Case: C.M. v. United States

2:19-cv-05217 | U.S. District Court for the District of Arizona

Filed Date: Sept. 19, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 19, 2019, five asylum-seeking parents, on their own behalf and on behalf of their minor children, filed this lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued the United States under the Federal Tort Claims Act. The plaintiffs, represented by private counsel, the National Immigrant Justice Center, and the American Immigration Council, sought monetary relief and attorneys fees. The plaintiffs alleged that the United States government caused intentio…

On September 19, 2019, five asylum-seeking parents, on their own behalf and on behalf of their minor children, filed this lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued the United States under the Federal Tort Claims Act. The plaintiffs, represented by private counsel, the National Immigrant Justice Center, and the American Immigration Council, sought monetary relief and attorneys fees. The plaintiffs alleged that the United States government caused intentional infliction of emotional distress through its child-separation policy. The government separated the asylum-seeking parents from their children, delayed providing parents and children information of each other’s whereabouts and well-being, failed to facilitate adequate communication between the parents and their children while separated, and failed to implement a system to ensure families could be reunited. The government did this deliberately, plaintiffs alleged, to deter other parents with children from seeking asylum in the United States. The case was assigned to Judge Susan Bolton.

On December 23, 2019, the United States moved to dismiss the suit for lack of jurisdiction, citing sovereign immunity not waived by the FTCA. The district court denied the United States's motion on March 30, 2020, holding (1) the family separation alleged in the suit was a persuasive analogy to private conduct such that plaintiffs had established subject-matter jurisdiction under the FTCA and (2) neither the due care nor the discretionary function exception to the FTCA applied because the United States was not enforcing federal law when it separated plaintiffs and their children. 2020 WL 1698191. The United States moved for leave to appeal the district court's order on May 29, 2020, which was denied by the Judge Bolton on July 6, 2020 because the United States failed to present exceptional circumstances such that interlocutory review would be appropriate. 2020 WL 5232560.

The United States filed its answer to the complaint on May 13, 2020 and the parties commenced discovery in July 2020. Discovery continued throughout the end of 2020 into early 2021. On April 19, 2021, the parties filed a joint motion to stay proceedings while they explored a possible settlement. The court stayed proceedings until June 2, 2021, at which time the parties will notify the court if additional abeyance is needed to facilitate settlement. This case is ongoing.

Summary Authors

Ashton Dubey (11/1/2019)

Casey D'Alesandro (4/15/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16221538/parties/cm-v-united-states/


Judge(s)

Bolton, Susan Ritchie (Arizona)

Attorneys(s) for Plaintiff

Cone−Roddy, Emily Jane (Arizona)

Feinberg, Jonathan H. (Pennsylvania)

Fidler, Harry K. (New York)

Fleming, Mark (Illinois)

Goettel, Katherine Melloy (Illinois)

Hunt, Travis Charles (Arizona)

Jacobson, Daniel F. (District of Columbia)

Jones, Robert Stanton (District of Columbia)

Kalivas, Tanya E. (New York)

Judge(s)

Bolton, Susan Ritchie (Arizona)

Attorneys(s) for Plaintiff

Cone−Roddy, Emily Jane (Arizona)

Feinberg, Jonathan H. (Pennsylvania)

Fidler, Harry K. (New York)

Fleming, Mark (Illinois)

Goettel, Katherine Melloy (Illinois)

Hunt, Travis Charles (Arizona)

Jacobson, Daniel F. (District of Columbia)

Jones, Robert Stanton (District of Columbia)

Kalivas, Tanya E. (New York)

Kenney, Mary (District of Columbia)

McMillan, Lucy Sarah (New York)

Osmond, Mark Andrew (New York)

Realmuto, Trina (Massachusetts)

Reeder, Emily Anne (District of Columbia)

Reiter, Diana E (New York)

Rosenbaum, David B. (Arizona)

Schaeffer, Kaitlyn (New York)

Valenzuela, Claudia (District of Columbia)

Walsh, Eric Christopher (New York)

Winger, Emma Curtis (Massachusetts)

Attorneys(s) for Defendant

Atkinson, Theodore W (District of Columbia)

MacWilliams, Philip D. (District of Columbia)

Majumdar, Irina M. (District of Columbia)

Other Attorney(s)

Macias, Javier (Texas)

Documents in the Clearinghouse

Document

2:19-cv-05217

Docket

April 9, 2021

April 9, 2021

Docket
1

2:19-cv-05217

Complaint

C.M. et al v. United States

Sept. 19, 2019

Sept. 19, 2019

Complaint
31

2:19-cv-05217

Order

2020 WL 1698191

March 30, 2020

March 30, 2020

Order/Opinion
50

2:19-cv-05217

Order

2020 WL 5232560

July 6, 2020

July 6, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16221538/cm-v-united-states/

Last updated Aug. 5, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
6

*MOTION for Protective Order, MOTION to Proceed under Pseudonyms by C.M., L.G., M.R., O.A., V.C. (Attachments: # 1 Text of Proposed Order)(Rosenbaum, David). *Added MOTION to Proceed under Pseudonyms on 9/20/2019 (REK). (Entered: 09/19/2019)

1 Text of Proposed Order

View on PACER

Sept. 19, 2019

Sept. 19, 2019

RECAP
5

Summons Issued as to United States of America. (Attachments: # 1 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 09/19/2019)

1 Summons

View on PACER

Sept. 19, 2019

Sept. 19, 2019

PACER
4

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ARC) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
3

Filing fee paid, receipt number 0970-17417079. This case has been assigned to the Honorable Susan R Bolton. All future pleadings or documents should bear the correct case number: CV-19-5217-PHX-SRB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
2

SUMMONS Submitted by C.M., L.G., M.R., O.A., V.C.. (Rosenbaum, David) (Attachments: # 1 Summons)(ARC) (Entered: 09/19/2019)

1 Summons

View on PACER

Sept. 19, 2019

Sept. 19, 2019

PACER
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17417079 filed by O.A., C.M., M.R., L.G., V.C..(Rosenbaum, David) (Attachments: # 1 Civil Cover Sheet)(ARC) (Entered: 09/19/2019)

1 Civil Cover Sheet

View on PACER

Sept. 19, 2019

Sept. 19, 2019

RECAP

Remark: Pro hac vice motion(s) granted for Emma Curtis Winger on behalf of Plaintiffs C.M., L.G., M.R., O.A., and V.C.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 20, 2019

Sept. 20, 2019

PACER

Remark re Pro Hac Vice Motion

Sept. 20, 2019

Sept. 20, 2019

PACER
8

MOTION for Admission Pro Hac Vice as to attorney Jonathan H. Feinberg by C.M., L.G., M.R., O.A., V.C.. (Attachments: # 1 Certificate of Good Standing)(Feinberg, Jonathan) (Entered: 09/23/2019)

1 Certificate of Good Standing

View on PACER

Sept. 23, 2019

Sept. 23, 2019

PACER

Remark re Pro Hac Vice Motion

Sept. 23, 2019

Sept. 23, 2019

PACER

Remark: Pro hac vice motion(s) granted for Mark Michael Fleming, Katherine Melloy Goettel, and Trina Realmuto on behalf of Plaintiffs C.M., L.G., M.R., O.A., and V.C.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 23, 2019

Sept. 23, 2019

PACER
7

PROTECTIVE ORDER and ORDER GRANTING MOTION TO PROCEED UNDER PSEUDONYMS [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 9/23/19. (MAW) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

RECAP
9

SERVICE EXECUTED filed by C.M., L.G., M.R., O.A., V.C.: Certified Mail Receipt re: Summons; Complaint; Civil Cover Sheet; Motion to Proceed under Pseudonyms and for Protective Order with proposed Order granting same upon U.S. Attorney for District of Arizona (Michael Bailey) and U.S. Attorney General (William Barr) on 9/23/2019. (Rosenbaum, David) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER

Remark re Pro Hac Vice Motion

Sept. 25, 2019

Sept. 25, 2019

PACER

Order on Motion for Admission Pro Hac Vice

Sept. 25, 2019

Sept. 25, 2019

PACER

Remark: Pro hac vice motion(s) granted for Jonathan Howard Feinberg on behalf of Plaintiffs C.M., L.G., M.R., O.A., and V.C.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 25, 2019

Sept. 25, 2019

PACER
10

ORDER pursuant to General Order 09-08 terminating 8 Motion for Admission Pro Hac Vice. Pro hac vice incorrectly filed into civil case without fee. Correctly Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER

Remark re Pro Hac Vice Motion

Sept. 27, 2019

Sept. 27, 2019

PACER

Remark: Pro hac vice motion(s) granted for Robert Stanton Jones, and Lucy Sarah McMillan on behalf of Plaintiffs C.M., L.G., M.R., O.A., and V.C.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 27, 2019

Sept. 27, 2019

PACER

Remark: Pro hac vice motion(s) granted for Claudia Valenzuela and Tanya Eleni Kalivas on behalf of Plaintiffs C.M., L.G., M.R., O.A., and V.C.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 30, 2019

Sept. 30, 2019

PACER
11

SERVICE EXECUTED filed by C.M., L.G., M.R., O.A., V.C.: Affidavit of Service re: Order Granting Motion to Proceed Under Pseudonyms and for a Protective Order upon US Attorney General and US Attorney for District of Arizona on 9/28/19 and 9/30/19. (Rosenbaum, David) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER

Remark re Pro Hac Vice Motion

Sept. 30, 2019

Sept. 30, 2019

PACER

Remark: Pro hac vice motion(s) granted for Diana E Reiter on behalf of Plaintiffs C.M., L.G., M.R., O.A., and V.C. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 30, 2019

Sept. 30, 2019

PACER

Remark: Pro hac vice motion(s) granted for Emily Anne Reeder on behalf of Plaintiffs C.M., L.G., M.R., O.A., and V.C.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 2, 2019

Oct. 2, 2019

PACER

Remark re Pro Hac Vice Motion

Oct. 2, 2019

Oct. 2, 2019

PACER

Remark: Pro hac vice motion(s) granted for Daniel F Jacobson, Erik Christopher Walsh, and Kaitlyn Schaeffer on behalf of Plaintiffs C.M., L.G., M.R., O.A., and V.C.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 2, 2019

Oct. 2, 2019

PACER

Remark re Pro Hac Vice Motion

Oct. 4, 2019

Oct. 4, 2019

PACER

Remark: Pro hac vice motion(s) granted for Mary Kenney on behalf of Plaintiffs C.M., L.G., M.R., O.A., and V.C.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 4, 2019

Oct. 4, 2019

PACER
12

Mail Returned as Undeliverable. Mail sent to Erik Walsh. Reason for return: Return to Sender: Attempted - Not Known - Unable to Forward. Document number 7. (REK) (Entered: 10/08/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
13

NOTICE of Appearance by Travis Charles Hunt on behalf of C.M., L.G., M.R., O.A., V.C.. (Hunt, Travis) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER
14

*Joint MOTION for Extension of Time Extension to Respond to Complaint and MOTION for Enlargement of Page Limits by United States of America. (Attachments: # 1 Text of Proposed Order)(MacWilliams, Philip) *Modified to correct and add event; attorney noticed on 11/14/2019 (SLQ). (Entered: 11/14/2019)

1 Text of Proposed Order

View on PACER

Nov. 14, 2019

Nov. 14, 2019

PACER
16

NOTICE of Appearance by Philip Davis MacWilliams on behalf of United States of America. (MacWilliams, Philip) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
15

NOTICE of Appearance by Theodore William Atkinson on behalf of United States of America. (Atkinson, Theodore) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
17

ORDER: IT IS HEREBY ORDERED that the Joint Motion for Extension of Time and For Enlargement of Page Limits (Doc. 14 ) is GRANTED as follows: The United States shall answer or otherwise respond to the Complaint no later than December 23, 2019. Any motion filed in response to the Complaint is limited to twenty-five (25) pages [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 11/18/19. (MAW) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
18

MOTION to Dismiss for Lack of Jurisdiction by United States of America. (MacWilliams, Philip) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

RECAP
19

RESPONSE to Motion re: 18 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Opposition to Defendant's Motion to Dismiss filed by C.M., L.G., M.R., O.A., V.C.. (Rosenbaum, David) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

RECAP
20

MINUTE ORDER as to 18 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing is set for 3/24/2020 at 10:00 AM in Courtroom 502, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Susan R Bolton. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER

~Util - Set/Reset Motion and R&R Deadlines/Hearings

Feb. 7, 2020

Feb. 7, 2020

PACER
21

MOTION to Transfer Related Case by A.P.F., J.V.S.. (Attachments: # 1 Text of Proposed Order) (Associated Cases: CV-19-05217-PHX-SRB, CV-20-00065-PHX-SMB) (Beauchamp, Keith) (Entered: 02/14/2020)

1 Text of Proposed Order

View on PACER

Feb. 14, 2020

Feb. 14, 2020

RECAP
22

RESPONSE to Motion re: (21 in 2:19-cv-05217-SRB, 21 in 2:19-cv-05217-SRB) MOTION to Transfer Related Case filed by C.M., L.G., M.R., O.A., V.C.. (Associated Cases: 2:19-cv-05217-SRB, 2:20-cv-00065-SMB) (Rosenbaum, David) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
23

RESPONSE to Motion re: (21 in 2:19-cv-05217-SRB, 21 in 2:19-cv-05217-SRB) MOTION to Transfer Related Case filed by United States of America. (Associated Cases: 2:19-cv-05217-SRB, 2:20-cv-00065-SMB) (Atkinson, Theodore) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
24

REPLY to Response to Motion re: (21 in 2:19-cv-05217-SRB) MOTION to Transfer Related Case filed by A.P.F., J.V.S.. (Associated Cases: 2:20-cv-00065-SMB, 2:19-cv-05217-SRB) (Beauchamp, Keith) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
25

REPLY to Response to Motion re: 18 MOTION to Dismiss for Lack of Jurisdiction filed by United States of America. (MacWilliams, Philip) (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

PACER
27

ORDER: Due the COVID-19 pandemic; IT IS ORDERED that oral argument on Defendant's Motion to Dismiss scheduled for March 24, 2020 at 10:00 a.m. shall be telephonic only. No in person appearances. Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones and cell phones are not permitted. IT IS FURTHER ORDERED denying Defendant's Motion to Postpone Motion Hearing. (Doc. 26 ) Signed by Senior Judge Susan R Bolton on 3/17/20. (MAW) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER
26

MOTION to Continue Motion Hearing Scheduled For March 24, 2020 by United States of America. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(MacWilliams, Philip) (Entered: 03/17/2020)

1 Exhibit

View on PACER

2 Text of Proposed Order

View on PACER

March 17, 2020

March 17, 2020

PACER
30

TRANSCRIPT REQUEST by C.M., L.G., M.R., O.A., V.C. for proceedings held on 3/24/2020, Judge Susan R Bolton hearing judge(s). (Rosenbaum, David) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER

Motion Hearing

March 24, 2020

March 24, 2020

PACER

1 - Common Prompts (Text Only)

March 24, 2020

March 24, 2020

PACER

Order on Motion to Dismiss/Lack of Jurisdiction

March 24, 2020

March 24, 2020

PACER
29

REPLY to Response to Motion re: (21 in 2:19-cv-05217-SRB) MOTION to Transfer Related Case (Supplement) filed by A.P.F., J.V.S.. (Attachments: # 1 Exhibit 1) (Associated Cases: 2:20-cv-00065-SMB, 2:19-cv-05217-SRB) (Beauchamp, Keith) (Entered: 03/24/2020)

1 Exhibit 1

View on PACER

March 24, 2020

March 24, 2020

PACER
28

MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Telephonic Motion Hearing held on 3/24/2020. Argument held. IT IS ORDERED taking under advisement 18 Motion to Dismiss. APPEARANCES: Diana Reiter, Jonathan Feinberg, Katherine Goettel, Lucy McMillan, Trina Realmuto, David Rosenbaum and Erik Walsh (all appearing telephonically) for Plaintiffs. Philip MacWilliams (appearing telephonically) for Defendant. (Court Reporter Elaine Cropper) Hearing held 10:04 AM to 10:43 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
31

ORDER: IT IS ORDERED denying the United States' Motion and Memorandum in Support of the United States of America's Motion to Dismiss (Doc. 18 ) [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 3/30/20. (MAW) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

RECAP
34

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC ORAL ARGUMENT proceedings held on 03/24/2020, before Judge SUSAN R. BOLTON. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/21/2020. Redacted Transcript Deadline set for 5/1/2020. Release of Transcript Restriction set for 6/29/2020. (RAP) (Entered: 04/06/2020)

March 31, 2020

March 31, 2020

PACER
33

ORDER: IT IS ORDERED granting a one-time extension of time until May 13, 2020, to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. No further extensions will be granted. Signed by Senior Judge Susan R Bolton on 4/2/20. (MAW) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
32

Consent MOTION for Extension of Time to File Answer by United States of America. (Attachments: # 1 Text of Proposed Order)(MacWilliams, Philip) (Entered: 04/02/2020)

1 Text of Proposed Order

View on PACER

April 2, 2020

April 2, 2020

PACER
35

ORDER - IT IS ORDERED granting Plaintiffs' Motion to Transfer. (Doc. 10 in CV20-00065 and Doc. 21 in CV19-05217). IT IS FURTHER ORDERED that counsel shall use the case number CV20-00065-PHX-SRB for all further proceedings. Signed by Senior Judge Susan R Bolton on 4/13/2020. (Associated Cases: 2:19-cv-05217-SRB, 2:20-cv-00065-SMB) (WLP) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
36

NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Trina Realmuto. (Realmuto, Trina) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
37

ANSWER to Complaint by United States of America.(MacWilliams, Philip) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

RECAP
38

ORDER: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for June 18, 2020, at 10:30 a.m. The Rule 16 Case Management Conference will be telephonic. Counsel shall not appear in person. Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones are not permitted [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 5/15/20. (MAW) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

RECAP
39

NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Katherine Melloy Goettel. (Goettel, Katherine) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
40

MOTION for Leave to Appeal For Certifcation of Order Dated March 30, 2020 For Interlocutory Appeal Pursuant to 28 U.S.C. ยง 1292(b) by United States of America. (Attachments: # 1 Text of Proposed Order)(MacWilliams, Philip) (Entered: 05/29/2020)

1 Text of Proposed Order

View on PACER

May 29, 2020

May 29, 2020

RECAP
41

NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Mary Kenney. (Kenney, Mary) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
42

Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) [JOINT CASE MANAGEMENT PLAN] filed by Plaintiffs C.M., L.G., M.R., O.A., V.C.. (Reiter, Diana) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
45

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs C.M., L.G., M.R., O.A., V.C.. (Reiter, Diana) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
44

RESPONSE in Opposition re: 40 MOTION for Leave to Appeal For Certifcation of Order Dated March 30, 2020 For Interlocutory Appeal Pursuant to 28 U.S.C. ยง 1292(b) filed by C.M., L.G., M.R., O.A., V.C.. (Reiter, Diana) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

RECAP
43

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant United States of America. (MacWilliams, Philip) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER

Remark: Pro hac vice motion(s) granted for Harry K Fidler on behalf of Plaintiffs C.M., L.G., M.R., O.A., V.C.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 17, 2020

June 17, 2020

PACER

Remark re Pro Hac Vice Motion

June 17, 2020

June 17, 2020

PACER
47

*AMENDED by Doc. 144 * SCHEDULING ORDER: Discovery due by 6/11/2021. Dispositive motions due by 1/29/2022 [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 6/18/20. (MAW) Modified on 3/1/2022 (MAW). (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
46

MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Scheduling Conference held on 6/18/2020. Discussion held regarding discovery limitations. IT IS ORDERED directing counsel to confer and file a joint discovery plan no later than August 17, 2020, regarding requests for production of documents and an agreement regarding who will be deposed (identified by either name or description). Deadlines discussed. Rule 16 Scheduling Order to issue. APPEARANCES: Jonathan Feinberg, Emma Cone-Roddy, Emily Reeder, Diana Reiter, Erik Walsh and Harry Fidler (all appearing telephonically) for Plaintiffs. Philip MacWilliams (appearing telephonically) for Defendant. (Court Reporter Hilda Lopez) Hearing held 10:32 AM to 11:11 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

~Util - Set Deadlines AND 1 - Common Prompts (Text Only) AND Scheduling Conference

June 18, 2020

June 18, 2020

PACER

1 - Common Prompts (Text Only) AND Scheduling Conference AND ~Util - Set Deadlines

June 18, 2020

June 18, 2020

PACER

1 - Common Prompts (Text Only) AND ~Util - Set Deadlines AND Scheduling Conference

June 18, 2020

June 18, 2020

PACER
48

REPLY to Response to Motion re: 40 MOTION for Leave to Appeal For Certifcation of Order Dated March 30, 2020 For Interlocutory Appeal Pursuant to 28 U.S.C. ยง 1292(b) filed by United States of America. (MacWilliams, Philip) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
49

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant United States of America. (MacWilliams, Philip) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
51

TRANSCRIPT REQUEST by C.M., L.G., M.R., O.A., V.C. for proceedings held on June 18, 2020, Judge Susan R Bolton hearing judge(s). (Rosenbaum, David) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
50

ORDER: IT IS ORDERED denying Defendant United States' Motion for Certification of the Court's 3/30/20 Order Pursuant to 28 U.S.C. ยง 1292(b) (Doc. 40 ) [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 7/6/20. (MAW) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
52

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC SCHEDULING CONFERENCE proceedings held on 06/18/2020, before Judge SUSAN R. BOLTON. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/29/2020. Redacted Transcript Deadline set for 8/10/2020. Release of Transcript Restriction set for 10/6/2020. (RAP) (Entered: 07/13/2020)

July 8, 2020

July 8, 2020

PACER
53

ORDER: On the request of counsel; IT SO ORDERED setting a Discovery Dispute Hearing on July 16, 2020 at 2:00 p.m. The discovery dispute hearing will be telephonic. Counsel shall not appear in person. Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the hearing. Counsel are advised that speaker phones are not permitted. Signed by Senior Judge Susan R Bolton on 7/14/20. (MAW) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
54

Joint MOTION Entry of Rule 502(d) order by United States of America. (Attachments: # 1 Text of Proposed Order)(MacWilliams, Philip) (Entered: 07/15/2020)

1 Text of Proposed Order

View on RECAP

July 15, 2020

July 15, 2020

RECAP
55

MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Telephonic Discovery Dispute Hearing held on 7/16/2020 at the request of the parties. The Court is advised that the parties cannot agree on one part of a proposed protective order regarding the non-disclosure of confidential information by the government outside its use in this case. After hearing argument, the Court ordered that it would approve the non-disclosure provision proposed by Plaintiffs. APPEARANCES: Jonathan Feinberg, Diana Reiter, David Rosenbaum and Erik Walsh (all appearing telephonically) for Plaintiffs. Philip MacWilliams (telephonically) for Defendant. (Court Reporter Hilda Lopez) Hearing held 1:58 PM to 2:09 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 07/17/2020)

July 16, 2020

July 16, 2020

PACER
56

FEDERAL RULE OF EVIDENCE 502(d) ORDER [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 7/17/20. (MAW) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER

1 - Common Prompts (Text Only) AND Discovery Hearing

July 17, 2020

July 17, 2020

PACER
58

PROTECTIVE ORDER [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 7/22/20. (MAW) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
57

Joint MOTION for Protective Order by C.M., L.G., M.R., O.A., V.C.. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Rosenbaum, David) (Entered: 07/22/2020)

1 Text of Proposed Order Proposed Protective Order

View on PACER

July 22, 2020

July 22, 2020

PACER
59

* Notice of Attorney Withdrawal (No Longer With Firm Only) by C.M., L.G., M.R., O.A., V.C. . (Kalivas, Tanya) * Modified to correct event; attorney noticed on 8/5/2020 (LAD). (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
60

NOTICE re: Joint Discovery Plan by C.M., L.G., M.R., O.A., V.C. re: 47 Scheduling Order . (Attachments: # 1 Exhibit A)(Rosenbaum, David) (Entered: 08/17/2020)

1 Exhibit A

View on PACER

Aug. 17, 2020

Aug. 17, 2020

PACER
61

ORDER: In the Case Management Order entered on June 18, 2020 the Court ordered the parties to meet and prepare a discovery plan. (Doc. 47 ) Their Joint Discovery Plan was filed on August 18, 2020. The Court adopts and approves the Joint Discovery Plan with the limitations and clarifications detailed in this Order [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 8/25/20. (MAW) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

RECAP
64

NOTICE re: of Subpoena Duces Tecum by C.M., L.G., M.R., O.A., V.C. on Lutheran Social Services. (Cone-Roddy, Emma) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
63

NOTICE re: of Subpoena Duces Tecum by C.M., L.G., M.R., O.A., V.C. on Cayuga Centers. (Cone-Roddy, Emma) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
62

NOTICE re: of Subpoena Duces Tecum by C.M., L.G., M.R., O.A., V.C. Southwest Key Programs - Hacienda Del Sol. (Cone-Roddy, Emma) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
65

NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Emma Curtis Winger. (Winger, Emma) (Entered: 11/05/2020)

Nov. 5, 2020

Nov. 5, 2020

PACER

Remark: Pro hac vice motion(s) granted for Javier Macias on behalf of Movant Southwest Key Programs Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 9, 2020

Nov. 9, 2020

PACER

Remark re Pro Hac Vice Motion

Nov. 9, 2020

Nov. 9, 2020

PACER
66

*WITHDRAWN by Doc. 68 * MOTION to Quash Subpoena by Southwest Key Programs Incorporated. (Attachments: # 1 Text of Proposed Order)(Macias, Javier) Modified on 11/23/2020 (MAW). (Entered: 11/13/2020)

1 Text of Proposed Order

View on PACER

Nov. 13, 2020

Nov. 13, 2020

PACER
68

ORDER: Having reviewed Southwest Key Programs, Inc.'s Motion to Withdraw Southwest Key Programs, Inc.'s Motion to Quash Subpoena Without Prejudice 67, IT IS ORDERED that Southwest Key Programs, Inc.'s Motion to Quash Subpoena (Doc. 66 ), is hereby withdrawn without prejudice. Signed by Senior Judge Susan R Bolton on 11/23/20. (MAW) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
67

MOTION to Withdraw 66 MOTION to Quash Subpoena by Southwest Key Programs Incorporated. (Attachments: # 1 Text of Proposed Order)(Macias, Javier) (Entered: 11/23/2020)

1 Text of Proposed Order

View on PACER

Nov. 23, 2020

Nov. 23, 2020

PACER
70

ORDER - IT IS ORDERED setting a telephonic status conference on December 3, 2020 at 10:30 for both cases. Counsel shall not appear in person. Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones are not permitted. Signed by Senior Judge Susan R Bolton on 11/25/20. (SLQ) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
69

STATUS REPORT by United States of America. (MacWilliams, Philip) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

RECAP
71

REQUEST re: Request for Leave to File Written Response to Status Report Filed by Defendant United States of America by Plaintiffs C.M., L.G., M.R., O.A.. (Reiter, Diana) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 19, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five asylum-seeking immigrants, on their own behalf and each on behalf of one minor child.

Attorney Organizations:

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Family reunification

Placement in detention facilities

Youth / Adult separation

Immigration/Border:

Asylum - procedure

Detention - procedures

Family Separation