Case: Gete v. INS

2:94-cv-00881 | U.S. District Court for the Western District of Washington

Filed Date: June 10, 1994

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On June 10, 1994, a group of plaintiffs whose vehicles had been seized and forfeited by the INS for alleged violations of federal immigration law, after they entered the U.S. from Canada without permission, filed a class action lawsuit in the United States District Court for the Western District of Washington to challenge the seizure and forfeiture proceedings and obtain return of their vehicles.On an March 21, 1995, the District Court for (Judge Carolyn R. Dimmick) denied class certification a…

On June 10, 1994, a group of plaintiffs whose vehicles had been seized and forfeited by the INS for alleged violations of federal immigration law, after they entered the U.S. from Canada without permission, filed a class action lawsuit in the United States District Court for the Western District of Washington to challenge the seizure and forfeiture proceedings and obtain return of their vehicles.

On an March 21, 1995, the District Court for (Judge Carolyn R. Dimmick) denied class certification and granted summary judgment for the government, finding: (1) the court lacked subject matter jurisdiction and (2) the plaintiffs waived any challenge to the forfeiture proceedings because they pursued administrative proceedings. Plaintiffs appealed.

The Court of Appeals for the Ninth Circuit (Judge Stephen Reinhardt) reversed and remanded the case. It held that the INA, 8 U.S.C. § 1324(b), allowed for forfeiture of vehicles only when the vehicles were used to transport undocumented aliens and not merely because the vehicle entered the U.S. without permission. Moreover, since plaintiffs raised a constitutional challenge to the INS procedures, the case could properly be brought in federal court. Gete v. Immigration and Naturalization Service, 121 F.3d 1285, 1 (9th Cir. 1997).

On remand, the District Court (Judge Thomas S. Zilly) certified the case as a class action, but declined to establish a nationwide class, instead limiting the class in geographic scope. Judge Zilly also entered a preliminary injunction. Gete v. Immigration and Naturalization Service, 1999 U.S. Dist. LEXIS 11806 (W.D. WA July 22, 1999). The government appealed.

The appeal was dismissed and settlement negotiations were pursued. The parties eventually reached a resolution of the case. Judge Zilly formally approved the settlement on December 5, 2000 and the case was dismissed without prejudice. Under the terms of the settlement, the INS agreed to change its seizure and forfeiture policies and implement new training protocols. Sections regarding Mitigation Guidance and Probable Cause were to be added to the INS Conveyance Seizure Manual. [See documents in our collection for this case].

Summary Authors

Brian Ponton (8/31/2007)

People


Judge(s)

Reinhardt, Stephen Roy (California)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Pauw, Robert (Washington)

Attorneys(s) for Defendant

DePaolo, Carmene Zsa Zsa (Washington)

Funk, Stephen W. (District of Columbia)

Hopkins, David B. (Washington)

Johnson, Stanley (District of Columbia)

Laverty, Dana C (Washington)

Michaels, William E. (District of Columbia)

Pickrell, Christopher Lee (Washington)

Judge(s)

Reinhardt, Stephen Roy (California)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Pauw, Robert (Washington)

Attorneys(s) for Defendant

DePaolo, Carmene Zsa Zsa (Washington)

Funk, Stephen W. (District of Columbia)

Hopkins, David B. (Washington)

Johnson, Stanley (District of Columbia)

Laverty, Dana C (Washington)

Michaels, William E. (District of Columbia)

Pickrell, Christopher Lee (Washington)

Robinson, Michael Eugene (District of Columbia)

Unumb, Lorri Shealy (District of Columbia)

Wilson, Earle B. (District of Columbia)

Documents in the Clearinghouse

Document

2:94-cv-00881

Docket (PACER)

June 10, 1994

June 10, 1994

Docket

95-35408

Appellate Docket (PACER)

U. S. Court of Appeals for the Ninth Circuit

May 2, 1995

May 2, 1995

Docket

2:94-cv-00881

INS Conveyance Seizure Manual: Probable Cause

No Court

Dec. 30, 1993

Dec. 30, 1993

Internal memorandum

95-35408

Opinion

U. S. Court of Appeals for the Ninth Circuit

121 F.3d 1285, 1997 U.S.App.LEXIS 20008

Aug. 4, 1997

Aug. 4, 1997

Order/Opinion
84

2:94-cv-00881

Opinion

1999 U.S.Dist.LEXIS 11806

July 22, 1999

July 22, 1999

Order/Opinion

2:94-cv-00881

INS Conveyance Seizure Manual: Mitigation Guidance

No Court

Oct. 31, 2000

Oct. 31, 2000

Internal memorandum

2:94-cv-00881

Notice Of Opportunity to Reconsider Forfeture(Aug. 6, 2001)

No Court

Aug. 6, 2001

Aug. 6, 2001

Notice Letter

2:94-cv-00881

Joint Stipulation Regarding Settlement and Request to Remove Case from Litigation Calendar

June 29, 2002

June 29, 2002

Settlement Agreement

Resources

Docket

Last updated Aug. 6, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (class action) (Summons(es) issued) Receipt # 215298 (dktclk) (Entered: 06/14/1994)

June 10, 1994

June 10, 1994

2

AFFIDAVIT OF SERVICE upon defendant INS, defendant Stanley Johnson, defendant USA of summons/complaint on 6/15/94 (dktclk) (Entered: 06/16/1994)

June 15, 1994

June 15, 1994

3

NOTICE OF SPECIAL ATTORNEY APPEARANCE for defendant USA by Christopher Lee Pickrell, David B Hopkins, Carmene Zsa Zsa DePaolo (dktclk) (Entered: 07/15/1994)

July 13, 1994

July 13, 1994

4

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 9/19/94 (cc: all counsel) (dktclk) (Entered: 07/19/1994)

July 19, 1994

July 19, 1994

5

MOTION by plaintiffs to fle overlength brief noted for 8/12/94 (dktclk) (Entered: 07/29/1994)

July 28, 1994

July 28, 1994

6

MOTION by plaintiffs to shorten time on motion to fle overlength brief [5-1] noted for 8/1/94 (dktclk) (Entered: 07/29/1994)

July 28, 1994

July 28, 1994

8

MOTION by plaintiffs for preliminary injunction noted for 8/19/94 (dktclk) (Entered: 07/29/1994)

July 28, 1994

July 28, 1994

9

MEMORANDUM by plaintiffs in support of motion for preliminary injunction [8-1] (dktclk) (Entered: 07/29/1994)

July 28, 1994

July 28, 1994

10

Plaintiffs' First Set of EXHIBITS 1-17 (dktclk) (Entered: 07/29/1994)

July 28, 1994

July 28, 1994

LODGED ORDER: re: motion for preliminary injunction [8-1] (dktclk) (Entered: 07/29/1994)

July 28, 1994

July 28, 1994

11

AFFIDAVIT OF SERVICE by plaintiffs of motion to fle overlength brief [5-1], etc. (dktclk) (Entered: 07/29/1994)

July 28, 1994

July 28, 1994

7

MINUTE ORDER: by Judge Carolyn R. Dimmick; plts request for leave to file an overlength brief is GRANTED and the 55 page brief is hereby filed. Defts may file a response in like length. [5-1] [6-1], motion to fle overlength brief [5-1] (cc: counsel, Judge) (dktclk) (Entered: 07/29/1994)

July 29, 1994

July 29, 1994

12

STIPULATION and ORDER Establishing Briefing Schedule, etc. by Judge Carolyn R. Dimmick; renoting plts motion for preliminary injunction for 9/16/94 [8-1] (cc: counsel, Judge) (dktclk) (Entered: 08/02/1994)

Aug. 2, 1994

Aug. 2, 1994

14

MEMORANDUM by plaintiffs in support of motion for class certification [13-1] (dktclk) (Entered: 08/08/1994)

Aug. 5, 1994

Aug. 5, 1994

15

NOTICE by plaintiffs of filing exhibit #16 (dktclk) (Entered: 08/09/1994)

Aug. 8, 1994

Aug. 8, 1994

LODGED ORDER: re: motion for class certification [13-1] (dktclk) (Entered: 08/09/1994)

Aug. 8, 1994

Aug. 8, 1994

16

ANSWER to complaint [1-1] by defendant INS, defendant Stanley Johnson, defendant USA (dktclk) (Entered: 08/16/1994)

Aug. 15, 1994

Aug. 15, 1994

17

AMENDED ANSWER [16-1] by defendants (dktclk) (Entered: 08/23/1994)

Aug. 22, 1994

Aug. 22, 1994

18

MEMORANDUM IN OPPOSITON (RESPONSE) by defendant INS to motion for class certification [13-1] (dktclk) (Entered: 08/23/1994)

Aug. 22, 1994

Aug. 22, 1994

19

CROSS MOTION by defendant INS to dismiss or for sum jgmt; ORAL ARGUMENT REQ'D noted for 9/16/94 (dktclk) (Entered: 08/23/1994)

Aug. 22, 1994

Aug. 22, 1994

20

MEMORANDUM IN OPPOSITION (RESPONSE) by defendant INS to motion for preliminary injunction [8-1] AND IN SUPPORT OF motion to dismiss or for sum jgmt [19-1] (dktclk) (Entered: 08/23/1994)

Aug. 22, 1994

Aug. 22, 1994

21

EXHIBITS PART 1 re: motion to dismiss or for sum jgmt [19-1] (dktclk) (Entered: 08/23/1994)

Aug. 22, 1994

Aug. 22, 1994

22

EXHIBITS PART 2 re: motion to dismiss or for sum jgmt [19-1] (dktclk) (Entered: 08/23/1994)

Aug. 22, 1994

Aug. 22, 1994

23

AFFIDAVIT OF SERVICE by defendant INS of amended answer [17-1], etc. (dktclk) (Entered: 08/23/1994)

Aug. 22, 1994

Aug. 22, 1994

24

REPLY (RESPONSE) by plaintiffs to motion to dismiss or for sum jgmt [19-1] (dktclk) (Entered: 09/13/1994)

Sept. 9, 1994

Sept. 9, 1994

25

EXHIBITS Numbers 18-22 re: motion response [24-1] (dktclk) (Entered: 09/13/1994)

Sept. 9, 1994

Sept. 9, 1994

26

PRAECIPE: by plaintiffs to attach enclosed declaration to be exhibit 10 (pages 148-152 of plts exhibits filed 7/28/94 [10-1]; attached per praecipe. (dktclk) (Entered: 09/15/1994)

Sept. 12, 1994

Sept. 12, 1994

27

REPLY by plaintiff TO Defts MEMORANDUM OPPOSING motion for preliminary injunction [8-1] (dktclk) (Entered: 09/16/1994)

Sept. 15, 1994

Sept. 15, 1994

28

EXHIBITS 23- 25 re: motion reply [27-1] (dktclk) (Entered: 09/16/1994)

Sept. 15, 1994

Sept. 15, 1994

29

REPLY BRIEF by defendant INS re: cross-motion to dismiss or for summary judgment [19-1] (dktclk) (Entered: 09/16/1994)

Sept. 15, 1994

Sept. 15, 1994

30

PLAINTIFFS REPLY by plaintiffs to Defts memorandum opposing class certification [13-1] (dktclk) (Entered: 09/19/1994)

Sept. 15, 1994

Sept. 15, 1994

32

LETTER by plaintiffs to confirm extending filing of joint status report to 10/24/94. (dktclk) (Entered: 09/20/1994)

Sept. 20, 1994

Sept. 20, 1994

33

LETTER by plaintiffs to confirm extending filing of joint status report to 11/28/94 (dktclk) (Entered: 10/25/1994)

Oct. 22, 1994

Oct. 22, 1994

ENT- Oral arg. pltf's mot. for prel. Inj. & on defts' mot. to dismiss or for s.j. set for Tues. 11-8-94 at 2 pm. Cnsl. advised. (EM) (Entered: 10/26/1994)

Oct. 26, 1994

Oct. 26, 1994

34

MINUTES - Oral Argument on Pltfs' Mtn for Prel Inj/ Dfts' Mtn to Dismiss: CRD; Dep Clerk: E McGregor; CR: Teri Hendrix; attys Pauw, Free, Gibbs, Pickrell, Paola. Court hears argument. Takes matters under submission. Order will be issued. (dktclk) (Entered: 11/09/1994)

Nov. 8, 1994

Nov. 8, 1994

35

ORDER by Judge Carolyn R. Dimmick DENYING motion for class certification and preliminary injunction [13-1] (cc: counsel, Judge) (dktclk) (Entered: 11/18/1994)

Nov. 18, 1994

Nov. 18, 1994

36

Letter of confirmation re EXTENSION by plaintiffs for filing of joint status report to 2/20/95 (dktclk) (Entered: 11/29/1994)

Nov. 29, 1994

Nov. 29, 1994

37

STIPULATION re extension of time & proposed order (dktclk) (Entered: 12/06/1994)

Dec. 6, 1994

Dec. 6, 1994

LODGED ORDER: re: stipulation [37-1] (dktclk) (Entered: 12/06/1994)

Dec. 6, 1994

Dec. 6, 1994

38

ORDER by Judge Walter T. McGovern that parties shall file additional briefs and affidavits as descirbed in the Court's 11/18/94 order, on or before 1/17/95. (cc: counsel, Judge) (dktclk) (Entered: 12/07/1994)

Dec. 7, 1994

Dec. 7, 1994

39

INS's DECLARATIONS by defendant INS (dktclk) (Entered: 01/17/1995)

Jan. 17, 1995

Jan. 17, 1995

40

SUPPLEMENTAL Memorandum re procedural due process by defendant INS (dktclk) (Entered: 01/17/1995)

Jan. 17, 1995

Jan. 17, 1995

41

AFFIDAVIT OF SERVICE by defendant INS of declaration [39-1], etc. (dktclk) (Entered: 01/17/1995)

Jan. 17, 1995

Jan. 17, 1995

42

MEMORANDUM re minimal due process in forfeiture proceedings by plaintiffs (dktclk) (Entered: 01/18/1995)

Jan. 17, 1995

Jan. 17, 1995

43

EXTENSION CONFIRMATION by plaintiff ; joint status report ddl extended to 4/17/95 (RS) (Entered: 02/23/1995)

Feb. 23, 1995

Feb. 23, 1995

44

ORDER GRANTING Defts motion re procedural due process & dismissing action by Judge Carolyn R. Dimmick (cc: counsel, Judge) (dktclk) (Entered: 03/21/1995)

March 21, 1995

March 21, 1995

45

JUDGMENT: Decision by Court. It is ordered and adjuged that defts motin is GRANTED & plas' cause of action is dismissed for lack of subject matter jurisdiction (cc: counsel, Judge, Jgm. Book) Entered on: 3/21/95 (dktclk) (Entered: 03/21/1995)

March 21, 1995

March 21, 1995

APPEAL FEE RECEIVED: fee in amount of $ 105 ( Receipt # 223091) (dktclk) (Entered: 04/27/1995)

April 20, 1995

April 20, 1995

NOTIFICATION by Circuit Court of Appellate Docket Number 95-35408 (dktclk) (Entered: 05/15/1995)

May 8, 1995

May 8, 1995

47

TIME SCHEDULE ORDER (CCA) Appellant shall notify appellee of transcripts to be ordered by 5/1/95; appellee shall notify appellant of any additional transcripts needed by 5/10/95; appellant shall file transcript order form w/ the DC and make payment arrangements by 5/22/95; CR shall file transcript in DC by 6/20/95; Opening brf due 8/7/95; appellee brf due 9/5/95; optional reply brf due w/in 14 days of service of the appellee's brf. (dktclk) (Entered: 05/15/1995)

May 8, 1995

May 8, 1995

48

TRANSCRIPT DESIGNATION and Ordering Form for dates: 11/8/94 (dktclk) (Entered: 05/24/1995)

May 10, 1995

May 10, 1995

49

TRANSCRIPT FILED, Transcript of Proceedings on 11/8/94 before CRD; CR: Hendrix (dktclk) (Entered: 06/08/1995)

June 6, 1995

June 6, 1995

CERTIFICATE OF RECORD Transmitted to USCA (cc: all counsel) (dktclk) (Entered: 06/08/1995)

June 8, 1995

June 8, 1995

50

ORDER (CCA) 95-35408 Appellant's motion for an extention of time to file the opening brief is granted. On or before August 28, 1995, appellants shall submit either an original and 15 copies of a brief of 35 pages or less or (2) a single draft lf any brief exceeding the page limits of Ninth Circuit Rule 28-3.1. If the draft is submitted, the remainder of briefing will be re-set upon review of the draft and the motion for relief from Rule 28.3-1. If a brief of 35 pages or less is filed, the answering brief shall be due September 27, 1995 and the optional reply brief shall be due 14 days from service of the answering brief. (dktclk) (Entered: 08/01/1995)

July 25, 1995

July 25, 1995

51

ORDER (CCA) 95-35408 Appellant's motion for leave to file an opening brief exceeding the page limits of 9th Cir. R. 28-3.1 is granted inpart. On or before November 7, 1995, appellant shall submit an opening brief not to exceed 40 pages. Upon reciept of the 40-page opening brief, the brief received August 30, 1995 shall be discarded. Appellees' brief is due December 7, 1995. The optional reply brief is due 14 days from service of the answering brief. (dktclk) (Entered: 11/01/1995)

Oct. 30, 1995

Oct. 30, 1995

CLERK'S RECORD ON APPEAL transmitted to Circuit (dktclk) (Entered: 05/29/1996)

May 29, 1996

May 29, 1996

52

MANDATE (95-35408) from Circuit Court of Appeals REVERSING AND REMANDING THE DECISION of the District Court [Appeal [46-1] (cc: CRD, all counsel) Opinion attached. (dktclk) Modified on 11/12/1997 (Entered: 11/10/1997)

Nov. 8, 1997

Nov. 8, 1997

RECORD ON APPEAL returned from U.S. Court of Appeals (4 volumes total) (dktclk) (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

53

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 5/18/98 (cc: counsel, Judge) (KERR) (Entered: 03/03/1998)

March 3, 1998

March 3, 1998

54

SUBSTITUTION OF COUNSEL on behalf of USA, Stanley Johnson, INS substituting Stephen W Funk, Dana C Laverty and terminating attorney David B Hopkins and Carmene Zsa Zsa DePaolo (KERR) (Entered: 03/25/1998)

March 20, 1998

March 20, 1998

55

EXTENSION by defendant ; joint status report ddl extended to 6/1/98 (KERR) (Entered: 05/18/1998)

May 15, 1998

May 15, 1998

56

MINUTE ORDER: by Judge Carolyn R. Dimmick Case reassigned to Judge Thomas S. Zilly . The cause number is changed to read C94-881Z (cc: counsel, CRD, TSZ, CC, Intake) (KERR) (Entered: 05/28/1998)

May 28, 1998

May 28, 1998

PROPOSED STIPULATION & ORDER EXTENDING DUE DATE FOR JSR (dktclk) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

57

STIPULATION and ORDER by Judge Thomas S. Zilly. Joint status report ddl extended to 7/1/98 (cc: counsel, Judge, C.C.) (dktclk) (Entered: 06/02/1998)

June 2, 1998

June 2, 1998

58

JOINT STATUS REPORT filed by all parties. (dktclk) (Entered: 07/02/1998)

July 1, 1998

July 1, 1998

59

MINUTE ORDER: by Judge Thomas S. Zilly. Status hrg set for 11:00 9/2/98 (cc: counsel, Judge) (dktclk) (Entered: 08/24/1998)

Aug. 21, 1998

Aug. 21, 1998

PROPOSED STIPULATION & ORDER RE-SETTING STATUS CONFERENCE (dktclk) (Entered: 08/28/1998)

Aug. 27, 1998

Aug. 27, 1998

60

STIPULATION and ORDER by Judge Thomas S. Zilly. Status hrg continued to 3:00 10/16/98 (cc: counsel, Judge, C.C.) (dktclk) (Entered: 08/31/1998)

Aug. 31, 1998

Aug. 31, 1998

61

MINUTES OF STATUS CONF: TSZ; Dep Clerk: C Condon; cnsl present: Dana Laverty, Chris Pickrell, Bill Briquet and Robert Pauw ; the mtn for class certification due 11/19/98; discovery ddl 7/30/99 ; dispositive mtn ddl 7/30/99; trial set for 10/12/99 (RS) (Entered: 10/20/1998)

Oct. 16, 1998

Oct. 16, 1998

62

ORDER RE: SCHEDULING & OTHER PRETRIAL MATTERS by Judge Thomas S. Zilly. Discovery ddl set for 6/30/99; Mtn filing ddl set for 7/30/99; Pretrial order ddl set for 9/22/99; Pretrial conf set for 3:00 9/24/99 ; Trial brief ddl set for 10/7/99; Trial set for 10/12/99 Motions in Limine deadline set for 9/10/99; Deadline to Join Additional Parties set for 12/21/98. Disclose Expert Witnesses deadline set for 4/30/99; Disclose Rebuttal Expert Witnesses deadline set for 5/28/99. (cc: counsel, Judge) (dktclk) (Entered: 11/05/1998)

Nov. 4, 1998

Nov. 4, 1998

63

ORDER by Judge Thomas S. Zilly. 39.1 designation set for 6/30/99 (cc: counsel, Judge) (dktclk) (Entered: 11/05/1998)

Nov. 4, 1998

Nov. 4, 1998

65

MEMORANDUM by plaintiff John Lackner, plaintiff Ravinder Maan et al in support of motion to certify class action [64-1] (dktclk) (Entered: 11/20/1998)

Nov. 19, 1998

Nov. 19, 1998

66

MOTION by plaintiff John Lackner, plaintiff Ravinder Maan et al for preliminary injunction NOTED FOR 12/11/98 (dktclk) (Entered: 11/20/1998)

Nov. 19, 1998

Nov. 19, 1998

67

MEMORANDUM by plaintiff John Lackner, plaintiff Ravinder Maan et al in support of motion for preliminary injunction [66-1] (dktclk) (Entered: 11/20/1998)

Nov. 19, 1998

Nov. 19, 1998

68

SUPPLEMENTAL EXHIBITS No 26-28 re: motion for preliminary injunction [66-1] (dktclk) (Entered: 11/20/1998)

Nov. 19, 1998

Nov. 19, 1998

LODGED ORDER: re: motion for preliminary injunction [66-1] (dktclk) (Entered: 11/20/1998)

Nov. 19, 1998

Nov. 19, 1998

69

AFFIDAVIT OF SERVICE by plaintiff John Lackner, plaintiff Ravinder Maan of motion for preliminary injunction [66-1] etc (dktclk) (Entered: 11/20/1998)

Nov. 19, 1998

Nov. 19, 1998

70

RESPONSE(Opposition) by defendant INS to motion to certify class action [64-1] (dktclk) (Entered: 12/11/1998)

Dec. 8, 1998

Dec. 8, 1998

71

RESPONSE(Opposition) by defendant INS to motion for preliminary injunction [66-1] (dktclk) (Entered: 12/11/1998)

Dec. 8, 1998

Dec. 8, 1998

72

AFFIDAVIT OF SERVICE by defendant INS of motion response re: mtn for preliminary injunction [70-1] etc (dktclk) (Entered: 12/11/1998)

Dec. 8, 1998

Dec. 8, 1998

PROPOSED STIPULATION & ORDER TO RENOTE MTNS & TO ALLOW OVERLENGTH BRIEFS (dktclk) (Entered: 12/10/1998)

Dec. 9, 1998

Dec. 9, 1998

73

STIPULATION and ORDER by Judge Thomas S. Zilly. The following mtns shall be renoted to 12/25/98: motion for preliminary injunction [66-1] AND motion to certify class action [64-1] (cc: counsel, Judge) (dktclk) (Entered: 12/14/1998)

Dec. 10, 1998

Dec. 10, 1998

74

REPLY by plaintiff John Lackner, plaintiff Ravinder Maan to INS opposition to motion for preliminary injunction [66-1]. Exhibits attached. (dktclk) (Entered: 12/28/1998)

Dec. 24, 1998

Dec. 24, 1998

75

REPLY by plaintiff John Lackner, plaintiff Ravinder Maan re: motion to certify class action [64-1] (dktclk) (Entered: 12/28/1998)

Dec. 24, 1998

Dec. 24, 1998

76

MINUTE ORDER: by Judge Thomas S. Zilly. Ct schedules ORAL ARGUMENT for 3/25/99 at 10:30 a.m. The Clerk is directed to RENOTE THE FOLLOWING MTNS TO 3/25/99: motion for preliminary injunction [66-1] AND motion to certify class action [64-1]. (cc: counsel, Judge) (dktclk) (Entered: 02/24/1999)

Feb. 24, 1999

Feb. 24, 1999

77

RESPONSE (SUPPLEMENTAL) by defendants to (pending motions:) motion for preliminary injunction [66-1], motion to certify class action [64-1] (CL) Modified on 03/17/1999 (Entered: 03/17/1999)

March 16, 1999

March 16, 1999

78

PRAECIPE: by defendants asking the Court to attach enclosed transcripts and exhibits to motion response [77-1] (CL) (Entered: 03/18/1999)

March 17, 1999

March 17, 1999

LODGED ORDER: stip and order extending due date for JSR (RS) (Entered: 05/21/1999)

May 20, 1999

May 20, 1999

80

STIPULATION and ORDER by Judge Thomas S. Zilly. The following (2) pending motions are RENOTED FOR 7/1/99: motion for preliminary injunction [66-1] and motion to certify class action [64-1] . Joint status report ddl is rescheduled for 7/1/99 (cc: counsel, Judge, CC) (CL) (Entered: 05/24/1999)

May 24, 1999

May 24, 1999

81

JOINT STATUS REPORT filed by all parties. (CL) (Entered: 07/06/1999)

July 1, 1999

July 1, 1999

82

AMENDED ORDER RE: SCHEDULING AND OTHER PRETRIAL MATTERS by Judge Thomas S. Zilly: discovery ddl is set for 11/17/99 ; mtn filing ddl set for 11/18/99 ; pretrial order ddl set for 1/25/00 ; pretrial conf set for 1/28/00 at 3:00 pm ; trial brief ddl set for 2/9/00 ; trial set for 2/14/00 , Motions in Limine deadline 1/13/00 ; Deadline to Join Additional Parties is <date not set> ; Disclose Expert Witnesses by 9/17/99 ; Disclose Rebuttal Expert Witnesses by 10/17/99 ; (cc: counsel, Judge) (CL) Modified on 07/21/1999 (Entered: 07/21/1999)

July 13, 1999

July 13, 1999

83

ORDER by Judge Thomas S. Zilly 39.1 deadline is set for 1/17/00 (cc: counsel, Judge) (CL) (Entered: 07/21/1999)

July 13, 1999

July 13, 1999

84

ORDER by Judge Thomas S. Zilly. The Court orders as follows: GRANTS AND DENIES IN PART pltfs' motion to certify class action [64-1]; all persons from 6/10/99 until the date the INS certifies its compliance with this order, (1) who own vehicles that were seized within the INS's Western Region for a violation of the immigration laws, 8 U.S.C. $ 1324(a)-(b); (2) whose vehicles were subjected to administrative forfeiture proceedings by the INS; and (3) who requested a personal interview, and filed a petition for mitigation or remission of forfeiture that was not granted in full. GRANTS AND DENIES IN PART pltfs' motion for preliminary injunction [66-1]; within 30 days from the date of this order the INS shall comply with the following procedures when it seizes vehicles within its Western Region Pursuant to 8 U.S.C. $1324(a)-(b). The INS shall certify to the Court its compliance with these procedures within 60 days of this Order. For a detailed order please refer to document (cc: counsel, Judge) (CL) (Entered: 07/22/1999)

July 21, 1999

July 21, 1999

85

NOTICE OF POSTING BOND by plaintiffs (Cost Bond) posted with USDC on 7/21/99 (CL) (Entered: 07/27/1999)

July 26, 1999

July 26, 1999

LODGED STIPULATION AND ORDER RE DISCLOSURE OF EXPERT WITNESSES (CL) (Entered: 09/17/1999)

Sept. 16, 1999

Sept. 16, 1999

86

STIPULATION and ORDER RE DISCLOSURE OF EXPERT WITNESSES by Judge Thomas S. Zilly : Disclose Expert Witnesses by 11/8/99 ; Disclose Rebuttal Expert Witnesses by 12/8/99 ; (cc: counsel, Judge) (dktclk) (Entered: 09/20/1999)

Sept. 17, 1999

Sept. 17, 1999

NO APPEAL FEE RECEIVED: Government appeal; fee waived. (dktclk) (Entered: 09/21/1999)

Sept. 17, 1999

Sept. 17, 1999

ENT-Civil Appeals Docketing Statement forwarded to Mediator's Office in Seattle. (dktclk) (Entered: 09/21/1999)

Sept. 17, 1999

Sept. 17, 1999

88

CERTIFICATION OF COMPLIANCE WITH PRELIMINARY INJUNCTION re: order [84-1] (CL) (Entered: 09/21/1999)

Sept. 20, 1999

Sept. 20, 1999

APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (dktclk) (Entered: 09/21/1999)

Sept. 21, 1999

Sept. 21, 1999

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 10, 1994

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons within the U.S. whose vehicles have, after 6/10/89, been seized, or may be seized and subjected to forfeiture proceedings, and who have filed or may file an administrative petition for relief from forfeiture.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

General:

Search policies

Immigration/Border:

Border police

Constitutional rights