Tule Lake Committee v. City of Tulelake et al
| Tule Lake Committee |
| City Council of the City of Tulelake, City of Tulelake and Modoc Tribe of Oklahoma |
| 2:2018cv02280 |
| August 21, 2018 |
| US District Court for the Eastern District of California |
| Dennis M Cota |
| Craig M Kellison |
| Kimberly J Mueller |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 32 STIPULATION and PROPOSED ORDER for Staying Action by Tule Lake Committee. (Himel, Yoshinori) |
| Filing 31 STIPULATION and PROPOSED ORDER for Interim Settlement Agreement by Tule Lake Committee. (Himel, Yoshinori) |
| Filing 30 MINUTE ORDER (TEXT ONLY) by Relief Courtroom Deputy J. Anderson for Magistrate Judge Dennis M. Cota on 10/11/2018: The parties are directed to disregard the 29 Amended Minutes and ordered to refer to the previous 27 Settlement Conference Minutes. Furthermore counsel is authorized to obtain the audio and/or transcript of the proceedings as needed. (Anderson, J) |
| RECEIPT Number #CAE200093281 $31.00 for #28 Audio Recording Request. (Mena-Sanchez, L) |
| Filing 28 AUDIO RECORDING REQUEST by City Council of the City of Tulelake, City of Tulelake, Modoc Tribe of Oklahoma for proceedings held on 9/27/2018 before Judge Dennis M. Cota. (Robinson, Michael) |
| Filing 26 AUDIO RECORDING REQUEST by Tule Lake Committee for proceedings held on 9/27/2018 before Judge Dennis M. Cota. (Merin, Mark) |
| RECEIPT number CAE200092977 for $31.00 for #26 Record in Electronic Format from Law Offices of Mark Merin. (Benson, A.) |
| Filing 29 [DISREGARD] AMENDED MINUTES (Text Only) for SETTLEMENT CONFERENCE proceedings before Magistrate Judge Dennis M. Cota: held on 9/27/2018; CASE SETTLED. The terms and conditions were stated on the record.The parties are given till 10/3/2018 to submit a proposed stipulation. Plaintiffs Counsel Mark Merin, Yoshinori Himel, and Paul Masuhara present. Defendants Counsel Michael Robinson and Patrick Bergin present. Court Reporter/CD Number: ECRO. (Anderson, J) Modified on 10/11/2018 (Anderson, J). |
| Filing 27 MINUTES (Text Only) for SETTLEMENT CONFERENCE proceedings before Magistrate Judge Dennis M. Cota on 9/27/2018. CASE SETTLED. Matter Sealed. The parties are given till 10/3/2018 to submit a proposed stipulation. Plaintiffs Counsel Mark Merin, Yoshinori Himel, and Paul Masuhara present. Defendants Counsel Michael Robinson and Patrick Bergin present. Court Reporter/CD Number: ECRO. (Anderson, J) |
| Filing 25 WAIVER of DISQUALIFICATION of Settlement Judge by City Council of the City of Tulelake, City of Tulelake, Modoc Tribe of Oklahoma. Attorney Robinson, Michael A. added. (Robinson, Michael) Modified on 9/18/2018 (York, M). |
| Filing 24 WAIVER of DISQUALIFICATION of Settlement Judge by Tule Lake Committee. (Merin, Mark) Modified on 9/18/2018 (York, M). |
Filing 23
ORDER signed by Magistrate Judge Dennis M. Cota on 9/10/2018 ORDERING Settlement Conference set for 9/27/2018 at 09:00 AM (in SACRAMENTO), Courtroom 4 before Magistrate Judge Dennis M. Cota; the parties are directed to submit confidential settlement conference statements by 9/17/2018 to cpine@caed.uscourts.gov.(Reader, L) Modified on 9/14/2018 (Reader, L).
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Filing 22
STATUS PRETRIAL SCHEDULING ORDER signed by Judge Kimberly J. Mueller on 09/07/18 ORDERING that Plaintiff may file an amended complaint within 60 days; Initial disclosures due 09/10/18; all discovery shall be completed by 11/04/19; Designation of Expert Witnesses due by 12/13/19, with any supplemental designations due by 01/03/20; Expert discovery shall be completed by 02/03/20; Dispositive Motions shall be heard no later than 03/13/20; The parties have agreed to participate in a court convened early settlement conference before Magistrate Judge Dennis M. Cota. The parties have discussed dates with Judge Cota and an order will follow confirming a date, time, location and procedures for the settlement conference; the court will set a Final Pretrial Conference date after the resolution of any dispositive motions, or passage of the dispositive motion cutoff, with a trial date being determined at the pretrial conference. Objections due within 14 calendar days.(Benson, A.)
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| Filing 21 SCHEDULING REPORT by Modoc Tribe of Oklahoma. (Hennessy, Timothy) |
| Filing 20 MINUTES for INITIAL (PRETRIAL SCHEDULING) CONFERENCE held before District Judge Kimberly J. Mueller on 9/5/2018. Plaintiff's counsel, Yoshinori Himel and Paul Masuhara, III, present. Defendants' counsel, Michael Robinson, Timothy Hennessy and Greg Narvaez, present. Defense counsel confirmed that all defendants are operating under a joint defense agreement. The court and counsel discussed case scheduling and referral for settlement proceedings before Magistrate Judge Dennis M. Cota. A scheduling order will issue. [TEXT ONLY ENTRY] Court Reporter/CD Number: Cathie Bodene. (Michel, G.) |
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Filing 19
ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Dennis M. Cota* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Craig M. Kellison* to Magistrate Judge Dennis M. Cota for all further proceedings. (Reader, L)
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| Filing 18 JOINT STATUS REPORT by Tule Lake Committee. (Himel, Yoshinori) |
| Filing 17 WAIVER of SERVICE RETURNED EXECUTED: City Council of the City of Tulelake Waiver sent on 8/30/2018, answer due 10/29/2018. (Merin, Mark) |
| Filing 16 WAIVER of SERVICE RETURNED EXECUTED: City of Tulelake Waiver sent on 8/30/2018, answer due 10/29/2018. (Merin, Mark) |
| Filing 15 WAIVER of SERVICE RETURNED EXECUTED: Modoc Tribe of Oklahoma Waiver sent on 8/30/2018, answer due 10/29/2018. (Merin, Mark) |
| Filing 14 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the court's 8/27/2018 Order at ECF No. #13 , the Status (Pretrial Scheduling) Conference set for 1/17/2019 is VACATED. (Text Only Entry) (Schultz, C) |
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Filing 13
ORDER signed by District Judge Kimberly J. Mueller on 8/27/2018 DENYING #2 Plaintiff's Motion for Temporary restraining order, without prejudice to renewal; the case is set for an early Scheduling Conference for 9/5/2018 at 04:00 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; and the parties shall file a joint status report by 8/31/2018 at 4:00 PM.(Reader, L)
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| Filing 12 STIPULATION re Maps per Minutes (ECF No. 11) by Tule Lake Committee. (Attachments: #1 Map #1, #2 Map #2, #3 Map #3, #4 Map #4, #5 Map #5)(Merin, Mark) Modified on 8/28/2018 (Kastilahn, A). |
| Filing 11 MINUTES FOR MOTION HEARING held before District Judge Kimberly J. Mueller on 8/24/2018. Counsel for Plaintiff, Mark Merin, Yoshinori Himel and Paul Masuhara, present. Counsel for Defendants, Timothy Hennessy and Greg Narvaez, present. Mr. Hennessy clarified his special appearance for Modoc Tribe of Oklahoma and asserted that he is authorized to represent City of Tulelake and City Counsel of the City of Tulelake for the purposes of this hearing. The Court and counsel discussed the plaintiff's pending Ex Parte Application for Temporary Restraining Order (ECF No. #2 ). After hearing oral arguments, the court ORDERED the parties to jointly file a boundary map of the properties proposed for sale by the end of the day on 8/24/2018. In lieu of a jointly-filed boundary map, the parties are permitted to file competing boundary maps accompanied by declarations describing any disputed issues. Upon submission of said map(s), the matter will stand submitted. Court Reporter: Diane Shepard. (Text Only Entry) (Michel, G.) |
| Filing 10 DECLARATION of Paul H. Masuhara re 6 Minute Order. (Masuhara, Paul) Modified on 8/27/2018 (Mena-Sanchez, L). |
| Filing 9 NOTICE of APPEARANCE by Patrick R. Bergin on behalf of Modoc Tribe of Oklahoma. Attorney Bergin, Patrick R. added. (Bergin, Patrick) |
| Filing 8 NOTICE of APPEARANCE by Michael A. Robinson on behalf of Modoc Tribe of Oklahoma. Attorney Robinson, Michael A. added. (Robinson, Michael) |
| Filing 7 NOTICE of APPEARANCE by Timothy Joseph Hennessy on behalf of Modoc Tribe of Oklahoma. Attorney Hennessy, Timothy Joseph added. (Hennessy, Timothy) |
| Filing 6 MINUTE ORDER issued by Relief Courtroom Deputy G. Michel for District Judge Kimberly J. Mueller on 8/23/2018: The court SETS a hearing on Plaintiff's Ex Parte Application for a Temporary Restraining Order, ECF No. #2 , for 8/24/2018 at 10:30 a.m. in Courtroom 3 before District Judge Kimberly J. Mueller. Plaintiff is ORDERED to promptly notify Defendants of the hearing. (Michel, G.) |
| Filing 5 FIRST AMENDED COMPLAINT against City Council of the City of Tulelake, City of Tulelake, Modoc Tribe of Oklahoma by Tule Lake Committee.(Merin, Mark) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/17/2019 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Benson, A.) |
| Filing 3 SUMMONS ISSUED as to *City Council of the City of Tulelake, City of Tulelake, Modoc Tribe of Oklahoma* with answer to complaint due within *21* days. Attorney *Mark E. Merin* *Law Office of Mark E. Merin* *1010 F Street, Suite 300* *Sacramento, CA 95814*. (Benson, A.) |
| Filing 2 MOTION for TEMPORARY RESTRAINING ORDER by Tule Lake Committee. (Attachments: #1 Memorandum, #2 Declaration of Mark E. Merin , #3 Declaration of Barbara Takei, #4 Declaration of Yoshinori H. T. Himel, #5 Proposed Order, #6 TRO Checklist)(Merin, Mark) |
| Filing 1 COMPLAINT against City Council of the City of Tulelake, City of Tulelake, Modoc Tribe of Oklahoma by Tule Lake Committee. (Filing fee $ 400, receipt number 0972-7825046) (Attachments: #1 Civil Cover Sheet)(Merin, Mark) |
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