Jesus Garcia Monarrez v. Chad T. Wolf et al
| Jesus Garcia Monarrez |
| David A. Marin, Matthew T. Albence, James Janecka and Chad T. Wolf |
| 5:2020cv00732 |
| April 9, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Kenly Kiya Kato |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 16
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 15
STAY ORDER by Judge Terry J. Hatter, Jr.: It is Ordered 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. It is further Ordered that pending a final resolution of Roman, this case be, and hereby is, Stayed. (shb)
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| Filing 14 REPLY In support of APPLICATION for Temporary Restraining Order as to and order for FORTHWITH RELEASE #3 filed by Petitioner Jesus Garcia Monarrez. (Attachments: #1 Exhibit)(Uyeda, Jennifer) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #11 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select Responses, Replies and Other Motion Related Documents - select - Reply Motion Related. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
| Filing 12 RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad T. Wolfto Order on Motion for Temporary Restraining Order,,,, #10 (Attachments: #1 Declaration G. Valdez)(Han, Chung) |
| Filing 11 Reply in Support of Petition for Preliminary Injunction filed by Petitioner Jesus Garcia Monarrez re: APPLICATION for Temporary Restraining Order as to and order for FORTHWITH RELEASE #3 (Uyeda, Jennifer) |
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Filing 10
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. granting #3 APPLICATION for TRO: Based on the incorporated factual and legal grounds, and the facts and arguments presented, here, 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 15, 2020, release Petitioner Jesus Garcia Monarrez 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 21, 2020. Petitioner's reply, if any, to Respondents' response shall be filed by Noon on April 24, 2020. The matter will then stand submitted. (bm)
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| Filing 9 REPLY In support of APPLICATION for Temporary Restraining Order as to and order for FORTHWITH RELEASE #3 filed by Petitioner Jesus Garcia Monarrez. (Attachments: #1 Exhibit A)(Uyeda, Jennifer) |
| Filing 8 OPPOSITION to Petitioner's Application for Temporary Restraining Order in Opposition to re: APPLICATION for Temporary Restraining Order as to and order for FORTHWITH RELEASE #3 Memorandum of Points and Authorities filed by Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad T. Wolf. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Abraham Hernandez)(Han, Chung) |
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Filing 7
ORDER FOR APPOINTMENT OF COUNSEL, #2 by Judge Terry J. Hatter, Jr: Granting #2 EX PARTE APPLICATION for Appointment of Counsel Appointed Jennifer J Uyeda for Jesus Garcia Monarrez. (shb)
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| Filing 6 Notice of Appearance or Withdrawal of Counsel: for attorney Chung Hae Han counsel for Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad T. Wolf. Adding Chung H. Han as counsel of record for Chad T. Wolf, Matthew T. Albence, David A. Marin, James Janeka, all in their official capacities for the reason indicated in the G-123 Notice. Filed by respondents Chad T. Wolf, Matthew T. Albence, David A. Marin, James Janeka, all in their official capacities. (Attorney Chung Hae Han added to party Matthew T. Albence(pty:res), Attorney Chung Hae Han added to party James Janecka(pty:res), Attorney Chung Hae Han added to party David A. Marin(pty:res), Attorney Chung Hae Han added to party Chad T. Wolf(pty:res))(Han, Chung) |
| Filing 5 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, April 13, 2020. See order for further details. (shb) |
| 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 Kenly Kiya Kato, 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. (jtil) |
| Filing 3 APPLICATION for Temporary Restraining Order as to and ORDER FOR FORTHWITH RELEASE filed by Petitioner Jesus Garcia Monarrez. (Attachments: #1 Lodged Proposed Order) (jtil) |
| Filing 2 EX PARTE APPLICATION for Appointment of Counsel filed by Petitioner Jesus Garcia Monarrez. (Attachments: #1 Lodged Proposed Order) (jtil) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241), filed by Petitioner Jesus Garcia Monarrez. Case assigned to Judge Terry J. Hatter, Jr and referred to Magistrate Judge Kenly Kiya Kato. (Filing fee $ 5 Paid.) (jtil) |
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