Case: Brown v. U.S. Customs and Border Protection

3:15-cv-01181 | U.S. District Court for the Northern District of California

Filed Date: March 12, 2015

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On March 12, 2015, five immigration attorneys and thirteen noncitizen individuals filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued U.S. Customs and Border Protection (CBP) under the Freedom of Information Act (FOIA). Represented by Stacy Tolchin, the Northwest Immigrant Rights Project, the National Immigration Project of the National Lawyers Guild, and the American Immigration Council, plaintiffs sought declaratory and injunctive relief…

On March 12, 2015, five immigration attorneys and thirteen noncitizen individuals filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued U.S. Customs and Border Protection (CBP) under the Freedom of Information Act (FOIA). Represented by Stacy Tolchin, the Northwest Immigrant Rights Project, the National Immigration Project of the National Lawyers Guild, and the American Immigration Council, plaintiffs sought declaratory and injunctive relief. They claimed that CBP had failed to timely respond to their or their clients' FOIA requests, in violation of FOIA's statutory requirement for government agencies to respond to requests within 20 business days. Furthermore, the plaintiffs alleged that CBP had a systemic pattern and practice of such delays. The plaintiffs had been waiting for CBP’s response to their FOIA requests for at least seven months and most for more than a year. These delays had, in turn, prevented them from filing for immigration status.

On September 17, 2015, Judge James Donato denied CBP’s Motion to Dismiss, stating that "CBP’s records [as available through FOIA] are critical to noncitizens and their attorneys in evaluating immigration options and the possibility of remaining legally in the United States." 132 F. Supp. 3d 1170 (N.D. Cal. Sept. 17, 2015).

The parties settled, and Judge Donato granted their joint motion to dismiss on September 3, 2016. On September 8, 2016, the parties signed the settlement agreement. During the litigation, CBP had made significant progress in clearing its FOIA backlog from over 30,000 cases to just over 3,000, and had responded to all plaintiffs' requests. The parties agreed that CBP would post its monthly FOIA statistics on its website for three years, and that CBP would pay plaintiffs' attorney fees. The settlement agreement did not explicitly state that it was court-enforceable.

Summary Authors

Ava Morgenstern (1/22/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4495126/parties/brown-v-customs-and-border-protection/


Judge(s)
Attorney for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Adams, Matthew Hyrum (California)

Ahdoot, Robert (California)

Attorney for Defendant

Barghaan, Dennis Carl (California)

Bergman, Jacob Max (California)

Judge(s)

Corley, Jacqueline Scott (California)

Donato, James (California)

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Documents in the Clearinghouse

Document

3:15-cv-01181

Docket [PACER]

Brown v. Customs and Border Protection

Oct. 3, 2016

Oct. 3, 2016

Docket
1

3:15-cv-01181

Complaint for Declaratory and Injunctive Relief Under the Freedom of Information Act

Brown v. U.S. Customs & Border Protection

March 12, 2015

March 12, 2015

Complaint
22

3:15-cv-01181

First Amended Complaint for Declaratory and Injunctive Relief Under the Freedom of Information Act

April 22, 2015

April 22, 2015

Complaint
50

3:15-cv-01181

Order Denying Motion to Dismiss

Sept. 17, 2015

Sept. 17, 2015

Order/Opinion

132 F.Supp.3d 132

3:15-cv-01181

Settlement Agreement

Sept. 8, 2016

Sept. 8, 2016

Settlement Agreement
66

3:15-cv-01181

Joint Stipulation of Dismissal and Order

Sept. 30, 2016

Sept. 30, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4495126/brown-v-customs-and-border-protection/

Last updated March 20, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

Class Action COMPLAINT against All Defendants (Filing fee $ 400, receipt number 0971-9355475). Filed by Santos Miguel FLORES AGUILAR, Maria de Jesus CALDERON RUIZ, Flynn Jeri, Emma QUEZADA, Orlanda URBINA, Kelly Ryan, Cristina Lucero RAMIREZ, Maico MONTOYA-ARELLANO, Manuel CRUZ RENDON, Meredith R Brown, Isidro de Jesus RODRIGUEZ SANCHEZ, Juan de DIOS CRUZ ROJAS, Noe ZARAGOZA-QUIROZ, Nelida ORNELAS RENTERIA. (Attachments: # 1 Declaration Exhs in Support)(Tolchin, Stacy) (Filed on 3/12/2015) Modified on 3/12/2015 (cjlS, COURT STAFF). (Entered: 03/12/2015)

1 Declaration Exhs in Support

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March 12, 2015

March 12, 2015

PACER
2

Civil Cover Sheet by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Flynn Jeri, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS . (Attachments: # 1 Exhibit)(Tolchin, Stacy) (Filed on 3/12/2015) (Entered: 03/12/2015)

1 Exhibit

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March 12, 2015

March 12, 2015

PACER
3

Proposed Summons. (Tolchin, Stacy) (Filed on 3/12/2015) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
4

Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (cjlS, COURT STAFF) (Filed on 3/12/2015) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
5

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Flynn Jeri, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS.. (Tolchin, Stacy) (Filed on 3/12/2015) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
6

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/2/2015. Case Management Conference set for 6/9/2015 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjlS, COURT STAFF) (Filed on 3/12/2015) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
7

Summons Issued as to Customs and Border Protection. (cjlS, COURT STAFF) (Filed on 3/12/2015) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
8

NOTICE of Appearance by Trina Ann Realmuto (Realmuto, Trina) (Filed on 3/13/2015) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER
9

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (sisS, COURT STAFF) (Filed on 3/13/2015) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER
10

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. James Donato for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by the Executive Committee on March 13, 2015. (cjlS, COURT STAFF) (Filed on 3/13/2015) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER
11

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9368770.) filed by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS. (Attachments: # 1 Appendix Certificate of Good Standing)(Crow, Melissa) (Filed on 3/18/2015) (Entered: 03/18/2015)

1 Appendix Certificate of Good Standing

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March 18, 2015

March 18, 2015

PACER
12

CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 6/3/2015. Case Management Conference set for 6/10/2015 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge James Donato on 3/23/15. (lrc, COURT STAFF) (Filed on 3/23/2015) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
13

ORDER by Judge James Donato granting 11 Motion for Pro Hac Vice as to Melissa Crow. (lrc, COURT STAFF) (Filed on 3/23/2015) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
14

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9382041.) filed by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS. (Attachments: # 1 Certificate of Good Standing)(Kenney, Mary) (Filed on 3/23/2015) (Entered: 03/23/2015)

1 Certificate of Good Standing

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March 23, 2015

March 23, 2015

PACER
15

ORDER by Judge James Donato granting 14 Motion for Pro Hac Vice as to Mary Kenney. (lrcS, COURT STAFF) (Filed on 3/24/2015) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
16

CERTIFICATE OF SERVICE by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS re 12 Case Management Scheduling Order, (Tolchin, Stacy) (Filed on 3/24/2015) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
17

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9394221.) filed by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS. (Attachments: # 1 Certificate of Good Standing)(Adams, Matthew) (Filed on 3/26/2015) Modified on 3/27/2015 (aaaS, COURT STAFF). (Entered: 03/26/2015)

1 Certificate of Good Standing

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March 26, 2015

March 26, 2015

PACER
18

ORDER by Judge James Donato granting 17 Motion for Pro Hac Vice as to Matt Adams. (lrc, COURT STAFF) (Filed on 3/27/2015) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER
19

SUMMONS Returned Executed (FOIA) by Santos Miguel FLORES AGUILAR, Maria de Jesus CALDERON RUIZ, Jeri Flynn, Emma QUEZADA, Orlanda URBINA, Kelly Ryan, Cristina Lucero RAMIREZ, Maico MONTOYA-ARELLANO, Manuel CRUZ RENDON, Meredith R Brown, Isidro de Jesus RODRIGUEZ SANCHEZ, Juan de DIOS CRUZ ROJAS, Noe ZARAGOZA-QUIROZ, Nelida ORNELAS RENTERIA. All Defendants. (Attachments: # 1 Exhibit Confirmation of service)(Tolchin, Stacy) (Filed on 4/1/2015) (Entered: 04/01/2015)

1 Exhibit Confirmation of service

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April 1, 2015

April 1, 2015

PACER
20

NOTICE of Appearance by Emily B Nestler (Nestler, Emily) (Filed on 4/7/2015) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
21

STIPULATION re 1 Complaint,, Extension of time to Respond to Plaintiffs' Complaint filed by Customs and Border Protection. (Nestler, Emily) (Filed on 4/7/2015) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
22

AMENDED COMPLAINT against All Defendants. Filed bySantos Miguel FLORES AGUILAR, Maria de Jesus CALDERON RUIZ, Jeri Flynn, Emma QUEZADA, Orlanda URBINA, Kelly Ryan, Cristina Lucero RAMIREZ, Maico MONTOYA-ARELLANO, Manuel CRUZ RENDON, Meredith R Brown, Isidro de Jesus RODRIGUEZ SANCHEZ, Juan de DIOS CRUZ ROJAS, Noe ZARAGOZA-QUIROZ, Nelida ORNELAS RENTERIA. (Attachments: # 1 Exhibit Exhs 1-40, # 2 Exhibit Exhs 41-80, # 3 Exhibit Exhs 81-120, # 4 Exhibit Exhs 121-160, # 5 Exhibit Exhs 161-200, # 6 Exhibit Exhs 201-214)(Tolchin, Stacy) (Filed on 4/22/2015) (Entered: 04/22/2015)

1 Exhibit Exhs 1-40

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2 Exhibit Exhs 41-80

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3 Exhibit Exhs 81-120

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4 Exhibit Exhs 121-160

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5 Exhibit Exhs 161-200

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6 Exhibit Exhs 201-214

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April 22, 2015

April 22, 2015

PACER
23

MOTION to Certify Class filed by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS. Motion Hearing set for 5/27/2015 09:30 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 5/6/2015. Replies due by 5/13/2015. (Attachments: # 1 Proposed Order Proposed Order)(Tolchin, Stacy) (Filed on 4/22/2015) (Entered: 04/22/2015)

1 Proposed Order Proposed Order

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April 22, 2015

April 22, 2015

PACER
24

STIPULATION WITH PROPOSED ORDER re 23 MOTION to Certify Class Stipulation to Extend Dates filed by Customs and Border Protection, Department of Homeland Security. (Nestler, Emily) (Filed on 4/28/2015) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER
25

Order by Hon. James Donato granting 24 Stipulation to Extend Dates. (jdlc1S, COURT STAFF) (Filed on 4/30/2015) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER

Set/Reset Deadlines as to 23 MOTION to Certify Class . Motion Hearing set for 7/8/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. (lrcS, COURT STAFF) (Filed on 4/30/2015)

April 30, 2015

April 30, 2015

PACER
26

MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Customs and Border Protection, Department of Homeland Security. Motion Hearing set for 7/8/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 6/1/2015. Replies due by 6/8/2015. (Attachments: # 1 Proposed Order)(Nestler, Emily) (Filed on 5/18/2015) (Entered: 05/18/2015)

1 Proposed Order

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May 18, 2015

May 18, 2015

PACER
27

CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 7/1/2015. Case Management Conference continued to 7/8/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco. (lrcS, COURT STAFF) (Filed on 5/19/2015) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER
28

RESPONSE (re 26 MOTION to Dismiss Plaintiffs' First Amended Complaint ) filed byMeredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS. (Tolchin, Stacy) (Filed on 6/1/2015) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

PACER
29

REPLY (re 26 MOTION to Dismiss Plaintiffs' First Amended Complaint ) filed byDepartment of Homeland Security, U.S. Customs and Border Protection. (Nestler, Emily) (Filed on 6/8/2015) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
30

MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Certify Class Pursuant to Civil Local Rule 6-3 filed by Department of Homeland Security, U.S. Customs and Border Protection. (Attachments: # 1 Declaration of Emily B. Nestler, # 2 Proposed Order)(Nestler, Emily) (Filed on 6/10/2015) (Entered: 06/10/2015)

1 Declaration of Emily B. Nestler

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2 Proposed Order

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June 10, 2015

June 10, 2015

PACER
31

RESPONSE (re 30 MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Certify Class Pursuant to Civil Local Rule 6-3 ) filed byMeredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS. (Attachments: # 1 Proposed Order Proposed Order)(Tolchin, Stacy) (Filed on 6/12/2015) (Entered: 06/12/2015)

1 Proposed Order Proposed Order

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June 12, 2015

June 12, 2015

PACER
32

CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Telephone Call Re: defendants' 30 Motion for Enlargement of Time set for 6/15/2015 02:00 PM before Hon. James Donato. Parties are instructed to contact CourtCall at 866-582-6878 to schedule their appearance before the Court for the hearing.(lrcS, COURT STAFF) (Filed on 6/12/2015). (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
33

Minute Entry for proceedings held before Hon. James Donato: Status Conference held on 6/15/2015.FTR Time Not Used. (lrcS, COURT STAFF) (Date Filed: 6/15/2015) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

PACER
34

NOTICE by Department of Homeland Security, U.S. Customs and Border Protection re 23 MOTION to Certify Class and Discovery in Connection Therewith (Nestler, Emily) (Filed on 6/22/2015) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
35

STIPULATION WITH PROPOSED ORDER re 33 Status Conference filed by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS. (Tolchin, Stacy) (Filed on 7/1/2015) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER
36

Order by Hon. James Donato denying 35 Stipulation to Continue Case Management Conference. The case management conference scheduled for July 8, 2015 at 10:00 a.m. will remain on calendar, and the joint case management statement is due, as scheduled, on July 1, 2015. The Court will set filing deadlines for the motion for class certification once the motion to dismiss has been ruled on. (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 7/1/2015) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER
37

JOINT CASE MANAGEMENT STATEMENT filed by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS. (Tolchin, Stacy) (Filed on 7/1/2015) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER
38

Minute Entry for proceedings held before Hon. James Donato: Motion Hearing held on 7/8/2015. re 26 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by U.S. Customs and Border Protection, Department of Homeland Security, CASE REFERRED to Magistrate Judge Magistrate Corley for Settlement Conference Replies due by 8/26/2015. Motion Hearing set for 9/9/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato.Court Reporter Name Rhonda Aquilina. (lrcS, COURT STAFF) (Date Filed: 7/10/2015) (Entered: 07/10/2015)

July 10, 2015

July 10, 2015

PACER
39

TRANSCRIPT ORDER by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS for Court Reporter Rhonda Aquilina. (Tolchin, Stacy) (Filed on 7/13/2015) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

PACER
40

TRANSCRIPT ORDER by Department of Homeland Security, U.S. Customs and Border Protection for Court Reporter Rhonda Aquilina. (Nestler, Emily) (Filed on 7/13/2015) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

PACER
41

Transcript of Proceedings held on 07/08/2015, before Judge James Donato. Court Reporter Rhonda Aquilina, Telephone number 415-264-0580. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 40 Transcript Order ) Release of Transcript Restriction set for 10/20/2015. (Related documents(s) 40 ) (Aquilina, Rhonda) (Filed on 7/22/2015) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER

CASE REFERRED to Magistrate Judge Jacqueline Scott Corley for Settlement (ahm, COURT STAFF) (Filed on 7/29/2015)

July 29, 2015

July 29, 2015

PACER
42

NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE. Settlement Conference set for 9/8/2015 09:30 AM in Courtroom F, 15th Floor, San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 8/7/2015. (ahm, COURT STAFF) (Filed on 8/7/2015) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
43

RESPONSE (re 23 MOTION to Certify Class ) filed byDepartment of Homeland Security, U.S. Customs and Border Protection. (Attachments: # 1 Declaration of Patrick A. Howard)(Nestler, Emily) (Filed on 8/10/2015) (Entered: 08/10/2015)

1 Declaration of Patrick A. Howard

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Aug. 10, 2015

Aug. 10, 2015

PACER
44

CLERK'S NOTICE Regarding Time of Settlement Conference. TO ALL PARTIES AND COUNSEL OF RECORD: Please take notice that the settlement conference scheduled for September 8, 2015 shall commence at 10:00 a.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 8/14/2015) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
45

REPLY (re 23 MOTION to Certify Class ) filed byMeredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS. (Attachments: # 1 Declaration Exhibits)(Tolchin, Stacy) (Filed on 8/26/2015) (Entered: 08/26/2015)

1 Declaration Exhibits

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Aug. 26, 2015

Aug. 26, 2015

PACER
46

CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to 23 MOTION to Certify Class . Motion Hearing continued to 9/23/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. (lrcS, COURT STAFF) (Filed on 9/3/2015) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
47

Consent MOTION to Continue Hearing on Motion for Class Certification filed by Department of Homeland Security, U.S. Customs and Border Protection. (Nestler, Emily) (Filed on 9/4/2015) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
48

Order by Hon. James Donato on 47 Stipulated Request. Pursuant to the parties' stipulation, the hearing on 23 MOTION to Certify Class is continued to 10/7/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. (jdlc1S, COURT STAFF) (Filed on 9/8/2015) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER

Set/Reset Deadlines as to 23 MOTION to Certify Class . Motion Hearing set for 10/7/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. (lrcS, COURT STAFF) (Filed on 9/8/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
49

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Settlement Conference held on 9/8/2015. Case did not settle. Further telephone conference set for 8:30 a.m. on 9/17/2015. (Not Reported)Plaintiff Attorneys: Stacy Tolchin; Mary Kenny; Trina Realmuto; Matt Adams. Defendant Attorney: Emily Nestler. This is a text only Minute Entry (ahm, COURT STAFF) (Date Filed: 9/8/2015) (Entered: 09/09/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
50

ORDER by Judge James Donato denying 26 Motion to Dismiss. Defendants should file an answer to the complaint within 10 days of this order. (jdlc1S, COURT STAFF) (Filed on 9/17/2015) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

RECAP
51

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Telephone Settlement Conference held on 9/17/2015. Case did not settle. Parties are encouraged to contact the Court at any time if they believe further settlement discussions may be productive. (Not Reported)Plaintiff Attorneys: Stacy Tolchin; Mary Kenny; Trina Realmuto; Matt Adams. Defendant Attorney: Emily Nestler. This is a text only Minute Entry (ahm, COURT STAFF) (Date Filed: 9/17/2015) (Entered: 09/18/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
52

ANSWER to Amended Complaint byDepartment of Homeland Security, U.S. Customs and Border Protection. (Nestler, Emily) (Filed on 9/25/2015) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
53

Minute Entry for proceedings held before Hon. James Donato: Motion Hearing held on 10/7/2015. re 23 MOTION to Certify Class filed by Isidro de Jesus RODRIGUEZ SANCHEZ, Emma QUEZADA, Nelida ORNELAS RENTERIA, Orlanda URBINA, Manuel CRUZ RENDON, Cristina Lucero RAMIREZ, Juan de DIOS CRUZ ROJAS, Santos Miguel FLORES AGUILAR, Jeri Flynn, Meredith R Brown, Kelly Ryan, Maico MONTOYA-ARELLANO, Maria de Jesus CALDERON RUIZ, Noe ZARAGOZA-QUIROZ Court Reporter Name JoAnn Bryce. (lrcS, COURT STAFF) (Date Filed: 10/7/2015) (Entered: 10/08/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
54

TRANSCRIPT ORDER by Department of Homeland Security, U.S. Customs and Border Protection for Court Reporter Jo Ann Bryce. (Nestler, Emily) (Filed on 10/8/2015) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
55

Transcript of Proceedings held on 10/7/15, before Judge James Donato. Court Reporter Jo Ann Bryce, telephone number 510-910-5888, joann_bryce@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction after 90 days. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 54 Transcript Order ) Release of Transcript Restriction set for 1/7/2016. (Related documents(s) 54 ) (Bryce, Joann) (Filed on 10/9/2015) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
56

TRANSCRIPT ORDER by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS for Court Reporter Jo Ann Bryce. (Tolchin, Stacy) (Filed on 10/12/2015) (Entered: 10/12/2015)

Oct. 12, 2015

Oct. 12, 2015

PACER
57

STATUS REPORT by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS. (Tolchin, Stacy) (Filed on 11/2/2015) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
58

NOTICE by Department of Homeland Security, U.S. Customs and Border Protection of Decision in Hajro v. USCIS, Nos. 11-17948, 12-17765 (9th Cir. filed on Dec. 17, 2012) (Attachments: # 1 Exhibit)(Nestler, Emily) (Filed on 11/9/2015) (Entered: 11/09/2015)

1 Exhibit

View on PACER

Nov. 9, 2015

Nov. 9, 2015

PACER
59

ORDER re 23 Motion to Certify Class: The Court accepts the parties' proposed briefing schedule re Motion to Certify Class (Dkt. No. 57 ), except that the parties are directed to file updated and revised briefs, rather than filing just supplemental briefs. Please do not incorporate prior filings by reference or refer to previously filed materials. The currently pending motion for class certification (Dkt. No. 23 ) is terminated. Signed by Judge James Donato on 11/9/2015. (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 11/9/2015) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER
60

Proposed Order Stipulated Privacy Act Protective Order by Department of Homeland Security, U.S. Customs and Border Protection. (Nestler, Emily) (Filed on 1/7/2016) (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

PACER
61

Order by Hon. James Donato re 60 Stipulated Protective Order. The parties' stipulated protective order is approved, except that for those provisions that conflict with the Court's Standing Orders (e.g., relating to the filing of discovery motions rather than discovery dispute letters), the Court's Standing Orders will govern. (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 1/15/2016) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

PACER
62

Joint MOTION to Stay Case Pending Referral to a Settlement Conference with Magistrate Judge filed by Department of Homeland Security, U.S. Customs and Border Protection. Responses due by 3/16/2016. (Nestler, Emily) (Filed on 3/16/2016) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
63

Order re 62 Joint Motion: The parties have advised the Court that they are in settlement negotiations. The Court refers the case to Magistrate Judge Corley for a settlement conference within 60 days, her schedule permitting. The Court stays the case in all other respects pending completion of the settlement conference. The Court vacates the current briefing schedule re class certification pending further order. See Dkt. Nos. 57, 59 . (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 3/18/2016) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
64

NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE. Settlement Conference set for 5/3/2016 at 09:30 AM in Courtroom F, 15th Floor, San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 3/22/2016. (ahm, COURT STAFF) (Filed on 3/22/2016) (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

PACER
65

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Settlement Conference held on 5/3/2016. Settlement in principle reached. (Not Reported)(Time in Court: 7.25 hours)Plaintiff Attorneys: Stacy Tolchin; Matt Adams; Trina Realmuto; Mary Kenny. Defendant Attorney: Emily Nestler. This is a text only Minute Entry (ahm, COURT STAFF) (Date Filed: 5/3/2016) (Entered: 05/04/2016)

May 3, 2016

May 3, 2016

PACER
66

Joint Stipulation of Dismissal and (Proposed) Order filed by Meredith R Brown, Maria de Jesus CALDERON RUIZ, Manuel CRUZ RENDON, Santos Miguel FLORES AGUILAR, Jeri Flynn, Maico MONTOYA-ARELLANO, Nelida ORNELAS RENTERIA, Emma QUEZADA, Cristina Lucero RAMIREZ, Isidro de Jesus RODRIGUEZ SANCHEZ, Kelly Ryan, Orlanda URBINA, Noe ZARAGOZA-QUIROZ, Juan de DIOS CRUZ ROJAS. (Tolchin, Stacy) (Filed on 9/30/2016) Modified on 10/3/2016 (hdjS, COURT STAFF). (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
67

ORDER DISMISSING CASE. Signed by Judge James Donato on 10/3/2016. (jdlc1S, COURT STAFF) (Filed on 10/3/2016) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

RECAP
68

MOTION to Relate Case filed by Zachary Nightingale, Courtney McDermed, Cheryl David, Pao Lopa, Maribel Carandang. (Attachments: # 1 Proposed Order)(Realmuto, Trina) (Filed on 6/25/2019) (Entered: 06/25/2019)

1 Proposed Order

View on PACER

June 25, 2019

June 25, 2019

PACER
69

CLERK'S NOTICE Re: Motion to Relate Cases (lrcS, COURT STAFF) (Filed on 7/2/2019) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 12, 2015

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Immigration attorneys and individuals who claimed that U.S. Customs and Border Protection had a nationwide pattern and practice of failing to timely respond to requests under the Freedom of Information Act (FOIA).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Northwest Immigrant Rights Project (NWIRP)

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

U.S. Customs and Border Protection, Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

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

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $135,000

Order Duration: 2016 - 2019

Content of Injunction:

Reporting

Recordkeeping

Required disclosure

Issues

General:

Government services

Record-keeping

Records Disclosure

Wait lists

Type of Facility:

Government-run