Case: Morales v. United States

J.A.M. v. The United States of America

Morales v. The United States of America

J.A.M. v. The United States of America

J.A.M. v. The United States of America

U.S. District Court for the Middle District of Georgia

J.A.M. v. The United States of America

U.S. District Court for the Middle District of Georgia

Southern Poverty Law Center

COMPLAINT, filed by J.A.M., Lesly Padilla Padilla, Juan Mijangos Vargas, Salvador Alfaro, Y.S.G.R, Rosa Vargas Morals, E.D.N.P., Johana Guiterrez, Juneidy Mijangos Vargas, Carlos Rene Morales, E.I.N.P., J.I.G.R., D.M.V.. ( Filing fee $ 400 receipt number 113E-7557215.) (Attachments: # 1 Civil Cover Sheet)(bnw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 12/11/2017)

1 Civil Cover Sheet

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Electronic Summons Issued as to The United States of America. (Attachments: # 1 Summons Jefferson Sessions)(bnw) (Entered: 12/11/2017)

1 Summons Jefferson Sessions

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APPLICATION for Admission of Bradley Banias Pro Hac Vice (Application fee $ 150, receipt number 113E-7558960)by Salvador Alfaro, D.M.V., E.D.N.P., E.I.N.P., Johana Guiterrez, J.A.M., J.I.G.R., Juneidy Mijangos Vargas, Carlos Rene Morales, Rosa Vargas Morals, Lesly Padilla Padilla, Juan Mijangos Vargas, Y.S.G.R. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 12/11/2017)

APPLICATION for Admission of Lisa Graybill Pro Hac Vice (Application fee $ 150, receipt number 113E-7563459)by Salvador Alfaro, D.M.V., E.D.N.P., E.I.N.P., Johana Guiterrez, J.A.M., J.I.G.R., Juneidy Mijangos Vargas, Carlos Rene Morales, Rosa Vargas Morals, Lesly Padilla Padilla, Juan Mijangos Vargas, Y.S.G.R. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 12/13/2017)

ORDER OF RECUSAL. Judge Clarence Cooper recused. Case reassigned to Judge Steve C Jones for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-5052-SCJ. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Clarence Cooper on 12/13/2017. (dob) (Entered: 12/13/2017)

APPROVAL by Clerks Office re: 4 APPLICATION for Admission of Lisa Graybill Pro Hac Vice (Application fee $ 150, receipt number 113E-7563459). Attorney Daniel Werner added appearing on behalf of Carlos Rene Morales (jkm)

RETURN of 3 APPLICATION for Admission of Bradley Banias Pro Hac Vice (Application fee $ 150, receipt number 113E-7558960) to attorney for correction. Residential address. (jkm)

APPLICATION for Admission of Bradley Banias Pro Hac Vice by Salvador Alfaro, D.M.V., E.D.N.P., E.I.N.P., Johana Guiterrez, J.A.M., J.I.G.R., Juneidy Mijangos Vargas, Carlos Rene Morales, Rosa Vargas Morals, Lesly Padilla Padilla, Juan Mijangos Vargas, Y.S.G.R. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 12/21/2017)

Return of Service Executed by J.A.M., Lesly Padilla Padilla, Juan Mijangos Vargas, Salvador Alfaro, Y.S.G.R, Rosa Vargas Morals, E.D.N.P., Johana Guiterrez, Juneidy Mijangos Vargas, Carlos Rene Morales, E.I.N.P., J.I.G.R., D.M.V.. All Defendants. (Attachments: # 1 Exhibit A: Return Receipt, Proof of Service on U.S. Attorney, N.D. Ga.)(Werner, Daniel) (Entered: 12/21/2017)

1 Exhibit A: Return Receipt, Proof of Service on U.S. Attorney, N.D. Ga.

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ORDER granting 4 Application for Admission Pro Hac Vice for Petitioner Lisa Graybill. Signed by Judge Steve C Jones on 12/27/2017. (rjs) (Entered: 12/27/2017)

APPROVAL by Clerks Office re: 6 APPLICATION for Admission of Bradley Banias Pro Hac Vice. Attorney Daniel Werner added appearing on behalf of Salvador Alfaro, D.M.V., E.D.N.P., E.I.N.P., Johana Guiterrez, J.A.M., J.I.G.R., Juneidy Mijangos Vargas, Carlos Rene Morales, Rosa Vargas Morals, Lesly Padilla Padilla (jkm)

ORDER granting 6 Application for Admission Pro Hac Vice for Petitioner Bradley Banias. Signed by Judge Steve C Jones on 1/4/2018. (rjs) (Entered: 01/04/2018)

Return of Service Executed by J.A.M., Lesly Padilla Padilla, Juan Mijangos Vargas, Salvador Alfaro, Y.S.G.R, Rosa Vargas Morals, E.D.N.P., Johana Guiterrez, Juneidy Mijangos Vargas, Carlos Rene Morales, E.I.N.P., J.I.G.R., D.M.V.. All Defendants. (Attachments: # 1 Exhibit A: Proof of Service, United States Attorney General)(Werner, Daniel) (Entered: 01/04/2018)

1 Exhibit A: Proof of Service, United States Attorney General

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Clerks Certificate of Mailing to Bradley Banias re 9 Order on Application for Admission PHV. (rjs)

ADMINISTRATIVE ORDER STAYING CIVIL PROCEEDINGS IN LIGHT OF LAPSE OF APPROPRIATIONS. Signed by Judge Thomas W. Thrash, Jr on 1/22/2018. (rjs) (Entered: 01/22/2018)

MOTION to Dismiss with Brief In Support by The United States of America. (Attachments: # 1 Exhibit A - Vargas Orders of Removal, # 2 Exhibit B - Gutierrez Orders of Removal, # 3 Exhibit C - Padilla Orders of Removal)(Mendel, Gabriel) (Entered: 02/16/2018)

1 Exhibit A - Vargas Orders of Removal

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2 Exhibit B - Gutierrez Orders of Removal

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3 Exhibit C - Padilla Orders of Removal

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Consent MOTION for Extension of Time to File Response to the Defendant's Motion to Dismiss re: 12 MOTION to Dismiss with Brief In Support by Salvador Alfaro, D.M.V., E.D.N.P., E.I.N.P., Johana Guiterrez, J.A.M., J.I.G.R., Juneidy Mijangos Vargas, Carlos Rene Morales, Rosa Vargas Morals, Lesly Padilla Padilla, Juan Mijangos Vargas, Y.S.G.R. (Attachments: # 1 Brief in support of motion)(Banias, Bradley) (Entered: 02/23/2018)

1 Brief in support of motion

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ORDER granting 13 Motion for Extension of Time. The deadline for Plaintiffs to file a response to Defendant's 12 Motion to Dismiss is extended through and including March 16, 2018. The parties are advised that all future consent and/or joint motions must be accompanied by a proposed order. Signed by Judge Steve C Jones on 2/27/2018. (rjs) (Entered: 02/27/2018)

RESPONSE re 12 MOTION to Dismiss filed by Salvador Alfaro, D.M.V., E.D.N.P., E.I.N.P., Johana Guiterrez, J.A.M., J.I.G.R., Juneidy Mijangos Vargas, Carlos Rene Morales, Rosa Vargas Morals, Lesly Padilla Padilla, Juan Mijangos Vargas, Y.S.G.R. (Banias, Bradley) (Entered: 03/16/2018)

REPLY to Response to Motion re 12 MOTION to Dismiss filed by The United States of America. (Mendel, Gabriel) (Entered: 03/30/2018)

Submission of 12 MOTION to Dismiss to District Judge Steve C Jones. (rjs)

ORDER: Defendant's 12 Motion to Dismiss is GRANTED as to Plaintiffs Carlos Rene Morales, Rosa Vargas Morales, Juan Mijangos Vargas, Juneidy Mijangos Vargas, D.M.V., Salvador Alfaro, Johana Gutierrez, Lesly Padilla Padilla, E.D.N.P. and E.I.N.P., and DENIED WITHOUT PREJUDICE TO REFILE as to Plaintiffs J.A.M., Y.S.G.R., and J.I.G.R. The remaining Plaintiffs shall replead their Complaint (in accordance with the instructions herein) within thirty days of the entry of this order. Signed by Judge Steve C. Jones on 8/6/2018. (rjs) (Entered: 08/06/2018)

First AMENDED COMPLAINT against The United States of America filed by J.A.M., Y.S.G.R, J.I.G.R..(Banias, Bradley) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 09/04/2018)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by The United States of America. (Attachments: # 1 Exhibit A - Vargas Orders of Removal, # 2 Exhibit B - Gutierrez Orders of Removal)(Mendel, Gabriel) (Entered: 09/18/2018)

1 Exhibit A - Vargas Orders of Removal

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2 Exhibit B - Gutierrez Orders of Removal

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RESPONSE in Opposition re 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Johana Gutierrez, J.A.M., J.I.G.R., Juneidy Mijangos Vargas, Y.S.G.R. (Banias, Bradley) (Entered: 10/02/2018)

REPLY to Response to Motion re 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The United States of America. (Mendel, Gabriel) (Entered: 10/16/2018)

Submission of 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Steve C. Jones. (rjs)

Administrative Order Staying Civil Proceedings in Light of Lapse of Appropriations. Signed by Judge Thomas W. Thrash, Jr. on 12/26/2018. (rjs) (Entered: 12/27/2018)

ORDER: Defendant's 19 Motion to Dismiss Plaintiff's First Amended Complaint is GRANTED in part and DENIED in part. More specifically, Defendant's motion is granted as to Plaintiffs' claims for trespass, negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress, as well as the claims for punitive damages, attorney's fees, and declaratory relief. The motion is denied as to Plaintiffs' claim for false imprisonment. Defendant shall file its answer in accordance with the requirements of Federal Rule of Civil Procedure 12 and applicable law. Signed by Judge Steve C. Jones on 8/28/2019. (rjs) (Entered: 08/29/2019)

Consent MOTION for Extension of Time to File Answer re 18 Amended Complaint, with Brief In Support by The United States of America. (Mendel, Gabriel) (Entered: 09/10/2019)

ORDER granting 24 Motion for Extension of Time to Answer. The United States of America shall be granted an extension of time to file an Answer through and including November 1, 2019. Signed by Judge Steve C. Jones on 9/10/2019. (rjs) (Entered: 09/10/2019)

Joint MOTION to Stay with Brief In Support by The United States of America. (Mendel, Gabriel) (Entered: 10/17/2019)

ORDER granting 26 Motion to Stay. All deadlines in this matter are stayed until 12/16/2019. Signed by Judge Steve C. Jones on 10/18/2019. (rjs) (Entered: 10/18/2019)

Joint MOTION to Stay with Brief In Support by The United States of America. (Mendel, Gabriel) (Entered: 12/19/2019)

ORDER granting 28 Motion to Stay. All deadlines in this matter are stayed until March 1, 2020. Signed by Judge Steve C. Jones on 12/19/2019. (rjs) (Entered: 12/20/2019)

NOTICE of Appearance by Jacob Rhein on behalf of Johana Guiterrez, Johana Gutierrez, J.I.G.R., Y.S.G.R (Rhein, Jacob) (Entered: 02/27/2020)

MOTION to Substitute Attorney Jacob D. Rheinby Johana Guiterrez, Johana Gutierrez, J.I.G.R., Y.S.G.R. (Rhein, Jacob) (Entered: 02/27/2020)

ANSWER to 18 Amended Complaint by The United States of America. Discovery ends on 7/30/2020.(Mendel, Gabriel) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/02/2020)

MOTION to Substitute Attorney Carlos Polancoby D.M.V., E.D.N.P., E.I.N.P., J.A.M., Juneidy Mijangos Vargas, Carlos Rene Morales, Rosa Vargas Morals, Lesly Padilla Padilla, Juan Mijangos Vargas, Juneidy Mijangos Vargas. (Polanco, Carlos) (Entered: 03/03/2020)

(STRICKEN PER ORDER AT DOC. 40 )NOTICE of Acceptance of Offer of Judgment by Juneidy Mijangos Vargas, Rosa Vargas Morales, Carlos Rene Morales, Juan Mijangos Vargas, D.M.V., J.A.M., Lesley Padilla Padilla, E.I.N.P., and E.D.N.P. (Attachments: # 1 Exhibit A: Offer of Judgment, # 2 Exhibit B: Acceptance and Proof of Service, # 3 Text of Proposed Order)(Banias, Bradley) Modified on 3/24/2020 (rjs). (Entered: 03/10/2020)

RESPONSE re 34 Notice of Acceptance of Offer of Judgment, filed by The United States of America. (Mendel, Gabriel) (Entered: 03/11/2020)

RESPONSE re 34 Notice of Acceptance of Offer of Judgment, Supplemental Response filed by The United States of America. (Attachments: # 1 Exhibit A)(Mendel, Gabriel) (Entered: 03/12/2020)

Consent MOTION to Withdraw Jacob Rhein as Attorneyby Johana Guiterrez, J.I.G.R., Y.S.G.R. (Rhein, Jacob) (Entered: 03/16/2020)

REPLY re 36 Response, 35 Response filed by D.M.V., E.D.N.P., E.I.N.P., J.A.M., Juneidy Mijangos Vargas, Carlos Rene Morales, Rosa Vargas Morals, Lesly Padilla Padilla, Juan Mijangos Vargas, Juneidy Mijangos Vargas. (Banias, Bradley) Modified on 3/18/2020 (rjs). (Entered: 03/17/2020)

Submission of 31 MOTION to Substitute Attorney to District Judge Steve C. Jones. (rjs)

Submission of 33 MOTION to Substitute Attorney to District Judge Steve C. Jones. (rjs)

General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/16/2020. (rvb) (Entered: 03/20/2020)

ORDER: The Court DIRECTS the Clerk to strike the Notice of Acceptance at Doc. No. 34 . Because Plaintiffs possibly face an order of costs at a later date, in the interest of caution, the Court will permit Plaintiffs an additional FOURTEEN DAYS from the entry of this Order to file a consistent written notice accepting the offer that accords with the Court's ruling, above and in accordance with the plain language of the United States' offer of judgment. Discovery in this case begins on APRIL 2, 2020. The attorneys of record are ORDERED to confer and file a joint preliminary report/proposed scheduling order within TEN DAYS of the entry of this Order. Signed by Judge Steve C. Jones on 3/23/2020. (rjs) (Entered: 03/24/2020)

ORDER granting 31 Motion to Substitute Attorney. Attorney Daniel Werner; Bradley Bruce Banias and Lisa S Graybill terminated. Signed by Judge Steve C. Jones on 3/27/2020. (rjs) (Entered: 03/27/2020)

ORDER granting 37 Motion to Withdraw as Attorney. Attorney Jacob Rhein terminated. Plaintiff Johana Gutierrez is ORDERED pursuant to Local Rule 83.1(E)(4) to notify this Court in writing within fourteen (14) days of the date of this Order of her new counsel or of her intention to proceed pro se. Plaintiff must also provide the Court with the current telephone number and address of her new counsel or of her current telephone number and address if she is proceeding pro se. The Clerk is DIRECTED to submit this matter to the undersigned if Plaintiff fails to comply. Signed by Judge Steve C. Jones on 3/27/2020. (rjs) (Entered: 03/27/2020)

ORDER granting 33 Motion to Substitute Attorney. Carlos Polanco is substituted as counsel for Daniel Werner in the above captioned case for the following Plaintiffs: Rosa Vargas Morales, Carlos Rene Morales, Juan Mijangos Vargas, Juneidy Mijango Vargas, D.M.V., J.A.M., Lesley Padilla Padilla, E.I.N.P., and E.D.N.P. Further, Mr. Polanco will act as local counsel for both attorneys appearing pro hac vice in this case, Bradley Banias and Lisa Greybill. Signed by Judge Steve C. Jones on 3/27/2020. (rjs) (Entered: 03/27/2020)

Clerk's Certificate of Mailing as to Johana Gutierrez re 42 Order. (rjs)

Clerk's Certificate of Mailing as to Johana Gutierrez re 43 Order. (rjs)

Joint MOTION for Extension of Time to extend deadline for Joint Preliminary Report and Discovery Plan with Brief In Support by The United States of America. (Mendel, Gabriel) (Entered: 04/01/2020)

ORDER granting 44 Motion for Extension of Time. It is ORDERED that the deadline for filing the parties' Joint Preliminary Report and Discovery Plan is extended until 4/10/2020. Signed by Judge Steve C. Jones on 4/1/2020. (rjs) (Entered: 04/01/2020)

Clerk's Certificate of Mailing as to Johana Gutierrez re 45 Order. (rjs)

Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI) (Entered: 04/02/2020)

Clerk's Certificate of Mailing as to Johana Gutierrez re 46 Notice (Other). (rjs)

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by The United States of America. (Mendel, Gabriel) (Entered: 04/10/2020)

SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI) (Entered: 05/04/2020)

MOTION for Sanctions with Brief In Support by Juneidy Mijangos Vargas. (Attachments: # 1 Memorandum In Support, # 2 Exhibit A: Mediation Agreement)(Banias, Bradley) (Entered: 05/05/2020)

SCHEDULING ORDER: re: 47 Joint Preliminary Report and Discovery Plan. The parties' request for an extended discovery period beginning June 1, 2020 is DENIED. Discovery in this matter will commence on May 11, 2020 conclude on September 11, 2020. Any motions for summary judgment or the proposed consolidated pretrial order must be filed on or before October 11, 2020. If a motion for summary judgment is filed, the proposed consolidated pretrial order must be filed within 30 days after this Courts ruling thereon. If neither motion(s) for summary judgment nor the proposed pretrial order are timely filed, the Clerk is directed to submit this matter for the Court for consideration. Signed by Judge Steve C. Jones on 5/5/2020. (rjs) (Entered: 05/05/2020)

NOTICE OF ZOOM VIDEO PROCEEDING: Status Conference set for 5/14/2020 at 10:30 AM before Judge Steve C. Jones. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1608560852 Meeting ID: 160 856 0852 Password: 348282 One tap mobile +16692545252,,1608560852#,,1#,348282# US (San Jose) +16468287666,,1608560852#,,1#,348282# US (New York) Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 160 856 0852 Password: 348282 Find your local number: https://ganduscourts.zoomgov.com/u/abDCmQ6IDK Join by SIP 1608560852@sip.zoomgov.com Join by H.323 161.199.138.10 (US West) 161.199.136.10 (US East) Meeting ID: 160 856 0852 Password: 348282 You must follow the instructions of the Court for remote proceedings available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (pdw)

Clerk's Certificate of Mailing as to Johana Gutierrez re 48 Notice (Other). (rjs)

Clerk's Certificate of Mailing as to Johana Gutierrez re 50 Scheduling Order. (rjs)

CERTIFICATE OF SERVICE First Request to Produce to Plaintiff Johana Gutierrez, on behalf of minors Y.S.G.R. and J.I.G.R. by The United States of America.(Mendel, Gabriel) (Entered: 05/11/2020)

CERTIFICATE OF SERVICE First Request to Produce to Juneidy Mijangos Vargas, on behalf of minor J.A.M. by The United States of America.(Mendel, Gabriel) (Entered: 05/11/2020)

CERTIFICATE OF SERVICE Defendant's Initial Disclosures by The United States of America.(Mendel, Gabriel) (Entered: 05/11/2020)

RESPONSE in Opposition re 49 MOTION for Sanctions filed by The United States of America. (Mendel, Gabriel) (Entered: 05/11/2020)

ORDER: The Court REFERS this matter to Chief Magistrate Judge Alan J. Baverman for assignment to a magistrate judge to appoint an attorney to represent the legal interests of Plaintiffs/minors, Y.S.G.R. and J.I.G.R. and serve as the attorney of record in this case. The mother/representative for Y.S.G.R. and J.I.G.R., Ms. Johana Guiterrez, shall have TEN DAYS from the entry of this order to file a written objection to this Order. Said objections shall be mailed to the Clerks Office for the Northern District of Georgia at the following address: Richard B. Russell Federal Building 2211 United States Courthouse 75 Ted Turner Drive, S.W. Atlanta, Georgia 30303-3309. The Clerk is DIRECTED to mail a copy of this Order to Ms. Guiterrez at both the address of record on the Clerk's docket and to the following address: 1115 Sunrise Field Court Lawrenceville, Georgia 30043. Ms. Guiterrez is further ADVISED of her duty pursuant to Local Rule 41.2(B) to keep the Clerk's Office informed of her current address. To this regard, upon receipt of this Order, Ms. Guiterrez must immediately send written confirmation of her address to the Clerk's Office at the Clerk's Office address listed above. Signed by Judge Steve C. Jones on 5/14/2020. (rjs) (Entered: 05/14/2020)

Minute Entry for proceedings held before Judge Steve C. Jones: Status Conference held on 5/14/2020 via Zoom. Counsel advised the Court that a global settlement has not yet been achieved. (Court Reporter David Ritchie)(pdw) (Entered: 05/19/2020)

Clerk's Certificate of Mailing as to Johana Gutierrez re 55 Order to both addresses. (rjs)

ORDER: The Court APPOINTS Ann Grunewald Fort of the law firm, Eversheds Sutherland (US) LLP to serve as pro bono counsel for the plaintiffs-minors, Y.S.G.R. and J.I.G.R. It is further ORDERED that former counsel for the plaintiffs-minors (Bradley Banias, Daniel Werner, and Lisa Graybill) shall immediately contact Ms. Fort and provide the full legal names of the plaintiffs-minors. Signed by Judge Steve C. Jones on 5/21/2020. (rjs) (Entered: 05/21/2020)

THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (rvb) (ADI) (Entered: 05/27/2020)

Submission of 55 Order to District Judge Steve C. Jones. (rjs)

FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI) (Entered: 07/02/2020)

FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (rvb) (ADI) (Entered: 07/13/2020)

SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (mmc) (ADI) (Entered: 08/04/2020)

Consent MOTION to approve disbursement of settlement funds with Brief In Support by J.I.G.R., Y.S.G.R. (Attachments: # 1 Exhibit Exhibit A (redacted), # 2 Affidavit Gutierrez Declaration (redacted), # 3 Text of Proposed Order)(Fort, Ann) (Entered: 08/12/2020)

1 Exhibit Exhibit A (redacted)

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2 Affidavit Gutierrez Declaration (redacted)

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3 Text of Proposed Order

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MOTION for In Camera Review of Unredacted Settlement with Brief In Support by J.I.G.R., Y.S.G.R. (Fort, Ann) (Entered: 08/12/2020)

RESPONSE re 63 MOTION for In Camera Review of Unredacted Settlement filed by The United States of America. (Mendel, Gabriel) (Entered: 08/13/2020)

ORDER granting 62 Motion to Approve Disbursement of Settlement. The settlement shall be disbursed as agreed upon by the parties, without the appointment of a conservator to receive the payment on behalf of either minor child, Y.S.G.R. and J.I.G.R. This matter is now terminated. Signed by Judge Steve C. Jones on 8/13/2020. c:Financial Office(kt) (Entered: 08/13/2020)

DOCKETED IN ERROR PER ORDER AT DOC. 66 Civil Case Terminated. (kt) Modified on 10/9/2020 (rjs).

DOCKET ORDER granting 63 Motion for In Camera Review. Entered by Judge Steve C. Jones on 8/13/2020. (pdw)

ORDER: It appearing that this case was inadvertently closed as to Plaintiff JUNEIDY MIJANGOS VARGAS, on behalf of a minor, J.A.M, the Court AMENDS its August 13, 2020 65 order to state that this case is terminated as to Plaintiff JOHANA GUTIERREZ, on behalf of minors, Y.S.G.R. and J.I.G.R. only. This case remains open as to JUNEIDY MIJANGOS VARGAS, on behalf of a minor, J.A.M. The Clerk is DIRECTED to reopen this case as to said plaintiff and also reopen the 49 motion for sanctions. The Court further ORDERS that the 50 scheduling order remains in place, with the exception that motions for summary judgment (or the proposed consolidated pretrial order) are due on TUESDAY, OCTOBER 13, 2020 due to the prior deadline of October 11, 2020 falling on a weekend/holiday period. Signed by Judge Steve C. Jones on 10/9/2020. (rjs) (Entered: 10/09/2020)

NOTICE of Settlement by The United States of America (Mendel, Gabriel) (Entered: 10/13/2020)

ORDER: It is ORDERED that this action be DISMISSED without prejudice to the right, upon good cause shown within sixty (60) days to reopen the action if settlement is not consummated. The Clerk is DIRECTED to ADMINISTRATIVELY TERMINATE this action. If this matter is not reopened by the parties within sixty (60) days it will be deemed to have been dismissed with prejudice. Signed by Judge Steve C. Jones on 10/13/2020. (rjs) (Entered: 10/13/2020)

Civil Case Terminated. (rjs)