Case: Chunn v. Edge

PETITION for Writ of Habeas Corpus Under 28 U.S.C. ยง 2241 filing fee $ 5, receipt number ANYEDC-12601809, filed by Justin Rodriguez, Hassan Chunn, Ayman Rabadi, Nehemiah McBride. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons to Respondent Warden Derek Edge, # 3 Proposed Order to Show Cause, # 4 Exhibit 1 - Declaration of Deirdre D. von Dornum with Exhibits, # 5 Exhibit 2 - Declaration of Jonathan Giftos, M.D.) (Rosenfeld, Katherine) (Entered: 03/27/2020)

1 Civil Cover Sheet

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2 Proposed Summons to Respondent Warden Derek Edge

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3 Proposed Order to Show Cause

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4 Exhibit 1 - Declaration of Deirdre D. von Dornum with Exhibits

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5 Exhibit 2 - Declaration of Jonathan Giftos, M.D.

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Unsigned Order to Show Cause by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Bowens, Priscilla) (Entered: 03/30/2020)

Case Assigned to Judge Rachel P. Kovner. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Summons Issued as to Derek Edge. (Bowens, Priscilla) (Entered: 03/30/2020)

Letter Related Case Statement to Clerk of Court by Hassan Chunn (Rosenfeld, Katherine) (Entered: 03/29/2020)

NOTICE of Appearance by Scout Katovich on behalf of Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (aty to be noticed) (Katovich, Scout) (Entered: 03/30/2020)

Case Assigned/Reassigned

Civil Cover Sheet.. Re 1 Petition for Writ of Habeas Corpus, by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Rosenfeld, Katherine) (Entered: 03/30/2020)

Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla) (Entered: 03/30/2020)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 03/30/2020)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 03/30/2020)

NOTICE of Appearance by Betsy R. Ginsberg on behalf of Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (aty to be noticed) (Ginsberg, Betsy) (Entered: 03/30/2020)

NOTICE of Appearance by Alexander A. Reinert on behalf of All Plaintiffs (notification declined or already on case) (Reinert, Alexander) (Entered: 03/30/2020)

MOTION for Temporary Restraining Order by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Petitioners' Motion for a Temporary Restraining Order, # 2 Declaration Declaration of Katherine Rosenfeld, # 3 Exhibit 1 - Declaration of Carmen Nevarez, # 4 Exhibit 2 - Letter from Kenneth Montgomery, # 5 Exhibit 3 - Declaration of Tasha Moore, # 6 Exhibit 4 - Letter from Robert Baum, # 7 Exhibit 5 - Declaration of Migdaliz Quinones, # 8 Exhibit 6 - Rabadi Medical Attention Form, # 9 Exhibit 7 - Letter from Mr. DuBoulay, # 10 Exhibit 8 - Declaration of Jacklyn Romanoff, # 11 Exhibit 9 - Declaration of Jaime Meyer, # 12 Declaration Supplemental Declaration of Deirdre D. Von Dornum) (Rosenfeld, Katherine) (Entered: 03/30/2020)

1 Memorandum in Support Memorandum of Law in Support of Petitioners' Motion f

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2 Declaration Declaration of Katherine Rosenfeld

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3 Exhibit 1 - Declaration of Carmen Nevarez

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4 Exhibit 2 - Letter from Kenneth Montgomery

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5 Exhibit 3 - Declaration of Tasha Moore

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6 Exhibit 4 - Letter from Robert Baum

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7 Exhibit 5 - Declaration of Migdaliz Quinones

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8 Exhibit 6 - Rabadi Medical Attention Form

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9 Exhibit 7 - Letter from Mr. DuBoulay

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10 Exhibit 8 - Declaration of Jacklyn Romanoff

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11 Exhibit 9 - Declaration of Jaime Meyer

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12 Declaration Supplemental Declaration of Deirdre D. Von Dornum

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NOTICE of Appearance by James R. Cho on behalf of Derek Edge (aty to be noticed) (Cho, James) (Entered: 03/30/2020)

NOTICE of Appearance by O. Andrew F. Wilson on behalf of Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (aty to be noticed) (Wilson, O. Andrew) (Entered: 03/30/2020)

NOTICE of Appearance by Samuel Shapiro on behalf of Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (aty to be noticed) (Shapiro, Samuel) (Entered: 03/30/2020)

Scheduling Order re: 12 Motion for Temporary Restraining Order: A hearing on Petitioners' motion for a temporary restraining order is hereby scheduled for April 1, 2020 at 11:30 a.m. The hearing will be held by telephone. At 11:30 a.m., the parties shall call into the Court's dedicated conference line at (888) 278-0296 and type in the access code 2012636, followed by the pound (#) key. By 2 p.m. on March 31, 2020, the Government shall file a written response to Petitioners' motion for a temporary restraining order. Ordered by Judge Rachel P. Kovner on 3/30/2020. (Liss, Jeremy)

NOTICE of Appearance by Alexander A. Reinert on behalf of Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (aty to be noticed) (Reinert, Alexander) (Entered: 03/30/2020)

Consent MOTION for Extension of Time to File Response/Reply (request for an extension of time until 4 p.m. to file respondent's response to the motion for a temporary restraining order) by Derek Edge. (Cho, James) (Entered: 03/31/2020)

Order

ORDER granting 17 Motion for Extension of Time to File Response/Reply (request for an extension of time until 4 p.m. to file respondent's response to the motion for a temporary restraining order). Respondent's deadline to respond to the TRO request is extended until 4 p.m. on 3/31/20. Ordered by Judge Rachel P. Kovner on 3/31/2020.(Kovner, Rachel)

RESPONSE in Opposition re 12 MOTION for Temporary Restraining Order filed by Derek Edge. (Attachments: # 1 Declaration (Declaration of Associate Warden Milinda King), # 2 Exhibit (Associate Warden King Declaration Exhibits 1-3))) (Cho, James) (Entered: 03/31/2020)

1 Declaration (Declaration of Associate Warden Milinda King)

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2 Exhibit (Associate Warden King Declaration Exhibits 1-3))

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Letter enclosing courtesy copies of Respondent's Memorandum of Law in Opposition to Petitioners' Motion for a Temporary Restraining Order, and Declaration of Associate Warden Milinda King with Exhibits 1-3 (ECF Nos. 18, 18-1 and 18-2) by Derek Edge (Cho, James) (Entered: 03/31/2020)

NOTICE of Appearance by Seth D. Eichenholtz on behalf of Derek Edge (aty to be noticed) (Eichenholtz, Seth) (Entered: 03/31/2020)

Order(Other)

ORDER: In preparation for the hearing on petitioners' request for a temporary restraining order, the parties should be prepared to discuss: (1) the extent to which petitioners and other inmates in the proposed class have alternative avenues for obtaining release, including compassionate release and bail, and whether the availability of alternative avenues bears on the TRO analysis; (2) why orders of release from custody, instead of orders directed at constitutionally deficient conditions, are the appropriate remedy for any such conditions; and (3) the relevance, if any, of additional BOP measures publicly reported this evening ("BOP COVID-19 Action Plan Phase Five"). If Respondent believes that the new BOP measures are relevant, the Court requests that Respondent submit a supplemental declaration that outlines the additional measures or incorporates a memorandum setting out those measures. Ordered by Judge Rachel P. Kovner on 4/1/2020. (Hershey, Kenneth)

AFFIDAVIT/DECLARATION in Opposition re 12 MOTION for Temporary Restraining Order (supplemental declaration of Associate Warden Milinda King and MDC's implementation of Phase 5 of the COVID-19 Action Plan)) filed by Derek Edge. (Cho, James) (Entered: 04/01/2020)

MEMORANDUM in Opposition re 12 MOTION for Temporary Restraining Order supplemental memorandum filed by Derek Edge. (Eichenholtz, Seth) (Entered: 04/01/2020)

Minute Entry for telephonic hearing before Judge Rachel P. Kovner on 04/01/2020. Katherine Rosenfeld, Alexander Reinert, Betsy Ginsberg, and Andrew Wilson appeared for petitioners. James Cho and Seth Eichenholtz appeared for respondent. Argument held on petitioners' request for a temporary restraining order. Decision reserved. (Court Reporter Anthony Frisolone.) (Hershey, Kenneth)

ORDER REFERRING CASE FOR SETTLEMENT DISCUSSIONS: This case is respectfully referred to Magistrate Judge Mann for the purpose of exploring settlement. As further discussed in the attached order, the parties are directed to make themselves available to Judge Mann today for discussion of the issues raised in petitioners' request for a temporary restraining order. Ordered by Judge Rachel P. Kovner on 4/2/2020. (Hershey, Kenneth) (Entered: 04/02/2020)

Telephone Conference

Minute Entry for Settlement Conference held on 4/2/2020 before Magistrate Judge Roanne L. Mann. Settlement discussions held and continued to April 3, 2020 at 9:00 a.m. See attached for appearances. (Proujansky, Josh) (Entered: 04/02/2020)

Minute Entry for Settlement Conference held on 4/3/2020 before Magistrate Judge Roanne L. Mann. Further settlement discussions held. The government will provide the Court and petitioner's counsel with a prompt update. See attached for appearances. (Proujansky, Josh) (Entered: 04/03/2020)

Letter to Honorable Rachel P. Kovner Regarding Status of Settlement Discussions and Enclosing Supplemental Declaration by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Attachments: # 1 Supplemental Declaration of Katherine Rosenfeld in Further Support of Petitioners' Request for a Temporary Restraining Order, # 2 Exhibit A - Charts, # 3 Exhibit B - BOP Letter dated April 3, 2020, # 4 Exhibit C - Declaration of Homer Venters, # 5 Exhibit D - Transcript of April 1, 2020 Proceeding, # 6 Exhibit E - Declaration of Robert C. Cohen, M.D.) (Rosenfeld, Katherine) (Entered: 04/03/2020)

1 Supplemental Declaration of Katherine Rosenfeld in Further Support of Petitione

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2 Exhibit A - Charts

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3 Exhibit B - BOP Letter dated April 3, 2020

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4 Exhibit C - Declaration of Homer Venters

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5 Exhibit D - Transcript of April 1, 2020 Proceeding

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6 Exhibit E - Declaration of Robert C. Cohen, M.D.

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STATUS REPORT on behalf of the government in response to the Court's April 2, 2020 Order (ECF No. 23), and April 3, 2020 Order (ECF No. 25) by Derek Edge (Cho, James) (Entered: 04/03/2020)

Letter Updating Court on Respondents' Denials of Petitioners' Compassionate Release Requests by Hassan Chunn (Rosenfeld, Katherine) (Entered: 04/03/2020)

MEMORANDUM in Opposition to Petitioners' Supplemental Declarations (ECF No. 26) filed by Derek Edge. (Cho, James) (Entered: 04/03/2020)

SCHEDULING ORDER: A teleconference on the 12 motion for a temporary restraining order is hereby scheduled for April 4, 2020 at 10:00 a.m.The parties are directed to call (888) 278-0296 and type in the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 4/3/2020. (Yaffe, Leah)

Letter on behalf of the government in response to petitioners' letter to the Court regarding the denials of petitioners' compassionate release requests by Derek Edge (Cho, James) (Entered: 04/03/2020)

NOTICE of Appearance by Joseph Anthony Marutollo on behalf of Derek Edge (aty to be noticed) (Marutollo, Joseph) (Entered: 04/04/2020)

Letter respectfully informing the Court of the Attorney General's April 3, 2020 Memorandum to BOP by Derek Edge (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 04/04/2020)

1 Exhibit

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Scheduling Order

Letter respectfully informing the Court of the BOP Memorandum dated April 3, 2020 by Derek Edge (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 04/04/2020)

1 Exhibit

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Order and minute entry for telephonic conference before Judge Rachel P. Kovner on 04/04/2020. Katherine Rosenfeld, Alexander Reinert, Betsy Ginsberg, Andrew Wilson, and Scout Katovich appeared for petitioners. James Cho, Seth Eichenholtz, and Allon Lifshitz appeared for respondent. Holly Pratesi joined the call on behalf of the Bureau of Prisons (BOP). Deirdre von Dornum joined the call on behalf of the Federal Defenders. Lisa Olson joined the call on behalf of the Department of Justice. The Court held in abeyance petitioners' 12 motion for a temporary restraining order while petitioners pursue their applications for compassionate release. Respondent shall file a letter by April 7, 2020, stating whether the BOP has reached a final decision on petitioners' applications. If BOP has not yet reached a final decision, respondent shall advise the Court when final decisions will be reached and whether the government is pressing (or intends to press) failure to fully exhaust administrative remedies as a basis to oppose consideration of applications by petitioners' sentencing courts under 18 U.S.C. 3582(c)(1)(A). (Yaffe, Leah)

Letter pursuant to the Court's April 5, 2020 Order by Derek Edge (Marutollo, Joseph) (Entered: 04/07/2020)

Letter Response to Government's 4/7/20 Submission by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Rosenfeld, Katherine) (Entered: 04/07/2020)

Letter addendum to Respondent's April 7 letter, and opposition to Petitioners' April 7 letter by Derek Edge (Marutollo, Joseph) (Entered: 04/07/2020)

A phone conference in this case is scheduled for April 8 at 5 p.m. The parties are directed to call (888) 278-0296 and type in the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 4/7/2020. (Hershey, Kenneth)

Order(Other)

Order and minute entry for telephonic conference before Judge Rachel P. Kovner on 4/08/2020. Katherine Rosenfeld, Alexander Reinert, Betsy Ginsberg, Andrew Wilson, and Scout Katovich appeared for petitioners. James Cho, Seth Eichenholtz, Joseph Marutollo, and Allon Lifshitz appeared for respondent. Holly Pratesi and Darrin Howard joined the call on behalf of the Bureau of Prisons (BOP). Deirdre von Dornum joined the call on behalf of the Federal Defenders. Lisa Olson joined the call on behalf of the Department of Justice. The parties discussed the compassionate-release applications that are pending with the BOP and petitioners' sentencing judges. The Court denied the 12 motion for a temporary restraining order. The parties agreed to confer about an expedited discovery schedule and a date for a preliminary injunction hearing. The parties are directed to submit a joint proposed schedule by 4/10/2020. If the parties cannot agree on a schedule, then they should submit letters describing their competing proposals and any points of agreement. Ordered by Judge Rachel P. Kovner on 4/08/2020. (Court Reporter Linda Marino) (Yaffe, Leah)

ORDER denying 12 motion for a temporary restraining order. As discussed at today's telephonic conference, the motion for a TRO is denied. Ordered by Judge Rachel P. Kovner on 4/08/2020. (Yaffe, Leah)

Letter enclosing parties' proposed case management plan, and setting forth respondent's position regarding discovery, respondent's request to stay discovery and request for entry of a briefing schedule with respect to respondent's anticipated motion to dismiss by Derek Edge (Attachments: # 1 (Proposed Case Management Plan)) (Cho, James) (Entered: 04/10/2020)

1 (Proposed Case Management Plan)

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NOTICE of Appearance by Paulina Stamatelos on behalf of Derek Edge (aty to be noticed) (Stamatelos, Paulina) (Entered: 04/10/2020)

ORDER: Petitioners may respond to 37 respondent's letter motion concerning discovery by 4/11/2020 at 5 p.m. Ordered by Judge Rachel P. Kovner on 4/10/2020. (Kovner, Rachel)

Order(Other)

ORDER: A telephone conference is scheduled in this case for 4/13/20 at 3 p.m. While reserving judgment on respondent's motion to stay, the Court (1) directs petitioners to promptly file on ECF the discovery demands that they served on 4/10/20; (2) authorizes petitioners to serve their Rule 30(b)(6) notice of deposition on 4/12/20 as proposed; (3) directs petitioners to file the Rule 30(b)(6) notice on ECF once served; and (4) directs respondent to be prepared to discuss during the teleconference any objections to petitioners' discovery demands, including objections based on burdensomeness. The parties are directed to call (888) 278-0296 and type in the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 4/11/20. (Kovner, Rachel)

Scheduling Order

Letter Response to Government's 4/10/20 Letter-Motion by Hassan Chunn, Derek Edge, Ayman Rabadi, Justin Rodriguez (Attachments: # 1 Exhibit Ex. A and B) (Rosenfeld, Katherine) (Entered: 04/11/2020)

1 Exhibit Ex. A and B

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Order(Other)

ELECTRONIC ORDER re 39 Letter filed by Ayman Rabadi, Derek Edge, Hassan Chunn, Justin Rodriguez. Petitioners neglected to attach Exhibits A (notice of site inspection) and B (Dr. Venters' CV) to their April 11th letter (DE #39). They are directed to promptly cure that omission. Ordered by Magistrate Judge Roanne L. Mann on 4/12/2020. (Proujansky, Josh)

Letter Providing Exhibits A and B to Letter at Dkt. 39 by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Rosenfeld, Katherine) (Entered: 04/12/2020)

Letter Enclosing Notice of 30(b)(6) Deposition by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Rosenfeld, Katherine) (Entered: 04/12/2020)

Letter in response to petitioners' discovery demands and pursuant to the Court's April 11, 2020 Order by Derek Edge (Cho, James) (Entered: 04/13/2020)

Minute entry for telephonic conference before Judge Rachel P. Kovner and Judge Roanne L. Mann on 4/13/2020. Katherine Rosenfeld and Betsy Ginsberg appeared for petitioners. James Cho, Seth Eichenholtz, and Joseph Marutollo appeared for respondent. Holly Pratesi and Darrin Howard joined the call on behalf of the Bureau of Prisons (BOP). Deirdre von Dornum joined the call on behalf of the Federal Defenders. Lisa Olson joined the call on behalf of the Department of Justice. The parties discussed their proposals for discovery. The Court took the proposals and objections under advisement. Ordered by Judge Rachel P. Kovner on 4/13/2020. (Court Reporter Sophia Nolan) (Hershey, Kennet)

ORDER: The Court has considered the parties' proposals and objections regarding discovery. The parties are directed to adhere to the schedule for expedited discovery and preliminary injunction briefing set out in the attached order. Ordered by Judge Rachel P. Kovner on 4/14/2020. (Liss, Jeremy) (Entered: 04/14/2020)

Letter Supplementing Petitioners' Letter Request dated 4/11/2020 by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Attachments: # 1 Exhibit A - Consent Order Appointing Amicus, # 2 Exhibit B - Administrative Order 2019-03) (Rosenfeld, Katherine) (Entered: 04/14/2020)

1 Exhibit A - Consent Order Appointing Amicus

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2 Exhibit B - Administrative Order 2019-03

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ORDER: The Court considered the parties' proposals and objections regarding a site inspection and concludes that the petitioners should be permitted to perform an inspection. As further detailed in the attached order, the parties are directed to advise the Court on April 16, 2020, whether they have reached an agreement on the parameters of an inspection. If areas of disagreement remain, the parties shall explain their positions on the disputed issues. Ordered by Judge Rachel P. Kovner on 4/15/2020. (Hershey, Kenneth) (Entered: 04/15/2020)

Letter Enclosing Joint Proposed Stipulation and Protective Order by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Attachments: # 1 Joint Proposed Stipulation and Protective Order) (Rosenfeld, Katherine) (Entered: 04/15/2020)

1 Joint Proposed Stipulation and Protective Order

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Letter pursuant to the Court's April 14, 2020 discovery order and responsive documents by Derek Edge (Attachments: # 1 (Declaration of Lieutenant Commander D. Jordan, RN/BSN), # 2 (Responsive Documents Bates numbered BOP 1-203)) (Cho, James) (Entered: 04/15/2020)

1 (Declaration of Lieutenant Commander D. Jordan, RN/BSN)

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2 (Responsive Documents Bates numbered BOP 1-203)

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ORDER: The Court approves and so orders the parties' joint proposed stipulation and protective order (Dkt. No. 46 ), with the following clarifications: (1) Paragraph 6: The Court and court personnel are not required by this paragraph to sign Exhibit A; and (2) Paragraph 9: This paragraph does not apply to the Court's copies of Confidential Material. Ordered by Judge Rachel P. Kovner on 4/15/2020. (Hershey, Kenneth)

ORDER: Respondent has submitted 47 a letter seeking an extension of certain discovery deadlines. The letter does not state whether petitioners consent and, if not, the reasons given for refusing consent. See Individual Rule of Practice I.F.1. Respondent is requested to promptly advise the Court of his adversary's position on the proposed extension. The Court defers decision until that information is received. Ordered by Judge Rachel P. Kovner on 4/15/2020. (Kovner, Rachel)

Letter in response to the Court's April 15 order by Derek Edge (Marutollo, Joseph) (Entered: 04/15/2020)

Order(Other)

ORDER: The Court adopts the briefing schedule for respondent's anticipated motion to dismiss as set forth in the letter at Docket No. 37 . Respondent shall file his motion to dismiss by April 24, 2020. Petitioners shall file their opposition by May 8, 2020. Respondent shall file his reply, if any, by May 15, 2020. Ordered by Judge Rachel P. Kovner on 4/16/2020 (Hershey, Kenneth)

Letter respectfully informing the Court of Petitioners' consent with respect to yesterday's requests by Derek Edge (Marutollo, Joseph) (Entered: 04/16/2020)

ORDER: Respondent's 47 request for a three-business day extension of certain discovery deadlines is granted. Respondent may (1) provide any supplement to his response regarding soap purchases and deliveries and (2) provide further information regarding petitioners' request for production of sick-call requests by April 20, 2020. Ordered by Judge Rachel P. Kovner on 4/16/2020. (Hershey, Kenneth)

STATUS REPORT (Parameters for Inspection of the Metropolitan Detention Center, Brooklyn) by Derek Edge (Cho, James) (Entered: 04/16/2020)

SCHEDULING ORDER: The parties may file letters describing their positions on the parameters of an inspection of the Metropolitan Detention Center (MDC) by 10 AM on 4/17/2020 if they wish. A phone conference is scheduled for 4/17/2020 at 1 PM. The parties are directed to call (888) 278-0296 and type in the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 4/16/2020. (Kovner, Rachel)

Letter in support of respondent's proposed inspection parameters by Derek Edge (Cho, James) (Entered: 04/17/2020)

Scheduling Order

Letter Regarding Rule 34 Inspection Parameters by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Rosenfeld, Katherine) (Entered: 04/17/2020)

Minute entry and order for teleconference held before Judge Rachel P. Kovner and Judge Roanne L. Mann on 4/17/2020. Katherine Rosenfeld, Betsy Ginsberg, and Alexander Reinert appeared on behalf of petitioners. James Cho, Seth Eichenholtz, Joseph Marutollo, and Paulina Stamatelos appeared on behalf of respondent. Lisa Olson joined the call on behalf of the Department of Justice. Darrin Howard joined the call on behalf of the Bureau of Prisons. The parties discussed their positions on the parameters of an inspection of the Metropolitan Detention Center by petitioners' expert, Dr. Homer Venters. The inspection will take place on April 23, 2020, from 9 a.m. to 12 p.m. The inspection will include (i) one housing unit not under quarantine or isolation; (ii) the intake unit; (iii) one quarantine unit; (iv) K84 or another appropriate isolation unit as determined by the parties; (v) the Special Housing Unit; and (vi) the Health Services Offices and Exam Rooms. For petitioners, the inspection is limited to Dr. Venters, one attorney from petitioners' legal team, and Deirdre von Dornum of the Federal Defenders. The parties will resolve amongst themselves whether the inspection team will be permitted to use hand sanitizer during the inspection. The Court also took the parties' alternative proposals for Dr. Venters to speak with inmates during the inspection under advisement. Ordered by Judge Rachel P. Kovner on 4/17/2020. (Court Reporter Sophie Nolan.) (Yaffe, Leah)

ORDER: The Court considered the parties' proposals for petitioners' expert, Dr. Homer Venters, to speak with inmates during the inspection of the Metropolitan Detention Center on April 23, 2020. As further detailed in the attached order, Mr. Venters shall be permitted cell-front access to inmates for brief conversations, subject to the inmates' willingness to speak with Dr. Venters. Ordered by Judge Rachel P. Kovner on 4/17/2020. (Yaffe, Leah) (Entered: 04/17/2020)

Letter MOTION to Quash the Deposition Subpoena of Dr. Venters by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez. (Attachments: # 1 Exhibit A - Respondent's First Set of Interrogatories, # 2 Exhibit B - Respondent's Request for Documents, # 3 Exhibit C - Respondent's Notices of Depositions for Petitioners Rabadi and Rodriguez, # 4 Exhibit D - Respondent's Notice of Deposition of Dr. Venters) (Rosenfeld, Katherine) (Entered: 04/20/2020)

1 Exhibit A - Respondent's First Set of Interrogatories

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2 Exhibit B - Respondent's Request for Documents

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3 Exhibit C - Respondent's Notices of Depositions for Petitioners Rabadi and

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4 Exhibit D - Respondent's Notice of Deposition of Dr. Venters

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ORDER: Respondent is directed to respond by 4/22/20 to 54 Letter MOTION to Quash the Deposition Subpoena of Dr. Venters filed by Ayman Rabadi, Hassan Chunn, Justin Rodriguez, Nehemiah McBride. Ordered by Judge Rachel P. Kovner on 4/20/2020. (Kovner, Rachel)

STATUS REPORT in connection with the Court's April 16, 2020 Order and Respondent's discovery responses by Derek Edge (Cho, James) (Entered: 04/20/2020)

Order(Other)

Order

Consent MOTION for Leave to File Excess Pages ; Motion for Extension of Page Limit by Derek Edge. (Stamatelos, Paulina) (Entered: 04/22/2020)

ORDER: The parties' 56 consent motion for leave to file excess pages is granted. The parties shall adhere to the page limits set forth in their motion. Ordered by Judge Rachel P. Kovner on 4/22/2020. (Hershey, Kenneth)

RESPONSE in Opposition re 54 Letter MOTION to Quash the Deposition Subpoena of Dr. Venters and motion to compel deposition of Petitioners' expert, Dr. Homer Venters filed by Derek Edge. (Cho, James) (Entered: 04/22/2020)

Order(Other)

ORDER REFERRING MOTION: Petitioners' 54 letter motion to quash the deposition subpoena of Dr. Venters is respectfully referred to Magistrate Judge Mann. Ordered by Judge Rachel P. Kovner on 4/23/2020. (Hershey, Kenneth)

MOTION for Extension of Time to File Respondent's Motion to Dismiss by Derek Edge. (Stamatelos, Paulina) (Entered: 04/23/2020)

Minute Entry for Discovery Hearing held before Magistrate Judge Roanne L. Mann on 4/23/2020. The parties call with an emergency application concerning today's site inspection of the MDC. The Court resolves the dispute on the record, ruling that petitioners' expert, Dr. Venters, is to take the lead in the questioning of inmates, but that petitioners' counsel, while observing social distancing, may sparingly ask clarifying questions, and Ms. von Dornum may act as interpreter for Spanish-speaking inmates. See attached. (Proujansky, Josh) (Entered: 04/23/2020)

Amended PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-12714502, filed by Justin Rodriguez, Hassan Chunn, Ayman Rabadi, Nehemiah McBride, Elodia Lopez, James Hair. (Attachments: # 1 Exhibit 1 - Declaration of Deirdre D. von Dornum with Exhibits, # 2 Exhibit 2 - Declaration of Jonathan Giftos, M.D.) (Rosenfeld, Katherine) (Entered: 04/23/2020)

1 Exhibit 1 - Declaration of Deirdre D. von Dornum with Exhibits

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2 Exhibit 2 - Declaration of Jonathan Giftos, M.D.

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ELECTRONIC SCHEDULING ORDER re 54 Letter MOTION to Quash the Deposition Subpoena of Dr. Venters filed by petitioners. A Telephone Conference before Magistrate Judge Roanne L. Mann is set for Saturday, April 25, 2020, at 11:00 AM. The parties are instructed to contact the Court using the following conference line and dial-in information: toll free number 1-877-336-1839; access code 6672833. Ordered by Magistrate Judge Roanne L. Mann on 4/23/2020. (Proujansky, Josh)

RESPONSE to Motion re 58 MOTION for Extension of Time to File Respondent's Motion to Dismiss filed by Hassan Chunn, James Hair, Elodia Lopez, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez. (Attachments: # 1 Red-lined Version of the Amended Petition) (Rosenfeld, Katherine) (Entered: 04/23/2020)

1 Red-lined Version of the Amended Petition

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ORDER: Respondent's 58 request to extend the deadline for his motion to dismiss until 4/28/20 is granted. It is not evident whether respondent will need that extra time given the modest changes in the amended petition, which was filed after respondent's extension request was submitted. If respondent avails himself of the extension, petitioners may have a corresponding two-day extension, to 5/12/20, for their response. Ordered by Judge Rachel P. Kovner on 4/23/2020. (Hershey, Kenneth)