Case: Gete v. INS

U.S. Court of Appeals for the Ninth Circuit

No Court

U.S. Court of Appeals for the Ninth Circuit

No Court

No Court

COMPLAINT (class action) (Summons(es) issued) Receipt # 215298 (dktclk) (Entered: 06/14/1994)

AFFIDAVIT OF SERVICE upon defendant INS, defendant Stanley Johnson, defendant USA of summons/complaint on 6/15/94 (dktclk) (Entered: 06/16/1994)

NOTICE OF SPECIAL ATTORNEY APPEARANCE for defendant USA by Christopher Lee Pickrell, David B Hopkins, Carmene Zsa Zsa DePaolo (dktclk) (Entered: 07/15/1994)

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 9/19/94 (cc: all counsel) (dktclk) (Entered: 07/19/1994)

MOTION by plaintiffs to fle overlength brief noted for 8/12/94 (dktclk) (Entered: 07/29/1994)

MOTION by plaintiffs to shorten time on motion to fle overlength brief [5-1] noted for 8/1/94 (dktclk) (Entered: 07/29/1994)

MOTION by plaintiffs for preliminary injunction noted for 8/19/94 (dktclk) (Entered: 07/29/1994)

MEMORANDUM by plaintiffs in support of motion for preliminary injunction [8-1] (dktclk) (Entered: 07/29/1994)

Plaintiffs' First Set of EXHIBITS 1-17 (dktclk) (Entered: 07/29/1994)

AFFIDAVIT OF SERVICE by plaintiffs of motion to fle overlength brief [5-1], etc. (dktclk) (Entered: 07/29/1994)

LODGED ORDER: re: motion for preliminary injunction [8-1] (dktclk) (Entered: 07/29/1994)

MINUTE ORDER: by Judge Carolyn R. Dimmick; plts request for leave to file an overlength brief is GRANTED and the 55 page brief is hereby filed. Defts may file a response in like length. [5-1] [6-1], motion to fle overlength brief [5-1] (cc: counsel, Judge) (dktclk) (Entered: 07/29/1994)

STIPULATION and ORDER Establishing Briefing Schedule, etc. by Judge Carolyn R. Dimmick; renoting plts motion for preliminary injunction for 9/16/94 [8-1] (cc: counsel, Judge) (dktclk) (Entered: 08/02/1994)

MEMORANDUM by plaintiffs in support of motion for class certification [13-1] (dktclk) (Entered: 08/08/1994)

NOTICE by plaintiffs of filing exhibit #16 (dktclk) (Entered: 08/09/1994)

LODGED ORDER: re: motion for class certification [13-1] (dktclk) (Entered: 08/09/1994)

ANSWER to complaint [1-1] by defendant INS, defendant Stanley Johnson, defendant USA (dktclk) (Entered: 08/16/1994)

AMENDED ANSWER [16-1] by defendants (dktclk) (Entered: 08/23/1994)

MEMORANDUM IN OPPOSITON (RESPONSE) by defendant INS to motion for class certification [13-1] (dktclk) (Entered: 08/23/1994)

CROSS MOTION by defendant INS to dismiss or for sum jgmt; ORAL ARGUMENT REQ'D noted for 9/16/94 (dktclk) (Entered: 08/23/1994)

MEMORANDUM IN OPPOSITION (RESPONSE) by defendant INS to motion for preliminary injunction [8-1] AND IN SUPPORT OF motion to dismiss or for sum jgmt [19-1] (dktclk) (Entered: 08/23/1994)

EXHIBITS PART 1 re: motion to dismiss or for sum jgmt [19-1] (dktclk) (Entered: 08/23/1994)

EXHIBITS PART 2 re: motion to dismiss or for sum jgmt [19-1] (dktclk) (Entered: 08/23/1994)

AFFIDAVIT OF SERVICE by defendant INS of amended answer [17-1], etc. (dktclk) (Entered: 08/23/1994)

REPLY (RESPONSE) by plaintiffs to motion to dismiss or for sum jgmt [19-1] (dktclk) (Entered: 09/13/1994)

EXHIBITS Numbers 18-22 re: motion response [24-1] (dktclk) (Entered: 09/13/1994)

PRAECIPE: by plaintiffs to attach enclosed declaration to be exhibit 10 (pages 148-152 of plts exhibits filed 7/28/94 [10-1]; attached per praecipe. (dktclk) (Entered: 09/15/1994)

REPLY by plaintiff TO Defts MEMORANDUM OPPOSING motion for preliminary injunction [8-1] (dktclk) (Entered: 09/16/1994)

EXHIBITS 23- 25 re: motion reply [27-1] (dktclk) (Entered: 09/16/1994)

REPLY BRIEF by defendant INS re: cross-motion to dismiss or for summary judgment [19-1] (dktclk) (Entered: 09/16/1994)

PLAINTIFFS REPLY by plaintiffs to Defts memorandum opposing class certification [13-1] (dktclk) (Entered: 09/19/1994)

LETTER by plaintiffs to confirm extending filing of joint status report to 10/24/94. (dktclk) (Entered: 09/20/1994)

LETTER by plaintiffs to confirm extending filing of joint status report to 11/28/94 (dktclk) (Entered: 10/25/1994)

ENT- Oral arg. pltf's mot. for prel. Inj. & on defts' mot. to dismiss or for s.j. set for Tues. 11-8-94 at 2 pm. Cnsl. advised. (EM) (Entered: 10/26/1994)

MINUTES - Oral Argument on Pltfs' Mtn for Prel Inj/ Dfts' Mtn to Dismiss: CRD; Dep Clerk: E McGregor; CR: Teri Hendrix; attys Pauw, Free, Gibbs, Pickrell, Paola. Court hears argument. Takes matters under submission. Order will be issued. (dktclk) (Entered: 11/09/1994)

ORDER by Judge Carolyn R. Dimmick DENYING motion for class certification and preliminary injunction [13-1] (cc: counsel, Judge) (dktclk) (Entered: 11/18/1994)

Letter of confirmation re EXTENSION by plaintiffs for filing of joint status report to 2/20/95 (dktclk) (Entered: 11/29/1994)

STIPULATION re extension of time & proposed order (dktclk) (Entered: 12/06/1994)

LODGED ORDER: re: stipulation [37-1] (dktclk) (Entered: 12/06/1994)

ORDER by Judge Walter T. McGovern that parties shall file additional briefs and affidavits as descirbed in the Court's 11/18/94 order, on or before 1/17/95. (cc: counsel, Judge) (dktclk) (Entered: 12/07/1994)

INS's DECLARATIONS by defendant INS (dktclk) (Entered: 01/17/1995)

SUPPLEMENTAL Memorandum re procedural due process by defendant INS (dktclk) (Entered: 01/17/1995)

AFFIDAVIT OF SERVICE by defendant INS of declaration [39-1], etc. (dktclk) (Entered: 01/17/1995)

MEMORANDUM re minimal due process in forfeiture proceedings by plaintiffs (dktclk) (Entered: 01/18/1995)

EXTENSION CONFIRMATION by plaintiff ; joint status report ddl extended to 4/17/95 (RS) (Entered: 02/23/1995)

ORDER GRANTING Defts motion re procedural due process & dismissing action by Judge Carolyn R. Dimmick (cc: counsel, Judge) (dktclk) (Entered: 03/21/1995)

JUDGMENT: Decision by Court. It is ordered and adjuged that defts motin is GRANTED & plas' cause of action is dismissed for lack of subject matter jurisdiction (cc: counsel, Judge, Jgm. Book) Entered on: 3/21/95 (dktclk) (Entered: 03/21/1995)

APPEAL FEE RECEIVED: fee in amount of $ 105 ( Receipt # 223091) (dktclk) (Entered: 04/27/1995)

TIME SCHEDULE ORDER (CCA) Appellant shall notify appellee of transcripts to be ordered by 5/1/95; appellee shall notify appellant of any additional transcripts needed by 5/10/95; appellant shall file transcript order form w/ the DC and make payment arrangements by 5/22/95; CR shall file transcript in DC by 6/20/95; Opening brf due 8/7/95; appellee brf due 9/5/95; optional reply brf due w/in 14 days of service of the appellee's brf. (dktclk) (Entered: 05/15/1995)

NOTIFICATION by Circuit Court of Appellate Docket Number 95-35408 (dktclk) (Entered: 05/15/1995)

TRANSCRIPT DESIGNATION and Ordering Form for dates: 11/8/94 (dktclk) (Entered: 05/24/1995)

TRANSCRIPT FILED, Transcript of Proceedings on 11/8/94 before CRD; CR: Hendrix (dktclk) (Entered: 06/08/1995)

CERTIFICATE OF RECORD Transmitted to USCA (cc: all counsel) (dktclk) (Entered: 06/08/1995)

ORDER (CCA) 95-35408 Appellant's motion for an extention of time to file the opening brief is granted. On or before August 28, 1995, appellants shall submit either an original and 15 copies of a brief of 35 pages or less or (2) a single draft lf any brief exceeding the page limits of Ninth Circuit Rule 28-3.1. If the draft is submitted, the remainder of briefing will be re-set upon review of the draft and the motion for relief from Rule 28.3-1. If a brief of 35 pages or less is filed, the answering brief shall be due September 27, 1995 and the optional reply brief shall be due 14 days from service of the answering brief. (dktclk) (Entered: 08/01/1995)

ORDER (CCA) 95-35408 Appellant's motion for leave to file an opening brief exceeding the page limits of 9th Cir. R. 28-3.1 is granted inpart. On or before November 7, 1995, appellant shall submit an opening brief not to exceed 40 pages. Upon reciept of the 40-page opening brief, the brief received August 30, 1995 shall be discarded. Appellees' brief is due December 7, 1995. The optional reply brief is due 14 days from service of the answering brief. (dktclk) (Entered: 11/01/1995)

CLERK'S RECORD ON APPEAL transmitted to Circuit (dktclk) (Entered: 05/29/1996)

MANDATE (95-35408) from Circuit Court of Appeals REVERSING AND REMANDING THE DECISION of the District Court [Appeal [46-1] (cc: CRD, all counsel) Opinion attached. (dktclk) Modified on 11/12/1997 (Entered: 11/10/1997)

RECORD ON APPEAL returned from U.S. Court of Appeals (4 volumes total) (dktclk) (Entered: 11/20/1997)

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 5/18/98 (cc: counsel, Judge) (KERR) (Entered: 03/03/1998)

SUBSTITUTION OF COUNSEL on behalf of USA, Stanley Johnson, INS substituting Stephen W Funk, Dana C Laverty and terminating attorney David B Hopkins and Carmene Zsa Zsa DePaolo (KERR) (Entered: 03/25/1998)

EXTENSION by defendant ; joint status report ddl extended to 6/1/98 (KERR) (Entered: 05/18/1998)

MINUTE ORDER: by Judge Carolyn R. Dimmick Case reassigned to Judge Thomas S. Zilly . The cause number is changed to read C94-881Z (cc: counsel, CRD, TSZ, CC, Intake) (KERR) (Entered: 05/28/1998)

PROPOSED STIPULATION & ORDER EXTENDING DUE DATE FOR JSR (dktclk) (Entered: 06/02/1998)

STIPULATION and ORDER by Judge Thomas S. Zilly. Joint status report ddl extended to 7/1/98 (cc: counsel, Judge, C.C.) (dktclk) (Entered: 06/02/1998)

JOINT STATUS REPORT filed by all parties. (dktclk) (Entered: 07/02/1998)

MINUTE ORDER: by Judge Thomas S. Zilly. Status hrg set for 11:00 9/2/98 (cc: counsel, Judge) (dktclk) (Entered: 08/24/1998)

PROPOSED STIPULATION & ORDER RE-SETTING STATUS CONFERENCE (dktclk) (Entered: 08/28/1998)

STIPULATION and ORDER by Judge Thomas S. Zilly. Status hrg continued to 3:00 10/16/98 (cc: counsel, Judge, C.C.) (dktclk) (Entered: 08/31/1998)

MINUTES OF STATUS CONF: TSZ; Dep Clerk: C Condon; cnsl present: Dana Laverty, Chris Pickrell, Bill Briquet and Robert Pauw ; the mtn for class certification due 11/19/98; discovery ddl 7/30/99 ; dispositive mtn ddl 7/30/99; trial set for 10/12/99 (RS) (Entered: 10/20/1998)

ORDER RE: SCHEDULING & OTHER PRETRIAL MATTERS by Judge Thomas S. Zilly. Discovery ddl set for 6/30/99; Mtn filing ddl set for 7/30/99; Pretrial order ddl set for 9/22/99; Pretrial conf set for 3:00 9/24/99 ; Trial brief ddl set for 10/7/99; Trial set for 10/12/99 Motions in Limine deadline set for 9/10/99; Deadline to Join Additional Parties set for 12/21/98. Disclose Expert Witnesses deadline set for 4/30/99; Disclose Rebuttal Expert Witnesses deadline set for 5/28/99. (cc: counsel, Judge) (dktclk) (Entered: 11/05/1998)

ORDER by Judge Thomas S. Zilly. 39.1 designation set for 6/30/99 (cc: counsel, Judge) (dktclk) (Entered: 11/05/1998)

MEMORANDUM by plaintiff John Lackner, plaintiff Ravinder Maan et al in support of motion to certify class action [64-1] (dktclk) (Entered: 11/20/1998)

MOTION by plaintiff John Lackner, plaintiff Ravinder Maan et al for preliminary injunction NOTED FOR 12/11/98 (dktclk) (Entered: 11/20/1998)

MEMORANDUM by plaintiff John Lackner, plaintiff Ravinder Maan et al in support of motion for preliminary injunction [66-1] (dktclk) (Entered: 11/20/1998)

SUPPLEMENTAL EXHIBITS No 26-28 re: motion for preliminary injunction [66-1] (dktclk) (Entered: 11/20/1998)

AFFIDAVIT OF SERVICE by plaintiff John Lackner, plaintiff Ravinder Maan of motion for preliminary injunction [66-1] etc (dktclk) (Entered: 11/20/1998)

LODGED ORDER: re: motion for preliminary injunction [66-1] (dktclk) (Entered: 11/20/1998)

RESPONSE(Opposition) by defendant INS to motion to certify class action [64-1] (dktclk) (Entered: 12/11/1998)

RESPONSE(Opposition) by defendant INS to motion for preliminary injunction [66-1] (dktclk) (Entered: 12/11/1998)

AFFIDAVIT OF SERVICE by defendant INS of motion response re: mtn for preliminary injunction [70-1] etc (dktclk) (Entered: 12/11/1998)

PROPOSED STIPULATION & ORDER TO RENOTE MTNS & TO ALLOW OVERLENGTH BRIEFS (dktclk) (Entered: 12/10/1998)

STIPULATION and ORDER by Judge Thomas S. Zilly. The following mtns shall be renoted to 12/25/98: motion for preliminary injunction [66-1] AND motion to certify class action [64-1] (cc: counsel, Judge) (dktclk) (Entered: 12/14/1998)

REPLY by plaintiff John Lackner, plaintiff Ravinder Maan to INS opposition to motion for preliminary injunction [66-1]. Exhibits attached. (dktclk) (Entered: 12/28/1998)

REPLY by plaintiff John Lackner, plaintiff Ravinder Maan re: motion to certify class action [64-1] (dktclk) (Entered: 12/28/1998)

MINUTE ORDER: by Judge Thomas S. Zilly. Ct schedules ORAL ARGUMENT for 3/25/99 at 10:30 a.m. The Clerk is directed to RENOTE THE FOLLOWING MTNS TO 3/25/99: motion for preliminary injunction [66-1] AND motion to certify class action [64-1]. (cc: counsel, Judge) (dktclk) (Entered: 02/24/1999)

RESPONSE (SUPPLEMENTAL) by defendants to (pending motions:) motion for preliminary injunction [66-1], motion to certify class action [64-1] (CL) Modified on 03/17/1999 (Entered: 03/17/1999)

PRAECIPE: by defendants asking the Court to attach enclosed transcripts and exhibits to motion response [77-1] (CL) (Entered: 03/18/1999)

LODGED ORDER: stip and order extending due date for JSR (RS) (Entered: 05/21/1999)

STIPULATION and ORDER by Judge Thomas S. Zilly. The following (2) pending motions are RENOTED FOR 7/1/99: motion for preliminary injunction [66-1] and motion to certify class action [64-1] . Joint status report ddl is rescheduled for 7/1/99 (cc: counsel, Judge, CC) (CL) (Entered: 05/24/1999)

JOINT STATUS REPORT filed by all parties. (CL) (Entered: 07/06/1999)

AMENDED ORDER RE: SCHEDULING AND OTHER PRETRIAL MATTERS by Judge Thomas S. Zilly: discovery ddl is set for 11/17/99 ; mtn filing ddl set for 11/18/99 ; pretrial order ddl set for 1/25/00 ; pretrial conf set for 1/28/00 at 3:00 pm ; trial brief ddl set for 2/9/00 ; trial set for 2/14/00 , Motions in Limine deadline 1/13/00 ; Deadline to Join Additional Parties is <date not set> ; Disclose Expert Witnesses by 9/17/99 ; Disclose Rebuttal Expert Witnesses by 10/17/99 ; (cc: counsel, Judge) (CL) Modified on 07/21/1999 (Entered: 07/21/1999)

ORDER by Judge Thomas S. Zilly 39.1 deadline is set for 1/17/00 (cc: counsel, Judge) (CL) (Entered: 07/21/1999)

ORDER by Judge Thomas S. Zilly. The Court orders as follows: GRANTS AND DENIES IN PART pltfs' motion to certify class action [64-1]; all persons from 6/10/99 until the date the INS certifies its compliance with this order, (1) who own vehicles that were seized within the INS's Western Region for a violation of the immigration laws, 8 U.S.C. $ 1324(a)-(b); (2) whose vehicles were subjected to administrative forfeiture proceedings by the INS; and (3) who requested a personal interview, and filed a petition for mitigation or remission of forfeiture that was not granted in full. GRANTS AND DENIES IN PART pltfs' motion for preliminary injunction [66-1]; within 30 days from the date of this order the INS shall comply with the following procedures when it seizes vehicles within its Western Region Pursuant to 8 U.S.C. $1324(a)-(b). The INS shall certify to the Court its compliance with these procedures within 60 days of this Order. For a detailed order please refer to document (cc: counsel, Judge) (CL) (Entered: 07/22/1999)

NOTICE OF POSTING BOND by plaintiffs (Cost Bond) posted with USDC on 7/21/99 (CL) (Entered: 07/27/1999)

LODGED STIPULATION AND ORDER RE DISCLOSURE OF EXPERT WITNESSES (CL) (Entered: 09/17/1999)

STIPULATION and ORDER RE DISCLOSURE OF EXPERT WITNESSES by Judge Thomas S. Zilly : Disclose Expert Witnesses by 11/8/99 ; Disclose Rebuttal Expert Witnesses by 12/8/99 ; (cc: counsel, Judge) (dktclk) (Entered: 09/20/1999)

NO APPEAL FEE RECEIVED: Government appeal; fee waived. (dktclk) (Entered: 09/21/1999)

ENT-Civil Appeals Docketing Statement forwarded to Mediator's Office in Seattle. (dktclk) (Entered: 09/21/1999)

CERTIFICATION OF COMPLIANCE WITH PRELIMINARY INJUNCTION re: order [84-1] (CL) (Entered: 09/21/1999)

APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (dktclk) (Entered: 09/21/1999)