Roles et al v. California Department of Transportation (Caltrans) et al
| William L. Collins, Asia Ford, D'Artagnan M. Lloyd, Juanita Roles, Elizabeth M. Wilson, Where Do We Go Berkeley and Brandon Mercer |
| Toks Omishakin, Dina El-Tawansy and California Department of Transportation (Caltrans) |
| 3:2021cv04435 |
| June 9, 2021 |
| US District Court for the Northern District of California |
| Edward M Chen |
| American with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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| Filing 45 TRANSCRIPT ORDER for proceedings held on 08/05/2021 before Judge Edward M. Chen by California Department of Transportation (Caltrans), Dina El-Tawansy, Toks Omishakin, for Court Reporter Katherine Sullivan. (Pevzner, Alex) (Filed on 8/6/2021) |
| Filing 44 RESPONSE re #42 Opposition/Response to Motion, to Defendants' Objections to Plaintiffs' Evidence by William L. Collins, Asia Ford, D'Artagnan M. Lloyd, Brandon Mercer, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson. (Johns, EmilyRose) (Filed on 8/5/2021) |
| Filing 43 OPPOSITION/RESPONSE (re #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause ) Declaration Of Cheryl Chambers Updating And Supplementing Defendants Opposition To Plaintiffs Motion For Preliminary Injunction filed byCalifornia Department of Transportation (Caltrans), Dina El-Tawansy, Toks Omishakin. (Attachments: #1 Certificate/Proof of Service)(Pevzner, Alex) (Filed on 8/4/2021) |
| Filing 42 OPPOSITION/RESPONSE (re #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause ) Objections to Evidence Submitted By Plaintiffs In Support of Reply to Defendants' Opposition filed byCalifornia Department of Transportation (Caltrans), Dina El-Tawansy, Toks Omishakin. (Attachments: #1 Certificate/Proof of Service)(Pevzner, Alex) (Filed on 8/3/2021) |
| Filing 41 CERTIFICATE OF SERVICE by California Department of Transportation (Caltrans), Dina El-Tawansy, Toks Omishakin re #38 MOTION to Dismiss Plaintiffs' Complaint (Amended) (Pevzner, Alex) (Filed on 8/2/2021) |
| Filing 40 NOTICE of Appearance by Alex Felix Pevzner (Pevzner, Alex) (Filed on 8/2/2021) |
| Filing 39 CLERK'S NOTICE RESCHEDULING #38 MOTION TO DISMISS HEARING DATE: Pursuant to Local Rule 7-2(a), Motion Hearing set for 9/2/2021 is vacated and rescheduled for 9/9/2021 at 1:30PM. Motion briefing deadlines remain unchanged. Motion Hearing set for 9/9/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographi ng, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https:// www.cand.uscourts.gov/zoom/. #38 MOTION to Dismiss Plaintiffs' Complaint. Motion Hearing set for 9/9/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 7/30/2021) |
| Filing 38 MOTION to Dismiss Plaintiffs' Complaint filed by California Department of Transportation (Caltrans), Dina El-Tawansy, Toks Omishakin. Motion Hearing set for 9/2/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 8/13/2021. Replies due by 8/20/2021. (Attachments: #1 Exhibit, #2 Certificate/Proof of Service)(Pevzner, Alex) (Filed on 7/30/2021) |
| Filing 37 NOTICE of Appearance by Alex Felix Pevzner (Pevzner, Alex) (Filed on 7/30/2021) |
| Filing 36 NOTICE of Appearance by Alex Felix Pevzner (Pevzner, Alex) (Filed on 7/30/2021) |
| Filing 35 Request for Judicial Notice re #34 Reply to Opposition/Response,, filed byWilliam L. Collins, Asia Ford, D'Artagnan M. Lloyd, Brandon Mercer, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson. (Related document(s) #34 ) (Henson, Andrea) (Filed on 7/26/2021) |
| Filing 34 REPLY (re #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause ) filed byWilliam L. Collins, Asia Ford, D'Artagnan M. Lloyd, Brandon Mercer, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson. (Attachments: #1 Declaration Declaration of Asia Ford, #2 Declaration Declaration of D'Artagnan Lloyd, #3 Declaration Declaration of Elizabeth Wilson, #4 Declaration Declaration of Ian Rogers, #5 Declaration Declaration of Irving Garman, #6 Declaration Declaration of Wayne "Nigel" Watson)(Henson, Andrea) (Filed on 7/26/2021) |
| Filing 33 OPPOSITION/RESPONSE (re #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause ) /Preliminary Injunction filed byCalifornia Department of Transportation (Caltrans), Dina El-Tawansy, Toks Omishakin. (Attachments: #1 Declaration Declaration of Jennifer Ramirez ISP State's Opp to Mtn for Prelim Injunc., #2 Declaration Declaration of Stefan Galvex Abadia ISO State's Opp to Mtn for Prelim Inj, #3 Declaration Declaration of Kevin Vaughn ISO State's Opp to Mtn for Prelim Inj, #4 Declaration Declaration of Alex F. Pevzner ISO State's Opp to Mtn. for Prelim Ijunc, #5 Declaration Declaration of Cheryl Chambers ISO of State's Opp to Mtn, for Prelim Injuct, #6 Declaration Declaration of Stephen Clark ISO State's Opp to Mtn. for Prelim Injunct, #7 Declaration Declaration of Hanh-Dung Khuu ISO State's Opp to Mtn for Prelim Inju, #8 Declaration Declaration of Mark Weaver ISO State's Opp to Mtn. for Prelim Injuc, #9 Exhibit RJN ISO State's Opp to Mtn. for Prelim Injunc., #10 Certificate/Proof of Service Proof of Service)(Pevzner, Alexander) (Filed on 7/19/2021) |
| Filing 32 NOTICE of Appearance by Daniel Mark Siegel (Siegel, Daniel) (Filed on 7/19/2021) |
| Filing 31 NOTICE of Appearance by Thomas Osha Neumann (Neumann, Thomas) (Filed on 7/6/2021) |
| Filing 30 NOTICE of Appearance by Andrea Margaret Henson (Henson, Andrea) (Filed on 7/2/2021) |
| Filing 29 NOTICE of Appearance by EmilyRose Naomi Johns (Johns, EmilyRose) (Filed on 7/2/2021) |
| Filing 28 NOTICE of Appearance by EmilyRose Naomi Johns (Johns, EmilyRose) (Filed on 7/2/2021) |
| Filing 27 CLERK'S NOTICE RESCHEDULING MOTION FOR PRELIMINARY INJUNCTION FROM 7/20/2021 TO 8/5/2021 AT 1:30PM: Motion hearing re: motion for preliminary injunction set for 7/20/2021 is vacated and rescheduled for 8/5/2021. Briefing deadlines are as follows: opposition due 7/19/2021; reply due 7/26/2021. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Resp onses due by 7/19/2021. Replies due by 7/26/2021. Motion Hearing set for 8/5/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 7/1/2021) |
Filing 26
ORDER by Judge Edward M. Chen granting #25 Stipulation Continuing Hearing on Plaintiff's Motion For Preliminary Injunction and Related Deadlines. Hearing set re Motion for Preliminary Injunction on 7/20/2021 is vacated and rescheduled for 8/5/2021 at 1:30PM. Opposition due 7/19/2021; reply due 7/26/2021. Hearing will be conducted by Zoom webinar. (afmS, COURT STAFF) (Filed on 7/1/2021)Any non-CM/ECF Participants have been served by First Class Mail to the email addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 25 STIPULATION WITH PROPOSED ORDER re #20 Order on Motion for TRO,, #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause Stipulation to Continue Hearing on Motion for Preliminary Injunction and Related Deadlines filed by California Department of Transportation (Caltrans), Dina El-Tawansy, Toks Omishakin. (Pevzner, Alexander) (Filed on 6/30/2021) |
| Filing 24 Mail sent to William L Collins returned as undeliverable re #20 Order on Motion for TRO,, 21 Clerk's Notice, Set Motion and Deadlines/Hearings, Util - Teleconference Zoom. (arkS, COURT STAFF) (Filed on 6/29/2021) |
| Filing 23 Mail sent to Elizabeth Wilson returned as undeliverable re #20 Order on Motion for TRO,, 21 Clerk's Notice, Set Motion and Deadlines/Hearings, Util - Teleconference Zoom,. (arkS, COURT STAFF) (Filed on 6/28/2021) |
| Filing 22 Mail sent to D'Artagnan Lloyd returned as undeliverable re #20 Order on Motion for TRO,, 21 Clerk's Notice, Set Motion and Deadlines/Hearings, Util - Teleconference Zoom,.(arkS, COURT STAFF) (Filed on 6/28/2021) |
| Filing 21 CLERK'S NOTICE SCHEDULING HEARING AND BRIEFING ON MOTION FOR PRELIMINARY INJUNCTION: Hearing re MOTION for Preliminary Injunction scheduled for 7/20/2021 10:30 AM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar. Opposition due by 7/5/2021. Reply due by 7/9/2021. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceeding s, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Responses due b y 7/5/2021. Replies due by 7/9/2021. Motion Hearing set for 7/20/2021 10:30 AM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 6/11/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 20
ORDER GRANTING PLAINTIFFS' #3 MOTION FOR A TEMPORARY RESTRAINING ORDER. The TRO shall extend until resolution of Plaintiffs' motion for preliminary injunction. The Court deems Plaintiffs' TRO motion their preliminary injunction motion as well. Caltrans shall file its opposition by 7/5/2021; Plaintiffs' reply due 7/9/2021; hearing on the motion for a preliminary injunction shall be held on 7/20/2021 at 10:30 a.m. Signed by Judge Edward M. Chen on 6/11/2021. (afmS, COURT STAFF) (Filed on 6/11/2021)Any non-CM/ECF Participants have been served by First Class Mail to the email addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 19 Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 6/10/2021. Written order to issue. Total Time in Court: 1 Hour; 3 Minutes. Court Reporter: JoAnn Bryce. Plaintiff Attorney for Where Do We Go Berkeley: Osha Neumann.Plaintiffs Pro Se: Juanita Roles, Ian Cordova Morales. Defendant Attorneys: Alex Pevzner, Ardine Zazzeron. Attachment: Minute Order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Date Filed: 6/10/2021) |
| Filing 18 OPPOSITION/RESPONSE (re #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause ) Request for Judicial Notice filed byCalifornia Department of Transportation (Caltrans), Dina El-Tawansy, Toks Omishakin. (Pevzner, Alexander) (Filed on 6/10/2021) |
| Filing 17 OPPOSITION/RESPONSE (re #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause ) filed byCalifornia Department of Transportation (Caltrans), Dina El-Tawansy, Toks Omishakin. (Pevzner, Alexander) (Filed on 6/10/2021) |
| Filing 16 NOTICE of Appearance by Osha Neumann. (afmS, COURT STAFF) (Filed on 6/10/2021) |
| Filing 15 CLERKS NOTICE SETTING #3 MOTION FOR TEMPORARY RESTRAINING ORDER FOR HEARING BY ZOOM. Responses due by 6/10/2021. Motion Hearing set for 6/10/2021 03:00 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cau se. Responses due by 6/10/2021. Motion Hearing set for 6/10/2021 03:00 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (Related documents(s) #3 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/9/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 14
ORDER SETTING HEARING RE: EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER. Zoom Webinar Hearing set for 6/10/2021 at 3:00PM. Opposition due 6/10/2021 no later than 12:00pm. Signed by Judge Edward M. Chen on 6/9/2021. (afmS, COURT STAFF) (Filed on 6/9/2021)Any non-CM/ECF Participants have been served by email to the addresses of record listed in the Order (NEF)
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| Filing 13 NOTICES OF EMAIL SERVICE to Caltrans by William L. Collins, D'Artagnan M. Lloyd, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson re #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause. (afmS, COURT STAFF) (Filed on 6/9/2021) (Additional attachment(s) added on 6/9/2021: #1 Secondary Email) (afmS, COURT STAFF). Modified on 6/9/2021 (afmS, COURT STAFF). (Additional attachment(s) added on 6/9/2021: #2 Third Email) (afmS, COURT STAFF). |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Laurel Beeler 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 6/9/21. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 6/9/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 11 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (ejkS, COURT STAFF) (Filed on 6/9/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 10 Declaration of Brandon Mercer in Support of #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed byWilliam L. Collins, Asia Ford, D'Artagnan M. Lloyd, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson. (Related document(s) #3 ) (jlmS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 9 Declaration of Asia Ford in Support of #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed byWilliam L. Collins, Asia Ford, D'Artagnan M. Lloyd, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson. (Related document(s) #3 ) (jlmS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 8 Declaration of D'Artagnan Lloyd in Support of #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed byWilliam L. Collins, Asia Ford, D'Artagnan M. Lloyd, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson. (Related document(s) #3 ) (jlmS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 7 Declaration of Elizabeth Wilson in Support of #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed byWilliam L. Collins, Asia Ford, D'Artagnan M. Lloyd, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson. (Related document(s) #3 ) (jlmS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 6 Declaration of Juanita D. Roles in Support of #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed byWilliam L. Collins, Asia Ford, D'Artagnan M. Lloyd, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson. (Related document(s) #3 ) (jlmS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 5 Declaration of William Collins in Support of #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed byWilliam L. Collins, Asia Ford, D'Artagnan M. Lloyd, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson. (Related document(s) #3 ) (jlmS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 4 Declaration of Ian Cordova Morales Rogers in Support of #3 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed byWilliam L. Collins, Asia Ford, D'Artagnan M. Lloyd, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson. (Related document(s) #3 ) (jlmS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 3 Ex Parte MOTION for Temporary Restraining Order; MOTION for Order to Show Cause Why Preliminary Injunction Should Not Issue, filed by William L. Collins, Asia Ford, D'Artagnan M. Lloyd, Juanita Roles, Where Do We Go Berkeley, Elizabeth M. Wilson. Motion Hearing set for 6/10/2021 08:00 AM in San Francisco, - Telephonic Only before Magistrate Judge Laurel Beeler. Responses due by 6/23/2021. Replies due by 6/30/2021. (jlmS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 2 Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (Attachments: #1 Standing Order - LB, #2 Standing Order for All Judges)(jlmS, COURT STAFF) (Filed on 6/9/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 1 COMPLAINT; No Process with Jury Demand, against California Department of Transportation (Caltrans), Dina El-Tawansy, Toks Omishakin (Filing fee $ 402.00. Receipt no. 44611017152). Filed by Where Do We Go Berkeley, Asia Ford, Elizabeth M. Wilson, William L. Collins, Juanita Roles, D'Artagnan M. Lloyd. Consent/Declination due by 6/23/2021. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt)(jlmS, COURT STAFF) (Filed on 6/9/2021) |
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