Kabir v. City of Elk Grove et al
| Faryal Kabir and Ghesal Kabir |
| City of Elk Grove and Bobbie Singh-Allen |
| 2:2022cv01661 |
| September 21, 2022 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Troy L Nunley |
| Civil Rights: Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 37 REPLY by City of Elk Grove, Bobbie Singh-Allen to RESPONSE to #22 Motion to Dismiss,. (Tyra, David) |
| Filing 36 RESPONSE to #35 Mandatory Attorney Misconduct Reporting. (Tyra, David) Modified on 11/4/2022 (Licea Chavez, V). |
| Filing 35 NOTICE of MANDATORY ATTORNEY MISCONDUCT REPORTING by Faryal Kabir. (Attachments: #1 Exhibit S1, #2 Exhibit S2, #3 Exhibit S3, #4 Exhibit S4)(Shalaby, Andrew) Modified on 11/3/2022 (Licea Chavez, V). |
| Filing 34 NOTICE re Zeus by Faryal Kabir (Attachments: #1 Exhibit definition of "euthanize" distinguished from "kill")(Shalaby, Andrew) Modified on 11/2/2022 (Licea Chavez, V). |
| Filing 33 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 10/28/2022: On the Court's own motion, Defendants' Motion to Dismiss (ECF No. #22 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 11/17/2022 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. Defendants may still file a reply brief in accordance with Local Rule 230(d). (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 32 OPPOSITION by Faryal Kabir to #22 Motion to Dismiss,. (Attachments: #1 Notice Request for Judicial Notice ISO Opposition to MTD, #2 Declaration Decl of Kabir ISO Opposition to Motion's to Dismiss)(Kelly, Christine) |
| Filing 31 MOTION for Correct Controlling Error re 30 Minute Order by Faryal Kabir. (Attachments: #1 Declaration of Andrew W. Shalaby)(Shalaby, Andrew) Modified on 10/27/2022 (Zignago, K.). |
| Filing 30 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 10/26/2022: The Court has reviewed Plaintiff's "Ex Parte Application for Order Directing Defense Counsel to Abide by Duty of Candor re the Court's Error on Order Document 20." (ECF No. #28 .) The Court is unable to discern the legal basis for Plaintiff's ex parte application and finds there is not good cause to grant the request. Plaintiff argues the Court relied on Defendant's misrepresentation that there was a second administrative hearing in denying Plaintiff's TRO. (ECF No. #28 at 2.) Plaintiff's assertion that there was not a second administrative hearing is contradicted by Defendants' evidence (ECF No. 13-2) as well as Plaintiff's own allegations (ECF No. #11 at 6). However, even if there was such a misrepresentation, it was not material to this Court's ruling. The Court denied the TRO based on Younger abstention due to parallel proceedings in state court. Accordingly, the Court DENIES Plaintiff's ex parte application. (ECF No. #28 .) (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 29 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 10/26/2022: The Court is in receipt of Plaintiff's Ex Parte Application (ECF No. #28 ), which is improperly noticed. Accordingly, the hearing set for 10/27/2022 is hereby VACATED. If the Court determines a hearing is necessary, the Court will set a hearing date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 28 EX PARTE APPLICATION for Order Directing Defense Counsels to Abide by Duty of Candor re Error on Court's order dkt. 20 caused by her misrepresentation by Faryal Kabir. Hearing set for 10/27/2022 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Exhibit A)(Shalaby, Andrew) Modified on 10/26/2022 (Krueger, M). |
| Filing 27 NOTICE of APPEARANCE by Andrew Wagdy Shalaby on behalf of Faryal Kabir. Attorney Shalaby, Andrew Wagdy added. (Shalaby, Andrew) |
| Filing 26 NOTICE of RELATED CASE(S) 2:22-cv-01855-TLN-DB and 2:22-cv-1661 TLN DB by Ghesal Kabir. (Shalaby, Andrew) Modified on 10/21/2022 (Benson, A.). |
| Filing 25 NOTICE of INTENT to FILE SEPARATE RELATED ACTION and REQUEST for INSTRUCTIONS by Ghesal Kabir. (Shalaby, Andrew) (note: new case filed is 2:22-cv-1855 TLN DB) Modified on 10/20/2022 (Benson, A.). |
| Filing 24 NOTICE of INTENT to MOVE for SANCTIONS and Related Correspondence filed by Ghesal Kabir. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Shalaby, Andrew) Modified on 10/20/2022 (Benson, A.). |
| Filing 23 JOINDER in ACTION by Ghesal Kabir. Attorney Shalaby, Andrew Wagdy added. (Shalaby, Andrew) Modified on 10/20/2022 (Benson, A.). |
| Filing 22 MOTION to DISMISS by City of Elk Grove, Bobbie Singh-Allen. Motion Hearing set for 11/17/2022 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of David W. Tyra)(Tyra, David) |
| Filing 21 NOTICE of APPEARANCE by David W. Tyra on behalf of City of Elk Grove, Bobbie Singh-Allen. Attorney Tyra, David W. added. (Tyra, David) |
Filing 20
ORDER signed by District Judge Troy L. Nunley on 9/28/2022 DENYING Plaintiff's Motion for Temporary Restraining Order. (ECF No. #3 .) The Court STAYS the instant action with the exception of Plaintiff's first claim but only to the extent the first claim seeks damages and is predicated on an alleged Fourth Amendment violation. The claims that the Court stays in the instant Order shall remain stayed until the Court orders otherwise. The parties shall file a Joint Status Report notifying the Court not later than thirty (30) days from the conclusion of the underlying state proceedings and explaining whyYounger abstention is no longer warranted. (Krueger, M)
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| Filing 19 SUPPLEMENTAL #15 REQUEST for JUDICIAL NOTICE by Faryal Kabir. (Kelly, Christine) Modified on 9/27/2022 (Benson, A.). |
| Filing 18 DECLARATION of Pali Boucher in support of #3 Motion for TRO. (Kelly, Christine) |
| Filing 17 DECLARATION of Faryal Kabir in support of #3 Motion for TRO. (Kelly, Christine) |
| Filing 16 NOTICE OF ERRATA by City of Elk Grove re #13 Opposition. (Hobbs, Jonathan) Modified on 9/27/2022 (Reader, L). |
| Filing 15 REQUEST for JUDICIAL NOTICE by Faryal Kabir in re #14 Reply. (Kelly, Christine) |
| Filing 14 REPLY by Faryal Kabir re #13 Opposition. (Kelly, Christine) |
| Filing 13 OPPOSITION to #3 Motion for TRO by City of Elk Grove. #1 Declaration of Suzanne E. Kennedy, #2 Declaration of Sarah Humlie, #3 Request for Judicial Notice) Attorney Hobbs, Jonathan added. (Hobbs, Jonathan) Modified on 9/26/2022 (Reader, L). |
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Filing 12
ORDER signed by District Judge Troy L. Nunley on September 22, 2022 GRANTING Plaintiff's Motion for a Temporary Restraining Order. (ECF No. #3 .) Defendants are enjoined from euthanizing Zeus until September 28, 2022. Plaintiff is ordered to serve Defendants with this Order as soon as possible. Defendants shall file a response not later than 5:00 P.M. on Monday, September 26, 2022. Plaintiff shall file her reply, if any, not later than 12:00 P.M. on Tuesday, September 27, 2022. (Krueger, M)
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| Filing 11 FIRST AMENDED COMPLAINT against All Defendants by Faryal Kabir.(Kelly, Christine) |
| Filing 10 DECLARATION of James W. Crosby, M.S., CBCC-KA in support of #3 Motion for TRO. (Kelly, Christine) |
| Filing 9 DECLARATION of Christine Kelly in support of #3 Motion for TRO. (Kelly, Christine) |
| Filing 8 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Donati, J) |
| Filing 7 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Troy L. Nunley. The new case number is: 2:22-cv-1661 TLN DB. (Donati, J) |
| Filing 6 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 9/21/2022: On the Court's own motion and pursuant to the senior status of District Judge John A. Mendez, the Clerk's Office is DIRECTED to reassign this case to another district judge for all further proceedings. IT IS SO ORDERED. (cc: Operations Supervisor) [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Licea Chavez, V) |
| Filing 4 SUMMONS ISSUED as to *City of Elk Grove, Bobbie Singh-Allen* with answer to complaint due within *21* days. Attorney *Christine Louise Kelly* *The Animal Law Office* *454 Las Gallinas Ave. #106* *San Rafael, CA 94903*. (Licea Chavez, V) |
| Filing 3 MOTION for TEMPORARY RESTRAINING ORDER by Faryal Kabir. (Attachments: #1 Proposed Order, #2 TRO Checklist) (Kelly, Christine) |
| Filing 2 CIVIL COVER SHEET by Faryal Kabir (Kelly, Christine) |
| Filing 1 COMPLAINT against All Defendants by Faryal Kabir. Attorney Garcia, Christine Louise added. (Filing fee $ 402, receipt number ACAEDC-10451563) (Kelly, Christine) |
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