Marvin Donius et al v. County of San Diego et al
| Rincon Mushroom Corporation of America Inc. and Marvin Donius |
| Does 1-50 and County of San Diego |
| 3:2019cv01898 |
| October 1, 2019 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Jill L Burkhardt |
| William Q Hayes |
| Condemnation |
| Defendant |
Docket Report
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This docket was last retrieved on November 19, 2019. A more recent docket listing may be available from PACER.
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Filing 24
SCHEDULING ORDER Regulating Discovery and Other Pretrial Proceedings: A Case Management Conference was held on 11/18/2019. A Mandatory Settlement Conference is set for 6/3/2020 at 1:45 PM before Magistrate Judge Jill L. Burkhardt. The Proposed Pretrial Order is due by 10/2/2020. The Final Pretrial Conference is set for 10/9/2020 at 11:00 AM before Judge William Q. Hayes. Signed by Magistrate Judge Jill L. Burkhardt on 11/18/2019.(ag)
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| Filing 23 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic, counsel-only Case Management Conference held on 11/18/2019 re ECF No. 21. Scheduling Order to follow. (Plaintiff Attorney Manuel Corrales) (Defendant Attorney John P. Cooley) (no document attached) (mjg) |
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Filing 22
ORDER: Plaintiffs Motion to Remand (ECF No. #6 is denied. Signed by Judge William Q. Hayes on 11/15/2019. (ag)
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Filing 21
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Plaintiffs' unopposed Ex Parte Motion to Reschedule the Early Neutral Evaluation and Case Management Conferences (ECF No. #20 ) is hereby GRANTED in part and DENIED in part. The Case Management Conference ("CMC") is hereby CONVERTED to a telephonic, counsel-only CMC and RESET for 11/18/2019, at 12:30 PM before Judge Burkhardt. For purposes of the CMC, counsel for the parties shall place a joint call to Judge Burkhardt's chambers at (619) 557-6624 with all participating counsel already on the line. Additionally, the in-person Early Neutral Evaluation Conference ("ENE") previously set for 11/18/2019 (ECF No. 19) is hereby RESET for 12/10/2019, at 1:45 PM in Judge Burkhardt's chambers. No later than 12/3/2019, the parties shall LODGE supplemental ENE Statements via e-mail at efile_Burkhardt@casd.uscourts.gov. This Order does not otherwise alter the mandatory directions set forth in ECF No. #5 . (no document attached) (mjg)
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| Filing 20 Ex Parte MOTION For an Order Rescheduling the Early Neutral Evaluation Conference re 19 Minute Order (No Time),,,,, Terminate Hearings,,,,, Set Hearings,,,, #18 Notice (Other) by Marvin Donius, Rincon Mushroom Corporation of America Inc.. (Corrales, Manuel) (ag). |
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Filing 19
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: In light of Plaintiffs' filing of a "Notice of Conflict with ENE Conference" (ECF No. #18 ), the Early Neutral Evaluation and Case Management Conferences previously set for 11/14/2019 (ECF No. #5 ) are hereby RESET for 11/18/2019, at 1:45 PM. Any future requests by Plaintiffs to continue dates or deadlines shall comply with VII. of Judge Burkhardt's Civil Chambers rules, which directs: "Counsel seeking to continue or reschedule any matter must confer with opposing counsel in person or by telephone prior to making the request.... The request should be made by filing a joint motion or, if opposed, the motion may be made ex parte pursuant to Civil Local Rule 83.3.g...." VII. also directs that "requests to continue or reschedule a court proceeding [shall include] three mutually agreeable alternative dates." This Order does not otherwise alter the mandatory directions, dates, and deadlines set forth in ECF No. #5 . (no document attached) (mjg)
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| Filing 18 NOTICE of Conflcit of ENE Conference by Marvin Donius, Rincon Mushroom Corporation of America Inc. (Corrales, Manuel) (ag). |
| Filing 17 REPLY - Other re #14 Response in Opposition to Motion filed by Marvin Donius, Rincon Mushroom Corporation of America Inc.. (Corrales, Manuel) (ag). |
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Filing 16
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The Court is in receipt of Plaintiffs' ENE Statement. (See ECF No. 15.) However, Plaintiffs' ENE Statement does not comply with paragraph 4 of the Court's 10/4/2019 Order (ECF No. #5 ) and II.A. of Judge Burkhardt's Civil Chambers Rules, which direct that ENE Statements shall outline the nature of the case and the claims. Accordingly, no later than 11/7/2019, at 12:00 PM, Plaintiffs shall LODGE a supplement to their ENE Statement via e-mail at efile_Burkhardt@casd.uscourts.gov that sets forth those requirements in further and specific detail. (no document attached) (mjg)
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Filing 15
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation ("ENE") Statements were due to the Court by 11/4/2019. (ECF No. #5 .) The Court is not in receipt of Plaintiffs' ENE Statement. Accordingly, no later than 11/6/2019, at 9:00 AM, Plaintiffs shall LODGE their ENE Statement via e-mail at efile_Burkhardt@casd.uscourts.gov. Plaintiffs' ENE Statement shall address why it is being lodged after the Court-ordered deadline. Plaintiffs should also consult and ensure that their ENE Statement complies with paragraph 4 of the Court's 10/4/2019 Order (ECF No. #5 ) and II.A. of Judge Burkhardt's Civil Chambers Rules. (no document attached) (mjg)
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| Filing 14 RESPONSE in Opposition re #6 MOTION to Remand to State Court filed by County of San Diego. (Attachments: #1 Proof of Service)(Cooley, John) (ag). |
| Filing 13 JOINT DISCOVERY PLAN by County of San Diego (Attachments: #1 Proof of Service)(Cooley, John) (ag). |
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Filing 12
Notice of Document Discrepancies and Order Thereon by Magistrate Judge Jill L. Burkhardt Rejecting re #11 Report of Rule 26(f) Planning Meeting, from Plaintiffs Marvin Donius and Rincon Mushroom Corporation of America Inc. Non-compliance with local rule(s) Federal Rule of Civil Procedure 26 does not require the filing of initial disclosures on the docket. See Fed. R. Civ. P. 26(a)(1)(A) (stating that "a party must... provide" initial disclosures to other parties). See also CivLR 33.1(c), 36.1(c): Discovery is not to be filed on the docket. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by the chambers of Magistrate Judge Jill L. Burkhardt on 11/4/2019.(ag)
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| Filing 11 STRICKEN DOCUMENT (ag). |
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Filing 10
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The Court hereby DENIES the parties' Joint Motion to Vacate (ECF No. #9 ). Accordingly, all dates and deadlines set forth in the Court's 10/4/2019 Order (ECF No. #5 ) will remain on calendar while Plaintiffs' Motion to Remand (ECF No. #6 ) is pending. (no document attached) (mjg)
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| Filing 9 Joint MOTION to Vacate All Dates Set Forth In Order For Early Neutral Evaluation Conference by County of San Diego. (Attachments: #1 Proof of Service)(Cooley, John) (tcf). |
| Filing 8 MINUTE ENTRY: Vacating the hearing time (11:15 a.m.) for November 18, 2019. The Court will notify the Parties if oral argument is requested.(no document attached) (ag) |
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Filing 7
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge William Q. Hayes for all further proceedings. Chief Judge Larry Alan Burns no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:09-cv-02330-WQH-JLB. The new case number is 19cv1898-WQH-JLB. Signed by Chief Judge Larry Alan Burns on 10/9/2019. Signed by Judge William Q. Hayes on 10/7/2019.(jdt)
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| Filing 6 MOTION to Remand to State Court by Marvin Donius, Rincon Mushroom Corporation of America Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Corrales, Manuel). Modified on 10/9/2019 to remove duplicative text. QC email: s/ by nonregistered user (jdt). |
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Filing 5
NOTICE AND ORDER: (1) for Early Neutral Evaluation Conference, (2) Setting RUle 26 Compliance and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 11/14/2019 01:45 PM before Magistrate Judge Jill L. Burkhardt. Joint Discovery Plan due 11/4/2019. Signed by Magistrate Judge Jill L. Burkhardt on 10/04/2019.(jrm) (jao).
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| Filing 4 MINUTE ORDER OF TRANSFER. Judge Roger T. Benitez is no longer assigned. Case reassigned to Chief Judge Larry Alan Burns for all further proceedings. The new case number is 19-cv-1898-LAB-JLB. (no document attached) (tcf) |
| Filing 3 ANSWER to Complaint (Notice of Removal) by County of San Diego. (jxv) |
| Filing 2 NOTICE OF RELATED CASE(S) by County of San Diego of case(s) 3:09-CV-2330-WQH-JLB. (jxv) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California- County of San Diego, case number 37-02019-00045963-CU-PO-CTL. ( Filing fee $ 400 receipt number 0974-13009577.), filed by County of San Diego. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proof of Service)The new case number is 3:19-cv-01898-BEN-JLB. Judge Roger T. Benitez and Magistrate Judge Jill L. Burkhardt are assigned to the case.(jxv) (sjt). |
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