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Case: Adlerstein v. U.S. Customs and Border Protection

4:19-cv-00500 | U.S. District Court for the District of Arizona

Filed Date: Oct. 16, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involves the effects of the Trump administration’s efforts to increase scrutiny of private United States citizens working on behalf of migrants and refugees along the U.S.-Mexico border. On October 16, 2019, the plaintiffs, three humanitarian activists, filed a complaint in the U.S. District Court for the District of Arizona against U.S. Customs and Border Protection (“CBP”), U.S. Immigrations and Customs Enforcement (“ICE”), the FBI, and each of their respective directors in their of…

This case involves the effects of the Trump administration’s efforts to increase scrutiny of private United States citizens working on behalf of migrants and refugees along the U.S.-Mexico border. On October 16, 2019, the plaintiffs, three humanitarian activists, filed a complaint in the U.S. District Court for the District of Arizona against U.S. Customs and Border Protection (“CBP”), U.S. Immigrations and Customs Enforcement (“ICE”), the FBI, and each of their respective directors in their official capacities. The plaintiffs alleged violations of their First and Fourth Amendment rights as well as violations of the Privacy Act, 5 U.S.C. § 552a. They sought injunctive and compensatory relief in addition to a declaratory judgment. The plaintiffs were represented by the ACLU Foundation of Southern California and the law firm Kirkland & Ellis LLP. Specifically, the plaintiffs claimed that the defendants unlawfully detained, investigated, interrogated, surveilled, and collected information about them in absence of any reasonable criminal activity, and solely because the Trump administration was targeting individuals involved in humanitarian efforts to help migrants and refugees in the United States and Mexico.

For example, one plaintiff, a journalist whose work focused on international human rights, migration, and refugees, was detained at the Arizona border as she accompanied a migrant presenting an asylum claim. This plaintiff was held in a cold, windowless cell for four hours, and was told by a border official that “[t]he Fourth Amendment doesn’t apply here.” Another plaintiff, a photographer, was shackled to a bench for hours by border officials, after which he was interrogated about his volunteer work and political beliefs. The last plaintiff was referred for secondary inspection on twenty-six of his twenty-eight times crossing from Mexico into the U.S., and was repeatedly detained, searched, and interrogated, even though there was no indication of criminal activity on his part.

On August 4, 2020, the court heard oral argument for the defendant's motion to dismiss for failure to state a claim and for lack of jurisdiction, and, in the alternative, a motion for partial summary judgment. The court granted in part and denied in part the motions on October 1. The court held that the plaintiffs established that they were “realistically threatened by a repetition of the violation” and therefore their claim could not be dismissed for lack of standing. The court also found that the plaintiffs sufficiently alleged First Amendment retaliation claims and Fourth Amendment claims. The court denied the motion to dismiss claims for expungement of records because the evidence supported an inference that the plaintiffs could plausibly be entitled to equitable relief. The court agreed with the defendants only on one count, and it dismissed the plaintiff’s Privacy Act prayer for damages because the plaintiff failed to plead actual damages. The claim was dismissed without prejudice though, and the plaintiff was able to replead actual damages. 

Following the court’s October 1, 2020 order, the plaintiff’s filed an amended complaint on October 26 alleging damages in the form of lost employment for two plaintiffs and the need to buy a replacement cell-phone for one plaintiff. 

The parties began discovery, and the court declined to extend the stay of discovery while parties continued to attempt to reach a settlement agreement. The case is still ongoing. 

Summary Authors

Emma Siskin (2/7/2020)

Emma Mertens (4/8/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16340772/parties/adlerstein-v-united-states-customs-and-border-protection/


Judge(s)

Jorgenson, Cindy K. (Arizona)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Brizgys, Molly Patricia (Arizona)

Lieberman, Martin (Arizona)

Pilmer, Robert Alexander (California)

Tajsar, Mohammad K. (California)

Wee, Christine Keeyeh (Arizona)

Attorneys(s) for Defendant

Norway, Robert Mark (District of Columbia)

Judge(s)

Jorgenson, Cindy K. (Arizona)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Brizgys, Molly Patricia (Arizona)

Lieberman, Martin (Arizona)

Pilmer, Robert Alexander (California)

Tajsar, Mohammad K. (California)

Wee, Christine Keeyeh (Arizona)

Attorneys(s) for Defendant

Norway, Robert Mark (District of Columbia)

Documents in the Clearinghouse

Document

4:19-cv-00500

Docket [PACER]

Adlerstein v. United States Customs and Border Protection

Feb. 11, 2020

Feb. 11, 2020

Docket
1

4:19-cv-00500

Complaint

Oct. 16, 2019

Oct. 16, 2019

Complaint
30

4:19-cv-00500

Order

Oct. 1, 2020

Oct. 1, 2020

Order/Opinion
33

4:19-cv-00500

First Amended Complaint

Oct. 26, 2020

Oct. 26, 2020

Complaint
52

4:19-cv-00500

Order

Dec. 20, 2021

Dec. 20, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16340772/adlerstein-v-united-states-customs-and-border-protection/

Last updated Nov. 2, 2022, 3:30 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17520395 filed by Alex Mensing, Jeff Valenzuela, Ana Adlerstein. (Lieberman, Martin) (Attachments: # 1 Civil Cover Sheet)(MCO) (Entered: 10/16/2019)

1 Civil Cover Sheet

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Oct. 16, 2019

Oct. 16, 2019

RECAP
2

SUMMONS Submitted by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Lieberman, Martin) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(MCO) (Entered: 10/16/2019)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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Oct. 16, 2019

Oct. 16, 2019

PACER
3

Filing fee paid, receipt number 0970-17520395. This case has been assigned to the Honorable Cindy K. Jorgenson. All future pleadings or documents should bear the correct case number: CV-19-500-TUC-CKJ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 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. (MCO) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
5

Summons Issued as to Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/16/2019)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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Oct. 16, 2019

Oct. 16, 2019

PACER
6

SUMMONS Submitted by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Lieberman, Martin) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
7

Summons Issued as to United States Immigration and Customs Enforcement. (LML). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER

Remark re Pro Hac Vice Motion

Oct. 18, 2019

Oct. 18, 2019

PACER

Remark: Pro hac vice motion(s) granted for Mohammad Tajsar on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, and Jeff Valenzuela. 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. 23, 2019

Oct. 23, 2019

PACER

Remark: Pro hac vice motion(s) granted for Ahilan Arulanantham on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 23, 2019

Oct. 23, 2019

PACER

Remark: Pro hac vice motion(s) granted for Robert Alexander Pilmer on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, and Jeff Valenzuela. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 1, 2019

Nov. 1, 2019

PACER

Remark re Pro Hac Vice Motion

Nov. 1, 2019

Nov. 1, 2019

PACER
8

SERVICE EXECUTED filed by Ana Adlerstein, Alex Mensing, Jeff Valenzuela: Proof of Service re: Summons & Complaint upon Defendants, Attorney General of the United States, United States Attorney for District of Arizona on October 17, 2019. (Tajsar, Mohammad) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
9

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

Dec. 4, 2019

Dec. 4, 2019

PACER
10

NOTICE of Appearance by Robert Mark Norway on behalf of Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Norway, Robert) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
11

Consent MOTION for Extension of Time to Respond to The Complaint, from December 16, 2019, to and including February 10, 2020, by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Proposed Order)(Norway, Robert) Modified on 12/13/2019 (BAR). (Entered: 12/12/2019)

1 Proposed Order

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Dec. 12, 2019

Dec. 12, 2019

PACER
12

ORDER granting 11 Motion for Extension of Time to Answer to Complaint. Response to the Complaint extended to and including February 10, 2020. Signed by Senior Judge Cindy K Jorgenson on 12/17/2019. (BAR) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
13

NOTICE of Appearance by Christine Keeyeh Wee on behalf of Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Wee, Christine) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
14

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

Jan. 17, 2020

Jan. 17, 2020

PACER
15

Consent MOTION for Leave to File Excess Pages for Defendants' Motion In Response to the Complaint and Plaintiffs' Opposition by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Proposed Order)(Norway, Robert) (Entered: 02/07/2020)

1 Proposed Order

View on PACER

Feb. 7, 2020

Feb. 7, 2020

PACER
16

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction, MOTION for Summary Judgment, in the alternative on one claim, by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Exhibit 1, Declaration of C. Campbell and Attachment, # 2 Exhibit 2, Declaration of D. Danisek and Attachments)(Norway, Robert) (Entered: 02/10/2020)

1 Exhibit 1, Declaration of C. Campbell and Attachment

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2 Exhibit 2, Declaration of D. Danisek and Attachments

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Feb. 10, 2020

Feb. 10, 2020

RECAP
17

STATEMENT OF FACTS re: 16 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment, in the alternative on one claim, by Defendants Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Exhibit 1, Declaration of M. Williams and Attachments)(Norway, Robert) (Entered: 02/10/2020)

1 Exhibit 1, Declaration of M. Williams and Attachments

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Feb. 10, 2020

Feb. 10, 2020

PACER
18

ORDER granting 15 Consent Motion for Leave to File Excess Pages. It is further ordered that the page limit for Defendants' motion and Plaintiffs' response is enlarged to 30 pages. Signed by Senior Judge Cindy K Jorgenson on 2/10/2020. (ARC) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
19

RESPONSE to Motion re: 16 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment, in the alternative on one claim, filed by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Attachments: # 1 Declaration of Mohammad Tajsar)(Tajsar, Mohammad) (Entered: 03/11/2020)

1 Declaration of Mohammad Tajsar

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March 11, 2020

March 11, 2020

PACER
20

STATEMENT OF FACTS re: 19 Response to Motion to Dismiss for Lack of Jurisdiction by Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Attachments: # 1 Declaration of Ana Adlerstein)(Tajsar, Mohammad) (Entered: 03/11/2020)

1 Declaration of Ana Adlerstein

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March 11, 2020

March 11, 2020

RECAP
21

NOTICE of Appearance by Michael Drezner on behalf of Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Drezner, Michael) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
22

Consent MOTION for Extension of Time to File Response/Reply by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 03/24/2020)

1 Text of Proposed Order

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March 24, 2020

March 24, 2020

PACER
23

ORDERED the consent motion (Doc. 22 ) is GRANTED. Defendants shall file their reply on or before April 16, 2020. Signed by Senior Judge Cindy K Jorgenson on 3/25/2020. (ARC) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
24

MOTION for Leave to File Excess Pages Unopposed by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 04/16/2020)

1 Text of Proposed Order

View on PACER

April 16, 2020

April 16, 2020

PACER
25

REPLY to Response to Motion re: 16 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment, in the alternative on one claim, filed by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Drezner, Michael) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
26

ORDERED that the consent motion (Doc. 24 ) is GRANTED. Signed by Senior Judge Cindy K Jorgenson on 4/20/2020. (ARC) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
27

NOTICE of Attorney Substitution by Robert Mark Norway. (Norway, Robert) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
28

ORDER Setting Hearing on Motion 16 MOTION to Dismiss For Lack of Jurisdiction and Failure to State A Claim and, in the Alternative, Partial Motion for Summary Judgment: Oral Argument Hearing set for 8/4/2020 at 10:30AM before Senior Judge Cindy K Jorgenson. Counsel and, if they so choose, the parties shall appear by video through the use of the National Video Teleconference System (NVTCS) or national video bridge, Cisco Jabber and Cisco Meeting Server (CMS). Signed by Senior Judge Cindy K Jorgenson on 7/14/20. (KAH) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
29

MINUTE ENTRY for Motion Hearing held August 4, 2020 before Senior Judge Cindy K. Jorgenson. The parties present argument to the Court regarding the Defendants' Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim and, in the Alternative, Partial Motion for Summary Judgment (Doc. 16 ). The Court takes the matter UNDER ADVISEMENT. Appearances: Mohammad Tajsar and Ahilan Arulanantham (appearing telephonically) for the plaintiff, Ana Adlerstein, et al. Michael Drezner (appearing telephonically) for the defendants, United States Customs and Border Protection, et al. Court Reporter: Cheryl Cummings. Hearing held 10:48 a.m. to 12:05 p.m. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (SGF) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER

1 - Common Prompts (Text Only) AND Order on Motion to Dismiss for Failure to State a Claim AND Motion Hearing AND Order on Motion for Summary Judgment AND Order on Motion to Dismiss/Lack of Jurisdiction

Aug. 4, 2020

Aug. 4, 2020

PACER

Motion Hearing AND 1 - Common Prompts (Text Only) AND Order on Motion for Summary Judgment AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction

Aug. 4, 2020

Aug. 4, 2020

PACER

Motion Hearing AND Order on Motion for Summary Judgment AND Order on Motion to Dismiss/Lack of Jurisdiction AND 1 - Common Prompts (Text Only) AND Order on Motion to Dismiss for Failure to State a Claim

Aug. 4, 2020

Aug. 4, 2020

PACER

Motion Hearing AND Order on Motion for Summary Judgment AND 1 - Common Prompts (Text Only) AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss for Failure to State a Claim

Aug. 4, 2020

Aug. 4, 2020

PACER

1 - Common Prompts (Text Only) AND Motion Hearing AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion for Summary Judgment AND Order on Motion to Dismiss/Lack of Jurisdiction

Aug. 4, 2020

Aug. 4, 2020

PACER
30

ORDERED: The Motion to Dismiss For Lack of Jurisdiction and Failure to State A Claim and, in the Alternative, Partial Motion for Summary Judgment (Doc. 16 ) is GRANTED IN PART AND DENIED IN PART. Signed by Senior Judge Cindy K Jorgenson on 9/30/2020. (See Order for complete details) (ARC) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

RECAP
31

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT and to Stay Discovery by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 10/14/2020)

1 Text of Proposed Order

View on PACER

Oct. 14, 2020

Oct. 14, 2020

PACER
32

ORDER ON STIPULATION FOR EXTENSION OF TIME TO ANSWER AND FOR STAY OF DISCOVERY: It is hereby ordered that the time by which Defendants must answer Plaintiffs' complaint is hereby extended to fourteen (14) days from either the date upon which Plaintiffs file any amended complaint; OR the date upon which Plaintiffs notify Defendants that they will not be seeking to amend their complaint. Discovery in this matter is stayed until such time as all discovery is completed in Phillips et al. v. United States Customs and Border Protection, et al., C.D. Cal. No. 2:19-CV-06338-SVW (JEMx). Signed by Senior Judge Cindy K Jorgenson on 10/19/2020. (See Order for complete details)(ARC) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
33

AMENDED COMPLAINT against All Defendants filed by Alex Mensing, Jeff Valenzuela, Ana Adlerstein.(Tajsar, Mohammad) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

RECAP
34

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Ana Adlerstein, Alex Mensing, Jeff Valenzuela . (Tajsar, Mohammad) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
35

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT and to Stay Initial Disclosures by Federal Bureau of Investigation, United States Customs and Border Protection, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 11/06/2020)

1 Text of Proposed Order

View on PACER

Nov. 6, 2020

Nov. 6, 2020

PACER
36

ORDER ON STIPULATION FOR EXTENSION OF TIME TO ANSWER AND FOR STAY OF DISCOVERY: It is hereby ordered that the time by which Defendants must answer Plaintiffs' amended complaint is hereby extended by twenty five days, such that it is due on or before December 4, 2020. All deadlines pertaining to initial disclosures in this matter are stayed until such time as all discovery is completed in Phillips et al. v. United States Customs and Border Protection, et al., C.D. Cal. No. 2:19-CV-06338-SVW (JEMx). Signed by Senior Judge Cindy K Jorgenson on 11/12/2020. (See Order for complete details)(ARC) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
37

ANSWER to 33 Amended Complaint by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray.(Drezner, Michael) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
38

STATUS REPORT OF PARTIES by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Tajsar, Mohammad) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
39

STATUS REPORT OF PARTIES by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Tajsar, Mohammad) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER
40

ORDERED: The parties' stipulation is ADOPTED and the parties shall file a joint status report on September 24, 2021 to update the Court as to the parties' settlement discussions. Additionally, if in the parties' view, settlement discussions advanced to the point where discovery should be stayed pending a final stipulated agreement, the parties shall make that request in the September 24, 2021 report. The parties shall submit leave of the Court to deviate from General Order 17-08 in the form of a stipulation on or before August 9, 2021. Alternatively, the parties shall submit a joint report advising the Court of the status of the case on or before August 9, 2021. Signed by Senior Judge Cindy K Jorgenson on 8/2/2021. (ARC) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
41

STIPULATION as to Initial Disclosures and Schedule by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
42

ORDER ON STIPULATION AS TO INITIAL DISCLOSURES AND SCHEDULE the parties shall adhere to General Order 17-08, except as set forth in this Order. Signed by Senior Judge Cindy K Jorgenson on 08/10/2021. (See attached Order for complete details).(SCA) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
43

NOTICE of Attorney Withdrawal of Robert Alexander Pilmer filed by Robert Alexander Pilmer. (Pilmer, Robert) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
44

Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Tajsar, Mohammad) (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
45

NOTICE of Appearance by Lisa Ann Olson on behalf of Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Olson, Lisa) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
46

NOTICE of Appearance by Martin M Tomlinson on behalf of Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Tomlinson, Martin) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
47

NOTICE of Appearance by Sophie Kaiser on behalf of Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Kaiser, Sophie) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
48

STATUS REPORT REGARDING PARTIES PROPOSED PROTECTIVE ORDER AND SETTLEMENT DISCUSSIONS by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Tajsar, Mohammad) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
49

Joint MOTION for Protective Order by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Exhibit A - Defendants' Proposed Version, # 2 Exhibit B - Plaintiffs' Proposed Version, # 3 Exhibit C - Phillips Complaint, # 4 Exhibit D - Guan Complaint, # 5 Exhibit E - Dousa Complaint, # 6 Exhibit F - Phillips Order on protective order, # 7 Exhibit G - Phillips Protective Order, # 8 Exhibit H - Phillips Order on Summary Judgment, # 9 Exhibit I - Dousa JSR, # 10 Exhibit J - Parties' Redlined Version)(Kaiser, Sophie) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

PACER
50

Report - Status

Dec. 2, 2021

Dec. 2, 2021

PACER

Remark: Pro hac vice motion(s) granted for Charles Donald Jarrell, Stephanie Shontai Elder on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 8, 2021

Dec. 8, 2021

PACER

Remark re Pro Hac Vice Motion

Dec. 8, 2021

Dec. 8, 2021

PACER

Remark: Pro hac vice motion(s) granted for Rachel Meghan Sanders on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 9, 2021

Dec. 9, 2021

PACER

Remark re Pro Hac Vice Motion

Dec. 9, 2021

Dec. 9, 2021

PACER

Remark re Pro Hac Vice Motion

Dec. 15, 2021

Dec. 15, 2021

PACER

Remark: Pro hac vice motion(s) granted for Suzanne E Kenney on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 15, 2021

Dec. 15, 2021

PACER
51

Consent MOTION for Protective Order Temporary Protective Order to Cover Materials Produced During Mediation by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Proposed Order Proposed Temporary Protective Order)(Tomlinson, Martin) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
52

ORDER granting 49 Motion for Protective Order; denying 51 Motion for Protective Order. Signed by the Hon. Cindy K. Jorgenson on 12/20/2021.(CKJ, ej) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

RECAP
53

PROTECTIVE ORDER. Signed by the Hon. Cindy K. Jorgenson on 12/20/2021. (CKJ, ej) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
54

SCHEDULING ORDER: All discovery, including depositions of parties and witnesses, shall be completed by December 31, 2022. Dispositive motions related to issues other than exhaustion shall be filed on or before March 1, 2023. Plaintiff and counsel shall file a brief Joint Settlement Status Report (containing no specific settlement terms or offers) on or before May 1, 2022, and every three (3) months thereafter. Counsel shall file a Joint Proposed Pretrial Order (Pretrial Statement) within thirty (30) days after resolution of the dispositive motions filed after the end of discovery. If no such motions are filed, a Joint Proposed Pretrial Order will be due on or before April 1, 2023. Signed by Senior Judge Cindy K Jorgenson on 2/22/2022. (See Order for complete details) (ARC) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER
55

Report - Settlement Talks/Discussions

May 2, 2022

May 2, 2022

PACER
56

Joinder

May 4, 2022

May 4, 2022

PACER
57

Notice of Attorney Appearance/Substitution - USA

June 1, 2022

June 1, 2022

PACER
58

Report - Settlement Talks/Discussions

July 29, 2022

July 29, 2022

PACER
59

Protective Order

Aug. 8, 2022

Aug. 8, 2022

PACER
60

Response in Opposition to Motion

Aug. 23, 2022

Aug. 23, 2022

PACER
61

Reply to Response to Motion

Aug. 29, 2022

Aug. 29, 2022

PACER
62

ORDER granting in part and denying in part 59 Motion for Protective Order Quashing Plaintiffs' Excess Interrogatories. Plaintiffs' Interrogatories to Defendant United States Customs and Border Protection, Set Two, and Plaintiffs' Interrogatories to Defendant United States Immigration and Customs Enforcement, Set Two, are QUASHED. Plaintiffs' request to propound additional interrogatories is GRANTED IN PART. Each Plaintiff may propound an additional 25 interrogatories to the defense. (See attached Order for complete details) Signed by Senior Judge Cindy K Jorgenson on 9/22/2022. (MCO)

Sept. 22, 2022

Sept. 22, 2022

RECAP
63

Stipulation

Sept. 29, 2022

Sept. 29, 2022

PACER
64

~Util - Set/Reset Deadlines/Hearings AND Order on Stipulation

Sept. 30, 2022

Sept. 30, 2022

PACER
65

Report - Settlement Talks/Discussions

Nov. 1, 2022

Nov. 1, 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. 16, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three private U.S. citizens who are humanitarian activists working on behalf of migrants and refugees along the U.S.-Mexico border

Plaintiff Type(s):

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

U.S. Customs and Border Protection; U.S. Immigrations and Customs Enforcement; Federal Bureau of Investigations, Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

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:

Over/Unlawful Detention

Type of Facility:

Government-run

Immigration/Border:

Border police

Constitutional rights

Detention - criteria

Detention - procedures