FEDERAL CAPITAL HABEAS PROJECT et al v. BARR et al
| KENNETH EUGENE BARRETT, REJON TAYLOR, DUSTIN JOHN HIGGS, FEDERAL CAPITAL HABEAS PROJECT and NORRIS HOLDER |
| WILLIAM P. BARR and MICHAEL CARVAJAL |
| 1:2020cv03742 |
| December 18, 2020 |
| US District Court for the District of Columbia |
| Rudolph Contreras |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05:0706 |
| Plaintiff |
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This docket was last retrieved on February 3, 2021. A more recent docket listing may be available from PACER.
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| Set/Reset Deadlines: Administrative Record due by 3/18/2021. Amended Pleadings due by 2/16/2021. Answer due by 3/18/2021, Cross Motions due by 5/14/2021. Response to Cross Motions due by 6/4/2021. Reply to Cross Motions due by 6/25/2021. Summary Judgment motions due by 4/16/2021. Response to Motion for Summary Judgment due by 5/14/2021. Reply to Motion for Summary Judgment due by 6/4/2021. (tj) |
MINUTE ORDER denying #3 Plaintiffs' Motion for Preliminary Injunction and adopting the #29 the parties' Joint Proposed Scheduling Order: In light of Plaintiffs' withdrawal of #3 their motion for a preliminary injunction, see ECF No. #29 , that motion is DENIED. It is FURTHER ORDERED that the following schedule shall govern further proceedings: Plaintiffs shall file an amended complaint by February 16, 2021; Defendants shall file an answer and produce the administrative record by March 18, 2021; Plaintiffs shall file their motion for summary judgment by April 16, 2021; Defendants' shall file their response and cross-motion for summary judgment by May 14, 2021; Plaintiffs shall file their reply and cross-response by June 4, 2021; and Defendants shall file their cross-reply by June 25, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 2/2/2021. (lcrc1)
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| Filing 29 PROPOSED BRIEFING SCHEDULE re Order JOINT Proposed Scheduling Order by KENNETH EUGENE BARRETT, FEDERAL CAPITAL HABEAS PROJECT, DUSTIN JOHN HIGGS, NORRIS HOLDER, REJON TAYLOR. (Attachments: #1 Text of Proposed Order)(Hartnett, Kathleen) |
| Filing 28 NOTICE OF WITHDRAWAL OF APPEARANCE as to WILLIAM P. BARR, MICHAEL CARVAJAL. Attorney Bradley P. Humphreys terminated. (Humphreys, Bradley) |
| Filing 27 NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL CAPITAL HABEAS PROJECT. Attorney Elizabeth Barchas Prelogar terminated. (Attachments: #1 Exhibit A - Client Consent to Withdrawal)(Prelogar, Elizabeth) |
| Filing 26 NOTICE of Appearance by Kathleen Roberta Hartnett on behalf of FEDERAL CAPITAL HABEAS PROJECT (Hartnett, Kathleen) |
| Filing 25 TRANSCRIPT OF PROCEEDINGS, before Judge Rudolph Contreras, held on 01-11-2021. Page Numbers: 1 - 22. Date of Issuance: 01-19-2021. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above . After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/9/2021. Redacted Transcript Deadline set for 2/19/2021. Release of Transcript Restriction set for 4/19/2021.(Saint-Loth, Elizabeth) |
| Filing 24 NOTICE of Appearance by Elizabeth M. Wright on behalf of FEDERAL CAPITAL HABEAS PROJECT (Wright, Elizabeth) |
| Set/Reset Deadlines: Proposed Briefing Schedule due by 2/2/2021. (tj) |
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MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed schedule to govern further proceedings on or before February 2, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 1/19/2021. (lcrc1)
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| Filing 23 STATUS REPORT by KENNETH EUGENE BARRETT, FEDERAL CAPITAL HABEAS PROJECT, DUSTIN JOHN HIGGS, NORRIS HOLDER, REJON TAYLOR. (Attachments: #1 Exhibit A - Declaration of A. Harwell, #2 Exhibit B - Declaration of J. Fransisco)(Prelogar, Elizabeth) |
| Filing 22 STATUS REPORT by WILLIAM P. BARR, MICHAEL CARVAJAL. (Attachments: #1 Declaration)(Humphreys, Bradley) |
| Filing 21 STATUS REPORT by KENNETH EUGENE BARRETT, FEDERAL CAPITAL HABEAS PROJECT, DUSTIN JOHN HIGGS, NORRIS HOLDER, REJON TAYLOR. (Prelogar, Elizabeth) |
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Filing 20
ORDER providing limited injunctive relief pursuant to the All Writs Act. See document for details. Signed by Judge Rudolph Contreras on 1/13/2021. (lcrc1)
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| Filing 19 TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on 01/07/2021; Page Numbers: 64. Date of Issuance:01/13/2020. Court Reporter/Transcriber L. Bankins, Telephone number 202-354-3243, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/3/2021. Redacted Transcript Deadline set for 2/13/2021. Release of Transcript Restriction set for 4/13/2021.(Bankins, Lisa) |
| Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 1/13/2021. Parties inform the court of the status of this action. The court directs the parties to file another status report by 1/14/202. (Court Reporter: Lisa Edwards.) (tj) |
| Filing 18 NOTICE of Petition to the Supreme Court in United States v. Higgs by WILLIAM P. BARR, MICHAEL CARVAJAL (Attachments: #1 Exhibit)(Humphreys, Bradley) |
| Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 1/11/2021. Parties inform the court of the staus of this action. Next Telephone Status Conference is set for 1/15/2021 at 11:00 AM in Telephonic/VTC before Judge Rudolph Contreras. (Court Reporter: Elizabeth Saint Loth.) (tj) |
| Filing 17 RESPONSE re #16 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by WILLIAM P. BARR, MICHAEL CARVAJAL. (Humphreys, Bradley) |
| Filing 16 NOTICE OF SUPPLEMENTAL AUTHORITY by KENNETH EUGENE BARRETT, FEDERAL CAPITAL HABEAS PROJECT, DUSTIN JOHN HIGGS, NORRIS HOLDER, REJON TAYLOR (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Prelogar, Elizabeth) |
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MINUTE ORDER: In light of Defendants' ripeness arguments, the parties should be prepared to discuss at the telephone conference on Monday, January 11, 2021, whether the Court has authority under the All Writs Act, 28 U.S.C. 1651, to enter limited equitable relief to ensure that it has the opportunity to review Mr. Higgs's case without the case becoming ripe and moot simultaneously. See Astrazeneca Pharms. LP v. Burwell, 197 F. Supp. 3d 53, 55-60 (D.D.C. 2016) (outlining schedule to preserve parties' interests under All Writs Act when "the window for [judicial] review [wa]s not only small, but more or less instantaneous[] with the FDA's issuance of its decision" (last alteration in original) (internal quotation marks and citation omitted)); Trump v. Comm. on Ways & Means, 415 F. Supp. 3d 38, 50 (D.D.C. 2019) ("[T]he Court believes it is appropriate to fashion limited relief under the All Writs Act that will prevent Mr. Trump's claims from becoming ripe and then moot almost instantaneously without notice to him or the Court."). SO ORDERED. Signed by Judge Rudolph Contreras on 1/7/2021. (lcrc1)
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| Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 1/7/2021 re #3 MOTION for Preliminary Injunction and Section 705 Relief filed by REJON TAYLOR, KENNETH EUGENE BARRETT, FEDERAL CAPITAL HABEAS PROJECT, NORRIS HOLDER, DUSTIN JOHN HIGGS. Motion taken under advisement.Telephone Conference set for 1/11/2021 at 2:00 before Judge Rudolph Contreras. (Court Reporter: Lisa Bankins.) (tj) |
| Filing 15 REPLY re #3 MOTION for Preliminary Injunction and Section 705 Relief filed by KENNETH EUGENE BARRETT, FEDERAL CAPITAL HABEAS PROJECT, DUSTIN JOHN HIGGS, NORRIS HOLDER, REJON TAYLOR. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Prelogar, Elizabeth) Modified event title on 1/8/2021 (znmw). |
| Filing 14 Memorandum in opposition to re #3 MOTION for Preliminary Injunction and Section 705 Relief filed by WILLIAM P. BARR, MICHAEL CARVAJAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Humphreys, Bradley) |
| Filing 13 NOTICE of Appearance by Bradley P. Humphreys on behalf of All Defendants (Humphreys, Bradley) |
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MINUTE ORDER granting #6 , #7 , #8 , #9 , #10 , #11 , #12 Motions for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Elias S. Kim, Elizabeth Wright, Jennifer Elkin, Colin Scott, David Autry, Matthew Lawry, and Alexis Hoag are admitted to represent Plaintiffs pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. SO ORDERED. Signed by Judge Rudolph Contreras on 12/28/2020. (lcrc1)
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| Filing 12 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexis Hoag, Filing fee $ 100, receipt number ADCDC-7996853. Fee Status: Fee Paid. by REJON TAYLOR (Attachments: #1 Declaration of Alexis Hoag, #2 Text of Proposed Order)(Prelogar, Elizabeth) |
| Filing 11 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew Lawry, Filing fee $ 100, receipt number ADCDC-7996835. Fee Status: Fee Paid. by DUSTIN JOHN HIGGS (Attachments: #1 Declaration of Matthew Lawry, #2 Text of Proposed Order)(Prelogar, Elizabeth) |
| Filing 10 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David Autry, Filing fee $ 100, receipt number ADCDC-7996798. Fee Status: Fee Paid. by KENNETH EUGENE BARRETT (Attachments: #1 Declaration of David Autry, #2 Text of Proposed Order)(Prelogar, Elizabeth) |
| Filing 9 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Colin Scott, Filing fee $ 100, receipt number ADCDC-7996757. Fee Status: Fee Paid. by FEDERAL CAPITAL HABEAS PROJECT (Attachments: #1 Declaration of Colin Scott, #2 Text of Proposed Order)(Prelogar, Elizabeth) |
| Filing 8 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jennifer Elkin, Filing fee $ 100, receipt number ADCDC-7996728. Fee Status: Fee Paid. by FEDERAL CAPITAL HABEAS PROJECT (Attachments: #1 Declaration Jennifer Elkin, #2 Text of Proposed Order)(Prelogar, Elizabeth) |
| Filing 7 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth Wright, Filing fee $ 100, receipt number ADCDC-7996694. Fee Status: Fee Paid. by FEDERAL CAPITAL HABEAS PROJECT (Attachments: #1 Declaration of Elizabeth Wright, #2 Text of Proposed Order)(Prelogar, Elizabeth) |
| Filing 6 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elias S. Kim, Filing fee $ 100, receipt number ADCDC-7996637. Fee Status: Fee Paid. by FEDERAL CAPITAL HABEAS PROJECT (Attachments: #1 Declaration of Elias S. Kim, #2 Text of Proposed Order)(Prelogar, Elizabeth) |
| Set/Reset Deadlines/Hearings: Responses due by 1/4/2021 Replies due by 1/6/2021. Motion Hearing set for 1/7/2021 at 11:30 AM in Telephonic/VTC before Judge Rudolph Contreras. (tj) |
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MINUTE ORDER: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendants shall file their opposition to #3 Plaintiffs' motion for a preliminary injunction and a stay on or before January 4, 2021; Plaintiffs shall file their reply on or before January 6, 2021; and the Court will hold a video hearing on the motion on January 7, 2021, at 11:30am. SO ORDERED. Signed by Judge Rudolph Contreras on 12/23/2020. (lcrc1)
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| Filing 5 NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) |
| Filing 4 SUMMONS (2) Issued Electronically as to WILLIAM P. BARR, MICHAEL CARVAJAL. (Attachment: #1 Notice and Consent)(adh, ) |
| Case Assigned to Judge Rudolph Contreras. (adh, ) |
| Filing 3 MOTION for Preliminary Injunction and Section 705 Relief by KENNETH EUGENE BARRETT, FEDERAL CAPITAL HABEAS PROJECT, DUSTIN JOHN HIGGS, NORRIS HOLDER, REJON TAYLOR (Attachments: #1 Memorandum in Support, #2 Declaration Ruth Friedman, #3 Text of Proposed Order)(Prelogar, Elizabeth) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FEDERAL CAPITAL HABEAS PROJECT (Prelogar, Elizabeth) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against WILLIAM P. BARR, MICHAEL CARVAJAL with Jury Demand ( Filing fee $ 402 receipt number ADCDC-7979122) filed by NORRIS HOLDER, FEDERAL CAPITAL HABEAS PROJECT, DUSTIN JOHN HIGGS, KENNETH EUGENE BARRETT, REJON TAYLOR. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet, #6 Summons William P. Barr, #7 Summons Michael Carvajal)(Prelogar, Elizabeth) |
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