Tulio et al v. Sickler
| Dylan Scott Tulio and Marco Navarrete |
| Nathan Sickler and State of Oregon |
| 1:2023cv01533 |
| October 18, 2023 |
| US District Court for the District of Oregon |
| Marco A Hernandez |
| Michael J McShane |
| Prisoner Petitions: Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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Filing 30
Order from USCA for the 9th Circuit, USCA # 23-2270 and 23-3560 re Notice of Appeal - Preliminary Injunction(114 in 3:23-cv-01097-CL, 27 in 1:23-cv-01533-MC). The motion to stay the district court's November 2, 2023 and November 14, 2023 orders (Docket Entry No. 15 in 23-2270) is granted. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard for stay pending appeal). In granting a stay, we do not intend to constrain the merits panel's consideration of the merits of these cross-appeals in any way. We sua sponte expedite these cross-appeals. The first brief on cross-appeal is due December 8, 2023. The second brief on cross-appeal is due December 22, 2023. The third brief on cross-appeal is due January 5, 2024. The optional cross-appeal reply brief is due January 16, 2024. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). The Clerk will place these cross-appeals on the calendar for February 2024. Associated Cases: 3:23-cv-01097-CL, 1:23-cv-01533-MC (ecp)
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Filing 29
Transcript Designation and Order Form for the hearing held on 11/7/2023 before Judge McShane. Court Reporter: Kendra Steppler. . Filed by Patrick Garrett. Associated Cases: 3:23-cv-01097-CL, 1:23-cv-01533-MC (McMahon, Eamon)
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Filing 28
Notice of Cross-Appeal to United States Court of Appeals for the Ninth Circuit Filed by Caleb Aiona, Joshua Shane Bartlett, Walter Betschart, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson, Marco Navarrete, Dylan Scott Tulio. (Attachments: #1 Attachment Representation Statement)Associated Cases: 3:23-cv-01097-CL, 1:23-cv-01533-MC (Vandiver, Julie)
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Filing 27
Amended Notice of Appeal to the 9th Circuit Filing fee $505 collected; Receipt No.: 3357. Filed by State of Oregon. Associated Cases: 3:23-cv-01097-CL, 1:23-cv-01533-MC (Kahn, Ryan)
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Filing 26
Order Amending Preliminary Injunction: On limited remand pending appeal from the Ninth Circuit, the court amends its previous order granting injunctive relief, ECF No. 101 , as well as the relief granted in the Corrected Opinion and Order, ECF 106 . The amended order will go into effect, as stated, on November 23, 2023. Signed on 11/14/2023 by Judge Michael J. McShane. Associated Cases: 3:23-cv-01097-CL, 1:23-cv-01533-MC (cp)
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Filing 25
Stipulated Order on Consolidation of Cases. Signed on 11/13/2023 by Judge Michael J. McShane. Associated Cases: 3:23-cv-01097-CL (Lead Case), 1:23-cv-01533-MC (cp)
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Filing 24
Notice of Association of Attorney of Kristen E. Boyd appearing on behalf of State of Oregon . Filed by on behalf of State of Oregon. (Boyd, Kristen)
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Filing 23
ORDER by Judge Michael J. McShane GRANTING Motion to Intervene #17 . (jk)
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Filing 22
ORDER by Judge Michael J. McShane: Status Conference set for 11/7/2023 at 03:00PM in Eugene by telephone before Judge Michael J. McShane is VACATED. (jk)
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Filing 21
Scheduling Order by Judge Michael J. McShane: At the request of counsel, Status Conference is set for 11/7/2023 at 03:00PM in Eugene by telephone before Judge Michael J. McShane. (jk)
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Filing 20
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on October 24, 2023 before Judge Michael J. McShane, Court Reporter Kendra A. Steppler, telephone number 541-431-4112 or kendra_steppler@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/13/2023. Redaction Request due 11/27/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 2/1/2024. (Steppler, Kendra)
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Filing 19
MINUTES of Proceedings: Motion Hearing Held regarding Motion for Temporary Restraining Order #7 . Motion is taken under advisement as of 10/24/2023. Jessica Snyder, Nadia Dahab, Stephen R. Sady and Julie Vandiver present as counsel for plaintiffs. Joel C. Benton and Johan Pietila present as counsel for defendant. Court Reporter: Kendra Steppler. Judge Michael J. McShane presiding. (cp)
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Filing 18
Reply to Motion for Temporary Restraining Order #7 . Filed by Dylan Scott Tulio. (Attachments: #1 Exhibit A) (Sady, Stephen)
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Filing 17
Motion to Intervene . Filed by State of Oregon. (Aaron, James)
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Filing 16
Declaration of Captain Joshua Aldrich In Support of Sheriff Nathan Sickler's Response to Motion for Temporary Restraining Order. Filed by Nathan Sickler. (Related document(s): Response to Motion #14 .) (Pietila, Johan)
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Filing 15
Declaration of Johan Pietila In Support of Sheriff Nathan Sickler's Response to Motion for Temporary Restraining Order. Filed by Nathan Sickler. (Related document(s): Response to Motion #14 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28) (Pietila, Johan)
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Filing 14
Response to Motion for Temporary Restraining Order #7 . Filed by Nathan Sickler. (Pietila, Johan)
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Filing 13
Notice of Appearance of Johan Pietila, Joel C Benton appearing on behalf of Nathan Sickler. Filed by on behalf of Nathan Sickler. (Pietila, Johan)
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Filing 12
Scheduling Order: Oral Argument regarding Motion for Temporary Restraining Order #7 is set for 10/24/2023 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Plaintiff's are directed to provide notice of this hearing to counsel for defendant since no responsive pleading or notice of appearance has been filed. Ordered by Judge Michael J. McShane. (cp)
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Filing 11
Notice of Case Reassignment: This case has been reassigned from Judge Marco A. Hernandez to Judge Michael J. McShane. (eo)
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Filing 10
Notice of Case Assignment: This case is assigned to Judge Marco A. Hernandez. (eo)
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Filing 9
Supplement Supplemental Exhibit (Declaration of Clint Oborn). Filed by Marco Navarrete, Dylan Scott Tulio. (Related document(s): Motion for Temporary Restraining Order #7 .) (Attachments: #1 Exhibit Declaration of Clint Oborn) (Vandiver, Julie)
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Filing 8
Declaration of Lisa Greif . Filed by Marco Navarrete, Dylan Scott Tulio. (Related document(s): Motion for Temporary Restraining Order #7 .) (Vandiver, Julie)
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Filing 7
Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by Marco Navarrete, Dylan Scott Tulio. (Vandiver, Julie)
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Filing 6
Declaration of Dylan Scott Tulio in support of Class Certification Motion. Filed by Marco Navarrete, Dylan Scott Tulio. (Related document(s): Motion to certify class #2 .) (Vandiver, Julie)
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Filing 5
Declaration of Marco Navarette in support of Class Certification Motion. Filed by Marco Navarrete, Dylan Scott Tulio. (Related document(s): Motion to certify class #2 .) (Vandiver, Julie)
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Filing 4
Declaration of Nadia H. Dahab in Support of Motion for Provisional Class Certification. Filed by Marco Navarrete, Dylan Scott Tulio. (Related document(s): Motion to certify class #2 .) (Vandiver, Julie)
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Filing 3
Declaration of Stephen R. Sady in support of Class Certification Motion. Filed by Marco Navarrete, Dylan Scott Tulio. (Related document(s): Motion to certify class #2 .) (Vandiver, Julie)
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Filing 2
Motion to Certify the Class Provisionally. Expedited Hearing requested. Filed by Marco Navarrete, Dylan Scott Tulio. (Vandiver, Julie)
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Filing 1
Petition for Writ of Habeas Corpus (2241- Federal) Filing Fee in amount of $5 collected. Agency Tracking ID: AORDC-9121185. Filed by Dylan Scott Tulio, Marco Navarrete against Nathan Sickler (Attachments: #1 Civil Cover Sheet). (Vandiver, Julie)
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