Case: Thakker v. Doll

1:20-cv-00480 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: March 24, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: Twelve particularly vulnerable immigration detainees filed this habeas petition and complaint on March 24, 2020. The Court granted release on March 31, holding that their ongoing detention was unlawfully punitive given the grave threat posed by congregate detention during the coronavirus pandemic. On April 17, the plaintiffs filed an amended complaint, seeking class certification for all civil immigrant detainees in the Middle District of PA over the age of 45 or with underlyi…

COVID-19 Summary: Twelve particularly vulnerable immigration detainees filed this habeas petition and complaint on March 24, 2020. The Court granted release on March 31, holding that their ongoing detention was unlawfully punitive given the grave threat posed by congregate detention during the coronavirus pandemic. On April 17, the plaintiffs filed an amended complaint, seeking class certification for all civil immigrant detainees in the Middle District of PA over the age of 45 or with underlying health conditions. On April 27, the court granted in part and denied in part the plaintiffs' motion for preliminary injunction, ruling that the plaintiffs who were detained at Pike County Correctional Facility could remain free, but those who were detained at York County Prison and at Clinton County Correctional Facility were to return to detention. Based on evidence of a plaintiff contracting COVID-19, the court granted in part plaintiffs' motion for reconsideration, allowing the plaintiffs who are sick to remain free but ordering those who are asymptomatic to return to detention. A motion for classwide preliminary injunction is currently pending before the court.


On March 24, 2020, twelve civil immigration detainees held by Immigration and Customs Enforcement (ICE) at York County Prison (YCF), Clinton County Correctional Facility (CCCF), and Pike County Correctional Facility (PCCF) -- who because of their age or underlying medical conditions were particularly susceptible to serious illness or death in the event of a COVID-19 infection -- filed this habeas petition and complaint in the United States District Court for the Middle District of Pennsylvania. Represented by the ACLU National Prison Project, ACLU Immigrants’ Rights Project, ACLU of Pennsylvania, and private counsel, the plaintiffs sued the warden of the above-named detention facilities, the acting directors of ICE and the U.S. Department of Homeland Security (DHS), and the director of ICE's Philadelphia Field Office. The plaintiffs alleged that the harm posed by continued detention in conditions insufficient to prevent the rapid transmission of COVID-19 violated their substantive due process rights under the Fifth Amendment. They sought a writ of habeas corpus ordering their immediate release or, in the alternative, injunctive relief ordering ICE to release them. The plaintiffs also sought attorney’s fees and cost and declaratory relief that "continued detention in civil immigration custody of individuals at increased risk for severe illness, including all people over ages forty-five and older and persons of any age with underlying medical conditions that may increase the risk of serious COVID-19, violates the Due Process Clause." The case was assigned to Judge John E. Jones.

This complaint was filed in response to the COVID-19 outbreak in the U.S., which caused the state of Pennsylvania to declare a state of emergency. The outbreak resulted in unprecedented public health measures emphasizing and enforcing social distancing throughout the area, including the closure of non-essential businesses and a stay-at-home order for Philadelphia and surrounding counties. However, immigration detention facilities are “congregate environments,” or places where people live and sleep in close proximity and, thus, cannot practice recommended social distancing and good hygiene measures. Given the crowding and lack of adequate medical infrastructure, if COVID-19 were introduced into the detention facilities it would spread easily. The spread of COVID-19 (for which there is no vaccine, known treatment, or cure) would be especially dangerous for detainees over the age of 45 or those with certain underlying health conditions such as lung, heart, and kidney disease--characteristics that the plaintiffs possess. The plaintiffs asserted that "there is growing recognition among courts and even prison systems that release from detention is the only way to protect vulnerable detainees from COVID-19."

The plaintiffs asserted that the Fifth Amendment guarantees that civil detainees, including immigrant detainees with criminal backgrounds, may not be subjected to conditions that amount to punishment. The plaintiffs claimed that continued detention in the face of a potential COVID-19 outbreak in the facilities amounts to punishment because it serves no legitimate purpose, is not "rationally related to the enforcement of immigration laws," and "because their conditions of confinement place them at serious risk of being infected with COVID- 19 and Defendants are being deliberately indifferent to this critical safety concern." The plaintiffs argued that ICE has the authority to exercise discretion in releasing vulnerable civil immigrant detainees like the plaintiffs and ensure adequate conditions for their release. Lastly, plaintiffs contended that the "only course of action that can remedy these unlawful conditions is release from the detention centers where risk mitigation is impossible."

On the same day, the plaintiffs filed a motion for a temporary restraining order (TRO) and/or a preliminary injunction (PI) to enjoin "Defendants from continuing to detain Plaintiffs in violation of their constitutional rights." The plaintiffs argued that they are likely to succeed on the merits of their constitutional claim, that they are likely to suffer irreparable harm in the absence of a TRO/PI, and that the public interest weighs heavily in favor of a TRO/PI.

On March 27, the plaintiffs filed a factual update, informing the court that two of the plaintiffs had been released from PCCF.

On March 29, the defendants filed a response and opposition to the plaintiffs' petition for writ of habeas corpus and motion for TRO and/or PI. The defendants claimed that the plaintiffs lack standing, as the "Petitioners have not alleged that COVID-19 has affirmatively spread to the Pike, York, or Clinton county facilities." The defendants further argued that a "petition for habeas relief seeking immediate release is inappropriate in the context of a conditions of confinement claim." Finally, the defendants asserted that a TRO/PI is inappropriate because the plaintiffs did not establish that they were likely to succeed on the merits of their constitutional claim and that they did not demonstrate irreparable harm.

On March 31, Judge James issued a memorandum and order granting the plaintiffs' motion for TRO and directing defendants to immediately release plaintiffs that same day. Judge Jones also ordered that by April 7, 2020, the defendants show cause why the TRO should not be converted into a PI. In finding that a TRO was appropriate, Judge James concluded that the plaintiffs had standing to bring their claims despite no confirmed cases of COVID-19 in the facilities; "'since '[a] remedy for unsafe conditions need not await a tragic event,' it is evident that the Petitioners have standing in this matter." Judge Jones further found that the plaintiffs had demonstrated irreparable injury, as they "have shown that adequate measures are not in place and cannot be taken to protect them from COVID-19 in the detention facilities, and that catastrophic results may ensue, both to Petitioners and to the communities surrounding the Facilities." Judge Jones held that the plaintiffs were likely to succeed on the merits of their due process claim; "[c]onsidering the Facility conditions previously discussed, we can see no rational relationship between a legitimate government objective and keeping Petitioners detained in unsanitary, tightly-packed environments—doing so would constitute a punishment to Petitioners."

On April 7, the defendants filed their response to the court's order to show cause. The defendants contended that a habeas petition was not appropriate in this case, as the plaintiffs challenged their conditions of confinement, not the validity of their confinement. The defendants also proclaimed that the evidence demonstrates that "the Government has taken steps to protect the Petitioners’ safety and the safety of other detainees from prevention, uncontrollable spread, diagnoses, and treatment of COVID-19." Lastly, the defendants asserted that the balance of equities and public interest favored denying injunctive relief because release is not appropriate due to the plaintiffs' criminal or immigration backgrounds.

On April 13, Judge Jones issued an order extending the TRO until April 27. Judge Jones stated that this extension was warranted given the worsening situation of the COVID-19 pandemic and to give "both parties ample opportunity to augment the record before us prior to our decision on the issuance of a preliminary injunction."

A few days later, on April 17, the plaintiffs filed an amended complaint, requesting that the Court "certify a class of noncitizens at elevated risk of suffering severe health consequences or dying if they contract COVID-19, and to issue expedited relief." The plainitffs' proposed class was defined as: "all noncitizens who are now, or will in the future be, detained in ICE custody in the Middle District of Pennsylvania, and who have been diagnosed with, or are receiving treatment for, a preexisting medical condition and/or are over the age of 45." The plaintiffs asserted that, upon information and belief, "there are dozens more who are detained at the three ICE facilities who fit the class definition. The class is also fluid as individuals are regularly brought into the facilities as detainees." The amended complaint also added 11 civil immigrant detainees, who because of their age or underlying health conditions are at a high risk of severe illness or death if they were to contract COVID-19, as plaintiffs.

On April 27, Judge Jones issued a memorandum and order granting in part and denying in part the plaintiffs' motion to convert the TRO to a preliminary injunction. The preliminary injunction required that three of the named plaintiffs from Pike County Correctional Facility (PCCF) remain released until the end of the COVID-19 State of Emergency in Pennsylvania or social distancing guidelines are lifted. Judge Jones declined to grant the preliminary injunction with regard to plaintiffs from CCCF and YCP and required that they "voluntarily surrender themselves to the institution from which they were released."

As an initial matter, Judge Jones concluded that the plaintiffs could challenge their conditions of confinement through habeas and that the plaintiffs had standing, despite no named plaintiffs having contracted COVID-19. Furthermore, Judge Jones held because the conditions of confinement varied across facilities, only the plaintiffs held at PCCF were likely to succeed on the merits of their due process claim. Judge Jones also found that conditions at YCP and CCCF "had been adequately improved such that the Petitioners previously housed therein were no longer at risk of irreparable harm resulting from COVID-19." As of the filing of that order, there had been only one confirmed case between YCP and CCCF. 2020 WL 2025384.

The next day, plaintiffs filed an emergency motion for stay and reconsideration. The plaintiffs presented evidence that one of the plaintiffs who had been ordered to return to detention had been in the hospital for weeks, likely due to contracting COVID-19. The plaintiffs argued that "the timing of events makes it nearly certain that he contracted the virus while at CCCF." The same day, Judge Jones granted in part and denied in part the plaintiffs' motion for reconsideration. Judge Jones vacated the April 27 order and permitted the continued release for two of the named plaintiffs based on the evidence that they had contracted COVID-19. Judge Jones ordered that those plaintiffs who are asymptomatic return to detention

Later that day, the plaintiffs filed a motion for an emergency stay in the Third Circuit (No. 20-01906) and, in the district court, an emergency motion to stay pending appeal. The plaintiffs argued that the district court had reached an erroneous decision, "based on an incomplete record, a misunderstanding of the science behind the disease, and legal errors." The plaintiffs further asserted that the facilities had not conducted an adequate amount of tests to conclude that it was safe to return the plaintiffs to detention.

The next day, a Third Circuit panel denied the plaintiffs' motion for an emergency stay. The panel did not provide an explanation for its decision.

On May 1, the plaintiffs filed a motion for classwide preliminary injunction. The defendant's filed a motion in opposition on May 22. The defendants filed a motion to dismiss or to strike on June 15, requesting the court dispose of the 6 individual claims brought based on Zadvydas v. Davis. The plaintiffs filed a motion in opposition to this motion on June 22. The Clearinghouse does not have access to these documents, or many of the following documents.

On June 29, Judge Jones granted the defendants' motion to dismiss the individual claims under Zadvydas, stating that the plaintiffs could separately file individual habeas actions under 28 U.S.C. § 2241.

On July 8, the plaintiffs filed an Emergency Motion for Preliminary Injunction Enjoining Transfers of individual plaintiffs and a corresponding Brief of Support. Defendants moved for a Protective Order on July 13, which was granted in part and denied in part.

On July 14, the court issued an Order Referring Motion, where the defendants agreed to provide prior notice to plaintiffs' counsel before the transfer of any named class representative or putative class member. The plaintiffs' Emergency Motion for Preliminary Injunction Enjoining Transfers was referred to Magistrate Judge Martin Carlson for any appropriate proceedings, if necessary.

On July 21, the plaintiffs filed an Emergency Motion for Order to Show Cause Why Defendants Should not be Held in Contempt of Court for Violating Order Regarding Transfers. The next day, the court ordered defendants to arrange for direct communication with plaintiffs' counsel within 24 hours regarding transfers without prior notice in violation of the July 14 order.

On July 29, the plaintiffs filed a Brief in Support of Classwide Preliminary Injunction and Class Certification.

On August 3, the defendants filed a Brief in Opposition to the plaintiffs' July 21 Emergency Motion for Order to Show Cause Why Defendants Should not be Held in Contempt of Court for Violating Order Regarding Transfers.

On August 4, the defendants filed a Reply Brief to the plaintiffs' July 8 Motion for Preliminary Injunction Enjoining Transfers.

As of October 7, 2020, this case is ongoing.

Summary Authors

Aaron Gurley (5/19/2020)

Caitlin Kierum (6/29/2020)

Mary Novakovic (10/7/2020)

Related Cases

Hope v. Doll, Middle District of Pennsylvania (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17014727/parties/thakker-v-doll/


Judge(s)

Carlson, Martin C. (Pennsylvania)

Jones, John E. III (Pennsylvania)

Attorneys(s) for Plaintiff

Byerley, David J (District of Columbia)

Cho, Eunice (District of Columbia)

Fathi, David Cyrus (District of Columbia)

Freed, David J. (Pennsylvania)

Graff, Carla G (Pennsylvania)

Jadwat, Omar C. (New York)

Jani, Navin (Texas)

Kang, Stephen B. (California)

Judge(s)

Carlson, Martin C. (Pennsylvania)

Jones, John E. III (Pennsylvania)

Attorneys(s) for Plaintiff

Byerley, David J (District of Columbia)

Cho, Eunice (District of Columbia)

Fathi, David Cyrus (District of Columbia)

Freed, David J. (Pennsylvania)

Graff, Carla G (Pennsylvania)

Jadwat, Omar C. (New York)

Jani, Navin (Texas)

Kang, Stephen B. (California)

Krellner, Kelly (Pennsylvania)

Miller, Thomas J (Pennsylvania)

Nyborg-Burch, Erika (Pennsylvania)

Sachse, Will W. (Pennsylvania)

Stine, Vanessa (Pennsylvania)

Talukder, Muneeba S (Pennsylvania)

Tan, Michael K. T. (New York)

Walczak, Witold J. (Pennsylvania)

Wang, Cecillia D (California)

Attorneys(s) for Defendant

Butler, Michael J. (Pennsylvania)

Freedman, David John (Virginia)

Gamburg, Robert M. (Pennsylvania)

Sanderson, Joanne M. (Pennsylvania)

Other Attorney(s)

Grogan, John J. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

June 29, 2020 Docket
1

Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief

March 24, 2020 Complaint
2

Exhibits by Bharatkumar G. Thaker

March 24, 2020 Other
7

Plainiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction

March 25, 2020 Pleading / Motion / Brief
12

Memorandum of Law in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction

March 25, 2020 Pleading / Motion / Brief
33

Re: Factual Updates in Thakker et al. v. Doll et al. (1:20-cv-00480-JEJ)

March 27, 2020 Correspondence
35

Respondents' Response and Opposition to Petition for Writ of Habeas Corpus and Motion for Temporary Restraining Order and or Preliminary Injunction

March 29, 2020 Pleading / Motion / Brief
46

Reply Brief in Further Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction

March 30, 2020 Pleading / Motion / Brief
47

Memorandum and Order

451 F.Supp.3d 358, 2020 WL 1671563

March 31, 2020 Order/Opinion
54

Respondents' Response to the Court's Order to Show Cause, Issued March 31, 2020 and Opposition to the Court's Temporary Restraining Order

April 7, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Thakker, et al. v. Doll, et al.

American Civil Liberties Union Pennsylvania

On March 24, 2020, the ACLU of Pennsylvania, the ACLU Immigrants Rights Project and National Prison Project, and the law firm Dechert LLP filed a federal civil rights lawsuit against Immigration and … March 24, 2020 https://www.aclupa.org/en/cases/thakker-et-al-v-doll-et-al#:~:text=Doll%2C%20et%20al.&text=ACLU%20Pennsylvania&text=The%20Pennsylvania%20Supreme%20Court%20ruled,marijuana%20patients%20violates%20the%20law.

Thakker, et al. v. Doll, et al.

American Civil Liberties Union

On March 24, 2020, the ACLU of Pennsylvania, the ACLU Immigrants Rights Project and National Prison Project, and the law firm Dechert LLP filed a federal civil rights lawsuit against Immigration and … April 28, 2020 https://www.aclupa.org/en/cases/thakker-et-al-v-doll-et-al

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17014727/thakker-v-doll/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Clair Doll ( Filing fee $400, Receipt Number 0314-5044519), filed by Bharatkumar G. Thaker. (Attachments: # 1 Civil Cover Sheet)(aaa) (Entered: 03/24/2020)

1 Civil Cover Sheet

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March 24, 2020 RECAP
2

EXHIBITS by Bharatkumar G. Thaker. (Attachments: # 1 1, # 2 2, # 3 3, # 4 4, # 5 5, # 6 6, # 7 7, # 8 8, # 9 9, # 10 10, # 11 11, # 12 12, # 13 13, # 14 14, # 15 15, # 16 16, # 17 17, # 18 18, # 19 19, # 20 20)(aaa) (Entered: 03/24/2020)

March 24, 2020 PACER
3

NOTICE of Appearance by Vanessa L. Stine on behalf of Bharatkumar G. Thaker (Stine, Vanessa) (Entered: 03/24/2020)

March 24, 2020 PACER
4

NOTICE of Appearance by Will W. Sachse on behalf of All Plaintiffs (Sachse, Will) (Entered: 03/24/2020)

March 24, 2020 PACER
5

NOTICE of Appearance by Thomas James Miller on behalf of All Plaintiffs (Miller, Thomas) (Entered: 03/24/2020)

March 24, 2020 PACER
6

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Muneeba S Talukder on behalf of All Plaintiffs Attorney Muneeba Talukder is seeking special admission. Filing fee $ 50, receipt number 0314-5044688.. (Talukder, Muneeba) (Entered: 03/24/2020)

March 24, 2020 PACER

Docket Annotation

March 25, 2020 PACER

DOCKET ANNOTATION: Petitioner, Muneeba Talukder, and Associate Counsel bar status verified. (pjr)

March 25, 2020 PACER
7

MOTION for Temporary Restraining Order and/or Preliminary Injunction by Bharatkumar G. Thaker. (Attachments: # 1 Proposed Order)(Walczak, Witold) (Entered: 03/25/2020)

March 25, 2020 PACER
8

Unopposed MOTION to Exceed Page Limitation on Memorandum of Law in Support of Motion for TRO and/or PI by Bharatkumar G. Thaker. (Attachments: # 1 Exhibit(s) Ex 1 [Proposed] Memorandum of Law in Support of Motion for TRO/PI, # 2 Proposed Order)(Walczak, Witold) (Entered: 03/25/2020)

March 25, 2020 PACER

DOCKET ANNOTATION: Counsel is advised to file the brief in support of Doc. 8 as a separate entry using the event: Civil Events Motions and Related Filings Responses and Replies (Briefs)- Brief in Support (Do not use for Summary Judgment Motions). (pjr)

March 25, 2020 PACER
9

ORDER granting 8 Motion for Leave to File Excess Pages (eo) (Entered: 03/25/2020)

March 25, 2020 PACER

DOCKET ANNOTATION: Counsel is advised to refile Doc. 10 - Document filed is a brief. (pjr)

March 25, 2020 PACER
10

Brief in Support of Temporary Restraining Order and/or Preliminary Injunction by Bharatkumar G. Thaker. (Attachments: # 1 Declaration of Witold Walczak re exhibits, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 Exhibit(s) 5, # 7 Exhibit(s) 6, # 8 Exhibit(s) 7, # 9 Exhibit(s) 8, # 10 Exhibit(s) 9, # 11 Exhibit(s) 10, # 12 Exhibit(s) 11)(Walczak, Witold) Modified on 3/26/2020 (aaa). (Entered: 03/25/2020)

1 Declaration of Witold Walczak re exhibits

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2 Exhibit(s) 1

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3 Exhibit(s) 2

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4 Exhibit(s) 3

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5 Exhibit(s) 4

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6 Exhibit(s) 5

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7 Exhibit(s) 6

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8 Exhibit(s) 7

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9 Exhibit(s) 8

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10 Exhibit(s) 9

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11 Exhibit(s) 10

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12 Exhibit(s) 11

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March 25, 2020 RECAP
11

SPECIAL ADMISSIONS FORM APPROVED as to Muneeba S. TalukderSigned by Honorable John E. Jones, III on 3/25/2020. (mfa) (Entered: 03/25/2020)

March 25, 2020 RECAP
12

BRIEF IN SUPPORT re 7 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Bharatkumar G. Thaker. (Attachments: # 1 Exhibit(s) Declaration of Witold Walczak, # 2 Exhibit(s) Ex. 1, # 3 Exhibit(s) Ex. 2, # 4 Exhibit(s) Ex. 3, # 5 Exhibit(s) Ex. 4, # 6 Exhibit(s) Ex. 5, # 7 Exhibit(s) Ex 6, # 8 Exhibit(s) Ex. 7, # 9 Exhibit(s) Ex. 8, # 10 Exhibit(s) Ex. 9, # 11 Exhibit(s) Ex. 10, # 12 Exhibit(s) Ex. 11)(Walczak, Witold) (Entered: 03/25/2020)

1 Exhibit(s) Declaration of Witold Walczak

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2 Exhibit(s) Ex. 1

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3 Exhibit(s) Ex. 2

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4 Exhibit(s) Ex. 3

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5 Exhibit(s) Ex. 4

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6 Exhibit(s) Ex. 5

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7 Exhibit(s) Ex 6

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8 Exhibit(s) Ex. 7

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9 Exhibit(s) Ex. 8

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10 Exhibit(s) Ex. 9

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11 Exhibit(s) Ex. 10

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12 Exhibit(s) Ex. 11

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March 25, 2020 PACER
13

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Carla G Graff on behalf of All Plaintiffs Attorney Carla G. Graff is seeking special admission. Filing fee $ 50, receipt number 0314-5045188.. (Graff, Carla) (Entered: 03/25/2020)

March 25, 2020 PACER
14

ORDER The Respondents-Defendants shall file a response to the Petitioners-Plaintiffs Motion for Temporary Restraining Order before the opening of business on Monday, March 30, 2020. (eo) (Entered: 03/25/2020)

March 25, 2020 PACER

DOCKET ANNOTATION: Petitioner, Carla Graff, and Associate Counsel bar status verified. (pjr)

March 25, 2020 PACER
15

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Erika Nyborg-Burch on behalf of All Plaintiffs Attorney Erika Nyborg-Burch is seeking special admission. Filing fee $ 50, receipt number 0314-5045786.. (Nyborg-Burch, Erika) (Entered: 03/25/2020)

March 25, 2020 PACER

DOCKET ANNOTATION: Petitioner, Erika Nyborg-burch, and Associate Counsel bar status verified. (pjr)

March 25, 2020 PACER
16

SPECIAL ADMISSIONS FORM APPROVED as to Carla G. Graff. Signed by Honorable John E. Jones, III on 03/25/20. (rw) (Entered: 03/25/2020)

March 25, 2020 RECAP
17

SPECIAL ADMISSIONS FORM APPROVED as to Erika Britt Nyborg-Burch. Signed by Honorable John E. Jones, III on 3/25/20. (rw) (Entered: 03/25/2020)

March 25, 2020 RECAP
18

NOTICE of Appearance by Vanessa L. Stine on behalf of All Plaintiffs (Stine, Vanessa) (Entered: 03/25/2020)

March 25, 2020 PACER
19

Unopposed MOTION to Exceed Page Limitation by Matthew Albence, Clair Doll, Simona Flores-Lund, Angela Hoover, Craig A. Lowe, Chad Wolf. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Sanderson, Joanne) (Entered: 03/25/2020)

March 25, 2020 PACER

Docket Annotation

March 26, 2020 PACER
20

ORDER granting 19 Motion for Leave to File Excess Pages (eo) (Entered: 03/26/2020)

March 26, 2020 PACER
21

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Muneeba S Talukder on behalf of All Plaintiffs Attorney Eunice Cho is seeking special admission. Filing fee $ 50, receipt number 0314-5046418.. (Talukder, Muneeba) (Entered: 03/26/2020)

March 26, 2020 PACER
22

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kelly A Krellner on behalf of All Plaintiffs Attorney Kelly Krellner is seeking special admission. Filing fee $ 50, receipt number 0314-5046587.. (Krellner, Kelly) (Entered: 03/26/2020)

March 26, 2020 PACER

DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa)

March 26, 2020 PACER
23

SPECIAL ADMISSIONS FORMS APPROVED as to Kelly Krellner and Eunice Cho (eo) (Entered: 03/26/2020)

March 26, 2020 PACER
24

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Vanessa L. Stine on behalf of All Plaintiffs Attorney Omar Jadwat is seeking special admission. Filing fee $ 50, receipt number 0314-5047033.. (Stine, Vanessa) (Entered: 03/26/2020)

March 26, 2020 PACER
25

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Vanessa L. Stine on behalf of All Plaintiffs Attorney Michael Tan is seeking special admission. Filing fee $ 50, receipt number 0314-5047034.. (Stine, Vanessa) (Entered: 03/26/2020)

March 26, 2020 PACER
26

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Muneeba S Talukder on behalf of All Plaintiffs Attorney David Fathi is seeking special admission. Filing fee $ 50, receipt number 0314-5047035.. (Talukder, Muneeba) (Entered: 03/26/2020)

March 26, 2020 PACER

Docket Annotation

March 27, 2020 PACER

DOCKET ANNOTATION: Petitioning attorneys and associate counsel's bar status verified. (aaa)

March 27, 2020 PACER
27

NOTICE by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Agus Prajoga, Henry Pratt, Courtney Stubbs, Bharatkumar G. Thaker of Supplemental Authorities Pursuant to Local Rule 7.36 (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s))(Miller, Thomas) (Entered: 03/27/2020)

March 27, 2020 PACER
28

NOTICE of Appearance by John J. Grogan on behalf of Amici Curiae Public Health and Human Rights Experts. (Grogan, John) (Entered: 03/27/2020)

March 27, 2020 PACER
29

MOTION for Leave to File Brief of Amici Curiae Public Health and Human Rights Experts by Amici Curiae Public Health and Human Rights Experts. (Attachments: # 1 Proposed Order, # 2 Certificate of Service, # 3 Brief of Amici Curiae)(Grogan, John) (Entered: 03/27/2020)

March 27, 2020 PACER
30

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by John J. Grogan on behalf of Amici Curiae Public Health and Human Rights Experts Attorney Susanna Buergel is seeking special admission. Filing fee $ 50, receipt number 0314-5048053.. (Grogan, John) (Entered: 03/27/2020)

March 27, 2020 PACER
31

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by John J. Grogan on behalf of Amici Curiae Public Health and Human Rights Experts Attorney Darren Johnson is seeking special admission. Filing fee $ 50, receipt number 0314-5048055.. (Grogan, John) (Entered: 03/27/2020)

March 27, 2020 PACER
32

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by John J. Grogan on behalf of Amici Curiae Public Health and Human Rights Experts Attorney David Kimball-Stanley is seeking special admission. Filing fee $ 50, receipt number 0314-5048058.. (Grogan, John) (Entered: 03/27/2020)

March 27, 2020 PACER
33

Letter from Petitioners' Counsel re: Factual Updates . (Attachments: # 1 Declaration, # 2 Exhibit(s) 21, # 3 Exhibit(s) 22, # 4 Exhibit(s) 23, # 5 Exhibit(s) 24, # 6 Exhibit(s) 25, # 7 Exhibit(s) 26, # 8 Exhibit(s) 27)(Stine, Vanessa) (Entered: 03/27/2020)

March 27, 2020 PACER
34

NOTICE by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Agus Prajoga, Henry Pratt, Courtney Stubbs, Bharatkumar G. Thaker Rule 7.36 Notice of Supplemental Authority (Attachments: # 1 Exhibit(s) Castillo v Barr)(Sachse, Will) (Entered: 03/28/2020)

March 28, 2020 PACER
35

BRIEF IN OPPOSITION re 7 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Matthew Albence, Clair Doll, Simona Flores-Lund, Angela Hoover, Craig A. Lowe, Chad Wolf. (Attachments: # 1 Exhibit(s))(Sanderson, Joanne) (Entered: 03/29/2020)

1 Exhibit(s)

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March 29, 2020 PACER
36

ORDER granting 29 Motion for Leave to File. Amici Curiae Public Health and Human Rights Experts are hereby granted leave to file their proposed Amicus Curiae brief and the Clerk is to enter such brief into the record of this proceeding. Signed by Honorable John E. Jones, III on 3/30/2020 (ve) (Entered: 03/30/2020)

March 30, 2020 PACER
37

BRIEF OF AMICI CURIAE PUBLIC HEALTH AND HUMAN RIGHTS EXPERTS filed by Amici Curiae Public Health and Human Rights Experts. (ve) (Entered: 03/30/2020)

March 30, 2020 PACER
38

SPECIAL ADMISSIONS FORM APPROVED as to Susanna Buergel Signed by Honorable John E. Jones, III on 3/30/2020. (mfa) (Entered: 03/30/2020)

March 30, 2020 PACER
39

SPECIAL ADMISSIONS FORM APPROVED as to Darren Johnson Signed by Honorable John E. Jones, III on 3/30/2020. (mfa) (Entered: 03/30/2020)

March 30, 2020 PACER
40

SPECIAL ADMISSIONS FORM APPROVED as to David Kimball-Stanley Signed by Honorable John E. Jones, III on 3/30/2020. (mfa) (Entered: 03/30/2020)

March 30, 2020 PACER
41

MOTION for Leave to File Reply Brief by COB Today by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Agus Prajoga, Henry Pratt, Courtney Stubbs, Bharatkumar G. Thaker. (Attachments: # 1 Proposed Order)(Walczak, Witold) (Entered: 03/30/2020)

1 Proposed Order

View on RECAP

March 30, 2020 RECAP
42

ORDER granting 41 Motion for Leave to File (eo) (Entered: 03/30/2020)

March 30, 2020 PACER
43

SPECIAL ADMISSIONS FORM APPROVED as to Omar C. Jadwat. Signed by Honorable John E. Jones, III on 3/30/20. Attorney Omar C. Jadwat added for Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin,Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Agus Prajoga, Henry Pratt, Courtney Stubbs, and Bharatkumar G. Thaker. (rw) (Entered: 03/30/2020)

March 30, 2020 PACER
44

SPECIAL ADMISSIONS FORM APPROVED as to Michael Tan. Signed by Honorable John E. Jones, III on 3/30/20. Attorney Michael Tan added for Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks,Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Agus Prajoga, Henry Pratt,Courtney Stubbs, and Bharatkumar G. Thaker. (rw) (Entered: 03/30/2020)

March 30, 2020 PACER
45

SPECIAL ADMISSIONS FORM APPROVED as to David Fathi. Signed by Honorable John E. Jones, III on 3/30/20. Attorney David C Fathi added for Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez,Jean Herdy Christy Augustin,Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Agus Prajoga,Henry Pratt, Courtney Stubbs,and Bharatkumar G. Thaker. (rw) (Entered: 03/30/2020)

March 30, 2020 PACER
46

REPLY BRIEF re 7 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Agus Prajoga, Henry Pratt, Courtney Stubbs, Bharatkumar G. Thaker. (Attachments: # 1 Declaration, # 2 Exhibit(s) Ex. 28, # 3 Exhibit(s) Ex. 29, # 4 Exhibit(s) Ex. 30, # 5 Exhibit(s) Ex. 31, # 6 Exhibit(s) Ex. 32, # 7 Exhibit(s) Ex. 33, # 8 Exhibit(s) Ex. 34)(Sachse, Will) (Entered: 03/30/2020)

March 30, 2020 PACER
47

ORDER 1. The Petitioners Motion for Temporary Restraining Order, (Doc. 7), is GRANTED.2. Respondents, and the York County Prison, Clinton County Correctional Facility and Pike County Correctional Facility SHALL IMMEDIATELY RELEASE the Petitioners TODAY on their own recognizance.3. This TRO will expire on April 13, 2020 at 5:00 p.m.4. No later than noon on April 7, 2020, the Respondents shall SHOW CAUSE why the TRO should not be converted into a preliminary injunction.5. The Petitioners may file a response before the opening of business on April 10, 2020. (eo) (eo). (Entered: 03/31/2020)

March 31, 2020 RECAP
48

Unopposed MOTION to Exceed Page Limitation by Matthew Albence, Clair Doll, Simona Flores-Lund, Angela Hoover, Craig A. Lowe, Chad Wolf. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Sanderson, Joanne) (Entered: 04/03/2020)

1 Certificate of Concurrence

View on RECAP

2 Proposed Order

View on RECAP

April 3, 2020 RECAP
49

ORDER granting 48 Motion for Leave to File Excess Pages (eo) (Entered: 04/06/2020)

April 6, 2020 PACER
50

MOTION to Intervene by Xiu Cheng zheng. (Attachments: # 1 Brief, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Proposed Order, # 5 Proposed Complaint, # 6 Certificate of Service)(Gamburg, Robert) (Entered: 04/06/2020)

April 6, 2020 PACER

DOCKET ANNOTATION: Counsel is advised to file the brief in support of Doc. 50 as a separate entry using the event: Civil Events Motions and Related Filings Responses and Replies (Briefs)- Brief in Support (Do not use for Summary Judgment Motions). (pjr)

April 7, 2020 PACER

Docket Annotation

April 7, 2020 PACER
51

BRIEF IN SUPPORT re 50 MOTION to Intervene filed by Xiu Cheng zheng.(Gamburg, Robert) (Entered: 04/07/2020)

April 7, 2020 PACER
52

AFFIDAVIT in Opposition re 50 MOTION to Intervene Certificate of Non Concurrence filed by Xiu Cheng zheng.(Gamburg, Robert) (Entered: 04/07/2020)

April 7, 2020 PACER

DOCKET ANNOTATION: Counsel is advised to refile Doc. 52. Document filed is only a Certificate of Concurrence/non-concurrence. (pjr)

April 7, 2020 PACER
53

ORDER denying 50 Motion to Intervene (eo) (Entered: 04/07/2020)

April 7, 2020 PACER
54

RESPONSE by Matthew Albence, Clair Doll, Simona Flores-Lund, Angela Hoover, Craig A. Lowe, Chad Wolf to 47 Order on Motion for TRO,, . (Attachments: # 1 Exhibit(s))(Sanderson, Joanne) (Entered: 04/07/2020)

1 Exhibit(s)

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April 7, 2020 PACER
55

MOTION for Extension of Time to File Brief and Leave to File an Overlength Brief filed by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Agus Prajoga, Henry Pratt, Courtney Stubbs, Bharatkumar G. Thaker. (Attachments: # 1 Proposed Order)(Stine, Vanessa) (Entered: 04/09/2020)

April 9, 2020 PACER
56

BRIEF IN OPPOSITION re 55 MOTION for Extension of Time to File Brief and Leave to File an Overlength Brief filed filed by Matthew Albence, Clair Doll, Simona Flores-Lund, Angela Hoover, Craig A. Lowe, Chad Wolf.(Sanderson, Joanne) (Entered: 04/09/2020)

April 9, 2020 PACER
57

ORDER granting 55 Motion for Extension of Time to File (eo) (Entered: 04/09/2020)

April 9, 2020 PACER
58

NOTICE by Matthew Albence, Clair Doll, Simona Flores-Lund, Angela Hoover, Craig A. Lowe, Chad Wolf of Supplemental Authority (Attachments: # 1 Verma Decision, # 2 Umbarbaev Decision)(Sanderson, Joanne) (Entered: 04/10/2020)

April 10, 2020 PACER
59

RESPONSE by Matthew Albence, Clair Doll, Simona Flores-Lund, Angela Hoover, Craig A. Lowe, Chad Wolf to Court's directive regarding conditions. (Sanderson, Joanne) (Entered: 04/13/2020)

April 13, 2020 PACER
60

ORDER Extending TRO. See order for details. (eo) (Entered: 04/13/2020)

April 13, 2020 PACER
61

BRIEF IN SUPPORT re 7 MOTION for Temporary Restraining Order and/or Preliminary Injunction, 55 MOTION for Extension of Time to File Brief and Leave to File an Overlength Brief filed, 10 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Agus Prajoga, Henry Pratt, Courtney Stubbs, Bharatkumar G. Thaker. (Attachments: # 1 Declaration, # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Unpublished Opinion(s))(Krellner, Kelly) (Entered: 04/16/2020)

April 16, 2020 PACER
62

AMENDED COMPLAINT against All Defendants, filed by Catalino Domingo Gomez Lopez, Henry Pratt, Bharatkumar G. Thaker, Rodolfo Agustin Juarez Juarez, Courtney Stubbs, Mayowa Abayomi Oyediran, Agus Prajoga, Meiling Lin, Mansyur, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Adebodun Adebomi Idowu, Dexter Anthony Hillocks. (Attachments: # 1 Exhibit(s) Ex. 35 (Dr. Amon 4-15-20))(Walczak, Witold) (Entered: 04/17/2020)

April 17, 2020 PACER
63

EXHIBIT S (CONFIDENTIAL) TO AMENDED CLASS ACTION COMPLAINT by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Agus Prajoga, Henry Pratt, Courtney Stubbs, Bharatkumar G. Thaker re 62 Amended Complaint,. (Attachments: # 1 Exhibit(s) Ex. 36 Ghaffar Decl., # 2 Exhibit(s) Ex. 37 Gumbs Navarra Decl., # 3 Exhibit(s) Ex. 38 T.S.N. Decl., # 4 Exhibit(s) Ex. 39 Augustin Yoc Decl., # 5 Exhibit(s) Ex. 40 Davis Decl., # 6 Exhibit(s) Ex. 41 Mohammed Decl,, # 7 Exhibit(s) Ex. 42 Goloverya Decl., # 8 Exhibit(s) Ex. 43 Zhuiko Decl., # 9 Exhibit(s) Ex. 44 Brown Decl., # 10 Exhibit(s) Ex. 45 D.F. Decl., # 11 Exhibit(s) Ex. 46 Sarimbi Decl., # 12 Exhibit(s) Ex. 47 PIRC Decl., # 13 Exhibit(s) Ex. 48 Pratt Supp. Decl.)(Walczak, Witold) (Entered: 04/17/2020)

April 17, 2020 PACER
64

MOTION to Certify Class and Appoint Class Counsel by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Agus Prajoga, Henry Pratt, Courtney Stubbs, Bharatkumar G. Thaker. (Attachments: # 1 Proposed Order)(Walczak, Witold) (Entered: 04/17/2020)

April 17, 2020 PACER

Docket Annotation

April 20, 2020 PACER
65

Consent MOTION to Proceed Pseudonymously by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Agus Prajoga, Henry Pratt, Courtney Stubbs, Bharatkumar G. Thaker. (Attachments: # 1 Proposed Order)(Walczak, Witold) (Entered: 04/20/2020)

April 20, 2020 PACER
66

MEMORANDUM OF LAW by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Catalino Domingo Gomez Lopez, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Agus Prajoga, Henry Pratt, Courtney Stubbs, Bharatkumar G. Thaker re 65 Consent MOTION to Proceed Pseudonymously . (Walczak, Witold) (Entered: 04/20/2020)

April 20, 2020 PACER

DOCKET ANNOTATION: Counsel is advised to file a proposed order and a certificate of concurrence/non-concurrence for Doc. 64. (pjr)

April 20, 2020 PACER
67

CERTIFICATE of Counsel re 64 MOTION to Certify Class and Appoint Class Counsel Non-concurrence by Respondents/Defendants by Witold J. Walczak on behalf of All Plaintiffs (Walczak, Witold) (Entered: 04/20/2020)

April 20, 2020 PACER
68

EXHIBIT Proposed Order re Class Certification by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Stephen Brown, D.F., Andrew Davis, Catalino Domingo Gomez Lopez, Fazal Ghaffar, Mikhail Viktorovich Goloverya, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Abdul Mohammed, Juan Antonio Gumbs Navarro, Agus Prajoga, Henry Pratt, Ajarhi Roberts, Courtney Stubbs, Bharatkumar G. Thakker, Robinson Augustin Yoc, Oleg Zhuiko re 64 MOTION to Certify Class and Appoint Class Counsel. (Walczak, Witold) (Entered: 04/20/2020)

April 20, 2020 PACER
70

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Vanessa L. Stine on behalf of All Plaintiffs Attorney Cecillia Wang is seeking special admission. Filing fee $ 50, receipt number 0314-5071322.. (Stine, Vanessa) (Entered: 04/20/2020)

April 20, 2020 PACER
71

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Vanessa L. Stine on behalf of All Plaintiffs Attorney Stephen Kang is seeking special admission. Filing fee $ 50, receipt number 0314-5071324.. (Stine, Vanessa) (Entered: 04/20/2020)

April 20, 2020 PACER

DOCKET ANNOTATION: Counsel is advised to file a certificate of service for Doc. 69. (pjr)

April 21, 2020 PACER

DOCKET ANNOTATION: Petitioners Cecillia Wang, Stephen Kang, and Associate Counsel bar status verified. (pjr)

April 21, 2020 PACER

Docket Annotation

April 21, 2020 PACER
72

ORDER 1.Plaintiffs D.F. and T.S.N. may proceed pseudonymously, using their initials;2.Plaintiffs shall be referred to by their initials on the docket, in all pleadingsand other documents related to this litigation, and in all proceedings heldbefore this Court; and3.Defendants are prohibited from disclosing to any third parties any personally-identifying information that could reveal the identity of Plaintiffs. (eo) (Entered: 04/21/2020)

April 21, 2020 RECAP
73

SPECIAL ADMISSIONS FORM APPROVED as to Cicellia Wang (eo) (Entered: 04/21/2020)

April 21, 2020 PACER
74

SPECIAL ADMISSIONS FORM APPROVED as to Stephen Kang (eo) (Entered: 04/21/2020)

April 21, 2020 PACER
75

NOTICE by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Stephen Brown, D.F., Andrew Davis, Catalino Domingo Gomez Lopez, Fazal Ghaffar, Mikhail Viktorovich Goloverya, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Abdul Mohammed, Juan Antonio Gumbs Navarro, Agus Prajoga, Henry Pratt, Ajarhi Roberts, Courtney Stubbs, Bharatkumar G. Thakker, Robinson Augustin Yoc, Oleg Zhuiko of Supplemental Authorities Pursuant to Local Rule 7.36 (Attachments: # 1 Exhibit(s) Supplemental Authorities)(Graff, Carla) (Entered: 04/21/2020)

April 21, 2020 PACER

DOCKET ANNOTATION: Doc. 69 deleted and refiled as Doc. 75. (pjr)

April 21, 2020 PACER
76

Letter from Counsel for Plaintiffs Regarding Factual Updates. (Attachments: # 1 Declaration, # 2 Exhibit(s) 49, # 3 Exhibit(s) 50, # 4 Exhibit(s) 51)(Stine, Vanessa) (Entered: 04/23/2020)

April 23, 2020 PACER
77

Unopposed MOTION to Exceed Page Limitation for Memorandum in Support of Plaintiffs Motion for Class Certification by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Stephen Brown, D.F., Andrew Davis, Catalino Domingo Gomez Lopez, Fazal Ghaffar, Mikhail Viktorovich Goloverya, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Abdul Mohammed, Juan Antonio Gumbs Navarro, Agus Prajoga, Henry Pratt, Ajarhi Roberts, Courtney Stubbs, Bharatkumar G. Thakker, Robinson Augustin Yoc, Oleg Zhuiko. (Attachments: # 1 Proposed Order)(Krellner, Kelly) (Entered: 04/23/2020)

April 23, 2020 PACER
78

BRIEF IN SUPPORT of Memorandum in Support of Motion for Class Certification and Appointment of Counsel re 77 Unopposed MOTION to Exceed Page Limitation for Memorandum in Support of Plaintiffs Motion for Class Certification, 64 MOTION to Certify Class and Appoint Class Counsel filed by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Stephen Brown, D.F., Andrew Davis, Catalino Domingo Gomez Lopez, Fazal Ghaffar, Mikhail Viktorovich Goloverya, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Abdul Mohammed, Juan Antonio Gumbs Navarro, Agus Prajoga, Henry Pratt, Ajarhi Roberts, Courtney Stubbs, Bharatkumar G. Thakker, Robinson Augustin Yoc, Oleg Zhuiko. (Attachments: # 1 Declaration Witold Walczak, # 2 Declaration Michael Tan, # 3 Unpublished Opinion(s))(Krellner, Kelly) (Entered: 04/23/2020)

April 23, 2020 PACER
79

ORDER granting 77 Motion for Leave to File Excess Pages (eo) (Entered: 04/24/2020)

April 24, 2020 PACER
80

NOTICE by Matthew Albence, Clair Doll, Simona Flores-Lund, Angela Hoover, Craig A. Lowe, Chad Wolf of Supplemental Authorties and Factual Updates (Attachments: # 1 Unpublished Opinion(s))(Sanderson, Joanne) (Entered: 04/24/2020)

April 24, 2020 PACER
81

NOTICE by Matthew Albence, Clair Doll, Simona Flores-Lund, Angela Hoover, Craig A. Lowe, Chad Wolf of Supplemental Authority (Attachments: # 1 Unpublished Opinion(s), # 2 Unpublished Opinion(s))(Sanderson, Joanne) (Entered: 04/24/2020)

April 24, 2020 PACER
82

MOTION to Strike 80 Notice and 80-1 as Improper and Untimely, or in the Alternative, Leave to Respond by Mayowa Abayomi Oyediran, Rodolfo Agustin Juarez Juarez, Stephen Brown, D.F., Andrew Davis, Catalino Domingo Gomez Lopez, Fazal Ghaffar, Mikhail Viktorovich Goloverya, Jean Herdy Christy Augustin, Rigoberto Gomez Hernandez, Dexter Anthony Hillocks, Adebodun Adebomi Idowu, Meiling Lin, Mansyur, Abdul Mohammed, Juan Antonio Gumbs Navarro, Agus Prajoga, Henry Pratt, Ajarhi Roberts, Courtney Stubbs, Bharatkumar G. Thakker, Robinson Augustin Yoc, Oleg Zhuiko. (Attachments: # 1 Proposed Order)(Stine, Vanessa) (Entered: 04/24/2020)

April 24, 2020 PACER

State / Territory: Pennsylvania

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: March 24, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Civil immigration detainees who, due to age or preexisting medical conditions, are at especially high risk for serious illness or death in the event of a COVID-19 infection

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Warden of Clinton County Correctional Facility (Clinton), Private Entity/Person

Warden of Pike County Correctional Facility (Pike), Private Entity/Person

Warden of York County Prison (York), Private Entity/Person

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process: Substantive Due Process

Suspension Clause

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Habeas Corpus

Over/Unlawful Detention

Sanitation / living conditions

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Release Denied

Release Granted

Release granted-group

Release granted-individual

Release-process created/modified

Release Requested

Type of Facility:

Government-run

Non-government for profit

Immigration/Border:

Detention - conditions