1075 Market Street Owners' Association v. The United States Department of Health & Human Services et al
Plaintiff: 1075 Market Street Owners' Association
Defendant: Episcopal Community Services of San Francisco, Department of Health and Human Services, City of San Francisco, Mercy Housing California, The City & County of San Francisco and The United States Department of Health & Human Services
Case Number: 3:2019cv07313
Filed: November 6, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Sallie Kim
Nature of Suit: Other Statutory Actions
Cause of Action: 05 U.S.C. § 702
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 30, 2019 Filing 29 OPPOSITION/RESPONSE to (re #13 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM; MEMORANDUM OF POINTS AND AUTHORITIES) by City of San Francisco filed by 1075 Market Street Owners' Association. (Jacobus, Alan) (Filed on 12/30/2019)
December 30, 2019 Filing 28 OPPOSITION/RESPONSE to (re #16 MOTION to Dismiss Plaintiff's Complaint) by ECS/Mercy filed by 1075 Market Street Owners' Association. (Jacobus, Alan) (Filed on 12/30/2019)
December 12, 2019 Opinion or Order Filing 27 ORDER by Magistrate Judge Sallie Kim granting #26 Stipulation to Modify Briefing Schedule. (mklS, COURT STAFF) (Filed on 12/12/2019)
December 12, 2019 Filing 26 STIPULATION AND [PROPOSED] ORDER To Modify Rule 12 Briefing Schedule for Certain Defendants' Motions to Dismiss filed by 1075 Market Street Owners' Association. (Jacobus, Alan) (Filed on 12/12/2019)
December 12, 2019 Set/Reset Deadlines as to #13 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM; MEMORANDUM OF POINTS AND AUTHORITIES and #16 MOTION to Dismiss Plaintiff's Complaint. Responses due by 12/31/2019. Replies due by 1/13/2020. (mklS, COURT STAFF) (Filed on 12/12/2019)
December 11, 2019 Set/Reset Deadlines as to #16 MOTION to Dismiss Plaintiff's Complaint and #13 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM; MEMORANDUM OF POINTS AND AUTHORITIES. Motion Hearing reset for 1/27/2020 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. The briefing schedule remains unchanged. (mklS, COURT STAFF) (Filed on 12/11/2019)
December 10, 2019 Filing 25 AMENDED NOTICE of Motion to Dismiss Plaintiff's Complaint filed by Episcopal Community Services of San Francisco, Mercy Housing California re #16 MOTION to Dismiss Plaintiff's Complaint, #19 Amended Document; and Request for Judicial Notice (VanDuzer, Richard) (Filed on 12/10/2019)
December 10, 2019 Filing 24 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The City & County of San Francisco.. (Emery, James) (Filed on 12/10/2019)
December 10, 2019 Filing 23 SAN FRANCISCO'S AMENDED NOTICE OF MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #15 Request for Judicial Notice, re #13 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM; MEMORANDUM OF POINTS AND AUTHORITIES filed by The City & County of San Francisco (Emery, James) (Filed on 12/10/2019)
December 10, 2019 Filing 22 CLERK'S NOTICE Regarding Motion Hearing: The Court had previously closed the calendar on 1/13/2020 to any further motion settings. Accordingly, the motion hearing on Defendants' Motions to Dismiss (dkt nos. #13 and #16 ) is vacated. Counsel are directed to renotice, not refile, the motions for another date that is available on the Court's calendar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 12/10/2019)
December 9, 2019 Filing 21 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Episcopal Community Services of San Francisco, Mercy Housing California.. (VanDuzer, Richard) (Filed on 12/9/2019)
December 9, 2019 Filing 20 CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 12/16/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 12/9/2019)
December 6, 2019 Filing 19 AMENDED Request for Judicial Notice in Support of re #16 MOTION to Dismiss Plaintiff's Complaint - Amendment to #17 Request for Judicial Notice (Attachments: #(1) Exhibit A, #(2) Exhibit B)(VanDuzer, Richard) (Filed on 12/6/2019)
December 6, 2019 Filing 18 CERTIFICATE OF SERVICE filed by Episcopal Community Services of San Francisco, Mercy Housing California of re #16 MOTION to Dismiss Plaintiff's Complaint, #14 Certificate of Interested Entities, #17 Request for Judicial Notice, #12 Certificate of Interested Entities (VanDuzer, Richard) (Filed on 12/6/2019)
December 6, 2019 Filing 17 Request for Judicial Notice in Support of re #16 MOTION to Dismiss Plaintiff's Complaint filed by Episcopal Community Services of San Francisco, Mercy Housing California. (Related document(s) #16 ) (VanDuzer, Richard) (Filed on 12/6/2019)
December 6, 2019 Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Episcopal Community Services of San Francisco, Mercy Housing California. Motion Hearing set for 1/13/2020 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 12/20/2019. Replies due by 12/27/2019. (Attachments: #(1) Memorandum of Points and Authorities, #(2) [Proposed] Order)(VanDuzer, Richard) (Filed on 12/6/2019)
December 6, 2019 Filing 15 Request for Judicial Notice in Support of re #13 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM; MEMORANDUM OF POINTS AND AUTHORITIES filed by The City & County of San Francisco. (Attachments: #(1) Exhibit A, #(2) Exhibit B-C, #(3) Exhibit D, #(4) Exhibit E-G)(Related document(s) #13 ) (Emery, James) (Filed on 12/6/2019)
December 6, 2019 Filing 14 Certification of Interested Entities or Persons (Local Rule 3-15) filed by Episcopal Community Services of San Francisco, Mercy Housing California identifying Corporate Parent Mercy Housing Inc, Other Affiliate Mercy Housing 1064 Mission LLC, Other Affiliate 1064 Mission L.P., Other Affiliate South of Market Mercy Housing for Mercy Housing California. (VanDuzer, Richard) (Filed on 12/6/2019)
December 6, 2019 Filing 13 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM; MEMORANDUM OF POINTS AND AUTHORITIES filed by The City & County of San Francisco. Motion Hearing set for 1/13/2020 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 12/20/2019. Replies due by 12/27/2019. (Emery, James) (Filed on 12/6/2019)
December 6, 2019 Filing 12 Rule 7.1 Disclosures by Episcopal Community Services of San Francisco, Mercy Housing California identifying Corporate Parent Mercy Housing Inc. for Mercy Housing California. (VanDuzer, Richard) (Filed on 12/6/2019)
November 21, 2019 Filing 11 AFFIDAVIT of Service for Summons served on US / Mercy / ECS / City of San Francisco on November 15, 2019, filed by 1075 Market Street Owners' Association. (Jacobus, Alan) (Filed on 11/21/2019)
November 20, 2019 Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by 1075 Market Street Owners' Association.. (Jacobus, Alan) (Filed on 11/20/2019)
November 13, 2019 Filing 9 Summons Issued as to Defendants Episcopal Community Services of San Francisco, Mercy Housing California, The City & County of San Francisco, and The United States Department of Health & Human Services. (tnS, COURT STAFF) (Filed on 11/13/2019)
November 8, 2019 Filing 8 Proposed Summons. (Jacobus, Alan) (Filed on 11/8/2019)
November 8, 2019 #Electronic filing error Re: #2 Proposed Summons filed by 1075 Market Street Owners' Association. This filing will not be processed by the clerks office because you have not completed the forms. Please fill out the summon forms and re-file in its entirety. (tnS, COURT STAFF) (Filed on 11/8/2019)
November 7, 2019 Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 2/3/2020. Initial Case Management Conference set for 2/10/2020 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 11/7/2019)
November 7, 2019 Filing 6 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/21/2019. (bwS, COURT STAFF) (Filed on 11/7/2019)
November 7, 2019 Filing 5 NOTICE filed by 1075 Market Street Owners' Association of Amended Civil Cover Sheet (Jacobus, Alan) (Filed on 11/7/2019)
November 7, 2019 #Electronic filing error. Case can not be randomly assigned to Judge due to Nature of Suit selection on Civil Cover Sheet of 890 (Other Statutory Action) and Nature of Suit Select ion used at case opening of 240 (Torts to Land). Please complete and file Amended Civil Cover Sheet with correct Nature of Suit as a separate docket entry. Civil Cover Sheet indicates only one Nature of Suit Selection can be used. Re: #1 . #16 Complaint, filed by 1075 Market Street Owners' Association. (bwS, COURT STAFF) (Filed on 11/7/2019)
November 6, 2019 Filing 4 Certificate of Interested Entities filed by 1075 Market Street Owners' Association identifying Corporate Parent 1075 Market Street Owners' Association for 1075 Market Street Owners' Association - Local Rule 3-15 Certificate (Jacobus, Alan) (Filed on 11/6/2019)
November 6, 2019 Filing 3 1075 Market Street Owner's Association's Fed.R.Civ.P. 7.1 Statement identifying Corporate Parent 1075 Market Street Owners' Association for 1075 Market Street Owners' Association. (Jacobus, Alan) (Filed on 11/6/2019)
November 6, 2019 Filing 2 Proposed Summons. (Jacobus, Alan) (Filed on 11/6/2019)
November 6, 2019 Filing 1 ORIGINAL COMPLAINT of 1075 Market Street Owners' Association of: (1) Enjoinder of Nuisance (Federal Common Law); (2) Enjoinder of Private Nuisance; (3) Enjoinder of Public Nuisance; (4) Violation of Cal.Bus.&Prof.Code Section 17200 et seq.; (5) Cal. Code Civ.P.&1021.5 Attorney Fee Claim; Jury Trial Demanded against The City & County of San Francisco, The United States Department of Health & Human Services, Episcopal Community Services of San Francisco, Mercy Housing California, (Filing Fee: $400.00, receipt number 0971-13864246). Filed by 1075 Market Street Owners' Association. (Attachments: #1 Exhibit Map, #2 Exhibit Photos/Yelp Review, #3 Exhibit Email, #4 Exhibit Photos, #5 Exhibit Photos, #6 Exhibit Email, #7 Exhibit Photos, #8 Exhibit Photos, #9 Exhibit Photos, #10 Exhibit Photos, #11 Exhibit Email, #12 Exhibit Email, #13 Exhibit Email, #14 Exhibit Presentation, #15 Exhibit News Article, #16 Civil Cover Sheet Civil Cover Sheet)(Jacobus, Alan) (Filed on 11/6/2019) Modified on 11/7/2019 (tnS, COURT STAFF).

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Defendant: Episcopal Community Services of San Francisco
Represented By: Richard Allen VanDuzer
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Defendant: Department of Health and Human Services
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Defendant: City of San Francisco
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Defendant: Mercy Housing California
Represented By: Richard Allen VanDuzer
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Defendant: The City & County of San Francisco
Represented By: James Moxon Emery
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Defendant: The United States Department of Health & Human Services
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Plaintiff: 1075 Market Street Owners' Association
Represented By: Alan Palmer Jacobus
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