Case: Castillo v. Nielsen

5:18-cv-01317 | U.S. District Court for the Central District of California

Filed Date: June 19, 2018

Closed Date: June 1, 2020

Clearinghouse coding complete

Case Summary

On June 19, 2018, Immigrant Defenders Law Center (IDLC) and private plaintiffs filed this lawsuit against the Department of Homeland Security in the U.S. District Court for the Central District of California. The plaintiffs sued to challenge policies relating to immigrants held at the FCI Victorville Medium Security Prison. They alleged that the individuals had been denied the ability to visit, consult with, or contact an attorney since their incarceration at the prison. The plaintiffs, represe…

On June 19, 2018, Immigrant Defenders Law Center (IDLC) and private plaintiffs filed this lawsuit against the Department of Homeland Security in the U.S. District Court for the Central District of California. The plaintiffs sued to challenge policies relating to immigrants held at the FCI Victorville Medium Security Prison. They alleged that the individuals had been denied the ability to visit, consult with, or contact an attorney since their incarceration at the prison. The plaintiffs, represented by the ACLU and private counsel, sought a writ of habeas corpus, as well as declaratory and injunctive relief. The complaint alleged violations of the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), the Fifth Amendment's Due Process clause, and the First Amendment. The plaintiffs also requested a Temporary Restraining Order (TRO) to allow detainees to consult with attorneys and attend “know your rights” trainings. The case was assigned to Judge Otis Wright.

Judge Wright granted the plaintiffs' request for a TRO on June 21, 2018, finding that the plaintiffs would suffer irreparable harm if injunctive relief was not granted. The TRO required the defendants to permit individuals incarcerated at FCI Victorville to communicate with immigration attorneys, conduct “know your rights” trainings for the detainees, and halt any proceedings until the detainees had an opportunity to consult with an attorney or attend such a training. Judge Wright also ordered the defendants to show cause why the court should not issue a preliminary injunction. Judge Wright extended the TRO multiple times in August 2018.

On August 28, Judge Wright extended the TRO again pending determination of whether a preliminary injunction should be issued. On October 16, 2018, the plaintiffs withdrew their request for a preliminary injunction. On December 14, the court asked the parties to file a joint report explaining why this case should not be dismissed since neither party had taken subsequent steps to prosecute the matter. The parties subsequently filed a sealed joint status report.

On October 30, 2019, the plaintiffs filed a stipulation to voluntarily dismiss the case. On November 21, they filed a motion for attorneys' fees under the Equal Access to Justice Act (EAJA). On December 2, 2019, Judge Wright ordered the case dismissed without prejudice.

After that, the parties litigated attorneys' fees disputes. The plaintiffs sought $190,718.89 in fees and costs under the EAJA, and the defendants argued that the court should deny the motion as: (1) the plaintiffs were not prevailing parties; (2) the defendants' position was substantially justified; and (3) the plaintiffs’ fees were unreasonable and should be reduced. The court granted the plaintiff's motion on May 26, 2020. Judge Wright found that the plaintiffs were the prevailing parties, citing the TRO, and that the attorneys provided specialized expertise. As such, their requested fees and costs were reasonable. The case is now closed.

Summary Authors

Sichun Liu (2/10/2019)

Sam Kulhanek (4/19/2020)

Lily Sawyer-Kaplan (9/15/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7222060/parties/gustavo-rodriguez-v-kirstjen-nielsen/


Judge(s)

Scott, Karen E (California)

Wright, Otis D. II (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bitran, Eva Lucia (California)

Havens, Cassandra Eva (California)

Kaufman, Michael Bryan (California)

Shebaya, Sirine (District of Columbia)

Smith, Johnathan James (District of Columbia)

Tsitsuashvili, Jaba (District of Columbia)

Ulin, John C. (California)

Judge(s)

Scott, Karen E (California)

Wright, Otis D. II (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bitran, Eva Lucia (California)

Havens, Cassandra Eva (California)

Kaufman, Michael Bryan (California)

Shebaya, Sirine (District of Columbia)

Smith, Johnathan James (District of Columbia)

Tsitsuashvili, Jaba (District of Columbia)

Ulin, John C. (California)

Attorneys(s) for Defendant

Pinchas, David E (California)

Wilson, Geoffrey Daniel (California)

Documents in the Clearinghouse

Document

5:18-cv-01317

Docket [PACER]

Rodriguez v. Nielsen

June 1, 2020

June 1, 2020

Docket
1

5:18-cv-01317

Complaint

June 19, 2018

June 19, 2018

Complaint
10

5:18-cv-01317

Temporary Restraining Order and Order to Show Cause

June 21, 2018

June 21, 2018

Order/Opinion
64

5:18-cv-01317

Amended Order Granting Plaintiffs' Motion for Attorneys' Fees [49]

2020 WL 2840065

June 1, 2020

June 1, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7222060/gustavo-rodriguez-v-kirstjen-nielsen/

Last updated July 21, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: 0973-21957619 - Fee: $400, filed by Plaintiffs Gustavo Rodriguez Castillo, Immigrant Defenders Law Center, Gabriela M. Lopez. (Attorney Michael Bryan Kaufman added to party Immigrant Defenders Law Center(pty:pla), Attorney Michael Bryan Kaufman added to party Gabriela M. Lopez(pty:pla), Attorney Michael Bryan Kaufman added to party Gustavo Rodriguez Castillo(pty:pla))(Kaufman, Michael) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
2

CIVIL COVER SHEET filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
3

Certification and Notice of Interested Parties filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo, (Kaufman, Michael) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
4

EX PARTE APPLICATION for Temporary Restraining Order filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Memorandum, # 2 Proposed Order, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Proof of Service) (Kaufman, Michael) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
5

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Otis D. Wright, II and referred to Magistrate Judge Maria A. Audero, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (esa) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
6

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
7

re: EX PARTE APPLICATION for Temporary Restraining Order 4 OPPOSITION TO EX PARTE APPLICATION FOR TRO filed by Defendants Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, David Shinn. (Attachments: # 1 Declaration of Jess Pino, # 2 Declaration of AUSA Geoffrey Wilson)(Attorney Geoffrey Daniel Wilson added to party Hugh J. Hurwitz(pty:dft), Attorney Geoffrey Daniel Wilson added to party David Marin(pty:dft), Attorney Geoffrey Daniel Wilson added to party Kirstjen Nielsen(pty:dft), Attorney Geoffrey Daniel Wilson added to party Jefferson Beauregard Sessions(pty:dft), Attorney Geoffrey Daniel Wilson added to party David Shinn(pty:dft))(Wilson, Geoffrey) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
8

REPLY in Support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
9

60 DAY Summons Issued, re: Complaint (Attorney Civil Case Opening), 1 as to All Defendants. (mz) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
10

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE 4 The hearing on the order to show cause shall be on June 25, 2018, at 1:30 p.m. by Judge Otis D. Wright, II (SEE DOCUMENT FOR OTHER SPECIFICS AND REQUIREMENTS) (lc) Modified on 6/21/2018 (lc). (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
11

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
12

NOTICE of Appearance filed by attorney John C Ulin on behalf of Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo (Attorney John C Ulin added to party Immigrant Defenders Law Center(pty:pla), Attorney John C Ulin added to party Gabriela M. Lopez(pty:pla), Attorney John C Ulin added to party Gustavo Rodriguez Castillo(pty:pla))(Ulin, John) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
13

NOTICE of Appearance filed by attorney John C Ulin on behalf of Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo (Ulin, John) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
14

ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Maria A. Audero. ORDER case returned to the Clerk for random reassignment General Order 05-07 referral pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Maria A. Audero to Magistrate Judge Karen E. Scott for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:18-cv-01317 ODW(KES). (rn) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
15

Joint STIPULATION to Continue Hearing from June 25, 2018 to July 30, 2018 Re: Order on Motion for Temporary Restraining Order 10 filed by Defendants Thomas Homan, Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, David Shinn. (Attachments: # 1 Proposed Order)(Attorney Geoffrey Daniel Wilson added to party Thomas Homan(pty:dft))(Wilson, Geoffrey) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
16

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Thomas Homan, Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, David Shinn. (es) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
17

ORDER RE: STIPULATION TO SET BRIEFING SCHEDULE ON ORDER TO SHOW CAUSE 10 15 by Judge Otis D. Wright, II: The hearing on the OSC RE:TRO currently scheduled for June 25, 2018 at 1:30 p.m. is hereby CONTINUED to July 30, 2018 at 1:30 p.m. and the briefing schedule is set as follows: Defendants Response to the OSC is now due by July 16, 2018, and Plaintiffs Reply is now due by July 23, 2018. (lc) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
18

Notice of Appearance or Withdrawal of Counsel: for attorney Jaba Tsitsushvili counsel for Plaintiff Gustavo Rodriguez Castillo. Adding Jaba Tsitsuashvili as counsel of record for Gustavo Rodriguez Castillo, Gabriela M. Lopez, Immigrant Defenders Law Center for the reason indicated in the G-123 Notice. Filed by Plaintiffs-Petitioners Jaba Tsitsuashvili. (Attorney Jaba Tsitsushvili added to party Gustavo Rodriguez Castillo(pty:pla))(Tsitsushvili, Jaba) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
19

PROOF OF SERVICE Executed by Plaintiff Gustavo Rodriguez Castillo, Immigrant Defenders Law Center, Gabriela M. Lopez, upon Defendant Thomas Homan served on 6/28/2018, answer due 8/27/2018; Hugh J. Hurwitz served on 6/28/2018, answer due 8/27/2018; David Marin served on 6/28/2018, answer due 8/27/2018; Kirstjen Nielsen served on 6/28/2018, answer due 8/27/2018; Jefferson Beauregard Sessions served on 6/28/2018, answer due 8/27/2018; David Shinn served on 6/28/2018, answer due 8/27/2018. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to Counsel for Defendants. Executed upon the officer agency or corporation by delivering a copy to Counsel for Defendants. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: # 1 Certified Mail Return Receipts)(Kaufman, Michael) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
20

RESPONSE filed by Defendants Thomas Homan, Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, David Shinnto Order on Motion for Temporary Restraining Order 10 and Request to Dissolve TRO (Attachments: # 1 Declaration Jess Pino, # 2 Declaration Ernesto Santacruz)(Wilson, Geoffrey) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
21

REPLY in support of the Order to Show Cause filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Declaration of Ahilan Arulanantham, # 2 Declaration of Rekha Arulanantham, # 3 Declaration of Lindsay Battles, # 4 Declaration of Michael Kaufman, # 5 Declaration of Corene Kendrick, # 6 Declaration of Karlyn Kurichety, # 7 Declaration of Munmeeth Soni, # 8 Declaration of Dilveer Singh Vahali, # 9 Declaration of Siobhan Waldron, # 10 Declaration of Mark Windsor, # 11 Declaration of Eva Bitran)(Kaufman, Michael) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
22

MINUTES OF TEMPORARY RESTRAINING ORDER before Judge Otis D. Wright, II: Case called. The Court and counsel retire to chambers for further discussions off the record. The parties agree to file a stipulation and proposed order to continue the TRO hearing. Court Reporter: Cindy Nirenberg. (jp) (Entered: 07/31/2018)

July 30, 2018

July 30, 2018

PACER
23

STIPULATION for Order to Extend the Court's Temporary Restraining Order filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Proposed Order)(Kaufman, Michael) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
24

ORDER RE: STIPULATION TO EXTEND TEMPORARY RESTRAINING ORDER by Judge Otis D. Wright, II. Having considered the parties Stipulation to Extend the Courts Temporary Restraining Order (ECF No. 23), the Court GRANTS the parties' request and extends the Temporary Restraining Order to August 13, 2018. Additionally, the parties are ORDERED to submit a status report on or before August 13, 2018.IT IS SO ORDERED. re Stipulation for Order 23 (yl) (Entered: 08/01/2018)

July 31, 2018

July 31, 2018

PACER
25

Notice of Appearance or Withdrawal of Counsel: for attorney David E Pinchas counsel for Defendants Thomas Homan, Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, David Shinn. Adding David Pinchas as counsel of record for Kirstjen Nielsen; Thomas Homan; David Marin; Jefferson Beauregard Sessions; Hugh J. Hurwitz; and David Shinn for the reason indicated in the G-123 Notice. Filed by Defendants Kirstjen Nielsen, Thomas Homan, David Marin; Jefferson Beauregard Sessions, Hugh J. Hurwitz, and David Shinn. (Attorney David E Pinchas added to party Thomas Homan(pty:dft), Attorney David E Pinchas added to party Hugh J. Hurwitz(pty:dft), Attorney David E Pinchas added to party David Marin(pty:dft), Attorney David E Pinchas added to party Kirstjen Nielsen(pty:dft), Attorney David E Pinchas added to party Jefferson Beauregard Sessions(pty:dft), Attorney David E Pinchas added to party David Shinn(pty:dft))(Pinchas, David) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
26

Notice of Appearance or Withdrawal of Counsel: for attorney Geoffrey Daniel Wilson counsel for Defendants Thomas Homan, Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, David Shinn. Geoffrey D. Wilson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Kirstjen Nielsen, et al. (Wilson, Geoffrey) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
27

EX PARTE APPLICATION to Enforce Court Order filed by plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Memorandum, # 2 Declaration Declaration of Munmeeth Soni, # 3 Proposed Order) (Havens, Cassandra) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
28

STATUS REPORT AND JOINT STIPULATION filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Proposed Order)(Kaufman, Michael) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
29

ORDER RE: STATUS REPORT AND JOINT STIPULATION 28 by Judge Otis D. Wright, II: The Temporary Restraining Order (ECF NO. 10)is extending by one week to August 20,2018. (lc) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
30

Defendant's Opposition to Plaintiff's Ex Parte Application filed by Defendants Thomas Homan, Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, David Shinn re: EX PARTE APPLICATION to Enforce Court Order 27 (Attachments: # 1 Declaration of David Pinchas, # 2 Declaration of Jess Pino, # 3 Exhibit 1, # 4 Exhibit A, # 5 Exhibit B)(Pinchas, David) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
31

REPLY in support of EX PARTE APPLICATION to Enforce Court Order 27 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
32

TRANSCRIPT for proceedings held on MONDAY, JULY 30, 2018 1:53 P.M. Court Reporter: C. Nirenberg, OFFICIAL REPORTER, CONTACT www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter: C. Nirenberg, OFFICIAL REPORTER, CONTACT www.msfedreporter.com, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/5/2018. Redacted Transcript Deadline set for 9/17/2018. Release of Transcript Restriction set for 11/13/2018. (Nirenberg, C) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
33

NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, JULY 30, 2018 1:53 P.M. re Transcript 32 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Nirenberg, C) TEXT ONLY ENTRY (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
34

STATUS REPORT AND JOINT STIPULATION filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Proposed Order)(Kaufman, Michael) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
35

MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: re: On August 10, 2018, Plaintiffs filed an Ex Parte Application for enforcement of the Temporary Restraining Order (TRO) 27 . For the following reasons, the Court DENIES Plaintiffs Ex Parte Application because Plaintiffs allegations do not violate the TRO or will be remedied by Defendants, and the scope of Plaintiffs third request far exceeds the harm at issue. (SEE DOCUMENT FOR SPECIFICS). (lc) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
36

ORDER RE: STATUS REPORTAND JOINT STIPULATION 34 by Judge Otis D. Wright, II: The Court herebyextends the Temporary Restraining Order (ECF NO. 10) by one week to August 27,2018. (lc) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
37

STATUS REPORT AND JOINT STIPULATION filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Proposed Order)(Kaufman, Michael) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
38

ORDER RE: STATUS REPORT AND JOINT STIPULATION 37 by Judge Otis D. Wright, II: parties to submit a status report by August 29, 2018, in which theparties will describe their respective positions on whether a preliminary injunction should issue. The Court also hereby extends the Temporary Restraining Order (ECF No. 10) pending the Courts consideration of whether a preliminary injunction should issue. (lc) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
39

STATUS REPORT Re Respective Positions on Whether a Preliminary Injunction Should Issue filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Declaration of Grace Lee for Plaintiffs, # 2 Declaration of Elizabeth Jordan for Plaintiffs, # 3 Declaration of David Menninger for Plaintiffs, # 4 Declaration of Munmeeth Soni for Plaintiffs, # 5 Declaration of Fanxi Wang for Plaintiffs, # 6 Declaration of Silvina Hernandez for Plaintiffs, # 7 Declaration of Eva Bitran for Plaintiffs, # 8 Declaration of Michael Kaufman for Plaintiffs, # 9 Declaration of David Pinchas for Defendants)(Kaufman, Michael) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
40

MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On August 29, 2018, the Parties submitted a Joint Status Report presenting their respective positions on whether a Preliminary Injunction should issue 39 . After reviewing the Parties submissions, the Court concludes that a hearing is necessary.Accordingly, a Preliminary Injunction hearing is hereby scheduled for Friday, October 19, 2018, at 10:00 a.m. (lc) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
41

MEMORANDUM of Points and Authorities in Opposition filed by Defendants Thomas Homan, Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, David Shinn. to Motion for Preliminary Injunction filed as Re: Status Report,, 39 (Attachments: # 1 Declaration of Ian Herrera, # 2 Declaration of Tae D. Johnson, # 3 Declaration of Jennifer M. Merkle, # 4 Declaration of Marianne Hong, # 5 Declaration of Jess Pino, # 6 Exhibits "A" - "E")(Pinchas, David) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
42

Notice of Withdrawal of Status Report,, 39 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
43

MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On October 10, 2018, Plaintiff Immigrant Defenders Law Center filed a Notice of Withdrawal of Plaintiffs Request for a Preliminary Injunction 42 . Therein, Plaintiffrequested the Court vacate the hearing scheduled for October 19, 2018. The Court hereby GRANTS Plaintiffs request. Accordingly, the Preliminary Injunction hearing scheduled for Friday, October 19, 2018, at 10:00 a.m. is hereby VACATED. (lc) (Entered: 10/17/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
44

MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On October 16, 2018, Plaintiffs withdrew their Motion for Preliminary Injunction, and requested that the Court vacate the Preliminary Injunction hearing scheduled for October 19, 2018. (ECF No. 42.) The Court granted Plaintiffs request, and neither party to date has taken steps to prosecute the matter. Accordingly, the Parties are hereby ORDERED to file a joint status report informing the Court why this matter should not be dismissed on or before December 21, 2018. (lc) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
45

JOINT STATUS REPORT filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
46

Notice of Appearance or Withdrawal of Counsel: for attorney Jaba Tsitsushvili counsel for Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. Jaba Tsitsuashvili is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Gustavo Rodriguez Castillo, Gabriela M. Lopez, Immigrant Defenders Law Center. (Attorney Jaba Tsitsushvili added to party Immigrant Defenders Law Center(pty:pla), Attorney Jaba Tsitsushvili added to party Gabriela M. Lopez(pty:pla))(Tsitsushvili, Jaba) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
47

NOTICE of Change of Attorney Business or Contact Information: for attorney Jaba Tsitsuashvili counsel for Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. Changing Address to 1629 Columbia Road NW 623, Washington, DC 20009. Changing E-mail to jtsitsua@gmail.com. Filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Tsitsuashvili, Jaba) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
48

STIPULATION to Dismiss Case pursuant to RULE 41(a)(1)(A)(ii) filed by Plaintiff Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo.(Kaufman, Michael) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
49

First NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. Motion set for hearing on 12/23/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Attorneys' Fees, # 2 Proposed Order GRANTING PLAINTIFFS MOTION FOR ATTORNEYS FEES) (Kaufman, Michael) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
50

DECLARATION of Gabriela M. Lopez in Support of Plaintiffs' Motion for Attorneys' Fees First NOTICE OF MOTION AND MOTION for Attorney Fees 49 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
51

DECLARATION of Gustavo Rodriguez Castillo in Support of Plaintiffs' Motion for Attorneys' Fees First NOTICE OF MOTION AND MOTION for Attorney Fees 49 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
52

DECLARATION of Jayashri Srikantiah in Support of Plaintiffs' Motion for Attorneys' Fees First NOTICE OF MOTION AND MOTION for Attorney Fees 49 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
53

DECLARATION of LINDSAY TOCZYLOWSK in Support of Plaintiffs' Motion for Attorneys' Fees First NOTICE OF MOTION AND MOTION for Attorney Fees 49 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
54

DECLARATION of Michael Kaufman in Support of Plaintiffs' Motion for Attorneys' Fees First NOTICE OF MOTION AND MOTION for Attorney Fees 49 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Exhibit to Declaration of Michael Kaufman in Support of Plaintiffs' Motion for Attorneys' Fees)(Kaufman, Michael) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
55

DECLARATION of John C. Ulin in Support of Plaintiffs' Motion for Attorneys' Fees First NOTICE OF MOTION AND MOTION for Attorney Fees 49 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Exhibit to Declaration of John C. Ulin in Support of Plaintiffs' Motion for Attorneys' Fees)(Kaufman, Michael) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
56

DECLARATION of Carol Sobel in Support of Plaintiffs' Motion for Attorneys' Fees First NOTICE OF MOTION AND MOTION for Attorney Fees 49 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Exhibit 1-4 to Declaration of Carol Sobel in Support of Plaintiffs' Motion for Attorneys' Fees, # 2 Exhibit 5-8 to Declaration of John C. Ulin in Support of Plaintiffs' Motion for Attorneys' Fees)(Kaufman, Michael) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
57

OPPOSITION in Opposition to re: First NOTICE OF MOTION AND MOTION for Attorney Fees 49 filed by Defendants Thomas Homan, Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, David Shinn. (Pinchas, David) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
58

MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Pursuant to Plaintiff Notice of Voluntary Dismissal 48 and Federal Rule of Civil Procedure 41(a)(1)(A)(ii): IT IS HEREBY ORDERED that: 1. The entire action and all claims asserted therein are hereby DISMISSED, WITHOUT PREJUDICE to Plaintiffs right to seek attorneys fees under the Equal Access to Justice Act(EAJA), 28 U.S.C. ยง 2412; and 2. All dates and deadlines in this action are VACATED and taken off calendar. The Clerk of the Court shall close this case (Made JS-6. Case Terminated.) (lc) (Entered: 12/03/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
59

REPLY Reply in support of Motion for Attorneys' Fees First NOTICE OF MOTION AND MOTION for Attorney Fees 49 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
60

DECLARATION of Michael Kaufman re Reply (Motion related), 59 filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Exhibit to Declaration of Michael Kaufman in Support of Plaintiffs' Reply to Opposition for Fees)(Kaufman, Michael) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
61

DECLARATION of AHILAN ARULANANTHAM re Reply (Motion related), 59 to Defendants' Opp to Motion for Fees filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Kaufman, Michael) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
62

SUPPLEMENT to First NOTICE OF MOTION AND MOTION for Attorney Fees 49 Plaintiffs' Notice of Supplemental Authority re Motion for Attorneys' Fees filed by Plaintiffs Immigrant Defenders Law Center, Gabriela M. Lopez, Gustavo Rodriguez Castillo. (Attachments: # 1 Exhibit Exhibit 1 to Plaintiffs' Notice of Supplemental Authority re Motion for Attorneys' Fees)(Kaufman, Michael) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
63

ORDER GRANTING PLAINTIFFS' MOTION FOR ATTORNEY FEES IN AMOUNT OF $190,718.89 49 by Judge Otis D. Wright, II. (lc). Modified on 5/26/2020 (lc). (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

RECAP
64

AMENDED ORDER GRANTING PLAINTIFFS' MOTION FOR ATTORNEY FEES IN AMOUNT OF $190,718.89 by Judge Otis D. Wright, II. (lc). Modified on 6/1/2020 (lc). (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

RECAP

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 19, 2018

Closing Date: June 1, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Immigrant detainees held at FCI Victorville Medium Security Prison and the Immigrant Defenders Law Center.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, 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.

Constitutional Clause(s):

Due Process

Freedom of speech/association

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $190,718.89

Order Duration: 2018 - 2018

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Counseling

Failure to train

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions

Immigration lawyers