Case: A.I.I.L. v. Sessions

4:19-cv-00481 | U.S. District Court for the District of Arizona

Filed Date: Oct. 3, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 3, 2019, noncitizen children and their parents filed this class action in the U.S. District Court for the District of Arizona, challenging the Trump Administration's separation of asylum seeker families. The plaintiffs, represented by the ACLU Immigrant Rights Project, sued various personnel from five federal departments: the Department of Justice (DOJ), the White House, the Department of Homeland Security (DHS), the U.S. Department of Health and Human Services (HHS); and the Office …

On October 3, 2019, noncitizen children and their parents filed this class action in the U.S. District Court for the District of Arizona, challenging the Trump Administration's separation of asylum seeker families. The plaintiffs, represented by the ACLU Immigrant Rights Project, sued various personnel from five federal departments: the Department of Justice (DOJ), the White House, the Department of Homeland Security (DHS), the U.S. Department of Health and Human Services (HHS); and the Office of Refugee Resettlement (ORR). Proceeding under §§ 1985 and 1986 and Bivens, the plaintiffs claimed violations of the Fourth and Fifth Amendments.

The complaint alleged that defendants’ policy of separating children from their parents at the U.S. border caused irreparable psychological and physical damage to children and parents. Additionally, it was asserted that the practice was intended to inflict pain on immigrants both to induce the plaintiffs to abandon their asylum cases and to deter other immigrants from seeking asylum. It also stated that after children were separated, they were detained in punitive conditions and that the defendants failed to adequately track children so as to reunite children with their parents. The plaintiffs sought compensatory and punitive damages as well as the establishment of a recovery fund to provide health services. They also sought certification of two classes: (1) a class of all minor children who had arrived since 2017 and been separated from their parents by DHS or its agencies without a hearing demonstrating that a parent was unfit or dangerous to the child, and (2) a class of all parents of minor children subjected to the same separation with a hearing. The case was assigned to Judge James A. Soto.

The defendants filed a motion to dismiss for failure to state a claim and for lack of jurisdiction on February 14, 2020. That motion was denied on August 31, 2020, when the court concurrently granted plaintiffs' motion to amend their complaint. On September 3, 2020, plaintiffs filed their amended complaint, adding three claims against the United States under the Federal Tort Claims Act. These claims alleged intentional infliction of emotional distress, negligence, and loss of consortium and were brought individually by the plaintiffs rather than as a part of the class action allegations.

On November 13, 2020, the individual defendants re-filed a motion to dismiss for failure to state a claim upon which relief may be granted and lack of jurisdiction. On November 23, 2020, the United States did the same and additionally argued the venue was improper.

As of March 25, 2021, the motions to dismiss remained pending. This case is ongoing.

Summary Authors

Cedar Hobbs (11/3/2019)

Ellen Aldin (5/25/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16289077/parties/aiil-v-sessions/


Judge(s)

Soto, James Alan (Arizona)

Attorneys(s) for Plaintiff

Amdur, Spencer E. W. (California)

Balakrishnan, Anand V. (New York)

Chepiga, Geoffrey (New York)

Galindo, Daniel Antonio (New York)

Gelernt, Lee (New York)

Goldberg, Emily Beth (New York)

Goldblatt, Hallie S. (New York)

Herzog, Steven C. (New York)

Kang, Stephen B. (California)

Judge(s)

Soto, James Alan (Arizona)

Attorneys(s) for Plaintiff

Amdur, Spencer E. W. (California)

Balakrishnan, Anand V. (New York)

Chepiga, Geoffrey (New York)

Galindo, Daniel Antonio (New York)

Gelernt, Lee (New York)

Goldberg, Emily Beth (New York)

Goldblatt, Hallie S. (New York)

Herzog, Steven C. (New York)

Kang, Stephen B. (California)

Lieberman, Martin (Arizona)

Rabinovitz, Judy (New York)

Reinert, Alexander A. (New York)

Rubin, Jacqueline P. (New York)

Wee, Christine Keeyeh (Arizona)

Documents in the Clearinghouse

Document

4:19-cv-00481

Docket [PACER]

Feb. 5, 2021

Feb. 5, 2021

Docket
1

4:19-cv-00481

Class Action Complaint

Oct. 3, 2019

Oct. 3, 2019

Complaint
41

4:19-cv-00481

First Amended Class Action Complaint

Sept. 3, 2020

Sept. 3, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16289077/aiil-v-sessions/

Last updated Aug. 4, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17474464 filed by L.L.H.O., A.I.I.L., J.L.V.A., J.I.S., J.J.P.B.. (Lieberman, Martin) (Attachments: # 1 Civil Cover Sheet)(ARC) (Entered: 10/03/2019)

1 Civil Cover Sheet

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Oct. 3, 2019

Oct. 3, 2019

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2

MOTION to Proceed Using Initials and Pseudonyms by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Lieberman, Martin) (Attachments: # 1 Text of Proposed Order)(ARC) (Entered: 10/03/2019)

1 Text of Proposed Order

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Oct. 3, 2019

Oct. 3, 2019

PACER
3

Filing fee paid, receipt number 0970-17474464. This case has been assigned to the Honorable James A Soto. All future pleadings or documents should bear the correct case number: CV-19-481-TUC-JAS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 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: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
5

SUMMONS Submitted by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Summons Alex Azar, Secretary of the US Dept. of HHS, # 2 Summons L. Francis Cissna, Former Director of USCIS, # 3 Summons Gene Hamilton, Counselor to the Attorney General, # 4 Summons John F. Kelly, Former White House Chief of Staff and former DHS Secretary, # 5 Summons E. Scott Lloyd, Former Director of the US Office of Refugee Resettlement, # 6 Summons Kevin K. McAleenan, Acting Secretary of DHS and former Commissioner of CBP, # 7 Summons Michael Bailey, US Attorney's Office, # 8 Summons Stephen Miller, Senior Advisor to the President, # 9 Summons Mark Morgan, Acting Commissioner of CBP, # 10 Summons Kirstjen Nielsen, Former Secretary of DHS, # 11 Summons Carla Provost, Chief of CBP US Border Control, # 12 Summons Jefferson Beauregard Sessions, Former Attorney General of the United States, # 13 Summons USA, Attorney General of the United States, # 14 Summons Ronald D. Vitiello, Former Director of ICE)(Lieberman, Martin) (Entered: 10/08/2019)

1 Summons Alex Azar, Secretary of the US Dept. of HHS

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6 Summons Kevin K. McAleenan, Acting Secretary of DHS and former Commissioner of C

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7 Summons Michael Bailey, US Attorney's Office

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9 Summons Mark Morgan, Acting Commissioner of CBP

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11 Summons Carla Provost, Chief of CBP US Border Control

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13 Summons USA, Attorney General of the United States

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Oct. 8, 2019

Oct. 8, 2019

PACER
6

Summons Issued as to Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(LML) (Entered: 10/09/2019)

5 Summons

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6 Summons

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8 Summons

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10 Summons

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11 Summons

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13 Summons

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14 Summons

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Oct. 9, 2019

Oct. 9, 2019

PACER

Remark re Pro Hac Vice Motion

Oct. 9, 2019

Oct. 9, 2019

PACER

Remark: Pro hac vice motion(s) granted for Lee Gelernt on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 9, 2019

Oct. 9, 2019

PACER
7

Summons Reissued as to Mark Morgan to include Seal of the Clerk of the Court. (LML) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
8

SUMMONS Submitted by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Summons Margaret Wynne)(Lieberman, Martin) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
9

Summons Issued as to Thomas Homan and Margaret Wynne. (Attachments: # 1 Summons)(LML). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER

Remark: Pro hac vice motion(s) granted for Anand Balakrishnan, Daniel A Galindo, Emily Goldberg, and Hallie S Goldblatt on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 18, 2019

Oct. 18, 2019

PACER

Remark re Pro Hac Vice Motion

Oct. 18, 2019

Oct. 18, 2019

PACER

Remark: Pro hac vice motion(s) granted for Geoffrey R Chepiga, Jacqueline P Rubin, and Steven C Herzog on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 18, 2019

Oct. 18, 2019

PACER

Remark re Pro Hac Vice Motion

Oct. 21, 2019

Oct. 21, 2019

PACER

Remark: Pro hac vice motion(s) granted for Alexander A Reinert on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 21, 2019

Oct. 21, 2019

PACER

Remark (Public)

Oct. 23, 2019

Oct. 23, 2019

PACER

Remark: Out of state attorney Judy Rabinovitz removed as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 23, 2019

Oct. 23, 2019

PACER

Remark (Public)

Oct. 23, 2019

Oct. 23, 2019

PACER
10

SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Jefferson Beauregard Sessions III on 10/18/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019)

2 Exhibit B - Affidavit of Service by Certified Mail

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Nov. 4, 2019

Nov. 4, 2019

PACER
11

SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Gene Hamilton on 10/15/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019)

2 Exhibit B - Affidavit of Service by Certified Mail

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Nov. 4, 2019

Nov. 4, 2019

PACER
12

SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Stephen Miller on 10/16/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019)

2 Exhibit B - Affidavit of Service by Certified Mail

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Nov. 4, 2019

Nov. 4, 2019

PACER
13

SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Thomas Homan on 10/19/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019)

2 Exhibit B - Affidavit of Service by Certified Mail

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Nov. 4, 2019

Nov. 4, 2019

PACER
14

SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Alex Azar on 10/16/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019)

1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested

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2 Exhibit B - Affidavit of Service by Certified Mail

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Nov. 4, 2019

Nov. 4, 2019

PACER
15

MOTION to Seal Document Containing Defendants' Home Addresses by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Text of Proposed Order)(Chepiga, Geoffrey) (Entered: 11/11/2019)

1 Text of Proposed Order

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Nov. 11, 2019

Nov. 11, 2019

RECAP
16

ORDER granting 15 Motion to Seal Documents Containing Defendants' Home Addresses. Signed by Judge James A Soto on 11/12/19. (See attached PDF for complete information.) (KAH) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
17

*Redacted Summons pursuant to 11/12/19 Order by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Affidavit, # 21 Affidavit, # 22 Affidavit, # 23 Affidavit)(Chepiga, Geoffrey) *Modified on 11/14/2019 to correct filing title (DLC). (Entered: 11/13/2019)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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17 Summons

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18 Summons

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19 Summons

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20 Affidavit

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21 Affidavit

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22 Affidavit

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23 Affidavit

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Nov. 13, 2019

Nov. 13, 2019

PACER
18

NOTICE of Appearance by Molly Patricia Brizgys on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Brizgys, Molly) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
19

NOTICE of Attorney Withdrawal Marty Lieberman filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
20

NOTICE of Appearance by Paul C Quast on behalf of Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
21

Joint MOTION for Extension of Time Extend Deadlines and Set Briefing Schedule by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 12/16/2019)

1 Text of Proposed Order

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Dec. 16, 2019

Dec. 16, 2019

PACER
22

ORDERED that the parties' joint 21 Motion to set a Briefing Schedule and Consolidate and Extend Deadlines is granted. It is further ordered that Plaintiffs' 2 Motion to Proceed Using Initials and Pseudonyms is granted. Signed by Judge James A Soto on 12/17/2019. (SEE ORDER FOR COMPLETE DETAILS.) (BAR) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
23

NOTICE of Appearance by Christine Keeyeh Wee on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Wee, Christine) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
24

NOTICE of Attorney Withdrawal filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER

Remark re Pro Hac Vice Motion

Feb. 4, 2020

Feb. 4, 2020

PACER

Remark: Pro hac vice motion(s) granted for Stephen Kang on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Feb. 4, 2020

Feb. 4, 2020

PACER
25

Joint MOTION for Leave to File Excess Pages by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 02/06/2020)

1 Text of Proposed Order

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Feb. 6, 2020

Feb. 6, 2020

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ORDER granting 25 Motion for Leave to File Excess Pages. Signed by Judge James A Soto on 2/10/20.(JAS, kr) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
27

NOTICE of Appearance by Stephen Kang on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Kang, Stephen) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
28

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

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STIPULATION re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Stipulation for Extension of Time to file Opposition to the Defendants' Motion to Dismiss and Defendants' Reply thereto) by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Text of Proposed Order)(Chepiga, Geoffrey) (Entered: 03/20/2020)

1 Text of Proposed Order

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March 20, 2020

March 20, 2020

PACER
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ORDER granting the stipulation (Doc. 29 ). Plaintiffs shall now file their opposition to Defendants' Motion to Dismiss on or before April 22, 2020, and Defendants shall file their consolidated reply in support of their Motion to Dismiss on or before June 2, 2020. Signed by Judge James A Soto on 3/23/2020. (ARC) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
31

RESPONSE in Opposition re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, RESPONSE to Motion re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

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REPLY to Response to Motion re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

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NOTICE re: Supplemental Authorities by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim . (Quast, Paul) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
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NOTICE re: Supplemental Authority by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne re: 28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim . (Quast, Paul) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

Remark re Pro Hac Vice Motion

July 2, 2020

July 2, 2020

PACER

Remark: Pro hac vice motion(s) granted for Spencer E Amdur on behalf of Plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA)

July 2, 2020

July 2, 2020

PACER
35

NOTICE of Appearance by Spencer E Amdur on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Amdur, Spencer) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
36

RESPONSE re: 34 Notice (Other), 33 Notice (Other) / Plaintiffs' Response to Defendants' Notices of Supplemental Authorities by Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

RECAP

Due to the appointment of a new District Judge in the Tucson Division, this case is hereby reassigned by the Clerk to the Honorable District Judge Scott H. Rash. All future filings shall reflect the following case number CV 19-481-SHR.

July 15, 2020

July 15, 2020

PACER

Remark (Public)

July 15, 2020

July 15, 2020

PACER

Remark (Public)

July 15, 2020

July 15, 2020

PACER
37

MOTION to Amend/Correct 1 Complaint (Leave to File a First Amended Class Action Complaint) by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Proposed Amended Complaint, # 3 Exhibit 2A - Presentment letter for Plaintiffs Ana, Jaime & Mateo, # 4 Exhibit 2B - Presentment letter for Plaintiffs Lorena & Karina, # 5 Exhibit 2C - Presentment letter for Plaintiffs Jorge & Diana, # 6 Exhibit 2D - Presentment letter for Plaintiffs Jairo & Beatriz, # 7 Exhibit 2E - Presentment letter for Plaintiffs Jacinto & Andres, # 8 Text of Proposed Order)(Rubin, Jacqueline) (Entered: 07/22/2020)

1 Index of Exhibits

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2 Exhibit 1 - Proposed Amended Complaint

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3 Exhibit 2A - Presentment letter for Plaintiffs Ana, Jaime & Mateo

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4 Exhibit 2B - Presentment letter for Plaintiffs Lorena & Karina

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5 Exhibit 2C - Presentment letter for Plaintiffs Jorge & Diana

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6 Exhibit 2D - Presentment letter for Plaintiffs Jairo & Beatriz

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7 Exhibit 2E - Presentment letter for Plaintiffs Jacinto & Andres

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8 Text of Proposed Order

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July 22, 2020

July 22, 2020

PACER
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RESPONSE to Motion re: 37 MOTION to Amend/Correct 1 Complaint (Leave to File a First Amended Class Action Complaint) filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

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REPLY to Response to Motion re: 37 MOTION to Amend/Correct 1 Complaint (Leave to File a First Amended Class Action Complaint) filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
40

ORDERED the Plaintiffs' motion for leave to file a First Amended Complaint 37 is GRANTED and the First Amended Complaint shall be filed no later than Friday, September 25, 2020. IT IS FURTHER ORDERED the Defendants' motion to dismiss 28 is DENIED without prejudice. Signed by Judge Scott H Rash on 8/28/20. (MYE) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

RECAP
41

AMENDED COMPLAINT, filed pursuant to the Court's Order granting Plaintiffs' motion for leave to file a First Amended Complaint [Dkt. No. 40] against Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Unknown Parties, Ronald D Vitiello, Margaret Wynne, United States of America filed by L.L.H.O., A.I.I.L., J.L.V.A., J.I.S., J.J.P.B..(Rubin, Jacqueline) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

RECAP
42

SUMMONS Submitted by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
43

Summons Issued as to United States of America. (JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
44

Joint MOTION for Extension of Time to Extend Deadlines and Set Briefing Schedule by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 09/15/2020)

1 Text of Proposed Order

View on PACER

Sept. 15, 2020

Sept. 15, 2020

PACER
45

ORDER granting 44 Joint Motion for Extension of Time. It is further ordered the Individual Defendants shall file a motion to dismiss on or before November 13, 2020; Plaintiffs shall file an opposition to the motion to dismiss on or before December 23, 2020; and the Individual Defendants shall file a reply in support of their motion to dismiss on or before January 27, 2021. Signed by Judge Scott H Rash on 9/15/2020. (ARC) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
46

NOTICE OF ATTORNEY APPEARANCE: Philip D. MacWilliams appearing for United States of America. . (MacWilliams, Philip) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
47

Joint MOTION for Leave to File Excess Pages by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 10/13/2020)

1 Text of Proposed Order

View on PACER

Oct. 13, 2020

Oct. 13, 2020

PACER
48

ORDER granting 47 Joint Motion for Leave to File Excess Pages. It is further ordered the Individual Defendants shall file a consolidated motion to dismiss, not to exceed 60 pages; Plaintiffs shall file a consolidated opposition to the motion to dismiss, not to exceed 60 pages; and the Individual Defendants shall file a consolidated reply in support of their motion to dismiss, not to exceed 30 pages. Signed by Judge Scott H Rash on 10/13/2020. (ARC) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
49

SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, First Amended Class Action Complaint, and Notice of Mandatory Initial Discovery Pilot Project upon United States of America on September 14, 2020. (Attachments: # 1 Exhibit A-Affidavit of Service by Certified ail Return Receipt Requested)(Chepiga, Geoffrey) (Entered: 10/14/2020)

1 Exhibit A-Affidavit of Service by Certified ail Return Receipt Requested

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Oct. 14, 2020

Oct. 14, 2020

PACER
50

*Joint MOTION for Leave to File Excess Pages for Motion To Dismiss and Proposed Briefing Schedule by United States of America. (Attachments: # 1 Text of Proposed Order)(MacWilliams, Philip) *Modified to reflect required document not attached on 11/4/2020 (MYE). (Entered: 11/03/2020)

1 Text of Proposed Order

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Nov. 3, 2020

Nov. 3, 2020

PACER
51

ORDER GRANTING 50 Motion for Leave to File Excess Pages. IT IS ORDERED the page limits are enlarged to 35 pages for the motion to dismiss and opposing memorandum of law, and 20 pages for the reply in support. Defendant United States shall file its motion to dismiss on or before 11/23/20; Plaintiffs shall file their opposing memorandum of law on or before 12/23/20; and Defendant United States shall file its reply in support on or before 1/22/20. Signed by Judge Scott H Rash on 11/4/20. (BAC) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER

Due to the appointment of a new District Judge in the Tucson Division, this case is hereby reassigned by the Clerk to the Honorable District Judge John C Hinderaker. All future filings shall reflect the following case number CV 19-481-JCH.

Nov. 5, 2020

Nov. 5, 2020

PACER

Remark (Public)

Nov. 5, 2020

Nov. 5, 2020

PACER

Remark (Public)

Nov. 5, 2020

Nov. 5, 2020

PACER
52

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

RECAP
53

MOTION to Dismiss for Lack of Jurisdiction And For Improper Venue by United States of America. (Attachments: # 1 Exhibit Exhibit A with attachments)(MacWilliams, Philip) (Entered: 11/23/2020)

1 Exhibit Exhibit A with attachments

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Nov. 23, 2020

Nov. 23, 2020

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54

*RESPONSE in Opposition re: 52 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) *Modified to correct event type on 12/30/2020 (ARC). (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

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55

*RESPONSE in Opposition re: 53 MOTION to Dismiss for Lack of Jurisdiction And For Improper Venue filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) *Modified to correct event type on 12/30/2020 (ARC). (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

RECAP
56

Consent MOTION for Extension of Time to File Response/Reply by United States of America. (Attachments: # 1 Text of Proposed Order)(MacWilliams, Philip) (Entered: 01/21/2021)

1 Text of Proposed Order

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Jan. 21, 2021

Jan. 21, 2021

PACER
57

Consent MOTION for Extension of Time to File Response/Reply by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 01/21/2021)

1 Text of Proposed Order

View on PACER

Jan. 21, 2021

Jan. 21, 2021

PACER
58

ORDERED that the Motion (Doc. 56 ) is GRANTED. Defendant United States shall file its reply brief on or before February 5, 2021. Signed by Judge John C Hinderaker on 1/21/2021. (ARC) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
59

ORDERED that the Motion (Doc. 57 ) is GRANTED. The Individual Defendants shall file their reply brief on or before February 5, 2021. Signed by Judge John C Hinderaker on 1/21/2021. (ARC) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
60

NOTICE of Attorney Withdrawal (Emily Goldberg) filed by Jacqueline P Rubin. (Rubin, Jacqueline) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
61

REPLY to Response to Motion re: 52 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

RECAP
62

REPLY to Response to Motion re: 53 MOTION to Dismiss for Lack of Jurisdiction And For Improper Venue filed by United States of America. (MacWilliams, Philip) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

RECAP
63

MOTION to Hold Action in Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Text of Proposed Order)(Rubin, Jacqueline) (Entered: 05/20/2021)

1 Text of Proposed Order

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May 20, 2021

May 20, 2021

RECAP
64

RESPONSE in Opposition re: 63 MOTION to Hold Action in Abeyance filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
65

REPLY to Response to Motion re: 63 MOTION to Hold Action in Abeyance filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
66

ORDERED GRANTING Plaintiffs' Motion to Hold Action in Abeyance (Doc. 63 ). It is further ordered STAYING this matter, including all remaining deadlines and hearings, for a period of SIXTY (60) DAYS from the date of this order. Signed by Judge John C Hinderaker on 6/1/2021. (ARC) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

RECAP
67

Second MOTION to Hold Action in Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Rubin, Jacqueline) (Entered: 08/02/2021)

1 Exhibit 1

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2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Text of Proposed Order

View on PACER

Aug. 2, 2021

Aug. 2, 2021

RECAP
68

RESPONSE in Opposition re: 67 Second MOTION to Hold Action in Abeyance filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
69

ORDER granting 67 Plaintiffs' Second Motion to Hold Action in Abeyance. It is further ordered STAYING this matter, including all remaining deadlines and hearings, for a period of SIXTY (60) DAYS from the date of this order. Signed by Judge John C Hinderaker on 8/13/2021. (ARC) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

RECAP
70

Third MOTION to Hold Action in Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Text of Proposed Order)(Rubin, Jacqueline) (Entered: 10/13/2021)

1 Text of Proposed Order

View on PACER

Oct. 13, 2021

Oct. 13, 2021

RECAP
71

RESPONSE in Opposition re: 70 Third MOTION to Hold Action in Abeyance filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

RECAP
72

REPLY to Response to Motion re: 70 Third MOTION to Hold Action in Abeyance filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

RECAP
73

ORDERED GRANTING Plaintiffs' Motion to Hold Action in Abeyance (Doc. 70 ). It is further ordered staying this matter, including all remaining deadlines and hearings, for a period of SIXTY (60) DAYS from the date of this order. It is further ordered setting a Status Conference on Tuesday, January 11, 2022 at 11:30 a.m. (MST). Signed by Judge John C Hinderaker on 11/18/2021. (See Order for complete details)(ARC) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
74

MOTION to Lift Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Text of Proposed Order)(Rubin, Jacqueline) (Entered: 12/16/2021)

1 Text of Proposed Order

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Dec. 16, 2021

Dec. 16, 2021

RECAP
75

ORDER granting 74 Plaintiffs' Motion to Lift Abeyance. This matter is no longer stayed. It is further ordered vacating the Status Conference set on Tuesday, January 11, 2022 at 11:30 a.m. (MST). Signed by Judge John C Hinderaker on 1/7/2022. (ARC) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

RECAP
76

ORDERED GRANTING Defendants' Motion to Dismiss. (Doc. 52 .) Counts IVIII are DISMISSED WITHOUT LEAVE TO AMEND and the Individual Defendants, listed above in footnote one, are dismissed from this action. Signed by Judge John C Hinderaker on 3/31/2022. (ARC) (Entered: 04/01/2022)

March 31, 2022

March 31, 2022

RECAP
77

ORDERED GRANTING United States' Motion to Dismiss (Doc. 53 ) with respect to Plaintiffs J.J.P.B. and A.E.P.F.'s claims for improper venue. The Court will DEFER ruling on the dismissal or transfer of the claims pending additional briefing on the matter. Plaintiffs J.J.P.B. and A.E.P.F may file a supplemental Motion indicating where venue is most appropriate on or before April 8, 2022. The United States may file their response on or before April 15, 2022. The parties should ensure that all filings comply with Local Rules of Civil Procedure 7.1 and 7.2. It is further ordered denying United States' Motion to Dismiss (Doc. 53 ) as to the remaining claims. It is further ordered requiring the United States to answer the First Amended Complaint, with respect to the remaining allegations, no later than fourteen (14) days from the date of this Order. Signed by Judge John C Hinderaker on 3/31/2022. (See Order for complete details) (ARC) (Entered: 04/01/2022)

March 31, 2022

March 31, 2022

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78

BRIEF re: 77 Order on Motion to Dismiss/Lack of Jurisdiction,,, (Plaintiffs' Supplemental Brief on Transfer of Venue for Plaintiffs J.J.P.B. and A.E.P.F.) by Plaintiff J.J.P.B.. (Attachments: # 1 Proposed Order)(Rubin, Jacqueline) (Entered: 04/08/2022)

1 Proposed Order

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April 8, 2022

April 8, 2022

RECAP
79

NOTICE of Appearance by Walter Edward Parker, IV on behalf of United States of America. (Parker, Walter) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

RECAP
80

NOTICE of Appearance by Sarah Klein on behalf of United States of America. (Klein, Sarah) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 3, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two classes of immigrant children and their parents separated at United States immigrant facilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

United States, Federal

United States, Federal

United States, Federal

United States, Federal

United States of America, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

42 U.S.C. § 1985

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

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

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:

Classification / placement

Conditions of confinement

Confinement/isolation

Disparate Impact

Failure to supervise

Family reunification

Juveniles

Neglect by staff

Parents (visitation, involvement)

Pattern or Practice

Placement in detention facilities

Youth / Adult separation

Discrimination-basis:

Family discrimination

Immigration status

National origin discrimination

Race discrimination

Language:

Spanish

Type of Facility:

Government-run

Immigration/Border:

Admission - procedure

Asylum - procedure

Border police

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures

Family Separation

Status/Classification

Undocumented immigrants - rights and duties

National Origin/Ethnicity:

Hispanic