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Case: A.P.F. v. United States

2:20-cv-00065 | U.S. District Court for the District of Arizona

Filed Date: Jan. 10, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

The Trump Administration implemented an immigration policy from 2017 to 2018, which called for the separation of immigrant families at the U.S.-Mexico border.  Two immigrant parents filed this lawsuit on January 10, 2020 against the U.S. government in the U.S. District Court for Arizona.  The case was originally assigned to District Judge Susan M. Brnovich.  These parents were allegedly separated by Customs and Border Protection (CBP) officials for two months from their children, who were sent …

The Trump Administration implemented an immigration policy from 2017 to 2018, which called for the separation of immigrant families at the U.S.-Mexico border.  Two immigrant parents filed this lawsuit on January 10, 2020 against the U.S. government in the U.S. District Court for Arizona.  The case was originally assigned to District Judge Susan M. Brnovich.  These parents were allegedly separated by Customs and Border Protection (CBP) officials for two months from their children, who were sent to facilities at different states across the country.  The parents claimed that they had limited contact with their children, and were given no details about when they would be reunited.  Their lawsuit brought claims under the Federal Tort Claims Act (FTCA), for intentional infliction of emotional distress, negligence and loss of child consortium.  They sought monetary damages for the separation.  

Starting in July 2017 under a pilot program and formally announced by the U.S. Attorney General in April 2018, the United States targeted families for prosecution, separated children from parents, classified the children as Unaccompanied Minor Children ("UMC") and sent the children to other states across the country.  The justification for this policy was to deter border crossings from Central America.  In Ms. L. v. U.S Immigration & Customs Enf't, 310 F. Supp. 3d 1133, 1149 (S.D. Cal. 2018), a federal district court in June 2018 barred these practices after recognizing their likely unconstitutionality.  The Trump administration soon after issued an executive order formally ending the policy.  

On February 14, 2020, the plaintiffs filed a motion to transfer the case to Senior District Judge Susan R. Bolton who presided over an earlier-filed case, C.M., et al. v. United States, where the plaintiffs had brought nearly identical claims that they alleged arose from the same federal policy.  The Court granted the motion to transfer on April 14, 2020, and assigned the case to Judge Bolton.  Plaintiffs also filed their first Amended Complaint on July 16, 2020, which added four other immigrant families. 

On March 17, 2020, the United States moved to dismiss the case.  The Court denied the United States' motion to dismiss on July 27, 2020, and found that the plaintiffs had adequately alleged that "a private individual under like circumstances would be liable under state law," thereby establishing subject-matter jurisdiction under the FTCA.  The parties proceeded to engage in discovery for over a year.  

The parties filed a joint motion to stay for the purpose of engaging in discussions with respect to the settlement of this action and the related case C.M.  The Court granted this motion, as well as subsequent motions to stay, and held this action and the related case in abeyance until December 21, 2021 when the Court granted plaintiffs’ motion to lift stay, after the parties failed to reach a settlement. 

Shortly thereafter, plaintiffs refiled a motion to compel production of relevant documents and a motion to compel discovery withheld by the government based on improper privilege assertions.  On February 15, 2022, Judge Bolton granted in part and denied in part the motion to compel discovery withheld by the government based on improper privilege assertions, finding that most redactions made by the government based on privilege were carefully and correctly done.

The parties continued to engage in discovery through the summer of 2022.  On both July 15, 2022 and August 15, 2022, the Court granted their joint motions to extend the deadlines for fact discovery and settlement negotiations.  The United states filed a motion to compel adult plaintiffs to submit to psychological examinations, as well as a motion for extension of time to complete discovery, on September 22, 2022.  The case remains ongoing.  

Summary Authors

Chris Miller (10/3/2022)

Related Cases

C.M. v. United States, District of Arizona (2019)

Documents in the Clearinghouse

Document
1

2:20-cv-00065

Complaint

Jan. 10, 2020

Jan. 10, 2020

Complaint
26

2:20-cv-00065

Order on Motion to Transfer Related Case

April 14, 2020

April 14, 2020

Order/Opinion
34

2:20-cv-00065

First Amended Complaint

July 16, 2020

July 16, 2020

Complaint
36

2:20-cv-00065

Order

July 27, 2020

July 27, 2020

Order/Opinion
117

2:20-cv-00065

Order on Motion to Lift Stay

Dec. 21, 2021

Dec. 21, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16679601/apf-v-united-states/

Last updated Oct. 10, 2022, 8:14 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17820035 filed by A.P.F., J.V.S. (Beauchamp, Keith) (Attachments: # 1 Civil Cover Sheet)(MFR) (Entered: 01/10/2020)

1 Civil Cover Sheet

View on PACER

Jan. 10, 2020

Jan. 10, 2020

Clearinghouse
2

SUMMONS Submitted by A.P.F., J.V.S. (Beauchamp, Keith) (Attachments: # 1 Summons)(MFR) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
3

Filing fee paid, receipt number 0970-17820035. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-20-0065-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MFR) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
4

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MFR) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
5

Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons)(MFR) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
6

ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M Brnovich on 1/13/2020. (TCA) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
7

ORDER: Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on April 9, 2020. Signed by Judge Susan M Brnovich on 1/13/2020. (TCA) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
8

MOTION To Proceed Under Pseudonyms and for a Protective Order, MOTION for Protective Order by A.P.F., J.V.S.. (Attachments: # 1 Text of Proposed Order Order)(Beauchamp, Keith) (Entered: 01/13/2020)

1 Text of Proposed Order Order

View on PACER

Jan. 13, 2020

Jan. 13, 2020

RECAP
9

NOTICE TO FILER OF DEFICIENCY re: 8 MOTION To Proceed Under Pseudonyms and for a Protective Order MOTION for Protective Order filed by A.P.F., J.V.S.. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER

Remark: Pro hac vice motion(s) granted for Michelle Lapointe on behalf of Plaintiffs A.P.F. and J.V.S.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 14, 2020

Jan. 14, 2020

PACER

Remark re Pro Hac Vice Motion

Jan. 14, 2020

Jan. 14, 2020

PACER

Notice of Deficiency (Text Only)

Jan. 14, 2020

Jan. 14, 2020

PACER

Remark re Pro Hac Vice Motion

Jan. 16, 2020

Jan. 16, 2020

PACER

Remark: Pro hac vice motion(s) granted for Terra White Fulham on behalf of Plaintiffs A.P.F. and J.V.S.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 16, 2020

Jan. 16, 2020

PACER

Remark re Pro Hac Vice Motion

Jan. 22, 2020

Jan. 22, 2020

PACER

Remark: Pro hac vice motion(s) granted for Norma Ventura on behalf of Plaintiffs A.P.F. and J.V.S.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 22, 2020

Jan. 22, 2020

PACER

Remark: Pro hac vice motion(s) granted for Matthew Jay Schlesinger on behalf of Plaintiffs A.P.F. and J.V.S.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 23, 2020

Jan. 23, 2020

PACER

Remark re Pro Hac Vice Motion

Jan. 23, 2020

Jan. 23, 2020

PACER

Remark: Pro hac vice motion(s) granted for Swati R Prakash on behalf of Plaintiffs A.P.F. and J.V.S.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 24, 2020

Jan. 24, 2020

PACER

Remark re Pro Hac Vice Motion

Jan. 24, 2020

Jan. 24, 2020

PACER

Remark: Pro hac vice motion(s) granted for Paul R Chavez on behalf of Plaintiffs A.P.F., J.V.S.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 24, 2020

Jan. 24, 2020

PACER

Remark re Pro Hac Vice Motion

Jan. 27, 2020

Jan. 27, 2020

PACER

Remark: Pro hac vice motion(s) granted for Jason Andrew Carey on behalf of Plaintiffs A.P.F. and J.V.S.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 27, 2020

Jan. 27, 2020

PACER

Remark (Public)

Jan. 29, 2020

Jan. 29, 2020

PACER

Remark: Out of state attorney Jessica R Hanson removed as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 29, 2020

Jan. 29, 2020

PACER

Remark (Public)

Jan. 29, 2020

Jan. 29, 2020

PACER

Remark re Pro Hac Vice Motion

Jan. 31, 2020

Jan. 31, 2020

PACER

Remark: Pro hac vice motion(s) granted for Jessica R Hanson on behalf of Plaintiffs A.P.F. and J.V.S.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 31, 2020

Jan. 31, 2020

PACER
10

MOTION to Transfer Related Case by A.P.F., J.V.S.. (Attachments: # 1 Text of Proposed Order) (Associated Cases: CV-19-05217-PHX-SRB, CV-20-00065-PHX-SMB) (Beauchamp, Keith) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
11

RESPONSE to Motion re: (21 in 2:19-cv-05217-SRB, 21 in 2:19-cv-05217-SRB) MOTION to Transfer Related Case filed by C.M., L.G., M.R., O.A., V.C.. (Associated Cases: 2:19-cv-05217-SRB, 2:20-cv-00065-SMB) (Rosenbaum, David) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
12

NOTICE OF ATTORNEY APPEARANCE: Theodore William Atkinson appearing for United States of America. . (Atkinson, Theodore) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
13

RESPONSE IN OPPOSITION TO MOTION TO TRANSFER (ECF 10) by Defendant United States of America. (Atkinson, Theodore) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
14

NOTICE OF ATTORNEY APPEARANCE: Philip D. MacWilliams appearing for United States of America. . (MacWilliams, Philip) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
15

NOTICE TO FILER OF DEFICIENCY re: 13 Response filed by United States of America. Document entered in wrong case and wrong event used. This document should have been filed in CV-19-5217 using the LR 42 Response to Motion to Consolidate/Transfer Cases event. FOLLOW-UP ACTION REQUIRED: Please refile document in correct case with correct event. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
16

RESPONSE to Motion re: (21 in 2:19-cv-05217-SRB, 21 in 2:19-cv-05217-SRB) MOTION to Transfer Related Case filed by United States of America. (Associated Cases: 2:19-cv-05217-SRB, 2:20-cv-00065-SMB) (Atkinson, Theodore) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER

Notice of Deficiency (Text Only)

Feb. 27, 2020

Feb. 27, 2020

PACER
17

REPLY to Response to Motion re: (21 in 2:19-cv-05217-SRB) MOTION to Transfer Related Case filed by A.P.F., J.V.S.. (Associated Cases: 2:20-cv-00065-SMB, 2:19-cv-05217-SRB) (Beauchamp, Keith) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

RECAP
18

MOTION for Leave to File Excess Pages for motion for excess pages by United States of America. (Attachments: # 1 Text of Proposed Order)(MacWilliams, Philip) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER
19

RESPONSE to Motion re: 18 MOTION for Leave to File Excess Pages for motion for excess pages filed by A.P.F., J.V.S.. (Beauchamp, Keith) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER
20

ORDER that the United States' 18 Motion for Leave to File Excess Pages is granted as follows: The page limit is enlarged to permit up to 30 pages for the United States' Motion to Dismiss. IT IS FURTHER ORDERED enlarging the Response page limit to 30 and the Reply page limit to 15. Signed by Judge Susan M. Brnovich on 3/16/2020. (ESG) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
21

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by United States of America. (MacWilliams, Philip) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

RECAP
22

REPLY to Response to Motion re: (21 in 2:19-cv-05217-SRB) MOTION to Transfer Related Case (Supplement) filed by A.P.F., J.V.S.. (Attachments: # 1 Exhibit 1) (Associated Cases: 2:20-cv-00065-SMB, 2:19-cv-05217-SRB) (Beauchamp, Keith) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
23

STIPULATION re: 21 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by A.P.F., J.V.S.. (Attachments: # 1 Text of Proposed Order)(Beauchamp, Keith) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
24

ORDER that the 23 Stipulation for Extension of Time is GRANTED. Plaintiffs shall file their response on or before 5/18/2020, and the United States shall file its reply on or before 6/17/2020. Signed by Judge Susan M. Brnovich on 3/31/2020. (ESG) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
25

NOTICE of Attorney Withdrawal Michelle Lapointe filed by Keith Beauchamp. (Beauchamp, Keith) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
26

ORDER - IT IS ORDERED granting Plaintiffs' Motion to Transfer. (Doc. 10 in CV20-00065 and Doc. 21 in CV19-05217). IT IS FURTHER ORDERED that counsel shall use the case number CV20-00065-PHX-SRB for all further proceedings. Signed by Senior Judge Susan R Bolton on 4/13/2020. (Associated Cases: 2:19-cv-05217-SRB, 2:20-cv-00065-SMB) (WLP) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

Clearinghouse
27

ORDER granting 8 Motion to Proceed Under Pseudonyms and for a Protective Order [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 4/16/20. (MAW) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER

Remark re Pro Hac Vice Motion

April 24, 2020

April 24, 2020

PACER

Remark: Pro hac vice motion(s) granted for Gillian Brett Gillers on behalf of Plaintiffs A.P.F., J.V.S.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

April 24, 2020

April 24, 2020

PACER
28

MOTION to Amend/Correct 1 Complaint by A.P.F., J.V.S.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Beauchamp, Keith) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
29

RESPONSE to Motion re: 21 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by A.P.F., J.V.S.. (Tolman, Shelley) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

RECAP
30

RESPONSE in Opposition re: 28 MOTION to Amend/Correct 1 Complaint filed by United States of America. (MacWilliams, Philip) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
31

REPLY to Response to Motion re: 28 MOTION to Amend/Correct 1 Complaint filed by A.P.F., J.V.S.. (Beauchamp, Keith) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
32

REPLY to Response to Motion re: 21 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by United States of America. (MacWilliams, Philip) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
33

ORDER: IT IS ORDERED granting Plaintiffs' Motion for Leave to File First Amended Complaint and to Add Parties (Doc. 28 ). IT IS FURTHER ORDERED that the Court will maintain the existing briefing schedule for the United States' Motion to Dismiss (Doc. 21 .) The Motion to Dismiss will be considered as directed at the First Amended Complaint [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 7/15/20. (MAW) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

RECAP
34

AMENDED COMPLAINT against United States of America filed by A.P.F., J.V.S..(Beauchamp, Keith) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

Clearinghouse
35

MOTION to Proceed Using Pseudonyms and for a Protective Order by A.P.F., J.V.S.. (Attachments: # 1 Text of Proposed Order)(Beauchamp, Keith) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
36

ORDER: IT IS ORDERED denying the United States' Motion and Memorandum in Support of the United States' Motion to Dismiss (Doc. 21 ) [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 7/27/20. (MAW) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

Clearinghouse
37

ORDER: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for September 3, 2020, at 10:30 a.m. The Rule 16 Case Management Conference will be telephonic. Counsel shall not appear in person. Counsel are directed to call (866) 390-1828; Access code 9667260 five minutes prior to the hearing. Counsel are advised that speaker phones are not permitted [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 7/27/20. (MAW) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
38

ORDER granting 35 Motion to Proceed Under Pseudonyms and for a Protective Order [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 8/6/20. (MAW) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
39

ANSWER to 34 Amended Complaint by United States of America.(MacWilliams, Philip) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
40

MINUTE ORDER: On the Court's own Motion, Telephonic Scheduling Conference is re-set IN TIME ONLY from 10:30 AM to 01:45 PM on 9/3/2020 before Senior Judge Susan R Bolton. Counsel are reminded the call-in information is contained in the Court's Order at Doc. 37 . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER

~Util - Set/Reset Hearings

Aug. 21, 2020

Aug. 21, 2020

PACER
41

Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Joint Case Management Report filed by Plaintiffs A.P.F., J.V.S.. (Beauchamp, Keith) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER

Remark: Pro hac vice motion(s) granted for James Melvin Knoepp on behalf of Plaintiffs A.P.F., J.V.S.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 1, 2020

Sept. 1, 2020

PACER

Remark re Pro Hac Vice Motion

Sept. 1, 2020

Sept. 1, 2020

PACER
42

Joint MOTION for Protective Order by A.P.F., J.V.S.. (Attachments: # 1 Text of Proposed Order)(Beauchamp, Keith) (Entered: 09/02/2020)

1 Text of Proposed Order

View on PACER

Sept. 2, 2020

Sept. 2, 2020

PACER
43

Joint MOTION FOR ORDER ENTERING CLAWBACK AGREEMENT AND ORDER PURSUANT TO FED. R. EVID. 502(d) by A.P.F., J.V.S.. (Attachments: # 1 Text of Proposed Order)(Beauchamp, Keith) (Entered: 09/02/2020)

1 Text of Proposed Order

View on PACER

Sept. 2, 2020

Sept. 2, 2020

PACER
44

MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Telephonic Scheduling Conference held on 9/3/2020. Discussion held as to the coordination of the case regarding discovery and disclosure with CV 19-05217-PHX-SRB (C.M., et al., v. United States of America) assigned to this Court. IT IS ORDERED directing the parties to meet and confer on a supplemental discovery plan and file said plan no later than October 5, 2020. If the parties are in disagreement, the parties shall set out their position as to why this additional supplemental discovery is needed. IT IS FURTHER ORDERED directing Plaintiffs' counsel in this case, Plaintiffs' counsel in CV 19-05217-PHX-SRB and Defense counsel who are common to both cases to coordinate and be present at all of the common depositions so that there is no duplication of depositions taken in these cases. Rule 16 Scheduling order to issue in this case. APPEARANCES: Keith Beauchamp, Jason Carey, Terra Fulham, Gillian Gillers, Matthew Schlesinger and James Knoepp (all appearing telephonically) for Plaintiffs. Philip MacWilliams (appearing telephonically) for Defendant. (Court Reporter Candy Potter) Hearing held 1:50 PM to 2:18 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 09/04/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
45

STIPULATED PROTECTIVE ORDER - See document for complete details. Signed by Senior Judge Susan R Bolton on 9/4/2020. (WLP) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
46

FEDERAL RULE OF EVIDENCE 502(d) ORDER - IT IS ORDERED pursuant to Rule 502(d) of the Federal Rules of Evidence, Rule 26(b) of the Federal Rules of Civil Procedure, and the Court's inherent authority, the production of a document, or part of a document, shall not constitute a waiver of any privilege or protection as to any portion of that document, or as to any undisclosed privileged or protected communications or information concerning the same subject matter, in this or in any other proceeding. See document for complete details. Signed by Senior Judge Susan R Bolton on 9/4/2020. (WLP) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER

1 - Common Prompts (Text Only) AND Scheduling Conference

Sept. 4, 2020

Sept. 4, 2020

PACER
47

TRANSCRIPT REQUEST by A.P.F., J.V.S. for proceedings held on 09/03/2020, Judge Susan R Bolton hearing judge(s). (Beauchamp, Keith) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
48

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs A.P.F., J.V.S.. (Beauchamp, Keith) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
49

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant United States of America. (MacWilliams, Philip) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
50

SCHEDULING ORDER: Discovery due by 8/27/2021. Dispositive motions due by 4/8/2022 [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 9/10/20. (MAW) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
51

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC SCHEDULING CONFERENCE proceedings held on 09/03/2020, before Judge SUSAN R. BOLTON. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2020. Redacted Transcript Deadline set for 10/15/2020. Release of Transcript Restriction set for 12/14/2020. (RAP) (Entered: 09/17/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
52

TRANSCRIPT REQUEST by United States of America for proceedings held on 9/03/2020, Judge Susan R Bolton hearing judge(s). (MacWilliams, Philip) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
53

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant United States of America. (MacWilliams, Philip) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
54

SUPPLEMENT Joint Supplemental Discovery Plan re: 44 Scheduling Conference, Common Prompts (Text Only) by Plaintiffs A.P.F., J.V.S.. (Beauchamp, Keith) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
55

NOTICE of Errata re: 54 Supplement by Plaintiffs A.P.F., J.V.S... (Beauchamp, Keith) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
56

ORDER: At the Case Management Conference on September 3, 2020, the Court ordered the parties to meet and confer on a supplemental discovery plan. On October 5, 2020, the parties filed a Joint Supplemental Discovery Plan that outlined their disagreements on policy-level documentary discovery in addition to that being done in the related case of C.M., et al. v. United States, CV19-5217-PHX-SRB, on additional policy-level depositions, and on the number of Plaintiff-specific depositions. Except to the extent specifically authorized by this Order, the Joint Discovery Plan in C.M. et al. v. United States, CV19-5217-PHX-SRB subject to the limitations and clarifications set out in the Court's August 25, 2020 Order in the C.M. case (Doc. 61 ) shall also control the discovery in this case [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 10/29/20. (MAW) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

RECAP
57

NOTICE of Service of Discovery filed by A.P.F., J.V.S.. (Beauchamp, Keith) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
58

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiffs A.P.F., J.V.S.. (Beauchamp, Keith) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
59

MOTION to Amend/Correct 56 Order Plaintiffs' Unopposed Motion to Amend Order re Supplemental Discovery Plan by A.P.F., J.V.S.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiffs' Unopposed Motion to Amend Order re Supplemental Discovery Plan)(Tolman, Shelley) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
60

ORDER granting 59 Motion to Amend Order Regarding Supplemental Discovery Plan. Nathalie Asher will be substituted for David Jennings on the list of supplemental policy-level custodians approved by the Court on October 29, 2020. (Doc. 56 .) The Court will allow Plaintiffs to add Nathalie Asher to policy-level searches using seven search strings. Defendant no longer needs to include David Jennings as a policy-level custodian. The remainder of the Court's Order (Doc. 56 ) is unchanged. Signed by Senior Judge Susan R Bolton on 11/23/20. (MAW) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
61

STATUS REPORT by United States of America. (MacWilliams, Philip) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

RECAP
62

ORDER - IT IS ORDERED setting a telephonic status conference on December 3, 2020 at 10:30 for both cases. Counsel shall not appear in person. Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones are not permitted. Signed by Senior Judge Susan R Bolton on 11/25/20. (SLQ) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
63

REQUEST re: Request for Leave to File Written Response to Status Report Filed by Defendant United States of America by Plaintiff A.P.F.. (Tolman, Shelley) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
64

ORDER: The Court has reviewed Plaintiffs' Request for Leave to File Written Response to Status Report Filed by Defendant United States of America. IT IS ORDERED that Plaintiffs may file a written response to Defendant's Status Report no later than December 2, 2020. Signed by Senior Judge Susan R Bolton on 12/1/20. (MAW) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

RECAP
65

*RESPONSE re: 61 Report - Status Plaintiffs' Response to Status Report Filed By Defendant United States of America by Plaintiff A.P.F., J.V.S. (Tolman, Shelley) *Modified to add additional filer on 12/3/2020 (REK). (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
66

TRANSCRIPT REQUEST by A.P.F. for proceedings held on 12/3/2020, Judge Susan R Bolton hearing judge(s). (Tolman, Shelley) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
67

MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Telephonic Status Conference held on 12/3/2020 regarding Defendant's Status Report (Doc. 61 ). The Court advises counsel it is aware that Plaintiffs' counsel filed a response to the Status Report (Doc. 65 ) but has not had an opportunity to review the response. Discussion held regarding the status of discovery of electronically stored information. On the Court's own Motion, IT IS ORDERED continuing Telephonic Status Conference to December 10, 2020, at 11:30 a.m. (Arizona time). Counsel are directed to call (866) 390-1828; Access Code: 9667260. Counsel are advised that speaker phones are not permitted. IT IS FURTHER ORDERED directing counsel to submit a joint notice no later than Noon, December 9, 2020 (Arizona time), advising the Court the agreements the parties have reached and what area of disagreements still remain. Defense Counsel should be prepared to advise the Court at the December 10 conference of a proposed timeline to complete the review of the documents and of dates for rolling production of those documents. APPEARANCES: Gillian Gillers, Keith Beauchamp, Terra Fulham, James Knoepp, Norma Ventura and Kristin Cobb (all appearing telephonically) for Plaintiffs. Philip MacWilliams (appearing telephonically) for Defendant. (Court Reporter Linda Schroeder) Hearing held 10:34 AM to 11:07 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 12/04/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
68

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC STATUS CONFERENCE Proceedings held on 12/03/2020, before Judge SUSAN R. BOLTON. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/28/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/4/2021. (RAP) (Entered: 12/07/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER

1 - Common Prompts (Text Only) AND Status Conference AND ~Util - Set/Reset Hearings

Dec. 4, 2020

Dec. 4, 2020

PACER

1 - Common Prompts (Text Only) AND ~Util - Set/Reset Hearings AND Status Conference

Dec. 4, 2020

Dec. 4, 2020

PACER

~Util - Set/Reset Hearings AND 1 - Common Prompts (Text Only) AND Status Conference

Dec. 4, 2020

Dec. 4, 2020

PACER
69

STATUS REPORT Joint Status Report by A.P.F.. (Tolman, Shelley) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
70

MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Telephonic Status Conference held on 12/10/2020. A telephonic status conference was held December 3, 2020, regarding Defendant's status report but was continued to this date in order for counsel to file a Joint Status Report to detail the status of ESI discovery, which has been filed at Doc. 69 . Discussion held. IT IS ORDERED directing Defense counsel to produce to Plaintiffs no later than January 31, 2021, the Department of Justice documents along with the attorney/client privilege log of the documents being withheld. The issue of executive privilege will not be resolved at this time. IT IS FURTHER OERDERED affirming the deadline of December 31, 2020, for the production of Plaintiffs' specific ESI documents. Regarding the Technology Assisted Review Validation Process ("TAR"), IT IS ORDERED the TAR validation process shall be completed no later than January 15, 2021. Defense counsel will then be in a position to advise how long it will take Defense counsel to complete the production with a log and a realistic deadline by when Plaintiffs can expect to receive the documents on a rolling basis. IT IS FURTHER ORDERED directing counsel to file a Joint Status Report no later than February 1, 2021. A further telephonic status conference may be set after the Court reviews the joint status report. APPEARANCES: Gillian Gillers, Keith Beauchamp, Terra Fulham, Jessica Hanson, James Knoepp and Norma Ventura (all appearing telephonically) for Plaintiffs. Philip MacWilliams (appearing telephonically) for Defendant. (Court Reporter Hilda Lopez) Hearing held 11:33 AM to 12:09 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 12/11/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
71

TRANSCRIPT REQUEST by A.P.F. for proceedings held on 12/10/2020, Judge Susan R Bolton hearing judge(s). (Tolman, Shelley) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Jan. 10, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six immigrant parents and their children who were allegedly separated after being detained at the U.S.-Mexico border.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States (Washington, District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Asylum - procedure

Border police

Detention - conditions

Detention - procedures

Family Separation