Case: Save Jobs USA v. U.S. Department of Homeland Security

COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4068148) filed by SAVE JOBS USA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Dept Homeland Sec., # 3 Summons Attorney General, # 4 Summons Civil Process Clerk)(Miano, John) (Entered: 04/23/2015)

1 Civil Cover Sheet

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2 Summons US Dept Homeland Sec.

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3 Summons Attorney General

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4 Summons Civil Process Clerk

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MOTION for Preliminary Injunction by SAVE JOBS USA (Attachments: # 1 Appendix, # 2 Affidavit)(Miano, John) (Entered: 04/23/2015)

SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent, # 2 Consent Form) (md, ) (Entered: 04/23/2015)

Case Assigned/Reassigned

Case Assigned to Judge Tanya S. Chutkan. (md, )

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 4/27/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/30/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/28/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 6/27/2015.) (Miano, John) (Entered: 05/01/2015)

NOTICE of Appearance by Glenn M. Girdharry on behalf of All Defendants (Girdharry, Glenn) (Entered: 05/01/2015)

NOTICE of Appearance by Sarah S. Wilson on behalf of All Defendants (Wilson, Sarah) (Entered: 05/01/2015)

NOTICE of Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez) (Entered: 05/02/2015)

Consent MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order granting consent motion requesting 4-day extension of time to file response to Plaintiff's preliminary injunction motion)(Girdharry, Glenn) (Entered: 05/04/2015)

MINUTE ORDER: Per LCvR 65.1(c), Defendant must file its opposition to the 2 Motion for Preliminary Injunction by May 5, 2015. Signed by Judge Tanya S. Chutkan on 5/4/2015. (lctsc2)

Order

.Order

Set/Reset Deadlines: Response due by 5/5/2015 (zsm)

Set/Reset Deadlines

MINUTE ORDER: Granting 8 Motion for Extension of Time to File Response/Reply to 2 MOTION for Preliminary Injunction. Responses due by 5/11/2015. Signed by Judge Tanya S. Chutkan on 5/5/2015. (lctsc2)

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

ENTERED IN ERROR. . . . .REPLY to opposition to motion re 2 MOTION for Preliminary Injunction filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Reuveni, Erez) Modified on 5/12/2015 (ztd, ). (Entered: 05/11/2015)

MOTION to Dismiss for lack of subject matter jurisdiction and failure to state a claim by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2)(Reuveni, Erez) (Entered: 05/11/2015)

Memorandum in opposition to re 2 MOTION for Preliminary Injunction (correcting label for motion, replacing docket entry 9) filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Reuveni, Erez) (Entered: 05/11/2015)

NOTICE OF CORRECTED DOCKET ENTRY: re 9 Reply to opposition to Motion, was entered in error and counsel refiled said pleading as docket entry no. 11 . (td, )

Notice of Corrected Docket Entry

REPLY to opposition to motion re 2 MOTION for Preliminary Injunction filed by SAVE JOBS USA. (Attachments: # 1 Exhibit Washington Alliance of Technology Workers v U.S. Dep't of Homeland Security)(Miano, John) (Entered: 05/15/2015)

MINUTE ORDER: Setting Hearing on 2 MOTION for Preliminary Injunction. Motion Hearing set for 5/21/2015 11:30 AM in Courtroom 2 before Judge Tanya S. Chutkan. Signed by Judge Tanya S. Chutkan on 5/17/2015. (lctsc2)

Order Setting Hearing on Motion

Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 5/21/2015 re 2 MOTION for Preliminary Injunction filed by SAVE JOBS USA. Motion taken under advisement (Court Reporter William Zaremba.) (zsm)

Motion Hearing

MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 5/24/2015. (lctsc2) (Entered: 05/24/2015)

ORDER denying 2 Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 5/24/2015. (lctsc2) (Entered: 05/24/2015)

Order

.Order

VACATED PER MINUTE ORDER DATED 5/28/15.....MINUTE ORDER: The parties must submit a joint proposed briefing schedule for Defendant's pending 10 motion to dismiss by May 29, 2015. Signed by Judge Tanya S. Chutkan on 5/24/2015. (lctsc2) Modified on 5/28/2015 (zsm).

NOTICE of Appearance by Michael Meriwether Hethmon on behalf of SAVE JOBS USA (Hethmon, Michael) (Entered: 05/26/2015)

RESPONSE re 10 MOTION to Dismiss for lack of subject matter jurisdiction and failure to state a claim filed by SAVE JOBS USA. (Attachments: # 1 Exhibit Texas v. United States)(Miano, John) (Entered: 05/26/2015)

NOTICE of Response to Request for Proposed Briefing Schedule by U.S. DEPARTMENT OF HOMELAND SECURITY re Order (Girdharry, Glenn) (Entered: 05/26/2015)

Set/Reset Deadlines: Proposed Briefing Schedule due by 5/29/2015 (zsm)

Set/Reset Deadlines

MINUTE ORDER: In light of the 17 Notice filed by Defendant, the Court's order entered May 24, 2015, requiring the parties to submit a joint proposed briefing schedule is vacated. Defendant's reply is due June 2, 2015. Signed by Judge Tanya S. Chutkan on 5/28/2015. (lctsc2)

Order

.Order

TRANSCRIPT OF MOTION HEARING PROCEEDINGS before Judge Tanya S. Chutkan held on May 21, 2015; Page Numbers: 1-57. Date of Issuance: May 29, 2015. Court Reporter/Transcriber: William Zaremba; Telephone number: (202)354-3249; Court Reporter Email Address: WilliamPZaremba@gmail.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015.(wz) (Entered: 05/29/2015)

REPLY to opposition to motion re 10 MOTION to Dismiss for lack of subject matter jurisdiction and failure to state a claim filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration)(Reuveni, Erez) (Entered: 06/02/2015)

Cross MOTION for Summary Judgment by SAVE JOBS USA (Attachments: # 1 Affidavit, # 2 Appendix)(Miano, John) (Entered: 06/15/2015)

MOTION for Order denying Plaintiff's premature motion for summary judgment without prejudice, or, alternatively, to delay adjudication and further briefing of Plaintiff's summary judgment motion until after resolution of the pending motion to dismiss and submission of the certified administrative record by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Reuveni, Erez) (Entered: 06/17/2015)

Memorandum in opposition to re 21 MOTION for Order denying Plaintiff's premature motion for summary judgment without prejudice, or, alternatively, to delay adjudication and further briefing of Plaintiff's summary judgment motion until after resolution of the pending motio filed by SAVE JOBS USA. (Miano, John) (Entered: 06/22/2015)

REPLY to opposition to motion re 21 MOTION for Order denying Plaintiff's premature motion for summary judgment without prejudice, or, alternatively, to delay adjudication and further briefing of Plaintiff's summary judgment motion until after resolution of the pending motio filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Reuveni, Erez) (Entered: 06/23/2015)

MINUTE ORDER: A telephone conference is scheduled for Wednesday, July 1, 2015 at 1:30pm to address Defendant's 21 motion to deny Plaintiff's motion for summary judgment. No appearances are required. The parties must provide a single land line telephone number at which all the parties can be reached. Briefing on Plaintiff's 20 motion for summary judgment is stayed pending resolution of Defendant's motion to deny. Signed by Judge Tanya S. Chutkan on 6/26/2015. (lctsc2)

Order

.Order

Set/Reset Hearings: Telephone Conference set for 7/1/2015 01:30 PM in Courtroom 2 before Judge Tanya S. Chutkan. (tth)

Set/Reset Hearings

ENTERED IN ERROR.....Set/Reset Hearings: Telephone Conference set for 7/1/2015 at 9:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) Modified on 6/30/2015 (zsm).

Set/Reset Hearings: Telephone Conference set for 7/1/2015 at 1:30 PM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm)

Set/Reset Hearings

Minute Entry for proceedings held before Judge Tanya S. Chutkan: Telephone Conference held on 7/1/2015. Joint Proposed Briefing Schedule due by 7/10/2015. Order to issue. (Court Reporter Bryan Wayne.) (zsm)

Telephone Conference

~Util - Set/Reset Deadlines AND Telephone Conference

Order on Motion for Order AND Order on Motion for Summary Judgment AND Order on Motion to Dismiss

MINUTE ORDER: Denying without prejudice 10 Motion to Dismiss, 20 Motion for Summary Judgment, and 21 Motion for Order, for the reasons stated in open court at the status conference on July 1, 2015. The parties must submit a joint proposed scheduling order by July 10, 2015. Signed by Judge Tanya S. Chutkan on 7/1/2015. (lctsc2)

Order on Motion to Dismiss

STIPULATION re: scheduling by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Reuveni, Erez) (Entered: 07/10/2015)

STIPULATION re scheduling by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Reuveni, Erez) (Entered: 07/15/2015)

MINUTE SCHEDULING ORDER: Defendants shall serve the administrative record on Plaintiff by August 11, 2015. Plaintiff shall file a motion for summary judgment by September 11, 2015. Defendant shall file a combined opposition and cross-motion for summary judgment by October 2, 2015. Plaintiff shall file a combined reply in support of the motion and any opposition to the cross-motion on October 16, 2015. Defendant shall file a reply in support of the cross-motion for summary judgment on October 30, 2015. Plaintiff shall file the Joint Appendix required by Local Rule 7(n)(2) by October 30,2015. Signed by Judge Tanya S. Chutkan on 7/16/15. (DJS)

Order

Scheduling Order AND .Order

Set/Reset Deadlines: Administrative Record due by 8/11/2015.Summary Judgment motions due by 9/11/2015. Response to Motion for Summary Judgment due by 10/2/2015. Reply to Motion for Summary Judgment due by 10/16/2015. Reply in support of cross-motion due by 10/30/2015. Joint Appendix due by 10/30/2015. (zsm)

Set/Reset Deadlines

MOTION for Summary Judgment by SAVE JOBS USA (Attachments: # 1 Appendix, # 2 Affidavit)(Miano, John) (Entered: 09/11/2015)

MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Reuveni, Erez) (Entered: 10/02/2015)

MOTION to Strike 26 MOTION for Summary Judgment Portions of Appendix A (ECF26-1) by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Reuveni, Erez) (Entered: 10/02/2015)

RESPONSE re 28 MOTION to Strike 26 MOTION for Summary Judgment Portions of Appendix A (ECF26-1) filed by SAVE JOBS USA. (Miano, John) (Entered: 10/16/2015)

REPLY to opposition to motion re 26 MOTION for Summary Judgment, 27 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by SAVE JOBS USA. (Miano, John) (Entered: 10/16/2015)

JOINT APPENDIX by SAVE JOBS USA. (Miano, John) (Entered: 10/30/2015)

REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Reuveni, Erez) (Entered: 10/30/2015)

REPLY to opposition to motion re 28 MOTION to Strike 26 MOTION for Summary Judgment Portions of Appendix A (ECF26-1) filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Reuveni, Erez) (Entered: 10/30/2015)

NOTICE OF SUPPLEMENTAL AUTHORITY by SAVE JOBS USA (Attachments: # 1 Exhibit Texas v. United States Fifth Circuit Opinion)(Miano, John) (Entered: 11/16/2015)

RESPONSE re 34 NOTICE OF SUPPLEMENTAL AUTHORITY filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit US v. Texas cert petition)(Reuveni, Erez) (Entered: 11/25/2015)

MEMORANDUM AND OPINION re 26 Plaintiff's Motion for Summary Judgment, 27 Defendant's Motion for Summary Judgment, and 28 Defendant's Motion to Strike. Signed by Judge Tanya S. Chutkan on 9/27/2016. (lctsc2) (Entered: 09/27/2016)

ORDER denying 26 Plaintiff's Motion for Summary Judgment; granting 27 Defendant's Motion for Summary Judgment; and granting in part and denying in part 28 Defendant's Motion to Strike. It is further ORDERED that this case is DISMISSED with prejudice. Signed by Judge Tanya S. Chutkan on 9/27/2016. (lctsc2) (Entered: 09/27/2016)

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 36 Memorandum & Opinion, 37 Order on Motion for Summary Judgment,, Order on Motion to Strike,,, by SAVE JOBS USA. Filing fee $ 505, receipt number 0090-4689579. Fee Status: Fee Paid. Parties have been notified. (Miano, John) (Entered: 09/28/2016)

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 9/28/16 re 38 Notice of Appeal to DC Circuit Court,. (td) (Entered: 09/29/2016)

USCA Case Number 16-5287 for 38 Notice of Appeal to DC Circuit Court, filed by SAVE JOBS USA. (td)

USCA Case Number

USCA Case Number

Case Assigned to Judge Colleen Kollar-Kotelly. (zsb)

MINUTE ORDER: The Court has received Plaintiff Southern Poverty Law Center's Motions for Admission of Attorney Pro Hac Vice with respect to the following individuals: 4 Jeffrey Fisher, 5 Jamila A. Johnson, 6 Natalie Lyons, 7 Maureen A. Sheehy, 8 William E. Dorris, 9 Gia L. Cincone, 10 Susan W. Pangborn, 12 Jared F. Davidson, and 15 Lisa S. Graybill. Those motions are GRANTED CONTINGENT upon submission by each of the aforementioned attorneys of a declaration by APRIL 17, 2018, stating that he or she has reviewed and is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on April 10, 2018. (lcckk1)

NOTICE OF CORRECTED DOCKET ENTRY: re 26 Summons Returned Executed as to US Attorney,, Summons Returned Executed as to U.S. Attorney General, was entered in error and said pleading refiled using the correct event for U.S.Attorney General. (td)

NOTICE OF ERROR re 26 Summons Returned Executed as to US Attorney; emailed to chenel@kilpatricktownsend.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please file document(s) for service upon the U.S. Attorney. (ztd, )

MINUTE ORDER: The Court has received Plaintiff's 32 Motion for a Preliminary Injunction. The Court has arranged a teleconference on the record with the parties on MAY 7, 2018, at 3:00 PM, to discuss a briefing schedule. The Court asks the parties to call Chambers, preferably on the same telephone line. By MAY 7, 2018, at 1:00 PM, the parties shall each file a notice with the Court identifying which of their respective counsel shall participate in the teleconference. Signed by Judge Colleen Kollar-Kotelly on May 4, 2018. (lcckk1)

Set/Reset Hearings: Telephone Conference on the record set for 5/7/2018 at 3:00 PM in Chambers before Judge Colleen Kollar-Kotelly. (dot)

MINUTE ORDER: The Court held a teleconference on the record with the parties on May 7, 2018, regarding Plaintiff's 32 Motion for a Preliminary Injunction. Certain of Plaintiff's detainee clients held in the detention center at issue in this motion have rapidly approaching asylum or immigration hearings. The parties agreed to negotiate regarding a solution for a specific one or more of those detainee clients and potentially a solution to the broader preliminary injunction motion. With the consent of the parties, the Court has scheduled a further teleconference on the record for MAY 9, 2018, at 1:00 PM. If the parties have not negotiated a solution in full to Plaintiff's 32 Motion for a Preliminary Injunction, then they should submit a Joint Status Report by MAY 9, 2018, at 10:00 AM, proposing a briefing schedule for such portion of the 32 Motion as remains to be decided. Signed by Judge Colleen Kollar-Kotelly on May 7, 2018. (lcckk1)

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference held on 5/7/2018. Further Telephone Conference set for 5/9/2018 at 1:00 PM in Chambers before Judge Colleen Kollar-Kotelly. (Court Reporter Lisa Edwards.) (dot)

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 5/9/2018. (Court Reporter Lisa Edwards.) (dot)

Set/Reset Deadlines: Motion for a Preliminary Injunction due by 5/25/2018. Plaintiff's Reply due by 6/1/2018. (dot)

MINUTE ORDER: The Court held a further teleconference on the record with the parties on May 9, 2018, regarding the parties' efforts to negotiate a solution to Plaintiff's 32 Motion for a Preliminary Injunction. The parties have reached an agreement as to protocol governing Plaintiff's Nigerian client with a May 17, 2018, asylum hearing. They are still discussing a protocol to govern Plaintiff's other clients held in the detention center at issue. The parties shall notify the Court with a Joint Status Report if and when they reach agreement as to these other clients.If they have not already reached agreement, Defendants shall file their response to Plaintiff's 32 Motion for a Preliminary Injunction by MAY 25, 2018, and Plaintiff shall file a reply by JUNE 1, 2018. Signed by Judge Colleen Kollar-Kotelly on May 10, 2018. (lcckk1)

MINUTE ORDER: The Court has received the parties' 37 Joint Motion to Refer the Case to Mediation and for Enlargement of the Briefing Schedule. The parties indicate that they have made "substantial progress" in negotiating a solution to Plaintiff's 32 Motion for a Preliminary Injunction pending resolution of Plaintiff's claims on the merits. The parties nevertheless seek referral to Chief Circuit Mediator Carolyn Lerner for assistance in resolving two issues, namely 1) Plaintiff's request for additional attorney-client meeting space in the facility at issue, and 2) Plaintiff's request for accommodations to facilitate remote interpretation services during in-person attorney-client meetings in the facility at issue. The parties seek to postpone briefing of Plaintiff's 32 Motion for a Preliminary Injunction until after completion of this mediation.For good cause shown, the Court shall GRANT-IN-PART and DENY-IN-PART the parties' 37 Joint Motion. The Court shall issue a separate order referring the resolution of the above-described two issues to mediation as the parties have requested. The parties had proposed extending the deadlines for Defendants' opposition and Plaintiff's reply. The Court is of the view that establishing extended deadlines for further pleadings as to Plaintiff's 32 Motion for a Preliminary Injunction is premature based on the potential for mediation to resolve that motion. Accordingly, the Court shall HOLD IN ABEYANCE Plaintiff's 32 Motion for a Preliminary Injunction pending resolution of mediation. The parties shall file a Joint Status Report by no later than JULY 18, 2018, indicating the results of mediation and proposing a schedule for further proceedings in this matter.In light of mediation that may substantially affect proceedings in this case, the Court shall sua sponte STAY Defendants' obligation to answer or otherwise respond to Plaintiff's 1 Complaint until further order of the Court.Signed by Judge Colleen Kollar-Kotelly on May 30, 2018. (lcckk1)

Set/Reset Deadlines: Mediation to commence on 6/6/2018, and to conclude by 7/13/2018 before Chief Circuit Mediator Carolyn Lerner. (dot)

Set/Reset Deadlines: Joint Status Report due by 7/18/2018. (dot)

MINUTE ORDER: The Court has received the parties' 39 Joint Motion Requesting Extension of Time to File Joint Status Report. The parties indicate that they have been working with the mediators and are close to achieving a final resolution of Plaintiff's 32 Motion for a Preliminary Injunction. They seek additional time to submit their Joint Status Report currently due July 18, 2018, in order to achieve such resolution beforehand. Accordingly, notwithstanding the tardiness of this motion pursuant to Paragraph 7 of the Court's 25 Order Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly, the Court shall GRANT the parties' 39 Joint Motion, for good cause shown. The parties shall submit a Joint Status Report by JULY 26, 2018, indicating the results of mediation and proposing a schedule for any further proceedings in this matter. In order to facilitate continued work with the mediator, the Court shall continue the referral of this case to the Chief Circuit Mediator pursuant to the Court's 38 Order until JULY 26, 2018. Signed by Judge Colleen Kollar-Kotelly on July 18, 2018. (lcckk1)

Set/Reset Deadlines: Joint Status Report due by 7/26/2018. (dot)