Case: Adlerstein v. U.S. Customs and Border Protection

4:19-cv-00500 | U.S. District Court for the District of Arizona

Filed Date: Oct. 16, 2019

Case Ongoing

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Case Summary

This case involves the effects of the Trump administration’s efforts to increase scrutiny of private United States citizens working on behalf of migrants and refugees along the U.S.-Mexico border. On October 16, 2019, the plaintiffs, three humanitarian activists, filed a complaint in the U.S. District Court for the District of Arizona against U.S. Customs and Border Protection (“CBP”), U.S. Immigrations and Customs Enforcement (“ICE”), the FBI, and each of their respective directors in their official capacities. The plaintiffs alleged violations of their First and Fourth Amendment rights as well as violations of the Privacy Act, 5 U.S.C. § 552a. They sought injunctive and compensatory relief in addition to a declaratory judgment. The plaintiffs were represented by the ACLU Foundation of Southern California and the law firm Kirkland & Ellis LLP. Specifically, the plaintiffs claimed that the defendants unlawfully detained, investigated, interrogated, surveilled, and collected information about them in absence of any reasonable criminal activity, and solely because the Trump administration was targeting individuals involved in humanitarian efforts to help migrants and refugees in the United States and Mexico.

For example, one plaintiff, a journalist whose work focused on international human rights, migration, and refugees, was detained at the Arizona border as she accompanied a migrant presenting an asylum claim. This plaintiff was held in a cold, windowless cell for four hours, and was told by a border official that “[t]he Fourth Amendment doesn’t apply here.” Another plaintiff, a photographer, was shackled to a bench for hours by border officials, after which he was interrogated about his volunteer work and political beliefs. The last plaintiff was referred for secondary inspection on twenty-six of his twenty-eight times crossing from Mexico into the U.S., and was repeatedly detained, searched, and interrogated, even though there was no indication of criminal activity on his part.

On August 4, 2020, the court heard oral argument for the defendant's motion to dismiss for failure to state a claim and for lack of jurisdiction, and, in the alternative, a motion for partial summary judgment. The court granted in part and denied in part the motions on October 1. The court held that the plaintiffs established that they were “realistically threatened by a repetition of the violation” and therefore their claim could not be dismissed for lack of standing. The court also found that the plaintiffs sufficiently alleged First Amendment retaliation claims and Fourth Amendment claims. The court denied the motion to dismiss claims for expungement of records because the evidence supported an inference that the plaintiffs could plausibly be entitled to equitable relief. The court agreed with the defendants only on one count, and it dismissed the plaintiff’s Privacy Act prayer for damages because the plaintiff failed to plead actual damages. The claim was dismissed without prejudice though, and the plaintiff was able to replead actual damages. 2020 WL 5846600

Following the court’s October 1, 2020 order, the plaintiff’s filed an amended complaint on October 26 alleging damages in the form of lost employment for two plaintiffs and the need to buy a replacement cell-phone for one plaintiff. The defendants filed their answer to the amended complaint on December 4, 2020.

Soon after, the parties began discovery, and the court declined to extend the stay of discovery while parties continued to attempt to reach a settlement agreement. Discovery was set to be completed by December 31, 2022. During the course of discovery, on November 8, 2023, the parties notified the court of a discovery dispute regarding the applicability of the law enforcement privilege as it pertained to certain discovery documents. The discovery deadline has been extended three separate times since discovery began, extending the deadline into 2024. The case is ongoing.

Summary Authors

Emma Siskin (2/7/2020)

Emma Mertens (4/8/2022)

Kavitha Babu (3/26/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16340772/parties/adlerstein-v-united-states-customs-and-border-protection/

Judge(s)

Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Brizgys, Molly Patricia (Arizona)

Elder, Stephanie Shontai (Arizona)

Attorney for Defendant

Drezner, Michael (Arizona)

Handley, Cristen C (Arizona)

Judge(s)

Jorgenson, Cindy K. (Arizona)

Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Brizgys, Molly Patricia (Arizona)

Elder, Stephanie Shontai (Arizona)

Jarrell, Charles Donald (Arizona)

Kenney, Suzanne E (Arizona)

Lieberman, Martin (Arizona)

Pilmer, Robert Alexander (California)

Sanchez, Diana (Arizona)

Sanders, Rachel Meghan (Arizona)

Tajsar, Mohammad K. (California)

Wee, Christine Keeyeh (Arizona)

Attorney for Defendant

Drezner, Michael (Arizona)

Handley, Cristen C (Arizona)

Kaiser, Sophie (Arizona)

Norway, Robert Mark (District of Columbia)

Olson, Lisa Ann (Arizona)

Slaughter, Ross (Arizona)

Tomlinson, Martin M (Arizona)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:19-cv-00500	Docket [PACER] Adlerstein v. United States Customs and Border Protection	Feb. 11, 2020	Feb. 11, 2020 Docket
1 4:19-cv-00500	Complaint	Oct. 16, 2019	Oct. 16, 2019 Complaint
30 4:19-cv-00500	Order	Oct. 1, 2020	Oct. 1, 2020 Order/Opinion 2020 WL 5846600
33 4:19-cv-00500	First Amended Complaint	Oct. 26, 2020	Oct. 26, 2020 Complaint
52 4:19-cv-00500	Order	Dec. 20, 2021	Dec. 20, 2021 Order/Opinion 2021 WL 6133955

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16340772/adlerstein-v-united-states-customs-and-border-protection/

Last updated April 3, 2026, 4:51 a.m.

ECF Number	Date	Description	Link
1	Oct. 16, 2019	COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17520395 filed by Alex Mensing, Jeff Valenzuela, Ana Adlerstein. (Lieberman, Martin) (Attachments: # 1 Civil Cover Sheet)(MCO) (Entered: 10/16/2019) 1 Civil Cover Sheet View on PACER	RECAP
2	Oct. 16, 2019	SUMMONS Submitted by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Lieberman, Martin) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(MCO) (Entered: 10/16/2019) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER	RECAP
3	Oct. 16, 2019	Filing fee paid, receipt number 0970-17520395. This case has been assigned to the Honorable Cindy K. Jorgenson. All future pleadings or documents should bear the correct case number: CV-19-500-TUC-CKJ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) (Entered: 10/16/2019)	RECAP
4	Oct. 16, 2019	NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MCO) (Entered: 10/16/2019)	RECAP
5	Oct. 16, 2019	Summons Issued as to Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/16/2019) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER	RECAP
6	Oct. 16, 2019	SUMMONS Submitted by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Lieberman, Martin) (Entered: 10/16/2019)	RECAP
7	Oct. 17, 2019	Summons Issued as to United States Immigration and Customs Enforcement. (LML). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/17/2019)	RECAP
	Oct. 18, 2019	Remark re Pro Hac Vice Motion
	Oct. 18, 2019	Remark: Pro hac vice motion(s) granted for Mohammad Tajsar on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, and Jeff Valenzuela. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
	Oct. 23, 2019	Remark re Pro Hac Vice Motion
	Oct. 23, 2019	Remark: Pro hac vice motion(s) granted for Ahilan Arulanantham on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
	Nov. 1, 2019	Remark re Pro Hac Vice Motion
	Nov. 1, 2019	Remark: Pro hac vice motion(s) granted for Robert Alexander Pilmer on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, and Jeff Valenzuela. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
8	Nov. 4, 2019	SERVICE EXECUTED filed by Ana Adlerstein, Alex Mensing, Jeff Valenzuela: Proof of Service re: Summons & Complaint upon Defendants, Attorney General of the United States, United States Attorney for District of Arizona on October 17, 2019. (Tajsar, Mohammad) (Entered: 11/04/2019)	RECAP
9	Dec. 4, 2019	NOTICE of Attorney Withdrawal Marty Lieberman filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 12/04/2019)	RECAP
10	Dec. 10, 2019	NOTICE of Appearance by Robert Mark Norway on behalf of Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Norway, Robert) (Entered: 12/10/2019)	RECAP
11	Dec. 12, 2019	Consent MOTION for Extension of Time to Respond to The Complaint, from December 16, 2019, to and including February 10, 2020, by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Proposed Order)(Norway, Robert) Modified on 12/13/2019 (BAR). (Entered: 12/12/2019) 1 Proposed Order View on PACER	RECAP
12	Dec. 18, 2019	ORDER granting 11 Motion for Extension of Time to Answer to Complaint. Response to the Complaint extended to and including February 10, 2020. Signed by Senior Judge Cindy K Jorgenson on 12/17/2019. (BAR) (Entered: 12/18/2019)	RECAP
13	Jan. 15, 2020	NOTICE of Appearance by Christine Keeyeh Wee on behalf of Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Wee, Christine) (Entered: 01/15/2020)	RECAP
14	Jan. 17, 2020	NOTICE of Attorney Withdrawal Molly Brizgys filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 01/17/2020)	RECAP
15	Feb. 7, 2020	Consent MOTION for Leave to File Excess Pages for Defendants' Motion In Response to the Complaint and Plaintiffs' Opposition by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Proposed Order)(Norway, Robert) (Entered: 02/07/2020) 1 Proposed Order View on PACER	RECAP
16	Feb. 10, 2020	MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction, MOTION for Summary Judgment, in the alternative on one claim, by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Exhibit 1, Declaration of C. Campbell and Attachment, # 2 Exhibit 2, Declaration of D. Danisek and Attachments)(Norway, Robert) (Entered: 02/10/2020) 1 Exhibit 1, Declaration of C. Campbell and Attachment View on PACER 2 Exhibit 2, Declaration of D. Danisek and Attachments View on PACER	RECAP
17	Feb. 10, 2020	STATEMENT OF FACTS re: 16 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment, in the alternative on one claim, by Defendants Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Exhibit 1, Declaration of M. Williams and Attachments)(Norway, Robert) (Entered: 02/10/2020) 1 Exhibit 1, Declaration of M. Williams and Attachments View on PACER	RECAP
18	Feb. 11, 2020	ORDER granting 15 Consent Motion for Leave to File Excess Pages. It is further ordered that the page limit for Defendants' motion and Plaintiffs' response is enlarged to 30 pages. Signed by Senior Judge Cindy K Jorgenson on 2/10/2020. (ARC) (Entered: 02/11/2020)	RECAP
19	March 11, 2020	RESPONSE to Motion re: 16 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment, in the alternative on one claim, filed by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Attachments: # 1 Declaration of Mohammad Tajsar)(Tajsar, Mohammad) (Entered: 03/11/2020) 1 Declaration of Mohammad Tajsar View on PACER	RECAP
20	March 11, 2020	STATEMENT OF FACTS re: 19 Response to Motion to Dismiss for Lack of Jurisdiction by Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Attachments: # 1 Declaration of Ana Adlerstein)(Tajsar, Mohammad) (Entered: 03/11/2020) 1 Declaration of Ana Adlerstein View on PACER	RECAP
21	March 24, 2020	NOTICE of Appearance by Michael Drezner on behalf of Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Drezner, Michael) (Entered: 03/24/2020)	RECAP
22	March 24, 2020	Consent MOTION for Extension of Time to File Response/Reply by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 03/24/2020) 1 Text of Proposed Order View on PACER	RECAP
23	March 25, 2020	ORDERED the consent motion (Doc. 22 ) is GRANTED. Defendants shall file their reply on or before April 16, 2020. Signed by Senior Judge Cindy K Jorgenson on 3/25/2020. (ARC) (Entered: 03/25/2020)	RECAP
24	April 16, 2020	MOTION for Leave to File Excess Pages Unopposed by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 04/16/2020) 1 Text of Proposed Order View on PACER	RECAP
25	April 16, 2020	REPLY to Response to Motion re: 16 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment, in the alternative on one claim, filed by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Drezner, Michael) (Entered: 04/16/2020)	RECAP
26	April 20, 2020	ORDERED that the consent motion (Doc. 24 ) is GRANTED. Signed by Senior Judge Cindy K Jorgenson on 4/20/2020. (ARC) (Entered: 04/20/2020)	RECAP
27	April 23, 2020	NOTICE of Attorney Substitution by Robert Mark Norway. (Norway, Robert) (Entered: 04/23/2020)	RECAP
28	July 14, 2020	ORDER Setting Hearing on Motion 16 MOTION to Dismiss For Lack of Jurisdiction and Failure to State A Claim and, in the Alternative, Partial Motion for Summary Judgment: Oral Argument Hearing set for 8/4/2020 at 10:30AM before Senior Judge Cindy K Jorgenson. Counsel and, if they so choose, the parties shall appear by video through the use of the National Video Teleconference System (NVTCS) or national video bridge, Cisco Jabber and Cisco Meeting Server (CMS). Signed by Senior Judge Cindy K Jorgenson on 7/14/20. (KAH) (Entered: 07/14/2020)	RECAP
29	Aug. 4, 2020	MINUTE ENTRY for Motion Hearing held August 4, 2020 before Senior Judge Cindy K. Jorgenson. The parties present argument to the Court regarding the Defendants' Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim and, in the Alternative, Partial Motion for Summary Judgment (Doc. 16 ). The Court takes the matter UNDER ADVISEMENT. Appearances: Mohammad Tajsar and Ahilan Arulanantham (appearing telephonically) for the plaintiff, Ana Adlerstein, et al. Michael Drezner (appearing telephonically) for the defendants, United States Customs and Border Protection, et al. Court Reporter: Cheryl Cummings. Hearing held 10:48 a.m. to 12:05 p.m. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (SGF) (Entered: 08/04/2020)	RECAP
	Aug. 4, 2020	Motion Hearing AND Order on Motion for Summary Judgment AND 1 - Common Prompts (Text Only) AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss for Failure to State a Claim
	Aug. 4, 2020	Motion Hearing AND 1 - Common Prompts (Text Only) AND Order on Motion for Summary Judgment AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction
	Aug. 4, 2020	Motion Hearing AND Order on Motion for Summary Judgment AND Order on Motion to Dismiss/Lack of Jurisdiction AND 1 - Common Prompts (Text Only) AND Order on Motion to Dismiss for Failure to State a Claim
	Aug. 4, 2020	1 - Common Prompts (Text Only) AND Motion Hearing AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion for Summary Judgment AND Order on Motion to Dismiss/Lack of Jurisdiction
	Aug. 4, 2020	1 - Common Prompts (Text Only) AND Order on Motion to Dismiss for Failure to State a Claim AND Motion Hearing AND Order on Motion for Summary Judgment AND Order on Motion to Dismiss/Lack of Jurisdiction
30	Oct. 1, 2020	ORDERED: The Motion to Dismiss For Lack of Jurisdiction and Failure to State A Claim and, in the Alternative, Partial Motion for Summary Judgment (Doc. 16 ) is GRANTED IN PART AND DENIED IN PART. Signed by Senior Judge Cindy K Jorgenson on 9/30/2020. (See Order for complete details) (ARC) (Entered: 10/01/2020)	RECAP
31	Oct. 14, 2020	STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT and to Stay Discovery by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 10/14/2020) 1 Text of Proposed Order View on PACER	RECAP
32	Oct. 19, 2020	ORDER ON STIPULATION FOR EXTENSION OF TIME TO ANSWER AND FOR STAY OF DISCOVERY: It is hereby ordered that the time by which Defendants must answer Plaintiffs' complaint is hereby extended to fourteen (14) days from either the date upon which Plaintiffs file any amended complaint; OR the date upon which Plaintiffs notify Defendants that they will not be seeking to amend their complaint. Discovery in this matter is stayed until such time as all discovery is completed in Phillips et al. v. United States Customs and Border Protection, et al., C.D. Cal. No. 2:19-CV-06338-SVW (JEMx). Signed by Senior Judge Cindy K Jorgenson on 10/19/2020. (See Order for complete details)(ARC) (Entered: 10/19/2020)	RECAP
33	Oct. 26, 2020	AMENDED COMPLAINT against All Defendants filed by Alex Mensing, Jeff Valenzuela, Ana Adlerstein.(Tajsar, Mohammad) (Entered: 10/26/2020)	RECAP
34	Oct. 26, 2020	NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Ana Adlerstein, Alex Mensing, Jeff Valenzuela . (Tajsar, Mohammad) (Entered: 10/26/2020)	RECAP
35	Nov. 6, 2020	STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT and to Stay Initial Disclosures by Federal Bureau of Investigation, United States Customs and Border Protection, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 11/06/2020) 1 Text of Proposed Order View on PACER	RECAP
36	Nov. 12, 2020	ORDER ON STIPULATION FOR EXTENSION OF TIME TO ANSWER AND FOR STAY OF DISCOVERY: It is hereby ordered that the time by which Defendants must answer Plaintiffs' amended complaint is hereby extended by twenty five days, such that it is due on or before December 4, 2020. All deadlines pertaining to initial disclosures in this matter are stayed until such time as all discovery is completed in Phillips et al. v. United States Customs and Border Protection, et al., C.D. Cal. No. 2:19-CV-06338-SVW (JEMx). Signed by Senior Judge Cindy K Jorgenson on 11/12/2020. (See Order for complete details)(ARC) (Entered: 11/12/2020)	RECAP
37	Dec. 4, 2020	ANSWER to 33 Amended Complaint by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray.(Drezner, Michael) (Entered: 12/04/2020)	RECAP
38	July 1, 2021	STATUS REPORT OF PARTIES by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Tajsar, Mohammad) (Entered: 07/01/2021)	RECAP
39	July 30, 2021	STATUS REPORT OF PARTIES by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Tajsar, Mohammad) (Entered: 07/30/2021)	RECAP
40	Aug. 3, 2021	ORDERED: The parties' stipulation is ADOPTED and the parties shall file a joint status report on September 24, 2021 to update the Court as to the parties' settlement discussions. Additionally, if in the parties' view, settlement discussions advanced to the point where discovery should be stayed pending a final stipulated agreement, the parties shall make that request in the September 24, 2021 report. The parties shall submit leave of the Court to deviate from General Order 17-08 in the form of a stipulation on or before August 9, 2021. Alternatively, the parties shall submit a joint report advising the Court of the status of the case on or before August 9, 2021. Signed by Senior Judge Cindy K Jorgenson on 8/2/2021. (ARC) (Entered: 08/03/2021)	RECAP
41	Aug. 9, 2021	STIPULATION as to Initial Disclosures and Schedule by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 08/09/2021)	RECAP
42	Aug. 10, 2021	ORDER ON STIPULATION AS TO INITIAL DISCLOSURES AND SCHEDULE the parties shall adhere to General Order 17-08, except as set forth in this Order. Signed by Senior Judge Cindy K Jorgenson on 08/10/2021. (See attached Order for complete details).(SCA) (Entered: 08/10/2021)	RECAP
43	Sept. 13, 2021	NOTICE of Attorney Withdrawal of Robert Alexander Pilmer filed by Robert Alexander Pilmer. (Pilmer, Robert) (Entered: 09/13/2021)	RECAP
44	Oct. 1, 2021	Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Tajsar, Mohammad) (Entered: 10/01/2021)	RECAP
45	Oct. 4, 2021	NOTICE of Appearance by Lisa Ann Olson on behalf of Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Olson, Lisa) (Entered: 10/04/2021)	RECAP
46	Oct. 4, 2021	NOTICE of Appearance by Martin M Tomlinson on behalf of Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Tomlinson, Martin) (Entered: 10/04/2021)	RECAP
47	Oct. 13, 2021	NOTICE of Appearance by Sophie Kaiser on behalf of Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Kaiser, Sophie) (Entered: 10/13/2021)	RECAP
48	Oct. 15, 2021	STATUS REPORT REGARDING PARTIES PROPOSED PROTECTIVE ORDER AND SETTLEMENT DISCUSSIONS by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Tajsar, Mohammad) (Entered: 10/15/2021)	RECAP
49	Nov. 5, 2021	Joint MOTION for Protective Order by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Exhibit A - Defendants' Proposed Version, # 2 Exhibit B - Plaintiffs' Proposed Version, # 3 Exhibit C - Phillips Complaint, # 4 Exhibit D - Guan Complaint, # 5 Exhibit E - Dousa Complaint, # 6 Exhibit F - Phillips Order on protective order, # 7 Exhibit G - Phillips Protective Order, # 8 Exhibit H - Phillips Order on Summary Judgment, # 9 Exhibit I - Dousa JSR, # 10 Exhibit J - Parties' Redlined Version)(Kaiser, Sophie) (Entered: 11/05/2021)	RECAP
50	Dec. 1, 2021	STATUS REPORT OF PARTIES REGARDING PROPOSED PROTECTIVE ORDER AND SETTLEMENT DISCUSSIONS by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Tajsar, Mohammad) (Entered: 12/01/2021)	RECAP
	Dec. 8, 2021	Remark: Pro hac vice motion(s) granted for Charles Donald Jarrell, Stephanie Shontai Elder on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
	Dec. 8, 2021	Remark re Pro Hac Vice Motion
	Dec. 9, 2021	Remark: Pro hac vice motion(s) granted for Rachel Meghan Sanders on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
	Dec. 9, 2021	Remark re Pro Hac Vice Motion
	Dec. 15, 2021	Remark: Pro hac vice motion(s) granted for Suzanne E Kenney on behalf of Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
	Dec. 15, 2021	Remark re Pro Hac Vice Motion
51	Dec. 17, 2021	Consent MOTION for Protective Order Temporary Protective Order to Cover Materials Produced During Mediation by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Proposed Order Proposed Temporary Protective Order)(Tomlinson, Martin) (Entered: 12/17/2021)	RECAP
52	Dec. 20, 2021	ORDER granting 49 Motion for Protective Order; denying 51 Motion for Protective Order. Signed by the Hon. Cindy K. Jorgenson on 12/20/2021.(CKJ, ej) (Entered: 12/20/2021)	RECAP
53	Dec. 20, 2021	PROTECTIVE ORDER. Signed by the Hon. Cindy K. Jorgenson on 12/20/2021. (CKJ, ej) (Entered: 12/20/2021)	RECAP
54	Feb. 22, 2022	SCHEDULING ORDER: All discovery, including depositions of parties and witnesses, shall be completed by December 31, 2022. Dispositive motions related to issues other than exhaustion shall be filed on or before March 1, 2023. Plaintiff and counsel shall file a brief Joint Settlement Status Report (containing no specific settlement terms or offers) on or before May 1, 2022, and every three (3) months thereafter. Counsel shall file a Joint Proposed Pretrial Order (Pretrial Statement) within thirty (30) days after resolution of the dispositive motions filed after the end of discovery. If no such motions are filed, a Joint Proposed Pretrial Order will be due on or before April 1, 2023. Signed by Senior Judge Cindy K Jorgenson on 2/22/2022. (See Order for complete details) (ARC) (Entered: 02/22/2022)	RECAP
55	May 1, 2022	REPORT of Settlement Talks/Discussions by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Tomlinson, Martin) (Entered: 05/01/2022)	RECAP
56	May 4, 2022	Joinder of Defendants Settlement Status Report by Plaintiffs Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Sanders, Rachel) (Entered: 05/04/2022)	RECAP
57	June 1, 2022	NOTICE OF ATTORNEY APPEARANCE: Garrett Coyle appearing for Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. . (Coyle, Garrett) (Entered: 06/01/2022)	RECAP
58	July 29, 2022	REPORT of Settlement Talks/Discussions [Joint] by Federal Bureau of Investigation, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Coyle, Garrett) (Entered: 07/29/2022)	RECAP
59	Aug. 8, 2022	MOTION for Protective Order Quashing Plaintiffs' 38 Additional Interrogatories by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Garrett Coyle, # 3 Proposed Order)(Coyle, Garrett) (Entered: 08/08/2022)	RECAP
60	Aug. 22, 2022	RESPONSE in Opposition re: 59 MOTION for Protective Order Quashing Plaintiffs' 38 Additional Interrogatories filed by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Attachments: # 1 Declaration of Suzanne Kenney in Support of Opposition, # 2 Index of Exhibits to Declaration of Suzanne Kenney, # 3 Exhibit A to Declaration of Suzanne Kenney, # 4 Exhibit B to Declaration of Suzanne Kenney, # 5 Exhibit C to Declaration of Suzanne Kenney)(Kenney, Suzanne) (Entered: 08/22/2022)	RECAP
61	Aug. 29, 2022	REPLY to Response to Motion re: 59 MOTION for Protective Order Quashing Plaintiffs' 38 Additional Interrogatories filed by Federal Bureau of Investigation, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Affidavit Supplemental Declaration of Garrett Coyle)(Coyle, Garrett) (Entered: 08/29/2022)	RECAP
62	Sept. 22, 2022	ORDER granting in part and denying in part 59 Motion for Protective Order Quashing Plaintiffs' Excess Interrogatories. Plaintiffs' Interrogatories to Defendant United States Customs and Border Protection, Set Two, and Plaintiffs' Interrogatories to Defendant United States Immigration and Customs Enforcement, Set Two, are QUASHED. Plaintiffs' request to propound additional interrogatories is GRANTED IN PART. Each Plaintiff may propound an additional 25 interrogatories to the defense. (See attached Order for complete details) Signed by Senior Judge Cindy K Jorgenson on 9/22/2022. (MCO) (Entered: 09/22/2022)	RECAP
63	Sept. 29, 2022	STIPULATION to Extend Discovery Deadlines by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Proposed Order)(Drezner, Michael) (Entered: 09/29/2022)	RECAP
64	Sept. 30, 2022	ORDER: It is hereby ordered that the stipulation (Doc. 63 ) is granted, and the Court orders the following discovery deadlines: Discovery due by 2/28/2023. Dispositive motions due by 7/3/2023. Signed by Senior Judge Cindy K Jorgenson on 09/29/2022. (See attached Order for complete information.)(SCA) (Entered: 09/30/2022)	RECAP
65	Nov. 1, 2022	REPORT of Settlement Talks/Discussions by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Coyle, Garrett) (Entered: 11/01/2022)	RECAP
66	Dec. 12, 2022	MOTION to Compel Further Responses From Defendants to Plaintiffs' Request for Production of Documents, Set One by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Separate Statement, # 3 Declaration of Mohammad Tajsar, # 4 Exhibit 1-8 to Declaration, # 5 Proposed Order)(Tajsar, Mohammad) (Entered: 12/12/2022)	RECAP
67	Dec. 20, 2022	STIPULATION re: 66 MOTION to Compel Further Responses From Defendants to Plaintiffs' Request for Production of Documents, Set One to Extend Briefing Schedule by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Proposed Order)(Coyle, Garrett) (Entered: 12/20/2022)	RECAP
68	Dec. 21, 2022	ORDER granting 67 Stipulation for Extension of Briefing Schedule on Plaintiffs' Motion To Compel. Defendants' responsive memorandum is due January 20, 2023, and Plaintiffs' reply memorandum is due February 10, 2023. Signed by Senior Judge Cindy K Jorgenson on 12/20/2022. (ARC) (Entered: 12/21/2022)	RECAP
69	Jan. 20, 2023	RESPONSE in Opposition re: 66 MOTION to Compel Further Responses From Defendants to Plaintiffs' Request for Production of Documents, Set One filed by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Affidavit of Deborah A. Crum, # 2 Affidavit of Michael Craig, # 3 Affidavit of Jose Haro, # 4 Affidavit of Edward Rodriguez)(Coyle, Garrett) (Entered: 01/20/2023)	RECAP
70	Jan. 21, 2023	DECLARATION of Elaine Dismuke re: 69 Response in Opposition to Motion,, . filed by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Coyle, Garrett) (Entered: 01/21/2023)	RECAP
71	Feb. 1, 2023	REPORT of Settlement Talks/Discussions by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Drezner, Michael) (Entered: 02/01/2023)	RECAP
72	Feb. 1, 2023	STIPULATION to Extend Deadline for Reply to Motion to Compel Discovery (Second Request) by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Attachments: # 1 Proposed Order)(Kenney, Suzanne) (Entered: 02/01/2023)	RECAP
73	Feb. 2, 2023	ORDERED that the 72 stipulation be granted. Plaintiffs' reply memorandum is due February 17, 2023. Signed by Senior Judge Cindy K Jorgenson on 2/2/2023. (ARC) (Entered: 02/02/2023)	RECAP
74	Feb. 17, 2023	REPLY to Response to Motion re: 66 MOTION to Compel Further Responses From Defendants to Plaintiffs' Request for Production of Documents, Set One filed by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Attachments: # 1 SUPPLEMENTAL DECLARATION OF MOHAMMAD TAJSAR IN SUPPORT OF PLAINTIFFS REPLY RE MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANTS TO PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE)(Kenney, Suzanne) (Entered: 02/17/2023)	RECAP
75	Feb. 24, 2023	Consent MOTION for Extension of Time Leave to Conduct Deposition of Plaintiff Ana Adlerstein After Close of Fact Discovery by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. (Attachments: # 1 Proposed Order)(Coyle, Garrett) (Entered: 02/24/2023)	RECAP
76	Feb. 24, 2023	MOTION for Extension of Time to Complete Discovery by Ana Adlerstein, Alex Mensing, Jeff Valenzuela. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Rachel M. Sanders, # 3 Exhibit 1 to Declaration of Rachel M. Sanders, # 4 Declaration of Suzanne E. Kenney, # 5 Exhibit 2-3 to Declaration of Suzanne E. Kenney, # 6 Proposed Order)(Kenney, Suzanne) (Entered: 02/24/2023)	RECAP
77	Feb. 27, 2023	ORDER that the motion (Doc. 75 ) be granted. Defendants may conduct Ms. Adlerstein's deposition after the close of fact discovery but no later than May 31, 2023. Signed by Senior Judge Cindy K Jorgenson on 2/24/2023. (ARC) (Entered: 02/27/2023)	RECAP
78	March 2, 2023	SCHEDULING ORDER: Plaintiff's Motion to Extend Discovery Deadlines (Doc. 76 ) is GRANTED. Rule 26(a)(3) disclosures shall be completed on or before July 14, 2023. Fact discovery shall be completed on or before July 31, 2023. Expert discovery shall be completed on or before September 29, 2023. Dispositive motions shall be filed on or before November 30, 2023. Counsel shall file a Joint Proposed Pretrial Order (Pretrial Statement) within thirty (30) days after resolution of the dispositive motions filed after the end of discovery. If no such motions are filed, a Joint Proposed Pretrial Order will be due on or before January 2, 2024. Signed by Senior Judge Cindy K Jorgenson on 3/1/2023. (ARC) (Entered: 03/02/2023)	RECAP
79	March 3, 2023	NOTICE of Attorney Withdrawal Garrett Coyle filed by Garrett Coyle. (Coyle, Garrett) (Entered: 03/03/2023)	RECAP
80	March 3, 2023	NOTICE OF ATTORNEY SUBSTITUTION: Michael Drezner appearing for Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray. Attorney Lisa Ann Olson terminated. . (Olson, Lisa) (Entered: 03/03/2023)	RECAP
81	March 22, 2023	NOTICE of Attorney Withdrawal Martin M. Tomlinson filed by Martin M Tomlinson. (Tomlinson, Martin) (Entered: 03/22/2023)	RECAP
82	April 25, 2023	ORDERED: The Motion to Compel Further Responses from Defendants to Plaintiffs'Request for Production of Documents, Set One ("Motion to Compel") (Doc. 66 ) is GRANTED IN PART AND DENIED IN PART. Defendants shall search for and produce documents related to the affiliated organizations pursuant to Requests for Production Nos. 5-9, 12-15, 27, 33, 38, and 86-90, for the time period of January 1, 2018, through June 30, 2020. Defendants shall search for and produce documents related to Lukeville arrests involving arrests for 8 U.S.C. § 1324, i.e., the bringing in or harboring of certain aliens, pursuant to Request for Production 53, for the time period of January 1, 2019, through December 31, 2019. The Motion to Compel as to Request for Production No. 84 is DENIED. The Motion to Compel as to Request for Production No. 91 is DENIED ASMOOT. The request for attorneys' fees as a sanction for Defendants' alleged discovery misconduct is DENIED. Signed by Senior Judge Cindy K Jorgenson on 4/25/2023. (ARC) (Entered: 04/25/2023)	RECAP
83	April 27, 2023	NOTICE re: Concerning Order on Plaintiffs' Motion to Compel by Matthew Albence, Federal Bureau of Investigation, Mark Morgan, United States Customs and Border Protection, United States Immigration and Customs Enforcement, Christopher Wray . (Drezner, Michael) (Entered: 04/27/2023)	RECAP

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Case Details

State / Territory:

Arizona

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: Oct. 16, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three private U.S. citizens who are humanitarian activists working on behalf of migrants and refugees along the U.S.-Mexico border

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Federal Bureau of Investigation

U.S. Customs and Border Protection

U.S. Immigrations and Customs Enforcement

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

District of Arizona 4:19-cv-00500

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Border police

Constitutional rights

Detention - criteria

Detention - procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Recommended Citation

Case Summary of Adlerstein v. U.S. Customs and Border Protection, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/17301/ (last updated 3/26/2024).