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
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. ยง 405 Fair Housing Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
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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