Case: Bentick v. Decker

B. v. Tsoukaris

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19314840)Document filed by Elmer Ramos Macario, Derron Bentick, Carlos Godoy Lopez, Darwin Avila Huayamave, Everod Reid..(Menschel, Brooke) (Entered: 04/02/2020)

CIVIL COVER SHEET filed..(Menschel, Brooke) (Entered: 04/02/2020)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brooke Menschel. The party information for the following party/parties has been modified: Thomas Decker, Acting Sec. of DHS Chad Wolf. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)

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

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

Case Designated ECF. (pc)

PROPOSED STIPULATION AND ORDER. Document filed by Thomas Decker..(Cha-Kim, Stephen) (Entered: 04/04/2020)

STIPULATION AND ORDER OF TRANSFER OF VENUE. IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action shall be and hereby is transferred to the United States District Court for the District of New Jersey, Newark Division; and IT IS ORDERED that the seven-day waiting period in Local Civil Rule 83.1 is waived and the Clerk of Court is respectfully directed to effectuate this transfer urgently. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/4/20) (yv) (Entered: 04/06/2020)

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(yv)

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-02759. Original file certified copy of transfer order and docket sheet received. (Entered: 04/06/2020)

Case Transferred Out - District Court Transfer

Add and Terminate Judges

Judge John Michael Vazquez added. (ps, )

TEXT ORDER: Scheduling a telephone conference for April 9, 2020 at 3:00 p.m. regarding the pending emergent application for release. The court will provide counsel with dial-in instructions. So Ordered by Judge John Michael Vazquez on 4/8/2020. (ro, ) (Entered: 04/08/2020)

Order

NOTICE of Appearance by KRUTI D. DHARIA on behalf of THOMAS DECKER, Chad Wolf (DHARIA, KRUTI) (Entered: 04/08/2020)

NOTICE of Appearance by ELIZABETH ANN PASCAL on behalf of THOMAS DECKER, Chad Wolf (PASCAL, ELIZABETH) (Entered: 04/08/2020)

NOTICE of Appearance by NABILA J TAJ on behalf of Darwin Avila Huayamave, Derron Bentick, Carlos Godoy Lopez, EVEROD REID, Elmer Ramos Macario (TAJ, NABILA) (Entered: 04/09/2020)

Order

MOTION for Leave to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Declaration of Brooke Menschel, # 2 Text of Proposed Order)(TAJ, NABILA) (Entered: 04/09/2020)

Second MOTION for Leave to Appear Pro Hac Vice by Darwin Avila Huayamave, Derron Bentick, Carlos Godoy Lopez, EVEROD REID, Elmer Ramos Macario. (Attachments: # 1 Declaration of Alexandra Lampert, # 2 Text of Proposed Order)(TAJ, NABILA) (Entered: 04/09/2020)

Minute Entry for proceedings held before Judge John Michael Vazquez: Status telephone Conference held on 4/9/2020. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 04/09/2020)

TEXT ORDER: Opposition to the pending emergent application is due by April 14, 2020. Oral argument is scheduled for April 15, 2020 at 3:00 p.m. by telephone conference. Counsel are to utilize the dial-in instructions the court previously provided. So Ordered by Judge John Michael Vazquez on 4/9/2020. (ro, (Entered: 04/09/2020)

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice admission for BROOKE MENSCHEL etc. Signed by Judge John Michael Vazquez on 4/9/2020. (bt, ) (Entered: 04/09/2020)

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice admission for ALEXANDRA LAMPERT etc. Signed by Judge John Michael Vazquez on 4/9/2020. (bt, ) (Entered: 04/09/2020)

AMENDED COMPLAINT against THOMAS DECKER, Chad Wolf, STEVE AHRENDT, RONALD P EDWARDS, filed by Carlos Godoy Lopez, Darwin Avila Huayamave, Derron Bentick, Elmer Ramos Macario, EVEROD REID, Bairon Gomez Membreno, Erlin Parada Molina, Efrain De Jesus Recinos Guzman.(TAJ, NABILA) (Entered: 04/12/2020)

MOTION for Temporary Restraining Order by Bairon Gomez Membreno, Erlin Parada Molina, EVEROD REID, Elmer Ramos Macario, Efrain De Jesus Recinos Guzman. (Attachments: # 1 Declaration Saenz Declaration, # 2 Declaration Basank Declaration, # 3 Declaration CGL Declaration, # 4 Declaration Dioni Declaration, # 5 Declaration Legall Declaration, # 6 Declaration Lituma Declaration, # 7 Declaration Martinez Declaration, # 8 Declaration Sanchez Declaration)(TAJ, NABILA) (Entered: 04/12/2020)

Letter from the respondents regarding the amended petition. (DHARIA, KRUTI) (Entered: 04/13/2020)

Set/Reset Motion and R&R Deadlines/Hearings

~Util - Set/Reset Motion and R&R Deadlines/Hearings

Order

Set/Reset Deadlines as to 17 MOTION for Temporary Restraining Order. Motion set for 5/18/2020 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, )

TEXT ORDER : This Court's prior order filed at D.E.13 setting forth the briefing schedule and hearing date as to 17 MOTION for Temporary Restraining Order Motion will be heard on 4/15/2020 at 3:00 PM. So Ordered by Judge John Michael Vazquez on 4/13/2020. (ro, ) (Entered: 04/13/2020)

BRIEF in Opposition filed by STEVE AHRENDT, THOMAS DECKER, RONALD P EDWARDS, CHAD WOLF re 17 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit 1 - 2020-03-23 Interim Guidance on Management of Coronavirus Disease, # 2 Exhibit 2 - 2020-03-27 Memorandum for Detention Wardens and Superintendents on COVID-19, # 3 Exhibit 3 - 2020-04-04 - UPDATED COVID-19 Guidance re Detained Docket Review, # 4 Exhibit 4 - Everod R. Medical Records, # 5 Exhibit 5 - Everod R. Bond Denial, # 6 Exhibit 6 - Elmer M. Medical Records, # 7 Exhibit 7 - Elmer M. NTA, # 8 Exhibit 8 - Elmer M. I-213, # 9 Exhibit 9 - Elmer M. Crim. Compl., # 10 Exhibit 10 - Decl. Director Edwards, Hudson Cnty., # 11 Exhibit 11 - Decl. Warden Ahrendt, Bergen Co., # 12 Exhibit 12 - Yusuf L. Order, # 13 Exhibit 13 - Francisco M. Order, # 14 Exhibit 14 - 2020-04-10 - ERO COVID19 Response Reqs Clean Facilities, # 15 Exhibit 15 - Decl. of Deportation Officer Dare Aniyikaiye, # 16 Certificate of Service)(PASCAL, ELIZABETH) (Entered: 04/14/2020)

Exhibit to 20 Brief in Opposition to Motion,,,, Ex. 6 - Con't - Add'l Med. Records for Elmer M. by STEVE AHRENDT, THOMAS DECKER, RONALD P EDWARDS, CHAD WOLF. (Attachments: # 1 Exhibit 6 - Con't Elmer M. Med. Records)(PASCAL, ELIZABETH) (Entered: 04/15/2020)

Order

REPLY BRIEF to Opposition to Motion filed by All Plaintiffs re 17 MOTION for Temporary Restraining Order (Attachments: # 1 Declaration of Robert B. Greifinger, MD, # 2 Declaration of Homer Venters, # 3 Declaration of Andrea Saenz, Esq., # 4 Statement of Kristopher Tyndall, Legal Aid Society attorney, # 5 Statement of Alexis Donovan, LMSW, re Mr. Ramos Macario, # 6 Exhibit 2018 Certificate of Disposition, dismissing case, # 7 Statement of Complaining Witness Explaining Charges Were False, # 8 Exhibit 2000 Certificate of Disposition, # 9 Exhibit 2018 Certificate of Disposition, # 10 Declaration of Tyisha Wilson with attached drivers license, # 11 Statement of Alexis Donovan, LMSW, re Mr. Reid)(TAJ, NABILA) (Entered: 04/15/2020)

Minute Entry for proceedings held before Judge John Michael Vazquez: Hearing held on 4/15/2020 regarding the pending emergent application for release. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 04/15/2020)

TEXT ORDER: Pursuant to the telephone conference held on April 14, 2020, the Government shall file their factual response, along with supporting documents, as to Petitioners Bairan Gomez Membreno and Erlin Parada Molina by April 16, 2020. So Ordered by Judge John Michael Vazquez on 4/15/2020. (ro, ) (Entered: 04/15/2020)

Letter from the respondents regarding their factual response as to Membreno and Molina. (Attachments: # 1 Exhibit 1 (Membreno Form I-213), # 2 Exhibit 2 (Membreno RAP sheet), # 3 Exhibit 3 (Membreno Notice to Appear), # 4 Exhibit 4 (Membreno Bond Order), # 5 Exhibit 5 (Membreno Medical Records), # 6 Exhibit 6 (Molina Medical Records), # 7 Exhibit 7 (Molina Notice to Appear), # 8 Exhibit 8 (IJ's order, dated November 17, 2019), # 9 Exhibit 9 (Molina bond decision), # 10 Exhibit 10 (Molina Form I-213), # 11 Exhibit 11 (Molina bond decision), # 12 Exhibit 12 (Molina BIA dismissal of appeal))(DHARIA, KRUTI) (Entered: 04/16/2020)

Letter from Elizabeth Pascal re: Update on Case. (PASCAL, ELIZABETH) (Entered: 04/17/2020)

STATUS REPORT by Darwin Avila Huayamave, Derron Bentick, Carlos Godoy Lopez, Bairon Gomez Membreno, Erlin Parada Molina, EVEROD REID, Elmer Ramos Macario, Efrain De Jesus Recinos Guzman. (Attachments: # 1 Affidavit Lauterback Declaration, # 2 Affidavit Julstrom-Agoyo Declaration)(TAJ, NABILA) (Entered: 04/18/2020)

RESPONSE in Support filed by Darwin Avila Huayamave, Derron Bentick, Carlos Godoy Lopez, Bairon Gomez Membreno, Erlin Parada Molina, EVEROD REID, Elmer Ramos Macario, Efrain De Jesus Recinos Guzman re 17 MOTION for Temporary Restraining Order (Attachments: # 1 Affidavit Gonsalves Declaration, # 2 Affidavit Venters Declaration, # 3 Affidavit Santos Declaration)(TAJ, NABILA) (Entered: 04/19/2020)

Letter from Brooke Menschel. (TAJ, NABILA) (Entered: 04/19/2020)

Letter from the respondents regarding Reid and Molina. (DHARIA, KRUTI) (Entered: 04/20/2020)

Letter from the respondents regarding Membreno's test result and enclosing updated declaration from the Bergen Facility. (DHARIA, KRUTI) (Entered: 04/21/2020)

Letter from Brooke Menschel. (Attachments: # 1 Exhibit Doctor Letter, # 2 Affidavit Soto Declaration, # 3 Affidavit Lauterback Declaration, # 4 Affidavit Coomes Declaration, # 5 Affidavit McCarthy Declaration)(TAJ, NABILA) (Entered: 04/27/2020)

Letter from the respondents re 32 Letter. (Attachments: # 1 Exhibit 1( Macario Ramos's updated medical records), # 2 Exhibit 2 (Molina's updated medical records), # 3 Exhibit 3 (Reid's updated medical records), # 4 Declaration of Warden Ahrednt, dated April 27, 2020, # 5 Declaration of Director Edwards, dated April 27, 2020)(DHARIA, KRUTI) (Entered: 04/28/2020)

OPINION. Signed by Judge John Michael Vazquez on 4/30/20. (jc, )

ORDER denying the 17 Motion of Petitioners Derron B., Darwin O.A. H., Efrain R.G., and Carlos G.L ("Released Petitioners") for a TRO without prejudice as moot. If the Released Petitioners do not believe that their habeas petition (D.E. 1, 16) is now moot in light of their release, the briefing schedule (see Order) shall apply. The 17 Motion of Petitioners Elmer R.M., Everod R., Bairon J. G.M., and Erlin P.M. for a TRO is denied without prejudice. For reasons discussed in Standing Order 2020-10 and using this Court's discretion, the Clerk shall sever Petitioners Derron B., Darwin O.A. H., Efrain R.G., Carlos G.L, Elmer R.M., Everod R., Bairon J. G.M., and Erlin P.M. after the first named Petitioner and file all documents in the originally opened case into separate individual actions with one named Petitioner, each with his own civil action number; the first named Petitioner shall remain as the only named Petitioner in this initially opened case. When this case is severed, each severed Petitioner shall be responsible for paying the applicable filing fee or submitting a completed IFP application. All of the newly opened cases from this matter shall be assigned to Judge John Michael Vazquez. Signed by Judge John Michael Vazquez on 4/30/20. (jc, ) (Entered: 04/30/2020)

Letter from Brooke Menschel re 35 Order on Motion for TRO,,,,,. (TAJ, NABILA) (Entered: 05/08/2020)

ORDER dismissing this matter without prejudice. The Clerk shall mark this case as closed. Signed by Judge John Michael Vazquez on 5/19/20. (jc, ) (Entered: 05/20/2020)