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Jimenez v. McAleenan, 18-10225-MLW. (2019)

Court: District Court, D. Massachusetts Number: infdco20190809915 Visitors: 19
Filed: Aug. 07, 2019
Latest Update: Aug. 07, 2019
Summary: ORDER MARK L. WOLF , District Judge . For the reasons stated in court on August 2, 2019, and in the lobby conference that followed it, it is hereby ORDERED that: 1. Petitioners shall, By August 6, 2019, file a memorandum that either states that they do not continue to object to the unsealing of the unredacted version of the Declaration of Class Member Regarding Motion for Order to Show Cause (Docket No. 327) (the "August 2 Declaration") or explains why the redactions are justified. 2. The
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ORDER

For the reasons stated in court on August 2, 2019, and in the lobby conference that followed it, it is hereby ORDERED that:

1. Petitioners shall, By August 6, 2019, file a memorandum that either states that they do not continue to object to the unsealing of the unredacted version of the Declaration of Class Member Regarding Motion for Order to Show Cause (Docket No. 327) (the "August 2 Declaration") or explains why the redactions are justified.

2. The parties shall, by August 8, 2019, confer and report regarding any agreement they have reached concerning: (a) changes the Boston office of Immigration and Customs Enforcement ("ICE-Boston") will make to the Notice to Alien of File Custody Review provided to individuals in custody and related issues; (b) the result of ICE-Boston's custody review of the individual who is the subject of the August 2 Declaration, based ICE-Boston's review of the information filed by that individual's spouse in connection with the custody review; and (c) what, if anything, ICE-Boston intends to do concerning the individuals in custody identified in respondents' July 12, 2019 detention report (Docket No. 315-1). If the parties have not reached an agreement concerning issue (c), they shall propose dates by which petitioners shall file a memorandum supplementing their Motion to Show Cause and replying to defendants' response to that motion, and by which respondents shall file a sur-reply.

3. The parties' Joint Motion for Protective Order (Docket No. 316) is ALLOWED with the following modifications. The court may modify the Protective Order sua sponte after giving the parties notice and an opportunity to be heard. With any motion to seal, a party shall file under seal the document sought to be sealed and a redacted version of it for the public record. The Protective Order shall govern only pre-trial proceedings.

4. Respondents' Unopposed Request to Extend Deadline for Production of Discovery to August 14, 2019 (Docket No. 320) is ALLOWED.

5. A Federal Rule of Civil Procedure 16(b) conference shall be held on August 27, 2019, at 2:00 p.m. The parties shall confer and, by August 20, 2019, file a joint statement in which they (a) identify their remaining discovery disputes and explain their respective positions concerning each; (b) propose a schedule for this case addressing the issues in the attached blank Scheduling Order; and (c) indicate whether they have reached an agreement regarding when ICE-Boston will provide a custody review notice to detained individuals and the number of days after detention that ICE-Boston will conduct a custody review, for both class members within and outside the removal period, or if the parties propose to litigate that issue further. See Aug. 2, 2019 Tr. (Docket No. 330) at 80-81; Jimenez v. Cronen, 317 F.Supp.3d 626, 652-53 (D. Mass. 2018).

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

LILIAN PAHOLA CALDERON JIMENEZ AND LUIS GORDILLO, ET AL., individually and on behalf of all others similarly situated, Petitioners-Plaintiffs, v. C.A. No. 18-10225-MLW KEVIN McALEENAN, ET AL., Respondents-Defendants.

SCHEDULING ORDER

This case is governed procedurally by the 1992 Amendments to the Local Rules of the United States District Court for the District of Massachusetts (the "Local Rules"), which implement the District's Civil Justice Expense and Delay Reduction Plan. Counsel must, therefore, comply with the relevant Local Rules in the litigation of this case.

It is hereby ORDERED pursuant to Fed. R. Civ. P. 16(b) and Local Rule 16(f) that:

[] 1. _______________ shall respond to the Complaint by _______________.

[] 2. Any proposed party who has not yet been served shall be served by _______________. Counsel shall within 14 days thereafter file a return of service or a statement that service has not been accomplished and that the claims against the previously named proposed party shall be dismissed without prejudice.

[] 3. Any Motion to Amend the pleadings, or any Motion to File additional pleadings, shall be filed by _______________, and responses shall be filed as required by the applicable provisions of the Federal Rules of Civil Procedure.

[] 4. The parties shall by _______________ make the automatic document disclosure required by Federal Rules of Civil Procedure 26(a)(1) and Local Rule 26.2(A) and, if applicable, disclose the information required by Local Rule 35.1

[] 5. The parties shall by _______________ make the disclosure authorized by Federal Rules of Civil Procedure 26(a)(1) and Local Rule 26.1(b)(1) and (2).

[] 6. All dispositive motions except motions for summary judgment shall be filed by _______________ and responses shall be filed fourteen days thereafter pursuant to Local Rule 7.1.

[] 7. Discovery shall initially be limited to the issue(s) of _________________________________, and shall be complete by _________________.

[] 8. Counsel for the parties shall meet at least once to explore the possibility of settlement and report to the court by the status and prospects for settlement.

If the case is not settled, the parties shall report whether they wish to participate in mediation to be conducted by a magistrate judge or attorney on the Court's panel of mediators.

[] 9. A settlement conference, which must be attended by trial counsel with full settlement authority or with their clients, shall be held on ___________________, at ________.

[] 10. A status and case management conference will be held by Magistrate Judge ___________________ on a date to be scheduled by him in ___________________.

[] 11. Plaintiff(s) and/or Counterclaim or Third Party Plaintiff(s) shall by ___________________ designate experts and disclose the information described in Fed. R. Civ. P. 26(a)(2), concerning each expert. Each other party shall by ________________ designate expert(s) and disclose the information described in Fed. R. Civ. P. 26(a)(2).

[] 12. All discovery shall be complete by _______________.

[] 13. Counsel for the parties shall confer and, by ________, file a report as to the prospects for settlement and whether either party feels there is a proper basis for filing a motion for summary judgment.

[] 14. A scheduling conference will be held on _____________ at ___________ and must be attended by trial counsel with full settlement authority or with their client(s). If appropriate, a schedule for filing motions for summary judgment will be established at this conference.

[] 15. A final pretrial conference will be held on ____________ at ___________ and must be attended by trial counsel with full settlement authority or with their client. Counsel shall be prepared to commence trial as of the date of the final pretrial conference.

[] 16. Trial shall commence on _______________.

[] 17. This case is hereby referred to Magistrate Judge __________________ for all pretrial proceedings, including reports and recommendations concerning any dispositive motions.

All provisions and deadlines contained in this Order having been established with the participation of the parties to this case, any requests for modification must be presented to the judge or magistrate judge, if referred for case management proceedings. Any requests for extension will be granted only for good cause shown supported by affidavits, other evidentiary materials, or reference to pertinent portions of the record. The request shall be made by motion and shall contain the reasons for the request, a summary of the discovery which remains to be taken, and a date certain when the requesting party will complete the additional discovery.

Counsel are encouraged to seek an early resolution of this matter. Additional case management conferences may be scheduled by the Court or upon the request of counsel.

By the Court, ___________________ ___________________ DATE DEPUTY CLERK
Source:  Leagle

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