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1 HOWARD SLAVITT (CA SBN 172840) has@cpdb.com
RACHEL COHEN (CA SBN 218929) rgc@cpdb.com 2 COBLENTZ, PATCH, DUFFY & BASS LLP 3 One Ferry Street, Suite 200
San Francisco, CA 94111 4 Tel. 415.391.4800/ Fax 415.989.1663

5 ROBERT RUBIN (CA SBN 85084) rrubin@lccr.com
PHILIP HWANG (CA SBN 185070) phwang@lccr.com 6 LAWYERS' COMMITTEE FOR CIVIL RIGHTS
131 Steuart Street, Suite 400 7 San Francisco, CA 94105
Tel. 415.543.9444/ Fax 415.543.0296 8
JULIA HARUMI MASS (CA SBN 189649) jmass@aclunc.org 9 ALAN L. SCHLOSSER (CA SBN 49957)
aschlosser@aclunc.org 10 AMERICAN CIVIL LIBERTIES UNION FOUNDATION
OF NORTHERN CALIFORNIA 11 39 Drumm Street
San Francisco, CA 94111 12 Tel. 415.621.2493 / Fax 415.255.8437

13 Attorneys for Plaintiff
14 KEBIN REYES, a minor, by and through his father and guardian, NOE REYES
15
UNITED STATES DISTRICT COURT
16 NORTHERN DISTRICT OF CALIFORNIA
17 SAN FRANCISCO DIVISION
18

19
KEBIN REYES, a minor, by and through his 20 guardian ad litem NOE REYES,

21
22 v.
23

Plaintiff,

24 NANCY ALCANTAR, San Francisco Field Office Director for Detention and Removal Services,
25 Immigration Customs Enforcement, in her individual capacity, and DOES 1 through 50
26 inclusive,

Case No.
COMPLAINT FOR VIOLATIONS OF THE FOURTH AND FIFTH AMENDMENTS TO THE UNITED STATES CONSTITUTION
DEMAND FOR JURY TRIAL

27

Defendants.

28

10395.006.602905v3

Case No.

COMPLAINT FOR VIOLATIONS OF THE FOURTH AND FIFTH AMENDMENTS TO THE UNITED STATES CONSTITUTION

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1 LUCAS GUTTENTAG (CA SBN 90208)
Iguttentag@aclu.org 2 AMERICAN CIVIL LIBERTIES UNION FOUNDATION
IMMIGRANTS' RIGHTS PROJECT 3 39 Drumm Street
San Francisco, CA 94111 4 Tel. 415.343.0770/ Fax 415.395.0950

5 Attorneys for Plaintiff

6

KEBIN REYES, a minor, by and through his father and guardian, NOE REYES

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24 25

26 27

28

lO395.006.602905v3

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1

PlaintiffKEBIN REYES, by and through his guardian ad litem, NOE REYES, alleges as

2 follows:

3

JURISDICTION

4

1.

Jurisdiction is conferred on this Court by 28 U.S.C. § 1331,28 U.S.C. § 1343(a)(4),

5 and 28 U.S.C. § 1367.

6

VENUE

7

2.

Venue is proper in the Northern District of California pursuant to 28 U.S.C. § 1391.

8

INTRADISTRICT ASSIGNMENT

9

3.

Assignment to the San Francisco or Oakland Division of this Court is proper under

10 Local Rule 3-2(d) because a substantial part of the events or omissions giving rise to Plaintiffs

11 claims occurred in Marin County.

12

THE PARTIES

13

4.

PlaintiffKEBIN REYES (also referred to hereinafter as "Kebin") is a United States

14 citizen of Guatemalan descent. He is seven years old and resides within the Northern District of

15 California. Pursuant to Federal Rule of Civil Procedure 17(c), Plaintiff brings this action by and

16 through NOE REYES (also referred to hereinafter as "Mr. Reyes"), who is Plaintiffs father and

17 also resides within the Northern District of California. Plaintiff, who is a minor, is not competent

18 to bring this action on his own behalf. Mr. Reyes is willing and able to act as Plaintiffs guardian 19 ad litem and will conduct this litigation at all times in Plaintiffs best interests.

20

5.

Defendant NANCY ALCANTAR is Field Office Director in San Francisco,

21 California for Immigration and Customs Enforcement, Office of Detention and Removal

22 Operations. At all relevant times, ALCANTAR was acting under color of federal law and is sued 23 in her individual capacity.

24

6.

At all relevant times, Defendants DOES I through 50 (also referred to hereinafter

25 as the "DOE defendants"), each of whom Plaintiff sues in his or her individual capacity, were

26 agents, employees, or otherwise representatives of United States Immigration and Customs

27 Enforcement (also referred to hereinafter as "ICE") or other federal agencies. At all relevant

28 times, DOES 1 through 50 were acting under color of federal law. Plaintiff is informed and

10395.006.602905v3

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Case No.

COMPLAINT FOR VIOLATIONS OF THE FOURTH AND FIFTH AMENDMENTS TO THE UNITED STATES CONSTITUTION

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1 believes and thereon alleges that that many, if not all, of DOES 1 through 50 are residents of the

2 Northern District of California. Plaintiff is informed and believes and thereon alleges that DOES

3 1 through 50, inclusive, are legally responsible for the wrongs committed against Plaintiff, as

4 alleged herein. When Plaintiff becomes aware of the true identities of one or more DOE

5 defendants, Plaintiff will amend his complaint to add or substitute them as named Defendants.

6

7.

Plaintiff is informed and believes and thereon alleges that each of the Defendants

7 caused, and is liable for the unconstitutional and unlawful conduct and resulting injuries, by,

8 among other things, personally participating in said conduct or acting jointly with others who did

9 so; by authorizing, acquiescing or setting in motion policies, plans or actions that led to the

10 unlawful conduct; by failing to take action to prevent the unlawful conduct; by failing or refusing

11 with deliberate indifference to maintain adequate training and supervision; and/or by ratifying the

12 unlawful conduct taken by employees under their direction and control. Plaintiff is informed and

13 believes and thereon alleges that Defendants' actions were pursuant to a policy, custom, or usage

14 ofICE or other related federal agencies.

15

FACTS GIVING RISE TO THE CLAIMS

16

8.

On March 6, 2007, Defendants seized Kebin, a United States citizen, and took him

17 into their custody, without lawful cause and without a warrant for his arrest, at his residence in San

18 Rafael, California.

19

9.

Defendants arrived at Kebin's residence in the early morning hours of March 6,

20 2007. Armed and wearing clothes bearing the word "police," Defendants entered the residence

21 and demanded the immigration papers and passports of Kebin and his father. Upon information

22 and belief, Defendants did not have lawful authorization or a valid warrant for entering the home.

23 Kebin's father provided Defendants with Kebin's U.S. passport, identifying Kebin as a United

24 States citizen. Kebin's father truthfully answered the questions asked of him.

25

10.

Defendants informed Kebin's father that they were taking him into custody.

26 Despite being placed on notice that Kebin is a United States citizen, Defendants instructed his

27 father to waken Kebin because they were going to seize him as well. Kebin's father requested

28 repeatedly that Defendants permit him to make a phone call to a family member living nearby who

10395.006.602905v3

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Case No.

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1 could care for Kebin so that he would not be taken into forced custody. But Defendants refused to

2 permit Kebin's father to make a phone call. Defendants seized Kebin and his father. Defendants

3 took Kebin and his father to an ICE office in San Francisco and held them there against their will.

4

11.

At the ICE office, Kebin's father again requested to make a phone call to arrange

5 for Kebin's care, but Defendants did not allow him to make a phone call. Defendants told Kebin

6 that he would only need to stay at the ICE office for an hour or two. Instead, they held him in a

7 locked room all day against his will. Kebin thought he was injail. Defendants refused to give

8 Kebin any food, other than bread and water. Kebin was hungry and crying. He did not know

9 when he would be free to leave.

10

12.

That afternoon, a family member and family friend who had learned about the

11 incident from others in the neighborhood, came to the ICE office to seek Kebin's release and to

12 bring Kebin home. Defendants forced Kebin to remain in custody, without cause, for several more

13 hours, until evening, before they released him.

14

13.

As a direct and proximate result of Defendants' conduct, Kebin has been harmed.

15 His harm includes but is not limited to:

16

(a) being detained, arrested or seized and being detained and held for a period

17 of approximately 12 hours;

18

(b) being deprived of food, other than bread and water, for a period of

19 approximately 12 hours;

20

(c) being denied the opportunity to make a phone call or to have one made for

21 him to arrange for his care;

22

(d) pain and suffering; and

23

(e) being subject to intimidation and inflicted with emotional and mental

24 distress.

25

14.

Plaintiff is informed and believes and thereon alleges that the above-described acts

26 of Defendants were done knowingly, intentionally, maliciously, with deliberate, reckless or

27 callous indifference to Plaintiffs security, freedom, and civil and constitutional rights, or with

28 intent to injure, harass, and oppress Plaintiff. Accordingly, Plaintiff is entitled to an award of

10395.006.602905v3

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Case No.

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1 punitive damages against Defendants.

2

FIRST CLAIM FOR RELIEF

3

(Violation of Fourth Amendment and Title 8 United States Code Section 1357)

4

(Against All Defendants)

5

15.

Plaintiff hereby incorporates paragraphs 1 through 14 above and each allegation

6 therein as though fully set forth herein.

7

16.

The Fourth Amendment to the United States Constitution provides that each person

8 has the right to be secure in his or her person, houses, papers, and effects, against unreasonable

9 searches and seizures.

10

17.

By committing the above-described acts, Defendants violated Plaintiffs rights

11 under the Fourth Amendment to the United States Constitution.

12

18.

The conduct of Defendants violated clearly established constitutional or other

13 rights of which Defendants knew, or of which a reasonable public official should have known.

14 Defendants exceeded their authority to make detentions, seizures and arrests, including the

15 limitations set forth in Title 8 United States Code Section 1357.

16

19.

Plaintiff has no effective administrative mechanism or other remedy at law by

17 which to seek the proper measure of damages for these constitutional wrongs.

18

SECOND CLAIM FOR RELIEF

19

(Violation of Fifth Amendment)

20

21

20.

(Against All Defendants) Plaintiff refers to and incorporates paragraphs 1 through 19 as though fully set forth

22 herein.

23

21.

The Fifth Amendment to the United States Constitution requires that no person

24 shall be deprived of life, liberty or property without due process of law.

25

22.

By committing the above-described acts, Defendants violated Plaintiff s rights

26 under the substantive due process and/or procedural due process clauses of the Fifth Amendment

27 to the United States Constitution.

28

23.

The conduct of Defendants violated clearly established constitutional or other

10395.006.602905v3

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Case No.

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1 rights of which defendants knew, or of which a reasonable public official should have known.

2

24.

Plaintiff has no effective administrative mechanism or other remedy at law by

3 which to seek the proper measure of damages for these constitutional wrongs.

4

ADDITIONAL CLAIMS FOR RELIEF

5

25.

In addition to filing this Complaint, Plaintiff is presenting a claim pursuant to the

6 Federal Tort Claims Act seeking relief from the United States of America. If the claim is denied,

7 Plaintiff will amend this Complaint to seek monetary damages from the United States of America

8 for various torts committed.

9

PRAYER

10

Plaintiff prays that judgment be entered in his favor and the following relief be granted

11 against each and every Defendant:

12

1. Actual and compensatory damages in an amount to be determined;

13

2. Punitive or exemplary damages against Defendants Alcantar and DOES 1-50 to the

14 extent permitted by law;
15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III

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3. Attorneys' fees and costs of suit, pursuant to all applicable statutory, common law,

2 or constitutional provisions; and

3

4. Such relief as the Court may deem just and proper.

4 Dated: April 26, 2007

COBLENTZ, PATCH, DUFFY & BASS LLP

5

6

By:

7

Howard A. Slavitt

8
Attorneys for Plaintiff

9

KEBIN REYES, a minor, by and through his

father and guardian, NOE REYES

10

11
12

13
14 15 16 17 18 19 20 21

22 23 24 25 26 27 28

lO395.006.602905v3

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1

DEMAND FOR JURY TRIAL

2

Plaintiff hereby demands a trial by jury on all issues so triable to the full extent permitted

3 by law.

4 Dated: April 26, 2007

COBLENTZ, PATCH, DUFFY & BASS LLP

5

6

By:

7

Howard A. Slavitt

8 Attorneys for Plaintiff

9

KEBIN REYES, a minor, by and through his

father and guardian, NOE REYES

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1039S.006.60290Sv3

7

Case No.

COMPLAINT FOR VIOLATIONS OF THE FOURTH AND FIFTH AMENDMENTS TO THE UNITED STATES CONSTITUTION

 
 Case4:07-cv-02271-SBA Document7 Filed07/06/07 Page1 of 6

1 SCOTT N. SCHOOLS, SC SBN 9990 United States Attorney
2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney
3 Chief, Civil Division EDWARD OLSEN, CSBN 214150
4 Assistant United States Attorney

5 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102
6 Telephone: (415) 436-6915 FAX: (415) 436-6927
7

8 Attorneys for Defendants

9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

OAKLAND DIVISION

12

KEBIN REYES, a minor by and through

) No. C 07-2271 SBA

13 his father and guardian, Noe Reyes,

)

)

14

Plaintiff,

)

)

15

v.

) ANSWER

)

16 NANCY ALCANTAR, San Francisco Field

)

Office Director for Detention and Removal, et al., )

17

)

Defendants.

)

18

)

19 Now come the Defendants, by and through their undersigned counsel, in response to the

20 Plaintiff’s Complaint for Violations of the Fourth and Fifth Amendments to the United States’

21 Constitution, state the following:

22 1. Paragraph One contains allegations pertaining to jurisdiction to which no admission or

23 denial is required; however to the extent an answer is necessary, the Defendants deny the

24 allegations in Paragraph One.

25 2. Paragraph Two contains allegations pertaining to venue to which no admission or denial is

26 required; however to the extent an answer is necessary, the Defendants deny the allegations in

27 Paragraph Two.

28 3. Paragraph Three contains allegations regarding intra-district assignment to which no

ANSWER

C07-2271 SBA

1

Case4:07-cv-02271-SBA Document7 Filed07/06/07 Page2 of 6

1 admission or denial is required; however to the extent an answer is necessary, the Defendants deny 2 the allegations in Paragraph Three. 3 4. Defendants have insufficient information to admit or deny the facts set forth in Paragraph 4, 4 and demands sufficient proof thereof. 5 5. Defendants admit that Defendant NANCY ALCANTAR is employed as the Field Office 6 Director of the San Francisco Office of Detention and Removal Operations, U. S. Immigration and 7 Customs Enforcement (ICE), and that she, at all times relevant to the complaint, was acting within 8 the scope of her employment. 9 6. Defendants have insufficient information to admit or deny the allegations set forth in 10 Paragraph 6, and demands sufficient proof thereof. 11 7. Defendants have insufficient information to admit or deny the allegations set forth in 12 Paragraph 7. However, to the extent answer is necessary, Defendants deny the allegations in 13 Paragraph 7. 14 8. Defendants deny the allegations set forth in Paragraph 8. 15 9. Defendants admit that ICE Officers arrived at a residence in the early morning hours of 16 March 6, 2007. Defendants admit that the ICE Officers were armed and entered the residence and 17 demanded the immigration papers and passport of the occupants. The Defendants deny the 18 allegations in the third sentence of Paragraph 9. The Defendants admit the allegations in the fourth 19 sentence of Paragraph 9. Defendants deny the last sentence of Paragraph 9. 20 10. Defendants admit the allegations in the first sentence of Paragraph 10. Defendants deny 21 the allegations set forth in the second sentence of Paragraph 10. Defendants deny the allegations 22 set forth in the third sentence of Paragraph 10. Defendants deny the allegations set forth in the 23 second sentence of Paragraph 10. Defendants deny that they ceased Kevin, but admit that they 24 ceased Kevin’s father. Defendants deny the allegations set forth in the last sentence in Paragraph 25 10. 26 11. Defendants deny the allegations set forth in the first three sentences in Paragraph 11. 27 Defendants lack sufficient information or knowledge to respond to the fourth sentence of 28 Paragraph 11. Defendants deny the fifth sentence in Paragraph 11. Defendants lack sufficient

ANSWER

C07-2271 SBA

2

Case4:07-cv-02271-SBA Document7 Filed07/06/07 Page3 of 6

1 information or knowledge to respond to the last two sentences of Paragraph 11.

2 12. Defendants deny the allegations set forth in Paragraph 12.

3 13. Defendants deny the allegations set forth in Paragraph 13.

4 14. Defendants deny the allegations set forth in Paragraph 14.

5 15. Defendants incorporate Paragraphs 1 through 14 above and each response therein as fully

6 set forth herein.

7 16. Defendants admit the allegations set forth in Paragraph 16.

8 17. Defendants deny the allegations set forth in Paragraph 17

9 18. Defendants deny the allegations set forth in Paragraph 18.

10 19. Defendants deny the allegations set forth in Paragraph 19, and in further response state that

11 the plaintiff has failed to exhaust administrative remedies available to him.

12 20. Defendants incorporate Paragraphs 1 through 19 above and each response therein as fully

13 set forth herein.

14 21. Defendants admit the allegation set forth in Paragraph 21.

15 22. Defendants deny the allegations set forth in Paragraph 22.

16 23. Defendants deny the allegations set forth in Paragraph 23.

17 24. Defendants deny the allegations set forth in Paragraph 24 and in further response state that

18 the plaintiff has failed to exhaust administrative remedies available to him.

19 25. Defendant has insufficient information from which to admit or deny the allegations set

20 forth in Paragraph 25.

21

AFFIRMATIVE DEFENSES

22

FIRST AFFIRMATIVE DEFENSE

23 This Court is without subject matter jurisdiction over Plaintiff’s claims.

24

SECOND AFFIRMATIVE DEFENSE

25 Plaintiff failed to exhaust his administrative remedies as to each and every claim.

26

THIRD AFFIRMATIVE DEFENSE

27 The complaint and each claim asserted therein fail to state a cause of action upon which relief

28 can be granted.

ANSWER

C07-2271 SBA

3

Case4:07-cv-02271-SBA Document7 Filed07/06/07 Page4 of 6

1

FOURTH AFFIRMATIVE DEFENSE

2 Plaintiff failed to mitigate his damages, if any, and any recovery or award should be reduced

3 accordingly.

4

FIFTH AFFIRMATIVE DEFENSE

5 Plaintiff may recover only those damages allowed under the law.

6

SIXTH AFFIRMATIVE DEFENSE

7 Plaintiff’s recovery, if any, is barred by the doctrine of unclean hands, laches, and estoppel.

8

SEVENTH AFFIRMATIVE DEFENSE

9 Some or all of Plaintiff’s claims are barred by the applicable statute of limitations.

10

EIGHTH AFFIRMATIVE DEFENSE

11 Any and all Defendant are entitled to absolute, sovereign, and/or qualified immunity.

12

NINTH AFFIRMATIVE DEFENSE

13 Plaintiff’s alleged injuries, if any, were proximately caused by plaintiff’s own negligent or

14 otherwise wrongful conduct.

15

TENTH AFFIRMATIVE DEFENSE

16 The United States of America, through its employees, exercised due care and diligence in all

17 matters relevant to the subject matter of plaintiff’s complaint.

18

ELEVENTH AFFIRMATIVE DEFENSE

19 Plaintiff’s alleged injuries, if any, were not proximately caused by any negligent or otherwise

20 wrongful act or omission of any employee of the United States.

21

TWELFTH AFFIRMATIVE DEFENSE

22 Any recovery or other award made against the United States herein must be reduced by the

23 percentage of fault of the plaintiff and/or other third party, and any recovery or other award made

24 against the United States herein for non-economic damages must be limited to the percentage of

25 fault, if any, of the United States.

26

THIRTEENTH AFFIRMATIVE DEFENSE

27 Pursuant to 28 U.S.C. § 2675, Plaintiff is prohibited from claiming or recovering an amount

28 against the United States in excess of that which is set forth in a claim to the ICE.

ANSWER

C07-2271 SBA

4

Case4:07-cv-02271-SBA Document7 Filed07/06/07 Page5 of 6

1

FOURTEENTH AFFIRMATIVE DEFENSE

2 Pursuant to 28 U.S.C. § 2402, Plaintiff is not entitled to a jury trial on any claim under the

3 FTCA.

4

FIFTEENTH AFFIRMATIVE DEFENSE

5 Pursuant to 28 U.S.C. § 2674, Plaintiff is proscribed from recovering any amount for

6 prejudgment interest against the United States of America.

7

SIXTEENTH AFFIRMATIVE DEFENSE

8 Under 28 U.S.C. §2412(d)(1)(A), Plaintiff cannot recover attorney’s fees from the United

9 States of America.

10

SEVENTEENTH AFFIRMATIVE DEFENSE

11 Under 28 U.S.C. § 2674, Plaintiff is barred from recovering civil penalties and treble damages.

12

EIGHTEENTH AFFIRMATIVE DEFENSE

13

Under 28 U.S.C. § 2401, the Plaintiff failed to submit an administrative claim to the agency

14 within two years after the claim accrued.

15

NINETEENTH AFFIRMATIVE DEFENSE

16

The Plaintiff’s claims under the Federal Tort Claims Act failed because there is no

17 analogous private, state, or local activity.

18

TWENTIETH AFFIRMATIVE DEFENSE

19

The Plaintiff’s claims under the Federal Tort Claims Act are barred by the discretionary

20 function exception.

21

TWENTY-FIRST AFFIRMATIVE DEFENSE

22

The Plaintiff’s negligence claims fail as a matter of law because under the Federal Tort

23 Claims Act, state law must be the source of substantive liability.

24

TWENTY-SECOND AFFIRMATIVE DEFENSE

25

The United States is entitled to sovereign immunity as to any possible state law claims.

26 //

27 //

28 //

ANSWER

C07-2271 SBA

5

Case4:07-cv-02271-SBA Document7 Filed07/06/07 Page6 of 6

1

WHEREFORE, Defendants respectfully request that the Court enter judgment in their

2 favor; that the complaint be dismissed and that the Defendants be granted such other and further

3 relief as the Court may deem just and proper, including recovery of all costs and appropriate fees.

4

5 Dated: July 6, 2007

Respectfully submitted,

6

SCOTT N. SCHOOLS

United States Attorney

7

8

/s/

EDWARD A. OLSEN

9

Assistant United States Attorney

Attorneys for Defendants

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ANSWER

C07-2271 SBA

6

 
 Case 4:07-cv-02271-SBA Document 21 Filed 11/19/2007 Page 1 of 4

COBLENTZ, PATCH, DUFFY & BASS LLP
ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 94111-4213 415.391.4800 • FAX 415.989.1663

1 HOWARD A. SLAVITT (State Bar No. 172840) ef-has@cpdb.com, KATHERINE C. ZARATE (State Bar No. 214922) ef-kcz@cpdb.com
2 COBLENTZ, PATCH, DUFFY & BASS LLP One Ferry Building, Suite 200
3 San Francisco, California 94111-4213 Tel. 415-391-4800 / Fax 415-989-1663
4 ROBERT RUBIN (CA SBN 85084) rrubin@lccr.com
5 PHILIP HWANG (CA SBN 185070) phwang@lccr.com LAWYERS' COMMITTEE FOR CIVIL RIGHTS
6 131 Steuart Street, Suite 400 San Francisco, CA 94105
7 Tel. 415-543-9444 / Fax 415-543-0296

8 JULIA HARUMI MASS (CA SBN 189649) jmass@aclunc.org ALAN L. SCHLOSSER (CA SBN 49957) aschlosser@aclunc.org
9 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA
10 39 Drumm Street San Francisco, CA 94111
11 Tel. 415-621-2493 / Fax 415-225-8437

12 LUCAS GUTTENTAG (CA SBN 90208) lguttentag@aclu.org AMERICAN CIVIL LIBERTIES UNION FOUNDATION
13 IMMIGRANTS' RIGHTS PROJECT 39 Drumm Street
14 San Francisco, CA 94111 Tel. 415-343-0770 / Fax 415-395-0950
15 Attorneys for KEBIN REYES, a minor, by and
16 through his father and guardian, NOE REYES

17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

19

KEBIN REYES, a minor, by and through his

Case No. C07-2271-SBA

20 father and guardian NOE REYES,

STIPULATION AND ORDER FOR

21

Plaintiff,

FILING AMENDED COMPLAINT

22

v.

23 NANCY ALCANTAR, San Francisco Field Office Director for Detention and Removal
24 Services, Immigration Customs Enforcement, in her individual capacity; JOHN P. MARTINEZ,
25 in his individual capacity; GREGORY J. WILLIAMS in his individual capacity;
26 UNITED STATES OF AMERICA, and DOES 3 through 50 inclusive,
27 Defendant.
28

08561.023.737532v1

1

Case No. C07-2271-SBA

STIPULATION AND [PROPOSED] ORDER FOR FILING AMENDED COMPLAINT

Case 4:07-cv-02271-SBA Document 21 Filed 11/19/2007 Page 2 of 4

COBLENTZ, PATCH, DUFFY & BASS LLP
ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 94111-4213 415.391.4800 • FAX 415.989.1663

1

WHEREAS, Plaintiff filed a complaint in this action on April 25, 2007;

2

WHEREAS, during the case management conference held on September 19, 2007, the

3 parties discussed and contemplated that Plaintiff would be filing an amended complaint to add

4 claims against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq.

5 ("FTCA"), and to substitute in natural persons for DOE defendants when their true identifies were

6 ascertained;

7

WHEREAS, Plaintiff filed a FTCA administrative claim with the Immigration and

8 Customs Enforcement ("ICE") agency and the United States Department of Homeland Security,

9 and the claim was denied on October 11, 2007;

10

WHEREAS, Plaintiff seeks to amend his original complaint to include causes of action

11 against the United States for false arrest and imprisonment and other relevant torts that arise out of

12 the same transactions and occurrences alleged in Plaintiff's original complaint and the denied

13 FTCA administrative claim;

14

WHEREAS, Plaintiff contends that he has discovered the true identities of DOE 1 and

15 DOE 2 based on Defendant Nancy Alcantar's Initial Disclosures and seeks to substitute John P.

16 Martinez into the action in place of DOE 1 and Defendant Gregory J. Williams in place of DOE 2;

17

WHEREAS, Plaintiff's filing of an amended complaint in the form of the Amended

18 Complaint attached hereto as Exhibit A will not delay compliance with any of the case

19 management deadlines already ordered by the Court;

20

WHEREAS, defendants shall have sixty (60) days to respond to Plaintiff's amended

21 complaint from the date of service;

22 //

23 //

24 //

25 //

26 //

27 //

28 //

08561.023.737532v1

2

Case No. C07-2271-SBA

STIPULATION AND [PROPOSED] ORDER FOR FILING AMENDED COMPLAINT

Case 4:07-cv-02271-SBA Document 21 Filed 11/19/2007 Page 3 of 4

COBLENTZ, PATCH, DUFFY & BASS LLP
ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 94111-4213 415.391.4800 • FAX 415.989.1663

1

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto

2 through their respective attorneys of records that Plaintiff may, pursuant to Rule 15(a) of the

3 Federal Rules of Civil Procedure, file an amended complaint in the form of the Amended

4 Complaint attached hereto as Exhibit A.

5

Respectfully submitted,

6 Dated: ___________________
7
8
9
10 11 Dated:___________________

COBLENTZ, PATCH, DUFFY & BASS, LLP
By: /s/ Katherine C. Zarate KATHERINE C. ZARATE Attorneys for KEBIN REYES, a minor, by and through his father and guardian, NOE REYES
ASSISTANT UNITED STATES ATTORNEY

12

By: /s/ Edward Olsen

13

EDWARD OLSEN Attorney for Defendant

14

15

16

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24

25

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27

28

08561.023.737532v1

3

Case No. C07-2271-SBA

STIPULATION AND [PROPOSED] ORDER FOR FILING AMENDED COMPLAINT

Case 4:07-cv-02271-SBA Document 21 Filed 11/19/2007 Page 4 of 4

COBLENTZ, PATCH, DUFFY & BASS LLP
ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 94111-4213 415.391.4800 • FAX 415.989.1663

1

ORDER

2

Based on the written stipulation of the parties and good cause appearing in support thereof,

3 Plaintiff may file an amended complaint in the form of the Amended Complaint attached hereto as

4 Exhibit A.

5

6

IT IS SO ORDERED.

7 DATED: November 16, 2007
8

9

10

United States District Judge

11

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28

08561.023.737532v1

4

Case No. C07-2271-SBA

STIPULATION AND [PROPOSED] ORDER FOR FILING AMENDED COMPLAINT

 
 Case4:07-cv-02271-SBA Document22 Filed11/19/07 Page1 of 10

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1 HOWARD A. SLAVITT (State Bar No. 172840) ef-has@cpdb.com, KATHERINE C. ZARATE (State BarNo. 214922) ef-kcz@cpdb.com
2 COBLENTZ, PATCH, DUFFY & BASS LLP One Ferry Building, Suite 200
3 San Francisco, California 94111-4213 Tel. 415-391-4800/ Fax 415-989-1663
4 ROBERT RUBIN (CA SBN 85084) rrubin@lccr.com
5 PHILIP HWANG (CA SBN 185070) phwang@lccr.com LAWYERS' COMMITTEE FOR CIVIL RIGHTS
6 131 Steuart Street, Suite 400 San Francisco, CA 94105
7 Tel. 415-543-9444/ Fax 415-543-0296

8 JULIA HARUMI MASS (CA SBN 189649) jmass@aclunc.org ALAN L. SCHLOSSER (CA SBN 49957) aschlosser@aclunc.org
9 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA
10 39 Drumm Street San Francisco, CA 94111
11 Tel. 415-621-2493/ Fax 415-225-8437

12 LUCAS GUTTENTAG (CA SBN 90208) 19uttentag@aclu.org AMERICAN CIVIL LIBERTIES UNION FOUNDATION
13 IMMIGRANTS' RIGHTS PROJECT 39 Drumm Street
14 San Francisco, CA 94111 Tel. 415-343-0770/ Fax 415-395-0950
15 Attorney•s for KEBIN REYES, a minor, by and
16 through his father and guardian, NOE REYES

17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

19

KEBIN REYES, a minor, by and through his

Case No. C07-2271-SBA

20 father and guardian NOE REYES,

21

Plaintiff,

22

v.

23 NANCY ALCANTAR, San Francisco Field
Office Director for Detention and Removal 24 Services, Immigration Customs Enforcement, in
her individual capacity; JOHN P. MARTINEZ, 25 in his individual capacity; GREGORY J.
WILLIAMS in his individual capacity; 26 UNITED STATES OF AMERICA, and DOES
3 through 50 inclusive,
27
Defendants.
28

FIRST AMENDED COMPLAINT FOR VIOLATIONS OF THE FOURTH AND FIFTH AMENDMENTS TO THE UNITED STATES CONSTITUTION, AND FOR FALSE IMPRISONMENT, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, AND NEGLIGENCE
DEMAND FOR JURY TRIAL

08561.023.737549v 1

FIRST AMENDED COMPLAINT

Case No. C07-2271-SBA

Case4:07-cv-02271-SBA Document22 Filed11/19/07 Page2 of 10

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PlaintiffKEBIN REYES, by and through his guardian ad litem, NOE REYES, alleges as

2 follows:

3

JURISDICTION AND PROCEDURAL PREREQUISITES TO SUIT

4

1.

Jurisdiction is conferred on this Court by 28 U.S.C. § 1331,28 U.S.C. § 1343(a)(4),

5 and 28 U.S.C. § 1367.

6

2.

On July 9,2007, PlaintiffKEBIN REYES (also referred to hereinafter as "Kebin")

7 filed an administrative claim with the Immigration and Customs Enforcement ("ICE") agency and

8 the United States Department of Homeland Security, pursuant to the Federal Tort Claims Act, 28

9 U.S.C. § 2671 et seq. ("FTCA"). ICE and the United States Department of Homeland Security

10 denied that claim on October 11,2007. 11

VENUE

12

3.

Venue is proper in the Northern District of California pursuant to 28 U.S.C. § 1391.

13

INTRADISTRICT ASSIGNMENT

14

4.

Assignment to the San Francisco or Oakland Division of this Court is proper under

15 Local Rule 3-2(d) because a substantial part of the events or omissions giving rise to Plaintiffs

16 claims occurred in Marin County.

17

THE PARTIES

18

5.

Plaintiff Kebin Reyes is a United States citizen of Guatemalan descent. He is seven

19 years old and resides within the Northern District of California. Pursuant to Federal Rule of Civil

20 Procedure 17(c), Plaintiff brings this action by and through NOE REYES (also referred to

21 hereinafter as "Mr. Reyes"), who is Plaintiffs father and also resides within the Northern District

22 of California. Plaintiff, who is a minor, is not competent to bring this action on his own behalf.

23 Mr. Reyes is willing and able to act as Plaintiffs guardian ad litem and will conduct this litigation

24 at all times in Plaintiff s best interests.

25

6.

Defendant NANCY ALCANTAR is Field Office Director in San Francisco,

26 California for Immigration and Customs Enforcement, Office of Detention and Removal

27 Operations. At all relevant times, ALCANTAR was acting under color of federal law and is sued

28 in her individual capacity.

08561.023.737549vi

2
FIRST AMENDED COMPLAINT

Case No. C07-2271-SBA

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7.

Defendant JOHN P. MARTINEZ is a Deportation Officer in San Francisco,

2 California for ICE who personally participated in, and/or decided on, acquiesced in, or failed to

3 take action to prevent the unlawful conduct of other ICE agents with whom he engaged in the raid

4 of plaintiffs residence and events of March 6,2007 by, inter alia,: (a) entering plaintiffs residence

5 without a valid warrant for entering his and his father's home and without their consent; (b)

6 refusing to permit Kebin's father to make a phone call to a relative or friend to care for Kevin; and

7 (c) seizing Kebin and his father and taking them to an ICE office in San Francisco where they

8 were held against their will. At all relevant times, Defendant Martinez was acting under color of

9 federal law and is sued in his individual capacity. Upon having discovered the true name of DOE

10 1, Plaintiff hereby substitutes Defendant Martinez into this action in place of DOE 1 who was

11 named in the original complaint filed on Apri125, 2007.

12

8.

Defendant GREGORY J. WILLIAMS is a Supervisory Detention and Deportation

13 Officer in San Francisco, California for ICE who personally participated in, and/or decided on,

14 acquiesced in, or failed to take action to prevent the unlawful conduct of other ICE agents with

15 whom he engaged in the raid of plaintiffs residence and events of March 6,2007 by, inter alia,:

16 (a) entering plaintiffs residence without a valid warrant for entering his and his father's home and

17 without their consent; (b) refusing to permit Kebin's father to make a phone call to a relative or

18 friend to care for Kevin; and (c) seizing Kebin and his father and taking them to an ICE office in

19 San Francisco where they were held against their will. At all relevant times, Defendant Williams

20 was acting under color of federal law and is sued in his individual capacity. Upon having

21 discovered the true name of DOE 2, Plaintiff hereby substitutes Defendant Williams into this

22 action in place of DOE 2 who was named in the original complaint filed on April 25, 2007.

23

9.

Defendant United States of America exists under the Constitution of the United

24 States of America and laws enacted by the United States Congress. ICE was at all times relevant

25 herein an agency of the United States Department of Homeland Security, organized and existing

26 under the laws of the United States. The United States is vicariously liable for the misconduct of

27 its agents and employees, and is directly liable for failure to supervise employees properly, failure

28 to properly train employees and failure to implement sufficient procedures to guard against the

08561.023 ,737549v 1

3
FIRST AMENDED COMPLAINT

Case No. C07-2271-SBA

Case4:07-cv-02271-SBA Document22 Filed11/19/07 Page4 of 10

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1 torts that occurred in this case. Individual defendants ALCANTAR, WILLIAMS, MARTINEZ,

2 and DOES 3-50, were at all relevant times acting as the agents, employees, and/or representatives

3 of Defendant United States of America and in engaging in the conduct alleged herein were acting

4 within the course and scope of their agency and employment and with the knowledge, consent,

5 permission, authorization or ratification, either express or implied, of Defendant United States of

6 America.

7

10.

Plaintiff is ignorant of the true names and capacities of the defendants sued as

8 DOES 3-50. At all relevant times, Defendants DOES 3 through 50 (also referred to hereinafter as

9 the "DOE defendants"), each of whom Plaintiff sues in his or her individual capacity, were agents,

10 employees, or otherwise representatives oflCE or other federal agencies. At all relevant times,

11 DOES 3 through 50 were acting under color of federal law. Plaintiff is informed and believes and

12 thereon alleges that that many, if not all, of DOES 3 through 50 are residents of the Northern

13 District of California. Plaintiff is informed and believes and thereon alleges that DOES 3 through

14 50, inclusive, are legally responsible for the wrongs committed against Plaintiff, as alleged herein.

15 When Plaintiff becomes aware of the true identities of one or more DOE defendants, Plaintiff will

16 amend his complaint to add or substitute them as named Defendants.

17

11.

Plaintiff is informed and believes and thereon alleges that the Defendants Nancy

18 Alcantar, John P. Martinez, Gregory J. Williams and the DOE defendants caused, and are liable

19 for the unconstitutional and unlawful conduct and resulting injuries, by, among other things,

20 personally participating in said conduct or acting jointly with others who did so; by authorizing,

21 acquiescing or setting in motion policies, plans or actions that led to the unlawful conduct; by

22 failing to take action to prevent the unlawful conduct; by failing or refusing with deliberate

23 indifference to maintain adequate training and supervision; and/or by ratifying the unlawful

24 conduct taken by employees under their direction and control.

25

FACTS GIVING RISE TO THE CLAIMS

26

12.

On March 6, 2007, Defendants seized Kebin, a United States citizen, and took him

27 into their custody, without lawful cause and without a warrant for his arrest, at his residence in San

28 Rafael, California.

0856 L023.737549vl

4
FIRST AMENDED COMPLAINT

Case No. C07-2271-SBA

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Defendants arrived at Kebin's residence in the early morning hours of March 6,

2 2007. Armed and wearing clothes bearing the word "police," Defendants entered the residence

3 and demanded the immigration papers and passports of Kebin and his father. Upon information

4 and belief, Defendants did not have lawful authorization or a valid warrant for entering the home.

5 No resident consented that Defendants could enter the home. Kebin's father provided Defendants

6 with Kebin's U.S. passport, identifying Kebin as a United States citizen. Kebin's father truthfully

7 answered the questions asked of him.

8

14.

Defendants informed Kebin's father that they were taking him into custody.

9 Despite being placed on notice that Kebin is a United States citizen, Defendants instructed his

10 father to waken Kebin because they were going to seize him as well. Kebin's father requested

11 repeatedly that Defendants permit him to make a phone call to a family member living nearby who

12 could care for Kebin so that he would not be taken into forced custody. But Defendants refused to

13 permit Kebin's father to make a phone call. Defendants seized Kebin and his father. Defendants

14 took Kebin and his father to an ICE office in San Francisco and held them there against their will.

15

15.

At the ICE office, Kebin's father again requested to make a phone call to arrange

16 for Kebin's care, but Defendants did not allow him to make a phone call. Defendants told Kebin

17 that he would only need to stay at the ICE office for an hour or two. Instead, they held him in a

18 locked room all day against his will. Kebin thought he was injail. Defendants refused to give

19 Kebin any food, other than bread and water. Kebin was hungry and crying. He did not know

20 when he would be free to leave.

21

16.

That afternoon, a family member and family friend who had learned about the

22 incident from others in the neighborhood, came to the ICE office to seek Kebin's release and to

23 bring Kebin home. Defendants forced Kebin to remain in custody, without cause, for several more

24 hours, until evening, before they released him.

25

17.

As a direct and proximate result of Defendants' conduct, Kebin has been harmed.

26 His harm includes but is not limited to:

27

(a) being detained, arrested or seized and being detained and held for a period

28 of approximately 12 hours;

08561.023.737549vi

5
FIRST AMENDED COMPLAINT

Case No. C07-2271-SBA

Case4:07-cv-02271-SBA Document22 Filed11/19/07 Page6 of 10

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(b) being deprived of food, other than bread and water, for a period of

2 approximately 12 hours;

3

(c) being denied the opportunity to make a phone call or to have one made for

4 him to arrange for his care;

5

(d) pain and suffering; and

6

(e) being subject to intimidation and inflicted with emotional and mental

7 distress.

8

18.

Plaintiff is informed and believes and thereon alleges that the above-described acts

9 of Defendants were done knowingly, intentionally, maliciously, with deliberate, reckless or

10 callous indifference to Plaintiff's security, freedom, and civil and constitutional rights, or with

11 intent to injure, harass, and oppress Plaintiff. Accordingly, Plaintiff is entitled to an award of

12 punitive damages against Defendants.

13

FIRST CLAIM FOR RELIEF

14

(Violation of Fourth Amendment and Title 8 United States Code Section 1357)

15

(Against Defendants Alcantar, Martinez, Williams, and DOES 3-50)

16

19.

Plaintiff hereby incorporates paragraphs 1 through 18 above and each allegation

17 therein as though fully set forth herein.

18

20.

The Fourth Amendment to the United States Constitution provides that each person

19 has the right to be secure in his or her person, houses, papers, and effects, against unreasonable

20 searches and seizures.

21

21.

By committing the above-described acts, Defendants violated Plaintiff's rights

22 under the Fourth Amendment to the United States Constitution.

23

22.

The conduct of Defendants violated clearly established constitutional or other

24 rights of which Defendants knew, or of which a reasonable public official should have known.

25 Defendants exceeded their authority to make detentions, searches, seizures and arrests, including

26 the limitations set forth in Title 8 United States Code Section 1357.

27

23.

Plaintiff has no effective administrative mechanism or other remedy at law by

28 which to seek the proper measure of damages for these constitutional wrongs.

08561.023.737549vl

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FIRST AMENDED COMPLAINT

Case No. C07-2271-SBA

Case4:07-cv-02271-SBA Document22 Filed11/19/07 Page7 of 10

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1

SECOND CLAIM FOR RELIEF

2

(Violation of Fifth Amendment)

3

(Against Defendants Alcantar, Martinez, Williams, and DOES 3-50)

4

24.

Plaintiff refers to and incorporates paragraphs 1 through 23 as though fully set forth

5 herein.

6

25.

The Fifth Amendment to the United States Constitution requires that no person

7 shall be deprived of life, liberty or property without due process of law.

8

26.

By committing the above-described acts, Defendants violated Plaintiff's rights

9 under the substantive due process andlor procedural due process clauses of the Fifth Amendment

10 to the United States Constitution.

11

27.

The conduct of Defendants violated clearly established constitutional or other

12 rights of which defendants knew, or of which a reasonable public official should have known.

13

28.

Plaintiff has no effective administrative mechanism or other remedy at law by

14 which to seek the proper measure of damages for these constitutional wrongs.

15

THIRD CLAIM FOR RELIEF

16

(False Arrest and Imprisonment)

17

(Against Defendant United States of America)

18

29.

Plaintiff refers to and incorporates paragraphs 1 through 28 as though fully set forth

19 herein.

20

30.

By committing the above-described acts, defendant United States acting through its

21 employees, agents, andlor representatives falsely arrested and/or imprisoned Kebin, causing the

22 harms herein alleged. The United States' employees, agents, andlor representatives intended to

23 stop, arrest, detain, confine, restrain andlor seize Kevin, without his or his father's consent, without

24 an arrest warrant for Kebin, without lawful authority, and without probable cause.

25

FOURTH CLAIM FOR RELIEF

26

(Intentional Infliction of Emotional Distress)

27

(Against Defendant United States of America)

28

31.

Plaintiff refers to and incorporates paragraphs 1 through 30 as though fully set forth

08561.023.737549vl

7
FIRST AMENDED COMPLAINT

Case No. C07-2271-SBA

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The conduct of defendant Untied States as alleged above was extreme and

3 outrageous, and Plaintiff is informed and believes that the United States' employees or agents

4 engaged in such conduct with the intent of causing, or reckless disregard for the probability of

5 causing, Plaintiffs severe emotional/mental distress. As a proximate result of such conduct,

6 Plaintiff has experienced severe emotional and mental distress, fear, anxiety, and other emotional

7 and mental trauma.

8

FIFTH CLAIM FOR RELIEF

9

(Negligence)

10

(Against Defendant United States of America)

11

33.

Plaintiff refers to and incorporates paragraphs 1 through 32 as though fully set forth

12 herein.

13

34.

Defendant Untied States owed Plaintiff a duty of care not to cause him the harms

14 herein alleged. By committing the above-described acts, including through its employees and

15 agents, defendant United Sates breached its duty of care and proximately caused harm to plaintiff

16 Kebin Reyes.

17

SIXTH CLAIM FOR RELIEF

18

19

20

35.

(Violation of California Constitution) (Against Defendant United States of America) Plaintiff refers to and incorporates paragraphs 1 through 34 as though fully set forth

21 herein.

22

36.

By engaging in the above-described acts, defendant United States violated

23 Plaintiffs rights under Article I, section 1 of the California Constitution.

24

PRAYER

25

Plaintiff prays that judgment be entered in his favor and the following relief be granted:

26

1. Actual and compensatory damages against each and every Defendant in an amount

27 to be determined;

28

2. Punitive or exemplary damages against Defendants Alcantar, Martinez, Williams

08561.023 .737549v I

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FIRST AMENDED COMPLAINT

Case No. C07-2271-SBA

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1 and DOES 3-50 to the extent permitted by law;

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3. Attorneys' fees and costs of suit against each and every Defendant, pursuant to all

3 applicable statutory, common law, or constitutional provisions; and

4

4. Such additional relief as the Court may deem just and proper.

.1, 5 Dated: November 2007

COBLENTZ, PATCH, DUFFY & BASS LLP

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Howard . Slavltt

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Attorneys for Plaintiff

10

KEBIN REYES, a minor, by and through his father and guardian, NOE REYES

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08561.023.737549vl

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FIRST AMENDED COMPLAINT

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DEMAND FOR JURY TRIAL

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Plaintiff hereby demands a trial by jury on all issues so triable to the full extent permitted

3 by law.

4 Dated: NovemberL, 2007

COBLENTZ, PATCH, DUFFY & BASS LLP

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Attorneys for Plaintiff

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KEBIN REYES, a minor, by and through his father and guardian, NOE REYES

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08561.023.737549v I

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FIRST AMENDED COMPLAINT

Case No. C07-2271-SBA

 
 Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page1 of 21

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HOWARD A. SLAVITT (State Bar No. 172840) ef-has@cpdb.com , 1 KATHERINE C. ZARATE (State Bar No. 214922) ef-kcz@cpdb.com
COBLENTZ, PATCH, DUFFY & BASS LLP 2 One Ferry Building, Suite 200
San Francisco, California 94111-4213 3 Tel. 415-391-4800 / Fax 415-989-1663

4 ROBERT RUBIN (CA SBN 85084) rrubin@lccr.com PHILIP HWANG (CA SBN 185070) phwang@lccr.com
5 LAWYERS' COMMITTEE FOR CIVIL RIGHTS 131 Steuart Street, Suite 400
6 San Francisco, CA 94105 Tel. 415-543-9444 / Fax 415-543-0296
7
JULIA HARUMI MASS (CA SBN 189649) jmass@aclunc.org 8 ALAN L. SCHLOSSER (CA SBN 49957) aschlosser@aclunc.org
AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF 9 NORTHERN CALIFORNIA
39 Drumm Street 10 San Francisco, CA 94111
Tel. 415-621-2493 / Fax 415-225-8437
11
LUCAS GUTTENTAG (CA SBN 90208) lguttentag@aclu.org 12 AMERICAN CIVIL LIBERTIES UNION FOUNDATION
IMMIGRANTS' RIGHTS PROJECT 13 39 Drumm Street
San Francisco, CA 94111 14 Tel. 415-343-0770 / Fax 415-395-0950

15 Attorneys for KEBIN REYES, a minor, by and through his father and guardian, NOE REYES
16

UNITED STATES DISTRICT COURT 17

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 18

KEBIN REYES, a minor, by and through his 19 father and guardian NOE REYES,

20

Plaintiff,

21

v.

Case No. C07-2271-SBA
JOINT MOTION SEEKING APPROVAL OF SETTLEMENT, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

22 NANCY ALCANTAR, San Francisco Field Office Director for Detention and Removal
23 Services, Immigration Customs Enforcement, in her individual capacity; JOHN P. MARTINEZ,
24 in his individual capacity; GREGORY J. WILLIAMS in his individual capacity;
25 UNITED STATES OF AMERICA, and DOES 3 through 50 inclusive,
26
Defendants. 27

28 08561.023.880253v3

Case No. C07-2271-SBA

JOINT MOTION SEEKING APPROVAL OF SETTLEMENT, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page2 of 21

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Plaintiff Kebin Reyes, a minor, by and through his father and guardian, Noe Reyes, and

2 Defendants United States of America, Nancy Alcantar, Gregory J. Williams, and John P.

3 Martinez, jointly move to have the Court approve their settlement and enter an order establishing a

4 blocked custodial account. This motion is based on this motion and memorandum of points and

5 authorities, the declaration of Katherine C. Zarate filed herewith and the pleadings and filings of

6 record in this case. 7

DISCUSSION

8

On March 7, 2008, the parties participated in a settlement conference in front of Magistrate

9 Judge Elizabeth Laporte. After several hours of negotiations, the parties agreed to a settlement,

10 which was placed on the record. The parties hereby seek approval of the attached Stipulation and

11 Agreement of Compromise and Settlement, which includes an order establishing a blocked

12 account and the conditions of withdrawal there from. The order establishing a blocked account for

13 the settlement proceeds is appropriate because plaintiff, Kebin Reyes, is a minor.

14

At the settlement conference, and since, the parties have negotiated at arm's-length. The

15 settlement was based on a discussion of the merits of plaintiffs claims, the likely defenses, the

16 probability of success, and a compromise that would compensate plaintiff for his alleged damages.

17

Counsel for plaintiff believes that this settlement is in the interests of plaintiff Kebin

18 Reyes, a minor, because, among other reasons:

19

1. His father, who has acted as guardian ad litem throughout the litigation,

20 participated at the settlement conference; agreed to the settlement terms on the record at the 21 settlement conference; and has since approved of and signed the written settlement agreement.

22

2. The settlement proceeds will benefit Kebin Reyes. Of the $30,000 being paid to

23 settle the case, only $1,400 will be paid to plaintiffs counsel, Coblentz, Patch, Duffy & Bass LLP

24 as partial reimbursement for costs incurred on plaintiffs behalf in this proceeding. The remainder 25 shall be deposited in an insured account in a financial institution consistent with the California

26 Probate Code, including Section 3611(b). Absent further court order, the only funds that may be 27 withdrawn from the blocked account before Kebin's eighteenth birthday are either (a) to pay

28 08561023.880253v3

1

Case No. C07-2271-SBA

JOINT MOTION SEEKING APPROVAL OF SETTLEMENT, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page3 of 21

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1 federal or state income taxes attributable to the settlement proceeds (see [Proposed] Order

2 Establishing Blocked Custodial Account and Conditions of Withdrawal Therefrom, attached as

3 Exh. B, hereto, ¶ 4 ), or (b) interest earned on the funds, which interest the custodian of the

4 account shall pay directly to Kebin Reyes or shall expend for Kebin's sole and exclusive benefit.

5 (See Exh. B at 5.) The custodian is Noe Reyes, Kebin's father, who has acted as his guardian ad

6 litem in this litigation.

7

3. The other principal consideration received by plaintiff under the settlement is that

8 plaintiffs father, Noe Reyes, shall receive a two-year period of deferred action status, subject to 9 biennial reviews for extension of such status, if a final order of removal is ultimately entered

10 against Noe Reyes. (See Stipulation and Agreement of Compromise and Settlement, attached as

11 Exhibit A, hereto, ¶ 4.) This will directly benefit Kebin Reyes because it means that Kebin can 12 continue to live in the United States and be educated here during the period of deferred action

13 status. Even if Kebin's father is ultimately required to leave the United States (and Kebin leaves 14 with him), having been educated for several more years in the United States will make it easier for 15 Kebin, a United States citizen, to adjust to life here, if he later chooses to return to the United

16 States.

17

4. The amount of costs requested for plaintiffs counsel, $1,400, is reasonable and

18 appropriate. It is only a fraction of the out-of-pocket costs incurred by plaintiffs counsel. The fee

19 agreement between plaintiff and plaintiffs counsel provided for the recovery of costs. Also,

20 plaintiffs counsel did not receive any fees for the time expended on this litigation because it was a
21 pro bono engagement. (Declaration of Katherine Zarate, TT 3-6.)

22

In light of the foregoing, the settlement protects Kebin Reyes' interests. The parties jointly

23 request that the Court find that this settlement is a fair compromise of Kebin Reye's claims and

24 that it protects his interests as a minor, and that the Court approve the Settlement attached hereto 25 as Exhibit A and the [Proposed] Order Establishing Blocked Custodial Account attached hereto as

26 Exhibit B.

27 I/

28
08561.023.880253v3

2

Case No. C07-2271-SBA

JOINT MOTION SEEKING APPROVAL OF SETTLEMENT, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

• •
Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page4 of 21

1 // 2 // 3 4
Dated: June 20, 2008 5 6 7

Respectfully submitted,
COBLENTZ, PATCH, DUFFY & BASS, LLP
By: /S/ HOWARD A. SLAVITT Attorneys for KEBIN REYES, a minor, by and through his father and guardian, NOE REYES

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Dated: June 20, 2008

ASSISTANT UNITED STATES ATTORNEY

12

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By: /S/

EDWARD OLSEN

14

Attorney for Defendants Nancy Alcantar,

John P. Martinez, Gregory J. Williams, and the

15

United States of America

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08561.023.880253v3

3

Case No. C07-2271-SBA

JOINT MOTION SEEKING APPROVAL OF SETTLEMENT, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page5 of 21
Exhibit A

• ▪ Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page6 of 21

1 HOWARD A. SLAVITT (State Bar No. 172840) ef-has@cpdb.com , KATHERINE C. ZARATE (State Bar No. 214922) ef-kcz@cpdb.com
2 COBLENTZ, PATCH, DUFFY & BASS LLP One Ferry Building, Suite 200
3 San Francisco, California 94111-4213 Tel. 415-391-4800 / Fax 415-989-1663
4 ROBERT RUBIN (CA SBN 85084) rrubin@lccr.com
5 PHILIP HWANG (CA SBN 185070) phwang@lccr.com LAWYERS' COMMITTEE FOR CIVIL RIGHTS
6 131 Steuart Street, Suite 400 San Francisco, CA 94105
7 Tel. 415-543-9444 / Fax 415-543-0296

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8 JULIA HARUMI MASS (CA SBN 189649) jmass@aclunc.org ALAN L. SCHLOSSER (CA SBN 49957) aschlosser@aclunc.org
9 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA
1 0 39 Drumm Street San Francisco, CA 94111
11 Tel. 415-621-2493 / Fax 415-225-8437

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Attorneys for KEBIN REYES, a minor, by and through his father and guardian, NOE REYES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

19 KEBIN REYES, a minor, by and through his
father and guardian NOE REYES,
20 Plaintiff,
21 v.
22 NANCY ALCANTAR, San Francisco Field
23 Office Director for Detention and Removal Services, Immigration Customs Enforcement, in
24 her individual capacity; JOHN P. MARTINEZ, in his individual capacity; GREGORY J.
25 WILLIAMS in his individual capacity; UNITED STATES OF AMERICA, and DOES
26 3 through 50 inclusive,

Case No. C07-2271-SBA
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT; AND [PROPOSED] ORDER

27

Defendants.

28

08561 023 862783v2

Case No. C07-2271-SBA

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT; AND [PROPOSED] ORDER

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page7 of 21

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IT IS HEREBY STIPULATED by and between Plaintiff Kebin Reyes, a minor, by and

2 through his father and guardian, Noe Reyes, and Defendants United States of America, Nancy

3 Alcantar, Gregory J. Williams, and John P. Martinez, by and through their respective attorneys as

4 follows:

5

1. The parties do hereby agree to settle and compromise the above-entitled action

6 under the terms and conditions set forth herein.

7

2. The plaintiff agrees to voluntarily dismiss his claims in the above-captioned action

8 against NANCY ALCANTAR, GREGORY J. WILLIAMS, and JOHN P. MARTINEZ with

9 prejudice pursuant to Federal Rule of Civil Procedure 41(a).

10

3. The United States of America agrees to pay to Plaintiff the sum of Thirty Thousand

11 Dollars and no cents ($30,000.00) under the terms and conditions set forth herein.

12

4. The United States of America further agrees that, if a final order of removal is

13 ultimately entered against Noe Reyes, the United States Immigration and Customs Enforcement

14 will favorably grant him a request for a two-year period of deferred action status, subject to

15 biennial reviews for extension of such status. As an alien in deferred action status, Noe Reyes

16 may be granted employment authorization, upon application. While he has deferred action status,

17 the United States of America will not seek to remove or detain Noe Reyes for any immigration or

18 removal-related purposes, unless he engages in criminal activity that would subject him to another

19 ground of removability under the Immigration and Nationality Act. The deferred action status will

20 not accord any rights to permanent residence.

21

5. The plaintiff and his heirs, executors, administrators, assigns and attorneys hereby

22 agree to accept the sum of Thirty Thousand Dollars and no cents ($30,000) as well as the

23 provision regarding deferred action specified in Paragraph Four, in full settlement and satisfaction

24 of the claims raised in this action against the United States under the terms and conditions set forth

25 herein.

26

6. It is also agreed, by and among the parties, that the settlement amount of Thirty

27 Thousand Dollars and no cents ($30,000) represents the entire amount payable to plaintiff and his

28 heirs, executors, administrators, assigns and attorneys.

08561 023 862783v2

I

Case No. C07-2271-SBA

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT; AND [PROPOSED) ORDER

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page8 of 21

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7. It is also agreed, by and among the parties, that the settlement amount of Thirty

2 Thousand Dollars and no cents ($30,000) shall be made payable to Coblentz, Patch, Duffy & Bass

3 LLP Client Trust Account. The check will be mailed to the plaintiffs attorney at the following

4 address: Howard Slavitt, Esq., Coblentz, Patch, Duffy & Bass, One Ferry Building, Suite 200,

5 San Francisco, California 94111. Of the $30,000, One Thousand Four Hundred Dollars and no

6 cents ($1,400) shall be paid to Coblentz, Patch, Duffy & Bass, LLP as partial reimbursement for

7 costs incurred on plaintiff's behalf in this proceeding. The remainder of $28,600 shall be

8 deposited in an insured account in a financial institution as set forth in Exhibit A, hereto.

9

8. It is also agreed, by and among the parties, that the respective parties will each bear

10 their own costs, fees, and expenses, and that any attorney's fees owed by the plaintiff will be paid

11 out of the settlement amount and not in addition thereto.

12

9. It is also understood by and among the parties that, pursuant to Title 28, United

13 States Code, Section 2678, attorneys' fees for services rendered in connection with this action shall

14 not exceed 25 percent of the amount of the compromise settlement.

15

10. The persons signing this Settlement Agreement warrant and represent that they

16 possess full authority to bind the persons on whose behalf they are signing to the terms of the

17 settlement.

18

11. This stipulation for compromise settlement shall not constitute an admission of

19 liability or fault on the part of the United States, its agencies, agents, servants, or employees, and

20 is entered into by the parties for the purpose of compromising disputed claims and avoiding the

21 expenses and risks of litigation.

22

12. In consideration of the payment of Thirty Thousand Dollars and no cents ($30,000)

23 as well as the provision regarding deferred action specified in Paragraph Four, the plaintiff

24 releases and forever discharges the defendants, and any and all of their past and present agencies,

25 officials, employees, agents, attorneys, successors, and assigns from any and all obligations,

26 damages, liabilities, causes of action, claims, and demands of any kind and nature whatsoever,

27 whether suspected or unsuspected, arising in law or equity, arising from or by reason of any and

28 all known, unknown, foreseen, or unforeseen injuries, and the consequences thereof, resulting

08561.023.862783v2

2

Case No. C07-2271-SBA

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT; AND (PROPOSED] ORDER

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page9 of 21

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1 from the facts, circumstances and subject matter that gave rise to this action, including all claims

2 under the Federal Tort Claims Act (FTCA), all constitutional or Bivens claims, any other claim

3 relating to the events on March 6, 2007, and all claims relating to the prosecution and defense of

4 this action.

5

13. In consideration of the dismissal with prejudice, the release in Paragraph Twelve,

6 and the other terms of this Settlement Agreement, each of the defendants releases and forever

7 discharges plaintiff, and any and all of his past and present employees, agents, parents, guardians

8 ad litem, attorneys, successors, and assigns from any and all obligations, damages, liabilities,

9 causes of action, claims, and demands of any kind and nature whatsoever, whether suspected or

10 unsuspected, arising in law or equity, arising from or by reason of any and all known, unknown,

11 foreseen, or unforeseen injuries, and the consequences thereof, resulting from the facts,

12 circumstances and subject matter that gave rise to this action, including all claims under the

13 Federal Tort Claims Act (FTCA), all constitutional or Bivens claims, any other claim relating to

14 the events on March 6, 2007, and all claims relating to the prosecution and defense of this action.

15

14. The provisions of California Civil Code Section 1542 are set forth below:

16

"A general release does not extend to claims which the creditor does

not know or suspect to exist in his favor at the time of executing the

17

release, which if known by him must have materially affected his

settlement with the debtor."

18

19 The plaintiff and each of defendants having been apprised of the statutory language of California

20 Civil Code Section 1542 by his, her or its attorneys, and fully understanding the same,

21 nevertheless elects to waive the benefits of any and all rights he, she or it may have pursuant to the

22 provision of that statute and any similar provision of federal law. Plaintiff and each of defendants

23 understands that, if the facts concerning plaintiffs injuries and the liability of the government or

24 any of defendants for damages pertaining thereto are found hereinafter to be other than or different

25 from the facts now believed by them to be true, the Agreement shall be and remain effective

26 notwithstanding such material difference.

27

15. This Agreement may be pled as a full and complete defense to any subsequent

28 action or other proceeding involving any person or party which arises out of the claims released

08561.023.862783v2

3

Case No. C07-2271-SBA

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT; AND (PROPOSED) ORDER

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page10 of 21

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16. In consideration of this Agreement and the payment of the foregoing amount

3 thereunder, Plaintiff agrees that his counsel will immediately upon execution of this agreement,

4 execute a Stipulation of Dismissal, which stipulation shall dismiss, with prejudice, all claims

5 asserted in this action or any claims that could have been asserted in this action, which is

6 captioned Reyes v. Alcantar, et al., C-07-2271-SBA. This fully executed Stipulation of Dismissal

7 will be held by counsel for the defendants. It will not be filed with the Court until receipt by

8 plaintiffs counsel of the settlement amount.

9

17. Plaintiff has been informed that, although it is expected that payment will be made

10 within 120 days, it may take more than 120 days to process.

11

18. The parties agree that should any dispute arise with respect to the implementation

12 of the terms of this Agreement, Plaintiff shall not seek to rescind the Agreement and pursue his

13 original causes of action. Plaintiffs sole remedy in such a dispute is an action to enforce the

14 Agreement in district court. The parties agree that the District Court of the Northern District of

15 California will retain and shall have jurisdiction over this matter for the purposes of resolving any

16 dispute alleging a breach of this Agreement.

17

19. Each of the parties acknowledges that they have been represented by and have

18 relied upon independent counsel in negotiating, preparing and entering into this agreement and

19 they have had the contents of this agreement fully explained by counsel and that they are fully

20 aware of and understand all of the terms of the agreement and the legal consequences thereof. It is

21 further acknowledged that the parties have mutually participated in the drafting of this agreement

22 and it is agreed that no provision herein shall be construed against any party hereto by virtue of the

23 drafting of this agreement.

24

20. If any provision of this agreement shall be held invalid, illegal, or unenforceable,

25 the validity, legality, and enforceability of the remaining provisions shall not in any way be

26 affected or impaired thereby.

27

21. This agreement shall constitute the entire agreement between the parties, and it is

28 expressly understood that this agreement has been freely and voluntarily entered into by the parties

08561 023 862783y2

4

Case No. C07-2271-SBA

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT; AND [PROPOSED' ORDER

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page11 of 21

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22. The parties agree that this Stipulation and Agreement of Compromise and

5 Settlement may be made public in its entirety, and plaintiff expressly consents to such release and

6 disclosure pursuant to 5 U.S.C. § 522a(b).

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KEBIN REYES

Plaintiff, a minor, by and through his father

and guardian ad litem, Noe Reyes

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NOE REYES Plaintiffs Father

15 Dated: May 2008 16
17 Dated: May _____, 2008
18
19 Dated: May 2008
20

NANCY ALCANTAR JOHN P. MARTINEZ GREGORY J. WILLIAMS

Dated: May 2008

23
24 25
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26 27 I / /

UNITED STATES OF AMERICA by and
through, JOSEPH P. RUSSONIELLO United States Attorney, EDWARD A. OLSEN Assistant United States Attorney

28 / / /

08561023.862783v2

5

Case No. C07-2271-SBA

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT; AND (PROPOSED) ORDER

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page12 of 21

I hereto with the advice of counsel, who have explained the legal effect of this agreement. The

2 parties further acknowledge that no warranties or representations have been made on any subject

3 other than as set forth in this agreement.

4

22. The parties agree that this Stipulation and Agreement of Compromise and

5 Settlement may be made public in its entirety, and plaintiff expressly consents to such release and

6 disclosure pursuant to 5 U.S.C. § 522a(b).

7

23. This agreement may not be altered, modified or otherwise changed in any respect

8 except in writing, duly executed by all of the parties or their authorized representatives.

9 Dated: May r, 2008 10 11 12 Dated: May ____, 2008 13 14

KEBIN REYES Plaintiff, a minor, by and through his father and guardian ad litem, Noe Reyes
NOE REYES Plaintiffs Father

15 Dated: Mar22, 2008 16
17 Dated: May 2008
18
19 Dated: May ___, 2008
20
21 Dated: May ____, 2008
22

NCY ALCANTAR JOHN P. MARTINEZ GREGORY J. WILLIAMS

23
24 25
Approved as to form: 26 27 Dated: May ____, 2008

UNITED STATES OF AMERICA by and through, JOSEPH P. RUSSONIELLO United States Attorney, EDWARD A. OLSEN Assistant United States Attorney

28

08561 023 862783s.2

5

Case No. C07-2271-SBA

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT; AND (PROPOSED! ORDER

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page13 of 21

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hereto with the advice of counsel, who have explained the legal effect of this agreement. The

2 parties further acknowledge that no warranties or representations have been made on any subject

3 other than as set forth in this agreement.

4

22. The parties agree that this Stipulation and Agreement of Compromise and

5 Settlement may be made public in its entirety, and plaintiff expressly consents to such release and

6 disclosure pursuant to 5 U.S.C. § 522a(b).

7

23. This agreement may not be altered, modified or otherwise changed in any respect

8 except in writing, duly executed by all of the parties or their authorized representatives.

9 Dated: May 2008

10

KEB IN REYES

Plaintiff, a minor, by and through his father

11

and guardian ad litem, Noe Reyes

12 Dated: May 2008
13
14

NOE REYES Plaintiffs Father

15 Dated: May 2008
16

17
Dated: Maya?: 2008
18

19
Dated: May 2008
20
21
Dated: May ____, 2008
22

GREGORY J. WILLIAMS

23
24
25 Approved as to form:
26
27 Dated: May 2008

UNITED STATES OF AMERICA by and through, JOSEPH P. RUSSONIELLO United States Attorney, EDWARD A. OLSEN Assistant United States Attorney

28

08561 023 862783v2

5

Case No. C07-2271-SBA

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT; AND [PROPOSED] ORDER

• •
Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page14 of 21

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1 hereto with the advice of counsel, who have explained the legal effect of this agreement. The

2 parties further acknowledge that no warranties or representations have been made on any subject

3 other than as set forth in this agreement.

4

77. The parties agree that this Stipulation and Agreement of Compromise and

5 Settlement may be made public in its entirety, and plaintiff expressly consents to such release and

6 disclosure pursuant to 5 U.S.C. 522a(b).

7

23. This agreement may not he altered, modified or otherwise changed in any respect

8 except in writing, duly executed by all of the parties or their authorized representatives.

9 Dated: May 2008

10

12 Dated: May 13 14

2008

KEBIN REYES Plaintiff, a minor, by and through his father and guardian ad litem, Noe Reyes
NOE REYES Plaintiff's Father

15
Dated: May 16

2008

17 Dated: May
18

2008

19 Dated: Maya, 2008
20

NANCY ALCANTAR JOHN P. MARTINEZ

21
Dated: May
22

2008

23
24
25
Approved as to form:
26 27 Dated: May , 2008

UNITED STATES OF AMERICA by and through, JOSEPH P. RUSSONIELLO United States Attorney, EDWARD A. OLSEN Assistant United States Attorney

28

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5

Case No. C07-227 I-SBA

STIPULATION AND .AGREENIENT OF COMPROMISE AND Sri -MEN/ENT: AND !FRC/POSED} ORDER

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page15 of 21

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22. The parties agree that this Stipulation and Agreement of Compromise and

5 Settlement may be made public in its entirety, and plaintiff expressly consents to such release and

6 disclosure pursuant to 5 U.S.C. § 522a(b).

7

23. This agreement may not be altered, modified or otherwise changed in any respect

8 except in writing, duly executed by all of the parties or their authorized representatives.

9 Dated: May ____, 2008

10 1 1 12 Dated: May , 2008 13 14

KEBIN REYES Plaintiff, a minor, by and through his father and guardian ad litem, Noe Reyes
NOE REYES Plaintiffs Father

15 Dated: May ____, 2008
16
17 Dated: May , 2008
18
19 Dated: May 2008
20
21 Dated: M y. 2008
22

NANCY ALCANTAR JOHN P. MARTINEZ GREGO Y J. WILLIAMS

23
24
25 Approved as to form:
26 27 Dated: May ___, 2008

S ATES OF AMERICA by and through, JOSEPH P. RUSSONIELLO United States Attorney, EDWARD A. OLSEN Assistant United States Attorney

28

08561.023 862783 v2

5

Case No. C07-2271-SBA

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT; AND [PROPOSED' ORDER

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page16 of 21

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2 3 Dated: Ma , 2008

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HOWARD SLAVITT

5

Attorneys for Plaintiff

6

7
PROPOSED) ORDER 8

9
APPROVED AND SO ORDERED. 10

11 Dated:
12
13

ELIZABETH D. LAPORTE United States District Court Magistrate Judge

14

15

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20

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22

23

24

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08561 023 862783v2

6

Case No. C07-2271-SBA

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT; AND (PROPOSED] ORDER

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page17 of 21
Exhibit B

-
Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page18 of 21

1

HOWARD A. SLAVITT (State Bar No. 172840) ef-has@cpdb.com , KATHERINE C. ZARATE (State Bar No. 214922) ef-kcz@cpdb.com

COBLENTZ, PATCH, DUFFY & BASS LLP 2 One Ferry Building, Suite 200

San Francisco, California 94111-4213 3 Tel. 415-391-4800 / Fax 415-989-1663

4 ROBERT RUBIN (CA SBN 85084) rrubin@lccr.com PHILIP HWANG (CA SBN 185070) phwang@lccr.com
5 LAWYERS' COMMITTEE FOR CIVIL RIGHTS 131 Steuart Street, Suite 400
6 San Francisco, CA 94105
Tel. 415-543-9444 / Fax 415-543-0296 7

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JULIA HARUMI MASS (CA SBN 189649) jmass@aclunc.org ALAN L. SCHLOSSER (CA SBN 49957) aschlosser@aclunc.org AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA 39 Drumm Street San Francisco, CA 94111 Tel. 415-621-2493 / Fax 415-225-8437
LUCAS GUTTENTAG (CA SBN 90208) Iguttentag@aclu.org AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS' RIGHTS PROJECT 39 Drumm Street San Francisco, CA 94111 Tel. 415-343-0770 / Fax 415-395-0950
Attorneys for KEBIN REYES, a minor, by and through his father and guardian, NOE REYES
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

KEBIN REYES, a minor, by and through his

Case No. C07-2271-SBA

w

19 father and guardian NOE REYES,

20

Plaintiff,

[PROPOSED] ORDER ESTABLISHING BLOCKED CUSTODIAL ACCOUNT AND

21
0

v.

CONDITIONS OF WITHDRAWAL THEREFROM

22 NANCY ALCANTAR, San Francisco Field Office Director for Detention and Removal
23 Services, Immigration Customs Enforcement, in her individual capacity; JOHN P. MARTINEZ,
24 in his individual capacity; GREGORY J. WILLIAMS in his individual capacity;
25 UNITED STATES OF AMERICA, and DOES 3 through 50 inclusive,
26
Defendant. 27

28
Case No. C07-2271-SBA
[PROPOSED] ORDER ESTABLISHING BLOCKED ACCOUNT AND CONDITIONS OF WITHDRAWAL THEREFROM

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page19 of 21

1

Good cause appearing to set up a blocked custodial account for Kebin Reyes, a minor, to

2 provide for certain amounts to be disbursed on a monthly basis to his father and guardian, Noe

3 Reyes, to expend for Kebin's benefit, and to permit Kebin Reyes to withdraw as much of the

4 remaining balance as he may elect at any time after the date of his eighteenth birthday, it is hereby

5 ORDERED that:

6

1. The law firm of Coblentz, Patch, Duffy & Bass LLP, as attorneys for Plaintiff

7 Kebin Reyes, is authorized and directed to distribute the settlement proceeds initially payable to

8 and deposited in its client trust account, on behalf of Plaintiff, in the amount of $28,600 to

9 establish a blocked custodial account under California Probate Code Section 3611(b), for the sole

1 0 benefit of Kebin Reyes (the "Blocked Custodial Account"). The Blocked Custodial Account shall

1 1 be established in a reasonably expeditious manner after such funds are received by Coblentz,

12 Patch, Duffy & Bass LLP and shall be an insured account at a financial institution in this state.

13

2. Noe Reyes, the father and legal guardian of Kebin Reyes, shall be named as the

14 initial Custodian for the Blocked Custodial Account with the power to name his successor

15 Custodian to serve in the event he is no longer able to do so. The funds deposited into the Blocked

16 Custodial Account shall be subject to withdrawal only upon the conditions specified in this Order,

17 as set forth below, or by further order of a California state court; provided, however, that Noe

18 Reyes, as Custodian, shall have the authority to manage and invest the assets of such account,

19 either directly or indirectly, in accordance with the standards set forth in California Probate Code

20 Sections 2570 — 2574 and the prudent person standard for investment of custodial funds.

21

3. Pursuant to California Probate Code Section 3611(b), Noe Reyes, the father and

22 legal guardian of Kebin Reyes, is authorized and instructed to open an insured custodial account

23 for the benefit of Kebin Reyes (the "Non-Blocked Custodial Account") as soon as practical after

24 the Blocked Custodial Account is established. The Non-Blocked Custodial Account shall be an

25 insured account established and maintained at the same financial institution that maintains custody

26 of the Blocked Custodial Account. Noe Reyes shall be named as the initial Custodian for the

27 Non-Blocked Custodial Account with the power to name his successor Custodian to serve in the

28

1

Case No. C07-2271-SBA

[PROPOSED] ORDER ESTABLISHING BLOCKED ACCOUNT AND CONDITIONS OF WITHDRAWAL THEREFROM

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page20 of 21

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1 event he is no longer able to do so. The funds deposited into the Non-Blocked Custodial Account

2 shall be subject to withdrawal only upon the conditions specified in this Order, as set forth below,

3 or by further order of a state court.

4

4. Noe Reyes, as Custodian of the Blocked Custodial Account, may request the

5 following withdrawals: (i) a withdrawal from the Blocked Custodial Account, not to exceed the

6 aggregate sum of Six Thousand Dollars ($6,000), for the sole and specific purpose of paying

7 federal and state income taxes on the taxable income attributable to the award of the

8 settlement proceeds to Plaintiff Kebin Reyes for the year in which the settlement proceeds are paid

9 by the United States of America, without further court order; and (ii) a withdrawal from the

10 Blocked Custodial Account, not to exceed the aggregate sum of One Thousand Dollars ($1,000)

11 each year in which such withdrawal may be made as specified below, for the sole and specific

12 purpose of paying federal and state income taxes on the taxable income attributable to Blocked

13 Custodial Account for each tax year following the year in which the United States of America

14 pays the settlement proceeds, without further court order. All such funds shall be disbursed by the

15 financial institution having custody of such account in the form of cashier's or certified checks

16 issued by said institution and made payable directly to the taxing authorities, namely, the United

17 States Treasury and the appropriate state taxing authority. Such checks shall be issued in the

18 relative amounts requested by the Custodian, Noe Reyes.

19

5. Upon the establishment of the accounts described in this Order and continuing until

20 the earlier of the (i) disbursement of all funds deposited into the Blocked Custodial Account or (ii) termination of the Blocked and Non-Blocked Custodial Accounts as set forth below, the financial

institution that maintains custody of such accounts shall initiate a transfer from the Blocked

23 Custodial Account to the Non-Blocked Custodial Account of the amount of interest earned on the

24 Blocked Custodial Account assets that are held in any Time Account, at such time that said 25 interest is earned. Noe Reyes, as Custodian for the Non-Blocked Custodial Account, may

26 withdraw the entire balance of the Non-Blocked Custodial Account at any time, without further

27 court order, provided that Noe Reyes deliver or pay said funds directly to Kebin Reyes, or expend

28

2

Case No. C07-2271-SBA

[PROPOSED] ORDER ESTABLISHING BLOCKED ACCOUNT AND CONDITIONS OF WITHDRAWAL THEREFROM

Case4:07-cv-02271-SBA Document32 Filed06/20/08 Page21 of 21

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1 said funds for Kebin Reyes' sole and exclusive benefit, consistent with California Probate Code

2 Section 3914.

3

6. Noe Reyes, as Custodian of the accounts described above, is hereby ordered and

4 directed to inform Kebin Reyes, no later than the date of Kebin Reyes' eighteenth (18th) birthday,

5 of the existence of the above accounts and of Kebin Reyes' right to withdraw the funds remaining

6 therein.

7

7. Upon the date of Kebin Reyes' eighteenth (18th) birthday, the financial institution

8 that maintains custody of the Blocked Custodial Account and the Non-Blocked Custodial Account

9 may distribute to Kebin Reyes the entire remaining balance of the Blocked Custodial Account and

10 the Non-Blocked Custodial Account, without further court order. The Blocked Custodial Account

11 and the Non-Blocked Custodial Account shall terminate after the remaining balances of both

12 accounts are distributed to Kebin Reyes following the date of his eighteenth (18th) birthday,

13 or sooner by further court order.

14

IT IS SO ORDERED.

15
Dated:
16

17

18 08561.023.844118v8

ELIZABETH D. LAPORTE United States District Court Magistrate Judge

19

20

21

22

23

24

25

26

27

28

3

Case No. C07-2271-SBA

[PROPOSEDj ORDER ESTABLISHING BLOCKED ACCOUNT AND CONDITIONS OF WITHDRAWAL THEREFROM

 
 • •• ▪
Case4:07-cv-02271-SBA Document36 Filed06/25/08 Page1 of 4

HOWARD A. SLAVITT (State Bar No. 172840) ef-has@cpdb.com , 1 KATHERINE C. ZARATE (State Bar No. 214922) ef-kcz@cpdb.com
COBLENTZ, PATCH, DUFFY & BASS LLP 2 One Ferry Building, Suite 200
San Francisco, California 94111-4213 3 Tel. 415-391-4800 / Fax 415-989-1663

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4 ROBERT RUBIN (CA SBN 85084) rrubin@lccr.com PHILIP HWANG (CA SBN 185070) phwang@lccr.com
5 LAWYERS' COMMITTEE FOR CIVIL RIGHTS 131 Steuart Street, Suite 400
6 San Francisco, CA 94105 Tel. 415-543-9444 / Fax 415-543-0296
7
JULIA HARUMI MASS (CA SBN 189649) jmass@aclunc.org 8 ALAN L. SCHLOSSER (CA SBN 49957) aschlosser@aclunc.org
AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF 9 NORTHERN CALIFORNIA
39 Drumm Street San Francisco, CA 94111 Tel. 415-621-2493 / Fax 415-225-8437 11
LUCAS GUTTENTAG (CA SBN 90208) Iguttentag@aclu.org 12 AMERICAN CIVIL LIBERTIES UNION FOUNDATION
IMMIGRANTS' RIGHTS PROJECT 13 39 Drumm Street
San Francisco, CA 94111 14 Tel. 415-343-0770 / Fax 415-395-0950

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Attorneys for KEBIN REYES, a minor, by and through his father and guardian, NOE REYES

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

KEBIN REYES, a minor, by and through his father and guardian NOE REYES,
Plaintiff,
v.

Case No. C07-2271-SBA
[PROPOSED] ORDER ESTABLISHING BLOCKED CUSTODIAL ACCOUNT AND CONDITIONS OF WITHDRAWAL THEREFROM

22 NANCY ALCANTAR, San Francisco Field Office Director for Detention and Removal
23 Services, Immigration Customs Enforcement, in her individual capacity; JOHN P. MARTINEZ,
24 in his individual capacity; GREGORY J. WILLIAMS in his individual capacity;
25 UNITED STATES OF AMERICA, and DOES 3 through 50 inclusive,
26
Defendant. 27

28 Case No. C07-2271-SBA
[PROPOSED] ORDER ESTABLISHING BLOCKED ACCOUNT AND CONDITIONS OF WITHDRAWAL THEREFROM

Case4:07-cv-02271-SBA Document36 Filed06/25/08 Page2 of 4

1

Good cause appearing to set up a blocked custodial account for Kebin Reyes, a minor, to

2 provide for certain amounts to be disbursed on a monthly basis to his father and guardian, Noe

3 Reyes, to expend for Kebin's benefit, and to permit Kebin Reyes to withdraw as much of the

4 remaining balance as he may elect at any time after the date of his eighteenth birthday, it is hereby

5 ORDERED that:

6

1. The law firm of Coblentz, Patch, Duffy & Bass LLP, as attorneys for Plaintiff

7 Kebin Reyes, is authorized and directed to distribute the settlement proceeds initially payable to

8 and deposited in its client trust account, on behalf of Plaintiff, in the amount of $28,600 to

establish a blocked custodial account under California Probate Code Section 3611(b), for the sole

benefit of Kebin Reyes (the "Blocked Custodial Account"). The Blocked Custodial Account shall

be established in a reasonably expeditious manner after such funds are received by Coblentz,

Patch, Duffy & Bass LLP and shall be an insured account at a financial institution in this state.

2. Noe Reyes, the father and legal guardian of Kebin Reyes, shall be named as the

initial Custodian for the Blocked Custodial Account with the power to name his successor

Custodian to serve in the event he is no longer able to do so. The funds deposited into the Blocked

Custodial Account shall be subject to withdrawal only upon the conditions specified in this Order,

as set forth below, or by further order of a California state court; provided, however, that Noe

18 Reyes, as Custodian, shall have the authority to manage and invest the assets of such account,

either directly or indirectly, in accordance with the standards set forth in California Probate Code

Sections 2570 — 2574 and the prudent person standard for investment of custodial funds.

3. Pursuant to California Probate Code Section 3611(b), Noe Reyes, the father and

22 legal guardian of Kebin Reyes, is authorized and instructed to open an insured custodial account

23 for the benefit of Kebin Reyes (the "Non-Blocked Custodial Account") as soon as practical after

24 the Blocked Custodial Account is established. The Non-Blocked Custodial Account shall be an

25 insured account established and maintained at the same financial institution that maintains custody

26 of the Blocked Custodial Account. Noe Reyes shall be named as the initial Custodian for the

27 Non-Blocked Custodial Account with the power to name his successor Custodian to serve in the

28

1

Case No. C07-2271-SBA

IPROPOSEDJ ORDER ESTABLISHING BLOCKED ACCOUNT AND CONDITIONS OF WITHDRAWAL THEREFROM

Case4:07-cv-02271-SBA Document36 Filed06/25/08 Page3 of 4

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1 event he is no longer able to do so. The funds deposited into the Non-Blocked Custodial Account

2 shall be subject to withdrawal only upon the conditions specified in this Order, as set forth below,

3 or by further order of a state court.

4

4. Noe Reyes, as Custodian of the Blocked Custodial Account, may request the

5 following withdrawals: (i) a withdrawal from the Blocked Custodial Account, not to exceed the

6 aggregate sum of Six Thousand Dollars ($6,000), for the sole and specific purpose of paying

7 federal and state income taxes on the taxable income attributable to the award of the

8 settlement proceeds to Plaintiff Kebin Reyes for the year in which the settlement proceeds are paid

9 by the United States of America, without further court order; and (ii) a withdrawal from the

10 Blocked Custodial Account, not to exceed the aggregate sum of One Thousand Dollars ($1,000)

11 each year in which such withdrawal may be made as specified below, for the sole and specific

12 purpose of paying federal and state income taxes on the taxable income attributable to Blocked

13 Custodial Account for each tax year following the year in which the United States of America

14 pays the settlement proceeds, without further court order. All such funds shall be disbursed by the

15 financial institution having custody of such account in the form of cashier's or certified checks

16 issued by said institution and made payable directly to the taxing authorities, namely, the United

17 States Treasury and the appropriate state taxing authority. Such checks shall be issued in the

18 relative amounts requested by the Custodian, Noe Reyes.

19

5. Upon the establishment of the accounts described in this Order and continuing until

20 the earlier of the (i) disbursement of all funds deposited into the Blocked Custodial Account or (ii)

21 termination of the Blocked and Non-Blocked Custodial Accounts as set forth below, the financial

22 institution that maintains custody of such accounts shall initiate a transfer from the Blocked

23 Custodial Account to the Non-Blocked Custodial Account of the amount of interest earned on the

24 Blocked Custodial Account assets that are held in any Time Account, at such time that said

25 interest is earned. Noe Reyes, as Custodian for the Non-Blocked Custodial Account, may

26 withdraw the entire balance of the Non-Blocked Custodial Account at any time, without further

27 court order, provided that Noe Reyes deliver or pay said funds directly to Kebin Reyes, or expend

28

2

Case No. C07-2271-SBA

[PROPOSED] ORDER ESTABLISHING BLOCKED ACCOUNT AND CONDITIONS OF WITHDRAWAL THEREFROM

Case4:07-cv-02271-SBA Document36 Filed06/25/08 Page4 of 4

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6. Noe Reyes, as Custodian of the accounts described above, is hereby ordered and

2 directed to inform Kebin Reyes, no later than the date of Kebin Reyes' eighteenth (18th) birthday,

3 of the existence of the above accounts and of Kebin Reyes' right to withdraw the funds remaining

4 therein.

5

7. Upon the date of Kebin Reyes' eighteenth (18th) birthday, the financial institution

6 that maintains custody of the Blocked Custodial Account and the Non-Blocked Custodial Account

7 may distribute to Kebin Reyes the entire remaining balance of the Blocked Custodial Account and

8 the Non-Blocked Custodial Account, without further court order. The Blocked Custodial Account

9 and the Non-Blocked Custodial Account shall terminate after the remaining balances of both

10 accounts are distributed to Kebin Reyes following the date of his eighteenth (18th) birthday,

or sooner by further court order.

12

IT IS SO ORDERED.

13
14 Dated: June 25, 2008
15 16

ELIZABETH D. LAPORTE United States District Court Magistrate Judge

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Case No. C07-2271-SBA

[PROPOSED] ORDER ESTABLISHING BLOCKED ACCOUNT AND CONDITIONS OF WITHDRAWAL THEREFROM

 
 Case4:07-cv-02271-SBA Document37 Filed06/25/08 Page1 of 2

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1 HOWARD A. SLAVITT (State Bar No. 172840) ef-has@cpdb.com , KATHERINE C. ZARATE (State Bar No. 214922) ef-kcz@cpdb.com
2 COBLENTZ, PATCH, DUFFY & BASS LLP One Ferry Building, Suite 200
3 San Francisco, California 94111-4213 Tel. 415-391-4800 / Fax 415-989-1663
4 ROBERT RUBIN (CA SBN 85084) rrubin@lccr.com
5 PHILIP HWANG (CA SBN 185070) phwang@lccr.com LAWYERS' COMMITTEE FOR CIVIL RIGHTS
6 131 Steuart Street, Suite 400 San Francisco, CA 94105
7 Tel. 415-543-9444 / Fax 415-543-0296

8 JULIA HARUMI MASS (CA SBN 189649) jmass@aclunc.org ALAN L. SCHLOSSER (CA SBN 49957) aschlosser@aclunc.org
9 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA
10 39 Drumm Street San Francisco, CA 94111
11 Tel. 415-621-2493 / Fax 415-225-8437

12 LUCAS GUTTENTAG (CA SBN 90208) lguttentag@aclu.org AMERICAN CIVIL LIBERTIES UNION FOUNDATION
13 IMMIGRANTS' RIGHTS PROJECT 39 Drumm Street
14 San Francisco, CA 94111 Tel. 415-343-0770 / Fax 415-395-0950
15 Attorneys for KEBIN REYES, a minor, by and
16 through his father and guardian, NOE REYES

17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

19 KEBIN REYES, a minor, by and through his father and guardian NOE REYES,
20 Plaintiff,
21 v.
22 NANCY ALCANTAR, San Francisco Field
23 Office Director for Detention and Removal Services, Immigration Customs Enforcement, in
24 her individual capacity; JOHN P. MARTINEZ, in his individual capacity; GREGORY J.
25 WILLIAMS in his individual capacity; UNITED STATES OF AMERICA, and DOES
26 3 through 50 inclusive,

Case No. C07-2271-SBA
[PROPOSED] ORDER APPROVING SETTLEMENT

27

Defendants.

28

08561.023.880385v2

[PROPOSED] ORDER APPROVING SETTLEMENT

Case No. C07-2271-SBA

▪
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• Case4:07-cv-02271-SBA Document37 Filed06/25/08 Page2 of 2

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The Joint Motion Seeking Approval of Settlement was jointly submitted by counsel for

2 both sides in this litigation. Based on the motion and memorandum of points and authorities

3 submitted with the motion, the declaration of Katherine C. Zarate, and the pleadings and filings of

4 record in this case, the Court finds as follows:

5

This settlement is a fair compromise of Kebin Reyes' claims. Kebin Reyes' rights as a

6 minor are being adequately protected by settlement. The settlement benefits, including the use of

7 a blocked account in a financial institution, have been structured to directly benefit him.

8

Accordingly, the Court APPROVES the settlement.

9 DATED: June2.52008

10

11

ELIZABETH D. LAPORTE

12

United States District Court Magistrate Judge

13

14

15

16

17

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22 23 24 25 26 27 28
08561.023.880385v2

1 [PROPOSED] ORDER APPROVING SETTLEMENT

Case No. C07-2271-SBA

 
 Case4:07-cv-02271-SBA Document27 Filed03/07/08 Page1 of 1

In the United States District Court for the Northern District of California Magistrate Judge Elizabeth D. Laporte

CIVIL MINUTES

Date: March 7, 2008

Time: 9:00 a.m. - 1:09 p.m.

Case No: C-07-02271-SBA (EDL)

Case Name: REYES v. ALCANTAR

Deputy Clerk: Frank Justiliano Court Reporter: Debra Pas

Attorneys: Pltf: Howard Slavitt Plaintiff: Noe Reyes

Deft: Edward Olsen and Carol Lazzar Defendants: Nancy Alcantar
John Martinez Gregory Williams

PROCEEDINGS
[X] SETTLEMENT CONFERENCE - HELD. [X] Case settled and settlement term stated on the record.

cc: chambers SBA & EDL

 
 FOR IMMEDIATE RELEASE: Thursday, April 26, 2007
PRESS CONTACT: Stella Richardson ACLU-NC 415-621-2493, cell 415-845-3042 srichardson@aclunc.org Alexandra Gross LCCR 415-543-9444 agross@lccr.com
CIVIL RIGHTS GROUPS SUE IMMIGRATION OFFICIALS FOR UNLAWFULLY DETAINING SIX-YEAR-OLD U.S. CITIZEN
SAN FRANCISCO – Lawyers’ Committee for Civil Rights, the ACLU of Northern California, the ACLU Immigrant Rights’ Project, and the law firm of Coblentz, Patch, Duffy & Bass LLP, filed a lawsuit today on behalf of a U.S. citizen child who was unlawfully detained for ten hours by immigration officials. Kebin Reyes was taken into custody in the early hours of March 6, 2007 when U.S. Immigration Customs and Enforcement Agency (ICE) agents raided his home in San Rafael, California. He was taken into custody along with his father, Noe Reyes. Kebin was six-years-old at the time of the incident.
“There is a long history of abuse and misconduct by immigration agents,” said Philip Hwang, staff attorney at LCCR. “In recent months, government agents have entered homes without warrants and threatened and intimidated community members. What happened to Kebin is the latest, most shocking incident. This lawsuit is an important step in holding the government accountable.” The Lawyers’ Committee for Civil Rights of the San Francisco Bay Area has brought nine cases against Bay Area immigration agents in recent years.
On March 6, 2007 ICE agents came to the apartment where Kebin and his father, Noe were living. Agents pounded on the door and stormed into the apartment, where they rounded up all the occupants, demanding their immigration papers and passports. Noe immediately gave the ICE agents his son’s U.S. passport, identifying Kebin as a U.S. citizen. An ICE agent then told Noe to wake up his son and said they would take them in for only an hour or two. Noe asked several times to make a phone call so that he could arrange for a family member or family friend to care for Kebin. Each of these requests was denied, and Kebin was forced to watch as his father was handcuffed and taken away. The immigration officers then told Kebin to place his own arms behind his back, like his father’s.
At the ICE processing center in San Francisco, Noe’s additional requests to make a phone call were denied and ICE agents made no efforts to seek alternative care for his son. Kebin and his father were placed in a locked room and for the remainder of the day were only provided with bread and water. Kebin was finally released that evening, only after

Kebin’s uncle learned about the incident from neighbors. Kebin’s uncle rushed to the ICE office and had to wait several hours before Kebin was finally released.
“Kebin thought he was in jail - this was clearly a traumatic incident for him. There was no reason for his arrest, and no explanation that Kebin’s family can offer him. That’s because the arrest was arbitrary and irrational. Over six weeks have passed, and Kebin is still having nightmares,” said cooperating attorney, Howard Slavitt of the law firm of Coblentz, Patch, Duffy & Bass LLP.
“ICE’s treatment of children is not in line with American values of decency and fairness,” said Julia Harumi Mass, staff attorney with the ACLU-NC. “In addition to Kebin’s case, we have heard reports of children left without care after their parents are detained, immigration agents targeting areas around elementary schools, and children too upset to participate in class after witnessing early morning raids in their communities. The human cost of these tactics is unacceptable.”
Since last May when ICE’s “Operation to Return Sender” was launched, immigration raids were conducted throughout the nation, resulting in the detention of more than 18,000 immigrants according to recent news reports. In the Bay Area, raids were conducted in several counties including Marin, Contra Costa County, San Francisco, Redwood City, and Santa Cruz.
Civil rights groups became concerned about reports of misconduct and abuse by ICE agents and on March 6, the ACLU-NC, LCCR, and the San Francisco Bay Guardian filed a Freedom of Information Act (FOIA) request seeking records relating to recent enforcement actions. Some of the abusive practices reported in the press included: illegal entries and searches by ICE agents, misidentification of ICE agents as a member of local police forces, inappropriate tactics related to children, ethnic profiling, violations of due process and abusive treatment.
The civil rights groups and the law firm are seeking damages for Kebin Reyes.
For a copy of the legal documents and statements visit www.aclunc.org and www.lccr.com
###

 
 ADRMOP,CASREF,CLOSED,E−Filing,REFSET−EDL
U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:07−cv−02271−SBA

Reyes v. Alcantar Assigned to: Hon. Saundra Brown Armstrong Referred to: Magistrate Judge Elizabeth D. Laporte (Settlement) Cause: 28:1331 Federal Question: Other Civil Rights
Plaintiff

Date Filed: 04/26/2007 Date Terminated: 09/16/2008 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Kebin Reyes a minor, by and through his father and guardian Noe Reyes

represented by Howard Alan Slavitt Coblentz Patch Duffy &Bass, LLP One Ferry Building, Suite 200 San Francisco, CA 94111 415−391−4800 Email: EfilingHAS@cpdb.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alan Lawrence Schlosser ACLU Foundation of Northern California, Inc. 39 Drumm Street San Francisco, CA 94111 415−621−2493 Fax: 415−255−8437 Email: aschlosser@aclunc.org ATTORNEY TO BE NOTICED

Julia Harumi Mass , Esq. American Civil Liberties Union of Northern California, Inc. 39 Drumm Street San Francisco, CA 94111 415−621−2493 Fax: 415−255−8437 Email: jmass@aclunc.org ATTORNEY TO BE NOTICED

Katherine Zarate Dulany Coblentz, Patch, Duffy &Bass LLP One Ferry Building Suite 200 San Francisco, CA 94111−4213 (415) 391−4800 Fax: (415) 989−1663 Email: EfilingKCZ@cpdb.com ATTORNEY TO BE NOTICED

Philip Kim Hwang Lawyers' Committee for Civil Rights 131 Steuart Street, No.400 San Francisco, CA 94105 415−543−9444 Fax: (415) 543−0296 Email: phwang@lccr.com ATTORNEY TO BE NOTICED

Rachel Georgia Cohen Coblentz, Patch, Duffy &Bass, LLP One Ferry Building

Suite 200 SAN FRANCISCO, CA 94111 415−391−4800 Fax: 415−989−1663 Email: rgc@cpdb.com TERMINATED: 09/11/2007 ATTORNEY TO BE NOTICED
Robert Rubin Lawyers' Committee for Civil Rights of the San Francisco Bay Area 131 Steuart Street Suite 400 San Francisco, CA 94105 415−543−9444 Fax: 415−543−0296 Email: rrubin@lccr.com ATTORNEY TO BE NOTICED

V. Defendant Nancy Alcantar San Francisco Field Office Director for Detention and Removal Services, Immigration Customs Enforcement
Defendant John P. Martinez in his individual capacity
Defendant Gregory J. Williams in his individual capacity
Defendant United States of America
3rd party defendant Kebin Reyes

represented by Edward A. Olsen United States Attorney's Office Northern District of California 450 Golden Gate Avenue Box 36055 San Francisco, CA 94102 415−436−6915 Fax: 415−436−6927 Email: edward.olsen@usdoj.gov ATTORNEY TO BE NOTICED
represented by Edward A. Olsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Edward A. Olsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Edward A. Olsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Howard Alan Slavitt (See above for address) ATTORNEY TO BE NOTICED

Date Filed 04/26/2007

# Docket Text
1 COMPLAINT; summons issued against Nancy Alcantar (Filing fee $ 350,receipt number 34611005668). Filed by Kebin Reyes. (slh, COURT STAFF) (Filed on

04/26/2007 04/26/2007 04/26/2007
04/26/2007 04/27/2007 04/27/2007
07/06/2007 07/30/2007
08/29/2007 09/07/2007 09/07/2007
09/10/2007 09/10/2007 09/10/2007 09/11/2007 09/12/2007 09/17/2007

4/26/2007) Additional attachment(s) added on 5/7/2007 (jlm, COURT STAFF). (Entered: 04/26/2007)
2 MOTION to Appoint Noe Reyes as Guardian ad Litem filed by Kebin Reyes. (slh, COURT STAFF) (Filed on 4/26/2007) Additional attachment(s) added on 5/7/2007 (jlm, COURT STAFF). (Entered: 04/26/2007)
3 Certificate of Interested Entities by Kebin Reyes. (slh, COURT STAFF) (Filed on 4/26/2007) Additional attachment(s) added on 5/7/2007 (jlm, COURT STAFF). (Entered: 04/26/2007)
4 ADR SCHEDULING ORDER: Case Management Statement due by 7/25/2007. Case Management Conference set for 8/1/2007 01:30 PM. (Attachments: # 1 EMC Standing Order; # 2 CM Standing Order)(slh, COURT STAFF) (Filed on 4/26/2007) (Entered: 04/26/2007)
CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 4/26/2007) (Entered: 04/26/2007)
5 RECUSAL ORDER. Signed by Judge Edward M. Chen on 4/27/07. (bpf, COURT STAFF) (Filed on 4/27/2007) (Entered: 04/27/2007)
6 ORDER REASSIGNING CASE. Case reassigned to Judge Saundra Brown Armstrong for all further proceedings. Judge Edward M. Chen no longer assigned to the case.. Signed by Executive Committee on 4/27/07. (as, COURT STAFF) (Filed on 4/27/2007) (Entered: 04/27/2007)
7 ANSWER to Complaint byNancy Alcantar. (Olsen, Edward) (Filed on 7/6/2007) (Entered: 07/06/2007)
8 CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Conference set for 9/19/2007 03:45 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 7/30/07. (lrc, COURT STAFF) (Filed on 7/30/2007) Modified on 7/31/2007 (jlm, COURT STAFF). (Entered: 07/30/2007)
9 ADR Clerks Notice re: Non−Compliance with Court Order. (tjs, COURT STAFF) (Filed on 8/29/2007) (Entered: 08/29/2007)
10 NOTICE of need for ADR Phone Conference (ADR L.R. 3−5 d) by Kevin Reyes (Slavitt, Howard) (Filed on 9/7/2007) Modified on 9/10/2007 (jlm, COURT STAFF). (Entered: 09/07/2007)
11 ADR Certification (ADR L.R. 3−5b) of discussion of ADR options (Joint) Nancy Alcantar, Kebin Reyes (Olsen, Edward) (Filed on 9/7/2007) Modified on 9/10/2007 (jlm, COURT STAFF). Modified on 9/10/2007 (jlm, COURT STAFF). (Entered: 09/07/2007)
12 JOINT CASE MANAGEMENT STATEMENT filed by Kebin Reyes, Nancy Alcantar. (Attachments: # 1 Exhibit A)(Slavitt, Howard) (Filed on 9/10/2007) (Entered: 09/10/2007)
13 ADR Clerks Notice Setting ADR Phone Conference on 9/17/07 at 2:00 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 9/10/2007) (Entered: 09/10/2007)
14 SUMMONS Returned Executed by Kebin Reyes. Nancy Alcantar served on 5/10/2007, answer due 5/30/2007. (Cohen, Rachel) (Filed on 9/10/2007) (Entered: 09/10/2007)
15 NOTICE of Substitution of Counsel by Kebin Reyes (Zarate, Katherine) (Filed on 9/11/2007) Modified on 9/12/2007 (jlm, COURT STAFF). (Entered: 09/11/2007)
16 ADR Certification (ADR L.R. 3−5b) of discussion of ADR options, filed by Kebin Reyes (Zarate, Katherine) (Filed on 9/12/2007) Modified on 9/13/2007 (jlm, COURT STAFF). (Entered: 09/12/2007)
ADR Remark: ADR Phone Conference conducted on 9/17/07 by DB. (tjs, COURT STAFF) (Filed on 9/17/2007) (Entered: 09/18/2007)

09/19/2007 09/19/2007 10/01/2007
11/13/2007 11/16/2007 11/19/2007 11/19/2007 11/19/2007 12/04/2007
12/04/2007 01/15/2008 02/04/2008 03/07/2008 03/11/2008 03/18/2008
03/19/2008 03/20/2008

17 Minute Entry: Initial Case Management Conference held on 9/19/2007 before JUDGE ARMSTRONG (Date Filed: 9/19/2007). () (lrc, COURT STAFF) (Date Filed: 9/19/2007) (Entered: 10/01/2007)
CASE REFERRED to Magistrate Judge Elizabeth D. Laporte for Settlement (jlm, COURT STAFF) (Filed on 9/19/2007) (Entered: 10/02/2007)
18 CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 4/14/2008. Jury Trial set for 12/1/2008 08:30 AM. Motions due by 5/20/2008. Pretrial Conference set for 11/11/2008 01:00 PM.. Signed by Judge ARMSTRONG on 10/1/08. (lrc, COURT STAFF) (Filed on 10/1/2007) (Entered: 10/01/2007)
19 STIPULATION and Proposed Order for filing Amended Complaint, by Kebin Reyes. (Zarate, Katherine) (Filed on 11/13/2007) Modified on 11/14/2007 (jlm, COURT STAFF). (Entered: 11/13/2007)
20 NOTICE OF SETTLEMENT CONFERENCE ORDER − Settlement Conference set for 2/27/2008 09:30 AM. Signed by Judge Elizabeth D. Laporte on 11/16/07. (lmh, COURT STAFF) (Filed on 11/16/2007) (Entered: 11/16/2007)
21 STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 11−16−07. (lrc, COURT STAFF) (Filed on 11/19/2007) (Entered: 11/19/2007)
22 AMENDED COMPLAINT; With Jury Demand, against all defendants. Filed by Kebin Reyes. (Zarate, Katherine) (Filed on 11/19/2007) Modified on 11/19/2007 (jlm, COURT STAFF). (Entered: 11/19/2007)
Summons Issued as to John P. Martinez, Gregory J. Williams, United States of America. (jlm, COURT STAFF) (Filed on 11/19/2007) (Entered: 11/20/2007)
23 *** FILED IN ERROR. PLEASE SEE DOCKET # 24 . *** SUMMONS Returned Executed by Kebin Reyes. John P. Martinez served on 11/25/2007, answer due 12/17/2007; Gregory J. Williams served on 11/21/2007, answer due 12/12/2007; United States of America served on 11/20/2007, answer due 12/10/2007. (Zarate, Katherine) (Filed on 12/4/2007) Modified on 12/5/2007 (jlm, COURT STAFF). Modified on 12/10/2007 (ewn, COURT STAFF). (Entered: 12/04/2007)
24 SUMMONS Returned Executed by Kebin Reyes. CORRECTION OF DOCKET #23 (Zarate, Katherine) (Filed on 12/4/2007) (Entered: 12/04/2007)
25 ANSWER to Amended Complaint byJohn P. Martinez, Gregory J. Williams, United States of America, Nancy Alcantar. (Olsen, Edward) (Filed on 1/15/2008) (Entered: 01/15/2008)
26 NOTICE OF CONTINUANCE AND ORDER − Settlement Conference continued to 3/7/2008 09:00 AM. Signed by Judge Elizabeth D. Laporte on 2/4/08. (lmh, COURT STAFF) (Filed on 2/4/2008) (Entered: 02/04/2008)
27 Minute Entry: Settlement Conference held. Settlement reached. (Date Filed: 3/7/2008). (Court Reporter Debra Pas.) (fj, COURT STAFF) (Date Filed: 3/7/2008) (Entered: 03/07/2008)
28 ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 3/11/08. (lrc, COURT STAFF) (Filed on 3/11/2008) (Entered: 03/11/2008)
29 STIPULATION and Proposed Order Referring Case to Magistrate Judge Elizabeth D. Laporte for Determination of Motion to Approve the Compromise of Minor's Claims and Vacating Court's Order re 28 Order Dismissing Case by Kebin Reyes, John P. Martinez, United States of America, Nancy Alcantar, Gregory J. Williams. (Slavitt, Howard) (Filed on 3/18/2008) Modified on 3/19/2008 (jlm, COURT STAFF). (Entered: 03/18/2008)
30 ORDER REOPENING CASE, ORDER REFERRING CASE to Magistrate Judge LAPORTE. Signed by Judge ARMSTRONG on 3/19/08. (lrc, COURT STAFF) (Filed on 3/19/2008) (Entered: 03/19/2008)
CASE REFERRED to Magistrate Judge Elizabeth D. Laporte for determination of motion to approve compromise of minor's claims. (wh, COURT STAFF) (Filed on

05/01/2008 06/20/2008 06/20/2008 06/20/2008 06/20/2008 06/25/2008 06/25/2008 09/15/2008 09/16/2008

3/20/2008) Modified on 3/21/2008 (jlm, COURT STAFF). (Entered: 03/20/2008)
31 Transcript of Proceedings held on 03/07/08, before Magistrate Judge Elizabeth D. Laporte. Court Reporter/Transcriber: Debra L. Pas, Telephone number 415−431−1477. (jlm, COURT STAFF) (Filed on 5/1/2008) (Entered: 05/06/2008)
32 Joint MOTION for Settlement, filed by Kebin Reyes, Nancy Alcantar, John P. Martinez, Gregory J. Williams, United Stats of America. (Slavitt, Howard) (Filed on 6/20/2008) Modified on 6/23/2008 (jlm, COURT STAFF). (Entered: 06/20/2008)
33 Declaration of Katherine C. Zarate in Support of 32 Joint Motion for Settlement filed by Kebin Reyes. (Related document(s) 32 ) (Slavitt, Howard) (Filed on 6/20/2008) Modified on 6/23/2008 (jlm, COURT STAFF). (Entered: 06/20/2008)
34 Proposed Order Establishing Blocked Custodial Account and Conditions of Withdrawal Therefrom re 32 Joint Motion for Settlement by Kebin Reyes. (Slavitt, Howard) (Filed on 6/20/2008) Modified on 6/23/2008 (jlm, COURT STAFF). Modified on 6/23/2008 (jlm, COURT STAFF). (Entered: 06/20/2008)
35 Proposed Order re 32 Joint Motion for Settlement by Kebin Reyes. (Slavitt, Howard) (Filed on 6/20/2008) Modified on 6/23/2008 (jlm, COURT STAFF). (Entered: 06/20/2008)
36 ORDER ESTABLISHING Blocked Custodian Account and Conditions of Withdrawal Therefrom. Signed by Judge Elizabeth D. Laporte on 6/25/08. (wh, COURT STAFF) (Filed on 6/25/2008) (Entered: 06/26/2008)
37 ORDER APPROVING SETTLEMENT re 32 . Signed by Judge Elizabeth D. Laporte. (wh, COURT STAFF) (Filed on 6/25/2008) (Entered: 06/26/2008)
38 STIPULATION and Proposed Order of Dismissal with Prejudice of Entire Action [FRCP 41(a)] by Kebin Reyes, Kebin Reyes, Nancy Alcantar, John P. Martinez, United States of America, Gregory J. Williams. (Slavitt, Howard) (Filed on 9/15/2008) Modified on 9/16/2008 (jlm, COURT STAFF). (Entered: 09/15/2008)
39 STIPULATED DISMISSAL WITH PREJUDICE OF ENTIRE ACTION AND ORDER. Signed by Magistrate Judge Elizabeth D. Laporte on 9/16/08. (lmh, COURT STAFF) (Filed on 9/16/2008) Modified on 9/17/2008 (jlm, COURT STAFF). (Entered: 09/16/2008)

 
 Case: 4:07-cv-02271-SBA As of: 06/15/2012 11:11 AM PDT 1 of 5
ADRMOP,CASREF,CLOSED,E−Filing,REFSET−EDL
U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:07−cv−02271−SBA

Reyes v. Alcantar Assigned to: Hon. Saundra Brown Armstrong Referred to: Magistrate Judge Elizabeth D. Laporte (Settlement) Cause: 28:1331 Federal Question: Other Civil Rights
Plaintiff

Date Filed: 04/26/2007 Date Terminated: 09/16/2008 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Kebin Reyes a minor, by and through his father and guardian Noe Reyes

represented by Howard Alan Slavitt Coblentz Patch Duffy &Bass, LLP One Ferry Building, Suite 200 San Francisco, CA 94111 415−391−4800 Email: EfilingHAS@cpdb.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alan Lawrence Schlosser ACLU Foundation of Northern California, Inc. 39 Drumm Street San Francisco, CA 94111 415−621−2493 Fax: 415−255−8437 Email: aschlosser@aclunc.org ATTORNEY TO BE NOTICED

Julia Harumi Mass , Esq. American Civil Liberties Union of Northern California, Inc. 39 Drumm Street San Francisco, CA 94111 415−621−2493 Fax: 415−255−8437 Email: jmass@aclunc.org ATTORNEY TO BE NOTICED

Katherine Zarate Dulany Coblentz, Patch, Duffy &Bass LLP One Ferry Building Suite 200 San Francisco, CA 94111−4213 (415) 391−4800 Fax: (415) 989−1663 Email: EfilingKCZ@cpdb.com ATTORNEY TO BE NOTICED

Philip Kim Hwang Lawyers' Committee for Civil Rights 131 Steuart Street, No.400 San Francisco, CA 94105 415−543−9444 Fax: (415) 543−0296 Email: phwang@lccr.com ATTORNEY TO BE NOTICED

Rachel Georgia Cohen Coblentz, Patch, Duffy &Bass, LLP One Ferry Building

Case: 4:07-cv-02271-SBA As of: 06/15/2012 11:11 AM PDT 2 of 5
Suite 200 SAN FRANCISCO, CA 94111 415−391−4800 Fax: 415−989−1663 Email: rgc@cpdb.com TERMINATED: 09/11/2007 ATTORNEY TO BE NOTICED
Robert Rubin Lawyers' Committee for Civil Rights of the San Francisco Bay Area 131 Steuart Street Suite 400 San Francisco, CA 94105 415−543−9444 Fax: 415−543−0296 Email: rrubin@lccr.com ATTORNEY TO BE NOTICED

V. Defendant Nancy Alcantar San Francisco Field Office Director for Detention and Removal Services, Immigration Customs Enforcement
Defendant John P. Martinez in his individual capacity
Defendant Gregory J. Williams in his individual capacity
Defendant United States of America
3rd party defendant Kebin Reyes

represented by Edward A. Olsen United States Attorney's Office Northern District of California 450 Golden Gate Avenue Box 36055 San Francisco, CA 94102 415−436−6915 Fax: 415−436−6927 Email: edward.olsen@usdoj.gov ATTORNEY TO BE NOTICED
represented by Edward A. Olsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Edward A. Olsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Edward A. Olsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Howard Alan Slavitt (See above for address) ATTORNEY TO BE NOTICED

Date Filed 04/26/2007

# Docket Text
1 COMPLAINT; summons issued against Nancy Alcantar (Filing fee $ 350,receipt number 34611005668). Filed by Kebin Reyes. (slh, COURT STAFF) (Filed on

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04/26/2007 04/26/2007 04/26/2007
04/26/2007 04/27/2007 04/27/2007
07/06/2007 07/30/2007
08/29/2007 09/07/2007 09/07/2007
09/10/2007 09/10/2007 09/10/2007 09/11/2007 09/12/2007 09/17/2007

4/26/2007) Additional attachment(s) added on 5/7/2007 (jlm, COURT STAFF). (Entered: 04/26/2007)
2 MOTION to Appoint Noe Reyes as Guardian ad Litem filed by Kebin Reyes. (slh, COURT STAFF) (Filed on 4/26/2007) Additional attachment(s) added on 5/7/2007 (jlm, COURT STAFF). (Entered: 04/26/2007)
3 Certificate of Interested Entities by Kebin Reyes. (slh, COURT STAFF) (Filed on 4/26/2007) Additional attachment(s) added on 5/7/2007 (jlm, COURT STAFF). (Entered: 04/26/2007)
4 ADR SCHEDULING ORDER: Case Management Statement due by 7/25/2007. Case Management Conference set for 8/1/2007 01:30 PM. (Attachments: # 1 EMC Standing Order; # 2 CM Standing Order)(slh, COURT STAFF) (Filed on 4/26/2007) (Entered: 04/26/2007)
CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 4/26/2007) (Entered: 04/26/2007)
5 RECUSAL ORDER. Signed by Judge Edward M. Chen on 4/27/07. (bpf, COURT STAFF) (Filed on 4/27/2007) (Entered: 04/27/2007)
6 ORDER REASSIGNING CASE. Case reassigned to Judge Saundra Brown Armstrong for all further proceedings. Judge Edward M. Chen no longer assigned to the case.. Signed by Executive Committee on 4/27/07. (as, COURT STAFF) (Filed on 4/27/2007) (Entered: 04/27/2007)
7 ANSWER to Complaint byNancy Alcantar. (Olsen, Edward) (Filed on 7/6/2007) (Entered: 07/06/2007)
8 CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Conference set for 9/19/2007 03:45 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 7/30/07. (lrc, COURT STAFF) (Filed on 7/30/2007) Modified on 7/31/2007 (jlm, COURT STAFF). (Entered: 07/30/2007)
9 ADR Clerks Notice re: Non−Compliance with Court Order. (tjs, COURT STAFF) (Filed on 8/29/2007) (Entered: 08/29/2007)
10 NOTICE of need for ADR Phone Conference (ADR L.R. 3−5 d) by Kevin Reyes (Slavitt, Howard) (Filed on 9/7/2007) Modified on 9/10/2007 (jlm, COURT STAFF). (Entered: 09/07/2007)
11 ADR Certification (ADR L.R. 3−5b) of discussion of ADR options (Joint) Nancy Alcantar, Kebin Reyes (Olsen, Edward) (Filed on 9/7/2007) Modified on 9/10/2007 (jlm, COURT STAFF). Modified on 9/10/2007 (jlm, COURT STAFF). (Entered: 09/07/2007)
12 JOINT CASE MANAGEMENT STATEMENT filed by Kebin Reyes, Nancy Alcantar. (Attachments: # 1 Exhibit A)(Slavitt, Howard) (Filed on 9/10/2007) (Entered: 09/10/2007)
13 ADR Clerks Notice Setting ADR Phone Conference on 9/17/07 at 2:00 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 9/10/2007) (Entered: 09/10/2007)
14 SUMMONS Returned Executed by Kebin Reyes. Nancy Alcantar served on 5/10/2007, answer due 5/30/2007. (Cohen, Rachel) (Filed on 9/10/2007) (Entered: 09/10/2007)
15 NOTICE of Substitution of Counsel by Kebin Reyes (Zarate, Katherine) (Filed on 9/11/2007) Modified on 9/12/2007 (jlm, COURT STAFF). (Entered: 09/11/2007)
16 ADR Certification (ADR L.R. 3−5b) of discussion of ADR options, filed by Kebin Reyes (Zarate, Katherine) (Filed on 9/12/2007) Modified on 9/13/2007 (jlm, COURT STAFF). (Entered: 09/12/2007)
ADR Remark: ADR Phone Conference conducted on 9/17/07 by DB. (tjs, COURT STAFF) (Filed on 9/17/2007) (Entered: 09/18/2007)

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09/19/2007 09/19/2007 10/01/2007
11/13/2007 11/16/2007 11/19/2007 11/19/2007 11/19/2007 12/04/2007
12/04/2007 01/15/2008 02/04/2008 03/07/2008 03/11/2008 03/18/2008
03/19/2008 03/20/2008

17 Minute Entry: Initial Case Management Conference held on 9/19/2007 before JUDGE ARMSTRONG (Date Filed: 9/19/2007). () (lrc, COURT STAFF) (Date Filed: 9/19/2007) (Entered: 10/01/2007)
CASE REFERRED to Magistrate Judge Elizabeth D. Laporte for Settlement (jlm, COURT STAFF) (Filed on 9/19/2007) (Entered: 10/02/2007)
18 CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 4/14/2008. Jury Trial set for 12/1/2008 08:30 AM. Motions due by 5/20/2008. Pretrial Conference set for 11/11/2008 01:00 PM.. Signed by Judge ARMSTRONG on 10/1/08. (lrc, COURT STAFF) (Filed on 10/1/2007) (Entered: 10/01/2007)
19 STIPULATION and Proposed Order for filing Amended Complaint, by Kebin Reyes. (Zarate, Katherine) (Filed on 11/13/2007) Modified on 11/14/2007 (jlm, COURT STAFF). (Entered: 11/13/2007)
20 NOTICE OF SETTLEMENT CONFERENCE ORDER − Settlement Conference set for 2/27/2008 09:30 AM. Signed by Judge Elizabeth D. Laporte on 11/16/07. (lmh, COURT STAFF) (Filed on 11/16/2007) (Entered: 11/16/2007)
21 STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 11−16−07. (lrc, COURT STAFF) (Filed on 11/19/2007) (Entered: 11/19/2007)
22 AMENDED COMPLAINT; With Jury Demand, against all defendants. Filed by Kebin Reyes. (Zarate, Katherine) (Filed on 11/19/2007) Modified on 11/19/2007 (jlm, COURT STAFF). (Entered: 11/19/2007)
Summons Issued as to John P. Martinez, Gregory J. Williams, United States of America. (jlm, COURT STAFF) (Filed on 11/19/2007) (Entered: 11/20/2007)
23 *** FILED IN ERROR. PLEASE SEE DOCKET # 24 . *** SUMMONS Returned Executed by Kebin Reyes. John P. Martinez served on 11/25/2007, answer due 12/17/2007; Gregory J. Williams served on 11/21/2007, answer due 12/12/2007; United States of America served on 11/20/2007, answer due 12/10/2007. (Zarate, Katherine) (Filed on 12/4/2007) Modified on 12/5/2007 (jlm, COURT STAFF). Modified on 12/10/2007 (ewn, COURT STAFF). (Entered: 12/04/2007)
24 SUMMONS Returned Executed by Kebin Reyes. CORRECTION OF DOCKET #23 (Zarate, Katherine) (Filed on 12/4/2007) (Entered: 12/04/2007)
25 ANSWER to Amended Complaint byJohn P. Martinez, Gregory J. Williams, United States of America, Nancy Alcantar. (Olsen, Edward) (Filed on 1/15/2008) (Entered: 01/15/2008)
26 NOTICE OF CONTINUANCE AND ORDER − Settlement Conference continued to 3/7/2008 09:00 AM. Signed by Judge Elizabeth D. Laporte on 2/4/08. (lmh, COURT STAFF) (Filed on 2/4/2008) (Entered: 02/04/2008)
27 Minute Entry: Settlement Conference held. Settlement reached. (Date Filed: 3/7/2008). (Court Reporter Debra Pas.) (fj, COURT STAFF) (Date Filed: 3/7/2008) (Entered: 03/07/2008)
28 ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 3/11/08. (lrc, COURT STAFF) (Filed on 3/11/2008) (Entered: 03/11/2008)
29 STIPULATION and Proposed Order Referring Case to Magistrate Judge Elizabeth D. Laporte for Determination of Motion to Approve the Compromise of Minor's Claims and Vacating Court's Order re 28 Order Dismissing Case by Kebin Reyes, John P. Martinez, United States of America, Nancy Alcantar, Gregory J. Williams. (Slavitt, Howard) (Filed on 3/18/2008) Modified on 3/19/2008 (jlm, COURT STAFF). (Entered: 03/18/2008)
30 ORDER REOPENING CASE, ORDER REFERRING CASE to Magistrate Judge LAPORTE. Signed by Judge ARMSTRONG on 3/19/08. (lrc, COURT STAFF) (Filed on 3/19/2008) (Entered: 03/19/2008)
CASE REFERRED to Magistrate Judge Elizabeth D. Laporte for determination of motion to approve compromise of minor's claims. (wh, COURT STAFF) (Filed on

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05/01/2008 06/20/2008
06/20/2008 06/20/2008
06/20/2008 06/25/2008 06/25/2008 09/15/2008
09/16/2008

3/20/2008) Modified on 3/21/2008 (jlm, COURT STAFF). (Entered: 03/20/2008)
31 Transcript of Proceedings held on 03/07/08, before Magistrate Judge Elizabeth D. Laporte. Court Reporter/Transcriber: Debra L. Pas, Telephone number 415−431−1477. (jlm, COURT STAFF) (Filed on 5/1/2008) (Entered: 05/06/2008)
32 Joint MOTION for Settlement, filed by Kebin Reyes, Nancy Alcantar, John P. Martinez, Gregory J. Williams, United Stats of America. (Slavitt, Howard) (Filed on 6/20/2008) Modified on 6/23/2008 (jlm, COURT STAFF). (Entered: 06/20/2008)
33 Declaration of Katherine C. Zarate in Support of 32 Joint Motion for Settlement filed by Kebin Reyes. (Related document(s) 32 ) (Slavitt, Howard) (Filed on 6/20/2008) Modified on 6/23/2008 (jlm, COURT STAFF). (Entered: 06/20/2008)
34 Proposed Order Establishing Blocked Custodial Account and Conditions of Withdrawal Therefrom re 32 Joint Motion for Settlement by Kebin Reyes. (Slavitt, Howard) (Filed on 6/20/2008) Modified on 6/23/2008 (jlm, COURT STAFF). Modified on 6/23/2008 (jlm, COURT STAFF). (Entered: 06/20/2008)
35 Proposed Order re 32 Joint Motion for Settlement by Kebin Reyes. (Slavitt, Howard) (Filed on 6/20/2008) Modified on 6/23/2008 (jlm, COURT STAFF). (Entered: 06/20/2008)
36 ORDER ESTABLISHING Blocked Custodian Account and Conditions of Withdrawal Therefrom. Signed by Judge Elizabeth D. Laporte on 6/25/08. (wh, COURT STAFF) (Filed on 6/25/2008) (Entered: 06/26/2008)
37 ORDER APPROVING SETTLEMENT re 32 . Signed by Judge Elizabeth D. Laporte. (wh, COURT STAFF) (Filed on 6/25/2008) (Entered: 06/26/2008)
38 STIPULATION and Proposed Order of Dismissal with Prejudice of Entire Action [FRCP 41(a)] by Kebin Reyes, Kebin Reyes, Nancy Alcantar, John P. Martinez, United States of America, Gregory J. Williams. (Slavitt, Howard) (Filed on 9/15/2008) Modified on 9/16/2008 (jlm, COURT STAFF). (Entered: 09/15/2008)
39 STIPULATED DISMISSAL WITH PREJUDICE OF ENTIRE ACTION AND ORDER. Signed by Magistrate Judge Elizabeth D. Laporte on 9/16/08. (lmh, COURT STAFF) (Filed on 9/16/2008) Modified on 9/17/2008 (jlm, COURT STAFF). (Entered: 09/16/2008)