Case: Gonzalez Machado v. Ashcroft

Machado v. Ashcroft

Southern Poverty Law Center

RECEIVED Complaint - Receipt #none (IFP) (CP) (Entered: 02/20/2002)

COMPLAINT (Summons(es) issued) Fee-status: ifp Receipt #: ifp (CP) (Entered: 02/20/2002)

MOTION by plaintiffs for Class Certification (Class Action) (CP) (Entered: 02/20/2002)

Memorandum by plaintiffs in support of Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Declaration of Rhonda Brownstein in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Declaration of Nancy L Isserlis in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Declaration of Patricia J Arthur in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Declaration of Matt Adams in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Declaration of Atieno Odhiambo in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Notice by plaintiffs of hearing setting motion for Class Certification (Class Action) [4-1] (w/o oral argument 3/25/02 ) (CP) (Entered: 02/20/2002)

MOTION by plaintiffs to File Overlength Brief (CP) (Entered: 02/20/2002)

Notice by plaintiffs of hearing on Motion for Leave to File Overlength Brief LR 7.1(f) and (h) [12-1] (w/o oral argument 3/25/02 ) (CP) (Entered: 02/20/2002)

MOTION by plaintiffs for appointment of Guardian ad Litem (LR 17.1(a)) (CP) (Entered: 02/20/2002)

Declaration of Atieno Odhiambo in Support of Motion for appointment of Guardian ad Litem (LR 17.1(a)) [14-1] (CP) (Entered: 02/20/2002)

Notice by plaintiffs of hearing setting motion for appointment of Guardian ad Litem (LR 17.1(a); LR 7.1(h)) [14-1] (w/o oral argument 3/25/02 ) (CP) (Entered: 02/20/2002)

Notice by plaintiffs of hearing on Motion for Permission to Participate Pro Hac Vice LR 83.2(c) Without Oral Argument 3/25/02 (CP) Modified on 02/22/2002 (Entered: 02/20/2002)

ORDER TO PROCEED IN FORMA PAUPERIS by Magistrate Judge Cynthia Imbrogno (nunc pro tunc 2/19/02)(cc: all counsel) (CP) Modified on 02/22/2002 (Entered: 02/20/2002)

MOTION by plaintiffs to Participate pro hac vice (re: atty Rohit Nepal) (CP) (Entered: 02/20/2002)

MOTION by plaintiffs to Participate pro hac vice (re: Rhonda Brownstein) (CP) (Entered: 02/20/2002)

Declaration of Rohit Nepal in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Law Clerk assigned to case is 02 (PW)

MOTION by plaintiffs Marcos Gonzalez Machado & David Groesbeck for temporary restraining order and for preliminary injunction (SAP) (Entered: 02/27/2002)

Memorandum by plaintiffs Marcos Gonzalez Machado, David Groesbeck in support of motion for temporary restraining order [21-1], motion for preliminary injunction [21-2] (SAP) (Entered: 02/27/2002)

Declaration of Daniel Smith by plaintiffs re motion for temporary restraining order [21-1], re motion for preliminary injunction [21-2] (SAP) (Entered: 02/27/2002)

Declaration of Margaret H. Taylor by plaintiffs re motion for temporary restraining order [21-1], re motion for preliminary injunction [21-2] (SAP) (Entered: 02/27/2002)

Declaration of Ann E. Benson by plaintiffs re motion for temporary restraining order [21-1], re motion for preliminary injunction [21-2] (SAP) (Entered: 02/27/2002)

Declaration of Marcos Gonzalez Machado by plaintiffs re motion for temporary restraining order [21-1], re motion for preliminary injunction [21-2] (SAP) (Entered: 02/27/2002)

Notice by plaintiffs of hearing setting motion for temporary restraining order [21-1] (w/o oral argument 2/26/02 ) (SAP) (Entered: 02/27/2002)

Notice by plaintiffs of hearing setting motion for preliminary injunction [21-2] (w/o oral argument 3/8/02 ) (SAP) (Entered: 02/27/2002)

MOTION by plaintiffs Marcos Gonzalez Machado, David Groesbeck for leave to file overlength brief (SAP) (Entered: 02/27/2002)

Notice by plaintiffs of hearing setting motion for leave to file overlength brief [29-1] (w/o oral argument 3/29/02 ) (SAP) (Entered: 02/27/2002)

End file #1 (docs 1-24) (SAP)

TEMPORARY RESTRAINING ORDER by Chief Judge Fred L. Van Sickle: INS shall not remove pltf Machado from USA prior to 3/7/02; telephonic hrg set for 10:00 3/5/02 Spokane, WA to determine if this order to remain in effect w/pltfs to initiate call; pltfs do not need to post a bond at this time (cc: all counsel via facsimile & mail) (SAP) (Entered: 02/27/2002)

AMENDED TEMPORARY RESTRAINING ORDER by Chief Judge Fred L. Van Sickle: pltfs' mtn to file an overlength brief [12-1] is granted; pltfs' mtn for TRO [21-1] is granted in part & denied in part; INS shall not remove pltf Machado from USA prior to 3/7/02; telephonic hrg set 3/5/02 @ 10:00 w/pltfs to initiate call; pltfs do not need to post a bond at this time (cc: all counsel via facsimile & regular mail) (SAP) (Entered: 02/28/2002)

(PW)

MINUTES: Telephonic TRO hearing held before Chief Judge Fred L. Van Sickle Hrg Location: Spokane; Topper Baker court reporter (SAP) (Entered: 03/05/2002)

ORDER by Chief Judge Fred L. Van Sickle granting motion for leave to file overlength brief [29-1], granted in part and denied in part [21-2] motion for preliminary injunction, INS shall not remove Marcos Gonzalez Machado from US prior to end of case or upon further order of the court; INS shall not conduct hrgs/proceedings re removal/deportation except upon order of the court; INS to permit access by Machado's counsel to all records; if parties have not reached agr by 3/6/02 12:00 pm re release of Machado from INS custody, then court appoints Marie Higuera to represent Machado for limited purpose of securing his release from INS custody w/atty's fees to be paid by dfts; bond requirement by pltf is waived; court to set expeditied schedling conf (cc: all counsel & atty Higuera via fax & mail) (SAP) Modified on 03/07/2002 (Entered: 03/07/2002)

NOTICE of ATTORNEY APPEARANCE for defendant Immigration and Nat; Atty William Herbert Beatty appearing (SAP) (Entered: 03/08/2002)

Status Conference Notice ;telephonic status conf 8:30 4/19/02 Spokane, WA (PW)

OBJECTION by Federal defendants' to plaintiff's motions: to motion to Participate pro hac vice (re: Rhonda Brownstein) [19-1], motion to Participate pro hac vice (re: atty Rohit Nepal) [18-1], motion for appointment of Guardian ad Litem (LR 17.1(a)) [14-1], motion for Class (Class Action) [4-1] (SAP) (Entered: 03/20/2002)

FIRST AMENDED COMPLAINT for Injunctive and Declaratory Relief (SAP) (Entered: 03/20/2002)

REPORTER'S TRANSCRIPT FILED. CR : Topper S Baker Judge Van Sickle City : Spokane, WA For date of 3/5/02 Type of Proceeding: Telephonic Hrg on TRO (CP) (Entered: 03/21/2002)

NOTICE OF ADDRESS CORRECTION by plaintiff (CP) (Entered: 03/22/2002)

NOTICE of ATTORNEY APPEARANCE for defendant John Ashcroft, defendant Robert Coleman, defendant Immigration and Nat; Atty Michelle E Gorden appearing (SAP) (Entered: 03/25/2002)

ORDER re Motions by Chief Judge Fred L. Van Sickle; parties to jointly file by 4/17/02 a briefing schedule for all pending and anticipated motions; court will set a date for motions to be re-noted at status conf on 4/19/02; 3/25/02 is sticken for motion for appointment of Guardian ad Litem (LR 17.1(a)) [14-1] & motion for Class Certification (Class Action) [4-1] (cc: all counsel) (SAP) (Entered: 03/27/2002)

SUMMONS/RETURN OF SERVICE executed upon defendant John - Ashcroft, defendant Robert - Coleman (CP) (Entered: 03/29/2002)

JOINT Status Conference Certificate filed (SAP) (Entered: 04/08/2002)

SUBMISSION re Discovery Plan & Initial Disclosure Deadlines by plaintiffs (SAP) (Entered: 04/16/2002)

MOTION by defendants John Ashcroft, Robert Coleman & Immigration and Nat for leave to file overlength brief (SAP) (Entered: 04/22/2002)

Memorandum by defendants John Ashcroft, Robert Coleman & Immigration and Nat in support of motion for leave to file overlength brief [45-1] (SAP) (Entered: 04/22/2002)

MOTION by defendants John Ashcroft, Robert Coleman & Immigration and Nat to dismiss the complaint and to vacate the court's 3/5/02 order granting a preliminary injunction (SAP) (Entered: 04/22/2002)

Memorandum by defendants John Ashcroft, Robert Coleman & Immigration and Nat in support of motion to dismiss the complaint [47-1] & motion to vacate the court's 3/5/02 order granting a preliminary injunction [47-2] (SAP) (Entered: 04/22/2002)

Notice by defendants John Ashcroft, Robert Coleman & Immigration and Nat of hearing setting motion for leave to file overlength brief [45-1] with oral argument 1:30 6/6/02 Spokane, WA, setting motion to dismiss the complaint [47-1] with oral argument 1:30 6/6/02 Spokane, WA, setting motion to vacate the court's 3/5/02 order granting a preliminary injunction [47-2] with oral argument 1:30 6/6/02 Spokane, WA (SAP) (Entered: 04/22/2002)

Certificate of service by defendants John Ashcroft, Robert Coleman & Immigration and Nat of: docs #45-49 (SAP) (Entered: 04/22/2002)

MINUTES: Status/Scheduling Conference hearing held before Chief Judge Fred L. Van Sickle Hrg Location: Spokane; Mark Snover court reporter (SAP) (Entered: 04/22/2002)

Notice by plaintiff of hearing setting motion for Class Certification (Class Action) [4-1]; oral argument 1:30 6/6/02 Spokane, WA (LE) (Entered: 04/24/2002)

Scheduling Conference Order by Chief Judge Fred L. Van Sickle Disp mtn ddl: 10/7/02; Mtn in limine ddl: 10/28/02 ; In-court hearing set 1:30 6/6/02 Spokane, WA ;discovery to be complete 9/30/02 ;proposed PTO due 1/2/03; Pretrial Conf set 8:30 1/7/03 Spokane, WA ; Non-Jury Trial set 9:00 1/27/03 Spokane, WA (cc:all counsel) (CP) Modified on 04/30/2002 (Entered: 04/29/2002)

MOTION by defendant John Ashcroft, defendant Robert Coleman, defendant Immigration and Nat for an extension of time to file a response to plaintiff's motion for class certification (SAP) (Entered: 05/07/2002)

Declaration of Marcos Gonzalez Machado by plaintiffs Marcos Gonzalez Machado, David Groesbeck (SAP) (Entered: 05/07/2002)

PROPOSED RECEIVED Stipulation and Order vacating stay of removal proceedings and stay of removal re: submitted by plaintiffs Marcos Gonzalez Machado & David Groesbeck (SAP) (Entered: 05/07/2002)

Stipulation and ORDER Vacating Stay of Removal Proceedings and Stay of Removal by Chief Judge Fred L. Van Sickle re order of 3/5/02 [34-1] both court's stay of pltf's administrative proceedings & stay of his removal from US are VACATED (cc: faxed to all counsel) (SAP) (Entered: 05/08/2002)

ORDER Extending Briefing Deadlines for Motion to Certify Class by Chief Judge Fred L. Van Sickle; dft's motion for an extension of time [54-1] is GRANTED IN PART; govt's resp ddl 5/17/02; pltf's rply ddl 5/31/02 (cc: all counsel) (SAP) (Entered: 05/08/2002)

Memorandum by defendant John - Ashcroft, defendant Robert - Coleman, defendant Immigration and Nat in opposition to motion for Class Certification (Class Action) [4-1] (SAP) (Entered: 05/17/2002)

MOTION by plaintiff to file overlength brief (RF) (Entered: 05/20/2002)

Notice of Hearing by plaintiff setting motion to file overlength brief [60-1] (w/o oral argument 6/6/02 ) (RF) (Entered: 05/20/2002)

Declaration of Nancy L Isserlis by plaintiff in support of motion to file overlength brief [60-1] (RF) (Entered: 05/20/2002)

Plaintiffs' opposition to Defendants' motion to dismiss the complaint [47-1] (RF) (Entered: 05/20/2002)

Appendix to plaintiffs' opposition to Defendants' motion to dismiss [63-1] (Exhibits 1-7) (RF) (Entered: 05/20/2002)

Reply by plaintiffs Marcos Gonzalez Machado, David Groesbeck re memorandum in opposition to class certification [59-1] (SAP) (Entered: 06/03/2002)

Reply by defendants to plaintiff's memorandum in opposition to defendants' motion to dismiss the complaint and vacate the court's 3/5/02 order granting a preliminary injunction [63-1] (SAP) (Entered: 06/03/2002)

MINUTES: Motion hearing held before Chief Judge Fred L. Van Sickle Hrg Location: Spokane; Mark Snover court reporter (SAP) (Entered: 06/07/2002)

MINUTES: Telephonic motion hearing held before Chief Judge Fred L. Van Sickle Hrg Location: Spokane; Mark Snover court reporter (SAP) (Entered: 06/18/2002)

ORDER Granting Motion to Dismiss by Chief Judge Fred L. Van Sickle; dft's mtn to dismiss the complaint [47-1] is GRANTED; this action is DISMISSED WITH PREJUDICE; pltf's mtn for Class Certification (Class Action) [4-1] is DENIED AS MOOT; granting motion for appointment of Guardian ad Litem (LR 17.1(a)) [14-1], granting motion to Participate pro hac vice (re: atty Nepal) [18-1], granting motion to Participate pro hac vice (re: Rhonda Brownstein) [19-1], granting motion for leave to file overlength brief [45-1], granting motion to file overlength brief [60-1], dft's mtn to vacate [47-2] is DENIED AS MOOT; DCE to close file; CrOB-188-90; case terminated (cc: all counsel) (SAP) (Entered: 06/18/2002)

Application by plaintiff for attorney fees (CP) (Entered: 07/15/2002)

MOTION by defendant to dissolve the preliminary injunction granting appointment of counsel at government expense & ... (SAP) (Entered: 07/30/2002)

... & Memorandum by defendant in opposition to application motion for attorney fees [70-1] (SAP) (Entered: 07/30/2002)

BRIEF in Support of Fees by plaintiff Marcos Gonzalez Machado (SAP) (Entered: 08/14/2002)

ORDER by Chief Judge Fred L. Van Sickle granting motion to dissolve the preliminary injunction granting appointment of counsel at government expense [71-1]; atty Marie Higuera is appointed counsel retroactively under 18 USC 3006A(a)(2); atty Higuera is to submit an appl for pyment under CJA; DCE to process appl for atty's fees under CJA (cc: all counsel & atty Higuera w/CJA form) (SAP) (Entered: 08/21/2002)

FAXED/MAILED order re atty's fees to all counsel (SAP)