Cecilio Castelo-Sikat v. Chad T. Wolf et al
| Cecilio Castelo-Sikat |
| David A. Marin, Matthew T. Albence, James Janecka and Chad T. Wolf |
| 5:2020cv00856 |
| April 21, 2020 |
| US District Court for the Central District of California |
| John D Early |
| Terry J Hatter |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 10
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 9
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 8 OPPOSITION to APPLICATION for Temporary Restraining Order as to contiue detention APPLICATION for Order to Show Cause re: why release should not issue #3 filed by Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad T. Wolf. (Attachments: #1 Exhibit A - Declaration of Gabriel Valdez, #2 Exhibit B - Declaration of Juan Gutierrez, #3 Exhibit Evidentiary Objections)(Darrow, Joseph) |
| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Anton Darrow counsel for Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad T. Wolf. Adding Joseph Anton Darrow as counsel of record for Chad T. Wolf; Matthew T. Albence; David A. Marin; James Janecka for the reason indicated in the G-123 Notice. Filed by Respondents Chad T. Wolf; Matthew T. Albence; David A. Marin; James Janecka. (Attorney Joseph Anton Darrow added to party Matthew T. Albence(pty:res), Attorney Joseph Anton Darrow added to party James Janecka(pty:res), Attorney Joseph Anton Darrow added to party David A. Marin(pty:res), Attorney Joseph Anton Darrow added to party Chad T. Wolf(pty:res))(Darrow, Joseph) |
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Filing 6
ORDER by Judge Terry J. Hatter, Jr: GRANTING #2 EX PARTE APPLICATION for Appointment of Counsel Appointed Adam Olin for Cecilio Castelo-Sikat. (shb)
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| Filing 5 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 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 John D. Early, 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. (esa) |
| Filing 3 APPLICATION for Temporary Restraining Order; MEMORANDUM of Points and Authorities filed by petitioner Cecilio Castelo-Sikat. (Attachments: #1 lodged prop TRO, #2 lodged prop OSC) (esa) |
| Filing 2 EX PARTE APPLICATION for Appointment of Counsel filed by petitioner Cecilio Castelo-Sikat. (Attachments: #1 proposed order) (esa) |
| 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 John D. Early, (Filing fee $ 5 paid), filed by petitioner Cecilio Castelo-Sikat. (esa) |
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