Bryant et al v. Newsom et al
| Crossing the Jordan, Dana Bryant, Michael Bryant and Michael Bryant doing business as Crossing the Jordan |
| Xavier Becerra, Mark Essick, Rainer Navarro, City of Santa Rosa, Linda Hopkins, James Gore, Shirlee Zane, Susan Gorin, SCPHO Sundari Mase, Gavin Newsom, Sonia Angell, David Rabbitt and Dr. Sundari Mase |
| 3:2020cv03243 |
| May 13, 2020 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Sallie Kim |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 MOTION to Dismiss AND MOTION FOR MORE DEFINITE STATEMENT [FRCP 12(e)]; OR, IN THE ALTERNATIVE, MOTION TO DISMISS [FRCP 12(b)(6)]; MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT THEREOF filed by Rainer Navarro, City of Santa Rosa. Motion Hearing set for 8/27/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 7/23/2020. Replies due by 7/30/2020. (Fritsch, John) (Filed on 7/9/2020) |
| Filing 22 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss ) filed byDana Bryant, Michael Bryant. (Attachments: #1 Supplement Plaintiff's Partial Opposition to Docket 19 Request for Judicial Notice)(Becker, Matthew) (Filed on 7/8/2020) |
| Filing 21 CLERK'S NOTICE RESCHEDULING THE INITIAL CASE MANAGEMENT CONFERENCE AND THE HEARING RE #18 MOTION to Dismiss . The change in motion hearing date does not impact the briefing schedule previously set upon filing of the motion. Motion Hearing set for 8/27/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Case Management Statement due by 9/9/2020. Initial Case Management Conference set for 9/16/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 7/7/2020) |
| Filing 20 Notice of Joinder and Joinder in re #18 MOTION to Dismiss filed by Rainer Navarro, City of Santa Rosa. (Fritsch, John) (Filed on 6/24/2020) |
| Filing 19 Request for Judicial Notice in Support of re #18 MOTION to Dismiss Plaintiff's Complaint filed by Mark Essick, James Gore, Susan Gorin, Linda Hopkins, Sundari Mase, David Rabbitt, Shirlee Zane. (Attachments: #1 Exhibit Exhibit 1-Governor Newsoms Proclamation of a State of Emergency, dated March 4, 2020., #2 Exhibit Exhibit 2-County of Sonoma Health Officer Proclamation of Local Emergency dated March 5, 2020., #3 Exhibit Exhibit 3-Executive Order N28-30; dated March 16, 2020, #4 Exhibit Exhibit 4-Order C19-03 of Sonoma County Public Health Officer, #5 Exhibit Exhibit 5-Executive Order N-33-20 issued by Governor Newsom on March 19, 2020, #6 Exhibit Exhibit 6-Order of the State Public Health Officer, dated March 19, 2020, #7 Exhibit Exhibit 7-State Public Health Officers designated list of Essential Critical Infrastructure Workers, #8 Exhibit Exhibit 8-Order C19-05 of Sonoma County Public Health Officer extending the Shelter in Place Order, dated March 31, 2020., #9 Exhibit Exhibit 9-Order C19-09 of Sonoma County Public Health Officer extending the Shelter in Place Order, dated May 1, 2020, #10 Exhibit Exhibit 10-Amendment No. 1 to Order C19-09, dated May 7, 2020, #11 Exhibit Exhibit 11-Order of the California Public Health Officer, dated May 7, 2020, #12 Exhibit Exhibit 12-Attestation of Sonoma County Public Health Officer dated May 18, 2020, #13 Exhibit Exhibit 13-Order C19-14 of Sonoma County Public Health Officer C19-14, #14 Exhibit Exhibit 14-State Department of Public Health, Guidance for Face Coverings, #15 Exhibit Exhibit 15-World Health Organization Coronavirus 2019 (COVID-19) Situation Report No. 154, dated June 22, 2020., #16 Exhibit Exhibit 16-California Department of Public Health Press Release No. NR20-133)(Related document(s) #18 ) (King, Michael) (Filed on 6/23/2020) |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities in Support Thereof filed by Mark Essick, James Gore, Susan Gorin, Linda Hopkins, Sundari Mase, David Rabbitt, Shirlee Zane. Motion Hearing set for 7/30/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 7/7/2020. Replies due by 7/14/2020. (King, Michael) (Filed on 6/23/2020) |
| Filing 17 STIPULATION for Voluntary Dismissal Without Prejudice filed by Sonia Angell, Xavier Becerra, Gavin Newsom. (Ehlenbach, Martha) (Filed on 6/18/2020) |
| Filing 16 STIPULATION to Enlarge Time for County Defendants to File Responsive Pleading [Local Rule 6.1] filed by Mark Essick, James Gore, Susan Gorin, Linda Hopkins, Sundari Mase, David Rabbitt, Shirlee Zane. (King, Michael) (Filed on 6/12/2020) |
| Filing 15 Request for Judicial Notice in Support of re #14 MOTION to Dismiss filed by Sonia Angell, Xavier Becerra, Gavin Newsom. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Related document(s) #14 ) (Ehlenbach, Martha) (Filed on 6/4/2020) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss filed by Sonia Angell, Xavier Becerra, Gavin Newsom. Motion Hearing set for 7/9/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 6/18/2020. Replies due by 6/25/2020. (Ehlenbach, Martha) (Filed on 6/4/2020) |
| Filing 13 STIPULATION WITHOUT COURT ORDER TO ENLARGE TIME FOR DEFENDANTS TO FILE RESPONSIVE PLEADING filed by Rainer Navarro, City of Santa Rosa. (Fritsch, John) (Filed on 5/29/2020) |
| Filing 12 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 8/12/2020. Initial Case Management Conference set for 8/19/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 5/25/2020) |
Filing 11
ORDER by Judge Vince Chhabria denying #9 Motion for TRO. (vclc2S, COURT STAFF) (Filed on 5/19/2020)
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 5/19/20. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 5/19/2020)
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| Filing 9 First MOTION for Temporary Restraining Order To Enjoin Defendants from Citing or Arresting Plaintiffs for Opening Crossing the Jordan Thrift Stores or taking any other steps to prevent Plaintiffs from Keeping their Stores Open filed by Dana Bryant, Michael Bryant. (Attachments: #1 Declaration Declaration of Plaintiff Michael Bryant, #2 Declaration Declaration of Matthew Becker, #3 Proposed Order Proposed Order)(Becker, Matthew) (Filed on 5/19/2020) |
| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 5/19/2020) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dana Bryant, Michael Bryant.. (Becker, Matthew) (Filed on 5/19/2020) |
| Filing 6 SUMMONS Returned Executed by Dana Bryant, Michael Bryant. All Defendants. (Attachments: #1 Supplement)(Becker, Matthew) (Filed on 5/19/2020) |
| Filing 5 [Docketed in Error - Refer to Docket #4] - [Proposed Summons. (Attachments: #(1) Summons Defendants and Addresses for Summons)(Becker, Matthew) (Filed on 5/14/2020) Modified on 5/14/2020 (tnS, COURT STAFF). |
| Filing 4 Summons Issued as to Defendants Sonia Angell, Xavier Becerra, Mark Essick, James Gore, Susan Gorin, Linda Hopkins, Sundari Mase, Rainer Navarro, Gavin Newsom, David Rabbitt, City of Santa Rosa, Shirlee Zane. (tnS, COURT STAFF) (Filed on 5/13/2020) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 8/10/2020. Initial Case Management Conference set for 8/17/2020 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 5/13/2020) |
| Filing 2 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 5/27/2020. (bwS, COURT STAFF) (Filed on 5/13/2020) |
| Filing 1 COMPLAINT for Injunctive and Monetary Relief and Damages: (1) First Amendment Right to Peaceably Assemble; (2) Fourth Amendment Unreasonable Seizure of Person; (3) Fourth Amendment Unreasonable Seizure of Property; (4) Fifth Amendment Takings; (5) Eighth Amendment Excessive Fines and Cruel and Unusual Punishment; (6) 14th Amendment Right to Earn a Living; (7) 14th Amendment Equal Protection Between Essential and Non-Essential Businesses; (8)14th Amendment Privileges or Immunities Right to Travel; (9) Violation of Civil Rights for Causes of Action 1-8; (10) Cal. Const Art 1, Section 1 Right to Acquire Property; (11) Cal. Const Art 1, Section 7 Due Process; (12) Cal. Const Art 1, Section 13 Unreasonable Seizure of Persons; (13) Cal. Const Art 1, Section 13 Unreasonable Seizure of Property; (14) Cal. Const Art 1, Section 19 Just Compensation against All Defendants, (Filing Fee: $400.00, receipt number 0971-14464711). Filed by Dana Bryant, and Michael Bryant, d/b/a Crossing the Jordan. (Attachments: #(1) Civil Cover Sheet - Civil Case Cover Sheet Form, #(2) Civil Cover Sheet - Civil Case Cover Sheet List of All Parties, #(3) Proposed Summons to SRPD Chief Navarro, #(4) Proposed Summons to City of Santa Rosa, #(5) Proposed Summons to Gavin Newsom, #(6) Proposed Summons to State Health Officer Angell, #(7) Proposed Summons to Attorney General Becerra, #(8) Proposed Summons to Sonoma County Health Officer Mase, #(9) Proposed Summons to Sonoma County Sheriff Essick, #(10) Proposed Summons to Sonoma County Supervisor Gore, #(11) Proposed Summons to Sonoma County Supervisor Gorin, #(12) Proposed Summons to Sonoma County Supervisor Hopkins, #(13) Proposed Summons to Sonoma County Supervisor Rabbitt, #(14) Proposed Summons to Sonoma County Supervisor Zane)(Becker, Matthew) (Filed on 5/13/2020) Modified on 5/13/2020 (tnS, COURT STAFF). |
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