1
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PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-6995758 Fee status: Filing Fee paid., filed by Lilian Pahola Calderon Jimenez. (Attachments: # 1 Civil Cover Sheet Cover, # 2 Civil Cover Sheet Category form, # 3 Exhibit 1 Declaration of Martin D. Harris, # 4 Exhibit 2 Declaration of Marcela Ordonez, # 5 Exhibit 3 printout from uscis.gov, # 6 Exhibit 4 interview notice, # 7 Exhibit 5 I-130 approval)(Lafaille, Adriana) (Attachment 1 replaced on 2/6/2018) (McDonagh, Christina). (Attachment 2 replaced on 2/6/2018) (McDonagh, Christina). (Entered: 02/05/2018)
1 Civil Cover Sheet Cover
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2 Civil Cover Sheet Category form
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3 Exhibit 1 Declaration of Martin D. Harris
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4 Exhibit 2 Declaration of Marcela Ordonez
View on PACER
5 Exhibit 3 printout from uscis.gov
View on PACER
6 Exhibit 4 interview notice
View on PACER
7 Exhibit 5 I-130 approval
View on PACER
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Feb. 5, 2018
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Feb. 5, 2018
RECAP
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2
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NOTICE of Appearance by Matthew Segal on behalf of Lilian Pahola Calderon Jimenez (Segal, Matthew) (Entered: 02/06/2018)
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Feb. 6, 2018
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Feb. 6, 2018
PACER
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3
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ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) (Entered: 02/06/2018)
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Feb. 6, 2018
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Feb. 6, 2018
PACER
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4
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Summons Issued as to Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) (Entered: 02/06/2018)
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Feb. 6, 2018
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Feb. 6, 2018
PACER
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5
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Online access to documents in this case is limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Franklin, Yvonne) (Entered: 02/06/2018)
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Feb. 6, 2018
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Feb. 6, 2018
PACER
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6
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Judge Mark L. Wolf: ORDER entered. (Bono, Christine) (Entered: 02/06/2018)
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Feb. 6, 2018
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Feb. 6, 2018
RECAP
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7
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ELECTRONIC NOTICE of Hearing Re: Petition for Writ of Habeas Corpus. Hearing set for 2/21/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) (Entered: 02/06/2018)
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Feb. 6, 2018
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Feb. 6, 2018
PACER
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8
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM and ORDER. (Bono, Christine) (Entered: 02/06/2018)
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Feb. 6, 2018
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Feb. 6, 2018
PACER
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9
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bono, Christine) (Entered: 02/07/2018)
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Feb. 7, 2018
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Feb. 7, 2018
RECAP
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10
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NOTICE of Appearance by Eve A. Piemonte on behalf of Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS (Piemonte, Eve) (Entered: 02/08/2018)
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Feb. 8, 2018
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Feb. 8, 2018
RECAP
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11
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NOTICE of Appearance by Mary Larakers on behalf of Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS (Larakers, Mary) (Entered: 02/08/2018)
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Feb. 8, 2018
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Feb. 8, 2018
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12
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STATUS REPORT (JOINT) by Lilian Pahola Calderon Jimenez, Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Piemonte, Eve) (Entered: 02/12/2018)
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Feb. 12, 2018
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Feb. 12, 2018
RECAP
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13
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Writ of Habeas Corpus ad Testificandum Issued as to LILIAN PAHOLA CALDERON JIMENEZ for 2/21/2018. (Bono, Christine) (Entered: 02/13/2018)
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Feb. 13, 2018
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Feb. 13, 2018
RECAP
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14
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Respondents shall, by 10:00 a.m. on February 14, 2018, file and serve on petitioner an affidavit addressing the foregoing questions. 2. If necessary, the parties may request an extension of the deadline in paragraph 1 and the deadlines for briefing, which may require rescheduling the February 21, 2018 hearing." ORDER entered. (Attachments: # 1 Boston Herald Article)(Bono, Christine) (Entered: 02/13/2018)
1 Boston Herald Article
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Feb. 13, 2018
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Feb. 13, 2018
RECAP
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15
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MOTION for Extension of Time to February 20, 2018 to File Response/Reply as to 14 Order, by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Attachments: # 1 Affidavit)(Piemonte, Eve) (Entered: 02/13/2018)
1 Affidavit
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Feb. 13, 2018
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Feb. 13, 2018
RECAP
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16
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Respondent need not respond to the February 13, 2018 Order (Docket No. 14) on February 14, 2018. 2. The parties need not make the submissions required by paragraph 3 of the February 6, 2018 Order (Docket No. 6) on the dates directed. 3. A further Order identifying issues, providing the parties an opportunity to confer, and establishing a revised briefing schedule will issue." ORDER entered. (Bono, Christine) (Entered: 02/14/2018)
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Feb. 14, 2018
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Feb. 14, 2018
RECAP
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17
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Respondents shall, by 12:00 noon on February 21, 2018, file an affidavit from an ICE representative describing: (a) the official who made the original decision that Calderon should be detained; (b) the legal basis for the decision, including whether ICE considered her detention mandatory or discretionary; (c) the procedures followed in reaching the decision and, if any, the individualized reasons for it; (d) the official who decided that Calderon should be released; (e) the reason(s) for her release; (f) the reason(s) why she was released on February 13, 2018, rather than sooner or later; (g) whether respondents assert that they had, and still have, the authority to detain Calderon without an individualized determination of dangerousness and risk of flight; (h) whether Calderon has been released for a defined period of time and, therefore, may be detained again; (i) whether any individuals other than Calderon and de Oliveira were arrested while taking steps to seek permanent residency at a Massachusetts or Rhode Island CIS office in January 2018; (j) if so, whether any of those individuals have received individualized determinations of dangerousness and risk of flight without filing petitions under ยง2241; and (k) whether any of them have also been released. 2. The parties shall confer and, by 12:00 noon on February 23, 2018, report, jointly if possible, concerning: (a) whether they have reached an agreement to resolve this case; (b) the issues to be litigated, including but not limited to whether Calderon's release moots the issue of ICE's authority to detain her; and (c) a proposed schedule for briefing the issues identified." ORDER entered. MEMORANDUM AND ORDER (Bono, Christine) (Entered: 02/15/2018)
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Feb. 15, 2018
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Feb. 15, 2018
RECAP
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18
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ELECTRONIC NOTICE Canceling 2/21/2018 Hearing. (Bono, Christine) (Entered: 02/16/2018)
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Feb. 16, 2018
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Feb. 16, 2018
PACER
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19
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AFFIDAVIT of Respondents by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Larakers, Mary) (Entered: 02/21/2018)
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Feb. 21, 2018
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Feb. 21, 2018
RECAP
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20
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STATUS REPORT by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Larakers, Mary) (Entered: 02/23/2018)
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Feb. 23, 2018
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Feb. 23, 2018
RECAP
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21
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The proposed schedule for briefing respondents' motion to dismiss (Docket No. 20 at 14) is ADOPTED. Respondents shall, by March 27, 2018, file the motion to dismiss. Petitioner shall respond by April 10, 2018. Respondents shall file any reply by April 20, 2018. 2. A hearing on the motion to dismiss shall be held on May 7, 2018, at 9:30 a.m. 3. The parties shall, by April 3, 2018, confer and report whether the Department of Homeland Security agrees not to detain petitioner until the motion to dismiss is decided. If not, petitioner shall state whether she intends to move for a preliminary injunction and, if so, when she proposes to do so." ORDER entered. (Bono, Christine) (Entered: 02/27/2018)
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Feb. 27, 2018
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Feb. 27, 2018
RECAP
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22
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First MOTION to Dismiss by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Attachments: # 1 Exhibit A)(Larakers, Mary) (Entered: 03/27/2018)
1 Exhibit A
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March 27, 2018
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March 27, 2018
RECAP
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23
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STATUS REPORT by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Larakers, Mary) (Entered: 04/03/2018)
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April 3, 2018
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April 3, 2018
RECAP
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24
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Judge Mark L. Wolf: "Petitioner shall, by April 13, 2018, update this report concerning whether she intends to move for a preliminary injunction and, if so, when." ENDORSED ORDER entered. re 23 Status Report filed by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS (Bono, Christine) (Entered: 04/04/2018)
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April 4, 2018
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April 4, 2018
RECAP
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25
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Judge Mark L. Wolf: "It is hereby ORDERED that a hearing will be held on May 8, 2018 [at 10:00 a.m., and continue from day to day, if necessary] to address the issue common to the three above-captioned cases of whether the defendants were required to follow the procedures described in 8 C.F.R. ยง241.4, or any procedures required by the United States Constitution, when deciding to detain the petitioners. The hearing will then address the issues unique to each case." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 04/05/2018)
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April 5, 2018
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April 5, 2018
PACER
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26
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ELECTRONIC NOTICE of Hearing.Hearing set for 5/8/2018 10:00 AM, and continuing day to day, if necessary, in Courtroom 10 before Judge Mark L. Wolf. See Order 25 Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 04/05/2018)
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April 5, 2018
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April 5, 2018
PACER
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27
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AMENDED COMPLAINT (AMENDED CLASS ACTION COMPLAINT AND PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. ยง 2241) against Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Thomas Homan, Thomas Brophy, Donald J. Trump, filed by Lilian Pahola Calderon Jimenez, Luis Gordillo, Sandro De Souza, Carmen Sanchez, Oscar Rivas, Celina Rivera Rivas, Lucimar De Souza, Sergio Francisco, Deng Gao, Amy Chen.(Prussia, Kevin) (Entered: 04/10/2018)
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April 10, 2018
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April 10, 2018
RECAP
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28
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NOTICE of Appearance by Jonathan A. Cox on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez (Cox, Jonathan) (Entered: 04/10/2018)
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April 10, 2018
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April 10, 2018
PACER
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29
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NOTICE of Appearance by Stephen Nicholas Provazza on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez (Provazza, Stephen) (Entered: 04/10/2018)
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April 10, 2018
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April 10, 2018
PACER
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30
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MOTION for Order to Show Cause and for Emergency Relief Preserving the Court's Jurisdiction by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit 1 - Affidavit of Sandro Jose de Souza (Redacted - Public Version), # 2 Exhibit 2 - Affidavit of Oscar Rivas, # 3 Exhibit 3 - Affidavit of Lilian Calderon-Jimenez, # 4 Exhibit 4 - Affidavit of Deng Gao, # 5 Exhibit 5 - Affidavit of Lucimar Gomes de Souza, # 6 Text of Proposed Order)(Prussia, Kevin) (Entered: 04/11/2018)
1 Exhibit 1 - Affidavit of Sandro Jose de Souza (Redacted - Public Version)
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2 Exhibit 2 - Affidavit of Oscar Rivas
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3 Exhibit 3 - Affidavit of Lilian Calderon-Jimenez
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4 Exhibit 4 - Affidavit of Deng Gao
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5 Exhibit 5 - Affidavit of Lucimar Gomes de Souza
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6 Text of Proposed Order
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April 11, 2018
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April 11, 2018
RECAP
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31
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Assented to MOTION to Seal Document 30 MOTION for Order to Show Cause and for Emergency Relief Preserving the Court's Jurisdiction (Motion to Seal Portions of Exhibit 1 to Petitioners' April 11, 2018 Motion for Order to Show Cause) by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) (Entered: 04/11/2018)
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April 11, 2018
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April 11, 2018
RECAP
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32
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Judge Mark L. Wolf: "It is hereby ORDERED that: 1. In order to preserve the court's jurisdiction, to provide the parties an opportunity to attempt to resolve this case and, if necessary, to brief the issues properly, the named petitioners and Lucimar de Souza shall not be moved outside the District of Massachusetts, temporarily or permanently, during the pendency of this case. See 28 U.S.C. ยง1651(a)("[A]ll courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law."). This requirement may be reconsidered by the court sua sponte or upon motion by either party. 2. A further order concerning a schedule for conferring and briefing shall issue." ORDER entered. (Bono, Christine) (Entered: 04/13/2018)
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April 13, 2018
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April 13, 2018
RECAP
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34
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bono, Christine) (Entered: 04/16/2018)
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April 16, 2018
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April 16, 2018
RECAP
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Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 30 Motion for Order. See Memorandum and Order 34 (Bono, Christine)
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April 16, 2018
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April 16, 2018
PACER
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Order on Motion for Order
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April 16, 2018
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April 16, 2018
PACER
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35
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The parties to these cases shall, by April 26, 2018, confer and report, jointly if possible. The report shall: (1) identify issues common to all or many of these cases, and issues unique to a particular case or cases, including any issues not identified in this Memorandum; (2) propose a schedule for briefing the issues in these cases that are not yet briefed; (3) propose an agenda for the May 8, 2018 hearing; and (4) identify any other matters the court should consider to promote a just and efficient resolution of these cases. 2. A status conference will be held on May 1, 2018, at 10:00 a.m., to discuss the matters addressed in this Memorandum, the proposals of the parties, and a schedule for these cases." ORDER entered. MEMORANDUM AND ORDER. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 04/19/2018)
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April 19, 2018
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April 19, 2018
PACER
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36
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STATUS REPORT (JOINT) by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Lafaille, Adriana) (Entered: 04/19/2018)
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April 19, 2018
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April 19, 2018
RECAP
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37
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MOTION for Clarification of this Court's April 13, 2018 Order by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Lafaille, Adriana) (Entered: 04/19/2018)
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April 19, 2018
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April 19, 2018
RECAP
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38
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First Opposition re 37 MOTION for Clarification of this Court's April 13, 2018 Order filed by Yolanda Smith, STEVEN W TOMPKINS, Donald J. Trump. (Larakers, Mary) (Entered: 04/20/2018)
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April 20, 2018
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April 20, 2018
RECAP
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39
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MOTION for Leave to File Excess Pages by Kirstjen M NIELSEN.(Larakers, Mary) (Entered: 04/23/2018)
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April 23, 2018
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April 23, 2018
RECAP
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40
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Second MOTION to Dismiss by Kirstjen M NIELSEN. (Attachments: # 1 Exhibit A)(Larakers, Mary) (Entered: 04/23/2018)
1 Exhibit A
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April 23, 2018
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April 23, 2018
RECAP
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41
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NOTICE of Appearance by Michaela P. Sewall on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez (Sewall, Michaela) (Entered: 04/24/2018)
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April 24, 2018
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April 24, 2018
RECAP
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Notice Cancelling Hearing
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April 24, 2018
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April 24, 2018
PACER
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ELECTRONIC NOTICE Canceling 5/7/2018 Hearing. See Order at docket entry 25 . (The May 1, 2018 and May 8, 2018 hearings remain as previously scheduled.) (Bono, Christine)
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April 24, 2018
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April 24, 2018
PACER
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42
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STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 04/26/2018)
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April 26, 2018
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April 26, 2018
PACER
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43
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Judge Mark L. Wolf: "The affidavit shall be sealed, at least temporarily. However, if the information redacted in the public record becomes relevant and possibly material, it may be unsealed." ENDORSED ORDER entered granting 31 Motion to Seal Document (Bono, Christine) (Entered: 04/27/2018)
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April 27, 2018
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April 27, 2018
RECAP
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44
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MOTION to Dismiss by Kirstjen M NIELSEN.(Larakers, Mary) (Entered: 04/27/2018)
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April 27, 2018
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April 27, 2018
RECAP
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ELECTRONIC NOTICE of Hearing. Status Conference set for 5/1/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. See 4/19/2018 Order 35 Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Bono, Christine)
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April 27, 2018
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April 27, 2018
PACER
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Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 39 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Bono, Christine)
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April 27, 2018
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April 27, 2018
PACER
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Notice of Hearing
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April 27, 2018
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April 27, 2018
PACER
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Order on Motion for Leave to File Excess Pages
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April 27, 2018
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April 27, 2018
PACER
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45
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Response by Lucimar De Souza to 34 Memorandum & ORDER, 40 Second MOTION to Dismiss . (Prussia, Kevin) (Entered: 04/30/2018)
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April 30, 2018
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April 30, 2018
RECAP
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46
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MOTION to Certify Class by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) (Entered: 04/30/2018)
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April 30, 2018
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April 30, 2018
RECAP
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47
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MEMORANDUM in Support re 46 MOTION to Certify Class filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Prussia, Kevin) (Entered: 04/30/2018)
1 Exhibit A
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2 Exhibit B
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3 Exhibit C
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April 30, 2018
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April 30, 2018
RECAP
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48
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Assented to MOTION for Leave to File Excess Pages by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) (Entered: 04/30/2018)
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April 30, 2018
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April 30, 2018
RECAP
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49
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MOTION for Temporary Restraining Order and Preliminary Injunctive Relief by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) (Entered: 04/30/2018)
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April 30, 2018
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April 30, 2018
RECAP
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50
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MEMORANDUM in Support re 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Prussia, Kevin) (Entered: 04/30/2018)
1 Exhibit A
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2 Exhibit B
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3 Exhibit C
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4 Exhibit D
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5 Exhibit E
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6 Exhibit F
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7 Exhibit G
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8 Exhibit H
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9 Exhibit I
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April 30, 2018
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April 30, 2018
RECAP
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51
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Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Status Conference held on 5/1/2018. Parties shall order transcript on an expedited basis. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Piemonte, Kanwit, Sady, Cox, Provazza, Lafaille, Segal, Pomerlau, Cortes del Olmo; Probation: Gina Affsa) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Bono, Christine) (Entered: 05/01/2018)
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May 1, 2018
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May 1, 2018
PACER
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52
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Judge Mark L. Wolf: ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/02/2018)
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May 2, 2018
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May 2, 2018
PACER
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Order on Motion for Extension of Time to File Response/Reply
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May 2, 2018
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May 2, 2018
PACER
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Judge Mark L. Wolf: ELECTRONIC ORDER entered finding as moot 15 Motion for Extension of Time to File Response/Reply (Bono, Christine)
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May 2, 2018
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May 2, 2018
PACER
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53
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Transcript of Status Conference held on May 1, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/1/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/03/2018)
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May 3, 2018
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May 3, 2018
PACER
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54
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NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/03/2018)
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May 3, 2018
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May 3, 2018
PACER
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55
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MEMORANDUM in Support re 44 MOTION to Dismiss filed by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 05/03/2018)
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May 3, 2018
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May 3, 2018
RECAP
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56
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STATUS REPORT by Kirstjen M NIELSEN. (Attachments: # 1 Exhibit A)(Larakers, Mary) (Entered: 05/03/2018)
1 Exhibit A
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May 3, 2018
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May 3, 2018
RECAP
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57
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MEMORANDUM OF LAW by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez to 52 Order. (Prussia, Kevin) (Entered: 05/03/2018)
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May 3, 2018
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May 3, 2018
PACER
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58
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Writ of Habeas Corpus ad Testificandum Issued as to Lucimar de Souza for 5/8/2018. (Bono, Christine) (Entered: 05/04/2018)
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May 4, 2018
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May 4, 2018
PACER
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59
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MOTION for Leave to Appear Pro Hac Vice for admission of Colleen M. Mccullough Filing fee: $ 100, receipt number 0101-7125965 by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Certificate of Colleen M. McCullough in Support of Motion)(Prussia, Kevin) (Entered: 05/04/2018)
1 Certificate of Colleen M. McCullough in Support of Motion
View on PACER
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May 4, 2018
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May 4, 2018
PACER
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60
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JOINT STATEMENT of counsel regarding order of issues to be considered. (Lafaille, Adriana) (Entered: 05/04/2018)
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May 4, 2018
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May 4, 2018
RECAP
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61
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Judge Mark L. Wolf: ELECTRONIC ORDER entered Granting 59 Motion for Leave to Appear Pro Hac Vice Added Colleen M. McCullough. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Franklin, Yvonne) (Entered: 05/07/2018)
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May 7, 2018
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May 7, 2018
PACER
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62
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NOTICE of Appearance by Kathleen M. Gillespie on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez, Yolanda Smith (Gillespie, Kathleen) (Entered: 05/07/2018)
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May 7, 2018
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May 7, 2018
PACER
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63
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Amended JOINT STATEMENT of counsel regarding order of issues to be considered. (Lafaille, Adriana) (Entered: 05/07/2018)
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May 7, 2018
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May 7, 2018
PACER
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64
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Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 5/8/2018. (Exhibits entered: (1) 4/27/18 "Decision to Continue Detention" letter directed to Lucimar de Souza; (2) 5/3/18 "Notice to Alien of File Custody Review" letter directed to Eduardo Junqueira). Decision and Order shall issue. Parties shall order transcript on an expedited basis. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Piemonte, Sady, Lafaille, Cox, McCullough, Pomerleau, Marzouk; Probation Officer Susan Walls) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Bono, Christine) (Entered: 05/08/2018)
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May 8, 2018
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May 8, 2018
PACER
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65
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Judge Mark L. Wolf: "The proposed briefing schedule is hereby ADOPTED. Hearing date(s) will be set after briefing is complete. ENDORSED ORDER entered. re 63 Joint statement of counsel (Bono, Christine) (Entered: 05/08/2018)
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May 8, 2018
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May 8, 2018
PACER
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66
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Judge Mark L. Wolf: ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/09/2018)
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May 8, 2018
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May 8, 2018
RECAP
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67
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AFFIDAVIT by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 05/11/2018)
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May 11, 2018
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May 11, 2018
RECAP
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68
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STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 05/11/2018)
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May 11, 2018
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May 11, 2018
RECAP
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69
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The hearing originally scheduled for May 15, 2018, and postponed to accommodate the schedule of counsel for respondents in Calderon, shall be held on May 22, 2018, at 10:00 a.m. and, if necessary, continue on May 23, 2018. 2. Each ICE official identified in the Affidavits from ICE Representatives filed on February 21, 2018 and May 11, 2018 shall appear at the May 22, 2018 hearing to testify, if necessary. 3. Each potential witness shall comply with the Sequestration Order being issued with this Order." ORDER entered. (Attachments: # 1 Sequestration Order)Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/14/2018)
1 Sequestration Order
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May 14, 2018
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May 14, 2018
RECAP
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70
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Judge Mark L. Wolf: "The May 15, 2018 hearing is hereby CANCELLED and will be rescheduled." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW(Bono, Christine) (Entered: 05/14/2018)
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May 14, 2018
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May 14, 2018
PACER
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71
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NOTICE of Appearance by J. Max Weintraub on behalf of Thomas Brophy, Christopher Cronen, Thomas Homan, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Donald J. Trump (Weintraub, J.) (Entered: 05/16/2018)
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May 16, 2018
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May 16, 2018
PACER
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72
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STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 05/18/2018)
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May 18, 2018
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May 18, 2018
RECAP
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73
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Transcript of Hearing held on May 8, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/8/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/16/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/18/2018)
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May 18, 2018
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May 18, 2018
PACER
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74
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NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/18/2018)
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May 18, 2018
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May 18, 2018
PACER
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75
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Transcript of Lobby Conference held on May 8, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/20/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/21/2018)
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May 21, 2018
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May 21, 2018
PACER
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76
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NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/21/2018)
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May 21, 2018
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May 21, 2018
PACER
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77
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Acting Assistant Field Office Director Marc McGee shall attend the May 22, 2018 hearing and be prepared to testify if necessary. 2. Mr. McGee and Acting Field Office Director Thomas Brophy shall review Dos Santos' records and be prepared to testify regarding, among other things, whether "ICE officers told [Dos Santos] he would not be allowed to [sign travel documents]," and if so, why. Report (Docket No. 57) at 52. 3. Petitioner Edjann Dos Santos shall also be prepared to testify if necessary." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/21/2018)
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May 21, 2018
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May 21, 2018
PACER
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78
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Opposition re 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Kirstjen M NIELSEN. (Attachments: # 1 Exhibit A)(Larakers, Mary) (Entered: 05/21/2018)
1 Exhibit A
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May 21, 2018
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May 21, 2018
RECAP
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79
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RESPONSE to Motion re 44 MOTION to Dismiss filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Prussia, Kevin) (Entered: 05/21/2018)
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May 21, 2018
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May 21, 2018
RECAP
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Notice of Hearing on Motion
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May 21, 2018
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May 21, 2018
PACER
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ELECTRONIC NOTICE : Hearing set for 5/22/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. Hearing shall continue 5/23/2018, if necessary, 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. See 69 Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine)
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May 21, 2018
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May 21, 2018
PACER
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80
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Letter/request (non-motion) from John Hawkinson. (Bono, Christine) (Entered: 05/23/2018)
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May 22, 2018
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May 22, 2018
RECAP
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81
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Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 5/22/2018. Petitioner E. Dos Santos is present. Witnesses Thomas Brophy and James Rutherford called. Witnesses sworn and give testimony. Exhibits 1-8 entered. Hearing continued to 5/23/2018. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Weintraub, Sady, Pomerleau, Marzouk, Rubin, Lafaille, Prussia, Cox, McCullough, Segal, Sewall) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/23/2018)
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May 23, 2018
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May 23, 2018
PACER
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84
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Unless otherwise ordered, the hearing that began on May 22, 2018 shall resume on May 30, 2018, at 9:30 a.m. 2. The parties in Calderon v. Cronen, C.A. No. 18-10225, shall confer and, by May 25, 2018 at 12:00 noon, report whether they have reached an agreement to resolve the case or any issues in it and, if not, how the case should proceed, including: whether the schedules for briefing the motions to dismiss, for a preliminary injunction, and/or for class certification should be modified; whether they request more time to confer; and whether the hearing on May 30, 2018 should be continued. If the parties do not request that the May 30, 2018 hearing be continued, they shall propose an agenda for it. 3. The parties in Dos Santos v. Nielsen, C.A. No. 10310, shall, by May 29, 2018, report the status of the case or file a stipulation of dismissal. 4. The parties in Calderon shall order the transcript of the May 22 and 23, 2018 hearings." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/24/2018)
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May 23, 2018
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May 23, 2018
PACER
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85
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Brophy, Rutherford, and Lyons shall not discuss with each other or any other prospective witness: (a) what each was asked or answered at the May 22 and 23 hearings; and (b) the facts concerning the cases of De Souza, Junqueira, and Lilian Calderon. 2. Brophy, Rutherford, and Lyons may discuss, among themselves and with other employees of ICE, the general issues raised by the De Souza, Junqueira, and Calderon cases, and any related cases, in discharging their duties as ICE officials, including in making the transition to Lyons as Acting Field Office Director on June 1, 2018. 3. The May 14, 2018 Sequestration Order otherwise remains in effect." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/24/2018)
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May 23, 2018
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May 23, 2018
PACER
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82
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Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 5/23/2018. Petitioner E. Dos Santos is present. Witnesses Thomas Brophy and James Rutherford remain under oath and testimony continues. Exhibits 9 and 10 entered. Exhibits A and B entered under seal. Witness Todd Lyons is sworn and gives testimony. Hearing continued to 5/30/2018. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Weintraub, Sady, Pomerleau, Marzouk, Rubin, Lafaille, Prussia, Cox, McCullough, Segal, Sewall) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/24/2018)
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May 24, 2018
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May 24, 2018
PACER
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83
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Exhibit and Witness List. (Attachments: # 1 Exhibit 2, # 2 Exhibit 6, # 3 Exhibit 9, # 4 Exhibit 10; Exhibit 4 is DVD video format and available in the Clerk's Office upon request.)Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/24/2018)
1 Exhibit Ex. 2
View on RECAP
2 Exhibit Ex. 6
View on RECAP
3 Exhibit Ex. 9
View on RECAP
4 Exhibit Ex. 10
View on RECAP
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May 24, 2018
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May 24, 2018
RECAP
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86
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STATUS REPORT by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Prussia, Kevin) (Entered: 05/25/2018)
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May 25, 2018
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May 25, 2018
RECAP
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87
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The May 30, 2018 hearing is CANCELLED and, if necessary, will be rescheduled. 2. The parties shall continue to confer and, by 12:00 noon on June 1, 2018, report whether any or all of the remaining issues in this case have been resolved. If all issues have not been resolved, they shall report whether the evidence at the May 22 and 23, 2018 hearings requires additional submissions concerning the motions to dismiss, for preliminary injunction, and/or for class certification. If so, the parties shall propose a schedule for additional briefing. 3. Although it may be altered following the June 1, 2018 report, the briefing schedule proposed in paragraph 4 of the Joint Statement is adopted." ORDER entered. (Bono, Christine) (Entered: 05/25/2018)
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May 25, 2018
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May 25, 2018
RECAP
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88
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STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 06/01/2018)
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June 1, 2018
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June 1, 2018
RECAP
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89
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Transcript of Hearing held on May 22, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/25/2018. Redacted Transcript Deadline set for 7/5/2018. Release of Transcript Restriction set for 9/4/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Scalfani, Deborah) (Entered: 06/04/2018)
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June 4, 2018
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June 4, 2018
PACER
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