Joaquin Yanez-Montoya v. Chad F. Wolf et al
| Joaquin Yanez-Montoya |
| Chad F. Wolf, Matthew T Albence, David A. Marin and James Janecka |
| 5:2020cv00713 |
| April 7, 2020 |
| US District Court for the Central District of California |
| John D Early |
| Terry J Hatter |
| 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 AM., 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 PAGE ATTACHMENT. (jp)
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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 Notice of Electronic Filing re Notice of Lodging #14 , Response #13 , Minutes of In Chambers Order/Directive - no proceeding held,,, #16 , Reply (Motion related), #15 e-mailed to Julianne B Cramer at jcramer@gibsondunn.com bounced due to Typo in email address. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to cramer@law.ucla.edu. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
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Filing 16
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 15 REPLY in support of preliminary injunction Second Supplemental Declaration of Eagly filed by Petitioner Joaquin Yanez-Montoya. (Attachments: #1 Exhibit K, #2 Exhibit L, #3 Exhibit M, #4 Exhibit N, #5 Exhibit O, #6 Exhibit P)(Eagly, Ingrid) |
| Filing 14 NOTICE OF LODGING filed re Petitioner's Proposed Findings of Facts and Conclusions of Law re Response #13 (Eagly, Ingrid) |
| Filing 13 RESPONSE filed by Respondents Matthew T Albence, James Janecka, David A. Marin, Chad F. Wolfto Temporary Restraining Order,,,, Set/Reset Deadlines,,, #11 (Attachments: #1 Declaration of Gabriel Valdez)(Chen, Margaret) |
| Filing 12 DECLARATION of Dr. Marc Stern filed by Petitioner Joaquin Yanez-Montoya. (Eagly, Ingrid) |
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Filing 11
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE, #2 by Judge Terry J. Hatter, Jr.: It is Ordered that the application for a temporary restraining order be, and hereby is, Granted. It is further Ordered that Respondents shall, by 5:00 p.m. on April 11, 2020, release Petitioner Joaquin Yanez-Montoya from custody pending further order of this Court. It is further Ordered that Petitioner shall not violate any federal, state or local laws, or use or possess alcohol or illegal drugs after released from custody pursuant to this order. It is further Ordered that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents response, if any, to this order to show cause shall be filed by Noon on April 17, 2020. Petitioners reply, if any, to Respondents response shall be filed by Noon on April 22, 2020. The matter will then stand submitted. (shb)
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| Filing 10 REPLY in support of APPLICATION for Temporary Restraining Order as to Petition for Writ of Habeas Corpus as to release from Adelanto Detention Center #2 Supplemental Declaration filed by Petitioner Joaquin Yanez-Montoya. (Attachments: #1 Exhibit Exhibit A)(Eagly, Ingrid) |
| Filing 9 OPPOSITION to re: APPLICATION for Temporary Restraining Order as to Petition for Writ of Habeas Corpus as to release from Adelanto Detention Center #2 filed by Respondents Matthew T Albence, James Janecka, David A. Marin, Chad F. Wolf. (Attachments: #1 Declaration of Abraham Hernandez, #2 Declaration of Gabriel Valdez)(Chen, Margaret) |
| Filing 8 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. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm on Thursday, April 9, 2020. See order for further details. (shb) |
| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Margaret Ming Chen counsel for Respondents Matthew T Albence, James Janecka, David A. Marin, Chad F. Wolf. Adding Margaret M. Chen as counsel of record for Chad F. Wolf, Matthew T. Albence, David A. Marin, James Janecka for the reason indicated in the G-123 Notice. Filed by Respondents Chad F. Wolf, Matthew T. Albence, David A. Marin, James Janecka. (Attorney Margaret Ming Chen added to party Matthew T Albence(pty:res), Attorney Margaret Ming Chen added to party James Janecka(pty:res), Attorney Margaret Ming Chen added to party David A. Marin(pty:res), Attorney Margaret Ming Chen added to party Chad F. Wolf(pty:res))(Chen, Margaret) |
| Filing 6 AMENDED CIVIL COVER SHEET filed by Petitioner Joaquin Yanez-Montoya. (Eagly, Ingrid) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition for Writ of Habeas Corpus, #1 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) |
| 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 John D. Early, 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. (ghap) |
| Filing 3 PROOF OF SERVICE filed by Petitioner Joaquin Yanez Montoya, re Petition for Writ of Habeas Corpus,, #1 , APPLICATION for Temporary Restraining Order as to Petition for Writ of Habeas Corpus as to release from Adelanto Detention Center #2 Petition for Writ of Habeas Corpus served on 04/07/2020. (Eagly, Ingrid) |
| Filing 2 APPLICATION for Temporary Restraining Order as to Petition for Writ of Habeas Corpus as to release from Adelanto Detention Center filed by Petitioner Joaquin Yanez Montoya. (Attachments: #1 Proposed Order Granting Temporary Restraining Order, #2 Proposed Order To Show Cause) (Eagly, Ingrid) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26007436 for $5 filing fee, filed by petitioner Joaquin Yanez Montoya. (Attachments: #1 Declaration Declaraion of Counsel, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Declaration Declaration of Vikram Badrinath and Exhibits) (Attorney Ingrid V Eagly added to party Joaquin Yanez Montoya(pty:pet))(Eagly, Ingrid) |
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