S.R., minor child et al v. Cannon et al
| Mohammed Nuruzzaman and S.R., minor child |
| Sheriff Al Cannon Detention Center, Alex M Azar, II, Kirstjen Nielsen and J Al Cannon, Jr |
| 2:2019cv00482 |
| February 19, 2019 |
| US District Court for the District of South Carolina |
| Mary Gordon Baker |
| David C Norton |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
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Filing 39
ORDER denying (32) Motion to Dismiss in case 2:19-cv-00483-DCN-MGB; denying (29) Motion to Dismiss in case 2:19-cv-00482-DCN-MGB. Signed by Honorable David C Norton on 4/19/2019. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(jbry, )
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| Filing 38 REPLY to Response to Motion re (29 in 2:19-cv-00482-DCN-MGB, 32 in 2:19-cv-00483-DCN-MGB) MOTION to Dismiss Response filed by J. Al Cannon, Jr, Alex M. Azar, II, Kirstjen Nielsen, Alex M Azar, II, J Al Cannon, Jr, Kirstjen Nielsen, Sheriff Al Cannon Detention Center. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(Modica, Matthew) |
| Filing 37 TEXT ORDER granting #36 Motion for Extension of Time. Entered at the direction of Magistrate Judge Mary Gordon Baker on 04/16/2019.(hada, ) |
| Filing 36 Consent MOTION for Extension of Time for Petitioners to Respond to Respondents' Motion to Preclude Expert Testimony by A.H., Mohammad Abdul Khalik, Mohammed Nuruzzaman, S.R., minor child. Response to Motion due by 4/29/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGBMotions referred to Mary Gordon Baker.(Banias, Bradley) |
| Filing 35 RESPONSE in Opposition re (32 in 2:19-cv-00483-DCN-MGB) MOTION to Dismiss Response filed by A.H., Mohammad Abdul Khalik, Mohammed Nuruzzaman, S.R., minor child.Reply to Response to Motion due by 4/19/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(Banias, Bradley) |
| Filing 34 NOTICE of Hearing on Motion (33 in 2:19-cv-00482-DCN-MGB, 36 in 2:19-cv-00483-DCN-MGB) MOTION to Enforce Judgment /Settlement MOTION for Attorney Fees : Motion Hearing set for Friday, 4/26/2019 at 10:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(jbry, ) |
| Filing 33 MOTION to Enforce Judgment /Settlement, MOTION for Attorney Fees ( Response to Motion due by 4/24/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by A.H., Mohammad Abdul Khalik, Mohammed Nuruzzaman, S.R., minor child. (Attachments: #1 Memo in Support, #2 Exhibit A: Respondents' Offer, #3 Exhibit B: Petitioners' Acceptance, #4 Exhibit C: Respondents' Email to Court, #5 Exhibit D: Court's April 1 Email, #6 Exhibit E: April 5 Email, #7 Exhibit F: April 10 Email)No proposed order.Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGBMotions referred to Mary Gordon Baker.(Banias, Bradley) |
| Filing 32 NOTICE of Cancellation of Hearings: Evidentiary Hearing set for Tuesday, 4/2/2019 at 11:30 AM and In Camera Hearing set for 4/4/2019 at 9:00 AM Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(jbry, ) |
| Filing 31 Additional Attachments to Main Document (33 in 2:19-cv-00483-DCN-MGB) MOTION to Preclude Expert Testimony of Robert Condy, Esq. . First attachment description: Notice of Electronic Filing . (Attachments: #1 Exhibit 1, Expert Report)Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(Modica, Matthew) |
| Filing 30 MOTION to Preclude Expert Testimony of Robert Condy, Esq. by J. Al Cannon, Jr, Alex M. Azar, II, Kirstjen Nielsen, Alex M Azar, II, J Al Cannon, Jr, Kirstjen Nielsen, Sheriff Al Cannon Detention Center. Response to Motion due by 4/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGBMotions referred to Mary Gordon Baker.(Modica, Matthew) |
| Filing 29 MOTION to Dismiss by J. Al Cannon, Jr, Alex M. Azar, II, Kirstjen Nielsen, Alex M Azar, II, J Al Cannon, Jr, Kirstjen Nielsen, Sheriff Al Cannon Detention Center. Response to Motion due by 4/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1, S.R. Order of Release, #2 Exhibit 2, A.H. Order of Release)No proposed order.Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGBMotions referred to Mary Gordon Baker.(Modica, Matthew) |
| Filing 28 STATUS REPORT by A.H., Mohammad Abdul Khalik, Mohammed Nuruzzaman, S.R., minor child. (Attachments: #1 Exhibit A: S.R. Bond Documents, #2 Exhibit B: A.H. Bond Documents)Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(Banias, Bradley) |
| Filing 27 MOTION to Preclude Testimony of Robert Condy, Esq. by J. Al Cannon, Jr, Alex M. Azar, II, Kirstjen Nielsen, Alex M Azar, II, J Al Cannon, Jr, Kirstjen Nielsen, Sheriff Al Cannon Detention Center. Response to Motion due by 4/11/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGBMotions referred to Mary Gordon Baker.(Modica, Matthew) |
| Filing 26 NOTICE of Hearing: Evidentiary Hearing set for Tuesday, 4/2/2019 at 11:30 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(jbry, ) |
| Filing 23 Sealed Document in re document (18 in 2:19-cv-00482-DCN-MGB). (Attachments: #1 Exhibit CR Part 1, #2 Exhibit CR Part 2)Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(Banias, Bradley) |
| Filing 22 Minute Entry. Proceedings held before Honorable David C Norton: Status Conference held on 3/14/2019. Discussions with the Court regarding where things stand in the cases as of now and the underlying issues. Court Reporter Debbie Potocki. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(cmur, ) |
| Filing 21 NOTICE of Hearing: Status Conference set for Thursday, 3/14/2019 at 2:30 PM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) |
| Filing 20 TEXT ORDER granting #12 Motion to Seal. Entered at the direction of Magistrate Judge Mary Gordon Baker on 03/12/2019.(hada, ) |
| Filing 19 Sealed Document in re document #14 . (Modica, Matthew) |
| Filing 18 SEALED MOTION by Alex M Azar, II, J Al Cannon, Jr, Kirstjen Nielsen. Response to Motion due by 3/25/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1-Declaration of Dennis Yara, #2 TABS A,B, AND C TO EXHIBIT 1, #3 Exhibit 2-Declaration of Sudi Rogers, #4 Exhibit 3-Notice to Appear-SR, #5 Exhibit 4-Operating Policies and Procedures Memorandum)No proposed order.Motions referred to Mary Gordon Baker.(Modica, Matthew) (Main Document 18 replaced on 3/14/2019) (egra, ). Modified on 3/14/2019 to replace with unredacted version as provided by filing user (egra, ). |
| Filing 17 MOTION for Hearing and a Writ of Habeas Corpus Ad Testificandum by Mohammed Nuruzzaman, S.R., minor child. Response to Motion due by 3/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.Motions referred to Mary Gordon Baker.(Banias, Bradley) |
| Filing 16 MOTION to Consolidate Cases by Mohammed Nuruzzaman, S.R., minor child. Response to Motion due by 3/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.Motions referred to Mary Gordon Baker.(Banias, Bradley) |
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Filing 15
TEXT ORDER: Petitioner shall file a response to #12 Respondents' Motion to Seal by Monday, March 11, 2019. In the response, Petitioner shall also address whether his 2241 petition should be refiled with redactions and/or filed under seal. See Fed. R. Civ. P. 5.2; Local Civ. Rule 5.03 (D.S.C.). Signed by Magistrate Judge Mary Gordon Baker on 03/07/2019. (hada, )
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| Filing 14 RESPONSE in Opposition re #12 MOTION to Seal Response filed by Mohammed Nuruzzaman, S.R., minor child.Reply to Response to Motion due by 3/14/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Banias, Bradley) |
| Filing 13 DELETION OF DOCKET ENTRY NUMBER 11 Reason: Per filing user's request. (hada, ) |
| Filing 12 MOTION to Seal by J Al Cannon, Jr, Kirstjen Nielsen, Sheriff Al Cannon Detention Center. Response to Motion due by 3/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Motion to Dismiss Petition for Writ of Habeas Corpus))Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Mary Gordon Baker.(Modica, Matthew) |
| Filing 10 TEXT ORDER granting #9 Motion for Extension of Time. Respondent must file a return or otherwise respond by March 6, 2019. Entered at the direction of Magistrate Judge Mary Gordon Baker on 3/5/19.(akob, ) |
| Filing 9 MOTION for Extension of Time for Respondent to Reply to Petitioner's Writ of Habeas Corpus by J Al Cannon, Jr, Kirstjen Nielsen, Sheriff Al Cannon Detention Center. Response to Motion due by 3/18/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Mary Gordon Baker.(Modica, Matthew) |
| Filing 7 SUMMONS Returned Executed by S.R., minor child, Mohammed Nuruzzaman. (Attachments: #1 Exhibit A - Proof of Service)(Banias, Bradley) |
| Filing 6 SUMMONS Returned Executed US Attorney's Office for the District of South Carolina by S.R., minor child, Mohammed Nuruzzaman. Alex M Azar, II served on 2/21/2019, answer due 4/22/2019; J Al Cannon, Jr served on 2/21/2019, answer due 4/22/2019; Kirstjen Nielsen served on 2/21/2019, answer due 4/22/2019; Sheriff Al Cannon Detention Center served on 2/21/2019, answer due 4/22/2019. (Attachments: #1 Exhibit A - Proof of Service)(Banias, Bradley) |
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Filing 5
ORDER authorizing service of process by clerk. Directing petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Mary Gordon Baker on 02/20/2019. (hada, ) (Additional attachment(s) added on 2/21/2019: #1 Petition) (hada, ).
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| Filing 4 NOTICE of Appearance by Matthew J Modica on behalf of Alex M Azar, II, J Al Cannon, Jr, Kirstjen Nielsen, Sheriff Al Cannon Detention Center (Modica, Matthew) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 Receipt number 0420-8275057.), filed by S.R., minor child, Mohammed Nuruzzaman, on bhalf of S.R. (Attachments: #1 Exhibit A Flores v. Reno Settlement Agreement, #2 Exhibit B ICE Juvenile Manual) (hada, ) |
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