Neria Alvarez et al v. Sessions et al
| Norberto Neria Alvarez, Patricio Espinoza Velasco, Mario Ixchop Perez, Miguel Villalobos Cruz, Adrian Boc Peinado, Andres Hernandez Monterrosa, Raul Constancio Solis, Fernando Dzip Xiu, Jeffrey Bonilla Maradiaga and Henrietta Elisabeth Sharp |
| Acting Director Ronald D. Vitiello, Jefferson B. Sessions, III, Erik Bonnar and Kirstjen Nielson |
| 5:2018cv05208 |
| August 24, 2018 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on September 21, 2018. A more recent docket listing may be available from PACER.
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| Filing 20 Transcript of Proceedings held on 08/31/2018, before Judge Davila. Court Reporter Irene L. Rodriguez, email address Irene_Rodriguez@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 12/20/2018. (Rodriguez, Irene) (Filed on 9/21/2018) |
| Filing 19 TRANSCRIPT ORDER for proceedings held on 08/31/2018 before Judge Edward J. Davila by Raul Constancio Solis, Fernando Dzip Xiu, Patricio Espinoza Velasco, Andres Hernandez Monterrosa, Mario Ixchop Perez, Jeffrey Bonilla Maradiaga, Norberto Neria Alvarez, for Court Reporter Irene Rodriguez. (Ugarte, Francisco) (Filed on 9/11/2018) |
Filing 18
ORDER DISMISSING CASE. This action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. All other matters are TERMINATED, and the Clerk shall close this file. Signed by Judge Edward J. Davila on 8/31/2018. (ejdlc1S, COURT STAFF) (Filed on 8/31/2018)
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| Filing 17 Minute Entry for proceedings held before Judge Edward J. Davila: Motion Hearing re #3 Motion for Temporary Restraining Order (Immigration) filed by Adrian Boc Peinado, Mario Ixchop Perez, Raul Constancio Solis, Miguel Villalobos Cruz, Fernando Dzip Xiu, Patricio Espinoza Velasco, Andres Hernandez Monterrosa, Norberto Neria Alvarez held on 8/31/2018. Court heard oral argument and took the matter under submission. Court to issue the order. Plaintiff Attorney: Francisco Ugarte, Jennifer Friedman,Araceli Martinez-Olguin. Defendant Attorney: Claire Cormier. Total Time in Court:1:36-3:00pm(1Hr.24Mins.) Court Reporter: Irene Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Date Filed: 8/31/2018) |
| Filing 16 Declaration of Hubbard in Support of #15 Opposition/Response to Motion, (Hubbard Decl re Alvarez) filed byErik Bonnar, Kirstjen Nielson, Jefferson B. Sessions, III, Ronald D. Vitiello. (Attachments: #1 Declaration Hubbard Decl re Perez, #2 Declaration Olympia Decl re Xiu, #3 Declaration Olympia Decl re Morales, #4 Declaration Solis Decl re Bonilla, #5 Declaration Choi Decl re Solis, #6 Declaration Solis Decl re Espinoza, #7 Declaration Morris Decl re Villalobos, #8 Declaration Choi Decl re Sharp, #9 Declaration Solis Decl re Hernandez)(Related document(s) #15 ) (Cormier, Claire) (Filed on 8/29/2018) |
| Filing 15 OPPOSITION/RESPONSE (re #3 MOTION for Temporary Restraining Order (Immigration) ) filed byErik Bonnar, Kirstjen Nielson, Jefferson B. Sessions, III, Ronald D. Vitiello. (Attachments: #1 Declaration of April Jacques)(Cormier, Claire) (Filed on 8/29/2018) |
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Filing 14
ORDER granting #13 Stipulation and Protective Order. Signed by Judge Edward J. Davila on 8/29/2018. (ejdlc1S, COURT STAFF) (Filed on 8/29/2018)
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| Filing 13 STIPULATION WITH PROPOSED ORDER Protective Order filed by Erik Bonnar, Kirstjen Nielson, Jefferson B. Sessions, III, Ronald D. Vitiello. (Cormier, Claire) (Filed on 8/29/2018) |
| Filing 12 NOTICE of Appearance by Jennifer Taylor Friedman (Friedman, Jennifer) (Filed on 8/28/2018) |
| Filing 11 NOTICE of Appearance by Araceli Martinez-Olguin for PETITIONERS (Martinez-Olguin, Araceli) (Filed on 8/27/2018) |
| Filing 10 CERTIFICATE OF SERVICE by Adrian Boc Peinado, Raul Constancio Solis, Fernando Dzip Xiu, Patricio Espinoza Velasco, Andres Hernandez Monterrosa, Mario Ixchop Perez, Norberto Neria Alvarez, Miguel Villalobos Cruz (Ugarte, Francisco) (Filed on 8/27/2018) |
| Filing 9 NOTICE of Appearance by Claire T. Cormier (Cormier, Claire) (Filed on 8/24/2018) |
| Filing 8 Summons Issued as to Erik Bonnar, Kirstjen Nielson, Jefferson B. Sessions, III, Ronald D. Vitiello, U.S. Attorney and U.S. Attorney General (cv, COURT STAFF) (Filed on 8/24/2018) |
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Filing 7
ORDER RE: #3 PETITIONERS' MOTION FOR TEMPORARY RESTRAINING ORDER. A hearing on the Motion for Temporary Restraining Order is scheduled before the undersigned for 1:30 p.m. on 8/31/2018. SEE ORDER FOR FURTHER SERVICE AND BRIEFING REQUIREMENTS. Signed by Judge Edward J. Davila on 8/24/2018. (ejdlc1S, COURT STAFF) (Filed on 8/24/2018)
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Filing 6
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings. Magistrate Judge Maria-Elena James no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 8/24/18. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 8/24/2018)
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| Filing 5 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. (tmiS, COURT STAFF) (Filed on 8/24/2018) |
| Filing 4 Case assigned to Magistrate Judge Maria-Elena James. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/7/2018. (as, COURT STAFF) (Filed on 8/24/2018) |
| Filing 3 MOTION for Temporary Restraining Order (Immigration) filed by Adrian Boc Peinado, Raul Constancio Solis, Fernando Dzip Xiu, Patricio Espinoza Velasco, Andres Hernandez Monterrosa, Mario Ixchop Perez, Norberto Neria Alvarez, Miguel Villalobos Cruz. (Attachments: #1 Proposed Order)(Ugarte, Francisco) (Filed on 8/24/2018) |
| Filing 2 Proposed Summons. (Ugarte, Francisco) (Filed on 8/24/2018) |
| Filing 1 PETITION for Writ of Habeas Corpus (Immigration) ( Filing fee $ 5.00 receipt number 0971-12624159.). Filed byMario Ixchop Perez, Patricio Espinoza Velasco, Adrian Boc Peinado, Raul Constancio Solis, Miguel Villalobos Cruz, Fernando Dzip Xiu, Andres Hernandez Monterrosa, Norberto Neria Alvarez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Civil Cover Sheet)(Ugarte, Francisco) (Filed on 8/24/2018) |
| ***Set/Reset Deadlines per ECF #7 Order as to #3 Motion for Temporary Restraining Order (Immigration). Petitioner Certificate of Service Re Completion of Service due 8/27/2018 by 4pm. Opposition due by 8/29/2018 by 12:00 p.m. Motion for TRO Hearing set for 8/31/2018 01:30 PM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (amkS, COURT STAFF) (Filed on 8/24/2018) |
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