Case: Hernandez v. Lynch [later Sessions]

5:16-cv-00620 | U.S. District Court for the Central District of California

Filed Date: April 6, 2016

Closed Date: March 28, 2022

Clearinghouse coding complete

Case Summary

On April 6, 2016, two noncitizens—a Mexican citizen and an asylum-seeking Honduran national, both detained pending immigration removal hearings—brought this class-action lawsuit in the U.S. District Court for the Central District of California. Represented by private counsel and the ACLU, the plaintiffs sued the Department of Justice (“DOJ”), the Department of Homeland Security (“DHS”), and Immigration and Customs Enforcement (“ICE”). The plaintiffs sought injunctive and declaratory relief, all…

On April 6, 2016, two noncitizens—a Mexican citizen and an asylum-seeking Honduran national, both detained pending immigration removal hearings—brought this class-action lawsuit in the U.S. District Court for the Central District of California. Represented by private counsel and the ACLU, the plaintiffs sued the Department of Justice (“DOJ”), the Department of Homeland Security (“DHS”), and Immigration and Customs Enforcement (“ICE”). The plaintiffs sought injunctive and declaratory relief, alleging violations of 8 U.S.C. § 1226(a) and the Fifth and Eighth Amendments of the U.S. Constitution. Specifically, the plaintiffs alleged that they were kept in detention pending removal proceedings, despite having been granted release on bond after having been found not to pose any significant flight risk or danger to the community, because they could not afford to pay the cash bond.

The plaintiffs’ class-action complaint challenged the federal practice of detaining noncitizens for failure to post cash bond, without considering the noncitizen’s financial resources, or the availability of alternative forms of bond or other conditions of supervision which would enable the detainee’s release. On April 22, 2015, the plaintiffs moved to certify a class of “all individuals detained under 8 U.S.C. § 1226(a), on a bond set by an ICE officer or an Immigration Judge in the Central District of California.”

The case was assigned to District Judge Jesus G. Bernal. On June 10, 2016, the defendants moved to dismiss this case, which the court denied on November 20, 2016. Judge Bernal also granted the plaintiffs’ motion for class certification and issued a class-wide preliminary injunction, finding that the plaintiffs were likely to prevail on the merits of their claim. The preliminary injunction required the defendants to develop and apply guidelines requiring officers and Immigration Judges to take into account a noncitizen detainee’s financial ability to pay a bond, to refrain from setting cash bonds at amounts greater than what was required to ensure appearance, and to consider alternative forms of supervision when determining conditions of release. 2016 WL 7116611 (C.D. Cal. 2016).

On December 12, 2016, the defendants appealed the District Court’s preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit. On the same day, the defendants moved ex parte to stay proceedings related to the preliminary injunction pending resolution of the appeal. On Dec. 28, 2016, Judge Bernal denied the motion to stay. On Jan. 4, 2017, however, the Ninth Circuit granted the defendants’ motion to stay the District Court’s order pending appeal.

The defendants then filed their opening brief in the Ninth Circuit on Feb. 1, 2017. They argued that the District Court had erred in issuing the preliminary injunction because federal courts lacked jurisdiction (under federal statutes and because the plaintiffs had not exhausted administrative remedies); because the plaintiffs' statutory and constitutional claims were unlikely to succeed (because ability to pay is not a primary factor in determining bond); and because current bond determination proceedings did not violate noncitizens' constitutional rights (because they received full and fair hearings, and because the primary purpose of bond was to ensure that the noncitizen had an incentive to appear at future removal proceedings rather than abscond).

In March 2017, retired Board of Immigration Appeals members, Immigration Judges, the American Bar Association, and other organizations filed amicus briefs on behalf of the plaintiffs in the Ninth Circuit.

On June 30, 2017, the district court denied the defendants' motion to dismiss, and consolidated this case with another, Marvin Rodriguez Aroche v. Jason Park, No. 8:17-cv-00367 (C.D. Cal. Mar. 1, 2017).

The Ninth Circuit held oral argument on July 11, 2017 and issued a decision on Oct. 2, 2017, affirming the district court’s class-wide preliminary injunction. 872 F.3d 976 (9th Cir. 2017). Circuit Judges Stephen Reinhardt, Ferdinand F. Fernandez, and Kim McLane Wardlaw heard the case.

In an opinion by Judge Reinhardt, the Ninth Circuit found that the district court did not abuse its discretion by requiring immigration officials making bond decisions to consider detainees' financial ability to obtain bond and alternative conditions of release. The plaintiffs were likely to succeed on the merits of their Fifth Amendment Due Process claim because "[s]etting a bond amount without considering financial circumstances or alternative conditions of release undermines the connection between the bond and the legitimate purpose of ensuring the non-citizen’s presence at future hearings." The plaintiffs had established a likelihood of irreparable harm because "they are likely to be unconstitutionally detained for an indeterminate period of time." Finally, the balance of equities and the public interest favored the plaintiffs because "any additional administrative costs to the government are far outweighed by the considerable harm to Plaintiffs’ constitutional rights in the absence of the injunction" and because "[t]he public interest benefits from an injunction that ensures that individuals are not deprived of their liberty and held in immigration detention because of bonds established by a likely unconstitutional process."

The Ninth Circuit also lifted the stay of the district court’s preliminary injunction pending appeal.

In the district court on November 21, 2017, Judge Bernal approved the parties' joint stipulation for an extension of time to implement the part of his November 10, 2016 order granting a class-wide preliminary injunction. The defendants were required to update the plaintiffs by February 16, 2018 about their progress in meeting the injunction requirements.

On December 1, 2017, Magistrate Judge Kenly Kato granted the plaintiffs' motion to compel production of documents and to obtain fees. 2017 U.S. Dist. LEXIS 198255 (C.D. Cal. 2017). On Jan. 3, 2018, Magistrate Judge Kato granted $22,820 in fees. The parties engaged in extensive discovery over the next year.

On May 16, 2019, the parties jointly requested the district court to refer the case for a settlement conference. Judge Bernal granted the request on May 21 and referred the case to Magistrate Judge Laurel Beeler.

The court dealt with scheduling issues and discovery disputes throughout 2019.

On October 25, 2021, the parties jointly moved for preliminary approval of a settlement agreement. The proposed agreement defined a settlement class of “individuals who are or will be detained pursuant to 8 U.S.C. § 1226(a) on a bond set by an ICE officer or immigration judge in the Central District of California.” The agreement also set forth procedures for determining bond and conditions of release, as well as conducting custody determinations, redeterminations, and appeals of those determinations. The parties also agreed to seek court approval of an attorneys’ fees award. 

The court preliminarily approved the class action settlement on January 24, 2022.

On March 14, 2022 the plaintiffs moved for attorneys’ fees and both parties jointly moved for final approval of the settlement agreement.

The court entered judgment for the plaintiffs on March 28, 2022 and ordered the defendants to pay the plaintiffs’ counsel $1.6 million in attorneys’ fees and $148,975.72 in costs. The case is now closed.

Summary Authors

Nicholas Hazen (1/23/2017)

Ava Morgenstern (1/9/2018)

Sam Kulhanek (3/28/2020)

Sophia Acker (1/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6153391/parties/xochitl-hernandez-v-loretta-lynch/


Judge(s)
Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Attorney for Defendant

Amundson, Susan C. (California)

Andrade, Jessica (California)

Andrapalliyal, Vinita (California)

Expert/Monitor/Master/Other

Anderson, Gary L. (California)

Attorney for Defendant

Amundson, Susan C. (California)

Andrade, Jessica (California)

Andrapalliyal, Vinita (California)

Asher, Ruchi V. (California)

Bacchus, Renee A. (California)

Barnard, Ozlem B (District of Columbia)

Bennett, Michelle R (California)

Bennett, Richard Wesley (California)

Berwick, Benjamin Leon (California)

Bettwy, Samuel William (California)

Bingham, Lauren C. (California)

Bressler, Steven Yale (California)

Brunner, Helen J (California)

Counsel, Bureau of (California)

Crump, Martin Daniel (California)

CV, U S (California)

Darrow, Joseph A. (California)

Davila, Yamileth G. (District of Columbia)

Dunn, Scott (California)

Evans, Walter Manning (California)

Farby, Lesley (California)

Free, Ayana Niambi (California)

Fresco, Leon (California)

Gray, Kathryne Marie (California)

Gunter, Elizabeth Marie (California)

Han, Andrew (California)

Hardy, Joseph D. Jr. (District of Columbia)

Harrell, S Frank (California)

Harwood, Ann Elizabeth (California)

Healy, Christopher Robert (California)

Heiman, Julia Alexandra (California)

Hemesath, Audrey Benison (California)

Johnson, Lisa Hammond (California)

Jones, Lawrence L. (California)

Jr, Joseph D (California)

Keefe, Kerry Jane (California)

Kennerly, Max (California)

Kish, Ronald W. (California)

Kisor, Colin A (California)

Kneedler, Jennie L. (California)

Lipari, Vincent (California)

Lonegan, Bryan Keith (California)

Mailloux, Matthew (California)

McLean, Margaret Elizabeth (California)

Mihai, Alexandru Dan (California)

Miller, Steven C. (California)

Miller, Peter Andrew (California)

Molinari, Gioconda R. (California)

Moran, Courtney Elizabeth (District of Columbia)

Moussa, Zaynah N (California)

Murley, Nicole N. (California)

Ott, Christopher Allen (California)

Parascandola, Christina B (California)

Pauli, Diana L (California)

Pejeau, Elizabeth Anne (California)

Perez, Elianis N (California)

Platt, Steven (District of Columbia)

Pratt, Sherease Rosalyn (District of Columbia)

Reddy, Kirti Vaidya (California)

Reuveni, Erez (California)

Riper, Marianne Van (California)

Roberts, Lindsy Michele (California)

Robinson-Gaither, Eleanor A (California)

Rockstad, Trevor Bruce (California)

Ross, Katherine Ann (California)

Rossini, Laura A. (California)

Sampat, Dhruman Y. (District of Columbia)

Scharf, James A. (California)

Shinners, Katherine J. (District of Columbia)

Sichi, Elizabeth K (California)

Silvis, William Charles (California)

Sneed, Sekret Tamara (California)

Snell, Kevin (California)

Soskin, Eric (California)

Sprenger, Christina M (California)

Stewart, Brandi Michelle (California)

Swinton, Nathan Michael (California)

Taylor, Margaret Kuehne (California)

Unit, US Attorney's (California)

Vick, Lindsay M (District of Columbia)

Walker, Cristina (California)

Walker, Elizabeth Lee (California)

Walsh, Nicole (California)

Ward, Brian Christopher (District of Columbia)

Waterman, Brandon Matthew (California)

Weida, Jason C. (California)

Welsh, Blaine T (California)

Westwater, Gisela Ann (District of Columbia)

Wetzler, Lauren A. (California)

White, April D. (California)

Wilson, Sarah S. (California)

Yates, Christopher Robert (California)

Yoo, Donald Wayne (California)

Zack, Adrienne (District of Columbia)

Zee, M. Andrew (California)

Zee, Michael Andrew (California)

Expert/Monitor/Master/Other

Anderson, Gary L. (California)

Barnard, Thomas H (California)

Beckenhauer, Eric B (California)

Bigelow, Jason M. (California)

Blumenfield, Chad A (California)

Bocchini, Walter (California)

Buchanan, Patricia L. (California)

Cargo, Shane Patrick (California)

Chicago, AUSA - (California)

Cohen, Bradley Heath (California)

Connolly, Christopher Kendrick (California)

Daeubler, Kirsten (California)

Defoe, Craig Andrew (California)

Fabian, Sarah B. (California)

Fishman, Dillon (California)

Forsyth, Kyle A. (California)

Freeny, Kyle Renee (California)

Gilligan, James J (California)

Girdharry, Glenn M. (California)

Goldman, Adam Laurence (California)

Greene, Sean P. (California)

Guzman, Gladys M. (California)

Habeas, US Attorney (California)

Hartnett, Kathleen R (California)

Helvey, Kimberly E. (California)

Hendry, Melanie Dyani (California)

Hollis, Christopher W (California)

Hu, Daniel David (California)

Ikari, Carolyn Aiko (California)

Inkeles, John (California)

Juarez, Anna Emily (California)

Kenney, Devin Thomas (California)

Kirschner, Adam David (California)

Kurlan, Elizabeth D. (California)

Lee, Paul L. (California)

Leontiev, Lisa (California)

Liggett, Troy (California)

Loucks, Allen F (California)

Maloney, Sarah (California)

Mehta, Jason Paul (California)

Morehead, Sarah K (California)

Nazarov, Ari (California)

Newton, Emily Sue (California)

Ortega, Roberto D (California)

Oswald, Craig Arthur (California)

Prime, Caroline Clark (California)

(Ret.), Rosalyn Chapman (California)

Ricketts, Jennifer D (California)

Robins, Jeffrey S (California)

Saltman, Julie Shana (California)

Samford, Barclay Thomas (California)

Schwei, Daniel Stephen (California)

Shugert, Shawn Derek (California)

Silverman, Matthew (California)

Singh, Rukhsanah L. (California)

Stevens, Elizabeth Joanne (California)

Stoltz-DOJ, Brian Walters (California)

Tyler, John R (California)

Voss, Ana H (California)

Vuong, Sarah Lake (California)

Warwick, Lisa T (California)

Weintraub, J. Max (California)

Wilhelm, D Gerald (California)

Wisecup, Jason (California)

Wyer, Kathryn L (California)

show all people

Documents in the Clearinghouse

Document

5:16-cv-00620

Docket [PACER]

Hernandez v. Lynch

Nov. 19, 2019

Nov. 19, 2019

Docket
1

5:16-cv-00620

Complaint - Class Action

Hernandez v. Lynch

April 6, 2016

April 6, 2016

Complaint
84

5:16-cv-00620

Order: (1) DENYING Defendants’ Motion to Dismiss (Dkt. No. 59); (2) GRANTING Plaintiffs’ Motion for Class Certification (Dkt. No. 24); and (3) GRANTING Plaintiffs’ Motion for Preliminary Injunction (Dkt. No. 45) (IN CHAMBERS)

Hernandez v. Lynch

Nov. 10, 2016

Nov. 10, 2016

Order/Opinion

2016 WL 2016

85

5:16-cv-00620

Order Granting Plaintiffs-Petitioners' Motion For Class-Wide Preliminary Injunction

Hernandez v. Lynch

Nov. 10, 2016

Nov. 10, 2016

Order/Opinion

2016 WL 2016

94

16-56829

Order Granting Motion to Stay District Court's Order Pending Appeal

Hernandez v. Lynch

U.S. Court of Appeals for the Ninth Circuit

Jan. 4, 2017

Jan. 4, 2017

Order/Opinion
BL-71

16-56829

Opinion

Hernandez v. Sessions

U.S. Court of Appeals for the Ninth Circuit

Oct. 2, 2017

Oct. 2, 2017

Order/Opinion

872 F.3d 872

127

5:16-cv-00620

Order Approving Joint Stipulation to Extend Timetable to Implement the Court's November 10, 2016 Order

Hernandez v. Sessions

Nov. 21, 2017

Nov. 21, 2017

Order/Opinion
129

5:16-cv-00620

Order Granting Plaintiffs’ Motion to Compel [Dkt. 122] and Vacating the December 7, 2017 Hearing

Hernandez v. Sessions

Dec. 1, 2017

Dec. 1, 2017

Order/Opinion

2017 WL 2017

150

5:16-cv-00620

Order Awarding Plaintiffs' Reasonable Attorney's Fees and Costs Re: Plaintiffs' Motion to Compel

Hernandez v. Lynch

Jan. 3, 2018

Jan. 3, 2018

Order/Opinion

2018 WL 2018

357-1

5:16-cv-00620

Memorandum of Points and Authorities in Support of Joint Motion for Preliminary Approval of Settlement Agreement

Oct. 25, 2021

Oct. 25, 2021

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6153391/xochitl-hernandez-v-loretta-lynch/

Last updated March 19, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: 0973-17596015 - Fee: $400, filed by Plaintiffs-Petitioners Cesar Matias, Xochitl Hernandez. (Attorney Michael Bryan Kaufman added to party Xochitl Hernandez(pty:pla), Attorney Michael Bryan Kaufman added to party Cesar Matias(pty:pla))(Kaufman, Michael) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

Clearinghouse
2

CIVIL COVER SHEET filed by Plaintiffs Xochitl Hernandez, Cesar Matias. (Kaufman, Michael) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
3

NOTICE of Interested Parties filed by Plaintiffs-Petitioners Xochitl Hernandez, Cesar Matias, identifying all Plaintiffs and Defendants. (Kaufman, Michael) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
4

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs-Petitioners Xochitl Hernandez, Cesar Matias. (Kaufman, Michael) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
5

NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (et) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
6

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
7

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Michael Tan for Plaintiffs Xochitl Hernandez, Cesar Matias. re Complaint (Attorney Civil Case Opening) 1 . Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
8

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Judy Rabinovitz for Plaintiffs Xochitl Hernandez, Cesar Matias. re Complaint (Attorney Civil Case Opening) 1 . Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
9

NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
10

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs-Petitioners Xochitl Hernandez, Cesar Matias. (Kaufman, Michael) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
11

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (mrgo) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
12

APPLICATION for attorney Judy Rabinovitz to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17633304 paid.) filed by Plaintiffs-Petitioners Xochitl Hernandez, Cesar Matias. (Attachments: # 1 Proposed Order) (Kaufman, Michael) (Entered: 04/12/2016)

1 Proposed Order

View on PACER

April 12, 2016

April 12, 2016

PACER
13

APPLICATION for attorney Michael Tan to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17633378 paid.) filed by Plaintiffs-Petitioners Xochitl Hernandez, Cesar Matias. (Attachments: # 1 Proposed Order) (Kaufman, Michael) (Entered: 04/12/2016)

1 Proposed Order

View on PACER

April 12, 2016

April 12, 2016

PACER
14

ORDER by Judge Jesus G. Bernal: granting 12 APPLICATION to Appear Pro Hac Vice by Attorney Judy Rabinovitz on behalf of Plaintiffs, Xochitl Hernandez and Cesar Matias, designating Michael Kaufman as local counsel. (iva) (Entered: 04/15/2016)

April 14, 2016

April 14, 2016

PACER
15

ORDER by Judge Jesus G. Bernal: granting 13 APPLICATION to Appear Pro Hac Vice by Attorney Michael K.T. Tan on behalf of Plaintiffs, Xochitl Hernandez and Cesar Matias, designating Michael Kaufman as local counsel. (iva) (Entered: 04/15/2016)

April 14, 2016

April 14, 2016

PACER
16

STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
17

Notice of Appearance or Withdrawal of Counsel: for attorney Douglas Allen Smith counsel for Plaintiff Xochitl Hernandez. Adding Matthew E. Sloan as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiff XOCHITL HERNANDEZ et al.. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
18

NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas Allen Smith counsel for Plaintiff Xochitl Hernandez. Changing Firm Name to Skadden, Arps, Slate, Meagher & Flom LLP. Changing email to Doug.Smith@skadden.com. Filed by Plainitff XOCHITL HERNANDEZ et al.. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
19

NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas Allen Smith counsel for Plaintiff Xochitl Hernandez. Changing Firm Name to Skadden, Arps, Slate, Meagher & Flom LLP. Changing email to Douglas.Smith@skadden.com. Filed by Plaintiff XOCHITL HERNANDEZ et al.. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
20

NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas Allen Smith counsel for Plaintiff Xochitl Hernandez. Changing Firm Name to Skadden, Arps, Slate, Meagher & Flom LLP. Changing e-mail to Winston.Hsiao@skadden.com. Filed by Plaintiff XOCHITL HERNANDEZ et al.. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
21

NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas Allen Smith counsel for Plaintiff Xochitl Hernandez. Changing Firm Name to Skadden, Arps, Slate, Meagher & Flom LLP. Changing e-mail to Grayce.Frink@skadden.com. Filed by Plaintiff Xochitl Hernandez et al.. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
22

NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas Allen Smith counsel for Plaintiff Xochitl Hernandez. Changing Firm Name to Skadden, Arps, Slate, Meagher & Flom LLP. Changing e-mail to Devon.Hein@skadden.com. Filed by Plaintiff Xochitl Hernandez et al.. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
23

NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas Allen Smith counsel for Plaintiff Xochitl Hernandez. Changing Firm Name to Skadden, Arps, Slate, Meagher & Flom LLP. Changing e-mail to Matthew.Delgado@skadden.com. Filed by Plaintiff Xochitl Hernandez et al.. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
24

NOTICE OF MOTION AND MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23, Memorandum of Points and Authorities filed by Plaintiffs Xochitl Hernandez, Cesar Matias. Motion set for hearing on 6/27/2016 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Declaration of Michael Tan, # 2 Declaration of Lauren Esterle, # 3 Declaration of Talia Inlender, # 4 Declaration of Michael Kaufman, # 5 Declaration of Matthew Sloan, # 6 Declaration of Xochitl Hernandez, # 7 Declaration of Cesar Amilcar Matias Menjivar, # 8 Proposed Order) (Smith, Douglas) (Entered: 04/22/2016)

1 Declaration of Michael Tan

View on PACER

2 Declaration of Lauren Esterle

View on PACER

3 Declaration of Talia Inlender

View on PACER

4 Declaration of Michael Kaufman

View on PACER

5 Declaration of Matthew Sloan

View on PACER

6 Declaration of Xochitl Hernandez

View on PACER

7 Declaration of Cesar Amilcar Matias Menjivar

View on PACER

8 Proposed Order

View on PACER

April 22, 2016

April 22, 2016

PACER
25

Notice of Appearance or Withdrawal of Counsel: for attorney Douglas Allen Smith counsel for Plaintiff Cesar Matias. Adding Matthew E. Sloan as counsel of record for Cesar Matias for the reason indicated in the G-123 Notice. Filed by Plaintiff Cesar Matias. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
26

NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas Allen Smith counsel for Plaintiff Cesar Matias. Changing Firm Name to Skadden, Arps, Slate, Meagher & Flom LLP. Changing e-mail to Douglas.Smith@skadden.com. Filed by Plaintiff Cesar Matias. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
27

NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas Allen Smith counsel for Plaintiff Cesar Matias. Changing Firm Name to Skadden, Arps, Slate, Meagher & Flom LLP. Changing e-mail to Winston.Hsiao@skadden.com. Filed by Plaintiff Cesar Matias. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
28

NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas Allen Smith counsel for Plaintiff Cesar Matias. Changing Firm Name to Skadden, Arps, Slate, Meagher & Flom LLP. Changing e-mail to Grayce.Frink@skadden.com. Filed by Plaintiff Cesar Matias. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
29

NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas Allen Smith counsel for Plaintiff Cesar Matias. Changing Firm Name to Skadden, Arps, Slate, Meagher & Flom LLP. Changing e-mail to Devon.Hein@skadden.com. Filed by Plaintiff Cesar Matias. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
30

NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas Allen Smith counsel for Plaintiff Cesar Matias. Changing Firm Name to Skadden, Arps, Slate, Meagher & Flom LLP. Changing e-mail to Matthew.Delgado@skadden.com. Filed by Plaintiff Cesar Matias. (Smith, Douglas) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
31

PROOF OF SERVICE filed by Plaintiff Xochitl Hernandez, Cesar Matias, re Notice of Appearance or Withdrawal of Counsel (G-123), 25, Notice of Change of Attorney Business or Contact Information (G-06), 20, Notice of Change of Attorney Business or Contact Information (G-06), 27, Notice of Change of Attorney Business or Contact Information (G-06), 29, Notice of Change of Attorney Business or Contact Information (G-06), 26, NOTICE OF MOTION AND MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23, Memorandum of Points and Authorities 24, Notice of Change of Attorney Business or Contact Information (G-06), 28, Notice of Change of Attorney Business or Contact Information (G-06), 23, Notice of Change of Attorney Business or Contact Information (G-06), 22, Notice of Appearance or Withdrawal of Counsel (G-123), 17, Notice of Change of Attorney Business or Contact Information (G-06), 30, Notice of Change of Attorney Business or Contact Information (G-06), 21, Notice of Change of Attorney Business or Contact Information (G-06), 19 served on 4/25/2016. (Smith, Douglas) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
32

NOTICE of Appearance filed by attorney Sherease Rosalyn Pratt on behalf of Defendants James Janecka, David Jennings, Jeh Johnson, Loretta Lynch, Juan P Osuna, Sarah Saldana (Attorney Sherease Rosalyn Pratt added to party James Janecka(pty:dft), Attorney Sherease Rosalyn Pratt added to party David Jennings(pty:dft), Attorney Sherease Rosalyn Pratt added to party Jeh Johnson(pty:dft), Attorney Sherease Rosalyn Pratt added to party Loretta Lynch(pty:dft), Attorney Sherease Rosalyn Pratt added to party Juan P Osuna(pty:dft), Attorney Sherease Rosalyn Pratt added to party Sarah Saldana(pty:dft))(Pratt, Sherease) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
33

NOTICE OF ERRATA filed by Plaintiffs Xochitl Hernandez, Cesar Matias. correcting NOTICE OF MOTION AND MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23, Memorandum of Points and Authorities 24 correcting DECLARATION OF XOCHITL HERNANDEZ IN SUPPORT OF PLAINTIFFS-PETITIONERS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23 (ECF No. 24-6) (Smith, Douglas) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
34

DECLARATION of Xochitl Hernandez in support of NOTICE OF MOTION AND MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23, Memorandum of Points and Authorities 24 CORRECTED DECLARATION OF XOCHITL HERNANDEZ filed by Plaintiffs Xochitl Hernandez, Cesar Matias. (Smith, Douglas) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
35

PROOF OF SERVICE filed by Plaintiff Xochitl Hernandez, Cesar Matias, re Errata, 33, Declaration (Motion related), 34 CORRECTED DECLARATION OF XOCHITL HERNANDEZ served on 4/27/2016. (Smith, Douglas) (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

PACER
36

CERTIFICATE OF SERVICE filed by Federal Defendants James Janecka, David Jennings, Jeh Johnson, Loretta Lynch, Juan P Osuna, Sarah Saldana, re Notice of Appearance,, 32 on non-federal defendants by mail served on 04/27/2016. (Pratt, Sherease) (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

PACER
37

NOTICE of Appearance filed by attorney Adrienne Zack on behalf of Defendants James Janecka, David Jennings, Jeh Johnson, Loretta Lynch, Juan P Osuna, Sarah Saldana (Attorney Adrienne Zack added to party James Janecka(pty:dft), Attorney Adrienne Zack added to party David Jennings(pty:dft), Attorney Adrienne Zack added to party Jeh Johnson(pty:dft), Attorney Adrienne Zack added to party Loretta Lynch(pty:dft), Attorney Adrienne Zack added to party Juan P Osuna(pty:dft), Attorney Adrienne Zack added to party Sarah Saldana(pty:dft))(Zack, Adrienne) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
38

NOTICE of Appearance filed by attorney Joseph D Hardy, Jr on behalf of Defendants James Janecka, David Jennings, Jeh Johnson, Loretta Lynch, Juan P Osuna, Sarah Saldana (Attorney Joseph D Hardy, Jr added to party James Janecka(pty:dft), Attorney Joseph D Hardy, Jr added to party David Jennings(pty:dft), Attorney Joseph D Hardy, Jr added to party Jeh Johnson(pty:dft), Attorney Joseph D Hardy, Jr added to party Loretta Lynch(pty:dft), Attorney Joseph D Hardy, Jr added to party Juan P Osuna(pty:dft), Attorney Joseph D Hardy, Jr added to party Sarah Saldana(pty:dft))(Hardy, Joseph) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
39

Notice of Appearance or Withdrawal of Counsel: for attorney Steven C Miller counsel for Defendants Jon Briggs, Sandra Hutchens. Adding Steven C. Miller as counsel of record for Sandra Hutchens, Orange County Sheriff; Jon Briggs, Captain, Orange County Sheriff's Department for the reason indicated in the G-123 Notice. Filed by Defendants Sandra Hutchens, Jon Briggs. (Attorney Steven C Miller added to party Jon Briggs(pty:dft), Attorney Steven C Miller added to party Sandra Hutchens(pty:dft))(Miller, Steven) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
40

STIPULATION Extending Time to Answer the complaint as to Christina Holland answer now due 6/9/2016; Carlos Roja answer now due 6/9/2016, filed by Defendant Christina Holland; Carlos Roja.(Attorney Laura A Rossini added to party Christina Holland(pty:dft), Attorney Laura A Rossini added to party Carlos Roja(pty:dft))(Rossini, Laura) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
41

CERTIFICATE of Interested Parties filed by Defendant Christina Holland, Carlos Roja, (Rossini, Laura) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
42

Notice of Appearance or Withdrawal of Counsel: for attorney Laura A Rossini counsel for Defendants Christina Holland, Carlos Roja. Adding Laura A. Rossini as counsel of record for Christina Holland, Carlos Rojas for the reason indicated in the G-123 Notice. Filed by Defendant Christina Holland, Carlos Rojas. (Rossini, Laura) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
43

STIPULATION Extending Time to Answer the complaint as to Xochitl Hernandez answer now due 6/20/2016; Cesar Matias answer now due 6/20/2016, re Complaint (Attorney Civil Case Opening), 1 filed by Defendants Jon Briggs; Sandra Hutchens.(Miller, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
44

CERTIFICATE of Interested Parties filed by Defendants Jon Briggs, Sandra Hutchens, identifying Orange County Sheriff's Department. (Miller, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
45

NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion filed by Plaintiffs Xochitl Hernandez, Cesar Matias. Motion set for hearing on 6/27/2016 at 09:30 AM before Judge Jesus G. Bernal. (Attachments: # 1 Declaration of A. Warren, # 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 Proposed Order) (Smith, Douglas) (Entered: 05/19/2016)

1 Declaration of A. Warren

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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 Proposed Order

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May 19, 2016

May 19, 2016

PACER
46

Proof of Service of Complaint & Corresponding Documents on all Defendants filed by Plaintiffs Xochitl Hernandez, Cesar Matias (Attachments: # 1 Exhibits 1-12, # 2 Proof of Service)(Kaufman, Michael) (Entered: 05/20/2016)

1 Exhibits 1-12

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2 Proof of Service

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May 20, 2016

May 20, 2016

PACER
47

REQUEST TO SUBSTITUTE ATTORNEY Sherease R. Pratt in place of attorney Laura A. Rossini filed by Defendant Christina Holland. (Attorney Sherease Rosalyn Pratt added to party Christina Holland(pty:dft)) (Pratt, Sherease) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
48

REQUEST TO SUBSTITUTE ATTORNEY Sherease R. Pratt in place of attorney Laura A. Rossini filed by Defendant Carlos Roja. (Attorney Sherease Rosalyn Pratt added to party Carlos Roja(pty:dft)) (Pratt, Sherease) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
49

CERTIFICATE OF SERVICE filed by defendants Christina Holland, Carlos Roja, re REQUEST TO SUBSTITUTE ATTORNEY Sherease R. Pratt in place of attorney Laura A. Rossini 47, REQUEST TO SUBSTITUTE ATTORNEY Sherease R. Pratt in place of attorney Laura A. Rossini 48 served on June 2, 2016. (Pratt, Sherease) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
50

Notice of Appearance or Withdrawal of Counsel: for attorney Sherease Rosalyn Pratt counsel for Defendants Jon Briggs, Sandra Hutchens. Adding Sherease R. Pratt as counsel of record for Jon Briggs and Sandra Hutchens for the reason indicated in the G-123 Notice. Filed by Defendants Jon Briggs and Sandra Hutchens. (Attorney Sherease Rosalyn Pratt added to party Jon Briggs(pty:dft), Attorney Sherease Rosalyn Pratt added to party Sandra Hutchens(pty:dft))(Pratt, Sherease) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
51

Notice of Appearance or Withdrawal of Counsel: for attorney Adrienne Zack counsel for Defendants Jon Briggs, Christina Holland, Sandra Hutchens, Carlos Roja. Adding Adrienne Zack as counsel of record for Christina Holland, Carlos Rojas, Jon Briggs, and Sandra Hutchens for the reason indicated in the G-123 Notice. Filed by Defendants Christina Holland, Carlos Rojas, Jon Briggs, Sandra Hutchens. (Attorney Adrienne Zack added to party Jon Briggs(pty:dft), Attorney Adrienne Zack added to party Christina Holland(pty:dft), Attorney Adrienne Zack added to party Sandra Hutchens(pty:dft), Attorney Adrienne Zack added to party Carlos Roja(pty:dft))(Zack, Adrienne) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
52

Notice of Appearance or Withdrawal of Counsel: for attorney Joseph D Hardy, Jr counsel for Defendants Jon Briggs, Christina Holland, Sandra Hutchens, Carlos Roja. Adding Joseph D. Hardy as counsel of record for Christina Holland, Carlos Roja, Jon Briggs and Sandra Hutchens for the reason indicated in the G-123 Notice. Filed by Defendants Christina Holland, Carlos Roja, Jon Briggs and Sandra Hutchens. (Attorney Joseph D Hardy, Jr added to party Jon Briggs(pty:dft), Attorney Joseph D Hardy, Jr added to party Christina Holland(pty:dft), Attorney Joseph D Hardy, Jr added to party Sandra Hutchens(pty:dft), Attorney Joseph D Hardy, Jr added to party Carlos Roja(pty:dft))(Hardy, Joseph) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
53

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 45 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mrgo) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
54

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 46 . The following error(s) was found: Incorrect event selected. The correct event is: Service of Summons and Complaint Returned Executed as to USA. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mrgo) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
55

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 45 filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Pratt, Sherease) (Entered: 06/06/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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June 6, 2016

June 6, 2016

PACER
56

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23, Memorandum of Points and Authorities 24 filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Pratt, Sherease) (Entered: 06/06/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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June 6, 2016

June 6, 2016

PACER
57

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE REQUESTS TO SUBSTITUTE ATTORNEY 47, 48 . The following error(s) was found: Proposed Document was not submitted as separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ad) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
58

Joint STIPULATION to Exceed Page Limitation as to Memoranda regarding Motion to Dismiss filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Attachments: # 1 Proposed Order)(Zack, Adrienne) (Entered: 06/09/2016)

1 Proposed Order

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June 9, 2016

June 9, 2016

PACER
59

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. Motion set for hearing on 7/25/2016 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Proposed Order) (Attorney Joseph D Hardy, Jr added to party Mike Kreuger(pty:dft)) (Hardy, Joseph) (Entered: 06/10/2016)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Exhibit

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13 Exhibit

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14 Proposed Order

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June 10, 2016

June 10, 2016

PACER
65

ORDER APPROVING STIPULATION TO EXCEED PAGE LIMIT by Judge Jesus G. Bernal, re Stipulation to Exceed Page Limitation, 58 . The parties are granted leave to file memoranda of points and authorities that are no more than 30 pages in length in support of and in opposition to the Motion to Dismiss. (iva) (Entered: 06/14/2016)

June 10, 2016

June 10, 2016

PACER
60

NOTICE OF ERRATA filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. correcting NOTICE OF MOTION AND MOTION to Dismiss Case 59 (Attachments: # 1 Corrected Notice of Motion and Motion to Dismiss, now including memorandum of points and authorities)(Hardy, Joseph) (Entered: 06/13/2016)

1 Corrected Notice of Motion and Motion to Dismiss, now including memorandum of p

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June 13, 2016

June 13, 2016

PACER
61

NOTICE of Appearance filed by attorney Michael David Hidalgo on behalf of Plaintiffs Xochitl Hernandez, Cesar Matias (Attorney Michael David Hidalgo added to party Xochitl Hernandez(pty:pla), Attorney Michael David Hidalgo added to party Cesar Matias(pty:pla))(Hidalgo, Michael) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
62

REPLY in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 45 Plaintiffs-Petitioners' Reply in Support of Their Motion for Preliminary Injunction filed by Plaintiff Cesar Matias. (Smith, Douglas) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
63

REPLY in Support of NOTICE OF MOTION AND MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23, Memorandum of Points and Authorities 24 Plaintiffs-Petitioners' Reply in Support of Their Motion for Class Certification Under Federal Rule of Civil Procedure 23 filed by Plaintiffs Xochitl Hernandez, Cesar Matias. (Smith, Douglas) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
64

REPLY in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 45 Plaintiffs-Petitioners' Reply in Support of Their Motion for Preliminary Injunction filed by Plaintiff Xochitl Hernandez. (Smith, Douglas) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
66

SCHEDULING NOTICE by Judge Jesus G. Bernal. On the Court's own motion, NOTICE OF MOTION AND MOTION to Dismiss Case 59, NOTICE OF MOTION AND MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23, Memorandum of Points and Authorities 24, and NOTICE OF MOTION AND MOTION for Preliminary Injunction 45 previously scheduled for 6/27/2016 and 7/25/2016 9:00 AM have been rescheduled. Motions are continued to 8/1/2016 at 09:00 AM before Judge Jesus G. Bernal. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
67

PLAINTIFFS-PETITIONERS' OPPOSITION TO MOTION TO DISMISS opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case 59 and 60 filed by Plaintiffs Xochitl Hernandez, Cesar Matias. (Kaufman, Michael) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
68

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 59 filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Attachments: # 1 Exhibit Hernandez Bond Appeal Brief)(Hardy, Joseph) (Entered: 07/18/2016)

1 Exhibit Hernandez Bond Appeal Brief

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July 18, 2016

July 18, 2016

PACER
69

MINUTE ORDER (1) DIRECTING Supplemental Briefs Regarding Plaintiffs' Motions for Class Certification and Preliminary Injunction and Defendants' Motion to Dismiss; and (2) CONTINUING the August 1, 2016 Hearing to August 15, 2016 (IN CHAMBERS) by Judge Jesus G. Bernal re: NOTICE OF MOTION AND MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23, Memorandum of Points and Authorities 24 ; NOTICE OF MOTION AND MOTION for Preliminary Injunction 45 ; NOTICE OF MOTION AND MOTION to Dismiss Case 59 . Both parties shall submit their supplemental briefs by Wednesday, August 3, 2016 at 5:00 p.m. (See document for specifics.) (iva) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

PACER
70

Joint STIPULATION to Continue Supplemental Briefing Deadline and Motion Hearing Date, from August 3, 2016, at 5:00p.m., and August 15, 2016, at 9:00a.m., respectively, to August 10, 2016, at 5:00p.m., and August 22, 2016, at 9:00a.m. Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, 69 filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Attachments: # 1 Proposed Order)(Attorney Sherease Rosalyn Pratt added to party Mike Kreuger(pty:dft))(Pratt, Sherease) (Entered: 07/29/2016)

1 Proposed Order

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July 29, 2016

July 29, 2016

PACER
71

ORDER by Judge Jesus G. Bernal, re Stipulation to Continue, 70 . IT IS HEREBY ORDERED that the Motion Hearing previously scheduled for August 15, 2016, at 9:00 a.m., is continued to August 22, 2016, at 9:00 a.m., and the supplemental briefing deadline is extended by one week, from August 3, 2016, to August 10, 2016, at 5:00 p.m. (iva) (Entered: 08/02/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
72

SUPPLEMENT to NOTICE OF MOTION AND MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23, Memorandum of Points and Authorities 24, NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 45, NOTICE OF MOTION AND MOTION to Dismiss Case 59 filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Pratt, Sherease) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER
73

SUPPLEMENT to NOTICE OF MOTION AND MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23, Memorandum of Points and Authorities 24 filed by Plaintiffs Xochitl Hernandez, Cesar Matias. (Kaufman, Michael) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER
74

DECLARATION of Michael Kaufman in Support of NOTICE OF MOTION AND MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23, Memorandum of Points and Authorities 24 filed by Plaintiffs Xochitl Hernandez, Cesar Matias. (Attachments: # 1 Exhibits A-B)(Kaufman, Michael) (Entered: 08/10/2016)

1 Exhibits A-B

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Aug. 10, 2016

Aug. 10, 2016

PACER
75

TRANSCRIPT ORDER as to Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana DCN number: n/a for Court Reporter. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Zack, Adrienne) (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

PACER
76

TRANSCRIPT for proceedings held on 8-22-2016; 9:00am. Court Reporter: Adele C. Frazier, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/23/2016. Redacted Transcript Deadline set for 10/3/2016. Release of Transcript Restriction set for 12/1/2016. (afr) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
77

NOTICE OF FILING TRANSCRIPT filed for proceedings 8-22-2016; 9:00am re Transcript 76 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afr) TEXT ONLY ENTRY (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
78

STATUS REPORT informing the Court of Plaintiff Xochitl Hernandez's release on bond following her Rodriguez bond hearing filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Pratt, Sherease) (Entered: 09/10/2016)

Sept. 10, 2016

Sept. 10, 2016

PACER
79

RESPONSE filed by Plaintiffs Xochitl Hernandez, Cesar Matiasto Status Report, 78 (Kaufman, Michael) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

RECAP
80

DECLARATION of Michael Kaufman re Response 79 filed by Plaintiffs Xochitl Hernandez, Cesar Matias. (Attachments: # 1 Exhibits A-B)(Kaufman, Michael) (Entered: 09/12/2016)

1 Exhibits A-B

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Sept. 12, 2016

Sept. 12, 2016

PACER
81

STATUS REPORT attaching Plaintiff Xochitl Hernandez's August 23, 2016 Rodriguez bond hearing transcript filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Attachments: # 1 Redacted Document Transcript of Plaintiff Hernandez's August 23, 2016 Rodriguez Bond Hearing)(Pratt, Sherease) (Entered: 09/16/2016)

1 Redacted Document Transcript of Plaintiff Hernandez's August 23, 2016 Rodri

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Sept. 16, 2016

Sept. 16, 2016

PACER
82

STATUS REPORT Exhibit A, Decision of the Board, dated September 30, 2016, sustaining Plaintiff Hernandez's administrative appeal and remanding the record to Immigration Judge David Burke to reconsider her bond amount, filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Attachments: # 1 Exhibit A, Decision of the Board, dated September 30, 2016)(Pratt, Sherease) (Entered: 10/11/2016)

1 Exhibit A, Decision of the Board, dated September 30, 2016

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Oct. 11, 2016

Oct. 11, 2016

PACER
83

RESPONSE filed by Plaintiffs Xochitl Hernandez, Cesar Matiasto Status Report, 81, Status Report,, 82 (Kaufman, Michael) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
84

MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal (1) DENYING Defendants Motion to Dismiss (Dkt. No. 59); (2) GRANTING Plaintiffs Motion for Class Certification (Dkt. No. 24); and (3) GRANTING Plaintiffs Motion for Preliminary Injunction (Dkt. No. 45): (see document image for further details). For the foregoing reasons, the Court (1) DENIES Defendants Motion to Dismiss; (2) GRANTS Plaintiffs Motion for Class Certification; and (3) GRANTS Plaintiffs Motion for Preliminary Injunction. As set forth further in the Order concurrently filed herewith, the Court GRANTS Plaintiffs request for preliminary injunctive relief and ORDERS the parties to meet and confer regarding compliance with this Order. IT IS SO ORDERED. (ad) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

Clearinghouse
85

ORDER by Judge Jesus G. Bernal GRANTING Plaintiffs-Petitioners' MOTION for Class-Wide Preliminary Injunction 45 : (see document image for further details). (ad) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

Clearinghouse
86

Joint STIPULATION to AMEND Order 85 filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Attachments: # 1 Proposed Order)(Zack, Adrienne) (Entered: 12/09/2016)

1 Proposed Order

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Dec. 9, 2016

Dec. 9, 2016

PACER
87

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. Appeal of Order 85 . (Appeal Fee - Not Required for US Goverment.) (Attachments: # 1 ECF No. 85, Order)(Pratt, Sherease) (Entered: 12/12/2016)

1 ECF No. 85, Order

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Dec. 12, 2016

Dec. 12, 2016

PACER
88

EX PARTE APPLICATION to Stay pending appeal and the resolution of the appeal Order 85, EX PARTE APPLICATION to Stay Case pending appeal and the resolution of the appeal filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Attachments: # 1 Memorandum, # 2 Declaration of Sherease Pratt, # 3 Proposed Order) (Pratt, Sherease) (Entered: 12/12/2016)

1 Memorandum

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2 Declaration of Sherease Pratt

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3 Proposed Order

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Dec. 12, 2016

Dec. 12, 2016

PACER
89

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 16-56829 assigned to Notice of Appeal to 9th Circuit Court of Appeals, 87 as to defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (mat) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
90

OPPOSITION re: EX PARTE APPLICATION to Stay pending appeal and the resolution of the appeal Order 85 EX PARTE APPLICATION to Stay Case pending appeal and the resolution of the appeal 88 filed by Plaintiff Cesar Matias. (Smith, Douglas) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
91

REPLY support EX PARTE APPLICATION to Stay pending appeal and the resolution of the appeal Order 85 EX PARTE APPLICATION to Stay Case pending appeal and the resolution of the appeal 88 filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Pratt, Sherease) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
92

ORDER APPROVING JOINT STIPULATION TO EXTEND TIMETABLE TO IMPLEMENT THE COURT'S NOVEMBER 10, 2016 ORDER by Judge Jesus G. Bernal, re Stipulation to Amend/Correct, 86 . IT IS HEREBY ORDERED that the parties request to extend the timetable for implementing Part I, paragraphs 2(a), 2(b), 2(c), 3(a), 3(b), and 5, and Part II of the Court's November 10, 2016 Order granting Plaintiffs-Petitioners' motion for a class-wide preliminary injunction is GRANTED. (See document for further details.) (iva) (Entered: 12/20/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER
93

ORDER by Judge Jesus G. Bernal. The Ex Parte Application to Stay All Proceedings Pending Appeal (Doc. No. 88) is hereby DENIED. Defendants shall comply with the Court's November 10, 2016 Order Granting Plaintiffs-Petitioners' Motion for Class-Wide Preliminary Injunction, subject to the modifications described in the Parties' December 19, 2016 Stipulation (Doc. No. 92). IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
94

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 87 filed by Mike Kreuger, Jon Briggs, Jeh Johnson, Carlos Roja, David Jennings, James Janecka, Christina Holland, Sandra Hutchens, Loretta Lynch, Juan P Osuna, Sarah Saldana. CCA # 16-56829. Appellant's motion to stay the district court's November 10, 2016 order pending appeal is granted.(mat) (Entered: 01/05/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
95

Notice of Appearance or Withdrawal of Counsel: for attorney Grayce S Patricia Frink counsel for Plaintiffs Xochitl Hernandez, Cesar Matias. Grayce S. Patricia Frink is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs for Plaintiffs. (Frink, Grayce) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
96

Notice of Appearance or Withdrawal of Counsel: for attorney John Christopher Korevec counsel for Plaintiffs Xochitl Hernandez, Cesar Matias. Adding John C. Korevec as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiff Xochitl Hernandez and Cesar Matias. (Attorney John Christopher Korevec added to party Xochitl Hernandez(pty:pla), Attorney John Christopher Korevec added to party Cesar Matias(pty:pla))(Korevec, John) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
97

NOTICE OF MOTION AND MOTION for Hearing Re Status Conference Regarding Scheduling and Discovery filed by Plaintiff Xochitl Hernandez, Cesar Matias. Motion set for hearing on 3/20/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Declaration of Douglas A. Smith, # 2 Proposed Order) (Smith, Douglas) (Entered: 02/17/2017)

1 Declaration of Douglas A. Smith

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2 Proposed Order

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Feb. 17, 2017

Feb. 17, 2017

PACER
98

OPPOSITION to NOTICE OF MOTION AND MOTION for Hearing Re Status Conference Regarding Scheduling and Discovery 97 filed by Defendants Jon Briggs, Christina Holland, Sandra Hutchens, James Janecka, David Jennings, Jeh Johnson, Mike Kreuger, Loretta Lynch, Juan P Osuna, Carlos Roja, Sarah Saldana. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Hardy, Joseph) (Entered: 02/24/2017)

1 Exhibit

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2 Exhibit

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3 Exhibit

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Feb. 24, 2017

Feb. 24, 2017

PACER
99

REPLY In Support of NOTICE OF MOTION AND MOTION for Hearing Re Status Conference Regarding Scheduling and Discovery 97 filed by Plaintiffs Xochitl Hernandez, Cesar Matias. (Smith, Douglas) (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

PACER
100

MINUTES OF Hearing on Plaintiffs Motion for a Status Conference Re: Scheduling and Discovery 97 held before Judge Jesus G. Bernal. The Court confers with counsel and hears oral argument. The Court takes the matter under-submission. Court Reporter: Adele C. Frazier. (mga) (Entered: 03/23/2017)

March 20, 2017

March 20, 2017

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 6, 2016

Closing Date: March 28, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two noncitizens detained under the Immigration and Nationality Act, a Mexican citizen and an asylum-seeking Honduran national, on behalf of a class of all individuals detained under 8 U.S.C. § 1226(a), on a bond set by an ICE officer or an immigration judge in the Central District of California.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU of Southern California

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S., Federal

U.S., Federal

U.S., Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Excessive bail/fines

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $1,748,975.72

Issues

General/Misc.:

Classification / placement

Fines/Fees/Bail/Bond

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities