Rosales et al v. The Roman Catholic Bishop of San Diego et al
| Walter Rosales, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Helen Cuerro, Estate of Walter Rosales' Unnamed Brother, Estate of Dean Rosales, Estate of Marie Toggery, Estate of Matthew Toggery, April Louise Palmer, Elisa Welmas and Marcia Spurgeon |
| The Roman Catholic Bishop of San Diego, Condon-Johnson Associates, Inc. and Does 1-10 |
| 3:2023cv00908 |
| May 17, 2023 |
| US District Court for the Southern District of California |
| Jill L Burkhardt |
| Andrew G Schopler |
| Personal Property: Other |
| 25 U.S.C. § 4101 Native American Housing Assistance and Self-Determination Act (NAHASDA) |
| Plaintiff |
Docket Report
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Filing 36
RESPONSE re #35 Response to Motion, Response to Renewed Objection to Hearing Date for Motions to Dismiss filed by Condon-Johnson Associates, Inc.. (Gouzoules, David)
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Filing 35
RESPONSE to Motion re #21 MOTION to Dismiss for Failure to State a Claim , #23 MOTION to Dismiss for Lack of Jurisdiction Renewed Objection to Scheduled Date filed by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas. (Webb, Patrick) (jms).
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Filing 34
MOTION for Sanctions Pursuant to FRCP Rule 11 and CCP 128.7 by The Roman Catholic Bishop of San Diego. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Maria C. Roberts, #3 Exhibit 8, #4 Request for Judicial Notice, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Proof of Service)(Roberts, Maria) (jms).
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Filing 33
ORDER (AGS): Having reviewed the parties' papers, defendant's motion for costs (ECF #17 ) is taken under submission. The July 7, 2023 hearing is vacated. Signed by District Judge Andrew G. Schopler on 07/05/2023. (no document attached) (mxa)
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Filing 32
REPLY - Other re #31 Response to Motion, Reply Brief in Further Support of Motion for Costs Pursuant to FRCP 41(D) filed by Condon-Johnson Associates, Inc.. (Gouzoules, David)(jms).
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Filing 31
RESPONSE to Motion re #17 MOTION for Costs Pursuant to FRCP 41(D) filed by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas. (Webb, Patrick) (jms).
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Filing 30
ORDER (AGS): Plaintiff's request to continue the hearing dates on defendants' motions to dismiss (ECF #26 ) is granted. The hearing dates for both pending motions to dismiss (ECF #21 & #23 ) are reset to August 11, 2023, at 3:00 p.m. Signed by District Judge Andrew G. Schopler on 06/21/2023.(no document attached) (mxa)
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Filing 29
Plaintiffs' REPLY Memorandum to the Bishop and Condon-Johnsons Response to Plaintiffs Objection and Motion to Stay and/or Continue Defendants Motions to Dismiss, filed by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas. (Webb, Patrick) (maq).
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Filing 28
REPLY - Other re #26 Response to Motion,, Regarding Motion to Dismiss Hearing filed by Condon-Johnson Associates, Inc.. (Gouzoules, David) (jms).
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Filing 27
RESPONSE re #26 Response to Motion,, by Plaintiff to Continue Hearing on Motions to Dismiss By RCBSD and Condon-Johnson Associates, Inc. filed by The Roman Catholic Bishop of San Diego. (Meza, Noel) (jms).
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Filing 26
RESPONSE to Motion re #21 MOTION to Dismiss for Failure to State a Claim , #23 MOTION to Dismiss for Lack of Jurisdiction filed by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas. (Attachments: #1 Declaration ISO Ojbetiion and motion to stay/continue motions to dismiss)(Webb, Patrick) (jms).
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Filing 25
NOTICE of Appearance by Noel J. Meza, III on behalf of The Roman Catholic Bishop of San Diego (Meza, Noel)Attorney Noel J. Meza, III added to party The Roman Catholic Bishop of San Diego(pty:dft) (jms).
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Filing 24
RESPONSE in Opposition re #22 MOTION for Leave to File Sur-Reply filed by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas. (Webb, Patrick) (jms).
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Filing 23
MOTION to Dismiss for Lack of Jurisdiction by The Roman Catholic Bishop of San Diego. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Maria C. Roberts, #3 Declaration of Rodrigo Valdivia, #4 Request for Judicial Notice, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7)(Roberts, Maria) (jms).
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Filing 22
MOTION for Leave to File Sur-Reply by The Roman Catholic Bishop of San Diego. (Roberts, Maria) (jms).
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Filing 21
MOTION to Dismiss for Failure to State a Claim by Condon-Johnson Associates, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of John Compagnone, #3 Declaration of Steve Davis, #4 Declaration of David Gouzoules, #5 Exhibit A, #6 Exhibit B)(Gouzoules, David) (jms).
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Filing 20
REPLY to Response to Motion re #6 Emergency MOTION to Remand to State Court filed by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas. (Webb, Patrick) (jms).
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Filing 19
REPLY to Response to Motion re #6 Emergency MOTION to Remand to State Court filed by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas. (Webb, Patrick) (jms).
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Filing 18
REPLY to Response to Motion re #6 Emergency MOTION to Remand to State Court filed by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas. (Webb, Patrick) (jms).
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Filing 17
MOTION for Costs Pursuant to FRCP 41(D) by Condon-Johnson Associates, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of David Gouzoules)(Gouzoules, David)(jms).
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Filing 16
RESPONSE in Opposition re #6 Emergency MOTION to Remand to State Court filed by Condon-Johnson Associates, Inc.. (Attachments: #1 Declaration of John Compagnone, #2 Declaration of Steve Davis, #3 Declaration of David Gouzoules, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J)(Gouzoules, David)(jms).
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Filing 15
RESPONSE in Opposition re #6 Emergency MOTION to Remand to State Court filed by The Roman Catholic Bishop of San Diego. (Attachments: #1 Declaration of Maria C. Roberts, #2 Declaration of Rodrigo Valdivia, #3 Request for Judicial Notice, #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 Proof of Service)(Roberts, Maria) (jms).
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Filing 14
NOTICE Of Issuance of Summons by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas re #4 Notice (Other), (Webb, Patrick) (jms).
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Filing 13
ORDER (AGS): Defendants' motion for an extension (ECF #11 ) is granted. Defendants' response is now due June 6, 2023. Plaintiff may reply by June 13, 2023. Signed by District Judge Andrew G. Schopler on 05/26/2023. (no document attached) (mxa)
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Filing 12
RESPONSE in Opposition re #11 Ex Parte MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Remand and Fees filed by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas. (Webb, Patrick) (jms).
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Filing 11
Ex Parte MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Remand and Fees by The Roman Catholic Bishop of San Diego. (Attachments: #1 Declaration of Maria C. Roberts, #2 Declaration of David W. Gouzoules)(Roberts, Maria)Attorney Maria C Roberts added to party The Roman Catholic Bishop of San Diego(pty:dft) (jms).
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Filing 10
Proof of Service of Summons, Complaint, First Amended Complaint and Notice of Related Cases by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas (Webb, Patrick) (jms).
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Filing 9
ORDER (AGS): Plaintiff's emergency motion to remand (ECF #6 ) is taken under advisement. By May 30, 2023, defendant must file any response. By June 6, 2023, plaintiff must file any reply. Signed by District Judge Andrew G. Schopler on 05/23/2023. (no document attached) (mxa)
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Filing 8
RESPONSE to Motion re #6 Emergency MOTION to Remand to State Court Requesting Standard LR 7.1(e) Briefing Schedule filed by Condon-Johnson Associates, Inc.. (Gouzoules, David) (sjt).
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Filing 7
NOTICE of Lodgment by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas re #6 Emergency MOTION to Remand to State Court (Webb, Patrick) (sjt).
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Filing 6
Emergency MOTION to Remand to State Court by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas. (Attachments: #1 Memo of Points and Authorities ISO Emergency Ex parte Motion to Remand, Shorten Time for Hearing and Attorneys Fees, #2 Declaration Patrick Webb ISO Emergency Ex parte Motion to Remand, Shorten Time for Hearing, and Attorneys Fees)(Webb, Patrick) (sjt).
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Filing 5
CERTIFICATE OF SERVICE by Condon-Johnson Associates, Inc. of Notice to Adverse Party of Removal (Gouzoules, David)(jms).
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Filing 4
Notice of First Amended Complaint in Superior Court by Estate of Dean Rosales, Estate of Helen Cuerro, Estate of Karen Toggery, Estate of Louis Ayhule Gomez, Estate of Marie Toggery, Estate of Matthew Toggery, Estate of Walter Rosales' Unnamed Brother, April Louise Palmer, Walter Rosales, Marcia Spurgeon, Elisa Welmas (Webb, Patrick) (jms).
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Filing 3
Corporate Disclosure Statement by Condon-Johnson Associates, Inc.. No Corporate Parents/Interested Parties. (Gouzoules, David) (jms).
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Filing 2
NOTICE OF RELATED CASE(S) by Condon-Johnson Associates, Inc. of case(s) 3:23-cv-00849-DMS-DEB . (Gouzoules, David) Proposed LNO prepared (jms).
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Filing 1
NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-17855345.), filed by Condon-Johnson Associates, Inc. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint)The new case number is 3:23-cv-908-AGS-JLB. Judge Andrew G. Schopler and Magistrate Judge Jill L. Burkhardt are assigned to the case.(ggv) (sjt).
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