2020 WL 1952656

PETITION for Writ of Habeas Corpus and COMPLAINT by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26069838 for $5 filing fee, filed by plaintiffs Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez. (Attorney Amanda Barnett added to party Miguel Aguilar Estrada(pty:pla), Attorney Amanda Barnett added to party Beatriz Andrea Forero Chavez (pty:pla), Attorney Amanda Barnett added to party Kelvin Hernandez Roman(pty:pla))(Barnett, Amanda) Modified on 5/8/2020 (shb). (Entered: 04/13/2020)

CIVIL COVER SHEET filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 04/13/2020)

NOTICE of Related Case(s) filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. Related Case(s): 5:20-cv-00605-TJH; 5:20-cv-00590-TJH; 5:20-cv-00617-TJH; 5:20-cv-00625-TJH; 5:20-cv-00626-TJH; 5:20-cv-00627-TJH; 5:20-cv-00646-TJH; 5:20-cv-00650-TJH; 5:20-cv-00653-TJH; and 5:20-cv-00668-TJH (Barnett, Amanda) (Entered: 04/13/2020)

NOTICE of Interested Parties filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, identifying Kelvin Hernandez Roman; Miguel Aguilar Estrada; Beatriz Andrea Forero Chavez; Chad F. Wolf; Matthew T. Albence; David Marin; and James Janecka. (Barnett, Amanda) (Entered: 04/13/2020)

NOTICE OF MOTION AND MOTION to Certify Class / Notice of Motion and Motion for Provisional Class Certification filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Memorandum of Points and Authorities in Support, # 2 Declaration of Jessica K. Bansal, # 3 Proposed Order) (Barnett, Amanda) (Entered: 04/13/2020)

1 Memorandum of Points and Authorities in Support

View on RECAP

2 Declaration of Jessica K. Bansal

View on RECAP

3 Proposed Order

View on RECAP

EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Beatriz Andrea Forero Chavez filed by plaintiff Beatriz Andrea Forero Chavez. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order, # 3 Proposed Order to Show Cause) (Barnett, Amanda) (Entered: 04/13/2020)

1 Memorandum of Points and Authorities

View on RECAP

2 Proposed Order

View on RECAP

3 Proposed Order to Show Cause

View on RECAP

EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Kelvin Hernandez Roman filed by plaintiff Kelvin Hernandez Roman. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order, # 3 Proposed Order to Show Cause) (Barnett, Amanda) (Entered: 04/13/2020)

1 Memorandum of Points and Authorities

View on RECAP

2 Proposed Order

View on PACER

3 Proposed Order to Show Cause

View on RECAP

EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Miguel Aguilar Estrada filed by plaintiff Miguel Aguilar Estrada. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order, # 3 Proposed Order to Show Cause) (Barnett, Amanda) (Entered: 04/13/2020)

1 Memorandum of Points and Authorities

View on RECAP

2 Proposed Order

View on PACER

3 Proposed Order to Show Cause

View on RECAP

NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Robert B. Greifinger, MD, # 3 Declaration of Todd William Schneberk, MD, # 4 Declaration of Christina Avalos, # 5 Declaration of Ruth Calvillo, # 6 Declaration of Erika Roman, # 7 Declaration of Lesly Gaona, # 8 Declaration of Charleston Edward Dacoff, # 9 Declaration of Jose Antonio Hernandez Velasquez, # 10 Declaration of Luis Lopez Salgado, # 11 Declaration of Paola Rayon Vite, # 12 Declaration of Jose Neftali Robles Rodriguez, # 13 Declaration of Jessica Karp Bansal, # 14 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)

1 Memorandum of Points and Authorities

View on RECAP

2 Declaration of Robert B. Greifinger, MD

View on RECAP

3 Declaration of Todd William Schneberk, MD

View on RECAP

4 Declaration of Christina Avalos

View on RECAP

5 Declaration of Ruth Calvillo

View on RECAP

6 Declaration of Erika Roman

View on RECAP

7 Declaration of Lesly Gaona

View on RECAP

8 Declaration of Charleston Edward Dacoff

View on RECAP

9 Declaration of Jose Antonio Hernandez Velasquez

View on RECAP

10 Declaration of Luis Lopez Salgado

View on RECAP

11 Declaration of Paola Rayon Vite

View on RECAP

12 Declaration of Jose Neftali Robles Rodriguez

View on RECAP

13 Declaration of Jessica Karp Bansal

View on RECAP

14 Proposed Order

View on RECAP

EX PARTE APPLICATION to Expedite hearing on Emergency Motions for Provisional Class Certification and Class-wide Preliminary Injunction filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)

1 Proposed Order

View on PACER

PROOF OF SERVICE filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re EX PARTE APPLICATION to Expedite hearing on Emergency Motions for Provisional Class Certification and Class-wide Preliminary Injunction 10, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Kelvin Hernandez Roman 7, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Miguel Aguilar Estrada 8, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Beatriz Andrea Forero Chavez 6 served on 04/14/2020. (Barnett, Amanda) (Entered: 04/14/2020)

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 Pedro V. Castillo, 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. (car) (Entered: 04/14/2020)

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Samir Deger-Sen. 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. (car) (Entered: 04/14/2020)

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William M. Friedman. 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. (car) (Entered: 04/14/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Amanda Barnett counsel for Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. Adding Amanda Barnett as counsel of record for Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez for the reason indicated in the G-123 Notice. Filed by Petitioners Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez. (Barnett, Amanda) (Entered: 04/14/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Jessie Alice Cammack counsel for Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. Adding Jessie Alice Cammack as counsel of record for Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez for the reason indicated in the G-123 Notice. Filed by Petitioners Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez. (Cammack, Jessie) (Entered: 04/14/2020)

APPLICATION of Non-Resident Attorney William M. Friedman to Appear Pro Hac Vice on behalf of Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26079941) filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)

APPLICATION of Non-Resident Attorney Samir Deger-Sen to Appear Pro Hac Vice on behalf of Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26080030) filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)

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, Courtroom,No. 9B. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm, April 15, 2020. See order for further details. (shb) (Entered: 04/14/2020)

ORDER by Judge Terry J. Hatter, Jr: Granting 17 Non-Resident Attorney William M Friedman APPLICATION to Appear Pro Hac Vice on behalf of Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, designating Amanda Barnett as local counsel. (shb) (Entered: 04/14/2020)

ORDER by Judge Terry J. Hatter, Jr: Granting 18 Non-Resident Attorney Samir Deger-Sen APPLICATION to Appear Pro Hac Vice on behalf of Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, designating Amanda Barnett as local counsel. (shb) (Entered: 04/14/2020)

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, or counsel, shall file, as soon as possible, supplemental declarations setting forth the address of where each Petitioner would reside, with whom each Petitioner would reside, and how each Petitioner would be transported to each residence, if the Court grants the requested relief. After filing, a copy of the declarations shall be emailed to TJH_chambers@cacd.uscourts.gov. (shb) (Entered: 04/14/2020)

Joint STIPULATION to Expedite BRIEFING SCHEDULE ON EMERGENCY MOTIONS FOR PROVISIONAL CLASS CERTIFICATION AND CLASS-WIDE PRELIMINARY INJUNCTIVE RELIEF filed by Plaintiffs-Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order)(Bansal, Jessica) (Entered: 04/14/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Beck counsel for Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Adding Daniel A. Beck as counsel of record for Chad R. Wolf, Acting Secretary, U.S. Dep't of Homeland Security; Matthew T. Albence, Deputy Director and Senior Official Performing the Duties of the Director, U.S. ICE; David Marin, Director of Los Angeles Field Office, ERO; and James Janecka, in his official capacity as Warden for the reason indicated in the G-123 Notice. Filed by Respondents Chad R. Wolf, Acting Secretary, U.S. Dep't of Homeland Security; Matthew T. Albence, Deputy Director and Senior Official Performing the Duties of the Director, U.S. ICE; David Marin, Director of Los Angeles Field Office, ERO; and James Janecka, in his official capacity as Warden. (Attorney Daniel A Beck added to party Matthew T. Albence(pty:res), Attorney Daniel A Beck added to party James Janecka(pty:res), Attorney Daniel A Beck added to party David Marin(pty:res), Attorney Daniel A Beck added to party Chad F. Wolf(pty:res))(Beck, Daniel) (Entered: 04/14/2020)

ORDER by Judge Terry J. Hatter, Jr: The Court has considered the stipulation regarding Petitioners' ex parte application to expedite the hearing on Petitioners; motion for provisional class certification and a class-wide preliminary injunction. IT IS ORDERED that Respondents' opposition papers, if any, shall be filed by 2:00 p.m. on April 18, 2020, and Petitioners' reply papers, if any shall be filed by 9:00 p.m. on April 20, 2020; the motions will then stand submitted without arguments. IT IS FURTHER ORDERED that the parties shall file proposed Findings of Fact and Conclusions of Law for the class-wide preliminary injunction by Noon on April 21, 2020. (shb) (Entered: 04/15/2020)

DECLARATION of Jessica Karp Bansal re Minutes of In Chambers Order/Directive - no proceeding held,, 22 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Bansal, Jessica) (Entered: 04/15/2020)

OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Kelvin Hernandez Roman 7 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration of Rogelio Torres, # 2 Declaration of Gabriel Valdez, # 3 Declaration of Daniel A. Beck)(Attorney Hillary Morgan Burrelle added to party Matthew T. Albence(pty:res), Attorney Hillary Morgan Burrelle added to party James Janecka(pty:res), Attorney Hillary Morgan Burrelle added to party David Marin(pty:res), Attorney Hillary Morgan Burrelle added to party Chad F. Wolf(pty:res))(Burrelle, Hillary) (Entered: 04/15/2020)

OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Miguel Aguilar Estrada 8 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration of Gil O. Montes, # 2 Declaration of Gabriel Valdez, # 3 Declaration of Daniel A. Beck)(Burrelle, Hillary) (Entered: 04/15/2020)

OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Beatriz Andrea Forero Chavez 6 Declaration of Yestin Cuesta, Declaration of Gabriel Valdez, and Declaration of Daniel A. Beck filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration of Yestin Cuesta, # 2 Declaration of Gabriel Valdez, # 3 Declaration of Daniel A. Beck)(Beck, Daniel) (Entered: 04/15/2020)

REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Miguel Aguilar Estrada 8 filed by Petitioner Miguel Aguilar Estrada. (Bansal, Jessica) (Entered: 04/15/2020)

REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Kelvin Hernandez Roman 7 filed by Petitioner Kelvin Hernandez Roman. (Bansal, Jessica) (Entered: 04/15/2020)

REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Beatriz Andrea Forero Chavez 6 filed by Petitioner Beatriz Andrea Forero Chavez. (Bansal, Jessica) (Entered: 04/15/2020)

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 17, 2020, release Petitioner Beatriz Andrea Forero Chavez from custody pending further order of this Court. It is further Ordered that Petitioner shall not violate any federal, state or local laws 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 24, 2020. Petitioners reply, if any, to Respondents response shall be filed by Noon on April 29, 2020. The matter will then stand submitted. (shb) (Entered: 04/16/2020)

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. Based on the incorporated factual and legal grounds, and the facts and arguments presented, here, 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 17, 2020, release Petitioner Miguel Aguilar Estrada 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 24, 2020. Petitioners reply, if any, to Respondents response shall be filed by Noon on April 29, 2020. The matter will then stand submitted. (shb) (Entered: 04/16/2020)

SEALED - TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE 7 (bm) (Entered: 04/16/2020)

NOTICE of Appearance filed by attorney Jeffrey S Robins on behalf of Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf (Attorney Jeffrey S Robins added to party Matthew T. Albence(pty:res), Attorney Jeffrey S Robins added to party James Janecka(pty:res), Attorney Jeffrey S Robins added to party David Marin(pty:res), Attorney Jeffrey S Robins added to party Chad F. Wolf(pty:res))(Robins, Jeffrey) (Entered: 04/18/2020)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 9 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration, # 2 Evidentiary Objections)(Robins, Jeffrey) (Entered: 04/18/2020)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class / Notice of Motion and Motion for Provisional Class Certification 5 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration, # 2 Evidentiary Objections)(Robins, Jeffrey) (Entered: 04/18/2020)

NOTICE of errata filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Exhibit)(Robins, Jeffrey) (Entered: 04/18/2020)

REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class / Notice of Motion and Motion for Provisional Class Certification 5 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration of Munmeeth Kaur Soni in Support)(Barnett, Amanda) (Entered: 04/20/2020)

NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 9 (Attachments: # 1 [Alternate Proposed] Order Granting Motion for Preliminary Injunction, # 2 [Second Alternate Proposed] Order Granting Motion for Preliminary Injunction, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Barnett, Amanda) (Entered: 04/20/2020)

REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 9 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Supplemental Declaration of Todd William Schneberk, M.D., # 2 Supplemental Declaration of Robert B. Greifinger, M.D., # 3 March 31, 2020 Declaration of Robert B. Greifinger, M.D., # 4 Declaration of Kelvin Estiven Hernandez Roman, # 5 Declaration of Miguel Aguilar Estrada, # 6 Declaration of Beatriz Forero Chavez)(Barnett, Amanda) (Entered: 04/20/2020)

NOTICE OF LODGING filed re Order,,, Set/Reset Deadlines,,, Set/Reset Motion Hearing and R&R Deadlines,, 25 (Attachments: # 1 Proposed Findings of Fact and Conclusions of Law)(Bansal, Jessica) (Entered: 04/21/2020)

NOTICE Proposed Findings of Fact and Conclusions of Law filed by Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Robins, Jeffrey) (Entered: 04/21/2020)

NOTICE OF LODGING filed of Amendments to Original Proposed Order re NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 9 (Attachments: # 1 Exhibit A - Amended Original Proposed Order, # 2 Exhibit B - Alternate Proposed Order, # 3 Exhibit C - Second Alternate Proposed Order)(Bansal, Jessica) (Entered: 04/21/2020)

EX PARTE APPLICATION to Strike New and Amended Proposed Orders, Additonal Declarations, and Arguments Based Thereon Notice of Lodging, 41, Reply (Motion related), 40, Reply (Motion related),, 42, Notice of Lodging, 45 filed by Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Robins, Jeffrey) (Entered: 04/21/2020)

OPPOSITION re: EX PARTE APPLICATION to Strike New and Amended Proposed Orders, Additonal Declarations, and Arguments Based Thereon Notice of Lodging, 41, Reply (Motion related), 40, Reply (Motion related),, 42, Notice of Lodging, 45 46 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 04/22/2020)

NOTICE of Appearance (Mercado-Santana, Victor) (Entered: 04/22/2020)

MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: the defendant's ex-parte application 46 to strike is hereby denied and grants leave to file a sur-reply. The sur-reply must be filed by no later than 10am PST on April 23, 2020. (jp) (Entered: 04/22/2020)

Sur-Reply re NOTICE OF MOTION AND MOTION to Certify Class / Notice of Motion and Motion for Provisional Class Certification 5, NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 9 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Robins, Jeffrey) (Entered: 04/23/2020)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance 48 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Notices Notice of Appearance or Withdrawal of Counsel (G-123). 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: 04/23/2020)

PROVISIONAL CLASS CERTIFICATION ORDER, 5 by Judge Terry J. Hatter, Jr: It is Ordered that the motion to provisionally certify this case as a Fed. R. Civ. P. 23(b)(2) class action be, and hereby is, Granted. It is further Ordered that the class shall be defined to include all people who: (1) Are currently detained in civil immigration detention at the Adelanto Immigration and Customs Enforcement Processing Center; (2) Were detained in civil immigration detention at the Adelanto Immigration and Customs Enforcement Processing Center at any time between March 23, 2020, and the final disposition of this case but have been transferred by BICE to another immigration detention facility, regardless of whether the other detention facility is within the Central District of California; or (3) Were detained in civil immigration detention at the Adelanto Immigration and Customs Enforcement Processing Center at any time between March 23, 2020, and the final disposition of this case but have been released pursuant to a temporary restraining order, a preliminary injunction, or other temporary release order issued by this Court. It is further Ordered that Petitioners be, and hereby are, Appointed to represent the class. It is further Ordered that Ahilan Arulanantham, Jessica Karp Bansal, Michelle (Minju) Cho and Michael Kaufmann, all of the ACLU of Southern California, be, and hereby are, Appointed as class counsel. It is further Ordered that the related cases of class members who have previously filed, or who will file, their own cases seeking habeas relief, injunctive relief and/or declaratory relief regarding the conditions of their confinement at Adelanto related to COVID-19 be, and hereby are, Stayed pending resolution of this class action. The Court will issue stay orders in those related cases. (shb) (Entered: 04/23/2020)

FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge Terry J. Hatter, Jr. See order for details. (shb) (Entered: 04/23/2020)

RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolfto Temporary Restraining Order,,,, Order to Show Cause,,, 33, Order on Motion for Temporary Restraining Order 35, Temporary Restraining Order,,,,, Order to Show Cause,,,, 34 AS TO WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED (Burrelle, Hillary) (Entered: 04/23/2020)

PRELIMINARY INJUNCTION, 9 by Judge Terry J. Hatter, Jr.: IT IS ORDERED that the motion be, and hereby is GRANTED. IT S FURTHER ORDERED that the basis for this Preliminary Injunction is set forth separately issued Findings of Fact and Conclusions of Law. IT IS FURTHER ORDERED that Respondents' request for a stay of this Preliminary Injunction pending appeal, be and hereby is DENIED. IT IS FURTHER ORDERED that, pending a final resolution of this case or further order fo the Court; 1. Adelanto shall not accept any new detainees. 2. Respondents shall immediately reduce the detainee population at the Adelanto Immigration and Customs Enforcement Processing Center [Adelanto] to such a level that would allow the remaining detainees to maintain a social distance of 6 feet from each other at all times and at all places, including while sleeping, eating, showering, and going about other daily activities, except when there is a medical necessity or a safety emergency. 3. Respondents shall begin to reduce Adelantos detainee population forthwith and shall complete the task by May 4, 2020. The Court will not issue any additional Temporary Restraining Orders or Preliminary Injunctions for class members in separately filed cases as this class action was certified as a no opt out class action under Fed. R Civ. P. 23(b)(2). Class counsel shall, with the cooperation of Respondents, provide the best notice possible regarding the certification of this class action and the issuance of this Preliminary Injunction to class members, and their separate counsel, for those class members who may have separate counsel. No bond shall be required for this Preliminary Injunction. See order for further details. (shb) (Entered: 04/23/2020)

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Appeal of Order on Motion to Certify Class Action,,,,,,, 52, Preliminary Injunction,,,,,, 55, Findings of Fact & Conclusions of Law 53 . (Appeal Fee - Not Required for US Goverment.) (Attachments: # 1 Exhibit Order-Class Certification, # 2 Exhibit PI Findings of Fact Conclusions of Law, # 3 Exhibit Order - Preliminary Injunction)(Mercado-Santana, Victor) (Entered: 04/24/2020)

REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals,, 56 . (Mercado-Santana, Victor) (Entered: 04/24/2020)

NOTICE regarding Plaintiffs attempts to comply with preliminary injunction filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit)(Bansal, Jessica) (Entered: 04/24/2020)

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55436 assigned to Notice of Appeal to 9th Circuit Court of Appeals,, 56 as to respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (mat) (Entered: 04/27/2020)

RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolfto Notice (Other) 58 (Attachments: # 1 Declaration)(Robins, Jeffrey) (Entered: 04/25/2020)

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 56 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka. CCA # 20-55436. The court has received appellants' emergency motion for an administrative stay and appellees opposition. The request for an immediate administrative stay is granted. The district court's April 23, 2020 preliminary injunction order is temporarily stayed pending further court order. [See document for all details.] (mat) (Entered: 04/27/2020)

REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Kelvin Hernandez Roman 7, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Miguel Aguilar Estrada 8, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Beatriz Andrea Forero Chavez 6 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Bansal, Jessica) (Entered: 04/29/2020)

REPLY filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman to Temporary Restraining Order,,,, Order to Show Cause,,, 33, Order on Motion for Temporary Restraining Order 35, Temporary Restraining Order,,,,, Order to Show Cause,,,, 34 (Bansal, Jessica) (Entered: 04/29/2020)

NOTICE OF ERRATA filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. correcting Reply (Motion related),, 62 (Bansal, Jessica) (Entered: 04/29/2020)

DESIGNATION of Record on Appeal by defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf re 56 (Mercado-Santana, Victor) (Entered: 05/01/2020)

Joint STIPULATION for Order TO MODIFY CONDITIONS OF RELEASE SET FORTH IN TEMPORARY RESTRAINING ORDER FOR PETITIONER-PLAINTIFF KELVIN HERNANDEZ ROMAN filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration, # 2 Proposed Order)(Bansal, Jessica) (Entered: 05/01/2020)

SCHEDULING ORDER by Judge Terry J. Hatter, Jr: After reviewing the case file, the Court sets the following briefing schedule on the class's petition for writ of habeas corpus; The Government's opposition to the petition shall be filed by May 12, 2020. Petitioners' reply shall be filed by May 15, 2020. The matter will then stand submitted. (shb) (Entered: 05/05/2020)

Order

SEALED SEALED DOCUMENT-ORDER GRANTING JOINT STIPULATION TO MODIFY CONDITIONS OF RELEASE SET FORTH IN TEMPORARY RESTRAINING ORDER FOR PETITIONER-PLAINTIFF KELVIN HERNANDEZ ROMAN 66 by Judge Terry J. Hatter, Jr, (pj) (Entered: 05/06/2020)

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 56 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka. CCA # 20-55436. Appellants' Emergency Motion for Stay Pending Appeal is granted in part and denied in part. The district court's preliminary injunction is stayed, except as follows: [See document]. The motion of Nikolas Bowie and others to file a brief amicus curiae in opposition to the motion to stay is granted. [See document for complete details.] (mat) (Entered: 05/08/2020)

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus, 1 filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 05/06/2020)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Summons Request 69 . The following error(s) was/were found: Summons are not issued on Petitions for Writ of Habeas Corpus 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: 05/07/2020)

EX PARTE APPLICATION to Expedite Discovery filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Memorandum, # 2 Bansal Declaration and Exhibits, # 3 Proposed Order) (Bansal, Jessica) (Entered: 05/07/2020)

NOTICE filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. PETITIONERS-PLAINTIFFS' NOTICE OF FILING AMENDED EXPEDITED INTERROGATORIES, AMENDED EXPEDITED REQUESTS FOR PRODUCTION AND AMENDED PROPOSED ORDER GRANTING EX PARTE APPLICATION FOR EXPEDITED DISCOVERY (Attachments: # 1 Exhibits A-C)(Bansal, Jessica) (Entered: 05/08/2020)

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,, 1 filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 05/08/2020)

60 DAY Summons Issued re Petition for Writ of Habeas Corpus and Complaint, 1 as to Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (shb) (Entered: 05/08/2020)

Opposition opposition re: EX PARTE APPLICATION to Expedite Discovery 72 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Mercado-Santana, Victor) (Entered: 05/08/2020)

REPLY in support of EX PARTE APPLICATION to Expedite Discovery 72 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Bansal, Jessica) (Entered: 05/09/2020)

ORDER by Judge Terry J. Hatter, Jr: Re EX PARTE APPLICATION FOR EXPEDITED DISCOVERY, 72 . IT IS ORDERED that the application is GRANTED. IT IS FURTHER ORDERED that, if Respondents have any objections to the nature of Petitioners' early discovery requests, Respondents should follow Local Rule 37 to raise objections, on an expedited basis, with Magistrate Judge Pedro V. Castillo. IT IS FURTHER ORDERED that the Court will entertain a stipulation or application to modify the briefing schedule on Petitioners' writ of habeas corpus to permit Judge Castillo sufficient time to consider any discovery dispute or discovery scheduling issue. (shb) (Entered: 05/11/2020)

Joint STIPULATION for Order Modifying Briefing Schedule filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Robins, Jeffrey) (Entered: 05/12/2020)

ORDER RE: JOINT STIPULATION TO MODIFY BRIEFING SCHEDULE ON PETITIONERS WRIT OF HABEAS CORPUS [ECF NO. 67] 80 by Judge Terry J. Hatter, Jr. IT IS HEREBY ORDERED that the Parties Joint Stipulation is GRANTED as follows: 1. Respondents response to the petition for a writ of habeas corpus will be due on May 15, 2020. 2. Petitioners reply will be due May 21, 2020. (shb) (Entered: 05/14/2020)

**STRICKEN PER ORDER 84 ANSWER to Petition for Writ of Habeas Corpus,, 1 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration Declaration of Gabriel Valdez)(Robins, Jeffrey) Modified on 5/20/2020 (yl). (Entered: 05/15/2020)

EX PARTE APPLICATION to Lift Stay re Class Member Jeronimo Osorio's Case filed by Plaintiffs-Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Arulanantham, Ahilan) (Entered: 05/19/2020)

MINUTES: 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 answer 82 is hereby stricken from the record. Respondent may re-file the answer as a separate document and may re-file a noticed motion to dismiss with a hearing date, which will be then taken under submission as of the hearing date selected. IT IS SO ORDERED. (yl) (Entered: 05/20/2020)

ANSWER to Petition for Writ of Habeas Corpus,, 1 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Robins, Jeffrey) (Entered: 05/20/2020)

OPPOSITION re: EX PARTE APPLICATION to Lift Stay re Class Member Jeronimo Osorio's Case 83 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Beck, Daniel) (Entered: 05/20/2020)

REPLY filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman to Petition for Writ of Habeas Corpus,, 1 / Traverse and Reply in Support of Petition for Writ of Habeas Corpus (Attachments: # 1 Declaration of Amanda Barnett in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Second Supplemental Declaration of Robert B. Greifinger, M.D. in Support, # 6 Second Supplemental Declaration of Todd William Schneberk, M.D. in Support, # 7 Declaration of Caitlin Patler, PH.D. in Support, # 8 Exhibit A, # 9 Declaration of Hilda Noemi Zecena Sanchez in Support, # 10 Declaration of Rot Mythong in Support, # 11 Declaration of Karapet Davtan in Support, # 12 Declaration of David Nahman in Support, # 13 Declaration of Luis Yboy Flores in Support, # 14 Declaration of Antonio Ortega Osorio in Support, # 15 Declaration of V. Mitch McEwen in Support, # 16 Exhibit A, # 17 Exhibit B, # 18 Exhibit C)(Barnett, Amanda) (Entered: 05/21/2020)

EX PARTE APPLICATION to Strike New Evidence and Related Argument Submitted with Traverse and Reply Reply,,,, 87 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Robins, Jeffrey) (Entered: 05/22/2020)

OPPOSITION re: EX PARTE APPLICATION to Strike New Evidence and Related Argument Submitted with Traverse and Reply Reply,,,, 87 88 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 05/26/2020)

ORDER by Judge Terry J. Hatter, Jr: re 88 EX PARTE APPLICATION TO STRIKE NEW EVIDENCE AND ARGUMENTS CONTAINED IN PETITIONER'S TRAVERSE OR IN THE ALTERNATIVE FOR LEAVE TO FILE SUR REPLY TO THE TRAVERSE. IT IS ORDERED that the ex parte application be, and hereby is, DENIED. (shb) (Entered: 05/27/2020)

Joint STIPULATION for Protective Order filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Protective Order)(Bansal, Jessica) (Entered: 05/27/2020)

PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Stipulation for Protective Order 91 . (see document for details) (hr) (Entered: 05/28/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Hans Chen counsel for Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Adding Hans H. Chen as counsel of record for CHAD F. WOLF, et al. for the reason indicated in the G-123 Notice. Filed by Respondents CHAD F. WOLF, et al.. (Attorney Hans Chen added to party Matthew T. Albence(pty:res), Attorney Hans Chen added to party James Janecka(pty:res), Attorney Hans Chen added to party David Marin(pty:res), Attorney Hans Chen added to party Chad F. Wolf(pty:res))(Chen, Hans) (Entered: 05/29/2020)

NOTICE filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. NOTICE OF FIRST CONFIRMED CASE OF COVID-19 AMONG ADELANTO DETAINEES (Attachments: # 1 Exhibit A)(Bansal, Jessica) (Entered: 05/29/2020)

NOTICE OF SECOND CONFIRMED CASE OF COVID-19 AMONG ADELANTO DETAINEES filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit A)(Bansal, Jessica) (Entered: 06/01/2020)

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 afterthe 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. (shb) (Entered: 06/01/2020)

ORDER SETTING FINAL PRE-TRIAL CONFERENCE AND REFERRING DISCOVERY by Judge Terry J. Hatter, Jr.: It is Ordered that all discovery matters which become at issue are referred to Magistrate Judge Pedro V. Castillo for her/his consideration. Please contact the courtroom deputy clerk to the Magistrate Judge regarding these matters. It is Ordered, pursuant to Rule 16 of the Federal Rules of Civil Procedures and Local Rule 16, that the Final Pre-Trial Conference is placed on the Courts calendar for SEPTEMBER 14, 2020 at 10:00 a.m. in Courtroom No. 9B in the U. S. Courthouse on First Street. See order for further details. (shb) (Entered: 06/01/2020)

NOTICE Response to Petitioners' Notices filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Robins, Jeffrey) (Entered: 06/01/2020)

ORDER by Judge Terry J. Hatter, Jr: The Court has considered Alejandro Jeronimo Osorios motion to lift the stay in CV 20-816 TJH, together with the moving and opposing papers. It is Ordered that the motion be, and hereby is, Denied. (shb) (Entered: 06/03/2020)

Joint STIPULATION for Order for BRIEFING SCHEDULE ON PLAINTIFFS-PETITIONERS' MOTION FOR CLASS-WIDE BAIL filed by Plaintiffs-Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order)(Bansal, Jessica) (Entered: 06/04/2020)