Mark Short v. David Berger et al
| Mark W. Short |
| David Berger and Carlos Del Toro |
| 2:2022cv01151 |
| February 18, 2022 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Alicia G Rosenberg |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 5, 2022. A more recent docket listing may be available from PACER.
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| Filing 39 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55339 assigned to Notice of Appeal to 9th Circuit Court of Appeals #37 as to Plaintiff Mark W. Short. (gk) |
| Filing 38 TRANSCRIPT ORDER re: Court of Appeals case number 22-55339, as to Plaintiff/Appellant Mark W. Short for Court Reporter. Court will contact William G. Short at billshortesq@me.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Short, William) |
| Filing 37 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Mark W. Short. Appeal of Minutes of In Chambers Order/Directive - no proceeding held, #25 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-33062189.) (Short, Catherine) |
Filing 36
ORDER RE DISMISSAL OF CLAIMS AGAINST DEFENDANTS DAVID BERGER AND CARLOS DEL TORO IN THEIR PERSONAL CAPACITIES by Judge Dolly M. Gee: Based on the parties' Stipulation relating to Plaintiff's personal capacity damages claims against the named Defendants David Berger and Carlos Del Toro (collectively the "Individual Defendants") #30 , IT IS HEREBY ORDERED that Plaintiff's individual capacity claims against the Individual Defendants are dismissed without prejudice. Nothing in the parties' Stipulation affects Plaintiff's claims against the Individual Defendants in their official capacities, Plaintiff's request for relief in connection with those claims, or the Government's defenses to those claims. (gk)
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Filing 35
ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR EXPEDITED BRIEFING SCHEDULE FOR MOTION FOR PRELIMINARY INJUNCTION by Judge Dolly M. Gee: Plaintiff Mark Short's Ex Parte Application for an expedited briefing schedule on his forthcoming motion for preliminary injunction #31 is DENIED. See document for further details. (gk)
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| Filing 34 PROOF OF SERVICE Executed by Plaintiff Mark W. Short, upon Defendant Carlos Del Toro served on 3/21/2022, answer due 5/20/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Reginald M. Skinner, DOJ Attorney. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to Reginald M. Skinner, DOJ Attorney. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Short, William) |
| Filing 33 PROOF OF SERVICE Executed by Plaintiff Mark W. Short, upon Defendant David Berger served on 3/21/2022, answer due 5/20/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Reginald M. Skinner, DOJ Attorney. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to Reginald M. Skinner, DOJ Attorney. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Short, William) |
| Filing 32 MEMORANDUM in Opposition to EX PARTE APPLICATION for Relief from L.R. 7 briefing schedule EX PARTE APPLICATION to Shorten Time for Hearing on Preliminary Injunction #31 filed by Defendants David Berger, Carlos Del Toro. (Attachments: #1 Declaration of A Powell & Exhibit 1)(Powell, Amy) |
| Filing 31 EX PARTE APPLICATION for Relief from L.R. 7 briefing schedule , EX PARTE APPLICATION to Shorten Time for Hearing on Preliminary Injunction filed by Plaintiff Mark W. Short. (Attachments: #1 Declaration of Mark Short, #2 Proposed Order) (Short, Catherine) |
| Filing 30 Joint STIPULATION to Dismiss Defendants Carlos Del Toro, David Berger filed by Defendants Carlos Del Toro, David Berger. (Attachments: #1 Proposed Order)(Skinner, Reginald) |
| Filing 29 60 DAY Summons Issued re Complaint #1 as to Defendant David Berger. (lom) |
| Filing 28 60 DAY Summons Issued re Complaint #1 as to Defendant Carlos Del Toro. (lom) |
| Filing 27 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Mark W. Short. (Attachments: #1 for D. Berger)(Short, Catherine) |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Reginald Maurice Skinner counsel for Defendants David Berger, Carlos Del Toro. Adding Reginald M. Skinner as counsel of record for General David Berger; Secretary Carlos Del Toro for the reason indicated in the G-123 Notice. Filed by Defendants David Berger; Carlos Del Toro. (Attorney Reginald Maurice Skinner added to party David Berger(pty:dft), Attorney Reginald Maurice Skinner added to party Carlos Del Toro(pty:dft))(Skinner, Reginald) |
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Filing 25
MINUTE (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Judge Dolly M. Gee. Plaintiff's request for a preliminary injunction is DENIED. The TRO against Defendants is VACATED. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 24 MINUTES OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION #2 Hearing held before Judge Dolly M. Gee. The cause is called and counsel state their appearance. The hearing is held via videoconference. The Court invites counsel to respond to the tentative ruling. Following oral argument, the Court advises counsel that the motion shall be taken under submission and a written order will issue. Court Reporter: Maria Bustillos. (kti) |
| Filing 23 REQUEST FOR JUDICIAL NOTICE re Emergency APPLICATION for Temporary Restraining Order as to Military vaccination order #2 filed by Plaintiff Mark W. Short. (Short, Catherine) |
| Filing 22 SUPPLEMENT to Emergency APPLICATION for Temporary Restraining Order as to Military vaccination order #2 Supplemental authority filed by Plaintiff Mark W. Short. (Short, Catherine) |
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Filing 21
(IN CHAMBERS) AMENDED ORDER by Judge Dolly M. Gee. Plaintiff's Motion for Preliminary Injunction #2 on March 3, 2022 at 2:00 p.m. shall take place by Zoom Videoconference ("Zoom") and the clerk shall email the video link to the parties. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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Filing 20
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The status conference on March 3, 2022 at 2:00 p.m. #14 shall take place by Zoom Videoconference ("Zoom") and the clerk shall email the video link to the parties. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 19 REPLY support Emergency APPLICATION for Temporary Restraining Order as to Military vaccination order #2 filed by Plaintiff Mark W. Short. (Attachments: #1 Declaration of Mark Short, #2 Declaration of Catherine Short)(Short, Catherine) |
| Filing 18 NOTICE of Transcript filed by Defendants in their Official Capacity David Berger, Carlos Del Toro. (Attachments: #1 Transcript)(Robinson, Stuart) |
| Filing 17 OPPOSITION to Emergency APPLICATION for Temporary Restraining Order as to Military vaccination order #2 filed by Defendants David Berger, Carlos Del Toro. (Attachments: #1 Declaration of Stuart Robinson)(Robinson, Stuart) |
| Filing 16 PROOF OF SERVICE filed by Plaintiff Mark W. Short, Notice of Assignment to United States Judges (Dkt 4); Notice to Parties of Court-Directed ADR Program (Dkt 5); Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge (Dkt 6); and Judge Dolly M. Gee Initial Standing Order (Dkt 7) served on 2/21/2022. (Short, Catherine) |
| Filing 15 NOTICE of Appearance filed by attorney Stuart Justin Robinson on behalf of Defendants David Berger, Carlos Del Toro (Attorney Stuart Justin Robinson added to party David Berger(pty:dft), Attorney Stuart Justin Robinson added to party Carlos Del Toro(pty:dft))(Robinson, Stuart) |
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Filing 14
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER #2 by Judge Dolly M. Gee: Accordingly, the Court ORDERS as follows: 1.Defendants shall file their Opposition to Plaintiff's motion for a preliminary injunction ("MPI") by February 24, 2022. Plaintiff shall file his Reply brief by February 28, 2022. The Court will hold a hearing on Plaintiff's MPI on March 3, 2022 at 2:00 p.m. 2.Plaintiff's EPA is GRANTED in part. Defendants are hereby ORDERED not to place Plaintiff on the ODN or otherwise subject him to any discipline for his failure to receive a COVID-19 vaccine pending the Court's ruling on the MPI. 3.If at any time before the March 3 hearing the parties stipulate to any form of interim relief, they shall immediately inform the Court of that development. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 13 NOTICE OF ERRATA filed by Plaintiff Mark W. Short. correcting Emergency APPLICATION for Temporary Restraining Order as to Military vaccination order #2 (Short, Catherine) |
| Filing 12 Amendment to Emergency APPLICATION for Temporary Restraining Order as to Military vaccination order #2 Corrected Memorandum filed by Plaintiff Mark W. Short. (Short, Catherine) |
| Filing 11 Joint STIPULATION for Extension of Time to File Response as to Emergency APPLICATION for Temporary Restraining Order as to Military vaccination order #2 filed by Official Capacity Defendants David Berger, Carlos Del Toro. (Attachments: #1 Proposed Order)(Powell, Amy) |
| Filing 10 NOTICE of Appearance filed by attorney Amy Powell on behalf of Defendants David Berger, Carlos Del Toro (Attorney Amy Powell added to party David Berger(pty:dft), Attorney Amy Powell added to party Carlos Del Toro(pty:dft))(Powell, Amy) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Mark W. Short. (Short, Catherine) |
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Filing 7
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alicia G. Rosenberg. (jtil) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Mark W. Short. (Short, Catherine) |
| Filing 2 Emergency APPLICATION for Temporary Restraining Order as to Military vaccination order filed by Plaintiff Mark W. Short. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Proposed Order) (Short, Catherine) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32820500 - Fee: $402, filed by Plaintiff Mark W. Short. (Attorney Catherine W Short added to party Mark W. Short(pty:pla))(Short, Catherine) |
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