Case: Espindola v. INS

Espindola v. Immigration and Naturalization Service

LODGED pro hac vice application for plaintiffs (old) (Entered: 01/21/1993)

LODGED pro hac vice application for plaintiffs (old)

COMPLAINT before Judge Edward J Garcia; referred to Magistrate Gregory G Hollows; Summons issued; fee status paid; Receipt # 141733; Notice re: Consent forms (old) (Entered: 11/12/1992)

ORDER setting scheduling conference for 10:30 2/26/93 before Judge Edward J Garcia (cc: all counsel) (old) (Entered: 11/12/1992)

PROOF OF SERVICE by plaintiff of order [2-1], complaint [1-1] (old) (Entered: 11/16/1992)

EXHIBIT inadvertently omitted from the complaint (old) (Entered: 11/16/1992)

RETURN OF SERVICE executed upon defendant INS on 11/10/92 (old) (Entered: 11/25/1992)

AMENDED COMPLAINT [1-1] by plaintiff Eva Espindola, plaintiff Luis Arturo Salado-Ramirez, plaintiff Albertina Zamora, plaintiff Maria P Rodriguez, plaintiff Jose M Rodriguez, plaintiff Luis Carlos Mier, plaintiff Ana Maria De La Riva (old) (Entered: 11/25/1992)

RETURN OF SERVICE executed upon defendant INS on 11/25/92 (old) (Entered: 11/30/1992)

LODGED proposed pro hac vice application for plaintiffs (old) (Entered: 12/21/1992)

LODGED proposed pro hac vice application for plaintiffs (old)

NOTICE of Appearance of Glyndell Williams, Francesco Isgro as counsel of defendant INS, defendant William P Barr, defendant Gene McNary (old) (Entered: 01/06/1993)

RECEIPT of Pro Hac Vice #142749 in the amount of $15.00 (old) (Entered: 01/26/1993)

LODGED pro hac vice application for plaintiffs (old) (Entered: 01/22/1993)

LODGED pro hac vice application for plaintiffs (old)

ANSWER by defendant Rudolph Valadez, defendant Gene McNary, defendant William P Barr, defendant INS (old) (Entered: 01/25/1993)

ORDER by Judge Edward J Garcia granting lodged [0-0] for attorney Lory D Rosenberg to appear pro hac vice for plaintiffs (cc: all counsel) (old) (Entered: 01/26/1993)

ORDER by Judge Edward J Garcia for attorney Robert H Gibbs to appear pro hac vice for plaintiffs (cc: all counsel) (old) (Entered: 01/27/1993)

NOTICE OF MOTION AND MOTION by plaintiff Ana Maria De La Riva, plaintiff Luis Carlos Mier, plaintiff Jose M Rodriguez, plaintiff Maria P Rodriguez, plaintiff Albertina Zamora, plaintiff Luis Salado-Ramirez, plaintiff Eva Espindola for summary judgment ; Motion set for 9:00 5/14/93 before EJG (old) (Entered: 02/10/1993)

MEMORANDUM of POINTS AND AUTHORITIES by plaintiff Ana Maria De La Riva, plaintiff Luis Carlos Mier, plaintiff Jose M Rodriguez, plaintiff Maria P Rodriguez, plaintiff Albertina Zamora, plaintiff Luis Salado-Ramirez, plaintiff Eva Espindola in support of motion for summary judgment [13-1] (old) (Entered: 02/10/1993)

STATEMENT by plaintiff Ana Maria De La Riva, plaintiff Luis Carlos Mier, plaintiff Jose M Rodriguez, plaintiff Maria P Rodriguez, plaintiff Albertina Zamora, plaintiff Luis Arturo Salado-Ramirez, plaintiff Eva Espindola of Uncontested Facts in support of motion for summary judgment [13-1]; Exhibits A-U (old) (Entered: 02/10/1993)

NOTICE OF MOTION AND MOTION by plaintiff Ana Maria De La Riva, plaintiff Luis Carlos Mier, plaintiff Jose M Rodriguez, plaintiff Maria P Rodriguez, plaintiff Albertina Zamora, plaintiff Luis Salado-Ramirez, plaintiff Eva Espindola to certify class action ; motion set for 9:00 5/14/93 before EJG (old) (Entered: 02/10/1993)

MEMORANDUM of POINTS AND AUTHORITIES by plaintiff Ana Maria De La Riva, plaintiff Luis Carlos Mier, plaintiff Jose M Rodriguez, plaintiff Maria P Rodriguez, plaintiff Albertina Zamora, plaintiff Luis Salado-Ramirez, plaintiff Eva Espindola in support of motion to certify class action [16-1] (old) (Entered: 02/10/1993)

LODGED proposed order granting plaintiff's motion for summary judgment (old) (Entered: 02/10/1993)

LODGED proposed order to grant motion for class certification (old) (Entered: 02/10/1993)

LODGED proposed order granting plaintiff's motion for summary judgment (old)

LODGED proposed order to grant motion for class certification (old)

STATUS REPORT by plaintiffs (old) (Entered: 02/12/1993)

STATUS REPORT by defendant Rudolph Valadez, defendant Gene McNary, defendant William P Barr, defendant INS (old) (Entered: 02/17/1993)

EX PARTE APPLICATION for an order resetting hearing on motions for summary judgment and class certification by plaintiff Ana Maria De La Riva, plaintiff Luis Carlos Mier, plaintiff Jose M Rodriguez, plaintiff Maria P Rodriguez, plaintiff Albertina Zamora, plaintiff Luis Arturo Salado-Ramirez, plaintiff Eva Espindola; Memorandum and Exhibits in Support thereof (old) (Entered: 03/11/1993)

LODGED proposed order by plaintiffs ex parte application for an order resetting hearing on motions for summary judgment and class certification (old) (Entered: 03/11/1993)

LODGED proposed order by plaintiffs ex parte application for an order resetting hearing on motions for summary judgment and class certification (old)

DECLARATION of Nancy Martinez, Maria Flores (old) (Entered: 03/18/1993)

NOTICE of hearing ; Scheduling Conference reset to 5/14/93 at 10:30 ( cc: all counsel) (old) (Entered: 03/31/1993)

MEMORANDUM IN OPPOSITION by defendant Rudolph Valadez, defendant Gene McNary, defendant William P Barr, defendant INS to plaintiffs' motion for summary judgment [13-1] (old) (Entered: 04/30/1993)

RESPONSE by defendant Rudolph Valadez, defendant Gene McNary, defendant William P Barr, defendant INS to plaintiffs' motion to certify class action [16-1] (old) (Entered: 05/03/1993)

REPLY by plaintiff Ana Maria De La Riva, plaintiff Luis Carlos Mier, plaintiff Jose M Rodriguez, plaintiff Maria P Rodriguez, plaintiff Albertina Zamora, plaintiff Luis Arturo Salado-Ramirez, plaintiff Eva Espindola to defendants' opposition to plaintiffs' motion to certify class action [16-1] (old) (Entered: 05/07/1993)

REPLY MEMORANDUM by plaintiff class in SUPPORT OF motion for summary judgment [13-1] (old) (Entered: 05/10/1993)

DECLARATION of Valdemar Sobrevilla Jr (old) (Entered: 05/12/1993)

MINUTES of Status/Motion Hearing before Judge Edward J Garcia GRANTING in part defendants' motion for summary judgment [13-1] ; Scheduling Conference continued to 9:30 on 6/11/93 ; Parties directed to meet and confer on notification to class by COB 5/19/93 C/R: James Vine (old) (Entered: 05/14/1993)

ORDER AFTER HEARING by Judge Edward J Garcia GRANTING plaintiff's motion to certify class action [16-1], GRANTING in part plaintiff's motion for summary judgment [13-1] as to the 1st and 2nd causes of action; Plaintiffs' claims for declaratory relief are not moot and the court finds there is a reasonable expectation the alleged violations will continue to recur and that interim events have not completely and irrevocably eradicated the effects of the alleged violations AND the court ORDERS for PERMANENT INJUNCTION ordering the INS to stop accepting applications for replacment "Green Cards" pursuant to the June 1992 Notice and ordering the INS to refund the application fees to those class members who already paid the fees pursuant to the June 1992 Notice; In light of the court's ruling on the first and second causes of action, the plaintiffs are effectively afforded all the relief they seek in this lawsuit, with the exception of a declaration as to validity of the June 1992 Notice ; Scheduling Conference continued to 9:30 on 6/11/93 (cc: all counsel) (old) (Entered: 05/17/1993)

LODGED Document RE Class Certification of 2/10/93; Not to be signed; Court will prepare order (old) (Entered: 05/18/1993)

LODGED Document 2/10/93 RE proposed order granting plaintiff's motion for summary judgment; Not to be signed, court to prepare order (old) (Entered: 05/18/1993)

SERVICE by publication upon plaintiff's counsel on 5/13/93 (old) (Entered: 05/19/1993)

NOTICE of addition of attorney Lucas Guttentag as an additional attorney of record for plaintiffs (old) (Entered: 05/26/1993)

ORDER by Judge Edward J Garcia DEFINING class action such as all persons who were issued an Alien Registration Receipt Card, Form I-151, or a predecessor document evidencing lawful permanent resident alien status, and who have applied or who will apply for a replacement card on or after June 26, 1992 solely in reliance upon INS' "green card" replacement program announced by Federal Register Notice of June 26, 1992 AND contrary to Plaintiff's assertions the court did not rule that the INS has no right to charge a fee under any circumstances for a replacement green card. Such a broad question is not presented by plaitiffs' lawsuit (cc: all counsel) (old) (Entered: 06/02/1993)

NOTICE OF MOTION AND MOTION by defendant Rudolph Valadez, defendant Gene McNary, defendant William P Barr, defendant INS to amend or alter judgment ; motion to be heard 9:00 on 9/10/93 before EJG (old) (Entered: 06/03/1993)

MEMORANDUM of POINTS AND AUTHORITIES by defendant Rudolph Valadez, defendant Gene McNary, defendant William P Barr, defendant INS in support of motion to amend or alter judgment [35-1] (old) (Entered: 06/03/1993)

STATUS REPORT; EXHIBIT by plaintiff Ana Maria De La Riva, plaintiff Luis Carlos Mier, plaintiff Jose M Rodriguez, plaintiff Maria P Rodriguez, plaintiff Albertina Zamora, plaintiff Luis Arturo Salado-Ramirez, plaintiff Eva Espindola (old) (Entered: 06/07/1993)

SUPPLEMENTAL STATUS REPORT by defendants (old) (Entered: 06/07/1993)

TRANSCRIPT of 5/14/93 Motion for Summary Judgment. class certification (old) (Entered: 06/08/1993)

MINUTES of Status Conference before Judge Edward J Garcia ; Scheduling Conference continued to 9:00 on 9/10/93 ; Court directs parties to meet and confer re plan of refund or Government to file a formal motion for stay; plaintiffs have 2 weeks to respond and matter is submitted; Court will entertain parties' motions for earlier hearing dates C/R: n/a (old) (Entered: 06/11/1993)

LODGED stipulation re the stay of the court order of 5/17/93 and proposed order thereon (old) (Entered: 06/25/1993)

LODGED stipulation re the stay of the court order of 5/17/93 and proposed order thereon (old)

STIPULATION and ORDER by Judge Edward J Garcia ORDERING that pending the court's ruling on defendants' motion to alter or amend the judgment, that aspect of the court's order requiring the IRS to refund the application fees held in abeyance (cc: all counsel) (old) (Entered: 06/29/1993)

NOTICE of hearing setting hearing on motion to amend or alter judgment [35-1] 9:00 9/3/93 ; Scheduling Conference reset to 9:00 on 9/3/93 ( cc: all counsel) (old) (Entered: 07/01/1993)

SUPPLEMENTAL DECLARATION of Lawrence J Weinig (old) (Entered: 07/13/1993)

LODGED stipulation re extension of hearing date, briefing schedule and discovery (old) (Entered: 07/20/1993)

LODGED stipulation re extension of hearing date, briefing schedule and discovery (old)

STIPULATION and ORDER by Judge Edward J Garcia setting hearing on motion to amend or alter judgment [35-1] 1:30 9/20/93; plaintiffs shall serve response by 9/8/93; Replies filed by 9/13/93; Supplemental joint briefing on the IOAA issue will be filed by 9/8/93 (cc: all counsel) (old) (Entered: 07/22/1993)

DEPOSITION of Kenneth W Rath taken on the following date(s): 8/23/93 (old) (Entered: 09/10/1993)

DEPOSITION of Lawrence J Weinig taken on the following date(s): 8/23/93 (old) (Entered: 09/10/1993)

DEPOSITION of Susan S Jacobs taken on the following date(s): 8/25/93 (old) (Entered: 09/10/1993)

DEPOSITION of Barbara J Atherton taken on the following date(s): 8/25/93 (old) (Entered: 09/10/1993)

DEPOSITION of Lawrence J Weinig taken on the following date(s): 8/26/93 (old) (Entered: 09/10/1993)

DEPOSITION of Katherine P Ripley taken on the following date(s): 8/26/93 (old) (Entered: 09/10/1993)

MEMORANDUM by plaintiff Ana Maria De La Riva, plaintiff Luis Carlos Mier, plaintiff Jose M Rodriguez, plaintiff Maria P Rodriguez, plaintiff Albertina Zamora, plaintiff Luis Arturo Salado-Ramirez, plaintiff Eva Espindola in opposition to motion to amend or alter judgment [35-1] (old) (Entered: 09/10/1993)

REPLY by defendant Rudolph Valadez, defendant Gene McNary, defendant William P Barr, defendant INS to response to motion to amend or alter judgment [35-1] (old) (Entered: 09/14/1993)

DEPOSITION of Kenneth W Rath taken on the following date(s): 8/23/93 (old) (Entered: 09/16/1993)

DEPOSITION of Lawrence J Weinig taken on the following date(s): 8/23/93 (old) (Entered: 09/16/1993)

DEPOSITION of Barbara J Atherton taken on the following date(s): 8/25/93 (old) (Entered: 09/16/1993)

DEPOSITION of Susan S Jacobs taken on the following date(s): 8/25/93 (old) (Entered: 09/16/1993)

DEPOSITION of Katherine P Ripley taken on the following date(s): 8/26/93 (old) (Entered: 09/16/1993)

DEPOSITION of Lawrence J Weinig taken on the following date(s): 8/26/93 (old) (Entered: 09/16/1993)

MINUTES of Motion to Amend Judgment before Judge Edward J Garcia: plaintiff's motion for preliminary injunction is set for 11/5/93 at 9:00 am; court stays order for refund to 11/5/93 C/R: Lori Latz (old) (Entered: 09/20/1993)

ORDER AFTER HEARING by Honorable Lawrence K Karlton ORDERING: STAYING part of the court's 5/17/93 order requiring defendants to refund monies collected under the unlawful "7/92 Notice," pending amendment and resolution of plaintiffs' third cause of action ; plaintiffs' motion for preliminary injunction is scheduled for hearing 11/5/93 at 9am (cc: all counsel) (old) (Entered: 09/24/1993)

MOTION by plaintiff for preliminary injunction relief ; set for 11/5/93 at 9am (old) (Entered: 10/12/1993)

MEMORANDUM by plaintiffs in support of motion for preliminary injunction relief [61-1] (old) (Entered: 10/12/1993)

Plaintiffs' EXHIBITS in support of moiton for preliminary injunctive relief [61-1] (old) (Entered: 10/12/1993)

MOTION by plaintiff for modification of class ;se t for 11/5/93 at 9am (old) (Entered: 10/12/1993)

MEMORANDUM by plaintiffs in support of motion for modification of class [64-1] (old) (Entered: 10/12/1993)

DEPOSITION of Michael L Aytes taken on the following date(s): 8/24/93 (old) (Entered: 10/12/1993)

SECOND AMENDED COMPLAINT [6-1] by plaintiffs; complaint class action (old) (Entered: 10/12/1993)

LODGED Order granting plaintiffs' motion for preliminary injunctive relief (proposed) (old) (Entered: 10/12/1993)

LODGED proposed Ordere Modifying Class (old) (Entered: 10/12/1993)

LODGED Order granting plaintiffs' motion for preliminary injunctive relief (proposed) (old)

LODGED proposed Ordere Modifying Class (old)

DECLARATION of Angelita Esparza and Concha Gonzalez (original signature pages) (old) (Entered: 10/14/1993)

ORDER by Judge Edward J Garcia STRIKING amended complaint [67-1]; plaintiff is DIRECTED to obtain a stipulation from defendants pursuant to FRCP 15(a) or file a motion to amend and notice it for hearing (cc: all counsel) (old) (Entered: 10/14/1993)

MOTION by plaintiff Ana Maria De La Riva, plaintiff Luis Carlos Mier, plaintiff Jose M Rodriguez, plaintiff Maria P Rodriguez, plaintiff Albertina Zamora, plaintiff Luis Arturo Salado-Ramirez, plaintiff Eva Espindola for leave to file second amended complaint ; set for 11/5/93 at 9:00am (old) (Entered: 10/21/1993)

MEMORANDUM by plaintiff in support of motion for leave to file second amended complaint [70-1] (old) (Entered: 10/21/1993)

APPLICATION by plaintiffs for order shortening time on plaintiffs' moiton for leave to file amended complaint; set for 11/5/93 at 9:00am (old) (Entered: 10/21/1993)

LODGED order granting leave to file second amended complaint (old) (Entered: 10/21/1993)

LODGED order shortening time on plaintiffs' motion for leave to file amended complaint (old) (Entered: 10/21/1993)

LODGED Second Amended Complaint (old) (Entered: 10/21/1993)

LODGED order granting leave to file second amended complaint (old)

LODGED order shortening time on plaintiffs' motion for leave to file amended complaint (old)

LODGED Second Amended Complaint (old)

RESPONSE by defendant Rudolph Valadez, defendant Gene McNary, defendant William P Barr, defendant INS to motion for modification of class [64-1] (old) (Entered: 10/25/1993)

MEMORANDUM by defendant Rudolph Valadez, defendant Gene McNary, defendant William P Barr, defendant INS in opposition to motion for preliminary injunction relief [61-1] (old) (Entered: 10/25/1993)