Garcia Diaz v. Acuff et al
Plaintiff: Ana Gabriela Garcia Diaz and Anton Garcia Diaz
Defendant: Tony H. Pham, Damon Acuff, Chad Wolf and Robert Guadian
Case Number: 3:2020cv01112
Filed: October 21, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Staci M Yandle
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2020 Filing 18 CLERK'S JUDGMENT in favor of Ana Gabriela Garcia Diaz against Chad Wolf, Damon Acuff, Robert Guadian, Tony H. Pham. Approved by Judge Staci M. Yandle on 12/14/2020. (beb)
December 14, 2020 Opinion or Order Filing 17 ORDER GRANTING IMMEDIATE RELEASE. The Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Sec. 2241 and Complaint for Injunctive Relief (Doc. #1 ) is GRANTED. Respondents are ORDERED to IMMEDIATELY RELEASE Ana Gabriela (Anton) Garcia Diaz pursuant to the conditions set forth in the order. Signed by Judge Staci M. Yandle on 12/14/2020. (beb)
November 18, 2020 Filing 16 STATUS REPORT Regarding Housing Status by Damon Acuff, Robert Guadian, Tony H. Pham, Chad Wolf. (Biersbach, Nicholas)
November 16, 2020 Opinion or Order Filing 15 ORDER granting #14 Motion for Leave to File Status Report Regarding Housing Status. Respondents' Status Report shall be filed on or before Wednesday, November 18, 2020. Signed by Judge Staci M. Yandle on 11/16/2020. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 16, 2020 Filing 14 MOTION for Leave to File Status Report Regarding Housing Status by Damon Acuff, Robert Guadian, Tony H. Pham, Chad Wolf. (Biersbach, Nicholas)
November 16, 2020 Set/Reset Deadlines: Respondents' Status Report due by 11/18/2020. (lmb)
November 13, 2020 Filing 13 NOTICE by Ana Gabriela Garcia Diaz re #1 Petition for Writ of Habeas Corpus, REPLY IN SUPPORT OF PETITION FOR HABEAS CORPUS (Attachments: #1 Exhibit A)(Mattson, Eric)
November 6, 2020 Opinion or Order Filing 12 ORDER: Respondent has filed a response (Doc. #11 ) to the Petition for Writ of Habeas Corpus, along with exhibits. Petitioner shall file any reply that he has to the factual or legal matters raised by Respondent on or before November 13, 2020. Additionally, if the Board of Immigration Appeals issues a decision on Petitioner's pending appeal and/or motion to remand during the pendency of this case, the parties shall notify the Court immediately of the outcome. Signed by Judge Staci M. Yandle on 11/6/2020. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 6, 2020 Filing 11 RESPONSE to Habeas Petition filed by Damon Acuff, Robert Guadian, Tony H. Pham, Chad Wolf. (Attachments: #1 Exhibit A (DO Aguilar Declaration), #2 Exhibit B (Warden Acuff Declaration))(Biersbach, Nicholas)
October 26, 2020 Filing 10 NOTICE of Appearance by Keren Hart Zwick on behalf of Ana Gabriela Garcia Diaz (Zwick, Keren)
October 26, 2020 Filing 9 NOTICE of Appearance by Nicholas J. Biersbach on behalf of Damon Acuff, Robert Guadian, Tony H. Pham, Chad Wolf (Biersbach, Nicholas)
October 26, 2020 Opinion or Order Filing 8 Order for Service of Process upon all Respondents. Respondents are ORDERED to answer the Petition or otherwise plead within fourteen (14) days after receipt of summons. As Garcia Diaz is represented by counsel, counsel is responsible for serving Respondents forthwith. Signed by Judge Staci M. Yandle on 10/26/2020. (beb)
October 26, 2020 Filing 7 Case Reassigned, per order at doc.6 to Judge Staci M. Yandle. Judge David W. Dugan no longer assigned to the case. (dkd)
October 23, 2020 Opinion or Order Filing 6 ORDER: This matter comes before the Court for case management. District Judge Staci M. Yandle presided over Petitioner's earlier filed habeas corpus action against Respondents Acuff and the U.S. Government official capacity Respondents (Case No. 20-cv-352-SMY). The instant action involves the same issues and parties as the earlier case. Cognizant of the Seventh Circuit's position that related cases filed within the same U.S. District Court should be transferred to (or consolidated before) a single District Judge, see, Smith v. Check-N-Go of Illinois, Inc., 200 F.3d 511, 513 n.1 (7th Cir. 1999); Blair v. Equifax Check Services, Inc., 181 F.3d 832, 839 (7th Cir. 1999), the Court TRANSFERS this case to Judge Yandle for further proceedings. All further pleadings shall bear the case number 20-cv-1112-SMY. Judge David W. Dugan no longer assigned to the case. Signed by Judge David W. Dugan on 10/23/2020. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 23, 2020 Opinion or Order Filing 5 ORDER granting #4 Motion to Appear Pro Hac Vice by Attorney Radhika Kannan. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 23, 2020 Filing 4 MOTION to Appear Pro Hac Vice by Attorney Radhika Kannan $200 fee paid,receipt number 0754-4316788 by on behalf of Ana Gabriela Garcia Diaz. (Kannan, Radhika)
October 22, 2020 Filing 3 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 20-1112-DWD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (jaj)
October 22, 2020 Judge David W. Dugan added. (jaj)
October 21, 2020 Filing 2 NOTICE of Appearance by Eric S. Mattson on behalf of Ana Gabriela Garcia Diaz (Mattson, Eric)
October 21, 2020 Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0754-4315016.), filed by Ana Gabriela Garcia Diaz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Civil Cover Sheet, #11 Summons Damon Acuff, #12 Summons Robert Guadian, #13 Summons Tony H. Pham, #14 Summons Chad Wolf)(Mattson, Eric)

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Defendant: Tony H. Pham
Represented By: Nicholas J. Biersbach
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Defendant: Damon Acuff
Represented By: Nicholas J. Biersbach
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Defendant: Chad Wolf
Represented By: Nicholas J. Biersbach
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Defendant: Robert Guadian
Represented By: Nicholas J. Biersbach
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Plaintiff: Ana Gabriela Garcia Diaz
Represented By: Eric S. Mattson
Represented By: Keren Hart Zwick
Represented By: Radhika Kannan
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Plaintiff: Anton Garcia Diaz
Represented By: Eric S. Mattson
Represented By: Keren Hart Zwick
Represented By: Radhika Kannan
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