J.M.G. v. Hayes et al
Plaintiff: J.M.G.
Defendant: Alex Azar, Jallyn Sualog, Timothy Smith, Jonathan Hayes, Brenda Gardner, Lynn Johnson, Natasha David and Timothy Showalter
Case Number: 5:2019cv00051
Filed: July 12, 2019
Court: US District Court for the Western District of Virginia
Presiding Judge: Michael F Urbanski
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2019 Filing 36 NOTICE of Voluntary Dismissal by J.M.G. (Hsieh, Samantha)
August 29, 2019 Opinion or Order Filing 35 Oral ORDER granting #29 Motion to Dismiss ; granting #34 Motion to Substitute Party. Timothy Showalter added. Timothy Smith (Executive Director, Shenandoah Valley Juvenile Center) terminated. Entered by Chief Judge Michael F. Urbanski on 8/29/19. (mka)
August 28, 2019 Filing 34 MOTION to Substitute Party Timothy Showalter for Timothy Smith by J.M.G.. (Hsieh, Samantha)
August 16, 2019 Filing 33 RESPONSE TO ORDER TO SHOW CAUSE . filed by J.M.G.. (Appelbaum, Adina)
August 16, 2019 Filing 32 Response re #28 Order to Show Cause , RESPONSE TO ORDER TO SHOW CAUSE . filed by Alex Azar, Natasha David, Jonathan Hayes, Lynn Johnson, Jallyn Sualog. (Rottenborn, Laura)
August 14, 2019 Filing 31 AFFIDAVIT of Service for Complaint and Summons on July 17, 2019, filed by J.M.G.. (Attachments: #1 Exhibit A)(Appelbaum, Adina)
August 9, 2019 Filing 30 Brief / Memorandum in Support re #29 MOTION to Dismiss . filed by Timothy Smith. (Botkins, Jason)
August 9, 2019 Filing 29 MOTION to Dismiss by Timothy Smith. (Attachments: #1 Text of Proposed Order)(Botkins, Jason)
August 6, 2019 Opinion or Order Filing 28 ORDER TO SHOW CAUSE. Show Cause Response due within ten (10) days of the entry of this Order.. Signed by Chief Judge Michael F. Urbanski on 8/6/2019. (jv)
July 25, 2019 Filing 27 NOTICE of Appearance by Joshua Sean Everard on behalf of Timothy Smith (Everard, Joshua)
July 25, 2019 Filing 26 NOTICE of Appearance by Jason Botkins on behalf of Timothy Smith (Botkins, Jason)
July 22, 2019 Filing 25 NOTICE by J.M.G. re #23 (Appelbaum, Adina)
July 22, 2019 Filing 24 NOTICE by Alex Azar, Natasha David, Jonathan Hayes, Lynn Johnson, Jallyn Sualog (Rottenborn, Laura)
July 19, 2019 Opinion or Order Filing 23 ORDER granting #16 Motion for Preliminary Injunction Requiring Affirmative Action To Return Unaccompanied Child. Signed by Chief Judge Michael F. Urbanski on 7/19/19. (mka)
July 19, 2019 Filing 22 Minute Entry for proceedings held before Chief Judge Michael F. Urbanski: Motion Hearing held on 7/19/2019 re #16 MOTION to Amend/Correct #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and for Preliminary Injunction Requiring Affirmative Action or MOTION for Writ of Mandamus to Return Unaccompanied Child filed by J.M.G.. Order forthcoming. (Court Reporter: JoRita Meyer) (mka)
July 19, 2019 Filing 21 NOTICE of Hearing on Motion #16 MOTION to Amend/Correct #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and for Preliminary Injunction Requiring Affirmative Action or MOTION for Writ of Mandamus to Return Unaccompanied Child : (CR) (No Interpreter requested) Motion Hearing set for 7/19/2019 04:15 PM in Roanoke before Chief Judge Michael F. Urbanski. (mka)
July 19, 2019 Filing 20 Minute Entry for proceedings held before Chief Judge Michael F. Urbanski: Motion Hearing held on 7/19/2019 re #16 MOTION to Amend/Correct #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and for Preliminary Injunction Requiring Affirmative Action or MOTION for Writ of Mandamus to Return Unaccompanied Child filed by J.M.G.. Agreed order to be submitted to court by parties for entry. (Court Reporter: Judy Webb) (mka)
July 19, 2019 Filing 19 NOTICE of Hearing on Motion #16 MOTION to Amend/Correct #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and for Preliminary Injunction Requiring Affirmative Action or MOTION for Writ of Mandamus to Return Unaccompanied Child : (CR) (No Interpreter requested) Motion Hearing continued, 7/19/2019 02:30 PM in Roanoke before Chief Judge Michael F. Urbanski. Parties are to use the same dial in instructions previously provided.(mka)
July 19, 2019 Filing 18 Minute Entry for proceedings held before Chief Judge Michael F. Urbanski: Motion Hearing held on 7/19/2019 re #16 MOTION to Amend/Correct #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and for Preliminary Injunction Requiring Affirmative Action or MOTION for Writ of Mandamus to Return Unaccompanied Child filed by J.M.G.. Parties to reconvene at 2:30pm 7/19/19; the same dial in instructions are to be used. (Court Reporter: Judy Webb) (mka)
July 18, 2019 Filing 17 NOTICE of Hearing on Motion #16 MOTION to Amend/Correct #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and for Preliminary Injunction Requiring Affirmative Action or MOTION for Writ of Mandamus to Return Unaccompanied Child : (CR) (No Interpreter requested) Motion Hearing set for 7/19/2019 10:00 AM in Roanoke before Chief Judge Michael F. Urbanski. Dial in instructions emailed to counsel.(mka)
July 17, 2019 Filing 16 MOTION to Amend/Correct #2 MOTION for Temporary Restraining Order , MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction and for Preliminary Injunction Requiring Affirmative Action or, MOTION for Writ of Mandamus to Return Unaccompanied Child by J.M.G.. (Attachments: #1 Exhibit A, Declaration of Claudia Cubas, #2 Exhibit A of Declaration, #3 Text of Proposed Order)(Appelbaum, Adina)
July 17, 2019 Filing 15 Response re #11 Notice (Other), #10 Notice (Other) . filed by Alex Azar, Natasha David, Brenda Gardner, Jonathan Hayes, Lynn Johnson, Timothy Smith, Jallyn Sualog. (Rottenborn, Laura)
July 17, 2019 Filing 14 Electronic Summons Issued as to Alex Azar, Natasha David, Brenda Gardner, Jonathan Hayes, Lynn Johnson, Timothy Smith, Jallyn Sualog, U.S. Attorney and U.S. Attorney General. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jv)
July 16, 2019 Filing 13 Proposed Summons by J.M.G. as to Alex Azar, Natasha David, Brenda Gardner, Jonathan Hayes, Lynn Johnson, Timothy Smith, Jallyn Sualog.(Appelbaum, Adina)
July 16, 2019 Filing 12 Magistrate Consent Notice to Parties. (jv)
July 15, 2019 Filing 11 NOTICE by J.M.G. re #9 , #10 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Appelbaum, Adina)
July 12, 2019 Filing 10 NOTICE by J.M.G. re #9 , #2 , #1 Letter to the Court Informing of Actions by Defendants in J.M.G.s Immigration Court Case (Appelbaum, Adina)
July 12, 2019 Filing 9 Minute Entry for proceedings held before Chief Judge Michael F. Urbanski: Motion Hearing held on 7/12/2019 re #2 MOTION for Temporary Restraining Order filed by J.M.G.. Court takes motion under advisement, parties to report back to court on Monday, 7/15. (Court Reporter: Mary Butenschoen) (mka)
July 12, 2019 Opinion or Order Filing 8 ORDER granting #6 MOTION for Jenny Kim to Appear Pro Hac Vice ; granting #7 MOTION for Samantha Hsieh to Appear Pro Hac Vice. Signed by Chief Judge Michael F. Urbanski on 7/12/2019. (jv)
July 12, 2019 Filing 7 MOTION for Samantha Hsieh to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3181461. by J.M.G.. (Attachments: #1 Text of Proposed Order)(Appelbaum, Adina)
July 12, 2019 Filing 6 MOTION for Jenny Kim to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3181420. by J.M.G.. (Attachments: #1 Text of Proposed Order)(Appelbaum, Adina)
July 12, 2019 Filing 5 Exhibit in Support of Motion for Temporary Restraining Order and Preliminary Injunction and Complaint for Declaratory and Injunctive Relief and Petition for Writ of Habeas Corpus (Appelbaum, Adina)
July 12, 2019 Filing 4 Exhibit Declaration of Asylum Attorney Courtnie Gore in Support of Motion for a Temporary Restraining Order and Preliminary Injunction and Complaint for Declaratory and Injunctive Relief and Petition for a Writ of Habeas Corpus (Appelbaum, Adina)
July 12, 2019 Filing 3 NOTICE of Hearing on Motion #2 MOTION for Temporary Restraining Order : (CR) (No Interpreter requested) Motion Hearing set for 7/12/2019 03:30 PM in Roanoke before Chief Judge Michael F. Urbanski. (mka)
July 12, 2019 Filing 2 MOTION for Temporary Restraining Order by J.M.G.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Text of Proposed Order)(Appelbaum, Adina)
July 12, 2019 Filing 1 COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND PETITION FOR A WRIT OF HABEAS CORPUS against Alex Azar, Natasha David, Brenda Gardner, Jonathan Hayes, Lynn Johnson, Timothy Smith, Jallyn Sualog (Filing & Administrative fee $ 400 receipt number 0423-3181025.), filed by J.M.G.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1. USDC of Central District of California Civil Minutes, #3 Exhibit 2. Stipulated Settlement Agreement as filed in the USDC of Central District of California, #4 Exhibit 3. Office of Refuge Resttlement, #5 Exhibit 4. Residential Treatment Centers)(jv)

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Defendant: Alex Azar
Represented By: Laura Day Rottenborn
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Defendant: Jallyn Sualog
Represented By: Laura Day Rottenborn
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Defendant: Timothy Smith
Represented By: Joshua Sean Everard
Represented By: Jason Botkins
Represented By: Laura Day Rottenborn
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Defendant: Jonathan Hayes
Represented By: Laura Day Rottenborn
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Defendant: Brenda Gardner
Represented By: Laura Day Rottenborn
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Defendant: Lynn Johnson
Represented By: Laura Day Rottenborn
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Defendant: Natasha David
Represented By: Laura Day Rottenborn
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Defendant: Timothy Showalter
Represented By: Laura Day Rottenborn
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Plaintiff: J.M.G.
Represented By: Adina Bassin Appelbaum
Represented By: Samantha Hsieh
Represented By: Jenny Kim
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