1
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Petition for Writ of Habeas Corpus Against Christopher J. LaRose, Steven C. Stafford, Donald W. Washington, filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot, Jane Doe, (Filing fee $5.00 - receipt number ACASDC-13792522) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of Joe Goldenson, MD, # 3 Declaration of Joseph J. Amon, Ph.d. MSPH, # 4 Declaration of George Ridely, # 5 Declaration of Jane Doe, # 6 Declaration of Leopoldo Szurgot, # 7 Declaration of Jacinto Victor Alvarez, # 8 Declaration of Joseph Broderick, # 9 Declaration of Victor Lara Soto, # 10 Declaration of Michael Jamil Smth, # 11 Declaration of Jose Crespo- Venegas, # 12 Declaration of Noe Gonzalez-Soto, # 13 Declaration of Racquel Ramcharan, # 14 Declaration of Joshua Jones in Case No 3:19cr- 05169)(Additional attachment(s) added on 4/27/2020: # 15 Declaration of Marlene Cano) The new case number is 3:20-cv-782-AJB-BGS. Judge Anthony J. Battaglia and Magistrate Judge Bernard G. Skomal are assigned to the case. (Horowitz, Nicole)(jms)(jms)(jrd) (Entered: 04/27/2020)
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April 25, 2020
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April 25, 2020
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2
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MOTION for Temporary Restraining Order by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Ex Parte Application for Temporary Restraining Order, # 2 Memo of Points and Authorities, # 3 Declaration Sarah Thompson)(jms) (Additional attachment(s) added on 4/27/2020: # 4 Declaration of Mitra Ebadolahi in Support of Temporary Restraining Order, Preliminary Injunction, and Class Certification) (jms)(jrd) (Entered: 04/27/2020)
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April 25, 2020
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April 25, 2020
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3
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MOTION to Certify Class by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Attorney Sirine Shebaya, # 3 Declaration of Attorney Bardis Vakili, # 4 Declaration Z Gabriel Arkles, # 5 Declaration of Attorney Joan McPhee)(jms)(jrd) (Entered: 04/27/2020)
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April 25, 2020
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April 25, 2020
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4
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NOTICE OF RELATED CASE(S) by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot of case(s): 20-cv-00756-DMS- AHG. (jms)(jrd) (Entered: 04/27/2020)
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April 25, 2020
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April 25, 2020
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5
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NOTICE of Appearance by Mitra Ebadolahi on behalf of Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Ramcharan Racquel, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Ebadolahi, Mitra)Attorney Mitra Ebadolahi added to party Jacinto Victor Alvarez(pty:pet), Attorney Mitra Ebadolahi added to party Joseph Broderick(pty:pet), Attorney Mitra Ebadolahi added to party Marlene Cano(pty:pet), Attorney Mitra Ebadolahi added to party Jose Crespo- Venegas(pty:pet), Attorney Mitra Ebadolahi added to party Jane Doe(pty:pet), Attorney Mitra Ebadolahi added to party Noe Gonzalez- Soto(pty:pet), Attorney Mitra Ebadolahi added to party Victor Lara- Soto(pty:pet), Attorney Mitra Ebadolahi added to party Ramcharan Racquel(pty:pet), Attorney Mitra Ebadolahi added to party George Ridley(pty:pet), Attorney Mitra Ebadolahi added to party Michael Jamil Smith(pty:pet), Attorney Mitra Ebadolahi added to party Leopoldo Szurgot(pty:pet) (jms). (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
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6
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NOTICE of Appearance by Sarah D. Thompson on behalf of Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo- Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Ramcharan Racquel, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Thompson, Sarah)Attorney Sarah D. Thompson added to party Jacinto Victor Alvarez(pty:pet), Attorney Sarah D. Thompson added to party Joseph Broderick(pty:pet), Attorney Sarah D. Thompson added to party Marlene Cano(pty:pet), Attorney Sarah D. Thompson added to party Jose Crespo-Venegas(pty:pet), Attorney Sarah D. Thompson added to party Jane Doe(pty:pet), Attorney Sarah D. Thompson added to party Noe Gonzalez-Soto(pty:pet), Attorney Sarah D. Thompson added to party Victor Lara-Soto(pty:pet), Attorney Sarah D. Thompson added to party Ramcharan Racquel(pty:pet), Attorney Sarah D. Thompson added to party George Ridley(pty:pet), Attorney Sarah D. Thompson added to party Michael Jamil Smith(pty:pet), Attorney Sarah D. Thompson added to party Leopoldo Szurgot(pty:pet)(jms). (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
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8
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NOTICE of Appearance by Bardis Vakili on behalf of Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Ramcharan Racquel, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Vakili, Bardis)Attorney Bardis Vakili added to party Jacinto Victor Alvarez(pty:pet), Attorney Bardis Vakili added to party Joseph Broderick(pty:pet), Attorney Bardis Vakili added to party Marlene Cano(pty:pet), Attorney Bardis Vakili added to party Jose Crespo- Venegas(pty:pet), Attorney Bardis Vakili added to party Jane Doe(pty:pet), Attorney Bardis Vakili added to party Noe Gonzalez- Soto(pty:pet), Attorney Bardis Vakili added to party Victor Lara- Soto(pty:pet), Attorney Bardis Vakili added to party Ramcharan Racquel(pty:pet), Attorney Bardis Vakili added to party George Ridley(pty:pet), Attorney Bardis Vakili added to party Michael Jamil Smith(pty:pet), Attorney Bardis Vakili added to party Leopoldo Szurgot(pty:pet)(jms). (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
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9
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MOTION to File Documents Under Seal (With attachments)(Horowitz, Nicole) (aef). (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
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10
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SEALED LODGED Proposed Document re: 9 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Horowitz, Nicole) (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
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11
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NOTICE OF RELATED CASE(S) by Steven C. Stafford of case(s) 20- cv-539-AJB-AGS; 20-cv-618-BAS-RBB; 20-cv-658-LAB-MSB; 20- cv-679-H-BLM; 20-cv-744-WQH-AGS; 20-cv-750-H-MDD; 20-cv- 764-BEN-JLB; 20-cv-0756-DMS-AHG re 4 Notice of Related Case, . (Norris, Brett) (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
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13
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13797773.) (Application to be reviewed by Clerk.) (Shebaya, Sirine) (jms). (rmc). (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
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17
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ORDER Setting Briefing Schedule. (Re ECF 2 , 3 ) Respondents- Defendants shall file a response to these motions on or before May 1, 2020 at 12:00 p.m. Petitioners-Plaintiffs may file reply on or before May 4, 2020 at 12:00 p.m. Hearing Petitioners-Plaintiffs' motions shall be scheduled for May 5, 2020 at 1:30 p.m. The parties shall appear telephonically. The Court will provide the dial information to Counsel in advance of the hearing. Signed by Judge Dana M. Sabraw on 4/27/2020.(aef) (Entered: 04/28/2020)
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April 27, 2020
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April 27, 2020
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14
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13798764.) (Application to be reviewed by Clerk.) (Simkin, Alexander) (jms). QC mail sent on 4/28/2020 re missing signature, instructed to re-file without re-paying (rmc). (Entered: 04/28/2020)
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April 28, 2020
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April 28, 2020
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15
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13798827.) (Application to be reviewed by Clerk.) (McPhee, Joanne) (jms). QC mail sent re missing signature on 4/28/2020, instructed to re-file without re-paying (rmc). (Entered: 04/28/2020)
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April 28, 2020
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April 28, 2020
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16
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13799155.) (Application to be reviewed by Clerk.) (Gugel, Helen) (jms). QC mail sent re missing signature on 4/28/2020, instructed to re-file without re-paying (rmc). (Entered: 04/28/2020)
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April 28, 2020
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April 28, 2020
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18
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Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Simkin, Alexander) (rmc). (Entered: 04/28/2020)
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April 28, 2020
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April 28, 2020
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19
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Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (McPhee, Joanne) (rmc). (Entered: 04/28/2020)
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April 28, 2020
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April 28, 2020
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21
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13801384.) (Application to be reviewed by Clerk.) (Vogel, Matthew) (rmc). (Entered: 04/28/2020)
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April 28, 2020
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April 28, 2020
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22
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Emergency MOTION to Stay re 3 MOTION to Certify Class by Steven C. Stafford, Donald W. Washington. (Keehn, Douglas)Attorney Douglas Keehn added to party Steven C. Stafford(pty:res), Attorney Douglas Keehn added to party Donald W. Washington(pty:res)(jms). (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
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23
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ORDER Approving the Pro Hac Vice Application of Vogel, Matthew, re 21 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 4/30/2020.(dsn) (Entered: 04/30/2020)
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April 30, 2020
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April 30, 2020
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24
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ORDER Approving the Pro Hac Vice Application of McPhee, Joanne, re 19 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 4/30/2020.(dsn) (Entered: 04/30/2020)
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April 30, 2020
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April 30, 2020
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25
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ORDER Approving the Pro Hac Vice Application of Shebaya, Sirine, re 13 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 4/30/2020.(dsn) (Entered: 04/30/2020)
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April 30, 2020
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April 30, 2020
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26
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ORDER Approving the Pro Hac Vice Application of Gugel, Helen, re 20 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 4/30/2020.(dsn) (Entered: 04/30/2020)
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April 30, 2020
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April 30, 2020
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27
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ORDER Approving the Pro Hac Vice Application of Simkin, Alexander, re 18 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 4/30/2020.(dsn) (Entered: 04/30/2020)
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April 30, 2020
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April 30, 2020
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28
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RESPONSE to Motion re 22 Emergency MOTION to Stay re 3 MOTION to Certify Class filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (McPhee, Joanne) (jms). (Entered: 04/30/2020)
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April 30, 2020
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April 30, 2020
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29
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RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by Donald W. Washington. (Attachments: # 1 Exhibit A, # 2 Declaration of Keith Johnson, # 3 Declaration L. Mileto)(Norris, Brett) (jms). (Entered: 05/01/2020)
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May 1, 2020
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May 1, 2020
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30
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RESPONSE in Opposition re 3 MOTION to Certify Class filed by Steven C. Stafford, Donald W. Washington. (Attachments: # 1 Declaration of Keith Johnson)(Norris, Brett)(jms). (Entered: 05/01/2020)
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May 1, 2020
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May 1, 2020
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31
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MOTION for Order Denying Writ of Habeas Corpus and Injunctive Relief and Declaratory Relief by Steven C. Stafford, Donald W. Washington. (Attachments: # 1 Exhibit A, # 2 Declaration of Keith Johnson, # 3 Declaration of L. Mileto)(Norris, Brett)Attorney Brett Norris added to party Steven C. Stafford(pty:res), Attorney Brett Norris added to party Donald W. Washington(pty:res) (jms). (Entered: 05/01/2020)
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May 1, 2020
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May 1, 2020
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32
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ORDER Granting 22 Motion to Stay Briefing on Class Certification. The Court grants Respondents' motion and stays briefing on Petitioners' motion for class certification pending resolution of Petitioners' motion for temporary restraining order. Signed by Judge Dana M. Sabraw on 5/1/2020. (aef) (Entered: 05/01/2020)
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May 1, 2020
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May 1, 2020
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33
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NOTICE of Appearance by Paul L Starita on behalf of Christopher J. LaRose, Steven C. Stafford, Donald W. Washington (Starita, Paul)Attorney Paul L Starita added to party Christopher J. LaRose(pty:res), Attorney Paul L Starita added to party Steven C. Stafford(pty:res), Attorney Paul L Starita added to party Donald W. Washington(pty:res) (jms). (Entered: 05/01/2020)
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May 1, 2020
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May 1, 2020
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34
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NOTICE of Appearance Amended by Paul L Starita on behalf of Steven C. Stafford, Donald W. Washington (Starita, Paul)(jms). (Entered: 05/01/2020)
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May 1, 2020
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May 1, 2020
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35
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SUPPLEMENTAL DOCUMENT by Steven C. Stafford, Donald W. Washington re 29 Response in Opposition to Motion, 31 MOTION for Order Denying Writ of Habeas Corpus and Injunctive Relief and Declaratory Relief . (Norris, Brett)(jms). (Entered: 05/02/2020)
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May 2, 2020
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May 2, 2020
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36
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REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Declaration of Attorney Joan McPhee in Support, # 2 Table of Contents - List of Exhibits, # 3 Exhibit A to McPhee Declaration, # 4 Exhibit B to McPhee Declaration, # 5 Exhibit C to McPhee Declaration, # 6 Exhibit D to McPhee Declaration, # 7 Exhibit E to McPhee Declaration)(McPhee, Joanne) (jms). (Entered: 05/04/2020)
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May 4, 2020
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May 4, 2020
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37
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RESPONSE to Motion re 31 MOTION for Order Denying Writ of Habeas Corpus and Injunctive Relief and Declaratory Relief filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo- Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Declaration of Mitra Ebadolahi in Support, # 2 Table of Contents - List of Exhibits, # 3 Exhibit A to Ebadolahi Declaration, # 4 Exhibit B to Ebadolahi Declaration, # 5 Exhibit C to Ebadolahi Declaration, # 6 Exhibit D to Ebadolahi Declaration, # 7 Exhibit E to Ebadolahi Declaration, # 8 Exhibit F to Ebadolahi Declaration, # 9 Exhibit G to Ebadolahi Declaration, # 10 Exhibit H to Ebadolahi Declaration, # 11 Exhibit I to to Ebadolahi Declaration, # 12 Exhibit J to Ebadolahi Declaration)(McPhee, Joanne) (jms). (Entered: 05/04/2020)
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May 4, 2020
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May 4, 2020
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38
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OBJECTION by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 31 MOTION for Order Denying Writ of Habeas Corpus and Injunctive Relief and Declaratory Relief (as to Hearing Date) . (McPhee, Joanne)) QC mailer sent re incorrect s/ (jms). (Entered: 05/04/2020)
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May 4, 2020
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May 4, 2020
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39
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NOTICE of Supplemental Authority by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 37 Response to Motion,,, (Attachments: # 1 Exhibit A)(McPhee, Joanne) (jms). (Entered: 05/04/2020)
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May 4, 2020
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May 4, 2020
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40
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SUPPLEMENTAL DOCUMENT by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 36 Reply to Response to Motion,, (Supplemental Declaration of Attorney Joan McPhee in Support of Petitioners' Reply in Support of Petitioners' Emergency Motion for Temporary Restraining Order) . (Attachments: # 1 Exhibit F)(McPhee, Joanne) (jms). (Entered: 05/04/2020)
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May 4, 2020
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May 4, 2020
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41
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Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 5/5/2020 re 2 Motion for Temporary Restraining Order, and 3 MOTION to Certify Class. All parties appeared telephonically. Motion taken under submission. Court to issue order. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Sirine Shebaya, Mitra Ebadolahi). (Defendant Attorney Douglas Keehn, Brett Norris, Paul Starita). (no document attached) (jak) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
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43
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NOTICE of Supplemental Facts by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Attachments: # 1 Exhibit A)(McPhee, Joanne) (jms). (Entered: 05/07/2020)
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May 7, 2020
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May 7, 2020
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44
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MOTION for Leave to File Notice of Motion and Motion for Leave to Substitute Expert Declaration of Robert L. Cohen M.D. by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo- Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Declaration of Sirine Shebaya, # 2 Exhibit A to Sirine Shebaya Declaration)(McPhee, Joanne) (jms). (Entered: 05/07/2020)
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May 7, 2020
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May 7, 2020
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45
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13846515.) (Application to be reviewed by Clerk.) (Spera, Clara) (rmc). (Entered: 05/08/2020)
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May 8, 2020
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May 8, 2020
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46
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ORDER Denying 2 Motion for Temporary Retraining Order. Signed by Judge Dana M. Sabraw on 5/9/2020. (aef) (Entered: 05/09/2020)
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May 9, 2020
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May 9, 2020
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47
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MOTION for Leave to File Brief of Amici Curiae Public Health Experts by Michael Puisis, D.O., Brie Williams, M.D., M.S.. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit Amicus Brief, # 3 Proof of Service)(Iredale, Eugene)Attorney Eugene G Iredale added to party Michael Puisis, D.O.(pty:am), Attorney Eugene G Iredale added to party Brie Williams, M.D., M.S.(pty:am) (jms). (Entered: 05/11/2020)
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May 11, 2020
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May 11, 2020
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48
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Ex Parte MOTION to Amend/Correct 46 Order on Motion for TRO by Steven C. Stafford, Donald W. Washington. (Norris, Brett) (jms). (Entered: 05/11/2020)
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May 11, 2020
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May 11, 2020
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49
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13858052.) (Application to be reviewed by Clerk.) (Buergel, Susanna) (rmc). (Entered: 05/12/2020)
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May 12, 2020
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May 12, 2020
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50
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13858078.) (Application to be reviewed by Clerk.) (Johnson, Darren) (rmc). (Entered: 05/12/2020)
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May 12, 2020
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May 12, 2020
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52
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PRO HAC APPROVED: Susanna M. Buergel appearing for Amicus Parties Michael Puisis, D.O., Brie Williams, M.D., M.S. (no document attached) (rmc) (Entered: 05/12/2020)
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May 12, 2020
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May 12, 2020
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53
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PRO HAC APPROVED: David C. Kimball-Stanley appearing for Amicus Parties Michael Puisis, D.O., Brie Williams, M.D., M.S. (no document attached) (rmc) (Entered: 05/12/2020)
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May 12, 2020
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May 12, 2020
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54
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PRO HAC APPROVED: Darren W. Johnson appearing for Amicus Parties Michael Puisis, D.O., Brie Williams, M.D., M.S. (no document attached) (rmc) (Entered: 05/12/2020)
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May 12, 2020
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May 12, 2020
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55
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RESPONSE in Opposition re 47 MOTION for Leave to File Brief of Amici Curiae Public Health Experts filed by Steven C. Stafford, Donald W. Washington. (Norris, Brett) (aef). (Entered: 05/12/2020)
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May 12, 2020
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May 12, 2020
|
56
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RESPONSE in Opposition re 48 Ex Parte MOTION to Amend/Correct 46 Order on Motion for TRO filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (McPhee, Joanne)(aef). (Entered: 05/12/2020)
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May 12, 2020
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May 12, 2020
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57
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ORDER Correcting May 9, 2020 Order. The Court grants Defendants' ex parte motion and amends the May 9, 2020 Order to read: "Defendants do not concede Plaintiffs' factual allegations but contend the PLRA precludes this Court from issuing the relief Plaintiffs seek." An Amended Order denying Plaintiffs' motion for temporary restraining order will be filed consistent with the foregoing. Signed by Judge Dana M. Sabraw on 5/12/2020. (aef) (Entered: 05/13/2020)
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May 12, 2020
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May 12, 2020
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58
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Amended Order Denying Motion for Temporary Restraining Order. Signed by Judge Dana M. Sabraw on 5/12/2020.(aef) (Entered: 05/13/2020)
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May 12, 2020
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May 12, 2020
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59
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ORDER Setting Briefing Schedule. Currently pending before the Court is Plaintiffs' motion for preliminary injunction. Plaintiffs shall file their brief in support of preliminary injunction on or before May 15, 2020 at 5:00 p.m. Defendants shall respond on or before Friday, May 22, 2020 at 5:00 p.m. Plaintiffs may reply on or before May 27, 2020 at 5:00 p.m. Hearing on the matter shall be scheduled for May 29, 2020 at 10:00 a.m. Signed by Judge Dana M. Sabraw on 5/12/2020.(aef) (Entered: 05/13/2020)
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May 12, 2020
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May 12, 2020
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61
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MOTION for Preliminary Injunction (Plaintiff-Petitioners' Notice of Motion and Motion for Preliminary Injunction and Provisional Class Certification) by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Plaintiff-Petitioners' Brief in Support of Motion for Preliminary Injunction and Provisional Class Certification, # 2 Declaration of Attorney Joan McPhee in Support of Plaintiff- Petitioners' Motion for Preliminary Injunction and Provisional Class Certification, # 3 Table of Contents, # 4 Exhibit Exhibit A to Joan McPhee Declaration, # 5 Exhibit Exhibit B to Joan McPhee Declaration)(McPhee, Joanne) (jms). (Entered: 05/15/2020)
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May 15, 2020
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May 15, 2020
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62
|
CERTIFICATE OF SERVICE by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 1 Petition for Writ of Habeas Corpus,,,, 2 MOTION for Temporary Restraining Order (McPhee, Joanne) (jms). (Entered: 05/18/2020)
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May 18, 2020
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May 18, 2020
|
63
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CERTIFICATE OF SERVICE by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 1 Petition for Writ of Habeas Corpus,,,, 2 MOTION for Temporary Restraining Order (McPhee, Joanne) (jms). (Entered: 05/18/2020)
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May 18, 2020
|
May 18, 2020
|
64
|
CERTIFICATE OF SERVICE by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 1 Petition for Writ of Habeas Corpus,,,, 2 MOTION for Temporary Restraining Order (McPhee, Joanne) (jms). (Entered: 05/18/2020)
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May 18, 2020
|
May 18, 2020
|
65
|
CERTIFICATE OF SERVICE by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 1 Petition for Writ of Habeas Corpus,,,, 2 MOTION for Temporary Restraining Order (McPhee, Joanne) (jms). (Entered: 05/18/2020)
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May 18, 2020
|
May 18, 2020
|
66
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CERTIFICATE OF SERVICE by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 1 Petition for Writ of Habeas Corpus,,,, 2 MOTION for Temporary Restraining Order (McPhee, Joanne) (jms). (Entered: 05/18/2020)
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May 18, 2020
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May 18, 2020
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67
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ORDER Approving the Pro Hac Vice Application of Clara Spera, re 45 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 5/20/2020.(rmc) (Entered: 05/21/2020)
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May 20, 2020
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May 20, 2020
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68
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RESPONSE in Opposition re 61 MOTION for Preliminary Injunction (Plaintiff-Petitioners' Notice of Motion and Motion for Preliminary Injunction and Provisional Class Certification) filed by Steven C. Stafford, Donald W. Washington. (Attachments: # 1 Exhibit A)(Norris, Brett) (jms). (Entered: 05/22/2020)
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May 22, 2020
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May 22, 2020
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69
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ORDER Requiring Response. Defendants shall file their supplemental response on or before May 29, 2020 at 9:00 a.m. Plaintiffs may file a sur-reply on or before June 3, 2020 at 12:00 p.m. Oral argument will proceed as presently scheduled. Signed by Judge Dana M. Sabraw on 5/26/2020.(aef) (Entered: 05/26/2020)
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May 26, 2020
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May 26, 2020
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70
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RESPONSE in Support re 61 MOTION for Preliminary Injunction (Plaintiff-Petitioners' Notice of Motion and Motion for Preliminary Injunction and Provisional Class Certification) filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo- Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (McPhee, Joanne) (jms). (Entered: 05/27/2020)
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May 27, 2020
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May 27, 2020
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71
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RESPONSE in Opposition re 61 MOTION for Preliminary Injunction (Plaintiff-Petitioners' Notice of Motion and Motion for Preliminary Injunction and Provisional Class Certification) filed by Steven C. Stafford, Donald W. Washington. (Attachments: # 1 Declaration of C. LaRose, # 2 Info Sheet Index to Declaration of C. LaRose, # 3 Exhibit 1 to Declaration of C. LaRose, # 4 Exhibit 2 to Declaration of C. LaRose, # 5 Exhibit 3 to Declaration of C. LaRose, # 6 Exhibit 4 to Declaration of C. LaRose, # 7 Exhibit 5 to Declaration of C. LaRose, # 8 Exhibit 6 to Declaration of C. LaRose, # 9 Exhibit 7 to Declaration of C. LaRose, # 10 Exhibit 8 to Declaration of C. LaRose, # 11 Exhibit 9 to Declaration of C. LaRose, # 12 Exhibit 10 to Declaration of C. LaRose, # 13 Exhibit 11 to Declaration of C. LaRose, # 14 Exhibit 12 to Declaration of C. LaRose, # 15 Exhibit 13 to Declaration of C. LaRose, # 16 Exhibit 14 to Declaration of C. LaRose, # 17 Exhibit 15a to Declaration of C. LaRose, # 18 Exhibit 15b to Declaration of C. LaRose, # 19 Exhibit 15c to Declaration of C. LaRose, # 20 Exhibit 15d to Declaration of C. LaRose, # 21 Exhibit 15e to Declaration of C. LaRose, # 22 Exhibit 15f to Declaration of C. LaRose, # 23 Exhibit 16 to Declaration of C. LaRose, # 24 Exhibit 17 to Declaration of C. LaRose, # 25 Exhibit 18 to Declaration of C. LaRose, # 26 Exhibit 19 to Declaration of C. LaRose, # 27 Exhibit 20 to Declaration of C. LaRose, # 28 Exhibit 21 to Declaration of C. LaRose, # 29 Declaration of Keith Johnson)(Norris, Brett) (jms). (Entered: 05/28/2020)
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May 28, 2020
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May 28, 2020
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72
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ORDER Granting 47 Motion for Leave to File Brief of Amici Curiae. The Court grants Dr. Puisis and Dr. Williams's motion. Accordingly, amici may file their brief forthwith. Signed by Judge Dana M. Sabraw on 5/28/2020. (aef) (Entered: 05/29/2020)
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May 28, 2020
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May 28, 2020
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73
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Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 5/29/2020. All parties appeared telephonically. Court to issue order. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Sirine Shebaya, Mitra Ebadolahi). (Defendant Attorney Paul Starita, Douglas Keehn, Brett Norris). (no document attached) (jak) (Entered: 05/29/2020)
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May 29, 2020
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May 29, 2020
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74
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SUPPLEMENTAL DOCUMENT by Michael Puisis, D.O., Brie Williams, M.D., M.S. re 72 Order on Motion for Leave to File Document Brief of Amici Curiae Public Health Experts . (Attachments: # 1 Proof of Service)(Iredale, Eugene) (jms). (Entered: 05/29/2020)
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May 29, 2020
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May 29, 2020
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75
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Motion Hearing) held on 5/29/2020 before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to set for 7/2/2020. Release of Transcript Restriction set for 8/31/2020. (akr) (Entered: 06/01/2020)
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June 1, 2020
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June 1, 2020
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76
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NOTICE of Filing Supplemental Documents by Steven C. Stafford, Donald W. Washington re 71 Response in Opposition to Motion (Attachments: # 1 Exhibit A & B)(Norris, Brett) (jms). (Entered: 06/02/2020)
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June 2, 2020
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June 2, 2020
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77
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SUR-REPLY - re 61 MOTION for Preliminary Injunction (Plaintiff- Petitioners' Notice of Motion and Motion for Preliminary Injunction and Provisional Class Certification) , 69 Order,, Set Motion and R&R Deadlines/Hearings, filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Declaration of Attorney Joan McPhee in Support of Plaintiff-Petitioners Reply in Support of Plaintiff-Petitioners' Motion for Preliminary Injunction and Provisional Class Certification, # 2 Table of Content - List of Exhibits, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(McPhee, Joanne) (jms). (Entered: 06/03/2020)
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June 3, 2020
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June 3, 2020
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78
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MOTION for Leave to File Excess Pages (Plaintiff-Petitioners' Unopposed Ex Parte Application for Leave to Exceed Ten Pages) by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo- Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (McPhee, Joanne) (jms). (Entered: 06/03/2020)
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June 3, 2020
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June 3, 2020
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79
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MOTION to File Documents Under Seal (With attachments)(Simkin, Alexander) (aef). (Entered: 06/03/2020)
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June 3, 2020
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June 3, 2020
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80
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SEALED LODGED Proposed Document re: 79 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Simkin, Alexander)(aef). (Entered: 06/03/2020)
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June 3, 2020
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June 3, 2020
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81
|
ORDER Denying 61 Motion for Preliminary Injunction. Plaintiffs' motion for preliminary injunction is respectfully denied, and Plaintiffs' motion for class certification (ECF No. 3) is denied as moot. Signed by Judge Dana M. Sabraw on 6/7/2020. (aef) (Entered: 06/07/2020)
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June 7, 2020
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June 7, 2020
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82
|
NOTICE OF APPEAL to the 9th Circuit as to 81 Order by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo- Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Filing fee $ 505 receipt number ACASDC-14269551.) (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Attachments: # 1 Representation Statement)(Horowitz, Nicole). (Modified on 8/4/2020: Edited docket text re linked Order.) (akr). (Entered: 08/04/2020)
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Aug. 4, 2020
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Aug. 4, 2020
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83
|
USCA Case Number 20-55795 for 82 Notice of Appeal to the 9th Circuit filed by Racquel Ramcharan, Victor Lara-Soto, Jane Doe, George Ridley, Marlene Cano, Joseph Broderick, Jose Crespo-Venegas, Leopoldo Szurgot, Jacinto Victor Alvarez, Noe Gonzalez-Soto, Michael Jamil Smith. (akr) (Entered: 08/05/2020)
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Aug. 5, 2020
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Aug. 5, 2020
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84
|
ORDER of USCA as to 82 Notice of Appeal to the 9th Circuit. The appeal filed August 4, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the USDC that will be included in the record on appeal. Briefing schedule issued. No streamlined extensions of time will be approved. Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. (akr) (Entered: 08/07/2020)
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Aug. 7, 2020
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Aug. 7, 2020
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85
|
MINUTE ORDER Setting Telephonic Discovery Conference. Pursuant to an emailed request to chambers seeking court intervention in a dispute regarding Petitioners' request for limited expedited early discovery, the Court sets a Discovery Conference for 9/1/2020 at 11:00 AM before Magistrate Judge Allison H. Goddard. Counsel shall call the chambers teleconference line at 1-877-873-8018 and use 8367902 as the access code to join the conference. Signed by Magistrate Judge Allison H. Goddard on 9/1/2020.(no document attached) (kxm) (Entered: 09/01/2020)
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Sept. 1, 2020
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Sept. 1, 2020
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86
|
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Discovery Conference held on 9/1/2020. The Court set a briefing schedule for a joint motion to be filed on the discovery dispute. Formal briefing schedule order to issue. (Attorneys for Petitioners Alex Simkin, Mitra Ebadolahi, Sirine Shebaya, Sarah Thompson, Emily Child, Natasha Siveski, and Abigail Burton). (Attorneys for Respondents Paul Starita and Brett Norris). (no document attached) (kxm) (Entered: 09/01/2020)
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Sept. 1, 2020
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Sept. 1, 2020
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87
|
ORDER Setting Briefing Schedule for Joint Motion for Resolution of Dispute Regarding Rule 34 Site Inspection Sought by Petitioners. Petitioners must file the Joint Motion by 9/9/20. The Joint Motion shall be limited to 20 pages in length (ten pages per side), not including 9/1/20.(jmo) (Entered: 09/01/2020)
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Sept. 1, 2020
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Sept. 1, 2020
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88
|
Joint MOTION for Extension of Time to File by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Simkin, Alexander) (jms). (Entered: 09/09/2020)
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Sept. 9, 2020
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Sept. 9, 2020
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89
|
Joint MOTION for Discovery /Joint Motion for Determination of Rule 34 Site Inspection Discovery Dispute by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Christopher J. LaRose, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Steven C. Stafford, Leopoldo Szurgot, Donald W. Washington. (Simkin, Alexander) (jms). (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
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90
|
DECLARATION re 89 Joint MOTION for Discovery /Joint Motion for Determination of Rule 34 Site Inspection Discovery Dispute /Declaration of Attorney Alexander B. Simkin in Support of Plaintiffs' Position in Joint Motion for Determination of Rule 34 Site Inspection Discovery Dispute. by Petitioners Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot, Respondents Christopher J. LaRose, Steven C. Stafford, Donald W. Washington. (Attachments: # 1 List of Exhibits to Simkin Declaration, # 2 Exhibit A to Simkin Declaration - Declaration of Danielle Castagne, # 3 Exhibit B to Simkin Declaration - Declaration of Billie Jo Reynolds, # 4 Exhibit C to Simkin Declaration - Supplemental Declaration of Joseph Broderick, # 5 [Proposed Order Granting Plaintiffs Limited Expedited Discovery, # 6 Declaration of Brett Norris in Support of Rule 34 Site Inspection Discovery DIspute, # 7 Supplemental Declaration of Warden C. LaRose, # 8 Index of Attachments to LaRose Supplemental Declaration, # 9 Attachment 1 to LaRose Supplemental Declaration - Exemplar COVID-19 Educational Flyers posted throughout OMDC, # 10 Attachment 2 to LaRose Supplemental Declaration, # 11 Declaration of Chief Deputy United States Marshal Keith Johnson)(Simkin, Alexander) (jms). (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
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91
|
ORDER Granting Joint Motion for Extension. (ECF No. 88 ) A 12-hour extension from 9/9/20 to 9/10/20 at noon to file a joint motion concerning their discovery dispute is granted nunc pro tunc. Signed by Magistrate Judge Allison H. Goddard on 9/10/20. (jmo) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
|
93
|
NOTICE of Withdrawal of Counsel, Clara Spera by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Spera, Clara) (mme). (Entered: 09/16/2020)
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Sept. 16, 2020
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Sept. 16, 2020
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94
|
*STRICKEN PER ORDER 114 * ORDER Resolving Joint Motion for Determination of Rule 34 Site Inspection Discovery Dispute, Granting in Part and Denying in Part Plaintiffs' Motion for a Rule 34 Site Inspection (ECF No. 89 ). Signed by Magistrate Judge Allison H. Goddard on 9/18/20. (jmo) (Additional attachment(s) added on 10/2/2020: # 1 Stricken Document) (jcj). Modified on 10/2/2020 to indicate "Stricken per Order" (jcj). (Entered: 09/18/2020)
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Sept. 18, 2020
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Sept. 18, 2020
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114
|
Amended ORDER Resolving Joint Motion for Determination of Rule 34 Site Inspection Discovery Dispute, Granting in Part and Denying in Part Plaintiffs' Motion for a Rule 34 Site Inspection (ECF No. 89 ). The Court originally entered this Order on September 18, 2020, ECF No. 94 , and the Government objected to the Order in part and requested that certain language in the Order be stricken. Because that language is not necessary to the Courts Order, the Court enters this Amended Order sua sponte removing that language. Otherwise, the Order remains unchanged. The original Order entered at ECF No. 94 is hereby STRICKEN and replaced with this Amended Order. Signed by Magistrate Judge Allison H. Goddard on 10/02/2020.(jcj) (Entered: 10/02/2020)
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Sept. 18, 2020
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Sept. 18, 2020
|
95
|
NOTICE Of Intent To File Objection by Steven C. Stafford, Donald W. Washington (Norris, Brett) (jms). (Entered: 09/20/2020)
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Sept. 20, 2020
|
Sept. 20, 2020
|
96
|
Ex Parte MOTION to Stay re 94 Order on Motion for Discovery, by Steven C. Stafford, Donald W. Washington. (Norris, Brett) (jms). (Entered: 09/20/2020)
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Sept. 20, 2020
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Sept. 20, 2020
|
97
|
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14541490.) (Application to be reviewed by Clerk.) (McEntee, Megan) (rmc). (Entered: 09/21/2020)
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Sept. 21, 2020
|
Sept. 21, 2020
|
99
|
PRO HAC APPROVED: Z. Gabriel Arkles appearing for Petitioners (no document attached) (rmc) (Entered: 09/21/2020)
|
Sept. 21, 2020
|
Sept. 21, 2020
|
100
|
ORDER Granting in Part and Denying in Part 96 Respondents' Ex Parte Motion to Stay Implementation of Order. Signed by Magistrate Judge Allison H. Goddard on 9/21/20. (kxm) (Entered: 09/21/2020)
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Sept. 21, 2020
|
Sept. 21, 2020
|
101
|
NOTICE of Appearance by Matthew Miguel Mahoney on behalf of Christopher J. LaRose (Mahoney, Matthew)Attorney Matthew Miguel Mahoney added to party Christopher J. LaRose(pty:res) (jms). (Entered: 09/22/2020)
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Sept. 22, 2020
|
Sept. 22, 2020
|
102
|
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14556135.) (Application to be reviewed by Clerk.) (Love, Rachel) (rmc). (Entered: 09/23/2020)
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Sept. 23, 2020
|
Sept. 23, 2020
|
103
|
PRO HAC APPROVED: Rachel Love appearing for Respondent Christopher J. LaRose (no document attached) (rmc) (Entered: 09/23/2020)
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Sept. 23, 2020
|
Sept. 23, 2020
|
104
|
MOTION for Extension of Time to File Defendants-Respondents Motion for One Day Extension to Provide Status Report Regarding Facility Site Inspection Proposed Interview Protocols by Christopher J. LaRose. (Attachments: # 1 Certificate of Service)(Love, Rachel) (mme). (Entered: 09/23/2020)
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Sept. 23, 2020
|
Sept. 23, 2020
|
105
|
ORDER granting 104 Motion for Extension of Time. Signed by Magistrate Judge Allison H. Goddard on 9/23/2020. (kxm) (Entered: 09/23/2020)
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Sept. 23, 2020
|
Sept. 23, 2020
|
106
|
ORDER Approving the Pro Hac Vice Application of Megan McEntee, re 97 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 9/24/2020.(rmc) (Entered: 09/25/2020)
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Sept. 25, 2020
|
Sept. 25, 2020
|
107
|
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14581721.) (Application to be reviewed by Clerk.) (Struck, Daniel) (rmc). (Entered: 09/28/2020)
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Sept. 28, 2020
|
Sept. 28, 2020
|