Paulino De Jesus Vega Rodriguez v. Chad F. Wolf et al
| Paulino De Jesus Vega Rodriguez |
| Chad F. Wolf, Matthew T. Albence, David Marin and James Janecka |
| Joseph Bick, Kathryn Hampton, Joe Goldenson and Ranit Mishori |
| 5:2020cv00686 |
| April 3, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Karen L Stevenson |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
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Filing 19
SCHEDULING ORDER by Judge Terry J. Hatter, Jr. The Court has considered the evidence and arguments presented in favor of and against Petitioners petition for a writ of habeas corpus. The Court will combine the evidentiary hearing on Petitioners petition for a writ of habeas corpus with a court trial on Petitioners claims for injunctive and declaratory relief. Each side will be allowed 8 hours to present their case. The time limit includes all aspects of the case, including opening statements, direct and cross examinations, arguments on objections, and closing arguments. In lieu of closing arguments, the parties may file closing briefs, of no more than 25 pages, no later than ten days after the conclusion of the evidentiary hearing and trial. The following dates are subject to change by the Court in response to the COVID-19 pandemic; at this time, it is unclear as to when the First Street Courthouse will re-open for evidentiary hearings and court trials for civil cases. Discovery cut-off 7/31/2020., Substantive Motion Filing Deadline by 8/10/2020., Motions in Limine Filing Deadline filed by 8/27/2020., Evidentiary Hearing and Court Trial set for 10/6/2020 at 10:00 a.m., Final Pretrial Conference set for 9/14/2020 at 10:00 a.m. While the Ninth Circuit has not yet reached the issue, it is clear to the Court that it has the inherent authority, at least in extraordinary cases, to release detainees on bail during the pendency of their habeas petitions. See order for further details. DOCKETED IN THIS CASE PER ATTACHMENT. (shb)
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Filing 18
STAY ORDER by Judge Terry J. Hatter, Jr., that, pursuant to the Preliminary Injunction issued in Roman, Petitioner shall remain released pending a final resolution of Roman or further order of the Court. Further Ordered that pending a final resolution of Roman, this case be, and hereby is, Stayed. (See document for further details). (jp)
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Filing 17
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Court issued a temporary restraining order [TRO] in this case on April 10, 2020, and ordered Respondents to show cause why a preliminary injunction should not issue. Pursuant to Fed. R. Civ. P. 65(b)(2), the TRO will expire on April 24, 2020, the fourteenth day after the date of issuance, unless, for good cause, the Court extends it. The parties have filed their respective briefs in response to the Courts Order to Show Cause: re: Preliminary Injunction. The Court finds that good cause exists under Rule 65(b)(2)to extend the TRO for an additional 14 days. The good cause is that the extension will allow the Court time to consider the significant constitutional issues raised in the parties briefs. The TRO will remain in effect until May 8, 2020. (shb)
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| Filing 16 REPLY in Support of Preliminary Injunction filed by Petitioner Paulino De Jesus Vega Rodriguez. (Attachments: #1 Declaration of Paulino Vega Rodriguez)(Lai, Anne) |
| Filing 15 RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolfto Temporary Restraining Order, Set/Reset Deadlines #13 Respondents Response To Order To Show Cause As To Why A Preliminary Injunction Should Not Be Issued (Attachments: #1 Declaration of Gabriel Valdez)(Quist, Sarah) |
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Filing 14
MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: The Court finds that the motion for leave to file brief of AMICI CURIAE, filed on April 7, 2020 #10 and currently set for hearing on May 11, 2020, is appropriate for decision without oral argument. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary on May 11, 2020. (shb)
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Filing 13
SEALED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. (shb)
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| Filing 12 DECLARATION of Caitlin Bellis re Minutes of In Chambers Order/Directive - no proceeding held,, #11 Regarding Petitioner's Placement if Released filed by Petitioner Paulino De Jesus Vega Rodriguez. (Bellis, Caitlin) |
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Filing 11
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Petitioner Rodriguez, or his counsel, shall file, as soon as possible, a supplemental declaration setting forth the name and address of the residential treatment facility that will accept Petitioner. The Court will not consider ordering Petitioners release unless there is an open bed waiting for him at a residential treatment facility and without knowing whether the residential treatment facility is in compliance with all COVID-19 safeguards. After filing, a copy of the declaration shall be emailed to TJH_chambers@cacd.uscourts.gov. (shb)
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| Filing 10 NOTICE OF MOTION AND MOTION for Leave to file Brief of Amici Curiae filed by Amici Curiae Joseph Bick, Joe Goldenson, Kathryn Hampton, Ranit Mishori. Motion set for hearing on 5/11/2020 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Exhibit Brief of Amici Curiae) (Attorney Ahmed I Ibrahim added to party Joseph Bick(pty:am), Attorney Ahmed I Ibrahim added to party Joe Goldenson(pty:am), Attorney Ahmed I Ibrahim added to party Kathryn Hampton(pty:am), Attorney Ahmed I Ibrahim added to party Ranit Mishori(pty:am)) (Ibrahim, Ahmed) |
| Filing 9 REPLY In Support of APPLICATION for Temporary Restraining Order as to Petitioner-Plaintiff's Release #5 filed by Petitioner Paulino De Jesus Vega Rodriguez. (Attachments: #1 Declaration Supplemental Declaration of Jose Luis Garcia, #2 Declaration Supplemental Declaration of Roxanne Gonzalez)(Lai, Anne) |
| Filing 8 STIPULATION for Order Setting Time for Petitioner to File Reply to Respondents' Opposition to Petitioner's Application for Temporary Restraining Order filed by Petitioner Paulino De Jesus Vega Rodriguez. (Attachments: #1 Proposed Order Granting Stipulation)(Lai, Anne) |
| Filing 7 Opposition Opposition re: APPLICATION for Temporary Restraining Order as to Petitioner-Plaintiff's Release #5 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: #1 Declaration of Michael Cerulli, #2 Declaration of Gabriel Valdez)(Attorney Sarah M S Quist added to party Matthew T. Albence(pty:res), Attorney Sarah M S Quist added to party James Janecka(pty:res), Attorney Sarah M S Quist added to party David Marin(pty:res), Attorney Sarah M S Quist added to party Chad F. Wolf(pty:res))(Quist, Sarah) |
| Filing 6 MINUTE IN CHAMBERS NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Courtroom No. 9B. Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5pm on Monday, April 6, 2020. See order for further details. (shb) |
| Filing 5 APPLICATION for Temporary Restraining Order as to Petitioner-Plaintiff's Release filed by Petitioner Paulino De Jesus Vega Rodriguez. (Attachments: #1 Declaration of Jose Luis Garcia, #2 Declaration of Roxanne Gonzalez, #3 Declaration of Dr. Chelsea Neumann, #4 Proposed Order Granting Temporary Restraining Order, #5 Proposed Order to Show Cause) (Lai, Anne) |
| Filing 4 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Terry J. Hatter, Jr and referred to Magistrate Judge Karen L. Stevenson, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car) |
| Filing 3 NOTICE of Interested Parties filed by Petitioner Paulino De Jesus Vega Rodriguez, (Lai, Anne) |
| Filing 2 CIVIL COVER SHEET filed by Petitioner Paulino De Jesus Vega Rodriguez. (Lai, Anne) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-25962027 for $5 filing fee, filed by Petitioner Paulino De Jesus Vega Rodriguez. (Attorney Anne Lai added to party Paulino De Jesus Vega Rodriguez(pty:pet))(Lai, Anne) |
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