Case: Southern Poverty Law Center v. U.S. Department of Homeland Security

1:18-cv-00760 | U.S. District Court for the District of Columbia

Filed Date: April 4, 2018

Case Ongoing

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Case Summary

COVID-19 Summary: On May 7, 2020, in this access-to-counsel suit, the plaintiffs sought a temporary restraining order in response to COVID-19, directing the defendants to remove access barriers and ameliorate dangerously punitive conditions at the detention facilities at issue, such as providing detainees with access to free and private phone calls. They claimed that the defendants had restricted access to legal visitations due to COVID-19, but failed to accommodate remote communications. The court granted in part the temporary restraining order on June 17, 2020, ordering the defendants to provide the plaintiffs adequate telephone access, ensure that phones were in proper working order, and ensure attorney-client confidentiality on all phone calls, among other things. The defendants appealed the TRO on August 14, 2020, but later withdrew the appeal.

The Southern Poverty Law Center (SPLC) brought this suit for declaratory and injunctive relief on April 4, 2018 in the United States District Court for the District of Columbia challenging the Department of Homeland Security's (DHS) alleged policy and practice of deliberately keeping detainees in immigration prisons from meaningfully accessing legal counsel. The SPLC sued DHS and U.S. Immigrations and Customs Enforcement (ICE) alleging that the defendants violated the Fifth Amendment due process rights of SPLC's clients in civil detention, as well as SPLC's First Amendment right to represent civil detainees. The case was assigned to Judge Colleen Kollar−Kotelly.

The SPLC brought suit in its individual capacity and on behalf of its clients detained in three detention facilities located in Louisiana and Georgia. The SPLC specifically argued that "[t]he totality of barriers to accessing and communicating with attorneys endured by detainees in these prisons deprives the SPLC’s clients of their constitutional rights to access courts, to access counsel, and to obtain full and fair hearings," as well as the "SPLC’s rights to represent civil detainees." The complaint asserted that noncitizens in these prisons were detained for civil and not criminal reasons, and that many had claims that would lead to release on bond or parole if they were granted removal proceedings, while many others had claims that would allow them to remain in the United States. The complaint further stated that noncitizen detainees were over 10 times more likely to win their cases, almost seven times more likely to obtain bond, and almost 20 times more likely to win their cases after release if they had legal representation during their detention.

The problem, the SPLC argued, was that these prisons were in geographically remote and isolated areas, making it "often . . . impossible to secure counsel." Even if a detainee could secure counsel, DHS prevented meaningful communication in various ways, including by restricting access to interpreters. Moreover, the prisons were so crowded that effective attorney-client meetings were often near impossible, and DHS permitted the prison operators to "enjoy virtual impunity in engaging in [unjustified] obstructive conduct." The SPLC also argued that attorneys trying to visit their clients often faced harassment, including facing verbal harassment for supporting "illegal immigration," forcing attorneys to remove their undergarments before entering the prison, and keeping them confined to locked areas of the prison for hours.

On May 4, 2018, the SPLC moved for a preliminary injunction. On July 26, 2018, the parties filed a status report indicating that they had negotiated a full resolution of the motion and that a corresponding settlement agreement would be forthcoming. The parties notified the court they had reached a settlement agreement regarding the LaSalle detention facility on September 5, 2018 and the SPLC withdrew their motion for a preliminary injunction. Per the settlement, the defendants agreed to stop limiting confidential legal calls to under two hours and stop preventing or interrupting legal in-person visits or phone calls. The defendants also agreed to provide an adequate attorney consultation room, game room, Skype room, and pre-hearing room. The settlement provided for alternative dispute resolution should any issue arise over its implementation.

On September 26, 2018, the defendants moved to sever the claims against each of the individual facilities into three separate proceedings, arguing that the claims did not arise out of the same transaction or occurrence and did not involve a common question of fact or law. Accordingly, the defendants requested that the court transfer the claims to the districts in which each of the facilities were located. The court, exercising its discretion, denied the defendants’ motion on May 10, 2019, finding that the access-to-counsel issues at all three facilities allegedly stemmed from the administration and enforcement of national standards impacting all facilities, and that severance would be inefficient. Additionally, the court found that the plaintiffs’ choice of forum was proper and the interests of justice did not warrant transfer to a different forum.

Meanwhile, on October 31, 2018, the SPLC filed an amended complaint adding a count alleging violations of the Administrative Procedure Act (APA) for ICE's failure to comply with its own agency rules. On August 28, 2019, the SPLC filed a second amended complaint, replacing several government defendants with new government defendants.

On March 18, 2020, the defendants moved for mediation, also requesting to stay discovery pending mediation. The SPLC agreed to mediate, but objected to staying discovery, arguing that the SPLC needed some of the requested information from the defendants for the mediation to be effective. The SPLC also requested that the court grant limited and expedited discovery for the purpose of mediation.

The following day, Judge Kollar-Kotelly granted the motion for mediation, referring the case to circuit court mediators for settlement proceedings from March 20, 2020 through June 1, 2020. On April 7, 2020, the court denied the defendants’ request to stay discovery pending mediation, as well as the SPLC’s request for limited discovery, stating that the limited discovery could take weeks if not months.

In early May, the parties filed a joint status report notifying the court that mediation had been put off until the discovery disputes were resolved.

On May 7, 2020, in response to the COVID-19 pandemic, the SPLC sought a temporary restraining order directing the defendants to remove access barriers and ameliorate dangerously punitive conditions at the detention facilities at issue, by taking steps such as providing detainees with access to free and private phone calls. The SPLC claimed that the defendants had restricted access to legal visitations due to COVID-19, but failed to accommodate remote communications.

In response, the defendants argued that they had implemented COVID-19 protocols necessary to reduce the risk of COVID-19, such as providing protective equipment, and had expanded hours for video teleconferencing attorney-client visits. They further asserted that the court lacked jurisdiction to grant the temporary restraining order.

The court granted in part the SPLC’s motion for a temporary restraining order on June 17, 2020. Specifically, the court ordered the defendants to provide the plaintiffs with adequate telephone access, ensure that phones were in proper working order, and ensure attorney-client confidentiality on all phone calls, among other things. 2020 WL 3265533.

On July 14, 2020, the defendants moved to partially dismiss the second amended complaint for lack of subject matter jurisdiction.

On August 7, 2020, the plaintiffs, asserting that the defendants were not in compliance with the court’s June 17 temporary restraining order, moved to enforce the order concerning the COVID-19 mitigations. The court requested an updated compliance report from the defendants on August 10, which was filed by the defendants on August 21.

Meanwhile, on August 14, the defendants appealed the temporary restraining order to the U.S. Court of Appeals for the D.C. Circuit.

On March 4, 2021, the court requested that the parties confer and submit a joint status report addressing how the pending appeal in the U.S. Court of Appeals for the D.C. Circuit impacted the parties’ four pending motions in the trial court. Two of these motions were the defendants July 14, 2020 renewed motion to partially dismiss the second amended complaint for lack of subject matter jurisdiction, and the SPLC’s August 7, 2020 motion to enforce the court’s temporary restraining order concerning the COVID-19 mitigations. The two remaining motions were discovery disputes: the SPLC’s motion to compel and the defendants’ motion for a protective order.

On March 17, 2021, the parties filed a joint motion for mediation and to stay the litigation. The court granted the motion the same day, stayed proceedings, and referred the parties to the Executive Office of the Circuit for mediation through June 2, 2021. The court set mediation to begin on March 29, 2021.

Following the granting of the joint motion for mediation, the defendants filed an unopposed motion to voluntarily dismiss their appeal, which the U.S. Court of Appeals for the D.C. Circuit granted on April 14, 2021. 2021 WL 1438297.

After the parties jointly agreed to extend the mediation deadline until August 2, 2021, the parties informed the court that their mediation did not result in a resolution.

On August 16, 2021, the parties submitted a joint status report in response to the court’s March 4, 2021 request. On August 25, 2020, the court issued a brief order addressing the pending motions. Regarding the SPLC’s motion to enforce the June 17, 2020 temporary restraining order, the court ordered the parties to meet and confer by September 3, 2021, to discuss the defendants’ compliance with the temporary restraining order. Additionally, the court ordered the SPLC to file a supplemental brief with any legal and factual updates, and permitted the defendants to respond to said brief. Regarding the defendants’ renewed motion to dismiss the second amended complaint, the court allowed the parties to submit supplemental briefing on relevant authorities. Regarding the discovery motions, the court stated that it would hold them in abeyance until it ruled on the defendants’ motion to dismiss.

On February 2, 2022, the court denied without prejudice in part and held in abeyance the SPLC’s motion to enforce the June 17, 2020 temporary restraining order. In their original motion and in their supplemental memorandum, the SPLC argued that the defendants were not in compliance with the court’s order. The SPLC requested (1) an order mandating compliance and (2) the appointment of a special master after a finding of noncompliance. The defendants, on the other hand, had argued that they were in fact in compliance. The court held that because the parties’ dispute was factual and based on patterns and practices at facilities that the SPLC did not have physical access to, the court would defer resolving the evidentiary issues and appoint a special monitor to inspect the facilities for compliance. The court further ordered the parties to meet and confer by February 16, 2022, to identify experts in civil detention that could adequately serve as a special monitor.

On April 14, 2022, the court appointed a special monitor to visit the defendants’ facilities unannounced and bring with him cameras, cell phones, writing implements, and any other materials needed to conduct inspections. The special monitor would also be tasked with reviewing the defendants’ documents and other records, as well as interviewing employees and contractors working at the defendants’ facilities. The court ordered the special monitor to submit a report of his findings to the court.

On June 2, 2022, the court finally issed ruled on the defendants' July 14, 2020 renewed motion to dismiss the second amended complaint for lack of subject matter jurisdiction. The defendants had argued that the SPLC’s Fifth Amendment claims should be dismissed because they “arise from” removal proceedings, which the court lacks jurisdiction to review pursuant to 8 U.S.C. § 1252(b)(9). The defendants also argued that the SPLC’s APA claim should be dismissed because the claim did not challenge a final agency action as required by 5 U.S.C. § 702.

The court dismissed in part and granted in part the defendants’ motion to dismiss. Specifically, the court granted the defendants’ motion in regards to the SPLC’s Fifth Amendment right-to-counsel claims that, agreeing with the defendants that the claims must be dismissed because they arose solely from removal proceedings and the court lacked subject matter jurisdiction to hear them. However, the court did not dismiss all of the SPLC’s Fifth Amendment claims. Instead, the court held that the SPLC’s Fifth Amendment 1) access-to-courts claim 2) full-and-fair-hearing claim, and 3) punitive-conditions claim survived to the extent that they did not arise from removal proceedings.

Furthermore, the court denied the defendants’ motion to dismiss in regards to the SPLC’s APA claim. The Court ruled that the APA claim survived because the defendants failed to point to a statute stripping the court of general federal question jurisdiction applicable to APA claims.

On June 6, 2022, the special monitor submitted his report to the court regarding whether the defendants’ facilities were in compliance with the June 17, 2020 temporary restraining order. The special monitor inspected three of the defendants’ facilities and evaluated them for the following criteria:

whether there was a working phone or video teleconferencing console for every ten presently detained individuals;
whether legal calls made on those telephones were direct or free;
whether DHS and/or ICE had implemented a clear process in writing for reporting and troubleshooting issues;
whether there was a designated point of contact in each facility for such troubleshooting;
what technical issues had arisen and how long it had taken to remedy the issue;
to what degree legal calls were monitored and, based on the positioning of the phones, whether facility staff could overhear a legal call;
whether clear internal and external procedures had been implemented in writing for scheduling and accessing telephone calls and virtual teleconferences;
if so, how the procedures had worked in practice in the relevant time;
what the compliance with the Center for Disease Control (CDC) Guidelines for Correctional Facilities was as to the cleaning of devices and spaces for legal calls;
whether there were procedures in writing for the exchange of confidential documents and/or obtaining signatures via electronic means;
what those procedures were and how they had worked during the relevant time; and
if there had been training for (relevant) staff regarding the procedures for scheduling remote legal visits through telephone calls and virtual teleconferencing implemented by the facilities on how to ensure attorney-client confidentiality for legal calls.

The special monitor found that all three of the inspected facilities were in compliance with the criteria set by the court. The special monitor also found that two of the facilities could enhance compliance by incorporating material spread throughout the detainee handbook into a single succinct document and by improving their system of on-call translators. In response to the special monitor’s report, Judge Kollar-Kotelly denied the SPLC’s pending motion to enforce the temporary restraining order on June 30, 2022.

On July 14, 2022, the defendants moved for reconsideration of the court’s May 10, 2019 denial of their motion to sever the claims and transfer venue. The defendants asserted that, while the court initially perceived the case as a challenge to national-level policies and standards, the course of the litigation had made clear that the SPLC’s claims instead amounted to a challenge to the conditions of confinement at the three detention facilities. They further argued that the court’s dismissal of the Fifth Amendment access-to-counsel claims for detainees in removal proceedings narrowed the proceedings such that transferring venue to a district in which one or more of the facilities was located was in the interests of justice.

On July 29, 2022, the defendants filed a partial motion for judgment on the pleadings, arguing that the plaintiffs (1) failed to state a third party access-to-courts claim; (2) failed to state a third party due process claim as to bond proceedings; (3) failed to state an APA claim; and (4) failed to state a First Amendment claim. The plaintiffs filed their response to the defendants’ partial motion for judgment on the pleadings on August 26, 2022.

As of February 3, 2023, the case was ongoing.

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Summary Authors

Virginia Weeks (4/5/2018)

Virginia Weeks (11/2/2018)

Bogyung Lim (6/7/2020)

Averyn Lee (6/28/2020)

Chandler Hart-McGonigle (11/2/2020)

Nina Gerdes (2/9/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6354631/parties/southern-poverty-law-center-v-us-department-of-homeland-security/

Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Meriweather, Robin Michelle (District of Columbia)

Attorneys(s) for Plaintiff

Agarwal, Shalini Goel (Florida)

Bergin, John Timothy (District of Columbia)

Cincone, Gia L. (California)

Crow, Melissa E. (District of Columbia)

Davidson, Jared (Louisiana)

Dorris, William E. (Georgia)

Fisher, Jeffrey (Georgia)

Gaffney, Conor S (Louisiana)

Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Meriweather, Robin Michelle (District of Columbia)

Attorneys(s) for Plaintiff

Agarwal, Shalini Goel (Florida)

Bergin, John Timothy (District of Columbia)

Cincone, Gia L. (California)

Crow, Melissa E. (District of Columbia)

Davidson, Jared (Louisiana)

Dorris, William E. (Georgia)

Fisher, Jeffrey (Georgia)

Gaffney, Conor S (Louisiana)

Graybill, Lisa S. (Louisiana)

Henel, Christian F. (District of Columbia)

Johnson, Jamila A. (Louisiana)

Lyons, Natalie (Georgia)

Pangborn, Susan W (Georgia)

Rivera, Laura G. (Georgia)

Sheehy, Maureen A. (California)

Attorneys(s) for Defendant

Burch, Alan (District of Columbia)

Byerley, David J (District of Columbia)

Davila, Yamileth G. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Liu, Jessie K. (District of Columbia)

Lyerla, Christopher Thomas (District of Columbia)

Mueller, Ruth Ann (District of Columbia)

Peachey, William Charles (District of Columbia)

Schaefer, Daniel Patrick (District of Columbia)

Van Horn, Daniel F (District of Columbia)

Walker, James Joseph (District of Columbia)

Wall, Sheetul Sheth (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:18-cv-00760	Docket [PACER]	Jan. 4, 2021	Jan. 4, 2021 Docket
1 1:18-cv-00760	Complaint Southern Poverty Law Center v. Department of Homeland Security	April 4, 2018	April 4, 2018 Complaint
42 1:18-cv-00760	Settlement Agreement on Plaintiffs's Motion for Preliminary Injunction Regarding the Lasalle ICE Processing Center	Sept. 5, 2018	Sept. 5, 2018 Settlement Agreement
57 1:18-cv-00760	First Amended Complaint Southern Poverty Law Center v. United States Department of Homeland Security	Oct. 31, 2018	Oct. 31, 2018 Complaint
70 1:18-cv-00760	Second Amended Complaint	Aug. 28, 2019	Aug. 28, 2019 Complaint
105 (& 105-1 to 105-11) 1:18-cv-00760	Plaintiff's Motion for a Temporary Restraining Order	May 7, 2020	May 7, 2020 Pleading / Motion / Brief
112 (& 112-1 to 112-21) 1:18-cv-00760	Defendants' Corrected Opposition to Plaintiff's Motion for Temporary Restraining Order	May 17, 2020	May 17, 2020 Pleading / Motion / Brief
113, 113-1 1:18-cv-00760	Plaintiff's Reply in Support of Motion for Temporary Restraining Order	May 18, 2020	May 18, 2020 Pleading / Motion / Brief
123 1:18-cv-00760	Order	June 17, 2020	June 17, 2020 Order/Opinion
124 1:18-cv-00760	Memorandum Opinion	June 17, 2020	June 17, 2020 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Southern Poverty Law Center v. U.S. Department of Homeland Security, et al. Southern Poverty Law Center	After the U.S. Department of Homeland Security (DHS) violated the Constitution by blocking immigrants in isolated civil immigration prisons from accessing lawyers, the SPLC filed a first-of-its-kind …	May 7, 2020	May 7, 2020 https://www.splcenter.org/...
Legal Notices		April 8, 2022	April 8, 2022 https://www.ice.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6354631/southern-poverty-law-center-v-us-department-of-homeland-security/

Last updated June 2, 2023, 3:17 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5403950) filed by SOUTHERN POVERTY LAW CENTER. (Attachments: # 1 Civil Cover Sheet SPLC Civil Cover Sheet, # 2 Summons US Attorney General Summons, # 3 Summons US Attorney DC Summons, # 4 Summons DHS Summons, # 5 Summons ICE Summons, # 6 Summons Albence Summons, # 7 Summons Asher Summons, # 8 Summons Gallagher Summons, # 9 Summons Homan Summons, # 10 Summons Johnson Summons, # 11 Summons Nielsen Summons, # 12 Summons Rivera Summons, # 13 Summons Tickler-McNulty Summons)(Henel, Christian) (Entered: 04/04/2018) 1 Civil Cover Sheet SPLC Civil Cover Sheet View on PACER 2 Summons US Attorney General Summons View on PACER 3 Summons US Attorney DC Summons View on PACER 4 Summons DHS Summons View on PACER 5 Summons ICE Summons View on PACER 6 Summons Albence Summons View on PACER 7 Summons Asher Summons View on PACER 8 Summons Gallagher Summons View on PACER 9 Summons Homan Summons View on PACER 10 Summons Johnson Summons View on PACER 11 Summons Nielsen Summons View on PACER 12 Summons Rivera Summons View on PACER 13 Summons Tickler-McNulty Summons View on PACER	April 4, 2018	April 4, 2018 Clearinghouse
2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SOUTHERN POVERTY LAW CENTER (Henel, Christian) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
3	NOTICE of Appearance by John Timothy Bergin on behalf of SOUTHERN POVERTY LAW CENTER (Bergin, John) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
4	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey Fisher, :Firm- Kilpatrick Townsend & Stockton LLP, :Address- 1100 Peachtree Street, NE, Suite 2800, Atlanta, GA 30309. Phone No. - (404) 685-6772. Fax No. - (404) 541-4685 Filing fee $ 100, receipt number 0090-5404424. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration of Jeffrey Fisher, # 2 Text of Proposed Order Proposed Order)(Henel, Christian) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
5	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jamila A. Johnson, :Firm- Southern Poverty Law Center, :Address- 201 St. Charles Ave., Suite 2000, New Orleans, LA 70170. Phone No. - (504) 486-8982. Filing fee $ 100, receipt number 0090-5404518. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration of Jamila A. Johnson, # 2 Text of Proposed Order Proposed Order)(Henel, Christian) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Natalie Lyons, :Firm- Southern Poverty Law Center, :Address- 150 E. Ponce de Leon Ave., Ste. 340, Decatur, GA 30030. Phone No. - (404) 521-6700. Filing fee $ 100, receipt number 0090-5404548. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration of Natalie Lyons, # 2 Text of Proposed Order Proposed Order)(Henel, Christian) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
7	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Maureen A. Sheehy, :Firm- Kilpatrick Townsend & Stockton LLP, :Address- Two Embarcadero Center, Suite 1900, San Francisco, CA 94111. Phone No. - (415) 273-7571. Filing fee $ 100, receipt number 0090-5404614. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration of Maureen Sheehy, # 2 Text of Proposed Order Proposed Order)(Henel, Christian) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
8	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William E. Dorris, :Firm- Kilpatrick Townsend & Stockton LLP, :Address- 1100 Peachtree Street NE, Suite 2800, Atlanta, GA 30309. Phone No. - (404) 815-6104. Filing fee $ 100, receipt number 0090-5404663. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration of William Dorris, # 2 Text of Proposed Order Proposed Order)(Henel, Christian) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
9	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gia L. Cincone, :Firm- Kilpatrick Townsend & Stockton LLP, :Address- Two Embarcadero Center, Suite 1900, San Francisco, CA 94111. Phone No. - (415) 273-7546. Filing fee $ 100, receipt number 0090-5404823. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration of Gia Cincone, # 2 Text of Proposed Order Proposed Order)(Henel, Christian) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Susan W. Pangborn, :Firm- Kilpatrick Townsend & Stockton LLP, :Address- 1100 Peachtree Street NE, Suite 2800, Atlanta, GA 30309. Phone No. - (404) 815-6305. Filing fee $ 100, receipt number 0090-5404852. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration of Susan Pangborn, # 2 Text of Proposed Order Proposed Order)(Henel, Christian) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
11	NOTICE of Appearance by Melissa E. Crow on behalf of SOUTHERN POVERTY LAW CENTER (Crow, Melissa) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
12	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared F. Davidson, :Firm- Southern Poverty Law Center, :Address- 201 St. Charles Avenue, Suite 200, New Orleans, LA 70170. Phone No. - (504) 486-8982. Filing fee $ 100, receipt number 0090-5404989. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration of Jared Davidson, # 2 Text of Proposed Order Proposed Order)(Henel, Christian) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
13	NOTICE of Appearance by Christian F. Henel on behalf of SOUTHERN POVERTY LAW CENTER (Henel, Christian) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
14	SUMMONS (12) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 04/04/2018) 1 Notice and Consent View on PACER	April 4, 2018	April 4, 2018 PACER
	Case Assigned to Judge Colleen Kollar-Kotelly. (zsb)	April 4, 2018	April 4, 2018 PACER
15	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lisa S. Graybill, :Firm- Southern Poverty Law Center, :Address- 201 St. Charles Avenue, Suite 200, New Orleans, LA 70170. Phone No. - (504) 486-8982. Filing fee $ 100, receipt number 0090-5408211. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration of Lisa Graybill, # 2 Text of Proposed Order Proposed Order)(Henel, Christian) (Entered: 04/06/2018)	April 6, 2018	April 6, 2018 PACER
	MINUTE ORDER: The Court has received Plaintiff Southern Poverty Law Center's Motions for Admission of Attorney Pro Hac Vice with respect to the following individuals: 4 Jeffrey Fisher, 5 Jamila A. Johnson, 6 Natalie Lyons, 7 Maureen A. Sheehy, 8 William E. Dorris, 9 Gia L. Cincone, 10 Susan W. Pangborn, 12 Jared F. Davidson, and 15 Lisa S. Graybill. Those motions are GRANTED CONTINGENT upon submission by each of the aforementioned attorneys of a declaration by APRIL 17, 2018, stating that he or she has reviewed and is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on April 10, 2018. (lcckk1)	April 10, 2018	April 10, 2018 PACER
16	AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice,,,,,,,,,,,,,,,,,,,,,,,,,, Declaration of Jeffrey Fisher In Further Support of Motion for Admission Pro Hac Vice by SOUTHERN POVERTY LAW CENTER. (Henel, Christian) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 RECAP
17	AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice,,,,,,,,,,,,,,,,,,,,,,,,,, Declaration of Maureen A. Sheehy In Further Support of Motion for Admission Pro Hac Vice by SOUTHERN POVERTY LAW CENTER. (Henel, Christian) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
18	AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice,,,,,,,,,,,,,,,,,,,,,,,,,, Declaration of Natalie Lyons In Further Support of Motion for Admission Pro Hac Vice by SOUTHERN POVERTY LAW CENTER. (Henel, Christian) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
19	AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice,,,,,,,,,,,,,,,,,,,,,,,,,, Declaration of Jamila A. Johnson In Further Support of Motion for Admission Pro Hac Vice by SOUTHERN POVERTY LAW CENTER. (Henel, Christian) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
20	AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice,,,,,,,,,,,,,,,,,,,,,,,,,, Declaration of Jared F. Davidson In Further Support of Motion for Admission Pro Hac Vice by SOUTHERN POVERTY LAW CENTER. (Henel, Christian) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
21	AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice,,,,,,,,,,,,,,,,,,,,,,,,,, Declaration of Lisa Graybill In Further Support of Motion for Admission Pro Hac Vice by SOUTHERN POVERTY LAW CENTER. (Henel, Christian) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
22	AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice,,,,,,,,,,,,,,,,,,,,,,,,,, Declaration of William E. Dorris In Further Support of Motion for Admission Pro Hac Vice by SOUTHERN POVERTY LAW CENTER. (Henel, Christian) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
23	AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice,,,,,,,,,,,,,,,,,,,,,,,,,, Declaration of Gia L. Cincone In Further Support of Motion for Admission Pro Hac Vice by SOUTHERN POVERTY LAW CENTER. (Henel, Christian) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
24	AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice,,,,,,,,,,,,,,,,,,,,,,,,,, Declaration of Susan W. Pangborn In Further Support of Motion for Admission Pro Hac Vice by SOUTHERN POVERTY LAW CENTER. (Henel, Christian) (Entered: 04/13/2018)	April 13, 2018	April 13, 2018 PACER
25	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 04/16/2018. (DM) (Entered: 04/16/2018)	April 16, 2018	April 16, 2018 PACER
26	ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/9/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 6/8/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/09/2018. (Henel, Christian) Modified on 4/20/2018 (td). (Entered: 04/19/2018)	April 19, 2018	April 19, 2018 PACER
27	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TAE JOHNSON served on 4/9/2018 (Henel, Christian) (Entered: 04/19/2018)	April 19, 2018	April 19, 2018 PACER
28	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW T. ALBENCE served on 4/9/2018 (Henel, Christian) (Entered: 04/19/2018)	April 19, 2018	April 19, 2018 PACER
29	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATHALIE ASHER served on 4/9/2018 (Henel, Christian) (Entered: 04/19/2018)	April 19, 2018	April 19, 2018 PACER
30	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/9/18. (td) (Entered: 04/20/2018)	April 19, 2018	April 19, 2018 PACER
	NOTICE OF CORRECTED DOCKET ENTRY: re 26 Summons Returned Executed as to US Attorney,, Summons Returned Executed as to U.S. Attorney General, was entered in error and said pleading refiled using the correct event for U.S.Attorney General. (td)	April 20, 2018	April 20, 2018 PACER
	NOTICE OF ERROR re 26 Summons Returned Executed as to US Attorney; emailed to chenel@kilpatricktownsend.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please file document(s) for service upon the U.S. Attorney. (ztd, )	April 20, 2018	April 20, 2018 PACER
31	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/9/2018. Answer due for ALL FEDERAL DEFENDANTS by 6/8/2018. (Henel, Christian) (Entered: 04/23/2018)	April 23, 2018	April 23, 2018 PACER
32	WITHDRAWN PURSUANT TO NOTICE FILED 9/5/2018..... MOTION for Preliminary Injunction by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Memorandum in Support Plaintiff's Memorandum ISO Motion for Preliminary Injunction, # 2 Text of Proposed Order Proposed Order, # 3 Declaration Declaration of Melissa Crow, # 4 Declaration Declaration of Michael Berg, # 5 Declaration Declaration of Abigail Moyer, # 6 Declaration Declaration of Ajani Husbands, # 7 Declaration Declaration of Daniel Werner, # 8 Declaration Declaration of David Washington, # 9 Declaration Declaration of Debbie Cruz, # 10 Declaration Declaration of Emanuel Frydland, # 11 Declaration Declaration of Ira Kurzban, # 12 Declaration Declaration of Jenna Finkle, # 13 Declaration Declaration of Jeremy Jong, # 14 Declaration Declaration of Jhon Sanchez, # 15 Declaration Declaration of Luis Bautista Martinez, # 16 Declaration Declaration of Marlon Torres, # 17 Declaration Declaration of Melissa Fridlin Murrell, # 18 Declaration Declaration of Meredith Soniat du Fossat, # 19 Declaration Declaration of Tomas Sanchez, # 20 Certificate of Service Certificate of Service)(Henel, Christian) Modified on 9/7/2018 (ztd). (Entered: 05/04/2018) 1 Memorandum in Support Plaintiff's Memorandum ISO Motion for Preliminary Inj View on RECAP 2 Text of Proposed Order Proposed Order View on PACER 3 Declaration Declaration of Melissa Crow View on PACER 4 Declaration Declaration of Michael Berg View on PACER 5 Declaration Declaration of Abigail Moyer View on PACER 6 Declaration Declaration of Ajani Husbands View on PACER 7 Declaration Declaration of Daniel Werner View on PACER 8 Declaration Declaration of David Washington View on PACER 9 Declaration Declaration of Debbie Cruz View on PACER 10 Declaration Declaration of Emanuel Frydland View on PACER 11 Declaration Declaration of Ira Kurzban View on PACER 12 Declaration Declaration of Jenna Finkle View on PACER 13 Declaration Declaration of Jeremy Jong View on PACER 14 Declaration Declaration of Jhon Sanchez View on PACER 15 Declaration Declaration of Luis Bautista Martinez View on PACER 16 Declaration Declaration of Marlon Torres View on PACER 17 Declaration Declaration of Melissa Fridlin Murrell View on PACER 18 Declaration Declaration of Meredith Soniat du Fossat View on PACER 19 Declaration Declaration of Tomas Sanchez View on PACER 20 Certificate of Service Certificate of Service View on PACER	May 4, 2018	May 4, 2018 PACER
33	CERTIFICATE OF SERVICE by SOUTHERN POVERTY LAW CENTER re 32 MOTION for Preliminary Injunction (Amended Certificate of Service). (Henel, Christian) (Entered: 05/04/2018)	May 4, 2018	May 4, 2018 PACER
	MINUTE ORDER: The Court has received Plaintiff's 32 Motion for a Preliminary Injunction. The Court has arranged a teleconference on the record with the parties on MAY 7, 2018, at 3:00 PM, to discuss a briefing schedule. The Court asks the parties to call Chambers, preferably on the same telephone line. By MAY 7, 2018, at 1:00 PM, the parties shall each file a notice with the Court identifying which of their respective counsel shall participate in the teleconference. Signed by Judge Colleen Kollar-Kotelly on May 4, 2018. (lcckk1)	May 4, 2018	May 4, 2018 PACER
	Set/Reset Hearings: Telephone Conference on the record set for 5/7/2018 at 3:00 PM in Chambers before Judge Colleen Kollar-Kotelly. (dot)	May 4, 2018	May 4, 2018 PACER
34	NOTICE of Appearance by Daniel Patrick Schaefer on behalf of All Defendants (Schaefer, Daniel) (Entered: 05/07/2018)	May 7, 2018	May 7, 2018 RECAP
	Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference held on 5/7/2018. Further Telephone Conference set for 5/9/2018 at 1:00 PM in Chambers before Judge Colleen Kollar-Kotelly. (Court Reporter Lisa Edwards.) (dot)	May 7, 2018	May 7, 2018 PACER
	MINUTE ORDER: The Court held a teleconference on the record with the parties on May 7, 2018, regarding Plaintiff's 32 Motion for a Preliminary Injunction. Certain of Plaintiff's detainee clients held in the detention center at issue in this motion have rapidly approaching asylum or immigration hearings. The parties agreed to negotiate regarding a solution for a specific one or more of those detainee clients and potentially a solution to the broader preliminary injunction motion. With the consent of the parties, the Court has scheduled a further teleconference on the record for MAY 9, 2018, at 1:00 PM. If the parties have not negotiated a solution in full to Plaintiff's 32 Motion for a Preliminary Injunction, then they should submit a Joint Status Report by MAY 9, 2018, at 10:00 AM, proposing a briefing schedule for such portion of the 32 Motion as remains to be decided. Signed by Judge Colleen Kollar-Kotelly on May 7, 2018. (lcckk1)	May 7, 2018	May 7, 2018 PACER
35	Joint STATUS REPORT by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Schaefer, Daniel) (Entered: 05/09/2018)	May 9, 2018	May 9, 2018 PACER
	Set/Reset Deadlines: Motion for a Preliminary Injunction due by 5/25/2018. Plaintiff's Reply due by 6/1/2018. (dot)	May 9, 2018	May 9, 2018 PACER
	Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 5/9/2018. (Court Reporter Lisa Edwards.) (dot)	May 9, 2018	May 9, 2018 PACER
	MINUTE ORDER: The Court held a further teleconference on the record with the parties on May 9, 2018, regarding the parties' efforts to negotiate a solution to Plaintiff's 32 Motion for a Preliminary Injunction. The parties have reached an agreement as to protocol governing Plaintiff's Nigerian client with a May 17, 2018, asylum hearing. They are still discussing a protocol to govern Plaintiff's other clients held in the detention center at issue. The parties shall notify the Court with a Joint Status Report if and when they reach agreement as to these other clients.If they have not already reached agreement, Defendants shall file their response to Plaintiff's 32 Motion for a Preliminary Injunction by MAY 25, 2018, and Plaintiff shall file a reply by JUNE 1, 2018. Signed by Judge Colleen Kollar-Kotelly on May 10, 2018. (lcckk1)	May 10, 2018	May 10, 2018 PACER
36	TRANSCRIPT OF PROCEEDINGS before Judge Colleen Kollar-Kotelly held on May 9, 2018; Page Numbers: 1-21. Date of Issuance: May 16, 2018. Court Reporter/Transcriber Lisa Edwards, Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter refe renced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/6/2018. Redacted Transcript Deadline set for 6/16/2018. Release of Transcript Restriction set for 8/14/2018.(Edwards, Lisa) (Entered: 05/16/2018)	May 16, 2018	May 16, 2018 PACER
37	Joint MOTION for Mediation Referral, Joint MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Preliminary Injunction by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 05/24/2018)	May 24, 2018	May 24, 2018 PACER
38	ORDER REFERRING certain issues raised by Plaintiff's 32 Motion for a Preliminary Injunction and specifically identified in the parties' 37 motion to Chief Circuit Mediator Carolyn Lerner for mediation to commence on JUNE 6, 2018, and to conclude no later than JULY 13, 2018. See Order for details. Signed by Judge Colleen Kollar-Kotelly on May 30, 2018. (lcckk1) (Entered: 05/30/2018)	May 30, 2018	May 30, 2018 PACER
	MINUTE ORDER: The Court has received the parties' 37 Joint Motion to Refer the Case to Mediation and for Enlargement of the Briefing Schedule. The parties indicate that they have made "substantial progress" in negotiating a solution to Plaintiff's 32 Motion for a Preliminary Injunction pending resolution of Plaintiff's claims on the merits. The parties nevertheless seek referral to Chief Circuit Mediator Carolyn Lerner for assistance in resolving two issues, namely 1) Plaintiff's request for additional attorney-client meeting space in the facility at issue, and 2) Plaintiff's request for accommodations to facilitate remote interpretation services during in-person attorney-client meetings in the facility at issue. The parties seek to postpone briefing of Plaintiff's 32 Motion for a Preliminary Injunction until after completion of this mediation.For good cause shown, the Court shall GRANT-IN-PART and DENY-IN-PART the parties' 37 Joint Motion. The Court shall issue a separate order referring the resolution of the above-described two issues to mediation as the parties have requested. The parties had proposed extending the deadlines for Defendants' opposition and Plaintiff's reply. The Court is of the view that establishing extended deadlines for further pleadings as to Plaintiff's 32 Motion for a Preliminary Injunction is premature based on the potential for mediation to resolve that motion. Accordingly, the Court shall HOLD IN ABEYANCE Plaintiff's 32 Motion for a Preliminary Injunction pending resolution of mediation. The parties shall file a Joint Status Report by no later than JULY 18, 2018, indicating the results of mediation and proposing a schedule for further proceedings in this matter.In light of mediation that may substantially affect proceedings in this case, the Court shall sua sponte STAY Defendants' obligation to answer or otherwise respond to Plaintiff's 1 Complaint until further order of the Court.Signed by Judge Colleen Kollar-Kotelly on May 30, 2018. (lcckk1)	May 30, 2018	May 30, 2018 PACER
	Set/Reset Deadlines: Mediation to commence on 6/6/2018, and to conclude by 7/13/2018 before Chief Circuit Mediator Carolyn Lerner. (dot)	May 30, 2018	May 30, 2018 PACER
	Set/Reset Deadlines: Joint Status Report due by 7/18/2018. (dot)	May 30, 2018	May 30, 2018 PACER
39	Joint MOTION for Extension of Time to File Joint Status Report by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/18/2018)	July 18, 2018	July 18, 2018 PACER
	Set/Reset Deadlines: Joint Status Report due by 7/26/2018. (dot)	July 18, 2018	July 18, 2018 PACER
	MINUTE ORDER: The Court has received the parties' 39 Joint Motion Requesting Extension of Time to File Joint Status Report. The parties indicate that they have been working with the mediators and are close to achieving a final resolution of Plaintiff's 32 Motion for a Preliminary Injunction. They seek additional time to submit their Joint Status Report currently due July 18, 2018, in order to achieve such resolution beforehand. Accordingly, notwithstanding the tardiness of this motion pursuant to Paragraph 7 of the Court's 25 Order Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly, the Court shall GRANT the parties' 39 Joint Motion, for good cause shown. The parties shall submit a Joint Status Report by JULY 26, 2018, indicating the results of mediation and proposing a schedule for any further proceedings in this matter. In order to facilitate continued work with the mediator, the Court shall continue the referral of this case to the Chief Circuit Mediator pursuant to the Court's 38 Order until JULY 26, 2018. Signed by Judge Colleen Kollar-Kotelly on July 18, 2018. (lcckk1)	July 18, 2018	July 18, 2018 PACER
40	Joint STATUS REPORT by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit 1 - Term Sheet, # 2 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/26/2018) 1 Exhibit 1 - Term Sheet View on PACER 2 Text of Proposed Order View on PACER	July 26, 2018	July 26, 2018 RECAP
	MINUTE ORDER: The Court has received the parties' 40 Joint Status Report, which indicates that "[t]he parties successfully negotiated a full resolution of Plaintiff's Motion for Preliminary Injunction in accordance with the terms on the attached Term Sheet." As they have proposed, the parties are directed to file their final Settlement Agreement resolving Plaintiff's 32 Motion on or before AUGUST 27, 2018. They have represented that Plaintiff will withdraw its 32 Motion on the same day that the parties file their final Settlement Agreement. The parties shall also file by AUGUST 27, 2018, a further Joint Status Report indicating the results of their discussion as to whether to extend mediation to the merits of claims against the LaSalle facility and to the claims against the Irwin and Stewart facilities. This Joint Status Report shall also propose a schedule for any further proceedings in this matter. In order to facilitate continued work with the mediator, the Court shall continue the referral of this case to the Chief Circuit Mediator pursuant to the Court's 38 Order until AUGUST 30, 2018. Signed by Judge Colleen Kollar-Kotelly on July 26, 2018. (lcckk1)	July 26, 2018	July 26, 2018 PACER
41	Unopposed MOTION for Extension of Time to File Settlement Agreement by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 08/23/2018)	Aug. 23, 2018	Aug. 23, 2018 PACER
	MINUTE ORDER: The Court has received Defendants' 41 Unopposed Motion for Extension of Time to File Final Settlement Agreement. Plaintiff indicates that it does not oppose this motion provided that no other dates in the parties' Term Sheet are changed. Defendants have accepted these conditions. For good cause shown, notwithstanding the acknowledged tardiness of the motion, and contingent on no other dates in the parties' Term Sheet being changed, the Court shall GRANT Defendants' 41 Unopposed Motion. The parties are directed to file their final Settlement Agreement resolving Plaintiff's 32 Motion for a Preliminary Injunction on or before SEPTEMBER 5, 2018. Although Defendants do not seek an extension of the deadline for the next Joint Status Report, the Court finds that it would be more efficient to align the submission of that Joint Status Report with the conclusion of settlement as to the preliminary injunction. Accordingly, the Court shall sua sponte continue the deadline for filing of the parties' further Joint Status Report until SEPTEMBER 5, 2018. As set forth in the Court's Minute Order of July 26, 2018, this Joint Status Report shall indicate the results of the parties' discussion as to whether to extend mediation to the merits of claims against the LaSalle facility and to the claims against the Irwin and Stewart facilities. This Joint Status Report shall also propose a schedule for any further proceedings in this matter. Signed by Judge Colleen Kollar-Kotelly on August 24, 2018. (lcckk1)	Aug. 24, 2018	Aug. 24, 2018 PACER
	Set/Reset Deadlines: Parties final settlement agreement due by 9/5/2018. Joint Status Report due by 9/5/2018. (dot)	Aug. 24, 2018	Aug. 24, 2018 PACER
42	NOTICE of Settlement - Settlement Agreement on Plaintiff's Motion for Preliminary Injunction Regarding the LaSalle Processing Center by All Defendants (Schaefer, Daniel) (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 Clearinghouse
43	Joint STATUS REPORT by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Schaefer, Daniel) (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 PACER
44	NOTICE OF WITHDRAWAL OF MOTION by SOUTHERN POVERTY LAW CENTER re 32 MOTION for Preliminary Injunction (Bergin, John) (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 PACER
45	NOTICE of Change of Address by John Timothy Bergin (Bergin, John) (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 PACER
46	NOTICE OF WITHDRAWAL OF APPEARANCE as to SOUTHERN POVERTY LAW CENTER. Attorney Maureen A. Sheehy terminated. (Bergin, John) (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 PACER
	Set/Reset Deadlines: Defendants' Motions to sever and transfer due by 9/26/2018. Responses due by 10/10/2018. Replies due by 10/17/2018. (dot)	Sept. 13, 2018	Sept. 13, 2018 PACER
	MINUTE ORDER: The Court has received the parties' 42 Settlement Agreement on Plaintiff's Motion for Preliminary Injunction Regarding the LaSalle ICE Processing Center, as well as their 43 Joint Status Report. The Court also observes that Plaintiff withdrew its 32 Motion for a Preliminary Injunction by operation of its 44 Notice of Withdrawal.In their 43 Joint Status Report, the parties disagree as to the appropriate briefing schedule for several potential motions concerning the remainder of this case, which consists of 1) the merits of claims against the LaSalle ICE Processing Center, and 2) the claims against the Irwin and Stewart detention facilities. Notwithstanding Plaintiff's request to lift the stay on Defendant's obligation to answer or otherwise respond to the 1 Complaint, in the interest of judicial economy the Court shall first entertain briefing of and decide Defendant's proposed motions to transfer and to sever. See Min. Order of May 30, 2018 (staying Defendants' obligation to respond). If, upon resolution of those motions, this matter remains pending in this Court, then the Court shall set a briefing schedule for any dispositive motion that Defendants may then request to file.The Court shall adopt the briefing schedule proposed by Defendants. Defendants shall file their motions to transfer and to sever by SEPTEMBER 26, 2018. Plaintiff's responses shall be due by OCTOBER 10, 2018. Defendants' replies, if any, shall be due by OCTOBER 17, 2018.Signed by Judge Colleen Kollar-Kotelly on September 13, 2018. (lcckk1)	Sept. 13, 2018	Sept. 13, 2018 PACER
47	MOTION to Transfer Case, MOTION to Sever by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Text of Proposed Order)(Schaefer, Daniel) (Entered: 09/26/2018)	Sept. 26, 2018	Sept. 26, 2018 PACER
48	ENTERED IN ERROR. . . . .AMENDED COMPLAINT FIRST against MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO filed by SOUTHERN POVERTY LAW CENTER.(Bergin, John) Modified on 10/11/2018 (ztd). (Entered: 10/10/2018)	Oct. 10, 2018	Oct. 10, 2018 PACER
49	WITHDRAWN IN PART PURSUANT TO MINUTE ORDER FILED 10/31/2018.....MOTION for Leave to File to Amend Complaint and to Deny Defendants' Motion to Sever and Transfer Venue as Moot by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Memorandum in Support Memo ISO Motion to Amend, # 2 Appendix First Amended Complaint, # 3 Text of Proposed Order Proposed Order)(Bergin, John) Modified on 11/2/2018 (ztd). Modified on (Entered: 10/10/2018)	Oct. 10, 2018	Oct. 10, 2018 PACER
50	RESPONSE re 47 MOTION to Transfer Case MOTION to Sever filed by SOUTHERN POVERTY LAW CENTER. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Bergin, John) (Entered: 10/10/2018)	Oct. 10, 2018	Oct. 10, 2018 PACER
	NOTICE OF CORRECTED DOCKET ENTRY: re 48 Amended Complaint, was entered in error and counsel has refiled said pleading at docket entry 49 . (ztd)	Oct. 10, 2018	Oct. 10, 2018 PACER
51	MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Transfer Case MOTION to Sever by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/11/2018)	Oct. 11, 2018	Oct. 11, 2018 PACER
52	NOTICE of Supplemental Local Civil Rule 7(m) Statement by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO re 51 MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Transfer Case MOTION to Sever (Schaefer, Daniel) (Entered: 10/12/2018)	Oct. 12, 2018	Oct. 12, 2018 PACER
	MINUTE ORDER: The Court has received Defendants' 51 Motion for Extension of Time and Defendants' 52 Notice of Supplemental Local Civil Rule 7(m) Statement. Defendants seek an extension of the deadline for their reply in support of their 47 Motion to Sever and to Transfer Venue. Defendants ask to align that extension with the deadline for their response to Plaintiff's 49 Motion for Leave to File Amended Complaint and to Deny Defendants' Motion to Sever and Transfer Venue as Moot. With Plaintiff's consent, the Court shall GRANT Defendants' 51 Motion for Extension of Time, for good cause shown. By OCTOBER 24, 2018, Defendants shall file both their reply in support of their 47 Motion to Sever and to Transfer Venue, and their response to Plaintiff's 49 Motion for Leave to File Amended Complaint and to Deny Defendants' Motion to Sever and Transfer Venue as Moot. By OCTOBER 31, 2018, Plaintiff shall file its reply, if any, in support of its 49 Motion for Leave to File Amended Complaint and to Deny Defendants' Motion to Sever and Transfer Venue as Moot. Signed by Judge Colleen Kollar-Kotelly on October 12, 2018. (lcckk1)	Oct. 12, 2018	Oct. 12, 2018 PACER
	Set/Reset Deadlines: Defendants' Response to 49 due by 10/24/2018. Defendants' Reply to 47 due by 10/24/2018. Plaintiff's Reply to 49 due by 10/31/2018. (dot)	Oct. 12, 2018	Oct. 12, 2018 PACER
53	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elissa Johnson, :Firm- Southern Poverty Law Center, :Address- 111 E. Capitol Street Ste. 280, Jackson, MS 39201. Phone No. - 601-948-8882. Filing fee $ 100, receipt number 0090-5752068. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration ISO Motion for PHV, # 2 Text of Proposed Order Proposed Order)(Bergin, John) (Entered: 10/22/2018)	Oct. 22, 2018	Oct. 22, 2018 PACER
54	REPLY to opposition to motion re 47 MOTION to Transfer Case MOTION to Sever filed by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO. (Schaefer, Daniel) (Entered: 10/24/2018)	Oct. 24, 2018	Oct. 24, 2018 PACER
55	RESPONSE re 49 MOTION for Leave to File to Amend Complaint and to Deny Defendants' Motion to Sever and Transfer Venue as Moot filed by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO. (Schaefer, Daniel) (Entered: 10/24/2018)	Oct. 24, 2018	Oct. 24, 2018 PACER
	MINUTE ORDER: The Court has received Plaintiff's 53 Motion for Admission of Attorney Elissa Johnson Pro Hac Vice. That motion is GRANTED. The Court assumes that with the admission of this attorney, Plaintiff will be adequately represented in this matter. Signed by Judge Colleen Kollar-Kotelly on October 25, 2018. (lcckk1)	Oct. 25, 2018	Oct. 25, 2018 PACER
56	Joint MOTION to Amend/Correct 1 Complaint by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Text of Proposed Order Proposed Order)(Bergin, John). Added MOTION to Withdraw, MOTION for Leave to File on 10/29/2018 (ztd). Modified event title on 10/30/2018 (znmw). (Entered: 10/26/2018)	Oct. 26, 2018	Oct. 26, 2018 PACER
57	AMENDED COMPLAINT against MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, DAVID JENNINGS, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO filed by SOUTHERN POVERTY LAW CENTER.(ztd) (Entered: 11/02/2018)	Oct. 31, 2018	Oct. 31, 2018 Clearinghouse
	MINUTE ORDER: The Court has received the parties' 56 Joint Motion, in which the parties agree to the entry of Plaintiff's [49-2] First Amended Complaint, to the withdrawal of Plaintiff's Motion to Deny Defendants' Motion to Sever and Transfer Venue as Moot, see ECF No. 49, and to Plaintiff's request for the Court's leave to file a sur-reply by October 31, 2018, to Defendants' Reply to Defendants' Motion to Sever and Transfer Venue, see ECF No. 54 . In light of the parties' consent, the Court shall GRANT the 56 Joint Motion.The Clerk of Court shall file the [49-2] First Amended Complaint on the docket as of this date. Plaintiff's Motion to Deny Defendants' Motion to Sever and Transfer Venue as Moot, embedded within Plaintiff's 49 filing, shall be WITHDRAWN. The Court shall permit Plaintiff to file a sur-reply to Defendants' Reply to Defendants' Motion to Sever and Transfer Venue by no later than NOVEMBER 2, 2018. Signed by Judge Colleen Kollar-Kotelly on October 31, 2018. (lcckk1)	Oct. 31, 2018	Oct. 31, 2018 PACER
	Set/Reset Deadlines: Plaintiff's Sur-Reply 47 due by 11/2/2018. (dot)	Oct. 31, 2018	Oct. 31, 2018 PACER
58	SURREPLY to re 47 MOTION to Transfer Case MOTION to Sever filed by SOUTHERN POVERTY LAW CENTER. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Bergin, John) (Entered: 11/02/2018)	Nov. 2, 2018	Nov. 2, 2018 PACER
59	NOTICE of Change of Address by Melissa Crow. (Bergin, John) Modified attorney name on 3/13/2019 (znmw). (Entered: 03/12/2019)	March 12, 2019	March 12, 2019 PACER
60	NOTICE OF WITHDRAWAL OF APPEARANCE as to SOUTHERN POVERTY LAW CENTER. Attorney Natalie Lyons terminated. (Bergin, John) (Entered: 04/04/2019)	April 4, 2019	April 4, 2019 PACER
61	ORDER. Defendants' 47 Motion to Sever and Transfer Venue is DENIED. By no later than MAY 24, 2019, the parties shall submit a Joint Status Report proposing a schedule for further proceedings in this matter, including Defendants' answer or other response, and/or such other proceedings as they see fit to occur. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on May 10, 2019. (lcckk1) (Entered: 05/10/2019)	May 10, 2019	May 10, 2019 PACER
62	MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on May 10, 2019. (lcckk1) (Entered: 05/10/2019)	May 10, 2019	May 10, 2019 RECAP
	Set/Reset Deadlines	May 10, 2019	May 10, 2019 PACER
	Set/Reset Deadlines: Joint Status Report due by 5/24/2019. (dot)	May 10, 2019	May 10, 2019 PACER
63	Joint STATUS REPORT by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, DAVID JENNINGS, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 05/24/2019)	May 24, 2019	May 24, 2019 PACER
	MINUTE ORDER: The Court has received the parties' 63 Joint Status Report. With the parties in agreement, the Court adopts the proposed deadline of JUNE 24, 2019, for Defendants' answer to Plaintiff's First Amended Complaint. Upon receipt of that answer, the Court shall schedule an Initial Scheduling Conference. It is premature at this time to issue an order setting the date for such Conference. Signed by Judge Colleen Kollar-Kotelly on May 29, 2019. (lcckk1)	May 29, 2019	May 29, 2019 PACER
	Set/Reset Deadlines: Answer to 57 due by 6/24/2019. (dot)	May 29, 2019	May 29, 2019 PACER
	.Order	May 29, 2019	May 29, 2019 PACER
	Set/Reset Deadlines	May 30, 2019	May 30, 2019 PACER
64	MOTION for Extension of Time to File Answer re 57 Amended Complaint, by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, DAVID JENNINGS, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/21/2019)	June 21, 2019	June 21, 2019 PACER
	Order on Motion for Extension of Time to Answer	June 21, 2019	June 21, 2019 PACER
	Set/Reset Deadlines: Answer to the Amended Complaint due by 6/24/2019. (dot)	June 21, 2019	June 21, 2019 PACER
	MINUTE ORDER: The Court has received Defendants' 64 Motion for Extension of Time. Due to difficulties obtaining information from some of the entities implicated in Plaintiff's 57 First Amended Complaint, Defendants request an extension of the June 24, 2019, deadline for their answer to that pleading. They acknowledge the tardiness of their motion. See Order Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly, ECF No. 25, Â¶ 7(A). Defendants had not received Plaintiff's view by the time they filed this motion. Nevertheless, despite its tardiness, the Court shall GRANT Defendants' 64 Motion for Extension of Time, for good cause shown. Defendants shall file their answer to Plaintiff's 57 First Amended Complaint by no later than JULY 24, 2019. Signed by Judge Colleen Kollar-Kotelly on June 21, 2019. (lcckk1)	June 21, 2019	June 21, 2019 PACER