San Diego Minutemen v. California Business Transportation and Housing Agency's Department of Transportation et al
| San Diego Minutemen |
| Gilbert Cedillo, Dale Bonner, Does 1 through 10, California Business Transportation and Housing Agency's Department of Transportation, Joe Coto, Will Kempton and Pedro Orso-Delgado |
| Joanne Yoon |
| 3:2008cv00210 |
| February 4, 2008 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Ruben B Brooks |
| William Q Hayes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 cv |
| Plaintiff |
Docket Report
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Filing 85
ORDER: The Joint Motion to Dismiss (Doc. #84 ) is granted. Pursuant to Federal Rule of Civil Procedure 41(a), this action is dismissed with prejudice. Signed by Judge William Q. Hayes on 11/10/2009. (mdc)(kaj).
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| Filing 84 Joint MOTION to Dismiss by Dale Bonner, Will Kempton, Pedro Orso-Delgado. (Benowitz, Jeffrey) (mdc) |
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Filing 83
MINUTE ORDER: The settlement disposition conference on 11/2/2009 at 08:00 AM is vacated and reset for 11/16/2009 at 08:00 AM in the chambers of Magistrate Judge Ruben B. Brooks unless an order granting a joint motion to dismiss the case has been entered prior to the scheduled settlement disposition conference. The joint motion to dismiss is due by 11/9/2009. Signed by Magistrate Judge Ruben B. Brooks on 10/28/2009. (mdc) (jrl).
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Filing 82
ORDER: Yoon's request for relief pursuant to California Code of Civil Procedure Section 708.410 et seq. is denied. The Ex Parte Application for Order Enforcing Settlement Agreement (Doc. #75 ) and the Counter Ex Parte Application for an Order of Defendants' Compliance with the Settlement Agreement (Doc. #78 ) are each granted in part and denied in part. Plaintiff will not be required to render performance pursuant to the settlement agreement until Defendants have delivered the settlement check to Plaintiff, issued the Adopt-a-Highway permit referenced in provision two of the settlement agreement, and, no later than 14 days from the date of this Order, a Public Information Officer for the State has complied with provision five of the settlement agreement. No later than 15 days after this Order is filed, the parties shall file either: (1) a joint motion to dismiss this action, or (2) a status report as to the performance of the material provisions of the settlement agreement. Signed by Judge William Q. Hayes on 10/27/2009. (mdc)(jrl).
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| Filing 81 REPLY to Response to Motion re #75 Ex Parte MOTION To Enforce Settlement Agreement filed by San Diego Minutemen. (Attachments: #1 Proof of Service Reply Brief)(Fuselier, Lowell) (mdc) |
| Filing 80 CERTIFICATE OF SERVICE filed as RESPONSE in Opposition re #75 Ex Parte MOTION To Enforce Settlement Agreement Proof of Service filed by Joanne Yoon. (Mitchell, James) Modified text on 9/28/2009 to reflect document type (lao). |
| Filing 79 RESPONSE in Opposition re #75 Ex Parte MOTION To Enforce Settlement Agreement filed by Joanne Yoon. (Mitchell, James) (mdc) |
| Filing 78 RESPONSE in Opposition re #75 Ex Parte MOTION To Enforce Settlement Agreement filed by Pedro Orso-Delgado, Dale Bonner, Will Kempton. (Attachments: #1 Exhibit Exhibits A-E, #2 Proof of Service Cert. of Service)(Benowitz, Jeffrey) Modified on 9/25/2009 - Okay per chambers. (mdc) |
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Filing 77
MINUTE ORDER for proceedings held before Magistrate Judge Ruben B. Brooks: A telephonic, attorneys-only Settlement Conference was held on 9/9/2009. Signed by Magistrate Judge Ruben B. Brooks on 9/9/2009. (Plaintiff Attorney: Howard Kaloogian) (Defendant Attorney: Jeff Benowitz) (mdc) (jrl).
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| Filing 76 MINUTE ORDER: Any reponse to Plaintiff's Ex Parte Motion to Enforce Settlement Agreement shall be filed no later than September 25, 2009. Any reply shall be filed no later than October 5, 2009. Judge William Q. Hayes on 9/4/2009. (sxd) |
| Filing 75 Ex Parte MOTION To Enforce Settlement Agreement by San Diego Minutemen. (Attachments: #1 Memo of Points and Authorities in Support of Ex Parte Application to Enforce Settlement Agreement, #2 Declaration of Howard Kaloogian, Esq. in Support of Application, #3 Proof of Service of Ex Parte Application and Related Documents)(Fuselier, Lowell) (mdc) |
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Filing 74
MINUTE ORDER for proceedings held before Magistrate Judge Ruben B. Brooks: A telephonic, attorneys-only Settlement Conference was held on 9/2/2009. A telephonic, attorneys-only Settlement Conference is set for 9/9/2009 at 08:00 AM. Signed by Magistrate Judge Ruben B. Brooks on 9/2/2009. (Plaintiff Attorneys: David Hayek; Howard Kaloogian, present) (Defendant Attorneys: Jeff Benowitz, present; Stephanie Martin) (mdc) (jrl).
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Filing 73
MINUTE ORDER: A telephonic attorneys-only settlement conference is set for 9/2/2009 at 08:00 AM. Signed by Magistrate Judge Ruben B. Brooks on 8/24/2009. (mdc) (av1).
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| Filing 72 NOTICE by Pedro Orso-Delgado, Dale Bonner, Will Kempton Notice of Multiple Lien Claimants on Settlement (Attachments: #1 Exhibit A Notice Of Multiple Lien Claimants on Settlement, #2 Exhibit B to Notice of Multiple Lien Claimants on Settlement, #3 Proof of Service Notice of Multiple Lien Claimants)(Benowitz, Jeffrey) (mdc) |
| Filing 71 NOTICE by Joanne Yoon of Lien by Judgment Creditor (Attachments: #1 Notice of Filing Certified Copy of Judgment, #2 Proof of Service)(Mitchell, James) (mdc) |
| Filing 70 NOTICE by San Diego Minutemen Counsel of Attorney's Lien (Attachments: #1 Proof of Service of Notice of Attorney's Lien)(Fuselier, Lowell) (vet). |
| Filing 69 NOTICE by San Diego Minutemen Counsel of Attorney's Lien (Attachments: #1 Proof of Service of Notice of Attorney's Lien)(Fuselier, Lowell) (jpp). |
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Filing 68
MINUTE ORDER for proceedings held before Magistrate Judge Ruben B. Brooks: A Settlement Conference was held on 8/3/2009. The parties settled the case. A Settlement Disposition Conference is set for 11/2/2009 at 08:00 AM in the chambers of Magistrate Judge Ruben B. Brooks unless an order granting a joint motion to dismiss has been entered prior to the scheduled settlement disposition conference. The joint motion to dismiss is due by 10/26/2009. If the parties wish to consent to continuing magistrate judge jurisdiction, a consent form signed by the parties and counsel shall accompany the joint motion to dismiss. Signed by Magistrate Judge Ruben B. Brooks on 8/3/2009. (Plaintiff Attorneys: David Hayek; Howard Kaloogian, present) (Defendant Attorneys: Jeff Benowitz, present; Stephanie Martin, present) (mdc) (jrl).
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Filing 67
ORDER granting #56 Motion for Judgment on the Pleadings. The above-captioned action is DISMISSED as to Defendants Gilbert Cedillo and Joe Coto. Signed by Judge William Q. Hayes on 7/10/09. (asw) (jrl).
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Filing 66
AMENDED MINUTE ORDER: The Court determines that the settlement conference set on 8/3/2009 at 08:30 AM will stay on calendar as the next scheduled meeting. Signed by Magistrate Judge Ruben B. Brooks on 3/25/2009. (Plaintiff Attorney: David Hayek) (Defendant Attorneys: Jeff Benowitz, Stephanie Martin) (mdc) (jrl).
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Filing 65
Notice of Document Discrepancy and Order Thereon by Judge William Q. Hayes Accepting Document: #63 Plaintiff's Initial Disclosure, filed as Notice from Plaintiff San Diego Minutemen. Non-compliance with local rule(s), OTHER: F.R.C.P. 26(a)(1) requires Initial Disclosures to be provided to other parties, not filed with the Court. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record.(lao)
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Filing 64
Notice of Document Discrepancy and Order Thereon by Judge William Q. Hayes re document #62 from Defendants Pedro Orso-Delgado, Dale Bonner, Will Kempton. Non-compliance with local rule(s), OTHER: F.R.C.P. 26(a)(1) requires Initial Disclosures to be provided to other parties, not filed with the Court. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. (lao)
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| Filing 63 NOTICE by San Diego Minutemen of Initial Disclosure per FRCP 26(a)(1) (Attachments: #1 Proof of Service of Plaintiff's Initial Disclosure per FRCP 26(a)(1))(Fuselier, Lowell) Modified on 3/18/2009 - Sent e-mail to atty re initial disclosures; sent discrep. (mdc) |
| Filing 62 NOTICE by Pedro Orso-Delgado, Dale Bonner, Will Kempton INITIAL DISCLOSURES (Attachments: #1 Proof of Service Initial Disclosures)(Benowitz, Jeffrey) Modified on 3/18/2009 - Sent e-mail to atty re initial disclosures; sent discrep. (mdc) |
| Filing 61 REPLY to Response to Motion re #56 MOTION for Judgment on the Pleadings ; Memorandum of Points and Authorities filed by Joe Coto, Gilbert Cedillo. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A to Request for Judicial Notice, #3 Proof of Service)(Johansen, Robin) (mdc) |
| Filing 60 MOTION for Judgment on the Pleadings by Joe Coto, Gilbert Cedillo. (Attachments: #1 Proof of Service)(Johansen, Robin) Modified on 3/17/2009 - Document incorrectly filed as a motion; refiled correctly as Doc. #61 ; this motion filing terminated. (mdc) |
| Filing 59 RESPONSE in Opposition re #56 MOTION for Judgment on the Pleadings ; Memorandum of Points and Authorities in Opp to FRCP 12(c) Mtn by Cedillo & Coto filed by San Diego Minutemen. (Attachments: #1 Proof of Service of Pltf's Opp to FRCP 12(c) Mtn by Cedillo & Coto)(Fuselier, Lowell) (mdc) |
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Filing 58
ORDER Granting Joint Ex Parte Application To Extend Discovery Deadlines (Re Doc. #57 ). Signed by Magistrate Judge Ruben B. Brooks on 3/9/2009. (mdc) (jrl).
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| Filing 57 JOINT MOTION for Extension of Time to Complete Discovery (Joint Application) by Joe Coto, Gilbert Cedillo. (Attachments: #1 Proof of Service)(Johansen, Robin) Modified on 3/6/2009 - Replaced "Ex Parte" with "Joint" in text/motion text; sent e-mail to atty re this issue. (mdc) |
| Filing 56 MOTION for Judgment on the Pleadings ; Memorandum of Points and Authorities by Joe Coto, Gilbert Cedillo. (Attachments: #1 Proof of Service)(Johansen, Robin) Modified on 2/20/2009 - Sent e-mail to atty re memorandum as an attachment. (mdc,c) |
| Filing 55 NOTICE of Appearance by Kari Lynn Krogseng on behalf of Joe Coto, Gilbert Cedillo (Attachments: #1 Proof of Service)(Krogseng, Kari) (mdc) |
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Filing 54
Case Management Conference ORDER Regulating Discovery And Other Pretrial Proceedings: Pursuant to rule 16 of the Federal Rules of Civil Procedure, a case management conference was held on 1/7/2009. Any motion to join other parties, to amend the pleadings or to file additional pleadings shall be filed and heard on or before 4/13/2009. All other pretrial motions must be filed on or before 8/17/2009. A further settlement conference shall be held on 8/3/2009 at 08:30 AM. If this case is tried to the Court, counsel shall serve on each other and file with the Clerk of the Court their memoranda of contentions of fact and law in compliance with Local Rule 16.1(f)(2) on or before 11/30/2009. The Proposed Final Pretrial Conference Order is due by 12/7/2009. The Final Pretrial Conference is set for 12/14/2009 at 11:00 AM before Judge William Q. Hayes. Signed by Magistrate Judge Ruben B. Brooks on 1/7/2009. (mdc)
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Filing 53
ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance And NOTICE Of Case Management Conference: On 1/7/2009, the Court held an early neutral evaluation conference. Settlement could not be reached. A further settlement conference is set for 8/3/2009 at 08:30 AM in the chambers of Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 1/7/2009. (mdc)
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Filing 52
MINUTE ORDER for proceedings held before Magistrate Judge Ruben B. Brooks: An Early Neutral Evaluation Conference and Case Management Conference were held. Defendants shall submit a confidential settlement proposal to chambers no later than 3/6/2009. A Settlement Conference is set for 8/3/2009 at 08:30 AM. All parties and counsel shall be present at the conference in Magistrate Judge Ruben B. Brooks's chambers. Signed by Magistrate Judge Ruben B. Brooks on 1/7/2009. (Plaintiff Attorney: David Hayek) (Defendant Attorneys: Jeff Benowitz, Stephanie Martin) (mdc) Modified on 1/8/2009 - Corrected document title in text; regenerated NEF. (mdc)
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Filing 51
NOTICE And ORDER Re State's Ex Parte Application Re Early Neutral Evaluation Conference (Re Doc. #49 ): Defendants Kempton, Bonner and Orso-Delgado shall be excused from personally appearing at the Early Neutral Evaluation Conference to be held on 1/7/2009. Defendants shall be represented at the Conference by counsel with full settlement authority. Signed by Magistrate Judge Ruben B. Brooks on 1/5/2009. (mdc)
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| Filing 50 AMENDED DOCUMENT by Pedro Orso-Delgado, Dale Bonner, Will Kempton. Certificate of Service. (Benowitz, Jeffrey) (mdc) |
| Filing 49 Ex Parte MOTION To Be Excused From Personally Appearing At The Early Neutral Evaluation Conference - Filed as NOTICE by Pedro Orso-Delgado, Dale Bonner, Will Kempton Ex Parte Application (Attachments: #1 Notice NOTICE AND ORDER, #2 Proof of Service Cert of Service)(Benowitz, Jeffrey) Modified on 1/5/2009 - Corrected document title in text/motion text; sent e-mail to atty re proposed orders. (mdc) |
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Filing 48
ORDER Granting Ex Parte Motion Of Defendants Joe Coto And Gilbert Cedillo Re Early Neutral Evaluation Conference (Re Doc. #46 ): Defendants Assemblyman Joe Coto and Senator Gilbert Cedillo and their counsel are excused from attending the Early Neutral Evaluation Conference, scheduled for 1/7/2009 at 08:30 AM. Signed by Magistrate Judge Ruben B. Brooks on 12/22/2008. (mdc)
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| Filing 47 DECLARATION re #46 Ex Parte MOTION Early Neutral Evaluation Conference of Robin B. Johansen In Support by Defendants Joe Coto, Gilbert Cedillo. (Attachments: #1 Proof of Service)(Johansen, Robin) Modified on 12/22/2008 - Sent e-mail to atty re attachments to previous filing. (mdc) |
| Filing 46 Ex Parte MOTION Early Neutral Evaluation Conference by Joe Coto, Gilbert Cedillo. (Attachments: #1 Proof of Service)(Johansen, Robin) (mdc) |
| Filing 45 ANSWER to #40 Amended Complaint by Joe Coto, Gilbert Cedillo. (Attachments: #1 Proof of Service)(Johansen, Robin) (mdc) |
| Filing 44 Defendants' ANSWER to #40 Amended Complaint by Pedro Orso-Delgado, Dale Bonner, Will Kempton. (Attachments: #1 Proof of Service to Defts' Answer to Plaintiff's 1st Amnd Cmpt)(Benowitz, Jeffrey) (mdc) |
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Filing 43
MINUTE ORDER: The early neutral evaluation conference on 12/22/2008 at 01:30 PM is vacated and reset for 1/7/2009 at 08:30 AM. Signed by Magistrate Judge Ruben B. Brooks on 12/5/2008. (Plaintiff Attorney: David Hayek) (Defendant Attorneys: Jeff Benowitz; Stephanie Martin) (mdc)
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| Filing 42 Summons Issued on First Amended Complaint (Doc. #40 ). (mdc) |
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Filing 41
Notice and ORDER for Early Neutral Evaluation Conference. (Early Neutral Evaluation set for 12/22/2008 01:30 PM in chambers before Magistrate Judge Ruben B. Brooks.) Signed by Magistrate Judge Ruben B. Brooks on 11/25/08. (lao) (av1).
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| Filing 40 AMENDED COMPLAINT with Jury Demand against all defendants, filed by San Diego Minutemen. (Attachments: #1 Proof of Service of First Amended Complaint)(Fuselier, Lowell) (mkz). |
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Filing 39
ORDER Granting #36 Motion for Leave to File the Second Amended Complaint. Plaintiff shall file the Second Amended Complaint within 10 days of the date of this order. Signed by Judge William Q. Hayes on 11/24/08. (vet)
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| Filing 38 REPLY to Response to Motion re #36 MOTION for Leave to File First Amended Complaint filed by San Diego Minutemen. (Attachments: #1 Proof of Service of Reply Brief re: Motion for Leave to file Amended Complaint)(Fuselier, Lowell) (mdc) |
| Filing 37 RESPONSE in Opposition re #36 MOTION for Leave to File First Amended Complaint filed by Pedro Orso-Delgado, California Business Transportation and Housing Agency's Department of Transportation, Dale Bonner, Will Kempton. (Attachments: #1 Proof of Service Cert of Service)(Benowitz, Jeffrey)(asw). |
| Filing 36 MOTION for Leave to File First Amended Complaint by San Diego Minutemen. (Attachments: #1 Memo of Points and Authorities Re: Mtn for Leave to File 1st Am. Complt, #2 Declaration of Lowell R. Fuselier, #3 Notice of Lodgment re Mtn for Leave to File 1st Am. Complt, #4 Proof of Service)(Fuselier, Lowell) - No Oral Argument Unless Requested By The Court. Modified on 9/17/2008 to add note re oral argument to text. (mdc) |
| Filing 35 ANSWER to Complaint by Pedro Orso-Delgado, Dale Bonner, Will Kempton. (Attachments: #1 Proof of Service Cert. of Service for Answer)(Benowitz, Jeffrey) (mdc) |
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Filing 34
ORDER (1) granting in part, and denying in part, #19 Defendants' Motion to Dismiss, and (2) granting #13 Plaintiff's Motion for a Preliminary Injunction. Defendants' motion to dismiss Defendant California Business, Transportation and Housing Agency's Department of Transportation (Caltrans) on Eleventh Amendment Grounds is Granted. Defendants' motion to dismiss claims for damages against Defendants Bonner, Kempton, and Orso-Delgado in their official capacities is Granted. In all other respects, Defendants motion to dismiss is Denied. Defendants shall reinstate Plaintiff's permit for AAH Program segment 11-SD-005 PM 66.3-68.3 N/B and reinstall Plaintiff's courtesy signs within thirty (30) days of this Order. Signed by Judge William Q. Hayes on 6/27/08. (lao) (av1).
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| Filing 33 Minute Entry for proceedings held before Judge William Q. Hayes:Motion Hearing held on 5/9/2008 re [13-1] Motion for Preliminary Injunction and [19-1] Amended Motion to Dismiss Complaint. Court will issue order.(Court Reporter Mauralee Ramirez).(Plaintiff Attorneys Lowell Robert Fuselier, David Hayek and Howard Kaloogian).(Defense Attorneys Jeffrey Benowitz and Stephanie Martin).(sxd) |
| Filing 32 AFFIDAVIT in Support re #13 MOTION for Preliminary Injunction (Supp. Decl of L.R. Fuselier, Esq. with Exhibits filed by San Diego Minutemen. (Attachments: #1 Proof of Service)(Fuselier, Lowell) (mdc) |
| Filing 31 REPLY to Response to Motion re #13 MOTION for Preliminary Injunction and Exhibits filed by San Diego Minutemen. (Fuselier, Lowell) (mdc) |
| Filing 30 REPLY re #25 Response in Opposition to Motion, #19 Amended MOTION to Dismiss Complaint Per Federal Rule of Civil Procedure 12(b)(1); (2); and (6) filed by Pedro Orso-Delgado, California Business Transportation and Housing Agency's Department of Transportation, Dale Bonner, Will Kempton. (Attachments: #1 Proof of Service for Defendants' Reply in Support of Motion to Dismiss)(Benowitz, Jeffrey) Modified on 5/6/08 to remove duplicative text. (mdc) |
| Filing 29 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re Doc. #27 DECLARATION And NOTICE Of Lodgement Of Deposition Transcripts Of Depositions Of William Alan Kempton And Pedro Orso-Delgado, Doc. #28 CERTIFICATE OF SERVICE. (mdc) |
| Filing 28 CERTIFICATE OF SERVICE by San Diego Minutemen re Doc. #27 DECLARATION And NOTICE Of Lodgement Of Deposition Transcripts Of Depositions Of William Alan Kempton And Pedro Orso-Delgado. (mdc) |
| Filing 27 DECLARATION And NOTICE Of Lodgement Of Deposition Transcripts Of Depositions Of William Alan Kempton And Pedro Orso-Delgado by San Diego Minutemen. (mdc) |
| Filing 26 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction filed by Pedro Orso-Delgado, California Business Transportation and Housing Agency's Department of Transportation, Dale Bonner, Will Kempton. (Attachments: #1 Proof of Service 4-25-08)(Benowitz, Jeffrey) (mdc) |
| Filing 25 RESPONSE in Opposition re #19 Amended MOTION to Dismiss Complaint Per Federal Rule of Civil Procedure 12(b)(1); (2); and (6) filed by San Diego Minutemen. (Attachments: #1 Declaration Lowell Robert Fuselier, Esq. & Exhibits, #2 Proof of Service on defendants)(Fuselier, Lowell) Modified on 4/28/08 to remove duplicative text. (mdc) |
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Filing 24
MINUTE ORDER: #23 Ex Parte Motion to Continue is GRANTED. The hearing date for Plaintiff's motion for preliminary injunction and Defendant's motion to dismiss is hereby continued from 4/17/2008 to 5/9/2008 09:30 AM in Courtroom 4 before Judge William Q. Hayes by Judge William Q. Hayes on 4/1/2008. (sxd)
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| Filing 23 Ex Parte MOTION to Continue Hrng/Briefing on Mtn for Preliminary Injunction and Motion to Dismiss by San Diego Minutemen. (Attachments: #1 Declaration of Lowell Robert Fuselier, Esq.#2 Certificate of Service)(Fuselier, Lowell) (mdc) |
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Filing 22
MINUTE ORDER re #21 : On 3/14/08, Defendants filed their Objection and Opposition to Plaintiff's Application for Early Discovery ( #21 ). After considering the Defendants' Objection, the Court reaffirms its finding of good cause for expedited discovery. Defendants' objection is overruled. Signed by Magistrate Judge Ruben B. Brooks on 3/17/08. (mdc)
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| Filing 21 OBJECTION by Pedro Orso-Delgado, California Business Transportation and Housing Agency's Department of Transportation, Dale Bonner, Will Kempton To Plaintiff's Application for Early Discovery (Attachments: #1 Certificate of Service)(Benowitz, Jeffrey) (mdc) |
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Filing 20
MINUTE ORDER: The hearing for Plaintiff's pending motion for preliminary injunction #13 is hereby set for Thursday, April 17, 2008 at 1:30 PM in Courtroom 4 before Judge William Q. Hayes. Defendants shall respond to Plaintiff's motion for preliminary injunction on or before Tuesday April 1, 2008. Plaintiff may file a reply to support the motion for preliminary injection on or before Tuesday April 8, 2008. At the April 17, 2008 hearing on the motion for preliminary injunction, the Court will also hear oral argument on Defendants' motion to dismiss by Judge William Q. Hayes on 3/5/2008. (sxd) Modified on 3/5/2008 to add text sxd, ).
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| Filing 19 Amended MOTION to Dismiss Complaint Per Federal Rule of Civil Procedure 12(b)(1); (2); and (6) by Pedro Orso-Delgado, California Business Transportation and Housing Agency's Department of Transportation, Dale Bonner, Will Kempton. (Attachments: #1 Memo of Points and Authorities Amended#2 Request for Judicial Notice Amended#3 Exhibit to Amended Request for Judicial Notice#4 Certificate of Service)(Benowitz, Jeffrey) Modified on 2/28/08 - Left voicemail message for Ms. Levenson re s/ signature. (mdc) |
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Filing 18
MINUTE ORDER for proceedings held before Magistrate Judge Ruben B. Brooks: A telephonic discovery conference was held on 2/26/08. Signed by Magistrate Judge Ruben B. Brooks. (Plaintiff Attorney David Hayek) (Defendant Attorney Jeff Benowitz, Stephanie Martin) (mdc)
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| Filing 17 REFILED AS #19 - MOTION to Dismiss Request for Judicial Notice w/ Exhibit 1 by Pedro Orso-Delgado, California Business Transportation and Housing Agency's Department of Transportation, Dale Bonner, Will Kempton. (Attachments: #1 Exhibit Exhibit to Request for Judicial Notice)(Benowitz, Jeffrey) Modified on 2/28/08 - Discrepancy Order pending in WQH chambers; edited text to indicate refiling status. |
| Filing 16 REFILED AS #19 - MOTION to Dismiss Mem of P's & A's re Motion to Dismiss by Pedro Orso-Delgado, California Business Transportation and Housing Agency's Department of Transportation, Dale Bonner, Will Kempton. (Benowitz, Jeffrey) Modified on 2/28/08 - Discrepancy Order pending in WQH chambers; edited text to indicate refiling status. |
| Filing 15 REFILED AS #19 - MOTION to Dismiss COMPLAINT PER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1); (2); and (6) by Pedro Orso-Delgado, California Business Transportation and Housing Agency's Department of Transportation, Dale Bonner, Will Kempton. (Benowitz, Jeffrey) Modified on 2/28/08 - Discrepancy Order pending in WQH chambers; edited text to indicate refiling status. (mdc) |
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Filing 14
MINUTE ORDER: A telephonic discovery conference is set for 2/26/08 at 04:30 PM. Signed by Magistrate Judge Ruben B. Brooks on 2/26/08. (mdc)
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| Filing 13 MOTION for Preliminary Injunction by San Diego Minutemen. (Attachments: #1 Memo of Points and Authorities In Support of Motion for Preliminary Injunction#2 Proof of Service of Ntc & Mtn for Prelim Injunction; Memo of P&As in support of Mtn)(Fuselier, Lowell) (mdc) |
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Filing 12
ORDER Granting Motion To Withdraw Motion For Preliminary Injunction And Vacating Briefing Schedule And Hearing Date Contained In This Court's Order Of February 7, 2008: The motion to withdraw the motion for preliminary injunction ( #8 ) is granted. In addition, the briefing schedule and motion for preliminary injunction hearing date contained in this Court's Order ( #6 ) of 2/7/08 are vacated. Signed by Judge William Q. Hayes on 2/22/08. (mdc)
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Filing 11
Discrepancy Order by Judge William Q. Hayes rejecting document: Motion For Preliminary Injunction (Doc. # 9) from Plaintiff San Diego Minutemen; non-compliance with: ECF Section 2(g); Civ. L. Rule 7.1 or 47.1; ECF Section 2(d). Dated 2/22/08. (mdc)
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Filing 10
MINUTE ORDER: Plaintiff's Application for Expedited Discovery ( #3 ) is granted. Plaintiff may depose Will Kempton, Director of CalTrans, and Pedro Orso-Delgado, District Director of CalTrans, on or before 3/1/08. Each deposition is not to exceed three hours. Signed by Magistrate Judge Ruben B. Brooks on 2/20/08. (mdc)
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| Filing 9 STRICKEN PER 2/22/08 DISCREPANCY ORDER ( #11 ) - MOTION for Preliminary Injunction by San Diego Minutemen. (Fuselier, Lowell) Modified on 2/22/08 to strike entry. (mdc) |
| Filing 8 MOTION to Withdraw Motion for Prelim Inj. w/o Prej. by San Diego Minutemen. (Fuselier, Lowell). Modified on 2/13/2008 (tkl, ). Contacted and emailed atty. The correct format for an attorney signature is S/ Lowell Fuselier; missing proof of service. |
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Filing 7
MINUTE ORDER; Defendants shall file a response to Plaintiff's Ex Parte Application for Expedited Discovery #3 on or before 02/13/08. Signed by Judge Ruben B. Brooks on 02/08/08. (jpp)
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Filing 6
ORDER Denying Motion For Issuance Of A Temporary Restraining Order And Setting Briefing Schedule For Motion For Preliminary Injunction: Pending before the Court is Plaintiff's request for a temporary restraining order ( #2 , #5 ). The Court finds this matter suitable for submission on the papers and without oral argument. Plaintiff's motion for a temporary restraining order ( #2 , #5 ) is denied. The Court sets the briefing schedule for Plaintiff's motion for a preliminary injunction to enjoin Defendants from assigning Plaintiff's former Adopt-a-Highway location to a third party ( #2 ): (1) Defendants shall file a response to the motion on or before 2/29/08; (2) Plaintiffs may file a reply in support of the motion on or before 3/7/08; (3) The parties shall appear for a hearing on the motion on 3/14/08 at 01:00 PM. Plaintiff's motion for expedited discovery ( #3 ) is referred to Magistrate Judge Ruben B. Brooks. Signed by Judge William Q. Hayes on 2/7/08. (mdc)
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| Filing 5 Ex Parte MOTION, filed as Application, For Order To Show Cause Re Temporary Restraining Order And Preliminary Injunction by San Diego Minutemen. (mdc) |
| Filing 4 Summons Issued as to Dale Bonner, Will Kempton, Pedro Orso-Delgado, California Business Transportation and Housing Agency's Department of Transportation. (jcj) |
| Filing 3 MOTION - Ex Parte Application for Expedited Discovery by San Diego Minutemen. (jcj) |
| Filing 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by San Diego Minutemen. (Attachments: #1 Declaration)(jcj) |
| Filing 1 COMPLAINT t/w Jury Demand, against California Business Transportation and Housing Agency's Department of Transportation, Dale Bonner, Will Kempton, Pedro Orso-Delgado, Does 1 through 10 ( Filing fee $ 350, receipt number 147194), filed by San Diego Minutemen.(jcj) |
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