2018 WL 3357577

333 F.Supp.3d 984

2018 WL 11184556

466 F.Supp.3d 1077

Asian Americans Advancing Justice - Los Angeles

Trinh Truong

PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. 0973-21303112 for $5 filing fee, filed by Petitioners Long Nguyen, Vu Ha, Ngoc Hoang, Hoang Trinh. (Attachments: # 1 Attachment A to Habeas Corpus Class Action Petition And Class Action Complaint For Declaratory And Injunctive Relief) (Attorney Tuan Van Uong added to party Vu Ha(pty:pet), Attorney Tuan Van Uong added to party Ngoc Hoang(pty:pet), Attorney Tuan Van Uong added to party Long Nguyen(pty:pet), Attorney Tuan Van Uong added to party Hoang Trinh(pty:pet))(Uong, Tuan) (Entered: 02/22/2018)

1 Attachment A to Habeas Corpus Class Action Petition And Class Action Complaint

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CIVIL COVER SHEET filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Attachments: # 1 Attachment to Civil Cover Sheet)(Uong, Tuan) (Entered: 02/22/2018)

NOTICE of Interested Parties filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh, identifying none known. (Uong, Tuan) (Entered: 02/22/2018)

NOTICE of Related Case(s) filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Related Case(s): 8:17-cv-01898-CJC (GJSx) (Uong, Tuan) (Entered: 02/22/2018)

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,, 1, Civil Cover Sheet (CV-71) 2, Certificate/Notice of Interested Parties 3, Notice of Related Case(s) 4 filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Uong, Tuan) (Entered: 02/22/2018)

APPLICATION of Non-Resident Attorney Phi U. Nguyen to Appear Pro Hac Vice on behalf of Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21303626) filed by PLAINTIFFS Vu Ha, Ngoc Hoang, Lo ng Nguyen, Hoang Trinh. (Attachments: # 1 Proposed Order) (Attorney Laboni A Hoq added to party Vu Ha(pty:pet), Attorney Laboni A Hoq added to party Ngoc Hoang(pty:pet), Attorney Laboni A Hoq added to party Long Nguyen(pty:pet), Attorney Laboni A Hoq added to party Hoang Trinh(pty:pet)) (Hoq, Laboni) (Entered: 02/23/2018)

APPLICATION of Non-Resident Attorney Jesse A. Davis III to Appear Pro Hac Vice on behalf of Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21303682) filed by PLAINTIFFS Vu Ha, Ngoc Hoan g, Long Nguyen, Hoang Trinh. (Attachments: # 1 Proposed Order) (Hoq, Laboni) (Entered: 02/23/2018)

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge John A. Kronstadt and referred to Magistrate Judge Paul L. Abrams, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (ghap) (Entered: 02/23/2018)

NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, 5 . The following error(s) was found: Do not put "et al" on the summons caption.. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) (Entered: 02/23/2018)

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,, 1, Civil Cover Sheet (CV-71) 2, Certificate/Notice of Interested Parties 3, Summons Request, 5, Notice of Related Case(s) 4 filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Uong, Tuan) (Entered: 02/26/2018)

60 DAY Summons Issued re Petition for Writ of Habeas Corpus,, 1 as to Defendants Thomas D Homan, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (sbou) (Entered: 02/27/2018)

21 DAY Summons Issued re Petition for Writ of Habeas Corpus,, 1 as to Defendant Sandra Hutchens. (sbou) (Entered: 02/27/2018)

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: SACV17-01898 CJC (GJSx). Case transferred from Judge John A. Kronstadt to Judge Cormac J. Carney for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV18-00316 CJC (PLA). Signed by Judge Cormac J. Carney. (lwag) (Entered: 02/28/2018)

Notice of Appearance or Withdrawal of Counsel: for attorney Hans Chen counsel for Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. Adding Hans H. Chen as counsel of record for Thomas D. Homan, et al. for the reason indicated in the G-123 Notice. Filed by Respondents Thomas D. Homan, et al.. (Attorney Hans Chen added to party Thomas D Homan(pty:res), Attorney Hans Chen added to party Sandra Hutchens(pty:res), Attorney Hans Chen added to party David Marin(pty:res), Attorney Hans Chen added to party Kirstjen M. Nielsen(pty:res), Attorney Hans Chen added to party Jefferson B Sessions III(pty:res), Attorney Hans Chen added to party Warden(pty:res))(Chen, Hans) (Entered: 03/01/2018)

NOTICE OF CLERICAL ERROR: Due to clerical error Re: Transferring Case purs GO 16-05 (Related Case)(CV 34), 13 The Notice to Counsel from Clerk portion of the transfer order did not reflect the correct magistrate judge for the reassignment of the case. The Case has been reassigned from Magistrate Judge Paul L. Abrams to Magistrate Judge Gail J. Standish. The case will now reflect the initials of the transferee Judge SACV 18-00316 CJC (GJS). (mca) (Entered: 03/02/2018)

ORDER VACATING REFERENCE TO MAGISTRATE JUDGE by Judge Cormac J. Carney. Reference of case to Magistrate Judge Gail J. Standish is vacated. Case transferred to the calendar of Magistrate Judge Gail J. Standish for Discovery. Case number now reads as 8:18-cv-00316 CJC(GJSx). (rn) (Entered: 03/16/2018)

NOTICE of Appearance filed by attorney Raymond A Cardozo on behalf of Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh (Attorney Raymond A Cardozo added to party Vu Ha(pty:pet), Attorney Raymond A Cardozo added to party Ngoc Hoang(pty:pet), Attorney Raymond A Cardozo added to party Long Nguyen(pty:pet), Attorney Raymond A Cardozo added to party Hoang Trinh(pty:pet))(Cardozo, Raymond) (Entered: 03/22/2018)

ORDER by Judge Cormac J. Carney, GRANTING 6 Non-Resident Attorney Phi U. Nguyen APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff(s) Hoang Trinh, Vu Ha, Long Nguyen, and Ngoc Hoang, designating Laboni Hoq as local counsel. (es) (Entered: 04/03/2018)

ORDER by Judge Cormac J. Carney, GRANTING 7 Non-Resident Attorney Jesse A Davis, III APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff(s) Hoang Trinh, Vu Ha, Long Nguyen, and Ngoc Hoang, designating Laboni Hoq as local counsel. (es) (Entered: 04/03/2018)

NOTICE of Change of Attorney Business or Contact Information: for attorney Laboni A Hoq counsel for Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Changing Address to 5680 Oakbrook Parkway, Suite 148, Norcross, Georgia 30093. Filed by Petitioners Hoang Trinh, Vu Ha, Long Nguyen, and Ngoc Hoang. (Hoq, Laboni) (Entered: 04/05/2018)

NOTICE of Change of address by Phi U Nguyen attorney for Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Changing attorneys address to 5680 Oakbrook Parkway, Suite 148, Norcross, Georgia 30093. Filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Nguyen, Phi) (Entered: 04/25/2018)

NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining Respondents from detaining Petitioners AND FOR PROVISIONAL CLASS CERTIFICATION. Motion filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Motion set for hearing on 6/4/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Memorandum of Points and Authorities in Support of Petitioners Motions for a Preliminary Injunction and for Provisional Class Certification, # 2 Declaration of Raymond A. Cordozo in Support of Petitioners Motions, # 3 Declaration of Tuan Hoang in Support of Petitioners Motions, # 4 Declaration of Nancy Nguyen in Support of Petitioners Motions, # 5 Declaration of Tri Nguyen in Support of Petitioners Motions, # 6 Declaration of Tania Pham in Support of Petitioners Motions, # 7 Declaration of Hien Le in Support of Petitioners Motions, # 8 Declaration of Corey Endo in Support of Petitioners Motions, # 9 Declaration of Hoang Trinh in Support of Petitioners Motions, # 10 Declaration of Phi Nguyen in Support of Petitioners Motions, # 11 Declaration of Jingni Zhao in Support of Petitioners Motions, # 12 Declaration of Thu-Hoang Nguyen-Vo in Support of Petitioners Motions, # 13 Declaration of Ngoc Hoang in Support of Petitioners Motions, # 14 Declaration of Hoang Bao Nguyen in Support of Petitioners Motions, # 15 Declaration of Robert Huynh in Support of Petitioners Motions, # 16 Declaration of Vu T Ha in Support of Petitioners Motions, # 17 Declaration of Long Nguyen in Support of Petitioners Motions, # 18 Declaration of Laboni Hoq in Support of Petitioners Motions, # 19 Declaration of Jesse A Davis III in Support of Petitioners Motions, # 20 Declaration of Viet Van Nguyen in Support of Petitioners Motions, # 21 Declaration of Linh Huynh in Support of Petitioners Motions, # 22 Proposed Order Granting Petitioners Motions for a Preliminary Injunction and Provisional Class Certification) (Uong, Tuan) (Entered: 04/25/2018)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining Respondents from detaining Petitioners AND FOR PROVISIONAL CLASS CERTIFICATION. Motion 22 filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Uong, Tuan) (Entered: 04/25/2018)

NOTICE OF MOTION AND MOTION to Dismiss Case filed by respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. Motion set for hearing on 6/4/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Michael V. Bernacke, # 2 Proposed Order) (Chen, Hans) (Entered: 04/30/2018)

Notice of Appearance or Withdrawal of Counsel: for attorney Le T Duong counsel for Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Adding Le T. Duong as counsel of record for Petitioners for the reason indicated in the G-123 Notice. Filed by Petitioners Hoang Trinh, Vu Ha, Long Nguyen, Ngoc Hoang. (Attorney Le T Duong added to party Vu Ha(pty:pet), Attorney Le T Duong added to party Ngoc Hoang(pty:pet), Attorney Le T Duong added to party Long Nguyen(pty:pet), Attorney Le T Duong added to party Hoang Trinh(pty:pet))(Duong, Le) (Entered: 05/02/2018)

STIPULATION for Extension of Time to File Response and Reply as to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining Respondents from detaining Petitioners AND FOR PROVISIONAL CLASS CERTIFICATION. Motion 22, Request for Judicial Notice, 23 filed by respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Proposed Order)(Chen, Hans) (Entered: 05/10/2018)

First AMENDED COMPLAINT against Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden amending Petition for Writ of Habeas Corpus,, 1, filed by Petitioners Long Nguyen, Vu Ha, Ngoc Hoang, Hoang Trinh (Attachments: # 1 Attachment A to First Amended Habeas Corpus Class Action Petition And Class Action Complaint For Declaratory And Injunctive Relief)(Uong, Tuan) (Entered: 05/11/2018)

Notice of Withdrawal of Motion to Dismiss Case, 24 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Chen, Hans) (Entered: 05/14/2018)

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant Warden served on 5/1/2018, answer due 5/22/2018. Service of the Summons and Complaint were executed upon Doe 1: Warden, Adelanto in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant Thomas D Homan served on 3/6/2018, answer due 3/27/2018. Service of the Summons and Complaint were executed upon Thomas D. Homan in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant David Marin served on 3/1/2018, answer due 3/22/2018. Service of the Summons and Complaint were executed upon David Marin in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant Kirstjen M. Nielsen served on 3/1/2018, answer due 3/22/2018. Service of the Summons and Complaint were executed upon Kristjen M. Nielsen in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant Jefferson B Sessions III served on 3/1/2018, answer due 3/22/2018. Service of the Summons and Complaint were executed upon Jefferson B.Sessions III in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant Sandra Hutchens served on 3/1/2018, answer due 3/22/2018. Service of the Summons and Complaint were executed upon Sandra Hutchens in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

ORDER RESETTING HEARING DATE OF PLAINTIFFS' MOTIONS by Judge Cormac J. Carney, IT IS HEREBY FURTHER ORDERED that the hearing on Petitioners Motion for a Preliminary Injunction and for Provisional Class Certification (Motion), ECF No. 22, and for Petitioners Request for Judicial Notice in Support of Motion for a Preliminary Injunction and Provisional Class Certification (Request), ECF No. 23, is reset from June 4, 2018, to June 11, 2018, at 1:30p.m. IT IS HEREBY FURTHER ORDERED that the deadline for Respondents to respond to the Motion and Request is Friday, May 18, 2018, and that the deadline for Petitioners to reply in further support of their Motion and Request is Friday, May 25, 2018. (es) (Entered: 05/14/2018)

Notice of Appearance or Withdrawal of Counsel: for attorney Julian Kurz counsel for Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. Filed by Respondents Thomas D. Homan, et al.. (Attorney Julian Kurz added to party Thomas D Homan(pty:res), Attorney Julian Kurz added to party Sandra Hutchens(pty:res), Attorney Julian Kurz added to party David Marin(pty:res), Attorney Julian Kurz added to party Kirstjen M. Nielsen(pty:res), Attorney Julian Kurz added to party Jefferson B Sessions III(pty:res), Attorney Julian Kurz added to party Warden(pty:res))(Kurz, Julian) (Entered: 05/18/2018)

OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining Respondents from detaining Petitioners AND FOR PROVISIONAL CLASS CERTIFICATION. Motion 22 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Affidavit of Michael V. Bernacke (supplemental))(Chen, Hans) (Entered: 05/18/2018)

OPPOSITION to Pet'rs' Req. for Judicial Notice, ECF No. 23 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Chen, Hans) (Entered: 05/18/2018)

(Attorney Steven C Miller added to party Sandra Hutchens(pty:res))(Miller, Steven) (Entered: 05/21/2018)

ORDER by Judge Cormac J. Carney: denying without prejudice 22 petitioners' MOTION for Preliminary Injunction and for Provisional Class Certification. (twdb) (Entered: 05/23/2018)

EX PARTE APPLICATION for Order for Petitioners' Ex Parte Application For An Order Extending Class Certification Deadline filed by Plaintiff Ngoc Hoang. (Attachments: # 1 Declaration of Jingni Zhao In Support of Petitioners' Ex Parte Application For An Order Extending Class Certification Deadline, # 2 Proposed Order Granting Petitioners' Ex Parte Application For An Order Extending Class Certification Deadline) (Tabibkhoei, Farah) (Entered: 05/23/2018)

1 Declaration of Jingni Zhao In Support of Petitioners' Ex Parte Application

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2 Proposed Order Granting Petitioners' Ex Parte Application For An Order Exte

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Notice of Appearance or Withdrawal of Counsel: for attorney Hans Chen counsel for Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. Hans Haris Chen is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by respondents Thomas D. Homan, et al.. (Chen, Hans) (Entered: 05/24/2018)

STATEMENT of PARTIAL OPPOSITION RE: EX PARTE APPLICATION for Order for Petitioners' Ex Parte Application For An Order Extending Class Certification Deadline 41 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Kurz, Julian) (Entered: 05/25/2018)

Joint STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition, 27 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden.(Kurz, Julian) (Entered: 05/25/2018)

ORDER Granting Petitioner's Ex Parte Application for an Order Extending Class Certification Deadline 41 by Judge Cormac J. Carney: IT IS HEREBY ORDERED that Petitioners deadline to file a class certification motion shall be extended to August 28, 2018 to permit Petitioners to take discovery and develop a sufficient factual record prior to filing their motion for class certification. (lwag) (Entered: 05/25/2018)

NOTICE of Appearance filed by attorney Troy D Liggett on behalf of Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden (Attorney Troy D Liggett added to party Thomas D Homan(pty:res), Attorney Troy D Liggett added to party Sandra Hutchens(pty:res), Attorney Troy D Liggett added to party David Marin(pty:res), Attorney Troy D Liggett added to party Kirstjen M. Nielsen(pty:res), Attorney Troy D Liggett added to party Jefferson B Sessions III(pty:res), Attorney Troy D Liggett added to party Warden(pty:res))(Liggett, Troy) (Entered: 05/29/2018)

ORDER 44 by Judge Cormac J. Carney: The Court hereby approves the parties Stipulation to Extend Time to Respond to First Amended Petition. The Court hereby extends the deadline to respond to Petitioners First Amended Habeas Corpus Class Action Petition and Class Complaint for Declaratory and Injunctive Relief to June 8, 2018. (lwag) (Entered: 06/01/2018)

EX PARTE APPLICATION for Order for Applying Habeas Corpus Procedures filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Declaration, # 2 Proposed Order) (Kurz, Julian) (Entered: 06/06/2018)

EX PARTE APPLICATION to Stay pending Ruling on Ex Parte Application to Apply Habeas Procedures filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Declaration, # 2 Proposed Order) (Kurz, Julian) (Entered: 06/06/2018)

MINUTE IN CHAMBERS by Judge Cormac J. Carney: Order Setting Briefing and Hearing Schedule for EX PARTE APPLICATION to Apply Habeas Procedures 48 and Granting EX PARTE APPLICATION to Stay Deadline to Respond to First Amended Petition 49 . With respect to the first ex parte application, (Dkt. 48), the Court hereby DIRECTS Petitioners to file an opposition by June 25, 2018. Respondents may file a reply by July 2, 2018. A hearing is scheduled for July 9, 2018, at 3:00 p.m. in Courtroom 9B. (mt) (Entered: 06/07/2018)

Opposition re: EX PARTE APPLICATION for Order for Applying Habeas Corpus Procedures 48 * Petitioners Opposition To Respondents Ex Parte Application For Order Applying Habeas Corpus Procedures * filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Uong, Tuan) (Entered: 06/25/2018)

REPLY in Support of EX PARTE APPLICATION for Order for Applying Habeas Corpus Procedures 48 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Kurz, Julian) (Entered: 07/02/2018)

EX PARTE APPLICATION to Sever Claims filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Declaration, # 2 Proposed Order) (Kurz, Julian) (Entered: 07/02/2018)

ORDER by Judge Cormac J. Carney: Denying Respondents' EX PARTE APPLICATIONS 48, 53 . Respondents are hereby DIRECTED to respond to Petitioners' First Amended Complaint by July 20, 2018. (mt) (Entered: 07/03/2018)

REQUEST for Protective Order filed by Petitioner Hoang Trinh. (Attachments: # 1 Proposed Order)(Tabibkhoei, Farah) (Entered: 07/17/2018)

NOTICE OF MOTION AND MOTION to Dismiss Case and Return re: Habeas Corpus Claims filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. Motion set for hearing on 9/10/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Exhibit A - Second Suppl. Decl. of Michael V. Bernacke, # 2 Proposed Order) (Kurz, Julian) (Entered: 07/20/2018)

STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re REQUEST for Protective Order 55 . (ec) (Entered: 07/31/2018)

OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case and Return re: Habeas Corpus Claims 56 Petitioners' Opposition to Respondents' Motion to Dismiss filed by Petitioner Hoang Trinh. (Attachments: # 1 Declaration, # 2 Evidentiary Objections)(Duong, Le) (Entered: 08/14/2018)

STIPULATION to Dismiss Respondent Sandra Hutchens filed by Respondents Kirstjen M. Nielsen, Jefferson B Sessions III, Sandra Hutchens, David Marin, Warden, Thomas D Homan. (Attachments: # 1 Proposed Order)(Kurz, Julian) (Entered: 08/15/2018)

ORDER by Judge Cormac J. Carney, Granting Stipulation to Dismissing Respondent Sandra Hutchens 59 . Sandra Hutchens (Sheriff, Orange County, Calif.) terminated. (twdb) (Entered: 08/17/2018)

Notice of Appearance or Withdrawal of Counsel: for attorney Steven C Miller counsel for Respondent Sandra Hutchens. Steven C. Miller will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Respondent Sandra Hutchens, Sheriff, Orange County, Calif.. (Miller, Steven) (Entered: 08/20/2018)

REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case and Return re: Habeas Corpus Claims 56 filed by Respondents Thomas D Homan, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Kurz, Julian) (Entered: 08/27/2018)

APPLICATION to file document in support of Petitioners' Motion for Class Certification under seal filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Application set for hearing on 10/15/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Memorandum, # 2 Proposed Order, # 3 Redacted Document)(Tabibkhoei, Farah) (Entered: 08/28/2018)

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in support of Petitioners' Motion for Class Certification under seal 63 filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Attachments: # 1 Unredacted Document (Declaration of Dai Diep attached as Exhibit 1 to Declaration of Farah Tabibkhoei))(Tabibkhoei, Farah) (Entered: 08/28/2018)

NOTICE OF MOTION AND MOTION to Certify Class filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Motion set for hearing on 10/15/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Memorandum, # 2 Declaration of Sieu Nguyen, # 3 Declaration of Dai Diep (Redacted), # 4 Declaration of Jingni Zhao, # 5 Exhibit A to Declaration of Jingni Zhao, # 6 Exhibit B to Declaration of Jingni Zhao, # 7 Exhibit C to Declaration of Jingni Zhao, # 8 Proposed Order) (Tabibkhoei, Farah) (Entered: 08/28/2018)

1 Memorandum

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2 Declaration of Sieu Nguyen

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3 Declaration of Dai Diep (Redacted)

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4 Declaration of Jingni Zhao

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5 Exhibit A to Declaration of Jingni Zhao

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6 Exhibit B to Declaration of Jingni Zhao

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7 Exhibit C to Declaration of Jingni Zhao

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8 Proposed Order

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ORDER by Judge Cormac J. Carney: Denying 56 Defendants' MOTION to Dismiss and Habeas Return. (twdb) (Entered: 09/06/2018)

OPPOSITION to NOTICE OF MOTION AND MOTION to Certify Class 65 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Exhibit A - Bernacke Declaration IV, # 2 Exhibit B - List of Individual Habeas Petitions)(Kurz, Julian) (Entered: 09/17/2018)

ANSWER to Amended Complaint/Petition, 27 filed by Respondents Thomas D Homan, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden.(Liggett, Troy) (Entered: 09/20/2018)

TEXT ONLY ENTRY: NOTICE TO PARTIES by District Cormac J. Carney. Effective October 9, 2018, Judge Cormac J. Carney will be located in the First Street U.S. Courthouse, Courtroom 7C, on the 7th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 7C of the First Street U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located outside the Clerk's Office on the 4th floor of the First Street Courthouse. Judge Carney's Courtroom Deputy Clerk, Melissa H. Kunig, may be reached at (714) 338-2849.The location for filing civil and/or criminal documents in paper format exempted from electronic filing is at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 180, Los Angeles, California 90012. Documents under this exemption may also be filed in the Santa Ana or Riverside courthouses.Please refer to Judge Carney's Procedures & Schedules Page on the Court's website **UPDATED AS OF SEPTEMBER 24, 2018** for updated procedures regarding mandatory chambers copies. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY (Entered: 09/24/2018)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3, filed by Petitioner Ngoc Hoang.. (Uong, Tuan) (Entered: 09/26/2018)

REPLY In Support NOTICE OF MOTION AND MOTION to Certify Class 65 Petitioners' Reply Brief In Support of Motion For Class Certification filed by Petitioner Hoang Trinh. (Uong, Tuan) (Entered: 10/01/2018)

ORDER GRANTING PETITIONERS' APPLICATION FOR LEAVE TO FILE PORTIONS OF DECLARATION OF DAI DIEP IN SUPPORT OF PETITIONERS' MOTION FOR CLASS CERTIFICATION UNDER SEAL 63 by Judge Cormac J. Carney. The Court hereby GRANTS Petitioners' application for leave to file portions of the Declaration of Dai Diep in support of Petitioner's motion for class certification. SEE ORDER FOR DETAILS. (iv) (Entered: 10/10/2018)

NOTICE OF LODGING filed Updated List of Individual Habeas Petitions Filed by Putative Class Members re Response in Opposition to Motion, 67 (Attachments: # 1 Updated List)(Liggett, Troy) (Entered: 10/11/2018)

MINUTES OF PETITIONERS MOTION TO CERTIFY CLASS 65 held before Judge Cormac J. Carney. Motion hearing held. The Court hears oral argument from the parties. The Court takes the Motion under submission. Order to issue. Court Reporter: Debbie Hino-Spaan. (lom) (Entered: 10/15/2018)

ORDER GRANTING IN PART AND DENYING IN PART PETITIONERS' MOTION FOR CLASS CERTIFICATION 65 by Judge Cormac J. Carney. Petitioners' motion for class certification is GRANTED IN PART and DENIED IN PART. The Court hereby designates Petitioners' counsel as class counsel and appoints the named Petitioners as class representatives. (iv) (Entered: 10/18/2018)

TRANSCRIPT ORDER as to Petitioner Hoang Trinh for Court Reporter. Court will contact Tuan V. Uong at tuong@reedsmith.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Uong, Tuan) (Entered: 10/23/2018)

SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 8/8/2019. Motions due by 10/7/2019. Last date to conduct settlement conference is 9/10/2019. Pretrial Conference set for 11/4/2019 at 3:00 p.m. Jury Trial set for 11/19/2019 at 8:30 a.m. (mku) (Entered: 11/29/2018)

ORDER REGARDING SETTLEMENT PROCEDURES, PRE-TRIAL CONFERENCE, AND TRIAL by Judge Cormac J. Carney. (mku) (Entered: 11/29/2018)

NOTICE by Magistrate Judge Gail J. Standish scheduling a Pre-Discovery Motion Telephone Conference regarding the parties' December 20, 2018 email for 1/10/19 at 11:00 AM before Magistrate Judge Gail J. Standish. Counsel shall meet and confer to set up a bridge line and provide the call in information to the Court. Additionally, counsel shall notify the Court Clerk via email at GJS_chambers@cacd.uscourts.gov of the name of each counsel appearing on the call. NOTE: During the telephone hearing, counsel must identify themselves before they speak for the benefit of the court and the court recorder/reporter.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY (Entered: 01/07/2019)

EX PARTE APPLICATION to Stay Case pending End of Federal Government Shutdown (Unopposed) filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Proposed Order) (Kurz, Julian) (Entered: 01/07/2019)

ORDER GRANTING RESPONDENTS' UNOPPOSED EX PARTE APPLICATION TO STAY PROCEEDINGS 80 by Judge Cormac J. Carney. The Court hereby GRANTS the application, STAYS this case until the federal government shutdown ends, and CANCELS the telephonic hearing that is currently set before the Honorable Judge Standish for January 10, 2019. (MD JS-6. Case Terminated) (iv) (Entered: 01/08/2019)

EX PARTE APPLICATION to Reopen Case (Unopposed) filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Proposed Order) (Kurz, Julian) (Entered: 01/29/2019)

ORDER GRANTING RESPONDENTS' UNOPPOSED EX PARTE APPLICATION TO REOPEN PROCEEDINGS 82 by Judge Cormac J. Carney. The Court hereby REOPENS this case and LIFTS the stay. The parties SHALL propose three dates and times for a telephonic hearing in accordance with Judge Standishs procedures. (MD-JS5 Case Reopened) (iv) (Entered: 02/01/2019)

TRANSCRIPT ORDER as to Respondents Thomas D Homan, Sandra Hutchens, Kirstjen M. Nielsen, Jefferson B Sessions III for Court Reporter. Court will contact Dan Meyer at Daniel.C.Meyer@usdoj.gov with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kurz, Julian) (Entered: 02/27/2019)

NOTICE by Magistrate Judge Gail J. Standish scheduling a Pre-Discovery Motion Telephone Conference regarding the parties' February 28, 2019 email for 3/6/2019 at 11:30 AM before Magistrate Judge Gail J. Standish. Counsel shall meet and confer to set up a bridge line and provide the call in information to the Court. Additionally, counsel shall notify the Court Clerk via email at GJS_chambers@cacd.uscourts.gov of the name of each counsel appearing on the call. NOTE: During the telephone hearing, counsel must identify themselves before they speak for the benefit of the court and the court recorder/reporter.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY (Entered: 02/28/2019)

MINUTES OF Pre-Discovery Motion Telephone Conference held before Magistrate Judge Gail J. Standish regarding parties' February 28, 2019. The Court confers with the parties regarding their email of February 28, 2018, which sets forth various discovery disputes. As explained in more detail on the record, the Court orders counsel to meet and confer in an effort to narrow the issues presented in their e-mail. For those issues that remain, the Court sets the following briefing scheduled: petitioners' motion to compel is due by Wednesday, March 20, 2019; the opposition is due by Wednesday, March 27, 2018; the reply, if any, is due by Wednesday, April 3, 2019. Upon completion of the briefing, the Court will determine if a hearing is necessary, at which time counsel will be notified. Court Recorder: XTR. (ec) (Entered: 03/06/2019)

TRANSCRIPT ORDER as to Petitioner Ngoc Hoang for Court Reporter. Court will contact Farah Tabibkhoei at vparedes@reedsmith.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Tabibkhoei, Farah) (Entered: 03/11/2019)

TRANSCRIPT for proceedings held on 3/6/2019. Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/3/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/11/2019. (at) (Entered: 03/14/2019)

NOTICE OF FILING TRANSCRIPT filed for proceedings 3/6/2019 re Transcript 88 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY (Entered: 03/14/2019)

Joint STIPULATION for Extension of Time to File Response as to Text Only Scheduling Notice,, 85 filed by Petitioner Ngoc Hoang. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Modify Briefing Schedule For Motion to Compel Further Responses to Petitioners Written Discovery to Respondents)(Uong, Tuan) (Entered: 03/14/2019)

Notice of Filing Transcript

ORDER by Magistrate Judge Gail J. Standish re Stipulation for Extension of Time 90 . The briefing schedule for Petitioners' anticipated Motion to Compel shall be modified as follows:Wednesday, April 10, 2019: Motion to Compel to be filed/served;Wednesday, April 17, 2019: Opposition Brief to be filed/served; and Wednesday, April 24, 2019: Reply Brief to be filed/served. (ec) (Entered: 03/19/2019)

Joint STIPULATION to Reschedule Scheduling Order, STIPULATION for Order to Modify Scheduling Order filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Modify Scheduling Order)(Uong, Tuan) (Entered: 04/12/2019)

ORDER GRANTING JOINT STIPULATION TO MODIFY SCHEDULING ORDER 92 by Judge Cormac J. Carney. The Court orders as follows: 1. All discovery, including discovery motions, shall be completed by October 8, 2019. Discovery motions must be heard and filed prior to this date. 2. The parties shall have until February 7, 2020 to file and have heard all other motions, including motions join or amend the pleadings. 3. The parties shall have until January 10, 2020 to conduct settlement proceedings. 4. A pretrial conference will be held on March 16, 2020 at 3:00 p.m. 5. The case will be set for trial on March 24, 2020 at 8:30 a.m. (lom) (Entered: 04/16/2019)

TRANSCRIPT for proceedings held on 10/15/2018 at 1:32 p.m. ****Transcript may be viewed at the court public terminal or purchased through Court Reporter DEBBIE HINO-SPAAN at: WEBSITE www.debbiehinospaan.com; E-mail, dhinospaan@yahoo.com before the deadline for Release of Transcript restriction. After that date, it may be obtained from the Court Reporter or through PACER. Additional formats of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available to be purchased at any time through the Court Reporter. Notice of Intent to Redact due within 7 days of this date.** Redaction Request due 5/8/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/16/2019. (dhs) (Entered: 04/17/2019)

Notice of Filing Transcript

NOTICE OF FILING TRANSCRIPT filed for proceedings 10/15/2018 at 1:32 p.m. re Transcript 94 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dhs) TEXT ONLY ENTRY (Entered: 04/17/2019)

Joint STIPULATION for Order Modifying Scheduling Order filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Proposed Order)(Kurz, Julian) (Entered: 07/12/2019)

ORDER GRANTING JOINT STIPULATION TO MODIFY SCHEDULING ORDER 96 by Judge Cormac J. Carney. Pretrial conference will be held on July 6, 2020 at 3:00 p.m. This case will be set for trial on July 14, 2020 at 8:30 a.m. SEE ORDER FOR DETAILS. (iv) (Entered: 07/22/2019)

Notice of Appearance or Withdrawal of Counsel: for attorney Christopher M Lapinig counsel for Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Christopher M. Lapinig is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Trinh, et al.. (Lapinig, Christopher) (Entered: 09/05/2019)