Civil Rights Litigation Clearinghouse

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 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.

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Summary Authors

Sichun Liu (5/12/2019)

People

For PACER's information on parties and their attorneys, 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)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER]	May 25, 2018	Docket
1	Complaint for Declaratory and Injunctive Relief	May 9, 2017	Complaint
8	First Amended Complaint for Declaratory and Injunctive Relief [with Exhibit 1]	May 18, 2017	Complaint
19	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	Pleading / Motion / Brief
28	Order [granting preliminary injunction] Colotl v. Kelly 261 F.Supp.3d 1328, 2017 WL 2889681	June 12, 2017	Order/Opinion
43	Order	July 31, 2017	Order/Opinion
60	Order	Nov. 8, 2017	Order/Opinion
73-1	Settlement Agreement	May 25, 2018	Settlement Agreement

Docket

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

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

ECF Number	Description	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 View on PACER 2 Exhibit A View on PACER 3 Exhibit A2 View on PACER 4 Exhibit A3 View on PACER 5 Exhibit A4 View on PACER 6 Exhibit A5 View on PACER 7 Exhibit B View on PACER 8 Exhibit C View on PACER 9 Exhibit D View on PACER 10 Exhibit E View on PACER 11 Exhibit F View on PACER 12 Exhibit G View on PACER 13 Exhibit H View on PACER	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	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 View on PACER	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 View on PACER	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 View on PACER 2 U.S. Attorney View on PACER 3 Sirce Corrected Summons View on PACER 4 U.S. Attorney Corrected Summons View on PACER 5 Attorney General Corrected Summons View on PACER	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 View on PACER	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	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	PACER
	Add and Terminate Parties	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	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	PACER
10	PROPOSED SUMMONS filed by Jessica M. Colotl Coyotl on James McCament (Claffey, Danielle) (Entered: 05/22/2017)	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	PACER
12	PROPOSED SUMMONS filed by Jessica M. Colotl Coyotl on Thomas D. Homan (Claffey, Danielle) (Entered: 05/22/2017)	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 View on PACER 2 McCament summons View on PACER	May 23, 2017	PACER
	Notification of Docket Correction	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 View on PACER 2 Affidavit Colotl Declaration View on PACER 3 Affidavit Kuck Declaration View on PACER 4 Exhibit Ex 1: Consent Order Dismissing Charges View on PACER 5 Exhibit Ex 2: Criminal Docket View on PACER 6 Exhibit Ex 3: Dead Docket Notice View on PACER 7 Exhibit Ex 4: Plea and Arraignment View on PACER 8 Exhibit Ex 5: Velez Letter of Recommendation View on PACER 9 Exhibit Ex 6: Figueroa Letter in Support View on PACER 10 Exhibit Ex 7: Silva Letter in Support View on PACER 11 Exhibit Ex 8: BIA Decision and Order View on PACER 12 Exhibit Ex 9: DHS Supplemental Brief in Immigration Court View on PACER 13 Exhibit Ex 10: DHS Second Supplemental Brief in Immigration Court View on PACER 14 Exhibit Ex 11: Napolitano Memorandum View on PACER 15 Exhibit Ex 12: Kelly Memorandum View on PACER 16 Exhibit Ex 13: DHS Q & A View on PACER 17 Exhibit Ex 14: DACA Standard Operating Procedures Excerpts View on PACER 18 Exhibit Ex 15: President Obama Remarks View on PACER 19 Exhibit Ex 16: President Trump DACA Remarks Politico Article View on PACER 20 Exhibit Ex 17: USCIS DACA FAQ View on PACER 21 Exhibit Ex 18: President Trump DACA Remarks Time Article View on PACER 22 Exhibit Ex 19: President Trump DACA Remarks New York Times Article View on PACER 23 Exhibit Ex 20: President Trump DACA Remarks ABC News Article View on PACER 24 Exhibit Ex 21: President Trump DACA Remarks AP Article View on PACER 25 Exhibit Ex 22: 2012 DACA Application View on PACER 26 Exhibit Ex 23: 2015 DACA Renewal Application View on PACER 27 Exhibit Ex 24: 2016 DACA Renewal Application View on PACER 28 Exhibit Ex 25: AP Article about Ms. Colotl View on PACER 29 Exhibit Ex 26: Atlanta Journal-Constitution Article about Ms. Colotl View on PACER 30 Exhibit Ex 27: NPR Morning Edition Article about Ms. Colotl View on PACER 31 Exhibit Ex 28: WXIA Article about Ms. Colotl View on PACER 32 Exhibit Ex 29: New York Times Article about Ms. Colotl View on PACER 33 Text of Proposed Order Proposed Order View on PACER	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	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	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	PACER
	Order	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	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 View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER	May 26, 2017	PACER
	Notice of Hearing on Motion	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	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 View on PACER 2 All Exhibits View on RECAP	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 View on PACER 2 Exhibit Screenshot of DHS Website View on PACER 3 Exhibit ICE Statement View on PACER	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	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	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	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 View on PACER	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	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	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	PACER
	Submission to District Judge	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	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 View on RECAP	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	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 View on PACER	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	PACER
	Approval of Application for Admission Pro Hac Vice	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	PACER
	Order on Application for Admission PHV	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	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 View on PACER 2 Exhibit G - Appx D View on PACER 3 Exhibit H - Appx E View on PACER 4 Exhibit I - Appx F View on PACER 5 Exhibit J - Appx J View on PACER 6 Exhibit K - FAQ View on PACER	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	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 View on PACER 2 Text of Proposed Order to seal exhibits View on PACER	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	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 View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER	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 View on PACER	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	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 View on PACER	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 View on PACER	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	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 View on PACER	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	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	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	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 View on PACER 2 Text of Proposed Order View on PACER	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	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	PACER
	Submission to District Judge	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	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	PACER
	Set Deadlines/Hearings	Aug. 21, 2017	PACER
	Set Deadlines/Hearings: Defendants' answers due 10/2/2017. (jpa)	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 View on PACER	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	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 View on RECAP	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 View on PACER	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	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 View on PACER	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	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	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 View on PACER 2 Affidavit Declaration of Katrina Eiland View on PACER 3 Exhibit Exhibit 1 View on PACER 4 Exhibit Exhibit 2 View on PACER 5 Exhibit Exhibit 3 View on PACER 6 Text of Proposed Order Proposed Order View on PACER	Nov. 1, 2017	PACER
	Approval of Application for Admission Pro Hac Vice	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	PACER
	Order on Application for Admission PHV	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	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 View on PACER	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 View on PACER	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	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	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	PACER
	Submission to District Judge	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	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 View on PACER	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 View on PACER	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	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 View on PACER	Jan. 5, 2018	PACER
	Submission to District Judge	Jan. 9, 2018	PACER
	Submission of 65 Stipulation, submitted to District Judge Mark H. Cohen. (jpa)	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	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 View on PACER 2 Statement of Material Facts View on PACER 3 Exhibit Administrative Record Part 1 View on PACER 4 Exhibit Administrative Record Part 2 View on PACER	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	RECAP
	Submission to District Judge	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	PACER
	Notification of Docket Correction	Feb. 2, 2018	PACER
	Notification of Docket Correction re Submission to District Judge of 67 : Clerk's error. Submission Premature. (bnw)	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 View on PACER	Feb. 7, 2018	PACER