Case: Freedom for Immigrants v. U.S. Department of Homeland Security

2:19-cv-10424 | U.S. District Court for the Central District of California

Filed Date: Dec. 10, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 10, 2019, Freedom for Immigrants, a nonprofit organization that supports persons held in immigration detention facilities, filed this lawsuit in the U.S. District Court for the Central District of California. The plaintiff sought declaratory and injunctive relief against the U.S. Department of Homeland Security (DHS), its acting director in his official capacity, and U.S. Immigration and Customs Enforcement (ICE), and its acting director and acting deputy director in their official …

On December 10, 2019, Freedom for Immigrants, a nonprofit organization that supports persons held in immigration detention facilities, filed this lawsuit in the U.S. District Court for the Central District of California. The plaintiff sought declaratory and injunctive relief against the U.S. Department of Homeland Security (DHS), its acting director in his official capacity, and U.S. Immigration and Customs Enforcement (ICE), and its acting director and acting deputy director in their official capacities, alleging First Amendment violations. The plaintiff alleged that the defendants' shutdown of plaintiff's National Immigration Detention Hotline (the “Hotline”) was a retaliatory measure for engaging in protected speech with persons in immigration detention and bringing attention to detention facility conditions, in violation of plaintiff's First Amendment rights. The plaintiff further asserted that the shutdown of the Hotline prohibited persons in immigration detention from contacting plaintiff to report abuse or find resources unless they paid "exorbitant" fees to make a call, violating the detainee's First Amendment rights.

In 2013, plaintiff created the free and confidential Hotline for persons in immigration detention to allow detainees to "report abuse, find resources, and bridge the divide between detained persons and their family and loved ones." Plaintiff stated that it received 600-14,000 calls from around the country per month via the Hotline, allowing plaintiff "to draw attention to the physical and verbal abuse of detained persons, as well as ICE’s failure to ensure the provision of necessary medical treatments." The Hotline was prominently featured on Orange is the New Black, a show about life in U.S. prisons and immigration detention. The Hotline's feature brought national prominence to the plaintiff after the show's season premiere during July 2019, giving plaintiff a platform to speak about poor conditions and abuse occurring in immigration detention facilities.

The plaintiff asserted that within two weeks of the show's season premiere the plaintiff stopped receiving calls on the Hotline. According to the plaintiff, the defendants explained that the Hotline was removed from defendants' system because the plaintiff was not an approved organization. In an article in The Washington Post, a spokesperson for the defendants stated that the Hotline had been terminated because the “'group engaged in prohibited conduct' by permitting three-way calls and call forwarding." The plaintiff claimed that this statement was made without detailing the specific rules that were allegedly violated or providing any evidence of violations. The plaintiff also claimed that this interference was part of a broader trend of defendants' retaliatory measures against the plaintiff.

In the absence of the Hotline, plaintiff asserted that it has been forced to incur additional expenses to continue its mission. Plaintiff had to create new phone lines, which are no longer confidential, and deposit money into these accounts to allow immigrant detainees to continue to contact plaintiff at no cost.

Plaintiff filed a motion for preliminary injunction on the same day that the complaint was filed. The plaintiff sought an order to enjoin the defendants from further interference with the Hotline, to restore operation of the Hotline at all facilities operated by defendants, and to restrain the defendants from further retaliatory measures. The plaintiff asserted that a preliminary injunction was appropriate because it was likely to succeed on the merits and because absent an injunction, plaintiff's and immigration detainees' First Amendment rights would continue to be violated.

On December 11, 2019, District Court Judge Andre Birotte Jr. was assigned to this case.

On January 8, 2020, defendants filed an opposition to the motion for preliminary injunction. Defendants asserted that the plaintiff was an "unapproved non-profit organization" that took over an unmonitored extension phone number to facilitate phone calls with immigrant detainees. Defendants also claimed that plaintiff lacked standing because the Hotline number was not under plaintiff's control and plaintiff had other means of continuing its mission and activities. Finally, defendants argued that its conduct did not violate the plaintiff's First Amendment rights and that plaintiff cannot prove necessary causation to show that defendants' conduct was retaliatory.

On February 11, 2020, Judge Birotte issued an order granting the plaintiff's motion for preliminary injunction. Judge Birotte found that plaintiff established a likelihood of success on the merits of its claim that defendants retaliated against plaintiff for its exercise of First Amendment rights. Judge Birotte also concluded that the four-month period between the shutdown of the Hotline and the filing of the suit, during which the plaintiff was likely deprived of its First Amendment rights, is sufficient to satisfy the irreparable harm requirement for preliminary injunctive relief. Judge Birotte ordered that the defendants are enjoined from further interference with the Hotline and that the Hotline must be restored in all detention facilities operated by defendants until final judgment in this matter is rendered.

The case is ongoing.

Summary Authors

Aaron Gurley (2/15/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16566075/parties/freedom-for-immigrants-v-us-department-of-homeland-security/


Judge(s)

Birotte, Andre Jr. (California)

Attorneys(s) for Plaintiff

Artmann, Ashley Marie (California)

Kaba, Moez (California)

Trehan, Rajan S (California)

Attorneys(s) for Defendant

Barnard, Ozlem B (District of Columbia)

Dichter, Anna (District of Columbia)

Osinoff, Joanne S (California)

Robins, Jeffrey S (District of Columbia)

Judge(s)

Birotte, Andre Jr. (California)

Attorneys(s) for Plaintiff

Artmann, Ashley Marie (California)

Kaba, Moez (California)

Trehan, Rajan S (California)

Attorneys(s) for Defendant

Barnard, Ozlem B (District of Columbia)

Dichter, Anna (District of Columbia)

Osinoff, Joanne S (California)

Robins, Jeffrey S (District of Columbia)

Documents in the Clearinghouse

Document

2:19-cv-10424

Docket

Feb. 11, 2020

Feb. 11, 2020

Docket
1

2:19-cv-10424

Complaint for Injunctive and Declaratory Relief

Dec. 10, 2019

Dec. 10, 2019

Complaint
29

2:19-cv-10424

Order Granting Motion for Preliminary Injunction

Feb. 11, 2020

Feb. 11, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16566075/freedom-for-immigrants-v-us-department-of-homeland-security/

Last updated Aug. 16, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: 0973-24921171 - Fee: $400, filed by Plaintiff Freedom For Immigrants. (Attorney Moez M Kaba added to party Freedom For Immigrants(pty:pla))(Kaba, Moez) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

RECAP
2

CIVIL COVER SHEET filed by Plaintiff Freedom For Immigrants. (Kaba, Moez) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
3

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Freedom For Immigrants, identifying Talton Communications, Inc.. (Kaba, Moez) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
4

APPLICATION for Preliminary Injunction re Injunctive and Declaratory Relief . Motion filed by Plaintiff Freedom For Immigrants. (Attachments: # 1 Declaration of Moez M. Kaba, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Declaration of Christina Fialho, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Proposed Order) (Kaba, Moez) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

RECAP
5

Notice of Appearance or Withdrawal of Counsel: for attorney Rajan S Trehan counsel for Plaintiff Freedom For Immigrants. Adding Rajan S. Trehan as counsel of record for Freedom For Immigrants for the reason indicated in the G-123 Notice. Filed by Plaintiff Freedom For Immigrants. (Attorney Rajan S Trehan added to party Freedom For Immigrants(pty:pla))(Trehan, Rajan) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
6

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Freedom For Immigrants. (Kaba, Moez) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
7

Notice of Appearance or Withdrawal of Counsel: for attorney Ashley Marie Artmann counsel for Plaintiff Freedom For Immigrants. Adding Ashley M. Artmann as counsel of record for Freedom For Immigrants for the reason indicated in the G-123 Notice. Filed by Plaintiff Freedom For Immigrants. (Attorney Ashley Marie Artmann added to party Freedom For Immigrants(pty:pla))(Artmann, Ashley) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
8

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Gail J. Standish. (jtil) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
9

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
10

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants All Defendants. (jtil) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
11

STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
12

CERTIFICATE OF SERVICE filed by Plaintiff Freedom For Immigrants, re APPLICATION for Preliminary Injunction re Injunctive and Declaratory Relief . Motion 4 served on 12/12/2019. (Kaba, Moez) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
13

MINUTES (IN CHAMBERS) ORDER SETTING HEARING DATE AND BRIEFING SCHEDULE by Judge Andre Birotte Jr.: The Court ORDERS Defendants shall file their opposition to Plaintiffs motion for a preliminary injunction 4 by 1/3/2020 at 5:00 PM. Plaintiff shall file its reply by 1/10/2020 at 5:00 PM. The parties shall appear on 1/17/2020 at 10:00 AM before Judge Andre Birotte Jr. to show cause why the preliminary injunction should or should not be granted. Plaintiffs counsel shall serve a copy of this Order on Defendants by 12/20/2019 at 5:00 PM. Court Reporter: N/A. (gk) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
14

STIPULATION for Order for Extension of Time for Defendants to Oppose Plaintiff's Motion for Preliminary Injunction and Plaintiff's Reply filed by DEFENDANTS Matthew T. Albence, Derek N. Benner, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Attorney Joanne I Osinoff added to party Matthew T. Albence(pty:dft), Attorney Joanne I Osinoff added to party Derek N. Benner(pty:dft), Attorney Joanne I Osinoff added to party U.S. Department of Homeland Security(pty:dft), Attorney Joanne I Osinoff added to party U.S. Immigration & Customs Enforcement(pty:dft), Attorney Joanne I Osinoff added to party Chad F. Wolf(pty:dft))(Osinoff, Joanne) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
15

ORDER RE: JOINT STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS TO OPPOSE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND PLAINTIFF'SREPLY 14 by Judge Andre Birotte Jr. IT IS HEREBY ORDERED that: 1. Defendants' time to file their opposition to Plaintiff's motion for preliminary injunction is extended up to and including January 7, 2010; 2. Plaintiff's time to file its reply, if any, is extended up to and including January 17, 2020; and 3. The hearing on Plaintiff's motion for preliminary injunction is continued to Friday, January 31, 2020 at 10:00 a.m. (lom) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
16

NOTICE of Appearance filed by attorney Anna Dichter on behalf of Defendants Matthew T. Albence, Derek N. Benner, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Chad F. Wolf (Attorney Anna Dichter added to party Matthew T. Albence(pty:dft), Attorney Anna Dichter added to party Derek N. Benner(pty:dft), Attorney Anna Dichter added to party U.S. Department of Homeland Security(pty:dft), Attorney Anna Dichter added to party U.S. Immigration & Customs Enforcement(pty:dft), Attorney Anna Dichter added to party Chad F. Wolf(pty:dft))(Dichter, Anna) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
17

(Attorney Ozlem B Barnard added to party Matthew T. Albence(pty:dft), Attorney Ozlem B Barnard added to party Derek N. Benner(pty:dft), Attorney Ozlem B Barnard added to party U.S. Department of Homeland Security(pty:dft), Attorney Ozlem B Barnard added to party U.S. Immigration & Customs Enforcement(pty:dft), Attorney Ozlem B Barnard added to party Chad F. Wolf(pty:dft))(Barnard, Ozlem) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
18

REQUEST for Extension of Time to File PI opp filed by Defendants Matthew T. Albence, Derek N. Benner, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Barnard, Ozlem) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
19

Corrected STIPULATION for Extension of Time to File Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction as to APPLICATION for Preliminary Injunction re Injunctive and Declaratory Relief . Motion 4 filed by defendants Matthew T. Albence, Derek N. Benner, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Dichter, Anna) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
20

ORDER RE: JOINT STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr.: Upon Stipulation 18, IT IS HEREBY ORDERED that Defendants' time to file their opposition to Plaintiff's motion for preliminary injunction is extended up to and including 1/8/2020. (gk) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
21

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), 17 . The following error(s) was/were found: Incomplete docket text; missing name of event. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
22

OPPOSITION to APPLICATION for Preliminary Injunction re Injunctive and Declaratory Relief . Motion 4 filed by Defendants Matthew T. Albence, Derek N. Benner, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Chad F. Wolf. (Attachments: # 1 Exhibit A)(Dichter, Anna) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

RECAP
23

REPLY In Support Of APPLICATION for Preliminary Injunction re Injunctive and Declaratory Relief . Motion 4 filed by Plaintiff Freedom For Immigrants. (Attachments: # 1 Declaration of Francis Conlin, # 2 Declaration of Christina Fialho)(Kaba, Moez) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
24

First APPLICATION for Leave to file Sur-reply Ex Parte filed by Defendants Matthew T. Albence, Derek N. Benner, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Chad F. Wolf. Application set for hearing on 1/31/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Memorandum) (Barnard, Ozlem) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

PACER
25

OPPOSITION re: First APPLICATION for Leave to file Sur-reply Ex Parte 24 filed by Plaintiff Freedom For Immigrants. (Attachments: # 1 Declaration of Christina Fialho, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Kaba, Moez) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

RECAP
26

NOTICE of Appearance filed by attorney Jeffrey S Robins on behalf of Defendants Matthew T. Albence, Derek N. Benner, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Chad F. Wolf (Attorney Jeffrey S Robins added to party Matthew T. Albence(pty:dft), Attorney Jeffrey S Robins added to party Derek N. Benner(pty:dft), Attorney Jeffrey S Robins added to party U.S. Department of Homeland Security(pty:dft), Attorney Jeffrey S Robins added to party U.S. Immigration & Customs Enforcement(pty:dft), Attorney Jeffrey S Robins added to party Chad F. Wolf(pty:dft))(Robins, Jeffrey) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
27

MINUTES OF Hearing held before Judge Andre Birotte Jr. RE: Application for Preliminary Injunction 4 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the application under submission. Court Reporter: Amy Diaz. (gk) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
28

Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants Derek N. Benner, Chad F. Wolf, U.S. Immigration & Customs Enforcement, U.S. Department of Homeland Security, Matthew T. Albence.(Dichter, Anna) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

RECAP
29

ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr.: The Court GRANTS Plaintiff Freedom for Immigrants' ("FFI") Motion for Preliminary Injunction 4 . The Court also GRANTS Defendants U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Chad F. Wolf, Matthew T. Albence, and Derek N. Benner's (collectively "DHS") Ex Parte Application for Leave to File a Sur-Reply 24 . The Court accordingly ORDERS that Defendants U.S. Department of Homeland Security, Chad F. Wolf, U.S. Immigration & Customs Enforcement, Matthew T. Albence, and Derek N. Benner are (1) ENJOINED AND RESTRAINED from further interference with the operation of the free and confidential extension used by Freedom for Immigrants and Friends of Miami Dade Detainees as a hotline for communicating with immigrants in detention; and (2) ORDERED to restore Freedom for Immigrants and Friends of Miami Dade Detainees' free and confidential extension at all detention facilities operated, controlled, and/or overseen by U.S. Immigration & Customs Enforcement, until such time as the Court renders a final judgment on the merits of this action. (gk) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

RECAP
30

Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants Derek N. Benner, Chad F. Wolf, U.S. Immigration & Customs Enforcement, U.S. Department of Homeland Security, Matthew T. Albence.(Dichter, Anna) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
31

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Matthew T. Albence, Derek N. Benner, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Chad F. Wolf. Motion set for hearing on 5/1/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order) (Dichter, Anna) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
32

ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 7/17/2020 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

RECAP
33

PROOF OF SERVICE Executed by Plaintiff Freedom For Immigrants, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to C. Veloz, Civil Process Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to Illegible. Executed upon the officer agency or corporation by delivering a copy to Unavailable. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Kaba, Moez) (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

PACER
34

Joint STIPULATION to Stay Case pending SETTLEMENT NEGOTIATIONS filed by Plaintiff Freedom For Immigrants. (Attachments: # 1 Proposed Order)(Kaba, Moez) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
35

ORDER GRANTING JOINT STIPULATION TO STAY ALL CASE DEADLINES FOR 60 DAYS IN FURTHERANCE OF SETTLEMENT NEGOTIATIONS by Judge Andre Birotte Jr.: Upon Stipulation 34, the Court ORDERS that all case deadlines shall be stayed for 60 days pending the parties' continued settlement negotiations. The Court, on its own motion, continues the hearing on Defendants' motion to dismiss 31 to 7/10/2020 at 10:00 AM before Judge Andre Birotte Jr. The Scheduling Conference is continued to 9/18/2020 at 10:00 AM before Judge Andre Birotte Jr. Within 60 days of the entry of this Order, the parties shall submit a joint status report to advise the Court on the status of negotiations. (gk) (Entered: 04/07/2020)

April 6, 2020

April 6, 2020

PACER
36

Joint STIPULATION to Stay Case pending SETTLEMENT NEGOTIATIONS filed by Plaintiff Freedom For Immigrants. (Attachments: # 1 Proposed Order)(Kaba, Moez) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
37

ORDER GRANTING JOINT STIPULATION TO EXTEND STAY OF ALL CASE DEADLINES FOR 60 DAYS IN FURTHERANCE OF SETTLEMENT NEGOTIATIONS by Judge Andre Birotte Jr.: Upon Stipulation 36, the Court ORDERS that all case deadlines shall be stayed for an additional 60 days pending the parties' continued settlement negotiations. Within 60 days of the entry of this Order, the parties shall submit a joint status report to advise the Court on the status of negotiations. The Court continues the hearing on Defendants' motion to dismiss 31 to 8/28/2020 at 10:00 AM before Judge Andre Birotte Jr. (gk) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
38

STATUS REPORT and Joint Stipulation to Extend Stay of All Case Deadlines for 60 Days filed by Plaintiff Freedom For Immigrants. (Attachments: # 1 Proposed Order)(Kaba, Moez) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
39

ORDER GRANTING JOINT STIPULATION TO EXTEND STAY OF ALL CASE DEADLINES FOR 60 DAYS IN FURTHERANCE OF SETTLEMENT NEGOTIATIONS by Judge Andre Birotte Jr.: Upon the parties' Joint Status Report & Stipulation to Extend Stay of All Case Deadlines for 60 Days In Furtherance of Settlement Negotiations 38, the Court ORDERS that all case deadlines shall be stayed for 60 days pending the parties' continued settlement negotiations. Within 60 days of the entry of this Order, the parties shall submit a joint status report to advise the Court on the status of negotiations. The Court continues the hearing on Defendants' motion to dismiss 31 to 11/6/2020 at 10:00 AM before Judge Andre Birotte Jr. The Scheduling Conference is continued to 11/20/2020 at 10:00 AM before Judge Andre Birotte Jr. (gk) (Entered: 08/04/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
40

STATUS REPORT and Joint Stipulation to Extend Stay of All Case Deadlines for 60 Days filed by Plaintiff Freedom For Immigrants. (Attachments: # 1 Proposed Order)(Kaba, Moez) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
41

ORDER GRANTING JOINT STIPULATION TO EXTEND STAY OF ALL CASE DEADLINES FOR 60 DAYS AND CONTINUING HEARINGS by Judge Andre Birotte Jr.: Upon the parties' Joint Status Report and Stipulation 40, the Court ORDERS that all case deadlines shall be stayed for 60 days pending the parties' continued settlement negotiations. Within 60 days of the entry of this Order, the parties shall submit a joint status report to advise the Court on the status of negotiations. The Court, on its own motion, continues the hearing on Defendants' Motion to Dismiss 31 to 12/11/2020 at 10:00 AM before Judge Andre Birotte Jr. The Scheduling Conference is continued to 12/18/2020 at 10:00 AM before Judge Andre Birotte Jr. (gk) (Entered: 10/08/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
42

STATUS REPORT and Joint Stipulation to Extend Stay of All Case Deadlines for 60 Days filed by Plaintiff Freedom For Immigrants. (Attachments: # 1 Proposed Order)(Kaba, Moez) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
43

ORDER GRANTING JOINT STIPULATION TO EXTEND STAY OF ALL CASE DEADLINES FOR 60 DAYS AND CONTINUE HEARINGS by Judge Andre Birotte Jr.: Upon the parties' Joint Status Report and Stipulation to Extend Stay of All Case Deadlines for 60 Days and Continue Hearings In Furtherance of Settlement Negotiations 42, the Court ORDERS that all case deadlines shall be stayed for 60 days pending the parties' continued settlement negotiations. Within 60 days of the entry of this Order, the Parties shall submit a joint status report to advise the Court on the status of negotiations. The Court also continues the hearing on Defendants' Motion to Dismiss 31 to 2/19/2021 at 10:00 AM before Judge Andre Birotte Jr. The Scheduling Conference is continued to 2/26/2021 at 10:00 AM before Judge Andre Birotte Jr. (gk) (Entered: 11/24/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
44

STATUS REPORT and Joint Stipulation to Extend Stay of All Case Deadlines for 60 Days filed by Plaintiff Freedom For Immigrants. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Extend Stay of All Case Deadlines for 60 Days and Continue Hearings)(Kaba, Moez) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
45

ORDER GRANTING JOINT STIPULATION TO EXTEND STAY OF ALL CASE DEADLINES FOR 60 DAYS AND CONTINUE HEARINGS by Judge Andre Birotte Jr.: Upon the parties' Joint Status Report and Stipulation to Extend Stay of All Case Deadlines for 60 Days and Continue Hearings In Furtherance of Settlement Negotiations 44, the Court ORDERS that all case deadlines shall be stayed for 60 days pending the parties' continued settlement negotiations. Within 60 days of the entry of this Order, the Parties shall submit a joint status report to advise the Court on the status of negotiations. The Court also continues the hearing on Defendants' Motion to Dismiss 31 to 4/16/2021 at 10:00 AM before Judge Andre Birotte Jr. The Scheduling Conference is continued to 4/23/2021 at 10:00 AM before Judge Andre Birotte Jr. Should the parties not reach a settlement, the Court will not grant further continuances for the Motion to Dismiss or Scheduling Conference. (gk) (Entered: 01/22/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER
46

STATUS REPORT and Joint Stipulation to Extend Stay of All Case Deadlines for 45 Days filed by Plaintiff Freedom For Immigrants. (Attachments: # 1 Proposed Order)(Kaba, Moez) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
47

ORDER GRANTING JOINT STIPULATION TO EXTEND STAY OF ALL CASE DEADLINES FOR 45 DAYS AND CONTINUE HEARINGS by Judge Andre Birotte Jr.: Upon the parties' Joint Status Report & Stipulation 46, the Court ORDERS that all case deadlines shall be stayed for 45 days pending the parties' continued settlement negotiations. Within 45 days of the entry of this Order, the Parties shall submit a joint status report to advise the Court on the status of negotiations. No further continuances will be granted. The Court also continues the hearing on Defendants' Motion to Dismiss 31 to 5/7/2021 at 10:00 AM before Judge Andre Birotte Jr. The Scheduling Conference is continued to 5/21/2021 at 10:00 AM before Judge Andre Birotte Jr. (gk) (Entered: 03/25/2021)

March 24, 2021

March 24, 2021

PACER
48

Response in Opposition to Motion

April 17, 2021

April 17, 2021

PACER
49

Extension of Time to File Response/Reply

April 24, 2021

April 24, 2021

PACER
50

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

April 26, 2021

April 26, 2021

PACER
51

Appearance

May 7, 2021

May 7, 2021

PACER
52

Reply (Motion related)

May 7, 2021

May 7, 2021

PACER
53

Status Report

May 8, 2021

May 8, 2021

PACER
54

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

May 11, 2021

May 11, 2021

PACER
55

Appearance

May 20, 2021

May 20, 2021

PACER
56

Status Report

May 20, 2021

May 20, 2021

PACER
57

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

May 20, 2021

May 20, 2021

PACER
58

Status Report

June 17, 2021

June 17, 2021

PACER
59

~Util - Set/Reset Motion Hearing and R&R Deadlines AND Order AND ~Util - Case Stayed AND ~Util - Set/Reset Deadlines/Hearings

June 17, 2021

June 17, 2021

PACER
60

Settlement

July 1, 2021

July 1, 2021

PACER
61

Motion Hearing AND ~Util - Link Non-Motion Documents to Minutes AND Dismiss Case

July 6, 2021

July 6, 2021

PACER
62

Dismiss Case

July 9, 2021

July 9, 2021

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 10, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A nonprofit organization dedicated to helping detainees in immigration detention facilities.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Pattern or Practice

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions

Immigration lawyers