Case: Gayle v. Napolitano

Gayle v. Elwood

Francois v. Napolitano

Gayle v. Johnson

Gayle v. Johnson

Gayle v. Warden Monmouth County Correctional Institution

Gayle v. Warden Monmouth County

ACLU

ACLU New Jersey

PETITION for Writ of Habeas Corpus 2241 (Filing fee $ 5, Receipt number TRE021690.), filed by GARFIELD O. GAYLE. (Attachments: # 1 Civil Cover Sheet, # 2 Letter from The Legal Aid Society)(jjc) (Entered: 05/10/2012)

APPLICATION for Issuance of Order to Show Cause for by GARFIELD O. GAYLE. (Attachments: # 1 Text of Proposed Order)(jjc) (Entered: 05/10/2012)

Letter from Garfield O. Gayle requesting that an Order to Show Cause be issued. (mmh) (Entered: 09/05/2012)

ORDER that the Clerk of the Court shall serve copies of the Petition, this Order, and all other documents docketed in this matter upon Respondents by certified mail, return receipt requested; the Clerk shall forward a copy of the Petition and this Order to the Chief Civil Division, United States Attorney's Office; that, within 30 days after the date of entry of this Order, Respondents shall electronically file a full and complete answer to said Petition. Signed by Judge Freda L. Wolfson on 10/19/2012. (mmh) (Additional attachment(s) added on 10/19/2012: # 1 Certified Mail Receipts) (mmh). (Entered: 10/19/2012)

1 Certified Mail Receipts

View on PACER

Certified Mail Receipt Returned re 4 Order to Answer; sent to BRIAN ELWOOD. (mmh) (Entered: 10/22/2012)

Certified Mail Receipt Returned re 4 Order to Answer, sent to MONMOUTH COUNTY CORRECTIONAL FACILITY. (mmh) (Entered: 10/22/2012)

Certified Mail Receipt Returned re 4 Order to Answer, sent to SCOTT A. WEBER. (mmh) (Entered: 10/24/2012)

Certified Mail Receipt Returned re 4 Order to Answer, sent to JOHN T. MORTON. (mmh) (Entered: 11/05/2012)

LETTER ORDER granting the Respondent's request for an extension of time to file an answer to the petition; time extended up to and including 12/4/2012. Signed by Judge Freda L. Wolfson on 11/5/2012. (mmh) (Entered: 11/07/2012)

Letter from Peter O'Malley, AUSA re 4 Order to Answer,,. (O'MALLEY, PETER) (Entered: 11/05/2012)

Certified Mail Receipt Returned re 4 Order to Answer, sent to ERIC HOLDER. (mmh) (Entered: 11/05/2012)

AMENDED COMPLAINT Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Declaratory and Injunctive Relief against BRIAN ELWOOD, ERIC HOLDER, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, JOHN TSOUKARIS, CHRISTOPHER SHANAHAN, RAY SIMONSE, ROBERT BIGGOTT, JOSEPH TRABUCCO, ORLANDO RODRIGUEZ, ROY L. HENDRICKS, OSCAR AVILES, filed by GARFIELD O. GAYLE, NEVILLE SUKHU, SHELDON FRANCOIS.(LUSTBERG, LAWRENCE) (Entered: 11/15/2012)

MOTION to Certify Class by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Brief in Support of Motion for Class Certification, # 2 Declaration of Michael Tan, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Text of Proposed Order, # 10 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 11/15/2012)

CERTIFICATE OF SERVICE by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU re 13 MOTION to Certify Class (corrected) (LUSTBERG, LAWRENCE) (Entered: 11/15/2012)

Set Deadlines as to 13 MOTION to Certify Class . Motion set for 12/17/2012 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)

Certified Mail Receipt Returned sent to Janet Napolitano in re 4 (eaj) (Entered: 11/19/2012)

ORDER to Answer. Signed by Judge Freda L. Wolfson on 11/20/2012. (mmh) (Entered: 11/21/2012)

NOTICE of Appearance by JENNIFER A. BOWEN on behalf of OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER (BOWEN, JENNIFER) (Entered: 11/26/2012)

Request for Summons to be Issued by NEVILLE SUKHU, GARFIELD O. GAYLE, SHELDON FRANCOIS as to OSCAR AVILES, ROBERT BIGGOTT, ROY L. HENDRICKS, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS. (LUSTBERG, LAWRENCE) (Entered: 11/26/2012)

NOTICE of Appearance by JONATHAN MATTHEW MANES on behalf of SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU (MANES, JONATHAN) (Entered: 12/03/2012)

RESPONSE to Petition for Writ of Habeas Corpus by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER. (Attachments: # 1 Exhibit 1 - Charles Decl., # 2 Exhibit A - Notice to Appear, # 3 Exhibit B - Custody Determination, # 4 Exhibit C - Alien Address, # 5 Exhibit D - Creation of LPR, # 6 Exhibit E - Immigration Hearing, June 2012, # 7 Exhibit F - Immigration Hearing, Aug. 2012, # 8 Exhibit G - Immigration Hearing Oct. 2012, # 9 Exhibit H - IJ Order Oct. 2012, # 10 Exhibit I - Immigration Hearing, Jan. 2013)(BOWEN, JENNIFER) (Entered: 12/04/2012)

Response/ ANSWER to Amended Complaint and Request to Dismiss by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER. (Attachments: # 1 Exhibit 1 - Boyd Decl., # 2 Exhibit A - Gayle NTA, # 3 Exhibit B - Gayle I-286, # 4 Exhibit C - Gayle - Alien Address, # 5 Exhibit D - Gayle - LPR Record, # 6 Exhibit E - Gayle - June 2012 Hearing, # 7 Exhibit F - Gayle - Aug. 2012 Hearing, # 8 Exhibit G - Gayle - Oct. 2012 Hearing, # 9 Exhibit H - Gayle - IJ Order, # 10 Exhibit I - Gayle - Jan. 2013 Hearing, # 11 Exhibit J - Francois - NTA, # 12 Exhibit K - Francois - I-286, # 13 Exhibit L - Francois - Alien Address, # 14 Exhibit M - Francois - Oct. 2012 Hearing, # 15 Exhibit N - Francois - Dec. 2012 Hearing, # 16 Exhibit N-1 - Francois - Jan. 2013 Hearing, # 17 Exhibit O - Sukhu - NTA, # 18 Exhibit P - Sukhu - I-286, # 19 Exhibit Q - Sukhu - Alien Address, # 20 Exhibit R - Sukhu - Nov. 2011 Hearing, # 21 Exhibit S - Sukhu - Jan. 2012 Hearing, # 22 Exhibit T - Sukhu - March 2012 Hearing, # 23 Exhibit U - Sukhu - ICE Submission of Evidence, # 24 Exhibit V - Sukhu - Form I-261, # 25 Exhibit W - Sukhu - I-130 Petition, # 26 Exhibit X - Suhku - April 2012 Hearing, # 27 Exhibit Y - Sukhu - I-797, # 28 Exhibit Z - Sukhu - July 2012 Hearing, # 29 Exhibit AA - Sukhu - Oct. 2012 Hearing, # 30 Exhibit BB- Sukhu - ICE Prehearing Statement, # 31 Exhibit CC - Sukhu - Dec. 2012 Hearing, # 32 Exhibit DD - Suhku - Mar. 2013 Hearing)(BOWEN, JENNIFER) (Entered: 12/21/2012)

MEMORANDUM in Opposition filed by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER re 13 MOTION to Certify Class (BOWEN, JENNIFER) (Entered: 12/21/2012)

REPLY to Response re 20 Response to Habeas Petition,,,. (Attachments: # 1 Declaration of Molly Lauterback, # 2 Exhibit A - Notice to Appear dated Mar. 24, 2012, # 3 Exhibit B - Application for Cancellation of Removal filed Oct. 15, 2012, # 4 Exhibit C - Letter from UBJCA Local Union 157 dated July 16, 2012, # 5 Exhibit D - Affidavit of Martin Allen dated Oct. 9, 2012, # 6 Exhibit E - Letter from Martin Allen dated Aug. 8, 2012, # 7 Declaration of Garfield Gayle, # 8 Declaration of Antoinette Vanderveer, # 9 Declaration of Isha Gayle, # 10 Declaration of Niagerine Makanju, # 11 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/03/2013)

Letter from Lawrence S. Lustberg re 22 Memorandum in Opposition of Motion, 21 Answer to Amended Complaint,,,,,,. (LUSTBERG, LAWRENCE) (Entered: 01/03/2013)

LETTER ORDER granting Petitioners/Plaintiffs request for approval of a schedule for Petitioners/Plaintiffs to file reply briefs on two outstanding matters. Signed by Judge Freda L. Wolfson on 1/7/2013. (mmh) (Entered: 01/08/2013)

Consent MOTION for Leave to Appear Pro Hac Vice of Judy Rabinovitz by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Certification of Judy Rabinovitz, # 2 Certification of Lawrence S. Lustberg, # 3 Statement pursuant to Local Rule 7.1, # 4 Text of Proposed Order, # 5 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/24/2013)

Consent MOTION for Leave to Appear Pro Hac Vice of Michael Tan by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Certification of Michael K. T. Tan, # 2 Certification of Lawrence S. Lustberg, # 3 Statement pursuant to Local Civil Rule 7.1, # 4 Text of Proposed Order, # 5 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/24/2013)

Consent MOTION for Leave to Appear Pro Hac Vice of Dror Ladin by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Certification of Dror Ladin, # 2 Certification of Lawrence S. Lustberg, # 3 Statement pursuant to Local Civil Rule 7.1, # 4 Text of Proposed Order, # 5 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/24/2013)

Consent MOTION for Leave to Appear Pro Hac Vice of Ahilan T. Arulanantham by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Certification of Ahilan T. Arulanantham, # 2 Certification of Lawrence S. Lustberg, # 3 Statement pursuant to Local Civil Rule 7.1, # 4 Text of Proposed Order, # 5 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/24/2013)

REPLY BRIEF to Opposition to Motion filed by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU re 13 MOTION to Certify Class (Attachments: # 1 Declaration of Molly Lauterback, # 2 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/25/2013)

RESPONSE re 21 Answer to Amended Complaint,,,,,,. (Attachments: # 1 Declaration of Molly Lauterback, # 2 Exhibit A -Gayle Motion To Terminate, # 3 Exhibit B -Gayle Application for Cancellation of Removal, # 4 Exhibit C -Gayle Brief in Support of Cancellation of Removal, # 5 Exhibit D - Gayle Supplemental Brief in Support of Cancellation of Removal, # 6 Exhibit E - Francois Notice To Appear, # 7 Exhibit F - Francois Application for Cancellation of Removal, # 8 Exhibit G - Francois Application for Asylum and Withholding of Removal, # 9 Exhibit H - Letter from Crystal Souza, FOIA Specialist, # 10 Exhibit I - FOIA 12-129.mdb Excerpt, # 11 Exhibit J - FOIA 12-129.mdb Lookup Tables, # 12 Exhibit K - Fong Deposition Excerpts, # 13 Exhibit L - OIG Report Excerpts, # 14 Exhibit M - Markowitz Excerpts, # 15 Exhibit N - Administrative Office of U.S. Courts Table, # 16 Declaration of Sarah Gillman, # 17 Exhibit A - Sukhu Notice To Appear, # 18 Exhibit B - Sukhu Form I-261, # 19 Exhibit C - Sukhu Brief in Support of Motion To Terminate, # 20 Exhibit D - Sukhu Form I-130, # 21 Exhibit E - Sukhu Form I-485, # 22 Exhibit F - Sukhu Form I-601, # 23 Exhibit G -Sukhu Form I-130 Approval Notice, # 24 Declaration of Neville Sukhu, # 25 Declaration of Mathrani Sukhu, # 26 Declaration of Malisa Sukhu, # 27 Declaration of Sheldon Felix Francois, # 28 Declaration of Allister Francois, # 29 Declaration of Andrea Dormeus, # 30 Declaration of Garfield Gayle, # 31 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/25/2013)

Set Deadlines as to 26 Consent MOTION for Leave to Appear Pro Hac Vice of Judy Rabinovitz. Motion set for 2/19/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)

Set Deadlines as to 27 Consent MOTION for Leave to Appear Pro Hac Vice of Michael Tan. Motion set for 2/19/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)

Set Deadlines as to 28 Consent MOTION for Leave to Appear Pro Hac Vice of Dror Ladin. Motion set for 2/19/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)

Set Deadlines as to 29 Consent MOTION for Leave to Appear Pro Hac Vice of Ahilan T. Arulanantham. Motion set for 2/19/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)

Letter from Lawrence S. Lustberg requesting oral argument. (LUSTBERG, LAWRENCE) (Entered: 02/13/2013)

OPINION filed. Signed by Judge Freda L. Wolfson on 3/15/2013. (mmh)

ORDER that Petitioner's Petition for Writ of Habeas Corpus is GRANTED; that an Immigration Judge provide Petitioner with an individualized bond hearing, pursuant to 8 U.S.C. § 1226, within ten (10) days of the date of this Order. Signed by Judge Freda L. Wolfson on 3/15/2013. (mmh) (Entered: 03/15/2013)

Letter from Respondents re 34 Order,. (Attachments: # 1 Exhibit Order of Immigration Judge with Respect to Custody)(BOWEN, JENNIFER) (Entered: 03/25/2013)

Letter from Defendants re Set/Reset Motion and R&R Deadlines/Hearings. (BOWEN, JENNIFER) (Entered: 04/05/2013)

Set Deadlines as to 13 MOTION to Certify Class . Motion set for ORAL ARGUMENT on 5/10/2013 10:00 AM in Trenton - Courtroom 5E before Judge Freda L. Wolfson. (jg, )

Set Deadlines as to 13 MOTION to Certify Class . Motion set for 5/10/2013 01:30 PM in Trenton - Courtroom 5E before Judge Freda L. Wolfson. (jg, )

ORDER granting 29 Motion for Leave to Appear Pro Hac Vice as to Ahilan T. Arulanantham. Signed by Magistrate Judge Douglas E. Arpert on 5/3/2013. (eaj) (Entered: 05/06/2013)

ORDER granting 28 Motion for Leave to Appear Pro Hac Vice as to Dror Ladin. Signed by Magistrate Judge Douglas E. Arpert on 5/3/2013. (eaj) (Entered: 05/06/2013)

ORDER granting 27 Motion for Leave to Appear Pro Hac Vice as to Michael Tan. Signed by Magistrate Judge Douglas E. Arpert on 5/3/2013. (eaj) (Entered: 05/06/2013)

ORDER granting 26 Motion for Leave to Appear Pro Hac Vice as to Judy Rabinovitz. Signed by Magistrate Judge Douglas E. Arpert on 5/3/2013. (eaj) (Entered: 05/06/2013)

Notice of Request by Pro Hac Vice Judy Rabinovitz to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-4994818.) (MANES, JONATHAN) (Entered: 05/07/2013)

Notice of Request by Pro Hac Vice Ahilan T. Arulanantham to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-4994839.) (MANES, JONATHAN) (Entered: 05/07/2013)

Notice of Request by Pro Hac Vice Michael K.T. Tan to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-4994878.) (MANES, JONATHAN) (Entered: 05/07/2013)

Notice of Request by Pro Hac Vice Dror Ladin to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-4994885.) (MANES, JONATHAN) (Entered: 05/07/2013)

Letter from Defendants. (BOWEN, JENNIFER) (Entered: 05/07/2013)

Letter from Plaintiffs. (LUSTBERG, LAWRENCE) (Entered: 05/08/2013)

Letter from Defendants/Respondents re 12 Amended Complaint,. (Attachments: # 1 Declaration Re: Neville Sukhu's Release from ICE Detention, # 2 Certificate of Service)(BOWEN, JENNIFER) (Entered: 05/08/2013)

Letter from Plaintiffs re 46 Letter, 47 Letter. (LUSTBERG, LAWRENCE) (Entered: 05/09/2013)

Minute Entry for proceedings held before Judge Freda L. Wolfson: Motion Hearing held on 5/10/2013 re 13 MOTION to Certify Class filed by GARFIELD O. GAYLE, NEVILLE SUKHU, SHELDON FRANCOIS. Court Ordered Motion is Denied without prejudice. Hearing on application by defendant to dismiss the amended complaint. Court ordered application is denied with supplemental briefing to be submitted by plaintiff by 5-17-13, defendant by 5-31-13. Order to be filed. (Court Reporter/Recorder Vincent Russoniello.) (jg, ) (Entered: 05/13/2013)

ORDER that Plaintiff Gayle's and Plaintiff Sukhu's individual habeas claims are DISMISSED as moot; that Defendant's Motion to Dismiss the Amended Complaint is DENIED; that Plaintiffs' Motion to Certify Class is DENIED without prejudice pending an expanded record and/or discovery; that Plaintiffs are granted leave to file a Second Amended Complaint no later than May 17, 2013; that Plaintiff Francois shall submit supplemental briefing regarding his individual claim for habeas relief no later than May 17, 2013, with Defendants' response due no later than May 31, 2013. Signed by Judge Freda L. Wolfson on 5/13/2013. (mmh) (Entered: 05/13/2013)

AMENDED COMPLAINT Second Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Declaratory and Injunctive Relief against OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, filed by NEVILLE SUKHU, GARFIELD O. GAYLE, SHELDON FRANCOIS. (Attachments: # 1 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 05/17/2013)

BRIEF in Support of Petitioner Sheldon Francois's Individual Claims for Relief (Supplemental) (Attachments: # 1 Declaration of Pierce Suen, # 2 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 05/17/2013)

MOTION to Dismiss Second Amended Complaint (ECF No. 51) and Response to Supplemental Memorandum (ECF No. 52) by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER. Responses due by 6/17/2013 (Attachments: # 1 Brief, # 2 Certificate of Service)(BOWEN, JENNIFER) (Entered: 05/31/2013)

Set Deadlines as to 53 MOTION to Dismiss Second Amended Complaint (ECF No. 51) and Response to Supplemental Memorandum (ECF No. 52). Motion set for 7/1/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (jjc)

Transcript of MOTION HEARING held on 5/10/2013, before Judge FREDA L. WOLFSON. Court Reporter/Transcriber Vincent Russoniello (609-588-9516). NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 6/25/2013. Redacted Transcript Deadline set for 7/5/2013. Release of Transcript Restriction set for 9/3/2013. (mmh) (Entered: 06/04/2013)

Magistrate Judge Douglas E. Arpert added to case at the request of Judge Wolfson's chambers. (dm )

Letter from Lawrence S. Lustberg regarding Plaintiffs' reply brief. (LUSTBERG, LAWRENCE) (Entered: 06/07/2013)

BRIEF in Opposition filed by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU re 53 MOTION to Dismiss Second Amended Complaint (ECF No. 51) and Response to Supplemental Memorandum (ECF No. 52) Reply Brief in Support of Petitioner Sheldon Francois's Individual Claims for Relief (Attachments: # 1 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 06/07/2013)

Letter from Defendants. (BOWEN, JENNIFER) (Entered: 06/11/2013)

Set/Reset Hearings: Telephone Status Conference set for 6/20/2013 09:30 AM before Magistrate Judge Douglas E. Arpert. It shall be Plaintiff's responsibility to set up and initiate the call. Kindly mark your calendar accordingly. (ce3)

LETTER ORDER that Defendants may file a brief in supprt of their motion to dismiss (d.e. 53 ) in response to Plaintiffs' opposition no later than 6/24/2013. Signed by Judge Freda L. Wolfson on 6/12/2013. (mmh) (Entered: 06/13/2013)

Text Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Telephone Conference held on 6/20/2013. (ce3)

REPLY BRIEF to Opposition to Motion filed by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER re 53 MOTION to Dismiss Second Amended Complaint (ECF No. 51) and Response to Supplemental Memorandum (ECF No. 52) (Attachments: # 1 Certificate of Service)(BOWEN, JENNIFER) (Entered: 06/24/2013)

PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 8/27/2013 02:00 PM before Magistrate Judge Douglas E. Arpert. Fact Discovery due by 12/31/2013. Rule 26 Meeting Report due by 6/27/2013. Telephone Status Conference set for 10/28/2013 10:30 AM before Magistrate Judge Douglas E. Arpert. Telephone Status Conference set for 12/30/2013 10:00 AM before Magistrate Judge Douglas E. Arpert. Signed by Magistrate Judge Douglas E. Arpert on 6/27/2013. (mmh) (Entered: 06/28/2013)

Consent MOTION for Leave to Appear Pro Hac Vice of Sarah Mehta by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Declaration of Sarah Mehta, # 2 Declaration of Lawrence S. Lustberg, # 3 Statement pursuant to Local Civil Rule 7.1, # 4 Text of Proposed Order, # 5 Certificate of Service)(MANES, JONATHAN) (Entered: 06/28/2013)

Set Deadlines as to 61 Consent MOTION for Leave to Appear Pro Hac Vice of Sarah Mehta. Motion set for 8/5/2013 before Magistrate Judge Douglas E. Arpert. The motion will be decided on the papers. No appearances required unless notified by the court. (jjc)

ORDER granting 61 Motion for Leave to Appear Pro Hac Vice as to Sarah Mehta on behalf of Plaintiffs. Signed by Magistrate Judge Douglas E. Arpert on 7/12/2013. (jjc) (Entered: 07/12/2013)

Letter from Plaintiffs regarding Plaintiff Sheldon Francois's immigration proceedings. (LUSTBERG, LAWRENCE) (Entered: 07/15/2013)

NOTICE of Appearance by BENJAMIN YASTER on behalf of SHELDON FRANCOIS, NEVILLE SUKHU, GARFIELD O. GAYLE (YASTER, BENJAMIN) (Entered: 07/16/2013)

LETTER ORDER that counsel for both sides are to submit simultaneous responses to this letter, not exceeding 5 pages each, no later than Tuesday, July 30, by 4pm. Signed by Judge Freda L. Wolfson on 7/25/2013. (mmh) (Entered: 07/25/2013)

NOTICE of Appearance by ELIZABETH J. STEVENS on behalf of OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER (STEVENS, ELIZABETH) (Entered: 07/29/2013)

RESPONSE re 65 Order. (Attachments: # 1 Exhibit A - Harrison Declaration, # 2 Certificate of Service)(BOWEN, JENNIFER) (Entered: 07/30/2013)

RESPONSE re 65 Order. (Attachments: # 1 Certificate of Service)(YASTER, BENJAMIN) (Entered: 07/30/2013)

RESPONSE re 65 Order. (Attachments: # 1 Certificate of Service -- corrected)(LUSTBERG, LAWRENCE) (Entered: 07/31/2013)

CLERK'S QUALITY CONTROL MESSAGE - The 68 Response submitted by Benjamin Yaster on 7/30/2013 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER SCANNED OR ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (mmh)

LETTER ORDER that the Court grants Petitioner leave to file an amended habeas petition to include his Diop claim. Petitioner has 10 days from the date of this Letter Order in which to file his amended petition, and Defendants shall submit their answer no later than 20 days thereafter. Signed by Judge Freda L. Wolfson on 8/1/2013. (mmh) (Entered: 08/01/2013)

Notice of Request by Pro Hac Vice Sarah Mehta to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-5152529.) (YASTER, BENJAMIN) (Entered: 08/02/2013)

AMENDED COMPLAINT Third Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Declaratory and Injunctive Relief against OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, filed by NEVILLE SUKHU, GARFIELD O. GAYLE, SHELDON FRANCOIS. (Attachments: # 1 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 08/05/2013)

Letter from Plaintiffs re 72 Amended Complaint,. (LUSTBERG, LAWRENCE) (Entered: 08/05/2013)

Letter from Defendants/Respondents re: Proposed Stipulated Protective Order Governing Confidential Information. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order Governing Confidential Information, # 2 Certification In Support of Stipulated Protective Order -- L.R. 5.3(b)(2))(BOWEN, JENNIFER) (Entered: 08/06/2013)

MOTION to Dismiss and Response to Plaintiff Francois's Individual Petition for Writ of Habeas Corpus Seeking Relief under Diop v. ICE/Homeland Sec. by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER. Responses due by 9/3/2013 (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(BOWEN, JENNIFER) (Entered: 08/15/2013)

NOTICE of Appearance by CRAIG WILLIAM KUHN on behalf of All Defendants (KUHN, CRAIG) (Entered: 08/15/2013)

CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerks office has added CRAIG W. KUHN as representing JANET NAPOLITANO in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (mmh)

Set Deadlines as to 75 MOTION to Dismiss and Response to Plaintiff Francois's Individual Petition for Writ of Habeas Corpus Seeking Relief under Diop v. ICE/Homeland Sec.. Motion set for 9/16/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)

Stipulated Protective Order Governing Confidential Information. Signed by Magistrate Judge Douglas E. Arpert on 8/19/2013. (mmh) (Entered: 08/20/2013)

Substitution of Attorney - Attorney PETER G. O'MALLEY terminated. Attorney DAVID VINCENT BOBER for OSCAR AVILES,DAVID VINCENT BOBER for ROBERT BIGGOTT,DAVID VINCENT BOBER for BRIAN ELWOOD,DAVID VINCENT BOBER for ROY L. HENDRICKS,DAVID VINCENT BOBER for ERIC HOLDER,DAVID VINCENT BOBER for JOHN T. MORTON,DAVID VINCENT BOBER for JANET NAPOLITANO,DAVID VINCENT BOBER for JUAN OSUNA,DAVID VINCENT BOBER for ORLANDO RODRIGUEZ,DAVID VINCENT BOBER for CHRISTOPHER SHANAHAN,DAVID VINCENT BOBER for RAY SIMONSE,DAVID VINCENT BOBER for JOSEPH TRABUCCO,DAVID VINCENT BOBER for JOHN TSOUKARIS added.. (Attachments: # 1 Certificate of Service)(BOBER, DAVID) (Entered: 08/20/2013)

Letter from Plaintiffs re 75 MOTION to Dismiss and Response to Plaintiff Francois's Individual Petition for Writ of Habeas Corpus Seeking Relief under Diop v. ICE/Homeland Sec.. (LUSTBERG, LAWRENCE) (Entered: 08/22/2013)

OPINION filed. Signed by Judge Freda L. Wolfson on 8/23/2013. (mmh)

ORDER that Petitioner's Petition for Writ of Habeas Corpus is GRANTED; that an Immigration Judge provide Petitioner with an individualized bond hearing, pursuant to 8 U.S.C. § 1226, within ten (10) days of the date of this Order. Signed by Judge Freda L. Wolfson on 8/23/2013. (mmh) (Entered: 08/23/2013)

CLERK'S QUALITY CONTROL MESSAGE - Case Closed in Error, Please Disregard. (eaj)

NOTICE of Hearing: Settlement Conference with trial counsel and clients with full settlement authority set for 9/10/2013 03:00 PM in Trenton - Courtroom 6W before Magistrate Judge Douglas E. Arpert. The proposed settlement memo is due to chambers 48 hours prior to the conference. Please do not e-file.(ce3) (Entered: 08/27/2013)

ATTENTION COUNSEL: The Telephone Status Conference set for 8/27/2013 02:00 PM before Magistrate Judge Douglas E. Arpert HAS BEEN ADJOURNED. (ce3)

ATTENTION COUNSEL: PLEASE DISREGARD DOCKET 82 . IT WAS FILED IN THIS CASE IN ERROR. (ce3, )