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

Clearinghouse coding complete

Case Summary

COVID-19 Summary: On May 7, 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 res…

COVID-19 Summary: On May 7, 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, ordering the defendants to provide plaintiffs adequate telephone access, ensure that phones are in proper working order, ensure attorney-client confidentiality on all phone calls, among other things. The defendants appealed the TRO on August 14. No outcome yet.


This suit, filed on April 4, 2018, challenged the Department of Homeland Security's (DHS) policy and practice of deliberately keeping detainees in immigration prisons from access to legal resources. The Southern Poverty Law Center (SPLC) brought the suit, arguing that DHS created and maintained substantial barriers for detainees in immigration prisons to meaningfully access and communicate with attorneys. SPLC argued that in so doing, DHS violated Fifth Amendment due process with respect to SPLC's clients as well as SPLC's First Amendment right to represent civil detainees. SPLC sought declaratory and injunctive relief. This suit was filed in the United States District Court for the District of Columbia and assigned to Judge Colleen Kollar−Kotelly on the same day.

The SPLC brought this on behalf of itself and its clients detained in three detention facilities located in Louisiana and Georgia. The SPLC is a nonprofit organization that litigates and advocates on behalf of vulnerable populations. The SPLC specifically argued that "[t]he totality of barriers to accessing and communicating with attorneys endured by detainees in these prisons deprives SPLC’s clients of their constitutional rights to access courts, to access counsel, and to obtain full and fair hearings," as well as "SPLC’s rights to represent civil detainees." The complaint stated 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 these 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 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 filed their notice of settlement on September 5, 2018 regarding the LaSalle detention facility. Per the settlement, the defendants were to stop limiting confidential legal calls to under two hours and stop preventing or interrupting legal in-person visits or phone calls. The defendants were also 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.

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

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

On March 19, 2020, 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. In addition, the court denied a further stay of discovery pending mediation as well as request for limited discovery on April 7, 2020, stating that the limited discovery could take weeks if not months.

On May 1, 2020, the parties filed a joint status report stating that the mediation has been put off until the discovery disputes are resolved.

On May 7, 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. The plaintiffs claimed that the defendants had restricted access to legal visitations due to COVID-19, but failed to accommodate remote communications.

The defendants responded that they have implemented COVID-19 protocols necessary to reduce the risk of COVID-19, such as providing protective equipment, expanded hours for video teleconferencing attorney-client visits. They further claimed that the court lacks jurisdiction to grant the TRO.

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

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

On August 7, the plaintiffs moved to enforce the Court's June 17 temporary restraining order concerning the COVID-19 mitigations and the Court requested an updated compliance report from the defendants on August 10, which was filed by defendants on August 21.

Meanwhile, on August 14, the defendants appealed the June 17 temporary restraining order to the U.S. Court of Appeals for the D.C. Circuit.

The case remains ongoing in the appellate court.

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)

People

For PACER's information on parties and their attrorneys, 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)

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

Resources

Docket

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

Last updated Aug. 26, 2022, 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

Case Assigned to Judge Colleen Kollar-Kotelly. (zsb)

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
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 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

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
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

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

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 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

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
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

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

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

Set/Reset Deadlines: Joint Status Report due by 7/26/2018. (dot)

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

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

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
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

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
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
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

Set/Reset Deadlines

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: 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

.Order

May 29, 2019

May 29, 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

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

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, ¶ 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

Set/Reset Deadlines: Answer to the Amended Complaint due by 6/24/2019. (dot)

June 21, 2019

June 21, 2019

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 4, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Southern Poverty Law Center

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Confinement/isolation

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Quality of representation

Visiting

Discrimination-basis:

Immigration status

COVID-19:

CDC Guidance ordered implemented

Mitigation Denied

Mitigation Granted

Mitigation Requested

Release Denied

Release Requested

Video court ordered

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - procedures

Immigration lawyers