United Poultry Concerns v. Chabad of Irvine et al
| United Poultry Concerns |
| Chabad of Irvine and Alter Tenenbaum |
| Professor Joshua Blackman |
| 8:2016cv01810 |
| September 29, 2016 |
| US District Court for the Central District of California |
| Andre Birotte |
| Gail J. Standish |
| Constitutional - State Statute |
Docket Report
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| Filing 43 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Amended APPLICATION of Non-Resident Attorney Hiram S. Sasser III to Appear Pro Hac Vice on behalf of Defendant Chabad of Irvine (Pro Hac Vice Fee - $325 Previously Paid on 10/12/2016, Receipt No. 25UDLALK) 40 , Amended APPLICATION of Non-Resident Attorney Jeremiah G. Dys to Appear Pro Hac Vice on behalf of Defendant Chabad of Irvine (Pro Hac Vice Fee - $325 Previously Paid on 10/12/2016, Receipt No. 25UDLAGR) 41 by Clerk. Counsel is ordered to file an amended or corrected document immediately. Counsel shall file the Certificate of Good Standing and Proposed Order and also email the Proposed Order, in Word format, to the Chambers email address. (lom) |
| Filing 42 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Amended APPLICATION of Non-Resident Attorney Hiram S. Sasser III to Appear Pro Hac Vice on behalf of Defendant Chabad of Irvine (Pro Hac Vice Fee - $325 Previously Paid on 10/12/2016, Receipt No. 25UDLALK) 40 , Amended APPLICATION of Non-Resident Attorney Jeremiah G. Dys to Appear Pro Hac Vice on behalf of Defendant Chabad of Irvine (Pro Hac Vice Fee - $325 Previously Paid on 10/12/2016, Receipt No. 25UDLAGR) 41 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) |
| Filing 41 Amended APPLICATION of Non-Resident Attorney Jeremiah G. Dys to Appear Pro Hac Vice on behalf of Defendant Chabad of Irvine (Pro Hac Vice Fee - $325 Previously Paid on 10/12/2016, Receipt No. 25UDLAGR) filed by Defendant Chabad of Irvine. (Jones, Michael) |
| Filing 40 Amended APPLICATION of Non-Resident Attorney Hiram S. Sasser III to Appear Pro Hac Vice on behalf of Defendant Chabad of Irvine (Pro Hac Vice Fee - $325 Previously Paid on 10/12/2016, Receipt No. 25UDLALK) filed by Defendant Chabad of Irvine. (Jones, Michael) |
| Filing 39 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Pro Hac Vice Applications filed 10/12/2016 33 , 34 . The document is stricken and counsel is ordered to file an amended or corrected document immediately. (gk) |
| Filing 38 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Pro Hac Vice Applications filed 10/12/2016 31 , 32 . The document is stricken and counsel is ordered to file an amended or corrected document immediately. (gk) |
| Filing 37 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Hiram S. Sasser to Appear Pro Hac Vice on behalf of Defendants Chabad of Irvine, Alter Tenenbaum (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18707123) 34 , APPLICATION of Non-Resident Attorney Jeremiah G. Dys to Appear Pro Hac Vice on behalf of Defendants Chabad of Irvine, Alter Tenenbaum (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18707037) 33 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) |
| Filing 36 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Matthew T. Martens to Appear Pro Hac Vice on behalf of Defendants Chabad of Irvine, Alter Tenenbaum (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18706278) 31 , APPLICATION of Non-Resident Attorney Kevin M. Gallagher to Appear Pro Hac Vice on behalf of Defendants Chabad of Irvine, Alter Tenenbaum (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18706593) 32 . The following error(s) was/were found: Superseded version of Form G-64 used. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) |
| Filing 35 NOTICE of Appearance filed by attorney Stephanie N Phillips on behalf of Defendants Chabad of Irvine, Alter Tenenbaum (Attorney Stephanie N Phillips added to party Chabad of Irvine(pty:dft), Attorney Stephanie N Phillips added to party Alter Tenenbaum(pty:dft))(Phillips, Stephanie) |
| Filing 34 * STRICKEN * APPLICATION of Non-Resident Attorney Hiram S. Sasser to Appear Pro Hac Vice on behalf of Defendants Chabad of Irvine, Alter Tenenbaum (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18707123) filed by Defendant Chabad of Irvine, Alter Tenenbaum. (Attachments: # 1 Proposed Order Proposed Order Granting Pro Hac Vice Application) (Jones, Michael) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 10/14/2016 39 ** Modified on 10/14/2016 (gk). |
| Filing 33 * STRICKEN * APPLICATION of Non-Resident Attorney Jeremiah G. Dys to Appear Pro Hac Vice on behalf of Defendants Chabad of Irvine, Alter Tenenbaum (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18707037) filed by Defendant Chabad of Irvine, Alter Tenenbaum. (Attachments: # 1 Proposed Order Proposed Order Granting Pro Hac Vice Application) (Jones, Michael) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 10/14/2016 39 ** Modified on 10/14/2016 (gk). |
| Filing 32 * STRICKEN * APPLICATION of Non-Resident Attorney Kevin M. Gallagher to Appear Pro Hac Vice on behalf of Defendants Chabad of Irvine, Alter Tenenbaum (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18706593) filed by Defendant Chabad of Irvine, Alter Tenenbaum. (Attachments: # 1 Proposed Order) (Boden, Gregory) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 10/14/2016 38 ** Modified on 10/14/2016 (gk). |
| Filing 31 * STRICKEN * APPLICATION of Non-Resident Attorney Matthew T. Martens to Appear Pro Hac Vice on behalf of Defendants Chabad of Irvine, Alter Tenenbaum (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18706278) filed by Defendant Chabad of Irvine, Alter Tenenbaum. (Attachments: # 1 Proposed Order) (Boden, Gregory) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 10/14/2016 38 ** Modified on 10/14/2016 (gk). |
| Filing 30 NOTICE of Appearance filed by attorney Gregory Peter Boden on behalf of Defendants Chabad of Irvine, Alter Tenenbaum (Attorney Gregory Peter Boden added to party Chabad of Irvine(pty:dft), Attorney Gregory Peter Boden added to party Alter Tenenbaum(pty:dft))(Boden, Gregory) |
| Filing 29 MINUTES OF Telephonic Conference held before Judge Andre Birotte Jr. Re: Defendants' Motion to Dissolve Temporary Restraining Order; Opposition to Plaintiff's Preliminary Injunction Motion; and Motion to Strike the Complaint 23 . The Court hereby dissolves the Temporary Restraining Order. The parties shall meet and confer to set briefing deadlines and a proposed date for the Preliminary Injunction hearing. Motions regarding Amicus Curiae will be heard at the same date. Pro Hac Vice Applications shall be filed by 10/12/2016 at 5:00 PM. The hearing previously set for 10/13/2016 at 10:00 AM is hereby vacated. Court Reporter: Chia Mei Jui. (gk) |
| Filing 28 objection opposition re: NOTICE OF MOTION AND MOTION for Relief from Temporary Restraining Order re Order on Motion to Supplement,,,,,,,,,, Order on Motion for Temporary Restraining Order,,,, 18 23 objection to hearsay evidence filed by Plaintiff United Poultry Concerns. (Pease, Bryan) |
| Filing 27 SUPPLEMENT to First NOTICE OF MOTION AND MOTION to File Amicus Brief 22 filed by Amicus Professor Joshua Blackman. (Kaufman, Aryeh) |
Filing 26
(IN CHAMBERS) ORDER RE TELEPHONIC CONFERENCE by Judge Andre Birotte Jr. In light of Defendants' Motion to Dissolve Temporary Restraining Order; Opposition to Plaintiff's Preliminary Injunction Motion; and Motion to Strike the Complaint (Dkt. No. 23 ), this Court sets a Telephone Conference for today, Tuesday, October 11, 2016 at 3:30 PM before Judge Andre Birotte Jr. The Courtroom Deputy Clerk will email counsel the Dial-in information. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 25 OPPOSITION to NOTICE OF MOTION AND MOTION for Relief from Temporary Restraining Order re Order on Motion to Supplement,,,,,,,,,, Order on Motion for Temporary Restraining Order,,,, 18 23 , First NOTICE OF MOTION AND MOTION to File Amicus Brief 22 filed by Plaintiff United Poultry Concerns. (Pease, Bryan) |
| Filing 24 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION for Relief from Temporary Restraining Order re Order on Motion to Supplement,,,,,,,,,, Order on Motion for Temporary Restraining Order,,,, 18 23 filed by Defendants Chabad of Irvine, Alter Tenenbaum. Motion set for hearing on 10/13/2016 at 10:00 AM before Judge Andre Birotte Jr. (Jones, Michael) |
| Filing 23 NOTICE OF MOTION AND MOTION for Relief from Temporary Restraining Order re Order on Motion to Supplement,,,,,,,,,, Order on Motion for Temporary Restraining Order,,,, 18 filed by Defendants Chabad of Irvine, Alter Tenenbaum. Motion set for hearing on 10/13/2016 at 08:00 AM before Judge Andre Birotte Jr. (Attorney Michael Anthony Jones added to party Chabad of Irvine(pty:dft), Attorney Michael Anthony Jones added to party Alter Tenenbaum(pty:dft)) (Jones, Michael) |
| Filing 22 First NOTICE OF MOTION AND MOTION to File Amicus Brief filed by Amicus Curiae Professor Joshua Blackman. Motion set for hearing on 10/13/2016 at 10:00 AM before Judge Andre Birotte Jr. (Attorney Aryeh L Kaufman added to party Professor Joshua Blackman(pty:am)) (Kaufman, Aryeh) |
| Filing 21 PROOF OF SERVICE filed by Plaintiff United Poultry Concerns, re Order on Motion to Supplement,,,,,,,,,, Order on Motion for Temporary Restraining Order,,,, 18 served on 10/8/16. (Pease, Bryan) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff United Poultry Concerns, upon Defendant Alter Tenenbaum served on 10/8/2016, answer due 10/31/2016. Service of the Summons and Complaint were executed upon Alter Tenenbaum in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pease, Bryan) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff United Poultry Concerns, upon Defendant Chabad of Irvine served on 10/8/2016, answer due 10/31/2016. Service of the Summons and Complaint were executed upon Director in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Pease, Bryan) |
| Filing 18 MINUTES (IN CHAMBERS) Order Granting Ex Parte Application for a Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue by Judge Andre Birotte Jr.: The Court finds that the Plaintiff has satisfied the requirements for a temporary restraining order and therefore GRANTS the application 2 . IT IS HEREBY ORDERED that, pending a hearing for determination of an Order to Show Cause Why a Preliminary Injunction Should Not Issue, Defendant Chabad of Irvine and all of its respective agents, employees, or attorneys, shall be and hereby are RESTRAINED AND ENJOINED from killing chickens or other animals in exchange for a fee or donation in violation of California Penal Code section 597(a) until this matter can be heard on regular notice, except for one of the purposes allowed in California Penal Code section 599c. The Court hereby SETS a hearing on the Order to Show Cause Why a Preliminary Injunction Should Not Issue for 10/13/2016, at 10:00 AM. The Defendant's opposition/reply is due no later than 10/11/2016 at 8:00 AM. See document for further details. Court Reporter: N/A. (gk) |
| Filing 17 RESPONSE filed by Plaintiff United Poultry Concernsto Order to Show Cause,,, 16 (Attachments: # 1 Declaration Ronnie Steinau, # 2 Declaration Proof of Service)(Pease, Bryan) |
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Filing 16
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE REGARDING DISMISSAL FOR LACK OF STANDING by Judge Andre Birotte Jr. Plaintiff(s) are ORDERED to show cause why this case should not be dismissed, for lack of statutory standing under California's Unfair Competition Law ("UCL"), Business and Professions Code section 17200. The Court, on its own motion, orders plaintiff(s) to show cause, in writing, why this action should not be dismissed for lack of standing by 8:00 a.m. on October 7, 2016. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of plaintiff's response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. (iv)
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| Filing 15 21-Day Summons Issued re Complaint 1 as to Defendant Alter Tenenbaum. (gk) |
| Filing 14 21-Day Summons Issued re Complaint 1 as to Defendant Chabad of Irvine. (gk) |
| Filing 13 DECLARATION of Bryan Pease in support of EX PARTE APPLICATION for Temporary Restraining Order as to violation of CPC 597(a) 2 in response to Court's minute order filed by Plaintiff United Poultry Concerns. (Attachments: # 1 Supplement Proof of Service)(Pease, Bryan) |
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Filing 12
MINUTES (IN CHAMBERS) ORDER TO FILE PROOF OF SERVICE AND DECLARATION RE: EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER by Judge Andre Birotte Jr.: Pending before the Court is Plaintiff United Poultry Concerns Ex Parte Application for Temporary Restraining Order ("TRO") 2 . Plaintiff's service of its Ex Parte Application does not conform to Rule 5 of the Federal Rules of Civil Procedure, nor does it conform to Local Rule 5-3.1. To cure the deficiencies and renew the instant Ex Parte Application, the Court ORDERS Plaintiff to file both a Proof of Service and written proof of Defendant's consent to electronic service. These submissions are due to be filed at or before 9:00 AM on 10/3/2016. Court Reporter: N/A. (gk)
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| Filing 11 EX PARTE APPLICATION to Supplement Original Pease Declaration re EX PARTE APPLICATION for Temporary Restraining Order as to violation of CPC 597(a) 2 filed by Plaintiff United Poultry Concerns. (Pease, Bryan) |
| Filing 10 Supplemental EX PARTE APPLICATION to Supplement Declaration of Bryan Pease re EX PARTE APPLICATION for Temporary Restraining Order as to violation of CPC 597(a) 2 filed by Plaintiff United Poultry Concerns. (Pease, Bryan) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT of interested parties filed by Plaintiff United Poultry Concerns identifying United Poultry Concerns as Corporate Parent. (Pease, Bryan) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff United Poultry Concerns. (Pease, Bryan) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff United Poultry Concerns. (Pease, Bryan) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) 1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Other error(s) with document(s): The Civil Cover Sheet and Summons attached to the Complaint. It should have been filed and entered separately under its proper event. No further action is required. (et) |
| Filing 5 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint (Attorney Civil Case Opening) 1 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Gail J. Standish. (et) |
| Filing 2 EX PARTE APPLICATION for Temporary Restraining Order as to violation of CPC 597(a) filed by Plaintiff United Poultry Concerns. (Attachments: # 1 Declaration Thomas Kelch, # 2 Declaration Ed Boks, # 3 Declaration Armaiti May, DVM, # 4 Declaration Cheryl Bernstein, # 5 Declaration Holly Cheever, DVM, # 6 Declaration Karen Davis, Ph.D., # 7 Declaration Debra Voulgaris, DVM, # 8 Declaration Robyn Hicks, # 9 Declaration Jill Mulato, # 10 Proposed Order) (Pease, Bryan) |
| Filing 1 COMPLAINT Receipt No: 0973-18636594 - Fee: $400, filed by Plaintiff United Poultry Concerns. (Attachments: # 1 Appendix Summons, # 2 Civil Cover Sheet) (Attorney Bryan W Pease added to party United Poultry Concerns(pty:pla))(Pease, Bryan) |
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