Case: L.V.M. v. Lloyd

1:18-cv-01453 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 16, 2018

Case Ongoing

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Case Summary

On February 16, 2018, a minor child detained by the Office of Refugee Resettlement (ORR) filed this putative class-action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiff sued ORR under the Trafficking Victims Protection Reauthorization Act of 2008, the Administrative Procedure Act, the Declaratory Judgement Act, and petitioned for writs of habeas corpus and mandamus. The plaintiff, an immigrant represented by the New York Civil Liberties Union, alleged that federal officers had removed minor children from their parents in violation of due process, and that ORR had held children in “highly restrictive government-controlled facilities” indefinitely and with no explanation. Specifically, the named plaintiff in this case had been arrested for gang involvement. After a judge dismissed the claim, the plaintiff was moved to a facility reserved for children who do not present a danger, with no date for release despite having no disciplinary issues. The plaintiff also received no explanation for the extended detention.

On May 9, 2018, the plaintiff moved for preliminary injunctive relief in the form of: (1) vacatur of the Director Review Policy, a new ORR policy that imposed procedural barriers to the release of children from detention; and (2) an order directing ORR to take all reasonable measures to expedite the processing of reunification requests. Meanwhile, the defendants moved to dismiss on May 15.

Judge Paul A. Crotty issued an opinion and order on June 27, 2018 denying the defendants' motion to dismiss and vacating the Director Review Policy but declining to order ORR to expedite the reunification process. In denying the defendants' motion to dismiss, Judge Crotty noted that the plaintiffs had pleaded plausible statutory and constitutional violations and had adequately demonstrated irreparable injury and likelihood of success on numerous claims. In the order, Judge Crotty addressed evidence before the court that indicated that the Director Review Policy was instituted within hours of Lloyd’s appointment as the director of ORR, based on unidentified news reports about criminal activities involving immigrant minors. He noted that expedited discovery had not yielded any records showing a consideration of relevant law, agency documents, or the impact on unaccompanied undocumented children. Judge Crotty noted that this “unlawful agency behavior” was at the “zenith of impermissible agency actions” and that “the Court cannot turn a blind eye to Plaintiff’s suffering and irreparable injury.” As part of the same order, Judge Crotty certified a class defined as “[a]ll children who are or will be in the custody of ORR in New York State and who are currently housed in a staff-secure facility or have ever been housed in a staff-secure or secure facility.” 318 F. Supp. 3d 601.

On November 5, 2018, the defendants informed the court that they conceded the illegality of the Director Review Policy while preserving the right to appeal pure legal issues and based on this concession moved for a protective order barring further discovery. Judge Crotty rejected this argument, noting that the Director Review Policy was not the only legal issue common to the class, that the certified class continued to have common legal claims against the defendants, and that the prolonged detention of minor children continued.

The parties proceeded to engage in discovery, which (except for a brief stay caused by the government shutdown in December 2018 and January 2019) continued into the summer of 2019. However, between June 3, 2019 and April 7, 2021, there was no action in the case, which led Judge Crotty to issue an order dismissing the case. Not long after the dismissal, the parties began to engage in negotiations. For over two years, they provided periodic status reports to Judge Crotty on their attempts to resolve the matter without further litigation.

On December 12, 2023, Judge Crotty approved a settlement agreement, effective for three years from the date of approval (December 12, 2026). The settlement defined the covered class as “all children who are or will be in the custody of [the Office of Refugee Resettlement] in New York State and who are currently housed in a staff-secure facility or who or have ever been housed in a staff-secure or secure facility.” Under the settlement agreement, the ORR was required to vacate the Director Review Policy and provide class counsel with a monthly list of class members in ORR custody in New York. The ORR was also required to provide class counsel with an ORR email address that counsel could use to inquire whether a class member was receiving legal assistance. Moreover, the ORR agreed to post notices of the settlement at all facilities housing class members in New York state in areas visible to class members and service providers. The notices would be provided in the five languages most commonly used by unaccompanied children at these facilities. Lastly, Judge Crotty ordered the government to pay plaintiffs’ counsel $110,000 in attorney’s fees and costs. The case was dismissed with prejudice pursuant to the terms of the settlement agreement. The settlement agreement, however, is still in effect until December 2026.

Summary Authors

Tiffany Chung (10/6/2019)

Jonah Hudson-Erdman (4/12/2021)

Taylor Hopkins (2/6/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6347254/parties/lvm-v-lloyd/

Judge(s)

Crotty, Paul Austin (New York)

Attorney for Plaintiff

Austin, Paige (New York)

Dunn, Christopher (New York)

Attorney for Defendant

Byars, Michael James (New York)

Expert/Monitor/Master/Other

Aguirre, Guadalupe Victoria (New York)

Judge(s)

Crotty, Paul Austin (New York)

Attorney for Plaintiff

Austin, Paige (New York)

Dunn, Christopher (New York)

Gemmell, Antony Philip Falconer (New York)

Hodgson, Robert (New York)

Katovich, Scout Katherine (New York)

Padmanabhan, Aadhithi (New York)

Perry, Jessica (New York)

Attorney for Defendant

Byars, Michael James (New York)

Neidl, Benjamin Fisher (New York)

Oestericher, Jeffrey Stuart (New York)

Teleanu, Natasha Waglow (New York)

Tinio, Rebecca S. (New York)

Other

Aguirre, Guadalupe Victoria (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:18-cv-01453	Civil Docket for Case #: 1:18-cv-01453-PAC	April 12, 2019	April 12, 2019 Docket
1 1:18-cv-01453	Class Action Complaint and Petition for a Writ of Habeas Corpus	Feb. 16, 2018	Feb. 16, 2018 Complaint
76 1:18-cv-01453	Order	June 8, 2018	June 8, 2018 Order/Opinion
77 1:18-cv-01453	Opinion and Order	June 27, 2018	June 27, 2018 Order/Opinion 318 F.Supp.3d 601
130 1:18-cv-01453	Opinion and Order	June 3, 2019	June 3, 2019 Order/Opinion
172 1:18-cv-01453	Order and Final Judgment L.V.M. v. Marcos	Dec. 12, 2023	Dec. 12, 2023 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6347254/lvm-v-lloyd/

Last updated April 1, 2026, 5:12 a.m.

ECF Number	Date	Description	Link
1	Feb. 16, 2018	Petition for Writ of Habeas Corpus	Clearinghouse
2	Feb. 16, 2018	Certify Class	RECAP
3	Feb. 16, 2018	Memorandum of Law in Support of Motion	RECAP
4	Feb. 16, 2018	Civil Cover Sheet	RECAP
	Feb. 20, 2018	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher T Dunn. The party information for the following party/parties has been modified: L.V.M., Scott Lloyd, Jonathan White, Steven R. Wagner, Alex Azar, Elcy Valdez, Jeremy Kohomban. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (pc)
	Feb. 20, 2018	Notice to Attorney Regarding Party Modification
	Feb. 20, 2018	***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher T Dunn. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551; Nature of Suit code 440 (Civil Rights: Other). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2241; the Nature of Suit code has been modified to 463 (Habeas Corpus - Alien Detainee). (pc)
	Feb. 20, 2018	Notice to Attorney Regarding Case Opening Statistical Error Correction
	Feb. 20, 2018	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pc)
	Feb. 20, 2018	Case Opening Initial Assignment Notice
	Feb. 20, 2018	Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pc)
	Feb. 20, 2018	Case Designation
	Feb. 20, 2018	Case Designated ECF. (pc)
	Feb. 20, 2018	Case Designated ECF
5	Feb. 21, 2018	NOTICE OF APPEARANCE by Paige Austin on behalf of L.V.M.. (Austin, Paige) (Entered: 02/21/2018)	RECAP
6	Feb. 22, 2018	REQUEST FOR ISSUANCE OF SUMMONS as to Jeremy Kohomban, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)	RECAP
7	Feb. 22, 2018	REQUEST FOR ISSUANCE OF SUMMONS as to Steven Wagner, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)	RECAP
8	Feb. 22, 2018	REQUEST FOR ISSUANCE OF SUMMONS as to Scott Lloyd, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)	RECAP
9	Feb. 22, 2018	REQUEST FOR ISSUANCE OF SUMMONS as to Elcy Valdez, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)	RECAP
10	Feb. 22, 2018	REQUEST FOR ISSUANCE OF SUMMONS as to Alex Azar, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)	RECAP
11	Feb. 22, 2018	REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan White, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)	RECAP
12	Feb. 23, 2018	ELECTRONIC SUMMONS ISSUED as to Jeremy Kohomban. (sj) (Entered: 02/23/2018)	RECAP
13	Feb. 23, 2018	ELECTRONIC SUMMONS ISSUED as to Steven Wagner. (sj) (Entered: 02/23/2018)	RECAP
14	Feb. 23, 2018	ELECTRONIC SUMMONS ISSUED as to Scott Lloyd. (sj) (Entered: 02/23/2018)	RECAP
15	Feb. 23, 2018	ELECTRONIC SUMMONS ISSUED as to Elcy Valdez. (sj) (Entered: 02/23/2018)	RECAP
16	Feb. 23, 2018	ELECTRONIC SUMMONS ISSUED as to Alex Azar. (sj) (Entered: 02/23/2018)	RECAP
17	Feb. 23, 2018	ELECTRONIC SUMMONS ISSUED as to Jonathan White. (sj) (Entered: 02/23/2018)	RECAP
18	Feb. 26, 2018	LETTER MOTION for Conference on Motion for Preliminary Injunction and Expedited Discovery Schedule addressed to Judge Paul A. Crotty from Paige Austin dated 2/26/2018. Document filed by L.V.M..(Austin, Paige) (Entered: 02/26/2018)	RECAP
19	Feb. 26, 2018	NOTICE OF APPEARANCE by Michael James Byars on behalf of Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 02/26/2018)	RECAP
20	Feb. 27, 2018	NOTICE OF APPEARANCE by Aadhithi Padmanabhan on behalf of L.V.M.. (Padmanabhan, Aadhithi) (Entered: 02/27/2018)	RECAP
21	Feb. 27, 2018	AFFIDAVIT OF SERVICE of Letter Motion served on Scott Lloyd; Jonathan White; Steven Wagner; Alex Azar; Elcy Valdez on 2/27/2018. Service was made by Mail. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/27/2018)	RECAP
22	March 1, 2018	AFFIDAVIT OF SERVICE of Letter Motion served on Jeremy Kohomban on 3/1/2018. Service was made by Mail. Document filed by L.V.M.. (Austin, Paige) (Entered: 03/01/2018)	RECAP
	March 2, 2018	Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Wednesday, March 14, 2018 @ 12:00 PM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)
	March 2, 2018	Docket Annotation
	March 6, 2018	Calendar Entry DATE CHANGE: The Pre-Motion Conference scheduled to go forward on Wednesday, March 14, 2018 is rescheduled to: Thursday, March 15, 2018 @ 10:30 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment (on consent): the 3/14/18 not a convenient date for the parties. A PDF IS NOT ATTACHED TO THIS ENTRY (reset via e-mail communication by: David Gonzalez - Courtroom Deputy). (dgo)
	March 6, 2018	Docket Annotation
23	March 11, 2018	LETTER addressed to Judge Paul A. Crotty from AUSA Michael J. Byars dated March 11, 2018 re: response to February 26, 2018 letter (ECF 18). Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Byars, Michael) (Entered: 03/11/2018)	RECAP
	March 14, 2018	CALENDAR ENTRY REMINDER: Pre-Motion Conference scheduled to go forward on: Thursday, March 15, 2018 @ 10:30 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
	March 14, 2018	Docket Annotation
	March 15, 2018	Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 3/15/2018. REMARK: Paige Austin, Christopher Dunn, Aadhithi Padmanabhan, and Scout Katovich appeared for the plaintiff. AUSA Michael Byars appeared for the government. The Court directs the plaintiff to make its discovery demands in writing and to meet and confer with the government. A conference is set for Thursday, March 22, 2018 at 11:15 AM. See transcript for details. (Court Reporter Rose Prater) (dgo)
	March 15, 2018	Pre-Motion Conference
	March 20, 2018	CALENDAR ENTRY REMINDER: Status Conference scheduled to go forward on: Thursday, March 22, 2018 @ 11:15 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
	March 20, 2018	Docket Annotation
24	March 21, 2018	JOINT LETTER addressed to Judge Paul A. Crotty from Counsel for Plaintiffs and Federal Defendants dated 3/21/2018 re: Parties' Joint Letter Regarding Expedited Discovery and Proposed Briefing Schedule. Document filed by L.V.M..(Austin, Paige) (Entered: 03/21/2018)	RECAP
	March 22, 2018	Calendar Entry DATE CHANGE: The Status Conference scheduled to go forward on Thursday, March 22, 2018 is rescheduled to: Thursday, March 29, 2018 @ 11:00 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment: the 3/22/18 no longer a convenient date for the Court. A PDF IS NOT ATTACHED TO THIS ENTRY (reset via e-mail communication by: David Gonzalez - Courtroom Deputy). (dgo) Modified on 3/23/2018 (dgo).
	March 22, 2018	Docket Annotation
25	March 27, 2018	TRANSCRIPT of Proceedings re: conference held on 3/15/2018 before Judge Paul A. Crotty. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2018. Redacted Transcript Deadline set for 4/27/2018. Release of Transcript Restriction set for 6/25/2018.(McGuirk, Kelly) (Entered: 03/27/2018)	RECAP
26	March 27, 2018	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernece proceeding held on 3/15/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/27/2018)	RECAP
27	March 28, 2018	NOTICE OF APPEARANCE by Benjamin Fisher Neidl on behalf of Jeremy Kohomban. (Attachments: # 1 Affidavit Affirmation of Service)(Neidl, Benjamin) (Entered: 03/28/2018)	RECAP
	March 29, 2018	Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 3/29/2018. REMARK: Paige Austin, Christopher Dunn, Aadhithi Padmanabhan, and Scout Katovich appeared for the plaintiff. AUSA Michael Byars appeared for the government. Benjamin Neidle apeared for respondent K. Kohomban. The Court ordered the following: S. Lloyd and E. Valdez are to be deposed; Depositions will take place between April 11 and April 13; April 13, 2018 is the close of discovery; Mr. Neidl and the government can move the Court together for a MTD; The Agency is to produce what the parties have agreed to. The PI is due on April 23, 2018. See transcript for details. (Court Reporter Eve Giniger) (dgo)
	March 29, 2018	Status Conference
28	April 4, 2018	NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Teleanu, Natasha) (Entered: 04/04/2018)	RECAP
29	April 5, 2018	STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Judge Paul A. Crotty on 4/5/18) (yv) (Entered: 04/05/2018)	RECAP
30	April 10, 2018	JOINT LETTER addressed to Judge Paul A. Crotty from Paige Austin dated 4/10/2018 re: Request to Modify Discovery and Briefing Schedule. Document filed by L.V.M..(Austin, Paige) (Entered: 04/10/2018)	RECAP
31	April 12, 2018	MEMO ENDORSEMENT on re: 30 Letter filed by L.V.M. ENDORSEMENT: The proposed modifications are approved. So ordered.(Deposition due by 4/17/2018. Motions due by 4/27/2018. Responses due by 5/21/2018. Replies due by 5/29/2018.) (Signed by Judge Paul A. Crotty on 4/12/2018) (anc) (Entered: 04/12/2018)	RECAP
32	April 17, 2018	TRANSCRIPT of Proceedings re: conference held on 3/29/2018 before Judge Paul A. Crotty. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/8/2018. Redacted Transcript Deadline set for 5/18/2018. Release of Transcript Restriction set for 7/16/2018.(McGuirk, Kelly) (Entered: 04/17/2018)	RECAP
33	April 17, 2018	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/29/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/17/2018)	RECAP
34	April 24, 2018	LETTER MOTION for Extension of Time addressed to Judge Paul A. Crotty from Paige Austin, Counsel for the Plaintiffs dated 4/24/18. Document filed by L.V.M..(Padmanabhan, Aadhithi) (Entered: 04/24/2018)	RECAP
35	April 25, 2018	ORDER granting 34 Letter Motion for Extension of Time. The briefing schedule is modified as requested on pg 2. SO ORDERED. (Motions due by 5/14/2018.) (Signed by Judge Paul A. Crotty on 4/25/18) (yv) (Entered: 04/26/2018)	RECAP
	April 25, 2018	Set/Reset Deadlines
	April 25, 2018	Set/Reset Deadlines: Responses due by 5/24/2018. Replies due by 5/31/2018. (yv)
36	April 30, 2018	FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Preliminary Injunction . Document filed by L.V.M.. (Attachments: # 1 Affidavit Maria Rafael Declaration, # 2 Affidavit Luis Zayas Declaration, # 3 Affidavit Lisa Fortuna Declaration, # 4 Affidavit Robert Carey Declaration, # 5 Affidavit Carolyn Corrado Declaration, # 6 Affidavit Bryan Johnson Declaration, # 7 Affidavit Cesar Francia Declaration, # 8 Affidavit Dawn Guidone Declaration, # 9 Affidavit LVM Declaration, # 10 Affidavit Edith E. G. Mejia Declaration, # 11 Affidavit Marta E. G. Abrego Declaration, # 12 Affidavit Margarita M. Rodriguez Declaration)(Austin, Paige) Modified on 5/9/2018 (db). (Entered: 04/30/2018)	RECAP
37	April 30, 2018	FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 36 FIRST MOTION for Preliminary Injunction . . Document filed by L.V.M.. (Padmanabhan, Aadhithi) Modified on 5/9/2018 (db). (Entered: 04/30/2018)	RECAP
38	April 30, 2018	FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 39 Declaration) - DECLARATION of Scout Katovich in Support re: 36 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) Modified on 5/4/2018 (db). (Entered: 04/30/2018)	RECAP
39	April 30, 2018	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Scout Katovich in Support re: 36 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) Modified on 5/9/2018 (db). (Entered: 04/30/2018)	RECAP
40	May 3, 2018	NOTICE OF APPEARANCE by Scout Katherine Katovich on behalf of L.V.M.. (Katovich, Scout) (Entered: 05/03/2018)	RECAP
41	May 9, 2018	FIRST MOTION for Preliminary Injunction . Document filed by L.V.M..(Austin, Paige) (Entered: 05/09/2018)	RECAP
42	May 9, 2018	MEMORANDUM OF LAW in Support re: 41 FIRST MOTION for Preliminary Injunction . . Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
43	May 9, 2018	DECLARATION of Scout Katovich in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
44	May 9, 2018	DECLARATION of Maria Rafael in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
45	May 9, 2018	DECLARATION of Dr. Luis H. Zayas in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
46	May 9, 2018	DECLARATION of Dr. Lisa R. Fortuna in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
47	May 9, 2018	DECLARATION of Robert Carey in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
48	May 9, 2018	DECLARATION of Carolyn Corrado in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
49	May 9, 2018	DECLARATION of Bryan Johnson in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
50	May 9, 2018	DECLARATION of Cesar A. Francia in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
51	May 9, 2018	DECLARATION of Dawn Pipek Guidone in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
52	May 9, 2018	DECLARATION of L.V.M. in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
53	May 9, 2018	DECLARATION of Edith Esmeralda de Galindo Mejia in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
54	May 9, 2018	DECLARATION of Marta Elicia Gonzalez Abrego in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
55	May 9, 2018	DECLARATION of Margarita Mendoza Rodriguez in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)	RECAP
	May 9, 2018	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Paige Austin to RE-FILE Document 36 FIRST MOTION for Preliminary Injunction . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
	May 9, 2018	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Paige Austin to RE-FILE Document 39 Declaration in Support of Motion, 37 Memorandum of Law in Support of Motion. ERROR(S): Documents linked to filing error(s). (db)
	May 9, 2018	Notice to Attorney to Re-File Document - Deficient Docket Entry Error
	May 9, 2018	NOTICE of Oral Argument: Oral Argument on the pending motions is scheduled to go forward on: Thursday, June 7, 2018 at 10:30 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before the Honorable Paul A. Crotty, U.S.D.J ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)
	May 9, 2018	Docket Annotation
56	May 10, 2018	LETTER MOTION for Leave to File Excess Pages and Request for a One-Day Extension of Time addressed to Judge Paul A. Crotty from Natasha W. Teleanu dated 5/10/2018. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Teleanu, Natasha) (Entered: 05/10/2018)	RECAP
57	May 11, 2018	ORDER granting 56 Letter Motion for Leave to File Excess Pages. The request for an enlarged brief is granted, and the proposed schedule is adopted. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/11/18) (yv) (Entered: 05/11/2018)	RECAP
	May 11, 2018	Set/Reset Deadlines
	May 11, 2018	Set/Reset Deadlines: Responses due by 5/25/2018. Replies due by 6/1/2018. (yv)
58	May 14, 2018	MOTION to Dismiss . Document filed by Jeremy Kohomban. Responses due by 5/25/2018 Return Date set for 6/7/2018 at 10:30 AM.(Neidl, Benjamin) (Entered: 05/14/2018)	RECAP
59	May 14, 2018	MEMORANDUM OF LAW in Support re: 58 MOTION to Dismiss ., 36 FIRST MOTION for Preliminary Injunction ., 2 MOTION to Certify Class . (Memorandum of Law in support of Jeremy Kohomban's motion to dismiss, and in response to plaintiff/petitioner's motions for preliminary injunction and class certification). Document filed by Jeremy Kohomban. (Neidl, Benjamin) (Entered: 05/14/2018)	RECAP
60	May 14, 2018	AFFIRMATION of Benjamin F. Neidl in Support re: 41 FIRST MOTION for Preliminary Injunction ., 58 MOTION to Dismiss ., 2 MOTION to Certify Class .. Document filed by Jeremy Kohomban. (Attachments: # 1 Exhibit Exhibit A (TVPRA), # 2 Exhibit Exhibit B (ORR Policy Guide sec. 1.4.2), # 3 Exhibit Exhibit C (ORR Policy Guide sec. 2.7), # 4 Exhibit Excerpt of Elcy Valdez Deposition Transcript)(Neidl, Benjamin) (Entered: 05/14/2018)	RECAP
61	May 15, 2018	MOTION to Dismiss . Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Byars, Michael) (Entered: 05/15/2018)	RECAP
62	May 15, 2018	DECLARATION of E. Scott Lloyd in Opposition re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/15/2018)	RECAP
63	May 15, 2018	DECLARATION of Jallyn Sualog in Opposition re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/15/2018)	RECAP
64	May 15, 2018	MEMORANDUM OF LAW in Opposition re: 41 FIRST MOTION for Preliminary Injunction . . Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/15/2018)	RECAP
65	May 16, 2018	DECLARATION of Marivic Fields in Opposition re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/16/2018)	RECAP
66	May 16, 2018	LETTER MOTION to Seal Document addressed to Judge Paul A. Crotty from Natasha W. Teleanu dated 5/16/2018. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Teleanu, Natasha) (Entered: 05/16/2018)	RECAP
67	May 16, 2018	ORDER granting 66 LETTER Motion to Seal Document. The declaration and exhibits may be filed under seal. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/16/18) (yv) Modified on 5/16/2018 (yv). (Entered: 05/16/2018)	RECAP

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Case Details

State / Territory:

New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 16, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All children who are or will be in the custody of ORR in New York State and who are currently housed in a staff-secure facility or have ever been housed in a staff-secure or secure facility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

United States Department of Health and Human Services

Facility Type(s):