Calvary Chapel San Jose et al v. Cody et al
Plaintiff: Pastor Micaiah Irmler, Southridge Baptist Church of San Jose California dba Southridge Church, Pastor Mike McClure and Calvary Chapel San Jose
Defendant: Dr. Sara Cody, Mike Wasserman, Susan Ellenberg, Cindy Chavez, Dave Cortese and Joe Simitian
Case Number: 5:2020cv03794
Filed: June 9, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Virginia K DeMarchi
Referring Judge: Beth Labson Freeman
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2020 Opinion or Order Filing 21 OPPOSITION/RESPONSE (re #20 MOTION to Dismiss CORRECTED ) filed byCalvary Chapel San Jose, Micaiah Irmler, Mike McClure, Southridge Baptist Church of San Jose California dba Southridge Church. (Tyler, Robert) (Filed on 8/3/2020)
July 21, 2020 Opinion or Order #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #20 MOTION to Dismiss CORRECTED file d by Joe Simitian, Mike Wasserman, Cindy Chavez, Susan Ellenberg, Sara Cody, Dave Cortese (sfbS, COURT STAFF) (Filed on 7/21/2020)
July 20, 2020 Opinion or Order Filing 20 MOTION to Dismiss CORRECTED as to dkt #17 filed by Cindy Chavez, Sara Cody, Dave Cortese, Susan Ellenberg, Joe Simitian, Mike Wasserman. Motion Hearing set for 11/5/2020 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 8/3/2020. Replies due by 8/10/2020. (Wall, Robin) (Filed on 7/20/2020) Modified on 7/21/2020 (sfbS, COURT STAFF).
July 17, 2020 Opinion or Order Filing 19 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT.Case Management Statement due by 10/29/2020. Initial Case Management Conference set for 11/5/2020 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tshS, COURT STAFF) (Filed on 7/17/2020)
July 17, 2020 Opinion or Order Filing 18 ORDER STRIKING DEFENDANTS' MOTION TO DISMISS #17 . Signed by Judge Beth Labson Freeman on 7/17/2020. (blflc3S, COURT STAFF) (Filed on 7/17/2020)
July 16, 2020 Opinion or Order Filing 17 *Filing Error see dkt #20 for Correction* MOTION to Dismiss filed by Cindy Chavez, Sara Cody, Dave Cortese, Susan Ellenberg, Joe Simitian, Mike Wasserman. Motion Hearing set for 11/5/2020 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 7/30/2020. Replies due by 8/6/2020. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order)(Wall, Robin) (Filed on 7/16/2020) Modified on 7/21/2020 (sfbS, COURT STAFF).
July 15, 2020 Opinion or Order Filing 16 NOTICE of Appearance by Melissa R. Kiniyalocts Notice of Appearance of Counsel (Kiniyalocts, Melissa) (Filed on 7/15/2020)
July 13, 2020 Opinion or Order Filing 15 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 7/13/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 7/13/2020)
July 13, 2020 Opinion or Order Filing 14 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. (pmcS, COURT STAFF) (Filed on 7/13/2020)
July 10, 2020 Opinion or Order Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cindy Chavez, Sara Cody, Dave Cortese, Susan Ellenberg, Joe Simitian, Mike Wasserman.. (Wall, Robin) (Filed on 7/10/2020)
July 10, 2020 Opinion or Order Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Calvary Chapel San Jose, Micaiah Irmler, Mike McClure, Southridge Baptist Church of San Jose California dba Southridge Church.. (Tyler, Robert) (Filed on 7/10/2020)
July 9, 2020 Opinion or Order Filing 11 SUMMONS Returned Executed by Southridge Baptist Church of San Jose California dba Southridge Church, Mike McClure, Calvary Chapel San Jose, Micaiah Irmler. Mike Wasserman served on 6/25/2020, answer due 7/16/2020. (Tyler, Robert) (Filed on 7/9/2020)
July 9, 2020 Opinion or Order Filing 10 SUMMONS Returned Executed by Southridge Baptist Church of San Jose California dba Southridge Church, Mike McClure, Calvary Chapel San Jose, Micaiah Irmler. Joe Simitian served on 6/25/2020, answer due 7/16/2020. (Tyler, Robert) (Filed on 7/9/2020)
July 9, 2020 Opinion or Order Filing 9 SUMMONS Returned Executed by Southridge Baptist Church of San Jose California dba Southridge Church, Mike McClure, Calvary Chapel San Jose, Micaiah Irmler. Susan Ellenberg served on 6/25/2020, answer due 7/16/2020. (Tyler, Robert) (Filed on 7/9/2020)
July 9, 2020 Opinion or Order Filing 8 SUMMONS Returned Executed by Southridge Baptist Church of San Jose California dba Southridge Church, Mike McClure, Calvary Chapel San Jose, Micaiah Irmler. Cindy Chavez served on 6/25/2020, answer due 7/16/2020. (Tyler, Robert) (Filed on 7/9/2020)
July 9, 2020 Opinion or Order Filing 7 SUMMONS Returned Executed by Southridge Baptist Church of San Jose California dba Southridge Church, Mike McClure, Calvary Chapel San Jose, Micaiah Irmler. Dave Cortese served on 6/25/2020, answer due 7/16/2020. (Tyler, Robert) (Filed on 7/9/2020)
July 8, 2020 Opinion or Order Filing 6 SUMMONS Returned Executed by Southridge Baptist Church of San Jose California dba Southridge Church, Mike McClure, Calvary Chapel San Jose, Micaiah Irmler. Sara Cody served on 6/25/2020, answer due 7/16/2020. (Tyler, Robert) (Filed on 7/8/2020)
June 26, 2020 Opinion or Order Filing 5 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/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 7/10/2020. (pmcS, COURT STAFF) (Filed on 6/26/2020)
June 10, 2020 Opinion or Order Filing 4 Summons Issued as to Cindy Chavez, Sara Cody, Dave Cortese, Susan Ellenberg, Joe Simitian, Mike Wasserman. (dhmS, COURT STAFF) (Filed on 6/10/2020)
June 9, 2020 Opinion or Order Filing 3 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 6/23/2020. (bwS, COURT STAFF) (Filed on 6/9/2020)
June 9, 2020 Opinion or Order Filing 2 Proposed Summons. (Tyler, Robert) (Filed on 6/9/2020)
June 9, 2020 Opinion or Order Filing 1 COMPLAINT (Filing Fee of $400.00 paid. Receipt # 0971-14558273 against Cindy Chavez, Sara Cody, Dave Cortese, Susan Ellenberg, Joe Simitian, Mike Wasserman. Filed bySouthridge Baptist Church of San Jose California dba Southridge Church, Mike McClure, Calvary Chapel San Jose, Micaiah Irmler. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Civil Cover Sheet)(Tyler, Robert) (Filed on 6/9/2020) Modified on 6/10/2020 (bwS, COURT STAFF).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Calvary Chapel San Jose et al v. Cody et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Pastor Micaiah Irmler
Represented By: Robert Henry Tyler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Southridge Baptist Church of San Jose California dba Southridge Church
Represented By: Robert Henry Tyler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Pastor Mike McClure
Represented By: Robert Henry Tyler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Calvary Chapel San Jose
Represented By: Robert Henry Tyler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Dr. Sara Cody
Represented By: Melissa R. Kiniyalocts
Represented By: Robin Michael Wall
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mike Wasserman
Represented By: Melissa R. Kiniyalocts
Represented By: Robin Michael Wall
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Susan Ellenberg
Represented By: Melissa R. Kiniyalocts
Represented By: Robin Michael Wall
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Cindy Chavez
Represented By: Melissa R. Kiniyalocts
Represented By: Robin Michael Wall
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Dave Cortese
Represented By: Melissa R. Kiniyalocts
Represented By: Robin Michael Wall
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Joe Simitian
Represented By: Melissa R. Kiniyalocts
Represented By: Robin Michael Wall
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?