Case: Hart v. Clendenin

COMPLAINT Receipt No: ACACDC-27510027 - Fee: $400, filed by Plaintiffs Richard Hart, Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Attorney Samantha J Choe added to party Charles Gluck(pty:pla), Attorney Samantha J Choe added to party Richard Hart(pty:pla), Attorney Samantha J Choe added to party Aldo Hernandez(pty:pla), Attorney Samantha J Choe added to party Ervin Longstreet(pty:pla), Attorney Samantha J Choe added to party Graham Waldrop(pty:pla))(Choe, Samantha) (Entered: 08/05/2020)

CIVIL COVER SHEET filed by Plaintiffs Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Choe, Samantha) (Entered: 08/05/2020)

CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, (Choe, Samantha) (Entered: 08/05/2020)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Choe, Samantha) (Entered: 08/05/2020)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Choe, Samantha) (Entered: 08/05/2020)

NOTICE of Related Case(s) filed by Plaintiffs Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. Related Case(s): 19-cv-01546-JGB (SHKx); 08:20-cv-00835-JGB (SHKx); 2:20-cv-4450-CBM (PVC); 5:20-cv-00768-JTH (PVC); 20-cv-00605-TJH (AFMx); 2:20-cv-03172-ODW (MRWx) (Choe, Samantha) (Entered: 08/05/2020)

NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (ghap) (Entered: 08/06/2020)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 08/06/2020)

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Janine Wallace. (ghap) (Entered: 08/06/2020)

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Stephanie Clendenin. (ghap) (Entered: 08/06/2020)

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 5:18-cv-02604 JGB (SHKx). Case transferred from Magistrate Judge Kenly Kiya Kato to Magistrate Judge Shashi H. Kewalramani for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:20-cv-01559 JGB (SHKx). Signed by Magistrate Judge Shashi H. Kewalramani (esa) (Entered: 08/07/2020)

STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) (Entered: 08/07/2020)

WAIVER OF SERVICE Returned Executed filed by Defendants Stephanie Clendenin, Janine Wallace. upon Stephanie Clendenin waiver sent by Plaintiff on 8/12/2020, answer due 10/13/2020. Waiver of Service signed by Lisa Tillman. (Tillman, Lisa) (Entered: 08/19/2020)

WAIVER OF SERVICE Returned Executed filed by Defendants Stephanie Clendenin, Janine Wallace. upon Janine Wallace waiver sent by Plaintiff on 8/12/2020, answer due 10/13/2020. Waiver of Service signed by Lisa Tillman. (Tillman, Lisa) (Entered: 08/19/2020)

STIPULATION for Extension of Time to File Response as to Complaint (Attorney Civil Case Opening), 1 filed by Defendant Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Proposed Order Re Extension of Time to Respond to Complaint)(Tillman, Lisa) (Entered: 10/13/2020)

AMENDED DOCUMENT filed by Defendants Stephanie Clendenin, Janine Wallace. Amendment to Stipulation for Extension of Time to File Response/Reply, 15 Amended Certificate of Service (Tillman, Lisa) (Entered: 10/13/2020)

ORDER by Judge Jesus G. Bernal, Granting Stipulation for Extension of Time to File Response/Reply 15 . The deadline for Defendants Clendenin and Wallace to file a response to the complaint is extended to 11/13/20. (twdb) (Entered: 10/15/2020)

STIPULATION for Extension of Time to File as to Order 17, Complaint (Attorney Civil Case Opening), 1 filed by Defendants Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Proposed Order re Second Extension of Time to Respond to Complaint and Request for Status Conference)(Tillman, Lisa) (Entered: 11/18/2020)

ORDER by Judge Jesus G. Bernal, Granting Stipulated Second Extension of Time to Respond to Complaint and Request for Status Conference 18 . The deadline for Defendants Clendenin and Wallace to file a response to the complaint is extended to December 14, 2020. A status conference is set for December 7, 2020. The Parties shall submit a joint status report no later than three business days prior to the status conference. (twdb) (Entered: 11/19/2020)

STIPULATION to Dismiss Plaintiff Richard Hart filed by Plaintiff Richard Hart, Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Attachments: # 1 Proposed Order)(Choe, Samantha) (Entered: 12/02/2020)

STATUS REPORT filed by Plaintiffs Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Choe, Samantha) (Entered: 12/02/2020)

APPLICATION of Non-Resident Attorney Yohan J. Balan to Appear Pro Hac Vice on behalf of Plaintiffs Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29333112) filed by Plaintiff Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Attachments: # 1 Proposed Order) (Choe, Samantha) (Entered: 12/03/2020)

SCHEDULING NOTICE by Judge Jesus G. Bernal. The STATUS CONFERENCE will go forward on Monday, December 7, 2020 at 11:00 a.m. The hearing will proceed via telephone. Call (877)336-1831 Access Code 4899258. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 12/04/2020)

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Yohan J. Balan to Appear Pro Hac Vice on behalf of Plaintiffs Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29333112) 22 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (Thrasher, Lupe) (Entered: 12/04/2020)

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MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Jesus G. Bernal. A telephonic status conference convened. Counsel inform the Court that they are working to resolve the case, and if no resolution is reached, plaintiff will seek injunctive relief. Other matters are discussed as stated on the record. Court Reporter: Phyllis A. Preston. (lom) (Entered: 12/28/2020)

APPLICATION of Non-Resident Attorney Yohan J. Balan to Appear Pro Hac Vice on behalf of Plaintiffs Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop (Pro Hac Vice Fee - $500.00 Previously Paid on 12/3/2020, Receipt No. 29333112) filed by Plaintiff Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Attachments: # 1 Proposed Order) (Choe, Samantha) (Entered: 12/08/2020)

Notice of Electronic Filing re Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form, 24, APPLICATION of Non-Resident Attorney Yohan J. Balan to Appear Pro Hac Vice on behalf of Plaintiffs Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop (Pro Hac Vice Fee - $500.00 Previously Paid on 12/3/2020, Receipt N 25 e-mailed to Yohan J. Balan at yblan@cov.com bounced due to typo in email address. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to ybalan@cov.com. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY (Entered: 12/08/2020)

ORDER RE: DISMISSAL OF PLAINTIFF RICHARD HART 20 by Judge Jesus G. Bernal. This Court hereby adopts the stipulation as an order of the court. Plaintiff Richard Hart is dismissed from the case without prejudice. (et) (Entered: 12/08/2020)

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First NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Stephanie Clendenin, Janine Wallace. Motion set for hearing on 1/25/2021 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Memorandum of Points and Authorities ISO Motion to Dismiss Action, # 2 Declaration of Lisa Tillman ISO Motion to Dismiss Action, # 3 Supplement Request for Judicial Notice ISO Motion to Dismiss Action, # 4 Exhibit Index of Exhibits ISO) (Tillman, Lisa) (Entered: 12/14/2020)

MEMORANDUM in Support of Motion to Stay Action filed by Defendants Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Memorandum Defendants Notice of Motion to Stay Action, # 2 Memorandum Request for Judicial Notice ISO Motion to Stay Action, # 3 Declaration Declaration of Lisa Tillman, # 4 Declaration Declaration of Ellen Bachman, # 5 Exhibit Index of ISO Motion to Stay Action, # 6 Proposed Order Proposed Order, # 7 Affidavit Certificate of Service)(Tillman, Lisa) (Entered: 12/14/2020)

EX PARTE APPLICATION for Temporary Restraining Order as to Expedited Relief filed by Plaintiff Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Attachments: # 1 Declaration of Albert Aleman, # 2 Declaration of Luke Freund, # 3 Declaration of Charles Gluck, # 4 Declaration of Tulio Grajeda, # 5 Declaration of Lawrence Heine, # 6 Declaration of Aldo Hernandez, # 7 Declaration of Charles Jackson, # 8 Declaration of Ervin Longstreet, # 9 Exhibit A to Longstreet Declaration, # 10 Declaration of Kenneth Lowery, # 11 Declaration of Jose Marin, # 12 Declaration of James Moore, # 13 Declaration of Paul Quintana, # 14 Declaration of Ricardo Tapia, # 15 Declaration of Graham Waldrop, # 16 Declaration of Peter Chin-Hong, M.D., # 17 Exhibit A to Chin-Hong Declaration, # 18 Declaration of Elizabeth Jones, # 19 Exhibit A to Jones Declaration, # 20 Declaration of Heather C. Leutwyler, # 21 Exhibit A to Leutwyler Declaration, # 22 Exhibit B to Leutwyler Declaration, # 23 Exhibit C to Leutwyler Declaration, # 24 Declaration of Anne Hadreas, # 25 Exhibit A to Hadreas Declaration, # 26 Exhibit B to Hadreas Declaration, # 27 Exhibit C to Hadreas Declaration, # 28 Exhibit D to Hadreas Declaration, # 29 Exhibit E to Hadreas Declaration, # 30 Exhibit F to Hadreas Declaration, # 31 Exhibit G to Hadreas Declaration, # 32 Exhibit H to Hadreas Declaration, # 33 Exhibit I to Hadreas Declaration, # 34 Exhibit J to Hadreas Declaration, # 35 Exhibit K to Hadreas Declaration, # 36 Exhibit L to Hadreas Declaration, # 37 Exhibit M to Hadreas Declaration, # 38 Exhibit N to Hadreas Declaration, # 39 Exhibit O to Hadreas Declaration, # 40 Exhibit P to Hadreas Declaration, # 41 Exhibit Q to Hadreas Declaration, # 42 Exhibit R to Hadreas Declaration, # 43 Declaration of Kim Pederson, # 44 Proposed Order) (Choe, Samantha) (Entered: 12/14/2020)

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EX PARTE APPLICATION to Certify Class filed by Plaintiff Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Attachments: # 1 Declaration of Albert Aleman, # 2 Declaration of Luke Freund, # 3 Declaration of Charles Gluck, # 4 Declaration of Tulio Grajeda, # 5 Declaration of Lawrence Heine, # 6 Declaration of Aldo Hernandez, # 7 Declaration of Charles Jackson, # 8 Declaration of Ervin Longstreet, # 9 Exhibit A to Longstreet Declaration, # 10 Declaration of Kenneth Lowery, # 11 Declaration of Jose Marin, # 12 Declaration of James Moore, # 13 Declaration of Paul Quintana, # 14 Declaration of Ricardo Tapia, # 15 Declaration of Graham Waldrop, # 16 Declaration of Peter Chin-Hong, M.D., # 17 Exhibit A to Chin-Hong Declaration, # 18 Declaration of Elizabeth Jones, # 19 Exhibit A to Jones Declaration, # 20 Declaration of Heather C. Leutwyler, # 21 Exhibit A to Leutwyler Declaration, # 22 Exhibit B to Leutwyler Declaration, # 23 Exhibit C to Leutwyler Declaration, # 24 Declaration of Samantha Choe, # 25 Declaration of Aaron J. Fischer, # 26 Declaration of Anne Hadreas, # 27 Exhibit A to Hadreas Declaration, # 28 Exhibit B to Hadreas Declaration, # 29 Exhibit C to Hadreas Declaration, # 30 Exhibit D to Hadreas Declaration, # 31 Exhibit E to Hadreas Declaration, # 32 Exhibit F to Hadreas Declaration, # 33 Exhibit G to Hadreas Declaration, # 34 Exhibit H to Hadreas Declaration, # 35 Exhibit I to Hadreas Declaration, # 36 Exhibit J to Hadreas Declaration, # 37 Exhibit K to Hadreas Declaration, # 38 Exhibit L to Hadreas Declaration, # 39 Exhibit M to Hadreas Declaration, # 40 Exhibit N to Hadreas Declaration, # 41 Exhibit O to Hadreas Declaration, # 42 Exhibit P to Hadreas Declaration, # 43 Exhibit Q to Hadreas Declaration, # 44 Exhibit R to Hadreas Declaration, # 45 Declaration of Kim Pederson, # 46 Proposed Order) (Choe, Samantha) (Entered: 12/14/2020)

1 Declaration of Albert Aleman

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2 Declaration of Luke Freund

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3 Declaration of Charles Gluck

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4 Declaration of Tulio Grajeda

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5 Declaration of Lawrence Heine

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6 Declaration of Aldo Hernandez

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7 Declaration of Charles Jackson

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8 Declaration of Ervin Longstreet

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9 Exhibit A to Longstreet Declaration

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10 Declaration of Kenneth Lowery

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11 Declaration of Jose Marin

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12 Declaration of James Moore

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13 Declaration of Paul Quintana

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14 Declaration of Ricardo Tapia

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15 Declaration of Graham Waldrop

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16 Declaration of Peter Chin-Hong, M.D.

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17 Exhibit A to Chin-Hong Declaration

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18 Declaration of Elizabeth Jones

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19 Exhibit A to Jones Declaration

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20 Declaration of Heather C. Leutwyler

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21 Exhibit A to Leutwyler Declaration

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22 Exhibit B to Leutwyler Declaration

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23 Exhibit C to Leutwyler Declaration

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24 Declaration of Samantha Choe

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25 Declaration of Aaron J. Fischer

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26 Declaration of Anne Hadreas

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27 Exhibit A to Hadreas Declaration

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28 Exhibit B to Hadreas Declaration

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29 Exhibit C to Hadreas Declaration

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30 Exhibit D to Hadreas Declaration

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31 Exhibit E to Hadreas Declaration

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32 Exhibit F to Hadreas Declaration

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33 Exhibit G to Hadreas Declaration

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34 Exhibit H to Hadreas Declaration

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35 Exhibit I to Hadreas Declaration

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36 Exhibit J to Hadreas Declaration

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37 Exhibit K to Hadreas Declaration

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38 Exhibit L to Hadreas Declaration

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39 Exhibit M to Hadreas Declaration

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40 Exhibit N to Hadreas Declaration

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41 Exhibit O to Hadreas Declaration

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42 Exhibit P to Hadreas Declaration

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43 Exhibit Q to Hadreas Declaration

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44 Exhibit R to Hadreas Declaration

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45 Declaration of Kim Pederson

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46 Proposed Order

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NOTICE of Errata filed by Defendants Stephanie Clendenin, Janine Wallace. AMENDED (Attachments: # 1 Memorandum of Points and Authorities ISO Motion for Stay, # 2 Declaration of Service)(Tillman, Lisa) (Entered: 12/15/2020)

ORDER by Judge Jesus G. Bernal: Granting 22 25 Non-Resident Attorney Yohan J. Balan APPLICATION to Appear Pro Hac Vice on behalf of Richard Hart, Ervin Longstreet, Aldo Hernandez, Charles Gluck, Graham Waldrop, Plaintiffs, designating Mark Y. Chen as local counsel. (twdb) (Entered: 12/16/2020)

ORDER by Judge Jesus G. Bernal, Granting APPLICATION of Non-Resident Attorney Yohan J. Balan to Appear Pro Hac Vice on behalf of Plaintiffs Charles Gluck, Richard Hart, Aldo Hernandez, Ervin Longstreet, Graham Waldrop (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29333112) 22 25 . (twdb) (Entered: 12/17/2020)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Dismiss Case 28 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 12/16/2020)

SCHEDULING NOTICE by Judge Jesus G. Bernal. A hearing on PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER 30 is set for Tuesday, December 22, 2020 at 2:00 p.m. The hearing will be telephonic. Dial (877)336-1831 Access Code: 4899258. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 12/17/2020)

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First EX PARTE APPLICATION to Shorten Time for Hearing on, First EX PARTE APPLICATION to Stay Case pending Action filed by Defendants Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Memorandum of Points and Authorities ISO, # 2 Declaration of Lisa Tillman ISO, # 3 Proposed Order ISO, # 4 Declaration Certificate of Service) (Tillman, Lisa) (Entered: 12/18/2020)

MINUTES OF TELEPHONIC HEARING ON PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER 30 held before Judge Jesus G. Bernal. A telephonic hearing convened. The Court ordered counsel to meet and confer to agree on a briefing schedule and report to the court by December 23, 2020. IT IS SO ORDERED. Court Reporter: Phyllis A. Preston. (lom) (Entered: 12/28/2020)

SUPPLEMENT to EX PARTE APPLICATION to Certify Class 31, EX PARTE APPLICATION for Temporary Restraining Order as to Expedited Relief 30 Hand-Signed Declarations filed by Plaintiffs Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Attachments: # 1 Declaration Luke Freund, # 2 Declaration Tulio Grajeda, # 3 Declaration Lawrence Heine, # 4 Declaration Kenneth Lowery, # 5 Declaration James Moore, # 6 Declaration Paul Quintana, # 7 Declaration Ricardo Tapia)(Pederson, Kimberly) (Entered: 12/23/2020)

STATUS REPORT Following 12/22 Court Hearing filed by Plaintiffs Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Pederson, Kimberly) (Entered: 12/23/2020)

NOTICE of Appearance filed by attorney Kevin L Quade on behalf of Defendants Stephanie Clendenin, Janine Wallace (Attorney Kevin L Quade added to party Stephanie Clendenin(pty:dft), Attorney Kevin L Quade added to party Janine Wallace(pty:dft))(Quade, Kevin) (Entered: 12/24/2020)

REQUEST for Extension of Time to File For Additional Time to File an Opposition filed by Attorney Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Declaration of Andrew Z. Edelstein, # 2 Proposed Order) (Quade, Kevin) (Entered: 12/24/2020)

MINUTE Order (1) SETTING Briefing Schedule (IN CHAMBERS) by Judge Jesus G. Bernal. The Court sets the following briefing schedule for Plaintiffs' Ex Parte Application for a Temporary Restraining Order (Dkt. No. 30), Plaintiffs' Ex Parte Application to Certify a Class (Dkt. No. 31), and Defendants Motion to Stay the Action (Dkt. No. 29): Both parties shall file briefing in opposition to their opponents' motions no later than January 4, 2021. Both parties may file reply briefing in support of their own motions no later than January 8, 2021. There will be a telephonic hearing on all three motions on Tuesday, January 12, 2021 at 2:00 p.m. The Court will decide at the January 12 hearing whether it requires an evidentiary hearing. See minute order for details. (lom) (Entered: 12/28/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Andrew Zachary Edelstein counsel for Defendants Stephanie Clendenin, Janine Wallace. Adding Andrew Z. Edelstein as counsel of record for Defendants, Stephanie Clendenin and Janine Wallace for the reason indicated in the G-123 Notice. Filed by Defendants Stephanie Clendenin and Janine Wallace. (Attorney Andrew Zachary Edelstein added to party Stephanie Clendenin(pty:dft), Attorney Andrew Zachary Edelstein added to party Janine Wallace(pty:dft))(Edelstein, Andrew) (Entered: 01/04/2021)

MEMORANDUM in Opposition to Motion to Stay Action (Dkt. No. 29) filed by Plaintiffs Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Attachments: # 1 Supplemental Declaration of Peter Chin-Hong, # 2 Proposed Order)(Choe, Samantha) (Entered: 01/04/2021)

Defendants Opposition To Plaintiffs Ex Parte Application For Provisional Class Certification re: EX PARTE APPLICATION to Certify Class 31 filed by Defendants Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Declaration Declaration of Mark Grabau in support of Defendants' opposition, # 2 Declaration Declaration of Janine Wallace in support of Defendants' Opposition, # 3 Declaration Declaration of Katherine Warburton in support of Defendants' Opposition, # 4 Supplement Defendants' Request for Judicial Notice in support of Defendants' Opposition to Plaintiffs' Ex Parte application for Provisional class certification, # 5 Supplement Defendants' objections to Proffered Declaration of Albert Aleman in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 6 Supplement Defendants' objections to Proffered Declaration of Aldo Hernandez in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 7 Supplement Defendants' objections to Proffered Declaration of Anne Hadreas, esquire in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 8 Supplement Defendants' objections to Proffered Declaration of Charles Jackson in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 9 Supplement Defendants' objections to Proffered Declaration of Ervin Longstreet in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 10 Supplement Defendants' objections to Proffered Declaration of Graham Waldrop in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 11 Supplement Defendants' objections to Proffered Declaration of Heather Leutwyler in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 12 Supplement Defendants' objections to Proffered Declaration of James Moore in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 13 Supplement Defendants' objections to Proffered Declaration of Kenneth Lowery in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 14 Supplement Defendants' objections to Proffered Declaration of Kim Pederson, esquire in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 15 Supplement Defendants' objections to Proffered Declaration of Lawrence Heine in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 16 Supplement Defendants' objections to Proffered Declaration of Luke Freund in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 17 Supplement Defendants' objections to Proffered Declaration of Paul Quintana in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 18 Supplement Defendants' objections to Proffered Declaration of Peter Chin-Hong, M.D. in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 19 Supplement Defendants' objections to Proffered Declaration of Ricardo Tapia in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 20 Supplement Defendants' objections to Proffered Declaration of Tulio Grajeda in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification, # 21 Supplement Defendants' objections to Proffered Declaration of Jose Marin in support of Plaintiffs' Ex Parte application for temporary restraining order and ex parte application for provisional class certification)(Edelstein, Andrew) (Entered: 01/04/2021)

MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Dismiss Case 28 filed by Plaintiffs Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Attachments: # 1 Proposed Order)(Choe, Samantha) (Entered: 01/04/2021)

RESPONSE filed by Defendants Stephanie Clendenin, Janine Wallace in Opposition to Application for Temporary Restraining Order (Attachments: # 1 Supplement Request for Judicial Notice, # 2 Exhibit Index of, # 3 Exhibit 1-10, # 4 Exhibit 11-20, # 5 Exhibit 21-30, # 6 Exhibit 31-35, # 7 Declaration of Arguello, # 8 Declaration of Grabau, # 9 Declaration of Guzman, # 10 Declaration of Kaufman, # 11 Declaration of Melikian.pdf, # 12 Declaration of Bachman, # 13 Declaration of Calkin, # 14 Declaration of DiCero, # 15 Declaration of Ordaz, # 16 Declaration of Ventura, # 17 Declaration of Warburton, # 18 Declaration of Siegel, # 19 Declaration of Wallace)(Tillman, Lisa) (Entered: 01/04/2021)

to Declarations In Support of Opposition re: EX PARTE APPLICATION to Certify Class 31 Objection filed by Defendants Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Supplement Objection to Hernandez, # 2 Supplement Objection to Hadreas, # 3 Supplement Objection to Gluck, # 4 Supplement Objection to Jackson, # 5 Supplement Objection to Jones, # 6 Supplement Objection to Longstreet, # 7 Supplement Objection to Waldrop, # 8 Supplement Objection to Moore, # 9 Supplement Objection to Marin, # 10 Supplement Objection to Lowery, # 11 Supplement Objection to Pederson, # 12 Supplement Objection to Heine, # 13 Supplement Objection to Freund, # 14 Supplement Objection to Quintana, # 15 Supplement Objection to Chin Hong, # 16 Supplement Objection to Tapia, # 17 Supplement Objection to Grajeda, # 18 Supplement Objection to Leutwyler, # 19 Declaration of Service Certificate)(Tillman, Lisa) (Entered: 01/04/2021)

DECLARATION of Schaufenbil re Response,, 49 in Support of Opposition to Temporary Restraining Order filed by Defendants Stephanie Clendenin, Janine Wallace. (Tillman, Lisa) (Entered: 01/05/2021)

Notice of Change of Attorney Contact Information filed by Plaintiffs Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldrop (Stark, Jennifer) (Entered: 01/08/2021)

REPLY Opposition First EX PARTE APPLICATION to Shorten Time for Hearing on First EX PARTE APPLICATION to Stay Case pending Action 37 filed by Defendants Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Exhibit Request for Judicial Notice with Exhibits, # 2 Declaration Service)(Tillman, Lisa) (Entered: 01/08/2021)

REPLY First NOTICE OF MOTION AND MOTION to Dismiss Case 28 filed by Defendants Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Exhibit Request for Judicial Notice, # 2 Declaration Service)(Tillman, Lisa) (Entered: 01/08/2021)

REPLY Support of a Motion EX PARTE APPLICATION to Certify Class 31 filed by Plaintiffs Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Attachments: # 1 Request for Judicial Notice, # 2 Plaintiffs' Responses to Defendants' Objections to Declarations of Hadreas, Pederson, Plaintiffs and Class Members, # 3 Plaintiffs' Responses to Defendants' Objections to Declarations of Chin-Hong, Leutwyler and Jones)(Choe, Samantha) (Entered: 01/08/2021)

REPLY Support of a Motion EX PARTE APPLICATION for Temporary Restraining Order as to Expedited Relief 30 filed by Plaintiffs Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. (Attachments: # 1 Appendix A, # 2 Supplemental Declaration of Kim Pederson, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Request for Judicial Notice, # 11 Plaintiffs' Responses to Defendants' Objections to Declarations of Hadreas, Pederson, Plaintiffs and Class Members, # 12 Plaintiffs' Responses to Defendants' Objections to Declarations of Chin-Hong, Leutwyler and Jones)(Choe, Samantha) (Entered: 01/08/2021)

NOTICE OF ERRATA filed by Defendants Stephanie Clendenin, Janine Wallace. correcting Response,, 49 Opposition to Application for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction (Attachments: # 1 Memorandum Amended Opposition to Application for Temporary Restraining Order and OSC re Preliminary Injunction, # 2 Declaration Amended Declaration of Maria Ventura, PhD.)(Tillman, Lisa) (Entered: 01/11/2021)

SCHEDULING NOTICE by Judge Jesus G. Bernal. The hearing on the three motions 29 30 31 on Tuesday, January 12, 2021, will be telephonic and will be heard at 3:00 p.m. The parties shall dial (877)336-1831 Access Code: 4899258. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 01/11/2021)

NOTICE OF ERRATA filed by Defendants Stephanie Clendenin, Janine Wallace. correcting Reply (Motion related), 53 to Opposition to Motion to Stay Action (Attachments: # 1 Memorandum Amended Reply to Opposition to Motion to Stay Action)(Tillman, Lisa) (Entered: 01/12/2021)

MINUTES OF Telephonic Hearing held before Judge Jesus G. Bernal: (1) EX PARTE APPLICATION FOR A TEMPORATRY RESTRAINING ORDER 30 (2) EX PARTE APPLICATION TO CERTIFY A CLASS 31 (3) DEFENDANTS MOTION TO STAY THE ACTION 29 . Plaintiff may respond no later than January 14, 2021. Thereafter, Court will inform the parties. if a further hearing is necessary. Court Reporter: Phyllis A. Preston. (twdb) (Entered: 01/13/2021)

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RESPONSE filed by Defendants Stephanie Clendenin, Janine Wallace to Court Questions re DSH-Patton Inoculation of Staff and Patients with COVID-19 Vaccine (Attachments: # 1 Declaration of Janine Wallace in Support of Response, # 2 Exhibits 40 through 47 to Declaration of Janine Wallace, # 3 Certificate of Service)(Onyeagbako, Maureen) (Entered: 01/13/2021)

RESPONSE filed by Plaintiffs Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldropto Response, 61 to Defendants Response to Courts Questions re DSH-Pattons Inoculation of Staff and Patients with Covid-19 Vaccine (Attachments: # 1 Proposed Order)(Choe, Samantha) (Entered: 01/14/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 52 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Change of Attorney Business or Contact Information. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 01/15/2021)

SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal. The Court will hold a telephonic status conference on Friday, January 22, 2021, at 11:00 a.m. Defendants are directed to file a status report by 5:00 p.m. on Thursday, January 21, 2021, updating the Court on the number of DSH-Patton patients and staff who have been inoculated, the timeline for all patients and staff to be inoculated, the availability of vaccine for patients and staff, and the number of current patient COVID-19 cases and deaths. The number to call for the telephonic status conference is (877) 336-1831, and the access code is 4899258. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY (Entered: 01/15/2021)

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SCHEDULING NOTICE by Judge Jesus G. Bernal. The hearing on the MOTION to Dismiss Case 28 is CONTINUED from 1/25/2021 to 2/8/2021 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 01/20/2021)

NOTICE OF ERRATA filed by Defendants Stephanie Clendenin, Janine Wallace. correcting Response, 61 to Court's Questions Re DSH-Patton's Inoculation of Staff and Patients with COVID-19 Vaccine (Attachments: # 1 Memorandum Amended Response to Court's Questions Re DSH-Patton's Inoculation of Staff and Patients with COVID-19 Vaccine, # 2 Declaration Amended Declaration of Janine Wallace in Support of Defendants' Response to Court's Questions Re DSH-Patton's Inoculation of Staff and Patients with COVID-19 Vaccine, # 3 Declaration Declaration of Service)(Tillman, Lisa) (Entered: 01/20/2021)

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RESPONSE filed by Defendants Stephanie Clendenin, Janine Wallaceto Text Only Scheduling Notice,, 64 Response to Court's Questions re Status of Inoculation of Patients and Staff with COVID-19 Vaccine (Attachments: # 1 Declaration Second Declaration of Janine Wallace in Response to Court's Questions re Status of Inoculation of Patients and Staff with COVID-19 Vaccine, # 2 Declaration of Service)(Tillman, Lisa) (Entered: 01/21/2021)

MINUTES OF Status Conference held before Judge Jesus G. Bernal: The Court and counsel confer. The Court orders Defendant to file a declaration by January 26, 2021. Plaintiff may file a response by January 27, 2021. A further status conference is set for January 28, 2021, at 11:00 a.m. The hearing will be held telephonically: (877)336-1831, Access Code: 4899258. IT IS SO ORDERED. Court Reporter: Myra Ponce. (mga) (Entered: 01/27/2021)

RESPONSE filed by Defendants Stephanie Clendenin, Janine Wallaceto Text Only Scheduling Notice,, 64 Third Response to Court's Questions Re DSH-Patton's Inoculation of Staff and Patients with COVID-19 Vaccine (Attachments: # 1 Declaration Third Declaration of Janine Wallace in Response to Court's Questions Re Status of Inoculation of Patients and Staff with COVID-19 Vaccine, # 2 Declaration Declaration of Service)(Tillman, Lisa) (Entered: 01/26/2021)

SCHEDULING NOTICE by Judge Jesus G. Bernal Status Conference set for 1/28/2021 11:00 AM before Judge Jesus G. Bernal. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 01/27/2021)

MINUTES OF Telephonic Status Conference held before Judge Jesus G. Bernal: A Further Status Conference set for 2/9/2021 at 02:00 PM before Judge Jesus G. Bernal. SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Phyllis A. Preston. (twdb) (Entered: 01/28/2021)

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SCHEDULING NOTICE by Judge Jesus G. Bernal. The hearing on the MOTION to Dismiss Case 28 is continued from 2/8/2021 to 3/1/2021 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 01/29/2021)

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RESPONSE filed by Defendants Stephanie Clendenin, Janine Wallaceto Text Only Scheduling Notice, 72 (Attachments: # 1 Declaration Fourth Declaration of Janine Wallace in Response to Court's Questions re Status of Inoculation of Patients and Staff with COVID-19 Vaccine, # 2 Declaration of Service)(Tillman, Lisa) (Entered: 02/08/2021)

SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal. On the Court's own motion, the hearing on the Motion to Dismiss (Dkt. No. 28 ) scheduled for 3/1/2021 is hereby continued to 3/29/2021 at 9:00 A.M. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY (Entered: 02/09/2021)

MINUTES OF Telephonic Status Conference (Held and Completed) before Judge Jesus G. Bernal: The Court confers with counsel and sets a further status conference. Status Conference set for 3/2/2021 at 02:00 PM before Judge Jesus G. Bernal. Court Reporter: Phyllis A. Preston. (twdb) (Entered: 02/10/2021)

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Notice of Appearance or Withdrawal of Counsel: for attorney Aaron Joseph Fischer counsel for Plaintiffs Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldrop. Aaron Fischer is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff's counsel Aaron Fischer. (Fischer, Aaron) (Entered: 02/19/2021)

STIPULATION to Continue Status Conference from March 2, 2021 to March 16, 2021 filed by Defendants Stephanie Clendenin, Janine Wallace.(Tillman, Lisa) (Entered: 02/26/2021)

RESPONSE filed by Defendants Stephanie Clendenin, Janine Wallace Fifth Response to Court's Questions Re DSH-Patton's Inoculation of Staff and Patients with Covid-19 Vaccine (Attachments: # 1 Declaration Fifth Declaration of Janine Wallace in Response to Court's Questions Re Status of Inoculation of Patients and Staff with Covid-19 Vaccine, # 2 Declaration of Service)(Tillman, Lisa) (Entered: 03/01/2021)

ORDER by Judge Jesus G. Bernal, Granting Stipulation RE Continuance of March 2, 2021 Status Conference 77 . The current status conference scheduled for March 2, 2021 is continued to March 16, 2021, at 2:00 p.m. ( Status Conference continued to 3/16/2021 at 02:00 PM before Judge Jesus G. Bernal.) (twdb) (Entered: 03/02/2021)

STIPULATION to Continue Status Conference from March 16 2021 to March 23 2021 filed by Defendants Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Declaration Service)(Tillman, Lisa) (Entered: 03/15/2021)

ORDER by Judge Jesus G. Bernal, Granting Stipulation RE Continuance of March 16, 2021 Status Conference 80 . ( Status Conference continued to 3/23/2021 at 02:00 PM before Judge Jesus G. Bernal.) (twdb) (Entered: 03/16/2021)

STIPULATION to Continue Status Conference and Motion to Dismiss from March 23, 2021 and March 29, 2021 to April 13, 2021 filed by Defendants Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Declaration Service)(Tillman, Lisa) (Entered: 03/22/2021)

SCHEDULING NOTICE by Judge Jesus G. Bernal. The Stipulation to continue the status conference and Motion to Dismiss is GRANTED. The telephonic STATUS CONFERENCE is CONTINUED to April 13, 2021, at 2:00 p.m. The MOTION to Dismiss 28 is CONTINUED to April 20, 2021 at 9:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 03/23/2021)

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NOTICE OF DISMISSAL filed by Plaintiff Richard Hart, Charles Gluck, Aldo Hernandez, Ervin Longstreet, Graham Waldrop pursuant to FRCP 41a(1) as to All Defendants. (Attachments: # 1 Proposed Order)(Choe, Samantha) (Entered: 03/30/2021)

ORDER by Judge Jesus G. Bernal, Granting Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) 84 . Ervin Longstreet (individually and on behalf of all others similarly situated) terminated. (twdb) (Entered: 04/05/2021)

STIPULATION to Continue Status Conference and Motion to Dismiss from APRIL 13, 2021 and APRIL 20, 2021 to APRIL 27, 2021 and MAY 4, 2021 Re: Text Only Scheduling Notice, 83 filed by Defendants Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Declaration Service)(Tillman, Lisa) (Entered: 04/12/2021)

SCHEDULING NOTICE by Judge Jesus G. Bernal. Upon good cause appearing, this Court hereby adopts the stipulation 86 as an order of the court. The current telephonic status conference scheduled for April 13, 2021 is continued to April 27, 2021, at 2:00 p.m. The hearing on Defendants' motion to dismiss 28 is continued from April 20, 2021 to May 4, 2021, at 9:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 04/13/2021)

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STIPULATION to Continue Status Conference and Motion to Dismiss from April 27, 2021 and May 4, 2021 to May 11, 2021 and May 18, 2021 Re: Text Only Scheduling Notice, 87 filed by Defendants Stephanie Clendenin, Janine Wallace. (Attachments: # 1 Declaration Service)(Tillman, Lisa) (Entered: 04/23/2021)

STIPULATION AND ORDER by Judge Jesus G. Bernal, Granting Continuance of 4/27/21 Status Conference and 5/4/21 Hearing on Motion to Dismiss 88, 28 . ( Motion hearing continued to 5/18/2021 at 09:00 AM before Judge Jesus G. Bernal.) ( Status Conference continued to 5/11/2021 at 02:00 PM before Judge Jesus G. Bernal.) (twdb) (Entered: 04/27/2021)