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

Clearinghouse coding complete

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 (…

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.

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)

Mannion, Steven C. (New Jersey)

Attorneys(s) 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)

Judge(s)

Arleo, Madeline Cox (New Jersey)

Hammer, Michael A (New Jersey)

Mannion, Steven C. (New Jersey)

Attorneys(s) 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)

Attorneys(s) for Defendant

Dharia, Kruti D. (New Jersey)

Meyler, Daniel W (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 5, 2019 Docket
1

Complaint

Alvarado v. United States

Aug. 17, 2016 Complaint
34

Opinion

2017 WL 2303758

May 25, 2017 Order/Opinion
85

Letter Order-Opinion

Dec. 17, 2018 Order/Opinion
97

Consent Order Approving Settlement and Dismissal of Action

Feb. 22, 2019 Order/Opinion

Resources

Title Description External URL

Docket

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

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

ECF Number Description Date Link
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

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2 Exhibit Ex. A, McLeod Declaration

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3 Exhibit Ex. B, Miller and Lembke Declarations

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4 Exhibit Ex. C, Hines Declaration

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5 Exhibit Ex. D, Raymond Declaration

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6 Exhibit Ex. E, Burch Declaration

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7 Exhibit Ex. F, Archambeault Declaration

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8 Exhibit Ex. G, Statement of Sec. Jeh Johnson

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9 Exhibit Ex. H, Letter from Rep. Zoe Lofgren et al.

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10 Exhibit Ex. I, CBP Directive No. 3340-043

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11 Exhibit Ex. J, US Border Patrol Policy 08-11267

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12 Exhibit Ex. K, South Texas Family Residential Center Performance Work Statement

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13 Exhibit Ex. L, ICE/DRO Residential Standard, Resident Census

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14 Exhibit Ex. M, ICE/DRO Residential Standard, Visitation

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15 Exhibit Ex. N, ICE/DRO Residential Standard, Staff-Resident Communication

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Aug. 17, 2016 PACER

Case Assigned to Judge Madeline C. Arleo and Magistrate Judge Michael A. Hammer. (mfr)

Aug. 17, 2016 PACER
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 PACER

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 PACER
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 PACER
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.

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2 Certification Applicant Michael J. Wishnie, Esq.

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3 Certification Applicant Muneer I. Ahmad, Esq.

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4 Text of Proposed Order

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5 Certificate of Service

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Aug. 30, 2016 PACER

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 PACER
5

NOTICE of Appearance by ELORA MUKHERJEE on behalf of All Plaintiffs (MUKHERJEE, ELORA) (Entered: 08/31/2016)

Aug. 31, 2016 PACER
6

SUMMONS Returned Executed by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R.. All Defendants. (LOYO, RUBEN) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
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.

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2 Certification Applicant Douglas H. Lasdon, Esq.

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3 Text of Proposed Order

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4 Certificate of Service

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Sept. 28, 2016 PACER

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 PACER
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 PACER

Pro Hac Vice fee: $ 150, receipt number NEW031179 as to Michael Wishnie. (cm )

Oct. 13, 2016 PACER

Pro Hac Vice fee: $ 150, receipt number NEW031178 as to Muneer Ahmad. (cm )

Oct. 13, 2016 PACER
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 PACER

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 PACER
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 PACER
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 PACER

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 PACER
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 PACER
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 PACER
14

Letter from Defendant requesting additional time to respond to the complaint with plaintiffs' consent. (DHARIA, KRUTI) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
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 PACER

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 PACER
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

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2 Certificate of Service

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Nov. 7, 2016 PACER
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

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2 Declaration of Homer Salinas

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3 Declaration of Manuel Padilla, Jr.

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4 Text of Proposed Order

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Nov. 18, 2016 PACER

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 PACER
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

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Nov. 29, 2016 PACER
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 PACER

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 PACER
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 PACER
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.

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2 Exhibit Dr. Posner Decl.

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3 Exhibit Dr. Casoy Decl.

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4 Exhibit Kurzban Aff.

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Dec. 23, 2016 PACER

Pro Hac Vice fee: $ 150, receipt number NEW031832 RE: Douglas H. Lasdon. (sr, )

Dec. 27, 2016 PACER
22

Letter from the Government requesting an extension of time to submit the reply brief. (DHARIA, KRUTI) (Entered: 01/09/2017)

Jan. 9, 2017 PACER
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

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2 Certificate of Service

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Jan. 10, 2017 PACER
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 PACER
25

Letter from the Government requesting an additional 5 pages for its reply brief. (DHARIA, KRUTI) (Entered: 01/13/2017)

Jan. 13, 2017 PACER
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

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2 Certificate of Service

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Jan. 20, 2017 PACER
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 PACER
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

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Jan. 20, 2017 PACER
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 PACER
30

Letter re 21 Response in Opposition to Motion, 28 Reply to Response to Motion,. (LOYO, RUBEN) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
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 PACER
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

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2 Text of Proposed Order

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3 Certificate of Service

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March 3, 2017 PACER

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 PACER
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 PACER
34

OPINION. Signed by Judge Madeline Cox Arleo on 5/25/17. (cm, ) (Entered: 05/26/2017)

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 PACER
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 PACER
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 PACER
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 PACER
39

ANSWER to Complaint by UNITED STATES OF AMERICA. (Attachments: # 1 Certificate of Service)(DHARIA, KRUTI) (Entered: 06/28/2017)

1 Certificate of Service

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June 28, 2017 PACER
40

Letter re 38 Order, Set Hearings, Set/Clear Flags. (LUSTBERG, LAWRENCE) (Entered: 06/29/2017)

June 29, 2017 PACER
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 PACER
42

Joint Discovery Plan by SUNY YANETH RODRIGUEZ ALVARADO, A. S.R..(LOYO, RUBEN) (Entered: 08/04/2017)

Aug. 4, 2017 PACER
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

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Aug. 4, 2017 PACER
44

Discovery Confidentiality Order. Signed by Magistrate Judge Steven C. Mannion on 8/7/17. (cm, ) (Entered: 08/08/2017)

Aug. 7, 2017 PACER
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 PACER

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 PACER
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 PACER
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 PACER
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 PACER
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

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2 Text of Proposed Order

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3 Certificate of Service

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Oct. 18, 2017 PACER
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 PACER
51

STATUS REPORT Joint Agenda for Status Conference by All Plaintiffs. (LOYO, RUBEN) (Entered: 10/20/2017)

Oct. 20, 2017 PACER
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 PACER

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 PACER
53

Letter from Plaintiffs requesting an adjournment of the 12/22/17 teleconference. (LUSTBERG, LAWRENCE) (Entered: 12/15/2017)

Dec. 15, 2017 PACER
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

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Dec. 19, 2017 PACER
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 PACER
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 PACER
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 PACER

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 PACER
58

STATUS REPORT Joint Agenda for Status Conference by All Plaintiffs. (LOYO, RUBEN) (Entered: 02/22/2018)

Feb. 22, 2018 PACER
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 PACER

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 PACER
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 PACER
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 PACER

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 PACER
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

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2 Text of Proposed Order

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3 Certificate of Service

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March 28, 2018 PACER

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 PACER
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 PACER
64

STATUS REPORT Joint Agenda for May 22, 2018 Status Conference by All Plaintiffs. (LUSTBERG, LAWRENCE) (Entered: 05/17/2018)

May 17, 2018 PACER
65

TEXT ORDER: Fact disc extended to 8/31/18. Parties shall use this extension to its fullest or not seek additional time. A telephone conference is scheduled with Magistrate Judge Mannion on 8/24/2018 at 10:45 a.m. Defendant(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 5/22/18. (Mannion, Steven) (Entered: 05/22/2018)

May 22, 2018 PACER

Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Telephone Conference held on 5/22/2018. text order entered scheduling next conference for 8/24/2018 at 10:45 am (spc, )

May 22, 2018 PACER

Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Telephone Conference held on 6/8/2018. (spc, )

June 8, 2018 PACER
66

Consent MOTION to Permit Appearances of Supervised Law Student by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order, # 5 Certificate of Service)(LOYO, RUBEN) (Entered: 06/15/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Text of Proposed Order

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5 Certificate of Service

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June 15, 2018 PACER
67

ORDER Granting 66 Consent MOTION to Permit Appearances of Supervised Law Student by All Plaintiffs.. Signed by Magistrate Judge Steven C. Mannion on 6/16/2018. (JB, ) (Entered: 06/21/2018)

June 21, 2018 PACER
68

NOTICE of Appearance by REENA PARIKH on behalf of All Plaintiffs (PARIKH, REENA) (Entered: 07/30/2018)

July 30, 2018 PACER
69

Consent MOTION to Permit Appearances of Supervised Law Students by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Text of Proposed Order proposed order, # 12 Certificate of Service cert. of service)(PARIKH, REENA) (Entered: 07/30/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Text of Proposed Order proposed order

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12 Certificate of Service cert. of service

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July 30, 2018 PACER

Set/Reset Deadlines as to 69 Consent MOTION to Permit Appearances of Supervised Law Students . Motion set for 9/4/2018 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. (ld, )

July 31, 2018 PACER
70

Letter from parties joint discovery dispute letter. (Attachments: # 1 Brief in support of plaintiffs position, # 2 Exhibit to plaintiffs brief, # 3 Brief in support of government position)(PARIKH, REENA) (Entered: 08/01/2018)

1 Brief in support of plaintiffs position

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2 Exhibit to plaintiffs brief

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3 Brief in support of government position

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Aug. 1, 2018 PACER
71

NOTICE of Settlement Joint Notice of Settlement by SUNY YANETH RODRIGUEZ ALVARADO (PARIKH, REENA) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
72

ORDER: The 8/24/2018 teleconference is adjourned. A friendly hearing is scheduled for 9/12/2018 at 10:45AM. Etc. Signed by Magistrate Judge Steven C. Mannion on 8/14/2018. (fp) (Entered: 08/14/2018)

Aug. 14, 2018 PACER
73

ORDER, that Plaintiff's application for an Order Granting Aseem Mehta, Peter Menz, and Andrea Taverna leave to appear as supervised law student in this matter shall be and hereby administratively terminated pending the 9/12/2018 friendly hearing. Signed by Magistrate Judge Steven C. Mannion on 8/20/2018. (JB, ) (Entered: 08/21/2018)

Aug. 20, 2018 PACER
74

Letter from Plaintiffs regarding Law Student Appearances at Friendly Hearing. (PARIKH, REENA) (Entered: 09/01/2018)

Sept. 1, 2018 PACER
75

Letter from Plaintiffs regarding agenda for friendly hearing. (PARIKH, REENA) (Entered: 09/07/2018)

Sept. 7, 2018 PACER
76

ORDER Granting 69 Consent MOTION to Permit Appearances of Supervised Law Students, Aseem Mehta, Peter Menz, and Andrea Taverna, subject to the supervising attorney's obligation set forth in local Rule 101.1(h)(1). Signed by Magistrate Judge Steven C. Mannion on 9/10/2018. (JB, ) (Entered: 09/11/2018)

Sept. 10, 2018 PACER
77

Letter from Plaintiffs seeking continuance to friendly hearing. (PARIKH, REENA) (Entered: 09/11/2018)

Sept. 11, 2018 PACER
78

ORDER Granting 77 Letter from Plaintiffs seeking continuance to friendly hearing. Friendly hearing adjourned to 10/24/2018 03:00 PM before Magistrate Judge Steven C. Mannion.. Signed by Magistrate Judge Steven C. Mannion on 9/11/2018. (JB, ) (Entered: 09/12/2018)

Sept. 11, 2018 PACER

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

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

United States of America , Federal

United States of America , Federal

United States of America, Federal

United States of America, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $125,000

Issues

General:

Assault/abuse by staff

False arrest

Type of Facility:

Government-run

Immigration/Border:

Asylum - procedure

Detention - conditions

Detention - criteria

Detention - procedures