Jose Marcos Gonzales Tapete v. Chad T. Wolf et al
| Jose Marcos Gonzales Tapete |
| David A. Marin, Matthew T. Albence, James Janecka and Chad T. Wolf |
| 5:2020cv00853 |
| April 21, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Alicia G Rosenberg |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
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Filing 11
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 10
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 9 REPLY in Support of APPLICATION for Temporary Restraining Order APPLICATION for Order to Show Cause #2 filed by Petitioner Jose Marcos Gonzales Tapete. (Attachments: #1 Exhibit D)(Harbaugh, Craig) |
| Filing 8 OPPOSITION to 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 Proposed Order Proposed Order Denying Motion)(Conway, Kevin) |
| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Kevin J Conway counsel for Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad T. Wolf. Adding Kevin J. Conway as counsel of record for Chad T. Wolf, et al. for the reason indicated in the G-123 Notice. Filed by Respondents Kevin J. Conway. (Attorney Kevin J Conway added to party Matthew T. Albence(pty:res), Attorney Kevin J Conway added to party James Janecka(pty:res), Attorney Kevin J Conway added to party David A. Marin(pty:res), Attorney Kevin J Conway added to party Chad T. Wolf(pty:res))(Conway, Kevin) |
| 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. (B. 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) |
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Filing 5
ORDER by Judge Terry J. Hatter, Jr: GRANTING #3 EX PARTE APPLICATION for Appointment of Counsel Appointed Craig A Harbaugh for Jose Marcos Gonzales Tapete (shb)
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| 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. (ghap) |
| Filing 3 EX PARTE APPLICATION for Order Appointing Federal Public Defender; Memorandum of Points and Authorities and Declaration of Counsel; Exhibit, filed by Federal Public Defender on behalf of petitioner Jose Marcos Gonzales Tapete. (Attachments: #1 Lodged Proposed Order for Appointment of Counsel) (ghap) |
| Filing 2 APPLICATION for Temporary Restraining Order: Memorandum of Points and Authorities; Proposed Temporary Restraining Order; Proposed Order to Show Cause, filed by Federal Public Defender on behalf of petitioner Jose Marcos Gonzales Tapete. (Attachments: #1 Lodged Proposed Order for Temporary Restraining Order and Order for Forthwith Release, #2 Lodged Proposed Order to Show Cause) (ghap) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Terry J. Hatter, Jr and referred to Magistrate Judge Alicia G. Rosenberg.(Filing fee $ 5: FEE PAID), filed by petitioner Jose Marcos Gonzales Tapete. (ghap) Modified on 4/21/2020 (ghap). |
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