24
|
Proof of Service filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
23
|
DECLARATION of My Khanh Ngo in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Exhibits A-J)(Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
22
|
DECLARATION Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
21
|
DECLARATION of Dora Schriro in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
20
|
DECLARATION of Todd William Schneberk in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
19
|
DECLARATION of Robert B. Greifinger in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
18
|
DECLARATION of Jonathan Luis Golob in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
17
|
DECLARATION of Sarah Zelcer in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
16
|
DECLARATION of Munmeeth Kaur Soni in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
15
|
DECLARATION of Yolanda Martin in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
14
|
DECLARATION of Margaret Hellerstein in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
13
|
DECLARATION of Jose Luis Garcia in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
12
|
DECLARATION of Carlo Brooks in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
11
|
Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto filed by Plaintiffs-Petitioners Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Memorandum, # 2 Attachments A-C, # 3 Proposed Order to Show Cause, # 4 Proposed Order Granting TRO) (Attorney Jessica Karp Bansal added to party Martin Vargas Arellano(pty:pla)) (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
10
|
NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): A temporary restraining order (TRO) flag was indicated, but no TRO document was filed.. (esa) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
9
|
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Omar Jadwat. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
8
|
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael Tan. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
7
|
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Eunice H. Cho. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
6
|
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David Fathi. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
5
|
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Terry J. Hatter, Jr and referred to Magistrate Judge Gail J. Standish, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (esa) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
4
|
NOTICE of Related Case(s) filed by Plaintiffs-Petitioners Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Related Case(s): 5:20-cv-00590-TJH; 5:20-cv-00605-TJH; 5:20-cv-00617-TJH; 5:20-cv-00625-TJH; 5:20-cv-00626-TJH (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
3
|
NOTICE of Interested Parties filed by Plaintiffs-Petitioners All Plaintiffs, identifying Jose Robles Rodriguez, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Martin Vargas Arellano, Chad F. Wolf, Matthew T. Albence, David Marin, James Janecka. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
2
|
CIVIL COVER SHEET filed by Plaintiffs Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
1
|
COMPLAINT Receipt No: ACACDC-25902285 - Fee: $400, filed by Plaintiffs-Petitioners Jose Hernandez Velasquez, Charleston Edward Dacoff, Luis Lopez Salgado, Jose Robles Rodriguez, Paola Rayon Vite. (Attorney Jessica Karp Bansal added to party Charleston Edward Dacoff(pty:pla), Attorney Jessica Karp Bansal added to party Jose Hernandez Velasquez(pty:pla), Attorney Jessica Karp Bansal added to party Luis Lopez Salgado(pty:pla), Attorney Jessica Karp Bansal added to party Paola Rayon Vite(pty:pla), Attorney Jessica Karp Bansal added to party Jose Robles Rodriguez(pty:pla))(Bansal, Jessica) (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
29
|
REPLY in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Declaration of Sarah Zelcer, # 2 Declaration of Margaret Hellerstein, # 3 Declaration of Robert B. Greifinger, MD)(Bansal, Jessica) (Entered: 04/01/2020)
|
March 31, 2020
|
March 31, 2020
PACER
|
28
|
MEMORANDUM in Opposition to Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Defendants Matthew T. Albence, James Janecka, David Marin, U.S. Immigrations and Customs Enforcement;, Chad F. Wolf. (Attachments: # 1 Declaration of Gabriel Valdez, # 2 Declaration of Rosa Quevedo, # 3 Declaration of Daniel Beck, # 4 Rodriguez evidentiary objections Decl. Brooks, # 5 Rodriguez evidentiary objections Decl. Garcia, # 6 Rodriguez evidentiary objections Decl. Hellerstein, # 7 Rodriguez evidentiary objections Decl. Martin, # 8 Rodriguez evidentiary objections Decl. Soni, # 9 Rodriguez evidentiary objections Decl. Zelcer, # 10 Rodriguez evidentiary objections Decl. Golob, # 11 Rodriguez evidentiary objections Decl. Greifinger, # 12 Rodriguez evidentiary objections Decl. Schneberk, # 13 Rodriguez evidentiary objections Decl. Schriro, # 14 Rodriguez evidentiary objections Decl. Lorenzen-Strait, # 15 Rodriguez evidentiary objections Decl. Ngo)(Burrelle, Hillary) (Entered: 03/31/2020)
|
March 31, 2020
|
March 31, 2020
PACER
|
27
|
MINUTE (IN CHAMBERS) -NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. Defendants are to file their opposition to the Temporary Restraining Order by no later than5pm on March 31, 2020. See order for further details. (shb) (Entered: 03/31/2020)
|
March 31, 2020
|
March 31, 2020
RECAP
|
26
|
Notice of Appearance or Withdrawal of Counsel: for attorney Hillary Morgan Burrelle counsel for Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf, U.S. Immigrations and Customs Enforcement;. Adding Hillary M. Burrelle as counsel of record for Federal defendants Chad F. Wolf, Acting Secretary, U.S. Dep't of Homeland Security; Matthew T. Albence, Deputy Director U.S. Immigration and Customs Enforcement; David Marin, Director of Los Angeles Field Office, ERO; U.S. Immigrations and Customs Enforcement; and James Janecka, Warden for the reason indicated in the G-123 Notice. Filed by Defendant Federal defendants Chad F. Wolf, Acting Secretary, U.S. Dep't of Homeland Security; Matthew T. Albence, Deputy Director U.S. Immigration and Customs Enforcement; David Marin, Director of Los Angeles Field Office, ERO; U.S. Immigrations and Customs Enforcement; and James Janecka, Warden. (Attorney Hillary Morgan Burrelle added to party Matthew T. Albence(pty:dft), Attorney Hillary Morgan Burrelle added to party James Janecka(pty:dft), Attorney Hillary Morgan Burrelle added to party David Marin(pty:dft), Attorney Hillary Morgan Burrelle added to party Chad F. Wolf(pty:dft), Attorney Hillary Morgan Burrelle added to party U.S. Immigrations and Customs Enforcement;(pty:dft))(Burrelle, Hillary) (Entered: 03/31/2020)
|
March 31, 2020
|
March 31, 2020
PACER
|
25
|
Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Beck counsel for Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Adding Daniel A. Beck as counsel of record for Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security; Matthew T. Albence, Deputy Director U.S. Immigration and Customs Enforcement; David Marin, Director of Los Angeles Field Office, ERO; U.S. Immigrations and Customs Enforcement; and James Janecka, Warden for the reason indicated in the G-123 Notice. Filed by Defendants Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security; Matthew T. Albence, Deputy Director U.S. Immigration and Customs Enforcement; David Marin, Director of Los Angeles Field Office, ERO; U.S. Immigrations and Customs Enforcement; and James Janecka, Warden. (Attorney Daniel A Beck added to party Matthew T. Albence(pty:dft), Attorney Daniel A Beck added to party James Janecka(pty:dft), Attorney Daniel A Beck added to party David Marin(pty:dft), Attorney Daniel A Beck added to party Chad F. Wolf(pty:dft))(Beck, Daniel) (Entered: 03/31/2020)
|
March 31, 2020
|
March 31, 2020
PACER
|
31
|
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 24 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Service Documents Service of Subsequent Document Filings Proof of Service (subsequent documents). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 04/01/2020)
|
April 1, 2020
|
April 1, 2020
PACER
|
30
|
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by Plaintiffs-Petitioners Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 04/01/2020)
|
April 1, 2020
|
April 1, 2020
PACER
|
40
|
DECLARATION of Jessica Karp Bansal re Declaration, 34, Minutes of In Chambers Order/Directive - no proceeding held,,, 33 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 04/02/2020)
|
April 2, 2020
|
April 2, 2020
PACER
|
39
|
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr.: IT IS ORDERED that the application for a temporary restraining order be, and hereby is GRANTED. IT IS FURTHER ORDERED that Respondents shall, by 5:00 p.m. on April 3, 2020, release Petitioner Paola Rayon Vite from custody pending further order of this Court. IT IS FURTHER ORDERED that Petitioner shall not violate any federal, state or local laws, or use or possess alcohol or illegal drugs after released from custody pursuant to this order. IT IS FURTHER ORDERED that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents response, if any, to this order to show cause shall be filed by Noon on April 9, 2020. Petitioner's reply, if any, to Respondent's response shall be filed by Noon on April 14, 2020. The matter will then stand submitted. (shb) (Entered: 04/02/2020)
|
April 2, 2020
|
April 2, 2020
RECAP
|
38
|
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr.: It is Ordered that the application for a temporary restraining order be, and hereby is, Granted. It is further Ordered that Respondents shall, by 5:00 p.m. on April 3, 2020, release Petitioner Salgado from custody pending further order of this Court, and subject to the following conditions of release: 1. Petitioner shall reside, and shelter in place, at the residence of his mother, Maria Elena Salgado. 2. Petitioner shall be transported from the Adelanto Detention Center directly to the Residence by his attorney, Jose Garcia; 3. Petitioner shall not leave the Residence, pending further order of the Court, except to obtain medical care; 4. Petitioner shall not violate any federal, state or local laws; 5. Petitioner shall not use or possess alcohol or illegal drugs; and 6. At the discretion of DHS and/or BICE, to enforce the above restrictions, Petitioners whereabouts may be monitored by telephonic and/or electronic and/or GPS monitoring and/or a location verification system and/or an automated identification system. IT IS FURTHER ORDERED that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents' response, if any, to this order to show cause shall be filed by Noon on April 9, 2020. Petitioner's reply, if any, to Respondents' response shall be filed by Noon on April 14, 2020. The matter will then be submitted. (shb) Modified on 4/6/2020 (shb). (Entered: 04/02/2020)
|
April 2, 2020
|
April 2, 2020
RECAP
|
37
|
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr: IT IS ORDERED that the application for a temporary restraining order be and hereby is GRANTED. IT IS FURTHER ORDERED that Respondents shall by 5:00 p.m. on April 3, 2020, release Petitioner Jose Robles Rodriguez from custody pending further order of this Court. IT IS FURTHER ORDERED that Petition shall not violate any federal, state or local laws, or use or possess alcohol or illegal drugs after released from custody pursuant to this order. IT IS FURTHER ORDERED that Respondents shall show cause, if they have any as to why the Court should not issue a preliminary injunction in this case. Respondent's response, if any, to this order to show cause shall be filed by Noon on April 9, 2020. Petitioner's reply, if any, to Respondents' response shall be filed by Noon on April 14, 2020. The matter will stand submitted. (shb) (Entered: 04/02/2020)
|
April 2, 2020
|
April 2, 2020
RECAP
|
36
|
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr.: It is Ordered that the application for a temporary restraining order be, and hereby is, Granted. It is further Ordered that Respondents shall, by 5:00 p.m. on April 3, 2020, release Petitioner Charleston Edward Dacoff from custody pending further order of this Court, and subject to the following conditions of release: 1. Petitioner shall reside, and shelter in place, at the residence of his wife, Pamela Dacoff; 2. Petitioner shall be transported from the Adelanto Detention Center directly to the Residence by his attorney, Carlo Brooks; 3. Petitioner shall not leave the Residence, pending further order of the Court, except to obtain medical care; 4. Petitioner shall not violate any federal, state or local laws; 5. Petitioner shall not use or possess alcohol or illegal drugs; and 6. At the discretion of DHS and/or BICE, to enforce the above restrictions, Petitioners whereabouts may be monitored by telephonic and/or electronic and/or GPS monitoring and/or a location verification system and/or anautomated identification system. IT IS FURTHER ORDERED that Respondent shall show cause, if they have any, as to why the court should not issue a preliminary injunction in this case. Respondents' response, if any, to this order to show cause shall be filed by Noon on April 9, 2020. Petitioner's reply, if any to Respondent's response shall be filed by Noon on April 14, 2020. the matter will then stand submitted. (shb) (Entered: 04/02/2020)
|
April 2, 2020
|
April 2, 2020
RECAP
|
35
|
ORDER by Judge Terry J. Hatter: It is Ordered that the application for a temporary restraining order be, and hereby is, Granted. It is further Ordered that Respondents shall, by 5:00 p.m. on April 3, 2020, release Petitioner Arellano from custody pending further order of this Court, and subject to the following conditions of release: 1. Petitioner shall reside, and shelter in place, at the Echo Park Community Center as arranged by Petitioners counsel. 2. Petitioners counsel shall arrange for Petitioners transportation from the Adelanto Detention Center to the Echo Park Community Center; 3. Petitioner shall not leave the Echo Park Community Center, pending further order of the Court, except to obtain food or medical care; 4. Petitioner shall not violate any federal, state or local laws; 5. Petitioner shall not use or possess illegal drugs; and 6. At the discretion of DHS and/or BICE, to enforce the above restrictions, Petitioners whereabouts may be monitored by telephonic and/or electronic and/or GPS monitoring and/or a location verification system and/or an automated identification system. It is further Ordered that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents response, if any, to this order to show cause shall be filed by Noon on April 9, 2020. Petitioners reply, if any, to Respondents response shall be filed by Noon on April 14, 2020. The matter will then stand submitted. (shb) Modified on 4/6/2020 (shb). (Entered: 04/02/2020)
|
April 2, 2020
|
April 2, 2020
RECAP
|
34
|
DECLARATION of Jessica Karp Bansal re Minutes of In Chambers Order/Directive - no proceeding held,,, 33 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 04/02/2020)
|
April 2, 2020
|
April 2, 2020
PACER
|
33
|
MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are notified that pursuant to the Judge's directive, Petitioner Rodriguez and Petitioner Dacoff, of their counsel, shall file, as soon as possible a supplemental declaration setting forth the name and address of Petitioner's wife. Petitioner Salgado, or his counel shall file, as soon as possible, a supplemental declaration setting forth the name and address of Petitioner's mother. Petitioner Vite, or her counsel, shall file, as soon as possible, a supplemental declaration setting forth the name and address of Petitioner's uncle, Ernesto Vite. After filing, a copy of the declaration shall be emailed to TJH_chambers@cacd.uscourts.gov. (shb) (Entered: 04/02/2020)
|
April 2, 2020
|
April 2, 2020
RECAP
|
32
|
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE, 11 by Judge Terry J. Hatter, Jr: IT IS ORDERED that the application for a temporary restraining order be, and hereby is GRANTED. IT IS FURTHER ORDERED that Respondents shall by 5:00 p.m. on April 2, 2020 release Petitioner Jose Hernadez Velazquez from custody pending order of this Court. IT IS FURTHER ORDERED that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents' response, if any to this order to show cause shall be filed by Noon on April 8, 2020. Petitioner's reply, if any, to Respondents' response shall be filed by Noon on April 13, 2020. The matter will then stand submitted. (shb) (Entered: 04/02/2020)
|
April 2, 2020
|
April 2, 2020
PACER
|
43
|
SEALED AMENDED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr, (shb) (Entered: 04/03/2020)
|
April 3, 2020
|
April 3, 2020
PACER
|
42
|
SEALED AMENDED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr, (shb) (Entered: 04/03/2020)
|
April 3, 2020
|
April 3, 2020
PACER
|
41
|
ORDER STAYING RELEASE by Judge Terry J. Hatter, Jr.: The Court has been advised by counsel for Petitioner Martin Vargas Arellano that there is no longer space available for Petitioner at the Echo Part Community Center. The court had issued an order requiring Petitioner's release by 5:00 p.m. today and ordering Petitioner to reside at the Echo Park Community Center. IT IS ORDERED that the Temporary Restraining Order ordering Petitioner's release be, and hereby is STAYED pending further order of this Court. IT IS FURTHER ORDERED that Petitioner shall not be released until the Court approves his new post-release plan. (shb) (Entered: 04/03/2020)
|
April 3, 2020
|
April 3, 2020
RECAP
|
44
|
60 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendants Matthew T. Albence, James Janecka, David Marin, U.S. Immigrations and Customs Enforcement;, Chad F. Wolf. (shb) (Entered: 04/06/2020)
|
April 6, 2020
|
April 6, 2020
PACER
|
45
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RESPONSE filed by Defendants Matthew T. Albence, James Janecka, David Marin, U.S. Immigrations and Customs Enforcement;, Chad F. Wolfto Order,,,,,,, Set/Reset Deadlines,,,,,, 35, Order,,,,,,, Set/Reset Deadlines,,,,,, 38, Order,,,, Set/Reset Deadlines,,, 37, Order,,,,,, 36, Order on Motion for Temporary Restraining Order,,, 32, Order,,,, Set/Reset Deadlines,,, 39 AS TO WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED (Attachments: # 1 Declaration of Gabriel Valdez, # 2 Declaration of Rosa Quevedo, # 3 Declaration of Daniel A. Beck, # 4 Evidentiary Objections Declaration Carlos Brooks, # 5 Evidentiary Objections Declaration Jose Garcia, # 6 Evidentiary Objections Declaration Margaret Hellerstein, # 7 Evidentiary Objections Declaration Yolanda Martin, # 8 Evidentiary Objections Declaration Munmeeth Kaur Soni, # 9 Evidentiary Objections Declaration Sarah Zelcer, # 10 Evidentiary Objections Declaration Jonathan Louis Golob, # 11 Evidentiary Objections Declaration Robert B. Greifinger, # 12 Evidentiary Objections Declaration William Schneberk, # 13 Evidentiary Objections Declaration Dora B. Schriro, # 14 Evidentiary Objections Declaration Andrew Lorenzen-Strait, # 15 Evidentiary Objections Declaration My Khanh Ngo, # 16 Evidentiary Objections Supplemental Declaration Robert B. Greifinger)(Burrelle, Hillary) (Entered: 04/08/2020)
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April 8, 2020
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April 8, 2020
PACER
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52
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MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, The parties shall file by 5:00 p.m. on April 16, 2020, proposed Findings of Fact and Conclusions of Law for the submitted OSC re: preliminary injunction. (shb) (Entered: 04/14/2020)
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April 13, 2020
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April 13, 2020
RECAP
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51
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MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Petitioners Charleston Edward Dacoff, Luis Lopez Salgado, Paola Rayon Vite and Martin Vargas Arrellano, all are hereby severed from this case and the Clerk's Office will assign a new civil case number for each individual and copy all of the documents from the original case to the new cases. The Court further orders that Petitioner Jose Hernandez Velasquez is hereby dismissed from this case ashe has a new case assigned to him already [ED CV 20-0652]. (shb) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
RECAP
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50
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REPLY filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez to Order,,,,,,, Set/Reset Deadlines,,,,,, 35, Order,,,,,,, Set/Reset Deadlines,,,,,, 38, Order,,,, Set/Reset Deadlines,,, 37, Order,,,,,, 36, Order on Motion for Temporary Restraining Order,,, 32, Order,,,, Set/Reset Deadlines,,, 39 / Reply in Support of Preliminary Injunction (Attachments: # 1 Declaration of Jose Robles Rodriguez, # 2 Declaration of Charleston Edward Dacoff, # 3 Declaration of Jose Hernandez Velasquez, # 4 Declaration of Luis Lopez Salgado, # 5 Declaration of Paola Rayon Vite)(Barnett, Amanda) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
PACER
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49
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MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Petitioners Charleston Edward Dacoff, Luis Lopez Salgado, Paola Rayon Vite and Martin Vargas Arrellano, all are hereby severed from this case and the Clerk's Office will assign a new civil case number for each individual and copy all of the documents from the original case to the new cases. The Court further orders that Petitioner Jose Hernandez Velasquez is hereby dismissed from this case ashe has a new case assigned to him already [ED CV 20-062]. (shb) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
PACER
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48
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Notice of Appearance or Withdrawal of Counsel: for attorney Amanda Barnett counsel for Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Adding Amanda Barnett as counsel of record for Jose Robles Rodriguez, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, and Martin Vargas Arellano for the reason indicated in the G-123 Notice. Filed by plaintiffs Jose Robles Rodriguez, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, and Martin Vargas Arellano. (Attorney Amanda Barnett added to party Martin Vargas Arellano(pty:pla), Attorney Amanda Barnett added to party Charleston Edward Dacoff(pty:pla), Attorney Amanda Barnett added to party Jose Hernandez Velasquez(pty:pla), Attorney Amanda Barnett added to party Luis Lopez Salgado(pty:pla), Attorney Amanda Barnett added to party Paola Rayon Vite(pty:pla), Attorney Amanda Barnett added to party Jose Robles Rodriguez(pty:pla))(Barnett, Amanda) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
PACER
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47
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NOTICE of Filing Supplemental Declaration of Margaret Hellerstein filed by Plaintiffs-Petitioners Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Supplemental Declaration of Margaret Hellerstein)(Bansal, Jessica) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
PACER
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46
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DECLARATION of Margaret Hellerstein in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
PACER
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57
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MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the parties shall file by 5:00 p.m. on April 26, 2020, proposed Findings of Fact and Conclusions of Law for the submitted OSC re preliminary injunction. (shb) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
RECAP
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56
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APPLICATION of Non-Resident Attorney Samir Deger-Sen to Appear Pro Hac Vice on behalf of Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26079533) filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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55
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APPLICATION of Non-Resident Attorney William M. Friedman to Appear Pro Hac Vice on behalf of Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26079453) filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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54
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MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Pursuant to Fed. R. Civ. P. 65(b)(2), the TRO will expire on April 16, 2020, the fourteenth day after the date of issuance, unless, for good cause, the Court extends it. The parties have filed their respective briefs in response to the Courts Order to Show Cause: re: Preliminary Injunction. The Court finds that good cause exists under Rule 65(b)(2)to extend the TRO for an additional 14days. The good cause is that the extension will allow the Court time to consider the significant constitutional issues raised in the parties briefs. The TRO will remain in effect until April 30, 2020. See order for further details. (shb) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
RECAP
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53
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Notice of Appearance or Withdrawal of Counsel: for attorney Jessie Alice Cammack counsel for Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Adding Jessie Alice Cammack as counsel of record for Jose Robles Rodriguez, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Martin Vargas Arellano for the reason indicated in the G-123 Notice. Filed by Plaintiffs Jose Robles Rodriguez, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Martin Vargas Arellano. (Attorney Jessie Alice Cammack added to party Martin Vargas Arellano(pty:pla), Attorney Jessie Alice Cammack added to party Charleston Edward Dacoff(pty:pla), Attorney Jessie Alice Cammack added to party Jose Hernandez Velasquez(pty:pla), Attorney Jessie Alice Cammack added to party Luis Lopez Salgado(pty:pla), Attorney Jessie Alice Cammack added to party Paola Rayon Vite(pty:pla), Attorney Jessie Alice Cammack added to party Jose Robles Rodriguez(pty:pla))(Cammack, Jessie) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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58
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DECLARATION of Margaret Hellerstein re Declaration (Motion related), 46 Second Supplemental Declaration filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 04/15/2020)
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April 15, 2020
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April 15, 2020
PACER
|
63
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NOTICE OF LODGING filed re Defendants' [Proposed] Findings of Fact and Conclusions of Law re Minutes of In Chambers Order/Directive - no proceeding held, 57 (Attachments: # 1 [Proposed] Findings of Fact and Conclusions of Law)(Burrelle, Hillary) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
PACER
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62
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NOTICE OF LODGING filed Petitioners' Proposed Finding of Facts and Conclusions of Law re Minutes of In Chambers Order/Directive - no proceeding held, 52, Minutes of In Chambers Order/Directive - no proceeding held, 57 (Attachments: # 1 Proposed Findings of Fact and Conclusions of Law)(Bansal, Jessica) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
PACER
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61
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ORDER by Judge Terry J. Hatter, Jr: Granting 56 Non-Resident Attorney Samit Deger-Sen APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, Jose Robles Rodriquez; Charleston Edward Dacoff; Jose Hernandez Velasquez; Luis Lopez Salgado; Paola Rayon Vite; Martin Vargas Arellano, designating Amanda Barnett as local counsel. (shb) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
PACER
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60
|
ORDER by Judge Terry J. Hatter, Jr: Granting 55 Non-Resident Attorney William M Friedman APPLICATION to Appear Pro Hac Vice on behalf of Jose Robles Rodriguez, Charleston Edward Dacoff; Jose Hernandez Velasquez Salgado; Paola Rayon Vite; Martin Vargas Arellano, designating Amanda Barnett as local counsel. (shb) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
PACER
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59
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NOTICE filed by Defendants Matthew T. Albence, James Janecka, David Marin, U.S. Immigrations and Customs Enforcement;, Chad F. Wolf. (Attachments: # 1 Declaration of Gabriel Valdez)(Burrelle, Hillary) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
PACER
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64
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STAY ORDER by Judge Terry J. Hatter, Jr., that, pursuant to the Preliminary Injunction issued in Roman, Petitioner shall remain released pending a final resolution of Roman or further order of the Court. Further Ordered that pending a final resolution of Roman, this case be, and hereby is, Stayed. (See document for further details). (jp) (Entered: 04/24/2020)
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April 24, 2020
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April 24, 2020
PACER
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65
|
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the order of dismissal as to Petitioner Jose Hernanez Velasquez in docket entry 51 is hereby vacated. Petitioner Jose Hernandez Velasquez is hereby ordered severed from this case and the Court will order the Clerk's Office to assign a new civil case number and copy all of the documents from the original case to the new assigned case. (shb) (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
PACER
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66
|
SCHEDULING ORDER by Judge Terry J. Hatter, Jr. The Court has considered the evidence and arguments presented in favor of and against Petitioners petition for a writ of habeas corpus. The Court will combine the evidentiary hearing on Petitioners petition for a writ of habeas corpus with a court trial on Petitioners claims for injunctive and declaratory relief. Each side will be allowed 8 hours to present their case. The time limit includes all aspects of the case, including opening statements, direct and cross examinations, arguments on objections, and closing arguments. In lieu of closing arguments, the parties may file closing briefs, of no more than 25 pages, no later than ten days after the conclusion of the evidentiary hearing and trial. The following dates are subject to change by the Court in response to the COVID-19 pandemic; at this time, it is unclear as to when the First Street Courthouse will re-open for evidentiary hearings and court trials for civil cases. Discovery cut-off 7/31/2020., Substantive Motion Filing Deadline by 8/10/2020., Motions in Limine Filing Deadline filed by 8/27/2020., Evidentiary Hearing and Court Trial set for 10/6/2020 at 10:00 a.m., Final Pretrial Conference set for 9/14/2020 at 10:00 a.m. While the Ninth Circuit has not yet reached the issue, it is clear to the Court that it has the inherent authority, at least in extraordinary cases, to release detainees on bail during the pendency of their habeas petitions. See order for further details. DOCKETED IN THIS CASE PER ATTACHMENT. (shb) (Entered: 06/01/2020)
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June 1, 2020
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June 1, 2020
PACER
|
67
|
Notice of Appearance or Withdrawal of Counsel: for attorney Michelle Y Cho counsel for Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Michelle Young Cho is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Jose Robles Rodriguez, et al.. (Cho, Michelle) (Entered: 02/05/2021)
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Feb. 5, 2021
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Feb. 5, 2021
PACER
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68
|
ORDER by Judge Terry J. Hatter, Jr: It is Ordered that the Separately Filed Cases, identified on the attached case list, be, and hereby are, Dismissed as moot. It is further Ordered that all Roman class members released pursuant to anorder issued in a Separately Filed Case and/or Roman, shall remain released subject to the terms and conditions previously ordered by the Court. Case Terminated. Made JS-6. (shb) (Entered: 07/14/2021)
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July 13, 2021
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July 13, 2021
RECAP
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