Case: L.V.M. v. Lloyd

1:18-cv-01453 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 16, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 16, 2018, a minor child detained by the Office of Refugee Resettlement (ORR) filed this putative class-action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiff sued ORR under the Trafficking Victims Protection Reauthorization Act of 2008, the Administrative Procedure Act, the Declaratory Judgement Act, and petitioned for writs of habeas corpus and mandamus. The plaintiff, an immigrant represented by the New York Civil Liberties Union, alleged th…

On February 16, 2018, a minor child detained by the Office of Refugee Resettlement (ORR) filed this putative class-action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiff sued ORR under the Trafficking Victims Protection Reauthorization Act of 2008, the Administrative Procedure Act, the Declaratory Judgement Act, and petitioned for writs of habeas corpus and mandamus. The plaintiff, an immigrant represented by the New York Civil Liberties Union, alleged that federal officers had removed minor children from their parents in violation of due process, and that ORR had held children in “highly restrictive government-controlled facilities” indefinitely and with no explanation. Specifically, the named plaintiff in this case had been arrested for gang involvement. After a judge dismissed the claim, the plaintiff was moved to a facility reserved for children who do not present a danger, with no date for release despite having no disciplinary issues. The plaintiff also received no explanation for the extended detention.

On May 9, 2018, the plaintiff moved for preliminary injunctive relief in the form of: (1) vacatur of the Director Review Policy, a new ORR policy that imposed procedural barriers to the release of children from detention; and (2) an order directing ORR to take all reasonable measures to expedite the processing of reunification requests. Meanwhile, the defendants moved to dismiss on May 15.

Judge Paul A. Crotty issued an opinion and order on June 27, 2018 denying the defendants' motion to dismiss and vacating the Director Review Policy but declining to order ORR to expedite the reunification process. In denying the defendants' motion to dismiss, Judge Crotty noted that the plaintiffs had pleaded plausible statutory and constitutional violations and had adequately demonstrated irreparable injury and likelihood of success on numerous claims. In the order, Judge Crotty addressed evidence before the court that indicated that the Director Review Policy was instituted within hours of Lloyd’s appointment as the director of ORR, based on unidentified news reports about criminal activities involving immigrant minors. He noted that expedited discovery had not yielded any records showing a consideration of relevant law, agency documents, or the impact on unaccompanied undocumented children. Judge Crotty noted that this “unlawful agency behavior” was at the “zenith of impermissible agency actions” and that “the Court cannot turn a blind eye to Plaintiff’s suffering and irreparable injury.” As part of the same order, Judge Crotty certified a class defined as “[a]ll children who are or will be in the custody of ORR in New York State and who are currently housed in a staff-secure facility or have ever been housed in a staff-secure or secure facility.” 318 F. Supp. 3d 601.

On November 5, 2018, the defendants informed the court that they conceded the illegality of the Director Review Policy while preserving the right to appeal pure legal issues and based on this concession moved for a protective order barring further discovery. Judge Crotty rejected this argument, noting that the Director Review Policy was not the only legal issue common to the class, that the certified class continued to have common legal claims against the defendants, and that the prolonged detention of minor children continued.

The parties proceeded to engage in discovery, which (except for a brief stay caused by the government shutdown in December 2018 and January 2019) continued into the summer of 2019.

However, between June 3, 2019 and April 7, 2021, there was no action in the case, which led Judge Crotty to issue an order dismissing the case. On April 12, 2021, one of the plaintiff's lawyers filed a sealed letter with the court in response to this order. So, the case is ongoing.

Summary Authors

Tiffany Chung (10/6/2019)

Jonah Hudson-Erdman (4/12/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6347254/parties/lvm-v-lloyd/


Judge(s)

Crotty, Paul Austin (New York)

Attorneys(s) for Plaintiff

Austin, Paige (New York)

Dunn, Christopher (New York)

Gemmell, Antony Philip Falconer (New York)

Hodgson, Robert (New York)

Katovich, Scout Katherine (New York)

Padmanabhan, Aadhithi (New York)

Perry, Jessica (New York)

Attorneys(s) for Defendant

Byars, Michael James (New York)

Neidl, Benjamin Fisher (New York)

Judge(s)

Crotty, Paul Austin (New York)

Attorneys(s) for Plaintiff

Austin, Paige (New York)

Dunn, Christopher (New York)

Gemmell, Antony Philip Falconer (New York)

Hodgson, Robert (New York)

Katovich, Scout Katherine (New York)

Padmanabhan, Aadhithi (New York)

Perry, Jessica (New York)

Attorneys(s) for Defendant

Byars, Michael James (New York)

Neidl, Benjamin Fisher (New York)

Oestericher, Jeffrey Stuart (New York)

Teleanu, Natasha Waglow (New York)

Tinio, Rebecca S. (New York)

Documents in the Clearinghouse

Document

1:18-cv-01453

Docket [PACER]

April 12, 2019

April 12, 2019

Docket
1

1:18-cv-01453

Class Action Complaint and Petition for a Writ of Habeas Corpus

Feb. 16, 2018

Feb. 16, 2018

Complaint
76

1:18-cv-01453

Order

June 8, 2018

June 8, 2018

Order/Opinion
77

1:18-cv-01453

Opinion and Order

318 F.Supp.3d 601, 2018 WL 3133965

June 27, 2018

June 27, 2018

Order/Opinion
130

1:18-cv-01453

Opinion and Order

June 3, 2019

June 3, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6347254/lvm-v-lloyd/

Last updated May 20, 2022, 4:52 a.m.

ECF Number Description Date Link Date / Link

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher T Dunn. The party information for the following party/parties has been modified: L.V.M., Scott Lloyd, Jonathan White, Steven R. Wagner, Alex Azar, Elcy Valdez, Jeremy Kohomban. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (pc) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher T Dunn. The party information for the following party/parties has been modified: L.V.M., Scott Lloyd, Jonathan White, Steven R. Wagner, Alex Azar, Elcy Valdez, Jeremy Kohomban. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (pc)

Feb. 20, 2018

Feb. 20, 2018

PACER

Notice to Attorney Regarding Party Modification

Feb. 20, 2018

Feb. 20, 2018

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher T Dunn. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551; Nature of Suit code 440 (Civil Rights: Other). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2241; the Nature of Suit code has been modified to 463 (Habeas Corpus − Alien Detainee). (pc) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above−entitled action is assigned to Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pc) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher T Dunn. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551; Nature of Suit code 440 (Civil Rights: Other). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2241; the Nature of Suit code has been modified to 463 (Habeas Corpus - Alien Detainee). (pc)

Feb. 20, 2018

Feb. 20, 2018

PACER

Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pc) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

Notice to Attorney Regarding Case Opening Statistical Error Correction

Feb. 20, 2018

Feb. 20, 2018

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pc)

Feb. 20, 2018

Feb. 20, 2018

PACER

Case Designated ECF. (pc) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

Case Opening Initial Assignment Notice

Feb. 20, 2018

Feb. 20, 2018

PACER

Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pc)

Feb. 20, 2018

Feb. 20, 2018

PACER

Case Designation

Feb. 20, 2018

Feb. 20, 2018

PACER

Case Designated ECF. (pc)

Feb. 20, 2018

Feb. 20, 2018

PACER

Case Designated ECF

Feb. 20, 2018

Feb. 20, 2018

PACER
5

NOTICE OF APPEARANCE by Paige Austin on behalf of L.V.M.. (Austin, Paige) (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Jeremy Kohomban, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Steven Wagner, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
8

REQUEST FOR ISSUANCE OF SUMMONS as to Scott Lloyd, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
9

REQUEST FOR ISSUANCE OF SUMMONS as to Elcy Valdez, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
10

REQUEST FOR ISSUANCE OF SUMMONS as to Alex Azar, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
11

REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan White, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
12

ELECTRONIC SUMMONS ISSUED as to Jeremy Kohomban. (sj) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
13

ELECTRONIC SUMMONS ISSUED as to Steven Wagner. (sj) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
14

ELECTRONIC SUMMONS ISSUED as to Scott Lloyd. (sj) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
15

ELECTRONIC SUMMONS ISSUED as to Elcy Valdez. (sj) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
16

ELECTRONIC SUMMONS ISSUED as to Alex Azar. (sj) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
17

ELECTRONIC SUMMONS ISSUED as to Jonathan White. (sj) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
18

LETTER MOTION for Conference on Motion for Preliminary Injunction and Expedited Discovery Schedule addressed to Judge Paul A. Crotty from Paige Austin dated 2/26/2018. Document filed by L.V.M..(Austin, Paige) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
19

NOTICE OF APPEARANCE by Michael James Byars on behalf of Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
20

NOTICE OF APPEARANCE by Aadhithi Padmanabhan on behalf of L.V.M.. (Padmanabhan, Aadhithi) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
21

AFFIDAVIT OF SERVICE of Letter Motion served on Scott Lloyd; Jonathan White; Steven Wagner; Alex Azar; Elcy Valdez on 2/27/2018. Service was made by Mail. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
22

AFFIDAVIT OF SERVICE of Letter Motion served on Jeremy Kohomban on 3/1/2018. Service was made by Mail. Document filed by L.V.M.. (Austin, Paige) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER

Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Wednesday, March 14, 2018 @ 12:00 PM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)

March 2, 2018

March 2, 2018

PACER

Docket Annotation

March 2, 2018

March 2, 2018

PACER

Calendar Entry *DATE CHANGE*: The Pre-Motion Conference scheduled to go forward on Wednesday, March 14, 2018 is rescheduled to: Thursday, March 15, 2018 @ 10:30 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment (on consent): the 3/14/18 not a convenient date for the parties. A PDF IS NOT ATTACHED TO THIS ENTRY (reset via e-mail communication by: David Gonzalez - Courtroom Deputy). (dgo)

March 6, 2018

March 6, 2018

PACER

Docket Annotation

March 6, 2018

March 6, 2018

PACER
23

LETTER addressed to Judge Paul A. Crotty from AUSA Michael J. Byars dated March 11, 2018 re: response to February 26, 2018 letter (ECF 18). Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Byars, Michael) (Entered: 03/11/2018)

March 11, 2018

March 11, 2018

PACER

CALENDAR ENTRY **REMINDER**: Pre-Motion Conference scheduled to go forward on: Thursday, March 15, 2018 @ 10:30 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)

March 14, 2018

March 14, 2018

PACER

Docket Annotation

March 14, 2018

March 14, 2018

PACER

Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 3/15/2018. REMARK: Paige Austin, Christopher Dunn, Aadhithi Padmanabhan, and Scout Katovich appeared for the plaintiff. AUSA Michael Byars appeared for the government. The Court directs the plaintiff to make its discovery demands in writing and to meet and confer with the government. A conference is set for Thursday, March 22, 2018 at 11:15 AM. See transcript for details. (Court Reporter Rose Prater) (dgo)

March 15, 2018

March 15, 2018

PACER

Pre-Motion Conference

March 15, 2018

March 15, 2018

PACER

CALENDAR ENTRY **REMINDER**: Status Conference scheduled to go forward on: Thursday, March 22, 2018 @ 11:15 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)

March 20, 2018

March 20, 2018

PACER

Docket Annotation

March 20, 2018

March 20, 2018

PACER
24

JOINT LETTER addressed to Judge Paul A. Crotty from Counsel for Plaintiffs and Federal Defendants dated 3/21/2018 re: Parties' Joint Letter Regarding Expedited Discovery and Proposed Briefing Schedule. Document filed by L.V.M..(Austin, Paige) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER

Calendar Entry *DATE CHANGE*: The Status Conference scheduled to go forward on Thursday, March 22, 2018 is rescheduled to: Thursday, March 29, 2018 @ 11:00 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment: the 3/22/18 no longer a convenient date for the Court. A PDF IS NOT ATTACHED TO THIS ENTRY (reset via e-mail communication by: David Gonzalez - Courtroom Deputy). (dgo) Modified on 3/23/2018 (dgo).

March 22, 2018

March 22, 2018

PACER

Docket Annotation

March 22, 2018

March 22, 2018

PACER
25

TRANSCRIPT of Proceedings re: conference held on 3/15/2018 before Judge Paul A. Crotty. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2018. Redacted Transcript Deadline set for 4/27/2018. Release of Transcript Restriction set for 6/25/2018.(McGuirk, Kelly) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
26

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernece proceeding held on 3/15/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
27

NOTICE OF APPEARANCE by Benjamin Fisher Neidl on behalf of Jeremy Kohomban. (Attachments: # 1 Affidavit Affirmation of Service)(Neidl, Benjamin) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER

Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 3/29/2018. REMARK: Paige Austin, Christopher Dunn, Aadhithi Padmanabhan, and Scout Katovich appeared for the plaintiff. AUSA Michael Byars appeared for the government. Benjamin Neidle apeared for respondent K. Kohomban. The Court ordered the following: S. Lloyd and E. Valdez are to be deposed; Depositions will take place between April 11 and April 13; April 13, 2018 is the close of discovery; Mr. Neidl and the government can move the Court together for a MTD; The Agency is to produce what the parties have agreed to. The PI is due on April 23, 2018. See transcript for details. (Court Reporter Eve Giniger) (dgo)

March 29, 2018

March 29, 2018

PACER

Status Conference

March 29, 2018

March 29, 2018

PACER
28

NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Teleanu, Natasha) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
29

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Judge Paul A. Crotty on 4/5/18) (yv) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
30

JOINT LETTER addressed to Judge Paul A. Crotty from Paige Austin dated 4/10/2018 re: Request to Modify Discovery and Briefing Schedule. Document filed by L.V.M..(Austin, Paige) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER
31

MEMO ENDORSEMENT on re: 30 Letter filed by L.V.M. ENDORSEMENT: The proposed modifications are approved. So ordered.(Deposition due by 4/17/2018. Motions due by 4/27/2018. Responses due by 5/21/2018. Replies due by 5/29/2018.) (Signed by Judge Paul A. Crotty on 4/12/2018) (anc) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
32

TRANSCRIPT of Proceedings re: conference held on 3/29/2018 before Judge Paul A. Crotty. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/8/2018. Redacted Transcript Deadline set for 5/18/2018. Release of Transcript Restriction set for 7/16/2018.(McGuirk, Kelly) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER
33

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/29/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER
34

LETTER MOTION for Extension of Time addressed to Judge Paul A. Crotty from Paige Austin, Counsel for the Plaintiffs dated 4/24/18. Document filed by L.V.M..(Padmanabhan, Aadhithi) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
35

ORDER granting 34 Letter Motion for Extension of Time. The briefing schedule is modified as requested on pg 2. SO ORDERED. (Motions due by 5/14/2018.) (Signed by Judge Paul A. Crotty on 4/25/18) (yv) (Entered: 04/26/2018)

April 25, 2018

April 25, 2018

PACER

Set/Reset Deadlines

April 25, 2018

April 25, 2018

PACER

Set/Reset Deadlines: Responses due by 5/24/2018. Replies due by 5/31/2018. (yv)

April 25, 2018

April 25, 2018

PACER
36

FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Preliminary Injunction . Document filed by L.V.M.. (Attachments: # 1 Affidavit Maria Rafael Declaration, # 2 Affidavit Luis Zayas Declaration, # 3 Affidavit Lisa Fortuna Declaration, # 4 Affidavit Robert Carey Declaration, # 5 Affidavit Carolyn Corrado Declaration, # 6 Affidavit Bryan Johnson Declaration, # 7 Affidavit Cesar Francia Declaration, # 8 Affidavit Dawn Guidone Declaration, # 9 Affidavit LVM Declaration, # 10 Affidavit Edith E. G. Mejia Declaration, # 11 Affidavit Marta E. G. Abrego Declaration, # 12 Affidavit Margarita M. Rodriguez Declaration)(Austin, Paige) Modified on 5/9/2018 (db). (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
37

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 36 FIRST MOTION for Preliminary Injunction . . Document filed by L.V.M.. (Padmanabhan, Aadhithi) Modified on 5/9/2018 (db). (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
38

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 39 Declaration) - DECLARATION of Scout Katovich in Support re: 36 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) Modified on 5/4/2018 (db). (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
39

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Scout Katovich in Support re: 36 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) Modified on 5/9/2018 (db). (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
40

NOTICE OF APPEARANCE by Scout Katherine Katovich on behalf of L.V.M.. (Katovich, Scout) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Paige Austin to RE-FILE Document 36 FIRST MOTION for Preliminary Injunction . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

May 9, 2018

May 9, 2018

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Paige Austin to RE-FILE Document 39 Declaration in Support of Motion, 37 Memorandum of Law in Support of Motion. ERROR(S): Documents linked to filing error(s). (db)

May 9, 2018

May 9, 2018

PACER

Notice to Attorney to Re-File Document - Deficient Docket Entry Error

May 9, 2018

May 9, 2018

PACER

NOTICE of Oral Argument: Oral Argument on the pending motions is scheduled to go forward on: Thursday, June 7, 2018 at 10:30 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before the Honorable Paul A. Crotty, U.S.D.J ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)

May 9, 2018

May 9, 2018

PACER

Docket Annotation

May 9, 2018

May 9, 2018

PACER
41

FIRST MOTION for Preliminary Injunction . Document filed by L.V.M..(Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
42

MEMORANDUM OF LAW in Support re: 41 FIRST MOTION for Preliminary Injunction . . Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
43

DECLARATION of Scout Katovich in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
44

DECLARATION of Maria Rafael in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
45

DECLARATION of Dr. Luis H. Zayas in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
46

DECLARATION of Dr. Lisa R. Fortuna in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
47

DECLARATION of Robert Carey in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
48

DECLARATION of Carolyn Corrado in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
49

DECLARATION of Bryan Johnson in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
50

DECLARATION of Cesar A. Francia in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
51

DECLARATION of Dawn Pipek Guidone in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
52

DECLARATION of L.V.M. in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
53

DECLARATION of Edith Esmeralda de Galindo Mejia in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
54

DECLARATION of Marta Elicia Gonzalez Abrego in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
55

DECLARATION of Margarita Mendoza Rodriguez in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
56

LETTER MOTION for Leave to File Excess Pages and Request for a One-Day Extension of Time addressed to Judge Paul A. Crotty from Natasha W. Teleanu dated 5/10/2018. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Teleanu, Natasha) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

PACER
57

ORDER granting 56 Letter Motion for Leave to File Excess Pages. The request for an enlarged brief is granted, and the proposed schedule is adopted. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/11/18) (yv) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER

Set/Reset Deadlines

May 11, 2018

May 11, 2018

PACER

Set/Reset Deadlines: Responses due by 5/25/2018. Replies due by 6/1/2018. (yv)

May 11, 2018

May 11, 2018

PACER
58

MOTION to Dismiss . Document filed by Jeremy Kohomban. Responses due by 5/25/2018 Return Date set for 6/7/2018 at 10:30 AM.(Neidl, Benjamin) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
59

MEMORANDUM OF LAW in Support re: 58 MOTION to Dismiss ., 36 FIRST MOTION for Preliminary Injunction ., 2 MOTION to Certify Class . (Memorandum of Law in support of Jeremy Kohomban's motion to dismiss, and in response to plaintiff/petitioner's motions for preliminary injunction and class certification). Document filed by Jeremy Kohomban. (Neidl, Benjamin) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
60

AFFIRMATION of Benjamin F. Neidl in Support re: 41 FIRST MOTION for Preliminary Injunction ., 58 MOTION to Dismiss ., 2 MOTION to Certify Class .. Document filed by Jeremy Kohomban. (Attachments: # 1 Exhibit Exhibit A (TVPRA), # 2 Exhibit Exhibit B (ORR Policy Guide sec. 1.4.2), # 3 Exhibit Exhibit C (ORR Policy Guide sec. 2.7), # 4 Exhibit Excerpt of Elcy Valdez Deposition Transcript)(Neidl, Benjamin) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
61

MOTION to Dismiss . Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Byars, Michael) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
62

DECLARATION of E. Scott Lloyd in Opposition re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
63

DECLARATION of Jallyn Sualog in Opposition re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
64

MEMORANDUM OF LAW in Opposition re: 41 FIRST MOTION for Preliminary Injunction . . Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
65

DECLARATION of Marivic Fields in Opposition re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
66

LETTER MOTION to Seal Document addressed to Judge Paul A. Crotty from Natasha W. Teleanu dated 5/16/2018. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Teleanu, Natasha) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 16, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All children who are or will be in the custody of ORR in New York State and who are currently housed in a staff-secure facility or have ever been housed in a staff-secure or secure facility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Department of Health and Human Services (Washington DC), Federal

Case Details

Causes of Action:

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

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

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

Mandamus, 28 U.S.C. § 1361

Ex parte Young (federal or state officials)

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

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2018 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Habeas Corpus

Juveniles

Over/Unlawful Detention

Placement in detention facilities

Youth / Adult separation

Discrimination-basis:

Immigration status

Type of Facility:

Government-run

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Detention - criteria

Detention - procedures

ICE/DHS/INS raid

Refugees

Undocumented immigrants - rights and duties

National Origin/Ethnicity:

Hispanic