Case: Durgin v. De La Vina

4:95-cv-00029 | U.S. District Court for the District of Arizona

Filed Date: Jan. 17, 1995

Closed Date: Dec. 21, 1999

Clearinghouse coding complete

Case Summary

On January 17, 1995 two motorists who had been stopped by U. S. Border Patrol agents patrolling the Mexican border filed a class action lawsuit in the U.S. District Court for the District of Arizona, challenging the constitutionality of the stops. Plaintiffs alleged that the Border Patrol agents engaged in a pattern or practice of routinely stopping motorists without reasonable suspicion. Plaintiffs sought declaratory and injunctive relief, as well as class certification. Plaintiffs amen…

On January 17, 1995 two motorists who had been stopped by U. S. Border Patrol agents patrolling the Mexican border filed a class action lawsuit in the U.S. District Court for the District of Arizona, challenging the constitutionality of the stops. Plaintiffs alleged that the Border Patrol agents engaged in a pattern or practice of routinely stopping motorists without reasonable suspicion. Plaintiffs sought declaratory and injunctive relief, as well as class certification. Plaintiffs amended their complaint several times and moved for class certification.

Defendants objected to the class certification and moved to dismiss the case on the grounds that plaintiffs lacked standing to request injunctive relief. The Court converted that motion to one for summary judgment, when the parties submitted materials for the Court to consider.

On June 23, 1997, the District Court (Judge John M. Roll) granted defendants motion for summary judgment and dismissed the case. Judge Roll determined that plaintiffs did not sufficiently establish that they were at risk of being stopped again by Border Patrol, they lacked standing to pursue a case for injunctive relief. He also held that class certification was not appropriate. Durgin v. De La Vina, 74 F.R.D. 469, (D.Ariz. 1997). Plaintiffs appealed.

The Ninth Circuit Court of Appeals (Judge Rhoades) reversed and remanded the case. Durgin v. De La Vina, 165 F.3d 667 (9th Cir. 1999). Defendants moved for a rehearing en banc. Following rehearing, the Ninth Circuit en banc (Judge W. Fletcher) affirmed the dismissal of the case. Judge Fletcher's opinion held: (1) standing to seek damages did not alone serve as a basis for standing to seek equitable relief; (2) motorists did not establish a sufficient likelihood of future injury to warrant equitable relief; and (3) relief could not be based on injury of unnamed class members. Durgin v. De La Vina, 199 F.3d 1037 (9th Cir. En banc 1999).

Summary Authors

Brian Ponton (9/17/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60706970/parties/durgin-v-de-la-vina/


Judge(s)

Fletcher, William A. (California)

Hug, Procter Ralph Jr. (Nevada)

Rhoades, John Skylstead Sr. (California)

Roll, John McCarthy (Arizona)

Attorneys(s) for Plaintiff

Morris, William Eric (Arizona)

Salese, Armand (Arizona)

Attorneys(s) for Defendant

Bombaugh, Robert L. (District of Columbia)

Ellison, Brenda (District of Columbia)

Gomez, Jane (District of Columbia)

Guerin, Jennifer C. (Arizona)

Judge(s)

Fletcher, William A. (California)

Hug, Procter Ralph Jr. (Nevada)

Rhoades, John Skylstead Sr. (California)

Roll, John McCarthy (Arizona)

Attorneys(s) for Plaintiff

Morris, William Eric (Arizona)

Salese, Armand (Arizona)

Attorneys(s) for Defendant

Bombaugh, Robert L. (District of Columbia)

Ellison, Brenda (District of Columbia)

Gomez, Jane (District of Columbia)

Guerin, Jennifer C. (Arizona)

Hunger, Frank W. (District of Columbia)

Jorgenson, Cindy K. (Arizona)

Kline, David J. (District of Columbia)

Napolitano, Janet (Arizona)

Documents in the Clearinghouse

Document

Docket (PACER)

Jan. 17, 1995 Docket

Appellate Docket (PACER)

U. S. Court of Appeals for the Ninth Circuit

Aug. 5, 1997 Docket
106

Opinion

174 F.R.D. 469

June 23, 1997 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

165 F.3d 667

Jan. 12, 1999 Order/Opinion

Order

U. S. Court of Appeals for the Ninth Circuit

175 F.3d 761

May 13, 1999 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

199 F.3d 1037

Dec. 21, 1999 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60706970/durgin-v-de-la-vina/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT FILED (PAB) (Entered: 01/17/1995)

Jan. 17, 1995 PACER
2

1st AMENDED COMPLAINT by pla Panchita Hodgers Durgin [1-1] terminating dft Ruth Ann Meyers ; (former emp) (Entered: 01/26/1995)

Jan. 26, 1995 PACER
3

NTC & ACKNOWLEDGEMENT OF RECEIPT OF SMS 7 CMP by dft Douglas Kruhm on 3/22/95 (former emp) (Entered: 03/27/1995)

March 23, 1995 PACER
4

ANSWER by dft Douglas Kruhm, dft Ronald Dowdy, dft Perry Cronin, to First Amended complaint. (PAB) (Entered: 03/28/1995)

March 27, 1995 PACER
5

ORDER by Judge John M. Roll ; prel scheduling conf set for 11:00 6/6/95 (cc: all counsel) (former emp) (Entered: 04/20/1995)

April 19, 1995 PACER
6

NOTICE by pla Panchita Hodgers Durgin of svc of 1st req for prod of docs (former emp) (Entered: 04/20/1995)

April 19, 1995 PACER
7

JOINT REPORT pursuant to FRCP Rule 16 & order setting sched conf (former emp) (Entered: 06/01/1995)

May 30, 1995 PACER
8

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla Panchita Hodgers Durgin (former emp) (Entered: 06/05/1995)

June 2, 1995 PACER
9

STIPULATION for ext of tm to file initial disclosure (former emp) (Entered: 06/07/1995)

June 6, 1995 PACER
10

ORDER by Judge John M. Roll granting stipulation to ext tm til 6/30/95 for dfts to make their initial discl pur to Rule 26(a)(1); ; prel scheduling conf held ; discovery ddl set for 11/10/95 ; dispositive motions due 12/10/95 ; PTO ddl set for 1/15/96, ; status report due 9/15/95 & every 45 days thereafter; ptys exchange & file their resp wit lsts by 10/1/95; discl of expert wit testimony pur to Rule 26(a)(2) shall be completed by 10/1/95; all ptys gr til 9/1/95 to mv to amd pledings or join addt'l ptys; pretrial conf will be set upon rcpt of jt proposed pretrial ord; trial date will be set at the pretrial conf (cc: all counsel) (former emp) (Entered: 06/12/1995)

June 8, 1995 PACER
11

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dfts (former emp) (Entered: 07/05/1995)

June 30, 1995 PACER
12

MOTION to drop Douglas Kruhm as a party dft and to add Gustavo De La Vina as a party dft purusant to rule 21 and for leave to amend the first amended complaint accordingly by pla [12-1] (PAB) (Entered: 07/11/1995)

July 7, 1995 PACER

LODGED second amended complaint (PAB)

July 11, 1995 PACER
13

MOTION to certify class action by pla [13-1] (PAB) (Entered: 07/25/1995)

July 25, 1995 PACER
14

ORDER by Judge John M. Roll granting motion to drop Douglas Kruhm as a party dft and to add Gustavo De La Vina as a party dft purusant to rule 21 and for leave to amend the first amended complaint accordingly by pla [12-1]. Ordered cause shall proceed under caption Durgin v. De la Vina et al., CV95-29 TUC JMR for all future filings. (cc: all counsel) (PAB) (Entered: 07/26/1995)

July 25, 1995 PACER
15

SECOND AMENDED COMPLAINT by pla [2-1], [1-1] terminating dft Douglas Kruhm ;adding Gustavo De La Vina (PAB) (Entered: 07/26/1995)

July 25, 1995 PACER
16

RESPONSE by dft to motion to drop Douglas Kruhm as a party dft and to add Gustavo De La Vina as a party dft purusant to rule 21 and for leave to amend the first amended complaint accordingly by pla [12-1] [12-1] (former emp) (Entered: 08/02/1995)

July 26, 1995 PACER
17

NOTICE by dft OF TAKING DEPO OF Lourdes Machado at 10:00 AM, Panchita Hodgers Durgin at 1:00 PM, Javier Barajas at 9:00 AM and Luis Villa at 1:00 PM on the following date: 8/8/95, Antonio Lopez at 8:30 AM, Nicole Sultan at 12:00 PM and Ulyssess Macia at 3:00 PM on 8/9/95 (former emp) (Entered: 08/07/1995)

Aug. 3, 1995 PACER
18

ANSWER by dft Ronald Dowdy, dft Perry Cronin, dft Gustavo De La Vina, (former emp) (Entered: 08/15/1995)

Aug. 9, 1995 PACER
19

STIPULATION to extend time to respond to Motion for Class Certification (PAB) (Entered: 08/16/1995)

Aug. 10, 1995 PACER
20

ORDER by Judge John M. Roll granting stipulation for extension of time for dfts to file resp to Mtn for Class Cert from 8/11/95 to 9/7/95(cc: all counsel) (PAB) (Entered: 08/16/1995)

Aug. 11, 1995 PACER
21

RESPONSE by dft to motion to certify class action by pla [13-1] (PAB) (Entered: 09/12/1995)

Sept. 7, 1995 PACER
22

MOTION dismiss second amd complaint by dft [22-1] (PAB) (Entered: 09/12/1995)

Sept. 7, 1995 PACER
23

NOTICE OF HEARING by dft setting motion dismiss second amd complaint by dft [22-1] at 3:30 11/27/95, setting motion to certify class action by pla [13-1] at 3:30 11/27/95 (former emp) (Entered: 09/12/1995)

Sept. 11, 1995 PACER
24

JOINT STATUS REPORT by pla Panchita Hodgers Durgin (former emp) (Entered: 09/18/1995)

Sept. 15, 1995 PACER
25

NOTICE by dft of service of discovery papers (PAB) (Entered: 09/20/1995)

Sept. 19, 1995 PACER
26

RESPONSE by pla to motion dismiss second amd complaint by dft [22-1] (PAB) (Entered: 09/25/1995)

Sept. 22, 1995 PACER
27

REPLY by pla to response to motion to certify class action by pla [13-1] (PAB) (Entered: 09/25/1995)

Sept. 22, 1995 PACER
29

WITNESS LIST by pla (PAB) (Entered: 10/04/1995)

Sept. 29, 1995 PACER
28

WITNESS LIST by dft (PAB) (Entered: 10/03/1995)

Oct. 2, 1995 PACER
30

STIPULATION for ext of tm to rply to pla's opp to dfts' mot to dism 2nd amd cmp (former emp) (Entered: 10/05/1995)

Oct. 4, 1995 PACER
31

STIPULATION relating to certain discovery matters (former emp) (Entered: 10/24/1995)

Oct. 20, 1995 PACER
32

REPLY by dft to response to motion dismiss second amd complaint by dft [22-1] (former emp) (Entered: 10/24/1995)

Oct. 23, 1995 PACER
33

MOTION to strike pla's redefinition of the class, by dfts [33-1], or for leave to file a surreply by dfts [33-2] (former emp) (Entered: 10/24/1995)

Oct. 23, 1995 PACER

LODGED surreply to class certification (former emp)

Oct. 23, 1995 PACER
34

ORDER by Judge John M. Roll granting stipulation re certain discovery matters (cc: all counsel) (former emp) (Entered: 10/24/1995)

Oct. 24, 1995 PACER
35

NOTICE by dft OF TAKING DEPO OF Olga Amaya de Vasquez on the following date(s): 11/3/95 at 1:00 pm (former emp) (Entered: 10/30/1995)

Oct. 30, 1995 PACER
36

NOTICE by dft OF TAKING DEPO OF Araceli Marua Amaya on the following date(s): 11/3/95 at 1:00 pm (former emp) (Entered: 10/30/1995)

Oct. 30, 1995 PACER
37

NOTICE by dft OF TAKING DEPO OF Irene Amaya de Marua, aka Irene Cimaya de Marua on the following date(s): 11/3/95 at 10:00 am (former emp) (Entered: 10/30/1995)

Oct. 30, 1995 PACER
38

NOTICE by dft OF TAKING DEPO OF Brenda Cecilia Marua-Amaya on the following date(s): 11/3/95 at 10:00 am (former emp) (Entered: 10/30/1995)

Oct. 30, 1995 PACER
39

STATUS REPORT by pla, dft (former emp) (Entered: 10/31/1995)

Oct. 30, 1995 PACER
40

RESPONSE by pla Panchita Hodgers Durgin to motion to strike pla's redefinition of the class, by dfts [33-1], motion or for leave to file a surreply by dfts [33-2] (former emp) (Entered: 11/01/1995)

Oct. 31, 1995 PACER
41

NOTICE by dft OF TAKING DEPO OF Oscar Cota on the following date(s): 11/8/95 @ 2:30 p.m. (KDT) (Entered: 11/08/1995)

Nov. 7, 1995 PACER
42

MOTION for protective order re Rule 26(c) [42-1] by residents of Hermosillo Sonora who hv been subpoenaed by US to appear for their depo (former emp) (Entered: 11/13/1995)

Nov. 9, 1995 PACER
43

MOTION to amend Rule 16 sched ord to ext disc ddl by pla Panchita Hodgers Durgin [43-1] (former emp) (Entered: 11/13/1995)

Nov. 9, 1995 PACER
44

STIPULATION re discovery (former emp) (Entered: 11/14/1995)

Nov. 14, 1995 PACER
45

ORDER by Judge John M. Roll granting stipulation ; discovery ddl reset for 1/16/96 ; dispositive motions due 2/14/96 (cc: all counsel) (former emp) (Entered: 11/21/1995)

Nov. 16, 1995 PACER
46

RESPONSE by dfts to motion for protective order re Rule 26(c) [42-1] (former emp) (Entered: 11/22/1995)

Nov. 21, 1995 PACER
48

MINUTE ENTRY Judge Inits: JMR Crt Rptr: John Davis Court takes under advisement on 11/27/95 the motion dismiss second amd complaint by dft [22-1], and takes under advisement on 11/27/95 the motion to certify class action by pla [13-1]. Oral motion to dismiss prties Dowdy and Cronin is GRANTED. [cc: all counsel] [48-2] (former emp) (Entered: 11/29/1995)

Nov. 27, 1995 PACER
47

Witnesses' REPLY to response to motion for protective order re Rule 26(c) [42-1] (PAB) (Entered: 11/29/1995)

Nov. 28, 1995 PACER

ORAL MOTION by pla to dismiss dfts Downy & Cronin by Panchita Hodgers Durgin [0-0] (PAB)

Nov. 29, 1995 PACER
49

ORDER by Judge John M. Roll dfts mtn to dism is denied at this time. Pltfs mtn for class certification is denied. Plft is granted lv to amd the cmp to add Antonio Lopez as a named pltf in this action. Dfts mtn to strike pltfs reply is denied. Dfts mtn to file a surreply is granted. Further ordered that pltfs oral mtn to dism dfts Downy & Cronin is granted. Pltf is granted lv to file an amd cmp naming their successors in office as dfts here. (all counsel) (PAB) (Entered: 11/30/1995)

Nov. 29, 1995 PACER
50

SURREPLY by dft to motion to certify class action by pla [13-1] [13-1] (PAB) (Entered: 11/30/1995)

Nov. 29, 1995 PACER
51

NOTICE by pla of service of discovery papers (PAB) (Entered: 12/04/1995)

Dec. 1, 1995 PACER
52

NOTICE by dft of svc of 1st set of interrogs & 1st req for docs (former emp) (Entered: 12/11/1995)

Dec. 7, 1995 PACER
53

MINUTE ORDER denying motion for protective order re Rule 26(c) [42-1] (cc: all counsel) [53-1] (former emp) (Entered: 12/12/1995)

Dec. 8, 1995 PACER
54

NOTICE by dft OF TAKING DEPO OF Brend Morua-Amaya on the following date(s): 1/5/96 at 8:30 am; Araceli Morua-Amaya on 1/5/96 at 1:30 pm; Irene Amaya de Morua on 1/8/96 at 8:30 am & Olga Amaya de Vasquez on 1/8/96 at 1:30 pm (former emp) (Entered: 01/08/1996)

Jan. 4, 1996 PACER
55

STIPULATION that the tm for completing the ptys' disc be ext frm 1/16/96 to & including 4/5/96 & that dfts be gr to & including 4/5/96 to resp to pla's 1st set of Interrogs & 2nd req for prod of docs (former emp) (Entered: 01/09/1996)

Jan. 9, 1996 PACER
56

ORDER by Judge John M. Roll granting stipulation ; dfts are gr to & including 4/5/96 to resp to pla's 1st set of interrogs & 2nd req for prod of docs; the Rule 16 sched o in the aboce captioned action is hereby modified as follows: discovery ddl set for 4/5/96 ; dispositive motions due 5/17/96 ; PTO ddl set for 7/26/96 (cc: all counsel) (former emp) (Entered: 01/16/1996)

Jan. 11, 1996 PACER
57

NOTICE by pla Panchita Hodgers Durgin of svc of ans to dfts' 1st set of interrogs & 2 cpies of resp to dfts' 1st req for prod of docs to Brenda E Ellison, Asst Atty Gen; (former emp) (Entered: 01/25/1996)

Jan. 24, 1996 PACER
58

AMENDED STIPULATION re certain discovery matters (former emp) (Entered: 04/17/1996)

April 16, 1996 PACER
59

ORDER by Judge John M. Roll granting amd stipulation re certain disc matters (cc: all counsel) (former emp) (Entered: 04/22/1996)

April 18, 1996 PACER
60

2ND STIPULATION re certain discovery matters (former emp) (Entered: 04/23/1996)

April 22, 1996 PACER
61

ORDER by Judge John M. Roll granting stipulation to auth rel to cnsl for pla the info lstd on exh1 that is relevant to this action w/o obtaining prior wrtn consent of the persons to whom such records & info pertain subject to all cond set forth in the stip (cc: all counsel) (former emp) (Entered: 04/26/1996)

April 24, 1996 PACER
62

NOTICE by dft OF TAKING DEPO OF Jose Angel De La Vara on the following date(s): 4/30/96 at 11:00 am (former emp) (Entered: 04/29/1996)

April 29, 1996 PACER
63

NOTICE by dft of service of discovery papers (PAB) (Entered: 05/07/1996)

May 2, 1996 PACER
64

NOTICE by dft of service of discovery papers (PAB) (Entered: 05/08/1996)

May 8, 1996 PACER
65

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft (former emp) (Entered: 06/11/1996)

June 11, 1996 PACER
66

NOTICE by pla OF TAKING TELEPHONIC DEPO OF Gustavo De La Vina on the following date(s): 7/17/96 at 9:00 am (former emp) (Entered: 06/18/1996)

June 14, 1996 PACER
67

NOTICE by pla OF TAKING telephonic DEPO OF Gustavo De La Vina on the following date(s): 7/24/96 at 9:00am (former emp) (Entered: 07/16/1996)

July 15, 1996 PACER
68

MOTION for status hearing by pla [68-1], and to to extend time to file joint pre trial order [68-2] (PAB) Modified on 07/24/1996 (Entered: 07/24/1996)

July 23, 1996 PACER
69

NOTICE by dft of service of discovery (PAB) (Entered: 07/25/1996)

July 25, 1996 PACER
70

Third STIPULATION and Order relating to Certain Discovery Matters (former emp) (Entered: 07/26/1996)

July 25, 1996 PACER
71

MOTION for order granting So. Az. Legal Aid and its attys leave to withdraw as counsel for pla [71-1] (former emp) (Entered: 07/26/1996)

July 25, 1996 PACER
72

ORDER by Judge John M. Roll granting stipulation relating to certain disc matters. Ordered dfts are authorized to release to cnsl the info listed on exh 1 that is relevant to this action, without obtaining prior written consent of the persons to whom such records & info pertain (cc: all counsel) (PAB) (Entered: 08/01/1996)

July 31, 1996 PACER
73

ORDER by Judge John M. Roll granting motion for order granting So. Az. Legal Aid and its attys leave to withdraw as counsel for pla [71-1] attorney William Eric Morris for Panchita Hodgers Durgin (cc: all counsel) (PAB) (Entered: 08/01/1996)

July 31, 1996 PACER
74

RESPONSE by dft to motion for status hearing by pla [68-1], motion to extend time to file joint pre trial order [68-2] (former emp) (Entered: 08/07/1996)

Aug. 6, 1996 PACER
75

NOTICE by dft of svc of addt'l docs that are responsive to pla's 1st & 2nd reqs for prod of docs (former emp) (Entered: 08/27/1996)

Aug. 26, 1996 PACER
76

ORDER by Judge John M. Roll denying motion for status hearing by pla [68-1], denying motion to extend time to file joint pre trial order [68-2] Ddl of 7/26/96 for filine the joint pre-trial order is vacated & will be re-scheduled once the class certification issue has been resolved. If Pla desires to raise the class certif issue, Pla has 20 days to file a mot to recon class certif. Dft has 20 days to resp; Pla will have 10 days to rply (cc: all counsel) (PAB) (Entered: 09/04/1996)

Sept. 3, 1996 PACER
77

THIRD AMENDED COMPLAINT by pla [15-1], [2-1], [1-1] ; (PAB) (Entered: 09/12/1996)

Sept. 9, 1996 PACER
78

ORDER by Judge John M. Roll striking Third amended complaint (cc: all counsel) (former emp) (Entered: 09/16/1996)

Sept. 11, 1996 PACER
79

STIPULATION that pla may hv til 10/30/96 to file a mot to recon class certification (former emp) (Entered: 09/17/1996)

Sept. 17, 1996 PACER
80

MOTION for reconsideration of Crt ord dated 9/10/96 striking pla's 3rd amd cmp by pla [80-1] (former emp) (Entered: 09/17/1996)

Sept. 17, 1996 PACER
81

ORDER by Judge John M. Roll granting motion for reconsideration of Crt ord dated 9/10/96 striking pla's 3rd amd cmp by pla [80-1] order of 9/10/96 vacated, third amd cmp shall be filed by clerk, granting stipulation that pla shall have until 10/30 to file a mtn to reconsider class certification., [77-1] (cc: all counsel) (PAB) (Entered: 09/19/1996)

Sept. 17, 1996 PACER
82

AMENDED COMPLAINT by pla [77-1], [15-1], [2-1], [1-1] ; adding Antonio V Lopez as pla, Ronald E Sanders, Stephen Norman as dfts (PAB) (Entered: 09/19/1996)

Sept. 17, 1996 PACER
83

NOTICE by dfts of svc of addt'l docs that are responsive to pla's 2nd req for prod of docs (former emp) (Entered: 09/27/1996)

Sept. 26, 1996 PACER
84

STIPULATION that dfts may hv to & including 10/16/96 tofile dfts' ans to plas' 3rd amd cmp (former emp) (Entered: 10/01/1996)

Oct. 1, 1996 PACER
85

ORDER by Judge John M. Roll granting stipulation that dft have to & including 10/16/96 to file their ans to pla 3rd amd cmp(cc: all counsel) (PAB) (Entered: 10/08/1996)

Oct. 3, 1996 PACER
86

ANSWER by dfts to third amended complaint (for declaratory and injunctive relief) (BAR) (Entered: 10/18/1996)

Oct. 16, 1996 PACER
87

MOTION to exceed the page limit of mot to reconsider class certification by pla [87-1] (PAB) (Entered: 10/31/1996)

Oct. 30, 1996 PACER

LODGED mot to reconsider class certif (PAB)

Oct. 30, 1996 PACER
88

ORDER by Judge John M. Roll granting motion to exceed the page limit of mot to reconsider class certification by pla [87-1]. Further ordered that dft shall resp to the mot to recon class cert on or before 11/25/96. Pla may then file a rply to the resp on or before 12/6/96 (cc: all counsel) (PAB) (Entered: 11/07/1996)

Nov. 5, 1996 PACER
89

MOTION for reconsideration of class certification by pla [89-1] (PAB) (Entered: 11/07/1996)

Nov. 5, 1996 PACER
90

MOTION TO SEAL exh in suppt of mot to recon class certification by pla [90-1] (PAB) (Entered: 11/07/1996)

Nov. 5, 1996 PACER
91

ORDER by Judge John M. Roll granting motion TO SEAL exh in suppt of mot to recon class certification by pla [90-1] (cc: all counsel) (PAB) (Entered: 11/07/1996)

Nov. 6, 1996 PACER
92

SEALED EXHIBITS Volume 1-11 in supt of mto to reconsider class certification (Re: [89-1] (PAB) (Entered: 11/07/1996)

Nov. 6, 1996 PACER
93

STIPULATION for ext of time to resp to pla mot for class certification (PAB) (Entered: 11/27/1996)

Nov. 22, 1996 PACER
94

STIPULATION re [89-1]that Def may have to & including 1/8/97 to respond to Pla's mtn to reconsider class certification & that Pla's have until 1/28/97 to reply to def's response (former emp) (Entered: 12/04/1996)

Nov. 22, 1996 PACER
95

ORDER by Judge John M. Roll granting stipulation, granting stipulation of 11/22/96 that def has to 1/8/97 to fiel response to pla's mtn to reconsider class certification & that pla's have until 1/28/97 to reply to def's response(cc: all counsel) (former emp) (Entered: 12/04/1996)

Nov. 26, 1996 PACER
96

MOTION to exceed the page limit in dft oposition to motion to reconsider class certification, motion for reconsideration of court's denial of defendants motion to dismiss second amended complaint and motion to dismiss third amended complaint by dft [96-1] (MRP) (Entered: 01/10/1997)

Jan. 8, 1997 PACER

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 17, 1995

Closing Date: Dec. 21, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who have been, are, or will be travelling at night by motor vehicle on Arizona and all persons who are of Latin, Hispanic or Mexican appearance who have been, are, or will be travelling by motor vehicle on Arizona highways.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States Border Patrol , Federal

U.S. Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Search policies

Immigration/Border:

Border police