Evans Hotel, LLC et al v. Unite Here! Local 30 et al
Plaintiff: EHSW, LLC, BH Partnership LP and Evans Hotels, LLC
Defendant: DOES 1-10, Brigette Browning, Unite Here! Local 30, San Diego County Building and Construction Trades Council, AFL-CIO and Tom Lemmon
Case Number: 3:2018cv02763
Filed: December 7, 2018
Court: US District Court for the Southern District of California
Presiding Judge: Karen S Crawford
Referring Judge: Allison H Goddard
2 Judge: William Q Hayes
3 Judge: Marilyn L Huff
4 Judge: Robert S Huie
5 Judge: Linda Lopez
6 Judge: Todd W Robinson
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. § 0187 Labor: Recover Damages from Unfair Labor Practice
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2023 Opinion or Order Filing 162 TRANSCRIPT DESIGNATION AND ORDERING FORM by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC for proceedings held on 10/02/2019 re #157 Notice of Appeal to 9th Circuit,. (Low, William) (mjw).
August 21, 2023 Opinion or Order Filing 161 USCA Time Schedule Order as to #159 Notice of Appeal to 9th Circuit, filed by Unite Here! Local 30, San Diego County Building and Construction Trades Council, AFL-CIO, Tom Lemmon, Brigette Browning. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 9/18/2023 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 10/18/2023.) (cc: Court Reporter). (mjw)
August 21, 2023 Opinion or Order Filing 160 USCA Case Number 23-55728 for #159 Notice of Appeal to 9th Circuit, filed by Unite Here! Local 30, San Diego County Building and Construction Trades Council, AFL-CIO, Tom Lemmon, Brigette Browning, #157 Notice of Appeal to 9th Circuit, filed by EHSW, LLC, BH Partnership LP, Evans Hotels, LLC. (Attachments: #1 Notice to all Parties and Counsel, #2 Cross Appeal Chart, #3 Mediation Letter, #4 Mediation Questionnaire, #5 Case Opening Packet)(mjw)
August 17, 2023 Opinion or Order Filing 159 CROSS-APPEAL NOTICE OF APPEAL to the 9th Circuit #24 , #60 , #93 , 140] by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. ( Filing fee $ 505 receipt number ACASDC-18112822.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Proof of Service)(More, Paul) (mjw).
August 4, 2023 Opinion or Order Filing 158 USCA Case Number 23-55692 for #157 Notice of Appeal to 9th Circuit, filed by EHSW, LLC, BH Partnership LP, Evans Hotels, LLC. (Attachments: #1 Notice to all Parties and Counsel, #2 Mediation Letter, #3 Mediation Questionnaire, #4 Case Opening Packet)(mjw)
August 3, 2023 Opinion or Order Filing 157 NOTICE OF APPEAL to the 9th Circuit as to #156 Order on Motion to Dismiss, Order on Motion for Leave to File Document by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. ( Filing fee $ 505 receipt number ACASDC-18071646.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Low, William) (mjw).
July 6, 2023 Opinion or Order Filing 156 ORDER Granting Defendants Motion To Dismiss The Third Amended Complaint And Denying Plaintiffs Motion For Leave To File A Surreply As Moot (ECF Nos. #143 , #155 ). Signed by District Judge Robert S. Huie on 7/6/2023. (alns)
June 22, 2023 Opinion or Order Filing 155 MOTION for Leave to File Surreply to Defendant's Motion to Dismiss by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Attachments: #1 Memo of Points and Authorities in Support of Motion for Leave to File Surreply to Defendants' Motion to Dismiss, #2 Exhibit A)(Low, William) (ddf).
June 6, 2023 Opinion or Order Filing 154 NOTICE Defendants' Notice of Supplemental Authority by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30 (More, Paul)(alns).
June 2, 2023 Opinion or Order Filing 153 MINUTE ORDER: Having reviewed the moving papers, and good cause appearing, the Court GRANTS Defendants' unopposed ex parte Motion for Leave to File Notice of Supplemental Authority #152 . Defendants shall file its supplemental authority without any legal analysis on or before June 5, 2023. Signed by District Judge Robert S. Huie on 6/2/2023. (no document attached) (esk)
June 2, 2023 Opinion or Order Filing 152 Ex Parte MOTION for Leave to File Notice of Supplemental Authority by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (More, Paul) (alns).
February 1, 2023 Opinion or Order Filing 151 NOTICE Defendants' Notice of Supplemental Authority by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30 (More, Paul) (alns).
January 31, 2023 Opinion or Order Filing 150 MINUTE ORDER: Having reviewed the moving papers, and good cause appearing, the Court GRANTS Defendants' unopposed ex parte Motion for Leave to File Supplemental Authority #149 . Defendants shall file its supplemental authority without any legal analysis on or before February 3, 2023. Signed by District Judge Robert S. Huie on 01/31/2023. (no document attached) (esk)
January 31, 2023 Opinion or Order Filing 149 Ex Parte MOTION for Leave to Electronically File Documents Defendants' Ex Parte Motion for Leave of Court to File Notice of Supplemental Authority by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (More, Paul) (alns).
January 30, 2023 Opinion or Order Filing 148 NOTICE of Withdrawal of David L. Barber by Brigette Browning, Unite Here! Local 30 (More, Paul) (alns).
November 10, 2022 Opinion or Order Filing 147 NOTICE of Withdrawal of Counsel re Jennifer M. Oliver by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Mogin, Daniel) (alns).
October 31, 2022 Opinion or Order Filing 146 RESPONSE re #144 Response in Opposition to Motion, to Plaintiffs' Joint Objections to Defendants' Request for Judicial Notice filed by Brigette Browning, Does 1-10, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Leyton, Stacey) (alns).
October 31, 2022 Opinion or Order Filing 145 REPLY to Response to Motion re #143 MOTION to Dismiss Third Amended Complaint filed by Brigette Browning, Does 1-10, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Leyton, Stacey) (alns).
October 24, 2022 Opinion or Order Filing 144 RESPONSE in Opposition re #143 MOTION to Dismiss Third Amended Complaint filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Attachments: #1 Notice of Objections to Request for Judicial Notice)(Low, William) (alns).
September 20, 2022 Opinion or Order Filing 143 MOTION to Dismiss Third Amended Complaint by Brigette Browning, Does 1-10, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Stacey M. Leyton, #3 Request for Judicial Notice)(Leyton, Stacey) (alns).
September 1, 2022 Opinion or Order Filing 142 ORDER granting #141 Motion for Extension of Time to File, for good cause shown. Defendants shall file their motion to dismiss on or before September 20, 2022, noticing the motion for November 7, 2022 to allow Plaintiffs an equivalent extension of time to respond. Signed by District Judge Robert S. Huie on 9/1/2022. (no document attached) (Huie, Robert)
September 1, 2022 Opinion or Order Filing 141 Joint MOTION for Extension of Time to File Joint Motion for Order Extending Briefing Schedule on Motion to Dismiss Third Amended Complaint by Brigette Browning, Unite Here! Local 30. (Attachments: #1 Declaration More Declaration in Support of Joint Motion for Order Extending Briefing Schedule on Motion to Dismiss Third Amended Complaint)(More, Paul) (alns).
August 30, 2022 Opinion or Order Filing 140 ORDER denying #118 Motion for Leave to File; denying #125 Motion for Attorney Fees; granting #126 Motion for Order; denying #137 Motion Status Conference. Signed by District Judge Robert S. Huie on 8/30/2022. (All non-registered users served via U.S. Mail Service)(alns) (jms).
August 8, 2022 Opinion or Order Filing 139 ORDER Following Case Management Conference. Discovery and initial disclosures remain stayed. Signed by Magistrate Judge Allison H. Goddard on 8/8/2022.(hmw)
August 8, 2022 Opinion or Order Filing 138 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Case Management Conference held on 8/8/2022. The Court heard from both sides regarding whether the stay on discovery should be lifted. Order to issue. (ECR: recorded on the Court's Videoconference Software. 14:05-14:23). (Plaintiff Attorneys William M. Low, Daniel J. Mogin, and Lawrence David Levien). (Defendant Attorneys Paul L. More, Stacey Monica Leyton, and Steven Todd Coopersmith). (no document attached) (hmw)
August 2, 2022 Opinion or Order Filing 137 Joint MOTION Set Status Conference by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Low, William)(ave).
July 21, 2022 Opinion or Order Filing 136 JOINT HEARING STATEMENT by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Attachments: #1 Exhibit Discovery Plan, #2 Exhibit Proposed Scope, #3 Exhibit Defendants Response to Plaintiffs' Proposed Scope of Discovery)(Low, William) (ave).
June 24, 2022 Opinion or Order Filing 135 ORDER OF TRANSFER. This case is transferred from the calendar of the Honorable Judge Linda Lopez to the calendar of the Honorable Robert S. Huie. All dates currently set before Judge Linda Lopez remain as scheduled before Judge Huie. Dates before the Magistrate Judge are unaffected by this Order. The new case number is: 18cv2763-RSH-AHG. Signed by Judge Linda Lopez on 6/24/2022.(fth)
June 9, 2022 Opinion or Order Filing 134 ORDER Resetting Case Management Conference ("CMC"). CMC originally scheduled for 7/27/2022 is RESET for 8/8/2022 at 2:00 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 6/9/2022.(hmw)
May 27, 2022 Opinion or Order Filing 133 ORDER Setting Case Management Conference ("CMC") and Denying as Moot #130 Plaintiffs' Motion for Case Management Conference. CMC videoconference set for 7/27/2022 at 1:30 PM before Magistrate Judge Allison H. Goddard. Discovery and initial disclosures are stayed until after the CMC. Signed by Magistrate Judge Allison H. Goddard on 5/27/2022. (hmw)
May 26, 2022 Opinion or Order Filing 132 RESPONSE to Motion re #130 Motion for Extension of Time to Complete Discovery filed by Brigette Browning, Does 1-10, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Leyton, Stacey) (ddf).
May 19, 2022 Opinion or Order Filing 131 ORDER Setting Briefing Schedule re #130 Plaintiffs' Motion for Case Management Conference. Should Defendants oppose the motion, they must file one consolidated opposition brief by 5/26/2022. The Court will then take the matter under submission without oral argument pursuant to CivLR 7.1.d.1. Signed by Magistrate Judge Allison H. Goddard on 5/19/2022.(hmw)
May 19, 2022 Opinion or Order Filing 130 NOTICE of Request for Order Setting Initial CMC by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Low, William) (ddf).
May 10, 2022 Opinion or Order Filing 129 NOTICE of Change of Address by Paul L. More (More, Paul) (ddf).
May 3, 2022 Opinion or Order Filing 128 REPLY to Response to Motion re #125 MOTION for Attorney Fees and Costs Pursuant to California Code of Civil Procedure Sec. 425.16 filed by Brigette Browning, Does 1-10, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Attachments: #1 Response to Plaintiffs' Objection to Evidence Submitted in Support of Defendants' Motion for Attorneys' Fees and Costs, #2 Declaration of Paul L. More, #3 Declaration of Steven T. Coopersmith, #4 Declaration of Stacey M. Leyton, #5 Proof of Service)(More, Paul) (ddf).
April 26, 2022 Opinion or Order Filing 127 RESPONSE in Opposition re #125 MOTION for Attorney Fees and Costs Pursuant to California Code of Civil Procedure Sec. 425.16 filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Attachments: #1 Objections to Evidence, #2 Declaration of William M. Low)(Low, William) (ddf).
April 5, 2022 Opinion or Order Filing 126 Joint MOTION for Order on Briefing of Motion to Dismiss by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (More, Paul) (ddf).
April 5, 2022 Opinion or Order Filing 125 MOTION for Attorney Fees and Costs Pursuant to California Code of Civil Procedure Sec. 425.16 by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Paul L. More, #3 Declaration of Steven T. Coopersmith, #4 Declaration of Stacey M. Leyton)(More, Paul) *Motion under submission, no appearances are required unless ordered by the Court(ddf).
April 1, 2022 Opinion or Order Filing 124 NOTICE of Appearance by Luke Noah Dowling on behalf of Brigette Browning, Unite Here! Local 30 (Dowling, Luke)Attorney Luke Noah Dowling added to party Brigette Browning(pty:dft), Attorney Luke Noah Dowling added to party Unite Here! Local 30(pty:dft) (ddf).
March 29, 2022 Opinion or Order Filing 123 RESPONSE in Support re #118 MOTION for Leave to File Fourth Amended Complaint filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Low, William) (ddf).
March 28, 2022 Opinion or Order Filing 122 OBJECTION by Brigette Browning, Does 1-10, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30 re #121 Reply to Response to Motion, 121-2 Exhibit A to Declaration of William Low - Dr. Sanghvi's Declaration. (Leyton, Stacey) (ddf).
March 25, 2022 Opinion or Order Filing 121 REPLY to Response to Motion re #118 MOTION for Leave to File Fourth Amended Complaint filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Attachments: #1 Declaration Supplemental Declaration of William Low ISO Motion for Leave to File FAC, #2 Exhibit A to Declaration of William Low - Dr. Sanghvi's Declaration, #3 Exhibit B to Declaration of William Low - Dr. Sanghvi's CV)(Low, William) (axc).
March 22, 2022 Opinion or Order Filing 120 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Conference held on 3/22/2022. The case did not settle. (Plaintiff Attorneys Lawrence David Levien, William M. Low, Daniel J. Mogin, and James Crowley). (Defendant Attorneys Paul L. More, Stacey Monica Leyton, and Steven Todd Coopersmith). (no document attached) (hmw)
March 18, 2022 Opinion or Order Filing 119 RESPONSE in Opposition re #118 MOTION for Leave to File Fourth Amended Complaint filed by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Leyton, Stacey) (ddf).
February 25, 2022 Opinion or Order Filing 118 MOTION for Leave to File Fourth Amended Complaint by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Attachments: #1 Memo of Points and Authorities In Support of Motion for Leave to File Fourth Amended Complaint, #2 Declaration of William M. Low, #3 Exhibit A, #4 Exhibit B)(Low, William) *Motion under submission, no appearances are required unless ordered by the Court. (ddf).
February 17, 2022 Opinion or Order Filing 117 NOTICE AND ORDER for Early Neutral Evaluation Conference ("ENE"). ENE videoconference set for 3/22/2022 at 2:00 PM before Magistrate Judge Allison H. Goddard. Please see order for details regarding confidential emailed ENE Statements and Participant Information. Signed by Magistrate Judge Allison H. Goddard on 2/17/2022.(All non-registered users served via U.S. Mail Service)(hmw)
February 15, 2022 Opinion or Order Filing 116 ORDER Granting-In-Part Joint Motion For Extension Of Time To File Responsive Pleading [ECF No. #115 ]. Signed by Judge Linda Lopez on 2/15/2022. (All non-registered users served via U.S. Mail Service)(ddf)
February 14, 2022 Opinion or Order Filing 115 Joint MOTION for Extension of Time to File Response/Reply as to #114 Amended Complaint by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Low, William) (ddf).
February 7, 2022 Opinion or Order Filing 114 AMENDED COMPLAINT with Jury Demand against All Plaintiffs, filed by Evans Hotels, LLC, BH Partnership LP, EHSW, LLC. (Low, William) (ddf).
January 28, 2022 Opinion or Order Filing 113 ORDER Denying Defendants: (1) Motion For Reconsideration And (2) Request For Oral Argument [ECF Nos. #100 , #111 , #112 ]. Signed by Judge Linda Lopez on 1/28/2022. (ddf)
January 12, 2022 Opinion or Order Filing 112 RESPONSE re #111 Notice (Other), to Defendants' Request for Oral Argument filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Low, William) (ddf).
January 7, 2022 Opinion or Order Filing 111 NOTICE OF DEFENDANTS REQUEST FOR ORAL ARGUMENT ON PENDING MOTION FOR RECONSIDERATION OF MOTION GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30 re #110 Order, Terminate Motion and R&R Deadlines/Hearings (More, Paul)(ddf).
January 5, 2022 Opinion or Order Filing 110 ORDER Vacating Hearing On Defendant's Motion For Reconsideration. Signed by Judge Linda Lopez on 1/5/2022.(All non-registered users served via U.S. Mail Service)(ddf)
January 4, 2022 Opinion or Order Filing 109 ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Todd W. Robinson (TWR) to the calendar of the Honorable Linda Lopez (LL). All pending dates - whether before Judge Robinson or any magistrate judge - remain unchanged. The new case number is 18cv2763 LL (AHG). Signed by Judge Todd W. Robinson on 01/04/2022.(jcj)
December 29, 2021 Opinion or Order Filing 108 REPLY to Response to Motion re #100 MOTION for Reconsideration re #93 Order on Motion to Dismiss,,,, Order on Motion to Strike,,,, Order on Motion to Dismiss for Failure to State a Claim,,, filed by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Attachments: #1 Affidavit of Paul L. More in Support of Motion for Reconsideration)(More, Paul) (fth).
December 15, 2021 Opinion or Order Filing 107 RESPONSE in Opposition re #100 MOTION for Reconsideration re #93 Order on Motion to Dismiss,,,, Order on Motion to Strike,,,, Order on Motion to Dismiss for Failure to State a Claim,,, filed by EHSW, LLC, Evans Hotels, LLC. (Low, William) (fth).
November 16, 2021 Opinion or Order Filing 106 ORDER Granting #105 Joint Motion for Order Extending Court's 3/29/2019 Order Re Preservation Subpoenas (ECF No. 28). Signed by Magistrate Judge Allison H. Goddard on 11/16/2021. (hmw)
November 16, 2021 Opinion or Order Filing 105 Joint MOTION For Order Extending Order re Preservation Subpoenas re #28 Order on Motion for Extension of Time to File by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Low, William) (fth).
October 15, 2021 Opinion or Order Filing 104 NOTICE of Withdrawal by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Leader, Susan) (fth).
October 11, 2021 Opinion or Order Filing 103 NOTICE of Appearance of Timothy Z. LaComb by Timothy Z. LaComb on behalf of BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (LaComb, Timothy)Attorney Timothy Z. LaComb added to party BH Partnership LP(pty:pla), Attorney Timothy Z. LaComb added to party EHSW, LLC(pty:pla), Attorney Timothy Z. LaComb added to party Evans Hotels, LLC(pty:pla)(sxa).
October 11, 2021 Opinion or Order Filing 102 NOTICE of Appearance of Jennifer M. Oliver by Jennifer Marie Oliver on behalf of BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Oliver, Jennifer)Attorney Jennifer Marie Oliver added to party BH Partnership LP(pty:pla), Attorney Jennifer Marie Oliver added to party EHSW, LLC(pty:pla), Attorney Jennifer Marie Oliver added to party Evans Hotels, LLC(pty:pla)(sxa).
October 11, 2021 Opinion or Order Filing 101 NOTICE of Appearance of Daniel J. Mogin by Daniel J Mogin on behalf of BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Mogin, Daniel)Attorney Daniel J Mogin added to party BH Partnership LP(pty:pla), Attorney Daniel J Mogin added to party EHSW, LLC(pty:pla), Attorney Daniel J Mogin added to party Evans Hotels, LLC(pty:pla) (sxa).
September 23, 2021 Opinion or Order Filing 100 MOTION for Reconsideration re #93 Order on Motion to Dismiss,,,, Order on Motion to Strike,,,, Order on Motion to Dismiss for Failure to State a Claim,,, by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Attachments: #1 Memo of Points and Authorities Defendants' Memorandum of Points and Authorities in Support of Motion for Reconsideration of Order Granting in Part, Denying in Part, Motions to Dismiss)(More, Paul)(sxa).
September 22, 2021 Opinion or Order Filing 99 NOTICE of Appearance of Counsel Geoffrey M. Thorne by Geoffrey M. Thorne on behalf of BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Thorne, Geoffrey)Attorney Geoffrey M. Thorne added to party BH Partnership LP(pty:pla), Attorney Geoffrey M. Thorne added to party EHSW, LLC(pty:pla), Attorney Geoffrey M. Thorne added to party Evans Hotels, LLC(pty:pla)(sxa).
September 22, 2021 Opinion or Order Filing 98 NOTICE of Appearance of Counsel Jacob T. Spaid by Jacob Timothy Spaid on behalf of BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Spaid, Jacob)Attorney Jacob Timothy Spaid added to party BH Partnership LP(pty:pla), Attorney Jacob Timothy Spaid added to party EHSW, LLC(pty:pla), Attorney Jacob Timothy Spaid added to party Evans Hotels, LLC(pty:pla)(sxa).
September 22, 2021 Opinion or Order Filing 97 NOTICE of Appearance of Counsel Edwin M. Boniske by Edwin Mendelson Boniske on behalf of BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Boniske, Edwin)Attorney Edwin Mendelson Boniske added to party BH Partnership LP(pty:pla), Attorney Edwin Mendelson Boniske added to party EHSW, LLC(pty:pla), Attorney Edwin Mendelson Boniske added to party Evans Hotels, LLC(pty:pla)(sxa).
September 22, 2021 Opinion or Order Filing 96 NOTICE of Appearance by William M Low on behalf of BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Low, William)Attorney William M Low added to party BH Partnership LP(pty:pla), Attorney William M Low added to party EHSW, LLC(pty:pla), Attorney William M Low added to party Evans Hotels, LLC(pty:pla)(sxa).
September 8, 2021 Opinion or Order Filing 95 ORDER Granting #94 Consent Motion for Extension of Time to File Third Amended Complaint. Signed by Judge Todd W. Robinson on 9/8/21. (All non-registered users served via U.S. Mail Service)(sxa)
September 3, 2021 Opinion or Order Filing 94 MOTION for Extension of Time to Amend Complaint (to File Third Amended Complaint) by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan)
August 26, 2021 Opinion or Order Filing 93 Order (1) Granting in Part The Local 30 Defendants Motion to Dismiss Based On The Noerr-Pennington Doctrine, (2) Granting In Part The Trades Council Defendants Motion To Dismiss For Failure To State A Claim, And (3) Denying As Moot The Trades Council Defendants Anti-Slapp Motion(ECF Nos. #79 , #80 , #81 . The Court (1) GRANTS IN PART the Local 30 Motion (ECF No. 79), (2) GRANTS IN PART the Trades Council Motion (ECF No. 81), and (3) DENIES AS MOOT the Anti-SLAPP Motion and DENIES WITHOUT PREJUDICE Defendants request for attorneys fees (ECF No. 80). The Court DISMISSES WITHOUT PREJUDICE all claims in Plaintiffs Second Amended Complaint (ECF No. 76) except Plaintiffs first cause of action for secondary boycott. Plaintiffs MAY FILE an amended complaint addressing the above-identified deficiencies within fourteen (14) days of the electronic docketing of this Order. Signed by Judge Todd W. Robinson on 8/26/2021. (zda)
May 12, 2021 Opinion or Order Filing 92 NOTICE of Withdrawal of Counsel for Rex S. Heinke, Jessica M. Weisel, and Rebecca A. Girolamo by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Leader, Susan) (mme).
May 12, 2021 Opinion or Order Filing 91 RESPONSE re #90 Notice (Other) of Supplemental Authority filed by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Leyton, Stacey) (mme).
May 10, 2021 Opinion or Order Filing 90 NOTICE of Supplemental Authority by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Attachments: #1 Exhibit A to Notice of Supplemental Authority)(Leader, Susan)(sxa).
September 24, 2020 Opinion or Order Filing 89 NOTICE of Withdrawal of Counsel by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO (Johnson, Meredith) (sxa).
September 23, 2020 Opinion or Order Filing 88 ORDER OF TRANSFER. Judge William Q. Hayes is no longer assigned. Case reassigned to Judge Todd W. Robinson for all further proceedings. The new case number is 18cv2763-TWR-AHG. Signed by Judge William Q. Hayes on 9/23/2020.(ag)
June 30, 2020 Opinion or Order Filing 87 REPLY to Response to Motion re #81 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Second Amended Complaint filed by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Leyton, Stacey) (tcf).
June 30, 2020 Opinion or Order Filing 86 REPLY to Response to Motion re #79 MOTION to Dismiss Second Amended Complaint filed by Brigette Browning, Unite Here! Local 30. (More, Paul) (tcf).
June 30, 2020 Opinion or Order Filing 85 REPLY to Response to Motion re #80 Joint MOTION to Strike #76 Amended Complaint,,, filed by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (More, Paul) (tcf).
June 16, 2020 Opinion or Order Filing 84 RESPONSE in Opposition re #81 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Opposition to Defendants Tom Lemmon and San Diego County Building and Construction Trades Council, AFL-CIO's Motion to Dismiss Plaintiffs' Second Amended Complaint filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan) (ag).
June 16, 2020 Opinion or Order Filing 83 RESPONSE in Opposition re #80 Joint MOTION to Strike #76 Amended Complaint,,, Plaintiffs' Opposition to Defendants' Special Motion to Strike filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan) (ag).
June 16, 2020 Opinion or Order Filing 82 RESPONSE in Opposition re #79 MOTION to Dismiss Plaintiff's Opposition to Unite Here Local 30 and Brigette Browning's Motion to Dismiss Second Amended Complaint filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan) (ag).
May 19, 2020 Opinion or Order Filing 81 MOTION to Dismiss for Failure to State a Claim by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss Plaintiffs' Second Amended Complaint)(Leyton, Stacey) (ag).
May 19, 2020 Opinion or Order Filing 80 Joint MOTION to Strike #76 Amended Complaint,,, by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Attachments: #1 Memo of Points and Authorities in Support of Special Motion to Strike)(More, Paul) (ag).
May 19, 2020 Opinion or Order Filing 79 MOTION to Dismiss by Brigette Browning, Unite Here! Local 30. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss Second Amended Complaint, #2 Request for Judicial Notice in Support of Motion to Dismiss Second Amended Complaint)(More, Paul) (ag).
May 1, 2020 Opinion or Order Filing 78 MINUTE ENTRY: The parties' Joint Motion to Extend Briefing Schedule on Motions to Dismiss and Anti-SLAPP Motions (ECF No. #77 ) is granted. Defendants' responsive pleadings are due May 19, 2020. Plaintiffs' oppositions are due June 16, 2020. Defendants' replies are due June 30, 2020. There will be no oral argument unless requested by the Court. (no document attached) (ag)
April 30, 2020 Opinion or Order Filing 77 Joint MOTION for Extension of Time to File Joint Motion to Extend Briefing Schedule on Motions to Dismiss and Anti-SLAPP Motions by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Leyton, Stacey) (ag).
April 21, 2020 Opinion or Order Filing 76 AMENDED COMPLAINT with Jury Demand Second Amended Complaint for (1) Unlawful Secondary Boycott; (2) Attempted Monopolization in Violation of Section 2 of The Sherman Act; (3) Conspiracy to Monopolize in Violation of Section 2 of The Sherman Act; (4) Violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1962(c); (5) Violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1962(d), by Conspiring to Violate 18 U.S.C. 1962(c); (6) Interference with Prospective Economic Advantages; (7) Attempted Extortion; and (8) Unfair Competition (Cal. Bus. & Prof. Code 17200, et seq.) against Brigette Browning, DOES 1-10, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30, filed by Evans Hotels, LLC, BH Partnership LP, EHSW, LLC. (Leader, Susan) (ag).
April 20, 2020 Opinion or Order Filing 75 ORDER: Plaintiffs' Motion for Leave to File Second Amended Complaint (ECF No. #62 ) is granted. Plaintiffs shall file the proposed SAC attached to the Motion for Leave to Amend (ECF No. 62-2) within five (5) days of the date of this Order. Plaintiffs' Motion for Reconsideration of Order Granting Defendants' Motions to Dismiss Amended Complaint (ECF No. #61 ) is denied as moot. Signed by Judge William Q. Hayes on 4/20/2020. (ag)
March 23, 2020 Opinion or Order Filing 74 REPLY to Building Trades' Opposition to Evans Hotels' #62 MOTION for Leave to File Second Amended Complaint filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan) (ag).
March 23, 2020 Opinion or Order Filing 73 REPLY in Opposition to Evans Hotels' #62 MOTION for Leave to File Second Amended Complaint filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan) (ag).
March 23, 2020 Opinion or Order Filing 72 REPLY in Support of Plaintiffs' #61 Motion for Reconsideration of Order Granting Defendants' Motions to Dismiss Amended Complaint filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan) (ag).
March 9, 2020 Opinion or Order Filing 71 RESPONSE in Opposition re #62 MOTION for Leave to File Second Amended Complaint filed by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Leyton, Stacey) (ag).
March 9, 2020 Opinion or Order Filing 70 RESPONSE in Opposition re #62 MOTION for Leave to File Second Amended Complaint filed by Brigette Browning, Unite Here! Local 30. (Attachments: #1 Request for Judicial Notice in Opposition to Motion for Leave to Amend)(More, Paul) (ag).
March 9, 2020 Opinion or Order Filing 69 Joint RESPONSE in Opposition re #61 MOTION for Reconsideration filed by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (More, Paul) (ag).
February 18, 2020 Opinion or Order Filing 68 MINUTE ENTRY: Defendants' Ex Parte Motion for Extended Briefing Schedule (ECF No. #64 ) is denied. Defendants shall file any oppositions to Plaintiffs' Motion for Reconsideration (ECF No. #61 ) and Motion for Leave to Amend (ECF No. #62 ) by March 9, 2020. Plaintiffs shall file any replies by March 23, 2020. (no document attached) (ag)
February 14, 2020 Opinion or Order Filing 67 REPLY to Response to Motion re #64 Ex Parte MOTION for Extension of Time to File Response/Reply as to #62 MOTION for Leave to File Second Amended Complaint filed by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Leyton, Stacey) (ag).
February 14, 2020 Opinion or Order Filing 66 RESPONSE in Opposition re #64 Ex Parte MOTION for Extension of Time to File Response/Reply as to #62 MOTION for Leave to File Second Amended Complaint PLAINTIFFS' OPPOSITION TO DEFENDANTS EX PARTE MOTION FOR EXTENDED BRIEFING SCHEDULE filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan) (ag).
February 13, 2020 Opinion or Order Filing 65 NOTICE of Intent to File Opposition to Defendants' Ex Parte Motion for Extended Briefing Schedule by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC re #64 Ex Parte MOTION for Extension of Time to File Response/Reply as to #62 MOTION for Leave to File Second Amended Complaint (Leader, Susan) (jpp).
February 13, 2020 Opinion or Order Filing 64 Ex Parte MOTION for Extension of Time to File Response/Reply as to #62 MOTION for Leave to File Second Amended Complaint by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Attachments: #1 Declaration of Stacey M. Leyton in Support of Ex Parte Joint Motion for Extended Briefing Schedule)(Leyton, Stacey) (jpp).
February 7, 2020 Opinion or Order Filing 63 NOTICE OF ERRATA Re Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Leave to File Second Amended Complaint by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC re #62 MOTION for Leave to File Second Amended Complaint (Attachments: #1 [CORRECTED] Memorandum of Points and Authorities)(Leader, Susan) (ag).
February 6, 2020 Opinion or Order Filing 62 MOTION for Leave to File Second Amended Complaint by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Attachments: #1 Memo of Points and Authorities, #2 Second Amended Complaint, #3 Redline Comparison)(Leader, Susan) (ag).
February 4, 2020 Opinion or Order Filing 61 MOTION for Reconsideration of Order Granting Defendants' Motion to Dismiss Amended Complaint by EHSW, LLC, Evans Hotels, LLC re #60 Order (Attachments: #1 Memo of Points and Authorities (Leader, Susan) (ag).
January 7, 2020 Opinion or Order Filing 60 ORDER: Defendants' Motion to Dismiss (ECF No. #29 ) is granted. Plaintiffs' Amended Complaint is dismissed without prejudice. Defendants' Motion to Dismiss (ECF No. #31 ) and Motions to Strike (ECF Nos. #30 , #32 ) are denied as moot. No later than thirty days from the date this Order is filed, Plaintiffs may request leave to amend pursuant to Local Civil Rules 7.1 and 15.1(c). If no motion is filed, the Clerk of Court shall close the case. Signed by Judge William Q. Hayes on 1/7/2020. (ag)
November 1, 2019 Opinion or Order Filing 59 RESPONSE re #58 Supplemental Document, Defendants Response to Plaintiffs Notice of Supplemental Authority filed by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (More, Paul) (ag).
October 29, 2019 Opinion or Order Filing 58 SUPPLEMENTAL DOCUMENT by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC re #35 Response in Opposition to Motion, #38 Response in Opposition to Motion, Supplemental Authority ISO Plaintiffs' Opposition to Defendants' Motions to Dismiss. (Attachments: #1 Exhibit A, #2 Proof of Service)(Leader, Susan) (mme).
October 3, 2019 Opinion or Order Filing 57 NOTICE of Withdrawal of Counsel re Stephanie Priel by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Leader, Susan) (ag).
October 2, 2019 Opinion or Order Filing 56 Minute Entry for proceedings held before Judge William Q. Hayes: Motion Hearing held on 10/2/2019 re #32 MOTION to Strike Plaintiff's Eighth and Ninth Causes of Action in Amended Complaint, #31 MOTION to Dismiss Amended Complaint, #30 MOTION to Strike, #29 MOTION to Dismiss Amended Complaint. Court to issue written Order.(Court Reporter/ECR Melinda Setterman). (Plaintiff Attorney Susan Leader, Lawrence Levien, Rex Heinke). (Defendant Attorney Stacey Leyton, Paul More, Meredith Johnson). (no document attached) (kas)
September 27, 2019 Opinion or Order Filing 55 Minute Entry: TIME CHANGE ONLY. The time of the oral argument on October 2, 2019, originally scheduled for 11:00 a.m., is now scheduled for 10:00 a.m. (no document attached) (tcf) (jao).
September 20, 2019 Opinion or Order Filing 54 TRANSFER ORDER. This case is transferred from the calendar of the Honorable Karen S. Crawford to the calendar of the Honorable Allison H. Goddard for further proceedings. All conferences or hearing dates previously set before Judge Crawford will remain as scheduled and will be held before Judge Goddard. All dates set before any district judge remain unchanged. The new case number is 18cv2763-WQH-AHG. Signed by Magistrate Judge Karen S. Crawford on 9/20/2019. (jdt)
September 3, 2019 Opinion or Order Filing 53 SUPPLEMENTAL DOCUMENT by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC re #35 Response in Opposition to Motion, #38 Response in Opposition to Motion, Supplemental Authority ISO Plaintiffs' Opposition to Defendants' Motions to Dismiss. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Leader, Susan) (tcf).
July 30, 2019 Opinion or Order Filing 52 MINUTE ORDER: The Court will hear oral argument on the Parties' motions to dismiss (ECF Nos. #29 , #31 ) and motions to strike (ECF Nos. #30 , #32 ) on 10/2/ 2019 at 11:00 AM in Courtroom 14B before Judge William Q. Hayes.(no document attached) (ajs)
July 22, 2019 Opinion or Order Filing 51 Joint NOTICE of Availability for Hearing by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO re 50 Order on Motion to Continue, (Leyton, Stacey) (ag).
July 18, 2019 Opinion or Order Filing 50 MINUTE ORDER: The Motion to Reschedule Oral Argument (ECF No. #47 ) is granted in part and denied in part. The oral argument scheduled for 8/1/2019 is VACATED. By 7/24/19, the parties shall indicate their availability for oral argument on 10/1/2019, 10/2/2019 and 10/8/2019. (no document attached) (ajs)
July 16, 2019 Opinion or Order Filing 49 NOTICE of Availability for Hearing by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO re 48 Terminate Deadlines and Hearings, (Leyton, Stacey) (tcf).
July 11, 2019 Opinion or Order Filing 48 MINUTE ENTRY: By 7/17/2019, the Parties shall provide the Court with dates in September 2019 acceptable to all parties for oral argument on the motions to dismiss (ECF Nos. #29 , #31 ) and motions to strike (ECF Nos. #30 , #32 ).(no document attached) (ag)
July 10, 2019 Opinion or Order Filing 47 MOTION to Continue to Reschedule Oral Argument by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Leyton, Stacey) (ag).
June 17, 2019 Opinion or Order Filing 46 NOTICE of Appearance of Counsel by Rex S Heinke on behalf of BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Heinke, Rex)Attorney Rex S Heinke added to party BH Partnership LP(pty:pla), Attorney Rex S Heinke added to party EHSW, LLC(pty:pla), Attorney Rex S Heinke added to party Evans Hotels, LLC(pty:pla) (jrm).
June 11, 2019 Opinion or Order Filing 45 MINUTE ENTRY: The Court will hear oral argument on the Parties' motions to dismiss (ECF Nos. #29 , #31 ) and motions to strike (ECF Nos. #30 , #32 ) on 8/1/2019 at 9:00 AM in Courtroom 14B before Judge William Q. Hayes. (no document attached) (ag)
June 7, 2019 Opinion or Order Filing 44 REPLY to Response to Motion re #32 MOTION to Strike Plaintiff's Eighth and Ninth Causes of Action in Amended Complaint filed by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Leyton, Stacey) (ag).
June 7, 2019 Opinion or Order Filing 43 REPLY to Response to Motion re #31 MOTION to Dismiss Amended Complaint filed by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Leyton, Stacey) (ag).
June 7, 2019 Opinion or Order Filing 42 REPLY to Response to Motion re #29 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss Amended Complaint filed by Brigette Browning, Unite Here! Local 30. (More, Paul) (ag).
June 7, 2019 Opinion or Order Filing 41 REPLY to Response to Motion re #29 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss Amended Complaint filed by Brigette Browning, Unite Here! Local 30. (More, Paul)(ag).
June 7, 2019 Opinion or Order Filing 40 REPLY to Response to Motion re #30 MOTION to Strike filed by Brigette Browning, Unite Here! Local 30. (More, Paul) (ag).
May 22, 2019 Opinion or Order Filing 39 ORDER Approving the Pro Hac Vice Application of Lawrence D. Levien, re #34 Request to Appear Pro Hac Vice. Signed by Judge William Q. Hayes on 5/22/2019. (mdc)
May 17, 2019 Opinion or Order Filing 38 RESPONSE in Opposition re #31 MOTION to Dismiss Amended Complaint Plaintiffs' Opposition to Tom Lemmon and San Diego County Building and Construction Trades Council, AFI-CIO'S Motion to Dismiss Amended Complaint filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan) (ag).
May 17, 2019 Opinion or Order Filing 37 RESPONSE in Opposition re #32 MOTION to Strike Plaintiff's Eighth and Ninth Causes of Action in Amended Complaint, #30 MOTION to Strike Plaintiffs' Opposition to Defendants' Special Motions to Strike filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan) (ag).
May 17, 2019 Opinion or Order Filing 36 RESPONSE re #29 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss Amended Complaint Plaintiffs' Objections to Defendants' Request for Judicial Notice In Support of Defendant's Motion to Dismiss Plaintiff's Amended Complaint filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan) (ag).
May 17, 2019 Opinion or Order Filing 35 RESPONSE in Opposition re #29 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss Amended Complaint Plaintiffs' Opposition to Unite Here Local 30 and Brigette Browning's Motion to Dismiss Amended Complaint filed by BH Partnership LP, EHSW, LLC, Evans Hotels, LLC. (Leader, Susan) (ag).
May 17, 2019 Opinion or Order Filing 34 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12281098 - See #21 .) (Application to be reviewed by Clerk.) (Levien, Lawrence) Modified text on 5/17/2019 to include filing fee info. (mdc)
May 16, 2019 Opinion or Order Filing 33 NOTICE of Appearance by Rebecca A Girolamo on behalf of BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Girolamo, Rebecca)Attorney Rebecca A Girolamo added to party BH Partnership LP(pty:pla), Attorney Rebecca A Girolamo added to party EHSW, LLC(pty:pla), Attorney Rebecca A Girolamo added to party Evans Hotels, LLC(pty:pla) (ag).
April 15, 2019 Opinion or Order Filing 32 MOTION to Strike Plaintiff's Eighth and Ninth Causes of Action in Amended Complaint by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Attachments: #1 Memo of Points and Authorities)(Leyton, Stacey) (ag).
April 15, 2019 Opinion or Order Filing 31 MOTION to Dismiss Amended Complaint by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Attachments: #1 Memo of Points and Authorities)(Leyton, Stacey) (ag).
April 15, 2019 Opinion or Order Filing 30 MOTION to Strike by Brigette Browning, Unite Here! Local 30. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice in Support of Special Motion to Strike and Exhibit 1)(More, Paul) (ag).
April 15, 2019 Opinion or Order Filing 29 MOTION to Dismiss Amended Complaint by Brigette Browning, Unite Here! Local 30. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice in Support of Motion to Dismiss Amended Complaint with Exhibits 1-15 (Part 1 of 5), #3 Exhibit to Request for Judicial Notice (Part 2 of 5), #4 Exhibit to Request for Judicial Notice (Part 3 of 5), #5 Exhibit to Request for Judicial Notice (Part 4 of 5), #6 Exhibit to Request for Judicial Notice (Part 5 of 5))(More, Paul) (ag).
March 29, 2019 Opinion or Order Filing 28 ORDER Granting #27 Joint Motion by All Parties for Extended Briefing and Hearing Schedule and Allowing Service of Document Preservation Subpoenas. Signed by Judge William Q. Hayes on 3/29/2019. (acc)
March 28, 2019 Opinion or Order Filing 27 Joint MOTION for Extension of Time to File Briefing and Hearing Schedule and Allowing Service of Document Preservation Subpoenas by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Leyton, Stacey) (ag).
March 18, 2019 Opinion or Order Filing 26 MINUTE ORDER OF RECUSAL: Judge Marilyn L. Huff hereby recuses from this case and directs the Clerk to randomly reassign this matter to another district judge. This case is randomly reassign to Judge William Q. Hayes for all further proceedings. Judge Marilyn L. Huff is no longer assigned to this matter. The new case number is 18-cv-2763-WQH-KSC. SO ORDERED by Judge Marilyn L. Huff on 3/18/2019. (no document attached) (smy)
March 14, 2019 Opinion or Order Filing 25 NOTICE of Appearance by Steven Todd Coopersmith on behalf of Tom Lemmon (Coopersmith, Steven). Attorney Steven Todd Coopersmith added to party Tom Lemmon (pty:dft). (jah).
March 14, 2019 Opinion or Order Filing 24 ORDER denying without prejudice Defendants' #15 Motion to Dismiss and #16 Motion to Dismiss for Failure to State a Claim. Finding as moot #17 Motion to Strike and #18 Motion to Strike. Court vacates the hearing scheduled for 3/15/2019 10:30 AM. Court orders that Defendants may file a responsive pleading to #19 First Amended Complaint within 30 days of this Order. Signed by Judge Marilyn L. Huff on 3/14/2019. (jah)
March 8, 2019 Opinion or Order Filing 23 STATEMENT re Mootness of Pending Special Motion re #16 MOTION to Dismiss for Failure to State a Claim , #15 MOTION to Dismiss , #17 MOTION to Strike, #18 MOTION to Strike filed by Evans Hotels, LLC. (Leader, Susan). Modified on 3/11/2019 - Wrong event. QC Email sent. Corrected text to match pleading (jah).
March 8, 2019 Opinion or Order Filing 22 NOTICE of Appearance by Jessica Michael Weisel on behalf of BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Weisel, Jessica). Attorney Jessica Michael Weisel added to party BH Partnership LP(pty:pla), Attorney Jessica Michael Weisel added to party EHSW, LLC(pty:pla), Attorney Jessica Michael Weisel added to party Evans Hotels, LLC (pty:pla). (jah).
March 8, 2019 Opinion or Order Filing 21 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12281098.) (Application to be reviewed by Clerk.) (Levien, Lawrence) 3/8/2019 - Sent QC e-mail to refile re missing signature. (mdc)
March 8, 2019 Opinion or Order Filing 20 NOTICE of Appearance by Stephanie Peri Priel on behalf of BH Partnership LP, EHSW, LLC, Evans Hotels, LLC (Priel, Stephanie). Attorney Stephanie Peri Priel added to party BH Partnership LP(pty:pla), Attorney Stephanie Peri Priel added to party EHSW, LLC(pty:pla), Attorney Stephanie Peri Priel added to party Evans Hotels, LLC (pty:pla). (jah).
March 7, 2019 Opinion or Order Filing 19 FIRST AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Evans Hotels, LLC, EHSW, LLC. (Leader, Susan). Modified on 3/8/2019 - Added "First" to text (jah).
February 20, 2019 Opinion or Order Filing 18 MOTION to Strike by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Attachments: #1 Memo of Points and Authorities in Support of Special Motion to Strike)(Leyton, Stacey) (jdt).
February 20, 2019 Opinion or Order Filing 17 MOTION to Strike by Brigette Browning, Unite Here! Local 30. (Attachments: #1 Memo of Points and Authorities in Support of Special Motion to Strike, #2 Request for Judicial Notice in Support of Special Motion to Strike and Exhibit 1)(Barber, David). (jdt).
February 15, 2019 Opinion or Order Filing 16 MOTION to Dismiss for Failure to State a Claim by Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO. (Attachments: #1 Memo of Points and Authorities In Support of Motion to Dismiss)(Leyton, Stacey) (jdt).
February 15, 2019 Opinion or Order Filing 15 MOTION to Dismiss by Brigette Browning, Unite Here! Local 30. (Attachments: #1 Memo of Points and Authorities of UNITE HERE Local 30 and Brigette Browning in Support of Motion to Dismiss, #2 Request for Judicial Notice in Support of Defendants' Motions to Dismiss, #3 Exhibit to Request for Judicial Notice (Part 1 of 5), #4 Exhibit to Request for Judicial Notice (Part 2 of 5), #5 Exhibit to Request for Judicial Notice (Part 3 of 5), #6 Exhibit to Request for Judicial Notice (Part 4 of 5), #7 Exhibit to Request for Judicial Notice (Part 5 of 5))(More, Paul) (jdt).
February 15, 2019 Opinion or Order Filing 14 NOTICE of Appearance of Paul L. More by Paul L. More on behalf of Brigette Browning, Unite Here! Local 30 (More, Paul)Attorney Paul L. More added to party Brigette Browning(pty:dft), Attorney Paul L. More added to party Unite Here! Local 30(pty:dft) (jdt).
February 15, 2019 Opinion or Order Filing 13 NOTICE of Appearance of David L. Barber by David L. Barber on behalf of Brigette Browning, Unite Here! Local 30 (Barber, David)Attorney David L. Barber added to party Brigette Browning(pty:dft), Attorney David L. Barber added to party Unite Here! Local 30(pty:dft) (jdt).
February 14, 2019 Opinion or Order Filing 12 NOTICE of Appearance by Stephen P. Berzon on behalf of Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO (Attachments: #1 Proof of Service)(Berzon, Stephen). Attorney Stephen P. Berzon added to party Tom Lemmon(pty:dft), Attorney Stephen P. Berzon added to party San Diego County Building and Construction Trades Council, AFL-CIO (pty:dft). Modified on 2/15/2019 - Removed extra added text (jah).
February 14, 2019 Opinion or Order Filing 11 NOTICE of Appearance by Meredith A. Johnson on behalf of Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO (Attachments: #1 Proof of Service)(Johnson, Meredith). Attorney Meredith A. Johnson added to party Tom Lemmon(pty:dft), Attorney Meredith A. Johnson added to party San Diego County Building and Construction Trades Council, AFL-CIO (pty:dft). Modified on 2/15/2019 - Removed extra added text (jah).
December 27, 2018 Opinion or Order Filing 10 SUMMONS Returned Executed by Evans Hotels, LLC. Unite Here! Local 30 served. (Attachments: #1 Proof of Service by Mail, #2 Affidavit of Reasonable Diligence, #3 Affidavit of Reasonable Diligence, #4 Affidavit of Reasonable Diligence, #5 Affidavit of Reasonable Diligence)(Leader, Susan). (jah).
December 27, 2018 Opinion or Order Filing 9 SUMMONS Returned Executed by Evans Hotels, LLC. San Diego County Building and Construction Trades Council, AFL-CIO served. (Leader, Susan). (jah).
December 27, 2018 Opinion or Order Filing 8 ORDER granting #5 Unopposed Motion for Extension of Time to Answer re #1 Complaint. Defendants Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, and Unite Here! Local 30 must file answer to Plaintiffs' Complaint by 2/15/2019. Signed by Judge Marilyn L. Huff on 12/26/2018. (jah)
December 27, 2018 Opinion or Order Filing 7 SUMMONS Returned Executed by Evans Hotels, LLC. Tom Lemmon served. (Attachments: #1 Proof of Service by Mail)(Leader, Susan). (jah).
December 27, 2018 Opinion or Order Filing 6 SUMMONS Returned Executed by Evans Hotels, LLC. Brigette Browning served. (Attachments: #1 Proof of Service by Mail, #2 Affidavit of Reasonable Diligence)(Leader, Susan). (jah).
December 21, 2018 Opinion or Order Filing 5 Joint MOTION for Extension of Time to File Response/Reply by Brigette Browning, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30. (Attachments: #1 Declaration of Stacey M. Leyton)(Leyton, Stacey) QC mail sent re event, attorney not associated with party; modified on 12/26/2018 to correct event and associate counsel with defendants (rmc).
December 10, 2018 Opinion or Order Filing 4 AMENDED Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mme) (jao).
December 10, 2018 Opinion or Order Filing 3 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mme)
December 7, 2018 Opinion or Order Filing 2 NOTICE of Party With Financial Interest by BH Partnership LP, EHSW, LLC, Evans Hotel, LLC. Identifying Other Affiliate The William and Susan Evans Family Trust, Other Affiliate The Cherashore Family Trust, Other Affiliate The Gleason-Matys Family Trust for EHSW, LLC, Evans Hotel, LLC; Other Affiliate The William L. Evans separate property share of the William and Susan Evans Family Trust, Other Affiliate The Anne L. Evans Family Trust, Other Affiliate The Grace Evans Cherashore Trust for BH Partnership LP. (mme) (jao).
December 7, 2018 Opinion or Order Filing 1 COMPLAINT with Jury Demand against Brigette Browning, DOES 1-10, Tom Lemmon, San Diego County Building and Construction Trades Council, AFL-CIO, Unite Here! Local 30 ( Filing fee $ 400 receipt number 0974-11980602.), filed by Evans Hotel, LLC, BH Partnership LP, EHSW, LLC. (Attachments: #1 Civil Cover Sheet)The new case number is 3:18-cv-02763-H-KSC. Judge Marilyn L. Huff and Magistrate Judge Karen S. Crawford are assigned to the case. (Leader, Susan)(mme) (jao).

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Search for this case: Evans Hotel, LLC et al v. Unite Here! Local 30 et al
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Defendant: DOES 1-10
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Defendant: Brigette Browning
Represented By: David L. Barber
Represented By: Paul L. More
Represented By: Luke Noah Dowling
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Defendant: Unite Here! Local 30
Represented By: David L. Barber
Represented By: Paul L. More
Represented By: Luke Noah Dowling
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Defendant: San Diego County Building and Construction Trades Council, AFL-CIO
Represented By: Stephen P. Berzon
Represented By: Stacey Monica Leyton
Represented By: Meredith A. Johnson
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Defendant: Tom Lemmon
Represented By: Stephen P. Berzon
Represented By: Stacey Monica Leyton
Represented By: Steven Todd Coopersmith
Represented By: Meredith A. Johnson
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Plaintiff: EHSW, LLC
Represented By: Susan K. Leader
Represented By: Jessica Michael Weisel
Represented By: Susan Kay Leader
Represented By: Lawrence David Levien
Represented By: Rebecca A Girolamo
Represented By: Stephanie Peri Priel
Represented By: Rex S Heinke
Represented By: William M Low
Represented By: Edwin Mendelson Boniske
Represented By: Geoffrey M. Thorne
Represented By: Jacob Timothy Spaid
Represented By: Daniel J Mogin
Represented By: Jennifer Marie Oliver
Represented By: Timothy Z. LaComb
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Plaintiff: BH Partnership LP
Represented By: Susan K. Leader
Represented By: Jessica Michael Weisel
Represented By: Susan Kay Leader
Represented By: Lawrence David Levien
Represented By: Rebecca A Girolamo
Represented By: Stephanie Peri Priel
Represented By: Rex S Heinke
Represented By: William M Low
Represented By: Edwin Mendelson Boniske
Represented By: Geoffrey M. Thorne
Represented By: Jacob Timothy Spaid
Represented By: Daniel J Mogin
Represented By: Jennifer Marie Oliver
Represented By: Timothy Z. LaComb
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Plaintiff: Evans Hotels, LLC
Represented By: Susan K. Leader
Represented By: Jessica Michael Weisel
Represented By: Susan Kay Leader
Represented By: Lawrence David Levien
Represented By: Rebecca A Girolamo
Represented By: Stephanie Peri Priel
Represented By: Rex S Heinke
Represented By: William M Low
Represented By: Edwin Mendelson Boniske
Represented By: Geoffrey M. Thorne
Represented By: Jacob Timothy Spaid
Represented By: Daniel J Mogin
Represented By: Jennifer Marie Oliver
Represented By: Timothy Z. LaComb
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