Case: Garza v. Hargan

1:17-cv-02122 | U.S. District Court for the District of Columbia

Filed Date: Oct. 13, 2017

Closed Date: Sept. 30, 2020

Clearinghouse coding complete

Case Summary

On October 13, 2017, a 17-year-old pregnant, unaccompanied immigrant in immigration custody filed this suit against the Acting Secretary of Department of Health and Human Services (HHS), the Acting Assistant Secretary for Administration for Children and Families (ACF), and the Director of the Office of Refugee Resettlement (ORR) for interference with her right to abortion. Filing via a guardian and represented by the National, District of Columbia, and California offices of the American Civil L…

On October 13, 2017, a 17-year-old pregnant, unaccompanied immigrant in immigration custody filed this suit against the Acting Secretary of Department of Health and Human Services (HHS), the Acting Assistant Secretary for Administration for Children and Families (ACF), and the Director of the Office of Refugee Resettlement (ORR) for interference with her right to abortion. Filing via a guardian and represented by the National, District of Columbia, and California offices of the American Civil Liberties Union (ACLU), the plaintiff filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sought a temporary restraining order (TRO) and a preliminary injunction to prevent defendants from obstructing, interfering with, or blocking her or other individuals’ access to abortion. The Court assigned the case to Judge Tanya Chutkan.

The plaintiff, held in a federally funded immigration facility in Texas, sought an abortion while in custody. Prevented from traveling for the abortion by facility staff, she alleged that the March 2017 ORR policy relied on by the staff for the veto was unconstitutional. She asserted that the policy resulted in an “undue burden” to her rights to reproductive healthcare under the protections of the First and Fifth Amendments of the United States Constitution. In addition, the plaintiff alleged that the defendants' practices also violated the terms of a previous settlement agreement mandating certain standards for the treatment of unaccompanied immigrants in detention, including reproductive healthcare access Flores v. Reno; and a 2013 ORR regulation requiring reproductive healthcare for victims of sexual assault. She filed a motion for class certification on October 18, 2017 for all similarly situated, pregnant, unaccompanied immigrant minors in the legal custody of the federal government denied their right to abortion.

The Plaintiff’s Temporary Restraining Order

Fearing the health implications of delaying the abortion she wanted, the plaintiff sought a TRO that would compel the defendants to promptly allow her the necessary travel to have the abortion. On October 18, 2017, Judge Chutkan granted the TRO, finding that the plaintiff would suffer irreparable harm otherwise. 2017 U.S.Dist.LEXIS 175415.

The defendants immediately appealed to the D.C. Circuit and sought an emergency stay pending the appeal. Texas, Arkansas, Louisiana, Michigan, Missouri, Nebraska, Ohio, Oklahoma, and South Carolina filed an amicus brief in support. The following day (October 19, 2017) the D.C. Circuit ordered an administrative stay of the TRO awaiting a hearing on the merits on the defendants' emergency motion for a stay. 2017 WL 4707112.

On October 20, 2017 Judges Karen LeCraft Henderson, Brett M. Kavanaugh, and Patricia A. Millett heard the appeal. The majority lifted the administrative stay and then vacated and remanded part of the TRO. 2017 WL 9854552. The Court found that the plaintiff had an uncontested constitutional right to an abortion, but pursuant to HHS policy, exercising it required release to a sponsor. Judge Millett dissented.

On October 22, 2017, the plaintiff sought an en banc rehearing in the D.C. Circuit, supported with an amicus brief from the District of Columbia along with California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Massachusetts, Oregon, Pennsylvania, Vermont, and Washington. At the October 24, 2017 hearing en banc, the D.C. Circuit vacated its previous order. 874 F.3d 735.

Following the decision on and on the same day, Judge Chutkan issued an order for defendants to comply with the abortion request within 14 days without the sponsor requirement. Judge Chutkan reasoned that the process of securing an ORR sponsor could take weeks, whereas the plaintiff only had five weeks until Texas law prohibited abortions. According to this ACLU press release, the plaintiff successfully had an abortion. 

Plaintiff Additions while Awaiting Class Certification

On November 3, 2017, the defendants filed a motion in the District Court to stay proceedings of the claim for class-wide relief scheduled for November 20, 2017 because of the defendants’ petition to the Supreme Court filed on the same day.

While waiting for certiorari, the plaintiff amended their complaint on December 15, 2017 to include two additional individual plaintiffs, one 10 weeks pregnant and the other 22 weeks pregnant, each seeking a TRO based on the same rationale as the original, single plaintiff. The amendment named one of these new plaintiffs as the proposed class representative. Judge Chutkan granted the TRO on December 18, 2017 (and extended it on December 31, 2017), finding that the policy of ORR that rationally mandated the TRO for the original plaintiff warranted the same risk of irreparable harm to the two additional plaintiffs. 2017 WL 6462270. The defendants appealed the order for the 10-weeks-pregnant plaintiff to the D.C. Circuit the following day (December 19, 2017). However, the defendants voluntarily dismissed the appeal when they discovered that the plaintiff was not a minor, but rather 19 years of age. Under the umbrella of the TRO, the 22-weeks-pregnant plaintiff received her abortion per a December 21 news reports.)

Finding that another minor within immigration custody sought an abortion, the plaintiffs again amended the complaint on January 11, 2018 to include this fourth individual plaintiff. On March 2, 2018, the plaintiffs filed a renewed motion for class certification and a preliminary injunction, citing that the proposed class likely had more potential plaintiffs than anticipated. Specifically, at least three additional minors, besides the individual plaintiffs, held in the defendants' custody between August 2017 and December 2017 had requested abortions and the government had allegedly obstructed these requests.

The Resolution

On March 30, 2018, Judge Chutkan granted the plaintiffs' motions for a preliminary injunction and class certification. Judge Chutkan determined that plaintiffs had a strong likelihood of success on the merits because ORR’s policies and practices unduly burdened plaintiffs’ reproductive decisions. Additionally, Judge Chutkan determined that the class certified met the requirements of Rule 23 of the Federal Rules of Civil Procedure. Judge Chutkan issued the final, amended version of the orders on April 16, 2018. In these orders, Judge Chutkan certified the class as all pregnant, unaccompanied immigrant minor children who are or will be in the legal custody of the federal government. The District Court ordered that the defendants and their respective successors were enjoined from: (1) obstructing any class members access to judicial bypass, medical appointments related to pregnancy dating, non-directive options counseling, abortion counseling, abortions, or other pregnancy related care; (2) forcing any class member to reveal that pregnancy/abortion decision to anyone; (3) retaliation against class members for abortion decisions; and (4) retaliation against those that facilitate class members’ ability to access abortion related medical care.

On April 9, 2018, the defendants appealed the injunction and proposed class certification to the D.C. Circuit Court, which then denied the appeal for class certification on June 4, 2018. In the order, the D.C. Circuit Court denied the motion for stay except for the non-disclosure provision, which it granted review. On that same day, the Supreme Court summarily vacated the D.C. Circuit's October 24, 2017 order on the basis that the original plaintiff's claim was now moot on account of her having had an abortion. Thus, on July 25, 2018, the D.C. Circuit vacated and remanded to the district court to dismiss the individual claim for injunctive relief as moot. In accordance with the vacating of the October 24, 2017 judgment and the July 25, 2018 remand, the D.C. Circuit dismissed the individual plaintiff’s claim for injunctive relief as moot on August 1, 2018.

The plaintiff filed a third amended complaint on Sept. 18, 2018. This filing delayed the defendant’s motion to dismiss awaiting an appeal to the Circuit Court. In the interim, the District Court administratively closed the docket on March 15, 2019. The D.C. Circuit then issued the corresponding mandate on August 6, 2019, which allowed the plaintiffs to file a motion to reopen the case on August 8, 2019, which the District Court granted the subsequent day (August 9, 2019). The parties asked for additional time to provide joint status reports on whether an evidentiary hearing was necessary on August 27, 2019. The parties continued to file joint status report updating the court, culminating in a June 11, 2020 joint stipulation in which defendants agreed to abide by the portion of a previous August 12, 2019 joint stipulation stating that defendants will continue to act in accordance with the April 12, 2018 amended class certification and preliminary injunction order.

The plaintiffs filed a stipulation of voluntary dismissal on September 29, 2020, as the ORR agreed to implement a revised policy––commonly referred to as the Garza rule––prohibiting shelters from interfering with access to reproductive health care, including abortions. The defendants agreed to post Know Your Rights notices on housing bulletin boards, and also agreed to pay plaintiffs' counsel $336,710 in attorneys' fees and costs.

The case is now closed; the Garza rule remains in effect, but there is no ongoing lawsuit in which it is enforced. 

Summary Authors

Ava Morgenstern (5/5/2018)

Virginia Weeks (9/25/2018)

Andrew Pierce (11/6/2020)

Related Cases

Flores v. Reno, Central District of California (1985)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6170061/parties/garza-v-hargan/


Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Garland, Merrick B. (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Millett, Patricia Ann (District of Columbia)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Burrows, Meagan (New York)

Chou, Jennifer Ling (California)

Dalven, Jennifer (New York)

Gill, Elizabeth O. (California)

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Garland, Merrick B. (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Millett, Patricia Ann (District of Columbia)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Burrows, Meagan (New York)

Chou, Jennifer Ling (California)

Dalven, Jennifer (New York)

Gill, Elizabeth O. (California)

Goodman, Melissa (California)

Kaley, Lindsey (New York)

Knizhnik, Shana (District of Columbia)

Mach, Daniel (District of Columbia)

Michelman, Scott (District of Columbia)

Spitzer, Arthur (District of Columbia)

Wroe, Mishan Raini (California)

Attorneys(s) for Defendant

Cole, David (District of Columbia)

Consovoy, William S. (District of Columbia)

Cook, Caroline Asley (Virginia)

Darrow, Joseph A. (District of Columbia)

Dorsey, Catherine (District of Columbia)

Fabian, Sarah B. (District of Columbia)

Flentje, August E. (District of Columbia)

Francisco, Noel (District of Columbia)

Greer, Christina P. (District of Columbia)

Haas, Alexander K (District of Columbia)

Heyse, Michael C. (District of Columbia)

Leo, Sabatino Fioravante (District of Columbia)

Molina, Ernesto H. Jr. (District of Columbia)

Mooppan, Hashim M. (District of Columbia)

Park, Michael Hun (New York)

Phillips, Carter G (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Sandhu, Papu (District of Columbia)

Shieh, Woei-Tyng Daniel (District of Columbia)

Stewart, Scott Grant (District of Columbia)

Strawbridge, Patrick (Massachusetts)

Other Attorney(s)

Becerra, Xavier (California)

Chin, Douglas S.G. (Hawaii)

Dasgupta, Anisha (New York)

Davis, James E. (Texas)

Denn, Matthew P. (Delaware)

DeWine, Michael (Ohio)

Donovan, Thomas J. Jr. (Vermont)

Ferguson, Robert W. (Washington)

Hacker, David J. (Texas)

Hawkins, Kyle Douglas (Texas)

Hawley, Joshua D. (District of Columbia)

Healey, Maura T. (Massachusetts)

Hunter, Mike (Oklahoma)

Jepson, George (Connecticut)

Keller, Scott A. (Texas)

Landry, Jeff (Louisiana)

Madigan, Lisa (Illinois)

Mateer, Jeffrey C. (Texas)

Miller, Thomas J. (Iowa)

Mills, Janet T. (Maine)

Morrisey, Patrick (West Virginia)

Murdukhayeva, Ester (New York)

Paxton, Ken (Texas)

Peterson, Doug (Nebraska)

Pitt, Mark Stephen (Kentucky)

Racine, Karl A. (Maryland)

Rosenblum, Ellen F. (Oregon)

Rutledge, Leslie (Arkansas)

Schneiderman, Eric T. (New York)

Schuette, Bill (Michigan)

Shapiro, Joshua D. (Pennsylvania)

Starr, Brantley David (Texas)

Underwood, Barbara D. (District of Columbia)

Wilson, Alan (South Carolina)

Documents in the Clearinghouse

Document

1:17-cv-02122

Docket [PACER]

Sept. 30, 2020

Sept. 30, 2020

Docket
1

1:17-cv-02122

Complaint For Injunctive Relief and Damages

Oct. 13, 2017

Oct. 13, 2017

Complaint
5

1:17-cv-02122

Motion For a Preliminary Injunction

Oct. 14, 2017

Oct. 14, 2017

Pleading / Motion / Brief
3

1:17-cv-02122

Application For a Temporary Restraining Order

Oct. 14, 2017

Oct. 14, 2017

Pleading / Motion / Brief
4

1:17-cv-02122

Emergency Motion to Shorten Defendants' Time In Which to Respond to Plaintiff's Application For a Temporary Restraining Order

Oct. 14, 2017

Oct. 14, 2017

Pleading / Motion / Brief
20

1:17-cv-02122

Temporary Restraining Order

2017 U.S.Dist.LEXIS 175415

Oct. 18, 2017

Oct. 18, 2017

Order/Opinion
18

1:17-cv-02122

Plaintiff's Motion For Class Certification

Oct. 18, 2017

Oct. 18, 2017

Pleading / Motion / Brief
BL-7

17-05236

Brief For the States of Texas, et al. As Amici Curiae In Support of Appellants and a Stay Pending Appeal

U. S. Court of Appeals for the District of Columbia Circuit

Oct. 19, 2017

Oct. 19, 2017

Pleading / Motion / Brief
BL-21

17-05236

Order

U. S. Court of Appeals for the District of Columbia Circuit

2017 U.S.App.LEXIS 20711

Oct. 20, 2017

Oct. 20, 2017

Order/Opinion
BL-24

17-05236

Emergency Petition For Rehearing En Banc to Vacate the Panel's Order and Deny Defendants-Appellants' Motion For an An Emergency Stay

U. S. Court of Appeals for the District of Columbia Circuit

Oct. 22, 2017

Oct. 22, 2017

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6170061/garza-v-hargan/

Last updated Aug. 8, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Application for TRO and PI against All Defendants ( Filing fee $ 400 receipt number 0090-5157959) filed by ROCHELLE GARZA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Hargan, # 3 Summons for Wagner, # 4 Summons for Lloyd, # 5 Summons for Attormey General, # 6 Summons for U.S. Attorney, # 7 Application for temporary restraining order, # 8 EMERGENCY Motion to shorten defendants' time to respond, # 9 Proposed order shortening defendants' time to respond, # 10 Request for TRO hearing, # 11 Motion for preliminary injunction, # 12 Memorandum in support of application for TRO and motion for preliminary injunction, # 13 Declaration of J.D.-Redacted, # 14 Declaration of Brigitte Amiri, # 15 Exhibit A, # 16 Exhibit B, # 17 Exhibit C, # 18 Exhibit D, # 19 Exhibit E, # 20 Exhibit F, # 21 Exhibit G, # 22 Exhibit H, # 23 Exhibit I, # 24 Exhibit J, # 25 Proposed temporary restraining order, # 26 Proposed preliminary injunction, # 27 Certificate required by Local Civil Rule 65.1(a))(Spitzer, Arthur) (Entered: 10/13/2017)

1 Civil Cover Sheet

View on PACER

2 Summons for Hargan

View on PACER

3 Summons for Wagner

View on PACER

4 Summons for Lloyd

View on PACER

5 Summons for Attormey General

View on PACER

6 Summons for U.S. Attorney

View on PACER

7 Application for temporary restraining order

View on RECAP

8 EMERGENCY Motion to shorten defendants' time to respond

View on RECAP

9 Proposed order shortening defendants' time to respond

View on RECAP

10 Request for TRO hearing

View on RECAP

11 Motion for preliminary injunction

View on RECAP

12 Memorandum in support of application for TRO and motion for preliminary injunct

View on PACER

13 Declaration of J.D.-Redacted

View on RECAP

14 Declaration of Brigitte Amiri

View on PACER

15 Exhibit A

View on RECAP

16 Exhibit B

View on RECAP

17 Exhibit C

View on RECAP

18 Exhibit D

View on RECAP

19 Exhibit E

View on RECAP

20 Exhibit F

View on RECAP

21 Exhibit G

View on RECAP

22 Exhibit H

View on RECAP

23 Exhibit I

View on RECAP

24 Exhibit J

View on RECAP

25 Proposed temporary restraining order

View on RECAP

26 Proposed preliminary injunction

View on PACER

27 Certificate required by Local Civil Rule 65.1(a)

View on RECAP

Oct. 13, 2017

Oct. 13, 2017

RECAP

Case Assigned/Reassigned

Oct. 13, 2017

Oct. 13, 2017

PACER
2

NOTICE of Appearance by Sarah B. Fabian on behalf of ERIC HARGAN (Fabian, Sarah) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER

Case Assigned to Judge Tanya S. Chutkan. (sth)

Oct. 13, 2017

Oct. 13, 2017

PACER
3

MOTION for Temporary Restraining Order by ROCHELLE GARZA (Attachments: # 1 Request for TRO hearing, # 2 Memorandum in Support, # 3 Declaration of J.D. - Redacted, # 4 Declaration of Brigitte Amiri, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Proposed temporary restraining order, # 16 Certificate Pursuant to Local Civil Rule 65)(Spitzer, Arthur) (Entered: 10/14/2017)

1 Request for TRO hearing

View on PACER

2 Memorandum in Support

View on RECAP

3 Declaration of J.D. - Redacted

View on PACER

4 Declaration of Brigitte Amiri

View on PACER

5 Exhibit A

View on PACER

6 Exhibit B

View on PACER

7 Exhibit C

View on PACER

8 Exhibit D

View on PACER

9 Exhibit E

View on PACER

10 Exhibit F

View on PACER

11 Exhibit G

View on PACER

12 Exhibit H

View on PACER

13 Exhibit I

View on PACER

14 Exhibit J

View on PACER

15 Proposed temporary restraining order

View on RECAP

16 Certificate Pursuant to Local Civil Rule 65

View on RECAP

Oct. 14, 2017

Oct. 14, 2017

RECAP
4

Emergency MOTION for an Order Shortening defendants' Time in Which to respond to Plaintiff's Appliction for a Temporary Restraining Order by ROCHELLE GARZA (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/14/2017)

Oct. 14, 2017

Oct. 14, 2017

PACER
5

MOTION for Preliminary Injunction by ROCHELLE GARZA (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction, # 2 Declaration of J.D. - Redacted, # 3 Declaration of Brigitte Amiri, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Proposed Preliminary Injunction)(Spitzer, Arthur) (Entered: 10/14/2017)

1 Memorandum in Support of Motion for Preliminary Injunction

View on RECAP

2 Declaration of J.D. - Redacted

View on RECAP

3 Declaration of Brigitte Amiri

View on PACER

4 Exhibit A

View on PACER

5 Exhibit B

View on PACER

6 Exhibit C

View on PACER

7 Exhibit D

View on PACER

8 Exhibit E

View on PACER

9 Exhibit F

View on PACER

10 Exhibit G

View on PACER

11 Exhibit H

View on PACER

12 Exhibit I

View on PACER

13 Exhibit J

View on PACER

14 Proposed Preliminary Injunction

View on RECAP

Oct. 14, 2017

Oct. 14, 2017

RECAP
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brigitte Amiri, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, 18th Floor, New York, NY 10004. Phone No. - 212-549-2500. Fax No. - 212-549-2652 Filing fee $ 100, receipt number 0090-5159509. Fee Status: Fee Paid. by ROCHELLE GARZA (Attachments: # 1 Declaration of Brigitte Amiri, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/14/2017)

1 Declaration of Brigitte Amiri

View on PACER

2 Text of Proposed Order

View on RECAP

Oct. 14, 2017

Oct. 14, 2017

PACER
7

SUMMONS (5) Issued Electronically as to ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(sth) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/16/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/15/2017. (Attachments: # 1 Declaration of service)(Spitzer, Arthur) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER

Order on Motion for Miscellaneous Relief

Oct. 17, 2017

Oct. 17, 2017

PACER

MINUTE ORDER granting in part and denying in part 4 Motion for Expedited Briefing. Defendants' response is due at 7:00 PM on 10/17/2017. Any reply would be due prior to 12:00 PM on 10/18/2017. The court will hold a hearing at 12:00 PM on 10/18/2017 in Courtroom 2. Signed by Judge Tanya S. Chutkan on 10/17/2017. (lctsc3)

Oct. 17, 2017

Oct. 17, 2017

PACER

Set/Reset Deadlines/Hearings

Oct. 17, 2017

Oct. 17, 2017

PACER

Set/Reset Deadlines/Hearings: Response due 7:00 p.m. on 10/17/2017. Reply due by 12:00 on 10/18/2017. Preliminary Injunction Hearing set for 10/18/2017 at 12:00 PM in Courtroom 2 before Judge Tanya S. Chutkan. (tb)

Oct. 17, 2017

Oct. 17, 2017

PACER
9

NOTICE of Appearance by Alexander Kenneth Haas on behalf of ERIC HARGAN (Haas, Alexander) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
10

RESPONSE re 3 MOTION for Temporary Restraining Order, 5 MOTION for Preliminary Injunction filed by ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER. (Attachments: # 1 Declaration Declaration of Jonathan White)(Haas, Alexander) (Entered: 10/17/2017)

1 Declaration Declaration of Jonathan White

View on RECAP

Oct. 17, 2017

Oct. 17, 2017

RECAP
11

NOTICE of Appearance by Scott G. Stewart on behalf of All Defendants (Stewart, Scott) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
12

NOTICE of Appearance by Scott A. Keller on behalf of TEXAS, STATE OF (Keller, Scott) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

RECAP
13

MOTION for Leave to File Brief of Texas et al. as Amici Curiae by TEXAS, STATE OF (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Brief of Amici Curiae in Support of Defendant)(Keller, Scott) (Entered: 10/17/2017)

1 Text of Proposed Order Proposed Order

View on PACER

2 Exhibit Brief of Amici Curiae in Support of Defendant

View on RECAP

Oct. 17, 2017

Oct. 17, 2017

RECAP
14

ENTERED IN ERROR.....REPLY to opposition to motion re 3 MOTION for Temporary Restraining Order, 5 MOTION for Preliminary Injunction filed by ROCHELLE GARZA. (Spitzer, Arthur) Modified on 10/19/2017 (znmw). (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

RECAP

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 18, 2017

Oct. 18, 2017

PACER
15

REPLY to opposition to motion re 3 MOTION for Temporary Restraining Order, 5 MOTION for Preliminary Injunction [re-filed] filed by ROCHELLE GARZA. (Spitzer, Arthur) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

RECAP

Preliminary Injunction

Oct. 18, 2017

Oct. 18, 2017

PACER

USCA Case Number

Oct. 18, 2017

Oct. 18, 2017

PACER

MINUTE ORDER: Granting 6 Motion for Leave to Appear Pro Hac Vice. Brigitte Amiri is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 10/18/17. (DJS)

Oct. 18, 2017

Oct. 18, 2017

PACER

Minute Entry: Preliminary Injunction Hearing held on 10/18/2017 for proceedings held before Judge Tanya S. Chutkan: Motion heard and ruling to be issued by 5:00 p.m. today. (Court Reporter Pat Kaneshiro-Miller) (tb)

Oct. 18, 2017

Oct. 18, 2017

PACER
16

NOTICE of Appearance by Daniel Mach on behalf of ROCHELLE GARZA (Mach, Daniel) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
17

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
18

MOTION to Certify Class by ROCHELLE GARZA (Attachments: # 1 Declaration of A. Spitzer in support of class cert., # 2 Declaration of S. Michelman in support of class cert., # 3 Declaration of B. Amiri in support of class cert., # 4 Exhibit A to Decl. of B. Amiri, # 5 Exhibit B to Decl. of B. Amiri, # 6 Exhibit D to Decl. of B. Amiri, # 7 Text of Proposed Order)(Michelman, Scott) (Entered: 10/18/2017)

1 Declaration of A. Spitzer in support of class cert.

View on PACER

2 Declaration of S. Michelman in support of class cert.

View on PACER

3 Declaration of B. Amiri in support of class cert.

View on RECAP

4 Exhibit A to Decl. of B. Amiri

View on PACER

5 Exhibit B to Decl. of B. Amiri

View on RECAP

6 Exhibit D to Decl. of B. Amiri

View on RECAP

7 Text of Proposed Order

View on PACER

Oct. 18, 2017

Oct. 18, 2017

RECAP
19

NOTICE of Filing of Additional Exhibit by ROCHELLE GARZA re 18 MOTION to Certify Class (Attachments: # 1 Exhibit Ex. C. to Decl. of B. Amiri in support of class cert. (part 1 of 6), # 2 Exhibit Ex. C. to Decl. of B. Amiri in support of class cert. (part 2 of 6), # 3 Exhibit Ex. C. to Decl. of B. Amiri in support of class cert. (part 3 of 6), # 4 Exhibit Ex. C. to Decl. of B. Amiri in support of class cert. (part 4 of 6), # 5 Exhibit Ex. C. to Decl. of B. Amiri in support of class cert. (part 5 of 6), # 6 Exhibit Ex. C. to Decl. of B. Amiri in support of class cert. (part 6 of 6))(Michelman, Scott) (Entered: 10/18/2017)

1

View on RECAP

2

View on RECAP

3

View on RECAP

4

View on RECAP

5

View on RECAP

6

View on RECAP

Oct. 18, 2017

Oct. 18, 2017

RECAP
20

ORDER granting 3 Motion for TRO. Signed by Judge Tanya S. Chutkan on 10/18/2017. (lctsc3) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

RECAP
21

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 20 Order on Motion for TRO by STEPHEN WAGNER, ERIC HARGAN, SCOTT LLOYD. Fee Status: No Fee Paid. Parties have been notified. (Haas, Alexander) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

RECAP

USCA Case Number 17-5236 for 21 Notice of Appeal to DC Circuit Court filed by SCOTT LLOYD, ERIC HARGAN, STEPHEN WAGNER. (zrdj)

Oct. 18, 2017

Oct. 18, 2017

PACER

Notice of Corrected Docket Entry

Oct. 19, 2017

Oct. 19, 2017

PACER

NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 14 Reply to opposition to Motion was entered in error (incorrect/blank document) and was refiled as Docket Entry 15 Reply to opposition to Motion. (znmw)

Oct. 19, 2017

Oct. 19, 2017

PACER
22

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 21 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

RECAP
26

RECALLED PURSUANT TO 31 MANDATE FILED 10/24/2017.....MANDATE of USCA as to 21 Notice of Appeal to DC Circuit Court filed by SCOTT LLOYD, ERIC HARGAN, STEPHEN WAGNER. USCA Case Number 17-5236. (Attachments: # 1 order filed October 20, 2017)(zrdj) Modified on 10/25/2017 (zrdj). (Entered: 10/24/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
23

NOTICE of Filing Declaration of Robert Carey by ROCHELLE GARZA (Attachments: # 1 Declaration of Robert Carey)(Spitzer, Arthur) (Entered: 10/22/2017)

1 Declaration of Robert Carey

View on PACER

Oct. 22, 2017

Oct. 22, 2017

PACER
24

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ROCHELLE GARZA (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Marie Christine Cortez)(Spitzer, Arthur) (Entered: 10/22/2017)

Oct. 22, 2017

Oct. 22, 2017

PACER
25

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration Sealed Declaration of Jonathan White)(Haas, Alexander) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER

Order on Sealed Motion for Leave to File Document Under Seal

Oct. 23, 2017

Oct. 23, 2017

PACER

MINUTE ORDER: DENYING without prejudice Motion 24 to File Document Under Seal. Plaintiff may file a redacted version of the document or explain why redaction is impossible or impracticable. SO ORDERED - by Judge Tanya S. Chutkan on 10/23/17. (tb)

Oct. 23, 2017

Oct. 23, 2017

PACER

MINUTE ORDER: DENYING without prejudice Motion 25 to File Document Under Seal. Defendants may file a redacted version of the document or explain why redaction is impossible or impracticable. SO ORDERED - by Judge Tanya S. Chutkan on 10/23/17. (tb)

Oct. 23, 2017

Oct. 23, 2017

PACER
27

Emergency MOTION to Amend/Correct 20 Order on Motion for TRO by ROCHELLE GARZA (Attachments: # 1 Proposed Amended Temporary Restraining Order)(Spitzer, Arthur) (Entered: 10/24/2017)

1 Proposed Amended Temporary Restraining Order

View on PACER

Oct. 24, 2017

Oct. 24, 2017

RECAP

Order

Oct. 24, 2017

Oct. 24, 2017

PACER
28

ERRATA attaching documents that should have been attached by ROCHELLE GARZA 27 Emergency MOTION to Amend/Correct 20 Order on Motion for TRO filed by ROCHELLE GARZA. (Attachments: # 1 Court of Appeals En Banc Order, # 2 Court of Appeals Mandate)(Spitzer, Arthur) (Entered: 10/24/2017)

1 Court of Appeals En Banc Order

View on PACER

2 Court of Appeals Mandate

View on PACER

Oct. 24, 2017

Oct. 24, 2017

RECAP

Mandate Recalled

Oct. 24, 2017

Oct. 24, 2017

PACER
29

ORDER granting 27 Motion to Amend/Correct TRO. Signed by Judge Tanya S. Chutkan on 10/24/17. (lctsc3) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

RECAP

MINUTE ORDER: The court will shortly enter its Findings of Fact to accompany the Amended Temporary Restraining Order 29 entered on 10/24/17. Signed by Judge Tanya S. Chutkan on 10/24/17. (DJS)

Oct. 24, 2017

Oct. 24, 2017

PACER
30

ORDER: Findings of Fact in Support of Amended Temporary Restraining Order 29 . Signed by Judge Tanya S. Chutkan on 10/24/17. (lctsc3) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

RECAP
31

MANDATE of USCA as to 21 Notice of Appeal to DC Circuit Court filed by SCOTT LLOYD, ERIC HARGAN, STEPHEN WAGNER. USCA Case Number 17-5032. (Attachments: # 1 judgment filed October 24, 2017)(zrdj) Modified on 10/26/2017 (zrdj). Modified date of judgment on 10/26/2017 (znmw). (Entered: 10/25/2017)

1 judgment filed August 29, 2017

View on RECAP

Oct. 24, 2017

Oct. 24, 2017

RECAP

MANDATE RECALLED pursuant to USCA 31 MANDATE re 26 USCA Mandate dated 10/20/2017. USCA electronically notified. (zrdj)

Oct. 24, 2017

Oct. 24, 2017

PACER
32

NOTICE of Appearance by Brigitte Amiri on behalf of ROCHELLE GARZA (Amiri, Brigitte) (Main Document 32 replaced on 10/26/2017) (znmw). (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

RECAP
33

Unopposed MOTION for Leave for J.D. to Proceed under Pseudonym by ROCHELLE GARZA (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/25/2017)

1 Text of Proposed Order

View on PACER

Oct. 25, 2017

Oct. 25, 2017

RECAP
34

NOTICE OF SUBSTITUTION OF COUNSEL by Joseph Anton Darrow on behalf of ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER Substituting for attorney Alexander K. Haas and Scott G. Stewart (Darrow, Joseph) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

RECAP
35

MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Preliminary Injunction, 18 MOTION to Certify Class by ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER (Attachments: # 1 Text of Proposed Order)(Darrow, Joseph) (Entered: 10/26/2017)

1 Text of Proposed Order

View on RECAP

Oct. 26, 2017

Oct. 26, 2017

RECAP
36

ERRATA Notice by ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER. (Darrow, Joseph) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

RECAP
37

Memorandum in opposition to re 35 MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Preliminary Injunction, 18 MOTION to Certify Class filed by ROCHELLE GARZA. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/30/2017)

1 Text of Proposed Order

View on PACER

Oct. 30, 2017

Oct. 30, 2017

RECAP
38

Cross MOTION to Extend Paragraphs 3 and 4 of Amended Temporary Restraining Order re 29 Order on Motion to Amend/Correct by ROCHELLE GARZA (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/30/2017)

1 Text of Proposed Order

View on PACER

Oct. 30, 2017

Oct. 30, 2017

RECAP
39

ORDER granting in part and denying in part 35 Motion for Extension of Time to File Response/Reply ; granting 38 Plaintiffs' Cross-Motion for Extension of the Amended Temporary Restraining Order. Defendants' Response to Plaintiffs' Motion for Class Certification is due on November 20, 2017. Plaintiffs' reply, if any, is due on November 27, 2017. The requirements of paragraphs 3 and 4 of the Amended Temporary Restraining Order entered on October 24, 2017 are hereby extended until further order of the court.. Signed by Judge Tanya S. Chutkan on 10/30/2017. (lctsc3) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

RECAP

Set/Reset Deadlines

Oct. 31, 2017

Oct. 31, 2017

PACER

Set/Reset Deadlines: Response due by 11/20/2017. Reply due by 11/27/2017. (tb)

Oct. 31, 2017

Oct. 31, 2017

PACER
40

REDACTED DOCUMENT- Declaration of Jonathan White in support of Defendants' Response to Plaintiffs' Motion for a TRO and Preliminary Injunction by ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER. (Darrow, Joseph) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

RECAP
41

NOTICE of Filing Redacted Declaration of Marie Christine Cortez by ROCHELLE GARZA (Attachments: # 1 Redacted Declaration of Marie Christine Cortez)(Spitzer, Arthur) (Entered: 11/01/2017)

1 Redacted Declaration of Marie Christine Cortez

View on RECAP

Nov. 1, 2017

Nov. 1, 2017

RECAP
42

MOTION for Leave to File Declaration of Marie Christine Cortez Under Seal, RENEWED, by ROCHELLE GARZA (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 11/01/2017)

1 Text of Proposed Order

View on PACER

Nov. 1, 2017

Nov. 1, 2017

RECAP
43

NOTICE of Appearance by Woei-Tyng Daniel Shieh on behalf of All Defendants (Shieh, Woei-Tyng) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
44

MOTION for Leave to File Opposition to Motion for Preliminary Class-wide Relief, MOTION to Stay Proceedings Concerning Preliminary Class-wide Relief Pending Supreme Court Review by ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER (Attachments: # 1 Exhibit A - Petition for Writ of Certiorari, # 2 Text of Proposed Order)(Darrow, Joseph) (Entered: 11/03/2017)

1 Exhibit A - Petition for Writ of Certiorari

View on PACER

2 Text of Proposed Order

View on PACER

Nov. 3, 2017

Nov. 3, 2017

PACER
45

MOTION for Reconsideration re 39 Order on Motion for Extension of Time to File Response/Reply,,, Order on Motion for Miscellaneous Relief,, by ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER (Shieh, Woei-Tyng) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

RECAP
46

Memorandum in opposition to re 44 MOTION for Leave to File Opposition to Motion for Preliminary Class-wide Relief MOTION to Stay Proceedings Concerning Preliminary Class-wide Relief Pending Supreme Court Review filed by ROCHELLE GARZA. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
47

ENTERED IN ERROR.....NOTICE of Appearance by Sabatino Fioravante Leo on behalf of ERIC HARGAN (Leo, Sabatino) Modified on 11/13/2017 (znmw). (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
48

NOTICE of Appearance by Sabatino Fioravante Leo on behalf of All Defendants (Leo, Sabatino) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
49

REPLY to opposition to motion re 44 MOTION for Leave to File Opposition to Motion for Preliminary Class-wide Relief MOTION to Stay Proceedings Concerning Preliminary Class-wide Relief Pending Supreme Court Review filed by ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER. (Leo, Sabatino) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

RECAP

Notice of Corrected Docket Entry

Nov. 13, 2017

Nov. 13, 2017

PACER

NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 47 Notice of Appearance was entered in error as a duplicate of Docket Entry 48 Notice of Appearance. (znmw)

Nov. 13, 2017

Nov. 13, 2017

PACER
50

NOTICE OF WITHDRAWAL OF APPEARANCE as to ERIC HARGAN. Attorney Sarah B. Fabian terminated. (Fabian, Sarah) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
51

ORDER granting 42 Renewed Motion for Leave to File Document Under Seal. Signed by Judge Tanya S. Chutkan on 11/20/2017. (lctsc3) Modified on 11/21/2017 (DJS). (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

RECAP
52

Memorandum in opposition to re 45 MOTION for Reconsideration re 39 Order on Motion for Extension of Time to File Response/Reply,,, Order on Motion for Miscellaneous Relief,, filed by ROCHELLE GARZA. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 11/20/2017)

1 Text of Proposed Order

View on PACER

Nov. 20, 2017

Nov. 20, 2017

RECAP
53

RESPONSE re 18 MOTION to Certify Class filed by ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER. (Attachments: # 1 Declaration Declaration of J. White)(Leo, Sabatino) (Entered: 11/20/2017)

1 Declaration Declaration of J. White

View on PACER

Nov. 20, 2017

Nov. 20, 2017

RECAP
54

SEALED DOCUMENT (Declaration of Marie Christine Cortez) filed by ROCHELLE GARZA. (This document is SEALED and only available to authorized persons.)(znmw) (Entered: 11/21/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
55

REPLY to opposition to motion re 45 MOTION for Reconsideration re 39 Order on Motion for Extension of Time to File Response/Reply,,, Order on Motion for Miscellaneous Relief,, filed by ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER. (Shieh, Woei-Tyng) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
56

REPLY to opposition to motion re 18 MOTION to Certify Class filed by ROCHELLE GARZA. (Attachments: # 1 Declaration Brigitte Amiri, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Amiri, Brigitte) (Entered: 11/27/2017)

1 Declaration Brigitte Amiri

View on RECAP

2 Exhibit A

View on RECAP

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

7 Exhibit F

View on PACER

8 Exhibit G

View on PACER

9 Exhibit H

View on PACER

10 Exhibit I

View on PACER

11 Exhibit J

View on PACER

12 Exhibit K

View on PACER

Nov. 27, 2017

Nov. 27, 2017

RECAP
57

NOTICE of Appearance by William S. Consovoy on behalf of SCOTT LLOYD, STEPHEN WAGNER (Consovoy, William) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

PACER
58

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Patrick Strawbridge, :Firm- Consovoy McCarthy Park PLLC, :Address- Ten Post Office Square, 8th Floor South PMB #706, Boston, MA 02109. Phone No. - (617) 227-0548. Fax No. - (617) 227-0548 Filing fee $ 100, receipt number 0090-5239054. Fee Status: Fee Paid. by SCOTT LLOYD, STEPHEN WAGNER (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Consovoy, William) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
59

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Park, :Firm- Consovoy McCarthy Park PLLC, :Address- 3 Columbus Circle, 15th Floor, New York, NY 10019. Phone No. - (212) 247-8006. Fax No. - (212) 247-8006 Filing fee $ 100, receipt number 0090-5239096. Fee Status: Fee Paid. by SCOTT LLOYD, STEPHEN WAGNER (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Consovoy, William) (Entered: 12/08/2017)

1 Declaration

View on PACER

2 Text of Proposed Order

View on PACER

Dec. 8, 2017

Dec. 8, 2017

PACER
60

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Caroline Cook, :Firm- Consovoy McCarthy Park PLLC, :Address- 3033 Wilson Blvd., Suite 700, Arlington, VA, 22201. Phone No. - 703-243-9423. Fax No. - 703-243-9423 Filing fee $ 100, receipt number 0090-5239120. Fee Status: Fee Paid. by SCOTT LLOYD, STEPHEN WAGNER (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Consovoy, William) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 11, 2017

Dec. 11, 2017

PACER

MINUTE ORDER: Granting 58 59 60 Motions for Leave to Appear Pro Hac Vice. Attorneys Patrick Neilson Strawbridge, Michael H. Park and Caroline Ashley Cook are hereby admitted pro hac vice to appear in this matter on behalf of Defendants Stephen Wagner and Scott Lloyd in their individual capacities. Signed by Judge Tanya S. Chutkan on 12/11/17. (DJS)

Dec. 11, 2017

Dec. 11, 2017

PACER
61

Consent MOTION to Amend/Correct 1 Complaint,,,, by ROCHELLE GARZA (Attachments: # 1 Proposed Amended Complaint, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/15/2017)

1 Proposed Amended Complaint

View on RECAP

2 Text of Proposed Order

View on RECAP

Dec. 15, 2017

Dec. 15, 2017

PACER

Order on Motion to Amend/Correct

Dec. 15, 2017

Dec. 15, 2017

PACER
62

Consent MOTION for Leave to Proceed under Pseudonyms by ROCHELLE GARZA (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/15/2017)

1 Text of Proposed Order

View on PACER

Dec. 15, 2017

Dec. 15, 2017

RECAP

Order on Motion for Miscellaneous Relief

Dec. 15, 2017

Dec. 15, 2017

PACER
63

MOTION for Temporary Restraining Order by ROCHELLE GARZA (Attachments: # 1 Memorandum in Support, # 2 Declaration of Jane Roe, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/15/2017)

1 Memorandum in Support

View on RECAP

2 Declaration of Jane Roe

View on RECAP

3 Text of Proposed Order

View on RECAP

Dec. 15, 2017

Dec. 15, 2017

RECAP

Order

Dec. 15, 2017

Dec. 15, 2017

PACER

MINUTE ORDER: Granting 61 Consent Motion to File Amended Complaint. Signed by Judge Tanya S. Chutkan on 12/15/17. (DJS)

Dec. 15, 2017

Dec. 15, 2017

PACER

MINUTE ORDER: Granting 62 Consent Motion for Leave to Proceed under Pseudonyms. Signed by Judge Tanya S. Chutkan on 12/15/17. (DJS)

Dec. 15, 2017

Dec. 15, 2017

PACER

MINUTE ORDER: Defendants shall file a Response to Plaintiffs' Motion 63 for a Temporary Restraining Order by 5:00 p.m. on Sunday 12/17/17. To the extent Plaintiffs wish to file a Reply, they may do so by Monday 12/18/17 at 9:00 a.m. A motion hearing is hereby set for Monday 12/18/17. The court will issue an order shortly setting a time for the hearing. Signed by Judge Tanya S. Chutkan on 12/15/17.(DJS)

Dec. 15, 2017

Dec. 15, 2017

PACER
83

AMENDED COMPLAINT against ERIC HARGAN, SCOTT LLOYD, STEPHEN WAGNER filed by ROCHELLE GARZA, JANE POE, JANE ROE.(td) (Entered: 12/19/2017)

Dec. 15, 2017

Dec. 15, 2017

RECAP
64

NOTICE of Filing Declaration of Jane Poe by ROCHELLE GARZA re 63 MOTION for Temporary Restraining Order (Attachments: # 1 Declaration of Jane Poe)(Amiri, Brigitte) (Entered: 12/16/2017)

1 Declaration of Jane Poe

View on RECAP

Dec. 16, 2017

Dec. 16, 2017

PACER
65

SUPPLEMENTAL MEMORANDUM to re 18 MOTION to Certify Class filed by ROCHELLE GARZA. (Attachments: # 1 Text of Proposed Order as Amended)(Michelman, Scott) (Entered: 12/17/2017)

1 Text of Proposed Order as Amended

View on PACER

Dec. 17, 2017

Dec. 17, 2017

RECAP

Order

Dec. 17, 2017

Dec. 17, 2017

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 13, 2017

Closing Date: Sept. 30, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A pregnant unaccompanied immigrant minor held in federal immigration custody and seeking an abortion, on behalf of a class of all similarly situated minors. Three additional plaintiffs joined over the course of the litigation.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Northern California

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Health and Human Services, Federal

U.S. Administration for Children and Families, Federal

U.S. Office of Refugee Resettlement, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Due Process

Establishment Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: 336710

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Government Services

Juveniles

Affected Gender:

Female

Medical/Mental Health:

Reproductive health care (including birth control, abortion, and others)

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - procedures

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation