Aaron Kheriaty v. The Regents of the University of California et al
| AARON KHERIATY, M.D. and Aaron Kheriaty |
| THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a corporation, MICHAEL V. DRAKE, in his official capacity as President of the UNIVERSITY OF CALIFORNIA, The Regents of The University of California and Michael V. Drake |
| 8:2021cv01367 |
| August 18, 2021 |
| U.S. District Court for the Central District of California |
| Karen E Scott |
| James V Selna |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 5, 2021. A more recent docket listing may be available from PACER.
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Filing 44
MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss by Judge James V. Selna: Plaintiff Aaron Kheriaty, M.D., ("Kheriaty") filed a complaint seeking declaratory and injunctive relief based on the alleged unconstitutionality of the University of California's COVID-19 vaccine policy. Compl., Dkt. No. #1 . Defendant Regents of the University of California ("The Regents") filed a motion to dismiss the complaint. Mot. Dkt. No. #32 . The Regents argue that the claims against it are barred by the Eleventh Amendment. Mot. at 2-3. Kheriaty subsequently filed a voluntary dismissal of The Regents as a defendant. Dkt. No. #40 . Accordingly, the Court DENIES the motion as moot and VACATES the October18, 2021 hearing. (es)
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Filing 43
Text Only Order GRANTING REQUEST to Vacate Defendant the Regents of the University of California's Request to Vacate the Hearing on Its Motion to Dismiss #42 by Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
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| Filing 42 REQUEST to Vacate Defendant the Regents of the University of California's Request to Vacate the Hearing on Its Motion to Dismiss filed by Defendant The Regents of The University of California. (Kuwahara, Emily) |
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Filing 41
*AMENDED 10/5/21 #39 ** MINUTE ORDER [IN CHAMBERS] Order Regarding Motion for Preliminary Injunction by Judge James V. Selna: Plaintiff Aaron Kheriaty, M.D., ("Kheriaty") filed a motion for a preliminary injunction. Mot., Dkt. No. #15 . Defendant Regents of the University of California ("The Regents") filed a response. Opp'n, Dkt. No. #22 . Kheriaty filed a reply. Reply, Dkt. No. #31 . For the following reasons, the Court DENIES the motion. [See document for details.] (es)
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| Filing 40 NOTICE OF DISMISSAL filed by Plaintiff Aaron Kheriaty pursuant to FRCP 41a(1) as to The Regents of The University of California. (Brehm, Elizabeth) |
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Filing 39
MINUTES [IN CHAMBERS] Order Regarding Motion for Default Judgment and Permanent Injunction by Judge James V. Selna: Plaintiff Aaron Kheriaty, M.D., ("Kheriaty") filed a motion for a preliminary injunction. Mot., Dkt. No. #15 . Defendant Regents of the University of California ("The Regents") filed a response. Opp'n, Dkt. No. #22 . Kheriaty filed a reply. Reply, Dkt. No. #31 . For the following reasons, the Court DENIES the motion. [See document for additional information.] (es)
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| Filing 38 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation to Dismiss Defendant #36 by Judge James V. Selna. The document is stricken and counsel is ordered to file an amended or corrected document by 10/4/2021. (es) |
| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Dismiss Party #36 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Incorrect document is attached to the docket entry. Incorrect event selected. Correct event to be used is: Other Filings: Stipulation - Dismiss Case. Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) |
| Filing 36 [STRICKEN BY ORDER OF THE COURT SEE DKT. #38 ] STIPULATION to Dismiss Defendant The Regents of The University of California filed by Plaintiff Aaron Kheriaty.(Brehm, Elizabeth) Modified on 9/28/2021 (es). |
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Filing 35
ORDER by Judge James V. Selna: Granting #20 Non-Resident Attorney Aaron Siri APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff(s) Aaron Kheriaty, M.D., designating Caroline Tucker as local counsel. (es)
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| Filing 34 ANSWER to Complaint (Attorney Civil Case Opening) #1 / Answer of Defendant Michael V. Drake, M.D. to Plaintiff's Verified Complaint for Declaratory and Injunctive Relief filed by Defendant Michael V. Drake.(Kuwahara, Emily) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #32 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) |
| Filing 32 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant The Regents of The University of California. Motion set for hearing on 10/18/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Proposed Order) (Kuwahara, Emily) |
| Filing 31 REPLY In support NOTICE OF MOTION AND MOTION for Preliminary Injunction #15 filed by Plaintiff Aaron Kheriaty. (Attachments: #1 Declaration of Plaintiff Kheriaty in Suppof His Reply to Defendant's Opposition to His Preliminary Injunction, #2 Declaration of UC Faculty in Support of Plaintiff's Reply to Defendant's Opposition to His Preliminary Injunction, #3 Declaration of Peter McCullough, M.D. In Support of Plaintiff's Reply to Defendant's Opposition to Plaintiff's Preliminary Injunction, #4 Declaration of Harvey Risch, M.D in Support of Plaintiff's Reply to Defendant's Opposition to Plaintiff's Preliminary Injunction)(Brehm, Elizabeth) |
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Filing 30
DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying #25 MOTION FOR EXTENSION OF TIME TO FILE PLAINTIFF'S REPLY IN SUPPORT OF HIS MOTION FOR PRELIMINARY INJUNCTION. (es)
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| Filing 29 NOTICE of Appearance filed by attorney Emily T Kuwahara on behalf of Defendants Michael V. Drake, The Regents of The University of California (Kuwahara, Emily) |
| Filing 28 NOTICE of Appearance filed by attorney Emily T Kuwahara on behalf of Defendants Michael V. Drake, The Regents of The University of California (Kuwahara, Emily) |
| Filing 27 OPPOSITION to First NOTICE OF MOTION AND MOTION for Extension of Time to File Plaintiff's Reply In Support of His Motion For Preliminary Injunction #25 filed by Defendants Michael V. Drake, The Regents of The University of California. (Attachments: #1 Declaration of Kristin J. Madigan, #2 Proposed Order)(Kuwahara, Emily) |
| Filing 26 Notice of Withdrawal of MEMORANDUM in Opposition to Motion,, #21 filed by Defendants Michael V. Drake, The Regents of The University of California. (Kuwahara, Emily) |
| Filing 25 First NOTICE OF MOTION AND MOTION for Extension of Time to File Plaintiff's Reply In Support of His Motion For Preliminary Injunction filed by Plaintiff Aaron Kheriaty. Motion set for hearing on 9/27/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Proposed Order Granting Extension of Time to File Plaintiff's Reply In Support of His Motion For Preliminary Injunction) (Brehm, Elizabeth) |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amendment (Motion related), #23 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests.. Application.. Appear Pro Hac Vice.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lt) |
| Filing 23 Amendment to APPLICATION of Non-Resident Attorney Aaron Siri to Appear Pro Hac Vice on behalf of Plaintiff Aaron Kheriaty (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31874611) #20 filed by Plaintiff Aaron Kheriaty. (Tucker, Caroline) |
| Filing 22 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction #15 filed by Defendants Michael V. Drake, The Regents of The University of California. (Attachments: #1 Defendants' Objection to Plaintiff's Declarations, #2 Proposed Order, #3 Declaration of Shane Crotty, Ph.D., #4 Declaration of Arthur L. Reingold, M.D., #5 Declaration of Carrie L. Byington, M.D., #6 Declaration of Bernadette M. Boden-Albala, M.P.H., Dr.PH., #7 Declaration of Annabelle de St. Maurice, M.D., M.P.H., #8 Declaration of President Michael V. Drake, M.D., #9 Declaration of Emily T. Kuwahara)(Attorney Emily T Kuwahara added to party Michael V. Drake(pty:dft))(Kuwahara, Emily) |
| Filing 21 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction #15 filed by Defendant The Regents of The University of California. (Attachments: #1 Defendants' Objections to Plaintiff's Declarations, #2 Proposed Order, #3 Declaration of Shane Crotty, Ph.D., #4 Declaration of Arthur L. Reingold, M.D., #5 Declaration of Carrie L. Byington, M.D., #6 Declaration of Bernadette M. Boden-Albala, M.P.H., Dr.Ph., #7 Declaration Annabelle De St. Maurice, M.D., M.P.H., #8 Declaration President Michael V. Drake, M.D., #9 Declaration Emily T. Kuwahara)(Attorney Emily T Kuwahara added to party The Regents of The University of California(pty:dft))(Kuwahara, Emily) |
| Filing 20 APPLICATION of Non-Resident Attorney Aaron Siri to Appear Pro Hac Vice on behalf of Plaintiff Aaron Kheriaty (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31874611) filed by Plaintiff Aaron Kheriaty. (Attachments: #1 Declaration, #2 Proposed Order) (Tucker, Caroline) |
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Filing 19
ORDER by Judge James V. Selna: Granting #17 Non-Resident Attorney Christopher Wiest APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Aaron Kheriaty, M.D., designating Caroline Tucker as local counsel. (es)
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Filing 18
ORDER by Judge James V. Selna: Granting #16 Non-Resident Attorney Elizabeth A. Brehm APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Aaron Kheriaty, M.D., designating Caroline Tucker as local counsel. (es)
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| Filing 17 APPLICATION of Non-Resident Attorney Christopher Wiest to Appear Pro Hac Vice on behalf of Plaintiff Aaron Kheriaty (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31867476) filed by Plaintiff Aaron Kheriaty. (Attachments: #1 Proposed Order) (Tucker, Caroline) |
| Filing 16 APPLICATION of Non-Resident Attorney Elizabeth A. Brehm to Appear Pro Hac Vice on behalf of Plaintiff Aaron Kheriaty (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31863627) filed by Plaintiff Aaron Kheriaty. (Attachments: #1 Proposed Order) (Tucker, Caroline) |
| Filing 15 NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by Plaintiff Aaron Kheriaty. Motion set for hearing on 9/27/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Declaration, #5 Proposed Order) (Tucker, Caroline) |
| Filing 14 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 13 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Elizabeth A Brehm. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Chris Wiest. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Aaron Siri. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Michael V. Drake. (car) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant The Regents of The University of California. (car) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (car) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff AARON KHERIATY, M.D.. (Tucker, Caroline) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff AARON KHERIATY, M.D.. (Tucker, Caroline) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff AARON KHERIATY, M.D., (Tucker, Caroline) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff AARON KHERIATY, M.D.. (Tucker, Caroline) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31833854 - Fee: $402, filed by Plaintiff AARON KHERIATY, M.D.. (Attorney Caroline V Tucker added to party AARON KHERIATY, M.D.(pty:pla))(Tucker, Caroline) |
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