A. v. HAYES et al
Petitioner: A. C. A.
Respondent: ALEX AZAR, KENNETH TOTA, JANE DOE, LYNN JOHNSON, JONATHAN HAYES, JAMES McHENRY, MATTHEW T ALBENCE, ANGELA GREEN, HEIDI STIRRUP, HENRY LUCERO, CHAD F. WOLF and SIMONA FLORES-LUND
Case Number: 2:2020cv00685
Filed: May 10, 2020
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Mark R Hornak
Referring Judge: J Nicholas Ranjan
Nature of Suit: Other Immigration Actions
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2020 Opinion or Order Filing 34 ORDER re #33 Notice of Voluntary Dismissal. This civil action is hereby dismissed without prejudice. Signed by Judge J. Nicholas Ranjan on 6/15/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
June 12, 2020 Filing 33 NOTICE of Voluntary Dismissal by A. C. A. (Walczak, Witold)
June 5, 2020 Opinion or Order Filing 32 ORDER FOR STATISTICAL CLOSING. IT IS HEREBY ORDERED that the Clerk mark the above-captioned case closed; that nothing contained in this order shall be considered a dismissal or disposition of this action, and that should further proceedings therein become necessary or desirable, either party may initiate the same in the same manner as if this order had not been entered. IT IS FURTHER ORDERED that the court expressly retains jurisdiction in this matter to consider any issue arising during the period when settlement is being finalized, including but not limited to enforcing settlement. Signed by Judge J. Nicholas Ranjan on 6/5/2020. (av)
June 5, 2020 Opinion or Order Filing 31 ORDER denying as moot #26 Motion to Dismiss for Lack of Jurisdiction in light of the parties reaching an out-of-court settlement. IT IS FURTHER ORDERED that all deadlines are canceled. Signed by Judge J. Nicholas Ranjan on 6/5/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
June 3, 2020 Opinion or Order Filing 30 ORDER granting in part #29 Motion to Extend Time. Because there is presently no settlement-in-principle in place and the parties previously advised the Court that there was an urgency in deciding the matter before A.C.A.'s 18th birthday on 6/10/2020, the motion to dismiss must be fully briefed by 6/8/2020. Response to Motion to Dismiss due by 6/5/2020 at 5:00 p.m. Brief shall not exceed 20 pages. Reply, if any, due by 6/8/2020 at 12:00 p.m. Brief shall not exceed 15 pages. The parties shall immediately contact the Court if and when a settlement has been reached or circumstances change, and the Court will vacate or modify the briefing schedule accordingly. Signed by Judge J. Nicholas Ranjan on 6/3/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
June 2, 2020 Filing 29 MOTION to Extend Time to Respond to Motion to Dismiss by A. C. A.. (Attachments: #1 Proposed Order) (Walczak, Witold)
June 1, 2020 Filing 28 Appendix to #26 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim, by MATTHEW T ALBENCE, ALEX AZAR, JANE DOE, SIMONA FLORES-LUND, ANGELA GREEN, JONATHAN HAYES, LYNN JOHNSON, HENRY LUCERO, JAMES McHENRY, HEIDI STIRRUP, KENNETH TOTA, CHAD F. WOLF. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Brown, Jacqueline)
June 1, 2020 Filing 27 BRIEF in Support re #26 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, filed by MATTHEW T ALBENCE, ALEX AZAR, JANE DOE, SIMONA FLORES-LUND, ANGELA GREEN, JONATHAN HAYES, LYNN JOHNSON, HENRY LUCERO, JAMES McHENRY, HEIDI STIRRUP, KENNETH TOTA, CHAD F. WOLF. (Brown, Jacqueline)
June 1, 2020 Filing 26 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MATTHEW T ALBENCE, ALEX AZAR, JANE DOE, SIMONA FLORES-LUND, ANGELA GREEN, JONATHAN HAYES, LYNN JOHNSON, HENRY LUCERO, JAMES McHENRY, HEIDI STIRRUP, KENNETH TOTA, CHAD F. WOLF. (Attachments: #1 Proposed Order) (Brown, Jacqueline)
May 29, 2020 Filing 25 Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Telephonic Status Conference held on 5/29/2020. (Court Reporter: none) (av)
May 29, 2020 Opinion or Order Filing 24 ORDER modifying 19 Response/Briefing Schedule. Petitioner's motion for preliminary injunction and Respondent's motion to dismiss due by 6/2/2020 at 5:00 p.m. Responses to both due by 6/3/2020 at 5:00 p.m. All other aspects of the Court's prior order remain the same. Signed by Judge J. Nicholas Ranjan on 5/29/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
May 29, 2020 Opinion or Order Filing 23 ORDER. Telephonic Status Conference set for 5/29/2020 at 01:30 PM before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 5/29/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
May 27, 2020 Opinion or Order Filing 22 Order modifying 19 briefing schedule. Based on the agreement of the parties, the Court orders that the Respondents' motion to dismiss and Petitioner's preliminary-injunction motion are now due by 5/29/20 at 5:00 pm. All other aspects of the Court's prior order remain the same. Signed by Judge J. Nicholas Ranjan on 5/27/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
May 22, 2020 Opinion or Order Filing 21 ORDER extending #2 Order on Motion for TRO. IT IS HEREBY ORDERED that the terms of the Court's prior #2 temporary restraining order shall remain in effect, but will now expire at 5:00 p.m. EDT, June 5, 2020, unless otherwise extended by order of Court as may be permitted by law. Signed by Judge J. Nicholas Ranjan on 5/22/2020. (av)
May 22, 2020 Filing 20 Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Telephonic Status Conference held on 5/21/2020. (Court Reporter: none) (av)
May 22, 2020 Opinion or Order Filing 19 ORDER re: motion to dismiss/preliminary injunction briefing schedule. Respondents' motion to dismiss and brief in support are due on 5/27/2020 by 5:00 p.m. Petitioner's response in opposition to the motion to dismiss is due on 6/1/2020 by 5:00 p.m. Petitioner's motion for preliminary injunction and brief in support, including all supporting declarations and evidence, are due on 5/27/2020 by 5:00 p.m. Respondents' response in opposition to the motion for preliminary injunction is due on 6/1/2020 by 5:00 p.m. All briefs should be no more than 25 pages in length. The parties must advise the Court in their preliminary injunction briefs whether they request an evidentiary hearing. If a hearing is requested by either party, it will be held by videoconference for all participants (using the secure zoom.gov app) on 6/3/2020, at 9:30 a.m. Counsel shall exchange witness names and exhibits at least 24 hours in advance of the hearing, and shall also ensure that they and their witnesses have the required device, app, internet connection, and internet speed (at least 3 mbps) to participate. Signed by Judge J. Nicholas Ranjan on 5/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ja)
May 21, 2020 Filing 16 AMENDED COMPLAINT and PETITION FOR WRIT OF HABEAS CORPUS against ALEX AZAR, LYNN JOHNSON, HEIDI STIRRUP, MATTHEW T ALBENCE, HENRY LUCERO, ANGELA GREEN, JAMES McHENRY, CHAD F. WOLF, SIMONA FLORES-LUND, filed by HEIDI STIRRUP, MATTHEW T ALBENCE, HENRY LUCERO, ANGELA GREEN, JAMES McHENRY, CHAD F. WOLF, SIMONA FLORES-LUND. (Walczak, Witold)
May 21, 2020 Opinion or Order Filing 15 ORDER. Telephonic Status Conference set for 5/21/2020 at 04:00 PM before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 5/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
May 20, 2020 Filing 14 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Recorded Call held on May 10, 2020 before Judge Mark R. Hornak. Court Reporter Noreen A. Re, Telephone number 412-204-6041. Tape Number: nre.usdistrictcourt@aol.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 5/27/2020. Redaction Request due 6/10/2020. Redacted Transcript Deadline set for 6/22/2020. Release of Transcript Restriction set for 8/18/2020. (nar)
May 20, 2020 Opinion or Order Filing 13 ORDER. A copy of the transcript from the recorded phone call before Chief Judge Hornak regarding the TRO is ordered at the joint cost of the parties. Signed by Judge J. Nicholas Ranjan on 5/20/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
May 19, 2020 Filing 12 STATUS REPORT by ALEX AZAR, JANE DOE, JONATHAN HAYES, LYNN JOHNSON, KENNETH TOTA. (Andrade, Jennifer)
May 18, 2020 Opinion or Order Filing 11 ORDER re #2 temporary restraining order. The parties are to confer and file a joint status report by 12:00 p.m. on 5/19/2020 as to the following matters: (1) the current status of the pending immigration-court proceedings; (2) whether a consent order can be issued to resolve the case; and (3) if a consent order cannot be issued, whether the parties will stipulate to an extension of the current temporary restraining order. Signed by Judge J. Nicholas Ranjan on 5/18/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
May 16, 2020 FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)
May 14, 2020 Filing 10 NOTICE of Appearance by Jennifer R. Andrade on behalf of ALEX AZAR, JANE DOE, JONATHAN HAYES, LYNN JOHNSON, KENNETH TOTA. (Andrade, Jennifer)
May 14, 2020 Filing 9 NOTICE of Appearance by Jacqueline Brown on behalf of ALEX AZAR, JANE DOE, JONATHAN HAYES, LYNN JOHNSON, KENNETH TOTA. (Brown, Jacqueline)
May 13, 2020 Filing 8 NOTICE to Counsel (Case Participants Only). May 9, 2020 e-mail to Chief Judge Hornak from counsel for the Petitioner. (bdb)
May 13, 2020 Chief Judge Mark R. Hornak no longer assigned to case. (jmm)
May 13, 2020 Judge J. Nicholas Ranjan added. (jmm)
May 12, 2020 Opinion or Order Filing 7 Order Directing Random Assignment of Civil Action. This case is currently directly assigned to the undersigned as Chief Judge, due to the exigent circumstances of its filing in the early hours of May 10, 2020, and the then-impending request for a temporary restraining order (TRO), which the undersigned entered that same date. In furtherance of the case assignment protocols of the Court, the Clerk is directed to randomly assign this case to a District Judge in the Pittsburgh Division who is currently accepting case assignments in this case category, which may include a random assignment to the undersigned. Due to the pendency of the TRO, which is to expire at 5:00 pm, May 22, 2020, the Clerk is directed to not assign this action to a Magistrate Judge, consistent with the case assignment protocols of the Court. Signed by Chief Judge Mark R. Hornak on 05/12/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
May 12, 2020 Filing 6 RECEIPT from Witold Walczak for Cash Security for TRO received on 05/10/2020 (Attachments: #1 Receipt 24668062529). (map)
May 11, 2020 Filing 5 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad)
May 11, 2020 Opinion or Order Filing 4 STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 5/11/20. (jad)
May 10, 2020 Opinion or Order Filing 3 ORDER Confirming Receipt of Security in A.C.A. V. Hayes, et al. The Court has personally received the security in support of the temporary restraining order entered this date in the above-stated matter in the form of $50.00 in U.S. Currency, which is deemed received and posted as of 2:09 a.m. EDT, this date. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. Signed by Chief Judge Mark R. Hornak on 5/10/2020. (ept)
May 10, 2020 Opinion or Order Filing 2 ORDER granting w/ #1 MOTION FOR TEMPORARY RESTRAINING ORDER AS TO PETITIONER, A MINOR MALE, CURRENTLY RESIDING IN THE WESTERN DISTRICT OF PENNSYLVANIA. Signed by Chief Judge Mark R. Hornak on 5/10/2020. (ept)
May 10, 2020 Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 0315-5602141), filed by A. C. A. (Attachments: #1 Civil Cover Sheet) (ept)
May 10, 2020 w/ #1 MOTION for Temporary Restraining Order by A. C. A.. (ept)

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Search for this case: A. v. HAYES et al
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Respondent: ALEX AZAR
Represented By: Jennifer Andrade
Represented By: Jacqueline Brown
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Respondent: KENNETH TOTA
Represented By: Jennifer Andrade
Represented By: Jacqueline Brown
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Respondent: JANE DOE
Represented By: Jennifer Andrade
Represented By: Jacqueline Brown
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Respondent: LYNN JOHNSON
Represented By: Jennifer Andrade
Represented By: Jacqueline Brown
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Respondent: JONATHAN HAYES
Represented By: Jennifer Andrade
Represented By: Jacqueline Brown
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Respondent: JAMES McHENRY
Represented By: Jacqueline Brown
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Respondent: MATTHEW T ALBENCE
Represented By: Jacqueline Brown
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Respondent: ANGELA GREEN
Represented By: Jacqueline Brown
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Respondent: HEIDI STIRRUP
Represented By: Jacqueline Brown
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Respondent: HENRY LUCERO
Represented By: Jacqueline Brown
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Respondent: CHAD F. WOLF
Represented By: Jacqueline Brown
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Respondent: SIMONA FLORES-LUND
Represented By: Jacqueline Brown
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Petitioner: A. C. A.
Represented By: Witold J. Walczak
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