San Diego County Lodging Association et al v. The City of San Diego
| San Diego County Lodging Association and California Employment Law Council |
| The City of San Diego and Unite Here Local 30 |
| State of California |
| 3:2020cv02151 |
| November 3, 2020 |
| US District Court for the Southern District of California |
| Mitchell D Dembin |
| William Q Hayes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 bv Bivens Non-Prisoner |
| None |
Docket Report
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This docket was last retrieved on October 26, 2021. A more recent docket listing may be available from PACER.
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Filing 54
ORDER Granting #52 Joint Motion to Dismiss Complaint with Prejudice. IT IS HEREBY ORDERED that Plaintiff's Complaint is dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Each party shall bear their own fees and costs. Signed by District Judge William Q. Hayes on 10/26/2021. (tcf)
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Filing 53
Order Vacating Early Neutral Evaluation and Case Management Conference: The parties have filed a stipulation of dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Accordingly, the Early Neutral Evaluation and Case Management Conference set for November 3, 2021 is VACATED. Signed by Magistrate Judge Mitchell D. Dembin on 10/20/2021.(no document attached) (jb1)
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| Filing 52 Joint MOTION to Dismiss Complaint with Prejudice by San Diego County Lodging Association. (Carrillo-Gunning, Daniel) (ag). |
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Filing 51
NOTICE AND ORDER for Early Neutral Evaluation and Case Management Conference. Video Early Neutral Evaluation set for 11/3/2021 at 09:30 AM before Magistrate Judge Mitchell D. Dembin. Video Case Management Conference set for 11/3/2021 09:30 AM before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 9/20/21.(sxa) (dlg).
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Filing 50
ORDER: The Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by Plaintiff San Diego County Lodging Association (ECF No. #11 ) is denied. Signed by District Judge William Q. Hayes on 9/16/2021. (ag)
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| Filing 49 RESPONSE in Support re #11 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment Response to Intervenor-Defendant Local 30's Notice of Supplemental Authority filed by San Diego County Lodging Association. (Carrillo-Gunning, Daniel) (ag). |
| Filing 48 NOTICE of Supplemental Authority in Opposition to Plaintiff's Motion for Summary Judgment by Unite Here Local 30 re #11 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment (More, Paul) (ag). |
| Filing 47 Minute Entry for proceedings held before District Judge William Q. Hayes: Motion Hearing held on 9/2/2021 re #11 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment. Court to issue written decision. (Court Reporter/ECR Melinda Setterman). (Plaintiff Attorney Raymond Bertrand; James De Haan). (Defendant Attorney Paul James; Paul More). (no document attached) (kas) |
| Filing 46 MINUTE ORDER RE CHANGE OF TIME OF HEARING ONLY: The Court will hear oral argument on Plaintiff's Motion for Summary Judgment (ECF No. 11 ) on Thursday, September 2, 2021, at 2:00 p.m. in Courtroom 14B before the Honorable William Q. Hayes.(no document attached) (kas) |
| Filing 45 MINUTE ENTRY: Pursuant to Section 2(e) of the Electronic Case Filing Administrative Policies and Procedures, Defendant Unite Here Local 30 shall provide a courtesy copy of the Response in Opposition to Motion for Summary Judgment (ECF No. #36 ) on or before August 26, 2021. (See Chambers Rules available on the Courts website at https://www.casd.uscourts.gov/judges/chambers-rules.aspx). (no document attached) (tcf) |
| Filing 44 MINUTE ENTRY: The Court will hear oral argument on Plaintiff's Motion for Summary Judgment (ECF No. #11 ) on Thursday, September 2, 2021, at 1:30 p.m. in Courtroom 14B before the Honorable William Q. Hayes. (no document attached) (tcf) |
| Filing 43 REPLY to Response to Motion re #11 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by San Diego County Lodging Association. (Carrillo-Gunning, Daniel) (ag). |
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Filing 42
Order Vacating Early Neutral Evaluation and Case Management Conference: In light of the pending motion for summary judgment #11 the Court VACATES the Early Neutral Evaluation and Case Management Conference. The Court will reset the matter, if appropriate, after a ruling on the currently pending motion. IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 08/17/2021.(no document attached) (jb1)
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| Filing 41 Amicus Curiae Appearance entered by Mana Barari on behalf of State of California. (Barari, Mana) (ag). |
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Filing 40
ORDER: The Motion for Leave to File an Amicus Curiae Brief (ECF No. #38 ) is granted. The State of California shall file the Brief of Amicus Curiae in Opposition to Plaintiffs' Motion for Summary Judgment, attached as Exhibit A to the Motion for Leave to File an Amicus Curiae Brief (ECF No. #38 at 7-17), within three (3) days of the date of this Order. The Court will consider the Brief of Amicus Curiae in ruling on Plaintiff's Motion for Summary Judgment (ECF No. #11 ). Signed by District Judge William Q. Hayes on 8/16/2021. (ag)
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| Filing 39 NOTICE of Appearance by Mana Barari on behalf of State of California (Barari, Mana) (ag). |
| Filing 38 MOTION for Leave to File an Amicus Curiae Brief by The City of San Diego, Unite Here Local 30. (Barari, Mana) (ag). |
| Filing 37 NOTICE of Filing Signed Declaration of Teresa Ghilarducci by Unite Here Local 30 re #36 Response in Opposition to Motion, (More, Paul) (ag). |
| Filing 36 RESPONSE in Opposition re #11 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by Unite Here Local 30. (Attachments: #1 Request for Judicial Notice in Support of UNITE HERE Local 30s Opposition to Summary Judgment and Exhibits 1-9, #2 Declaration of Teresa Ghilarducci and Exhibits 1-14)(More, Paul) (ag). |
| Filing 35 RESPONSE in Opposition re #11 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by The City of San Diego. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Proof of Service)(James, Paul) (ag). |
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Filing 34
NOTICE AND ORDER for Early Neutral Evaluation and Case Management Video Conference. An Early Neutral Evaluation and Case Management Conference is set for 9/17/2021 at 9:30 AM before Magistrate Judge Mitchell D. Dembin via VIDEOCONFERENCE. The Joint Discovery Plan must be submitted to the Court in the same manner as ENE briefs no later than seven days prior to the conference. Signed by Magistrate Judge Mitchell D. Dembin on 8/4/2021.(ag)
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| Filing 33 ANSWER to #1 Complaint, by Unite Here Local 30.(More, Paul) (ag). |
| Filing 32 ANSWER to #1 Complaint, Defendant City of San Diego's Answer to Plaintiff's Complaint by The City of San Diego. (Attachments: #1 Proof of Service)(James, Paul) (ag). |
| Filing 31 MINUTE ENTRY: The parties' Joint Motion to Extend Briefing Deadline on Motion for Summary Judgment (ECF No. #30 ) is granted. Any oppositions to the Motion for Summary Judgment (ECF No. #11 ) shall be filed on or before August 5, 2021. Any replies shall be filed on or before August 19, 2021. (no document attached) (ag) |
| Filing 30 Joint MOTION for Extension of Time to File Response/Reply as to #11 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment by Unite Here Local 30. (More, Paul) (ag). |
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Filing 29
ORDER: The Motions to Dismiss filed by Defendants are denied as to the first and fifth claims and are otherwise granted. IT IS FURTHER ORDERED that Defendants shall file any opposition to the Motion for Summary Judgment within fourteen (14) days of the date of this Order. Plaintiff shall file any reply within twenty-one (21) days of the date of this Order. Signed by District Judge William Q. Hayes on 7/8/2021. (ag)
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| Filing 28 REPLY to Response to Motion re #25 MOTION to Dismiss filed by Unite Here Local 30. (More, Paul) (ag). |
| Filing 27 RESPONSE in Opposition re #25 MOTION to Dismiss of Unite Here Local 30 filed by San Diego County Lodging Association. (Carrillo-Gunning, Daniel) (ag). |
| Filing 26 MINUTE ENTRY: Pursuant to Section 2(e) of the Electronic Case Filing Administrative Policies and Procedures, Defendant The City of San Diego shall provide a courtesy copy of the Motion to Dismiss (ECF No. #12 ) on or before May 17, 2021. (see Chambers Rules available on the Court's website at https://www.casd.uscourts.gov/judges/chambers-rules.aspx).(no document attached) (ag) |
| Filing 25 MOTION to Dismiss by Unite Here Local 30. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1-7 to Request for Judicial Notice (Part 1 of 4), #3 Exhibit 1-7 to Request for Judicial Notice (Part 2 of 4), #4 Exhibit 1-7 to Request for Judicial Notice (Part 3 of 4), #5 Exhibit 1-7 to Request for Judicial Notice (Part 4 of 4))(More, Paul) (ag). |
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Filing 24
ORDER: The Motion to Intervene filed by Proposed Intervenor Unite Here Local 30 (ECF No. #13 ) is granted. Local 30 shall file the proposed motion to dismiss attached to the Motion to Intervene (ECF No. #13 -6) within three (3) days of the date of this Order. SDCLA shall file any opposition to Local 30's motion to dismiss within fourteen (14) days of the date the motion to dismiss is filed. Local 30 shall file any reply within seven (7) days of the date the opposition is filed. Signed by Judge William Q. Hayes on 5/3/2021. (ag)
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| Filing 23 NOTICE of Joinder by The City of San Diego re #13 MOTION to Intervene Defendant City of San Diego's Notice of Joinder to Unite Here Local 30's Motion to Intervene (Attachments: #1 Proof of Service)(James, Paul) (ag). |
| Filing 22 REPLY to Response to Motion re #12 MOTION to Dismiss for Failure to State a Claim Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's Complaint City of San Diego's Reply to Plaintiff, San Diego County Lodging Association's Opposition to Defendant's Motion to Dimsiss Plaintiff's Complaint filed by The City of San Diego. (Attachments: #1 Proof of Service)(James, Paul) |
| Filing 21 REPLY to Response to Motion re #13 MOTION to Intervene filed by Unite Here Local 30. (Attachments: #1 Exhibit A to UNITE HERE Local 30s Reply in Support of Motion to Intervene)(More, Paul) |
| Filing 20 RESPONSE in Opposition re #12 MOTION to Dismiss for Failure to State a Claim Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's Complaint filed by San Diego County Lodging Association. (Carrillo-Gunning, Daniel) (ag). |
| Filing 19 RESPONSE in Opposition re #13 MOTION to Intervene of Unite Here Local 30 filed by San Diego County Lodging Association. (Carrillo-Gunning, Daniel) (ag). |
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Filing 18
ORDER: The Ex Parte Application for Order Scheduling Motions (ECF No. #14 ) is granted in part and denied in part. The Application is granted as to the request to continue the hearing date and briefing schedule on the Motion for Summary Judgment and is otherwise denied. The 3/15/2021, hearing date on the Motion for Summary Judgment is vacated. The Court will set a new hearing date on the Motion for Summary Judgment after resolution of the Motion to Intervene and Motion to Dismiss the Complaint. Signed by Judge William Q. Hayes on 2/22/2021. (ag)
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| Filing 17 REPLY to Response to Motion re #14 Ex Parte MOTION for Order Ex Parte Application of Defendant City of San Diego and Proposed Intervenor, Unite Here Local 30, for Order Scheduling Motions filed by The City of San Diego, Unite Here Local 30. (Attachments: #1 Declaration of Paul L. More in Support of Ex Parte Motion for Scheduling Order)(More, Paul) |
| Filing 16 RESPONSE in Opposition re #14 Ex Parte MOTION for Order Ex Parte Application of Defendant City of San Diego and Proposed Intervenor, Unite Here Local 30, for Order Scheduling Motions filed by San Diego County Lodging Association. (Carrillo-Gunning, Daniel) |
| Filing 15 MINUTE ENTRY: Any opposition to the Ex Parte Motion for Scheduling Order (ECF No. #14 ) shall be filed by February 23, 2021.(no document attached) (ag) |
| Filing 14 Ex Parte MOTION for Order Ex Parte Application of Defendant City of San Diego and Proposed Intervenor, Unite Here Local 30, for Order Scheduling Motions by The City of San Diego. (Attachments: #1 Exhibit A to Ex Parte Application, #2 Declaration of Paul H. James, #3 Proof of Service)(James, Paul) (ag). |
| Filing 13 MOTION to Intervene by Unite Here Local 30. (Attachments: #1 Declaration of Brigette Browning in Support of UNITE HERE Local 30's Motion to Intervene, #2 Declaration of Paul L. More in Support of UNITE HERE Local 30's Motion to Intervene, #3 Exhibit 1-25 to Declaration of Paul L. More (Part 1 of 3), #4 Exhibit 1-25 to Declaration of Paul L. More (Part 2 of 3), #5 Exhibit 1-25 to Declaration of Paul L. More (Part 3 of 3), #6 UNITE HERE Local 30's proposed Motion to Dismiss)(More, Paul)Attorney Paul L. More added to party Unite Here Local 30(pty:dft) (ag). |
| Filing 12 MOTION to Dismiss for Failure to State a Claim Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's Complaint by The City of San Diego. (Attachments: #1 Memo of Points and Authorities ISO Defendant's Motion to Dismiss Plaintiff's Complaint, #2 Request for Judicial Notice ISO Defendant's Motion to Dismiss Plaintiff's Complaint, #3 Exhibit A to Request for Judicial Notice, #4 Proof of Service)(James, Paul) (ag). |
| Filing 11 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment by San Diego County Lodging Association. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Declaration of Namara Mercer, #4 Declaration of Daniel C. Gunning, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F)(Carrillo-Gunning, Daniel) (ag). |
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Filing 10
ORDER: Granting #9 Joint Motion to Extend Time for Defendant to Respond to Plaintiff's Complaint. Defendant has until 2/5/2021, to file an answer or otherwise respond to Plaintiff's Complaint. Signed by Judge William Q. Hayes on 1/25/2021. (ag)
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| Filing 9 Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint, Joint Motion to Extend Time for Defendant, The City of San Diego to Respond to Plaintiffs' Complaint by The City of San Diego. (Attachments: #1 Proof of Service)(James, Paul)Attorney Paul H. James added to party The City of San Diego(pty:dft) (ag). |
| Filing 8 NOTICE of Voluntary Dismissal by California Employment Law Council ONLY (Bertrand, Raymond) (ag). |
| Filing 7 WAIVER OF SERVICE Returned Executed by San Diego County Lodging Association, California Employment Law Council, as to The City of San Diego. (Bertrand, Raymond) (mme). |
| Filing 6 NOTICE of Appearance of Michael S. Kalt by Michael Saul Kalt on behalf of San Diego County Lodging Association (Kalt, Michael)Attorney Michael Saul Kalt added to party San Diego County Lodging Association(pty:pla) (ag). |
| Filing 5 SUMMONS Returned Executed by San Diego County Lodging Association, California Employment Law Council. The City of San Diego served. (Bertrand, Raymond) (ag). |
| Filing 4 SUMMONS Returned Executed by San Diego County Lodging Association, California Employment Law Council. The City of San Diego served. (Bertrand, Raymond) (ag). |
| 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. (mcb) |
| Filing 2 Corporate Disclosure Statement by California Employment Law Council, San Diego County Lodging Association. No Corporate Parents/Interested Parties. (mcb) |
| Filing 1 COMPLAINT Against The City of San Diego (Filing fee $400.00 receipt number ACASDC-14802161.), filed by San Diego County Lodging Association, California Employment Law Council. (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-2151-WQH-MDD. Judge William Q. Hayes and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Bertrand, Raymond)(mcb)(jrd) |
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