Austin et al v. Miller et al
Plaintiff: Paul Austin, Tenisha Tate-Austin and Fair Housing Advocates of Northern California
Defendant: Janette C. Miller, Miller and Perotti Real Estate Appraisals, Inc. and AMC Links LLC
Interested Party: United States of America
Case Number: 3:2021cv09319
Filed: December 2, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Maxine M Chesney
Referring Judge: Joseph C Spero
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 42 U.S.C. § 405 Fair Housing Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 18, 2023 Opinion or Order Filing 67 ORDER APPROVING STIPULATION FOR DISMISSAL WITH PREJUDICE AS TO DEFENDANTS JANETTE C. MILLER AND PEROTTI REAL ESTATE APPRAISALS, INC. Signed by Judge Maxine M. Chesney on 4/18/2023. (mmclc2, COURT STAFF) (Filed on 4/18/2023)
April 17, 2023 Opinion or Order Filing 66 STIPULATION WITH PROPOSED ORDER for dismissal with prejudice as to defendants Janette C. Miller and Perotti Real Estate Appraisals Inc. filed by Paul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin. (Cristol-Deman, Liza) (Filed on 4/17/2023)
December 2, 2022 Opinion or Order Filing 65 Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Settlement Conference held on 12/2/2022. Case did not settle. No further settlement proceedings scheduled at this time. Total Time in Court: 5 hours, 15 minutes. Not reported. Attorneys for Plaintiffs: Liza Cristol-Deman and Julia Howard-Gibbon.Client Representatives: Paul Austin, Tenisha Tate Austin, and Caroline Peattie. Attorneys for Defendants Janette C. Miller/Miller and Perotti Real Estate Appraisals, Inc.: Peter Catalanotti. Client Representative: Janette Miller. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 12/2/2022)
October 24, 2022 Opinion or Order Filing 64 ORDER APPROVING STIPULATION FOR DISMISSAL WITH PREJUDICE AS TO DEFENDANT AMC LINKS LLC ONLY. Signed by Judge Maxine M. Chesney on 10/24/2022. (mmclc2, COURT STAFF) (Filed on 10/24/2022)
October 21, 2022 Opinion or Order Filing 63 STIPULATION WITH PROPOSED ORDER for dismissal of defendant AMC Links LLC only filed by Paul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin. (Cristol-Deman, Liza) (Filed on 10/21/2022)
September 14, 2022 Opinion or Order Filing 62 Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Settlement Conference held on 9/14/2022. Case settled as to Defendant AMC Links only. The parties will execute a written agreement. Further Settlement Conference with remaining parties set in person for 12/2/2022 08:00 AM in San Francisco Courtroom C, 15th Floor. Total Time in Court: 8 hours, 15 minutes. Not reported. Attorneys for Plaintiff: Liza Cristol-Deman and Julia Howard-Gibbon. Client Representatives: Paul Austin, Tenisha Tate Austin, and Caroline Peattie. Attorneys for Defendants Janette C. Miller/Miller and Perotti Real Estate Appraisals, Inc.: Peter Catalanotti and Madonna Herman. Client Representative: Janette Miller. Attorney for AMC Links: Alex Graft. Client Representative: Rod Olsen, Steve Bauer, Claudia Gaglione, and Bert Ringwood. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 9/14/2022)
September 13, 2022 Opinion or Order #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #61 Answer to Amended Complaint filed by Jane tte C. Miller, Miller and Perotti Real Estate Appraisals, Inc. (mcl, COURT STAFF) (Filed on 9/13/2022)
September 12, 2022 Opinion or Order Filing 61 ANSWER to #43 Amended Complaint byJanette C. Miller, Miller and Perotti Real Estate Appraisals, Inc.. (Catalanotti, Peter) (Filed on 9/12/2022) Modified on 9/13/2022 (mcl, COURT STAFF).
August 22, 2022 Opinion or Order Filing 60 ORDER GRANTING MILLER DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT; DISMISSING PLAINTIFFS' SEVENTH CLAIM FOR RELIEF AS ASSERTED AGAINST MILLER DEFENDANTS; VACATING HEARING. Plaintiffs' Seventh Claim for Relief, as asserted against the Miller Defendants, is dismissed without further leave to amend. Signed by Judge Maxine M. Chesney on August 22, 2022. (mmclc2, COURT STAFF) (Filed on 8/22/2022)
August 18, 2022 Opinion or Order Filing 59 CLERK'S NOTICE CONVERTING THE AUGUST 26, 2022 AT 9:00 AM MOTION HEARING TO A ZOOM WEBINAR. As to #50 MOTION to Dismiss FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6)). Motion Hearing set for 8/26/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. 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/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are rem inded 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/. Motion Hearing set for 8/26/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (This is a text-only entry generated by the court. There is no document associated with this entry.),(tl, COURT STAFF) (Filed on 8/18/2022)
August 16, 2022 Opinion or Order Filing 58 CLERKS NOTICE SETTING ZOOM HEARING. The Settlement Conference set for 9/14/2022 09:30 AM before Magistrate Judge Sallie Kim will now be held by videoconference via a Zoom meeting. Meeting Access: Counsel and their clients may access the meeting information at https://www.cand.uscourts.gov/sk. Do NOT join the Zoom webinar for Public Hearings. Go to the section labeled: Non-Public Hearings [Settlement Conferences] to obtain the information for the non-public Zoom meeting. (Zoom Meeting ID: 161 399 7742 Passcode: 530648) Parties will be placed in a waiting room and admitted once the settlement conference begins. Court Appearances: Advanced notice is required of counsel or parties who will be attending the settlement conference. A joint list of names including client representatives and titles must be sent to the CRD at SKCRD@cand.uscourts.gov no later than 9/12/2022 at 12:00 PM. General 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 8/16/202 2)
August 8, 2022 Opinion or Order Filing 57 REPLY (re #50 MOTION to Dismiss FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6)) ) DEFENDANTS JANETTE C. MILLER AND MILLER AND PEROTTI REAL ESTATE APPRAISALS, INC.S REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6)) filed byJanette C. Miller, Miller and Perotti Real Estate Appraisals, Inc.. (Catalanotti, Peter) (Filed on 8/8/2022)
July 25, 2022 Opinion or Order Filing 56 OPPOSITION/RESPONSE (re #50 MOTION to Dismiss FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6)) ) filed byPaul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin. (Cristol-Deman, Liza) (Filed on 7/25/2022)
July 14, 2022 Opinion or Order Filing 55 ORDER APPROVING, AS MODIFIED, SECOND JOINT APPLICATION AND STIPULATION TO RESET BRIEFING SCHEDULE RE MILLER DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT by Judge Jon S. Tigar for Judge Maxine M. Chesney granting #54 Stipulation.(mll, COURT STAFF) (Filed on 7/14/2022) Modified on 7/14/2022 (mll, COURT STAFF).
July 14, 2022 Opinion or Order Filing 54 STIPULATION WITH PROPOSED ORDER re #50 MOTION to Dismiss FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6)) re briefing schedule filed by Paul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin. (Attachments: #1 Declaration of Liza Cristol-Deman in support of Second Joint Application and Stipulation)(Cristol-Deman, Liza) (Filed on 7/14/2022)
July 14, 2022 Opinion or Order Set/Reset Deadlines as to #50 MOTION to Dismiss FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6)). Responses due by 7/25/2022. Replies due by 8/8/2022. Motion Hearing set for 8/26/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (mll, COURT STAFF) (Filed on 7/14/2022)
July 7, 2022 Opinion or Order Filing 53 CLERK'S NOTICE CONVERTING THE AUGUST 19, 2022 AT 9:00 AM MOTION HEARING TO A ZOOM WEBINAR. As to #50 MOTION to Dismiss FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6)). Motion Hearing set for 8/19/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. 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/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are rem inded 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/. Motion Hearing set for 8/19/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (This is a text-only entry generated by the court. There is no document associated with this entry.),(tl, COURT STAFF) (Filed on 7/7/2022)
July 6, 2022 Opinion or Order Filing 52 ORDER GRANTING JOINT APPLICATION AND STIPULATION TO RESET BRIEFING SCHEDULE RE MILLER DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT. The deadline for plaintiffs to file their opposition is extended to July 18, 2022. The deadline for defendants to file their reply is extended to August 1, 2022. The hearing on defendants' motion to dismiss is continued to August 19, 2022, at 9:00 a.m. Signed by Judge Maxine M. Chesney on July 6, 2022. (mmclc2, COURT STAFF) (Filed on 7/6/2022)
July 6, 2022 Opinion or Order Filing 51 STIPULATION WITH PROPOSED ORDER re #50 MOTION to Dismiss FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6)) to reset briefing schedule filed by Paul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin. (Attachments: #1 Declaration of Liza Cristol-Deman in support of joint application and stipulation to reset briefing schedule re Miller Defendants' Motion to Dismiss First amended Complaint [ECF 50])(Cristol-Deman, Liza) (Filed on 7/6/2022)
July 6, 2022 Opinion or Order Set/Reset Deadlines as to #50 MOTION to Dismiss FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6)). Opposition due by 7/18/2022. Reply due by 8/1/2022. Motion Hearing reset to 8/19/2022 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tl, COURT STAFF) (Filed on 7/6/2022)
June 28, 2022 Opinion or Order #Electronic filing error. Address for attorney Madonna Ann Herman has been updated on the docket. Attorney is reminded to update the ECF account if there's any change of a ddress or information in future. Corrected by Clerk's Office. No further action is necessary. Re: #50 MOTION to Dismiss FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6)) filed by Janette C. Miller, Miller and Perotti Real Estate Appraisals, Inc. (mcl, COURT STAFF) (Filed on 6/28/2022)
June 27, 2022 Opinion or Order Filing 50 MOTION to Dismiss FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(B)(6)) filed by Janette C. Miller, Miller and Perotti Real Estate Appraisals, Inc.. Motion Hearing set for 8/5/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 7/11/2022. Replies due by 7/18/2022. (Catalanotti, Peter) (Filed on 6/27/2022)
June 20, 2022 Opinion or Order Filing 49 STIPULATION re #43 Amended Complaint, STIPULATON TO EXTEND TIME FOR DEFENDANTS JANETTE C. MILLER AND MILLER AND PEROTTI REAL ESTATE APPRAISALS, INC. TO RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT filed by Janette C. Miller, Miller and Perotti Real Estate Appraisals, Inc.. (Catalanotti, Peter) (Filed on 6/20/2022)
May 19, 2022 Opinion or Order Filing 48 STIPULATION re #43 Amended Complaint, Stipulaton To Extend Time For Defendants Janette C. Miller And Miller And Perotti Real Estate Appraisals, Inc. To Respond To Plaintiffs First Amended Complaint filed by Janette C. Miller, Miller and Perotti Real Estate Appraisals, Inc.. (Catalanotti, Peter) (Filed on 5/19/2022)
May 19, 2022 Opinion or Order Filing 47 DEFENDANT, AMC LINKS LLC.S ANSWER TO #43 PLAINTIFFS FIRST AMENDED COMPLAINT; REQUEST FOR JURY TRIAL ANSWER to Amended Complaint byAMC Links LLC. (Attachments: #1 Certificate/Proof of Service)(Graft, Alexander) (Filed on 5/19/2022) Modified on 5/19/2022 (mcl, COURT STAFF).
May 19, 2022 Opinion or Order #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #47 Answer to Amended Complaint, filed by AMC Links LLC. (mcl, COURT STAFF) (Filed on 5/19/2022)
May 17, 2022 Opinion or Order Filing 46 NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 9/14/2022 09:30 PM in San Francisco, Courtroom C, 15th Floor. Signed by Magistrate Judge Sallie Kim on 5/17/2022. (mkl, COURT STAFF) (Filed on 5/17/2022)
May 17, 2022 Opinion or Order Filing 45 Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Scheduling Conference held on 5/17/2022. Settlement Conference (in person) set for 9/14/2022 at 9:30 AM. The Court will issue a settlement conference order. Total Time in Court: 5 minutes. Not reported. Attorneys for Plaintiffs: Liza Cristol-Deman; Julia Howard-Gibbon. Attorneys for Defendants: Madonna Herman; Alexander Graft. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 5/17/2022)
May 9, 2022 Opinion or Order Filing 44 NOTICE OF VIDEO SCHEDULING CONFERENCE FOR SETTLEMENT CONFERENCE. (The attached notice contains Zoom meeting information counsel will need to participate.) Scheduling Conference set for 5/17/2022 09:00 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 5/9/2022. (mkl, COURT STAFF) (Filed on 5/9/2022)
May 6, 2022 Opinion or Order Filing 43 AMENDED COMPLAINT (First) -- for Injunctive, Declaratory, and Monetary Relief; Jury trial demand against All Defendants. Filed byFair Housing Advocates of Northern California, Paul Austin, Tenisha Tate-Austin. (Cristol-Deman, Liza) (Filed on 5/6/2022)
May 6, 2022 Opinion or Order Filing 42 PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on 5/6/2022. (tl, COURT STAFF) (Filed on 5/6/2022)
May 6, 2022 Opinion or Order Filing 41 Minute Entry for proceedings held before Judge Maxine M. Chesney: Initial Case Management Conference held by Zoom webinar on 5/6/2022. CASE REFERRED to Magistrate Judge Sallie Kim for Settlement Conference. Amended Pleadings due by 7/15/2022. Close of Fact Discovery due by 5/1/2023. Designation of Experts due by 2/27/2023. Rebuttal Reports due by 4/7/2023. Close of Expert Discovery due by 6/13/2023. Further Status Conference set for 6/16/2023 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Joint Status Conference Statement due by 6/9/2023. Dispositive Motion due by 7/7/2023. Final Pretrial Conference set for 10/17/2023 at 10:00 AM in San Francisco, Courtroom 07, 19th Floor. Jury Selection/Jury Trial (5-7 days) set for 10/30/2023 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Digital Recording Time: 10:48-11:26 - Zoom Recording. Plaintiff Attorney: Liza Cristol-Deman, Julia Howard-Gibbon. Defendant Attorney (Miller): Peter Catalanotti. Defendant Attorney (AMC): Alexander Graft.Attachment: Civil Minutes. (tl, COURT STAFF) (Date Filed: 5/6/2022)
April 29, 2022 Opinion or Order Filing 40 CASE MANAGEMENT STATEMENT and Rule 26(f) Report filed by Paul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin. (Cristol-Deman, Liza) (Filed on 4/29/2022)
April 21, 2022 Opinion or Order Filing 39 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cristol-Deman, Liza) (Filed on 4/21/2022)
April 20, 2022 Opinion or Order Filing 38 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Catalanotti, Peter) (Filed on 4/20/2022)
April 20, 2022 Opinion or Order Filing 37 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options BY AMC LINKS LLC (Graft, Alexander) (Filed on 4/20/2022)
April 19, 2022 Opinion or Order Filing 36 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 4/19/2022)
April 18, 2022 Opinion or Order Filing 35 CLERK'S NOTICE CONVERTING MAY 6, 2022 INITIAL CASE MANAGEMENT CONFERENCE TO A ZOOM WEBINAR. Initial Case Management Conference set for 5/6/2022 at 10:30 AM in San Francisco, - Videoconference Only. 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/mmc General 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/. Initial Case Management Conference set for 5/6/2022 at 10:30 AM in San Francisco, - Videoconference O nly. (This is a text-only entry generated by the court. There is no document associated with this entry.),.(tl, COURT STAFF) (Filed on 4/18/2022)
April 13, 2022 Opinion or Order Filing 34 ORDER GRANTING IN PART AND DENYING IN PART MILLER DEFENDANTS' MOTION TO DISMISS; AFFORDING PLAINTIFFS LEAVE TO AMEND. If plaintiffs wish to amend their complaint, they shall file their First Amended Complaint no later than May 6, 2022. Signed by Judge Maxine M. Chesney on April 13, 2022. (mmclc2, COURT STAFF) (Filed on 4/13/2022)
April 4, 2022 Opinion or Order #Electronic filing error. Firm name for attorney Peter Christopher Catalanotti has also been updated to Wilson, Elser, Moskowitz, Edelman & Dicker LLP. In future, attorney shou ld update the profile or any change of information in the attorney database. Corrected by Clerk's Office. No further action is necessary. Re: #33 Notice of Change of Address filed by Janette C. Miller, Miller and Perotti Real Estate Appraisals, Inc. (mcl, COURT STAFF) (Filed on 4/4/2022)
April 1, 2022 Opinion or Order Filing 33 NOTICE of Change of Address by Peter Christopher Catalanotti EFENDANTS JANETTE C. MILLER AND MILLER AND PEROTTI REAL ESTATE APPRAISALS, INC. NOTICE OF CHANGE OF ADDRESS OF COUNSEL (Catalanotti, Peter) (Filed on 4/1/2022)
March 22, 2022 Opinion or Order Filing 32 ORDER VACATING HEARING ON MILLER DEFENDANTS' MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on March 22, 2022. (mmclc2, COURT STAFF) (Filed on 3/22/2022)
February 21, 2022 Opinion or Order Filing 31 REPLY (re #19 MOTION to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)) ) Defendants Janette C. Miller And Miller And Perotti Real Estate Appraisals, Inc. Reply In Support Of Its Motion To Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted (Frcp 12(B)(6)) filed byJanette C. Miller, Miller and Perotti Real Estate Appraisals, Inc.. (Catalanotti, Peter) (Filed on 2/21/2022)
February 21, 2022 Opinion or Order Filing 30 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byPaul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin. (Attachments: #1 Exhibit 1 - Inter-agency letter)(Related document(s) #27 ) (Cristol-Deman, Liza) (Filed on 2/21/2022)
February 18, 2022 Opinion or Order Filing 29 CLERK'S NOTICE CONVERTING MOTION HEARING SCHEDULED ON MARCH 25, 2022 AT 9:00 AM TO A ZOOM WEBINAR. As to #19 MOTION to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)).,. Motion Hearing set for 3/25/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. 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/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photograph ing, 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/. Motion Hearing set for 3/25/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (This is a text-only entry generated by the court. There is no document associated with this entry.),(tl, COURT STAFF) (Filed on 2/18/2022)
February 14, 2022 Opinion or Order Filing 28 Statement re #19 MOTION to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)) of Interest by United States of America. (Marshak, Abigail) (Filed on 2/14/2022)
February 7, 2022 Opinion or Order Filing 27 OPPOSITION/RESPONSE (re #19 MOTION to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)) ) filed byPaul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin. (Cristol-Deman, Liza) (Filed on 2/7/2022)
January 21, 2022 Opinion or Order Filing 26 ORDER APPROVING, AS MODIFIED, JOINT APPLICATION AND STIPULATION TO RESET BRIEFING SCHEDULE RE MILLER DEFENDANTS' MOTION TO DISMISS; CONTINUING CASE MANAGEMENT CONFERENCE. The deadline for plaintiffs to file opposition is extended to February 7, 2022. The deadline for defendants to file a reply is extended to February 21, 2022. The hearing currently scheduled for March 4, 2022, is continued to March 25, 2022, at 9:00 a.m. The Case Management Conference currently scheduled for March 18, 2022, is continued to May 6, 2022, at 10:30 a.m. Signed by Judge Maxine M. Chesney on January 21, 2022. (mmclc2, COURT STAFF) (Filed on 1/21/2022)
January 21, 2022 Opinion or Order Filing 25 Joint Application and Stipulation for Extension of Time to File Opposition and Reply Briefs Re Miller Defendants' Motion to Dismiss ; [PROPOSED] Order filed by Paul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin. (Attachments: #1 Declaration of Liza Cristol-Deman in support of Joint Application and Stipulation)(Cristol-Deman, Liza) (Filed on 1/21/2022) Modified on 1/21/2022 (mcl, COURT STAFF).
January 21, 2022 Opinion or Order Filing 24 ORDER APPROVING STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. Signed by Judge Maxine M. Chesney on January 21, 2022. (mmclc2, COURT STAFF) (Filed on 1/21/2022)
January 21, 2022 Opinion or Order Set/Reset Deadlines as to #19 MOTION to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)), #26 Order,,, Terminate Motions,,., Set/Reset Deadlines:, Set/Reset Hearing re #26 Order,,, Terminate Motions,, Opposition due by 2/7/2022. Reply due by 2/21/2022. Motion Hearing reset to 3/25/2022 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Joint Case Management Statement due by 4/29/2022. Initial Case Management Conference reset to 5/6/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 1/21/2022)
January 20, 2022 Opinion or Order Filing 23 STIPULATION WITH PROPOSED ORDER [Proposed] Stipulated Protective Order For Standard Litigation filed by Janette C. Miller, Miller and Perotti Real Estate Appraisals, Inc.. (Catalanotti, Peter) (Filed on 1/20/2022)
January 18, 2022 Opinion or Order Set/Reset Deadlines as to #19 MOTION to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)). Motion Hearing set for 3/4/2022 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tl, COURT STAFF) (Filed on 1/18/2022)
January 14, 2022 Opinion or Order Filing 22 Renotice motion hearing re #19 MOTION to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)) Amended Notice Of Motion And Motion To Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)) filed byJanette C. Miller, Miller and Perotti Real Estate Appraisals, Inc.. (Related document(s) #19 ) (Catalanotti, Peter) (Filed on 1/14/2022)
January 14, 2022 Opinion or Order Filing 21 CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 3/18/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 3/11/2022.. Signed by Judge Maxine M. Chesney on 1/14/2022. (tl, COURT STAFF) (Filed on 1/14/2022)
January 11, 2022 Opinion or Order Filing 20 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Joseph C. Spero 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 1/11/22. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 1/11/2022)
January 11, 2022 Opinion or Order #Electronic filing error. Profile for attorneys Peter Christopher Catalanotti and Madonna Ann Herman needs to be updated in the database. Re: #19 MOTION to Dismiss F or Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)) filed by Janette C. Miller, Miller and Perotti Real Estate Appraisals, Inc. (mcl, COURT STAFF) (Filed on 1/11/2022)
January 10, 2022 Opinion or Order Filing 19 MOTION to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)) filed by Janette C. Miller, Miller and Perotti Real Estate Appraisals, Inc.. Motion Hearing set for 3/4/2022 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 1/24/2022. Replies due by 1/31/2022. (Attachments: #1 Defendants Janette C. Miller And Miller And Perotti Real Estate Appraisal, Inc. Certification Of Interested Entities Or Persons)(Catalanotti, Peter) (Filed on 1/10/2022)
January 10, 2022 Opinion or Order Filing 18 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. (klh, COURT STAFF) (Filed on 1/10/2022)
January 7, 2022 Opinion or Order Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AMC Links LLC.. (Attachments: #1 Certificate/Proof of Service Declination To Magistrate Judge Jurisdiction)(Graft, Alexander) (Filed on 1/7/2022)
January 7, 2022 Opinion or Order Filing 16 Certificate of Interested Entities by AMC Links LLC (Attachments: #1 Certificate/Proof of Service Defendant, AMC Links LLC.s Certificate of Interested Parties)(Graft, Alexander) (Filed on 1/7/2022)
January 7, 2022 Opinion or Order Filing 15 ANSWER to Complaint with Jury Demand byAMC Links LLC. (Attachments: #1 Certificate/Proof of Service Defendant, AMC Links LLC.s Answer to Plaintiffs Complaint; Request for Jury Trial)(Graft, Alexander) (Filed on 1/7/2022)
January 7, 2022 Opinion or Order Address for attorney Brian Slome updated on the docket. (mcl, COURT STAFF) (Filed on 1/7/2022)
January 3, 2022 Opinion or Order Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Paul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin.. (Cristol-Deman, Liza) (Filed on 1/3/2022)
December 20, 2021 Opinion or Order Filing 13 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 1/3/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 12/20/2021)
December 8, 2021 Opinion or Order Filing 12 SUMMONS Returned Executed by Fair Housing Advocates of Northern California, Paul Austin, Tenisha Tate-Austin. AMC Links LLC served on 12/6/2021, answer due 12/27/2021. (Cristol-Deman, Liza) (Filed on 12/8/2021)
December 8, 2021 Opinion or Order Filing 11 SUMMONS Returned Executed by Fair Housing Advocates of Northern California, Paul Austin, Tenisha Tate-Austin. Janette C. Miller served on 12/6/2021, answer due 12/27/2021; Miller and Perotti Real Estate Appraisals, Inc. served on 12/6/2021, answer due 12/27/2021. (Cristol-Deman, Liza) (Filed on 12/8/2021)
December 3, 2021 Opinion or Order Filing 10 Summons Issued as to AMC Links LLC. (slh, COURT STAFF) (Filed on 12/3/2021)
December 3, 2021 Opinion or Order Filing 9 Summons Issued as to Miller and Perotti Real Estate Appraisals, Inc.. (slh, COURT STAFF) (Filed on 12/3/2021)
December 3, 2021 Opinion or Order Filing 8 Summons Issued as to Janette C. Miller. (slh, COURT STAFF) (Filed on 12/3/2021)
December 3, 2021 Opinion or Order Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/25/2022. Initial Case Management Conference set for 3/4/2022 02:00 PM in San Francisco, Courtroom F, 15th Floor. (slh, COURT STAFF) (Filed on 12/3/2021)
December 2, 2021 Opinion or Order Filing 6 Case assigned to Magistrate Judge Joseph C. Spero. 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 12/16/2021. (mbc, COURT STAFF) (Filed on 12/2/2021)
December 2, 2021 Opinion or Order Filing 5 Proposed Summons. (Cristol-Deman, Liza) (Filed on 12/2/2021)
December 2, 2021 Opinion or Order Filing 4 Proposed Summons. (Cristol-Deman, Liza) (Filed on 12/2/2021)
December 2, 2021 Opinion or Order Filing 3 Proposed Summons. (Cristol-Deman, Liza) (Filed on 12/2/2021)
December 2, 2021 Opinion or Order Filing 2 Certificate of Interested Entities by Paul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin (Cristol-Deman, Liza) (Filed on 12/2/2021)
December 2, 2021 Opinion or Order Filing 1 COMPLAINT for Injunctive, Declaratory, and Monetary Relief; Demand for Jury Trial against AMC Links LLC, Janette C. Miller, Miller and Perotti Real Estate Appraisals, Inc. (Filing fee $ 402, receipt number ACANDC-16681839). Filed by Paul Austin, Fair Housing Advocates of Northern California, Tenisha Tate-Austin. (Attachments: #1 Civil Cover Sheet)(Cristol-Deman, Liza) (Filed on 12/2/2021) Modified on 12/3/2021 (slh, COURT STAFF).

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Search for this case: Austin et al v. Miller et al
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Plaintiff: Paul Austin
Represented By: Liza Cristol-Deman
Represented By: Julia Howard-Gibbon
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Plaintiff: Tenisha Tate-Austin
Represented By: Liza Cristol-Deman
Represented By: Julia Howard-Gibbon
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Plaintiff: Fair Housing Advocates of Northern California
Represented By: Liza Cristol-Deman
Represented By: Julia Howard-Gibbon
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Defendant: Janette C. Miller
Represented By: Peter Christopher Catalanotti
Represented By: Madonna Ann Herman
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Defendant: Miller and Perotti Real Estate Appraisals, Inc.
Represented By: Peter Christopher Catalanotti
Represented By: Madonna Ann Herman
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Defendant: AMC Links LLC
Represented By: Alexander A. Graft
Represented By: Brian Slome
Represented By: Ronald L. Oakes-Cunningham
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Interested party: United States of America
Represented By: Abigail Bryna Marshak
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