Case: Roman v. Wolf

5:20-cv-00768 | U.S. District Court for the Central District of California

Filed Date: April 13, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a representative habeas action filed by immigrant detainees in the Adelanto ICE Processing Center, seeking writs of habeas corpus in light of COVID-19. The plaintiffs alleged that everyone at the detention center was particularly vulnerable to contracting the virus because the tight quarters in the detention center made it impossible to implement social distancing. The district court entered a preliminary injunction on April 23, which was stayed by the Ninth Circuit an…

COVID-19 Summary: This is a representative habeas action filed by immigrant detainees in the Adelanto ICE Processing Center, seeking writs of habeas corpus in light of COVID-19. The plaintiffs alleged that everyone at the detention center was particularly vulnerable to contracting the virus because the tight quarters in the detention center made it impossible to implement social distancing. The district court entered a preliminary injunction on April 23, which was stayed by the Ninth Circuit and later remanded to the district court on September 23.


On April 13, 2020, a group of immigrant detainees filed this lawsuit against the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and the warden of the Adelanto ICE Processing Center in the U.S. District Court for the Central District of California. Represented by private counsel, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241. In combination with their habeas petition, they also filed a complaint seeking injunctive and declaratory relief. Specifically, they alleged that their continued detention in Adelanto was a violation of their substantive due process rights under the Fifth Amendment, which guaranteed them protections against exposure to infectious disease.

Immediately, the plaintiffs filed a motion to certify the class as well as for temporary restraining orders as to why a preliminary injunction should not be issued regarding each of the three named plaintiffs.

The plaintiffs filed a notice of related cases, requesting this action to be related to the following cases: 5:20-cv-00605, 5:20-cv-00590, 5:20-cv-00617, 5:20-cv-00626, 5:20-cv-00627, 5:20-cv-00646, 5:20-cv-00650, 5:20-cv-00653, 5:20-cv-00668.

On April 14, the plaintiffs filed a motion for a preliminary injunction, requesting an order that would implement a system for class-wide relief or mandate that ICE implement social distancing measures necessary to protect the individuals in custody.

The case was assigned to District Judge Terry J. Hatter, Jr. and Magistrate Judge Pedro V. Castillo.

On April 16, Judge Hatter, Jr. entered a temporary restraining order for each of the named plaintiffs, authorizing their release from custody and ordered that the defendants must show cause as to why the court should not issue a preliminary injunction by April 24.

On April 23, Judge Hatter, Jr. provisionally certified the class to include all those who were currently detained at Adelanto, or had been detained thereafter March 23, 2020, and appointed the ACLU of Southern California as the class counsel.

Judge Hatter, Jr. also issued a preliminary injunction on April 23, requiring the defendants to:

-Not accept any new detainees at Adelanto

-Reduce the detainee population to a level that allows detainees to maintain social distancing of 6 feet from each other at all times by May 4

-Require staff and detainees to maintain 6 feet of distance whenever possible

-Clean and disinfect common areas and shared items on a regular basis (multiple times throughout each 24 hour period)

-Provide sufficient cleaning equipment and supplies for detainees to clean their own areas once a day

-Limit sleeping rooms/cells that have toilets without integrated lids to single occupancy

-Require all staff to wear masks and gloves at all times

-Require all detainees to wear masks, and provide gloves to those who wish to wear them

-Provide soap or hand sanitizer and paper towels to detainees

-Propose a plan for population reduction and cleaning procedures that comply with the injunction

Judge Hatter, Jr. stated that if the defendants failed to comply with any of the injunction's requirements, the court would consider the immediate release of class members. Regarding the related cases, the order stated that any class member who had been released from this order or a previously filed case would remain released, but that no additional injunctions would be entered for class members that had filed separate cases.

The defendants appealed to the Ninth Circuit on April 24, challenging the class certification order, preliminary injunction and related findings in the case (docket no. 20-55436). The Ninth Circuit issued an administrative stay, which temporarily stayed the lower court's preliminary injunction.

On May 5, the Ninth Circuit stayed the lower court's preliminary injunction to the extent that it went beyond the Center for Disease Control and Prevention's guidelines for correctional and detention facilities for managing COVID-19.

On June 5, the plaintiffs filed a motion for class-wide bail, which Judge Hatter granted on June 17, granting class-wide bail and stating that the court would make individualized bail determinations for each class member. 2020 WL 3481564.

On June 19, Judge Hatter issued an order, implementing a process for individualized bail determinations for each class member, which required the defendants to create a spreadsheet including information about each detainee, weekly updates, and notice to class members. 2020 WL 3487632. The defendants appealed to the Ninth Circuit (docket No. 20-55662), which granted an administrative stay of the June 17 bail order and June 19 bail process on July 1. However, on July 8, the Ninth Circuit denied the defendant's motion, stating that the district court's individualized determinations were consistent with processes of other district courts. Back in the district court, Judge Hatter, Jr. continued the individualized bail process and granted bail for various class members.

On August 10, the plaintiffs filed a motion to enforce the preliminary injunction's CDC Guidance provision and a separate motion for non-provisional class certification. In their motion for class certification, they relied on the provisional certification order, arguing that circumstances were still the same. That same day, the defendants filed a motion to dismiss and on August 24, the defendants filed a motion in opposition to the plaintiffs' motion to enforce. On August 31, the defendants filed a motion in opposition to the non-provisional class certification motion, arguing that the plaintiffs had failed to establish commonality, typicality and adequacy.

On September 16, upon learning of a COVID-19 outbreak at the detention center, the plaintiffs filed an ex parte application for temporary restraining order in the district court, seeking the court to compel testing of all detainees and for isolation of all detainees with positive test results. The court denied the application and, separately, stated that any previous bail orders releasing detainees who were still in the detention center were stayed - so as not to release a COVID-positive detainee into the community. The plaintiffs filed a motion for reconsideration on September 18.

On September 22, Judge Hatter, Jr. entered 2 orders. The first, denied reconsideration of the September 17 order, stating that since "the Ninth Circuit stayed the preliminary injunction, the Court cannot, now, order the Government to isolate detainees in single occupant cells because such order would contravene the stay," despite the fact that the court "does not disagree that the Government's procedures were inadequate." The second order granted class certification. Judge Hatter, Jr. stated that the reasons each class member was being detained was immaterial to the certification decision -- ultimately, the question before the court for each class member was whether their conditions of confinement were in violation of their Fifth Amendment substantive due process rights; the statutory authority for detention, bail status or other variances between class members did not destroy their ability to be certified as a class.

On September 23, the Ninth Circuit issued a Memorandum Opinion regarding the provisional class certification and preliminary injunction issues that the defendants had appealed in April. The circuit court held that the district court did not abuse its discretion by issuing a preliminary injunction and that the court had subject matter jurisdiction. However, since several months had passed and situations had evolved in the detention center, the Ninth Circuit vacated many of the preliminary injunction's provisions - including the CDC provision - and remanded the matter with instructions to issue an updated preliminary injunction. 829 Fed.Appx. 165.

On September 25, Judge Hatter, Jr. issued an order denying the plaintiffs' motion to enforce the preliminary injunction and the defendants' motion to dismiss. Judge Hatter, Jr. stated that given the Ninth Circuit's September 23 opinion, the plaintiffs' motion to enforce was now moot. Furthermore, the defendant's arguments in their motion to dismiss -- namely that the district court did not have subject matter jurisdiction and that the class had not been fully certified -- had now been foreclosed.

Judge Hatter issued a modified preliminary injunction and additional findings of fact on September 29. 2020 WL 5797918. He ordered the government to provide a detailed population reduction plan to ensure detainees could maintain six feet of social distance at all times, and further ordered the government not to accept any new or transfer detainees in Adelanto. Judge Hatter also ordered the government to cease using HDQ Neutral, a toxic disinfectant, in housing units. Finally, the government was ordered to provide census data of all Adelanto detainees and update that report weekly. The defendants appealed this order to the Ninth Circuit. On October 13, the Ninth Circuit in a per curiam opinion affirmed in part and reversed in part the district court's order. 2020 WL 6040125. The Ninth Circuit held that the district court had authority to issue the injunctive relief, but found that, due to the rapidly evolving circumstances, the reductions in detainee population must be reconsidered. On remand, the Ninth Circuit advised the district court to avoid micromanaging the administration of conditions at Adelanto and stated that "any new provisions of future injunctive relief should stem from medical evidence properly before the court."

In addition to the census report, the district court also ordered the government to provide a daily status report that listed the number of COVID-positive and COVID-negative detainees in each housing unit. On October 15, Judge Hatter issued another order concerning the population reduction plan in which he expressed frustration with the defendants disregard for procedural rules. 2020 WL 6107069. Judge Hatter ordered the government to reduce the population of Adelanto by at least 50 detainees each day by either releasing or deporting detainees until the population is at most 475 people. Judge Hatter appointed Chief Magistrate Judge Patrick Walsh to act as a Special Master to monitor and enforce the government's compliance with with the injunctive relief.

Throughout October, Judge Hatter routinely issued bail orders directing the defendants to release specific class members. As of November 3, the case remains ongoing.

Summary Authors

Caitlin Kierum (9/27/2020)

Justin Hill (11/3/2020)

Sophia Acker (3/26/2024)

Related Cases

Castillo v. Barr, Central District of California (2020)

Rodriguez v. Wolf, Central District of California (2020)

Reina Moran v. U.S. Department of Homeland Security, Central District of California (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17066052/parties/kelvin-hernandez-roman-v-chad-f-wolf/


Judge(s)
Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Barnett, Amanda (California)

Attorney for Defendant

Bates, Christopher A (District of Columbia)

Beck, Daniel A (California)

Expert/Monitor/Master/Other
Judge(s)

Castillo, Pedro V. (California)

Collins, Daniel Paul (California)

Friedland, Michelle Taryn (California)

Hatter, Terry J. Jr. (California)

Klausner, Robert G. (California)

Miller, Eric David (Washington)

Nguyen, Jacqueline Hong-Ngoc (California)

Silverman, Barry G. (Arizona)

Watford, Paul Jeffrey (California)

show all people

Documents in the Clearinghouse

Document

5:20-cv-00768

Docket [PACER]

Nov. 2, 2020

Nov. 2, 2020

Docket
1

5:20-cv-00768

Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief

April 13, 2020

April 13, 2020

Complaint
34

5:20-cv-00768

Temporary Restraining Order and Order to Show Cause

April 16, 2020

April 16, 2020

Order/Opinion
33

5:20-cv-00768

Temporary Restraining Order and Order to Show Cause

April 16, 2020

April 16, 2020

Order/Opinion
53

5:20-cv-00768

Findings of Fact and Conclusions of Law

April 23, 2020

April 23, 2020

Order/Opinion

2020 WL 2020

55

5:20-cv-00768

Preliminary Injunction

April 23, 2020

April 23, 2020

Order/Opinion
52

5:20-cv-00768

Provisional Class Certification Order

April 23, 2020

April 23, 2020

Order/Opinion

2020 WL 2020

17

5:20-cv-00768

20-55436

Order

U.S. Court of Appeals for the Ninth Circuit

May 5, 2020

May 5, 2020

Order/Opinion

2020 WL 2020

118

5:20-cv-00768

Order

June 17, 2020

June 17, 2020

Order/Opinion

2020 WL 2020

124

5:20-cv-00768

Order

June 19, 2020

June 19, 2020

Order/Opinion

2020 WL 2020

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17066052/kelvin-hernandez-roman-v-chad-f-wolf/

Last updated March 26, 2024, 11:11 a.m.

ECF Number Description Date Link Date / Link
43

NOTICE OF LODGING filed re Order,,, Set/Reset Deadlines,,, Set/Reset Motion Hearing and R&R Deadlines,, 25 (Attachments: # 1 Proposed Findings of Fact and Conclusions of Law)(Bansal, Jessica) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
44

NOTICE Proposed Findings of Fact and Conclusions of Law filed by Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Robins, Jeffrey) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
45

NOTICE OF LODGING filed of Amendments to Original Proposed Order re NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 9 (Attachments: # 1 Exhibit A - Amended Original Proposed Order, # 2 Exhibit B - Alternate Proposed Order, # 3 Exhibit C - Second Alternate Proposed Order)(Bansal, Jessica) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
48

NOTICE of Appearance (Mercado-Santana, Victor) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
51

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance 48 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Notices Notice of Appearance or Withdrawal of Counsel (G-123). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
56

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Appeal of Order on Motion to Certify Class Action,,,,,,, 52, Preliminary Injunction,,,,,, 55, Findings of Fact & Conclusions of Law 53 . (Appeal Fee - Not Required for US Goverment.) (Attachments: # 1 Exhibit Order-Class Certification, # 2 Exhibit PI Findings of Fact Conclusions of Law, # 3 Exhibit Order - Preliminary Injunction)(Mercado-Santana, Victor) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
57

REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals,, 56 . (Mercado-Santana, Victor) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
58

NOTICE regarding Plaintiffs attempts to comply with preliminary injunction filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit)(Bansal, Jessica) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
60

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55436 assigned to Notice of Appeal to 9th Circuit Court of Appeals,, 56 as to respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (mat) (Entered: 04/27/2020)

April 24, 2020

April 24, 2020

PACER
59

RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolfto Notice (Other) 58 (Attachments: # 1 Declaration)(Robins, Jeffrey) (Entered: 04/25/2020)

April 25, 2020

April 25, 2020

PACER
61

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 56 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka. CCA # 20-55436. The court has received appellants' emergency motion for an administrative stay and appellees opposition. The request for an immediate administrative stay is granted. The district court's April 23, 2020 preliminary injunction order is temporarily stayed pending further court order. [See document for all details.] (mat) (Entered: 04/27/2020)

April 25, 2020

April 25, 2020

PACER
62

REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Kelvin Hernandez Roman 7, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Miguel Aguilar Estrada 8, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Beatriz Andrea Forero Chavez 6 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Bansal, Jessica) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
63

REPLY filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman to Temporary Restraining Order,,,, Order to Show Cause,,, 33, Order on Motion for Temporary Restraining Order 35, Temporary Restraining Order,,,,, Order to Show Cause,,,, 34 (Bansal, Jessica) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
64

NOTICE OF ERRATA filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. correcting Reply (Motion related),, 62 (Bansal, Jessica) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
65

DESIGNATION of Record on Appeal by defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf re 56 (Mercado-Santana, Victor) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
66

Joint STIPULATION for Order TO MODIFY CONDITIONS OF RELEASE SET FORTH IN TEMPORARY RESTRAINING ORDER FOR PETITIONER-PLAINTIFF KELVIN HERNANDEZ ROMAN filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration, # 2 Proposed Order)(Bansal, Jessica) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
67

SCHEDULING ORDER by Judge Terry J. Hatter, Jr: After reviewing the case file, the Court sets the following briefing schedule on the class's petition for writ of habeas corpus; The Government's opposition to the petition shall be filed by May 12, 2020. Petitioners' reply shall be filed by May 15, 2020. The matter will then stand submitted. (shb) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
68

Order

May 5, 2020

May 5, 2020

PACER
70

SEALED SEALED DOCUMENT-ORDER GRANTING JOINT STIPULATION TO MODIFY CONDITIONS OF RELEASE SET FORTH IN TEMPORARY RESTRAINING ORDER FOR PETITIONER-PLAINTIFF KELVIN HERNANDEZ ROMAN 66 by Judge Terry J. Hatter, Jr, (pj) (Entered: 05/06/2020)

May 5, 2020

May 5, 2020

PACER
73

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 56 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka. CCA # 20-55436. Appellants' Emergency Motion for Stay Pending Appeal is granted in part and denied in part. The district court's preliminary injunction is stayed, except as follows: [See document]. The motion of Nikolas Bowie and others to file a brief amicus curiae in opposition to the motion to stay is granted. [See document for complete details.] (mat) (Entered: 05/08/2020)

May 5, 2020

May 5, 2020

PACER
69

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus, 1 filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
71

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Summons Request 69 . The following error(s) was/were found: Summons are not issued on Petitions for Writ of Habeas Corpus In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
72

EX PARTE APPLICATION to Expedite Discovery filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Memorandum, # 2 Bansal Declaration and Exhibits, # 3 Proposed Order) (Bansal, Jessica) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
74

NOTICE filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. PETITIONERS-PLAINTIFFS' NOTICE OF FILING AMENDED EXPEDITED INTERROGATORIES, AMENDED EXPEDITED REQUESTS FOR PRODUCTION AND AMENDED PROPOSED ORDER GRANTING EX PARTE APPLICATION FOR EXPEDITED DISCOVERY (Attachments: # 1 Exhibits A-C)(Bansal, Jessica) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
75

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,, 1 filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
76

60 DAY Summons Issued re Petition for Writ of Habeas Corpus and Complaint, 1 as to Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (shb) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
77

Opposition opposition re: EX PARTE APPLICATION to Expedite Discovery 72 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Mercado-Santana, Victor) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
78

REPLY in support of EX PARTE APPLICATION to Expedite Discovery 72 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Bansal, Jessica) (Entered: 05/09/2020)

May 9, 2020

May 9, 2020

PACER
79

ORDER by Judge Terry J. Hatter, Jr: Re EX PARTE APPLICATION FOR EXPEDITED DISCOVERY, 72 . IT IS ORDERED that the application is GRANTED. IT IS FURTHER ORDERED that, if Respondents have any objections to the nature of Petitioners' early discovery requests, Respondents should follow Local Rule 37 to raise objections, on an expedited basis, with Magistrate Judge Pedro V. Castillo. IT IS FURTHER ORDERED that the Court will entertain a stipulation or application to modify the briefing schedule on Petitioners' writ of habeas corpus to permit Judge Castillo sufficient time to consider any discovery dispute or discovery scheduling issue. (shb) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

RECAP
80

Joint STIPULATION for Order Modifying Briefing Schedule filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Robins, Jeffrey) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
81

ORDER RE: JOINT STIPULATION TO MODIFY BRIEFING SCHEDULE ON PETITIONERS WRIT OF HABEAS CORPUS [ECF NO. 67] 80 by Judge Terry J. Hatter, Jr. IT IS HEREBY ORDERED that the Parties Joint Stipulation is GRANTED as follows: 1. Respondents response to the petition for a writ of habeas corpus will be due on May 15, 2020. 2. Petitioners reply will be due May 21, 2020. (shb) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

RECAP
82

**STRICKEN PER ORDER 84 ANSWER to Petition for Writ of Habeas Corpus,, 1 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration Declaration of Gabriel Valdez)(Robins, Jeffrey) Modified on 5/20/2020 (yl). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
83

EX PARTE APPLICATION to Lift Stay re Class Member Jeronimo Osorio's Case filed by Plaintiffs-Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Arulanantham, Ahilan) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
84

MINUTES: IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the answer 82 is hereby stricken from the record. Respondent may re-file the answer as a separate document and may re-file a noticed motion to dismiss with a hearing date, which will be then taken under submission as of the hearing date selected. IT IS SO ORDERED. (yl) (Entered: 05/20/2020)

May 19, 2020

May 19, 2020

RECAP
85

ANSWER to Petition for Writ of Habeas Corpus,, 1 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Robins, Jeffrey) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
86

OPPOSITION re: EX PARTE APPLICATION to Lift Stay re Class Member Jeronimo Osorio's Case 83 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Beck, Daniel) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
87

REPLY filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman to Petition for Writ of Habeas Corpus,, 1 / Traverse and Reply in Support of Petition for Writ of Habeas Corpus (Attachments: # 1 Declaration of Amanda Barnett in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Second Supplemental Declaration of Robert B. Greifinger, M.D. in Support, # 6 Second Supplemental Declaration of Todd William Schneberk, M.D. in Support, # 7 Declaration of Caitlin Patler, PH.D. in Support, # 8 Exhibit A, # 9 Declaration of Hilda Noemi Zecena Sanchez in Support, # 10 Declaration of Rot Mythong in Support, # 11 Declaration of Karapet Davtan in Support, # 12 Declaration of David Nahman in Support, # 13 Declaration of Luis Yboy Flores in Support, # 14 Declaration of Antonio Ortega Osorio in Support, # 15 Declaration of V. Mitch McEwen in Support, # 16 Exhibit A, # 17 Exhibit B, # 18 Exhibit C)(Barnett, Amanda) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
88

EX PARTE APPLICATION to Strike New Evidence and Related Argument Submitted with Traverse and Reply Reply,,,, 87 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Robins, Jeffrey) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
89

OPPOSITION re: EX PARTE APPLICATION to Strike New Evidence and Related Argument Submitted with Traverse and Reply Reply,,,, 87 88 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
90

ORDER by Judge Terry J. Hatter, Jr: re 88 EX PARTE APPLICATION TO STRIKE NEW EVIDENCE AND ARGUMENTS CONTAINED IN PETITIONER'S TRAVERSE OR IN THE ALTERNATIVE FOR LEAVE TO FILE SUR REPLY TO THE TRAVERSE. IT IS ORDERED that the ex parte application be, and hereby is, DENIED. (shb) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP
91

Joint STIPULATION for Protective Order filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Protective Order)(Bansal, Jessica) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
92

PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Stipulation for Protective Order 91 . (see document for details) (hr) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

RECAP
93

Notice of Appearance or Withdrawal of Counsel: for attorney Hans Chen counsel for Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Adding Hans H. Chen as counsel of record for CHAD F. WOLF, et al. for the reason indicated in the G-123 Notice. Filed by Respondents CHAD F. WOLF, et al.. (Attorney Hans Chen added to party Matthew T. Albence(pty:res), Attorney Hans Chen added to party James Janecka(pty:res), Attorney Hans Chen added to party David Marin(pty:res), Attorney Hans Chen added to party Chad F. Wolf(pty:res))(Chen, Hans) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
94

NOTICE filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. NOTICE OF FIRST CONFIRMED CASE OF COVID-19 AMONG ADELANTO DETAINEES (Attachments: # 1 Exhibit A)(Bansal, Jessica) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
95

NOTICE OF SECOND CONFIRMED CASE OF COVID-19 AMONG ADELANTO DETAINEES filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit A)(Bansal, Jessica) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
96

SCHEDULING ORDER by Judge Terry J. Hatter, Jr. The Court has considered the evidence and arguments presented in favor of and against Petitioners petition for a writ of habeas corpus. The Court will combine the evidentiary hearing on Petitioners petition for a writ of habeas corpus with a court trial on Petitioners claims for injunctive and declaratory relief. Each side will be allowed 8 hours to present their case. The time limit includes all aspects of the case, including opening statements, direct and cross examinations, arguments on objections, and closing arguments. In lieu of closing arguments, the parties may file closing briefs, of no more than 25 pages, no later than ten days afterthe conclusion of the evidentiary hearing and trial. The following dates are subject to change by the Court in response to the COVID-19 pandemic; at this time, it is unclear as to when the First Street Courthouse will re-open for evidentiary hearings and court trials for civil cases. Discovery cut-off 7/31/2020., Substantive Motion Filing Deadline by 8/10/2020., Motions in Limine Filing Deadline filed by 8/27/2020., Evidentiary Hearing and Court Trial set for 10/6/2020 at 10:00 a.m., Final Pretrial Conference set for 9/14/2020 at 10:00 a.m. While the Ninth Circuit has not yet reached the issue, it is clear to the Court that it has the inherent authority, at least in extraordinary cases, to release detainees on bail during the pendency of their habeas petitions. See order for further details. (shb) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
97

ORDER SETTING FINAL PRE-TRIAL CONFERENCE AND REFERRING DISCOVERY by Judge Terry J. Hatter, Jr.: It is Ordered that all discovery matters which become at issue are referred to Magistrate Judge Pedro V. Castillo for her/his consideration. Please contact the courtroom deputy clerk to the Magistrate Judge regarding these matters. It is Ordered, pursuant to Rule 16 of the Federal Rules of Civil Procedures and Local Rule 16, that the Final Pre-Trial Conference is placed on the Courts calendar for SEPTEMBER 14, 2020 at 10:00 a.m. in Courtroom No. 9B in the U. S. Courthouse on First Street. See order for further details. (shb) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
98

NOTICE Response to Petitioners' Notices filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Robins, Jeffrey) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
99

ORDER by Judge Terry J. Hatter, Jr: The Court has considered Alejandro Jeronimo Osorios motion to lift the stay in CV 20-816 TJH, together with the moving and opposing papers. It is Ordered that the motion be, and hereby is, Denied. (shb) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

RECAP
100

Joint STIPULATION for Order for BRIEFING SCHEDULE ON PLAINTIFFS-PETITIONERS' MOTION FOR CLASS-WIDE BAIL filed by Plaintiffs-Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order)(Bansal, Jessica) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
101

ORDER GRANTING JOINT STIPULATION RE: BRIEFING SCHEDULE ON PLAINTIFFS PETITIONERS MOTION FOR CLASS-WIDE BAIL 100 by Judge Terry J. Hatter, Jr: The Stipulation is hereby GRANTED. The briefing schedule for Plaintiff-Petitioners Class-Wide Motion for Bail is as follows: 1. Petitioners Motion: June 5, 2020. 2. Respondents Opposition: June 11, 2020. 3. Petitioners Reply: June 15, 2020. (shb) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
102

NOTICE OF MOTION AND MOTION for Order for Class-Wide Bail filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Memorandum, # 2 Declaration of Jessica Karp Bansal, # 3 Proposed Order) (Bansal, Jessica) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
103

MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: The Court finds that Plaintiffs'-Petitioners' Motion for Class-Wide Bail 102, filed on June 5, 2020, is appropriate for decision without oral argument. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary. A written order will issue. (shb) (Entered: 06/09/2020)

June 8, 2020

June 8, 2020

RECAP
104

STRICKEN PER ORDER 107 - NOTICE OF MOTION AND MOTION TO INTERVENE re NOTICE OF MOTION AND MOTION for Order for Class-Wide Bail 102 filed by Intervenor Plaintiff Daniel Alejandro Cardenas Leal. (Attachments: # 1 Proposed Order Granting Motion to Intervene)(Attorney William V O'Connor, Jr added to party Daniel Alejandro Cardenas Leal(pty:intvp))(O'Connor, William) Modified on 6/11/2020 (shb). (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
105

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion Related Document, 104 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Civil Events Motions and Related Filings Applications/Ex Parte Applications/Motions/Petitions/Requests - select - select Motion - select - Intervene. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
106

NOTICE filed by defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Mercado-Santana, Victor) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
107

MINUTE IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES RE NOTICE TO FILER OF DEFICIENCIES, 105 by Judge Terry J. Hatter, Jr: The Court hereby orders the Notice of Motion and Motion to Intervene. 104 be STRICKEN for failure to correct the filing event, and for failure to identify the submission date in the caption. IT IS SO ORDERED. (shb) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
108

NOTICE OF MOTION AND MOTION to Intervene filed by Petitioner, Intervenor Daniel Alejandro Cardenas Leal. (Attachments: # 1 Proposed Order Granting Motion to Intervene) (O'Connor, William) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
109

OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Class-Wide Bail 102 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration Declaration of Gabriel Valdez June 11, 2020)(Robins, Jeffrey) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
110

ORDER by Judge Terry J. Hatter, Jr: The Court has considered the motion of Daniel Alejandro Cardenas Leal to intervene, {Dkt. 108]. IT IS ORDERED that the motion, be, and hereby is, STRICKEN for failure to comply with Local Rules 6-1 or 7-19.1, and 7-3. (shb) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
111

REPLY in Support of NOTICE OF MOTION AND MOTION for Order for Class-Wide Bail 102 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration of Jessica Karp Bansal, # 2 Amended Proposed Order)(Bansal, Jessica) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
112

EX PARTE APPLICATION to file document Exhibits 1-2 in Support of Petitioners' Reply in Support of Motion for Class-Wide Bail under seal filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration of Jessica Karp Bansal, # 2 Redacted Exhibits 1-2, # 3 Proposed Order)(Bansal, Jessica) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
113

SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document Exhibits 1-2 in Support of Petitioners' Reply in Support of Motion for Class-Wide Bail under seal 112 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Unredacted Document)(Bansal, Jessica) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
114

PROOF OF SERVICE Executed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, upon Respondents-Defendants Matthew T. Albence served on 5/11/2020, answer due 7/10/2020; James Janecka served on 5/11/2020, answer due 7/10/2020; David Marin served on 5/11/2020, answer due 7/10/2020; Chad F. Wolf served on 5/11/2020, answer due 7/10/2020. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to the Civil Process Clerk. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to Daniel A. Beck and Hillary Burrelle. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. The Attorney Generals Office was not served because counsel for Respondents-Defendants were served directly. (Barnett, Amanda) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
115

NOTICE filed by defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Mercado-Santana, Victor) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
116

ORDER GRANTING PLAINTIFFS-PETITIONERS EX PARTE APPLICATION FOR UNDER SEAL FILING, 112 by Judge Terry J. Hatter, Jr: Petitioners' Ex Parte Application for Under Seal Filing, the application is GRANTED. Exhibits 1 and 2 to the Declaration of Jessica Bansal in Support of Petitioners' Ex Parte Application for Under Seal Filing are hereby SEALED. (shb) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

RECAP
117

SEALED DOCUMENT Exhibits 1-2 in Support of Petitioners' Reply in Support of Motion for Class-Wide Bail re Reply (Motion related), 111, Order on Motion for Leave to File Document Under Seal, 116 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Bansal, Jessica) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
118

ORDER by Judge Terry J. Hatter, Jr re 102 MOTION for Class-Wide Bail. It is Ordered that the motion for class-wide bail be, and hereby is, Granted. It is further Ordered that the Court will proceed to make individualized bail determinations for each class member. It is further Ordered that counsel shall meet and confer forthwith and endeavor to reach a consensus as to the process the Court should employ to make the individualized bail determinations. If the parties cannot reach a consensus, the Court will issue an order setting forth the process it will employ. It is further Ordered that the parties shall file a joint status report by Noon on June 18, 2020, setting forth their proposed consensus or a statement that they were unable to reach a consensus. It is further Ordered that the Governments request for a stay be, and hereby is, Denied. (shb) Modified on 6/17/2020 (shb). (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

Clearinghouse
119

ORDER by Judge Terry J. Hatter, Jr. Issues regarding the use and effects of toxic cleaning chemicals at Adelanto have in, inter alia, Moreno, et al v United States Department of Homeland Security, CV20-01136-DOC (JDEx), and Goodwin v Wolf, et al CV20-01185-TJH (PDx), in connection with their Fifth Amendment substantive due process claims. The parties shall meet and confer to determine whether the class claims, here, are sufficiently broad to encompass those issues. If the parties agree that the class claims, here, are sufficiently broad to encompass those issues, the parties shall file a joint status report by June 19, 2020. If the parties cannot agree whether the class claims, here, are sufficiently broad encompass those issues, then the parties shall each file a brief with their respective positions by June 26, 2020. (shb) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
120

Joint STIPULATION for Protective Order filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order)(Bansal, Jessica) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
121

Notice of Appearance or Withdrawal of Counsel: for attorney Kyle A Virgien counsel for Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. Adding Kyle A. Virgien as counsel of record for Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez for the reason indicated in the G-123 Notice. Filed by Plaintiffs-Petitioners Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez. (Attorney Kyle A Virgien added to party Miguel Aguilar Estrada(pty:pet), Attorney Kyle A Virgien added to party Beatriz Andrea Forero Chavez (pty:pet), Attorney Kyle A Virgien added to party Kelvin Hernandez Roman(pty:pet))(Virgien, Kyle) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
122

REVISED PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Stipulation for Revised Protective Order 120 . (see document for details) (hr) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

RECAP
123

STATUS REPORT Joint Status Report Re: Process for Individualized Bail Determinations filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit)(Bansal, Jessica) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
124

ORDER 123 by Judge Terry J. Hatter, Jr. After considering the parties' jointly proposed process for individualized bail determinations for each class member, the Court shall implement the following process. SEE ORDER FOR DETAILS. (iv) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

Clearinghouse
125

SEALED DOCUMENT spreadsheet information for 100 Fraihat class members re Order 124 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf.(Chen, Hans) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
126

ORDER by Judge Terry J. Hatter, Jr: The Court has reviewed the spreadsheet information for the first 100 class members. To ensure a clear record, Respondents shall file, by June 29, 2020, an amended spreadsheet for the first 100 class members to include the following: 1. The full name of each class member; 2. The dates and sentences for all indicated convictions; 3. A notation that a criminal charge is pending if there has not yet been a resolution; 4. A notation for any criminal charges that were dismissed; and 5. A legend defining all abbreviations used, particularly for abbreviations in the immigration history and criminal history sections. All subsequent spreadsheets shall, also, include the above information. (shb) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

RECAP
127

BRIEF filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. regarding Order,,,, Set/Reset Deadlines,,, 119 . (Chen, Hans) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
128

BRIEF filed by plaintiffs-petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. regarding Order,,,, Set/Reset Deadlines,,, 119 . (Barnett, Amanda) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
129

EX PARTE APPLICATION for Reconsideration re Order,, 126 filed by Defendant Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Mercado-Santana, Victor) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
130

OPPOSITION to EX PARTE APPLICATION for Reconsideration re Order,, 126 129 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 06/28/2020)

June 28, 2020

June 28, 2020

PACER
131

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Appeal of Order 124, Order on Motion for Order,,, 118 . (Appeal Fee - Not Required for US Goverment.) (Mercado-Santana, Victor) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
132

ORDER RE: RESPONDENTS - DEFENDANTS EX PARTE MOTION TO MODIFY THE COURTS JUNE 25, 2020 ORDER (ECF NO. 126) 129 by Judge Terry J. Hatter, Jr: Respondents Ex Parte Application is GRANTED. Respondents are not required to provide the information on paragraphs 2, 3, and 4 of the Court's June 25, 2020 Order, ECF No. 126. IT IS SO ORDERED. (shb) Modified on 6/29/2020 (shb). (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP
133

NOTICE regarding COVID-19 cases at Adelanto filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration of Gabriel Valdez)(Chen, Hans) (Entered: 06/29/2020)

1 Declaration of Gabriel Valdez

View on PACER

June 29, 2020

June 29, 2020

PACER
134

SEALED DOCUMENT spreadsheet information for all Fraihat class members re Order 124 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf.(Chen, Hans) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
138

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55662 assigned to Notice of Appeal to 9th Circuit Court of Appeals, 131 as to Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (shb) (Entered: 07/01/2020)

June 29, 2020

June 29, 2020

PACER
135

STRICKEN PER DKT 136 - 6/30/2020. NOTICE OF MOTION AND MOTION to Intervene filed by PROPOSED INTERVENORS Devora Batres Moreno, Sandra Cervantes Gomez, Pablo Tapia Cruz, Caesar Galvan, Ivan Rene Ledezma. Motion set for hearing on 7/28/2020 at 08:30 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Appendix Bail Request Moreno, # 2 Appendix Bail Request Lupercio, # 3 Appendix Bail Request Cervantes, # 4 Appendix Bail Request Ledezma, # 5 Appendix Bail Request Galvan, # 6 Appendix Bail Request Tapia Cruz, # 7 Proposed Order In Re: Intervention) (Attorney Nicolette Glazer added to party Devora Batres Moreno(pty:intv), Attorney Nicolette Glazer added to party Sandra Cervantes Gomez(pty:intv), Attorney Nicolette Glazer added to party Pablo Tapia Cruz(pty:intv), Attorney Nicolette Glazer added to party Caesar Galvan(pty:intv), Attorney Nicolette Glazer added to party Ivan Rene Ledezma(pty:intv)) (Glazer, Nicolette) Modified on 6/30/2020 (shb). (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
136

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the motion to intervene filed by proposed intervenors Devora Batres Moreno, Sandra Cervantes Gomez, Pablo Tapia Cruz, Caesar Galvan, and Ivan Rene Ledezma (dkt # 135) is STRICKEN for failure to comply with Local Rule 6-1. In their motion, proposed intervenors requested a waiver of Local Rule 6-1s 28 day rule based on Local Rules 7.1(a) and e(5), however there are no Local Rules 7.1(a) or e(5). Moreover, the motion to intervene was filed today with a hearing date noticed for June 28, 2020 two days ago. Additionally, any motions for bail filed by any approved intervenors shall follow the procedure set forth in paragraphs 11 through 17 of the Courts order of June 19, 2020 (dkt # 124). (shb) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

RECAP
137

[STRICKEN PER ORDER 139 - Amended NOTICE OF MOTION AND MOTION to Intervene filed by INTERVENORS Devora Batres Moreno. Motion set for hearing on 7/29/2020 at 08:30 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Proposed Order In Re: Intervention) (Glazer, Nicolette) Modified on 7/1/2020 (shb). (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
139

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the amended motion to intervene filed by proposed intervenors Devora Batres Moreno, Sandra Cervantes Gomez, Pablo Tapia Cruz, Caesar Galvan, and Ivan Rene Ledezma (dkt # 137) is, again, STRICKEN for failure to comply with Judge Hatters Procedures and Schedules, which are available on the Courts website -- http://www.cacd.uscourts.gov/honorable-terry-j-hatter-jr. Regularly noticed motions in civil cases assigned to Judge Hatter must be noticed for a Monday. Counsel are urged to familiarize themselves with the Central Districts Local Rules and Judge Hatters Procedures and Schedules. Further, if proposed intervenors file a second amended motion to intervene, the motion shall becaptioned correctly. The caption shall reflect the correct parties and the correct case number --Kelvin Hernandez Roman, et al. v. Chad F. Wolf, et al., ED CV 20-00768 TJH (PVCx). DHS is not a party to this case, and Judge Hatters initials should be in their proper sequence. Additionally, reference to Moreno, et al. v. DHS, et al., ED CV 20-01136 DOC, should not be made in the caption as the motion to intervene is not being filed in that case. (shb) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
140

Second NOTICE OF MOTION AND MOTION to Intervene AMENDED filed by PROPOSED INTERVENORS Devora Batres Moreno. Motion set for hearing on 8/3/2020 at 08:30 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Proposed Order In Re; Intervention) (Glazer, Nicolette) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
142

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 131 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka. CCA # 20-55662. The request for an immediate administrative stay is granted. The district court's June 17, 2020 bail order and June 19, 2020 bail process order are temporarily stayed pending further court order. (mat) (Entered: 07/02/2020)

July 1, 2020

July 1, 2020

PACER
141

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 days, filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.. (Barnett, Amanda) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
181

STRICKEN PER ORDER 225 SEALED MOTION RE BAIL filed by Petitioner Silvano Avina Salas. (shb) Modified on 7/10/2020 (smo). Modified on 7/17/2020 (shb). (Entered: 07/10/2020)

July 2, 2020

July 2, 2020

PACER
143

EX PARTE APPLICATION to Compel Production of Documents filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Memorandum of Points And Authorities in Support of Their Ex Parte Application to Compel Production of Documents, # 2 Declaration of William R. Friedman, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Proposed Order)(Barnett, Amanda) (Entered: 07/08/2020)

1 Memorandum of Points And Authorities in Support of Their Ex Parte Application t

View on PACER

2 Declaration of William R. Friedman

View on PACER

3 Exhibit 1

View on PACER

4 Exhibit 2

View on PACER

5 Proposed Order

View on PACER

July 8, 2020

July 8, 2020

PACER
160

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 131 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka, Notice of Appeal to 9th Circuit Court of Appeals, 56 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka. CCA # 20-55436 and 20-55662. The government's motion to stay the district court's June 17, 2020 and June 19, 2020 orders pending appeal is denied. Because the issues in this appeal are related to the prior Preliminary Injunction appeal, we sua sponte consolidate Appeal Nos. 20-55436 and 20-55662.[See document for more complete details.] (mat) (Entered: 07/09/2020)

July 8, 2020

July 8, 2020

PACER
180

SEALED MOTION RE BAIL filed by Petitioner Russell Cosio Bernardino. (shb) (Entered: 07/10/2020)

July 8, 2020

July 8, 2020

PACER
144

SEALED DOCUMENT MOTION RE BAIL filed by Petitioner Arody Ramos Tome (Attachments: # 1 Exhibits A-G)(Bansal, Jessica) (Entered: 07/09/2020) Modified on 7/9/2020 (shb). Modified on 7/10/2020 (shb). (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
145

SEALED DOCUMENT MOTION RE BAIL filed by Petitioner Christian Nieto Mora. (Attachments: # 1 Exhibits A-D)(Bansal, Jessica) (Entered: 07/09/2020) Modified on 7/9/2020 (shb). Modified on 7/10/2020 (shb). (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
146

SEALED DOCUMENT MOTION RE BAIL filed by Petitioner Daniel Alverto Varela Reyes. (Attachments: # 1 Exhibits A-D)(Bansal, Jessica) ) Modified on 7/9/2020 (shb). Modified on 7/10/2020 (shb). (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
147

SEALED DOCUMENT MOTION RE BAIL filed by Petitioner Francisco Lopez Martinez. (Attachments: # 1 Exhibits A - G)(Bansal, Jessica) (Entered: 07/09/2020) Modified on 7/9/2020 (shb). Modified on 7/10/2020 (shb). (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 13, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Civil immigration detainees at the Adelanto Immigration and Customs Enforcement Processing Center, as well as those who were at the center any time between March 23, 2020 and the final disposition of the case

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Adelanto Detention Center (San Bernardino), County

Department of Homeland Security, Federal

ICE Los Angeles Field Office, Regional

Immigration and Customs Enforcement, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Reporting

Monitor/Master

Issues

General:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

CDC Guidance ordered implemented

Contact tracing ordered

COVID reporting ordered

COVID testing ordered/modified

Independent monitor/inspector imposed/assisted

Inspection ordered/regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Population reduction/cap

PPE-ordered provided to prisoners for free

PPE-ordered worn by staff

Quarantine/isolation ordered

Release Granted

Release granted-group

Release granted-individual

Release-process created/modified

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Transfer-ordered or process created/modified

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions