Huifang Zhang et al v. United States of American et al
| Huifang Zhang and Shunichi Takahashi |
| United States of American, US Department of Homeland Security, US Customs and Border Protection and Acting Secretary Kevin K. McAleenan |
| 2:2022cv05843 |
| August 17, 2022 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Karen L Stevenson |
| P.I.: Other |
| 28 U.S.C. § 1346 Tort Claim |
| None |
Docket Report
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This docket was last retrieved on October 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 134 NOTICE OF MOTION AND MOTION for Sanctions to Defendant filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. Motion set for hearing on 11/14/2022 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order proposed order) (Takahashi, Shunichi) |
Filing 133
TEXT ONLY ORDER by Judge R. Gary Klausner re Plaintiff's EX PARTE APPLICATION to leave to file reply to defendant's opposition #128 .The application is DENIED as moot in light the Court's Order #132 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kmh) TEXT ONLY ENTRY
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| Filing 131 EX PARTE APPLICATION to leave to file reply to defendant's opposition(Dkt.128) filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order proposed ex parte order) (Takahashi, Shunichi) |
| Filing 130 DECLARATION of Plaintiffs in support of EX PARTE APPLICATION to Reschedule The Show Cause Hearing(Dkt.120) #127 filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Attachments: #1 Exhibit Exhibit A)(Takahashi, Shunichi) |
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Filing 132
MINUTES (IN CHAMBERS) Order Re: Ex Parte Application to Reschedule Order to Show Cause Hearing [DE #127 ] by Judge R. Gary Klausner: The Court DENIES Plaintiffs' request. (See Civil Minutes for further specifics). (jp)
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Filing 129
MINUTES (IN CHAMBERS) Order Re: Petition to Name Change [DE #98 ] by Judge R. Gary Klausner: The Court hereby DENIES Plaintiff's petition, as Plaintiff has failed to provide sufficient basis or documentation to warrant amendment of the court records, more than three years after this action was originally filed. (jp)
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| Filing 128 OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION to Reschedule Order to Show Cause Hearing in Opposition to re: EX PARTE APPLICATION to Reschedule The Show Cause Hearing(Dkt.120) #127 filed by Defendant United States of American. (Hsieh, Randy) |
| Filing 127 EX PARTE APPLICATION to Reschedule The Show Cause Hearing(Dkt.120) filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order proposed ex parte order) (Takahashi, Shunichi) |
| Filing 126 REPLY in support of a motion NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss,, Order on Motion to Strike, #107 #108 filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Takahashi, Shunichi) |
| Filing 125 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/3/2022 a.m. re Transcript #124 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kleeger, Sheri) TEXT ONLY ENTRY |
| Filing 124 TRANSCRIPT for proceedings held on 10/03/22 a.m.. Court Reporter/Electronic Court Recorder: Sheri S. Kleeger, phone number 213-894-6604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/28/2022. Redacted Transcript Deadline set for 11/7/2022. Release of Transcript Restriction set for 1/5/2023. (Kleeger, Sheri) |
| Filing 123 STATEMENT obeying the order(Dkt.120) filed by Plaintiffs Shunichi Takahashi, Huifang Zhang re: Status Conference - optional html form,, Terminate Hearings,, Set/Reset Deadlines/Hearings, #120 . (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Takahashi, Shunichi) |
| Filing 122 SUPPLEMENT to PETITION to Name Change #98 filed by Plaintiff Shunichi Takahashi. (Takahashi, Shunichi) |
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Filing 121
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Plaintiff Shunichi Takahashis PETITION to Name Change #98 , calendared for hearing on 10/11/2022, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kmh) TEXT ONLY ENTRY
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| Filing 120 MINUTES OF SCHEDULING CONFERENCE (Not Held)/STATUS CONFERENCE before Judge R. Gary Klausner: The Court sets an Order to Show Cause Hearing for 10/17/2022, at 9:00 AM., to determine why the complaint should not be dismissed for lack of prosecution. The Scheduling Conference is continued to 10/17/2022, at 9:00 AM. Court Reporter: Sherri Kleeger. (jp) |
| Filing 119 OPPOSITION TO PLAINTIFFS' MOTION FOR RECONSIDERATION of Order on Dismissal of Minor Plaintiffs in Opposition to re: NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss,, Order on Motion to Strike, #107 #108 filed by Defendant United States of American. (Hsieh, Randy) |
| Filing 118 TRANSCRIPT ORDER as to plaintiff Shunichi Takahashi for Court Reporter. Court will contact Toshiyuki Takahashi at seattleftca@gmail.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Takahashi, Shunichi) |
| Filing 117 REPLY in support of a motion NOTICE OF MOTION AND MOTION to File a Second Amended Complaint(case law mistake) #105 filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Takahashi, Shunichi) |
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Filing 116
TEXT ONLY ENTRY ORDER by Judge R. Gary Klausner. The Plaintiff's EX PARTE APPLICATION for Relief from Scheduling Conference In Person re Initial Order Setting R26 Scheduling Conference - form only #74 is DENIED #114 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kmh) TEXT ONLY ENTRY
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| Filing 115 OPPOSITION re: EX PARTE APPLICATION for Relief from Scheduling Conference In Person re Initial Order Setting R26 Scheduling Conference - form only #74 #114 filed by Defendant United States of American. (Hsieh, Randy) |
| Filing 114 EX PARTE APPLICATION for Relief from Scheduling Conference In Person re Initial Order Setting R26 Scheduling Conference - form only #74 filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Attachments: #1 Proposed Order proposed order) (Takahashi, Shunichi) |
| Filing 113 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss,, Order on Motion to Strike, #107 #108 filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Takahashi, Shunichi) |
| Filing 112 REPLY in support of PETITION to Name Change #98 filed by Plaintiff Shunichi Takahashi. (Attachments: #1 Exhibit Exhibit A)(Takahashi, Shunichi) |
| Filing 111 SUPPLEMENT to Joint Report Rule 26(f) Discovery Plan #110 filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Takahashi, Shunichi) |
| Filing 110 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Defendant United States of American.. (Hsieh, Randy) |
| Filing 109 OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT in Opposition to re: NOTICE OF MOTION AND MOTION to File a Second Amended Complaint(case law mistake) #105 filed by Defendant United States of American. (Hsieh, Randy) |
| Filing 108 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss,, Order on Motion to Strike, #107 filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. Motion set for hearing on 10/24/2022 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D) (Takahashi, Shunichi) |
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Filing 107
MINUTES (IN CHAMBERS) Order Re: Motion to Dismiss [DE #65 ] by Judge R. Gary Klausner: Plaintiffs cannot represent their minor children and have failed to secure counsel despite having the opportunity, the Court DISMISSES all claims asserted on behalf of minors LG. and D.G. without prejudice. (See Footnote and Strike docs #101 , #102 ). (See Civil Minutes for further specifics). (jp)
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| Filing 106 OPPOSITION TO PLAINTIFF SHUNICHI TAKAHASHI'S PETITION FOR NAME CHANGE in Opposition to re: PETITION to Name Change #98 filed by Defendant United States of American. (Hsieh, Randy) |
| Filing 105 NOTICE OF MOTION AND MOTION to File a Second Amended Complaint(case law mistake) filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. Motion set for hearing on 10/17/2022 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order proposed order) (Takahashi, Shunichi) |
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Filing 104
ORDER by Judge R. Gary Klausner re MOTION to Leave to File a Second Amended Complaint(case law mistake) #103 . The document(s) is STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Hearing information is missing, incorrect, or not timely. (jre)
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| Filing 103 [DOCUMENT STRICKEN PER ORDER DATED ON 9/16/2022, SEE DOCKET ENTRY NO. #104 ] - NOTICE OF MOTION AND MOTION to Leave to File a Second Amended Complaint(case law mistake) filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Attachments: #1 Proposed Order proposed order) (Takahashi, Shunichi) Modified on 9/20/2022 (jp). |
| Filing 102 [DOCUMENT STRICKEN PER ORDER DATED ON 9/20/2022, SEE DOCKET ENTRY NO. #107 ] - REQUEST to Strike Reply (Motion related), #89 filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Proposed Order proposed order) (Takahashi, Shunichi) Modified on 9/20/2022 (jp). |
| Filing 101 [DOCUMENT STRICKEN PER ORDER DATED ON 9/20/2022, SEE DOCKET ENTRY NO. #107 ] - DECLARATION MOTION to Dismiss (Partial) and Proposed Order #65 filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Takahashi, Shunichi) Modified on 9/20/2022 (jp). |
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Filing 100
ORDER ORDER GRANTING Request to withdraw the motion for recusal of the judge (Dkt. 85) #97 by Judge R. Gary Klausner, the Motion is GRANTED. The clerk shall terminate the motion #85 and mark it as withdrawn. (jp)
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Filing 99
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Plaintiff Suunichi Takahashi's PETITION to Name Change #98 is hereby set for hearing on 10/11/2022, at 09:00 AM before Judge R. Gary Klausner. Briefing on the Petition will be set according to applicable Local Rules of Court for the Central District of California. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 98 PETITION to Name Change filed by Plaintiff Shunichi Takahashi. (Attachments: #1 Proposed Order) (Takahashi, Shunichi) |
| Filing 97 REQUEST to Withdraw NOTICE OF MOTION AND MOTION for Recusal of Judge R. Gary Klausner #85 filed by plaintiffs Shunichi Takahashi, Huifang Zhang. (Attachments: #1 Proposed Order) (Takahashi, Shunichi) |
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Filing 96
ORDER by Judge R. Gary Klausner re PETITION for Order for Name Change #92 and PETITION for Order for Reassignment of the Case #93 . The documents are STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Proposed Document was not submitted as separate attachment. (2) Proof of Service upon opposing parties required. Documents were submitted manually (via EDSS) and prior to Plaintiffs obtaining authority to electronically file. Documents stricken without prejudice to correctly refiling complete documents. (jre)
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Filing 95
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Defendant United States of Americans Motion to Dismiss #65 , calendared for hearing on 9/12/2022, has been taken under submission and off the motion calendar. No appearances by counsel or pro se parties are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 94 EXHIBIT A to PETITION for Order for Reassignment of the Case #93 filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Takahashi, Shunichi) |
| Filing 90 NOTICE OF CLERICAL ERROR re: RESPONSE to MOTION to Dismiss (Partial) #84 . The document originally filed at docket entry #84 is incomplete. Exhibit A is missing. An amended Response will be filed which contains Exhibit A. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY (jre). |
| Filing 93 (DOCUMENT STRICKEN. See Order at #96 .) - PETITION for Reassignment of the Case filed by plaintiff Shunichi Takahashi. (jp) Modified on 9/7/2022 (jre). |
| Filing 92 (DOCUMENT STRICKEN. See Order at #96 .) - PETITION for Name Change filed by plaintiff Shunichi Takahashi. (jp) Modified on 9/7/2022 (jre). |
| Filing 89 REPLY in Support of MOTION to Dismiss (Partial) and Proposed Order #65 filed by Defendants Kevin K. McAleenan, US Customs and Border Protection, US Department of Homeland Security, United States of American. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Proposed Order)(Hsieh, Randy) |
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Filing 88
ORDER by Judge R. Gary Klausner: granting #81 #82 APPLICATION for Pro Se Electronic Filing for Shunichi Takahashi and Huifang Zhang. The applicants must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicants will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (lom)
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| Filing 87 Notice of Appearance or Withdrawal of Counsel: for attorney Randy Hsieh counsel for Defendants Kevin K. McAleenan, US Customs and Border Protection, US Department of Homeland Security, United States of American. Kristen R. Vogel is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendants United States of America; U.S. Department of Homeland Security; U.S. Customs and Border Protection; and Acting Secretary Kevin K. McAleenan in his official capacity. (Attorney Randy Hsieh added to party Kevin K. McAleenan(pty:dft), Attorney Randy Hsieh added to party US Customs and Border Protection(pty:dft), Attorney Randy Hsieh added to party US Department of Homeland Security(pty:dft))(Hsieh, Randy) |
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Filing 86
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner. The MOTION for Recusal of Judge R. Gary Klausner #85 is hereby set for hearing on 10/3/2022, at 09:00 AM before Judge R. Gary Klausner. Briefing shall be set according to Local Rules of Court for the Central District of California. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 85 [DOCUMENT WITHDRAWN PER ORDER DATED ON 9/8/2022, SEE DOCKET ENTRY NO. #100 ] - MOTION for Recusal of Judge R. Gary Klausner filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (lom) (Additional attachment(s) added on 9/6/2022: #1 Proposed Order) (jp). Modified on 9/8/2022 (jp). |
| Filing 83 NOTICE of Change of Name changing pro se name to Toshiyuki Takahashi, MIDORI 3-21-11 CORPO TAKEMURA IF SUMIDA-KU, TOKYO 130-0021, JAPAN, 0081-8483-1850; Email: seattleftca@gmail.com. Filed by Plaintiff Shunichi Takahashi. (jp) Modified on 9/6/2022 (jp). |
| Filing 80 CERTIFICATE OF SERVICE filed by defendant United States of American, re Notice of Appearance or Withdrawal of Counsel (G-123), #79 served on 8/29/2022. (Attachments: #1 Proof of Service)(Hsieh, Randy) |
| Filing 82 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Huifang Zhang. (jp) |
| Filing 81 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Shunichi Takahashi. (jp) |
| Filing 79 Notice of Appearance or Withdrawal of Counsel: for attorney Randy Hsieh counsel for Defendant United States of American. Adding Randy Hsieh as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by defendant United States of America. (Attorney Randy Hsieh added to party United States of American(pty:dft))(Hsieh, Randy) |
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Filing 78
NOTICE OF DISCREPANCY AND ORDER by Judge R. Gary Klausner, ORDERING Motion for Extension of Time for Medial Reason submitted by Plaintiffs Shunichi Takahashi, Huifang Zhang received on 8/22/2022 is not to be filed but instead rejected. Denial based on: (1) No proof of service attached to document(s); (2) Proof of service must be attached to motion indicating service of motion upon all parties. (3) Motion is moot as all dates set in prior Court have been vacated. Movant not authorized for electronic filing. Digital "s/" signature not acceptable. Documents must be handsigned. Documents in foreign language must be accompanied by certified translation. (jp)
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Filing 77
NOTICE OF DISCREPANCY AND ORDER by Judge R. Gary Klausner, ORDERING Application for Permission for Electronic Filing submitted by Plaintiff Shunichi Takahashi received on 8/22/2022 is not to be filed but instead rejected. Denial based on: (1) No proof of service attached to document(s). (2) No proposed order attached. Plaintiff may resubmit for filing a complete application with proof of service. (jp)
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Filing 75
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: All dates set in the Western District of Washington are hereby vacated. The Motion to dismiss reset by this Court for 9/12/2022 and the Scheduling Conference set for 10/3/2022 remain. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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Filing 74
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 9/26/2022. Scheduling Conference set for 10/3/2022 at 09:00 AM. (jre)
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Filing 73
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner. The MOTION to Dismiss #65 is reset for hearing on 9/12/2022 at 09:00 AM before Judge R. Gary Klausner. Briefing shall reset according to Local Rules. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 91 AMENDED (to include Exhibit A) Response to Motion to Dismiss (Parties) (Dkt 65) #84 filed by Plaintiffs Huifang Zhang, Shunichi Takahashi. (jp) |
| Filing 84 RESPONSE to MOTION to Dismiss (Partial) #65 filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (jp) |
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Filing 76
NOTICE OF DISCREPANCY AND ORDER by Judge R. Gary Klausner, ORDERING Application for Permission for Electronic Filing submitted by Plaintiff Huifang Zhang received on 8/22/2022 is not to be filed but instead rejected. Denial based on: (2) No proof of service attached to document(s); (2) Application not directly submitted by party Zhan. EDSS System shows submission by other pro se Plaintiff who cannot act on behalf of Zhang. No proposed order submitted. (jp)
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Filing 72
STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge R. Gary Klausner. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE. (jp)
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| Filing 71 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 70 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 69 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Karen L. Stevenson. (ghap) |
| Filing 68 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:19-cv-1211-TL-SKV, from Western Distric of Washington (Seattle). The above-referenced case has been transferred to this district and assigned the above civil case number 2:22-cv-5843-RGK (KS). (ghap) |
| Filing 67 ORIGINAL file, certified copy of transfer order and docket sheet received from Washington Western |
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Filing 66
ORDER on Plaintiffs' #61 Objections to Motion to Change Venue. The Court ORDERS that this case be transferred to the Central District of California. Per LCR 3i, this case will be transferred on 8/16/2022. Signed by Judge Tana Lin.(MW) [Transferred from Washington Western on 8/19/2022.]
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| Filing 65 MOTION to Dismiss (Partial) and Proposed Order, filed by Defendant United States of American. (Attachments: #1 Proposed Order) Noting Date 8/26/2022, (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 64 STIPULATED PROTECTIVE ORDER re Parties' #63 Stipulated MOTION. Signed by Hon. S. Kate Vaughan. (LH) [Transferred from Washington Western on 8/19/2022.] |
| Filing 63 Stipulated MOTION for Protective Order , filed by Defendant United States of American. Noting Date 7/22/2022, (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 62 DECLARATION filed by Plaintiffs Shunichi Takahashi, Huifang Zhang re #61 OBJECTIONS by Plaintiffs Shunichi Takahashi, Huifang Zhang to #58 Order on Motion to Change Venue. (Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Filing 61 OBJECTIONS by Plaintiffs Shunichi Takahashi, Huifang Zhang to #58 Order on Motion to Change Venue. Noting Date 6/13/2022, (Attachments: #1 Exhibit Exhibit A)(Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
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Filing 60
ORDER granting Defendant's #37 Motion to Compel Discovery and Virtual Depositions From Plaintiffs. The parties are herein ORDERED to promptly meet and confer regarding the scheduling of virtual depositions and the entry of a protective order. Signed by Hon. S. Kate Vaughan.(MW) [Transferred from Washington Western on 8/19/2022.]
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| NOTICE of Corrected Document re #59 Amended Order Setting Trial Date and Related Dates. (SNP) [Transferred from Washington Western on 8/19/2022.] |
| Filing 59 AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES: 2-3 Day Jury Bench Trial is set for 2/27/2023 at 09:00 AM before Judge Tana Lin. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/27/2022, Rebuttal Expert Disclosure/Reports due by 8/26/2022, Discovery motions due by 8/29/2022, Discovery completed by 9/27/2022, Dispositive motions due by 10/27/2022, Settlement conference to be held by 11/28/2022, Mediation per LCR 39.1 due by 12/27/2022, Motions in Limine due by 1/23/2023, Pretrial Order due by 2/6/2023, Trial briefs/proposed voir dire/jury instructions due by 2/13/2023. Pretrial Conference set for 2/20/2023 at 09:30 AM before Judge Tana Lin. Signed by Hon. S. Kate Vaughan. (LH) Modified on 6/3/2022 to correct the text to state Bench Trial. (SNP) (Main Document 59 replaced on 6/3/2022) (SNP). [Transferred from Washington Western on 8/19/2022.] |
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Filing 58
ORDER denying Plaintiffs' #52 MOTION to Change Venue. Signed by Hon. S. Kate Vaughan. (LH) [Transferred from Washington Western on 8/19/2022.]
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Filing 57
ORDER on Review of Motion to Change Magistrate Judge. The Court finds and ORDERS that Judge Vaughan's order declining to disqualify herself (Dkt. #53 ) is AFFIRMED. Signed by Judge Ricardo S. Martinez. (SB) [Transferred from Washington Western on 8/19/2022.]
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| Filing 56 REPLY, filed by Plaintiffs Shunichi Takahashi, Huifang Zhang, TO RESPONSE to #52 MOTION to Change Venue (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Filing 55 DECLARATION of Kristen R. Vogel filed by Defendant United States of American re #52 MOTION to Change Venue (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 54 RESPONSE, by Defendant United States of American, to #52 MOTION to Change Venue . (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
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Filing 53
ORDER Re: Pending Motions. Plaintiffs' #52 Motion to Change Venue is RENOTED for consideration on May 20, 2022. The #37 Motion to Compel Discovery and Virtual Depositions from Plaintiffs is RENOTED for consideration on May 27, 2022. The Court finds it prudent to construe Plaintiffs' motion seeking a change of venue as also seeking recusal. The Court further directs the Clerk to refer the construed motion for recusal, Dkt. #52 at 4-5, to Chief Judge Ricardo S. Martinez. Signed by Hon. S. Kate Vaughan. (LH) [Transferred from Washington Western on 8/19/2022.]
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| Filing 52 MOTION to Change Venue and for Recusal (Attachments: #1 Exhibit Exhibit A) Noting Date 5/20/2022 5/6/2022, (Takahashi, Shunichi) Modified title and noting date on 4/27/2022 (LH) [Transferred from Washington Western on 8/19/2022.] |
| Filing 51 REDACTION to Exhibit 1 to #1 Complaint, by Plaintiffs Shunichi Takahashi, Huifang Zhang (Takahashi, Shunichi) Modified title on 4/20/2022 (LH). [Transferred from Washington Western on 8/19/2022.] |
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Filing 50
ORDER denying Plaintiffs' #48 MOTION for Reconsideration. The Court ORDERS the Pro Bono Coordinator to identify qualified and experienced counsel from the Pro Bono Panel who can represent Plaintiffs, if they consent. THIS MATTER IS STAYED until April 25, 2022, or until an attorney appears on behalf of Plaintiffs, whichever is earlier. Signed by Judge Tana Lin. (LH) (cc: Pro Bono Panel Coordinator via ECF ad hoc) [Transferred from Washington Western on 8/19/2022.]
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| Filing 49 RESPONSE, by Defendant United States of American, to #48 MOTION for Reconsideration re #44 Order Referring Case . (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 48 MOTION for Reconsideration re #44 Order Referring Case , filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. Noting Date 2/17/2022, (Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Filing 47 JOINT STATUS REPORT signed by all parties. Filed by Defendant United States of American.(Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 46 NOTICE of Change of Address/Change of Name Filed by Plaintiff Shunichi Takahashi. (Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Filing 45 MINUTE ORDER (text only) made at the direction of Judge Tana Lin. Judge Lin is unavailable for the trial date as currently scheduled in this reassigned case. Before the Court resets the remaining case deadlines, the parties shall file a joint status report with: (1) a discussion of the prospects for a settlement, if any; (2) an overview of any anticipated issues for trial; (3) a current estimate of the number of days required for trial; and (4) the dates on which trial counsel may have conflicts or other complications to be considered in setting a trial date this year. The joint status report shall not exceed three (3) pages and shall be filed within seven (7) days of this Order. (KMP) [Transferred from Washington Western on 8/19/2022.] |
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Filing 44
ORDER of Reference: The Court hereby refers to Magistrate Judge S. Kate Vaughan all non-dispositive pretrial matters. All future documents filed in this case must bear the cause number 2:19-cv-01211-TL-SKV. Signed by Judge Tana Lin. (LH) [Transferred from Washington Western on 8/19/2022.]
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| Filing 43 SURREPLY, filed by Plaintiffs Shunichi Takahashi, Huifang Zhang, TO RESPONSE to #37 MOTION to Compel Discovery and Virtual Depositions from Plaintiffs & Proposed Order (Attachments: #1 Exhibit Exhibit A)(Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Filing 42 Supplemental DECLARATION of Kristen R. Vogel filed by Defendant United States of American re #37 MOTION to Compel Discovery and Virtual Depositions from Plaintiffs & Proposed Order (Attachments: #1 Exhibit A)(Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 41 REPLY, filed by Defendant United States of American, TO RESPONSE to #37 MOTION to Compel Discovery and Virtual Depositions from Plaintiffs & Proposed Order (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 40 RESPONSE, by Plaintiffs Shunichi Takahashi, Huifang Zhang, to #37 MOTION to Compel Discovery and Virtual Depositions from Plaintiffs & Proposed Order. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit L, #11 Exhibit Exhibit M, #12 Exhibit Exhibit N, #13 Exhibit Exhibit P, #14 Exhibit Exhibt O, #15 Exhibit Exhibit X, #16 Exhibit Exhibit Y)(Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
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Filing 39
STANDING ORDER REGARDING 28 U.S.C. 455 AND CANON 3 OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Tana Lin. (KMP) [Transferred from Washington Western on 8/19/2022.]
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| Filing 38 DECLARATION of Kristen R. Vogel filed by Defendant United States of American re #37 MOTION to Compel Discovery and Virtual Depositions from Plaintiffs & Proposed Order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 37 MOTION to Compel Discovery and Virtual Depositions from Plaintiffs & Proposed Order, filed by Defendant United States of American. (Attachments: #1 Proposed Order) Noting Date 5/27/2022 1/28/2022, (Vogel, Kristen) Modified noting date on 4/27/2022 (LH). [Transferred from Washington Western on 8/19/2022.] |
| Case Reassigned to Judge Tana Lin. Judge Ricardo S. Martinez no longer assigned to the case. (LC) [Transferred from Washington Western on 8/19/2022.] |
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Filing 36
ORDER SETTING TRIAL DATE AND RELATED DATES by Judge Ricardo S. Martinez. Bench Trial is set for 8/22/2022 at 09:00 AM before Judge Ricardo S. Martinez. Length of Trial: *2-3 days*. Joinder of Parties due by 12/1/2021, Amended Pleadings due by 12/1/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/23/2022, Motions due by 3/25/2022, Discovery completed by 4/25/2022, Dispositive motions due by 5/24/2022, 39.1 mediation to be completed by 7/8/2022, Motions in Limine due by 7/25/2022, Pretrial Order due by 8/10/2022, Trial briefs to be submitted by 8/17/2022, Proposed Findings of Fact and Conclusions of Law to be submitted by 8/17/2022. (LC) [Transferred from Washington Western on 8/19/2022.]
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| Filing 35 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 2-3. Filed by Defendant United States of American.(Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Pro se plaintiff notifies Court of updated mailing address for plaintiff Takahashi; case docket updated. (LC) [Transferred from Washington Western on 8/19/2022.] |
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Filing 34
ORDER denying Plaintiffs' #31 Motion for Relief. Signed by Judge Ricardo S. Martinez. (PM) [Transferred from Washington Western on 8/19/2022.]
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| Filing 33 REPLY, filed by Plaintiffs Shunichi Takahashi, Huifang Zhang, TO RESPONSE to #31 Emergency MOTION for Relief (Attachments: #1 Exhibit Japan_USA_mutual_agreement_VWP, #2 Exhibit CBP_Field_Manual)(Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Filing 32 RESPONSE, by Defendants Kevin K McAleenan, US Customs and Border Protection, US Department of Homeland Security, United States of American, to #31 Emergency MOTION for Relief . (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 31 Emergency MOTION for Relief , filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. Noting Date 8/20/2021, (Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
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Filing 30
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge Ricardo S. Martinez. Joint Status Report due by 9/2/2021, FRCP 26(f) Conference Deadline is 8/19/2021, Initial Disclosure Deadline is 8/26/2021. (LC) [Transferred from Washington Western on 8/19/2022.]
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| Filing 29 ANSWER to #21 Amended Complaint, by Kevin K McAleenan, US Customs and Border Protection, US Department of Homeland Security, United States of American.(Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
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Filing 28
ORDER re the Defendants' #23 Partial Motion to Dismiss. It is hereby ORDERED that Defendants' Partial Motion to Dismiss, Dkt. #23 , is GRANTED. Counts 3-8 are DISMISSED with prejudice. Signed by Judge Ricardo S. Martinez.(PM) [Transferred from Washington Western on 8/19/2022.]
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| Filing 27 REPLY, filed by Defendants Kevin K McAleenan, US Customs and Border Protection, US Department of Homeland Security, United States of American, TO RESPONSE to #23 MOTION to Dismiss United States' Partial Motion to Dismiss Amended Complaint (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
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Filing 26
ORDER granting Parties' #24 Stipulated Motion for Extension of Time. Plaintiff's Response to Defendants' Motion to Dismiss shall be due on or before August 24, 2020. Signed by Judge Ricardo S. Martinez. (LH) [Transferred from Washington Western on 8/19/2022.]
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| Filing 25 RESPONSE, by Plaintiffs Shunichi Takahashi, Huifang Zhang, to #23 MOTION to Dismiss United States' Partial Motion to Dismiss Amended Complaint. (Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Filing 24 Stipulated MOTION , filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. Noting Date 8/20/2020, (Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Filing 23 MOTION to Dismiss United States' Partial Motion to Dismiss Amended Complaint, filed by Defendants Kevin K McAleenan, US Customs and Border Protection, US Department of Homeland Security, United States of American. (Attachments: #1 Proposed Order) Noting Date 8/21/2020, (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 22 NOTICE: Plaintiff Huifang Zhang has registered to electronically file and receive electronic service in this case. (KB) [Transferred from Washington Western on 8/19/2022.] |
| NOTICE REGARDING LACK OF PROPER SIGNATURE. The #21 Amended Complaint was improperly signed by Huifang Zhang. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. Huifang Zhang is not signed up for electronic filing and cannot use an electronic signature when signing documents. Please file corrected signature page using Praecipe to Attach event and link to original filing. (LH) [Transferred from Washington Western on 8/19/2022.] |
| Filing 21 AMENDED COMPLAINT against All Defendants, filed by Shunichi Takahashi, Huifang Zhang. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
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Filing 20
ORDER granting parties' #19 Stipulated Motion for Extension of Time to File First Amended Complaint. Plaintiffs' First Amended Complaint is due 7/17/2020. Signed by Judge Ricardo S. Martinez. (PM) (Plaintiffs' #18 Motion for Extension of Time terminated) [Transferred from Washington Western on 8/19/2022.]
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| NOTICE REGARDING LACK OF PROPER SIGNATURE. The #19 Stipulated Motion was improperly signed by Huifang Zhang. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (PS) [Transferred from Washington Western on 8/19/2022.] |
| Filing 19 Stipulated MOTION for extension of time to file The First Amended Complaint, filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. Noting Date 5/28/2020, (Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Noting Date Reset re #18 MOTION for Extension of Time to File a First Amended Complaint : Noting Date 6/5/2020, per LCR 7(2)(2). (PM) [Transferred from Washington Western on 8/19/2022.] |
| Filing 18 MOTION for Extension of Time to File a First Amended Complaint, filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Attachments: #1 Proposed Order Proposed order for Plaintiffs' Motion for Extension of Time to File a First Amended Complaint) Noting Date 6/5/2020 5/26/2020, (Takahashi, Shunichi) Modified on 5/26/2020 to correct the noting date per LCR (d)(2) (PM). [Transferred from Washington Western on 8/19/2022.] |
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Filing 17
ORDER granting in part Defendants' #8 Partial Motion to Dismiss. Plaintiffs are GRANTED leave to amend those claims dismissed without prejudice (Counts 2, 4-8, and 11). Plaintiffs are ORDERED to file a First Amended Complaint within thirty (30) days from the date of this Order. Signed by Judge Ricardo S. Martinez.(PM) cc: Huifang Zhang via USPS [Transferred from Washington Western on 8/19/2022.]
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| Filing 16 REPLY, filed by Defendants Kevin K McAleenan, US Customs and Border Protection, US Department of Homeland Security, United States of American, TO RESPONSE to #8 MOTION to Dismiss United States' Partial Motion to Dismiss (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 15 RESPONSE, by Plaintiffs Shunichi Takahashi, Huifang Zhang, to #8 MOTION to Dismiss United States' Partial Motion to Dismiss. (Attachments: #1 Exhibit Exhibit8_ESTA Application)(Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
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Filing 14
ORDER re Parties' #13 Stipulated Motion for Extension of Time of Noting Date for Defendant's #8 Motion to Dismiss: Plaintiffs' Response to Defendant's Motion to Dismiss is due on 2/17/2020 and that the Defendant's Motion to Dismiss should be noted for consideration on 2/28/2020. Signed by Judge Ricardo S. Martinez.(MW) [Transferred from Washington Western on 8/19/2022.]
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| Filing 13 Stipulated MOTION for Extension of Time of Noting Date for Defendant's Motion to Dismiss, filed by Defendants Kevin K McAleenan, US Customs and Border Protection, US Department of Homeland Security, United States of American. Noting Date 1/28/2020, (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
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Filing 12
ORDER granting Plaintiffs' #11 Stipulated Motion for Extension to Time. Plaintiffs' Response to Defendant's Motion to Dismiss shall be due on or before February 17, 2020. Defendant's Motion to Dismiss shall be noted for consideration on February 21, 2020. Plaintiffs' previous Motions for Extension of Time, Dkts. #9 , #10 , are hereby STRICKEN as duplicative. Signed by Judge Ricardo S. Martinez. (PM) [Transferred from Washington Western on 8/19/2022.]
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| Filing 11 STIPULATION AND PROPOSED ORDER by parties re #9 MOTION for Extension of Time , Set/Reset Motion Noting Date (Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Filing 10 STIPULATION AND PROPOSED ORDER by parties re #9 MOTION for Extension of Time (Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Noting Date Reset re Plaintiffs' #9 MOTION for Extension of Time: Noting Date 1/17/2020, per LCR 7(d)(3) and per direction of chambers. (PM) [Transferred from Washington Western on 8/19/2022.] |
| Filing 9 MOTION for Extension of Time , filed by Plaintiffs Shunichi Takahashi, Huifang Zhang. (Attachments: #1 Proposed Order) Noting Date 1/8/2020, (Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Filing 8 MOTION to Dismiss United States' Partial Motion to Dismiss, filed by Defendants Kevin K McAleenan, US Customs and Border Protection, US Department of Homeland Security, United States of American. (Attachments: #1 Proposed Order) Noting Date 1/17/2020, (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 7 NOTICE of Appearance by attorney Kristen R Vogel on behalf of Defendants Kevin K McAleenan, US Customs and Border Protection, US Department of Homeland Security, United States of American. (Vogel, Kristen) [Transferred from Washington Western on 8/19/2022.] |
| Filing 6 AFFIDAVIT of Mailing of Summons and Complaint to MICHAEL W GRAHAM United States of America/Attorney General of the U.S./U.S. Dept. of Justice, on 10/17/2019, filed by Plaintiff Shunichi Takahashi. (Takahashi, Shunichi) Modified on 10/23/2019 (PM). [Transferred from Washington Western on 8/19/2022.] |
| NOTICE of Docket Text Modification re #6 Affidavit of Service of Summons and Complaint: corrected name of party summons and complaint mailed to from Michael W. Graham to United States of America. (PM) [Transferred from Washington Western on 8/19/2022.] |
| Filing 5 Summons(es) Electronically Issued as to defendant(s) Kevin K McAleenan, US Customs and Border Protection, US Department of Homeland Security, United States of American (Attachments: #1 Summons - CBP, #2 Summons - DHS, #3 Summons - Kevin DHS, #4 Summons - Kevin CBP, #5 Summons - Seattle U.S. Attorney)(PM) [Transferred from Washington Western on 8/19/2022.] |
| Filing 4 PRAECIPE TO ISSUE SUMMONS by Plaintiffs Shunichi Takahashi, Huifang Zhang (Attachments: #1 Summons CBP, #2 Summons DHS, #3 Summons kevin_CBP, #4 Summons kevin_DHS, #5 Summons US_Attorney_in_WA)(Takahashi, Shunichi) [Transferred from Washington Western on 8/19/2022.] |
| Filing 3 NOTICE: Plaintiff Shunichi Takahashi has registered to electronically file and receive electronic service in this case. (PS) [Transferred from Washington Western on 8/19/2022.] |
| Filing 2 LETTER to Filer re case number and Judge assignment. (GT) [Transferred from Washington Western on 8/19/2022.] |
| Filing 1 COMPLAINT against defendants United States of American, US Department of Homeland Security, US Customs and Border Protection, and Kevin K McAleenan.(Receipt # SEA097187), filed by Huifang Zhang, Sunichi Takahashi. (Attachments: #1 SEALED Exhibit, #2 Civil Cover Sheet, #3 Email from filer, #4 Email from filer, #5 Email from filer)(GT) [Transferred from Washington Western on 8/19/2022.] |
| NOTICE TO FILER: re #1 Complaint,. Document(s) contain personal identifiers that are required to be redacted per Federal Rule of Civil Procedure 5.2 and Local Civil Rule 5.2, and has been administratively sealed. Please file a redacted version of the document as soon as practicable. This will not affect your original filing date. (GT) Modified on 10/16/2019 - regenerated NEF to plaintiff Shunichi Takahashi and mailed out copy to plaintiff Huifang Zhang (TH). [Transferred from Washington Western on 8/19/2022.] |
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