Case: Colotl Coyotl v. Kelly

1:17-cv-01670 | U.S. District Court for the Northern District of Georgia

Filed Date: May 9, 2017

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On May 9, 2017, a Georgia resident filed this lawsuit in the U.S. District Court for the Northern District of Georgia. In her first amended complaint filed on May 18, 2017, she challenged the U.S. Citizenship and Immigration Services (USCIS)’s arbitrary denial of her Deferred Action for Childhood Arrivals (DACA) status renewal application, alleging that it violated the Administrative Procedure Act (APA) and the Due Process Clause of the Fifth Amendment. The plaintiff sought a declaration that t…

On May 9, 2017, a Georgia resident filed this lawsuit in the U.S. District Court for the Northern District of Georgia. In her first amended complaint filed on May 18, 2017, she challenged the U.S. Citizenship and Immigration Services (USCIS)’s arbitrary denial of her Deferred Action for Childhood Arrivals (DACA) status renewal application, alleging that it violated the Administrative Procedure Act (APA) and the Due Process Clause of the Fifth Amendment. The plaintiff sought a declaration that the defendants’ decision violated the APA because it was arbitrary and capricious. She also sought to compel the defendants to find that she was eligible for a renewal for her DACA status and to unrevoke and approve her DACA status.

On May 23, 2017, the plaintiff filed a motion for a Temporary Restraining Order and/or a Preliminary Injunction. She sought to temporarily enjoin the revocation of her DACA status pending an eligibility determination that comports with the APA and Due Process Clause.

On June 12, 2017, Judge Mark Cohen preliminarily enjoined USCIS’s decision to terminate the plaintiff’s status under the DACA program as well as the termination of her employment authorization. In addition, the plaintiff’s DACA status was reinstated pending the defendants’ re-adjudication of her renewal application in a manner consistent with DHS’s standard procedures. The defendants then filed a motion for reconsideration of this order, which was denied by Judge Cohen on July 31, 2017.

On August 14, the defendants filed a motion to stay proceedings pending further administrative action because they were in the process of re-adjudicating the plaintiff’s DACA application and staying the case until her application is re-adjudicated would preserve judicial economy. This motion was granted on August 21, 2017.

On October 25, 2017, the defendants filed an emergency motion to dismiss the case, or to dissolve the June 12 Order granting preliminary relief because USCIS has issued a new decision denying the plaintiff’s CADA renewal request after complying with this court’s order.

The plaintiff immediately filed a second amended complaint the next day with similar claims as the first amendment complaint. On November 1, the plaintiff filed a second motion for preliminary injunction as well as an opposition to the defendants’ motion to dissolve. On November 8, 2017, Judge Cohen denied the defendant’s emergency motion to dismiss without prejudice in light of the second amended complaint.

On January 12, 2018, the defendants filed a motion to dismiss or a motion for summary judgment on all claims. Judge Thomas Thrash then stayed proceedings in light of lapse in appropriates of federal funding on January 22.

On May 25, 2018, the parties filed a joints stipulation of settlement to dismiss this case pursuant to their settlement agreement. Under the settlement agreement, USCIS will grant the plaintiff’s May 2017 DACA renewal request, including her application for work authorization, within two business days after execution of this agreement, such that her DACA and employment authorization will be valid from the date of approval through May 9, 2019. USCIS agreed to deter action with respect to the plaintiff until at least May 9, 2019 and to not issue a new Notice of Termination during that time period unless the plaintiff took part in conduct that rendered her unable to continue to meet the DACA guideline. The parties also agreed to bear their own costs and fees. Judge Cohen granted this stipulation and dismissed this case with prejudice.

The case is now closed.

Summary Authors

Sichun Liu (5/12/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6060686/parties/colotl-coyotl-v-kelly/


Judge(s)

Cohen, Mark Howard (Georgia)

Attorneys(s) for Plaintiff

Claffey, Danielle M. (Georgia)

Eiland, Katrina L. (California)

Gelernt, Lee (New York)

Kuck, Charles H. (Georgia)

Newell, Jennifer Chang (California)

Tan, Michael K. T. (New York)

Young, Sean J (New York)

Attorneys(s) for Defendant

Robins, Jeffrey S (District of Columbia)

Walker, James Joseph (District of Columbia)

Judge(s)

Cohen, Mark Howard (Georgia)

Attorneys(s) for Plaintiff

Claffey, Danielle M. (Georgia)

Eiland, Katrina L. (California)

Gelernt, Lee (New York)

Kuck, Charles H. (Georgia)

Newell, Jennifer Chang (California)

Tan, Michael K. T. (New York)

Young, Sean J (New York)

Attorneys(s) for Defendant

Robins, Jeffrey S (District of Columbia)

Walker, James Joseph (District of Columbia)

Wall, Sheetul Sheth (District of Columbia)

Documents in the Clearinghouse

Document

1:17-cv-01670

Docket [PACER]

May 25, 2018

May 25, 2018

Docket
1

1:17-cv-01670

Complaint for Declaratory and Injunctive Relief

May 9, 2017

May 9, 2017

Complaint
8

1:17-cv-01670

First Amended Complaint for Declaratory and Injunctive Relief [with Exhibit 1]

May 18, 2017

May 18, 2017

Complaint
19

1:17-cv-01670

Reply in Support of Plaintiff's Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction [with Exhibit 2 and Declaration]

June 5, 2017

June 5, 2017

Pleading / Motion / Brief
28

1:17-cv-01670

Order [granting preliminary injunction]

Colotl v. Kelly

261 F.Supp.3d 1328, 2017 WL 2889681

June 12, 2017

June 12, 2017

Order/Opinion
43

1:17-cv-01670

Order

July 31, 2017

July 31, 2017

Order/Opinion
60

1:17-cv-01670

Order

Nov. 8, 2017

Nov. 8, 2017

Order/Opinion
73-1

1:17-cv-01670

Settlement Agreement

May 25, 2018

May 25, 2018

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6060686/colotl-coyotl-v-kelly/

Last updated July 24, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Jessica M. Colotl Coyotl. ( Filing fee $ 400 receipt number 113E-7136348.) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit A2, # 4 Exhibit A3, # 5 Exhibit A4, # 6 Exhibit A5, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H)(jpa) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 5/25/2017. Exhibits restricted to due confidential information. Atty to file a notice with redacted exhibits. (jtj) (Entered: 05/10/2017)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit A2

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4 Exhibit A3

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5 Exhibit A4

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6 Exhibit A5

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7 Exhibit B

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8 Exhibit C

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9 Exhibit D

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10 Exhibit E

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11 Exhibit F

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12 Exhibit G

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13 Exhibit H

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May 9, 2017

May 9, 2017

RECAP
2

Summons Issued as to Alfie Owens. (jpa) (Additional attachment(s) added on 5/10/2017: # 1 Corrected Summons) (jpa). (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
3

Summons Issued as to John F. Kelly. (jpa) (Additional attachment(s) added on 5/10/2017: # 1 Corrected Summons) (jpa). (Entered: 05/10/2017)

1 Corrected Summons

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May 10, 2017

May 10, 2017

PACER
4

Summons Issued as to Lori Scialabba. (jpa) (Additional attachment(s) added on 5/10/2017: # 1 Corrected Summons) (jpa). (Entered: 05/10/2017)

1 Corrected Summons

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May 10, 2017

May 10, 2017

PACER
5

Summons Issued as to Sirce Owen, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Attorney General, # 2 U.S. Attorney)(jpa) (Additional attachment(s) added on 5/10/2017: # 3 Sirce Corrected Summons, # 4 U.S. Attorney Corrected Summons, # 5 Attorney General Corrected Summons) (jpa). (Entered: 05/10/2017)

1 Attorney General

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2 U.S. Attorney

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3 Sirce Corrected Summons

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4 U.S. Attorney Corrected Summons

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5 Attorney General Corrected Summons

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May 10, 2017

May 10, 2017

PACER
6

Summons Issued as to Mark J. Hazuda. (jpa) (Additional attachment(s) added on 5/10/2017: # 1 Corrected Summons) (jpa). (Entered: 05/10/2017)

1 Corrected Summons

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May 10, 2017

May 10, 2017

PACER
7

STANDING ORDER regarding civil litigation. Signed by Judge Mark H. Cohen on 5/10/17. (jpa) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
8

First AMENDED COMPLAINT for Declaratory and Injunctive Relief against Mark J. Hazuda, John F. Kelly, James McCament, Thomas D. Homan, Sean W. Gallagher, filed by Jessica M. Colotl Coyotl.(Claffey, Danielle) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER

Add and Terminate Parties

May 18, 2017

May 18, 2017

PACER

*** Party Lori Scialabba (Acting Director, U.S. Citizenship and Immigration Services), Sirce Owen (Deputy Chief Counsel, Atlanta Office of Principal Legal Advisor, U.S. Immigration and Customs Enforcement) and Alfie Owens (Chief Counsel, Atlanta Office of Principal Legal Advisor, U.S. Immigration and Customs Enforcement) terminated. (jpa)

May 18, 2017

May 18, 2017

PACER
9

APPLICATION for Admission of Katrina L. Eiland Pro Hac Vice (Application fee $ 150, receipt number 113E-7161371)by Jessica M. Colotl Coyotl. (Claffey, Danielle) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
10

PROPOSED SUMMONS filed by Jessica M. Colotl Coyotl on James McCament (Claffey, Danielle) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
11

PROPOSED SUMMONS filed by Jessica M. Colotl Coyotl on Sean W. Gallagher (Claffey, Danielle) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
12

PROPOSED SUMMONS filed by Jessica M. Colotl Coyotl on Thomas D. Homan (Claffey, Danielle) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
13

Electronic Summons Issued as to Sean W. Gallagher, Thomas D. Homan, James McCament. (Attachments: # 1 Homan summons, # 2 McCament summons)(jpa) (Entered: 05/23/2017)

1 Homan summons

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2 McCament summons

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May 23, 2017

May 23, 2017

PACER

Notification of Docket Correction

May 23, 2017

May 23, 2017

PACER
14

First MOTION for Temporary Restraining Order and/or Preliminary Injunction and REQUEST to Waive the Usual Procedures IMMEDIATE HEARING REQUESTED with Brief In Support by Jessica M. Colotl Coyotl. (Attachments: # 1 Brief Memorandum of Law, # 2 Affidavit Colotl Declaration, # 3 Affidavit Kuck Declaration, # 4 Exhibit Ex 1: Consent Order Dismissing Charges, # 5 Exhibit Ex 2: Criminal Docket, # 6 Exhibit Ex 3: Dead Docket Notice, # 7 Exhibit Ex 4: Plea and Arraignment, # 8 Exhibit Ex 5: Velez Letter of Recommendation, # 9 Exhibit Ex 6: Figueroa Letter in Support, # 10 Exhibit Ex 7: Silva Letter in Support, # 11 Exhibit Ex 8: BIA Decision and Order, # 12 Exhibit Ex 9: DHS Supplemental Brief in Immigration Court, # 13 Exhibit Ex 10: DHS Second Supplemental Brief in Immigration Court, # 14 Exhibit Ex 11: Napolitano Memorandum, # 15 Exhibit Ex 12: Kelly Memorandum, # 16 Exhibit Ex 13: DHS Q & A, # 17 Exhibit Ex 14: DACA Standard Operating Procedures Excerpts, # 18 Exhibit Ex 15: President Obama Remarks, # 19 Exhibit Ex 16: President Trump DACA Remarks Politico Article, # 20 Exhibit Ex 17: USCIS DACA FAQ, # 21 Exhibit Ex 18: President Trump DACA Remarks Time Article, # 22 Exhibit Ex 19: President Trump DACA Remarks New York Times Article, # 23 Exhibit Ex 20: President Trump DACA Remarks ABC News Article, # 24 Exhibit Ex 21: President Trump DACA Remarks AP Article, # 25 Exhibit Ex 22: 2012 DACA Application, # 26 Exhibit Ex 23: 2015 DACA Renewal Application, # 27 Exhibit Ex 24: 2016 DACA Renewal Application, # 28 Exhibit Ex 25: AP Article about Ms. Colotl, # 29 Exhibit Ex 26: Atlanta Journal-Constitution Article about Ms. Colotl, # 30 Exhibit Ex 27: NPR Morning Edition Article about Ms. Colotl, # 31 Exhibit Ex 28: WXIA Article about Ms. Colotl, # 32 Exhibit Ex 29: New York Times Article about Ms. Colotl, # 33 Text of Proposed Order Proposed Order)(Kuck, Charles) . Added MOTION for Preliminary Injunction,MOTION on 5/23/2017 (jpa). (Entered: 05/23/2017)

1 Brief Memorandum of Law

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2 Affidavit Colotl Declaration

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3 Affidavit Kuck Declaration

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4 Exhibit Ex 1: Consent Order Dismissing Charges

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5 Exhibit Ex 2: Criminal Docket

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6 Exhibit Ex 3: Dead Docket Notice

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7 Exhibit Ex 4: Plea and Arraignment

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8 Exhibit Ex 5: Velez Letter of Recommendation

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9 Exhibit Ex 6: Figueroa Letter in Support

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10 Exhibit Ex 7: Silva Letter in Support

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11 Exhibit Ex 8: BIA Decision and Order

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12 Exhibit Ex 9: DHS Supplemental Brief in Immigration Court

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13 Exhibit Ex 10: DHS Second Supplemental Brief in Immigration Court

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14 Exhibit Ex 11: Napolitano Memorandum

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15 Exhibit Ex 12: Kelly Memorandum

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16 Exhibit Ex 13: DHS Q & A

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17 Exhibit Ex 14: DACA Standard Operating Procedures Excerpts

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18 Exhibit Ex 15: President Obama Remarks

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19 Exhibit Ex 16: President Trump DACA Remarks Politico Article

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20 Exhibit Ex 17: USCIS DACA FAQ

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21 Exhibit Ex 18: President Trump DACA Remarks Time Article

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22 Exhibit Ex 19: President Trump DACA Remarks New York Times Article

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23 Exhibit Ex 20: President Trump DACA Remarks ABC News Article

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24 Exhibit Ex 21: President Trump DACA Remarks AP Article

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25 Exhibit Ex 22: 2012 DACA Application

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26 Exhibit Ex 23: 2015 DACA Renewal Application

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27 Exhibit Ex 24: 2016 DACA Renewal Application

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28 Exhibit Ex 25: AP Article about Ms. Colotl

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29 Exhibit Ex 26: Atlanta Journal-Constitution Article about Ms. Colotl

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30 Exhibit Ex 27: NPR Morning Edition Article about Ms. Colotl

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31 Exhibit Ex 28: WXIA Article about Ms. Colotl

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32 Exhibit Ex 29: New York Times Article about Ms. Colotl

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33 Text of Proposed Order Proposed Order

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May 23, 2017

May 23, 2017

RECAP

Notification of Docket Correction re 14 First MOTION for Temporary Restraining Order and/or Preliminary Injunction IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction. Three part motion docketed as one. Added Motion for Preliminary Injunction and Motion to Waive the Usual Procedures. (jpa)

May 23, 2017

May 23, 2017

PACER
15

APPLICATION for Admission of Jennifer Chang Newell Pro Hac Vice (Application fee $ 150, receipt number 113E-7164783)by Jessica M. Colotl Coyotl. (Claffey, Danielle) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
16

NOTICE of Appearance by Jeffrey S. Robins on behalf of Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament (Robins, Jeffrey) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER

Order

May 25, 2017

May 25, 2017

PACER

MINUTE ORDER re 14 MOTION for Temporary Restraining Order. The Court orders the Defendants to file a response brief on 5/31/17. Plaintiff shall file a reply brief on 6/5/17. Hearing on the motion for temporary restraining order is set on 6/8/17 at 10:00 AM in courtroom 1905 by CRD by direction of the Court. Approved by Judge Mark H. Cohen on 5/25/17. (jgs)

May 25, 2017

May 25, 2017

PACER
17

NOTICE Of Filing Redacted Exhibits to Complaint by Jessica M. Colotl Coyotl re 1 Complaint,, Redacted Exhibits (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)(Kuck, Charles) (Entered: 05/26/2017)

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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May 26, 2017

May 26, 2017

PACER

Notice of Hearing on Motion

May 31, 2017

May 31, 2017

PACER

NOTICE of Hearing on Motion re: 14 First MOTION for Temporary Restraining Order and/or Preliminary Injunction IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction Motion Hearing set for 6/8/2017 at 10:00 AM in ATLA Courtroom 1905 before Judge Mark H. Cohen. (jgs)

May 31, 2017

May 31, 2017

PACER
18

RESPONSE in Opposition re 14 First MOTION for Temporary Restraining Order and/or Preliminary Injunction IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament. (Attachments: # 1 Declaration in Support of Exhibits, # 2 All Exhibits)(Robins, Jeffrey) (Entered: 05/31/2017)

1 Declaration in Support of Exhibits

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2 All Exhibits

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May 31, 2017

May 31, 2017

PACER
19

REPLY to Response to Motion re 14 First MOTION for Temporary Restraining Order and/or Preliminary Injunction IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction Reply filed by Jessica M. Colotl Coyotl. (Attachments: # 1 Affidavit Declaration of Charles H. Kuck, # 2 Exhibit Screenshot of DHS Website, # 3 Exhibit ICE Statement)(Kuck, Charles) (Entered: 06/05/2017)

1 Affidavit Declaration of Charles H. Kuck

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2 Exhibit Screenshot of DHS Website

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3 Exhibit ICE Statement

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June 5, 2017

June 5, 2017

PACER
20

NOTICE of Appearance by Sheetul Sheth Wall on behalf of Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament, Sirce Owen, Alfie Owens, Lori Scialabba (Wall, Sheetul) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
21

Minute Entry for proceedings held before Judge Mark H. Cohen: Motion Hearing held on 6/8/2017 re 14 First MOTION for Temporary Restraining Order and/or Preliminary Injunction IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by Jessica M. Colotl Coyotl. The Court heard from counsel and took the matter under advisement. The Defendant shall provide any applicable SOP sections not presently in the record by end of business today. The Court will take the matter under advisement and issue a ruling next week. (Court Reporter Judith Wolff)(jpa) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
22

ORDER directing the Clerk to unseal the documents and make the case filings to the public through PACER. Signed by Judge Mark H. Cohen on 6/8/17. (jpa) Modified on 6/13/2017 in order to correct typo (anc). (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
23

NOTICE of Appearance by James Walker on behalf of Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament, Sirce Owen, Alfie Owens, Lori Scialabba (Attachments: # 1 Certificate of Service)(Walker, James) (Entered: 06/08/2017)

1 Certificate of Service

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June 8, 2017

June 8, 2017

PACER
24

PROVISIONALLY SEALED NOTICE Of Filing Additional exhibits per Courts Minute Entry by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament, Sirce Owen, Alfie Owens, Lori Scialabba (Attachments: # 1 Exhibit Additional exhibits)(Walker, James) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
25

MOTION for Leave to File Matters Under Seal re: 24 Notice of Filing, Additional Exhibits with Brief In Support by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament, Sirce Owen, Alfie Owens, Lori Scialabba. (Walker, James) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
26

RESPONSE re 24 Notice of Filing, of Supplemental Exhibits filed by Jessica M. Colotl Coyotl. (Kuck, Charles) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER

Submission to District Judge

June 12, 2017

June 12, 2017

PACER

Submission of 14 First MOTION for Temporary Restraining Order and/or Preliminary Injunction IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction, submitted to District Judge Mark H. Cohen. (jpa)

June 12, 2017

June 12, 2017

PACER
27

DOCUMENT FILED IN ERROR TRANSCRIPT of Proceedings held on 6/8/17 (Emergency Motion For TRO), before Judge Mark H. Cohen. Court Reporter/Transcriber Judith M. Wolff, Telephone number 404-215-1317. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2017. Redacted Transcript Deadline set for 7/13/2017. Release of Transcript Restriction set for 9/11/2017. (Attachments: # 1 Notice of Filing Transcript) (pjm) Modified on 6/13/2017 (jpa). (Entered: 06/12/2017)

1 Notice of Filing Transcript

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June 12, 2017

June 12, 2017

PACER
28

ORDER granting in part the 14 Motion for TRO and/or for a Preliminary Injunction. It is hereby ORDERED that USCIS's decision to terminate Plaintiff's status under the Deferred Action for Childhood Arrivals program memorialized in the May 3, 2017, Termination Notice is preliminarily enjoined. This preliminary injunction also applies to enjoin Defendants' termination of Plaintiff's employment authorization, which was included as a portion of the May 3, 2017, Termination Notice. It is further ORDERED that USCIS's decision to deny Plaintiff's renewal application for DACA status memorialized in the May 8, 2017, Decision is preliminarily enjoined. It is further ORDERED that Defendants shall reconsider the termination of Plaintiff's DACA status and re-adjudicate Plaintiffs renewal application in a manner consistent with the Department of Homeland Security's Standard Operating Procedures and this Order. It is further ORDERED that Plaintiff's DACA status, including her employment authorization, is reinstated pending Defendants' re-adjudication of Plaintiff's renewal application and reconsideration of the termination of Plaintiff's DACA status. This Order shall remain effective until further Order from this Court, which will issue only after Defendants have submitted sufficient proof that they have followed all relevant standard operating procedures regarding the adjudication of Plaintiff's renewal application and any termination of Plaintiff's DACA status. Signed by Judge Mark H. Cohen on 6/12/17. (jpa) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

RECAP
29

TRANSCRIPT of Proceedings held on 6/8/17 (Emergency Motion for TRO), before Judge Mark H. Cohen. Court Reporter/Transcriber Judith M. Wolff, Telephone number 404-215-1317. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2017. Redacted Transcript Deadline set for 7/13/2017. Release of Transcript Restriction set for 9/11/2017. (Attachments: # 1 Notice of Filing) (jpa) (Entered: 06/13/2017)

1 Notice of Filing

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June 12, 2017

June 12, 2017

PACER

APPROVAL by Clerks Office re: 9 APPLICATION for Admission of Katrina L. Eiland Pro Hac Vice (Application fee $ 150, receipt number 113E-7161371). Attorney Katrina L. Eiland added appearing on behalf of Jessica M. Colotl Coyotl (pmb)

June 13, 2017

June 13, 2017

PACER

Approval of Application for Admission Pro Hac Vice

June 13, 2017

June 13, 2017

PACER

APPROVAL by Clerks Office re: 15 APPLICATION for Admission of Jennifer Chang Newell Pro Hac Vice (Application fee $ 150, receipt number 113E-7164783). Attorney Jennifer Chang Newell added appearing on behalf of Jessica M. Colotl Coyotl (pmb)

June 13, 2017

June 13, 2017

PACER

Order on Application for Admission PHV

June 13, 2017

June 13, 2017

PACER

MINUTE ORDER granting [9 & 15] Applications for Admission Pro Hac Vice for Katrina L. Eiland and Jennifer Chang Newell by CRD by direction of the Court. Approved by Judge Mark H. Cohen on 6/13/17. (jgs)

June 13, 2017

June 13, 2017

PACER
30

NOTICE Of Filing Additional exhibits per Courts Minute Entry by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament, Sirce Owen, Alfie Owens, Lori Scialabba (Attachments: # 1 Exhibit F - DACA SOP, # 2 Exhibit G - Appx D, # 3 Exhibit H - Appx E, # 4 Exhibit I - Appx F, # 5 Exhibit J - Appx J, # 6 Exhibit K - FAQ)(Walker, James) (Entered: 06/20/2017)

1 Exhibit F - DACA SOP

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2 Exhibit G - Appx D

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3 Exhibit H - Appx E

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4 Exhibit I - Appx F

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5 Exhibit J - Appx J

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6 Exhibit K - FAQ

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June 20, 2017

June 20, 2017

PACER
31

SEALED NOTICE Of Filing Partially sealing additional exhibits to comply with Courts Minute Entry by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament, Sirce Owen, Alfie Owens, Lori Scialabba re 30 Notice of Filing, (Attachments: # 1 Exhibit F - DACA SOP, # 2 Exhibit K - FAQ)(Walker, James) Modified on 6/21/2017 (jpa). (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
32

MOTION for Leave to File Matters Under Seal re: 31 Notice of Filing, with Brief In Support by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament, Sirce Owen, Alfie Owens, Lori Scialabba. (Attachments: # 1 Brief in support, # 2 Text of Proposed Order to seal exhibits)(Walker, James) (Entered: 06/20/2017)

1 Brief in support

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2 Text of Proposed Order to seal exhibits

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June 20, 2017

June 20, 2017

PACER
33

ORDER granting 32 Motion for Leave to File Matters Under Seal. It is further ordered that the 25 Motion for Leave to File Matters Under Seal is withdrawn. To the extent any documents associated with the previously filed motion to seal were provisionally sealed, those documents shall remain sealed. Signed by Judge Mark H. Cohen on 6/21/17. (jpa) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
34

MOTION for Reconsideration re 28 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Miscellaneous Relief, with Brief In Support by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2)(Robins, Jeffrey) Modified on 6/26/2017 to edit text (jpa). (Entered: 06/23/2017)

1 Memorandum in Support

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2 Exhibit 1

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3 Exhibit 2

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June 23, 2017

June 23, 2017

PACER
35

MOTION for Extension of Time File Response re: 34 MOTION for Reconsideration re 28 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Miscellaneous Relief, with Brief In Support by Jessica M. Colotl Coyotl. (Attachments: # 1 Text of Proposed Order)(Eiland, Katrina) Modified on 6/27/2017 to edit text (jpa). (Entered: 06/26/2017)

1 Text of Proposed Order

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June 26, 2017

June 26, 2017

PACER
36

ORDER granting 35 Motion for Extension of Time through 7/14/17 for Plaintiff to file a response to the 34 MOTION for Reconsideration. Signed by Judge Mark H. Cohen on 6/27/17. (jpa) (Entered: 06/28/2017)

June 27, 2017

June 27, 2017

PACER
37

NOTICE of Appearance by Sean Young on behalf of Jessica M. Colotl Coyotl (Attachments: # 1 Certificate of Service)(Young, Sean) (Entered: 07/10/2017)

1 Certificate of Service

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July 10, 2017

July 10, 2017

PACER
38

RESPONSE in Opposition re 34 MOTION for Reconsideration re 28 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,, filed by Jessica M. Colotl Coyotl. (Attachments: # 1 Affidavit Declaration of Katrina E. Eiland)(Eiland, Katrina) (Entered: 07/14/2017)

1 Affidavit Declaration of Katrina E. Eiland

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July 14, 2017

July 14, 2017

PACER
39

REPLY to Response to Motion re 34 MOTION for Reconsideration re 28 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,, filed by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament. (Robins, Jeffrey) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
40

Consent MOTION for Extension of Time to File Answer re 8 Amended Complaint, by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament. (Attachments: # 1 Text of Proposed Order)(Robins, Jeffrey) (Entered: 07/24/2017)

1 Text of Proposed Order

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July 24, 2017

July 24, 2017

PACER
41

ORDER granting 40 Motion for Extension of Time to Answer; Defendants' Answers to the amended complaint due 8/14/2017. Signed by Judge Mark H. Cohen on 7/25/17. (jpa) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
42

Request for Leave of Absence for the following date(s): 8/7/17, 8/8/17, 8/9/17, 8/10/17, 8/11/17, by Jeffrey S. Robins. (Robins, Jeffrey) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
43

ORDER denying 34 Motion for Reconsideration. Signed by Judge Mark H. Cohen on 7/31/17. (jpa) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
44

MOTION to Stay Proceedings Pending Further Administrative Action with Brief In Support by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament. (Attachments: # 1 Exhibit Declaration of Neil M. Jacobson, # 2 Text of Proposed Order)(Robins, Jeffrey) (Entered: 08/14/2017)

1 Exhibit Declaration of Neil M. Jacobson

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2 Text of Proposed Order

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Aug. 14, 2017

Aug. 14, 2017

PACER
45

ORDER that Plaintiff shall file a response to the 44 MOTION to Stay on or before 8/18/17. Signed by Judge Mark H. Cohen on 8/15/17. (jpa) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
46

RESPONSE re 44 MOTION to Stay Proceedings Pending Further Administrative Action filed by Jessica M. Colotl Coyotl. (Eiland, Katrina) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER

Submission to District Judge

Aug. 21, 2017

Aug. 21, 2017

PACER

Submission of 44 MOTION to Stay Proceedings Pending Further Administrative Action, submitted to District Judge Mark H. Cohen. (jpa)

Aug. 21, 2017

Aug. 21, 2017

PACER
47

ORDER granting in part the 44 Motion to Stay. Defendants' responsive pleading to Plaintiff's Amended Complaint is extended through and including October 2, 2017. Signed by Judge Mark H. Cohen on 8/21/17. (jpa) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER

Set Deadlines/Hearings

Aug. 21, 2017

Aug. 21, 2017

PACER

Set Deadlines/Hearings: Defendants' answers due 10/2/2017. (jpa)

Aug. 21, 2017

Aug. 21, 2017

PACER
48

MOTION for Extension of Time to File Answer with Brief In Support by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament, Sirce Owen, Alfie Owens, Lori Scialabba. (Attachments: # 1 Text of Proposed Order Proposed order granting extension of time)(Walker, James) (Entered: 10/02/2017)

1 Text of Proposed Order Proposed order granting extension of time

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Oct. 2, 2017

Oct. 2, 2017

PACER
49

ORDER GRANTING 48 Motion for Extension of Time to Answer. Defendants' Answer due 10/30/2017. Signed by Judge Mark H. Cohen on 10/16/17. (bnw) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
50

NOTICE by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament re 28 Order on Motion for TRO,,,,,,, Order on Motion for Preliminary Injunction,,,,,,, Order on Motion for Miscellaneous Relief,,,,,, (Attachments: # 1 Exhibit, # 2 Exhibit)(Robins, Jeffrey) (Entered: 10/25/2017)

1 Exhibit

View on RECAP

2 Exhibit

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Oct. 25, 2017

Oct. 25, 2017

PACER
51

Emergency MOTION to Dismiss Amended Complaint, Emergency MOTION for Order Dissolving Preliminary Relief with Brief In Support by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament. (Attachments: # 1 Brief Memorandum in Support)(Robins, Jeffrey) (Entered: 10/25/2017)

1 Brief Memorandum in Support

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Oct. 25, 2017

Oct. 25, 2017

PACER
52

APPLICATION for Admission of David Hausman Pro Hac Vice (Application fee $ 150, receipt number 113E-7469876)by Jessica M. Colotl Coyotl. (Claffey, Danielle) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
53

Second AMENDED COMPLAINT against All Defendants, filed by Jessica M. Colotl Coyotl. (Attachments: # 1 Exhibit Plaintiffs Response to Defendants Notice of Intent to Deny)(Eiland, Katrina) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 10/26/2017)

1 Exhibit Plaintiffs Response to Defendants Notice of Intent to Deny

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Oct. 26, 2017

Oct. 26, 2017

RECAP
54

ORDER: It is hereby ORDERED that Plaintiff file a response to Defendants' October 25, 2017, filings no later than November 1, 2017, and that Defendants file any reply to such response no later than November 6, 2017. 51 Emergency Motion to Dismiss Plaintiffs Amended Complaint or, in the Alternative, Dissolve Preliminary Relief Hearing is set for 11/9/2017 at 01:30 PM in ATLA Courtroom 1905 before Judge Mark H. Cohen. As stated in this Court's June 12, 2017, Order, Plaintiff's DACA and employment authorization shall remain in effect until such time as this Court issues a ruling on Defendants' Emergency Motion. See Order for more details. Signed by Judge Mark H. Cohen on 10/26/17. (bnw) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

RECAP
55

RESPONSE re 50 Notice (Other), Notice of Compliance filed by Jessica M. Colotl Coyotl. (Eiland, Katrina) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
56

Second MOTION for Preliminary Injunction and Opposition to the Motion to Dissolve by Jessica M. Colotl Coyotl. (Attachments: # 1 Brief Memorandum in Support, # 2 Affidavit Declaration of Katrina Eiland, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Text of Proposed Order Proposed Order)(Eiland, Katrina) (Entered: 11/01/2017)

1 Brief Memorandum in Support

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2 Affidavit Declaration of Katrina Eiland

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3 Exhibit Exhibit 1

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4 Exhibit Exhibit 2

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5 Exhibit Exhibit 3

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6 Text of Proposed Order Proposed Order

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Nov. 1, 2017

Nov. 1, 2017

PACER

Approval of Application for Admission Pro Hac Vice

Nov. 3, 2017

Nov. 3, 2017

PACER

APPROVAL by Clerks Office re: 52 APPLICATION for Admission of David Hausman Pro Hac Vice (Application fee $ 150, receipt number 113E-7469876). Attorney David Hausman added appearing on behalf of Jessica M. Colotl Coyotl (pmb)

Nov. 3, 2017

Nov. 3, 2017

PACER

Order on Application for Admission PHV

Nov. 3, 2017

Nov. 3, 2017

PACER

MINUTE ORDER granting 52 Application for Admission Pro Hac Vice of David Housman by CRD by direction of the Court. Approved by Judge Mark H. Cohen on 11/3/17. (jgs)

Nov. 3, 2017

Nov. 3, 2017

PACER
57

RESPONSE in Opposition re 56 Second MOTION for Preliminary Injunction and Opposition to the Motion to Dissolve filed by Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan, John F. Kelly, James McCament. (Attachments: # 1 Exhibit Declaration of Alexander R. King)(Robins, Jeffrey) (Entered: 11/06/2017)

1 Exhibit Declaration of Alexander R. King

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Nov. 6, 2017

Nov. 6, 2017

PACER
58

STIPULATION re 53 Amended Complaint, by Jessica M. Colotl Coyotl. (Attachments: # 1 Text of Proposed Order)(Eiland, Katrina) (Entered: 11/07/2017)

1 Text of Proposed Order

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Nov. 7, 2017

Nov. 7, 2017

PACER
59

ORDER re 58 Stipulation filed by Jessica M. Colotl Coyotl: It is hereby ORDERED that Plaintiff's 53 Second Amended Complaint is deemed filed, and that Defendants' time to answer the Second Amended Complaint is extended to 12/22/17. Signed by Judge Mark H. Cohen on 11/8/17. (bnw) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
60

ORDER: It is hereby ORDERED as follows: (1) Defendants' 51 Emergency Motion to Dismiss Plaintiffs Amended Complaint or, in the Alternative, Dissolve Preliminary Relief is DENIED WITHOUT PREJUDICE; (2) The hearing previously scheduled for November 9, 2017, is cancelled; (3) Once Defendants file an answer or otherwise respond to the Second Amended Complaint on or before December 22, 2017, the Court will set a date for a hearing on the remaining pending motions, if necessary; and (4) The terms of this Court's June 12, 2017, preliminary injunction shall remain in effect until further Order of the Court. Signed by Judge Mark H. Cohen on 11/8/17. (bnw) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
61

REPLY to Response to Motion re 56 Second MOTION for Preliminary Injunction and Opposition to the Motion to Dissolve filed by Jessica M. Colotl Coyotl. (Eiland, Katrina) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER

Submission to District Judge

Nov. 21, 2017

Nov. 21, 2017

PACER

Submission of 56 Second MOTION for Preliminary Injunction and Opposition to the Motion to Dissolve, submitted to District Judge Mark H. Cohen. (jpa)

Nov. 21, 2017

Nov. 21, 2017

PACER
62

NOTICE by Jessica M. Colotl Coyotl Notice of Supplemental Authority (Attachments: # 1 Exhibit Exhibit A)(Eiland, Katrina) (Entered: 11/28/2017)

1 Exhibit Exhibit A

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Nov. 28, 2017

Nov. 28, 2017

PACER
63

STIPULATION for Enlargement of Time, Entry of Briefing Schedule, and Enlargement of Page Limits by L. Francis Cissna, Elaine C. Duke, Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan. (Attachments: # 1 Text of Proposed Order)(Robins, Jeffrey) Modified on 12/26/2017 to remove all cap (btql). (Entered: 12/22/2017)

1 Text of Proposed Order

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Dec. 22, 2017

Dec. 22, 2017

PACER
64

ORDER: This Court hereby GRANTS the terms of that 63 Stipulation. See Order for more details. Signed by Judge Mark H. Cohen on 12/26/17. (bnw) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

PACER
65

STIPULATION for enlargement of time and revision of briefing schedule by L. Francis Cissna, Elaine C. Duke, Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan. (Attachments: # 1 Text of Proposed Order)(Robins, Jeffrey) (Entered: 01/05/2018)

1 Text of Proposed Order

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Jan. 5, 2018

Jan. 5, 2018

PACER

Submission to District Judge

Jan. 9, 2018

Jan. 9, 2018

PACER

Submission of 65 Stipulation, submitted to District Judge Mark H. Cohen. (jpa)

Jan. 9, 2018

Jan. 9, 2018

PACER
66

ORDER GRANTING 65 Stipulation. Defendants' responsive pleading to Plaintiff's Second Amended Complaint is extended to January 12, 2018; The Count enters the following briefing schedule: Plaintiff's opposition and cross motion: February 20, 2018. Defendants' opposition and reply: March 13, 2018. Plaintiff's reply: March 27, 2018. Signed by Judge Mark H. Cohen on 1/9/18. (jpa) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
67

MOTION to Dismiss, or, in the alternative, MOTION for Summary Judgment with Brief In Support by L. Francis Cissna, Elaine C. Duke, Sean W. Gallagher, Mark J. Hazuda, Thomas D. Homan. (Attachments: # 1 Brief Memorandum in Support, # 2 Statement of Material Facts, # 3 Exhibit Administrative Record Part 1, # 4 Exhibit Administrative Record Part 2)(Robins, Jeffrey) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 1/16/2018 to term part of the motion (jpa). (Entered: 01/12/2018)

1 Brief Memorandum in Support

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2 Statement of Material Facts

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3 Exhibit Administrative Record Part 1

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4 Exhibit Administrative Record Part 2

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Jan. 12, 2018

Jan. 12, 2018

PACER
68

Administrative Order Staying Civil Proceedings in Light of Lapse Appropriations. Signed by Judge Thomas W. Thrash, Jr on 1/22/2018. (btql) (Entered: 01/23/2018)

Jan. 22, 2018

Jan. 22, 2018

RECAP

Submission to District Judge

Feb. 2, 2018

Feb. 2, 2018

PACER

Submission of 67 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment, submitted to District Judge Mark H. Cohen. (bnw)

Feb. 2, 2018

Feb. 2, 2018

PACER

Notification of Docket Correction

Feb. 2, 2018

Feb. 2, 2018

PACER

Notification of Docket Correction re Submission to District Judge of 67 : Clerk's error. Submission Premature. (bnw)

Feb. 2, 2018

Feb. 2, 2018

PACER
69

STIPULATION re 67 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment to hold briefing schedule in abeyance by Jessica M. Colotl Coyotl. (Attachments: # 1 Text of Proposed Order)(Eiland, Katrina) (Entered: 02/07/2018)

1 Text of Proposed Order

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Feb. 7, 2018

Feb. 7, 2018

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: May 9, 2017

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Georgia resident who is seeking a DACA status renewal

Attorney Organizations:

ACLU National (all projects)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 2018 - 2019

Content of Injunction:

Preliminary relief granted

Issues

Type of Facility:

Government-run

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - procedure