Case: Orellana Castaneda v. U.S. Department of Homeland Security

Orellana Castaneda v. County of Suffolk

Orellana Castaneda v. County of Suffolk

Orellana Castaneda v. County of Suffolk

COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Joaquin Orellana Castaneda. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons Matthew T. Albence, # 3 Proposed Summons Steven Bellone, # 4 Proposed Summons County of Suffolk, # 5 Proposed Summons Vincent F. Demarco, # 6 Proposed Summons Elaine C. Duke, # 7 Proposed Summons Thomas D. Homan, # 8 Proposed Summons U.S. Department of Homeland Security, # 9 Proposed Summons John F. Kelly, # 10 Proposed Summons Suffolk County Sheriff's Office, # 11 Proposed Summons U.S. Immigration and Customs Enforcement, # 12 Exhibit Bail Receipt, # 13 Exhibit Detainer and I-200 Administrative Warrant, # 14 Exhibit Second I-200 Warrant, # 15 Exhibit Sheriff's Association Report and Analysis, # 16 Exhibit New York State Attorney General's Report) (Kanellopoulos, John) (Entered: 07/19/2017)

1 Civil Cover Sheet

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2 Proposed Summons Matthew T. Albence

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3 Proposed Summons Steven Bellone

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4 Proposed Summons County of Suffolk

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5 Proposed Summons Vincent F. Demarco

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6 Proposed Summons Elaine C. Duke

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7 Proposed Summons Thomas D. Homan

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8 Proposed Summons U.S. Department of Homeland Security

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9 Proposed Summons John F. Kelly

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10 Proposed Summons Suffolk County Sheriff's Office

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11 Proposed Summons U.S. Immigration and Customs Enforcement

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12 Exhibit Bail Receipt

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13 Exhibit Detainer and I-200 Administrative Warrant

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14 Exhibit Second I-200 Warrant

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15 Exhibit Sheriff's Association Report and Analysis

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16 Exhibit New York State Attorney General's Report

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FILING FEE: $ 400.00, receipt number 0207-9688722. (Kanellopoulos, John)

Incorrect Entry Information; One defendant was missing from the docket sheet; The party has been added and the complaint has been deleted and re-entered to include the additional defendant. (Kanellopoulos, John)

Filing Fee Received

Proposed summonses are rejected; the caption on each summons does not match the caption of the complaint; the Clerk's Office cannot issue the summonses with an incorrect caption; Counsel is advised to submit completed proposed summonses using the event Proposed Summons/Civil Cover Sheet. (Kanellopoulos, John)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Kanellopoulos, John) (Entered: 07/19/2017)

Case Assigned to Judge Joseph F. Bianco 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. (Kanellopoulos, John)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Kanellopoulos, John) (Entered: 07/19/2017)

Proposed Summons. Re 1 Complaint,,, by Joaquin Orellana Castaneda (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Proposed Summons) (Badini, Aldo) (Entered: 07/19/2017)

1 Proposed Summons

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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5 Proposed Summons

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6 Proposed Summons

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7 Proposed Summons

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8 Proposed Summons

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9 Proposed Summons

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Summons Issued as to Matthew T. Albence, Elaine C. Duke, Thomas D. Homan, John F. Kelly, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Duke, # 2 Immigration, # 3 Homan, # 4 Albence) (Bollbach, Jean) (Entered: 07/20/2017)

1 Duke

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2 Immigration

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3 Homan

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4 Albence

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Summons Issued as to Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office. (Attachments: # 1 Bellone, # 2 Sheriff's Office, # 3 Demarco) (Bollbach, Jean) (Entered: 07/20/2017)

1 Bellone

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2 Sheriff's Office

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3 Demarco

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NOTICE of Appearance by Erez Reuveni on behalf of Matthew T. Albence, Elaine C. Duke, Thomas D. Homan, John F. Kelly, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (aty to be noticed) (Reuveni, Erez) (Entered: 07/20/2017)

NOTICE of Appearance by Joseph Anthony Marutollo on behalf of Matthew T. Albence, Elaine C. Duke, Thomas D. Homan, John F. Kelly, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (aty to be noticed) (Marutollo, Joseph) (Entered: 07/20/2017)

Summons Issued as to U.S. Department of Homeland Security (Bollbach, Jean) (Entered: 07/24/2017)

NOTICE of Appearance by Megan E. O'Donnell on behalf of Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office (aty to be noticed) (O'Donnell, Megan) (Entered: 08/09/2017)

Letter MOTION for Extension of Time to File Answer or Otherwise Request Permission to Move by Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office. (O'Donnell, Megan) Modified on 8/10/2017 (Imrie, Robert). (Entered: 08/09/2017)

ORDER re 11 : The time for Steven Bellone; County of Suffolk; Vincent F. DeMarco and Suffolk County Sheriff's Office to answer move or otherwise respond to the complaint is extended to and including September 29, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 8/10/2017. c/ecf (Imrie, Robert)

Order on Motion for Extension of Time to Answer

AMENDED COMPLAINT and PETITION FOR WRIT OF HABEAS CORPUS, against Matthew T. Albence, Steven Bellone, County of Suffolk, Vincent F. DeMarco, Elaine C. Duke, Thomas D. Homan, Suffolk County Sheriff's Office, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, and other individuals in charge to be identified, Secretary, U.S. Department of Homeland Security, filed by Joaquin Orellana Castaneda, German Hernandez Argueta. (Badini, Aldo) (Entered: 08/18/2017)

MEMORANDUM in Support re 12 Amended Complaint, and Petition for Writ of Habeas Corpus, filed by German Hernandez Argueta. (Badini, Aldo) (Entered: 08/18/2017)

MOTION for pre motion conference by Matthew T. Albence, Elaine C. Duke, Thomas D. Homan, John F. Kelly, Secretary, U.S. Department of Homeland Security, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Reuveni, Erez) (Entered: 09/26/2017)

Order on Motion for Pre Motion Conference

ORDER granting 14 Motion for Pre Motion Conference. The Court has received the Federal Defendants' letter requesting a pre-motion conference in anticipation of moving to dismiss the complaint. IT IS HEREBY ORDERED that all parties shall participate in a telephone pre-motion conference on Thursday, October 5, 2017 at 4:15 p.m. At that time, counsel for the Federal Defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. Prior to the date of the conference, plaintiffs may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/26/2017. (Zbrozek, Alex)

Consent MOTION to Adjourn Conference until a time convenient for the Court on October 12 after 2:30 p.m. or October 13 after 11 a.m. by Matthew T. Albence, Elaine C. Duke, Thomas D. Homan, John F. Kelly, Secretary, U.S. Department of Homeland Security, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Marutollo, Joseph) (Entered: 09/26/2017)

ORDER granting 15 Motion to Adjourn Conference. IT IS HEREBY ORDERED that the pre-motion conference is adjourned, upon the Federal Defendants' request and with all parties' consent, to Thursday, October 12, 2017 at 3:45 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/27/2017. (Zbrozek, Alex)

Order on Motion to Adjourn Conference

Letter MOTION for pre motion conference by Steven Bellone, County of Suffolk, Vincent F. DeMarco. (O'Donnell, Megan) (Entered: 09/29/2017)

ORDER granting 16 Motion for Pre Motion Conference. The Court has received the County Defendants' letter requesting a pre-motion conference in anticipation of moving to dismiss the complaint. IT IS HEREBY ORDERED that the request is granted and that the County Defendants' proposed motion will be discussed at the pre-motion conference scheduled for Thursday, October 5, 2017. Prior to the date of the conference, plaintiffs may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/2/2017. (Zbrozek, Alex)

Order on Motion for Pre Motion Conference

Scheduling Order

SCHEDULING ORDER: For clarity, the pre-motion conference regarding the Federal Defendants' and the County Defendants' proposed motions is scheduled for Thursday, October 12, 2017 at 3:45 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/2/2017. (Zbrozek, Alex)

RESPONSE in Opposition re 14 MOTION for pre motion conference filed by German Hernandez Argueta, Joaquin Orellana Castaneda. (Badini, Aldo) (Entered: 10/10/2017)

RESPONSE in Opposition re 16 Letter MOTION for pre motion conference filed by German Hernandez Argueta, Joaquin Orellana Castaneda. (Badini, Aldo) (Entered: 10/10/2017)

SCHEDULING ORDER: Due to a conflict in the Court's calendar, IT IS HEREBY ORDERED that the pre-motion conference scheduled for Thursday, October 12, 2017 at 3:45 p.m. is adjourned to Thursday, October 12, 2017 at 2:45 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/11/2017. (Zbrozek, Alex)

Scheduling Order

Joint MOTION to Stay discovery pending resolution of Defendants' motions to dismiss by Matthew T. Albence, Elaine C. Duke, Thomas D. Homan, John F. Kelly, Secretary, U.S. Department of Homeland Security, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 30(b)(6) notice to federal defendants, # 2 Exhibit Interrogatories to federal defendants, # 3 Exhibit RFAs to federal defendants, # 4 Exhibit RFPs to federal defendants, # 5 Exhibit 30(b)(6) notice to county defendants, # 6 Exhibit Interrogatories to county defendants, # 7 Exhibit RFAs to county defendants, # 8 Exhibit RFPs to county defendants) (Reuveni, Erez) (Entered: 10/11/2017)

Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 10/12/2017, MOTION TO BE FILED BY 11/9/2017 ;RESPONSE BY 12/7/2017 ; REPLY BY 12/21/2017( ORAL ARGUMENT set for 1/5/2018 01:30 PM in Courtroom 1020 before Judge Joseph F. Bianco.) (FTR Log #3:07-3:22.) (Bollbach, Jean) (Entered: 10/13/2017)

ORDER granting 19 Motion to Stay. Ordered by Judge Joseph F. Bianco on 10/13/2017. (Bollbach, Jean) (Entered: 10/16/2017)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 12, 2017, before Judge Joseph F. Bianco. Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2017. Redacted Transcript Deadline set for 11/24/2017. Release of Transcript Restriction set for 1/22/2018. (Kanellopoulos, John) (Entered: 10/24/2017)

Notice of Motion to Dismiss for Failure to State a Claim by Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office. (Attachments: # 1 Affidavit in Support, # 2 Exhibit A-Amended Summons & Complaint, # 3 Exhibit B-Hernandez Detainer, # 4 Exhibit C-Discharge book Orellana, # 5 Exhibit D-Orellana detainer, # 6 Exhibit E-Hernandez discharge notification, # 7 Exhibit F-Orellana discharge notification, # 8 Memorandum in Opposition in Support of Motion to Dismiss) (O'Donnell, Megan) (Attachment 8 replaced on 11/9/2017) (Florio, Lisa). (Entered: 11/09/2017)

1 Affidavit in Support

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2 Exhibit A-Amended Summons & Complaint

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3 Exhibit B-Hernandez Detainer

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4 Exhibit C-Discharge book Orellana

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5 Exhibit D-Orellana detainer

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6 Exhibit E-Hernandez discharge notification

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7 Exhibit F-Orellana discharge notification

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8 Memorandum in Opposition in Support of Motion to Dismiss

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Notice of MOTION to Dismiss Pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6) by Matthew T. Albence, Elaine C. Duke, Thomas D. Homan, John F. Kelly, Secretary, U.S. Department of Homeland Security, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 12/7/2017 (Attachments: # 1 Memorandum in Support, # 2 Declaration Declaration of Joseph Marutollo, # 3 Exhibit Ex. A, # 4 Exhibit Ex. B, # 5 Exhibit Ex. C, # 6 Exhibit Ex. D, # 7 Exhibit Ex. E, # 8 Exhibit Ex. F, # 9 Exhibit Ex. G, # 10 Exhibit Ex. H, # 11 Exhibit Ex. I, # 12 Exhibit Ex. J, # 13 Exhibit Ex. K, # 14 Exhibit Ex. L, # 15 Exhibit Ex. M, # 16 Exhibit Ex. N, # 17 Exhibit Ex. O, # 18 Exhibit Ex. P, # 19 Exhibit Ex. Q, # 20 Exhibit Ex. R, # 21 Exhibit Ex. S, # 22 Exhibit Ex. T, # 23 Exhibit Ex. U, # 24 Exhibit Ex. V, # 25 Proposed Order) (Reuveni, Erez) (Entered: 11/09/2017)

1 Memorandum in Support

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2 Declaration Declaration of Joseph Marutollo

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3 Exhibit Ex. A

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4 Exhibit Ex. B

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5 Exhibit Ex. C

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6 Exhibit Ex. D

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7 Exhibit Ex. E

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8 Exhibit Ex. F

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9 Exhibit Ex. G

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10 Exhibit Ex. H

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11 Exhibit Ex. I

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12 Exhibit Ex. J

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13 Exhibit Ex. K

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14 Exhibit Ex. L

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15 Exhibit Ex. M

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16 Exhibit Ex. N

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17 Exhibit Ex. O

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18 Exhibit Ex. P

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19 Exhibit Ex. Q

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20 Exhibit Ex. R

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21 Exhibit Ex. S

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22 Exhibit Ex. T

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23 Exhibit Ex. U

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24 Exhibit Ex. V

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25 Proposed Order

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Letter re suggestion of mootness by Matthew T. Albence, Elaine C. Duke, Thomas D. Homan, John F. Kelly, Secretary, U.S. Department of Homeland Security, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Attachments: # 1 Declaration Declaration of Francis Kemp) (Reuveni, Erez) (Entered: 12/05/2017)

Consent MOTION for Extension of Time to File - Request for Revised Briefing Schedule and Request for Adjournment of Oral Argument by Elaine C. Duke, Thomas D. Homan, John F. Kelly, Secretary, U.S. Department of Homeland Security, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Marutollo, Joseph) (Entered: 12/06/2017)

Order on Motion for Extension of Time to File

Letter joining Federal defendants in suggestion of mootness by Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office (Attachments: # 1 Declaration of Sheriff Demarco) (O'Donnell, Megan) (Entered: 12/06/2017)

ORDER granting 26 Motion for Extension of Time to File. By letter dated December 6, 2017, Federal defendants request the Court's endorsement of their proposed revised briefing schedule and an adjournment of the oral argument currently scheduled for January 5, 2018, sine die. Plaintiffs and Suffolk defendants consent to these requests. IT IS HEREBY ORDERED that Federal defendants' request for a revised briefing schedule is granted, and the parties shall abide by the following briefing schedule: plaintiffs shall respond or inform the Court that they will seek to file a second amended and/or supplemental complaint by December 28, 2017; Federal defendants and Suffolk defendants shall each file a reply or respond, if necessary, to plaintiffs' request to file a second amended and/or supplemental complaint by January 11, 2018. IT IS FURTHER ORDERED that the oral argument currently scheduled for January 5, 2018 is adjourned, sine die. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/6/2017. (Baum, Sabrina)

Letter MOTION for Extension of Time to File letter to inform the Court as to whether Plaintiffs will seek to file a second amended complaint or supplemental complaint, or alternatively, to respond to Defendant's motion to dismiss, by German Hernandez Argueta, Joaquin Orellana Castaneda. (Badini, Aldo) (Entered: 12/28/2017)

Consent MOTION to Dismiss action as to Defendants U.S. Department of Homeland Security (DHS), DHS Secretary Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), ICE Acting Director Thomas D. Homan, and ICE Executive Associate Director Matthew T. Albence, without prejudice, by German Hernandez Argueta, Joaquin Orellana Castaneda. (Ciavarella, Margaret) (Entered: 12/28/2017)

ORDER granting 28 Motion for Extension of Time to File. By letter dated December 28, 2017, counsel for plaintiffs (i) advised the Court that they have reached an agreement in principle with the federal defendants to dismiss them from the action, without prejudice; and (ii) requested a thirty (30) day extension of time to respond to the Suffolk County defendants' motion to dismiss or inform the Court that plaintiffs will seek to file a second amended and/or supplemental complaint. IT IS HEREBY ORDERED that, on consent, counsel for plaintiffs' request for an extension is granted. Plaintiffs shall respond or inform the Court that they will seek to file a second amended and/or supplemental complaint by January 29, 2018; Suffolk County defendants shall file a reply or respond, if necessary, to plaintiffs' request to file a second amended and/or supplemental complaint by February 12, 2018. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/18/2017. (Kuhn, Alyssa)

ORDER granting 29 Motion to Dismiss action as to all the Federal Defts. without prejudice. Clerk directed to terminate Federal Defts from this action.. Ordered by Judge Joseph F. Bianco on 1/2/2018. (Bollbach, Jean) (Entered: 01/03/2018)

NOTICE of Appearance by Leonard G. Kapsalis on behalf of Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office (aty to be noticed) (Kapsalis, Leonard) (Entered: 01/25/2018)

Order on Motion for Extension of Time to File

Letter MOTION to Withdraw as Attorney by Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office. (Kapsalis, Leonard) (Entered: 01/25/2018)

Letter MOTION for Extension of Time to File letter to inform the Court as to whether Plaintiffs will seek to file a second amended complaint or supplemental complaint, or alternatively, to respond to Defendant's motion to dismiss, on consent, by German Hernandez Argueta, Joaquin Orellana Castaneda. (Badini, Aldo) (Entered: 01/25/2018)

ORDER granting 33 Motion for Extension of Time to File. By letter dated January 25, 2018, plaintiffs request an extension of time to respond to the motion to dismiss or inform the Court that they will seek to file a second amended and/or supplemental complaint, and propose a revised schedule for the forthcoming submissions. IT IS HEREBY ORDERED that, on consent, plaintiffs' request is granted, and the revised schedule is as follows: (1) plaintiffs' deadline is extended to February 28, 2018, and (2) defendants' deadline to file a reply or respond is extended to March 14, 2018. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/25/2018. (Baum, Sabrina)

ORDERED Megan O'Donnell is terminated from the docket and all future notices. Ordered by Judge Joseph F. Bianco on 1/25/2018. (Bollbach, Jean) (Entered: 01/26/2018)

NOTICE of Appearance by Leonard G. Kapsalis on behalf of Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office (notification declined or already on case) (Kapsalis, Leonard) (Entered: 01/26/2018)

Order on Motion to Withdraw as Attorney

ORDER granting 32 Motion to Withdraw as Attorney. Attorney Megan E. O'Donnell terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 1/26/2018. c/ecf (Imrie, Robert)

Consent MOTION to Amend/Correct/Supplement 12 Amended Complaint, by German Hernandez Argueta, Joaquin Orellana Castaneda. (Badini, Aldo) (Entered: 02/28/2018)

Order on Motion to Amend/Correct/Supplement

ORDER granting 36 Motion to Amend/Correct/Supplement. The Court has received plaintiffs' letter requesting a deadline of May 29, 2018 to file a second amended and/or supplemental complaint. IT IS HEREBY ORDERED THAT, on consent, plaintiffs shall file a second amended and/or supplemental complaint by no later than May 29, 2018. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/28/2018. (Baum, Sabrina)

AMENDED COMPLAINT against Steven Bellone, County of Suffolk, Suffolk County Sheriff's Office, and other individuals in charge to be identified, Errol Toulon, Jr., filed by Joaquin Orellana Castaneda, German Hernandez Argueta. (Attachments: # 1 Exhibit A - bail receipt, # 2 Exhibit B - Orellana detainer and I-200 administrative warrant, # 3 Exhibit C - second I-200 administrative warrant, # 4 Exhibit D - Hernandez detainer, # 5 Exhibit E - Hernandez I-200 administrative warrant, # 6 Exhibit F - Sheriffs' Association Report and analysis, # 7 Exhibit G - New York State Attorney General's report) (Badini, Aldo) (Entered: 05/29/2018)

1 Exhibit A - bail receipt

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2 Exhibit B - Orellana detainer and I-200 administrative warrant

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3 Exhibit C - second I-200 administrative warrant

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4 Exhibit D - Hernandez detainer

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5 Exhibit E - Hernandez I-200 administrative warrant

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6 Exhibit F - Sheriffs' Association Report and analysis

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7 Exhibit G - New York State Attorney General's report

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Letter MOTION for pre motion conference by Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office, Errol Toulon, Jr.. (Kapsalis, Leonard) (Entered: 06/11/2018)

ORDER granting 38 Motion for Pre Motion Conference. The Court has received defendants' letter requesting a pre-motion conference in anticipation of filing a motion to dismiss the Second Amended Complaint. Given that the Court held a conference in advance of defendants filing the motion to dismiss the First Amended Complaint, and that defendants represent that their arguments in this motion will be substantially the same as in their prior motion, the Court waives the pre-motion conference requirement. IT IS HEREBY ORDERED that the parties shall abide by the following briefing schedule: defendants shall submit their motion by July 12, 2018, plaintiffs shall submit their opposition by August 13, 2018; and defendants shall submit their reply by August 27, 2018. Oral argument is scheduled for September 7, 2018 at 1:15 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/12/2018. (Baum, Sabrina)

Letter MOTION for Extension of Time to File Motion to Dismiss by Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office, Errol Toulon, Jr.. (Kapsalis, Leonard) (Entered: 07/11/2018)

ORDER granting 39 Motion for Extension of Time to File. The Court has received defendants' letter requesting a modification of the briefing schedule set on June 12, 2018 for their motion to dismiss the Second Amended Complaint. IT IS HEREBY ORDERED that, on consent, the modified briefing schedule is as follows: defendants' motion is to be filed by August 9, 2018; plaintiffs' opposition is to be filed by September 28, 2018; and defendants' reply is to be filed by October 12, 2018. Oral argument is set for October 22, 2018, at 1:15 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/13/2018. (Baum, Sabrina)

Notice of Motion to Dismiss for Failure to State a Claim by Steven Bellone, County of Suffolk, Suffolk County Sheriff's Office, Errol Toulon, Jr.. (Attachments: # 1 Declaration in Support of Motion to Dismiss, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Memorandum in Support of Motion to Dismiss) (Kapsalis, Leonard) (Entered: 08/09/2018)

MOTION to Withdraw as Attorney Margaret Ciavarella MacLean, by German Hernandez Argueta, Joaquin Orellana Castaneda. (Attachments: # 1 Declaration of Margaret Ciavarella MacLean, # 2 Proposed Order) (Badini, Aldo) (Entered: 09/06/2018)

ORDER granting 41 Motion to Withdraw as Attorney. Attorney Margaret Kernan Ciavarella terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 9/7/2018. c/ecf (Imrie, Robert)

NOTICE of Appearance by Esperanza Segarra on behalf of All Plaintiffs (aty to be noticed) (Segarra, Esperanza) (Entered: 09/25/2018)

NOTICE of Appearance by Erez Reuveni on behalf of United States (aty to be noticed) (Reuveni, Erez) (Entered: 09/25/2018)

MEMORANDUM in Support Statement of Interest of the United States Pursuant to 28 U.S.C. 517 filed by United States. (Attachments: # 1 Declaration) (Reuveni, Erez) (Entered: 09/25/2018)

MEMORANDUM in Opposition re 40 Notice of Motion to Dismiss for Failure to State a Claim filed by German Hernandez Argueta, Joaquin Orellana Castaneda. (Attachments: # 1 Exhibit 1 - Letter dated December 11, 2017) (Badini, Aldo) (Entered: 09/28/2018)

Letter MOTION for Extension of Time to File Response/Reply as to 44 Memorandum in Support, and to adjourn oral argument, on consent, by German Hernandez Argueta, Joaquin Orellana Castaneda. (Badini, Aldo) (Entered: 09/28/2018)

ORDER granting 46 Motion for Extension of Time to File Response/Reply. The Court has received plaintiffs' letter requesting an extension of time to respond to the government's brief with a supplemental letter, and requesting that the oral argument be adjourned. IT IS HEREBY ORDERED that, on consent, plaintiffs shall submit their letter by October 29, 2018, and the oral argument scheduled for October 22, 2018 is rescheduled to November 9, 2018, at 2:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/28/2018. (Baum, Sabrina)

Letter MOTION for Extension of Time to File Response/Reply by Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office, Errol Toulon, Jr.. (Kapsalis, Leonard) (Entered: 10/10/2018)

ORDER granting 47 Motion for Extension of Time to File Response/Reply. The Court has received defendants' letter requesting an extension of time to respond to plaintiffs' opposition to the motion to dismiss. IT IS HEREBY ORDERED that, on consent, defendants shall submit their opposition by October 19, 2018. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/10/2018. (Baum, Sabrina)

Letter respectfully requesting that the United States participate in the November 9 oral argument by United States (Marutollo, Joseph) (Entered: 10/15/2018)

REPLY in Support of Motion to Dismiss filed by Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office, Errol Toulon, Jr.. (Kapsalis, Leonard) (Entered: 10/19/2018)

SCHEDULING ORDER: The Court concludes that the United States has a substantial interest in the central question in this case and can participate in the oral argument on November 9, 2018. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/22/2018. (Baum, Sabrina)

Letter in response to Order dated October 22, 2018, by German Hernandez Argueta, Joaquin Orellana Castaneda (Badini, Aldo) (Entered: 10/22/2018)

SCHEDULING ORDER: The Court has received plaintiffs' letter requesting that amici be granted time to participate in the oral argument scheduled for November 9, 2018, and that the Court adjourn the oral argument to permit amici time to prepare and submit a brief in support of plaintiffs' position. IT IS HEREBY ORDERED that, on consent, plaintiff's request that amici be permitted time to participate in the oral argument is granted, and the oral argument is adjourned to December 14, 2018, at 2:30 p.m. to allow amici time to submit a brief in support of plaintiffs' position. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/24/2018. (Baum, Sabrina)

MEMORANDUM in Opposition re 44 Memorandum in Support (Supplemental Letter in response to Statement of Interest of the United States pursuant to 28 U.S.C. 517), filed by German Hernandez Argueta, Joaquin Orellana Castaneda. (Attachments: # 1 Exhibit A - AG Memo (Appellate Division, Second Department)) (Badini, Aldo) (Entered: 10/29/2018)

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MOTION for Leave to File Document by Professors and Immigration Civil Rights Organizations. (Attachments: # 1 Proposed Brief of Amici Curiae, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Nash, Lindsay) (Entered: 11/05/2018)

Amicus Curiae APPEARANCE entered by Lindsay Nash on behalf of Professors and Immigration Civil Rights Organizations (Nash, Lindsay) (Entered: 11/05/2018)

Amicus Curiae APPEARANCE entered by Scott A. Eisman on behalf of New York State Attorney General (Eisman, Scott) (Entered: 11/07/2018)

First MOTION for Leave to File Document Brief Amicus Curiae by New York State Attorney General. (Eisman, Scott) (Entered: 11/07/2018)

ORDER granting 52 Motion for Leave to File. The Court is in receipt of Professors and Immigration-Focused Civil Rights Organizations request to participate in this case as amici curiae. IT IS HEREBY ORDERED that the Court shall accept applicants' brief in support of plaintiffs' position and permit their participation in oral argument scheduled for December 14, 2018. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/15/2018. (Clarke, Molly)

ORDER granting 55 Motion for Leave to File. The Court is in receipt of New York State Attorney General's request to participate in this case as amicus curiae. IT IS HEREBY ORDERED that the Court shall accept applicant's brief in support of plaintiffs' position and permit their participation in oral argument scheduled for December 14, 2018. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/15/2018. (Clarke, Molly)

Letter to Hon. Joseph F. Bianco from Aldo A. Badini, dated November 19, 2018, re: Supplemental authority and request for judicial notice of statements, in connection with Defendants' motion to dismiss, by German Hernandez Argueta, Joaquin Orellana Castaneda (Attachments: # 1 Exhibit A - Decision, # 2 Exhibit B - Newsday article) (Badini, Aldo) (Entered: 11/19/2018)

NOTICE of Appearance by Francesca Genova on behalf of United States (aty to be noticed) (Genova, Francesca) (Entered: 12/07/2018)

NOTICE by United States re 44 Memorandum in Support - Notice of Corrected Statement of Interest and Declaration (Attachments: # 1 Exhibit A, Corrected Statement of Interest of the United States, # 2 Exhibit B, Corrected Declaration of Jacob Antoninis) (Genova, Francesca) (Entered: 12/07/2018)

Joint MOTION to Continue oral argument on motion to dismiss, currently scheduled for December 14, 2018, by German Hernandez Argueta, Joaquin Orellana Castaneda. (Badini, Aldo) (Entered: 12/09/2018)

Order on Motion to Continue

ORDER granting 59 Motion to Continue. The Court has received plaintiff's letter requesting that the oral argument scheduled for Friday, December 14, 2018 be adjourned for at least thirty (30) days. IT IS HEREBY ORDERED, on consent, that plaintiff's request is granted and oral argument on the pending motion to dismiss is adjourned to Thursday, January 17, 2019 at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/10/2018. (Clarke, Molly)

SCHEDULING ORDER: Due to a conflict in the Court's calendar, IT IS HEREBY ORDERED that the oral argument previously scheduled for Thursday, January 17 at 4:30 p.m. is re-scheduled to Wednesday, February 6 at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/3/2019. (Clarke, Molly)

NOTICE of Appearance by Brian C. Mitchell on behalf of Steven Bellone, County of Suffolk, Vincent F. DeMarco, Suffolk County Sheriff's Office, Errol Toulon, Jr. (aty to be noticed) (Mitchell, Brian) (Entered: 01/04/2019)

Consent MOTION to Continue oral argument on Defendants' motion to dismiss currently scheduled for February 6, 2019, by German Hernandez Argueta, Joaquin Orellana Castaneda. (Badini, Aldo) (Entered: 01/25/2019)

ORDER granting 61 Motion to Continue. The Court has received plaintiff's letter dated January 25, 2019, requesting that the oral argument scheduled for February 6, 2019 be adjourned in light of pending settlement negotiations. IT IS HEREBY ORDERED that plaintiff's request is granted, and oral argument is adjourned sine die, on consent. Plaintiff's counsel shall file a status report with the Court on or before March 1, 2019. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/29/2019. (Clarke, Molly)