Oldaker v. GILES et al
| Georgia Middle District Court | |
| Judge: | W Louis Sands |
| Referred: | Stephen Hyles |
| Case #: | 7:20-cv-00224 |
| Nature of Suit | 463 Immigration - Habeas Corpus - Alien Detainee |
| Cause | 28:1346 Tort Claim |
| Case Filed: | Nov 09, 2020 |
| Last checked: Saturday May 08, 2021 4:58 AM EDT |
|
Amicus
THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS
|
Represented By
|
|
Amicus
SISTERLOVE INC
|
Represented By
|
|
Amicus
NATIONAL WOMENS LAW CENTER
11 Dupont Circle NW
Washington, DC 20036 |
Represented By
|
|
Amicus
NATIONAL LATINA INSTITUTE FOR REPRODUCTIVE JUSTICE
|
Represented By
|
|
Amicus
NATIONAL ASIAN PACIFIC AMERICAN WOMENS FORUM
|
Represented By
|
|
Amicus
IMMIGRATION LAW SCHOLARS
|
Represented By
|
|
Notice
UNITED STATES OF AMERICA (NOTICE)
|
|
|
Petitioner
JANE DOE 22
|
Represented By
|
|
Petitioner
NDONGA MBETI
|
Represented By
|
|
Petitioner
JANE DOE 5
|
Represented By
|
|
Petitioner
JANE DOE 6
|
Represented By
|
|
Petitioner
JANE DOE 8
|
Represented By
|
|
Petitioner
YANIRA YESENIA OLDAKER
|
Represented By
|
|
Petitioner
KEYNIN JACKELIN REYES RAMIREZ
|
Represented By
|
|
Petitioner
LOURDES TERRAZAS SILAS
|
Represented By
|
|
Petitioner
TATYANA ALEKSEYEVNA SOLDOKOVA
|
Represented By
|
|
Petitioner
LUZ ADRIANA WALKER
|
Represented By
|
|
Petitioner
ANA GABRIELA ADAN-CAJIGAL
IRWIN COUNTY DETENTION CTR 132 COTTON DR
OCILLA, GA 31774 |
Represented By
|
|
Petitioner
JANE DOE 15
|
Represented By
|
|
Petitioner
JAROMY JAZMIN FLORIANO NAVARRO
|
Represented By
|
|
Respondent
FNU SLACK
|
|
|
Respondent
FNU SCOTT
|
|
|
Respondent
FNU SMITH
|
|
|
Respondent
KENNETH T CUCCINELLI
|
Represented By
|
|
Respondent
US DEPARTMENT OF HOMELAND SECURITY
|
Represented By
|
|
Respondent
US DEPARTMENT OF JUSTICE
|
Represented By
|
|
Respondent
US IMMIGRATION AND CUSTOMS ENFORCEMENT
|
Represented By
|
|
Respondent
FNU VAUGHN
|
|
|
Respondent
FNU CONEY
|
|
|
Respondent
CHAD WOLF
Washing, DC 20528
|
Represented By
|
|
Respondent
CESAR CIPRIAN
|
|
|
Respondent
TAE D JOHNSON
|
Represented By
|
|
Respondent
FNU BATTLE
|
|
|
Respondent
WILLIAM BARR
in his official capacity as Attorney General of the United States US Department of Justice 950 Pennsylvania Ave. NW
Washington, DC 20530 |
Represented By
|
|
Respondent
MAHENDRA AMIN
|
Represented By
|
|
Respondent
FNU FAISON
|
|
|
Respondent
ANA RIVERA
|
|
|
Respondent
WILLIAM RABIOU
|
|
|
Respondent
TONY PHAM
|
|
|
Respondent
DAVID PAULK
|
Represented By
|
|
Respondent
MARTEKA GEORGE
|
|
|
Respondent
PATRICK MUSANTE
|
|
|
Respondent
MIA MINES
|
|
|
Respondent
LASALLE SOUTHEAST LLC
|
Represented By
|
|
Respondent
JOHN DOE OFFICERS 1-X
|
|
|
Respondent
JOHN DOE OFFICALS 1-X
|
|
|
Respondent
FNU HANES
|
|
|
Respondent
HOSPITAL AUTHORITY OF IRWIN CO
|
Represented By
|
|
Respondent
FNU HUGHES
|
|
|
Respondent
IRWIN COUNTY DETENTION CENTER
|
Represented By
|
| TERMINATED PARTIES | |
|
Respondent
THOMAS P GILES
Terminated: 03/15/2021
Atlanta, GA 30303
|
Represented By
|
GPO
Aug 04 2021
ORDER granting in part and denying in part 55 Motion to Seal Document ; granting in part and denying in part 59 Motion to Seal Document. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 8/4/2021. (rlw) |
|
|
GPO
Aug 25 2021
ORDER denying without prejudice 154 Motion for Reconsideration; denying without prejudice 155 Motion for Reconsideration. However, having obtained access the documents referenced in the Motions to Seal, Dr. Amin and the Hospital may file a brief in opposition to the Petitioners' Motions to Seal (Docs. 55 & 59) or to the Courts order resolving the Motions to Seal (Doc. 152) no later than Friday, September 17, 2021. Petitioners shall reply thereto no later than fourteen days thereafter. The Court will consider the Parties' arguments after that time. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 8/25/2021. (rlw) |
|
|
GPO
Sep 17 2021
ORDER denying as moot without prejudice 56 Motion for TRO. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 9/17/2021. (rlw) |
|
|
GPO
Sep 27 2021
ORDER that any parties who wish to object to the requested extension of the stay SHALL file an objection no later than Friday, October 1, 2021. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 9/27/2021. (sbd) |
|
|
GPO
Jan 10 2022
ORDER that any objection to the requested extension of the stay must be filed no later than Friday, January 14, 2022. Otherwise, the stay of this case will be extended re 179 Status Report. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 1/10/2022. (rlw) |
|
|
GPO
Jan 13 2022
ORDER granting 181 Motion Set Response Deadline. Unless otherwise ordered by the Court, Dr. Amin's responses to the Complaint (Doc. 54) and the Motion to Seal (Doc. 55) are due no later than fourteen days after the Court lifts the stay in this this case. Furthermore, unless and until the Court issues an order lifting the stay, the stay is effectively extended and Dr. Amin's fourteen days to respond will not be triggered. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 1/13/2022 (rlw) |
|
|
GPO
Jan 19 2022
ORDER that any reply brief to the Petitioners-Plaintiff's Opposition to Extension of Stay shall be filed no later than Friday, January 28, 2022 re 183 RESPONSE in Opposition. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 1/19/2022. (rlw) |
|
|
GPO
Feb 01 2022
ORDER that the Court hereby LIFTS the stay of this case. Petitioners shall file a Motion to Amend their Consolidated Complaint no later than Tuesday, February 22, 2022. Defendants-Respondents may respond thereto no later than Tuesday, March 5, 2022. Discovery in this case remains STAYED until further order of the Court for good cause as explained herein. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 2/1/2022. (rlw) |
|
|
GPO
Feb 24 2022
ORDER to clarify that Defendants-Respondents may respond to the Motion to Amend Consolidated Amended Petition and Complaint 189 no later than Tuesday, March 15, 2022. Petitioners-Plaintiffs may reply within fourteen days of the responses being filed. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 2/24/2022. (rlw) |
|
|
GPO
Mar 25 2022
ORDER granting 199 Motion to File Consolidated Reply Brief. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 3/24/2022. (sbd) |
|
|
GPO
Dec 19 2022
on 12/19/2022. (rlw) ORDER granting 221 Joint Motion to Set Briefing Schedule. Defendants shall file any answers, motions to dismiss, or other responses to the SAC on or before Monday, January 23, 2023; Plaintiffs shall file any responses to any motions to dismiss, or other responses filed by Defendants to the SAC on or before Monday, February 20, 2023; and Defendants may file any reply briefs on or before Monday, March 20, 2023. Ordered by US DISTRICT JUDGE W LOUIS SANDS |
|
|
GPO
Jan 03 2023
ORDER that Plaintiffs are to serve process on Defendants Marteka George, Mia Mines and William Rabiou, in their individual capacities, consistent with the Rules within thirty (30) days of entry of this Order. Plaintiffs are FURTHER ORDERED to amend their SAC to substitute the name of the real parties as soon as the identity of the Unnamed and/or Unknown Defendants are known, or should reasonably become known, but in any event, before the close of discovery and to serve process on Unnamed Defendants and Unknown Defendants consistent with the Rules at the time they amend the SAC. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 1/3/2023. (rlw) |
|
|
GPO
Feb 22 2023
ORDER granting 251 Motion to File Consolidated Response Brief and Objecting Defendants' Objection is OVERRULED. Plaintiffs' shall be permitted to file a single consolidated brief of no more than ninety pages in response to the seven motions to dismiss (Docs. 231, 227, 232, 233, 234, 235, 242). Ordered by US DISTRICT JUDGE W LOUIS SANDS on 2/21/2023. (rlw) |
|
|
GPO
May 04 2023
ORDER denying 277 without prejudice Motion for Order to Show Cause and granting 288 Motion to Intervene. Discovery in this case remains STAYED until further of the Court. On or before August 2, 2023, Counsel for the Official Capacity Federal Defendants shall file a statement in the record advising the Court whether the criminal and internal investigations are still ongoing and, to the extent Counsel is able, provide an estimate of when the investigations will be concluded, or when discovery in this case will no longer potentially interfere with those investigations. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 5/4/2023. (rlw) |
|
|
GPO
Jul 07 2023
tiffs may file a response to the Motion. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 7/6/2023. (ksl)ORDER Court finds that Plaintiffs should file a response to the Motion or such response period otherwise must elapse before the Motion is ripe for consideration. Accordingly, on or before July 24, 2023, the Plain |
|
|
GPO
Aug 03 2023
ORDER that any Parties who wish to object to the requested extension of the stay shall file a response on or before Thursday, August 10, 2023.Such response shall include detailed analysis and briefing as to why the ongoing criminal and internal investigations are an insufficient basis on which to continue the discovery stay in this case. Replies to any responses shall be filed on or before Thursday, August 17, 2023. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 8/3/2023. (ksl) |
|
|
GPO
Aug 11 2023
ORDER for good shown this case and all pending deadlines are hereby STAYED until Tuesday, October 31, 2023, unless otherwise ordered by the Court. By the same date, the Official Capacity Federal Defendants SHALL file a Status Report and, if applicable, shall explain the appropriateness of an extension of the stay. Any responses to such status report shall be filed within seven (7) days of the date such Status Report is filed. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 8/11/2023. (ksl) |
|
|
GPO
Aug 17 2023
ORDER Amending Order 319, for good cause shown discovery of this case shall be, and hereby is, STAYED until Tuesday, October 31, 2023, unless otherwise ordered by the Court. By the same date, the Official Capacity Federal Defendants SHALL file a Status Report and, if applicable, shall explain the appropriateness of an extension of the discovery stay. The remainder of the Court's Order 319 shall remain unchanged. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 8/17/2023. (ksl) |
|
|
GPO
Oct 16 2023
ORDER The Third Amended Complaint 330 be and hereby is stricken from the record. The remainder of the Order Correcting Caption, including all deadlines set forth therein, and all findings and rulings on the Motion to Reconsider 228, Motion to Correct 244, and Motion to Extend 247, shall remain in effect. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 10/16/2023. (ksl) |
|
|
GPO
Nov 02 2023
STRICT JUDGE W LOUIS SANDS on 11/2/2023. (ksl)ORDER The Court acknowledges and CONFIRMS Plaintiffs Notice. The above-captioned action is DISMISSED, WITHOUT PREJUDICE as to Defendants Faison and Scott, re 336 Notice of Voluntary Dismissal. Ordered by US DI |
|
|
GPO
Dec 14 2023
ORDER the Court accepts Plaintiffs response and will not dismiss this case for failure to serve Defendant Vaughn as noticed in its prior Order (Doc. 351). Ordered by US DISTRICT JUDGE W LOUIS SANDS on 12/14/2023. (ksl) |
|
|
GPO
Feb 12 2024
ORDER discovery of this case shall be, and hereby is, STAYED until Monday, April 28, 2024. No further extensions will be granted except to prevent manifest injustice upon timely written motion for good cause shown upon grounds not reasonably foreseeable or avoidable by the moving Party or Parties. To be clear, the Court will not extend a stay based on general and non-specific support for review and analysis consistent with the Court's discretion under the Rules and relevant law. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 2/12/2024. (ksl) (Main Document 361 replaced on 2/12/2024) (ksl). |
|
|
GPO
Mar 22 2024
ORDER granting in part, denying in part and denying as moot in part 227 Motion to Dismiss Complaint. As a result, Irwin County Detention Center and the ICDC Official Capacity Officers: David Paulk, Marteka George, Amber Hughes, FNU Smith, Latoshia Coney, FNU Hanes, Coretta Battle, Janet Vaughn, Cheryl Slacks, and Unknown ICDC Officers ##1-X, 29 in their official capacities, are hereby DISMISSED as parties from the action; granting in part, denying in part and denying as moot in part 232 Motion to Dismiss Complaint. As a result, LaSalle Southeast, LLC is hereby DISMISSED as a party from the action; granting in part, denying in part and denying as moot in part 233 Motion to Dismiss Complaint. As a result, David Paulk in his individual capacity is hereby DISMISSED as a party from the action; granting in part, denying in part and denying as moot in part 252 Motion to Dismiss Complaint. Therefore, no claims remain in the above-captioned action against Defendant George in her individual capacity. As a result, Marteka George in her individual capacity is hereby DISMISSED as a party from the action; granting in part, denying in part and denying as moot in part 349 Motion to Dismiss for Failure to State a Claim. Therefore, no claims remain in the above-captioned action against Cheryl Slacks, Coretta Battle, Taura Amber Hughes, Latoshia Coney, or Janet Vaughn in their individual capacities, and, as a result, these Defendants are hereby DISMISSED as parties from the action. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 3/22/2024. (ggs) |
|
|
GPO
Mar 22 2024
ORDER granting in part and denying as moot in part 165 Motion to Dismiss. As a result, Defendant Hospital Authority of Irwin County is hereby DISMISSED as a party from the action; granting 234 Motion to Dismiss Complaint. As a result, Defendants Thomas P. Giles, Cesar Ciprian, Ada Rivera, and Patrick Musante in their individual capacities are DISMISSED as Parties from the action; granting in part, denying in part and denying as moot in part 235 Motion to Dismiss for Failure to State a Claim. As a result, Mahendra Amin, in both his individual and official capacities, is DISMISSED as a party from the action; granting in part and denying in part 242 Motion to Dismiss Complaint. As a result, Defendants Immigration and Customs Enforcement, Jarvis McMiller in his capacity as the Director of the ICE Atlanta Field Office, Tae Johnson in his capacity as Director of ICE, Alejandro Mayorkas in his capacity as Secretary of the Department of Homeland Security, Merrick Garland in his capacity as the Attorney General of the United States, Patrick Musante in his capacity as Assistant Field Office Director and Chief of Staff of the ICE Atlanta Field Office, Cesar Ciprian in his capacity as a Supervisory Detention and Deportation Officer at the ICE Atlanta Field Office, Defendant Ada Rivera in her capacity as the medical director of the ICE Health Service Corps, and Unknown ICE Officials ##1-X, in their official capacity, are DISMISSED as Parties from the action; granting 323 Motion to Dismiss for Failure to State a Claim. As a result, Defendants Walkiria Mines and Djibril William Rabiou, in their individual capacities, are DISMISSED as Parties from the action. Lastly, all claims against Unknown ICE Officials ##1-X are DISMISSED-WITHOUT-PREJUDICE for failure to perfect service. In sum, the only claims that remain in the action are Plaintiffs FTCA claims against the United States of America. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 3/22/2024. (ggs) |
|
|
GPO
Apr 04 2024
ORDER Accordingly, on or before Wednesday, May 1, 2024, the Parties shall notify the Court in writing of any matter filed under seal and/or otherwise restricted from public access that should remain sealed and/or restricted. The public access restriction will be lifted as to any matters the Court is not timely notified in writing to keep sealed and/or restricted from public access. The Clerk of Court, or his deputy, is DIRECTED to serve this Order on counsel for all Parties to this action, including terminated Defendants. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 4/4/2024. (ksl) |
| Docket last updated: 04/24/2024 11:59 PM EDT |
| Thursday, April 04, 2024 | ||
| 364 | 364
2
pgs
order
Order
Thu 04/04 8:29 AM
ORDER Accordingly, on or before Wednesday, May 1, 2024, the Parties shall notify the Court in writing of any matter filed under seal and/or otherwise restricted from public access that should remain sealed and/or restricted. The public access restriction will be lifted as to any matters the Court is not timely notified in writing to keep sealed and/or restricted from public access. The Clerk of Court, or his deputy, is DIRECTED to serve this Order on counsel for all Parties to this action, including terminated Defendants. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 4/4/2024. (ksl) |
|