Case: L.V.M. v. Lloyd

L.V.M. v. Marcos

Petition for Writ of Habeas Corpus

Certify Class

Memorandum of Law in Support of Motion

Civil Cover Sheet

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher T Dunn. The party information for the following party/parties has been modified: L.V.M., Scott Lloyd, Jonathan White, Steven R. Wagner, Alex Azar, Elcy Valdez, Jeremy Kohomban. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (pc)

Notice to Attorney Regarding Party Modification

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher T Dunn. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551; Nature of Suit code 440 (Civil Rights: Other). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2241; the Nature of Suit code has been modified to 463 (Habeas Corpus - Alien Detainee). (pc)

Notice to Attorney Regarding Case Opening Statistical Error Correction

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pc)

Case Opening Initial Assignment Notice

Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pc)

Case Designation

Case Designated ECF. (pc)

Case Designated ECF

NOTICE OF APPEARANCE by Paige Austin on behalf of L.V.M.. (Austin, Paige) (Entered: 02/21/2018)

REQUEST FOR ISSUANCE OF SUMMONS as to Jeremy Kohomban, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

REQUEST FOR ISSUANCE OF SUMMONS as to Steven Wagner, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

REQUEST FOR ISSUANCE OF SUMMONS as to Scott Lloyd, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

REQUEST FOR ISSUANCE OF SUMMONS as to Elcy Valdez, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

REQUEST FOR ISSUANCE OF SUMMONS as to Alex Azar, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan White, re: 1 Petition for Writ of Habeas Corpus. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/22/2018)

ELECTRONIC SUMMONS ISSUED as to Jeremy Kohomban. (sj) (Entered: 02/23/2018)

ELECTRONIC SUMMONS ISSUED as to Steven Wagner. (sj) (Entered: 02/23/2018)

ELECTRONIC SUMMONS ISSUED as to Scott Lloyd. (sj) (Entered: 02/23/2018)

ELECTRONIC SUMMONS ISSUED as to Elcy Valdez. (sj) (Entered: 02/23/2018)

ELECTRONIC SUMMONS ISSUED as to Alex Azar. (sj) (Entered: 02/23/2018)

ELECTRONIC SUMMONS ISSUED as to Jonathan White. (sj) (Entered: 02/23/2018)

LETTER MOTION for Conference on Motion for Preliminary Injunction and Expedited Discovery Schedule addressed to Judge Paul A. Crotty from Paige Austin dated 2/26/2018. Document filed by L.V.M..(Austin, Paige) (Entered: 02/26/2018)

NOTICE OF APPEARANCE by Michael James Byars on behalf of Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 02/26/2018)

NOTICE OF APPEARANCE by Aadhithi Padmanabhan on behalf of L.V.M.. (Padmanabhan, Aadhithi) (Entered: 02/27/2018)

AFFIDAVIT OF SERVICE of Letter Motion served on Scott Lloyd; Jonathan White; Steven Wagner; Alex Azar; Elcy Valdez on 2/27/2018. Service was made by Mail. Document filed by L.V.M.. (Austin, Paige) (Entered: 02/27/2018)

AFFIDAVIT OF SERVICE of Letter Motion served on Jeremy Kohomban on 3/1/2018. Service was made by Mail. Document filed by L.V.M.. (Austin, Paige) (Entered: 03/01/2018)

Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Wednesday, March 14, 2018 @ 12:00 PM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)

Docket Annotation

Calendar Entry *DATE CHANGE*: The Pre-Motion Conference scheduled to go forward on Wednesday, March 14, 2018 is rescheduled to: Thursday, March 15, 2018 @ 10:30 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment (on consent): the 3/14/18 not a convenient date for the parties. A PDF IS NOT ATTACHED TO THIS ENTRY (reset via e-mail communication by: David Gonzalez - Courtroom Deputy). (dgo)

Docket Annotation

LETTER addressed to Judge Paul A. Crotty from AUSA Michael J. Byars dated March 11, 2018 re: response to February 26, 2018 letter (ECF 18). Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Byars, Michael) (Entered: 03/11/2018)

CALENDAR ENTRY **REMINDER**: Pre-Motion Conference scheduled to go forward on: Thursday, March 15, 2018 @ 10:30 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)

Docket Annotation

Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 3/15/2018. REMARK: Paige Austin, Christopher Dunn, Aadhithi Padmanabhan, and Scout Katovich appeared for the plaintiff. AUSA Michael Byars appeared for the government. The Court directs the plaintiff to make its discovery demands in writing and to meet and confer with the government. A conference is set for Thursday, March 22, 2018 at 11:15 AM. See transcript for details. (Court Reporter Rose Prater) (dgo)

Pre-Motion Conference

CALENDAR ENTRY **REMINDER**: Status Conference scheduled to go forward on: Thursday, March 22, 2018 @ 11:15 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)

Docket Annotation

JOINT LETTER addressed to Judge Paul A. Crotty from Counsel for Plaintiffs and Federal Defendants dated 3/21/2018 re: Parties' Joint Letter Regarding Expedited Discovery and Proposed Briefing Schedule. Document filed by L.V.M..(Austin, Paige) (Entered: 03/21/2018)

Calendar Entry *DATE CHANGE*: The Status Conference scheduled to go forward on Thursday, March 22, 2018 is rescheduled to: Thursday, March 29, 2018 @ 11:00 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment: the 3/22/18 no longer a convenient date for the Court. A PDF IS NOT ATTACHED TO THIS ENTRY (reset via e-mail communication by: David Gonzalez - Courtroom Deputy). (dgo) Modified on 3/23/2018 (dgo).

Docket Annotation

TRANSCRIPT of Proceedings re: conference held on 3/15/2018 before Judge Paul A. Crotty. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2018. Redacted Transcript Deadline set for 4/27/2018. Release of Transcript Restriction set for 6/25/2018.(McGuirk, Kelly) (Entered: 03/27/2018)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernece proceeding held on 3/15/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/27/2018)

NOTICE OF APPEARANCE by Benjamin Fisher Neidl on behalf of Jeremy Kohomban. (Attachments: # 1 Affidavit Affirmation of Service)(Neidl, Benjamin) (Entered: 03/28/2018)

Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 3/29/2018. REMARK: Paige Austin, Christopher Dunn, Aadhithi Padmanabhan, and Scout Katovich appeared for the plaintiff. AUSA Michael Byars appeared for the government. Benjamin Neidle apeared for respondent K. Kohomban. The Court ordered the following: S. Lloyd and E. Valdez are to be deposed; Depositions will take place between April 11 and April 13; April 13, 2018 is the close of discovery; Mr. Neidl and the government can move the Court together for a MTD; The Agency is to produce what the parties have agreed to. The PI is due on April 23, 2018. See transcript for details. (Court Reporter Eve Giniger) (dgo)

Status Conference

NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Teleanu, Natasha) (Entered: 04/04/2018)

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Judge Paul A. Crotty on 4/5/18) (yv) (Entered: 04/05/2018)

JOINT LETTER addressed to Judge Paul A. Crotty from Paige Austin dated 4/10/2018 re: Request to Modify Discovery and Briefing Schedule. Document filed by L.V.M..(Austin, Paige) (Entered: 04/10/2018)

MEMO ENDORSEMENT on re: 30 Letter filed by L.V.M. ENDORSEMENT: The proposed modifications are approved. So ordered.(Deposition due by 4/17/2018. Motions due by 4/27/2018. Responses due by 5/21/2018. Replies due by 5/29/2018.) (Signed by Judge Paul A. Crotty on 4/12/2018) (anc) (Entered: 04/12/2018)

TRANSCRIPT of Proceedings re: conference held on 3/29/2018 before Judge Paul A. Crotty. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/8/2018. Redacted Transcript Deadline set for 5/18/2018. Release of Transcript Restriction set for 7/16/2018.(McGuirk, Kelly) (Entered: 04/17/2018)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/29/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/17/2018)

LETTER MOTION for Extension of Time addressed to Judge Paul A. Crotty from Paige Austin, Counsel for the Plaintiffs dated 4/24/18. Document filed by L.V.M..(Padmanabhan, Aadhithi) (Entered: 04/24/2018)

ORDER granting 34 Letter Motion for Extension of Time. The briefing schedule is modified as requested on pg 2. SO ORDERED. (Motions due by 5/14/2018.) (Signed by Judge Paul A. Crotty on 4/25/18) (yv) (Entered: 04/26/2018)

Set/Reset Deadlines

Set/Reset Deadlines: Responses due by 5/24/2018. Replies due by 5/31/2018. (yv)

FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Preliminary Injunction . Document filed by L.V.M.. (Attachments: # 1 Affidavit Maria Rafael Declaration, # 2 Affidavit Luis Zayas Declaration, # 3 Affidavit Lisa Fortuna Declaration, # 4 Affidavit Robert Carey Declaration, # 5 Affidavit Carolyn Corrado Declaration, # 6 Affidavit Bryan Johnson Declaration, # 7 Affidavit Cesar Francia Declaration, # 8 Affidavit Dawn Guidone Declaration, # 9 Affidavit LVM Declaration, # 10 Affidavit Edith E. G. Mejia Declaration, # 11 Affidavit Marta E. G. Abrego Declaration, # 12 Affidavit Margarita M. Rodriguez Declaration)(Austin, Paige) Modified on 5/9/2018 (db). (Entered: 04/30/2018)

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 36 FIRST MOTION for Preliminary Injunction . . Document filed by L.V.M.. (Padmanabhan, Aadhithi) Modified on 5/9/2018 (db). (Entered: 04/30/2018)

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 39 Declaration) - DECLARATION of Scout Katovich in Support re: 36 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) Modified on 5/4/2018 (db). (Entered: 04/30/2018)

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Scout Katovich in Support re: 36 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) Modified on 5/9/2018 (db). (Entered: 04/30/2018)

NOTICE OF APPEARANCE by Scout Katherine Katovich on behalf of L.V.M.. (Katovich, Scout) (Entered: 05/03/2018)

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Paige Austin to RE-FILE Document 36 FIRST MOTION for Preliminary Injunction . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Paige Austin to RE-FILE Document 39 Declaration in Support of Motion, 37 Memorandum of Law in Support of Motion. ERROR(S): Documents linked to filing error(s). (db)

Notice to Attorney to Re-File Document - Deficient Docket Entry Error

NOTICE of Oral Argument: Oral Argument on the pending motions is scheduled to go forward on: Thursday, June 7, 2018 at 10:30 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before the Honorable Paul A. Crotty, U.S.D.J ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)

Docket Annotation

FIRST MOTION for Preliminary Injunction . Document filed by L.V.M..(Austin, Paige) (Entered: 05/09/2018)

MEMORANDUM OF LAW in Support re: 41 FIRST MOTION for Preliminary Injunction . . Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Scout Katovich in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Maria Rafael in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Dr. Luis H. Zayas in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Dr. Lisa R. Fortuna in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Robert Carey in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Carolyn Corrado in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Bryan Johnson in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Cesar A. Francia in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Dawn Pipek Guidone in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of L.V.M. in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Edith Esmeralda de Galindo Mejia in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Marta Elicia Gonzalez Abrego in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

DECLARATION of Margarita Mendoza Rodriguez in Support re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by L.V.M.. (Austin, Paige) (Entered: 05/09/2018)

LETTER MOTION for Leave to File Excess Pages and Request for a One-Day Extension of Time addressed to Judge Paul A. Crotty from Natasha W. Teleanu dated 5/10/2018. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Teleanu, Natasha) (Entered: 05/10/2018)

ORDER granting 56 Letter Motion for Leave to File Excess Pages. The request for an enlarged brief is granted, and the proposed schedule is adopted. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/11/18) (yv) (Entered: 05/11/2018)

Set/Reset Deadlines

Set/Reset Deadlines: Responses due by 5/25/2018. Replies due by 6/1/2018. (yv)

MOTION to Dismiss . Document filed by Jeremy Kohomban. Responses due by 5/25/2018 Return Date set for 6/7/2018 at 10:30 AM.(Neidl, Benjamin) (Entered: 05/14/2018)

MEMORANDUM OF LAW in Support re: 58 MOTION to Dismiss ., 36 FIRST MOTION for Preliminary Injunction ., 2 MOTION to Certify Class . (Memorandum of Law in support of Jeremy Kohomban's motion to dismiss, and in response to plaintiff/petitioner's motions for preliminary injunction and class certification). Document filed by Jeremy Kohomban. (Neidl, Benjamin) (Entered: 05/14/2018)

AFFIRMATION of Benjamin F. Neidl in Support re: 41 FIRST MOTION for Preliminary Injunction ., 58 MOTION to Dismiss ., 2 MOTION to Certify Class .. Document filed by Jeremy Kohomban. (Attachments: # 1 Exhibit Exhibit A (TVPRA), # 2 Exhibit Exhibit B (ORR Policy Guide sec. 1.4.2), # 3 Exhibit Exhibit C (ORR Policy Guide sec. 2.7), # 4 Exhibit Excerpt of Elcy Valdez Deposition Transcript)(Neidl, Benjamin) (Entered: 05/14/2018)

MOTION to Dismiss . Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Byars, Michael) (Entered: 05/15/2018)

DECLARATION of E. Scott Lloyd in Opposition re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/15/2018)

DECLARATION of Jallyn Sualog in Opposition re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/15/2018)

MEMORANDUM OF LAW in Opposition re: 41 FIRST MOTION for Preliminary Injunction . . Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/15/2018)

DECLARATION of Marivic Fields in Opposition re: 41 FIRST MOTION for Preliminary Injunction .. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White. (Byars, Michael) (Entered: 05/16/2018)

LETTER MOTION to Seal Document addressed to Judge Paul A. Crotty from Natasha W. Teleanu dated 5/16/2018. Document filed by Alex Azar, Scott Lloyd, Elcy Valdez, Steven Wagner, Jonathan White.(Teleanu, Natasha) (Entered: 05/16/2018)

ORDER granting 66 LETTER Motion to Seal Document. The declaration and exhibits may be filed under seal. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/16/18) (yv) Modified on 5/16/2018 (yv). (Entered: 05/16/2018)