Baird et al v. Becerra
| Mark Baird and Richard Gallardo |
| Xavier Becerra |
| 2:2019cv00617 |
| April 9, 2019 |
| US District Court for the Eastern District of California |
| Allison Claire |
| Kimberly J Mueller |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 32 TRANSCRIPT of Proceedings, Motion to Dismiss, Motion for Preliminary Injunction, Status Conference held on October 9, 2019, before District Judge Kimberly J. Mueller, filed by Court Reporter Kacy Barajas, Phone number 916-426-7640 E-mail kbarajas.csr@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 11/21/2019. Redacted Transcript Deadline set for 11/29/2019. Release of Transcript Restriction set for 1/27/2020. (Barajas, K) |
| Filing 31 TRANSCRIPT REQUEST by Mark Baird for proceedings held on October 9, 2019 before Judge Kimberly J. Mueller. Court Reporter Kacy Barajas. (Barajas, K) |
| Filing 30 MINUTES for MOTION HEARING and SCHEDULING CONFERENCE held before District Judge Kimberly J. Mueller on 10/9/2019. Plaintiffs' Counsel, Amy Bellantoni, present. Defendant's Counsel, R. Matthew Wise, present. The court heard oral argument as to Defendant's Motion to Dismiss (ECF no. #10 ) and Plaintiffs' Motion for Preliminary Injunction (ECF No. #14 ). The court and counsel also discussed case scheduling. After careful consideration of the parties' arguments, the court took the matters under submission. A written order will issue. Court Reporter: Kacy Barajas. (Text Only Entry) (Schultz, C) |
| Filing 29 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Due to unforseen circumstances and on the court's own motion, the Status (Pretrial Scheduling) Conference and Motion Hearing set for 10/8/2019 is VACATED and RESET for 10/9/2019 at 11:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry)(Schultz, C) |
| Filing 28 DECLARATION of Amy L. Bellantoni in support of #14 Motion for Preliminary Injunction. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bellantoni, Amy) Modified on 10/2/2019 (Benson, A.). |
| Filing 27 REPLY by Mark Baird, Richard Gallardo in support of #14 Motion for Preliminary Injunction. (Attachments: #1 Declaration of Clayton Cramer, #2 Declaration of Charles "Chuck" Haggard, #3 Declaration of Mark Baird, #4 Declaration of Richard Gallardo)(Bellantoni, Amy) |
| Filing 26 REPLY by Xavier Becerra in support of #10 Motion to Dismiss. (Wise, R.) |
| Filing 25 JOINT STATUS REPORT by Mark Baird, Richard Gallardo. (Bellantoni, Amy) |
| Filing 24 NOTICE of WITHDRAWAL of #22 Notice of Intent by Mark Baird, Richard Gallardo. (Bellantoni, Amy) Modified on 9/10/2019 (Benson, A.). |
| Filing 23 OBJECTIONS by Defendant Xavier Becerra to #22 Notice of Intent. (Wise, R.) Modified on 9/9/2019 (Benson, A.). |
| Filing 22 NOTICE of INTENT to present sworn testimony at the 10/8/2019 #14 preliminary injunction hearing by Plaintiffs Mark Baird, Richard Gallardo. (Bellantoni, Amy) Modified on 9/9/2019 (Benson, A.). |
| Filing 21 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference and Motion Hearing as to Defendant's Motion to Dismiss and Plaintiff's Motion for Preliminary Injunction (ECF Nos. #10 and #14 ) set for 9/6/2019 is VACATED and RESET for 10/8/2019 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. Motion related briefing deadlines are reset as provided by Local Rule 230. The parties shall file a joint status report no less than seven days prior to the new date of the status conference. (Text Only Entry) (Schultz, C) |
| Filing 20 OPPOSITION by Xavier Becerra to #14 Motion for Preliminary Injunction. (Attachments: #1 Declaration of R. Matthew Wise, #2 Declaration of Former Covina Chief of Police Kim Raney)(Wise, R.) |
| Filing 19 OPPOSITION by Mark Baird, Richard Gallardo to #10 Motion to Dismiss. (Bellantoni, Amy) |
| Filing 18 AMENDED #15 MEMORANDUM of POINTS in SUPPORT of #14 Motion for Preliminary Injunction by Mark Baird, Richard Gallardo. (Bellantoni, Amy) Modified on 7/17/2019 (York, M). |
| Filing 17 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Plaintiffs' Request to File an Amended Memorandum of Points and Authorities in Connection with Plaintiffs' Motion for Preliminary Injunction is GRANTED. (See ECF Nos. #14 and #16 ) Plaintiffs' amended filing shall be filed forthwith. (Text Only Entry) (Schultz, C) |
| Filing 16 REQUEST to FILE Amended #14 Memorandum of Points and Authorities by Mark Baird, Richard Gallardo. (Bellantoni, Amy) Modified on 7/12/2019 (Benson, A.). |
| Filing 15 (DISREGARD; REFER TO AMENDED FILING AT ECF NO. #18 ) MEMORANDUM by Mark Baird, Richard Gallardo in support of #14 Motion for Preliminary Injunction. (Bellantoni, Amy) Modified on 7/9/2019 (Benson, A.) |
| Filing 14 MOTION for PRELIMINARY INJUNCTION by Mark Baird, Richard Gallardo. Motion Hearing set for 9/6/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Declaration of Amy L. Bellantoni, #2 Declaration of Richard Gallardo, #3 Declaration of Mark Baird)(Bellantoni, Amy) |
Filing 13
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/27/19 RESCHEDULING the Status Conference and hearing on Defendants' #10 Motion for 9/6/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. And APPROVING the Parties' briefing and hearing Schedule: 7/8/19: Plaintiffs to file preliminary injunction motion. 7/29/19: Plaintiffs to file opposition to Defendant's motion to dismiss. 8/2/19: Defendant to file opposition to Plaintiffs' preliminary injunction motion. 8/30/19: Parties to file joint status report, Plaintiffs to file reply in support of preliminary injunction motion, and Defendant to file reply in support of motion to dismiss.(Mena-Sanchez, L)
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| Filing 12 STIPULATION and PROPOSED ORDER to Continue Status Conference, Briefing Deadlines and Hearing Date for Defendant's Motion to Dismiss Plaintiffs' Complaint by Xavier Becerra. (Wise, R.) Modified on 6/25/2019 (Mena-Sanchez, L). |
| Filing 11 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court is in receipt of Defendant's Motion to Dismiss (ECF No. #10 ). The motion is noticed for hearing on 7/26/2019, which is not an available law and motion date. Accordingly, the hearing on the motion is RESET for 8/9/2019 at 10:00 AM. Filing deadlines are reset as provided by Local Rule 230. It is FURTHER ORDERED that the Status (Pretrial Scheduling) Conference set for 8/15/2019 is VACATED and ADVANCED to 8/9/2019 at 10:00 AM, with the filing of a joint status report due seven days prior. Both hearings will be held in in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C) |
| Filing 10 MOTION to DISMISS by Xavier Becerra. Motion Hearing set for 7/26/2019 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. (Attachments: #1 Points and Authorities)(Wise, R.) |
| Filing 9 STIPULATION to Extend Time to Respond to Complaint by Xavier Becerra. Attorney Wise, R. Matthew added. (Wise, R.) |
| Filing 8 SUMMONS RETURNED EXECUTED: Xavier Becerra served on 4/18/2019. (Bellantoni, Amy) Modified on 5/3/2019 (Washington, S). |
| Filing 7 CERTIFICATE of SERVICE by Mark Baird, Richard Gallardo re #4 Civil New Case Documents for KJM. (Bellantoni, Amy) |
| Filing 6 [DISREGARD TO BE REFILED BY ATTORNEY] SUMMONS RETURNED EXECUTED: Xavier Becerra served on 4/18/2019, answer due 5/9/2019. (Bellantoni, Amy) Modified on 5/2/2019 (Washington, S). |
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Filing 5
PRO HAC VICE ORDER signed by District Judge Kimberly J. Mueller on 4/29/19. Added attorney Amy L. Bellantoni, PHV for Mark Baird and Richard Gallardo. (Mena-Sanchez, L)
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| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 8/15/2019 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Mena-Sanchez, L) |
| Filing 3 SUMMONS ISSUED as to *Xavier Becerra* with answer to complaint due within *21* days. Attorney *Christopher Richard Cosca* *Attorney at Law* *1007 7th Street, Suite 210* *Sacramento, CA 95814*. (Mena-Sanchez, L) |
| Filing 2 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Mark Baird, Richard Gallardo for attorney Amy L. Bellantoni to appear Pro Hac Vice. (Cosca, Christopher) |
| Filing 1 COMPLAINT For Declaratory and Injunctive Relief against Xavier Becerra by Mark Baird, Richard Gallardo. Attorney Cosca, Christopher Richard added. (Attachments: #1 Civil Cover Sheet)(Cosca, Christopher) |
| PAYMENT for Civil Case filing fee in the amount of $ 400, receipt number 0972-8204185. (Cosca, Christopher) |
| PAYMENT for #2 Pro Hac Vice Application in the amount of $ 225, receipt number 0972-8203995. (Cosca, Christopher) |
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