Ou-Young v. County of Santa Clara et al
| Kuang-Bao P. Ou-Young and Kuang-Bao Paul Ou-Young |
| County of Santa Clara, Jeffrey F. Rosen, Lawrence E Stone, John Chase, Jeanette Tonini, James R. Williams, Karl A Sandoval, Karan S. Dhadialla, Jose L Martinez, Shannon Bushey, Judge Christopher G. Rudy, Judge Joseph H Huber, State of California, State Bar of California, Edmund G. Brown, Jr., Meta Platforms, Inc., Christopher G. Rudy, Joseph H Huber, Laurie Mikkelsen, Governor Gavin Newsom, Shirley Weber, Robert A Bonta, Jeffrey R. Vincent, Lora D. Curtis, Rolando Pasquali, Kimberley McCrickard, Susan Y Soong, Kathleen M Shambaugh, Snooki Puli, Tiffany Salinas-Harwell, Betty Walton, Diane Miyashiro, Lisa B Fitzgerald, Elizabeth A. Smith, Molly C. Dwyer, Jessica Poblete Dela Cruz, Joseph R. Biden, Jr., Kamala D. Harris, Merrick B. Garland, Xavier Becerra, Barack Hussein Obama, Attorney General Eric H. Holder, Jr., Jefferson B. Sessions, III, William P. Barr, Donald B. Verrilli, Jr., Stephanie M Hinds, Brian J. Stretch, David L. Anderson, Michelle Lo, Pamela T Johan, Sara Winslow, James A Scharf, Claire T. Cormier, John E. Potter, Patrick R. Donahoe, Megan Brennan, Alex Padilla, Nancy P. Pelosi, Jared W. Huffman, John R. Garamendi, C. Michael Thompson, Doris O. Matsui, Amerish B. Bera, Jerry McNerney, Joshua K. Harder, Mark DeSaulnier, Barbara J. Lee, K. L. Jacqueline Speier, Eric M. Swalwell, James M. Costa, Rohit Khanna, Anna G. Eshoo, Zoe Lofgren, James V. Panetta, Salud O. Carbajal, Julia A. Brownley, Judy M. Chu, Adam B. Schiff, Antonio Cardenas, Bradley J. Sherman, Peter R. Aguilar, Graciela F. Napolitano, Ted W. Lieu, Jimmy Gomez, Norma J. Torres, Raul Ruiz, Karen R. Bass, Linda T. Sanchez, Lucille E. Roybal-Allard, Mark A. Takano, Maxine M. Waters, Nanette D. Barragan, Katherine M. Porter, J. Luis Correa, Alan S. Lowenthal, Michael T. Levin, Juan C. Vargas, Scott H. Peters, Sara J. Jacobs, Jerrold L. Nadler, Jamin B. Raskin, Joaquin Castro, David N. Cicilline, Madeleine Dean, Diana L. Degette, Joseph D. Neguse, Twitter, Inc., Facebook, Inc., Google, Inc. and The United States of America |
| 5:2021cv07361 |
| September 22, 2021 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Beth Labson Freeman |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 6, 2022. A more recent docket listing may be available from PACER.
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Filing 52
ORDER REFERRING #51 PLAINTIFF'S SECOND MOTION TO DISQUALIFY TO CHIEF DISTRICT JUDGE FOR REASSIGNMENT. Signed by Judge Beth Labson Freeman on 7/26/2022. (blflc1, COURT STAFF) (Filed on 7/26/2022)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 51
Second MOTION to Disqualify Judge Beth Labson Freeman filed by Kuang-Bao Paul Ou-Young. Motion Hearing set for 8/30/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Caseload Rebalancing Judge. Responses due by 8/8/2022. Replies due by 8/15/2022. (Ou-Young, Kuang-Bao) (Filed on 7/25/2022)
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Filing 50
JUDGMENT. Signed by Judge Beth Labson Freeman on 7/6/2022. (blflc1, COURT STAFF) (Filed on 7/6/2022)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 49
ORDER VACATING MOTION HEARING SET FOR AUGUST 18, 2022; GRANTING #39 FEDERAL DEFENDANTS' MOTION TO DISMISS OFFICIAL CAPACITY CLAIMS WITHOUT LEAVE TO AMEND; SUA SPONTE DISMISSING INDIVIDUAL CAPACITY CLAIMS WITHOUT LEAVE TO AMEND; AND DISMISSING FEDERAL DEFENDANTS WITH PREJUDICE. Signed by Judge Beth Labson Freeman on 6/29/2022. (blflc1, COURT STAFF) (Filed on 6/29/2022)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 48
ORDER STRIKING #47 PROOFS OF SERVICE FILED ON JUNE 27, 2022. Signed by Judge Beth Labson Freeman on 6/27/2022. (blflc1, COURT STAFF) (Filed on 6/27/2022)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 47
***STRICKEN PER ORDER AT DOCKET #48 .*** CERTIFICATE OF SERVICE by Kuang-Bao Paul Ou-Young (Ou-Young, Kuang-Bao) (Filed on 6/27/2022) Modified on 6/28/2022 (cjl, COURT STAFF).
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Filing 46
REPLY (re #39 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction ) filed byThe United States of America. (Bernardoni, Jevechius) (Filed on 6/24/2022)
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Filing 45
ORDER STRIKING #43 PROOFS OF SERVICE FILED ON JUNE 18, 2022. Signed by Judge Beth Labson Freeman on 6/22/2022. (blflc1, COURT STAFF) (Filed on 6/22/2022)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 44
OPPOSITION/RESPONSE (re #39 MOTION to Dismiss for Lack of Jurisdiction) filed by Kuang-Bao Paul Ou-Young. (Ou-Young, Kuang-Bao) (Filed on 6/19/2022) Modified on 6/21/2022 (cjl, COURT STAFF).
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Filing 43
CERTIFICATE OF SERVICE by Kuang-Bao Paul Ou-Young (Ou-Young, Kuang-Bao) (Filed on 6/18/2022)
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Filing 42
ORDER SUMMARIZING STATUS OF SERVICE OF PROCESS RE ALL DEFENDANTS; AND DISMISSING ALL REMAINING NON-FEDERAL DEFENDANTS FOR LACK OF SERVICE OF PROCESS. Signed by Judge Beth Labson Freeman on 6/16/2022. (blflc1, COURT STAFF) (Filed on 6/16/2022)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 41
CERTIFICATE OF SERVICE by Kuang-Bao Paul Ou-Young (Ou-Young, Kuang-Bao) (Filed on 6/14/2022)
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Filing 40
Order by Judge Jon S. Tigar denying #34 Motion to Disqualify Judge.(bns, COURT STAFF) (Filed on 6/14/2022)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 39
MOTION to Dismiss for Lack of Jurisdiction filed by The United States of America. Motion Hearing set for 8/18/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 6/20/2022. Replies due by 6/27/2022. (Attachments: #1 Proposed Order)(Bernardoni, Jevechius) (Filed on 6/6/2022) Modified on 6/7/2022 (jml, COURT STAFF).
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Filing 38
CLERK'S NOTICE VACATING MOTION HEARING. You are hereby notified that the hearing re #34 Motion to Disqualify is VACATED. The matter is taken under submission on the papers. In the event that the court determines that oral argument is necessary, the court will issue a notice to the parties with instructions on the hearing procedure at a future date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 6/3/2022)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 37
ORDER VACATING INITIAL CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 6/2/2022. (blflc1, COURT STAFF) (Filed on 6/2/2022)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 36
CLERK'S NOTICE Pursuant to the Order Directing the Clerk to Reassign (ECF 34) Plaintiffs Motion to Disqualify Judge, to Another District Judge, this motion has been randomly reassigned to the Honorable Jon. S. Tigar, United States District Judge. (sp, COURT STAFF) (Filed on 5/25/2022)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 35
ORDER DIRECTING THE CLERK TO REASSIGN #34 PLAINTIFF'S MOTION TO DISQUALIFY JUDGE TO ANOTHER DISTRICT JUDGE. Signed by Judge Beth Labson Freeman on 5/24/2022. (blflc1, COURT STAFF) (Filed on 5/24/2022)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 34
MOTION to Disqualify Judge filed by Kuang-Bao Paul Ou-Young. Motion Hearing set for 6/28/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Caseload Rebalancing Judge. Responses due by 6/7/2022. Replies due by 6/14/2022. (Ou-Young, Kuang-Bao) (Filed on 5/24/2022)
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Filing 33
NOTICE of Change In Counsel by Winifred Botha (Botha, Winifred) (Filed on 5/13/2022)
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Filing 32
ORDER GRANTING #27 COUNTY DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMEND; DISMISSING COUNTY DEFENDANTS FROM SUIT WITH PREJUDICE; AND DISMISSING CLAIMS 25, 26, 29, 39, 51, 53, 54, AND 58 FOR LACK OF SUBJECT MATTER JURISDICTION. Signed by Judge Beth Labson Freeman on 5/10/2022.(blflc1, COURT STAFF) (Filed on 5/10/2022)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 31
ORDER SUBMITTING #27 MOTION WITHOUT ORAL ARGUMENT; AND VACATING HEARING. Signed by Judge Beth Labson Freeman on 5/5/2022. (blflc1, COURT STAFF) (Filed on 5/5/2022)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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Documents Received for Judge Hamilton, Judge Wilken, Judge Gonzalez Rogers and Judge White returned to filer as they are no longer parties to this case per order at docket #26 , a copy of which was also sent to the filer. (jml, COURT STAFF) (Filed on 5/3/2022)
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Filing 29
REPLY (re #27 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byShannon Bushey, County of Santa Clara, Jeffrey F. Rosen, Lawrence E Stone, James R. Williams. (Martinez, Jose) (Filed on 4/13/2022)
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Filing 28
OPPOSITION/RESPONSE (re #27 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byKuang-Bao Paul Ou-Young. (Ou-Young, Kuang-Bao) (Filed on 4/5/2022)
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Filing 27
MOTION to Dismiss Plaintiff's First Amended Complaint filed by Shannon Bushey, County of Santa Clara, Jeffrey F. Rosen, Lawrence E Stone, James R. Williams. Motion Hearing set for 5/19/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 4/6/2022. Replies due by 4/13/2022. (Attachments: #1 Request for Judicial Notice ISO Motion to Dismiss Plaintiff's First Amended Complaint, #2 Proposed Order)(Martinez, Jose) (Filed on 3/23/2022)
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#Electronic filing error. Not all parties listed in the amended complaint have been added to the docket. Please add the missing parties that were not dismissed by the order at doc ket #{26] using the event Notice of Additional Parties. Re: #21 Amended Complaint filed by Kuang-Bao Paul Ou-Young (jml, COURT STAFF) (Filed on 3/15/2022)
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Filing 26
ORDER ADDRESSING ADDITION OF THE UNDERSIGNED AS A DEFENDANT; DISMISSING CERTAIN DEFENDANTS NAMED IN #21 THE FIRST AMENDED COMPLAINT; AND EXTENDING COUNTY DEFENDANTS' DEADLINE TO RESPOND TO #21 FIRST AMENDED COMPLAINT (addressing #22 ). Signed by Judge Beth Labson Freeman on 3/15/2022. (blflc1, COURT STAFF) (Filed on 3/15/2022)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 25
OPPOSITION/RESPONSE (re #22 ADMINISTRATIVE MOTION Stay County Defs' Responsive Pleading Deadline Pending Court's Pre-Filing Review of FAC ) filed byKuang-Bao Paul Ou-Young. (Ou-Young, Kuang-Bao) (Filed on 3/7/2022)
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Filing 24
NOTICE of Constitutional Question by Kuang-Bao Paul Ou-Young re #21 Amended Complaint (Ou-Young, Kuang-Bao) (Filed on 3/4/2022) Modified on 3/4/2022 (jml, COURT STAFF).
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Filing 23
ORDER TERMINATING #19 MOTION TO DISMISS AS MOOT; ANDVACATING MAY 26, 2022 HEARING. Signed by Judge Beth Labson Freeman on 3/4/2022. (blflc1, COURT STAFF) (Filed on 3/4/2022)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
ADMINISTRATIVE MOTION Stay County Defs' Responsive Pleading Deadline Pending Court's Pre-Filing Review of FAC filed by Shannon Bushey, County of Santa Clara, Jeffrey F. Rosen, Lawrence E Stone, James R. Williams. Responses due by 3/7/2022. (Attachments: #1 Declaration Declaration Jose Luis Martinez ISO Administrative Motion to Stay County Defs' Responsive Pleading Deadline Pending Court's Pre-Filing Review of FAC, #2 Proposed Order [Proposed] Order Granting Administrative Motion to Stay County Defendants' Responsive Pleading Deadline Pending Court's Pre-Filing Review of FAC)(Martinez, Jose) (Filed on 3/3/2022)
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Filing 21
AMENDED COMPLAINT against All Defendants. Filed byKuang-Bao Paul Ou-Young. (Ou-Young, Kuang-Bao) (Filed on 3/2/2022)
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Filing 20
OPPOSITION/RESPONSE (re #19 MOTION to Dismiss Plaintiff's Complaint ) filed byKuang-Bao Paul Ou-Young. (Ou-Young, Kuang-Bao) (Filed on 2/22/2022)
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Filing 19
MOTION to Dismiss Plaintiff's Complaint filed by Shannon Bushey, County of Santa Clara, Jeffrey F. Rosen, Lawrence E Stone, James R. Williams. Motion Hearing set for 5/26/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 2/23/2022. Replies due by 3/2/2022. (Attachments: #1 Proposed Order)(Martinez, Jose) (Filed on 2/9/2022)
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Filing 18
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 6/09/2022. Initial Case Management Conference set for 6/16/2022 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) (tsh, COURT STAFF) (Filed on 1/27/2022)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
ORDER DISCHARGING #14 ORDER TO SHOW CAUSE; AND DISMISSING UNSERVED DEFENDANTS. Signed by Judge Beth Labson Freeman on 1/25/2022. (blflc1, COURT STAFF) (Filed on 1/25/2022)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 16
NOTICE of Appearance by Jose Luis Martinez for Defendants County of Santa Clara, Jeffrey F. Rosen and Lawrence E. Stone (Martinez, Jose) (Filed on 1/21/2022)
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Filing 15
CERTIFICATE OF SERVICE by Kuang-Bao Paul Ou-Young (Ou-Young, Kuang-Bao) (Filed on 1/20/2022)
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Filing 14
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO EFFECT SERVICE OF PROCESS. Show Cause Response due by 1/21/2022. Signed by Judge Beth Labson Freeman on 1/7/2022. (blflc1, COURT STAFF) (Filed on 1/7/2022)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
PAYMENT RECORD CARD : payment of Filing Fee in the amount of $402.00 paid on 09/22/2021. (rgh, COURT STAFF) (Filed on 11/29/2021)
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Filing 12
ORDER GRANTING #11 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING. Signed by Judge Beth Labson Freeman on 10/14/2021. (blflc1S, COURT STAFF) (Filed on 10/14/2021)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) Modified on 12/29/2021 (blflc1, COURT STAFF).
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Filing 11
Motion for Permission for Electronic Filing and (Proposed) Order by Kuang-Bao P. Ou-Young. (Attachments: #1 Proposed Order)(bwS, COURT STAFF) (Filed on 10/14/2021)
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Filing 10
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 2/24/2022. Initial Case Management Conference set for 3/3/2022 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 10/12/2021)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 9
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 Nathanael M. Cousins remains as referral judge assigned to case,. Reassignment Order signed by CLERK on 10/6/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 10/6/2021)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 8
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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. This is a text only docket entry; there is no document associated with this notice. (lmhS, COURT STAFF) (Filed on 10/5/2021)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 7
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kuang-Bao P. Ou-Young.. (bwS, COURT STAFF) (Filed on 10/5/2021)
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Filing 6
CLERK'S NOTICE RE: Consent or Declination. Plaintiff is requested to file a consent or declination to proceed before a magistrate judge by 10/15/2021. 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.(lmhS, COURT STAFF) (Filed on 10/1/2021)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 5
ORDER GRANTING #4 Motion for Permission for Electronic Case Filing. Signed by Judge Nathanael M. Cousins. (lmhS, COURT STAFF) (Filed on 10/1/2021)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 4
MOTION for Permission for Electronic Case Filing filed by Kuang-Bao P. Ou-Young. (Attachments: #1 Proposed Order)(cv, COURT STAFF) (Filed on 9/23/2021)
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Filing 3
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/15/2021. Initial Case Management Conference set for 12/22/2021 10:00 AM in San Jose, Courtroom 5, 4th Floor. (bwS, COURT STAFF) (Filed on 9/22/2021)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 2
COMPLAINT against All Defendants. Filed byKuang-Bao P. Ou-Young. Consent/Declination due by 10/6/2021. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee of $402.00 paid, Receipt # 54611018722) (bwS, COURT STAFF) (Filed on 9/22/2021)
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Filing 1
ORDER Authorizing Filing of Complaint by Judge Beth L. Freeman. (bwS, COURT STAFF) (Filed on 9/22/2021)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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