HERNANDEZ CULAJAY et al v. MCALEENAN et al
| EMERSON OBED HERNANDEZ CULAJAY and M.S.H.S. |
| SIMONA FLORES, KEVIN K. MCALEENAN, MATTHEW T. ALBENCE and MARK MORGAN |
| 5:2019cv03204 |
| July 23, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| JOSHUA D WOLSON |
| Immigration: Other Immigration Actions |
| 28 U.S.C. § 1361 |
| None |
Docket Report
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This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 30 Notice of Filing of Official Transcript with Certificate of Service re #29 Transcript - PDF, 9/17/19 Entered and Copies Emailed. (jl, ) |
| Filing 29 TRANSCRIPT of held on 8/16/19, before Judge WOLSON. Court Reporter/Transcriber ANN MARIE MITCHELL. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/7/2019. Redacted Transcript Deadline set for 10/17/2019. Release of Transcript Restriction set for 12/16/2019. HEARING(jl, ) |
| Filing 28 NOTICE of Docketing Record on Appeal from USCA re #26 Notice of Appeal (Credit Card Payment), filed by M.S.H.S., EMERSON OBED HERNANDEZ CULAJAY. USCA Case Number 19-2927 (ke, ) |
Filing 27
ORDER THAT PLAINTIFFS' #24 MOTION FOR A STAY OF ORDER PENDING APPEAL #24 IS DENIED. IT IS FURTHER ORDERED THAT, IN LIGHT OF PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL AS TO COUNT IV OF THEIR PETITION #25 , AND THERE BEING NO OTHER CLAIMS REMAINING IN THE CASE, THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 8/21/19.8/21/19 ENTERED & E-MAILED.(fdc)
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| Filing 26 NOTICE OF APPEAL as to #20 Memorandum and/or Opinion, #21 Order (Memorandum and/or Opinion),, by EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S.. Filing fee $ 505, receipt number 0313-13745350. Copies to Judge, Clerk USCA, Appeals Clerk. (Attachments: #1 Certificate of Service)(MALDONADO, AMY) Modified on 8/21/2019 (lisad, ). |
| Filing 25 NOTICE of Voluntary Dismissal by EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S. As To Count IV of the Emergency Petition for Writ of Mandamus (Attachments: #1 Certificate of Service)(MALDONADO, AMY) |
| Filing 24 MOTION to Stay re #20 Memorandum and/or Opinion, #21 Order (Memorandum and/or Opinion),, Pending Appeal filed by EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S... (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(MALDONADO, AMY) |
| Filing 23 Letter to Judge Wolson by EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S. re #21 Order (Memorandum and/or Opinion),, (MALDONADO, AMY) Modified on 8/21/2019 (lisad, ). |
| Filing 22 NOTICE by EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S. re #1 Application/Petition, of Filing Redacted Exhibits B and C (Attachments: #1 Exhibit Redacted Exhibit B to the Emergency Petition, #2 Exhibit Redacted Exhibit C to the Emergency Petition, #3 Certificate of Service)(MALDONADO, AMY) |
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Filing 21
ORDER THAT PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION IS DENIED; THE COURT LACKS SUJECT MATTER JURISDICTION OVER COUNTS I, II, III AND V OF THE PETITION, AND THOSE CLAIMS ARE THEREFORE DISMISSSED; PURSUANT TO PLAINTIFFS' STATEMENT ON THE AT THE PRELIMINARY INJUNCTION HEARING THAT THE COURT HELD ON AUGUST 16, 2019, COUNT VI OF THE PETITION IS WITHDRAWN WITHOUT PREJUDICE; ON OR BEFORE AUGUST 21, 2019, PLAINTIFFS SHALL FILE REDACTED VERSIONS OF EXHIBITS B AND C TO THEIR PETITION. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 08/19/2019. 08/19/2019 ENTERED AND COPIES E-MAILED.(nd, )
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| Filing 20 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 08/19/2019. 08/19/2019 ENTERED AND COPIES E-MAILED.(nd, ) |
| Filing 19 Minute Entry for proceedings held before HONORABLE JOSHUA D. WOLSON Preliminary Injunction Hearing was held on 8/16/19. Court Reporter: Ann Marie Mitchell. (jaa, ) Modified on 8/16/2019 (jaa, ). Modified on 8/16/2019 (lisad, ). |
| Filing 18 BRIEF in Opposition re #14 MOTION for Preliminary Injunction Plaintiffs' Memorandum of Law in Support filed by MATTHEW T. ALBENCE, SIMONA FLORES, KEVIN K. MCALEENAN, MARK MORGAN. Certificate of Service. (Attachments: #1 Exhibit)(KOOB, PAUL) Modified on 8/15/2019 (lisad, ). |
| Filing 17 NOTICE of Appearance by ANTHONY ST. JOSEPH on behalf of MATTHEW T. ALBENCE, SIMONA FLORES, KEVIN K. MCALEENAN, MARK MORGAN with Certificate of Service(ST. JOSEPH, ANTHONY) |
| Filing 16 NOTICE of Appearance by LOGAN ANDERSON on behalf of EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S. with Certificate of Service(ANDERSON, LOGAN) |
| Filing 15 NOTICE of Appearance by ANTHONY VALE on behalf of EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S. with Certificate of Service(VALE, ANTHONY) |
| Filing 14 Plaintiffs' Memorandum of Law in Support of MOTION for Preliminary Injunction filed by EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S. Certificate of Service. (Attachments: #1 Declaration Plaintiff, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Declaration of Counsel, #9 Exhibit, #10 Exhibit)(CAMBRIA, BRIDGET) Modified on 8/6/2019 (lisad, ). |
| Filing 13 Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (amas) |
| Filing 11 NOTICE of Appearance by PAUL J. KOOB on behalf of MATTHEW T. ALBENCE, SIMONA FLORES, KEVIN K. MCALEENAN, MARK MORGAN with Certificate of Service(KOOB, PAUL) |
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Filing 12
ORDER THAT PLAINTIFFS' REQUEST FOR A TEMPORARY RESTRAINING ORDER IS DENIED AS MOOT. IT IS FURTHER ORDERED THAT THE COURT WILL HOLD A HEARING ON PLAINTIFFS' REQUEST FOR A PRELIMINARY INJUNCTION ON 8/16/2019 AT 09:30 AM IN Philadelphia BEFORE HONORABLE JOSHUA D. WOLSON. PLAINTIFFS' SUPPORTING BRIEF IS DUE ON 8/5/2019, AND DEFENDANTS' OPPOSITION, IF ANY, IS DUE ON 8/14/2019. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 7/25/2019. 7/26/2019 ENTERED AND COPIES MAILED AND E-MAILED.(dmc, )
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Filing 9
ORDER THAT THE APPLICATION OF AMY MALDONADO, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 7/25/19.7/25/19 ENTERED AND COPIES MAILED & E-MAILED. ECF APPLICATION MAILED TO MALDONADO. (fdc)
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| Filing 8 MOTION for Pro Hac Vice Admission of Amy Maldonado filed by EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S..Certificate of Service.(CAMBRIA, BRIDGET) |
| Filing 10 Minute Entry for proceedings held before HONORABLE JOSHUA D. WOLSON TRO HEARING held on 7/24/2019. Court Reporter: ANN MARIE MITCHELL. (amas) |
| Filing 7 NOTICE of Appearance by VERONICA JANE FINKELSTEIN on behalf of MATTHEW T. ALBENCE, SIMONA FLORES, KEVIN K. MCALEENAN, MARK MORGAN with Certificate of Service(FINKELSTEIN, VERONICA) |
| Filing 6 MOTION for Pro Hac Vice Admission of Amy Maldonado ( Filing fee $ 40 receipt number 0313-13689313.) filed by EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S.**(FILED IN ERROR BY ATTY, INCORRECT PDF, SEE DOCUMENT #8 FOR CORRECT MOTION)** . (Attachments: #1 Certificate of Service)(CAMBRIA, BRIDGET) Modified on 7/25/2019 (tjd). |
| Filing 4 NOTICE of Appearance by MATTHEW J. ARCHAMBEAULT on behalf of EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S. (Attachments: #1 Certificate of Service)(ARCHAMBEAULT, MATTHEW) |
| Filing 3 NOTICE of Hearing:Hearing Scheduled for July 24, 2019 at 3:00 p.m. in Courtroom 3B before The Honorable Joshua D. Wolson. (ja,) |
| Filing 5 EXHIBIT B & C by EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S.. (FILED UNDER SEAL).(ahf) |
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Filing 2
ORDER THAT THE FEDERAL DEFENDANTS AND THEIR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ATTORNEYS AGREE THEY SHALL NEITHER CAUSE THE PLAINTIFFS TO BE PHYSICALLY SENT OUT OF THE COUNTRY FROM THE UNITED STATES (TO MEXICO OR GUATEMALA); NOR DETAIN MR. HERNANDEZ-CULAJAY AND M.S.H.S.., HIS MINOR CHILD, SEPARATELY UNTIL THE COURT HAS HAD AN OPPURTUNITY TO HOLD A HEARING TO ADDRESS THE ISSUES PRESENTED IN THIS CASE. THE AFROEMNTIONED HEARING SHALL BE HELD ON 7/24/2019 AT 3:00 PM IN COURTROOM 6-A BEFORE HONORABLE JOSHUA D. WOLSON. SIGNED BY HONORABLE CHAD F. KENNEY ON 7/23/2019. 7/24/2019 ENTERED AND COPIES E-MAILED.(ahf)
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| Filing 1 PETITION for Writ of Mandamus filed by EMERSON OBED HERNANDEZ CULAJAY, M.S.H.S. (ahf) (Additional attachment(s) added on 7/24/2019: #1 Exhibit A, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Civil Cover Sheets)(EXHIBIT B & C FILED UNDER SEAL). (ahf) |
| Summons Issued as to MATTHEW T. ALBENCE, SIMONA FLORES, KEVIN K. MCALEENAN, MARK MORGAN, U.S. Attorney and U.S. Attorney General. 5 Forwarded To: Counsel & 1 to AUSA on 7/24/2019. (ahf) |
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