Case: Duchitanga v. Lloyd

Duchitanga v. Chapman

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-15874364)Document filed by Norma Duchitanga, Blanca Ortiz, Cledia Hernandez Meza, Diego Garcia Aguilar, Thalia Escarega Rubio.(Austin, Paige) (Entered: 11/06/2018)

CIVIL COVER SHEET filed. (Austin, Paige) (Entered: 11/06/2018)

MOTION to Certify Class . Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Austin, Paige) (Entered: 11/06/2018)

MEMORANDUM OF LAW in Support re: 3 MOTION to Certify Class . . Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

DECLARATION of Paige Austin in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Exhibit A to Austin Declaration, # 2 Exhibit B to Austin Declaration, # 3 Exhibit C to Austin Declaration, # 4 Exhibit D to Austin Declaration, # 5 Exhibit E to Austin Declaration, # 6 Exhibit F to Austin Declaration, # 7 Exhibit G to Austin Declaration, # 8 Exhibit H to Austin Declaration, # 9 Exhibit I to Austin Declaration, # 10 Exhibit J to Austin Declaration, # 11 Exhibit K to Austin Declaration, # 12 Exhibit L to Austin Declaration, # 13 Exhibit M to Austin Declaration, # 14 Exhibit N to Austin Declaration, # 15 Exhibit O to Austin Declaration)(Austin, Paige) (Entered: 11/06/2018)

DECLARATION of Christopher T. Dunn in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

DECLARATION of Paula Garcia-Salazar in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

DECLARATION of Norma Duchitanga in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

DECLARATION of Blanca Ortiz in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

DECLARATION of Diego Garcia Aguilar in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

DECLARATION of Thalia Escarega Rubio in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

DECLARATION of Cledia Hernandez Meza in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Hodgson, Robert) (Entered: 11/06/2018)

NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Dunn, Christopher) (Entered: 11/07/2018)

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Paige Austin, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (sj)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)

Case Designated ECF. (sj)

CASE REFERRED TO Judge Paul A. Crotty as possibly related to 1:18cv1453. (sj)

STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-1453-PAC; 18-cv-8993-UA. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Austin, Paige) (Entered: 11/07/2018)

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stephen Bonggyun Kang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15885163. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Supplement, # 3 Text of Proposed Order)(Kang, Stephen) Modified on 11/8/2018 (ma). (Entered: 11/08/2018)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 16 MOTION for Stephen Bonggyun Kang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15885163. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): THE CERTIFICATE OF GOOD STANDING MUST BE ISSUED BY THE SUPREME COURT OF CALIFORNIA.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ma)

MOTION for Stephen Bonggyun Kang to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Supplement, # 3 Text of Proposed Order)(Kang, Stephen) (Entered: 11/08/2018)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Stephen Bonggyun Kang to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

LETTER MOTION for Conference Regarding Motion for Preliminary Injunction and Expedited Discovery addressed to Judge Paul A. Crotty from Michael D. Birnbaum dated November 9, 2018. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Birnbaum, Michael) (Entered: 11/09/2018)

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Oestericher, Jeffrey) (Entered: 11/12/2018)

OBJECTION TO STATEMENT OF RELATEDNESS re: 15 Statement of Relatedness .Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez.(Oestericher, Jeffrey) (Entered: 11/13/2018)

MOTION for Lee Gelernt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15921167. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Supplement, # 3 Text of Proposed Order)(Gelernt, Lee) (Entered: 11/15/2018)

LETTER addressed to Judge Paul A. Crotty from Paige Austin dated 11/15/2018 re: Response to Government's Objection to Statement of Relatedness. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Austin, Paige) (Entered: 11/15/2018)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Lee Gelernt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15921167. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

NOTICE OF APPEARANCE by Lauren M. Gambier on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Gambier, Lauren) (Entered: 11/16/2018)

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Melissa Adamson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15950654. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit)(Adamson, Melissa) Modified on 11/26/2018 (wb). (Entered: 11/21/2018)

MOTION for Neha Desai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15950718. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit)(Desai, Neha) (Entered: 11/21/2018)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Neha Desai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15950718. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 24 MOTION for Melissa Adamson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15950654. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

NOTICE OF APPEARANCE by Jennifer Kay Brown on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Brown, Jennifer) (Entered: 11/27/2018)

CASE ACCEPTED AS RELATED. Create association to 1:18-cv-01453-PAC. Notice of Assignment to follow. (ma)

NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Unassigned is no longer assigned to the case. (ma)

Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (ma)

MOTION for Leecia Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16003849. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Welch, Leecia) (Entered: 12/04/2018)

MOTION for Melissa Adamson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16003953. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit)(Adamson, Melissa) (Entered: 12/04/2018)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 27 MOTION for Leecia Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16003849. Motion and supporting papers to be reviewed by Clerk's Office staff., 28 MOTION for Melissa Adamson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16003953. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

ORDER granting 17 Motion for Stephen Bonggyun Kang to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 12/10/2018)

Order on Motion to Appear Pro Hac Vice

Docket Annotation

ORDER granting 21 Motion for Lee Gelernt to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 12/10/2018)

ORDER granting 25 Motion for Neha Desai to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 12/10/2018)

ORDER granting 27 Motion for Leecia Welch to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 12/10/2018)

ORDER granting 28 Motion for Melissa Adamson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 12/10/2018)

Calendar Entry *DATE CHANGE*: The Pre-Motion Conference scheduled to go forward on Wednesday, December 12, 2018 is rescheduled to: Tuesday, January 8, 2019 @ 4:30 PM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment: the 12/12/18 not a convenient date for the Court. A PDF IS NOT ATTACHED TO THIS ENTRY. (dgo)

LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Paige Austin dated December 17, 2018. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Austin, Paige) (Entered: 12/17/2018)

STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (tro) (Entered: 01/04/2019)

Case Stayed (mro)

LETTER MOTION to Stay (Opposing Stay) addressed to Judge Paul A. Crotty from Paige Austin dated January 4, 2019. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Exhibit A: DOJ FY2019 Contingency Plan During Lapse in Appropriation, # 2 Exhibit B: Lucas R. v. Azar, 2:18-cv-5741 (DMG) (C.D. Cal. Dec. 27, 2018), # 3 Exhibit C: Garcia Ramirez v. U.S. Immigration and Custom Enforcement, 18-cv-00508 (RC) (D.D.C. Dec. 31, 2018), # 4 Exhibit D: J.E.C.M. v. Hayes, 1:18cv-903 (LBM) (E.D. Va. Jan. 3, 2018), # 5 Exhibit E: Letter from Benjamin M. Moss, Senior Litigation Counsel, Office of Immigration Litigation, U.S. DOJ (Dec. 31, 2018))(Austin, Paige) (Entered: 01/04/2019)

NOTICE OF APPEARANCE by Rachael Lightfoot Doud on behalf of Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Doud, Rachael) (Entered: 01/15/2019)

NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Sun, Anthony) (Entered: 01/15/2019)

Minute Entry for proceedings held before Judge Paul A. Crotty: Conference held on 1/16/2019. REMARK: Paige Austin, Christopher Dunn, Aadhithi Padmanabhan, Lauren Gambier, Jennifer Brown, and Aadhithi Padmanabhan appeared for the plaintiffs. AUSA's Jeffrey Oestericher, Rebecca Tinio, Rachael Doud, and Anthony Sun appeared for the government. The parties are directed to meet and confer on the discovery request. The stay is lifted, an order will follow. A control date for a conference is set for January 28, 2019 at 11 AM. See transcript for details. (Court Reporter Michael McDaniel) (dgo)

ORDER, Plaintiffs' motion to lift the stay as it relates to the above-captioned case is GRANTED. SO ORDERED., Motions terminated: 36 LETTER MOTION to Stay (Opposing Stay) addressed to Judge Paul A. Crotty from Paige Austin dated January 4, 2019. filed by Cledia Hernandez Meza, Norma Duchitanga, Thalia Escarega Rubio, Blanca Ortiz, Diego Garcia Aguilar. (Signed by Judge Paul A. Crotty on 1/16/19) (yv) (Entered: 01/16/2019)

JOINT LETTER addressed to Judge Paul A. Crotty from Michael D. Birnbaum dated January 25, 2019 re: Status of Plaintiffs' Expedited Discovery and Proposed Briefing Schedule. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Birnbaum, Michael) (Entered: 01/25/2019)

NOTICE OF APPEARANCE by Antony Philip Falconer Gemmell on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Gemmell, Antony) (Entered: 01/25/2019)

MEMO ENDORSEMENT on re: 40 Letter, filed by Cledia Hernandez Meza, Norma Duchitanga, Thalia Escarega Rubio, Blanca Ortiz, Diego Garcia Aguilar. ENDORSEMENT: The proposed Schedule is adopted. SO ORDERED. Alex Azar answer due 3/18/2019; Latise Benn answer due 3/18/2019; Dept. of Health and Human Services answer due 3/18/2019; Scott R. Lloyd answer due 3/18/2019; Elcy Valdez answer due 3/18/2019. (Deposition due by 2/25/2019. Motions due by 3/18/2019. Responses due by 4/8/2019. Replies due by 4/15/2019.) (Signed by Judge Paul A. Crotty on 1/30/2019) (mml) (Entered: 01/30/2019)

PROPOSED PROTECTIVE ORDER. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Sun, Anthony) (Entered: 02/21/2019)

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Judge Paul A. Crotty on 2/22/19) (yv) (Entered: 02/22/2019)

JOINT LETTER MOTION for Extension of Time addressed to Judge Paul A. Crotty from AUSA Anthony J. Sun dated 3/14/2019. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez.(Sun, Anthony) (Entered: 03/14/2019)

ORDER granting 45 Letter Motion for Extension of Time. Extensions granted. SO ORDERED. (Motions due by 4/1/2019.) (Signed by Judge Paul A. Crotty on 3/15/19) (yv) (Entered: 03/15/2019)

Set/Reset Deadlines: Alex Azar answer due 4/1/2019; Latise Benn answer due 4/1/2019; Dept. of Health and Human Services answer due 4/1/2019; Scott R. Lloyd answer due 4/1/2019; Elcy Valdez answer due 4/1/2019. Responses due by 4/22/2019. Replies due by 4/29/2019. (yv)

LETTER MOTION for Extension of Time to File Answer re: 1 Petition for Writ of Habeas Corpus, addressed to Judge Paul A. Crotty from AUSA Anthony J. Sun dated 3/28/2019. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Attachments: # 1 Exhibit A - March 2019 Operational Directive)(Sun, Anthony) (Entered: 03/28/2019)

LETTER MOTION for Extension of Time to file Motion for Preliminary Injunction addressed to Judge Paul A. Crotty from Plaintiffs' Counsel Robert Hodgson dated March 29, 2019. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Exhibit March 2019 Policy Change)(Hodgson, Robert) (Entered: 03/29/2019)

ORDER granting 48 Letter Motion for Extension of Time. The requested adjournment is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/29/19) (yv) (Entered: 03/29/2019)

ORDER granting 47 Letter Motion for Extension of Time to Answer re 1 Petition for Writ of Habeas Corpus,. The 2 week adjournment is granted. This order is to be held consistently with endorsement on the NYCLU letter of 3/29/2019. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/29/19) (yv) (Entered: 03/29/2019)

LETTER addressed to Judge Paul A. Crotty from Plaintiffs' Counsel Robert Hodgson dated April 15, 2019 re: Updating the Court Regarding the Plaintiffs' Intention Not to File a Preliminary Injunction Motion at This Time and Request For a Scheduling Conference. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Hodgson, Robert) (Entered: 04/15/2019)

LETTER addressed to Judge Paul A. Crotty from AUSA Anthony J. Sun dated 4/15/2019 re: proposed briefing schedule for motion to dismiss. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez.(Sun, Anthony) (Entered: 04/15/2019)

MEMO ENDORSEMENT on re: 51 Letter Updating the Court Regarding the Plaintiffs' Intention Not to File a Preliminary Injunction Motion at This Time and Request For a Scheduling Conference, filed by Cledia Hernandez Meza, Norma Duchitanga, Thalia Escarega Rubio, Blanca Ortiz, Diego Garcia Aguilar. ENDORSEMENT: The plaintiffs may seek leave to file a P.I. motion if ORR's current policy on finger printing changes. A conference will be held on May 15, 2019 at 12pm. SO ORDERED., (Status Conference set for 5/15/2019 at 12:00 PM before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 4/16/19) (yv) (Entered: 04/16/2019)

MEMO ENDORSEMENT on re: 52 Letter proposing briefing schedule, filed by Scott R. Lloyd, Latise Benn, Alex Azar, Dept. of Health and Human Services, Elcy Valdez. ENDORSEMENT: The proposed schedule is adopted. SO ORDERED., (Motions due by 5/15/2019., Responses due by 6/10/2019, Replies due by 6/20/2019.) (Signed by Judge Paul A. Crotty on 4/16/19) (yv) (Entered: 04/16/2019)

Docket Annotation

Calendar Entry *DATE CHANGE*: The Initial Conference scheduled to go forward on Wednesday, May 15, 2019 is rescheduled to: Monday, June 3, 2019 @ 11:00 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment: the 5/15/19 no longer a convenient date for the Court. A PDF IS NOT ATTACHED TO THIS ENTRY.(dgo)

MOTION to Dismiss Complaint. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez.(Doud, Rachael) (Entered: 05/15/2019)

MEMORANDUM OF LAW in Support re: 55 MOTION to Dismiss Complaint. . Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Doud, Rachael) (Entered: 05/15/2019)

DECLARATION of Jallyn Sualog in Support re: 55 MOTION to Dismiss Complaint.. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Doud, Rachael) (Entered: 05/15/2019)

NOTICE OF APPEARANCE by Amy Belsher on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza. (Belsher, Amy) (Entered: 05/28/2019)

LETTER addressed to Judge Paul A. Crotty from Robert Hodgson dated May 31, 2019 re: letter in anticipation of June 3 scheduling conference and in response to the government's request to stay all discovery (ECF No. 56). Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Hodgson, Robert) (Entered: 05/31/2019)

Minute Entry for proceedings held before Judge Paul A. Crotty: Initial Pretrial Conference held on 6/3/2019. REMARK: Robert Hodgson, Christopher Dunn, and Jennifer Brown appeared for the petitioners. AUSA'sRachael Doud, Jeffrey Oestericher, and Anthony Sun appeared for the respondents. The motion for a stay was denied. The parties were directed to submit a CCMP by June 10, 2019, and to meet and confer on their current disputes. See transcript for details. (Court Reporter Michael McDaniel) (dgo)

ORDER denying 55 Motion to Dismiss. For the reasons stated at today's conference, the Government's motion to stay discovery until its motion to dismiss is fully briefed and decided by the Court is DENIED. The parties are to confer and submit a proposed case management plan by June 10, 2019. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/3/2019) (ks) (Entered: 06/03/2019)

MEMORANDUM OF LAW in Opposition re: 55 MOTION to Dismiss Complaint. for Plaintiffs/Petitioners. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Gemmell, Antony) (Entered: 06/10/2019)

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 64 Declaration) - DECLARATION of Robert Hodgson in Support re: 55 MOTION to Dismiss Complaint.. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Exhibit in support of Hodgson Declaration, # 2 Exhibit in support of Hodgson Declaration, # 3 Exhibit in support of Hodgson Declaration)(Gemmell, Antony) Modified on 6/11/2019 (db). (Entered: 06/10/2019)

PROPOSED CASE MANAGEMENT PLAN. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Gemmell, Antony) (Entered: 06/10/2019)

DECLARATION of Robert Hodgson in Support re: 61 Memorandum of Law in Opposition to Motion,. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Exhibit in support of Hodgson Declaration, # 2 Exhibit in support of Hodgson Declaration, # 3 Exhibit in support of Hodgson Declaration)(Gemmell, Antony) (Entered: 06/11/2019)

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is not to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. Counsel for the parties have conferred and their present best estimate of the length of trial is: 1 week. Deposition due by 10/31/2019. Fact Discovery due by 10/31/2019. Expert Discovery due by 12/31/2019. Discovery due by 8/20/2019. Pretrial Conference set for 9/17/2019 at 11:45 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (And as further set forth in this Order). (Signed by Judge Paul A. Crotty on 6/11/2019) (jca) (Entered: 06/11/2019)

TRANSCRIPT of Proceedings re: conference held on 6/3/2019 before Judge Paul A. Crotty. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/10/2019.(McGuirk, Kelly) (Entered: 06/12/2019)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/3/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/12/2019)

LETTER MOTION for Extension of Time to File Reply Brief addressed to Judge Paul A. Crotty from Rachael L. Doud dated June 13, 2019. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez.(Doud, Rachael) (Entered: 06/13/2019)

ORDER granting 68 LETTER MOTION for Extension of Time to File Reply Brief addressed to Judge Paul A. Crotty from Rachael L. Doud dated June 13, 2019. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. The one week extension is granted. So ordered. (Signed by Judge Paul A. Crotty on 6/13/2019) (rjm) (Entered: 06/14/2019)

Set/Reset Deadlines: Replies due by 6/27/2019. (rjm)

REPLY MEMORANDUM OF LAW in Support re: 55 MOTION to Dismiss Complaint. . Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Doud, Rachael) (Entered: 06/27/2019)

DECLARATION of Jallyn Sualog in Support re: 55 MOTION to Dismiss Complaint.. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Doud, Rachael) (Entered: 06/27/2019)

LETTER addressed to Judge Paul A. Crotty from AUSA Anthony J. Sun dated 7/11/2019 re: Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Attachments: # 1 Exhibit H.R. 3401 (Pub. Law 116-26))(Sun, Anthony) (Entered: 07/11/2019)

LETTER addressed to Judge Paul A. Crotty from Robert Hodgson dated July 18, 2019, re: In response to the government's letter of July 11th (ECF No. 72) regarding its Motion to Dismiss. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Hodgson, Robert) (Entered: 07/18/2019)

LETTER addressed to Judge Paul A. Crotty from Robert Hodgson on behalf of the parties dated 9/5/2019 re: upcoming pretrial conference scheduled for September 17, 2019. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Hodgson, Robert) (Entered: 09/05/2019)

MEMO ENDORSEMENT on re: 74 Letter, filed by Cledia Hernandez Meza, Norma Duchitanga, Thalia Escarega Rubio, Blanca Ortiz, Diego Garcia Aguilar. ENDORSEMENT: The matter will be adjourned for 45 days to November 4 2019 at 11 AM. The parties may request an earlier conference if they so desire. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/6/2019) (ks) (Entered: 09/06/2019)

Set/Reset Hearings: Pretrial Conference set for 11/4/2019 at 11:00 AM before Judge Paul A. Crotty. (ks)

LETTER addressed to Judge Paul A. Crotty from Robert Hodgson dated 10/31/2019 re: Letter on behalf of the parties regarding upcoming conference scheduled for November 4, 2019. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Hodgson, Robert) (Entered: 10/31/2019)