Case: Gorbach v. Reno

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT-CLASS ACTION Receipt no. 248089 Summonses issued (RS) (Entered: 03/11/1998)

ATTORNEY APPEARANCE for defendant by Christopher Lee Pickrell and Michelle Slack (atty Slack not yet admitted-forms will be sent) (RS) (Entered: 03/11/1998)

AFFIDAVIT OF SERVICE by plaintiffs of pro hac vice applications (dktclk) (Entered: 03/13/1998)

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty Johnathan S. Franklin on behalf of plaintiffs (receipt #248200) (dktclk) (Entered: 03/13/1998)

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty William A. Bradford Jr on behalf of plaintiffs (receipt #248198) (dktclk) (Entered: 03/13/1998)

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty Jonathan L. Abram on behalf of plaintiffs (receipt #248197) (dktclk) (Entered: 03/13/1998)

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty Cori F. Flam on behalf of plaintiffs (receipt #248199) (dktclk) (Entered: 03/13/1998)

MEMORANDUM by plaintiffs in support of motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of David J. Burman in support of plaintiffs' motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Jonathan Franklin in support of plaintiffs' motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Robert H. Gibbs re motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Linton Joaquin in support of plaintiffs' motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Daniel levy in support of plaintiffs' motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

MOTION by plaintiffs for preliminary injunction (OA REQUESTED) NOTED FOR 4/10/98 (dktclk) (Entered: 03/16/1998)

DECLARATION of David J. Burman re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Robert H. Gibbs re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Anthony J. Parker re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Robert Wells in support of motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Irina Gorbach re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Jose Luis Rosas-Madrid re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Eliseo Verduzco-Galvan re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Agueda Escalante re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Ruben Lara re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Mac Maurice Chukwud Ijeaku re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Loreto Moncada Juan re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Pdero Legarda-Legarda re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

DECLARATION of Adolpho Erazo re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

MOTION by plaintiffs for leave to file overlength [memo in support of mtn for preliminary inj] NOTED FOR 4/3/98 (dktclk) (Entered: 03/16/1998)

MEMORANDUM by plaintiffs in support of motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] (dktclk) (Entered: 03/16/1998)

MEMORANDUM by plaintiffs in support of motion to shorten time on motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] [32-1] (dktclk) (Entered: 03/16/1998)

MOTION by plaintiffs to shorten time on motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] (dktclk) (Entered: 03/16/1998)

AFFIDAVIT OF SERVICE by plaintiff of motion to shorten time on motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] [32-1], of motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1], of motion for preliminary injunction (OA REQUESTED) [15-1], of motion to certify class action (OA REQUESTED) [8-1] (dktclk) (Entered: 03/16/1998)

LODGED ORDER: re: motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

PROPOSED Memorandum in Support of Motion re: motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

LODGED ORDER: re: motion to shorten time on motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] [32-1] (dktclk) (Entered: 03/16/1998)

LODGED ORDER: re: motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] (dktclk) (Entered: 03/16/1998)

LODGED ORDER: re: motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

ORDER by Deputy Clerk granting pro hac vice application allowing Jonathan L. Abram to appear on behalf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 03/13/1998)

ORDER by Deputy Clerk granting pro hac vice application allowing William A. Bradford Jr to appear on behalf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 03/13/1998)

ORDER by Deputy Clerk granting pro hac vice application allowing Jonathan S. Franklin to appear on beahlf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 03/13/1998)

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 4/12/98 (cc: counsel, Judge) (dktclk) (Entered: 03/16/1998)

AFFIDAVIT OF SERVICE by plaintiffs of pro hac vice applications and lodged orders re: attys Andrae and Joaquin (dktclk) (Entered: 03/16/1998)

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty Vibiana Andrade on behalf of plaintiffs (receipt # 248287) (dktclk) (Entered: 03/16/1998)

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty Linton Joaquin on behalf of plaintiffs (receipt #248287) (dktclk) (Entered: 03/16/1998)

ORDER by Deputy Clerk granting pro hac vice application allowing Vibiana Andrade to appear on behalf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 03/16/1998)

ORDER by Deputy Clerk granting pro hac vice application allowing Linton Joaquin to appear on behalf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 03/16/1998)

PRAECIPE by plaintiffs encloses [corrected] memorandum in support of motion for preliminary injunction (Deputy Clerk marked this memorandum as lodged and placed it on left side of case file.) (dktclk) (Entered: 03/18/1998)

AFFIDAVIT OF SERVICE re: (revised) memorandum in support of motion for preliminary injunction (dktclk) (Entered: 03/20/1998)

RESPONSE by defendant INS to plaintiff's motions to shorten time and motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] (dktclk) (Entered: 03/19/1998)

MINUTE ENTRY by the Court GRANTING plaintiff's motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1], but limiting the opening and responsive briefs to 30 pages each, and plaintiffs' reply brief to 15 pages. (cc: counsel, Judge) (dktclk) (Entered: 03/20/1998)

RETURN OF SERVICE of summons and complaint executed upon defendant Janet Reno, defendant Doris M Meissner, defendant INS on 3/5/98 (dktclk) (Entered: 03/26/1998)

LETTER to Court from Aaron H. Caplan regarding agreement of counsel to renote motion to 4/17/98 re: motion for preliminary injunction [15-1] (dktclk) (Entered: 03/27/1998)

MEMORANDUM by plaintiffs in support of motion for preliminary injunction [15-1] (dktclk) (Entered: 03/27/1998)

AFFIDAVIT OF SERVICE of pro hac vice application and lodged order [0-0] (dktclk) (Entered: 04/08/1998)

APPLICATION FOR LEAVE TO APPEAR PRO HAC VICE AND LODGED ORDER by atty Daniel Levy (Receipt # 248620) (dktclk) (Entered: 04/08/1998)

RESPONSE by defendants to motion to certify class action (OA REQUESTED) [8-1] (Exhibits A-B Attached) (KERR) (Entered: 04/06/1998)

ORDER by Deputy Clerk granting pro hac vice application allowing Daniel Levy to appear on behalf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 04/08/1998)

REPLY by plaintiffs TO RESPONSE to motion to certify class action [8-1] (RS) (Entered: 04/10/1998)

AFFIDAVIT OF SERVICE by plaintiff of motion reply [49-1] (RS) (Entered: 04/10/1998)

RESPONSE (MEMORANDUM IN OPPOSITION) by defendants to plaintiffs' motion for preliminary injunction (OA REQUESTED) [15-1] (dktclk) (Entered: 04/14/1998)

DECLARATION of Paul W. Virtue re: motion response [51-1] (dktclk) (Entered: 04/14/1998)

ORDER OF REFERENCE by Judge Barbara J. Rothstein REFERRING to Magistrate Judge Philip K. Sweigert the motion to certify class action (OA REQUESTED) [8-1] (cc: BJR, PKS, counsel) (dktclk) (Entered: 04/15/1998)

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 5-7 (dktclk) (Entered: 04/14/1998)

AFFIDAVIT OF SERVICE by plaintiffs of joint status report [53-1] (dktclk) (Entered: 04/14/1998)

REPLY by plaintiffs in support of the motion for preliminary injunction [15-1] (dktclk) (Entered: 04/17/1998)

AFFIDAVIT OF SERVICE by plaintiffs of motion reply [56-1] (dktclk) (Entered: 04/17/1998)

MOTION by defendants to dismiss for lack of subject matter jurisdiction; OA REQ'D NOTED FOR 5/15/98 (KERR) (Entered: 04/24/1998)

MEMORANDUM of points and authorities by defendants in support of motion to dismiss for lack of subject matter jurisdiction; OA REQ'D [58-1] (Exhibits A-C Attached) (KERR) (Entered: 04/24/1998)

LODGED ORDER: re: motion to dismiss for lack of subject matter jurisdiction; OA REQ'D [58-1] (KERR) (Entered: 04/24/1998)

ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Barbara J. Rothstein (cc: counsel, Judge) (dktclk) (Entered: 04/27/1998)

ORDER by Judge Barbara J. Rothstein REFERRING to Magistrate Judge David E. Wilson the motion to certify class action (OA REQUESTED) [8-1] (cc: BJR, DEW, counsel) (dktclk) (Entered: 04/28/1998)

MOTION by plaintiffs to vacate or correct referral to Mag Judge NOTED FOR 5/22/98 (RS) (Entered: 05/08/1998)

MEMORANDUM by plaintiffs in support of motion to vacate or correct referral to Mag Judge [63-1] (RS) (Entered: 05/08/1998)

LODGED ORDERS: re: motion to vacate or correct referral to Mag Judge [63-1] (RS) (Entered: 05/08/1998)

RESPONSE by plaintiffs to motion to dismiss for lack of subject matter jurisdiction; OA REQ'D [58-1] (KERR) (Entered: 05/12/1998)

REPLY by defendants TO RESPONSE to motion to dismiss for lack of subject matter jurisdiction; OA REQ'D [58-1] (KERR) (Entered: 05/15/1998)

MEMORANDUM IN RESPONSE by defendants to motion to vacate or correct referral to Mag Judge [63-1] (KERR) (Entered: 05/18/1998)

MINUTE ORDER: by Judge Barbara J. Rothstein RENOTED FOR 5/15/98 pltfs' motion for preliminary injunction [15-1], RENOTED FOR 5/22/98 pltfs' motion to certify class action [8-1] (cc: counsel, Judge) (KERR) (Entered: 05/20/1998)

REPLY by plaintiffs in support of the motion to vacate or correct referral to Mag Judge [63-1] (dktclk) (Entered: 05/26/1998)

AFFIDAVIT OF SERVICE by plaintiffs of motion reply [69-1] (dktclk) (Entered: 05/26/1998)

MINUTE ENTRY by the Court DENYING plaintiffs' motion to vacate or correct referral to Mag Judge [63-1]; Court CLARIFIES that motion has been referred for a Report and Recommendation, and not a decision by Magistrate Judge Wilson. (cc: BJR, DEW, cnsl) (dktclk) (Entered: 05/28/1998)

NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION, and, IN OPPOSITION TO DFTS' MOTION TO DISMISS (dktclk) (Entered: 06/03/1998)

RESPONSE (NOTICE OF SUPPLEMENTAL AUTHORITY) by plaintiffs to dfts' motion to dismiss for lack of subject matter jurisdiction [58-1] (dktclk) (Entered: 06/03/1998) lack of subject matter jurisdiction [58-1] and GRANTING pltfs' motion for preliminary injunction [15-1]. The dfts are hereby enjoined from initiating or continuing administrative denaturalization proceedings under 8 C.F.R. S 340.1 pending final resolution of the merits of this case (cc: counsel, Judge) (KERR) (Entered: 07/10/1998)

MINUTE ORDER: by Magistrate Judge David E. Wilson RENOTED FOR 7/17/98 pltfs' motion to certify class action (OA REQUESTED) [8-1] (cc: counsel, Judge) (dktclk) (Entered: 07/13/1998)

MOTION by defendants for stay of 7/9/98 order pending appeal NOTED FOR 7/31/98 (KERR) Modified on 07/15/1998 (Entered: 07/15/1998)

MEMORANDUM by defendants in support of motion for stay of 7/9/98 order pending appeal [75-1] (KERR) (Entered: 07/15/1998)

DECLARATION of Paul W Virtue by defendants in support of motion for stay of 7/9/98 order pending appeal [75-1] (KERR) (Entered: 07/15/1998)

MOTION by defendant to shorten time on motion for stay of 7/9/98 order pending appeal [75-1] NOTED FOR 7/17/98 (KERR) (Entered: 07/15/1998)

LODGED ORDER: re: motion for stay of 7/9/98 order pending appeal [75-1] (KERR) (Entered: 07/15/1998)

LODGED ORDER: re: motion to shorten time on motion for stay of 7/9/98 order pending appeal [75-1] [78-1] (KERR) (Entered: 07/15/1998)

RESPONSE by plaintiffs re: motion to shorten time on motion for stay of 7/9/98 order pending appeal [75-1] [78-1] (KERR) (Entered: 07/17/1998)

REPORT AND RECOMMENDATION regarding pltfs' motion to certify class action is GRANTED [8-1] and this case is certified as a class action by Magistrate Judge David E. Wilson NOTED FOR 8/7/98 (cc: counsel, BJR, DEW) (KERR) (Entered: 07/20/1998)

LODGED ORDER: re: REPORT AND RECOMMENDATION regarding pltfs' motion to certify class action is GRANTED [8-1] and this case is certified as a class action [80-1] (KERR) (Entered: 07/20/1998)

CORRECTED MOTION by defendants to motion for stay of 7/9/98 order pending appeal [75-1] (KERR) (Entered: 07/20/1998)

MINUTE ENTRY RE: TELEPHONSE CONFERENCE: by Judge Barbara J. Rothstein GRANTING dfts' motion to shorten time on motion for stay of 7/9/98 order pending appeal [75-1] [78-1]. The motion for stay [75-1] will be considered on 7/24/98. Pltfs' response to mtn to stay is due at start of business on 7/24/98 and dfts' reply is due at the close of business on the same day. The court also accelerates the briefing schedule for consideration of the REPORT AND RECOMMENDATION regarding pltfs' motion to certify class action [8-1] [80-1]. Dfts' objections are due 7/24/98; pltfs' response by 7/30/98 and dfts' reply by 8/6/98. The R&R is noted for 8/7/98. The parties agree to suspend disc until 7/28/98 and to extend the time for filing dfts' answer to the complaint to 8/14/98 (cc: counsel, Judge) (KERR) (Entered: 07/23/1998)

RESPONSE by plaintiff re: motion for stay of 7/9/98 order pending appeal [75-1] (KERR) (Entered: 07/27/1998)

AFFIDAVIT OF SERVICE by plaintiffs of motion response [83-1] (KERR) (Entered: 07/27/1998)

Objections to Report and Recommendation re: pltfs' mtn to certify class action is GRANTED and this case is certified as a class action by defendant NOTED FOR 8/7/98 (KERR) (Entered: 07/27/1998)

DECLARATION of Paul Virtue by defendant in support of Objections to Report and Recommendation re: pltfs' mtn to certify class action is GRANTED and this case is certified as a class action [85-1] (KERR) (Entered: 07/27/1998)

REPLY by defendants in support of motion for a stay [75-1] (KERR) (Entered: 07/27/1998)