Knight v. Richardson Bay Regional Agency et al
| Daniel Knight |
| Richardson Bay Regional Agency, James Malcolm, Regional Government Services, Steven McGrath, Rebecca Shwartz Lesberg, Coastal Policy Solutions, Bay Conservation and Development Commission, City of Mill Valley, Todd Cusimano, Town of Tiburon, Greg Chanis, City of Belvedere, Robert Zadnik, Greg Scharff, Marin County Sheriffs Department, Jamie Scardina, Marin County, Daniel Eilerman, United States Coast Guard and Taylor Lam |
| 3:2022cv06347 |
| October 21, 2022 |
| US District Court for the Northern District of California |
| William H Orrick |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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Filing 43
ORDER granting #42 Stipulation for Voluntary Dismissal. Signed by Judge William H. Orrick on 03/31/2023. (jmd, COURT STAFF) (Filed on 3/31/2023)
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Filing 42
STIPULATION WITH PROPOSED ORDER FOR VOLUNTARY DISMISSAL [Fed. R. Civ. P. 41(a)(1)(A)(iii)] filed by Richardson Bay Regional Agency. (Russo, David) (Filed on 3/31/2023)
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Filing 41
Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Settlement Conference held on 3/2/2023. Case settled. The parties will execute a written settlement agreement. Total Time in Court: 2 hours. Not reported. Attorney for Plaintiff: J. David Breemer. Client Representative: Daniel Knight. Attorney for Defendants: David Russo. Client Representatives: Jenna Brady, Brad Gross, Jim Malcolm, and Jim Pegg (Insurance Carrier). (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 3/2/2023)
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Filing 40
Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 2/8/2023 re #24 MOTION to Dismiss. Motion taken under submission; written order to follow. Total Time in Court: 25 minutes. Court Reporter: Debra Pas. Plaintiff Attorney: Jan Dave Breemer. Defendant Attorney: David E. Russo. (jmd, COURT STAFF) (Date Filed: 2/8/2023)
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Filing 39
CLERKS NOTICE SETTING ZOOM HEARING - The Hearing on Motion to Dismiss set for 2/8/2023 at 2:00 p.m. will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who 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.) (jmd, COURT STAFF) (Filed on 2/1/2023) Corrected and regenerate on 2/1/2023 to correct hearing date to 2/8/2023 (jmd, COURT STAFF).
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Filing 38
ORDER Granting Substitution of Attorney. Signed by Judge William H. Orrick on 2/1/2023. (jmd, COURT STAFF) (Filed on 2/1/2023)
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Filing 37
ORDER Granting Substitution of Attorney. Signed by Judge William H. Orrick on 2/1/2023. (jmd, COURT STAFF) (Filed on 2/1/2023)
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Filing 36
ORDER Substituting Counsel. Signed by Judge William H. Orrick on 2/1/2023. (jmd, COURT STAFF) (Filed on 2/1/2023)
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Filing 35
NOTICE of Substitution of Counsel with Proposed Order by David Vincent Roth in re: James Malcolm (Roth, David) (Filed on 1/23/2023) Modified on 1/23/2023 (gba, COURT STAFF).
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Filing 34
NOTICE of Substitution of Counsel with Proposed Order by David Vincent Roth in re: Steven McGrath (Roth, David) (Filed on 1/23/2023) Modified on 1/23/2023 (gba, COURT STAFF).
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Filing 33
NOTICE of Substitution of Counsel with Proposed Order by David Vincent Roth in re: Richardson's Bay Regional Agency (Roth, David) (Filed on 1/23/2023) Modified on 1/23/2023 (gba, COURT STAFF).
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Filing 32
REPLY (re #24 MOTION to Dismiss Under FRCP 12(b)(6) ) filed by Richardson Bay Regional Agency. (Roth, David) (Filed on 1/20/2023) Modified on 1/20/2023 (kmg, COURT STAFF).
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Filing 31
ADR Clerk's Notice Vacating Appointment of Mediator William Simmons #15 . (af, COURT STAFF) (Filed on 1/18/2023)
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Filing 30
OPPOSITION/RESPONSE (re #24 MOTION to Dismiss Under FRCP 12(b)(6) ) filed byDaniel Knight. (Breemer, Jan) (Filed on 1/13/2023)
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Filing 29
NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Signed by Magistrate Judge Sallie Kim on 1/13/2023. Settlement Conference set for 3/2/2023 09:30 AM in San Francisco - Videoconference Only. This proceeding will be held via 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 2/28/2023 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/. (mkl, COURT STAFF) (Filed on 1/13/2023)
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Filing 28
Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Scheduling Conference held on 1/13/2023. Settlement conference set for 2/28/2023 at 9:30 AM by video. The Court will issue a settlement conference order. AFTER COURT: The courtroom deputy contacted the parties to reschedule the settlement conference due to a conflict. The settlement conference is rescheduled to 3/2/2023 at 9:30 AM by video. Total Time in Court: 5 minutes. Not reported. Attorney for Plaintiff: Jan Breemer. Attorney for Defendants: David Roth. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 1/13/2023)
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Filing 27
NOTICE OF VIDEO SCHEDULING CONFERENCE FOR SETTLEMENT CONFERENCE. (The attached notice contains Zoom meeting information counsel will need to participate.) Scheduling Conference set for 1/13/2023 09:00 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 1/6/2023. (mkl, COURT STAFF) (Filed on 1/6/2023)
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CASE REFERRED to Magistrate Judge Sallie Kim for Settlement (mkl, COURT STAFF) (Filed on 1/5/2023)
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Filing 26
Minute Entry for proceedings held before Judge William H. Orrick: Hearing on #17 Motion for Preliminary Injunction and Case Management Conference held on 1/4/2023. Motion granted. CASE REFERRED to Magistrate Judge for Settlement Conference. Close of Fact Discovery: 5/22/2023. Dispositive Motions to be heard by 8/16/2023. Pretrial Conference set for 10/2/2023 02:00 PM and Jury Trial set for 10/16/2023 08:30 AM, both in San Francisco, Courtroom 2, 17th Floor, before Judge William H. Orrick. Total Time in Court: 8 minutes. Court Reporter: Ana Dub. Plaintiff Attorney: J. David Breemer. Defendant Attorney: David V. Roth. (jmd, COURT STAFF) (Date Filed: 1/4/2023)
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Filing 25
CLERKS NOTICE SETTING ZOOM HEARING - The Motion Hearing set for 1/4/2023 02:00 PM will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadca sting 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/< /A<. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 1/3/2023)
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Filing 24
MOTION to Dismiss Under FRCP 12(b)(6) filed by James Malcolm, Steven McGrath, Richardson Bay Regional Agency. Motion Hearing set for 2/8/2023 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 1/13/2023. Replies due by 1/20/2023. (Attachments: #1 Proposed Order)(Roth, David) (Filed on 12/30/2022) Modified on 1/9/2023 (gba, COURT STAFF).
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Filing 23
Order by Judge William H. Orrick granting #21 Motion to file the Reply late. The Reply is accepted for filing and will be considered. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wholc3, COURT STAFF) (Filed on 12/15/2022)
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Filing 21
MOTION to File Reply Brief in Support of Preliminary Injunction Out of Time (Unopposed) filed by Daniel Knight. Motion Hearing set for 1/4/2022 02:00 PM in Do Not Use Videoconference Only before Judge William H. Orrick. Responses due by 12/29/2022. Replies due by 1/4/2023. (Attachments: #1 Reply in Support of (Renewed) Motion for Preliminary Injunction, #2 Proposed Order)(Breemer, Jan) (Filed on 12/15/2022)
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Filing 22
SUMMONS Returned Executed James Malcolm served on 12/9/2022, answer due 12/30/2022; Steven McGrath served on 12/9/2022, answer due 12/30/2022; Richardson Bay Regional Agency served on 12/9/2022, answer due 12/30/2022. (gba, COURT STAFF) (Filed on 12/14/2022)
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Filing 20
NOTICE of Acknowledgment of Receipt re #18 Summons Issued. (gba, COURT STAFF) (Filed on 12/7/2022)
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Filing 19
OPPOSITION/RESPONSE (re #17 MOTION for Preliminary Injunction (Renewed Motion) ) filed byJames Malcolm, Steven McGrath, Richardson Bay Regional Agency. (Attachments: #1 Declaration, #2 Proposed Order)(Roth, David) (Filed on 12/6/2022)
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Filing 18
Summons Issued as to James Malcolm, Steven McGrath, Richardson Bay Regional Agency. (Attachments: #1 USM-285 Forms) (gba, COURT STAFF) (Filed on 11/22/2022)
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Filing 17
MOTION for Preliminary Injunction (Renewed Motion) filed by Daniel Knight. Motion Hearing set for 1/4/2023 02:00 PM in Do Not Use Videoconference Only before Judge William H. Orrick. Responses due by 12/6/2022. Replies due by 12/13/2022. (Attachments: #1 Exhibit A - 2d Declaration of Daniel Knight, #2 Exhibit B - 2020 - 2021 Photos, #3 Exhibit C - Photos of inside of boat taken Nov. 17, 2022, #4 Exhibit D - BCDC Agreement, #5 Exhibit E - Buyback program material, #6 Exhibit F - Buyback contract, #7 Exhibit G - San Francisco Chronicle Article, #8 Exhibit H - Joint Powers Agreement, #9 Exhibit I - Declaration of Shannon Satterfield, #10 Exhibit J - Photos of boat taken November 2, 2022, #11 Exhibit K - Notice to Knight to remove marine debris, #12 Proposed Order)(Breemer, Jan) (Filed on 11/22/2022)
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Set/Reset Hearing Mediation Hearing set for 12/6/2022 10:00 AM via Zoom. (af, COURT STAFF) (Filed on 11/16/2022)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 16
NOTICE of Appearance by Jan David Breemer (Breemer, Jan) (Filed on 11/7/2022)
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Filing 15
ADR Clerk's Notice Appointing William Simmons as Mediator. (af, COURT STAFF) (Filed on 11/3/2022)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 14
ADR Remark: ADR Phone Conference held on 10/31/2022 by Tamara Lange. (af, COURT STAFF) (Filed on 10/31/2022) (This is a text-only entry generated by the court. There is no document associated with this entry.)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 13
ADR Clerk's Notice Setting ADR Phone Conference on Monday, October 31, 2022, at 2:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 10/27/2022)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 12
ORDER GRANTING TEMPORARY RESTRAINING ORDER re #3 MOTION. Signed by Judge William H. Orrick on 10/27/2022. (jmd, COURT STAFF) (Filed on 10/27/2022)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 11
Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 10/27/2022 re: #3 MOTION for Temporary Restraining Order. #2 Motion for Leave to Proceed in forma pauperis is granted; #4 Motion to Appoint Counsel is denied. Briefing schedule for motion for Preliminary Injunction set. Motion Hearing set for 1/4/2023 02:00 PM via Videoconference before Judge William H. Orrick. Digital Recording Time: 9:00-9:12. (jmd, COURT STAFF) (Date Filed: 10/27/2022)
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CASE REFERRED to Mediation. (cmf, COURT STAFF) (Filed on 10/27/2022)
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Filing 10
OPPOSITION/RESPONSE (re #3 MOTION for Temporary Restraining Order ) filed byJames Malcolm, Steven McGrath, Richardson Bay Regional Agency. (Attachments: #1 Declaration Jim Malcolm's Declaration in Support of The Opposition to Plaintiff's Temporary Restraining Order/Preliminary Injunction, #2 Exhibit A to Jim Malcolm's Declaration, #3 Exhibit B to Jim Malcolm's Declaration, #4 Exhibit C to Jim Malcolm's Declaration, #5 Exhibit D to Jim Malcolm's Declaration, #6 Exhibit E to Jim Malcolm's Declaration, #7 Exhibit F to Jim Malcolm's Declaration, #8 Exhibit G to Jim Malcolm's Declaration, #9 Proposed Order Denying Plaintiff's Request for Preliminary Injunction/Temporary Retraining Order)(Roth, David) (Filed on 10/25/2022)
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Filing 9
CERTIFICATE OF SERVICE by Daniel Knight re #7 Order (Attachments: #1 Envelope) (gba, COURT STAFF) (Filed on 10/24/2022)
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Filing 8
Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 1/17/2023. Initial Case Management Conference set for 1/24/2023 02:00 PM in San Francisco, Courtroom 02, 17th Floor. (Attachments: #1 Notice of Eligibility for Video Recording) (gba, COURT STAFF) (Filed on 10/21/2022)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 7
ORDER PRESERVING STATUS QUO RE EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER re #3 MOTION for Temporary Restraining Order. Responses due by 10/25/2022. Motion Hearing set for 10/27/2022 09:00 AM before Judge William H. Orrick. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who 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/. (jmd, COURT STAFF) (Filed on 10/21/2022)
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Filing 6
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Daniel Knight. (gba, COURT STAFF) (Filed on 10/21/2022)
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Filing 5
MOTION for Proceedings to Occur Via Zoom filed by Daniel Knight. (gba, COURT STAFF) (Filed on 10/21/2022)
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Filing 4
MOTION to Locate Pro Bono Counsel filed by Daniel Knight. (Attachments: #1 Proposed Order) (gba, COURT STAFF) (Filed on 10/21/2022)
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Filing 3
MOTION for Temporary Restraining Order filed by Daniel Knight. (Attachments: #1 Exhibits, #2 Proposed Order) (gba, COURT STAFF) (Filed on 10/21/2022)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Daniel Knight. (gba, COURT STAFF) (Filed on 10/21/2022)
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Filing 1
COMPLAINT for Violations of 42 U.S.C. 1983; Jury Trial Demanded against Bay Conservation and Development Commission, Greg Chanis, City of Belvedere, City of Mill Valley, Coastal Policy Solutions, Todd Cusimano, Daniel Eilerman, Taylor Lam, Rebecca Shwartz Lesberg, James Malcolm, Marin County, Marin County Sheriffs Department, Steven McGrath, Regional Government Services, Richardson Bay Regional Agency, Jamie Scardina, Greg Scharff, Town of Tiburon, United States Coast Guard, Robert Zadnik (Filing fee IFPP). Filed by Daniel Knight. (Attachments: #1 Civil Cover Sheet) (gba, COURT STAFF) (Filed on 10/21/2022)
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