Case: Dvash-Banks v. Tillerson [Dvash-Banks v. Pompeo]

2:18-cv-00523 | U.S. District Court for the Central District of California

Filed Date: Jan. 22, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 22, 2018, a father and his minor son filed this lawsuit in the District Court for the Central District of California. The plaintiffs sued the U.S. Department of State (DOS) for not granting U.S. citizenship to the child plaintiff, because he was born outside of the U.S. to a same-sex dual-nationality couple. Represented by the nonprofit organization Immigration Equality and the private law firm Sullivan & Cromwell (who also represented the plaintiffs in a similar lawsuit filed the sa…

On January 22, 2018, a father and his minor son filed this lawsuit in the District Court for the Central District of California. The plaintiffs sued the U.S. Department of State (DOS) for not granting U.S. citizenship to the child plaintiff, because he was born outside of the U.S. to a same-sex dual-nationality couple. Represented by the nonprofit organization Immigration Equality and the private law firm Sullivan & Cromwell (who also represented the plaintiffs in a similar lawsuit filed the same day), the plaintiffs sought declaratory and injunctive relief granting birthright U.S. citizenship to the child.

The adult plaintiff, a natural-born U.S. citizen, married his Israeli-citizen husband in 2010 in Canada. The couple continued living in Canada because the U.S. citizen held joint Canadian citizenship and could sponsor his husband for legal residence there, which he could not do in the United States at the time. Some years later, each man contributed his sperm to conceive two children, born through a surrogate in Canada in 2016. The children's birth certificates listed only the names of the two fathers as parents.

However, when the fathers applied for U.S. citizenship for the children, DOS only recognized the citizenship of the son born of the sperm of the U.S. citizen, under the Immigration and Nationality Act (INA) § 301(g) (8 U.S.C. § 1401(g)) (governing derivation of U.S. citizenship for a child born abroad to a U.S. citizen). DOS did not recognize U.S. citizenship of the child plaintiff, born of the sperm of the Israeli citizen, because he lacked a biological or adoptive relationship to the U.S. citizen adult plaintiff. According to plaintiffs, DOS erroneously considered this child born "out of wedlock" and not entitled to U.S. citizenship at birth under INA § 309 (8 U.S.C. § 1409). Thus the child plaintiff could only travel to the U.S. with the rest of his family on a temporary tourist visa.

The plaintiffs asserted that DOS had a policy of discrimination against the children of same-sex couples. Any child born to a U.S. citizen woman married to a man was born "in wedlock." But a child of a U.S. citizen who was not the biological or adoptive parent, but instead conceived through reproductive technology, could be considered born "out of wedlock." The plaintiffs argued that this policy, which largely burdened same-sex couples, was unsupported by the INA's text and intent to keep families together, as well as case law supporting the rights of same-sex married couples.

The plaintiffs alleged that DOS's policy and its application to the plaintiffs violated the Due Process and Equal Protection Clauses of the Fifth Amendment to the U.S. Constitution, as well as the Administrative Procedures Act (APA) as arbitrary, capricious, and contrary to the INA. On January 24, 2018, the case was assigned to Judge John F. Walter.

Status reports filed in May and July 2018 stated that the parties were continuing to try to resolve the matter without resorting to litigation. On August 21, 2018, Judge Walter referred the parties to private mediation.

On November 27, 2018, Judge Walter issued an order for plaintiffs to show cause as to why the case should not be dismissed with respect to the child plaintiff, as a guardian ad litem had not yet been appointed as required under Federal Rule of Civil Procedure 17(c). The order called for the plaintiffs to file an ex parte application to appoint a guardian ad litem by December 3, 2018, which they did. On December 4, 2018, Judge Walter issued an order granting the application.

In early January, the parties engaged in a flurry of motions and amended complaints. On January 4, 2019, the plaintiffs filed an unopposed motion amending their complaint to remove the Equal Protection claim. They retained the other three causes of action. Three days later, they filed a partial motion for summary judgment on the Due Process claim and the 8 U.S.C. § 1503 claim for a declaration that the child plaintiff is a U.S. citizen. The same day, DOS also moved for summary judgment on the Due Process and the APA claims. A week later, on January 14, 2019, the plaintiffs filed an amended complaint.

On February 21, 2019, Judge Walter granted each party partial summary judgment. 2019 WL 911799. He held that DOS was entitled to summary judgment on the APA claim, finding that the plaintiffs had an adequate alternative remedy to the APA claim in their § 1503 claim. Judge Walter ruled that the plaintiffs were entitled to summary judgment on the § 1503 claim, finding that there was no dispute over the material facts and that Ninth Circuit authority did not condition citizenship under § 301 of the INA upon a biological connection to both of the child’s married parents. Because the plaintiffs prevailed on the § 1503 claim, the parties agreed, and Judge Walter ruled, that the plaintiffs’ claim for declaratory judgment on the Due Process claim was moot.

On March 7, 2019, Judge Walter ruled that the child plaintiff was a citizen of the United States who acquired his citizenship at birth under § 301 of the INA; ordered DOS to issue the child plaintiff a U.S. passport within 45 days of the judgment; ordered DOS to issue the child plaintiff a Consular Report of Birth Abroad if the parents decided to apply for one; prohibiting DOS from charging the family any additional fines (since their first applications were improperly denied); entering judgment for DOS on the APA claim; and dismissing the plaintiffs' Due Process claim as moot. Judge Walter retained jurisdiction to adjudicate on applications for attorneys' fees and costs.

On March 20, 2019, the plaintiffs filed a motion pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”) for an award of attorneys' fees. Because the defendants planned to appeal the district court's decision, the parties agreed to defer the proceedings related to the motion until a final judgment was reached.

On May 6, 2019, the defendant appealed the decision to the Ninth Circuit Court of Appeals, docket number 19−55517. The parties issued a joint status report stating they had agreed upon an amount to be paid in attorney fees on May 9, 2019, but the court ordered deferment in light of the appeal on May 13, 2019.

In an unpublished memorandum opinion, the Ninth Circuit affirmed the decision of the district court on October 9, 2020. 2020 WL 5991163. The Court noted that the district court correctly ruled that the child-plaintiff was a citizen of the United States under Ninth Circuit precedent. The Ninth Circuit issued its mandate and its judgment took effect on January 25, 2021. The parties filed a joint status report on February 2, 2021.

The case remains ongoing.

Summary Authors

Ava Morgenstern (1/24/2018)

Virginia Weeks (7/17/2018)

Alexandra Gilewicz (3/20/2019)

Justin Hill (10/2/2019)

Casey D'Alesandro (2/18/2021)

Related Cases

Blixt v. Tillerson [later Pompeo], District of Columbia (2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6279159/parties/andrew-mason-dvash-banks-v-michael-r-pompeo/


Judge(s)

Bress, Daniel Aaron None (Arizona)

Chooljian, Jacqueline (California)

Hurwitz, Andrew David (Arizona)

Kleinfeld, Andrew Jay (Alaska)

Walter, John F. (California)

Attorneys(s) for Plaintiff

Blair, Scott E (New York)

Edelman, Theodore (New York)

Goldsmith, Lauren (New York)

Jennings, Andrew K. (New York)

Klein, Jessica M. (New York)

Judge(s)

Bress, Daniel Aaron None (Arizona)

Chooljian, Jacqueline (California)

Hurwitz, Andrew David (Arizona)

Kleinfeld, Andrew Jay (Alaska)

Walter, John F. (California)

Attorneys(s) for Plaintiff

Blair, Scott E (New York)

Edelman, Theodore (New York)

Goldsmith, Lauren (New York)

Jennings, Andrew K. (New York)

Klein, Jessica M. (New York)

Lawson-Remer, Alexa M. (California)

Morris, Aaron (New York)

Moss, Alexandra K. (New York)

Raybuck, Rebekah Tilander (California)

Attorneys(s) for Defendant

Andrapalliyal, Vinita (District of Columbia)

Coppolino, Anthony J. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Marcus, Lisa Zeidner (Pennsylvania)

Documents in the Clearinghouse

Document

2:18-cv-00523

0:19-55517

Docket [PACER]

Dvash-Banks v. Tillerson (Dvash-Banks v. Pompeo)

Feb. 2, 2021

Feb. 2, 2021

Docket
1

2:18-cv-00523

Complaint for Declaratory Injunctive Relief

Dvash-Banks v. United States Department of State and Tillerson

Jan. 22, 2018

Jan. 22, 2018

Complaint
79

2:18-cv-00523

Ex Parte Notice of Motion and Unopposed Motion Under FRCP 15(a) for Leave to Remove Plaintiffs' Equal Protection Claim Via Amendment of the Complaint

Dvash-Banks v. Tillerson

Jan. 4, 2019

Jan. 4, 2019

Monitor/Expert/Receiver Report
94

2:18-cv-00523

First Amended Complaint for Declaratory and Injunctive Relief

Dvash-Banks v. Tillerson

Jan. 14, 2019

Jan. 14, 2019

Complaint
123

2:18-cv-00523

Order Granting in Part and Denying in Part Plaintiff's Motion for Partial Summary Judgment Order Granting in Part and Denying in Part Defendant's Motion for Partial Summary Judgment

Dvash-Banks v. Tillerson

2019 WL 911799

Feb. 21, 2019

Feb. 21, 2019

Order/Opinion
125

2:18-cv-00523

Judgment

Dvash-Banks v. Pompeo

March 6, 2019

March 6, 2019

Order/Opinion
138

2:18-cv-00523

Order to Defer Consideration of Plaintiffs' Application for Attorneys' Fees and Costs

Dvash-Banks v. Pompeo

May 13, 2019

May 13, 2019

Order/Opinion
56

2:18-cv-00523

0:19-55517

Memorandum

E. J. D.-B. v. United States Department of State

U. S. Court of Appeals for the Ninth Circuit

825 Fed.Appx. 479

Oct. 9, 2020

Oct. 9, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6279159/andrew-mason-dvash-banks-v-michael-r-pompeo/

Last updated Aug. 4, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: 0973-21130560 - Fee: $400, filed by Plaintiffs Ethan Jacob Dvash-Banks, Andrew Mason Dvash-Banks. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Attorney Alexa M Lawson-Remer added to party Andrew Mason Dvash-Banks(pty:pla), Attorney Alexa M Lawson-Remer added to party Ethan Jacob Dvash-Banks(pty:pla))(Lawson-Remer, Alexa) (Entered: 01/22/2018)

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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Jan. 22, 2018

Jan. 22, 2018

RECAP
2

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. (Lawson-Remer, Alexa) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
3

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. (Lawson-Remer, Alexa) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
4

CIVIL COVER SHEET filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. (Lawson-Remer, Alexa) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
5

NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, identifying None. (Attorney Alexandra H Moss added to party Andrew Mason Dvash-Banks(pty:pla), Attorney Alexandra H Moss added to party Ethan Jacob Dvash-Banks(pty:pla))(Moss, Alexandra) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
6

NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Jacqueline Chooljian. (ghap) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
7

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
8

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Rex W. Tillerson. (ghap) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
9

NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 2 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
10

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Theodore Edelman. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
11

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jessica Klein. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
12

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Scott E Blair. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
13

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Aaron C Morris. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
14

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. (Moss, Alexandra) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
15

APPLICATION of Non-Resident Attorney Theodore Edelman to Appear Pro Hac Vice on behalf of Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21157871) filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. (Attachments: # 1 Proposed Order) (Lawson-Remer, Alexa) (Entered: 01/25/2018)

1 Proposed Order

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Jan. 25, 2018

Jan. 25, 2018

PACER
16

APPLICATION of Non-Resident Attorney Jessica M. Klein to Appear Pro Hac Vice on behalf of Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21158143) filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. (Attachments: # 1 Proposed Order) (Lawson-Remer, Alexa) (Entered: 01/25/2018)

1 Proposed Order

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Jan. 25, 2018

Jan. 25, 2018

PACER
17

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant The United States Department of State. (jp) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
18

APPLICATION of Non-Resident Attorney Andrew K. Jennings to Appear Pro Hac Vice on behalf of Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21164726) filed by Plaintiffs Andrew Maso n Dvash-Banks, Ethan Jacob Dvash-Banks. (Attachments: # 1 Proposed Order) (Lawson-Remer, Alexa) (Entered: 01/26/2018)

1 Proposed Order

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Jan. 26, 2018

Jan. 26, 2018

PACER
19

APPLICATION of Non-Resident Attorney Scott E. Blair to Appear Pro Hac Vice on behalf of Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21164950) filed by Plaintiffs Andrew Mason Dv ash-Banks, Ethan Jacob Dvash-Banks. (Attachments: # 1 Proposed Order) (Lawson-Remer, Alexa) (Entered: 01/26/2018)

1 Proposed Order

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Jan. 26, 2018

Jan. 26, 2018

PACER
20

APPLICATION of Non-Resident Attorney Aaron C. Morris to Appear Pro Hac Vice on behalf of Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21165065) filed by Plaintiffs Andrew Mason D vash-Banks, Ethan Jacob Dvash-Banks. (Attachments: # 1 Proposed Order) (Lawson-Remer, Alexa) (Entered: 01/26/2018)

1 Proposed Order

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Jan. 26, 2018

Jan. 26, 2018

PACER
21

CERTIFICATE OF SERVICE filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks, re APPLICATION of Non-Resident Attorney Aaron C. Morris to Appear Pro Hac Vice on behalf of Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21165065) 20, APPLICATION of Non-Resident Attorney Theodore Edelman to Appear Pro Hac Vice on behalf of Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21157871) 15, APPLICATION of Non-Resident Attorney Scott E. Blair to Appear Pro Hac Vice on behalf of Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21164950) 19, APPLICATION of Non-Resident Attorney Andrew K. Jennings to Appear Pro Hac Vice on behalf of Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21164726) 18, APPLICATION of Non-Resident Attorney Jessica M. Klein to Appear Pro Hac Vice on behalf of Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21158143) 16 served on 01/26/2018. (Lawson-Remer, Alexa) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
22

ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Theodore Edelman to Appear Pro Hac Vice on behalf of Plaintiff Andrew Mason Dvash-Banks and Ethan Jacob Dvash-Banks, designating Alexa M. Lawson-Remer as local counsel 15 . (iv) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
23

ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Jessica M. Klein to Appear Pro Hac Vice on behalf of Plaintiff Andrew Mason Dvash-Banks and Ethan Jacob Dvash-Banks, designating Alexa M. Lawson-Remer as local counsel 16 . (iv) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
24

ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Andrew Jennings to Appear Pro Hac Vice on behalf of Plaintiff Andrew Mason Dvash-Banks and Ethan Jacob Dvash-Banks, designating Alexa M. Lawson-Remer as local counsel 18 . (iv) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
25

ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Scott E. Blair to Appear Pro Hac Vice on behalf of Plaintiff Andrew Mason Dvash-Banks and Ethan Jacob Dvash-Banks, designating Alexa M. Lawson-Remer as local counsel 19 . (iv) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
26

ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Aaron C. Morris to Appear Pro Hac Vice on behalf of Plaintiff Andrew Mason Dvash-Banks and Ethan Jacob Dvash-Banks, designating Alexa M. Lawson-Remer as local counsel 20 . (iv) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
27

STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
28

CERTIFICATE OF SERVICE filed by Plaintiff Attorney Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks, re Initial Order upon Filing of Complaint - form only 27 served on 02/02/2018. (Lawson-Remer, Alexa) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
29

DECLARATION of Theodore Edelman filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. (Edelman, Theodore) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
30

PROOF OF SERVICE Executed by Plaintiff Ethan Jacob Dvash-Banks, Andrew Mason Dvash-Banks, upon Defendant The United States Department of State served on 1/26/2018, answer due 3/27/2018. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Genoveva Ortega, Legal Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to Ronnie DuBose, Office of the Assistant Attorney General, Justice Management Division. Executed upon the officer agency or corporation by delivering a copy to Executive Office, Office of the Legal Adviser, U.S. Department of State. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Jennings, Andrew) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
31

PROOF OF SERVICE Executed by Plaintiff Ethan Jacob Dvash-Banks, Andrew Mason Dvash-Banks, upon Defendant Rex W. Tillerson served on 1/29/2018, answer due 3/30/2018. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Genoveva Ortega, Legal Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to David Burroughs, Office of the Assistant Attorney General, Justice Management Division. Executed upon the officer agency or corporation by delivering a copy to Executive Office, Office of the Legal Adviser, U.S. Department of State. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Jennings, Andrew) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
32

Notice of Appearance or Withdrawal of Counsel: for attorney Andrew K Jennings counsel for Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. Scott E. Blair is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by counsel Andrew Jennings. (Jennings, Andrew) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
33

CERTIFICATE OF SERVICE filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks, re Notice of Appearance or Withdrawal of Counsel (G-123), 32 served on February 23, 2018. (Lawson-Remer, Alexa) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
34

Notice of Appearance or Withdrawal of Counsel: for attorney Vinita Andrapalliyal counsel for Defendants The United States Department of State, Rex W. Tillerson. Adding Vinita B. Andrapalliyal as counsel of record for Defendants for the reason indicated in the G-123 Notice. Filed by Defendants U.S. Department of State, Rex W. Tillerson, Secretary, U.S. Department of State. (Attorney Vinita Andrapalliyal added to party The United States Department of State(pty:dft), Attorney Vinita Andrapalliyal added to party Rex W. Tillerson(pty:dft))(Andrapalliyal, Vinita) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
35

Joint STIPULATION for Extension of Time to File Answer to May 29, 2018 re Complaint (Attorney Civil Case Opening), 1, Joint STIPULATION for Relief from additional case deadlines for 60 days filed by Defendants The United States Department of State, Rex W. Tillerson. (Attachments: # 1 Proposed Order)(Andrapalliyal, Vinita) (Entered: 03/22/2018)

1 Proposed Order

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March 22, 2018

March 22, 2018

PACER
36

ORDER EXTENDING CASE DEADLINES 35 by Judge John F. Walter. The case deadlines are extended by 60 days. Defendants' response to Plaintiffs' Complaint is extended from March 27, 2018 to May 29, 2018. The parties will file a joint status report by May 29, 2018. (iv) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER
37

DECLARATION of Vinita B. Andrapalliyal (Declaration of Lead Trial Counsel) filed by Defendants The United States Department of State, Rex W. Tillerson. (Andrapalliyal, Vinita) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER
38

NOTICE TO PARTIES by U.S. Magistrate Judge Jacqueline Chooljian. Effective, April 11, 2018, Judge Chooljian will be located at the Edward R. Roybal Federal Building and U.S. Courthouse ("Roybal Building"), located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 750 on the 7th floor of the Roybal Building. All mandatory chambers copies shall be hand delivered to the judge's mail box located outside of the Clerk's Office on the 12th floor of the Roybal Building. Paper civil and criminal documents exempted from electronic filing shall be filed in Room 180 on the Terrace Level of the Roybal Building. Magistrate Judge Chooljian's Courtroom Deputy Clerk, Kerri Hays, may be reached at (213) 894-2921. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER
39

STATUS REPORT (Joint) filed by Defendants The United States Department of State, Rex W. Tillerson. (Andrapalliyal, Vinita) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
40

Joint STIPULATION for Extension of Time to File Answer to 07/16/2018, STIPULATION for Relief from additional case management deadlines for 45 days filed by Defendants The United States Department of State, Rex W. Tillerson. (Attachments: # 1 Proposed Order)(Andrapalliyal, Vinita) (Entered: 05/23/2018)

1 Proposed Order

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May 23, 2018

May 23, 2018

PACER
41

ORDER EXTENDING CASE DEADLINES 40 by Judge John F. Walter. The case deadlines are extended by 45 days. Defendants' response to Plaintiffs' Complaint is extended from May 29, 2018 to July 16, 2018. The parties will file a joint status report by July 16, 2018. (iv) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
42

Notice of Appearance or Withdrawal of Counsel: for attorney Andrew K Jennings counsel for Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. Alexandra H. Moss is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. (Jennings, Andrew) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
43

STATUS REPORT (Joint) filed by Defendants The United States Department of State, Rex W. Tillerson. (Andrapalliyal, Vinita) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
44

Joint STIPULATION Extending Time to Answer the complaint as to The United States Department of State answer now due 8/6/2018; Rex W. Tillerson answer now due 8/6/2018,, Joint STIPULATION for Relief from Additional Case Management Deadlines filed by defendants The United States Department of State; Rex W. Tillerson. (Attachments: # 1 Proposed Order)(Andrapalliyal, Vinita) (Entered: 07/11/2018)

1 Proposed Order

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July 11, 2018

July 11, 2018

PACER
45

ORDER DENYING EXTENDING CASE DEADLINES 44 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
46

ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendants The United States Department of State, Rex W. Tillerson.(Andrapalliyal, Vinita) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
47

MINUTE ORDER IN CHAMBERS by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for August 27, 2018 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before August 20, 2018. (iv) (Entered: 08/01/2018)

July 31, 2018

July 31, 2018

PACER
48

Notice of Appearance or Withdrawal of Counsel: for attorney Andrew K Jennings counsel for Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. Andrew K Jennings is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Andrew Mason Dvash-Banks and Ethan Jacob Dvash-Banks. (Jennings, Andrew) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
49

NOTICE filed by plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. (Scheduling Conference) (Lawson-Remer, Alexa) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

RECAP
50

JOINT REPORT Rule 26(f) Discovery Plan for Scheduling Conference ; estimated length of trial 4 days, filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks.. (Attachments: # 1 Request: ADR Procedure Selection)(Edelman, Theodore) (Entered: 08/20/2018)

1 Request: ADR Procedure Selection

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Aug. 20, 2018

Aug. 20, 2018

PACER
51

ORDER VACATING SCHEDULING CONFERENCE AND REFERRAL TO PRIVATE MEDIATION by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on August 27, 2018 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice toParties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: December 10, 2018. The Joint Report re: Results of Settlement Conference due on: December 14, 2018. (iv) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
52

SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 4/5/2019 at 10:00 AM. Court Trial set for 4/16/2019 at 8:30 AM. SEE ORDER FOR DETAILS. (iv) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
53

NOTICE of Appearance filed by attorney Lisa Zeidner Marcus on behalf of Defendants The United States Department of State, Rex W. Tillerson (Attorney Lisa Zeidner Marcus added to party The United States Department of State(pty:dft), Attorney Lisa Zeidner Marcus added to party Rex W. Tillerson(pty:dft))(Marcus, Lisa) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
54

NOTICE OF MOTION AND MOTION to Compel Production of Documents, Interrogatory Responses, and Depositions filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. Motion set for hearing on 12/11/2018 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: # 1 Joint Stipulation, # 2 Declaration of Alexa M. Lawson-Remer, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Declaration of Lisa Zeidner Marcus, # 19 Exhibit A, # 20 Exhibit B, # 21 Exhibit C, # 22 Exhibit D, # 23 Exhibit E, # 24 Exhibit F, # 25 Exhibit G, # 26 Exhibit H, # 27 Declaration of Karen L. Christensen, # 28 Declaration of Brian J. Egan, # 29 Declaration of Carlos A. Hernandez)(Lawson-Remer, Alexa) (Entered: 11/19/2018)

1 Joint Stipulation

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2 Declaration of Alexa M. Lawson-Remer

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 15

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18 Declaration of Lisa Zeidner Marcus

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19 Exhibit A

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20 Exhibit B

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21 Exhibit C

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22 Exhibit D

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23 Exhibit E

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24 Exhibit F

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25 Exhibit G

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26 Exhibit H

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27 Declaration of Karen L. Christensen

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28 Declaration of Brian J. Egan

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29 Declaration of Carlos A. Hernandez

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Nov. 19, 2018

Nov. 19, 2018

PACER
55

MEMORANDUM in Support of MOTION to Compel Production of Documents, Interrogatory Responses, and Depositions 54 Supplemental Brief filed by Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. (Attachments: # 1 Declaration of Alexa Lawson-Remer in Support of Plaintiffs' Supplemental Memorandum, # 2 Exhibit 1, # 3 Exhibit 2)(Lawson-Remer, Alexa) (Entered: 11/27/2018)

1 Declaration of Alexa Lawson-Remer in Support of Plaintiffs' Supplemental Me

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2 Exhibit 1

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3 Exhibit 2

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Nov. 27, 2018

Nov. 27, 2018

PACER
57

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED AS TO PLAINTIFF ETHAN JACOB DVASH-BANKS by Judge John F. Walter. Plaintiffs are hereby ordered to show cause, in writing, no later than December 3, 2018, why this action should not be dismissed without prejudice as to Ethan for failure to appoint a guardian ad litem. (iv) (Entered: 11/28/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
56

SUPPLEMENT to MOTION to Compel Production of Documents, Interrogatory Responses, and Depositions 54 Supplemental Memorandum filed by Defendants Michael R. Pompeo, The United States Department of State. (Attachments: # 1 Declaration 2d Marcus Decl, # 2 Exhibit I, # 3 Exhibit J)(Marcus, Lisa) (Entered: 11/28/2018)

1 Declaration 2d Marcus Decl

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2 Exhibit I

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3 Exhibit J

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Nov. 28, 2018

Nov. 28, 2018

PACER
58

EX PARTE APPLICATION for Appointment of Elad Dvash-Banks as Guardian ad Litem for EJDB filed by plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Alexa M. Lawson-Remer, # 3 Declaration of Elad Dvash-Banks, # 4 Proposed Order) (Lawson-Remer, Alexa) (Entered: 12/03/2018)

1 Memorandum of Points and Authorities

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2 Declaration of Alexa M. Lawson-Remer

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3 Declaration of Elad Dvash-Banks

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4 Proposed Order

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Dec. 3, 2018

Dec. 3, 2018

PACER
59

Notice of Appearance or Withdrawal of Counsel: for attorney Rebekah Tilander Raybuck counsel for Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. Adding Rebekah T. Raybuck as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiffs Andrew Mason Dvash-Banks and Ethan Jacob Dvash-Banks. (Attorney Rebekah Tilander Raybuck added to party Andrew Mason Dvash-Banks(pty:pla), Attorney Rebekah Tilander Raybuck added to party Ethan Jacob Dvash-Banks(pty:pla))(Raybuck, Rebekah) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
60

Notice of Appearance or Withdrawal of Counsel: for attorney Alexa M Lawson-Remer counsel for Plaintiffs Andrew Mason Dvash-Banks, Ethan Jacob Dvash-Banks. Adding Lauren M. Goldsmith as counsel of record for Andrew Mason Dvash-Banks and Ethan Jacob Dvash-Banks for the reason indicated in the G-123 Notice. Filed by Plaintiffs Andrew Mason Dvash-Banks and Ethan Jacob Dvash-Banks. (Lawson-Remer, Alexa) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
61

ORDER GRANTING EX PARTE APPLICATION TO APPOINT GUARDIAN AD LITEM 58 by Magistrate Judge Jacqueline Chooljian. Good cause appearing, the Court GRANTS Plaintiffs' Ex Parte Application and appoints Elad Dvash-Banks as the guardian ad litem for E.J.D.-B. in the instant action. IT IS SO ORDERED. (lom) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
65

MINUTES OF MOTION HEARING AND ORDERS ON PLAINTIFFS' MOTION TO COMPEL held before Magistrate Judge Jacqueline Chooljian: Case called. Counsel stated their appearances. The Court heard argument from counsel. Plaintiffs withdrew portions of the Motion to Compel as detailed below. For reasons explained on therecord and as detailed below, the Court granted in part and denied in part without prejudice Plaintiffs' Motion to Compel. The Court set further telephonic status conferences for discovery as detailed below and directed Defendants' counsel to provide a proposed stipulated protective order to Plaintiffs' counselby not later December 12, 2018. (SEE DOCUMENT FOR FURTHER DETAILS) Court Recorder: CS 12-11-18. (klg) (Entered: 12/12/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
62

TRANSCRIPT ORDER as to plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks for Court Smart (CS). Court will contact Sara Carrico at carricos@sullcrom.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Lawson-Remer, Alexa) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
63

COMPACT DISC Order The United States Department of State. Court will contact Tija Anderson Transcript portion requested: Hearing Date: 12/11/18. Federal Government Agency - No fee required: U.S. Dept of State - DOJ. (ha) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
64

TRANSCRIPT ORDER for Court Smart (CS).Hearing Date: 12/11/18. Transcript preparation will not begin until payment has been satisfied with the transcription company. (ha) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
66

TRANSCRIPT for proceedings held on 12-11-18 10:02 a.m.. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/3/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/13/2019. (ha) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
67

NOTICE OF FILING TRANSCRIPT filed for proceedings 12/11/18 10:02 A.M. re Transcript 66 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
68

MINUTE ORDER (IN CHAMBERS) RE COMMUNICATION FROM COUNSEL, VACATING DECEMBER 14, 2018 STATUS CONFERENCE AND DEEMING WITHDRAWN/DENYING AS MOOT PLAINTIFFS' MOTION TO COMPEL RELATIVE TO FED. R. CIV. P. 30(B)(6) TOPIC NO. 5 by Magistrate Judge Jacqueline Chooljian: On December 11, 2018, the Court deferred ruling on Plaintiff's Motion to Compel relative to Fed. R. Civ. P. 30(b)(6) Topic No. 5 for the purpose of allowing the parties further to meet and confer regarding the same, and scheduled a telephonic status conference for this date at 8:00 a.m. to resolve any remaining dispute regarding the same, subject to such conference being vacated if Plaintiffs' and Defendants counsel both notified the Clerk that such conference was unnecessary. As the Clerk has now been notified by counsel that they have resolved their disputes relative to Fed. R. Civ. P. 30(b)(6) Topic No. 5 and that a status conference this date is unnecessary, the Court vacates today's status conference and deems Plaintiffs Motion to Compel relative to Fed. R. Civ. P. 30(b)(6) Topic No. 5 withdrawn/denies the motion as moot relative to the same. (klg) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
69

JOINT REPORT of Settlement Conference filed by Defendants Michael R. Pompeo, The United States Department of State. (Andrapalliyal, Vinita) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
70

Joint STIPULATION for Protective Order filed by Defendants Michael R. Pompeo, The United States Department of State. (Attachments: # 1 Supplement Redline of proposed changes to form order, # 2 Proposed Order)(Andrapalliyal, Vinita) (Entered: 12/18/2018)

1 Supplement Redline of proposed changes to form order

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2 Proposed Order

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Dec. 18, 2018

Dec. 18, 2018

PACER
71

PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian. (SEE DOCUMENT FOR DETAILS) 70 (klg) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

RECAP
72

MINUTE ORDER OF TELEPHONIC STATUS CONFERENCE held before Magistrate Judge Jacqueline Chooljian: Case called. Counsel stated their appearances. The parties updated the Court regarding the current status of discovery. The Court ordered the parties to confer regarding produced documents redacted on bases other than attorney-client privilege/work product and ordered defendants to produce: 1. Unredacted versions of previously produced documents that were redacted on bases other than attorney-client privilege/work product (subject to the Protective Order issued this date) by 6:00 a.m. Pacific Time on December 20, 2018; and 2. A privilege log regarding documents withheld/redacted based upon an assertion of attorney-client privilege/work product by not later than December 28, 2018. Court Recorder: CS 12-19-18. (klg) (Entered: 12/20/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
73

Joint STIPULATION for Extension of Time to File Summary Judgment Motions filed by Defendants Michael R. Pompeo, The United States Department of State. (Attachments: # 1 Proposed Order)(Andrapalliyal, Vinita) (Entered: 12/21/2018)

1 Proposed Order

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Dec. 21, 2018

Dec. 21, 2018

PACER
74

EX PARTE APPLICATION to Stay Case pending Discovery Cut-off and Motion Hearing Cut-off in Light of Lapse of Appropriations filed by Defendants Michael R. Pompeo, The United States Department of State. (Attachments: # 1 Declaration, # 2 Proposed Order) (Andrapalliyal, Vinita) (Entered: 12/26/2018)

1 Declaration

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2 Proposed Order

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Dec. 26, 2018

Dec. 26, 2018

PACER
75

ORDER EXTENDING CASE DEADLINES 73 by Judge John F. Walter. The motion hearing cut-off date is extended to February 4, 2019. (iv) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
76

ORDER 74 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
77

STATEMENT Joint Statement Regarding Local Rule 7-3 Conference filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks (Lawson-Remer, Alexa) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
78

Joint STIPULATION for Order to Modifity Scheduling Order Under Rule 16(b) filed by plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks. (Attachments: # 1 Proposed Order)(Lawson-Remer, Alexa) (Entered: 01/04/2019)

1 Proposed Order

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Jan. 4, 2019

Jan. 4, 2019

PACER
79

(Mooted by 93 ) EX PARTE APPLICATION to Remove Plaintiffs' Equal Protection Claim via Amendment of the Complaint by Notice of Motion and Unopposed Motion Under FRCP 15(a) filed by plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks. (Attachments: # 1 Declaration of Alexa M. Lawson-Remer, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order) (Lawson-Remer, Alexa) Modified on 1/18/2019 (sr). (Entered: 01/04/2019)

1 Declaration of Alexa M. Lawson-Remer

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2 Exhibit A

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3 Exhibit B

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4 Proposed Order

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Jan. 4, 2019

Jan. 4, 2019

PACER
80

CERTIFIED ADMINISTRATIVE RECORD filed by Defendants Michael R. Pompeo, The United States Department of State. (Attachments: # 1 Index to AR, # 2 AR 001, # 3 AR 002-008, # 4 AR 009-072, # 5 AR 073, # 6 AR 074-076, # 7 AR 077-080, # 8 AR 081-106)(Marcus, Lisa) (Entered: 01/04/2019)

1 Index to AR

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2 AR 001

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3 AR 002-008

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4 AR 009-072

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5 AR 073

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6 AR 074-076

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7 AR 077-080

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8 AR 081-106

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Jan. 4, 2019

Jan. 4, 2019

PACER
81

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Administrative Record 80 . The following error(s) was/were found: Title page is missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
82

NOTICE OF NON-OPPOSITION to EX PARTE APPLICATION to Remove Plaintiffs' Equal Protection Claim via Amendment of the Complaint by Notice of Motion and Unopposed Motion Under FRCP 15(a) 79 filed by Defendants Michael R. Pompeo, The United States Department of State. (Andrapalliyal, Vinita) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
83

NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to to the Due Process Clause of the Fifth Amendment claim on behalf of both Plaintiffs and to the U.S.C. Section 1503 claim on behalf of Plaintiff E.J.D.-B. filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks. Motion set for hearing on 2/4/2019 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion for Partial Summary Judgment, # 2 Appendix A of Memoradum of Points and Authorities in Support of Motion for Partial Summary Judgment, # 3 Declaration of Alexa Lawson-Remer in Support of Motion for Partial Summary Judgment, # 4 Exhibit A of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 5 Exhibit B of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 6 Exhibit C of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 7 Exhibit D of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 8 Exhibit E of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 9 Exhibit F of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 10 Exhibit G - Section 1 of 2 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 11 Exhibit G - Section 2 of 2 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 12 Exhibit G-1 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 13 Exhibit G-2 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 14 Exhibit G-3 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 15 Exhibit G-4 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 16 Exhibit G-5 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 17 Exhibit G-6 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 18 Exhibit G-7 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 19 Exhibit G-8 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment, # 20 Declaration of Andrew Dvash-Banks in Support of Motion for Partial Summary Judgment, # 21 Exhibit H of Dvash-Banks Declaration ISO Motion for Partial Summary Judgment, # 22 Exhibit I of Dvash-Banks Declaration ISO Motion for Partial Summary Judgment, # 23 Exhibit J of Dvash-Banks Declaration ISO Motion for Partial Summary Judgment, # 24 Rule 56-1 Statement of Uncontroverted Facts and Conclusions of Law ISO Motion for Partial Summary Judgment, # 25 Proposed Order) (Lawson-Remer, Alexa) (Entered: 01/07/2019)

1 Memorandum of Points and Authorities in Support of Motion for Partial Summary Ju

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2 Appendix A of Memoradum of Points and Authorities in Support of Motion for Parti

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3 Declaration of Alexa Lawson-Remer in Support of Motion for Partial Summary Judgm

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4 Exhibit A of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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5 Exhibit B of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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6 Exhibit C of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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7 Exhibit D of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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8 Exhibit E of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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9 Exhibit F of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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10 Exhibit G - Section 1 of 2 of Lawson-Remer Declaration ISO Motion for Partial Su

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11 Exhibit G - Section 2 of 2 of Lawson-Remer Declaration ISO Motion for Partial Su

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12 Exhibit G-1 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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13 Exhibit G-2 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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14 Exhibit G-3 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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15 Exhibit G-4 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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16 Exhibit G-5 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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17 Exhibit G-6 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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18 Exhibit G-7 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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19 Exhibit G-8 of Lawson-Remer Declaration ISO Motion for Partial Summary Judgment

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20 Declaration of Andrew Dvash-Banks in Support of Motion for Partial Summary Judgm

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21 Exhibit H of Dvash-Banks Declaration ISO Motion for Partial Summary Judgment

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22 Exhibit I of Dvash-Banks Declaration ISO Motion for Partial Summary Judgment

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23 Exhibit J of Dvash-Banks Declaration ISO Motion for Partial Summary Judgment

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24 Rule 56-1 Statement of Uncontroverted Facts and Conclusions of Law ISO Motion f

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25 Proposed Order

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Jan. 7, 2019

Jan. 7, 2019

RECAP
84

Excerpts from the Deposition of Terri Nathine Frances Day ISO Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to to the Due Process Clause of the Fifth Amendment claim on behalf of both Plaintiffs and to the U.S.C. Section 1503 claim on behalf of Plaintiff E.J.D.-B. 83 (Lawson-Remer, Alexa) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
85

Excerpts from the Deposition of Andrew Mason Dvash-Banks ISO Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to to the Due Process Clause of the Fifth Amendment claim on behalf of both Plaintiffs and to the U.S.C. Section 1503 claim on behalf of Plaintiff E.J.D.-B. 83 (Lawson-Remer, Alexa) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
86

Excerpts from the Deposition of Paul Peek ISO Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to to the Due Process Clause of the Fifth Amendment claim on behalf of both Plaintiffs and to the U.S.C. Section 1503 claim on behalf of Plaintiff E.J.D.-B. 83 (Lawson-Remer, Alexa) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
87

Excerpts from the Deposition of Margaret Ramsay ISO Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to to the Due Process Clause of the Fifth Amendment claim on behalf of both Plaintiffs and to the U.S.C. Section 1503 claim on behalf of Plaintiff E.J.D.-B. 83 (Lawson-Remer, Alexa) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
88

Excerpts from the Deposition of Larilyn Reffett ISO Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to to the Due Process Clause of the Fifth Amendment claim on behalf of both Plaintiffs and to the U.S.C. Section 1503 claim on behalf of Plaintiff E.J.D.-B. 83 (Lawson-Remer, Alexa) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
89

NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Proposed Counts I, II, III filed by Defendants Michael R. Pompeo, The United States Department of State. Motion set for hearing on 2/4/2019 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Memorandum, # 2 Supplement Statement of Uncontroverted Facts and Law, # 3 Declaration, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Andrapalliyal, Vinita) (Entered: 01/07/2019)

1 Memorandum

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2 Supplement Statement of Uncontroverted Facts and Law

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3 Declaration

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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Jan. 7, 2019

Jan. 7, 2019

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90

DECLARATION of Lisa Zeidner Marcus in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Proposed Counts I, II, III 89 filed by Defendants Michael R. Pompeo, The United States Department of State. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Marcus, Lisa) (Entered: 01/07/2019)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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Jan. 7, 2019

Jan. 7, 2019

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91

PROPOSED ORDER re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Proposed Counts I, II, III 89 filed by Defendants Michael R. Pompeo, The United States Department of State. (Marcus, Lisa) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

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92

NOTICE OF ERRATA filed by Defendants Michael R. Pompeo, The United States Department of State. correcting NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Proposed Counts I, II, III 89 (Attachments: # 1 Exhibit A (Corrected Memorandum))(Andrapalliyal, Vinita) (Entered: 01/08/2019)

1 Exhibit A (Corrected Memorandum)

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Jan. 8, 2019

Jan. 8, 2019

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93

ORDER TO MODIFY SCHEDULING ORDER UNDER RULE 16(b) 78 by Judge John F. Walter. The deadline for amending the pleadings in the Court's Scheduling and Case Management Order shall be modified to permit Plaintiffs to file a First Amended Complaint for the purpose of removing their equal protection claim (Count II of the initial Complaint). (iv) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

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94

First AMENDED COMPLAINT against Defendants Michael R. Pompeo, The United States Department of State amending Complaint (Attorney Civil Case Opening), 1, filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lawson-Remer, Alexa) (Entered: 01/14/2019)

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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Jan. 14, 2019

Jan. 14, 2019

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95

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Proposed Counts I, II, III 89 filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks. (Attachments: # 1 Plaintiffs' Statement of Genuine Disputes of Material Fact in Opposition to Defendants' Motion for Partial Summary Judgment, # 2 Declaration of Alexa Lawson-Remer, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 13, # 6 Exhibit 14, # 7 Exhibit 15, # 8 Exhibit 16, # 9 Memorandum of Evidentiary Objections in Opposition to Defendants' Motion for Partial Summary Judgment, # 10 Proposed Order)(Lawson-Remer, Alexa) (Entered: 01/14/2019)

1 Plaintiffs' Statement of Genuine Disputes of Material Fact in Opposition t

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2 Declaration of Alexa Lawson-Remer

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3 Exhibit 11

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4 Exhibit 12

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5 Exhibit 13

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6 Exhibit 14

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7 Exhibit 15

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8 Exhibit 16

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9 Memorandum of Evidentiary Objections in Opposition to Defendants' Motion fo

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10 Proposed Order

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Jan. 14, 2019

Jan. 14, 2019

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96

Excerpts from the Deposition of Terri Nathine Frances Day in Support of Plaintiffs Opposition to Defendants Motion for Partial Summary Judgment filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks re: MEMORANDUM in Opposition to Motion,, 95 (Lawson-Remer, Alexa) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

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97

Excerpts from the Deposition of Paul Peek, Defendants' 30(b)(6) Designee, in Support of Plaintiffs Opposition to Defendants Motion for Partial Summary Judgment filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks re: MEMORANDUM in Opposition to Motion,, 95 (Lawson-Remer, Alexa) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER
98

Excerpts from the Deposition of Andrew Mason Dvash-Banks in Support of Plaintiffs Opposition to Defendants Motion for Partial Summary Judgment filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks re: MEMORANDUM in Opposition to Motion,, 95 (Lawson-Remer, Alexa) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

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99

Excerpts from the Deposition of Margaret Ramsay in Support of Plaintiffs Opposition to Defendants Motion for Partial Summary Judgment filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks re: MEMORANDUM in Opposition to Motion,, 95 (Lawson-Remer, Alexa) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

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100

Excerpts from the Deposition of Larilyn Reffett in Support of Plaintiffs Opposition to Defendants Motion for Partial Summary Judgment filed by Plaintiffs E. J. D.-B., Andrew Mason Dvash-Banks re: MEMORANDUM in Opposition to Motion,, 95 (Lawson-Remer, Alexa) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

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Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 22, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. citizen father and son, the latter born abroad and denied U.S. citizenship

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of State, Federal

Case Details

Causes of Action:

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

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Disparate Treatment

Family reunification

Gay/lesbian/transgender

Government Services

Juveniles

Marriage

Youth / Adult separation

Discrimination-basis:

Family discrimination

Sexual orientatation

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Family Separation

Status/Classification

U.S. citizenship - acquiring

Visas - criteria

Visas - procedures