Morris v. Board of Trustees of the California State University et al
| Matthew Morris |
| Board of Trustees of the California State University, Kiran Ahuja, Shalanda Young, U.S. Office of Management and Budget (OMB), Christopher Wray, Federal Bureau of Investigation, U.S. Office of Personnel Management, Cathy A. Sandeen, Terri LaBeaux, Mitch Watnik, Maureen Scharberg, Danvy Le, Amy Below, Luz Calvo and Jerome Narvaez |
| 4:2023cv04562 |
| September 6, 2023 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Kandis A Westmore |
| Contract: Other |
| 28 U.S.C. § 1442 Petition for Removal |
| None |
Docket Report
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Filing 23
ORDER FOR PLAINTIFF TO SHOW CAUSE. Show Cause Response due by 11/21/2023. Signed by Judge Haywood S. Gilliam, Jr. on 10/31/2023. (ndr, COURT STAFF) (Filed on 10/31/2023)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 22
PROOF OF SERVICE by Kiran Ahuja, Federal Bureau of Investigation, U.S. Office of Management and Budget (OMB), U.S. Office of Personnel Management, Christopher Wray, Shalanda Young re #20 Reply to Opposition/Response, (Bernardoni, Jevechius) (Filed on 10/17/2023) Modified on 10/18/2023 (anj, COURT STAFF).
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Filing 21
MOTION to Dismiss Plaintiff's First Amended Complaint filed by Amy Below, Board of Trustees of the California State University, Luz Calvo, Terri LaBeaux, Danvy Le, Jerome Narvaez, Cathy A. Sandeen, Maureen Scharberg, Mitch Watnik. Motion to Dismiss Hearing set for 12/14/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor. Responses due by 10/27/2023. Replies due by 11/3/2023. (Attachments: #1 Request for Judicial Notice with Exhibits 1-50, #2 Proposed Order)(Kosh, Joel) (Filed on 10/13/2023) Modified on 10/16/2023 (anj, COURT STAFF).
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Filing 20
REPLY (re #6 MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION to Dismiss for Lack of Jurisdiction Amended Notice) filed by Kiran Ahuja, Federal Bureau of Investigation, U.S. Office of Management and Budget (OMB), U.S. Office of Personnel Management, Christopher Wray, Shalanda Young. (Bernardoni, Jevechius) (Filed on 10/13/2023) Modified on 10/16/2023 (anj, COURT STAFF).
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Filing 19
PROOF OF SERVICE by Kiran Ahuja, Federal Bureau of Investigation, U.S. Office of Management and Budget (OMB), U.S. Office of Personnel Management, Christopher Wray, Shalanda Young re #17 MOTION to Dismiss for Lack of Jurisdiction Amended Notice (Bernardoni, Jevechius) (Filed on 9/26/2023) Modified on 9/26/2023 (anj, COURT STAFF).
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#Electronic filing error. REMINDER: Counsel are instructed that all future filings shall bear the initials HSG immediately after the case number instead of KAW.Re: #19 Certificate of Service, filed by Christopher Wray, U.S. Office of Personnel Management, Shalanda Young, Kiran Ahuja, U.S. Office of Management and Budget (OMB), Federal Bureau of Investigation (anj, COURT STAFF) (Filed on 9/26/2023)
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Filing 18
ORDER GRANTING CSU DEFENDANTS #10 ADMINISTRATIVE MOTION. Motions due by 10/13/2023; Responses due by 10/27/2023; Replies due by 11/3/2023, and Motion Hearing set for 12/14/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 9/25/2023. (ndr, COURT STAFF) (Filed on 9/25/2023)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 17
MOTION to Dismiss for Lack of Jurisdiction Amended Notice filed by Kiran Ahuja, Federal Bureau of Investigation, U.S. Office of Management and Budget (OMB), U.S. Office of Personnel Management, Christopher Wray, Shalanda Young. Motion Hearing set for 12/14/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 10/6/2023. Replies due by 10/13/2023. (Bernardoni, Jevechius) (Filed on 9/22/2023)
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Filing 16
CLERK'S NOTICE SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Case Management Statement due by 11/28/2023. Initial Case Management Conference set for 12/5/2023 02:00 PM. The 12/5/2023 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. 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: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE 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.PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (ndr, COURT STAFF) (Filed on 9/21/2023)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 15
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Signed by The Clerk on 9/21/2023. (bar, COURT STAFF) (Filed on 9/21/2023)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 14
CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (wft, COURT STAFF) (Filed on 9/21/2023)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 13
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Amy Below, Board of Trustees of the California State University, Luz Calvo, Terri LaBeaux, Danvy Le., Cathy A. Sandeen, Mitch Watnik, Maureen Scharberg, Jerome Narvaez. (Kosh, Joel) (Filed on 9/20/2023) Modified on 9/21/2023 (anj, COURT STAFF).
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Filing 12
CERTIFICATE OF SERVICE by Kiran Ahuja, Federal Bureau of Investigation, U.S. Office of Management and Budget (OMB), U.S. Office of Personnel Management, Christopher Wray, Shalanda Young (Bernardoni, Jevechius) (Filed on 9/15/2023)
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Filing 11
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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 9/21/2023. (kc, COURT STAFF) (Filed on 9/14/2023)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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#Electronic filing error. Incorrect filing procedure. When filing a motion, the Memorandum Of Points and Authorities and the Declaration should be filed as attachments to the motion in compliance with Local Rule 7-2. They are not to be filed separately. No further action is necessary, please comply with all future filings. Re: #6 MOTION to Dismiss for Lack of Jurisdiction filed by Christopher Wray, U.S. Office of Personnel Management, Shalanda Young, Kiran Ahuja, U.S. Office of Management and Budget (OMB), Federal Bureau of Investigation, #9 Declaration in Support, filed by Christopher Wray, U.S. Office of Personnel Management, Shalanda Young, Kiran Ahuja, U.S. Office of Management and Budget (OMB), Federal Bureau of Investigation, #7 Declaration in Support, filed by Christopher Wray, U.S. Office of Personnel Management, Shalanda Young, Kiran Ahuja, U.S. Office of Management and Budget (OMB), Federal Bureau of Investigation, #8 Declaration in Support, filed by Christopher Wray, U.S. Office of Personnel Management, Shalanda Young, Kiran Ahuja, U.S. Office of Management and Budget (OMB), Federal Bureau of Investigation (anj, COURT STAFF) (Filed on 9/14/2023)
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Filing 10
First ADMINISTRATIVE MOTION filed by Cathy A. Sandeen, Terri LaBeaux, Mitch Watnik, Maureen Scharberg, Danvy Le, Amy Below, Luz Calvo, Jerome Narvaez. Responses due by 9/18/2023. (Attachments: #1 Declaration, #2 Exhibit, #3 Proposed Order)(Kosh, Joel) (Filed on 9/13/2023)
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Filing 9
Declaration of William L. Harris in Support of #6 MOTION to Dismiss for Lack of Jurisdiction filed byKiran Ahuja, Federal Bureau of Investigation, U.S. Office of Management and Budget (OMB), U.S. Office of Personnel Management, Christopher Wray, Shalanda Young. (Related document(s) #6 ) (Bernardoni, Jevechius) (Filed on 9/13/2023)
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Filing 8
Declaration of Sarah Spooner in Support of #6 MOTION to Dismiss for Lack of Jurisdiction filed byKiran Ahuja, Federal Bureau of Investigation, U.S. Office of Management and Budget (OMB), U.S. Office of Personnel Management, Christopher Wray, Shalanda Young. (Related document(s) #6 ) (Bernardoni, Jevechius) (Filed on 9/13/2023)
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Filing 7
Declaration of Beth Maxwell Stratton in Support of #6 MOTION to Dismiss for Lack of Jurisdiction filed byKiran Ahuja, Federal Bureau of Investigation, U.S. Office of Management and Budget (OMB), U.S. Office of Personnel Management, Christopher Wray, Shalanda Young. (Related document(s) #6 ) (Bernardoni, Jevechius) (Filed on 9/13/2023)
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Filing 6
MOTION to Dismiss for Lack of Jurisdiction filed by Kiran Ahuja, Federal Bureau of Investigation, U.S. Office of Management and Budget (OMB), U.S. Office of Personnel Management, Christopher Wray, Shalanda Young. Motion Hearing set for 10/19/2023 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. Responses due by 9/27/2023. Replies due by 10/4/2023. (Attachments: #1 Proposed Order)(Bernardoni, Jevechius) (Filed on 9/13/2023)
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Filing 5
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kiran Ahuja, Federal Bureau of Investigation, U.S. Office of Management and Budget (OMB), U.S. Office of Personnel Management, Christopher Wray, Shalanda Young.. (Bernardoni, Jevechius) (Filed on 9/13/2023)
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Filing 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/28/2023. Initial Case Management Conference set for 12/5/2023 01:30 PM in Oakland, - To be determined. (anj, COURT STAFF) (Filed on 9/7/2023)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)
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Filing 3
CERTIFICATE OF SERVICE by Kiran Ahuja, Federal Bureau of Investigation, U.S. Office of Management and Budget (OMB), U.S. Office of Personnel Management, Christopher Wray, Shalanda Young re #1 Notice of Removal, (Bernardoni, Jevechius) (Filed on 9/7/2023)
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Filing 2
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 9/20/2023. (bar, COURT STAFF) (Filed on 9/6/2023)
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Filing 1
NOTICE OF REMOVAL from Superior Court of California, Alameda County. Their case number is 23CV028627. (). Filed by Christopher Wray, Shalanda Young, Kiran Ahuja, U.S. Office of Management and Budget (OMB), Federal Bureau of Investigation. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Bernardoni, Jevechius) (Filed on 9/6/2023) Modified on 9/6/2023 (anj, COURT STAFF).
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