Maria Legarda-Bugarin v. David A. Marin et al
| Maria Legarda-Bugarin |
| Matthew T. Albence, David A. Marin, of DHS Chad F. Wolf and James Janecka |
| 5:2020cv00760 |
| April 13, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Jean P Rosenbluth |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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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 PROOF OF SERVICE Executed by Petitioner Maria Legarda-Bugarin, upon Respondents Matthew T. Albence served on 4/20/2020, answer due 6/19/2020; James Janecka served on 4/20/2020, answer due 6/19/2020; David A. Marin served on 4/20/2020, answer due 6/19/2020; Chad F. Wolf served on 4/20/2020, answer due 6/19/2020. Service of the Summons and Complaint were executed upon the United States Attorneys Office by unspecified means. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney's Office. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Zhao, Jingni) |
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Filing 17
STAY ORDER by Judge Terry J. Hatter, Jr. : Pursuant to the Preliminary Injunction issued in Roman( CV 20-768 TJH (PVCx) as a class action). Petitioner is a member of the provisionally certified class. 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 (lc)
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| Filing 16 OPPOSITION to Order to Show Cause Re. Issuance of Preliminary Injunction filed by Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad F. Wolf. (Attachments: #1 Declaration of Gabriel Valdez Dated April 23, 2020)(Jacobs, Jennifer) |
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Filing 15
SEALED - TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. (jp)
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| Filing 14 DECLARATION of Anoop Prasad filed by Petitioner Maria Legarda-Bugarin. (Prasad, Anoop) |
| Filing 13 REPLY Support Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Immediate Release from Custody #4 filed by Petitioner Maria Legarda-Bugarin. (Attachments: #1 Declaration, #2 Declaration)(Prasad, Anoop) |
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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, Petitioner, or counsel, shall file, as soon as possible, a supplemental declaration setting forth the address of where 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 11 MEMORANDUM in Opposition to Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Immediate Release from Custody #4 filed by Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad F. Wolf. (Attachments: #1 Declaration Michael Cerulli, #2 Declaration Gabriel Valdez)(Jacobs, Jennifer) |
| Filing 10 NOTICE of Errata filed by Petitioner Maria Legarda-Bugarin. (Attachments: #1 Declaration)(Prasad, Anoop) |
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Filing 9
MINUTE ORDER (IN CHAMBERS) -NEW CASE BEFORE JUDGE HATTER by Judge Terry J. Hatter, Jr.: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm, Tuesday, April 14, 2020. IT IS SO ORDERED. (see document for further details) (bm)
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| Filing 8 NOTICE of Appearance filed by attorney Jennifer R Jacobs on behalf of Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad F. Wolf (Attorney Jennifer R Jacobs added to party Matthew T. Albence(pty:res), Attorney Jennifer R Jacobs added to party James Janecka(pty:res), Attorney Jennifer R Jacobs added to party David A. Marin(pty:res), Attorney Jennifer R Jacobs added to party Chad F. Wolf(pty:res))(Jacobs, Jennifer) |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #5 . The following error(s) was found: No summons is required. The AUSA is served electronically by the court. (lh) |
| Filing 6 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 Jean P. Rosenbluth, 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. (lh) |
| Filing 5 Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus, #1 filed by Petitioner Maria Legarda-Bugarin. (Prasad, Anoop) |
| Filing 4 Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Immediate Release from Custody filed by Petitioner Maria Legarda-Bugarin. (Attachments: #1 Declaration Declaration of Anoop Prasad, #2 Exhibit Exhibits to Prasad Decl, #3 Declaration Declaration of Dr. Nhi Tran, #4 Declaration Declaration of Ny Nourn, #5 Proposed Order Proposed Order Granting TRO, #6 Proposed Order Proposed Order to Show Cause) (Prasad, Anoop) |
| Filing 3 NOTICE Notice of Related Cases filed by Petitioner Maria Legarda-Bugarin. (Prasad, Anoop) |
| Filing 2 CIVIL COVER SHEET filed by Petitioner Maria Legarda-Bugarin. (Prasad, Anoop) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26066039 for $5 filing fee, filed by Petitioner Maria Legarda-Bugarin. (Attorney Anoop Prasad added to party Maria Legarda-Bugarin(pty:pet))(Prasad, Anoop) |
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