Case: Grimaldo v. Reno

1:98-cv-01216 | U.S. District Court for the District of Colorado

Filed Date: June 1, 1998

Closed Date: Feb. 8, 2000

Clearinghouse coding complete

Case Summary

In 1998, plaintiff, a lawful permanent resident facing removal for an aggravated felony conviction filed suit against the United States Immigration and Naturalization Services in the U.S. District Court for the District of Colorado, alleging that the INS violated his due process and equal protection rights by not "serving him with charges and notice of bond." Plaintiff sought injunctive relief and compensatory damages. Plaintiff was removed on June 30, 1998.The government moved to dismiss and…

In 1998, plaintiff, a lawful permanent resident facing removal for an aggravated felony conviction filed suit against the United States Immigration and Naturalization Services in the U.S. District Court for the District of Colorado, alleging that the INS violated his due process and equal protection rights by not "serving him with charges and notice of bond." Plaintiff sought injunctive relief and compensatory damages. Plaintiff was removed on June 30, 1998.

The government moved to dismiss and plaintiff requested leave to amend his complaint. The District Court (Judge Lewis T. Babcock) dismissed Janet Reno from the case but otherwise denied the government's motion to dismiss. The Court allowed plaintiff to amend his complaint to add a request for class certification but denied it with respect to his request that the government rescind its removal order.

Grimaldo v. Reno, 187 F.R.D. 643 (D.Colo. Aug. 9, 1999) The government's motion to reconsider was denied. Grimaldo v. Reno, 189 F.R.D. 617 (D.Colo. Nov. 24, 1999).

The PACER docket reflects that the case was voluntarily dismissed by plaintiff on February 8, 2000.

Summary Authors

Dan Dalton (11/13/2007)

People


Judge(s)

Babcock, Lewis Thornton (Colorado)

Attorney for Plaintiff

Salvator, Jim (Colorado)

Attorney for Defendant

Hegarty, Michael E. (Colorado)

Molina, Ernesto H. Jr. (District of Columbia)

Judge(s)

Babcock, Lewis Thornton (Colorado)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

1:98-cv-01216

Docket [PACER]

Feb. 8, 2000

Feb. 8, 2000

Docket
21

1:98-cv-01216

Opinion

Aug. 9, 1999

Aug. 9, 1999

Order/Opinion

187 F.R.D. 187

25

1:98-cv-01216

Opinion

Nov. 24, 1999

Nov. 24, 1999

Order/Opinion

189 F.R.D. 189

Docket

Last updated April 2, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

MOTION by plaintiff to proceed Under 28 U.S.C. 1915 (former empl) (Entered: 06/01/1998)

May 21, 1998

May 21, 1998

2

ORDER by Judge Wiley Y. Daniel directing clerk to commence civil action & granting motion to proceed Under 28 U.S.C. 1915 [1-1]; complaint under review (cc: all counsel); entry date: 6/1/98 (former empl) (Entered: 06/01/1998)

June 1, 1998

June 1, 1998

3

COMPLAINT (No Summons(es) issued); jury demand (former empl) (Entered: 06/01/1998)

June 1, 1998

June 1, 1998

4

MEMORANDUM by Judge Wiley Y. Daniel to assign case to Judge Kane as related to 98-K-926 (former empl) (Entered: 06/08/1998)

June 3, 1998

June 3, 1998

5

LETTER to counsel re reassignment to Judge Kane & service (issued summons & copies sent) (former empl) (Entered: 06/09/1998)

June 9, 1998

June 9, 1998

6

MEMORANDUM by Judge John L. Kane: case not related to 98-K-926; returned to clerk for random drawn; drawn & case reassigned to Judge Lewis T. Babcock (former empl) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

7

LETTER to counsel re reassignment to Judge Babcock (former empl) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

8

Letter with EXHIBIT A to complaint [3-1] (former empl) (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

10

ORDER by Judge Lewis T. Babcock granting motion to extend time to respond to complaint until 9/23/98 [9-1] (cc: all counsel) ; entry date : 8/20/98 (former empl) (Entered: 08/20/1998)

Aug. 19, 1998

Aug. 19, 1998

11

NOTICE of Proof of Service by plaintiff by express mail to J. Reno Attorney General 6/25/98; USAtty H. Solano 6/24/98; dfts Green and Sampson served 6/24/98 (former empl) (Entered: 09/22/1998)

Sept. 21, 1998

Sept. 21, 1998

12

MOTION by defendants to dismiss , or for summary judgment (former empl) (Entered: 09/24/1998)

Sept. 23, 1998

Sept. 23, 1998

13

BRIEF by defendants in support of motion to dismiss [12-1], motion for summary judgment [12-2] (former empl) (Entered: 09/24/1998)

Sept. 23, 1998

Sept. 23, 1998

14

MINUTE ORDER : by Judge Lewis T. Babcock pltf's response due 10/13/98, any reply by dfts due 10 days after that, regarding [12-1] motion to dismiss, regarding [12-2] motion for summary judgment (cc: all counsel) ; entry date : 9/24/98 (former empl) (Entered: 09/24/1998)

Sept. 24, 1998

Sept. 24, 1998

15

RESPONSE by plaintiff to motion to dismiss [12-1], motion for summary judgment [12-2] (former empl) (Entered: 10/06/1998)

Oct. 6, 1998

Oct. 6, 1998

16

MOTION by plaintiff to amend complaint (original amended complaint (class action) tendered) (former empl) (Entered: 10/06/1998)

Oct. 6, 1998

Oct. 6, 1998

17

MINUTE ORDER : by Judge Lewis T. Babcock dfts have until 10/21/98 to respond regarding [16-1] motion to amend complaint (cc: all counsel) ; entry date : 10/6/98 (former empl) (Entered: 10/06/1998)

Oct. 6, 1998

Oct. 6, 1998

18

RESPONSE by defendant Janet Reno, defendant Joseph Greene, defendant Louise Sampson to motion to amend complaint (original amended complaint (class action) tendered) [16-1] and renewal of motion to dismiss and for sum jgm (former empl) (Entered: 10/22/1998)

Oct. 21, 1998

Oct. 21, 1998

19

MINUTE ORDER : by Judge Lewis T. Babcock pltf rply/response due 11/9/98 to [16-1] motion to amend complaint and the response (rply to repsonse) to [12-1] motion to dismiss, or [12-2] for summary judgment (cc: all counsel) ; entry date : 10/28/98 (former empl) (Entered: 10/28/1998)

Oct. 26, 1998

Oct. 26, 1998

20

REPLY by plaintiff to response to motion to amend complaint [16-1], and REPLY (RESPONSE) to dfts' motion to dismiss [12-1], motion for summary judgment [12-2] (former empl) (Entered: 11/12/1998)

Nov. 9, 1998

Nov. 9, 1998

21

MEMORANDUM, OPINION, AND ORDER: by Judge Lewis T. Babcock denying motion to amend complaint as set forth [16-1], granting motion to dismiss [12-1] [12-2] as to dft Janet Reno and all claims against her are dismissed, and denied with respect to all other dfts dismissing party Janet Reno (cc: all counsel) ; entry date : 8/9/99 (former empl) (Entered: 08/09/1999)

Aug. 9, 1999

Aug. 9, 1999

22

MOTION by defendant Joseph Greene, defendant Louise Sampson for reconsideration order [21-2] (former empl) (Entered: 08/30/1999)

Aug. 27, 1999

Aug. 27, 1999

24

RESPONSE by plaintiff Ruben Grimaldo to motion for reconsideration order [21-2] [22-1] (former empl) (Entered: 09/15/1999)

Sept. 14, 1999

Sept. 14, 1999

25

MEMORANDUM, OPINION, AND ORDER: by Judge Lewis T. Babcock denying order [21-2] (cc: all counsel) ; entry date : 11/29/99 (former empl) (Entered: 11/29/1999)

Nov. 24, 1999

Nov. 24, 1999

26

ORDER R16 stat stlmt pt pto Case referred to Magistrate Judge O. E. Schlatter by Judge Lewis T. Babcock (cc: to counsel) (former empl) (Entered: 12/29/1999)

Dec. 28, 1999

Dec. 28, 1999

27

Minute ORDER FOR RULE 16 CONFERENCE by Magistrate Judge O. E. Schlatter ; Rule 16 conference set for 9:00 3/2/00 (cc: all counsel) (gms) (Entered: 01/03/2000)

Jan. 3, 2000

Jan. 3, 2000

28

MOTION by defendant Joseph Greene, defendant Louise Sampson to extend time to file notice of appeal (former empl) (Entered: 01/21/2000)

Jan. 20, 2000

Jan. 20, 2000

29

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to extend time to file notice of appeal [28-1] (cc: all counsel) ; entry date : 1/24/00 (former empl) (Entered: 01/24/2000)

Jan. 21, 2000

Jan. 21, 2000

30

NOTICE OF APPEAL by Defts Joseph Greene, Louise Sampson in re: order [21-2] of 8/9/99 and order [25-1] 11/24/99; Notice of transcript order form due 2/3/00 ; Notice mailed to all counsel on 1/24/00 Fee Status: USA (gms) (Entered: 01/24/2000)

Jan. 24, 2000

Jan. 24, 2000

31

NOTIFICATION by Circuit Court of assignment of Case No. [30-1] 00-1038 (gms) (Entered: 01/27/2000)

Jan. 26, 2000

Jan. 26, 2000

32

MOTION by plaintiff Ruben Grimaldo to dismiss in the best interests without prejudice at this time (former empl) (Entered: 02/03/2000)

Feb. 2, 2000

Feb. 2, 2000

33

MANDATE from the Court of Appeals; CA # 00-1038; Dt issued 2/3/00; ORDER dated 2/3/00 dismissing the appeal [30-1] upon motion of appellant. (gms) (Entered: 02/04/2000)

Feb. 3, 2000

Feb. 3, 2000

34

MINUTE ORDER : by Judge Lewis T. Babcock responses are due 2/17/00 regarding [32-1] motion to dismiss in the best interests without prejudice at this time (cc: all counsel) ; entry date : 2/4/00 (former empl) (Entered: 02/04/2000)

Feb. 3, 2000

Feb. 3, 2000

35

Stipulation (MOTION) by defendant to dismissal (gms) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

36

ORDER by Judge Lewis T. Babcock granting pltf's motion to dismiss in the best interests without prejudice at this time [32-1], granting defts' stipulation to dismissal [35-1] , dismissing case w/o prejudice (cc: all counsel) ; entry date : 2/8/00 (gms) (Entered: 02/08/2000)

Feb. 8, 2000

Feb. 8, 2000

Case Details

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 1, 1998

Closing Date: Feb. 8, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual facing removal for an aggravated felony conviction and denied notification of bond.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States Immigration and Naturalization Services, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure