Case: Asencio v. Federal Emergency Management Agency

4:18-cv-40111 | U.S. District Court for the District of Massachusetts

Filed Date: June 30, 2018

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On June 30, 2018, eight Hurricane Maria evacuees from Puerto Rico who were receiving Transitional Shelter Assistance from Federal Emergency Management Agency (“FEMA”) filed this putative class-action lawsuit in the U.S. District Court for the District of Massachusetts. The case was assigned to District Judge Timothy S. Hillman. The plaintiffs sued FEMA under the Administrative Procedures Act and the Declaratory Judgment Act. The plaintiffs, represented by LatinoJustice PRLDEF (Puerto Rican Lega…

On June 30, 2018, eight Hurricane Maria evacuees from Puerto Rico who were receiving Transitional Shelter Assistance from Federal Emergency Management Agency (“FEMA”) filed this putative class-action lawsuit in the U.S. District Court for the District of Massachusetts. The case was assigned to District Judge Timothy S. Hillman.

The plaintiffs sued FEMA under the Administrative Procedures Act and the Declaratory Judgment Act. The plaintiffs, represented by LatinoJustice PRLDEF (Puerto Rican Legal Defense and Education Fund), Hector E. Pineiro, and Manatt Phelps and Phillips, LLP, sought injunctive and declaratory relief, claiming that FEMA was planning to unlawfully terminate the TSA program which provided direct funding to hotels and motels that served as shelters for Puerto Ricans who evacuated the territory due to Hurricane Maria. The plaintiffs specifically alleged that FEMA was planning to terminate its TSA program for Puerto Rican evacuees, without any plan to transition the evacuees into longer-term housing. The plaintiffs argued that this was in violation of the Due Process Clause of the Fifth Amendment, the Administrative Procedures Act, and the Stafford Act that require nondiscrimination in disaster assistance. In their motion for a preliminary injunction, the plaintiff’s sought to extend the provision of the TSA program until all eligible individuals either received temporary housing or found permanent housing.

On June 30, 2018, the same day the complaint was filed, Judge Leo T. Sorokin entered a Temporary Restraining Order (“TRO”), enjoining FEMA from terminating the TSA program until at least midnight July 3, 2018, enabling Plaintiffs and the class to remain in transitional shelters until checkout time on July 4, 2018.

Right as the initial TRO was set to end, Judge Hillman extended it until at least midnight July 23, 2018. Judge Hillman extended the TRO to give the parties an opportunity to fully brief the important and complex issues raised by plaintiffs’ complaint and their corresponding motion for preliminary injunction.

Judge Hillman subsequently extended the TRO on two more occasions: July 19, 2018 (extending it until August 7, 2018) and on August 22, 2018 (extending it until August 31, 2018).

In plaintiffs' first amended complaint, filed on July 12, six named plaintiffs were dropped from the suit and two additional plaintiffs were added. Plaintiffs also asserted new claims for violation of their equal protection rights under the Fifth Amendment.

Presumably because the plaintiffs had already received several extensions granting them access to temporary housing, on August 30, 2018, Judge Hillman denied plaintiffs’ motion for a preliminary injunction. The Court found that the plaintiffs did not have a high likelihood of success on the merits - the touchstone of the preliminary injunction inquiry. Judge Hillman ordered the defendants to refrain from terminating the program that provided the payment for shelter for the plaintiffs (including the class) until midnight September 13, 2018, in order to give the evacuees time to make alternative housing arrangements.

On September 20, 2018, Judge Hillman granted defendants’ motion to dismiss the case entirely. The contents of this order are unavailable to us at this time. The case is now closed.

Summary Authors

Michael Beech (2/8/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7344862/parties/asencio-v-federal-emergency-management-agency/


Judge(s)

Hillman, Timothy Spafard (Massachusetts)

Attorney for Plaintiff

Bannan, Natasha Lycia (New York)

DeRecat, Craig J (California)

Attorney for Defendant

D'Ottavio, Kari E. (District of Columbia)

Farquhar, Rayford A. (Massachusetts)

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Documents in the Clearinghouse

Document

4:18-cv-40111

Docket [PACER]

Sept. 28, 2018

Sept. 28, 2018

Docket
1

4:18-cv-40111

Complaint

June 30, 2018

June 30, 2018

Complaint
19

4:18-cv-40111

Order Continuing Restraining Order

July 3, 2018

July 3, 2018

Order/Opinion
28

4:18-cv-40111

First Amended Complaint

July 12, 2018

July 12, 2018

Complaint
38

4:18-cv-40111

Second Continuation of Temporary Restraining Order

July 19, 2018

July 19, 2018

Order/Opinion
63

4:18-cv-40111

Order Memorializing the Third Continuation of Restraining Order

Aug. 22, 2018

Aug. 22, 2018

Order/Opinion
67

4:18-cv-40111

Order Denying Plaintiffs' Motion for Preliminary Injunction

Aug. 30, 2018

Aug. 30, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7344862/asencio-v-federal-emergency-management-agency/

Last updated Feb. 26, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Class Action Seeking Injunctive and Declaratory Relief against All Defendants Filing fee: $ 400, receipt number 0101-7211412 (Fee Status: Filing Fee paid), filed by Alian Asencio, Bethzaida Crespo Vicente, Yaritza De Jesus Lopez, Angel Lauriano Munoz, Denise Nieves, Iris Otero, Rosa Rivera, Aracelis Velez Cruz. (Attachments: # (1) Civil Cover Sheet cover sheet, # (2) Category form)(Pineiro, Hector) (Attachment 1 replaced on 7/2/2018) (Burgos, Sandra). (Attachment 2 replaced on 7/2/2018) (Burgos, Sandra).

1 Civil Cover Sheet cover sheet

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2 Category form

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June 30, 2018

June 30, 2018

PACER
2

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Plaintiffs.(Healy, Bethaney). Modified on 6/30/2018 to change document restriction to public. (Healy, Bethaney)

June 30, 2018

June 30, 2018

PACER
3

MEMORANDUM in Support re [2] MOTION for Temporary Restraining Order filed by Plaintiffs. (Healy, Bethaney) Modified on 6/30/2018 to change document restriction to public. (Healy, Bethaney).

June 30, 2018

June 30, 2018

PACER
4

AFFIDAVIT of Natasha Lycia Ora Bannan in Support re [2] MOTION for Temporary Restraining Order filed by Plaintiffso. (Healy, Bethaney) Modified on 6/30/2018 to change document restriction to public.(Healy, Bethaney). (Main Document 4 replaced on 7/5/2018) (Burgos, Sandra).

June 30, 2018

June 30, 2018

PACER
5

AFFIDAVIT of Kira Romero Craft in Support re [2] MOTION for Temporary Restraining Order filed by Alian Asencio. (Healy, Bethaney) Modified on 6/30/2018 to change document restriction to public. (Healy, Bethaney). (Main Document 5 replaced on 7/5/2018) (Burgos, Sandra).

June 30, 2018

June 30, 2018

PACER
6

Proposed Document(s) submitted by Alian Asencio. Document received: Proposed Order. (Healy, Bethaney) Modified on 6/30/2018 to change document restriction to public.(Healy, Bethaney)

June 30, 2018

June 30, 2018

PACER
7

District Judge Leo T. Sorokin: ELECTRONIC ORDER ENTERED. After clerk conferred with counsel, the court ordered the motion for Temporary Restraining Order and for Preliminary Injunction, as well as the supporting documents unsealed. The documents shall be provided to Defendants. (Healy, Bethaney)

June 30, 2018

June 30, 2018

PACER
8

ELECTRONIC NOTICE Setting Hearing on [2] MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Motion Hearing set for 6/30/2018 at 8:30 PM by telephone before District Judge Leo T. Sorokin. Counsel has been provided with call-in information.(Healy, Bethaney)

June 30, 2018

June 30, 2018

PACER
9

Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 6/30/2018 re [2] MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Alian Asencio. Arguments heard re: Motion for Temporary Restraining Order. Order to issue. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to <a href= http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm>http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm </a>. For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Pineiro, Romero, Perez, Bannam, DeRoquette, Derusha) (Healy, Bethaney)

June 30, 2018

June 30, 2018

PACER
10

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered With Regard to [2] Motion for TRO. Plaintiffs filed a complaint today along with an emergency motion for a TRO. The Court has provided counsel for the United States copies of the pleadings and held a telephone hearing this evening with counsel for the government and the plaintiffs. The standard for issuance of an injunction is the familiar four part test. The irreparable harm to the plaintiffs is obvious and overwhelming tomorrow morning they will be evicted and homeless since by definition each plaintiffs home was rendered uninhabitable by the hurricane in Puerto Rico, a determination previously made by the defendants. The public interest on balance favors the plaintiffs both in terms of their personal interests and considering the specter of many sick individuals without homes of their own being rendered homeless with the resulting drain on other public resources in addition to the possible human consequences. The substantially closer question is whether Plaintiffs have established a likelihood of success on the merits of one or more of their legal claims. The Plaintiffs in their papers and at the hearing have articulated, at least, claims that they are entitled to (1) reasonable notice of the termination of the temporary housing assistance; (2) assistance as long as they remain eligible; and (3) assistance in transition to other housing. In addition, they assert that FEMA in prior roughly equivalent disasters has extended the temporary housing assistance substantially longer than in the present disaster. On the record before the Court, which is admittedly limited in that the government has had only the most limited opportunity to respond, the Plaintiffs have demonstrated a sufficient likelihood of success to warrant an limited temporary restraining order under the totality of the circumstances and the governing law. Specifically, the affidavits from counsel show deficiencies in notice and transition assistance. Whether that evidentiary showing prevails on a fuller record is not now necessary to decide. Accordingly, the Court (1) ENJOINS the Defendants and their agents from terminating the Temporary Housing Assistance program which provides the payment for shelter for the plaintiffs (including the class) until at least midnight July 3, 2018 (i.e. enabling Plaintiffs and the class to stay until checkout time on July 4, 2018); (2) ORDERS Defendants and their agents to provide notice and take whatever action is necessary to extend the assistance until the aforementioned deadline; and (3) SCHEDULES a telephone hearing on this matter before Judge Hillman on Monday July 2, 2018 at 12:45 p.m. This ruling is WITHOUT PREJUDICE to any rulings by Judge Hillman. At the hearing before Judge Hillman counsel for plaintiffs ought be prepared to address with more specificity, inter alia, the specific nature and basis for the right to notice, the nature and basis of the right to ongoing housing assistance, the nature and basis for the right to transition assistance, and the legal significance, if any, of the different durations of housing assistance programs. Counsel for the government ought be prepared to address, inter alia, (on Monday or such further time as requested by the government) the lack of basis for the foregoing issues. Nothing in this outline limits or precludes the parties from raising issues fairly within the pleadings or appropriate defenses. The Clerk will provide call in information for the call on Monday. The undersigned has addressed this motion as the emergency district judge. /s/ Leo T. Sorokin, United States District Judge. (Healy, Bethaney)

June 30, 2018

June 30, 2018

PACER
11

ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Healy, Bethaney)

June 30, 2018

June 30, 2018

PACER
12

ELECTRONIC NOTICE of Hearing. Telephone Conference set for 7/2/2018 at 12:45 PM before District Judge Timothy S. Hillman. The clerk shall provide counsel with call-in information. (Healy, Bethaney)

June 30, 2018

June 30, 2018

PACER
13

NOTICE of Appearance by Robert A. Scott on behalf of Alian Asencio, Bethzaida Crespo Vicente, Yaritza De Jesus Lopez, Angel Lauriano Munoz, Denise Nieves, Iris Otero, Rosa Rivera, Aracelis Velez Cruz (Scott, Robert)

July 2, 2018

July 2, 2018

PACER
14

NOTICE of Appearance by Rayford A. Farquhar on behalf of Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen (Farquhar, Rayford)

July 2, 2018

July 2, 2018

PACER
15

MOTION for Leave to Appear Pro Hac Vice for admission of Kira Romero-Craft and Natasha Lycia Ora Bannan Filing fee: $ 200, receipt number 0101-7212199 by Alian Asencio, Bethzaida Crespo Vicente, Yaritza De Jesus Lopez, Angel Lauriano Munoz, Denise Nieves, Iris Otero, Rosa Rivera, Aracelis Velez Cruz. (Attachments: # (1) Exhibit A - affidavit of Kira Romero-Craft, # (2) Exhibit B - affidavit of Natasha Lycia Ora Bannan)(Scott, Robert)

1 Exhibit A - affidavit of Kira Romero-Craft

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2 Exhibit B - affidavit of Natasha Lycia Ora Bannan

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July 2, 2018

July 2, 2018

PACER
16

MOTION for Leave to Appear Pro Hac Vice for admission of Jose Luis Perez Filing fee: $ 100, receipt number 0101-7212286 by Alian Asencio, Bethzaida Crespo Vicente, Yaritza De Jesus Lopez, Angel Lauriano Munoz, Denise Nieves, Iris Otero, Rosa Rivera, Aracelis Velez Cruz. (Attachments: # (1) Exhibit A - affidavit of Jose Luis Perez)(Scott, Robert)

1 Exhibit A - affidavit of Jose Luis Perez

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July 2, 2018

July 2, 2018

PACER
17

Summons Issued as to Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra)

July 2, 2018

July 2, 2018

PACER
18

Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Telephone Conference held on 7/2/2018, Case called, Counsel appear for hearing on motion of TRO, Court hears arguments of counsel, Court rules taking under advisement [2] Motion for TRO. (Court Reporter: Digital Recording) To order a copy of this Digital Recording, please go to http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Pineiro,Scott,Others/Farquhar,Pierson) (Castles, Martin)

July 2, 2018

July 2, 2018

PACER
19

District Judge Timothy S. Hillman: ORDER entered. CONTINUATION OF TEMPORARY RESTRAINING ORDER.(Burgos, Sandra)

July 3, 2018

July 3, 2018

RECAP
20

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting [15] Motion for Leave to Appear Pro Hac Vice Added Kira Romero-Craft and Natasha Lycia Ora Bannan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Burgos, Sandra)

July 3, 2018

July 3, 2018

PACER
21

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting [16] Motion for Leave to Appear Pro Hac Vice Added Jose Luis Perez. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Burgos, Sandra)

July 3, 2018

July 3, 2018

PACER
22

Transcript of Telephone Conference held on July 2, 2018, before Judge Timothy S. Hillman. The Transcript may be purchased through Judy Bond at judy@bondcourtreporting.com, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Judy Bond. Redaction Request due 7/26/2018. Redacted Transcript Deadline set for 8/6/2018. Release of Transcript Restriction set for 10/3/2018. (Scalfani, Deborah)

July 5, 2018

July 5, 2018

PACER
23

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)

July 5, 2018

July 5, 2018

PACER
24

MOTION for Leave to Appear Pro Hac Vice for admission of Brett Natarelli, Craig J. De Recat, and Justin Jones Rodriguez Filing fee: $ 300, receipt number 0101-7217630 by Alian Asencio, Bethzaida Crespo Vicente, Yaritza De Jesus Lopez, Angel Lauriano Munoz, Denise Nieves, Iris Otero, Rosa Rivera, Aracelis Velez Cruz. (Attachments: # (1) Exhibit A - affidavit of Bret Natarelli, # (2) Exhibit B - affidavit of Craig J. de Recat, # (3) Exhibit C - affidavit of Justin Jones Rodriguez)(Scott, Robert) Modified on 7/6/2018 (Burgos, Sandra).

1 Exhibit A - affidavit of Bret Natarelli

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2 Exhibit B - affidavit of Craig J. de Recat

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3 Exhibit C - affidavit of Justin Jones Rodriguez

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July 5, 2018

July 5, 2018

PACER
25

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting [24] Motion for Leave to Appear Pro Hac Vice Added Brett Natarelli, Craig J. De Recat and Justin Jones Rodriguez. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry)

July 6, 2018

July 6, 2018

PACER
26

MOTION for Leave to Appear Pro Hac Vice for admission of Eve L. Torres Filing fee: $ 100, receipt number 0101-7218862 by Alian Asencio, Bethzaida Crespo Vicente, Yaritza De Jesus Lopez, Angel Lauriano Munoz, Denise Nieves, Iris Otero, Rosa Rivera, Aracelis Velez Cruz. (Attachments: # (1) Exhibit A - affidavit of Eve L. Torres)(Scott, Robert)

1 Exhibit A - affidavit of Eve L. Torres

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July 6, 2018

July 6, 2018

PACER
27

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting [26] Motion for Leave to Appear Pro Hac Vice Added Eve L. Torres. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry)

July 9, 2018

July 9, 2018

PACER
28

AMENDED COMPLAINT -- First Amended Class Action Complaint Seeking Injunctive and Declaratory Relief against Thomas Van Essen, Federal Emergency Management Agency, Alejandro De La Campa, William Brock Long, filed by Bethzaida Crespo Vicente, Iris Otero, Elizabeth Delgado Santos, Rafael Ocasio Barreto.(Jones Rodriguez, Justin)

July 12, 2018

July 12, 2018

PACER
29

SUMMONS Returned Executed as to US Attorney by Angel Lauriano Munoz, Denise Nieves, Elizabeth Delgado Santos, Bethzaida Crespo Vicente, Aracelis Velez Cruz, Rafael Ocasio Barreto, Iris Otero, Alian Asencio, Yaritza De Jesus Lopez, Rosa Rivera. Alejandro De La Campa served on 7/10/2018, answer due 9/10/2018; Federal Emergency Management Agency served on 7/10/2018, answer due 9/10/2018; William Brock Long served on 7/10/2018, answer due 9/10/2018; Thomas Van Essen served on 7/10/2018, answer due 9/10/2018. (de Recat, Craig)

July 13, 2018

July 13, 2018

PACER
30

MOTION for Leave to File Excess Pages by Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen.(Farquhar, Rayford)

July 13, 2018

July 13, 2018

PACER
31

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting [30] Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Jones, Sherry)

July 13, 2018

July 13, 2018

PACER
32

Opposition re [2] MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen. (Attachments: # (1) Exhibit 1)(Farquhar, Rayford)

1 Exhibit 1

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July 13, 2018

July 13, 2018

PACER
33

MOTION for Leave to File Excess Pages by Bethzaida Crespo Vicente, Elizabeth Delgado Santos, Rafael Ocasio Barreto, Iris Otero.(Jones Rodriguez, Justin)

July 18, 2018

July 18, 2018

PACER
34

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting [33] Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Jones, Sherry)

July 18, 2018

July 18, 2018

PACER
35

REPLY to Response to [2] MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Bethzaida Crespo Vicente, Elizabeth Delgado Santos, Rafael Ocasio Barreto, Iris Otero. (de Recat, Craig)

July 18, 2018

July 18, 2018

RECAP
36

DECLARATION re [35] Reply to Response to Motion by Bethzaida Crespo Vicente, Elizabeth Delgado Santos, Rafael Ocasio Barreto, Iris Otero. (Torres, Eve)

July 18, 2018

July 18, 2018

RECAP
37

MOTION to Correct a Misstatement in Their Opposition to Plaintiffs' Request for a Continued Temporary Restraining Order and/or Preliminary Injunction by Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen.(Farquhar, Rayford) Modified on 7/19/2018 (Jones, Sherry). (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

RECAP
38

District Judge Timothy S. Hillman: ORDER entered. SECOND CONTINUATION OF TEMPORARY RESTRAINING ORDER.(Castles, Martin) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
39

ELECTRONIC NOTICE Setting Hearing on Motion 2 MOTION for Preliminary Injunction : Motion Hearing set for 8/1/2018 at 10:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
40

NOTICE of Appearance by Danielle Wolfson Young on behalf of Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen (Young, Danielle) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
41

MOTION to Correct 35 Reply to Response to Motion -- Motion to Correct a Misstatement in Reply by Bethzaida Crespo Vicente, Elizabeth Delgado Santos, Rafael Ocasio Barreto, Iris Otero.(Torres, Eve) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
42

NOTICE by Bethzaida Crespo Vicente, Elizabeth Delgado Santos, Rafael Ocasio Barreto, Iris Otero re 38 Temporary Restraining Order (Torres, Eve) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
43

DECLARATION re 38 Temporary Restraining Order, 42 Notice (Other) by Bethzaida Crespo Vicente, Elizabeth Delgado Santos, Rafael Ocasio Barreto, Iris Otero. (Attachments: # 1 Exhibit D to the Declaration of Eve L. Torres Regarding Additional Evidence for the Hearing on Emergency Motion for a Temporary Restraining Order or Preliminary Injunction and Declaratory Relief, # 2 Exhibit E to the Declaration of Eve L. Torres Regarding Additional Evidence for the Hearing on Emergency Motion for a Temporary Restraining Order or Preliminary Injunction and Declaratory Relief, # 3 Exhibit F to the Declaration of Eve L. Torres Regarding Additional Evidence for the Hearing on Emergency Motion for a Temporary Restraining Order or Preliminary Injunction and Declaratory Relief)(Torres, Eve) (Entered: 07/27/2018)

1 Exhibit D to the Declaration of Eve L. Torres Regarding Additional Evidence for

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2 Exhibit E to the Declaration of Eve L. Torres Regarding Additional Evidence for

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3 Exhibit F to the Declaration of Eve L. Torres Regarding Additional Evidence for

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July 27, 2018

July 27, 2018

PACER
44

DECLARATION re 42 Notice (Other) by Alian Asencio, Bethzaida Crespo Vicente, Yaritza De Jesus Lopez, Elizabeth Delgado Santos, Angel Lauriano Munoz, Denise Nieves, Rafael Ocasio Barreto, Iris Otero, Rosa Rivera, Aracelis Velez Cruz. (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J, # 5 Exhibit K)(Bannan, Natasha) (Entered: 07/27/2018)

1 Exhibit G

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2 Exhibit H

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3 Exhibit I

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4 Exhibit J

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5 Exhibit K

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July 27, 2018

July 27, 2018

PACER
45

Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 8/1/2018 re 2 MOTION Preliminary Injunction filed by Alian Asencio, Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court rules taking under advisement 2 Motion for Preliminary Injunction, Court extends TRO until 8/31/18, Order to issue, (Court Reporter: Valerie OHara at vaohara@gmail.com/Digital)(Attorneys present: Pineiro,Scott,Bannan,Rodriguez,de Recat/Young,Farquhar) (Castles, Martin) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
46

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 37 Motion to correct aand granting 41 Motion to Correct. (Castles, Martin) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
47

Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction CORRECTED OPPOSITION filed by Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen. (Attachments: # 1 Exhibit 1)(Farquhar, Rayford) (Entered: 08/02/2018)

1 Exhibit 1

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Aug. 2, 2018

Aug. 2, 2018

PACER
48

Transcript of Motion Hearing held on August 1, 2018, before Judge Timothy S. Hillman. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Valerie OHara at vaohara@gmail.com Redaction Request due 8/24/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 11/1/2018. (Scalfani, Deborah) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
49

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
50

NOTICE by Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen of Supplemental Authority (Young, Danielle) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
51

REPLY to Response to 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction CORRECTED REPLY filed by Bethzaida Crespo Vicente, Elizabeth Delgado Santos, Rafael Ocasio Barreto, Iris Otero. (de Recat, Craig) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
52

MOTION for Protective Order, MOTION to Seal ( Responses due by 8/23/2018) by Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen. (Attachments: # 1 Text of Proposed Order)(Young, Danielle) (Entered: 08/09/2018)

1 Text of Proposed Order

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Aug. 9, 2018

Aug. 9, 2018

PACER
53

DOCUMENT HAD TYPO'S COUNSEL REFILED THE DOCUMENT, SEE ENTRY #54 FOR CORRECTED DOCUMENT. Opposition re 52 MOTION for Protective Order MOTION to Seal filed by Alian Asencio, Bethzaida Crespo Vicente, Yaritza De Jesus Lopez, Elizabeth Delgado Santos, Angel Lauriano Munoz, Denise Nieves, Rafael Ocasio Barreto, Iris Otero, Rosa Rivera, Aracelis Velez Cruz. (Scott, Robert) Modified on 8/10/2018 (Jones, Sherry). (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
54

Opposition re 52 MOTION for Protective Order MOTION to Seal, corrected, filed by Alian Asencio, Bethzaida Crespo Vicente, Yaritza De Jesus Lopez, Elizabeth Delgado Santos, Angel Lauriano Munoz, Denise Nieves, Rafael Ocasio Barreto, Iris Otero, Rosa Rivera, Aracelis Velez Cruz. (Attachments: # 1 Exhibit 1 email of Aug. 8 2018, # 2 Exhibit 2 emails of Aug 1 & 2 2018, # 3 Exhibit emails of Aug 9 2018)(Scott, Robert) (Entered: 08/10/2018)

1 Exhibit 1 email of Aug. 8 2018

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2 Exhibit 2 emails of Aug 1 & 2 2018

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3 Exhibit emails of Aug 9 2018

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Aug. 10, 2018

Aug. 10, 2018

PACER
55

NOTICE of Appearance by Kari E. D'Ottavio on behalf of Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen (D'Ottavio, Kari) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
56

Supplemental MEMORANDUM in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen. (Attachments: # 1 Affidavit)(Young, Danielle) (Entered: 08/10/2018)

1 Affidavit

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Aug. 10, 2018

Aug. 10, 2018

PACER
57

Supplemental MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Bethzaida Crespo Vicente, Elizabeth Delgado Santos, Rafael Ocasio Barreto, Iris Otero. (Attachments: # 1 Affidavit of Craig J. de Recat in Support, # 2 Exhibit s K - V, # 3 Exhibit s W - Z)(Jones Rodriguez, Justin) (Entered: 08/10/2018)

1 Affidavit of Craig J. de Recat in Support

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2 Exhibit s K - V

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3 Exhibit s W - Z

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Aug. 10, 2018

Aug. 10, 2018

PACER
58

Response by Bethzaida Crespo Vicente, Elizabeth Delgado Santos, Rafael Ocasio Barreto, Iris Otero to 50 Notice (Other) . (Jones Rodriguez, Justin) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
59

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 52 Motion for Protective Order and granting 52 Motion to Seal. The Court will issue the protective order, as proposed, forthwith. The Defendants shall serve copies of the materials on Plaintiffs' counsel by the close of business on Friday, August 17th. After receiving the materials, Plaintiffs may, if necessary, file a request for further briefing. Plaintiffs shall file any such request by close of business on Tuesday, August 21st. Defendants need not file the materials with the Court, however, if the materials are included in any future filings they shall be filed under seal. Additionally, if the parties have any interest in mediating this case with a magistrate judge assigned to this Court, they can jointly file a request for ADR with my Courtroom Clerk, Martin Castles, on or before August 24, 2018. (Castles, Martin) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
60

District Judge Timothy S. Hillman: ORDER entered. PRIVACY ACT PROTECTIVE ORDER(Castles, Martin) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
61

MOTION for Leave to File a Supplemental Brief by Bethzaida Crespo Vicente, Elizabeth Delgado Santos, Rafael Ocasio Barreto, Iris Otero.(Jones Rodriguez, Justin) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
62

Opposition re 61 MOTION for Leave to File a Supplemental Brief filed by Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen. (Young, Danielle) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
63

District Judge Timothy S. Hillman: ORDER entered MEMORIALIZING THE PREVIOUSLY GRANTED THIRD CONTINUATION OF TEMPORARY RESTRAINING ORDER(Castles, Martin) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
64

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying 61 Motion for Leave to File. (Castles, Martin) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
65

MOTION to Dismiss by Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen.(Young, Danielle) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
66

MEMORANDUM in Support re 65 MOTION to Dismiss filed by Alejandro De La Campa, Federal Emergency Management Agency, William Brock Long, Thomas Van Essen. (Young, Danielle) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
67

District Judge Timothy S. Hillman: ORDER entered denying 2 Motion for Preliminary Injunction. (Castles, Martin) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

RECAP
69

Order Dismissing Case

Sept. 20, 2018

Sept. 20, 2018

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2018

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Puerto Ricans who evacuated due to Hurricane Maria, and received shelter from FEMA's TSA ("Temporary Shelter Assistance") program.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

LatinoJustice PRLDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal Emergency Management Agency ("FEMA"), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2018 - 2018

Content of Injunction:

Preliminary relief granted

Issues

General:

Emergency shelter

Discrimination-basis:

National origin discrimination

National Origin/Ethnicity:

Hispanic