Case: Alvarez v. LaRose

3:20-cv-00782 | U.S. District Court for the Southern District of California

Filed Date: April 25, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas action brought by detainees in the Otay Mesa Detention Center, seeking release due to COVID-19. The plaintiffs' request for a preliminary injunction was denied on June 7, 2020. The plaintiffs appealed, but withdrew the appeal several months later. In the meantime, the court denied the defendant's motion to dismiss and the parties began the discovery process, prior to a stay in July 2021. On April 25, 2020 detainees held in the Otay Mesa Detention Center (OMDC)…

COVID-19 Summary: This is a habeas action brought by detainees in the Otay Mesa Detention Center, seeking release due to COVID-19. The plaintiffs' request for a preliminary injunction was denied on June 7, 2020. The plaintiffs appealed, but withdrew the appeal several months later. In the meantime, the court denied the defendant's motion to dismiss and the parties began the discovery process, prior to a stay in July 2021.


On April 25, 2020 detainees held in the Otay Mesa Detention Center (OMDC) awaiting trial or sentencing in federal court brought this lawsuit in the U.S. District Court for the Southern District of California. Represented by the ACLU of San Diego, the National Immigration Project of the National Lawyers' Guild, and private counsel, the plaintiffs brought this action against the U.S. Marshals Service, which had contracted with a private company to run OMDC. They sued under 28 U.S.C. § 2241 (the federal habeas statute), alleged violations of their Fifth Amendment due process rights and their Eighth Amendment right to be free from cruel and unusual punishment, and sought habeas, declaratory, and injunctive relief. Specifically, the plaintiffs alleged that OMDC was unable to comply with public health guidelines and could not provide safety in light of COVID-19 without a significant reduction in population.

The case was initially assigned to Judge Anthony J. Battaglia and Magistrate Judge Bernard G. Skomal. However, the case was marked as related to Alcantara v. Archambeault (No. 20-cv-0756), a case in which civil immigration detainees challenged the conditions at OMDC. As a result, the case was reassigned to Judge Dana M. Sabraw and Magistrate Judge Allison H. Goddard on April 27.

Simultaneous with their habeas petition, the plaintiffs filed a motion for a temporary restraining order and a motion for class certification. They sought to certify various classes and subclasses, including:

  • Pretrial Class: All current and future persons in pretrial detention at OMDC;
  • Pretrial Medically Vulnerable Subclass: All current and future OMDC detainees who are aged 45 years or older or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19;
  • Post-Conviction Class: All current and future persons in post-conviction detention at OMDC
  • Post-Conviction Medically Vulnerable Subclass: All current and future OMDC post-conviction detainees who are aged 45 years or older or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19.
The court stayed briefing on class certification on May 1 at the defendants' request.

On May 1, the defendants submitted an order for a motion denying plaintiffs' motion for writ of habeas corpus and injunctive and declaratory relief. In a November 18, 2020 order, the Court construed the motion as one to dismiss and ordered the parties to complete briefings on the motion.

On May 9, Judge Sabraw denied the motion for a temporary restraining order under the Prison Litigation Reform Act (PLRA). Specifically, Judge Sabraw found that the PLRA applied since the plaintiffs had challenged the conditions of their confinement rather than the fact or duration of their sentences and noted that Congress enacted the PLRA to "remove the judiciary from prison management" by preventing prisoner release unless less drastic relief had failed and a three-judge court found that no other relief would remedy the violations of the prisoners' rights. That had not happened in this case, so Judge Sabraw concluded that the plaintiffs' claims were likely to fail. 445 F. Supp. 3d 861.

A week later, the plaintiffs filed a motion for provisional class certification, seeking to certify the medically vulnerable subclasses as well as a motion for a preliminary injunction ordering the release, enlargement, and/or transfer to home confinement of those within these subclasses.

On June 7, the court denied the preliminary injunction. Judge Sabraw acknowledged that the "COVID-19 outbreak at Otay Mesa . . . remains one of the worst outbreaks among detention facilities in the nation" but reiterated that the PLRA applied and prevented the court from granting release. 2020 WL 3053193.

The plaintiffs appealed to the Ninth Circuit on August 4, 2020 (No. 20-55795), but later voluntarily dismissed the appeal on October 15.

While the appeal was pending, disagreements emerged about the scope of preliminary discovery in the district court, including whether site inspections would be allowed. Defendant's objection to plaintiffs' discovery order was overruled on March 4, 2021.

On February 8, 2021, the court issued an order denying the defendants' motion to deny the petition for writ of habeas corpus and injunctive and declaratory relief. In this order, the court held that none of the arguments put forth by the defendants, lack of subject matter jurisdiction, and failure to state a claim, warranted dismissal of the case.

On May 7, 2021, the court held an early neutral evaluation conference. The case did not settle, but the Court issued a Mediator's Proposal in the form of a draft stipulated judgment for the parties' review and consideration. A second early neutral evaluation conference was held on May 13, where additional settlement conferences were scheduled.

On July 10 the parties filed a joint motion to stay the litigation for a period of 90 days, which Judge Sabraw granted on July 16, 2021, with the stay expiring on October 14, 2021.

Summary Authors

Caitlin Kierum (7/10/2020)

Timothy Leake (11/16/2020)

Tessa McEvoy (9/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17102949/parties/alvarez-v-larose/


Judge(s)

Goddard, Allison H. (California)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Arkles, Gabriel (New York)

Child, Emily (California)

Ebadolahi, Mitra (California)

Gugel, Helen (New York)

Horowitz, Nicole D (California)

Inglehart, Milo Rohr (New York)

Loy, John David (California)

McEntee, Megan A (New York)

Judge(s)

Goddard, Allison H. (California)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Arkles, Gabriel (New York)

Child, Emily (California)

Ebadolahi, Mitra (California)

Gugel, Helen (New York)

Horowitz, Nicole D (California)

Inglehart, Milo Rohr (New York)

Loy, John David (California)

McEntee, Megan A (New York)

McPhee, Joanne (Massachusetts)

Meyers, Joseph C (District of Columbia)

Shebaya, Sirine (District of Columbia)

Simkin, Alexander (New York)

Spera, Clara Simone (New York)

Thompson, Sarah D. (California)

Vakili, Bardis (California)

Virgien, Kyle A. (California)

Vogel, Matthew Scott (District of Columbia)

Wedekind, Jennifer A. (District of Columbia)

Woods, Andrea (New York)

Attorneys(s) for Defendant

Acedo, Nicholas Daniel (Arizona)

Brewer, Robert S Jr (California)

Keehn, Douglas (California)

Lee, Jacob B. (Arizona)

Love, Rachel (Arizona)

Mahoney, Matthew Miguel (California)

Norris, Brett (California)

Starita, Paul L (California)

Struck, Daniel Patrick (Arizona)

Other Attorney(s)

Buergel, Susanna M. (New York)

Iredale, Eugene G (California)

Johnson, Darren W. (New York)

Kimball-Stanley, David C. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

July 16, 2021 Docket
1

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

April 25, 2020 Complaint
2-2

Memorandum of Points and Authorities in Support of Plaintiff-Petitioners' Ex Parte Application for Temporary Restraining Order and Order to Show Cause for Preliminary Injunction

April 25, 2020 Pleading / Motion / Brief
3 (& 3-1 to 3-5)

Plaintiff-Petitioners' Notice of Motion and Motion for Class Certification

April 25, 2020 Pleading / Motion / Brief
22

Respondents' Emergency Motion to Stay Briefing on Petitioner's Motion for Class Certification or, in the Alternative, Motion for Extension of Time to Respond

April 29, 2020 Pleading / Motion / Brief
28

Plaintiff-Petitioners' Response to Defendant Respondents' Emergency Motion to Stay Briefing on Class Certification or, in the Alternative, Motion for Extension of Time to Respond

April 30, 2020 Pleading / Motion / Brief
31 (& 31-1 to 31-3)

Respondents' Motion to Deny Petition for Writ of Habeas Corpus and Injunctive and Declaratory Relief

May 1, 2020 Pleading / Motion / Brief
29 (& 29-1 to 29-3)

Respondents' Response in Opposition to Motion for Emergency Temporary Restraining Order, and for Class-Wide Preliminary Injunction

May 1, 2020 Pleading / Motion / Brief
30, 30-1

Respondents' Response in Opposition to Motion for Class Certification

May 1, 2020 Pleading / Motion / Brief
32

Order Granting Motion to Stay Briefing on Class Certification

May 1, 2020 Order/Opinion

Resources

Title Description External URL

Alvarez v. La Rose: Otay Mesa Detention Center

National Immigration Project of the National Lawyers Guild

NIPNLG, the ACLU of San Diego, the ACLU, and Ropes & Gray, LLP filed a class-action lawsuit in the US District Court for the Southern District of California on behalf of all persons detained pretrial… Sept. 22, 2020 https://www.nationalimmigrationproject.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17102949/alvarez-v-larose/

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

ECF Number Description Date Link
1

Petition for Writ of Habeas Corpus Against Christopher J. LaRose, Steven C. Stafford, Donald W. Washington, filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot, Jane Doe, (Filing fee $5.00 - receipt number ACASDC-13792522) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of Joe Goldenson, MD, # 3 Declaration of Joseph J. Amon, Ph.d. MSPH, # 4 Declaration of George Ridely, # 5 Declaration of Jane Doe, # 6 Declaration of Leopoldo Szurgot, # 7 Declaration of Jacinto Victor Alvarez, # 8 Declaration of Joseph Broderick, # 9 Declaration of Victor Lara Soto, # 10 Declaration of Michael Jamil Smth, # 11 Declaration of Jose Crespo- Venegas, # 12 Declaration of Noe Gonzalez-Soto, # 13 Declaration of Racquel Ramcharan, # 14 Declaration of Joshua Jones in Case No 3:19cr-05169)(Additional attachment(s) added on 4/27/2020: # 15 Declaration of Marlene Cano)The new case number is 3:20-cv-782-AJB-BGS. Judge Anthony J. Battaglia and Magistrate Judge Bernard G. Skomal are assigned to the case. (Horowitz, Nicole)(jms)(jms)(jrd) (Entered: 04/27/2020)

April 25, 2020 PACER
2

MOTION for Temporary Restraining Order by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Ex Parte Application for Temporary Restraining Order, # 2 Memo of Points and Authorities, # 3 Declaration Sarah Thompson)(jms) (Additional attachment(s) added on 4/27/2020: # 4 Declaration of Mitra Ebadolahi in Support of Temporary Restraining Order, Preliminary Injunction, and Class Certification) (jms)(jrd) (Entered: 04/27/2020)

1 Ex Parte Application for Temporary Restraining Order

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2 Memo of Points and Authorities

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3 Declaration Sarah Thompson

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4 Declaration of Mitra Ebadolahi in Support of Temporary Restraining Order, Preli

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April 25, 2020 PACER
3

MOTION to Certify Class by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Attorney Sirine Shebaya, # 3 Declaration of Attorney Bardis Vakili, # 4 Declaration Z Gabriel Arkles, # 5 Declaration of Attorney Joan McPhee)(jms)(jrd) (Entered: 04/27/2020)

April 25, 2020 PACER
4

NOTICE OF RELATED CASE(S) by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot of case(s): 20-cv-00756-DMS-AHG. (jms)(jrd) (Entered: 04/27/2020)

April 25, 2020 PACER
5

NOTICE of Appearance by Mitra Ebadolahi on behalf of Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Ramcharan Racquel, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Ebadolahi, Mitra)Attorney Mitra Ebadolahi added to party Jacinto Victor Alvarez(pty:pet), Attorney Mitra Ebadolahi added to party Joseph Broderick(pty:pet), Attorney Mitra Ebadolahi added to party Marlene Cano(pty:pet), Attorney Mitra Ebadolahi added to party Jose Crespo-Venegas(pty:pet), Attorney Mitra Ebadolahi added to party Jane Doe(pty:pet), Attorney Mitra Ebadolahi added to party Noe Gonzalez-Soto(pty:pet), Attorney Mitra Ebadolahi added to party Victor Lara-Soto(pty:pet), Attorney Mitra Ebadolahi added to party Ramcharan Racquel(pty:pet), Attorney Mitra Ebadolahi added to party George Ridley(pty:pet), Attorney Mitra Ebadolahi added to party Michael Jamil Smith(pty:pet), Attorney Mitra Ebadolahi added to party Leopoldo Szurgot(pty:pet) (jms). (Entered: 04/27/2020)

April 27, 2020 PACER
6

NOTICE of Appearance by Sarah D. Thompson on behalf of Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Ramcharan Racquel, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Thompson, Sarah)Attorney Sarah D. Thompson added to party Jacinto Victor Alvarez(pty:pet), Attorney Sarah D. Thompson added to party Joseph Broderick(pty:pet), Attorney Sarah D. Thompson added to party Marlene Cano(pty:pet), Attorney Sarah D. Thompson added to party Jose Crespo-Venegas(pty:pet), Attorney Sarah D. Thompson added to party Jane Doe(pty:pet), Attorney Sarah D. Thompson added to party Noe Gonzalez-Soto(pty:pet), Attorney Sarah D. Thompson added to party Victor Lara-Soto(pty:pet), Attorney Sarah D. Thompson added to party Ramcharan Racquel(pty:pet), Attorney Sarah D. Thompson added to party George Ridley(pty:pet), Attorney Sarah D. Thompson added to party Michael Jamil Smith(pty:pet), Attorney Sarah D. Thompson added to party Leopoldo Szurgot(pty:pet)(jms). (Entered: 04/27/2020)

April 27, 2020 PACER
7

NOTICE of Appearance by John David Loy on behalf of Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Ramcharan Racquel, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Loy, John)Attorney John David Loy added to party Jacinto Victor Alvarez(pty:pet), Attorney John David Loy added to party Joseph Broderick(pty:pet), Attorney John David Loy added to party Marlene Cano(pty:pet), Attorney John David Loy added to party Jose Crespo-Venegas(pty:pet), Attorney John David Loy added to party Jane Doe(pty:pet), Attorney John David Loy added to party Noe Gonzalez-Soto(pty:pet), Attorney John David Loy added to party Victor Lara-Soto(pty:pet), Attorney John David Loy added to party Ramcharan Racquel(pty:pet), Attorney John David Loy added to party George Ridley(pty:pet), Attorney John David Loy added to party Michael Jamil Smith(pty:pet), Attorney John David Loy added to party Leopoldo Szurgot(pty:pet) (jms). (Entered: 04/27/2020)

April 27, 2020 PACER
8

NOTICE of Appearance by Bardis Vakili on behalf of Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Ramcharan Racquel, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Vakili, Bardis)Attorney Bardis Vakili added to party Jacinto Victor Alvarez(pty:pet), Attorney Bardis Vakili added to party Joseph Broderick(pty:pet), Attorney Bardis Vakili added to party Marlene Cano(pty:pet), Attorney Bardis Vakili added to party Jose Crespo-Venegas(pty:pet), Attorney Bardis Vakili added to party Jane Doe(pty:pet), Attorney Bardis Vakili added to party Noe Gonzalez-Soto(pty:pet), Attorney Bardis Vakili added to party Victor Lara-Soto(pty:pet), Attorney Bardis Vakili added to party Ramcharan Racquel(pty:pet), Attorney Bardis Vakili added to party George Ridley(pty:pet), Attorney Bardis Vakili added to party Michael Jamil Smith(pty:pet), Attorney Bardis Vakili added to party Leopoldo Szurgot(pty:pet)(jms). (Entered: 04/27/2020)

April 27, 2020 PACER
9

MOTION to File Documents Under Seal (With attachments)(Horowitz, Nicole) (aef). (Entered: 04/27/2020)

April 27, 2020 PACER
10

**Docketed under seal at 132 per order 131 ** SEALED LODGED Proposed Document re: 9 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Horowitz, Nicole) Modified on 11/20/2020 (anh). (Entered: 04/27/2020)

April 27, 2020 PACER
11

NOTICE OF RELATED CASE(S) by Steven C. Stafford of case(s) 20-cv-539-AJB-AGS; 20-cv-618-BAS-RBB; 20-cv-658-LAB-MSB; 20-cv-679-H-BLM; 20-cv-744-WQH-AGS; 20-cv-750-H-MDD; 20-cv-764-BEN-JLB; 20-cv-0756-DMS-AHG re 4 Notice of Related Case, . (Norris, Brett) (Entered: 04/27/2020)

April 27, 2020 PACER
12

ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Dana M. Sabraw and Magistrate Judge Allison H. Goddard for all further proceedings. Judge Anthony J. Battaglia, Magistrate Judge Bernard G. Skomal no longer assigned to case. Create association to 3:20-cv-00756-DMS-AHG. The new case number is 3:20-cv-00782-DMS-AHG. Signed by Judge Anthony J. Battaglia on 4/27/2020. Signed by Judge Dana M. Sabraw on 4/27/2020.(jrm) (Entered: 04/27/2020)

April 27, 2020 PACER
13

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13797773.) (Application to be reviewed by Clerk.) (Shebaya, Sirine) (jms). (rmc). (Entered: 04/27/2020)

April 27, 2020 PACER
17

ORDER Setting Briefing Schedule. (Re ECF 2, 3 ) Respondents-Defendants shall file a response to these motions on or before May 1, 2020 at 12:00 p.m. Petitioners-Plaintiffs may file reply on or before May 4, 2020 at 12:00 p.m. Hearing Petitioners-Plaintiffs' motions shall be scheduled for May 5, 2020 at 1:30 p.m. The parties shall appear telephonically. The Court will provide the dial information to Counsel in advance of the hearing. Signed by Judge Dana M. Sabraw on 4/27/2020.(aef) (Entered: 04/28/2020)

April 27, 2020 PACER
14

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13798764.) (Application to be reviewed by Clerk.) (Simkin, Alexander) (jms). QC mail sent on 4/28/2020 re missing signature, instructed to re-file without re-paying (rmc). (Entered: 04/28/2020)

April 28, 2020 PACER
15

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13798827.) (Application to be reviewed by Clerk.) (McPhee, Joanne) (jms). QC mail sent re missing signature on 4/28/2020, instructed to re-file without re-paying (rmc). (Entered: 04/28/2020)

April 28, 2020 PACER
16

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13799155.) (Application to be reviewed by Clerk.) (Gugel, Helen) (jms). QC mail sent re missing signature on 4/28/2020, instructed to re-file without re-paying (rmc). (Entered: 04/28/2020)

April 28, 2020 PACER
18

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Simkin, Alexander) (rmc). (Entered: 04/28/2020)

April 28, 2020 PACER
19

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (McPhee, Joanne) (rmc). (Entered: 04/28/2020)

April 28, 2020 PACER
20

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Gugel, Helen) (rmc). (Entered: 04/28/2020)

April 28, 2020 PACER
21

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13801384.) (Application to be reviewed by Clerk.) (Vogel, Matthew) (rmc). (Entered: 04/28/2020)

April 28, 2020 PACER
22

Emergency MOTION to Stay re 3 MOTION to Certify Class by Steven C. Stafford, Donald W. Washington. (Keehn, Douglas)Attorney Douglas Keehn added to party Steven C. Stafford(pty:res), Attorney Douglas Keehn added to party Donald W. Washington(pty:res)(jms). (Entered: 04/29/2020)

April 29, 2020 PACER
23

ORDER Approving the Pro Hac Vice Application of Vogel, Matthew, re 21 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 4/30/2020.(dsn) (Entered: 04/30/2020)

April 30, 2020 PACER
24

ORDER Approving the Pro Hac Vice Application of McPhee, Joanne, re 19 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 4/30/2020.(dsn) (Entered: 04/30/2020)

April 30, 2020 PACER
25

ORDER Approving the Pro Hac Vice Application of Shebaya, Sirine, re 13 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 4/30/2020.(dsn) (Entered: 04/30/2020)

April 30, 2020 PACER
26

ORDER Approving the Pro Hac Vice Application of Gugel, Helen, re 20 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 4/30/2020.(dsn) (Entered: 04/30/2020)

April 30, 2020 PACER
27

ORDER Approving the Pro Hac Vice Application of Simkin, Alexander, re 18 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 4/30/2020.(dsn) (Entered: 04/30/2020)

April 30, 2020 PACER
28

RESPONSE to Motion re 22 Emergency MOTION to Stay re 3 MOTION to Certify Class filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (McPhee, Joanne) (jms). (Entered: 04/30/2020)

April 30, 2020 PACER
29

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by Donald W. Washington. (Attachments: # 1 Exhibit A, # 2 Declaration of Keith Johnson, # 3 Declaration L. Mileto)(Norris, Brett) (jms). (Entered: 05/01/2020)

May 1, 2020 PACER
30

RESPONSE in Opposition re 3 MOTION to Certify Class filed by Steven C. Stafford, Donald W. Washington. (Attachments: # 1 Declaration of Keith Johnson)(Norris, Brett)(jms). (Entered: 05/01/2020)

1 Declaration of Keith Johnson

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May 1, 2020 PACER
31

MOTION for Order Denying Writ of Habeas Corpus and Injunctive Relief and Declaratory Relief by Steven C. Stafford, Donald W. Washington. (Attachments: # 1 Exhibit A, # 2 Declaration of Keith Johnson, # 3 Declaration of L. Mileto)(Norris, Brett)Attorney Brett Norris added to party Steven C. Stafford(pty:res), Attorney Brett Norris added to party Donald W. Washington(pty:res) (jms). (Entered: 05/01/2020)

1 Exhibit A

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2 Declaration of Keith Johnson

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3 Declaration of L. Mileto

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May 1, 2020 PACER
32

ORDER Granting 22 Motion to Stay Briefing on Class Certification. The Court grants Respondents' motion and stays briefing on Petitioners' motion for class certification pending resolution of Petitioners' motion for temporary restraining order. Signed by Judge Dana M. Sabraw on 5/1/2020. (aef) (Entered: 05/01/2020)

May 1, 2020 PACER
33

NOTICE of Appearance by Paul L Starita on behalf of Christopher J. LaRose, Steven C. Stafford, Donald W. Washington (Starita, Paul)Attorney Paul L Starita added to party Christopher J. LaRose(pty:res), Attorney Paul L Starita added to party Steven C. Stafford(pty:res), Attorney Paul L Starita added to party Donald W. Washington(pty:res) (jms). (Entered: 05/01/2020)

May 1, 2020 PACER
34

NOTICE of Appearance Amended by Paul L Starita on behalf of Steven C. Stafford, Donald W. Washington (Starita, Paul)(jms). (Entered: 05/01/2020)

May 1, 2020 PACER
35

SUPPLEMENTAL DOCUMENT by Steven C. Stafford, Donald W. Washington re 29 Response in Opposition to Motion, 31 MOTION for Order Denying Writ of Habeas Corpus and Injunctive Relief and Declaratory Relief . (Norris, Brett)(jms). (Entered: 05/02/2020)

May 2, 2020 PACER
36

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Declaration of Attorney Joan McPhee in Support, # 2 Table of Contents - List of Exhibits, # 3 Exhibit A to McPhee Declaration, # 4 Exhibit B to McPhee Declaration, # 5 Exhibit C to McPhee Declaration, # 6 Exhibit D to McPhee Declaration, # 7 Exhibit E to McPhee Declaration)(McPhee, Joanne) (jms). (Entered: 05/04/2020)

1 Declaration of Attorney Joan McPhee in Support

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2 Table of Contents - List of Exhibits

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3 Exhibit A to McPhee Declaration

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4 Exhibit B to McPhee Declaration

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5 Exhibit C to McPhee Declaration

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6 Exhibit D to McPhee Declaration

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7 Exhibit E to McPhee Declaration

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May 4, 2020 RECAP
37

RESPONSE to Motion re 31 MOTION for Order Denying Writ of Habeas Corpus and Injunctive Relief and Declaratory Relief filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Declaration of Mitra Ebadolahi in Support, # 2 Table of Contents - List of Exhibits, # 3 Exhibit A to Ebadolahi Declaration, # 4 Exhibit B to Ebadolahi Declaration, # 5 Exhibit C to Ebadolahi Declaration, # 6 Exhibit D to Ebadolahi Declaration, # 7 Exhibit E to Ebadolahi Declaration, # 8 Exhibit F to Ebadolahi Declaration, # 9 Exhibit G to Ebadolahi Declaration, # 10 Exhibit H to Ebadolahi Declaration, # 11 Exhibit I to to Ebadolahi Declaration, # 12 Exhibit J to Ebadolahi Declaration)(McPhee, Joanne) (jms). (Entered: 05/04/2020)

1 Declaration of Mitra Ebadolahi in Support

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2 Table of Contents - List of Exhibits

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3 Exhibit A to Ebadolahi Declaration

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4 Exhibit B to Ebadolahi Declaration

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5 Exhibit C to Ebadolahi Declaration

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6 Exhibit D to Ebadolahi Declaration

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7 Exhibit E to Ebadolahi Declaration

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8 Exhibit F to Ebadolahi Declaration

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9 Exhibit G to Ebadolahi Declaration

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10 Exhibit H to Ebadolahi Declaration

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11 Exhibit I to to Ebadolahi Declaration

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12 Exhibit J to Ebadolahi Declaration

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May 4, 2020 RECAP
38

OBJECTION by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 31 MOTION for Order Denying Writ of Habeas Corpus and Injunctive Relief and Declaratory Relief (as to Hearing Date). (McPhee, Joanne)) QC mailer sent re incorrect s/ (jms). (Entered: 05/04/2020)

May 4, 2020 PACER
39

NOTICE of Supplemental Authority by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 37 Response to Motion,,, (Attachments: # 1 Exhibit A)(McPhee, Joanne) (jms). (Entered: 05/04/2020)

May 4, 2020 PACER
40

SUPPLEMENTAL DOCUMENT by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 36 Reply to Response to Motion,, (Supplemental Declaration of Attorney Joan McPhee in Support of Petitioners' Reply in Support of Petitioners' Emergency Motion for Temporary Restraining Order). (Attachments: # 1 Exhibit F)(McPhee, Joanne) (jms). (Entered: 05/04/2020)

May 4, 2020 PACER
41

Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 5/5/2020 re 2 Motion for Temporary Restraining Order, and 3 MOTION to Certify Class. All parties appeared telephonically. Motion taken under submission. Court to issue order. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Sirine Shebaya, Mitra Ebadolahi). (Defendant Attorney Douglas Keehn, Brett Norris, Paul Starita). (no document attached) (jak) (Entered: 05/05/2020)

May 5, 2020 PACER

Motion Hearing

May 5, 2020 PACER
42

RESPONSE re 39 Notice (Other), of Supplemental Authority filed by Steven C. Stafford, Donald W. Washington. (Norris, Brett) (jms). (Entered: 05/05/2020)

May 5, 2020 PACER
43

NOTICE of Supplemental Facts by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Attachments: # 1 Exhibit A)(McPhee, Joanne) (jms). (Entered: 05/07/2020)

May 7, 2020 PACER
44

MOTION for Leave to File Notice of Motion and Motion for Leave to Substitute Expert Declaration of Robert L. Cohen M.D. by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Declaration of Sirine Shebaya, # 2 Exhibit A to Sirine Shebaya Declaration)(McPhee, Joanne) (jms). (Entered: 05/07/2020)

May 7, 2020 PACER
45

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13846515.) (Application to be reviewed by Clerk.) (Spera, Clara) (rmc). (Entered: 05/08/2020)

May 8, 2020 PACER
46

ORDER Denying 2 Motion for Temporary Retraining Order. Signed by Judge Dana M. Sabraw on 5/9/2020. (aef) (Entered: 05/09/2020)

May 9, 2020 RECAP
47

MOTION for Leave to File Brief of Amici Curiae Public Health Experts by Michael Puisis, D.O., Brie Williams, M.D., M.S.. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit Amicus Brief, # 3 Proof of Service)(Iredale, Eugene)Attorney Eugene G Iredale added to party Michael Puisis, D.O.(pty:am), Attorney Eugene G Iredale added to party Brie Williams, M.D., M.S.(pty:am) (jms). (Entered: 05/11/2020)

May 11, 2020 PACER
48

Ex Parte MOTION to Amend/Correct 46 Order on Motion for TRO by Steven C. Stafford, Donald W. Washington. (Norris, Brett) (jms). (Entered: 05/11/2020)

May 11, 2020 PACER
49

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13858052.) (Application to be reviewed by Clerk.) (Buergel, Susanna) (rmc). (Entered: 05/12/2020)

May 12, 2020 PACER

Pro Hac Vice Approved - Clerk

May 12, 2020 PACER
50

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13858078.) (Application to be reviewed by Clerk.) (Johnson, Darren) (rmc). (Entered: 05/12/2020)

May 12, 2020 PACER
51

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13858093.) (Application to be reviewed by Clerk.) (Kimball-Stanley, David) (rmc). (Entered: 05/12/2020)

May 12, 2020 PACER
52

PRO HAC APPROVED: Susanna M. Buergel appearing for Amicus Parties Michael Puisis, D.O., Brie Williams, M.D., M.S. (no document attached) (rmc) (Entered: 05/12/2020)

May 12, 2020 PACER
53

PRO HAC APPROVED: David C. Kimball-Stanley appearing for Amicus Parties Michael Puisis, D.O., Brie Williams, M.D., M.S. (no document attached) (rmc) (Entered: 05/12/2020)

May 12, 2020 PACER
54

PRO HAC APPROVED: Darren W. Johnson appearing for Amicus Parties Michael Puisis, D.O., Brie Williams, M.D., M.S. (no document attached) (rmc) (Entered: 05/12/2020)

May 12, 2020 PACER
55

RESPONSE in Opposition re 47 MOTION for Leave to File Brief of Amici Curiae Public Health Experts filed by Steven C. Stafford, Donald W. Washington. (Norris, Brett) (aef). (Entered: 05/12/2020)

May 12, 2020 PACER
56

RESPONSE in Opposition re 48 Ex Parte MOTION to Amend/Correct 46 Order on Motion for TRO filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (McPhee, Joanne)(aef). (Entered: 05/12/2020)

May 12, 2020 PACER
57

ORDER Correcting May 9, 2020 Order. The Court grants Defendants' ex parte motion and amends the May 9, 2020 Order to read: "Defendants do not concede Plaintiffs' factual allegations but contend the PLRA precludes this Court from issuing the relief Plaintiffs seek." An Amended Order denying Plaintiffs' motion for temporary restraining order will be filed consistent with the foregoing. Signed by Judge Dana M. Sabraw on 5/12/2020. (aef) (Entered: 05/13/2020)

May 12, 2020 RECAP
58

Amended Order Denying Motion for Temporary Restraining Order. Signed by Judge Dana M. Sabraw on 5/12/2020.(aef) (Entered: 05/13/2020)

May 12, 2020 RECAP
59

ORDER Setting Briefing Schedule. Currently pending before the Court is Plaintiffs' motion for preliminary injunction. Plaintiffs shall file their brief in support of preliminary injunction on or before May 15, 2020 at 5:00 p.m. Defendants shall respond on or before Friday, May 22, 2020 at 5:00 p.m. Plaintiffs may reply on or before May 27, 2020 at 5:00 p.m. Hearing on the matter shall be scheduled for May 29, 2020 at 10:00 a.m. Signed by Judge Dana M. Sabraw on 5/12/2020.(aef) (Entered: 05/13/2020)

May 12, 2020 PACER
60

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Motion Hearing) held on 5/5/2020 before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/4/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/12/2020. (akr) (Entered: 05/14/2020)

May 14, 2020 PACER
61

MOTION for Preliminary Injunction (Plaintiff-Petitioners' Notice of Motion and Motion for Preliminary Injunction and Provisional Class Certification) by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Plaintiff-Petitioners' Brief in Support of Motion for Preliminary Injunction and Provisional Class Certification, # 2 Declaration of Attorney Joan McPhee in Support of Plaintiff-Petitioners' Motion for Preliminary Injunction and Provisional Class Certification, # 3 Table of Contents, # 4 Exhibit Exhibit A to Joan McPhee Declaration, # 5 Exhibit Exhibit B to Joan McPhee Declaration)(McPhee, Joanne) (jms). (Entered: 05/15/2020)

May 15, 2020 PACER
62

CERTIFICATE OF SERVICE by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 1 Petition for Writ of Habeas Corpus,,,, 2 MOTION for Temporary Restraining Order (McPhee, Joanne) (jms). (Entered: 05/18/2020)

May 18, 2020 PACER
63

CERTIFICATE OF SERVICE by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 1 Petition for Writ of Habeas Corpus,,,, 2 MOTION for Temporary Restraining Order (McPhee, Joanne) (jms). (Entered: 05/18/2020)

May 18, 2020 PACER
64

CERTIFICATE OF SERVICE by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 1 Petition for Writ of Habeas Corpus,,,, 2 MOTION for Temporary Restraining Order (McPhee, Joanne) (jms). (Entered: 05/18/2020)

May 18, 2020 PACER
65

CERTIFICATE OF SERVICE by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 1 Petition for Writ of Habeas Corpus,,,, 2 MOTION for Temporary Restraining Order (McPhee, Joanne) (jms). (Entered: 05/18/2020)

May 18, 2020 PACER
66

CERTIFICATE OF SERVICE by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot re 1 Petition for Writ of Habeas Corpus,,,, 2 MOTION for Temporary Restraining Order (McPhee, Joanne) (jms). (Entered: 05/18/2020)

May 18, 2020 PACER
67

ORDER Approving the Pro Hac Vice Application of Clara Spera, re 45 Request to Appear Pro Hac Vice. Signed by Judge Dana M. Sabraw on 5/20/2020.(rmc) (Entered: 05/21/2020)

May 20, 2020 PACER
68

RESPONSE in Opposition re 61 MOTION for Preliminary Injunction (Plaintiff-Petitioners' Notice of Motion and Motion for Preliminary Injunction and Provisional Class Certification) filed by Steven C. Stafford, Donald W. Washington. (Attachments: # 1 Exhibit A)(Norris, Brett) (jms). (Entered: 05/22/2020)

May 22, 2020 PACER
69

ORDER Requiring Response. Defendants shall file their supplemental response on or before May 29, 2020 at 9:00 a.m. Plaintiffs may file a sur-reply on or before June 3, 2020 at 12:00 p.m. Oral argument will proceed as presently scheduled. Signed by Judge Dana M. Sabraw on 5/26/2020.(aef) (Entered: 05/26/2020)

May 26, 2020 PACER
70

RESPONSE in Support re 61 MOTION for Preliminary Injunction (Plaintiff-Petitioners' Notice of Motion and Motion for Preliminary Injunction and Provisional Class Certification) filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (McPhee, Joanne) (jms). (Entered: 05/27/2020)

May 27, 2020 PACER
71

RESPONSE in Opposition re 61 MOTION for Preliminary Injunction (Plaintiff-Petitioners' Notice of Motion and Motion for Preliminary Injunction and Provisional Class Certification) filed by Steven C. Stafford, Donald W. Washington. (Attachments: # 1 Declaration of C. LaRose, # 2 Info Sheet Index to Declaration of C. LaRose, # 3 Exhibit 1 to Declaration of C. LaRose, # 4 Exhibit 2 to Declaration of C. LaRose, # 5 Exhibit 3 to Declaration of C. LaRose, # 6 Exhibit 4 to Declaration of C. LaRose, # 7 Exhibit 5 to Declaration of C. LaRose, # 8 Exhibit 6 to Declaration of C. LaRose, # 9 Exhibit 7 to Declaration of C. LaRose, # 10 Exhibit 8 to Declaration of C. LaRose, # 11 Exhibit 9 to Declaration of C. LaRose, # 12 Exhibit 10 to Declaration of C. LaRose, # 13 Exhibit 11 to Declaration of C. LaRose, # 14 Exhibit 12 to Declaration of C. LaRose, # 15 Exhibit 13 to Declaration of C. LaRose, # 16 Exhibit 14 to Declaration of C. LaRose, # 17 Exhibit 15a to Declaration of C. LaRose, # 18 Exhibit 15b to Declaration of C. LaRose, # 19 Exhibit 15c to Declaration of C. LaRose, # 20 Exhibit 15d to Declaration of C. LaRose, # 21 Exhibit 15e to Declaration of C. LaRose, # 22 Exhibit 15f to Declaration of C. LaRose, # 23 Exhibit 16 to Declaration of C. LaRose, # 24 Exhibit 17 to Declaration of C. LaRose, # 25 Exhibit 18 to Declaration of C. LaRose, # 26 Exhibit 19 to Declaration of C. LaRose, # 27 Exhibit 20 to Declaration of C. LaRose, # 28 Exhibit 21 to Declaration of C. LaRose, # 29 Declaration of Keith Johnson)(Norris, Brett) (jms). (Entered: 05/28/2020)

May 28, 2020 PACER
72

ORDER Granting 47 Motion for Leave to File Brief of Amici Curiae. The Court grants Dr. Puisis and Dr. Williams's motion. Accordingly, amici may file their brief forthwith. Signed by Judge Dana M. Sabraw on 5/28/2020. (aef) (Entered: 05/29/2020)

May 28, 2020 PACER
73

Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 5/29/2020. All parties appeared telephonically. Court to issue order. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Sirine Shebaya, Mitra Ebadolahi). (Defendant Attorney Paul Starita, Douglas Keehn, Brett Norris). (no document attached) (jak) (Entered: 05/29/2020)

May 29, 2020 PACER
74

SUPPLEMENTAL DOCUMENT by Michael Puisis, D.O., Brie Williams, M.D., M.S. re 72 Order on Motion for Leave to File Document Brief of Amici Curiae Public Health Experts. (Attachments: # 1 Proof of Service)(Iredale, Eugene) (jms). (Entered: 05/29/2020)

May 29, 2020 PACER

Motion Hearing

May 29, 2020 PACER
75

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Motion Hearing) held on 5/29/2020 before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/22/2020. Redacted Transcript Deadline set for 7/2/2020. Release of Transcript Restriction set for 8/31/2020. (akr) (Entered: 06/01/2020)

June 1, 2020 PACER
76

NOTICE of Filing Supplemental Documents by Steven C. Stafford, Donald W. Washington re 71 Response in Opposition to Motion (Attachments: # 1 Exhibit A & B)(Norris, Brett) (jms). (Entered: 06/02/2020)

June 2, 2020 PACER
77

SUR-REPLY - re 61 MOTION for Preliminary Injunction (Plaintiff-Petitioners' Notice of Motion and Motion for Preliminary Injunction and Provisional Class Certification), 69 Order,, Set Motion and R&R Deadlines/Hearings, filed by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Attachments: # 1 Declaration of Attorney Joan McPhee in Support of Plaintiff-Petitioners Reply in Support of Plaintiff-Petitioners' Motion for Preliminary Injunction and Provisional Class Certification, # 2 Table of Content - List of Exhibits, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(McPhee, Joanne) (jms). (Entered: 06/03/2020)

1 Declaration of Attorney Joan McPhee in Support of Plaintiff-Petitioners Reply in

View on RECAP

2 Table of Content - List of Exhibits

View on PACER

3 Exhibit A

View on RECAP

4 Exhibit B

View on PACER

5 Exhibit C

View on PACER

6 Exhibit D

View on PACER

7 Exhibit E

View on PACER

8 Exhibit F

View on PACER

June 3, 2020 PACER
78

MOTION for Leave to File Excess Pages (Plaintiff-Petitioners' Unopposed Ex Parte Application for Leave to Exceed Ten Pages) by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (McPhee, Joanne) (jms). (Entered: 06/03/2020)

June 3, 2020 PACER
79

MOTION to File Documents Under Seal (With attachments)(Simkin, Alexander) (aef). (Entered: 06/03/2020)

June 3, 2020 PACER
80

SEALED LODGED Proposed Document re: 79 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Simkin, Alexander)(aef). (Entered: 06/03/2020)

June 3, 2020 PACER
81

ORDER Denying 61 Motion for Preliminary Injunction. Plaintiffs' motion for preliminary injunction is respectfully denied, and Plaintiffs' motion for class certification (ECF No. 3) is denied as moot. Signed by Judge Dana M. Sabraw on 6/7/2020. (aef) (Entered: 06/07/2020)

June 7, 2020 PACER
82

NOTICE OF APPEAL to the 9th Circuit as to 81 Order by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Filing fee $ 505 receipt number ACASDC-14269551.) (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Attachments: # 1 Representation Statement)(Horowitz, Nicole). (Modified on 8/4/2020: Edited docket text re linked Order.) (akr). (Entered: 08/04/2020)

Aug. 4, 2020 PACER
83

USCA Case Number 20-55795 for 82 Notice of Appeal to the 9th Circuit filed by Racquel Ramcharan, Victor Lara-Soto, Jane Doe, George Ridley, Marlene Cano, Joseph Broderick, Jose Crespo-Venegas, Leopoldo Szurgot, Jacinto Victor Alvarez, Noe Gonzalez-Soto, Michael Jamil Smith. (akr) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
84

ORDER of USCA as to 82 Notice of Appeal to the 9th Circuit. The appeal filed August 4, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the USDC that will be included in the record on appeal. Briefing schedule issued. No streamlined extensions of time will be approved. Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. (akr) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
85

MINUTE ORDER Setting Telephonic Discovery Conference. Pursuant to an emailed request to chambers seeking court intervention in a dispute regarding Petitioners' request for limited expedited early discovery, the Court sets a Discovery Conference for 9/1/2020 at 11:00 AM before Magistrate Judge Allison H. Goddard. Counsel shall call the chambers teleconference line at 1-877-873-8018 and use 8367902 as the access code to join the conference. Signed by Magistrate Judge Allison H. Goddard on 9/1/2020.(no document attached) (kxm) (Entered: 09/01/2020)

Sept. 1, 2020 PACER
86

Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Discovery Conference held on 9/1/2020. The Court set a briefing schedule for a joint motion to be filed on the discovery dispute. Formal briefing schedule order to issue. (Attorneys for Petitioners Alex Simkin, Mitra Ebadolahi, Sirine Shebaya, Sarah Thompson, Emily Child, Natasha Siveski, and Abigail Burton). (Attorneys for Respondents Paul Starita and Brett Norris). (no document attached) (kxm) (Entered: 09/01/2020)

Sept. 1, 2020 PACER
87

ORDER Setting Briefing Schedule for Joint Motion for Resolution of Dispute Regarding Rule 34 Site Inspection Sought by Petitioners. Petitioners must file the Joint Motion by 9/9/20. The Joint Motion shall be limited to 20 pages in length (ten pages per side), not including exhibits. Signed by Magistrate Judge Allison H. Goddard on 9/1/20.(jmo) (Entered: 09/01/2020)

Sept. 1, 2020 PACER

~Util - Set Hearings AND Order

Sept. 1, 2020 PACER

Discovery Conference

Sept. 1, 2020 PACER
88

Joint MOTION for Extension of Time to File by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot. (Simkin, Alexander) (jms). (Entered: 09/09/2020)

Sept. 9, 2020 PACER
89

Joint MOTION for Discovery /Joint Motion for Determination of Rule 34 Site Inspection Discovery Dispute by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Christopher J. LaRose, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Steven C. Stafford, Leopoldo Szurgot, Donald W. Washington. (Simkin, Alexander) (jms). (Entered: 09/10/2020)

Sept. 10, 2020 PACER
90

DECLARATION re 89 Joint MOTION for Discovery /Joint Motion for Determination of Rule 34 Site Inspection Discovery Dispute /Declaration of Attorney Alexander B. Simkin in Support of Plaintiffs' Position in Joint Motion for Determination of Rule 34 Site Inspection Discovery Dispute. by Petitioners Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot, Respondents Christopher J. LaRose, Steven C. Stafford, Donald W. Washington. (Attachments: # 1 List of Exhibits to Simkin Declaration, # 2 Exhibit A to Simkin Declaration - Declaration of Danielle Castagne, # 3 Exhibit B to Simkin Declaration - Declaration of Billie Jo Reynolds, # 4 Exhibit C to Simkin Declaration - Supplemental Declaration of Joseph Broderick, # 5 [Proposed Order Granting Plaintiffs Limited Expedited Discovery, # 6 Declaration of Brett Norris in Support of Rule 34 Site Inspection Discovery DIspute, # 7 Supplemental Declaration of Warden C. LaRose, # 8 Index of Attachments to LaRose Supplemental Declaration, # 9 Attachment 1 to LaRose Supplemental Declaration - Exemplar COVID-19 Educational Flyers posted throughout OMDC, # 10 Attachment 2 to LaRose Supplemental Declaration, # 11 Declaration of Chief Deputy United States Marshal Keith Johnson)(Simkin, Alexander) (jms). (Entered: 09/10/2020)

Sept. 10, 2020 PACER
91

ORDER Granting Joint Motion for Extension. (ECF No. 88 ) A 12-hour extension from 9/9/20 to 9/10/20 at noon to file a joint motion concerning their discovery dispute is granted nunc pro tunc. Signed by Magistrate Judge Allison H. Goddard on 9/10/20. (jmo) (Entered: 09/10/2020)

Sept. 10, 2020 PACER
92

NOTICE of Withdrawal of Counsel, Sarah Thompson by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Thompson, Sarah) QC mailer sent re incorrect judges in caption, attorney terminated (jms). (Entered: 09/14/2020)

Sept. 14, 2020 PACER
93

NOTICE of Withdrawal of Counsel, Clara Spera by Jacinto Victor Alvarez, Joseph Broderick, Marlene Cano, Jose Crespo-Venegas, Jane Doe, Noe Gonzalez-Soto, Victor Lara-Soto, Racquel Ramcharan, George Ridley, Michael Jamil Smith, Leopoldo Szurgot (Spera, Clara) (mme). (Entered: 09/16/2020)

Sept. 16, 2020 RECAP
94

*STRICKEN PER ORDER 114 * ORDER Resolving Joint Motion for Determination of Rule 34 Site Inspection Discovery Dispute, Granting in Part and Denying in Part Plaintiffs' Motion for a Rule 34 Site Inspection (ECF No. 89 ). Signed by Magistrate Judge Allison H. Goddard on 9/18/20. (jmo) (Additional attachment(s) added on 10/2/2020: # 1 Stricken Document) (jcj). Modified on 10/2/2020 to indicate "Stricken per Order" (jcj). (Entered: 09/18/2020)

Sept. 18, 2020 RECAP
114

Amended ORDER Resolving Joint Motion for Determination of Rule 34 Site Inspection Discovery Dispute, Granting in Part and Denying in Part Plaintiffs' Motion for a Rule 34 Site Inspection (ECF No. 89 ). The Court originally entered this Order on September 18, 2020, ECF No. 94, and the Government objected to the Order in part and requested that certain language in the Order be stricken. Because that language is not necessary to the Courts Order, the Court enters this Amended Order sua sponte removing that language. Otherwise, the Order remains unchanged. The original Order entered at ECF No. 94 is hereby STRICKEN and replaced with this Amended Order. Signed by Magistrate Judge Allison H. Goddard on 10/02/2020.(jcj) (Entered: 10/02/2020)

Sept. 18, 2020 PACER

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 25, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals detained in the Otay Mesa Detention Center awaiting trial or sentencing on behalf of all similarly situated persons.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

US Marshals Service, Federal

Otay Mesa Detention Center (San Diego), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Over/Unlawful Detention

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Post-PLRA Population Cap

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Non-government for profit