Nwana Elvira Eyere et al v. Chad F. Wolf et al
| Nwana Elvira Eyere, Maria De Los Angeles Santibanez Bravo Lepe, Agustina Pineda Ortuno and Wendy Lizette Ordonez |
| David Marin, James Janecka, Matthew T. Albence and Chad F. Wolf |
| 5:2020cv00700 |
| April 4, 2020 |
| US District Court for the Central District of California |
| Maria A Audero |
| Terry J Hatter |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
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Filing 23
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 22
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 21
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 9, 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 23, 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 7, 2020. (shb)
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| Filing 20 REPLY filed by Petitioner Nwana Elvira Eyere to Response, #18 (Attachments: #1 Supplemental Declaration of Nwana Elvira Eyere, #2 Supplemental Declaration of Maria De Los Angeles Santibanez Bravo Lepe, #3 Supplemental Declaration of Wendy Lizette Ordonez, #4 Supplemental Declaration of Agustina Pineda Ortuno, #5 Supplemental Declaration of Parveen Pamar, M.D., M.P.H.)(Gonell, Carrie) |
| Filing 19 DECLARATION of GABRIEL VALDEZ re Response, #18 (Valdez Supplemental Declaration dated April 18, 2020) filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Axe, Jason) |
| Filing 18 RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolfto Temporary Restraining Order,,,, Set/Reset Deadlines,,, #17 (Opposition to Request for Preliminary Injunction) (Attachments: #1 Declaration (Valdez), #2 Declaration (Quevedo))(Axe, Jason) |
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Filing 17
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE, #5 by Judge Terry J. Hatter, Jr: IT IS ORDERED that the application for a temporary restraining order is GRANTED. IT IS FURTHER ORDERED that Respondents shall, by 5:00 p.m. on April 10, 2020 release Petitioner Nawana Elvira Eyere from custody pending further order of the Court. IT IS FURTHER ORDERED Petitioner shall not violate any federal, state or local laws after release from custody pursuant to this order. IT IS FURTHER ORDERED that Respondents shall show cause if they hav any as to why the Court should not issue a preliminary injunction in this case. Respondents' response, if any, to Respondents' response be filed by Noon on April 17, 2020. Petitioner's reply, if any, to Respondents' shall be filed by Noon on April 22, 2020. The matter will then stand submitted. (shb)
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| Filing 16 DECLARATION of Carrie A. Gonell re Minutes of In Chambers Order/Directive - no proceeding held,, #15 filed by Petitioner Nwana Elvira Eyere. (Gonell, Carrie) |
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Filing 15
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, or counsel, shall file, as soon as possible, a supplemental declaration setting forth the address of where Petitioner would reside, with whom Petitioner would reside, and how Petitioner would be transported to that residence, if the Court grants the requested relief. After filing, a copy of the declaration shall be emailed to TJH_chambers@cacd.uscourts.gov. (shb)
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Filing 14
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Terry J. Hatter, Jr: GRANTING #11 Non-Resident Attorney Patricia A. Stottlemyer APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, designating Carrie A. Gonell as local counsel. (Thrasher, Lupe)
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| Filing 13 MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order #5 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: #1 Declaration (Valdez), #2 Declaration (Quevedo))(Axe, Jason) |
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Filing 12
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 claims of Petitioners Lepe, Ordonez and Ortuno are dismissed without prejudice. Each Adelanto-related habeas petition shall be limited to a single petitioner, unless filed as a class action. If Lepe, Ordonez and Ortuno file separate petitions and motions for temporary restraining orders by noon on April 7, 2020, and if the petitions and motions are identical to the petition and motion filed in this case, then the Governments oppositions to the new motions for temporary restraining orders will remain due by 5:00 p.m. on April 7, 2020. (shb)
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| Filing 11 APPLICATION of Non-Resident Attorney Patricia A. Stottlemyer to Appear Pro Hac Vice on behalf of Petitioners Nwana Elvira Eyere, Wendy Lizette Ordonez, Agustina Pineda Ortuno, Maria De Los Angeles Santibanez Bravo Lepe (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25985074) filed by Plaintiffs Nwana Elvira Eyere, Wendy Lizette Ordonez, Agustina Pineda Ortuno, Maria De Los Angeles Santibanez Bravo Lepe. (Attachments: #1 Proposed Order) (Gonell, Carrie) |
| Filing 10 MINUTE ORDER 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 5 pm, Tuesday, April 7, 2020. (shb) |
| Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Jason K Axe counsel for Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Adding Jason K. Axe as counsel of record for Chad F. Wolf, Matthew T. Albence, David Marin, James Janecka for the reason indicated in the G-123 Notice. Filed by Respondents Chad F. Wolf, Matthew T. Albence, David Marin, James Janecka. (Attorney Jason K Axe added to party Matthew T. Albence(pty:res), Attorney Jason K Axe added to party James Janecka(pty:res), Attorney Jason K Axe added to party David Marin(pty:res), Attorney Jason K Axe added to party Chad F. Wolf(pty:res))(Axe, Jason) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Patricia Stottlemyer on behalf of Petitioners. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) |
| Filing 7 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 Maria A. Audero, 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. (et) |
| Filing 6 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Eastern Division. Case has been assigned to Judge Terry J. Hatter, Jr for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Maria A. Audero. New Case Number 5:20-cv-00700-TJH (MAA). (et) |
| Filing 5 EX PARTE APPLICATION for Temporary Restraining Order filed by Petitioners-Plaintiffs Nwana Elvira Eyere, Wendy Lizette Ordonez, Agustina Pineda Ortuno, Maria De Los Angeles Santibanez Bravo Lepe. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Nancy Nguyen, #3 Declaration of Parveen Parmar, M.D., M.P.H., #4 Declaration of Dr. Craig W. Haney, PHD, #5 Declaration of Agustina Pineda Ortuno, #6 Declaration of Angeles Lepe, #7 Declaration of Nwana Elvira Eyere, #8 Declaration of Wendy Lizette Ordonez, #9 Proposed Order) (Nguyen, Nancy) |
| Filing 4 NOTICE of Related Case(s) filed by Plaintiffs-Petitioners Nwana Elvira Eyere, Wendy Lizette Ordonez, Agustina Pineda Ortuno, Maria De Los Angeles Santibanez Bravo Lepe. Related Case(s): 5:20-cv-00605-TJH-AFM, :20-cv- 00617-TJH-KS, 5:20-cv- 00627-TJH-GJS (Nguyen, Nancy) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiffs-Petitioners Nwana Elvira Eyere, Wendy Lizette Ordonez, Agustina Pineda Ortuno, Maria De Los Angeles Santibanez Bravo Lepe, (Nguyen, Nancy) |
| Filing 2 CIVIL COVER SHEET filed by Petitioners Nwana Elvira Eyere, Wendy Lizette Ordonez, Agustina Pineda Ortuno, Maria De Los Angeles Santibanez Bravo Lepe. (Nguyen, Nancy) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-25972077 for $5 filing fee, filed by Petitioner-Plaintiff Wendy Lizette Ordonez, Maria De Los Angeles Santibanez Bravo Lepe, Nwana Elvira Eyere, Agustina Pineda Ortuno. (Attorney Nancy My Ngoc Nguyen added to party Nwana Elvira Eyere(pty:pet), Attorney Nancy My Ngoc Nguyen added to party Wendy Lizette Ordonez(pty:pet), Attorney Nancy My Ngoc Nguyen added to party Agustina Pineda Ortuno(pty:pet), Attorney Nancy My Ngoc Nguyen added to party Maria De Los Angeles Santibanez Bravo Lepe(pty:pet))(Nguyen, Nancy) |
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