Krause et al v. Chawla et al
| Ernest Krause and Frederick Mitchell |
| Manjari Chawla, Leah T. Wilson, Ruben Duran, George S. Cardona, Ryan T. Chin, Tiffany F. Sorensen, Michael Nguyen, State Bar of California, State Bar Court, State Bar Stakeholders, Keith M. Banks, Dawn Wigeri van Edema, Alex J. Hackert, William R. Maroni and Lawrence T. Ring |
| 2:2023cv02307 |
| October 11, 2023 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Dale A Drozd |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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| Filing 53 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 12/8/2023: Having reviewed defendants' #43 #51 #52 motions and supporting declarations and plaintiffs' filings to date, the court shares defendants' concerns regarding plaintiffs' conduct in this litigation, including several premature and improper filings in this action. Accordingly, the court finds it necessary to order as follows: (1) Plaintiffs' #10 motion for class certification is DENIED as premature, without prejudice to plaintiffs filing a motion for class certification consistent with the deadlines that will be set forth in the scheduling order that this court will issue following a scheduling conference in this case; (2) The parties shall not engage in any formal discovery in this action until after the court issues a scheduling order to govern this case; (3) Because formal discovery has not yet begun, plaintiffs' #24 #30 notices of admitted matters are premature; (4) A scheduling conference will not be held until after the court rules on defendants' anticipated motion to dismiss plaintiffs' #36 first amended complaint; (5) Until a scheduling order issues, the parties shall not file any motions in this action without first obtaining leave of court to do so, with the exceptions that defendants may file their anticipated motion to dismiss in response to plaintiffs' #36 first amended complaint; (6) Until a scheduling order issues, plaintiffs shall not file any documents in this case without first obtaining leave of court to do so, with the exception that plaintiffs may still file (i) a reply in support of their motion for a preliminary injunction, (ii) a response to the anticipated motion to dismiss, and (iii) any remaining briefing for defendants' #26 #33 motion to set aside entry of default; (7) Defendants' #43 #51 motions are granted in part, as provided herein; and (8) Defendants' #52 motion to shorten time is denied as having been rendered moot by this order.(Buzo, P) |
| Filing 52 MOTION for ORDER SHORTENTING TIME re #51 Motion for Interim Scheduling Order by George S. Cardona, et al., (Attachments: #1 Proposed Order)(Banerjee, Anik) Modified on 12/8/2023 (Benson, A.). |
| Filing 51 MOTION for INTERIM SCHEDULING ORDER by George S. Cardona, et al., Motion Hearing set for 1/16/2024 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Proposed Order)(Banerjee, Anik) Modified on 12/8/2023 (Benson, A.). |
| Filing 50 NOTICE of REPRESENTATION by Ernest Krause, Frederick Mitchell per (#48) Minute Order. (Attachments: #1 Proof of Service)(Krause, Ernest) Modified on 12/8/2023 (Benson, A.). |
| Filing 49 OPPOSITION by George S. Cardona, et al., to #15 Motion for Preliminary Injunction. (Attachments: #1 Declaration of Tara Malaowala)(Banerjee, Anik) Modified on 12/8/2023 (Benson, A.). |
| Filing 48 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 12/7/2023: Due to the confusion caused by the attorney captions and signature blocks in plaintiffs' filings in this action and the lack of clarity as to the status of each plaintiff's representation, the court hereby orders that both plaintiffs--Ernest Krause and Frederick Mitchell--are required to appear at the hearing scheduled for 12/19/2023 at 1:30 PM before District Judge Dale A. Drozd by Zoom. Plaintiffs will be asked to clarify the status of their representation, including whether plaintiff Mitchell is intending to represent himself pro se in this action.(Buzo, P) |
Filing 47
ORDER signed by District Judge Dale A. Drozd on 12/6/2023 DENYING #34 Request to Seal. Defendants shall file the unredacted version of their opposition to the pending motion for a preliminary injunction #15 no later than 12/8/2023; and Plaintiffs shall file their reply to State Bar Defendants' opposition by no later than 12/11/2023. (Mena-Sanchez, L)
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| Filing 46 REQUEST FOR ENTRY OF DEFAULT DECLINED as to George S. Cardona, Manjari Chawla, Ryan T. Chin, Ruben Duran, Michael Nguyen, Tiffany F. Sorensen, State Bar of California, Leah T. Wilson. The clerk hereby declines to enter #45 Request for Entry of Default, filed by Ernest Krause, Frederick Mitchell, due to Defendants given until 12/28/2023 to file response to complaint pursuant to #23 Minute Order. (TEXT ONLY) (Benson, A.) |
| Filing 45 REQUEST FOR ENTRY OF DEFAULT as to George S. Cardona, Manjari Chawla, Ryan T. Chin, Ruben Duran, Michael Nguyen, Tiffany F. Sorensen, State Bar of California, Leah T. Wilson by Frederick Mitchell, Ernest Krause. (Attachments: #1 Declaration, #2 Proof of Service)(Krause, Ernest) |
| Filing 44 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Deborah Barnes on 12/6/2023: Defendants' #43 Motion for Administrative Relief Seeking Interim Order Governing Motion Practice and Discovery is defective. Counsel is instructed to comply with Local Rule 230(a) and re-notice the motion before District Judge Drozd. Any proposed order that accompanies the motion must be submitted in compliance with Local Rule 137(b) to the following email address: dadorders@caed.uscourts.gov. (Her, S) |
| Filing 43 MOTION for INTERIM ORDER governing Motion Practice and Discovery by George S. Cardona, et al., (Attachments: #1 Proposed Order)(Banerjee, Anik) Modified on 12/6/2023 (Benson, A.). |
| Filing 42 SUMMONS RETURNED EXECUTED: Lawrence T. Ring served on 12/5/2023, answer due 12/26/2023. (Attachments: #1 Proof of Service)(Krause, Ernest) |
| Filing 41 SUMMONS RETURNED EXECUTED: Dawn Wigeri van Edema served on 12/4/2023 (Attachments: #1 Proof of Service)(Krause, Ernest) Modified on 12/6/2023 (Benson, A.). |
| Filing 40 SUMMONS RETURNED EXECUTED: Keith M. Banks served on 12/4/2023 (Attachments: #1 Proof of Service)(Krause, Ernest) Modified on 12/6/2023 (Benson, A.). |
| Filing 39 [DISREGARD - TO BE REFILED WITH CAPTION PAGE] SUMMONS RETURNED EXECUTED: Dawn Wigeri van Edema served on 12/4/2023, answer due 12/26/2023. (Krause, Ernest) Modified on 12/5/2023 (Benson, A.). |
| Filing 38 [DISREGARD - TO BE REFILED WITH CAPTION PAGE] SUMMONS RETURNED EXECUTED: Keith M. Banks served on 12/4/2023, answer due 12/26/2023. (Krause, Ernest) Modified on 12/5/2023 (Benson, A.). |
| Filing 37 SUMMONS ISSUED as to *Keith M. Banks, Alex J. Hackert, William R. Maroni, Lawrence T. Ring, Dawn Wigeri van Edema* with answer to complaint due within *21* days. Attorney *Ernest Krause* *Krause & Associates* *4540 Florin Road, Suite E-224* *Sacramento, CA 95823*. (Benson, A.) |
| Filing 36 FIRST AMENDED COMPLAINT against All Defendants by Frederick Mitchell, Ernest Krause. (Attachments: #1 Proof of Service)(Krause, Ernest) |
| Filing 35 OPPOSITION/REQUEST for JUDICIAL NOTICE by George S. Cardona, et al., to #15 Motion for Preliminary Injunction. (Attachments: #1 Exhibit A, #2 Exhibit B)(Banerjee, Anik) Modified on 12/4/2023 (Benson, A.). |
| Filing 34 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by George S. Cardona, et al., (Banerjee, Anik) Modified on 12/4/2023 (Benson, A.). |
| Filing 33 MOTION to SET ASIDE #22 Clerk's Entry of Default by George S. Cardona et al.,. Motion Hearing set for 1/5/2024 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Banerjee, Anik) Modified on 11/29/2023 (Clemente Licea, O). |
| Filing 32 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 11/28/2023: The parties are notified that the #25 Motion for Default Judgment has been improperly noticed before District Judge Dale A. Drozd. Pursuant to Local Rule 302(c)(19), this motion shall be heard before the assigned Magistrate Judge, Deborah Barnes. The filer is instructed to re-notice the motion for a hearing before Magistrate Judge Barnes. In addition, the pending #26 motion to set aside and #29 motion to strike shall also be re-noticed for a hearing before Magistrate Judge Barnes, for the issuance of findings and recommendations as appropriate. Accordingly, the hearing on the pending #26 motion currently set for 1/2/2024 before Judge Drozd is hereby VACATED.(Buzo, P) |
| Filing 31 OPPOSITION by Ernest Krause, Frederick Mitchell to #29 Motion to Strike. (Attachments: #1 Declaration of Ernest Krause, #2 Proposed Order, #3 Proof of Service)(Krause, Ernest) Modified on 11/28/2023 (Benson, A.). |
| Filing 30 NOTICE of MATTERS by Plaintiffs. (Attachments: #1 Declaration of Ernest Krause, #2 Proof of Service)(Krause, Ernest) Modified on 11/28/2023 (Benson, A.). |
| Filing 29 MOTION to STRIKE #25 Ex Parte Motion for Default Judgment; MOTION to ADDRESS Anticipated Briefing Schedule by George S. Cardona, et al.,(Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Banerjee, Anik) Modified on 11/28/2023 (Benson, A.). |
| Filing 28 DECLARATION of Ernest Krause in support of #25 Motion for Default Judgment. (Attachments: #1 Declaration of Frederick Mitchell)(Krause, Ernest) Modified on 11/22/2023 (Benson, A.). |
| Filing 27 PROPOSED ORDER re #25 Motion for Default Judgment. (Attachments: #1 Request for Judicial Notice)(Krause, Ernest) Modified on 11/22/2023 (Benson, A.). |
| Filing 26 MOTION to SET ASIDE #22 Clerk's Entry of Default of State Bar Court by State Bar Court. Attorney Banerjee, Anik added. Motion Hearing set for 1/2/2024 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Exhibit A)(Banerjee, Anik) Modified on 11/22/2023 (Benson, A.). |
| Filing 25 EX PARTE MOTION for DEFAULT JUDGMENT by Ernest Krause, Frederick Mitchell. (Attachments: #1 Memorandum)(Krause, Ernest) |
| Filing 24 NOTICE of MATTERS ADMITTED filed by Plaintiffs Ernest Krause, Frederick Mitchell. (Attachments: #1 Declaration of Ernest Krause, #2 Proof of Service)(Krause, Ernest) Modified on 11/21/2023 (Benson, A.). |
| Filing 23 MINUTE ORDER issued by Relief Courtroom Deputy M. Francel for District Judge Dale A. Drozd on 11/20/2023: Having considered defendants' #19 ex parte application and plaintiffs' #21 opposition thereto, the court hereby GRANTS defendants' #19 ex parte application, in part. Defendants Manjari Chawla, Leah T. Wilson, Ruben Duran, George S. Cardona, Ryan T. Chin, Tiffany F. Sorensen, Michael Nguyen, and the State Bar of California shall file a responsive pleading to plaintiffs' complaint no later than 12/28/2023. In addition, they shall file an opposition to plaintiffs' #15 motion for a preliminary injunction no later than 12/1/2023. (Text Only Entry) (Francel, M.) |
| Filing 22 CLERK'S ENTRY OF DEFAULT as to *State Bar Court * (Reader, L) |
| Filing 21 OPPOSITION by Ernest Krause, Frederick Mitchell to #19 Ex Parte Application. (Attachments: #1 Proof of Servic)(Krause, Ernest) |
| Filing 20 REQUEST FOR ENTRY OF DEFAULT as to State Bar Court by Frederick Mitchell, Ernest Krause. (Attachments: #1 Declaration of Ernest Krause, #2 Proof of Service)(Krause, Ernest) Modified on 11/17/2023 (Reader, L). |
| Filing 19 EX PARTE APPLICATION by George S. Cardona, et al., for Extension of time to file responsive pleading. (Attachments: #1 Proposed Order)(Banerjee, Anik) Modified on 11/17/2023 (Reader, L). |
| Filing 18 REQUEST for JUDICIAL NOTICE by Ernest Krause, Frederick Mitchell in re #15 Motion for Preliminary Injunction. (Attachments: #1 Proof of Service for Redacted Request for Judicial Notice)(Krause, Ernest) Modified on 11/16/2023 (Benson, A.). |
| Filing 17 REQUEST for JUDICIAL NOTICE by Ernest Krause, Frederick Mitchell in re #15 Motion for Preliminary Injunction. (Attachments: #1 Declaration of Attorney Ernest Krause, #2 Proof of Service )(Krause, Ernest) Modified on 11/16/2023 (Benson, A.). |
| Filing 16 CERTIFICATE / PROOF of SERVICE by Ernest Krause, Frederick Mitchell re #15 Motion for Preliminary Injunction. (Krause, Ernest) Modified on 11/16/2023 (Benson, A.). |
| Filing 15 MOTION for PRELIMINARY INJUNCTION by Ernest Krause, Frederick Mitchell. Motion Hearing set for 12/19/2023 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Points and Authorities, #2 Declaration Frederick Mitchell, #3 Proposed Order, #4 Proof of Service)(Krause, Ernest) Modified on 11/16/2023 (Benson, A.). |
| Filing 14 MINUTE ORDER (Text Only) issued by Courtroom Deputy for Magistrate Judge Deborah Barnes on 10/30/2023: Plaintiffs' Motion to Certify Class (ECF No. #10 ) is defective. Counsel is instructed to comply with Local Rule 230(a) and re-notice the motion before District Judge Dale A. Drozd. Accordingly, the 11/24/2023 hearing before Magistrate Judge Barnes is vacated. Plaintiffs' counsel is directed to contact Courtroom Deputy Pete Buzo for District Judge Dale A. Drozd, via email at PBuzo@caed.uscourts.gov, to obtain an available date to notice the motion for hearing. (Her, S) |
| Filing 13 CERTIFICATE OF SERVICE by All Plaintiffs. (Attachments: #1 Standing Order)(Krause, Ernest) Modified on 10/30/2023 (Mena-Sanchez, L). |
| Filing 12 PROPOSED ORDER re #10 Motion for Class Certification by Ernest Krause, Frederick Mitchell. (Krause, Ernest) Modified on 10/30/2023 (Mena-Sanchez, L). |
| Filing 11 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Dale A. Drozd and Magistrate Judge Deborah Barnes. The new case number is: 2:23-cv-02307 DAD DB. (Clemente Licea, O) |
| Filing 10 MOTION FOR CLASS CERTIFICATION by Ernest Krause, Frederick Mitchell. Motion Hearing SET for 11/24/2023 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Attorney Ernest Krause, #4 Declaration of Frederick Mitchell (4L), #5 Declaration of LaTasha Richardson, J.D., #6 Proposed Order, #7 Proof of Service)(Krause, Ernest) Modified on 10/30/2023 (Mena-Sanchez, L). |
| Filing 9 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. (Attachments: #1 Consent Form Decline Magistrate Judge)(Krause, Ernest) |
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Filing 8
ORDER signed by Magistrate Judge Deborah Barnes on 10/25/2023 GRANTING #6 Motion for Extension of Time. Defendants shall file a response to #1 Complaint on or before 11/30/2023.(Lopez, K)
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| Filing 7 OBJECTION by Ernest Krause, Frederick Mitchell to #6 Ex Parte Application for Extension of Time. (Attachments: #1 Proof of Service)(Krause, Ernest) Modified on 10/24/2023 (Benson, A.). |
| Filing 6 EX PARTE APPLICATION for EXTENSION of TIME by George S. Cardona, et al., to file responsive pleading. Attorney Banerjee, Anik added. (Attachments: #1 Proposed Order)(Banerjee, Anik) Modified on 10/24/2023 (Benson, A.). |
| Filing 5 CERTIFICATE / PROOF of SERVICE re Discovery by Ernest Krause, Frederick Mitchell. (Attachments: #1 Proof of Service re Discovery, #2 Proof of Service re Discovery)(Krause, Ernest) Modified on 10/24/2023 (Benson, A.). |
| Filing 4 SUMMONS RETURNED EXECUTED: All Defendants served on 10/12/2023. (Krause, Ernest) Modified on 10/16/2023 (Licea Chavez, V). |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Licea Chavez, V) |
| Filing 2 SUMMONS ISSUED as to *George S. Cardona, Manjari Chawla, Ryan T. Chin, Ruben Duran, Michael Nguyen, Tiffany F. Sorensen, State Bar Court, State Bar Stakeholders, State Bar of California, Leah T. Wilson* with answer to complaint due within *21* days. Attorney *Ernest Krause* *Krause & Associates* *4540 Florin Road Suite E-224* *Sacramento, CA 95823*. (Licea Chavez, V) |
| Filing 1 COMPLAINT against All Defendants by Ernest Krause, Frederick Mitchell . Attorney Krause, Ernest added. (Filing fee $ 402, receipt number ACAEDC-11124586) (Attachments: #1 Civil Cover Sheet)(Krause, Ernest) |
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