 RECAP
23

CLERKS NOTICE RESETTING CLASS CERTIFICATION MOTION AND CMC FROM 4/3/14 TO 4/10/14 AT 1:30 P.M., Set/Reset Deadlines as to 14 MOTION for Class Certification. Case Management Statement due by 4/3/2014. Case Management Conference set for 4/10/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 4/10/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE.(bpf, COURT STAFF) (Filed on 2/21/2014) (Entered: 02/21/2014)

Feb. 21, 2014 PACER
24

ANSWER to Complaint byTimothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security. (Bowen, Jennifer) (Filed on 2/21/2014) (Entered: 02/21/2014)

Feb. 21, 2014 PACER
25

RESPONSE (re 14 MOTION for Class Certification ) filed byTimothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security. (Attachments: # 1 Declaration Jennifer A. Bowen, # 2 Declaration Michael Vaughn, # 3 Exhibit Order of Immigration Judge, # 4 Proposed Order)(Bowen, Jennifer) (Filed on 2/21/2014) (Entered: 02/21/2014)

Feb. 21, 2014 PACER
26

NOTICE of Appearance by Katherine Ann Smith (Smith, Katherine) (Filed on 3/6/2014) (Entered: 03/06/2014)

March 6, 2014 PACER
27

REPLY (re 14 MOTION for Class Certification ) MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL filed byJose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. (Varian, Robert) (Filed on 3/7/2014) (Entered: 03/07/2014)

March 7, 2014 PACER
28

REPLY (re 14 MOTION for Class Certification ) [CORRECTED] MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL filed byJose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. (Varian, Robert) (Filed on 3/10/2014) (Entered: 03/10/2014)

March 10, 2014 PACER
29

JOINT CASE MANAGEMENT STATEMENT filed by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. (Varian, Robert) (Filed on 4/3/2014) (Entered: 04/03/2014)

April 3, 2014 PACER
30

Minute Entry: Motion Hearing held on 4/10/2014 before Judge Edward M. Chen (Date Filed: 4/10/2014) re 14 MOTION for Class Certification filed by Audley Barrington Lyon, Jr., Edgar Cornelio, Lourdes Hernandez-Trujillo, Jose Elizandro Astorga-Cervantes. (Court Reporter Joann Bryce.) (bpfS, COURT STAFF) (Date Filed: 4/10/2014) (Entered: 04/10/2014)

April 10, 2014 PACER
31

ORDER by Judge Edward M. Chen granting 14 Plaintiffs' Motion to Certify Class (emclc1, COURT STAFF) (Filed on 4/16/2014) (Entered: 04/16/2014)

April 16, 2014 Clearinghouse

Set Deadlines/Hearings: Case Management Statement due by 5/15/2014. Case Management Conference set for 5/22/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 4/16/2014) Modified on 4/21/2014 (bpf, COURT STAFF).

April 16, 2014 PACER

***Class Action Certified (slhS, COURT STAFF) (Filed on 4/16/2014)

April 16, 2014 PACER

Set/Reset Deadlines: Case Management Statement due by 5/15/2014. (bpf, COURT STAFF) (Filed on 4/21/2014)

April 21, 2014 PACER
32

Letter from ALL PARTIES (JOINT LETTER) . (Varian, Robert) (Filed on 4/24/2014) (Entered: 04/24/2014)

April 24, 2014 PACER
33

ORDER REFERRING CASE to Magistrate JudgDonna M. Ryu for Settlement. Signed by Judge Edward M. Chen on 4/28/14. (bpf, COURT STAFF) (Filed on 4/28/2014) (Entered: 04/28/2014)

April 28, 2014 PACER
34

CLERKS NOTICE resetting Further CMC from 5/22/14 to 7/10/14 at 10:30 a.m. Case Management Statement due by 7/3/2014. Further Case Management Conference set for 7/10/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco. THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (bpf, COURT STAFF) (Filed on 4/28/2014) (Entered: 04/28/2014)

April 28, 2014 PACER

CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement (ahm, COURT STAFF) (Filed on 4/28/2014)

April 28, 2014 PACER

***Set/Clear Flags (ahm, COURT STAFF) (Filed on 4/28/2014)

April 28, 2014 PACER
35

Order Setting Settlement Conference before Magistrate Judge Donna M. Ryu. Settlement Conference set for 6/20/2014 10:00 AM. in Oakland. Signed by Judge Donna M. Ryu on 4/30/2014. (ndr, COURT STAFF) (Filed on 4/30/2014) (Entered: 04/30/2014)

April 30, 2014 PACER
36

MOTION to Continue SETTLEMENT CONFERENCE DATE filed by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. (Attachments: # 1 Proposed Order)(Varian, Robert) (Filed on 5/5/2014) (Entered: 05/05/2014)

May 5, 2014 PACER
37

Order Rescheduling Settlement Conference before Magistrate Judge Donna M. Ryu. Settlement Conference set for 6/17/2014 10:00 AM. Signed by Judge Donna M. Ryu on 5/6/14. (jjoS, COURT STAFF) (Filed on 5/6/2014) (Entered: 05/06/2014)

May 6, 2014 PACER

***Motions terminated: 36 MOTION to Continue SETTLEMENT CONFERENCE DATE filed by Audley Barrington Lyon, Jr., Edgar Cornelio, Lourdes Hernandez-Trujillo, Jose Elizandro Astorga-Cervantes. See #37 (bpf, COURT STAFF) (Filed on 5/14/2014)

May 14, 2014 PACER
38

STIPULATION WITH PROPOSED ORDER Governing Confidential Information Disclosed through Informal Discovery to Support Settlement Discussions & for Facilitating Class Counsel's Access to Class filed by Timothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A - Acknowledgement of Stipulated Protective Order)(Bowen, Jennifer) (Filed on 5/30/2014) (Entered: 05/30/2014)

May 30, 2014 PACER
39

STIPULATION AND ORDER re 38 Governing Confidential Information Disclosed through Informal Discovery to Support Settlement Discussions & for Facilitating Class Counsel's Access to Class filed by U.S. Department of Homeland Security, John Sandweg, Timothy S. Aitken, Jeh Charles Johnson. Signed by Judge Edward M. Chen on 6/3/14. (bpf, COURT STAFF) (Filed on 6/3/2014) (Entered: 06/03/2014)

June 3, 2014 RECAP
40

STIPULATION WITH PROPOSED ORDER RE NOTICE AND ACCESS TO CLASS filed by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. (Attachments: # 1 Exhibit A)(Varian, Robert) (Filed on 6/3/2014) (Entered: 06/03/2014)

June 3, 2014 Clearinghouse
41

STIPULATION AND ORDER re 40 RE NOTICE AND ACCESS TO CLASS filed by Audley Barrington Lyon, Jr., Edgar Cornelio, Lourdes Hernandez-Trujillo, Jose Elizandro Astorga-Cervantes. Signed by Judge Edward M. Chen on 6/4/14. (bpfS, COURT STAFF) (Filed on 6/4/2014) (Entered: 06/04/2014)

June 4, 2014 RECAP
42

First Amended ANSWER to Complaint byTimothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Bowen, Jennifer) (Filed on 6/10/2014) (Entered: 06/10/2014)

June 10, 2014 PACER
43

Minute Entry: Settlement Conference held before Magistrate Judge Ryu (Date Filed: 6/17/2014). (Court Reporter Not Reported.) (nahS, COURT STAFF) (Date Filed: 6/17/2014) (Entered: 06/18/2014)

June 17, 2014 PACER
44

JOINT CASE MANAGEMENT STATEMENT filed by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. (Varian, Robert) (Filed on 7/2/2014) (Entered: 07/02/2014)

July 2, 2014 PACER
45

ORDER SETTING FURTHER SETTLEMENT CONFERENCE: Further Settlement Conference set for 8/15/2014 10:00 AM before Magistrate Judge Donna M. Ryu. Signed by Judge Magistrate Judge Donna M. Ryu on 7/3/14. (ig, COURT STAFF) (Filed on 7/3/2014). (Entered: 07/03/2014)

July 3, 2014 PACER
46

Minute Entry: Further Case Management Conference held on 7/10/2014 before Judge Edward M. Chen (Date Filed: 7/11/2014). Status Report due by 2/5/2015. Status Conference set for 2/12/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. (Recording #FTR 11:49-11:57.) 12-court day bench trial set for 11/16/15 at 8:30 a.m. (bpf, COURT STAFF) (Date Filed: 7/11/2014) (Entered: 07/11/2014)

July 11, 2014 PACER
47

CASE MANAGEMENT SCHEDULING ORDER: 12-day Bench Trial set for 11/16/2015 08:30 AM before Hon. Edward M. Chen. Discovery due by 5/14/2015. Pretrial Conference set for 10/27/2015 02:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Bench Trial set for 11/17/2015 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 11/18/2015 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 11/20/2015 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 11/23/2015 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 11/24/2015 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 11/25/2015 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 11/30/2015 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 12/1/2015 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 12/2/2015 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 12/4/2015 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 12/7/2015 08:30 AM before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 7/11/14. (bpf, COURT STAFF) (Filed on 7/11/2014) (Entered: 07/11/2014)

July 11, 2014 PACER
48

CLERK'S NOTICE: Notice is hereby given that Magistrate Judge Donna M. Ryu will convene a settlement conference call with defense counsel only (Jennifer Bowen and Erik Gantzel) on 8/4/2014 01:30 PM Pacific Time. Counsel shall arrange for a conference call, and shall either provide Judge Ryu with a call-in number or call her at 510-637-1006 once all other participants are on the call. (This is a text only docket entry, there is no document associated with this notice.) (ig, COURT STAFF) (Filed on 7/29/2014) (Entered: 07/29/2014)

July 29, 2014 PACER
49

NOTICE of Change In Counsel by Jingni Zhao (Zhao, Jingni) (Filed on 7/30/2014) (Entered: 07/30/2014)

July 30, 2014 PACER

*** Attorney Jingni Zhao terminated. Re 49 Notice (aaaS, COURT STAFF) (Filed on 7/30/2014)

July 30, 2014 PACER
50

Minute Entry: Further telephonic settlement discussions (August 4-5, 2014). The August 15, 2014 settlement conference shall proceed as scheduled. The parties shall lodge and exchange brief updated settlement statements by August 12, 2014. The parties may lodge updated confidential settlement letters with Judge Ryu, but are not required to do so. (See minutes for more particulars). (FTR Recording Not Recorded.) (ig, COURT STAFF) (Date Filed: 8/5/2014) (Entered: 08/07/2014)

Aug. 5, 2014 PACER
51

NOTICE of Appearance by Christine Melissa Louie (Varian, Robert) (Filed on 8/12/2014) (Entered: 08/12/2014)

Aug. 12, 2014 PACER
52

Minute Entry: Further Settlement Conference HELD before Magistrate Judge Donna M. Ryu. Parties will convene for further settlement discussions on 9/3/2014 09:30 AM at West County Detention Center (Contra Costa County), and on 9/4/2014 10:00 AM (Yuba County Jail) and 02:00 PM (RCCC - Sacramento). (FTR Recording: Not Recorded) (ig, COURT STAFF) (Date Filed: 8/15/2014) (Entered: 08/15/2014)

Aug. 15, 2014 PACER
53

STIPULATION WITH PROPOSED ORDER GOVERNING HIGHLY CONFIDENTIAL INFORMATION DISCLOSED DURING AND RELATED TO SETTLEMENT CONFERENCES TO BE HELD AT THE THREE DETENTION FACILITIES BETWEEN SEPTEMBER 3-4, 2014 filed by Timothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - ACKNOWLEDGMENT OF STIPULATED PROTECTIVE ORDER)(Smith, Katherine) (Filed on 8/28/2014) (Entered: 08/28/2014)

Aug. 28, 2014 PACER
54

STIPULATION WITH PROPOSED ORDER GOVERNING CONFIDENTIAL INFORMATION DISCLOSED IN RESPONSE TO PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND RULE 30(b)(6) NOTICE OF DEPOSITION TO DEFENDANT U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT filed by Timothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - ACKNOWLEDGMENT OF STIPULATED PROTECTIVE ORDER)(Smith, Katherine) (Filed on 8/28/2014) (Entered: 08/28/2014)

Aug. 28, 2014 PACER
55

Minute Entry: Further settlement proceedings held at West County Detention Center (Contra Costa County). (FTR Recording Not Recorded) (ig, COURT STAFF) (Date Filed: 9/3/2014) (Entered: 09/03/2014)

Sept. 3, 2014 PACER
56

ORDER by Judge Edward M. Chen granting as modified 53 Stipulation (emclc1, COURT STAFF) (Filed on 9/4/2014) (Entered: 09/04/2014)

Sept. 4, 2014 PACER
57

ORDER by Judge Edward M. Chen granting as modified 54 Stipulation (emclc1, COURT STAFF) (Filed on 9/4/2014) (Entered: 09/04/2014)

Sept. 4, 2014 PACER
58

Minute Entry: Further settlement proceedings held at Yuba County Jail, Rio Cosumnes Correctional Center (Sacramento County) and ICE Regional Offices (Sacramento). See Civil Conference Minute Order for more particulars. (FTR Recording Not Recorded) (ig, COURT STAFF) (Date Filed: 9/4/2014) (Entered: 09/05/2014)

Sept. 4, 2014 PACER
59

Minute Entry: Further telephonic settlement proceedings held September 30-October 2, 2014 before Magistrate Judge Donna M. Ryu. See minute order for all particulars. (FTR Recording: Not Recorded) (ig, COURT STAFF) (Date Filed: 10/2/2014) (Entered: 10/03/2014)

Oct. 2, 2014 PACER
60

NOTICE of Appearance by Katherine J. Shinners (Shinners, Katherine) (Filed on 11/17/2014) (Entered: 11/17/2014)

Nov. 17, 2014 PACER
61

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Separate telephonic settlement discussions held 12/5/14 and 12/8/14. See minute Order for all particulars. FTR Time: Not Recorded. Attachment Civil Conference Minute Order.(ig, COURT STAFF) (Date Filed: 12/8/2014) (Entered: 12/08/2014)

Dec. 8, 2014 PACER
62

MOTION of Jaya Kasibhatla for leave to appear in Pro Hac Vice (Filing fee $ 305, receipt number 0971-9147055.) filed by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. (Attachments: # 1 Certificate of Good Standing)(Kasibhatla, Jaya) (Filed on 12/16/2014) Modified on 12/17/2014 (slhS, COURT STAFF). (Entered: 12/16/2014)

Dec. 16, 2014 PACER
63

MOTION of David Keenan for leave to appear in Pro Hac Vice (Filing fee $ 305, receipt number 0971-9147124) filed by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. (Attachments: # 1 Certificate of Good Standing)(Keenan, David) (Filed on 12/16/2014) Modified on 12/17/2014 (slhS, COURT STAFF). (Entered: 12/16/2014)

Dec. 16, 2014 PACER
64

ORDER by Judge Edward M. Chen granting 62 Motion for Pro Hac Vice (bpf, COURT STAFF) (Filed on 12/19/2014) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
65

ORDER by Judge Edward M. Chen granting 63 Motion for Pro Hac Vice (bpf, COURT STAFF) (Filed on 12/19/2014) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
66

STIPULATION WITH PROPOSED ORDER Governing Confidential & Highly Confidential Information filed by Timothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - Acknowledgment of Stipulated Protective Order)(Bowen, Jennifer) (Filed on 1/13/2015) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
67

STIPULATION AND ORDER re 66 STIPULATION WITH PROPOSED ORDER Governing Confidential & Highly Confidential Information filed by U.S. Department of Homeland Security, John Sandweg, Timothy S. Aitken, U.S. Immigration and Customs Enforcement, Jeh Charles Johnson. Signed by Judge Edward M. Chen on 1/13/15. (bpf, COURT STAFF) (Filed on 1/13/2015) (Entered: 01/13/2015)

Jan. 13, 2015 RECAP
68

MOTION for leave to appear in Pro Hac Vice Charles J. Ha ( Filing fee $ 305, receipt number 0971-9254591.) filed by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. (Attachments: # 1 Certificate of Good Standing)(Ha, Charles) (Filed on 2/2/2015) (Entered: 02/02/2015)

Feb. 2, 2015 PACER
69

ORDER by Judge Edward M. Chen granting 68 Motion for Pro Hac Vice (Ha) (bpf, COURT STAFF) (Filed on 2/4/2015) (Entered: 02/04/2015)

Feb. 4, 2015 PACER
70

Notice and MOTION for Permission to Withdraw as Counsel for Edgar Cornelio by Julia Harumi Mass, Esq (Attachments: # 1 Declaration of Julia Harumi Mass, # 2 Proposed Order)(Mass, Julia) (Filed on 2/4/2015) Modified on 2/5/2015 (slhS, COURT STAFF). (Entered: 02/04/2015)

Feb. 4, 2015 PACER
71

STIPULATION WITH PROPOSED ORDER of Voluntary Dismissal of Edgar Cornelio filed by Edgar Cornelio. (Mass, Julia) (Filed on 2/4/2015) (Entered: 02/04/2015)

Feb. 4, 2015 PACER
72

CASE MANAGEMENT STATEMENT JOINT filed by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. (Varian, Robert) (Filed on 2/5/2015) (Entered: 02/05/2015)

Feb. 5, 2015 PACER
73

ORDER by Judge Edward M. Chen granting 70 Motion to Withdraw as Attorney for Edgar Cornelio. (bpf, COURT STAFF) (Filed on 2/11/2015) Modified on 2/11/2015 (bpf, COURT STAFF). (Entered: 02/11/2015)

Feb. 11, 2015 PACER
74

STIPULATION AND ORDER re 71 STIPULATION WITH PROPOSED ORDER of Voluntary Dismissal of Edgar Cornelio filed by Edgar Cornelio. Signed by Judge Edward M. Chen on 2/11/15. (bpf, COURT STAFF) (Filed on 2/11/2015) (Entered: 02/11/2015)

Feb. 11, 2015 RECAP
75

Minute Entry for proceedings held before Hon. Edward M. Chen: Status Conference held on 2/12/2015.12 court day bench trial reset from 11/16/15 to 2/1/16 at 8:30 a.m.Court Reporter Name or FTR Time 11:19-11:30. (bpf, COURT STAFF) (Date Filed: 2/13/2015) (Entered: 02/13/2015)

Feb. 13, 2015 PACER
76

CASE MANAGEMENT SCHEDULING ORDER: 12-court day Bench Trial reset from 11/16/15 to for 2/1/2016 08:30 AM before Hon. Edward M. Chen. Discovery due by 7/14/2015. Motion Hearing set for 10/22/2015 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Pretrial Conference set for 1/5/2016 02:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Bench Trial set for 2/2/2016 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 2/3/2016 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 2/5/2016 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 2/8/2016 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 2/9/2016 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 2/10/2016 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 2/12/2016 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 2/16/2016 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 2/17/2016 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 2/19/2016 08:30 AM before Hon. Edward M. Chen. Bench Trial set for 2/22/2016 08:30 AM before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 2/13/15. (bpf, COURT STAFF) (Filed on 2/13/2015) (Entered: 02/13/2015)

Feb. 13, 2015 PACER
77

NOTICE of Appearance by Megan Elaine Sallomi (Sallomi, Megan) (Filed on 2/19/2015) (Entered: 02/19/2015)

Feb. 19, 2015 PACER
78

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: On 3/11/2015 10:00 AM, Plaintiffs' counsel shall contact Judge Ryu to discuss their reaction to Defendants' 2/9/2015 settlement proposal. Judge Ryu will then contact all counsel with a proposed process and schedule for further settlement discussions. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 2/19/2015) (Entered: 02/20/2015)

Feb. 19, 2015 PACER
79

NOTICE AND MOTION FOR PERMISSION TO WITHDRAW THE ACLU-NORTHERN CALIFORNIA, THE ACLU-NATIONAL PRISON PROJECT, AND ORRICK, HERRINGTON & SUTCLIFFE LLP AS COUNSEL FOR LOURDES HERNANDEZ-TRUJILLO by Lourdes Hernandez-Trujillo (Attachments: # 1 Declaration Julia Harumi Mass)(Varian, Robert) (Filed on 3/4/2015) Modified on 3/5/2015 (slhS, COURT STAFF). (Entered: 03/04/2015)

1 Declaration Julia Harumi Mass

View on RECAP

March 4, 2015 RECAP
80

STIPULATION WITH PROPOSED ORDER OF VOLUNTARY DISMISSAL OF LOURDES HERNANDEZ-TRUJILLO PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii) filed by Lourdes Hernandez-Trujillo. (Varian, Robert) (Filed on 3/4/2015) (Entered: 03/04/2015)

March 4, 2015 RECAP
81

ORDER Re 79 80 Motion to Voluntary Dismiss Lourdes Hernandez-Trujillo's Claims and to Withdraw as Counsel. Signed by Judge Edward M. Chen on 3/6/2015. (emcsec, COURT STAFF) (Filed on 3/6/2015) (Entered: 03/06/2015)

March 6, 2015 RECAP
82

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held March 12 and 13, 2015. Matter did not settle. No further discussions anticipated at this time. Parties are invited to contact Judge Ryu for further assistance at any time. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 3/13/2015) (Entered: 03/16/2015)

March 13, 2015 PACER
83

STIPULATION WITH PROPOSED ORDER for Voluntary Dismissal of Lourdes Hernandez-Trujillo filed by Jose Elizandro Astorga-Cervantes, Edgar Cornelio, Lourdes Hernandez-Trujillo, Audley Barrington Lyon, Jr. (Attachments: # 1 Declaration Julia Harumi Mass Declaration)(Mass, Julia) (Filed on 4/6/2015) (Entered: 04/06/2015)

1 Declaration Julia Harumi Mass Declaration

View on RECAP

April 6, 2015 RECAP
84

STIPULATION AND ORDER re 83 STIPULATION WITH PROPOSED ORDER for Voluntary Dismissal of Lourdes Hernandez-Trujillo filed by Audley Barrington Lyon, Jr. et al. Signed by Judge Edward M. Chen on 4/7/15. (bpf, COURT STAFF) (Filed on 4/7/2015) (Entered: 04/07/2015)

April 7, 2015 RECAP
85

NOTICE of Appearance by Brian Christopher Ward (Ward, Brian) (Filed on 5/8/2015) (Entered: 05/08/2015)

May 8, 2015 PACER
86

MOTION for Leave to file a Supplemental Complaint filed by Audley Barrington Lyon, Jr. Motion Hearing set for 7/16/2015 01:30 PM before Edward M. Chen. Responses due by 6/25/2015. Replies due by 7/2/2015. (Attachments: # 1 Declaration Neria-Garcia, # 2 Declaration Julia Mass, # 3 Exhibit Ehx. A First Supplement, # 4 Exhibit Exh. 1 Detainee, # 5 Proposed Order Granting Plaintiff's Motion)(Sallomi, Megan) (Filed on 6/11/2015) Modified on 6/12/2015 (slhS, COURT STAFF). (Entered: 06/11/2015)

June 11, 2015 PACER
87

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 6/12/2015 and 6/18/2015. FTR Time Not recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 6/18/2015) (Entered: 06/19/2015)

June 18, 2015 PACER
88

STIPULATION WITH PROPOSED ORDER Requesting Modification of Discovery and Dispositive Motion Deadlines in First Amended Case Management Order filed by Timothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Shinners, Katherine) (Filed on 6/22/2015) (Entered: 06/22/2015)

June 22, 2015 PACER
89

ORDER by Judge Edward M. Chen granting as modified 88 Stipulation (emclc1, COURT STAFF) (Filed on 6/22/2015) (Entered: 06/22/2015)

June 22, 2015 PACER
90

RESPONSE (re 86 MOTION for Leave to file a Supplemental Complaint ) filed byTimothy S. Aitken, Jeh Charles Johnson, John Sandweg, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Brian C. Ward and Exhibits, # 2 Proposed Order)(Ward, Brian) (Filed on 6/25/2015) (Entered: 06/25/2015)

June 25, 2015 PACER
91

NOTICE of Change In Counsel by Katherine Ann Smith (Smith, Katherine) (Filed on 6/26/2015) (Entered: 06/26/2015)

June 26, 2015 PACER
92

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held 6/30/2015. Defendants anticipate providing further information to Judge Ryu by late July. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 6/30/2015) (Entered: 06/30/2015)

June 30, 2015 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: Dec. 19, 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Four individual plaintiffs in ICE custody at four different facilities in California, and a class of “all current and future adult immigration detainees who are or will be held by ICE in Contra Costa County, Sacramento County, or Yuba County.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National Prison Project

ACLU of Northern California

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $405,000

Order Duration: 2017 - 2022

Content of Injunction:

Implement complaint/dispute resolution process

Recordkeeping

Reporting

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Phone

Discrimination-basis:

Immigration status

Language:

Spanish

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Deportation - procedure

Detention - procedures

Immigration lawyers

National Origin/Ethnicity:

Hispanic