Case: Humane Society of New York v. Mayorkas

Case Assigned to Judge Colleen Kollar-Kotelly. (zsb)

MINUTE ORDER: The Court has received Plaintiff Southern Poverty Law Center's Motions for Admission of Attorney Pro Hac Vice with respect to the following individuals: 4 Jeffrey Fisher, 5 Jamila A. Johnson, 6 Natalie Lyons, 7 Maureen A. Sheehy, 8 William E. Dorris, 9 Gia L. Cincone, 10 Susan W. Pangborn, 12 Jared F. Davidson, and 15 Lisa S. Graybill. Those motions are GRANTED CONTINGENT upon submission by each of the aforementioned attorneys of a declaration by APRIL 17, 2018, stating that he or she has reviewed and is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on April 10, 2018. (lcckk1)

NOTICE OF CORRECTED DOCKET ENTRY: re 26 Summons Returned Executed as to US Attorney,, Summons Returned Executed as to U.S. Attorney General, was entered in error and said pleading refiled using the correct event for U.S.Attorney General. (td)

NOTICE OF ERROR re 26 Summons Returned Executed as to US Attorney; emailed to chenel@kilpatricktownsend.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please file document(s) for service upon the U.S. Attorney. (ztd, )

CERTIFICATE OF SERVICE by SOUTHERN POVERTY LAW CENTER re 32 MOTION for Preliminary Injunction (Amended Certificate of Service). (Henel, Christian) (Entered: 05/04/2018)

MINUTE ORDER: The Court has received Plaintiff's 32 Motion for a Preliminary Injunction. The Court has arranged a teleconference on the record with the parties on MAY 7, 2018, at 3:00 PM, to discuss a briefing schedule. The Court asks the parties to call Chambers, preferably on the same telephone line. By MAY 7, 2018, at 1:00 PM, the parties shall each file a notice with the Court identifying which of their respective counsel shall participate in the teleconference. Signed by Judge Colleen Kollar-Kotelly on May 4, 2018. (lcckk1)

Set/Reset Hearings: Telephone Conference on the record set for 5/7/2018 at 3:00 PM in Chambers before Judge Colleen Kollar-Kotelly. (dot)

NOTICE of Appearance by Daniel Patrick Schaefer on behalf of All Defendants (Schaefer, Daniel) (Entered: 05/07/2018)

MINUTE ORDER: The Court held a teleconference on the record with the parties on May 7, 2018, regarding Plaintiff's 32 Motion for a Preliminary Injunction. Certain of Plaintiff's detainee clients held in the detention center at issue in this motion have rapidly approaching asylum or immigration hearings. The parties agreed to negotiate regarding a solution for a specific one or more of those detainee clients and potentially a solution to the broader preliminary injunction motion. With the consent of the parties, the Court has scheduled a further teleconference on the record for MAY 9, 2018, at 1:00 PM. If the parties have not negotiated a solution in full to Plaintiff's 32 Motion for a Preliminary Injunction, then they should submit a Joint Status Report by MAY 9, 2018, at 10:00 AM, proposing a briefing schedule for such portion of the 32 Motion as remains to be decided. Signed by Judge Colleen Kollar-Kotelly on May 7, 2018. (lcckk1)

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference held on 5/7/2018. Further Telephone Conference set for 5/9/2018 at 1:00 PM in Chambers before Judge Colleen Kollar-Kotelly. (Court Reporter Lisa Edwards.) (dot)

Joint STATUS REPORT by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Schaefer, Daniel) (Entered: 05/09/2018)

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 5/9/2018. (Court Reporter Lisa Edwards.) (dot)

Set/Reset Deadlines: Motion for a Preliminary Injunction due by 5/25/2018. Plaintiff's Reply due by 6/1/2018. (dot)

MINUTE ORDER: The Court held a further teleconference on the record with the parties on May 9, 2018, regarding the parties' efforts to negotiate a solution to Plaintiff's 32 Motion for a Preliminary Injunction. The parties have reached an agreement as to protocol governing Plaintiff's Nigerian client with a May 17, 2018, asylum hearing. They are still discussing a protocol to govern Plaintiff's other clients held in the detention center at issue. The parties shall notify the Court with a Joint Status Report if and when they reach agreement as to these other clients.If they have not already reached agreement, Defendants shall file their response to Plaintiff's 32 Motion for a Preliminary Injunction by MAY 25, 2018, and Plaintiff shall file a reply by JUNE 1, 2018. Signed by Judge Colleen Kollar-Kotelly on May 10, 2018. (lcckk1)

TRANSCRIPT OF PROCEEDINGS before Judge Colleen Kollar-Kotelly held on May 9, 2018; Page Numbers: 1-21. Date of Issuance: May 16, 2018. Court Reporter/Transcriber Lisa Edwards, Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter refe renced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/6/2018. Redacted Transcript Deadline set for 6/16/2018. Release of Transcript Restriction set for 8/14/2018.(Edwards, Lisa) (Entered: 05/16/2018)

Joint MOTION for Mediation Referral, Joint MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Preliminary Injunction by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 05/24/2018)

ORDER REFERRING certain issues raised by Plaintiff's 32 Motion for a Preliminary Injunction and specifically identified in the parties' 37 motion to Chief Circuit Mediator Carolyn Lerner for mediation to commence on JUNE 6, 2018, and to conclude no later than JULY 13, 2018. See Order for details. Signed by Judge Colleen Kollar-Kotelly on May 30, 2018. (lcckk1) (Entered: 05/30/2018)

MINUTE ORDER: The Court has received the parties' 37 Joint Motion to Refer the Case to Mediation and for Enlargement of the Briefing Schedule. The parties indicate that they have made "substantial progress" in negotiating a solution to Plaintiff's 32 Motion for a Preliminary Injunction pending resolution of Plaintiff's claims on the merits. The parties nevertheless seek referral to Chief Circuit Mediator Carolyn Lerner for assistance in resolving two issues, namely 1) Plaintiff's request for additional attorney-client meeting space in the facility at issue, and 2) Plaintiff's request for accommodations to facilitate remote interpretation services during in-person attorney-client meetings in the facility at issue. The parties seek to postpone briefing of Plaintiff's 32 Motion for a Preliminary Injunction until after completion of this mediation.For good cause shown, the Court shall GRANT-IN-PART and DENY-IN-PART the parties' 37 Joint Motion. The Court shall issue a separate order referring the resolution of the above-described two issues to mediation as the parties have requested. The parties had proposed extending the deadlines for Defendants' opposition and Plaintiff's reply. The Court is of the view that establishing extended deadlines for further pleadings as to Plaintiff's 32 Motion for a Preliminary Injunction is premature based on the potential for mediation to resolve that motion. Accordingly, the Court shall HOLD IN ABEYANCE Plaintiff's 32 Motion for a Preliminary Injunction pending resolution of mediation. The parties shall file a Joint Status Report by no later than JULY 18, 2018, indicating the results of mediation and proposing a schedule for further proceedings in this matter.In light of mediation that may substantially affect proceedings in this case, the Court shall sua sponte STAY Defendants' obligation to answer or otherwise respond to Plaintiff's 1 Complaint until further order of the Court.Signed by Judge Colleen Kollar-Kotelly on May 30, 2018. (lcckk1)

Set/Reset Deadlines: Mediation to commence on 6/6/2018, and to conclude by 7/13/2018 before Chief Circuit Mediator Carolyn Lerner. (dot)

Set/Reset Deadlines: Joint Status Report due by 7/18/2018. (dot)

Joint MOTION for Extension of Time to File Joint Status Report by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/18/2018)

MINUTE ORDER: The Court has received the parties' 39 Joint Motion Requesting Extension of Time to File Joint Status Report. The parties indicate that they have been working with the mediators and are close to achieving a final resolution of Plaintiff's 32 Motion for a Preliminary Injunction. They seek additional time to submit their Joint Status Report currently due July 18, 2018, in order to achieve such resolution beforehand. Accordingly, notwithstanding the tardiness of this motion pursuant to Paragraph 7 of the Court's 25 Order Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly, the Court shall GRANT the parties' 39 Joint Motion, for good cause shown. The parties shall submit a Joint Status Report by JULY 26, 2018, indicating the results of mediation and proposing a schedule for any further proceedings in this matter. In order to facilitate continued work with the mediator, the Court shall continue the referral of this case to the Chief Circuit Mediator pursuant to the Court's 38 Order until JULY 26, 2018. Signed by Judge Colleen Kollar-Kotelly on July 18, 2018. (lcckk1)

Set/Reset Deadlines: Joint Status Report due by 7/26/2018. (dot)

Joint STATUS REPORT by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit 1 - Term Sheet, # 2 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/26/2018)

MINUTE ORDER: The Court has received the parties' 40 Joint Status Report, which indicates that "[t]he parties successfully negotiated a full resolution of Plaintiff's Motion for Preliminary Injunction in accordance with the terms on the attached Term Sheet." As they have proposed, the parties are directed to file their final Settlement Agreement resolving Plaintiff's 32 Motion on or before AUGUST 27, 2018. They have represented that Plaintiff will withdraw its 32 Motion on the same day that the parties file their final Settlement Agreement. The parties shall also file by AUGUST 27, 2018, a further Joint Status Report indicating the results of their discussion as to whether to extend mediation to the merits of claims against the LaSalle facility and to the claims against the Irwin and Stewart facilities. This Joint Status Report shall also propose a schedule for any further proceedings in this matter. In order to facilitate continued work with the mediator, the Court shall continue the referral of this case to the Chief Circuit Mediator pursuant to the Court's 38 Order until AUGUST 30, 2018. Signed by Judge Colleen Kollar-Kotelly on July 26, 2018. (lcckk1)

Unopposed MOTION for Extension of Time to File Settlement Agreement by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 08/23/2018)

MINUTE ORDER: The Court has received Defendants' 41 Unopposed Motion for Extension of Time to File Final Settlement Agreement. Plaintiff indicates that it does not oppose this motion provided that no other dates in the parties' Term Sheet are changed. Defendants have accepted these conditions. For good cause shown, notwithstanding the acknowledged tardiness of the motion, and contingent on no other dates in the parties' Term Sheet being changed, the Court shall GRANT Defendants' 41 Unopposed Motion. The parties are directed to file their final Settlement Agreement resolving Plaintiff's 32 Motion for a Preliminary Injunction on or before SEPTEMBER 5, 2018. Although Defendants do not seek an extension of the deadline for the next Joint Status Report, the Court finds that it would be more efficient to align the submission of that Joint Status Report with the conclusion of settlement as to the preliminary injunction. Accordingly, the Court shall sua sponte continue the deadline for filing of the parties' further Joint Status Report until SEPTEMBER 5, 2018. As set forth in the Court's Minute Order of July 26, 2018, this Joint Status Report shall indicate the results of the parties' discussion as to whether to extend mediation to the merits of claims against the LaSalle facility and to the claims against the Irwin and Stewart facilities. This Joint Status Report shall also propose a schedule for any further proceedings in this matter. Signed by Judge Colleen Kollar-Kotelly on August 24, 2018. (lcckk1)

Set/Reset Deadlines: Parties final settlement agreement due by 9/5/2018. Joint Status Report due by 9/5/2018. (dot)

NOTICE of Settlement - Settlement Agreement on Plaintiff's Motion for Preliminary Injunction Regarding the LaSalle Processing Center by All Defendants (Schaefer, Daniel) (Entered: 09/05/2018)

Joint STATUS REPORT by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Schaefer, Daniel) (Entered: 09/05/2018)

NOTICE OF WITHDRAWAL OF MOTION by SOUTHERN POVERTY LAW CENTER re 32 MOTION for Preliminary Injunction (Bergin, John) (Entered: 09/05/2018)

NOTICE of Change of Address by John Timothy Bergin (Bergin, John) (Entered: 09/05/2018)

NOTICE OF WITHDRAWAL OF APPEARANCE as to SOUTHERN POVERTY LAW CENTER. Attorney Maureen A. Sheehy terminated. (Bergin, John) (Entered: 09/05/2018)

MINUTE ORDER: The Court has received the parties' 42 Settlement Agreement on Plaintiff's Motion for Preliminary Injunction Regarding the LaSalle ICE Processing Center, as well as their 43 Joint Status Report. The Court also observes that Plaintiff withdrew its 32 Motion for a Preliminary Injunction by operation of its 44 Notice of Withdrawal.In their 43 Joint Status Report, the parties disagree as to the appropriate briefing schedule for several potential motions concerning the remainder of this case, which consists of 1) the merits of claims against the LaSalle ICE Processing Center, and 2) the claims against the Irwin and Stewart detention facilities. Notwithstanding Plaintiff's request to lift the stay on Defendant's obligation to answer or otherwise respond to the 1 Complaint, in the interest of judicial economy the Court shall first entertain briefing of and decide Defendant's proposed motions to transfer and to sever. See Min. Order of May 30, 2018 (staying Defendants' obligation to respond). If, upon resolution of those motions, this matter remains pending in this Court, then the Court shall set a briefing schedule for any dispositive motion that Defendants may then request to file.The Court shall adopt the briefing schedule proposed by Defendants. Defendants shall file their motions to transfer and to sever by SEPTEMBER 26, 2018. Plaintiff's responses shall be due by OCTOBER 10, 2018. Defendants' replies, if any, shall be due by OCTOBER 17, 2018.Signed by Judge Colleen Kollar-Kotelly on September 13, 2018. (lcckk1)

Set/Reset Deadlines: Defendants' Motions to sever and transfer due by 9/26/2018. Responses due by 10/10/2018. Replies due by 10/17/2018. (dot)

MOTION to Transfer Case, MOTION to Sever by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Text of Proposed Order)(Schaefer, Daniel) (Entered: 09/26/2018)

ENTERED IN ERROR. . . . .AMENDED COMPLAINT FIRST against MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO filed by SOUTHERN POVERTY LAW CENTER.(Bergin, John) Modified on 10/11/2018 (ztd). (Entered: 10/10/2018)

WITHDRAWN IN PART PURSUANT TO MINUTE ORDER FILED 10/31/2018.....MOTION for Leave to File to Amend Complaint and to Deny Defendants' Motion to Sever and Transfer Venue as Moot by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Memorandum in Support Memo ISO Motion to Amend, # 2 Appendix First Amended Complaint, # 3 Text of Proposed Order Proposed Order)(Bergin, John) Modified on 11/2/2018 (ztd). Modified on (Entered: 10/10/2018)

RESPONSE re 47 MOTION to Transfer Case MOTION to Sever filed by SOUTHERN POVERTY LAW CENTER. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Bergin, John) (Entered: 10/10/2018)

NOTICE OF CORRECTED DOCKET ENTRY: re 48 Amended Complaint, was entered in error and counsel has refiled said pleading at docket entry 49 . (ztd)

MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Transfer Case MOTION to Sever by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/11/2018)

NOTICE of Supplemental Local Civil Rule 7(m) Statement by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO re 51 MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Transfer Case MOTION to Sever (Schaefer, Daniel) (Entered: 10/12/2018)

MINUTE ORDER: The Court has received Defendants' 51 Motion for Extension of Time and Defendants' 52 Notice of Supplemental Local Civil Rule 7(m) Statement. Defendants seek an extension of the deadline for their reply in support of their 47 Motion to Sever and to Transfer Venue. Defendants ask to align that extension with the deadline for their response to Plaintiff's 49 Motion for Leave to File Amended Complaint and to Deny Defendants' Motion to Sever and Transfer Venue as Moot. With Plaintiff's consent, the Court shall GRANT Defendants' 51 Motion for Extension of Time, for good cause shown. By OCTOBER 24, 2018, Defendants shall file both their reply in support of their 47 Motion to Sever and to Transfer Venue, and their response to Plaintiff's 49 Motion for Leave to File Amended Complaint and to Deny Defendants' Motion to Sever and Transfer Venue as Moot. By OCTOBER 31, 2018, Plaintiff shall file its reply, if any, in support of its 49 Motion for Leave to File Amended Complaint and to Deny Defendants' Motion to Sever and Transfer Venue as Moot. Signed by Judge Colleen Kollar-Kotelly on October 12, 2018. (lcckk1)

Set/Reset Deadlines: Defendants' Response to 49 due by 10/24/2018. Defendants' Reply to 47 due by 10/24/2018. Plaintiff's Reply to 49 due by 10/31/2018. (dot)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elissa Johnson, :Firm- Southern Poverty Law Center, :Address- 111 E. Capitol Street Ste. 280, Jackson, MS 39201. Phone No. - 601-948-8882. Filing fee $ 100, receipt number 0090-5752068. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration ISO Motion for PHV, # 2 Text of Proposed Order Proposed Order)(Bergin, John) (Entered: 10/22/2018)

REPLY to opposition to motion re 47 MOTION to Transfer Case MOTION to Sever filed by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO. (Schaefer, Daniel) (Entered: 10/24/2018)

RESPONSE re 49 MOTION for Leave to File to Amend Complaint and to Deny Defendants' Motion to Sever and Transfer Venue as Moot filed by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO. (Schaefer, Daniel) (Entered: 10/24/2018)

MINUTE ORDER: The Court has received Plaintiff's 53 Motion for Admission of Attorney Elissa Johnson Pro Hac Vice. That motion is GRANTED. The Court assumes that with the admission of this attorney, Plaintiff will be adequately represented in this matter. Signed by Judge Colleen Kollar-Kotelly on October 25, 2018. (lcckk1)

Joint MOTION to Amend/Correct 1 Complaint by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Text of Proposed Order Proposed Order)(Bergin, John). Added MOTION to Withdraw, MOTION for Leave to File on 10/29/2018 (ztd). Modified event title on 10/30/2018 (znmw). (Entered: 10/26/2018)

AMENDED COMPLAINT against MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, DAVID JENNINGS, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO filed by SOUTHERN POVERTY LAW CENTER.(ztd) (Entered: 11/02/2018)

MINUTE ORDER: The Court has received the parties' 56 Joint Motion, in which the parties agree to the entry of Plaintiff's [49-2] First Amended Complaint, to the withdrawal of Plaintiff's Motion to Deny Defendants' Motion to Sever and Transfer Venue as Moot, see ECF No. 49, and to Plaintiff's request for the Court's leave to file a sur-reply by October 31, 2018, to Defendants' Reply to Defendants' Motion to Sever and Transfer Venue, see ECF No. 54 . In light of the parties' consent, the Court shall GRANT the 56 Joint Motion.The Clerk of Court shall file the [49-2] First Amended Complaint on the docket as of this date. Plaintiff's Motion to Deny Defendants' Motion to Sever and Transfer Venue as Moot, embedded within Plaintiff's 49 filing, shall be WITHDRAWN. The Court shall permit Plaintiff to file a sur-reply to Defendants' Reply to Defendants' Motion to Sever and Transfer Venue by no later than NOVEMBER 2, 2018. Signed by Judge Colleen Kollar-Kotelly on October 31, 2018. (lcckk1)

Set/Reset Deadlines: Plaintiff's Sur-Reply 47 due by 11/2/2018. (dot)

SURREPLY to re 47 MOTION to Transfer Case MOTION to Sever filed by SOUTHERN POVERTY LAW CENTER. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Bergin, John) (Entered: 11/02/2018)

NOTICE of Change of Address by Melissa Crow. (Bergin, John) Modified attorney name on 3/13/2019 (znmw). (Entered: 03/12/2019)

NOTICE OF WITHDRAWAL OF APPEARANCE as to SOUTHERN POVERTY LAW CENTER. Attorney Natalie Lyons terminated. (Bergin, John) (Entered: 04/04/2019)

ORDER. Defendants' 47 Motion to Sever and Transfer Venue is DENIED. By no later than MAY 24, 2019, the parties shall submit a Joint Status Report proposing a schedule for further proceedings in this matter, including Defendants' answer or other response, and/or such other proceedings as they see fit to occur. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on May 10, 2019. (lcckk1) (Entered: 05/10/2019)

MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on May 10, 2019. (lcckk1) (Entered: 05/10/2019)

Set/Reset Deadlines: Joint Status Report due by 5/24/2019. (dot)

Joint STATUS REPORT by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, DAVID JENNINGS, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 05/24/2019)

MINUTE ORDER: The Court has received the parties' 63 Joint Status Report. With the parties in agreement, the Court adopts the proposed deadline of JUNE 24, 2019, for Defendants' answer to Plaintiff's First Amended Complaint. Upon receipt of that answer, the Court shall schedule an Initial Scheduling Conference. It is premature at this time to issue an order setting the date for such Conference. Signed by Judge Colleen Kollar-Kotelly on May 29, 2019. (lcckk1)

Set/Reset Deadlines: Answer to 57 due by 6/24/2019. (dot)

MOTION for Extension of Time to File Answer re 57 Amended Complaint, by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, DAVID JENNINGS, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/21/2019)

MINUTE ORDER: The Court has received Defendants' 64 Motion for Extension of Time. Due to difficulties obtaining information from some of the entities implicated in Plaintiff's 57 First Amended Complaint, Defendants request an extension of the June 24, 2019, deadline for their answer to that pleading. They acknowledge the tardiness of their motion. See Order Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly, ECF No. 25, ¶ 7(A). Defendants had not received Plaintiff's view by the time they filed this motion. Nevertheless, despite its tardiness, the Court shall GRANT Defendants' 64 Motion for Extension of Time, for good cause shown. Defendants shall file their answer to Plaintiff's 57 First Amended Complaint by no later than JULY 24, 2019. Signed by Judge Colleen Kollar-Kotelly on June 21, 2019. (lcckk1)

Set/Reset Deadlines: Answer to the Amended Complaint due by 6/24/2019. (dot)

ANSWER to 57 Amended Complaint, by MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, THOMAS HOMAN, DAVID JENNINGS, TAE JOHNSON, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO.(Schaefer, Daniel) (Entered: 07/24/2019)

ORDER. An Initial Scheduling Conference is set for AUGUST 28, 2019, at 11:00 AM, in Courtroom 28A. Signed by Judge Colleen Kollar-Kotelly on July 29, 2019. (lcckk1) (Entered: 07/29/2019)

Set/Reset Hearings: Initial Scheduling Conference set for 8/28/2019 at 11:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)

Case Assigned to Judge Ketanji Brown Jackson. (zeg)

MINUTE ORDER granting 3, 4, 6, 7, 10 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Anand Balakrishnan, Lee Gelernt, Trina Realmuto, Kristin Macleod-Ball, and Stephen B. Kang are admitted pro hac vice in this matter as counsel for Plaintiffs. Signed by Judge Ketanji Brown Jackson on 8/8/2019. (lckbj1)

MINUTE ORDER. The Clerk is directed to change the nature of suit code in this matter from 465 to 890, and to remove any public access restrictions to documents that have already been filed. Signed by Judge Ketanji Brown Jackson on 8/8/2019. (lckbj1)

***Attorneys Anand Balakrishnan, Lee Gelernt, Trina Ann Realmuto, Kristin Macleod-Ball, Stephen Bonggyun Kang for LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK and WECOUNT! added. (jch)

Set/Reset Hearings: Telephone Conference set for 8/13/2019 at 4:00 PM in Chambers before Judge Ketanji Brown Jackson. (jch )

MINUTE ORDER granting 15, 17, 18, 19 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Omar C. Jadwat, Susannah Geltman, Joshua Polster, and Jonathan K. Youngwood are admitted pro hac vice in this matter as counsel for Plaintiffs. Signed by Judge Ketanji Brown Jackson on 8/13/2019. (lckbj1)

Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Telephone Conference held in chambers on 8/13/2019. (Court Reporter Nancy Meyer.) (zgdf)

MINUTE ORDER. In light of the representations made in the parties' 20 Joint Statement on Scheduling, it is hereby ORDERED that the following briefing schedule is set regarding Plaintiffs' 13 Motion for a Preliminary Injunction: Plaintiffs shall file a supplemental brief on jurisdiction of no more than 15 pages on or before noon on 8/21/2019; Defendant shall file an omnibus opposition of more than 60 pages on or before noon on 8/28/2019; Plaintiffs shall file a reply of no more than 35 pages on or before noon on 9/3/2019. It is FURTHER ORDERED that a Motion Hearing on Plaintiffs' 13 Motion for a Preliminary Injunction is set for 9/6/2019 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 8/14/2019. (lckbj1)

MINUTE ORDER. It is hereby ORDERED that Defendants' obligation to respond to the complaint shall be suspended during the Court's consideration of the merits of the motion for a preliminary injunction. Defendants must answer or otherwise respond to the Complaint within 14 days after the Court issues its order on the motion for a preliminary injunction. It is FURTHER ORDERED that if any parallel litigation is pending, the parties shall keep the Court fully apprised of the status of such ligation, including notifying the Court within 24 hours whenever a document is filed, a hearing is held or scheduled, or an order is issued in that litigation. Signed by Judge Ketanji Brown Jackson on 8/14/2019. (lckbj1)

MEET AND CONFER STATEMENT. (Schaefer, Daniel) (Entered: 08/21/2019)

NOTICE OF ERROR re 24 Motion for Leave to File; emailed to laura.faer@doj.ca.gov, cc'd 25 associated attorneys -- The PDF file you docketed contained errors: 1. DO NOT REFILE - FYI parties are to be added in all caps and no addresses (zjf, )

MINUTE ORDER granting 24 Motion for Leave to File Amicus Brief. Signed by Judge Ketanji Brown Jackson on 8/22/2019. (lckbj1)

MOTION for Leave to File Second Amended Complaint by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit A - Second Amended Complaint, # 4 Exhibit B - Graybill Declaration)(Bergin, John) (Entered: 08/26/2019)

SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on August 28, 2019. (lcckk1) (Entered: 08/28/2019)

AMENDED COMPLAINT against MATTHEW T. ALBENCE, NATHALIE ASHER, SEAN GALLAGHER, TAE JOHNSON, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, KEVIN MCALEENAN, DEREK N. BENNER, ENRIQUE LUCERO, TREY LUND filed by SOUTHERN POVERTY LAW CENTER.(ztd) (Entered: 08/30/2019)

MINUTE ORDER: The Court has received Plaintiff's 68 Motion for Leave to File Second Amended Complaint. In the parties' joint 67 Meet and Confer Report and at the August 28, 2019, Initial Scheduling Conference, Defendant opposed Plaintiff's request on the basis that it would expand the scope of discovery beyond what was contemplated when this Court denied Defendant's 47 Motion to Sever and Transfer Venue. Overruling that objection and finding that justice so requires, this Court shall GRANT Plaintiff's 68 Motion for Leave to File Second Amended Complaint. The Clerk of Court shall file the [68-3] Second Amended Complaint on the docket as of this date. Signed by Judge Colleen Kollar-Kotelly on August 28, 2019. (lcckk1)

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Initial Scheduling Conference held on 8/28/2019. Joint Protective Order due 9/23/2019. Discovery due by 6/5/2020. Joint Discovery Plan due by 9/6/2019. Initial Disclosure regarding the First Amended complaint due by 10/7/2019. Supplemental Initial Disclosures regarding the Second Amended Complaint due by 10/29/2019. Proponent's Identification and Scope of Experts due 1/16/2020. Proponent's Rule 26(a)(2)(B)&(C) Disclosures due by 3/2/2020; Opponent's Rule 26(a)(2)(B)&(C) Disclosures due by 4/6/2020; with Replies, if any, due by 4/27/2020. Status Conference set for 6/5/2020 at 10:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (Court Reporter Lisa Edwards.) (dot)

NOTICE OF WITHDRAWAL OF APPEARANCE as to SOUTHERN POVERTY LAW CENTER. Attorney Christian F. Henel and Jamila A. Johnson terminated. (Bergin, John) (Entered: 09/04/2019)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Conor S. Gaffney, :Firm- Southern Poverty Law Center, :Address- 201 St. Charles Avenue, Suite 2000, New Orleans, Louisiana 70170. Phone No. - 504-486-8982. Fax No. - 504-486-8947 Filing fee $ 100, receipt number 0090-6355736. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Declaration Declaration of Conor Gaffney ISO Motion for PHV, # 2 Text of Proposed Order Proposed Order)(Bergin, John) (Entered: 09/04/2019)

MINUTE ORDER: The Court has received the 72 Motion for Admission of Attorney Conor S. Gaffney Pro Hac Vice. That Motion is GRANTED, CONTINGENT upon Mr. Gaffney's submission of a declaration by SEPTEMBER 13, 2019, stating that he has reviewed and is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on September 5, 2019. (lcckk1)

Joint STATUS REPORT Joint Discovery Plan by MATTHEW T. ALBENCE, NATHALIE ASHER, DEREK N. BENNER, SEAN GALLAGHER, TAE JOHNSON, ENRIQUE LUCERO, TREY LUND, KEVIN K. MCALEENAN, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Schaefer, Daniel) (Entered: 09/06/2019)

MINUTE ORDER granting 30 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Michael Tan is admitted pro hac vice in this matter as counsel for Plaintiffs. Signed by Judge Ketanji Brown Jackson on 9/6/2019. (lckbj1)

Set/Reset Deadlines: Conor S. Gaffney's declaration due by 9/13/2019. (kt)

MINUTE ORDER. This Court held a Motion Hearing on Plaintiffs' 13 Motion for Preliminary Injunction on 9/6/2019. For the reasons stated on the record at the hearing, it is hereby ORDERED that the parties shall promptly meet and confer, and that, on or before 9/10/2019 by 12:00 PM, the parties shall submit a joint proposal regarding procedures for maintaining the status quo with respect to enforcement of the July 23rd Notice while the Plaintiffs' preliminary injunction is under review. Signed by Judge Ketanji Brown Jackson on 9/6/2019. (lckbj2)

Minute Entry for Motion Hearing held on 9/6/2019 before Judge Ketanji Brown Jackson re 13 MOTION for Preliminary Injunction filed by WECOUNT!, LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK. Court heard arguments from both parties and will take the matter under advisement and issue findings. Parties will confer in order to come up with a proposal to prevent potential harm to the members during the pendency of the Court writing an opinion (Court Reporters Nancy Meyer and Elizabeth Saint-Loth.) (zjch)

AFFIDAVIT re Set/Reset Deadlines, Order on Motion for Leave to Appear Pro Hac Vice, Supplemental Declaration of Conor S. Gaffney In Support of Motion for Admission Pro Hac Vice by SOUTHERN POVERTY LAW CENTER. (Bergin, John) (Entered: 09/09/2019)

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 35 Summons Returned Executed as to DC Attorney General, was entered in error and counsel was instructed to refile said pleading as to the correct filing event (U.S. Attorney for DC) (zjf)

MINUTE ORDER granting 37 Consent Motion to Amend Complaint. Signed by Judge Ketanji Brown Jackson on 9/20/2019. (lckbj1)

Joint MOTION for Protective Order by MATTHEW T. ALBENCE, NATHALIE ASHER, DEREK N. BENNER, SEAN GALLAGHER, THOMAS HOMAN, DAVID JENNINGS, TAE JOHNSON, ENRIQUE LUCERO, TREY LUND, KEVIN K. MCALEENAN, KIRSTJEN M. NIELSEN, DAVID RIVERA, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, RONALD D. VITIELLO (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 09/23/2019)

ORDER granting 75 Motion for Stipulated Protective Order for Litigation Involving Confidential Information. See Order for details. Signed by Judge Colleen Kollar-Kotelly on September 23, 2019. (lcckk1) (Entered: 09/23/2019)

TRANSCRIPT OF INITIAL SCHEDULING CONFERENCE before Judge Colleen Kollar-Kotelly held on August 28, 2019; Page Numbers: 1-44. Date of Issuance: September 25, 2019. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/16/2019. Redacted Transcript Deadline set for 10/26/2019. Release of Transcript Restriction set for 12/24/2019.(Edwards, Lisa) (Entered: 09/25/2019)

NOTICE of Appearance by Sheetul Sheth Wall on behalf of MATTHEW T. ALBENCE, NATHALIE ASHER, DEREK N. BENNER, SEAN GALLAGHER, TAE JOHNSON, ENRIQUE LUCERO, TREY LUND, KEVIN K. MCALEENAN, CLAIRE TRICKLER-MCNULTY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Wall, Sheetul) (Entered: 10/01/2019)

NOTICE of Appearance by Alan Burch on behalf of All Defendants (Burch, Alan) (Entered: 10/04/2019)