Case: Martinez v. Chertoff

Martinez v. Chertoff

Martinez v. Chertoff

EMERGENCY PETITITION FOR WRIT OF HABEAS CORPUS, WRIT OF MANDAMUS, COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, AND MOTION FOR A STAY OF REMOVAL filed by Plaintiffs Ivan Munoz Martinez and Esmerelda T Bermudez against Defendants Richard K Jones, Secretary, Department of Homeland Security, Assistant Secretary, US Department of Homeland Security, District Director, ICE, and Todd Smith.(Filing fee $ 350.) (Attachments: # 1 Civil Cover Sheet) (scot1, ) (Entered: 08/31/2007)

Filing fee: $ 350, receipt number 435434 (scot1, ) (Entered: 08/31/2007)

Minute Entry for proceedings held before Judge Susan J. Dlott : Hearing held on 8/31/2007. Parties to prepare a notice and distribute notice to any and all of the INS detainees advising them that there are Cincinnati attorneys who will give them free legal assistance (Court Reporter Julie Wolfer (Official).) (wam, ) (Entered: 08/31/2007)

Summons Issued as to Richard K Jones. (scot1, ) Additional attachment(s) added on 8/31/2007 (scot1, ). (Entered: 08/31/2007)

Notice of Correction re 2 Summons Issued: Incorrect PDF originally attached by Clerk. Clerk reattached correct PDF. (scot1, ) (Entered: 08/31/2007)

Summons Issued as to Ivan Munoz Martinez, Secretary, Department of Homeland Security, Assistant Secretary, US Department of Homeland Security, District Director, ICE, Todd Smith, U.S. Attorney and U.S. Attorney General (scot1, ) (Entered: 08/31/2007)

Emergency MOTION to Intervene by Koch Foods of Cincinnati LLC . (Attachments: # 1 Exhibit A (Complaint)# 2 Exhibit B (Search Warrant)# 3 Exhibit C (Newspaper Article)# 4 Exhibit D (Letter)# 5 Exhibit D (Letter)) (Crouse, Candace) (Entered: 09/07/2007)

MOTION for Preliminary Injunction by Intervenor Plaintiff Koch Foods of Cincinnati LLC. (Crouse, Candace) (Entered: 09/07/2007)

NOTICE of Appearance by Martin Stanley Pinales Intervenor Plaintiff Koch Foods of Cincinnati LLC (Pinales, Martin) (Entered: 09/07/2007)

MOTION for Hearing by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez. (Attachments: # 1 Exhibit Ex. 1, Affidavit of Ismael Gonzalez−Ocampo# 2 Exhibit Ex. 2, List of Free Legal Services Providers# 3 Exhibit Ex. 3, ICE Transfer Standards# 4 Exhibit Ex. 4, Notice of Appearance) (Namei, Firooz) (Entered: 09/10/2007)

Notice of Correction re 5 MOTION for Preliminary Injunction: Document is a two part motion that also included a Motion for TRO. Attorney to refile same PDF as a Motion for TRO. (scot1, ) (Entered: 09/10/2007)

RESPONSE to Motion re 5 MOTION for Preliminary Injunction Federal Defendants' Memorandum Regarding Standing of Proposed Intervenor to Seek an Injunction filed by Defendants Secretary, Department of Homeland Security, Assistant Secretary, US Department of Homeland Security, District Director, ICE, Todd Smith. (Kaminski, Gerald) (Entered: 09/10/2007)

MOTION for Temporary Restraining Order by Intervenor Plaintiff Koch Foods of Cincinnati LLC. (Crouse, Candace) (Entered: 09/10/2007)

Supplemental Memorandum Supporting re 5 MOTION for Preliminary Injunction, 4 Emergency MOTION to Intervene by Koch Foods of Cincinnati LLC , 9 MOTION for Temporary Restraining Order filed by Intervenor Plaintiff Koch Foods of Cincinnati LLC. (Attachments: # 1 Exhibit A (Pinales Affidavit# 2 Exhibit B (Reisen Affidavit)) (Crouse, Candace) (Entered: 09/10/2007)

Minute Entry for proceedings held before Judge Susan J. Dlott : Motion Hearing held on 9/7/2007 re 5 MOTION for Preliminary Injunction/TRO filed by Koch Foods of Cincinnati LLC. Matter taken under advisement. (Court Reporter Jodie Perkins (Official).) (wam, ) Modified docket text on 9/11/2007 (scot1, ). (Entered: 09/10/2007)

Minute Entry for proceedings held before Judge Susan J. Dlott : Motion Hearing held on 9/10/2007 re 7 EMERGENCY MOTION for Evidentiary Hearing. (Court Reporter Julie Wolfer (Official).) (wam, ) Modified docket text on 9/11/2007 (scot1, ). (Entered: 09/11/2007)

MOTION to Take Deposition from Ivan Munoz Martinez and Esmerelda T. Bermudez by Defendant Richard K Jones. (Ferguson, Dan) (Entered: 09/11/2007)

NOTICE of Appearance by Dan Lee Ferguson Defendant Richard K Jones (Ferguson, Dan) (Entered: 09/11/2007)

NOTICE by Defendant Richard K Jones re 11 MOTION to Take Deposition from Ivan Munoz Martinez and Esmerelda T. Bermudez 9/21/2007 at 10:00p.m. (Ferguson, Dan) (Entered: 09/11/2007)

NOTICE of Hearing on Motion 11 MOTION to Take Deposition from Ivan Munoz Martinez and Esmerelda T. Bermudez : Motion Hearing set for 9/17/2007 at 2:00 PM in chambers before Judge Susan J. Dlott. (wam, ) (Entered: 09/13/2007)

RESPONSE to Motion re 7 MOTION for Hearing MEMORANDUM OF LAW REGARDING THE APPLICATION OF THE REAL ID ACT OF 2005 TO PLAINTIFF GONZALEZ−OCAMPOS CONSTITUTIONAL CHALLENGE TO HIS STIPULATED ORDER OF REMOVAL filed by Defendants Secretary, Department of Homeland Security, Assistant Secretary, US Department of Homeland Security, District Director, ICE, Todd Smith. (Attachments: # 1 Exhibit In Removal Proceedings# 2 Exhibit Stipulated Request for Removal Order) (Kaminski, Gerald) (Entered: 09/13/2007)

PRETRIAL MEMORANDUM by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez. (Namei, Firooz) (Entered: 09/15/2007)

MOTION to Amend/Correct 16 Pretrial Memorandum by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez. (Namei, Firooz) (Entered: 09/15/2007)

Minute Entry for proceedings held before Judge Susan J. Dlott : Motion Hearing held on 9/17/2007 re 11 MOTION to Take Deposition from Ivan Munoz Martinez and Esmerelda T. Bermudez filed by Richard K Jones. (Court Reporter Jodie Perkins (Official).) (wam, ) (Entered: 09/17/2007)

ORDER granting 17 Motion to supplement memorandum with Sixth Circuit decision. Signed by Judge Susan J. Dlott on 9/18/07. (wam, ) (Entered: 09/18/2007)

[FORMER DOC. 19] NOTICE of Appearance by Constance M Pillich Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez (Pillich, Constance) Modified on 9/20/2007 to remove PDF (mg1, ). (Entered: 09/19/2007)

[FORMER DOC. 20] NOTICE of Voluntary Dismissal by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez (Pillich, Constance) Modified on 9/20/2007 to remove PDF (mg1, ). (Entered: 09/19/2007)

NOTICE of Appearance by Constance M Pillich Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez (Pillich, Constance) (Entered: 09/20/2007)

[FORMER DOC. 22] NOTICE of Voluntary Dismissal by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez (Pillich, Constance) Modified to remove PDF on 9/21/2007 (scot1, ). (Entered: 09/20/2007)

Notice of Correction re [FORMER DOC. 22] Notice of Voluntary Dismissal: PDF was unsigned. Attorney to refile. (scot1, ) (Entered: 09/21/2007)

NOTICE of Voluntary Dismissal by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez (Pillich, Constance) (Entered: 09/21/2007)

MOTION to Dismiss by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez.Responses due by 10/19/2007 (Namei, Firooz) (Entered: 10/19/2007)

RESPONSE to Motion re 24 MOTION to Dismiss Federal Defendants' Notice of Non−Opposition to Plaintiffs' Motion to Dismiss this Lawsuit Without Prejudice filed by Defendants Secretary, Department of Homeland Security, Assistant Secretary, US Department of Homeland Security, District Director, ICE, Todd Smith. (Kaminski, Gerald) (Entered: 10/22/2007)

NOTICE by Defendant Richard K Jones of Non−Opposition of Motion to Dismiss (Ferguson, Dan) (Entered: 10/26/2007)

TRANSCRIPT of Proceedings (Hearing) held on August 31, 2007 before Judge Susan J. Dlott. Court Reporter: Julie Wolfer (Official). NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms − Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. (scot1, ) (Entered: 10/29/2007)

TRANSCRIPT of Proceedings (Motions Hearing) held on September 10, 2007 before Judge Susan J. Dlott. Court Reporter: Julie Wolfer (Official). NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms − Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. (scot1, ) (Entered: 10/29/2007)

ORDER granting 24 Motion to Dismiss without prejudice. Signed by Judge Susan J. Dlott on 10/26/07. (wam1, ) (Entered: 10/29/2007)