1
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COMPLAINT against Jeffrey A. Beard, Edmund G. Brown, Jr by William A. Sassman. Attorney Grunfeld, Gay Crosthwait added. (Filing fee $ 400, receipt number 0972−5423311) (Attachments: # 1 Civil Cover Sheet)(Grunfeld, Gay) (Entered: 07/16/2014)
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July 16, 2014
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July 16, 2014
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2
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NOTICE of RELATED CASE 2:90−cv−00520 by William A. Sassman. (Grunfeld, Gay) (Entered: 07/16/2014)
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July 16, 2014
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July 16, 2014
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4
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CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent to Magistrate Judge, # 2 VDRP) (Mena−Sanchez, L) (Entered: 07/16/2014)
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July 16, 2014
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July 16, 2014
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5
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MOTION for PRELIMINARY INJUNCTION RELIEF by William A. Sassman. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Request, # 6 Proposed Order) (Grunfeld, Gay) Modified on 7/18/2014 (Donati, J). (Entered: 07/16/2014)
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July 16, 2014
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July 16, 2014
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6
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SUMMONS RETURNED EXECUTED: Edmund G. Brown, Jr served on 7/17/2014, answer due 8/7/2014. (Thompson, Blake) (Entered: 07/21/2014)
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July 21, 2014
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July 21, 2014
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7
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SUMMONS RETURNED EXECUTED: Jeffrey A. Beard served on 7/17/2014, answer due 8/7/2014. (Thompson, Blake) (Entered: 07/21/2014)
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July 21, 2014
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July 21, 2014
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8
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MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: The Court is in receipt of the Motion for Preliminary Injunction (ECF No. 5). The Motion as filed is deficient should be renoticed in compliance with Local Rule 230(a) before Chief Judge Morrison C. England, Jr. Accordingly, the 8/13/2014 hearing is vacated. Available law and motion dates can be located on the Court's website at: www.caed.uscourts.gov. (Deutsch, S) (Entered: 07/24/2014)
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July 24, 2014
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July 24, 2014
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9
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ANSWER with Jury Demand by Jeffrey A. Beard, Edmund G. Brown, Jr. Attorney D'Agostino, Martine N. added. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 08/07/2014)
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Aug. 7, 2014
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Aug. 7, 2014
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10
|
RESPONSE by Jeffrey A. Beard, Edmund G. Brown, Jr to 2 Notice of Related Case − ATY. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 08/07/2014)
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Aug. 7, 2014
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Aug. 7, 2014
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11
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NOTICE to RESCHEDULE HEARING on 5 MOTION for PRELIMINARY INJUNCTION : Motion Hearing set for 9/4/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Grunfeld, Gay) (Entered: 08/07/2014)
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Aug. 7, 2014
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Aug. 7, 2014
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12
|
[DISREGARD] RESPONSE by Jeffrey A. Beard, Edmund G. Brown, Jr to 2 Notice of Related Case − ATY. Attorney Sharma, Maneesh added. (Attachments: # 1 Proof of Service)(Sharma, Maneesh) Modified on 8/18/2014 (docketed in wrong case) (Becknal, R). (Entered: 08/18/2014)
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Aug. 18, 2014
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Aug. 18, 2014
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13
|
REPLY by William A. Sassman re 2 Notice of Related Case − ATY. (Grunfeld, Gay) (Entered: 08/18/2014)
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Aug. 18, 2014
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Aug. 18, 2014
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14
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NON-RELATED CASE ORDER signed by Chief Judge Morrison C. England, Jr on 8/20/14 re 2 Notice of Related Case: The Court has determined, that it is inappropriate to relate or reassign the cases, the therefore declines to do so. This order is issued for informational purposes only, and shall have no effect on the status of the cases, including any previous Related (or Non-Related) Case Order of this Court. (Meuleman, A)
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Aug. 21, 2014
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Aug. 21, 2014
RECAP
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15
|
OPPOSITION by Jeffrey A. Beard, Edmund G. Brown, Jr to 5 MOTION for PRELIMINARY INJUNCTION . (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 08/21/2014)
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Aug. 21, 2014
|
Aug. 21, 2014
|
16
|
REQUEST for JUDICIAL NOTICE by Jeffrey A. Beard, Edmund G. Brown, Jr in re 15 Opposition to Motion. (Attachments: # 1 Exhibit A)(D'Agostino, Martine) (Entered: 08/21/2014)
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Aug. 21, 2014
|
Aug. 21, 2014
|
17
|
DECLARATION of Jay Virbel re 15 Opposition to Motion. (D'Agostino, Martine) (Entered: 08/21/2014)
|
Aug. 21, 2014
|
Aug. 21, 2014
|
18
|
DECLARATION of Martine D'Agostino re 15 Opposition to Motion. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(D'Agostino, Martine) (Entered: 08/21/2014)
|
Aug. 21, 2014
|
Aug. 21, 2014
|
20
|
MOTION TO STRIKE all affirmative defenses and demand for jury trial re 9 Answer by William A. Sassman. Motion Hearing SET for 10/2/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order) (Grunfeld, Gay) Modified on 8/29/2014 (Michel, G). (Entered: 08/28/2014)
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Aug. 28, 2014
|
Aug. 28, 2014
|
21
|
REPLY to 15 Opposition to 5 Motion for Preliminary Injunction by William A. Sassman. (Attachments: # 1 Declaration of Eldon Vail, # 2 Declaration of Jody Boyle, # 3 Declaration of Shirley Sassman, # 4 Declaration of Van Swearingen, # 5 Response to Defendants' Evidentiary Objections) (Grunfeld, Gay) Modified on 8/29/2014 (Michel, G). (Entered: 08/28/2014)
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Aug. 28, 2014
|
Aug. 28, 2014
|
22
|
OBJECTIONS and REQUEST TO STRIKE 17 Declaration of Jay Virbel by Plaintiff William A. Sassman. (Grunfeld, Gay) Modified on 8/29/2014 (Michel, G). (Entered: 08/28/2014)
|
Aug. 28, 2014
|
Aug. 28, 2014
|
23
|
MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's on motion the 9/4/2014 Motion for Preliminary Injunction (ECF No. 5) is vacated and continued to 10/2/2014 at 2:00 p.m. in Courtroom 7. (Deutsch, S) (Entered: 08/29/2014)
|
Aug. 29, 2014
|
Aug. 29, 2014
|
24
|
MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion, the October 2, 2014 Motion for Preliminary Injunction (ECF No. 5) and Plaintiff's Motion to Strike (ECF No. 20) are vacated and ADVANCED for oral argument to October 1, 2014 at 9:30 a.m. in Courtroom 7. The personal appearances of counsel are required and the Court will not entertain requests for telephonic appearances. (Deutsch, S) (Entered: 09/09/2014)
|
Sept. 9, 2014
|
Sept. 9, 2014
|
25
|
MOTION to STRIKE the Declarations of Eldon Vail and Jody Boyle by defendants. Motion Hearing set for 10/1/2014 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proof of Service) (D'Agostino, Martine) Modified on 9/11/2014 (Marciel, M) (Entered: 09/10/2014)
|
Sept. 10, 2014
|
Sept. 10, 2014
|
26
|
RESPONSE by defendants to plaintiff's Objections and 22 Request to Strike Declaration of Jay Virbel. (Attachments: # 1 Proof of Service) (Sharma, Maneesh) Modified on 9/11/2014 (Marciel, M) (Entered: 09/10/2014)
|
Sept. 10, 2014
|
Sept. 10, 2014
|
27
|
JOINT STATUS REPORT by William A. Sassman. (Thompson, Blake) (Entered: 09/15/2014)
|
Sept. 15, 2014
|
Sept. 15, 2014
|
28
|
OPPOSITION by Jeffrey A. Beard, Edmund G. Brown, Jr to 20 MOTION to STRIKE All Affirmative Defenses in Defendants' Answer and Defendants' Demand for Jury Trial . (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 09/17/2014)
|
Sept. 17, 2014
|
Sept. 17, 2014
|
29
|
DECLARATION of Martine D'Agostino re 28 Opposition to Motion. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(D'Agostino, Martine) (Entered: 09/17/2014)
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Sept. 17, 2014
|
Sept. 17, 2014
|
30
|
PROPOSED ORDER re Granting Defendants' Motion for Leave to File an Amended Answer re 28 Opposition to Motion by Jeffrey A. Beard, Edmund G. Brown, Jr. (D'Agostino, Martine) (Entered: 09/17/2014)
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Sept. 17, 2014
|
Sept. 17, 2014
|
31
|
OPPOSITION by William A. Sassman to 25 Motion to Strike the Declarations of Eldon Vail and Jody Boyle. (Thompson, Blake) (Entered: 09/17/2014)
|
Sept. 17, 2014
|
Sept. 17, 2014
|
32
|
REPLY re 20 Motion to Strike by William A. Sassman. (Thompson, Blake) Modified on 9/25/2014 (Michel, G). (Entered: 09/24/2014)
|
Sept. 24, 2014
|
Sept. 24, 2014
|
33
|
MINUTES (Text Only) for proceedings held before Chief Judge Morrison C. England, Jr.: MOTIONS HEARING held on 10/1/2014. After argument from counsel, the Court denied the Plaintiff's Motion for Preliminary Injunction (ECF No. 5) and submitted the Plaintiff's Motion to Strike (ECF No. 20) and Defendants' Motion to Strike Declarations (ECF No. 25). A formal, written order is forthcoming. Plaintiff's Counsel Blake Thompson, present. Defendants' Counsel Martine D'Agostino, Jay Russell, Maneesh Sharma, present. Court Reporter: Michelle Babbitt. Interpreter none present. (Deutsch, S) (Entered: 10/01/2014)
|
Oct. 1, 2014
|
Oct. 1, 2014
|
35
|
MOTION for RECONSIDERATION of 33 Denial of Preliminary Injunction by William A. Sassman. Motion Hearing set for 11/13/2014 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Declaration of Shirley Sassman, # 2 Declaration of Colin Spears, M.D., # 3 Declaration of Blake Thompson, # 4 Proposed Order granting Motion for Preliminary Injunctio, # 5 Proposed Order granting Motion) (Thompson, Blake) Modified on 10/14/2014 (Marciel, M) (Entered: 10/09/2014)
|
Oct. 9, 2014
|
Oct. 9, 2014
|
36
|
MOTION to SHORTEN TIME for Plaintiff's Motion for Reconsideration of Denial of Preliminary Injunction by William A. Sassman. (Thompson, Blake) (Entered: 10/09/2014)
|
Oct. 9, 2014
|
Oct. 9, 2014
|
37
|
RESPONSE by Jeffrey A. Beard, Edmund G. Brown, Jr to 36 MOTION to SHORTEN TIME for Plaintiff's Motion for Reconsideration of Denial of Preliminary Injunction . (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 10/13/2014)
|
Oct. 13, 2014
|
Oct. 13, 2014
|
38
|
MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 10/14/2014. Plaintiff's 5 Motion for Preliminary Injunction is DENIED. Plaintiff's 22 Objections and Request to Strike is DENIED without prejudice. Defendants' 25 Motion to Strike is DENIED without prejudice. Plaintiff's 35 Motion for Reconsideration is DENIED in part. Plaintiff's 36 Motion to Shorten Time is GRANTED. Not later than 10/16/2014, government is required to respond to plaintiff& #039;s Request for accelerated Discovery and Summary Judgment schedule. Any Reply must be filed not later than 9:00 a.m. on 10/20/2014. In the meantime, scheduling deadlines are set as follows: A) Discovery i) All discovery, with the exception of Exp ert Discovery, shall be completed by 11/28/2014; ii) All expert discovery shall be completed by 12/31/2014. B) Motions for Summary Judgment i) Any Motion for Summary Judgment shall be filed not later than 1/30/2015; ii) Oppositions shall be filed not later than 2/20/2015; iii) Replies shall be filed not later than 3/5/2015; and iv) Motion for Summary Judgment Hearing is set on 3/19/2015 at 2:00 PM. (Marciel, M)
|
Oct. 14, 2014
|
Oct. 14, 2014
RECAP
|
39
|
RESPONSE by Jeffrey A. Beard, Edmund G. Brown, Jr., to 38 Order. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) Modified on 10/20/2014 (Kastilahn, A). (Entered: 10/16/2014)
|
Oct. 16, 2014
|
Oct. 16, 2014
|
40
|
DECLARATION of Jill Brown re 39 Response. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(D'Agostino, Martine) (Entered: 10/16/2014)
|
Oct. 16, 2014
|
Oct. 16, 2014
|
41
|
DECLARATION of Martine D'Agostino re 39 Response,. (D'Agostino, Martine) (Entered: 10/16/2014)
|
Oct. 16, 2014
|
Oct. 16, 2014
|
42
|
DECLARATION of Mark Mackler re 39 Response,. (D'Agostino, Martine) (Entered: 10/16/2014)
|
Oct. 16, 2014
|
Oct. 16, 2014
|
43
|
REPLY by William A. Sassman on MOTION for Reconsideration and Request for expedited briefing schedule 39 . (Attachments: # 1 Declaration of Blake Thompson)(Thompson, Blake) Modified on 10/20/2014 (Mena−Sanchez, L). (Entered: 10/19/2014)
|
Oct. 19, 2014
|
Oct. 19, 2014
|
44
|
MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr on 10/29/14 ORDERING Plaintiff's Motion to Strike 20 is GRANTED, but with leave to amend. Any amended answer must be filed not later than ten (10) days following the date this Order is electronically filed. (Becknal, R)
|
Oct. 29, 2014
|
Oct. 29, 2014
RECAP
|
45
|
MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Plaintiff's Motion for Reconsideration (ECF No. 35) scheduled for hearing on 11/13/2014, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date.(Deutsch, S) (Entered: 11/04/2014)
|
Nov. 4, 2014
|
Nov. 4, 2014
|
46
|
AMENDED ANSWER by Jeffrey A. Beard, Edmund G. Brown, Jr. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) Modified on 11/12/2014 (Mena−Sanchez, L). (Entered: 11/07/2014)
|
Nov. 7, 2014
|
Nov. 7, 2014
|
47
|
PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr., on 11/20/14 ORDERING that all discovery, with the exception of expert discovery, shall be completed by 11/28/15. Designation of Expert Witnesses due by 12/31/15. Motions for summary judgment shall be heard on 3/19/15, motion for summary judgment filed by 1/30/15, opposition filed by 2/20/15, and reply filed by 3/5/15. (Kastilahn, A)
|
Nov. 21, 2014
|
Nov. 21, 2014
RECAP
|
48
|
DESIGNATION/DISCLOSURE of EXPERT WITNESS by Jeffrey A. Beard, Edmund G. Brown, Jr. (Attachments: # 1 Exhibit A)(Sharma, Maneesh) (Entered: 12/31/2014)
|
Dec. 31, 2014
|
Dec. 31, 2014
|
49
|
DESIGNATION/DISCLOSURE of EXPERT WITNESS by William A. Sassman. (Swearingen, Richard) (Entered: 12/31/2014)
|
Dec. 31, 2014
|
Dec. 31, 2014
|
50
|
MOTION for SUMMARY JUDGMENT by William A. Sassman. Motion Hearing set for 3/19/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Statement of Undisputed Facts, # 3 Index of Exhibits, # 4 Declaration of Van Swearingen & Exs. A−N, # 5 Exhibit Exs. O−V of Swearingen Declaration, # 6 Exhibit Exs. W−DD of Swearingen Declaration, # 7 Declaration of William Sassman & Exs. A−H, # 8 Declaration of Sarah Fontaine & Exs. A−B, # 9 Declaration of Shean Collins, # 10 Request for Judicial Notice, # 11 Proposed Order)(Grunfeld, Gay) Modified on 2/10/2015 (Zignago, K.). (Entered: 01/30/2015)
|
Jan. 30, 2015
|
Jan. 30, 2015
|
51
|
MOTION for SUMMARY JUDGMENT by Jeffrey A. Beard, Edmund G. Brown, Jr. Motion Hearing set for 3/19/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 01/30/2015)
|
Jan. 30, 2015
|
Jan. 30, 2015
|
52
|
DECLARATION of Martine D'Agostino in SUPPORT OF 51 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(D'Agostino, Martine) (Entered: 01/30/2015)
|
Jan. 30, 2015
|
Jan. 30, 2015
|
53
|
DECLARATION of Jill Brown in SUPPORT OF 50 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A − Part 1, # 2 Exhibit A − Part 2, # 3 Exhibit A − Part 3, # 4 Exhibit A − Part 4, # 5 Exhibit A − Part 5)(D'Agostino, Martine) (Entered: 01/30/2015)
|
Jan. 30, 2015
|
Jan. 30, 2015
|
54
|
STATEMENT of Undisputed Material Facts by Defendants Jeffrey A. Beard, Edmund G. Brown, Jr re 51 MOTION for SUMMARY JUDGMENT. (D'Agostino, Martine) (Entered: 01/30/2015)
|
Jan. 30, 2015
|
Jan. 30, 2015
|
55
|
PROPOSED ORDER re Granting Defendants' 51 Motion for Summary Judgment. (D'Agostino, Martine) Modified on 2/10/2015 (Zignago, K.). (Entered: 01/30/2015)
|
Jan. 30, 2015
|
Jan. 30, 2015
|
56
|
MOTION to Exclude Expert Report and Testimony of Thomas G. Hoffman by Jeffrey A. Beard, Edmund G. Brown, Jr. Motion Hearing set for 3/19/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Sharma, Maneesh) Modified on 2/10/2015 (Zignago, K.). (Entered: 01/30/2015)
|
Jan. 30, 2015
|
Jan. 30, 2015
|
57
|
DECLARATION of Maneesh Sharma in SUPPORT OF 56 Motion to Exclude Expert Report and Testimony of Thomas G. Hoffman. (Attachments: # 1 Exhibit A)(Sharma, Maneesh) Modified on 2/10/2015 (Zignago, K.). (Entered: 01/30/2015)
|
Jan. 30, 2015
|
Jan. 30, 2015
|
58
|
PROPOSED ORDER re 56 Motion to Exclude Expert Report and Testimony of Thomas G. Hoffman by Jeffrey A. Beard, Edmund G. Brown, Jr. (Sharma, Maneesh) Modified on 2/10/2015 (Zignago, K.). (Entered: 01/30/2015)
|
Jan. 30, 2015
|
Jan. 30, 2015
|
59
|
DESIGNATION of COUNSEL FOR SERVICE., attorney Kathryn Grzenczyk Mantoan terminated (Grunfeld, Gay) (Entered: 02/04/2015)
|
Feb. 4, 2015
|
Feb. 4, 2015
|
61
|
OPPOSITION to 51 Motion for Summary Judgment by William A. Sassman. (Attachments: # 1 Declaration of Van Swearingen, # 2 Response to Separate Statement of Undisputed Material Facts) (Grunfeld, Gay) Modified on 2/23/2015 (Michel, G.). (Entered: 02/20/2015)
|
Feb. 20, 2015
|
Feb. 20, 2015
|
62
|
OPPOSITION to 50 Motion for Summary Judgment by Jeffrey A. Beard, Edmund G. Brown, Jr. (Attachments: # 1 Declaration of Rodger Meier, # 2 Exhibit A, # 3 Declaration of Martine D'Agostino, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Response to Separate Statement of Undisputed Material Facts) (D'Agostino, Martine) Modified on 2/23/2015 (Michel, G.). (Entered: 02/20/2015)
|
Feb. 20, 2015
|
Feb. 20, 2015
|
63
|
REPLY by Jeffrey A. Beard, Edmund G. Brown, Jr re 51 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 03/05/2015)
|
March 5, 2015
|
March 5, 2015
|
64
|
DECLARATION of Martine D'Agostino re 63 Reply. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(D'Agostino, Martine) (Entered: 03/05/2015)
|
March 5, 2015
|
March 5, 2015
|
65
|
DECLARATION of Robin Harrington re 63 Reply. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(D'Agostino, Martine) (Entered: 03/05/2015)
|
March 5, 2015
|
March 5, 2015
|
66
|
REPLY by William A. Sassman re 50 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Declaration of Van Swearingen in Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendants' Motion to Exclude Thomas Hoffman)(Grunfeld, Gay) (Entered: 03/05/2015)
|
March 5, 2015
|
March 5, 2015
|
67
|
OPPOSITION by William A. Sassman to 56 MOTION to Exclude Expert Report and Testimony of Thomas G. Hoffman. (Grunfeld, Gay) (Entered: 03/05/2015)
|
March 5, 2015
|
March 5, 2015
|
68
|
OPPOSITION by Jeffrey A. Beard, Edmund G. Brown, Jr to 60 MOTION to STRIKE Reports and Testimony of Messina . (Attachments: # 1 Declaration Dr. Nena Messina)(Sharma, Maneesh) (Entered: 03/05/2015)
|
March 5, 2015
|
March 5, 2015
|
69
|
MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g) the Plaintiff's Motion for Summary Judgment (ECF No. 50), Defendant's Motion for Summary Judgment (ECF No. 51) and Plaintiff's Motions to Strike (ECF No. 56 and 60), scheduled for hearing on March 19, 2015, are submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) (Entered: 03/11/2015)
|
March 11, 2015
|
March 11, 2015
|
70
|
REPLY in support of 60 Motion to Strike Reports and Testimony of Nena Messina by William A. Sassman. (Grunfeld, Gay) Modified on 3/13/2015 (Michel, G.). (Entered: 03/12/2015)
|
March 12, 2015
|
March 12, 2015
|
71
|
DECLARATION of Van Swearingen in support of 60 Motion to Strike Reports and Testimony of Nena Messina. (Swearingen, Richard) Modified on 3/13/2015 (Michel, G.). (Entered: 03/12/2015)
|
March 12, 2015
|
March 12, 2015
|
72
|
REPLY in support of 56 Motion to Exclude Expert Report and Testimony of Thomas G. Hoffman by Jeffrey A. Beard, Edmund G. Brown, Jr. (Attachments: # 1 Proof of Service) (Sharma, Maneesh) Modified on 3/13/2015 (Michel, G.). (Entered: 03/12/2015)
|
March 12, 2015
|
March 12, 2015
|
73
|
DECLARATION of Maneesh Sharma re 72 Reply. (Attachments: # 1 Exhibit A) (Sharma, Maneesh) (Entered: 03/12/2015)
|
March 12, 2015
|
March 12, 2015
|
74
|
NOTICE of Supplemental Authority by William A. Sassman. (Grunfeld, Gay) (Entered: 06/30/2015)
|
June 30, 2015
|
June 30, 2015
|
76
|
RELATED CASE ORDER signed by Chief Judge Morrison C. England, Jr. on 8/31/2015 FINDING that this matter is related to the action denominated 2:15-cv-01722 JAM AC within the meaning of Local Rule 123(a); REASSIGNING the related case to Chief Judge Morrison C. England, Jr. and Magistrate Judge Kendall J. Newman for all further proceedings; DIRECTING the Clerk of Court to make the appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Michel, G.)
|
Sept. 1, 2015
|
Sept. 1, 2015
RECAP
|
77
|
MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr. on 09/08/15 ORDERING that California's decision to open an alternative custody program to female inmates only and to permit them to apply for release up to two years prior to their earliest possible release date violates the Equal Protection Clause of 14th Amendment to the U.S. Constitution; defendant's 51 Motion for Summary Judgment is DENIED; plaintiff's 50 Motion for Summary Judgment is GRANTED; both 56 60 Motions to Strike are DENIED. Defendants are hereby enjoined and prohibited from applying and/or enforcing the female-only provisions of California Penal Code § 1170.05(a) and (c) in the implementation and administration of the ACP. CDCR shall immediately CEASE denying admission to the ACP on the basis that an applicant is male. Male prisoners shall be accepted into the ACP if they are otherwise eligible under Penal Code section 1170.05 and the implementing regulations. Within 30 calendar days, CDCR shall modify its website and any application forms, regulations, and materials provided to prisoners and the public about the ACP to remove any reference to the requirement that a prisoner must be female to apply or partici pate. This Order shall apply to defendants, their agents, employees, successors in office, and all persons with knowledge of it. No person who has notice of this injunction shall fail to comply with it, nor shall any person subvert the injunction by any sham, indirection, or other artifice. The Court retains jurisdiction to enforce the terms of this injunction. CASE CLOSED (Benson, A)
|
Sept. 9, 2015
|
Sept. 9, 2015
RECAP
|
78
|
JUDGMENT dated *09/09/15* pursuant to order signed by Chief Judge Morrison C. England, Jr. on 09/09/15. (Benson, A) (Entered: 09/09/2015)
|
Sept. 9, 2015
|
Sept. 9, 2015
|
79
|
STIPULATION and PROPOSED ORDER for Extension of Time for Application for Fees and Costs by William A. Sassman. (Grunfeld, Gay) (Entered: 09/21/2015)
|
Sept. 21, 2015
|
Sept. 21, 2015
|
80
|
BILL of COSTS SUBMITTED by William A. Sassman. (Thompson, Blake) (Entered: 09/23/2015)
|
Sept. 23, 2015
|
Sept. 23, 2015
|
81
|
NOTICE of CHANGE of ADDRESS by Richard Van Swearingen. (Swearingen, Richard) (Entered: 09/25/2015)
|
Sept. 25, 2015
|
Sept. 25, 2015
|
82
|
STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 9/25/2015 ORDERING the plaintiff to file his application for attorneys' fees and costs by 12/4/2015. (Michel, G.)
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Sept. 28, 2015
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Sept. 28, 2015
RECAP
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83
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MOTION TO MODIFY DEADLINES in the 9/9/15 ORDER [FED. R. CIV. P. 60(b)(6)] by Jeffrey A. Beard, Edmund G. Brown, Jr. Attorney Bower, Alicia Anne added. Motion Hearing set for 11/12/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Bower, Alicia) Modified on 10/9/2015 (Kastilahn, A). (Entered: 10/07/2015)
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Oct. 7, 2015
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Oct. 7, 2015
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84
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DECLARATION of Jay Virbel re 83 MOTION TO MODIFY DEADLINES IN SEPTEMBER 9, 2015 ORDER [FED. R. CIV. P. 60(b)(6)]. (Attachments: # 1 Exhibit A)(Bower, Alicia) (Entered: 10/07/2015)
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Oct. 7, 2015
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Oct. 7, 2015
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85
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PROPOSED ORDER re 83 DEFENDANTS' MOTION TO MODIFY DEADLINES in the 9/9/15 Order [FED. R. CIV. P. 60(b)(6)] by Jeffrey A. Beard, Edmund G. Brown, Jr. (Bower, Alicia) Modified on 10/9/2015 (Kastilahn, A). (Entered: 10/07/2015)
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Oct. 7, 2015
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Oct. 7, 2015
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86
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NOTICE of APPEAL by Jeffrey A. Beard, Edmund G. Brown, Jr. (Filing fee $ 505, receipt number 0972−6118563) (Attachments: # 1 Exhibit Attachments A & B)(D'Agostino, Martine) (Entered: 10/09/2015)
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Oct. 9, 2015
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Oct. 9, 2015
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88
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MOTION to ENFORCE JUDGMENT by William A. Sassman. Motion Hearing set for 11/12/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Blake Thompson, # 3 Declaration of Bayardo Escobar, # 4 Proposed Order)(Thompson, Blake) Modified on 10/19/2015 (Zignago, K.). (Entered: 10/15/2015)
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Oct. 15, 2015
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Oct. 15, 2015
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89
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COSTS TAXED in amount of $ 11,963.56 against Defendants. (Kaminski, H) (Entered: 10/20/2015)
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Oct. 19, 2015
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Oct. 19, 2015
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90
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OPPOSITION by Jeffrey A. Beard, Edmund G. Brown, Jr to 88 MOTION to ENFORCE JUDGMENT . (D'Agostino, Martine) (Entered: 10/29/2015)
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Oct. 29, 2015
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Oct. 29, 2015
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91
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DECLARATION of Jay Virbel re 90 Opposition to Motion. (D'Agostino, Martine) (Entered: 10/29/2015)
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Oct. 29, 2015
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Oct. 29, 2015
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92
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OPPOSITION by William A. Sassman to 83 MOTION TO MODIFY DEADLINES IN SEPTEMBER 9, 2015 ORDER. (Attachments: # 1 Declaration of Blake Thompson. (Thompson, Blake) Modified on 10/29/2015 (Kaminski, H). (Entered: 10/29/2015)
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Oct. 29, 2015
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Oct. 29, 2015
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93
|
DESIGNATION OF COUNSEL FOR SERVICE: Attorney Jesse Abram Stout TERMINATED. (Thompson, Blake) (Entered: 11/05/2015)
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Nov. 5, 2015
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Nov. 5, 2015
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94
|
REPLY re 88 Motion to Enforce Judgment by William A. Sassman. (Thompson, Blake) Modified on 11/25/2015 (Michel, G.). (Entered: 11/05/2015)
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Nov. 5, 2015
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Nov. 5, 2015
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95
|
REPLY in support of 83 Motion to Modify Deadlines re 77 Memorandum and Order by Jeffrey A. Beard, Edmund G. Brown, Jr. (Attachments: # 1 Declaration of Jay Virbel) (D'Agostino, Martine) Modified on 11/25/2015 (Michel, G.). (Entered: 11/05/2015)
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Nov. 5, 2015
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Nov. 5, 2015
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96
|
MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion to Modify Deadlines (ECF No. 93) and Plaintiffs' Motion to Enforce Judgment (ECF No. 88), both scheduled for hearing on November 12, 2015, are submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 11/09/2015)
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Nov. 9, 2015
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Nov. 9, 2015
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97
|
STIPULATION and PROPOSED ORDER for Extension of Time to File Fee Application by William A. Sassman. (Grunfeld, Gay) (Entered: 11/19/2015)
|
Nov. 19, 2015
|
Nov. 19, 2015
|
98
|
ORDER signed by Chief Judge Morrison C. England, Jr on 11/30/2015 ORDERING 97 that the deadline for Plaintiff to file his application for attorneys' fees and costs is hereby EXTENDED up to and including 1/11/2016. (Reader, L)
|
Dec. 1, 2015
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Dec. 1, 2015
RECAP
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99
|
USCA CASE NUMBER 15−17052 for 86 Notice of Appeal filed by Jeffrey A. Beard, Edmund G. Brown, Jr.. (Zignago, K.) (Entered: 12/01/2015)
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Dec. 1, 2015
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Dec. 1, 2015
|
100
|
MEMORANDUM, and ORDER signed by Chief Judge Morrison C. England, Jr on 12/15/15 ORDERING that Defendants' Motion to Modify Deadlines ECF No. 83 is GRANTED, and Plaintiff's Motion to Enforce Judgment ECF No. 88 is DENIED. The deadlines set forth in the conclusion of the Court's 9/9/15, Memorandum and Order ECF No. 77 , are hereby EXTENDED to 4/9/2016.(Mena-Sanchez, L)
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Dec. 15, 2015
|
Dec. 15, 2015
RECAP
|
101
|
STIPULATION and PROPOSED ORDER for extension of time to file fee application by William A. Sassman. (Grunfeld, Gay) Modified on 12/23/2015 (Marciel, M) (Entered: 12/23/2015)
|
Dec. 23, 2015
|
Dec. 23, 2015
|
102
|
STIPULATION and ORDER signed by Judge John A. Mendez on 01/07/2016 ORDERING that the deadline for plaintiff to submit an application for attorneys' fees and costs is EXTENDED to 02/10/16. (Jackson, T)
|
Jan. 7, 2016
|
Jan. 7, 2016
RECAP
|
103
|
STIPULATION and PROPOSED ORDER for Extension of Time to File Fee Application by William A. Sassman. (Grunfeld, Gay) (Entered: 01/29/2016)
|
Jan. 29, 2016
|
Jan. 29, 2016
|
104
|
STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 2/2/2016 ORDERING the plaintiff to file his application for attorneys' fees and costs by 3/11/2016. (Michel, G.)
|
Feb. 4, 2016
|
Feb. 4, 2016
RECAP
|
105
|
NOTICE by William A. Sassman re CDCR non−compliance with 77 Order (Zignago, K.) (Entered: 02/17/2016)
|
Feb. 16, 2016
|
Feb. 16, 2016
|
106
|
ORDER and MANDATE of USCA as to 86 Notice of Appeal: Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties agree to bear their own costs and attorneys' fees on appeal. (Benson, A) (Entered: 03/16/2016)
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March 16, 2016
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March 16, 2016
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