Civil Rights Litigation Clearinghouse

Case: Benavides v. Gartland

5:20-cv-00046 | U.S. District Court for the Southern District of Georgia

Filed Date: April 8, 2020

Closed Date: Nov. 18, 2020

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Case Summary

COVID-19 Summary: This is a habeas and injunctive action brought on behalf of immigration detainees in the Folkston ICE Processing Center. The detainees requested release, arguing that continuing detention would violate their constitutional rights because they suffered from underlying medical conditions that made them especially vulnerable to COVID-19. The court refused to issue preliminary relief, and the plaintiffs voluntarily dismissed the case in August 2020. The parties filed certain redac…

On April 8, 2020, three detainees in the Folkston ICE Processing center brought this action in the U.S. District Court for the Southern District of Georgia. Represented by the Southern Poverty Law Center and private counsel, the plaintiffs sued Immigration and Customs Enforcement (ICE), the ICE Field Office, and the Folkston ICE Processing Center. The plaintiffs sought a writ of habeas corpus under 28 U.S.C. § 2241 and alleged violations of their Fifth Amendment Due Process rights. Specifically, they alleged that the conditions at Folkston, including the failure to provide adequate medical care, housing in close quarters, and unsanitary living spaces put the plaintiffs at a severe risk for contracting COVID-19. They alleged that their underlying medical conditions made them particularly vulnerable to serious illness or death from the virus, and that release was the only appropriate remedy.

The plaintiffs also filed a motion for a temporary restraining order to secure their immediate release at the same time they filed their complaint.

The original case (No. 4:20-cv-0069) was transferred in-district and received a new docket number (No. 5:20-cv-00046). The original case was assigned to Judge Christopher L. Ray, but the case was assigned to Judge Lisa Wood and Magistrate Judge Benjamin W. Cheesbro after the transfer.

On April 18, Judge Wood denied the plaintiffs' motion for preliminary relief. She explained that the plaintiffs were unlikely to succeed on the merits of their claims because their evidence did not show that release was the only way to remedy unsafe conditions of detention. Judge Wood also found that the plaintiffs had failed to show that they had a cause of action because circuit precedent suggested that habeas petitions could not be used to challenge conditions of confinement. 2020 WL 1914916.

The defendants filed a motion to dismiss on May 1. On May 7, the plaintiffs filed an amended complaint with more detail about the legal theories behind their Fifth Amendment claim, which the defendants moved to dismiss on May 18. On May 8, the plaintiffs filed a motion for a preliminary injunction and an emergency writ of habeas corpus.

On July 8, Judge Wood denied the plaintiffs' motion for a preliminary injunction and writ of habeas corpus, finding that the plaintiffs were unlikely to succeed on their constitutional claims. The order reiterated that a habeas petition could not be used to challenge conditions of confinement and questioned whether any other cause of action existed. Assuming that one did, Judge Wood denied relief because the evidence about the Center's COVID response (or lack thereof) was conflicting, no evidence suggested that officials had been deliberately indifferent to the detainees' needs, and the plaintiffs had not established that the defendants had failed to comply with ICE guidelines that the plaintiffs said ICE had agreed to follow. 2020 WL 3839938.

Five days later, Magistrate Cheesbro took a "preliminary peek" at the defendants' motion to dismiss and found it contained sufficient merit to warrant granting a stay of discovery until the court ruled.

The plaintiffs filed a notice of voluntary dismissal on August 12, 2020, and the court dismissed the case the next day. The Clearinghouse does not know whether the parties settled out of court around the same time. Judge Wood stayed the case for 60 days for the parties to submit motions or agreements about docket filing restrictions, specifically the partial unsealing of certain documents.

On October 13, Judge Wood extended the stay to November 11 at the parties' request. On November 18, 2020, the case was dismissed.

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Summary Authors

Caitlin Kierum (7/20/2020)

Timothy Leake (10/28/2020)

Zofia Peach (2/8/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17059130/parties/benavides-v-gartland/

Judge(s)

Baker, R. Stan None (Georgia)

Cheesbro, Benjamin W. (Georgia)

Wood, Lisa Godbey (Georgia)

Attorneys(s) for Plaintiff

Brouillette, Amanda Nicole (Georgia)

Caldas, Tamara S. (Georgia)

Cassler, Rebecca (Georgia)

Chavez, Paul R (California)

Crow, Melissa E. (District of Columbia)

Isted, Kathryn E (Georgia)

Li, Hillary (Georgia)

Judge(s)

Baker, R. Stan None (Georgia)

Cheesbro, Benjamin W. (Georgia)

Wood, Lisa Godbey (Georgia)

Attorneys(s) for Plaintiff

Brouillette, Amanda Nicole (Georgia)

Caldas, Tamara S. (Georgia)

Cassler, Rebecca (Georgia)

Chavez, Paul R (California)

Crow, Melissa E. (District of Columbia)

Isted, Kathryn E (Georgia)

Li, Hillary (Georgia)

Mesa-Estrada, Victoria (Florida)

Nguyen, Phi U. (Georgia)

Reeves, Mark Howard (Georgia)

Sandley, Caitlin J. (Alabama)

Williams, Lorilei (Georgia)

Willis, Gracie Harper (Georgia)

Attorneys(s) for Defendant

Leithart, Otto Woelke (Georgia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER]	Nov. 18, 2020	Docket
1	Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Complaint for Declaratory and Injunctive Relief	April 8, 2020	Complaint
4-1 & 4-3 to 4-6	Memorandum of Law in Support of Motion for Temporary Restraining Order and Emergency Writ of Habeas Corpus	April 8, 2020	Pleading / Motion / Brief
32	Order 2020 WL 1914916	April 18, 2020	Order/Opinion
36	Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Complaint for Declaratory and Injunctive Relief	May 7, 2020	Complaint
41 & 41-1	Petitioners-Plaintiffs' Motion for Preliminary Injunction and Emergency Writ of Habeas Corpus	May 8, 2020	Pleading / Motion / Brief
89	Order 2020 WL 3839938	July 8, 2020	Order/Opinion
90	Order	July 13, 2020	Order/Opinion
101	Order	Nov. 18, 2020	Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17059130/benavides-v-gartland/

Last updated May 11, 2022, 8 p.m.

ECF Number	Description	Date	Link
1	PETITION for Writ of Habeas Corpus and Complaint for declaratory and injunctive relief, filed by David Fernandez, Jenner Benavides, Gerardo Arriaga. (Attachments: # 1 Civil Cover Sheet)(jrb) Modified on 4/9/2020 (jrb). (Entered: 04/08/2020)	April 8, 2020	PACER
2	Disclosure Statement pursuant to Local Rule 7.1.1 by Gerardo Arriaga, Jenner Benavides, David Fernandez. (jrb) (Entered: 04/08/2020)	April 8, 2020	PACER
3	Summons Issued as to Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S. Immagration and Customs Enforcement, Chad Wolf. (jrb) (Entered: 04/08/2020)	April 8, 2020	PACER
4	******* MOTION for Temporary Restraining Order by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Briefs, # 2 Exhibit Declaration of Mark H. Reeves, Esq., # 3 Exhibit 1 - Greifinger Declaration, # 4 Exhibit 2 - Cummings Declaration, # 5 Exhibit 3 - Zeidan Declaration, # 6 Exhibit 4 - Sandweg Declaration, # 7 Exhibit 5 - Yoon Declaration, # 8 Exhibit 6 - Rivera Declaration, # 9 Exhibit 7 - Benavides Declaration, # 10 Exhibit 8 - Fernandez Declaration, # 11 Exhibit 9 - Arriaga Declaration)(Reeves, Mark) (Entered: 04/08/2020)	April 8, 2020	PACER
5	******* MOTION for Leave to Proceed Under Pseudonyms and, MOTION for Protective Order by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Briefs)(Reeves, Mark) Modified on 4/20/2020 (WS). (Entered: 04/08/2020)	April 8, 2020	PACER
6	MOTION for Leave to Appear Pro Hac Vice for Rebecca Cassler Receipt Number AGASDC-2820034, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)	April 8, 2020	PACER
7	MOTION for Leave to Appear Pro Hac Vice for Paul Chavez Receipt Number AGASDC-2820037, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)	April 8, 2020	PACER
8	MOTION for Leave to Appear Pro Hac Vice Hillary Li Receipt Number AGASDC-2820050, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)	April 8, 2020	PACER
9	MOTION for Leave to Appear Pro Hac Vice for Phi Nguyen Receipt Number AGASDC-2820051, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)	April 8, 2020	PACER
10	MOTION for Leave to Appear Pro Hac Vice for Lorilei Williams Receipt Number AGASDC-2820052, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)	April 8, 2020	PACER
11	MOTION for Leave to Appear Pro Hac Vice for Gracie Willis Receipt Number AGASDC-2820053, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)	April 8, 2020	PACER
	Filing fee: $ 400.00, receipt number AGASDC-2819558. (jrb)	April 8, 2020	PACER
12	NOTICE of Appearance by Otto Woelke Leithart on behalf of Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S. Immagration and Customs Enforcement, Chad Wolf (Leithart, Otto) (Entered: 04/09/2020)	April 9, 2020	PACER
13	Summons Issued as to U.S. Attorney General. (wwp) (Entered: 04/09/2020)	April 9, 2020	PACER
14	NOTICE of Filing Deficiency re 9 MOTION for Leave to Appear Pro Hac Vice for Phi Nguyen, 8 MOTION for Leave to Appear Pro Hac Vice Hillary Li, 7 MOTION for Leave to Appear Pro Hac Vice for Paul Chavez, 10 MOTION for Leave to Appear Pro Hac Vice for Lorilei Williams, 11 MOTION for Leave to Appear Pro Hac Vice for Gracie Willis, 6 MOTION for Leave to Appear Pro Hac Vice for Rebecca Cassler. (wwp) Modified on 4/9/2020 (slt). (Entered: 04/09/2020)	April 9, 2020	PACER
	***Staff notes - All pro hac applicants (Docket entries 6-11) have never appeared in the SDGA. (wwp)	April 9, 2020	PACER
	MOTIONS REFERRED: 9 MOTION for Leave to Appear Pro Hac Vice for Phi Nguyen, 8 MOTION for Leave to Appear Pro Hac Vice Hillary Li, 7 MOTION for Leave to Appear Pro Hac Vice for Paul Chavez, 10 MOTION for Leave to Appear Pro Hac Vice for Lorilei Williams, 11 MOTION for Leave to Appear Pro Hac Vice for Gracie Willis, 6 MOTION for Leave to Appear Pro Hac Vice for Rebecca Cassler. (wwp)	April 9, 2020	PACER
15	ORDER directing the Clerk of Court to Transfer this Case to the Waycross Division. Signed by District Judge R. Stan Baker on 4/9/20. (jrb) (Entered: 04/09/2020)	April 9, 2020	RECAP
	Case assigned to Magistrate Judge Benjamin W. Cheesbro pursuant to divisional transfer of case. Magistrate Judge Christopher L. Ray no longer assigned to the case. (slt)	April 9, 2020	PACER
	*** Attorney Rebecca Cassler added for Petitioners. (edd)	April 10, 2020	PACER
	*** Attorney Paul Chavez added for Petitioners. (edd)	April 10, 2020	PACER
	*** Attorney Hillary Li added for Petitioners. (edd)	April 10, 2020	PACER
	Attorney Phi Nguyen added for Petitioners. (edd)	April 10, 2020	PACER
	Attorney Lorilei Williams added for Petitioners. (edd)	April 10, 2020	PACER
	Attorney Gracie Willis added for Petitioners. (edd)	April 10, 2020	PACER
16	TEXT ORDER granting 6 MOTION for Leave to Appear Pro Hac Vice by Rebecca Cassler. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)	April 10, 2020	PACER
17	TEXT ORDER granting 7 MOTION for Leave to Appear Pro Hac Vice by Paul Chavez. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)	April 10, 2020	PACER
18	TEXT ORDER granting 8 MOTION for Leave to Appear Pro Hac Vice by Hillary Li. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)	April 10, 2020	PACER
19	TEXT ORDER granting 9 MOTION for Leave to Appear Pro Hac Vice by Phi Nguyen. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)	April 10, 2020	PACER
20	TEXT ORDER granting 10 MOTION for Leave to Appear Pro Hac Vice by Lorilei Williams. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)	April 10, 2020	PACER
21	TEXT ORDER granting 11 MOTION for Leave to Appear Pro Hac Vice by Gracie Willis. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)	April 10, 2020	PACER
22	NOTICE of Hearing BY ELECTONIC MEANS on Motion 5 MOTION for Leave to Proceed Under Pseudonyms and MOTION for Protective Order, 4 MOTION for Temporary Restraining Order : Motion Hearing set for 4/15/2020 10:00 AM in BWK-DistVTC before Judge Lisa G. Wood. Counsel will receive dial in instructions in a follow up email.(WS) (Entered: 04/10/2020)	April 10, 2020	PACER
23	MOTION for Leave to Appear Pro Hac Vice for Victoria Mesa-Estrada Receipt Number AGASDC-2822187, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/27/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/13/2020)	April 13, 2020	PACER
	MOTIONS REFERRED: 23 MOTION for Leave to Appear Pro Hac Vice for Victoria Mesa-Estrada. (MG)	April 13, 2020	PACER
24	RESPONSE to Motion re 5 MOTION for Leave to Proceed Under Pseudonyms and MOTION for Protective Order filed by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Leithart, Otto) (Entered: 04/13/2020)	April 13, 2020	PACER
25	MOTION for Leave to Appear Pro Hac Vice for Kathryn Isted Receipt Number AGASDC-2822401, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/27/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/13/2020)	April 13, 2020	PACER
	MOTIONS REFERRED: 25 MOTION for Leave to Appear Pro Hac Vice for Kathryn Isted. (MG)	April 13, 2020	PACER
26	NOTICE of Filing Proposed Order re 5 MOTION for Leave to Proceed Under Pseudonyms and MOTION for Protective Order . (Reeves, Mark) Modified on 4/14/2020 (MG). (Entered: 04/14/2020)	April 14, 2020	PACER
	Attorney Victoria Mesa-Estrada added for Petitioners. (edd)	April 14, 2020	PACER
	Attorney Kathryn Isted added for Petitioners. (edd)	April 14, 2020	PACER
27	TEXT ORDER granting 23 MOTION for Leave to Appear Pro Hac Vice by Victoria Mesa-Estrada. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 14, 2020. (edd) (Entered: 04/14/2020)	April 14, 2020	PACER
28	TEXT ORDER granting 25 MOTION for Leave to Appear Pro Hac Vice by Kathryn Isted. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 14, 2020. (edd) (Entered: 04/14/2020)	April 14, 2020	PACER
	***Attorney Victoria Mesa-Estrada and Kathryn Isted added for Gerardo Arriaga, Jenner Benavides, and David Fernandez added. (MG)	April 14, 2020	PACER
29	RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order filed by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit Gartland Declaration, # 2 Exhibit Allen Declaration)(Leithart, Otto) (Entered: 04/14/2020) 1 Exhibit Gartland Declaration View on PACER 2 Exhibit Allen Declaration View on PACER	April 14, 2020	PACER
30	MOTION for Leave to File Supplemental Declarations by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/28/2020. (Attachments: # 1 Affidavit of Meredyth Yoon (Supplemental), # 2 Affidavit of Jenner Benavides (Supplemental), # 3 Affidavit of David Fernandez (Supplemental), # 4 Affidavit of Gerardo Arriaga (Supplemental), # 5 Text of Proposed Order Granting Motion for Leave to File Supplemental Declarations)(Li, Hillary) (Entered: 04/14/2020) 1 Affidavit of Meredyth Yoon (Supplemental) View on PACER 2 Affidavit of Jenner Benavides (Supplemental) View on PACER 3 Affidavit of David Fernandez (Supplemental) View on PACER 4 Affidavit of Gerardo Arriaga (Supplemental) View on PACER 5 Text of Proposed Order Granting Motion for Leave to File Supplemental Declaratio View on PACER	April 14, 2020	PACER
31	NOTICE re 22 Notice of Hearing on Motion - publicly accessible audio conference line instructions. (WS) (Entered: 04/14/2020)	April 14, 2020	PACER
	ORAL ORDER granting 30 Motion Leave to File Supplemental Declarations ; granting 5 MOTION for Leave to Proceed Under Pseudonyms, MOTION for Protective Order. Signed by Judge Lisa G. Wood on 04/15/2020. (WS) Modified on 4/20/2020 (WS).	April 16, 2020	PACER
32	ORDER denying 4 Motion for preliminary relief. Signed by Judge Lisa G. Wood on 04/18/2020. (WS) (Entered: 04/18/2020)	April 18, 2020	RECAP
33	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 04/15/2020, before Judge Lisa Godbey Wood. Court Reporter/Transcriber Debbie Gilbert, Telephone number (912) 262-2608. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (Transcript Redaction Policy Issued or Click here to view Transcript Redaction Policy) Redaction Request due 5/10/2020. Redacted Transcript Deadline set for 5/20/2020. Release of Transcript Restriction set for 7/18/2020. (Gilbert, Debra) (Entered: 04/19/2020)	April 19, 2020	PACER
34	MOTION to Dismiss by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 5/15/2020. (Leithart, Otto) (Entered: 05/01/2020)	May 1, 2020	PACER
35	MOTION to Seal Declaration Exhibit by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 5/15/2020. (Attachments: # 1 Text of Proposed Order)(Leithart, Otto) (Entered: 05/01/2020)	May 1, 2020	PACER
	MOTIONS REFERRED: 35 MOTION to Seal Declaration Exhibit, 34 MOTION to Dismiss. (MG)	May 4, 2020	PACER
36	AMENDED COMPLAINT Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 and Complaint for Declaratory and Injunctive Relief against David Fernandez, Jenner Benavides, Gerardo Arriaga, Winston Brown, Ajit Kumar, Scott James, filed by David Fernandez, Jenner Benavides, Gerardo Arriaga, Winston Brown, Ajit Kumar, Scott James.(Reeves, Mark) (Entered: 05/07/2020)	May 7, 2020	PACER
37	******* MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 5/21/2020. (Attachments: # 1 Briefs Memo ISO Motion for Emergency Inspection, # 2 Affidavit Declaration of Rebecca Cassler, # 3 Exhibit Ex. 1 Notice of Inspection, # 4 Exhibit Ex. 2 Petitioners' First Interrogatories to Respondents, # 5 Exhibit Ex. 3 Declaration of Scott James, # 6 Exhibit Ex. 4 Declaration of Ajit Kumar, # 7 Exhibit Ex. 5 Declaration of Winston Brown, # 8 Exhibit Ex. 6 Second Supplemental Declaration of Jenner Benavides, # 9 Exhibit Ex. 7 Second Supplemental Declaration of David Fernandez, # 10 Exhibit Ex. 8 Second Supplemental Declaration of Gerardo Arriago, # 11 Exhibit Ex. 9 Modeling Study, # 12 Exhibit Ex. 10 Chunn v. Edge, Dkt 43, # 13 Exhibit Ex. 11 Malam v. Adducci, Dkt. 53, # 14 Exhibit Ex. 12 Banks v. Booth, Dkt 34, # 15 Exhibit Ex. 13 Supplemental Declaration of Homer Venters, M.D., # 16 Exhibit Ex. 14 Supplemental Declaration of Meredyth Yoon, # 17 Text of Proposed Order Proposed Order)(Reeves, Mark) (Entered: 05/07/2020)	May 7, 2020	PACER
38	MOTION for Leave to Proceed Under Pseudonym and For a Protective Order by Winston Brown, Ajit Kumar. Responses due by 5/21/2020. (Attachments: # 1 Text of Proposed Order Proposed Order)(Reeves, Mark) (Entered: 05/07/2020)	May 7, 2020	PACER
	TEXT ONLY NOTICE of Hearing: TELEPHONIC Status Conference set for 5/8/2020 12:15 PM in L G Wood Chambers before Judge Lisa G. Wood. To dial in as a participant dial 1-888-684-8852, When prompted, enter Access Code: 1384176, When prompted, enter Security Code: 0046.(WS)	May 7, 2020	PACER
39	Consent MOTION for Leave to File Excess Pages for Memo ISO Motion for Preliminary Injunction by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 5/22/2020. (Reeves, Mark) (Entered: 05/08/2020)	May 8, 2020	PACER
40	ORDER granting 35 Motion to Seal Declaration Exhibit . Signed by Magistrate Judge Benjamin W. Cheesbro on 05/08/2020. (MG) (Entered: 05/08/2020)	May 8, 2020	PACER
41	******* MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 5/22/2020. (Attachments: # 1 Briefs Memo ISO Motion for Preliminary Injunction and Emergency Writ of Habeas Corpus, # 2 Affidavit Declaration of Hillary Li, Esq., # 3 Exhibit Ex. 1 Declaration of Homer Venters, M.D.)(Reeves, Mark) (Entered: 05/08/2020)	May 8, 2020	PACER
42	Minute Entry for proceedings held before Judge Lisa G. Wood: Telephone Status Conference held on 5/8/2020. (Court Reporter Debbie Gilbert.) (WS) (Entered: 05/08/2020)	May 8, 2020	PACER
	ORAL ORDER granting 38 Motion for Leave to Proceed Under Pseudonym and For a Protective Order; granting 39 Motion for Leave to File Excess Pages. Signed by Judge Lisa G. Wood on 05/08/2020. (WS)	May 8, 2020	PACER
	TEXT ONLY NOTICE of Telephonic Status conference on Motion 37 MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction : Telephonic Status Conference set for 5/13/2020 03:00 PM in BWC Chambers before Magistrate Judge Benjamin W. Cheesbro. Counsel to receive dial-in instructions via email prior to hearing.(WS)	May 8, 2020	PACER
	MOTIONS REFERRED: 37 MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction, pursuant to 42 . (MG)	May 8, 2020	PACER
	Set/Reset Deadlines as to 37 MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction. Responses due by 5/11/2020, pursuant to 42 . (MG)	May 8, 2020	PACER
	Set/Reset Deadlines as to 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus. Responses due by 5/21/2020. Replies due by 5/22/2020, pursuant to 42 . (MG)	May 8, 2020	PACER
	Motions No Longer Referred: 34 MOTION to Dismiss. (MG)	May 11, 2020	PACER
44	RESPONSE in Opposition re 37 MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction filed by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Leithart, Otto) (Entered: 05/11/2020)	May 11, 2020	PACER
45	Brief in Support re 37 MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction, 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus filed by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. (Attachments: # 1 Declaration of Gracie Willis, Esq., # 2 Exhibit 1 Dkt 52 Swain v. Miami-Dade County (20-cv-21457 S.D. Fla.), # 3 Exhibit 2 Dkt 53 Seth v. McDonough (20-cv-01028 D. Md.), # 4 Exhibit 3 Dkt 27 Cameron v. Bouchard (20-cv-10949 S.D. Mich.), # 5 Exhibit 4 Dkt 53 Chun v. Edge (20-cv-01590 E.D. N.Y.), # 6 Exhibit 5 Dkt 72-1 Chun v. Edge (20-cv-01590 E.D. N.Y.))(Reeves, Mark) (Entered: 05/12/2020)	May 12, 2020	PACER
46	Minute Entry for proceedings held before Magistrate Judge Benjamin W. Cheesbro. Telephonic Status Conference held on 5/13/2020. (Tape #BWC-CHAMBERS.) (km) (Entered: 05/14/2020)	May 13, 2020	PACER
	Set/Reset Deadlines: Status Report due by 5/18/2020, pursuant to 46 . (MG)	May 14, 2020	PACER
	NOTICE OF HEARING BY ELECTRONIC MEANS on Motion 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus : The Motion hearing will be held on 6/9/2020 09:00 AM in BWK-DistVTC before Judge Lisa G. Wood. Parties will receive login instructions via email. For Public access to this hearing, please dial 1-888-684-8852, enter the call access code 2296092 and enter the security code 1234.(WS)	May 18, 2020	PACER
47	MOTION to Dismiss Amended Petition by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 6/1/2020. (Attachments: # 1 Exhibit Interim CDC Guidance)(Leithart, Otto) (Entered: 05/18/2020)	May 18, 2020	PACER
48	MOTION to Stay Discovery by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 6/1/2020. (Attachments: # 1 Text of Proposed Order)(Leithart, Otto) (Entered: 05/18/2020)	May 18, 2020	PACER
	MOTIONS REFERRED: 48 MOTION to Stay Discovery. (MG)	May 18, 2020	PACER
49	STATUS REPORT by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Leithart, Otto) (Entered: 05/18/2020)	May 18, 2020	PACER
50	STATUS REPORT by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. (Attachments: # 1 Exhibit A - Second Supplemental Declaration of Homer Ventures, M.D.)(Reeves, Mark) (Entered: 05/18/2020)	May 18, 2020	PACER
51	MOTION for Leave to Appear Pro Hac Vice for Melissa Crow Receipt Number AGASDC-2843721, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 6/2/2020. (Attachments: # 1 Exhibit Certificate of Good Standing)(Reeves, Mark) (Entered: 05/19/2020)	May 19, 2020	PACER
	MOTIONS REFERRED: 51 MOTION for Leave to Appear Pro Hac Vice for Melissa Crow Receipt Number AGASDC-2843721, Fee Amount $200. (MG)	May 19, 2020	PACER
52	TEXT ORDER granting 51 MOTION for Leave to Appear Pro Hac Vice by Melissa Crow. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on May 20, 2020. (edd) (Entered: 05/20/2020)	May 20, 2020	PACER
53	ORDER granting in part and denying in part 37 Motion for Emergency Inspection and Other Expedited Discovery. Signed by Magistrate Judge Benjamin W. Cheesbro on 5/20/2020. (ca) (Entered: 05/20/2020)	May 20, 2020	RECAP
54	MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 6/4/2020. (Attachments: # 1 Text of Proposed Order)(Leithart, Otto) (Entered: 05/21/2020)	May 21, 2020	PACER
55	ORDER granting 54 MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus . Responses due by 6/4/2020. Replies due by 6/5/2020. Signed by Judge Lisa G. Wood on 05/21/2020. (WS) (Entered: 05/21/2020)	May 21, 2020	PACER
	Set/Reset Deadlines as to 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus. Responses due by 6/4/2020. Replies due by 6/5/2020. (MG)	May 22, 2020	PACER
56	OBJECTIONS to Petitioner's Requests for Production by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit Petitioners' Requests for Production)(Leithart, Otto). Modified on 5/28/2020 (MG). (Entered: 05/27/2020)	May 27, 2020	PACER
	NOTICE of Hearing: Telephonic Status Conference set for 5/28/2020 01:30 PM in Chambers before Magistrate Judge Benjamin W. Cheesbro. Dial-in instructions will be provided by Courtroom Deputy Clerk prior to scheduled call. (km)	May 27, 2020	PACER
57	Minute Entry for proceedings held before Magistrate Judge Benjamin W. Cheesbro. Telephonic Status Conference held on 5/28/2020. (Tape #BWC-CHAMBERS.) (km) (Entered: 05/29/2020)	May 28, 2020	PACER
58	MOTION for Leave to Appear Pro Hac Vice for Caitlin J. Sandley Receipt Number AGASDC-2852463, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 6/12/2020. (Attachments: # 1 Certificate of Good Standing)(Reeves, Mark) (Additional attachment(s) added on 6/1/2020: # 2 Statement of Cases) (MG). (Entered: 05/29/2020)	May 29, 2020	PACER
59	MOTION for Leave to Appear Pro Hac Vice for Amanda N. Brouillette Receipt Number AGASDC-2852490, Fee Amount $200, by Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 6/12/2020. (Attachments: # 1 Certificate of Good Standing)(Reeves, Mark) (Additional attachment(s) added on 6/1/2020: # 2 Statement of Cases) (MG). (Entered: 05/29/2020)	May 29, 2020	PACER
	MOTIONS REFERRED: 58 MOTION for Leave to Appear Pro Hac Vice for Caitlin J. Sandley Receipt Number AGASDC-2852463, Fee Amount $200. 59 MOTION for Leave to Appear Pro Hac Vice for Amanda N. Brouillette Receipt Number AGASDC-2852490, Fee Amount $200. (MG)	June 1, 2020	PACER
60	TEXT ORDER granting 58 MOTION for Leave to Appear Pro Hac Vice by Caitlin J. Sandley. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on June 1, 2020. (edd) (Entered: 06/01/2020)	June 1, 2020	PACER
61	TEXT ORDER granting 59 MOTION for Leave to Appear Pro Hac Vice by Amanda N. Brouillette. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on June 1, 2020. (edd) (Entered: 06/01/2020)	June 1, 2020	PACER
62	RESPONSE in Opposition re 48 MOTION to Stay Discovery filed by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. (Reeves, Mark) (Entered: 06/01/2020)	June 1, 2020	PACER
63	Consent MOTION for Protective Order by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 6/15/2020. (Attachments: # 1 Protective Order)(Leithart, Otto) Modified on 6/2/2020 (slt). (Entered: 06/01/2020)	June 1, 2020	PACER
64	RESPONSE in Opposition re 47 MOTION to Dismiss Amended Petition filed by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. (Reeves, Mark) (Entered: 06/01/2020)	June 1, 2020	PACER
65	NOTICE of Intent to Reply by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf re 62 Response in Opposition to Motion. (Leithart, Otto) (Entered: 06/02/2020)	June 2, 2020	PACER
66	NOTICE of Intent to Reply by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf re 64 Response in Opposition to Motion. (Leithart, Otto) (Entered: 06/02/2020)	June 2, 2020	PACER
67	ORDER granting 63 Motion for Protective Order. Signed by Magistrate Judge Benjamin W. Cheesbro on 6/2/2020. (ca) (Entered: 06/02/2020)	June 2, 2020	PACER
68	MOTION for Leave to File Under Seal by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 6/18/2020. (Reeves, Mark) (Entered: 06/04/2020)	June 4, 2020	PACER
69	RESPONSE in Opposition re 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus filed by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit Fontanazza Declaration, # 2 Exhibit Warren Declaration, # 3 Exhibit MDGA Order)(Leithart, Otto) (Entered: 06/04/2020)	June 4, 2020	PACER
70	ORDER granting 68 Motion for Leave to File Under Seal. The Clerk is DIRECTED to permit Petitioners to file their reply brief and exhibits under seal. Petitioners may file a redacted version for public viewing by June 12, 2020. Signed by Judge Lisa G. Wood on 6/5/2020. (ca) (Entered: 06/05/2020)	June 5, 2020	PACER