Daniel Alejandro Cardenas Leal v. Chad T. Wolf, et al
| Daniel Alejandro Cardenas Leal |
| Chad T. Wolf, Matthew T. Albence and David A. Marin |
| James Janecka and Gabriel Valdez |
| 5:2020cv00858 |
| April 21, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| John E McDermott |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
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Filing 17
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 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Decision by other Court #15 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. A separate motion/request to lift stay and proposed order must be filed 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 15 NOTICE of Decision: and Request for Adjudication filed by Petitioner Daniel Alejandro Cardenas Leal. (O'Connor, William) |
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Filing 14
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 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123),, #10 . The following error(s) was/were found: Notice of Appearance or Withdrawal of Counsel erroneously indicates that at least one member of the Bar of this Court will continue to serve as counsel of record for the party or parties indicated. 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. (ak) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #8 . The following error(s) was/were found: Docket text incomplete; missing name of event and text content. 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. (ak) |
| Filing 11 NOTICE of Anticipated Stay and Reservation of Rights filed by Petitioner Daniel Alejandro Cardenas Leal. (Motlagh, Jasmin) |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Jimenez Barragan counsel for Respondents Matthew T. Albence, James Janecka, David A. Marin, Gabriel Valdez, Chad T. Wolf. Matthew J. Barragan will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Matthew J. Barragan is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Respondents Chad T. Wolf, David A. Marin, Gabriel Valdez, Matthew T. Albence, and James Janecka. (Attorney Matthew Jimenez Barragan added to party Gabriel Valdez(pty:res))(Barragan, Matthew) |
| Filing 9 OPPOSITION Application for Temporary Restraining Order filed by Respondent Chad T. Wolf. (Attachments: #1 Exhibit Declarations, Board & IJ dec., FBI rap sheet)(Clay, Sharon) |
| Filing 8 (Attorney Sharon Michele Clay added to party Chad T. Wolf(pty:res))(Clay, Sharon) |
| Filing 7 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 23, 2020. See order for further details. (shb) |
| Filing 6 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Jimenez Barragan counsel for Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad T. Wolf. Adding Matthew J. Barragan as counsel of record for Chad F. Wolf, Matthew T. Albence, David A. Marin, and James Janecka for the reason indicated in the G-123 Notice. Filed by Respondents Chad F. Wolf, Matthew T. Albence, David A. Marin, and James Janecka. (Attorney Matthew Jimenez Barragan added to party Matthew T. Albence(pty:res), Attorney Matthew Jimenez Barragan added to party James Janecka(pty:res), Attorney Matthew Jimenez Barragan added to party David A. Marin(pty:res), Attorney Matthew Jimenez Barragan added to party Chad T. Wolf(pty:res))(Barragan, Matthew) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): There is no record of the fee being paid. Please submit payment or Request to Proceed without payment of filing fees. SEE ATTACHED. (Attachments: #1 CV 111, #2 CV60P) (esa) |
| 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 E. McDermott, 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 FEE PAID for new civil case. Receipt No. ACACDC-26178494 for $5 filing fee. (Motlagh, Jasmin) |
| Filing 3 APPLICATION to file document portions of Petition for Writ of Habeas Corpus, Declaration of Jasmin F. Motlagh in Support of Writ and Exhibits A & B attached thereto, Notice of Application for Temporary Restraining Order, and Declaration of Jasmin F. Motlagh in Support of Application for Leave to File Under Seal under seal filed by Plaintiff Daniel Alejandro Cardenas Leal. (Attachments: #1 Proposed Order Granting Petitioner's Application for Leave to File Under Seal)(Motlagh, Jasmin) |
| Filing 2 APPLICATION for Temporary Restraining Order as to COVID 19 Habeas Petition filed by Petitioner Daniel Alejandro Cardenas Leal. (Attachments: #1 Proposed Order to Show Cause, #2 Proposed Order Granting Ex Parte Motion for Temporary Restraining Order) (Motlagh, Jasmin) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Petitioner Daniel Alejandro Cardenas Leal. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Jasmin F. Motlagh in Support of Petitioner's Petition for Writ of Habeas Corpus, #3 Exhibit A & B to Declaration of Jasmin F. Motlagh, #4 Declaration of Dr. Brie Romines, #5 Declaration of Dr. Jaimie Meyer, #6 Declaration of Gwen Mitchell, et al.) (Attorney Jasmin F Motlagh added to party Daniel Alejandro Cardenas Leal(pty:pla)) (Motlagh, Jasmin) |
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