Contasti et al v. City of Solana Beach

Plaintiff: Andrew Contasti, Annette Contasti and Joe Hernandez
Defendant: City of Solana Beach
Case Number: 3:2009cv01371
Filed: June 25, 2009
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Presiding Judge: William Q. Hayes
Referring Judge: Barbara Lynn Major
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983cv Civil Rights Act - Civil Action for Deprivation of Rights
Jury Demanded By: Both

Available Case Documents

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Date Filed#Document Text
April 17, 2014 162 Opinion or Order of the Court ORDER: Defendant's Motion for Attorney's Fees is denied. (Doc. 149 ). Signed by Judge William Q. Hayes on 4/17/2014. (mdc) Modified on 4/17/2014 - Notified the appeals clerk re this filing. (mdc)
January 6, 2014 145 Opinion or Order of the Court ORDER: Defendant's motion in limine to preclude any evidence, testimony, or argument relating to violation of right to equal protection (Doc. 106 ) is granted. Defendant's motion in limine to preclude evidence, testimony, or argument relat ing to violation of procedural due process (Doc. 107 ) is granted. The Court has concluded that Plaintiffs do not have a protected property interest necessary to support the due process claim. The Court has further concluded that the City's dec ision to deny the development review permit in this case cannot constitute an equal protection violation. All pending motions are denied as moot. The Clerk of the Court shall enter judgment for Defendant on both claims and close the case. Signed by Judge William Q. Hayes on 1/6/2014. (mdc)
October 22, 2013 141 Opinion or Order of the Court ORDER: Defendant's Motion in Limine to Preclude Evidence, Testimony or Argument Relating to Violation of Substantive Due Process (Doc. 108 ) is granted. The parties may submit further briefing addressing the procedural due process claim and the equal protection claim in light of the ruling in this order no later than 11/8/2013. Any reply may be filed by 11/15/2013. Signed by Judge William Q. Hayes on 10/22/2013. (mdc)
May 28, 2013 98 Opinion or Order of the Court ORDER: On 5/24/2013, the Court conducted a pretrial conference. A jury trial is set for 12/10/2013 at 09:00 AM in Courtroom 14B. For motions in limine and/or Daubert motions, the parties shall file: moving papers on or before 8/5/2013, responses on o r before 8/19/2013, and replies on or before 8/26/2013. The Court will hear oral argument on the motions in limine and/or Daubert motions on 9/6/2013 at 01:30 PM in Courtroom 14B. The parties shall file their jury instructions. On or before 8/5/2013, the parties shall file: a joint proposed verdict form OR a separate verdict form along with written objections to the other party's proposed verdict form; proposed voir dire questions; and a joint statement of the case. The parties shall file trial briefs on or before 11/29/2013. Counsel for Plaintiffs and Defendant shall personally appear for a Final Pretrial Conference on 12/6/2013 at 10:00 AM in Courtroom 14B. Signed by Judge William Q. Hayes on 5/24/2013. (mdc)
January 24, 2013 87 Opinion or Order of the Court ORDER Granting Plaintiffs' Motion For Leave To Designate Two Expert Witnesses, Propound Document Demands, And Take Up To Four Depositions (Re Doc. 80 ): On 1/23/2013, the Court conducted a telephonic Case Management Conference. Based upon the p arties' responses, the Court modifies the Case Management Schedule. If Defendant wishes to file an additional dispositive motion, it must first file for leave with the District Court no later than 4/12/2013. The Proposed Final Pretrial Conference Order is due by 5/17/2013. The Final Pretrial Conference is set for 5/24/2013 at 11:00 AM before Judge William Q. Hayes in Courtroom 14B, 333 West Broadway. Signed by Magistrate Judge Barbara Lynn Major on 1/24/2013. (mdc)
September 18, 2012 71 Opinion or Order of the Court ORDER: The Motion for Summary Judgment or in the Alternative Summary Adjudication of Issues (Doc. 32 ) filed by Defendant City of Solana Beach is DENIED. Counsel shall contact Magistrate Judge Barbara Lynn Major as soon as possible to schedule a case management conference. Signed by Judge William Q. Hayes on 9/18/2012. (mdc)
July 9, 2012 61 Opinion or Order of the Court ORDER: The Motion for Relief from Judgment pursuant to Federal Rule of Civil Procedure 60(b) (Doc. 45 ) filed by Plaintiffs Andrew Contasti, Annette Contasti, and Joe Hernandez is GRANTED. The 7/26/2011 Order granting summary judgment (Doc. 36 ) an d the 7/27/2011 Judgment (Doc. 37 ) are VACATED. Plaintiffs Andrew Contasti, Annette Contasti, and Joe Hernandez shall file any opposition to the Motion for Summary Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues (D oc. 32 ) filed by Defendant City of Solana Beach no later than 14 days from the date of this Order. Defendant City of Solana Beach shall file any reply no later than 21 days from the date of this Order. Signed by Judge William Q. Hayes on 7/9/2012. (All non-registered users served via U.S. Mail Service.) (mdc)
July 26, 2011 36 Opinion or Order of the Court ORDER: The (Doc. 32 ) Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues filed by Defendant City of Solana Beach is granted. The Clerk shall close the case. Signed by Judge William Q. Hayes on 7/26/2011. (mdc)
August 25, 2010 23 Opinion or Order of the Court ORDER denying 17 Motion to Dismiss the First Amended Complaint. Signed by Judge William Q. Hayes on 8/25/10. (lao)
January 20, 2010 14 Opinion or Order of the Court ORDER: The (Doc. 10 ) Motion to Amend the Complaint is granted. No later than 14 days from the date this Order is filed, Plaintiffs shall file the proposed amended complaint which is attached to the Motion to Amend. Signed by Judge William Q. Hayes on 1/20/2010. (mdc) (jrl).
November 10, 2009 9 Opinion or Order of the Court ORDER: The Complaint is dismissed for lack of subject-matter jurisdiction. No later than 30 days from the date of this Order, Plaintiffs may file a motion for leave to amend the Complaint, accompanied by a proposed amended complaint. If Plaintiffs do not file a motion for leave to amend within thirty days, the Court will order this case to be closed. Signed by Judge William Q. Hayes on 11/10/2009. (mdc) Modified on 11/12/2009 - Okay per chambers. (mdc) (jrl).

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Plaintiff: Andrew Contasti
Represented By: Frederik A Jacobsen
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Plaintiff: Annette Contasti
Represented By: Frederik A Jacobsen
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Plaintiff: Joe Hernandez
Represented By: Frederik A Jacobsen
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Defendant: City of Solana Beach
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