Case: Roman v. Wolf

5:20-cv-00768 | U.S. District Court for the Central District of California

Filed Date: April 13, 2020

Case Ongoing

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Case Summary

COVID-19 Summary: This is a representative habeas action and class action lawsuit filed by immigrant detainees in the Adelanto ICE Processing Center, seeking writs of habeas corpus, declaratory relief, and an injunction in light of COVID-19. The plaintiffs alleged that everyone at the detention center was particularly vulnerable to contracting the virus because the tight quarters in the detention center made it impossible to implement social distancing. The district court entered a preliminary …

COVID-19 Summary: This is a representative habeas action and class action lawsuit filed by immigrant detainees in the Adelanto ICE Processing Center, seeking writs of habeas corpus, declaratory relief, and an injunction in light of COVID-19. The plaintiffs alleged that everyone at the detention center was particularly vulnerable to contracting the virus because the tight quarters in the detention center made it impossible to implement social distancing. The district court entered a preliminary injunction on April 23, 2020, which the Ninth Circuit partially vacated and remanded to the district court on September 23, 2020. The district court issued a modified preliminary injunction on September 29, 2020, which required the government to provide frequent census data and reports about the COVID status of Adelanto detainees. Following another appeal and order from the Ninth Circuit, the district court further modified the injunction and appointed a Special Master on October 15, 2020. As of March 26, 2024, monitoring and reporting are ongoing.

This case concerns the due process rights of immigration detainees in the Adelanto ICE Processing Center during the COVID-19 pandemic. On April 13, 2020, immigration detainees filed this lawsuit against the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (“ICE”), and the warden of the Adelanto ICE Processing Center in the U.S. District Court for the Central District of California. Represented by private counsel and the ACLU of Southern California, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241, as well as injunctive and declaratory relief. Pointing to statements of medical experts, the plaintiffs alleged that detention facilities created a “tinderbox scenario” for COVID-19 to spread because those facilities made social distancing impossible. They claimed that their continued detention in Adelanto violated their Fifth Amendment right to substantive due process by creating a significant risk of illness or death from COVID-19.

On that same day, the plaintiffs moved to certify a class of “all individuals detained in civil immigration detention at Adelanto.” They also moved for temporary restraining orders (“TRO”) as to why a preliminary injunction should not be issued regarding each of the three named plaintiffs.

The plaintiffs also filed a notice of related cases, requesting this action to be related to the following cases: 5:20-cv-00605, 5:20-cv-00590, 5:20-cv-00617, 5:20-cv-00626, 5:20-cv-00627, 5:20-cv-00646, 5:20-cv-00650, 5:20-cv-00653, 5:20-cv-00668.

On April 14, 2020, the plaintiffs moved for a preliminary injunction to implement a system for class-wide relief or mandate ICE to implement social distancing measures necessary to protect the individuals in custody.

The case was assigned to District Judge Terry J. Hatter, Jr. and Magistrate Judge Pedro V. Castillo.

On April 16, 2020, Judge Hatter entered TROs authorizing release from custody for each of the named plaintiffs. The court also ordered the government to show cause as to why the court should not issue a preliminary injunction by April 24, 2020.

A few days later, on April 23, Judge Hatter provisionally certified a class of all those who were currently detained at Adelanto or had been detained there after March 23, 2020, and appointed the ACLU of Southern California as the class counsel. 2020 WL 3869729.

Judge Hatter also issued a preliminary injunction on April 23, 2020 that required the government to:

Not accept any new detainees at Adelanto
Reduce the detainee population to a level that allows detainees to maintain social distancing of 6 feet from each other at all times by May 4, 2020
Require staff and detainees to maintain 6 feet of distance whenever possible
Clean and disinfect common areas and shared items on a regular basis (multiple times throughout each 24-hour period)
Provide sufficient cleaning equipment and supplies for detainees to clean their own areas once a day
Limit sleeping rooms/cells that have toilets without integrated lids to single occupancy
Require all staff to wear masks and gloves at all times
Require all detainees to wear masks, and provide gloves to those who wish to wear them
Provide soap or hand sanitizer and paper towels to detainees
Propose a plan for population reduction and cleaning procedures that comply with the injunction

The court stated that if the government failed to comply with any of the injunction's requirements, the court would consider the immediate release of class members. Regarding the related cases, the order stated that any class member who had been released from this order or a previously filed case would remain released, but that no additional injunctions would be entered for class members that had filed separate cases.

The next day, the government appealed the April 23 order and preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit (Docket No. 20-55436). The Ninth Circuit granted an administrative stay of the district court’s preliminary injunction on April 25, 2020.

On May 5, 2020, the Ninth Circuit stayed the lower court's preliminary injunction to the extent that it went beyond the Center for Disease Control and Prevention’s (“CDC”) guidelines for correctional and detention facilities for managing COVID-19. Circuit Judges Barry G. Silverman, Jacqueline H. Nguyen, and Daniel Paul Collins issued the order. Judge Collins wrote a partial dissent advocating for staying the preliminary injunction in its entirety, on the basis that CDC guidelines may require adaptation to each individual facility. 2020 WL 2188048.

Back in the district court, the plaintiffs moved for class-wide bail on June 5, 2020. The court granted the motion on June 17, 2020 and announced plans to make individualized bail determinations for each class member. 2020 WL 3481564.

On June 19, 2020, the court implemented a process for individualized bail determinations for each class member. Judge Hatter also required the government to create a spreadsheet including information about each detainee, weekly updates, and notice to class members. 2020 WL 3487632. A few days later, on June 26, the court issued another order specifying what should be on the spreadsheet, but after the government asked the court to reconsider, the court held that the government no longer needed to provide information about the detainees’ criminal history on the spreadsheet.

The government appealed the June 19 order to the Ninth Circuit on June 29, 2020 (Docket No. 20-55662). The Ninth Circuit granted an administrative stay of the June 17 bail order and June 19 bail process on July 1, 2020. However, the Ninth Circuit declined to stay the orders pending appeal on July 8, 2020. It also consolidated the two appeals. Back in the district court, Judge Hatter, Jr. continued the individualized bail process and granted bail for various class members.

On August 10, 2020, the plaintiffs moved to enforce the preliminary injunction's CDC Guidance provision and for non-provisional class certification. That same day, the government moved to dismiss. Later in August, the government also filed motions in opposition to the plaintiffs’ August 10 motions.

After learning about a COVID-19 outbreak at the detention center, the plaintiffs filed an application for a TRO in the district court on September 16, 2020. They asked the court to compel COVID-19 testing of all detainees and to isolate all detainees with positive test results. The court also granted bail for several detainees on September 16, 2020. The court denied the plaintiffs’ application the next day. Judge Hatter also stayed any previous bail orders releasing detainees who were still in the detention center, so as not to release a COVID-positive detainee into the community. The plaintiffs filed a motion for reconsideration on September 18, 2020.

On September 22, 2020, the court declined to reconsider the September 17 order. Judge Hatter held that because the Ninth Circuit had stayed the preliminary injunction, he could not order the government to isolate detainees in contravention of the stay. The court also granted class certification, holding that differences between class members such as statutory authority for detention or bail status did not destroy the class. 2020 WL 6261318.

On September 23, 2020, the Ninth Circuit vacated many of the preliminary injunction’s provisions—including the CDC Guidelines provision—and remanded the matter with instructions to issue an updated preliminary injunction. Circuit Judges Paul J. Watford, Michelle T. Friedland, and Eric D. Miller issued the order. The Ninth Circuit held that the district court had subject matter jurisdiction and authority to issue the preliminary injunction. However, the Ninth Circuit vacated the substantive portions of the preliminary injunction because circumstances had changed at the Adelanto facility since its issuance, and thus an updated order was necessary. 829 F. App’x 165.

On September 25, 2020, Judge Hatter denied both the plaintiffs' motion to enforce the preliminary injunction and the government’s motion to dismiss. The court reasoned that the Ninth Circuit’s September 23 opinion rendered the plaintiffs’ motion moot and foreclosed the government’s arguments.

The court issued a modified preliminary injunction and additional findings of fact on September 29, 2020. Judge Hatter ordered the government to provide a detailed population reduction plan to ensure detainees could maintain six feet of social distance at all times, and to refrain from accepting any new or transfer detainees in Adelanto. The court also ordered the government to cease using HDQ Neutral, a toxic disinfectant, in housing units. Finally, Judge Hatter instructed the government to provide census data of all Adelanto detainees and update that report weekly. In addition to the census report, the district court ordered the government to provide a daily status report that listed the number of COVID-positive and COVID-negative detainees in each housing unit. 2020 WL 5797918.

The government appealed the modified preliminary injunction on October 2, 2020 (Docket No. 20-56026). On October 13, 2020, the Ninth Circuit issued a per curiam opinion partially affirming and partially reversing the district court’s order. The Ninth Circuit held that the district court had authority to issue injunctive relief but found that, due to the rapidly evolving circumstances, the district court needed to reconsider the reductions in detainee population. On remand, the Ninth Circuit advised the district court to avoid micromanaging the administration of conditions at Adelanto and stated that “any new provisions of future injunctive relief should stem from medical evidence properly before the court.” 977 F.3d 935.

On October 15, 2020, Judge Hatter issued another order concerning the population reduction plan (“Adelanto Population Reduction Order”). The court expressed frustration with the government’s disregard for procedural rules. Judge Hatter ordered the government to reduce the population of Adelanto by at least 50 detainees each day (by either releasing or deporting detainees) until the population reached at most 475 people. The court appointed Chief Magistrate Judge Patrick Walsh to serve as a Special Master and monitor the government's compliance with the injunctive relief. 2020 WL 6107069. The government appealed on November 27, 2020 (Docket No. 20-56257).

Throughout late 2020, Judge Hatter routinely issued bail orders directing the government to release specific class members. The government appealed several of these orders on December 15, 2020 (Docket No. 20-56329).

The parties held several status conferences with the Special Master in November and December of 2020. The Special Master issued a report and recommendation on November 18, 2020 concerning COVID-19 testing protocols. On December 21, 2020, the court partially accepted the Special Master’s recommendations. Judge Hatter set protocols for random COVID-19 testing of Adelanto staff and detainees, as well as isolation rules. In addition, the court ordered the government to inform the court when three or more people test positive in one week, and to conduct weekly testing of all Adelanto detainees and staff in response to these positive tests.

On January 4, 2021, the parties agreed to request a modification of the court’s October 15, 2020 Adelanto Population Reduction Order. The court accepted the stipulation and issued an Amended Adelanto Population Reduction Order on January 11, 2021. The new order provided a revised list of considerations for determining which Adelanto detainees to release or deport, and required the government to proceed down the list until it reached the maximum capacity target of 475 or fewer detainees.

Upon motion of the plaintiffs, the court clarified on March 10, 2021 that two individual detainees were not subject to mandatory detention orders, and therefore should have been given priority for release. 2021 WL 4621946. The government appealed on May 10, 2021 (Docket No. 21-55510). The Ninth Circuit consolidated that appeal with the previous appeals in this case on June 3, 2021.

Back in the district court, the government notified the court on March 19, 2021 that a detainee class member had died. Judge Hatter ordered the Special Master to investigate the death. The Special Master issued a report and recommendation following that investigation on July 16, 2021, which the court adopted on August 8, 2021. Judge Hatter ordered the government to report any time an Adelanto detainee who previously tested positive for COVID-19 goes to the hospital or dies of any cause, and imposed procedures for sharing medical records of those detainees. 2021 WL 10395928. The government appealed this order on October 8, 2021 (Docket No. 21-56128).

The deceased detainee’s son moved for limited intervention, which the court denied on October 15, 2021. 2021 WL 6103180. The court denied the proposed intervenor’s motion for reconsideration on February 25, 2022. The proposed intervenor appealed on April 25, 2022 (Docket No. 22-55430), and voluntarily dismissed the appeal on July 29, 2022.

On September 30, 2021, the court stayed discovery deadlines pending the parties’ settlement negotiations, which were apparently unsuccessful.

In the district court, the government filed frequent, regular status reports and spreadsheets with information about Adelanto detainees from the issuance of the injunction in 2020 through the beginning of 2024. As of April 25, 2024, the government has continued to file these reports.

In the Ninth Circuit, the parties underwent mediation regarding the various issues on appeal from 2021 to 2023. On September 25, 2023, the Ninth Circuit temporarily closed the appellate docket for administrative purposes. As of April 25, 2024, the docket remains administratively closed and mediation is ongoing.

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Summary Authors

Caitlin Kierum (9/27/2020)

Justin Hill (11/3/2020)

Sophia Acker (3/26/2024)

Rodriguez v. Wolf, Central District of California (2020)

Reina Moran v. U.S. Department of Homeland Security, Central District of California (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17066052/parties/kelvin-hernandez-roman-v-chad-f-wolf/

Judge(s)

Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Barnett, Amanda (California)

Attorney for Defendant

Bates, Christopher A (District of Columbia)

Beck, Daniel A (California)

Expert/Monitor/Master/Other

Judge(s)

Castillo, Pedro V. (California)

Collins, Daniel Paul (California)

Friedland, Michelle Taryn (California)

Hatter, Terry J. Jr. (California)

Klausner, Robert G. (California)

Miller, Eric David (Washington)

Nguyen, Jacqueline Hong-Ngoc (California)

Silverman, Barry G. (Arizona)

Watford, Paul Jeffrey (California)

Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Barnett, Amanda (California)

Berdahl, Charles A (District of Columbia)

Cammack, Jessie Alice (California)

Chia, Liga (California)

Chin, Roger J (California)

Cho, Michelle (California)

Deger-Sen, Samir (District of Columbia)

Friedman, William M. (District of Columbia)

Kaufman, Michael Bryan (California)

Kaufman [inactive], Michael (California)

Tomberlin, James (California)

Upshaw, Margaret A (California)

Virgien, Kyle A. (California)

Attorney for Defendant

Bates, Christopher A (District of Columbia)

Beck, Daniel A (California)

Burrelle, Hillary Morgan (California)

Chen, Hans (District of Columbia)

Davis, Ethan P. (District of Columbia)

Dichter, Anna (District of Columbia)

Kurz, Julian (District of Columbia)

Lane, William Kerwin III (District of Columbia)

Mercado-Santana, Victor M. (District of Columbia)

Peachey, William Charles (District of Columbia)

Robins, Jeffrey S (District of Columbia)

Stewart, Scott Grant (District of Columbia)

Wilson, Sarah S. (District of Columbia)

Windrow, Hayden (District of Columbia)

Expert/Monitor/Master/Other

Comstock, Hannah Karin (California)

Glazer, Nicolette (California)

Groendyke, Emily Jane (California)

Matz, Joshua Adam (New York)

Motlagh, Jasmin F (California)

O'Connor, William V Jr (California)

Soni, Munmeeth Kaur (California)

Trigilio, Joseph A (California)

Walsh, Patrick J. (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
5:20-cv-00768	Docket [PACER]	Nov. 2, 2020	Nov. 2, 2020 Docket
1 5:20-cv-00768	Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief	April 13, 2020	April 13, 2020 Complaint
34 5:20-cv-00768	Temporary Restraining Order and Order to Show Cause	April 16, 2020	April 16, 2020 Order/Opinion
33 5:20-cv-00768	Temporary Restraining Order and Order to Show Cause	April 16, 2020	April 16, 2020 Order/Opinion
53 5:20-cv-00768	Findings of Fact and Conclusions of Law	April 23, 2020	April 23, 2020 Order/Opinion 2020 WL 2020
55 5:20-cv-00768	Preliminary Injunction	April 23, 2020	April 23, 2020 Order/Opinion
52 5:20-cv-00768	Provisional Class Certification Order	April 23, 2020	April 23, 2020 Order/Opinion 2020 WL 2020
17 5:20-cv-00768 20-55436	Order U.S. Court of Appeals for the Ninth Circuit	May 5, 2020	May 5, 2020 Order/Opinion 2020 WL 2020
118 5:20-cv-00768	Order	June 17, 2020	June 17, 2020 Order/Opinion 2020 WL 2020
124 5:20-cv-00768	Order	June 19, 2020	June 19, 2020 Order/Opinion 2020 WL 2020

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17066052/kelvin-hernandez-roman-v-chad-f-wolf/

Last updated April 25, 2024, 2:32 p.m.

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ECF Number	Description	Date	Link Date / Link
774	Mail Returned addressed to Russell Casio Bernardino re Order, 208 (shb) (Entered: 10/29/2020)	Aug. 25, 2020	Aug. 25, 2020 PACER
775	Mail Returned addressed to Silvano Avina Salas re Order on Motion to Supplement, 301 (shb) (Entered: 10/29/2020)	Aug. 25, 2020	Aug. 25, 2020 PACER
386	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Gabino Rodriguez Silvar re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-L)(Barnett, Amanda) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 PACER
388	SEALED DOCUMENT Daily Spreadsheet (August 27, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Bansal, Jessica) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 PACER
389	Joint STIPULATION for Order to Extend Hearing Date and Reply Briefs Due Date filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order)(Bansal, Jessica) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 PACER
390	PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 388, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Jose Sanchez Delgadillo re Order 124 387, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Gabino Rodriguez Silvar re Order 124 386, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Charlaine Mamaradlo re Order 124 385 served on August 27, 2020. (Barnett, Amanda) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 PACER
391	NOTICE of Imminent Removal of Class Member Ordered Released on Bail (ECF 381) filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Exhibit A: Order Denying Stay, # 2 Exhibit B: SDDO Burdick Declaration)(Wilson, Sarah) (Entered: 08/27/2020) 1 Exhibit A: Order Denying Stay View on PACER 2 Exhibit B: SDDO Burdick Declaration View on PACER	Aug. 27, 2020	Aug. 27, 2020 PACER
392	ORDER GRANTING JOINT STIPULATION RE: EXTENSION OF BRIEFING SCHEDULES FOR MOTION TO DISMISS (ECF 320) AND MOTION FOR ENFORCEMENT (ECF 315), 389 by Judge Terry J. Hatter, Jr. Pursuant to stipulation and for good cause shown, the Court hereby modifies the briefing schedule and hearing date for Petitioners-Plaintiffs pending Motion for Enforcement of Preliminary Injunctions CDC Guidance Provision, ECF No. 315, and Respondents-Defendants pending Motion to Dismiss for Lack of Jurisdiction, ECF No. 320, as follows: 1. Hearing on the Motion for Enforcement, ECF No. 315, and Motion to Dismiss, ECF No. 320, shall be reset for September 21, 2020. 2. The parties respective replies shall be filed no later than September 4, 2020. (shb) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
393	BAIL ORDER, 376 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Miriam Jeanette Motino-Rodriguez from custody within 48 hours of the filing of this order, and she shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release.It is further Ordered that Respondents shall not arrest or re-detain the ClassMember without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. (shb) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
394	ORDER, 377 by Judge Terry J. Hatter, Jr., as to Petitioner Shengyang Li: The Court has considered the bail application for class member Shengyang Li [the Class Member], together with the moving and opposing papers. The Class Member shall prepare and deliver to Respondents a supplemental declaration setting forth: (1) The name(s) of the legal owner(s) of the residence in Yorba Linda, California, where he intends to reside [the Residence]; (2) A description of the Residence, i.e., a single family residence, an apartment complex, or some other type of facility; and (3) The names and relationships of all other occupants of the Residence. Respondents shall have 2 business days from the date they are presented with the supplemental declaration to prepare a supplemental opposition, if any. The supplemental opposition shall be transmitted to class counsel. Class counsel, then, may append a supplemental reply to the supplemental opposition, and then file the supplemental declaration, the supplemental opposition, if any, and the supplemental reply, if any, as a single document. The supplemental opposition and reply briefs shall each be no more than two pages. IT IS SO ORDERED. (shb) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
395	MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES 381 by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Government is ordered to file a status report confirming that Class Member Dante Martinez Lizalde was removed from the United States, or released from detention, within 48 hours of the issuance of the order granting his bail application. IT IS SO ORDERED. (shb) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
396	STATUS REPORT Re: ECF 381 (Confirmation of Removal of Class Member) filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Exhibit A: Form I-205)(Wilson, Sarah) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
397	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Rodrigo Rivera Montoya re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-P)(Barnett, Amanda) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
398	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Sixto Valente Reyes re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-J)(Barnett, Amanda) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
399	Joint STIPULATION for Order Modifying Scheduling Order filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Robins, Jeffrey) (Entered: 08/28/2020) 1 Proposed Order View on PACER	Aug. 28, 2020	Aug. 28, 2020 PACER
400	SEALED DOCUMENT Daily Spreadsheet (August 28, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Bansal, Jessica) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
401	Notice of Errata and Request to Strike and Remove Pages from Record filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman re: NOTICE OF MOTION AND MOTION to Enforce PRELIMINARY INJUNCTION'S CDC GUIDANCE PROVISION 315 (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Entered: 08/28/2020) 1 Proposed Order View on PACER	Aug. 28, 2020	Aug. 28, 2020 PACER
402	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, re the joint stipulation for order modifying scheduling order 399 is hereby rejected by the Court. The Court will hold a Final Pretrial Conference for this case. Counsel are reminded that all documents required by Local Rule 16 must be filed inadvance of the Conference. Anticipated evidentiary objections must be raised through motions in limine; and the Court will entertain another stipulation to modify the scheduling order provided that the stipulation complies with the above items. IT IS SO ORDERED. (shb) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 RECAP
403	BAIL ORDER, 385 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Charlaine Manabat Mamaradlo from custody within 72 hours of the filing of this order, and she shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release. It is further Ordered that Respondents shall not arrest or re-detain the Class Member without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. (shb) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
404	BAIL ORDER, 386 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Gabino Rodriguez Silvar from custody within 72 hours of the filing of this order, and he shall remain released pending further order of this Court.It is further Ordered that the Class Member shall comply with all of the following conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release. It is further Ordered that Respondents shall not arrest or re-detain the Class Member without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. See order for further details. (shb) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
405	BAIL ORDER, 387 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Jose Sanchez Delgadillo from custody within 72 hours of the filing of this order, and he shall remain released pending further order of this Court.It is further Ordered that the Class Member shall comply with all of thefollowing conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release. It is further Ordered that Respondents shall not arrest or re-detain the Class Member without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. See order for further details. (shb) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
406	PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 400, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Sixto Valente Reyes re Order 124 398, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Rodrigo Rivera Montoya re Order 124 397 served on August 28, 2020. (Barnett, Amanda) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
407	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, 401 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Miscellaneous Filings - SELECT - Errata. 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: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 PACER
408	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Oscar Armando Rios Anariba re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-M)(Barnett, Amanda) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
409	SEALED DOCUMENT Daily Spreadsheet (August 31, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Bansal, Jessica) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
410	BAIL ORDER, 397 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Rodrigo Rivera Montoya from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release. It is further Ordered that Respondents shall not arrest or re-detain the Class Member without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. See order for further details. (shb) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
411	BAIL ORDER, 398 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Sixto Valente Reyes from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release.It is further Ordered that Respondents shall not arrest or re-detain the ClassMember without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. See order for further details. (shb) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
412	PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 409, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Oscar Armando Rios Anariba re Order 124 408 served on August 31, 2020. (Barnett, Amanda) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
413	NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Daniel Varela Reyes filed by intervenor Daniel Alverto Varela Reyes. Motion set for hearing on 9/14/2020 at 10:30 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Exhibit A - Doctor Letter Re Asthma, # 2 Exhibit B - Trigilio Declaration) (Attorney Joseph A Trigilio added to party Daniel Alverto Varela Reyes(pty:intv)) (Trigilio, Joseph) (Entered: 08/31/2020) 1 Exhibit A - Doctor Letter Re Asthma View on PACER 2 Exhibit B - Trigilio Declaration View on PACER	Aug. 31, 2020	Aug. 31, 2020 PACER
414	APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Daniel Varela Reyes 413 to 09/14/2020 filed by intervenor Daniel Alverto Varela Reyes. (Attachments: # 1 [Proposed] Order) (Trigilio, Joseph) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
415	REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class / Notice of Motion and Motion for Non-Provisional Class Certification 319 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration of Jessica Karp Bansal, # 2 Exhibit 1 to Declaration of Jessica Karp Bansal, # 3 Exhibit 2 to Declaration of Jessica Karp Bansal, # 4 Exhibit 3 to Declaration of Jessica Karp Bansal)(Barnett, Amanda) (Entered: 08/31/2020) 1 Declaration of Jessica Karp Bansal View on PACER 2 Exhibit 1 to Declaration of Jessica Karp Bansal View on PACER 3 Exhibit 2 to Declaration of Jessica Karp Bansal View on PACER 4 Exhibit 3 to Declaration of Jessica Karp Bansal View on PACER	Aug. 31, 2020	Aug. 31, 2020 PACER
416	MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Salvadore Chavez Gonzalez 359 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Wilson, Sarah) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
417	SEALED DOCUMENT second updated and corrected spreadsheet information for all Fraihat class members; spreadsheet of Roman class members re Order 124 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf.(Chen, Hans) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
418	OPPOSITION to APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Daniel Varela Reyes 413 to 09/14/2020 414 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration of Sarah Wilson)(Wilson, Sarah) (Entered: 09/01/2020) 1 Declaration of Sarah Wilson View on PACER	Sept. 1, 2020	Sept. 1, 2020 PACER
419	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Enrique Ramirez-Hernandez re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-K)(Barnett, Amanda) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020 PACER
420	SEALED DOCUMENT Daily Spreadsheet (September 1, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Bansal, Jessica) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020 PACER
421	PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 420, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Enrique Ramirez-Hernandez re Order 124 419 served on September 1, 2020. (Barnett, Amanda) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020 PACER
422	BAIL ORDER by Judge Terry J. Hatter, Jr 331 . It is Ordered that the bail application be, and hereby is, Granted.It is further Ordered that Respondents shall release Asonganyi FelixNkemnkeng from custody within 48 hours of the filing of this order and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. (See Order for further details) (yl) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020 RECAP
423	BAIL ORDER 408 by Judge Terry J. Hatter, Jr. The Court has considered the bail application for class member Oscar Armando Rios Anariba, together with the moving and opposing papers. The Court finds that the Class Member failed to establish, by a preponderance of the evidence, that he will not be a danger to public safety. IT IS ORDERED that the bail application be, and hereby is, DENIED 408 (yl) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020 PACER
424	STIPULATION for Order modify scheduling order filed by respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf.(Mercado-Santana, Victor) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020 PACER
425	STIPULATION for Order Re: Timing of Expert Deposition filed by Plaintiffs-Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order)(Barnett, Amanda) (Entered: 09/01/2020) 1 Proposed Order View on PACER	Sept. 1, 2020	Sept. 1, 2020 PACER
426	SEALED DOCUMENT third updated and corrected spreadsheet information for all Fraihat class members re Order 124 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf.(Chen, Hans) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020 PACER
427	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Chuanyi Zhu re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-K)(Barnett, Amanda) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020 PACER
428	SEALED DOCUMENT Daily Spreadsheet (September 2, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Arulanantham, Ahilan) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020 PACER
429	SEALED DOCUMENT SUPPLEMENTAL DECLARATION, OPPOSITION AND REPLY RE: RELEASE PLAN FOR CLASS-MEMBER SHENGYANG LI re Order,,,, 394, Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit O)(Bansal, Jessica) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020 PACER
430	NOTICE of Appearance filed by attorney Jeffrey S Robins on behalf of Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf (Robins, Jeffrey) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020 PACER
431	PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 428, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Chuanyi Zhu re Order 124 427 served on September 2, 2020. (Barnett, Amanda) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020 PACER
432	RESPONSE IN SUPPORT of APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Daniel Varela Reyes 413 to 09/14/2020 414 filed by Intervenor Daniel Alverto Varela Reyes. (Trigilio, Joseph) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020 PACER
433	PROOF OF SERVICE filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document, 429 served on September 2, 2020. (Bansal, Jessica) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020 PACER
434	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Eduardo Sanchez Gutierrez re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-I)(Barnett, Amanda) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
435	BAIL ORDER 377 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Denied. (lom) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
436	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Joaz Lopez Garcia re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-K)(Barnett, Amanda) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
437	BAIL ORDER 419 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Enrique Ramirez-Hernandez from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release. See order for details. (lom) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
438	BAIL ORDER 427 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Chuanyi Zhu from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release. See order for details. (lom) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
439	SEALED DOCUMENT Daily Spreadsheet (September 3, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Bansal, Jessica) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
440	NOTICE OF LODGING filed re Stipulation for Order 424 (Attachments: # 1 Proposed Order)(Mercado-Santana, Victor) (Entered: 09/03/2020) 1 Proposed Order View on PACER	Sept. 3, 2020	Sept. 3, 2020 PACER
441	PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 439, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Joaz Lopez Garcia re Order 124 436, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Eduardo Sanchez Gutierrez re Order 124 434 served on September 3, 2020. (Barnett, Amanda) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
442	ORDER GRANTING PARTIES' JOINT STIPULATION RE: TIMING OF EXPERT DEPOSITION 425 by Judge Terry J. Hatter, Jr. The parties may hold a deposition of Respondents' expert witness on September 8, 2020. (lom) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
443	SEALED NOTICE OF MOTION AND MOTION re Bail Application Filed by Petitioner Rot Mythong re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A -U)(Barnett, Amanda) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
444	ORDER DENYING APPLICATION TO SHORTEN TIME TO HEAR MOTION 414 by Judge Terry J. Hatter, Jr. IT IS HEREBY ORDERED that the Application to shorten time to hear motion re Petitioner-Plaintiff Daniel Varela Reyes's Motion to Intervene is hereby DENIED. The motion will be taken under submission as soon as it is fully briefed. (lom) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
445	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Gabriel Espinoza Orejel re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-N)(Barnett, Amanda) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
446	ORDER RE: SECOND JOINT STIPULATION TO MODIFY SCHEDULING ORDER [ECF NO. 209] 440 424 440 by Judge Terry J. Hatter, Jr. The scheduling order is modified as follows: Exchange exhibit, witness lists, and proposed joint statement of stipulated facts - Sept. 14, 2020; Filing Deadline for Local Rule 16 Documents in Advance of the Final Pretrial Conference. Includes: Memorandum of Contentions of Fact and Law; Witness List; Joint Exhibits List; Final Pretrial Conference Order - Sept. 21, 2020; Filing Deadline for Motions in Limine & Daubert Motions - Sept. 25, 2020; Final Pretrial Conference - Sept. 28, 2020 at 10:00 a.m.; Filing Deadline for Oppositions to Motions in Limine & Daubert Motions - Oct. 2, 2020; Filing Deadline for Replies to Motions in Limine & Daubert Motions - Oct. 9. 2020; Lodging of testimony admitted through deposition - Oct. 6, 2020. See order for details. (lom) Modified on 9/4/2020 (lom). Modified on 9/4/2020 (lom). (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
447	NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant filed by Petitioner Victor Sanchez Negron. (Attachments: # 1 Proposed Order) (Attorney Emily J Groendyke added to party Victor Sanchez Negron(pty:intvp)) (Groendyke, Emily) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
448	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Alejandro Jeronimo Osorio re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-K)(Barnett, Amanda) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
449	APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant 447 to September 28, 2020 filed by Petitioner Victor Sanchez Negron. (Attachments: # 1 Proposed Order) (Groendyke, Emily) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
450	RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Salvadore Chavez Gonzalez 359 filed by Intervenor Salvadore Chavez Gonzalez. (Attachments: # 1 Exhibit A - UPI Article Re ICE Arrests)(Trigilio, Joseph) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
451	SEALED DOCUMENT Daily Spreadsheet (September 4, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Barnett, Amanda) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
452	BAIL ORDER 436 by Judge Terry J. Hatter, Jr as to Joaz Lopez Garcia ["the Class Member]. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Joaz Lopez Garcia from custody within 72 hours of the filing of this order, and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release. See order for details. (lom) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
453	PROOF OF SERVICE filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Alejandro Jeronimo Osorio re Order 124 448, SEALED NOTICE OF MOTION AND MOTION re Bail Application Filed by Petitioner Rot Mythong re Order 124 443, Sealed Document 451, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Gabriel Espinoza Orejel re Order 124 445 served on September 4, 2020. (Barnett, Amanda) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
454	ORDER DENYING APPLICATION TO SHORTEN TIME TO HEAR MOTION 449 by Judge Terry J. Hatter, Jr. IT IS HEREBY ORDERED that the Application to shorten time to hear the motion to intervene filed by Victor Sanchez Negron is hereby DENIED. The motion will be taken under submission without oral argument as soon as it is fully briefed. (lom) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
455	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: SEALED NOTICE OF MOTION AND MOTION re Bail Application filed 434 436 443 445 448 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Response in Support of Motion. Other error(s) with document(s): Documents are not motion documents. If document supports a motion, see efiling event - Motions and Related Filings - Responses, Replies and Other Motion Related 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. (lom) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
456	ORDER 434 by Judge Terry J. Hatter, Jr. The Class Member shall prepare and deliver to Respondents a supplemental declaration setting forth the following. See order. Respondents shall have 2 business days from the date they are presented with the Class Member's supplemental declaration to prepare a supplemental opposition, if any. The supplemental opposition shall be transmitted to class counsel. Class counsel, then, may append a supplemental reply to the supplemental opposition, and then file the supplemental declaration, the supplemental opposition, if any, and the supplemental reply, if any, as a single document. The supplemental opposition and reply briefs shall each be no more than two pages. (lom) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
457	REPLY NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION to Dismiss Complaint for Declaratory and Injunctive Relief 320 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Mercado-Santana, Victor) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
458	REPLY in Support of NOTICE OF MOTION AND MOTION to Enforce PRELIMINARY INJUNCTION'S CDC GUIDANCE PROVISION 315 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration of Ahilan Arulanantham, # 2 Exhibit N, # 3 Exhibit O, # 4 Exhibit P, # 5 Exhibit Q, # 6 Exhibit R, # 7 Exhibit S, # 8 Exhibit T, # 9 Supplemental Declaration of Todd William Schneberk, M.D.)(Arulanantham, Ahilan) (Entered: 09/04/2020) 1 Declaration of Ahilan Arulanantham View on PACER 2 Exhibit N View on PACER 3 Exhibit O View on PACER 4 Exhibit P View on PACER 5 Exhibit Q View on PACER 6 Exhibit R View on PACER 7 Exhibit S View on PACER 8 Exhibit T View on PACER 9 Supplemental Declaration of Todd William Schneberk, M.D. View on PACER	Sept. 4, 2020	Sept. 4, 2020 PACER
459	NOTICE OF MOTION AND MOTION for Order for Modifying Petitioner Kelvin Hernandez Roman's Terms of Release filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Memorandum ISO Petitioners' Motion to Modify Petitioner Kelvin Hernandez Roman's Terms of Release, # 2 Declaration of Kelvin Hernandez Roman, # 3 Declaration of Michelle (Minju) Cho, # 4 Proposed Order) (Bansal, Jessica) (Entered: 09/07/2020) 1 Memorandum ISO Petitioners' Motion to Modify Petitioner Kelvin Hernandez Ro View on PACER 2 Declaration of Kelvin Hernandez Roman View on PACER 3 Declaration of Michelle (Minju) Cho View on PACER 4 Proposed Order View on PACER	Sept. 7, 2020	Sept. 7, 2020 PACER
460	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Lino Bernal re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-J)(Barnett, Amanda) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
461	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Robert Fernandez Ramirez re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-P)(Barnett, Amanda) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
462	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Emeterio Ticar Betiwan re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-H)(Barnett, Amanda) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
463	SEALED DOCUMENT / Daily Spreadsheet (September 8, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Barnett, Amanda) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
464	ORDER by Judge Terry J. Hatter, Jr. The Class Member shall prepare and deliver to Respondents another supplemental declaration setting forth his transportation plans from the detention facility in Florence, Arizona: Respondents shall have 2 business days from the date they are presented with the Class Member' s supplemental declaration to prepare a supplemental opposition, if any. The supplemental opposition shall be transmitted to class counsel. Class counsel, then, may append a supplemental reply to the supplemental opposition, and then file the supplemental declarations, the supplemental opposition, if any, and the supplemental reply, if any, as a single document. The supplemental opposition and reply briefs shall each be no more than two pages. (lom) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
465	BAIL ORDER 443 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Rot Mythong from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. See order for further details. (lom) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
466	BAIL ORDER 445 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Gabriel Espinoza Orejel from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. See order for details. (lom) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
467	BAIL ORDER 448 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Alejandro Jeronimo Osorio from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. See order for details. (lom) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
468	OPPOSITION to NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Daniel Varela Reyes 413 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Wilson, Sarah) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
469	PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Emeterio Ticar Betiwan re Order 124 462, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Lino Bernal re Order 124 460, Sealed Document 463, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Robert Fernandez Ramirez re Order 124 461 served on September 8, 2020. (Barnett, Amanda) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
470	SEALED DOCUMENT spreadsheet information for Roman class members re Order 124 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf.(Chen, Hans) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
471	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Jose Guadalupe Ruiz Solis re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-O)(Barnett, Amanda) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
472	BAIL ORDER 460 462 by Judge Terry J. Hatter, Jr. The Court has considered the bail applications for Lino Bernal Pena [dkt # 460] and Emeterio Ticar Betiwan [dkt # 462] [the Class Members], together with the moving and opposing papers. The Court finds that each of the Class Members has failed to establish, by a preponderance of the evidence, that he will not be a danger to public safety. It is Ordered that the bail applications 460 462 be, and hereby are, Denied. (lom) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
473	BAIL ORDER 461 by Judge Terry J. Hatter, Jr. The Court has considered the bail application for class member Roberto Ramirez Fernandez ["the Class Member"], together with the moving and opposing papers. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Roberto Ramirez Fernandez from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. See order for further details. (lom) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
474	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Armando Santiago Santiago re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-L)(Barnett, Amanda) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
475	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Mario Miranda Castro re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-K)(Barnett, Amanda) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
476	SEALED DOCUMENT Daily Spreadsheet (September 9, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Barnett, Amanda) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
477	PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Armando Santiago Santiago re Order 124 474, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Mario Miranda Castro re Order 124 475, Sealed Document 476, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Jose Guadalupe Ruiz Solis re Order 124 471 served on September 9, 2020. (Barnett, Amanda) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
478	Joint STIPULATION for Order to Modify Conditions of Release for Petitioner Rot Mythong filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration of Gabrielle Melville in Support, # 2 Declaration of Lisa K. Okamoto in Support, # 3 Proposed Order)(Barnett, Amanda) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
479	SEALED DOCUMENT Supplemental Response re SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Alejandro Jeronimo Osorio re Order 124 448, Order on Sealed Motion (Generic sealed motion type event), 467, Order 124 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Exhibit A - Declaration of Jose Gutierrez)(Chen, Hans) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
481	ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 131 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka, 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, 20-55662. At oral argument, the parties shall be prepared to address whether there is still a live controversy between the parties that this court can and should decide about the appropriateness of the particular population reduction requirements in the preliminary injunction and the dates by which such reductions had to be accomplished, given that the deadlines for release are now long past and the detainee population at Adelanto has significantly decreased since the district court entered the preliminary injunction. (car) (Entered: 09/10/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
480	SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Luis Yboy Flores re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-W)(Barnett, Amanda) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
482	SEALED DOCUMENT Daily Spreadsheet (September 10, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Barnett, Amanda) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
483	REPLY in support NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Daniel Varela Reyes 413 filed by Intervenor Daniel Alverto Varela Reyes. (Attachments: # 1 Ex. A - UPI Article re ICE Arrests)(Trigilio, Joseph) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
484	PROOF OF SERVICE filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Luis Yboy Flores re Order 124 480, Sealed Document 482 served on September 10, 2020. (Barnett, Amanda) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER

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Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 13, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Civil immigration detainees at the Adelanto Immigration and Customs Enforcement Processing Center, as well as those who were at the center any time between March 23, 2020 and the final disposition of the case

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Adelanto Detention Center (San Bernardino), County

ICE Los Angeles Field Office, Regional