N.T.C. et al v. U.S. Immigration and Customs Enforcement et al
| H.M.C. and N.T.C. |
| U.S. Department of Health and Human Services, Alex Azar, Ronald Vitiello, Office of Refugee Resettlement, U.S. Immigration and Customs Enforcement, Jefferson Beauregard Sessions III, Kevin K. McAleenan, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Scott Lloyd, Kirstjen Nielsen, U.S. Customs and Border Protection and L. Francis Cissna |
| 1:2018cv06428 |
| July 16, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Jesse M Furman |
| Civil Rights: Other |
| 08 U.S.C. § 1101 |
| None |
Docket Report
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This docket was last retrieved on July 23, 2018. A more recent docket listing may be available from PACER.
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| Filing 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/17/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 21 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/17/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/13/2018. Redacted Transcript Deadline set for 8/23/2018. Release of Transcript Restriction set for 10/22/2018.(McGuirk, Kelly) |
| Received e-mail from the United States District Court - Southern District of California acknowledging receipt of transferred case. Assigned Case Number: 3:18-cv-01626, filed on 07/19/2018. (sjo) |
Filing 20
MEMORANDUM OPINION AND ORDER. Pursuant to Title 28, United States Code, Section 1404(a), the Court transfers this case to the Southern District of California. See, e.g., Contl Grain Co. v. The Barge FBL-585, 364 U.S. 19, 26 (1960) ("To permit a situation in which two cases involving precisely the same issues are simultaneously pending in different District Courts leads to the wastefulness of time, energy and money that 1404(a) was designed to prevent."); Wyndham Assocs. v. Bintliff, 398 F.2d 614, 619 (2d Cir. 1968) (recognizing a "strong policy favoring the litigation of related claims in the same tribunal"); Stroud Prods. & Enters. v. Castle Rock Entm't, No. 07-CV-8638 (HB), 2009 WL 2391676, at *3 (S.D.N.Y. Aug. 4, 2009) ("[T]rial efficiency and the interests of justice weigh heavily in favor of litigating all related causes of action... in a single forum." (citation omitted)). Further, to preserve the status quo, the temporary relief granted by this Court on July 17, 2018, (Docket No. 9), is extended to give Judge Sabraw an opportunity to consider Plaintiffs request for broader emergency relief. The parties should promptly present those issues to Judge Sabraw so that he can decide whether to maintain, modify, or vacate the order granting temporary relief. The Clerk of Court is directed to transfer this action forthwith to the United States District Court for the Southern District of California, to be assigned to Judge Sabraw. The Clerk of Court is directed to effectuate the transfer immediately, notwithstanding Local Rule 83.1, and then to close the case in this Court. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/19/2018) (rjm)
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| Filing 19 MEMORANDUM OF LAW re: #1 Complaint, . Document filed by N.T.C.. (Attachments: #1 Exhibit Martinez Declaration, #2 Exhibit Holtzman Declaration, #3 Exhibit Murphy Declaration, #4 Exhibit Krause Declaration, #5 Exhibit Hoffman Declaration, #6 Exhibit Zambrano Declaration, #7 Exhibit Seperated Parent's Removal Form, #8 Exhibit Fores Settlement)(Gillman, Sarah) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of California (rjm) |
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Filing 18
ORDER re: #17 Letter filed by N.T.C. Plaintiffs are granted leave to file redacted versions of the documents at issue. (Indeed, the redactions are mandated by Rule 5.2(a) of the Federal Rules of Civil Procedure.) SO ORDERED. (Signed by Judge Jesse M. Furman on 7/18/2018) (Furman, Jesse) (ab).
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| Filing 17 LETTER addressed to Judge Jesse M. Furman from Sarah T. Gillman dated 07/18/2018 re: ECF 13 Order. Document filed by N.T.C..(Gillman, Sarah) |
| Filing 16 LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated July 18, 2018 re: Corrected Government Letter. Document filed by Alex Azar, L. Francis Cissna, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ronald Vitiello. (Attachments: #1 Corrected Government Letter, #2 Election Form (i.e., Notice of Potential Rights))(Waterman, Brandon) |
| Filing 15 LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated July 18, 2018 re: The government's response to the Court's request for additional information. Document filed by Alex Azar, L. Francis Cissna, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ronald Vitiello. (Attachments: #1 7/17/18 Conference Transcript)(Waterman, Brandon) |
| Filing 14 LETTER addressed to Judge Jesse M. Furman from Gregory P. Copeland dated July 18, 2018 re: ECF No. 11 Order. Document filed by H.M.C., N.T.C.. (Attachments: #1 Exhibit Ex. A, Flores Settlement, #2 Exhibit Ex. B, Commander White Transcript, #3 Exhibit Ex. C, Ms. L Order re on Notice, #4 Exhibit Ex. D, Ms L July 13 Order, #5 Exhibit Ex. E, Separated Parent's Removal Form, #6 Exhibit Ex. F, Ms. L Notice of Potential Rights, #7 Exhibit Ex. G, Reunification Form)(Copeland, Gregory) |
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Filing 13
ORDER: To ensure that the record in this case is complete, Plaintiffs shall, no later than July 19, 2018, file on ECF electronic versions of their application for emergency relief and supporting materials. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/18/2018) (Text Only Order) (Furman, Jesse)
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| Filing 12 NOTICE OF APPEARANCE by Michael James Byars on behalf of Alex Azar, L. Francis Cissna, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ronald Vitiello. (Byars, Michael) |
| Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re TRO held on 7/17/2018. Gregory Copeland, Sarah Gillman, and Jennifer Levy present for Plaintiffs. Brandon Waterman and Michael Byars present for Defendants. Court reporter present. (ab) |
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Filing 11
ORDER: In the letters to be filed tomorrow, the parties should also address the following questions: (1) whether there would be any impediment, legal or practical, to the Plaintiffs' intervening in the Ms. L litigation in the Southern District of California (and, in the Government's case, whether it would consent to Plaintiffs' intervention in the Ms. L litigation); (2) in the alternative, whether this case should be transferred to the Southern District of California to be consolidated with the Ms. L litigation; (3) whether there is any relief that Plaintiffs are seeking here that could not be obtained in the Ms. L litigation if intervention were granted; and (4) whether the order granting temporary relief should be extended (and, if so, for how long) to allow Plaintiffs' to seek intervention and relief in the Ms. L litigation. In addition, Plaintiffs' counsel shall confer with Plaintiffs' counsel in the Ms. L litigation and advise the Court of the latter's views on the questions of intervention or transfer as well. In light of these additional questions to address, the parties are granted until 3 p.m. to file the letters. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/17/2018) (Text Only Order)(Furman, Jesse)
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| Filing 10 LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated July 17, 2018 re: Submission of electronic copies of the documents submitted at today's conference. Document filed by Alex Azar, L. Francis Cissna, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ronald Vitiello. (Attachments: #1 Ms. L. conference transcript 7-16-18, #2 Ms. L plaintiffs' motion for a stay of removal and TRO, #3 Ms. L. order granting TRO, #4 Ms. L. status report concerning dueling Notices, #5 Ms. L court-approved current Notice of Potential Rights (English), #6 Ms. L court-approved current Notice of Potential Rights (Spanish))(Waterman, Brandon) |
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Filing 9
ORDER: ORDERED, that Defendants ARE HEREBY RESTRAINED from taking any action to remove minor children clients of the Legal Aid Society from New York State who are in ORR custody without providing forty-eight (48) hours' advance notice of such forthcoming action to children and their counsel (including, without limitation, the location to which the minor child client will be moved, the location where the child's parent or parents currently reside, and whether the movement is for the purpose of release, detention, and/or repatriation), in order to permit consultation among the child, the child's parent or other close family member(s), and counsel to protect the child's ability to make informed decisions about his or her legal rights and potential claims. It is further ORDERED, that the injunction set forth in the foregoing paragraph is in effect from the time of issuance of this order until 10:00 a.m. on Thursday, July 19, 2018, subject to extension, other modification or vacatur by further order of the assigned judge. It is further ORDERED, that Plaintiffs' counsel shall deliver to Defendants' counsel a list of the names of the client children by 9:00 a.m. on Tuesday, July 17, 2018, and that, pending such delivery, Defendants shall assume that all minor children in New York in ORR custody who have been forcibly separated from their parents are clients of the Legal Aid Society. It is further ORDERED, that no bond is required. It is further ORDERED, that Plaintiffs shall file their Complaint in the office of the Clerk of Court by 9:30 a.m. on Tuesday July 17, 2018, and promptly inform Defendants' counsel of the name of the assigned judge. (Signed by Judge Laura Taylor Swain, Part 1, on 7/16/2018) (rro)
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| Filing 8 NOTICE OF APPEARANCE by Jennifer L. Levy on behalf of H.M.C., N.T.C.. (Levy, Jennifer) |
| Filing 7 LETTER addressed to Judge Jesse M. Furman from Gregory P. Copeland dated July 17, 2018 re: Transcript of Order to Show Cause Hearing. Document filed by H.M.C., N.T.C.. (Attachments: #1 Exhibit NTC v ICE OTSC 7.17.18 Transcript)(Copeland, Gregory) |
| Filing 6 NOTICE OF APPEARANCE by Gregory Paul Copeland on behalf of H.M.C., N.T.C.. (Copeland, Gregory) |
| Filing 5 NOTICE OF APPEARANCE by Sarah Telo Gillman on behalf of N.T.C.. (Gillman, Sarah) |
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Filing 4
ORDER: The parties shall appear for a conference with the Court TODAY, at 3:30 p.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007. All counsel who appeared last night before Judge Swain or will appear before this Court shall promptly enter a notice of appearance on ECF. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/17/2018) (Text Only Order) (Furman, Jesse)
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| Filing 3 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Alex Azar, L. Francis Cissna, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ronald Vitiello. (Waterman, Brandon) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Scott Alan Rosenberg for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint, #2 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (pc) |
| Minute Entry for proceedings held before Judge Laura Taylor Swain: Temporary Restraining Order Hearing held on 7/17/2018. Court Reporter Michael McDaniel present. TRO HEARING held. Defendants are restrained from taking any action to remove minor children who are in ORR custody w/o providing 48 hrs advance notice. The injunction is in effect until 10am on Thursday, 7/19/2018. (Order to follow.) (lan) |
| Filing 2 CIVIL COVER SHEET filed. (pc) (jgo). |
| Filing 1 COMPLAINT against Alex Azar, L. Francis Cissna, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ronald Vitiello. (Filing Fee $ 400.00, Receipt Number 465401213888)Document filed by H.M.C., N.T.C..(pc) (jgo). |
| Case Designated ECF. (pc) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
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