Case 5:17-cv-01747-LS Document 3 Filed 04/19/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

WENDY AMPARO OSORIOMARTINEZ, et al.,
Plaintiffs,
v.
JEFFERSON BEAUREGARD
SESSIONS, III,
Attorney General of the
United States of America, et al.,
Defendants.

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CIVIL NO. 17-1747

ORDER
AND NOW, this 19th day of April, 2017, upon consideration of the Plaintiffs’
Emergency Motion for a Temporary Restraining Order (Doc. No. 2) and accompanying
Memorandum in support thereof, and after a telephone conference with counsel for the
Plaintiffs and the government regarding the Emergency Motion for a Temporary
Restraining Order, IT IS HEREBY ORDERED that:
1.

Plaintiffs’ Emergency Motion for a Temporary Restraining Order (Doc.

No. 2) is GRANTED.
2.

Pending a hearing and determination of the order to show cause, the above-

named Defendants, and each of them, and their officers, agents, employees,
representatives, and all persons acting in concert or participating with them, are
TEMPORARILY RESTRAINED and ENJOINED from engaging in or performing,
directly or indirectly, any and all of the following acts: removing any of the above
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captioned Plaintiffs and all others similarly situated and/or their minor children from the
United States and/or transferring any to a location outside the Court’s jurisdiction.
3.

During the telephone conference in this matter, the Defendants indicated

their belief that this case is related to a case currently pending before the Honorable Paul
S. Diamond. See Castro v. United States Dep’t of Homeland Sec., 835 F.3d 422 (3d Cir.
2016). Defendants shall file a Notice on or before 5:00 p.m. on Thursday, April 20,
2017, outlining their position as to why this case is related to the cases before Judge
Diamond. Plaintiffs shall file a response to the defendants’ Notice on or before 5:00 p.m.
on Tuesday, April 25, 2017.
4.

The Defendants shall file a brief on or before Wednesday, May 3, 2017,

contemporaneously serving copies on Plaintiffs’ counsel, which shall: (i) address the
issues raised in the Plaintiffs’ Complaint and Emergency Motion for a Temporary
Restraining Order; and (ii) SHOW CAUSE WHY A PRELIMINARY INJUNCTION
SHOULD NOT ISSUE to enjoin Defendants and all other persons in active concert or
participation with them, directly or indirectly, by use of any means or instrumentality,
from removing any of the above captioned Plaintiffs and all others similarly situated from
the United States and/or transferring any to a location outside the Court’s jurisdiction
pending resolution of Plaintiffs’ Complaint.
5.

The Plaintiffs shall file a reply brief to the Defendants’ brief on or before

Wednesday, May 17, 2017.
6.

Counsel for the parties shall appear at a hearing on Friday, May 19, 2017

at 9:30 a.m. to present argument on whether a preliminary injunction should issue in this
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case. The hearing shall take place in Courtroom 14-B of the James A. Byrne United
States Courthouse, 601 Market Street, Philadelphia, Pennsylvania, to address why a
preliminary injunction should not issue in this case.

BY THE COURT

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.

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