1
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COMPLAINT (FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES; DEMAND FOR JURY TRIAL) against Defendants by IVAN OLIVA SIERRA, SALESH PRASAD, EDGAR SANCHEZ, ADAN CASTILLO MERINO, PEDRO J FIGUEROA PADILLA, ISAAC CARDONA HERNANDEZ, JOSE R HERNANDEZ GOMEZ, FIDEL GARCIA, GUILLERMO MEDINA REYES. (Filing fee $ 402, receipt number ACAEDC-10327450) (Galvan, Ernest) (Entered: 07/13/2022)
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July 13, 2022
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July 13, 2022
PACER
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2
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CLERK'S NOTICE to Attorney Ernest Galvan re 1 Complaint: Under Local Rule 200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Sant Agata, S) (Entered: 07/14/2022)
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July 14, 2022
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July 14, 2022
PACER
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3
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CIVIL COVER SHEET by ISAAC CARDONA HERNANDEZ, ADAN CASTILLO MERINO, PEDRO J FIGUEROA PADILLA, FIDEL GARCIA, JOSE R HERNANDEZ GOMEZ, GUILLERMO MEDINA REYES, IVAN OLIVA SIERRA, SALESH PRASAD, EDGAR SANCHEZ (Galvan, Ernest) (Entered: 07/14/2022)
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July 14, 2022
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July 14, 2022
PACER
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4
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NOTICE of APPEARANCE by Priya Arvind Patel on behalf of ISAAC CARDONA HERNANDEZ, ADAN CASTILLO MERINO, PEDRO J FIGUEROA PADILLA, FIDEL GARCIA, JOSE R HERNANDEZ GOMEZ, GUILLERMO MEDINA REYES, IVAN OLIVA SIERRA, SALESH PRASAD, EDGAR SANCHEZ. Attorney Patel, Priya Arvind added. (Patel, Priya) (Entered: 07/14/2022)
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July 14, 2022
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July 14, 2022
PACER
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5
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NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Erica P. Grosjean* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(EPG)* (Maldonado, C) (Entered: 07/14/2022)
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July 14, 2022
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July 14, 2022
PACER
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6
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SUMMONS ISSUED as to *The GEO Group, Inc.* with answer to complaint due within *21* days. Attorney *Ernest Galvan* *Rosen Bien Galvan & Grunfeld LLP* *101 Mission Street, 6th Floor* *San Francisco, CA 94105-1738*. (Maldonado, C) (Entered: 07/14/2022)
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July 14, 2022
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July 14, 2022
PACER
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7
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CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/1/2022 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Appendix A(m), # 2 BAK Worksheet, # 3 Consent Form, # 4 VDRP) (Maldonado, C) (Entered: 07/14/2022)
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July 14, 2022
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July 14, 2022
PACER
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8
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SUMMONS RETURNED EXECUTED: The GEO Group, Inc. served on 7/28/2022, answer due 8/18/2022. (Galvan, Ernest) (Entered: 08/02/2022)
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Aug. 2, 2022
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Aug. 2, 2022
RECAP
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9
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STIPULATION re 8 Summons Returned Executed, 1 Complaint, FOR EXTENSION OF TIME OF 28 DAYS FOR DEFENDANT TO FILE RESPONSIVE PLEADING by The GEO Group, Inc.. Attorney Coleman, Susan Eileen added. (Coleman, Susan) (Entered: 08/03/2022)
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Aug. 3, 2022
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Aug. 3, 2022
PACER
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10
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PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by The GEO Group, Inc. for attorney Joseph Negron, Jr. to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10420242) (Coleman, Susan) (Entered: 09/02/2022)
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Sept. 2, 2022
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Sept. 2, 2022
PACER
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11
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PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by The GEO Group, Inc. for attorney Wayne H. Calabrese to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10420290) (Coleman, Susan) (Entered: 09/02/2022)
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Sept. 2, 2022
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Sept. 2, 2022
PACER
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12
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ORDER GRANTING 10 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 09/06/2022. Added attorney Joseph Negron, Jr., PHV for The GEO Group, Inc.. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Maldonado, C)
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Sept. 7, 2022
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Sept. 7, 2022
RECAP
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13
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ORDER GRANTING 11 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 09/06/2022. Added attorney Wayne H. Calabrese, PHV for The GEO Group, Inc.. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Maldonado, C)
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Sept. 7, 2022
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Sept. 7, 2022
RECAP
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14
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CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Galvan, Ernest) (Entered: 09/13/2022)
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Sept. 13, 2022
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Sept. 13, 2022
PACER
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15
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CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Ana de Alba and BakersfieldMJ. The new case number is: 1:22-cv-00868-ADA-BAK/EPG. (Sant Agata, S) (Entered: 09/14/2022)
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Sept. 14, 2022
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Sept. 14, 2022
PACER
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16
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MOTION to DISMISS by The GEO Group, Inc.. Motion Hearing set for 10/24/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Request for Judicial Notice)(Coleman, Susan) (Entered: 09/15/2022)
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Sept. 15, 2022
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Sept. 15, 2022
PACER
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17
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MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 9/16/2022: As a Motion to Dismiss has been noticed for hearing before the District Judge on 10/24/2022, document 16, the Court vacates the Scheduling Conference set for 11/1/2022 before Magistrate Judge Erica P. Grosjean. Within ten days after the issuance of the ruling on the Motion to Dismiss, should the matter go forward, the parties are directed to contact Courtroom Deputy Michelle Rooney (mrooney@caed.uscourts.gov) to secure a new scheduling conference date. (Text Only Entry)(Rooney, M) (Entered: 09/16/2022)
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Sept. 16, 2022
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Sept. 16, 2022
PACER
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~Util - 1 Terminate Deadlines and Hearings AND Minute Order
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Sept. 16, 2022
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Sept. 16, 2022
PACER
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18
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MINUTE ORDER signed by District Judge Ana de Alba on 9/19/2022: (Text Only Entry) On September 15, 2022, defendant filed a 16 motion to dismiss plaintiff's 1 complaint for lack of subject matter jurisdiction and for failing to state a claim. Pursuant to Judge de Alba's Standing Order in Civil Actions, counsel must meet and confer prior to filing any motions. (See E.D. Cal. S.O. J. de Alba at 2.) The moving party must further include in its motion "a declaration that the parties exhausted meet and confer efforts, with a very brief summary of said efforts." (Id.) The 16 motion to dismiss that defendant filed contains no such declaration. Therefore, the motion is denied without prejudice. If, after meeting and conferring, defendant still wishes to file a motion to dismiss, that motion shall be filed no later than five (5) court days following the date of signature on this order. The parties are advised to first consult Local Rule 230 and Judge de Alba's Standing Order in Civil Actions prior to filing any motions. (Hernandez, M) (Entered: 09/19/2022)
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Sept. 19, 2022
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Sept. 19, 2022
PACER
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19
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MOTION to STAY by The GEO Group, Inc.. Motion Hearing set for 10/24/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Declaration S. Coleman, # 2 Exhibits A-C)(Coleman, Susan) (Entered: 09/19/2022)
1 Declaration S. Coleman
View on RECAP
2 Exhibits A-C
View on RECAP
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Sept. 19, 2022
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Sept. 19, 2022
RECAP
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Minute Order
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Sept. 19, 2022
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Sept. 19, 2022
PACER
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20
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MINUTE ORDER signed by District Judge Ana de Alba on 9/20/2022: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed Motion to Stay [#19] will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and reminds the parties that Magistrate Judge consent may alleviate some of the delays caused by the resource emergency.(Hernandez, M) (Entered: 09/20/2022)
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Sept. 20, 2022
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Sept. 20, 2022
PACER
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Minute Order
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Sept. 20, 2022
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Sept. 20, 2022
PACER
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21
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MOTION to DISMISS by The GEO Group, Inc.. Motion Hearing set for 10/31/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Declaration S. Coleman, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Coleman, Susan) (Entered: 09/21/2022)
1 Declaration S. Coleman
View on PACER
2 Exhibit A
View on PACER
3 Exhibit B
View on PACER
4 Exhibit C
View on PACER
5 Exhibit D
View on PACER
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Sept. 21, 2022
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Sept. 21, 2022
PACER
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22
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MINUTE ORDER signed by District Judge Ana de Alba on 9/22/2022: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed Motion to Dismiss 21 will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and reminds the parties that Magistrate Judge consent may alleviate some of the delays caused by the resource emergency.(Hernandez, M) (Entered: 09/22/2022)
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Sept. 22, 2022
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Sept. 22, 2022
PACER
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Minute Order
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Sept. 22, 2022
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Sept. 22, 2022
PACER
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23
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OPPOSITION by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez to 19 Motion to Stay. (Attachments: # 1 Declaration of Jessica Winter)(Winter, Jessica) (Entered: 10/03/2022)
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Oct. 3, 2022
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Oct. 3, 2022
PACER
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24
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FIRST AMENDED COMPLAINT against The GEO Group, Inc. by Oliva Sierra Ivan, Salesh Prasad, Edgar Sanchez, Adan Castillo Merino, Pedro Jesus Figueroa Padilla, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Fidel Garcia, Guillermo Medina Reyes.(Winter, Jessica) (Entered: 10/04/2022)
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Oct. 4, 2022
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Oct. 4, 2022
PACER
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25
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ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of Magistrate Judge Christopher D. Baker to the bench of the Eastern District of California, the court hereby reassigns this case from Bakersfield Magistrate Judge (BAK) to Magistrate Judge Christopher D. Baker for all further proceedings. (Marrujo, C) (Entered: 10/06/2022)
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Oct. 6, 2022
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Oct. 6, 2022
PACER
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26
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NOTICE of APPEARANCE by Benjamin Hattem on behalf of Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. Attorney Hattem, Benjamin added. (Hattem, Benjamin) (Entered: 10/06/2022)
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Oct. 6, 2022
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Oct. 6, 2022
PACER
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27
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CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Coleman, Susan) (Entered: 10/11/2022)
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Oct. 11, 2022
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Oct. 11, 2022
PACER
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28
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REPLY by The GEO Group, Inc. to RESPONSE to 19 Motion to Stay. (Coleman, Susan) (Entered: 10/13/2022)
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Oct. 13, 2022
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Oct. 13, 2022
PACER
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29
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MOTION to DISMISS by The GEO Group, Inc.. Motion Hearing set for 11/28/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Coleman, Susan) (Entered: 10/18/2022)
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Oct. 18, 2022
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Oct. 18, 2022
PACER
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30
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NOTICE of ERRATA by The GEO Group, Inc. re 29 MOTION to DISMISS.. (Attachments: # 1 Motion to Dismiss First Amended Complaint, # 2 Declaration S. Coleman)(Coleman, Susan) (Entered: 10/19/2022)
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Oct. 19, 2022
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Oct. 19, 2022
PACER
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31
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MINUTE ORDER signed by District Judge Ana de Alba on 10/28/2022: (Text Only Entry) On October 18, 2022, Defendant filed a 29 Motion to Dismiss. On October 19, 2022, Defendant filed a 30 Notice of Errata with an attached Motion to Dismiss and Declaration. Pursuant to Judge de Alba's Standing Order in Civil Actions, counsel must meet and confer prior to filing any motions. (See E.D. Cal. S.O. J. de Alba at 2.) The moving party must further include in its motion "a declaration that the parties exhausted meet and confer efforts, with a very brief summary of said efforts." (Id.). The 29 Motion to Dismiss does not contain a declaration regarding efforts to meet and confer. Therefore, it will be denied without prejudice. Motions before this Court should be filed as separate docket entries. Therefore, Defendant is instructed to re-file the Motion to Dismiss included as an attachment to 30 Notice of Errata as a separate docket entry. The Motion to Dismiss as an attachment to 30 will not be considered.(Hernandez, M) (Entered: 10/28/2022)
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Oct. 28, 2022
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Oct. 28, 2022
PACER
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Minute Order
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Oct. 28, 2022
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Oct. 28, 2022
PACER
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32
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MOTION to DISMISS by The GEO Group, Inc.. Motion Hearing set for 11/28/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Declaration S. Coleman)(Coleman, Susan) (Entered: 10/29/2022)
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Oct. 29, 2022
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Oct. 29, 2022
PACER
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33
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MINUTE ORDER signed by District Judge Ana de Alba on 10/31/2022: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed 32 motion to dismiss will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and orders the parties reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency. (Hernandez, M) (Entered: 10/31/2022)
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Oct. 31, 2022
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Oct. 31, 2022
PACER
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34
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MINUTE ORDER signed by District Judge Ana de Alba on 10/31/2022: (Text Only Entry) Plaintiff filed a 24 First Amended Complaint ("FAC") on October 4, 2022, which is within twenty-one days from the date Defendant filed its 21 motion to dismiss. Therefore, the FAC was timely under Federal Rule of Civil Procedure 15(a)(1)(B). See Fed. R. Civ. P. 15(a)(1)(B). Because the FAC was timely filed, the FAC is the operative complaint, and the original complaint is now non-existent and performs no function in this case. Ramirez v. Cnty. of San Bernardino, 806 F.3d. 1002, 1008 (9th Cir. 2015). Because Defendant's 21 motion to dismiss is attacking a now non-existent complaint, the 21 motion is moot. Id. (Hernandez, M) (Entered: 10/31/2022)
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Oct. 31, 2022
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Oct. 31, 2022
PACER
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Minute Order
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Oct. 31, 2022
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Oct. 31, 2022
PACER
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35
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OPPOSITION by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez to 32 Motion to Dismiss. (Attachments: # 1 Appendix Menocal Order on Motions for Summary Judgment)(Hattem, Benjamin) (Entered: 11/08/2022)
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Nov. 8, 2022
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Nov. 8, 2022
PACER
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36
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MOTION to AMEND the 24 Amended Complaint, by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. Motion Hearing set for 12/19/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Declaration of Jessica Winter, # 2 Exhibit, # 3 Proposed Order)(Winter, Jessica) (Entered: 11/08/2022)
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Nov. 8, 2022
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Nov. 8, 2022
PACER
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37
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REQUEST for JUDICIAL NOTICE by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez in re 35 Opposition to Motion, 36 Motion to Amend the Complaint/Petition,. (Attachments: # 1 Exhibit)(Hattem, Benjamin) (Entered: 11/08/2022)
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Nov. 8, 2022
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Nov. 8, 2022
PACER
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38
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CERTIFICATE / PROOF of SERVICE by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. (Winter, Jessica) (Entered: 11/09/2022)
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Nov. 9, 2022
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Nov. 9, 2022
PACER
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39
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NOTICE of APPEARANCE by Trevor Kosmo on behalf of Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. Attorney Kosmo, Trevor added. (Kosmo, Trevor) (Entered: 11/14/2022)
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Nov. 14, 2022
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Nov. 14, 2022
PACER
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40
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STIPULATION and PROPOSED ORDER for To Stay Briefing on Defendant's Motion to Dismiss Pending a Ruling on Plaintiff's Motion to Amend the Complaint re 32 MOTION to DISMISS, 36 MOTION to AMEND the 24 Amended Complaint, by The GEO Group, Inc.. (Attachments: # 1 Proposed Order)(Coleman, Susan) (Entered: 11/14/2022)
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Nov. 14, 2022
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Nov. 14, 2022
PACER
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41
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ORDER on Stipulation 40 Staying Briefing on Defendant's Motion to Dismiss Pending a Ruling on Plaintiff's Motion to Amend the Complaint, signed by Magistrate Judge Christopher D. Baker on 11/15/2022. (Hall, S)
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Nov. 15, 2022
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Nov. 15, 2022
RECAP
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42
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OPPOSITION by The GEO Group, Inc. to 36 Motion to Amend the Complaint/Petition,. (Coleman, Susan) (Entered: 11/22/2022)
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Nov. 22, 2022
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Nov. 22, 2022
PACER
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43
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REPLY by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez to RESPONSE to 36 Motion to Amend the Complaint/Petition,. (Winter, Jessica) (Entered: 12/02/2022)
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Dec. 2, 2022
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Dec. 2, 2022
PACER
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44
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MINUTE ORDER signed by District Judge Ana de Alba on 12/13/2022: (Text Only Entry) *The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed Motion to Amend the Amended Complaint 36 will be decided on the papers and has been taken under submission by the assigned magistrate judge. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience.(Hernandez, M) (Entered: 12/13/2022)
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Dec. 13, 2022
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Dec. 13, 2022
PACER
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Minute Order
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Dec. 13, 2022
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Dec. 13, 2022
PACER
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45
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ORDER GRANTING 36 MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT. IT IS HEREBY ORDERED: 1. Plaintiffs' motion for leave to file a second amended complaint (ECF No. 36 ) is GRANTED; and, 2. Within seven days of entry of this Order, Plain tiffs shall file a second amended complaint electronically as a standalone docket entry in this case. Upon filing, the second amended complaint will become the operative complaint in this action. Order signed by Magistrate Judge Christopher D. Baker on 12/16/2022. (Apodaca, P)
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Dec. 16, 2022
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Dec. 16, 2022
RECAP
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46
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SECOND AMENDED COMPLAINT against The GEO Group, Inc. by Oliva Sierra Ivan, Salesh Prasad, Edgar Sanchez, Adan Castillo Merino, Pedro Jesus Figueroa Padilla, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Fidel Garcia, Guillermo Medina Reyes. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Galvan, Ernest) (Entered: 12/23/2022)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
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Dec. 23, 2022
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Dec. 23, 2022
RECAP
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47
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MOTION to DISMISS by The GEO Group, Inc.. Motion Hearing set for 2/13/2023 at 01:30 PM in Courtroom 1 before District Judge Ana de Alba. (Attachments: # 1 Declaration S. Coleman, # 2 Exhibit A-C)(Coleman, Susan) (Entered: 01/06/2023)
1 Declaration S. Coleman
View on PACER
2 Exhibit A-C
View on PACER
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Jan. 6, 2023
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Jan. 6, 2023
PACER
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48
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MINUTE ORDER signed by District Judge Ana de Alba on 1/9/2023: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed 47 Motion to Dismiss will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and reminds the parties that Magistrate Judge consent may alleviate some of the delays caused by the resource emergency.(Hernandez, M) (Entered: 01/09/2023)
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Jan. 9, 2023
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Jan. 9, 2023
PACER
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Minute Order
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Jan. 9, 2023
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Jan. 9, 2023
PACER
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49
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OPPOSITION by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez to 47 Motion to Dismiss. (Hattem, Benjamin) (Entered: 01/13/2023)
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Jan. 13, 2023
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Jan. 13, 2023
PACER
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50
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REPLY by The GEO Group, Inc. re 49 Opposition to Motion, 47 Motion to Dismiss. (Coleman, Susan) (Entered: 01/23/2023)
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Jan. 23, 2023
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Jan. 23, 2023
RECAP
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51
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NOTICE (of Withdrawal of Attorney Associated with Counsel for Plaintiffs and Request to Remove Name from Electronic Service List) by All Plaintiffs. (Galvan, Ernest) (Entered: 01/30/2023)
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Jan. 30, 2023
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Jan. 30, 2023
PACER
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52
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MOTION Leave to File Sur-Reply in Opposition to Defendant's Motion to Dismiss re 47 Motion to Dismiss by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. Motion Hearing set for 3/6/2023 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Declaration of Ben Hattem, # 2 Exhibit Plaintiffs' Sur-Reply, # 3 Proposed Order)(Hattem, Benjamin) (Entered: 01/30/2023)
1 Declaration of Ben Hattem
View on PACER
2 Exhibit Plaintiffs' Sur-Reply
View on PACER
3 Proposed Order
View on PACER
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Jan. 30, 2023
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Jan. 30, 2023
PACER
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53
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MINUTE ORDER signed by District Judge Ana de Alba on 2/3/2023: (Text Only Entry) On January 6, 2023, Defendant filed a motion to dismiss. (ECF No. 47.) Plaintiffs opposed on January 13, 2023 (ECF No. 49), and Defendant replied on January 23, 2023 (ECF No. 50). Plaintiffs subsequently filed a motion for leave to file a sur-reply on January 30, 2023, and a hearing on the motion was set for 3/6/2023 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (ECF No. 52.) The hearing scheduled for the motion for leave to file a sur-reply is VACATED. Plaintiffs' recently filed motion for leave to file a sur-reply (ECF No. 52) will be decided on the papers and will be addressed concurrently with Defendant's motion to dismiss (ECF No. 47). No hearing will be calendared. (Hernandez, M) (Entered: 02/03/2023)
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Feb. 3, 2023
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Feb. 3, 2023
PACER
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Minute Order
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Feb. 3, 2023
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Feb. 3, 2023
PACER
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54
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OPPOSITION by The GEO Group, Inc. to 52 Motion for Miscellaneous Relief,,. (Coleman, Susan) (Entered: 02/13/2023)
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Feb. 13, 2023
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Feb. 13, 2023
PACER
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55
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REPLY by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez to RESPONSE to 52 Motion for Miscellaneous Relief,,. (Hattem, Benjamin) (Entered: 02/16/2023)
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Feb. 16, 2023
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Feb. 16, 2023
PACER
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56
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NOTICE of Supplemental Authority by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez re 19 MOTION to STAY. (Hattem, Benjamin) (Entered: 03/16/2023)
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March 16, 2023
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March 16, 2023
PACER
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57
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MOTION to CERTIFY CLASS Pls.' Motion for Partial Class Certification by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. Motion Hearing set for 6/22/2023 at 10:30 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. (Attachments: # 1 Declaration of Ernest Galvan ISO Pls.' Mot. for Partial Class Certification, # 2 Declaration of Lisa Knox ISO Pls.' Mot. for Partial Class Certification, # 3 Proposed Order Granting Pls.' Mot. for Partial Class Certification)(Hattem, Benjamin) (Entered: 05/18/2023)
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May 18, 2023
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May 18, 2023
PACER
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58
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MOTION FOR SUMMARY JUDGMENT by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. Motion Hearing set for 6/22/2023 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Statement of Undisputed Facts ISO Pls.' Mot. for Summary Adjudication)(Hattem, Benjamin) (Entered: 05/18/2023)
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May 18, 2023
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May 18, 2023
PACER
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59
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DECLARATION of Ben Hattem re 58 Motion for Summary Judgment, 57 Motion to Certify Class,,. (Attachments: # 1 Exhibit A - Meet and Confer Email Thread, # 2 Exhibit B - Mesa Verde Handbook, # 3 Exhibit C - Golden State Annex Handbook, # 4 Exhibit D - Sergio Marez Gallegos VWP Documents, # 5 Exhibit E - Fidel Garcia VWP Documents, # 6 Exhibit F - Pedro Figueroa Padilla VWP Documents, # 7 Exhibit G - Salesh Prasad VWP Documents (1), # 8 Exhibit H - Salesh Prasad VWP Documents (2), # 9 Exhibit I - Fidel Garcia Resident Transaction Record, # 10 Exhibit J - Isaac Cardona Hernandez Resident Transaction Record, # 11 Exhibit K - Pedro Figueroa Padilla Resident Transaction Record, # 12 Exhibit L - Jose Henriquez Resident Transaction Record, # 13 Exhibit M - Sergio Marez Gallegos Resident Transaction Record, # 14 Exhibit N - Dep. of Daniel Ragsdale, # 15 Exhibit O - Dep. of Amber Martin (Novoa), # 16 Exhibit P - Dep. of Amber Martin (Menocal))(Hattem, Benjamin) (Entered: 05/18/2023)
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May 18, 2023
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May 18, 2023
PACER
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60
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EXHIBIT Index to Class Member Declarations ISO Pls.' Mots. for Summary Adjudication & Partial Class Certification by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez re 58 Motion for Summary Judgment, 57 Motion to Certify Class,,. (Attachments: # 1 Declaration of Jose Ruben Hernandez Gomez, # 2 Declaration of Guillermo Medina Reyes, # 3 Declaration of Pedro Figueroa Padilla, # 4 Declaration of Sergio Marez Gallegos, # 5 Declaration of Adrian Esteban Lopez, # 6 Declaration of Hung Van Le, # 7 Declaration of Ivan Oliva Sierra, # 8 Declaration of Mohamed Mousa, # 9 Declaration of Armando Gil Tzun, # 10 Declaration of Fidel Garcia, # 11 Declaration of Salesh Prasad, # 12 Declaration of Francisco Alfaro Ramirez, # 13 Declaration of Edgar Sanchez, # 14 Declaration of Edgar Alvarez Rodriguez, # 15 Declaration of Isaac Cardona Hernandez)(Hattem, Benjamin) (Entered: 05/18/2023)
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May 18, 2023
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May 18, 2023
PACER
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61
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MINUTE ORDER signed by District Judge Ana de Alba on 5/19/2023: (Text Only Entry)The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed 58 Motion for Summary Judgment will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and orders the parties reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency.(Hernandez, M) (Entered: 05/19/2023)
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May 19, 2023
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May 19, 2023
PACER
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Minute Order
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May 19, 2023
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May 19, 2023
PACER
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62
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STIPULATION and PROPOSED ORDER for an Order to Continue Briefing Deadlines on Motions for Summary Judgment and Class Certification re 58 MOTION FOR SUMMARY JUDGMENT, 57 MOTION to CERTIFY CLASS Pls.' Motion for Partial Class Certification by The GEO Group, Inc.. (Attachments: # 1 Proposed Order)(Coleman, Susan) (Entered: 05/26/2023)
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May 26, 2023
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May 26, 2023
PACER
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63
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MINUTE ORDER signed by District Judge Ana de Alba on 5/30/2023: (Text Only Entry) On May 18, 2023, Plaintiffs filed a 57 motion for partial class certification and a 58 motion for summary judgment. On May 26, 2023, the parties filed a 62 stipulation and proposed order to continue the briefing deadlines for the 57 and 58 motions. Good cause appearing, the Court grants the parties' 62 stipulation and order Defendant to file their oppositions to the 57 and 58 motions no later than August 4, 2023. The Court orders Plaintiffs to file their replies to the oppositions no later than September 1, 2023. (Hernandez, M) (Entered: 05/30/2023)
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May 30, 2023
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May 30, 2023
PACER
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Minute Order
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May 30, 2023
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May 30, 2023
PACER
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64
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MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 6/5/2023: In light of the parties stipulation to continue briefing deadlines on motions for summary judgment and partial class certification (Doc. 62 ), and the Honorable District Judge Ana de Alba's order extending the schedule (Doc. 63), the hearing on the Motion for Partial Class Certification (Doc. 57 ), set for June 22, 2023, is VACATED. The Court will reschedule the hearing once briefing is completed, if necessary. (Hall, S) (Entered: 06/05/2023)
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June 5, 2023
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June 5, 2023
PACER
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Minute Order AND ~Util - 1 Terminate Deadlines and Hearings
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June 5, 2023
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June 5, 2023
PACER
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65
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SUBSTITUTION of ATTORNEY - PROPOSED, submitted by The GEO Group, Inc.. (Coleman, Susan) (Entered: 06/08/2023)
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June 8, 2023
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June 8, 2023
PACER
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66
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ORDER Granting Substitution of Attorney, signed by Magistrate Judge Christopher D. Baker on 6/13/2023. Added Dirk B. Paloutzian, NCAED for The GEO Group, Inc. in place of attorney Susan Eileen Coleman. Attorney Dirk B. Paloutzian is DIRECTED to register for admission to the Eastern District of California. Please visit PACER.gov for admission.(Marrujo, C) (Entered: 06/13/2023)
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June 13, 2023
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June 13, 2023
PACER
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67
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REQUEST for Defendant's Request for Status Conference by The GEO Group, Inc.. (Paloutzian, Dirk) (Entered: 06/22/2023)
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June 22, 2023
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June 22, 2023
PACER
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68
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PROPOSED ORDER re Granting Request for Status Conference re 67 REQUEST for Defendant's Request for Status Conference by The GEO Group, Inc.. by The GEO Group, Inc.. (Paloutzian, Dirk) (Entered: 06/23/2023)
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June 23, 2023
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June 23, 2023
PACER
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69
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RESPONSE by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez to 67 Request. (Attachments: # 1 Declaration of Ernest Galvan in Support of Plaintiffs' Response to Defendant's Request for Status Conference)(Hattem, Benjamin) (Entered: 06/23/2023)
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June 23, 2023
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June 23, 2023
PACER
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70
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MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 6/26/2023: In light of Defendant Geo Group Inc.'s request for a status conference (Doc. 67 ) and Plaintiffs' response (Doc. 69 ), the parties are ORDERED to appear for status conference on June 29, 2023, at 9:00 AM before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference remotely via Zoom video conference, and counsel may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. (Hall, S) (Entered: 06/26/2023)
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June 26, 2023
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June 26, 2023
PACER
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Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
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June 26, 2023
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June 26, 2023
PACER
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71
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PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by The GEO Group, Inc. for attorney Adrienne C. Scheffey to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10936050) (Paloutzian, Dirk) (Entered: 06/28/2023)
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June 28, 2023
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June 28, 2023
PACER
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72
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ORDER GRANTING 71 Application of Adrienne C. Scheffey to Practice Pro Hac Vice, signed by Magistrate Judge Christopher D. Baker on 6/29/2023. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Hall, S)
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June 29, 2023
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June 29, 2023
RECAP
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Minute Order
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June 29, 2023
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June 29, 2023
PACER
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Order on Request AND Status Conference AND ~Util - 1 Terminate Deadlines and Hearings
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June 29, 2023
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June 29, 2023
PACER
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73
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MINUTES (Text Only) for proceedings held before Magistrate Judge Christopher D. Baker: STATUS CONFERENCE held on 6/29/2023. Order to follow. Plaintiffs' Counsel Ernest Galvan and Benjamin Hattem present via video. Defendant's Counsel Dirk Paloutzian, Adrienne Scheffey, Joseph Negron and James Bryan present via video. Court Reporter: ECRO: S. Hall. (Hall, S) (Entered: 06/29/2023)
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June 29, 2023
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June 29, 2023
PACER
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74
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MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 6/29/2023: Having considered the parties' positions (Docs. 67, 69 ) and arguments during status conference (Doc. 73), and for the reasons preserved on the record during the conference, the Court ORDERS that briefing of Plaintiffs' motions for class certification (Doc. 57 ) and for summary judgment (Doc. 58 ) and any related discovery is STAYED pending resolution of Defendant's motions to stay (Doc. 19 ) and to dismiss (Doc. 47 ). Following resolution of Defendant's motions, the Court will schedule a hearing with the parties to address further scheduling of the case. (Hall, S) (Entered: 06/29/2023)
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June 29, 2023
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June 29, 2023
PACER
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75
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ORDER GRANTING 19 Defendant's Motion to Stay, signed by Magistrate Judge Christopher D. Baker on 7/7/2023. CASE STAYED. (Hall, S)
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July 10, 2023
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July 10, 2023
RECAP
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76
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NOTICE of APPEARANCE by Mariel Villarreal on behalf of Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. Attorney Villarreal, Mariel added. (Villarreal, Mariel) (Entered: 07/12/2023)
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July 12, 2023
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July 12, 2023
PACER
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77
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NOTICE of CHANGE of ADDRESS by Priya Arvind Patel. (Patel, Priya) (Entered: 07/17/2023)
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July 17, 2023
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July 17, 2023
PACER
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78
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NOTICE OF WITHDRAWAL OF ATTORNEY ASSOCIATED WITH COUNSEL FOR PLAINTIFFS AND REQUEST TO REMOVE NAME FROM ELECTRONIC SERVICE LIST by All Plaintiffs. (Kosmo, Trevor) (Entered: 07/17/2023)
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July 17, 2023
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July 17, 2023
PACER
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79
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JOINT STATUS REPORT by The GEO Group, Inc.. (Paloutzian, Dirk) (Entered: 10/05/2023)
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Oct. 5, 2023
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Oct. 5, 2023
PACER
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80
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NOTICE of Change in Designation of Counsel for Service and Request to Withdraw Wayne Calabrese as Attorney of Record and From Service List by The GEO Group, Inc.. (Paloutzian, Dirk) (Entered: 10/05/2023)
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Oct. 5, 2023
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Oct. 5, 2023
PACER
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81
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ORDER by Chief Judge Kimberly J. Mueller: Due to the elevation of U.S. District Judge Ana I. de Alba to the Ninth Circuit Court of Appeals, the court finds it necessary to temporarily reassign this case to No District Court Judge (NODJ) until a new district judge is appointed. (Maldonado, C) (Entered: 12/04/2023)
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Dec. 4, 2023
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Dec. 4, 2023
PACER
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82
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NOTICE (of Withdrawal of Attorney Associated with Counsel for Plaintiffs and Request to Remove Name from Electronic Service List) by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. (Galvan, Ernest) (Entered: 12/26/2023)
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Dec. 26, 2023
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Dec. 26, 2023
RECAP
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83
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JOINT STATUS REPORT by The GEO Group, Inc.. (Paloutzian, Dirk) (Entered: 01/03/2024)
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Jan. 3, 2024
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Jan. 3, 2024
PACER
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84
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ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of District Judge Kirk E. Sherriff to the bench of the Eastern District of California, this action is reassigned from No District Court Judge (NODJ) to District Judge Kirk E. Sherriff for all further proceedings. All dates currently set in this reassigned action shall remain pending subject to further order of the court. (Attachments: # 1 Standing Order) (Lundstrom, T) (Entered: 03/14/2024)
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March 14, 2024
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March 14, 2024
PACER
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85
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JOINT STATUS REPORT by The GEO Group, Inc.. (Paloutzian, Dirk) (Entered: 04/02/2024)
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April 2, 2024
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April 2, 2024
PACER
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