Gearhart v. United States Department of Education et al
Plaintiff: Jeffrey Gearhart
Defendant: Betsy DeVos, Dept of Education and United States Department of Education
Case Number: 4:2019cv00750
Filed: February 11, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Yvonne Gonzalez Rogers
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 551
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2019 Filing 18 MOTION to Dismiss PURSUANT TO RULE 12(b)(1) AND 12(b)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Betsy DeVos, United States Department of Education. Motion Hearing set for 5/21/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 4/25/2019. Replies due by 5/2/2019. (Attachments: #1 Proposed Order)(Daw, Alison) (Filed on 4/11/2019)
April 8, 2019 Filing 17 SUMMONS Returned Executed Betsy DeVos served on 3/20/2019, answer due 5/20/2019; United States Department of Education served on 3/20/2019, answer due 5/20/2019. (jmlS, COURT STAFF) (Filed on 4/8/2019)
April 2, 2019 Filing 16 ***DISREGARD. INCORRECT PDF ATTACHED. SEE DOCKET #17 FOR CORRECT FILING.***SUMMONS Returned Executed Betsy DeVos served on 3/20/2019, answer due 5/20/2019; United States Department of Education served on 3/20/2019, answer due 5/20/2019. (jmlS, COURT STAFF) (Filed on 4/2/2019) Modified on 4/8/2019 (jmlS, COURT STAFF).
April 2, 2019 Filing 15 NOTICE of Appearance by Alison E. Daw for Defendants (Daw, Alison) (Filed on 4/2/2019)
March 22, 2019 Filing 14 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/17/2019. Initial Case Management Conference set for Monday, 6/24/2019 02:00 PM before Hon. Judge Yvonne Gonzalez Rogers in Oakland, Courtroom 1, 4th Floor. (Attachments: #1 Standing Order) (fs, COURT STAFF) (Filed on 3/22/2019)
March 19, 2019 Opinion or Order Filing 13 ORDER REASSIGNING CASE. Case reassigned to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 3/19/19. (Attachments: #1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 3/19/2019)
March 18, 2019 Filing 12 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. (mklS, COURT STAFF) (Filed on 3/18/2019)
March 15, 2019 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jeffrey Gearhart.. (Varlack, Tiega) (Filed on 3/15/2019)
March 14, 2019 Filing 10 Acknowledgment of Receipt from United States Marshals Service of summons and complaint. (tnS, COURT STAFF) (Filed on 3/14/2019)
March 11, 2019 Filing 9 Summons Issued as to Defendants Betsy DeVos & United States Department of Education. (Attachments: #(1) USM Form 285) (tnS, COURT STAFF) (Filed on 3/11/2019)
March 11, 2019 service packet delivered to the United States Marshals Service Post Box in the Clerk's Office mailroom. (tnS, COURT STAFF) (Filed on 3/11/2019)
March 7, 2019 Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 3/21/2019. 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. (mklS, COURT STAFF) (Filed on 3/7/2019)
March 7, 2019 Opinion or Order Filing 7 ORDER by Magistrate Judge Sallie Kim granting #4 Motion for Leave to Proceed in forma pauperis. (mklS, COURT STAFF) (Filed on 3/7/2019)
February 13, 2019 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 5/6/2019. Initial Case Management Conference set for 5/13/2019 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 2/13/2019)
February 12, 2019 Filing 5 Case assigned to Magistrate Judge Sallie Kim. 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 2/26/2019. (srnS, COURT STAFF) (Filed on 2/12/2019)
February 12, 2019 Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Jeffrey Gearhart. (Varlack, Tiega) (Filed on 2/12/2019)
February 12, 2019 Filing 3 NOTICE OF NON-PAYMENT: Please be advised that the filing fee has not been received in this case. The fee must be paid within two business days or the case will be subject to termination. (This is a text-only entry generated by the court. There is no document associated with this entry.) (srnS, COURT STAFF) (Filed on 2/12/2019)
February 11, 2019 Filing 2 Proposed Summons. (Varlack, Tiega) (Filed on 2/11/2019)
February 11, 2019 Filing 1 COMPLAINT for Damages and Injunctive Relief against All Defendants. Filed by Jeffrey Gearhart. (Attachments: #(1) Civil Cover Sheet, #(2) Affidavit)(Varlack, Tiega) (Filed on 2/11/2019) Modified on 2/13/2019 (tnS, COURT STAFF).

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Defendant: Betsy DeVos
Represented By: Alison E. Daw
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Defendant: Dept of Education
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Defendant: United States Department of Education
Represented By: Alison E. Daw
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Plaintiff: Jeffrey Gearhart
Represented By: Tiega Noel Varlack
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