Friends of Newport Harbor v. City of Newport Beach et al
| Friends of Newport Harbor |
| City of Newport Beach, Newport Beach City Council, Does 1-10, US Army Corps of Engineers and Roes |
| 8:2023cv01701 |
| September 11, 2023 |
| US District Court for the Central District of California |
| David O Carter |
| John D Early |
| Douglas F McCormick |
| James V Selna |
| Environmental Matters |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on October 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 TRANSMITTAL of documents to Orange County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Orange County Superior Court. (twdb) |
| Filing 26 MINUTES (IN CHAMBERS) by Judge David O. Carter: Granting #10 Defendant's MOTION to Dismiss Under Federal Rule of Procedure 12(B)(1). For the foregoing reasons, the Court GRANTS the Motion to Dismiss the Corps as a party to the case and REMANDS the case to Orange County Superior Court. SEE DOCUMENT FOR FURTHER INFORMATION. ( MD JS-6. Case Terminated ) (twdb) |
| Filing 25 Notice Joint Rule 26(f) Report filed by Defendants City of Newport Beach, Newport Beach City Council. (Diveley, Shaye) |
| Filing 24 SCHEDULING NOTICE by Judge David O. Carter: The Scheduling Conference set for 10/27/2023 is hereby VACATED and taken off calendar pending the Court's ruling on Motion to Dismiss #10 . The Scheduling Conference will be reset for a future date to be determined by the Court. No appearances are required for October 27, 2023. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY |
| Filing 23 SCHEDULING NOTICE by Judge David O. Carter. The Court finds the MOTION to Dismiss Case #10 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, arguments set for 10/27/2023 will not be heard and the motion is taken under submission. The parties are ordered to appear 10/27/2023 at 8:00 AM for the Scheduling Conference and shall file their Rule 26(f) report with the Court no later than 10/26/2023 at 4:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Kiana Amiri-Davani counsel for Defendants City of Newport Beach, Newport Beach City Council. Adding Kiana Amiri-Davani as counsel of record for City of Newport Beach; Newport Beach City Council for the reason indicated in the G-123 Notice. Filed by Defendants City of Newport Beach, Newport Beach City Council. (Attorney Kiana Amiri-Davani added to party City of Newport Beach(pty:dft), Attorney Kiana Amiri-Davani added to party Newport Beach City Council(pty:dft))(Amiri-Davani, Kiana) |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Shaye Diveley counsel for Defendants City of Newport Beach, Newport Beach City Council. Adding Shaye Diveley as counsel of record for City of Newport Beach; Newport Beach City Council for the reason indicated in the G-123 Notice. Filed by Defendants City of Newport Beach, Newport Beach City Council. (Attorney Shaye Diveley added to party City of Newport Beach(pty:dft), Attorney Shaye Diveley added to party Newport Beach City Council(pty:dft))(Diveley, Shaye) |
| Filing 20 SCHEDULING NOTICE by Judge David O. Carter re: MOTION to Dismiss Case ; Memorandum of Points and Authorities #10 Motion hearing and Scheduling Conference set for 10/30/2023 is ADVANCED to 10/27/2023 at 08:00 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY |
| Filing 19 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities #10 filed by Real Party In Interest Defendant US Army Corps of Engineers. (Shin, Soo-Young) |
| Filing 18 DECLARATION of Mitchell Tsai in support of Plaintiff's Opposition NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities #10 filed by Plaintiff Friends of Newport Harbor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nimmer, Talia) |
| Filing 17 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities #10 filed by Plaintiff Friends of Newport Harbor. (Nimmer, Talia) |
Filing 16
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 10/30/2023 at 08:30 AM before Judge David O. Carter. (See attached Order for complete details.) (kdu)
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Filing 15
ORDER by Judge David O. Carter, Granting Stipulation to Continue #14 . ( Motion hearing continued to 10/30/2023 at 08:30 AM before Judge David O. Carter.) Plaintiff's opposition papers due no later than 21 days prior to the hearing date; and The Corp's reply papers will be due no later than 14 days prior to the hearing date. (twdb)
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| Filing 14 First STIPULATION to Continue Motion to Dismiss from October 16, 2023 to October 30, 2023 or Thereafter Re: NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities #10 filed by plaintiff Friends of Newport Harbor. (Attachments: #1 Proposed Order)(Nimmer, Talia) |
| Filing 13 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kdu) |
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Filing 12
ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 8:23-cv-00610 DOC(JDEx). Case transferred from Magistrate Judge Douglas F. McCormick and Judge James V. Selna to Judge David O. Carter and Magistrate Judge John D. Early for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:23-cv-01701 DOC(JDEx). Signed by Judge David O. Carter (rn)
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| Filing 11 PROOF OF SERVICE filed by Real Party Defendant in Interest US Army Corps of Engineers, re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #7 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Notice of Related Case(s) #9 , Notice of Removal (Attorney Civil Case Opening), #1 served on 9/19/2023. (Shin, Soo-Young) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities filed by Real Party Defendant in Interest US Army Corps of Engineers. Motion set for hearing on 10/16/2023 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Proposed Order, #2 Proof of Service) (Shin, Soo-Young) |
| Filing 9 NOTICE of Related Case(s) filed by Real Party Defendant in Interest US Army Corps of Engineers. Related Case(s): 8:23-cv-00610 (Shin, Soo-Young) |
| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Miscellaneous Document #3 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected. Correct event to be used is Service of Subsequent Document Filing. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Douglas F. McCormick. (ghap) |
| Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge James V. Selna for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Douglas F. McCormick. New Case Number 8:23-cv-1701 JVS(DFMx). (ghap) |
| COMPLAINT against Defendants City of Newport Beach, Does 1-10, Newport Beach City Council, Roes 1-10, US Army Corps of Engineers., filed by plaintiff Friends of Newport Harbor. (FILED IN STATE COURT ON 8/2/2023 SUBMITTED ATTACHED EXHIBIT 1, page 0001) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Friends of Newport Harbor, upon Defendant Newport Beach City Council served on 8/11/2023, answer due 9/1/2023. Service of the Summons and Complaint were executed upon Jennifer Muivey-Assistant to City Clerk in compliance with California Code of Civil Procedure by personal service. (FILED IN STATE COURT ON 8/16/2023 SUBMITTED ATTACHED EXHIBIT 1, page 0076) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Friends of Newport Harbor, upon Defendant City of Newport Beach served on 8/11/2023, answer due 9/1/2023. Service of the Summons and Complaint were executed upon Jennifer Muivey-Assistant to City Clerk in compliance with California Code of Civil Procedure by personal service. (FILED IN STATE COURT ON 8/16/2023 SUBMITTED ATTACHED EXHIBIT 1, page 0078) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Friends of Newport Harbor, upon Defendant US Army Corps of Engineers served on 8/14/2023, answer due 9/5/2023. Service of the Summons and Complaint were executed upon Delivered, Front Desk/Reception/Mail Room, Los Angeles, CA 90012, 8/14/2023, 1:23pm in compliance with statute not specified by method of service not specified. (FILED IN STATE COURT ON 8/16/2023 SUBMITTED ATTACHED EXHIBIT 1, page 0080) (ghap) |
| Filing 3 PROOF OF SERVICE re: Notice of Removal (Attorney Civil Case Opening), #1 (Shin, Soo-Young) |
| Filing 2 CIVIL COVER SHEET filed by Real Party In Interest Defendant US Army Corps of Engineers, a federal agency, and ROES 1-10. (Shin, Soo-Young) |
| Filing 1 NOTICE OF REMOVAL from Superior Court County of Orange, case number 30-2023-01340626 No Fee Required - US Government, filed by Defendant US Army Corps of Engineers, a federal agency, and ROES 1-10. (Attachments: #1 Exhibit 1 State Court Complaint) (Attorney Soo-Young Shin added to party US Army Corps of Engineers, a federal agency, and ROES 1-10(pty:rpid))(Shin, Soo-Young) |
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