Clement Taiwo Babatunde v. Chad T. Wolf
| Clement Taiwo Babatunde |
| Matthew T Albence, David A. Marin, James Janecka and Chad T. Wolf |
| 5:2020cv00791 |
| April 15, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Autumn D Spaeth |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
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Filing 14
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 PAGE ATTACHMENT. (mrgo)
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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 REPLY Support EX PARTE APPLICATION for Temporary Restraining Order as to Release from immigration custody and release from the Adelanto ICE Processing Center #2 filed by Petitioner Clement Taiwo Babatunde. (Hong, Kari) |
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Filing 11
SEALED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. (shb)
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| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Giovanni DiMaggio counsel for Respondents Matthew T Albence, James Janecka, David A. Marin, Chad T. Wolf. Adding Giovanni B. Di Maggio as counsel of record for Respondents for the reason indicated in the G-123 Notice. Filed by Respondent Chad T. Wolf, et al.. (DiMaggio, Giovanni) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, #7 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Notices - select - Notice of Appearance or Withdrawal of Counsel (G-123). 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 8 OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to Release from immigration custody and release from the Adelanto ICE Processing Center #2 filed by Respondents Matthew T Albence, James Janecka, David A. Marin, Chad T. Wolf. (DiMaggio, Giovanni) |
| Filing 7 NOTICE of Appearance filed by attorney Giovanni DiMaggio on behalf of Respondents Matthew T Albence, James Janecka, David A. Marin, Chad T. Wolf (Attorney Giovanni DiMaggio added to party Matthew T Albence(pty:res), Attorney Giovanni DiMaggio added to party James Janecka(pty:res), Attorney Giovanni DiMaggio added to party David A. Marin(pty:res), Attorney Giovanni DiMaggio added to party Chad T. Wolf(pty:res))(DiMaggio, Giovanni) |
| Filing 6 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 17, 2020. (shb) |
| Filing 5 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 Autumn D. Spaeth, 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 4 NOTICE OF LODGING filed [Proposed] Temporary Restraining Order for Forthwith Release re EX PARTE APPLICATION for Temporary Restraining Order as to Release from immigration custody and release from the Adelanto ICE Processing Center #2 (Hong, Kari) |
| Filing 3 NOTICE OF LODGING filed [Proposed] Order to Show Cause re Petition for Writ of Habeas Corpus,,, #1 (Hong, Kari) |
| Filing 2 EX PARTE APPLICATION for Temporary Restraining Order as to Release from immigration custody and release from the Adelanto ICE Processing Center filed by Petitioner Clement Taiwo Babatunde. (Attachments: #1 Exhibit Exhibit A, Dr. Homer Venters, #2 Exhibit Exhibit B, Dr. Carlos Franco-Paredes, #3 Exhibit Exhibit C, Dr. Jaimie Meyer, #4 Exhibit Exhibit D, Dr. Ranit Mishori, #5 Exhibit Exhibit E, CDC Guidance, #6 Exhibit Exhibit F, Amicus Brief Public Health Experts, #7 Exhibit Exhibit G, Dr. Arline T. Geronimus, #8 Exhibit Exhibit H, Clement Babatunde, #9 Exhibit Exhibit I, Paul Olusola Babatunde, #10 Exhibit Exhibit J, Luciana Evangelista) (Hong, Kari) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26105413 for $5 filing fee, filed by Petitioner Clement Taiwo Babatunde. (Attachments: #1 Exhibit Exhibit A Dr Homer Venters Declaration, #2 Exhibit Exhibit B Dr Carlos Franco-Paredes, #3 Exhibit Exhibit C Dr. Jaimie Meyer Declaration, #4 Exhibit Exhibit D Dr. Ranit Mishori Declaration, #5 Exhibit Exhibit E CDC Guidance, #6 Exhibit Exhibit F Amicus Brief of Public Health Experts, #7 Exhibit Exhibit G Dr. Arline T Geronimus Declartion, #8 Exhibit Exhibit H Clement Babatunde Declaration, #9 Exhibit Exhibit I Paul Olusola Babatunde, #10 Exhibit Exhibit J Luciana Evangelisa Declaration, #11 Civil Cover Sheet Civil Cover Sheet) (Attorney Kari Elisabeth Hong added to party Clement Taiwo Babatunde(pty:pet))(Hong, Kari) |
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