Cuviello v. City of Belmont et al
| Joseph P, Cuviello and Joseph Patrick Cuviello |
| City of Belmont, Afshin Oskoui and Brigitte Shearer |
| 3:2023cv00029 |
| January 4, 2023 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 OPPOSITION/RESPONSE (re #22 Ex Parte MOTION for Temporary Restraining Order and OSC RE Prliminary Injunction ) DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE NOTICE OF MOTION AND MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION filed byCity of Belmont, Afshin Oskoui, Brigitte Shearer. (Attachments: #1 DECLARATION OF BRIGITTE SHEARER IN SUPPORT OF DEFENDANTS MOTION FOR PRELIMINARY INJUNCTION)(Crawford, Sheila) (Filed on 3/2/2023) Modified on 3/3/2023 (mcl, COURT STAFF). |
| Filing 29 CLERKS NOTICE SETTING MOTION HEARING. Preliminary Injunction Hearing set for 3/9/2023 at 09:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 3/2/2023. Replies due by 3/6/2023. This proceeding will be held via a Zoom webinar. Motions Hearing #28 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT MOTION to Strike PLAINTIFFS FIRST AMENDED COMPLAINT set for 4/6/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 3/16/2023. Replies due by 3/23/2023. 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 3/2/2023)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 28 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT, MOTION to Strike PLAINTIFFS FIRST AMENDED COMPLAINT filed by City of Belmont, Afshin Oskoui, Brigitte Shearer. Motion Hearing set for 3/16/2023 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 3/16/2023. Replies due by 3/23/2023. (Attachments: #1 [PROPOSED] ORDER GRANTING DEFENDANTS CITY OF BELMONT, CITY OF BELMONT CITY MANAGER AFSHIN OSKOUI AND CITY OF BELMONT PARKS AND RECREATION DIRECTOR BRIGITTE SHEARERS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT AND MOTION TO STRIKE PLAINTIFFS FIRST AMENDED COMPLAINT)(Crawford, Sheila) (Filed on 3/2/2023) Modified on 3/2/2023 (mcl, COURT STAFF). |
| Filing 27 STIPULATION TO DISMISS DEFENDANTS AFSHIN OSKOUI AND BRIGITTE SHEARER IN THEIR OFFICIAL CAPACITIES filed by City of Belmont, Afshin Oskoui, Brigitte Shearer. (Crawford, Sheila) (Filed on 3/1/2023) |
Filing 26
Order by Magistrate Judge Laurel Beeler denying #22 Motion for Temporary Restraining Order. At the hearing, the court set the following schedule: opposition due March 2, 2023, reply due March 6, 2023, and preliminary-injunction hearing set for March 9, 2023, at 9:30 a.m.(lblc2, COURT STAFF) (Filed on 2/28/2023)
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| #Electronic filing error. Filer is reminded to file the motion as a separate entry in future filings. Re:[22-7] Motion To Exceed Page Limit, [22-8] PO-Motion to Exceed Page Limit, filed by Joseph Patrick Cuviello. (mcl, COURT STAFF) (Filed on 2/24/2023) |
| Filing 25 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held via Zoom on 2/23/2023. Matters are argued, submitted and taken under submission. Total Time in Court: 9 minutes. Digital Recording Time: 2:44 - 2:53. Plaintiff (Pro Se): Joseph Patrick Cuviello. Defendants' Attorney: Sheila Crawford. Motion Hearing set for 3/9/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 3/2/2023. Optional Replies due by 3/9/2023. 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: 2/23/2023) |
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Filing 24
ORDER (This is a text-only entry generated by the court. There is no document associated with this entry.) The court sets a short hearing on the TRO for today at 2:30 p.m. 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 bytelephone 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/. (Thisis a text-only entry generated by the court. There is no document associated with this entry.)(Beeler, Laurel) (Filed on 2/23/2023)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 23 EXHIBITS re #22 Ex Parte MOTION for Temporary Restraining Order and OSC RE Prliminary Injunction filed byJoseph Patrick Cuviello. (Attachments: #1 Exhibit)(Related document(s) #22 ) (Cuviello, Joseph) (Filed on 2/23/2023) |
| Filing 22 Ex Parte MOTION for Temporary Restraining Order and OSC RE Prliminary Injunction filed by Joseph Patrick Cuviello. (Attachments: #1 Declaration, #2 Proposed Order, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Request For Judicial Notice, #7 Motion To Exceed Page Limit, #8 PO-Motion to Exceed Page Limit)(Cuviello, Joseph) (Filed on 2/23/2023) |
| Set/Reset Deadlines as to #22 Ex Parte MOTION for Temporary Restraining Order and OSC RE Prliminary Injunction. Motion Hearing set for 2/23/2023 02:30 PM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. (ejk, COURT STAFF) (Filed on 2/23/2023) |
| Filing 21 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 4/20/2023 is reset to 6/22/2023 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 6/15/2023. 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 2/21/2023)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 20
Order by Magistrate Judge Laurel Beeler granting #19 Stipulation to Extend Defendants Time to Respond to First Amended Complaint. Deadline for Defendants to respond is extended to 3/2/2023. Motions Hearings set for 3/16/2023 are vacated. (ejk, COURT STAFF) (Filed on 2/21/2023)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) Modified on 2/21/2023 (ejk, COURT STAFF).
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| Filing 19 STIPULATION WITH PROPOSED ORDER TO EXTEND DEFENDANTS TIME TO RESPOND TO FIRST AMENDED COMPLAINT filed by City of Belmont, Afshin Oskoui, Brigitte Shearer. (Crawford, Sheila) (Filed on 2/17/2023) |
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Filing 18
NOTICE AND ORDER: The attached notice and order notifies the plaintiff of resources available. Signed by Judge Laurel Beeler on 02/08/2023. (ejk, COURT STAFF) (Filed on 2/8/2023)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 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City of Belmont, Afshin Oskoui, Brigitte Shearer.. (Crawford, Sheila) (Filed on 2/8/2023) |
| Filing 16 CLERK'S NOTICE SETTING ZOOM HEARING: Motions Hearing #14 MOTION to Dismiss Plaintiff's Complaint MOTION to Strike Plaintiff's Complaint set for 3/16/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 2/21/2023. Replies due by 2/28/2023. This proceeding will be held via a Zoom webinar. Initial Case Management Conference previously set for 4/6/2023 is reset to 4/20/2023 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 4/13/2023. This proceeding will be held via a Zoom webinarWebinar 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 photograp hing, 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 2/7/2023)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 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 2/14/2023. (ejk, COURT STAFF) (Filed on 2/7/2023)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 14 MOTION to Dismiss Plaintiff's Complaint, MOTION to Strike Plaintiff's Complaint filed by City of Belmont, Afshin Oskoui, Brigitte Shearer. Motion Hearing set for 3/16/2023 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 2/21/2023. Replies due by 2/28/2023. (Attachments: #1 Proposed Order)(Crawford, Sheila) (Filed on 2/7/2023) |
| Filing 13 Proof of Service re #11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joseph Patrick Cuviello. (Cuviello, Joseph) (Filed on 2/3/2023) Modified on 2/3/2023 (mcl, COURT STAFF). |
| #Electronic filing error. Incorrect event used. The correct event is PROOF OF SERVICE. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #13 C onsent/Declination to Proceed Before a US Magistrate Judge filed by Joseph Patrick Cuviello. (mcl, COURT STAFF) (Filed on 2/3/2023) |
| Filing 12 PROOF OF SERVICE by Joseph Patrick Cuviello re #8 Stipulation with Proposed Order. (mcl, COURT STAFF) (Filed on 2/2/2023) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joseph Patrick Cuviello.. (Cuviello, Joseph) (Filed on 2/1/2023) |
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Filing 10
Order by Magistrate Judge Laurel Beeler granting #8 Stipulation to Allow Pro Se Plaintiff Joseph Pat Cuviello to Utilize the Court's ECF System. (ejk, COURT STAFF) (Filed on 1/25/2023)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 9 PROOF OF SERVICE by Joseph P, Cuviello re #7 Amended Complaint. (mcl, COURT STAFF) (Filed on 1/25/2023) |
| Filing 8 STIPULATION WITH PROPOSED ORDER filed by Joseph P, Cuviello. (Attachments: #1 Proposed Order)(mcl, COURT STAFF) (Filed on 1/25/2023) |
| Filing 7 FIRST AMENDED COMPLAINT against City of Belmont, Afshin Oskoui, Brigitte Shearer. Filed byJoseph P, Cuviello. (mcl, COURT STAFF) (Filed on 1/24/2023) |
| Filing 6 CLERK'S NOTICE Re: Consent or Declination: Plaintiff 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 2/1/2023. (ejk, COURT STAFF) (Filed on 1/18/2023)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 5
NOTICE AND ORDER: The attached notice and order notifies the plaintiff of resources available, attaches the district's handbook for litigants who do not have a lawyer, includes a flyer for contacting the court's help desk and instructs the plaintiff about serving the defendants. Signed by Judge Laurel Beeler on 01/18/2023. (Attachments: #1 Self Help Flyer, #2 Pro Se Handbook)(ejk, COURT STAFF) (Filed on 1/18/2023)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 4 SUMMONS Returned Executed. City of Belmont served on 1/4/2023, answer due 1/25/2023; Afshin Oskoui served on 1/4/2023, answer due 1/25/2023; Brigitte Shearer served on 1/4/2023, answer due 1/25/2023. (mcl, COURT STAFF) (Filed on 1/9/2023) |
| Filing 3 Summons Issued as to City of Belmont, Afshin Oskoui, Brigitte Shearer. (mcl, COURT STAFF) (Filed on 1/4/2023) |
| Filing 2 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/30/2023. Initial Case Management Conference set for 4/6/2023 11:00 AM. (mcl, COURT STAFF) (Filed on 1/4/2023)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 1 COMPLAINT against City of Belmont, Afshin Oskoui, Brigitte Shearer (Filing fee $ 402, Receipt #34611162730.). Filed byJoseph P, Cuviello. Consent/Declination due by 1/18/2023. (Attachments: #1 Civil Cover Sheet, #2 Receipt for filing fees)(mcl, COURT STAFF) (Filed on 1/4/2023) |
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