Louisiana v. Mayorkas et al
| State of Louisiana |
| U S Immigration & Customs Enforcement, Jonathan Mermin, Geo Group Inc, Centers for Disease Control & Prevention, U S Dept of Homeland Security, National Center for H I V Viral Hepatitis S T D & T B Prevention, Basile I C E Facility, Richwood Correctional Center, Alejandro Mayorkas, Patrick J Lechleitner, Mandy K Cohen, LaSalle Corrections and South Louisiana I C E Processing Facility |
| 6:2024cv01422 |
| October 16, 2024 |
| U.S. District Court for the Western District of Louisiana |
| David J Ayo |
| David C Joseph |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on November 20, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 NOTICE of Voluntary Dismissal by State of Louisiana (aty,Aguinaga, J) |
Filing 41
ORDER: Granting #40 Unopposed Motion to Continue Preliminary Injunction Hearing. Preliminary Injunction hearing set November 13, 2024 is terminated. Temporary Restraining Order is extended to November 20, 2024. Signed by Judge David C Joseph on 11/12/2024. (crt,LaCombe, L)
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| Filing 40 MOTION to Continue Hearing for 11/13/2024 and MOTION to Extend Temporary Restraining Order with consent by State of Louisiana. Motions referred to David J Ayo. Motion Ripe Deadline set for 11/11/2024. (Attachments: #1 Proposed order)(aty,Faircloth, Zachary). Added MOTION for Extension of on 11/12/2024 (Whitener, M). |
| Filing 39 AMENDED SUPPLEMENTAL EXHIBIT LIST AND WITNESS LIST by Centers for Disease Control & Prevention, Mandy K Cohen, National Center for H I V Viral Hepatitis S T D & T B Prevention, Jonathan Mermin, Alejandro Mayorkas, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Patrick J Lechleitner. (crt,Miletello, A) |
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Filing 38
ORDER granting #37 Motion to Amend/Correct Exhibit List and Witness List, Supplemental Exhibit and Witness List. Signed by Judge David C Joseph on 11/8/2024. (crt,Miletello, A)
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| Filing 37 MOTION to Amend/Correct #27 Exhibit List and Witness List, #32 Supplemental Exhibit and Witness List, with consent by Centers for Disease Control & Prevention, Mandy K Cohen, National Center for H I V Viral Hepatitis S T D & T B Prevention, Jonathan Mermin, Alejandro Mayorkas, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Patrick J Lechleitner. Motions referred to David J Ayo. Motion Ripe Deadline set for 11/8/2024. (Attachments: #1 Proposed order, #2 Proposed Amended Witness & Exhibit List)(aty,Bayard, Kristen) Modified docket text & document linkage on 11/8/2024 (Miletello, A). |
| Motions Transferred regarding #37 MOTION to Amend/Correct #27 Exhibit List and Witness List, #32 Supplemental Exhibit and Witness List. Motions referred to Judge David C Joseph. (crt,Miletello, A) |
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Filing 36
ORDER re 35 Oral Motion to Extend Temporary Restraining Order. The States motion to extend is GRANTED such that the hearing on the States Motion for Preliminary Injunction set for Thursday, October 31, 2024 is CONTINUED to Wednesday, November 13, 2024 at 9:00 a.m. in Courtroom 1 of the John M. Shaw United States Courthouse in Lafayette, Louisiana. The Court finds good cause under FED. R. CIV. P. 65(b)(2) given the developments mentioned above and discussions during the status conferences to extend the Temporary Restraining Order and, for those reasons, MODIFIES and further limits the scope of the Temporary Restraining Order. Signed by Judge David C Joseph on 10/30/2024. (crt,Taylor, L)
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| Filing 35 ORAL MOTION to Extend Temporary Restraining Order by State of Louisiana. Motions referred to Magistrate Judge David J Ayo. Motion Ripe Deadline set for 10/30/2024. (crt,Taylor, L) |
| Set/Reset Deadlines: Motion day set for 11/13/2024 09:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph. (crt,Taylor, L) |
| Filing 34 SURREPLY in Response to 2 MOTION For Temporary Restraining Order and Preliminary Injunction filed by Centers for Disease Control & Prevention, Mandy K Cohen, National Center for H I V Viral Hepatitis S T D & T B Prevention, Jonathan Mermin, Alejandro Mayorkas, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Patrick J Lechleitner. (aty,Smitherman, Shannon) Modified docket text on 10/30/2024 (Whitener, M). |
| Filing 33 PLAINTIFF'S SUPPLEMENTAL EXHIBIT LIST by State of Louisiana. (aty,Faircloth, Zachary) Modified docket text on 10/30/2024 (Whitener, M). |
| Filing 32 SUPPLEMENTAL EXHIBIT AND WITNESS LIST re #27 Exhibit List by Centers for Disease Control & Prevention, Mandy K Cohen, National Center for H I V Viral Hepatitis S T D & T B Prevention, Jonathan Mermin, Alejandro Mayorkas, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Patrick J Lechleitner. (aty,Smitherman, Shannon) Modified on 10/30/2024 (Whitener, M). Modified docket text on 10/30/2024 (Whitener, M). |
| Filing 31 MINUTES AND ORDER for proceedings held before Magistrate Judge David J Ayo: STATUS CONFERENCE held on 10/29/2024 via video teleconference. It is ORDERED that a follow-up Status Conference is set for 10/30/2024 at 10:00 AM by video conference before Magistrate Judge David J Ayo. (Court Reporter: VTC) (crt,Chicola, C) |
| Filing 30 REPLY in Response to 2 Motion for Temporary Restraining Order and Motion for Preliminary Injunction by State of Louisiana . (Attachments: #1 Exhibit A-Declaration of Dr. Pete Croughan, M.D.)(aty,Faircloth, Zachary) Modified on 10/29/2024 (Whitener, M). |
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Filing 29
ELECTRONIC ORDER:- It is hereby ORDERED that a Magistrate Judge Status Conference is set for Tuesday, 10/29/2024 at 10:00 AM by video conference before Magistrate Judge David J Ayo. Counsel will receive an email with instructions for joining the video conference. Signed by Magistrate Judge David J Ayo on 10/28/2024. (crt,Schutz, E)
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| FILING FEE RECEIVED: on behalf of State of Louisiana in the amount of $405.00, receipt number 500003280. RECEIVED Pro Hac Vice fee on behalf of State of Louisiana from J. Benjamin Aguinaga in the amount of $105.00, receipt number 500003280. (crt,Breite, S) |
| NOTICE of Corrective Action regarding #28 Answer to Complaint. Action taken: Answer to Complaint changed to a Memorandum in Opposition to 2 Motion for Temporary Restraining Order and Motion for Preliminary Injunction. (crt,Whitener, M) |
| Filing 28 MEMORANDUM in Opposition to 2 Motion for Temporary Restraining Order and Motion for Preliminary Injunction by Centers for Disease Control & Prevention, Mandy K Cohen, National Center for H I V Viral Hepatitis S T D & T B Prevention, Jonathan Mermin, Alejandro Mayorkas, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Patrick J Lechleitner. (Attachments: #1 Exhibit A - Declaration of Dr. Ada Rivera, #2 Exhibit B - Declaration of Scott G. Ladwig, #3 Exhibit C - Declaration of Jonathan Wortham)(aty,Bayard, Kristen) Modified on 10/28/2024 (Whitener, M). |
| Filing 27 EXHIBIT LIST and Witness List by Centers for Disease Control & Prevention, Mandy K Cohen, National Center for H I V Viral Hepatitis S T D & T B Prevention, Jonathan Mermin, Alejandro Mayorkas, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Patrick J Lechleitner. (aty,Bayard, Kristen) |
| Filing 26 EXHIBIT LIST and Witness List by State of Louisiana. (Attachments: #1 Witness List)(aty,Faircloth, Zachary) |
| Filing 25 EXHIBIT LIST AND WITNESS LIST by Geo Group Inc. (aty,Theunissen, Laura) |
| Filing 24 ANSWER to #20 Complaint, by Geo Group Inc. (Attachments: #1 Memorandum / Brief In Support of Answer to Complaint)(aty,Theunissen, Laura) Modified docket text on 10/28/2024 (Whitener, M). |
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Filing 23
JOINT SCHEDULING ORDER for Preliminary Injunction hearing set for 10/31/2024 at 9:00 a.m. Response due by 10/25/2024. Deadline for Witness and Exhibit Lists 10/25/2024. Reply to response due 10/28/2024. Sur-reply due 10/29/2024. Any amendments/supplements to Witness/Exhibit Lists due 10/29/2024. Signed by Judge David C Joseph on 10/23/2024. (crt,Keifer, K) (Main Document 23 replaced on 10/24/2024) (LaCombe, L).
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| Filing 22 MINUTES for proceedings held before Judge David C Joseph. PRETRIAL CONFERENCE held via Zoom Video Conference on 10/22/2024. Rule 65 Preliminary Injunction Hearing RESET for 10/31/2024 at 9:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph. The Court further ordered the parties to confer and submit a proposed joint scheduling with appropriate deadlines for submission of pre-hearing briefing, witness lists, and exhibit lists by COB October 23, 2024. (Court Reporter: VTC) (crt,LaCombe, L) |
| Filing 21 REDACTED MEMORANDUM in Support re 2 SEALED MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by State of Louisiana. (Attachments: #1 Redacted Exhibit 1, #2 Redacted Exhibit 2)(crt,Thomas, T) (Attachment 1 replaced on 10/23/2024) (LaCombe, L). |
| Filing 20 REDACTED COMPLAINT against Mandy K Cohen, Centers for Disease Control & Prevention, Geo Group Inc, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, LaSalle Corrections, Patrick J Lechleitner, Alejandro Mayorkas, Jonathan Mermin, National Center for H I V Viral Hepatitis S T D & T B Prevention, Richwood Correctional Center, South Louisiana I C E Processing Facility filed by State of Louisiana.(crt,Thomas, T) |
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Filing 19
ORDER granting 11 Motion to Unseal Case; granting 11 Motion for Leave to File Redacted Pleadings. Signed by Judge David C Joseph on 10/22/2024. (crt,Thomas, T)
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| Filing 18 NOTICE of Appearance by Leah DeCelle Sumrall on behalf of Richwood Correctional Center, LaSalle Corrections (Attorney Leah DeCelle Sumrall added to party Richwood Correctional Center(pty:dft), LaSalle Corrections(pty:dft)) (crt,Alexander, E) |
| Filing 17 ELECTRONIC MINUTE ENTRY: Pretrial Conference set for 10/22/2024 at 3:00 PM via Zoom Video Conference before Judge David C Joseph. An email invitation will be forwarded to all counsel of record. Copy of Electronic Minute Entry forwarded via Sealed Email to all counsel of record by CRD this date. Signed by Judge David C Joseph on 10/22/2024. (crt,LaCombe, L) |
| Filing 16 NOTICE of Appearance by Laura Kay Austin Theunissen, Robert A Mahtook, Jr, Kaliste Joseph Saloom, IV, Charles A Woessner on behalf of Geo Group Inc (Attorney Laura Kay Austin Theunissen added to party Geo Group Inc(pty:dft)) (crt,Miletello, A) |
| Filing 15 MINUTES for proceedings held before Judge David C Joseph. PRETRIAL CONFERENCE held via Zoom Video Conference on 10/21/2024. The parties shall file witness and exhibit lists for the Rule 65 Preliminary Injunction hearing by COB, October 22, 2024. The parties will confer to determine the required witnesses. State Plaintiff shall also file by COB, October 22, 2024, any additional briefing it deems necessary to fully apprise the parties and the Court of the exact preliminary injunctive relief it is seeking.Federal Defendants, after consultation with the State Plaintiff, shall file any additional proposed redactions in response to [Doc. 11] Motion to Unseal Case by COB, October 22, 2024. Copy forwarded via SEALED email to Attorney General Liz Murrill, B. Aguinaga, Z. Faircloth, C. Huettemann, AUSA S. Smitherman, DOJ Atty J. Lowenstine, GEO Attys R. Mahtook, K. Theunissen by CRD on 10/21/2024. (Court Reporter: VTC) (crt,LaCombe, L) |
| Filing 14 NOTICE of Appearance by Jody D Lowenstein on behalf of Centers for Disease Control & Prevention, Mandy K Cohen, National Center for H I V Viral Hepatitis S T D & T B Prevention, Jonathan Mermin, Alejandro Mayorkas, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Patrick J Lechleitner (Attorney Jody D Lowenstein added to party Centers for Disease Control & Prevention(pty:dft), Mandy K Cohen(pty:dft), National Center for H I V Viral Hepatitis S T D & T B Prevention(pty:dft), Jonathan Mermin(pty:dft), Alejandro Mayorkas(pty:dft), U S Dept of Homeland Security(pty:dft), U S Immigration & Customs Enforcement(pty:dft), Patrick J Lechleitner(pty:dft)) (crt,Thomas, T) |
| Filing 13 ELECTRONIC MINUTE ENTRY: Pretrial Conference RESET for 10/21/2024 at 4:00 PM via Zoom Video conference before Judge David C Joseph. A Zoom link will be forwarded to all counsel of record. Signed by Judge David C Joseph on 10/21/2024. (crt,LaCombe, L) |
| Filing 12 ELECTRONIC MINUTE ENTRY: Pretrial Conference set for 10/21/2024 at 2:00 PM via Zoom Video Conference before Judge David C Joseph. A Zoom link will be forwarded to all counsel of record. Signed by Judge David C Joseph on 10/21/2024. (crt,LaCombe, L) |
| Filing 10 NOTICE of Appearance by Shannon Thornhill Smitherman and Kristen H Bayard on behalf of Centers for Disease Control & Prevention, Mandy K Cohen, National Center for H I V Viral Hepatitis S T D & T B Prevention, Jonathan Mermin, Alejandro Mayorkas, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Patrick J Lechleitner (crt,Whitener, M) |
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Filing 9
ELECTRONIC ORDER granting #8 Motion to Appear Pro Hac Vice for appearance of J Benjamin Aguinaga for State of Louisiana. Issued by Magistrate Judge David J Ayo on 10/18/2024. (crt,Taylor, L)
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| Filing 8 MOTION for J Benjamin Aguinaga to Appear Pro Hac Vice by State of Louisiana. Motions referred to Magistrate Judge David J Ayo. Motion Ripe Deadline set for 10/17/2024. (Attachments: #1 Exhibit, #2 Proposed order)(crt,Whitener, M) |
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Filing 7
ORDER: GRANTING IN PART 2 Motion for Temporary Restraining Order. This Temporary Restraining Order shall remain in effect until the conclusion of the hearing on the Motion for Preliminary Injunction, or October 31, 2024, whichever is earlier. Copy forwarded via SEALED email to Solicitor General B. Aguinaga, Attys Z. Faircloth and C. Huettemann by CRD 10/17/2024. Copy of SEALED Order forwarded via SEALED email to US Attorney B. Brown, AUSA's Smitherman and Van Hook by CRD on 10/17/2024. Signed by Judge David C Joseph on 10/17/2024. (crt,LaCombe, L)
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Filing 6
ORDER: The movant will submit an amended proposed temporary restraining order for the Court's further consideration on or before 5:00 p.m. (CST) on THURSDAY, OCTOBER 17, 2024. It is hereby ORDERED that #3 Motion to Seal Case is GRANTED. It is further ORDERED that a hearing on the 2 Motion for Preliminary Injunction is now SET before United States District Judge David C. Joseph on THURSDAY, OCTOBER 24, 2024 at 10:00 A.M. in Courtroom 1 of the United States District Court in Lafayette, Louisiana. Signed by Magistrate Judge David J Ayo on 10/17/2024. (crt,Chicola, C)
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| Filing 5 MINUTES for proceedings held before Magistrate Judge David J Ayo: TELEPHONE STATUS CONFERENCE held on 10/17/2024. See doc #6 for pdf (crt,Chicola, C) |
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Filing 4
ORDER: Status Conference set for 10/17/2024 at 3:00 PM by phone before Magistrate Judge David J Ayo. Participants may join the teleconference by dialing 888-684-8852 and entering access code 5910394. Signed by Magistrate Judge David J Ayo on 10/17/2024. (crt,Chicola, C)
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| Motions Transferred regarding #3 MOTION to Seal Case. Motions referred to Magistrate Judge David J Ayo. (crt,LaCombe, L) |
| Set/Reset Deadlines as to 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. Motion set for 10/24/2024 10:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph. (crt,Chicola, C) |
| Filing 3 MOTION to Seal Case by State of Louisiana. Motion Ripe Deadline set for 10/16/2024. (Attachments: #1 Proposed order)(crt,Whitener, M) |
| CASE Assigned to Judge David C Joseph and Magistrate Judge David J Ayo. (crt,Whitener, M) |
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