A.I.I.L. et al v. Sessions et al
| A.I.I.L., L.L.H.O., J.L.V.A., J.I.S. and J.J.P.B. |
| Jefferson Beauregard Sessions, III, Gene Hamilton, John F Kelly, Stephen Miller, Kirstjen Nielsen, Acting Commissioner Kevin K McAleenan, Mark Morgan, Thomas Homan, Deputy Chief Ronald D. Vitiello, Matthew Albence, L. Francis Cissna, Carla Provost, Alex Azar, Margaret Wynne, E Scott Lloyd, Unknown Parties and OF AMERICA UNITED STATES |
| 4:2023cv01383 |
| April 13, 2023 |
| U.S. District Court for the Southern District of Texas |
| Houston Office |
| George C Hanks |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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| Intradistrict Transfer to McAllen Division, filed. (RachelWillborg, 4) |
Filing 115
ORDER TO TRANSFER CASE to McAllen Division of the Southern District of Texas. (Signed by Judge George C Hanks, Jr) Parties notified. (RachelWillborg, 4)
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Filing 114
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/16/2023 at 09:00 AM in by video before Magistrate Judge Andrew M Edison( Judge George C Hanks, Jr) Parties notified.(BrendaLacy, 4)
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| Filing 113 Case transferred in from Arizona. Case Number 4:19-cv-00481; certified copy of transfer order, certified docket sheet, and transfer letter received |
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Filing 112
ORDERED SETTING a Case Management Conference for April 24, 2023, at 11:00 AM. The conference will be held telephonically and on the record. It is further ordered, after reviewing supplemental briefing, SEVERING Plaintiffs J.B./A.F.'s FTCA claims under Fed. R. Civ. P. 21, and TRANSFERRING those claims to the Southern District of Texas. Signed by Judge John C Hinderaker on 4/10/2023. (See Order for complete details)(ARC)
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Filing 111
ORDER denying #103 Individual Defendants' Motion for Entry of Final JudgmentSigned by Judge John C Hinderaker on 3/31/2023. (REM)
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| Filing 110 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiffs A.I.I.L., J.I.S., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) |
| Filing 109 *NOTICE re: Service of Plaintiffs' First Requests for Production of Documents to Defendant United States of America by A.I.I.L., J.I.S., J.L.V.A., L.L.H.O. . (Rubin, Jacqueline) *Modified to correct event type on 12/5/2022 (JAM). |
| Filing 108 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiffs A.I.I.L., J.I.S., J.L.V.A., L.L.H.O.. (Chepiga, Geoffrey) |
| Filing 107 REPLY to Response to Motion re: #103 MOTION for Entry of Judgment under Rule 54(b) filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) |
| Filing 106 RESPONSE in Opposition re: #103 MOTION for Entry of Judgment under Rule 54(b) filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) |
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Filing 105
ORDER granting #90 Stipulation for Protective Order. Signed by Judge John C Hinderaker on 7/14/2022. (See Order for complete details) (ARC)
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Filing 104
ORDER granting #91 parties' Joint Motion for Order Entering Clawback Agreement and Order Pursuant to Federal Rules of Evidence 502(d). Signed by Judge John C Hinderaker on 7/14/2022. (See Order for complete details) (ARC)
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| Filing 103 MOTION for Entry of Judgment under Rule 54(b) by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: #1 Proposed Order)(Quast, Paul) |
| Filing 102 REPLY to Response to Motion re: (242 in 2:19-cv-05217-SRB) MOTION to Transfer Related Case Plaintiffs' Motion to Transfer to Judge Susan R. Bolton Plaintiffs' Reply in Support of Motion to Transfer to Judge Susan R. Bolton filed by J.P., L.C.. (Associated Cases: 2:22-cv-00683-MTL, 2:19-cv-05217-SRB, 2:20-cv-00065-SRB, 2:21-cv-00339-DLR, 4:19-cv-00481-JCH) (Pasternak, Daniel) |
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Filing 101
ORDER: IT IS ORDERED denying Defendant United States' Motions to Consolidate Cases for Common Policy-Based Discovery Only (CV21-00339 Doc. 54 and CV19-00481 Doc. 92) [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 7/14/22. (MAW)
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| Filing 100 REPLY to Response to Motion re: (232 in 2:19-cv-05217-SRB) MOTION to Consolidate Cases filed by United States of America. (Associated Cases: 4:19-cv-00481-JCH, 2:19-cv-05217-SRB, 2:20-cv-00065-SRB, 2:21-cv-00339-DLR, 2:22-cv-00683-MTL) (MacWilliams, Philip) |
| Filing 99 REPLY to Response to Motion re: (215 in 2:19-cv-05217-SRB) MOTION to Consolidate Cases for Common Policy-Based Discovery Only (Amended) filed by United States of America. (Associated Cases: 2:21-cv-00339-DLR, 2:19-cv-05217-SRB, 2:20-cv-00065-SRB, 2:22-cv-00683-MTL, 4:19-cv-00481-JCH) (Branch, Katherine) |
| Filing 98 RESPONSE to Motion re: (242 in 2:19-cv-05217-SRB) MOTION to Transfer Related Case Plaintiffs' Motion to Transfer to Judge Susan R. Bolton filed by United States of America. (Associated Cases: 2:22-cv-00683-MTL, 2:19-cv-05217-SRB, 2:20-cv-00065-SRB, 2:21-cv-00339-DLR, 4:19-cv-00481-JCH) (Nickerson, Theo) *Modified linkage on 7/13/2022 (DXD). |
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Filing 97
ORDER: IT IS HEREBY ORDERED that the United States' Unopposed Motion for An Extension of Time to File Its Reply in Support of its Motion to Consolidate Cases for Common Policy-Based Discovery Only is GRANTED as follows: The United States shall file its reply in support on or before July 12, 2022. (CV19-00481 Doc. 92, CV19-05217 Doc. 251 and CV20-00065 Doc. 246). Signed by Senior Judge Susan R Bolton on 7/6/22. (Associated Cases: 2:19-cv-05217-SRB, 2:20-cv-00065-SRB, 2:21-cv-00339-DLR, 2:22-cv-00683-MTL, 4:19-cv-00481-JCH) (SST)
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| Filing 96 Consent MOTION for Extension of Time to File Response/Reply as to (232 in 2:19-cv-05217-SRB) MOTION to Consolidate Cases by United States of America. (Attachments: #1 Proposed Order) (Associated Cases: 2:20-cv-00065-SRB,2:19-cv-05217-SRB,4:19-cv-00481-JCH) (MacWilliams, Philip) |
| Filing 95 RESPONSE to Motion re: (232 in 2:19-cv-05217-SRB, 232 in 2:19-cv-05217-SRB) MOTION to Consolidate Cases filed by C.M., L.G., M.R., O.A., V.C., A.P.F., J.V.S. **Redocketed by Clerk using correct event for statistical purposes.** (Associated Cases: 2:19-cv-05217-SRB, 2:20-cv-00065-SRB, 2:21-cv-00339-DLR, 2:22-cv-00683-MTL, 4:19-cv-00481-JCH) (DXD) |
| Filing 94 RESPONSE to Motion re: (232 in 2:19-cv-05217-SRB, 232 in 2:19-cv-05217-SRB) MOTION to Consolidate Cases , (91 in 4:19-cv-00481-JCH) Joint MOTION for Protective Order Federal Rule of Evidence 502(d) Order, (90 in 4:19-cv-00481-JCH) Joint MOTION for Protective Order filed by J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: #1 Exhibit 1) (Associated Cases: 2:19-cv-05217-SRB, 2:20-cv-00065-SRB, 2:21-cv-00339-DLR, 2:22-cv-00683-MTL, 4:19-cv-00481-JCH) (Rubin, Jacqueline) |
| Filing 93 RESPONSE to Motion re: ( 215 in 2:19-cv-05217-SRB) MOTION to Consolidate Cases for Common Policy-Based Discovery Only (Amended) filed by A.P.F., J.V.S.. (Associated Cases: 2:19-cv-05217-SRB, 2:20-cv-00065-SRB, 2:21-cv-00339-DLR, 4:19-cv-00481-JCH) (LAD) (Redocketed by clerk to correct event) |
| Filing 92 MOTION to Consolidate Cases by United States of America. (Attachments: #1 Proposed Order) (Associated Cases: 19-00481,19-05217,20-00065) (MacWilliams, Philip) |
| Filing 91 Joint MOTION for Protective Order Federal Rule of Evidence 502(d) Order by United States of America. (Attachments: #1 Proposed Order)(MacWilliams, Philip) |
| Filing 90 Joint MOTION for Protective Order by United States of America. (Attachments: #1 Proposed Order)(MacWilliams, Philip) |
| Filing 89 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant United States of America. (MacWilliams, Philip) |
| Filing 88 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs A.I.I.L., J.I.S., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) |
| Filing 87 ANSWER to #41 Amended Complaint,, by United States of America.(Majumdar, Irina) |
| Filing 86 NOTICE of Appearance by Ari Nazarov on behalf of United States of America. (Nazarov, Ari) |
| Filing 85 RESPONSE BRIEF by United States of America re #78 Brief (Non Appeal), . (Majumdar, Irina) |
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Filing 84
ORDER granting the Defendant United States' Unopposed Motion for Extension of Time to File Response to Supplemental Brief and Answer (Doc. #83 ). It is further ordered the United States shall file its brief in response to Plaintiffs' supplemental brief regarding venue on or before April 22, 2022; and the United States shall file its Answer to the First Amended Complaint on or before April 28, 2022. Signed by Judge John C Hinderaker on 4/13/2022. (ARC)
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| Filing 83 Consent MOTION for Extension of Time Extension of Time to File Response to Brief and Answer by United States of America. (Attachments: #1 Proposed Order)(MacWilliams, Philip) |
| Filing 82 NOTICE OF ATTORNEY APPEARANCE: Irina M. Majumdar appearing for United States of America. . (Majumdar, Irina) |
| Filing 81 NOTICE of Appearance by Ashley Rebecca Garman on behalf of United States of America. (Garman, Ashley) |
| Filing 80 NOTICE of Appearance by Sarah Klein on behalf of United States of America. (Klein, Sarah) |
| Filing 79 NOTICE of Appearance by Walter Edward Parker, IV on behalf of United States of America. (Parker, Walter) |
| Filing 78 BRIEF re: #77 Order on Motion to Dismiss/Lack of Jurisdiction,,, (Plaintiffs' Supplemental Brief on Transfer of Venue for Plaintiffs J.J.P.B. and A.E.P.F.) by Plaintiff J.J.P.B.. (Attachments: #1 Proposed Order)(Rubin, Jacqueline) |
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Filing 77
ORDERED GRANTING United States' Motion to Dismiss (Doc. #53 ) with respect to Plaintiffs J.J.P.B. and A.E.P.F.'s claims for improper venue. The Court will DEFER ruling on the dismissal or transfer of the claims pending additional briefing on the matter. Plaintiffs J.J.P.B. and A.E.P.F may file a supplemental Motion indicating where venue is most appropriate on or before April 8, 2022. The United States may file their response on or before April 15, 2022. The parties should ensure that all filings comply with Local Rules of Civil Procedure 7.1 and 7.2. It is further ordered denying United States' Motion to Dismiss (Doc. #53 ) as to the remaining claims. It is further ordered requiring the United States to answer the First Amended Complaint, with respect to the remaining allegations, no later than fourteen (14) days from the date of this Order. Signed by Judge John C Hinderaker on 3/31/2022. (See Order for complete details) (ARC)
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Filing 76
ORDERED GRANTING Defendants' Motion to Dismiss. (Doc. #52 .) Counts IVIII are DISMISSED WITHOUT LEAVE TO AMEND and the Individual Defendants, listed above in footnote one, are dismissed from this action. Signed by Judge John C Hinderaker on 3/31/2022. (ARC)
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Filing 75
ORDER granting #74 Plaintiffs' Motion to Lift Abeyance. This matter is no longer stayed. It is further ordered vacating the Status Conference set on Tuesday, January 11, 2022 at 11:30 a.m. (MST). Signed by Judge John C Hinderaker on 1/7/2022. (ARC)
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| Filing 74 MOTION to Lift Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: #1 Text of Proposed Order)(Rubin, Jacqueline) |
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Filing 73
ORDERED GRANTING Plaintiffs' Motion to Hold Action in Abeyance (Doc. #70 ). It is further ordered staying this matter, including all remaining deadlines and hearings, for a period of SIXTY (60) DAYS from the date of this order. It is further ordered setting a Status Conference on Tuesday, January 11, 2022 at 11:30 a.m. (MST). Signed by Judge John C Hinderaker on 11/18/2021. (See Order for complete details)(ARC)
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| Filing 72 REPLY to Response to Motion re: #70 Third MOTION to Hold Action in Abeyance filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) |
| Filing 71 RESPONSE in Opposition re: #70 Third MOTION to Hold Action in Abeyance filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) |
| Filing 70 Third MOTION to Hold Action in Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: #1 Text of Proposed Order)(Rubin, Jacqueline) |
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Filing 69
ORDER granting #67 Plaintiffs' Second Motion to Hold Action in Abeyance. It is further ordered STAYING this matter, including all remaining deadlines and hearings, for a period of SIXTY (60) DAYS from the date of this order. Signed by Judge John C Hinderaker on 8/13/2021. (ARC)
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| Filing 68 RESPONSE in Opposition re: #67 Second MOTION to Hold Action in Abeyance filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) |
| Filing 67 Second MOTION to Hold Action in Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Rubin, Jacqueline) |
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Filing 66
ORDERED GRANTING Plaintiffs' Motion to Hold Action in Abeyance (Doc. #63 ). It is further ordered STAYING this matter, including all remaining deadlines and hearings, for a period of SIXTY (60) DAYS from the date of this order. Signed by Judge John C Hinderaker on 6/1/2021. (ARC)
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| Filing 65 REPLY to Response to Motion re: #63 MOTION to Hold Action in Abeyance filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) |
| Filing 64 RESPONSE in Opposition re: #63 MOTION to Hold Action in Abeyance filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) |
| Filing 63 MOTION to Hold Action in Abeyance by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: #1 Text of Proposed Order)(Rubin, Jacqueline) |
| Filing 62 REPLY to Response to Motion re: #53 MOTION to Dismiss for Lack of Jurisdiction And For Improper Venue filed by United States of America. (MacWilliams, Philip) |
| Filing 61 REPLY to Response to Motion re: #52 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) |
| Filing 60 NOTICE of Attorney Withdrawal (Emily Goldberg) filed by Jacqueline P Rubin. (Rubin, Jacqueline) |
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Filing 59
ORDERED that the Motion (Doc. #57 ) is GRANTED. The Individual Defendants shall file their reply brief on or before February 5, 2021. Signed by Judge John C Hinderaker on 1/21/2021. (ARC)
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Filing 58
ORDERED that the Motion (Doc. #56 ) is GRANTED. Defendant United States shall file its reply brief on or before February 5, 2021. Signed by Judge John C Hinderaker on 1/21/2021. (ARC)
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| Filing 57 Consent MOTION for Extension of Time to File Response/Reply by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: #1 Text of Proposed Order)(Quast, Paul) |
| Filing 56 Consent MOTION for Extension of Time to File Response/Reply by United States of America. (Attachments: #1 Text of Proposed Order)(MacWilliams, Philip) |
| Filing 55 *RESPONSE in Opposition re: #53 MOTION to Dismiss for Lack of Jurisdiction And For Improper Venue filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) *Modified to correct event type on 12/30/2020 (ARC). |
| Filing 54 *RESPONSE in Opposition re: #52 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) *Modified to correct event type on 12/30/2020 (ARC). |
| Filing 53 MOTION to Dismiss for Lack of Jurisdiction And For Improper Venue by United States of America. (Attachments: #1 Exhibit Exhibit A with attachments)(MacWilliams, Philip) |
| Filing 52 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) |
| Due to the appointment of a new District Judge in the Tucson Division, this case is hereby reassigned by the Clerk to the Honorable District Judge John C Hinderaker. All future filings shall reflect the following case number CV 19-481-JCH. |
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Filing 51
ORDER GRANTING #50 Motion for Leave to File Excess Pages. IT IS ORDERED the page limits are enlarged to 35 pages for the motion to dismiss and opposing memorandum of law, and 20 pages for the reply in support. Defendant United States shall file its motion to dismiss on or before 11/23/20; Plaintiffs shall file their opposing memorandum of law on or before 12/23/20; and Defendant United States shall file its reply in support on or before 1/22/20. Signed by Judge Scott H Rash on 11/4/20. (BAC)
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| Filing 50 *Joint MOTION for Leave to File Excess Pages for Motion To Dismiss and Proposed Briefing Schedule by United States of America. (Attachments: #1 Text of Proposed Order)(MacWilliams, Philip) *Modified to reflect required document not attached on 11/4/2020 (MYE). |
| Filing 49 SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, First Amended Class Action Complaint, and Notice of Mandatory Initial Discovery Pilot Project upon United States of America on September 14, 2020. (Attachments: #1 Exhibit A-Affidavit of Service by Certified ail Return Receipt Requested)(Chepiga, Geoffrey) |
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Filing 48
ORDER granting #47 Joint Motion for Leave to File Excess Pages. It is further ordered the Individual Defendants shall file a consolidated motion to dismiss, not to exceed 60 pages; Plaintiffs shall file a consolidated opposition to the motion to dismiss, not to exceed 60 pages; and the Individual Defendants shall file a consolidated reply in support of their motion to dismiss, not to exceed 30 pages. Signed by Judge Scott H Rash on 10/13/2020. (ARC)
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| Filing 47 Joint MOTION for Leave to File Excess Pages by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: #1 Text of Proposed Order)(Quast, Paul) |
| Filing 46 NOTICE OF ATTORNEY APPEARANCE: Philip D. MacWilliams appearing for United States of America. . (MacWilliams, Philip) |
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Filing 45
ORDER granting #44 Joint Motion for Extension of Time. It is further ordered the Individual Defendants shall file a motion to dismiss on or before November 13, 2020; Plaintiffs shall file an opposition to the motion to dismiss on or before December 23, 2020; and the Individual Defendants shall file a reply in support of their motion to dismiss on or before January 27, 2021. Signed by Judge Scott H Rash on 9/15/2020. (ARC)
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| Filing 44 Joint MOTION for Extension of Time to Extend Deadlines and Set Briefing Schedule by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: #1 Text of Proposed Order)(Quast, Paul) |
| Filing 43 Summons Issued as to United States of America. (JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 42 SUMMONS Submitted by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) |
| Filing 41 AMENDED COMPLAINT , filed pursuant to the Court's Order granting Plaintiffs' motion for leave to file a First Amended Complaint [Dkt. No. 40] against Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Unknown Parties, Ronald D Vitiello, Margaret Wynne, United States of America filed by L.L.H.O., A.I.I.L., J.L.V.A., J.I.S., J.J.P.B..(Rubin, Jacqueline) |
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Filing 40
ORDERED the Plaintiffs' motion for leave to file a First Amended Complaint #37 is GRANTED and the First Amended Complaint shall be filed no later than Friday, September 25, 2020. IT IS FURTHER ORDERED the Defendants' motion to dismiss #28 is DENIED without prejudice. Signed by Judge Scott H Rash on 8/28/20. (MYE)
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| Filing 39 REPLY to Response to Motion re: #37 MOTION to Amend/Correct #1 Complaint (Leave to File a First Amended Class Action Complaint) filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) |
| Filing 38 RESPONSE to Motion re: #37 MOTION to Amend/Correct #1 Complaint (Leave to File a First Amended Class Action Complaint) filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) |
| Filing 37 MOTION to Amend/Correct #1 Complaint (Leave to File a First Amended Class Action Complaint) by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Proposed Amended Complaint, #3 Exhibit 2A - Presentment letter for Plaintiffs Ana, Jaime & Mateo, #4 Exhibit 2B - Presentment letter for Plaintiffs Lorena & Karina, #5 Exhibit 2C - Presentment letter for Plaintiffs Jorge & Diana, #6 Exhibit 2D - Presentment letter for Plaintiffs Jairo & Beatriz, #7 Exhibit 2E - Presentment letter for Plaintiffs Jacinto & Andres, #8 Text of Proposed Order)(Rubin, Jacqueline) |
| Due to the appointment of a new District Judge in the Tucson Division, this case is hereby reassigned by the Clerk to the Honorable District Judge Scott H. Rash. All future filings shall reflect the following case number CV 19-481-SHR. |
| Filing 36 RESPONSE re: #34 Notice (Other), #33 Notice (Other) / Plaintiffs' Response to Defendants' Notices of Supplemental Authorities by Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) |
| Filing 35 NOTICE of Appearance by Spencer E Amdur on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Amdur, Spencer) |
| Remark: Pro hac vice motion(s) granted for Spencer E Amdur on behalf of Plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) |
| Filing 34 NOTICE re: Supplemental Authority by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne re: #28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim . (Quast, Paul) |
| Filing 33 NOTICE re: Supplemental Authorities by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne re: #28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim . (Quast, Paul) |
| Filing 32 REPLY to Response to Motion re: #28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) |
| Filing 31 RESPONSE in Opposition re: #28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim , RESPONSE to Motion re: #28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Rubin, Jacqueline) |
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Filing 30
ORDER granting the stipulation (Doc. #29 ). Plaintiffs shall now file their opposition to Defendants' Motion to Dismiss on or before April 22, 2020, and Defendants shall file their consolidated reply in support of their Motion to Dismiss on or before June 2, 2020. Signed by Judge James A Soto on 3/23/2020. (ARC)
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| Filing 29 STIPULATION re: #28 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Stipulation for Extension of Time to file Opposition to the Defendants' Motion to Dismiss and Defendants' Reply thereto) by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: #1 Text of Proposed Order)(Chepiga, Geoffrey) |
| Filing 28 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) |
| Filing 27 NOTICE of Appearance by Stephen Kang on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Kang, Stephen) |
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Filing 26
ORDER granting #25 Motion for Leave to File Excess Pages. Signed by Judge James A Soto on 2/10/20.(JAS, kr)
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| Filing 25 Joint MOTION for Leave to File Excess Pages by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: #1 Text of Proposed Order)(Quast, Paul) |
| Remark: Pro hac vice motion(s) granted for Stephen Kang on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 24 NOTICE of Attorney Withdrawal filed by Molly Patricia Brizgys. (Brizgys, Molly) |
| Filing 23 NOTICE of Appearance by Christine Keeyeh Wee on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Wee, Christine) |
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Filing 22
ORDERED that the parties' joint #21 Motion to set a Briefing Schedule and Consolidate and Extend Deadlines is granted. It is further ordered that Plaintiffs' #2 Motion to Proceed Using Initials and Pseudonyms is granted. Signed by Judge James A Soto on 12/17/2019. (SEE ORDER FOR COMPLETE DETAILS.) (BAR)
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| Filing 21 Joint MOTION for Extension of Time Extend Deadlines and Set Briefing Schedule by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: #1 Text of Proposed Order)(Quast, Paul) |
| Filing 20 NOTICE of Appearance by Paul C Quast on behalf of Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) |
| Filing 19 NOTICE of Attorney Withdrawal Marty Lieberman filed by Molly Patricia Brizgys. (Brizgys, Molly) |
| Filing 18 NOTICE of Appearance by Molly Patricia Brizgys on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Brizgys, Molly) |
| Filing 17 *Redacted Summons pursuant to 11/12/19 Order by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Affidavit, #21 Affidavit, #22 Affidavit, #23 Affidavit)(Chepiga, Geoffrey) *Modified on 11/14/2019 to correct filing title (DLC). |
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Filing 16
ORDER granting #15 Motion to Seal Documents Containing Defendants' Home Addresses. Signed by Judge James A Soto on 11/12/19. (See attached PDF for complete information.) (KAH)
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| Filing 15 MOTION to Seal Document Containing Defendants' Home Addresses by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: #1 Text of Proposed Order)(Chepiga, Geoffrey) |
| Filing 14 SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Alex Azar on 10/16/2019. (Attachments: #1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, #2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) |
| Filing 13 SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Thomas Homan on 10/19/2019. (Attachments: #1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, #2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) |
| Filing 12 SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Stephen Miller on 10/16/2019. (Attachments: #1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, #2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) |
| Filing 11 SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Gene Hamilton on 10/15/2019. (Attachments: #1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, #2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) |
| Filing 10 SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Jefferson Beauregard Sessions III on 10/18/2019. (Attachments: #1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, #2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) |
| Remark: Out of state attorney Judy Rabinovitz removed as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Alexander A Reinert on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Geoffrey R Chepiga, Jacqueline P Rubin, and Steven C Herzog on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Anand Balakrishnan, Daniel A Galindo, Emily Goldberg, and Hallie S Goldblatt on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 8 SUMMONS Submitted by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: #1 Summons Margaret Wynne)(Lieberman, Martin) |
| Filing 7 Summons Reissued as to Mark Morgan to include Seal of the Clerk of the Court. (LML) |
| Filing 6 Summons Issued as to Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons)(LML) |
| Remark: Pro hac vice motion(s) granted for Lee Gelernt on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 5 SUMMONS Submitted by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: #1 Summons Alex Azar, Secretary of the US Dept. of HHS, #2 Summons L. Francis Cissna, Former Director of USCIS, #3 Summons Gene Hamilton, Counselor to the Attorney General, #4 Summons John F. Kelly, Former White House Chief of Staff and former DHS Secretary, #5 Summons E. Scott Lloyd, Former Director of the US Office of Refugee Resettlement, #6 Summons Kevin K. McAleenan, Acting Secretary of DHS and former Commissioner of CBP, #7 Summons Michael Bailey, US Attorney's Office, #8 Summons Stephen Miller, Senior Advisor to the President, #9 Summons Mark Morgan, Acting Commissioner of CBP, #10 Summons Kirstjen Nielsen, Former Secretary of DHS, #11 Summons Carla Provost, Chief of CBP US Border Control, #12 Summons Jefferson Beauregard Sessions, Former Attorney General of the United States, #13 Summons USA, Attorney General of the United States, #14 Summons Ronald D. Vitiello, Former Director of ICE)(Lieberman, Martin) |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ARC) |
| Filing 3 Filing fee paid, receipt number 0970-17474464. This case has been assigned to the Honorable James A Soto. All future pleadings or documents should bear the correct case number: CV-19-481-TUC-JAS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) |
| Filing 2 MOTION to Proceed Using Initials and Pseudonyms by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Lieberman, Martin) (Attachments: #1 Text of Proposed Order)(ARC) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17474464 filed by L.L.H.O., A.I.I.L., J.L.V.A., J.I.S., J.J.P.B.. (Lieberman, Martin) (Attachments: #1 Civil Cover Sheet)(ARC) |
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