Charles Coe v. United States of America et al
| Charles Coe |
| Kristy Koons Johnson, Tracy L. Wilkison, UNITED STATES OF AMERICA and Kristi Koons Johnson |
| Institute for Justice |
| 2:2021cv03019 |
| April 7, 2021 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Margo A Rocconi |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 35
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 8/23/2021. Scheduling Conference set for 8/30/2021 at 9:00 am. (sw)
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Filing 34
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendants' Motion to Dismiss Case #33 , noticed for hearing on 06/28/2021 at 9:00 am, HAS BEEN CONTINUED TO 07/06/2021 at 9:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANTS UNITED STATES OF AMERICA, TRACY L. WILKISON (OFFICIAL CAPACITY) AND KRISTI KOONS JOHNSON (OFFICIAL CAPACITY)S NOTICE OF MOTION AND MOTION TO DISMISS THE COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO FED. R. CIV. P. 12(b)(1) AND 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATIONS OF ANDREW BROWN, JUSTIN PALMERTON AND JESSIE MURRAY; [PROPOSED] ORDER GRANTING MOTION LODGED UNDER SEPARATE COVER filed by defendant Kristi Koons Johnson, United States of America, Tracy L. Wilkison. Motion set for hearing on 6/28/2021 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of AUSA Andrew Brown, #2 Exhibit A to Brown Declaration, #3 Exhibit B to Brown Declaration, #4 Declaration of Special Agent Justin Palmerton, #5 Declaration of Supervisory Special Agent Jessie Murray, #6 Exhibit A to Murray Declaration, #7 Proposed Order) (Rodgers, Victor) |
| Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Victor A Rodgers, Jr counsel for Defendants Kristi Koons Johnson, United States of America, Tracy L. Wilkison. Filed by defendant United States of America, et al.. (Attorney Victor A Rodgers, Jr added to party Kristi Koons Johnson(pty:dft), Attorney Victor A Rodgers, Jr added to party United States of America(pty:dft), Attorney Victor A Rodgers, Jr added to party Tracy L. Wilkison(pty:dft))(Rodgers, Victor) |
| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, #28 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
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Filing 30
(IN CHAMBERS) Scheduling Notice to All Parties; Order Re: Defendants' Ex Parte Application [DE #26 ] by Judge R. Gary Klausner: The Court CONTINUES the hearing date on Plaintiff's pending Motion for Return of Property (ECF No. #25 ) from 6/7/2021, to 726/2021 at 9:00 AM., to afford Defendants sufficient time after their answer deadline to file an opposition of Plaintiff's Motion. The Court DENIES Defendants' Ex Parte Application as moot. (jp)
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| Filing 29 NOTICE OF MOTION AND MOTION to File Amicus Brief in Support of Plaintiff's Motion for Return of Property filed by Amicus Curiae Institute for Justice. Motion set for hearing on 6/14/2021 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Leave to File Brief of Amicus Curiae, #2 Exhibit A: Memorandum of the Institute for Justice as Amicus Curiae in Support of Plaintiff's Motion for Return of Property, #3 Proposed Order) (Tsitsuashvili, Jaba) |
| Filing 28 NOTICE of Appearance filed by attorney Jaba Tsitsuashvili on behalf of Amicus Institute for Justice (Attachments: #1 Certification and Notice of Interested Parties)(Attorney Jaba Tsitsuashvili added to party Institute for Justice(pty:am))(Tsitsuashvili, Jaba) |
| Filing 27 OPPOSITION (In Opposition To) re: EX PARTE APPLICATION to Strike NOTICE OF MOTION AND MOTION for Return of Property PURSUANT TO FED. R. CRIM. P. 41(g) #25 ; Declaration of AUSA Andrew Brown #26 [Plaintiff's Opposition to Defendants' Ex Parte Application to Strike Or to Continue Hearing Re Plaintiff's Notice/Motion for Return of Property Per Fed. R. Crim. P. 41(g)] filed by Plaintiff Charles Coe. (Gluck, Benjamin) |
| Filing 26 EX PARTE APPLICATION to Strike NOTICE OF MOTION AND MOTION for Return of Property PURSUANT TO FED. R. CRIM. P. 41(g) #25 ; Declaration of AUSA Andrew Brown filed by Defendants Kristi Koons Johnson, United States of America, Tracy L. Wilkison. (Attachments: #1 Proposed Order) (Attorney Andrew Brown added to party Kristi Koons Johnson(pty:dft), Attorney Andrew Brown added to party United States of America(pty:dft), Attorney Andrew Brown added to party Tracy L. Wilkison(pty:dft)) (Brown, Andrew) |
| Filing 25 NOTICE OF MOTION AND MOTION for Return of Property PURSUANT TO FED. R. CRIM. P. 41(g) filed by Plaintiff Charles Coe. Motion set for hearing on 6/7/2021 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum IN SUPPORT OF MOTION FOR RETURN OF PROPERTY PURSUANT TO FED. R. CRIM. P. 41(g), #2 Declaration of Nicole Van Dyk In Support of Plaintiffs Motion For Relief Under Fed. R. Crim. Pro. 41, #3 Declaration of Benjamin Gluck In Support of Plaintiffs Motion For Relief Under Fed. R. Crim. Pro. 41, #4 Exhibit A to Gluck Decl. - Seizure Warrant, #5 Exhibit B to Gluck Decl. - Portion affidavit in support of the Seizure Warrant for USPV, #6 Proposed Order) (Gluck, Benjamin) |
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Filing 24
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Memorandum in Support of Motion #23 , for the following reasons: Document attached is a Notice of Motion. (jp)
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| Filing 23 [DOCUMENT STRICKEN PER ORDER DATED ON 5/5/2021, SEE DOCKET ENTRY NO. #24 ] - MEMORANDUM in Support NOTICE OF MOTION AND MOTION FOR RETURN OF PROPERTY PURSUANT TO FED. R. CRIM. P. 41(g) filed by Plaintiff Charles Coe. (Attachments: #1 Declaration of Nicole R. Van Dyk In Support of Plaintiffs Motion For Relief Under Fed. R. Crim. Pro. 41, #2 Declaration of Benjamin N. Gluck In Support of Plaintiffs Motion For Relief Under Fed. R. Crim. Pro. 41, #3 Exhibit A to Gluck Decl. - Seizure Warrant for USPV, #4 Exhibit B to Gluck Decl. - Portion affidavit in support of the Seizure Warrant for USPV, #5 Proposed Order GRANTING PLAINTIFFS MOTION FOR RELIEF UNDER FED. R. CRIM. PRO. 41)(Gluck, Benjamin) Modified on 5/5/2021 (jp). |
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Filing 22
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION for Return of Property Pursuant to Fed. R. Crim. P. 41(g) #21 , for the following reasons: Memorandum of Points and Authorities contains single-spaced text. LR 11-3.6. (jp)
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| Filing 21 [STRICKEN PER ORDER DATED ON 5/4/2021, SEE DOCKET ENTRY NO. #22 ] - NOTICE OF MOTION AND MOTION for Return of Property Pursuant to Fed. R. Crim. P. 41(g) filed by Plaintiff Charles Coe. Motion set for hearing on 6/1/2021 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Benjamin N. Gluck, #2 Declaration of Nicole R. Van Dyk, #3 Proposed Order) (Gluck, Benjamin). Modified on 5/4/2021 (jp). |
| Filing 20 NOTICE of Appearance filed by attorney Maxwell K. Coll on behalf of Defendants Kristi Koons Johnson, United States of America, Tracy L. Wilkison (Attorney Maxwell K. Coll added to party Kristi Koons Johnson(pty:dft), Attorney Maxwell K. Coll added to party United States of America(pty:dft), Attorney Maxwell K. Coll added to party Tracy L. Wilkison(pty:dft))(Coll, Maxwell) |
| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Naomi S Solomon counsel for Plaintiff Charles Coe. Adding Naomi S. Solomon as counsel of record for Plaintiff Charles Coe for the reason indicated in the G-123 Notice. Filed by Plaintiff Charles Coe. (Attorney Naomi S Solomon added to party Charles Coe(pty:pla))(Solomon, Naomi) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Charles Coe, upon Defendant Kristi Koons Johnson served on 4/21/2021, answer due 6/21/2021. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to (Per Covid Rules: Service by certified mail was made upon Kristi Koons Johnson (Official Capacity), U.S. Attorney's Office, c/o Civil Process Clerk). The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to (Per Covid Rules: Service by certified mail was made upon Kristi Koons Johnson (Official Capacity), U.S. Attorney's Office, c/o Civil Process Clerk; and by certified mail upon Kristi Koons Johnson (Official Capacity), c/o Federal Bureau of Investigation). Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Gluck, Benjamin) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Charles Coe, upon Defendant Tracy L. Wilkison served on 4/21/2021, answer due 6/21/2021. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to (Per Covid Rules: Service by certified mail was made upon Tracy L. Wilkison (Official Capacity), U.S. Attorney's Office, c/o Civil Process Clerk). The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to (Per Covid Rules: Service by certified mail was made upon Tracy L. Wilkison (Official Capacity), U.S. Attorney's Office, c/o Civil Process Clerk). Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Gluck, Benjamin) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Charles Coe, upon Defendant United States of America served on 4/21/2021, answer due 6/21/2021. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to (Per USAO Covid Rules: Service by certified mail was made upon the U.S. Attorney's Office, c/o Civil Process Clerk). Executed upon the Attorney Generals Office of the United States by delivering a copy to (Per Covid Rules: Service by certified mail was made upon the United States Attorney General's Office, c/o U.S. Department of Justice). Executed upon the officer agency or corporation by delivering a copy to (Per Covid Rules: Service by certified mail was made upon the U.S. Attorney's Office, c/o Civil Process Clerk). Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Gluck, Benjamin) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Nicole R Van Dyk counsel for Plaintiff Charles Coe. Adding Nicole R. Van Dyk as counsel of record for Plaintiff Charles Coe for the reason indicated in the G-123 Notice. Filed by Plaintiff Charles Coe. (Attorney Nicole R Van Dyk added to party Charles Coe(pty:pla))(Van Dyk, Nicole) |
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Filing 14
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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Filing 13
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:21-cv-02803 RGK (MARx). Case transferred from Judge John A. Kronstadt to Judge R. Gary Klausner for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-03019 RGK (MARx). Signed by Judge R. Gary Klausner (esa)
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| Filing 12 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Kristi Koons Johnson. (et) |
| Filing 11 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Tracy L. Wilkison. (et) |
| Filing 10 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant United States of America. (et) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Margo A. Rocconi. (et) |
| Filing 7 NOTICE of Related Case(s) filed by Plaintiff Charles Coe. Related Case(s): 2:21-cv-02803; 2:21-cv-02899; 2:21-cv-02919; and 2:21-cv-02990 (Gluck, Benjamin) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Charles Coe. (Gluck, Benjamin) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Charles Coe. (Gluck, Benjamin) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Charles Coe. (Gluck, Benjamin) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Charles Coe, identifying N/A. (Gluck, Benjamin) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Charles Coe. (Gluck, Benjamin) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31063487 - Fee: $402, filed by Plaintiff Charles Coe. (Attorney Benjamin N Gluck added to party Charles Coe(pty:pla))(Gluck, Benjamin) |
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