Case: Cortez v. United States of America

2:24-cv-07532 | U.S. District Court for the Eastern District of New York

Filed Date: Oct. 29, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a putative class action accusing U.S. Immigration and Customs Enforcement (ICE) of failing to return more than $300 million in bonds paid by individuals to secure the release of people awaiting immigration proceedings. Represented by private counsel, the plaintiff filed this suit on October 29, 2024, against the United States in the U.S. District Court for the Eastern District of New York (District Judge Joan M. Azrack). The lawsuit concerned cash bonds that allow noncitizens detained b…

This is a putative class action accusing U.S. Immigration and Customs Enforcement (ICE) of failing to return more than $300 million in bonds paid by individuals to secure the release of people awaiting immigration proceedings.

Represented by private counsel, the plaintiff filed this suit on October 29, 2024, against the United States in the U.S. District Court for the Eastern District of New York (District Judge Joan M. Azrack). The lawsuit concerned cash bonds that allow noncitizens detained by ICE to be released from custody pending the completion of their removal proceedings. After the cancellation of the bond, which occurs when the proceedings are finalized or the subject returns to custody, ICE is obligated to notify the obligor (the person who put up the bond) that the bond has been canceled and to return the amount of the bond, plus applicable interest. However, the plaintiff alleged that ICE had failed to cancel bonds following a cancellation event on thousands of occasions, frequently failed to send notice of cancellation to the obligors, and often made it difficult for obligors to recover their money by requiring them to submit a form that they may no longer have (and that had not been discussed in the original contract). The plaintiff claimed that ICE had kept over $300 million that should have been refunded, disproportionately impacting the low-income families who often provided these cash bonds.

The plaintiff sought certification for a class of “All individuals and entities who posted a cash delivery bond with ICE and have not received a return of their cash deposit, where the bond experienced a cancellation event and was not breached prior to that event, and where the total amount of the bond plus applicable interest does not exceed $10,000 while the litigation is pending (unless the individual or entity expressly waives any right to receive damages in excess of $10,000 with respect to that bond).” The plaintiff also sought a declaratory judgment, monetary relief, and attorneys' fees.

The case remains ongoing as of January 26, 2025.

Summary Authors

Mario Campos (12/23/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69319228/parties/cortez-v-united-states/


Judge(s)

Azrack, Joan Marie (New York)

Attorney for Plaintiff

Amanat, Farzin Franklin (New York)

Markowitz, Peter (New York)

Narwold, William H. (New York)

Norona, Mauricio Eduardo (New York)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case
1

2:24-cv-07532

Complaint

Complaint - Cortez v. United States

Oct. 29, 2024

Oct. 29, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69319228/cortez-v-united-states/

Last updated July 28, 2026, 7 p.m.

ECF Number Date Description Link
1 Oct. 29, 2024

COMPLAINT [CLASS ACTION COMPLAINT] against United States of America filing fee $ 405, receipt number ANYEDC-18436409 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Douglas Cortez. (Attachments: # 1 Civil Cover Sheet) (Amanat, Farzin) Modified on 10/29/2024 (LJ). (Entered: 10/29/2024)

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2 Oct. 29, 2024

Proposed Summons. Re 1 Complaint, by Douglas Cortez (Amanat, Farzin) (Entered: 10/29/2024)

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3 Oct. 29, 2024

Proposed Summons. Re 1 Complaint, by Douglas Cortez (Amanat, Farzin) (Entered: 10/29/2024)

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4 Oct. 29, 2024

NOTICE of Appearance by Peter Markowitz on behalf of All Plaintiffs (aty to be noticed) (Markowitz, Peter) (Entered: 10/29/2024)

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5 Oct. 29, 2024

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 10/29/2024)

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6 Oct. 29, 2024

Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (LJ) (Entered: 10/29/2024)

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7 Oct. 29, 2024

Proposed Summons. Re 1 Complaint, by Douglas Cortez (Amanat, Farzin) (Entered: 10/29/2024)

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8 Oct. 29, 2024

Proposed Summons. Re 1 Complaint, by Douglas Cortez (Amanat, Farzin) (Entered: 10/29/2024)

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9 Oct. 29, 2024

NOTICE of Appearance by Mauricio Norona on behalf of Douglas Cortez (aty to be noticed) (Norona, Mauricio) (Entered: 10/29/2024)

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Oct. 29, 2024

Case Assigned to Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ)

Oct. 29, 2024

Your proposed summonses were not issued for the following reason: Please include a summons with an address to serve defendant "United States of America" in addition to the addresses provided for the EDNY U.S. Attorney and United States Attorney General. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ)

10 Oct. 30, 2024

Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (AMF) (Entered: 10/30/2024)

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11 Oct. 31, 2024

SCHEDULING ORDER: An Initial Conference is scheduled for January 8, 2025 at 11:00 before Magistrate Judge Arlene R. Lindsay. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 10/31/2024. c/ecf (RI) (Entered: 10/31/2024)

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12 Nov. 21, 2024

Notice of MOTION to Certify Class [Plaintiffs' Placeholder Motion for Class Certification, and Request to Hold Motion in Abeyance] by Douglas Cortez. (Attachments: # 1 Memorandum in Support) (Amanat, Farzin) (Entered: 11/21/2024)

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13 Nov. 22, 2024

NOTICE of Appearance by Robert W. Schumacher, II on behalf of United States of America (aty to be noticed) (Schumacher, Robert) (Entered: 11/22/2024)

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14 Dec. 4, 2024

Letter MOTION for Extension of Time to File Answer re 1 Complaint, by United States of America. (Schumacher, Robert) (Entered: 12/04/2024)

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Dec. 5, 2024

ORDER granting 14 Motion for Extension of Time to Answer. The time for Defendant United States of America to answer, move against or otherwise respond to the Complaint is extended until February 3, 2025. The Initial Conference scheduled for January 8, 2025 is adjourned until February 12, 2025 at 11:00 a.m. The time for Defendant to respond to Plaintiff's motion for class certification is extended until March 3, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 12/5/2024. (BJ)

15 Dec. 9, 2024

NOTICE by Douglas Cortez : Joint Notice of Lack of All Parties' Consent to have a United States Magistrate Judge conduct all proceedings in accordance with 28 USC 636(c). The Clerk of the Court is respectfully requested to assign a United States District Judge to preside over this case. (Amanat, Farzin) (Entered: 12/09/2024)

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Dec. 18, 2024

NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. c/ecf (RI)

Dec. 18, 2024

Case Reassigned to Judge Joan M. Azrack and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ)

16 Dec. 19, 2024

NOTICE of Appearance by William H. Narwold on behalf of Douglas Cortez (aty to be noticed) (Narwold, William) (Entered: 12/19/2024)

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17 Feb. 3, 2025

Letter MOTION for pre motion conference for leave to file MTD by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Schumacher, Robert) (Entered: 02/03/2025)

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18 Feb. 7, 2025

MOTION for Extension of Time to File Response/Reply as to 17 Letter MOTION for pre motion conference for leave to file MTD, seeking, ON CONSENT of the Government, an extension until Friday February 14 to respond to 17 the Government's premotion letter. Respectfully submitted by Douglas Cortez. (Amanat, Farzin) (Entered: 02/07/2025)

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19 Feb. 7, 2025

Consent MOTION to Adjourn Conference . With the consent and concurrence of the Government, Plaintiff respectfully requests that the Court adjourn the initial conference scheduled for Wednesday, February 12, 2025, and to correspondingly stay discovery in the action, until the parties have completed briefing on the Government's motion to dismiss, and on Plaintiff's placeholder motion for class certification. At the conclusion of said briefing, the parties will meet and confer to assess whether it makes sense to continue the stay of discovery or to ask the Court to schedule a Rule 16(b) conference so that discovery may commence. Respectfully submitted by Douglas Cortez. (Amanat, Farzin) (Entered: 02/07/2025)

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Feb. 10, 2025

ORDER granting 18 Motion for Extension of Time to File Response/Reply. Ordered by Judge Joan M. Azrack on 2/10/2025. (AJS)

Feb. 10, 2025

ORDER re 19 : The February 12, 2025 conference is adjourned and discovery is stayed until the parties have completed their briefing schedule. The parties are directed to submit a joint status letter on or before March 25, 2025.Ordered by Magistrate Judge Arlene R. Lindsay on 2/10/2025. c/ecf (RI)

Feb. 10, 2025

ORDER re 19: The February 12, 2025 conference is adjourned and discovery is stayed until the parties have completed their briefing schedule. The parties are directed to submit a joint status letter on or before March 25, 2025.Ordered by Magistrate Judge Arlene R. Lindsay on 2/10/2025. c/ecf (RI)

20 Feb. 14, 2025

RESPONSE in Opposition re 17 Letter MOTION for pre motion conference for leave to file MTD filed by Douglas Cortez. (Amanat, Farzin) (Entered: 02/14/2025)

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21 March 3, 2025

RESPONSE to Motion re 12 Notice of MOTION to Certify Class [Plaintiffs' Placeholder Motion for Class Certification, and Request to Hold Motion in Abeyance] filed by United States of America. (Schumacher, Robert) (Entered: 03/03/2025)

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22 March 10, 2025

REPLY in Support re 21 Response to Motion, 12 Notice of MOTION to Certify Class [Plaintiffs' Placeholder Motion for Class Certification, and Request to Hold Motion in Abeyance] [Letter to Judge Azrack in response to Government's letter of March 3] filed by Douglas Cortez. (Amanat, Farzin) (Entered: 03/10/2025)

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23 March 14, 2025

AMENDED COMPLAINT [First Amended Class Action Complaint] against United States of America, filed by Douglas Cortez, NELL B. ARCHER. (Amanat, Farzin) (Entered: 03/14/2025)

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24 March 14, 2025

Letter to Judge Azrack accompanying filing of Amended Complaint by NELL B. ARCHER, Douglas Cortez (Amanat, Farzin) (Entered: 03/14/2025)

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25 March 25, 2025

STATUS REPORT (JOINT) by NELL B. ARCHER, Douglas Cortez (Amanat, Farzin) (Entered: 03/25/2025)

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March 26, 2025

ORDER re 25 : The parties are directed to submit a further status letter by April 25, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 3/26/2025. c/ecf (RI)

26 April 15, 2025

Consent MOTION to Withdraw 23 Amended Complaint Consent Motion to Withdraw Amended Complaint and Reinstate Initial Complaint by Douglas Cortez. (Amanat, Farzin) (Entered: 04/15/2025)

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April 16, 2025

ORDER re 26 : The motion to withdraw the amended complaint and reinstate the initial complaint as the operative pleading is granted. Ordered by Magistrate Judge Arlene R. Lindsay on 4/16/2025. c/ecf (RI)

27 April 25, 2025

STATUS REPORT by Douglas Cortez (Amanat, Farzin) (Entered: 04/25/2025)

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April 28, 2025

ORDER re 27 : The parties are directed to submit a further status letter by June 27, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 4/28/2025. c/ecf (RI)

June 24, 2025

ORDER granting 17 Motion for Pre Motion Conference. A telephone pre motion conference is set for 7/15/2025 at 3:30 PM before Judge Joan M. Azrack. Counsel shall dial 571-353-2301 and enter access code 279933568 at the prompt. Ordered by Judge Joan M. Azrack on 6/24/2025. (AJS)

28 June 27, 2025

STATUS REPORT Joint Status Report by NELL B. ARCHER, Douglas Cortez (Amanat, Farzin) (Entered: 06/27/2025)

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June 30, 2025

ORDER re 28 : The parties are directed to submit a further status report by July 25, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 6/30/2025. c/ecf (RI)

29 July 3, 2025

Letter MOTION to Adjourn Conference by United States of America. (Schumacher, Robert) (Entered: 07/03/2025)

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July 3, 2025

ORDER granting 29 Motion to Adjourn Conference. The telephone pre motion conference is rescheduled for 7/22/2025 at 3:30 PM before Judge Joan M. Azrack. Counsel shall dial 571-353-2301 and enter access code 279933568 at the prompt. Ordered by Judge Joan M. Azrack on 7/3/2025. (AJS)

July 16, 2025

SCHEDULING ORDER: Due to a change in this Court's calendar, the telephone pre-motion conference scheduled for 7/22/2025 will be held at 3:00 PM. Dial-in remains the same. Ordered by Judge Joan M. Azrack on 7/16/2025. (LP)

30 July 17, 2025

STATUS REPORT by United States of America (Schumacher, Robert) Modified on 7/18/2025 (LC). STRICKEN pursuant to 7/18/2025 Order of Judge Joan M. Azrack. This entry has been modified on 7/18/2025 to indicate Status Report 30 has been stricken. (LC). Modified on 7/18/2025 (LC). (Entered: 07/17/2025)

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31 July 17, 2025

STATUS REPORT with Exhibit by United States of America (Attachments: # 1 Exhibit A) (Schumacher, Robert) (Entered: 07/17/2025)

1

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32 July 18, 2025

Letter MOTION to Strike 30 Status Report by United States of America. (Schumacher, Robert) (Entered: 07/18/2025)

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July 18, 2025

ORDER granting 32 Motion to Strike. Ordered by Judge Joan M. Azrack on 7/18/2025. (AJS)

July 18, 2025

ORDER denying 31 Motion to Stay/Adjourn Conference. The telephone pre-motion conference scheduled for 7/22/2025 at 3:00 PM will take place as previously ordered. Dial-in remains the same. Ordered by Judge Joan M. Azrack on 7/18/2025. (AJS)

33 July 21, 2025

Letter Status Report Response Letter by Douglas Cortez (Amanat, Farzin) (Entered: 07/21/2025)

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34 July 21, 2025

MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-19260894 by Douglas Cortez. (Attachments: # 1 Affidavit, # 2 Administrative Record Certificate of Good Standing) (Scott-Railton, Thomas) (Entered: 07/21/2025)

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35 July 22, 2025

NOTICE of Appearance by Thomas Scott-Railton on behalf of Douglas Cortez (notification declined or already on case) (Scott-Railton, Thomas) (Entered: 07/22/2025)

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36 July 22, 2025

MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for PRE-MOTION CONFERENCE (Tel) held on 7/22/2025. APPEARANCES: For Plaintiff: Peter Markowitz, Frank Amanat, Thomas Scott-Railton, Mauricio Norona; For Defendants: Robert Schumacher. Case called. Counsel present for all sides. A telephone status conference is scheduled for 11/18/2025 at 2:30 PM and will be conducted through the CISCO teleconference center. Counsel shall dial 571-353-2301 and enter access code 279933568 at the prompt. Parties may file a status report prior to the conference. Other: Motion is held in abeyance. (Time Log #CISCO.) (LC) (Entered: 07/22/2025)

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July 22, 2025

ORDER granting 34 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/22/2025. c/ecf (RI)

July 22, 2025

ORDER: This case is stayed for four months pending the Government's ongoing efforts to address the backlog of cash bonds identified in Plaintiff's complaint. A telephone conference is scheduled for 11/18/2025 at 2:30 PM before Judge Joan M. Azrack. Counsel shall dial 571-353-2301 and enter access code 279933568 at the prompt. At the telephone conference, the Government shall be prepared to provide a status report as to the clearing of this backlog. Plaintiffs' Placeholder Motion for Class Certification at ECF No. 12 will be held in abeyance pending the status report provided by the Government at the 11/18/2025 telephone conference. Ordered by Judge Joan M. Azrack on 7/22/2025. (AJS)

37 Oct. 16, 2025

MOTION to Appear Pro Hac Vice Jonathan E. Taylor Filing fee $ 200, receipt number ANYEDC-19541518 by Douglas Cortez. (Attachments: # 1 Affidavit Pro Hac Vice Affidavit, # 2 New York Bar Certificate of Good Standing, # 3 District of Columbia Bar Certificate of Good Standing) (Scott-Railton, Thomas) (Entered: 10/16/2025)

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38 Oct. 16, 2025

MOTION to Appear Pro Hac Vice Deepak Gupta Filing fee $ 200, receipt number ANYEDC-19541708 by Douglas Cortez. (Attachments: # 1 Affidavit Pro Hac Vice Affidavit, # 2 DC Bar Certificate of Good Standing) (Scott-Railton, Thomas) (Entered: 10/16/2025)

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Oct. 17, 2025

ORDER re 37 : The Motion of Jonathan E. Taylor for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 10/17/2025. c/ecf (RI)

Oct. 17, 2025

ORDER re 38 : The Motion of Douglas Cortez for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 10/17/2025. c/ecf (RI)

Oct. 17, 2025

Order on Motion for Leave to Appear Pro Hac Vice

39 Oct. 22, 2025

NOTICE of Appearance by Jonathan Taylor on behalf of Douglas Cortez (aty to be noticed) (Taylor, Jonathan) (Entered: 10/22/2025)

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40 Oct. 22, 2025

NOTICE of Appearance by Deepak Gupta on behalf of Douglas Cortez (aty to be noticed) (Gupta, Deepak) (Entered: 10/22/2025)

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Nov. 5, 2025

SCHEDULING ORDER: Due to a conflict with this Court's trial calendar, the telephone conference set 11/18/2025 is RESCHEDULED for 12/4/2025 at 9:45 AM before Judge Joan M. Azrack. Dial-in remains the same. Ordered by Judge Joan M. Azrack on 11/5/2025. (LP)

41 Nov. 24, 2025

Letter MOTION to Adjourn Conference . With consent of the Government, Plaintiffs respectfully move to adjourn the December 4 telephonic status conference to January 7. Respectfully submitted by Douglas Cortez. (Amanat, Farzin) (Entered: 11/24/2025)

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Nov. 25, 2025

ORDER granting 41 Motion to Adjourn Conference. The telephone status conference is rescheduled for 1/7/2026 at 11:30 AM before Judge Joan M. Azrack. Dial-in remains the same. Ordered by Judge Joan M. Azrack on 11/25/2025. (LP)

42 Jan. 5, 2026

STATUS REPORT by United States of America (Attachments: # 1 Exhibit A) (Schumacher, Robert) (Entered: 01/05/2026)

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43 Jan. 6, 2026

Letter to Judge Azrack in response to government status report by Douglas Cortez (Amanat, Farzin) (Entered: 01/06/2026)

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44 Jan. 7, 2026

Letter supplementing Defendant's January 5, 2026 status report by United States of America (Schumacher, Robert) (Entered: 01/07/2026)

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45 Jan. 7, 2026

MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for STATUS CONFERENCE (Tel) held on 1/7/2026. APPEARANCES: For Plaintiff: Peter Markowitz, Thomas Scott-Railton, Frank Amanat; For Defendants: Robert Schumacher. Case called. Counsel present for all sides. A further telephone status conference is scheduled for 3/18/2026 at 4:45 PM and will be conducted through the CISCO conference center. Counsel shall dial 571-353-2301 and enter access code 279933568 at the prompt. Other: Plaintiffs to provide any inquiries to ICE within one week. A status update should be provided to the Court by 3/6/2026. (Time Log #CISCO.) (LC) (Entered: 01/07/2026)

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46 March 4, 2026

Letter MOTION for Extension of Time to File Status Update/Declaration by United States of America. (Schumacher, Robert) (Entered: 03/04/2026)

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March 16, 2026

ORDER granting 46 Motion for Extension of Time to File. The telephone status conference scheduled for 3/18/2026 is ADJOURNED to 3/26/2026 at 9:30 AM. Counsel shall dial 571-353-2301 and enter access code 279933568 at the prompt. Ordered by Judge Joan M. Azrack on 3/16/2026. (LP)

47 March 20, 2026

STATUS REPORT by United States of America (Attachments: # 1 Declaration, # 2 Declaration) (Schumacher, Robert) (Entered: 03/20/2026)

1 Declaration

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2 Declaration

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48 March 20, 2026

NOTICE of Appearance by Nicole M. Zito on behalf of United States of America (aty to be noticed) (Zito, Nicole) (Entered: 03/20/2026)

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49 March 25, 2026

Letter to Judge Azrack in response to 47 Government's Letter of March 20, 2026, submitted in advance of March 26 status conference by Douglas Cortez (Attachments: # 1 Exhibit A (01/13/26 Questions for ICE)) (Amanat, Farzin) (Entered: 03/25/2026)

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50 March 25, 2026

SCHEDULING ORDER: An Initial Conference is scheduled for April 23, 2026 at 11:30 AM before Magistrate Judge Arlene R. Lindsay. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 3/25/2026. (RI) (Entered: 03/25/2026)

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March 25, 2026

ORDER. Having reviewed the Government's Status Report (ECF No. 47) and Plaintiff's Letter in response (ECF No. 49), the Court concludes that this case should proceed to discovery forthwith. The telephone status conference scheduled for 3/26/2026 at 9:30 AM is CANCELLED. The parties are directed to appear before Judge Lindsay for a Rule 16 conference within 30 days of this Order. The parties are further directed to notify the Court when the Rule 16 conference has been scheduled. Ordered by Judge Joan M. Azrack on 3/25/2026. (TRN)

March 25, 2026

ORDER. Having reviewed the Government's Status Report (ECF No. 47 ) and Plaintiff's Letter in response (ECF No. 49 ), the Court concludes that this case should proceed to discovery forthwith. The telephone status conference scheduled for 3/26/2026 at 9:30 AM is CANCELLED. The parties are directed to appear before Judge Lindsay for a Rule 16 conference within 30 days of this Order. The parties are further directed to notify the Court when the Rule 16 conference has been scheduled. Ordered by Judge Joan M. Azrack on 3/25/2026. (TRN)

51 April 16, 2026

MOTION for pre motion conference re: Defendant's motion to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) or, in the alternative, 12(b)(6) by United States of America. (Attachments: # 1 Exhibit A - Cortez - I-352, # 2 Exhibit B - Cortez - I-305) (Zito, Nicole) (Entered: 04/16/2026)

1 Exhibit A - Cortez - I-352

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2 Exhibit B - Cortez - I-305

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52 April 16, 2026

Letter MOTION for Extension of Time to File Joint Letter to Magistrate Judge Lindsay Re Request for Extension of Time to File Rule 26(f) Report by Douglas Cortez. (Narwold, William) (Entered: 04/16/2026)

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53 April 17, 2026

Letter MOTION for Extension of Time to File Letter to Judge Azrack Re Request for Extension of Time by Douglas Cortez. (Narwold, William) (Entered: 04/17/2026)

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April 17, 2026

ORDER granting 52 : The April 23, 2026, conference is adjourned to May 14, 2026, at 11:45 AM. Conference call instructions will be provided in advance of the conference date. The deadline to submit the Rule 26(f) Meeting Plan is extended to May 8, 2026. Ordered by Magistrate Judge Arlene R. Lindsay on 4/17/2026. (RI)

April 17, 2026

ORDER granting 53 Motion for Extension of Time to File. Ordered by Judge Joan M. Azrack on 4/17/2026. (TRN)

54 April 30, 2026

RESPONSE to Motion re [51] MOTION for pre motion conference re: Defendant's motion to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) or, in the alternative, 12(b)(6) filed by All Plaintiffs. (Amanat, Farzin)

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55 May 8, 2026

REPORT of Rule 26(f) Planning Meeting (Narwold, William)

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56 May 12, 2026

MOTION to Appear Pro Hac Vice Charlotte Eleanor Dougherty Filing fee $ 200, receipt number ANYEDC-20210195 by Douglas Cortez. (Attachments: # (1) Affidavit, # (2) SC Certificate of Good Standing, # (3) NC Certificate of Good Standing, # (4) TX Certificate of Good Standing) (Dougherty, Charlotte)

1 Affidavit

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2 SC Certificate of Good Standing

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3 NC Certificate of Good Standing

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4 TX Certificate of Good Standing

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57 May 12, 2026

MOTION to Appear Pro Hac Vice Meghan Shea Blaszak Oliver Filing fee $ 200, receipt number ANYEDC-20210302 by Douglas Cortez. (Attachments: # (1) Affidavit, # (2) DC Certificate of Good Standing, # (3) SC Certificate of Good Standing, # (4) VA Certificate of Good Standing) (Oliver, Meghan)

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58 May 12, 2026

MOTION to Stay discovery pending resolution of Defendant's anticipated motion to dismiss [50] by United States of America. (Zito, Nicole)

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May 13, 2026

ORDER re 56 : The Motion of Charlotte Eleanor Dougherty for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 5/13/2026. (RI)

May 13, 2026

Order(Other)

May 13, 2026

ORDER re 57 : The Motion of Meghan Shea Blaszak Oliver for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 5/13/2026. (RI)

May 13, 2026

ORDER re 57: The Motion of Meghan Shea Blaszak Oliver for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 5/13/2026. (RI)

May 13, 2026

ORDER: With respect to the conference scheduled for May 14, 2026 at 11:45 AM, the conference call instructions are as follows: The parties are directed to dial 571-353-2301 prior to the scheduled time to access the call center. At the prompt enter Meeting ID 865150587. The Host will admit all from the waiting room. If there is a delay, please remain on the line until the Host admits you as the Court may be concluding a prior proceeding. Ordered by Magistrate Judge Arlene R. Lindsay on 5/13/2026. (RI)

59 May 14, 2026

NOTICE of Appearance by Charlotte Eleanor Dougherty on behalf of Douglas Cortez (notification declined or already on case) (Dougherty, Charlotte)

RECAP
60 May 14, 2026

NOTICE of Appearance by Meghan S.B. Oliver on behalf of Douglas Cortez (notification declined or already on case) (Oliver, Meghan)

RECAP
61 May 14, 2026

Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay held on 5/14/2026. Conference held. The parties are directed to file a revised Rule 26(f) meeting plan, which may include a bifurcated/phased schedule for discovery, by May 29, 2026. (RI)

RECAP
62 May 15, 2026

MOTION for Extension of Time to File Response/Reply as to [58] MOTION to Stay discovery pending resolution of Defendant's anticipated motion to dismiss [50] by Douglas Cortez. (Dougherty, Charlotte)

RECAP
May 19, 2026

ORDER granting 62 Motion for Extension of Time to File Response/Reply. The deadline for Plaintiff to respond to 58 motion to stay discovery is extended to May 22, 2026. Ordered by Judge Joan M. Azrack on 5/19/2026. (TRN)

May 19, 2026

ORDER granting 62 Motion for Extension of Time to File Response/Reply. The deadline for Plaintiff to respond to 58 motion to stay discovery is extended to May 22, 2026. Ordered by Judge Joan M. Azrack on 5/19/2026. (TRN)

63 May 22, 2026

RESPONSE in Opposition re [58] MOTION to Stay discovery pending resolution of Defendant's anticipated motion to dismiss [50] filed by Douglas Cortez. (Amanat, Farzin)

RECAP
May 27, 2026

ORDER granting 51 Motion for Pre Motion Conference; denying 58 Motion to Stay. A telephone pre-motion conference is set for 6/30/2026 at 1:00 PM before Judge Joan M. Azrack. Counsel shall dial 571-353-2301 and enter access code 279933568 at the prompt. Defendant's motion to stay discovery is denied. Ordered by Judge Joan M. Azrack on 5/27/2026. (TRN)

Case Details

State / Territory:

New York

Case Type(s):

Immigration and/or the Border

Criminal Justice (Other)

Key Dates

Filing Date: Oct. 29, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A proposed class of individuals and entities nationwide who posted cash delivery bonds with ICE, experienced a cancellation event without prior breach, and have not received refunds for bonds totaling $10,000 or less.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

United States of America

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Other Dockets:

Eastern District of New York 2:24-cv-07532

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Immigration/Border:

Detention - procedures

Recommended Citation