No decision yet in Taitz v Jeh Johnson, Sylvia Burwell, Barack Obama, the case seeking to quarantine people crossing the border illegally
Posted on | November 20, 2014 | 4 Comments
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Brownsville)
CIVIL DOCKET FOR CASE #: 1:14-cv-00119
|
Taitz v. Johnson et al Assigned to: Judge Andrew S. Hanen Cause: 08:1324 Aliens: Complaint for Forfeiture |
Date Filed: 07/14/2014 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant |
| Plaintiff | ||
| Dr Orly Taitz | represented by | Orly Taitz Law Office of Orly Taitz 29839 Santa Margarita Pkwy Ste 100 Rancho Santa Margarita, CA 92688 949-683-5411 Fax: 949-766-7603 Email: orly.taitz@hushmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Jeh Johnson Secretary of the Department of Homeland Security |
represented by | Colin Kisor United States Dept of Justice, Civil Division PO Box 868, Ben Franklin Station Washington, DC 20044 202-532-4331 Fax: 202 305-7000 Email: colin.kisor@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel David Hu Sarah B Fabian |
| Defendant | ||
| Sylvia Burwell Secretary of Health and Human Services |
represented by | Colin Kisor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel David Hu Sarah B Fabian |
| Defendant | ||
| US President Barack Obama | represented by | Colin Kisor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel David Hu Sarah B Fabian |
| Defendant | ||
| U.S. Border Patrol Rio Grande Valley Section, Brownsville Station |
represented by | Colin Kisor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel David Hu Sarah B Fabian |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/14/2014 | 1 | Emergency Application for Stay of Transportation of Illegal Aliens from the Southern District of Texas to California and Other Areas Around the Country Due to Serious Threat to Public Health, Spread of Infectious Diseases, National Security Threat, Crime Threat and Economic Damages against and Application for an Emergency Stay/Injunction, Seeking Either an Emergency Immediate Turnaround and Deportation of Illegal Aliens or Their Two Months Quarantine in an Enclosed Temporary or Permanent FEMA Facility Due to Epidemic/Outbreak/Spread of Infectious Diseases (Filing fee $ 400) filed by Orly Taitz. (Attachments: # 1Exhibit, # 2 Civil Cover Sheet)(dnoriega, 1) Modified on 7/16/2014 (dnoriega, 1). (Entered: 07/14/2014) |
| 07/14/2014 | Summons Issued as to Jeh Johnson in his capacity as Secretary of DHS; U.S. Border Patrol, Rio Grande Valley, Brownsville Station; Sylvia Burrell, Director of HHS; U.S. President Barack Obama; U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by: First-class mail, filed.(dnoriega, 1) (Entered: 07/14/2014) | |
| 07/14/2014 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/28/2014 at 02:30 PM in Courtroom 6 before Judge Andrew S. Hanen(Signed by Judge Andrew S. Hanen) Parties notified.(dnoriega, 1) (Entered: 07/14/2014) |
| 07/14/2014 | Filing Fee Filing fee: $400 re: 1 Complaint, receipt number BRO003447, filed. (dnoriega, 1) (Entered: 07/14/2014) | |
| 07/23/2014 | 3 | RETURN of Service as to Jeh Johnson, Secretary of DHS, filed.(jtabares, 1) (Entered: 07/23/2014) |
| 07/23/2014 | 4 | RETURN of Service as to U.S. Border Patrol, Rio Grande Valley Section, filed.(jtabares, 1) (Entered: 07/23/2014) |
| 07/23/2014 | 5 | RETURN of Service as to Sylvia Burwell, Director of HHS, filed.(jtabares, 1) (Entered: 07/23/2014) |
| 07/23/2014 | 6 | RETURN of Service as to Clerk of Service of Process, U.S. Attorney, filed.(jtabares, 1) (Entered: 07/23/2014) |
| 07/23/2014 | 7 | RETURN of Service as to Attorney General c/o Clerk of Service of Process, filed.(jtabares, 1) (Entered: 07/23/2014) |
| 07/23/2014 | 8 | RETURN of Service as to Barack Obama, filed.(jtabares, 1) (Entered: 07/23/2014) |
| 07/31/2014 | 9 | NOTICE of Appearance by COLIN A. KISOR on behalf of Sylvia Burwell, Jeh Johnson, Barack Obama, U.S. Border Patrol, filed. (Kisor, Colin) (Entered: 07/31/2014) |
| 08/01/2014 | 10 | ORDER TO SHOW CAUSE. The defendants are ordered to show cause why the emergency relief requested in plaintiff’s emergency application for stay/injunction should not be granted. The government is ordered to comply with this order by 8/11/2014.(Signed by Judge Andrew S. Hanen) Parties notified.(dnoriega, 1) (Entered: 08/01/2014) |
| 08/06/2014 | 11 | Unopposed MOTION Overlength brief by Sylvia Burwell, Jeh Johnson, Barack Obama, U.S. Border Patrol, filed. Motion Docket Date 8/27/2014. (Kisor, Colin) (Entered: 08/06/2014) |
| 08/06/2014 | 12 | CERTIFICATE OF INTERESTED PARTIES by Sylvia Burwell, Jeh Johnson, Barack Obama, U.S. Border Patrol, filed.(Kisor, Colin) (Entered: 08/06/2014) |
| 08/07/2014 | 13 | ORDER granting 11 Motion for Overlength Brief. Defendant’s brief shall not exceed thirty pages,exclusive of a table of authorities and a table of contents(Signed by Judge Andrew S. Hanen) Parties notified.(jtabares, 1) (Entered: 08/07/2014) |
| 08/07/2014 | 14 | MOTION to Expedite due to Exigent Circumstances of Deadly Ebola Epidemic by Orly Taitz, filed. Motion Docket Date 8/28/2014. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(sbejarano, 1) (Entered: 08/07/2014) |
| 08/07/2014 | 15 | MOTION to Expand Stay / Injunction to Include Stay/ Suspension of all Arrivals from the Areas Affected by Deadly Ebola Epidemic, Quarantine all Inidviduals who visited countries with Ebola Epidemic in the Past Twenty one(21) days by Orly Taitz, filed. Motion Docket Date 8/28/2014. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(sbejarano, 1) (Entered: 08/07/2014) |
| 08/07/2014 | 16 | MOTION for this Court to Retain Jurisdiction to Assure Compliance by Orly Taitz, filed. Motion Docket Date 8/28/2014. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6Exhibit 6, # 7 Exhibit 7)(sbejarano, 1) (Entered: 08/07/2014) |
| 08/07/2014 | 17 | MOTION for Orly Taitz to Appear Pro Hac Vice( Motion Docket Date 8/28/2014.), and MOTION to Certify Class by Orly Taitz, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(sbejarano, 1) (Additional attachment(s) added on 8/8/2014: # 8 Verified Status of Bar Membership for Motion Pro Hac Vice) (jtabares, 1). (Entered: 08/07/2014) |
| 08/08/2014 | 18 | MOTION for Dr. Orly Taitz to Appear Pro Hac Vice by Orly Taitz, filed. Motion Docket Date 8/29/2014. (jtabares, 1) (Entered: 08/08/2014) |
| 08/08/2014 | 19 | NOTICE of Appearance by Daniel David Hu on behalf of Sylvia Burwell, Jeh Johnson, Barack Obama, filed. (Hu, Daniel) (Entered: 08/08/2014) |
| 08/08/2014 | 20 | RESPONSE TO 10 ORDER TO SHOW CAUSE, filed by Sylvia Burwell, Jeh Johnson, Barack Obama, U.S. Border Patrol. (Attachments: # 1 Appendix June 15, 2012 memo, # 2 Appendix Flores settlement, # 3Appendix stipulation)(Kisor, Colin) (Entered: 08/08/2014) |
| 08/08/2014 | 21 | NOTICE of Counsel’s schedule re: 10 Order to Show Cause, by Sylvia Burwell, Jeh Johnson, Barack Obama, U.S. Border Patrol, filed. (Kisor, Colin) (Entered: 08/08/2014) |
| 08/12/2014 | 22 | Reply to Defendant’s Answer to Order to Show Cause, Why shouldnt the Court grant Application for Stay/ Injunction as Requested by Plaintiff (dahumada, 1) (Entered: 08/12/2014) |
| 08/13/2014 | 23 | ORDER entered. Miscellaneous Hearing set for 8/27/2014 at 01:30 PM at Courtroom 6 before Judge Andrew S. Hanen. The Court will rule as quickly as it can after the hearing given the emergency nature of the motion.(Signed by Judge Andrew S. Hanen) Parties notified.(sbejarano, 1) (Entered: 08/13/2014) |
| 08/15/2014 | 24 | NOTICE OF ERRATA by Orly Taitz, filed. (jtabares, 1) (Entered: 08/15/2014) |
| 08/15/2014 | 25 | MOTION for Leave of Court to File a Supplemental Brief Under Local Rule 6(D) with evidence showing defendants not even giving notices to illegal alien minors to appear at deportation hearings and also releasing 600 illigal aliens with a criminal record by Orly Taitz, filed. Motion Docket Date 9/5/2014. (sbejarano, 1) (Entered: 08/15/2014) |
| 08/21/2014 | 26 | Witness List by Sylvia Burwell, Jeh Johnson, Barack Obama, filed.(Hu, Daniel) (Entered: 08/21/2014) |
| 08/25/2014 | 27 | MOTION for the Court to Sign on 8-25-14 Subpoenas for Four Border Patrol Officers by Orly Taitz, filed. Motion Docket Date 9/15/2014. (mperez, 1) (Additional attachment(s) added on 8/25/2014: # 1 Exhibit 1, #2 Exhibit 2, # 3 Unredacted attachment, # 4 Exhibit 3, # 5 Unredacted attachment, # 6 Exhibit 4, # 7 Unredacted attachment) (mperez, 1). (Entered: 08/25/2014) |
| 08/25/2014 | 28 | ORDER regarding 27 Motion for Court to Sign on 08.25.2014 Subpoenas for Four Border Patrol Officers to Appear to Court at 08.27.2014 Hearing. (Signed by Judge Andrew S. Hanen) Parties notified.(bcampos, 1) (Entered: 08/25/2014) |
| 08/25/2014 | 29 | Subpoenas issued as to Ronald Zermeno, Gabriel Pacheco, James Harlan, and Chris Harris, filed.(bcampos, 1) (Entered: 08/25/2014) |
| 08/27/2014 | 30 | NOTICE of Appearance by Sarah B. Fabian on behalf of Sylvia Burwell, Jeh Johnson, Barack Obama, U.S. Border Patrol, filed. (Fabian, Sarah) (Entered: 08/27/2014) |
| 08/27/2014 | 31 | MOTION to Quash Subpoena Issued to Ronald Zermeno by Sylvia Burwell, Jeh Johnson, Barack Obama, U.S. Border Patrol, filed. Motion Docket Date 9/17/2014. (Attachments: # 1 Exhibit Declaration of Mr. Zermeno)(Fabian, Sarah) (Entered: 08/27/2014) |
| 08/27/2014 | Minute Entry for proceedings held before Judge Andrew S. Hanen. MOTION HEARING held on 8/27/2014. Appearances: O.Taitz, Atty/Plaintiff; D.Hu, AUSA; C.Kisor, AUSA;(Court Reporter: B.Barnard)(01:31-03:44/ 03:55-05:49). All parties present and ready to proceed. Discussion held as to pending motions. Oral argument held. Govts witness K. Oaks sworn in/ testified/ cross. Govts Exhibits #2,#3,#4 admitted. Defts Exhibit #1 admitted. Court Break. Court Resumes. All parties present. Govts Witness T.Brooks sworn in/ testified/ cross. Govts Witness A.Fierro sworn in/ testified/ cross. Govt concludes its presentation. O.Taitz addressed the Court. Court addressed the parties. Court DENIES the termporary restraining order. Plaintiff has until 09/12/14 to file amended complaint. Defendants have until 10/03/14 to respond either by answer or by motion to dismiss. Plaintiff may reply by 10/17/14. Injunction hearing will be held on 10/29/14 at 10:00 am. Initial Conference set for 10/28/14 is cancelled. Depositions to be taken after amended complaint and with Courts permission. Court adjourned., filed.(csustaeta, 1) Modified on 8/28/2014 corrected Plaintiff may reply by month from 11 to 10 & due to 32 Order. (csustaeta, 1). (Entered: 08/27/2014) | |
| 08/27/2014 | ***Set/Reset Hearings: Injunction Hearing set for 10/29/2014 at 10:00 AM in Courtroom 6 before Judge Andrew S. Hanen. (csustaeta, 1) (Entered: 08/27/2014) | |
| 08/28/2014 | 32 | ORDER entered. On the 28th day of August, 2014, the Court denied the request for Temporary Restraining Order and ordered the following: Amended Complaint due by 9/12/2014. Answer due by 10/3/2014. Replies due by 10/17/2014. Injunction Hearing set for 10/29/2014 at 10:00 AM in Courtroom 6 before Judge Andrew S. Hanen.(Signed by Judge Andrew S. Hanen) Parties notified.(avleal, 1) (Entered: 08/28/2014) |
| 08/28/2014 | 33 | ORDER denying as moot 31 Motion to Quash. The Parties should attempt to reach an agreement on the items subject to the subpoenas duces tecum. The Court will resolve any unresolved issues regarding the subpoenas by telephone conference.(Signed by Judge Andrew S. Hanen) Parties notified.(jtabares, 1) (Entered: 08/28/2014) |
| 08/28/2014 | 34 | Government’s Motion Hearing EXHIBITS #2,#3,# 4 by, filed.(dahumada, 1) (Entered: 08/28/2014) |
| 08/28/2014 | 35 | Defendant’s Motion Hearing EXHIBIT #1, filed.(dahumada, 1) (Entered: 08/28/2014) |
| 09/02/2014 | 36 | AO 435 TRANSCRIPT ORDER FORM by Plaintiff. This is to order a transcript of Motion Hearing held on 8/27/14 before Judge Andrew S. Hanen (original). Court Reporter/Transcriber: Barbara Barnard, filed. (bcampos, 1) (Entered: 09/02/2014) |
| 09/04/2014 | 37 | AO 435 TRANSCRIPT ORDER FORM by Daniel D Hu. This is to order a transcript of Motion Hearing held on 08/27/2014 before Judge Andrew S. Hanen (original). Court Reporter/Transcriber: Barbara Barnard, filed. (dahumada, 1) (Additional attachment(s) added on 9/4/2014: # 1 Unredacted attachment) (dahumada, 1). (Entered: 09/04/2014) |
| 09/05/2014 | 38 | TRANSCRIPT re: Hearing on all motions held on 8/27/14 before Judge Andrew S. Hanen. Court Reporter/Transcriber Barbara Barnard. Ordering Party Dr. Orly Taitz Release of Transcript Restriction set for 12/4/2014., filed. (bbarnard, ) (Entered: 09/05/2014) |
| 09/08/2014 | 39 | Notice of Filing of Official Transcript as to 38 Transcript. Party notified, filed. (sbejarano, 1) (Entered: 09/08/2014) |
| 09/11/2014 | 40 | AMENDED Complaint against All Defendants filed by Orly Taitz. (Attachments: # 1 Continuation Amended Complaint, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 4 Continuation, # 7Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 6 Continuation, # 10 Exhibit 7)(dnoriega, 1) Modified on 9/11/2014 (dnoriega, 1). (Attachment 1 replaced on 9/11/2014) (dnoriega, 1). (Entered: 09/11/2014) |
| 09/17/2014 | 41 | AO 435 TRANSCRIPT ORDER FORM by Robert Haggard. This is to order a transcript of Pre-Trial Motion Hearing held on 8/27/2014 before Judge Andrew S. Hanen (Copy). Court Reporter/Transcriber: B. Barnard, filed. (dnoriega, 1) (Additional attachment(s) added on 9/17/2014: # 1 Unredacted attachment) (dnoriega, 1). (Entered: 09/17/2014) |
| 10/03/2014 | 42 | MOTION to Dismiss 40 Amended Complaint/Counterclaim/Crossclaim etc., by Sylvia Burwell, Jeh Johnson, Barack Obama, U.S. Border Patrol, filed. Motion Docket Date 10/24/2014. (Attachments: # 1 Appendix)(Kisor, Colin) (Entered: 10/03/2014) |
| 10/17/2014 | 43 | OPPOSITION to 42 MOTION to Dismiss 40 Amended Complaint/Counterclaim/Crossclaim etc., , filed by Orly Taitz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order)(mperez, 1) (Entered: 10/17/2014) |
| 10/24/2014 | 44 | Supplemental Application for Stay Due to New Evidence Summary of the Application (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8Exhibit 7)(dahumada, 1) (Entered: 10/24/2014) |
| 10/27/2014 | 45 | Witness List by Sylvia Burwell, Jeh Johnson, Barack Obama, filed.(Hu, Daniel) (Entered: 10/27/2014) |
| 10/27/2014 | 46 | Exhibit List by Sylvia Burwell, Jeh Johnson, Barack Obama, filed.(Hu, Daniel) (Entered: 10/27/2014) |
| 10/28/2014 | 47 | Witness List by Orly Taitz, filed.(jtabares, 1) (Entered: 10/28/2014) |
| 10/29/2014 | Minute Entry for proceedings held before Judge Andrew S. Hanen. INJUNCTION HEARING held on 10/29/2014. Appearances: Orly Taitz f/Plaintiff, Colin Kisor and Daniel David Hu f/Defendants; (Court Reporter: B.Barnard)(10:26-11:50/ 12:50-02:55/ 03:12-05:40) All parties present and ready to proceed. Plaintiff Dr. Taitz addressed the Court. Plaintiff calls witness V.Dolan sworn in/ testified. Court Breaks for Lunch. Court Resumes. All parties present. Continuation of Plaintiff witness V.Dolan cross examination/ redirect/ step down. Defendants(Govt) calls witness K.Oaks sworn in/ testified/ cross/ redirect/ step down. Witness Dr. M.Escobedo sworn in/ testified. Court Break. Court Resumes. All parties present. Continuation of Defendants(Govt) witness Dr. M. Escobedo testified/ cross/ excused. Court asked questions to K.Oaks Chief, Rio Grande Valley Sector, Border Patrol, U.S Customs and Border Protection. Plaintiff Dr. Taitz addressed the court as to Temporary Injunction. Discussion held. Court will decide and write an order. If parties would like to file anything with the Court Plaintiff has until 7 th of November and Defendant may file a response by the 14th of November. Plaintiffs Exhibits #1 thru #4 admitted. Defendants(Govts) Exhibits #2 thru #9, #11 thru #15 admitted. Court Adjourned., filed.(csustaeta, 1) (Entered: 10/30/2014) | |
| 10/30/2014 | 48 | Government EXHIBITS #2-9 and 11-15, filed. (Attachments: # 1 Continuation, # 2 Continuation, # 3 Continuation, # 4 Continuation)(sbejarano, 1) (Entered: 10/30/2014) |
| 10/30/2014 | 49 | Plaintiff’s EXHIBITS #1-4 by Orly Taitz, filed.(sbejarano, 1) (Entered: 10/30/2014) |
| 11/07/2014 | 50 | Supplemental Brief Submitted By November 7, 2014 Per 10.29.2014 Court Order by Orly Taitz, filed.(dahumada, 1) (Entered: 11/07/2014) |
| 11/13/2014 | 51 | RESPONSE to supplemental brief, filed by Sylvia Burwell, Jeh Johnson, Barack Obama, U.S. Border Patrol. (Kisor, Colin) (Entered: 11/13/2014) |
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4 Responses to “No decision yet in Taitz v Jeh Johnson, Sylvia Burwell, Barack Obama, the case seeking to quarantine people crossing the border illegally”
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November 20th, 2014 @ 2:51 pm
There is a decision. It has been dismissed. The opinion is pending. It just hasn’t been put on the docket as of now. I think Hanen is waiting until after Thanksgiving.
November 21st, 2014 @ 7:05 am
really, how do you know that? are you the clerk working for Hanen or you just make up garbage, as always, in order to spoil my Thanksgiving?
November 21st, 2014 @ 7:18 am
Obama has a slew of lawyers at taxpayer expense-who don’t come cheap-I want my money back
November 21st, 2014 @ 7:53 am
Bob is just a troll