Tuesday, August 14, 2018

Judge Sullivan's Scheduling Orders In DC District Court -- Re Rights Of Asylum Seekers, Against 45, AG Sessions, and Sec'y. Nielsen...


The able Judge Emmet G. Sullivan ruled yesterday (whilst I was traveling), that the Trump Administration must completely explain (effectively under oath) the circumstances which led to the apparent wilful violation of his crystal clear order to keep asylum seekers in status quo until hearings on the merits of their claims could be set, and they could have time to confer meaningfully with their counsel.

The court has ordered ICE and HS to produce a complete record of the agencies' respective actions over the last few weeks as to Carmen and the other DC asylum seekers. That record, in turn, will then be the basis for future additional lawsuits against the government, alleging Bivens' type actions, and will serve as powerful proof of monetary damages, in these same suit(s). [The Cheeto is once again wasting our taxpayer funds.] Here is that order in full (several others were also entered yesterday -- each containing intensely private information as to the circumstances suffered by the asylum seekers -- but those are rightly shielded from general public review):

. . .MINUTE ORDER.

In view of the [27] parties' joint status report on scheduling, defendants [Trump, Nielsen, Sessions, et al.] shall serve the administrative record and index on the parties by no later than August 17, 2018. The plaintiffs shall complete their review of the administrative record and provide correspondence to the defendants raising any concerns by no later than August 22, 2018. The parties shall attempt to resolve record disputes amongst themselves by no later than August 24, 2018. If the parties resolve the record disputes amongst themselves, the parties are ordered to submit a joint schedule proposal for further proceedings by no later than August 27, 2018.

If the parties are unable to resolve any record disputes, the parties shall adhere to the following schedule for resolution of any disputes by the Court: Any motion to complete/compel/supplement shall be filed by no later than August 29, 2018; any response/opposition shall be filed by no later than September 4, 2018; and any reply shall be filed by no later than September 6, 2018.

One week after either an order resolving all administrative record disputes or the parties resolution of any administrative record concerns themselves, whichever is later, defendants shall file the certified list of the contents of the administrative record with the Court.

The defendants [Trump, Nielsen, Sessions, et al.] shall provide a complete copy of the administrative record, with certified list, to the Court on flash drive(s) or DVD(s).

The Court will schedule further proceedings in this matter following the production of the administrative record and resolution of any disputes regarding the administrative record.

Signed by Judge Emmet G. Sullivan on 8/13/2018. . . .


Now you know. Off to Wrigley Field and a Cubs v. Brewers slugfest, at 1:20! Perfect weather for it as well. . . .

नमस्ते

3 comments:

condor said...

And in scheduling updates, overnight in San Diego -- in Ms. L's case:

". . .Respondents-Defendants, U.S. Immigration and Customs Enforcement, et al., have met and conferred with Petitioners-Plaintiffs, Ms. L., et al. The parties agree and stipulate, in the interests of proceeding with this litigation in the most orderly and efficient manner possible, to extend the time period for Respondent-Defendants to answer Petitioners Plaintiffs second amended complaint. Accordingly, the parties hereby stipulate: Respondent-Defendants’ answer to the second amended complaint shall be due Monday, September 17, 2018. . . ."

Now you know. Onward to the courthouse.

Namaste.

condor said...

Meanwhile, a further report is due later today in the San Diego federal District Court chambers of Judge Sabraw (and a hearing tomorrow, West Coast time), thus:

". . .Pursuant to the status conference held on August 10, 2018, the parties shall submit a further Joint Status Report on or before 3:00 p.m. on August 16, 2018. A further telephonic status conference shall be held on August 17, 2018, at 1:00 p.m. . . . "

Onward.

condor said...

Next conference due in a week:

". . .ORDER Following Status Conference.



A telephonic status conference was held on August 17, 2018. A Joint Status Report shall be filed on or before 3:00 p.m. on August 23, 2018.

A further telephonic status conference shall be held on August 24, 2018, at 1:00 p.m. Signed by Judge Dana M. Sabraw
. . . ."

There you have it.