Save the Park and Build the School v. National Park Service et al
| Save the Park and Build the School |
| Cardiff School District, Lisa Mangat, David Vela, David L. Bernhardt and National Park Service |
| 3:2020cv01080 |
| June 12, 2020 |
| US District Court for the Southern District of California |
| Larry Alan Burns |
| Allison H Goddard |
| M James Lorenz |
| Todd W Robinson |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 42 U.S.C. § 4332 Environmental Policy - Cooperation of Agencies; Reports |
| Plaintiff |
Docket Report
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Filing 72
Order Granting Plaintiffs Ex Parte Application for Order to Close Interest-Bearing Account and Disburse Funds #71 . Signed by Judge Todd W. Robinson on 12/10/2021. (Attachments: #1 Unredacted Order) (All non-registered users served via U.S. Mail Service)(zda)
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| Filing 71 Ex Parte MOTION for Disbursement of Funds Application for Order to Close Interest Bearing Account and Disburse funds by Save the Park and Build the School. (Attachments: #1 Declaration of Rebecca Reed)(Reed, Rebecca) (anh). |
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Filing 70
ORDER Granting #69 Motion for Release of Bond Obligation. Signed by Judge Todd W. Robinson on 8/19/21.(cc Finance) (All non-registered users served via U.S. Mail Service)(sxa)
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| Filing 69 Joint MOTION for Release of Bond Obligation and Return of Funds by Save the Park and Build the School. (Reed, Rebecca)(sxa). |
| Filing 68 CLERK'S JUDGMENT. The Court DECLINES supplemental jurisdiction; DISMISSES WITHOUT PREJUDICE Plaintiff's fifth and sixth causes of action (ECF No. 1); DISSOLVES the preliminary injunction entered by Judge Burns on July 24, 2020 (ECF Nos. 21, 45); and DENIES the permanent injunction requested by the Plaintiff. Case is closed.(dlg) |
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Filing 67
ORDER Declining Supplemental Jurisdiction, Dismissing Without Prejudice Plaintiff's Fifth and Sixth Causes of Action, Dissolving Preliminary Injunction, and Denying Permanent Injunction ( #1 , #21 , #45 , #60 ). Signed by Judge Todd W. Robinson on 11/5/20.(dlg)
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| Filing 66 REPLY - Other re #60 Order on Motion to Dismiss,,,,,,, filed by Save the Park and Build the School. (Attachments: #1 Declaration of Rebecca Reed)(Reed, Rebecca) (jmo). |
| Filing 65 RESPONSE TO ORDER TO SHOW CAUSE by Lisa Mangat re #60 Order on Motion to Dismiss,,,,,,, #63 Response - Other. (Sheet, Leena) (jmo). |
| Filing 64 RESPONSE TO ORDER TO SHOW CAUSE by Cardiff School District re #60 Order on Motion to Dismiss,,,,,,,. (Green, Matthew) (jmo). |
| Filing 63 RESPONSE re #60 Order on Motion to Dismiss,,,,,,, filed by Save the Park and Build the School. (Reed, Rebecca) (jmr). |
| Filing 62 RESPONSE re #60 Order on Motion to Dismiss,,,,,,, Order to Show Cause re Permanent Injunction filed by Cardiff School District. (Green, Matthew) (jmr). |
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Filing 61
ORDER OF TRANSFER. Chief Judge Larry Alan Burns is no longer assigned. Case reassigned to Judge Todd W. Robinson for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 20cv1080-TWR-AHG. Signed by Chief Judge Larry Alan Burns on 10/8/2020.(jdt)
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Filing 60
ORDER: 1) Granting Federal Defendants' Motion to Dismiss (Dkt. #49 ); 2) Granting in Part Lisa Mangat's Motion to Dismiss (Dkt. #50 ); and 3) Directing Save the Park and Cardiff School District to Show Cause. The Court directs Cardiff School District to show cause, no later than 10/26/2020, why the Court should not convert its existing preliminary injunction to a permanent injunction. Save the Park may respond on or before 11/2/2020. Save the Park is ordered to show cause why, if the Court issues a permanent injunction, it shouldn't decline to exercise jurisdiction over the remaining state claim. Save the Park's brief must be filed by 10/26/2020. The State Parks and the District may respond by 11/2/2020. Signed by Chief Judge Larry Alan Burns on 10/8/2020.(jdt)
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Filing 59
ORDER Granting Application to Clarify Preliminary Injunction (Dkt. #46 ) and Denying Motion for Modification of Preliminary Injunction (Dkt. #48 ). Signed by Chief Judge Larry Alan Burns on 10/5/2020. (jdt)
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Filing 58
NOTICE AND ORDER Setting Second Early Neutral Evaluation Conference via Videoconference. The Court sets a follow-up Early Neutral Evaluation for 12/3/2020 at 2:00 PM before Magistrate Judge Allison H. Goddard. The Court modifies the ENE to be via videoconference for all attendees. Signed by Magistrate Judge Allison H. Goddard on 10/5/2020. (jdt)
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| Filing 57 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Videoconference held on 10/5/2020. Case Management Conference not held and to be postponed to a later date. Order setting follow-up Early Neutral Evaluation Conference to issue. (Plaintiff Attorneys Justin Fontaine, Rebecca Reed). (Defendants Attorneys Leena Sheet, Justin Lee, Glen Dorgan, Matthew Green, Tyree Dorward). (no document attached) (cxg) |
| Filing 56 NOTICE SUPPLEMENTAL DECLARATION OF TYREE K. DORWARD IN SUPPORT OF #46 EX PARTE APPLICATION TO CLARIFY PRELIMINARY INJUNCTION by Cardiff School District (Dorward, Tyree). QC email: all-caps text (jdt). Modified on 9/25/2020 to add link (jdt). |
| Filing 55 STATUS REPORT , DEFENDANTS' JOINT CASE MANAGEMENT STATEMENT, by David L. Bernhardt, Cardiff School District, Lisa Mangat, National Park Service, David Vela. (Green, Matthew). QC email: all-caps text (jdt). |
| Filing 54 OBJECTION by Cardiff School District re #53 Reply to Response to Motion to Ex Parte Application to Modify Preliminary Injunction. (Dorward, Tyree) (jdt). |
| Filing 53 REPLY to Response to Motion re #48 Ex Parte MOTION for Preliminary Injunction Modification of Preliminary Injunction re Lisa Mangat's Response in Opposition filed by Save the Park and Build the School. (Reed, Rebecca) |
| Filing 52 RESPONSE in Opposition re #48 Ex Parte MOTION for Preliminary Injunction Modification of Preliminary Injunction filed by Cardiff School District. (Attachments: #1 Declaration Dorward, #2 Declaration Peterson)(Green, Matthew) (jdt). |
| Filing 51 RESPONSE in Opposition re #48 Ex Parte MOTION for Preliminary Injunction Modification of Preliminary Injunction filed by Lisa Mangat. (Attachments: #1 Declaration of L.M. Sheet in Response to Ex Parte Application, #2 Proof of Service)(Sheet, Leena) (jdt). |
| Filing 50 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Lisa Mangat. (Attachments: #1 Declaration of L.M. Sheet in Support of Motion to Dismiss, #2 Proof of Service)(Sheet, Leena) (jdt). |
| Filing 49 MOTION to Dismiss by National Park Service, David Vela, David L. Bernhardt. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Dorgan, Glen) Modified on 9/22/2020 to add filing parties. (jdt). |
| Filing 48 Ex Parte MOTION for Preliminary Injunction Modification of Preliminary Injunction by Save the Park and Build the School. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Rebecca L. Reed)(Reed, Rebecca) (jdt). |
| Filing 47 RESPONSE in Opposition re #46 MOTION to Clarify filed by Save the Park and Build the School. (Attachments: #1 Declaration of Rebecca Reed)(Reed, Rebecca) (jdt). |
| Filing 46 MOTION to Clarify Ex Parte Application to Clarify Preliminary Injunction by Cardiff School District (Attachments: #1 Memo of Points and Authorities in Support of Ex Parte Application, #2 Declaration of Randal L. Peterson, #3 Declaration of Tyree K. Dorward)(Dorward, Tyree). Modified on 9/18/2020 to change event to motion (jdt). |
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Filing 45
ORDER Denying #29 Motion to Reconsider and Extending Preliminary Injunction. The Motion to Reconsider is Denied. The Preliminary Injunction will remain in effect until the Court orders otherwise. Signed by Chief Judge Larry Alan Burns on 9/11/2020. (srm)
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| Filing 44 STATUS REPORT Regarding Reconsideration by National Park Service. (Attachments: #1 Proof of Service)(Dorgan, Glen) (dlg). |
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Filing 43
ORDER Granting #42 Joint Motion for Extension of Time to File. Mangat and NPS must respond to the Complaint by 09/21/2020. Signed by Chief Judge Larry Alan Burns on 9/9/2020. (sxa)
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| Filing 42 Joint MOTION for Extension of Time to File Response to Complaint (Civil L.R. 7-2); Declaration in Support by Lisa Mangat. (Sheet, Leena) (sxa). |
| Filing 41 STATUS REPORT Update on Reopening of Schools by Cardiff School District. (Dorward, Tyree) (sxa). |
| Filing 40 NOTICE of Appearance by Glen Dorgan on behalf of David L. Bernhardt, National Park Service, David Vela (Dorgan, Glen)Attorney Glen Dorgan added to party David L. Bernhardt(pty:dft), Attorney Glen Dorgan added to party National Park Service(pty:dft), Attorney Glen Dorgan added to party David Vela(pty:dft) (jdt). |
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Filing 39
MINUTE ORDER: Defendant National Park Service has notified the Court that its review of the decision underlying this case has been delayed. That decision is now anticipated no later than September 11, 2020. In the meantime, the parties have briefed the effect of the lifting of pandemic restrictions on the July 24, 2020 Amended Preliminary Injunction an issue raised by Defendant Cardiff School Districts Motion for Reconsideration. The Court will defer ruling on the Motion until September 11, 2020. Signed by Chief Judge Larry Alan Burns on 8/31/2020. (srm)
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| Filing 38 STATUS REPORT (Supplemental) by National Park Service. (Attachments: #1 Proof of Service)(Dorgan, Glen) (jdt). |
| Filing 37 SUPPLEMENTAL BRIEFING by Defendant Cardiff School District re #36 Order re: Further Briefing on Reopening of Schools. (Attachments: #1 Declaration Parker)(Dorward, Tyree) (jdt). |
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Filing 36
ORDER Re: Further Briefing on Reopening of Schools. District supplemental brief addressing the impact of the changed circumstances due 8/28/2020 at 12:00pm (Noon). Signed by Chief Judge Larry Alan Burns on 8/25/2020. (srm)
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| Filing 35 RESPONSE re #30 Order, Why Preliminary Injunction Should Not Be Dissolved filed by Save the Park and Build the School. (Attachments: #1 Declaration of Rebecca L. Reed, #2 Exhibit 1-12)(Reed, Rebecca) (jdt). |
| Filing 34 SUPPLEMENTAL BRIEFING by Defendant Cardiff School District re #30 Order, Brief in Support of Dissolution of Preliminary Injunction. (Attachments: #1 Declaration Vinson)(Dorward, Tyree) (jdt). |
| Filing 33 STATUS REPORT by National Park Service. (Attachments: #1 Proof of Service)(Dorgan, Glen) (jdt). |
| Filing 32 Amended ANSWER to #1 Complaint, by Cardiff School District.(Green, Matthew) (jdt). |
| Filing 31 AFFIDAVIT re #30 Order, of Jill Vinson in Response to Order by Defendant Cardiff School District. (Green, Matthew) (jdt). |
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Filing 30
ORDER re Preliminary Injunction (Doc. #21 ): Defendant Cardiff School District affidavit re in-person instruction due by August 20, 2020 at 5:00 P.M. Plaintiff Save the Park brief due by August 24, 2020 at 5:00 P.M. Defendants National Park Service, David L. Bernhardt, and David Vela status update due by August 24, 2020 at 5:00 P.M. Signed by Chief Judge Larry Alan Burns on 8/18/2020. (srm)
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| Filing 29 Ex Parte Application for Leave to File Motion to Reconsider Amended Order of Preliminary Injunction by Cardiff School District re #21 Preliminary Injunction (Attachments: #1 Memo of Points and Authorities, #2 Declaration Part 1 of 2, #3 Declaration Part 2 of 2)(Dorward, Tyree)Attorney Tyree K. Dorward added to party Cardiff School District(pty:dft). Modified on 8/18/2020 to change event to motion (jdt). |
| Filing 28 Notice of Undertaking re: #23 Order, Posting of Bond by Save the Park and Build the School. (Fontaine, Justin) (jdt). |
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Filing 27
ORDER Granting Joint Motion and Second Stipulation to Extend Time to Respond to Complaint (Dkt. #26 ). David L. Bernhardt, Lisa Mangat, National Park Service, David Vela answer due 9/11/2020. Signed by Chief Judge Larry Alan Burns on 8/10/2020. (jdt)
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| Filing 26 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Lisa Mangat. (Sheet, Leena) (jdt). |
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Filing 25
NOTICE AND ORDER Setting Early Neutral Evaluation Conference and Case Management Conference via Videoconference. An Early Neutral Evaluation is set for 10/5/2020 at 9:30 AM before Magistrate Judge Allison H. Goddard. The Court modifies the ENE to be via videoconference for all attendees. In the event the case does not settle at the ENE, the Court will immediately thereafter hold a Case Management Conference. The parties must file a Joint Case Management Statement by 9/25/2020. Signed by Magistrate Judge Allison H. Goddard on 8/6/2020. (jdt)
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| Filing 24 ANSWER to #1 Complaint, by Cardiff School District.(Green, Matthew) (jdt). |
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Filing 23
ORDER to Post Bond. The Court orders Plaintiff to provide security for the preliminary injunction by delivering $20,000 in the form of a bond, cashier's check, or money order to the Clerk of Court within fourteen (14) days of this Order. Signed by Chief Judge Larry Alan Burns on 7/31/2020. (jdt)
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| Filing 22 RESPONSE re #21 Preliminary Injunction Statement of Non-Opposition to the Court's Order to Show Cause filed by Save the Park and Build the School. (Reed, Rebecca) (jdt). |
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Filing 21
AMENDED ORDER OF PRELIMINARY INJUNCTION. Signed by Chief Judge Larry Alan Burns on 7/24/2020. (srm) (Main Document 21 replaced on 7/27/2020) (srm).
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| Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 7/20/2020 before Judge Larry Alan Burns. Court Reporter/Transcriber: Cynthia R. Ott. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/14/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/22/2020. (akr) |
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Filing 19
ORDER OF PRELIMINARY INJUNCTION. Signed by Chief Judge Larry Alan Burns on 7/24/2020. (jdt)
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| Filing 18 Minute Entry for proceedings held before Chief Judge Larry Alan Burns: Motion Hearing held on 7/20/2020 re #9 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed by Save the Park and Build the School. Court to issue order.(Court Reporter/ECR Cynthia Ott). (Plaintiff Attorney Rebecca Reed). (Defendant Attorney Matthew Green). (Glen Dorgon, AUSA)(no document attached) (tlw) |
| Filing 17 REPLY to Response to Motion re #9 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction, MOTION for Preliminary Injunction filed by Save the Park and Build the School. (Attachments: #1 Declaration of Rebecca L. Reed, #2 Exhibit Supplemental Index of Exhibits, #3 Objections to Evidence)(Reed, Rebecca) (jdt). |
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Filing 16
ORDER Granting Joint Motion for Extension of Time (Dkt. #12 ). The Court orders that Defendant Mangat shall have up to and including 8/12/2020 to file a motion to dismiss or responsive pleading. Signed by Chief Judge Larry Alan Burns on 7/13/2020. (jdt)
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| Filing 15 RESPONSE in Opposition re #9 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary InjunctionMOTION for Preliminary Injunction filed by Lisa Mangat. (Attachments: #1 Declaration of L.M. Sheet in Opposition to Motion for Preliminary Injunction)(Sheet, Leena) (jmo). |
| Filing 14 RESPONSE to Motion re #9 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary InjunctionMOTION for Preliminary Injunction filed by National Park Service. (Attachments: #1 Declaration, #2 Proof of Service)(Dorgan, Glen) (jmo). |
| Filing 13 RESPONSE in Opposition re #9 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary InjunctionMOTION for Preliminary Injunction filed by Cardiff School District. (Attachments: #1 Declaration Dorward, #2 Declaration Peterson, #3 Declaration Vinson, #4 Request for Judicial Notice, #5 Exhibit Part 1, #6 Exhibit Part 2, #7 Exhibit Part 3, #8 Exhibit Part 4, #9 Exhibit Part 5, #10 Exhibit Part 6, #11 Exhibit Part 7, #12 Exhibit Part 8)(Green, Matthew)(jmo). |
| Filing 12 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Lisa Mangat. (Sheet, Leena)Attorney Leena M Sheet added to party Lisa Mangat(pty:dft). QC email: Incorrect initials in caption. No refile (jdt). |
| Filing 11 DECLARATION re #10 Order on Motion for TRO, by Plaintiff Save the Park and Build the School. (Reed, Rebecca) (jdt). |
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Filing 10
ORDER Denying Application for Temporary Restraining Order and Setting Expedited Schedule for Briefing and Hearing on Motion for Preliminary Injunction. (ECF No. #9 .) The Court construes the remainder of Plaintiff's motion as a motion for preliminary injunction and sets the matter for a hearing on 7/20/2020 at 11:30 a.m. in Courtroom 14A. Defendants' response will be due 7/10/2020. Any reply brief will be due 7/14/2020. Plaintiff is ordered to provide notice of this order to each Defendant no later than 7/1/2020. Plaintiff must also file a declaration by that date stating the manner in which Plaintiff provided notice to each Defendant. Signed by Chief Judge Larry Alan Burns on 6/29/2020. (jdt)
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| Filing 9 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction by Save the Park and Build the School. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Rebecca L. Reed, #3 Exhibit Index of Exhibits, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Proof of Service)(Reed, Rebecca). Added Ex Parte MOTION for Order to Show Cause re Preliminary Injunction on 6/29/2020. Sent QC email re multipart motions. No refile (jdt). Modified on 6/29/2020 to change added motion to Motion for Preliminary Injunction (jdt). |
| Filing 8 SUMMONS Returned Executed by Save the Park and Build the School. Lisa Mangat served. (Fontaine, Justin) (jdt). |
| Filing 7 SUMMONS Returned Executed by Save the Park and Build the School. David Vela served. (Fontaine, Justin) (jdt). |
| Filing 6 SUMMONS Returned Executed by Save the Park and Build the School. David L. Bernhardt served. (Fontaine, Justin) (jdt). |
| Filing 5 SUMMONS Returned Executed by Save the Park and Build the School. National Park Service served. (Fontaine, Justin) (jdt). |
| Filing 4 NOTICE of Appearance by Rebecca L. Reed on behalf of Save the Park and Build the School (Reed, Rebecca)Attorney Rebecca L. Reed added to party Save the Park and Build the School(pty:pla) (jdt). |
| Filing 3 MINUTE ORDER OF RECUSAL. Judge M. James Lorenz is no longer assigned. Case reassigned to Chief Judge Larry Alan Burns for all further proceedings. The new case number is 20cv1080-LAB-AHG.(no document attached) (jms) |
| Filing 2 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. (jmr) (jms). |
| Filing 1 COMPLAINT with Jury Demand against David L. Bernhardt, Cardiff School District, Lisa Mangat, National Park Service, David Vela ( Filing fee $ 400 receipt number ACASDC-14007022.), filed by Save the Park and Build the School. (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-1080-L-AHG. Judge M. James Lorenz and Magistrate Judge Allison H. Goddard are assigned to the case. (Fontaine, Justin)(jmr) (jms). |
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