Lien v. Sessions et al.
| Kirstjen Nielsen, Jefferson Beauregard Sessions, III, John Choate and Jeffrey Lynch |
| Quang Minh Lien |
| Jefferson Sessions |
| 1:2018cv02146 |
| August 22, 2018 |
| US District Court for the District of Colorado |
| S Kato Crews |
| William J Martinez |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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| Filing 20 Proposed Scheduling Order by Respondents John Choate, Jeffrey Lynch, Kirstjen Nielsen, Jefferson Sessions. (Jafek, Timothy) |
Filing 19
MINUTE ORDER: A Scheduling Conference is set for 10/23/2018 at 11:00 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. On or before October 16, 2018, the parties shall file their proposed scheduling order, and shall email an editable version to Crews_Chambers@cod.uscourts.gov. By Magistrate Judge S. Kato Crews on 10/10/2018. Text Only Entry (skclc1)
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Filing 18
ORDER Denying #2 Preliminary Injunction and Dismissing Petition in Part for Lack of Jurisdiction. No later than October 10, 2018 counsel shall contact the Chambers of U.S. Magistrate Judge S. Kato Crews in order to set a Scheduling Conference in this case, and such further proceedings as Judge Crews deems appropriate. ORDERED by Judge William J. Martinez on 10/5/2018. (angar, )
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| Filing 17 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #16 Reply to Response to Motion filed by attorney Daniel F. Boyle.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (angar, ) |
| Filing 16 REPLY to Response to #2 First MOTION for Temporary Restraining Order filed by Petitioner Quang Minh Lien. (Boyle, Daniel) |
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Filing 15
ORDER: This matter is before the Court on Petitioner's Motion to Extend the Time for Responding to Governments [sic] Response #13 . Petitioner's Motion is subject to being summarily stricken, given counsel's failure to meaningfully comply with the conferral requirements of D.C.Colo.LCivR7.1A, see Hoelzel v. First Select Corp., 214 F.R.D. 634 (D. Colo. 2003); and failure to indicate that he has served a copy of the Motion on his client, as is required by D.C.COLO.LCivR 6.1(c). The Court requires that the certificate of service specifically confirm that service has been made upon moving counsel's client and, if appropriate, identify the individual who has received service of the motion on behalf of any party which is not a natural person. In addition, the Motion fails to comply with this Court's Local Rule 10.1(e), which requires "all pleadings and documents [to] be double spaced." However, given the circumstances presented, the Court finds that judicial economy and the interests of justice are best served by GRANTING the Motion. Petitioner is granted leave, for good cause shown, to file his reply in support of his Motion for a Temporary Restraining Order #2 on or before September 28, 2018. Counsel is forewarned that all future motions must comply with all applicable WJM Revised Practice Standards and the Court's Local Rules, or they may be summarily stricken. SO ORDERED by Judge William J. Martinez on 9/24/2018. Text Only Entry (wjmsec, )
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| Filing 14 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #13 First MOTION for Extension of Time to File Answer or Otherwise Respond filed by attorney Daniel F. Boyle.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (angar, ) |
| Filing 13 First MOTION for Extension of Time to File Answer or Otherwise Respond by Petitioner Quang Minh Lien. (Boyle, Daniel) |
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Filing 12
ORDER: This matter is before the Court on #2 Plaintiff's Motion for a Temporary Restraining Order. On August 29, 2018, the Court denied the Plaintiff's request for a TRO but ordered Defendants to respond to Plaintiff's request for a preliminary injunction in that same Motion. The Court received Defendants' response on September 12, 2018. Given that Plaintiff has been in receipt of Defendants' response since September 12, he is DIRECTED to file a reply in support of his Motion by September 21, 2018. After receiving any reply Plaintiff elects to file, the Court will determine whether an evidentiary hearing on the preliminary injunction motion will be necessary. SO ORDERED by Judge William J. Martinez on 9/18/2018. Text Only Entry (wjmlc2)
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| Filing 11 RESPONSE to #2 First MOTION for Temporary Restraining Order filed by Respondents John Choate, Jeffrey Lynch, Kirstjen Nielsen, Jefferson Sessions. (Attachments: #1 Lauceillo Declarattion with Attachments, #2 Order Resolving Petitioner's Previous Petition)(Jafek, Timothy) |
| Filing 10 NOTICE of Entry of Appearance by Timothy Bart Jafek on behalf of John Choate, Jeffrey Lynch, Kirstjen Nielsen, Jefferson SessionsAttorney Timothy Bart Jafek added to party John Choate(pty:res), Attorney Timothy Bart Jafek added to party Jeffrey Lynch(pty:res), Attorney Timothy Bart Jafek added to party Kirstjen Nielsen(pty:res), Attorney Timothy Bart Jafek added to party Jefferson Sessions(pty:res) (Jafek, Timothy) |
| Filing 9 CERTIFICATE of Mailing/Service by Petitioner Quang Minh Lien. (Boyle, Daniel) |
| Filing 8 BRIEF in Support of #2 First MOTION for Temporary Restraining Order filed by Petitioner Quang Minh Lien. (Attachments: #1 Exhibit)(Boyle, Daniel) |
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Filing 7
ORDER: Before the Court is Plaintiff's Motion for Temporary Restraining Order #2 . Under Federal Rule of Civil Procedure 65(b)(1), a court may issue a TRO without notice to the opposing party only if (a) the specific facts in an affidavit or verified complaint presented "clearly show that immediate and irreparable injury, loss, or damage will result" and (b) movant's attorney certifies in writing his or her efforts to give notice and why notice should not be required. In addition, to obtain a TRO, Plaintiff must satisfy the same elements it would need to satisfy for a preliminary injunction. See NRC Broad. Inc. v. Cool Radio, LLC, 2009 WL 2965279, at *1 (D. Colo. Sept. 14, 2009). Among those elements, "a showing of probable irreparable harm is the single most important prerequisite." Dominion Video Satellite, Inc. v. Echostar Satellite Corp., 356 F.3d 1256, 1260 (10th Cir. 2004) (internal quotation marks omitted). Because Plaintiff failed to submit an affidavit or verified complaint setting forth the facts upon which his Motion is predicated, or justified the absence of these items, the Court cannot issue a TRO without notice to Defendants. Portillo v. U.S., 2009 WL 146521 (D. Colo. Jan. 21, 2009). Moreover, Plaintiff has not established that any alleged irreparable harm is so immediate as to justify a TRO without notice to the opposing party. Finally, Plaintiff's counsel has not certified his efforts to provide notice or justified why notice should not be required. See Fed. R. Civ. P. 65(b)(1)(b). For these reasons, Plaintiff's Motion #2 is DENIED IN PART as to the request for a TRO. Plaintiff's request, also contained in the Motion, for a preliminary injunction remains pending. Plaintiff's counsel is ORDERED to effect service on Defendants by no later than September 10, 2018, and to forthwith thereafter file with the Court documentation evidencing the service of process. Defendants are DIRECTED to file a Response to Plaintiff's Motion for a Temporary Restraining Order no later than seven calendar days after Defendants' counsel enters his or her appearance. Upon receipt of the Defendants' Response, the Court will determine if a Reply and/or an evidentiary hearing on Plaintiff's Motion is necessary. SO ORDEREDby Judge William J. Martinez on 8/29/2018. Text Only Entry (wjmlc2)
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Filing 6
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 8/28/2018. Text Only Entry (wjmsec, )
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| Filing 5 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 18-cv-02146-WJM. (athom, ) |
| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (dbera, ) |
| Filing 3 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge S. Kato Crews. Text Only Entry (dbera, ) |
| Filing 2 First MOTION for Temporary Restraining Order by Defendant Quang Minh Lien. (Attachments: #1 Exhibit)(Boyle, Daniel) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 1082-6261242)Attorney Daniel F. Boyle added to party Quang Minh Lien(pty:dft), filed by Quang Minh Lien. (Attachments: #1 Continuation of Main Document, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Boyle, Daniel) |
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