Case: L.R. (Lucas R.) v. Azar

2:18-cv-05741 | U.S. District Court for the Central District of California

Filed Date: June 29, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a pre-existing class action about non-citizen kids in HHS Office of Refugee Resettlement (ORR) custody. Plaintiffs are seeking emergency releases of nearly all such children, in light of the grave risk of infection in congregate settings. The court denied the plaintiffs' application for TRO on April 2. This class action suit, filed on June 29, 2018, sought to enjoin the Office of Refugee Resettlement (ORR) and the U.S. Department of Health and Human Services (HHS), of …

COVID-19 Summary: This is a pre-existing class action about non-citizen kids in HHS Office of Refugee Resettlement (ORR) custody. Plaintiffs are seeking emergency releases of nearly all such children, in light of the grave risk of infection in congregate settings. The court denied the plaintiffs' application for TRO on April 2.


This class action suit, filed on June 29, 2018, sought to enjoin the Office of Refugee Resettlement (ORR) and the U.S. Department of Health and Human Services (HHS), of which ORR is a component part, from causing grave harm to migrant and asylum-seeking children in its care. 2018 WL 3209193. The plaintiffs--represented by the Center for Human Rights & Constitutional Law, National Center for Youth Law, the Immigration Law Clinic at the UC Davis Law School, and private counsel--were members of the class protected under the consent decree issued in Flores v. Sessions (“Flores Settlement”), available here in this Clearinghouse. The plaintiffs alleged violations of that Settlement, the Immigration and Nationality Act (INA) 8 U.S.C. §§ 1101, William Wilberforce Trafficking Victims Reauthorization Act of 2008 (TVPRA) 18 U.S.C. § 1589, the Administrative Procedure Act (APA) 5 U.S.C. § 703, as well as the Fifth Amendment’s Due Process Clause and First Amendment’s Freedom of Association Clause. They sued the Secretary of HHS and the Director of ORR under 28 U.S.C. §§ 1331, 2241, the APA, Bivens, the TVPRA, and the rights conferred to the plaintiffs in the Flores Settlement. They sought injunctive and declaratory relief, a writ of habeas corpus for their release from ORR custody, nominal damages, and attorneys’ fees. The case was filed in the U.S. District Court for the Central District of California and assigned to Judge Dolly Maizie Gee.

The named plaintiffs are several children in ORR custody (in facilities in Texas, California, New York, and Michigan) and two nonprofit organizations, the San Fernando Valley Refugee Children Center, Inc. and the Unaccompanied Central American Refugee Empowerment. The plaintiffs alleged that ORR confines unaccompanied alien children in residential treatment centers (RTCs) without a meaningful opportunity to challenge allegations that they are dangerous or pose a flight risk or that their parents or other custodians are unfit to care for them. The complaint also states that the children are detained in conditions where they are administered psychotropic medication for weeks, months, or longer without parental consent or any other procedural safeguards. Several children were reportedly prescribed medications that increase suicidality, intentional self harm, pain, nausea, insomnia, and other symptoms in children. One of the children alleged they were assaulted by staff on multiple occasions, including with pepper spray, but that no disciplinary action was taken.

The class included all children in ORR custody (a) whom ORR refused to release to their parents or other available custodians who completed family reunification packets but are allegedly unfit, (b) who have been or will be in an RTC or other facility for more than 30 days without notice and an opportunity to be heard regarding release, (c) who have been or will be administered psychotropic medication without procedural safeguards (e.g., parental consent), and (d) who are natives of non-contiguous countries and to whom ORR blocks legal assistance in matters related to their custody, medication, and release.

On July 9, 2018, Judge Gee granted the plaintiffs leave to use pseudonyms for the named plaintiffs and their next friends (i.e., family members, custodians, or sponsors), who sued on their behalf, and ordered the parties to use these pseudonyms in all documents filed with the court. The court subsequently granted leave to both parties to file documents under seal in order to protect the identities of the minors.

Class Certification

On August 2, 2018, the plaintiffs moved to certify the class. On August 3, 2018, one named plaintiff detained in a southern Texas facility, moved for a preliminary injunction for his release from ORR custody “without unnecessary delay” as provided by the Flores Settlement and the TVPRA. On August 17, 2018, another named plaintiff detained in a southern Texas facility, similarly moved for a preliminary injunction for her release.

On August 17, 2018, the defendants filed a motion to dismiss for improper venue and for failure to state a claim for which the court can grant relief. The defendants argued that this lawsuit was duplicative of the Flores litigation, and claimed that the plaintiffs were trying to rewrite or re-bargain that settlement by bringing this case.

On September 6 and 10, 2018, the court denied both preliminary injunction motions for lack of jurisdiction. In both cases, the court found that the cited sections of the Flores Settlement and the APA did not authorize the court to order the release of the minors. The motions were dismissed without prejudice, indicating that they could refile in the U.S. District Court for the Southern District of Texas against the ORR Field Specialists in Texas responsible for the minors’ care. Judge McGee found that habeas matters would be properly venued before those specialists in that court if the plaintiffs were to refile.

On September 7, 2018, the plaintiffs filed their first amended complaint, which included two more named plaintiffs and additional detail concerning the original complaint's named plaintiffs’ mental health, including hospitalization due to their extreme distress at not being released to their families. It also described fundraising and other community efforts made in preparation of the children’s release.

On September 10, 2018, Judge Gee denied the defendants’ motion to dismiss as moot because the plaintiff’s amended complaint was treated as superseding the first. In the same order, she denied the plaintiff’s motion for class certification. Judge Gee reasoned that it would be more efficient to decide on that motion at a later date, because it was anticipated that the defendants would again move to have the case dismissed.

On September 18, 2018, the defendants again moved to have the complaint dismissed for improper venue and failure to state claim. On September 28, 2018, the defendants supplemented their motion to dismiss, requesting that the case be transferred to the U.S. District Court for the District of Columbia if it were not dismissed.

Also on September 28, 2018, the plaintiffs again moved to certify the class. This class definition’s first four elements were the same as those in their August motion for class certification; the new motion added one more element, narrowing the class to include only children who have or will have a behavioral, mental health, or intellectual and/or developmental disability and who are placed in an ORR facility because of that disability.

On November 2, 2018, Judge Gee issued an order granting in part and denying in part the defendants' motion to dismiss and granting the plaintiffs' motion for class certification. The defendants' motion to dismiss was granted only with regard to the plaintiffs' claims to enforce the Flores Agreement, but was denied in all other respects, including the plaintiffs' claims that "ORR failed to provide sufficient procedural safeguards for alien minors to exercise their Flores rights." In the order granting the plaintiffs' motion for class certification, Judge Gee granted each of the proposed classes but slightly re-wrote the definitions of some classes.

On November 16, 2018, the defendants filed a motion for reconsideration of the court's November 2 order, asserting that in re-writing the definitions of the "legal representation class" and the "disability class," the court failed to consider material facts and denied defendants the opportunity to address the newly created class. On December 27, 2018, Judge Gee issued an order granting in part and denying in part the defendants' motion for reconsideration and simultaneously issued an amended version of the November 2 order. The amended order made a slight change to the "disability class" to reflect the defendants' concern with the class.

On March 2, 2019, defendant E. Scott Lloyd -- the former Director of ORR who was also sued in his individual capacity under Bivens -- filed a motion to dismiss the plaintiffs' complaint and action against him for lack of personal jurisdiction and a motion for judgment on the pleadings. The defendant asserted that the complaint did not establish that the court had personal jurisdiction over him, failed to give notice of the claims against him, failed to state a claim upon which relief can be granted against him, and failed to defeat his qualified immunity.

On April 23, 2019, following the parties' stipulation for mediation, Judge Gee issued an order referring the matter to Magistrate Judge Sheri Pym for mediation proceedings. Over the next several months, the parties underwent the discovery process and conferred to attempt to reach a settlement.

On August 21, 2019, Judge Gee issued an order granting E. Scott Lloyd's motion for judgment on the pleadings, concluding that the plaintiffs' Bivens claim against him was not "supported by a cognizable legal theory" and because "special factors counsel against recognizing such a remedy in this context." As such, the individual defendant in his individual capacity was dismissed.

On March 25, 2020, in light of the nationwide outbreak of COVID-19, the plaintiffs filed an ex parte application for a temporary restraining order (TRO) and for issuance of an order to show cause why a preliminary injunction should not issue. The plaintiffs requested that the court issue an order "requiring ORR to release children it has already detained for 30 days to ready custodians, transfer them to non-congregate settings, or else justify why it has done neither." At the time the application was filed, there were a reported 46,481 cases in the U.S. and 593 deaths and several staff members at ORR facilities had tested positive for COVID-19. No cure or vaccine existed at the time of filing so social distancing and frequent hand washing were the only effective measures to prevent the transmission of COVID-19. The plaintiffs contended that the "vast majority of children in ORR custody live in congregate settings, where they spend all of their time in close proximity to other children and staff members" and are thus unable to practice effective methods of preventing transmission. Moreover, while the elderly and those with underlying health conditions remained the most vulnerable to serious illness or death from COVID-19, the plaintiffs stated that "approximately 6% of infected children and 11% of infected infants had severe or critical cases," demonstrating a risk of severe harm to the plaintiffs. The plaintiffs claimed that a TRO was appropriate because Flores Settlement, the TVPRA, and the First and Fifth Amendments to the U.S. Constitution each vest children who have custodians available to receive them with substantive rights against ORR’s keeping them in congregate care, especially during a global pandemic."

On March 27, 2020, the government filed an opposition to the plaintiffs' motion for TRO. The government asserted that if there is a claim that the Flores Agreement has been violated, that claim "must proceed in a Flores enforcement action." The government also argued that the plaintiffs' due process claim lacked merit, proclaiming that they have "gone to extraordinary lengths to care for children in a profoundly challenging situation, while also fulfilling its statutory mandate under the TVPRA for expeditious release of children to custodians who will care for them, implementing measures both to prevent the spread of COVID-19 and provide appropriate medical care in the case of infection." Finally, the government contended that, considering the risk posed by the proposed mass transit of plaintiffs and strained resources for administrative hearings caused by COVID-19, plaintiffs "fail to show how their alleged injury would be redressed by the relief they seek."

On March 28 Judge Gee issued a TRO in Flores v. Reno, ordering the government to promptly dispose of the class members' claims for release to outside sponsors and for the inspection of government facilities to ensure compliance with public health guidelines.

Following oral argument on April 2, Judge Gee issued an order denying the plaintiffs' application for TRO and order to show cause. Judge Gee concluded that the TRO issued in Flores rendered "the most urgent portions of Plaintiffs’ request for interim relief moot," and thus a TRO here was not appropriate.

On October 2, 2020, the defendants moved for partial summary judgment. The Defendants alleged that some of the claims were barred by res judicata, as the Court had already decided the issues in Reno v. Flores. The defendants further argued that, even if the claims were not barred, the policies and procedures implemented satisfied the judicial standards for procedural due process. The same day, the plaintiffs also moved for partial summary judgment on different claims. The plaintiffs argued that the defendants' non-compliance with the Flores Settlement Agreement violated their right to procedural due process, and required court intervention. The court held a hearing on this cross-motion for summary judgment on December 22, 2020.

The parties are engaged in ongoing settlement negotiations and discovery, issuing periodic status reports. As of March 12, 2021, the case is ongoing.

Summary Authors

Veronica Portillo Heap (10/28/2018)

Aaron Gurley (5/23/2020)

Justin Hill (10/18/2020)

Tessa McEvoy (3/12/2021)

Related Cases

Flores v. Reno, Central District of California (1985)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7320332/parties/lucas-r-v-alex-azar/


Judge(s)

Abrams, Paul L. (California)

Gee, Dolly Maizie (California)

Attorneys(s) for Plaintiff

Adams, Crystal (District of Columbia)

Adamson, Melissa Ann (California)

Cieslak, Jon F. (California)

Cooper, Holly S. (California)

Desai, Neha (Pennsylvania)

Donohue, Megan L. (California)

Felt, Daisy Ocampo (California)

Holguín, Carlos R. (California)

Judge(s)

Abrams, Paul L. (California)

Gee, Dolly Maizie (California)

Attorneys(s) for Plaintiff

Adams, Crystal (District of Columbia)

Adamson, Melissa Ann (California)

Cieslak, Jon F. (California)

Cooper, Holly S. (California)

Desai, Neha (Pennsylvania)

Donohue, Megan L. (California)

Felt, Daisy Ocampo (California)

Holguín, Carlos R. (California)

Julian, Monica J. (California)

Juneja, Poonam (California)

Kelley, Mary Kathryn (California)

Mayhugh, Alexandra Rex (California)

McMahon, Megan L.. (Massachusetts)

Messuri, Anthony John (District of Columbia)

Mulligan, Jonathan P. (California)

Pitts, Freya E. K. (California)

Shum, Brenda L. (District of Columbia)

Staten, Jayme B (California)

Tarneja, Rebecca L. (California)

Welch, Leecia (California)

White, Carter C. (Texas)

Wroe, Mishan Raini (California)

Wynn, Summer J. (California)

Attorneys(s) for Defendant

Bates, Christopher A (District of Columbia)

Canter, Nancy K (District of Columbia)

Clark, Jeffrey Bossert (District of Columbia)

Davila, Yamileth G. (District of Columbia)

Flentje, August E. (District of Columbia)

Heyse, Michael C. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Insenga, Andrew Brenner (District of Columbia)

Molina, Ernesto H. Jr. (District of Columbia)

Moss, Benjamin M. (District of Columbia)

Pinchas, David E (California)

Robins, Jeffrey S (District of Columbia)

Ross, Jonathan (Connecticut)

Shieh, Woei-Tyng Daniel (District of Columbia)

Soanes, Sherry Denise (District of Columbia)

Stevenson, Marina C. (District of Columbia)

Stewart, Scott Grant (District of Columbia)

Verby, Russell J. (District of Columbia)

Expert/Monitor/Master

Graves, Julie DeAun (Florida)

Haney, Craig William (California)

Meyer, Jaimie (Connecticut)

Zein, Mira (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Lucas R. v. Azar

Feb. 26, 2021 Docket
1

Complaint

Lucas R. v. Azar

June 29, 2018 Complaint
79

Proceedings: In Chambers - Order Re Plaintiff Lucas R.'s Motion for Preliminary Injunction [29]

Lucas R. v. Azar

Sept. 6, 2018 Order/Opinion
81

First Amended Complaint

Lucas R. v. Azar

Sept. 7, 2018 Complaint
82

Proceedings: In Chambers - Order Re Plaintiff Gabriela N.'s Motion for Preliminary Injunction [48]

Lucas R. v. Azar

Sept. 10, 2018 Order/Opinion
85

Proceedings: In Chambers - Order Denying Defendants' Motion to Dismiss as Moot [51] and Denying Without Prejudice Plaintiffs' Motion for Class Certification [25]

Lucas R. v. Azar

Sept. 10, 2018 Order/Opinion
126

In Chambers - Order Re Defendants' Motion to Dismiss [101] and Plaintiff's Motion for Class Certification [97]

L.R. v. Azar

2018 WL 10111336

Nov. 2, 2018 Order/Opinion
141

In Chambers - Amended Order Re Defendants' Motion to Dismiss [101] and Plaintiffs' Motion for Class Certification [97]

L.R. v. Azar

2018 WL 7200716

Dec. 27, 2018 Order/Opinion
227-3 to 227-14

Exhibits A-L in Plaintiffs' Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction

L.R. v. Azar

March 25, 2020 Pleading / Motion / Brief
227-1

Memorandum of Points and Authorities in Support of Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction

L.R. v. Azar

March 25, 2020 Internal memorandum

Resources

Title Description External URL

Lucas R. v. Azar

National Center for Youth Law

This lawsuit alleges violations of a 1997 settlement agreement in Flores v. Reno that set national standards for the treatment and placement of immigrant minors. Five immigrant children challenged th… April 16, 2020 https://youthlaw.org/...

Refugee Reception and Perception: US Detention Camps and German Welcome Centers

Valeria Gomez & Karla Mari McKanders

The reception of refugees and asylum seekers has emerged as one of the most critical contemporary global issues. In 2015, the world experienced the most forced migrants since World War II. This essay… March 31, 2017 https://papers.ssrn.com/...

Sanctuary: K-12 School Districts in Agricultural Communities

Cecilia Barnes

This comment was initiated some eight months after the Executive Order was issued and well after the Executive Order’s enforcement had been challenged by multiple lawsuits on constitutional grounds. … Jan. 1, 2017 http://www.sjcl.edu/...

Libraries Keep a Resourceful Eye on the President

George H. Pike

From the earliest times, libraries have had a mission to collect, curate, organize, and disseminate knowledge and information as broadly as possible for the benefit of the societies they serve. Libra… June 6, 2017 http://newsbreaks.infotoday.com/...

Executive Orders on Travel and Immigration Create a Far-from-Ordinary Semester in Michigan Law's Civil Rights Litigation Clearinghouse

Julie Aust, Jamie Kessler, and Virginia Weeks

President Donald J. Trump's second travel ban for nationals from a group of predominantly Muslim countries was scheduled to take effect on March 16, 2017—until it was enjoined the day before by the U… March 16, 2017 None

Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017 https://www.dhs.gov/...

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017 https://www.gpo.gov/...

Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017 https://www.dhs.gov/...

Executive Order 13767: Border Security and Immigration Enforcement Improvements

President Donald Trump

Jan. 27, 2017 None

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7320332/lucas-r-v-alex-azar/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT Receipt No: 0973-22012306 - Fee: $400, filed by Plaintiffs San Fernando Valley Refugee Children Center, Inc., Miguel Angel S., Unaccompanied Central American Refugee Empowerment, Daniela Marisol T., Gabriela N., Lucas R., Jaime D.. (Attorney Leecia Welch added to party Jaime D.(pty:pla), Attorney Leecia Welch added to party Gabriela N.(pty:pla), Attorney Leecia Welch added to party Lucas R.(pty:pla), Attorney Leecia Welch added to party Miguel Angel S.(pty:pla), Attorney Leecia Welch added to party San Fernando Valley Refugee Children Center, Inc.(pty:pla), Attorney Leecia Welch added to party Daniela Marisol T.(pty:pla), Attorney Leecia Welch added to party Unaccompanied Central American Refugee Empowerment(pty:bkmov))(Welch, Leecia) (Entered: 06/29/2018)

June 29, 2018 RECAP
2

CIVIL COVER SHEET filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Movant Unaccompanied Central American Refugee Empowerment. (Welch, Leecia) (Entered: 06/29/2018)

June 29, 2018 PACER
3

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, 1 filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Exhibit A)(Welch, Leecia) (Entered: 06/29/2018)

1 Exhibit A

View on PACER

June 29, 2018 PACER
4

NOTICE of Interested Parties filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment, (Welch, Leecia) (Entered: 06/29/2018)

June 29, 2018 PACER
5

NOTICE of Related Case(s) filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. Related Case(s): 85-CV-04544-DMG-AGR, 10-CV-02211-DMG-DTB (Welch, Leecia) (Entered: 06/29/2018)

June 29, 2018 PACER
6

EX PARTE APPLICATION for Ruling for Leave to Proceed Using Pseudonyms filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Declaration, # 2 Proposed Order) (Welch, Leecia) (Entered: 06/29/2018)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

June 29, 2018 PACER
7

APPLICATION to file document Attachment A to Application to Use Pseudonyms under seal filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Movant Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Proposed Order)(Welch, Leecia) (Entered: 06/29/2018)

1 Proposed Order

View on PACER

June 29, 2018 PACER
8

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Attachment A to Application to Use Pseudonyms under seal 7 filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Movant Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Unredacted Document)(Welch, Leecia) (Entered: 06/29/2018)

June 29, 2018 PACER
9

CERTIFICATE OF SERVICE filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment, re APPLICATION to file document Attachment A to Application to Use Pseudonyms under seal 7, EX PARTE APPLICATION for Ruling for Leave to Proceed Using Pseudonyms 6, Sealed Declaration in SupportDeclaration, 8 served on June 29, 2018. (Welch, Leecia) (Entered: 06/29/2018)

June 29, 2018 PACER
10

APPLICATION of Registered Legal Services Attorney Neha Desai to practice before the Court filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Proposed Order) (Welch, Leecia) (Entered: 07/02/2018)

1 Proposed Order

View on PACER

July 2, 2018 PACER
11

NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Paul L. Abrams. (jtil) (Entered: 07/02/2018)

July 2, 2018 PACER
12

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 07/03/2018)

July 3, 2018 PACER
13

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:85-cv-04544 DMG(AGRx). Case transferred from Judge Dean D. Pregerson to Judge Dolly M. Gee for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-05741 DMG(PLAx). Signed by Judge Dolly M. Gee (rn) (Entered: 07/05/2018)

July 5, 2018 PACER
14

60-Day Summons Issued re Complaint 1 as to Defendants Alex Azar, Secretary of U.S. Department of Health and Human Services; E. Scott Lloyd, Director, Office of Refugee Resettlement of the U.S. Department of Health & Human Services. (gk) (Entered: 07/05/2018)

July 5, 2018 PACER
15

MINUTE IN CHAMBERS - TRANSFER OF CASE TO JUDGE GEE. Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Transfer Pursuant to General Order 16-05 filed on July 5, 2018. Please substitute the initials DMG in place of the current initials, so that the case number will now read CV 18-5741-DMG (PLAx). As documents are routed using the judge's initials, it is imperative that the correct initials DMG be used on all subsequent filings to prevent any delays in the processing of documents. Judge Gee's Courtroom Deputy Clerk is Kane Tien. He can be reached at (213) 894-5452. Judge Gee's courtroom is located on the 8th floor of the First Street Courthouse, Courtroom #8C. Additional information about Judge Gee's procedures and schedules is available on the court's website at www.cacd.uscourt.gov. (shb) (Entered: 07/06/2018)

July 6, 2018 PACER
16

ORDER by Judge Dolly M. Gee Granting APPLICATION for Registered Legal Services Attorney Neha Desai to Practice Before the Court and participate in the above entitled action, and designating Leecia J. Welch as Supervising Attorney 10 . (gk) (Entered: 07/06/2018)

July 6, 2018 PACER
17

INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) (Entered: 07/09/2018)

July 9, 2018 PACER
18

ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR LEAVE TO PROCEED USING PSEUDONYMS 6 by Judge Dolly M. Gee: Accordingly, the Court: A. GRANTS Plaintiffs leave to proceed in this matter with the use of pseudonyms for the named Plaintiffs and their Next Friends; B. ORDERS that Defendants will not publicly disclose the names or personal identifying information of the named Plaintiffs and their Next Friends after Defendants learn their names and personal identifying information; and C. ORDERS that all parties shall submit pleadings, briefing, and evidence (See order for further details) 6 (yl) (Entered: 07/09/2018)

July 9, 2018 RECAP
19

ORDER GRANTING LEAVE TO FILE UNDER SEAL ATTACHMENT A TO APPLICATION TO USE PSEUDONYMS 7 by Judge Dolly M. Gee: Accordingly, IT IS HEREBY ORDERED that Plaintiffs are granted leave to file under seal Attachment A to the Application to Use Pseudonyms. Pursuant to Local Rule 79-5.2.2(c), Plaintiffs shall e-file Attachment A under seal within three (3) days of the date of this Order. IT IS SO ORDERED. (yl) (Entered: 07/09/2018)

July 9, 2018 PACER
20

SEALED DOCUMENT Attachment A re EX PARTE APPLICATION for Ruling for Leave to Proceed Using Pseudonyms 6, Order on Motion for Leave to File Document Under Seal, 19 filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment.(Cieslak, Jon) (Entered: 07/11/2018)

July 11, 2018 PACER
21

PROOF OF SERVICE Executed by Plaintiff San Fernando Valley Refugee Children Center, Inc., Miguel Angel S., Unaccompanied Central American Refugee Empowerment, Daniela Marisol T., Gabriela N., Lucas R., Jaime D., upon Defendant Alex Azar served on 7/6/2018, answer due 9/4/2018; E. Scott Lloyd served on 7/6/2018, answer due 9/4/2018. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Genoveva Ortego. Executed upon the Attorney Generals Office of the United States by delivering a copy to service by certified mail. Executed upon the officer agency or corporation by delivering a copy to Tracey Mullins, Chief Legal Officer. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Cieslak, Jon) (Entered: 07/13/2018)

July 13, 2018 RECAP
22

NOTICE of Appearance filed by attorney Benjamin M Moss on behalf of Defendants Alex Azar, E. Scott Lloyd (Attorney Benjamin M Moss added to party Alex Azar(pty:dft), Attorney Benjamin M Moss added to party E. Scott Lloyd(pty:dft))(Moss, Benjamin) (Entered: 07/27/2018)

July 27, 2018 PACER
23

NOTICE of Appearance filed by attorney Marina C Stevenson on behalf of Defendants Alex Azar, E. Scott Lloyd (Attorney Marina C Stevenson added to party Alex Azar(pty:dft), Attorney Marina C Stevenson added to party E. Scott Lloyd(pty:dft))(Stevenson, Marina) (Entered: 08/01/2018)

Aug. 1, 2018 PACER
24

NOTICE of Appearance filed by attorney Andrew Brenner Insenga on behalf of Defendants Alex Azar, E. Scott Lloyd (Attorney Andrew Brenner Insenga added to party Alex Azar(pty:dft), Attorney Andrew Brenner Insenga added to party E. Scott Lloyd(pty:dft))(Insenga, Andrew) (Entered: 08/02/2018)

Aug. 2, 2018 PACER
25

NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. Motion set for hearing on 8/31/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Memorandum, # 2 Notice of Lodgment, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5 (Part 1), # 8 Exhibit 5 (Part 2), # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32) (Holguin, Carlos) (Entered: 08/02/2018)

1 Memorandum

View on RECAP

2 Notice of Lodgment

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5 (Part 1)

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8 Exhibit 5 (Part 2)

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9 Exhibit 6

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10 Exhibit 7

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11 Exhibit 8

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12 Exhibit 9

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13 Exhibit 10

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14 Exhibit 11

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15 Exhibit 12

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16 Exhibit 13

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17 Exhibit 14

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18 Exhibit 15

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19 Exhibit 16

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20 Exhibit 17

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21 Exhibit 18

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22 Exhibit 19

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23 Exhibit 20

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24 Exhibit 21

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25 Exhibit 22

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26 Exhibit 23

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27 Exhibit 24

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28 Exhibit 25

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29 Exhibit 26

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30 Exhibit 27

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31 Exhibit 28

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32 Exhibit 29

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33 Exhibit 30

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34 Exhibit 31

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35 Exhibit 32

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Aug. 2, 2018 RECAP
26

APPLICATION to file document (Exhibits to Motion for Class Certification) under seal filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Redacted Document Exs. 10-22, 24-27, # 2 Proposed Order)(Holguin, Carlos) (Entered: 08/02/2018)

1 Redacted Document Exs. 10-22, 24-27

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2 Proposed Order

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Aug. 2, 2018 PACER
27

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibits to Motion for Class Certification) under seal 26 filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Unredacted Document Exs. 10-22, 24-27, # 2 Certificate of Services)(Holguin, Carlos) (Entered: 08/02/2018)

Aug. 2, 2018 PACER
28

ORDER GRANTING APPLICATION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF DOCUMENTS SUBMITTED IN SUPPORT OF MOTION FOR CLASS CERTIFICATION 26 by Judge Dolly M. Gee: Accordingly, it is hereby ORDERED: 1. Plaintiffs are granted leave to file in the public record redacted versions of Exhibits 10-22 and 24-27 in support of their motion for class certification. Plaintiffs shall refile the redacted versions of these documents within three (3) days of the date of this Order. 2. Plaintiffs are granted leave to file under seal the unredacted versions of Exhibits 10-22 and 24-27. Pursuant to Local Rule 79-5.2.2(c), Plaintiffs shall e-file these documents under seal within three (3) days of the date of this Order. (See order for details.) (kti) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
29

NOTICE OF MOTION AND MOTION for Preliminary Injunction re unlawful detention . Motion filed by plaintiff Lucas R.. Motion set for hearing on 8/31/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Memorandum in support of motion, # 2 SEALED Exhibit in support of motion) (Holguin, Carlos) (Entered: 08/03/2018)

1 Memorandum in support of motion

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Aug. 3, 2018 RECAP
30

APPLICATION to file document in support of motion under seal filed by Plaintiff Lucas R..(Holguin, Carlos) (Entered: 08/07/2018)

Aug. 7, 2018 RECAP
31

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in support of motion under seal 30 filed by Plaintiff Lucas R..(Holguin, Carlos) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
32

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in support of motion under seal 30 filed by Plaintiff Lucas R.. (Attachments: # 1 Unredacted Document)(Holguin, Carlos) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
33

EXHIBIT 33-44 to APPLICATION to file document in support of motion under seal 30 Redacted versions of documents filed by Plaintiff Lucas R.. (Holguin, Carlos) (Entered: 08/07/2018)

Aug. 7, 2018 RECAP
34

PROPOSED ORDER GRANTING APPLICATION TO FILE DOCUMENTS UNDER SEAL re APPLICATION to file document in support of motion under seal 30 filed by Plaintiff Lucas R.. (Holguin, Carlos) (Entered: 08/07/2018)

Aug. 7, 2018 RECAP
35

SEALED DOCUMENT Exhibits to Certify Class re NOTICE OF MOTION AND MOTION to Certify Class 25, Order on Motion for Leave to File Document Under Seal,, 28 filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit 12, # 4 Exhibit 13, # 5 Exhibit 14, # 6 Exhibit 15, # 7 Exhibit 16, # 8 Exhibit 17, # 9 Exhibit 18, # 10 Exhibit 19, # 11 Exhibit 20, # 12 Exhibit 21, # 13 Exhibit 22, # 14 Exhibit 24, # 15 Exhibit 25, # 16 Exhibit 26, # 17 Exhibit 27)(Cieslak, Jon) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
36

ORDER RE APPLICATION TO FILE CERTAIN EXHIBITS IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION UNDER SEAL by Judge Dolly M. Gee: Upon Plaintiff's Unopposed Application 30, it is hereby ORDERED that: (1) Plaintiff is granted leave to file in the public record redacted versions of Exhibits 3337, 4142, and 44 in support of his motion for preliminary injunction, which are found at Docket Entry No. 33. Plaintiff shall refile the redacted versions of these documents within three days of the date of this Order. (2) Plaintiff is granted leave to file under seal the unredacted versions of Exhibits 33-37, 4142, and 44 and the entirety of Exhibits 38 and 40, all of which are found at Docket Entry No. 32-1. Pursuant to Local Rule 79-5.2.2(c), Plaintiff shall efile these documents under seal within three days of the date of this Order. (3) Docket Entry No. 29-2 shall remain sealed. In Plaintiff's motion for preliminary injunction, he refers to Exhibit 43 [Doc. No. 29-1 at 16], which is found at Docket Entry No. 29-2. Yet, Exhibit 43 is missing from Docket Entry Nos. 32-1 and 33. Therefore, within three days of the date of this Order, Plaintiff shall either file an application to file Exhibit 43 under seal, or file a publicly viewable version of that document. (gk) (Entered: 08/08/2018)

Aug. 7, 2018 RECAP
37

NOTICE Filing Redacted Exhibits ISO Class Certification Motion filed by plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit 12, # 4 Exhibit 13, # 5 Exhibit 14, # 6 Exhibit 15, # 7 Exhibit 16, # 8 Exhibit 17, # 9 Exhibit 18, # 10 Exhibit 19, # 11 Exhibit 20, # 12 Exhibit 21, # 13 Exhibit 22, # 14 Exhibit 24, # 15 Exhibit 25, # 16 Exhibit 26, # 17 Exhibit 27)(Cieslak, Jon) (Entered: 08/08/2018)

1 Exhibit 10

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2 Exhibit 11

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3 Exhibit 12

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4 Exhibit 13

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5 Exhibit 14

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6 Exhibit 15

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7 Exhibit 16

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8 Exhibit 17

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9 Exhibit 18

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10 Exhibit 19

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11 Exhibit 20

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12 Exhibit 21

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13 Exhibit 22

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14 Exhibit 24

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15 Exhibit 25

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16 Exhibit 26

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17 Exhibit 27

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Aug. 8, 2018 PACER
38

NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Certify Class 25 (Attachments: # 1 Proposed Order Certifying Class)(Cieslak, Jon) (Entered: 08/08/2018)

1 Proposed Order Certifying Class

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Aug. 8, 2018 PACER
39

SEALED DOCUMENT Exhibits ISO Motion for Preliminary Injunction re APPLICATION to file document in support of motion under seal 30, Order on Motion for Leave to File Document Under Seal,,,,, 36 filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Exhibit 33, # 2 Exhibit 34, # 3 Exhibit 35, # 4 Exhibit 36, # 5 Exhibit 37, # 6 Exhibit 38, # 7 Exhibit 40, # 8 Exhibit 41, # 9 Exhibit 42, # 10 Exhibit 44)(Cieslak, Jon) (Entered: 08/09/2018)

Aug. 9, 2018 PACER
40

NOTICE Filing Redacted Exhibits filed by plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Exhibit 33, # 2 Exhibit 34, # 3 Exhibit 35, # 4 Exhibit 36, # 5 Exhibit 37, # 6 Exhibit 41, # 7 Exhibit 42, # 8 Exhibit 43, # 9 Exhibit 44)(Cieslak, Jon) (Entered: 08/09/2018)

1 Exhibit 33

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2 Exhibit 34

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3 Exhibit 35

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4 Exhibit 36

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5 Exhibit 37

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6 Exhibit 41

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7 Exhibit 42

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8 Exhibit 43

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9 Exhibit 44

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Aug. 9, 2018 PACER
41

APPLICATION to file document exhibits 46 to 61 for opposition to PI under seal filed by Defendants Alex Azar, E. Scott Lloyd. (Attachments: # 1 Proposed Order)(Insenga, Andrew) (Entered: 08/10/2018)

1 Proposed Order

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Aug. 10, 2018 PACER
42

Joint STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION to Certify Class 25, Joint STIPULATION to Continue hearing on Plaintiffs' Motion for Class Certification from August 31, 2018 to September 14, 2018 Re: NOTICE OF MOTION AND MOTION to Certify Class 25 filed by Defendants Alex Azar, E. Scott Lloyd. (Attachments: # 1 Proposed Order proposed order on joint stipulation for extension of briefing schedule and hearing date on plaintiffs' motion for class certification)(Moss, Benjamin) (Entered: 08/10/2018)

1 Proposed Order proposed order on joint stipulation for extension of briefing sch

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Aug. 10, 2018 PACER
43

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document exhibits 46 to 61 for opposition to PI under seal 41 filed by Defendants Alex Azar, E. Scott Lloyd. (Attachments: # 1 Unredacted Document def ex 46, # 2 Unredacted Document def ex 47, # 3 Unredacted Document def ex 48, # 4 Unredacted Document def ex 49, # 5 Unredacted Document def ex 50, # 6 Unredacted Document def ex 51, # 7 Unredacted Document def ex 52, # 8 Unredacted Document def ex 53, # 9 Unredacted Document def ex 54, # 10 Unredacted Document def ex 55, # 11 Unredacted Document def ex 56, # 12 Unredacted Document def ex 57, # 13 Unredacted Document def ex 58, # 14 Unredacted Document def ex 59, # 15 Unredacted Document def ex 60, # 16 Unredacted Document def ex 61)(Insenga, Andrew) (Entered: 08/10/2018)

Aug. 10, 2018 PACER
44

OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction re unlawful detention . Motion 29 filed by Defendants Alex Azar, E. Scott Lloyd. (Attachments: # 1 Exhibit def ex 45)(Insenga, Andrew) (Entered: 08/10/2018)

1 Exhibit def ex 45

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Aug. 10, 2018 PACER
45

ORDER ON JOINT STIPULATION FOR EXTENSION OF BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Judge Dolly M. Gee: Upon Stipulation 42, IT IS HEREBY ORDERED that Defendants' time to respond to Plaintiffs' motion for class certification 25 is extended to and including 8/17/2018. Plaintiffs' time to file a reply is extended to and including 8/31/2018. The hearing on this motion is reset for 9/14/2018 at 09:30 AM before Judge Dolly M. Gee. (gk) (Entered: 08/14/2018)

Aug. 13, 2018 RECAP
46

ORDER RE APPLICATION TO FILE UNDER SEAL EXHIBITS TO OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION by Judge Dolly M. Gee: The Court GRANTS Defendants' Unopposed Application to File Under Seal Exhibits 46 to 61 to the Opposition to Plaintiffs' Motion for Preliminary Injunction 41 . Defendants shall e-file under seal the unredacted documents listed in this order within three days of the date of this Order. See document for further details. (gk) (Entered: 08/14/2018)

Aug. 13, 2018 PACER
47

SEALED DOCUMENT exhibits in support of opp to PI re Order on Motion for Leave to File Document Under Seal, 46 filed by Defendants Alex Azar, E. Scott Lloyd. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Insenga, Andrew) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
48

NOTICE OF MOTION AND MOTION for Preliminary Injunction re Placement with Sponsor . Motion filed by Plaintiff Gabriela N.. Motion set for hearing on 9/14/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Memorandum, # 2 Exhibit List, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 SEALED ATTACHMENT - Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 33, # 34 Proposed Order) (Welch, Leecia) ** SEALED ATTACHMENT 20 PURSUANT TO THE ORDER OF 8/20/2018 56 ** Modified on 8/20/2018 (gk). (Entered: 08/17/2018)

1 Memorandum

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2 Exhibit List

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 15

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18 Exhibit 16

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19 Exhibit 17

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21 Exhibit 19

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22 Exhibit 20

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23 Exhibit 21

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24 Exhibit 22

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25 Exhibit 23

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26 Exhibit 24

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27 Exhibit 25

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28 Exhibit 26

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29 Exhibit 27

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30 Exhibit 29

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31 Exhibit 30

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32 Exhibit 31

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33 Exhibit 33

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34 Proposed Order

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Aug. 17, 2018 PACER
49

APPLICATION to file document exhibits in support of preliminary injunction motion under seal filed by Plaintiff Gabriela N.. (Attachments: # 1 Redacted Document Ex 2, # 2 Redacted Document Ex 3, # 3 Redacted Document Ex 4, # 4 Redacted Document Ex 5, # 5 Redacted Document Ex 7, # 6 Redacted Document Ex 8, # 7 Redacted Document Ex 9, # 8 Redacted Document Ex 10, # 9 Redacted Document Ex 11, # 10 Redacted Document Ex 12, # 11 Redacted Document Ex 13, # 12 Redacted Document Ex 14, # 13 Redacted Document Ex 15, # 14 Redacted Document Ex 16, # 15 Redacted Document Ex 17, # 16 SEALED ATTACHMENT - Redacted Document Ex 18, # 17 Redacted Document Ex 19, # 18 Redacted Document Ex 20, # 19 Redacted Document Ex 21, # 20 Redacted Document Ex 22, # 21 Redacted Document Ex 23, # 22 Redacted Document Ex 24, # 23 Redacted Document Ex 25, # 24 Redacted Document Ex 26, # 25 Redacted Document Ex 27, # 26 Redacted Document Ex 29, # 27 Redacted Document Ex 30, # 28 Redacted Document Ex 31, # 29 Redacted Document Ex 33, # 30 Proposed Order)(Welch, Leecia) ** SEALED ATTACHMENT 16 PURSUANT TO THE ORDER OF 8/20/2018 56 ** Modified on 8/20/2018 (gk). (Entered: 08/17/2018)

1 Redacted Document Ex 2

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2 Redacted Document Ex 3

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3 Redacted Document Ex 4

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4 Redacted Document Ex 5

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5 Redacted Document Ex 7

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6 Redacted Document Ex 8

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7 Redacted Document Ex 9

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8 Redacted Document Ex 10

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9 Redacted Document Ex 11

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10 Redacted Document Ex 12

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11 Redacted Document Ex 13

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12 Redacted Document Ex 14

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13 Redacted Document Ex 15

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14 Redacted Document Ex 16

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15 Redacted Document Ex 17

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17 Redacted Document Ex 19

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18 Redacted Document Ex 20

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19 Redacted Document Ex 21

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20 Redacted Document Ex 22

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21 Redacted Document Ex 23

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22 Redacted Document Ex 24

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23 Redacted Document Ex 25

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24 Redacted Document Ex 26

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25 Redacted Document Ex 27

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26 Redacted Document Ex 29

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27 Redacted Document Ex 30

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28 Redacted Document Ex 31

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29 Redacted Document Ex 33

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30 Proposed Order

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Aug. 17, 2018 PACER
50

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document exhibits in support of preliminary injunction motion under seal 49 filed by Plaintiff Gabriela N.. (Attachments: # 1 Unredacted Document Ex 2, # 2 Unredacted Document Ex 3, # 3 Unredacted Document Ex 4, # 4 Unredacted Document Ex 5, # 5 Unredacted Document Ex 7, # 6 Unredacted Document Ex 8, # 7 Unredacted Document Ex 9, # 8 Unredacted Document Ex 10, # 9 Unredacted Document Ex 11, # 10 Unredacted Document Ex 12, # 11 Unredacted Document Ex 13, # 12 Unredacted Document Ex 14, # 13 Unredacted Document Ex 15, # 14 Unredacted Document Ex 16, # 15 Unredacted Document Ex 17, # 16 Unredacted Document Ex 18, # 17 Unredacted Document Ex 19, # 18 Unredacted Document Ex 20, # 19 Unredacted Document Ex 21, # 20 Unredacted Document Ex 22, # 21 Unredacted Document Ex 23, # 22 Unredacted Document Ex 24, # 23 Unredacted Document Ex 25, # 24 Unredacted Document Ex 26, # 25 Unredacted Document Ex 27, # 26 Unredacted Document Ex 28, # 27 Unredacted Document Ex 29, # 28 Unredacted Document Ex 30, # 29 Unredacted Document Ex 31, # 30 Unredacted Document Ex 32, # 31 Unredacted Document Ex 33, # 32 Unredacted Document Ex 34, # 33 Certificate of Service)(Welch, Leecia) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
51

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Alex Azar, E. Scott Lloyd. Motion set for hearing on 9/14/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Insenga, Andrew) (Entered: 08/17/2018)

1 Memorandum

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2 Proposed Order

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Aug. 17, 2018 PACER
52

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class 25 filed by Defendants Alex Azar, E. Scott Lloyd. (Insenga, Andrew) (Entered: 08/17/2018)

Aug. 17, 2018 RECAP
53

REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re unlawful detention . Motion 29 filed by Plaintiff Lucas R.. (Attachments: # 1 Exhibit List, # 2 Exhibit 62, # 3 Exhibit 64, # 4 Proposed Order)(Holguin, Carlos) (Entered: 08/17/2018)

1 Exhibit List

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2 Exhibit 62

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3 Exhibit 64

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4 Proposed Order

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Aug. 17, 2018 RECAP
54

APPLICATION to file document exhibit in support of motion for preliminary injunction under seal filed by Plaintiff Lucas R.. (Attachments: # 1 Proposed Order)(Holguin, Carlos) (Entered: 08/17/2018)

1 Proposed Order

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Aug. 17, 2018 PACER
55

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document exhibit in support of motion for preliminary injunction under seal 54 filed by Plaintiff Lucas R.. (Attachments: # 1 Unredacted Document Ex 63, # 2 Certificate of Service)(Holguin, Carlos) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
56

ORDER GRANTING APPLICATION FOR LEAVE TO FILE UNDER SEAL DOCUMENTS SUBMITTED IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION RE GABRIELA N. by Judge Dolly M. Gee: The Court GRANTS Plaintiff Gabriela N.'s unopposed application for leave to file under seal certain exhibits that support her Motion for a Preliminary Injunction 49 . IT IS HEREBY ORDERED that Plaintiffs are granted leave to file under seal the unredacted versions of Exhibits 2-5 and 7-34 in support of the Motion for Preliminary Injunction regarding Plaintiff Gabriela N. Plaintiffs shall e-file these documents under seal within three days of the date of this Order. Within three days of the date of this Order, Plaintiffs shall refile on the public document the redacted versions of Exhibits 2-5, 7-17, 19-31, and 33. The Court DIRECTS the Court Clerk to seal Docket Entry Nos. 48 -20 and 49 -16. Within three days of the date of this Order, Plaintiffs shall refile on the public docket a version of Docket Entry No. 49 -16 in which the patient, guardian, and "support person['s]" names and signatures on electronic page numbers 4, 5, and 7 have been redacted. (gk) Modified on 8/20/2018 (gk). (Entered: 08/20/2018)

Aug. 20, 2018 PACER
57

ORDER GRANTING APPLICATION FOR LEAVE TO FILE UNDER SEAL DOCUMENTS SUBMITTED IN SUPPORT OF REPLY TO OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION RE LUCAS R. by Judge Dolly M. Gee: The Court GRANTS Plaintiff Lucas R.'s unopposed application for leave to file under seal Exhibit 63 offered in support of his Reply to the Opposition to the Motion for a Preliminary Injunction 54 . IT IS HEREBY ORDERED that the Plaintiff is granted leave to file under seal Exhibit 63 in support of the Reply to the Opposition to the Motion for Preliminary Injunction regarding Plaintiff Lucas R. Plaintiff shall e-file the unredacted document under seal within three days of the date of this Order. (gk) (Entered: 08/20/2018)

Aug. 20, 2018 PACER
58

NOTICE of Appearance filed by attorney Megan L Donohue on behalf of Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment (Attachments: # 1 Certificate of Service)(Attorney Megan L Donohue added to party Jaime D.(pty:pla), Attorney Megan L Donohue added to party Gabriela N.(pty:pla), Attorney Megan L Donohue added to party Lucas R.(pty:pla), Attorney Megan L Donohue added to party Miguel Angel S.(pty:pla), Attorney Megan L Donohue added to party San Fernando Valley Refugee Children Center, Inc.(pty:pla), Attorney Megan L Donohue added to party Daniela Marisol T.(pty:pla), Attorney Megan L Donohue added to party Unaccompanied Central American Refugee Empowerment(pty:pla))(Donohue, Megan) (Entered: 08/21/2018)

1 Certificate of Service

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Aug. 21, 2018 PACER
59

SEALED DOCUMENT Exhibit 63 re Reply (Motion related), 53, Order on Motion for Leave to File Document Under Seal,, 57 filed by Plaintiff Lucas R..(Cieslak, Jon) (Entered: 08/21/2018)

Aug. 21, 2018 PACER
60

Joint STIPULATION for Hearing re NOTICE OF MOTION AND MOTION to Certify Class 25, NOTICE OF MOTION AND MOTION to Dismiss Case 51 filed by Plaintiff Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Declaration of Jon Cieslak iso Joint Stipulation, # 2 Proposed Order)(Cieslak, Jon) (Entered: 08/22/2018)

1 Declaration of Jon Cieslak iso Joint Stipulation

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2 Proposed Order

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Aug. 22, 2018 PACER
61

MINUTE ORDER IN CHAMBERS - ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION TO CERTIFY CLASS 25, MOTION FOR PRELIMINARY INJUNCTION 29, MOTION FOR PRELIMINARY INJUNCTION 48, AND DEFENDANTS' MOTION TO DISMISS 51 by Judge Dolly M. Gee. Due to the Court's calendar, the hearing on all four pending motions is CONTINUED to September 21, 2018 at 9:30 a.m. Plaintiffs' reply to Defendants' opposition to the motion for class certification shall be filed by August 31, 2018. Defendants' opposition to Gabriela N.'s preliminary injunction motion shall be filed by August 29, 2018, and Gabriela N.'s reply thereto shall be filed by September 5, 2018. Plaintiffs' opposition to Defendants' motion to dismiss shall be filed by August 29, 2018, and Defendants reply thereto shall be filed by September 5, 2018. IT IS SO ORDERED. (lom) (Entered: 08/23/2018)

Aug. 23, 2018 RECAP
62

NOTICE Pursuant to this Court's Order (ECF 56) of Filing of Redacted Exhibits iso Motion for Preliminary Injunction Re: Plaintiff Gabriela N. filed by Plaintiff Gabriela N.. (Attachments: # 1 Exhibit 2 (Redacted), # 2 Exhibit 3 (Redacted), # 3 Exhibit 4 (Redacted), # 4 Exhibit 5 (Redacted), # 5 Exhibit 7 (Redacted), # 6 Exhibit 8 (Redacted), # 7 Exhibit 9 (Redacted), # 8 Exhibit 10 (Redacted), # 9 Exhibit 11 (Redacted), # 10 Exhibit 12 (Redacted), # 11 Exhibit 13 (Redacted), # 12 Exhibit 14 (Redacted), # 13 Exhibit 15 (Redacted), # 14 Exhibit 16 (Redacted), # 15 Exhibit 17 (Redacted), # 16 Exhibit 18 (Redacted), # 17 Exhibit 19 (Redacted), # 18 Exhibit 20 (Redacted), # 19 Exhibit 21 (Redacted), # 20 Exhibit 22 (Redacted), # 21 Exhibit 23 (Redacted), # 22 Exhibit 24 (Redacted), # 23 Exhibit 25 (Redacted), # 24 Exhibit 26 (Redacted), # 25 Exhibit 27 (Redacted), # 26 Exhibit 29 (Redacted), # 27 Exhibit 30 (Redacted), # 28 Exhibit 31 (Redacted), # 29 Exhibit 33 (Redacted))(Cieslak, Jon) (Entered: 08/23/2018)

1 Exhibit 2 (Redacted)

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2 Exhibit 3 (Redacted)

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3 Exhibit 4 (Redacted)

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4 Exhibit 5 (Redacted)

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5 Exhibit 7 (Redacted)

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6 Exhibit 8 (Redacted)

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7 Exhibit 9 (Redacted)

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8 Exhibit 10 (Redacted)

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9 Exhibit 11 (Redacted)

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10 Exhibit 12 (Redacted)

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11 Exhibit 13 (Redacted)

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12 Exhibit 14 (Redacted)

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13 Exhibit 15 (Redacted)

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14 Exhibit 16 (Redacted)

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15 Exhibit 17 (Redacted)

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16 Exhibit 18 (Redacted)

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17 Exhibit 19 (Redacted)

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18 Exhibit 20 (Redacted)

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19 Exhibit 21 (Redacted)

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20 Exhibit 22 (Redacted)

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21 Exhibit 23 (Redacted)

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22 Exhibit 24 (Redacted)

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23 Exhibit 25 (Redacted)

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24 Exhibit 26 (Redacted)

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25 Exhibit 27 (Redacted)

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26 Exhibit 29 (Redacted)

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27 Exhibit 30 (Redacted)

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28 Exhibit 31 (Redacted)

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29 Exhibit 33 (Redacted)

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Aug. 23, 2018 PACER
63

SEALED DOCUMENT re Sealed Declaration in SupportDeclaration,,,,, 50, Order on Motion for Leave to File Document Under Seal,,,, 56 filed by Plaintiff Gabriela N.. (Attachments: # 1 Exhibit 2 (Unredacted), # 2 Exhibit 3 (Unredacted), # 3 Exhibit 4 (Unredacted), # 4 Exhibit 5 (Unredacted), # 5 Exhibit 7 (Unredacted), # 6 Exhibit 8 (Unredacted), # 7 Exhibit 9 (Unredacted), # 8 Exhibit 10 (Unredacted), # 9 Exhibit 11 (Unredacted), # 10 Exhibit 12 (Unredacted), # 11 Exhibit 13 (Unredacted), # 12 Exhibit 14 (Unredacted), # 13 Exhibit 15 (Unredacted), # 14 Exhibit 16 (Unredacted), # 15 Exhibit 17 (Unredacted), # 16 Exhibit 18 (Unredacted), # 17 Exhibit 19 (Unredacted), # 18 Exhibit 20 (Unredacted), # 19 Exhibit 21 (Unredacted), # 20 Exhibit 22 (Unredacted), # 21 Exhibit 23 (Unredacted), # 22 Exhibit 24 (Unredacted), # 23 Exhibit 25 (Unredacted), # 24 Exhibit 26 (Unredacted), # 25 Exhibit 27 (Unredacted), # 26 Exhibit 28 (Unredacted), # 27 Exhibit 29 (Unredacted), # 28 Exhibit 30 (Unredacted), # 29 Exhibit 31 (Unredacted), # 30 Exhibit 32 (Unredacted), # 31 Exhibit 33 (Unredacted), # 32 Exhibit 34 (Unredacted), # 33 Declaration of Service)(Cieslak, Jon) (Entered: 08/23/2018)

Aug. 23, 2018 PACER
64

EX PARTE APPLICATION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Motion Hearing and R&R Deadlines,,,, Set/Reset Hearing,,, 61 filed by plaintiff Lucas R.. (Attachments: # 1 Declaration of Dr. Amy Cohen, # 2 Proposed Order resetting hearing) (Holguin, Carlos) (Entered: 08/27/2018)

1 Declaration of Dr. Amy Cohen

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2 Proposed Order resetting hearing

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Aug. 27, 2018 RECAP
65

Amendment to EX PARTE APPLICATION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Motion Hearing and R&R Deadlines,,,, Set/Reset Hearing,,, 61 64 corrected declaration re: notice filed by Plaintiff Lucas R.. (Holguin, Carlos) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
66

MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF LUCAS R.'S EX PARTE APPLICATION 64 by Judge Dolly M. Gee: Good cause appearing, the Court GRANTS Lucas R.'s Ex Parte Application that the Court decide the motion without a hearing. In addition, however, the Court orders Defendants to file, by September 4, 2018, a declaration from an official from the Office of Refugee Resettlement ("ORR") providing the identities and locations of: (1) the ORR Federal Field Specialist with responsibility for supervising the operations of Shiloh Residential Treatment Center (i.e., the location of Lucas R.'s confinement), and (2) the ORR Federal Field Specialist with responsibility for supervising the operations of St. Michael's Home for Children shelter facility (i.e., the location of Gabriela N.'s confinement). Lucas R.'s motion for preliminary injunction shall be taken under submission upon Defendants' filing of that declaration. The remainder of the Court's August 23, 2018 Order remains in full force and effect 61 .IT IS SO ORDERED. (See order for details.) (kti) (Entered: 08/28/2018)

Aug. 28, 2018 RECAP
67

OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 51 filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Declaration of Jonathan Mulligan In Support Of, # 2 Exhibit A - Redacted, # 3 Exhibit B - Redacted, # 4 Exhibit C - Redacted, # 5 Exhibit D - Redacted)(Welch, Leecia) (Entered: 08/29/2018)

1 Declaration of Jonathan Mulligan In Support Of

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2 Exhibit A - Redacted

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3 Exhibit B - Redacted

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4 Exhibit C - Redacted

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5 Exhibit D - Redacted

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Aug. 29, 2018 RECAP
68

APPLICATION to file document (s) in support of Opposition to Motion to Dismiss under seal filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 SEALED ATTACHMENT - Declaration of Megan Donohue in support of, # 2 SEALED ATTACHMENT - Exhibit A - Undredacted Document, # 3 SEALED ATTACHMENT - Exhibit B - Unredacted Document, # 4 SEALED ATTACHMENT - Exhibit C - Unredacted Document, # 5 SEALED ATTACHMENT - Exhibit D - Unredacted Document, # 6 Proposed Order, # 7 Certificate of Service)(Donohue, Megan) ** SEALED ATTACHMENTS 1 TO 5 PURSUANT TO THE ORDER OF 9/5/2018 74 ** Modified on 9/5/2018 (gk). (Entered: 08/29/2018)

6 Proposed Order

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7 Certificate of Service

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Aug. 29, 2018 PACER
69

APPLICATION to file document (s) in support of Opposition to Motion to Dismiss under seal filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Proposed Order, # 2 Redacted Document Exhibit A - Redacted, # 3 Redacted Document Exhibit B - Redacted, # 4 Redacted Document Exhibit C - Redacted, # 5 Redacted Document Exhibit D - Redacted)(Donohue, Megan) (Entered: 08/29/2018)

1 Proposed Order

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2 Redacted Document Exhibit A - Redacted

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3 Redacted Document Exhibit B - Redacted

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4 Redacted Document Exhibit C - Redacted

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5 Redacted Document Exhibit D - Redacted

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Aug. 29, 2018 RECAP
70

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (s) in support of Opposition to Motion to Dismiss under seal 69 filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Unredacted Document Ex A, # 2 Unredacted Document Ex B, # 3 Unredacted Document Ex C, # 4 Unredacted Document Ex D)(Donohue, Megan) (Entered: 08/29/2018)

Aug. 29, 2018 PACER
71

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Placement with Sponsor . Motion 48 filed by Defendants Alex Azar, E. Scott Lloyd. (Attachments: # 1 Exhibit Def Ex 62)(Insenga, Andrew) (Entered: 08/29/2018)

1 Exhibit Def Ex 62

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Aug. 29, 2018 RECAP
72

REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class 25 filed by Plaintiffs Jaime D., Gabriela N., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Holguin, Carlos) (Entered: 08/31/2018)

Aug. 31, 2018 RECAP
73

NOTICE of Filing of Declaration filed by Defendant Alex Azar, E. Scott Lloyd. in Accordance with Court's Order 66 (Attachments: # 1 Declaration)(Stevenson, Marina) (Entered: 09/04/2018)

1 Declaration

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Sept. 4, 2018 PACER
74

ORDER RE APPLICATION FOR LEAVE TO FILE UNDER SEAL DOCUMENTS SUBMITTED IN SUPPORT OF OPPOSITION TO MOTION TO DISMISS by Judge Dolly M. Gee: The Court GRANTS Plaintiffs' unopposed application for leave to file under seal portions of Exhibits A-D offered in support of their Opposition to the Motion to Dismiss 68, 69 . It is hereby ORDERED: (1) Pursuant to Local Rule 79-5.2.2(c), Plaintiffs shall e-file Docket Entry Nos. 70 -1 (Notice of Placement in Secure or Staff Secure Facility), 70 -3 (Placement Authorization), and 70 -4 (Authorization for Medical, Dental, and Mental Health Care) under seal within three days of the date of this Order. (2) Pursuant to Local Rule 79-5.2.2(c), Plaintiffs shall e-file a fully unredacted version of Docket Entry No. 70 -2 (UAC Assessment) under seal within three days of the date of this Order. (3) Plaintiffs shall refile on the public docket the redacted versions of the aforementioned documents (i.e., Docket Entry Nos. 69 -2, 69 -3, 69 -4, 69 -5) within three days of the date of this Order. (4) Docket Entry Nos. 68 -1, 68 -2, 68 -3, 68 -4, and 68 -5 (i.e., duplicative unredacted versions of the aforementioned documents) shall remain sealed. (5) The Court Clerk is DIRECTED to unseal Docket Entry Nos. 68, 68 -6, and 68 -7 as they do not contain the sensitive information that Plaintiffs intend to seal. (gk) (Entered: 09/05/2018)

Sept. 5, 2018 PACER
75

REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Placement with Sponsor . Motion 48 filed by Plaintiff Gabriela N.. (Welch, Leecia) (Entered: 09/05/2018)

Sept. 5, 2018 PACER
76

APPLICATION to file document under seal filed by Plaintiff Gabriela N.. (Attachments: # 1 Exhibit 35 Redacted, # 2 Exhibit 37 Redacted, # 3 Proposed Order)(Welch, Leecia) (Entered: 09/05/2018)

1 Exhibit 35 Redacted

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2 Exhibit 37 Redacted

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3 Proposed Order

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Sept. 5, 2018 RECAP
77

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 76 filed by Plaintiff Gabriela N.. (Attachments: # 1 Exhibit 35 Unredacted, # 2 Exhibit 36 Unredacted, # 3 Exhibit 37 Unredacted, # 4 Affidavit of Service)(Welch, Leecia) (Entered: 09/05/2018)

Sept. 5, 2018 PACER
78

REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case 51 filed by Defendants Alex Azar, E. Scott Lloyd. (Attachments: # 1 Exhibit Declaration of James De La Cruz)(Insenga, Andrew) (Entered: 09/05/2018)

1 Exhibit Declaration of James De La Cruz

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Sept. 5, 2018 PACER
79

MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF LUCAS R.S MOTION FOR PRELIMINARY INJUNCTION by Judge Dolly M. Gee: The Court DENIES, without prejudice, Lucas R.'s motion for preliminary injunction 29, due to lack of jurisdiction. This Order in no way precludes Lucas R. from seeking appropriate relief in the United States District Court for the Southern District of Texas against Office of Refugee Resettlement Federal Field Specialist Micaela Vergara. Court Reporter: Not Reported. (gk) (Entered: 09/06/2018)

Sept. 6, 2018 PACER
80

ORDER RE APPLICATION FOR LEAVE TO FILE UNDER SEAL CERTAIN DOCUMENTS by Judge Dolly M. Gee: The Court GRANTS Plaintiff Gabriela N.'s unopposed application for leave to file under seal Exhibit 36 and portions of Exhibits 35 and 37, which she offers in support of her Reply to the Opposition to her Motion for a Preliminary Injunction 76 . It is hereby ORDERED: (1) Pursuant to Local Rule 79-5.2.2(c), Plaintiff shall e-file under seal Docket Entry Nos. 77-1 (Exhibit 35Paola Perez's Declaration), 77-2 (Exhibit 36September 4, 2018 Letter to Niky Hymel), and 77-3 (Exhibit 37Gabriela N.'s Declaration) within three (3) days of the date of this Order; and (2) Plaintiff shall refile on the public docket the redacted documents found in Docket Entry Nos. 76-1 (Exhibit 35) and 76-2 (Exhibit 37) within three days of the date of this Order. (gk) (Entered: 09/07/2018)

Sept. 7, 2018 RECAP
81

FIRST AMENDED COMPLAINT against Defendants Alex Azar, E. Scott Lloyd amending Complaint (Attorney Civil Case Opening),,, 1, filed by Plaintiffs San Fernando Valley Refugee Children Center, Inc., Miguel Angel S., Unaccompanied Central American Refugee Empowerment, Daniela Marisol T., Gabriela N., Lucas R., Jaime D., Sirena P., Benjamin F.(Attorney Leecia Welch added to party Sirena P.(pty:pla), Attorney Leecia Welch added to party Benjamin F.(pty:pla))(Welch, Leecia) (Entered: 09/07/2018)

Sept. 7, 2018 RECAP
82

MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF GABRIELA N.'S MOTION FOR PRELIMINARY INJUNCTION 48 by Judge Dolly M. Gee: Accordingly, the Court DENIES, without prejudice, Gabriela N.'s motion for preliminary injunction, due to lack of jurisdiction. This Order in no way precludes Gabriela N. from seeking appropriate relief in the United States District Court for the Southern District of Texas against ORR Federal Field Specialist Niky Hymel. IT IS SO ORDERED. (See order for details.) (kti) (Entered: 09/10/2018)

Sept. 10, 2018 PACER
83

NOTICE filed by Plaintiffs Jaime D., Benjamin F., Gabriela N., Sirena P., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. Pursuant to this Court's Order (ECF 74) Notice of Filing of Redacted Exhibits iso Opposition to Motion to Dismiss (Attachments: # 1 Exhibit A Redacted, # 2 Exhibit B Redacted, # 3 Exhibit C Redacted, # 4 Exhibit D Redacted)(Donohue, Megan) (Entered: 09/10/2018)

1 Exhibit A Redacted

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2 Exhibit B Redacted

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3 Exhibit C Redacted

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4 Exhibit D Redacted

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Sept. 10, 2018 RECAP
84

SEALED DOCUMENT re Response in Opposition to Motion, 67, Order on Motion for Leave to File Document Under Seal,,,,,,,,,,, 74 filed by Plaintiffs Jaime D., Benjamin F., Gabriela N., Sirena P., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Exhibit A Unredacted, # 2 Exhibit B Unredacted, # 3 Exhibit C Unredacted, # 4 Exhibit D Unredacted, # 5 Affidavit of Service)(Donohue, Megan) (Entered: 09/10/2018)

Sept. 10, 2018 PACER
85

MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANTS' MOTION TO DISMISS AS MOOT 51 AND DENYING WITHOUT PREJUDICE PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 25 by Judge Dolly M. Gee: In light of Plaintiffs' FAC, the Court DENIES as moot Defendants' motion to dismiss. The Court further DENIES without prejudice Plaintiffs' motion for class certification. (See order for details.) (kti) (Entered: 09/10/2018)

Sept. 10, 2018 PACER
86

NOTICE of Filing of Redacted Exhibits in Support of Motion for Preliminary Injunction re Plaintiff Gabriela N. filed by Plaintiff Gabriela N.. (Attachments: # 1 Exhibit 35, # 2 Exhibit 37)(Cieslak, Jon) (Entered: 09/12/2018)

1 Exhibit 35

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2 Exhibit 37

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Sept. 12, 2018 RECAP
87

SEALED DOCUMENT re Reply (Motion related) 75, Order on Motion for Leave to File Document Under Seal,,, 80 filed by Plaintiff Gabriela N.. (Attachments: # 1 Exhibit 35 Unredacted, # 2 Exhibit 36 Unredacted, # 3 Exhibit 37 Unredacted, # 4 Affidavit of Service)(Cieslak, Jon) (Entered: 09/12/2018)

Sept. 12, 2018 PACER
88

EX PARTE APPLICATION to Proceed Using Pseudonyms filed by Plaintiffs Jaime D., Benjamin F., Gabriela N., Sirena P., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Declaration of Leecia Welch, # 2 Proposed Order) (Welch, Leecia) (Entered: 09/13/2018)

1 Declaration of Leecia Welch

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2 Proposed Order

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Sept. 13, 2018 RECAP
89

APPLICATION to file document under seal filed by Plaintiffs Jaime D., Benjamin F., Gabriela N., Sirena P., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Proposed Order)(Welch, Leecia) (Entered: 09/13/2018)

1 Proposed Order

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Sept. 13, 2018 PACER
90

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 89 filed by Plaintiffs Jaime D., Benjamin F., Gabriela N., Sirena P., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Exhibit A, # 2 Affidavit of Service)(Welch, Leecia) (Entered: 09/13/2018)

Sept. 13, 2018 PACER
91

Amended Certification and NOTICE of Interested Parties filed by Plaintiffs Jaime D., Benjamin F., Gabriela N., Sirena P., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment, (Welch, Leecia) (Entered: 09/13/2018)

Sept. 13, 2018 PACER
92

ORDER RE PLAINTIFFS' EX PARTE APPLICATION FOR LEAVE TO PROCEED USING PSEUDONYMS 88 by Judge Dolly M. Gee. (See order for details.) (kti) (Entered: 09/14/2018)

Sept. 14, 2018 PACER
93

ORDER RE APPLICATION TO FILE UNDER SEAL ATTACHMENT A TO APPLICATION TO USE PSEUDONYMS 89 by Judge Dolly M. Gee: The Court therefore GRANTS their request. Accordingly, it is hereby ORDERED that Plaintiffs are granted leave to file under seal Attachment A to the Application to Use Pseudonyms. Pursuant to Local Rule 79-5.2.2(c), Plaintiffs shall e-file Attachment A under seal within three (3) days of the date of this Order. IT IS SO ORDERED. (See order for details.) (kti) (Entered: 09/14/2018)

Sept. 14, 2018 PACER
94

Joint STIPULATION for Order for Proposed Briefing Schedule filed by Defendants Alex Azar, E. Scott Lloyd. (Attachments: # 1 Proposed Order)(Stevenson, Marina) (Entered: 09/17/2018)

1 Proposed Order

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Sept. 17, 2018 RECAP
95

SEALED DOCUMENT re Sealed Declaration in SupportDeclaration, 90, APPLICATION to file document under seal 89, Order on Motion for Leave to File Document Under Seal, 93 filed by Plaintiffs Jaime D., Benjamin F., Gabriela N., Sirena P., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Exhibit A, # 2 Affidavit of Service)(Attorney Jon F Cieslak added to party Benjamin F.(pty:pla), Attorney Jon F Cieslak added to party Sirena P.(pty:pla))(Cieslak, Jon) (Entered: 09/18/2018)

Sept. 18, 2018 PACER
96

ORDER RE JOINT STIPULATION FOR BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND DEFENDANTS' MOTION TO DISMISS 94 by Judge Dolly M. Gee. (See order for details.) (kti) (Entered: 09/18/2018)

Sept. 18, 2018 RECAP
97

NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Jaime D., Benjamin F., Gabriela N., Sirena P., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. Motion set for hearing on 11/2/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Memorandum, # 2 Declaration Leecia Welch, # 3 Notice of Lodgment, # 4 Exhibit Exhibit 1, # 5 Exhibit Exhibit 2, # 6 Exhibit Exhibit 3, # 7 Exhibit Exhibit 4, # 8 Exhibit Exhibit 5 - Part 1, # 9 Exhibit Exhibit 5 - Part 2, # 10 Exhibit Exhibit 6, # 11 Exhibit Exhibit 7, # 12 Exhibit Exhibit 8, # 13 Exhibit Exhibit 9, # 14 Exhibit Exhibit 10, # 15 Exhibit Exhibit 11, # 16 Exhibit Exhibit 12, # 17 Exhibit Exhibit 13, # 18 Exhibit Exhibit 14, # 19 Exhibit Exhibit 15, # 20 Exhibit Exhibit 16, # 21 Exhibit Exhibit 17, # 22 Exhibit Exhibit 18, # 23 Exhibit Exhibit 19, # 24 Exhibit Exhibit 20, # 25 Exhibit Exhibit 21, # 26 Exhibit Exhibit 22, # 27 Exhibit Exhibit 23, # 28 Exhibit Exhibit 24, # 29 Exhibit Exhibit 25, # 30 Exhibit Exhibit 26, # 31 Exhibit Exhibit 27, # 32 Exhibit Exhibit 28, # 33 Exhibit Exhibit 29, # 34 Exhibit Exhibit 30, # 35 Exhibit Exhibit 31, # 36 Exhibit Exhibit 32, # 37 Proposed Order, # 38 Certificate of Service) (Attorney Carlos Holguin added to party Benjamin F.(pty:pla), Attorney Carlos Holguin added to party Sirena P.(pty:pla)) (Holguin, Carlos) (Entered: 09/28/2018)

1 Memorandum

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2 Declaration Leecia Welch

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3 Notice of Lodgment

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4 Exhibit Exhibit 1

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5 Exhibit Exhibit 2

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6 Exhibit Exhibit 3

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7 Exhibit Exhibit 4

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8 Exhibit Exhibit 5 - Part 1

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9 Exhibit Exhibit 5 - Part 2

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10 Exhibit Exhibit 6

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11 Exhibit Exhibit 7

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12 Exhibit Exhibit 8

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13 Exhibit Exhibit 9

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14 Exhibit Exhibit 10

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15 Exhibit Exhibit 11

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16 Exhibit Exhibit 12

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17 Exhibit Exhibit 13

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18 Exhibit Exhibit 14

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19 Exhibit Exhibit 15

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20 Exhibit Exhibit 16

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21 Exhibit Exhibit 17

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22 Exhibit Exhibit 18

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23 Exhibit Exhibit 19

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24 Exhibit Exhibit 20

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25 Exhibit Exhibit 21

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26 Exhibit Exhibit 22

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27 Exhibit Exhibit 23

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28 Exhibit Exhibit 24

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29 Exhibit Exhibit 25

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30 Exhibit Exhibit 26

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31 Exhibit Exhibit 27

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32 Exhibit Exhibit 28

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33 Exhibit Exhibit 29

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34 Exhibit Exhibit 30

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35 Exhibit Exhibit 31

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36 Exhibit Exhibit 32

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37 Proposed Order

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38 Certificate of Service

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Sept. 28, 2018 PACER
98

APPLICATION for Leave to file documents under seal Exhibits to Motion for Class Certification filed by Plaintiffs Jaime D., Benjamin F., Gabriela N., Sirena P., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. Application set for hearing on 11/2/2018 at 09:30 AM before Magistrate Judge Paul L. Abrams. (Attachments: # 1 Attachments - Redacted Documents Exs 10-22, 24-27, # 2 Proposed Order, # 3 Certificate of Service) (Holguin, Carlos) (Entered: 09/28/2018)

1 Attachments - Redacted Documents Exs 10-22, 24-27

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2 Proposed Order

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3 Certificate of Service

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Sept. 28, 2018 PACER
99

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibits to Motion for Class Certification) under seal 26 filed by Plaintiffs Jaime D., Benjamin F., Gabriela N., Sirena P., Lucas R., Miguel Angel S., San Fernando Valley Refugee Children Center, Inc., Daniela Marisol T., Unaccompanied Central American Refugee Empowerment. (Attachments: # 1 Exhibit Unredacted Document Exs. 10-22, 24-27, # 2 Certificate of Service)(Holguin, Carlos) (Entered: 09/28/2018)

Sept. 28, 2018 PACER
100

SEALED DOCUMENT - (PER ORDER DATED 10/29/2018 121 ) NOTICE of Filing of Declaration filed by Defendants Alex Azar, E. Scott Lloyd. (Attachments: # 1 Declaration of James S. De La Cruz)(Stevenson, Marina) Modified on 10/30/2018 (cbr). (Entered: 09/28/2018)

Sept. 28, 2018 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

COVID-19 (novel coronavirus)

Key Dates

Filing Date: June 29, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Unaccompanied alien children detained in ORR custody and administered psychotropic drugs without parental consent whose parents or other custodians have completed a family reunification packet but who ORR claims are unfit.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Legal Services/Legal Aid

National Center for Youth Law

Center for Human Rights & Constitutional Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Health and Human Services (HHS), Federal

Office of Refugee Resettlement (ORR), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

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

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

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

Constitutional Clause(s):

Due Process

Freedom of speech/association

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to lawyers or judicial system

Assault/abuse by staff

Conditions of confinement

Family reunification

Habeas Corpus

Juveniles

Over/Unlawful Detention

Pepper/OC spray

Placement in detention facilities

Placement in mental health facilities

Placement in shelters

Disability:

Hearing impairment

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Mental health care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures

Family Separation