Case 3:18-cv-00428-DMS-MDD Document 116 Filed 07/16/18 PageID.2263 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Ms. L.; et al.,

Case No.: 18cv0428 DMS (MDD)
Petitioners-Plaintiffs,

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v.

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U.S Immigration and Customs
Enforcement (“ICE”); et al.,

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ORDER (1) GRANTING
PLAINTIFFS’ MOTION FOR
EMERGENCY TRO PENDING
RULING ON MOTION TO STAY
AND (2) AMENDING JULY 13, 2018
ORDER FOLLOWING STATUS
CONFERENCE

Respondents-Defendants.

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A further status conference was held on July 16, 2018. Lee Gelernt appeared and

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argued for Plaintiffs and Scott Stewart, Brian Stimson and Sarah Fabian appeared and

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argued for Defendants. Also present was Commander Jonathan White representing the

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U.S. Department of Health and Human Services. After hearing from counsel and receiving

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evidence from Commander White, IT IS HEREBY ORDERED:

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1.

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granted. If Defendants dispute the Court’s jurisdiction to enter this order, they shall submit

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a brief to that effect forthwith. On the underlying motion to stay, Defendants shall file their

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opposition brief on or before July 23, 2018, at 9:00 a.m., Pacific Time.

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2.

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notice of every individual reunification is vacated. Counsel shall meet and confer on this

Plaintiffs’ motion for an emergency TRO pending a ruling on their motion to stay is

The Court’s order requiring Defendants to provide Plaintiffs with 12-hour advance

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18cv0428 DMS (MDD)

 Case 3:18-cv-00428-DMS-MDD Document 116 Filed 07/16/18 PageID.2264 Page 2 of 2

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issue of advance notice, and if necessary, submit a joint motion and proposed order for the

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Court’s review and approval. After hearing from Commander White, the Court is inclined

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to agree with Defendants that providing Plaintiffs with notice of reunifications pursuant to

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the “initial cleared list” is sufficient. To the extent Defendants can also provide Plaintiffs

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with notice of reunifications that have received the “green light,” they should do so, but

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based on Commander White’s testimony, the Court is disinclined to order Defendants to

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provide Plaintiffs with the requested 12-hour notice for each reunification for the reasons

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set out by Commander White at the hearing.

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3.

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The dial in number for counsel and any members of the news media that wish to

attend the July 20, 2018 status conference is as follows.

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1.

Dial the toll free number: 877-411-9748;

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2.

Enter the Access Code: 6246317 (Participants will be put on hold until the

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Court activates the conference call);
3.

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Enter the Participant Security Code 07200428 and Press # (The security code
will be confirmed);

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Once the Security Code is confirmed, participants will be prompted to Press
1 to join the conference or Press 2 to re-enter the Security Code.

This number is for counsel and media only. Members of the general public may
attend in person.
Dated: July 16, 2018

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18cv0428 DMS (MDD)