Case: Zambrano v. INS

Zambrano v. Immigration & Naturalization Service

U.S. Court of Appeals for the Ninth Circuit

Immigration and Naturalization Service v. Zambrano

Supreme Court of the United States

Zambrano v. I.N.S.

U.S. Court of Appeals for the Ninth Circuit

Zambrano v. Immigration and Nationalization Service

U.S. Court of Appeals for the Ninth Circuit

Zambrano v. Immigration and Naturalization Service

U.S. Court of Appeals for the Ninth Circuit

Zambrano v. Immigration and Naturalization Services

U.S. Court of Appeals for the Ninth Circuit

Zambrano v. Immigration and Naturalization Services

U.S. Court of Appeals for the Ninth Circuit

CERTIFIED COPY of Appellate Court Order: appellants' motion for voluntary dismissal fo these appeals under FRAP 42(b) is granted (old) (Entered: 09/30/1991)

COPY of Appellate Court Order: JPltf's motion to file 63-page answer/opening brief is granted (old) (Entered: 10/17/1991)

CLERK'S record on appeal transmitted to Circuit; Original case file and certified copy of docket mailed to Circuit. (cc: all counsel) (old) (Entered: 01/13/1992)

RECEIPT from Court of Appeals for Ninth Circuit for record on appeal (old) (Entered: 01/17/1992)

RECORD on appeal returned from U.S. Court of Appeals (old) (Entered: 10/08/1992)

CERTIFIED COPY of Appellate Court Order: AFFIRMING the judgment of said District Court (old) (Entered: 11/12/1992)

NOTICE OF MOTION AND MOTION by plaintiff Jorge Perdoma, plaintiff Martha Ozuna, plaintiff Andrea Ruiz, plaintiff Graciela Lopez, plaintiff Margarita Rodriguez, plaintiff Marta Zambrano for contempt , for sanctions , to compel further compliance ; motions to be heard 9:00 on 7/23/93 by Judge Edward J Garcia (old) (Entered: 06/25/1993)

MEMORANDUM by plaintiff Jorge Perdoma, plaintiff Martha Ozuna, plaintiff Andrea Ruiz, plaintiff Graciela Lopez, plaintiff Margarita Rodriguez, plaintiff Marta Zambrano in support of motion for contempt [162-1], of motion for sanctions [162-2], of motion to compel further compliance [162-3] (old) (Entered: 06/25/1993)

DECLARATION of Vibiana Andrade In Support Of motion for contempt [162- 1], motion for sanctions [162-2], motion to compel further compliance [162-3] (old) (Entered: 06/25/1993)

DECLARATION of Pauline Gee In Support Of motion for contempt [162-1], motion for sanctions [162-2], motion to compel further compliance [162-3] (old) (Entered: 06/25/1993)

LODGED proposed order on plaintiff's motion for contempt, sanctions, and for further compliance (old) (Entered: 06/25/1993)

PROOF OF SERVICE by plaintiffs of motion for contempt, sanctions and for further compliance (old) (Entered: 07/01/1993)

RESPONSE and OPPOSITION by defendant Harold Ezell, defendant Alan Nelson, defendant Edwin Meese, defendant INS to motion for [162-1], motion for sanctions [162-2], motion to compel further compliance [162-3] (old) (Entered: 07/13/1993)

MOTION by defendant Harold Ezell, defendant Alan Nelson, defendant Edwin Meese, defendant INS to continue hearing on plaintiff's motions for contempt, sanctions, and complaince (old) (Entered: 07/16/1993)

REPLY MEMORANDUM IN SUPPORT by plaintiff Jorge Perdoma, plaintiff Martha Ozuna, plaintiff Andrea Ruiz, plaintiff Graciela Lopez, plaintiff Margarita Rodriguez, plaintiff Marta Zambrano to defendants' opposition to motion for contempt [162-1], motion for sanctions [162-2], motion to compel further compliance [162-3] (old) (Entered: 07/19/1993)

OPPOSITION by plaintiff Jorge Perdoma, plaintiff Martha Ozuna, plaintiff Andrea Ruiz, plaintiff Graciela Lopez, plaintiff Margarita Rodriguez, plaintiff Marta Zambrano to motion to continue hearing on plaintiff's motions for contempt, sanctions, and complaince [169-1] (old) (Entered: 07/20/1993)

NOTICE by plaintiff Marta Zambrano of hearing removing contempt hearing set for 7/23/93 (old) (Entered: 07/26/1993)

NOTICE by court of hearing setting hearing on motion to continue hearing on plaintiff's motions for contempt, sanctions, and complaince [169-1] 9:00 8/27/93, setting hearing on motion for contempt [162-1] 9:00 8/27/93, setting hearing on for sanctions [162-2] 9:00 8/27/93, setting hearing on motion to compel further compliance [162-3] 9:00 8/27/93 ; Scheduling Conference set 9:00 on 8/27/93 ( cc: all counsel) (old) (Entered: 08/12/1993)

NOTICE of hearing setting hearing on motion to continue hearing on plaintiff's motions for contempt, sanctions, and complaince [169-1] 9:00 10/22/93, setting hearing on motion for contempt [162-1] 9:00 10/22/93, setting hearing on motion for sanctions [162-2] 9:00 10/22/93, setting hearing on motion to compel further compliance [162-3] 9:00 10/22/93 ; Scheduling Conference reset to 9:00 on 10/22/93 ( cc: all counsel) (old) (Entered: 08/17/1993)

CERTIFIED COPY of Appellate Court Order: re USCA #90-15274, REMANDING District Court Judgment (old) (Entered: 09/01/1993)

CERTIFIED COPY of Appellate Court Order: re USCA #90-15298, REMANDING District Court Judgment (old) (Entered: 09/01/1993)

LODGED stipulation for continuance & order thereon (old) (Entered: 11/04/1993)

STIPULATION and ORDER by Judge Edward J Garcia: GRANTING stipulation - RESETTING hearing on motion for contempt [162-1], motion for sanctions [162-2], motion to compel further compliance [162-3] to 9:00am on 1/28/94 (cc: all counsel) (old) (Entered: 11/08/1993)

NOTICE by plaintiffs to continue hearing set for 1/28/94 to a date after 2/25/94 (old) (Entered: 01/14/1994)

LODGED Stipulation to Continuance of Status Conference and Order (old) (Entered: 01/14/1994)

STIPULATION and ORDER by Judge Edward J Garcia : RESETTING hearing on motion for contempt [162-1], motion for sanctions [162-2], motion to compel further compliance [162-3] to 9:00am on 4/22/94; Status Conference CONTINUED to 4/22/94 at 9:00am (cc: all (old) (Entered: 01/18/1994)

LODGED Stipulation for continuance and order thereon (status conf to 7/29/94 at 9:00am) (old) (Entered: 04/19/1994)

ORDER by Judge Edward J Garcia; GRANTING stipulation for continuance and order thereof ; Scheduling Conference reset for 7/29/94 at 9:00; (cc: counsel) (old) (Entered: 04/22/1994)

STIPULATION AND ORDER by Judge Edward J Garcia: RESETTING hearing on motion for contempt [162-1], motion for sanctions [162-2] and motion to compel further compliance [162-3] to 9:00am on 12/2/94; status conference RESET for 9:00am on 12/2/94 (cc: all counsel) (old) (Entered: 07/25/1994)

NOTICE by plaintiff of change of address to CA Rural Legal Assistance 631 Howard St, Suite 300 San Francisco CA 94105-3907 (old) (Entered: 09/06/1994)

ORDER by Judge Edward J Garcia: DROPPING FROM COURT'S CALENDAR motion for contempt [162-1], motion sanctions [162-2], and motion to compel further compliance [162-3]; plaintiffs may renotice for 12/2/94 at 9:00am; status conference SET for 9:00am on 12/2/94; supplemental status reports due 10 days prior to the status conference (cc: all counsel) (old) (Entered: 09/26/1994)

STATUS REPORT by pltfs Marta Zambrano, Margarita Rodriguez, Graciela Lopez, Andrea Ruiz, Martha Ozuna, Jorge Perdoma (old) (Entered: 11/23/1994)

SUPPLEMENTAL STATUS REPORT by defendants (old) (Entered: 11/29/1994)

MOTION by defendants to dismiss second amended complaint motion to be heard by Judge Edward J Garcia on 2/10/95 at 9:00am (old) (Entered: 12/23/1994)

EX PARTE APPLICATION FOR CONTINUANCE OF DEFENDANT'S MOTION TO DISMISS THE COMPLAINT by plaintiffs (old) (Entered: 01/23/1995)

LODGED order continuing defendants' motion to dismiss the complaint to 3/10/95 at 10:00am (old) (Entered: 01/20/1995)

ORDER by Judge Edward J Garcia resetting hearing on motion by defendants to dismiss second amended complaint [188-1] 10:00 3/10/95; scheduling conference for 10:00 3/10/95 ; Pltf's opposition brief is to be filed no later than 2/27/95; deft's reply is to be filed no later 3/3/95 (cc: all counsel) (old) (Entered: 01/24/1995)

PLAINTIFFS OPPOSITION to defendants motion to dismiss second amended complaint (old) (Entered: 03/02/1995)

NOTICE OF MOTION AND MOTION to amend complaint by plaintiffs ; memorandum of points and authorities in support thereof; motion to be heard on 03/10/95 at 9:00am by Judge Edward J Garcia (old) (Entered: 03/02/1995)

LODGED Third amended complaint by plaintiffs (old) (Entered: 03/02/1995)

LODGED Proposed Order granting leave to amend complaint by plaintiffs (old) (Entered: 03/02/1995)

NOTICE of hearing RESET AND ACCELERATED on motion to amend complaint by plaintiffs [192-1] 9:00 3/9/95 ( cc: all counsel) (old) (Entered: 03/03/1995)

LODGED Document not to be used; court to prepare own order (old) (Entered: 03/06/1995)

THIRD AMENDED COMPLAINT by plaintiffs Jorge Perdoma, Martha Ozuna, Andrea Ruiz, Graciela Lopez, Margarita Rodriguez, Marta Zambrano (old) (Entered: 03/10/1995)

MINUTES of Status Conference before Judge Edward J Garcia: granting motion to amend complaint by plaintiffs [192-1]; finding the motion by defendants to dismiss second amended complaint [188-1] moot; scheduling conference continued to 9:00am on 5/12/95 ; C/R McNamara (old) (Entered: 03/13/1995)

ORDER by Judge Edward J Garcia ORDERING: plaintiffs motion to amend is GRANTED; the proposed third amended complaint lodged with the court 02/27/95 is ordered FILED; defendants shall answer or otherwise respond to the third amended complaint within 30 days from the date of this order; this disposition moots defendants motion to dismiss the second amended complaint; scheduling conference is continued to 9:00am on 5/12/95 and motion to dismiss set for 9:00am on 5/12/95 ; defendants oral motion made at the hearing to stay discovery is DENIED; to the extent defendants seek a formal stay of discovery they must file a noticed motion for such a stay; a motion to stay discovery may be noticed before the district court in the first instance but may be referred to the Magistrate Judge for resolution (cc: all counsel) (old) (Entered: 03/10/1995)

ANSWER to plaintiffs third amended complaint by defendants (old) (Entered: 03/27/1995)

NOTICE OF MOTION AND MOTION to stay discovery pending ruling on motion to dismiss third amended complaint ; by deft (old) (Entered: 03/30/1995)

MEMORANDUM by defendant in support of motion to stay discovery pending ruling on motion to dismiss third amended complaint [198-1] (old) (Entered: 03/30/1995)

NOTICE OF MOTION AND MOTION to dismiss pltfs' third amended complaint by dfts motion to be heard on 5/12/95 at 9:00am by Judge Edward J. Garcia (kb) (Entered: 04/13/1995)

MEMORANDUM by plaintiff in opposition to motion for protective order to stay discovery [198-1] (old) (Entered: 04/21/1995)

DECLARATION of Pauline Gee in opposition to motion for protective order to stay discovery [198-1] (old) (Entered: 04/21/1995)

LODGED Proposed Order denying defts' motion for stay of discovery by plaintiff (old) (Entered: 04/21/1995)

REPLY BRIEF by defts Harold Ezell, Alan Nelson, Edwin Meese, INS in support of motion to stay discovery [198-1]; 5/3/95 on 9:00am (old) (Entered: 05/02/1995)

LETTER to court from counsel for defendants Harold Ezell, Alan Nelson, Edwin Meese, INS regarding motion to stay hearing set for 5/3/95, counsel has been advised that the motion would be decided on the briefs without any oral argument (old) (Entered: 05/02/1995)

PLAINTIFFS' MEMORANDUM IN OPPOSITION to dfts' motion to dimisss third amended complaint [200-1] (ndd) (Entered: 05/02/1995)

MINUTES of Hearing on Motion before Magistrate Judge Peter A. Nowinski: motion for protective order & to stay discovery SUBMITTED without argument; the Order re: this motion was filed 4/28/95 (old) (Entered: 05/04/1995)

ORDER by Magistrate Judge Peter A. Nowinski GRANTING motion to stay discovery pending ruling on motion to third amended complaint [198-1]; plaintiff have not demonstrated factual issued raised by deft's motion which require discovery (cc: all counsel) (old) (Entered: 05/04/1995)

LODGED Document NOT USED [0-0] (old) (Entered: 05/04/1995)

REPLY by defendants to pltfs' opposition to motion to dismiss pltfs' third amended complaint by dfts [200-1] (old) (Entered: 05/09/1995)

MINUTES of Status hearing before Judge Edward J Garcia; DENYING motion to dismiss pltfs' third amended complaint by dfts [200-1]l; scheduling conference reset to 9:30 10/13/95 ; discovery stay lifted ; Order to be prepared by court C/R McNamara (old) (Entered: 07/18/1995)

ORDER AFTER HEARING by Judge Edward J Garcia GRANTING motion to dismiss pltfs' third amended complaint by dfts [200-1] as to the second cause of action and denied as to the first, third, and fourth causes of action; GRANTING motion by defendants to dismiss second amended complaint [188-1] as to the FOIA claim contained within the fourth cause of action but denied as to the third cause of action; the stay of discovery imposed by order filed 5/4/95 is lifted; a supplemental scheduling conference set for 9:30 10/13/95 ; supplemental status reports due no later than 10 days prior to the conference (cc: all counsel) (old) (Entered: 07/19/1995)

EX PARTE APPLICATION for order shortening time by pltfs Jorge Perdoma, Martha Ozuna, Andrea Ruiz, Graciela Lopez, Margarita Rodriguez, Marta Zambrano re motion to compel (old) (Entered: 07/21/1995)

NOTICE OF MOTION AND MOTION by pltfs Jorge Perdoma, Martha Ozuna, Andrea Ruiz, Graciela Lopez, Margarita Rodriguez, Marta Zambrano to compel answers to 3rd set of interrogatories , and to produce documents ; motion to be heard 9:00 on 9/6/95 before PAN (old) (Entered: 07/21/1995)

DECLARATION of Stephen A Rosenbaum in support of motions to compel [213-1], to produce [213-2] (old) (Entered: 07/21/1995)

STIPULATION by counsel regarding pltfs' motions to compel [213-1], to produce [213-2] (old) (Entered: 07/21/1995)

MEMORANDUM IN OPPOSITION by defts Harold Ezell, Alan Nelson, Edwin Meese, INS to motion to compel answers to 3rd set of interrogatories [213-1], to motion to produce documents [213-2] (old) (Entered: 07/21/1995)

LODGED Order shortening time to hear motion to compel by pltfs Jorge Perdoma, Martha Ozuna, Andrea Ruiz, Graciela Lopez, Margarita Rodriguez, Marta Zambrano (old) (Entered: 07/21/1995)

LODGED Order granting motions to compel, to produce by pltfs Jorge Perdoma, Martha Ozuna, Andrea Ruiz, Graciela Lopez, Margarita Rodriguez, Marta Zambrano (old) (Entered: 07/21/1995)

ORDER by Magistrate Judge Peter A. Nowinski: Plaintiff's motion to compel discovery is denied; defendant shall serve its reponse to plaintiff's discovery by 8/14/95 (cc: all counsel) (old) (Entered: 07/26/1995)

SUPPLEMENTAL STATUS REPORT by dfts Harold Ezell, Alan Nelson, Edwin Meese, INS (old) (Entered: 10/02/1995)

SUPPLEMENTAL STATUS REPORT by plaintiff Marta Zambrano (old) (Entered: 10/03/1995)

TRANSCRIPT of 7/14/95 hearing on court's ruling on motions by C/R Margaret A McNamara (old) (Entered: 10/04/1995)

MINUTES of Status conference before Judge Edward J Garcia; scheduling conference continued to 9:00 2/23/96 ; supplemental status reports due no later than 2/13/95 C/R McNamara (old) (Entered: 10/17/1995)

MOTION by defendants to compel (old) (Entered: 10/30/1995)

MEMORANDUM by defendant INS in support of defendants' motion to compel [223-1] (old) (Entered: 10/30/1995)

DECLARATION of Stphen W Funk in support of defendants' motion to compel [223-1] (old) (Entered: 10/30/1995)

EX PARTE APPLICATION by defendant INS for shortening time to hear defendants' motion to compel (old) (Entered: 10/30/1995)

DECLARATION of Stephen W Funk in support defendants' ex parte application for shortening time to hear motion to compel [222-1] (old) (Entered: 10/30/1995)

LODGED order compelling disclosure by defendant INS (old) (Entered: 10/30/1995)

LODGED order shortening time to hear motion to compel (old) (Entered: 10/30/1995)

ORDER by Magistrate Judge Peter A. Nowinski SETTING HEARING on motion to compel answers to 3rd set of interrogatories [213-1] 9:00 11/1/95: Hearing will be heard telephonically (cc: all counsel) (old) (Entered: 10/30/1995)

RESPONSE by defendant Harold Ezell to motion by defendants to compel [223- 1] (old) (Entered: 11/01/1995)

DECLARATION of Pauline Gee in opposition defendant's motion to compel [223-1] (old) (Entered: 11/01/1995)

LODGED order on motion to compel (old) (Entered: 11/01/1995)

ORDER by Magistrate Judge Peter A Nowinski GRANTING motion by defendants to compel the identity of class members Maria R, Estela A, and Eva A [223-1]; pltfs shall provide required information within 24 hours of service; Defts shall provide to pltfs copies of the class members' files and records relating to any application for adjustment of status at least three days before scheduled depositions; Parties use of this information shall remain subject to the confidentiality provisions of 8:1255 (cc: all counsel) (old) (Entered: 11/03/1995)

LODGED Stipulation for protective order of confidentiality & order by plts (ndd) (Entered: 01/09/1996)

PLTS' EX PARTE APPLICATION to continue motion for class modification and Declaration in support thereof (ndd) (Entered: 01/11/1996)

STIPULATION AND ORDER by Magistrate Judge Peter A. Nowinski for protective order of applications and supporting class membership declaration and documentation submitted to INS between 7/31/89 and 1/3/90 ; dfts may depose plts Maria R, Estela L and Eva A to the extent mentioned during the course of the depositions, shall appear as pseudonyms in the deposition transcripts; both parties agree that information regarding plts and class members obtained as a result of this action will be kept strictly confidential (cc: all counsel) (ndd) (Entered: 01/11/1996)

NOTICE OF NON OPPOSITION by defendants regarding pltfs ex parte application to continue motion for class modification and declaration in support thereof [231-1] (old) (Entered: 01/17/1996)

ORDER by Judge Edward J. Garcia: RESETTING the hearing on the motiotn to modify the class definition to 4/5/96 at 9am in Courtroom #4 (cc: all counsel) (old) (Entered: 01/17/1996)

SUPPLEMENTAL STATUS REPORT by defendants (old) (Entered: 02/15/1996)

NOTICE OF MOTION AND MOTION for modification of class certification order by plfs ; hearing set for 9:00 4/5/96; motion to be heard by Judge Edward J. Garcia (old) (Entered: 03/08/1996)

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiffs in support of Motion for modification of class certification order [236-1] (old) (Entered: 03/08/1996)

SEALED document (old) (Entered: 03/08/1996)

EXHIBITS by plaintiffs in support of Motion for modification of class certification order [236-1] (old) (Entered: 03/08/1996)

SUPPLEMENTAL STATUS REPORT by defendants (kb) (Entered: 03/26/1996)

OPPOSITION by defendants to motion for modification of class certification order by plfs [236-1] (kb) (Entered: 03/26/1996)

NOTICE OF MOTION AND MOTION for leave to intervene or join two additional plfs by plfs ; hearing set for 9:00 5/3/96; motion to be heard by Judge Edward J Garcia (old) (Entered: 04/01/1996)

EX PARTE APPLICATION by plfs for order shortening time (old) (Entered: 04/01/1996)