HUISHA-HUISHA et al v. GAYNOR et al
| H.T.D.S.D.S., H.N.D.S., E.R.P.D.S., I.M.C.H., M.E.S.D.S., NANCY GIMENA HUISHA-HUISHA, JOSAINE PEREIRA-DE SOUZA, VALERIA MACANCELA BERMEJO, B.A.M.M., MARTHA LILIANA TADAY-ACOSTA, T.J.T.-B., ROMILUS VALCOURT, FIDETTE BOUTE, J.A.Z., B.V.-A., ALL PLAINTIFFS, D.J.T.-B., BEDAPHECA ALCANTE, D.J.Z. and JULIEN THOMAS |
| PETER T. GAYNOR, ROBERT R. REDFIELD, RODNEY S. SCOTT, WILLIAM A. FERRARA, JONATHAN FAHEY, ALEX M. AZAR, II, MARK A. MORGAN, ROCHELLE P. WALENSKY, TROY MILLER, NORRIS COCHRAN, TAE D. JOHNSON, DAVID PEKOSKE, ALEJANDRO MAYORKAS, ALEJANDRO N. MAYORKAS, XAVIER BECERRA, CHRIS MAGNUS, PETE FLORES and RAUL L. ORTIZ |
| DEBORAH ANKER, T. ALEXANDER ALEINIKOFF, HISTORIANS, INTERNATIONAL REFUGEE ASSISTANCE PROJECT, JAMES C. HATHTAWAY and GERALD L. NEUMAN |
| 1:2021cv00100 |
| January 12, 2021 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| P.I.: Other |
| 05 U.S.C. § 0701 Judicial Review of Agency Decision |
| None |
Docket Report
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This docket was last retrieved on November 15, 2022. A more recent docket listing may be available from PACER.
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Filing 156
NOTICE Notice of Filing Certified Index of Amended Administrative Record by XAVIER BECERRA, PETE FLORES, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, RAUL L. ORTIZ, ROCHELLE P. WALENSKY (Tepe, Sean)
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Filing 155
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: #1 Appendix of Relevant Administrative Record)(Gelernt, Lee)
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Filing 154
JOINT APPENDIX by ALL PLAINTIFFS. (Gelernt, Lee)
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Filing 153
MOTION for Partial Summary Judgment by ALL PLAINTIFFS. (Attachments: #1 Memorandum in Support of Partial Summary Judgment (Re-filed and Redacted), #2 Declaration of Ming Cheung, #3 Text of Proposed Order)(Gelernt, Lee)
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Filing 152
Second MOTION for Preliminary Injunction by ALL PLAINTIFFS. (Attachments: #1 Memorandum in Support of Classwide Preliminary Injunction (Re-filed and Redacted), #2 Declaration of Ming Cheung, #3 Text of Proposed Order)(Gelernt, Lee)
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Filing 151
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support of Classwide Preliminary Injunction, #2 Memorandum in Support of Summary Judgment)(Gelernt, Lee)
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Filing 150
REPLY to opposition to motion Redacted Reply in Support of Summary Judgment re #144 Motion for Partial Summary Judgment filed by ALL PLAINTIFFS. (Gelernt, Lee) Modified on 9/16/2022 to add docket relationship (zed).
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Filing 149
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support Reply in Support of Summary Judgment)(Gelernt, Lee)
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Filing 148
ENTERED IN ERROR.....SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support of Motion for Partial Summary Judgment)(Gelernt, Lee) Modified on 9/15/2022 counsel refiled at entry #149 (zjm).
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Filing 147
Memorandum in opposition to re #144 Motion for Partial Summary Judgment filed by XAVIER BECERRA, PETE FLORES, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, RAUL L. ORTIZ, ROCHELLE P. WALENSKY. (Attachments: #1 Text of Proposed Order)(Robinson, John)
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Filing 146
NOTICE of Appearance by John Robinson on behalf of All Defendants (Robinson, John)
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Filing 145
NOTICE of Appearance by Jonathan D. Kossak on behalf of All Defendants (Kossak, Jonathan)
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Set/Reset Deadlines: Plaintiffs Motion For Partial Summary Judgment due by 08/15/2022. Defendants Response To Plaintiffs' Motion due by 08/31/2022. Plaintiffs Reply due by 09/14/2022. Plaintiffs Appendix Of The Relevant Administrative Record due by 09/20/2022. (mac)
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Filing 144
MOTION for Partial Summary Judgment by ALL PLAINTIFFS. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment, #2 Text of Proposed Order, #3 Declaration of Ming Cheung)(Gelernt, Lee)
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Set/Reset Hearings: Status Conference set for 8/12/2022 at 1:30 PM in Telephonic/VTC before Judge Emmet G. Sullivan. (mac)
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Minute Entry for proceedings held Via VTC before Judge Emmet G. Sullivan: Status Conference held on 8/12/2022. Parties Updated The Court In Regards To The Current Posture Of This Matter. Motion Hearing set for 10/11/2022 at 11:00 AM in Telephonic/VTC before Judge Emmet G. Sullivan. Order Forthcoming. (Court Reporter LISA BANKINS.) (mac)
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MINUTE ORDER. In view of the discussion at the August 12, 2022 status conference and Plaintiffs' request to convert the #141 second motion for preliminary injunction to a motion for partial summary judgment, the Court shall consolidate the second motion for preliminary injunction with a determination on the merits with regard to the issue of whether the Title 42 policy is arbitrary and capricious under the Administrative Procedure Act. Accordingly, the second motion for preliminary injunction is hereby WITHDRAWN without prejudice. It is FURTHER ORDERED that the parties shall abide by the following schedule: (1) Plaintiffs shall file their motion for partial summary judgment by no later than August 15, 2022; (2) Defendants shall file their response to Plaintiffs' motion by no later than August 31, 2022; (3) Plaintiffs shall file their reply by no later than September 14, 2022; and (4) Plaintiffs shall file the appendix of the relevant administrative record by no later than September 20, 2022 (or six days after the reply is filed, whichever is earlier). Defendants shall send record designations at least three days prior. It is FURTHER ORDERED that a motion hearing shall take place on October 11, 2022 at 11:00 a.m. via video teleconference. The parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. It is FURTHER ORDERED that the August 1, 2022 Minute Order directing that the parties file a Joint Status Report by August 19, 2022 is VACATED. Signed by Judge Emmet G. Sullivan on 8/12/2022. (lcegs3)
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Filing 143
NOTICE of Appearance by Jean Lin on behalf of All Defendants (Lin, Jean)
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MINUTE ORDER. In view of #141 second motion for preliminary injunction, a status conference is hereby set for August 12, 2022 at 1:30 p.m. via video teleconference. The parties shall be prepared to discuss whether the Court should consolidate the second motion for preliminary injunction with a determination on the merits pursuant to Federal Rule of Civil Procedure 65(a)(2). See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."). The parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. Signed by Judge Emmet G. Sullivan on 8/11/2022. (lcegs3)
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Filing 142
Joint MOTION for Briefing Schedule by XAVIER BECERRA, PETE FLORES, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, RAUL L. ORTIZ, ROCHELLE P. WALENSKY. (Attachments: #1 Text of Proposed Order)(Tepe, Sean)
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Filing 141
Second MOTION for Preliminary Injunction by ALL PLAINTIFFS. (Attachments: #1 Memorandum in Support, #2 Declaration of Ming Cheung, #3 Text of Proposed Order)(Gelernt, Lee)
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Set/Reset Deadlines: Joint Status Report due by 8/19/2022 (mac)
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MINUTE ORDER. In view of #140 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than August 19, 2022. Signed by Judge Emmet G. Sullivan on 8/1/2022. (lcegs3)
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Filing 140
Joint STATUS REPORT by ALL PLAINTIFFS. (Gelernt, Lee)
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Set/Reset Deadlines: Joint Status Report due by 7/29/2022 (zmac)
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MINUTE ORDER. In view of #139 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than July 29, 2022. Signed by Judge Emmet G. Sullivan on 7/11/2022. (lcegs3)
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Filing 139
Joint STATUS REPORT by ALL PLAINTIFFS. (Gelernt, Lee)
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Filing 138
Joint STATUS REPORT by ALL PLAINTIFFS. (Gelernt, Lee)
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MINUTE ORDER. In view of #138 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than July 8, 2022. Signed by Judge Emmet G. Sullivan on 6/17/2022. (lcegs3)
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Set/Reset Deadlines: Joint Status Report due by 7/8/2022. (zacr)
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Set/Reset Deadlines: Joint Status Report due by 6/17/2022 (mac)
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MINUTE ORDER. In view of #137 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than June 17, 2022. Signed by Judge Emmet G. Sullivan on 5/31/2022. (lcegs3)
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Filing 137
Joint STATUS REPORT by XAVIER BECERRA, PETE FLORES, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO J. MAYORKAS, RAUL L. ORTIZ, ROCHELLE P. WALENSKY. (Tepe, Sean)
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Filing 136
MANDATE of USCA as to #124 Notice of Appeal to DC Circuit Court, filed by XAVIER BECERRA, ALEJANDRO J. MAYORKAS, RODNEY S. SCOTT, WILLIAM A. FERRARA, ROCHELLE P. WALENSKY, TAE D. JOHNSON, TROY MILLER ; USCA Case Number 21-5200. (Attachments: #1 USCA Judgment)(zjf)
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Set/Reset Deadlines: Joint Status Report due by 5/27/2022. (zacr)
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MINUTE ORDER. In view of #135 joint status report, the parties are directed to file a joint status report with a recommendation for further proceedings by no later than May 27, 2022. Signed by Judge Emmet G. Sullivan on 4/13/2022. (lcegs3)
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Filing 135
Joint STATUS REPORT by ALL PLAINTIFFS. (Gelernt, Lee)
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Filing 134
NOTICE of CDC Public Health Determination and Order by XAVIER BECERRA, PETE FLORES, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO J. MAYORKAS, RAUL L. ORTIZ, ROCHELLE P. WALENSKY (Tepe, Sean)
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Set/Reset Deadlines: Joint Status Report due by 4/7/2022 (mac)
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MINUTE ORDER. In view of #133 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than April 7, 2022. Signed by Judge Emmet G. Sullivan on 3/29/2022. (lcegs3)
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Filing 133
Joint STATUS REPORT by XAVIER BECERRA, PETE FLORES, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO J. MAYORKAS, RAUL L. ORTIZ, ROCHELLE P. WALENSKY. (Tepe, Sean)
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Filing 132
NOTICE Notice of Filing Certified Index of Administrative Record by XAVIER BECERRA, PETE FLORES, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO J. MAYORKAS, RAUL L. ORTIZ, ROCHELLE P. WALENSKY (Tepe, Sean)
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Set/Reset Deadlines:, Defendants Administrative Record due by 3/18/2022. Joint Status Report due by 3/25/2022. (mac)
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Filing 131
SECOND AMENDED COMPLAINT against XAVIER BECERRA, TAE D. JOHNSON, ALEJANDRO J. MAYORKAS, ROCHELLE P. WALENSKY, CHRIS MAGNUS, PETE FLORES, RAUL L. ORTIZ filed by ALL PLAINTIFFS.(zjf)
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MINUTE ORDER granting #130 consent motion for leave to file second amended complaint. Plaintiffs' Second Amended Complaint is hereby deemed filed. Signed by Judge Emmet G. Sullivan on 2/14/2022. (lcegs3)
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MINUTE ORDER. In view of #129 joint status report, Defendants shall file on the docket an index of the Administrative Record and produce the Administrative Record to Plaintiffs by no later than March 18, 2022. It is FURTHER ORDERED that the parties shall file a joint status report with a recommendation for further proceedings by no later than March 25, 2022. Signed by Judge Emmet G. Sullivan on 2/14/2022. (lcegs3)
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Filing 130
Consent MOTION for Leave to File Amended Complaint filed by ALL PLAINTIFFS. (Attachments: #1 Proposed Second Amended Complaint, #2 Redline of Proposed Second Amended Complaint, #3 Text of Proposed Order Proposed Order)(Gelernt, Lee) Modified on 2/10/2022 to correct docket event/text (zjf).
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Filing 129
Joint STATUS REPORT by ALL PLAINTIFFS. (Gelernt, Lee)
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Filing 128
NOTICE of Appearance by Melissa E. Crow on behalf of All Plaintiffs (Crow, Melissa)
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Filing 127
NOTICE OF WITHDRAWAL OF APPEARANCE as to ALL PLAINTIFFS. Attorney Jamie L. Crook terminated. (Crook, Jamie)
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Filing 126
Joint STATUS REPORT by XAVIER BECERRA, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO J. MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean)
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USCA Case Number 21-5200 for #124 Notice of Appeal to DC Circuit Court, filed by XAVIER BECERRA, ALEJANDRO J. MAYORKAS, RODNEY S. SCOTT, WILLIAM A. FERRARA, ROCHELLE P. WALENSKY, TAE D. JOHNSON, TROY MILLER. (zjf)
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Filing 125
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re #124 Notice of Appeal to DC Circuit Court. (zjf)
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Filing 124
NOTICE OF APPEAL TO DC CIRCUIT COURT as to #122 Order on Motion to Certify Class, Order on Motion for Preliminary Injunction, Order on Motion for Hearing, #123 Memorandum & Opinion by TAE D. JOHNSON, TROY MILLER, ROCHELLE P. WALENSKY, ALEJANDRO J. MAYORKAS, XAVIER BECERRA, WILLIAM A. FERRARA, RODNEY S. SCOTT. Fee Status: No Fee Paid. Parties have been notified. (Attachments: #1 Exhibit District Court Order, #2 Exhibit District Court Memorandum Opinion)(Tepe, Sean)
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Filing 123
MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 9/16/2021. (lcegs3)
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Filing 122
ORDER granting #23 Motion to Certify Class; granting #57 Motion for Preliminary Injunction; denying #117 Motion for Hearing. Signed by Judge Emmet G. Sullivan on 9/16/2021. (lcegs3)
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MINUTE ORDER granting #119 unopposed motion for leave to file reply declarations. Signed by Judge Emmet G. Sullivan on 9/13/2021. (lcegs3)
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Filing 121
NOTICE OF WITHDRAWAL OF APPEARANCE as to T. ALEXANDER ALEINIKOFF, DEBORAH ANKER, JAMES C. HATHTAWAY, GERALD L. NEUMAN. Attorney Paul R.Q. Wolfson terminated. (Wolfson, Paul)
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Filing 120
NOTICE of Appearance by Daniel S. Volchok on behalf of T. ALEXANDER ALEINIKOFF, DEBORAH ANKER, JAMES C. HATHTAWAY, GERALD L. NEUMAN (Volchok, Daniel)
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Filing 119
MOTION for Leave to File Reply Declarations by ALL PLAINTIFFS. (Attachments: #1 Text of Proposed Order)(Gelernt, Lee)
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Filing 118
REPLY to opposition to motion re #23 MOTION to Certify Class , #57 MOTION for Preliminary Injunction filed by ALL PLAINTIFFS. (Attachments: #1 Text of Proposed Order, #2 Exhibit Index of Exhibits, #3 Declaration of Taylor Levy, #4 Declaration of Julia Neusner, #5 Declaration of Jennifer K. Harbury, #6 Declaration of Erika Pinheiro, #7 Declaration of Savitri Arvey, #8 Declaration (Supplemental) of Former CDC Officials, #9 Declaration of 32 Medical and Public Health Experts, #10 Declaration (Second) of Ming Cheung, #11 Declaration of Linda Rivas, #12 Declaration of Marisa Limn Garza, #13 Declaration of Astrid Dominguez, #14 Declaration of Chelsea Sachau, #15 Declaration of Mdecins Sans Frontires Medical Coordinator in Mexico, #16 Declaration of Teresa Cavendish, #17 Declaration of Kate Clark, #18 Declaration of Aaron Reichlin-Melnick, #19 Declaration of Alan E. Valdez Jurez, #20 Declaration of Edgar Ramrez Lpez, #21 Declaration of Samuel Thomas Bishop, #22 Declaration of Luis Alberto Lizarraga Tolentino, #23 Declaration of Cecilia Menjvar, Ph.D.)(Gelernt, Lee)
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Filing 117
MOTION for Oral Argument by XAVIER BECERRA, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY re #57 MOTION for Preliminary Injunction (Tepe, Sean) Modified on 8/12/2021 to correct docket event/text (zjf).
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Filing 116
DECLARATION of David Shahoulian re Combined Opposition (ECF No. #76 ) to Plaintiffs Motion for Class Certification (ECF No. #23 ) and Motion for Classwide Preliminary Injunction (ECF No. #57 ). by XAVIER BECERRA, NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (zjf)
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Set/Reset Deadlines: Defendants Supplemental Declaration In Support Of Their Combined Opposition To Plaintiffs' Motions For Class Certification And Classwide Preliminary Injunction due by 08/02/2021. Plaintiffs Reply In Support Of Those Motions due by 08/11/2021. (mac)
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MINUTE ORDER granting nunc pro tunc #112 joint motion to reset briefing schedule on Plaintiffs' motions for class certification and classwide preliminary injunction. It is HEREBY ORDERED that Defendants shall file their supplemental declaration in support of their combined opposition to Plaintiffs' motions for class certification and classwide preliminary injunction by no later than August 2, 2021; and that Plaintiffs shall file their combined reply in support of those motions by no later than August 11, 2021. Signed by Judge Emmet G. Sullivan on 8/5/2021. (lcegs3)
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MINUTE ORDER granting #113 motion for leave to file supplemental declaration. The Clerk of Court is directed to file the supplemental declaration, ECF No. 113-1, as a separate docket entry. Signed by Judge Emmet G. Sullivan on 8/5/2021. (lcegs3)
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Filing 115
RESPONSE TO ORDER OF THE COURT re Order,, Joint Response to Court's August 2, 2021 Order Concerning Further Mediation or Alternative Dispute Resolution filed by XAVIER BECERRA, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean)
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Set/Reset Deadlines: Joint Status Report due by 8/4/2021 (mac)
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Filing 114
NOTICE NOTICE OF CDC PUBLIC HEALTH ORDER by XAVIER BECERRA, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY (Tepe, Sean)
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Filing 113
MOTION for Leave to File Supplemental Declaration by XAVIER BECERRA, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Attachments: #1 Declaration of David Shahoulian)(Tepe, Sean)
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Filing 112
Joint MOTION for Briefing Schedule on Plaintiffs' Motions for Class Certification and Classwide Preliminary Injunction by ALL PLAINTIFFS. (Gelernt, Lee)
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MINUTE ORDER. In view of #112 joint motion to reset briefing schedule, in which the parties indicated that efforts "to resolve or narrow the dispute in this case have reached an impasse," the parties are DIRECTED to file a joint status report by no later than August 4, 2021 informing the Court whether this case would benefit from referral to a magistrate judge, mediation, or any other form of alternative dispute resolution that can be tailored to the needs of their case. Signed by Judge Emmet G. Sullivan on 8/2/2021. (lcegs3)
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Set/Reset Deadlines: Plaintiffs Reply Brief In Support Of Their Motions For Class Certification And Preliminary Injunction due by 8/2/2021. (mac)
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MINUTE ORDER granting #111 Joint Motion to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction. Plaintiffs shall file their reply brief in support of their motions for class certification and preliminary injunction by no later than August 2, 2021. Signed by Judge Emmet G. Sullivan on 7/19/2021. (lcegs1)
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Filing 111
Joint MOTION to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction by XAVIER BECERRA, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean) Modified on 7/19/2021 to correct docket event/text (zjf).
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Set/Reset Deadlines: Plaintiffs Reply Brief In Support Of Their Motions For Class Certification And Preliminary Injunction due by 7/16/2021. (mac)
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MINUTE ORDER granting #110 Joint Motion to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction. Plaintiffs shall file their reply brief in support of their motions for class certification and preliminary injunction by no later than July 16, 2021. Signed by Judge Emmet G. Sullivan on 7/9/2021. (lcegs3)
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Filing 110
Joint MOTION to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction by WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY, XAVIER BECERRA. (Tepe, Sean) Modified on 7/6/2021 to correct docket event/text (zjf).
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Set/Reset Deadlines: Plaintiffs Reply Brief In Support Of Motions For Class Certification And Preliminary Injunction due by 7/2/2021. (mac)
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MINUTE ORDER granting #109 Joint Motion to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction. Plaintiffs shall file their reply brief in support of their motions for class certification and preliminary injunction by no later than July 2, 2021. Signed by Judge Emmet G. Sullivan on 6/22/2021. (lcegs3)
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Filing 109
Joint MOTION to Continue in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean) Modified on 6/21/2021 to correct docket event/text (zjf).
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Set/Reset Deadlines: Plaintiffs Reply Brief In Support Of Their Motions For Class Certification And Preliminary Injunction due by 6/18/2021. (mac)
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MINUTE ORDER granting #108 Joint Motion to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction. Plaintiffs shall file their reply brief in support of their motions for class certification and preliminary injunction by no later than June 18, 2021. Signed by Judge Emmet G. Sullivan on 6/9/2021. (lcegs3)
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Filing 108
Joint MOTION to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean) Modified on 6/9/2021 to correct docket event/text (zjf).
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Set/Reset Deadlines: Plaintiffs Reply In Support Of Their Motions For Class Certification And Preliminary Injunction due by 6/8/2021. (mac)
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MINUTE ORDER granting #107 joint motion to continue to hold in abeyance Plaintiffs' Motions for Class Certification and Classwide Permanent Injunction. Plaintiffs shall file their reply in support of their motions for class certification and preliminary injunction by no later than June 8, 2021. Signed by Judge Emmet G. Sullivan on 5/27/2021. (lcegs3)
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Filing 107
Joint MOTION to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean) Modified on 5/26/2021 to correct docket event/text (zjf).
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ENTERED IN ERROR....Set/Reset Deadlines: Plaintiffs Reply In Support Of Their Motions For Class Certification And Preliminary Injunction due by 5/2/2021. (mac)
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Set/Reset Deadlines: Plaintiffs Reply In Support Of Their Motions For Class Certification And Preliminary Injunction due by 5/2/2021 (mac)
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MINUTE ORDER granting #106 joint motion to continue to hold in abeyance Plaintiffs' Motions for Class Certification and Classwide Permanent Injunction. Plaintiffs shall file their reply in support of their motions for class certification and preliminary injunction by no later than May 25, 2021. Signed by Judge Emmet G. Sullivan on 5/17/2021. (lcegs3)
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Filing 106
Joint MOTION to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean) Modified on 5/14/2021 to correct docket event/text (zjf).
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Set/Reset Deadlines: Plaintiffs Reply In Support Of Their Motions For Class Certification And Preliminary Injunction due by 5/13/2021. (mac)
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MINUTE ORDER granting #105 joint motion to continue to hold in abeyance Plaintiffs' Motions for Class Certification and Classwide Permanent Injunction. Plaintiffs shall file their reply in support of their motions for class certification and preliminary injunction by no later than May 13, 2021. Signed by Judge Emmet G. Sullivan on 5/4/2021. (lcegs3)
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Filing 105
Joint MOTION to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean)
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Set/Reset Deadlines: Plaintiffs Reply In Support Of Their Motions For Class Certification And Preliminary Injunction due by 5/3/2021. (mac)
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MINUTE ORDER granting #103 joint motion to continue to hold in abeyance Plaintiffs' Motions for Class Certification and Classwide Permanent Injunction until May 3, 2021. Plaintiffs shall file their reply in support of their motions for class certification and preliminary injunction on May 3, 2021. Signed by Judge Emmet G. Sullivan on 4/26/2021. (lcegs3)
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Filing 104
NOTICE of Appearance by Tamara Goodlette on behalf of All Plaintiffs (Goodlette, Tamara)
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Filing 103
Joint MOTION to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean) Modified on 4/23/2021 to correct event/text (zjf).
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Set/Reset Deadlines: Plaintiffs Reply In Support of Their Motions For Class Certification And Preliminary Injunction due by 4/22/2021. (mac)
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MINUTE ORDER granting #102 joint motion to continue to hold in abeyance Plaintiffs' Motions for Class Certification and Classwide Permanent Injunction until April 22, 2021. It is FURTHER ORDERED that Plaintiffs shall file their reply in support of their motions for class certification and preliminary injunction by no later than April 22, 2021. Signed by Judge Emmet G. Sullivan on 4/12/2021. (lcegs3)
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Filing 102
Joint MOTION to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean)
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Filing 101
NOTICE OF WITHDRAWAL OF APPEARANCE as to ALL PLAINTIFFS. Attorney Celso Perez terminated. (Gelernt, Lee)
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Set/Reset Deadlines: Plaintiffs Reply In Support Of Their Motions For Class Certification And Preliminary Injunction due by 4/12/2021. (mac)
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MINUTE ORDER granting #100 joint motion to continue holding in abeyance Plaintiffs' motions for class certification and classwide preliminary injunction. It is FURTHER ORDERED that Plaintiffs shall file their reply in support of their motions for class certification and preliminary injunction by no later than April 12, 2021. Signed by Judge Emmet G. Sullivan on 4/2/2021. (lcegs3)
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Filing 100
Joint MOTION To Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean) Modified on 4/2/2021 (zjf).
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Set/Reset Deadlines: Plaintiff Reply due by 4/2/2021. (mac)
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Filing 99
Joint MOTION to Continue Holding in Abeyance Plaintiffs' Motions for Class Certification and Preliminary Injunction by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean) Modified on 3/22/2021 to correct docket event/text(zjf).
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MINUTE ORDER granting #98 consent motion to vacate answer deadline and set joint status report deadline. It is hereby ORDERED that the March 22, 2021 deadline for Defendants to answer or otherwise respond to the Amended Complaint is VACATED. It is FURTHER ORDERED that the parties shall file a joint status report within fourteen days from the date of the Court's decisions on Plaintiffs' Motions for Class Certification and Classwide Preliminary Injunction. Signed by Judge Emmet G. Sullivan on 3/22/2021. (lcegs3)
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MINUTE ORDER granting #97 joint motion for entry of a stipulated protective order. The terms presented in [97-1] Stipulated Protective Order are hereby incorporated by reference into this Order. Signed by Judge Emmet G. Sullivan on 3/22/2021. (lcegs3)
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MINUTE ORDER granting #99 joint motion to continue to hold in abeyance Plaintiffs' Motions for Class Certification and Classwide Permanent Injunction until April 2, 2021. Plaintiffs shall file their reply in support of their motions by no later than April 2, 2021. Signed by Judge Emmet G. Sullivan on 3/22/2021. (lcegs3)
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Filing 98
Consent MOTION to Vacate Answer Deadline and Set Joint Status Report Deadline by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean)
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Filing 97
Joint MOTION for Protective Order by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Attachments: #1 Proposed Stipulated Protective Order)(Tepe, Sean)
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Filing 96
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/21/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/22/2021. (Cheung, Ming)
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Filing 95
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/19/2021. (Cheung, Ming)
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Filing 94
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 1/25/2021; JONATHAN FAHEY served on 1/19/2021; WILLIAM A. FERRARA served on 1/19/2021; PETER T. GAYNOR served on 1/19/2021; MARK A. MORGAN served on 1/19/2021; ROBERT R. REDFIELD served on 1/19/2021; RODNEY S. SCOTT served on 1/19/2021 (Cheung, Ming)
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Filing 93
NOTICE of Appearance by Karla Vargas on behalf of All Plaintiffs (Vargas, Karla)
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Filing 92
NOTICE of Appearance by Geroline A Castillo on behalf of INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Castillo, Geroline)
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Filing 91
ENTERED IN ERROR AS A DUPLICATE DE#90 ..SEALED Declaration of Bebeto Pierrot filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf) Modified on 2/26/2021 (zjf).
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Set/Reset Deadlines: Plaintiffs Reply In Support Of Their Motions For Class Certification And Preliminary Injunction due by 3/23/2021. (mac)
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Filing 87
Joint MOTION to Stay Joint Motion to Hold in Abeyance Plaintiffs' Class Certification and Preliminary Injunction Motions by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO N. MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Tepe, Sean)
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MINUTE ORDER granting #87 joint motion to hold in abeyance Plaintiffs' motions for class certification and classwide preliminary injunction. It is FURTHER ORDERED that either party may request termination of the abeyance by filing a motion seeking such relief. It is FURTHER ORDERED that Plaintiffs shall file their reply in support of their motions for class certification and preliminary injunction by no later than March 23, 2021. Signed by Judge Emmet G. Sullivan on 2/23/2021. (lcegs3)
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Filing 90
SEALED DOCUMENT (Declaration of Bebeto Pierrot) filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(znmw)
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MINUTE ORDER treating as opposed and granting over objection #85 Emergency Motion to Stay Removal. In view of the arguments presented by Plaintiffs in their motion, the Court's February 1, 2021 Minute Order, and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removal of the following family is STAYED pending further order of this Court: Bebeto Pierrot, SID 369-772-300, Nadine Remilus, SID 369-772-363, and their minor child M.A.P., SID 369-868-214. This Order is subject to reconsideration for good cause shown by no later than February 22, 2021 at 3:00 PM. Signed by Judge Emmet G. Sullivan on 2/22/2021. (lcegs3)
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MINUTE ORDER granting #86 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Emmet G. Sullivan on 2/22/2021. (lcegs3)
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Set/Reset Deadlines: Motion For Reconsideration due no later than 3:00PM on 2/22/2021. (mac)
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Filing 86
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Bebeto Pierrot)(Russell, Morgan)
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Filing 85
Emergency MOTION to Stay Removal of the Pierrot Family by ALL PLAINTIFFS. (Attachments: #1 Text of Proposed Order)(Russell, Morgan)
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Filing 84
SEALED Declaration of Francois filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf)
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Filing 83
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Francois)(Gelernt, Lee)
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Filing 82
Emergency MOTION to Stay Removal by ALL PLAINTIFFS. (Attachments: #1 Text of Proposed Order)(Gelernt, Lee)
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Set/Reset Deadlines: Motion For Reconsideration due no later than 7:00PM on 2/18/2021. (mac)
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MINUTE ORDER granting #83 sealed motion for leave to file document under seal. Signed by Judge Emmet G. Sullivan on 2/19/2021. (lcegs3)
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Set/Reset Deadlines: Motion For Reconsideration due no later than 3:00PM on 2/19/2021. (mac)
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MINUTE ORDER treating as opposed and granting over objection #82 Emergency Motion to Stay Removal. In view of the arguments presented by Plaintiffs in their motion, the Court's February 1, 2021 Minute Order, and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removal of the following family is STAYED pending further order of this Court: Fredenel Francois (SID 369-772-515), Guyvlena Malvoisin, (SID 369-772-487), and their minor child, P.A.S.G.M. (SID 369-772-547). This Order is subject to reconsideration for good cause shown by no later than February 19, 2021 at 3:00 PM. Signed by Judge Emmet G. Sullivan on 2/19/2021. (lcegs3)
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Filing 89
SEALED Declaration of Torres-Rojas filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf)
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Filing 88
SEALED Declaration of Bebeto Pierrot filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf)
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Filing 81
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Torres-Rojas)(Gelernt, Lee)
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Filing 80
Emergency MOTION to Stay Removal by ALL PLAINTIFFS. (Attachments: #1 Text of Proposed Order)(Gelernt, Lee)
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MINUTE ORDER treating as opposed and granting over objection #80 Emergency Motion to Stay Removal. In view of the arguments presented by Plaintiffs in their motion, the Court's February 1, 2021 Minute Order, and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removal of the following family is STAYED pending further order of this Court: Paola Trinidad Torres-Rojas (SID 369-842-359) and her minor child M.J.Z.T. (SID 369- 842-362). This Order is subject to reconsideration for good cause shown by no later than February 18, 2021 at 7:00 PM. Signed by Judge Emmet G. Sullivan on 2/18/2021. (lcegs3)
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MINUTE ORDER granting #81 sealed motion for leave to file document under seal. Signed by Judge Emmet G. Sullivan on 2/18/2021. (lcegs3)
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Filing 76
Memorandum in opposition to re #23 MOTION to Certify Class , #57 MOTION for Preliminary Injunction filed by NORRIS COCHRAN, WILLIAM A. FERRARA, TAE D. JOHNSON, ALEJANDRO MAYORKAS, TROY MILLER, RODNEY S. SCOTT, ROCHELLE P. WALENSKY. (Attachments: #1 Exhibits A-E, #2 Declaration of Troy Miller, #3 Declaration of Russell Hott)(Tepe, Sean)
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Filing 79
AMICUS BRIEF by HISTORIANS. (znmw)
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Filing 78
AMICUS BRIEF by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (znmw)
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Filing 77
AMICUS BRIEF by T. ALEXANDER ALEINIKOFF, DEBORAH ANKER, JAMES C. HATHTAWAY, GERALD L. NEUMAN. (znmw)
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Filing 75
NOTICE of Appearance by Noah A. Levine on behalf of T. ALEXANDER ALEINIKOFF, DEBORAH ANKER, JAMES C. HATHTAWAY, GERALD L. NEUMAN (Levine, Noah)
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MINUTE ORDER granting #51 motion for leave to appear pro hac vice. Noah A. Levine is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 2/11/2021. (lcegs3)
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MINUTE ORDER granting #62 motion for leave to appear pro hac vice. Tamara F. Goodlette is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 2/11/2021. (lcegs3)
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MINUTE ORDER granting #52 Unopposed MOTION for Leave to File a Brief for Scholars of Refugee and Immigration Law as Amici Curiae in Support of Plaintiffs' Motion for Class-wide Preliminary Injunction. The [52-1] amicus brief shall be deemed filed as of February 11, 2021. Signed by Judge Emmet G. Sullivan on 2/11/2021. (lcegs3)
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MINUTE ORDER granting #54 MOTION for Leave to File Amicus Curiae Brief by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. The [54-1] amicus brief shall be deemed filed as of February 11, 2021. Signed by Judge Emmet G. Sullivan on 2/11/2021. (lcegs3)
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MINUTE ORDER granting #56 Unopposed MOTION for Leave to File Amicus Curiae Brief by Historians. The [56-1] amicus brief shall be deemed filed as of February 11, 2021. Signed by Judge Emmet G. Sullivan on 2/11/2021. (lcegs3)
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Filing 74
NOTICE of Appearance by Omar C. Jadwat on behalf of All Plaintiffs (Jadwat, Omar)
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Filing 73
NOTICE of Appearance by Morgan Russell on behalf of All Plaintiffs (Russell, Morgan)
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Filing 72
NOTICE of Appearance by Ming Cheung on behalf of All Plaintiffs (Cheung, Ming)
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Filing 71
NOTICE of Appearance by Daniel Antonio Galindo on behalf of All Plaintiffs (Galindo, Daniel)
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Filing 69
NOTICE of Appearance by Cody H. Wofsy on behalf of All Plaintiffs (Wofsy, Cody)
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Filing 68
NOTICE of Appearance by Stephen Bonggyun Kang on behalf of All Plaintiffs (Kang, Stephen)
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Set/Reset Deadlines: Motion For Reconsideration due no later than 12:00PM on 2/9/2021. (mac)
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Filing 70
SEALED Declaration of Clema Thomas,David Jean, Danie Lalune, Ketlene Emile filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf)
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Filing 62
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tamara F. Goodlette, Filing fee $ 100, receipt number ADCDC-8180349. Fee Status: Fee Paid. by BEDAPHECA ALCANTE, B.A.M.M., B.V.-A., FIDETTE BOUTE, D.J.T.-B., D.J.Z., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., J.A.Z., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA, T.J.T.-B., MARTHA LILIANA TADAY-ACOSTA, JULIEN THOMAS, ROMILUS VALCOURT. (Perez, Celso)
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MINUTE ORDER granting #61 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Emmet G. Sullivan on 2/9/2021. (lcegs3)
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MINUTE ORDER treating as opposed and granting over objection #60 Emergency Motion to Stay Removal. In view of the arguments presented by Plaintiffs in their motion, the Court's February 1, 2021 Minute Order, and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removal of the following families are STAYED pending further order of this Court: Ketlene Emile (SID#369-736-280), Michel Riverson Cliff Salis Desenclos (SID#369- 736-194), and their minor child A.D.E. (SID#369-736-308); David Jean (SID# 369-789-160), Edwidge Civil (SID#369-789-185), and their minor child A.J. (SID#369-789-192); Danie Lalune (SID# 369-782-922), Wesley Lalune (SID# 369-782-907), and their two minor children D.L. (SID# 369-782-935) and C.M.L. (SID# 369-782-949); Clema Thomas (SID#369-781-406), Lyesse Sylen (SID#369-783-314), and their minor children A.G.T.S. (SID#369-781-423) and A.G.D. (SID#369-783-326). This Order is subject to reconsideration for good cause shown by no later than February 9, 2021 at 12:00 PM. Signed by Judge Emmet G. Sullivan on 2/9/2021. (lcegs3)
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Filing 61
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Clema Thomas, #3 Declaration of David Jean, #4 Declaration of Danie Lalune, #5 Declaration of Ketlene Emile)(Crook, Jamie)
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Filing 60
Emergency MOTION to Stay Removal of Desenclos/Emile, Jean, Lalune, and Thomas Families by ALL PLAINTIFFS. (Attachments: #1 Text of Proposed Order)(Crook, Jamie)
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Set/Reset Deadlines: Motion For Reconsideration due no later than 8:00PM on 2/6/2021. (mac)
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Filing 63
SEALED Declaration of Gesnel Apollon re #58 Emergency MOTION to Stay Removal of Apollon Family filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf)
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MINUTE ORDER granting #59 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Emmet G. Sullivan on 2/6/2021. (lcegs3)
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MINUTE ORDER treating as opposed and granting over objection #58 Emergency Motion to Stay Removal. In view of the arguments presented by Plaintiffs in their motion, the Court's February 1, 2021 Minute Order, and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removal of the following family is STAYED pending further order of this Court: Gesnel Apollon (SID 369-778-765), Elourdes Bergel (SID#369-778-770), and their minor child, J.A., SID#369-778-776. This Order is subject to reconsideration for good cause shown by no later than February 6, 2021 at 8:00 PM. Signed by Judge Emmet G. Sullivan on 2/6/2021. (lcegs3)
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Filing 67
SEALED Declaration of Fabiana Ferreira Da Costa filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf)
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Filing 59
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Gesnel Apollon)(Crook, Jamie)
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Filing 58
Emergency MOTION to Stay Removal of Apollon Family by ALL PLAINTIFFS. (Attachments: #1 Text of Proposed Order)(Crook, Jamie)
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Filing 57
MOTION for Preliminary Injunction by BEDAPHECA ALCANTE, ALL PLAINTIFFS, B.A.M.M., B.V.-A., FIDETTE BOUTE, D.J.T.-B., D.J.Z., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., J.A.Z., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA, T.J.T.-B., MARTHA LILIANA TADAY-ACOSTA, JULIEN THOMAS, ROMILUS VALCOURT. (Attachments: #1 Memorandum in Support of Preliminary Injunction, #2 Text of Proposed Order, #3 Index of Exhibits, #4 Declaration of Ming Cheung, #5 Exhibit A-I, #6 Declaration of Public Health Experts, #7 Exhibit A-D, #8 Declaration of Javier Hidalgo, #9 Declaration of Allison Herre, #10 Declaration of Linda Corchado, #11 Declaration of Lisa Frydman, #12 Declaration of Taylor Levy)(Gelernt, Lee)
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Filing 56
Unopposed MOTION for Leave to File Amicus Curiae Brief by Historians. (Attachments: #1 Exhibit Proposed Amicus Brief, #2 Text of Proposed Order)(Tolentino, Raymond)
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Filing 55
NOTICE of Appearance by Raymond P. Tolentino on behalf of Historians (Tolentino, Raymond)
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Filing 54
MOTION for Leave to File Amicus Curiae Brief by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (Attachments: #1 Exhibit Proposed Amicus Brief, #2 Text of Proposed Order)(Austin, Kathryn)
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Filing 53
NOTICE of Appearance by Lee Gelernt on behalf of All Plaintiffs (Gelernt, Lee)
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Filing 52
Unopposed MOTION for Leave to File a Brief for Scholars of Refugee and Immigration Law as Amici Curiae in Support of Plaintiffs' Motion for Classwide Preliminary Injunction by T. Alexander Aleinikoff, Deborah Anker, James C. Hathaway, Gerald L. Neuman. (Attachments: #1 Proposed Amicus Brief, #2 Text of Proposed Order)(Wolfson, Paul)
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Filing 51
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Noah A. Levine, Filing fee $ 100, receipt number ADCDC-8169810. Fee Status: Fee Paid. by T. Alexander Aleinikoff, Deborah Anker, James C. Hathaway, Gerald L. Neuman. (Attachments: #1 Declaration of Noah A. Levine, #2 Text of Proposed Order)(Wolfson, Paul)
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Filing 50
NOTICE of Appearance by Paul R.Q. Wolfson on behalf of T. Alexander Aleinikoff, Deborah Anker, James C. Hathaway, Gerald L. Neuman (Wolfson, Paul)
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Set/Reset Deadlines: Motion For Reconsideration due no later than 10:00PM on 2/4/2021. (mac)
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MINUTE ORDER granting #49 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Emmet G. Sullivan on 2/5/2021. (lcegs3)
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MINUTE ORDER treating as opposed and granting over objection #48 Emergency Motion to Stay Removal. In view of the arguments presented by Plaintiffs in their motion, the Court's February 1, 2021 Minute Order, and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removals of the following families are STAYED pending further order of this Court: Fabiana Ferreira Da Costa (SID 369-729-448), and her minor children M.A.L.F.C. (SID 369-729-454), K.R.F.D.C. (SID 369-729-457), and A.D.M.F.D.C. (SID 369-729-466). This Order is subject to reconsideration for good cause shown by no later than February 5, 2021 at 12:00 PM. Signed by Judge Emmet G. Sullivan on 2/5/2021. (lcegs3)
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Set/Reset Deadlines: Motion For Reconsideration due no later than 12:00PM on 2/5/2021. (mac)
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Filing 66
SEALED Declarations of Jean Louissaint Fleury, Thechelet Dieudonne, Pouchon Bien-Aime and Elyse Louima filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf)
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Filing 65
SEALED Declaration of JONNY DIEUDONNE filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf)
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Filing 64
SEALED Declaration of DIANA QUILLI-MARCA filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf)
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Filing 49
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BEDAPHECA ALCANTE, ALL PLAINTIFFS, B.A.M.M., B.V.-A., FIDETTE BOUTE, D.J.T.-B., D.J.Z., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., J.A.Z., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA, T.J.T.-B., MARTHA LILIANA TADAY-ACOSTA, JULIEN THOMAS, ROMILUS VALCOURT (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Fabiana Ferreira Da Costa)(Crook, Jamie)
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Filing 48
Emergency MOTION to Stay Removal by BEDAPHECA ALCANTE, ALL PLAINTIFFS, B.A.M.M., B.V.-A., FIDETTE BOUTE, D.J.T.-B., D.J.Z., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., J.A.Z., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA, T.J.T.-B., MARTHA LILIANA TADAY-ACOSTA, JULIEN THOMAS, ROMILUS VALCOURT. (Attachments: #1 Text of Proposed Order)(Crook, Jamie)
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Filing 47
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BEDAPHECA ALCANTE, ALL PLAINTIFFS, B.A.M.M., B.V.-A., FIDETTE BOUTE, D.J.T.-B., D.J.Z., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., J.A.Z., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA, T.J.T.-B., MARTHA LILIANA TADAY-ACOSTA, JULIEN THOMAS, ROMILUS VALCOURT (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Jean Louissaint Fleury, #3 Declaration of Thechelet Dieudonne, #4 Declaration of Pouchon Bien-Aime, #5 Declaration of Elyse Louima)(Crook, Jamie)
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Filing 46
Emergency MOTION to Stay Removal by BEDAPHECA ALCANTE, ALL PLAINTIFFS, B.A.M.M., B.V.-A., FIDETTE BOUTE, D.J.T.-B., D.J.Z., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., J.A.Z., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA, T.J.T.-B., MARTHA LILIANA TADAY-ACOSTA, JULIEN THOMAS, ROMILUS VALCOURT. (Attachments: #1 Text of Proposed Order)(Crook, Jamie)
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Filing 45
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BEDAPHECA ALCANTE, ALL PLAINTIFFS, B.A.M.M., B.V.-A., FIDETTE BOUTE, D.J.T.-B., D.J.Z., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., J.A.Z., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA, T.J.T.-B., MARTHA LILIANA TADAY-ACOSTA, JULIEN THOMAS, ROMILUS VALCOURT (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Diana Quilli-Marca)(Crook, Jamie)
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Filing 44
Emergency MOTION to Stay Removal by BEDAPHECA ALCANTE, ALL PLAINTIFFS, B.A.M.M., B.V.-A., FIDETTE BOUTE, D.J.T.-B., D.J.Z., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., J.A.Z., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA, T.J.T.-B., MARTHA LILIANA TADAY-ACOSTA, JULIEN THOMAS, ROMILUS VALCOURT. (Attachments: #1 Text of Proposed Order)(Crook, Jamie)
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Filing 43
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS, B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Jonny Dieudonne)(Crook, Jamie)
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Filing 42
Emergency MOTION to Stay Removal by ALL PLAINTIFFS, B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Attachments: #1 Text of Proposed Order)(Crook, Jamie)
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MINUTE ORDER treating as opposed and granting over objection #42 Emergency Motion to Stay Removal. In view of the arguments presented by Plaintiffs in their motion, the Court's February 1, 2021 Minute Order, and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removals of Jonny Dieudonne (SID 369-745-541), Nathalie Decilian (SID 369-745-608), and their minor child N.J.D.D. (SID 369-745-546) are STAYED pending further order of this Court. This Order is subject to reconsideration for good cause shown by no later than February 4, 2021 at 12:00 PM. Signed by Judge Emmet G. Sullivan on 2/4/2021. (lcegs3)
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MINUTE ORDER treating as opposed and granting over objection #44 Emergency Motion to Stay Removal. In view of the arguments presented by Plaintiffs in their motion, the Court's February 1, 2021 Minute Order, and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removals of Diana Quilli-Marca (SID 369-752-319) and her minor child N.S.Q. (SID 369-752-531) are STAYED pending further order of this Court. This Order is subject to reconsideration for good cause shown by no later than February 4, 2021 at 10:00 PM. Signed by Judge Emmet G. Sullivan on 2/4/2021. (lcegs3)
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Set/Reset Deadlines: Plaintiffs Motion For Classwide Preliminary Injunction due by 2/5/2021. Defendants Combined Opposition To Plaintiffs' Motion For Class Certification And Motion For Classwide Preliminary Injunction due by 2/17/2021. Plaintiffs Combined Reply In Support Of Both Motions due by 2/23/2021.(mac)
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MINUTE ORDER granting #43 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL. Signed by Judge Emmet G. Sullivan on 2/4/2021. (lcegs3)
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MINUTE ORDER granting #45 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL. Signed by Judge Emmet G. Sullivan on 2/4/2021. (lcegs3)
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Set/Reset Deadlines: Reconsideration, If Any, due no later than 12:00PM on 2/4/2021. (mac)
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MINUTE ORDER treating as opposed and granting over objection #46 Emergency Motion to Stay Removal. In view of the arguments presented by Plaintiffs in their motion, the Court's February 1, 2021 Minute Order, and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removals of the following families are STAYED pending further order of this Court: Thechelet Dieudonne (SID 369-745-511), Juna Delphin (SID 369-745-516), and their minor child T.D. (SID 369-745-519); Pouchon Bien-Aime, (SID 369-780-070), Annediana Desir, (SID 369-780-063), and their minor child P.R.B.A.D. (SID 369-780-078); Jean Louissaint Fleury, (SID 369-780-176), Barbara Fleury Previl, (SID 369-780-197), and their minor children D.L.F. (SID 369-780-189) and M.L. (SID 369-780-181); Elyse Louima (SID 369-739-119), Filande Adolphe (SID 369-739-126), and their minor child E.L.A. (SID 369-739-133). This Order is subject to reconsideration for good cause shown by no later than February 4, 2021 at 10:00 PM. Signed by Judge Emmet G. Sullivan on 2/4/2021. (lcegs3)
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MINUTE ORDER granting #47 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Emmet G. Sullivan on 2/4/2021. (lcegs3)
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MINUTE ORDER granting #34 joint motion for scheduling order. The parties shall abide by the following briefing schedule: Plaintiffs shall file their motion for classwide preliminary injunction by no later than February 5, 2021; Defendants shall file their combined opposition to Plaintiffs' motion for class certification and motion for classwide preliminary injunction by no later than February 17, 2021; and Plaintiffs shall file their combined reply in support of both motions by no later than February 23, 2021. Signed by Judge Emmet G. Sullivan on 2/3/2021. (lcegs3)
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MINUTE ORDER granting #36 motion for leave to appear pro hac vice. Ming Cheung is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 2/3/2021. (lcegs3)
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MINUTE ORDER granting #35 motion for leave to appear pro hac vice. Stephen B. Kang is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 2/3/2021. (lcegs3)
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MINUTE ORDER granting #38 motion for leave to appear pro hac vice. Lee Gelernt is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 2/3/2021. (lcegs3)
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MINUTE ORDER granting #37 motion for leave to appear pro hac vice. Cody Wofsy is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 2/3/2021. (lcegs3)
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MINUTE ORDER granting #39 motion for leave to appear pro hac vice. Morgan Russell is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 2/3/2021. (lcegs3)
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MINUTE ORDER granting #41 motion for leave to appear pro hac vice. Omar Jadwat is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 2/3/2021. (lcegs3)
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MINUTE ORDER granting #40 motion for leave to appear pro hac vice. Daniel Galindo is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 2/3/2021. (lcegs3)
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Filing 41
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Omar Jadwat, Filing fee $ 100, receipt number ADCDC-8156091. Fee Status: Fee Paid. by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Perez, Celso)
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Filing 40
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel Galindo, Filing fee $ 100, receipt number ADCDC-8155744. Fee Status: Fee Paid. by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Perez, Celso)
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Filing 39
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Morgan Russell, Filing fee $ 100, receipt number ADCDC-8155725. Fee Status: Fee Paid. by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Perez, Celso)
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Filing 38
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lee Gelernt, Filing fee $ 100, receipt number ADCDC-8155714. Fee Status: Fee Paid. by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Perez, Celso)
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Filing 37
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cody Wofsy, Filing fee $ 100, receipt number ADCDC-8155680. Fee Status: Fee Paid. by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Perez, Celso)
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Filing 36
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ming Cheung, Filing fee $ 100, receipt number ADCDC-8155543. Fee Status: Fee Paid. by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Perez, Celso)
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Filing 35
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen B. Kang, Filing fee $ 100, receipt number ADCDC-8155498. Fee Status: Fee Paid. by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Perez, Celso)
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Filing 34
Joint MOTION for Scheduling Order by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Attachments: #1 Text of Proposed Order)(Perez, Celso)
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Filing 33
RESPONSE TO ORDER OF THE COURT re Order on Motion to Stay,,,,,, filed by ALEX M. AZAR, II, JONATHAN FAHEY, WILLIAM A. FERRARA, PETER T. GAYNOR, TROY MILLER, MARK A. MORGAN, DAVID PEKOSKE, ROBERT R. REDFIELD, RODNEY S. SCOTT. (Tepe, Sean)
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Filing 32
SEALED Declarations of Fils Aime, Ladouceur, Louis, Myrtil, Sabino & Santos De Paula filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf)
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Filing 31
REPLY to opposition to motion re #28 Emergency MOTION to Stay Removal filed by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Perez, Celso)
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Filing 30
RESPONSE TO ORDER OF THE COURT re Order, Response to January 31, 2021 Minute Order filed by ALEX M. AZAR, II, JONATHAN FAHEY, WILLIAM A. FERRARA, PETER T. GAYNOR, TROY MILLER, MARK A. MORGAN, DAVID PEKOSKE, ROBERT R. REDFIELD, RODNEY S. SCOTT. (Tepe, Sean)
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Set/Reset Deadlines: Government Response due no later than 8:00AM on 2/1/2021. Plaintiffs Reply due no later than 12:00PM on2/1/2021. (mac)
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MINUTE ORDER granting, over objection, #28 Emergency Motion to Stay Removal. Although the government notes in its #30 Response that, on January 31, 2021, the U.S. Court of Appeals for the District of Columbia ("D.C. Circuit") stayed the class-wide preliminary injunction in P.J.E.S. v. Wolf, No. 20-cv-2245 (D.D.C.), see Order, P.J.E.S. v. Pekoske, No. 20-5357 (D.C. Cir. Jan. 29, 2021), the government does not, and cannot, argue that the D.C. Circuit's order requires denial of #28 Emergency Motion to Stay Removal because the D.C. Circuit's order is not published and was issued without opinion or reasoning. Accordingly, in view of the arguments presented by Plaintiffs, and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removals of the following six families are STAYED pending further order of this Court: Evens Fils Aime (SID 369-703-977), Shnaidere Altenord (SID 369-703-992), and their minor child A.F.A.A. (SID 369-704-002); Rijkaard Ladouceur (SID 369-690-928), Miralia Fleurima (SID 369-690-930), and their minor children N.F. (SID 369-690-940) and B.R.L.F. (SID 369-690-944); Frenzy Joseph Louis (SID 369-627-368), Rose Maria Bien-Aime (SID 369-627-371), and their minor child H.G.L. (SID 369-627-374); Djimytoo Myrtil (SID 369-705-242), Lunda Odilus (SID 369-705-228), and their minor child M.Y.M.O. (SID 369-705-252); Eric Lenes Sabino (SID 369-694-161), Elisandra de Lima Borges (SID 369-694-170), and their minor children K.C.S.B. (SID 369-694-176) and K.V.S.B. (SID 369-694-183); Josimar Santos de Paula (SID 369-695-923), and his minor child K.V.S.D.P. (SID 369- 695-934). Signed by Judge Emmet G. Sullivan on 2/1/2021. (lcegs3)
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MINUTE ORDER granting #29 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL. Signed by Judge Emmet G. Sullivan on 2/1/2021. (lcegs3)
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Filing 29
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Fils Aime, #3 Declaration of Ladouceur, #4 Declaration of Louis, #5 Declaration of Myrtil, #6 Declaration of Sabino, #7 Declaration of Santos De Paula)(Perez, Celso)
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Filing 28
Emergency MOTION to Stay Removal by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Attachments: #1 Text of Proposed Order)(Perez, Celso)
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MINUTE ORDER. In view of #28 Emergency Motion to Stay Removal, the government is directed to file a response by no later than February 1, 2021 at 8:00 AM. Plaintiffs shall file a reply by no later than February 1, 2021 at 12:00 PM. Signed by Judge Emmet G. Sullivan on 1/31/2021. (lcegs3)
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Filing 27
SEALED Declarations of Casy, De Oliveira, Zami and Lataro filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf) (Main Document 27 replaced on 1/31/2021) (zjf).
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Filing 26
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Casy, #3 Declaration of De Oliveira, #4 Declaration of Zami, #5 Declaration of Lataro)(Perez, Celso)
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Filing 25
Emergency MOTION to Stay Removal by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Attachments: #1 Text of Proposed Order)(Perez, Celso)
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MINUTE ORDER treating as opposed and granting over objection #25 emergency motion to stay removal. In view of the arguments presented by Plaintiffs in their motion and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removal of Kaio Joseph Lataro (SID 369-651-122), Carine Nathielle Pereira Brocanelli (SID 369-651-127, and their minor child M.L.B.L. (SID 369-651- 134); Jude Mary Zami (SID 369-696-796), Santhianie Aris (SID 369-696-835), and their minor child C.E.J.Z.A. (SID 369-696-868); Gracia Junior Casy (SID 369-706-088), Farah Casy Bescien (SID 369-706-084), and their minor child T.C. (SID 369-706-096); and Jessica Fernandes de Oliveira (SID 369-676-509) and her minor child J.F.L. (SID 369-676-502) is STAYED pending further order of the Court. This Order is subject to reconsideration for good cause shown by no later than January 29, 2021 at 6:00 PM. Signed by Judge Emmet G. Sullivan on 1/29/2021. (lcegs3)
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MINUTE ORDER granting #26 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL. Signed by Judge Emmet G. Sullivan on 1/29/2021. (lcegs3)
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Set/Reset Deadlines: Motion For Reconsideration due no later than 6:00PM on 1/29/2021. (mac)
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Filing 23
MOTION to Certify Class by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Attachments: #1 Memorandum in Support of Motion to Certify Class, #2 Declaration of Stephen B. Kang with Exhibits A and B, #3 Text of Proposed Order)(Perez, Celso)
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Filing 22
AMENDED COMPLAINT against All Defendants filed by B.A.M.M., H.N.D.S., H.T.D.S.D.S., I.M.C.H., JOSAINE PEREIRA-DE SOUZA, E.R.P.D.S., M.E.S.D.S., NANCY GIMENA HUISHA-HUISHA, VALERIA MACANCELA BERMEJO. (Attachments: #1 Exhibit A. Redline Amended Complaint)(Perez, Celso)
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Filing 24
SEALED DOCUMENT (Declaration) filed by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (This document is SEALED and only available to authorized persons.)(znmw)
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MINUTE ORDER granting #21 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL. Signed by Judge Emmet G. Sullivan on 1/27/2021. (lcegs3)
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Set/Reset Deadlines: Minute Order Reconsideration For Good Cause Shown due no later than 5:00PM on 1/27/2021. (mac)
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MINUTE ORDER treating as opposed and granting over objection #20 emergency motion to stay removal. In view of the arguments presented by Plaintiffs in their motion and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removal of Romilus Valcourt (SID 369-705-271), Bedapheca Alcante, (SID 369-705-293), and their minor child B.V.-A. (SID 369-705-304), is STAYED pending further order of the Court. This Order is subject to reconsideration for good cause shown by no later than January 27, 2021 at 5:00 PM. Signed by Judge Emmet G. Sullivan on 1/27/2021. (lcegs3)
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MINUTE ORDER granting #19 motion for leave to appear pro hac vice. Karla M. Vargas is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 1/27/2021. (lcegs3)
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Filing 21
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Valcourt)(Perez, Celso)
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Filing 20
Emergency MOTION to Stay Removal by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Attachments: #1 Text of Proposed Order)(Perez, Celso)
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Filing 19
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Karla M. Vargas, Filing fee $ 100, receipt number ADCDC-8127067. Fee Status: Fee Paid. by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Perez, Celso)
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Filing 18
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 1/25/21. (Attachment: #1 Exhibit 1) (mac)
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Set/Reset Deadlines: Plaintiff Amended Complaint due by 1/28/2021. (mac)
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Filing 16
Joint STATUS REPORT by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Perez, Celso)
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Set/Reset Deadlines: Joint Status Report due no later than 12:00PM on 1/21/2021 (mac)
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MINUTE ORDER. In view of #16 joint status report, Plaintiffs shall file their amended complaint by no later than January 28, 2021. Signed by Judge Emmet G. Sullivan on 1/21/2021. (lcegs3)
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Filing 15
REPLY re #2 Notice of Related Cases filed by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Perez, Celso) Modified on 1/20/2021 to correct docket link (zjf).
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Filing 17
SEALED DECLARATIONS filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf)
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Filing 14
RESPONSE re #2 Notice of Related Case filed by ALEX M. AZAR, II, JONATHAN FAHEY, WILLIAM A. FERRARA, PETER T. GAYNOR, MARK A. MORGAN, ROBERT R. REDFIELD, RODNEY S. SCOTT. (Tepe, Sean)
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Filing 13
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Declaration of Taday-Acosta, #3 Declaration of Thomas)(Perez, Celso)
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Filing 12
Emergency MOTION to Stay Removal by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (Attachments: #1 Text of Proposed Order)(Perez, Celso)
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Set/Reset Deadlines: Defendants Brief due 1/19/2021. Plaintiffs Brief due 1/21/2021. (mac)
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MINUTE ORDER granting #13 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL. Signed by Judge Emmet G. Sullivan on 1/19/2021. (lcegs3)
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MINUTE ORDER treating as opposed and granting over objection #12 emergency order to stay removal. In view of the arguments presented by Plaintiffs in their motion and for the reasons stated on the record at the January 12, 2021 Status Conference, it is hereby ORDERED that the removal of Martha Liliana Taday-Acosta (SID 369-635-597) and her minor children D.J.Z. (SID 369-635-599) and J.A.Z. (SID 369-635-605); and of Julien Thomas (SID 369-648-244), Fidette Boute (SID 369-648-252), and their minor children D.J.T.-B. (SID 369- 648-250) and T.J.T.-B. (SID 369-648-247), is STAYED pending further order of the Court. It is FURTHER ORDERED that the parties shall file a joint status report with a recommendation for further proceedings by no later than January 21, 2021 at 12:00 PM. This Order is subject to reconsideration for good cause shown by no later than January 19, 2021 at 8:00 PM. Signed by Judge Emmet G. Sullivan on 1/19/2021. (lcegs3)
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Filing 11
PROPOSED BRIEFING SCHEDULE Joint Proposed Briefing Schedule by ALEX M. AZAR, II, JONATHAN FAHEY, WILLIAM A. FERRARA, PETER T. GAYNOR, MARK A. MORGAN, ROBERT R. REDFIELD, RODNEY S. SCOTT. (Tepe, Sean)
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MINUTE ORDER. In view of Parties' #11 PROPOSED BRIEFING SCHEDULE concerning the specific issue of whether this case is related to Civil Action Number 20-2245, P.J.E.S. v. Wolf, the parties SHALL adhere to the following briefing schedule: Defendants shall file a brief with supporting points and authorities of no more than 10 pages in length by no later than January 19, 2021, and Plaintiffs shall file a brief with supporting points and authorities of no more than 10 pages in length by no later than January 21, 2021. Signed by Judge Emmet G. Sullivan on 1/15/2021. (lcegs2)
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Filing 10
NOTICE of Appearance by Jamie L. Crook on behalf of All Plaintiffs (Crook, Jamie) (Main Document 10 replaced on 1/14/2021) (zjf).
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Filing 9
SEALED Declarations filed by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. (This document is SEALED and only available to authorized persons.)(zjf)
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Set/Reset Deadlines: Joint Status Report due by 1/15/2021 (mac)
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SEALED MINUTE ORDER granting #4 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL. Signed by Judge Emmet G. Sullivan on 1/13/21. (mac)
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Filing 8
NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur)
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Filing 7
NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott)
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Filing 6
NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean)
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Filing 5
Emergency MOTION to Stay Removal by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA (Attachments: #1 Memorandum in Support of Emergency Motion for Stay of Removal, #2 Declaration of Andrea Meza, #3 Text of Proposed Order)(Perez, Celso)
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Filing 4
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declaration of Huisha-Huisha, #2 Declaration of Pereira-De Souza, #3 Declaration of Macancela Bermejo, #4 Text of Proposed Order)(Perez, Celso)
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Filing 3
SUMMONS (9) Issued Electronically as to ALEX M. AZAR, II, JONATHAN FAHEY, WILLIAM A. FERRARA, PETER T. GAYNOR, MARK A. MORGAN, ROBERT R. REDFIELD, RODNEY S. SCOTT, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, )
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Filing 2
NOTICE OF RELATED CASE by B.A.M.M., E.R.P.D.S., H.N.D.S., H.T.D.S.D.S., NANCY GIMENA HUISHA-HUISHA, I.M.C.H., M.E.S.D.S., VALERIA MACANCELA BERMEJO, JOSAINE PEREIRA-DE SOUZA. Case related to Case No. 20cv2245. (adh, )
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Filing 1
COMPLAINT against ALEX M. AZAR, II, JONATHAN FAHEY, WILLIAM A. FERRARA, PETER T. GAYNOR, MARK A. MORGAN, ROBERT R. REDFIELD, RODNEY S. SCOTT ( Filing fee $ 402 receipt number ADCDC-8066168) filed by B.A.M.M., H.N.D.S., H.T.D.S.D.S., I.M.C.H., JOSAINE PEREIRA-DE SOUZA, E.R.P.D.S., M.E.S.D.S., NANCY GIMENA HUISHA-HUISHA, VALERIA MACANCELA BERMEJO. (Attachments: #1 Civil Cover Sheet, #2 Notice of Related Cases, #3 Summons for all Defendants)(Perez, Celso)
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Case Assigned to Judge Emmet G. Sullivan. (adh, )
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MINUTE ORDER. The Court, sua sponte, schedules a Status Conference for January 12, 2021 at 6:00 PM via Teleconference. The parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. In view of Plaintiffs' #5 Emergency MOTION to Stay Removal, plaintiffs are HEREBY DIRECTED to contact forthwith the United States Attorneys Office for the District of Columbia and/or the Department of Justice as appropriate to identify government counsel. Signed by Judge Emmet G. Sullivan on 1/12/2021. (lcegs2)
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MINUTE ORDER granting, over objection, Plaintiffs' #5 Emergency MOTION to Stay Removal. In view of the arguments presented by Plaintiffs in their motion, the representations made by the Government, and for the reasons stated on the record at the January 12, 2021 Status Conference, Plaintiffs shall not be involuntarily removed from the United States pending further order of the Court. Parties shall file a Joint Proposed Scheduling Order by no later than January 15, 2021. In the forthcoming briefing, in addition to other arguments, parties shall address whether this case is related to Civil Action Number 20-2245, P.J.E.S. v. Wolf Signed by Judge Emmet G. Sullivan on 1/12/2021. (lcegs2)
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Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held via VTC on 1/12/2021. The Court Will Grant Motion Over Objection. Plaintiffs Not Involuntarily Moved Pending Further Order Of The Court. The Court Will Issue An Order. Parties Will Confer In Regard To Briefing Schedule. (Court Reporter LISA BANKINS.) (mac)
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Set/Reset Hearings: Status Conference set for 1/12/2021 at 6:00 PM in Telephonic/VTC before Judge Emmet G. Sullivan. (mac)
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