Case: Yolano-Donnelly v. Cisneros

Yolano-Donnelly, et al v. Cisneros

Yolano-Donnelly, et al v. Cisneros

LODGED: stip to cont status conf and order thereon from 12/7/90 to 7/27/91 at 10:00 MLS (kh) (Entered: 11/07/1990)

ORDER by Senior Judge Milton L. Schwartz granting lodged [0-1] ; Scheduling conf reset to 7/26/91 @ 10:30 (cc: all counsel) (old) (Entered: 11/27/1990)

ORDER by Magistrate John F. Moulds Case referred to Magistrate John F. Moulds (cc: all counsel) (old) (Entered: 03/13/1991)

MAIL Returned addressed to National Center for Youth Law marked forwarding time expires. (old) (Entered: 04/22/1991)

MAIL Returned addressed to Paul Lee, Legal Aid , Los Angeles marked no forwarding (old) (Entered: 04/22/1991)

ORDER ; Pretrial conf (final) re-set for 7/25/91 @ 10:30 (cc: all counsel) (old) (Entered: 05/08/1991)

MAIL Returned addressed to Gilbert P. Carrasco, legal aid society (old) (Entered: 05/17/1991)

PROOF OF SERVICE by plaintiff to continue status conference. (old) (Entered: 07/10/1991)

LODGED: Stipultion to continue status conference. (old) (Entered: 07/15/1991)

STIPULATION and ORDER by Senior Judge Milton L. Schwartz : ; Scheduling conf continued to 1/10/92 @ 9:00 (cc: all counsel) (old) (Entered: 07/25/1991)

MAIL Returned from James B. Morales, National Center for Youth Law. (old) (Entered: 07/30/1991)

LODGED Stipulation to continue status conference and order thereon (old) (Entered: 01/02/1992)

STIPULATION and ORDER by Senior Judge Milton L. Schwartz : ; Scheduling conf continued to 7/24/92 @ 9:00 (cc: all counsel) (old) (Entered: 01/06/1992)

MAIL Returned addressed to Gen Fujioka marked forwarding expired. (old) (Entered: 01/13/1992)

STIPULATION and ORDER continuing Status Conference by Senior Judge Milton L Schwartz ORDERING the Scheduling conference in this action is CONTINUED to 4/23/93 at 9:00am in ctrm 7 (cc: all counsel) (kh) (Entered: 07/17/1992)

LODGED stipulation to continue status conference and order thereon by plaintiff (old) (Entered: 04/07/1993)

STIPULATION and ORDER by Senior Judge Milton L Schwartz ORDERING the status conference previously set for 4/24/93 be continued to 11/5/93 at 9:00am before MLS (cc: all counsel) (old) (Entered: 04/08/1993)

LODGED Stipulation to Continue Status Conference and Order Thereon (old) (Entered: 10/01/1993)

ORDER by Senior Judge Milton L Schwartz GRANTING lodged Stipulation to Continue Status Conference ; Scheduling Conference RESET to 5/13/94 at 9:00 (cc: all counsel) (old) (Entered: 10/05/1993)

NOTICE by court of hearing ; Scheduling Conference reset to 9:00 on 6/3/94 before MLS ( cc: all counsel) (old) (Entered: 04/18/1994)

LODGED stipulation to continue status conference (old) (Entered: 05/17/1994)

STIPULATION and ORDER by Senior Judge Milton L Schwartz: Scheduling Conference continued to 12/2/94 at 9:00 before MLS (cc: all counsel) (old) (Entered: 05/31/1994)

NOTICE by Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Jimenez, Emily Lopez of change of address Paul E Lee Legal Aide Foundation of Los Angeles 1102 South Crenshaw Blvd, Los Angeles, CA 90019 (old) (Entered: 06/09/1994)

NOTICE of appearance of counsel for deft by Alfred Moran, Jack Kemp, Samuel Pierce, Duncan Howard (old) (Entered: 07/26/1994)

NOTICE by counsel for plaintiffs of change of address to Richard S Kohn, Stephen A Rosenbaum, California Rural Legal Assistance 631 Howard Street, Suite 300, San Francisco, Ca 94105-3907 (old) (Entered: 08/31/1994)

NOTICE of Administrative action by defendants (old) (Entered: 09/19/1994)

LODGED stipulation to continue status conference and order thereon by plaintiffs (old) (Entered: 11/09/1994)

STIPULATION AND ORDER by Senior Judge Milton L Schwartz GRANTING stipulation to continue status conference due to the parties have begun to discuss settlement of the lawsuit; scheduling conference for 9:00 3/10/95 in courtroom #7 (cc: all counsel) (old) (Entered: 11/15/1994)

LODGED stipulation to continue status conference and order thereon (old) (Entered: 03/16/1995)

NOTICE of Administrative Action by defts Samuel Pierce, Duncan Howard, Alfred Moran, Jack Kemp (old) (Entered: 03/29/1995)

STATUS REPORT by plaintiffs (ndd) (Entered: 04/07/1995)

STATUS CONFERENCE REPORT by dfts (old) (Entered: 04/14/1995)

LODGED Stipulation to continue status conference and order thereon (old) (Entered: 04/14/1995)

STIPULATION AND ORDER by Senior Judge Milton L. Schwartz scheduling conference continued to 9:00 6/9/95 (cc: all counsel) (old) (Entered: 04/14/1995)

LODGED substitution of attorney by pltfs Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Jimenez, Lopez (old) (Entered: 06/01/1995)

ORDER by Senior Judge Milton L. Schwartz GRANTING withdrawing attorney William Robert Tamayo for Elodia Jimenez, for Ramona Berber, for Maria Leyva-Valenzuela, for Yolano-Donnelly Tena and substituting attorney Gen Fujioka (cc: all counsel) (old) (Entered: 06/07/1995)

LODGED Stipulation to continue status conference and order thereof by defendant (old) (Entered: 06/09/1995)

STIPULATION AND ORDER by Senior Judge Milton L Schwartz GRANTING lodged stipulation to continue status conference [0-0]; ORDERING: status conference CONTINUED from 6/9/95 to 9/22/95 at 9:00 before MLS (cc: all counsel) (old) (Entered: 06/12/1995)

NOTICE OF MOTION AND MOTION for temporary restraining order or, in the alternative, for preliminary injunction by pltfs ; motion not noticed for hearing (old) (Entered: 06/16/1995)

MEMORANDUM by pltfs in SUPPORT of motion for tro [125-1], or, in the alternative, for preliminary injunction [125-2] (old) (Entered: 06/16/1995)

DECLARATION of Richard S Kohn in SUPPORT of motion for tro [125-1] or, in the alternative, for preliminary injunction [125-2]; EXHIBITS (old) (Entered: 06/16/1995)

EXHIBITS by pltfs in SUPPORT of motion for tro [125-1] or, in the alternative, for preliminary injunction [125-2]; EXHBITS A-E (old) (Entered: 06/16/1995)

PROOF OF SERVICE by pltf of motion for tro [125-1] or, in the alternative, for preliminary injunction [125-2], memorandum in support thereof [126-1], declaration of Richard S Kohn [127-1], exhibits [128-1], proposed order re: hearing on preliminary injunction [0-0], proposed order granting tro [0-0] (old) (Entered: 06/16/1995)

LODGED proposed order granting tro by pltfs (old) (Entered: 06/16/1995)

LODGED proposed order re: hearing on preliminary injunction by pltfs (old) (Entered: 06/16/1995)

STATEMENT by dfts regarding regulations submitted pursuant to a request made by the court on 6/16/95 re: pltfs' motoin for tro [125-1] and/or preliminary injunction [125-2] (old) (Entered: 06/20/1995)

ORDER by Senior Judge Milton L Schwartz ORDERING: the court held an informal hearing on pltfs' motion for temporary restraining order [125-1], and/or preliminary injunction [125-2] on 6/16/95; dfts represented to the court that their interpretation of the 3/20/95 final regulation published at 60 Federal Register 14816 effective 6/19/95 precludes service of a notice of eviction pursuant to that regulation on any class member on or before 7/19/95; therefore, the court finds it unnecessary either to grant or deny pltfs' motion at this time; rather the court has set the matter for hearing 7/18/95 at 1:30 before WBS; dfts shall file their opposition to this matter by 6/30/95 and pltfs shall file their reply, if any, by 7/7/95 (cc: all counsel) (old) Modified on 06/20/1995 (Entered: 06/20/1995)

MAIL returned [124-1] addressed to Gen Fujioka, counsel for pltfs; FORWARDING ORDER EXPIRED (old) (Entered: 06/22/1995)

RESERVICE of DOCUMENT(S) [124-1] addressed to Gen Fujioka, co-counsel for pltfs, at new address: Asian Law Caucus, 468 Bush Street, San Francisco, CA 94108 (cc: all counsel) (old) (Entered: 06/22/1995)

MEMORANDUM OF POINTS AND AUTHORITIES by defendants in opposition to motion for temporary restraining order [125-1], to motion for preliminary injunction by [125-2] (old) (Entered: 07/03/1995)

EXHIBIT "A" to dfts' memorandum of points and authorities in opposition to pltfs' motion for a preliminary injunction [133-1] (old) (Entered: 07/03/1995)

NOTICE OF MOTION AND MOTION for leave to supplemental complaint by plaintiffs ; AND memorandum of points and authorities; Declaration of David Pallack in support thereof (old) (Entered: 07/10/1995)

NOTICE of filing original declarations by plaintiff in support of pltf's motion for TRO/Premlimary Injuction [125-1], [125-2] (old) (Entered: 07/11/1995)

REPLY BRIEF by plaintiff in support of [125-1], [125-2] (old) (Entered: 07/11/1995)

LODGED Ex parte application to shorten time to file related motion; Memorandum of points and authorities and Declartion in support; Proposed order by plaintiff (old) (Entered: 07/11/1995)

MAIL returned [131-1] addressed to co-counsel Gen Fujioka (old) (Entered: 07/13/1995)

RESPONSE by defendants Samuel Pierce, Duncan Howard to ex parte application to shorten time [0-0] (old) (Entered: 07/13/1995)

DECLARATION of Juan Soriano in support of reply brief in support of motion for Preliminary injunction [137-1] (old) (Entered: 07/14/1995)

EX PARTE motion by pltfs Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Jimenez, Emily for Temporary Restraining Order (old) (Entered: 07/18/1995)

DECLARATION of Richard S Kohn in support of Ex parte motion for TRO [141-1] (old) (Entered: 07/18/1995)

NOTICE OF ADMINSTRATIVE ACTION by defts Duncan Howard, Alfred Moran, Jack Kemp (old) (Entered: 07/19/1995)

DECLARATION of Richard S Kohn in support of motion for TRO [141-1] (old) (Entered: 07/19/1995)

MINUTES of Status before Senior Judge Milton L. Schwartz preliminary injunction hearing set for 10:15 8/10/95 ; govt briefs to be filed by 7/28/95; pltf reply due by 4:30 on 8/4/95; MLS will contact Mary Grad and Richard Kohn by Noon on 7/29/95 re: TRO (old) (Entered: 07/20/1995)

LODGED proposed Temporary Restraining Order by pltfs Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Emily Lopez (old) (Entered: 07/18/1995)

LODGED Document ex parte application shortening time to file related motion by pltfs NOT USED (old) (Entered: 07/19/1995)

LODGED Document [proposed] TRO NOT USED (old) (Entered: 07/19/1995)

ORDER by Senior Judge Milton L. Schwartz GRANTING motion for leave to supplemental complaint by plaintiffs [135-1], DENYING motion for temporary restraining order [125-1], SETTING HEARING on motion for preliminary injunction by pltfs [125-2] for 10:15 on 8/10/95; defts shall file a supplemental brief no later than 4:30pm on 7/28/95, pltfs shall file their reply, if any, no later than 4:30pm on 8/4/95; Within 30 days of the date of this order, pltfs shall file a complaint denominated "Superseding Complaint", which will replace the original supplemental complaints in this case so as to eliminate all allegations that are no longer actionable; deft shall file an anwser or other responsive pleading within 30 days of being served with superseding complaint (cc: all counsel) (old) (Entered: 07/21/1995)

FIRST SUPPLEMENT COMPLAINT {class action} by plaintiffs (old) (Entered: 08/08/1995)

DFTS' SUPPLEMENT Memorandum of points and authrities in opposition to plts' motion for a preliminary injunction [125-2] (ndd) Modified on 08/08/1995 (Entered: 07/31/1995)

REPLY by Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Jimenez, Emily Lopez to response (supplemental memorandum of points and authorities in opposition) to motion for preliminary injunction by pltfs [125-2] (old) Modified on 08/08/1995 (Entered: 08/07/1995)

MINUTES of Law and Motion Hearing before Senior Judge Milton L. Schwartz; DENYING motion for preliminary injunction by pltfs [125-2]; C/R Deanna Majernik (old) (Entered: 08/14/1995)

NOTICE by defendant Samuel Pierce, defendant Duncan Howard, defendant Alfred Moran, defendant Jack Kemp regarding Administrative Action (old) (Entered: 08/14/1995)

NOTICE by plaintiff Yolano-Donnelly Tena, plaintiff Maria Leyva-Valenzuela, plaintiff Ramona Berber, plaintiff Elodia Jimenez, plaintiff Emily Lopez REGARDING and including original declarations in support of pltfs' reply to dfts memo of points and authorities in opposition to pltfs' motion for preliminary injunction (old) (Entered: 08/14/1995)

LODGED Document (proposed) Temporary Restraining Order (old) (Entered: 08/14/1995)

LODGED Document proposed order re: hearing on prelim injunction NOT TO BE USED; VACATING [0-0] lodged (old) (Entered: 08/14/1995)

LODGED Document Proposed Order granting TRO NOT TO BE USED; VACATING [0-0] (old) (Entered: 08/14/1995)

TRANSCRIPT of 8/10/95 hearing on motion for preliminary injunction by C/R Deanna M Majernik (old) (Entered: 08/18/1995)

LODGED Order re pltf's motion for preliminary injunction by defts Samuel Pierce, Duncan Howard, Alfred Moran, Jack Kemp (old) (Entered: 08/21/1995)

AMENDED (Superceding) COMPLAINT by pltfs Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Jimenez, Emily (old) (Entered: 08/23/1995)

ORDER by Senior Judge Milton L. Schwartz: DENYING motion for preliminary injunction by pltfs [125-2] (cc: all counsel) (old) (Entered: 08/30/1995)

REQUEST by defts Alfred Moran, Jack Kemp to vacate scheduling conference (old) (Entered: 09/07/1995)

NOTICE of hearing scheduling conference continued to 9:00 11/9/95 ( cc: all counsel) (old) (Entered: 09/14/1995)

MOTION by defendants to dismiss , for summary judgment motion to be heard by Senior Judge Milton L. Schwartz, on 9/20/95 at 9:00 in courtroom 7 (old) (Entered: 09/21/1995)

MEMORANDUM by defendant Duncan Howard in support of defendants' motion to dismiss and for summary judgment [158-1], [158-2] (old) (Entered: 09/21/1995)

NOTICE of hearing scheduling conference for 9:00 11/17/95 ( cc: ) (old) (Entered: 09/22/1995)

SUBSTITUTION of Attorney Rod Field replacing attorney Paul E Lee for pltfs Emily Lopez, Elodia Jimenez, Ramona Berber, Maria Leyva-Valenzuela, Yolano-Donnelly Tena (cc: all counsel) (kb) (Entered: 10/13/1995)

LODGED Notice of change in responsible attorney by plaintiffs (kb) (Entered: 10/05/1995)

LODGED Notice of Substitution and appearancee of counsel for dfts by defendant (old) (Entered: 10/31/1995)

REQUEST for Judicial notice by plaintiffs (old) (Entered: 11/07/1995)

DECLARATION of David Pallack in support of request for judicial notice for denial or continuance of summary judgment under FRCP 56(f) [163-1] (old) (Entered: 11/07/1995)

STATUS REPORT by plaintiffs (old) (Entered: 11/09/1995)

ORDER by Senior Judge Milton L. Schwartz withdrawing attorney Anne L Wismann for dfts Jack Kemp, Alfred Moran, Duncan Howard, Samuel Pierce and substituting attorney Michael Sitcov (cc: all counsel) (ndd) (Entered: 11/14/1995)

NOTICE of hearing scheduling conference CONTINUED to 12/8/95 (ndd) (Entered: 11/15/1995)

NOTICE of filing of original Declarations in support of plts' Opposition [162-1] to dfts' motion to dismiss, or in the alternative, for summary judgment (ndd) (Entered: 11/20/1995)

REPLY by Samuel Pierce, Duncan Howard, Alfred Moran, Jack Kemp to response in opposition to motion by defendants to dismiss [158-1], motion for summary judgment [158-2] (old) (Entered: 12/04/1995)

MINUTES before Senior Judge Milton L Schwartz that the motion by defendants to dismiss [158-1] is SUBMITTED, that the motion for summary judgment [158-2] is SUBMITTED scheduling conference is VACATED; Court to prepare order Deanna Majernik (old) (Entered: 12/14/1995)

MEMORANDUM OF DECISION AND Order: by Senior Judge Milton L Schwartz ORDERING: defts motion to dismiss pltf first and third claims for relief which challenge the constitutionality of section 214 and certain provisions of the 1995 final rule is DENIED; the court defers ruling on defts motion for summary judgment on these claims in order to give pltfs time to conduct discovery necessary to respond to this motion; defts motion to dismiss pltfs second claim for relief which alleges that section 214 constitutes an improper delegation of legislative power is GRANTED and this claim is dismissed with prejudice; defts motion to dismiss pltfs fourth claim for relief which alleges that defts violated the FHA 42 USC 3601-3619 is GRANTED and this claim is dismissed with prejudice; the court declines to rule on defts motion to dismiss or motion for summary judgment on pltfs fifth claim for relief brought pursuant to the Adminstrative Procedure Act 5 USC 706(2)(A)(C) because the court does not consider this to be a claim for relief that is separate and distinct from pltfs other claims for relief; defts motion to dismiss pltfs sixth claim for relief which alleges that defts violated NEPA 42 USC 4332(2)(c) is DENIED; additionally defts motion for summary judgment on this claim is also DENIED; defts motion to dismiss pltfs seventh claim for relief which alleges that defts findings under the Regulatory Flexibility Act 5 USC 605(b) and Executive Order 12291 constitute an abuse of discretion is GRANTED and this claim is dismissed with prejudice; based on the foregoing the court sets a special status conference for 4/12/96 at 11:00am to address further scheduling of pretrial motions pertaining to pltfs first third and sixth claims for relief; scheduling conference is set for 11:00am on 4/12/96 (cc: all counsel) (old) (Entered: 03/08/1996)

LODGED Stipulation to continue status conference and order thereon by defendants (kb) (Entered: 04/09/1996)

STIPULATION AND ORDER by Senior Judge Milton L. Schwartz Continuing scheduling conference from 4/12/96 to 9:00 on 5/24/96 (cc: all counsel) (old) (Entered: 04/10/1996)

LODGED Stipulation to continue status conference and order by defendant (old) (Entered: 05/23/1996)