Case: Alfaro Garcia v. Johnson

4:14-cv-01775 | U.S. District Court for the Northern District of California

Filed Date: April 17, 2014

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On April 17, 2014, a group of immigrants awaiting "reasonable fear" determinations (part of the process of seeking relief from deportation for people who fear persecution in their home country) filed this class action lawsuit in the United States District Court for the Northern District of California under the Administrative Procedure Act ("APA") and the Mandamus and Venue Act of 1962 against the United States Citizenship and Immigration Services ("USCIS"). The plaintiffs, represented by the AC…

On April 17, 2014, a group of immigrants awaiting "reasonable fear" determinations (part of the process of seeking relief from deportation for people who fear persecution in their home country) filed this class action lawsuit in the United States District Court for the Northern District of California under the Administrative Procedure Act ("APA") and the Mandamus and Venue Act of 1962 against the United States Citizenship and Immigration Services ("USCIS"). The plaintiffs, represented by the ACLU of Southern California, the ACLU of Northern California, the National Immigrant Justice Center, and private counsel, asked the court for injunctive relief, claiming that USCIS is violating plaintiffs' rights under the APA and federal regulations. Specifically, plaintiffs claimed that USCIS does not conduct timely reasonable fear determinations, which are mandated to be completed within 10 days of referral to USCIS.

On July 17, 2014, the defendants moved to dismiss under Rule 12(b)(1) and (6), arguing that the named Plaintiffs' individual claims are now moot as all five named Plaintiffs have now received reasonable fear determinations, and that the 10-day period is "only a non-binding internal processing goal, not a mandatory deadline that confers enforceable rights on aliens." Plaintiffs filed their opposition on August 18, 2014, responding that the claims of the putative class are inherently transitory and strongly rebuking defendants' claims of the "aspirational" nature of the 10-day period.

On November 21, 2014, the Court denied the defendants' motion to dismiss, and further granted the plaintiff's motion for class certification. Settlement discussions then began, and on August 20, 2015, the Court approved a preliminary class action settlement pending a fairness hearing. On October 27, 2015, the Court approved the final settlement and attorneys' fees and costs of $327,047.66. Under the settlement, USCIS must meet a goal of making a reasonable fear determination with an average of 10 days, and not in excess of 20 days. The settlement also included provisions to ensure compliance; it was scheduled to last for 5 years after its approval.

Summary Authors

Dan Whitman (9/20/2014)

Virginia Weeks (10/25/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5967304/parties/garcia-v-johnson/


Judge(s)
Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Carraher, Timothy R. (Illinois)

Carwinski, Timothy Robert (California)

Attorney for Defendant

Delery, Stuart F. (District of Columbia)

Ginsburg, Douglas E. (District of Columbia)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

4:14-cv-01775

Docket [PACER]

Garcia v. Johnson

May 9, 2016

May 9, 2016

Docket
1

4:14-cv-01775

Complaint for Declaratory and Injunctive Relief

Garcia v. Johnson

April 7, 2014

April 7, 2014

Complaint
43

4:14-cv-01775

Defendants' Motion To Dismiss

Garcia v. Johnson

July 17, 2014

July 17, 2014

Pleading / Motion / Brief
54

4:14-cv-01775

Plaintiffs' Response to Defendants' Motion To Dismiss

Garcia v. Johnson

Aug. 18, 2014

Aug. 18, 2014

Pleading / Motion / Brief
70

4:14-cv-01775

Order Denying Motion to Dismiss; Granting Motion for Class Certification

Garcia v. Johnson

Nov. 21, 2014

Nov. 21, 2014

Order/Opinion

2014 WL 2014

133

4:14-cv-01775

Final Order Approving Settlement as Modified by the Court

Garcia v. Johnson

Oct. 27, 2015

Oct. 27, 2015

Settlement Agreement
132

4:14-cv-01775

Order Approving Award of Attorneys' Fees and Costs

Garcia v. Johnson

Oct. 27, 2015

Oct. 27, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5967304/garcia-v-johnson/

Last updated March 20, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

Class Action COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-8541535.). Filed by Marco Antonio Alfaro Garcia, Credy Madrid Calderon, Claudia Rodriguez De La Torre, Gustavo Ortega, Nancy Bardalez Serpa. (Attachments: # 1 Civil Cover Sheet)(Pingel, John) (Filed on 4/17/2014) Modified on 4/17/2014 (cjlS, COURT STAFF). (Entered: 04/17/2014)

1 Civil Cover Sheet

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April 17, 2014

April 17, 2014

RECAP
2

Certificate of Interested Entities by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa re 1 Complaint, (Pingel, John) (Filed on 4/17/2014) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
3

Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (svS, COURT STAFF) (Filed on 4/17/2014) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
4

Proposed Summons. (Pingel, John) (Filed on 4/17/2014) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
5

Proposed Summons. (Pingel, John) (Filed on 4/17/2014) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
6

Proposed Summons. (Pingel, John) (Filed on 4/17/2014) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
7

Notice of Pendency of Other Action or Proceeding by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. (Pingel, John) (Filed on 4/17/2014) Modified on 4/17/2014 (cjlS, COURT STAFF). (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
8

NOTICE of Appearance by Julia Harumi Mass, Esq (Mass, Julia) (Filed on 4/17/2014) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
9

NOTICE of Appearance by Jingni Zhao (Zhao, Jingni) (Filed on 4/17/2014) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
10

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/8/2014. Case Management Conference set for 7/15/2014 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjlS, COURT STAFF) (Filed on 4/17/2014) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
11

Summons Issued as to Jeh Johnson, Joseph Langlois, Lori Scialabba. (Attachments: # 1 Summons, # 2 Summons)(cjlS, COURT STAFF) (Filed on 4/17/2014) (Entered: 04/17/2014)

1 Summons

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2 Summons

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April 17, 2014

April 17, 2014

PACER
12

Plaintiffs Notice of Motion and Motion and [Proposed] Order for Class Certification; Memorandum of Points and Authorities In Support of Motion for Class Certification filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. Motion Hearing set for 6/19/2014 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Kandis A. Westmore. Responses due by 5/2/2014. Replies due by 5/9/2014. (Attachments: # 1 Exhibit A-I, # 2 Proposed Order)(Pingel, John) (Filed on 4/18/2014) Modified on 4/21/2014 (cjlS, COURT STAFF). Modified on 6/11/2014 (cpS, COURT STAFF). (Entered: 04/18/2014)

1 Exhibit A-I

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2 Proposed Order

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April 18, 2014

April 18, 2014

PACER
13

MOTION for leave to appear in Pro Hac Vice Re: James A. Rolfes (Filing fee $305, receipt number 0971-8555154) filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. NO CERTIFICATE OF GOOD STANDING ATTACHED. (Rolfes, James) (Filed on 4/22/2014) Modified on 4/23/2014 (cjlS, COURT STAFF). (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
14

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa.. (Pingel, John) (Filed on 4/22/2014) (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
15

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (sisS, COURT STAFF) (Filed on 4/23/2014) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
16

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by the Executive Committee on April 23, 2014. (cjlS, COURT STAFF) (Filed on 4/23/2014) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
17

MOTION for leave to appear in Pro Hac Vice of James A. Rolfes ( Filing fee $ 305, receipt number 0971-8555154.) Filing fee previously paid on 04-22-2014 filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. (Rolfes, James) (Filed on 4/23/2014) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
18

ORDER by Judge Yvonne Gonzalez Rogers granting 17 Motion for Pro Hac Vice as to James A. Rolfes representing Plaintiffs. (fs, COURT STAFF) (Filed on 4/23/2014) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
19

NOTICE of Appearance by Michael Bryan Kaufman (Kaufman, Michael) (Filed on 4/23/2014) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
20

Application for Refund re 1 Complaint,, Receipt Number 25FAUD8S Duplicate payment by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. (Attachments: # 1 Receipts 1 and 2 (duplicate payment))(Pingel, John) (Filed on 4/29/2014) (Entered: 04/29/2014)

1 Receipts 1 and 2 (duplicate payment)

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April 29, 2014

April 29, 2014

PACER
21

NOTICE OF ERRATA by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. (Attachments: # 1 Corrected Exhibit A)(Kaufman, Michael) (Filed on 4/29/2014) Modified on 4/30/2014 (cpS, COURT STAFF). (Entered: 04/29/2014)

1 Corrected Exhibit A

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April 29, 2014

April 29, 2014

PACER
22

NOTICE of Appearance by Elizabeth J. Stevens on behalf of Defendants (Stevens, Elizabeth) (Filed on 4/30/2014) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
23

STIPULATION WITH PROPOSED ORDER (Joint Stipulation to Extend Schedule Re: Plaintiffs' Motion for Class Certification) filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa, Jeh Johnson, et al. (Attachments: # 1 Proposed Order)(Kaufman, Michael) (Filed on 5/1/2014) Modified on 5/2/2014 (cpS, COURT STAFF). (Entered: 05/01/2014)

1 Proposed Order

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May 1, 2014

May 1, 2014

PACER
24

NOTICE of Appearance by Victor M. Mercado-Santana (Mercado-Santana, Victor) (Filed on 5/1/2014) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

PACER
25

ORDER by Judge Yvonne Gonzalez Rogers granting AS MODIFIED 23 Stipulation to Extend Schedule (fs, COURT STAFF) (Filed on 5/1/2014) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

PACER

Set/Reset Deadlines as to 12 MOTION to Certify Class Plaintiffs Notice of Motion and Motion for Class Certification; Memorandum of Points and Authorities In Support of Motion for Class Certification. Responses due by 6/10/2014. Replies due by 7/1/2014. Motion Hearing set for 7/22/2014 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 5/1/2014)

May 1, 2014

May 1, 2014

PACER
26

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8584400.) filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. (Attachments: # 1 Certificate of Good Standing)(Valenzuela, Claudia) (Filed on 5/2/2014) (Entered: 05/02/2014)

1 Certificate of Good Standing

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May 2, 2014

May 2, 2014

PACER
27

ORDER by Judge Yvonne Gonzalez Rogers granting 26 Motion for Pro Hac Vice as to Claudia Valenzuela representing Plaintiffs. (fs, COURT STAFF) (Filed on 5/5/2014) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
28

CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/18/2014. Initial Case Management Conference set for Monday, 8/25/2014 02:00 PM before Judge Yvonne Gonzalez Rogers in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Standing Order) (fs, COURT STAFF) (Filed on 5/6/2014) (Entered: 05/06/2014)

1 Standing Order

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May 6, 2014

May 6, 2014

PACER
29

DENIED re 20 Application for Refund. (cpS, COURT STAFF) (Filed on 5/8/2014) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
30

Application for Refund re 1 Complaint,, Receipt Number 0971-854 1290 by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. (Attachments: # 1 Receipts)(Pingel, John) (Filed on 5/9/2014) (Entered: 05/09/2014)

1 Receipts

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May 9, 2014

May 9, 2014

PACER
31

CERTIFICATE OF SERVICE by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa re 1 Complaint, (Pingel, John) (Filed on 5/12/2014) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
32

CERTIFICATE OF SERVICE by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa re 1 Complaint, (Pingel, John) (Filed on 5/12/2014) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
33

CERTIFICATE OF SERVICE by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa re 1 Complaint, (Pingel, John) (Filed on 5/12/2014) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
34

CERTIFICATE OF SERVICE by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa (Kaufman, Michael) (Filed on 5/13/2014) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
35

NOTICE of Appearance by Ahilan Thevanesan Arulanantham (Arulanantham, Ahilan) (Filed on 5/16/2014) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
36

NOTICE of Appearance by Carmen Gloria Iguina (Iguina, Carmen) (Filed on 5/16/2014) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
37

Approving re 30 Application for Refund (cpS, COURT STAFF) (Filed on 5/29/2014) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
38

RESPONSE (re 12 MOTION to Certify Class filed byJeh Johnson, Joseph Langlois, Lori Scialabba. (Attachments: # 1 Affidavit Declaration of Victor M. Mercado-Santana, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5)(Mercado-Santana, Victor) (Filed on 6/10/2014) Modified on 6/11/2014 (cpS, COURT STAFF). (Entered: 06/10/2014)

1 Affidavit Declaration of Victor M. Mercado-Santana

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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June 10, 2014

June 10, 2014

PACER
39

MOTION for Extension of Time to File Answer re 1 Complaint, filed by Jeh Johnson, Joseph Langlois, Lori Scialabba. (Attachments: # 1 Proposed Order)(Mercado-Santana, Victor) (Filed on 6/26/2014) (Entered: 06/26/2014)

1 Proposed Order

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June 26, 2014

June 26, 2014

PACER
40

REPLY (re 12 MOTION to Certify Class ) Plaintiffs' Reply Memorandum of Points and Authorities In Support of Motion for Class Certification filed byCredy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. (Pingel, John) (Filed on 7/1/2014) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
41

ORDER by Judge Yvonne Gonzalez Rogers granting 39 Motion for Extension of Time to Answer Complaint to 7/14/2014. (fs, COURT STAFF) (Filed on 7/9/2014) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
42

First MOTION to Dismiss filed by Jeh Johnson, Joseph Langlois, Lori Scialabba. Motion Hearing set for 9/23/2014 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 7/28/2014. Replies due by 8/4/2014. (Attachments: # 1 Affidavit Declaration of Victor Mercado, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Affidavit Declaration of Elizabeth E. Mura, # 8 Affidavit Declaration of John Lafferty, # 9 Proposed Order)(Mercado-Santana, Victor) (Filed on 7/14/2014) (Entered: 07/14/2014)

1 Affidavit Declaration of Victor Mercado

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Affidavit Declaration of Elizabeth E. Mura

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8 Affidavit Declaration of John Lafferty

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9 Proposed Order

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July 14, 2014

July 14, 2014

PACER
43

First MOTION to Dismiss CORRECTION OF DOCKET # 42 filed by Jeh Johnson, Joseph Langlois, Lori Scialabba. Motion Hearing set for 9/23/2014 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 7/28/2014. Replies due by 8/4/2014. (Attachments: # 1 Affidavit Victor M. Mercado-Santana, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Affidavit Elizabeth Mura, # 8 Affidavit John Lafferty, # 9 Proposed Order)(Mercado-Santana, Victor) (Filed on 7/17/2014) Modified on 7/21/2014 (cpS, COURT STAFF). (Entered: 07/17/2014)

1 Affidavit Victor M. Mercado-Santana

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Affidavit Elizabeth Mura

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8 Affidavit John Lafferty

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9 Proposed Order

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July 17, 2014

July 17, 2014

RECAP
44

CLERKS NOTICE Continuing Motion Hearing as to 12 MOTION to Certify Class. Motion set for 7/22/2014 is CONTINUED to 9/23/2014 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (This is a text only docket entry, there is no document associated with this notice.) (cpS, COURT STAFF) (Filed on 7/18/2014) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
45

JOINT STIPULATION WITH PROPOSED ORDER to Extend Briefing Schdule re 43 First MOTION to Dismiss filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa, Jeh Johnson, et al. (Attachments: # 1 Proposed Order)(Kaufman, Michael) (Filed on 7/18/2014) Modified on 7/21/2014 (cpS, COURT STAFF). (Entered: 07/18/2014)

1 Proposed Order

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July 18, 2014

July 18, 2014

PACER
46

ORDER by Judge Yvonne Gonzalez Rogers granting 45 Joint Stipulation to Extend Briefing Schedule (fs, COURT STAFF) (Filed on 7/22/2014) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

PACER

Set/Reset Deadlines as to 43 First MOTION to Dismiss. Responses due by 8/18/2014. Replies due by 9/5/2014. (fs, COURT STAFF) (Filed on 7/22/2014)

July 22, 2014

July 22, 2014

PACER
47

***FILED IN ERROR, INCORRECT CASE NUMBER*** NOTICE of Change In Counsel by Jingni Zhao (Zhao, Jingni) (Filed on 7/30/2014) Modified on 7/31/2014 (cpS, COURT STAFF). (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

PACER
48

NOTICE of Change In Counsel by Jingni Zhao (Zhao, Jingni) (Filed on 7/30/2014) Modified on 7/31/2014 (cpS, COURT STAFF). (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

PACER
49

ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 8/5/2014) (Entered: 08/05/2014)

Aug. 5, 2014

Aug. 5, 2014

PACER
50

Letter from John D. Pingel Request to Court for Telephonic Appearance. (Pingel, John) (Filed on 8/15/2014) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER
51

NOTICE of Appearance by Rebekah Antoin Nahas (Nahas, Rebekah) (Filed on 8/18/2014) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
52

JOINT CASE MANAGEMENT STATEMENT filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa, Jeh Johnson, Joseph Langlois. (Pingel, John) (Filed on 8/18/2014) Modified on 8/19/2014 (cpS, COURT STAFF). Modified on 8/19/2014 (cpS, COURT STAFF). (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
53

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Pingel, John) (Filed on 8/18/2014) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
54

RESPONSE (re 43 First MOTION to Dismiss ) filed byCredy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. (Pingel, John) (Filed on 8/18/2014) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

RECAP
55

ADR Clerks Notice Setting ADR Phone Conference on Thursday, August 21, 2014 at 11:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 8/19/2014) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

PACER
56

CLERKS NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 8/25/2014 is CONTINUED to Monday, 10/27/2014 02:00 PM in Courtroom 1, 4th Floor, Oakland. Case Management Statement due by 10/20/2014. (This is a text only docket entry, there is no document associated with this notice.) (fs, COURT STAFF) (Filed on 8/20/2014) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

PACER

ADR Remark: The ADR Phone Conference previously scheduled on August 21, 2014, has been rescheduled to August 28, 2014 at 10:00 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 8/21/2014)

Aug. 21, 2014

Aug. 21, 2014

PACER

ADR Remark: ADR Phone Conference held 8/28/2014 with Howard Herman, Director, ADR Program. (cmf, COURT STAFF) (Filed on 8/28/2014)

Aug. 28, 2014

Aug. 28, 2014

PACER
57

STIPULATION WITH PROPOSED ORDER TO REFER CASE TO MAGISTRATE JUDGE FOR EARLY SETTLEMENT CONFERENCE filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa, Jeh Johnson, Lori Scialabba, Joseph Langlois. (Attachments: # 1 Proposed Order)(Kaufman, Michael) (Filed on 9/4/2014) Modified on 9/5/2014 (cpS, COURT STAFF). (Entered: 09/04/2014)

1 Proposed Order

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Sept. 4, 2014

Sept. 4, 2014

PACER
58

REPLY (re 43 First MOTION to Dismiss ) filed byJeh Johnson, Joseph Langlois, Lori Scialabba. (Attachments: # 1 Exhibit)(Mercado-Santana, Victor) (Filed on 9/5/2014) (Entered: 09/05/2014)

1 Exhibit

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Sept. 5, 2014

Sept. 5, 2014

RECAP
59

CLERK'S NOTICE Continuing Motion Hearing. Set/Reset Deadlines as to 12 MOTION to Certify Class, 43 First MOTION to Dismiss. Motions Hearing that had been previously set for 9/23/2014 is now set for Tuesday, 10/7/2014 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (This is a text only docket entry, there is no document associated with this notice.)(fs, COURT STAFF) (Filed on 9/26/2014) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER
60

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8956259.) filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. (Carraher, Timothy) (Filed on 9/29/2014) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
61

ORDER by Judge Yvonne Gonzalez Rogers granting 60 Motion for Pro Hac Vice as to Timothy Carraher representing Plaintiff (fs, COURT STAFF) (Filed on 9/30/2014) (Entered: 09/30/2014)

Sept. 30, 2014

Sept. 30, 2014

PACER
62

Minute Entry: Motion Hearing held and submitted on 10/7/2014 before Yvonne Gonzalez Rogers.(Date Filed: 10/7/2014) re 43 First MOTION to Dismiss filed by Jeh Johnson, Joseph Langlois, Lori Scialabba, 12 MOTION to Certify Class filed by Credy Madrid Calderon, Marco Antonio Alfaro Garcia, Claudia Rodriguez De La Torre, Gustavo Ortega, Nancy Bardalez Serpa. (Court Reporter Diane Skillman.) (fs, COURT STAFF) (Date Filed: 10/7/2014) (Entered: 10/08/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
63

TRANSCRIPT ORDER by Jeh Johnson, Joseph Langlois, Lori Scialabba for Court Reporter Diane Skillman. (Mercado-Santana, Victor) (Filed on 10/10/2014) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
64

TRANSCRIPT ORDER by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa for Court Reporter Diane Skillman. (Pingel, John) (Filed on 10/10/2014) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
65

REVISED JOINT CASE MANAGEMENT STATEMENT filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa., Jeh Johnson, Joseph Langlois (Kaufman, Michael) (Filed on 10/20/2014) Modified on 10/21/2014 (cpS, COURT STAFF). (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
66

ENOTICE OF ERRATA re 65 Case Management Statement by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. (Attachments: # 1 Corrected Revised Joint Case Management Statement)(Iguina, Carmen) (Filed on 10/21/2014) Modified on 10/22/2014 (cpS, COURT STAFF). (Entered: 10/21/2014)

1 Corrected Revised Joint Case Management Statement

View on PACER

Oct. 21, 2014

Oct. 21, 2014

PACER
67

Transcript of Proceedings held on October 7, 2014, before Judge Yvonne Gonzalez Rogers. Court Reporter Diane E. Skillman, Telephone number 510-451-2930, Diane_Skillman@cand.uscourts.gov, diane.transcripts@aol.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 63 Transcript Order ) Release of Transcript Restriction set for 1/20/2015. (Related documents(s) 63 ) (Skillman, Diane) (Filed on 10/21/2014) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
68

ORDER CONTINUING CASE MANAGEMENT CONFERENCE to 11/17/2014 at 2:00 PM.. Signed by Judge Yvonne Gonzalez Rogers on 10/21/2014. (cpS, COURT STAFF) (Filed on 10/21/2014) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

RECAP
69

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 11/17/14 is CONTINUED to Monday, 12/15/2014 02:00 PM in Courtroom 1, 4th Floor, Oakland. Case Management Statement due by 12/8/2014. (This is a text only docket entry, there is no document associated with this notice.)(fs, COURT STAFF) (Filed on 11/13/2014) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
70

ORDER by Judge Yvonne Gonzalez Rogers denying 43 Motion to Dismiss; granting 12 Motion to Certify Class (fs, COURT STAFF) (Filed on 11/21/2014) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

RECAP
71

MOTION for Extension of Time to File Answer re 1 Complaint, filed by Jeh Johnson, Joseph Langlois, Lori Scialabba. (Attachments: # 1 Proposed Order)(Mercado-Santana, Victor) (Filed on 12/4/2014) (Entered: 12/04/2014)

1 Proposed Order

View on PACER

Dec. 4, 2014

Dec. 4, 2014

PACER
72

NOTICE of Voluntary Dismissal for Plaintiff Nancy Bardalez Serpa by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa (Kaufman, Michael) (Filed on 12/5/2014) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
73

CASE MANAGEMENT STATEMENT (Second Revised Joint Case Management Statement) filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa, Jeh Johnson, Joseph Langlois. (Kaufman, Michael) (Filed on 12/8/2014) Modified on 12/9/2014 (cpS, COURT STAFF). (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
74

ORDER by Judge Yvonne Gonzalez Rogers granting 71 Motion for Extension of Time to Answer Complaint to 1/16/15. (fs, COURT STAFF) (Filed on 12/9/2014) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

PACER
75

ORDER REFERRING CASE to Magistrate Judge Laurel Beeler for Settlement Conference to be held no later than 60 days from date of this Order. Signed by Judge Yvonne Gonzalez Rogers on 12/9/14. (fs, COURT STAFF) (Filed on 12/9/2014) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

PACER

CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement (ahm, COURT STAFF) (Filed on 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

PACER
76

NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE before Magistrate Judge Laurel Beeler. Settlement Conference set for 2/11/2015 at 10:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 12/10/2014. (lsS, COURT STAFF) (Filed on 12/10/2014) (Entered: 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

PACER
77

Minute Entry for proceedings held before Hon. Yvonne Gonzalez Rogers: Initial Case Management Conference held on 12/15/2014. Non-Expert Discovery due by 5/8/2015. Dispositive Motions filed by 6/12/2015. Dispositive Motion Hearing set for 7/14/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers.Court Reporter Name or FTR Time Diane Skillman. Plaintiff Attorney Michael Kaufman; Julia Mass and John Pingel. Defendant Attorney Victor Mercado-Santana. Attachment Minutes.(fs, COURT STAFF) (Date Filed: 12/15/2014) (Entered: 12/19/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
78

CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Yvonne Gonzalez Rogers on 12/18/14. (fs, COURT STAFF) (Filed on 12/19/2014) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

RECAP
79

ANSWER to Complaint byJeh Johnson, Joseph Langlois, Lori Scialabba. (Mercado-Santana, Victor) (Filed on 1/16/2015) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

RECAP
80

MOTION (Request for Non-Appearance of Named Plaintiffs at Settlement Conference) filed by Credy Madrid Calderon, Claudia Rodriguez De La Torre, Marco Antonio Alfaro Garcia, Gustavo Ortega, Nancy Bardalez Serpa. Responses due by 2/11/2015. Replies due by 2/18/2015. (Attachments: # 1 Proposed Order)(Kaufman, Michael) (Filed on 1/28/2015) (Entered: 01/28/2015)

1 Proposed Order

View on PACER

Jan. 28, 2015

Jan. 28, 2015

PACER
81

ORDER GRANTING THE NON-APPEARANCE OF NAMED PLAINTFFS AT THE SETTLEMENT CONFERENCE by Magistrate Judge Laurel Beeler: Granting 80 Motion. (lsS, COURT STAFF) (Filed on 1/29/2015) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

PACER
82

STIPULATION WITH PROPOSED ORDER for protective order filed by Jeh Johnson, Joseph Langlois, Lori Scialabba. (Attachments: # 1 Proposed Order)(Mercado-Santana, Victor) (Filed on 1/30/2015) (Entered: 01/30/2015)

1 Proposed Order

View on PACER

Jan. 30, 2015

Jan. 30, 2015

PACER
83

STIPULATED PROTECTIVE ORDER re 82 STIPULATION WITH PROPOSED ORDER for protective order filed by Jeh Johnson, Joseph Langlois, Lori Scialabba. Signed by Judge Yvonne Gonzalez Rogers on 2/4/15. (fs, COURT STAFF) (Filed on 2/4/2015) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

RECAP
84

ORDER REQUIRING PLAINTIFFS' TO PROVIDE ADDITIONAL SETTLEMENT CONFERENCE INFORMATION. Plaintiffs are directed to provide the court with their (1) attorney's fees and litigation costs to date and (2) additional attorney's fees and costs projected to trial. They may email them to the court's proposed orders email address (lbpo@cand.uscourts.gov) and may do so confidentially if they so desire. The deadline for doing so is 12:00 p.m. (noon) PST on Tuesday, February 10, 2015. Signed by Judge Laurel Beeler on 2/9/2015. (This is a docket text entry order by the court. There is no document associated with this entry.) (lblc2, COURT STAFF) (Filed on 2/9/2015) Modified on 2/10/2015 (lsS, COURT STAFF). (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
85

CLERK'S NOTICE RESETTING HEARING TIME ONLY: Settlement Conference reset to 2/11/2015 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. (This is a docket text entry only. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 2/10/2015) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
86

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 2/11/2015. The government is to update the parties and the court by email on Thursday, February 19, 2015 about the two issues discussed. The email to the court may be to lbpo@cand.uscourts.gov. The parties must discuss the issues on Friday, February 20, 2015, or any other date that they agree upon, and then schedule a further meeting or telephone conference with the court by calling courtroom deputy, Lashanda Scott at 415-522-3140. (lsS, COURT STAFF) (Date Filed: 2/11/2015) (Entered: 02/12/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER
87

CLERK'S NOTICE: Telephonic Settlement Conference set for 2/26/2015 at 11:45 A.M. Counsel to provide the court and parties with a dial-in phone number. (This is a docket text entry only. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 2/25/2015) (Entered: 02/25/2015)

Feb. 25, 2015

Feb. 25, 2015

PACER
88

CLERK'S NOTICE VACATING TELEPHONIC SETTLEMENT CONFERENCE on 2/26/2015 before Magistrate Judge Laurel Beeler due to a scheduling conflict. Settlement Conference reset to 2/27/2015 at 1:30 P.M. Counsel will provide the court and parties with a dial-in phone number. (This is a docket text entry only. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 2/26/2015) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER
89

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Telephonic Settlement Conference held on 2/27/2015. Further settlement conference call set for Monday, March 9, 2015, at 1:00 p.m. PST. Government to circulate a call-in number. (lsS, COURT STAFF) (Date Filed: 2/27/2015) Modified on 3/9/2015 (lsS, COURT STAFF). (Entered: 03/02/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
90

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Telephonic Settlement Conference held on 3/9/2015. The government will circulate a red-line draft later today. The parties must confer thereafter about the next settlement conference and who must be there and must contact the court with their proposal (including participants and the time needed for the conference) by Thursday, March 12, 2015. The court suggests an email to the court's orders box that day with a follow-up scheduling call on Friday, March 13, 2015 with courtroom deputy Lashanda Scott at 415-522-3140. (The court sets this process because settlement conferences get scheduled out months in advance and the court might need to do some adjusting of its schedule to fit the parties in.) (Not Reported)(lsS, COURT STAFF) (Date Filed: 3/9/2015) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

PACER
91

CLERK'S NOTICE: Settlement Conference set for 4/1/2015 at 10:00 AM in Courtroom C, 15th Floor, San Francisco. Updated Settlement Conference Statements due March 25, 2015. The Settlement Order issued on December 10, 2014, ECF No. 76 remains in affect. (This is a docket text entry only. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 3/16/2015) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER
92

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 4/1/2015. Case settled subject to finalizing written settlement agreement (red-lines exchanged and substantially final) and subject to the ordinary contingencies of approval. Fees issue is outstanding. Government to circulate its red-lined update by Monday, April 6, 2015. Plaintiffs to circulate their edits as soon thereafter as feasible and in any event no later than Wednesday, April 8, 2015. In aid of the fees issue, Plaintiffs will provide a letter with their fees information and updated position as discussed as soon as is feasible and in any event no later than Thursday, April 9, 2015 at 11 a.m. PST. The court sets a scheduling call for Thursday, April 9, 2015 at 12:00 p.m. PST to discuss the government's timeline for responding to it and the timing of a further settlement conference call. The court asks Reed Smith to circulate a call-in number. Copies of all circulated documents must be cc'd to the court's orders box at: lbpo@cand.uscourts.gov. Given the procedural posture of the case, including the pending deadline for fact discovery of mid-May 2015, the parties will submit a stipulation and order to the assigned district judge to ask for an extension or stay of the pending deadlines. (Not Reported)(lsS, COURT STAFF) (Date Filed: 4/1/2015) (Entered: 04/02/2015)

April 1, 2015

April 1, 2015

PACER

Set/Reset Hearing: Re 92 Settlement Conference - Telephonic Settlement Conference set for 4/9/2015 at 12:00 P.M. (lsS, COURT STAFF) (Filed on 4/2/2015)

April 2, 2015

April 2, 2015

PACER
93

STIPULATION WITH PROPOSED ORDER to stay discovery pending final settlement filed by Jeh Johnson, Joseph Langlois, Lori Scialabba, Marco Antonio Alfaro Garcia. (Attachments: # 1 Proposed Order)(Stevens, Elizabeth) (Filed on 4/3/2015) Modified on 4/3/2015 (cpS, COURT STAFF). (Entered: 04/03/2015)

1 Proposed Order

View on PACER

April 3, 2015

April 3, 2015

PACER
94

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 4/9/2015. Plaintiffs' counsel to consider language in order that court circulated. Government's counsel to seek approval for language discussed in paragraph. Government's counsel to circulate redline of change to paragraph 3h. Government to consult regarding paragraph 9 issues and update court by email to the court's orders box or by arranging a call through courtroom deputy Lashanda Scott about its desired next steps. Deadline for update: 1 week. (Not Reported) (lsS, COURT STAFF) (Date Filed: 4/9/2015) (Entered: 04/09/2015)

April 9, 2015

April 9, 2015

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 17, 2014

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Putative class of individuals who are subject to removal; who have expressed, or in the future express, a fear of returning to their country of removal; and who have not received, or do not receive, a reasonable fear determination within 10 days of referral to the U.S.C.I.S.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Citizenship and Immigration Services (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Mandamus, 28 U.S.C. § 1361

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 327047.66

Order Duration: 2015 - None

Issues

General:

Government services

Discrimination-basis:

Immigration status

Immigration/Border:

Asylum - procedure

Undocumented immigrants - rights and duties