In the Matter of the Complaint of City of Huntington Beach v. City of Huntington Beach
| City of Huntington Beach |
| In the Matter of the Complaint of City of Huntington Beach |
| Rick Squirrell, Pamela Squirrell and Crystaliner Corporaiton |
| Greg Crow, Michael Eichenseer and Katelyn Fleming |
| 8:2010cv00641 |
| May 12, 2010 |
| US District Court for the Central District of California |
| Robert N Block |
| Josephine L Staton |
| Marine |
| 28 U.S.C. § 1331 Fed. Question |
| Defendant |
Docket Report
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This docket was last retrieved on April 4, 2011. A more recent docket listing may be available from PACER.
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| Filing 69 FINAL JUDGMENT by Judge Josephine Staton Tucker. It Is Hereby Ordered That judgment be entered in favor of Claimants Rick Squirrell and Pamela Squirrell forthwith #37 (MD JS-6, Case Terminated). (twdb) |
Filing 68
ORDER by Judge Josephine Staton Tucker Granting Claimants' Motion for Summary Judgment #37 . The Court Denies as Moot Claimant's Motion to Stay #39 and Motion to Deposit Funds #41 . The Injunction issued in this case on or about 11/10/2010 is Dissolved immediately. (See Order for further details) (db)
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| Filing 67 MINUTES OF Motion Hearing held before Judge Josephine Staton Tucker:taking under advisement #35 Motion to Dismiss for Lack of Jurisdiction ; taking under advisement #37 Motion to Dismiss Case ; taking under advisement #39 Motion to Stay Case ; taking under advisement #41 Motion to Deposit Funds; Cause called. Tentative Ruling provided to counsel prior to proceedings. Hearing held. Counsel argue. Court takes matters under submission. Court Reporter: Deborah Parker. (twdb) |
| Filing 66 NOTICE of Change of Attorney Information for attorney Anita M Eilert counsel for Plaintiff City of Huntington Beach. Filed by Petitioner City of Huntington Beach (Eilert, Anita) |
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Filing 65
ORDER by Judge Josephine Staton Tucker: Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp3) requiring the parties to appear before a retired judicial officer or other private or non-profit dispute resolution body. (twdb)
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| Filing 64 NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Plaintiff City of Huntington Beach(Eilert, Anita) |
| Filing 63 PROOF OF SERVICE filed by Claimants Pamela Squirrell, Rick Squirrell, of Reply briefs in Support of Motions to Dismiss for Lack of Subject Matter Jurisdiction, to Dismiss for Failure to State a Claim or for Summary Judgment, etc., to Stay Present Action and Dissolve the Injunction in this Matter, and to Increase the Limitation Fund and Security Therefor, as well as Evidentiary Objections to Evidence Offered by City of Huntington Beach served on 2/14/2011. (Reeves, Rex) |
| Filing 62 Objections in Support of re: MOTION to Dismiss Case or, the Alternative, for Summary Judgment or Partial Summary Judgment #37 (Objections to Evidence Offered by City of Huntington Beach in Opposition to Claimants' Motion) filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 61 REPLY in Support of MOTION to Deposit Funds , More Particularly that the Limitation Fund in this Action Be Increased and that Petitioner City of Huntington Beach Be Ordered to Provide Additonal Security Therefor #41 filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 60 REPLY in Support of MOTION to Stay Case pending Litigation of the Claims of Claimants Rick and Pamela Squirrell in state court and to Dissolve Injunction Restraining All Other Claims and Proceedings #39 filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 59 REPLY in Support of MOTION to Dismiss Case or, the Alternative, for Summary Judgment or Partial Summary Judgment #37 filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 58 REPLY in Support of First MOTION to Dismiss for Lack of Jurisdiction #35 filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 57 NOTICE filed by Petitioner City of Huntington Beach. of Errata (Attachments: #1 City's Evidentiary Objections to Claimants' Separate Statement of Facts signature page)(Eilert, Anita) |
| Filing 56 MEMORANDUM in Opposition to MOTION to Dismiss Case or, the Alternative, for Summary Judgment or Partial Summary Judgment #37 filed by Plaintiff City of Huntington Beach. (Attachments: #1 Statement of Controverted Facts in Opposition to Motion to Dismiss Complaint, etc., #2 Evidentiary Objections to Claimants' Separate Statement of Undisputed Facts, #3 Opposition and Objection to Request for Judical Notice, #4 Declaration Declaration of Kyle Lindo in Support, #5 Declaration Declaration of Neal Moore in Support, #6 Declaration Declaration of Anita M. Eilert)(Eilert, Anita) |
| Filing 55 MEMORANDUM of Points and Authorities in Opposition Re: Memorandum in Support of Motion #36 , First MOTION to Dismiss for Lack of Jurisdiction #35 (Eilert, Anita) |
| Filing 54 MEMORANDUM of Points and Authorities in Opposition Re: MOTION to Deposit Funds , More Particularly that the Limitation Fund in this Action Be Increased and that Petitioner City of Huntington Beach Be Ordered to Provide Additonal Security Therefor #41 , Memorandum in Support of Motion, #42 (Eilert, Anita) |
| Filing 53 MEMORANDUM of Points and Authorities in Opposition to Claimants' Motion to Stay and Dissolve Injunction Restraining all Other Claims and Proceedings Re: Memorandum in Support of Motion, #40 (Eilert, Anita) |
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Filing 52
ORDER ON JURY TRIAL by Judge Josephine Staton Tucker: Final Pretrial Conference: February 6, 2012 at 1:30 p.m.; Exhibit Conference February 17, 2012 at 3:00 p.m.; Trial: February 21, 2012 at 9:00 a.m. (See document for further details.) (rla)
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Filing 51
MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker, VACATING SCHEDULING CONFERENCE AND SETTING CASE MANAGEMENT DATES: Discovery cut-off 11/7/2011. Final Pretrial Conference set for 2/6/2012 01:30 PM before Judge Josephine Staton Tucker. Jury Trial set for 2/21/2012 09:00 AM before Judge Josephine Staton Tucker. (See document for further details.) (rla)
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| Filing 50 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 - 20 days, filed by Plaintiff City of Huntington Beach.. (Picciurro, Andre) |
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Filing 49
ORDER by Judge Josephine Staton Tucker, granting Stipulation for brief continuance of scheduling conference #28 . ( Scheduling Conference set for 3/7/2011 01:30 PM before Judge Josephine Staton Tucker.) (twdb)
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| Filing 48 PROOF OF SERVICE filed by Claimants Pamela Squirrell, Rick Squirrell, re Answer to Complaint (Discovery), Counterclaim, Answer to Complaint (Discovery), #29 served on 2/11/2011. (Reeves, Rex) |
| Filing 47 PROOF OF SERVICE filed by Claimants Pamela Squirrell, Rick Squirrell, of Motions to Dismiss for Lack of Subject Matter Jurisdiction, to Dismiss for Failure to State a Claim or for Summary Judgment, etc., to Stay the Present Action and Dissolve the Injunction in this matter, and to Increase the Limitation Fund and the Security Therefor, and supporting declarations and other supporting materials, Motion to Dismiss served on 2/14/2011. (Reeves, Rex) |
| Filing 46 DECLARATION of Peter A. Naronha in support of MOTION to Stay Case pending Litigation of the Claims of Claimants Rick and Pamela Squirrell in state court and to Dissolve Injunction Restraining All Other Claims and Proceedings #39 , MOTION to Deposit Funds , More Particularly that the Limitation Fund in this Action Be Increased and that Petitioner City of Huntington Beach Be Ordered to Provide Additonal Security Therefor #41 , MOTION to Dismiss Case or, the Alternative, for Summary Judgment or Partial Summary Judgment #37 , First MOTION to Dismiss for Lack of Jurisdiction #35 filed by Claimants Pamela Squirrell, Rick Squirrell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D and E, #5 Exhibit F, G and H)(Reeves, Rex) |
| Filing 45 DECLARATION of Gary L. Chambers in support of MOTION to Dismiss Case or, the Alternative, for Summary Judgment or Partial Summary Judgment #37 filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 44 DECLARATION of Gary L. Chambers in support of MOTION to Deposit Funds , More Particularly that the Limitation Fund in this Action Be Increased and that Petitioner City of Huntington Beach Be Ordered to Provide Additonal Security Therefor #41 filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 43 REQUEST FOR JUDICIAL NOTICE re MOTION to Stay Case pending Litigation of the Claims of Claimants Rick and Pamela Squirrell in state court and to Dissolve Injunction Restraining All Other Claims and Proceedings #39 , MOTION to Deposit Funds , More Particularly that the Limitation Fund in this Action Be Increased and that Petitioner City of Huntington Beach Be Ordered to Provide Additonal Security Therefor #41 , MOTION to Dismiss Case or, the Alternative, for Summary Judgment or Partial Summary Judgment #37 , First MOTION to Dismiss for Lack of Jurisdiction #35 filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 42 MEMORANDUM in Support of MOTION to Deposit Funds , More Particularly that the Limitation Fund in this Action Be Increased and that Petitioner City of Huntington Beach Be Ordered to Provide Additonal Security Therefor #41 filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 41 NOTICE OF MOTION AND MOTION to Deposit Funds , More Particularly that the Limitation Fund in this Action Be Increased and that Petitioner City of Huntington Beach Be Ordered to Provide Additonal Security Therefor filed by Claimants Pamela Squirrell, Rick Squirrell. Motion set for hearing on 3/28/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: #1 Proposed Order)(Reeves, Rex) |
| Filing 40 MEMORANDUM in Support of MOTION to Stay Case pending Litigation of the Claims of Claimants Rick and Pamela Squirrell in state court and to Dissolve Injunction Restraining All Other Claims and Proceedings #39 filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 39 NOTICE OF MOTION AND MOTION to Stay Case pending Litigation of the Claims of Claimants Rick and Pamela Squirrell in state court and to Dissolve Injunction Restraining All Other Claims and Proceedings filed by Claimants Pamela Squirrell, Rick Squirrell. Motion set for hearing on 3/28/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: #1 Proposed Order, #2 Stipulations Offered by Claimants Rick and Pamela Squirrell Preserving Petitioner's Rights to Litigate Limitation Issues in the Present Limitation Action)(Reeves, Rex) |
| Filing 38 MEMORANDUM in Support of MOTION to Dismiss Case or, the Alternative, for Summary Judgment or Partial Summary Judgment #37 based on (1) Statute of Limitations, and (2) Privity or Knowledge filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 37 NOTICE OF MOTION AND MOTION to Dismiss Case or, the Alternative, for Summary Judgment or Partial Summary Judgment filed by Claimants Pamela Squirrell, Rick Squirrell. Motion set for hearing on 3/28/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: #1 Proposed Order, #2 Proposed Order Proposed Judgment, #3 Proposed Order Proposed Findings of Fact and Conclusions of Law, #4 Memorandum Separate Statement of Undisputed Facts)(Reeves, Rex) |
| Filing 36 MEMORANDUM in Support of First MOTION to Dismiss for Lack of Jurisdiction #35 filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 35 NOTICE OF MOTION AND First MOTION to Dismiss for Lack of Jurisdiction filed by Claimants Pamela Squirrell, Rick Squirrell. Motion set for hearing on 3/28/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: #1 Proposed Order)(Reeves, Rex) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) #27 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (nbo) |
| Filing 33 PROOF OF SERVICE filed by Claimants Pamela Squirrell, Rick Squirrell, of CLAIMS AND ANSWER OF CLAIMANTS RICK SQUIRRELL AND PAMELA SQUIRRELL TO COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY FILED BY PETITIONER CITY OF HUNTINGTON BEACH; DEMAND FOR JURY TRIAL served on 2/11/2011. (Reeves, Rex) |
| Filing 32 CERTIFICATE OF SERVICE filed by claimant Crystaliner Corporation, re Certificate/Notice of Interested Parties #31 , Claim (maritime) #30 . (rla) |
| Filing 31 CERTIFICATION AND NOTICE of Interested Parties filed by claimant Crystaliner Corporaiton, identifying Other Affiliate Navigators Ins. Company - Navigators Calif, Other Affiliate Chambers, Noronha and Kubota, Other Affiliate Union Insurance Companies, Other Affiliate International Marine Underwriters Commercial, Other Affiliate Insurance Services, Other Affiliate Everest National Insurance Company for Crystaliner Corporaiton. (rla) |
| Filing 30 CLAIM filed by filed by claimant Crystaliner Corporation. (rla) |
| Filing 29 CLAIMS AND ANSWER OF CLAIMANTS to Complaint - (Discovery) #1 . CLAIM against City of Huntington Beach, Greg Crow, Michael Eichenseer, Katelyn Fleming, Crystaliner Corporation; filed by claimants Rick Squirrell, Pamela Squirrell. (Attachments: #1 PART 2, #2 PART 3)(rla) |
| Filing 28 STIPULATION to Continue Scheduling Conference from February 28, 2011 to March 7, 2011 filed by Plaintiff City of Huntington Beach. (Attachments: #1 Proposed Order)(Picciurro, Andre) |
| Filing 27 ANSWER to Complaint - (Discovery) #1 with JURY DEMAND and CLAIMS AGAINST PETITIONER CITY OF HUNTINGTON BEACH filed by Claimants Rick Squirrell and Pamela Squirrell Pamela Squirrell, Rick Squirrell. (Attachments: #1 Exhibit A, #2 Exhibit B and C and POS)(Reeves, Rex) |
| Filing 26 NOTICE of Change of Attorney Information for attorney Rex T Reeves counsel for Claimants Pamela Squirrell, Rick Squirrell. Changing address and firm name to Law Offices of Rex T. Reeves, 13522 Newport Avenue, Ste. 201, Tustin, CA 92780. Changing phone and fax to phone: 714-731-8500; fax: 714-731-5741. Filed by Claimants Rick Squirrell and Pamela Squirrell (Reeves, Rex) |
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Filing 25
ORDER setting scheduling conference by Judge Josephine Staton Tucker. ( Scheduling Conference set for 2/28/2011 01:30 PM before Judge Josephine Staton Tucker, Courtroom 10-A.) READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (twdb)
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Filing 24
ORDER & NOTICE TO CLAIMANTS by Judge Josephine Staton Tucker #23 . All persons asserting claims with respect to which the complaint seeks limitation are admonished to 1) file their respective claims using case number SACV10-00641 JST(RNBx) with the Clerk at the United States District Court, Central District of California. Read Order for further information. (twdb)
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Filing 23
MINUTES (IN CHAMBERS): ORDER by Judge Josephine Staton Tucker: granting #15 Motion for Issuance of notice to claimants and injunction restraining all other claims and proceedings. Service of this Order as a restraining order shall be made by delivering a certified copy of this Order to the person or persons to be restrained, or to their respective attorneys or representatives by any form of air mail requiring a return receipt, or alternatively served by hand. See Minute Order for Further Information. (twdb)
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| Filing 22 Amended STIPULATION for Issuance of an injunction restraining the commencement and prosecution of any actions or proceeding against Petitioner City of Huntington Beach filed by Petitioner City of Huntington Beach.(Picciurro, Andre) |
| Filing 21 MINUTES OF Petitioner's Motion for Issuance of Notice to Claimants and Injunction Restraining All Other Claims and Proceedings #15 . Court's Tentative Ruling issued to counsel before case called. Case called. Hearing held. Court and counsel confer. Matter is taken under submission. Motion Hearing held before Judge Josephine Staton Tucker. Court Reporter: Deborah Parker. (nca) |
| Filing 20 OBJECTIONS to MEMORANDUM in Opposition to Motion,, #18 By City of Huntington Beach to Evidence by Objecting Party Contained in Opposition Points and Authorities filed by Plaintiff City of Huntington Beach. (Picciurro, Andre) |
| Filing 19 RESPONSE IN SUPPORT of MOTION for Issuance of Notice to Claimants and Injunction Restraining all Other Claims and Proceedings #15 , Amended MOTION to MOTION for Issuance of Notice to Claimants and Injunction Restraining all Other Claims and Proceedings #15 Amended MOTION to MOTION for Issuance of Notice to Claimants and Injunction Restraining all Other Claims and Proceedings #15 #16 filed by Plaintiff City of Huntington Beach. (Picciurro, Andre) |
| Filing 18 MEMORANDUM in Opposition to MOTION for Issuance of Notice to Claimants and Injunction Restraining all Other Claims and Proceedings #15 , Amended MOTION to MOTION for Issuance of Notice to Claimants and Injunction Restraining all Other Claims and Proceedings #15 Amended MOTION to MOTION for Issuance of Notice to Claimants and Injunction Restraining all Other Claims and Proceedings #15 #16 filed by Claimants Pamela Squirrell, Rick Squirrell. (Attachments: #1 Stipulations By Claimants Preserving Petitioner's Rights to Litigate Limitation Issues in the Present Limitation Action)(Reeves, Rex) |
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Filing 17
INITIAL STANDING ORDER by Judge Josephine Staton Tucker for cases assigned to Judge Josephine Staton Tucker. (dro)
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| Filing 16 NOTICE OF MOTION AND Amended MOTION to MOTION for Issuance of Notice to Claimants and Injunction Restraining all Other Claims and Proceedings #15 filed by Petitioner City of Huntington Beach. Motion set for hearing on 10/18/2010 at 10:00 AM before Judge Josephine Staton Tucker. (Picciurro, Andre) |
| Filing 15 NOTICE OF MOTION AND MOTION for Issuance of Notice to Claimants and Injunction Restraining all Other Claims and Proceedings filed by Petitioner City of Huntington Beach. Motion set for hearing on 10/18/2010 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Proposed Order, #3 Proposed Notice to Claimants)(Picciurro, Andre) |
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Filing 14
ORDER OF THE CHIEF JUDGE (#10-070) approved by Judge Audrey B. Collins. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Josephine Staton Tucker, this case is transferred from Judge Andrew J. Guilford to the calendar of Judge Josephine Staton Tucker for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV10-00641 JST (RNBx). (rrp)
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Filing 13
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: DENYING APPLICATION FOR TEMPORARY RESTRAINING ORDER #9 : After reviewing the arguments submitted, the Court finds that a temporary restraining order is not warranted. Thus, the Court DENIES the Application. Petitioner may file a regular noticed motion requesting the relief sought. (rla)
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| Filing 12 CERTIFICATE of Interested Parties filed by Claimants Pamela Squirrell, Rick Squirrell, identifying Rick Squirrell (Claimant), Pam Squirrell (Claimant), Chambers, Noronha & Kubota (Claimants' attorneys), Rex T. Reeves (Claimants' attorney), City of Huntington Beach (Petitioner), Navigators Ins. Company/Navigators Calif. Insurance Services (Petitioner's insurer), Everest National Insurance Company (Petitioner's excess insurer), Kaye, Rose & Partners LLP (Petitioner's attorneys). (Reeves, Rex) |
| Filing 11 MEMORANDUM in Opposition to EX PARTE APPLICATION for Preliminary Injunction re EX PARTE APPLICATION FOR ISSUANCE OF NOTICE TO CLAIMANTS AND INJUNCTION RESTRAINING ALL OTHER CLAIMS AND PROCEEDINGS; MEMORANDUM OF POINTS AND AUTHORITIES #9 filed by Claimants Pamela Squirrell, Rick Squirrell. (Reeves, Rex) |
| Filing 10 NOTICE OF REASSIGNMENT of MJ Pilot case from Magistrate Judge Arthur Nakazato to Judge Andrew J. Guilford for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Robert N. Block. The case number will now reflect the initials of the transferee Judges SACV 10-00641 AG (RNBx). (rn) |
| Filing 9 EX PARTE APPLICATION for Preliminary Injunction re EX PARTE APPLICATION FOR ISSUANCE OF NOTICE TO CLAIMANTS AND INJUNCTION RESTRAINING ALL OTHER CLAIMS AND PROCEEDINGS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Petitioner City of Huntington Beach. (Attachments: #1 DECLARATION OF ANDR M. PICCIURRO IN SUPPORT OF EX PARTE APPLICATION FOR ISSUANCE OF NOTICE TO CLAIMANTS AND INJUNCTION RESTRAINING ALL OTHER CLAIMS AND PROCEEDINGS, #2 [PROPOSED] NOTICE TO CLAIMANTS, #3 ORDER GRANTING EX PARTE APPLICATION FOR ORDER: DIRECTING ISSUANCE OF (1) NOTICE TO CLAIMANTS; AND (2) INJUNCTION RESTRAINING COMMENCEMENT AND FURTHER PROSECUTION OF CLAIMS AND PROCEEDINGS)(Picciurro, Andre) |
| Filing 8 NOTICE OF CLERICAL ERROR: Due to clerical error: Incorrect case number was placed on the case initiating documents. Case number has been corrected. The correct case number is SACV10-641-AN. (lwag) |
| Filing 7 DECLARATION OF SERVICE filed by Respondent City of Huntington Beach, served on 5/12/2010. (lwag) |
| Filing 6 DECLARATION of Gene P. Hillger RE: Value of Sentinel II filed by Respondent City of Huntington Beach. (lwag) |
| Filing 5 NOTICE OF PENDENCY of Other Actions or Proceedings (Local Rule 83-1.4) filed by Respondent City of Huntington Beach. (lwag) |
| Filing 4 AD INTERIM STIPULATION filed by Respondent City of Huntington Beach.(lwag) |
| Filing 3 NOTICE TO COUNSEL re Magistrate Judge Civil Consent Pilot Project. This case has been randomly assigned to Magistrate Judge Arthur Nakazato. (lwag) |
| Filing 2 CERTIFICATE of Interested Parties filed by Respondent City of Huntington Beach. (lwag) |
| Filing 1 COMPLAINT against Petitioner In the Matter of the Complaint of City of Huntington Beach.(Filing fee $ 350 Paid). Filed by Respondent City of Huntington Beach.(lwag) |
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