Kabir v. Mocek
| Ghesal Kabir and Faryal Kabir |
| Crystal Mocek |
| California Hearing Officers, LLP |
| 2:2022cv01855 |
| October 19, 2022 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Daniel J Calabretta |
| Troy L Nunley |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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Filing 46
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of District Judge Daniel J. Calabretta to the bench of the Eastern District of California, this action is reassigned from *District Judge Troy L. Nunley* to District Judge Daniel J. Calabretta for all further proceedings. All pending motions are submitted without appearance and without oral argument pursuant to Local Rule 230(g) and the hearing on said motions is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. Further, all pretrial conference and trial dates currently set in this reassigned action are VACATED and shall be reset, as necessary, by the reassigned Court. (Benson, A.)
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Filing 45
ORDER signed by Magistrate Judge Deborah Barnes on 2/21/23 DENYING #31 Motion for Protective Order without prejudice to renewal and VACATING the 02/24/23 hearing of defendant's motion.(Licea Chavez, V)
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| Filing 44 JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Defendant Crystal Mocek re #37 Opposition to Motion, #42 Reply, #31 Motion for Protective Order. (Tyra, David) |
| Filing 43 REPLY by Faryal Kabir, Ghesal Kabir to RESPONSE to #34 Motion for Summary Judgment,,,. (Attachments: #1 Declaration of Andrew W. Shalaby, #2 Exhibit A - Elk Grove admission re EGMC 8.06.080 re inavailability of extensions, #3 Exhibit B - exchange re filing amended complaint, #4 Exhibit C - Elk Grove letter denying appeal)(Shalaby, Andrew) |
| Filing 42 REPLY by Crystal Mocek re #31 Motion for Protective Order,. (Attachments: #1 Declaration SUPPLEMENTAL DECLARATION OF DAVID W. TYRA IN SUPPORT OF MOTION FOR PROTECTIVE ORDER)(Tyra, David) |
| Filing 41 WITHDRAWAL of #32 Motion to Quash, filed by California Hearing Officers, LLP. (Ewins, Kathleen) |
| Filing 40 NOTICE of mandatory misconduct report pursuant to ABA 8.3(a) by Faryal Kabir, Ghesal Kabir re #32 Motion for Protective Order; Motion to Quash, #36 Opposition to Motion, #31 Motion for Protective Order. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Shalaby, Andrew) Modified on 12/22/2022 (Mena-Sanchez, L). |
| Filing 39 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 12/20/2022: On the Court's own motion, Defendant's Motion to Dismiss (ECF No. #21 ), and Plaintiff's Motion for Partial Summary Judgment (ECF No. #34 ) are hereby SUBMITTED without oral argument. Accordingly, the hearing set for 1/12/2023 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. Plaintiff may still file a reply brief to the Motion for Partial Summary Judgment in accordance with Local Rule 230(d). (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 38 OPPOSITION by Faryal Kabir, Ghesal Kabir to #32 Motion to Quash,. (Attachments: #1 Declaration of Andrew W. Shalaby, #2 Exhibit A, #3 Exhibit C, #4 Request for Judicial Notice re #37 , #5 Opposition to #31 Motion, #6 Declaration of Andrew W. Shalaby #7 Exhibit)(Shalaby, Andrew) Modified on 12/21/2022 (Mena-Sanchez, L). |
| Filing 37 OPPOSITION by Faryal Kabir, Ghesal Kabir to #31 Motion for Protective Order,. (Attachments: #1 Declaration of Andrew W. Shalaby, #2 Exhibit A, #3 Exhibit S2, #4 Exhibit C)(Shalaby, Andrew) |
| Filing 36 MEMORANDUM of Points of Authorities by Crystal Mocek in OPPOSITION to #34 Motion for Summary Judgment. (Attachments: #1 Response to Statement of Undisputed Material Facts, #2 Statement of Disputed Facts, #3 Objections to Plaintiffs' Evidence, #4 Declaration of David W. Tyra, #5 Declaration of Cyrstel Mocek, #6 Declaration of Alicia Neronde, #7 Index to Defendant's Exhibits)(Tyra, David) Modified on 12/21/2022 (Mena-Sanchez, L). |
| Filing 35 REPLY to #30 Opposition by Crystal Mocek (Tyra, David) Modified on 12/14/2022 (Perdue, C.). |
| Filing 34 MOTION FOR PARTIAL SUMMARY JUDGMENT by Faryal Kabir, Ghesal Kabir. Motion Hearing set for 1/12/2023 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Undisputed Facts, #3 Declaration of Andrew W. Shalaby, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25)(Shalaby, Andrew) Modified on 12/6/2022 (Benson, A.). |
| Filing 33 WITHDRAWAL of #26 Motion for Summary Judgment,, filed by Ghesal Kabir, Faryal Kabir. (Shalaby, Andrew) |
| Filing 32 MOTION for PROTECTIVE ORDER and MOTION to QUASH Deposition Subpoena by Non-Party Witness California Hearing Officers, LLP. Attorney Ewins, Kathleen M. added. Motion Hearing set for 2/17/2023 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Kathleen M. Ewins, #3 Proposed Order)(Ewins, Kathleen) Modified on 12/6/2022 (Benson, A.). |
| Filing 31 MOTION for PROTECTIVE ORDER by Crystal Mocek. Motion Hearing set for 2/24/2023 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of David W. Tyra, #4 Declaration of Cyrstel Mocek)(Tyra, David) |
| Filing 30 OPPOSITION by Faryal Kabir, Ghesal Kabir to #21 Motion to Dismiss,. (Shalaby, Andrew) |
| Filing 29 NOTICE to DISREGARD #27 Memorandum and refer to #28 Memorandum by Faryal Kabir, Ghesal Kabir. (Shalaby, Andrew) Modified on 12/1/2022 (Licea Chavez, V). |
| Filing 28 MEMORANDUM by Faryal Kabir, Ghesal Kabir in support of #26 Motion for Summary Judgment. (Shalaby, Andrew) Modified on 12/1/2022 (Licea Chavez, V). |
| Filing 27 [DISREGARD] MEMORANDUM by Faryal Kabir, Ghesal Kabir in support of #26 Motion for Summary Judgment. (Shalaby, Andrew) Modified on 12/1/2022 (Licea Chavez, V). |
| Filing 26 MOTION FOR SUMMARY JUDGMENT by Faryal Kabir, Ghesal Kabir. Motion Hearing set for 1/12/2023 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum of points and authorities, #2 Statement of Undisputed Facts, #3 Declaration of Andrew W. Shalaby, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22)(Shalaby, Andrew) |
| Filing 25 RESPONSE to #24 Notice of Mandatory Misconduct by Crystal Mocek. (Tyra, David) Modified on 12/1/2022 (Licea Chavez, V). |
| Filing 24 NOTICE of MANDATORY MISCONDUCT REPORTING by Faryal Kabir, Ghesal Kabir (Shalaby, Andrew) Modified on 11/29/2022 (Licea Chavez, V). |
| Filing 23 WITHDRAWAL of #20 Statement re Discovery Disagreement by Faryal Kabir, Ghesal Kabir. (Attachments: #1 Exhibit A)(Shalaby, Andrew) |
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Filing 22
ORDER signed by Magistrate Judge Deborah Barnes on 11/22/2022 DENYING #20 Statement re Discovery Dispute without prejudice to renewal. (Perdue, C.)
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| Filing 21 MOTION to DISMISS by Crystal Mocek. Motion Hearing set for 1/12/2023 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Points and Authorities, #2 Declaration of David Tyra, #3 Request for Judicial Notice)(Tyra, David) |
| Filing 20 STATEMENT re DISCOVERY DISPUTE filed by Faryal Kabir, Ghesal Kabir. (Attachments: #1 Exhibit A - dogs euthanized, #2 Exhibit B - JHobbs letter re dropped charges)(Shalaby, Andrew) Modified on 11/15/2022 (Benson, A.). |
| Filing 19 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Shalaby, Andrew) |
| Filing 18 NOTICE of LODGING meet and confer exchange re Motion to Dismiss and Motion for Protective Order filed by Faryal Kabir, Ghesal Kabir. (Attachments: #1 Exhibit A)(Shalaby, Andrew) Modified on 11/14/2022 (Benson, A.). |
| Filing 17 FIRST AMENDED COMPLAINT against Faryal Kabir by Faryal Kabir. Attorney Shalaby, Andrew Wagdy added.(Shalaby, Andrew) |
| Filing 16 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 10/26/2022: The Court has reviewed Plaintiff's "Request for Hearing to Set Briefing Schedule for Early Motion for Summary Judgment." (ECF No. #8 .) The Court is unable to discern the legal basis for Plaintiff's request and finds there is not good cause to grant the request. The Court therefore DENIES the request. Moving forward, Plaintiff's counsel should refer to and comply with the Pretrial Scheduling Order (ECF No. #4 ) and the Eastern District of California's Local Rules. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 15 REPLY by Ghesal Kabir to response to #8 Request. (Attachments: #1 Exhibit A)(Shalaby, Andrew) Modified on 10/26/2022 (Zignago, K.). |
| Filing 14 NOTICE of APPEARANCE by Suzanne E. Kennedy on behalf of Crystal Mocek. Attorney Kennedy, Suzanne E. added. (Kennedy, Suzanne) |
| Filing 13 NOTICE of APPEARANCE by Jonathan Hobbs on behalf of Crystal Mocek. Attorney Hobbs, Jonathan added. (Hobbs, Jonathan) |
| Filing 12 OPPOSITION by Crystal Mocek to #8 Request. (Tyra, David) |
| Filing 11 NOTICE of APPEARANCE by David W. Tyra on behalf of Crystal Mocek. Attorney Tyra, David W. added. (Tyra, David) |
| Filing 10 EXHIBIT A re #8 Request for Hearing. (Attachments: #1 Exhibit A - submission to Elk Grove City re error in statute and form pertaining to these related matters)(Shalaby, Andrew) Modified on 10/24/2022 (Benson, A.). |
| Filing 9 CORRECTED #8 CERTIFICATE OF SERVICE of Sonia Dunn-Ruiz. (Shalaby, Andrew) Modified on 10/24/2022 (Benson, A.). |
| Filing 8 REQUEST for HEARING to set briefing schedule for early Motion for Summary Judgment by Ghesal Kabir (Attachments: #1 Exhibit A)(Shalaby, Andrew) Modified on 10/24/2022 (Benson, A.). |
| Filing 7 [DISREGARD - COUNSEL TO REFILE ON PLEADING PAPER AND CAPTION] NOTICE of RESPONSE from Elk Grove. (Shalaby, Andrew) Modified on 10/21/2022 (Benson, A.). |
| Filing 6 [DISREGARD - COUNSEL TO REFILE ON PLEADING PAPER AND CAPTION] NOTICE of INTENT to File Ex Parte Motion for Release of Zeus the Dog, by Ghesal Kabir. (Attachments: #1 Exhibit A - acknowledgment of receipt by City Attorney J. Hobbs, #2 Exhibit B - acknowledgment of receipt by Attorney S. Kennedy, #3 Exhibit C - acknowledgment of receipt by Attorney Tyra)(Shalaby, Andrew) Modified on 10/21/2022 (Benson, A.). |
| Filing 5 NOTICE of RELATED CASE(S) 2:22-cv-01661-TLN-DB and 2:22-cv-1855 TLN DB by Ghesal Kabir. (Shalaby, Andrew) Modified on 10/21/2022 (Benson, A.). |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Mena-Sanchez, L) |
| Filing 3 SUMMONS ISSUED as to *Crystal Mocek* with answer to complaint due within *21* days. Attorney *Andrew Wagdy Shalaby* *East Bay Law* *7525 Leviston Avenue* *El Cerrito, CA 94530*. (Mena-Sanchez, L) |
| Filing 2 CIVIL COVER SHEET by Ghesal Kabir (Shalaby, Andrew) |
| Filing 1 COMPLAINT against Crystal Mocek by Ghesal Kabir. Attorney Shalaby, Andrew Wagdy added. (Filing fee $ 402, receipt number ACAEDC-10503173) (Shalaby, Andrew) |
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