Cancino Castellar et al v. Kelly et al
Plaintiff: Jose Orlando Cancino Castellar, Ana Maria Hernandez Aguas and Michael Gonzalez
Defendant: John F. Kelly, Thomas Homan, Kevin K. McAleenan, Gregory J. Archambeault, Jefferson B. Sessions, III and Juan P. Osuna
Case Number: 3:2017cv00491
Filed: March 9, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Cynthia Bashant
Presiding Judge: Bernard G. Skomal
Nature of Suit: Other Civil Rights
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 4, 2021 Opinion or Order Filing 185 ORDER Granting In Part 184 Joint Motion to Continue Case Management Conference ("CMC"). Telephonic CMC reset for 11/5/2021 at 11:00 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 10/4/2021. (hmw)
September 8, 2021 Opinion or Order Filing 179 Order Granting in Part and Denying in Part Plaintiff's Renewed Motion for Class Certification (ECF No. 125 ) and Certifying the Class for Declaratory Relief. Plaintiffs Cancino Castellar and Ana Maria Hernandez Aguas are appointed class repres entatives. On or before 9/15/21, Plaintiffs are ordered to submit a short brief, not to exceed three pages, about which attorneys are to be appointed as class counsel pursuant to Federal Rule of Civil Procedure 23(g). Signed by Judge Cynthia Bashant on 9/8/21. (jmo)
August 30, 2021 Opinion or Order Filing 178 Order Denying Plaintiffs' Motion for Reconsideration (ECF No. 137 ). Signed by Judge Cynthia Bashant on 8/30/21. (jmo)
August 19, 2021 Opinion or Order Filing 174 Order Granting Defendant-Respondents' Renewed Application to Seal (ECF No. 171 ). Signed by Judge Cynthia Bashant on 8/19/21. (jmo)
July 26, 2021 Opinion or Order Filing 159 Order: (1) Denying Without Prejudice Plaintiff-Petitioners' Applications to Seal (ECF Nos. 123 , 138 ); (2) Denying Without Prejudice Defendant-Respondents' Application to Seal (ECF No. 131 ); (3) Denying as Moot Plaintiff-Petitioners� 39; Application to Seal (ECF No. 144 ); and (4) Granting in Part and Denying in Part Joint Motion to Amend (ECF No. 152 ). On or before, 7/30/21, the parties shall file the unredacted versions of the documents previously filed in redacted form (ECF Nos. 125-3, 125-15, 125-22, 125-24, 133-1, 146-1) as supplemental documents to the corresponding filings on the docket. Should the parties choose to reapply for a sealing order, they may do so on or before 8/13/21. Signed by Judge Cynthia Bashant on 7/26/21. (jmo)
July 22, 2020 Opinion or Order Filing 108 ORDER Granting Joint Motion and Entering Amended Protective Order (ECF No. 107 ). Signed by Magistrate Judge Allison H. Goddard on 7/22/20. (jmo)
March 23, 2020 Opinion or Order Filing 97 ORDER: (1) Granting in Part and Denying in Part Plaintiff-Petitioners' Motion to Compel, (2) Granting in Part and Denying in Part Defendant-Respondents' Motion for Protective Order, (3) Granting Plaintiff-Petitioners' Motion to File Do cuments Under Seal, and (4) Issuing Amending Scheduling Order (ECF Nos. 83 , 84 , 86 . Defendant-Respondents shall serve supplemental discovery responses and produce all responsive documents consistent with this Order no later than 5/1/20. Class discovery must be completed by 6/26/20. Plaintiff-Petitioners must file a motion for class certification by 7/17/20. Defendant-Respondents opposition shall be filed no later than 8/14/20. Plaintiff-Petitioners reply shall be filed no later than 8/28/20. Motion for Class Certification set for 9/14/2020 at 11:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Allison H. Goddard on 3/20/20. (jmo)
June 11, 2019 Opinion or Order Filing 63 ORDER granting in part and denying in part Defendants' 60 Renewed Motion to Dismiss for Failure to State a Claim. Court dismisses Plaintiff Gonzalez's procedural due process claim and all Plaintiffs' Section 706(1) APA claims. Defen dants shall answer to the operative portions of the Complaint by 7/15/2019. The parties requested in a prior status report that Court decide the previously briefed motion for class certification if Court denied Defendants motion to dismiss. Court de clines this request. Plaintiffs are directed to file a renewed motion if they wish to pursue class certification. The parties may propose an appropriate briefing schedule for a renewed motion for class certification by 6/25/2019. Signed by Judge Cynthia Bashant on 6/7/2019. (jah)
September 5, 2018 Opinion or Order Filing 56 ORDER Granting in Part and Denying in Part 50 Motion for Reconsideration. Plaintiffs are GRANTED LEAVE TO AMEND to assert a challenge to the conditions of confinement at detention facilities in the District. Plaintiffs may file an amended complain t no later than 10/1/2018. If they do not file one, Defendants may answer or move to dismiss the Fifth Amendment claim for failure to state a claim pursuant to Rule 12(b)(6) no later than 10/15/2018. Signed by Judge Cynthia Bashant on 9/6/2018. (acc)
February 8, 2018 Opinion or Order Filing 49 ORDER granting Defendants' 28 Motion to Dismiss for Lack of Jurisdiction. Because Court lacks jurisdiction under 8 USC 1252(a)(5) and (b)(9), Court dismisses the Complaint. Court grants Plaintiffs leave to amend their Complaint. Plaintiffs m ay file an Amended Complaint by 3/9/2018. Failure to file an Amended Complaint will result in dismissal of this action. Court terminates as moot Plaintiffs' 2 Motion to Certify Class. If Plaintiffs file a new Complaint which assets claims independent of removal proceedings, they may file a new motion for class certification based on those claims. Signed by Judge Cynthia Bashant on 2/8/2018. (jah)
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Search for this case: Cancino Castellar et al v. Kelly et al
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Plaintiff: Jose Orlando Cancino Castellar
Represented By: Megan Alexandra Chacon
Represented By: Craig E Countryman
Represented By: Joanna M. Fuller
Represented By: Aleksandr Gelberg
Represented By: John David Loy
Represented By: Leonard B Simon
Represented By: Bardis Vakili
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Plaintiff: Ana Maria Hernandez Aguas
Represented By: Megan Alexandra Chacon
Represented By: Craig E Countryman
Represented By: Joanna M. Fuller
Represented By: Aleksandr Gelberg
Represented By: John David Loy
Represented By: Leonard B Simon
Represented By: Bardis Vakili
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Plaintiff: Michael Gonzalez
Represented By: Megan Alexandra Chacon
Represented By: Craig E Countryman
Represented By: Joanna M. Fuller
Represented By: Aleksandr Gelberg
Represented By: John David Loy
Represented By: Leonard B Simon
Represented By: Bardis Vakili
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Defendant: John F. Kelly
Represented By: Samuel William Bettwy(Designation Assistant United States Attorney)
Represented By: Kathleen Connolly(Designation Assistant United States Attorney)
Represented By: Colin A. Kisor
Represented By: Elianis N. Perez(Designation Assistant United States Attorney)
Represented By: Carlton Frederick Sheffield, III
Represented By: Sarah L. Vuong(Designation Assistant United States Attorney)
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Defendant: Thomas Homan
Represented By: Samuel William Bettwy(Designation Assistant United States Attorney)
Represented By: Kathleen Connolly(Designation Assistant United States Attorney)
Represented By: Colin A. Kisor
Represented By: Elianis N. Perez(Designation Assistant United States Attorney)
Represented By: Carlton Frederick Sheffield, III
Represented By: Sarah L. Vuong(Designation Assistant United States Attorney)
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Defendant: Kevin K. McAleenan
Represented By: Samuel William Bettwy(Designation Assistant United States Attorney)
Represented By: Kathleen Connolly(Designation Assistant United States Attorney)
Represented By: Colin A. Kisor
Represented By: Elianis N. Perez(Designation Assistant United States Attorney)
Represented By: Carlton Frederick Sheffield, III
Represented By: Sarah L. Vuong(Designation Assistant United States Attorney)
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Defendant: Gregory J. Archambeault
Represented By: Samuel William Bettwy(Designation Assistant United States Attorney)
Represented By: Kathleen Connolly(Designation Assistant United States Attorney)
Represented By: Elianis N. Perez(Designation Assistant United States Attorney)
Represented By: Carlton Frederick Sheffield, III
Represented By: Sarah L. Vuong(Designation Assistant United States Attorney)
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Defendant: Jefferson B. Sessions, III
Represented By: Samuel William Bettwy(Designation Assistant United States Attorney)
Represented By: Kathleen Connolly(Designation Assistant United States Attorney)
Represented By: Colin A. Kisor
Represented By: Elianis N. Perez(Designation Assistant United States Attorney)
Represented By: Carlton Frederick Sheffield, III
Represented By: Sarah L. Vuong(Designation Assistant United States Attorney)
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Defendant: Juan P. Osuna
Represented By: Samuel William Bettwy(Designation Assistant United States Attorney)
Represented By: Kathleen Connolly(Designation Assistant United States Attorney)
Represented By: Colin A. Kisor
Represented By: Elianis N. Perez(Designation Assistant United States Attorney)
Represented By: Carlton Frederick Sheffield, III
Represented By: Sarah L. Vuong(Designation Assistant United States Attorney)
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Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
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