Katherine Weaver v. City of Montebello
| Katherine Weaver |
| City of Montebello |
| 2:2019cv01585 |
| March 4, 2019 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Frederick F Mumm |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 4, 2020. A more recent docket listing may be available from PACER.
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| Filing 28 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 5/31/2019. Scheduling Conference set for 6/14/2019 at 9:30 a.m. (See order for details.) (kti) |
| Filing 27 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendant City of Montebello.(Medellin, Sharon) |
| Filing 26 First STIPULATION Extending Time to Answer the complaint as to City of Montebello answer now due 4/26/2019, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant City of Montebello.(Attorney Sharon de Leon Medellin added to party City of Montebello(pty:dft))(Medellin, Sharon) |
| Filing 25 PROOF OF SERVICE filed by plaintiff Katherine Weaver, re Minutes of In Chambers Order/Directive - no proceeding held,,, Preliminary Injunction,, #24 , Motion Hearing,, #23 served on 4/2/2019. (Moest, Robert) |
Filing 24
MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Judge Dolly M. Gee: Plaintiffs' Motion for Preliminary Injunction #7 is GRANTED. IT IS HEREBY ORDERED THAT, pending the entry of final judgment in this action, the City of Montebello, its agents, servants, employees, attorneys, and all those in active concert or participation with the City of Montebello are restrained and enjoined from enforcing the zoning ordinances referenced in this order to preclude Plaintiff from opening and operating a tattoo studio in the proposed location. Plaintiff shall serve Defendant with this Order no later than 4/4/2019 and file a proof of service. Court Reporter: Not Reported. (gk)
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| Filing 23 MINUTES OF PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND/OR ORDER TO SHOW CAUSE #7 and ORDERED TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE HEARING held before Judge Dolly M. Gee: The cause is called and counsel state their appearance. The Court and counsel confer. The motion shall be taken under submission and a written order will issue. Plaintiff's counsel shall serve a copy of this order on Defendant and file a proof of service. Court Reporter: Anne Kielwasser. (kti) |
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Filing 22
MINUTES OF IN CHAMBERS - ORDER DISCHARGING ORDER TO SHOW CAUSE WHY COURT SHOULD NOT DISSOLVE TEMPORARY RESTRAINING ORDER AS IMPROVIDENTLY GRANTED by Judge Dolly M. Gee: On 3/27/2019 the Court issued an Order to Show Cause ("OSC") why it should not dissolve the temporary restraining order ("TRO") it issued on 3/19/2019 #13 as improvidently granted #20 . Having considered Plaintiff's response to the OSC #21 . the Court is satisfied that Plaintiff effectively notified Defendant of the TRO Application and Defendant's obligation to timely respond. Accordingly, the OSC is hereby DISCHARGED. The 4/2/2019 hearing on Plaintiff's Motion for Preliminary Injunction will proceed as scheduled. Court Reporter: Not Reported. (gk)
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| Filing 21 RESPONSE IN SUPPORT of First EX PARTE APPLICATION for Temporary Restraining Order as to enforcement of City of Montebello tattoo zoning laws #7 as a Return to Court's OSC dated March 27, 2019, filed by Plaintiff Katherine Weaver. (Attachments: #1 Declaration of Robert C. Moest in Support of Return to OSC)(Moest, Robert) |
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Filing 20
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY COURT SHOULD NOT DISSOLVE TEMPORARY RESTRAINING ORDER AS IMPROVIDENTLY GRANTED by Judge Dolly M. Gee: On 3/19/2019, the Court issued an Order granting Plaintiff Katherine Weaver's Ex Parte Application for a Temporary Restraining Order ("TRO Application") #13 . It is unclear to the Court that Plaintiff's initial service of the required documents on Defendant was proper. While Plaintiff's counsel's declaration states that the lawyers at Alvarez-Glasman & Colvin represent Defendant, it does not state that the firm is authorized to accept service on Defendant's behalf. As a result, the Court cannot be sure that Plaintiff complied with the Initial Standing Order's requirement that parties moving for ex parte relief must serve their applications on opposing parties. Plaintiff is therefore ORDERED TO SHOW CAUSE why the Court should not dissolve the TRO as improvidently granted and reschedule a hearing on Plaintiff's motion for preliminary injunction after Defendant makes its appearance. Plaintiff shall file a written response to this Order by 3/28/2019 at 12:00 PM. Court Reporter: Not Reported. (gk)
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| Filing 19 REPLY support First EX PARTE APPLICATION for Temporary Restraining Order as to enforcement of City of Montebello tattoo zoning laws #7 & Notice that No Opposition has been Filed filed by Plaintiff Katherine Weaver. (Moest, Robert) |
| Filing 18 DECLARATION OF SERVICE filed by plaintiff Katherine Weaver, re Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Deadlines/Hearings,,,, #17 served on 3/25/19. (Moest, Robert) |
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Filing 17
MINUTES OF IN CHAMBERS - ORDER CLARIFYING HEARING DATE RE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Judge Dolly M. Gee: On 3/19/2019, the Court issued an Order granting Plaintiff's Ex Parte Application for a Temporary Restraining Order #13 . In that Order the Court set a hearing date on Plaintiff's Motion for Preliminary Injunction for 4/2/2019 at 10:00 AM. The Order also erroneously stated that Defendant must show cause on 3/29/2019 at 11:00 AM why a preliminary injunction should not issue. In the interest of clarity, that portion of the 3/19/2019 Order is hereby amended to state that: Defendant is hereby ordered to show cause on 4/2/2019 at 10:00 AM why a preliminary injunction should not issue enjoining Defendant from enforcing the above referenced zoning ordinance to preclude Plaintiff from opening and operating a tattoo studio in her desired location. The only hearing date on Plaintiff's Motion for Preliminary Injunction shall be on 4/2/2019 10:00 AM before Judge Dolly M. Gee. Plaintiff shall serve this Order on Defendant forthwith and file a proof of service within this Order by 3/25/2019. Court Reporter: Not Reported. (gk)
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| Filing 16 DECLARATION OF SERVICE filed by plaintiff Katherine Weaver, re Order on Motion for Temporary Restraining Order,,,,, #13 served on 3/20/19. (Moest, Robert) |
| Filing 15 DECLARATION OF SERVICE filed by plaintiff Katherine Weaver, re First EX PARTE APPLICATION for Temporary Restraining Order as to enforcement of City of Montebello tattoo zoning laws #7 , Declaration (Motion related), #12 , Certificate/Notice of Interested Parties #3 served on 3/19/19. (Moest, Robert) |
| Filing 14 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Katherine Weaver, upon Defendant City of Montebello served on 3/19/2019, answer due 4/9/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Moest, Robert) |
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Filing 13
MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION by Judge Dolly M. Gee: Plaintiff's Ex Parte Application for a Temporary Restraining Order #7 is GRANTED. The Court issues the following ORDERS: (1) Defendant is hereby ordered to show cause on 3/29/2019 at 11:00 AM why a preliminary injunction should not issue enjoining Defendant from enforcing the above-referenced zoning ordinance to preclude Plaintiff from opening and operating a tattoo studio in her desired location; (2) Pending the hearing, Defendants, their officers, agents, servants, employees, and attorneys, and all those in concert or participating with Defendants or those other persons, are restrained and enjoined from enforcing the above-referenced zoning ordinance to preclude Plaintiff from opening and operating a tattoo studio in the proposed location; and (3) Plaintiff must serve this Order on Defendant no later than 3/20/2019, and Plaintiff shall file a proof of service immediately after effecting service. Defendant shall file its Opposition, if any, to Plaintiff's request for a preliminary injunction by 3/25/2019 at 10:00 AM, and Plaintiff shall file and serve a Reply, if any, by 3/27/2019 at 10:00 AM. The hearing on the motion for preliminary injunction shall be on 4/2/2019 at 10:00 AM. Court Reporter: Not Reported. (gk)
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| Filing 12 DECLARATION of Robert C. Moest CORRECTED in support of First EX PARTE APPLICATION for Temporary Restraining Order as to enforcement of City of Montebello tattoo zoning laws #7 submitted in place of document no. 7-2 filed by Plaintiff Katherine Weaver. (Moest, Robert) |
| Filing 11 DECLARATION of Robert C. Moest in support of First EX PARTE APPLICATION for Temporary Restraining Order as to enforcement of City of Montebello tattoo zoning laws #7 --regarding notice and delivery of moving papers filed by Plaintiff Katherine Weaver. (Moest, Robert) |
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Filing 10
MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER by Judge Dolly M. Gee: Plaintiff filed an Ex Parte Application for a Temporary Restraining Order ("TRO") requesting that the Court enjoin Defendant from enforcing certain zoning provisions within its municipal code that "require tattoo business[es] to apply for a conditional use permit and exclude[] them... from almost all commercial locations in the City" #7 . Based on Plaintiff's filings, the Court cannot be sure whether Defendant is aware of the TRO Application. The Court shall therefore defer considering Plaintiff's Application until she files an additional declaration indicating the time and date that she served Defendant with her TRO Application, Complaint, and this Order, and notified Defendant of its 24-hour response deadline. See document for further details. Court Reporter: Not Reported. (gk)
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Filing 9
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 8 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Rozella A. Oliver to Judge Dolly M. Gee for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Frederick F. Mumm. The case number will now reflect the initials of the transferee Judges 2:19-cv-01585 DMG(FFMx). (rn) |
| Filing 7 First EX PARTE APPLICATION for Temporary Restraining Order as to enforcement of City of Montebello tattoo zoning laws filed by plaintiff Katherine Weaver. (Attachments: #1 Memorandum of Law in Support of Application TRO and OSC, #2 Declaration of Robert C. Moest in support of TRO/OSC application, #3 Declaration of Katherine Weaver in support of TRO/OSC application, #4 Proposed Order) (Moest, Robert) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant City of Montebello. (car) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Rozella A. Oliver. (Attachments: #1 CV-11C) (car) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Katherine Weaver. (Moest, Robert) |
| Filing 3 CERTIFICATE of Interested Parties filed by plaintiff Katherine Weaver, (Moest, Robert) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Katherine Weaver. (Moest, Robert) |
| Filing 1 COMPLAINT Receipt No: 0973-23315206 - Fee: $400, filed by plaintiff Katherine Weaver. (Attachments: #1 Exhibit 1--Map of Montebello showing where tattooing is permitted) (Attorney Robert C Moest added to party Katherine Weaver(pty:pla))(Moest, Robert) |
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| Defendant: City of Montebello | |
| Represented By: | Sharon de Leon Medellin |
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| Plaintiff: Katherine Weaver | |
| Represented By: | Robert C Moest |
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