Paredes Nino et al v. United States Customs and Border Protection et al
| Mayra Paredes Nino, Jose A. Yanez Paredes and Jose Rolando Yanez Paredes |
| United States Customs and Border Protection, United States Border Patrol, United States of America and Does 1 through 25, inclusive |
| 3:2013cv00469 |
| February 27, 2013 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX Outside US |
| William Q. Hayes |
| Bernard G. Skomal |
| P.I.: Other |
| 28 U.S.C. ยง 2671 Federal Tort Claims Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
101
ORDER: The Motion for Summary Judgment (ECF No. 84 ) is Granted. The Clerk of the Court shall enter judgment in favor of the United States and against the Plaintiffs as to all claims in this action. Signed by Judge William Q. Hayes on 08/13/2018. (ajs)
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Filing
91
ORDER. It is hereby ordered that the United States' Motion for Exclusionary Sanctions is granted. The United States shall submit a Supplemental Brief in Support of its Motion for Summary Judgment on or before March 26, 2018; Plaintiffs shall submit a Response to the United States Supplemental Brief on or before April 9, 2018; and the United States shall submit a Reply to Plaintiffs' Response on or before April 16, 2018. The United States' Motion for Summary Judgment, see ECF No. 84, will remain pending while the parties submit supplemental briefing. Signed by Judge William Q. Hayes on 3/9/2018. (jao)
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Filing
72
ORDER: Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction, or, in the Alternative, for Judgment on the Pleadings (Dkt # 69 ) is granted in part and denied in part. Plaintiffs' claims for punitive damages are dismissed. All other claims shall remain pending. Signed by Judge William Q. Hayes on 9/27/2016. (mdc)
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Filing
61
ORDER: The remaining portion of Defendant's Motion to Dismiss Plaintiffs' Second Amended Complaint (Dkt # 43 ), related to the foreign country exception of the FTCA, is denied. Signed by Judge William Q. Hayes on 8/25/2015. (mdc)
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Filing
53
ORDER: Defendant's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 43 ) is granted in part and denied in part, and only with respect to Plaintiff Nino's standing. Plaintiffs may file a motion for leave to amend the Second Amended Complaint, accompanied by a proposed third amended complaint, no later than thirty (30) days from the date this Order is filed. Defendant's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 43 ) shall remain pending on issues related to the foreign country exception. The parties are granted ninety days of jurisdictional discovery from the date this Order is filed in order to address factual issues relevant to jurisdiction in light of the foreign country exception t o the FTCA. No later than 6/22/2015, Defendant shall file a supplemental brief addressing the application of the foreign country exception with any supporting evidence. No later than 7/6/2015, Plaintiffs shall file an opposition brief with any suppor ting evidence. No later than 7/13/2015, Defendant may file a reply brief limited to legal argument. The Ex Parte Application Requesting Permission to Submit Evidence in Defendant's Reply Brief Responding to Plaintiffs' Opposition Evidence (Doc. 50 ) is denied as moot. Signed by Judge William Q. Hayes on 3/6/2015. (mdc)
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Filing
37
ORDER: The United States' Motion to Dismiss (Doc. 34 ) is granted in part and denied in part. Plaintiffs' First Claim for violation of the law of nations is dismissed with prejudice. Plaintiffs' requests for injunctive relief and declaratory relief are dismissed. Plaintiffs' request for attorneys' fees against the United States is dismissed. Signed by Judge William Q. Hayes on 10/6/2014. (mdc)
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Filing
32
ORDER: The United States' Motion to Dismiss (Doc. 27 ) is granted. Plaintiffs' request for leave to amend the First Amended Complaint is granted. Plaintiffs shall file any second amended complaint within thirty (30) days from the date this Order is filed. Signed by Judge William Q. Hayes on 3/13/2014. (mdc)(jrd)
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