Ruderman v. Kolitwenzew et al
| Aleksey A. Ruderman |
| Chad Kolitwenzew, Martha Medina, William P Barr and Chad Wolf |
| Aleksey Arkadyevich Ruderman |
| Martha Medina-Maltes |
| United States of America |
| 2:2020cv02082 |
| April 2, 2020 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on May 19, 2020. A more recent docket listing may be available from PACER.
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Filing 19
ORDER BY SUE E. MYERSCOUGH, U.S. District Judge, as to the parties' Joint Stipulation Regarding the Conditions of Release (d/e #18 ). SEE WRITTEN ORDER. Entered on 5/19/2020. (MJC, ilcd)
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| Filing 18 STIPULATION Regarding Conditions of Release (Joint) by United States of America.. (Klein, Kimberly) |
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Filing 17
ORDER AND OPINION: Petitioner Aleksey Arkadyevich Ruderman's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 (Doc. #1 ) is GRANTED. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 5/12/2020. (MJC, ilcd) Modified document type to Opinion on 5/12/2020 (MJC, ilcd).
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| Filing 16 REPLY to Response to Motion re #1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) filed by Petitioner Aleksey Arkadyevich Ruderman. (Attachments: #1 Exhibit)(Zimmerman, Timothy) |
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TEXT ORDER: The Government's Motion for Leave to File Excess Pages #14 is GRANTED. Entered by Judge Sue E. Myerscough on 4/30/2020. (MJC, ilcd)
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| Filing 15 RESPONSE to Motion re #1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) filed by Interested Party United States of America. (Attachments: #1 Exhibit 1 Kolitwenzew Declaration, #2 Attachment 1 to Kolitwenzew Declaration, #3 Attachment 2 to Kolitwenzew Declaration, #4 Attachment 3 to Kolitwenzew Declaration, #5 Exhibit 2 DelRivero Declaration, #6 Exhibit 3 4.10.20 Hearing Transcript)(Klein, Kimberly) |
| Filing 14 MOTION for Leave to File Excess Pages by Interested Party United States of America. Responses due by 5/12/2020 (Klein, Kimberly) |
| Filing 13 NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 4/10/2020, before Judge Sue E. Myerscough. Court Reporter/Transcriber K. Sullivan, Telephone number 217-492-4810. Transcript purchased by: AUSA Hilary Frooman. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/18/2020. Redacted Transcript Deadline set for 5/28/2020. Release of Transcript Restriction set for 7/27/2020. (MJC, ilcd) |
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TEXT ORDER: The Government's Motion to Substitute Attorney #12 is GRANTED. The Clerk is DIRECTED to replace Hilary W. Frooman with Kimberly Klein as counsel of record for Interested Party United States. Entered by Judge Sue E. Myerscough on 4/27/2020. (MJC, ilcd)
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| Filing 12 MOTION to Substitute Attorney, Hilary W. Frooman to be replaced by Kimberly Klein, by Interested Party United States of America. Responses due by 5/7/2020 (Klein, Kimberly) |
| Filing 11 NOTICE THAT ADDITIONAL BRIEFING ON THE MERITS OF THIS CASE IS REQUESTED re Order, (Attachments: #1 Attachment)(Frooman, Hilary) |
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TEXT ORDER: The Government has filed a Notice #11 requesting additional briefing, to which Petitioner has consented. Accordingly, the Government's additional briefing is due on or before April 28, 2020. Petitioner may file a reply on or before May 5, 2020. As the Court's injunctive relief ordering Petitioner's immediate relief was granted, in part, pursuant to Fed. R. Civ. P. 65(b), the Court interprets the Governments Notice as consenting to an extension of the temporary restraining order for the purpose of filing additional briefing. See Fed. R. Civ. P. 65(b)(2). Accordingly, to the extent Petitioner's release is based on the Court's authority under Fed. R. Civ. P. 65(b), the order does not expire for an additional 28 days from today. However, to the extent Petitioner's release is based on the Court's inherent authority in habeas corpus proceedings, the order does not expire until further order of this Court. Entered by Judge Sue E. Myerscough on 4/14/2020. (MJC, ilcd)
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TEXT ORDER: Respondent and Interested Party United States are to notify the Court by April 14, 2020 if they would like to submit additional briefing on the merits of the Petitioner's Petition. Entered by Judge Sue E. Myerscough on 4/13/2020. (MJC, ilcd)
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| Filing 10 +++ SEALED DOCUMENT - ORIGINAL--ORDER RE CONDITIONS-- DOCUMENT UNREDACTED (DM, ilcd) |
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Filing 9
ORDER SETTING CONDITIONS OF RELEASE. Entered by Judge Sue E. Myerscough on 04/10/2020. (DM, ilcd) (Main Document 9 replaced on 4/13/2020) (DM, ilcd). Address of Petitioner readacted--Modified on 4/13/2020 (DM, ilcd).
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Filing 8
ORDER: Petitioner request for immediate release is GRANTED. Respondent and the U.S. Immigration and Customs Enforcement shall immediately release Petitioner pending further order of the Court pursuant to the conditions of bond. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 4/10/2020. (ME, ilcd)
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| Filing 7 REPLY to Response to Motion re #1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) filed by Petitioner Aleksey Arkadyevich Ruderman. (Attachments: #1 Exhibit)(Zimmerman, Timothy) |
| Filing 6 RESPONSE to Motion re #1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) filed by Interested Party United States of America. (Attachments: #1 Ex. 1, #2 Ex. 2)(Frooman, Hilary) |
| Minute Entry for proceedings held before Judge Sue E. Myerscough: PETITION HEARING as to Petitioner's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 and Complaint for Injunctive Relief (d/e #1 ) held on 04/10/2020. U.S. District Judge Sue E. Myerscough and court personnel present via video. Petitioner Aleksey Arkadyevich Ruderman present via video from detention facility. Petitioner's counsel of record, Timothy M. Zimmerman present via video. Respondent's counsel of record, Nancy Ann Nicholson, present via phone. AUSA Hilary Frooman present via phone on behalf of Interested Party United States of America. Arguments heard. Ruling rendered with order to enter. Bond conditions read of record. Court adjourned. (Court Reporter K. Sullivan.) (DM, ilcd) |
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TEXT ORDER: As orally ordered in the hearing today in this matter, Petitioner's request for emergency injunctive relief is GRANTED pursuant to the Court's inherent authority to grant Petitioner bail pending the resolution of his habeas corpus petition and Fed. R. Civ. P. 65(b). Respondent and the U.S. Immigration and Customs Enforcement shall IMMEDIATELY RELEASE Petitioner Ruderman from custody pending further order of this Court pursuant to the Court's conditions of bond. The Government and the U.S. Immigration and Customs Enforcement is DIRECTED to IMMEDIATELY notify Jerome Combs Detention Center of this Order. Written Order to follow. Entered by Judge Sue E. Myerscough on 04/10/2010. (DM, ilcd)
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| Filing 5 VIDEO WRIT issued for Plaintiff's participation in the Motion Hearing on 4/10/2020 at 2:45 p.m. before Judge Sue E. Myerscough. (MJC, ilcd) |
| Filing 4 Attorney Instructions for Video Connection. (DM,ilcd) |
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TEXT ORDER: Petitioner is in civil immigration detention and has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Chad Kolitwenzew, as warden of the Jerome Combs Detention Center where Petitioner is being held, is the proper only Respondent. See Kholyavskiy v. Achim, 443 F.3d 946, 950-53 (7th Cir. 2006). Under Illinois law, 55 Ill. Comp. Stat. 5/3-9005(a)(4), it is the duty of the State's Attorney of Kankakee County to defend Respondent Kolitwenzew in this suit. The Clerk of the Court is DIRECTED to add Nancy Ann Nicholson of the Kankakee County State's Attorney Office as counsel of record for Respondent. Acting Director Martha Medina Maltes, Acting Secretary Chad F. Wolf, and Attorney General William Barr, are not proper respondents, and they are TERMINATED from this case. However, as has been done in other Central District of Illinois cases where the petitioner is detained under the authority of ICE, including Baez-Sanchez v. Kolitwenzew, 18-cv-2134, and de Miranda Mendes v. Kolitwenzew, 18-cv-2276, this Court DESIGNATES the United States as an Interested Party in this case. The U.S. Attorney's Office is hereby designated to represent the United States in this case. As ordered during the telephonic conference earlier today, the United States is ORDERED to respond to Petitioner's Petition on or before Friday, April 10, 2020 at 11:00 a.m. Respondent Kolitwenzew may file a response as well, but to the extent his position does not differ from that of the United States, it is not required. Petitioner may file a reply by 2:00 p.m. on Friday, April 10, 2020. A joint hearing with case number 20-2087 is scheduled for Friday, April 10, 2020 at 2:00 p.m. before Judge Sue E. Myerscough, with all parties appearing via video. Entered by Judge Sue E. Myerscough on 4/9/2020. (MJC, ilcd)
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TEXT ORDER: The Jerome Combs Detention Center will not be able do to a joint hearing with case 20-cv-2087 due to differing classifications of the petitioners. Accordingly, a hearing on Petitioner Ruderman's case will proceed on April 10, 2020 at 2:45 p.m. before Judge Sue E. Myerscough. The Court directs the Clerk to issue a video writ for the Petitioner's participation. Counsel are expected to appear in professional attire. Instructions for the video conference are included in docket entry #4 for the attorneys. Entered by Judge Sue E. Myerscough on 4/9/2020. (MJC, ilcd)
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TEXT ORDER: The Government's Motion to Substitute Attorney (d/e #3 ) is GRANTED. The Clerk is DIRECTED to substitute Hilary W. Frooman for Katherine Boyle as counsel of record for the United States in this matter. Entered by Judge Sue E. Myerscough on 4/8/2020. (MJC, ilcd)
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| Filing 3 MOTION to Substitute Attorney, Katherine Boyle to be replaced by Hilary W. Frooman, by Interested Party United States of America. Responses due by 4/21/2020 (Frooman, Hilary) |
| Filing 2 CERTIFICATE OF SERVICE by Aleksey Arkadyevich Ruderman (Zimmerman, Timothy) |
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TEXT ORDER OF RECUSAL entered by Judge Colin Stirling Bruce on 4/7/20. Judge Bruce hereby disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. Section 455(b)(2). Pursuant to instructions from Chief Judge Sara Darrow, this matter is reassigned to Judge Sue E. Myerscough for all further proceedings. (TC, ilcd) Modified on 4/7/20 to correct text (TC, ilcd).
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| Filing fee: $ 5.00, receipt number 14626036738 (RK, ilcd) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5 paid, receipt 14626036738.), filed by Aleksey A. Ruderman. (Attachments: #1 Exhibit Exs. 1-17, #2 Civil Cover Sheet, #3 Exhibit Certificate of Interest)(Zimmerman, Timothy) Modified on 4/7/20 to show filing fee paid (TC, ilcd). |
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