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)
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June 16, 2020
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June 16, 2020
PACER
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115
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NOTICE filed by defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Mercado-Santana, Victor) (Entered: 06/16/2020)
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June 16, 2020
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June 16, 2020
PACER
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116
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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)
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June 16, 2020
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June 16, 2020
RECAP
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117
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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)
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June 16, 2020
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June 16, 2020
PACER
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118
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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)
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June 17, 2020
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June 17, 2020
Clearinghouse
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119
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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)
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June 17, 2020
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June 17, 2020
PACER
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120
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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)
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June 17, 2020
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June 17, 2020
PACER
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121
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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)
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June 18, 2020
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June 18, 2020
PACER
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122
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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)
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June 18, 2020
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June 18, 2020
RECAP
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123
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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)
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June 18, 2020
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June 18, 2020
PACER
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124
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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)
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June 19, 2020
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June 19, 2020
Clearinghouse
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125
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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)
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June 24, 2020
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June 24, 2020
PACER
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126
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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)
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June 25, 2020
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June 25, 2020
RECAP
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127
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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)
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June 26, 2020
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June 26, 2020
PACER
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128
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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)
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June 26, 2020
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June 26, 2020
PACER
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129
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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)
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June 26, 2020
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June 26, 2020
PACER
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130
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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)
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June 28, 2020
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June 28, 2020
PACER
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131
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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)
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June 29, 2020
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June 29, 2020
PACER
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132
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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)
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June 29, 2020
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June 29, 2020
RECAP
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133
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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
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June 29, 2020
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June 29, 2020
PACER
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134
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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)
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June 29, 2020
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June 29, 2020
PACER
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138
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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)
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June 29, 2020
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June 29, 2020
PACER
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135
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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)
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June 30, 2020
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June 30, 2020
PACER
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136
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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)
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June 30, 2020
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June 30, 2020
RECAP
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137
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[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)
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June 30, 2020
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June 30, 2020
PACER
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139
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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)
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July 1, 2020
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July 1, 2020
PACER
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140
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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)
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July 1, 2020
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July 1, 2020
PACER
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142
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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)
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July 1, 2020
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July 1, 2020
PACER
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141
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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)
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July 2, 2020
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July 2, 2020
PACER
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181
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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)
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July 2, 2020
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July 2, 2020
PACER
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143
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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
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July 8, 2020
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July 8, 2020
PACER
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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)
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July 8, 2020
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July 8, 2020
PACER
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180
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SEALED MOTION RE BAIL filed by Petitioner Russell Cosio Bernardino. (shb) (Entered: 07/10/2020)
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July 8, 2020
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July 8, 2020
PACER
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144
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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)
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July 9, 2020
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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)
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July 9, 2020
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July 9, 2020
PACER
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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)
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July 9, 2020
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July 9, 2020
PACER
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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)
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July 9, 2020
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July 9, 2020
PACER
|