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Case TitleTransgender Law Center et al v. United States Immigration and Customs Enforcement et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv03032
Date Filed2019-05-31
Date Closed2020-11-24
JudgeMagistrate Judge Sallie Kim
PlaintiffTransgender Law Center
P.O. Box 70976
Oakland, CA 94612
510-587-9696
PlaintiffJolene K. Youngers as personal administrator for the wrongful death estate of Roxsana Hernandez
DefendantUnited States Immigration and Customs Enforcement
DefendantUnited States Department of Homeland Security
DefendantOffice for Civil Rights and Civil Liberties - United States Department of Homeland Security
AppealNinth Circuit 20-17416
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-311COMPLAINT for Declaratory & Injnctive Releif against All Defendants, (Filing Fee: $400.00, receipt number 0971-13398571). Filed by Transgender Law Center & Jolene K. Youngers. (Attachments: # 1 Exhibit Exhibits A-E, # 2 Civil Cover Sheet Civil Cover Sheet)(Meerkamper, Shawn) (Filed on 5/31/2019) Modified on 6/3/2019 (tnS, COURT STAFF). (Entered: 05/31/2019)
2019-05-312Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/14/2019. (ajsS, COURT STAFF) (Filed on 5/31/2019) (Entered: 05/31/2019)
2019-05-31Electronic filing error . Incorrect Revision of Civil Cover Sheet used [err201]. Current Revision is JS-CAND 44 (Rev. 06/17) Please e-file an Amended Civil Cover Sheet only. Event is located at: Other Filings > Other Documents > Civil Cover Sheet (ajsS, COURT STAFF) (Filed on 5/31/2019) (Entered: 05/31/2019)
2019-05-313Proposed Summons. (Meerkamper, Shawn) (Filed on 5/31/2019) (Entered: 05/31/2019)
2019-05-314Amended Civil Cover Sheet filed by Transgender Law Center & Jolene K. Youngers (Meerkamper, Shawn) (Filed on 5/31/2019) (Entered: 05/31/2019)
2019-06-035Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 9/2/2019. Initial Case Management Conference set for 9/9/2019 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 6/3/2019) (Entered: 06/03/2019)
2019-06-036Summons Issued as to Defendants Office for Civil Rights and Civil Liberties - United States Department of Homeland Security, and United States Immigration and Customs Enforcement. (tnS, COURT STAFF) (Filed on 6/3/2019) (Entered: 06/03/2019)
2019-06-147AFFIDAVIT of Service for NOTICE OF SUMMONS, COMPLAINT AND EXHIBITS, ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES, NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL, BROCHURE ENTITLED CONSENTING TO A MAGISTRATE JUDGES JURISDICTION IN THE NORTHERN DISTRICT OF CALIFORNIA," and all other documents specified in Civil Local Rule 4-2. served on ICE & DHS on 6/14/19, filed by Transgender Law Center, Jolene K. Youngers. (Meerkamper, Shawn) (Filed on 6/14/2019) (Entered: 06/14/2019)
2019-06-148CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Transgender Law Center, Jolene K. Youngers.. (Meerkamper, Shawn) (Filed on 6/14/2019) (Entered: 06/14/2019)
2019-06-209NOTICE of Appearance by Gioconda R. Molinari (Molinari, Gioconda) (Filed on 6/20/2019) (Entered: 06/20/2019)
2019-06-2010CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Office for Civil Rights and Civil Liberties - United States Department of Homeland Security, United States Department of Homeland Security, United States Immigration and Customs Enforcement.. (Molinari, Gioconda) (Filed on 6/20/2019) (Entered: 06/20/2019)
2019-07-1711ANSWER to Plaintiffs' Complaint filed by Office for Civil Rights and Civil Liberties - United States Department of Homeland Security, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Molinari, Gioconda) (Filed on 7/17/2019) (Entered: 07/17/2019)
2019-08-1912ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Meerkamper, Shawn) (Filed on 8/19/2019) (Entered: 08/19/2019)
2019-08-2113ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Molinari, Gioconda) (Filed on 8/21/2019) (Entered: 08/21/2019)
2019-09-0314Certificate of Interested Entities by Transgender Law Center, Jolene K. Youngers (Meerkamper, Shawn) (Filed on 9/3/2019) (Entered: 09/03/2019)
2019-09-0315JOINT CASE MANAGEMENT STATEMENT filed by Office for Civil Rights and Civil Liberties - United States Department of Homeland Security, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Molinari, Gioconda) (Filed on 9/3/2019) (Entered: 09/03/2019)
2019-09-0616MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-13681913) filed by Transgender Law Center, Jolene K. Youngers. (Free, Robert) (Filed on 9/6/2019) (Entered: 09/06/2019)
2019-09-0917Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Initial Case Management Conference held on 9/9/2019. Amended Complaint due by 10/7/2019. Joint Case Management Statement due by 12/2/2019. Further Case Management Conference set for 12/9/2019 at 01:30 PM in San Francisco, Courtroom C, 15th Floor.FTR Time: 1:43 - 1:54. Plaintiff Attorney: Shawn Meerkamper and R. Andrew Free. Defendant Attorney: Gioconda Miolinari and Jevechius Bernardoni. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 9/9/2019) (Entered: 09/09/2019)
2019-09-0918ORDER SETTING DEADLINES re 17 Initial Case Management Conference. The parties shall complete ADR by 5/11/2020. Plaintiffs' Dispositive Motion due by 6/1/2020. Defendants' opposition due by 6/22/2020. Plaintiffs' reply due by 6/29/2020. Signed by Judge Sallie Kim on 9/9/2019. (tlS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/10/2019)
2019-09-1019NOTICE of Substitution of Counsel by Jevechius Doherty Bernardoni (Bernardoni, Jevechius) (Filed on 9/10/2019) (Entered: 09/10/2019)
2019-09-1220AMENDED ORDER SETTING DEADLINES re 18 Order - REFERRING CASE to court-sponsored Mediation, to be completed by 5/11/2020. Signed by Judge Sallie Kim on 9/12/2019. (tlS, COURT STAFF) (Filed on 9/12/2019) (Entered: 09/12/2019)
2019-09-2321Second MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-13681913), (Filing Fee Previously Paid on 09/06/2019) filed by Transgender Law Center, Jolene K. Youngers. (Attachments: #(1) Certificate/Proof of Service Certificate of Good Standing)(Free, Robert) (Filed on 9/23/2019) (Entered: 09/23/2019)
2019-09-2322ORDER by Magistrate Judge Sallie Kim granting 21 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 9/23/2019) (Entered: 09/23/2019)
2019-12-0223JOINT CASE MANAGEMENT STATEMENT filed by Office for Civil Rights and Civil Liberties - United States Department of Homeland Security, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Bernardoni, Jevechius) (Filed on 12/2/2019) (Entered: 12/02/2019)
2019-12-0624Declaration of Toni Fuentes in Support of 23 Joint Case Management Statement, filed byOffice for Civil Rights and Civil Liberties - United States Department of Homeland Security, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Related document(s) 23 ) (Bernardoni, Jevechius) (Filed on 12/6/2019) (Entered: 12/06/2019)
2019-12-0925Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Further Case Management Conference held on 12/9/2019. The Court and counsel discuss the status of the case. If Plaintiffs want to seek relief on issues discussed in the case management statement, a formal motion may be filed. Plaintiffs' counsel informs the Court that they may plan seek to discovery on the declaration submitted by Defendants (dkt no. 24). Status Conference regarding that issue set for 1/27/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim.(FTR Time: 1:33-1:44.) Attorney for Plaintiffs: Andrew Free. Attorney for Defendant: Jevechius Bernardoni. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 12/9/2019) (Entered: 12/09/2019)
2020-01-0826ADR Clerk's Notice Appointing Walter J. Robinson as Mediator. (af, COURT STAFF) (Filed on 1/8/2020) (Entered: 01/08/2020)
2020-01-2127CASE MANAGEMENT STATEMENT filed by Office for Civil Rights and Civil Liberties - United States Department of Homeland Security, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Bernardoni, Jevechius) (Filed on 1/21/2020) (Entered: 01/21/2020)
2020-01-2228ORDER re 27 Continuing Case Management Conference to April 13, 2020, at 1:30 p.m. Signed by Magistrate Judge Sallie Kim on 1/22/20. (sklc2S, COURT STAFF) (Filed on 1/22/2020) (Entered: 01/22/2020)
2020-01-22Set/Reset Hearing Further Case Management Conference set for 4/13/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor. Case management statement due 4/6/20. (sklc2S, COURT STAFF) (Filed on 1/22/2020) (Entered: 01/22/2020)
2020-03-3129**Filed in error. Please disregard. Refer to docket no. 29 . ** CLERK'S NOTICE Regarding Upcoming Hearing: Notice is given that the Case Management Conference set for 4/6/2020 at 1:30 PM will be conducted by telephone. Counsel is directed to contact CourtCall at 888-882-6878 to arrange the appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 3/31/2020) Modified on 3/31/2020 (mklS, COURT STAFF). (Entered: 03/31/2020)
2020-03-3130CLERK'S NOTICE Regarding Upcoming Hearing: Notice is given that the Case Management Conference set for 4/13/2020 at 1:30 PM will be conducted by telephone. Counsel is directed to contact CourtCall at 888-882-6878 to arrange the appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 3/31/2020) (Entered: 03/31/2020)
2020-04-0631JOINT CASE MANAGEMENT STATEMENT filed by Office for Civil Rights and Civil Liberties - United States Department of Homeland Security, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Bernardoni, Jevechius) (Filed on 4/6/2020) (Entered: 04/06/2020)
2020-04-0832CLERK'S NOTICE Regarding Case Management Conference on Monday 4/13/2020: The Court previously instructed counsel to set up appearances for the case management conference through CourtCall. The Court now informs the parties that a conference call line will be used instead for the hearing on Monday 4/13/2020 at 1:30 PM. The parties are directed to use the following dial-in information to participate: Dial in: (877) 336-1831 Passcode: 1598603 (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 4/8/2020) (Entered: 04/08/2020)
2020-04-1333Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Further Telephonic Case Management Conference held on 4/13/2020. Within one week the parties should file a joint scheduling proposal or competing proposals with regarding to cross-motions for summary judgment. (FTR Time: 1:44- 1:51.) Attorney for Plaintiff: Andrew Free. Attorney for Defendants: Jevechius Bernardoni. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 4/13/2020) (Entered: 04/13/2020)
2020-04-1334ORDER REGARDING PROPOSED SCHEDULES. Signed by Magistrate Judge Sallie Kim on 4/13/2020. (mklS, COURT STAFF) (Filed on 4/13/2020) (Entered: 04/13/2020)
2020-04-2035STIPULATION WITH PROPOSED ORDER re 34 Order filed by Office for Civil Rights and Civil Liberties - United States Department of Homeland Security, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Bernardoni, Jevechius) (Filed on 4/20/2020) (Entered: 04/20/2020)
2020-04-2236ORDER by Magistrate Judge Sallie Kim granting 35 Stipulation Regarding Schedule on Cross-Motions for Summary Judgment. (mklS, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)
2020-05-01Set/Reset Hearing Mediation Hearing set for 8/17/2020 10:00 AM. (af, COURT STAFF) (Filed on 5/1/2020) (Entered: 05/01/2020)
2020-08-2837Certification of ADR Session by Mediator Walter J Robinson: I hereby certify that the parties in this matter held a Mediation session on 8/17/2020. The case did not settle. Further facilitated discussions are expected in 2 months. Mediation process is ongoing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 8/28/2020) (Entered: 08/28/2020)
2020-08-3138MOTION for Summary Judgment filed by Office for Civil Rights and Civil Liberties - United States Department of Homeland Security, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Responses due by 9/21/2020. Replies due by 10/12/2020. (Attachments: # 1 Declaration of Fernando Pineiro, # 2 Declaration of James Holzer, # 3 Declaration of Jevechius Bernardoni, # 4 Proposed Order)(Bernardoni, Jevechius) (Filed on 8/31/2020) (Entered: 08/31/2020)
2020-09-2139First MOTION for leave to appear in Pro Hac Vice Kimberly A. Evans ( Filing fee $ 310, receipt number 0971-14966224.) filed by Transgender Law Center, Jolene K. Youngers. (Attachments: # 1 Certificate/Proof of Service Certificates of Good Standing)(Evans, Kimberly) (Filed on 9/21/2020) (Entered: 09/21/2020)
2020-09-2140Cross MOTION for Summary Judgment and Opposition to Defendants' 38 Motion for Summary Judgment filed by Transgender Law Center, Jolene K. Youngers. Motion Hearing set for 11/2/2020 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 10/12/2020. Replies due by 10/19/2020. (Attachments: # 1 Proposed Order, # 2 Declaration of Lynly S. Egyes, # 3 Exhibit A to Egyes Decl., # 4 Declaration of Dale Melchert, # 5 Exhibit A-ZZ to Melchert Decl.)(Free, Robert) (Filed on 9/21/2020) (Entered: 09/21/2020)
2020-09-2441ORDER by Magistrate Judge Sallie Kim granting 39 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 9/24/2020) (Entered: 09/24/2020)
2020-10-1242REPLY in support of 38 Motion for Summary Judgment and OPPOSITION/RESPONSE (re 40 Cross MOTION for Summary Judgment, filed byOffice for Civil Rights and Civil Liberties - United States Department of Homeland Security, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Fernando Pineiro, # 2 Declaration of James V.M.L. Holzer, # 3 Declaration of Dana Salvano-Dunn, # 4 Declaration of Jevechius D. Bernardoni) (Bernardoni, Jevechius) (Filed on 10/12/2020) Modified on 10/13/2020 (gbaS, COURT STAFF). (Entered: 10/12/2020)
2020-10-1943REPLY (re 38 MOTION for Summary Judgment , 40 Cross MOTION for Summary Judgment ) filed byTransgender Law Center. (Attachments: # 1 Declaration Second Declaration of Dale Melchert, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F_PART 1, # 7 Exhibit Exhibit F_PART 2, # 8 Exhibit Exhibit F-PART 3, # 9 Exhibit Exhibit G, # 10 Exhibit Exhibit H, # 11 Exhibit Exhibit I, # 12 Exhibit Exhibit J, # 13 Exhibit Exhibit K, # 14 Exhibit Exhibit L, # 15 Exhibit Exhibit M, # 16 Exhibit Exhibit N, # 17 Exhibit Exhibit O, # 18 Exhibit Exhibit P, # 19 Exhibit Exhibit Q, # 20 Exhibit Exhibit R, # 21 Exhibit Exhibit S, # 22 Exhibit A)(Evans, Kimberly) (Filed on 10/19/2020) (Entered: 10/19/2020)
2020-10-2044CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing Re: 38 MOTION for Summary Judgment and 40 Cross MOTION for Summary Judgment currently set for 11/2/2020 09:30 AM before Magistrate Judge Sallie Kim. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associa ted with this entry.) (mklS, COURT STAFF) (Filed on 10/20/2020) (Entered: 10/20/2020)
2020-10-2745ORDER VACATING HEARING. The Motions Hearing, which have been noticed for Monday, November 2, 2020, will be decided on papers submitted without oral argument. Accordingly, the hearings are hereby VACATED. Signed by Judge Sallie Kim on 10/27/2020. (ejkS, COURT STAFF) (Filed on 10/27/2020) (Entered: 10/27/2020)
2020-11-0246MOTION for Leave to File Notice of Supplemental Authority re 40 Cross MOTION for Summary Judgment filed by Transgender Law Center. (Attachments: # 1 Proposed Order, # 2 Notice of Supplemental Authority, # 3 Declaration of Andrew Free, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C)(Related document(s) 40 ) (Evans, Kimberly) (Filed on 11/2/2020) Modified on 11/3/2020 (slhS, COURT STAFF). (Entered: 11/02/2020)
2020-11-0347First MOTION for leave to appear in Pro Hac Vice Irene R. Lax ( Filing fee $ 310, receipt number 0971-15149410.) filed by Transgender Law Center. (Attachments: # 1 Certificate/Proof of Service Certificates of Good Standing)(Lax, Irene) (Filed on 11/3/2020) (Entered: 11/03/2020)
2020-11-03Electronic filing error re: 46 Supplemental Brief filed by Transgender Law Center. Incorrect event used. [err101] Corrected by Clerk's Office. No further action is necessar y. (slhS, COURT STAFF) (Filed on 11/3/2020) (Entered: 11/03/2020)
2020-11-0448ORDER by Magistrate Judge Sallie Kim granting 47 Motion for Pro Hac Vice as to Irene Lax. (mklS, COURT STAFF) (Filed on 11/4/2020) (Entered: 11/04/2020)
2020-11-0549OPPOSITION/RESPONSE (re 46 MOTION for Leave to File MOTION for Leave to File Notice of Supplemental Authority ) filed byOffice for Civil Rights and Civil Liberties - United States Department of Homeland Security, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Jevechius Bernardoni, # 2 Exhibit One)(Bernardoni, Jevechius) (Filed on 11/5/2020) (Entered: 11/05/2020)
2020-11-1250REPLY in Support (re 46 MOTION for Leave to File MOTION for Leave to File Notice of Supplemental Authority ) filed byTransgender Law Center, Jolene K. Youngers. (Evans, Kimberly) (Filed on 11/12/2020) (Entered: 11/12/2020)
2020-11-2451ORDER by Magistrate Judge Sallie Kim granting in part and denying in part 38 Defendants' Motion for Summary Judgment; granting in part and denying in part 40 Plaintiffs' Motion for Summary Judgment; denying 46 Motion to Submit Supplemental Briefing. (mklS, COURT STAFF) (Filed on 11/24/2020) (Entered: 11/24/2020)
2020-11-2452JUDGMENT. Signed by Magistrate Judge Sallie Kim on 11/24/2020. (mklS, COURT STAFF) (Filed on 11/24/2020) (Entered: 11/24/2020)
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