Taylor et al v. McDermott et al
| Michael L Taylor and Peter Maxwell Taylor |
| Jerome P McDermott and John Gibbons |
| 4:2020cv11272 |
| July 6, 2020 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 46 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Belpedio, Lisa) |
| Filing 45 Transcript of Motion Hearing by Video Conference held on July 28, 2020, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 9/3/2020. Redacted Transcript Deadline set for 9/14/2020. Release of Transcript Restriction set for 11/12/2020. (Belpedio, Lisa) |
| Filing 44 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. Petitioners' Motion for Preliminary Injunction #2 is DENIED and their Emergency Petition for Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Injunctive Relief #1 is DENIED. (Kelly, Danielle) |
| Filing 43 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Hearing held on 7/28/2020. Case called. Petitioners present by video. Court heard argument from counsel. Decision to issue. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Abbe David Lowell; Daniel Marino; Paul V. Kelly; Robert L. Sheketoff; Tillman Finley, James P. Ulwick, Stephen W. Hassink, Philip A. Mirrer-Singer) (MacDonald, Gail) |
| Filing 42 NOTICE by John Gibbons, Jerome P McDermott re #41 Opposition to Motion,,,,, (Attachments: #1 Exhibit A: Michael Taylor Article)(Hassink, Stephen) |
| Filing 41 Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Response to Petition for Writ of Habeas Corpus filed by John Gibbons, Jerome P McDermott. (Attachments: #1 Exhibit A: Wire Transfer Records, #2 Exhibit B: Corporate Records, #3 Exhibit C: Coinbase Letter, #4 Exhibit D: Ghosn Support Article, #5 Exhibit E: Treaty, #6 Exhibit F: Request for Extradition, #7 Exhibit G: MNG Jet Charter Agreement, #8 Exhibit H: Statement of Tokunaga, #9 Exhibit I: Original Arrest Warrants, #10 Exhibit J: Renewed Arrest Warrants, #11 Exhibit K: Extradition Request Transmittal, #12 Exhibit L: July 8 Hearing Transcript, #13 Exhibit M: Watanabe Declaration, #14 Exhibit N: Second Supplemental Watanabe Declaration, #15 Exhibit O: Japanese Treatise, #16 Exhibit P: Supplemental Watanabe Declaration, #17 Exhibit Q: Yoshida Declaration, #18 Exhibit R: Boomhower Declaration, #19 Exhibit S: June 22 Hearing Transcript, #20 Exhibit T: D. Utah Detention Order)(Hassink, Stephen) Modified on 7/23/2020: Restricted exhibits with personal identifiers (Kelly, Danielle). (Attachment 6 replaced on 7/23/2020 with redacted version and removed restrictions ) (Kelly, Danielle). |
| Filing 40 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #39 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 39 MOTION for Leave to File Excess Pages by John Gibbons, Jerome P McDermott.(Hassink, Stephen) |
| Filing 38 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Michael L Taylor, Peter Maxwell Taylor. (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit A, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D, #16 Exhibit E, #17 Exhibit F, #18 Exhibit G, #19 Exhibit H, #20 Exhibit I, #21 Exhibit J, #22 Exhibit K, #23 Exhibit L, #24 Exhibit M, #25 Exhibit N, #26 Exhibit O, #27 Exhibit P, #28 Exhibit Q, #29 Exhibit R)(Kelly, Paul) . Modified on 7/17/2020: Removed blank pages from documents; Restricted exhibits with personal identifiers (Kelly, Danielle). (Additional attachment(s) added on 7/24/2020: #30 Redacted Version of Exhibit G) (Kelly, Danielle). Modified on 7/24/2020 (Kelly, Danielle). |
| Filing 37 Judge Indira Talwani: ELECTRONIC ORDER regarding Motion to Enlarge Page Limits #36 . The court reluctantly allows the motion, and strongly recommends that the brief be carefully reviewed for repetitive material which should be deleted before filing. (Kelly, Danielle) |
| Filing 36 MOTION for Leave to File Excess Pages by Michael L Taylor, Peter Maxwell Taylor.(Kelly, Paul) |
| Filing 35 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 34 Transcript of Video Conference Motion Hearing held on July 8, 2020, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com Redaction Request due 8/5/2020. Redacted Transcript Deadline set for 8/17/2020. Release of Transcript Restriction set for 10/13/2020. (Scalfani, Deborah) |
| Filing 33 Judge Indira Talwani: ELECTRONIC ORDER DENYING Petitioners' Motion for Temporary Restraining Order #2 .Petitioners are being held in connection with an extradition proceeding. "There is a presumption against bail in extradition cases and only 'special circumstances' justify release on bail." United States v. Kin-Hong, 83 F.3d 523, 524 (1st Cir. 1996) (quoting Wright v. Henkel, 190 U.S. 40, 63 (1903)). The Petition for Habeas Corpus argues such "special circumstances" exist, asserting that Petitioners have been arrested and detained without probable cause, and that the Magistrate Judge improperly failed to grant them bail and to protect them from the ongoing COVID-19 outbreak at the Norfolk County Correctional Center. Emergency Petition for Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Injunctive Relief #1 . Through the habeas petition, Petitioners seek release from confinement, or in the alternative, release from confinement subject to reasonable conditions. Id.On a motion for preliminary injunctive relief, the court considers (1) the plaintiff's likelihood of success on the merits of the underlying claim; (2) the potential for irreparable harm in the absence of an injunction; (3) whether issuing an injunction will burden the defendants less than denying an injunction would burden the plaintiffs; and (4) the effect, if any, on the public interest. Jean v. Mass. State Police, 492 F.3d 24, 26-27 (1st Cir. 2007). "The sine qua non of this four-part inquiry is likelihood of success on the merits: if the moving party cannot demonstrate that he is likely to succeed in his quest, the remaining factors become matters of idle curiosity." New Comm Wireless Servs., Inc. v. SprintCom, Inc., 287 F.3d 1, 9 (1st Cir. 2002).Petitioners have not yet demonstrated a likelihood of success on the merits on the challenge to the Magistrate Judge's determination of their requests for bail. The Motion for Temporary Restraining Order [#2] was filed before the Magistrate Judge entered an order on their request for bail. The Magistrate Judge subsequently entered an electronic order denying their requests and stated that a "written order will issue shortly." In the Matter of the Extradition of Michael L. Taylor, 20-mj-01069, [#40]; 20-mj-01070 [#39]. Review of a Magistrate Judge's bail determination "is limited to the issue of whether or not there were reasonable grounds for the Magistrate Judge's denial of bail." Kin-Hong v. United States, 926 F. Supp. 1180, 1184 (D. Mass. 1996), rev'd on other grounds, Kin-Hong, 83 F. 3d at 525. "In applying the [reasonable grounds] standard, the court defers to the Magistrate Judge's factual findings, unless they are unsupported by the record, but reviews the Magistrate Judge's legal determinations de novo." Id. Here, where the written order has not yet issued but is forthcoming, review of that order is premature. Accordingly, the court does not reach Petitioners' claim that COVID-19 or other matters presents special circumstances warranting bail or that Petitioners do not pose a flight risk.Petitioners also have not yet demonstrated a likelihood of success on the merits of the claim that they are being held without probable cause. Petitioners do not challenge the factual basis for the detention but claim that Article 103 of the Japanese Penal Code does not prohibit the alleged conduct. While Petitioners may or may not ultimately prevail on this legal challenge to the criminal charges, Petitioners have not demonstrated here the high probability of success necessary to establish special circumstances justifying release on bail in an extradition case while these legal issues are being resolved. Accordingly, Petitioners' Motion for Temporary Restraining Order #2 is DENIED. Petitioners' motion for a preliminary injunction may be refiled after the issuance of the Magistrate Judge's written decision on the bail request. (Kelly, Danielle) |
| Filing 32 Judge Indira Talwani: ELECTRONIC ORDER GRANTING in part and DENYING in part Respondents' Motion to Set Deadline to File their Response to Petitioners' Motion for Temporary Restraining Order and Preliminary Injunction #13 . The request is moot as to the response to Petitioners Motion for Temporary Restraining Order. The request is granted as to the response to Petitioners' Motion for Preliminary Injunction. As set forth in open court, Petitioners may file a new motion for a preliminary injunction four business days after Magistrate Judge Cabell issues his written order on the bail request; Respondents shall respond four business days thereafter. (Kelly, Danielle) |
| Filing 31 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 7/8/2020 re #2 MOTION for Temporary Restraining Order filed by Peter Maxwell Taylor, Michael L Taylor, #13 MOTION for Extension of Time to File Response/Reply filed by Jerome P McDermott, John Gibbons. Case called. Petitioners present by video. Court heard argument from counsel. Petitioners shall file a new PI motion 4 business days after the order from MJ Cabell issues; Respondents shall respond 4 business days thereafter; leave of court must be sought for any reply. Hearing on new motion set for 7/28/2020 10:00 AM in Courtroom 9 before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to further hearings and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Robert Paschal rwp.reporter@gmail.com.)(Attorneys present: Paul V. Kelly, Daniel Marino, Tillman Finley, Abbe David Lowell, Stephen W. Hassink, Philip A. Mirrer-Singer) (MacDonald, Gail) |
| Filing 30 Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John Gibbons, Jerome P McDermott. (Attachments: #1 Exhibit A: Wire Transfers, #2 Exhibit B: Corporate Documents, #3 Exhibit C: Watanabe Declaration, #4 Exhibit D: Supplemental Watanabe Declaration, #5 Exhibit E: Government Opposition, #6 Exhibit F: Norfolk Affidavit)(Hassink, Stephen) |
| Filing 29 NOTICE of Appearance by James P. Ulwick on behalf of Peter Maxwell Taylor (Ulwick, James) |
| Filing 28 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #27 Motion for Leave to Appear Pro Hac Vice Added James P. Ulwick. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice for admission of James P. Ulwick Filing fee: $ 100, receipt number 0101-8319430 by Peter Maxwell Taylor. (Attachments: #1 Affidavit of James P. Ulwick)(Kelly, Paul) |
| Filing 26 NOTICE of Appearance by Robert L. Sheketoff on behalf of Michael L Taylor (Sheketoff, Robert) |
| Filing 25 NOTICE of Appearance by Abbe David Lowell on behalf of Michael L Taylor, Peter Maxwell Taylor (Lowell, Abbe) |
| Filing 24 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #21 Motion for Leave to Appear Pro Hac Vice Added Abbe David Lowell. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 23 NOTICE of Appearance by Tillman Finley on behalf of Michael L Taylor (Finley, Tillman) |
| Filing 22 NOTICE of Appearance by Daniel Marino on behalf of Michael L Taylor (Marino, Daniel) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice for admission of Abbe David Lowell Filing fee: $ 100, receipt number 0101-8319287 by Michael L Taylor, Peter Maxwell Taylor. (Attachments: #1 Affidavit of Abbe David Lowell)(Kelly, Paul) |
| Filing 20 NOTICE of Appearance by Philip A. Mirrer-Singer on behalf of John Gibbons, Jerome P McDermott (Mirrer-Singer, Philip) Modified on 7/8/2020: Added all parties appearance was entered for. (Kelly, Danielle). |
| Filing 19 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #17 Motion for Leave to Appear Pro Hac Vice Added Tillman Finley. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 18 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #16 Motion for Leave to Appear Pro Hac Vice Added Daniel Marino. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice for admission of Tillman J. Finley Filing fee: $ 100, receipt number 0101-8319175 by Michael L Taylor. (Attachments: #1 Affidavit of Tillman J. Finley)(Kelly, Paul) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice for admission of Daniel Marino Filing fee: $ 100, receipt number 0101-8319158 by Michael L Taylor. (Attachments: #1 Affidavit of Daniel Marino)(Kelly, Paul) |
| Filing 15 ELECTRONIC NOTICE Setting Hearing on Motions: Motion Hearing set for 7/8/2020 03:00 PM before Judge Indira Talwani. #13 MOTION for Extension of Time to File Response/Reply, #2 MOTION for Temporary Restraining Order: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to further hearings and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 14 Opposition to #13 MOTION to Set Response Deadline re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Michael L Taylor, Peter Maxwell Taylor. (Kelly, Paul) Modified on 7/8/2020: corrected docket text. (Kelly, Danielle). |
| Filing 13 MOTION to Set Response Deadline re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by John Gibbons, Jerome P McDermott.(Hassink, Stephen) Modified on 7/8/2020: Corrected event type to properly reflect filing. (Kelly, Danielle). |
| Filing 12 NOTICE of Appearance by Stephen W. Hassink on behalf of John Gibons, Jerome P McDermott (Hassink, Stephen) |
| Filing 11 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Michael L Taylor, Peter Maxwell Taylor. (Kelly, Paul) |
| Filing 10 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #3 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 9 Judge Indira Talwani: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than 21 days from receipt of this order. (Kelly, Danielle) |
| Filing 8 ELECTRONIC NOTICE of Case Reassignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Danieli, Chris) |
| Filing 7 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. The Clerk is directed to REASSIGN CASE in accordance with L.R. 40.1. (Castles, Martin) |
| Filing 6 ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Alba, Robert) |
| Filing 5 Case transferred in from Eastern Division (Boston) on 7/7/2020 Case Number 1:20-cv-11272. (Alba, Robert) |
| Filing 4 Case transferred to Central Division (Worcester) (Kelly, Danielle) |
| Filing 3 MOTION for Leave to File Excess Pages by Michael L Taylor, Peter Maxwell Taylor. (Attachments: #1 Proposed Memorandum)(Kelly, Paul) |
| Filing 2 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Responses due by 7/20/2020) by Michael L Taylor, Peter Maxwell Taylor. (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit A, #11 Exhibit B, #12 Exhibit C, #13 Exhibit D, #14 Exhibit E, #15 Exhibit F, #16 Exhibit G, #17 Exhibit H, #18 Exhibit I, #19 Exhibit J, #20 Exhibit K, #21 Exhibit L, #22 Exhibit M, #23 Exhibit N, #24 Exhibit O)(Kelly, Paul) |
| Filing 1 Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-8315842 Fee status: Filing Fee paid., filed by Michael L Taylor, Peter Maxwell Taylor. (Attachments: #1 Civil Cover Sheet, #2 Exhibit List, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Exhibit D, #15 Exhibit E, #16 Exhibit F, #17 Exhibit G)(Kelly, Paul) |
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