ORTIZ v. DECKER, et al
| SERGEANT ANTHONY ORTIZ and ANTHONY ORTIZ |
| WILLIAM BARR, Chad Wolf, STEVEN AHRENDT and H.O. THOMAS DECKER |
| 2:2020cv03856 |
| April 9, 2020 |
| US District Court for the District of New Jersey |
| Newark Office |
| Madeline Cox Arleo |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 26
ORDER granting #25 Respondents' Letter requesting that the Court adjourn the argument set for 6/3/2020 and allow the parties to file submissions addressing whether the Court should extend the preliminary injunction. etc. Signed by Judge Madeline Cox Arleo on 6/3/2020. (dam, )
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| Filing 25 Letter from the Respondents, on behalf of all parties, respectfully asking the Court to adjourn argument set for June 3 and set a schedule for the parties to file submissions addressing whether the Court should extend the preliminary injunction. (VASSALLO, KRISTIN) |
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Filing 24
ORDER that the Petition, to the extent it seeks a preliminary injunction directing ANTHONY O.'s immediate release on reasonable conditions is GRANTED. The Court will hear argument as to whether the preliminary injunction should be continued on 6/3/2020 by teleconference. etc. Signed by Judge Madeline Cox Arleo on 5/20/2020. (dam, )
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| Filing 23 MEMORANDUM OPINION. etc. Signed by Judge Madeline Cox Arleo on 5/20/2020. (dam, ) |
| Filing 22 MOTION to Seal Document #21 Exhibit (to Document),, Medical Records by STEVEN AHRENDT, WILLIAM BARR, THOMAS DECKER, CHAD WOLF. (Attachments: #1 Text of Proposed Order, #2 Declaration of Kristin Vassallo)(VASSALLO, KRISTIN) |
| Filing 21 Exhibit to #20 Letter Petitioner's Medical Records by STEVEN AHRENDT, WILLIAM BARR, THOMAS DECKER, CHAD WOLF. (VASSALLO, KRISTIN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 20 Letter from the Respondents enclosing updated information for the Court's consideration. (Attachments: #1 Updated Declaration from Warden Ahrendt)(VASSALLO, KRISTIN) |
| Set Deadlines as to #22 Respondents' MOTION to Seal Document #21 Exhibit (to Document). Motion set for 6/15/2020 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam, ) |
| Filing 19 DECLARATION of Petitioner re #18 Order, Declaration on Behalf of Pet. by ANTHONY ORTIZ. (CAMILO, JASON) |
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Filing 18
LETTER ORDER that Petitioner's counsel shall confer with Petitioner and submit a declaration on Petitioner's behalf no later than 5/13/2020. Respondents may submit a response by 5/14/2020. etc. Signed by Judge Madeline Cox Arleo on 5/9/2020. (dam, )
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| Set Deadlines as to #17 Petitioner's MOTION to Seal Document #14 Certification. Motion set for 6/1/2020 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam, ) |
| Filing 17 MOTION to Seal Document #14 Certification,, by ANTHONY ORTIZ. (Attachments: #1 Declaration Jason Scott Camilo, Esq., #2 Text of Proposed Order)(CAMILO, JASON) |
| Filing 16 Letter from Petitioner's Counsel. (Attachments: #1 Exhibit IJ Bond Order dated 05/01/2020)(CAMILO, JASON) |
| Filing 15 Letter from the Government, in accordance with the Court's order, respectfully proposing conditions if the Court orders Petitioner's release. (VASSALLO, KRISTIN) |
| Filing 14 Certification of Jason Scott Camilo, Esq. on behalf of ANTHONY ORTIZ Re #13 Order,. (CAMILO, JASON)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
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Filing 13
ORDER that by 4/22/2020, Petitioner's counsel shall electronically file a certification stating the address where Petitioner ANTHONY O. shall reside should the Court order his release. By 4/23/2020, Respondents may submit any objections to Petitioner's proposed living arrangements. etc. Signed by Judge Madeline Cox Arleo on 4/21/2020. (dam, )
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| Filing 12 REPLY to Response re #9 Response to Habeas Petition,,. (CAMILO, JASON) |
| Set Deadlines as to #11 Petitioner's MOTION for Leave to Appear Pro Hac Vice as to Alexis Pimentel. Motion set for 5/18/2020 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam, ) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Alexis Pimentel by ANTHONY ORTIZ. (Attachments: #1 Certification Cert of Counsel to Admit Alexis Pimentel Pro Hac Vice, #2 Certification Cert of Proposed PHV Counsel to Appear as Co Counsel, #3 Text of Proposed Order Proposed Order)(CAMILO, JASON) |
| Filing 10 NOTICE of Appearance by JASON SCOTT CAMILO on behalf of ANTHONY ORTIZ (CAMILO, JASON) |
| Filing 9 RESPONSE to Petition for Writ of Habeas Corpus by STEVEN AHRENDT, WILLIAM BARR, THOMAS DECKER, CHAD WOLF. (Attachments: #1 Exhibit A - CDC Interim Guidance dated 3/23/20, #2 Exhibit B - ICE Action Plan dated 3/27/20, #3 Exhibit C - ICE Updated Guidance dated 4/4/20, #4 Exhibit D - ICE COVID-19 Pandemic Response Requirements dated 4/10/20, #5 Exhibit E - Ahrendt Decl. dated 4/14/20, #6 Exhibit F - Notice to Appear, #7 Exhibit G - Form I-213 dated 2/12/20, #8 Exhibit H - Form I-213 dated 12/23/19, #9 Exhibit I - DHS Proffer of Evidence & RAP Sheet)(SILAGI, ALEX) |
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Filing 8
ORDER that the Clerk of the Court shall serve copies of the Petition and this Order upon the Warden of Bergen County Correctional Facility. The Clerk shall forward a copy of the Petition and this Order to Chief, Civil Division, United States Attorneys' Office. That on 4/16/2020, Respondent shall electronically file a full Answer to the Petition. Petitioner may file and serve a reply in support of the Petition by 4/17/2020. etc. Signed by Judge Madeline Cox Arleo on 4/14/2020. (dam, )
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| Filing 7 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been emailed to the attorney's address. (jr) |
| Filing 6 NOTICE of Appearance by KRISTIN LYNN VASSALLO on behalf of STEVEN AHRENDT, WILLIAM BARR, THOMAS DECKER, CHAD WOLF (VASSALLO, KRISTIN) |
| Filing 5 NOTICE of Appearance by ALEX D. SILAGI on behalf of STEVEN AHRENDT, WILLIAM BARR, THOMAS DECKER, Chad Wolf (SILAGI, ALEX) |
| Filing 4 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-02785. Original file certified copy of transfer order and docket sheet received. |
| Judge Madeline Cox Arleo added. (ps, ) |
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Filing 3
ORDER: For substantially the same reasons as put forth by Judge Engelmayer in Reyes v. Decker, No. 20-cv-2737 (PAE) (S.D.N.Y. Apr. 2, 2020) (Dkt. No. 4), the Court holds sua sponte that it lacks venue over Mr. Ortiz's habeas claim and therefore transfers this action to the District of New Jersey. The Court also waives the seven-day period provided in Local Civil Rule 83.1 to effectuate a transfer to a different district. (Signed by Judge P. Kevin Castel on 4/8/2020) (jwh)
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey. (jwh) |
| Filing 2 CIVIL COVER SHEET filed..(Pimentel, Alexis) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexis Pimentel. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to Queens;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Alexis Pimentel. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexis Pimentel. The party information for the following party/parties has been modified: Anthony Ortiz; Thomas Decker; Chad Wolf; William Barr; Steven Ahrendt. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19327943)Document filed by anthony ortiz..(Pimentel, Alexis) |
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