Vera Fortoh v. Chad T. Wolf et al
| Vera Fortoh |
| David A. Marin, Matthew T. Albence, James Janecka and Chad T. Wolf |
| 5:2020cv00765 |
| April 13, 2020 |
| US District Court for the Central District of California |
| Patricia Donahue |
| Terry J Hatter |
| Alicia G Rosenberg |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 15
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 14
ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 20-067 by Magistrate Judge Paul L. Abrams. Pursuant to the recommended procedure adopted by the Court for the CREATION OF THE CALENDAR of Magistrate Judge Patricia A. Donahue, this case is transferred from the calendar of Magistrate Judge Alicia G. Rosenberg to the calendar of Ms Patricia A Donahue for all further proceedings authorized by statute, local rules and general orders. All documents subsequently filed shall bear this new case designation 5:20-cv-00765 TJH(PD). (rn)
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Filing 13
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 12 RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad T. Wolfto Temporary Restraining Order,,,, Order to Show Cause,,, #10 (Attachments: #1 Supplemental Declaration of Gabriel Valdez)(Kaloustian, Mariam) |
| Filing 11 DECLARATION of Reid Rowe APPLICATION for Temporary Restraining Order APPLICATION for Order to Show Cause #2 filed by Petitioner Vera Fortoh. (Rowe, Richard) |
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Filing 10
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. It is Ordered that the application for a temporary restraining order be, andhereby is, Granted. It is further Ordered that Respondents shall, by 5:00 p.m. on April 17, 2020, release Petitioner Vera Fortoh, pending further order of this Court, if she has not been otherwise released by that time as a result of her bond hearing scheduled for April 17, 2020. It is further Ordered that Petitioner shall not violate any federal, state or local laws after being 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 22, 2020. Petitioners reply, if any, to Respondents response shall be filed by Noon on April 27, 2020. The matter will then stand submitted. (shb)
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Filing 9
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 name of her aunt, and detailed information as to how Petitioner would be transported to Houston if the Court grants the requested relief. If Petition will be driven to Houston in a private vehicle, Petitioner shall provide the name of the driver. After filing, a copy of the declaration shall be emailed to TJH_chambers.cacd.uscourts.gov. (shb)
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| Filing 8 REPLY APPLICATION for Temporary Restraining Order APPLICATION for Order to Show Cause #2 filed by Petitioner Vera Fortoh. (Rowe, Richard) |
| Filing 7 OPPOSITION to Petitioner's Application for Temporary Restraining Order in Opposition to re: APPLICATION for Temporary Restraining Order APPLICATION for Order to Show Cause #2 filed by Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad T. Wolf. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration Kelly J. Bisher)(Attorney Mariam Kaloustian added to party Matthew T. Albence(pty:res), Attorney Mariam Kaloustian added to party James Janecka(pty:res), Attorney Mariam Kaloustian added to party David A. Marin(pty:res), Attorney Mariam Kaloustian added to party Chad T. Wolf(pty:res))(Kaloustian, Mariam) |
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Filing 6
ORDER FOR APPOINTMENT OF COUNSEL, #3 by Judge Terry J. Hatter, Jr: Granting #3 EX PARTE APPLICATION for Appointment of Counsel Appointed Richard Reid Rowe for Vera Fortoh. (shb)
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| Filing 5 MINUTE (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. 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. 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, Additional information about Judge Hatter's procedures and schedules can be found on the court's website at www.cacd.uscourts.gov. All civil motions are taken under submission as of the hearing date and no appearance is needed, unless by order of this Court. L.R. 83-9. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm, Tuesday, April 14, 2020. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp) |
| 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 Alicia G. Rosenberg, 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 EX PARTE APPLICATION FOR ORDER APPOINTING FEDERAL PUBLIC DEFENDER; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF COUNSEL; EXHIBIT filed by Federal Public Defender on behalf of Petitioner Vera Fortoh. (Attachments: #1 Lodged Proposed Order for Appointment of Counsel) (car) |
| Filing 2 APPLICATION FOR TEMPORARY RESTRAINING ORDER; MEMORANDUM OF POINTS AND AUTHORITIES; PROPOSED TEMPORARY RESTRAINING ORDER; PROPOSED ORDER TO SHOW CAUSE Telephonic hearing requested, filed by Petitioner Vera Fortoh. (Attachments: #1 Lodged Proposed Order for TRO, #2 Lodged Proposed Order to Show Cause) (car) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241); Declaration of Counsel; Memorandum of Points and Authorities in Support of Petition for Writ of Habeas Corpus; Exhibit A-E. Case assigned to Judge Terry J. Hatter, Jr and referred to Magistrate Judge Alicia G. Rosenberg.(Filing fee $ 5 FEE PAID), filed by Petitioner Vera Fortoh. (car) |
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