1
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COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 350 receipt number 0974-5278217.), filed by Christian Ramirez, Ray Askins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)The new case number is 3:12-cv-2600-W-BLM. Judge Thomas J. Whelan and Magistrate Judge Barbara Lynn Major are assigned to the case. (Woodmansee, Mark)(vam) (cap). (Entered: 10/25/2012)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Civil Cover Sheet
View on PACER
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Oct. 24, 2012
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Oct. 24, 2012
RECAP
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2
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NOTICE of Party With Financial Interest by Ray Askins, Christian Ramirez. (vam) (cap). (Entered: 10/25/2012)
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Oct. 24, 2012
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Oct. 24, 2012
PACER
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3
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Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (vam) (cap). (Entered: 10/25/2012)
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Oct. 25, 2012
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Oct. 25, 2012
PACER
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4
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NOTICE of Appearance by Patrick George Nemeroff on behalf of David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford (Nemeroff, Patrick)(srm). (Entered: 12/06/2012)
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Dec. 6, 2012
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Dec. 6, 2012
PACER
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5
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NOTICE of Appearance by Mary Prendergast on behalf of Ray Askins, Christian Ramirez (Prendergast, Mary) (srm). (Entered: 12/07/2012)
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Dec. 7, 2012
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Dec. 7, 2012
PACER
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6
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NOTICE of Appearance by Kimberly Rhea Gosling on behalf of Ray Askins, Christian Ramirez (Gosling, Kimberly) (srm). (Entered: 12/07/2012)
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Dec. 7, 2012
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Dec. 7, 2012
PACER
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7
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SUMMONS Returned Executed by Christian Ramirez, Ray Askins. Billy Whitford served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)
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Dec. 7, 2012
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Dec. 7, 2012
PACER
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8
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SUMMONS Returned Executed by Christian Ramirez, Ray Askins. David V. Aguilar served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)
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Dec. 7, 2012
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Dec. 7, 2012
PACER
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9
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SUMMONS Returned Executed by Christian Ramirez, Ray Askins. Frank Jaramillo served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)
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Dec. 7, 2012
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Dec. 7, 2012
PACER
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10
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SUMMONS Returned Executed by Christian Ramirez, Ray Askins. United States Customs and Border Protection Officers served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)
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Dec. 7, 2012
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Dec. 7, 2012
PACER
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11
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SUMMONS Returned Executed by Christian Ramirez, Ray Askins. United States Department of Homeland Security served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)
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Dec. 7, 2012
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Dec. 7, 2012
PACER
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12
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SUMMONS Returned Executed by Christian Ramirez, Ray Askins. David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford served. (Woodmansee, Mark Andrew) (srm). (Entered: 12/07/2012)
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Dec. 7, 2012
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Dec. 7, 2012
PACER
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13
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NOTICE of Appearance by John David Loy on behalf of Ray Askins, Christian Ramirez (Attachments: # 1 Proof of Service)(Loy, John) (srm). (Entered: 12/07/2012)
1 Proof of Service
View on PACER
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Dec. 7, 2012
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Dec. 7, 2012
PACER
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14
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NOTICE of Appearance by Sean Connor Riordan on behalf of Ray Askins, Christian Ramirez (Attachments: # 1 Proof of Service)(Riordan, Sean) (srm). (Entered: 12/07/2012)
1 Proof of Service
View on PACER
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Dec. 7, 2012
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Dec. 7, 2012
PACER
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15
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Joint MOTION for Extension of Time to File Response/Reply to Complaint by David V. Aguilar, Ray Askins, Frank Jaramillo, Christian Ramirez, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) (srm). (Entered: 12/11/2012)
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Dec. 11, 2012
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Dec. 11, 2012
PACER
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16
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ORDER Granting 15 Joint Motion for Extension of Time to File Response. Defendants are directed to respond to 1 Complaint no later than January 30, 2013. Signed by Judge Thomas J. Whelan on 12/11/2012. (srm) (jcj). (Entered: 12/12/2012)
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Dec. 11, 2012
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Dec. 11, 2012
PACER
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17
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Joint MOTION for Extension of Time to File Response/Reply to Complaint by David V. Aguilar, Ray Askins, Frank Jaramillo, Christian Ramirez, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) (srm). (Entered: 01/25/2013)
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Jan. 25, 2013
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Jan. 25, 2013
PACER
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18
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ORDER Granting 17 Joint Motion for Extension of Time to File Response/Reply. Defendants' answer/response due 2/13/2013. Signed by Judge M. James Lorenz on 1/28/2013. (srm) (jcj). (Entered: 01/29/2013)
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Jan. 29, 2013
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Jan. 29, 2013
PACER
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19
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MOTION for Preliminary Injunction by Ray Askins, Christian Ramirez. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Askins, # 3 Declaration Ramirez, # 4 Declaration Young, # 5 Declaration Woodmansee, # 6 Exhibit A to Woodmansee Dec, # 7 Exhibit B to Woodmansee Dec, # 8 Exhibit C to Woodmansee Dec, # 9 Exhibit D to Woodmansee Dec, # 10 Exhibit E to Woodmansee Dec)(Woodmansee, Mark Andrew) (srm). (Entered: 01/29/2013)
1 Memo of Points and Authorities
View on PACER
2 Declaration Askins
View on PACER
3 Declaration Ramirez
View on PACER
4 Declaration Young
View on PACER
5 Declaration Woodmansee
View on PACER
6 Exhibit A to Woodmansee Dec
View on PACER
7 Exhibit B to Woodmansee Dec
View on PACER
8 Exhibit C to Woodmansee Dec
View on PACER
9 Exhibit D to Woodmansee Dec
View on PACER
10 Exhibit E to Woodmansee Dec
View on PACER
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Jan. 29, 2013
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Jan. 29, 2013
PACER
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20
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NOTICE of Appearance by Jeffrey M. David on behalf of Ray Askins, Christian Ramirez (David, Jeffrey) (srm). (Entered: 02/05/2013)
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Feb. 5, 2013
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Feb. 5, 2013
PACER
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21
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ORDER Resetting Hearing Date and Setting Briefing Schedule on 19 Plaintiff's Motion for Preliminary Injunction. The hearing date for the motion is rescheduled to March 27, 2013 at 10:00 a.m. Defendants' opposition due February 22, 2013. Plaintiff's reply due March 1, 2013. Signed by Judge Thomas J. Whelan on 2/6/2013. (srm) (Entered: 02/06/2013)
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Feb. 6, 2013
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Feb. 6, 2013
PACER
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22
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MOTION to Dismiss for Failure to State a Claim by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Nemeroff, Patrick) Modified on 2/14/2013, notice of non-compliance prepared (srm). (Entered: 02/13/2013)
1 Memo of Points and Authorities
View on PACER
2 Exhibit A
View on RECAP
3 Exhibit B
View on RECAP
4 Exhibit C
View on RECAP
5 Exhibit D
View on RECAP
6 Exhibit E
View on RECAP
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Feb. 13, 2013
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Feb. 13, 2013
PACER
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23
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NOTICE of Non-Compliance with Local Rule 5.1(a) Legibility, re 22 MOTION to Dismiss for Failure to State a Claim filed by Billy Whitford, Frank Jaramillo, David V. Aguilar, United States Department of Homeland Security. (srm) (Entered: 02/14/2013)
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Feb. 14, 2013
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Feb. 14, 2013
PACER
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24
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Joint MOTION for Leave to File Excess Pages by David V. Aguilar, Ray Askins, Frank Jaramillo, Christian Ramirez, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) (srm). (Entered: 02/19/2013)
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Feb. 19, 2013
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Feb. 19, 2013
PACER
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25
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Joint MOTION for Extension of Time to File Briefs for Plaintiffs' Motion for Preliminary Injunction and Defendants' Motion to Dismiss by Ray Askins, Christian Ramirez. (Woodmansee, Mark Andrew) (srm). (Entered: 02/20/2013)
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Feb. 20, 2013
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Feb. 20, 2013
PACER
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26
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ORDER Granting 24 Motion for Leave to File Excess Pages. Signed by Judge Thomas J. Whelan on 2/20/2013. (srm) (jcj). (Entered: 02/20/2013)
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Feb. 20, 2013
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Feb. 20, 2013
PACER
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27
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RESPONSE in Opposition re 19 MOTION for Preliminary Injunction filed by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. (Attachments: # 1 Declaration of Billy Whitford)(Nemeroff, Patrick) (srm). (Entered: 02/22/2013)
1 Declaration of Billy Whitford
View on PACER
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Feb. 22, 2013
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Feb. 22, 2013
PACER
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28
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ORDER Resetting Hearing Date and Setting Briefing Schedule. The hearing date for Plaintiff's Motion For Preliminary Injuction is rescheduled for 4/15/2013 10:30 AM before Judge Thomas J. Whelan. Hearing on Defendants' Motion to Dismiss reschedule for 4/15/2013. The Court will decided motion on the papers and without oral argument. Replies to Motion for Preliminary Injunction due 3/8/2013. Replies to Motion to Dismiss due by 3/27/2013. Signed by Judge Janis L. Sammartino on 2/27/2013. (srm) (jcj). (Entered: 02/27/2013)
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Feb. 27, 2013
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Feb. 27, 2013
PACER
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29
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Joint MOTION for Leave to File Excess Pages for Plaintiffs Reply in Support of Motion for Preliminary Injunction and Defendants Reply in Support of Motion to Dismiss by Ray Askins, Christian Ramirez. (Woodmansee, Mark Andrew) (srm). (Entered: 03/07/2013)
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March 7, 2013
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March 7, 2013
PACER
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30
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REPLY to Response to Motion re 19 MOTION for Preliminary Injunction filed by Ray Askins, Christian Ramirez. (Attachments: # 1 Declaration Askins, # 2 Declaration Woodmansee, # 3 Exhibit A to Woodmansee Decl, # 4 Exhibit B to Woodmansee Decl, # 5 Exhibit C to Woodmansee Decl)(Woodmansee, Mark Andrew) (srm). (Entered: 03/08/2013)
1 Declaration Askins
View on PACER
2 Declaration Woodmansee
View on PACER
3 Exhibit A to Woodmansee Decl
View on PACER
4 Exhibit B to Woodmansee Decl
View on PACER
5 Exhibit C to Woodmansee Decl
View on PACER
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March 8, 2013
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March 8, 2013
PACER
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31
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ORDER Granting 29 Joint Motion for Leave to File Excess Pages, Extending Page Limit For Multiple Reply Briefs. Signed by Judge Thomas J. Whelan on 3/11/2013. (srm) (jcj). (Entered: 03/12/2013)
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March 11, 2013
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March 11, 2013
PACER
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32
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RESPONSE in Opposition re 22 MOTION to Dismiss for Failure to State a Claim filed by Ray Askins, Christian Ramirez. (Woodmansee, Mark Andrew) (srm). (Entered: 03/13/2013)
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March 13, 2013
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March 13, 2013
PACER
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33
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REPLY to Response to Motion re 22 MOTION to Dismiss for Failure to State a Claim filed by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) (leh). (Entered: 03/27/2013)
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March 27, 2013
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March 27, 2013
PACER
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34
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ORDER Vacating Preliminary Injunction Hearing. The Court VACATES the April 15, 2013 hearing date on (Doc. 19 ) Plaintiff's motion for preliminary injunction. There shall be no oral argument on this matter. Signed by Judge Thomas J. Whelan on 4/12/2013. (srm) (jcj). (Entered: 04/12/2013)
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April 12, 2013
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April 12, 2013
PACER
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35
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ORDER Denying 19 Motion for Preliminary Injunction. Signed by Judge Thomas J. Whelan on 4/12/2013. (srm) (Entered: 04/12/2013)
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April 12, 2013
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April 12, 2013
RECAP
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36
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ORDER TO SHOW CAUSE. Plaintiffs and Defendants are directed to submit briefs to this Court addressing the questions no later than 5:00 PM on August 23, 2013. Signed by Judge Thomas J. Whelan on 8/9/2013.(vam) (Entered: 08/09/2013)
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Aug. 9, 2013
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Aug. 9, 2013
PACER
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37
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Joint MOTION for Extension of Time to File Response to Order to Show Cause by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) Modi (vam). (Entered: 08/14/2013)
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Aug. 14, 2013
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Aug. 14, 2013
PACER
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38
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ORDER Extending Deadline to File Supplementary Briefing in Response to Order to Show Cause 37 . The Court grants the joint motion, and extends the deadline to file simultaneous supplemental briefing in response to the Court's Order to Show Cause to September 20, 2013 at 5:00 p.m. Signed by Judge Thomas J. Whelan on 8/15/2013. (vam) (Entered: 08/15/2013)
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Aug. 15, 2013
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Aug. 15, 2013
PACER
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39
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SUPPLEMENTAL BRIEFING by Defendants David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford re 36 Order to Show Cause . (Nemeroff, Patrick) (vam). (Entered: 09/20/2013)
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Sept. 20, 2013
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Sept. 20, 2013
PACER
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40
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SUPPLEMENTAL BRIEFING by Plaintiffs Ray Askins, Christian Ramirez re 36 Order to Show Cause Regarding Motion to Dismiss. (Woodmansee, Mark Andrew) (vam). (Entered: 09/20/2013)
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Sept. 20, 2013
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Sept. 20, 2013
PACER
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41
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AMENDED DOCUMENT by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. Amendment to 39 Supplemental Briefing . (Nemeroff, Patrick) (vam). (Entered: 09/23/2013)
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Sept. 23, 2013
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Sept. 23, 2013
PACER
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42
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ORDER Granting in Part and Denying in Part 22 Motion to Dismiss for Failure to State a Claim. For the reasons stated herein, the Court Grants in Part and Denies in Part Defendants' motion to dismiss. The Court Further Orders that the Defendants' motion to dismiss with respect to Plaintiffs' First Amendment claims is Granted With Leave to Amend. This dismissal applies only to Plaintiffs' claims that the Defendants' photography policy is unconstitutional under the First Amendment. To the extend Defendants move to dismiss Plaintiffs' First Amendment claims because they do not establish a pattern or practice the motion is Denied. Defendants did not move to dismiss the remaining First Amendment claims. Defendants' motion to dismiss Plaintiffs' Fourth Amendment claims, to the extent that Plaintiffs claim that Defendants photography policyexplicitly condones deletion of photographs, is Granted. Because Plaintiffs cannot show that Defendants' written policy condones deletion of pictures, leave to amend would be futile, and this claim is thus Dismissed with Prejudice. Defendants motion to dismiss the remainder of Plaintiffs' Fourth Amendment claims is Denied. Signed by Judge Thomas J. Whelan on 9/30/2013. (leh) (Entered: 09/30/2013)
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Sept. 30, 2013
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Sept. 30, 2013
RECAP
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43
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Joint MOTION for Extension of Time to File Motion for Clarification or Reconsideration by David V. Aguilar, Frank Jaramillo, United States Department of Homeland Security, Billy Whitford. (Nemeroff, Patrick) (leh). (Entered: 10/24/2013)
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Oct. 24, 2013
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Oct. 24, 2013
PACER
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44
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ORDER Granting 43 Joint Motion for Extension of Time to File Motion for Clarification or Reconsideration. It is hereby ordered that Defendant's shall file any such motion by 11/27/2013. Signed by Judge Thomas J. Whelan on 10/24/2013. (leh) (Entered: 10/25/2013)
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Oct. 24, 2013
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Oct. 24, 2013
PACER
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45
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NOTICE by David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford of Substitution of Counsel (Buckingham, Stephen)Attorney Stephen J. Buckingham added to party David V. Aguilar(pty:dft), Attorney Stephen J. Buckingham added to party Frank Jaramillo(pty:dft), Attorney Stephen J. Buckingham added to party United States Customs and Border Protection Officers(pty:dft), Attorney Stephen J. Buckingham added to party United States Department of Homeland Security(pty:dft), Attorney Stephen J. Buckingham added to party Billy Whitford(pty:dft) (srm). (Entered: 11/22/2013)
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Nov. 22, 2013
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Nov. 22, 2013
PACER
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46
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MOTION for Reconsideration re 42 Order on Motion to Dismiss for Failure to State a Claim, by David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Attachments: # 1 Memo of Points and Authorities)(Buckingham, Stephen) (ag). (Entered: 11/27/2013)
1 Memo of Points and Authorities
View on PACER
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Nov. 27, 2013
|
Nov. 27, 2013
PACER
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47
|
RESPONSE in Opposition re 46 MOTION for Reconsideration re 42 Order on Motion to Dismiss for Failure to State a Claim, filed by Ray Askins, Christian Ramirez. (Woodmansee, Mark Andrew) (srm). (Entered: 12/11/2013)
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Dec. 11, 2013
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Dec. 11, 2013
PACER
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48
|
REPLY to Response to Motion re 46 MOTION for Reconsideration re 42 Order on Motion to Dismiss for Failure to State a Claim, filed by David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Buckingham, Stephen) (knb). (Entered: 12/23/2013)
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Dec. 23, 2013
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Dec. 23, 2013
PACER
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49
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ORDER granting in part and denying in part Defendants' 46 Motion for Reconsideration re 42 Order on Motion to Dismiss for Failure to State a Claim. Court denies Dfts' motion insofar as Plaintiffs' First Amendment claims as to a pattern or practice, and Plaintiffs' being given leave to amend. Court grants Dfts' motion insofar as Dfts' Fourth Amendment probable-cause analysis and the incorporation of the premise that the CBP policy violated the First Amendment. Court orders further briefing on the issue of the statutory authority for the federal policy property regulations that Dfts argue grounds for the officers' probable cause. Plaintiffs shall file response by 4/24/2014, not exceed 10 pages in length. Dfts shall file reply by 5/1/2014, not to exceed 10 pages in length. Signed by Judge Thomas J. Whelan on 4/17/2014. (jah) (Entered: 04/18/2014)
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April 17, 2014
|
April 17, 2014
RECAP
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50
|
SUPPLEMENTAL BRIEFING on Statutory Authority by Plaintiffs Ray Askins, Christian Ramirez. (Woodmansee, Mark Andrew). Modified on 4/25/2014 - Edited text to match pleading (jah). (Entered: 04/24/2014)
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April 24, 2014
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April 24, 2014
PACER
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51
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SUPPLEMENTAL REPLY re 46 MOTION for Reconsideration re 42 Order on Motion to Dismiss for Failure to State a Claim, filed by David V. Aguilar, Frank Jaramillo, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Buckingham, Stephen). Modified on 5/2/2014 - Edited to remove duplicative text (jah). (Entered: 05/01/2014)
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May 1, 2014
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May 1, 2014
PACER
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52
|
MOTION for Extension of Time to File FTCA Claims (Unopposed Motion) by Ray Askins, Christian Ramirez. (David, Jeffrey) (av1). (Entered: 07/03/2014)
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July 3, 2014
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July 3, 2014
PACER
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53
|
ORDER Granting Joint Motion for an Extension of Time to Amend the Complaint to Add FTCA Claims 52 . Signed by Judge Thomas J. Whelan on 7/3/2014. (vam) (Entered: 07/03/2014)
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July 3, 2014
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July 3, 2014
PACER
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54
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NOTICE of Appearance by Mitra Ebadolahi on behalf of Ray Askins, Christian Ramirez (Ebadolahi, Mitra)Attorney Mitra Ebadolahi added to party Ray Askins(pty:pla), Attorney Mitra Ebadolahi added to party Christian Ramirez(pty:pla) (av1). (Entered: 07/07/2014)
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July 7, 2014
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July 7, 2014
PACER
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55
|
NOTICE by Ray Askins, Christian Ramirez Notice of Withdrawal of Attorney, Sean Riordan (Loy, John) (jpp). (Entered: 12/30/2014)
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Dec. 30, 2014
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Dec. 30, 2014
PACER
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56
|
ORDER granting-in-part 46 Defendants' motion for reconsideration. The Court grants-in-part Defendants motion for reconsideration and dismisses-in part Plaintiffs Fourth Amendment claims, but only to the extent that Plaintiffs claim Defendants photography policy to be violative of the Fourth Amendment. Moreover, given that the Courts finding is one of law, leave to amend would be futile, and thus the dismissal is with prejudice. Signed by Judge Thomas J. Whelan on 01/29/2015.(jpp) (Entered: 01/29/2015)
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Jan. 29, 2015
|
Jan. 29, 2015
PACER
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57
|
NOTICE by Ray Askins, Christian Ramirez of Withdrawal of Attorney Jeffrey M. David (Woodmansee, Mark Andrew) (jpp). (Entered: 03/10/2015)
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March 10, 2015
|
March 10, 2015
PACER
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58
|
Joint MOTION for Order to Set Deadlines for First Amended Complaint and Response by Ray Askins, Christian Ramirez. (Gosling, Kimberly) (jpp). (Entered: 09/28/2015)
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Sept. 28, 2015
|
Sept. 28, 2015
PACER
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59
|
ORDER granting 58 Joint Motion to set deadlines for First Amended Complaint and response. Plainttiffs must file the FAC, if at all, on or before November 5, 2015. Defendants must respond to the FAC on or before December 7, 2015.Signed by Judge Thomas J. Whelan on 10/06/2015. (jpp) (Entered: 10/06/2015)
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Oct. 6, 2015
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Oct. 6, 2015
PACER
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60
|
AMENDED COMPLAINT against United States Department of Homeland Security, Billy Whitford, SIDNEY K. AKI, R. GIL KERLIKOWSKE, filed by Christian Ramirez, Ray Askins. (Attachments: # 1 Exhibit, # 2 Proof of Service)New Summons Requested. (Ebadolahi, Mitra) (jpp). (Entered: 11/05/2015)
1 Exhibit
View on PACER
2 Proof of Service
View on PACER
|
Nov. 5, 2015
|
Nov. 5, 2015
RECAP
|
61
|
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jpp) (Entered: 11/06/2015)
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Nov. 6, 2015
|
Nov. 6, 2015
PACER
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62
|
NOTICE of Appearance by Nathan Michael Swinton on behalf of David V. Aguilar, Sidney K Aki, DOES 16 through 50, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford (Swinton, Nathan)Attorney Nathan Michael Swinton added to party Sidney K Aki(pty:dft), Attorney Nathan Michael Swinton added to party R Gil Kerlikowske(pty:dft), Attorney Nathan Michael Swinton added to party United States Customs and Border Protection Officers(pty:dft), Attorney Nathan Michael Swinton added to party United States Department of Homeland Security(pty:dft), Attorney Nathan Michael Swinton added to party Billy Whitford(pty:dft) (jpp). (Entered: 12/03/2015)
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Dec. 3, 2015
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Dec. 3, 2015
PACER
|
63
|
Joint MOTION for Extension of Time to File Response/Reply to First Amended Complaint by Sidney K Aki, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Swinton, Nathan) (jpp). (Entered: 12/03/2015)
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Dec. 3, 2015
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Dec. 3, 2015
PACER
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64
|
ORDER granting 63 Joint Motion for Extension of Time to respond to the First Amended complaint. Defendant must respond to the FAC on or before December 18, 2015. Signed by Judge Thomas J. Whelan on 12/04/2015. (jpp) (Entered: 12/04/2015)
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Dec. 4, 2015
|
Dec. 4, 2015
PACER
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65
|
MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Sidney K Aki, R Gil Kerlikowske, United States Department of Homeland Security, Billy Whitford. (Attachments: # 1 Memo of Points and Authorities)(Buckingham, Stephen)Attorney Stephen J. Buckingham added to party Sidney K Aki(pty:dft), Attorney Stephen J. Buckingham added to party R Gil Kerlikowske(pty:dft) (jpp). (Entered: 12/18/2015)
1 Memo of Points and Authorities
View on RECAP
|
Dec. 18, 2015
|
Dec. 18, 2015
PACER
|
66
|
Joint MOTION for Extension of Time to File Response/Reply on Motion to Dismiss by Ray Askins, Christian Ramirez. (Attachments: # 1 Proof of Service)(Loy, John)(jao). (Entered: 01/07/2016)
1 Proof of Service
View on PACER
|
Jan. 7, 2016
|
Jan. 7, 2016
PACER
|
67
|
ORDER Granting 66 Joint Motion for Extension of Time to File Response/Reply re 65 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . In accordance with the dates appearing in the pending joint motion, Plaintiffs must file any opposition to the pending motion to dismiss on or before February 1, 2016. Defendants must file any reply by February 16, 2016. The motion to dismiss is presently noticed for January 25, 2016. [Doc. 65.] The hearing date is continued to February 29, 2016. There will be no oral argument pursuant to Civil Local Rule 7.1(d.1). Signed by Judge Thomas J. Whelan on 1/8/2016. (jao) (Entered: 01/08/2016)
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Jan. 8, 2016
|
Jan. 8, 2016
PACER
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68
|
MOTION to Withdraw as Attorney by Ray Askins, Christian Ramirez. (Attachments: # 1 Declaration of M. Andrew Woodmansee)(Woodmansee, Mark Andrew) (jao). (Entered: 01/22/2016)
1 Declaration of M. Andrew Woodmansee
View on PACER
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Jan. 22, 2016
|
Jan. 22, 2016
PACER
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69
|
NOTICE of Appearance by Jonathan Paul Markovitz on behalf of Ray Askins, Christian Ramirez (Attachments: # 1 Proof of Service)(Markovitz, Jonathan)Attorney Jonathan Paul Markovitz added to party Ray Askins(pty:pla), Attorney Jonathan Paul Markovitz added to party Christian Ramirez(pty:pla) (jao). (Entered: 01/29/2016)
1 Proof of Service
View on PACER
|
Jan. 29, 2016
|
Jan. 29, 2016
PACER
|
70
|
RESPONSE in Opposition re 65 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Ray Askins, Christian Ramirez. (Attachments: # 1 Proof of Service)(Ebadolahi, Mitra) (jao). (Entered: 02/01/2016)
1 Proof of Service
View on PACER
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Feb. 1, 2016
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Feb. 1, 2016
RECAP
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71
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ORDER Granting 68 Motion to Withdraw as Attorney. Attorneys Mark Andrew Woodmansee, Kimberly Rhea Gosling, and Mary Prendergast terminated. Signed by Judge Thomas J. Whelan on 2/8/2016. (jao) (Entered: 02/08/2016)
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Feb. 8, 2016
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Feb. 8, 2016
PACER
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72
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REPLY to Response to Motion re 65 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by David V. Aguilar, Sidney K Aki, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers. (Swinton, Nathan) (jao). (Entered: 02/16/2016)
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Feb. 16, 2016
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Feb. 16, 2016
RECAP
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73
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ORDER Granting 65 Defendants' Motion to Dismiss. The Court grants Defendants' motion to dismiss without leave to amend. This action is dismissed with prejudice. The Clerk is directed to close the case. Signed by Judge Thomas J. Whelan on 3/23/2016. (jao) (sjt). (Entered: 03/23/2016)
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March 23, 2016
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March 23, 2016
RECAP
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74
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CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court grants Defendants' motion to dismiss without leave to amend. This case is dismissed with prejudice.(jao) (Entered: 03/23/2016)
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March 23, 2016
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March 23, 2016
PACER
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75
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NOTICE OF APPEAL to the 9th Circuit as to 74 Clerk's Judgment, by Ray Askins, Christian Ramirez. (Filing fee $ 505 receipt number 0974-9069902.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: # 1 Proof of Service)(Ebadolahi, Mitra). (akr). (Entered: 05/17/2016)
1 Proof of Service
View on PACER
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May 17, 2016
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May 17, 2016
PACER
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76
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USCA Case Number 16-55719 for 75 Notice of Appeal to 9th Circuit, filed by Christian Ramirez, Ray Askins. (akr) (Entered: 05/17/2016)
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May 17, 2016
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May 17, 2016
PACER
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77
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USCA Time Schedule Order as to 75 Notice of Appeal to 9th Circuit, filed by Christian Ramirez, Ray Askins. (akr) (Entered: 05/17/2016)
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May 17, 2016
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May 17, 2016
PACER
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79
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NOTICE of Hearing: Appeal Mandate Hearing set for 11/19/2018 10:00 AM in Courtroom 3C before Judge Thomas J. Whelan. (no document attached) (bjb) (Entered: 11/01/2018)
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Nov. 1, 2018
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Nov. 1, 2018
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80
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NOTICE of Appearance by Rachael Lynn Westmoreland on behalf of David V. Aguilar, Sidney K Aki, DOES 16 through 50, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford (Westmoreland, Rachael)Attorney Rachael Lynn Westmoreland added to party David V. Aguilar(pty:dft), Attorney Rachael Lynn Westmoreland added to party Sidney K Aki(pty:dft), Attorney Rachael Lynn Westmoreland added to party DOES 16 through 50(pty:dft), Attorney Rachael Lynn Westmoreland added to party Frank Jaramillo(pty:dft), Attorney Rachael Lynn Westmoreland added to party R Gil Kerlikowske(pty:dft), Attorney Rachael Lynn Westmoreland added to party United States Customs and Border Protection Officers(pty:dft), Attorney Rachael Lynn Westmoreland added to party United States Department of Homeland Security(pty:dft), Attorney Rachael Lynn Westmoreland added to party Billy Whitford(pty:dft) (jao). (Entered: 11/16/2018)
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Nov. 16, 2018
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Nov. 16, 2018
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81
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Joint MOTION Reschedule Appeal Mandate Hearing by David V. Aguilar, Sidney K Aki, DOES 16 through 50, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Westmoreland, Rachael) (jao). (Entered: 11/16/2018)
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Nov. 16, 2018
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Nov. 16, 2018
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82
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ORDER Granting 81 Joint Motion to Reschedule Appeal Mandate Hearing. Appeal Mandate Hearing reset for 12/3/2018 10:00 AM in Courtroom 3C before Judge Thomas J. Whelan. Signed by Judge Thomas J. Whelan on 11/16/2018. (jao) (Entered: 11/19/2018)
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Nov. 19, 2018
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Nov. 19, 2018
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83
|
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974−11953116.) (Application to be reviewed by Clerk.) (Gersch, David) 11/30/2018 − To be refiled re signatures and document format. (mdc) (Entered: 11/30/2018)
|
Nov. 30, 2018
|
Nov. 30, 2018
|
84
|
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974−11953121.) (Application to be reviewed by Clerk.) (D'Amico, Sara) 11/30/2018 − To be refiled re missing signature. (mdc) (Entered: 11/30/2018)
|
Nov. 30, 2018
|
Nov. 30, 2018
|
85
|
Request to Appear Pro Hac Vice, (Filing fee received: $ 206 receipt number 0974−11953116 − See 83 .) (Application to be reviewed by Clerk.) (Gersch, David) Modified text on 11/30/2018 to include filing fee info. (mdc) (Entered: 11/30/2018)
|
Nov. 30, 2018
|
Nov. 30, 2018
|
86
|
Request to Appear Pro Hac Vice, (Filing fee received: $ 206 receipt number 0974−11953121 − See 84 .) (Application to be reviewed by Clerk.) (D'Amico, Sara) Modified text on 11/30/2018 to include filing fee info. (mdc) (Entered: 11/30/2018)
|
Nov. 30, 2018
|
Nov. 30, 2018
|
87
|
PRO HAC APPROVED re 85 : David Paul Gersch appearing for Plaintiffs Ray Askins, Christian Ramirez. (no document attached) (mdc) (Entered: 11/30/2018)
|
Nov. 30, 2018
|
Nov. 30, 2018
|
88
|
PRO HAC APPROVED re 86 : Sara D'Amico appearing for Plaintiffs Ray Askins, Christian Ramirez. (no document attached) (mdc) (Entered: 11/30/2018)
|
Nov. 30, 2018
|
Nov. 30, 2018
|
91
|
Minute Entry for proceedings held before Judge Thomas J. Whelan: Appeal Mandate Hearing held on 12/3/2018. Appeal Mandate ordered filed and spread.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney David Gursh). (Defendant Attorney Rachael Westmoreland). (Amy Dail).(no document attached) (llb) (Entered: 12/06/2018)
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Dec. 3, 2018
|
Dec. 3, 2018
|
92
|
MANDATE of USCA vacating the decision of the USDC and remanding for further proceedings as to 75 Notice of Appeal to the 9th Circuit filed by Christian Ramirez, Ray Askins. (akr) (Entered: 12/06/2018)
|
Dec. 3, 2018
|
Dec. 3, 2018
|
89
|
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974−11972131.) (Application to be reviewed by Clerk.) (Jones, Robert) (mdc) (Entered: 12/06/2018)
|
Dec. 6, 2018
|
Dec. 6, 2018
|
93
|
NOTICE of Appearance by Sarah D. Thompson on behalf of Ray Askins, Christian Ramirez (Attachments: # 1 Proof of Service)(Thompson, Sarah)Attorney Sarah D. Thompson added to party Ray Askins(pty:pla), Attorney Sarah D. Thompson added to party Christian Ramirez(pty:pla) (jao). (Entered: 01/03/2019)
|
Jan. 3, 2019
|
Jan. 3, 2019
|
94
|
MOTION to Stay in Light of the Lapse in Appropriations by David V. Aguilar, Sidney K Aki, DOES 16 through 50, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford. (Westmoreland, Rachael) (jao). (Entered: 01/10/2019)
|
Jan. 10, 2019
|
Jan. 10, 2019
|
95
|
ORDER Granting 94 Ex Parte Motion to Stay During Lapse in Department of Justice Appropriations. Signed by Judge Thomas J. Whelan on 1/11/2019. (jao) (Entered: 01/11/2019)
|
Jan. 11, 2019
|
Jan. 11, 2019
|
96
|
NOTICE of Restoration of Appropriations by David V. Aguilar, Sidney K Aki, DOES 16 through 50, Frank Jaramillo, R Gil Kerlikowske, United States Customs and Border Protection Officers, United States Department of Homeland Security, Billy Whitford re 95 Order on Motion to Stay (Westmoreland, Rachael) (jao). (Entered: 01/28/2019)
|
Jan. 28, 2019
|
Jan. 28, 2019
|
97
|
Answer to Amended Complaint
|
March 8, 2019
|
March 8, 2019
PACER
|
98
|
Order for Early Neutral Evaluation
|
March 11, 2019
|
March 11, 2019
PACER
|
99
|
Notice (Other)
|
March 26, 2019
|
March 26, 2019
PACER
|
100
|
Joint Discovery Plan
|
March 29, 2019
|
March 29, 2019
PACER
|
|
Case Management Conference
|
April 5, 2019
|
April 5, 2019
PACER
|
|
Early Neutral Evaluation Conference
|
April 5, 2019
|
April 5, 2019
PACER
|