Case: Gayle v. Meade

1:20-cv-21553 | U.S. District Court for the Southern District of Florida

Filed Date: April 13, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This class action lawsuit for declaratory, injunctive and habeas relief, brought on behalf of detainees in civil immigration detention at three ICE detention centers in Florida. The petitioners sought a writ of habeas corpus, requesting the immediate release of all individuals in custody, as well as a declaration that continued detention violated the Due Process Clause, and an order prohibiting the respondents from placing new detainees in detention. The court partially grante…

COVID-19 Summary: This class action lawsuit for declaratory, injunctive and habeas relief, brought on behalf of detainees in civil immigration detention at three ICE detention centers in Florida. The petitioners sought a writ of habeas corpus, requesting the immediate release of all individuals in custody, as well as a declaration that continued detention violated the Due Process Clause, and an order prohibiting the respondents from placing new detainees in detention. The court partially granted the petitioners’ temporary restraining order, ordering ICE to implement CDC sanitation guidelines and to review detainees for potential release, and then on June 6, granted a preliminary injunction. On July 17, the court appointed a Special Master to oversee compliance, adopting his recommendations in March 2021. Also in March 2021, plaintiffs became aware of a vaccination plan defendants had received in January but had not presented to the court. By April 13, 2021, the parties had reached a settlement agreement, the terms of which will remain in place for six months following the final order in this case. On December 23, 2021, the court accepted the settlement agreement and retained jurisdiction to enforce its provisions.


On April 13, 2020, a group of 34 civil immigration detainees at three Florida detention centers within the jurisdiction of the Miami Field Office of U.S. Immigration and Customs Enforcement (“ICE”) filed this federal class action lawsuit and petition for a writ of habeas corpus in the U.S. District Court for the Southern District of Florida. Petitioners were represented by University of Miami School of Law’s immigration clinic, the Southern Poverty Law Center, Rapid Defense Network, Legal Aid Service of Broward County, and private counsel. Petitioner-plaintiffs ("the petitioners") challenged the detention of noncitizens in South Florida as the spread of COVID-19 in ICE detention centers. The petitioners' cause of action arose under the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1101 et seq.; the Administrative Procedure Act (“APA”), 5 U.S.C §§ 701 et seq.; and the federal habeas statute, 28 U.S.C. § 2441. The case was assigned to Judge Marcia G. Cooke and referred to Magistrate Judge Jonathan Goodman.

First, the petitioners alleged that their Fifth Amendment Due Process rights were violated when the respondents failed to follow the CDC guidelines for social distancing, disinfecting, or recommended hygiene practices. They alleged that ICE’s 2011 Performance-Based National Detention Standards (“PBNDS”) and National Detention Standards (”NDS”) required the respondents to follow CDC guidelines, and that a failure to do so violated the APA and the Due Process Clause. Second, the petitioners alleged that the respondents’ continued detention of the petitioners was excessive in relation to any government purpose and that the petitioners were deliberately indifferent to their health and safety, which was a violation of their Due Process rights. Third, the petitioners alleged that their detention violated the Fifth Amendment Due Process Clause because respondents affirmatively subjected petitioners to an unreasonable risk of danger with deliberate indifference to employing policies that drastically increased the risk of petitioners’ contracting COVID-19.

The petitioners sought to certify a class of all individuals in civil immigration detention, as of April 13, 2020, at three Florida detention centers: Krome Service Processing Center, Broward Transitional Center, and Glades County Detention Center. Petitioners also sought to certify the following subclasses: - Sub-class A: detained individuals with a stable location and/or place of residency in which they can self-quarantine and practice social distancing and hygiene pursuant to the CDC guidelines and Exec. Order No. 20-91 upon release. - Sub-class B: all other detained individuals without access to a stable location and/or place of residency in which they can self-quarantine and practice social distancing and hygiene pursuant to CDC guidelines and Exec. Order No. 20-91 upon release.

The petitioners sought a writ of habeas corpus for immediate release of all individuals in the custody of ICE's three Florida detention centers, as well as declaratory and injunctive relief against unconstitutional conditions of confinement. On the same day, the petitioners also filed an emergency motion for a temporary restraining order and a motion for a preliminary injunction. They requested the court to enjoin the respondents from transferring detainees in or out of the three detention centers and to order the respondents to implement CDC health guidelines and protocols, and to release petitioners into community-based alternatives to detention. On April 22, 2020, Magistrate Judge Goodman recommended the court grant in part the petitioners’ motion for a temporary restraining order and recommended 13 specific measures the court could take. 2020 WL 1949737. The court adopted in part Magistrate Judge Goodman's Report and Recommendation on April 30, 2020. 2020 WL 2086482.

The court ordered ICE to: (1) evaluate each of the named petitioners consistent with its regulations and inform the court which of the petitioners could be released by May 7, 2020; (2) submit a report by May 3, 2020 describing how it intends to accelerate its review of its protocols resulting in release of detained individuals with the goal of reducing the population to 75% of capacity by May 14, 2020; (3) file weekly reports every Friday with information on the detained individuals ICE is releasing; (4) file twice-weekly reports containing information on the detained individuals remaining in custody; (5) comply “immediately” with the CDC and ICE guidelines on providing adequate amounts of soap, water, and cleaning materials. ICE must have provided masks by May 2, 2020; and (6) provide appropriate training to its staff and detained individuals on the risks of COVID-19.

Judge Cooke clarified the April 30 temporary restraining order on May 2, 2020, stating that the order included all named petitioners in the action and that ICE could still transfer detainees from all three facilities after first evaluating them and determining their eligibility for release. 2020 WL 2203576. On May 15, 2020, the court extended the temporary restraining order for an additional 14 days pending Magistrate Judge Goodman's Report and Recommendations on petitioners' motion for class certification and further hearing on the matter. On May 20, 2020, the petitioners filed a motion to compel compliance with the court's temporary restraining order, alleging that ICE had failed to comply with the court's order and CDC guidelines. On May 22, 2020, Magistrate Judge Goodman recommended that Judge Cook grant the class certification for the claims concerning conditions of confinement and for declaratory relief, but deny it for habeas corpus claims for release stating that those claims did not meet the commonality element because each release decision requires individual evaluation. The court held a remote hearing on the motion to compel and on May 28, Judge Cooke extended the temporary restraining order from April 30 for another seven days.

On May 29, Magistrate Judge Goodman recommended the court deny the motion for class certification as to the requests for release, but grant class certification as to the other claims. Both parties filed objections to this report on June 3. On June 6, Judge Cooke certified the class as "all current civil immigration detainees who are now held by ICE at Krome, BTC, and Glades when this action was filed, since this action was filed, or in the future." Judge Cooke granted the preliminary injunction, requiring ICE to comply with all ICE and CDC guidelines, including providing soap, hand sanitizer, and masks to detainees, and to limit transportation. The injunction also required ICE to educate detainees on mask-wearing and other prevention and to submit weekly reports to the court regarding the number of detainees being held and their detention status. 106 Fed.R.Serv.3d 1595. On June 16, the plaintiffs filed a motion to compel compliance with the June 6 order, stating that the facilities were not implementing social distancing and not educating detainees on the importance of masks. On July 5, the court granted the motion to compel compliance and appointed a Special Master, Michael B. Chavies of Akerman LLP, "to assess whether ICE is committing an ongoing violation of the detainees’ constitutional rights.” The Special Master would have the authority to request any records, physically inspect the three facilities and take photos and videos of the conditions inside. The court vacated that order the following day and didn't issue another order on the motion until July 17, this time appointing Matthew C. Dates of Stearns Weaver Miller Weissler Alhadeff & Sitterson P.A. as Special Master instead. 2020 WL 4047334.

Between July and September, several plaintiffs moved for release or home confinement, but none of the motions were granted. Several individuals also successfully moved to intervene. On January 4, 2021, defendants filed a motion for summary judgment arguing that they are entitled to summary judgment on plaintiffs’ deliberate indifference claim because they've acted reasonably to implement measures to prevent the spread of COVID-19 at Krome, BTC, and Glades. As to the due process claim, they argue it should be dismissed for failure to state a claim since the CDC Guidelines are not regulations with the force and effect of law. Finally, they argue that the state created danger claim also fails to state a claim for the same reason that the deliberate indifference claim fails. Plaintiffs responded on February 2, 2021, alleging that defendants ignored substantial evidence, including evidence recognized by the court in previous rulings, that contradict their claims for why summary judgment should be granted. On January 21, 2021, the court denied an emergency motion to intervene for a plaintiff that had been deported to Guatemala. The Court held that it did not retain jurisdiction over class members that had been deported out of the United States, so the motion to intervene was moot. On February 8, 2021, the court ordered that the Special Master give plaintiffs' counsel full access to his report on or before February 19, 2021, and file a redacted version of the Special Master’s report and recommendations on CM/EMF. This report details the investigations that the Special Master made during the summer of 2020 into the conditions at these facilities. On February 26, the plaintiff's filed a partial objection to the special master's report and recommendation, in which they pointed out that the report did not address one of the issues that the plaintiffs pointed out, namely that the facility was placing people who had tested positive for COVID-19 together with those who had not tested positive for COVID-19. On March 26, 2021, based on this report, the court issued an order denying in part and granting in part the petitioner's emergency motion to compel compliance with the courts June 6, 2020, preliminary injunction. This order affirmed and adopted the Special Masters report and its recommendations, which included defendants addressing their lack of proper social distancing. On March 24, 2021, the court issued an order denying respondents' motion for reconsideration of the court's grant of a preliminary injunction.

Throughout the spring of 2021, discovery and attempts at mediation remained ongoing as plaintiffs filed for release or to remove themselves from the case as their circumstances changed. Specifically, on April 7, 2021, Magistrate Judge Jonathan Goodman issued a Report and Recommendation on plaintiff's request for a second rule 30(b)(6) deposition in which he recommended that their request be granted. Plaintiffs requested this second deposition in response to the fact that defendants had received a formal, written vaccination plan, effective January 25, 2021, but which plaintiffs did not become aware of until March 9, 2021. Defendants filed several motions with the court between January and March but failed to give any indication that this plan existed, despite its relevance to plaintiffs' core allegation that defendants are, and have been, deliberately indifferent to plaintiffs’ medical and health risks from the COVID-19 virus. On April 11, Judge Cooke issued an order adopting Judge Goodman's report and recommendations. The 30(b)(6) depositions were limited to two hours per designee and had to be taken by April 19, 2021. Additionally, on April 12, Judge Cooke ordered that on or before April 19, the parties update her on whether the case would be mooted if ICE vaccinated the detainees at all of the facilities at issue in this case.

On April 13, 2021, the parties issued a joint notice of a proposed settlement agreement, and a motion to suspend all pretrial deadlines and the trial date. Defendants also filed an unopposed motion to seal proposed settlement agreement, which was granted on April 16. On April 16, 2021, the court issued an order administratively closing the case, since the parties had reached a proposed settlement agreement. All pending motions were denied as moot, and all pretrial deadlines and the trial date were canceled. On April 23, a status report was issued detailing the vaccinations of detainees that were taking place at Glades Detention Center and Broward Transitional Center. Defendants continued to provide first bi-weekly, then monthly status reports detailing the vaccinations of detainees from late April through August 2021. On June 28, 2021, the parties filed a settlement agreement under seal and filed a joint motion for preliminary approval of settlement agreement and scheduling of fairness hearing. On June 29, defendants filed a motion to unseal the settlement agreement, and on July 3, all of these motions were referred to Judge Jonathan Goodman, who granted the order to unseal the settlement agreement on July 6. Under the terms of the settlement agreement:

  1. members of the class retained the right to pursue individual habeas petitions and motions for release;
  2. detention facilities were to comply with all current, applicable ICE Pandemic Response Requirements (PRR) and Center for Disease Control (CDC) Guidelines;
  3. the COVID-19 Vaccination Guidelines and Protocol were to be fully implemented, and vaccinations for both COVID-19 and seasonal influenza were to be made freely available free of charge at all three detention facilities involved in this suit;
  4. the detention facilities were to provide educational materials on COVID-19 vaccination and safety precautions in multiple appropriate languages;
  5. limits were placed on the population density allowed at these facilities, and it was ordered that social distancing would be maintained whenever possible, the facilities would implement proper testing and quarantine procedures, and the facilities would keep residents informed of any ongoing quarantining efforts;
  6. staff were to take all necessary cleaning and sanitation precautions around the facility, especially when transferring the use of objects between detainees and during mealtimes;
  7. the detention facilities were to provide unlimited soap and hand sanitizer and appropriate masks to all detainees at no cost and all staff were required to wear PPE when interacting with ICE detainees;
  8. the detention facilities were to maintain all existing limitations on transfers, as required by the ICE PRR and the preliminary injunction, and were to implement proper testing and safety guidelines before and during the transfer of a detainee;
  9. detainees were to be provided with instructions in their primary language about how they could request and receive their own medical records, and as long as social visitation was not allowed, all detainees were to have access to telephones and/or other electronic devices for standard (audio) and/or video calling;
  10. defendants were to continue making their weekly certification regarding the detention population.

These terms were set to remain in place for six months following the entry of the final order, or until each detainee who was remaining in one of the detention facilities at the time the final order was entered had been given an opportunity to be vaccinated. Both sides could petition to adjust the agreement as the situation related to COVID-19 developed and changed. A status hearing was held on July 14, and the court ordered the parties file to an amended motion for preliminary approval of the settlement agreement with a proposed report and recommendations by August 9, 2021. This report was filed on August 9, recommending that the court grant the joint motion for preliminary approval of settlement agreement and scheduling of a fairness hearing. Defendants filed an objection on August 11, and plaintiffs filed a response to that objection on August 16. On September 14, 2021, the court issued an order adopting the report and recommendation, and on September 20, a fairness hearing was scheduled for October 29, 2021.

On December 3, 2021, Magistrate Judge Goodman issued a Report and Recommendation recommending that the court grant final approval of the settlement agreement and retain jurisdiction to enforce its terms. 2021 WL 6101368. In a December 23 order, Judge Cooke affirmed and adopted the report and granted final approval of the settlement while retaining jurisdiction. 2021 WL 6072820.

Summary Authors

Elena Malik (5/20/2020)

Caitlin Kierum (7/5/2020)

Chandler Hart-McGonigle (11/26/2020)

Tessa McEvoy (10/6/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17063308/parties/gayle-v-field-office-director-miami-field-office/


Judge(s)

Cooke, Marcia G. (Florida)

Goodman, Jonathan (Florida)

Attorneys(s) for Plaintiff

Alcaro, Gregory Vincent (Florida)

Bell, Drew Thompson (Texas)

Berlow-Lehner, Lisa M (Florida)

Cariglio, Gennaro Jr (Florida)

Chavez, Paul R (California)

Copeland, Gregory Paul (New York)

Dominguez, Anthony Richard (Florida)

Edson, Scott Michael (District of Columbia)

Judge(s)

Cooke, Marcia G. (Florida)

Goodman, Jonathan (Florida)

Attorneys(s) for Plaintiff

Alcaro, Gregory Vincent (Florida)

Bell, Drew Thompson (Texas)

Berlow-Lehner, Lisa M (Florida)

Cariglio, Gennaro Jr (Florida)

Chavez, Paul R (California)

Copeland, Gregory Paul (New York)

Dominguez, Anthony Richard (Florida)

Edson, Scott Michael (District of Columbia)

Fleischman, Maia (Florida)

Gillman, Sarah Telo (New York)

Hujber, Richard Arpad (Florida)

Lehman, Kathryn Stewart (Georgia)

Lerner, Romy Louise (Florida)

Montavon−McKillip, Andrea (Florida)

Norris, Allison (Florida)

Osberg-Braun, Linda Marguerite (Florida)

Peterson, Chad Andrew (Georgia)

Prada, Mark Andrew (Florida)

Sharpless, Rebecca (Florida)

Attorneys(s) for Defendant

Barr, William P. (District of Columbia)

Celone, Michael Anthony (District of Columbia)

Diaz, Natalie (Florida)

Gonzalez, Juan Antonio (Florida)

Lee, Dexter (Florida)

Orshan, Ariana Fajardo (Florida)

Quintana, Kayla Keller (Florida)

Other Attorney(s)

Arias, Maggie (Florida)

Armada, Francisco (Florida)

Berger, Mitchell Wayne (Florida)

Kegerreis, Sharon L (Florida)

Keller, Kayla Nicole (Florida)

Kilissanly, Megan Nicole (Florida)

Klco, Sara Michele (Florida)

Perdomo, Erica (Florida)

Pereira, Eduardo Xavier (Florida)

Ross, Ian M (Florida)

Trese, Patrick Farrell (Florida)

Expert/Monitor/Master

Coberly, Jennifer Rae (Florida)

Dates, Matthew Clarence (Florida)

Greer, Pedro Jr (Florida)

Shin, Joseph (New York)

Documents in the Clearinghouse

Document

1:20-cv-21553

Docket [PACER]

Gayle v. Field Office Director Miami Field Office

Sept. 27, 2021

Sept. 27, 2021

Docket
1, 1-2, 1-3

1:20-cv-21553

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

April 13, 2020

April 13, 2020

Pleading / Motion / Brief
4

1:20-cv-21553

Petitioners Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction for Proposed Class and Incorporated Memorandum of Law

April 13, 2020

April 13, 2020

Pleading / Motion / Brief
63

1:20-cv-21553

Report and Recommendations on Emergency Motion for Injunctive Relief

April 22, 2020

April 22, 2020

Magistrate Report/Recommendation
76

1:20-cv-21553

Order Adopting in Part Magistrate Judge's Report and Recommendation

April 30, 2020

April 30, 2020

Order/Opinion
78

1:20-cv-21553

Order on Petitioners' Motion for Clarification

May 2, 2020

May 2, 2020

Order/Opinion
81

1:20-cv-21553

Petitioners-Plaintiffs' Expedited Motion for Class Certification, Request for Expedited Consideration, and Memorandum of Law in Support

May 5, 2020

May 5, 2020

Pleading / Motion / Brief
92

1:20-cv-21553

Respondents' Opposition to Motion for Class Certification

May 9, 2020

May 9, 2020

Pleading / Motion / Brief
94, 94-1

1:20-cv-21553

Reply in Support of Motion for Class Certification

May 12, 2020

May 12, 2020

Pleading / Motion / Brief
103

1:20-cv-21553

Petitioners-Plaintiffs' Memorandum Regarding Money v. Pritzker in Response to Post-Hearing Administrative Order

May 18, 2020

May 18, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17063308/gayle-v-field-office-director-miami-field-office/

Last updated Aug. 27, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 and Complaint. Filing fee $ 5.00 receipt number AFLSDC-12733241, filed by Patrick Gayle. (Attachments: # 1 Exhibit Notice of Related Case, # 2 Exhibit Dr. Shin Declaration, # 3 Exhibit Dr. Greer Declaration, # 4 Appendix I, # 5 Exhibit Motion for Emergency Hearing, # 6 Civil Cover Sheet, # 7 Exhibit Emergency Motion for Temporary Restraining Order, # 8 Text of Proposed Order, # 9 Exhibit Motion to Exceed Page Limitation, # 10 Text of Proposed Order, # 11 Summon(s))(Sharpless, Rebecca) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER

Clerk's Notice of Judge Assignment and Optional Consent

April 13, 2020

April 13, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 13, 2020

April 13, 2020

PACER
2

Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. (ebz) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
3

MOTION FOR EMERGENCY HEARING by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. (ebz) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
4

PETITIONERS EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION FOR PROPOSED CLASS AND INCORPORATED MEMORANDUM OF LAW (Responses due by 4/27/2020). by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. (ebz) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

RECAP
5

NOTICE of Attorney Appearance by Noticing INS Attorney on behalf of Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General. (asl) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
6

Summons Issued as to Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General, U.S. Attorney and U.S. Attorney General (ebz) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
7

APPENDIX to 1 Application/Petition (Complaint) for Writ of Habeas Corpus,, 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza (Prada, Mark) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
8

APPENDIX to 1 Application/Petition (Complaint) for Writ of Habeas Corpus,, Appendix II, Detainee Declarations by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza (Attachments: # 1 Appendix Appendix II: Detainee Declarations)(Dominguez, Anthony) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
9

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory Copeland. Filing Fee $ 200.00 Receipt # AFLSDC-12735426 by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. Responses due by 4/27/2020 (Prada, Mark) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
10

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sarah Gillman. Filing Fee $ 200.00 Receipt # AFLSDC-12735443 by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. Responses due by 4/27/2020 (Prada, Mark) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
11

ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Motions referred to Judge Jonathan Goodman. Signed by Judge Marcia G. Cooke on 4/13/2020. See attached document for full details. (kou) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
12

ENDORSED ORDER Regarding Phone Calls to Chambers. The following rules apply in this and all other civil matters pending before Judge Marcia G. Cooke: 1. Do not call Chambers to ask about the status of pending motions, including motions for extension of time. The Court is aware of all pending motions and will address each of them in due course. 2. Do not call Chambers if the information you seek, or seek to provide, can be conveyed through a filing on the docket. 3. Do not call Chambers if the information you seek is available from other sources, including Court Orders and the Local Rules. 4. If you call Chambers for a permissible purpose, counsel for all affected parties must be on the line. Calls from non-attorneys and ex parte calls will not be accepted. Signed by Judge Marcia G. Cooke on 4/13/2020. (kou) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
13

PAPERLESS ORDER granting 9, 10 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Gregory Copeland and Sarah Gillman. Signed by Magistrate Judge Jonathan Goodman on 4/14/2020. (jzn) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

Order on Motion to Appear Pro Hac Vice

April 14, 2020

April 14, 2020

PACER

Order Setting Status Conference

April 14, 2020

April 14, 2020

PACER

Order Referring Motion

April 14, 2020

April 14, 2020

PACER

Order Setting Hearing on Motion

April 14, 2020

April 14, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 14, 2020

April 14, 2020

PACER
14

ENDORSED ORDER REFERRING 3 Motion for Hearing and 4 Motion for Temporary Restraining Order. Motions referred to Judge Jonathan Goodman. Signed by Judge Marcia G. Cooke on 4/14/2020. (kou) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
15

PAPERLESS ORDER Setting Emergency Telephonic Status Conference for 4/14/2020 at 4:15 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Attendance may be made by following the call-in procedures: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack landline access, so those attorneys may use cell phones without placing them on mute. Cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. Counsel should be prepared to discuss an expedited briefing schedule and the scheduling of an emergency hearing. Signed by Magistrate Judge Jonathan Goodman on 4/14/2020. (jzn) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
16

NOTICE of Attorney Appearance by Natalie Diaz on behalf of Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General. Attorney Natalie Diaz added to party Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement(pty:res), Attorney Natalie Diaz added to party U.S. Attorney General(pty:res). (Diaz, Natalie) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
17

PAPERLESS ORDER Setting Telephonic Motion Hearing on 4 Plaintiffs' Motion for Temporary Restraining Order and Motion for Preliminary Injunction for 4/17/2020 at 4:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman.Attendance may be made by following the call-in procedures: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. If feasible, counsel who will be arguing the motion or speaking at the hearing must dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack landline access, so those attorneys may use cell phones without placing them on mute. Signed by Magistrate Judge Jonathan Goodman on 4/14/2020. (jzn) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
18

POST-HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 4/14/2020. See attached document for full details. (jzn) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

RECAP
19

SUPPLEMENTAL PAPERLESS ORDER re 18 Order Following Telephone Hearing.This Order supplements the post-hearing Order [ECF No. 18] I entered this afternoon. It imposes an additional disclosure requirement on the Defendants.The Defendants shall, by noon on Thursday, April 16, 2020, explain in a declaration whether any of the 34 named class action plaintiffs have been transferred out of an immigration detention facility after the lawsuit was filed. If the answer is "yes," then the Defendants shall provide the name of each plaintiff transferred, when the transfer occurred and the facility to which the detainee was transferred.The person who signs this declaration need not be the same person who signs a declaration concerning the allegations in the Verified Complaint and emergency motion for a TRO, though it certainly can be that same person (or persons). Signed by Magistrate Judge Jonathan Goodman on 4/14/2020. (JG) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
20

PAPERLESS ORDER re 18 Order.This Order clarifies the post-hearing administrative order. Specifically, it provides more-specific information about the phrase "staff members" in numbered paragraph 2 of the Order. "Staff members" is not limited to actual ICE employees or employees of the United States or one of its agencies or departments. To the contrary, it is designed to encompass anyone and everyone who works at the three facilities -- including, by way of example, employees of third party contractors who provide services and personnel to the detention centers.Thus, to provide one specific illustration, if a company, such as Akima, provides services or employees at the Krome detention facility, then Akima employees who work as guards (or nurses or counselors or administrative aides or any other position at the detention center) would be included in the term "staff members."This same definition applies for all three detention centers. The purpose of the declarations is to provide the Court with information, and the information should be comprehensive and not limited by technicalities, such as whether a guard or officer is a government employee or an employee of a third party contractor or contracting vendor. For purposes of gauging the health risk to detainees, it matters little whether a COVID-19-infected guard or officer receives a paycheck from the United States or from Akima (or some other company).If this clarification requires Defendants to obtain information from Akima and/or other contracting parties, then so be it. The point is, I don't want to be on the short end of the information stick. Signed by Magistrate Judge Jonathan Goodman on 4/14/2020. (JG) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
21

PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Status Conference held on 4/14/2020. Total time in court: 1 hour. Attorney Appearance(s): Mark Andrew Prada, Anthony Richard Dominguez, Andrea Montavon-McKillip, Gregory P. Copeland, Sarah T. Gillman, Rebecca Ann Sharpless, Natalie Diaz, Alex Izzo, Michelle Ressler, Maia Fleischman, Luiba Gonzalez-Lopez, Paul Chavez, Angel Flemin, Michael Lee, and Dexter Lee. (Digital JG_01_04-14-2020) (fbn) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
22

NOTICE of Attorney Appearance by Maia Fleischman on behalf of Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges. Attorney Maia Fleischman added to party Juan Carlos Alfaro Garcia(pty:pet), Attorney Maia Fleischman added to party Javier Antonio Arias-Martinez(pty:pet), Attorney Maia Fleischman added to party Naim Arrak(pty:pet), Attorney Maia Fleischman added to party Dairon Barredo Sanchez(pty:pet), Attorney Maia Fleischman added to party Maikel Betancourt(pty:pet), Attorney Maia Fleischman added to party Sirvanildo Bibiano Soares(pty:pet), Attorney Maia Fleischman added to party Jose Chavez(pty:pet), Attorney Maia Fleischman added to party Hassan Mohamed Farah(pty:pet), Attorney Maia Fleischman added to party Alejandro Ferreira Borges(pty:pet). (Fleischman, Maia) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 15, 2020

April 15, 2020

PACER

~Util - Set/Reset Deadlines/Hearings

April 15, 2020

April 15, 2020

PACER

Order on Motion for Miscellaneous Relief

April 15, 2020

April 15, 2020

PACER
23

NOTICE of Attorney Appearance by Maia Fleischman on behalf of Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez. Attorney Maia Fleischman added to party Ruben Orlando Flores Ramos(pty:pet), Attorney Maia Fleischman added to party Patrick Gayle(pty:pet), Attorney Maia Fleischman added to party Franklin Ramon Gonzalez(pty:pet), Attorney Maia Fleischman added to party Mohamed Hasan(pty:pet), Attorney Maia Fleischman added to party Abdul Jalloh(pty:pet), Attorney Maia Fleischman added to party Aparicio P. Jeronimo(pty:pet), Attorney Maia Fleischman added to party Muhammad Alam Khan(pty:pet), Attorney Maia Fleischman added to party Tolentino Martinez Rios(pty:pet), Attorney Maia Fleischman added to party Irvin Medoza Silis(pty:pet), Attorney Maia Fleischman added to party Cesar Ariel Mendez Escobar(pty:pet), Attorney Maia Fleischman added to party Darwyn Yovanny Navarrette Sanchez(pty:pet), Attorney Maia Fleischman added to party Lazaro Ocana Guzman(pty:pet), Attorney Maia Fleischman added to party Roseline Ostine(pty:pet), Attorney Maia Fleischman added to party Tahimi Perez(pty:pet), Attorney Maia Fleischman added to party Wilder Perez Limones(pty:pet), Attorney Maia Fleischman added to party Francisco Rivero Valeron(pty:pet), Attorney Maia Fleischman added to party Ervin David Rodas Pedro(pty:pet), Attorney Maia Fleischman added to party Rene Jonathan Rosas Cardenas(pty:pet), Attorney Maia Fleischman added to party Gelber Sontay Funez(pty:pet), Attorney Maia Fleischman added to party Adrian Sosa Fletes(pty:pet), Attorney Maia Fleischman added to party Fermin Tepetate-Martinez(pty:pet). (Fleischman, Maia) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
24

NOTICE of Attorney Appearance by Maia Fleischman on behalf of Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. Attorney Maia Fleischman added to party Maykel Valera Ramirez(pty:pet), Attorney Maia Fleischman added to party Geraldo Vargas(pty:pet), Attorney Maia Fleischman added to party Agane Warsame(pty:pet), Attorney Maia Fleischman added to party Eliseo Antonio Zamora Mendoza(pty:pet). (Fleischman, Maia) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
25

NOTICE of Attorney Appearance by Lisa M Berlow-Lehner on behalf of Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. Attorney Lisa M Berlow-Lehner added to party Juan Carlos Alfaro Garcia(pty:pet), Attorney Lisa M Berlow-Lehner added to party Javier Antonio Arias-Martinez(pty:pet), Attorney Lisa M Berlow-Lehner added to party Naim Arrak(pty:pet), Attorney Lisa M Berlow-Lehner added to party Dairon Barredo Sanchez(pty:pet), Attorney Lisa M Berlow-Lehner added to party Maikel Betancourt(pty:pet), Attorney Lisa M Berlow-Lehner added to party Sirvanildo Bibiano Soares(pty:pet), Attorney Lisa M Berlow-Lehner added to party Jose Chavez(pty:pet), Attorney Lisa M Berlow-Lehner added to party Hassan Mohamed Farah(pty:pet), Attorney Lisa M Berlow-Lehner added to party Alejandro Ferreira Borges(pty:pet), Attorney Lisa M Berlow-Lehner added to party Ruben Orlando Flores Ramos(pty:pet), Attorney Lisa M Berlow-Lehner added to party Patrick Gayle(pty:pet), Attorney Lisa M Berlow-Lehner added to party Franklin Ramon Gonzalez(pty:pet), Attorney Lisa M Berlow-Lehner added to party Mohamed Hasan(pty:pet), Attorney Lisa M Berlow-Lehner added to party Abdul Jalloh(pty:pet), Attorney Lisa M Berlow-Lehner added to party Aparicio P. Jeronimo(pty:pet), Attorney Lisa M Berlow-Lehner added to party Muhammad Alam Khan(pty:pet), Attorney Lisa M Berlow-Lehner added to party Tolentino Martinez Rios(pty:pet), Attorney Lisa M Berlow-Lehner added to party Irvin Medoza Silis(pty:pet), Attorney Lisa M Berlow-Lehner added to party Cesar Ariel Mendez Escobar(pty:pet), Attorney Lisa M Berlow-Lehner added to party Darwyn Yovanny Navarrette Sanchez(pty:pet), Attorney Lisa M Berlow-Lehner added to party Lazaro Ocana Guzman(pty:pet), Attorney Lisa M Berlow-Lehner added to party Roseline Ostine(pty:pet), Attorney Lisa M Berlow-Lehner added to party Tahimi Perez(pty:pet), Attorney Lisa M Berlow-Lehner added to party Wilder Perez Limones(pty:pet), Attorney Lisa M Berlow-Lehner added to party Francisco Rivero Valeron(pty:pet), Attorney Lisa M Berlow-Lehner added to party Ervin David Rodas Pedro(pty:pet), Attorney Lisa M Berlow-Lehner added to party Rene Jonathan Rosas Cardenas(pty:pet), Attorney Lisa M Berlow-Lehner added to party Gelber Sontay Funez(pty:pet), Attorney Lisa M Berlow-Lehner added to party Adrian Sosa Fletes(pty:pet), Attorney Lisa M Berlow-Lehner added to party Fermin Tepetate-Martinez(pty:pet), Attorney Lisa M Berlow-Lehner added to party Maykel Valera Ramirez(pty:pet), Attorney Lisa M Berlow-Lehner added to party Geraldo Vargas(pty:pet), Attorney Lisa M Berlow-Lehner added to party Agane Warsame(pty:pet), Attorney Lisa M Berlow-Lehner added to party Eliseo Antonio Zamora Mendoza(pty:pet). (Berlow-Lehner, Lisa) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
26

Plaintiff's MOTION to include supplemental questions in administrative orders re 18 Order, 19 Order,,, 20 Order,,,,,,, by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. Attorney Andrea Montavon-McKillip added to party Gelber Sontay Funez(pty:pet). (Attachments: # 1 Text of Proposed Order)(Montavon-McKillip, Andrea) (Entered: 04/15/2020)

1 Text of Proposed Order

View on PACER

April 15, 2020

April 15, 2020

PACER
27

PAPERLESS ORDER denying 26 Without Prejudice Plaintiffs' Motion For Supplemental Questions.Plaintiffs' motion asks for supplemental questions, but their request is more akin to a comprehensive written discovery package. In effect, it is a request for production of documents, interrogatories and a de facto Rule 30(b)(6) deposition of a government entity.In reality, because most of proposed supplemental questions contain multiple sub-parts, it essentially seeks detailed information about more than 110 topics. Moreover, it asks for the information about three separate facilities, which means it actually seeks answers to more than 330 inquiries.Remarkably, it asks that I order the Defendants to respond by tomorrow at noon and to include the answers in the declarations previously ordered. Alternatively, Plaintiffs' motion asks that Defendants include the supplemental information and documents and produce all of it by noon on Friday.Wow.Notwithstanding the massive effort which would be required to adequately respond to these questions and requests for documents and fact-specific details, Plaintiffs say they do not want the requested discovery to delay the hearing -- scheduled for 4:00 p.m. the day after tomorrow.Although the requested information may well be relevant, it is patently unreasonable to expect Defendants to comply by either of the two incredibly tight deadlines proffered by Defendants. Plaintiffs' motion represents that they want the hearing to go forward, so I am taking them at their word and will not postpone the hearing. But, by the same token, I will not impose an unreasonable burden on Defendants and set them up for failure by requiring the impossible.Perhaps the information and documents requested in the motion will be required at some point in this case. But it surely won't be within 48 hours. Signed by Magistrate Judge Jonathan Goodman on 4/15/2020. (JG) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
28

PAPERLESS ORDER re 18 setting Zoom Hearing set for 4/17/2020 04:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting- https://www.zoomgov.com/j/1611592378. Meeting ID: 161 159 2378. Password: 639688. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom. Signed by Magistrate Judge Jonathan Goodman on 4/15/2020. (fbn) Modified text on 4/15/2020 (fbn). (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
29

AMENDED PAPERLESS ORDER re 18 setting Zoom Hearing set for 4/17/2020 04:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting- https://www.zoomgov.com/j/1611592378. Meeting ID: 161 159 2378. Password: 639688. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel is expected to dress as though they are in an actual federal courtroom. Signed by Magistrate Judge Jonathan Goodman on 4/15/2020. (fbn) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
30

NOTICE by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General of Filing Declarations (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Diaz, Natalie) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 16, 2020

April 16, 2020

PACER
31

VACATED per DE# 36, PAPERLESS ORDER re 30 Notice (Other) filed by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General About half an hour ago, Defendants filed a notice of filing declarations, and they attached two declarations. The notice does not expressly say that it and the declarations were being filed under seal. Defendants did not file a motion for leave to file under seal. Nevertheless, these materials were, in fact, filed under seal.There are three major problems with this.First, Plaintiffs' counsel cannot access these materials, so how are they going to be prepared for tomorrow afternoon's emergency hearing? If defense counsel emailed copies to Plaintiffs' counsel, then this development was not explained to the Undersigned.Second, Defendants have not established good cause to file these materials under seal, nor have they even tried to accomplish that goal. As a federal magistrate judge involved in this case, I have access to the materials, and I have reviewed them. But others outside of Court staffers do not.I see nothing there which cries out for under-seal status. The materials do not mention the names of any specific detainees or staff members or independent contractors. They do not disclose social security numbers or other personal identification information. Not only are the materials not confidential, but they are relatively bland and innocuous. Third, there may well be a public interest in this case. Our courts are presumed to be open. Filing documents under seal without leave of Court and without a sound basis for confidential treatment is inherently at odds with the basic principle of open courts. So Defendants shall re-file the notice and attached declarations as public filings on CM/ECF or they shall immediately file a motion seeking leave and explaining why the materials must remain secret and hidden from the public and Plaintiffs' counsel.One final point:It appears to me that additional declarations will be forthcoming because the two which were filed (albeit under seal) do not address all the topics which should have been covered and because nothing was filed in connection with one of the three detention centers (i.e., Glades).Therefore, any additional, similar filings shall be public and not under seal, unless Defendants obtain an Order permitting under-seal status. Signed by Magistrate Judge Jonathan Goodman on 4/16/2020. (JG) Modified text on 4/17/2020 (jas). (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
32

NOTICE by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General re 31 Order,,,,,,,,,, (Diaz, Natalie) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP
33

NOTICE by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General re 30 Notice (Other) of Supplemental Declaration (Attachments: # 1 Exhibit C) (Diaz, Natalie) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
34

NOTICE of Attorney Appearance by Dexter Lee on behalf of Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General. Attorney Dexter Lee added to party Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement(pty:res), Attorney Dexter Lee added to party U.S. Attorney General(pty:res). (Lee, Dexter) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP
35

PAPERLESS ORDER re 30 Notice (Other) filed by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General, 31 Order,,,,,,,,,, This Order is an apology to Defendants and their counsel for incorrectly and unfairly criticizing them for purportedly filing two declarations under seal. They did not do that. I mistakenly believed that they had.My error happened under the following scenario:Earlier today, at my instruction, Defendants filed [ECF No. 30] two declarations. I assumed (incorrectly, as it turns out) that Defendants filed the documents under seal. I reached this conclusion because the same notice -- "Warning! This document is restricted" -- which accompanies sealed documents appeared. Half an hour later, I entered an Order [ECF No. 31] which took issue with the purported "under-seal" filing, noting that Defendants had not obtained Court approval to make an under-seal submission and observing the non-confidential nature of the information in the declarations.Defendants then explained [ECF No. 32] that they did not file the declarations under seal and never sought to restrict access to the documents. Defense counsel, a high-ranking and well-respected AUSA, advised that the Pacer docket might be restricted because this case is an immigration case and might not be available to the public.Apparently, the Clerk's Office imposes a restricted access designation to all immigration cases -- and does so automatically. This case concerns immigration detention centers in South Florida and appears to be classified as an "immigration case."In any event, this restricted access permits the parties and their attorneys to have remote electronic access to the case file. However, it permits "other persons" (e.g., the public) remote electronic access only at the courthouse. Moreover, the "other persons" may at the courthouse review only the docket and opinions, orders, judgments and "other dispositions of the Court." Other parts of the case file -- such as Defendants' submission of the declarations -- are not available to the public (i.e., "other persons"). See Federal Rule of Civil Procedure 5.2(c).Neither the Clerk's Office nor Defendants (including the AUSAs who represent them) acted improperly. The defense lawyers merely filed the declarations and the Clerk's Office simply followed the Rule.The only person who goofed was me.Therefore, I owe Defendants and their attorneys an apology. I am sorry that I incorrectly assumed that you tried to file the declarations under seal or otherwise restrict access to them. I regret my mistake and the entry of that incorrect Order. I will vacate it. Signed by Magistrate Judge Jonathan Goodman on 4/16/2020. (JG) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
36

PAPERLESS Order vacating 31 Order re 30 Notice (Other) filed by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General, as explained in ECF No. 35. Signed by Magistrate Judge Jonathan Goodman on 4/16/2020. (jzn) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
37

STRICKEN per DE# 38, MOTION for Leave to File Supplemental Exhibits by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. (Attachments: # 1 Exhibit A - Venters Declaration (Apr. 16, 2020), # 2 Exhibit B - ICE Memo (Apr. 10, 2020), # 3 Exhibit C - Venters Declaration (Mar. 24, 2020), # 4 Text of Proposed Order)(Prada, Mark) Modified text on 4/17/2020 (jas). (Entered: 04/17/2020)

1 Exhibit A - Venters Declaration (Apr. 16, 2020)

View on PACER

2 Exhibit B - ICE Memo (Apr. 10, 2020)

View on PACER

3 Exhibit C - Venters Declaration (Mar. 24, 2020)

View on PACER

4 Text of Proposed Order

View on PACER

April 17, 2020

April 17, 2020

PACER

Order to Vacate

April 17, 2020

April 17, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 17, 2020

April 17, 2020

PACER

Order on Motion for Leave to File

April 17, 2020

April 17, 2020

PACER
38

PAPERLESS ORDER striking 37 Motion for Leave to File. Plaintiffs' motion violates Local Rule 7.1's pre-filing conferral and certification of conferral requirements. For those reasons, the Undersigned strikes it. Signed by Magistrate Judge Jonathan Goodman on 4/17/2020. (JG) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
39

MOTION for Leave to File Supplemental Exhibits by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. (Attachments: # 1 Exhibit A - Venters Declaration (Apr. 16, 2020), # 2 Exhibit B - ICE Memo (Apr. 10, 2020), # 3 Exhibit C - Venters Declaration (Mar. 24, 2020), # 4 Text of Proposed Order)(Prada, Mark) (Entered: 04/17/2020)

1 Exhibit A - Venters Declaration (Apr. 16, 2020)

View on PACER

2 Exhibit B - ICE Memo (Apr. 10, 2020)

View on PACER

3 Exhibit C - Venters Declaration (Mar. 24, 2020)

View on RECAP

4 Text of Proposed Order

View on PACER

April 17, 2020

April 17, 2020

PACER
40

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General. Replies due by 4/24/2020. (Lee, Dexter) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
41

PAPERLESS ORDER granting 39 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Plaintiffs ask the Court to "accept" supplemental exhibits in connection with this afternoon's scheduled emergency hearing on their motion for a TRO and a preliminary injunction. This Order permits Plaintiffs to submit the exhibits, which consist primarily of two declarations from Dr. Homer Venters, an expert witness who submitted the declarations in a federal lawsuit pending in California. I'm not sure what Plaintiffs mean when they ask me to "accept" the exhibits. They are now part of the file and are now of record. Like any submission, they can be afforded great weight, little weight or no weight. I have not yet determined what weight, if any, I will give them. These exhibits, however, are now part of the record and the parties can make arguments about their significance (or lack of significance).Although I have not yet had time to thoroughly review the declarations, I note that they do not refer to the three detention centers involved in the instant case, do not mention the declarations filed in the instant case, and do not discuss the allegations of the instant lawsuit. Instead, the declarations opine on conditions in general and appear to largely focus on a comparison between guidelines, mandatory procedures and best practices, based on the doctor's experience with the medical treatment provided in the State of New York's prisons and his familiarity with some ICE detention facilities.Plaintiffs need not refile the exhibits, however. Signed by Magistrate Judge Jonathan Goodman on 4/17/2020. (JG) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
42

POST-HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 4/17/2020. See attached document for full details. (jzn) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
43

PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Motion Hearing on 4 Plaintiffs' Motion for Temporary Restraining Order and Motion for Preliminary Injunction Hearing held on 4/17/2020. Post-Hearing Administrative Order to follow. Total time in court: 2 hour(s) : 40 minutes. Attorney Appearance(s): Mark Andrew Prada, Anthony Richard Dominguez, Andrea Montavon-McKillip, Gregory P. Copeland, Sarah T. Gillman, Maia Fleischman, Lisa M Berlow-Lehner, Rebecca Ann Sharpless, Natalie Diaz, Dexter Lee, Alec Izzo, Paul Chavez, Leanna Casado, Veronica James, and Amanda Velazquez.(Digital 16:04:57) (fbn) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
44

PAPERLESS ORDER concerning additional information.By noon on Monday, April 20, 2020, Defendants shall file a notice listing the detainee census in each of the three detention centers. This notice probably needs to be no more than one sentence: e.g., As of April 20, 2020 at 8:00 a.m., there are _____ detainees at Krome, ______ detainees at Broward and ______ detainees at Glades. The Undersigned anticipates that this is a relatively easy task, as defense counsel advised during yesterday's hearing that he could find out, and he implicitly suggested that the information could be obtained quickly.The Undersigned is asking for the information because of the significant disparity between the census estimates (guesstimates, actually) proffered by the parties during yesterday's hearing. Plaintiffs' counsel provided an estimate of 1,600 detainees at all three centers while defense counsel suggested only slightly more than a 1,000. That's quite a difference. Signed by Magistrate Judge Jonathan Goodman on 4/18/2020. (JG) (Entered: 04/18/2020)

April 18, 2020

April 18, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 18, 2020

April 18, 2020

PACER
45

PAPERLESS ORDER re: another follow-up from yesterday afternoon's hearing.By 5:00 p.m. on Monday, April 20, 2020, defense counsel shall communicate with their clients and advise whether ICE is willing to agree to not transfer any of the 34 named detainee class members pending either their release, resolution of the case or further court order. In addition, the notice should advise on ICE's willingness to not transfer to other immigration detention facilities any of the current detainees pending the same circumstances and whether it is willing to not accept in any new detainees to the three detention centers pending the same circumstances. Defense counsel offered to do this at yesterday's hearing. Signed by Magistrate Judge Jonathan Goodman on 4/18/2020. (JG) (Entered: 04/18/2020)

April 18, 2020

April 18, 2020

PACER
46

List of Authorities to 42 Order by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement. (Diaz, Natalie) (Entered: 04/19/2020)

April 19, 2020

April 19, 2020

PACER
47

Notice of Supplemental Authority Pursuant to 42 Order by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza (Fleischman, Maia) (Entered: 04/19/2020)

April 19, 2020

April 19, 2020

PACER
48

Notice of Detainee Census to 44 Order,,,, by U.S. Attorney General. (Diaz, Natalie) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 20, 2020

April 20, 2020

PACER

Order on Motion for Hearing

April 20, 2020

April 20, 2020

PACER
49

PAPERLESS ORDER directing the Clerk of Court to restrict access to ECF Nos. 1-4 and permit access to the public to the remainder of the case docket. Counsel for both sides agreed, during the April 17, 2020 hearing, that restrictive access should remain only for docket entries 1-4, and that the Clerk should remove the restricted access designation for all submissions after docket entry 4. The parties may file motions to file under seal specific submissions filed after entry of this order. If they file such motions and if the Court permits under-seal filings, then the filer will need to make two filings: an unredacted submission, filed under seal, and a redacted version, filed publicly on CM/ECF. The redacted portions must contain confidential and/or private information. The mere fact that a party prefers to not file something publicly is insufficient to justify an under-seal filing. Signed by Magistrate Judge Jonathan Goodman on 4/20/2020. (jzn) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
50

PAPERLESS ORDER denying as moot 3 Motion for Hearing. The Undersigned held the emergency hearing on April 17, 2020. Signed by Magistrate Judge Jonathan Goodman on 4/20/2020. (JG) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
51

NOTICE Regarding Transfers of Detainees by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General re 45 Order,,, (Diaz, Natalie) Modified text on 4/21/2020 (jas). (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

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52

CLERK'S NOTICE of Compliance re 49 PAPERLESS ORDER directing the Clerk of Court to restrict access to ECF Nos. 1-4 and permit access to the public to the remainder of the case docket. (Clerk's Note: Modified the Nature of Suit (NOS) on the case to 890 (Other Statutory Actions) to solely permit access to the public to the remainder of the case docket. Docket Sheet/Case Information will now reflect the Nature of Suit: 890 Other Statutory Actions. Please see DE#1 for NOS upon case filing for future reference. (sk) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
54

Clerks Notice to Filer re 51 Notice (Other). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (jas) (Entered: 04/21/2020)

April 20, 2020

April 20, 2020

PACER
53

NOTICE of Supplemental Declaration by Acting Officer in Charge Liana J. Castano by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General (Attachments: # 1 Exhibit A) (Diaz, Natalie) Modified text on 4/21/2020 (jas). (Entered: 04/21/2020)

1 Exhibit A

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April 21, 2020

April 21, 2020

PACER

Order on Motion for Miscellaneous Relief

April 21, 2020

April 21, 2020

PACER
55

Unopposed MOTION to Restrict Access to DE 7 and 8 re 7 Appendix, 8 Appendix, by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. (Attachments: # 1 Text of Proposed Order)(Prada, Mark) (Entered: 04/21/2020)

1 Text of Proposed Order

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April 21, 2020

April 21, 2020

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56

PAPERLESS ORDER granting 55 Plaintiffs' Unopposed Motion to Restrict Access to Docket Entries 7 and 8. The Undersigned directs the Clerk of Court to restrict access to ECF Nos. 7 and 8 in accordance with Federal Rule of Civil Procedure 5.2. Signed by Magistrate Judge Jonathan Goodman on 4/21/2020. (jzn) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
57

CLERK'S NOTICE OF COMPLIANCE re 56 PAPERLESS ORDER DIRECTING the Clerk of Court to restrict access to ECF Nos. 7 and 8 in accordance with Federal Rule of Civil Procedure 5.2.. (sk) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
58

Unopposed MOTION to Seal Motion to Add Named Petitioners-Plaintiffss per Local Rule 5.4 by Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. (Attachments: # 1 Text of Proposed Order) (Sharpless, Rebecca) (Entered: 04/22/2020)

1 Text of Proposed Order

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April 22, 2020

April 22, 2020

PACER

Order on Motion to Seal

April 22, 2020

April 22, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 22, 2020

April 22, 2020

PACER

Description not available

April 22, 2020

April 22, 2020

PACER
59

PAPERLESS ORDER granting in part and denying in part 58 Motion to Seal. Matters unsealed upon case closing {US0YT}. The proposed additional Petitioners shall (if they wish to pursue their desire to join this lawsuit) file their motion publicly, on CM/ECF. This motion will list only their names and explain why they believe the Court should permit them to be added as Petitioners. The motion need not reveal any specific private and personal medical information. It may explain, in general, that they proposed new Petitioners have medical issues which place them in a high-risk category (assuming that to be true). But the specifics need not be provided. The motion, if filed, will explain that the specifics will be contained in a separately-filed submission, with exhibits.To the extent that the proposed additional Petitioners submit exhibits which their counsel represents as containing "sensitive personal health information," those exhibits may be filed under seal -- but separately, as a new and different docket entry.In this way, the public will know the names of the proposed new Petitioners and the facility where they are housed, but not the specifics of what is represented to be confidential and sensitive medical information. Signed by Magistrate Judge Jonathan Goodman on 4/22/2020. (JG) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
60

Unopposed MOTION to Add Named Petitioners-Plaintiffs by Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza. (Attachments: # 1 Text of Proposed Order)(Sharpless, Rebecca) (Entered: 04/22/2020)

1 Text of Proposed Order

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April 22, 2020

April 22, 2020

PACER

SYSTEM ENTRY - Docket Entry 61 [misc] restricted/sealed until further notice. (788462)

April 22, 2020

April 22, 2020

PACER
62

PAPERLESS ORDER re 61 Sealed Document,,, filed by Patrick Gayle, Naim Arrak, Dairon Barredo Sanchez, Agane Warsame, Wilder Perez Limones, Ervin David Rodas Pedro, Adrian Sosa Fletes, Alejandro Ferreira Borges, Jose Chavez, Lazaro Ocana Guzman, Eliseo Antonio Zamora Mendoza, Geraldo Vargas, Gelber Sontay Funez, Muhammad Alam Khan, Cesar Ariel Mendez Escobar, Javier Antonio Arias-Martinez, Sirvanildo Bibiano Soares, Tolentino Martinez Rios, Hassan Mohamed Farah, Abdul Jalloh, Maikel Betancourt, Francisco Rivero Valeron, Tahimi Perez, Franklin Ramon Gonzalez, Fermin Tepetate-Martinez, Juan Carlos Alfaro Garcia, Ruben Orlando Flores Ramos, Irvin Medoza Silis, Darwyn Yovanny Navarrette Sanchez, Maykel Valera Ramirez, Mohamed Hasan, Aparicio P. Jeronimo, Rene Jonathan Rosas Cardenas, Roseline Ostine This Order concerns the under-seal declarations which the proposed new Plaintiffs filed earlier today. I permitted counsel to file them under seal because they contain private personal medical information.I have reviewed only the first two declarations, from Julio Edward and Eitan Yefet. They contain precious little confidential medical information.Mr. Edward's declaration (pp. 2-4, out of 180 pages) contains fourteen (14) numbered paragraphs. Only paragraph 5, one sentence in paragraph 5(b) and paragraph 7 contain information which might be deemed so personal that it must be filed under seal. The remainder of the declaration is not personal or related to his medical condition at all. Instead, the remainder consists of observations he made about conditions at the detention center (e.g., amount of soap, whether the guards have masks or gloves, etc.)Similarly, Mr. Yefet's declaration (pp, 8-10, out of 180 pages)) also contains fourteen (14) paragraphs. Only paragraph 5 contains information which is so personal that it might justify under-seal status. The remainder of his declaration, just like the first declaration, contains the same types of non-confidential observations.I have not yet reviewed any declaration other than the first two, but I assume they are all substantially similar.Given this development, Petitioners' counsel will need to publicly refile, on CM/ECF, all of the declarations which were filed earlier today under seal -- but the few scraps of legitimately personal, medical information may be redacted.The declarations do not need to be resigned. All that needs to happen is for someone (or more than one person) to mechanically cover up (or cross out or block out or otherwise render unreadable) the small amount of personal information. All remaining portions, which are not confidential and not worthy of being deemed a secret from the public, will be on the docket, available to be reviewed -- just like other submissions filed in our open, usually-not-secret court system. This assignment should not take long to complete. The mechanical aspect of redacting should not take more than one minute per declaration.The parties should by now know my strong preference for publicly-filed submissions and my general aversion to requests to secretly file things under seal. Therefore, future requests to obtain approval for under-seal filings, from either side, should take this approach into consideration. Thus, to provide an illustration, if Petitioners wanted to add five more detainees and support the request with declarations, the motion to seal would explain that only one or two sentences are confidential and would seek leave to make two filings (i.e., one public, but slightly redacted, and one under seal, but unredacted).Everyone should now be on board. Signed by Magistrate Judge Jonathan Goodman on 4/22/2020. (JG) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
63

REPORT AND RECOMMENDATIONS ON 4 EMERGENCY MOTION FOR INJUNCTIVE RELIEF. Objections to R&R due by 4/24/2020. Signed by Magistrate Judge Jonathan Goodman on 4/22/2020. See attached document for full details. (Attachments: # 1 Exhibit A) (jzn) (Entered: 04/22/2020)

1 Exhibit A

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April 22, 2020

April 22, 2020

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64

NOTICE of Filing Declarations of Proposed New Petitioners-Plaintiffsby Juan Carlos Alfaro Garcia, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Jose Chavez, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Franklin Ramon Gonzalez, Mohamed Hasan, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Darwyn Yovanny Navarrette Sanchez, Lazaro Ocana Guzman, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Francisco Rivero Valeron, Ervin David Rodas Pedro, Rene Jonathan Rosas Cardenas, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eliseo Antonio Zamora Mendoza re 60 Unopposed MOTION to Add Named Petitioners-Plaintiffs (Attachments: # 1 Exhibit Declarations of Proposed New Petitioners-Plaintiffs) (Sharpless, Rebecca) (Entered: 04/22/2020)

1 Exhibit Declarations of Proposed New Petitioners-Plaintiffs

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April 22, 2020

April 22, 2020

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PAPERLESS ORDER granting 60 Motion to Add Named Petitioners-Plaintiffs Pursuant to Fed. R. Civ. P. 20(a) and (21). It is hereby ordered that the additional named Petitioners-Plaintiffs are added to this action. Signed by Magistrate Judge Jonathan Goodman on 4/23/2020. (jzn) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

Order on Motion for Miscellaneous Relief

April 23, 2020

April 23, 2020

PACER

Description not available

April 23, 2020

April 23, 2020

PACER

SYSTEM ENTRY - Docket Entry 66 [notice] restricted/sealed until further notice. (wc)

April 23, 2020

April 23, 2020

PACER
67

Bar Letter re: Admissions sent to attorney Paul C. Chavez, mailing date 04/24/2020, (cco) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

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NOTICE of Attorney Appearance by Michael A. Celone on behalf of Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General. Attorney Michael A. Celone added to party Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement(pty:res), Attorney Michael A. Celone added to party U.S. Attorney General(pty:res). (Celone, Michael) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

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NOTICE of Attorney Appearance by Scott Michael Edson on behalf of Rolando Aguabella Martinez, Juan Carlos Alfaro Garcia, Mohamed Hassan Ali, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Maikel Carrasco Polo, Abel Carrillo, Jose Chavez, Maxuel A De Souza, Julio Edwards, Hassan Mohamed Farah, Alejandro Ferreira Borges, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Ruben Orlando Flores Ramos, Patrick Gayle, Fernando Goncalves, Franklin Ramon Gonzalez, Mohamed Hasan, Carlos Hedman Perdomo, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Thomas Lenor, Manuel Lopez Perez, Omar Lopez-Jaramillo, Ariel Lucien, Yaniel Machado Aguila, Miguel Angel Marroquin Perez, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Jose Galdino Montalvo Rodriguez, Alejandro Vincenzo Mugaburu Tapia, Darwyn Yovanny Navarrette Sanchez, Farhan Nawabit, Lazaro Ocana Guzman, Evarado Orantes Acevedo, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Deivys Perez Valladares, Ricardo Perezo Alonzo, Francisco Rivero Valeron, Ervin David Rodas Pedro, Maria Eugenia Rodriguez Claras, Rene Jonathan Rosas Cardenas, Danny Ruiz Garcia, Crisley Sacrab-Bin, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eitan Yefet, Eliseo Antonio Zamora Mendoza. Attorney Scott Michael Edson added to party Rolando Aguabella Martinez(pty:pet), Attorney Scott Michael Edson added to party Juan Carlos Alfaro Garcia(pty:pet), Attorney Scott Michael Edson added to party Mohamed Hassan Ali(pty:pet), Attorney Scott Michael Edson added to party Javier Antonio Arias-Martinez(pty:pet), Attorney Scott Michael Edson added to party Naim Arrak(pty:pet), Attorney Scott Michael Edson added to party Dairon Barredo Sanchez(pty:pet), Attorney Scott Michael Edson added to party Maikel Betancourt(pty:pet), Attorney Scott Michael Edson added to party Sirvanildo Bibiano Soares(pty:pet), Attorney Scott Michael Edson added to party Maikel Carrasco Polo(pty:pet), Attorney Scott Michael Edson added to party Abel Carrillo(pty:pet), Attorney Scott Michael Edson added to party Jose Chavez(pty:pet), Attorney Scott Michael Edson added to party Maxuel A De Souza(pty:pet), Attorney Scott Michael Edson added to party Julio Edwards(pty:pet), Attorney Scott Michael Edson added to party Hassan Mohamed Farah(pty:pet), Attorney Scott Michael Edson added to party Alejandro Ferreira Borges(pty:pet), Attorney Scott Michael Edson added to party Ruben Orlando Flores Ramos(pty:pet), Attorney Scott Michael Edson added to party Patrick Gayle(pty:pet), Attorney Scott Michael Edson added to party Fernando Goncalves(pty:pet), Attorney Scott Michael Edson added to party Franklin Ramon Gonzalez(pty:pet), Attorney Scott Michael Edson added to party Mohamed Hasan(pty:pet), Attorney Scott Michael Edson added to party Carlos Hedman Perdomo(pty:pet), Attorney Scott Michael Edson added to party Abdul Jalloh(pty:pet), Attorney Scott Michael Edson added to party Aparicio P. Jeronimo(pty:pet), Attorney Scott Michael Edson added to party Muhammad Alam Khan(pty:pet), Attorney Scott Michael Edson added to party Thomas Lenor(pty:pet), Attorney Scott Michael Edson added to party Manuel Lopez Perez(pty:pet), Attorney Scott Michael Edson added to party Omar Lopez-Jaramillo(pty:pet), Attorney Scott Michael Edson added to party Ariel Lucien(pty:pet), Attorney Scott Michael Edson added to party Yaniel Machado Aguila(pty:pet), Attorney Scott Michael Edson added to party Miguel Angel Marroquin Perez(pty:pet), Attorney Scott Michael Edson added to party Tolentino Martinez Rios(pty:pet), Attorney Scott Michael Edson added to party Irvin Medoza Silis(pty:pet), Attorney Scott Michael Edson added to party Cesar Ariel Mendez Escobar(pty:pet), Attorney Scott Michael Edson added to party Jose Galdino Montalvo Rodriguez(pty:pet), Attorney Scott Michael Edson added to party Alejandro Vincenzo Mugaburu Tapia(pty:pet), Attorney Scott Michael Edson added to party Darwyn Yovanny Navarrette Sanchez(pty:pet), Attorney Scott Michael Edson added to party Farhan Nawabit(pty:pet), Attorney Scott Michael Edson added to party Lazaro Ocana Guzman(pty:pet), Attorney Scott Michael Edson added to party Evarado Orantes Acevedo(pty:pet), Attorney Scott Michael Edson added to party Roseline Ostine(pty:pet), Attorney Scott Michael Edson added to party Tahimi Perez(pty:pet), Attorney Scott Michael Edson added to party Wilder Perez Limones(pty:pet), Attorney Scott Michael Edson added to party Deivys Perez Valladares(pty:pet), Attorney Scott Michael Edson added to party Ricardo Perezo Alonzo(pty:pet), Attorney Scott Michael Edson added to party Francisco Rivero Valeron(pty:pet), Attorney Scott Michael Edson added to party Ervin David Rodas Pedro(pty:pet), Attorney Scott Michael Edson added to party Maria Eugenia Rodriguez Claras(pty:pet), Attorney Scott Michael Edson added to party Rene Jonathan Rosas Cardenas(pty:pet), Attorney Scott Michael Edson added to party Danny Ruiz Garcia(pty:pet), Attorney Scott Michael Edson added to party Crisley Sacrab-Bin(pty:pet), Attorney Scott Michael Edson added to party Gelber Sontay Funez(pty:pet), Attorney Scott Michael Edson added to party Adrian Sosa Fletes(pty:pet), Attorney Scott Michael Edson added to party Fermin Tepetate-Martinez(pty:pet), Attorney Scott Michael Edson added to party Maykel Valera Ramirez(pty:pet), Attorney Scott Michael Edson added to party Geraldo Vargas(pty:pet), Attorney Scott Michael Edson added to party Agane Warsame(pty:pet), Attorney Scott Michael Edson added to party Eitan Yefet(pty:pet), Attorney Scott Michael Edson added to party Eliseo Antonio Zamora Mendoza(pty:pet). (Edson, Scott) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

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OBJECTIONS to 63 Report and Recommendations by Rolando Aguabella Martinez, Juan Carlos Alfaro Garcia, Mohamed Hassan Ali, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Maikel Carrasco Polo, Abel Carrillo, Jose Chavez, Maxuel A De Souza, Julio Edwards, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Fernando Goncalves, Franklin Ramon Gonzalez, Mohamed Hasan, Carlos Hedman Perdomo, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Thomas Lenor, Manuel Lopez Perez, Omar Lopez-Jaramillo, Ariel Lucien, Yaniel Machado Aguila, Miguel Angel Marroquin Perez, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Jose Galdino Montalvo Rodriguez, Alejandro Vincenzo Mugaburu Tapia, Darwyn Yovanny Navarrette Sanchez, Farhan Nawabit, Lazaro Ocana Guzman, Evarado Orantes Acevedo, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Deivys Perez Valladares, Ricardo Perezo Alonzo, Francisco Rivero Valeron, Ervin David Rodas Pedro, Maria Eugenia Rodriguez Claras, Rene Jonathan Rosas Cardenas, Danny Ruiz Garcia, Crisley Sacrab-Bin, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eitan Yefet, Eliseo Antonio Zamora Mendoza. (Attachments: # 1 Exhibit Roman v. Wolf, EDCV 20-00768 TJH (PVC) (C.D. CA Apr. 23, 2020), # 2 Exhibit April 3, 2020 Memorandum of Hon. William P. Barr for the Director of Bureau of Prisons, # 3 Exhibit April 6, 2020 Memorandum of Hon. William P. Barr for the Director of Bureau of Prisons, # 4 Exhibit Basank v. Decker, No. 20 Civ. 2518 (S.D.N.Y. Apr. 23, 2020), # 5 Exhibit Richard Tribou and Katie Rice, Corrine Brown Released From Central Florida Prison Amid COVID-19 Concerns, Orlando Sentinel (Apr. 22, 2020), # 6 Exhibit Interim Guidance on management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities)(Edson, Scott) (Entered: 04/24/2020)

1 Exhibit Roman v. Wolf, EDCV 20-00768 TJH (PVC) (C.D. CA Apr. 23, 2020)

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2 Exhibit April 3, 2020 Memorandum of Hon. William P. Barr for the Director of Bur

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3 Exhibit April 6, 2020 Memorandum of Hon. William P. Barr for the Director of Bur

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4 Exhibit Basank v. Decker, No. 20 Civ. 2518 (S.D.N.Y. Apr. 23, 2020)

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5 Exhibit Richard Tribou and Katie Rice, Corrine Brown Released From Central Flori

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6 Exhibit Interim Guidance on management of Coronavirus Disease 2019 (COVID-19) in

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April 24, 2020

April 24, 2020

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NOTICE by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement re 63 REPORT AND RECOMMENDATIONS re 3 MOTION for Hearing filed by Patrick Gayle, Naim Arrak, Dairon Barredo Sanchez, Agane Warsame, Wilder Perez Limones, Ervin David Rodas Pedro, Adrian Sosa Fletes, Alejandro Ferreira Borges, Jose Chavez, Lazaro Objections (Celone, Michael) (Entered: 04/25/2020)

April 24, 2020

April 24, 2020

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RESPONSE TO OBJECTION to 63 Report and Recommendations by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, U.S. Attorney General. (Lee, Dexter) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

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RESPONSE TO OBJECTION to 63 Report and Recommendations by Rolando Aguabella Martinez, Juan Carlos Alfaro Garcia, Mohamed Hassan Ali, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Maikel Carrasco Polo, Abel Carrillo, Jose Chavez, Maxuel A De Souza, Julio Edwards, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Fernando Goncalves, Franklin Ramon Gonzalez, Mohamed Hasan, Carlos Hedman Perdomo, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Thomas Lenor, Manuel Lopez Perez, Omar Lopez-Jaramillo, Ariel Lucien, Yaniel Machado Aguila, Miguel Angel Marroquin Perez, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Jose Galdino Montalvo Rodriguez, Alejandro Vincenzo Mugaburu Tapia, Darwyn Yovanny Navarrette Sanchez, Farhan Nawabit, Lazaro Ocana Guzman, Evarado Orantes Acevedo, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Deivys Perez Valladares, Ricardo Perezo Alonzo, Francisco Rivero Valeron, Ervin David Rodas Pedro, Maria Eugenia Rodriguez Claras, Rene Jonathan Rosas Cardenas, Danny Ruiz Garcia, Crisley Sacrab-Bin, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eitan Yefet, Eliseo Antonio Zamora Mendoza. (Edson, Scott) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

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Notice of Supplemental Authority re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Rolando Aguabella Martinez, Juan Carlos Alfaro Garcia, Mohamed Hassan Ali, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Maikel Carrasco Polo, Abel Carrillo, Jose Chavez, Maxuel A De Souza, Julio Edwards, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Fernando Goncalves, Franklin Ramon Gonzalez, Mohamed Hasan, Carlos Hedman Perdomo, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Thomas Lenor, Manuel Lopez Perez, Omar Lopez-Jaramillo, Ariel Lucien, Yaniel Machado Aguila, Miguel Angel Marroquin Perez, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Jose Galdino Montalvo Rodriguez, Alejandro Vincenzo Mugaburu Tapia, Darwyn Yovanny Navarrette Sanchez, Farhan Nawabit, Lazaro Ocana Guzman, Evarado Orantes Acevedo, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Deivys Perez Valladares, Ricardo Perezo Alonzo, Francisco Rivero Valeron, Ervin David Rodas Pedro, Maria Eugenia Rodriguez Claras, Rene Jonathan Rosas Cardenas, Danny Ruiz Garcia, Crisley Sacrab-Bin, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eitan Yefet, Eliseo Antonio Zamora Mendoza (Edson, Scott) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

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Notice of Supplemental Authority re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Rolando Aguabella Martinez, Juan Carlos Alfaro Garcia, Mohamed Hassan Ali, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Maikel Carrasco Polo, Abel Carrillo, Jose Chavez, Maxuel A De Souza, Julio Edwards, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Fernando Goncalves, Franklin Ramon Gonzalez, Mohamed Hasan, Carlos Hedman Perdomo, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Thomas Lenor, Manuel Lopez Perez, Omar Lopez-Jaramillo, Ariel Lucien, Yaniel Machado Aguila, Miguel Angel Marroquin Perez, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Jose Galdino Montalvo Rodriguez, Alejandro Vincenzo Mugaburu Tapia, Darwyn Yovanny Navarrette Sanchez, Farhan Nawabit, Lazaro Ocana Guzman, Evarado Orantes Acevedo, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Deivys Perez Valladares, Ricardo Perezo Alonzo, Francisco Rivero Valeron, Ervin David Rodas Pedro, Maria Eugenia Rodriguez Claras, Rene Jonathan Rosas Cardenas, Danny Ruiz Garcia, Crisley Sacrab-Bin, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eitan Yefet, Eliseo Antonio Zamora Mendoza (Attachments: # 1 Supplement Spaulding v. Moore, No. 1:20-cv-21378-UU (S.D. Fla. Apr. 29, 2020) (Ungaro, J.)) (Edson, Scott) (Entered: 04/29/2020)

1 Supplement Spaulding v. Moore, No. 1:20-cv-21378-UU (S.D. Fla. Apr. 29, 2020) (U

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April 29, 2020

April 29, 2020

PACER
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ORDER adopting in part 63 Report and Recommendations on 4 Petitioners' Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Marcia G. Cooke on 4/30/2020. See attached document for full details. (kou) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

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Plaintiff's MOTION for clarification 76 Order on Report and Recommendations, by Rolando Aguabella Martinez, Juan Carlos Alfaro Garcia, Mohamed Hassan Ali, Javier Antonio Arias-Martinez, Naim Arrak, Dairon Barredo Sanchez, Maikel Betancourt, Sirvanildo Bibiano Soares, Maikel Carrasco Polo, Abel Carrillo, Jose Chavez, Maxuel A De Souza, Julio Edwards, Hassan Mohamed Farah, Alejandro Ferreira Borges, Ruben Orlando Flores Ramos, Patrick Gayle, Fernando Goncalves, Franklin Ramon Gonzalez, Mohamed Hasan, Carlos Hedman Perdomo, Abdul Jalloh, Aparicio P. Jeronimo, Muhammad Alam Khan, Thomas Lenor, Manuel Lopez Perez, Omar Lopez-Jaramillo, Ariel Lucien, Yaniel Machado Aguila, Miguel Angel Marroquin Perez, Tolentino Martinez Rios, Irvin Medoza Silis, Cesar Ariel Mendez Escobar, Jose Galdino Montalvo Rodriguez, Alejandro Vincenzo Mugaburu Tapia, Darwyn Yovanny Navarrette Sanchez, Farhan Nawabit, Lazaro Ocana Guzman, Evarado Orantes Acevedo, Roseline Ostine, Tahimi Perez, Wilder Perez Limones, Deivys Perez Valladares, Ricardo Perezo Alonzo, Francisco Rivero Valeron, Ervin David Rodas Pedro, Maria Eugenia Rodriguez Claras, Rene Jonathan Rosas Cardenas, Danny Ruiz Garcia, Crisley Sacrab-Bin, Gelber Sontay Funez, Adrian Sosa Fletes, Fermin Tepetate-Martinez, Maykel Valera Ramirez, Geraldo Vargas, Agane Warsame, Eitan Yefet, Eliseo Antonio Zamora Mendoza. Responses due by 5/15/2020 (Attachments: # 1 Text of Proposed Order)(Berlow-Lehner, Lisa) (Entered: 05/01/2020)

1 Text of Proposed Order

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May 1, 2020

May 1, 2020

PACER

Case Details

State / Territory: Florida

Case Type(s):

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:

All current civil immigration detainees who are now held by ICE at Krome, BTC, and Glades when this action was filed, since this action was filed, or in the future.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Southern Poverty Law Center

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Immigration and Customs Enforcement, Miami Field Office, Federal

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Goals (e.g., for hiring, admissions)

Preliminary relief granted

Reporting

Issues

General:

Bathing and hygiene

Classification / placement

Conditions of confinement

Food service / nutrition / hydration

Habeas Corpus

Sanitation / living conditions

Totality of conditions

Medical/Mental Health:

Medical care, general

COVID-19:

CDC Guidance ordered implemented

Contact tracing ordered

COVID testing ordered/modified

COVID vaccination ordered

Mitigation Denied

Mitigation Granted

Mitigation Requested

PPE-ordered provided to prisoners for free

PPE-ordered worn by staff

Quarantine/isolation ordered

Release Denied

Release-process created/modified

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Transfer-ordered or process created/modified

Wellness/temperature checks ordered

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions