Case: M.M.M. v. Sessions

3:18-cv-01832 | U.S. District Court for the Southern District of California

Filed Date: July 27, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 27, 2018, a group of parents (filing under pseudonyms) filed this class action lawsuit on behalf of their minor migrant children in the District of Columbia. The plaintiffs sued the US Department of Homeland Security (DHS), US Immigration and Customs Enforcement (ICE), US Customs and Border Protection (CBP), US Citizenship and Immigration Services (USCIS), US Department of Health and Human Services (DHHS), and the Office of Refugee Resettlement (ORR) concerning the defendants’ alleged d…

On July 27, 2018, a group of parents (filing under pseudonyms) filed this class action lawsuit on behalf of their minor migrant children in the District of Columbia. The plaintiffs sued the US Department of Homeland Security (DHS), US Immigration and Customs Enforcement (ICE), US Customs and Border Protection (CBP), US Citizenship and Immigration Services (USCIS), US Department of Health and Human Services (DHHS), and the Office of Refugee Resettlement (ORR) concerning the defendants’ alleged denial of mandatory asylum procedures to minor migrant children such as the plaintiffs, who had been forcibly separated from their parents. Based on the preliminary injunction issued in a related case, Ms. L v. ICE, children and parents who had been separated would be reunified but would then be subject to the defendants’ policy of immediate deportation following reunification. The plaintiffs alleged this immediate removal would deprive these children of their individual rights to seek asylum prior to repatriation and thus violated their due process rights. The plaintiffs in this case, represented by private counsel, sued under the Immigration and Nationality Act (INA), the Fifth Amendment to the Constitution, the Administrative Procedure Act (APA), and the Mandamus Act. They sought injunctive and declaratory relief in the form of an order ending the defendants’ policy to remove families before granting minor migrant children access to asylum procedures they were entitled to by law. The case was assigned to Judge Paul L. Friedman.

On July 27, the plaintiffs also filed a motion for a temporary restraining order and preliminary injunction to prevent children from being removed before permitting them the opportunity to exercise their right to seek asylum.

The plaintiffs sought class certification to represent all non-citizens under the age of 18 who were separated from their parents or guardians on or after entry into the United States and who are, have, been, or will be detained by the US government any time since January 1, 2018.

Specifically, the plaintiffs in this lawsuit were six minor children under the age of 13 whose native language was Spanish, represented by their parents. All were seeking asylum in the United States from Honduras and Guatemala. All were forcibly separated upon arriving in the United States under the US government’s “zero tolerance policy” initiated in early 2018, under which migrant children who had crossed the border from Mexico with their families were separated and transferred to the custody of ORR to be detained. Following the injunction in the Ms. L case, all were reunited with their parents. However, while they were separated or immediately following reunification, these children’s parents, who had final removal orders, alleged that they were coerced into waiving their children's right to removal proceedings under the INA. Parents were offered the choice between reunification for the purpose of repatriation or repatriation without reunification, ignoring the children’s independent rights to seek asylum and implying that the only opportunity for family reunification was through repatriation. As a result, many parents chose to waive their children’s rights in order to be reunited with them, but once families were reunited, the US government further refused asylum procedures to these children, depriving them of their right to seek asylum separate from their parents’ requests. Furthermore, the plaintiffs alleged that these forms were only offered in English to parents who did not speak English and did not understand what they were signing.

The plaintiffs alleged they were also denied a separate alternative asylum procedure, the “credible fear” interview. But for the separation policy, the plaintiffs would have been subject to “expedited removal proceedings” requiring referral to an asylum officer for a “credible fear” interview if a migrant indicated fear of persecution. If a child migrant demonstrated “credible fear,” the finding normally would have extended to the parents. The same was true for parents who expressed “credible fear” on behalf of their children.

All six children expressed fear at being returned to their respective countries of origin for fear of violence against themselves or their parents. However, the defendants’ separation policy prevented these children from receiving these interviews or having their parents’ “credible fear” extended to them. Instead, the defendants transferred the children to ORR custody, treating them as “unaccompanied minors” and placing them in separate immigration proceedings. Post-reunification, they were not able to seek “credible fear” interviews in cases where they had been denied to the children who would otherwise have relied on their parents to seek asylum on their behalf, or where parents had first received a negative decision owing to being too distraught to meaningfully participate in their own interviews after separation from their children.

On July 30, the defendants responded to the complaint and requested to transfer venue to the Southern District of California, where the Ms. L case was being heard. Arguments for the temporary restraining order were heard on July 31. On August 3, Judge Friedman transferred the case to Judge Dana M. Sabraw in the Southern District of California. 319 F.Supp.3d 290. Judge Sabraw granted the plaintiffs’ motion for a temporary restraining order on August 16, 2018. 347 F.Supp.3d 526.

On October 5, the plaintiffs moved for preliminary approval of a proposed settlement, preliminary certification of the settlement class, and approval of class notice. This motion was unopposed and was granted on October 9th. The plaintiffs in this case and the Ms. L case were named as settlement class representatives and the settlement was approved pending a notice and fairness hearing.

The settlement included a parent class and a child class. Both classes included individuals who were separated from their parent or child and had been or would be reunified with their parent or child under the preliminary injunction issued in Ms. L. The settlement required that parents who initially received negative credible fear findings and had final orders of removal receive a good faith review of those findings, including a meeting with an asylum officer to present additional information. Children who had been issued their own Notice to Appear or were in independent removal proceedings would instead join their parents’ proceedings, and could be given their own credible fear interviews if those children also expressed fear of return. If the parent received a positive credible fear finding, their children would join their asylum proceedings in immigration court; if the parent received a negative finding, the children would be entitled to their own interview and if their finding was positive, they could pursue asylum in immigration court. The settlement did not provide any monetary relief for its members.

On October 10th, the plaintiffs moved for an emergency order requiring implementation of the settlement. The plaintiffs stated that, under the settlement, 60 class members currently in detention were due to have their asylum procedures immediately. These proceedings had not yet occurred because the defendants informed the plaintiffs that proceedings would not begin until the settlement was finally approved by the court.

Judge Sabraw granted the motion on October 18th, pointing to the agreement itself that indicated that the process detailed in the settlement agreement was to start “no later than 3 days” following the execution of documents requesting a credible fear interview, and that this portion of the agreement was not dependent on court approval. Over their objections, the defendants were ordered to begin the agreed-upon asylum process for those 60 members in detention who had executed the proper forms.

Judge Sabraw granted final approval of the settlement on Nov. 15, 2018, finding it to be fair, reasonable, and adequate. The court certified two settlement classes. The court designated the parent class as:

"All adult alien parents who entered the United States at or between designated ports of entry with their child(ren), and who, on or before the effective date of this agreement: (1) were detained in immigration custody by the DHS; (2) have a child who was or is separated from them by DHS and, on or after June 26, 2018, was housed in ORR custody, ORR foster care, or DHS custody, absent a determination that the parent is unfit or presents a danger to the child; and (3) have been (and whose child(ren) have been) continuously physically present within the United States since June 26, 2018, whether in detention or released. The class does not include alien parents with criminal histories or a communicable disease, or those encountered in the interior of the United States."
The court designated the children class as:
"All alien children who are under the age of 18 on the effective date of this agreement who: (1) entered the United States at or between designated ports of entry with an alien parent, and who were separated from their parents, on or before the effective date of this settlement agreement; (2) have been or will be reunified with that parent pursuant to the preliminary injunction issued by the Court in Ms. L v. U.S. Immigration and Customs Enforcement, No. 18-428 (S.D. Cal. June 26, 2018); and (3) have been continuously physically present in the United States since June 26, 2018."
On February 22, 2019, pursuant to the plaintiffs' earlier motion to enforce the settlement, Judge Sabraw ordered defense counsel to advise ICE that class members subject to the settlement may not be removed without first providing them with notice of the settlement and an opportunity to decide whether they wish to take advantage of the settlement procedures or waive them.

The case is ongoing.

Summary Authors

Rachel Czwartacky (10/24/2018)

Virginia Weeks (11/17/2018)

Alexandra Gilewicz (1/31/2019)

Sam Kulhanek (5/15/2020)

Related Cases

Ms. L. v. U.S. Immigration and Customs Enforcement, Southern District of California (2018)

Dora v. Sessions, District of Columbia (2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7608693/parties/mmm-v-sessions/


Judge(s)

Dembin, Mitchell D (California)

Friedman, Paul L. (District of Columbia)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Armas, Oliver J. (New York)

Bernick, Justin W. (District of Columbia)

Best, Zachary W. (District of Columbia)

Costello-Essig, Haley K. (Virginia)

Feinberg, Ira M. (New York)

Maddigan, Michael M. (California)

Nelson, Katherine A. (Colorado)

Judge(s)

Dembin, Mitchell D (California)

Friedman, Paul L. (District of Columbia)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Armas, Oliver J. (New York)

Bernick, Justin W. (District of Columbia)

Best, Zachary W. (District of Columbia)

Costello-Essig, Haley K. (Virginia)

Feinberg, Ira M. (New York)

Maddigan, Michael M. (California)

Nelson, Katherine A. (Colorado)

Weymouth, Theodore Clark (District of Columbia)

Attorneys(s) for Defendant

Barmeyer, Wilson G. (District of Columbia)

Fabian, Sarah B. (District of Columbia)

Fleming, John Howard (Georgia)

Olsen, Aaron (California)

Robins, Jeffrey S (District of Columbia)

Stewart, Scott Grant (District of Columbia)

Yuh, Briana (District of Columbia)

Documents in the Clearinghouse

Document

3:18-cv-01832

Docket [PACER]

M.M.M v. Sessions

March 6, 2020

March 6, 2020

Docket
4

3:18-cv-01832

Complaint

July 27, 2018

July 27, 2018

Complaint
25

3:18-cv-01832

Opinion

M.M.M v. Sessions

U.S. District Court for the District of Columbia

Aug. 3, 2018

Aug. 3, 2018

Order/Opinion
55

3:18-cv-01832

Order Granting Plaintiffs' Motion for Temporary Restraining Order

Aug. 16, 2018

Aug. 16, 2018

Order/Opinion
73

3:18-cv-01832

Settlement Agreement

Oct. 5, 2018

Oct. 5, 2018

Settlement Agreement
73-1

3:18-cv-01832

Notice of Proposed Settlement and Settlement Election Form

M.M.M v. Sessions

Oct. 5, 2018

Oct. 5, 2018

Pleading / Motion / Brief
75

3:18-cv-01832

Order Granting Preliminary Approval of Proposed Settlement; Preliminary Certifying the Settlement Classes; and Approving the Class Notice

M.M.M v. Sessions

Oct. 9, 2018

Oct. 9, 2018

Order/Opinion
87

3:18-cv-01832

Order on Plaintiffs' Emergency Motion to Require Implementation of Settlement Agreement

M.M.M v. Sessions

Oct. 18, 2018

Oct. 18, 2018

Order/Opinion
99

3:18-cv-01832

Order Certifying the Settlement Classes and Granting Final Approval of Class Action Settlement

M.M.M v. Sessions

Nov. 15, 2018

Nov. 15, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7608693/mmm-v-sessions/

Last updated Aug. 30, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link

Summons Issued

July 27, 2018

July 27, 2018

PACER

SUMMONS (15) Issued as to ALEX AZAR, DANIEL A. BIBLE, L. FRANCIS CISSNA, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, OFFICE OF REFUGEE RESETTLEMENT, JEFFERSON BEAUREGARD SESSIONS, III, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD VITIELLO and U.S. Attorney (zrdj) [Transferred from District of Columbia on 8/6/2018.]

July 27, 2018

July 27, 2018

PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- T. Clark Weymouth, :Firm- Hogan Lovells US LLP, :Address- 555 Thirteenth Street, NW, Washington, D.C. 20004. Phone No. - (202) 637-8633. Fee Status: No Fee Paid. by G.C.H., I.A.T., L.C.O., M.M.M, N.B., P.A.P. (zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- ZACHARY W. BEST, :Firm- Hogan Lovells US LLP, :Address- 555 Thirteenth Street, NW, Washington, D.C. 20004. Phone No. - (202) 637-6473. Fee Status: No Fee Paid. by G.C.H., I.A.T., L.C.O., M.M.M, N.B. (zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- OLIVER J. ARMAS, :Firm- Hogan Lovells US LLP, :Address- 875 Third Avenue, New York, NY 10022. Phone No. - (212) 918-3020. Fee Status: No Fee Paid. by G.C.H., I.A.T., L.C.O., M.M.M, N.B. (zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- IRA M. FEINBERG, :Firm- Hogan Lovells US LLP, :Address- 875 Third Avenue, New York, NY 10022. Phone No. - (212) 918-3509. Fee Status: No Fee Paid. by G.C.H., I.A.T., L.C.O., M.M.M, N.B. (zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- KATHERINE A. NELSON, :Firm- Hogan Lovells US LLP, :Address- 1601 Wewatta Street, Suite 900, Denver, CO 80202. Phone No. - (303) 454-2539. Fee Status: No Fee Paid. by G.C.H., I.A.T., L.C.O., M.M.M, N.B., P.A.P. (zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
8

Certificate of Compliance with Local Rule 65.1 by G.C.H., I.A.T., L.C.O., M.M.M, N.B., P.A.P. (zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
7

MOTION for Expedited Hearing re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by G.C.H., I.A.T., L.C.O., M.M.M, N.B., P.A.P. (zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
6

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by G.C.H., I.A.T., L.C.O., M.M.M, N.B., P.A.P. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - L.A.A. Declaration, # 3 Exhibit 2 - I.A.T. Declaration, # 4 Exhibit 3 - G.M.A. Declaration, # 5 Exhibit 4 - D.B.G. Declaration, # 6 Exhibit 5 - A.M.C. Declaration, # 7 Exhibit 6 - J.M.A Declaration, # 8 Exhibit 7 - Manoj Govindaiah Affidavit-, # 9 Exhibit 8 - Shalyn Fluharty Declaration, # 10 Text of Proposed Order Preliminary Injunction, # 11 Text of Proposed Order TRO)(zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

1 Memorandum in Support

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2 Exhibit 1 - L.A.A. Declaration

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3 Exhibit 2 - I.A.T. Declaration

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4 Exhibit 3 - G.M.A. Declaration

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5 Exhibit 4 - D.B.G. Declaration

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6 Exhibit 5 - A.M.C. Declaration

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7 Exhibit 6 - J.M.A Declaration

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8 Exhibit 7 - Manoj Govindaiah Affidavit-

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9 Exhibit 8 - Shalyn Fluharty Declaration

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10 Text of Proposed Order Preliminary Injunction

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11 Text of Proposed Order TRO

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July 27, 2018

July 27, 2018

RECAP
5

NOTICE OF RELATED CASE by G.C.H., I.A.T., L.C.O., M.M.M, N.B., P.A.P.. Case related to Case No. 18-1458-PLF. (zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

RECAP
4

COMPLAINT against ALEX AZAR, DANIEL A. BIBLE, L. FRANCIS CISSNA, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, OFFICE OF REFUGEE RESETTLEMENT, JEFFERSON BEAUREGARD SESSIONS, III, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD VITIELLO filed by I.A.T., M.M.M, L.C.O., N.B., P.A.P., G.C.H. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

1 Exhibit 1

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2 Civil Cover Sheet

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July 27, 2018

July 27, 2018

RECAP
3

SEALED DOCUMENT filed by G.C.H., I.A.T., L.C.O., M.M.M, N.B., P.A.P.. re 1 MOTION for Leave to File Under Pseudonym filed by N.B., G.C.H., I.A.T., M.M.M, L.C.O., P.A.P. (This document is SEALED and only available to authorized persons.)(zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
2

MEMORANDUM AND ORDER granting 1 Motion for Leave to File Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 7/27/2018. (zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

RECAP
1

MOTION for Leave to File Under Pseudonym by G.C.H., I.A.T., L.C.O., M.M.M, N.B., P.A.P. (Attachments: # 1 Text of Proposed Order)(zrdj) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/27/2018)

1 Text of Proposed Order

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July 27, 2018

July 27, 2018

RECAP

Set/Reset Hearings: TRO Motion Hearing set for 7/31/2018 at 4:00 PM in Courtroom 29A before Judge Paul L. Friedman. (gdf) [Transferred from District of Columbia on 8/6/2018.]

July 30, 2018

July 30, 2018

PACER

Filing Fee Received

July 30, 2018

July 30, 2018

PACER

MINUTE ORDER denying without prejudice Motion 12 for Leave to Appear Pro Hac Vice of Zachary W. Best and Motion 13 for Leave to Appear Pro Hac Vice of Theodore Clark Weymouth. Counsel are advised to review Local Civil Rule 83.2, in particular 83.2(c)(2). Signed by Judge Paul L. Friedman on July 30, 2018.(MA) [Transferred from District of Columbia on 8/6/2018.]

July 30, 2018

July 30, 2018

PACER

Order

July 30, 2018

July 30, 2018

PACER

MINUTE ORDER granting Motion 9 for Leave to Appear Pro Hac Vice of Katherine A. Nelson, Motion 10 for Leave to Appear Pro Hac Vice of Ira M. Feinberg, and Motion 11 for Leave to Appear Pro Hac Vice of Oliver J. Armas, on behalf of plaintiffs. Signed by Judge Paul L. Friedman on July 30, 2018. (MA) [Transferred from District of Columbia on 8/6/2018.]

July 30, 2018

July 30, 2018

PACER

MINUTE ORDER. The parties shall appear for a hearing on plaintiff' motion 6 for a temporary restraining order on Tuesday, July 31, 2018 at 4:00 p.m. in Courtroom 29A. The parties shall be prepared to argue the TRO motion. The parties shall also be prepared to discuss whether the relief sought is already covered by orders issued by Judge Sabraw in the class action pending in San Diego and, relatedly, whether this case should be transferred to Judge Sabraw. Signed by Judge Paul L. Friedman on July 30, 2018. (MA) [Transferred from District of Columbia on 8/6/2018.]

July 30, 2018

July 30, 2018

PACER
15

Memorandum in opposition to re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by ALEX AZAR, DANIEL A. BIBLE, L. FRANCIS CISSNA, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, OFFICE OF REFUGEE RESETTLEMENT, JEFFERSON BEAUREGARD SESSIONS, III, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD VITIELLO. (Attachments: # 1 Exhibit)(Robins, Jeffrey) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER

Transfer Document

July 30, 2018

July 30, 2018

PACER
14

NOTICE of Appearance by Jeffrey S Robins on behalf of All Defendants (Robins, Jeffrey) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER

Set/Reset Hearings

July 30, 2018

July 30, 2018

PACER

Filing fee received for Pro Hac Vice Motions for Theodore Clark Weymouth, Zachary W. Best, Oliver J. Armas, Ira M. Feinberg and Katherine A. Nelson: $ 500.00, receipt number: 4616093832. (ztd) [Transferred from District of Columbia on 8/6/2018.]

July 30, 2018

July 30, 2018

PACER

Filing fee received: $ 400.00, receipt number: 4616093831. (ztd) [Transferred from District of Columbia on 8/6/2018.]

July 30, 2018

July 30, 2018

PACER

Motion Hearing

July 31, 2018

July 31, 2018

PACER

Minute Entry for proceedings held before Judge Paul L. Friedman: Motion Hearing held on 7/31/2018, re 6 MOTION for Temporary Restraining Order. Oral argument heard and order forthcoming via chambers. (Court Reporter: Patricia Kaneshiro-Miller) (gdf) [Transferred from District of Columbia on 8/6/2018.]

July 31, 2018

July 31, 2018

PACER
16

NOTICE of Appearance by Scott Grant Stewart on behalf of All Defendants (Stewart, Scott) [Transferred from District of Columbia on 8/6/2018.] (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
19

MEMORANDUM by ALEX AZAR, DANIEL A. BIBLE, L. FRANCIS CISSNA, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, OFFICE OF REFUGEE RESETTLEMENT, JEFFERSON BEAUREGARD SESSIONS, III, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD VITIELLO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Yuh, Briana) [Transferred from District of Columbia on 8/6/2018.] (Entered: 08/01/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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Aug. 1, 2018

Aug. 1, 2018

RECAP

Order

Aug. 1, 2018

Aug. 1, 2018

PACER
18

REPLY to opposition to motion re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by G.C.H., I.A.T., L.C.O., M.M.M, N.B., P.A.P.. (Attachments: # 1 Exhibit Exhibit 1 to Plaintiffs' Reply in Support of Motion for Temporary Restraining Order, # 2 Certificate of Service)(Bernick, Justin) [Transferred from District of Columbia on 8/6/2018.] (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER

Set/Reset Deadlines

Aug. 1, 2018

Aug. 1, 2018

PACER
17

NOTICE of Appearance by Briana Faith Yuh on behalf of All Defendants (Yuh, Briana) [Transferred from District of Columbia on 8/6/2018.] (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER

Set/Reset Deadlines: Supplement brief due 8/1/2018, by 5:00 pm. (gdf) [Transferred from District of Columbia on 8/6/2018.]

Aug. 1, 2018

Aug. 1, 2018

PACER

MINUTE ORDER. The parties are directed to file supplemental briefs addressing the transfer and venue issues raised at the hearing of July 31, 2018, by 5:00 p.m. today. Signed by Judge Paul L. Friedman on August 1, 2018. (MA) [Transferred from District of Columbia on 8/6/2018.]

Aug. 1, 2018

Aug. 1, 2018

PACER
23

SUPPLEMENTAL Response to Defendants' Supplemental Brief in Support of Defendants' Motion to Transfer Venue re Minute Order on Motion for Leave to File, Minute Order filed by G.C.H., I.A.T., L.C.O., M.M.M, N.B., P.A.P.. (ztd) [Transferred from District of Columbia on 8/6/2018.] (Entered: 08/03/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER

Order on Motion for Leave to File Document

Aug. 2, 2018

Aug. 2, 2018

PACER
21

TRANSCRIPT OF PROCEEDINGS before Judge Paul L. Friedman held on July 31, 2018; Page Numbers: 1-46. Date of Issuance:August 2, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/23/2018. Redacted Transcript Deadline set for 9/2/2018. Release of Transcript Restriction set for 10/31/2018.(pk) [Transferred from District of Columbia on 8/6/2018.] (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER

MINUTE ORDER granting 20 plaintiffs' motion for leave to file response to defendants' supplemental brief in support of defendants' motion to transfer venue. Signed by Judge Paul L. Friedman on August 2, 2018. (MA) [Transferred from District of Columbia on 8/6/2018.]

Aug. 2, 2018

Aug. 2, 2018

PACER
20

MOTION for Leave to File Plaintiffs' Response to Defendants' Supplemental Brief in Support of Defendants' Motion to Transfer Venue by G.C.H., I.A.T., L.C.O., M.M.M, N.B., P.A.P. (Attachments: # 1 Exhibit Plaintiffs' Response to Defendants' Supplemental Brief in Support of Defendants' Motion to Transfer Venue, # 2 Certificate of Service)(Bernick, Justin) [Transferred from District of Columbia on 8/6/2018.] (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
27

Judge Dana M. Sabraw and Magistrate Judge Bernard G. Skomal assigned to transfer case from District of Columbia. (no document attached) (sjt) (Entered: 08/06/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER

Transfer Document

Aug. 3, 2018

Aug. 3, 2018

PACER
25

OPINION granting defendants' motion to transfer venue 19 . Signed by Judge Paul L. Friedman on August 3, 2018. (lcplf1) [Transferred from District of Columbia on 8/6/2018.] (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

RECAP

Case transferred as to Counts I, II, and III of the complaint to the USDC for the Southern District of California, pursuant to Court Order entered 08/03/2018. Sent to Court Electronically. (zrdj) [Transferred from District of Columbia on 8/6/2018.]

Aug. 3, 2018

Aug. 3, 2018

PACER
24

ORDER granting defendants' motion to transfer venue 19 . Count IV of the complaint is severed from Counts I, II, and III, and this case with those three claims will be transferred immediately, without any waiting period, to the United States District Court for the Southern District of California to be assigned, with his consent, to the Honorable Dana M. Sabraw. Signed by Judge Paul L. Friedman on August 3, 2018. (lcplf1) [Transferred from District of Columbia on 8/6/2018.] (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
22

NOTICE of Appearance by Zachary W. H. Best on behalf of All Plaintiffs (Best, Zachary) [Transferred from District of Columbia on 8/6/2018.] (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
28

NOTICE of Appearance by Sarah B. Fabian on behalf of Alex Azar, DANIEL A. BIBLE, L. FRANCIS CISSNA, Scott Lloyd, Kevin K. McAleenan, KIRSTJEN NIELSEN, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Ronald Vitiello (Fabian, Sarah)Attorney Sarah B. Fabian added to party Alex Azar(pty:dft), Attorney Sarah B. Fabian added to party DANIEL A. BIBLE(pty:dft), Attorney Sarah B. Fabian added to party L. FRANCIS CISSNA(pty:dft), Attorney Sarah B. Fabian added to party Scott Lloyd(pty:dft), Attorney Sarah B. Fabian added to party Kevin K. McAleenan(pty:dft), Attorney Sarah B. Fabian added to party KIRSTJEN NIELSEN(pty:dft), Attorney Sarah B. Fabian added to party Office of Refugee Resettlement(pty:dft), Attorney Sarah B. Fabian added to party Jefferson Beauregard Sessions, III(pty:dft), Attorney Sarah B. Fabian added to party U.S. Citizenship and Immigration Services(pty:dft), Attorney Sarah B. Fabian added to party U.S. Customs and Border Protection(pty:dft), Attorney Sarah B. Fabian added to party U.S. Department of Health and Human Services(pty:dft), Attorney Sarah B. Fabian added to party United States Department of Homeland Security(pty:dft), Attorney Sarah B. Fabian added to party United States Immigration and Customs Enforcement(pty:dft), Attorney Sarah B. Fabian added to party Ronald Vitiello(pty:dft) (aef). (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
26

Case transferred in from District of District of Columbia; Case Number 1:18-cv-01759. Original file received electronically (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
36

NOTICE of Appearance by Justin W. Bernick on behalf of G.C.H., I.A.T., L.C.O., M.M.M., N.B., P.A.P. (Attachments: # 1 Proof of Service)(Bernick, Justin)Attorney Justin W. Bernick added to party G.C.H.(pty:pla), Attorney Justin W. Bernick added to party I.A.T.(pty:pla), Attorney Justin W. Bernick added to party L.C.O.(pty:pla), Attorney Justin W. Bernick added to party M.M.M.(pty:pla), Attorney Justin W. Bernick added to party N.B.(pty:pla), Attorney Justin W. Bernick added to party P.A.P.(pty:pla) Modified on 8/8/2018-Notified attorney re filing PHV application (aef). (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
35

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11534909.) (Application to be reviewed by Clerk.) (Nelson, Katherine) Modified on 8/8/2018 - Atty to refile re missing signature. (mdc) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
34

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11534889.) (Application to be reviewed by Clerk.) (Weymouth, Theodore (T.)) Modified on 8/8/2018 - Atty to refile re missing signature. (mdc) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
33

SUPPLEMENTAL DOCUMENT by M.M.M. re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Exhibit A to Plaintiffs' Supplemental Memorandum of Law in Support of Motion for Temporary Restraining Order. (Maddigan, Michael) (aef). (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

RECAP
32

SUPPLEMENTAL DOCUMENT by Ms. C., Ms. L. Ms. L. Plaintiffs' Memorandum Regarding Reunification Forms. (Amdur, Spencer) (aef). (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
31

SUPPLEMENTAL DOCUMENT by M.M.M. re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Plaintiffs' Supplemental Memorandum of Law in Support of Motion for Temporary Restraining Order. (Maddigan, Michael) (aef). (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
30

NOTICE of Appearance by Michael M. Maddigan on behalf of M.M.M. (Maddigan, Michael)Attorney Michael M. Maddigan added to party M.M.M.(pty:pla) (aef). (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
29

MINUTE ORDER OF TRANSFER. Pursuant to related case 18CV0428-DMS-MDD, case reassigned to Magistrate Judge Mitchell D. Dembin for all further proceedings. The new case number is 18cv1832-DMS-MDD. Case association to 18cv428-DMS-MDD created.(no document attached) (sjt) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
47

ORDER Approving the Pro Hac Vice Application of Zachary W. H. Best (Re: Doc. No. 40 Request to Appear Pro Hac Vice). Signed by Judge Dana M. Sabraw on 8/8/2018.(All non-registered users served via U.S. Mail Service)(jrd) (Entered: 08/09/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
46

ORDER Approving the Pro Hac Vice Application of Justin W. Bernick (Re: Doc. No. 37 Request to Appear Pro Hac Vice). Signed by Judge Dana M. Sabraw on 8/8/2018.(All non-registered users served via U.S. Mail Service)(jrd) (Entered: 08/09/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
45

ORDER Approving the Pro Hac Vice Application of Theodore (T.) Clark Weymouth (Re: Doc. No. 38 Request to Appear Pro Hac Vice). Signed by Judge Dana M. Sabraw on 8/8/2018.(All non-registered users served via U.S. Mail Service)(jrd) (Entered: 08/09/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
44

ORDER Approving the Pro Hac Vice Application of Katherine A. Nelson (Re: Doc. No. 39 Request to Appear Pro Hac Vice). Signed by Judge Dana M. Sabraw on 8/8/2018.(All non-registered users served via U.S. Mail Service)(jrd) (Entered: 08/09/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
42

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Motion Hearing) held on 8/8/2018, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (Transcript filed in case numbers 3:18-cv-00428-DMS-MDD, 3:18-cv-01626-DMS-JLB, and 3:18-cv-01832-DMS-MDD.) (All non-registered users served via U.S. Mail Service. Notice of electronic filing only.) (akr) (Entered: 08/09/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
41

Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 8/8/2018 re MOTION for Temporary Restraining Order filed by N.B., G.C.H., I.A.T., L.C.O., P.A.P., M.M.M. All counsel appearing telephonically. Court to issue order.(Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Zachary Best, Justin Bernick). (Defendant Attorney Scott Stewart, Sarah Fabian). (Lee Gelernt for plaintiffs in 18cv0428-DMS (Ms. L) and Jennifer Levy and Charles Reiter for plaintiffs in 18cv1626-DMS (N.T.C.)).(no document attached) (jak) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
40

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11535794.) (Application to be reviewed by Clerk.) (Best, Zachary) (mdc) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
39

Request to Appear Pro Hac Vice, (Filing fee received: $ 206 receipt number 0974-11534909 - See 35 .) (Application to be reviewed by Clerk.) (Nelson, Katherine) Modified text on 8/8/2018 re filing fee info. (mdc) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
38

Request to Appear Pro Hac Vice, ( Filing fee received: $ 206 receipt number 0974-11534889 - See 34 .) (Application to be reviewed by Clerk.) (Weymouth, Theodore (T.)) Modified text on 8/8/2018 re filing fee info. (mdc) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
37

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11535623.) (Application to be reviewed by Clerk.) (Bernick, Justin) (mdc) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
48

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11541200.) (Application to be reviewed by Clerk.) (Costello-Essig, Haley) (mdc) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
43

NOTICE of Appearance by Ira M. Feinberg on behalf of G.C.H., I.A.T., L.C.O., M.M.M., N.B., P.A.P. (Attachments: # 1 Proof of Service)(Feinberg, Ira) (aef). (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
50

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 8/10/2018. All parties appeared telephonically. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Zachary Best, Justin Bernick). (Defendant Attorney Sarah Fabian, Scott Stewart). (Lee Gelernt for plaintiffs in 18cv0428-DMS (Ms. L), Charles Reiter, Jennifer Levy and Gregory Copeland for plaintiffs in 18cv1626-DMS (N.T.C.)). (no document attached) (jak) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
49

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11548604.) (Application to be reviewed by Clerk.) (Armas, Oliver) (mdc) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
53

ORDER Approving the Pro Hac Vice Application of Oliver J. Armas (Re: Doc. No. 49 Request to Appear Pro Hac Vice). Signed by Judge Dana M. Sabraw on 8/13/2018.(jrd) (Entered: 08/14/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
52

ORDER Approving the Pro Hac Vice Application of Haley K. Costello-Essig (Re: Doc. No. 48 Request to Appear Pro Hac Vice). Signed by Judge Dana M. Sabraw on 8/13/2018.(jrd) (Entered: 08/14/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
51

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 8/10/2018, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/4/2018. Redacted Transcript Deadline set for 9/13/2018. Release of Transcript Restriction set for 11/12/2018. (Transcript filed in case numbers 3:18-cv-00428-DMS-MDD, 3:18-cv-01626-DMS-JLB, and 3:18-cv-01832-DMS-MDD.) (All non-registered users served via U.S. Mail Service. Notice of electronic filing only.) (akr) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
55

ORDER Granting 6 Plaintiffs' Motion for Temporary Restraining Order. The Court hereby GRANTS Plaintiffs' motion for a temporary restraining order. A status conference will be held on August 24, 2018, at 1:00 p.m. Signed by Judge Dana M. Sabraw on 8/16/2018. (aef) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

RECAP
54

NOTICE of Plaintiffs' Response to Defendants' Plan for Reunification of Separated Minors with Removed Parents by G.C.H., I.A.T., L.C.O., M.M.M., N.B., P.A.P. (Attachments: # 1 Proof of Service)(Maddigan, Michael) (aef). (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
57

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 8/17/2018 before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/7/2018. Redacted Transcript Deadline set for 9/17/2018. Release of Transcript Restriction set for 11/15/2018. (Transcript filed in case numbers 3:18-cv-00428-DMS-MDD, 3:18-cv-01626-DMS-JLB, and 3:18-cv-01832-DMS-MDD.) (akr) (Entered: 08/20/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
56

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 8/17/2018. All counsel appeared telephonically. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Justin Bernick, Zachary Best). (Defendant Attorney Sarah Fabian, Scott Stewart, August Flentje). (Lee Gelernt for plaintiffs in 18cv0428-DMS).. (no document attached) (jak) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
58

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 8/24/2018. All counsel appeared telephonically. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Zachary Best, Justin Bernick). (Defendant Attorney Scott Stewart, Sarah Fabian). (For Plaintiffs in 18cv0428 Ms. L - Lee Gelernt, Stephen Kang. For Plaintiffs in 18cv1626-DMS NTC - Jennifer Levy, Harrison (Buzz) Frahn).(no document attached) (jak) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
59

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/24/2018, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/17/2018. Redacted Transcript Deadline set for 9/27/2018. Release of Transcript Restriction set for 11/26/2018. (Transcript filed in case numbers 3:18-cv-00428-DMS-MDD, 3:18-cv-01626-DMS-JLB, and 3:18-cv-01832-DMS-MDD.) (akr) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
62

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 8/31/2018, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/21/2018. Redacted Transcript Deadline set for 10/1/2018. Release of Transcript Restriction set for 11/29/2018. (Transcript filed in case numbers 3:18-cv-00428-DMS-MDD, 3:18-cv-01626-DMS-JLB, and 3:18-cv-01832-DMS-MDD.) (akr) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
61

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 8/31/2018. All counsel appeared telephonically. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Justin Bernick, T. Weymouth). (Defendant Attorney Scott Stewart, Sarah Fabian). (For Plaintiffs in 18cv0428 Ms. L - Lee Gelernt). For Plaintiffs in 18cv1626-DMS NTC - Jennifer Levy).(no document attached) (lrf) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
60

NOTICE of Plaintiffs' Response to Joint Status Report by G.C.H., I.A.T., L.C.O., M.M.M., N.B., P.A.P. (Attachments: # 1 Proof of Service)(Maddigan, Michael) (aef). (Entered: 08/31/2018)

1 Proof of Service

View on PACER

Aug. 31, 2018

Aug. 31, 2018

PACER
64

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 9/7/2018, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/28/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/6/2018. (Transcript filed in case numbers 3:18-cv-00428-DMS-MDD, 3:18-cv-01626-DMS-JLB, and 3:18-cv-01832-DMS-MDD.) (akr) (Entered: 09/10/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
63

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Hearing held on 9/7/2018. All parties appeared telephonically. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Zachary Best, Justin Bernick). (Defendant Attorney Scott Stewart and Sarah Fabian). (Lee Gelernt for plaintiffs in 18cv0428-DMS, Jennifer Levy for plaintiffs in 18cv1626-DMS).(no document attached) (jak) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
65

NOTICE LODGING AGREEMENT FOR COURTS APPROVAL by Alex Azar, Daniel A. Bible, L. Francis Cissna, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Ronald Vitiello (Attachments: # 1 Exhibit)(Fabian, Sarah)(aef). (Entered: 09/12/2018)

1 Exhibit

View on PACER

Sept. 12, 2018

Sept. 12, 2018

PACER
66

NOTICE re: Rule 23(e) Requirements by Catholic Charities Community Services of the Archdiocese of New York re 65 Notice (Other),, (Glynn, Katie)Attorney Katie Rose Glynn added to party Catholic Charities Community Services of the Archdiocese of New York(pty:ip) (aef). (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

RECAP
67

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 9/14/2018, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/9/2018. Redacted Transcript Deadline set for 10/19/2018. Release of Transcript Restriction set for 12/17/2018. (Transcript filed in case numbers 3:18-cv-00428-DMS-MDD, 3:18-cv-01626-DMS-JLB, and 3:18-cv-01832-DMS-MDD.) (akr) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 9/21/2018, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/12/2018. Redacted Transcript Deadline set for 10/22/2018. Release of Transcript Restriction set for 12/20/2018. (Transcript filed in case numbers 3:18-cv-00428-DMS-MDD, 3:18-cv-01626-DMS-JLB, and 3:18-cv-01832-DMS-MDD.) (akr) (Entered: 09/24/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
68

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 9/21/2018. All parties appeared telephonically. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Justin Bernick). (Defendant Attorney Scott Stewart, Sarah Fabian). (For Plaintiffs in 18cv0428-DMS Ms. L.: Anand Balakrishnan, Stephen Kang. For Plaintiffs in 18cv1626-DMS NTC: Jennifer Levy. For Plaintiffs in 18cv1769-DMS RGH: Rex Chen, Caroline Heller, Jack McBride. For Plaintiffs in Dora case: Sirine Shebaya, Wilson Barmeyer). (no document attached) (jak) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
70

MOTION to Withdraw as Attorney by Alex Azar, Daniel A. Bible, Catholic Charities Community Services of the Archdiocese of New York, L. Francis Cissna, Scott Lloyd, Kevin K. McAleenan, Ms. C., Ms. L., Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Ronald Vitiello. (Yuh, Briana) (aef). (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

RECAP
71

STATUS REPORT re: Stipulated Extension of Time to Answer Complaint by Alex Azar, Daniel A. Bible, L. Francis Cissna, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Ronald Vitiello. (Robins, Jeffrey) (aef). (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

RECAP
72

ORDER Granting 71 Joint Stipulated Extension of Time for Defendants to Answer Plaintiffs' Complaint. IT IS HEREBY ORDERED that Defendants answer to Plaintiffs' second amended complaint shall be due Tuesday, October 31, 2018. Signed by Judge Dana M. Sabraw on 10/2/2018. (aef) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

RECAP
73

MOTION for Settlement Preliminary Certification of Settlement Classes, and Approval of Class Notice by G.C.H., I.A.T., L.C.O., M.M.M., N.B., P.A.P.. (Attachments: # 1 Notice Proposed Class Notice)(Maddigan, Michael) (aef). (Entered: 10/05/2018)

1 Notice Proposed Class Notice

View on RECAP

Oct. 5, 2018

Oct. 5, 2018

RECAP
76

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 10/9/2018 before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/30/2018. Redacted Transcript Deadline set for 11/9/2018. Release of Transcript Restriction set for 1/7/2019. (Transcript filed in case numbers 3:18-cv-00428-DMS-MDD, 3:18-cv-01626-DMS-JLB, and 3:18-cv-01832-DMS-MDD.) (akr) (Entered: 10/10/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
75

ORDER Granting 73 Preliminary Approval of Proposed Settlement; Preliminarily Certifying the Settlement Classes; and Approving Class Notice. Signed by Judge Dana M. Sabraw on 10/9/2018. (aef) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

RECAP
74

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 10/9/2018. All parties appeared telephonically. Amended complaint to be filed in 18cv0428-DMS-MDD (Ms. L). The Court will enter the order granting preliminary approval following entry of the amended complaint. (Further Status Conference set for 10/16/2018 01:00 PM in Courtroom 13A before Judge Dana M. Sabraw, Final Approval Hearing set for 11/15/2018 10:30 AM in Courtroom 13A before Judge Dana M. Sabraw.)(Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Zachary Best, Justin Bernick). (Defendant Attorney Sarah Fabian, Scott Stewart). (Lee Gelernt for Plaintiffs in 18cv0428 Ms. L., Jennifer Levy for Plaintiffs in 18cv1626 N.T.C., Caroline Heller for Plaintiffs in 18cv1769 R.G.H., Sirine Shebaya, Wilson Barmeyer and Carol McClarnos for Plaintiffs in Dora case.) (no document attached) (jak) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
77

MOTION for Order Requiring Implementation of Settlement Agreement by G.C.H., I.A.T., L.C.O., M.M.M., N.B., P.A.P.. (Attachments: # 1 Memo of Points and Authorities, # 2 Proposed Order)(Maddigan, Michael) (aef). (Entered: 10/10/2018)

1 Memo of Points and Authorities

View on PACER

2 Proposed Order

View on PACER

Oct. 10, 2018

Oct. 10, 2018

PACER
79

ORDER Requesting Response. (Re ECF 77 ) The Court is in receipt of the emergency motion to require implementation of the settlement agreement filed by Plaintiffs in the above-captioned cases. Defendants shall file a response to the motion on or before October 15, 2018. Unless otherwise ordered, the Court will take the matter under submission without oral argument. Signed by Judge Dana M. Sabraw on 10/11/2018.(aef) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 27, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Parents on behalf of their minor children (detained migrants) who are seeking to protect their children's right to asylum even after reunification of families who may be facing deportation.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

U.S. Customs and Border Protection, Federal

U.S. Citizenship and Immigration Services, Federal

U.S. Department of Health and Human Services, Federal

Office of Refugee Resettlement, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2018 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Family reunification

Juveniles

Youth / Adult separation

Discrimination-basis:

Immigration status

National origin discrimination

Race:

Race, unspecified

Type of Facility:

Government-run

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Deportation - judicial review

Deportation - procedure

Family Separation

Undocumented immigrants - rights and duties

National Origin/Ethnicity:

Hispanic