Case: K.O. & E. O. v. United States

K.O. & E. O. v. United States of America

Vanessa Romo, Joel Rose

COMPLAINT against All Plaintiffs Filing fee: $ 400, receipt number 0101-8502619 (Fee Status: Filing Fee paid), filed by K.O.. (Attachments: # 1 Exhibit 1 to Complaint, # 2 Exhibit 2 to Complaint, # 3 Exhibit 3 to Complaint, # 4 Exhibit 4 to Complaint, # 5 Exhibit 5 to Complaint, # 6 Exhibit 6 to Complaint, # 7 Exhibit 7 to Complaint, # 8 Exhibit 8 to Complaint, # 9 Exhibit 9 to Complaint, # 10 Civil Cover Sheet, # 11 Exhibit Attachment A to Civil Cover Sheet, # 12 JS45 Category Form)(Maynard, Lauren) Modified on 11/9/2020, sealed exhibit 9, contains minor names. (Jones, Sherry). (Attachment 9 replaced on 11/9/2020) (Jones, Sherry). (Entered: 11/09/2020)

1 Exhibit 1 to Complaint

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2 Exhibit 2 to Complaint

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3 Exhibit 3 to Complaint

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4 Exhibit 4 to Complaint

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5 Exhibit 5 to Complaint

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6 Exhibit 6 to Complaint

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7 Exhibit 7 to Complaint

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8 Exhibit 8 to Complaint

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9 Exhibit 9 to Complaint

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10 Civil Cover Sheet

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11 Exhibit Attachment A to Civil Cover Sheet

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12 JS45 Category Form

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NOTICE of Appearance by Lauren Maynard on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Maynard, Lauren) (Entered: 11/09/2020)

Case transferred to Central Division (Worcester) (Vieira, Leonardo) (Entered: 11/09/2020)

Case transferred in from Eastern Division (Boston) on 11/9/2020 Case Number 1:20-cv-12015. (Alba, Robert) (Entered: 11/09/2020)

ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Alba, Robert) (Entered: 11/09/2020)

Summons Issued as to UNITED STATES OF AMERICA. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 11/09/2020)

Case Transferred Out - Divisional Transfer

Case Transferred In - Divisional Transfer

Notice of Case Assignment

Online access to documents in this case is limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Jones, Sherry) (Entered: 11/10/2020)

NOTICE of Appearance by Rayford A. Farquhar on behalf of UNITED STATES OF AMERICA (Farquhar, Rayford) (Entered: 12/09/2020)

NOTICE of Appearance by Nathan P. Warecki on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Warecki, Nathan) (Entered: 01/05/2021)

AFFIDAVIT OF SERVICE Executed by L.J., K.O., E.O., Jr., C.J., F.C., E.O.. UNITED STATES OF AMERICA served on 11/13/2020, answer due 12/4/2020. Acknowledgement filed by L.J. ; K.O.; E.O., Jr.; C.J.; F.C.; E.O.. (Attachments: # 1 Exhibit A - Service of Complaint on US Atty Lelling, # 2 Exhibit B - Service of Complaint on USAG Barr)(Warecki, Nathan) (Entered: 01/05/2021)

MOTION for Leave to Appear Pro Hac Vice for admission of David A. Vicinanzo Filing fee: $ 100, receipt number 0101-8578448 by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Warecki, Nathan) (Entered: 01/05/2021)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 11 Motion for Leave to Appear Pro Hac Vice Added David A. Vicinanzo. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry) (Entered: 01/06/2021)

NOTICE of Appearance by Michael P. Sady on behalf of UNITED STATES OF AMERICA (Sady, Michael) (Entered: 01/06/2021)

Disregard - NOTICE of Appearance by Joseph M. Cacace on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Cacace, Joseph) Modified on 1/6/2021 (Burgos, Sandra). (Entered: 01/06/2021)

NOTICE of Appearance by Joseph M. Cacace on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Cacace, Joseph) (Entered: 01/06/2021)

NOTICE of Appearance by Howard M. Cooper on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Cooper, Howard) (Entered: 01/06/2021)

Order on Motion for Leave to Appear

NOTICE of Appearance by Derege B. Demissie on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Demissie, Derege) (Entered: 01/08/2021)

NOTICE of Appearance by Susan B. Church on behalf of C.J., E.O., E.O., Jr., F.C., K.O., L.J. (Church, Susan) (Entered: 01/08/2021)

Assented to MOTION for Extension of Time to February 16, 2021 to answer as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 1/19/2021 (Jones, Sherry). (Entered: 01/15/2021)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 19 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 2/16/2021. (Castles, Martin) (Entered: 02/03/2021)

Order on Motion for Extension of Time to Answer

Assented to MOTION for Extension of Time to March 19, 2021 to File Response/Reply as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 2/12/2021 (Castles, Martin). (Entered: 02/11/2021)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 21 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 3/19/2021. (Castles, Martin) (Entered: 02/12/2021)

Order on Motion for Extension of Time to Answer

Assented to MOTION for Extension of Time to May 3, 2021 to File Response/Reply as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 3/19/2021 (Castles, Martin). (Entered: 03/18/2021)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 23 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 5/3/2021. (Castles, Martin) (Entered: 03/19/2021)

Order on Motion for Extension of Time to Answer

Assented to MOTION for Extension of Time to 08/31/2021 to File Answer re 1 Complaint,, by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Cacace, Joseph) (Entered: 04/30/2021)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 25 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 8/31/2021. (Castles, Martin) (Entered: 04/30/2021)

Order on Motion for Extension of Time to Answer

Joint MOTION for Extension of Time to November 30, 2021 to File Response/Reply as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 8/31/2021 (Jones, Sherry). (Entered: 08/30/2021)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 27 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 11/30/2021. (Castles, Martin) (Entered: 09/01/2021)

Order on Motion for Extension of Time to Answer

Joint MOTION for Extension of Time to February 1, 2022 to File Response/Reply as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 12/3/2021 (Castles, Martin). (Entered: 12/01/2021)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 29 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 2/1/2022. (Castles, Martin) (Entered: 12/03/2021)

Order on Motion for Extension of Time to Answer

Assented to MOTION for Extension of Time to February 28, 2022 to File Response/Reply as to 1 Complaint,, by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified on 1/25/2022 (Jones, Sherry). (Entered: 01/25/2022)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 31 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 2/28/2022. (Castles, Martin) (Entered: 01/27/2022)

Order on Motion for Extension of Time to Answer

MOTION to Transfer Case to the Western District of Texas by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified docket text on 4/19/2022 (Burgos, Sandra). (Entered: 02/28/2022)

MEMORANDUM in Support re 33 MOTION to Dismiss for Lack of Jurisdiction filed by UNITED STATES OF AMERICA. (Farquhar, Rayford) (Entered: 02/28/2022)

Assented to MOTION for Leave to File Excess Pages by UNITED STATES OF AMERICA.(Farquhar, Rayford) (Entered: 02/28/2022)

Assented to MOTION for Extension of Time to 04/11/2022 to File an Amended Complaint and/or Opposition to Defendants' Motion to Transfer or to Dismiss the Complaint by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Cacace, Joseph) (Entered: 03/04/2022)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 36 Motion for Extension of Time to 04/11/2022 to File an Amended Complaint and/or Opposition to Defendants' Motion to Transfer or to Dismiss the Complaint. (Castles, Martin) (Entered: 03/08/2022)

Order on Motion for Extension of Time

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 35 Motion for Leave to File Excess Pages. (Castles, Martin) (Entered: 04/05/2022)

Order on Motion for Leave to File Excess Pages

Opposition re 33 MOTION to Dismiss for Lack of Jurisdiction filed by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Maynard, Lauren) (Entered: 04/11/2022)

Assented to MOTION to Proceed Under Pseudonym by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Attachments: # 1 Affidavit, # 2 Affidavit)(Maynard, Lauren) (Main Document 40 replaced on 4/19/2022) (Burgos, Sandra). (Entered: 04/11/2022)

1 Affidavit

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2 Affidavit

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AMENDED COMPLAINT against All Defendants, filed by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Maynard, Lauren) (Entered: 04/11/2022)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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Assented to MOTION for Extension of Time to 04/29/2022 to File Response/Reply by UNITED STATES OF AMERICA.(Farquhar, Rayford) (Entered: 04/18/2022)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 42 Motion for Extension of Time to File Reply 33 MOTION to Transfer/Dismiss for Lack of Jurisdiction. Reply due by 4/29/2022. (Castles, Martin) (Entered: 04/19/2022)

NOTICE of Withdrawal of Appearance by Michael P. Sady (Sady, Michael) (Entered: 04/19/2022)

Order on Motion for Extension of Time to File Response/Reply

Assented to MOTION for Extension of Time to 05/20/2022 to File Answer to Plaintiff's Amended Complaint by UNITED STATES OF AMERICA.(Farquhar, Rayford) (Entered: 04/25/2022)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 45 Motion for Extension of Time to Answer. UNITED STATES OF AMERICA answer due 5/20/2022. (Castles, Martin) (Entered: 04/25/2022)

Order on Motion for Extension of Time to Answer

REPLY to Response to 33 MOTION to Transfer Case to the Western District of Texas filed by UNITED STATES OF AMERICA. (Farquhar, Rayford) (Entered: 04/28/2022)

Notice of Supplemental Authorities re 33 MOTION to Transfer Case to the Western District of Texas (Attachments: # 1 Exhibit 1)(Cacace, Joseph) (Entered: 05/13/2022)

1 Exhibit 1

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Assented to MOTION for Leave to File Excess Pages by UNITED STATES OF AMERICA.(Farquhar, Rayford) (Entered: 05/20/2022)

Motion to Transfer or alternatively MOTION to Dismiss the Amended Complaint by UNITED STATES OF AMERICA.(Farquhar, Rayford) Modified docket text on 5/23/2022 (Burgos, Sandra). (Entered: 05/20/2022)

MEMORANDUM in Support re 50 MOTION to Dismiss the Amended Complaint filed by UNITED STATES OF AMERICA. (Farquhar, Rayford) (Entered: 05/20/2022)

Assented to MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Dismiss the Amended Complaint by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Cacace, Joseph) (Entered: 05/23/2022)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 52 Motion for Extension of Time to File Response re 50 MOTION to Dismiss the Amended Complaint. Responses due by 7/8/2022. (Castles, Martin) (Entered: 05/24/2022)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 49 Motion for Leave to File Excess Pages. (Castles, Martin) (Entered: 05/24/2022)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered finding as moot 33 Motion to Transfer Case. An Amended Complaint has been filed. (Castles, Martin) (Entered: 05/24/2022)

Order on Motion for Extension of Time to File Response/Reply

Order on Motion for Leave to File Excess Pages

Order on Motion to Transfer Case

Assented to MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Dismiss the Amended Complaint by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Warecki, Nathan) (Entered: 07/06/2022)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 56 Motion for Extension of Time to File Response as to 50 MOTION to Dismiss the Amended Complaint. Response due by 7/15/2022. (Castles, Martin) (Entered: 07/06/2022)

Order on Motion for Extension of Time to File Response/Reply

Assented to MOTION for Leave to File Excess Pages by C.J., E.O., E.O., Jr., F.C., K.O., L.J..(Warecki, Nathan) (Entered: 07/15/2022)

Opposition re 50 MOTION to Dismiss the Amended Complaint, 58 Assented to MOTION for Leave to File Excess Pages filed by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Attachments: # 1 Exhibit A - K.O. v. Sessions 11-20-18 Response from ICE, # 2 Exhibit B - Email from Hill to Warecki 12-14-18)(Warecki, Nathan) (Entered: 07/15/2022)

1 Exhibit A - K.O. v. Sessions 11-20-18 Response from ICE

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2 Exhibit B - Email from Hill to Warecki 12-14-18

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District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting in part and denying in part 58 Motion for Leave to File Excess Pages. Leave is granted up to 40 pages. (Castles, Martin) (Entered: 07/21/2022)

Order on Motion for Leave to File Excess Pages

Opposition re 50 MOTION to Dismiss the Amended Complaint filed by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Maynard, Lauren) (Entered: 07/29/2022)

1 Exhibit A

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2 Exhibit B

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Assented to MOTION for Leave to File a Reply in Support of its Motion to Transfer or Alternatively to Dismiss Plaintiff's Amended Complaint by UNITED STATES OF AMERICA.(Farquhar, Rayford) (Entered: 08/02/2022)

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 62 Motion for Leave to File Reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) (Entered: 08/03/2022)

Order on Motion for Leave to File Document

REPLY to Response to 50 MOTION to Dismiss the Amended Complaint filed by UNITED STATES OF AMERICA. (Farquhar, Rayford) (Entered: 08/12/2022)

Assented to MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion to Transfer or Dismiss (ECF 50) by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Attachments: # 1 Exhibit 1 Proposed Surreply)(Cacace, Joseph) Modified text on 9/7/2022 (Barrows, Jennifer). (Entered: 09/06/2022)

1 Exhibit 1 Proposed Surreply

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District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 65 Motion for Leave to File Reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) (Entered: 09/08/2022)

SUR-REPLY to Motion re 50 MOTION to Dismiss the Amended Complaint filed by C.J., E.O., E.O., Jr., F.C., K.O., L.J.. (Cacace, Joseph) (Entered: 09/08/2022)

Order on Motion for Leave to File Document

ELECTRONIC NOTICE Setting Hearing on Motion 50 MOTION to Dismiss the Amended Complaint, 40 Assented to MOTION to Proceed Under Pseudonym : Motion Hearing set for 11/18/2022 11:30 AM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Castles, Martin) (Entered: 10/05/2022)

ELECTRONIC NOTICE Resetting Hearing on Motion 50 MOTION to Dismiss the Amended Complaint, 40 Assented to MOTION to Proceed Under Pseudonym : Motion Hearing reset for 11/22/2022 at 10:00 AM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Castles, Martin) (Entered: 10/05/2022)

Notice Setting or Resetting Hearing on Motion

Notice of Supplemental Authorities re 50 MOTION to Dismiss the Amended Complaint (Farquhar, Rayford) (Entered: 11/15/2022)

Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 11/22/2022 re 40 Assented to MOTION to Proceed Under Pseudonym and 50 MOTION to Dismiss the Amended Complaint filed by UNITED STATES OF AMERICA, Case called, Counsel appear by video-conference for motion hearing, Court hears arguments of counsel, Court rules granting 40 Motion to Proceed Under Pseudonym and taking under advisement 50 Motion to Dismiss; (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Cacace,Warecki/Farquhar) (Castles, Martin) (Entered: 11/22/2022)

Order on Motion to Dismiss AND Motion Hearing AND Order on Motion for Miscellaneous Relief

Motion Hearing AND Order on Motion to Dismiss AND Order on Motion for Miscellaneous Relief

Motion Hearing AND Order on Motion for Miscellaneous Relief AND Order on Motion to Dismiss

District Judge Timothy S. Hillman: ORDER AND MEMORANDUM entered granting in part and denying in part 50 Motion to Transfer or Dismiss. Defendants motion to transfer is denied, and the alternate motion to dismiss is granted in part and denied in part. All claims brought by the parents in their personal capacities are dismissed. Any claim of negligent supervision or negligence in causing the family separation is dismissed. All other claims remain. (Castles, Martin)

ELECTRONIC NOTICE of Reassignment. Judge Patti B. Saris added. Case redrawn according to Local Rule 40.1(i). District Judge Timothy S. Hillman no longer assigned to case. (Danieli, Chris) (Entered: 01/09/2023)

Notice of Reassignment