California Educators for Medical Freedom et al v. The Los Angeles Unified School District et al
| Misanon (Soni) Lloyd, Heather Poundstone, Bregman Phyllis Janet, California Educators for Medical Freedom, Artemio Quintero, Theresa D. Sanford, Miguel Sotelo, Cedric Johnson and Janet Phyllis Bregman |
| Linda Del Cueto, Austin Beutner and The Los Angeles Unified School District |
| 2:2021cv02388 |
| March 17, 2021 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Dale S Fischer |
| Civil Rights: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2021. A more recent docket listing may be available from PACER.
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Filing 44
ORDER by Judge Dale S. Fischer GRANTING Defendants' Motion to Dismiss (Dkt. #33 ) and DISMISSES Plaintiffs claims without prejudice. ( MD JS-6. Case Terminated.) See Order for specifics. (jp)
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Filing 43
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motion #33 , #34 set for Monday, August 2, 2021 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY Modified on 7/26/2021 (rfi).
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| Filing 42 DEFENDANTS AUSTIN BEUTNER AND LINDA DEL CUETOS ADDITIONAL NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION TO DISMISS ALL CAUSES OF ACTION IN PLAINTIFFS FIRST AMENDED COMPLAINT [DOC. NO. 33] re NOTICE OF MOTION AND MOTION to Dismiss Case #33 filed by Defendants Austin Beutner, Linda Del Cueto. (Michaels, Connie) |
| Filing 41 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case #33 filed by Defendants Austin Beutner, Linda Del Cueto. (Leung, Donna) |
| Filing 40 Notice of Appearance or Withdrawal of Counsel: for attorney Donna Marie Leung counsel for Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. Adding Donna Leung as counsel of record for Defendants LOS ANGELES UNIFIED SCHOOL DISTRICT, for the reason indicated in the G-123 Notice. Filed by Defendants LOS ANGELES UNIFIED SCHOOL DISTRICT,. (Attorney Donna Marie Leung added to party Austin Beutner(pty:dft), Attorney Donna Marie Leung added to party Linda Del Cueto(pty:dft), Attorney Donna Marie Leung added to party The Los Angeles Unified School District(pty:dft))(Leung, Donna) |
| Filing 39 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case #33 filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. (Michaels, Connie) |
| Filing 38 PROOF OF SERVICE Executed by Plaintiff California Educators for Medical Freedom, upon Defendant Service of the Summons and Complaint were executed upon Defendant, Austin Beutner, in His Individual Capacity in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. (Attachments: #1 Declaration re Due Diligence, #2 Declaration re Mailing)(Howard, John) |
| Filing 37 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #33 filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
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Filing 36
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer. The stipulation at dkt. #35 is approved. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY
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| Filing 35 STIPULATION to Continue Hearing and Briefing Schedule on Defendants' Motion to Dismiss First Amended Complaint from July 12, 2021 to August 2, 2021 or some further date as is convenient for the Court filed by Plaintiff California Educators for Medical Freedom. (Attachments: #1 Proposed Order Proposed Order on Stipulation to Continue Hearing and Briefing Schedule on Defendants' Motion to Dismiss First Amended Complaint)(Howard, John) |
| Filing 34 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION to Dismiss Case #33 filed by Defendants Austin Beutner, Linda Del Cueto. Motion set for hearing on 7/12/2021 at 01:30 PM before Judge Dale S. Fischer. (Michaels, Connie) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. Motion set for hearing on 7/12/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss All Causes of Action in Plaintiffs First Amended Complaint, #2 Declaration of Connie L. Michaels in Support of Defendants Motion to Dismiss All Causes of Action in Plaintiffs First Amended Complaint, #3 Proposed Order Granting Defendants Austin Beutner and Linda Del Cuetos Motion To Dismiss All Causes Of Action In Plaintiffs First Amended Complaint) (Michaels, Connie) |
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Filing 32
AMENDED Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Expert Witness Exchange Deadlines: Final Pretrial Conference set for 5/16/2022 at 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 6/14/2022 at 08:30 AM before Judge Dale S. Fischer. (dd)
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Filing 31
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 3/22/2022. (dd)
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Filing 30
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Expert Witness Exchange Deadlines: Final Pretrial Conference set for 5/16/2022 at 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 6/14/2022 at 08:30 AM before Judge Dale S. Fischer. (dd)
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| Filing 29 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY |
| Filing 28 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District.. (Attachments: #1 Exhibit A)(Michaels, Connie) |
| Filing 27 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION TO DISMISS OFF CALENDAR. In light of the filing of an amended complaint, the motion to dismiss, set for hearing on 6/7/2021, is taken off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY |
| Filing 26 NOTICE DISMISSAL filed by Plaintiff California Educators for Medical Freedom. As to LAUSD ONLY (Howard, John) |
| Filing 25 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff California Educators for Medical Freedom(Howard, John) |
| Filing 24 NOTICE of Intent to File Amended Complaint as of Course filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
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Filing 23
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer. The Ex Parte Application at dkt #22 is denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY
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| Filing 22 EX PARTE APPLICATION to Continue Plaintiffs' Motion for Preliminary Injunction from May 17, 2021 to June 16, 2021 Re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enforcing a mandatory policy of vaccination against COVID-19, so long as the vaccines being so administered under such a policy remain experimental. #13 filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Connie L. Michaels, #3 Exhibit A - Civil Docket Query Report, #4 Exhibit B - Correspondence between Counsel, #5 Proposed Order) (Michaels, Connie) |
| Filing 21 Notice of Withdrawal of Motion for Preliminary Injunction,, #13 filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
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Filing 20
ORDER by Judge Dale S. Fischer Denying #18 Non-Resident Attorney Brant C Hadaway APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs California Educators for Medical Freedom, Artemio Quintero, Miguel Sotelo, Janet Phyllis Bregman, Cedric Johsnon Misanon (Soni) Lloyd, Heather Poundstone, and Theresa D. Sanford. Pursuant to L.R. 83-2.1.3.4. Local Counsel does not maintain office District. (jp). Modified on 5/11/2021 (jp).
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| Filing 19 NOTICE OF LODGING filed re First APPLICATION of Non-Resident Attorney Brant C. Hadaway to Appear Pro Hac Vice on behalf of Plaintiff California Educators for Medical Freedom (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31258909) #18 (Attachments: #1 Proposed Order)(Howard, John) |
| Filing 18 First APPLICATION of Non-Resident Attorney Brant C. Hadaway to Appear Pro Hac Vice on behalf of Plaintiff California Educators for Medical Freedom (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31258909) filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
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Filing 17
ORDER by Judge Dale S. Fischer Requesting Supplemental Briefing on Plaintiffs' Motion for Preliminary Injunction (Dkt. #13 ). Plaintiffs are ordered to submit a brief, not to exceed five pages, explaining why their claims are ripe for adjudication. This brief must be submitted no later than 5/24/2021. Defendants may submit an opposing supplemental brief not to exceed five pages no later than 6/2/2021. See Order for specifics. (jp)
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Filing 16
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 6/14/2021 at 11:00 AM before Judge Dale S. Fischer. (rfi)
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| Filing 15 NOTICE of Interested Parties filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District, identifying Plaintiffs California Educators for Medical Freedom, Artemio Quintero, Miguel Sotelo, Janet Phyllis Bregman, Cedric Johnson, Misanon (Soni) Lloyd, Heather Poundstone and Theresa D. Sanford; Defendants Los Angeles Unifed School District, Austin Beutner, and Linda Del Cueto. (Michaels, Connie) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. Motion set for hearing on 6/7/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss All Causes of Action in Plaintiffs' Complaint, #2 Declaration of Connie L. Michaels in Support of Defendants' Motion to Dismiss All Causes of Action in Plaintiffs' Complaint, #3 Proposed Order Granting Defendants' Motion to Dismiss All Causes of Action in Plaintiffs' Complaint) (Attorney Connie Lee Michaels added to party Austin Beutner(pty:dft), Attorney Connie Lee Michaels added to party Linda Del Cueto(pty:dft), Attorney Connie Lee Michaels added to party The Los Angeles Unified School District(pty:dft)) (Michaels, Connie) |
| Filing 13 [DOCUMENT WITHDRAWN PER DOCKET ENTRY NO. #21 ] - NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enforcing a mandatory policy of vaccination against COVID-19, so long as the vaccines being so administered under such a policy remain experimental. filed by Plaintiff California Educators for Medical Freedom. Motion set for hearing on 5/17/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction, #2 Exhibit Exh. A, #3 Exhibit Exh. B, #4 Exhibit Exh. C, #5 Exhibit Exh. D, #6 Exhibit Exh. E, #7 Declaration Exh. F, #8 Exhibit Exh. G, #9 Exhibit Exh. H) (Howard, John) Modified on 5/14/2021 (jp). |
| Filing 12 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Defendant Misanon (Soni) Lloyd, Miguel Sotelo, Heather Poundstone, Artemio Quintero, Theresa D. Sanford, Janet Phyllis Bregman, California Educators for Medical Freedom, Cedric Johnson, upon Defendant All Defendants. Acknowledgment of Service signed by Connie L. Michaels, Counsel for Defendants. (Howard, John) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Misanon (Soni) Lloyd, Miguel Sotelo, Heather Poundstone, Artemio Quintero, Theresa D. Sanford, Janet Phyllis Bregman, California Educators for Medical Freedom, Cedric Johnson, upon Defendant The Los Angeles Unified School District served on 4/1/2021, answer due 4/22/2021. Service of the Summons and Complaint were executed upon J. Escobar, Security authorized to accept service for LUSD in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Howard, John) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. (jp) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
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Filing 8
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi)
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| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Pedro V. Castillo. (esa) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff California Educators for Medical Freedom, (Howard, John) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiffs California Educators for Medical Freedom. (Howard, John) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
| Filing 1 COMPLAINT Receipt No: ACACDC-30938443 - Fee: $402, filed by Plaintiffs California Educators for Medical Freedom. (Attorney John W Howard added to party California Educators for Medical Freedom(pty:pla))(Howard, John) |
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