Khan et al v. City of Lodi, CA et al
Shakir Khan, Umer Hayat, Adnan Bilal, Saad Khan, Bushra Shaheen, Nasar Khan, Mir A Khan, Somiya Bibi, Muhammad Asif, Safdar Khan, Muhammad Bilal Khan and Mir A. Khan |
City of Lodi, California, Mikey Hothi, The City Council of the City of Lodi and City Council of the City of Lodi |
2:2023cv00566 |
March 24, 2023 |
US District Court for the Eastern District of California |
Dale A Drozd |
Kendall J Newman |
Civil Rights: Voting |
28 U.S.C. § 2201 Injunction |
None |
Docket Report
This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.
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Filing 21 TRANSCRIPT REQUEST for proceedings held on 3/29/2023 before Judge Judge Drozd. Court Reporter Jennifer Coulthard. (Coulthard, J) |
Filing 20 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 5/16/2023: Pursuant to the parties' #19 Stipulation, this action is dismissed without prejudice. All pending deadlines and hearing dates in this action, if any, are vacated. The Clerk of the Court is directed to close this case. Civil Case Terminated. CASE CLOSED.(Buzo, P) |
Filing 19 STIPULATION for Dismissal of Complaint Without Prejudice by City Council of the City of Lodi, City of Lodi, California, Mikey Hothi. (Leoni, Marguerite) |
Filing 18 TRANSCRIPT REQUEST by City Council of the City of Lodi, City of Lodi, California, Mikey Hothi for proceedings held on March 29, 2023 before Judge Dale A. Drozd. Court Reporter Jennifer Coulthard. (Leoni, Marguerite) |
Filing 17 STIPULATION for Extension of Time to file responsive pleading re #1 Complaint by City Council of the City of Lodi, City of Lodi, California, Mikey Hothi. (Leoni, Marguerite) Modified on 4/17/2023 (Mena-Sanchez, L). |
Filing 16 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/10/2023: On 3/31/2023, the court issued an #14 Order denying plaintiffs' #3 motion for a temporary restraining order and directing the parties to meet and confer as to whether the court may adopt that order in ruling on plaintiffs' then pending #2 Motion for Preliminary Injunction and file a joint response outlining their positions in that regard. On 4/5/2023, the parties filed their #15 Response, wherein they state that plaintiffs have withdrawn their #2 Motion for Preliminary Injunction. Accordingly, the Court of the Clerk is directed to update the docket to reflect that plaintiffs' #2 Motion for Preliminary Injunction has been withdrawn.(Buzo, P) |
Filing 15 JOINT RESPONSE and Proposed Order by City Council of the City of Lodi, City of Lodi, California, Mikey Hothi to #14 Order. (Leoni, Marguerite) Modified on 4/13/2023 (Reader, L). |
Filing 14 ORDER signed by District Judge Dale A. Drozd on 3/30/2023 DENYING #3 Motion for Temporary Restraining Order. Defendants' request for judicial notice (Doc. No. #10 -1) is DENIED as MOOT. Defendants' evidentiary objections (Doc. No. #10 -2) are OVERRULED as MOOT, and the parties are directed to meet and confer as to whether any further evidence or briefing need be presented or whether the court may adopt this order in ruling on the pending motion for a preliminary injunction #2 . The parties shall file a joint response outlining their position(s) in this regard no later than 4/7/2023.(Reader, L) |
Filing 13 MINUTES (Text Only) for proceedings held via video conference before District Judge Dale A. Drozd: MOTION HEARING held on 3/29/2023 re #3 Motion for Temporary Restraining Order filed by Shakir Khan. Allen Sawyer appeared by video on behalf of plaintiffs. Marguerite Leoni appeared by video on behalf of defendants. Court addressed counsel as to any changes since filing of Motion for Temporary Restraining Order as stated on the record. Mr. Sawyer addressed the court and informed court as to selection of possible replacement candidates. Court addressed motion for preliminary injunction in conjunction for Motion for Temporary Restraining Order as stated on the record. Mr. Sawyer addressed the court. Ms. Leoni addressed the court as to motions, as stated on the record. Court took brief recess. Court back in session. After hearing of arguments, for reasons stated at the hearing on 3/29/2023, pltfs' #3 Motion for Temporary Restraining Order DENIED, as stated on the record. Brief written order to be issued. Plaintiffs Counsel Allen Sawyer present by video. Defendants Counsel Marguerite Leoni present video. Court Reporter/CD Number: Jennifer Coulthard. (Buzo, P) |
Filing 12 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/28/2023: On 3/24/2023, plaintiff filed a #3 Motion for Temporary Restraining Order. The court hereby sets the pending #3 Motion for a hearing on Wednesday, 3/29/2023 at 02:00 PM before District Judge Dale A. Drozd Zoom. The parties are referred to Judge Drozd's [5-1] Standing Order for Zoom appearance information.(Buzo, P) |
Filing 11 SUPPLEMENT Memorandum to the Court by City Council of the City of Lodi, City of Lodi, California, Mikey Hothi re 8 Minute Order. (Leoni, Marguerite) Modified on 3/30/2023 (Reader, L). |
Filing 10 OPPOSITION by City Council of the City of Lodi, City of Lodi, California, Mikey Hothi to #2 Motion for Preliminary Injunction, #3 Motion for Temporary Restraining Order,. Attorney Leoni, Marguerite Mary added. (Attachments: #1 Request for Judicial Notice, #2 Evidentiary Objections, #3 Proof of Service)(Leoni, Marguerite) Modified on 3/30/2023 (Reader, L). |
Filing 9 MEMORANDUM by Shakir Khan in SUPPORT OF re #3 Motion for Temporary Restraining Order filed by Shakir Khan. (Sawyer, Neat) |
Filing 8 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/27/2023: In plaintiffs' pending #3 Motion for Temporary Restraining Order, plaintiffs state that "on March 29, 2023 the Council... may vote to install another person in Khan's Council seat." (Doc. No. #3 at 9.) Plaintiffs do not specify the time that the alleged meeting is supposed to take place. Therefore, the court hereby directs the parties to notify the court of the expected start time of this alleged meeting. To that end, in the response that defendants have been directed to file by 9:00 a.m. PT on 3/28/2023 (see Doc. No. 6 ), defendants shall state their understanding of the date and starting time of the alleged meeting. Similarly, by 5:00 p.m. PT on 3/27/2023, plaintiff Shakir Khan shall file a statement clarifying the time that he believes the alleged meeting will start and the basis for that belief.(Buzo, P) |
Filing 7 CERTIFICATE / PROOF of SERVICE by Shakir Khan re #1 Complaint, #2 Motion for Preliminary Injunction, #3 Motion for Temporary Restraining Order, [ 6 ] Minute Order. (Sawyer, Neat) Modified on 3/27/2023 (Reader, L). |
Filing 6 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/24/2023: On 3/24/2023, plaintiffs filed a #3 Motion for Temporary Restraining Order, requesting a hearing "as soon as practicable." (Doc. No. [3 at 1]) Defendants shall be given an opportunity to file a response to plaintiffs' motion for a temporary restraining order by 9:00 a.m. PT on 3/28/2023. The court may set a hearing on plaintiff's pending #3 motion for a temporary restraining order upon review of such response. Plaintiffs are directed to promptly serve a copy of this minute order on the City Attorney for the City of Lodi, Janice Magdich (jmagdich@lodi.gov). City Attorney Magdich is requested to forward this order to the appropriate counsel representing the named defendants in this action. No later than 9:00 a.m. PT on 3/27/2023, plaintiffs shall file a proof of service reflecting that plaintiff has served defendants with: (1) a copy of the #1 complaint, (2) the pending #2 motion for a preliminary injunction, (3) the pending #3 motion for a temporary restraining order, and (4) this minute order.(Buzo, P) |
Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/8/2023 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Donati, J) |
Filing 4 SUMMONS ISSUED as to *City of Lodi, California, Mikey Hothi, The City Council of the City of Lodi* with answer to complaint due within *21* days. Attorney *Neat Allen Sawyer* *Law Office of Allen Sawyer* *4578 Feather River Drive Suite D* *Stockton, CA 95219-6510*. (Donati, J) |
Filing 3 EX PARTE APPLICATION for TEMPORARY RESTRAINING ORDER filed by Shakir Khan. (Attachments: #1 Declaration of Allen Sawyer, #2 Affidavit of Notice and Existence of Irreparable Harm, #3 Declaration of Shakir Khan, #4 Exhibits A & B, #5 Proposed Order, #6 TRO Checklist)(Sawyer, Neat) (Docket Text Modified on 3/24/2023 by C. Schultz.) |
Filing 2 MOTION for PRELIMINARY INJUNCTION filed by Shakir Khan. (Attachments: #1 Declaration of Allen Sawyer, #2 Exhibit A & B)(Sawyer, Neat) (Docket Text Modified on 3/24/2023 by C. Schultz) |
Filing 1 COMPLAINT against All Defendants by Shakir Khan. (Filing fee $ 402, receipt number ACAEDC-10767155) (Attachments: #1 Exhibit A & B)(Sawyer, Neat) |
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