Erdmann-Browning et al v. Vilsack et al
| UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANIKA OKJE ERDMANN-BROWNING, Jacqueline Benitez and Anika Okje Erdmann-Browning |
| Thomas J. Vilsack and Shalanda Young |
| 4:2023cv04678 |
| September 12, 2023 |
| US District Court for the Northern District of California |
| Jon S Tigar |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| None |
Docket Report
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This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 37 NOTICE of Appearance by Patil Chetan (Chetan, Patil) (Filed on 11/1/2023) |
| Filing 36 STIPULATION to Extend Deadline to Respond to Complaint filed by Thomas J. Vilsack, Shalanda Young. (Snow, Kyla) (Filed on 10/26/2023) |
| Filing 35 Transcript of Proceedings held on September 14, 2023, before Judge Jon S. Tigar. Court Reporter Raynee H. Mercado, CSR, telephone number 510-565-7228, cacsr8258@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #28 Transcript Order ) Release of Transcript Restriction set for 12/21/2023. (Related document(s) #28 ) (Mercado, Raynee) (Filed on 9/25/2023) |
| Filing 34 CERTIFICATE OF SERVICE by Jacqueline Benitez, Anika Okje Erdmann-Browning (Berger, Jodie) (Filed on 9/22/2023) |
Filing 33
ORDER TO WITHDRAW PLAINTIFFS' EX PARTE APPLICATIONS FOR TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE RE ISSUANCE OF PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION by Judge Jon S. Tigar granting #32 Stipulation.(mll, COURT STAFF) (Filed on 9/21/2023)
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| Filing 32 STIPULATION WITH PROPOSED ORDER TO WITHDRAW PLAINTIFFS EX PARTE APPLICATIONS FOR TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE RE ISSUANCE OF PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION filed by Jacqueline Benitez, Anika Okje Erdmann-Browning. (Berger, Jodie) (Filed on 9/19/2023) |
| Filing 31 NOTICE by Thomas J. Vilsack, Shalanda Young of Updated Declaration (Attachments: #1 Exhibit A - Updated Burr Declaration)(Snow, Kyla) (Filed on 9/19/2023) |
| Filing 30 Minute Entry for proceedings held before Judge Jon S. Tigar: Initial Case Management Conference held on 9/19/2023. Matters raised in parties briefs discussed. The briefing schedule previously set by the Court remains in place. No new dates set.Total Time in Court: 13 minutes. Court Reporter: N/A. Plaintiff Attorney: Jodie Berger, Lindsay Nako. Defendant Attorney: Kyla Snow. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Date Filed: 9/19/2023) |
| Filing 29 NOTICE by Thomas J. Vilsack, Shalanda Young (Attachments: #1 Exhibit A - Burr Declaration, #2 Exhibit B - USDA Letter to States, #3 Exhibit C - Email to California, #4 Exhibit D - Berger email)(Snow, Kyla) (Filed on 9/19/2023) |
| Filing 28 TRANSCRIPT ORDER for proceedings held on 9/14/2023 before Judge Jon S. Tigar by Thomas J. Vilsack, Shalanda Young, for Court Reporter Raynee Mercado. (Snow, Kyla) (Filed on 9/15/2023) |
| Filing 27 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 9/19/2023 at 9:30 AM in Oakland, - Videoconference Only. Responses due by 9/20/2023. Replies due by 9/22/2023. Motion Hearing set for 9/27/2023 at 9:30 AM in Oakland, - Videoconference Only before Judge Jon S. Tigar. 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/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at JSTCRD@cand.uscourts.gov no later than September 18, 2023 by 2:00 p.m.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/. (Related documents(s) #26 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (jlg, COURT STAFF) (Filed on 9/14/2023) |
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Filing 26
ORDER DENYING EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER WITHOUT PREJUDICE; DEFERRING RULING ON APPLICATION FOR PROVISIONAL CLASS CERTIFICATION; AND SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION entered by Judge Jon S. Tigar. Signed September 14, 2023. (Tigar, Jon) (Filed on 9/14/2023)
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| Filing 25 CERTIFICATE OF SERVICE by Jacqueline Benitez, Anika Okje Erdmann-Browning (Newman, Robert) (Filed on 9/14/2023) |
| Filing 24 Minute Entry for proceedings held via zoom before Judge Jon S. Tigar. Temporary Restraining Order Hearing held on 9/14/2023. Matter submitted. Court to issue an order. Total Time in Court: 9:07 - 10:02. Court Reporter: Raynee Mercado. Plaintiff Attorney: Jodie Berger, Robert Newman. Defendant Attorney: Kyla Snow, Julie Strauss Harris. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jlg, COURT STAFF) (Date Filed: 9/14/2023) |
| Filing 23 OPPOSITION/RESPONSE (re #12 MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction ) filed byThomas J. Vilsack, Shalanda Young. (Attachments: #1 Exhibit A, #2 Exhibit B)(Snow, Kyla) (Filed on 9/14/2023) |
| Filing 22 Erroneous Entry--Please Ignore--See Below for Corrected Document OPPOSITION/RESPONSE (re #12 MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction ) filed byThomas J. Vilsack, Shalanda Young. (Attachments: #1 Exhibit A - OMB Declaration, #2 Exhibit B - USDA Declaration)(Snow, Kyla) (Filed on 9/14/2023) Modified on 9/14/2023 (msr, COURT STAFF). |
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Filing 21
ORDER SETTING HEARING. Temporary Restraining Order Hearing set for 9/14/2023 at 9:00 AM. Signed by Judge Tigar on 9/13/2023. (jlg, COURT STAFF) (Filed on 9/13/2023)
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| Filing 20 DISREGARD DUPLICATE ENTRY: SEE 19 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Judge Jon S. Tigar no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 9/13/23. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 9/13/2023) Modified on 9/13/2023 (as, COURT STAFF). |
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Filing 19
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Lisa J. Cisneros no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 9/13/23. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 9/13/2023)
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| Filing 18 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. (bns, COURT STAFF) (Filed on 9/13/2023) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Thomas J. Vilsack, Shalanda Young.. (Snow, Kyla) (Filed on 9/13/2023) |
| Filing 16 Summons Issued as to Thomas J. Vilsack, Shalanda Young(hdj, COURT STAFF) (Filed on 9/13/2023) |
| Filing 15 NOTICE of Appearance by Kyla Snow (Snow, Kyla) (Filed on 9/13/2023) |
| Filing 14 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/7/2023. Initial Case Management Conference set for 12/14/2023 at 1:30 PM in San Francisco, Courtroom G, 15th Floor. (wsn, COURT STAFF) (Filed on 9/13/2023) |
| Filing 13 Case assigned to Magistrate Judge Lisa J. Cisneros. 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 9/27/2023. (as, COURT STAFF) (Filed on 9/13/2023) |
| Filing 12 MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed by Jacqueline Benitez, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANIKA OKJE ERDMANN-BROWNING. (Attachments: #1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE MOTION FOR TRO AND OSC RE: PRELIMINARY INJUNCTION, #2 Declaration DECLARATION OF GINA PLATA-NINO IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, #3 Declaration DECLARATION OF REBECCA SILVA IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, #4 Declaration DECLARATION OF ANIKA OKJE ERDMANN-BROWNING IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR TEMPROARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, #5 Declaration DECLARATION OF DAVID A. SUPER IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR TRO AND OSC RE: PRELIMINARY INJUNCTION, #6 Declaration DECLARATION OF ERICA PADILLA CHAVEZ IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, #7 Declaration DECLARATION OF SHIMICA GASKINS IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR TRO AND OSC RE: PRELIMINARY INJUNCTION, #8 Declaration DECLARATION OF JACQUELINE BENITEZ IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR TEMPROARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, #9 Declaration DECLARATION OF JODIE BERGER IN SUPPORT OF PLAINTIFFS'EX PARTE APPLICATION FOR TRO AND OSC RE: PRELIMINARY INJUNCTION, #10 Declaration DECLARATION OF LOUISE HAYES IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, #11 Proposed Order [PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION)(Newman, Robert) (Filed on 9/12/2023) |
| Filing 11 Ex Parte Application FOR PROVISIONAL CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES filed by Jacqueline Benitez, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANIKA OKJE ERDMANN-BROWNING. (Attachments: #1 Declaration DECLARATION OF JODIE BERGER IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL, #2 Declaration DECLARATION OF LINDSAY NAKO IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL, #3 Declaration DECLARATION OF RICHARD A. ROTHSCHILD IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL, #4 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION FOR PROVISIONAL CLASS CERTIFICATION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23)(Newman, Robert) (Filed on 9/12/2023) |
| Filing 10 Civil Cover Sheet by Jacqueline Benitez REPLACEMENT. (Newman, Robert) (Filed on 9/12/2023) |
| Filing 9 NOTICE of Appearance by Robert Dexter Newman, Jr (Newman, Robert) (Filed on 9/12/2023) |
| Filing 8 NOTICE of Appearance by Robert Dexter Newman, Jr of Richard Rothschild (Newman, Robert) (Filed on 9/12/2023) |
| Filing 7 NOTICE of Appearance by Robert Dexter Newman, Jr of Meredith Dixon (Newman, Robert) (Filed on 9/12/2023) |
| Filing 6 NOTICE of Appearance by Robert Dexter Newman, Jr of Lindsay Nako (Newman, Robert) (Filed on 9/12/2023) |
| Filing 5 NOTICE of Appearance by Robert Dexter Newman, Jr of Jodie Berger (Newman, Robert) (Filed on 9/12/2023) |
| Filing 4 NOTICE of Appearance by Robert Dexter Newman, Jr of Fawn Rajbhandar-Korr (Newman, Robert) (Filed on 9/12/2023) |
| Filing 3 NOTICE of Appearance by Robert Dexter Newman, Jr Of Antionette Dozier (Newman, Robert) (Filed on 9/12/2023) |
| Filing 2 Proposed Summons. (Newman, Robert) (Filed on 9/12/2023) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Thomas J. Vilsack, Shalanda Young ( Filing fee $ 402, receipt number ACANDC-18635916.). Filed byUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANIKA OKJE ERDMANN-BROWNING, Jacqueline Benitez. (Attachments: #1 Civil Cover Sheet)(Newman, Robert) (Filed on 9/12/2023) |
| #Electronic filing error.Use Current Civil Cover Sheet www.cand.uscourts.gov. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover SheetThis filing will not be processed by the clerks office. Re: #1 Complaint, filed by Jacqueline Benitez, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANIKA OKJE ERDMANN-BROWNING (as, COURT STAFF) (Filed on 9/12/2023) |
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