In the Matter of a Subpoena to Testify at a Deposition in a Civil Action addressed to The Hon. Kirstjen Nielsen, former Secretary of Homeland Security
| Kirstjen Nielsen, Wilbur P.G., Wilfredo Baltazar P.E., Erendira C.M., Yasmin Alicia M.C., Joshua G.G. and Karl Luis G.G. |
| United States of America |
| In the Matter of a Subpoena to Testify at a Deposition in a Civil Action addressed to The Hon. Kirstjen Nielsen, former Secretary of Homeland Security |
| 4:2023mc80280 |
| October 31, 2023 |
| US District Court for the Northern District of California |
| Kandis A Westmore |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 78 CORRECTION OF DOCKET #76 - Supplemental Brief re #76 Supplemental Brief, #74 Order, Set Deadlines CORRECTION OF DOCKET #76 filed by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Wilbur P.G.. (Related document(s) #76 , #74 ) (Dooley, Brook) (Filed on 12/27/2023) Modified on 12/28/2023 (kmg, COURT STAFF). |
| Filing 77 CORRECTION OF DOCKET # [75-3] Plaintiff's Second Supplemental Brief in Opposition to Motion to Quash re #75 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed regarding documents submitted in connection with Plaintiffs Second Supplemental Brief in Opposition to Former Secretary Nielsens Motion to Quash filed by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Wilbur P.G.. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #75 ) (Dooley, Brook) (Filed on 12/27/2023) Modified on 12/28/2023 (kmg, COURT STAFF). |
| Filing 76 Plaintiff's Second Supplemental Brief re #74 Order, Set Deadlines filed by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Wilbur P.G.. (Attachments: #1 Declaration of Brook Dooley, #2 Exs. A-H)(Related document(s) #74 ) (Dooley, Brook) (Filed on 12/27/2023) Modified on 12/28/2023 (kmg, COURT STAFF). |
| Filing 75 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed regarding documents submitted in connection with Plaintiffs Second Supplemental Brief in Opposition to Former Secretary Nielsens Motion to Quash filed by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Wilbur P.G.. (Attachments: #1 Declaration of Travis Silva, #2 Proposed Order, #3 Unredacted Version of Exs. A, B. E, F, G, H, I, #4 Certificate/Proof of Service)(Dooley, Brook) (Filed on 12/27/2023) |
Filing 74
ORDER REQUIRING FURTHER SUPPLEMENTAL BRIEFING re 1 Signed by Judge Kandis A. Westmore on 12/19/2023. (wft, COURT STAFF) (Filed on 12/19/2023)
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| Filing 73 ERRATA re #25 Opposition/Response to Motion,, by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., In the Matter of a Subpoena to Testify at a Deposition in a Civil Action addressed to The Hon. Kirstjen Nielsen, former Secretary of Homeland Security, Joshua G.G., Karl Luis G.G., Kirstjen Nielsen, Wilbur P.G.. (Attachments: #1 Exhibit Exhibit B)(Dooley, Brook) (Filed on 12/18/2023) |
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Filing 72
OMNIBUS ORDER GRANTING IN PART AND DENYING IN PART PARTIES RESPECTIVE MOTIONS TO CONSIDER WHETHER ANOTHER PARTY'S MATERIAL SHOULD BE SEALED #24 , #44 , #50 , #52 , #59 , and #62 Signed by Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 12/14/2023)
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| Filing 71 Proposed Order re #24 Administrative Motion to File Under Seal 1.Administrative Motion Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed, #59 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed regarding documents submitted in connection with Plaintiffs Supplement to Their Opposition to Former Secretary Nielsens Motion to Quash, #50 Administrative Motion to File Under Seal Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed, #44 Administrative Motion to File Under Seal Non-Party Kirstjen Nielsens Administrative Motion To Consider Whether Another Partys Material Should Be Sealed, #52 Administrative Motion to File Under Seal /Non-Party Kirstjen Nielsens Administrative Motion To Consider Whether Another Partys Material Should Be Sealed /Notice of Lodgment of [Proposed] Omnibus Order Granting Parties respective Motions to Consider Whether Another Partys Material Should Be Sealed by Kirstjen Nielsen. (Attachments: #1 Proposed Order)(Carroll, David) (Filed on 12/4/2023) |
| Filing 70 TRANSCRIPT ORDER for proceedings held on 11/30/2023 before Magistrate Judge Kandis A. Westmore by In the Matter of a Subpoena to Testify at a Deposition in a Civil Action addressed to The Hon. Kirstjen Nielsen, former Secretary of Homeland Security, for Recorded Proceeding - Oakland. (McIntyre, Evan) (Filed on 12/4/2023) |
| Filing 69 Transcript of Proceedings held on 11/30/23, before Judge Magistrate Judge Kandis Westmore. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: 1:36 - 2:56. 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/Transcriber 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 #68 Transcript Order ) Redaction Request due 12/26/2023. Redacted Transcript Deadline set for 1/2/2024. Release of Transcript Restriction set for 3/1/2024. (Related documents(s) #68 ) (Jauregui, Tara) (Filed on 12/2/2023) |
| Filing 68 TRANSCRIPT ORDER for proceedings held on 11/30/2023 before Magistrate Judge Kandis A. Westmore by Kirstjen Nielsen, for Recorded Proceeding - Oakland. (Lim, Eugene) (Filed on 12/1/2023) |
| Filing 67 Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Motion Hearing held via Zoom on 11/30/2023, re: #2 , argued and submitted as stated on the record. Court to issue written order. Total Time in Court: 1:20. Recorded via Zoom: 1:36pm - 2:56pm. (Assigned Transcriber: Tara Jauregui) (wft, COURT STAFF) (Date Filed: 11/30/2023) Modified on 12/1/2023 to add assigned transcriber (wft, COURT STAFF). |
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Filing 66
ORDER requiring the parties to jointly prepare a single proposed order addressing all outstanding #24 , #44 , #50 , #52 , #59 , #62 motions to seal. The proposed order shall be filed by 12/4/2023. Signed by Judge Kandis A. Westmore on 11/30/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc1, COURT STAFF) (Filed on 11/30/2023)
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| Filing 65 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 11/30/2023 01:30 PM in Oakland, - Videoconference Only before Magistrate Judge Kandis A. Westmore. 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/kaw 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/. Motion Hearing set for 11/30/2023 01:30 PM in Oakland, - Videoconference Only before Magistrate Judge Kandis A. Westmore. (Related documents(s) 1 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 11/29/2023) |
| Filing 64 Declaration of Kelsey J. Helland in Support of #59 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed regarding documents submitted in connection with Plaintiffs Supplement to Their Opposition to Former Secretary Nielsens Motion to Quash, #62 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed regarding Supplement to Motion to Quash filed byUnited States of America. (Related document(s) #59 , #62 ) (Helland, Kelsey) (Filed on 11/22/2023) |
| Filing 63 Supplemental Brief re #54 Order on Administrative Motion per Civil Local Rule 7-11, #62 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed regarding Supplement to Motion to Quash filed byKirstjen Nielsen. (Attachments: #1 Declaration of David J. Carroll ISO Non-Party Kirstjen Nielsen's Supplement to Her Motion to Quash, #2 Exhibit Redacted Exhibit B, #3 Certificate/Proof of Service)(Related document(s) #54 , #62 ) (Carroll, David) (Filed on 11/17/2023) |
| Filing 62 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed regarding Supplement to Motion to Quash filed by Kirstjen Nielsen. (Attachments: #1 Declaration David J. Carroll ISO Non-Party Kirstjen Nielsen's Administrative Motion, #2 Proposed Order, #3 Unredacted Version of Exhibits A-B, #4 Certificate/Proof of Service)(Carroll, David) (Filed on 11/17/2023) |
| Filing 61 AFFIDAVIT re #50 Administrative Motion to File Under Seal Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed regarding service of Dkts. 50-3 and 50-4 by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Wilbur P.G.. (Attachments: #1 Exhibit A)(Silva, Travis) (Filed on 11/16/2023) |
| Filing 60 Supplemental Brief re #54 Order on Administrative Motion per Civil Local Rule 7-11, #50 Administrative Motion to File Under Seal Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed filed byYasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Wilbur P.G.. (Attachments: #1 Declaration of Travis Silva, #2 Exs. A-J)(Related document(s) #54 , #50 ) (Silva, Travis) (Filed on 11/16/2023) |
| Filing 59 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed regarding documents submitted in connection with Plaintiffs Supplement to Their Opposition to Former Secretary Nielsens Motion to Quash filed by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Wilbur P.G.. (Attachments: #1 Declaration of Brook Dooley, #2 Proposed Order, #3 Unredacted Versions of Exs. A-E, G-K, #4 Certificate/Proof of Service)(Dooley, Brook) (Filed on 11/16/2023) |
| Filing 58 Declaration of Kelsey J. Helland in Support of #50 Administrative Motion to File Under Seal Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed, #52 Administrative Motion to File Under Seal /Non-Party Kirstjen Nielsens Administrative Motion To Consider Whether Another Partys Material Should Be Sealed filed byUnited States of America. (Related document(s) #50 , #52 ) (Helland, Kelsey) (Filed on 11/16/2023) |
| #Electronic filing error. This filing will not be processed by the clerks office. The issue is not before our court and should not be filed in our district. Re: #57 Ex Parte Application /Non-Party Kirstjen Nielsens Motion For Relief From Non-dispositive Pretrial Order Of Magistrate Judge (Objection To S.D. California Dist. Ct. 27 Oct. 2023 Order Transferring Matter Pursuant To Fed. R. Civ. P. 45(F))/ filed by Kirstjen Nielsen (jml, COURT STAFF) (Filed on 11/14/2023) |
| Filing 57 Non-Party Kirstjen Nielsens Motion For Relief From Non-dispositive Pretrial Order Of Magistrate Judge (Objection To S.D. California Dist. Ct. 27 Oct. 2023 Order Transferring Matter Pursuant To Fed. R. Civ. P. 45(F))/ filed by Kirstjen Nielsen. (Attachments: #1 Proposed Order)(Carroll, David) (Filed on 11/13/2023) Modified on 11/13/2023 (tn, COURT STAFF). |
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Filing 56
ORDER CONTINUING HEARING ON MOTION TO QUASH re 1 , Signed by Judge Kandis A. Westmore on 11/13/2023. Motion Hearing set for 11/30/2023 01:30 PM in Oakland, - Videoconference Only before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 11/13/2023)
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Filing 55
Order by Magistrate Judge Kandis A. Westmore granting #53 Administrative Motion for Leave to File a Supplement to Her Motion to Quash. (wft, COURT STAFF) (Filed on 11/13/2023)
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Filing 54
Order by Magistrate Judge Kandis A. Westmore granting #51 Administrative Motion for Leave to File a Supplement to Their Opposition to Former Secretary Nielsen's Motion to Quash. (wft, COURT STAFF) (Filed on 11/13/2023)
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| Filing 53 ADMINISTRATIVE MOTION for Leave to File a Supplement to Her Motion to Quash re 1 Complaint, /Non-Party Kirstjen Nielsens Stipulated Administrative Motion For Leave To File A Supplement To Her Motion To Quash filed by Kirstjen Nielsen. Responses due by 11/17/2023. (Attachments: #1 Declaration Declaration of David J. Carroll in support of Motion, #2 Exhibit Exhibits A-B (redacted), #3 Proposed Order Stipulation and Proposed Order, #4 Certificate/Proof of Service)(Carroll, David) (Filed on 11/13/2023) |
| Filing 52 Administrative Motion to File Under Seal /Non-Party Kirstjen Nielsens Administrative Motion To Consider Whether Another Partys Material Should Be Sealed filed by Kirstjen Nielsen. (Attachments: #1 Declaration Declaration of David J. Carroll in support of Administrative Motion, #2 Exhibit Unredacted Exhibits A and B to the Declaration of David J. Carroll, #3 Proposed Order, #4 Certificate/Proof of Service)(Carroll, David) (Filed on 11/13/2023) |
| Filing 51 STIPULATED ADMINISTRATIVE MOTION for Leave to File a Supplement to Their Opposition to Former Secretary Nielsen's Motion to Quash re #25 Opposition/Response to Motion - Plaintiffs Stipulated Administrative Motion For Leave To File A Supplement To Their Opposition To Former Secretary Nielsens Motion To Quash filed by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Kirstjen Nielsen, Wilbur P.G.. Responses due by 11/13/2023. (Attachments: #1 Declaration Declaration Of Evan Mcintyre In Support Of Plaintiffs Administrative Motion For Leave To File A Supplement To Their Opposition To Former Secretary Nielsens Motion To Quash, #2 Proposed Order Stipulation And [Proposed] Order Granting Plaintiffs Administrative Motion For Leave To File A Supplement To Their Opposition To Former Secretary Nielsens Motion To Quash, #3 Exhibit Exhibit A to Declaration of McIntyre, #4 Exhibit Part 1 of 2 Exhibit B to Declaration of McIntyre, #5 Exhibit Part 2 of 2 Exhibit B to Declaration of McIntyre, #6 Certificate/Proof of Service Certificate of Service)(Dooley, Brook) (Filed on 11/9/2023) |
| Filing 50 Administrative Motion to File Under Seal Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed filed by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Kirstjen Nielsen, Wilbur P.G.. (Attachments: #1 Declaration Declaration Of Brook Dooley In Support Of Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed, #2 Proposed Order [Proposed] Order Granting Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed, #3 Exhibit UNREDACTED Version of Exhibits A-E, #4 Exhibit UNREDACTED Version of Exhibits G-K, #5 Certificate/Proof of Service Certificate of Service)(Dooley, Brook) (Filed on 11/9/2023) |
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Filing 49
ORDER STRIKING #48 Movant's Declination to Magistrate Judge Jurisdiction filed by Kirstjen Nielsen. The Court does not require Movant's consent to resolve the pending motion to quash, so her declination is stricken and the 11/14/2023 hearing remains on calendar. Signed by Judge Kandis A. Westmore on 11/9/2023. (kawlc1, COURT STAFF) (Filed on 11/9/2023)
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| Filing 48 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kirstjen Nielsen.. (Carroll, David) (Filed on 11/9/2023) |
| Filing 47 Declaration of Kelsey J. Helland in Support of #24 Administrative Motion to File Under Seal 1.Administrative Motion Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed, #44 Administrative Motion to File Under Seal Non-Party Kirstjen Nielsens Administrative Motion To Consider Whether Another Partys Material Should Be Sealed filed byUnited States of America. (Related document(s) #24 , #44 ) (Helland, Kelsey) (Filed on 11/8/2023) |
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Filing 46
ORDER Requiring Movant Kirstjen Nielsen to Immediately Lodge Chambers Copies of #45 Reply to Opposition, #44 Motion to Seal. On 11/2/2023, #34 the Court gave Movant the 7 days requested to file her reply brief, but, given the shortened time for the specially set hearing, ordered her to lodge the chambers copy by today, 11/8/2023 at 10:00 AM. All copies were required to comport with Judge Westmore's standing order. The deadline has passed and no chambers copies have been received. If compliant chambers copies of the Motion to Seal and the Reply Brief are not received by today, 11/8/2023 at 3:00 PM, the Court will issue an order to show why sanctions should not be imposed for failure to comply with the 11/2/2023 court order. Signed by Judge Kandis A. Westmore on 11/8/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc1, COURT STAFF) (Filed on 11/8/2023)
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| Filing 45 REPLY (re #44 Administrative Motion to File Under Seal Non-Party Kirstjen Nielsens Administrative Motion To Consider Whether Another Partys Material Should Be Sealed ) Non-Party Kirstjen Nielsens Reply In Support Of Her Motion To Quash filed byKirstjen Nielsen. (Attachments: #1 Declaration Declaration Of David J. Carroll In Support Of Nonparty Kirsten Nielsens Reply In Support Of Her Motion To Quash, #2 Exhibit Exhibits In Support Of Declaration Of David J. Carroll In Support Of Nonparty Kirsten Nielsens Reply In Support Of Her Motion To Quash)(Carroll, David) (Filed on 11/7/2023) |
| Filing 44 Administrative Motion to File Under Seal Non-Party Kirstjen Nielsens Administrative Motion To Consider Whether Another Partys Material Should Be Sealed filed by Kirstjen Nielsen. (Attachments: #1 Declaration Declaration Of David J. Carroll In Support Of Non-Party Kirstjen Nielsens Administrative Motion To Consider Whether Another Partys Material Should Be Sealed, #2 Proposed Order [Proposed] Order Granting Non-Party Kirstjen Nielsens Administrative Motion To Consider Whether Another Partys Material Should Be Sealed, #3 [Unredacted Version Of Document(s) Sought To Be Sealed] Non-Party Kirstjen Nielsens Reply In Support Of Her Motion To Quash)(Carroll, David) (Filed on 11/7/2023) |
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Filing 43
ORDER by Magistrate Judge Kandis A. Westmore granting #40 Motion for Pro Hac Vice as to James D. Wareham. (kc, COURT STAFF) (Filed on 11/6/2023)
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Filing 42
ORDER by Magistrate Judge Kandis A. Westmore granting #39 Motion for Pro Hac Vice as to Chase Harrington. (kc, COURT STAFF) (Filed on 11/6/2023)
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Filing 41
ORDER by Magistrate Judge Kandis A. Westmore granting #38 Motion for Pro Hac Vice as to James E. Anklam. (kc, COURT STAFF) (Filed on 11/6/2023)
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| Filing 40 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18808759.) filed by Kirstjen Nielsen. (Wareham, James) (Filed on 11/6/2023) |
| Filing 39 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18808672.) filed by Kirstjen Nielsen. (Harrington, Chase) (Filed on 11/6/2023) |
| Filing 38 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18808599.) filed by Kirstjen Nielsen. (Anklam, James) (Filed on 11/6/2023) |
| Filing 37 NOTICE of Appearance by Rachel Anne Sheridan (Sheridan, Rachel) (Filed on 11/6/2023) |
| Filing 36 CERTIFICATE OF SERVICE by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G. re 35 Order,, Plaintiffs Proof Of Service Of Administrative Motion To File Under Seal And Provisionally Sealed Documents (Attachments: #1 Exhibit A - Proof of Service dated 10-30-23, #2 Exhibit B - Proof of Service dated 11-1-23)(McIntyre, Evan) (Filed on 11/3/2023) |
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Filing 35
ORDER requiring Plaintiffs to serve #24 Administrative Motion to File Under Seal Another Partys Material, and all attached materials, on Defendant in related action, 21-cv-04457-KAW. Defense counsel is not on the service list for this case, so Plaintiffs shall serve them with this filing (by email to their ECF-registered email addresses is acceptable as is any other agreed to method), and file a certificate of service by 11/3/2024. Signed by Judge Kandis A. Westmore on 11/2/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc1, COURT STAFF) (Filed on 11/2/2023)
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Filing 34
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S ADMINISTRATIVE MOTION TO SHORTEN TIME; ORDER SETTING HEARING ON MOTION TO QUASH; ORDER GRANTING MOTION TO STAY re: #2 #22 , Signed by Judge Kandis A. Westmore. Movant's Reply to Motion to Quash due by 11/7/2023. Dispositive Motion due by 11/21/2023. Responses due by 12/15/2023. Replies due by 1/4/2024. Motion to Quash 1 Specially set for 11/14/2023 02:00 PM in Oakland, 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/kaw 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/ (wft, COURT STAFF) (Filed on 11/2/2023)
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Filing 33
Order by Magistrate Judge Kandis A. Westmore granting #31 Motion for Pro Hac Vice as to Patrick F. Philbin. (wft, COURT STAFF) (Filed on 11/2/2023)
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Filing 32
ORDER REQUIRING CHAMBERS COPIES re 1 Motion to Quash, #25 Opposition, #24 Motion to Seal. By 11/3/2023 at 2:00 PM, the parties are ordered to lodge hard copies of all documents and tabbed exhibits, if any, and email Word (.docx) versions of their briefs 1 , #25 to kawpo@cand.uscourts.gov in accordance with Paras. 5 & 6 of Judge Westmores Standing Order. Signed by Judge Kandis A. Westmore on 11/1/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc1, COURT STAFF) (Filed on 11/1/2023)
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| Filing 31 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18797405.) filed by Kirstjen Nielsen. (Philbin, Patrick) (Filed on 11/1/2023) |
| Filing 30 NOTICE of Appearance by Jordan Samuel Wells (Wells, Jordan) (Filed on 11/1/2023) |
| Filing 29 NOTICE of Appearance by Evan McIntyre (McIntyre, Evan) (Filed on 11/1/2023) |
| Filing 28 OPPOSITION/RESPONSE (re #22 ADMINISTRATIVE MOTION Shorten Time re #2 Administrative Motion To Shorten Time (Civ. L. R. 6-3) And Response To Ex Parte Application To Shorten Time (Dkt. 2) ) NON-PARTY KIRSTJEN NIELSENS REPLY IN SUPPORT OF HER EMERGENCY NOTICE OF MOTION AND MOTION TO STAY ANY DEPOSITION OF NON-PARTY KIRSTJEN NIELSEN PENDING THE RESOLUTION OF HER PENDING MOTION TO QUASH, AND EX PARTE MOTION TO SHORTEN TIME REGARDING HER MOTION TO STAY filed byKirstjen Nielsen. (Attachments: #1 Certificate/Proof of Service Proof of Service)(Carroll, David) (Filed on 10/31/2023) |
| Filing 27 OPPOSITION/RESPONSE (re #22 ADMINISTRATIVE MOTION Shorten Time re #2 Administrative Motion To Shorten Time (Civ. L. R. 6-3) And Response To Ex Parte Application To Shorten Time (Dkt. 2) ) NON-PARTY KIRSTJEN NIELSENS RESPONSE TO PLAINTIFFS ADMINISTRATIVE MOTION TO SHORTEN TIME (Civ. L. R. 6-3) filed byKirstjen Nielsen. (Carroll, David) (Filed on 10/31/2023) |
| Filing 26 NOTICE of Substitution of Counsel by David Junxiong Carroll (Carroll, David) (Filed on 10/31/2023) |
| Filing 25 OPPOSITION/RESPONSE (re #24 Administrative Motion to File Under Seal 1.Administrative Motion Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed) --- 1.Plaintiffs' Opposition To re 1 Motion To Quash filed by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Kirstjen Nielsen, Wilbur P.G.. (Attachments: #1 Declaration Declaration Of Brook Dooley In Support Of Plaintiffs Opposition To Motion To Quash, #2 Exhibit Dooley Exhibits A R)(Dooley, Brook) (Filed on 10/31/2023) |
| Filing 24 Administrative Motion to File Under Seal 1.Administrative Motion Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed filed by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Kirstjen Nielsen, Wilbur P.G.. (Attachments: #1 Declaration Declaration Of Evan H. Mcintyre In Support Of Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed, #2 Proposed Order [Proposed] Order Granting Plaintiffs Administrative Motion To Consider Whether Another Partys Material Should Be Sealed, #3 Exhibit Unredacted Versions Of Exhibits B, L, M, Q, R)(Dooley, Brook) (Filed on 10/31/2023) |
| Filing 23 OPPOSITION/RESPONSE (re #22 ADMINISTRATIVE MOTION Shorten Time re #2 Administrative Motion To Shorten Time (Civ. L. R. 6-3) And Response To Ex Parte Application To Shorten Time (Dkt. 2)) --- Plaintiffs' Opposition To re #2 Motion To Stay filed by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Kirstjen Nielsen, Wilbur P.G.. (Attachments: #1 Declaration Declaration Of Brook Dooley In Support Of Plaintiffs Opposition To Motion To Stay And Administrative Motion To Shorten Time, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F)(Dooley, Brook) (Filed on 10/31/2023) |
| Filing 22 ADMINISTRATIVE MOTION Shorten Time re #2 Administrative Motion To Shorten Time (Civ. L. R. 6-3) And Response To Ex Parte Application To Shorten Time (Dkt. 2) filed by Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Kirstjen Nielsen, Wilbur P.G.. Responses due by 11/6/2023. (Attachments: #1 Proposed Order)(Dooley, Brook) (Filed on 10/31/2023) |
| Filing 21 ***FILED IN ERROR. PLEASE DISREGARD*** Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/30/2024. Initial Case Management Conference set for 2/6/2024 at 1:30 PM in Oakland. (wsn, COURT STAFF) (Filed on 10/31/2023) Modified on 10/31/2023 (ecg, COURT STAFF). |
| Filing 20 Case transferred in from District of California Southern; Case Number 3:23-cv-01953. Original file certified copy of transfer order and docket sheet received. |
| Filing 19 Case transferred to District of Northern District of California. Files transferred electronically to: *District of Northern District of California*.*450 Golden Gate Avenue, Box 36060**San Francisco, CA 941023434*. Signed by Magistrate Judge David D. Leshner on 10/27/2023. (Attachments: #1 Transfer Order) (ddf) |
| Filing 18 TRANSCRIPT ORDER - For hearing(s) on 10/27/2023 by Kirstjen Nielsen. (Lim, Eugene) (ddf). |
| Filing 17 Motion Hearing regarding 1 Secretary Nielsen's Motion to Quash Subpoena and #2 Secretary Nielsen's Ex Parte Motion to Stay Deposition Pending Resolution of Motion to Quash held on 10/27/2023 before Magistrate Judge David D. Leshner. Patrick Philbin, Chase Harrington, Eugene Lim, and James Anklam appeared for Moving Party Honorable Secretary Kirstjen Nielsen. Brook Dooley and Travis S. Silva appeared for Non-Moving Parties Wilbur P.G., et al. No appearance was made on behalf of the United States of America. (no document attached) (kmc) |
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Filing 16
ORDER REFERRING MOTION: #2 MOTION to Stay re 1 Motion to Quash Out of District Subpoena, 1 MOTION to Quash Emergency Notice of Motion and Motion to Stay Any Deposition of Non-Party Kirstjen Nielsen Pending The Resolution of Her Pending Motion to Quash, MOTION to Shorten Time And Ex Parte Application To Shorten Time Regarding Her Motion to Stay filed by Kirstjen Nielsen, 1 MOTION to Quash filed by Kirstjen Nielsen. Signed by Judge Roger T. Benitez on 10/27/2023. Motions set before David D. Leshner.(no document attached) (blr)
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Filing 15
ORDER: At the motion hearing on October 27, 2023, the parties shall be prepared to address whether "exceptional circumstances" justify transferring the motion to quash to the Northern District of California pursuant to Fed. R. Civ. P. 45(f) given that the motion raises issues previously addressed by Judge Westmore. See, e.g., Moon Mountain Farms, LLC v. Rural Cmty. Ins. Co., 301 F.R.D. 426 (N.D. Cal. 2014). Signed by Magistrate Judge David D. Leshner on October 26, 2023. (no document attached) (kmc)
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| Filing 14 NOTICE Statement of Interest of United States by United States of America re 1 Motion to Quash Out of District Subpoena, (Lynch, Christopher)Attorney Christopher Marisak Lynch added to party United States of America(pty:dft) (ddf). |
| Filing 13 Request to Appear Pro Hac Vice (Filing fee received: $213.00 receipt number ACASDC-18300636.)(Application to be reviewed by Clerk.) (Anklam, James)(jrd) |
| Filing 12 Request to Appear Pro Hac Vice (Filing fee received: $213.00 receipt number ACASDC-18300521.)(Application to be reviewed by Clerk.) (Wareham, James)(jrd) |
| Filing 11 Request to Appear Pro Hac Vice (Filing fee received: $213.00 receipt number ACASDC-18300443.)(Application to be reviewed by Clerk.) (Attachments: #1 Proof of Service)(Harrington, Chase)(jrd) |
| Filing 10 Request to Appear Pro Hac Vice (Refer to ECF No. #9 for receipt and payment information.)(Application to be reviewed by Clerk.) (Attachments: #1 Proof of Service)(Philbin, Patrick) (jrd) |
| Filing 9 Request to Appear Pro Hac Vice (Filing fee received: $213.00 receipt number ACASDC-18299881.)(Application to be reviewed by Clerk.) (Attachments: #1 Proof of Service)(Philbin, Patrick) QC mailer sent; missing signature. (jrd) |
| Filing 8 NOTICE of Appearance by Christopher S. Sun on behalf of Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Wilbur P.G. (Sun, Christopher)Attorney Christopher S. Sun added to party Yasmin Alicia M.C.(pty:pla), Attorney Christopher S. Sun added to party Wilfredo Baltazar P.E.(pty:pla), Attorney Christopher S. Sun added to party Erendira C.M.(pty:pla), Attorney Christopher S. Sun added to party Joshua G.G.(pty:pla), Attorney Christopher S. Sun added to party Karl Luis G.G.(pty:pla), Attorney Christopher S. Sun added to party Wilbur P.G.(pty:pla) (ddf). |
| Filing 7 NOTICE of Appearance by Brook Dooley on behalf of Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Wilbur P.G. (Dooley, Brook)Attorney Brook Dooley added to party Yasmin Alicia M.C.(pty:pla), Attorney Brook Dooley added to party Wilfredo Baltazar P.E.(pty:pla), Attorney Brook Dooley added to party Erendira C.M.(pty:pla), Attorney Brook Dooley added to party Joshua G.G.(pty:pla), Attorney Brook Dooley added to party Karl Luis G.G.(pty:pla), Attorney Brook Dooley added to party Wilbur P.G.(pty:pla) (ddf). |
| Filing 6 NOTICE of Appearance by Jordan Wells on behalf of Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Wilbur P.G. (Wells, Jordan)Attorney Jordan Wells added to party Yasmin Alicia M.C.(pty:pla), Attorney Jordan Wells added to party Wilfredo Baltazar P.E.(pty:pla), Attorney Jordan Wells added to party Erendira C.M.(pty:pla), Attorney Jordan Wells added to party Joshua G.G.(pty:pla), Attorney Jordan Wells added to party Karl Luis G.G.(pty:pla), Attorney Jordan Wells added to party Wilbur P.G.(pty:pla) (ddf). |
| Filing 5 NOTICE of Appearance by Travis S. Silva on behalf of Yasmin Alicia M.C., Wilfredo Baltazar P.E., Erendira C.M., Joshua G.G., Karl Luis G.G., Wilbur P.G. (Silva, Travis)Attorney Travis S. Silva added to party Yasmin Alicia M.C.(pty:pla), Attorney Travis S. Silva added to party Wilfredo Baltazar P.E.(pty:pla), Attorney Travis S. Silva added to party Erendira C.M.(pty:pla), Attorney Travis S. Silva added to party Joshua G.G.(pty:pla), Attorney Travis S. Silva added to party Karl Luis G.G.(pty:pla), Attorney Travis S. Silva added to party Wilbur P.G.(pty:pla) (ddf). |
| Filing 4 NOTICE Of Videoconference Information For Motion Hearing (ddf) |
| Filing 3 MINUTE ORDER: The Court sets a remote hearing regarding 1 Plaintiff Nielsen's Motion to Quash Subpoena and #2 Plaintiff Nielsen's Ex Parte Motion to Stay Deposition Pending Resolution of Motion to Quash for October 27, 2023, at 9:00 a.m. Instructions for remote appearances will be provided prior to the hearing. (Motion Hearing set for 10/27/2023 09:00 AM before Magistrate Judge David D. Leshner.) (no document attached) (kmc) |
| Filing 2 MOTION to Stay re 1 Motion to Quash Out of District Subpoena, 1 MOTION to Quash Emergency Notice of Motion and Motion to Stay Any Deposition of Non-Party Kirstjen Nielsen Pending The Resolution of Her Pending Motion to Quash,, MOTION to Shorten Time And Ex Parte Application To Shorten Time Regarding Her Motion to Stay by Kirstjen Nielsen. (Attachments: #1 Declaration Thomast P. O'Brien (Exs. 1-4), #2 [Proposed] Order Granting Non-Party Kirstjen Nielsen's Emergency Motion To Stay Deposition of Non-Party Kirstjen Nielsen, #3 [Proposed] Order Granting Non-Party Kirstjen Nielsen's Ex Parte Application to Shorten Time regarding Her Motion to Stay Motion to)(O'Brien, Thomas) QC Mailer re Proposed orders should not be attached (ddf). |
| Filing 1 MOTION TO QUASH OUT OF DISTRICT SUBPOENA by Non-Party Kirstjen Nielsen. (rxc) (jms). |
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