Case: Gonzales v. Rivkind

U.S. Court of Appeals for the Eleventh Circuit

COMPLAINT filed for Declaratory and Injunctive Relief. (lgl) (Entered: 12/12/1991)

MOTION by Plaintiffs Tommy Ramos and Manuel Gonzales for appointment of Special Process Server. (lgl) (Entered: 12/12/1991)

ORDER granting [2-1] motion for appointment of Special Process Server. ( Signed by Judge Ben Krentzman ) (lgl) (Entered: 12/12/1991)

MOTION by Plaintiffs Tommy Ramos, Manuel Gonzales for preliminary injunction. (lgl) (Entered: 12/12/1991)

MEMORANDUM by Plaintiffs Tommy Ramos, Manuel Gonzales in support of [4-1] motion for preliminary injunction. (lgl) (Entered: 12/12/1991)

SUMMONS(ES) issued for Alan Nelson, Robert Adams, Joe Howerton . Consent(s) issued. (lgl) (Entered: 12/12/1991)

ORDER Transferring Case to Hon. William J. Castagna with his consent for all further proceedings. ( Signed by Judge Ben Krentzman ) (lgl) (Entered: 12/12/1991)

ORDER: DENYING Plaintiffs' [4-1] motion for preliminary injunction without prejudice. Plaintiffs shall have leave to amend their complaint and to file any necessary supporting papers within ten days from this date.( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

MOTION by Plaintiffs Tommy Ramos, Manuel Gonzales for Class Certification. (lgl) (Entered: 12/12/1991)

MEMORANDUM by Plaintiffs Tommy Ramos, Manuel Gonzales in support of [8-1] motion for Class Certification. (lgl) (Entered: 12/12/1991)

NOTICE by Plaintiffs Tommy Ramos, Manuel Gonzales of withdrawalof Plaintiffs' Motion for Preliminary Injunction. (lgl) (Entered: 12/12/1991)

RETURN OF SERVICE executed as to Alan Nelson, Robert Adams, Joe Howerton 1/14/83 pursuant to Affidavit of Federico Hernandez. Answer due on 2/3/83 for Joe Howerton, for Robert Adams, for Alan Nelson (lgl) (Entered: 12/12/1991)

NOTICE by Plaintiffs Tommy Ramos, Manuel Gonzales of taking deposition of Robert Adams, Lloyd Lofland and Frank Wilson, 2/24/83. (lgl) (Entered: 12/12/1991)

NOTICE by Plaintiffs Tommy Ramos, Manuel Gonzales of taking deposition of Calvin Vaughn, Agent Powell and Agent Nelson, 2/21/83. (lgl) (Entered: 12/12/1991)

NOTICE by Plaintiffs Tommy Ramos, Manuel Gonzales of taking deposition of Dan Gibson, 2/23/83. (lgl) (Entered: 12/12/1991)

RENEWED request of Plaintiff for production of documents. (lgl) (Entered: 12/12/1991)

AMENDED COMPLAINT by Plaintiffs Tommy Ramos, Manuel Gonzales. (Answer due 3/10/83 for Joe Howerton, for Perry A. Rivkind, for Robert Adams, for Alan Nelson ) amending [1-1] complaint against USA. (lgl) (Entered: 12/12/1991)

MOTION by Defendants to dismiss the Complaint for failure to state a claim upon which relief can be granted. (lgl) (Entered: 12/12/1991)

MEMORANDUM by Defendants in support of Defendants [17-1] motion to dismiss the Complaint for failure to state a claim upon which relief can be granted. (lgl) (Entered: 12/12/1991)

MOTION by Defendants for protective order re: discovery. referred to Judge Thomas G. Wilson (lgl) (Entered: 12/12/1991)

MOTION by Defendants for protective order staying discoverry. referred to Judge William J. Castagna (lgl) (Entered: 12/12/1991)

MEMORANDUM by Defendants in support of [21-1] motion for protective order staying discoverry. (lgl) (Entered: 12/12/1991)

RESPONSE by Plaintiffs to Defendants' [21-1] motion for protective order staying discoverry. (lgl) (Entered: 12/12/1991)

ORDER denying Defendants [21-1] motion for protective order staying discoverry. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

RESPONSE by Plaintiffs to [17-1] motion to dismiss the Complaint for failure to state a claim upon which relief can be granted. (lgl) (Entered: 12/12/1991)

NOTICE of attorney appearance of Jeffrey D. Fisher, Special Assistant U. S. Attorney for Defendants Alan Nelson, Robert Adams, Perry A. Rivkind, Joe Howerton, USA. (lgl) (Entered: 12/12/1991)

MOTION by Defendants with memorandum in support for protective order re: depositions. referred to Judge Thomas G. Wilson (lgl) (Entered: 12/12/1991)

ORDER denying Defendants' [27-1] motion for protective order re: depositions. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

RESPONSE by Plaintiffs to Defendants [27-1] motion for protective order re: depositions. (lgl) (Entered: 12/12/1991)

MOTION & Memorandum by Plaintiffs for an Order compelling Defendant Adams and his employee Border Patrol Agents to appear for deposition. (lgl) (Entered: 12/12/1991)

ORDER denying without prejudice Plaintiffs' [30-1] motion for an Order compelling Defendant Adams and his employee Border Patrol Agents to appear for deposition. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

ORDER denying Defendants' [17-1] motion to dismiss the Complaint for failure to state a claim upon which relief can be granted. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

ANSWER to Complaint by Defendant. (lgl) (Entered: 12/12/1991)

RENOTICE of taking deposition of Robert Adams, et al. (lgl) (Entered: 12/12/1991)

CERTIFICATE of Service of Plaintiffs' First Interrogatories. (lgl) (Entered: 12/12/1991)

(35-A) ORDER Requiring Status Information. Status information due by 7/10/83. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

(35-C) RESPONSE to Order Requiring Status Information by Plaintiffs. Discovery: Five months; Trial: Four to Five days; Settlement Probability: Unknown. (lgl) Modified on 12/12/1991 (Entered: 12/12/1991)

(35-D) NOTICE of frist status conference, October 6, 1983. (lgl) (Entered: 12/12/1991)

(35-E) ORDER for limiting discovery to March 2, 1984; Pre-trial conference March 20, 1984 at 11:30 a.m.; Non-jury trial for the weeks of April 2, 9, 16, 23, 1984. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

(35-F) SUGGESTION by Defendants of Mootness of Motion to Dismiss for lack of subject matter jurisdiction and memorandum. (lgl) (Entered: 12/12/1991)

(35-G) ORDER: Plaintiffs shall respond to Defendants' Suggestion of Mootness within ten days of the date of this order, when the Court will rule with or without a response. s/11/17/83. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

(35-H) MEMORANDUM by Plaintiffs in opposition to Defendants [35-1] Suggestion of Mootness and Motion for lack of subject matter jurisdiction. (Defendants filed 11/25/83) (lgl) (Entered: 12/12/1991)

(35-I) ORDER: Defendant's Suggestion of Mootness and Motion to Dismiss are DENIED. Defendants' are directed to respond to Plaintiff's Motion for Class Certification within ten days of the date of this Order. If Defendants do not file such a response, the Court will rule on the Motion and may grant relief requested. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

(35-J) AFFIDAVIT of Tillie Lacayo. (lgl) (Entered: 12/12/1991)

MOTION by Plaintiffs to compel response to Plaintiffs' Interrogatories. (lgl) (Entered: 12/12/1991)

MEMORANDUM by Plaintiffs in support of [36-1] motion to compel response to Plaintiffs' Interrogatories. (lgl) (Entered: 12/12/1991)

MOTION & Memorandum by Plaintiffs for an enlargement of time to respond to Plaintiff's Motion for Class Certification. (lgl) (Entered: 12/12/1991)

UNOPPOSED MOTION by Defendants for enlargement of time to respond to the Motion to Compel. (lgl) (Entered: 12/12/1991)

ORDER granting [38-1] motion for an enlargement of time to respond to Plaintiff's Motion for Class Certification and granting [36-1] motion to compel response to Plaintiffs' Interrogatories. Defendants shall have until December 23, 1983 to respond. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

MOTION by Defendants with memorandum in support for summary judgment. (Filed 1/3/84) (Exhibits attached) (lgl) (Entered: 12/12/1991)

SECOND UNOPPOSED MOTION & Memorandum by Defendants for an enlargement of time to respond to the Motion for Class Certification. (lgl) (Entered: 12/12/1991)

REQUEST & Memorandum for Oral Argument on the Motion for Summary Judgment, by Defendants. (Filed 1/3/84) (lgl) (Entered: 12/12/1991)

NOTICE by Defendants of filing Exhibits E and F to the Motion for Summary Judgment. (lgl) Modified on 12/12/1991 (Entered: 12/12/1991)

MEMORANDUM by Defendants in opposition to Plaintiffs' [8-1] motion for Class Certification. (lgl) (Entered: 12/12/1991)

MEMORANDUM by Plaintiffs in opposition to Defendants [42-1] motion for summary judgment. (lgl) (Entered: 12/12/1991)

ORDER: (1) Defendants' [42-1] Motion for Summary Judgment is DENIED. (2) Plaintiff's [36-1] Motion to Compel answers to Interrogatories is GRANTED. (3) The Court defers ruling on Plaintiff's Motion for Class Certification. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

DEFENDANTS NOTICE of substitution of Parties (filed to substitute Perry Rivkind as current Director, INS in place of Joe Howerton, retired). (lgl) (Entered: 12/12/1991)

STIPULATION extending time for discovery until 3/30/84. (lgl) (Entered: 12/12/1991)

MOTION by Plaintiffs to extend time. (lgl) (Entered: 12/12/1991)

MEMORANDUM by Plaintiffs in support of [51-1] motion to extend time. (lgl) (Entered: 12/12/1991)

MOTION by Defendants for a continuance of the pretrial Order, the pretrial conference and the trial. (lgl) (Entered: 12/12/1991)

ORDER: (1) Plaintiffs' [51-1] motion for extension is GRANTED. (2) Defendants' [53-1] Motion for continuance is GRANTED. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

MOTION by Plaintiffs to extend time. (lgl) (Entered: 12/12/1991)

MEMORANDUM by Plaintiffs in support of [55-1] motion to extend time. (lgl) (Entered: 12/12/1991)

ORDER: (1) Plaintiffs' [55-1] Second Motion for extension of time is GRANTED and Plaintiffs shall move for class certification within two weeks of the date of this Order, after which defendants shall have ten days to file a response to such motion. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

MEMORANDUM by Plaintiffs in support of [58-1] motion for Class Certification. (with Exhibits A-H -- in separate folder) (lgl) (Entered: 12/12/1991)

RESPONSE by Defendants to Plaintiffs' [58-1] motion for Class Certification. (lgl) (Entered: 12/12/1991)

REPLY by Plaintiffs to Defendants' response to [58-1] motion for Class Certification. (lgl) (Entered: 12/12/1991)

ORDER: 1) Perry Rivkind is substituted for Joe Howerton as Defendant in this action. ( Signed 5/24/84 by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

ORDER: 1) Plaintiffs' [58-1] Motion for Class Action Certification is GRANTED. 2) The Court certifies the following class of plaintiffs: All persons whose vehicles have been or will be seized by agents from District 6 of the Immigration and Naturalization Service and who have not been or will not be afforded a prompt probable cause hearing before an impartial individual; 3) The Court further certifies the following sub-class of Plaingiffs: All vehicle owners whose vehicles were not used in violation of 8 U.S.C. Section 1324(a), but who must pay costs of seizure and release Defendants from liability in order to get their vehicles returned. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

SCHEDULING ORDER (re: estimate of time required to complete discovery, trial, pending motions and/or probability of settlement. (lgl) (Entered: 12/12/1991)

SCHEDULING ORDER returned: discovery complete 0-60 days; trial 3-5 days; remote possibility of settlement, no pending motions. (lgl) (Entered: 12/12/1991)

NOTICE OF STATUS CONFERENCE: 8/22/84 at 2:00 p.m., 611 N. Florida Avenue, Tampa, Florida. s/WJC/Notified. (lgl) (Entered: 12/12/1991)

SCHEDULING ORDER setting Discovery cutoff 1/4/85 ; Pretrial conference for 1:30 1/22/85 ; Case set for non-jury trial during the weeks of February 4, 11, 18 and 25, 1985, before Judge Castagna.( signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

MAGISTRATE CONSENT FORMS mailed. (lgl) (Entered: 12/12/1991)

MOTION by Plaintiffs for protective order regarding matters raised in Defendants' Motion to Compel Answers. (lgl) (Entered: 12/12/1991)

MOTION by Defendants with memorandum in support to compel answers to certified questions. Exhbitis A, B and C attached. (lgl) (Entered: 12/12/1991)

MOTION by attorney Nora Leto to leave to file withdraw as counsel for Plaintiffs Alberto Cabrera and Tommy Ramos. (lgl) (Entered: 12/12/1991)

MEMORANDUM by Alberto Cabrera, Tommy Ramos in support of [69-1] motion to leave to file withdraw as counsel for Plaintiffs Alberto Cabrera and Tommy Ramos. (lgl) (Entered: 12/12/1991)

ORDER: 1) Defendants' [68-1] motion to compel is GRANTED; 2) Plaintiffs' [67-1] Motion for Protective Order is DENIED except that Plaintiffs in subsequent depositions may assert the privilege against selfincrimination for those questions indicated above. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

NOTICE OF STATUS CONFERENCE: 11/28/84 at 2:00 p.m. before Judge Castagna. (lgl) (Entered: 12/12/1991)

MOTION by Defendants with memorandum in support to continue status conference scheduled for 11/28/84. (lgl) (Entered: 12/12/1991)

ORDER: 1) That the status conference scheduled for November 28, 1984 at 2:00 p.m. is rescheduled for the 19th day of December 1984 at 2:00 o'clock. miscellaneous hearing to 2:00 11/28/84 for [73-1] notice ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

MOTION by Plaintiffs (with propsoed Memorandum of law of 45 pages) for summary judgment. Exhibits 1 through 28 in support of Memorandum [in separate folder] (lgl) (Entered: 12/12/1991)

REQUEST for permission to file a memorandum in excess of 20 pages in length. (lgl) (Entered: 12/12/1991)

MOTION & Memorandum by Plaintiffs for oral argument on the Motion for summary Judgment. (lgl) (Entered: 12/12/1991)

MOTION by Defendants for extension of time to Respond to Plantiffs' Motion for Summary Judgment. (lgl) (Entered: 12/12/1991)

RESPONSE by Plaintiffs to Defendants' [79-1] motion for extension of time to Respond to Plantiffs' Motion for Summary Judgment. (lgl) (Entered: 12/12/1991)

MOTION by counsel for Plaintiff Luis Armas-Sanchez for leave to withdraw as counsel. (lgl) (Entered: 12/12/1991)

MOTION by Plaintiffs for protective order. -Returned per #87. (lgl) (Entered: 12/12/1991)

ORDER: 1) that the Plaintiffs' [77-1] Motion is GRANTED; 2) That the Defendants' [79-1] Motion for enlargement of time is GRANTED and they shall file their response to the Plaintiffs' Motion for Summary Judgment within 20 days of receiving transcripts of Plaintiffs' depositions. ( Signed 3/12/85 by Judge William J. Castagna ) ( Notified 3/13/85) (lgl) (Entered: 12/12/1991)

MEMORANDUM by Plaintiffs in support of Plaintiffs' [76-1] motion for summary judgment. - Returned per #100 see #102. (lgl) (Entered: 12/12/1991)

RESPONSE by Defendants in opposition to [81-1] motion for leave to withdraw as counsel. (lgl) (Entered: 12/12/1991)

ORDER: 1) That the [82-1] motion for protective order is denied without prejudice; 2) That the Clerk shall return the Motion for Protective Order and the attached Memorandum of law with Exhibits to Plaintiffs' counsel. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

MOTION by Defendants with memorandum in support to compel to produce documents and for for sanctions. (lgl) (Entered: 12/12/1991)

REPLY by Plaintiffs to Defendants response to Plaintiffs [81-1] motion for leave to withdraw as counsel. (lgl) (Entered: 12/12/1991)

MOTION by Plaintiffs for a discovery conference. (lgl) (Entered: 12/12/1991)

RENEWED MOTION by Plaintiffs for protective order regarding depositions. (lgl) (Entered: 12/12/1991)

ORDER: That the Defendants [88-1] motion to compel and [88-2] motion for sanctions is hereby DENIED without prejudice.( Signed by Thomas Wilson 3/29/85 and Notified 4/185. ) (lgl) (Entered: 12/12/1991)

RESPONSE by Defendants in opposition to Plaintiffs [90-1] motion for a discovery conference. (lgl) (Entered: 12/12/1991)