Doe et al v. McAleenan et al
Petitioner: Cristian Doe and Diana Doe
Respondent: Sergio Beltran, Kenneth T. Cuccinelli, Mark A. Morgan, Douglas Harrison, William Barr, Robert Hood, Kevin K. McAleenan and Ryan Scudder
Case Number: 3:2019cv02119
Filed: November 5, 2019
Court: US District Court for the Southern District of California
Presiding Judge: Dana M Sabraw
Referring Judge: Andrew G Schopler
Nature of Suit: Mandamus & Other
Cause of Action: 28:2241fd
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2019 Filing 36 Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 12/20/2019. Court to issue order. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Bardis Vakili, Jonathan Markovitz, Monika Langarica). (Defendant Attorney Archith Ramkumar). (no document attached) (jak)
December 18, 2019 Filing 35 SUMMONS Returned Executed by Diana Doe, Cristian Doe. William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder served. (Attachments: #1 Attachment to Proof of Service)(Vakili, Bardis) (jms).
December 13, 2019 Filing 34 REPLY to Response to Motion re #3 MOTION to Certify Class filed by Cristian Doe, Diana Doe. (Vakili, Bardis) (jms).
December 13, 2019 Filing 33 REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order filed by Cristian Doe, Diana Doe. (Attachments: #1 Declaration)(Vakili, Bardis) (jms).
December 10, 2019 Filing 32 STATUS REPORT Joint Status Report Regarding Meet and Confer by Cristian Doe, Diana Doe. (Vakili, Bardis) (jms).
December 4, 2019 Filing 31 RESPONSE in Opposition re #3 MOTION to Certify Class filed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Attachments: #1 Declaration of Ashley Caudill-Mirillo)(Ramkumar, Archith)(jms).
December 4, 2019 Filing 30 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Attachments: #1 Exhibit Oral Decision Cruz v. DHS, #2 Declaration of Ashley Caudill-Mirillo, #3 Declaration of Scott Garrett, #4 Declaration of Mariza Marin)(Ramkumar, Archith) (jms).
December 3, 2019 Opinion or Order Filing 29 ORDER Granting #28 Unopposed Ex Parte Application to Allow Telephonic Meet and Confer. The Court's Order Granting Motion for Temporary Restraining Order (ECF No. 18) is MODIFIED to allow for a telephonic meet and confer. Signed by Judge Dana M. Sabraw on 12/3/2019. (aef)
December 2, 2019 Filing 28 Ex Parte MOTION Allow Telephonic Meet and confer re #18 Order on Motion for TRO,, Unopposed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Church, Rebecca) (jms).
November 19, 2019 Opinion or Order Filing 27 ORDER Granting #25 Unopposed Ex Parte Application for One-Week Extension of Time. The following deadlines set in the Order Granting Motion for Temporary Restraining Order (ECF No. 18) are extended: (1) the responses to the motions for class certification and preliminary injunction are extended from November 27, 2019 to December 4, 2019; (2) Petitioners replies are extended from December 6, 2019 to December 13, 2019; (3) the meet and confer deadline is extended from December 4, 2019 to December 11, 2019; and (4) the hearing is extended from December 13, 2019 to December 20, 2019 at 1:30 p.m. Signed by Judge Dana M. Sabraw on 11/19/2019. (aef)
November 19, 2019 Filing 26 NOTICE of Appearance by Archith Ramkumar on behalf of William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder (Ramkumar, Archith)Attorney Archith Ramkumar added to party William Barr(pty:res), Attorney Archith Ramkumar added to party Sergio Beltran(pty:res), Attorney Archith Ramkumar added to party Kenneth T. Cuccinelli(pty:res), Attorney Archith Ramkumar added to party Douglas Harrison(pty:res), Attorney Archith Ramkumar added to party Robert Hood(pty:res), Attorney Archith Ramkumar added to party Kevin K. McAleenan(pty:res), Attorney Archith Ramkumar added to party Mark A. Morgan(pty:res), Attorney Archith Ramkumar added to party Ryan Scudder(pty:res) (jms).
November 19, 2019 Filing 25 Ex Parte MOTION for Extension of Time to File Unopposed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Church, Rebecca)(aef).
November 13, 2019 Opinion or Order Filing 24 ORDER Re: Hearing. The hearing set for November 13, 2019 is vacated. Signed by Judge Dana M. Sabraw on 11/13/2019.(aef)
November 13, 2019 Filing 23 NOTICE OF WITHDRAWAL OF DOCUMENT by Cristian Doe, Diana Doe re #19 Ex Parte MOTION for Order to Enforce TRO filed by Cristian Doe, Diana Doe, #21 MOTION to Supplement Ex Parte Application to Enforce TRO and Request to Hold Defendant U.S. Border Patrol in Contempt filed by Cristian Doe, Diana Doe . (Vakili, Bardis) (aef).
November 13, 2019 Opinion or Order Filing 22 ORDER TO SHOW CAUSE Why Respondents are not in Contempt. Respondents, specifically Douglass Harrison, Chief Agent for San Diego Sector of Border Patrol, are ordered to show cause why. Hearing on this matter shall be scheduled for November 13, 2019 at 3:30 p.m. Signed by Judge Dana M. Sabraw on 11/13/2019.(aef)
November 13, 2019 Filing 21 ***DOCUMENT WITHDRAWN PER ECF #23 *** - MOTION to Supplement Ex Parte Application to Enforce TRO and Request to Hold Defendant U.S. Border Patrol in Contempt by Cristian Doe, Diana Doe. (Vakili, Bardis) Modified on 11/13/2019 to withdraw document; motion termed (aef).
November 13, 2019 Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 11/8/2019 before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020. (akr)
November 13, 2019 Filing 19 ***DOCUMENT WITHDRAWN PER ECF #23 *** - Ex Parte MOTION for Order to Enforce TRO by Cristian Doe, Diana Doe. (Attachments: #1 Declaration)(Vakili, Bardis) Modified on 11/13/2019 to withdraw document; motion termed (aef).
November 12, 2019 Opinion or Order Filing 18 ORDER Granting #2 Motion for Temporary Restraining Order. Petitioners' motion for temporary restraining order is granted. Pending before the Court are Petitioners' motions for class certification and preliminary injunction. Respondents shall respond to the motions by November 27, 2019 at 5:00 p.m., and Petitioners shall file their replies by December 6, 2019 at 5 p.m. The parties are ordered to meet and confer in person by no later than December 4, 2019 to attempt resolution of these matters. Absent resolution, the motions will be heard on December 13, 2019 at 1:30 p.m. Signed by Judge Dana M. Sabraw on 11/12/2019. (aef)
November 8, 2019 Filing 17 Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 11/8/2019 re #2 MOTION for Temporary Restraining Order filed by Cristian Doe, Diana Doe. Court to issue order.(Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Bardis Vakili, Monika Langarica, Jonathan Markovitz). (Defendant Attorney Samuel Bettwy, Rebecca Church, Caroline Prime). (no document attached) (jak)
November 8, 2019 Filing 16 REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order filed by Cristian Doe, Diana Doe. (Vakili, Bardis) (jms).
November 8, 2019 Filing 15 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jms)
November 7, 2019 Filing 14 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Attachments: #1 Exhibit, #2 Declaration Christian A. Couch)(Bettwy, Samuel) (jms).
November 6, 2019 Filing 13 Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status Conference held on 11/6/2019. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Monika Langarica, Bardis Vakili). (Defendant Attorney Katherine Parker, Rebecca Church, Samuel Bettwy). (no document attached) (jak)
November 6, 2019 Opinion or Order Filing 12 ORDER Setting Briefing Schedule. Respondents-Defendants shall file a response to Petitioners-Plaintiffs' motion for temporary restraining order on or before November 7, 2019 at 5:00 p.m. Hearing on this matter shall be scheduled for November 8, 2019 at 2:30 p.m. Signed by Judge Dana M. Sabraw on 11/6/2019.(aef)
November 6, 2019 Filing 11 RESPONSE re #10 Notice (Other), to Defendants-Respondents' Ex Parte Notice to Stipulate to Postpone Non-Refoulement Interviews of Petitioners Pending TRO Adjudication filed by Cristian Doe, Diana Doe. (Langarica, Monika) (aef).
November 6, 2019 Filing 10 NOTICE Ex Parte Notice to Stipulate to Postpone Non-Refoulment Interviews of Petitioners Pending TRO Adjudication by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder re #6 Order Setting Briefing Schedule, (Church, Rebecca)Attorney Rebecca Grace Church added to party William Barr(pty:res), Attorney Rebecca Grace Church added to party Sergio Beltran(pty:res), Attorney Rebecca Grace Church added to party Kenneth T. Cuccinelli(pty:res), Attorney Rebecca Grace Church added to party Douglas Harrison(pty:res), Attorney Rebecca Grace Church added to party Robert Hood(pty:res), Attorney Rebecca Grace Church added to party Kevin K. McAleenan(pty:res), Attorney Rebecca Grace Church added to party Mark A. Morgan(pty:res), Attorney Rebecca Grace Church added to party Ryan Scudder(pty:res) (aef).
November 5, 2019 Filing 9 NOTICE of Appearance by John David Loy on behalf of Cristian Doe, Diana Doe (Loy, John)Attorney John David Loy added to party Cristian Doe(pty:pet), Attorney John David Loy added to party Diana Doe(pty:pet) (jms).
November 5, 2019 Filing 8 NOTICE of Appearance by Jonathan Paul Markovitz on behalf of Cristian Doe, Diana Doe (Markovitz, Jonathan)Attorney Jonathan Paul Markovitz added to party Cristian Doe(pty:pet), Attorney Jonathan Paul Markovitz added to party Diana Doe(pty:pet)(jms).
November 5, 2019 Filing 7 NOTICE of Appearance by Bardis Vakili on behalf of Cristian Doe, Diana Doe (Vakili, Bardis)Attorney Bardis Vakili added to party Cristian Doe(pty:pet), Attorney Bardis Vakili added to party Diana Doe(pty:pet) (jms).
November 5, 2019 Opinion or Order Filing 6 ORDER Setting Briefing Schedule. Respondents-Defendants shall file a response to this motion on or before November 6, 2019 at 12:00 p.m. Hearing on the Petitioners-Plaintiff's motion for temporary restraining order shall be scheduled for November 6, 2019 at 2:00 p.m. The Parties may appear telephonically if necessary. Signed by Judge Dana M. Sabraw on 11/5/2019.(aef)
November 5, 2019 Filing 5 SEALED LODGED Proposed Document re: #4 MOTION Ex Parte Application to Leave to Priceed Under Pseudonym, to File Documents Under Seal, and For Interim Protective OrderMOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Langarica, Monika) (dlg).
November 5, 2019 Filing 4 MOTION Ex Parte Application to Leave to Proceed Under Pseudonym, to File Documents Under Seal, and For Interim Protective Order by Cristian Doe, Diana Doe. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(jms). Added MOTION to File Documents Under Seal on 11/5/2019 (dlg).
November 5, 2019 Filing 3 MOTION for Class Certification by Cristian Doe, Diana Doe. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Monika Y. Langarica, #3 Declaration of Bardis Vakili)(jms)
November 5, 2019 Filing 2 MOTION for Temporary Restraining Order by Cristian Doe, Diana Doe. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(jms)
November 5, 2019 Filing 1 Petition for Writ of Habeas Corpus against William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder, filed by Diana Doe, Cristian Doe.(Filing fee $5 - receipt number: 0974-13129808) (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-2119-DMS-AGS. Judge Dana M. Sabraw and Magistrate Judge Andrew G. Schopler are assigned to the case. (Langarica, Monika)(jms)

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Petitioner: Cristian Doe
Represented By: John David Loy
Represented By: Bardis Vakili
Represented By: Jonathan Paul Markovitz
Represented By: Monika Yvette Langarica
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Petitioner: Diana Doe
Represented By: John David Loy
Represented By: Bardis Vakili
Represented By: Jonathan Paul Markovitz
Represented By: Monika Yvette Langarica
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Respondent: Sergio Beltran
Represented By: U S Attorney CV
Represented By: Rebecca Grace Church
Represented By: Archith Ramkumar
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Respondent: Kenneth T. Cuccinelli
Represented By: U S Attorney CV
Represented By: Rebecca Grace Church
Represented By: Archith Ramkumar
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Respondent: Mark A. Morgan
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Represented By: Rebecca Grace Church
Represented By: Archith Ramkumar
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Respondent: Douglas Harrison
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Represented By: Rebecca Grace Church
Represented By: Archith Ramkumar
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Respondent: William Barr
Represented By: U S Attorney CV
Represented By: Rebecca Grace Church
Represented By: Archith Ramkumar
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Respondent: Robert Hood
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Represented By: Rebecca Grace Church
Represented By: Archith Ramkumar
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Respondent: Kevin K. McAleenan
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Represented By: Rebecca Grace Church
Represented By: Archith Ramkumar
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Respondent: Ryan Scudder
Represented By: U S Attorney CV
Represented By: Rebecca Grace Church
Represented By: Archith Ramkumar
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