Case: K.O. & E. O. v. United States

4:20-cv-12015 | U.S. District Court for the District of Massachusetts

Filed Date: Nov. 9, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 9, 2020, several asylum-seeking immigrant parents and children forcefully separated upon arrival in the United States filed this putative class-action lawsuit in the U.S. District Court for the District of Massachusetts. District Judge Timothy S. Hillman was assigned to the case. The plaintiffs, represented by private counsel, filed suit under the Federal Torts Claims Act, seeking monetary damages as well as injunctive relief. They alleged the United States government was liable for…

On November 9, 2020, several asylum-seeking immigrant parents and children forcefully separated upon arrival in the United States filed this putative class-action lawsuit in the U.S. District Court for the District of Massachusetts. District Judge Timothy S. Hillman was assigned to the case. The plaintiffs, represented by private counsel, filed suit under the Federal Torts Claims Act, seeking monetary damages as well as injunctive relief. They alleged the United States government was liable for intentional and negligent infliction of emotional distress, negligence, false imprisonment, false arrest, assault and battery, and for the loss of consortium that the minors suffered as a result of the parental separation.

Nothing happened in the litigation for over a year; presumably the United States was assessing its approach to this issue after the Biden Administration took over from the Trump Administration, which had imposed the challenged separation. (Group settlement talks were reported in the press and then broke down in December 2021. Click here for one of the many press accounts.)

On January 27, 2022, the court extended the deadline for the United States to submit an answer. The new deadline was February 28, 2022. This case is ongoing.

Summary Authors

Betsy Sheppard (1/24/2022)

Related Cases

K.O. v. Sessions, District of Massachusetts (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18618066/parties/ko-v-united-states/


Judge(s)

Hillman, Timothy Spafard (Massachusetts)

Attorneys(s) for Plaintiff

Allen, Brittanie (Massachusetts)

Cacace, Joseph M (Massachusetts)

Church, Susan (Massachusetts)

Cooper, Howard M (Massachusetts)

Demissie, Derege B. (Massachusetts)

Espinoza-Madrigal, Ivan (Massachusetts)

Goldman, Jeff (Massachusetts)

Maynard, Lauren (Massachusetts)

Nimni, Oren N. (Massachusetts)

Judge(s)

Hillman, Timothy Spafard (Massachusetts)

Attorneys(s) for Plaintiff

Allen, Brittanie (Massachusetts)

Cacace, Joseph M (Massachusetts)

Church, Susan (Massachusetts)

Cooper, Howard M (Massachusetts)

Demissie, Derege B. (Massachusetts)

Espinoza-Madrigal, Ivan (Massachusetts)

Goldman, Jeff (Massachusetts)

Maynard, Lauren (Massachusetts)

Nimni, Oren N. (Massachusetts)

Vicinanzo, David A (New Hampshire)

Warecki, Nathan P. (New Hampshire)

Yountz, Heather (Massachusetts)

Attorneys(s) for Defendant

Farquhar, Rayford A. (Massachusetts)

Sady, Michael P. (Massachusetts)

Documents in the Clearinghouse

Document

[Docket]

Sept. 1, 2021 Docket
1 & 1-1 to 1-12

Class Action Complaint and Jury Demand

K.O. & E. O. v. United States of America

Nov. 9, 2020 Complaint

Resources

Title Description External URL

Justice Department breaks off talks on compensation for separated families

Vanessa Romo, Joel Rose

https://www.npr.org/2021/12/16/1065044185/justice-department-breaks-off-talks-on-compensation-for-separated-families

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18618066/ko-v-united-states/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Plaintiffs Filing fee: $ 400, receipt number 0101-8502619 (Fee Status: Filing Fee paid), filed by K.O.. (Attachments: # 1 Exhibit 1 to Complaint, # 2 Exhibit 2 to Complaint, # 3 Exhibit 3 to Complaint, # 4 Exhibit 4 to Complaint, # 5 Exhibit 5 to Complaint, # 6 Exhibit 6 to Complaint, # 7 Exhibit 7 to Complaint, # 8 Exhibit 8 to Complaint, # 9 Exhibit 9 to Complaint, # 10 Civil Cover Sheet, # 11 Exhibit Attachment A to Civil Cover Sheet, # 12 JS45 Category Form)(Maynard, Lauren) Modified on 11/9/2020, sealed exhibit 9, contains minor names. (Jones, Sherry). (Attachment 9 replaced on 11/9/2020) (Jones, Sherry). (Entered: 11/09/2020)

1 Exhibit 1 to Complaint

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2 Exhibit 2 to Complaint

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3 Exhibit 3 to Complaint

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4 Exhibit 4 to Complaint

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5 Exhibit 5 to Complaint

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6 Exhibit 6 to Complaint

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7 Exhibit 7 to Complaint

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8 Exhibit 8 to Complaint

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9 Exhibit 9 to Complaint

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10 Civil Cover Sheet

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11 Exhibit Attachment A to Civil Cover Sheet

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12 JS45 Category Form

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Nov. 9, 2020 Clearinghouse
2

NOTICE of Appearance by Lauren Maynard on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Maynard, Lauren) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
3

Case transferred to Central Division (Worcester) (Vieira, Leonardo) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
4

Case transferred in from Eastern Division (Boston) on 11/9/2020 Case Number 1:20-cv-12015. (Alba, Robert) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
5

ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Alba, Robert) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
6

Summons Issued as to UNITED STATES OF AMERICA. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 11/09/2020)

Nov. 9, 2020 PACER

Case Transferred Out - Divisional Transfer

Nov. 9, 2020 PACER

Case Transferred In - Divisional Transfer

Nov. 9, 2020 PACER

Notice of Case Assignment

Nov. 9, 2020 PACER
7

Online access to documents in this case is limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Jones, Sherry) (Entered: 11/10/2020)

Nov. 10, 2020 PACER
8

NOTICE of Appearance by Rayford A. Farquhar on behalf of UNITED STATES OF AMERICA (Farquhar, Rayford) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
9

NOTICE of Appearance by Nathan P. Warecki on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Warecki, Nathan) (Entered: 01/05/2021)

Jan. 5, 2021 PACER
10

AFFIDAVIT OF SERVICE Executed by L.J., K.O., E.O., Jr., C.J., F.C., E.O.. UNITED STATES OF AMERICA served on 11/13/2020, answer due 12/4/2020. Acknowledgement filed by L.J. ; K.O.; E.O., Jr.; C.J.; F.C.; E.O.. (Attachments: # 1 Exhibit A - Service of Complaint on US Atty Lelling, # 2 Exhibit B - Service of Complaint on USAG Barr)(Warecki, Nathan) (Entered: 01/05/2021)

Jan. 5, 2021 PACER
11

MOTION for Leave to Appear Pro Hac Vice for admission of David A. Vicinanzo Filing fee: $ 100, receipt number 0101-8578448 by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Warecki, Nathan) (Entered: 01/05/2021)

Jan. 5, 2021 PACER
12

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 11 Motion for Leave to Appear Pro Hac Vice Added David A. Vicinanzo. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry) (Entered: 01/06/2021)

Jan. 6, 2021 PACER
13

NOTICE of Appearance by Michael P. Sady on behalf of UNITED STATES OF AMERICA (Sady, Michael) (Entered: 01/06/2021)

Jan. 6, 2021 PACER
14

Disregard - NOTICE of Appearance by Joseph M. Cacace on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Cacace, Joseph) Modified on 1/6/2021 (Burgos, Sandra). (Entered: 01/06/2021)

Jan. 6, 2021 PACER
15

NOTICE of Appearance by Joseph M. Cacace on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Cacace, Joseph) (Entered: 01/06/2021)

Jan. 6, 2021 PACER
16

NOTICE of Appearance by Howard M. Cooper on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Cooper, Howard) (Entered: 01/06/2021)

Jan. 6, 2021 PACER

Order on Motion for Leave to Appear

Jan. 6, 2021 PACER
17

NOTICE of Appearance by Derege B. Demissie on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Demissie, Derege) (Entered: 01/08/2021)

Jan. 8, 2021 PACER
18

NOTICE of Appearance by Susan B. Church on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Church, Susan) (Entered: 01/08/2021)

Jan. 8, 2021 PACER
19

Assented to MOTION for Extension of Time to February 16, 2021 to answer as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 1/19/2021 (Jones, Sherry). (Entered: 01/15/2021)

Jan. 15, 2021 PACER
20

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 19 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 2/16/2021. (Castles, Martin) (Entered: 02/03/2021)

Feb. 3, 2021 PACER

Order on Motion for Extension of Time to Answer

Feb. 3, 2021 PACER
21

Assented to MOTION for Extension of Time to March 19, 2021 to File Response/Reply as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 2/12/2021 (Castles, Martin). (Entered: 02/11/2021)

Feb. 11, 2021 PACER
22

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 21 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 3/19/2021. (Castles, Martin) (Entered: 02/12/2021)

Feb. 12, 2021 PACER

Order on Motion for Extension of Time to Answer

Feb. 12, 2021 PACER
23

Assented to MOTION for Extension of Time to May 3, 2021 to File Response/Reply as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 3/19/2021 (Castles, Martin). (Entered: 03/18/2021)

March 18, 2021 PACER
24

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 23 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 5/3/2021. (Castles, Martin) (Entered: 03/19/2021)

March 19, 2021 PACER

Order on Motion for Extension of Time to Answer

March 19, 2021 PACER
25

Assented to MOTION for Extension of Time to 08/31/2021 to File Answer re 1 Complaint,, by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Cacace, Joseph) (Entered: 04/30/2021)

April 30, 2021 PACER
26

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 25 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 8/31/2021. (Castles, Martin) (Entered: 04/30/2021)

April 30, 2021 PACER

Order on Motion for Extension of Time to Answer

April 30, 2021 PACER
27

Joint MOTION for Extension of Time to November 30, 2021 to File Response/Reply as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 8/31/2021 (Jones, Sherry). (Entered: 08/30/2021)

Aug. 30, 2021 PACER
28

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 27 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 11/30/2021. (Castles, Martin) (Entered: 09/01/2021)

Sept. 1, 2021 PACER

Order on Motion for Extension of Time to Answer

Sept. 1, 2021 PACER
29

Joint MOTION for Extension of Time to February 1, 2022 to File Response/Reply as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 12/3/2021 (Castles, Martin). (Entered: 12/01/2021)

Dec. 1, 2021 RECAP
30

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 29 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 2/1/2022. (Castles, Martin) (Entered: 12/03/2021)

Dec. 3, 2021 PACER
30

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 29 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 2/1/2022. (Castles, Martin) (Entered: 12/03/2021)

Dec. 3, 2021 PACER

Order on Motion for Extension of Time to Answer

Dec. 3, 2021 PACER

Order on Motion for Extension of Time to Answer

Dec. 3, 2021 PACER
31

Assented to MOTION for Extension of Time to February 28, 2022 to File Response/Reply as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 1/25/2022 (Jones, Sherry). (Entered: 01/25/2022)

Jan. 25, 2022 RECAP
31

Assented to MOTION for Extension of Time to February 28, 2022 to File Response/Reply as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 1/25/2022 (Jones, Sherry). (Entered: 01/25/2022)

Jan. 25, 2022 RECAP
32

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 31 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 2/28/2022. (Castles, Martin) (Entered: 01/27/2022)

Jan. 27, 2022 PACER
32

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 31 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 2/28/2022. (Castles, Martin) (Entered: 01/27/2022)

Jan. 27, 2022 PACER

Order on Motion for Extension of Time to Answer

Jan. 27, 2022 PACER

Order on Motion for Extension of Time to Answer

Jan. 27, 2022 PACER
32

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 31 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 2/28/2022. (Castles, Martin) (Entered: 01/27/2022)

Jan. 27, 2022 PACER

Order on Motion for Extension of Time to Answer

Jan. 27, 2022 PACER
33

Dismiss/Lack of Jurisdiction

Feb. 28, 2022 PACER
34

Memorandum in Support of Motion

Feb. 28, 2022 RECAP
35

File Excess Pages

Feb. 28, 2022 PACER
36

Extension of Time

March 4, 2022 RECAP

Order on Motion for Extension of Time

March 8, 2022 PACER

Order on Motion for Leave to File Excess Pages

April 5, 2022 PACER
39

Opposition to Motion

April 11, 2022 RECAP
40

Miscellaneous Relief

1 Affidavit

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2 Affidavit

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April 11, 2022 PACER
41

Amended Complaint

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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April 11, 2022 PACER
42

Extension of Time to File Response/Reply

April 18, 2022 RECAP

Order on Motion for Extension of Time to File Response/Reply

April 19, 2022 PACER
44

Notice of Withdrawal of Appearance

April 19, 2022 PACER
45

Extension of Time to File Answer

April 25, 2022 PACER

Order on Motion for Extension of Time to Answer

April 25, 2022 PACER
47

Reply to Response to Motion

April 28, 2022 PACER
48

Notice of Supplemental Authorities

May 13, 2022 PACER

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 9, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

South and Central Americans seeking asylum in the United States

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

United State of America, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Family reunification

Immigration/Border:

Family Separation