California Apartment Association et al v. County of Alameda et al
| California Apartment Association, Stephen Lin, Rakesh Jain, Tripti Jain, Alison Mitchell, Michael Hagerty, H Alex Alvarez and Dannie Alvarez |
| Alameda County, Alameda County Board of Supervisors, County of Alameda and Board of Supervisors of the County of Alameda |
| 3:2022cv02705 |
| May 5, 2022 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Kandis A Westmore |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 82 CLERK'S NOTICE SETTING ZOOM HEARING: Motion Hearing #81 MOTION for Judgment on the Pleadings set for 2/1/2024 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 12/28/2023. Replies due by 1/12/2024. This proceeding will be held via a Zoom webinar.The court is now holding in-person motions hearings if the parties agree. They must notify the court within two weeks of their preference. Further Case Management Conference previously set for 2/1/2024 is reset to 3/7/2024 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 2/29/2024. 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/lb 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/. (ejk, COURT STAFF) (Filed on 11/13/2023) |
| Filing 81 MOTION for Judgment on the Pleadings filed by Board of Supervisors of the County of Alameda, County of Alameda. Motion Hearing set for 2/1/2024 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 12/28/2023. Replies due by 1/12/2024. (Zinn, Matthew) (Filed on 11/10/2023) |
Filing 80
ORDER re: Stipulated Request Regarding Briefing Schedule. Defendants will file their MSJ on or by 11/10/2023. The hearing will be noticed for 2/1/2024; opposition due: 12/28/2023, reply due: 1/12/2024. The MSJ must be noticed for a hearing on 2/1/2024 at 9:30 a.m. absent stipulation of the parties and further order of the court. As a calendaring device, the court sets a case-management conference on that date for 11:00 a.m. Further Case Management Conference set for 2/1/2024 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 1/25/2024. 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/lb 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/. Signed by Judge Laurel Beeler on 10/19/2023. (ejk, COURT STAFF) (Filed on 10/19/2023)
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| Filing 79 STIPULATION WITH PROPOSED ORDER to Briefing Schedule filed by Board of Supervisors of the County of Alameda, County of Alameda. (Zinn, Matthew) (Filed on 10/18/2023) |
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Filing 78
ORDER re: (141 in 3:22-cv-01274-LB) Stipulated Request to Briefing Schedule and to Continue Case Management Conference. The court approves the briefing schedule. When the defendants file the motion to dismiss, they must reflect the approved dates for the briefing schedule when they notice the motion for a hearing and must notice the motion for any available Thursday at 9:30 a.m. at least two weeks after full briefing. If the timing works out, 12/21/2023 probably would be a good hearing date. Otherwise, the hearing likely would be later in January due to the intervening holiday. Also, when the plaintiffs file their amended complaint, they must attach a blackline compare of the new complaint against the current complaint. Further Case Management Conference set for 12/21/2023 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 12/14/2023.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/lb 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/. Signed by Judge Laurel Beeler on 09/14/2023. (ejk, COURT STAFF) (Filed on 9/14/2023)
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| Filing 77 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Case Management Conference held via Zoom on 8/10/2023. (Not Reported). Total Time in Court: 3 minutes. Plaintiffs' Attorneys: Emily L. Brough, Jonathan Houghton, and Christopher Elliott Skinnell. Defendants' Attorney: Mindy K. Jian and Allison Lee Ehlert. Also appearing: Nicholas Nathan Spear.Further Case Management Conference/Status re: Proposed Amended Complaint set for 9/21/2023 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 9/14/2023. 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/lb 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.) (ejk, COURT STAFF) (Date Filed: 8/10/2023) |
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Filing 76
ORDER re: (137 in 3:22-cv-01274-LB) Stipulated Request to Continue Case Management Conference. Further Case Management Conference previously set for 6/15/2023 is reset to 8/10/2023 at 9:30 AM. Case Management Statement due by 8/3/2023. 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/lb 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/. Signed by Judge Laurel Beeler on 06/09/2023. (ejk, COURT STAFF) (Filed on 6/9/2023)
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Filing 75
ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE. Further Case Management Conference previously set for 5/11/2023 is reset to 6/15/2023 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 6/8/2023. 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/lb 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/. Signed by Judge Laurel Beeler on 05/03/2023. (ejk, COURT STAFF) (Filed on 5/3/2023)
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Filing 74
ORDER to Extend Time for Initial Disclosures. Signed by Judge Laurel Beeler on 05/03/2023. (ejk, COURT STAFF) (Filed on 5/3/2023)
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| Filing 73 JOINT CASE MANAGEMENT STATEMENT & Stipulation to Continue 5-11 Case Management Conference filed by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Exhibit Joint Case Management Statement & Stipulation to Continue 5-11 CMC)(Skinnell, Christopher) (Filed on 5/3/2023) |
| Filing 72 STIPULATION WITH PROPOSED ORDER to Extend Time for Initial Disclosures filed by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Exhibit Stipulation to Extend Time for Initial Disclosures, #2 Declaration of Emily L. Brough)(Skinnell, Christopher) (Filed on 5/3/2023) |
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Filing 71
Order by Magistrate Judge Laurel Beeler denying the defendants' motions to stay (ECF Nos. 115 (No. 22-cv-01274-LB) and 57 (No. 22-cv-02705-LB)). (lblc1, COURT STAFF) (Filed on 4/7/2023)
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| Filing 70 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held via Zoom on 4/6/2023. Matters are argued, submitted and taken under submission. Court to issue order. Total Time in Court: 12 minutes. Digital Recording Time: 10:13 - 10:25. Plaintiffs' Attorney: Christopher Skinnell. Defendants' Attorney: Matthew Zinn. Also appearing: Allison Ehlert and Glenn Bridgman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 4/6/2023) |
| Filing 69 REPLY (re #57 MOTION to Stay ) filed byBoard of Supervisors of the County of Alameda, County of Alameda. (Zinn, Matthew) (Filed on 3/31/2023) |
| Filing 68 Plaintiffs Joinder in OPPOSITION to Motion to Stay (re #57 MOTION to Stay) filed by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Exhibit Brief in Opposition, #2 Declaration of John Protopappas, #3 Declaration of John Williams)(Skinnell, Christopher) (Filed on 3/24/2023) |
| Filing 67 CLERK'S NOTICE RESETTING MOTIONS HEARING: Motions Hearing (115 in 3:22-cv-01274-LB) Motion to Stay and (57 in 3:22-cv-02705-LB) Motion to Stay set for 4/6/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. The briefing schedule remains the same. 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/lb 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/. (ejk, COURT STAFF) (Filed on 3/16/2023) |
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Filing 66
ORDER. The court extends the temporary stay until the pending motion to stay is decided. The court also advances the hearing on that motion to 4/6/2023. The briefing schedule remains the same. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc1, COURT STAFF) (Filed on 3/16/2023)
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| Filing 65 STATEMENT re #57 MOTION to Stay by Board of Supervisors of the County of Alameda, County of Alameda. (Zinn, Matthew) (Filed on 3/15/2023) |
| Filing 64 Plaintiffs' RESPONSE to Court's March 10, 2023 Order re 60 Order, by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Exhibit Plaintiffs' Response to 3-10-23 Minute Order)(Skinnell, Christopher) (Filed on 3/15/2023) |
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Filing 63
ORDER to Extend Deadline to Respond to Court's March 10, 2023 Order. Deadline to respond is extended to 3/15/2023. Signed by Judge Laurel Beeler on 03/13/2023. (ejk, COURT STAFF) (Filed on 3/13/2023)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 62 Statement re 60 Order,, by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Exhibit Request for Additional Time to Respond to 3/10/23 Minute Order, #2 Declaration of Emily L. Brough)(Skinnell, Christopher) (Filed on 3/13/2023) |
| Filing 61 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE: Further Case Management Conference set for 5/11/2023 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 5/4/2023. 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/lb 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/. (ejk, COURT STAFF) (Filed on 3/13/2023)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 60
ORDER. Today, the County filed a motion to stay the cases pending certain decisions by the Ninth Circuit. In its letter to the court at ECF No. 115 (No. 22-cv-01274-LB), the County indicated that it wants an extension of the temporary stay until that motion is decided. For now, the court extends the temporary stay in each case until Wednesday, 3/15/2023. The court asks the parties to confer on whether to extend the temporary stay until the pending motion is decided and to file a statement of up to five pages with their respective positions on Monday, 3/13/2023. Alternatively, the parties may stipulate to extend the temporary stay. (lblc1, COURT STAFF) (Filed on 3/10/2023)
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| Filing 59 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing (115 in 3:22-cv-01274-LB) MOTION to Stay and (57 in 3:22-cv-02705-LB) MOTION to Stay set for 4/20/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 3/24/2023. Replies due by 3/31/2023. 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/lb 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.) (ejk, COURT STAFF) (Filed on 3/10/2023)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 58 County Defendants' Request for Judicial Notice in Support of Motion for Stay re #57 MOTION to Stay filed by Board of Supervisors of the County of Alameda, County of Alameda. (Related document(s) #57 ) (Zinn, Matthew) (Filed on 3/10/2023) |
| Filing 57 County Defendants' MOTION to Stay filed by Board of Supervisors of the County of Alameda, County of Alameda. Motion Hearing set for 4/20/2023 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 3/24/2023. Replies due by 3/31/2023. (Zinn, Matthew) (Filed on 3/10/2023) |
| Filing 56 Letter from Defendants and Respondents Alameda County and Alameda County Board of Supervisors re intention to request a stay. (Zinn, Matthew) (Filed on 3/3/2023) |
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Filing 55
Order by Magistrate Judge Laurel Beeler denying the plaintiffs' motions to certify the summary-judgment order for interlocutory appeal and stay the cases (ECF Nos. 101 (No. 22-cv-01274-LB) and 48 (No. 22-cv-02705-LB)). (lblc1, COURT STAFF) (Filed on 2/24/2023)
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| Filing 54 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing/Further Case Management Conference held via Zoom on 2/9/2023. Matters are argued, submitted and taken under submission. The court asks the parties to file a statement today listing the three cases that were discussed at the hearing and are to be heard by the Ninth Circuit in April. The statement should include citations to the underlying district court orders. Court to issue order. Total Time in Court: 16 minutes. Digital Recording Time: 12:02 - 12:18. Plaintiffs' Attorneys: Andrew Zacks, Jonathan Houghton, Sam Spiegelman, and Christopher Skinnell. Defendants' Attorney: Matthew Zinn. Also appearing: Nicholas Spear. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 2/9/2023) |
| Motions Hearing set for 2/9/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Further Case Management Conference set for 2/9/2023 9:30 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/lb Ge neral 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/. (ejk, COURT STAFF) (Filed on 2/2/2023) |
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Filing 53
ORDER The court would benefit from more time to work on the motion and so continues the motion one week to 2/9/2023 at 9:30 a.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 2/1/2023)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 52 JOINT CASE MANAGEMENT STATEMENT Relating to February 2, 2023 Case Management Conference filed by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Exhibit Joint Case Management Statement)(Skinnell, Christopher) (Filed on 1/26/2023) |
| Filing 51 Plaintiffs' Joinder In, and Submission of, Reply In Support of Motion for Certification of Interlocutory Appeal by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Exhibit Reply in Support of Motion to Certify Interlocutory Appeal)(Skinnell, Christopher) (Filed on 1/19/2023) |
| Filing 50 CLERK'S NOTICE CONTINUING 1/26/2023 FURTHER CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 1/26/2023. Further Case Management Conference reset to 2/2/2023 at 09:30 AM by 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/lb 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 associate d with this entry.)(bxs, COURT STAFF) (Filed on 1/6/2023)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 49 JOINT REQUEST AND STIPULATION TO CONTINUE AND STAY CERTAIN PRETRIAL DEADLINES; [PROPOSED] ORDER re 45 Clerk's Notice, Util - Teleconference Zoom filed by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Exhibit JOINT REQUEST AND STIPULATION TO CONTINUE THE JANUARY 26, 2023 CASE MANAGEMENT CONFERENCE)(Skinnell, Christopher) (Filed on 1/5/2023) |
| Filing 48 Joinder in Motion for Certification of Interlocutory Appeal by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Skinnell, Christopher) (Filed on 12/29/2022) |
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Filing 47
ORDER re: Stipulation to Continue and Stay Certain Pretrial Deadlines (46 in 3:22-cv-02705-LB) and (99 in 3:22-cv-01274-LB). Signed by Judge Laurel Beeler on 12/15/2022. (ejk, COURT STAFF) (Filed on 12/15/2022)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 46 Joint Request and STIPULATION to Continue and Stay Certain Pretrial Deadlines; PROPOSED ORDER re #21 Case Management Scheduling Order, Util - Teleconference Zoom, #44 Stipulation with Proposed Order re #42 Order, Terminate Motions, Set Deadlines/Hearings, Util - Teleconference Zoom, Joint Request and Stipulation to Continue the December 15, 2022 Case Management Conference filed by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Proposed Order Stipulation & Proposed Order, #2 Declaration of Emily L. Brough, #3 Certificate/Proof of Service)(Skinnell, Christopher) (Filed on 12/14/2022) |
| Filing 45 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Pursuant to the parties' stipulation, the court resets the CMC previously set for 12/15/2022 to 1/26/2023 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 1/19/2023. 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 #ht tps://www.cand.uscourts.gov/lb 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/. (ejk, COURT STAFF) (Filed on 12/8/2 022)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 44 Joint Request and STIPULATION to Continue the December 15, 2022 Case Management Conference WITH PROPOSED ORDER re #42 Order, Terminate Motions, Set Deadlines/Hearings, Util - Teleconference Zoom, filed by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Exhibit Joint Request and Stipulation to Continue the December 15, 2022 Case Management Conference)(Skinnell, Christopher) (Filed on 12/8/2022) |
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Filing 43
ORDERIn the attached order, the court denies the plaintiffs' summary-judgment motions on several grounds. First, the ordinances are not an impermissible physical or per se taking because they are temporary and not indefinite on their face, do not absolve renters of their obligation to pay rent, and include exceptions allowing the landlords to leave the rental business. Yee v. Escondido, 503 U.S. 519, 532 (1992); Cedar Point Nursery v. Hassid, 141 S. Ct. 2063, 2069 (2021). Second, they do not facially violate the Contracts Clause. They are not a substantial impairment of the plaintiffs' contract rights because the elimination of the eviction remedy -- except under certain circumstances -- does not totally extinguish those rights. And the plaintiffs have not met their burden to show that the ordinances were an unreasonable response to a legitimate public problem. See Apartment Assn of L.A. Cnty., Inc. v. City of Los Angeles, 10 F.4th 905, 91314 (9th Cir. 2021).Third, the ordinances do not violate the Due Process Clause because they do not deny landlords a hearing and instead provide tenants with stronger eviction defenses. Fourth, the ordinances do not conflict with California law. The relevant state eviction laws allow municipalities to enact eviction restrictions that are more protective of renters. The ordinances include exceptions for Ellis Act evictions. Furthermore, the City and the County had authority to enact the challenged ordinances under California election law. (Beeler, Laurel) (Filed on 11/22/2022)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 42
ORDER re: (41 in 3:22-cv-02705-LB) Stipulation to Continue 11-10-22 Case Management Conference. Further Case Management Conference previously set for 11/10/2022 is reset to 12/15/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 12/8/2022. 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/lb 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/. Signed by Judge Lau rel Beeler on 11/04/2022. (ejk, COURT STAFF) (Filed on 11/4/2022)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 41 JOINT REQUEST AND STIPULATION WITH PROPOSED ORDER to Continue the November 10, 2022 Case Management Conference re 22 Clerk's Notice filed by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Proposed Order Continuing 11-10-22 CMC)(Skinnell, Christopher) (Filed on 11/3/2022). |
| Filing 40 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motions Hearing held on 9/29/2022. Matters are argued, submitted and taken under submission. Court to issue order. Total Time in Court: 1 hour, 50 minutes. Digital Recording Time: 11:30 - 1:20. Plaintiffs' Attorneys: Andrew Zacks, Jonathan Houghton, and Christopher Skinnell. Defendants' Attorneys: Matthew Zinn and Cynthia F. Stein.Intervenor Defendant: Nicholas Spear. Movant: Christopher Skinnel. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 9/29/2022) |
| Set/Reset Deadlines as to #25 MOTION for Summary Judgment (Corrected), #23 MOTION for Summary Judgment on Bifurcated Facial Claims. (ejk, COURT STAFF) (Filed on 9/26/2022) |
| Filing 39 CLERK'S NOTICE SETTING TELEPHONIC ACCESS TO MOTION HEARING. The in-person motion set for September 29, 2022 will also be held by AT&T Conference Line (Listen Only). The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 877-336-1839Access Code: 8191201PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 9/23/2022) Modified on 9/23/2022 (ejk, COURT STAFF). |
| Filing 38 CLERK'S NOTICE SETTING IN-PERSON HEARING: Motions Hearing (61 in 3:22-cv-01274-LB) MOTION for Summary Judgment PLAINTIFFS AND PETITIONERS NOTICE OF RULE 56 MOTION ON BIFURCATED CLAIMS AND RULE 56 MOTION ON BIFURCATED CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES and (25 in 3:22-cv-02705-LB) MOTION for Summary Judgment (Corrected) set for 9/29/2022 at 9:30 AM in San Francisco, Courtroom D, 15th Floor before Magistrate Judge Laurel Beeler. (ejk, COURT STAFF) (Filed on 9/14/2022) |
| Filing 37 RESPONSE re #34 Objection to Plaintiffs' Declarations in Support of Plaintiffs' Motion for Summary Judgment by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Skinnell, Christopher) (Filed on 9/13/2022) |
| Filing 36 REPLY (re #25 MOTION for Summary Judgment (Corrected) ) filed byDannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Skinnell, Christopher) (Filed on 9/13/2022) |
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Filing 35
ORDER.For the amicus briefs at ECF Nos. 77 and 79, and given the legal standards that attend the court's consideration of them, the court generally views the motions to file the briefs as administrative motions that require a four-day response. N.D. Cal. Civ. L. R. 7-11(b). That deadline expired yesterday. In the interest of efficiency (because it does not seem efficient to have the briefing schedule that the docket now shows), the court asks the parties to confer and to submit a short joint statement with their positions by tomorrow, September 14, 2022. The court thinks it is appropriate to allow the briefs but asks for any input. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 9/13/2022)
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| Filing 34 OBJECTIONS to re #25 MOTION for Summary Judgment (Corrected) Declarations by Board of Supervisors of the County of Alameda, County of Alameda. (Zinn, Matthew) (Filed on 9/9/2022) |
| Filing 33 Request for Judicial Notice re #32 Opposition/Response to Motion filed byBoard of Supervisors of the County of Alameda, County of Alameda. (Related document(s) #32 ) (Zinn, Matthew) (Filed on 9/6/2022) |
| Filing 32 OPPOSITION/RESPONSE (re #25 MOTION for Summary Judgment (Corrected) ) filed byBoard of Supervisors of the County of Alameda, County of Alameda. (Zinn, Matthew) (Filed on 9/6/2022) |
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Filing 31
Order by Magistrate Judge Laurel Beeler granting (70) Administrative Motion to Hold Sept. 29, 2022 Hearing in Person. Associated Cases: 3:22-cv-01274-LB, 3:22-cv-02705-LB(ejk, COURT STAFF) (Filed on 9/6/2022)
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Filing 30
Order by Magistrate Judge Laurel Beeler granting (67) Stipulation to Increase Page Limit. Associated Cases: 3:22-cv-01274-LB, 3:22-cv-02705-LB(ejk, COURT STAFF) (Filed on 8/29/2022)
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| Filing 29 STIPULATION WITH PROPOSED ORDER to Increase Page Limit filed by Board of Supervisors of the County of Alameda, County of Alameda. (Zinn, Matthew) (Filed on 8/26/2022) |
| Filing 28 Request for Judicial Notice re #25 MOTION for Summary Judgment (Corrected) Supplemental Request filed byDannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Related document(s) #25 ) (Skinnell, Christopher) (Filed on 8/12/2022) |
| Filing 27 CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE: Further Case Mgmt Conference previously set for 8/4/2022 at 9:30 AM is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 7/29/2022) |
| Filing 26 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing #25 MOTION for Summary Judgment (Corrected) set for 9/29/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 9/6/2022. Replies due by 9/13/2022. 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/lb 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 tex t-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 7/19/2022) |
| Filing 25 MOTION for Summary Judgment (Corrected) filed by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. Motion Hearing set for 9/29/2022 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 9/6/2022. Replies due by 9/13/2022. (Attachments: #1 Declaration of Tom Bannon, #2 Declaration of Stephen Lin, #3 Declaration of Alison Mitchell, #4 Declaration of Michael Hagerty, #5 Declaration of H Alex Alvarez, #6 Declaration of Tripti Jain)(Skinnell, Christopher) (Filed on 7/18/2022) |
| Filing 24 Request for Judicial Notice re #23 MOTION for Summary Judgment on Bifurcated Facial Claims filed byDannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Related document(s) #23 ) (Skinnell, Christopher) (Filed on 7/18/2022) |
| Filing 23 MOTION for Summary Judgment on Bifurcated Facial Claims filed by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. Motion Hearing set for 9/29/2022 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 9/6/2022. Replies due by 9/13/2022. (Attachments: #1 Declaration of Tom Bannon, #2 Declaration of Stephen Lin, #3 Declaration of Alison Mitchell, #4 Declaration of Michael Hagerty, #5 Declaration of H. Alex Alvarez)(Skinnell, Christopher) (Filed on 7/18/2022) |
| Filing 22 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Further Case Management Conference set for 11/9/2022 is reset to Thursday, 11/10/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 11/3/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 7/7/2022) |
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Filing 21
CASE MANAGEMENT SCHEDULING ORDER (JURY). The case schedule is in the attached scheduling order. The court more or less gave the time that the defense requested in large part due to the trial in August and also because there are two cases, two motions, and other scheduling conflicts. But if the trial disappears, then the court has rolled back the dates for the oppositions and replies by about one week, primarily so that the court has enough time to prepare adequately before the hearing. Depending on how voluminous the filings are, the court might be able to advance the hearing date one week but for now does not. (If the parties need extra time, presumably the court does too.) The court built in an interim CMC so that it can be explicit to everyone what the schedule is long before the due dates in August. Finally, the court does not calendar motions hearings and instead relies on the moving parties to notice the motions for the right hearing date and to reflect the approved briefing schedule when doing so. (The administrative reason is that parties stipulate to new dates or sometimes do not file at all. A hearing thus becomes concrete only when a party files a motion and notices it for that date.) Deadline to file for round one Rule 56 motions 7/18/2022. Further status update due about counsels trial schedule 7/28/2022. Further CMC on filing dates 8/4/2022 at 9:30 a.m. Oppositions due 9/6/2022 (8/29/2022 if trial goes away) Replies due 9/13/2022 (9/6/2022 if trial goes away) Hearing: 9/29/2022 at 9:30 a.m./11:00 a.m.Initial Disclosures: Four weeks after order issues. Updated joint case management conference statement due 11/2/2022; Further Case Management Conference set for 11/9/2022 at 9:30 a.m.ADR completion date: TBD at next CMC. Non-expert discovery due 1/24/2023.Expert disclosures due 1/24/2023; Rebuttals due 2/14/2023.Expert discovery due 3/9/2023.Last hearing date for dispositive motions and/or further case management conference: 3/2/2023 at 9:30 a.m./11:00 a.m.Meet and confer re pretrial filings due 3/6/2023.Pretrial filings due 3/23/2023; Oppositions, objections, exhibits, and depo designations due 3/30/2023.Final Pretrial Conference set for 4/13/2023 at 01:00 PM in Courtroom B, 15th Floor, San Francisco. Jury Selection set for 4/24/2023 at 8:30 AM. Jury Trial set for 4/24/2023 - 4/28/2023 at 08:30 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Perso ns 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/. Signed by Judge Laurel Beeler on 06/10/2022. (ejk, COURT STAFF) (Filed on 6/10/2022)
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| Filing 20 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Initial Case Management Conference held via Zoom on 6/9/2022. Scheduling Order to issue. (Not Reported). Total Time in Court: 16 minutes. Plaintiffs' Attorneys:, Emily L. Brough, Jonathan Houghton, Hilary Gibson, and Christopher Skinnell. Defendants' Attorney: Cynthia F. Stein and Matthew Zinn. Intervenor Defendant: Nicholas Spear. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 6/9/2022) |
| Filing 19 JOINT CASE MANAGEMENT STATEMENT JOINT SUBMISSION RE JUNE 2, 2022 DOCKET ORDER filed by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell. (Attachments: #1 Exhibit Joint Submission from Williams v. Alameda County)(Skinnell, Christopher) (Filed on 6/8/2022) |
| Filing 18 ANSWER to Complaint byBoard of Supervisors of the County of Alameda, County of Alameda. (Zinn, Matthew) (Filed on 6/7/2022) |
| Filing 17 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held via Zoom on 6/2/2022. Court granted the motion to the extent it will stage the case and will have a scheduling conference on 6/9/2022. Parties are directed to file a proposed schedule in both cases by 2:00 p.m. on 6/8/2022. Total Time in Court: 13 minutes. Digital Recording Time: 9:55 - 10:08. Plaintiffs' Attorneys: Andrew Zacks and Emily L. Brough. Defendants' Attorneys: Matthew Zinn and Cynthia F. Stein. Also appearing: Nicholas Spear. Initial Case Management Conference previously set for 7/28/2022 is advanced to 6/9/2022 at 9:30 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/lb 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.) (ejk, COURT STAFF) (Date Filed: 6/2/2022) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Board of Supervisors of the County of Alameda, County of Alameda.. (Zinn, Matthew) (Filed on 5/26/2022) |
| Filing 15 CLERK'S NOTICE Re: Consent or Declination: Defendants 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. Consent/Declination due by 6/9/2022. (ejk, COURT STAFF) (Filed on 5/26/2022) |
| Filing 14 STIPULATION to Extend Time to Respond to Complaint filed by Board of Supervisors of the County of Alameda, County of Alameda. (Zinn, Matthew) (Filed on 5/26/2022) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell.. (Attachments: #1 Certificate/Proof of Service)(Skinnell, Christopher) (Filed on 5/18/2022) |
| Filing 12 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. Consent/Declination due by 5/24/2022. (ejk, COURT STAFF) (Filed on 5/17/2022) |
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Filing 11
ORDER RELATING CASE. The court finds the cases related: 3:22-cv-01274-LB and 4:22-cv-02705-KAW. Signed by Judge Laurel Beeler on 05/17/2022. (ejk, COURT STAFF) (Filed on 5/17/2022)
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| Case Reassigned to Magistrate Judge Laurel Beeler. Magistrate Judge Kandis A. Westmore no longer assigned to the case. (jlg, COURT STAFF) (Filed on 5/17/2022) |
| Filing 10 SUMMONS Returned Executed by Michael Hagerty, Rakesh Jain, H Alex Alvarez, Stephen Lin, Dannie Alvarez, California Apartment Association, Tripti Jain, Alison Mitchell. Board of Supervisors of the Counrt of Alameda served on 5/9/2022, answer due 5/31/2022. (Skinnell, Christopher) (Filed on 5/12/2022) |
| Filing 9 SUMMONS Returned Executed by Michael Hagerty, Rakesh Jain, H Alex Alvarez, Stephen Lin, Dannie Alvarez, California Apartment Association, Tripti Jain, Alison Mitchell. County of Alameda served on 5/9/2022, answer due 5/31/2022. (Skinnell, Christopher) (Filed on 5/12/2022) |
| #Electronic filing error. Incorrect event used for Summons Returned Executed. [err101]This filing will not be processed by the clerks office.Please re-file in its entirety using th e "Summons Returned Executed" event. Re: #7 Certificate of Service, filed by H Alex Alvarez, Tripti Jain, Rakesh Jain, Dannie Alvarez, California Apartment Association, Alison Mitchell, Michael Hagerty, Stephen Lin, #8 Certificate of Service, filed by H Alex Alvarez, Tripti Jain, Rakesh Jain, Dannie Alvarez, California Apartment Association, Alison Mitchell, Michael Hagerty, Stephen Lin (ark, COURT STAFF) (Filed on 5/11/2022) |
| Filing 8 CERTIFICATE OF SERVICE by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell re #1 Complaint, on Board of Supervisors of Alameda County (Skinnell, Christopher) (Filed on 5/10/2022) |
| Filing 7 CERTIFICATE OF SERVICE by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell re #1 Complaint, on County of Alameda (Skinnell, Christopher) (Filed on 5/10/2022) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/2/2022. Initial Case Management Conference set for 8/9/2022 01:30 PM in Oakland, - To be determined. (ark, COURT STAFF) (Filed on 5/6/2022) |
| Filing 5 Summons Issued as to Board of Supervisors of the Counrt of Alameda, County of Alameda. (ark, COURT STAFF) (Filed on 5/6/2022) |
| Filing 4 Case assigned to Magistrate Judge Kandis A. Westmore. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/19/2022. (jlg, COURT STAFF) (Filed on 5/5/2022) |
| Filing 3 Proposed Summons. (Skinnell, Christopher) (Filed on 5/5/2022) |
| Filing 2 Certificate of Interested Entities by Dannie Alvarez, H Alex Alvarez, California Apartment Association, Michael Hagerty, Rakesh Jain, Tripti Jain, Stephen Lin, Alison Mitchell (Skinnell, Christopher) (Filed on 5/5/2022) |
| Filing 1 COMPLAINT for Damages, Injunctive, and Declaratory Relief; Petition for Writ of Mandate against Alameda County, Alameda County Board of Supervisors ( Filing fee $ 402, receipt number ACANDC-17148075.). Filed byMichael Hagerty, Rakesh Jain, H Alex Alvarez, Stephen Lin, Dannie Alvarez, California Apartment Association, Tripti Jain, Alison Mitchell. (Attachments: #1 Civil Cover Sheet)(Skinnell, Christopher) (Filed on 5/5/2022) |
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