Elozona Ogbechie v. Chad F. Wolf et al
| David Marin, James Janecka, Matthew T. Albence and Chad F. Wolf |
| Elozona Ogbechie |
| 5:2020cv00849 |
| April 21, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Autumn D Spaeth |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
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Filing 9
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 8
STAY ORDER by Judge Terry J. Hatter, Jr.: Petitioner is a member of the provisionally certified class in Roman. Accordingly, IT IS ORDERED that pending a final resolution of Roman, this case be, and hereby is, STAYED. (shb)
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| Filing 7 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners Elozona Ogbechie #2 filed by Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: #1 Declaration (Torres), #2 Declaration (Valdez))(Axe, Jason) |
| 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 22, 2020. See order for further details. (shb) |
| Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Jason K Axe counsel for Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Adding Jason K. Axe as counsel of record for CHAD F. WOLF, Acting Secretary, U.S. Department of Homeland Security; MATTHEW T. ALBENCE, Deputy Director and Senior Official Performing the Duties of the Director, U.S. Immigration and Customs Enforcement DAVID MARIN, Director of the Los Angeles Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement; and JAMES JANECKA, Warden, Adelanto ICE PROCESSING CENTER, for the reason indicated in the G-123 Notice. Filed by Respondents CHAD F. WOLF, Acting Secretary, U.S. Department of Homeland Security; MATTHEW T. ALBENCE, Deputy Director and Senior Official Performing the Duties of the Director, U.S. Immigration and Customs Enforcement DAVID MARIN, Director of the Los Angeles Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement; and JAMES JANECKA, Warden, Adelanto ICE PROCESSING CENTER,. (Attorney Jason K Axe added to party Matthew T. Albence(pty:dft), Attorney Jason K Axe added to party James Janecka(pty:dft), Attorney Jason K Axe added to party David Marin(pty:dft), Attorney Jason K Axe added to party Chad F. Wolf(pty:dft))(Axe, Jason) |
| 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 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. (lh) |
| Filing 3 AMENDED CIVIL COVER SHEET filed by Petitioner Elozona Ogbechie. (Behr, Madelaine) |
| Filing 2 First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners Elozona Ogbechie filed by Plaintiff Elozona Ogbechie. Motion set for hearing on 4/22/2020 at 08:30 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order) (Behr, Madelaine) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26161761 for $5 filing fee, filed by Plaintiff Elozona Ogbechie. (Attachments: #1 Affidavit DECLARATION OF ELOZONA OGBECHIE) (Attorney Madelaine Dennisse Behr added to party Elozona Ogbechie(pty:pet))(Behr, Madelaine) |
| CIVIL COVER SHEET filed by Petitioner Elozona Ogbechie. (Behr, Madelaine) |
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