Case: Ramos v. Ashcroft

Ramos v. Chertoff

Ramos v. Chertoff

No Court

COMPLAINT (Attachments) - Civil cover sheet - Appearance(s) of Patricia Mendoza, Steven I. Saltzman, Mary Margaret McCarthy, Charles G Roth, Alonzo Rivas as attorney(s) for plaintiffs (Four original and four copies summons(es) issued.) (Documents: 1-1 through 1-4) (hp) (Entered: 11/15/2002)

RECEIPT regarding payment of filing fee paid; on 11/14/02 in the amount of $150.00, receipt # 10316982. (hp) (Entered: 11/15/2002)

DESIGNATION OF ATTORNEY Sheila McNulty Entenman as US Attorney. (yp) (Entered: 11/20/2002)

MOTION by plaintiff for reassignment ; Memorandum in support (Attachments); Notice. (jmp) (Entered: 11/25/2002)

MINUTE ORDER of 11/23/02 by Hon. George W. Lindberg : Plaintiff's motion for reassignment is granted [3-1]. This action will be reassigned to the calendar of Judge David H. Coar. Mailed notice (jmp) (Entered: 11/25/2002)

REASSIGNMENT ORDER of 11/25/02 This case is reassigned to the Hon. David H. Coar from Hon. George W. Lindberg pursuant to 40.3(B) (2); this case appears to involve the same parties and subject matter as case number 01 C 2633 assigned to the calendar of Judge David H. Coar and dismissed prior to the filing of this case. (For further detail see order.) Mailed notice (jmp) (Entered: 11/26/2002)

SCHEDULE set on 1/15/03 by Hon. David H. Coar : Status hearing set to 9:00 1/28/03 . Mailed notice (pm) (Entered: 01/15/2003)

MOTION by plaintiffS for class certification , and to stay briefing schedule ; Notice (rmm) (Entered: 01/27/2003)

MOTION by plaintiffs for preliminary injunction , and to stay briefing schedule (rmm) (Entered: 01/27/2003)

MINUTE ORDER of 1/22/03 by Hon. David H. Coar: Plaintiffs' motion for preliminary injunction [7-1] and to stay briefing schedule [7-2] and Motion for class certification [6-1] and to stay briefing schedule [6-2] are entered and continued to 9:00 1/28/03. No notice (rmm) (Entered: 01/27/2003)

MOTION by defendants to dismiss case for lack of jurisdiction (Attachments); Memorandum in support; Notice. (air) (Entered: 01/29/2003)

MINUTE ORDER of 1/28/03 by Hon. David H. Coar: Answer brief to defendants' motion to dismiss case for lack of jurisdiction [9-1] due 2/18/03. Reply to answer brief due 2/28/03. Ruling on defendants' motion to dismiss will be by mail. Status hearing held. The briefing for the motion to dismiss is regarding the issue of jurisdiction. The briefing on the motion to dismiss for failure to state a claim will not proceed. Discovery is stayed pending ruling on jurisdiction. The motions for preliminary injunction [7-1] and motion for class certification [6-1] are continued until after the ruling on the jurisdictional issues. Mailed notice (air) Modified on 08/14/2003 (Entered: 01/29/2003)

FIRST AMENDED COMPLAINT [1-1] by plaintiffs (Attachments); Notice. (fce) (Entered: 02/20/2003)

MEMORANDUM by plaintiffs in opposition to defendants' motion to dismiss for lack of jurisdiction [9-1]; Notice. (fce) (Entered: 02/20/2003)

REPLY MEMORANDUM by government defendants in support of motion to dismiss case for lack of jurisdiction [9-1]; Declaration of Shirley Roberts. (jmp) (Entered: 04/30/2003)

MOTION by plaintiff for leave to conduct limited discovery Memorandum in support (Attachments); Notice. (jmp) Modified on 06/11/2003 (Entered: 06/11/2003)

MINUTE ORDER of 6/10/03 by Hon. David H. Coar : Plaintiffs' motion for leave to conduct limited discovery is granted to the extend that this Court will allow the taking of a one and half hour deposition of Shirley J. Roberts, said deposition is limited to what's in her declaration, the remainder of the motion is denied at this time[14-1]. Mailed notice (jmp) (Entered: 06/11/2003)

MOTION by plaintiffs' attorney, Patricia Mendoza to withdraw ; Notice (las) (Entered: 07/02/2003)

MINUTE ORDER of 7/1/03 by Hon. David H. Coar : Motion of Patricia Mendoza to withdraw is granted [16-1]. Leave granted Patricia Mendoza to withdraw as one of the attorneys for the plaintiffs. Mailed notice (las) (Entered: 07/02/2003)

MOTION by plaintiffs for leave to file a surreply in opposition to defendants' motion to dismiss ; Notice (hp) (Entered: 08/14/2003)

MINUTE ORDER of 8/13/03 by Hon. David H. Coar : Plaintiff's motion for leave to file a surreply in opposition to motion to dismiss is denied [18-1]. All briefs that are currently on file as to the motion to dismiss are stricken. Plaintiff to re-file an answer brief to the motion to dismiss within seven days; Defendants to re-file a reply brief sueven days thereafter. Mailed notice (hp) Modified on 08/14/2003 (Entered: 08/14/2003)

STATEMENT by parties regarding compliance with Court's August 13, 2003 order; Notice. (hp) (Entered: 08/27/2003)

MOTION by defendants to dismiss case for lack of jurisdiction ; Memorandum in support (Attachment). (hp) (Entered: 08/27/2003)

MEMORANDUM by plaintiffs in opposition to defendants' motion to dismiss case for lack of jurisdiction [9-1] [21-1] (Attachments); Notice. (hp) (Entered: 08/29/2003)

REPLY BRIEF by defendants in support of its motion to dismiss [21-1] (hp) (Entered: 09/08/2003)

MINUTE ORDER of 9/29/03 by Hon. David H. Coar : For the reasons given in the attached memorandum opinion, defendants' motion to dismiss [Doc. 21] is denied in its entirly. (Entered Memorandum Opinion and Order.) Mailed notice (hp)

REPORT by parties of planning conference; Notice (hp) (Entered: 11/20/2003)

MOTION by defendants to dismiss case ; Memorandum in support (hp) (Entered: 11/21/2003)

SCHEDULE set on 11/24/03 by Hon. David H. Coar : Status hearing held. Rule 16(b) scheduling conference held. All disclosures required by Rule 26(a)(1) have been made. Any amendments to pleadings or actions to join other parties shall be filed on or before 1/5/04. Motion Dispositive - Rule 56 Motions due on or before 6/15/04. Discovery ordered closed on 5/17/04. Final pretrial order to be submitted on 9/23/04 . Pretrial conference set to 11:00 10/1/04. If necessary, Jury trial set to 10:00 10/4/04. The parties are directed to review this court's standing orders. Copies are available in chambers or through the court's web page. Mailed notice (pm) (Entered: 11/24/2003)

MINUTE ORDER of 11/24/03 by Hon. David H. Coar : Filed defendants motion to dismiss. [26-1] Answer brief to motion due 12/15/03. Reply to answer brief due 01/05/04. Ruling on motion to dismiss by defendants [26-1] set for 01/14/04 at 9:00 a.m. The Court will enter the discovery and trial schedule as stated on the record. Notices mailed by judge's staff (hp) (Entered: 11/25/2003)

MEMORANDUM by plaintiffs in opposition to defendants' motion to dismiss for failure to state a claim [26-1] (Attachment); Notice (hp) (Entered: 12/16/2003)

REPLY brief by defendants in support of motion to dismiss case [26-1]. (jmm) Modified on 01/13/2004 (Entered: 01/07/2004)

MOTION by plaintiffs for leave to file second amended complaint (Attachments); Notice (ntf) (Entered: 01/16/2004)

MINUTE ORDER of 1/12/04 by Hon. David H. Coar : Ruling on the motion to dismiss is reset to 01/15/04 at 9:00 a.m. [26-1] The date of 01/14/04 is stricken. Telephoned notice (hp) (Entered: 01/13/2004)

MINUTE ORDER of 1/15/04 by Hon. David H. Coar : Plaintiffs motion for leave to file second amended complaint is granted [32-1]. Second Amended Complaint to be filed on or before 01/26/04. No notice (ntf) (Entered: 01/16/2004)

MINUTE ORDER of 1/15/04 by Hon. David H. Coar : For the reasons given in the attached memorandum opinion and order, defendants' motion to dismiss case Doc. [26-1] is granted in part and denied in part; the motion is granted as to Count II, Count III, and Count IV, but it is denied as to Count I. Entered Memorandum Opinion and Order. No notice (eav)

SECOND AMENDED COMPLAINT [11-1] by plaintiffs (Attachments); Notice (hp) (Entered: 01/27/2004)

TRANSCRIPT of proceedings for the following date(s): 01/27/04 Before Honorable David H. Coar (hp) (Entered: 02/09/2004)

EXECUTIVE committee 3/3/04 This case is reassigned to the Hon. Mark Filip Mailed notice (amb) (Entered: 03/05/2004)

MINUTE ORDER of 3/8/04 by Hon. Mark Filip : This matter is set for a status conference on 3/25/04 at 4:00 p.m. (Entered Order Requiring Status Report and Setting Status Hearing for Cases Newly Assigned to Judge Filip). Mailed notice (las) (Entered: 03/08/2004)

MOTION by defendants' to extend time to answer or otherwise plead to the second amended complaint ; Notice. (vmj) (Entered: 03/26/2004)

JOINT STATUS REPORT by parties; Notice. (hp) (Entered: 03/24/2004)

RESPONSE by plaintiffs to defendants motion to extend time to answer or otherwise plead; Notice. (hp) (Entered: 03/25/2004)

MINUTE ORDER of 3/25/04 by Hon. Mark Filip: Status hearing held and continued to 10:00 a.m. on 5/13/04. Defendants' motion to extend time to answer or otherwise plead to the second amended complaint, to and including 4/5/04, is granted [39-1]. Plaintiffs are given to and including 4/9/04 in which to file their motion for class certification. Defendants are given until 5/10/04 to file response to class certification motion and plaintiffs are given until 6/7/04 to file reply. Ruling will be by mail. Settlement conference set for 11:00 a.m. on 5/11/04. Mailed notice (vmj) (Entered: 03/26/2004)

MOTION by defendants to dismiss the second amended complaint ; Memorandum in support (Attachment). (hp) (Entered: 04/06/2004)

NOTICE by defendants of motion regarding motion to dismiss the second amended complaint [41-1] (Attachments). (cem) (Entered: 04/13/2004)

MOTION by plaintiffs for class certification ; Memorandum in support (Attachments); Notice (hp) (Entered: 04/12/2004)

MINUTE ORDER of 4/12/04 by Hon. Mark Filip : Plaintiffs to respond to defendants' motion to dismiss second amended complaint [41-1] on or before 4/27/04; defendants reply due by 5/11/04. Ruling on motion to dismiss will be by mail. Telephoned notice (cem) (Entered: 04/13/2004)

MEMORANDUM of law by plaintiffs in opposition to defendants' motion to dismiss the second amended complaint [41-1]; Notice. (hp) (Entered: 04/28/2004)

MOTION by plaintiffs for a protective order ; Memorandum in support (Attachments); Notice. (hp) (Entered: 05/06/2004)

ORAL MOTION by plaintiffs to continue motion for a protective order . (hp) (Entered: 05/06/2004)

MINUTE ORDER of 5/4/04 by Hon. Mark Filip : On plaintiffs' oral motion, [0-0] motion for a protective order [46-1] is entered and continued to 05/10/04 at 11:00 a.m. Telephoned notice (hp) (Entered: 05/06/2004)

AMENDED motion by plaintiffs for a protective order [46-1]; Notice. (hp) (Entered: 05/11/2004)

ORAL MOTION by plaintiffs for Jorge Sanchez for leave to file his appearance as additional counsel (hp) (Entered: 05/11/2004)

MINUTE ORDER of 5/10/04 by Hon. Mark Filip : Filed plaintiff's amended motion for a protective order. [48-1] Answer brief to motion due 05/24/04. Reply to answer brief due 05/31/04. Ruling on plaintiffs' amended motion for a protective order set for 06/07/04 at 11:00 a.m. Oral motion of Jorge Sanchez for leave to file his appearance as addition counsel for plaintiffs is granted. [0-1] Briefing on motion for class certification is held in abeyance pending ruling on amended motion for protective order. [42-1] Mailed notice (hp) Modified on 05/11/2004 (Entered: 05/11/2004)

MOTION by plaintiffs for leave to conduct limited discovery (hp) (Entered: 05/12/2004)

MEMORANDUM of law by plaintiffs in opposition to defendants' motion to dismiss second amended complaint [41-1] (Attachments). (hp) (Entered: 05/12/2004)

SCHEDULE set on 5/11/04 by Hon. Mark Filip : Settlement conference set for 11:00 6/3/04 . No notice (tbk) (Entered: 05/11/2004)

MINUTE ORDER of 5/11/04 by Hon. Mark Filip: Plaintiffs' motion to supplement the record is stricken without prejudice to refiling at an appropriate juncture in the case. Mailed notice (hp) (Entered: 05/12/2004)

MINUTE ORDER of 6/3/04 by Hon. Mark Filip : Settlement conference held and continued to 07/06/04 at 11:00 a.m. Mailed notice (hp) (Entered: 06/04/2004)

MINUTE ORDER of 7/6/04 by Hon. Mark Filip: Settlement conference held. All pending motions are withdrawn without prejudice to reinstatement. Settlement conference continued to 08/20/04 at 11:00 a.m. Mailed notice (ntf) (Entered: 07/07/2004)

SCHEDULE set on 8/17/04 by Hon. Mark Filip : Settlement conference re- set for 11:00 9/9/04 . Mailed notice (tbk) (Entered: 08/17/2004)

MINUTE ORDER of 9/9/04 by Hon. Mark Filip : Settlement conference held and continued to 9/23/04 at 11:00 a.m. Mailed notice (cem) (Entered: 09/10/2004)

MINUTE ORDER of 9/24/04 by Hon. Mark Filip : Settlement conference held and continued to 09/27/04 at 11:00 a.m. No notice (hp) (Entered: 09/27/2004)

SCHEDULE set on 9/27/04 by Hon. Mark Filip : Settlement conference held. No notice (tbk) (Entered: 09/27/2004)

SCHEDULE set on 9/27/04 by Hon. David H. Coar : Pretrial conference scheduled for 10/1/04 before Judge Coar is stricken. Mailed notice (pm) (Entered: 09/27/2004)

SCHEDULE set on 9/28/04 by Hon. David H. Coar : Trial scheduled for 10/4/04 before Judge Coar is stricken, as this case is now before Judge Filip. No notice (pm) (Entered: 09/28/2004)

SCHEDULE set on 11/17/04 by Hon. Mark Filip : Status hearing set to 9:30 11/30/04 . Mailed notice (tbk) (Entered: 11/17/2004)

SCHEDULE set on 11/30/04 by Hon. Mark Filip : Status hearing held. Settlement conference set for 11:00 12/14/04 . No notice (tbk) (Entered: 11/30/2004)

MINUTE ORDER of 12/22/04 by Hon. Mark Filip : The settlement conference is rescheduled for 01/06/05 at 10:00 a.m. The government is requested to bring someone from C.I.S. to the conference with settlement authority. Mailed notice (hp) (Entered: 12/27/2004)

SCHEDULE set on 1/6/05 by Hon. Mark Filip : Status hearing set to 9:45 1/20/05 . Settlement conference held. No notice (tbk) (Entered: 01/06/2005)

MINUTE entry before Judge Mark Filip : Status hearing reset for 1/28/2005 at 09:30 AM. (No notices, notified counsel by phone) (tbk, ) (Entered: 01/19/2005)

MINUTE entry before Judge Mark Filip : Status hearing held on 1/28/2005 Status hearing set for 2/9/2005 at 09:30 AM. (No notices, advised in open court) (tbk, ) (Entered: 01/28/2005)

MINUTE entry before Judge Mark Filip : Status hearing reset for 2/16/2005 at 09:30 AM. (Notified counsel by telephone) (tbk, ) (Entered: 02/03/2005)

MINUTE entry before Judge Mark Filip : Status hearing held on 2/16/2005. Status hearing set for 2/25/2005 at 09:30 AM. (no notices, advised in open court) (tbk, ) (Entered: 02/16/2005)

MINUTE entry before Judge Mark Filip : Status hearing held on 2/25/2005 Status hearing set for 3/4/2005 at 09:30 AM. No notice (tbk, ) (Entered: 02/25/2005)

MINUTE entry before Judge Mark Filip : Status hearing held on 3/4/2005; No notice (tbk, ) (Entered: 03/04/2005)

AGREED MOTION by Plaintiffs for preliminary approval of settlement agreement. (rbf, ) Additional attachment(s) added on 10/27/2006 (cdy, ). (Entered: 03/31/2005)

NOTICE of Motion by Alonzo Rivas for presentment of motion for preliminary approval of settlement agreement 65 before Honorable Mark Filip on 4/5/2005 at 10:30 AM. (rbf, ) (Entered: 03/31/2005)

AGREED MOTION by parties for approval of attorney's fees and cost pursuant to settlement agreement.(rbf, ) (Entered: 03/31/2005)

NOTICE of Motion by Alonzo Rivas for presentment of motion for approval of attorney's fees and costs pursuant to the settlement agreement 67 before Honorable Mark Filip on 4/5/2005 at 10:30 AM. (rbf, ) (Entered: 03/31/2005)

MINUTE entry before Judge Mark Filip : MOTION by Plaintiffs Justino Castaneda, Efren de la Torre, Maria Rosa Ramos, Apolinar Ochoa, Argmira Ochoa, Nicolas Olivares, Fermin Gutierrez, Fernando Carranza, Gabriel Torres, Juan Rodriguez, Hector Diaz65,for Preliminary Approval of Settlement Agreement is Granted. MOTION by Plaintiffs Justino Castaneda, Efren de la Torre, Maria Rosa Ramos, Apolinar Ochoa, Argmira Ochoa, Nicolas Olivares, Fermin Gutierrez, Fernando Carranza, Gabriel Torres, Juan Rodriguez, Hector Diaz67for Approval of Attorneys Fees is entered and continued generally. Fairness hearing set for 6/10/2005 at 10:00 AM. Judicial staff mailed notice (tbk, ) (Entered: 04/05/2005)

OBJECTION by Cristano Leyva to proposed settlement agreement (gma, ) Modified on 3/1/2007 (lcw) (Entered: 05/31/2005)

NOTICE of Motion by Crisanto Leyva for presentment of OBJECTION to proposed settlement agreement before Honorable Mark Filip on 6/10/2005 at 09:00 AM. (gma, ) (Entered: 05/31/2005)

MOTION by F.C. and L.O. requesting clarification of the proposed settlement agreement (gma, ) (Entered: 05/31/2005)

NOTICE of Motion by F.C., L.O. for presentment of MOTION by F.C. and L.O. requesting clarification of the proposed settlement agreement 72 before Honorable Mark Filip on 6/10/2005 at 10:00 AM. (gma, ) (Entered: 05/31/2005)

OBJECTION by Martin Barrios to proposed settlement agreement (gma, ) Modified on 3/1/2007 (lcw, ). (Entered: 05/31/2005)

NOTICE of Motion by Martin Barrios for presentment of OBJECTION to proposed settlement agreement before Honorable Mark Filip on 6/10/2005 at 09:00 AM. (gma, ) (Entered: 05/31/2005)

NOTICE of Motion by Leonor Garcia for presentment of OBJECTION to proposed settlement agreement before Honorable Mark Filip on 6/10/2005 at 09:00 AM. (gma, ) (Entered: 05/31/2005)

OBJECTION by Leonor Garcia to proposed settlement agreemant. (Previously Misplaced Document) (Document Not Scanned) (lcw, ) (Entered: 03/01/2007)

MINUTE entry before Judge Mark Filip : Fairness hearing held. This Court overrules the objections of Leonor Garcia, Crisanto Leyva, and Martin Barrios. Attorney Steven Saltzman appointed as class counsel. MOTION by Plaintiffs Justino Castaneda, Efren de la Torre, Maria Rosa Ramos, Apolinar Ochoa, Argmira Ochoa, Nicolas Olivares, Fermin Gutierrez, Fernando Carranza, Gabriel Torres, Juan Rodriguez, Hector Diaz67,for approval of attorneys' fees and costs is granted. MOTION to clarify72is denied for reasons stated on the record. No notice (tbk, ) (Entered: 06/10/2005)

AGREED PROPOSED FINDINGS of fact and conclusions of law on the issue of attorneys fees and costs 67 by Plaintiffs ; Notice of filing. (hp, ) (Entered: 07/01/2005)

AGREED MOTION by parties to adopt the parties' proposed findings of fact and conclusions of law (Exhibits) (las, ) (Entered: 07/22/2005)

NOTICE of Motion by parties for presentment of their agreed motion to adopt the parties' proposed findings of fact and conclusions of law79 before Honorable Mark Filip on 8/1/2005 at 09:30 AM. (las, ) (Entered: 07/22/2005)

MINUTE entry before Judge Mark Filip : The Parties' Agreed Motion to adopt their Proposed Findings of Fact and Conclusions of Law on the Issue of Attorneys' Fees and Costs, and the Parties' Agreed Motion for Approval of Attorneys' Fees and Costs Pursuant to the Settlement Agreement (D.E. 79), are granted 79. The findings of fact and conclusions of law are entered, as modified and as stated below, and Plaintiffs are awarded $90,000.00 in fees and costs, which consist of $87,554.00 in fees and $2,446.00 in costs ($150.00 in filing fees; $1,075.45 for deposition transcripts; and $1,220.55 in copying costs). As explained further below, the Court commends all counsel for their efforts in the case. Mailed notice (rmm, ) (Entered: 08/15/2005)

MINUTE entry before Judge Mark Filip : All matters in controversy having been settled, the above-entitled case is hereby dismissed. Any and all pending motions are dismissed as moot. Civil case terminated. Mailed notice (hp, ) (Entered: 08/16/2005)