Case: C.G.B. v. Wolf

1:20-cv-01072 | U.S. District Court for the District of Columbia

Filed Date: April 23, 2020

Closed Date: Jan. 6, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: A group of transgender people in civil immigration detention requested an injunction ordering supervised release of all transgender people in immigration detention in light of the COVID-19 pandemic. The court denied the motion for TRO on June 2, 2020. On January 6, 2021, the case was dismissed upon parties' stipulation of dismissal. On April 23, 2020, a group of transgender people in civil immigration detention filed this class action complaint and petition for a writ of manda…

COVID-19 Summary: A group of transgender people in civil immigration detention requested an injunction ordering supervised release of all transgender people in immigration detention in light of the COVID-19 pandemic. The court denied the motion for TRO on June 2, 2020. On January 6, 2021, the case was dismissed upon parties' stipulation of dismissal.


On April 23, 2020, a group of transgender people in civil immigration detention filed this class action complaint and petition for a writ of mandamus in the U.S. District Court for the District of Columbia. Represented by the Transgender Law Center and the Rapid Defense Network, along with private counsel, the plaintiffs sued the U.S. Department of Homeland Security and the Attorney General of the United States. They requested an injunction ordering supervised release of all transgender people in immigration detention. The plaintiffs argued that Immigrations and Customs Enforcement (ICE) did not provide sufficient measures to curb the spread of COVID-19 in its facilities and that transgender individuals are particularly vulnerable to infection because they are more likely to have underlying health conditions like HIV, diabetes, and high blood pressure.

Specifically, the plaintiffs alleged that by subjecting them to a higher risk of infection, the defendants failed to ensure their safety and health and held them in conditions amounting to punishment in violation of their substantive due process rights. They also claimed that by continuing to refuse to establish and implement policies and procedures to prevent the transmission of COVID-19, the defendants acted arbitrarily and capriciously and abused their discretion in violation of the APA. The case was assigned to Judge Christopher R. Cooper.

On May 1, 2020, the plaintiffs filed a motion for a temporary restraining order in addition to a permanent injunction. On May 5, 2020, the plaintiffs filed a motion for class certification, for a class consisting of all transgender people in civil immigration detention who are held, or who will be held, in any ICE detention center or facility across the country during the pendency of the COVID-19 pandemic. On May 11, they also sought to join two new plaintiffs.

On June 2, the district court denied the plaintiffs' motion for TRO, finding that ICE had taken steps to contain the virus in detention facilities. 2020 WL 2935111. The court also denied the plaintiffs' motion for class certification, limiting the case to the named plaintiffs.

The defendants moved to dismiss the case on July 31. They claimed that most of the named plaintiffs were released from detention or removed, with only three remaining, rendering their claims moot. For the remaining plaintiffs, they argued that the plaintiffs failed to state a claim under the APA and for a writ of mandamus.

On August 14, 2020, the plaintiffs submitted an amended complaint with additional requests for relief. In the amended complaint, the plaintiffs sought an order requiring the defendants to issue an ICE bond for all plaintiffs and class members pending the completion of these proceedings. They further sought an order requiring ICE to incorporate the model procedures outlined in the 2015 Transgender Care Memorandum, claiming that ICE had systematically failed to protect transgender people. They also noted that on August 14, 2020, ICE had publicly reported 4,531 confirmed cases of COVID-19 and 5 deaths, which is a significant increase from 285 reported cases in April.

The defendants sought to dismiss the amended complaint on September 18, 2020 and the plaintiffs filed their response on October 16, 2020. On January 5, 2021, the plaintiffs filed a stipulation of dismissal, and on January 6, 2021, the case was dismissed.

Summary Authors

Hope Brinn (4/25/2020)

Averyn Lee (9/22/2020)

Zofia Peach (2/6/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17096072/parties/cgb-v-wolf/


Judge(s)

Cooper, Christopher Reid (District of Columbia)

Howell, Beryl Alaine (District of Columbia)

Attorney for Plaintiff

Copeland, Gregory Paul (New York)

Egyes, Lynly S. (California)

Gillman, Sarah Telo (New York)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document

1:20-cv-01072

Docket [PACER]

Jan. 6, 2021

Jan. 6, 2021

Docket
4 (& 4-1 to 4-28)

1:20-cv-01072

Motion for Temporary Restraining Order

April 23, 2020

April 23, 2020

Pleading / Motion / Brief
3

1:20-cv-01072

Emergency Verified Petition for a Writ of Mandamus and Complaint for Declaratory and Injunctive Relief

April 23, 2020

April 23, 2020

Complaint
2

1:20-cv-01072

Memorandum and Order

April 23, 2020

April 23, 2020

Order/Opinion
1 & 1-1

1:20-cv-01072

Motion for Leave to File Under Pseudonyms

April 23, 2020

April 23, 2020

Pleading / Motion / Brief
19 (& 19-1 to 19-13)

1:20-cv-01072

Notice of Filing Redacted Exhibits

May 1, 2020

May 1, 2020

Pleading / Motion / Brief
21 (& 21-1 to 21-5)

1:20-cv-01072

Motion for Class Certification

May 5, 2020

May 5, 2020

Pleading / Motion / Brief
22 (& 22-6 to 22-8)

1:20-cv-01072

Reply Memorandum of Law in Support of Petitioners' Motion for a Temporary Restraining Order

May 5, 2020

May 5, 2020

Pleading / Motion / Brief
32

1:20-cv-01072

Respondents' Memorandum of Points and Authorities in Opposition to Petitioners' Motion for Class Certification

May 11, 2020

May 11, 2020

Pleading / Motion / Brief
35

1:20-cv-01072

Reply Memorandum of Law in Further Support of Petitioners' Motion for Class Certification

May 13, 2020

May 13, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17096072/cgb-v-wolf/

Last updated March 18, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

MOTION to Proceed Under Pseudonym by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(zrdj) (Entered: 04/23/2020)

1 Exhibit A

View on RECAP

2 Text of Proposed Order

View on PACER

April 23, 2020

April 23, 2020

PACER

Summons Not Issued

April 23, 2020

April 23, 2020

PACER

Payment of Fee - Complaint

April 23, 2020

April 23, 2020

PACER
2

MEMORANDUM AND ORDER granting 1 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 4/23/2020. (See Order for Details)(zrdj) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
3

PETITION for Writ of Mandamus filed by M.R.P., K.M., K.R.H., A.F., L.R.A.P., K.S., M.J.J., L.M., C.G.B., G.P., D.B.M.U., R.H., M.M.S-M.. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 04/23/2020) Modified event on 5/1/2020 (znmw). (Entered: 04/23/2020)

1 Civil Cover Sheet

View on PACER

April 23, 2020

April 23, 2020

RECAP

SUMMONS Not Issued as to WILLIAM BARR, CHAD WOLF (zrdj)

April 23, 2020

April 23, 2020

PACER
4

MOTION for Temporary Restraining Order, MOTION for Hearing by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14 Gorton Declaration and CV - Copy, # 16 Exhibit 15 Franco-Paredes Decl. and CV, # 17 Exhibit 16 CDC Factshee, # 18 Exhibit 17 Mukerjee expert declaration, # 19 Exhibit 18 H.R. Rep. No. 116-180, # 20 Exhibit 19 Winn Conditions Letter, # 21 Exhibit 20 Allegra Love Expert Affidavit, # 22 Exhibit 21 Complaint on LGBTQ PLHIV DHS Sept 2019, # 23 Exhibit 22 Allegra Love Letter, # 24 Exhibit 23 TLC_Affirmation_Letter.docx (1), # 25 Exhibit 24 Horizons Foundation - TLC letter, # 26 Exhibit 25 Kolibri Foundation, # 27 Exhibit 26 RIFF PLEDGE LETTER 4_2020, # 28 Certificate of Service, # 29 Text of Proposed Order, # 30 Text of Proposed Order)(zrdj) (Entered: 04/23/2020)

1 Memorandum in Support

View on RECAP

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Exhibit 8

View on PACER

10 Exhibit 9

View on PACER

11 Exhibit 10

View on PACER

12 Exhibit 11

View on PACER

13 Exhibit 12

View on PACER

14 Exhibit 13

View on PACER

15 Exhibit 14 Gorton Declaration and CV - Copy

View on PACER

16 Exhibit 15 Franco-Paredes Decl. and CV

View on PACER

17 Exhibit 16 CDC Factshee

View on PACER

18 Exhibit 17 Mukerjee expert declaration

View on PACER

19 Exhibit 18 H.R. Rep. No. 116-180

View on PACER

20 Exhibit 19 Winn Conditions Letter

View on RECAP

21 Exhibit 20 Allegra Love Expert Affidavit

View on PACER

22 Exhibit 21 Complaint on LGBTQ PLHIV DHS Sept 2019

View on PACER

23 Exhibit 22 Allegra Love Letter

View on PACER

24 Exhibit 23 TLC_Affirmation_Letter.docx (1)

View on PACER

25 Exhibit 24 Horizons Foundation - TLC letter

View on PACER

26 Exhibit 25 Kolibri Foundation

View on PACER

27 Exhibit 26 RIFF PLEDGE LETTER 4_2020

View on PACER

28 Certificate of Service

View on PACER

29 Text of Proposed Order

View on PACER

30 Text of Proposed Order

View on PACER

April 23, 2020

April 23, 2020

PACER
5

MOTION to Seal Exhibits by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
6

SEALED Exhibits filed by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H.. re 5 MOTION to Seal Case filed by M.M.S-M., A.F., K.S., R.H., D.B.M.U., M.J.J., G.P., C.G.B., K.R.H., K.M., M.R.P., L.M., L.R.A.P. (This document is SEALED and only available to authorized persons.)(Exhibit 1) (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13)(zrdj) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

Payment for 3 Complaint,, Petition for Writ of Mandamus,. ($400; Receipt number CDCDC-7054148). (Kelley, Matthew)

April 23, 2020

April 23, 2020

PACER
7

NOTICE of Appearance- Pro Bono by Gregory P. Copeland on behalf of All Plaintiffs (Copeland, Gregory) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
8

NOTICE of Appearance- Pro Bono by Sarah Telo Gillman on behalf of A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (Gillman, Sarah) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

Set/Reset Hearings

April 24, 2020

April 24, 2020

PACER

.Order

April 24, 2020

April 24, 2020

PACER

Telephone Conference

April 24, 2020

April 24, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 24, 2020

April 24, 2020

PACER

Order on Motion to Seal Case

April 24, 2020

April 24, 2020

PACER

MINUTE ORDER: The parties are hereby ORDERED to appear for a telephonic scheduling conference on Friday, April 24, 2020 at 3:00 PM. The Court will provide dial-in information separately. Plaintiffs counsel are directed forthwith to provide notice of the hearing to the counsel for the government, if known. Signed by Judge Christopher R. Cooper on 4/24/20. (lccrc1)

April 24, 2020

April 24, 2020

PACER

Set/Reset Hearings: Telephone Conference set for 4/24/2020 at 3:00 PM before Judge Christopher R. Cooper. (lsj)

April 24, 2020

April 24, 2020

PACER
9

REQUEST FOR SUMMONS TO ISSUE re 3 Complaint,, Petition for Writ of Mandamus, filed by M.R.P., K.M., K.R.H., A.F., L.R.A.P., K.S., M.J.J., L.M., C.G.B., R.H., D.B.M.U., G.P., M.M.S-M.. Related document: 3 Complaint,, Petition for Writ of Mandamus, filed by M.M.S-M., A.F., K.S., R.H., D.B.M.U., M.J.J., G.P., C.G.B., K.R.H., K.M., M.R.P., L.M., L.R.A.P.. (Attachments: # 1 Summons, # 2 Summons)(Kelley, Matthew) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Leslie E. John, Filing fee $ 100, receipt number ADCDC-7057193. Fee Status: Fee Paid. by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (Attachments: # 1 Declaration of Leslie E. John, # 2 Text of Proposed Order)(Kelley, Matthew) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth P. Weissert, Filing fee $ 100, receipt number ADCDC-7057206. Fee Status: Fee Paid. by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (Attachments: # 1 Declaration of Elizabeth P. Weissert, # 2 Text of Proposed Order)(Kelley, Matthew) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexa L. Levy, Filing fee $ 100, receipt number ADCDC-7057215. Fee Status: Fee Paid. by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (Attachments: # 1 Declaration of Alexa L. Levy, # 2 Text of Proposed Order)(Kelley, Matthew) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
13

NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER

Minute Entry for Telephone Conference held before Judge Christopher R. Cooper on 4/24/2020. Forthcoming briefing Order. (Court Reporter: Lisa Moreria) (lsj)

April 24, 2020

April 24, 2020

PACER

MINUTE ORDER: As indicated at today's scheduling teleconference, the parties are hereby ORDERED to adhere to the following briefing schedule:Defendants shall file their Opposition to Plaintiffs' TRO motion on or before Friday, May 1, 2020. Defendants may include in their Opposition any potential legal defenses to the Complaint, for consideration in connection with the likelihood-of-success prong of the TRO inquiry. Alternatively, Defendants may present their legal defenses in a separate motion to dismiss the complaint filed by the same date. Plaintiffs' Reply (and Opposition to any motion to dismiss) are due on or before Tuesday, May 5, 2020.It is further ORDERED that a telephonic hearing on Plaintiffs' motion will be held on Wednesday, May 6, 2020 at 2:00PM. Hearing details will follow. Signed by Judge Christopher R. Cooper on 4/24/2020. (lccrc1)

April 24, 2020

April 24, 2020

PACER

MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Christopher R. Cooper on 4/24/2020. (lccrc1) Modified on 4/27/2020 (lsj).

April 24, 2020

April 24, 2020

PACER

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Christopher R. Cooper on 4/24/2020. (lccrc1) Modified on 4/27/2020 (lsj).

April 24, 2020

April 24, 2020

PACER

MINUTE ORDER granting 12 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Christopher R. Cooper on 4/24/2020. (lccrc1) Modified on 4/27/2020 (lsj).

April 24, 2020

April 24, 2020

PACER

MINUTE ORDER granting 5 Motion to Seal Case: It is ORDERED that Exhibits (1-13) to Plaintiffs' Motion for a Temporary Restraining Order shall be sealed. Plaintiffs shall propose redacted versions of thedocuments within one week of this Order. Signed by Judge Christopher R. Cooper on 4/24/2020. (lccrc1)

April 24, 2020

April 24, 2020

PACER

Set/Reset Deadlines/Hearings

April 27, 2020

April 27, 2020

PACER

Set/Reset Deadlines/Hearings: Responses due by 5/1/2020. Replies due by 5/5/2020. Telephonic Motion Hearing set for 5/6/2020 at 2:00 PM before Judge Christopher R. Cooper. (lsj)

April 27, 2020

April 27, 2020

PACER
14

SUMMONS (3) Issued Electronically as to WILLIAM BARR, CHAD WOLF, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
15

NOTICE of Appearance by Elizabeth Weissert on behalf of All Plaintiffs (Weissert, Elizabeth) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
16

NOTICE of Appearance by Alexa Levy on behalf of All Plaintiffs (Levy, Alexa) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
17

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lynly S. Egyes, Filing fee $ 100, receipt number ADCDC-7076222. Fee Status: Fee Paid. by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (Attachments: # 1 Declaration of Lynly S. Egyes, # 2 Text of Proposed Order)(Kelley, Matthew) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 30, 2020

April 30, 2020

PACER
18

NOTICE of Appearance by Leslie John on behalf of All Plaintiffs (John, Leslie) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

MINUTE ORDER granting 17 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Christopher R. Cooper on 4/30/20. (lccrc1) Modified on 5/1/2020 (lsj).

April 30, 2020

April 30, 2020

PACER
19

REDACTED DOCUMENT- Exhibits to Motion for Temporary Restraining Order to 4 MOTION for Temporary Restraining Order MOTION for Hearing by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H.. (Attachments: # 1 Exhibit Redacted Exhibit 1, # 2 Exhibit Redacted Exhibit 2, # 3 Exhibit Redacted Exhibit 3, # 4 Exhibit Redacted Exhibit 4, # 5 Exhibit Redacted Exhibit 5, # 6 Exhibit Redacted Exhibit 6, # 7 Exhibit Redacted Exhibit 7, # 8 Exhibit Redacted Exhibit 8, # 9 Exhibit Redacted Exhibit 9, # 10 Exhibit Redacted Exhibit 10, # 11 Exhibit Redacted Exhibit 11, # 12 Exhibit Redacted Exhibit 12, # 13 Exhibit Redacted Exhibit 13)(Kelley, Matthew) (Entered: 05/01/2020)

1 Exhibit Redacted Exhibit 1

View on PACER

2 Exhibit Redacted Exhibit 2

View on PACER

3 Exhibit Redacted Exhibit 3

View on PACER

4 Exhibit Redacted Exhibit 4

View on PACER

5 Exhibit Redacted Exhibit 5

View on PACER

6 Exhibit Redacted Exhibit 6

View on PACER

7 Exhibit Redacted Exhibit 7

View on PACER

8 Exhibit Redacted Exhibit 8

View on PACER

9 Exhibit Redacted Exhibit 9

View on PACER

10 Exhibit Redacted Exhibit 10

View on PACER

11 Exhibit Redacted Exhibit 11

View on PACER

12 Exhibit Redacted Exhibit 12

View on PACER

13 Exhibit Redacted Exhibit 13

View on PACER

May 1, 2020

May 1, 2020

PACER
20

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILLIAM BARR, CHAD WOLF (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Opposotion to Motion for TRO, # 2 Declaration of Acosta, # 3 Declaration of Bourne, # 4 Declaration of Cantrell, # 5 Declaration of Ciliberti, # 6 Declaration Davies, # 7 Declaration Hodges, # 8 Declaration Lederman, # 9 Declaration Lopez, # 10 Declaration Malakhova, # 11 Declaration Mros, # 12 Declaration Mullan, # 13 Declaration Valenzuela)(Tepe, Sean) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
21

MOTION to Certify Class by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 Copeland Declaration, # 3 Exhibit 2 Egyes Declaration, # 4 Exhibit 3 John Declaration, # 5 Text of Proposed Order)(Kelley, Matthew) (Entered: 05/05/2020)

1 Memorandum in Support

View on PACER

2 Exhibit 1 Copeland Declaration

View on PACER

3 Exhibit 2 Egyes Declaration

View on PACER

4 Exhibit 3 John Declaration

View on PACER

5 Text of Proposed Order

View on PACER

May 5, 2020

May 5, 2020

PACER
22

REPLY to opposition to motion re 4 MOTION for Temporary Restraining Order MOTION for Hearing filed by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Kelley, Matthew) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
23

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Kelley, Matthew) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER

.Order

May 6, 2020

May 6, 2020

PACER

Motion Hearing

May 6, 2020

May 6, 2020

PACER

MINUTE ORDER: Pursuant to Standing Order 20-19 (BAH), the Court will provide access for the public to participate in the hearing on the motion for temporary restraining order. It is ORDERED that the participants using the public access telephone line shall adhere to the rules set forth in Standing Order 20-20 (BAH), available on the Court's website.Toll Free Number: 888-204-5984; Access Code: 8981531 SO ORDERED by Judge Christopher R. Cooper on 5/6/2020. (lsj)

May 6, 2020

May 6, 2020

PACER

Minute Entry for Motion Hearing held before Judge Christopher R. Cooper on 5/6/2020. Oral arguments submitted on Plaintiff's Motion 4 for Temporary Restraining Order. Motion taken under advisement; forthcoming order. (Court Reporter: Lisa Moreira) (lsj)

May 6, 2020

May 6, 2020

PACER

MINUTE ORDER: As stated on record at the TRO motion hearing held on May 6, 2020, the Court will hold the hearing record open until at least Monday, May 11, 2020 at 5:00 PM. The parties may file any supplemental declarations and/or additional supporting evidence by that date. Defendants shall file their Opposition to Plaintiffs' Motion to Certify Class on or before Monday, May 11, 2020 at 5:00 PM. Plaintiffs' Reply is due on Wednesday, May 13, 2020 at 5:00 PM. The Court GRANTS Defendants' 20 Motion for Leave to File Documents Under Seal and Plaintiffs' 23 Motion for Leave to File Documents Under Seal. It is ORDERED that Exhibits 1-13 to Defendants' Opposition and Exhibits 1-5 of Plaintiffs' Reply shall be sealed. Signed by Judge Christopher R. Cooper on 5/6/2020. (lccrc1)

May 6, 2020

May 6, 2020

PACER
27

SEALED DOCUMENT filed by WILLIAM BARR, CHAD WOLF. re 4 MOTION for Temporary Restraining Order MOTION for Hearing filed by M.M.S-M., A.F., K.S., R.H., D.B.M.U., M.J.J., G.P., C.G.B., K.R.H., K.M., M.R.P., L.M., L.R.A.P.. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration Acosta, # 2 Declaration Bourne, # 3 Declaration Ciliberti, # 4 Declaration Davies, # 5 Declaration Hodges, # 6 Declaration Lederman, # 7 Declaration Lopez, # 8 Declaration Malakhova, # 9 Declaration Mros, # 10 Declaration Mullan, # 11 Declaration Valenzuela)(ztd) (Entered: 05/11/2020)

May 6, 2020

May 6, 2020

PACER
29

SEALED DOCUMENT filed by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H.. re 4 MOTION for Temporary Restraining Order MOTION for Hearing filed by M.M.S-M., A.F., K.S., R.H., D.B.M.U., M.J.J., G.P., C.G.B., K.R.H., K.M., M.R.P., L.M., L.R.A.P.. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 05/11/2020)

May 6, 2020

May 6, 2020

PACER
24

ENTERED IN ERROR. . . . .MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lynly S. Egyes, Filing fee $ 100, receipt number ADCDC-7101013. Fee Status: Fee Paid. by C.G.B. (Egyes, Lynly) Modified on 5/8/2020 (ztd). (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER

.Order

May 7, 2020

May 7, 2020

PACER

MINUTE ORDER: At the TRO Motion Hearing held on May 6, 2020, the Government indicated that it intended to file supplemental declarations in support of its Opposition. In addition to any updates regarding the status of the named Plaintiffs, the Court requests that the Government include in its supplemental declarations the following information for each facility where a named Plaintiff is detained: (1) the number of positive cases of COVID-19 among detainees and staff, and the number of detainees who have been tested;(2) the number of detainees at each facility and the facility's total capacity, including the number of detainees in each unit where a named Plaintiff is being held and that unit's total capacity; (3) a description of the sleeping arrangements used by each named Plaintiff, including photographs; (4) a description of the dining quarters for each named Plaintiff, including photographs; (5) a description of the personal protective equipment provided to staff and detainees; and (6) a description of the hand cleansing and cleaning materials provided to staff and detainees. SO ORDERED. Signed by Judge Christopher R. Cooper on 5/7/20. (lccrc1)

May 7, 2020

May 7, 2020

PACER
25

NOTICE of Appearance by Lynly Egyes on behalf of All Plaintiffs (Egyes, Lynly) (Main Document 25 replaced on 5/12/2020) (znmw). Modified on 5/20/2020 (znmw). (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
26

TRANSCRIPT OF TELEPHONIC MOTION HEARING before Judge Christopher R. Cooper held on May 6, 2020; Page Numbers: 1-73. Date of Issuance:May 7, 2020. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/28/2020. Redacted Transcript Deadline set for 6/7/2020. Release of Transcript Restriction set for 8/5/2020.(Moreira, Lisa) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 24 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lynly S. Egyes, Filing fee $ 100, receipt number ADCDC-7101013. Fee Status: Fee Paid. was entered in error. Per counsel, the pleading is docket entry no. 25 . (ztd)

May 7, 2020

May 7, 2020

PACER

Notice of Corrected Docket Entry

May 8, 2020

May 8, 2020

PACER
28

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Text of Proposed Order)(Kelley, Matthew) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
30

MOTION for Joinder of Petitioners by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (Attachments: # 1 Text of Proposed Order)(Kelley, Matthew) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
31

RESPONSE TO ORDER OF THE COURT re Order,,, Supplement to TRO Record filed by WILLIAM BARR, CHAD WOLF. (Tepe, Sean) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
32

Memorandum in opposition to re 21 MOTION to Certify Class filed by WILLIAM BARR, CHAD WOLF. (Tepe, Sean) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
33

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILLIAM BARR, CHAD WOLF (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Acosta, Supplemental, # 2 Exhibit to Suppl Acosta Decl, # 3 Declaration of Davies, Supplemental, # 4 Exhibit to Suppl Davies Decl, # 5 Declaration of Cantrell, Supplemental with Exhibits, # 6 Declaration of Ciliberti, Supplemental, # 7 Exhibit to Suppl Ciliberti Decl, # 8 Declaration of Hodges, Supplemental, # 9 Declaration of Lederman, Supplemental, # 10 Declaration of Malakhova, Supplemental, # 11 Declaration of Cantu, # 12 Exhibit to Cantu Decl)(Tepe, Sean) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER

.Order

May 12, 2020

May 12, 2020

PACER

MINUTE ORDER: Defendants shall file their Opposition to Plaintiffs' 30 Motion for Joinder on or before Thursday, May 14, 2020 at 5:00 PM. Plaintiffs' Reply is due on Monday, May 18, 2020 at 5:00 PM. Signed by Judge Christopher R. Cooper on 5/12/20. (lccrc1)

May 12, 2020

May 12, 2020

PACER
34

SEALED DOCUMENT (ERRATA) re 28 filed by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Corrected Exhibit 4, # 2 Exhibit Corrected Exhibit 6)(Kelley, Matthew) Modified on 5/13/2020 (ztd). Modified to add link on 5/14/2020 (znmw). (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER

Set/Reset Deadlines: Responses due by 5/14/2020 and Replies due by 5/18/2020. (lsj)

May 12, 2020

May 12, 2020

PACER
35

REPLY to opposition to motion re 21 MOTION to Certify Class filed by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H.. (Kelley, Matthew) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER

Set/Reset Deadlines

May 13, 2020

May 13, 2020

PACER
36

RESPONSE re 31 Response to Order of the Court filed by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H.. (Attachments: # 1 Exhibit 1 Fraihat Joint Statement)(Kelley, Matthew) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
37

NOTICE OF SUPPLEMENTAL AUTHORITY by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. (Attachments: # 1 Exhibit 1 Savino v. Souza)(Kelley, Matthew) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
38

Memorandum in opposition to re 30 MOTION for Joinder of Petitioners filed by WILLIAM BARR, CHAD WOLF. (Tepe, Sean) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
39

REPLY re 31, 36 Response to Document filed by WILLIAM BARR, CHAD WOLF. (Tepe, Sean) Modified on 5/18/2020 (ztd). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
40

REPLY to opposition to motion re 30 MOTION for Joinder of Petitioners filed by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H.. (Kelley, Matthew) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER

ENTERED IN ERROR (DISREGARD).....NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 25 Notice of Appearance- Pro Bono was entered in error; counsel is instructed to refile with certification that the appearance is pro bono and without compensation, pursuant to Local Rule 83.2(g). (znmw) Modified on 5/20/2020 (znmw).

May 20, 2020

May 20, 2020

PACER

Notice of Corrected Docket Entry

May 20, 2020

May 20, 2020

PACER
41

ORDER denying 4 Plaintiffs' Motion for TRO, 21 Plaintiffs' Motion to Certify Class, and 30 Plaintiffs' Motion for Joinder and requiring the Government to provide updated declarations by June 10, 2020. See full Order for details. 4 Plaintiffs' Motion for Hearing was GRANTED with the May 6, 2020 hearing. Signed by Judge Christopher R. Cooper on 6/2/20. (lccrc2) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
42

MEMORANDUM OPINION re: 41 Order. See full Opinion and accompanying Order for details. Signed by Judge Christopher R. Cooper on 6/2/20. (lccrc2) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

RECAP

Set/Reset Deadlines: Government's Declarations due by 6/10/2020. (lsj)

June 3, 2020

June 3, 2020

PACER

Set/Reset Deadlines

June 3, 2020

June 3, 2020

PACER

MINUTE ORDER granting 28 Sealed Motion for Leave to File Document Under Seal; granting 33 Sealed Motion for Leave to File Document Under Seal: It is ORDERED that Exhibits 1-2 to Plaintiffs' 28 Motion to be Joined, Exhibits 3-9 to Plaintiffs' 28 Supplemental Declarations, and Exhibits 1-12 to the Government's 33 Supplemental Declarations shall be sealed. The parties shall propose redacted versions of the documents within one week of this Order. Signed by Judge Christopher R. Cooper on 6/4/20. (lccrc1)

June 4, 2020

June 4, 2020

PACER

Set/Reset Deadlines: Redacted documents due by 6/11/2020. (lsj)

June 4, 2020

June 4, 2020

PACER
43

SEALED DOCUMENT (Exhibits 1-2) filed by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H.. re 30 MOTION for Joinder of Petitioners filed by M.M.S-M., A.F., K.S., R.H., D.B.M.U., M.J.J., G.P., C.G.B., K.R.H., K.M., M.R.P., L.M., L.R.A.P.. (This document is SEALED and only available to authorized persons.)(ztd) (Additional attachment(s) added on 6/5/2020: # 1 Exhibit 3-9) (ztd). (Main Document 43 replaced on 6/11/2020) (ztd). Modified to correct filing on 6/11/2020 (ztd). (Entered: 06/05/2020)

June 4, 2020

June 4, 2020

PACER
44

SEALED DOCUMENT filed by WILLIAM BARR. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Exhibit to Suppl Acosta Decl, # 2 Declaration Davies, # 3 Exhibit Exhibit to Suppl Davies Decl, # 4 Declaration Cantrell, # 5 Declaration Declaration of Ciliberti, Supplemental, # 6 Exhibit Exhibit to Suppl Ciliberti Decl, # 7 Declaration Declaration of Hodges, Supplemental, # 8 Declaration Declaration of Lederman, Supplemental, # 9 Declaration Declaration of Malakhova, Supplemental, # 10 Declaration Cantu, # 11 Exhibit Cantu)(ztd) (Entered: 06/05/2020)

June 4, 2020

June 4, 2020

PACER

Order on Sealed Motion for Leave to File Document Under Seal AND Order on Sealed Motion for Leave to File Document Under Seal

June 4, 2020

June 4, 2020

PACER

Set/Reset Deadlines

June 4, 2020

June 4, 2020

PACER
45

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILLIAM BARR, CHAD WOLF (This document is SEALED and only available to authorized persons.) (Attachments: # 1 2d Supp. Cantrell Decl., # 2 2d Supp. Cantu Decl., # 3 2d Supp. Ciliberti Decl., # 4 2d Supp. Davies Decl., # 5 2d Supp. Acosta Decl.)(Tepe, Sean) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
46

NOTICE of Filing Redacted Exhibits by A.F., C.G.B., D.B.M.U., G.P., K.M., K.R.H., K.S., L.M., L.R.A.P., M.J.J., M.M.S-M., M.R.P., R.H. re 29 Sealed Document, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Kelley, Matthew) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER

MINUTE ORDER: Upon review of the Government's 45 supplemental declarations and exhibits regarding the conditions at the detention centers where the named Plaintiffs are held, the Court concludes that further updated reports from the Government are unnecessary at this time. The Court ORDERS the Government to file an answer or otherwise respond to Plaintiffs' complaint by July 10, 2020. Signed by Judge Christopher R. Cooper on 6/26/20. (lccrc1)

June 26, 2020

June 26, 2020

PACER

MINUTE ORDER granting 45 Sealed Motion for Leave to File Documents Under Seal: Exhibits 1-5 to the Government's 45 Supplemental Declarations shall be sealed. The Government shall propose redacted versions of the documents within one week of this Order. As stated in the Court's June 4, 2020 Minute Order, the Government is further directed to propose redacted versions Exhibits 1-12 to the Government's 33 Supplemental Declarations within one week of this Order. Signed by Judge Christopher R. Cooper on 6/26/20. (lccrc1)

June 26, 2020

June 26, 2020

PACER

Set/Reset Deadlines: Answer due by 7/10/2020 (lsj)

June 26, 2020

June 26, 2020

PACER
49

SEALED DOCUMENT (Main document 2d Supp. Cantrell Decl) filed by WILLIAM BARR, CHAD WOLF. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration 2d Supp. Cantu Decl, # 2 Declaration 2d Supp. Ciliberti Decl., # 3 Declaration 2d Supp. Davies Decl, # 4 Declaration 2d Supp. Acosta Decl)(ztd) (Entered: 06/29/2020)

June 26, 2020

June 26, 2020

PACER

.Order

June 26, 2020

June 26, 2020

PACER

Order on Sealed Motion for Leave to File Document Under Seal

June 26, 2020

June 26, 2020

PACER

Set/Reset Deadlines

June 26, 2020

June 26, 2020

PACER
47

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/15/2020. Answer due for ALL FEDERAL DEFENDANTS by 8/14/2020. (Kelley, Matthew) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
48

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/19/2020. (Kelley, Matthew) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
50

NOTICE of Filing Public Versions of Declarations by WILLIAM BARR, CHAD WOLF (Tepe, Sean) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
51

NOTICE of FIling Public Versions of Declarations by WILLIAM BARR, CHAD WOLF (Attachments: # 1 Acosta Supplemental Decl, # 2 Cantrell Supplemental Decl, # 3 Ciliberti Supplemental Decl, # 4 Davies Supplemental Decl, # 5 Cantu Supplemental Decl, # 6 Hodges Supplemental Decl, # 7 Lederman Supplemental Decl, # 8 Malahkova Supplemental Decl, # 9 Acosta Second Supp Decl, # 10 Cantrell Second Supp Decl, # 11 Cantu Second Supp Decl, # 12 Ciliberti Second Supp Decl, # 13 Davies Second Supp Decl)(Tepe, Sean) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
52

Unopposed MOTION for Extension of Time to Respond to Complaint by WILLIAM BARR, CHAD WOLF (Tepe, Sean) Modified event on 7/7/2020 (ztd). (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 23, 2020

Closing Date: Jan. 6, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Transgender people in immigration detention.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Department of Homeland Security, Federal

Attorney General of the United States, Federal

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Placement in detention facilities

Crowding / caseload

LGBTQ+:

LGBTQ+

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Immigration/Border:

Constitutional rights

Detention - conditions