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ECF #423 Order Setting Evidentiary Hearing
ECF #423 Order Setting Evidentiary Hearing
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Respondents.
_______________________________/
outstanding issues. During the conference, the Court asked the parties to submit their respective
positions regarding whether the Court should conduct an evidentiary hearing on Petitioners’
renewed motion for a preliminary injunction (Dkt. 376) and motion for sanctions (Dkt. 381). Each
side submitted two filings setting forth their respective views (Dkts. 387, 388, 393, 394).
Respondents’ position is that an evidentiary hearing is necessary, because the testimony of United
States Immigration and Customs Enforcement employees John Schultz and Michael Bernacke will
clarify any inconsistencies in the record and provide the context of relations with Iraq concerning
repatriation efforts. Petitioners, on the other hand, do not believe an evidentiary hearing is
necessary. The Court set a hearing for both motions for October 23, 2018 at 9:00 a.m. and deferred
deciding whether it would require an evidentiary hearing. 9/14/18 Order (Dkt. 395).
Having reviewed all filings to date, the Court will allow each party to call witnesses, if a
party so chooses, as to either or both motions. If a party decides to present witnesses at the hearing,
that party must file a witness list, on or before October 12, 2018, setting forth the specific subject
matter upon which each witness is expected to testify and an estimated time for direct examination
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Case 2:17-cv-11910-MAG-DRG ECF No. 423 filed 10/05/18 PageID.10791 Page 2 of 2
of each witness. If a party intends to offer into evidence or refer to any exhibits not already
attached to the motion papers of any party, that party must file a list of such additional exhibits
and furnish copies of the exhibits to chambers and opposing counsel on or before October 12,
2018.
Respondents have also asked the Court to consolidate the October 23, 2018 hearing with a
trial on the merits of the renewed preliminary injunction. Resp’t Resp. to Renewed Prelim. Inj.
Mot. at 5. “Before or after beginning the hearing on a motion for a preliminary injunction, the
court may advance the trial on the merits and consolidate it with the hearing.” Fed. R. Civ. P.
65(a)(2). The Court will require some additional information from the parties before making its
decision on this request. Specifically, the Court needs to know what additional witnesses and
exhibits, if any, would be required, and the estimated time for the direct testimony of such
additional witnesses. On or before October 12, 2018 the parties must file separate memoranda
setting forth this information and any additional arguments and authorities in support of, or in
SO ORDERED.
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any
unrepresented parties via the Court's ECF System to their respective email or First Class U.S. mail
addresses disclosed on the Notice of Electronic Filing on October 5, 2018.
s/Karri Sandusky
Case Manager
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