Lo et al v. County of Siskiyou et al
| Dilevon Lo, Pao Lee, Nathan Thao, Jerry Vang, Mao Thao, Antonio Lee, Koua Lee, Nhia Thai Vang, Zeng Lee, Der Lee and Khue Cha |
| Jeremiah LaRue, Brandon Criss, Jesus Fernandez, Ed Valenzuela, Nancy Ogren, Edward Kiernan, County of Siskiyou, Michael Kobseff, Ray Haupt and California Department of Forestry and Fire Protection |
| 2:2021cv00999 |
| June 4, 2021 |
| US District Court for the Eastern District of California |
| Dennis M Cota |
| Kimberly J Mueller |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 32 AMENDED OBJECTIONS by County of Siskiyou, Brandon Criss, Edward Kiernan, Michael Kobseff, Jeremiah LaRue, Nancy Ogren, Ed Valenzuela to #31 Opposition to Motion. (Attachments: #1 Khue Cha affidavit of 6-11-21, #2 Koua Lee affidavit of 6.11.21, #3 Nhia Thai Vang affidavit of 6.11.21, #4 Nhia Thai Vang affidavit of 7.6.21, #5 Szendrey affidavit of 6.3.21, #6 Szendrey supp affidavit of 6.11.21, #7 Szendrey supp affidavit of 7.14.21, #8 Zeng Lee affidavit of 7.6.21)(Donald, J.) Modified on 7/30/2021 (Reader, L). |
| Filing 31 [DISREGARD SEE [ #32 ]OPPOSITION by County of Siskiyou, Brandon Criss, Jesus Fernandez, Ray Haupt, Edward Kiernan, Michael Kobseff, Jeremiah LaRue, Nancy Ogren, Ed Valenzuela to #4 Motion for TRO, Motion for Preliminary Injunction. (Attachments: #1 Declaration of Donna Hamilton, #2 Declaration of Jeremiah LaRue, #3 Declaration of Craig Kay, #4 Declaration of Bryan Schenone, #5 Declaration of Kirk Skierski, #6 Declaration of J. Scott Donald, #7 Objection to Der Lee, #8 Objection to Khue Cha, #9 Objection to Koua Lee, #10 Objection to Nhia Thai Vang, dated 6.11.21, #11 Objection to Nhia Thai Vang, dated 7.6.21, #12 Objection to Szendrey, dated 6.3.21, #13 Objection to Szendrey, dated 6.11.21, #14 Objection to Szendrey, dated 7.14.21, #15 Objection to Zeng Lee Vang)(Donald, J.) Modified on 7/29/2021 (Reader, L). Modified on 7/29/2021 (Reader, L). |
| Filing 30 SUMMONS ISSUED as to *California Department of Forestry and Fire Protection* with answer to complaint due within *21* days. Attorney *Allison B. Margolin* *Margolin & Lawrence* *8484 Wilshire Blvd., Suite 440* *Beverly Hills, California 90211*. (Reader, L) |
| Filing 29 FIRST AMENDED COMPLAINT against All Defendants by Antonio Lee, Nathan Thao, Jerry Vang, Dilevon Lo, Mao Thao, Pao Lee.(Margolin, Allison) |
| Filing 28 AFFIDAVIT of Edward Szendrey re #21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). |
| Filing 27 AFFIDAVIT of Zeng Lee re #21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). |
| Filing 26 AFFIDAVIT of Nhia Thai Vang re #21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). |
| Filing 25 AFFIDAVIT of Khue Cha re #21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). |
| Filing 24 AFFIDAVIT of Koua Lee re #21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). |
| Filing 23 AFFIDAVIT of Der Lee re #21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). |
| Filing 22 DECLARATION of Chris Conrad re #21 Supplement. (Margolin, Allison) |
| Filing 21 SUPPLEMENT by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang re #4 Motion for Motion for Temporary Restraining Order, #17 Memorandum in Support of Motion. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). |
Filing 20
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/8/2021 MOTION HEARING #4 re Motion for Preliminary Injunction RESET for 8/6/2021 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller.(Reader, L)
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| Filing 19 STIPULATION and PROPOSED ORDER for Continuance of Briefing and Hearing Schedule on Motion for Preliminary Injunction and to Allow Filing of First Amended Complaint by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang. (Margolin, Allison) |
| Filing 18 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 7/1/2021: The Request to Continue, ECF No. #15 , which the court construes as an Ex Parte Application to Continue, is GRANTED for good cause shown. The dates and deadlines set in the court's Order at ECF No. #11 are VACATED. The parties are directed to meet and confer and propose a schedule for briefing and hearing Plaintiffs' Request for Injunctive Relief and Proposal to Amend the Complaint. (Text Only Entry)(Schultz, C) |
| Filing 17 SUPPLEMENTAL MEMORANDUM of Points and Authorities in Support of Plaintiff's Ex Parte Application for a Temporary Restraining Order and Motion for Preliminary Injunction, ECF No. #4 , filed by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, and Jerry Vang (Margolin, Allison) (Docket Text Modified on 7/1/2021 by C. Schultz) |
| Filing 16 DECLARATION of Counsel J. Raza Lawrence in SUPPORT of #15 Motion to Continue. (Attachments: #1 Exhibit A, #2 Exhibit B)(Margolin, Allison) Modified on 7/6/2021 (Mena-Sanchez, L). |
| Filing 15 REQUEST to CONTINUE Briefing and Hearing Schedule on Plaintiffs' Pending Motion for Preliminary Injunction filed by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, and Jerry Vang. (Margolin, Allison) (Docket Text Modified on 7/1/2021 by C. Schultz) |
| Filing 14 ASSOCIATION of ATTORNEY J. Scott Donald for defendants. (Donald, J.) Modified on 6/22/2021 (Kastilahn, A). |
| Filing 13 NOTICE of Association of Counsel by All Defendants. Attorney Donald, J. Scott added. (Donald, J.) |
| Filing 12 MINUTE ORDER issued by Courtroom Deputy C. Pine for Magistrate Judge Dennis M. Cota on 6/16/2021: This matter is set for an Initial Scheduling Conference on 10/20/2021 at 11:00 AM in Redding before Magistrate Judge Dennis M. Cota. Plaintiffs shall serve a copy of this minute order on Defendants not yet appearing.(Pine, C) |
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Filing 11
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/15/2021 DENYING #4 Motion for Temporary Restraining Order. A Preliminary Injunction hearing is SET for 7/28/2021 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The hearing will be by videoconference. Plaintiffs may file a brief in support of their Request for Injunctive Relief by 6/30/2021. Defendants response by 7/14/2021, and any, reply by 7/21/2021.(Reader, L)
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Filing 10
MINUTE ORDER issued by Relief Courtroom Deputy L. Kennison for Chief District Judge Kimberly J. Mueller ORDERING this matter REFERRED to Magistrate Judge Dennis M. Cota for pretrial scheduling. Accordingly, the Status (Pretrial Scheduling) Conference set for 10/14/2021 before Chief District Judge Kimberly J. Mueller is VACATED, and will be reset by Magistrate Judge Dennis M. Cota. Plaintiffs shall serve a copy of this minute order on Defendants not yet appearing. (Text Only Entry)(Kennison, L)
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| Filing 9 REPLY by Plaintiffs re #7 Opposition to Motion. (Attachments: #1 Supplemental Affidavit of Nathan Thao, #2 Affidavit of Boua Hue Vue, #3 Affidavit of Mao Thao, #4 Affidavit of Jerry Vang, #5 Affidavit of Nhia Thai Vang, #6 Affidavit of Antonio Lee, #7 Affidavit of Mai Yang Lee, #8 Affidavit of Koua Lee, #9 Affidavit of Pao Lee, #10 Affidavit of Khue Cha, #11 Affidavit of Stephen Griset, #12 Exhibit A)(Margolin, Allison) Modified on 6/15/2021 (Mena-Sanchez, L). |
| Filing 8 LETTER from J. Scott Donald by Defendant County of Siskiyou re #4 Motion for TRO, Motion for Preliminary Injunction. (Attachments: #1 Declaration of Rick Dean)(Spinelli, Domenic) Modified on 6/10/2021 (Kaminski, H). |
| Filing 7 OPPOSITION by County of Siskiyou to #4 Motion for TRO, Motion for Preliminary Injunction. Attorney Spinelli, Domenic D. added. (Attachments: #1 Declaration of William Carroll)(Spinelli, Domenic) Modified on 6/10/2021 (Kaminski, H). |
| Filing 6 DECLARATION OF COUNSEL re 5 MINUTE ORDER by All Plaintiffs. (Margolin, Allison) Modified on 6/8/2021 (Kaminski, H). |
| Filing 5 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 6/7/2021: The court has carefully reviewed Plaintiffs' Ex Parte Application for Temporary Restraining Order, ECF No. #4 , and supporting Declarations, and finds Plaintiffs have not on this record established they are entitled to a temporary restraining order without the court's providing Defendants an opportunity to respond. Additionally, the court discerns no immediate harm to Plaintiffs in the next several days if the court sets the time for full briefing on an expedited basis. Accordingly, Defendants are provided until 4:00 p.m. on Wednesday, 6/9/2021, to file an opposition, and Plaintiffs may then file a reply by 4:00 PM on Friday, 6/11/221, at which time the matter will be submitted unless the court determines a hearing is necessary. Plaintiffs shall promptly notify Defendants of this Minute Order and briefing schedule, and file proof of such notice on the court's docket. SO ORDERED. (Text Only Entry)(Schultz, C) |
| Filing 4 MOTION for TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Plaintiffs. (Attachments: #1 TRO Checklist, #2 Notice and Declaration of Counsel, #3 Proposed Order #4 Affidavit of Plaintiff or Witness, #5 Affidavit of Plaintiff or Witness, #6 Affidavit of Plaintiff or Witness, #7 Affidavit of Plaintiff or Witness, #8 Affidavit of Plaintiff or Witness, #9 Affidavit of Plaintiff or Witness, #10 Affidavit of Plaintiff or Witness, #11 Affidavit of Plaintiff or Witness, #12 Affidavit of Plaintiff or Witness, #13 Affidavit of Plaintiff or Witness, #14 Affidavit of Plaintiff or Witness, #15 Affidavit of Plaintiff or Witness)(Margolin, Allison) (Docket Text Modified on 6/4/2021 by C. Schultz) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/14/2021 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Benson, A.) |
| Filing 2 SUMMONS ISSUED as to *County of Siskiyou, Brandon Criss, Jesus Fernandez, Ray Haupt, Edward Kiernan, Michael Kobseff, Jeremiah LaRue, Nancy Ogren, Ed Valenzuela* with answer to complaint due within *21* days. Attorney *Allison B. Margolin* *Margolin & Lawrence Attorneys at Law* *8484 Wilshire Blvd., Suite 440* *Beverly Hills, CA 90211*. (Benson, A.) |
| Filing 1 COMPLAINT against All Defendants by All Plaintiffs. Attorney Margolin, Allison B. added. (Filing fee $ 402, receipt number 0972-9637137) (Attachments: #1 Civil Cover Sheet)(Margolin, Allison) |
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