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

2:13-cv-04416 | U.S. District Court for the Central District of California

Filed Date: June 19, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 19, 2013, a detained plaintiff filed this class action lawsuit in the U.S. District Court for the Central District of California. Represented by the American Civil Liberties Union of Southern California and the National Day Laborer Organizing Network, as well as private counsel, plaintiff sued Immigration and Customs Enforcement (ICE). The plaintiff asked the court for declaratory and injunctive remedies and habeas corpus relief. Specifically, he alleged that ICE's practice of issuing i…

On June 19, 2013, a detained plaintiff filed this class action lawsuit in the U.S. District Court for the Central District of California. Represented by the American Civil Liberties Union of Southern California and the National Day Laborer Organizing Network, as well as private counsel, plaintiff sued Immigration and Customs Enforcement (ICE). The plaintiff asked the court for declaratory and injunctive remedies and habeas corpus relief. Specifically, he alleged that ICE's practice of issuing immigration detainers resulted in unlawful seizures and unreasonable over-detentions, in violation of the Fourth and Fifth Amendments. The plaintiff also sought class action certification for all persons who were or would be held under ICE's immigration detainer policy.

Under the Secure Communities program, ICE issued immigration detainers, also known as holds, to individuals in the custody of federal, state, and local law enforcement agencies. When issuing a detainer, ICE requested that the agency hold the individual for 48 business hours (excluding weekends and holidays) past the time he or she would otherwise be released from criminal custody. During this time, ICE would investigate whether the individual was subject to immigration removal. If so, ICE could assume physical custody. The plaintiff argued that ICE's immigration detainer practice violated the Fourth Amendment, as it initiated a seizure without probable cause for a reason unrelated to the initial criminal custody. According to plaintiff, ICE -- contrary to stated policy -- in practice did not require probable cause for issuing a detainer and often did not investigate removability until after the individual was already in ICE's physical custody. An individual could not contest ICE's determination of removability until he or she had already been detained.

The plaintiff alleged he was a natural-born United States citizen, was detained and awaiting trial in a Los Angeles County jail on a criminal charge, and subsequently was detained in ICE custody. Despite ample evidence of his U.S. citizenship, the plaintiff alleged that ICE issued an immigration detainer on him, based on an erroneous belief that he was a Mexican national.

The case was assigned to Judge Beverly Reid O'Connell. On Sept. 18, 2013, the plaintiff filed a second amended complaint. This document stated that the first plaintiff had been released from ICE custody shortly after the first complaint had been filed. The second amended complaint also added another plaintiff, a naturalized U.S. citizen for whom ICE had also issued an immigration detainer and later released.

On July 28, 2014, Judge O'Connell granted defendants' March 10, 2014 motion to dismiss the second amended complaint, but allowed the plaintiffs leave to amend. Although Judge O'Connell found that the plaintiffs had suffered injuries directly traceable to ICE, and had been in ICE's custody for habeas purposes, the plaintiffs were unlikely to reenter ICE custody and therefore lacked standing to seek prospective injunctive relief. But they still had standing to seek certain injunctive relief, because they had sufficiently pleaded a claim that ICE's detainer practices were ultra vires; their claims were not moot even after ICE canceled their detainers. 2014 WL 12605368 (C.D. Cal. July 28, 2014).

On August 18, 2014, the plaintiffs filed a third amended complaint. According to plaintiffs, immigration detainers, in addition to creating unconstitutional detentions, also harmed criminal defendants by constraining their ability to post bail, negotiate for plea arrangements, and qualify for beneficial jail or prison classifications and work programs. In addition to the claims in the first complaint, the plaintiffs added another Fourth Amendment violation (detention without prompt judicial probable cause determination) and another Fifth Amendment violation (procedural due process). Another claim alleged that defendants had exceeded their statutory authority under the Administrative Procedure Act and the Immigration and Nationality Act, by requiring local enforcement agencies to make warrantless arrests on ICE's behalf. As in the first complaint, plaintiffs requested injunctive, declaratory, and habeas relief. On the same day as they filed the third amended complaint, the plaintiffs requested class action certification for all persons in Los Angeles County who were or would be subject to immigration detainers.

On October 24, 2014, Judge O'Connell issued an order granting in part defendants' September 15, 2014 motion to dismiss and denying without prejudice plaintiffs' August 18, 2014 motion for class certification. Judge O'Connell held that while the plaintiffs' request for class certification was premature, they could move again for class certification later. Although the plaintiffs had failed to establish likely prospective injury, they were suffering an ongoing injury when they filed suit, and they could bring in additional plaintiffs who were as well. 2014 WL 12605369 (C.D. Cal. Oct. 24, 2014).

On July 28, 2015, Judge O'Connell granted motions to consolidate the case with a related case, Duncan Roy et al. v. County of Los Angeles et. al., Docket No. 2:12-cv-09012 (C.D. Cal. Oct. 19, 2012). Roy was a class action on behalf of individuals in the custody of the Los Angeles County Sheriff's Department and who were denied bail or release due to an immigration detainer. 2015 WL 12743601 (C.D. Cal. July 28, 2015). The motions to consolidate were brought by the County of Los Angeles and the Los Angeles County Sheriff. Both groups of plaintiffs and ICE objected to LASD's motion on the grounds that the cases involved different defendants and substantially different legal issues and factual questions about defendants' liability. Judge O'Connell overruled these objections and ordered consolidation for pretrial purposes because the two cases both concerned the legality of ICE detainers and the specific issue of whether they must be supported by individual probable cause determinations.

After consolidation, on September 9, 2016, Judge O'Connell granted in part and denied in part plaintiffs' motions for class certification. For the Gonzalez plaintiffs specifically, the court certified the class of all persons subject to an immigration detainer in the Central District of California, but who are not in removal proceedings or have not been ordered removed. 2016 WL 5219468 (C.D. Cal. 2016). This class was further limited to persons where the detainer was issued solely on the basis of electronic database checks. The Gonzalez plaintiffs were also referred to as the Probable Cause subclass.

For post-consolidation activity, see this Clearinghouse page about the Roy plaintiffs.

On June 12, 2017, Judge O'Connell denied the plaintiffs' motion for partial summary judgment, filed by two of the Gonzalez plaintiffs. They had asked the court to end ICE’s use of detainers for over 48 hours with no judicial determination of probable cause for this detention, which the plaintiffs alleged violated the Fourth Amendment. Judge O'Connell disagreed, holding that the Fourth Amendment did not require a judge to review ICE officers' probable-cause determinations, because these were civil and not criminal proceedings. Judge O'Connell thus granted summary judgment to the defendants on this issue. 2017 WL 2559616 (C.D. Cal. June 12, 2017).

This case was transferred to Judge Percy Anderson on October 18, 2017, and then transferred again on November 1 to Judge Andre Birotte, Jr.

From late-summer to the beginning of winter 2018, the parties litigated various filing deadlines, further consolidation of the cases, and timing of the trial, and the Roy case was undergoing mediation proceedings. The two cases were to remain consolidated until the conclusion of a trial in either case.

On February 7, 2018, Judge Birotte issued an order. 2018 WL 914773 (C.D. Cal. 2018). First, as to Gonzalez, he denied the Gonzalez defendants' motion to dismiss and for summary judgment, while granting in part and denying in part the Gonzalez plaintiffs' motion for summary judgment. He held that the Court had subject-matter jurisdiction because the Gonzalez plaintiffs' claim did not arise from removal proceedings (under the jurisdiction of the Immigration Court). Rather, ICE issued the detainers to the plaintiffs independent of removal proceedings. Judge Birotte also denied summary judgment as to the Gonzalez probable-cause subclass, because a factual dispute existed as to whether ICE databases were complete and reliable enough to be a sufficient source for the probable-cause determination. Additionally, Judge Birotte held that several Gonzalez subclasses' claims—based on policies that ICE claimed to have ended—were not moot because ICE had not met its heavy burden of establishing it would not resume its practice of issuing warrantless detentions to these groups.

On March 2, 2018, both the Roy and Gonzalez plaintiffs moved to modify the class definition. On March 30, the defendant opposed this motion and also moved for class decertification; the plaintiff replied on April 9. The defendant also, on March 13, moved for reconsideration of the court's order, but Judge Birotte denied this motion on April 18.

On April 18, 2018, Judge Birotte denied the Gonzalez defendants' motion to reconsider the February motion for partial summary judgment in favor of the plaintiffs' subclass.

In light of the court’s April 18, 2018, decision, ICE cancelled all active detainers issued without a warrant by an ICE officer on November 9, 2018.

After being rescheduled several times, the Gonzalez trial took place on May 7 through May 16, 2019.

On June 21, 2019, the Gonzalez plaintiffs filed a motion for a permanent injunction as to the claims decided in the February 7, 2018, summary judgment decision. In that order, the court held that ICE violated the Fourth Amendment when it issued detainers based on no more than evidence of a person's foreign place of birth. The court also held that ICE violated its warrantless arrest authority when it issued detainers without determining that a person was likely to escape before an administrative ICE warrant can be obtained. The plaintiffs argued that a permanent injunction enjoining the detainer practice was appropriate because class members "continue[d] to be subject ... to arrests pursuant to detainers based solely on evidence of foreign birth and an absence of information in DHS databases and to warrantless arrest without any individualized assessment of flight risk."

On September 27, 2019, Judge Birotte denied the motion for a permanent injunction. Judge Birotte held that "the Court is not persuaded that Plaintiffs have provided support for their bare assertion that the Subclasses are still in threat of continuing violations." Judge Birotte reasoned that given its new detainer policy and the November 18, 2018, decision to cancel all active detainers, ICE has evidenced compliance with the summary judgment and that a permanent injunction was unnecessary. 416 F. Supp. 3d 995.

On February 5, 2020, Judge Birotte issued a final judgment resolving all claims regarding the Gonzalez suit. Judge Birotte found in favor of plaintiff and the Probable Cause subclass on their claims that defendants violated the Fourth Amendment by (1) issuing detainers based on probable-cause determinations from unreliable database searches alone and (2) by issuing detainers based on probable-cause determinations from evidence of foreign place of birth and no match in a federal immigration database. Judgment was also entered in favor of plaintiff and the Probable Cause Subclass on their claim that defendants violated the Fourth Amendment by issuing detainers to state and local law enforcement agencies in states that do not expressly authorize civil immigration arrests in state statutes. Judge Birotte found in favor of the plaintiff and the Statutory subclass on their claim that defendants violated 8 U.S.C. § 1357(a)(2) by issuing detainers without either issuing an administrative warrant or determining that a person "'is likely to escape before a warrant can be obtained for [their] arrest.'"

Judge Birotte permanently enjoined the defendants from issuing detainers to the Probable Cause Subclass members based solely on unreliable database searches and from issuing detainers seeking the detention of Probable Cause Subclass members to law enforcement agencies not authorized to make arrests based on detainers only.

On February 14, 2020, the defendants appealed the district court's final judgment regarding the permanent injunctions to the Ninth Circuit (Docket No. 20-55175).

Meanwhile, on February 17, 2020, in the district court, the defendants filed an emergency application to stay the final judgment and permanent injunction pending appeal to the Ninth Circuit. Judge Birotte denied the defendants' application to stay on February 20, 2020. One day later, in the Ninth Circuit, the defendants filed an emergency motion for immediate administrative stay and motion for stay pending appeal, citing irreparable harm to the government caused by the injunction and arguing that a brief stay would not harm the plaintiffs. A Ninth Circuit panel (Circuit Judges William Canby, Ronald Gould, and Paul Watford) denied the immediate administrative stay on February 24, 2020. A week later, on March 2, 2020, the Ninth Circuit panel issued an order granting in part and denying in part the defendants' emergency motion for stay pending appeal. The panel granted the motion to stay regarding the portion of the injunction enjoining defendants from “issuing detainers seeking the detention of Probable Cause Subclass members to law enforcement agencies in states that lack state law permitting state and local law enforcement agencies to make civil immigration arrests based on civil immigration detainers only.” The panel denied the motion to stay in all other respects.

As the Gonzalez trial had concluded, the parties stipulated to de-consolidate Roy and Gonzalez, and the district court ordered the cases de-consolidated on March 18, 2020.

On September 11, 2020, the Ninth Circuit affirmed in part and reversed in part the district court's permanent injunction decision in Gonzalez. First, the Ninth Circuit panel (Circuit Judges Milan Smith, John Owens, and Bridget Bade) held that the plaintiff had standing to seek prospective injunctive relief when he initially brought the suit, and also upheld certification of the Probable Cause subclass. Second, the court reversed and vacated the injunction against issuing detainers to local law enforcement in states that lack laws allowing local law enforcement to make immigration arrests. It reasoned that the presence or absence of probable cause rather than state law determines whether issuance of a detainer violates the Fourth Amendment. Third, the court reversed and vacated the injunction against issuing detainers solely based on searches of electronic databases to make a probable cause determination because the district court erroneously concluded that databases not designed to establish probable cause were unreliable. The panel found three errors in the district court's ruling on this matter: (1) the district court’s incomplete set of reliability findings concerning the databases at issue; (2) the district court’s legal error in concluding that the databases are unreliable because no database was intended to show probable cause of removability; and (3) the district court’s failure to address whether there was systemic error in ICE’s probable cause determinations based on searches of the databases. The court remanded this issue for the district court's reconsideration on these three grounds. Fourth, the court held that the Fourth Amendment required a prompt probable cause determination before a neutral magistrate, reversing the district court's conclusion that this requirement did not apply to immigration detainers. 975 F.3d 788. Additionally, the plaintiffs had also filed a cross-appeal on a summary judgment issue, and this panel reversed the district court; because the Fourth Amendment required probable cause to seize or detain an individual for a civil immigration offense, the Fourth Amendment required a prompt probable cause determination by a neutral and detached magistrate to justify continued detention pursuant to an immigration detainer.

On April 19, 2021 the Ninth Circuit Court of Appeals judgment took effect and the case began remand proceedings. As of September 22, 2021 this case is ongoing back in the district court.

Summary Authors

Ava Morgenstern (11/28/2017)

Caitlin Kierum (11/22/2019)

Hannah Shilling (9/22/2021)

Related Cases

Roy v. Los Angeles County, Central District of California (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4150220/parties/gerardo-gonzalez-v-immigration-and-customs-enforcement/


Judge(s)

Bade, Bridget Shelton (Arizona)

Birotte, Andre Jr. (California)

Mumm, Frederick F. (California)

O'Connell, Beverly Reid (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Battles, Lindsay B. (California)

Bibring, Peter (California)

Danjuma, R. Orion (California)

Judge(s)

Bade, Bridget Shelton (Arizona)

Birotte, Andre Jr. (California)

Mumm, Frederick F. (California)

O'Connell, Beverly Reid (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Battles, Lindsay B. (California)

Bibring, Peter (California)

Danjuma, R. Orion (California)

Desormeau, Katherine (California)

Eliasberg, Peter J. (California)

Fleming, Mark (Illinois)

Jadwat, Omar C. (New York)

Litt, Barrett S. (California)

Loyo, Ruben (Illinois)

McKinney, Zoe N. (California)

Newman, Chris (California)

Pasquarella, Jennifer (California)

Tajsar, Mohammad K. (California)

Traverso, Katherine M. (California)

Wang, Cecillia D (California)

Wells, Jordan (California)

Attorneys(s) for Defendant

Belsan, Timothy Michael (District of Columbia)

Inkeles, John Joseph William (District of Columbia)

Murley, Nicole N. (District of Columbia)

Newkirk, Gary (District of Columbia)

Reuveni, Erez (District of Columbia)

Weintraub, J. Max (District of Columbia)

Other Attorney(s)

Clark, Justin W. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Gonzalez v. Immigration and Customs Enforcement

Sept. 15, 2021 Docket
1

Complaint for Injunctive and Declaratory Relief and Petition for Writ of Habeas Corpus

Gonzalez v. Immigration and Customs Enforcement

June 19, 2013 Complaint
42

Order Granting Defendants' Motion to Dismiss

Gonzalez v. Immigration and Customs Enforcement

2014 WL 12605368

July 28, 2014 Order/Opinion
44

Third Amended Complaint for Injunctive and Declaratory Relief and Petition for Writ of Habeas Corpus

Gonzalez v. Immigration and Customs Enforcement

Aug. 18, 2014 Complaint
61

Order Granting in Part Defendants' Motion to to Dismiss [53] and Denying Plaintiffs' Motion for Class Certification [45]

Gonzalez v. Immigration and Customs Enforcement

2014 WL 12605369

Oct. 24, 2014 Order/Opinion
95

Order Granting Motions to Consolidate

Gonzalez v. Immigration and Customs Enforcement

2015 WL 12743601

July 28, 2015 Order/Opinion
96

Order Re Plaintiffs' Motion for Class Certification

Gonzalez v. Immigration and Customs Enforcement

2016 WL 5219468

Sept. 9, 2016 Order/Opinion
264

Order re: Plaintiffs' Motion for Partial Summary Judgment [219]

Roy v. County of Los Angeles

2017 WL 2559616

June 12, 2017 Order/Opinion
346

Order re: Defendants' Motion to Dismiss and Motion for Partial Summary Judgment

Roy v. County of Los Angeles

2018 WL 914773

Feb. 7, 2018 Order/Opinion
378

Order Denying Defendants' Motion Under LR 7-18 to Reconsider the Court's February 7, 2018 Order

Roy v. County of Los Angeles

April 18, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4150220/gerardo-gonzalez-v-immigration-and-customs-enforcement/

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

ECF Number Description Date Link
1

COMPLAINT against Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier. Case assigned to Judge Gary A. Feess for all further proceedings. Discovery referred to Magistrate Judge Andrew J Wistrich.(Filing fee $ 400 PAID), filed by plaintiff Gerardo Gonzalez.(car) (esa). (Entered: 06/21/2013)

June 19, 2013 RECAP
2

60 DAY Summons Issued re Complaint, 1 as to Defendant Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier. (car) (Entered: 06/21/2013)

June 19, 2013 PACER
3

NOTICE of Interested Parties filed by Plaintiff Gerardo Gonzalez. (car) (esa). (Entered: 06/21/2013)

June 19, 2013 PACER
4

NOTICE of Related Case(s) filed by plaintiff Gerardo Gonzalez. Related Case(s): 2:12-cv-9012-BRO-FFM (car) (esa). (Entered: 06/21/2013)

June 19, 2013 PACER
5

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(car) (Entered: 06/21/2013)

June 19, 2013 PACER
6

NOTICE of Appearance filed by attorney Jacob Max Weintraub on behalf of Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier (Weintraub, Jacob) (Entered: 07/01/2013)

July 1, 2013 PACER
7

NOTICE of Appearance filed by attorney Timothy Michael Belsan on behalf of Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier (Belsan, Timothy) (Entered: 07/01/2013)

July 1, 2013 PACER
8

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-09012 BRO(FFMx). Case transferred from Judge Gary A. Feess and Magistrate Judge Andrew J. Wistrich to Judge Beverly Reid O'Connell and Magistrate Judge Frederick F. Mumm for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 13-04416 BRO (FFMx). Signed by Judge Beverly Reid O'Connell (rn) (Entered: 07/01/2013)

July 1, 2013 RECAP
9

TEXT ONLY ENTRY (IN CHAMBERS): Judge Beverly Reid O'Connell is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at BRO_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(adu) TEXT ONLY ENTRY (Entered: 07/09/2013)

July 9, 2013 PACER
10

FIRST AMENDED COMPLAINT against defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier amending Complaint 1,filed by Plaintiffs Gerardo Gonzalez, Simon Chinivizyan. (jp) (jp). (Entered: 07/18/2013)

July 10, 2013 PACER
11

60 DAY Summons Issued on First Amended Complaint 10 as to Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier. (jp) (Entered: 07/19/2013)

July 10, 2013 PACER
12

Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendant David Marin, John Morton, Immigration and Customs Enforcement, David C. Palmatier.(Belsan, Timothy) (Entered: 07/25/2013)

July 25, 2013 PACER
13

NOTICE OF LODGING filed re Stipulation Extending Time to Answer (30 days or less) 12 (Attachments: # 1 Proposed Order)(Belsan, Timothy) (Entered: 07/25/2013)

July 25, 2013 PACER
14

ORDER by Judge Beverly Reid O'Connell. Pursuant to the parties Joint Stipulation to Extend Time to Respond to First Amended Complaint 12 and for the reasons stated therein, and for good cause shown, IT IS HEREBY ORDERED that Defendants response is due on or before 9/9/2013. (jp) (Entered: 07/26/2013)

July 26, 2013 PACER
15

NOTICE of Appearance filed by attorney Rodkangyil Orion Danjuma on behalf of Plaintiffs Simon Chinivizyan, Gerardo Gonzalez (Danjuma, Rodkangyil) (Entered: 08/21/2013)

Aug. 21, 2013 PACER
16

NOTICE of Appearance filed by attorney Katherine K Desormeau on behalf of Plaintiff Gerardo Gonzalez (Desormeau, Katherine) (Entered: 08/21/2013)

Aug. 21, 2013 PACER
17

NOTICE OF MOTION AND MOTION for attorney Omar C. Jadwat to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12586818 paid.) filed by plaintiff Gerardo Gonzalez. (Attachments: # 1 Proposed Order)(Desormeau, Katherine) (Entered: 08/21/2013)

Aug. 21, 2013 PACER
18

NOTICE of Appearance filed by attorney Cecillia D Wang on behalf of Plaintiff Gerardo Gonzalez (Wang, Cecillia) (Entered: 08/21/2013)

Aug. 21, 2013 PACER
19

ORDER by Judge Beverly Reid O'Connell: granting 17 Motion to Appear Pro Hac Vice by Attorney Omar C. Jadwat on behalf of Plaintiff, designating Katherine K. Desormeau as local counsel. (lt) (Entered: 08/23/2013)

Aug. 23, 2013 PACER
20

STIPULATION for Leave to File Second Amended Complaint filed by plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Exhibit A, # 2 Proposed Order Granting Leave to File Second Amended Complaint)(Eliasberg, Peter) (Entered: 09/09/2013)

Sept. 9, 2013 PACER
21

ORDER by Judge Beverly Reid O'Connell, re Stipulation for Leave 20 The Court hereby ORDERS as follows: That Plaintiffs have leave to file their Second Amended Complaint and that the attached Exhibit be filed as their Second Amended Complaint. That Defendants shall have 60 days from the entry of this order to move to dismiss, to answer, or to otherwise respond to Plaintiffs Second Amended Complaint. That the time for Plaintiffs to file a motion for class certification shall be extended until 60 days after the Court has ruled on any motion to dismiss filed by Defendants under Federal Rule of Civil Procedure 12, or if Defendants do not file a motion to dismiss, until 60 days after Defendants file their answer (rfi) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
22

NOTICE of Manual Filing filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez of Second Amended Complaint. (Eliasberg, Peter) (Entered: 09/18/2013)

Sept. 18, 2013 PACER
23

NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying Gerardo Gonzalez; Simon Chinivizyan; Immigration and Customs Enforcement; John Sandweg; David Marin; David C. Palmatier. (Eliasberg, Peter) (Entered: 09/18/2013)

Sept. 18, 2013 PACER
24

SECOND AMENDED COMPLAINT against Defendants Immigration and Customs Enforcement, David Marin, David C. Palmatier, John Sandweg; Party John Morton (in his official capacity) terminated amending Amended Complaint, 10,filed by Plaintiffs Gerardo Gonzalez, Simon Chinivizyan (bp) (Entered: 09/19/2013)

Sept. 18, 2013 PACER
25

STIPULATION for Extension of Time to File Answer re Amended Complaint, 24 filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg. (Attachments: # 1 Proposed Order)(Attorney Jacob Max Weintraub added to party John Sandweg(pty:dft))(Weintraub, Jacob) (Entered: 11/12/2013)

Nov. 12, 2013 PACER
26

ORDER by Judge Beverly Reid O'Connell, re Stipulation to Extend Time to Answer (More than 30 days), 25 IT IS HEREBY ORDERED that Defendants response is due on or before January 13, 2014, and the time for Plaintiffs to file a motion for class certification shall be extended until 60 days after the Court has ruled on any motion to dismiss filed by Defendants under Federal Rule of Civil Procedure 12, or if Defendants do not file a motion to dismiss, until 60 days after Defendants file their answer. (rfi) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
27

STIPULATION for Extension of Time to File Answer or other response to Second Amended Complaint filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg. (Attachments: # 1 Proposed Order)(Weintraub, Jacob) (Entered: 01/10/2014)

Jan. 10, 2014 PACER
28

ORDER by Judge Beverly Reid O'Connell, re Stipulation for Extension of Time to File, 27 IT IS HEREBY ORDERED that Defendants response is due on or before March 10, 2014, and the time for Plaintiffs to file a motion forclass certification shall be extended until 60 days after the Court has ruled on any motion to dismiss filed by Defendants under Federal Rule of Civil Procedure 12, or if Defendants do not file a motion to dismiss, until 60 days after Defendants file their answer. (rfi) (Entered: 01/10/2014)

Jan. 10, 2014 PACER
29

NOTICE of Appearance filed by attorney Nicole N Murley on behalf of Defendants Immigration and Customs Enforcement, David Marin, David C. Palmatier, John Sandweg (Attorney Nicole N Murley added to party Immigration and Customs Enforcement(pty:dft), Attorney Nicole N Murley added to party David Marin(pty:dft), Attorney Nicole N Murley added to party David C. Palmatier(pty:dft), Attorney Nicole N Murley added to party John Sandweg(pty:dft))(Murley, Nicole) (Entered: 02/28/2014)

Feb. 28, 2014 PACER
30

(Attorney Gary Newkirk added to party Immigration and Customs Enforcement(pty:dft), Attorney Gary Newkirk added to party David Marin(pty:dft), Attorney Gary Newkirk added to party John Morton(pty:dft), Attorney Gary Newkirk added to party David C. Palmatier(pty:dft), Attorney Gary Newkirk added to party John Sandweg(pty:dft))(Newkirk, Gary) (Entered: 03/04/2014)

March 4, 2014 PACER
31

NOTICE OF MOTION AND MOTION to Dismiss Case & Memorandum of Points and Authorities in Support filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg. Motion set for hearing on 6/16/2014 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Exhibits 1-4, # 2 Proposed Order)(Attorney Timothy Michael Belsan added to party John Sandweg(pty:dft))(Belsan, Timothy) (Entered: 03/10/2014)

March 10, 2014 PACER
32

STIPULATION for Extension of Time to File Response as to MOTION to Dismiss Case & Memorandum of Points and Authorities in Support 31 filed by plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Proposed Order Granting Stipulation to Extend Time for Plaintiffs to Respond to Defendants' Motion to Dismiss)(Pasquarella, Jennifer) (Entered: 03/11/2014)

March 11, 2014 PACER
33

ORDER by Judge Beverly Reid O'Connell, re Stipulation for Extension of Time to File Response/Reply, 32 . IT IS HEREBY ORDERED that Plaintiffs' opposition is due on or before May 12, 2014, and Defendants' reply is due on or before June 2, 2014. (rfi) (Entered: 03/12/2014)

March 12, 2014 PACER
34

OPPOSITION to MOTION to Dismiss Case & Memorandum of Points and Authorities in Support 31 filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Pasquarella, Jennifer) (Entered: 05/12/2014)

May 12, 2014 PACER
35

REQUEST FOR JUDICIAL NOTICE In Support of Plaintiffs' Opposition to Motion to Dismiss filed by PLAINTIFF Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pasquarella, Jennifer) (Entered: 05/12/2014)

May 12, 2014 PACER
36

NOTICE OF ERRATA filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. correcting Request for Judicial Notice 35 (Attachments: # 1 Exhibit B)(Pasquarella, Jennifer) (Entered: 05/12/2014)

May 12, 2014 PACER
37

Joint STIPULATION for Extension of Time to File Reply as to MOTION to Dismiss Case & Memorandum of Points and Authorities in Support 31 filed by plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Proposed Order Granting Stipulation to Extend Deadline To File Reply Brief And Hearing Date re: Motion to Dismiss)(Pasquarella, Jennifer) (Entered: 05/28/2014)

May 28, 2014 PACER
38

ORDER by Judge Beverly Reid O'Connell, re Stipulation for Extension of Time to File Response/Reply, 37 IT IS HEREBY ORDERED that Plaintiffs' Reply Brief is due on or before June 16, 2014, and date of the hearing is hereby extended to Monday, July 28, 2014 at 1:30 p.m. (rfi) (Entered: 05/29/2014)

May 29, 2014 PACER
39

REPLY in support of MOTION to Dismiss Case & Memorandum of Points and Authorities in Support 31 filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg. (Belsan, Timothy) (Entered: 06/16/2014)

June 16, 2014 PACER
40

NOTICE of Change of Attorney Business or Contact Information: for attorney Jessica Karp Bansal counsel for Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. Filed by Plaintiffs Gonzalez et al. (Bansal, Jessica) (Entered: 06/27/2014)

June 27, 2014 PACER
41

SCHEDULING NOTICE by Judge Beverly Reid O'Connell. ORDER VACATING HEARING. The Court has pending, DEFENDANTS' MOTION TO DISMISS (filed 3/10/2014) 31 The Court concludes that the matter is appropriate for resolution without the argument of counsel. Accordingly, the hearing previously scheduled for Monday, July 28, 2014 at 1:30 p.m., is hereby VACATED. Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. IT IS SO ORDERED THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY (Entered: 07/25/2014)

July 25, 2014 PACER
42

MINUTES (IN CHAMBERS): ORDER by Judge Beverly Reid O'Connell: ICE's motion to dismiss is GRANTED. The SAC is dismissed with leave to file a Third Amended Complaint by August 18, 2014. IT IS SO ORDERED. 31 (rfi) (Entered: 07/28/2014)

July 28, 2014 PACER
43

NOTICE of Filing Third Amended Complaint filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Pasquarella, Jennifer) (Entered: 08/18/2014)

Aug. 18, 2014 PACER
44

THIRD AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint, 24, filed by Plaintiffs Gerardo Gonzalez, Simon Chinivizyan (Attachments: # 1 Exhibit A through F)(Pasquarella, Jennifer) (Entered: 08/18/2014)

Aug. 18, 2014 PACER
45

NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. Motion set for hearing on 9/15/2014 at 01:30 PM before Judge Beverly Reid O'Connell. (Pasquarella, Jennifer) (Entered: 08/18/2014)

Aug. 18, 2014 PACER
46

MEMORANDUM in Support of MOTION to Certify Class 45 filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Class Certification)(Pasquarella, Jennifer) (Entered: 08/18/2014)

Aug. 18, 2014 PACER
47

DECLARATION of Barry Litt in support of MOTION to Certify Class 45 filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Pasquarella, Jennifer) (Entered: 08/18/2014)

Aug. 18, 2014 PACER
48

DECLARATION of Karen Siciliano Lucas in support of MOTION to Certify Class 45 filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Pasquarella, Jennifer) (Entered: 08/18/2014)

Aug. 18, 2014 PACER
49

DECLARATION of Peter Markowitz in support of MOTION to Certify Class 45 filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Pasquarella, Jennifer) (Entered: 08/18/2014)

Aug. 18, 2014 PACER
50

DECLARATION of Jennifer Pasquarella in support of MOTION to Certify Class 45 filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Exhibit A-J)(Pasquarella, Jennifer) (Entered: 08/18/2014)

Aug. 18, 2014 PACER
51

Joint STIPULATION to Reset filed by Plaintiff Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Proposed Order)(Pasquarella, Jennifer) (Entered: 08/28/2014)

Aug. 28, 2014 PACER
52

ORDER by Judge Beverly Reid O'Connell, re Stipulation to Reset 51 The date of hearing on Plaintiffs' Motion for Class Certification and Defendants' Motion to Dismiss is extended to October 20, 2014 at 1:30 pm (rfi) (Entered: 08/29/2014)

Aug. 29, 2014 PACER
53

NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction & Memorandum of Points and Authorities in Support filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg, Thomas Winkowski. Motion set for hearing on 10/27/2014 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Exhibits, # 2 Proposed Order)(Attorney Timothy Michael Belsan added to party Thomas Winkowski(pty:dft))(Belsan, Timothy) (Entered: 09/15/2014)

Sept. 15, 2014 PACER
54

Joint STIPULATION to Reset filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg, Thomas Winkowski. (Attachments: # 1 Proposed Order)(Attorney Jacob Max Weintraub added to party Thomas Winkowski(pty:dft))(Weintraub, Jacob) (Entered: 09/16/2014)

Sept. 16, 2014 PACER
55

ORDER by Judge Beverly Reid O'Connell, re Stipulation to Reset, 54 IT IS HEREBY ORDERED that the date of the hearing on Plaintiffs Motion for Class Certification and Defendants Motion to Dismiss the Third Amendment Complaint will be heard on October 27, 2014 at 1:30 p.m. IT IS SO ORDERED. (rfi) (Entered: 09/17/2014)

Sept. 17, 2014 PACER
56

OPPOSITION to MOTION to Certify Class 45 filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg, Thomas Winkowski. (Belsan, Timothy) (Entered: 09/22/2014)

Sept. 22, 2014 PACER
57

MEMORANDUM in Opposition to MOTION to Dismiss for Lack of Jurisdiction & Memorandum of Points and Authorities in Support 53 filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Pasquarella, Jennifer) (Entered: 09/29/2014)

Sept. 29, 2014 PACER
58

REQUEST FOR JUDICIAL NOTICE re Plaintiffs' Opposition to Motion to Dismiss filed by plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Exhibit A)(Pasquarella, Jennifer) (Entered: 09/29/2014)

Sept. 29, 2014 PACER
59

REPLY MOTION to Dismiss for Lack of Jurisdiction & Memorandum of Points and Authorities in Support 53 filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg, Thomas Winkowski. (Weintraub, Jacob) (Entered: 10/06/2014)

Oct. 6, 2014 PACER
60

REPLY In Support of MOTION to Certify Class 45 filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Pasquarella, Jennifer) (Entered: 10/06/2014)

Oct. 6, 2014 PACER
61

MINUTES IN CHAMBERS: ORDER by Judge Beverly Reid O'Connell: Defendants' motion to dismiss is GRANTED in part. Plaintiffs' second prayer for relief is DISMISSED without prejudice. Plaintiffs must file an amended complaint by no later than Friday, November 7, at 12 p.m. Plaintiffs' motion for class certification is DENIED without prejudice. The hearing scheduled for Monday, October 27 is hereby VACATED. IT IS SO ORDERED 45 53 (rfi) (Entered: 10/24/2014)

Oct. 24, 2014 RECAP
62

Notice of Appearance or Withdrawal of Counsel: for attorney Rodkangyil Orion Danjuma counsel for Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. Rodkangyil Orion Danjuma is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Gerardo Gonzalez and Simon Chinivizyan. (Danjuma, Rodkangyil) (Entered: 10/24/2014)

Oct. 24, 2014 PACER
63

NOTICE RE FILING AN AMENDED COMPLAINT AND REQUEST FOR CLARIFICATION REGARDING CLASS CERTIFICATION TIMING filed by plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Pasquarella, Jennifer) (Entered: 11/07/2014)

Nov. 7, 2014 PACER
64

ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE AND JOINT REPORT by Judge Beverly Reid O'Connell. Scheduling Conference is set for 1/26/2015 at 1:30 PM before Judge Beverly Reid O'Connell. (kss) (Entered: 11/13/2014)

Nov. 13, 2014 PACER
65

Joint STIPULATION to Reschedule Rule 26 Scheduling Conference filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg, Thomas Winkowski. (Attachments: # 1 Proposed Order)(Weintraub, Jacob) (Entered: 11/17/2014)

Nov. 17, 2014 PACER
66

ORDER GRANTING JOINT STIPULATION TO CHANGE THE SCHEDULING CONFERENCE DATE by Judge Beverly Reid O'Connell. IT IS HEREBY ORDERED that the Rule 26 Scheduling Conference is rescheduled to January 12, 2015 at 1:30 p.m. (rfi) (Entered: 11/19/2014)

Nov. 19, 2014 PACER
67

Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, re Amended Complaint 44 filed by Defendants David Marin, Immigration and Customs Enforcement, David C. Palmatier, John Sandweg, John Morton, Thomas Winkowski. (Attachments: # 1 Proposed Order)(Weintraub, Jacob) (Entered: 11/21/2014)

Nov. 21, 2014 PACER
68

ORDER by Judge Beverly Reid O'Connell, re Stipulation Extending Time to Answer (30 days or less). IT IS HEREBY ORDERED that Defendants have until December 5, 2014, to answer the third amended complaint. 67 (rfi) (Entered: 12/02/2014)

Dec. 2, 2014 PACER
69

Joint STIPULATION to Reset filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg, Thomas Winkowski. (Attachments: # 1 Proposed Order)(Weintraub, Jacob) (Entered: 12/02/2014)

Dec. 2, 2014 PACER
70

ORDER GRANTING JOINT STIPULATION TO HOLD MATTER IN ABEYANCE FOR 30 DAYS by Judge Beverly Reid O'Connell, re Stipulation to Reset 69, Defendants' answer or other responsive pleading shall be due on January 5, 2014; Plaintiffs' class certification motion shall be due on January 22, 2014 and the status conference currently scheduled for January 12, 2014 is continued to March 23, 2015 at 1:30 pm (rfi) (Entered: 12/02/2014)

Dec. 2, 2014 PACER
71

Joint STIPULATION to Reset filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg, Thomas Winkowski. (Attachments: # 1 Proposed Order)(Weintraub, Jacob) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
72

ORDER by Judge Beverly Reid O'Connell, re Stipulation 71 IS HEREBY ORDERED that this matter be held in abeyance for and that all pending deadlines be extended by 30 days. In particular, Defendants' answer or other responsive pleading shall be due on February 4, 2015; Plaintiffs class certification motion shall be due on March 4, 2015. IT IS SO ORDERED (rfi) (Entered: 12/23/2014)

Dec. 23, 2014 PACER
73

ANSWER to Amended Complaint 44 filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg, Thomas Winkowski.(Belsan, Timothy) (Entered: 02/04/2015)

Feb. 4, 2015 PACER
74

Joint STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Proposed Order)(Attorney Katherine K Desormeau added to party Simon Chinivizyan(pty:pla))(Desormeau, Katherine) (Entered: 02/24/2015)

Feb. 24, 2015 PACER
75

ORDER GRANTING JOINT STIPULATION TO EXTEND TIME FOR PLAINTIFFS TO FILE MOTION FOR CLASS CERTIFICATION by Judge Beverly Reid O'Connell, re Stipulation for Extension of Time to File, 74 IT IS HEREBY ORDERED that Plaintiffs motion for class certification motion shall be due 28 days before the last day for hearing motions. (rfi) (Entered: 02/26/2015)

Feb. 26, 2015 PACER
76

Joint STIPULATION for Extension of Time to File Rule 26(f) Report filed by plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Proposed Order GRANTING JOINT STIPULATION TO EXTEND DEADLINE TO FILE RULE 26(F) REPORT)(Bansal, Jessica) (Entered: 03/05/2015)

March 5, 2015 PACER
77

NOTICE of Appearance filed by attorney Katherine M Traverso on behalf of Plaintiffs Simon Chinivizyan, Gerardo Gonzalez (Attorney Katherine M Traverso added to party Simon Chinivizyan(pty:pla), Attorney Katherine M Traverso added to party Gerardo Gonzalez(pty:pla))(Traverso, Katherine) (Entered: 03/05/2015)

March 5, 2015 PACER
78

ORDER GRANTING JOINT STIPULATION TO EXTEND DEADLINE TO FILE RULE 26(F)REPORT by Judge Beverly Reid O'Connell, re Stipulation for Extension of Time to File, 76 IT IS HEREBY ORDERED that Parties Rule 26(f) Report shall be filed on March 9, 2015. (rfi) (Entered: 03/06/2015)

March 6, 2015 PACER
79

STATUS REPORT Pursuant to Rule 26(f) filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Pasquarella, Jennifer) (Entered: 03/09/2015)

March 9, 2015 PACER
80

MINUTES OF SCHEDULING CONFERENCE held before Judge Beverly Reid O'Connell. Court conducts Scheduling Conference. Counsel inform the Court of their selection for a settlement procedure pursuant to Local Rule 16-14. The Court orders that any settlement discussions shall be completed no later than 11/16/2015.Court Reporter: Myra Ponce. (rfi) (Entered: 03/25/2015)

March 23, 2015 PACER
81

ORDER/REFERRAL to ADR Procedure No 1 by Judge Beverly Reid O'Connell. Case ordered to Magistrate Judge Frederick F. Mumm for Settlement Conference. ADR Proceeding to be held no later than 11/16/2015. (rfi) (Entered: 03/25/2015)

March 25, 2015 PACER
82

CIVIL COURT TRIAL ORDER by Judge Beverly Reid O'Connell. Trial Estimate: 2-4 days. Amended Pleadings due by 5/8/2015. Discovery cut-off 11/2/2015. Motions in Limine to be filed by 12/7/2015. Last date for hearing on motions is 11/9/2015. Proposed Pretrial Order due by 11/30/2015. Last date to conduct settlement conference is 11/16/2015. Hearing on motions in limine set for hearing on 1/4/2016 at 01:30 PM before Judge Beverly Reid O'Connell. Pretrial Conference set for 12/14/2015 at 3:00 PM before Judge Beverly Reid O'Connell. Bench Trial set for 1/12/2016 at 8:30 AM before Judge Beverly Reid O'Connell. (rfi) (Entered: 03/25/2015)

March 25, 2015 PACER
83

Joint STIPULATION for Protective Order filed by PLAINTIFFS Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Proposed Order Granting Stipulated Protective Order)(Pasquarella, Jennifer) (Entered: 04/10/2015)

April 10, 2015 PACER
84

Joint STIPULATION for Extension of Time to Amend filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Attachments: # 1 Proposed Order)(Bansal, Jessica) (Entered: 04/16/2015)

April 16, 2015 PACER
85

ORDER by Judge Beverly Reid O'Connell, re Stipulation for Extension of Time to Amend 84 IT IS HEREBY ORDERED that the deadline to amend pleadings or add parties is extended to October 12, 2015. (rfi) (Entered: 04/20/2015)

April 20, 2015 PACER
86

ORDER RE: STIPULATED PROTECTIVE ORDER 83 by Magistrate Judge Frederick F. Mumm. Note: Changes made by the Court. (es) (Entered: 04/20/2015)

April 20, 2015 RECAP
87

NOTICE of Change of other firm name or address information by Jessica Karp Bansal attorney for Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. Changing Email Address. Filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Bansal, Jessica) (Entered: 04/23/2015)

April 23, 2015 PACER
88

NOTICE OF MOTION AND MOTION to Consolidate Cases, as to CV 12-09012 BRO, filed by Third Parties County of Los Angeles, Leroy D. Baca. Motion set for hearing on 7/6/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Proposed Order)(Attorney Justin W Clark added to party County of Los Angeles(pty:mov), Attorney Justin W Clark added to party Leroy D. Baca(pty:mov))(Clark, Justin) (Entered: 06/08/2015)

June 8, 2015 PACER
89

STIPULATION to Continue Third Parties County of Los Angeles's and Sheriff Leroy Baca's Motion to Consolidate from 7/6/2015 to 8/3/2015 Re: MOTION to Consolidate Cases, as to CV 12-09012 BRO, 88 filed by Plaintiff Gerardo Gonzalez. (Attachments: # 1 Proposed Order)(Battles, Lindsay) (Entered: 06/11/2015)

June 11, 2015 PACER
90

ORDER by Judge Beverly Reid O'Connell: The Stipulation to Continue Hearing on Motion to Consolidate 89 is GRANTED. The hearing is continued to 8/3/2015 at 1:30 p.m. before Judge Beverly Reid O'Connell. The deadline for oppositions is continued to 7/6/15; the reply is due 7/20/15. IT IS SO ORDERED. (cw) (Entered: 06/11/2015)

June 11, 2015 PACER
91

MEMORANDUM in Opposition to MOTION to Consolidate Cases, as to CV 12-09012 BRO, 88 filed by Defendants Immigration and Customs Enforcement, David Marin, John Morton, David C. Palmatier, John Sandweg, Thomas Winkowski. (Weintraub, Jacob) (Entered: 07/01/2015)

July 1, 2015 PACER
92

MEMORANDUM in Opposition to MOTION to Consolidate Cases, as to CV 12-09012 BRO, 88 filed by Plaintiffs Simon Chinivizyan, Gerardo Gonzalez. (Pasquarella, Jennifer) (Entered: 07/06/2015)

July 6, 2015 PACER
93

REPLY MOTION to Consolidate Cases, as to CV 12-09012 BRO, 88 filed by Movants Leroy D. Baca, County of Los Angeles. (Clark, Justin) (Entered: 07/20/2015)

July 20, 2015 PACER
94

REPLY MOTION to Consolidate Cases, as to CV 12-09012 BRO, 88 filed by Movants Leroy D. Baca, County of Los Angeles. (Clark, Justin) (Entered: 07/20/2015)

July 20, 2015 PACER
95

MINUTES (IN CHAMBERS) ORDER GRANTING MOTIONS TO CONSOLIDATE by Judge Beverly Reid O'Connell: County Defendants The County of Los Angeles and Los Angeles County Sheriff's Motions to Consolidate 88 are GRANTED. These cases are hereby consolidated for pretrial purposes only. The Court will consider a renewed motion to consolidate these matters for trial at a later date, with any such motion to be filed and heard by no later than 6/6/2016. For ease of record keeping, all further documents and proceedings shall occur under Case No. CV 12-09012 BRO (FFMx). Case No. CV 13-04416 BRO (FFMx) shall be closed until pretrial proceedings have expired, at which point the case shall be reopened if the matters are not consolidated for trial. Until such time, counsel shall file all further documents under Case No. CV 12-09012 BRO (FFMx) only. The hearing on County Defendants' consolidation motions scheduled for 8/3/2015 at 1:30 PM, is hereby VACATED. The parties are also ordered to attend a mandatory status conference on 8/24/2015 at 1:30 PM, to discuss any further issues related to consolidation. Court Reporter: Not Present. (gk) (Entered: 07/28/2015)

July 28, 2015 PACER
96

(IN CHAMBERS) ORDER RE PLAINTIFFS' MOTIONS FOR CLASS CERTIFICATION [151, 152] by Judge Beverly Reid O'Connell: Plaintiffs' Motions for Class Certification are GRANTED in part and DENIED in part. See minute order for specifics. (ah) (Entered: 09/09/2016)

Sept. 9, 2016 PACER
97

NOTICE OF REASSIGNMENT OF CASE filed. Pursuant to the reassignment of Judge Andre Birotte. Jr. to the consolidated case 2:12-cv-09012. Case transferred to Judge Andre Birotte Jr for all further proceedings. Case number will now read 2:13-cv-04416 AB(FFMx). (rn) (Entered: 10/24/2018)

Oct. 24, 2018 PACER
98

NOTICE of Appearance filed by attorney Erez Reuveni on behalf of Defendants Immigration and Customs Enforcement, David Marin, David C. Palmatier, Thomas Winkowski (Attorney Erez Reuveni added to party Immigration and Customs Enforcement(pty:dft), Attorney Erez Reuveni added to party David Marin(pty:dft), Attorney Erez Reuveni added to party David C. Palmatier(pty:dft), Attorney Erez Reuveni added to party Thomas Winkowski(pty:dft))(Reuveni, Erez) (Entered: 02/12/2020)

Feb. 12, 2020 PACER
99

NOTICE filed by PLAINTIFFS Simon Chinivizyan, Gerardo Gonzalez. (Pasquarella, Jennifer) (Entered: 03/03/2020)

March 3, 2020 PACER
100

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by PLAINTIFFS Simon Chinivizyan, Gerardo Gonzalez. (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-25598738.) (Pasquarella, Jennifer) (Entered: 03/03/2020)

March 3, 2020 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 19, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are two US citizens subject to an ICE immigration detainer, and detained in ICE custody following their criminal detention, despite not being removable. The certified class consists of all persons subject to ICE detainers in the Central District of California, who are not in removal proceedings and have not been ordered removed.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU National (all projects)

ACLU of Southern California

National Day Laborer Organizing Network (NDLON)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Immigration and Customs Enforcement, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2020 - None

Issues

General:

Discharge & termination plans

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Criminal prosecution

Detention - conditions

Detention - criteria

Detention - procedures