Case: Saravia v. Sessions

3:17-cv-03615 | U.S. District Court for the Northern District of California

Filed Date: June 22, 2017

Closed Date: Dec. 9, 2019

Clearinghouse coding complete

Case Summary

This case, filed on June 22, 2017, was brought by a parent on behalf of her minor child for wrongful incarceration by U.S. Immigration and Customs Enforcement (ICE). The complaint alleged that the minor, A.H., was released into the plaintiff's custody but that a few years later, ICE arrested and detained him without cause. Represented by the ACLU of Northern California, the ACLU Immigrants' Rights Project, and the private law firm Cooley LLP, the plaintiff argued that the government violated th…

This case, filed on June 22, 2017, was brought by a parent on behalf of her minor child for wrongful incarceration by U.S. Immigration and Customs Enforcement (ICE). The complaint alleged that the minor, A.H., was released into the plaintiff's custody but that a few years later, ICE arrested and detained him without cause. Represented by the ACLU of Northern California, the ACLU Immigrants' Rights Project, and the private law firm Cooley LLP, the plaintiff argued that the government violated the First and Fifth Amendments, the Immigration and Nationality Act (INA), the Trafficking Victims Protection Reauthorization Act (TVPRA), and the Flores Agreement. The case was filed as a petition for writ of habeas corpus as well as a complaint for injunctive and declaratory relief in the U.S. District Court for the Northern District of California.

The complaint alleged that the minor, A.H., entered the United States as an unaccompanied minor in 2015 after leaving Honduras to escape his abusive father. Shortly thereafter, the Office of Refugee Resettlement (ORR) released A.H. into the plaintiff's custody, and the two resided in New York State. The complaint stated that A.H. was eligible to receive Special Immigrant Juvenile (SIJ) status, making it possible for him to receive U.S. citizenship. However, on June 12, 2017, the plaintiff alleged that ICE agents "arrested A.H. outside his home, refused his repeated requests to contact his attorney, and interrogated him without counsel present." The next day, without notice to the plaintiff or A.H.'s attorney, two federal agents took A.H. to a secure juvenile facility in northern California. The complaint argued that the detention would prevent A.H. from attending scheduled hearings in New York regarding his immigration status, which in turn would prevent him from getting SIJ status and eventually citizenship.

The case was assigned to Judge Vince Chhabria on June 23.

The plaintiff moved for a temporary restraining order on June 23, which Judge Chhabria granted and denied in part on June 29. The ruling was made from the bench, and there is no written memorandum accompanying it.

The plaintiff then filed an amended complaint on Aug. 11, 2017. The new class action complaint added two additional named plaintiffs with children in similar situations as A.H., and alleged that all had been detained on the basis of unsubstantiated gang affiliation charges. The minors, the complaint argued, were profiled as gang members on the basis of the neighborhoods they lived in. The complaint also sought to certify a class consisting of "all unaccompanied immigrant children . . . who had previously been detained in ORR custody and released by ORR to a parent or other sponsor, and who thereafter have been or will be arrested by U.S. immigration authorities on or after April 1, 2017 with allegations of gang affiliation and detained in a secure or staff secure detention center under the oversight authority of the San Francisco-based ORR Federal Field Specialist."

The defendants moved to dismiss the case on Sept. 14, 2017 while the plaintiffs moved for a preliminary injunction on Sept. 25, 2017. On Nov. 20, Judge Chhabria granted a preliminary injunction and provisionally certified the class. 2017 WL 5569838. Judge Chhabria stated that "there is no reason to deny these minors protections that noncitizens typically get after having been released on bond or parole. . . . . By shipping the minors across the country for indefinite detention in a high-security facility before providing that hearing, the government has violated their due process rights."

To ensure the government would comply with the plaintiffs' due process rights, Judge Chhabria ordered the government to (1) provide the minors with an immigration hearing by Nov. 29, 2017 so that they could contest the government's evidence of changed circumstances, (2) restore the sponsors' custody of the minors in the absence of such evidence, and (3) provide such a hearing within a week of similar arrests going forward while the lawsuit proceeded.

For the purposes of the preliminary injunction only, Judge Chhabria certified the following class: "(1) the noncitizen came to the country as an unaccompanied minor; (2) the noncitizen was previously detained in ORR custody and then released by ORR to a sponsor; (3) the noncitizen has been or will be rearrested by DHS on the basis of a removability warrant on or after April 1, 2017 on allegations of gang affiliation."

Finally, Judge Chhabria dismissed two of the non-federal defendants, dismissed claims brought by two of the individual plaintiffs, and denied the federal defendants' motion to dismiss regarding the due process claim.

On Nov. 27, 2017, Judge Chhabria granted in part the plaintiffs' emergency application for relief, requiring the defendants to notify the plaintiffs of their upcoming hearings, to grant brief extensions to prepare or secure counsel, to inform counsel of plaintiffs' locations, to release any detained plaintiffs who already had hearings and were found not to be dangers or flight risks, and to hold hearings in the jurisdiction of the plaintiff's home or arrest.

Then on Dec. 12, 2017, Judge Chhabria, granted A.H.'s emergency application for release. Judge Chhabria reiterated that, despite ORR's finding that A.H. was not a danger and could be placed with his mother, the defendants had rearrested him and detained him anyway with no prompt hearing, violating his procedural due process rights. A.H. had a Dec. 6 hearing at which the Immigration Judge ruled he was not a danger or flight risk. Thus, Judge Chhabria ordered his release.

The government appealed the preliminary injunction order on Jan. 19, 2018 to the Ninth Circuit, which opened a new docket (No. 18-15114). On Feb. 14, the District Court stayed the case pending appeal. On Feb. 16, the defendants filed their opening appellate brief. They argued that the District Court erred in ruling that the government denied A.H. due process in his arrest and detention. Specifically, the defendants argued that existing procedures guaranteed due process, that the District Court lacked the authority to create new procedures, and that the injunction overburdened the government. The plaintiffs responded on Mar. 16 and the government replied on Apr. 6.

In the District Court on Mar. 1, the plaintiffs moved to lift the stay, and the defendants opposed this. On Mar. 15, Judge Chhabria noted that the defendants had failed to address the plaintiffs' allegation that class members were being denied immigration benefits based on the same allegations of gang activity rejected by Immigration Judges -- which would be a reason to lift the stay. Judge Chhabria ordered further briefing from the parties, which they submitted in March. On Apr. 9, he denied the plaintiffs' motion to lift the stay, without prejudice if the plaintiffs could prove the defendants were obstructing them from seeking and obtaining immigration benefits on the basis of the affiliations of gang membership.

On Oct. 1, 2018, the Ninth Circuit affirmed the preliminary injunction, holding that the injunction did not conflict with the TVPRA, that existing procedures do not adequately protect minors from being erroneously taken away from their parents, and that the Flores bond hearings were not sufficient to protect class members' TVPRA rights. Specifically, the panel found that there was no conflict between the injunction and the TVPRA because the injunction does not prevent the government from releasing minors to ORR custody as required by the TVPRA, and because the injunction orders minors to be released back to their previous sponsors, which is not at odd with the TVPRA's requirement that ORR place unaccompanied children in the least restrictive setting. Further, the panel held existing procedures to be inadequate because the ORR review process did not provide juveniles with notice of their reason for incarceration or a chance to respond to charges, and Flores hearings were not designed to account for child placement after initial determinations of detention or release were made. 2018 WL 4689978.

The plaintiffs filed an amended complaint on Nov. 15, 2018.

On Dec. 3, 2018, the court clarified the class definition in the preliminary injunction, concluding it was "not limited to minors who are taken into DHS custody solely on allegations of gang affiliation (and who otherwise meet the class definition), but rather includes those minors taken into custody based partly on allegations of gang affiliation." The court also expressly limited the class to preclude "any minors who otherwise meet the class definition and for whom DHS happens to have information about gang affiliation when he is taken into custody."

Both parties continued filing discovery and scheduling motions with the court in late 2018 and early 2019. The defendants filed an administrative motion on Dec 20 to clarify the Dec. 3 order; specifically, it wanted clarification on how to apply the preliminary injunction to two specific individuals in custody and further investigation into the class in general. Judge Chhabria issued an order on that motion on Jan. 25, 2019. He said that the minors at issue did not need to be released because the preliminary injunction does not override the government's obligation to ensure that released minors have a safe place to go, and this could not be confirmed in these cases. He declined to revisit the class, saying that the defendants had provided no new or compelling reason to discuss the class.

The parties expressed an interest in mediation in March 2019; on March 8, Judge Chhabria stayed proceedings on the outstanding motions to dismiss in anticipation of settlement negotiations. Judge Chhabria referred the case to Magistrate Judge Laurel Beeler for settlement negotiations on March 29, 2019, and settlement conferences began in earnest shortly thereafter.

The parties reached an agreement on all material terms of the settlement on Dec. 9, 2019. The agreement has not been publicized and no claims have been made to enforce the settlement agreement. The case is closed.

Summary Authors

Virginia Weeks (1/21/2018)

Ava Morgenstern (5/5/2018)

Virginia Weeks (12/4/2018)

Ellen Aldin (6/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6079540/parties/saravia-v-sessions/


Judge(s)

Beeler, Laurel (California)

Chhabria, Vince Girdhari (California)

Attorneys(s) for Plaintiff

Austin, Paige (New York)

Belsher, Amy (New York)

Cooper, Holly S. (California)

Corkery, Ashley K. (California)

Dunn, Christopher (New York)

Freeman, William S. (California)

Kang, Stephen B. (California)

Kempner, Trevor Morehead (California)

Judge(s)

Beeler, Laurel (California)

Chhabria, Vince Girdhari (California)

Attorneys(s) for Plaintiff

Austin, Paige (New York)

Belsher, Amy (New York)

Cooper, Holly S. (California)

Corkery, Ashley K. (California)

Dunn, Christopher (New York)

Freeman, William S. (California)

Kang, Stephen B. (California)

Kempner, Trevor Morehead (California)

Mass, Julia Harumi (California)

Padmanabhan, Aadhithi (New York)

Perry, Jessica (New York)

Querubin, Kathlyn Anne (California)

Rabinovitz, Judy (New York)

Riordan, Sean (California)

Schenker, Martin S. (California)

White, David W. (District of Columbia)

Attorneys(s) for Defendant

Andrapalliyal, Vinita (District of Columbia)

Fabian, Sarah B. (District of Columbia)

Jones, Melissa Ann (California)

May, Eric (California)

Murley, Nicole N. (District of Columbia)

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Silvis, William C. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 9, 2019 Docket
31

First Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief

Aug. 11, 2017 Complaint
100

Order Granting the Motion for Preliminary Injunction, the Motion for Provisional Class Certification; Granting in Part and Denying in Part the Federal Defendants' Motion to Dismiss; Granting in Full the Non-Federal Defendants' Motions to Dismiss

280 F.Supp.3d 1168, 2017 WL 5569838

Nov. 20, 2017 Order/Opinion
105

Order Granting in Part Plaintiffs' Emergency Application for Relief

Nov. 27, 2017 Order/Opinion
109

Order Requesting Response to Emergency Application

Dec. 7, 2017 Order/Opinion
117

Order re Emergency Application Concerning Release of A.H.

Dec. 12, 2017 Order/Opinion
BL-8

Appellants' Opening Brief

U. S. Court of Appeals for the Ninth Circuit

Feb. 16, 2018 Pleading / Motion / Brief
18

Appellees' Answering Brief

U. S. Court of Appeals for the Ninth Circuit

March 16, 2018 Pleading / Motion / Brief
26

Appellants' Reply Brief

U. S. Court of Appeals for the Ninth Circuit

April 6, 2018 Pleading / Motion / Brief
146

Order Denying Motion to Lift Stay

April 9, 2018 Order/Opinion

Resources

Title Description External URL

Saravia v. Sessions (Due Process for Immigrant Youth)

ACLU of Northern California

The ACLU of Northern California is suing Attorney General Jeff Sessions, Immigration and Customs Enforcement (ICE), and the U.S. Department of Health and Human Services’ Office of Refugee Resettlemen… Nov. 27, 2017 https://www.aclunc.org/our-work/legal-docket/saravia-v-sessions-due-process-immigrant-youth

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6079540/saravia-v-sessions/

Last updated May 12, 2022

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF ( Filing fee $ 5.00 receipt number 0971-11494526.). Filed byIlsa Saravia. (Attachments: # 1 Civil Cover Sheet)(Mass, Julia) (Filed on 6/22/2017) (Entered: 06/22/2017)

1 Civil Cover Sheet

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June 22, 2017 PACER
2

Proposed Summons. (Mass, Julia) (Filed on 6/22/2017) (Entered: 06/22/2017)

June 22, 2017 PACER
3

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ilsa Saravia.. (Mass, Julia) (Filed on 6/22/2017) (Entered: 06/22/2017)

June 22, 2017 PACER
4

Certificate of Interested Entities by Ilsa Saravia (Mass, Julia) (Filed on 6/22/2017) (Entered: 06/22/2017)

June 22, 2017 PACER
5

Case assigned to Hon. Vince Chhabria. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (haS, COURT STAFF) (Filed on 6/23/2017) (Entered: 06/23/2017)

June 23, 2017 PACER
6

NOTICE of Appearance by Sarah B. Fabian (Fabian, Sarah) (Filed on 6/23/2017) (Entered: 06/23/2017)

June 23, 2017 PACER
7

MOTION for Temporary Restraining Order NOTICE OF MOTION, MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS AND EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Ilsa Saravia. (Attachments: # 1 Proposed Order [PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE)(Mass, Julia) (Filed on 6/23/2017) (Entered: 06/23/2017)

1 Proposed Order [PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE

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June 23, 2017 PACER
8

Declaration of A.H. IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS filed byIlsa Saravia. (Mass, Julia) (Filed on 6/23/2017) (Entered: 06/23/2017)

June 23, 2017 PACER
9

Declaration of Ilsa Saravia IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS filed byIlsa Saravia. (Attachments: # 1 Exhibit A-B)(Mass, Julia) (Filed on 6/23/2017) (Entered: 06/23/2017)

1 Exhibit A-B

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June 23, 2017 PACER
10

Declaration of Stephanie Gibbs, Esq. IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS AND MOTION FOR EX PARTE INJUNCTIVE AND DECLARATORY RELIEF filed byIlsa Saravia. (Attachments: # 1 Exhibit 1-12)(Mass, Julia) (Filed on 6/23/2017) (Entered: 06/23/2017)

1 Exhibit 1-12

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June 23, 2017 PACER
11

Declaration of Julia Harumi Mass IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS filed byIlsa Saravia. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Mass, Julia) (Filed on 6/23/2017) (Entered: 06/23/2017)

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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June 23, 2017 PACER
12

ORDER RE APPLICATION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Chhabria on 6/23/2017. (vclc3S, COURT STAFF) (Filed on 6/23/2017) (Entered: 06/23/2017)

June 23, 2017 RECAP
13

Summons Issued as to Brent Cardall, Scott Lloyd, James McHenry, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner, U.S. Attorney and U.S. Attorney General (farS, COURT STAFF) (Filed on 6/26/2017) (Entered: 06/26/2017)

June 26, 2017 PACER
14

NOTICE of Appearance by William S. Freeman William S. Freeman Notice of Appearance of Counsel (Freeman, William) (Filed on 6/27/2017) (Entered: 06/27/2017)

June 27, 2017 PACER

Set/Reset Hearings

June 27, 2017 PACER
15

OPPOSITION/RESPONSE (re 7 MOTION for Temporary Restraining Order NOTICE OF MOTION, MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS AND EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER ) filed byBrent Cardall, Scott Lloyd, James McHenry, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner. (Attachments: # 1 Exhibit Loechner Decl, # 2 Exhibit De La Cruz Decl, # 3 Exhibit Matter of A-R-)(Fabian, Sarah) (Filed on 6/27/2017) (Entered: 06/27/2017)

1 Exhibit Loechner Decl

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2 Exhibit De La Cruz Decl

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3 Exhibit Matter of A-R-

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June 27, 2017 RECAP
16

***PLEASE DISREGARD, SEE DOCKET NUMBER 17 FOR CORRECT ATTACHMENT.*** ORDER RE APPLICATION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Chhabria on 6/27/2017. (vclc3S, COURT STAFF) (Filed on 6/27/2017) Modified on 6/28/2017 (knmS, COURT STAFF). (Entered: 06/27/2017)

June 27, 2017 RECAP

Set/Reset Hearing Temporary Restraining Order Hearing set for 6/29/2017 10:00 AM. (vclc3S, COURT STAFF) (Filed on 6/27/2017)

June 27, 2017 PACER
17

*Correction of Dkt. No. 16 * ORDER RE APPLICATION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Chhabria on 6/27/2017.(vclc3S, COURT STAFF) (Filed on 6/27/2017) Modified on 6/28/2017 (knmS, COURT STAFF). (Entered: 06/27/2017)

June 27, 2017 RECAP
18

Minute Entry for proceedings held before Hon. Vince Chhabria: Telephonic Status Conference held on 6/28/2017. Parties were given the Court's tentative view on the Motion for TRO and are invited to make argument in response tomorrow at the hearing. Total Time in Court: 8 minutes. Hearing not reported or recorded. Plaintiff Attorney: Bill Freemand and Julia Mass. Defendant Attorney: Sarah Fabian. This is a text-only Minute Entry (knm, COURT STAFF) (Date Filed: 6/28/2017) (Entered: 06/28/2017)

June 28, 2017 PACER
19

REPLY (re 7 MOTION for Temporary Restraining Order NOTICE OF MOTION, MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS AND EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER ) filed byIlsa Saravia. (Attachments: # 1 Declaration SUPPLEMENTAL DECLARATION OF STEPHANIE GIBBS IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS AND APPLICATION FOR TEMPORARY RESTRAINING ORDER, # 2 Declaration SUPPLEMENTAL DECLARATION OF JULIA HARUMI MASS IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS, # 3 Exhibit 1-2)(Mass, Julia) (Filed on 6/28/2017) (Entered: 06/28/2017)

1 Declaration SUPPLEMENTAL DECLARATION OF STEPHANIE GIBBS IN SUPPORT OF PETITION F

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2 Declaration SUPPLEMENTAL DECLARATION OF JULIA HARUMI MASS IN SUPPORT OF PETITION

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3 Exhibit 1-2

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June 28, 2017 RECAP
20

QUESTIONS FOR HEARING. Signed by Judge Chhabria on 6/28/2017. (vclc3S, COURT STAFF) (Filed on 6/28/2017) (Entered: 06/28/2017)

June 28, 2017 RECAP
21

Minute Entry for proceedings held before Hon. Vince Chhabria: Motion Hearing held on 6/29/2017 re 7 MOTION for Temporary Restraining Order NOTICE OF MOTION, MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS AND EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Ilsa Saravia. Court rules from the bench granting in part and denying in part 7 Motion for TRO.FTR Time 10:45 - 11:46; 12:36 - 1:14; 1:36 - 2:04. Court Reporter: Pamela Batalo (witness testimony and Court's ruling). Plaintiff Attorney: William Freeman and Julia Harumi Mass. Defendant Attorney: Sarah Fabian. This is a text-only Minute Entry (knm, COURT STAFF) (Date Filed: 6/29/2017) (Additional attachment(s) added on 6/30/2017: # 1 Witness/Exhibit Log) (knm, COURT STAFF). (Entered: 06/29/2017)

1 Witness/Exhibit Log

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June 29, 2017 PACER
22

Partial Transcript of Proceedings held on 06/29/17, before Judge Chhabria. Court Reporter Pamela A. Batalo, telephone number pamela_batalo@cand.uccourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 7/21/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/28/2017. (Batalo, Pam) (Filed on 6/30/2017) (Entered: 06/30/2017)

June 30, 2017 RECAP

Set/Reset Hearings

June 30, 2017 PACER

Set Hearing re 21 Minute Order re Motion Hearing. Telephonic Status Conference set for 7/7/2017 02:30 PM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. (knm, COURT STAFF) (Filed on 6/30/2017)

June 30, 2017 PACER
23

FILED UNDER SEAL: DEFENDANT EXHIBITS 1-4. (farS, COURT STAFF) (Filed on 6/30/2017) (Entered: 06/30/2017)

June 30, 2017 PACER
24

TRANSCRIPT ORDER for proceedings held on 06/29/2017 before Hon. Vince Chhabria by Ilsa Saravia, for Court Reporter Pam Batalo. (Freeman, William) (Filed on 7/6/2017) (Entered: 07/06/2017)

July 6, 2017 PACER
25

Minute Entry for proceedings held before Hon. Vince Chhabria: Telephonic Status Conference held on 7/7/2017. ORR's decision to be filed with the Court by defense when issued. Telephonic Further Case Management Conference set for 7/12/2017 03:00 PM in Courtroom 4, 17th Floor, San Francisco. Plaintiff is required to provide the Court and opposing counsel a telephone conference line and access code for the upcoming hearing by way of email to the Court (vccrd@cand.uscourts.gov) with a cc to opposing counsel, by no later than 7/11/2017 at 10:00 a.m. PST.Total Time in Court 14 minutes. Hearing not reported or recorded. Plaintiff Attorneys: William Freeman and Julia Mass. Defendant Attorney: Sarah Fabian. This is a text-only Minute Entry (knm, COURT STAFF) (Date Filed: 7/7/2017) (Entered: 07/07/2017)

July 7, 2017 PACER
26

SUMMONS Returned Executed by Ilsa Saravia. All Defendants. (Freeman, William) (Filed on 7/10/2017) (Entered: 07/10/2017)

July 10, 2017 PACER
27

NOTICE by Brent Cardall, Scott Lloyd, James McHenry, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner of Decision (Attachments: # 1 Exhibit Decision)(Fabian, Sarah) (Filed on 7/11/2017) (Entered: 07/11/2017)

1 Exhibit Decision

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July 11, 2017 PACER
28

Transcript of Proceedings held on 06/29/17, before Judge Chhabria. Court Reporter Pamela A. Batalo, telephone number pamela_batalo@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 24 Transcript Order ) Redaction Request due 8/2/2017. Redacted Transcript Deadline set for 8/14/2017. Release of Transcript Restriction set for 10/10/2017. (Related documents(s) 24 ) (Batalo, Pam) (Filed on 7/12/2017) (Entered: 07/12/2017)

July 12, 2017 PACER
29

Minute Entry for proceedings held before Hon. Vince Chhabria: Telephonic Further Case Management Conference held on 7/12/2017. Petitioner verbally moves to amend the pleadings; GRANTED. Amended Pleadings due by 8/11/2017. Case Management Statement due by 8/22/2017. Telephonic Further Case Management Conference set for 8/29/2017 02:30 PM. Plaintiff is required to provide the Court and opposing counsel a telephone conference line and access code for the upcoming hearing by way of email to the Court (vccrd@cand.uscourts.gov) with a cc to opposing counsel, by no later than three court days prior to the hearing.Total Time in Court: 22 minutes. Hearing not reported or recorded. Plaintiff Attorneys: William Freeman and Julia Mass. Defendant Attorney: Sarah Fabian. This is a text-only Minute Entry (knm, COURT STAFF) (Date Filed: 7/12/2017) (Entered: 07/13/2017)

July 12, 2017 PACER
30

NOTICE of Appearance by Martin S. Schenker, Nathaniel R. Cooper, Ashley K. Corkery, and Trevor M. Kempner (Schenker, Martin) (Filed on 8/11/2017) (Entered: 08/11/2017)

Aug. 11, 2017 PACER
31

AMENDED COMPLAINT FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS AND CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against All Defendants. Filed byIlsa Saravia. (Mass, Julia) (Filed on 8/11/2017) (Entered: 08/11/2017)

Aug. 11, 2017 PACER
32

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11624369.) filed by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. (Rabinovitz, Judy) (Filed on 8/11/2017) (Entered: 08/11/2017)

Aug. 11, 2017 PACER
33

NOTICE of Appearance by Stephen B. Kang (Kang, Stephen) (Filed on 8/15/2017) (Entered: 08/15/2017)

Aug. 15, 2017 PACER
34

TRANSCRIPT ORDER for proceedings held on 6/29/17 before Hon. Vince Chhabria by Jefferson B. Sessions, for Court Reporter Pam Batalo. (Fabian, Sarah) (Filed on 8/15/2017) (Entered: 08/15/2017)

Aug. 15, 2017 PACER
35

JOINT CASE MANAGEMENT STATEMENT filed by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. (Freeman, William) (Filed on 8/22/2017) (Entered: 08/22/2017)

Aug. 22, 2017 PACER
36

Discovery Letter Brief filed by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order re Plaintiffs' Request for Expedited Discovery (Plaintiffs), # 4 Proposed Order re Plaintiffs' Request for Expedited Discovery (Defendants))(Schenker, Martin) (Filed on 8/28/2017) (Entered: 08/28/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Proposed Order re Plaintiffs' Request for Expedited Discovery (Plaintiffs)

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4 Proposed Order re Plaintiffs' Request for Expedited Discovery (Defendants)

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Aug. 28, 2017 RECAP
37

Proposed Summons. (Freeman, William) (Filed on 8/28/2017) (Entered: 08/28/2017)

Aug. 28, 2017 PACER
38

Minute Entry for proceedings held before Hon. Vince Chhabria: Telephonic Further Case Management Conference held on 8/29/2017. The parties are ordered to meet and confer re what is reasonable to produce for discovery based on what was discussed amongst the parties and Court during this hearing. Status Report, which must include information re what discovery parties have agreed to and what is still at issue, due by 8/31/2017. Telephonic Further Case Management Conference set for 9/1/2017 10:30 AM in Courtroom 4, 17th Floor, San Francisco. Plaintiff shall provide the Court and all other parties a conference line and applicable access code to use during the hearing no later than three court days prior to the case management conference by way of email to the Court (vccrd@cand.uscourts.gov) with a cc to opposing counsel. Defendants' Motions to Dismiss due by 9/14/2017 - page limits: Fed. is 25, Yolo is 10. Plaintiffs' opposition to Motions to Dismiss/opening brief re Motion for Preliminary Approval due by 9/25/2017 - page limit is 50 (includes response to both MTDs). Defendants' replies to Motions to Dismiss/opposition to Motion for Preliminary Approval due by 10/6/2017 - page limits: Fed. is 50, Yolo is 15. Plaintiffs' Reply to Motion for Preliminary Approval due by 10/13/2017 - page limit is 25. Motion Hearing set for 10/26/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. Total Time in Court: 1 hour 11 minutes. Hearing not reported or recorded. Plaintiff Attorneys: William Freeman, Stephen Kang, Martin Schenker, Julia Mass, Ashley Corkery, Trevor Kempner, and Theodora Simon. Defendant Attorneys: Sarah Fabian, Vinita Andrapalliyal, and Nicole Murley for Federal Defendants; Philip Pogledich for Brent Cardall. This is a text-only Minute Entry (knm, COURT STAFF) (Date Filed: 8/29/2017) (Entered: 08/30/2017)

Aug. 29, 2017 PACER
39

NOTICE of Appearance by Nathaniel Robert Cooper (Cooper, Nathaniel) (Filed on 8/31/2017) (Entered: 08/31/2017)

Aug. 31, 2017 PACER
40

NOTICE of Appearance by Trevor Morehead Kempner (Kempner, Trevor) (Filed on 8/31/2017) (Entered: 08/31/2017)

Aug. 31, 2017 PACER
41

NOTICE of Appearance by Ashley K Corkery (Corkery, Ashley) (Filed on 8/31/2017) (Entered: 08/31/2017)

Aug. 31, 2017 PACER
42

Summons Issued as to Elaine Duke, Jose Esquivel, Thomas D Homan, James McCament (farS, COURT STAFF) (Filed on 8/31/2017) (Entered: 08/31/2017)

Aug. 31, 2017 PACER
43

Discovery Letter Brief Joint Status Update re Expedited Discovery filed by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. (Attachments: # 1 Proposed Order)(Schenker, Martin) (Filed on 8/31/2017) (Entered: 08/31/2017)

1 Proposed Order

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Aug. 31, 2017 PACER
44

Minute Entry for proceedings held before Hon. Vince Chhabria: Telephonic Further Case Management Conference held on 9/1/2017. Discovery resolved. The parties are to submit to the Court a proposed order in accordance with the Court's ruling on the bench, by Wednesday, September 6, 2017. Total Time in Court: 1 Hour; 36 Minutes. Digital FTR: 10:35 - 11:25; 11:32 - 12:18. Plaintiffs' Attorneys: Martin Schenker, Stephen Kang, Julia Mass, Trevor Kempner. Defendant;s Attorneys: Sarah Fabian, Vinita Andrapalliyal, Nicole Murley. This is a text-only Minute Entry. There is no pdf image associated with this entry. (afmS, COURT STAFF) (Date Filed: 9/1/2017) Modified on 9/1/2017 (afmS, COURT STAFF). (Entered: 09/01/2017)

Sept. 1, 2017 PACER
45

Proposed Order re 44 Case Management Conference - Further,,,, Set Deadlines,,, [Proposed] Order Granting Letter Motion for Expedited Discovery by Lorenza Gomez. (Schenker, Martin) (Filed on 9/6/2017) (Entered: 09/06/2017)

Sept. 6, 2017 PACER
46

NOTICE of Appearance by Nicole N Murley (Murley, Nicole) (Filed on 9/7/2017) (Entered: 09/07/2017)

Sept. 7, 2017 PACER
47

ORDER re Expedited Discovery (vclc3S, COURT STAFF) (Filed on 9/8/2017) (Entered: 09/08/2017)

Sept. 8, 2017 RECAP
48

SUMMONS Returned Executed by Wilfredo Velasquez, Lorenza Gomez, Ilsa Saravia. Elaine Duke served on 8/31/2017, answer due 9/21/2017; Jose Esquivel served on 8/31/2017, answer due 9/21/2017; Thomas D Homan served on 8/31/2017, answer due 9/21/2017; James McCament served on 8/31/2017, answer due 9/21/2017. (Freeman, William) (Filed on 9/8/2017) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
49

NOTICE of Appearance by Melissa Ann Jones (Jones, Melissa) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017 PACER
50

Order by Hon. Vince Chhabria granting 32 Motion for Pro Hac Vice - Rabinovitz.(knm, COURT STAFF) (Filed on 9/13/2017) (Entered: 09/13/2017)

Sept. 13, 2017 PACER
51

MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) filed by Brent Cardall. Motion Hearing set for 10/26/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. Responses due by 9/25/2017. Replies due by 10/6/2017. (May, Eric) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017 RECAP
52

Brief re 51 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) filed byBrent Cardall. (Related document(s) 51 ) (May, Eric) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017 RECAP
53

NOTICE of Appearance by Vinita Andrapalliyal (Andrapalliyal, Vinita) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017 PACER
54

MOTION to Dismiss the Amended Complaint, MOTION to Dismiss for Lack of Jurisdiction filed by Elaine Duke, Jose Esquivel, Thomas D Homan, Scott Lloyd, James McCament, James McHenry, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner. Motion Hearing set for 10/26/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. Responses due by 9/25/2017. Replies due by 10/6/2017. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Andrapalliyal, Vinita) (Filed on 9/14/2017) (Entered: 09/14/2017)

1 Proposed Order

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2 Exhibit A

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3 Exhibit B

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Sept. 14, 2017 RECAP
55

Supplemental Brief re 51 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) JOINDER to Federal Defendants' Motion to Dismiss filed byBrent Cardall. (Related document(s) 51 ) (May, Eric) (Filed on 9/15/2017) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
56

Proposed Order [Proposed] Stipulated Protective Order For Litigation Involving Highly Sensitive Confidential Information by Lorenza Gomez. (Attachments: # 1 Exhibit Redline Comparison to NDCal Model Protective Order for Litigation Involving Patents, Highly Sensitive Confidential Information and/or Trade Secrets)(Schenker, Martin) (Filed on 9/15/2017) (Entered: 09/15/2017)

1 Exhibit Redline Comparison to NDCal Model Protective Order for Litigation Involv

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Sept. 15, 2017 PACER
57

STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING HIGHLY SENSITIVE CONFIDENTIAL INFORMATION. Signed by Judge Vince Chhabria on 9/18/2017. (knm, COURT STAFF) (Filed on 9/18/2017) (Entered: 09/18/2017)

Sept. 18, 2017 RECAP
58

MOTION to Dismiss First Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief filed by Jose Esquivel. Motion Hearing set for 10/26/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. Responses due by 10/5/2017. Replies due by 10/12/2017. (Jones, Melissa) (Filed on 9/21/2017) (Entered: 09/21/2017)

Sept. 21, 2017 PACER
59

Statement re Rule 7.1 Corporate Disclosure by Jose Esquivel. (Jones, Melissa) (Filed on 9/21/2017) (Entered: 09/21/2017)

Sept. 21, 2017 PACER
60

Administrative Motion to File Under Seal Documents In Support of Plaintiffs' (1) Opposition to Defendants' Motion to Dismiss; (2) Motion for Preliminary Injunction; and (3) Motion for Provisional Class Certification filed by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. (Attachments: # 1 Declaration of Ashley Corkery ISO Plaintiffs' Admin Motion to File Under Seal Documents ISO of Plaintiffs' (1) Opposition to Defendants' Motion to Dismiss; (2) Motion for Preliminary Injunction; and (3) Motion for Provisional Class Certification, # 2 Proposed Order Granting Plaintiffs' Admin Motion, # 3 Exhibit E to Corkery Declaration, # 4 Exhibit F to Corkery Declaration, # 5 Exhibit G to Corkery Declaration, # 6 Exhibit Redacted Version of Exhibit N to Corkery Declaration, # 7 Exhibit Unredacted version of Exhibit N to Corkery Declaration, # 8 Exhibit 5 to Johnson Declaration, # 9 Exhibit 1 to Nanos Declaration, # 10 Exhibit 5 to Nanos Declaration, # 11 Exhibit 7 to Nanos Declaration, # 12 Exhibit 8 to Nanos Declaration, # 13 Exhibit 10 to Nanos Declaration, # 14 Exhibit Redacted version of Plaintiffs' Consolidated Motion, # 15 Exhibit Unredacted version of Plaintiffs' Consolidated Motion, # 16 Exhibit Redacted version of Cruz Declaration, # 17 Exhibit Unredacted version of Cruz Declaration)(Schenker, Martin) (Filed on 9/25/2017) (Entered: 09/25/2017)

1 Declaration of Ashley Corkery ISO Plaintiffs' Admin Motion to File Under Se

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2 Proposed Order Granting Plaintiffs' Admin Motion

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6 Exhibit Redacted Version of Exhibit N to Corkery Declaration

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14 Exhibit Redacted version of Plaintiffs' Consolidated Motion

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16 Exhibit Redacted version of Cruz Declaration

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Sept. 25, 2017 PACER
61

MOTION for Preliminary Injunction, Opposition to Motion to Dismiss, and Motion for Provisional Class Certification filed by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. Motion Hearing set for 10/26/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Vince Chhabria. Responses due by 10/6/2017. Replies due by 10/13/2017. (Attachments: # 1 Consolidated Memorandum: (1) In Opposition to Defendants' Motions to Dismiss; (2) In Support of Motion for Preliminary Injunction; and (3) In Support of Motion for Provisional Class Certification, # 2 Declaration of Ashley Corkery, # 3 Exhibit to Declaration of Ashley Corkery, # 4 Declaration of Julia Harumi Mass, # 5 Declaration of Martin S. Schenker [with exhibits], # 6 Declaration of Stephen Kang [with exhibits], # 7 Declaration of Susan Cruz, # 8 Declaration of Dr. Lisa Fortuna, # 9 Declaration of J.G., # 10 Declaration of Lorenza Gomez, # 11 Declaration of F.E., # 12 Declaration of M.U., # 13 Declaration of A.H., # 14 Declaration of Ilsa Saravia, # 15 Declaration of K.A., # 16 Declaration of Carter White [with exhibit], # 17 Declaration of Bryan Johnson, # 18 Exhibit to Johnson Declaration, # 19 Declaration of Linda Nanos, # 20 Exhibit to Nanos Declaration, # 21 Declaration of Timothy Greenberg)(Schenker, Martin) (Filed on 9/25/2017) Modified on 9/26/2017 (fff, COURT STAFF). (Entered: 09/25/2017)

1 Consolidated Memorandum: (1) In Opposition to Defendants' Motions to Dismi

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2 Declaration of Ashley Corkery

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3 Exhibit to Declaration of Ashley Corkery

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4 Declaration of Julia Harumi Mass

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5 Declaration of Martin S. Schenker [with exhibits]

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6 Declaration of Stephen Kang [with exhibits]

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7 Declaration of Susan Cruz

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8 Declaration of Dr. Lisa Fortuna

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9 Declaration of J.G.

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10 Declaration of Lorenza Gomez

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11 Declaration of F.E.

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12 Declaration of M.U.

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13 Declaration of A.H.

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14 Declaration of Ilsa Saravia

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15 Declaration of K.A.

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16 Declaration of Carter White [with exhibit]

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17 Declaration of Bryan Johnson

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18 Exhibit to Johnson Declaration

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19 Declaration of Linda Nanos

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20 Exhibit to Nanos Declaration

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21 Declaration of Timothy Greenberg

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Sept. 25, 2017 PACER
62

CERTIFICATE OF SERVICE by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez re 60 Administrative Motion to File Under Seal Documents In Support of Plaintiffs' (1) Opposition to Defendants' Motion to Dismiss; (2) Motion for Preliminary Injunction; and (3) Motion for Provisional Class Certification (Schenker, Martin) (Filed on 9/27/2017) (Entered: 09/27/2017)

Sept. 27, 2017 PACER
63

NOTICE of Appearance by Kathlyn Anne Querubin (Querubin, Kathlyn) (Filed on 9/27/2017) (Entered: 09/27/2017)

Sept. 27, 2017 PACER
64

STIPULATION WITH PROPOSED ORDER EXTENDING TIME TO FILE DECLARATION RE MOTION TO SEAL filed by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. (Freeman, William) (Filed on 9/28/2017) (Entered: 09/28/2017)

Sept. 28, 2017 PACER
65

Order by Judge Vince Chhabria granting 64 Stipulation EXTENDING TIME TO FILE DECLARATION RE MOTION TO SEAL.(knm, COURT STAFF) (Filed on 9/29/2017) (Entered: 09/29/2017)

Sept. 29, 2017 PACER
66

REPLY (re 51 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) ) Reply Brief in Support of Motion to Dismiss and Opposition to Motion for Preliminary Injunction and Provisional Class Certification filed byBrent Cardall. (May, Eric) (Filed on 10/6/2017) (Entered: 10/06/2017)

Oct. 6, 2017 PACER
67

OPPOSITION/RESPONSE (re 61 MOTION for Preliminary Injunction, Opposition to Motion to Dismiss, and Motion for Provisional Class Certification ) and Reply in Support of Motion to Dismiss filed byElaine Duke, Thomas D Homan, Scott Lloyd, James McCament, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration)(Fabian, Sarah) (Filed on 10/6/2017) (Entered: 10/06/2017)

1 Declaration

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2 Declaration

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3 Declaration

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4 Declaration

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Oct. 6, 2017 PACER
68

OPPOSITION/RESPONSE (re 60 Administrative Motion to File Under Seal Documents In Support of Plaintiffs' (1) Opposition to Defendants' Motion to Dismiss; (2) Motion for Preliminary Injunction; and (3) Motion for Provisional Class Certification ) filed byElaine Duke, Thomas D Homan, Scott Lloyd, James McCament, James McHenry, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner. (Attachments: # 1 Declaration Def.s' Ex. A, # 2 Exhibit Corkery G, # 3 Exhibit Corkery N, # 4 Exhibit Corkery E, # 5 Exhibit Johnson 5, # 6 Exhibit Nanos 1, # 7 Exhibit Nanos 5, # 8 Exhibit Nanos 7, # 9 Exhibit Nanos 8, # 10 Exhibit Nanos 10)(Murley, Nicole) (Filed on 10/11/2017) (Entered: 10/11/2017)

1 Declaration Def.s' Ex. A

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2 Exhibit Corkery G

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3 Exhibit Corkery N

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4 Exhibit Corkery E

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5 Exhibit Johnson 5

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6 Exhibit Nanos 1

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7 Exhibit Nanos 5

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8 Exhibit Nanos 7

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9 Exhibit Nanos 8

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10 Exhibit Nanos 10

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Oct. 11, 2017 PACER
69

REPLY (re 58 MOTION to Dismiss First Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief ) filed byJose Esquivel. (Jones, Melissa) (Filed on 10/12/2017) (Entered: 10/12/2017)

Oct. 12, 2017 PACER
70

EXHIBITS re 68 Opposition/Response to Motion,, Supplement filed byElaine Duke, Thomas D Homan, Scott Lloyd, James McCament, James McHenry, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner. (Attachments: # 1 Supplement Corkery E, # 2 Supplement Corkery F)(Related document(s) 68 ) (Murley, Nicole) (Filed on 10/12/2017) (Entered: 10/12/2017)

1 Supplement Corkery E

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2 Supplement Corkery F

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Oct. 12, 2017 PACER
71

NOTICE of Appearance by Holly Stafford Cooper (Cooper, Holly) (Filed on 10/13/2017) (Entered: 10/13/2017)

Oct. 13, 2017 PACER
72

Administrative Motion to File Under Seal Documents ISO Plaintiffs': (1) Reply ISO Motion for Preliminary Injunction; and (2) Reply ISO Motion for Class Cert filed by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. (Attachments: # 1 Declaration of Kempner ISO Plts Admin Motion to Seal, # 2 Proposed Order Granting Admin Motion to Seal, # 3 Exhibit Unredacted Version of Exhibit A to Kempner Declaration, # 4 Exhibit Unredacted Version of Exhibit 1 to Simon Declaration, # 5 Redacted Version of Plts' Consolidated Reply Memo: (1) ISO Motion for Preliminary Injunction and (2) ISO Motion for Class Cert, # 6 Unredacted Version of Plts' Consolidated Reply Memo: (1) ISO Motion for Preliminary Injunction and (2) ISO Motion for Class Cert, # 7 Declaration Redacted Version of Simon Declaration, # 8 Declaration Unredacted Version of Simon Declaration)(Schenker, Martin) (Filed on 10/13/2017) (Entered: 10/13/2017)

1 Declaration of Kempner ISO Plts Admin Motion to Seal

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2 Proposed Order Granting Admin Motion to Seal

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5 Redacted Version of Plts' Consolidated Reply Memo: (1) ISO Motion for Prel

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7 Declaration Redacted Version of Simon Declaration

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Oct. 13, 2017 PACER
73

REPLY (re 61 MOTION for Preliminary Injunction, Opposition to Motion to Dismiss, and Motion for Provisional Class Certification ) Plaintiffs' Consolidated Reply Memorandum: (1) ISO Motion for Preliminary Injunction; and (2) ISO Motion for Provisional Class Certification filed byLorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. (Attachments: # 1 Declaration of Kempner ISO Plts' Consolidated Reply Memo (with exhibits A & B) - Redacted, # 2 Declaration of Simon ISO Plts' Consolidated Reply Memo (with exhibit 1) - Redacted, # 3 Declaration of Holguin ISO Plts' Consolidated Reply Memo (with exhibits 1-5))(Schenker, Martin) (Filed on 10/13/2017) (Entered: 10/13/2017)

1 Declaration of Kempner ISO Plts' Consolidated Reply Memo (with exhibits A &

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2 Declaration of Simon ISO Plts' Consolidated Reply Memo (with exhibit 1) - R

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3 Declaration of Holguin ISO Plts' Consolidated Reply Memo (with exhibits 1-5

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Oct. 13, 2017 RECAP
74

CERTIFICATE OF SERVICE by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez re 72 Administrative Motion to File Under Seal Documents ISO Plaintiffs': (1) Reply ISO Motion for Preliminary Injunction; and (2) Reply ISO Motion for Class Cert (Schenker, Martin) (Filed on 10/16/2017) (Entered: 10/16/2017)

Oct. 16, 2017 PACER
75

STIPULATION WITH PROPOSED ORDER re 72 Administrative Motion to File Under Seal Documents ISO Plaintiffs': (1) Reply ISO Motion for Preliminary Injunction; and (2) Reply ISO Motion for Class Cert filed by Elaine Duke, Thomas D Homan, Scott Lloyd, James McCament, James McHenry, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner. (Murley, Nicole) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
76

ERRATA re 61 MOTION for Preliminary Injunction, Opposition to Motion to Dismiss, and Motion for Provisional Class Certification by Lorenza Gomez. (Schenker, Martin) (Filed on 10/18/2017) (Entered: 10/18/2017)

Oct. 18, 2017 PACER
77

Order by Judge Vince Chhabria granting 75 Stipulation Extending Time to File Declaration Re: Motion to Seal.(knm, COURT STAFF) (Filed on 10/18/2017) (Entered: 10/18/2017)

Oct. 18, 2017 PACER
78

CLERK'S NOTICE RESCHEDULING AND CHANGING THE LOCATION OF THE HEARING RE 51 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6), 58 MOTION to Dismiss First Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief, 54 MOTION to Dismiss the Amended Complaint MOTION to Dismiss for Lack of Jurisdiction, 61 MOTION for Preliminary Injunction, Opposition to Motion to Dismiss, and Motion for Provisional Class Certification. Motion Hearing set for 10/27/2017 01:30 PM in Courtroom 2, 17th Floor, San Francisco before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017 PACER
79

Administrative Motion to File Under Seal in Support of Plaintiffs Administrative Motion to Supplement Record re: Plaintiffs Motion for Preliminary Injunction filed by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. (Attachments: # 1 Declaration of Ashley K. Corkery, # 2 Exhibit Redacted Version of Exhibit 1 to Plaintiffs Administrative Motion to Supplement Record, # 3 Exhibit Unredacted Version of Exhibit 1 to Plaintiffs Administrative Motion to Supplement Record, # 4 Proposed Order)(Schenker, Martin) (Filed on 10/19/2017) (Entered: 10/19/2017)

1 Declaration of Ashley K. Corkery

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2 Exhibit Redacted Version of Exhibit 1 to Plaintiffs Administrative Motion to Sup

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4 Proposed Order

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Oct. 19, 2017 PACER
80

ADMINISTRATIVE MOTION Supplement Record re: Plaintiffs Motion for Preliminary Injunction re 61 MOTION for Preliminary Injunction, Opposition to Motion to Dismiss, and Motion for Provisional Class Certification filed by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. Responses due by 10/23/2017. (Attachments: # 1 Exhibit Redacted Exhibit 1 to Administrative Motion to Supplement Record, # 2 Declaration of William S. Freeman, # 3 Proposed Order)(Schenker, Martin) (Filed on 10/19/2017) (Entered: 10/19/2017)

1 Exhibit Redacted Exhibit 1 to Administrative Motion to Supplement Record

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2 Declaration of William S. Freeman

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3 Proposed Order

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Oct. 19, 2017 PACER
81

CERTIFICATE OF SERVICE by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez re 79 Administrative Motion to File Under Seal in Support of Plaintiffs Administrative Motion to Supplement Record re: Plaintiffs Motion for Preliminary Injunction (Schenker, Martin) (Filed on 10/20/2017) (Entered: 10/20/2017)

Oct. 20, 2017 PACER
82

OPPOSITION/RESPONSE (re 72 Administrative Motion to File Under Seal Documents ISO Plaintiffs': (1) Reply ISO Motion for Preliminary Injunction; and (2) Reply ISO Motion for Class Cert ) filed byElaine Duke, Thomas D Homan, Scott Lloyd, James McCament, James McHenry, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner. (Attachments: # 1 Exhibit, # 2 Exhibit)(Murley, Nicole) (Filed on 10/23/2017) (Entered: 10/23/2017)

1 Exhibit

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2 Exhibit

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Oct. 23, 2017 PACER
83

CLERK'S NOTICE RESETTING THE TIME FOR THE HEARING RE 51 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6), 58 MOTION to Dismiss First Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief, 54 MOTION to Dismiss the Amended Complaint MOTION to Dismiss for Lack of Jurisdiction, 61 MOTION for Preliminary Injunction, Opposition to Motion to Dismiss, and Motion for Provisional Class Certification. Motion Hearing set for 10/27/2017 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 10/25/2017) (Entered: 10/25/2017)

Oct. 25, 2017 PACER
84

Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held on 10/27/2017 re 51 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) filed by Brent Cardall, 54 MOTION to Dismiss the Amended Complaint MOTION to Dismiss for Lack of Jurisdiction filed by Elaine Duke, Jefferson B. Sessions, Steven Wagner, Jose Esquivel, Elicia Smith, James McCament, Thomas D Homan, Thomas E. Price, James McHenry, Scott Lloyd, 58 MOTION to Dismiss First Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief filed by Jose Esquivel, 61 MOTION for Preliminary Injunction, Opposition to Motion to Dismiss, and Motion for Provisional Class Certification filed by Wilfredo Velasquez, Lorenza Gomez, Ilsa Saravia. Motions are taken under submission. Total Time in Court: 4 Hours; 58 Minutes. Court Reporter: Debra Pas. Plaintiff Attorneys: Martin S. Schenker, Julia Harumi Mass, Nathaniel Cooper, Trevor Kempner, Ashley Corkery, Kathlyn Querubin, Stephen Kang. Defendant Attorneys: Sarah Fabian, Nicole Murley, Philip Pogledich, Melissa Jones. (Attachments: # 1 Log)(afmS, COURT STAFF) (Date Filed: 10/27/2017) (Entered: 10/30/2017)

1 Log

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Oct. 27, 2017 PACER
85

ORDER RE FURTHER BRIEFING. Signed by Judge Vince Chhabria on October 30, 2017. (vclc3S, COURT STAFF) (Filed on 10/30/2017) (Entered: 10/30/2017)

Oct. 30, 2017 RECAP
86

TRANSCRIPT ORDER for proceedings held on 10/27/2017 before Judge Vince Chhabria by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez, for Court Reporter Debra Pas. (Corkery, Ashley) (Filed on 10/31/2017) (Entered: 10/31/2017)

Oct. 31, 2017 PACER
87

TRANSCRIPT ORDER for proceedings held on 10/27/2017 before Judge Vince Chhabria by Elaine Duke, Thomas D Homan, Scott Lloyd, James McCament, James McHenry, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner, for Court Reporter Debra Pas. (Murley, Nicole) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017 PACER
88

Supplemental Brief re 85 Order for Supplemental Briefing filed byElaine Duke, Thomas D Homan, Scott Lloyd, James McCament, James McHenry, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner. (Related document(s) 85 ) (Murley, Nicole) (Filed on 11/2/2017) (Entered: 11/02/2017)

Nov. 2, 2017 PACER
89

ORDER re 88 Federal Defendants' Supplemental Brief. Signed by Judge Vince Chhabria on November 2, 2017. (vclc3S, COURT STAFF) (Filed on 11/2/2017) (Entered: 11/02/2017)

Nov. 2, 2017 RECAP
90

Supplemental Brief re 89 Order Supplemental Citations filed byElaine Duke, Thomas D Homan, Scott Lloyd, James McCament, James McHenry, Thomas E. Price, Jefferson B. Sessions, Elicia Smith, Steven Wagner. (Related document(s) 89 ) (Murley, Nicole) (Filed on 11/3/2017) (Entered: 11/03/2017)

Nov. 3, 2017 PACER
91

Supplemental Brief re 85 Order re Further Briefing filed byLorenza Gomez, Ilsa Saravia, Wilfredo Velasquez. (Related document(s) 85 ) (Mass, Julia) (Filed on 11/3/2017) (Entered: 11/03/2017)

Nov. 3, 2017 PACER
92

Order by Judge Vince Chhabria granting 80 Administrative Motion to Supplement Record re: Plaintiffs Motion for Preliminary Injunction.(knm, COURT STAFF) (Filed on 11/7/2017) (Entered: 11/07/2017)

Nov. 7, 2017 PACER
93

CLERK'S NOTICE SCHEDULING A TELEPHONE STATUS CONFERENCE. Telephone Conference set for 11/7/2017 10:00 AM before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 11/7/2017) (Entered: 11/07/2017)

Nov. 7, 2017 PACER
94

Minute Entry for proceedings held before Judge Vince Chhabria: Telephone Conference held on 11/7/2017. The Court indicated his tentative impressions of the motions and invited the parties to appear for further argument. Motion Hearing set for 11/9/2017 11:00 AM in Courtroom 2, 17th Floor, San Francisco before Judge Vince Chhabria.Total Time in Court: 30 minutes. Hearing not reported or recorded. Plaintiff Attorney: Nathaniel Cooper, Holly Cooper, Ashley Corkery, Bill Freeman, Stephen Kang, Trevor Kempner, Martin Schenker, and Julia Mass. Defendant Attorney: Sarah Fabian, Nicole Murley, and Vinita Andrapalliyal for Federal Defendants; Eric May for Cardall. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 11/7/2017) (Entered: 11/07/2017)

Nov. 7, 2017 PACER
95

Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held on 11/9/2017 re 61 MOTION for Preliminary Injunction, Opposition to Motion to Dismiss, and Motion for Provisional Class Certification filed by Ilsa Saravia, Wilfredo Velasquez, Lorenza Gomez. The Court heard further argument from counsel after his tentative ruling expressed on 11/7/2017. The Court will issue a written ruling. FTR Time: 11:05- 12:56 and 1:02- 1:19. Plaintiff Attorney: Nathaniel Cooper, Ashley Corkery, Holly Cooper, William Freeman, Trevor Kempner, and Julia Harumi Mass. Defendant Attorney: Sarah Fabian for Federal Defendants. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Date Filed: 11/9/2017) Modified on 11/15/2017: Matter transcribed by Tara Bauer (ECHO Reporting). (rjdS, COURT STAFF). (Entered: 11/09/2017)

Nov. 9, 2017 PACER
96

TRANSCRIPT ORDER for proceedings held on November 9, 2017 before Judge Vince Chhabria by Lorenza Gomez, Ilsa Saravia, Wilfredo Velasquez, for Court Reporter FTR - San Francisco. (Corkery, Ashley) (Filed on 11/15/2017) (Entered: 11/15/2017)

Nov. 15, 2017 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: June 22, 2017

Closing Date: Dec. 9, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Provisionally granted: minors detained by ICE without a hearing

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Justice, Federal

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

U.S. Office of Refugee Resettlement, Federal

U.S. Department of Homeland Security, Federal

U.S. Citizenship and Immigration Services, Federal

U.S. Administration for Children and Families, Federal

Yolo County, California (Yolo), County

BCFS Health and Human Services, Non-profit or advocacy

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

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

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

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Order Duration: 2017 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

False arrest

Family reunification

Habeas Corpus

Juveniles

Over/Unlawful Detention

Placement in detention facilities

Relative caretakers

Youth / Adult separation

Discrimination-basis:

Immigration status

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures

Family Separation

Immigration lawyers

Undocumented immigrants - rights and duties

National Origin/Ethnicity:

Hispanic