Mitchell et al v. Imperato et al
| Frederick Mitchell, Krista Mitchell, Kelly Mitchell and Elk Grove Animal Rescue |
| Schakana and Dayle A. Imperato |
| 2:2019cv00297 |
| February 15, 2019 |
| US District Court for the Eastern District of California |
| Edmund F Brennan |
| William B Shubb |
| Civil Rights: Other |
| 28 U.S.C. § 1343 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 25, 2019. A more recent docket listing may be available from PACER.
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Filing 34
ORDER signed by Senior Judge William B. Shubb on 04/10/19 GRANTING plaintiffs' #29 Motion for Permission to File Electronically. (Benson, A.)
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| SERVICE BY MAIL: #34 Order served on Elk Grove Animal Rescue, Frederick Mitchell, Kelly Mitchell, Krista Mitchell. (Benson, A.) |
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Filing 33
ORDER signed by Senior Judge William B. Shubb on 4/9/2019 DENYING #30 Motion for Extension of Time. (Washington, S)
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| SERVICE BY MAIL: #33 Order on Motion for Extension served on Elk Grove Animal Rescue, Frederick Mitchell, Kelly Mitchell, Krista Mitchell. (Washington, S) |
| Filing 32 CERTIFICATE of SERVICE by Dayle A. Imperato re #31 Reply. (Rosenberg, Sid) |
| Filing 31 REPLY by Dayle A. Imperato re #22 Motion to Dismiss. (Rosenberg, Sid) |
| Filing 30 MOTION for 28-DAY EXTENSION OF TIME to Serve Defendant by Krista Mitchell. (Attachments: #1 Proposed Order)(Coll, A) |
| Filing 29 EX PARTE MOTION for Permission to File Electronically by Krista Mitchell. (Attachments: #1 Proposed Order)(Coll, A) |
| Filing 28 FIRST AMENDED COMPLAINT against Dayle A. Imperato, Schakana by Krista Mitchell, Frederick Mitchell, Kelly Mitchell, Elk Grove Animal Rescue.(Huang, H) |
| MAIL RETURNED as Undeliverable, Return to Sender - Not Deliverable as addressed - unable to forward: #23 Order, sent to Krista Mitchell. Notice of Change of Address due by 6/10/2019. (Washington, S) |
| MAIL RETURNED as Undeliverable, Retun to Sender - Not Deliverable as Addressed - Unable to forward Moved: #23 Order, sent to Kelly Mitchell. Notice of Change of Address due by 6/10/2019. (Washington, S) |
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Filing 27
ORDER RELATING CASES signed by Senior Judge William B. Shubb on 3/19/19 ORDERING that the actions denominated 2:19-cv-297 WBS EFB, 2:19-cv-411 MCE KJN, 2:19-cv-412 TLN EFB and 2:19-cv-439 TLN KJN are deemed related. (Kaminski, H)
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| Filing 26 NOTICE of RELATED CASE 2:19-cv-00411-MCE-KJN, 2:19-cv-00412-TLN-EFB, 2:19-cv-00439-TLN-KJN by Dayle A. Imperato. (Rosenberg, Sid) |
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Filing 25
ORDER signed by Senior Judge William B. Shubb on 3/19/2019: On 3/12/2019, the court issued an Order directing counsel for defendant Dayle Imperato to file, within three days, a notice of related cases pursuant to Local Rule 123. Counsel did not file a notice of related cases by the specified deadline. IT IS THEREFORE ORDERED that Sid M. Rosenberg, counsel for Dayle Imperato, shall, by 3/22/2019, (1) file a notice of related cases consistent with the Order of 3/12/2019 OR (2) show cause why he should not be adjudged in civil contempt of this court for his failure to comply with that Order. (Kirksey Smith, K)
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Filing 24
ORDER signed by Senior Judge William B. Shubb on 3/12/2019: The court directs counsel for defendant Dayle Imperato to file a notice of related cases pursuant to Local Rule 123 for this action and the following other cases: Imperato v. Krista Mitchell, No. 2:19-cv-411 MCE KJN; Imperato v. Kelly Mitchell, No. 2:19-cv-412 TLN EFB; and City of Elk Grove v. Elk Grove Animal Rescue, No. 2:19-cv-439 TLN KJN. The notice of related cases shall be filed in this case and each of the three other actions. Counsel shall file the notice of related cases within three days from the date this Order is signed. (Kirksey Smith, K)
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Filing 23
ORDER signed by Senior Judge William B. Shubb on 3/12/2019: A hearing on defendant #22 Dayle Imperato's Motion to Dismiss is scheduled for 4/22/2018. By 4/8/2019, plaintiffs shall file their opposition to the motion pro se or notify the court that they have retained counsel. If plaintiffs retain counsel by that date, they shall provide the court with the name of counsel and the date by which counsel can file an opposition. (Kirksey Smith, K)
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| Filing 22 MOTION to DISMISS by Dayle A. Imperato. Motion Hearing set for 4/22/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum, #2 Declaration, #3 Proof of Service)(Rosenberg, Sid) |
| SERVICE BY MAIL: #23 Order re opposition to #22 Motion to Dismiss set for 4/22/2018, served on Kelly Mitchell, Krista Mitchell, Frederick Mitchell at the addresses listed for these parties entered on the docket in cases 2:19-cv-00411-MCE-KJN, 2:19-cv-00412-TLN-EFB, 2:19-cv-00439-TLN-KJN. (Kirksey Smith, K) |
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Filing 21
MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 3/4/2019 DENYING #17 Plaintiffs' Motion for Preliminary Injunction. (Kirksey Smith, K)
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| Filing 20 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 3/4/2019 re #17 Plaintiffs' Amended Motion for Preliminary Injunction. Court confers with counsel re status of plaintiffs' counsel. Plaintiff informs the Court that their counsel, Ms. Wallace, withdrew as counsel of record and that they are seeking to obtain new counsel within 30 days, and requests that the matter be submitted. Defense counsel does not state an objection. MOTION SUBMITTED. Court to prepare and issue a separate order. Plaintiffs' Counsel Krista Mitchell, pro se, Kelly Mitchell, pro se present. Defendants' Counsel Sid Rosenberg present. Court Reporter: Cathie Bodene. (Kirksey Smith, K) |
| Filing 19 CERTIFICATE of SERVICE by Frederick Mitchell, Kelly Mitchell, Krista Mitchell. (Wallace, Susan) |
| Filing 18 OPPOSITION by Dayle A. Imperato to #17 Amended Motion for Preliminary Injunction. Attorney Rosenberg, Sid M. added. (Attachments: #1 Declaration of Dayle Imperato, #2 Proof of Service)(Rosenberg, Sid) Modified on 2/28/2019 (Becknal, R). |
| Filing 17 AMENDED #1 Motion for Preliminary Injunctionby Plaintiffs. Motion Hearing set for 3/4/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration Attorney Susan C. Wallace)(Wallace, Susan) Modified on 2/28/2019 (Kirksey Smith, K). Modified on 2/28/2019 (Becknal, R). |
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Filing 16
ORDER signed by Senior Judge William B. Shubb on 02/25/19 STRIKING, SETTING ASIDE and REMANDING #14 and #15 Notice of Removals to Sacramento County Superior Court. Parties may not remove cases into existing actions. (cc: Sac Superior). (Benson, A.)
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| SERVICE BY MAIL: #16 Order served on Sacramento County Superior Court (2 certified copies) (Benson, A.) |
| Filing 15 [STRICKEN PER #16 ORDER] NOTICE of REMOVAL from Sacramento Superior Court, case number 34 2019 70005259 by Kelly Mitchell. (Attachments: #1 Declaration of Susan C. Wallace)(Wallace, Susan) Modified on 2/26/2019 (Benson, A.). |
| Filing 14 [STRICKEN PER #16 ORDER] NOTICE of REMOVAL from Sacramento Superior Court, case number 34 2019 70005258 by Krista Mitchell. (Attachments: #1 Declaration of Susan C. Wallace)(Wallace, Susan) Modified on 2/26/2019 (Benson, A.). |
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Filing 13
ORDER signed by Senior Judge William B. Shubb on 2/21/2019 re #1 , #11 Motions: IT IS HEREBY ORDERED that Plaintiffs' Motion for Temporary Restraining Order #1 be, and the same hereby is, DENIED. IT IS FURTHER ORDERED that Plaintiffs' Emergency Ex Parte Request for Order Dissolving TROs #11 , be and the same hereby is, DENIED. This matter is set for hearing on Plaintiffs' Request for a Preliminary Injunction #1 on 3/4/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall file simultaneous supplemental briefs by 12:00 p.m. on 2/28/2019. (Kirksey Smith, K)
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| Filing 12 CERTIFICATE of SERVICE by Frederick Mitchell, Kelly Mitchell, Krista Mitchell re #11 MOTION Dissolve TROs, Expunge TROs, Sanction Defendant. (Wallace, Susan) |
| Filing 11 MOTION to DISSOLVE TROs, Expunge TROs, Sanction Defendant by Frederick Mitchell, Kelly Mitchell, Krista Mitchell. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order)(Wallace, Susan) Modified on 2/21/2019 (Washington, S). |
| Filing 10 DECLARATION of Susan C.Wallace, Esq in support of #1 Motion for Temporary Restraining Order. (Wallace, Susan) |
| Filing 9 MINUTE ORDER (TEXT ONLY): Upon further consideration by the Court, the parties are hereby notified that the 2/21/2019 hearing on #1 Plaintiff's Ex Parte Emergency Application and Motion for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue is taken OFF CALENDAR and UNDER SUBMISSION, no appearance is necessary. Plaintiff shall immediately notify defendants that the hearing date has been VACATED. The Court shall issue a separate order. (Kirksey Smith, K) |
| Filing 8 DECLARATION of Susan C.Wallace, Esq in support of #1 Motion for Temporary Restraining Order. (Wallace, Susan) |
| Filing 7 SUMMONS RETURNED EXECUTED: Dayle A. Imperato served on 2/19/2019, answer due 3/12/2019. (Wallace, Susan) |
| Filing 6 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that #1 Plaintiff's Ex Parte Emergency Application and Motion for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue is hereby set for hearing on Thursday, 2/21/2019 at 10:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Defendant's response shall be filed no later than 1:30 PM on Wednesday, 2/20/2019. Counsel for plaintiff shall notify defendants of said hearing date, time, location, and response deadline forthwith, and immediately file notice thereof with the Court, pursuant to Local Rule 231(a). (Kirksey Smith, K) |
| Filing 5 COMPLAINT against All Defendants by Krista Mitchell, Frederick Mitchell, Kelly Mitchell.(Wallace, Susan) Modified on 2/19/2019 (Coll, A). |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 6/24/2019, at 01:30 PM, in Courtroom 5 (WBS), before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (York, M) |
| Filing 3 SUMMONS ISSUED as to *Dayle A. Imperato, Schakana* with answer to complaint due within *21* days. Attorney *Susan C. Wallace* *Law Offices of Susan C. Wallace* *412 Nevada Street* *Nevada City, CA 95959*. (York, M) |
| Filing 2 CERTIFICATE of SERVICE by Frederick Mitchell, Kelly Mitchell, Krista Mitchell re #1 Motion for Temporary Restraining Order. (Wallace, Susan) |
| Filing 1 COMPLAINT and MOTION for TEMPORARY RESTRAINING ORDER against All Defendants by Frederick Mitchell, Kelly Mitchell, Krista Mitchell. Attorney Wallace, Susan C. added. (Filing fee $400, receipt number 0972-8113597) (Attachments: #1 Memorandum, #2 Declaration of Susan C. Wallace, #3 Declaration of Patricia Torres, #4 Proposed Order, #5 Declaration Tara F. Stice, #6 TRO Checklist, #7 Proof of Service, #8 Civil Cover Sheet) (Wallace, Susan) |
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