Case: Rodriguez Alvarado v. United States

2:16-cv-05028 | U.S. District Court for the District of New Jersey

Filed Date: Aug. 17, 2016

Closed Date: Feb. 22, 2019

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Case Summary

On August 17, 2016, an individual plaintiff and her minor child filed this civil rights lawsuit in the U.S. District Court for the District of New Jersey. The plaintiffs, refugees from Honduras, alleged that they were wrongfully detained and subjected to inhumane treatment and unlawful conditions of confinement pursuant to Department of Homeland Security (DHS) policies and practices. The plaintiffs sued the United States under the Federal Tort Claims Act for the tortious acts of its employees (specifically, employees of DHS and its constituent units). Represented by private counsel, the Jerome N. Frank Legal Services Organization, Morningside Heights Legal Services, and the Asylum Seeker Advocacy Project, the plaintiffs sought compensatory damages. The case was assigned to Judge Madeline C. Arleo and Magistrate Judge Michael A. Hammer.

In their complaint, the plaintiffs claimed that they fled Honduras after facing threats and abuse from the police due to their political activity. After crossing into the U.S., the plaintiffs stated that they were quickly apprehended by Customs and Border Protection (CBP) agents and placed in a holding facility, known as an “icebox" because of its cold temperatures. The plaintiffs alleged that the conditions in the holding facilities were inhumane--they were asked to sleep on the wet and cold floor in a crowded place, despite the minor child's asthma; the only food they were provided were cold sandwiches; and their sleep was constantly interrupted by agents.

The plaintiffs also claimed that during their stay, despite the fact that the mother informed CBP that she feared returning to Honduras, the agents pressured and threatened her to get her to sign papers accepting a removal order. Furthermore, she claimed that ICE attempted to separate her from her minor child.

Despite passing their credible fear interviews, the plaintiffs alleged that they were detained from January to May 2015, even though they posed no danger or flight risk and both were eligible for immediate release. The plaintiffs also alleged that this practice violated the Flores consent decree, which requires ICE to expeditiously place minors in licensed facilities and prioritizes the prompt release of minors held in immigration detention. The plaintiffs eventually were granted withholding of removal by an immigration judge and released.

The plaintiffs made the following legal claims in their complaint: abuse of process, false imprisonment, intentional infliction of emotional distress, negligent supervision, and negligence.

On November 18, 2016, the defendants filed a motion to dismiss the case or have the case transferred to what it believed to be a proper venue--either the Southern or Western District of Texas, as the plaintiffs had been detained in Texas.

On December 16, the case was reassigned to Magistrate Judge Steven C. Mannion.

On May 25, 2017, the court denied the defendant's motion to dismiss or transfer, finding the venue was proper in New Jersey. 2017 WL 2303758.

The parties then engaged in discovery and settlement negotiations for many months. On August 3, 2018, the parties notified the court that they had reached an agreement in principle to settle all of the plaintiffs' claims. And on October 24, the parties participated in a settlement hearing before Magistrate Judge Mannion.

In the proposed settlement agreement, the United States did not admit liability but agreed to pay $125,000 in full satisfaction of all the plaintiffs' claims, with 75 percent going to the minor child and the remaining 25 percent to the mother. The parties were to bear their own costs, fees and expenses, and any attorneys' fees owed by the plaintiffs were to be paid out of the settlement amount.

The plaintiffs then moved for the court's approval of the settlement and voluntary dismissal of the case. On December 17, 2018, the court issued a letter order-opinion, finding the settlement to be fair and reasonable, but disagreeing with the plaintiffs regarding the disposition of the minor child's portion of the settlement proceeds. The plaintiffs had requested that the funds be placed in a private trust to be used for the child's maintenance until he turned twenty-one, but the court denied the request and instructed that the funds be deposited with the Surrogate's Court for Hudson County, New Jersey.

On December 22, 2018, the plaintiffs moved for partial reconsideration, or in the alternative partial relief, from the court's judgment as to the denial of the plaintiffs' motion to deposit the minor child's settlement funds into a private trust. The plaintiffs also moved for a partial stay of the judgment to prevent the funds from being deposited with the Surrogate's Court while the court reconsidered its judgment.

On February 21, 2019, the parties jointly filed a proposed consent order. The court approved the settlement on February 22, dismissing the action and vacating its earlier judgment. Thus, the terms of the parties' initially proposed agreement were approved. The plaintiffs were awarded $125,000, with $93,750 to be deposited into a trust in the name of the minor child.

The case is closed.

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Summary Authors

Sihang Zhang (12/28/2016)

Taylor Brook (3/21/2018)

Sam Kulhanek (3/28/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6104541/parties/rodriguez-alvarado-v-united-states/

Judge(s)

Arleo, Madeline Cox (New Jersey)

Hammer, Michael A (New Jersey)

Attorney for Plaintiff

Ahmad, Muneer I. (Connecticut)

Lasdon, Douglas (New York)

Attorney for Defendant

Dharia, Kruti D. (New Jersey)

Judge(s)

Arleo, Madeline Cox (New Jersey)

Hammer, Michael A (New Jersey)

Mannion, Steven C. (New Jersey)

Attorney for Plaintiff

Ahmad, Muneer I. (Connecticut)

Lasdon, Douglas (New York)

Loyo, Ruben (Connecticut)

Lustberg, Lawrence S. (New Jersey)

Mukherjee, Elora (New York)

Parikh, Reena (Connecticut)

Wishnie, Michael J. (Connecticut)

Attorney for Defendant

Dharia, Kruti D. (New Jersey)

Meyler, Daniel W (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:16-cv-05028	Docket [PACER]	Dec. 5, 2019	Dec. 5, 2019 Docket
1 2:16-cv-05028	Complaint Alvarado v. United States	Aug. 17, 2016	Aug. 17, 2016 Complaint
34 2:16-cv-05028	Opinion	May 25, 2017	May 25, 2017 Order/Opinion 2017 WL 2303758
85 2:16-cv-05028	Letter Order-Opinion	Dec. 17, 2018	Dec. 17, 2018 Order/Opinion
97 2:16-cv-05028	Consent Order Approving Settlement and Dismissal of Action	Feb. 22, 2019	Feb. 22, 2019 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6104541/rodriguez-alvarado-v-united-states/

Last updated Feb. 28, 2026, 1:31 a.m.

ECF Number	Description	Date	Link Date / Link
	Case Assigned/Reassigned	Aug. 17, 2016	Aug. 17, 2016
1	COMPLAINT against UNITED STATES OF AMERICA ( Filing and Admin fee $ 400 receipt number 0312-7296382), filed by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Ex. A, McLeod Declaration, # 3 Exhibit Ex. B, Miller and Lembke Declarations, # 4 Exhibit Ex. C, Hines Declaration, # 5 Exhibit Ex. D, Raymond Declaration, # 6 Exhibit Ex. E, Burch Declaration, # 7 Exhibit Ex. F, Archambeault Declaration, # 8 Exhibit Ex. G, Statement of Sec. Jeh Johnson, # 9 Exhibit Ex. H, Letter from Rep. Zoe Lofgren et al., # 10 Exhibit Ex. I, CBP Directive No. 3340-043, # 11 Exhibit Ex. J, US Border Patrol Policy 08-11267, # 12 Exhibit Ex. K, South Texas Family Residential Center Performance Work Statement, # 13 Exhibit Ex. L, ICE/DRO Residential Standard, Resident Census, # 14 Exhibit Ex. M, ICE/DRO Residential Standard, Visitation, # 15 Exhibit Ex. N, ICE/DRO Residential Standard, Staff-Resident Communication)(LOYO, RUBEN) (Entered: 08/17/2016) 1 Civil Cover Sheet Civil Cover Sheet View on PACER 2 Exhibit Ex. A, McLeod Declaration View on PACER 3 Exhibit Ex. B, Miller and Lembke Declarations View on PACER 4 Exhibit Ex. C, Hines Declaration View on PACER 5 Exhibit Ex. D, Raymond Declaration View on PACER 6 Exhibit Ex. E, Burch Declaration View on PACER 7 Exhibit Ex. F, Archambeault Declaration View on PACER 8 Exhibit Ex. G, Statement of Sec. Jeh Johnson View on PACER 9 Exhibit Ex. H, Letter from Rep. Zoe Lofgren et al. View on PACER 10 Exhibit Ex. I, CBP Directive No. 3340-043 View on PACER 11 Exhibit Ex. J, US Border Patrol Policy 08-11267 View on PACER 12 Exhibit Ex. K, South Texas Family Residential Center Performance Work Statement View on PACER 13 Exhibit Ex. L, ICE/DRO Residential Standard, Resident Census View on PACER 14 Exhibit Ex. M, ICE/DRO Residential Standard, Visitation View on PACER 15 Exhibit Ex. N, ICE/DRO Residential Standard, Staff-Resident Communication View on PACER	Aug. 17, 2016	Aug. 17, 2016
2	SUMMONS ISSUED as to UNITED STATES OF AMERICA Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By Donato Marucci (dam) (Entered: 08/17/2016)	Aug. 17, 2016	Aug. 17, 2016
	Case Assigned to Judge Madeline C. Arleo and Magistrate Judge Michael A. Hammer. (mfr)	Aug. 17, 2016	Aug. 17, 2016
	CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Nature of Suit, changed to 360 P.I. . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (dam)	Aug. 17, 2016	Aug. 17, 2016
3	NOTICE of Appearance by LAWRENCE S. LUSTBERG on behalf of SUNY YANETH RODRIGUEZ ALVARADO, A. S.R. (LUSTBERG, LAWRENCE) (Entered: 08/30/2016)	Aug. 30, 2016	Aug. 30, 2016
4	First MOTION for Leave to Appear Pro Hac Vice by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R.. (Attachments: # 1 Certification Lawrence S. Lustberg, Esq., # 2 Certification Applicant Michael J. Wishnie, Esq., # 3 Certification Applicant Muneer I. Ahmad, Esq., # 4 Text of Proposed Order, # 5 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 08/30/2016) 1 Certification Lawrence S. Lustberg, Esq. View on PACER 2 Certification Applicant Michael J. Wishnie, Esq. View on PACER 3 Certification Applicant Muneer I. Ahmad, Esq. View on PACER 4 Text of Proposed Order View on PACER 5 Certificate of Service View on PACER	Aug. 30, 2016	Aug. 30, 2016
5	NOTICE of Appearance by ELORA MUKHERJEE on behalf of All Plaintiffs (MUKHERJEE, ELORA) (Entered: 08/31/2016)	Aug. 31, 2016	Aug. 31, 2016
	Set/Reset Deadlines as to 4 First MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/3/2016 before Judge Madeline C. Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (DD, )	Aug. 31, 2016	Aug. 31, 2016
6	SUMMONS Returned Executed by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R.. All Defendants. (LOYO, RUBEN) (Entered: 09/02/2016)	Sept. 2, 2016	Sept. 2, 2016
7	MOTION for Leave to Appear Pro Hac Vice by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R.. (Attachments: # 1 Certification Ruben Loyo, Esq., # 2 Certification Applicant Douglas H. Lasdon, Esq., # 3 Text of Proposed Order, # 4 Certificate of Service)(LOYO, RUBEN) (Entered: 09/28/2016) 1 Certification Ruben Loyo, Esq. View on PACER 2 Certification Applicant Douglas H. Lasdon, Esq. View on PACER 3 Text of Proposed Order View on PACER 4 Certificate of Service View on PACER	Sept. 28, 2016	Sept. 28, 2016
	Set/Reset Deadlines as to 7 MOTION for Leave to Appear Pro Hac Vice . Motion set for 11/7/2016 before Judge Madeline C. Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )	Sept. 28, 2016	Sept. 28, 2016
8	ORDER granting 4 Motion for Leave to Appear Pro Hac Vice of Muneer I. Ahmad and Michael J. Wishnie on behalf of Plaintiffs Suny Rodriguez Alvarado and A.S.R., etc. Signed by Magistrate Judge Michael A. Hammer on 10/04/2016. (ek) (Entered: 10/05/2016)	Oct. 5, 2016	Oct. 5, 2016
	Pro Hac Vice fee: $ 150, receipt number NEW031179 as to Michael Wishnie. (cm )	Oct. 13, 2016	Oct. 13, 2016
	Pro Hac Vice fee: $ 150, receipt number NEW031178 as to Muneer Ahmad. (cm )	Oct. 13, 2016	Oct. 13, 2016
9	Application and Proposed Order for Clerk's Order to extend time to answer as to the United States of America. Attorney KRUTI D. DHARIA for UNITED STATES OF AMERICA added. (DHARIA, KRUTI) (Entered: 10/19/2016)	Oct. 19, 2016	Oct. 19, 2016
	Clerk`s Text Order - The document 9 Application for Clerk's Order to Ext Answer/Proposed Order submitted by UNITED STATES OF AMERICA has been GRANTED. The answer due date has been set for 11/4/2016. (ld, )	Oct. 20, 2016	Oct. 20, 2016
10	Notice of Request by Pro Hac Vice Muneer Ahmad to receive Notices of Electronic Filings. (LUSTBERG, LAWRENCE) (Entered: 10/24/2016)	Oct. 24, 2016	Oct. 24, 2016
11	Notice of Request by Pro Hac Vice Michael Wishnie to receive Notices of Electronic Filings. (LUSTBERG, LAWRENCE) (Entered: 10/24/2016)	Oct. 24, 2016	Oct. 24, 2016
12	ORDER granting 7 Motion for Leave to Appear Pro Hac Vice as to Douglas H. Lasdon, Esq. Signed by Magistrate Judge Michael A. Hammer on 10/25/16. (cm ) (Entered: 10/25/2016)	Oct. 25, 2016	Oct. 25, 2016
	Pro Hac Vice counsel, MUNEER AHMAD and MICHAEL WISHNIE, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (sr, )	Oct. 25, 2016	Oct. 25, 2016
13	Notice of Request by Pro Hac Vice Doug Lasdon to receive Notices of Electronic Filings. (LOYO, RUBEN) (Entered: 10/27/2016)	Oct. 27, 2016	Oct. 27, 2016
14	Letter from Defendant requesting additional time to respond to the complaint with plaintiffs' consent. (DHARIA, KRUTI) (Entered: 10/28/2016)	Oct. 28, 2016	Oct. 28, 2016
	Update Answer Due Deadline	Nov. 1, 2016	Nov. 1, 2016
15	ORDER granting the United States an extension of time to respond to the complaint from 11/4/16 to 11/18/16 re 14 Letter. Signed by Magistrate Judge Michael A. Hammer on 10/31/16. (cm ) (Entered: 11/01/2016)	Nov. 1, 2016	Nov. 1, 2016
	Answer Due Deadline Update - The document 15 Order submitted by UNITED STATES OF AMERICA has been GRANTED. The answer due date has been set for 11/18/16. (cm )	Nov. 1, 2016	Nov. 1, 2016
16	Consent MOTION to Permit Appearances of Supervised Law Students by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R.. (Attachments: # 1 Exhibits, # 2 Certificate of Service)(LOYO, RUBEN) (Entered: 11/07/2016) 1 Exhibits View on PACER 2 Certificate of Service View on PACER	Nov. 7, 2016	Nov. 7, 2016
17	MOTION to Dismiss, MOTION to Transfer Case to either the Western or Southern District of Texas by UNITED STATES OF AMERICA. (Attachments: # 1 Brief, # 2 Declaration of Homer Salinas, # 3 Declaration of Manuel Padilla, Jr., # 4 Text of Proposed Order)(DHARIA, KRUTI) (Entered: 11/18/2016) 1 Brief View on PACER 2 Declaration of Homer Salinas View on PACER 3 Declaration of Manuel Padilla, Jr. View on PACER 4 Text of Proposed Order View on PACER	Nov. 18, 2016	Nov. 18, 2016
	Set/Reset Motion and R&R Deadlines/Hearings	Nov. 21, 2016	Nov. 21, 2016
	Set Deadlines as to 17 MOTION to Dismiss MOTION to Transfer Case to either the Western or Southern District of Texas . Motion set for 12/19/2016 before Judge Madeline C. Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm )	Nov. 21, 2016	Nov. 21, 2016
18	Joint MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss MOTION to Transfer Case to either the Western or Southern District of Texas by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Joint Motion for Extension of Briefing Schedule)(LUSTBERG, LAWRENCE) (Entered: 11/29/2016) 1 Text of Proposed Order Proposed Order Granting Joint Motion for Extension of Bri View on PACER	Nov. 29, 2016	Nov. 29, 2016
	Set/Reset Motion and R&R Deadlines/Hearings	Dec. 2, 2016	Dec. 2, 2016
19	CONSENT ORDER extending time for Plaintiff to file and serve its opposition to the Government's Motion to Dismiss or toTransfer on or before, December 23, 2016. Defendant shall file and serve its reply to said opposition on or before January 13, 2017. The Court shall set the return date on Defendant's Motion to Dismiss or to Transfer at its convenience after January 13, 2017. Signed by Magistrate Judge Michael A. Hammer on 12/2/16. (cm ) (Entered: 12/02/2016)	Dec. 2, 2016	Dec. 2, 2016
	Reset Deadlines as to 17 MOTION to Dismiss MOTION to Transfer Case to either the Western or Southern District of Texas . Motion set for 1/17/2017 before Judge Madeline C. Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm )	Dec. 2, 2016	Dec. 2, 2016
	Order Reassigning Case	Dec. 16, 2016	Dec. 16, 2016
20	TEXT ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Steven C. Mannion for all further proceedings. Magistrate Judge Michael A. Hammer no longer assigned to case. So Ordered by Chief Judge Jerome B. Simandle on 12/16/16. (th, ) (Entered: 12/16/2016)	Dec. 16, 2016	Dec. 16, 2016
21	RESPONSE in Opposition filed by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R. re 17 MOTION to Dismiss MOTION to Transfer Case to either the Western or Southern District of Texas (Attachments: # 1 Exhibit Rodriguez Alvarado Decl., # 2 Exhibit Dr. Posner Decl., # 3 Exhibit Dr. Casoy Decl., # 4 Exhibit Kurzban Aff.)(LOYO, RUBEN) (Entered: 12/23/2016) 1 Exhibit Rodriguez Alvarado Decl. View on PACER 2 Exhibit Dr. Posner Decl. View on PACER 3 Exhibit Dr. Casoy Decl. View on PACER 4 Exhibit Kurzban Aff. View on PACER	Dec. 23, 2016	Dec. 23, 2016
	Pro Hac Vice fee: $ 150, receipt number NEW031832 RE: Douglas H. Lasdon. (sr, )	Dec. 27, 2016	Dec. 27, 2016
	Pro Hac Vice Fee Received	Dec. 29, 2016	Dec. 29, 2016
22	Letter from the Government requesting an extension of time to submit the reply brief. (DHARIA, KRUTI) (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017
23	Letter from the Plaintiffs regarding Proposed Order to permit appearances of supervised law students. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(LOYO, RUBEN) (Entered: 01/10/2017) 1 Text of Proposed Order View on PACER 2 Certificate of Service View on PACER	Jan. 10, 2017	Jan. 10, 2017
24	ORDER granting the United States of America an extension of time from January 13, 2017 until January 20, 2017 to file their reply brief in support of the Government's motion to dismiss/and or transfer to Texas. Signed by Judge Madeline C. Arleo on 1/13/17. (cm ) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017
25	Letter from the Government requesting an additional 5 pages for its reply brief. (DHARIA, KRUTI) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017
26	Letter from the Plaintiffs and Defendant regarding Proposed Order to permit appearances of supervised law students. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(LOYO, RUBEN) (Entered: 01/20/2017) 1 Text of Proposed Order View on PACER 2 Certificate of Service View on PACER	Jan. 20, 2017	Jan. 20, 2017
27	ORDER granting 25 Letter request for an additional 5 pages for the reply brief. Signed by Judge Madeline C. Arleo on 1/20/17. (jr) (Entered: 01/20/2017)	Jan. 20, 2017	Jan. 20, 2017
28	REPLY to Response to Motion filed by UNITED STATES OF AMERICA re 17 MOTION to Dismiss MOTION to Transfer Case to either the Western or Southern District of Texas (Attachments: # 1 Certificate of Service)(DHARIA, KRUTI) (Entered: 01/20/2017) 1 Certificate of Service View on PACER	Jan. 20, 2017	Jan. 20, 2017
29	ORDER GRANTING CONSENT MOTION TO PERMIT APPEARANCES OF SUPERVISED LAW STUDENTS: It is ORDERED that Plaintiffs' application for an Order granting Katherine Haas, Aaron Korthuis, Melissa Marichal, and Rachel Wilf leave to appear as supervised law students in this matter shall be and hereby is granted, subject to the supervising attorneys obligations set forth in Local Rule l0l.1(h)(1). Signed by Magistrate Judge Steven C. Mannion on 1/25/2017. (seb) (Entered: 01/26/2017)	Jan. 26, 2017	Jan. 26, 2017
30	Letter re 21 Response in Opposition to Motion, 28 Reply to Response to Motion,. (LOYO, RUBEN) (Entered: 01/30/2017)	Jan. 30, 2017	Jan. 30, 2017
31	REPLY to Response to Motion filed by UNITED STATES OF AMERICA re 17 MOTION to Dismiss MOTION to Transfer Case to either the Western or Southern District of Texas (DHARIA, KRUTI) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017
32	Consent MOTION to Permit Law Student Appearances by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R.. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Certificate of Service)(LOYO, RUBEN) (Entered: 03/03/2017) 1 Exhibit View on PACER 2 Text of Proposed Order View on PACER 3 Certificate of Service View on PACER	March 3, 2017	March 3, 2017
	Set Deadlines as to 32 Consent MOTION to Permit Law Student Appearances. Motion set for 4/3/2017 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm )	March 3, 2017	March 3, 2017
	Set/Reset Motion and R&R Deadlines/Hearings	March 6, 2017	March 6, 2017
33	ORDER granting Plaintiff's 32 Motion to Leave to appear as supervised Law Students of Adam Bradlow, Allison Morte, and Natalia Nazarewicz, etc Signed by Magistrate Judge Steven C. Mannion on 03/08/2017. (ek) (Entered: 03/08/2017)	March 8, 2017	March 8, 2017
34	OPINION. Signed by Judge Madeline Cox Arleo on 5/25/17. (cm, ) (Entered: 05/26/2017)	May 25, 2017	May 25, 2017 RECAP
35	ORDER denying 17 Motion to Transfer Case to Western District of Texas. Signed by Judge Madeline Cox Arleo on 5/25/17. (cm, ) (Entered: 05/26/2017)	May 25, 2017	May 25, 2017
36	Letter from the Government requesting, with Plaintiffs' consent, an extension until June 30 to file the Answer. (DHARIA, KRUTI) (Entered: 06/06/2017)	June 6, 2017	June 6, 2017
37	ORDER granting the Government an extension of time to answer from 6/9/17 until 6/3017 re 36 Letter. Signed by Magistrate Judge Steven C. Mannion on 6/7/17. (cm, ) (Entered: 06/07/2017)	June 7, 2017	June 7, 2017
38	ORDER scheduling Initial R16 Conference for 7/26/2017 11:00 AM in Newark - Courtroom 2B before Magistrate Judge Steven C. Mannion. Signed by Magistrate Judge Steven C. Mannion on 6/13/2017. (spc, ) (Entered: 06/13/2017)	June 13, 2017	June 13, 2017
39	ANSWER to Complaint by UNITED STATES OF AMERICA. (Attachments: # 1 Certificate of Service)(DHARIA, KRUTI) (Entered: 06/28/2017) 1 Certificate of Service View on PACER	June 28, 2017	June 28, 2017
40	Letter re 38 Order, Set Hearings, Set/Clear Flags. (LUSTBERG, LAWRENCE) (Entered: 06/29/2017)	June 29, 2017	June 29, 2017
41	ORDER adjourning the Initial Conference already set for 7/26/17 to 8/14/2017 at 11:00 AM before Magistrate Judge Steven C. Mannion, etc. Signed by Magistrate Judge Steven C. Mannion on 7/5/17. (cm, ) (Entered: 07/05/2017)	July 5, 2017	July 5, 2017
42	Joint Discovery Plan by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R..(LOYO, RUBEN) (Entered: 08/04/2017)	Aug. 4, 2017	Aug. 4, 2017
43	AFFIDAVIT/Certification in support of discovery confidentiality order of Kruti D. Dharia and Ruben Loyo re 42 Joint Discovery Plan by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R.. (Attachments: # 1 Text of Proposed Order Proposed Discovery Confidentiality Order)(LOYO, RUBEN) (Entered: 08/04/2017) 1 Text of Proposed Order Proposed Discovery Confidentiality Order View on PACER	Aug. 4, 2017	Aug. 4, 2017
44	Discovery Confidentiality Order. Signed by Magistrate Judge Steven C. Mannion on 8/7/17. (cm, ) (Entered: 08/08/2017)	Aug. 7, 2017	Aug. 7, 2017
45	PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 10/18/2017 09:30 AM before Magistrate Judge Steven C. Mannion. Amended Pleadings due by 11/30/2017. Fact Discovery due by 4/27/2018. Joinder of Parties due by 11/30/2017.;etc. Signed by Magistrate Judge Steven C. Mannion on 8/14/2017. (ld, ) (Entered: 08/15/2017)	Aug. 14, 2017	Aug. 14, 2017
	Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Scheduling Conference held on 8/14/2017. Initial Scheduling Order filed. (spc, )	Aug. 14, 2017	Aug. 14, 2017
	Scheduling Conference	Aug. 21, 2017	Aug. 21, 2017
46	Letter from the Government requesting, with Plaintiffs' consent, to reschedule the October 18th conference to a later time. (DHARIA, KRUTI) (Entered: 10/11/2017)	Oct. 11, 2017	Oct. 11, 2017
47	Letter from the Government requesting, with plaintiffs' consent, an adjournment of the 10/18/17 teleconference. (DHARIA, KRUTI) (Entered: 10/16/2017)	Oct. 16, 2017	Oct. 16, 2017
48	ORDER adjourning the telephone conference already set for 10/18/17 to 10/23/2017 at 10:00 AM before Magistrate Judge Steven C. Mannion. Signed by Magistrate Judge Steven C. Mannion on 10/16/17. (cm, ) (Entered: 10/17/2017)	Oct. 16, 2017	Oct. 16, 2017
49	Consent MOTION Consent Motion to Permit Appearances of Supervised Law Students by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R.. (Attachments: # 1 Exhibit Supporting Documents, # 2 Text of Proposed Order, # 3 Certificate of Service)(LOYO, RUBEN) (Entered: 10/18/2017) 1 Exhibit Supporting Documents View on PACER 2 Text of Proposed Order View on PACER 3 Certificate of Service View on PACER	Oct. 18, 2017	Oct. 18, 2017
50	ORDER granting 49 Consent Motion to Permit Appearances of Supervised Law Students Patrick Baker and Victoria Roeck. Signed by Magistrate Judge Steven C. Mannion on 10/19/17. (cm, ) (Entered: 10/19/2017)	Oct. 19, 2017	Oct. 19, 2017
51	STATUS REPORT Joint Agenda for Status Conference by All Plaintiffs. (LOYO, RUBEN) (Entered: 10/20/2017)	Oct. 20, 2017	Oct. 20, 2017
	Order	Oct. 23, 2017	Oct. 23, 2017
52	TEXT ORDER: A telephone conference is scheduled with Magistrate Judge Mannion on 12/22/2017 at 10:00 a.m. Defendant(s)' counsel is to initiate the call. Three or more business days before that date, counsel are to submit agenda letter(s) (up to 3 pages) itemizing the issues, if any, to be discussed at the upcoming conference. So Ordered by Magistrate Judge Steven C. Mannion on 10/23/17. (SCM) (Entered: 10/23/2017)	Oct. 23, 2017	Oct. 23, 2017
	Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Telephone Conference held on 10/23/2017. Text order entered scheduling next conference for 12/22/2017 at 10 am (spc, )	Oct. 23, 2017	Oct. 23, 2017
	Telephone Conference	Oct. 24, 2017	Oct. 24, 2017
53	Letter from Plaintiffs requesting an adjournment of the 12/22/17 teleconference. (LUSTBERG, LAWRENCE) (Entered: 12/15/2017)	Dec. 15, 2017	Dec. 15, 2017
54	NOTICE of Appearance by DANIEL WILLIAM MEYLER on behalf of UNITED STATES OF AMERICA (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 12/19/2017) 1 Certificate of Service View on PACER	Dec. 19, 2017	Dec. 19, 2017
55	STATUS REPORT in advance of the December 22, 2017 status conference by UNITED STATES OF AMERICA. (DHARIA, KRUTI) (Entered: 12/19/2017)	Dec. 19, 2017	Dec. 19, 2017
56	ORDER DENYING the Parties request to adjourn the Status Conference currently set for 12/22/17, etc. Signed by Magistrate Judge Steven C. Mannion on 12/20/17. (cm, ) (Entered: 12/20/2017)	Dec. 20, 2017	Dec. 20, 2017
	Order	Dec. 22, 2017	Dec. 22, 2017
57	TEXT ORDER: A telephone conference is scheduled with Magistrate Judge Mannion on 2/27/2018 at 4:15 p.m. Plaintiff(s)' counsel is to initiate the call. Three or more business days before that date, counsel are to submit agenda letter(s) (up to 3 pages) itemizing the issues, if any, to be discussed at the upcoming conference. So Ordered by Magistrate Judge Steven C. Mannion on 12/22/2017. (SCM) (Entered: 12/22/2017)	Dec. 22, 2017	Dec. 22, 2017
	Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Telephone Conference held on 12/22/2017. text order entered scheduling next conf. for 2/27/2018 at 4:15 pm (spc, )	Dec. 22, 2017	Dec. 22, 2017
	Telephone Conference	Jan. 5, 2018	Jan. 5, 2018
58	STATUS REPORT Joint Agenda for Status Conference by All Plaintiffs. (LOYO, RUBEN) (Entered: 02/22/2018)	Feb. 22, 2018	Feb. 22, 2018
	Order	Feb. 27, 2018	Feb. 27, 2018
59	TEXT ORDER: Fact discovery is extended to May 31, 2018. Counsel shall continue todays settlement discussion. Defendant shall provide an offer in response to Plaintiffs demand by 3/13/2018. A settlement conference to be held on 3/21/2018 at 11:15 a.m. before Judge Steve Mannion in courtroom 2B. Trial counsel and clients who have settlement authority must appear. Confidential settlement positions no longer than five pages should be faxed to Judge Mannion 4 days before the conference and not filed via ECF. So Ordered by Magistrate Judge Steven C. Mannion on 2/27/2018. (Mannion, Steven) (Entered: 02/27/2018)	Feb. 27, 2018	Feb. 27, 2018
	Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Telephone Conference held on 2/27/2018. text order entered scheduling next conference for 3/21/2018 at 11:15 a.m. (spc, )	Feb. 27, 2018	Feb. 27, 2018
	Telephone Conference	Feb. 28, 2018	Feb. 28, 2018
	Order	March 21, 2018	March 21, 2018
60	TEXT ORDER: Due to the Courts closing for snow, todays conference is adjourned to 3/23/18 at 9:30 a.m. So Ordered by Magistrate Judge Steven C. Mannion on 3/21/18. (Mannion, Steven) (Entered: 03/21/2018)	March 21, 2018	March 21, 2018
	Order	March 23, 2018	March 23, 2018
	Settlement Conference	March 23, 2018	March 23, 2018
61	TEXT ORDER: A telephone conference is scheduled with Magistrate Judge Mannion on 5/22/2018 at 4:15 p.m. Plaintiff(s)' counsel is to initiate the call. Three or more business days before that date, counsel are to submit an agenda letter(s) (up to 3 pages) itemizing the issues, if any, to be discussed at the upcoming conference. So Ordered by Magistrate Judge Steven C. Mannion on 3/23/18. (Mannion, Steven) (Entered: 03/23/2018)	March 23, 2018	March 23, 2018
	Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Settlement Conference held on 3/23/2018. Text order entered scheduling next conference for 5/22/2018 at 4:15 pm (spc, )	March 23, 2018	March 23, 2018
62	Consent MOTION Consent Motion to Permit Appearances of Supervised Law Students by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R.. (Attachments: # 1 Exhibit Supporting Documents, # 2 Text of Proposed Order, # 3 Certificate of Service)(LOYO, RUBEN) (Entered: 03/28/2018) 1 Exhibit Supporting Documents View on PACER 2 Text of Proposed Order View on PACER 3 Certificate of Service View on PACER	March 28, 2018	March 28, 2018
	Set/Reset Motion and R&R Deadlines/Hearings	March 29, 2018	March 29, 2018
	Set Deadlines as to 62 Consent MOTION Consent Motion to Permit Appearances of Supervised Law Students . Motion set for 5/7/2018 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm, )	March 29, 2018	March 29, 2018
63	ORDER denying without prejudice 62 Consent Motion to Permit Appearances of Supervised Law Students, etc. Signed by Magistrate Judge Steven C. Mannion on 4/24/18. (cm, ) (Entered: 04/25/2018)	April 24, 2018	April 24, 2018

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Case Details

State / Territory:

New Jersey

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 17, 2016

Closing Date: Feb. 22, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A refugee mother and son who had been detained in the United States.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Jerome N. Frank Legal Services Organization (Yale)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States of America

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Other Dockets:

District of New Jersey 2:16-cv-05028

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $125,000

Issues

Immigration/Border:

Asylum - procedure

Detention - conditions

Detention - criteria

Detention - procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Policing:

False arrest

Recommended Citation

Case Summary of Rodriguez Alvarado v. United States, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/15458/ (last updated 3/28/2020).