Mendez et al v. U.S. Immigration and Customs Enforcement et al
| Milton Mendez, Guillermo Medina Reyes, Cruz Leandro Martinez Leiva, RHM, EOAR, Pedro Figueroa-Padilla, Jose Ruben Hernandez Gomez, Raymundo Noe Dominguez Vidal and Roberto Carlos Franco Guardado |
| U.S. Immigration and Customs Enforcement, The GEO Group, Inc., Tae D. Johnson, Moises Becerra, Norbal Vazquez and Minga Wofford |
| 3:2023cv00829 |
| February 23, 2023 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Trina L Thompson |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 52 CERTIFICATE OF SERVICE by Raymundo Noe Dominguez Vidal, EOAR, Pedro Figueroa-Padilla, Roberto Carlos Franco Guardado, Jose Ruben Hernandez Gomez, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes re #48 Notice of Voluntary Dismissal, (Norbal Vazquez) (Cho, Michelle) (Filed on 3/30/2023) |
| Filing 51 CERTIFICATE OF SERVICE by Raymundo Noe Dominguez Vidal, EOAR, Pedro Figueroa-Padilla, Roberto Carlos Franco Guardado, Jose Ruben Hernandez Gomez, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes re #48 Notice of Voluntary Dismissal, (Minga Wooford) (Cho, Michelle) (Filed on 3/30/2023) |
| Filing 50 CERTIFICATE OF SERVICE by Raymundo Noe Dominguez Vidal, EOAR, Pedro Figueroa-Padilla, Roberto Carlos Franco Guardado, Jose Ruben Hernandez Gomez, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes re #48 Notice of Voluntary Dismissal, (GEO Group, INC.) (Cho, Michelle) (Filed on 3/30/2023) |
| Filing 49 NOTICE by Moises Becerra, Tae D. Johnson, U.S. Immigration and Customs Enforcement of supplemental information regarding medical records of Named Plaintiff (Dichter, Anna) (Filed on 3/30/2023) |
| Filing 48 NOTICE of Voluntary Dismissal without Prejudice as to The GEO Group, Inc., Norbal Vazquez, and Minga Wofford by Raymundo Noe Dominguez Vidal, EOAR, Pedro Figueroa-Padilla, Roberto Carlos Franco Guardado, Jose Ruben Hernandez Gomez, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes (Cho, Michelle) (Filed on 3/29/2023) |
Filing 47
ORDER GRANTING #46 ADMINISTRATIVE MOTION TO FILE UNDER SEAL INFORMATION ORDERED BY THE COURT. Signed by Judge Trina L. Thompson on 3/17/2023. (rfm, COURT USER) (Filed on 3/17/2023)
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| Filing 46 Administrative Motion to File Under Seal Medical Records of newly transferred detainee filed by Moises Becerra, Tae D. Johnson, U.S. Immigration and Customs Enforcement. (Attachments: #1 Proposed Order, #2 Exhibit Medical Records)(Dichter, Anna) (Filed on 3/17/2023) |
| Filing 45 SUMMONS Returned Executed by Roberto Carlos Franco Guardado, Raymundo Noe Dominguez Vidal, EOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Pedro Figueroa-Padilla, Guillermo Medina Reyes, Jose Ruben Hernandez Gomez, RHM. Norbal Vazquez served on 3/15/2023, answer due 4/5/2023. (Cho, Michelle) (Filed on 3/16/2023) Modified on 3/17/2023 (mcl, COURT STAFF). |
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Filing 44
ORDER DENYING #31 SECOND EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER. Signed by Judge Trina L. Thompson on 3/15/2023. (rfm, COURT USER) (Filed on 3/15/2023)
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| Filing 43 DOCUMENT E-FILED UNDER SEAL re #42 Order on Administrative Motion to File Under Seal Information Ordered Disclosed Under Seal by the Court by Raymundo Noe Dominguez Vidal, EOAR, Pedro Figueroa-Padilla, Roberto Carlos Franco Guardado, Jose Ruben Hernandez Gomez, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes. (Mehta, Aseem) (Filed on 3/15/2023) |
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Filing 42
ORDER GRANTING #41 Administrative Motion to File Under Seal. Signed by Judge Trina L. Thompson on 3/15/2023. (rfm, COURT USER) (Filed on 3/15/2023)
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| Filing 41 Administrative Motion to File Under Seal Information Ordered Disclosed Under Seal by the Court filed by Raymundo Noe Dominguez Vidal, EOAR, Pedro Figueroa-Padilla, Roberto Carlos Franco Guardado, Jose Ruben Hernandez Gomez, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes. (Attachments: #1 Proposed Order, #2 Unredacted Information to be Filed Under Seal)(Mehta, Aseem) (Filed on 3/15/2023) |
| Filing 40 Minute Entry for proceedings held before District Judge Trina L Thompson: Motion Hearing held on 3/14/2023. re #31 MOTION for Temporary Restraining Order filed by EOAR, Guillermo Medina Reyes, RHM, Raymundo Noe Dominguez Vidal, Jose Ruben Hernandez Gomez, Milton Mendez, Cruz Leandro Martinez Leiva, Pedro Figueroa-Padilla, Roberto Carlos Franco Guardado.The motion is argued and submitted. The Court orders:Defendants are to give 24 hour notice to plaintiffs' counsel and the Court of anyone going to be forced feeding or hydration. Defendants are to submit to the Court the medical records of the newly transferred detainee to Mesa Verde within 48 hours of today's order. Plaintiffs' counsel to disclose, under seal, the identities of those plaintiffs identified by initials and of the habeas petitioner forthwith.Written order to be issued. Digital Recording Time: 9:30 AM - 10:40 AM, 10:53 AM - 11:10 AM. Plaintiff Attorney: Aseem Mehta, Michelle Cho, Bree Bernwanger, Roxana Moussavian, Jenny Zhao. Defendant Attorney: Michelle Ramus, Anna Dichter, Sarah Fabian, James Graulich. Attorney Marshall Wallace specially appearing for defendant The GEO Group, Inc. as an observer only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Date Filed: 3/14/2023) |
| Filing 39 CERTIFICATE OF SERVICE re Standing Orders by Raymundo Noe Dominguez Vidal, EOAR, Pedro Figueroa-Padilla, Roberto Carlos Franco Guardado, Jose Ruben Hernandez Gomez, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes (Cho, Michelle) (Filed on 3/14/2023) Modified on 3/14/2023 (mcl, COURT STAFF). |
| Filing 38 Letter from Federal Defendants Exhibit B - Declaration Replacement . (Dichter, Anna) (Filed on 3/13/2023) |
| Filing 37 Letter from Federal Defendants re: Informal Letter Brief in Opposition of Plaintiffs' Motion for a TRO. (Attachments: #1 Exhibit A - Hunger Strike Directive, #2 Exhibit B - Declaration, #3 Exhibit C - Transfer Directive, #4 Exhibit D - Housing Directive)(Ramus, Michelle) (Filed on 3/13/2023) |
| Filing 36 SUMMONS Returned Executed by Roberto Carlos Franco Guardado, Raymundo Noe Dominguez Vidal, EOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Pedro Figueroa-Padilla, Guillermo Medina Reyes, Jose Ruben Hernandez Gomez, RHM. The GEO Group, Inc. served on 3/13/2023, answer due 4/3/2023. (Cho, Michelle) (Filed on 3/13/2023) |
| Filing 35 SUMMONS Returned Executed by Roberto Carlos Franco Guardado, Raymundo Noe Dominguez Vidal, EOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Pedro Figueroa-Padilla, Guillermo Medina Reyes, Jose Ruben Hernandez Gomez, RHM. Minga Wofford served on 3/13/2023, answer due 4/3/2023. (Cho, Michelle) (Filed on 3/13/2023) |
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Filing 34
ORDER GRANTING #33 Motion for Leave to Appear Via Video or Teleconference for March 14, 2023 Hearing at 9:30 AM PT. Signed by Judge Trina L. Thompson on 3/13/2023. (rfm, COURT USER) (Filed on 3/13/2023)
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| Filing 33 MOTION for Leave to Appear Via Video or Teleconference for March 14, 2023 Hearing at 9:30 AM PT filed by Moises Becerra, Tae D. Johnson, U.S. Immigration and Customs Enforcement. (Ramus, Michelle) (Filed on 3/13/2023) |
| Filing 32 CLERK'S NOTICE - SETTING HEARING ON #31 MOTION FOR TEMPORARY RESTRAINING ORDER. Motion for Temporary Restraining Order Hearing set for 3/14/2023 at 9:30 AM in San Francisco, Courtroom 09, 19th Floor before District Judge Trina L Thompson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Filed on 3/13/2023) |
| Filing 31 MOTION for Temporary Restraining Order filed by Raymundo Noe Dominguez Vidal, EOAR, Pedro Figueroa-Padilla, Roberto Carlos Franco Guardado, Jose Ruben Hernandez Gomez, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes. (Attachments: #1 Declaration of Cruz Martinez, #2 Declaration of Genna Beier, #3 Declaration of Katie Kavanagh, #4 Declaration of Raymundo N. Dominguez Vidal, #5 Declaration of Eva Umejido, #6 Declaration of Ilyce Shugall, #7 Declaration of Kelsey Morales, #8 Declaration of L. Felder-Heim, #9 Declaration of Laura Jones, #10 Declaration of R.H.M., #11 Declaration of Michelle (Minju) Y. Cho, #12 First Amended Complaint, #13 Proposed Order)(Cho, Michelle) (Filed on 3/10/2023) |
| Filing 30 AMENDED COMPLAINT against Moises Becerra, Tae D. Johnson, The GEO Group, Inc., U.S. Immigration and Customs Enforcement, Norbal Vazquez, Minga Wofford. Filed byEOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Guillermo Medina Reyes, RHM, Pedro Figueroa-Padilla, Jose Ruben Hernandez Gomez, Raymundo Noe Dominguez Vidal, Roberto Carlos Franco Guardado. (Cho, Michelle) (Filed on 3/10/2023) |
| Filing 29 SUMMONS Returned Executed by EOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Guillermo Medina Reyes, RHM. The GEO Group, Inc. served on 3/9/2023, answer due 3/30/2023. (Cho, Michelle) (Filed on 3/9/2023) |
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Filing 28
ORDER - In light of the allegations in the complaint and in Plaintiffs' TRO that all of the material events occurred outside of this district, the parties should be prepared to discuss at the next hearing why venue is appropriate in this district. See 28 U.S.C. 1404(a) (Under 1404(a), "a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented" for the convenience of parties and witnesses.). Such an order may be entered sua sponte "so long as the parties have the opportunity to present their views on the issue." Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). Signed by Judge Trina L. Thompson on 03/09/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tltlc3, COURT STAFF) (Filed on 3/9/2023)
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Filing 27
ORDER by Judge Trina L. Thompson denying #22 Motion for TRO. (tltlc3, COURT STAFF) (Filed on 3/8/2023)
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Filing 26
ORDER GRANTING #9 ADMINISTRATIVE MOTION TO PROCEED UNDER INITIALS. Signed by Judge Trina L. Thompson on 3/8/2023. (rfm, COURT USER) (Filed on 3/8/2023)
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| Filing 25 CLERKS NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Trina L. Thompson upon reassignment. For a copy of Judge Thompson's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Initial Case Management Conference set for 6/1/2023 at 2:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 5/25/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/trina-l-thompson/General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Filed on 3/8/2023) |
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Filing 24
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to District Judge Trina L Thompson for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by Clerk on 3/8/2023. (ark, COURT STAFF) (Filed on 3/8/2023)
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| Filing 23 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejk, COURT STAFF) (Filed on 3/8/2023) |
| Filing 22 Ex Parte MOTION for Temporary Restraining Order / Plaintiffs' Notice of Motion, Motion and Memorandum of Points and Authorities for Ex Parte Application for Temporary Restraining Order filed by EOAR, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes. (Attachments: #1 Declaration of Eva Umejido, #2 Declaration of Genna Beier, #3 Declaration of Ilyce Shugall, #4 Declaration of Kathleen Kavanagh, #5 Declaration of Kelsey Morales, #6 Declaration of Laura Jones, #7 Declaration of Lee Ann Felder-Heim, #8 Declaration of R.H.M., #9 Declaration of Michelle (Minju) Y. Cho, #10 Complaint, #11 Proposed Order)(Cho, Michelle) (Filed on 3/7/2023) |
| Filing 21 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by EOAR, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes.. (Cho, Michelle) (Filed on 3/7/2023) |
| Filing 20 NOTICE of Appearance by James Cottrell Graulich, III (Graulich, James) (Filed on 3/7/2023) |
| Filing 19 NOTICE of Appearance by Sarah B. Fabian (Fabian, Sarah) (Filed on 3/7/2023) |
| Filing 18 NOTICE of Appearance by Anna Dichter on behalf of U.S. Immigration and Customs Enforcement; Tae D. Johnson, in his official capacity as Acting Director of U.S. Immigration and Customs Enforcement; and Moises Becerra, in their official capacity as the Director of the San Francisco Field Office of U.S. Immigration and Customs Enforcement (Dichter, Anna) (Filed on 3/7/2023) |
| Filing 17 CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/21/2023. (ejk, COURT STAFF) (Filed on 3/7/2023) |
| Filing 16 NOTICE of Appearance by Michelle Marie Ramus on behalf of U.S. Immigration and Customs Enforcement; Tae D. Johnson, in his official capacity as Acting Director of U.S. Immigration and Customs Enforcement; and Moises Becerra, in their official capacity as the Director of the San Francisco Field Office of U.S. Immigration and Customs Enforcement (Ramus, Michelle) (Filed on 3/7/2023) |
| Filing 15 SUMMONS Returned Executed by EOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Guillermo Medina Reyes, RHM. U.S. Immigration and Customs Enforcement served on 2/27/2023, answer due 4/28/2023. (Attachments: #1 Certificate/Proof of Service on U.S. Attorney's Office, #2 Certificate/Proof of Service on Attorney General's Office)(Cho, Michelle) (Filed on 2/28/2023) |
| Filing 14 SUMMONS Returned Executed by EOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Guillermo Medina Reyes, RHM. Tae D. Johnson served on 2/27/2023, answer due 4/28/2023. (Cho, Michelle) (Filed on 2/28/2023) |
| Filing 13 SUMMONS Returned Executed by EOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Guillermo Medina Reyes, RHM. Norbal Vazquez served on 2/27/2023, answer due 3/20/2023. (Cho, Michelle) (Filed on 2/28/2023) |
| Filing 12 SUMMONS Returned Executed by EOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Guillermo Medina Reyes, RHM. Moises Becerra served on 2/27/2023, answer due 4/28/2023. (Cho, Michelle) (Filed on 2/28/2023) |
| Filing 11 SUMMONS Returned Executed by EOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Guillermo Medina Reyes, RHM. Minga Wofford served on 2/27/2023, answer due 3/20/2023. (Cho, Michelle) (Filed on 2/28/2023) |
| Filing 10 SUMMONS Returned Executed by EOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Guillermo Medina Reyes, RHM. The GEO Group, Inc. served on 2/27/2023, answer due 3/20/2023. (Cho, Michelle) (Filed on 2/28/2023) |
| Filing 9 ADMINISTRATIVE MOTION to Proceed Under Initials filed by EOAR, RHM. Responses due by 3/3/2023. (Attachments: #1 Declaration of Michelle (Minju) Y. Cho in Support, #2 Declaration of Trevor David Kosmo in Support, #3 Proposed Order)(Cho, Michelle) (Filed on 2/27/2023) |
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Filing 8
Order by Magistrate Judge Laurel Beeler granting #7 Motion for Pro Hac Vice. Attorney Maura E. Smyles representing Plaintiffs. (ejk, COURT STAFF) (Filed on 2/24/2023)
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| Filing 7 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18019335.) filed by EOAR, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes. (Attachments: #1 Certificate of Good Standing (DC))(Smyles, Maura) (Filed on 2/24/2023) |
| Filing 6 Summons Issued as to Moises Becerra, Tae D. Johnson, The GEO Group, Inc., U.S. Immigration and Customs Enforcement, Norbal Vazquez and Minga Wofford. (mcl, COURT STAFF) (Filed on 2/24/2023) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/18/2023. Initial Case Management Conference set for 5/25/2023 11:00 AM. (mcl, COURT STAFF) (Filed on 2/24/2023) |
| Filing 4 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/10/2023. (as, COURT STAFF) (Filed on 2/24/2023) |
| Filing 3 Certificate of Interested Entities by EOAR, Cruz Leandro Martinez Leiva, Milton Mendez, RHM, Guillermo Medina Reyes (Cho, Michelle) (Filed on 2/23/2023) |
| Filing 2 Proposed Summons. (Cho, Michelle) (Filed on 2/23/2023) |
| Filing 1 COMPLAINT for declaratory and injunctive relief against All Defendants ( Filing fee $ 402, receipt number ACANDC-18017073.). Filed byEOAR, Milton Mendez, Cruz Leandro Martinez Leiva, Guillermo Medina Reyes, RHM. (Attachments: #1 Civil Cover Sheet)(Cho, Michelle) (Filed on 2/23/2023) |
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