D'Lil v. Riverboat Delta King, Inc. et al
Plaintiff: Hollynn D'Lil
Defendant: Riverboat Delta King, Inc., City of Sacramento and Old Sacramento Business Association, Inc.
Case Number: 2:2011cv02230
Filed: August 23, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Referring Judge: William B Shubb
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101 Americans with Disabilities Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 24, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2016 Opinion or Order Filing 209 ORDER of USCA as to #203 Notice of Appeal filed by Hollynn D'Lil. Appellants motion to dismiss this appeal is GRANTED. (Butolph, J)
December 1, 2015 Filing 208 TRANSCRIPT of Proceedings held on 8/25/15, before Senior Judge William B. Shubb, filed by Court Reporter Kimberly Bennett, Phone number 916-442-8420 E-mail reporter.bennett@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 12/24/2015. Redacted Transcript Deadline set for 1/4/2016. Release of Transcript Restriction set for 2/29/2016. (Bennett, K)
October 27, 2015 Filing 207 USCA CASE NUMBER 15-16931 for #203 Notice of Appeal filed by Hollynn D'Lil. (Zignago, K.)
October 17, 2015 Filing 206 AMENDED #205 TRANSCRIPT REQUEST by Hollynn D'Lil for Motion Hearing held on 8/25/15 before Judge William S. Shubb. Court Reporter - Kimberly Bennett. (Thimesch, Timothy) Modified on 10/21/2015 (Marciel, M)
October 16, 2015 Filing 205 TRANSCRIPT REQUEST by Hollynn D'Lil for proceedings held on 8/25/15 before Judge Hon. William B. Shubb. Court Reporter Kimberly Bennett. (Thimesch, Timothy)
September 28, 2015 Filing 204 APPEAL PROCESSED to Ninth Circuit re #203 Notice of Appeal filed by Hollynn D'Lil. Notice of Appeal filed *9/27/2015*, Complaint filed *8/23/2011* and Appealed Order / Judgment filed *8/28/2015*. ** *Fee Status: Paid on 9/27/2015 in the amount of $505.00* (Attachments: #1 Appeal Information) (Meuleman, A)
September 27, 2015 Filing 203 NOTICE of APPEAL by Hollynn D'Lil as to #202 Order. (Filing fee $ 505, receipt number 0972-6097777) (Thimesch, Timothy) Modified on 9/28/2015 (Meuleman, A).
August 28, 2015 Opinion or Order Filing 202 MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 8/28/2015 re #170 Plaintiff's Motion for Award of Attorney Fees, Litigation Expenses, and Costs : Plaintiff's Motion for Attorneys Fees be, and the same hereby is, GRANTED in part. Defendant is directed to pay $349,835.40 in attorneys fees, litigation expenses, and costs to Mr. Thimesch. (Kirksey Smith, K)
August 25, 2015 Filing 201 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 8/25/2015 re #170 Plaintiff's Motion for Award of Attorney Fees, Litigation Expenses, and Costs. Court confers with counsel. Counsel argue. MOTION SUBMITTED. Court shall prepare and issue a final order. Plaintiffs Counsel Timothy Thimesch present. Defendants Counsel Charles Post, Scott Plamondon present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K)
August 24, 2015 Filing 200 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: Status Conference Re #170 Plaintiff's Motion for an Award of Interim Reasonable Statutory Attorney Fees, Litigation Expenses and Costs held on 8/24/2015. Court confers with defense counsel re whereabouts of plaintiff's counsel. Courtroom Deputy informs the Court that Mr. Thimesch informed her (via telephone) that he thought the hearing was set for Tuesday, 8/25/2015. Court orders MOTION HEARING reset for 8/25/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiffs Counsel Not present. Defendants Counsel Charles Post, Scott Plamodon present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K)
August 7, 2015 Opinion or Order Filing 199 REQUEST AND ORDER for a 24-hour Extension to complete Plaintiff's Reply papers signed by Senior Judge William B. Shubb on 8/6/15. (Mena-Sanchez, L)
August 6, 2015 Filing 198 CORRECTED Filing of the EXHIBITS to Respond to Deficiency Notice (Identical except for cover page, and correction of stamp numbering on internal Exh 422) re #170 Motion for Award of Attorney Fees, Litigation Expenses, and Costs filed by Hollynn D'Lil. (Attachments: #1 Exhibit 13, 121, 133, 209, #2 Exhibit 315, 323 (courtesy blowup to be supplied with chambers copies), 407, 408, #3 Exhibit 409, Part 1, #4 Exhibit 409, Part 2, #5 Exhibit 409, Part 3, #6 Exhibit 410 thru 412, #7 Exhibit 413, #8 Exhibit 414, Part 1, #9 Exhibit 414, Part 2, #10 Exhibit 415, #11 Exhibit 416, #12 Exhibit 417-425, #13 Exhibit 327)(Thimesch, Timothy) Modified on 8/7/2015 (Mena-Sanchez, L).
August 5, 2015 Filing 197 CORRECTED REPLY BRIEF by Hollynn D'Lil in SUPPORT of #170 Motion for Award of Attorney Fees. (Attachments: #1 Declaration [Corrected] for Timothy Thimesch)(Thimesch, Timothy) Modified on 8/6/2015 (Mena-Sanchez, L).
August 5, 2015 Filing 196 EXHIBIT 409, Part 3 re #170 Motion for Award of Attorney Fees, Litigation Expenses, and Costs filed by Hollynn D'Lil. (Attachments: #1 Exhibit 410 thru 412, #2 Exhibit 413, #3 Exhibit 414, Part 1, #4 Exhibit 414, Part 2, #5 Exhibit 415, #6 Exhibit 416, #7 Exhibit 417 thru 425)(Thimesch, Timothy)
August 5, 2015 Filing 195 EXHIBIT 409, Part 2 re #170 Motion for Award of Attorney Fees, Litigation Expenses, and Costs filed by Hollynn D'Lil. (Thimesch, Timothy)
August 5, 2015 Filing 194 EXHIBIT 409, part 1 re #170 Motion for Award of Attorney Fees, Litigation Expenses, and Costs filed by Hollynn D'Lil. (Thimesch, Timothy)
August 5, 2015 Filing 193 EXHIBIT 315, 323, 407 and 408 re #170 Motion for Award of Attorney Fees, Litigation Expenses, and Costs filed by Hollynn D'Lil. (Thimesch, Timothy)
August 5, 2015 Filing 192 EXHIBIT Nos 13, 131, 133, and 209 re #170 Motion for Award of Attorney Fees, Litigation Expenses, and Costs filed by Hollynn D'Lil. (Thimesch, Timothy)
August 4, 2015 Filing 191 REPLY BRIEF by Hollynn D'Lil re #170 Motion for Award of Attorney Fees, Litigation Expenses, and Costs. (Attachments: #1 Declaration Timothy S. Thimesch)(Thimesch, Timothy) Modified on 8/5/2015 (Mena-Sanchez, L).
August 4, 2015 Filing 190 APPLICATION for 24-Hour Extension to File Plaintiff's Reply Papers Re Motion for Attorney's Fees, Expenses and Costs; Proposed Order by Hollynn D'Lil re 187 Minute Order. (Thimesch, Timothy) Modified on 8/5/2015 (Mena-Sanchez, L).
July 27, 2015 Filing 189 DECLARATION of Charles Coyne in OPPOSITION TO #170 Motion for Award of Attorney Fees, Litigation Expenses, and Costs. (Attachments: #1 Exhibit A-B, #2 Exhibit C (Part 1 of 6), #3 Exhibit C (Part 2 of 6), #4 Exhibit C (Part 3 of 6), #5 Exhibit C (Part 4 of 6), #6 Exhibit C (Part 5 of 6), #7 Exhibit C (Part 6 of 6), #8 Exhibit D)(Post, Charles) Modified on 7/28/2015 (Reader, L).
July 27, 2015 Filing 188 OPPOSITION by Riverboat Delta King, Inc. to #170 Motion for Award of Attorney Fees, Litigation Expenses, and Costs. (Attachments: #1 Objections to Declaration of Tim Thimesch, #2 Declaration of Laurence Berman, #3 Declaration of Michael Coyne, #4 Declaration of Charles Post, #5 Exhibit A-E, #6 Exhibit F-O)(Post, Charles) Modified on 7/28/2015 (Reader, L).
July 13, 2015 Filing 187 MINUTE ORDER (TEXT ONLY): Due to an incorrect motion date, the parties are hereby notified that the hearing on #170 Plaintiff's Motion for an Award of Interim Reasonable Statutory Attorney Fees, Litigation Expenses and Costs is reset from 8/18/2015 to 8/24/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The briefing schedule contained in the #186 Stipulation filed 7/7/2015 shall remain. (Kirksey Smith, K)
July 7, 2015 Opinion or Order Filing 186 STIPULATION and ORDER #185 for extension of time signed by Senior Judge William B. Shubb on 7/6/2015. Defendant Delta King's deadline to file its Opposition to plaintiff's #170 Motion for Attorney Fees is EXTENDED to 7/27/2015. Plaintiff's Reply deadline would be due on 8/3/2015 and hearing matter on 8/18/2015. (Marciel, M)
July 6, 2015 Filing 185 STIPULATION and PROPOSED ORDER by defendant Riverboat Delta King, Inc. for extension of time to file Opposition to plaintiff's #170 Motion for Award of Attorney Fees, Litigation Expenses, and Costs. (Post, Charles) Modified on 7/7/2015 (Marciel, M)
June 16, 2015 Filing 184 TRANSCRIPT REQUEST by Riverboat Delta King, Inc. for proceedings held on 1/22/15 before Judge William B. Shubb. Court Reporter Cathie Bodene. (Post, Charles)
June 8, 2015 Filing 183 NOTICE to RESCHEDULE HEARING on #170 MOTION for ATTORNEY FEES : Motion Hearing set for 7/27/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Thimesch, Timothy)
June 8, 2015 Filing 182 NOTICE to RESCHEDULE HEARING on #170 Motion Hearing set for 7/27/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Thimesch, Timothy) Modified on 6/8/2015 (Kirksey Smith, K).
June 8, 2015 Filing 181 DECLARATION of Timothy S. Thimesch [Corrected] in SUPPORT OF #170 MOTION for ATTORNEY FEES . (Thimesch, Timothy)
June 8, 2015 Filing 180 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the #170 Plaintiff's Motion for an Award of Interim Reasonable Statutory Attorney Fees, Litigation Expenses and Costs is improperly noticed on an unavailable motion date. The motion shall be heard on 7/27/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Counsel for plaintiff is instructed to immediately file and serve an amended notice of motion setting forth the above-referenced date and time, or the motion shall be stricken. The parties are further instructed to review Judge Shubb's calendaring information on the court's website for available hearing dates prior to filing any motions. (Kirksey Smith, K)
June 8, 2015 Filing 179 MEMORANDUM by Hollynn D'Lil in SUPPORT of #170 MOTION for ATTORNEY FEES . (Thimesch, Timothy)
June 6, 2015 Filing 178 EXHIBIT No. 325, Pages 1 thru 75 re #170 MOTION for ATTORNEY FEES filed by Hollynn D'Lil. (Attachments: #1 Exhibit No. 325, Pages 76 thru 125, #2 Exhibit No. 325, Pages 126 thru 150, #3 Exhibit No. 325, Pages 151 thru 225, #4 Exhibit No.325, Pages 226 thru 300, #5 Exhibit No. 325, Pages 301 thru 375, #6 Exhibit No. 325, Pages 376 thru 473)(Thimesch, Timothy)
June 6, 2015 Filing 177 EXHIBIT Nos. 400, 402-405 re #170 MOTION for ATTORNEY FEES filed by Hollynn D'Lil. (Thimesch, Timothy)
June 6, 2015 Filing 176 EXHIBIT Nos. 359-399 by Hollynn D'Lil re #170 MOTION for ATTORNEY FEES . (Thimesch, Timothy)
June 6, 2015 Filing 175 EXHIBIT Nos. 270, 272, 276, 305, and 326 thru 358 re #170 MOTION for ATTORNEY FEES filed by Hollynn D'Lil. (Thimesch, Timothy)
June 6, 2015 Filing 174 EXHIBITS Nos. 404, 26, 87, 89, 120, 156-164,199, 215, 225-230, 234-237 and 238 re #170 MOTION for ATTORNEY FEES filed by Hollynn D'Lil. (Attachments: #1 Various Exhibit Between #26 and #324)(Thimesch, Timothy) Modified on 6/8/2015 (Kaminski, H).
June 5, 2015 Filing 173 DECLARATION of Michelle L. Thimech in SUPPORT OF #170 MOTION for ATTORNEY FEES . (Thimesch, Timothy)
June 5, 2015 Filing 172 DECLARATION of Barry N. Atwood in SUPPORT OF #170 MOTION for ATTORNEY FEES . (Thimesch, Timothy)
June 5, 2015 Filing 171 DECLARATION of Karl Danz in SUPPORT OF #170 MOTION for ATTORNEY FEES . (Thimesch, Timothy)
June 5, 2015 Filing 170 MOTION for AWARD of ATTORNEY FEES, LITIGATION EXPENSES, and COSTS by Hollynn D'Lil. Motion Hearing set for 7/20/2015 at 2:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum, #2 Declaration of Timothy S. Thimesch) (Thimesch, Timothy) Modified on 7/7/2015 (Marciel, M)
May 15, 2015 Opinion or Order Filing 169 STIPULATION and ORDER TO RESET MOTION DEADLINES #168 signed by Senior Judge William B. Shubb on 5/15/2015: the present deadline to move for attorney's fees is extended to 6/5/2015. The moving party agrees not to set the hearing before 7/15/2015. Reply papers will be filed as normally provided under local rules. (Kirksey Smith, K)
May 14, 2015 Filing 168 STIPULATION and PROPOSED ORDER for Extending the Deadlines for Moving for and Opposing a Request for an Award of Reasonable Statutory Attorney's Fee, Litigation Expenses and Costs re #159 Order by Hollynn D'Lil. (Thimesch, Timothy)
April 20, 2015 Filing 167 TRANSCRIPT of Proceedings held on 9-22-14, before Senior Judge William B. Shubb, filed by Court Reporter Michelle Babbitt, E-mail mbabbitt@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Reporter Babbitt or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/11/2015. Redacted Transcript Deadline set for 5/21/2015. Release of Transcript Restriction set for 7/20/2015. (Babbitt, M)
March 24, 2015 Filing 166 TRANSCRIPT REQUEST by Hollynn D'Lil for proceedings held on 9/22/2014 before Judge William B. Shubb. Court Reporter Michelle Babbitt. (Thimesch, Timothy)
March 3, 2015 Filing 165 TRANSCRIPT of Proceedings, Further Pretrial Conference, held on January 7, 2015, before Senior Judge William B. Shubb, filed by Court Reporter Diane Shepard, Phone number 916-554-7460 E-mail diane.shepard@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/26/2015. Redacted Transcript Deadline set for 4/3/2015. Release of Transcript Restriction set for 6/1/2015. (Shepard, D)
March 2, 2015 Filing 164 TRANSCRIPT of Pretrial Conference Proceedings held on 12/08/2014, before Senior Judge William B. Shubb. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/23/2015. Redacted Transcript Deadline set for 4/2/2015. Release of Transcript Restriction set for 6/1/2015 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J)
February 17, 2015 Filing 163 TRANSCRIPT of Further Pretrial Conference held on 12/22/14, before Senior Judge William B. Shubb, filed by Court Reporter Kelly OHalloran, Phone number 916-448-2712 E-mail kohalloran@comcast.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may also be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/12/2015. Redacted Transcript Deadline set for 3/20/2015. Release of Transcript Restriction set for 5/18/2015. (O'Halloran, K)
February 4, 2015 Filing 162 TRANSCRIPT REQUEST by Hollynn D'Lil for Final Pretrial Conferences held on 12/8/14, 12/22/14, and 1/7/15 before Judge William B. Shubb. (Thimesch, Timothy) Modified on 2/5/2015 (Marciel, M)
February 4, 2015 Opinion or Order Filing 161 CONSENT DECREE ORDER and JUDGMENT against City of Sacramento signed by Senior Judge William B. Shubb on 2/3/2015. CASE CLOSED. (Zignago, K.)
February 4, 2015 Filing 160 TRANSCRIPT of Proceedings held on Janaury 22, 2015, Afternoon Session, Bench Trial, before Senior Judge William B. Shubb, filed by Court Reporter Cathie Bodene, E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/26/2015. Redacted Transcript Deadline set for 3/9/2015. Release of Transcript Restriction set for 5/7/2015. (Bodene, C)
February 3, 2015 Opinion or Order Filing 159 STIPULATION and ORDER #154 for Consent Decree and Judgment against defendant Roverboat Delta King, Inc. signed by Senior Judge William B. Shubb on 2/2/2015. (Marciel, M)
February 3, 2015 Filing 158 TRANSCRIPT of Proceedings held on 1/27/15, before Senior Judge William B. Shubb, filed by Court Reporter Kimberly Bennett, Phone number 916-442-8420 E-mail reporter.bennett@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/26/2015. Redacted Transcript Deadline set for 3/6/2015. Release of Transcript Restriction set for 5/4/2015. (Bennett, K)
February 3, 2015 Filing 157 TRANSCRIPT of Proceedings held on 1/26/15, before Senior Judge William B. Shubb, filed by Court Reporter Kimberly Bennett, Phone number 916-442-8420 E-mail reporter.bennett@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/26/2015. Redacted Transcript Deadline set for 3/6/2015. Release of Transcript Restriction set for 5/4/2015. (Bennett, K)
February 3, 2015 Filing 156 TRANSCRIPT of Proceedings held on 1/23/15, before Senior Judge William B. Shubb, filed by Court Reporter Kimberly Bennett, Phone number 916-442-8420 E-mail reporter.bennett@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/26/2015. Redacted Transcript Deadline set for 3/6/2015. Release of Transcript Restriction set for 5/4/2015. (Bennett, K)
February 3, 2015 Filing 155 TRANSCRIPT of Proceedings held on 1/22/15 - morning session, before Senior Judge William B. Shubb, filed by Court Reporter Kimberly Bennett, Phone number 916-442-8420 E-mail reporter.bennett@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/26/2015. Redacted Transcript Deadline set for 3/6/2015. Release of Transcript Restriction set for 5/4/2015. (Bennett, K)
February 2, 2015 Filing 154 STIPULATION and PROPOSED ORDER for Consent Decree and Judgment against defendant Riverboat Delta King, Inc. by Hollynn D'Lil. (Thimesch, Timothy) Modified on 2/3/2015 (Marciel, M)
January 30, 2015 Filing 153 NOTICE of SETTLEMENT by Hollynn D'Lil. (Thimesch, Timothy)
January 28, 2015 Filing 152 PROPOSED VOIR DIRE by Hollynn D'Lil.(Thimesch, Timothy)
January 28, 2015 Filing 151 PROPOSED VOIR DIRE by Riverboat Delta King, Inc..(Post, Charles)
January 27, 2015 Filing 150 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: COURT TRIAL (Day 4) held on 1/27/2015. Witness Edman Coyne is called and sworn to testify. Exhibits are identified. Court orders this trial to trail the Court's next pending trial now set for 2/3/2015. Counsel shall keep in contact with the courtroom deputy and be prepared to go forward once notified by the court. Plaintiffs Counsel Timothy Thimesch present. Defendants Counsel Charles Post, Scott Plamondon present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K)
January 26, 2015 Filing 149 MINUTES for proceedings before Senior Judge William B. Shubb: COURT TRIAL (Day 3) held on 1/26/2015. Witness resumes testimony. Exhibits are identified. Court ORDERS all testimony re "seating" *and regarding the 1984 Title 24 at Box "N.A." STRICKEN. Court Trial continued to 1/27/2015 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. Plaintiffs Counsel Timothy Thimesch present. Defendants Counsel Charles Post, Scott Plamondon present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) *Modified on 1/27/2015 (Kirksey Smith, K).
January 26, 2015 Filing 148 STATEMENT of Plaintiff's Identification of Exhibits Currently Subject to Objection by Plaintiff Hollynn D'Lil. (Thimesch, Timothy)
January 23, 2015 Filing 147 MINUTES for proceedings before Senior Judge William B. Shubb: COURT TRIAL (Day 2) held on 1/23/2015. Witness resumes testimony. Exhibits are identified. Court Trial continued to 1/26/2015 at 01:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Court will decide what issues will be decided by the court or jury upon conclusion of these proceedings. (See document for further details.) Plaintiffs Counsel Timothy Thimesch present. Defendants Counsel Charles Post, Scott Plamondon present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K)
January 22, 2015 Filing 146 MINUTES for proceedings before Senior Judge William B. Shubb: COURT TRIAL (DAY 1) held on 1/22/2015. *Counsel waive opening statements. Witness is called and sworn to testify. Exhibits are identified and admitted into evidence. Plaintiff to provide list to the Court of those exhibits agreed upon by counsel. Court receives stipulations #124 and #125 into evidence. Court Trial continued to 1/23/2015 at *02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (See document for further details.) Plaintiffs Counsel Timothy Thimesch present. Defendants Counsel Charles Post, Scott Plamondon present. Court Reporters: Kimberly Bennett, Cathie Bodene. (Kirksey Smith, K) *Modified on 1/22/2015 (Kirksey Smith, K).
January 21, 2015 Filing 145 FURTHER ERRATA to Trial Brief and Amended Consolidated Trial Brief by Riverboat Delta King, Inc.. (Post, Charles) Modified on 1/22/2015 (Marciel, M)
January 21, 2015 Filing 144 SUBMISSION re Order of Court Proceedings by Riverboat Delta King, Inc.. (Plamondon, Scott) Modified on 1/22/2015 (Marciel, M)
January 20, 2015 Filing 143 STATEMENT of Counter-Designation of #119 Portions of Discovery to be utilized at Trial by paintiff Hollynn D'Lil. (Thimesch, Timothy) Modified on 1/22/2015 (Marciel, M)
January 20, 2015 Filing 142 STATEMENT of #133 Counter-Designations of Answers to Interrogatories and Requests for Admissions and Portions of Depositions by defendant Riverboat Delta King, Inc.. (Post, Charles) Modified on 1/22/2015 (Marciel, M)
January 20, 2015 Filing 141 RESPONSE by Hollynn D'Lil to defendant's #139 Objections to #138 Exhibit 323. (Thimesch, Timothy) Modified on 1/22/2015 (Marciel, M)
January 20, 2015 Filing 140 BRIEF re Allocation of the Burden of Proof by Riverboat Delta King, Inc.. (Post, Charles) Modified on 1/22/2015 (Marciel, M)
January 20, 2015 Filing 139 OBJECTION to plaintiff's #138 Exhibit 323 by Riverboat Delta King, Inc.. (Plamondon, Scott) Modified on 1/22/2015 (Marciel, M)
January 20, 2015 Filing 138 EXHIBIT - Updated Barrier Matrix by plaintiff Hollynn D'Lil. (Thimesch, Timothy) Modified on 1/22/2015 (Marciel, M)
January 19, 2015 Filing 137 NOTICE of ERRATA by Riverboat Delta King, Inc. for #123 Trial Brief. (Post, Charles) Modified on 1/21/2015 (Marciel, M)
January 18, 2015 Filing 136 OBJECTIONS by plaintiff Hollynn D'Lil to defendant's #108 Trial Exhibits. (Thimesch, Timothy) Modified on 1/21/2015 (Marciel, M)
January 18, 2015 Filing 135 OBJECTIONS by efendant Riverboat Delta King, Inc. to plaintiff's Trial Exhibits. (Post, Charles) Modified on 1/21/2015 (Marciel, M)
January 17, 2015 Filing 134 PROPOSED ORDER for #108 modification of Final Pretrial Order by Hollynn D'Lil. (Thimesch, Timothy) Modified on 1/21/2015 (Marciel, M)
January 17, 2015 Filing 133 OBJECTIONS by plaintiff Hollynn D'Lil to defendant's #120 Proposed Jury Instructions and #121 Proposed Verdict. (Thimesch, Timothy) Modified on 1/21/2015 (Marciel, M)
January 17, 2015 Filing 132 PHASE 2 SUPPLEMENTAL BRIEF on burden to prove statutory exceptions by Hollynn D'Lil. (Thimesch, Timothy) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 131 DESIGNATION of Discovery Responses and Deposition Testimony (for unavailable witnesses) that will be relied upon at Trial by plaintiff Hollynn D'Lil. (Thimesch, Timothy) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 130 TRIAL BRIEF by Hollynn D'Lil. (Thimesch, Timothy)
January 16, 2015 Filing 129 SPECIAL INSTRUCTION NO. 1 by Plaintiff Hollynn D'Lil for #120 Proposed Jury Instructions. (Thimesch, Timothy) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 128 MOTION IN LIMINE to exclude argument, evidence, and inference from presentation to jury by Hollynn D'Lil; MEMORANDUM of Points and Authorities in support; DECLARATION of Timothy S. Thimesch. Motion Hearing set for 1/21/2015 at 9:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Exhibit 1 thru 5) (Thimesch, Timothy) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 127 PROPOSED JURY INSTRUCTIONS by Hollynn D'Lil.(Thimesch, Timothy)
January 16, 2015 Filing 126 PROPOSED FINDINGS of FACT and CONCLUSIONS of LAW by Hollynn D'Lil. (Thimesch, Timothy) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 125 PROPOSED FINDINGS of FACT and CONCLUSIONS of LAW by Riverboat Delta King, Inc.. (Post, Charles) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 124 TRIAL BRIEF by Riverboat Delta King, Inc..(Post, Charles)
January 16, 2015 Filing 123 TRIAL BRIEF by Riverboat Delta King, Inc.. (Post, Charles)
January 16, 2015 Filing 122 OBJECTIONS by defendant Riverboat Delta King, Inc. to plaintiff's #127 Proposed Jury Instructions and Verdict. (Post, Charles) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 121 PROPOSED SPECIAL VERDICT submitted by defendant Riverboat Delta King, Inc.. (Post, Charles) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 120 PROPOSED JURY INSTRUCTIONS by Riverboat Delta King, Inc..(Post, Charles)
January 16, 2015 Filing 119 DESIGNATIONS of answers to Interrogatories/RFAs/Depositions by defendant Riverboat Delta King, Inc.. (Post, Charles) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 118 MOTION IN LIMINE NO. 2 - to Exclude References to Wealth of Shareholders of defendant Corporation by Riverboat Delta King, Inc.. Motion Hearing set for 1/22/2015 at 9:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Post, Charles) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 117 MOTION IN LIMINE NO. 1 - to Exclude References to Uniform Federal Accessibility Standards by Riverboat Delta King, Inc.. Motion Hearing set for 1/22/2015 at 9:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Post, Charles) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Opinion or Order Filing 116 ORDER signed by Senior Judge William B. Shubb on 1/16/2015 GRANTING #110 Defendant Riverboat Delta King's Request for Modification of Court's Final Pretrial Order. (Kirksey Smith, K)
January 16, 2015 Opinion or Order Filing 115 ORDER signed by Senior Judge William B. Shubb on 1/16/2015 DENYING Plaintiffs request for a supplemental period to file any motions in limine. (Kirksey Smith, K)
January 16, 2015 Filing 114 STIPULATION and PROPOSED ORDER for partial withdrawal of plaintiff's #111 Request for modification of Pretrial Order by Riverboat Delta King, Inc.. (Post, Charles) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 113 OPPOSITION by defendant Riverboat Delta King, Inc. to plaintiff's #111 Request for modification of Final Pretrial Order. (Post, Charles) Modified on 1/21/2015 (Marciel, M)
January 16, 2015 Filing 112 PROPOSED ORDER granting #110 Request for modification of Court's Final Pretrial Order by Riverboat Delta King, Inc.. (Post, Charles) Modified on 1/21/2015 (Marciel, M)
January 15, 2015 Filing 111 REQUEST TO MODIFY the #108 Final Pretrial Order by Plaintiff Hollynn D'Lil. (Thimesch, Timothy) Modified on 1/16/2015 (Michel, G).
January 15, 2015 Filing 110 REQUEST TO MODIFY the #108 Final Pretrial Order by Riverboat Delta King, Inc. (Attachments: #1 Declaration of Charles L. Post) (Post, Charles) Modified on 1/16/2015 (Michel, G).
January 15, 2015 Filing 109 PROPOSED ORDER re Full Consent Decree and Judgment by City of Sacramento. (Rogan, Kathleen)
January 13, 2015 Opinion or Order Filing 108 FINAL PRETRIAL ORDER signed by Senior Judge William B. Shubb on 1/12/2015 ORDERING Plaintiff and defendant have agreed pursuant to a separately filed stipulation to bifurcate the trial and only try the three issues identified in the stipulation in a second phase before the jury. All other issues will be tried before the court in the first phase. Phase 2 shall be tried, pursuant to FRCP 48, before a jury consisting of no less than six and no more than twelve members. (Reader, L)
January 13, 2015 Opinion or Order Filing 107 CORRECTED STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/12/2015 ORDERING #105 an initial phase-1 bench trial covering all Plaintiff's claims except those specified. The parties understand this phase will begin on 1/22/2015 as previously ordered by the Court [ 103 ]; that thereafter the Court convene a phase-2 jury trial. (Reader, L)
January 9, 2015 Filing 106 NOTICE OF WITHDRAWAL of Plaintiff's Brief re "burden of proof" re 103 Minutes by Hollynn D'Lil.(Thimesch, Timothy) Modified on 1/12/2015 (Michel, G).
January 9, 2015 Filing 105 CORRECTED STIPULATION and PROPOSED ORDER to Bifurcate Trial and to Alter Certain Evidentiary Procedures at Trial by Hollynn D'Lil. (Thimesch, Timothy) Modified on 1/12/2015 (Michel, G).
January 9, 2015 Filing 104 STIPULATION and PROPOSED ORDER to Bifurcate Trial and to Alter Certain Evidentiary Procedures at Trial by Hollynn D'Lil. (Thimesch, Timothy) Modified on 1/12/2015 (Michel, G).
January 7, 2015 Filing 103 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: PRETRIAL CONFERENCE held on 1/7/2015. Court confers with counsel re agreements between the parties and trial scheduling. Plaintiff informs the Court that the parties have agreed to bifurcate the trial, as noted on the record. Court orders the Bench Trial to commence on 1/22/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and to resume on 1/23/2015, 1/26/2015 and 1/27/2015. Trial will then be placed on trailing status, to resume after the completion of the jury trial now set for 2/3/2015 in CV 13-1300 WBS. Counsel shall submit any motions in limine prior to the trial date, as instructed by the Court. Plaintiff's brief re "burden of proof" shall be filed no later than 1/9/2015; defendant's brief shall be filed no later than 1/14/2015. The parties shall submit a stipulation regarding issues to be brought before the court and the jury no later than 1/9/2015. The Pretrial Conference date of 1/12/2015 is vacated. Plaintiffs Counsel Timothy Thimesch present. Defendants Counsel Charles Post present. Court Reporter: Diane Shepard. (Kirksey Smith, K)
January 4, 2015 Filing 102 AMENDED PROPOSED JURY INSTRUCTIONS; PROPOSED SPECIAL VERDICT by Hollynn D'Lil. (Thimesch, Timothy) Modified on 1/5/2015 (Michel, G).
January 4, 2015 Filing 101 ***DISREGARD; SEE AMENDED DOCKET #102 ***PROPOSED JURY INSTRUCTIONS; PROPOSED SPECIAL VERDICT by Hollynn D'Lil. (Thimesch, Timothy) Modified on 1/5/2015 (Michel, G). Modified on 1/5/2015 (Kirksey Smith, K).
January 4, 2015 Filing 100 PROPOSED JURY INSTRUCTIONS by Riverboat Delta King, Inc. (Post, Charles)
December 22, 2014 Filing 99 MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: FURTHER PRETRIAL CONFERENCE held on 12/22/2014. Court confers with counsel re the proposed juiry questions and proposed jury instructions. Court orders counsel to informally confer with the law clerk in order to submit jury questions and instructions to the court, as previously ordered. 4:15 PM MATTER RECALLED: Counsel inform the Court that upon meeting with the law clerk, the parties have set the following briefing schedule: 1) Draft jury instructions and jury questions to be filed on 1/4/2015; 2) Counsel to informally meet and confer with the law clerk again on 1/7/2015 at 2:00 PM *in the jury room of Courtroom 5, 14th Floor; and 3) Revised jury instructions and jury questions to be filed on 1/9/2015. The Court sets a Further Pretrial Conference on 1/12/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiff informs the Court of his intention to WITHDRAW CAUSES OF ACTION 1, 2, 5 AND 9. COURT ORDERS SAID CAUSES WITHDRAWN. Plaintiffs Counsel Timothy Thimesch present. Defendants Counsel Charles Post present. Court Reporter: Kelly O'Halloran. (Kirksey Smith, K) *Modified on 12/22/2014 (Kirksey Smith, K).
December 18, 2014 Filing 98 PROPOSED JURY INSTRUCTIONS by Riverboat Delta King, Inc..(Post, Charles)
December 18, 2014 Filing 97 PROPOSED JURY INSTRUCTIONS by Hollynn D'Lil.(Thimesch, Timothy)
December 17, 2014 Filing 96 NOTICE OF CITY COUNCIL APPROVAL OF SETTLEMENT by City of Sacramento. (Rogan, Kathleen)
December 8, 2014 Filing 95 MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: PRETRIAL CONFERENCE held on 12/8/2014. Court confers with counsel re the parties' pretrial statements, remaining claims and trial procedures. Counsel have agreed to settle the claims and litigate the attorneys' fees as to defendant City of Sacramento, and shall submit a Notice of Approval Re Consent Decree no later than 12/17/2014. Counsel for defendant Delta King informs the Court that the parties have been discussing settlement, and that it has an objection to the consent decree between plaintiff and defendant City of Sacramento at this time. Court orders plaintiff and defendant Delta King to submit proposed jury questions and jury instructions to the Court no later than 12:00 p.m. (Noon) on 12/18/2014, as noted on the record. Court sets a Further Pretrial Conference for 12/22/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiffs Counsel Timothy Thimesch present. Defendants Counsel Charles Post, Kathleen Rogan present. ECRO: Judy Streeter. (Kirksey Smith, K)
December 2, 2014 Filing 94 SUPPLEMENT by plaintiff Hollynn D'Lil to #91 Separate Final Pretrial Statement; STATUS REPORT. (Attachments: #1 Exhibit 1 - Plaintiff's Amended Witness List, #2 Exhibit 3 - Plaintiff's Amended-Proposed Exhibit List, #3 Exhibit 8 - Plaintiff's Proposed Submission for Judicial Notice Re UFAS Regulations, #4 Exhibit 9 - Plaintiff's Proposed Submission for Judicial Notice Re 1984 Title 24 Regulations) (Thimesch, Timothy) Modified on 12/3/2014 (Marciel, M)
December 1, 2014 Filing 93 FINAL PRETRIAL CONFERENCE STATEMENT by defendant Riverboat Delta King, Inc.. (Post, Charles) Modified on 12/2/2014 (Marciel, M)
December 1, 2014 Filing 92 PRETRIAL CONFERENCE STATEMENT by defendant City of Sacramento. (Rogan, Kathleen) Modified on 12/2/2014 (Marciel, M)
November 25, 2014 Filing 91 (PRELIMINARY) SEPARATE PRETRIAL STATEMENT by plaintiff Hollynn D'Lil. (Attachments: #1 Exhibit One, #2 Exhibit Two, #3 Exhibit Three, #4 Exhibit Four, #5 Exhibit Five, #6 Exhibit Six, #7 Exhibit Seven) (Thimesch, Timothy) Modified on 11/26/2014 (Marciel, M)
October 10, 2014 Opinion or Order Filing 90 STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 10/9/2014 ORDERING #89 Pretrial Conference Reset for 12/8/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Plaintiff's Separate Pretrial Statement due by 11/24/2014; Defendants' Separate Pretrial Statements by 12/1/2014; and Jury Trial Reset for 1/21/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Reader, L)
October 8, 2014 Filing 89 STIPULATION and PROPOSED ORDER to extend #53 Pre-Trial and Trial dates by Riverboat Delta King, Inc.. (Post, Charles) Modified on 10/9/2014 (Marciel, M)
September 25, 2014 Opinion or Order Filing 88 MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 9/25/2014 DENYING #54 Defendant Riverboat Delta King's Motion for Summary Judgment, or, alternatively, for a stay. (Kirksey Smith, K)
September 22, 2014 Filing 87 MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: MOTION HEARING held on 9/22/2014 re #54 Defendant Riverboat Delta King, Inc's Motion for Summary Judgment, or alternatively, Motion for Stay. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs Counsel Timothy Thimesch present. Defendants Counsel Charles Post, Scott Plamondon present. Court Reporter: Michelle Babbitt. (Kirksey Smith, K)
September 15, 2014 Filing 86 OBJECTION to Plaintiff's Sur Reply re #54 Motion for Summary Judgment , Motion to Strike by Defendant Riverboat Delta King, Inc. (Post, Charles) Modified on 9/15/2014 (Kaminski, H).
September 12, 2014 Filing 85 SECOND SUPPLEMENTAL DECLARATION of Barry Atwood re Errata supporting Opposition re #54 Motion for Summary Judgment or, alternatively, Motion for Stay. (Thimesch, Timothy) Modified on 9/15/2014 (Kaminski, H).
September 12, 2014 Filing 84 REQUEST and DECLARATION of Timothy S. Thimesch for Relief from Potential Default re OPPOSITION to #54 Motion for Summary Judgment or, alternatively, Motion for Stay. (Attachments: #1 Exhibit 225 - Ltr Between Counsel, #2 Exhibit 226 - Chain of Ltrs Between Counsel, #3 Exhibit 227 - Ltr Between Counsel, #4 Exhibit 228 - Ltr Between Counsel)(Thimesch, Timothy) Modified on 9/15/2014 (Kaminski, H).
September 12, 2014 Filing 83 SUPPLEMENT by Hollynn D'Lil to #77 Request for Judicial Notice. (Attachments: #1 Exhibit 223)(Thimesch, Timothy) Modified on 9/15/2014 (Kaminski, H).
September 12, 2014 Filing 82 NOTICE of Subsequently-Issued Authority in Opposition to Riverboat Delta King, Inc.'s #54 Motion for Summary Adjudication or Alternative Stay by Plaintiff Hollynn D'Lil. (Attachments: #1 Exhibit #224 (Fortyune Decision))(Thimesch, Timothy) Modified on 9/15/2014 (Kaminski, H).
September 12, 2014 Filing 81 OBJECTION to New Matter in Reply Brief by Plaintiff Hollynn D'Lil re #54 Motion for Summary Judgment or, alternatively, Motion for Stay. (Thimesch, Timothy) Modified on 9/15/2014 (Kaminski, H).
September 5, 2014 Filing 80 REPLY BRIEF by Riverboat Delta King, Inc. in support of #54 Motion for Summary Judgment or, alternatively, Motion for Stay. (Attachments: #1 Response to plaintiff's Opposition to Separate Statement, #2 Objection to plaintiff's Evidence) (Post, Charles) Modified on 9/8/2014 (Marciel, M)
September 5, 2014 Opinion or Order Filing 79 CORRECTED STIPULATION and ORDER signed by Senior Judge William B. Shubb on 9/5/2014 GRANTING an extension of time through 9/5/2014 at midnight to file an opposition to the Motion for Summary Judgment. (Donati, J)
September 3, 2014 Filing 78 CORRECTED STIPULATION and [PROPOSED] ORDER for Plaintiff's Application for an Extension of Time to File Reply Papers re #66 Stipulation and Order by Hollynn D'Lil. (Thimesch, Timothy) Modified on 9/3/2014 (Mena-Sanchez, L).
September 1, 2014 Filing 77 REQUEST for JUDICIAL NOTICE by Hollynn D'Lil in re #74 Memorandum in Support of Motion. (Attachments: #1 Exhibit 219, #2 Exhibit 221, #3 Exhibit 222)(Thimesch, Timothy)
September 1, 2014 Filing 76 STATEMENT of Errata to Plaintiff's Response to Delta King's Statement of Undisputed Fact, and Errata to Plaintiff's Statement to Undisputed Fact by Plaintiff Hollynn D'Lil re #54 MOTION for SUMMARY JUDGMENT. (Thimesch, Timothy)
August 30, 2014 Filing 75 DECLARATION of Timothy S. Thimesch in OPPOSITION TO #54 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 6 thru 39 (With Gaps), #2 Exhibit 49 thru 102 (with gaps), #3 Exhibit 106 thru 152 (with gaps), #4 Exhibit 169 thru 193 (with gaps), #5 Exhibit 194 thru 200 (with gaps), #6 Exhibit 201 thru 216 (with gaps), #7 Exhibit 217 thru 218)(Thimesch, Timothy)
August 29, 2014 Filing 74 CORRECTED MEMORANDUM by Hollynn D'Lil in OPPOSITION to #54 MOTION for SUMMARY JUDGMENT. (Thimesch, Timothy) Modified on 9/2/2014 (Donati, J).
August 28, 2014 Filing 73 DECLARATION of Barry Atwood (Supplemental Declaration Re UBC Section 106 versus Title 24) in OPPOSITION TO #54 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 179 - State AG Opinion Re Preeminence of Title 24, #2 Exhibit 211 - 1984 Title 24 Int Manual (Excerpts))(Thimesch, Timothy)
August 28, 2014 Filing 72 EXHIBIT Amended Exhibit 204 to Declaration of Zach Reynold's re #54 MOTION for SUMMARY JUDGMENT filed by Riverboat Delta King, Inc.. (Thimesch, Timothy)
August 27, 2014 Filing 71 DECLARATION of Barry N. Atwood (Also See Decl. of Peter Blanck at Attached Exhibit 200) in OPPOSITION TO #54 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 196, #2 Exhibit 209, #3 Exhibit 210, #4 Exhibit 200 - Peter Blanck Declaration))(Thimesch, Timothy)
August 27, 2014 Filing 70 STATEMENT of Plaintiff's Response to Delta King's Statement of Undisputed Fact; Plaintiff's Own Statement of Undisputed Fact by Plaintiff Hollynn D'Lil re #54 MOTION for SUMMARY JUDGMENT. (Thimesch, Timothy)
August 27, 2014 Filing 69 DECLARATION of Zachery Reynolds in OPPOSITION TO #54 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 202, #2 Exhibit 203, #3 Exhibit 204, #4 Exhibit 205)(Thimesch, Timothy)
August 27, 2014 Filing 68 DECLARATION of Commander David E. Cole (USCG Ret.) in OPPOSITION TO #54 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 121, #2 Exhibit 122)(Thimesch, Timothy)
August 27, 2014 Filing 67 OPPOSITION by Hollynn D'Lil to #54 MOTION for SUMMARY JUDGMENT. (Thimesch, Timothy)
August 25, 2014 Opinion or Order Filing 66 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/25/2014 extending time for plaintiff's opposition to the pending Motion for Summary Adjudication or Alternative Stay to be filed by Noon on 8/27/2014; defendant's reply shall be filed by Noon on 9/5/2014. (Kirksey Smith, K)
August 25, 2014 Filing 65 STIPULATION and PROPOSED ORDER for Plaintiff's Stipulated Application for 36-Hour Extension to File Opposition Papers and Extension to File Reply Brief re 64 Minute Order, Set/Reset Motion Hearing,, by Hollynn D'Lil. (Thimesch, Timothy)
August 19, 2014 Filing 64 MINUTE ORDER (TEXT ONLY): On the Court's own motion, the parties are hereby notified that #54 Defendant Riverboat Delta King, Inc's Motion for Summary Judgment, or alternatively, Motion for Stay currently set for hearing on 9/8/2014 is continued to 9/22/2014 at 2:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. The motion briefing shall remain as if the motion was still set to be heard on 9/8/2014. (Kirksey Smith, K)
August 19, 2014 Opinion or Order Filing 63 STIPULATION and ORDER #62 signed by Senior Judge William B. Shubb on 8/18/14 ORDERING the deadline for Delta King to file its reply to Plaintiff's opposition to motion for summary adjudication is extended from August 29, 2014, to September 2, 2014.(Becknal, R)
August 18, 2014 Filing 62 STIPULATION and PROPOSED ORDER for to Extend Time for Defendant to File Reply to Opposition to Motion for Summary Adjudication by Riverboat Delta King, Inc.. (Post, Charles)
July 22, 2014 Filing 61 DECLARATION of Charles L. Post in SUPPORT OF #54 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 19-27 (to Post Decl), #2 Exhibit 28-29 (to Post Decl))(Post, Charles)
July 22, 2014 Filing 60 DECLARATION of Charles Coyne in SUPPORT OF #54 MOTION for SUMMARY JUDGMENT. (Post, Charles)
July 22, 2014 Filing 59 DECLARATION of Michael Coyne (continuation of declaration and exhibits) in SUPPORT OF #54 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 7 (Part 10 of 13), #2 Exhibit 7 (Part 11 of 13), #3 Exhibit 7 (Part 12 of 13), #4 Exhibit 7 (Part 13 of 13), #5 Exhibit 8 (Part 1 of 3), #6 Exhibit 8 (Part 2 of 3), #7 Exhibit 8 (Part 3 of 3), #8 Exhibit 9-12)(Post, Charles)
July 22, 2014 Filing 58 DECLARATION of Michael Coyne in SUPPORT OF #54 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 6, #2 Exhibit 7 (Part 1 of 13), #3 Exhibit 7 (Part 2 of 13), #4 Exhibit 7 (Part 3 of 13), #5 Exhibit 7 (Part 4 of 13), #6 Exhibit 7 (Part 5 of 13), #7 Exhibit 7 (Part 6 of 13), #8 Exhibit 7 (Part 7 of 13), #9 Exhibit 7 (Part 8 of 13), #10 Exhibit 7 (Part 9 of 13))(Post, Charles)
July 22, 2014 Filing 57 DECLARATION of Edmund Coyne in SUPPORT OF #54 MOTION for SUMMARY JUDGMENT. (Post, Charles)
July 22, 2014 Filing 56 DECLARATION of Tim Sullivan in SUPPORT OF #54 MOTION for SUMMARY JUDGMENT. (Post, Charles)
July 22, 2014 Filing 55 DECLARATION of Solon Wisham, Jr. in SUPPORT OF #54 MOTION for SUMMARY JUDGMENT. (Post, Charles)
July 22, 2014 Filing 54 MOTION for SUMMARY JUDGMENT or, alternatively, for STAY by Riverboat Delta King, Inc.. Motion Hearing set for 9/8/2014 at 2:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Points and Authorities, #2 Statement of Undisputed Material Facts, #3 Request for Judicial Notice - Part 1, #4 Request for Judicial Notice - Part 2, #5 Request for Judicial Notice - Part 3) (Post, Charles) Modified on 9/8/2014 (Marciel, M).
July 18, 2014 Opinion or Order Filing 53 AMENDED STIPULATION and ORDER #52 signed by Senior Judge William B. Shubb on 7/18/2014 resetting the Dispositive Motions deadline to 7/22/2014. The Motion Hearing on cross-dispositive motions is set for 9/8/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Final Pretrial Conference is reset for 10/27/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Plaintiff's Pretrial Statement is due on 10/13/2014, and Defendants' Pretrial Statement is due on 10/20/2014.) The Jury Trial date is reset for 12/9/2014 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
July 15, 2014 Filing 52 AMENDED STIPULATION and PROPOSED ORDER for to Extend The Deadline by One Week for Filing Cross-Dispositive Motions and Specially Set Hearing of 9/8/14 and Short Accommodating-Extension of Trial and Pretrial by Riverboat Delta King, Inc.. (Post, Charles) Modified on 7/15/2014 (Becknal, R).
July 14, 2014 Filing 51 STIPULATION and PROPOSED ORDER for to Extend the Deadline by One Week for Filing Cross-Dispositive Motions and to Specially-Set the Dispositive Hearing for September 8, 2014 [Plus a Status Report] re #48 Stipulation and Order by Hollynn D'Lil. (Thimesch, Timothy) Modified on 7/15/2014 (Becknal, R).
June 12, 2014 Filing 50 NOTICE of APPEARANCE by Scott M. Plamondon on behalf of Riverboat Delta King, Inc.. Attorney Plamondon, Scott M. added. (Plamondon, Scott)
June 12, 2014 Filing 49 NOTICE of APPEARANCE by Chelcey Emiko Lieber on behalf of Riverboat Delta King, Inc.. Attorney Lieber, Chelcey Emiko added. (Lieber, Chelcey)
February 25, 2014 Opinion or Order Filing 48 STIPULATION and ORDER #47 signed by Senior Judge William B. Shubb on 2/25/2014 extending pretrial scheduling dates: Amend Pleadings due 3/6/2014; Completion of Discovery and Motions Related Thereto due 5/6/2014; Expert Disclosures With Reports due 5/15/2014; Rebuttal Expert Disclosures With Reports (Modified From FRCP Rule) due 5/27/2014; Completion of Discovery From Experts and Discovery Motions Related Thereto due 6/16/2014; File all motions except continuances and TRO's by 7/15/2014; File Separate Pretrial Conf. Statements - Plaintiff by 8/15/2014; Defendant by 8/22/2014; Final Pretrial Conference is reset for 9/29/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial is reset for 10/21/2014 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
February 25, 2014 Filing 47 STIPULATION and PROPOSED ORDER modifying the Pretrial Scheduling Order dates by City of Sacramento. (Rogan, Kathleen) Modified on 2/26/2014 (Michel, G).
August 13, 2013 Opinion or Order Filing 46 STIPULATION and ORDER TO MODIFY CURRENT SCHEDULING ORDER signed by Senior Judge William B. Shubb on 8/12/13 ORDERING the Completion of Discovery and related motions due by 12/5/13, Expert Disclosure w/reports due by 12/16/13, Rebuttal expert disclosure w/reports due by 1/6/14, Expert discovery cutoff and related motions due by 2/18/14, Last day to file all Motions but for continuances and TROs due by 3/6/14, File individual Pretrial Conf. statements for Plaintiffs due by 5/14/14, for defendants due by 5/21/14, Final Pretrial Conference reset for 5/27/14 at 02:00 p.m., Trial reset for 7/22/14 at 09:00 a.m. before Senior Judge William B. Shubb. (Becknal, R)
August 9, 2013 Filing 45 STIPULATION and PROPOSED ORDER for Modification of Current Scheduling Order by City of Sacramento. (Rogan, Kathleen)
May 21, 2013 Opinion or Order Filing 44 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/20/2013 CONTINUING the deadline for Discovery and related motions to 8/5/2013; CONTINUING the deadline for Expert Disclosure to 8/15/2013; CONTINUING the deadline for Rebuttal Expert Witness Disclosure to 8/26/2013; CONTINUING the deadline for Expert Discovery and related motions to 9/16/2013; CONTINUING the deadline for all motions except for continuances and TROs to 11/6/2013; CONTINUING the deadline for Plaintiff's Pretrial Conference Statement to 1/13/2014; CONTINUING the deadline for Defendant's Pretrial Conference Statement to 1/21/2014; CONTINUING the Final Pretrial Conference to 2/3/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; CONTINUING the Jury Trial to 3/25/2014 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Michel, G)
May 17, 2013 Filing 43 STIPULATION and PROPOSED ORDER for Extend Expert Disclosure and Discovery Dates re #40 Stipulation and Order by Riverboat Delta King, Inc. (Post, Charles) Modified on 5/20/2013 (Meuleman, A).
May 16, 2013 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Allison Claire on 5/15/2013 DECLINING TO ADOPT #41 Stipulation extending Expert Disclosure and Discovery dates. (Michel, G)
May 14, 2013 Filing 41 STIPULATION and PROPOSED ORDER to extend #37 #40 Expert Disclosure and Discovery dates by Hollynn D'Lil. (Thimesch, Timothy) Modified on 5/15/2013 (Marciel, M)
March 14, 2013 Opinion or Order Filing 40 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 3/13/2013 ORDERING that Expert Disclosure be completed by 6/15/2013; ORDERING that Rebuttal Expert Disclosure be completed by 6/25/2013; ORDERING that Discovery be completed by 7/15/2013. (Michel, G)
March 13, 2013 Filing 39 STIPULATION and PROPOSED ORDER continuing Expert Disclosure and Expert Discovery Dates by Hollynn D'Lil. (Thimesch, Timothy) Modified on 3/14/2013 (Michel, G).
March 8, 2013 Filing 38 STATUS AND STIPULATION AND PROPOSED ORDER to Extend Expert Dislcosure and Expert Discovery Dates by City of Sacramento. (Rogan, Kathleen) Modified on 3/8/2013 (Kirksey Smith, K).
January 25, 2013 Opinion or Order Filing 37 STIPULATION and ORDER #36 signed by Senior Judge William B. Shubb on 1/25/2013 resetting dates as follows: Designation of Expert Witnesses due by 3/13/2013. Discovery due by 6/5/2013. Dispositive Motions filed by 9/6/2013. Filing Deadline for Plaintiff's Pretrial Statement: 11/12/2013. Filing Deadline for Defendants' Pretrial Statement: 11/18/2013. Final Pretrial Conference set for 11/25/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 1/22/2014 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
January 25, 2013 Filing 36 THIRD STIPULATION and PROPOSED ORDER to extend scheduling order dates by Riverboat Delta King, Inc. (Holtz, Donna) Modified on 1/28/2013 (Reader, L).
December 5, 2012 Filing 35 MINUTE ORDER BY: Valerie K. Callen, Courtroom Deputy to Magistrate Judge Allison Claire. On August 2, 2012, the parties participated in a settlement conference before Magistrate Judge John F. Moulds where they reached a tentative settlement agreement. The parties have now filed a status report apprising the court of the status of their settlement negotiations. On review of the status report, it appears that this case has not been settled. The parties are directed to contact the court should they wish to participate in further settlement conferences. (Callen, V)
December 4, 2012 Filing 34 JOINT STATUS REPORT by Riverboat Delta King, Inc.. (Holtz, Donna)
November 26, 2012 Filing 33 MINUTE ORDER: re 31 Minute Order, Set/Reset Deadlines and Hearings. Due to the reassignment of this matter, the Status Conference scheduled for November 29, 2012 is hereby vacated from the calendar. The parties are directed to file a Joint Status Report on or before December 4, 2012 updating the court of the status of your settlement discussions. (Callen, V)
November 20, 2012 Opinion or Order Filing 32 ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of Magistrate Judge *Allison Claire* to the bench of the Eastern District, this action is reassigned from *Magistrate Judge John F. Moulds* for all further proceedings. (Waggoner, D)
November 14, 2012 Filing 31 MINUTE ORDER (TEXT ONLY) by CRD: On the Courts own motion, a Status Conference is hereby set for 11/29/2012 at 11:00 AM in Courtroom 26 before Magistrate Judge John F. Moulds to discuss the status of settlement negotiations in this case. The parties shall file a joint status report on or before November 27, 2012.(Anderson, J)
October 17, 2012 Opinion or Order Filing 30 STIPULATION and ORDER to Exend Scheduling Order Dates signed by Judge William B. Shubb on 10/16/12: Designation of Expert Witnesses due by 1/28/2013; Completion of Discovery due by 4/22/2013; All Motions except continuances and TROs due by 7/23/2013; Plaintiff's separate pretrial conference statement due by 9/23/2013, and defendants' due by 9/30/2013; Final Pretrial Conference set for 10/15/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb; Trial set for 12/3/2013 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kastilahn, A)
October 17, 2012 Opinion or Order Filing 29 STIPULATION and ORDER signed by Magistrate Judge John F. Moulds on 10/16/12, pursuant to the stipulation #26 of the parties as set forth above, and good cause appearing therefore, IT IS SO ORDERED. (Kastilahn, A)
October 12, 2012 Filing 28 STIPULATION and PROPOSED ORDER to extend Scheduling Order dates by Riverboat Delta King, Inc.. (Holtz, Donna) Modified on 10/15/2012 (Marciel, M)
October 10, 2012 Filing 27 NOTICE of CHANGE of ADDRESS by Kathleen T Rogan. (Rogan, Kathleen)
September 12, 2012 Filing 26 STIPULATION and PROPOSED ORDER for Protective Order by Riverboat Delta King, Inc.. Attorney Holtz, Donna L. added. (Holtz, Donna)
August 2, 2012 Filing 25 MINUTES for SETTLEMENT CONFERENCE proceedings held before Magistrate Judge John F. Moulds on 8/2/2012: CASE NOT SETTLED. Plaintiffs Counsel Tim Thimesch and Karl Danz present. Plaintiff Hollynn D'Lil present. Defendants Counsel Charles Post, Donna Holtz, Rebecca Bitter and Kathellen Rogan present. Charles Cogne present. (Text Only) (Anderson, J)
July 20, 2012 Filing 24 MINUTE ORDER (TEXT ONLY) by CRD: The parties are hereby notified that a Settlement Conference has been set for 8/2/2012 at 1:30 PM in chambers before Magistrate Judge John F. Moulds re #23 Stipulation and Order. (Anderson, J)
July 11, 2012 Opinion or Order Filing 23 STIPULATION and ORDER to Extend Scheduling Conference Dates #22 signed by Judge William B. Shubb on 7/11/2012: Expert Disclosures Reports due by 10/15/2012. Completion of Discovery and Hearing on Discovery Motions due by 1/7/2013. Dispositive Motions shall be filed by 4/9/2013. Plaintiff's Pretrial Conference Statement shall be filed by 6/10/2013. Defendants' Pretrial Statement shall be filed by 6/17/2013. The Final Pretrial Conference is reset for 6/24/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. The Jury Trial date is reset for 8/20/2013 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. This action is referred to Magistrate Judge John F. Moulds for a settlement conference. Counsel are required to adhere to Local Rule 270(b). (Kirksey Smith, K)
July 11, 2012 Filing 22 STIPULATION and PROPOSED ORDER to Extend Scheduling Order Dates; Request for Referral to a Settlement Conference Before the Assigned Magistrate Judge by Hollynn D'Lil. re #17 Order (Thimesch, Timothy) Modified on 7/11/2012 (Reader, L).
July 9, 2012 Opinion or Order Filing 21 ORDER for #20 SUBSTITUTION of ATTORNEY signed by Judge William B. Shubb on 7/6/2012. Attorney Charles L. Post is ADDED as counsel for defendant Riverboat Delta King, Inc.. Attorney Catherine M. Corfee is TERMINATED. (Marciel, M)
July 6, 2012 Filing 20 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Riverboat Delta King, Inc.. (Post, Charles)
June 8, 2012 Filing 19 NOTICE of Unavailability by Riverboat Delta King, Inc.. (Corfee, Catherine)
February 28, 2012 Filing 18 DESIGNATION of COUNSEL FOR SERVICE. Attorney Kathleen T. Rogan ADDED for City of Sacramento; Attorney Sheri M. Chapman TERMINATED. (Rogan, Kathleen) Modified on 2/29/2012 (Michel, G).
December 7, 2011 Opinion or Order Filing 17 STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge William B. Shubb on 12/6/11: Discovery due by 1/23/2012. Dispositive Motions filed by 12/10/2012. Final Pretrial Conference set for 2/19/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Jury Trial set for 4/23/2013 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kaminski, H)
December 5, 2011 Filing 16 REQUEST for Appearance by Telephone by Riverboat Delta King, Inc.. (Corfee, Catherine)
November 29, 2011 Filing 15 SCHEDULING REPORT by Hollynn D'Lil. (Thimesch, Timothy)
November 29, 2011 Filing 14 DECLARATION of Zachary Best re #13 Status Report. (Attachments: #1 Exhibit Email, #2 Exhibit Email, #3 Exhibit Email, #4 Exhibit Joint Scheduling Report, #5 Exhibit Email, #6 Exhibit Email, #7 Exhibit Email)(Corfee, Catherine)
November 29, 2011 Filing 13 STATUS REPORT by Riverboat Delta King, Inc.. (Corfee, Catherine)
November 4, 2011 Opinion or Order Filing 12 ORDER #11 for DISMISSAL signed by Judge William B. Shubb on 11/3/2011. Defendant Old Sacramento Business Association, Inc. is DISMISSED without prejudice. This shall not affect status of pending claims against remaining defendants. (Marciel, M)
November 3, 2011 Filing 11 PROPOSED ORDER re Limited Request for Dismissal of selected party without prejudice by Hollynn D'Lil. (Thimesch, Timothy) Modified on 11/4/2011 (Marciel, M).
September 28, 2011 Filing 10 ANSWER to #1 Complaint, with Jury Demand by Riverboat Delta King, Inc.. Attorney Corfee, Catherine M. added.(Corfee, Catherine)
September 28, 2011 Filing 9 ANSWER to #1 Complaint, with Jury Demand by City of Sacramento. Attorney Chapman, Sheri M. added.(Chapman, Sheri)
September 4, 2011 Filing 8 SUMMONS RETURNED EXECUTED: Riverboat Delta King, Inc. served on 8/24/2011, answer due 9/14/2011. (Thimesch, Timothy)
September 2, 2011 Filing 7 SUMMONS RETURNED EXECUTED: City of Sacramento served on 8/24/2011, answer due 9/14/2011. (Thimesch, Timothy)
September 2, 2011 Filing 6 SUMMONS RETURNED EXECUTED: Old Sacramento Business Association, Inc. served on 8/24/2011, answer due 9/14/2011. (Thimesch, Timothy)
August 24, 2011 Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/12/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP Form) (Becknal, R)
August 24, 2011 Filing 4 SUMMONS ISSUED as to *City of Sacramento, Old Sacramento Business Association, Inc., Riverboat Delta King, Inc.* with answer to complaint due within *21* days. Attorney *Timothy S. Thimesch, Esq.* *158 Hilltop Crescent* *Walnut Creek, CA 94576-3452*. (Becknal, R)
August 24, 2011 RECEIPT number #CAE200038041 $350.00 by Timothy Thimesch on 8/24/2011. (Becknal, R)
August 23, 2011 Filing 2 CIVIL COVER SHEET by Hollynn D'Lil (Thimesch, Timothy)
August 23, 2011 Filing 1 COMPLAINT For Injunctive Relief and Damages against City of Sacramento, Old Sacramento Business Association, Inc., Riverboat Delta King, Inc. by Hollynn D'Lil. Attorney Thimesch, Timothy S. added. (Attachments: #1 Notice Important Information for Building Owners; Notice to Defendants; Plaintiff's Objection, #2 Notice Plaintiff's Certificate of Interested Parties, #3 Notice Plaintiff's Request to Preserve Evidence)(Thimesch, Timothy)

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Search for this case: D'Lil v. Riverboat Delta King, Inc. et al
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Plaintiff: Hollynn D'Lil
Represented By: Timothy S. Thimesch
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Defendant: Riverboat Delta King, Inc.
Represented By: Charles L. Post
Represented By: Chelcey Emiko Lieber
Represented By: Scott M. Plamondon
Represented By: Catherine M. Corfee
Represented By: Donna L. Holtz
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Defendant: City of Sacramento
Represented By: Kathleen T. Rogan
Represented By: Sheri Marie Chapman
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Defendant: Old Sacramento Business Association, Inc.
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