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)
Attorney for Plaintiff

Allen, Brittanie (Massachusetts)

Cacace, Joseph M (Massachusetts)

Church, Susan (Massachusetts)

Cooper, Howard M (Massachusetts)

Demissie, Derege B. (Massachusetts)

Attorney for Defendant

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Documents in the Clearinghouse

Document

4:20-cv-12015

[Docket]

Sept. 1, 2021

Sept. 1, 2021

Docket
1 & 1-1 to 1-12

4:20-cv-12015

Class Action Complaint and Jury Demand

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

Nov. 9, 2020

Nov. 9, 2020

Complaint

Resources

Docket

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

Last updated March 19, 2024, 3:08 a.m.

ECF Number Description Date Link 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

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

Nov. 9, 2020

PACER
3

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

Nov. 9, 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

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

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

Nov. 9, 2020

PACER

Case Transferred Out - Divisional Transfer

Nov. 9, 2020

Nov. 9, 2020

PACER

Case Transferred In - Divisional Transfer

Nov. 9, 2020

Nov. 9, 2020

PACER

Notice of Case Assignment

Nov. 9, 2020

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

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

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

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

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

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

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

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

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

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

Jan. 6, 2021

PACER

Order on Motion for Leave to Appear

Jan. 6, 2021

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

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

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

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

Feb. 3, 2021

PACER

Order on Motion for Extension of Time to Answer

Feb. 3, 2021

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

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

Feb. 12, 2021

PACER

Order on Motion for Extension of Time to Answer

Feb. 12, 2021

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

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

March 19, 2021

PACER

Order on Motion for Extension of Time to Answer

March 19, 2021

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

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

April 30, 2021

PACER

Order on Motion for Extension of Time to Answer

April 30, 2021

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

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

Sept. 1, 2021

PACER

Order on Motion for Extension of Time to Answer

Sept. 1, 2021

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

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

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

Dec. 3, 2021

PACER

Order on Motion for Extension of Time to Answer

Dec. 3, 2021

Dec. 3, 2021

PACER

Order on Motion for Extension of Time to Answer

Dec. 3, 2021

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

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

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

Jan. 27, 2022

PACER

Order on Motion for Extension of Time to Answer

Jan. 27, 2022

Jan. 27, 2022

PACER
33

MOTION to Transfer Case to the Western District of Texas by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified docket text on 4/19/2022 (Burgos, Sandra). (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER
34

MEMORANDUM in Support re 33 MOTION to Dismiss for Lack of Jurisdiction filed by UNITED STATES OF AMERICA. (Farquhar, Rayford) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

RECAP
35

Assented to MOTION for Leave to File Excess Pages by UNITED STATES OF AMERICA.(Farquhar, Rayford) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER
36

Assented to MOTION for Extension of Time to 04/11/2022 to File an Amended Complaint and/or Opposition to Defendants' Motion to Transfer or to Dismiss the Complaint by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Cacace, Joseph) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

RECAP
37

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 36 Motion for Extension of Time to 04/11/2022 to File an Amended Complaint and/or Opposition to Defendants' Motion to Transfer or to Dismiss the Complaint. (Castles, Martin) (Entered: 03/08/2022)

March 8, 2022

March 8, 2022

PACER

Order on Motion for Extension of Time

March 8, 2022

March 8, 2022

PACER
38

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 35 Motion for Leave to File Excess Pages. (Castles, Martin) (Entered: 04/05/2022)

April 5, 2022

April 5, 2022

PACER

Order on Motion for Leave to File Excess Pages

April 5, 2022

April 5, 2022

PACER
39

Opposition re 33 MOTION to Dismiss for Lack of Jurisdiction filed by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Maynard, Lauren) (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

RECAP
40

Assented to MOTION to Proceed Under Pseudonym by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Attachments: # 1 Affidavit, # 2 Affidavit)(Maynard, Lauren) (Main Document 40 replaced on 4/19/2022) (Burgos, Sandra). (Entered: 04/11/2022)

1 Affidavit

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2 Affidavit

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April 11, 2022

April 11, 2022

PACER
41

AMENDED COMPLAINT against All Defendants, filed by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (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)(Maynard, Lauren) (Entered: 04/11/2022)

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

April 11, 2022

RECAP
42

Assented to MOTION for Extension of Time to 04/29/2022 to File Response/Reply by UNITED STATES OF AMERICA.(Farquhar, Rayford) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

RECAP
43

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 42 Motion for Extension of Time to File Reply 33 MOTION to Transfer/Dismiss for Lack of Jurisdiction. Reply due by 4/29/2022. (Castles, Martin) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
44

NOTICE of Withdrawal of Appearance by Michael P. Sady (Sady, Michael) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER

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

April 19, 2022

April 19, 2022

PACER
45

Assented to MOTION for Extension of Time to 05/20/2022 to File Answer to Plaintiff's Amended Complaint by UNITED STATES OF AMERICA.(Farquhar, Rayford) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
46

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 45 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 5/20/2022. (Castles, Martin) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER

Order on Motion for Extension of Time to Answer

April 25, 2022

April 25, 2022

PACER
47

REPLY to Response to 33 MOTION to Transfer Case to the Western District of Texas filed by UNITED STATES OF AMERICA. (Farquhar, Rayford) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

RECAP
48

Notice of Supplemental Authorities re 33 MOTION to Transfer Case to the Western District of Texas (Attachments: # 1 Exhibit 1)(Cacace, Joseph) (Entered: 05/13/2022)

1 Exhibit 1

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May 13, 2022

May 13, 2022

PACER
49

Assented to MOTION for Leave to File Excess Pages by UNITED STATES OF AMERICA.(Farquhar, Rayford) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
50

Motion to Transfer or alternatively MOTION to Dismiss the Amended Complaint by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified docket text on 5/23/2022 (Burgos, Sandra). (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
51

MEMORANDUM in Support re 50 MOTION to Dismiss the Amended Complaint filed by UNITED STATES OF AMERICA. (Farquhar, Rayford) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

RECAP
52

Assented to MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Dismiss the Amended Complaint by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Cacace, Joseph) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
53

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 52 Motion for Extension of Time to File Response re 50 MOTION to Dismiss the Amended Complaint. Responses due by 7/8/2022. (Castles, Martin) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
54

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 49 Motion for Leave to File Excess Pages. (Castles, Martin) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
55

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered finding as moot 33 Motion to Transfer Case. An Amended Complaint has been filed. (Castles, Martin) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER

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

May 24, 2022

May 24, 2022

PACER

Order on Motion for Leave to File Excess Pages

May 24, 2022

May 24, 2022

PACER

Order on Motion to Transfer Case

May 24, 2022

May 24, 2022

PACER
56

Assented to MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Dismiss the Amended Complaint by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Warecki, Nathan) (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

RECAP
57

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 56 Motion for Extension of Time to File Response as to 50 MOTION to Dismiss the Amended Complaint. Response due by 7/15/2022. (Castles, Martin) (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

PACER

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

July 6, 2022

July 6, 2022

PACER
58

Assented to MOTION for Leave to File Excess Pages by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Warecki, Nathan) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

PACER
59

Opposition re 50 MOTION to Dismiss the Amended Complaint, 58 Assented to MOTION for Leave to File Excess Pages filed by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Attachments: # 1 Exhibit A - K.O. v. Sessions 11-20-18 Response from ICE, # 2 Exhibit B - Email from Hill to Warecki 12-14-18)(Warecki, Nathan) (Entered: 07/15/2022)

1 Exhibit A - K.O. v. Sessions 11-20-18 Response from ICE

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2 Exhibit B - Email from Hill to Warecki 12-14-18

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July 15, 2022

July 15, 2022

PACER
60

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting in part and denying in part 58 Motion for Leave to File Excess Pages. Leave is granted up to 40 pages. (Castles, Martin) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER

Order on Motion for Leave to File Excess Pages

July 21, 2022

July 21, 2022

PACER
61

Opposition re 50 MOTION to Dismiss the Amended Complaint filed by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Maynard, Lauren) (Entered: 07/29/2022)

1 Exhibit A

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2 Exhibit B

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July 29, 2022

July 29, 2022

PACER
62

Assented to MOTION for Leave to File a Reply in Support of its Motion to Transfer or Alternatively to Dismiss Plaintiff's Amended Complaint by UNITED STATES OF AMERICA.(Farquhar, Rayford) (Entered: 08/02/2022)

Aug. 2, 2022

Aug. 2, 2022

PACER
63

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 62 Motion for Leave to File Reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER

Order on Motion for Leave to File Document

Aug. 3, 2022

Aug. 3, 2022

PACER
64

REPLY to Response to 50 MOTION to Dismiss the Amended Complaint filed by UNITED STATES OF AMERICA. (Farquhar, Rayford) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

RECAP
65

Assented to MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion to Transfer or Dismiss (ECF 50) by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Attachments: # 1 Exhibit 1 Proposed Surreply)(Cacace, Joseph) Modified text on 9/7/2022 (Barrows, Jennifer). (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
66

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 65 Motion for Leave to File Reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
67

SUR-REPLY to Motion re 50 MOTION to Dismiss the Amended Complaint filed by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Cacace, Joseph) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

RECAP

Order on Motion for Leave to File Document

Sept. 8, 2022

Sept. 8, 2022

PACER
68

ELECTRONIC NOTICE Setting Hearing on Motion 50 MOTION to Dismiss the Amended Complaint, 40 Assented to MOTION to Proceed Under Pseudonym : Motion Hearing set for 11/18/2022 11:30 AM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Castles, Martin) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
69

ELECTRONIC NOTICE Resetting Hearing on Motion 50 MOTION to Dismiss the Amended Complaint, 40 Assented to MOTION to Proceed Under Pseudonym : Motion Hearing reset for 11/22/2022 at 10:00 AM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Castles, Martin) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER

Notice Setting or Resetting Hearing on Motion

Oct. 5, 2022

Oct. 5, 2022

PACER
70

Notice of Supplemental Authorities re 50 MOTION to Dismiss the Amended Complaint (Farquhar, Rayford) (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
71

Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 11/22/2022 re 40 Assented to MOTION to Proceed Under Pseudonym and 50 MOTION to Dismiss the Amended Complaint filed by UNITED STATES OF AMERICA, Case called, Counsel appear by video-conference for motion hearing, Court hears arguments of counsel, Court rules granting 40 Motion to Proceed Under Pseudonym and taking under advisement 50 Motion to Dismiss; (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Cacace,Warecki/Farquhar) (Castles, Martin) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

PACER

Order on Motion to Dismiss AND Motion Hearing AND Order on Motion for Miscellaneous Relief

Nov. 22, 2022

Nov. 22, 2022

PACER

Motion Hearing AND Order on Motion to Dismiss AND Order on Motion for Miscellaneous Relief

Nov. 22, 2022

Nov. 22, 2022

PACER

Motion Hearing AND Order on Motion for Miscellaneous Relief AND Order on Motion to Dismiss

Nov. 22, 2022

Nov. 22, 2022

PACER

Case Details

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

Available 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