Case: Alcantara v. Archambeault

3:20-cv-00756 | U.S. District Court for the Southern District of California

Filed Date: April 21, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas petition brought on behalf of medically vulnerable immigration detainees confined in two detention centers in California. The plaintiffs were granted a temporary restraining order and released from detention on April 30, 2020. The motion for preliminary injunctions for both subclasses were denied on May 26 and July 22. The parties engaged in discovery as well as settlement discussions throughout late 2020 and 2021, and the case is currently stayed.This is a cl…

COVID-19 Summary: This is a habeas petition brought on behalf of medically vulnerable immigration detainees confined in two detention centers in California. The plaintiffs were granted a temporary restraining order and released from detention on April 30, 2020. The motion for preliminary injunctions for both subclasses were denied on May 26 and July 22. The parties engaged in discovery as well as settlement discussions throughout late 2020 and 2021, and the case is currently stayed.


This is a class action lawsuit regarding the immediate release of medically vulnerable immigration detainees from two immigration detention centers during the COVID-19 pandemic. On April 21, 2020, numerous immigration detainees filed this lawsuit in the U.S. District Court for the Southern District of California. The plaintiffs sued the Acting Secretary for the U.S. Department of Homeland Security, the senior warden and an officer at Otay Mesa Detention Center (OMDC), Field Office Director at Immigration and Customs Enforcement (ICE), the Calexico Assistant Field Office Director, Deputy Director of ICE, and Facility Administrator at the Imperial Regional Detention Facility (IRDF) for writs of habeas corpus under 28 U.S.C § 2241. Specifically, they alleged violations of their Fifth Amendment right to due process by subjecting them to heightened risk of contracting COVID-19. Represented by private counsel and the American Civil Liberties Union Foundation of San Diego and Imperial Counties, the plaintiff sought writs of habeas corpus for immediate release of medically vulnerable detainees, or alternatively injunctive relief or a temporary restraining order ordering the immediate release, as well as declaratory relief and attorneys' fees. The case was assigned to Judge Dana M. Sabraw.

The plaintiffs alleged that in the Spring of 2020, outbreaks of COVID-19 at the detention facilities escalated and that ODMC had the highest number of confirmed cases out of any ICE facility in the country. They argued that the staff failed to take appropriate preventative measures, such as by failing to allow for social distancing in the barracks, dining, bathing, or recreation areas.

On the same day the petition was filed, the plaintiffs also filed motions for a temporary restraining order and for class certification. The plaintiffs requested a class-wide temporary restraining order directing the defendants to immediately release the Otay Mesa Medically Vulnerable subclass from custody , which included "all civil immigration detainees incarcerated at the Otay Mesa Detention Center who are age 45 or over or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19." The plaintiffs also proposed an Imperial Class of "all civil immigration detainees incarcerated at the Imperial Regional Detention Facility" and an Imperial Medically Vulnerable Subclass of "all civil immigration detainees incarcerated at the Imperial Regional Detention Facility who are age 45 or over or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19."

On April 30, the court granted the plaintiffs' motion for temporary restraining order, declaring that the conditions of confinement at OMDC were unconstitutional under the Fifth Amendment. The court provisionally granted the OMDC Subclass and ordered the defendants to identify subclass members and immediately release them in a manner that comported with public health guidelines. On May 1, the court issued an order granting in part the class certification, modifying and provisionally certifying the Otay Mesa Medically Vulnerable subclass as "all civil immigration detainees incarcerated at the Otay Mesa Detention Center who are age 60 or over or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19 as determined by CDC guidelines." The court also confirmed its issuance of the temporary restraining order set forth in the April 30 order.

On May 4, 2020, the defendants filed a motion to amend or correct the order granting the temporary restraining order, contending that the court addressed the plaintiff's likelihood of success on the merits after it declared that the conditions of confinement were unconstitutional under the Fifth Amendment and erred in provisionally granting the Subclass. They requested that the court correct the April 30 order to clarify that it did not issue a ruling on the merits but rather found a likelihood of success on the merits. The court granted the defendants' motion in part, specifically correcting the language of the April 30 order to state that it found a likelihood of success on the merits.

In a May 11 supplemental briefing, the plaintiffs argued that, because they could continue to demonstrate a likelihood of success on the merits of their claim, the temporary restraining order should be converted to a preliminary injunction. However, on May 26, the court denied this request for a preliminary injunction, finding that the defendants instituted a number of new policies and practices to address the spread of COVID-19 at OMDC (such as suspending new admissions, screening all persons entering the facility, posting educational resources, increasing sanitation, providing masks to detainees, and requiring employees to wear personal protective equipment), had identified subclass members, and that most subclass members were being housed in units with no positive cases. The court thus found that the plaintiffs had not demonstrated a likelihood of success on the due process claim.

On June 12, the plaintiffs moved for a preliminary injunction and writs of habeas corpus and to provisionally certify the IRDF class and subclass. Specifically, the plaintiffs requested that the court order the defendants to release all members of the IRDF subclass, reduce the population at the facility to allow for social distancing, and create a plan to protect those remaining (including implementing testing, social distancing, and cleaning protocols and providing personal hygiene and protective materials).

On July 22, the court denied the plaintiffs' motion for preliminary injunction and motion for class certification. The court held that IRDF had no active COVID-19 cases and thus, unlike OMDC, the plaintiffs failed to show a likelihood of success on the merits.

On August 10, the defendants filed a motion to dismiss and a joint motion to decertify the OMDC subclass, both of which the court denied on October 19.

On August 28, 2020, the plaintiffs filed a motion for relief from the May 26 order or, in the alternative, for preliminary injunction to establish a dispute resolution process regarding the OMDC subclass. The court denied this motion on November 12, stating that the plaintiffs failed to show a likelihood of success on the merits. 2020 WL 6684940. The court stated that even though OMDC had resumed accepting new individuals, including individuals who had tested positive for COVID-19, that was not sufficient to warrant relief in light of the precautions being taken at OMDC. Furthermore, the court decided that although the plaintiffs' assertion that these new admissions were being housed with members of the OMDC subclass was potentially concerning, it was unclear whether it was actually happening.

On April 15, 2021 the parties filed a joint motion to extend all case deadlines so that they could engage in confidential settlement discussions. Through the late spring and summer of 2021, the parties continued settlement discussions. On July 12, the parties filed a joint motion to stay the case for 90 days, which the court granted on July 16. At the end of this period, the parties moved to extend the stay, which the court granted on October 14.

Summary Authors

Zofia Peach (4/9/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17088317/parties/alcantara-v-archambeault/


Judge(s)

Goddard, Allison H. (California)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Barczak, Eleanor (California)

Eber, Alexandra (District of Columbia)

Galicki, Alexander (California)

Grano, Kimberly Robin (California)

Hemann, John H. (California)

Langarica, Monika Yvette (California)

Loy, John David (California)

Markovitz, Jonathan Paul (California)

Judge(s)

Goddard, Allison H. (California)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Barczak, Eleanor (California)

Eber, Alexandra (District of Columbia)

Galicki, Alexander (California)

Grano, Kimberly Robin (California)

Hemann, John H. (California)

Langarica, Monika Yvette (California)

Loy, John David (California)

Markovitz, Jonathan Paul (California)

Vakili, Bardis (California)

Attorneys(s) for Defendant

Acedo, Nicholas Daniel (Arizona)

Bettwy, Samuel William (California)

Boutelle, Betsey (California)

Church, Rebecca G. (California)

Lee, Jacob B. (Arizona)

Love, Rachel (Arizona)

Mahoney, Matthew Miguel (California)

Rice, John J (California)

Struck, Daniel Patrick (Arizona)

Documents in the Clearinghouse

Document

3:20-cv-00756

3:20-cv-00618

3:20-cv-00947

3:20-cv-00782

Docket [PACER]

Oct. 14, 2021

Oct. 14, 2021

Docket
2

3:20-cv-00756

Plaintiff-Petitioners' Emergency Ex Parte Motion for Subclass-Wide Emergency Temporary Restraining Order, Preliminary Injunction and Writ of Habeas Corpus

April 21, 2020

April 21, 2020

Pleading / Motion / Brief
1

3:20-cv-00756

Complaint-Class Action and Petition for Writ of Habeas Corpus

April 21, 2020

April 21, 2020

Complaint
1-2

3:20-cv-00756

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

April 21, 2020

April 21, 2020

Pleading / Motion / Brief
38

3:20-cv-00756

Order Granting Plaintiff-Petitioners' Emergency Ex Parte Motion for Subclass-wide Temporary Restraining Order

April 30, 2020

April 30, 2020

Order/Opinion
41

3:20-cv-00756

Order (1) Granting in Part Plaintiffs' Motion for Class Certification and (2) Granting Plaintiffs' Motion for Subclass-wide Emergency Temporary Restraining Order

106 Fed.R.Serv.3d 931

May 1, 2020

May 1, 2020

Order/Opinion
54

3:20-cv-00756

Order Granting in Part and Denying in Part Warden Larose's Emergency Ex Parte Motion for Reconsideration

May 6, 2020

May 6, 2020

Order/Opinion
77

3:20-cv-00756

Order Denying Plaintiffs' Motion for Preliminary Injunction

462 F.Supp.3d 1073

May 26, 2020

May 26, 2020

Order/Opinion
83

3:20-cv-00756

Plaintiff-Petitioners' Notice of Motion and Emergency Motion for Preliminary Injunction and Writ of Habeas Corpus

June 12, 2020

June 12, 2020

Pleading / Motion / Brief
106

3:20-cv-00756

Order (1) Denying Plaintiffs' Motion for Preliminary Injunction and (2) Denying without Prejudice Plaintiffs' Motion for Class Certification

2020 WL 4201665

July 22, 2020

July 22, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17088317/alcantara-v-archambeault/

Last updated July 23, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

Petition for Writ of Habeas Corpus Against Gregory J. Archambeault, James Dobson, Jesus Reyna, Christopher J. LaRose, Sixto Marrero, Matthew T. Albence, Chad Wolf, filed by Adrian Rodriguez Alcantara, Maria Flor Calderon Lopez, Yasmani Osorio Reyna, Mary Doe, (Filing fee $5 - receipt number ACASDC-13772781 [paid $400.00 for complaint, confirmed petition]) (Attachments: # 1 Civil Cover Sheet, # 2 Notice of Motion for Class Certification, # 3 Memo of Points and Authorities in Support of Motion for Class Certification, # 4 Declaration Bardis Vakili In Support of Motion for Class Certification, # 5 Declaration of Adrian Rodriguez Alcantara, # 6 Declaration of Yasmani Osorio Reyna, # 7 Declaration f Maria Flor Calderon Lopez, # 8 Declaration of Mary Doe, # 9 Declaration of Dorien Ediger-Seto, # 10 Declaration of Luis Gonzalez, # 11 Declaration of Elizabeth Lopez, # 12 Declaration of Kate Clark, # 13 Declaration of Brendan Cassidy, # 14 Declaration of Dr. Joseph J. Amon, # 15 Declaration f Dr. Katherine C. McKenzie, # 16 Declaration f Dr. Jonathan L. Golob)The new case number is 3:20-cv-756-GPC-AHG. Judge Gonzalo P. Curiel and Magistrate Judge Allison H. Goddard are assigned to the case. (Langarica, Monika)(jms)(jrd) (Entered: 04/21/2020)

1 Civil Cover Sheet

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2 Notice of Motion for Class Certification

View on RECAP

3 Memo of Points and Authorities in Support of Motion for Class Certification

View on PACER

4 Declaration Bardis Vakili In Support of Motion for Class Certification

View on PACER

5 Declaration of Adrian Rodriguez Alcantara

View on PACER

6 Declaration of Yasmani Osorio Reyna

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7 Declaration f Maria Flor Calderon Lopez

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8 Declaration of Mary Doe

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9 Declaration of Dorien Ediger-Seto

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10 Declaration of Luis Gonzalez

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11 Declaration of Elizabeth Lopez

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12 Declaration of Kate Clark

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13 Declaration of Brendan Cassidy

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14 Declaration of Dr. Joseph J. Amon

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15 Declaration f Dr. Katherine C. McKenzie

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16 Declaration f Dr. Jonathan L. Golob

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April 21, 2020

April 21, 2020

RECAP
2

MOTION for Temporary Restraining Order by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna. (Attachments: # 1 Memo of Points and Authorities In support of Ex Parte Application for TRO, # 2 Declaration of Monika Y. Langarica in support of motion for Emergency Temporary)(jms)(jrd) (Entered: 04/21/2020)

1 Memo of Points and Authorities In support of Ex Parte Application for TRO

View on PACER

2 Declaration of Monika Y. Langarica in support of motion for Emergency Temporary

View on PACER

April 21, 2020

April 21, 2020

RECAP
3

MOTION for Leave to File Excess Pages by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna. (jms)(jrd) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
4

NOTICE OF RELATED CASE(S) by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna of case(s): 20cv618-BAS-RBB, 20cv658-LAB-MSB, 20cv679-H-BLM, 20cv682-LAB-MDD. (jms)(jrd) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
5

NOTICE of Appearance by Bardis Vakili on behalf of Adrian Rodriguez Alcantara, Mary Doe, Flor Calderon Maria Lopez, Yasmani Osorio Reyna (Vakili, Bardis)Attorney Bardis Vakili added to party Adrian Rodriguez Alcantara(pty:pet), Attorney Bardis Vakili added to party Mary Doe(pty:pet), Attorney Bardis Vakili added to party Flor Calderon Maria Lopez(pty:pet), Attorney Bardis Vakili added to party Yasmani Osorio Reyna(pty:pet) (jms). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
6

NOTICE of Appearance by Kimberly Robin Grano on behalf of Adrian Rodriguez Alcantara, Mary Doe, Flor Calderon Maria Lopez, Yasmani Osorio Reyna (Grano, Kimberly)Attorney Kimberly Robin Grano added to party Adrian Rodriguez Alcantara(pty:pet), Attorney Kimberly Robin Grano added to party Mary Doe(pty:pet), Attorney Kimberly Robin Grano added to party Flor Calderon Maria Lopez(pty:pet), Attorney Kimberly Robin Grano added to party Yasmani Osorio Reyna(pty:pet) (jms). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
7

NOTICE of Appearance by Jonathan Paul Markovitz on behalf of Adrian Rodriguez Alcantara, Mary Doe, Flor Calderon Maria Lopez, Yasmani Osorio Reyna (Markovitz, Jonathan)Attorney Jonathan Paul Markovitz added to party Adrian Rodriguez Alcantara(pty:pet), Attorney Jonathan Paul Markovitz added to party Mary Doe(pty:pet), Attorney Jonathan Paul Markovitz added to party Flor Calderon Maria Lopez(pty:pet), Attorney Jonathan Paul Markovitz added to party Yasmani Osorio Reyna(pty:pet) (jms). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
8

NOTICE of Appearance by John David Loy on behalf of Adrian Rodriguez Alcantara, Mary Doe, Flor Calderon Maria Lopez, Yasmani Osorio Reyna (Loy, John)Attorney John David Loy added to party Adrian Rodriguez Alcantara(pty:pet), Attorney John David Loy added to party Mary Doe(pty:pet), Attorney John David Loy added to party Flor Calderon Maria Lopez(pty:pet), Attorney John David Loy added to party Yasmani Osorio Reyna(pty:pet) (jms). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
9

MOTION to File Documents Under Seal (With attachments)(Grano, Kimberly) (aef). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
10

SEALED LODGED Proposed Document re: 9 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Grano, Kimberly) (aef). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
11

MINUTE ORDER OF RECUSAL. Judge Gonzalo P. Curiel is no longer assigned. Case randomly reassigned to Judge Dana M. Sabraw for all further proceedings. The new case number is 20cv756 DMS (AHG).(no document attached) (jcj) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

Order of Judge Transfer

April 23, 2020

April 23, 2020

PACER
12

NOTICE of Supplemental Facts and Authorities by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna re 2 MOTION for Temporary Restraining Order (Langarica, Monika) (aef). (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

RECAP
13

ORDER Requesting Response. Defendants-Respondents shall file a response on or before 12:00 noon on April 27, 2020. A hearing on the motions, if necessary, shall be scheduled after receipt of Defendants' response. Signed by Judge Dana M. Sabraw on 4/24/2020.(aef) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER

Pro Hac Vice Approved - Clerk

April 24, 2020

April 24, 2020

PACER
14

ORDER Setting Hearing and Providing Guidance on Further Briefing. Defendants shall file their responsive brief on or before May 8, 2020, and Plaintiffs shall file their reply on or before May 15, 2020. The Court will hear argument on the Otay Mesa Medically Vulnerable Subclass on April 28, 2020, at 1:30 p.m. Argument on the motion for class certification of the other groups will be heard on May 22, 2020, at 10:30 a.m. Both arguments will be telephonic, and the Court will provide the dial information to Counsel in advance of the hearing. Signed by Judge Dana M. Sabraw on 4/24/2020.(aef) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
15

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13790571.) (Application to be reviewed by Clerk.) (Struck, Daniel) (rmc). (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
16

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13790616.) (Application to be reviewed by Clerk.) (Love, Rachel) (rmc). (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
17

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13790639.) (Application to be reviewed by Clerk.) (Acedo, Nicholas) (rmc). (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
18

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13790689.) (Application to be reviewed by Clerk.) (Lee, Jacob) (rmc). (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
19

PRO HAC APPROVED: Daniel P Struck appearing for Respondent Christopher J. LaRose (no document attached) (rmc) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
20

PRO HAC APPROVED: Rachel Love appearing for Respondent Christopher J. LaRose (no document attached) (rmc) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
21

PRO HAC APPROVED: Jacob Brady Lee appearing for Respondent Christopher J. LaRose (no document attached) (rmc) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
22

PRO HAC APPROVED: Nicholas D. Acedo appearing for Respondent Christopher J. LaRose (no document attached) (rmc) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
23

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by Matthew T. Albence, Gregory J. Archambeault, James Dobson, Jesus Reyna, Chad Wolf. (Attachments: # 1 Exhibit, # 2 Declaration Kelley Beckhelm, # 3 Declaration Dr. Philip Farabaugh)(Bettwy, Samuel) (jms). (Entered: 04/27/2020)

1 Exhibit

View on RECAP

2 Declaration Kelley Beckhelm

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3 Declaration Dr. Philip Farabaugh

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April 27, 2020

April 27, 2020

RECAP
24

MOTION to File Documents Under Seal (Bettwy, Samuel) (anh). (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP
25

SEALED LODGED Proposed Document re: 24 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Bettwy, Samuel) (anh). (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
26

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by Christopher J. LaRose. (Attachments: # 1 Exhibit 1 - Declaration of LaRose (with Index and Attachments 01-14 (Part 1), # 2 Attachments 15-24 to Declaration of LaRose (Part 2), # 3 Exhibit 2 - Declaration of K. Ivens (with Index and Attachments 01-02), # 4 Certificate of Service)(Struck, Daniel) (aef). (Entered: 04/27/2020)

1 Exhibit 1 - Declaration of LaRose (with Index and Attachments 01-14 (Part 1)

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2 Attachments 15-24 to Declaration of LaRose (Part 2)

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3 Exhibit 2 - Declaration of K. Ivens (with Index and Attachments 01-02)

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4 Certificate of Service

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April 27, 2020

April 27, 2020

PACER
27

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order - Motion for Class Certification Re: Otay Mesa Subclass filed by Christopher J. LaRose. (Attachments: # 1 Proof of Service)(Struck, Daniel) (aef). (Entered: 04/27/2020)

1 Proof of Service

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April 27, 2020

April 27, 2020

RECAP
28

NOTICE of Appearance of Matthew M. Mahoney as Counsel of Record for Respondent Warden LaRose by Matthew Miguel Mahoney on behalf of Warden LaRose (Mahoney, Matthew)Attorney Matthew Miguel Mahoney added to party Warden LaRose(pty:res) (jms). (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
29

NOTICE of Joinder by Matthew T. Albence, Gregory J. Archambeault, James Dobson, Jesus Reyna, Chad Wolf re 27 Response in Opposition to Motion, 26 Response in Opposition to Motion, (Church, Rebecca) (jms). (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP
30

NOTICE of Joinder by Christopher J. LaRose re 25 Sealed Lodged Proposed Document, 23 Response in Opposition to Motion, (Attachments: # 1 Proof of Service)(Struck, Daniel) (jms). (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
31

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order filed by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna. (Langarica, Monika) (jms). (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP

Motion Hearing

April 28, 2020

April 28, 2020

PACER
32

SUPPLEMENTAL DOCUMENT by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna re 31 Reply to Response to Motion Supplemental Declaration of Dr. Joseph J. Amon in suport of Reply to Defendants' Response to Emergency Motion for TRO. (Langarica, Monika) (jms). (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
33

Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 4/28/2020 re 2 MOTION for Temporary Restraining Order filed by Mary Doe, Adrian Rodriguez Alcantara, Maria Flor Calderon Lopez, Yasmani Osorio Reyna. All counsel appeared telephonically. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Bardis Vakili, Monika Langarica). (Defendant Attorney Samuel Bettwy, Rebecca Church). (For Warden LaRose: Dan Struck, Nicholas Acevedo, Jacob Lee, Rachel Love).(no document attached) (jak) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
34

SUPPLEMENTAL BRIEFING by Respondent Christopher J. LaRose re 27 Response in Opposition to Motion for Class Certification Re: Otay Mesa Subclass. (Attachments: # 1 Proof of Service)(Struck, Daniel) (aef). (Entered: 04/29/2020)

1 Proof of Service

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April 29, 2020

April 29, 2020

PACER
35

ORDER Setting Telephonic Status Conference for 4/30/2020 10:00 AM before Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 4/29/2020.(sjt) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

RECAP
36

RESPONSE re 2 MOTION for Temporary Restraining Order, 34 Supplemental Briefing filed by Adrian Rodriguez Alcantara. (Attachments: # 1 Declaration Jacqueline Ramos)(Langarica, Monika) (aef). (Entered: 04/30/2020)

1 Declaration Jacqueline Ramos

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April 29, 2020

April 29, 2020

RECAP
37

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 4/30/2020. All parties appeared telephonically. Court to issue order. Further Status Conference set for 5/4/2020 12:00 PM in Courtroom 13A before Judge Dana M. Sabraw.(Court Reporter/ECR Lee Ann Pence). (Petitioner Attorney Bardis Vakili, Monika Langarica). (Respondent Attorney Samuel Bettwy, Rebecca Church, Daniel Struck, Nicholas Acedo, Jacob Lee Rachel Love). (Dr. Sherri Malakavo, Acting Director Otay Mesa Detention Center).(no document attached) (jak) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

~Util - Set Hearings

April 30, 2020

April 30, 2020

PACER

Status Conference

April 30, 2020

April 30, 2020

PACER
38

ORDER Granting 2 Plaintiff-Petitioners' Emergency Ex Parte Motion for Subclass-Wide Temporary Restraining Order. Signed by Judge Dana M. Sabraw on 4/30/2020. (aef) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP
39

MOTION to File Documents Under Seal (With attachments)(Grano, Kimberly) (anh). (Entered: 05/01/2020)

1 Memo of Points and Authorities

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May 1, 2020

May 1, 2020

RECAP
40

SEALED LODGED Proposed Document re: 39 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Grano, Kimberly) (anh). (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
41

ORDER (1) Granting in Part Plaintiffs' Motion for Class Certification and (2) Granting Plaintiffs' Motion for Subclass-Wide Emergency Temporary Restraining Order. Signed by Judge Dana M. Sabraw on 5/1/2020.(aef) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
42

Ex Parte MOTION for Protective Order by Matthew T. Albence, Gregory J. Archambeault, James Dobson, Jesus Reyna, Chad Wolf. (Bettwy, Samuel) (aef). (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

RECAP

Status Conference

May 4, 2020

May 4, 2020

PACER

~Util - Set Hearings

May 4, 2020

May 4, 2020

PACER
43

NOTICE of Lodgment by Matthew T. Albence, Gregory J. Archambeault, James Dobson, Jesus Reyna, Chad Wolf (Attachments: # 1 Exhibit SD Cnty Health Officer Order 4-7-20, # 2 Exhibit SD Cnty Health Officer Order 4-17-20)(Bettwy, Samuel)(aef). (Entered: 05/04/2020)

1 Exhibit SD Cnty Health Officer Order 4-7-20

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2 Exhibit SD Cnty Health Officer Order 4-17-20

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May 4, 2020

May 4, 2020

RECAP
44

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 4/30/2020 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 5/26/2020. Redacted Transcript Deadline set for 6/4/2020. Release of Transcript Restriction set for 8/3/2020. (akr) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
45

Ex Parte MOTION to Amend/Correct 38 Order on Motion for TRO by Matthew T. Albence, Gregory J. Archambeault, James Dobson, Jesus Reyna, Chad Wolf. (Church, Rebecca)Attorney Rebecca Grace Church added to party Matthew T. Albence(pty:res), Attorney Rebecca Grace Church added to party Gregory J. Archambeault(pty:res), Attorney Rebecca Grace Church added to party James Dobson(pty:res), Attorney Rebecca Grace Church added to party Jesus Reyna(pty:res), Attorney Rebecca Grace Church added to party Chad Wolf(pty:res) (aef). (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

RECAP
46

RESPONSE in Opposition re 42 Ex Parte MOTION for Protective Order filed by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna. (Vakili, Bardis) (aef). (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

RECAP
47

ORDER Granting 42 Ex Parte Motion for Protective Order. Signed by Judge Dana M. Sabraw on 5/4/2020. (aef) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

RECAP
48

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 5/4/2020. All parties appeared telephonically. Court to issue order. (Further Status Conference set for 5/8/2020 12:00 PM in Courtroom 13A before Judge Dana M. Sabraw.)(Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Bardis Vakili, Monika Langarica). (Defendant Attorney Samuel Bettwy, Rebecca Church, Daniel Struck, Nicholas Acedo, Jacob Lee, Rachel Love). (Dr. Sheri Malakhavo, Jamison Matuszewski, Kelley Beckhelm).(no document attached) (jak) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
49

Ex Parte MOTION for Reconsideration re 41 Order Granting Plaintiff-Petitioners' Emergency Ex Parte Motion for Subclass-Wide Temporary Restraining Order by Christopher J. LaRose. (Attachments: # 1 Declaration of Daniel P. Struck, # 2 Declaration (Supplemental) of K. Ivens, M.D., F.A.C.C.P., # 3 Declaration (Supplemental) of Warden C. LaRose, # 4 Exhibit Index - Supplemental LaRose Declaration, # 5 Exhibit 1 - Part 1, # 6 Exhibit 1 - Part 2, # 7 Exhibit 1 - Part 3, # 8 Exhibit 1 - Part 4, # 9 Exhibit 1 - Part 5, # 10 Exhibit 2-4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8-9, # 15 Exhibit 10-12, # 16 Proof of Service)(Struck, Daniel) (Entered: 05/04/2020)

1

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2

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3

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4

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5

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6

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7

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8

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9

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10

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11

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12

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13

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14

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15

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May 4, 2020

May 4, 2020

RECAP
50

ORDER Following Telephonic Status Conference. A telephonic status conference was held on May 4, 2020. The deadline for Defendants' opposition brief on the remaining class certification issues is continued to May 15, 2020. Plaintiffs' reply brief shall be filed on or before May 19, 2020. The hearing shall remain as scheduled on May 22, 2020. Signed by Judge Dana M. Sabraw on 5/4/2020.(aef) (Entered: 05/05/2020)

May 4, 2020

May 4, 2020

RECAP
51

Ex Parte MOTION re 50 Order,, Set Motion and R&R Deadlines/Hearings, 47 Order on Motion for Protective Order for Confirmation of Protective Order by Matthew T. Albence, Gregory J. Archambeault, James Dobson, Jesus Reyna, Chad Wolf. (Church, Rebecca) (aef). (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

RECAP
52

Ex Parte MOTION re 51 Ex Parte MOTION re 50 Order,, Set Motion and R&R Deadlines/Hearings, 47 Order on Motion for Protective Order for Confirmation of Protective Order . Plaintiff-Petitioners' Application to Modify May 4 Protective Order and Opposition to Defendants' Ex Parte Application for Confirmation of Protective Order by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Bardis Vakili)(Vakili, Bardis) (aef). (Entered: 05/05/2020)

1 Memo of Points and Authorities

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2 Declaration of Bardis Vakili

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May 5, 2020

May 5, 2020

RECAP
53

RESPONSE in Opposition re 49 Ex Parte MOTION for Reconsideration re 41 Order Granting Plaintiff-Petitioners' Emergency Ex Parte Motion for Subclass-Wide Temporary Restraining Order filed by Adrian Rodriguez Alcantara. (Langarica, Monika) (aef). (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

RECAP
54

ORDER Granting in part and Denying in part 49 Warden Larose's Emergency Ex Parte Motion for Reconsideration. The Court grants in part and denies in part Warden Larose's emergency ex parte motion for reconsideration. To the extent Plaintiffs wish to proceed with a preliminary injunction, they shall submit their supplement brief on or before May 11, 2020. Defendants may file any opposition briefs on or before May 15, 2020, and Plaintiffs may file their reply on or before May 19, 2020. That request shall be heard on May 22, 2020, at 10:30 a.m. Signed by Judge Dana M. Sabraw on 5/6/2020. (aef) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

RECAP
55

REPLY to Response to Motion re 51 Ex Parte MOTION re 50 Order,, Set Motion and R&R Deadlines/Hearings, 47 Order on Motion for Protective Order for Confirmation of Protective Order, 52 Ex Parte MOTION re 51 Ex Parte MOTION re 50 Order,, Set Motion and R&R Deadlines/Hearings, 47 Order on Motion for Protective Order for Confirmation of Protective Order . Plaintiff-Petitioners' Application to Modify Ma (and Response to 52 ) filed by Matthew T. Albence, Gregory J. Archambeault, James Dobson, Jesus Reyna, Chad Wolf. (Bettwy, Samuel) (aef). (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
56

ORDER Re: Protective Order. Signed by Judge Dana M. Sabraw on 5/6/2020.(aef) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
57

NOTICE of Supplemental Facts by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna (Langarica, Monika) (aef). (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
58

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 5/8/2020. All parties appeared telephonically. ( Further Status Conference set for 5/15/2020 12:00 PM in Courtroom 13A before Judge Dana M. Sabraw.)(Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Monika Langarica, Bardis Vakili). (Defendant Attorney Samuel Bettwy, Rebecca Church, Nicholas Acedo, Jacob Lee, Rachel Love, Daniel Struck). (Dr. Sherri Malakhava, Jamison Matuszewski, Kelley Beckhelm).(no document attached) (jak) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

~Util - Set Hearings

May 8, 2020

May 8, 2020

PACER

Status Conference

May 8, 2020

May 8, 2020

PACER
59

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jms) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
60

SUPPLEMENTAL BRIEFING by Petitioners Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna in support of Motion for Preliminary Injunction. (Attachments: # 1 Declaration of Robert L. Cohen M.D., # 2 Declaration of Bardis Vakili)(Langarica, Monika) (jms). (Entered: 05/11/2020)

1 Declaration of Robert L. Cohen M.D.

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2 Declaration of Bardis Vakili

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May 11, 2020

May 11, 2020

RECAP
61

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 5/4/2020 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 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020. (akr) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
62

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 5/8/2020 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 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020. (akr) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
63

Joint MOTION for Extension of Time to File Answer by Matthew T. Albence, Gregory J. Archambeault, James Dobson, Sixto Marrero, Jesus Reyna, Chad Wolf. (Bettwy, Samuel)Attorney Samuel William Bettwy added to party Sixto Marrero(pty:res)(aef). (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
64

MOTION to File Documents Under Seal (Grano, Kimberly) (anh). (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
65

SEALED LODGED Proposed Document re: 64 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Grano, Kimberly) (anh). (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
66

ORDER. This Court GRANTS the joint motion and orders that Defendants shall have until August 10, 2020, to respond to Plaintiffs' Complaint and that Defendants' waiver of service of process has the same effect as a waiver filed pursuant to Fed. R. Civ. P. 4(d)(4). Signed by Judge Dana M. Sabraw on 5/13/2020. (aef) (Entered: 05/14/2020)

May 13, 2020

May 13, 2020

PACER
67

ORDER Following Telephonic Status Conference. A telephonic status conference was held on May 8, 2020. A further telephonic status conference shall be held on May 15, 2020, at 12:00 noon. Signed by Judge Dana M. Sabraw on 5/15/2020.(aef) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER

Status Conference

May 15, 2020

May 15, 2020

PACER
68

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 5/15/2020. All parties appeared telephonically. Court to issue order. Motion Hearing set for 5/22/2020 is reset to 11:00 AM (time change only). (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Bardis Vakili, Monika Langarica). (Defendant Attorney Sammuel Bettwy, Rebecca Church, Nicholas Acedo, Jacob Lee, Rachel Love). (no document attached) (jak) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
69

RESPONSE TO SUPPLEMENTAL BRIEFING by Christopher J. LaRose re 60 Supplemental Briefing, Re: Motion for Preliminary Injunction. (Attachments: # 1 Declaration Third Declaration of LaRose, # 2 Exhibit Index - Attachment 1, # 3 Exhibit Attachment 2 - part 1, # 4 Exhibit Attachment 2 - part 2, # 5 Exhibit Attachment 2 - part 3, # 6 Exhibit Attachment 2 - part 4, # 7 Exhibit Attachments 3 - 7, # 8 Declaration Third Declaration of Ivens, # 9 Proof of Service)(Struck, Daniel)(jms). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
70

RESPONSE re 60 Supplemental Briefing, (re motion for preliminary injunction) filed by Matthew T. Albence, Gregory J. Archambeault, James Dobson, Sixto Marrero, Jesus Reyna, Chad Wolf. (Attachments: # 1 Declaration Dr. Malakhova, # 2 Declaration Dr. Farabaugh, # 3 Declaration AOIC Beckhelm)(Bettwy, Samuel)(jms). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
71

MOTION to File Documents Under Seal (Bettwy, Samuel) (anh). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
72

SEALED LODGED Proposed Document re: 71 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Bettwy, Samuel) (anh). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
73

ORDER Following Telephonic Status Conference. A telephonic status conference was held on May 15, 2020. On or before 10:30 a.m. on May 21, 2020, Defendants shall submit to the Court, in camera, an updated spreadsheet of the medically vulnerable ICE detainees in OMDC. The May 22, 2020 hearing shall be held at 11:00 a.m. Signed by Judge Dana M. Sabraw on 5/15/2020.(aef) (Entered: 05/18/2020)

May 15, 2020

May 15, 2020

PACER
74

REPLY - Other re 69 Response to Supplemental Briefing,, 70 Response - Other, Plaintiff-Petitioners' Reply to Defendants' Opposition to Motion for Preliminary Injunction filed by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna. (Langarica, Monika)(jms). (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
75

Ex Parte MOTION for Leave to File Excess Pages, Unopposed by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna. (Attachments: # 1 Declaration of Monika Langarica)(Langarica, Monika) (jms). (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
76

Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 5/22/2020. All parties appeared telephonically. Court to issue order. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Monika Langarica, Bardis Vakili). (Defendant Attorney Samuel Bettwy, Rebecca Church, Rachel Love, Daniel Struck). (no document attached) (jak) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

Motion Hearing

May 22, 2020

May 22, 2020

PACER
77

ORDER Denying Plaintiffs' Motion for Preliminary Injunction. The Court denies Plaintiffs' motion for a preliminary injunction. Should circumstances change, Plaintiffs are free to seek relief from the Court. Signed by Judge Dana M. Sabraw on 5/26/2020.(aef) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

RECAP
78

NOTICE of Appearance by John H. Hemann on behalf of Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna (Hemann, John)Attorney John H. Hemann added to party Adrian Rodriguez Alcantara(pty:pet), Attorney John H. Hemann added to party Mary Doe(pty:pet), Attorney John H. Hemann added to party Maria Flor Calderon Lopez(pty:pet), Attorney John H. Hemann added to party Yasmani Osorio Reyna(pty:pet) (aef). (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
79

SUMMONS Returned Executed by Yasmani Osorio Reyna, Mary Doe, Adrian Rodriguez Alcantara, Maria Flor Calderon Lopez. Sixto Marrero served. (Langarica, Monika) (jms). (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
80

NOTICE of Appearance of Counsel by John J. Rice on behalf of Sixto Marrero (Rice, John)Attorney John J. Rice added to party Sixto Marrero(pty:res) (jms). (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
81

NOTICE of Appearance by Eleanor Barczak on behalf of Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna (Barczak, Eleanor)Attorney Eleanor Barczak added to party Adrian Rodriguez Alcantara(pty:pet), Attorney Eleanor Barczak added to party Mary Doe(pty:pet), Attorney Eleanor Barczak added to party Maria Flor Calderon Lopez(pty:pet), Attorney Eleanor Barczak added to party Yasmani Osorio Reyna(pty:pet) (jms). (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
82

NOTICE of Appearance by Alexander Galicki on behalf of Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna (Galicki, Alexander)Attorney Alexander Galicki added to party Adrian Rodriguez Alcantara(pty:pet), Attorney Alexander Galicki added to party Mary Doe(pty:pet), Attorney Alexander Galicki added to party Maria Flor Calderon Lopez(pty:pet), Attorney Alexander Galicki added to party Yasmani Osorio Reyna(pty:pet)(jms). (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
83

Emergency MOTION for Preliminary Injunction and Writ of Habeas Corpus by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of B.G., # 3 Declaration of D.M., # 4 Declaration of C.M., # 5 Declaration of M. Portillo Gonzalez, # 6 Declaration of E. Lopez, Supplemental, # 7 Declaration of J. Amon, Second Supplemental, # 8 Declaration of R. Greinfinger, # 9 Declaration of K. Watkins)(Hemann, John) (aef). (Entered: 06/12/2020)

1 Memo of Points and Authorities

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2 Declaration of B.G.

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3 Declaration of D.M.

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4 Declaration of C.M.

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5 Declaration of M. Portillo Gonzalez

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6 Declaration of E. Lopez, Supplemental

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7 Declaration of J. Amon, Second Supplemental

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8 Declaration of R. Greinfinger

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9 Declaration of K. Watkins

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June 12, 2020

June 12, 2020

RECAP
84

MOTION to File Documents Under Seal (With attachments)(Hemann, John) (aef). (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
85

SEALED LODGED Proposed Document re: 84 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Hemann, John)(aef). (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
86

MOTION for Leave to File Excess Pages re Emergency Motion for Preliminary Injunction by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna. (Hemann, John) (aef). (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
87

Ex Parte MOTION to Shorten Time for briefing and hearing of Emergency Motion for Preliminary Injunction by Adrian Rodriguez Alcantara, Mary Doe, Maria Flor Calderon Lopez, Yasmani Osorio Reyna. (Attachments: # 1 Declaration of J. Hemann)(Hemann, John) (aef). (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
88

RESPONSE in Opposition re 87 Ex Parte MOTION to Shorten Time for briefing and hearing of Emergency Motion for Preliminary Injunction and Ex Parte Application for More Definite Statement and for Bifurcation filed by Matthew T. Albence, Gregory J. Archambeault, James Dobson, Jesus Reyna, Chad Wolf. (Attachments: # 1 Declaration Mr. Sixto Marrero)(Bettwy, Samuel) (aef). (Entered: 06/15/2020)

1

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June 15, 2020

June 15, 2020

PACER
89

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14010133.) (Application to be reviewed by Clerk.) (Eber, Alexandra) QC mail sent on 6/15/2020 re missing signature, instructed to re-file without re-paying (rmc). (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 21, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Medically vulnerable immigration detainees at Otay Mesa Detection Center and Imperial Regional Detention Facility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Acting Secretary (Washington), Federal

Senior Warden (San Diego, San Diego), Federal

San Diego Field Office Director (San Diego), Federal

Officer in Charge (San Diego, San Diego), Federal

Calexico Field Office Director (San Diego, San Diego), Federal

Deputy Director (Washington), Federal

Facility Administrator (San Diego, San Diego), Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

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):

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Habeas Corpus

Placement in detention facilities

Sanitation / living conditions

Totality of conditions

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Population-Medically vulnerable

Release Granted

Release granted-group

Release-process created/modified

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions