United States of America v. Kuraiev
| United States of America |
| Oleh Kuraiev |
| 2:2020cv01589 |
| August 11, 2020 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| John Z Boyle (PS) |
| Susan M Brnovich |
| Prisoner: Mandamus & Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 35 CLERK'S JUDGMENT - Pursuant to the Court's Order filed September 11, 2020, judgment of dismissal is entered. This action is hereby terminated. (DXD) |
Filing 34
ORDER granting #19 Motion for Permanent Injunction. See Order for further details. This action is terminated, and the Clerk shall enter judgment accordingly. Signed by Judge Susan M Brnovich on 9/10/20. (DXD)
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| Filing 33 Witness List re: Preliminary Injunction Hearing by United States of America. (ESG) |
| Filing 32 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Preliminary Injunction Hearing held on 9/4/2020. Both parties agree to consolidating the preliminary injunction hearing with the trial on the merits. Dr. Helen Hilts and Officer Jason Ciliberti sworn and examined for the Petitioner. Oleh Kuraiev sworn and examined for the Respondent. Oral arguments held. The #19 MOTION for Preliminary Injunction is taken under advisement. IT IS ORDERED that the temporary order previously issued shall remain in place until the ruling on the motion for preliminary injunction. APPEARANCES: Kristina Morrison for Petitioner. Christopher Thomas and Karl Worsham for Respondent. Russian Interpreter Sophia Velen assists the Respondent by telephone. (Court Reporter Christine Coaly) Hearing held 1:02 PM to 4:40 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) |
| Filing 31 REPLY to Response to Motion re: #19 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by United States of America. (Attachments: #1 Exhibit Exhibit List, #2 Affidavit Dr. Hilts)(Morrison, Kristina) |
| Filing 30 NOTICE of Appearance by Karl Joseph Worsham on behalf of Oleh Kuraiev. (Worsham, Karl) |
| Filing 29 RESPONSE in Opposition re: #19 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Oleh Kuraiev. (Thomas, Christopher) |
| Filing 28 STATEMENT of Anticipated Testimony, and Witness List re: 26 Status Conference, Set/Reset Hearings, Common Prompts (Text Only) by Petitioner United States of America. (Morrison, Kristina) |
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Filing 27
TEMPORARY RESTRAINING ORDER the Motion for Temporary Restraining Order (Doc. #19 ) is granted. The Motion for Preliminary Injunction remains pending. IT IS FURTHER ORDERED that the Department of Homeland Security, through competent medical personnel, may administer involuntary nutrition to Respondent and may restrain him if he resists efforts to administer nutrition. IT IS FURTHER ORDERED that Defendant must file a response to the Motion for Preliminary Injunction no later than Wednesday September 2, 2020. The Government may file a reply no later than Thursday September 3, 2020. Signed by Judge Susan M. Brnovich on 8/31/2020. (ESG)
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| Filing 26 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Status Conference held on 8/31/2020. Discussion held regarding the scheduling of a hearing as to the Government's motion for emergency temporary order and request for a preliminary injunction. Preliminary Injunction Hearing set for 9/04/2020 at 1:00 PM. The Government is directed to disclose its witnesses and a brief statement of what they anticipate their testimony is to be about by 09/02/2020. APPEARANCES: Telephonic appearance by Kristina Morrison for Petitioner. Telephonic appearance by Christopher Thomas for and with Respondent. Russian Interpreter Nana Khorganashvili assists the respondent by phone. Preliminary Injunction Hearing set for 9/4/2020 at 01:00 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. (Court Reporter Christine Coaly) Hearing held 11:33 AM to 11:42 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) |
| Filing 25 NOTICE re: Service of Order (Interpretation) filed by United States of America. (Morrison, Kristina) *Modified to correct event on 9/1/2020 (DXD). |
| Filing 24 NOTICE of Appearance by Christopher David Thomas on behalf of Oleh Kuraiev. (Thomas, Christopher) |
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Filing 23
ORDER The Court finds that the appointment of counsel in this matter would assist both Respondent and the Court. IT IS THEREFORE ORDERED appointing pro bono counsel, Christopher D. Thomas of Perkins Coie LLP, to represent Respondent in this matter. IT IS FURTHER ORDERED that the parties must be prepared to discuss a briefing schedule for the Governments Motion for Temporary Restraining Order and Motion for Preliminary Injunction at the status conference set for Monday at 11.30 a.m. IT IS FURTHER ORDERED that counsel must promptly file a Notice of Appearance herein. Signed by Judge Susan M. Brnovich on 8/27/2020. (ESG)
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| Filing 22 NOTICE re: Service of Order filed by United States of America. (Attachments: #1 Certificate of Interpretation)(Morrison, Kristina) *Modified to correct event on 9/1/2020 (DXD). |
| Filing 21 NOTICE re: Service of Documents in connection with 2nd Jt Status Rpt and TRO filed by United States of America. (Attachments: #1 Certificate of Service, #2 Certificate of Interpretation)(Morrison, Kristina) *Modified to correct event on 9/1/2020 (DXD). |
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Filing 20
ORDER setting this matter for a telephonic status conference on 8/31/2020 at 11:30 a.m. in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. IT IS FURTHER ORDERED that counsel for the United States must set up a telephonic conference to ensure Respondent is available to the Court by telephone for the Preliminary Injunction Hearing. Counsel will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. The telephone call must be placed five minutes before the hearing is scheduled to take place. IT IS FURTHER ORDERED that the United States must also ensure a Russian interpreter is present on the conference call to assist Respondent. Signed by Judge Susan M. Brnovich on 8/25/2020. (ESG)
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| Filing 19 Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by United States of America. (Attachments: #1 Exhibit List, #2 Exh. A: Ciliberti Decl., #3 Exh. B: Hilts Decl., #4 Exh. C: Attorney Certification, #5 Proposed Order)(Morrison, Kristina) |
| Filing 18 NOTICE re: Filing Signed Declarations and Status Report by United States of America re: #17 Report - Status . (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Morrison, Kristina) |
| Filing 17 STATUS REPORT - Joint by United States of America. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Morrison, Kristina) |
| Filing 16 NOTICE re: Service of Court's Order August 21, 2020 filed by United States of America. (Morrison, Kristina) *Modified to correct event on 9/1/2020 (DXD). |
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Filing 15
ORDER that the Temporary Restraining Order is extended until further Order of the Court. FURTHER ORDERED that the Government must file a supplemental joint status report on Monday, 08/24/20, no later than 5:00 PM as detailed herein. Signed by Judge Susan M. Brnovich on 8/21/20. (NKS)
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| Filing 13 SERVICE EXECUTED filed by United States of America: Certificate of Service re: Joint Status Report, Proof of Service of Draft Report & Letter, Notice of Filing Declaration of Helen Hilts and Declaration of Kristina Morrison upon Oleh Kuraiev on August 17, 2020. (Morrison, Kristina) |
| Filing 14 NOTICE to the Court by Oleh Kuraiev (1 page). (DXD) |
| Filing 12 NOTICE re: Notice of Filing Signed Decl. (Hilts) by United States of America re: #8 Report - Status . (Attachments: #1 Hilts Decl. Signed)(Morrison, Kristina) |
| Filing 11 NOTICE re: Service of Draft Joint Status Report and Letter filed by United States of America. (Morrison, Kristina) *Modified to correct event on 9/1/2020 (DXD). |
| Filing 10 STATUS REPORT - JOINT by United States of America. (Attachments: #1 Exhibit List, #2 Exhibit A - Decl. Morrison, #3 Attach. to Decl. Morrison, #4 Exhibit B - Decl. Crane)(Morrison, Kristina) |
| Filing 9 NOTICE re: Service of Interim Status Report (Doc. 8) filed by United States of America. (Morrison, Kristina) *Modified to correct event on 9/1/2020 (DXD). |
| Filing 8 STATUS REPORT - INTERIM by United States of America. (Attachments: #1 Exhibit List, #2 Exhibit A - Ciliberti Decl., #3 Exhibit B - Wier Decl., #4 Exhibit C - Morrison Decl., #5 Exhibit D. - Hilts Decl.)(Morrison, Kristina) |
| Filing 7 SERVICE EXECUTED filed by United States of America: Proof of Service re: Summons & Documents Re: Emergency Treatment upon Oleh Kuraiev. on 8/12/2020. (Attachments: #1 Certificate of Service, #2 Certificate of Interpretation)(Morrison, Kristina) |
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Filing 6
ORDER that the #2 Motion for Temporary Restraining Order is granted. IT IS FURTHER ORDERED that the Department of Homeland Security, through competent medical personnel, may perform involuntary medical examinations, weight checks, monitor vital signs, and collect blood and urine samples for analysis of Respondent Oleh Kuraiev and may restrain him if he resists those examinations, and may involuntarily administer hydration or insert urinary catheters if necessary to preserve his life, until such time as Respondent discontinues his hunger strike or until the Court otherwise orders.IT IS FURTHER ORDERED that the Government must file a joint status report on Monday, August 17, 2020, no later than 5:00 p.m. After reviewing the status report, the Court will contemplate setting a status hearing or a hearing regarding the continuation of this TRO or a potential preliminary injunction. IT IS FURTHER ORDERED that the Government must personally serve the Petition, Summons, Motion for Temporary Restraining Order, and this Order on Respondent no later than August 13, 2020. IT IS FURTHER ORDERED that the Clerk of Court must issue the Summons, if not already issued. Signed by Judge Susan M. Brnovich on 8/12/2020. (ESG)
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| Filing 5 Summons Issued as to Oleh Kuraiev. (MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 NOTICE OF ASSIGNMENT (MCO) |
| Filing 3 SUMMONS Submitted by United States of America. (Morrison, Kristina) (MCO) |
| Filing 2 MOTION for Emergency Temporary Order to Perform Involuntary Medical Examinations and Administer Involuntary Hydration by United States of America. (Morrison, Kristina) (Attachments: #1 Text of Proposed Order)(MCO) |
| Filing 1 PETITION of Emergency Order to Perform Involuntary Medical Examinations and Administer Necessary Hydration (TRO Requested) filed by United States of America. (Morrison, Kristina) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(MCO) |
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| Petitioner: United States of America | |
| Represented By: | Kristina Louise Morrison |
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| Respondent: Oleh Kuraiev | |
| Represented By: | Karl Joseph Worsham |
| Represented By: | Christopher David Thomas |
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