Case: Rafael L.O. v. Tsoukaris

Liriano Olivo v. Tsoukaris

L.O. v. Tsoukaris

L.O. v. Tsoukaris

L.O. v. Tsoukaris

L.O. v. Decker

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-10631730.), filed by VICTOR MEDINA LOPEZ, ADRRIAN ENRIQUE GONZALEZ GARZA, MICHAELL ACOSTA GRANADOS, RAFAEL LIRIANO OLIVO, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of Matthew Johnson, # 3 Exhibit C: Declaration of Ilana Herr, # 4 Exhibit F: Declaration of Joelle Lingat, # 5 Exhibit K: Declaration of Anna Byers, # 6 Exhibit M: Declaration of Dr. Allen Keller, # 7 Exhibit N: Declaration of Jordan Weiner, # 8 Exhibit O: Declaration of Dr. Elizabeth Singer, # 9 Exhibit P: Declaration of Rosa Santana, # 10 Exhibit Q: Letter to Newark ICE Field Office, # 11 Exhibit R: Emails from Essex County Chief of Staff Philip B. Alagia, # 12 Exhibit S: Email from EOIR, # 13 Exhibit T: Declaration of Dr. Ranit Mishori, # 14 Exhibit U: Letter to Members of Congress, # 15 Exhibit V: Declaration of Dr. Jamie Meyer, # 16 Exhibit W: Declaration of Dora Schriro, # 17 Exhibit X: Order in Coronel v. Decker, No. 20-cv-2472 (S.D.N.Y. Mar. 27, 2020), # 18 Exhibit Y: Order in Basank v. Decker, 20 Civ. 2518 (S.D.N.Y. Mar. 26, 2020), # 19 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/01/2020)

Exhibit to 1 Petition for Writ of Habeas Corpus,,,, (Exhibits A, B, D, E, G, H, I, J, L filed under temporary seal pursuant to L. Civ. R. 5.3(c)) by MICHAELL ACOSTA GRANADOS, ADRRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Exhibit A: Medical Records of Rafael Liriano Olivio, # 2 Exhibit B: Letter from Dr. Carol L. Kessler, # 3 Exhibit D: Medical Records of Adrian Gonzalez Garza, # 4 Exhibit E: Declaration of Dr. Raman Nohria, # 5 Exhibit G: Medical Records of Victor Medina Lopez, # 6 Exhibit H: Letter from Dr. Peggy Leung, # 7 Exhibit I: Medical Records of Michaell Acosta Granados, # 8 Exhibit J: Letter of Dr. Farnaz Farhi, et al., # 9 Exhibit L: Medical Records of Javier Santiago Martinez, # 10 Certificate of Service)(JOHNSON, MATTHEW)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 04/01/2020)

Case assigned to Judge John Michael Vazquez. (jr)

Order

NOTICE of Appearance by JOHN TUDOR STINSON, JR on behalf of MATTHEW T. ALBENCE, WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, JOHN TSOUKARIS, CHAD F. WOLF (STINSON, JOHN) (Entered: 04/02/2020)

CLERK'S QUALITY CONTROL MESSAGE - The 3 Notice of Appearance filed by John Stinson on 4/2/2020 contains the incorrect case number. Please resubmit the Notice of Appearance. (qa, )

NOTICE of Appearance by JOHN TUDOR STINSON, JR on behalf of MATTHEW T. ALBENCE, WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, JOHN TSOUKARIS, CHAD F. WOLF (STINSON, JOHN) (Entered: 04/02/2020)

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Order to Show Cause by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Brief in Support of Motion for Temporary Restraining Order, Immediate Release Pursuant to Lucas v. Hadden, and/or Order to Show Cause, # 2 Text of Proposed Order, # 3 Exhibit List, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/02/2020)

Set Deadlines as to 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Order to Show Cause . Motion set for 5/4/2020 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. (qa, )

TEXT ORDER: Scheduling a telephone conference for April 3, 2020 at 2:00 p.m. regarding the pending application for temporary restraining order. The court shall provide counsel with dial-in information. So Ordered by Judge John Michael Vazquez on 4/2/2020. (ro, ) (Entered: 04/02/2020)

MOTION for Leave to Appear Pro Hac Vice (Leila Kang) by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Declaration of Leila Kang in Support of Application for Admission Pro Hac Vice, # 2 Declaration of Matthew Johnson in Support of Application for Admission Pro Hac Vice, # 3 Text of Proposed Order, # 4 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/03/2020)

Order

MOTION for Leave to Appear Pro Hac Vice (Lauren Major) by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Declaration of Lauren Major in Support of Application for Admission Pro Hac Vice, # 2 Declaration of Matthew Johnson in Support of Application for Admission Pro Hac Vice, # 3 Text of Proposed Order, # 4 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/03/2020)

MOTION for Leave to Appear Pro Hac Vice (Anna Byers) by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Declaration of Anna Byers in Support of Application for Admission Pro Hac Vice, # 2 Declaration of Matthew Johnson in Support of Application for Admission Pro Hac Vice, # 3 Text of Proposed Order, # 4 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/03/2020)

NOTICE of Appearance by KRUTI D. DHARIA on behalf of MATTHEW T. ALBENCE, WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, JOHN TSOUKARIS, CHAD F. WOLF (DHARIA, KRUTI) (Entered: 04/03/2020)

Letter from AUSA Stinson with Declaration regarding ECCF. (STINSON, JOHN) (Entered: 04/03/2020)

CLERK'S QUALITY CONTROL MESSAGE - The Declarations of Leila Kang, Lauren Major, and Anna Byers contained in the Motions for Leave to Appear Pro Hac Vice (D.E 7, D.E 8, D.E 9 ) submitted by Matthew Johnson on 4/3/2020 contain improper signatures. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (qa, )

Set Deadlines as to 8 MOTION for Leave to Appear Pro Hac Vice (Lauren Major), 7 MOTION for Leave to Appear Pro Hac Vice (Leila Kang), 9 MOTION for Leave to Appear Pro Hac Vice (Anna Byers). Motion set for 5/4/2020 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. (qa, )

Minute Entry for proceedings held before Judge John Michael Vazquez: Status phone conference held on 4/3/2020. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 04/03/2020)

TEXT ORDER: Pending before the Court is Petitioners motion for temporary restraints. D.E. 5. As discussed during the telephone conference with counsel on April 3, 2020, Respondents shall submit any opposition by April 6, 2020. Petitioners are also granted leave to file supplemental information in support of their motion by April 6. The Court will hear argument on the motion, by teleconference, on April 7, 2020 at 4:00 p.m. So Ordered by Judge John Michael Vazquez on 4/3/2020. (ro, ) (Entered: 04/03/2020)

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice for Leila Kang, Esq., etc. Signed by Judge John Michael Vazquez on 4/6/2020. (th, ) (Entered: 04/06/2020)

ORDER granting 8 Motion for Leave to Appear Pro Hac Vice for Lauren Major, Esq., etc. Signed by Judge John Michael Vazquez on 4/6/2020. (th, ) (Entered: 04/06/2020)

ORDER granting 9 Motion for Leave to Appear Pro Hac Vice for Anna Byers, Esq., etc. Signed by Judge John Michael Vazquez on 4/6/2020. (th, ) (Entered: 04/06/2020)

MEMORANDUM in Opposition filed by JOHN TSOUKARIS, CHAD F. WOLF re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Order to Show Cause (Attachments: # 1 Declaration of Director Ortiz, # 2 Exhibit A (Interim guidance of Management of COVID-19), # 3 Exhibit B (ICE Memo on COVID-19), # 4 Exhibit C (Olivo NTA), # 5 Exhibit D (Olivo Judgment of Conviction), # 6 Exhibit E (Olivo Form I-213), # 7 Exhibit F (Martinez NTA), # 8 Exhibit G (Martinez Form I-213), # 9 Exhibit H (Martinez Criminal Complaint), # 10 Exhibit I (Martinez Request of Bond Withdrawal), # 11 Exhibit J (Martinez Denial of Release), # 12 Exhibit K (Garza NTA), # 13 Exhibit L (Garza Form I-213), # 14 Exhibit M (Garza Bond Order), # 15 Exhibit N (BIA's rejection of Garza's appeal), # 16 Exhibit O (Francisco M. v. Decker), # 17 Exhibit P (Lateef v. Decker), # 18 Exhibit Q (Garza Denial of Release), # 19 Exhibit R (Olivo Denial of Release))(DHARIA, KRUTI) (Entered: 04/06/2020)

Exhibit Index to Re 5 Motion for TRO,,, Motion for Preliminary Injunction,,, Motion for Order to Show Cause,,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(JOHNSON, MATTHEW) (Entered: 04/06/2020)

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Exhibit Index to Re 5 Motion for TRO,,, Motion for Preliminary Injunction,,, Motion for Order to Show Cause,,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/07/2020)

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10 Certificate of Service

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Letter from Matthew Johnson re 17 Memorandum in Opposition of Motion,,,,. (Attachments: # 1 Exhibit A, Release Documents from Criminal Arrest of Petitioner Santiago Martinez, # 2 Exhibit B, Parole Documents for Petitioner Liriano Olivo, # 3 Exhibit C, Memorandum and Order, Hope v. Doll (M.D.Pa. Apr. 7, 2020))(JOHNSON, MATTHEW) (Entered: 04/07/2020)

Minute Entry for proceedings held before Judge John Michael Vazquez: Motion Hearing held on 4/7/2020 re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Order to Show Cause filed by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, JAVIER SANTIAGO MARTINEZ, VICTOR MEDINA LOPEZ, RAFAEL LIRIANO OLIVO. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 04/07/2020)

Letter from the Government. (DHARIA, KRUTI) (Entered: 04/08/2020)

Letter from Matthew Johnson re 22 Letter. (Attachments: # 1 Exhibit A, Letter from Rayza Goldsmith, Esq.)(JOHNSON, MATTHEW) (Entered: 04/08/2020)

OPINION. Signed by Judge John Michael Vazquez on 4/9/2020. (sm) (Entered: 04/09/2020)

ORDER that motion of Petitioners Victor M.L. and Michaell A.G. (D.E. 5) is DENIED without prejudice as moot because they have already been released; the motion of the remaining Petitioners Rafael L.O., Adrian E. G.G., and Javier S.M. - for a temporary restraining order D.E. 5, is GRANTED; that remaining Petitioners are to be released subject to the following specific conditions; etc.; the Court will hear argument as to whether the TRO should be convertedto a preliminary injunction on April 23, 2020, at 2 p.m. by teleconference; etc. Signed by Judge John Michael Vazquez on 4/9/2020. (sm) (Entered: 04/09/2020)

MOTION to Seal Pursuant to Local Civil Rule 5.3(c) by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Certification of Leila Kang, # 2 Text of Proposed Order, # 3 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/15/2020)

Pro Hac Vice Fee Received

Pro Hac Vice fee as to Leila Kang, Esq.: $ 150, receipt number CAM011237 (tf, )

NOTICE of Appearance by BRITTANY CARYL CASTLE on behalf of MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ (CASTLE, BRITTANY) (Entered: 04/16/2020)

Minute Entry for proceedings held before Judge John Michael Vazquez: Hearing held on 4/23/2020 regarding the pending emergent application. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 04/23/2020)

Pro Hac Vice Fee Received

Pro Hac Vice fee: $ 300, receipt number TRE111017 as to Lauren Major, Esq and Anna Byers, Esq. (jjc, )

ORDER that the TRO, D.E. 25, granted on April 9, 2020, is extended until May 14, 2020; that on May 14, 2020, at 3:00 p.m., the Court will hear oral argument from the parties as to whether the TRO should be converted to a preliminary injunction; the parties shall submit briefs as to the preliminary injunction by May 4, 2020, and either side may file opposition by May 11, 2020. Signed by Judge John Michael Vazquez on 4/24/2020. (sm) (Entered: 04/24/2020)

Set/Reset Motion and R&R Deadlines/Hearings

Set Deadlines as to 26 MOTION to Seal Pursuant to Local Civil Rule 5.3(c). 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. (qa, )

Letter from the respondents regarding preliminary injunction. (Attachments: # 1 Declaration of Director Ortiz, dated May 4, 2020)(DHARIA, KRUTI) (Entered: 05/04/2020)

BRIEF in Support of Preliminary Injunction (Attachments: # 1 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 05/04/2020)

Exhibit Index to Re 31 Brief. (Attachments: # 1 Exhibit A: Emails from Essex County Chief of Staff Philip B. Alagia, # 2 Exhibit B: Press Release, Essex County Executive Divicenzo, Freeholder President Gill and Vice President Richardson Comment Medical Care Provider on Initiative to Screen All Essex County Correctional Facility Inmates and Detainees for COVID-19., # 3 Exhibit C: Supplemental Declaration of Dr. Jaimie Meyer, M.D., M.S., D-A-A- v. Decker, Case No. 20-cv-4337 (D.N.J. Apr. 22, 2020), # 4 Exhibit D: Supplemental Declaration of Dr. Elizabeth Singer, # 5 Exhibit E: Supplemental Declaration of Rosa Santana, First Friends of New York and New Jersey, # 6 Exhibit F: Jason W. v. Anderson, 2:20-cv-3704 (D.N.J. Apr. 17, 2020), # 7 Exhibit G: Christian A.R. v. Decker, 2020 WL 2092616 (D.N.J. Apr. 12, 2020), # 8 Exhibit H: Durel B. v. Decker, 2020 WL 1922140 (D.N.J. Apr. 21, 2020), # 9 Exhibit I: Jeferson V.G. v. Decker, 2020 WL 1873018 (D.N.J. Apr. 15, 2020), # 10 Exhibit J: Leandro R.P. v. Decker, 2020 WL 1899791 (D.N.J. Apr. 17, 2020), # 11 Exhibit K: Preliminary Injunction Grant, Kevin M.A. v. Decker, 2020 WL 2092791, (D.N.J. May 1, 2020), # 12 Exhibit L: Fourth Amended Declaration of Alfaro Ortiz, Cleland v. Tsoukaris, Case No. 2:20-cv-04622 (D.N.J. Apr. 42, 2020) ECF 7-5, # 13 Exhibit M: Opinion and Order Granting Preliminary Injunction, Basank v. Decker, 2020 WL 1953847 (S.D.N.Y. Apr. 23, 2020), # 14 Exhibit N: Opinion and Order Converting Temporary Restraining Order into Preliminary Injunction, Malam v. Adducci, 2020 WL 1899570 (E.D. Mich. Apr. 17, 2020), # 15 Exhibit O: Valenzuela Arias v. Decker, 2020 WL 1847986 (S.D.N.Y. Apr. 10, 2020), # 16 Exhibit P: Opinion and Order Converting Temporary Restraining Order into Preliminary Injunction, Malam v. Adducci, 2020 WL 1934895 (E.D. Mich. Apr. 22, 2020), # 17 Exhibit Q: Ferreyra v. Decker, No. 1:20-cv-3170, 2020 WL 1989417 (S.D.N.Y. Apr. 27, 2020), # 18 Exhibit R: Supplemental Declaration of Olivia Kaplan, # 19 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 05/05/2020)

Letter from Petitioner Regarding Unopposed Request for Acceptance of Late Filing re 32 Exhibit Index,,,,,,,,. (Attachments: # 1 Exhibit A: Declaration of Matthew A. Johnson in Support of Unopposed Request for Acceptance of Late Filing, # 2 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 05/06/2020)

ORDER re 33 Letter for Unopposed Request for Acceptance of Late Filing. Signed by Judge John Michael Vazquez on 5/7/2020. (bt, ) (Entered: 05/07/2020)

BRIEF Reply Brief In Support of Preliminary Injunction (CASTLE, BRITTANY) (Entered: 05/11/2020)

Letter from the respondents opposing the entry of a preliminary injunction. (Attachments: # 1 Declaration of Director Ortiz, dated May 11, 2020, # 2 Declaration of Dr. Anicetti, dated May 4, 2020)(DHARIA, KRUTI) (Entered: 05/11/2020)

Letter from Petitioners re 36 Letter. (CASTLE, BRITTANY) (Entered: 05/12/2020)

Minute Entry for proceedings held before Judge John Michael Vazquez: Motion Hearing held on 5/14/2020 by telephone conferencing re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Order to Show Cause filed by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, JAVIER SANTIAGO MARTINEZ, VICTOR MEDINA LOPEZ, RAFAEL LIRIANO OLIVO. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 05/14/2020)

ORDER that the TRO, D.E. 14, is hereby converted to a preliminary injunction; Petitioners Rafael L.O., Adrian E. G.G., and Javier S.M. remain subject to the conditions of release set forth in the TRO, D.E. 25; if any Petitioner (Petitioners Rafael L.O., Adrian E. G.G., and Javier S.M.) should violate any of the conditions of release, or be charged with a criminal offense, then U.S. Immigration and Customs Enforcement (ICE) may take whatever lawful action that it deems necessary without first seeking leave from the Court. ICE shall notify Petitioners counsel of such action as soon thereafter as is practicable. Signed by Judge John Michael Vazquez on 5/14/2020. (sm) (Entered: 05/15/2020)

ORDER that the Clerks Office shall separate this action and sever the Petitioners, with a separate docket number for each Petitioner - Victor M.L., Michaell A.G., Rafael L.O., Adrian E. G.G., and Javier S.M. Signed by Judge John Michael Vazquez on 5/14/2020. (sm) (Entered: 05/15/2020)

ORDER granting 26 Petitioners' Motion to Seal ECF Nos. 2-1, 2-2, 2-3, 2-4, 2-5, 2-6, 2-7, 2-8, 2-9, 17-8, 17-9, 17-11, 17-12, 17-13, 17-14, 17-15, 17-18; etc. Signed by Judge John Michael Vazquez on 5/15/2020. (sm) (Entered: 05/15/2020)

NOTICE of Appearance by VICTOR M. MERCADO-SANTANA on behalf of All Defendants (MERCADO-SANTANA, VICTOR) (Entered: 07/13/2020)

NOTICE OF APPEAL as to 39 Preliminary Injunction Order by MATTHEW T. ALBENCE, WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, JOHN TSOUKARIS, CHAD F. WOLF. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (MERCADO-SANTANA, VICTOR) Modified on 7/13/2020 (dam, ). (Entered: 07/13/2020)

USCA Case Number 20-2449 for 43 Notice of Appeal (USCA), filed by MATTHEW T. ALBENCE, CHAD F. WOLF, WILLIAM P. BARR, WILLIAM J. ANDERSON, GUY CIRILLO, JOHN TSOUKARIS. USCA Case Manager Tim McIntyre (Document Restricted - Court Only) (ca3tmm, ) (Entered: 07/15/2020)

ORDER of USCA In accordance with the agreement of the parties in the above-captioned case, the matter is hereby dismissed pursuant to Fed. R. App. P. 42(b), without cost to either party. (ca3tmm, ) (Entered: 10/06/2020)