Case: Fernandez-Rodriguez v. Licon-Vitale

Corrado Rizzi

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19615891)Document filed by Jonathan Medina, Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

Case Opening Initial Assignment Notice

CIVIL COVER SHEET filed..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

REQUEST FOR ISSUANCE OF SUMMONS as to Marti Licon-Vitale, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

MEMORANDUM OF LAW in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

MEMORANDUM OF LAW in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Appendix A - Petitioner Summary Chart).(Devlin-Brown, Arlo) (Entered: 04/28/2020)

1 Appendix A - Petitioner Summary Chart

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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)

DECLARATION of Deirdre D. von Dornum in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Email from David Patton to Nicole McFarland, # 2 Exhibit B - Email from Seth D. Eichenholtz to Deirdre von Dornum, # 3 Exhibit C - Letter from David Patton to Nicole McFarland, # 4 Exhibit D - Letter from Warden M. Licon-Vitale to David Patton).(Devlin-Brown, Arlo) (Entered: 04/28/2020)

1 Exhibit A - Email from David Patton to Nicole McFarland

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2 Exhibit B - Email from Seth D. Eichenholtz to Deirdre von Dornum

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3 Exhibit C - Letter from David Patton to Nicole McFarland

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4 Exhibit D - Letter from Warden M. Licon-Vitale to David Patton

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Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)

Case Designated ECF. (pne)

DECLARATION of Dr. Jonathan Giftos in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

DECLARATION of Cesar Fernandez-Rodriguez in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

ELECTRONIC SUMMONS ISSUED as to Marti Licon-Vitale..(pne) (Entered: 04/28/2020)

DECLARATION of Rober Galvez-Chimbo in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

DECLARATION of Sharon Hatcher in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

DECLARATION of Jonathan Medina in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

DECLARATION of James Woodson in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

ORDER re: 4 EMERGENCY MOTION for Order to Show Cause: The Court is in receipt of the petitioners' Proposed Order to Show Cause and Temporary Restraining Order, Doc. 4. The parties are directed to appear for a teleconference to consider the proposed temporary restraining order tomorrow, April 29, 2020, at 1:00 p.m. The parties may dial (877) 411-9748 and enter access code 302 9857 at that time. The petitioners are directed to serve a copy of this Order on the Office of the U.S. Attorney for the Southern District of New York via electronic mail by 6:00 p.m. today, April 28, 2020. (Telephone Conference set for 4/29/2020 at 01:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 4/28/2020) (jwh) (Entered: 04/28/2020)

NOTICE OF APPEARANCE by Andrew Arthur Ruffino on behalf of Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Ruffino, Andrew) (Entered: 04/29/2020)

NOTICE OF APPEARANCE by Alan Mark Vinegrad on behalf of Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Vinegrad, Alan) (Entered: 04/29/2020)

NOTICE OF APPEARANCE by Jean-David Barnea on behalf of Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 04/29/2020)

NOTICE OF APPEARANCE by Allison Rovner on behalf of Marti Licon-Vitale..(Rovner, Allison) (Entered: 04/29/2020)

CERTIFICATE OF SERVICE of Order and the underlying papers upon which it is based served on Marti Licon-Vitale on April 28, 2020. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/29/2020)

NOTICE OF APPEARANCE by Jessica Jean Hu on behalf of Marti Licon-Vitale..(Hu, Jessica) (Entered: 04/29/2020)

Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 4/29/2020. Counsel for Petitioners and Respondents appeared by telephone. The Court reserved its ruling regarding Petitioners' application for a temporary restraining order. A hearing will be held on May 4, 2020 at 1:00 PM. (jar)

ORDER: As stated on the record at the April 29, 2020 hearing, the parties are directed to appear for a status teleconference on Monday, May 4, 2020 at 1:00 p.m. The parties may dial (877) 411-9748 and enter access code 302 9857 at that time. It is SO ORDERED., ( Telephone Status Conference set for 5/4/2020 at 01:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/01/2020) (ama) (Entered: 05/01/2020)

LETTER addressed to Judge Edgardo Ramos from USA dated 5/1/20 re: Court Conference. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/01/2020)

LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 4, 2020 re: Respondent's May 1, 2020 Letter at ECF Dkt. No. 23. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Resume of Dr. Homer Venters).(Devlin-Brown, Arlo) (Entered: 05/04/2020)

1 Exhibit A - Resume of Dr. Homer Venters

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DECLARATION of Deirdre D. von Dornum in response to specific factual claims made by the MCC in the government's letter of May 1, 2020 at ECF Dkt. No. 23. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Woodson Denial of Compassionate Release).(Devlin-Brown, Arlo) (Entered: 05/04/2020)

1 Exhibit A - Woodson Denial of Compassionate Release

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Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 5/4/2020. Counsel for Petitioners and Respondents appeared by telephone. For the reasons stated on the record, Petitioners' application for a temporary restraining order is denied. The parties are directed to submit papers regarding site inspection by Wednesday, May 6, 2020. The parties are shall submit a joint case management plan by Thursday, May 7, 2020. (jar)

TRANSCRIPT of Proceedings re: CONFERENCE held on 4/29/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/5/2020. Release of Transcript Restriction set for 8/3/2020..(McGuirk, Kelly) (Entered: 05/05/2020)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/29/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/05/2020)

PROPOSED PROTECTIVE ORDER. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/06/2020)

PRIVACY ACT ORDER AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 5/6/2020) (cf) Modified on 5/6/2020 (cf). (Entered: 05/06/2020)

JOINT LETTER addressed to Judge Edgardo Ramos from AUSA Allison Rovner dated May 6, 2020 re: site inspection parameters. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 05/06/2020)

PROPOSED CASE MANAGEMENT PLAN. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/07/2020)

INSPECTION ORDER: The Court has reviewed the joint letter submitted by the parties on May 6, 2020, Doc. 30. The Court orders as follows: (As further set forth herein this Order.) It is SO ORDERED. (Signed by Judge Edgardo Ramos on 5/7/2020) (va) (Entered: 05/07/2020)

LETTER addressed to Judge Edgardo Ramos from Jessica Jean Hu dated May 7, 2020 re: MCC Response Date for Requests for Compassionate Release. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/07/2020)

CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: Fact Deposition due by 5/21/2020. All Discovery due by 5/28/2020. (Signed by Judge Edgardo Ramos on 5/7/2020) (mro) (Entered: 05/08/2020)

LETTER addressed to Judge Edgardo Ramos from Jessica Jean Hu dated May 8, 2020 re: Status Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/08/2020)

TRANSCRIPT of Proceedings re: CONFERENCE held on 5/4/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020..(McGuirk, Kelly) (Entered: 05/12/2020)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/4/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/12/2020)

JOINT LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/12/20 re: Inmate Depositions. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/12/2020)

MEMO ENDORSEMENT on re: 38 Letter filed by Marti Licon-Vitale. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 5/13/2020) (mro) (Entered: 05/13/2020)

LETTER addressed to Judge Edgardo Ramos from JESSICA JEAN HU dated May 13, 2020 re: Status Home Confinement Reviews. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/13/2020)

NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Marti Licon-Vitale. Document filed by Jonathan Medina. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Ruffino, Andrew) (Entered: 05/18/2020)

Notice to Court Regarding Voluntary Dismissal

***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 41 Notice of Voluntary Dismissal, was reviewed and referred to Judge Edgardo Ramos for approval for the following reason(s): only one plaintiff filed their voluntary dismissal against the defendant. (tp)

NOTICE OF VOLUNTARY DISMISSAL OF PETITIONER JONATHAN MEDINA PURSUANT TO RULE 41(a)(1)(A)(i): Please take notice that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Petitioner Jonathan Medina does hereby withdraw as a class representative in this action, and voluntarily dismisses, without prejudice, his claims asserted against Respondent. This notice is without prejudice to the claims asserted by the other Petitioners in this action on behalf of themselves and the putative class. Jonathan Medina (individually and on behalf of all others similarly situated) terminated. (Signed by Judge Edgardo Ramos on 5/18/2020) (mro) (Entered: 05/18/2020)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel to preclude petitioners from submitting testimony from late-identified inmates addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/18/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) Modified on 7/14/2020 (db). (Entered: 05/18/2020)

LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 19, 2020 re: 43 LETTER MOTION to Compel to preclude petitioners from submitting testimony from late-identified inmates addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/18/20. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/19/2020)

ORDER granting in part and denying in part 43 Letter Motion to Compel. The Court is in receipt of the petitioners' letter of May 19, 2020, Doc. 44. The respondent's application is GRANTED in part and DENIED in part. All declarations or statements from MCC inmates must be from inmates identified to the respondent by Friday, May 22, 2020. The respondent may depose any such inmate on or before May 28, 2020. (Signed by Judge Edgardo Ramos on 5/19/2020) (mro) (Entered: 05/19/2020)

Set/Reset Deadlines: Deposition due by 5/28/2020. (mro)

MOTION to Dismiss Certain Claims for Relief. Document filed by Marti Licon-Vitale. Responses due by 5/27/2020.(Hu, Jessica) (Entered: 05/20/2020)

MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/20/2020)

LETTER MOTION to Seal addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 26, 2020., LETTER MOTION for Leave to File Excess Pages addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 26, 2020. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/26/2020)

ORDER granting 48 Letter Motion to Seal; granting 48 Letter Motion for Leave to File Excess Pages: The application is GRANTED. The petitioners may file a memorandum of law of up to 30 pages. The petitioners may also file discovery documents designated as Protected Information under seal. The petitioners are directed to do so via ECF and need not do so via physical delivery. (Signed by Judge Edgardo Ramos on 5/26/2020) (jwh) (Entered: 05/26/2020)

MOTION for Preliminary Injunction . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. Return Date set for 6/2/2020 at 10:00 AM..(Devlin-Brown, Arlo) (Entered: 05/26/2020)

DECLARATION of Arlo Devlin-Brown in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1 - Facility Evaluation of the Metropolitan Correctional Center by Dr. Homer S. Venters, # 2 Exhibit 2 - Declaration of Cesar Fernandez_Rodriguez, dated April 27, 2020, # 3 Exhibit 3 - Declaration of Rober Galvez Chimbo, dated April 27, 2020, # 4 Exhibit 4 - Declaration of Sharon Hatcher, dated April 24, 2020, # 5 Exhibit 5 - Declaration of James Woodson, dated April 24, 2020, # 6 Exhibit 6 - Declaration of Vinicius Andrade, dated May 15, 2020, # 7 Exhibit 7 - Declaration of Robert Barnes, dated May 18, 2020, # 8 Exhibit 8 - Declaration of Armando Beniquez, dated May 26, 2020, # 9 Exhibit 9 - Declaration of Randolph Bourgoin, dated May 18, 2020, # 10 Exhibit 10 - Declaration of William Bradley, dated May 20, 2020, # 11 Exhibit 11 - Declaration of Terrell Brown, dated May 15, 2020, # 12 Exhibit 12 - Declaration of David Crosby, dated May 26, 2020, # 13 Exhibit 13 - Declaration of Franklyn Dansowah, dated May 21, 2020, # 14 Exhibit 14 - Declaration of Darius Davis, dated May 11, 2020, # 15 Exhibit 15 - Declaration of Tiffany Days, dated May 18, 2020, # 16 Exhibit 16 - Declaration of Manolo Dones, dated May 20, 2020, # 17 Exhibit 17 - Declaration of Michael Falu, dated May 8, 2020, # 18 Exhibit 18 - Declaration of Anthony Flynn, dated May 15, 2020, # 19 Exhibit 19 - Declaration of Carlos Garcia, dated May 13, 2020, # 20 Exhibit 20 - Declaration of Rodney Griffin, dated May 20, 2020, # 21 Exhibit 21 - Declaration of Chris Karimbux, dated May 19, 2020, # 22 Exhibit 22 - Declaration of Anthony Luna, dated May 18, 2020, # 23 Exhibit 23 - Declaration of Emil Matute, dated May 20, 2020, # 24 Exhibit 24 - Declaration of Richard Michel, dated May 18, 2020, # 25 Exhibit 25 - Declaration of Ahmad Jamal Naqvi, dated May 12, 2020, # 26 Exhibit 26 - Declaration of Carolyn Richardson, dated May 18, 2020, # 27 Exhibit 27 - Declaration of Adrienne Roberts, dated May 22, 2020, # 28 Exhibit 28 - Declaration of Joseph Schiliro, dated May 18, 2020, # 29 Exhibit 29 - Declaration of Antonio Smith, dated May 22, 2020, # 30 Exhibit 30 - Declaration of Jorge Soto, dated May 18, 2020, # 31 Exhibit 31 - Declaration of Nicolas Sucich, dated May 13, 2020, # 32 Exhibit 32 - Declaration of Tyler Toro, dated May 22, 2020, # 33 Exhibit 33 - Declaration of Wilbert Turner, dated May 18, 2020, # 34 Exhibit 34 - Declaration of Guillermo Zegarra-Martinez, dated May 18, 2020).(Devlin-Brown, Arlo) (Entered: 05/26/2020)

1 Exhibit 1 - Facility Evaluation of the Metropolitan Correctional Center by Dr.

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2 Exhibit 2 - Declaration of Cesar Fernandez_Rodriguez, dated April 27, 2020

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3 Exhibit 3 - Declaration of Rober Galvez Chimbo, dated April 27, 2020

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4 Exhibit 4 - Declaration of Sharon Hatcher, dated April 24, 2020

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5 Exhibit 5 - Declaration of James Woodson, dated April 24, 2020

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6 Exhibit 6 - Declaration of Vinicius Andrade, dated May 15, 2020

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7 Exhibit 7 - Declaration of Robert Barnes, dated May 18, 2020

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8 Exhibit 8 - Declaration of Armando Beniquez, dated May 26, 2020

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9 Exhibit 9 - Declaration of Randolph Bourgoin, dated May 18, 2020

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10 Exhibit 10 - Declaration of William Bradley, dated May 20, 2020

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11 Exhibit 11 - Declaration of Terrell Brown, dated May 15, 2020

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12 Exhibit 12 - Declaration of David Crosby, dated May 26, 2020

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13 Exhibit 13 - Declaration of Franklyn Dansowah, dated May 21, 2020

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14 Exhibit 14 - Declaration of Darius Davis, dated May 11, 2020

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15 Exhibit 15 - Declaration of Tiffany Days, dated May 18, 2020

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16 Exhibit 16 - Declaration of Manolo Dones, dated May 20, 2020

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17 Exhibit 17 - Declaration of Michael Falu, dated May 8, 2020

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18 Exhibit 18 - Declaration of Anthony Flynn, dated May 15, 2020

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19 Exhibit 19 - Declaration of Carlos Garcia, dated May 13, 2020

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20 Exhibit 20 - Declaration of Rodney Griffin, dated May 20, 2020

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21 Exhibit 21 - Declaration of Chris Karimbux, dated May 19, 2020

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22 Exhibit 22 - Declaration of Anthony Luna, dated May 18, 2020

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23 Exhibit 23 - Declaration of Emil Matute, dated May 20, 2020

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24 Exhibit 24 - Declaration of Richard Michel, dated May 18, 2020

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25 Exhibit 25 - Declaration of Ahmad Jamal Naqvi, dated May 12, 2020

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26 Exhibit 26 - Declaration of Carolyn Richardson, dated May 18, 2020

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27 Exhibit 27 - Declaration of Adrienne Roberts, dated May 22, 2020

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28 Exhibit 28 - Declaration of Joseph Schiliro, dated May 18, 2020

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29 Exhibit 29 - Declaration of Antonio Smith, dated May 22, 2020

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30 Exhibit 30 - Declaration of Jorge Soto, dated May 18, 2020

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31 Exhibit 31 - Declaration of Nicolas Sucich, dated May 13, 2020

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32 Exhibit 32 - Declaration of Tyler Toro, dated May 22, 2020

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33 Exhibit 33 - Declaration of Wilbert Turner, dated May 18, 2020

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34 Exhibit 34 - Declaration of Guillermo Zegarra-Martinez, dated May 18, 2020

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DECLARATION of Andrew A. Ruffino in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Ruffino, Andrew) (Entered: 05/26/2020)

MEMORANDUM OF LAW in Support re: 50 MOTION for Preliminary Injunction . . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/26/2020)

DECLARATION of Ishita Kala in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1 - Beaudouin Transcript, # 2 Exhibit 2 - Edge Transcript, # 3 Exhibit 3 -Fernandez Rodriguez Transcript, # 4 Exhibit 4 - Galvez-Chimbo Transcript, # 5 Exhibit 5 - Hatcher Transcript, # 6 Exhibit 6 - Hazlewood Transcript, # 7 Exhibit 7 - Licon-Vitale Transcript, # 8 Exhibit 8 - Sucich Transcript, # 9 Exhibit 9 - Woodson Transcript, # 10 Exhibit 10 - Photograph 1, # 11 Exhibit 11 - Photograph 2, # 12 Exhibit 12 - Photograph 3, # 13 Exhibit 13 - Photograph 4, # 14 Exhibit 14 - Photograph 5, # 15 Exhibit 15 - Photograph 6, # 16 Exhibit 16 - Photograph 7, # 17 Exhibit 17 - Photograph 8, # 18 Exhibit 18 - Photograph 9, # 19 Exhibit 19 - Photograph 10, # 20 Exhibit 20 - CDC Guidance, # 21 Exhibit 21 - AG Memo, # 22 Exhibit 22 - AG Memo, # 23 Exhibit 23 - Letter to Court, # 24 Exhibit 24 - BOP Memo, # 25 Exhibit 25 - Discovery Responses, # 26 Exhibit 26 - Licon-Vitale Memo, # 27 Exhibit 27 - Email compilation 1, # 28 Exhibit 28 - Email compilation 2, # 29 Exhibit 29 - Email compilation 3, # 30 Exhibit 30 - Email compilation 4, # 31 Exhibit 31 - Email compilation 5, # 32 Exhibit 32 - Quarantine Isolation Flowsheet, # 33 Exhibit 33 - BOP Memo April 22, # 34 Exhibit 34 - BOP Memo April 15, # 35 Exhibit 35 - Edge Email, # 36 Exhibit 36- Email compilation 6, # 37 Exhibit 37 - Health Services Activity Report, # 38 Exhibit 38 - BOP Memo April 3, # 39 Exhibit 39 - BOP Memo May 8, # 40 Exhibit 40 - Table, # 41 Exhibit 41 - Compilation of Rosters).(Kala, Ishita) (Entered: 05/27/2020)

1 Exhibit 1 - Beaudouin Transcript

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2 Exhibit 2 - Edge Transcript

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3 Exhibit 3 -Fernandez Rodriguez Transcript

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4 Exhibit 4 - Galvez-Chimbo Transcript

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5 Exhibit 5 - Hatcher Transcript

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6 Exhibit 6 - Hazlewood Transcript

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7 Exhibit 7 - Licon-Vitale Transcript

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8 Exhibit 8 - Sucich Transcript

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9 Exhibit 9 - Woodson Transcript

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10 Exhibit 10 - Photograph 1

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11 Exhibit 11 - Photograph 2

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12 Exhibit 12 - Photograph 3

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13 Exhibit 13 - Photograph 4

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14 Exhibit 14 - Photograph 5

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15 Exhibit 15 - Photograph 6

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16 Exhibit 16 - Photograph 7

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17 Exhibit 17 - Photograph 8

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18 Exhibit 18 - Photograph 9

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19 Exhibit 19 - Photograph 10

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20 Exhibit 20 - CDC Guidance

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21 Exhibit 21 - AG Memo

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22 Exhibit 22 - AG Memo

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23 Exhibit 23 - Letter to Court

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24 Exhibit 24 - BOP Memo

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25 Exhibit 25 - Discovery Responses

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26 Exhibit 26 - Licon-Vitale Memo

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27 Exhibit 27 - Email compilation 1

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28 Exhibit 28 - Email compilation 2

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29 Exhibit 29 - Email compilation 3

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30 Exhibit 30 - Email compilation 4

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31 Exhibit 31 - Email compilation 5

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32 Exhibit 32 - Quarantine Isolation Flowsheet

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33 Exhibit 33 - BOP Memo April 22

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34 Exhibit 34 - BOP Memo April 15

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35 Exhibit 35 - Edge Email

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36 Exhibit 36- Email compilation 6

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37 Exhibit 37 - Health Services Activity Report

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38 Exhibit 38 - BOP Memo April 3

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39 Exhibit 39 - BOP Memo May 8

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40 Exhibit 40 - Table

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41 Exhibit 41 - Compilation of Rosters

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***SELECTED PARTIES***DECLARATION of Ishita Kala in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson, Marti Licon-Vitale. (Attachments: # 1 Errata 1 - Beaudouin Transcript, # 2 Exhibit 2 - Edge Transcript, # 3 Exhibit 3 - Fernandez Rodriguez Transcript, # 4 Exhibit 4 - Galvez-Chimbo Transcript, # 5 Exhibit 5 - Hatcher Transcript, # 6 Exhibit 6 - Hazlewood Transcript, # 7 Exhibit 7 - Licon-Vitale Transcript, # 8 Exhibit 8 - Sucich Transcript, # 9 Exhibit 9 - Woodson Transcript, # 10 Exhibit 10 - Photograph 1, # 11 Exhibit 11 - Photograph 2, # 12 Exhibit 12 - Photograph 3, # 13 Exhibit 13 - Photograph 4, # 14 Exhibit 14 - Photograph 5, # 15 Exhibit 15 - Photograph 6, # 16 Exhibit 16 - Photograph 7, # 17 Exhibit 17 - Photograph 8, # 18 Exhibit 18 - Photograph 9, # 19 Exhibit 19 - Photograph 10, # 20 Exhibit 20 - CDC Guidance, # 21 Exhibit 21 - AG Memo, # 22 Exhibit 22 - AG Memo, # 23 Exhibit 23 - Letter to Court, # 24 Exhibit 24 - BOP Memo, # 25 Exhibit 25 - Discovery Responses, # 26 Exhibit 26 - Licon-Vitale Memo, # 27 Exhibit 27 - Email compilation 1, # 28 Exhibit 28 - Email compilation 2, # 29 Exhibit 29 - Email compilation 3, # 30 Exhibit 30 - Email compilation 4, # 31 Exhibit 31 - Email compilation 5, # 32 Exhibit 32 - Quarantine Isolation Flowsheet, # 33 Exhibit 33 - BOP Memo April 22, # 34 Exhibit 34 - BOP Memo April 15, # 35 Exhibit 35 - Edge Email, # 36 Exhibit 36 - Email compilation 6, # 37 Errata 37 - Health Services Activity Report, # 38 Exhibit 38 - BOP Memo April 3, # 39 Exhibit 39 - BOP Memo May 8, # 40 Exhibit 40 - Table, # 41 Exhibit 41 - Compilation of Rosters)Motion or Order to File Under Seal: 49 .(Kala, Ishita) (Entered: 05/27/2020)

ORDER: A status conference will be held on May 29, 2020 at 2:00 p.m. The parties are instructed to call (877) 411-9748 and type in the access code 3029857. The principal subject of the status conference will be logistics for the preliminary injunction hearing to be held on June 2, 2020. (Telephone Conference set for 5/29/2020 at 02:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/27/2020) (jwh) (Entered: 05/27/2020)

MEMORANDUM OF LAW in Opposition re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/27/2020)

LETTER MOTION for Leave to File Excess Pages addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/29/20., LETTER MOTION to Seal Certain Exhibits addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/29/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/29/2020)

MEMORANDUM OF LAW in Opposition re: 50 MOTION for Preliminary Injunction . . Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/29/2020)

DECLARATION of AUSA Jean-David Barnea in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit Licon-Vitale Letter, # 2 Exhibit Licon-Vitale Memo).(Barnea, Jean-David) (Entered: 05/29/2020)

1 Exhibit Licon-Vitale Letter

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2 Exhibit Licon-Vitale Memo

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DECLARATION of Dr. Robert Beaudouin in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22).(Barnea, Jean-David) (Entered: 05/29/2020)

1 Exhibit 1

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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22 Exhibit 22

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DECLARATION of Neal Sandy in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/29/2020)

***SELECTED PARTIES***DECLARATION of Neal Sandy in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Motion or Order to File Under Seal: 58 .(Barnea, Jean-David) (Entered: 05/29/2020)

DECLARATION of Patrick Mcfarland in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/29/2020)

DECLARATION of Schnahider Demosthenes in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7).(Hu, Jessica) (Entered: 05/29/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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DECLARATION of Charisma Edge in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22).(Rovner, Allison) (Entered: 05/29/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 8

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8 Exhibit 9

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9 Exhibit 10

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10 Exhibit 11

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11 Exhibit 12

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12 Exhibit 13

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13 Exhibit 14

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14 Exhibit 15

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15 Exhibit 16

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16 Exhibit 17

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17 Exhibit 18

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18 Exhibit 19

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19 Exhibit 20

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20 Exhibit 21

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21 Exhibit 22

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***SELECTED PARTIES***DECLARATION of Charisma Edge in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 7-Part 1, # 2 Exhibit 7-Part 2, # 3 Exhibit 7-Part 3)Motion or Order to File Under Seal: 58 .(Rovner, Allison) (Entered: 05/29/2020)

Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 5/29/2020. Plaintiffs' and Defendant's counsel appeared by telephone. A motion hearing will be held on June 2, 2020. (jar)

DECLARATION of AUSA Allison M. Rovner in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1.1, # 3 Exhibit 1.2, # 4 Exhibit 1.3, # 5 Exhibit 1.4, # 6 Exhibit 2, # 7 Exhibit 2.2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11).(Rovner, Allison) (Entered: 05/30/2020)

1 Exhibit 1

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2 Exhibit 1.1

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3 Exhibit 1.2

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4 Exhibit 1.3

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5 Exhibit 1.4

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6 Exhibit 2

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7 Exhibit 2.2

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8 Exhibit 3

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10 Exhibit 5

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11 Exhibit 6

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12 Exhibit 7

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13 Exhibit 8

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14 Exhibit 9

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15 Exhibit 10

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16 Exhibit 11

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***SELECTED PARTIES***DECLARATION of AUSA Allison M. Rovner in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 2.1, # 2 Exhibit 12)Motion or Order to File Under Seal: 58 .(Rovner, Allison) (Entered: 05/30/2020)

SCHEDULING ORDER: A preliminary injunction hearing is set for June 2, 2020 at 10:00 a.m. The conference will be hosted on Skype for Business and will be open to the public. Counsel intending to speak at the conference should e-mail the Court 24 hours before the conference to receive a link to join the video call. Non-speaking parties, the public, and the press may dial (877) 411-9748 and enter Conference ID: 3029857 to listen to the proceedings. (Signed by Judge Edgardo Ramos on 6/1/2020) (jar) (Entered: 06/01/2020)

ORDER granting 58 Letter Motion for Leave to File Excess Pages; granting 58 Letter Motion to Seal. The application is GRANTED. The respondent may file certain exhibits to its forthcoming opposition to the petitioner's motion for a preliminary injunction under seal. She may provide a courtesy copy of the unsealed documents to Chambers via email. The respondent is further allowed to submit a memorandum of law of no more than 45 pages. The petitioners may submit a reply of no more than 20 pages. (Signed by Judge Edgardo Ramos on 5/29/2020) (mro) (Entered: 06/01/2020)

NOTICE of Filing of rebuttal declaration of Petitioners expert witness Dr. Homer S. Venters. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit A - Venters Rebuttal Report and Exhibits).(Devlin-Brown, Arlo) (Entered: 06/01/2020)

1 Exhibit A - Venters Rebuttal Report and Exhibits

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REPLY MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 06/01/2020)

REPLY MEMORANDUM OF LAW in Support re: 50 MOTION for Preliminary Injunction . . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/01/2020)

Minute Entry for proceedings held before Judge Edgardo Ramos: Oral Argument held on 6/2/2020 re: 50 MOTION for Preliminary Injunction filed by Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson. The Court reserves its decision. (jar)

LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/5/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/05/2020)

LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 8, 2020 re: Petitioners response to Respondent's 6/5/20 letter regarding supplemental authorities. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/08/2020)

LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/9/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit Chunn Decision, # 2 Exhibit Wilson Decision).(Barnea, Jean-David) (Entered: 06/09/2020)

1 Exhibit Chunn Decision

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2 Exhibit Wilson Decision

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LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 10, 2020 re: Response to Respondent's letter regarding Supplemental Authorities. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/10/2020)

LETTER MOTION for Extension of Time to File Response/Reply as to 1 Petition for Writ of Habeas Corpus, and to inform the Court that the parties are not able to agree on settlement addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/16/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/16/2020)

LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/16/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/16/2020)

LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 17, 2020 re: Response to Respondent's 6/16/20 letter regarding Supplemental Authorities. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/17/2020)

TRANSCRIPT of Proceedings re: CONFERNECE held on 6/2/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/16/2020..(McGuirk, Kelly) (Entered: 06/18/2020)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 6/2/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 06/18/2020)

LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 18, 2020 re: Supplemental Authority. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit A - Banks Opinion, # 2 B - Banks Order).(Devlin-Brown, Arlo) (Entered: 06/18/2020)

1 Exhibit A - Banks Opinion

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2 B - Banks Order

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ORDER granting 79 Letter Motion for Extension of Time to File Response/Reply. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 06/19/2020)

LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 6/19/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/19/2020)

Order on Motion for Extension of Time to File Response/Reply

LETTER addressed to Judge Edgardo Ramos from AUSA Allison Rovner dated June 22, 2020 re: Response to Petitioners' June 18, 2020 letter regarding Supplemental Authority. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 06/22/2020)

LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 7/2/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 07/02/2020)