1
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COMPLAINT against All Defendants by All Plaintiffs. Attorney Margolin, Allison B. added. (Filing fee $ 402, receipt number 0972-9637137) (Attachments: # 1 Civil Cover Sheet)(Margolin, Allison) (Entered: 06/04/2021)
1 Civil Cover Sheet
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June 4, 2021
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June 4, 2021
Clearinghouse
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2
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SUMMONS ISSUED as to *County of Siskiyou, Brandon Criss, Jesus Fernandez, Ray Haupt, Edward Kiernan, Michael Kobseff, Jeremiah LaRue, Nancy Ogren, Ed Valenzuela* with answer to complaint due within *21* days. Attorney *Allison B. Margolin* *Margolin & Lawrence Attorneys at Law* *8484 Wilshire Blvd., Suite 440* *Beverly Hills, CA 90211*. (Benson, A.) (Entered: 06/04/2021)
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June 4, 2021
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June 4, 2021
PACER
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3
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CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/14/2021 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Benson, A.) (Entered: 06/04/2021)
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June 4, 2021
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June 4, 2021
PACER
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4
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MOTION for TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Plaintiffs. (Attachments: # 1 TRO Checklist, # 2 Notice and Declaration of Counsel, # 3 Proposed Order # 4 Affidavit of Plaintiff or Witness, # 5 Affidavit of Plaintiff or Witness, # 6 Affidavit of Plaintiff or Witness, # 7 Affidavit of Plaintiff or Witness, # 8 Affidavit of Plaintiff or Witness, # 9 Affidavit of Plaintiff or Witness, # 10 Affidavit of Plaintiff or Witness, # 11 Affidavit of Plaintiff or Witness, # 12 Affidavit of Plaintiff or Witness, # 13 Affidavit of Plaintiff or Witness, # 14 Affidavit of Plaintiff or Witness, # 15 Affidavit of Plaintiff or Witness)(Margolin, Allison) (Docket Text Modified on 6/4/2021 by C. Schultz) (Entered: 06/04/2021)
1 Supplement TRO Checklist
View on PACER
2 Notice Notice and Dec. of Counsel
View on PACER
3 Proposed Order Proposed Order for Prelim. Injunction and Equitable Relief
View on PACER
4 Affidavit Affidavit of Plaintiff or Witness
View on PACER
5 Affidavit Affidavit of Plaintiff or Witness
View on PACER
6 Affidavit Affidavit of Plaintiff or Witness
View on PACER
7 Affidavit Affidavit of Plaintiff or Witness
View on PACER
8 Affidavit Affidavit of Plaintiff or Witness
View on RECAP
9 Affidavit Affidavit of Plaintiff or Witness
View on PACER
10 Affidavit Affidavit of Plaintiff or Witness
View on PACER
11 Affidavit Affidavit of Plaintiff or Witness
View on PACER
12 Affidavit Affidavit of Plaintiff or Witness
View on PACER
13 Affidavit Affidavit of Plaintiff or Witness
View on PACER
14 Affidavit Affidavit of Plaintiff or Witness
View on PACER
15 Affidavit Affidavit of Plaintiff or Witness
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June 4, 2021
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June 4, 2021
PACER
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5
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MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 6/7/2021: The court has carefully reviewed Plaintiffs' Ex Parte Application for Temporary Restraining Order, ECF No. 4, and supporting Declarations, and finds Plaintiffs have not on this record established they are entitled to a temporary restraining order without the court's providing Defendants an opportunity to respond. Additionally, the court discerns no immediate harm to Plaintiffs in the next several days if the court sets the time for full briefing on an expedited basis. Accordingly, Defendants are provided until 4:00 p.m. on Wednesday, 6/9/2021, to file an opposition, and Plaintiffs may then file a reply by 4:00 PM on Friday, 6/11/221, at which time the matter will be submitted unless the court determines a hearing is necessary. Plaintiffs shall promptly notify Defendants of this Minute Order and briefing schedule, and file proof of such notice on the court's docket. SO ORDERED. (Text Only Entry)(Schultz, C) (Entered: 06/07/2021)
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June 7, 2021
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June 7, 2021
PACER
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6
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DECLARATION OF COUNSEL re 5 MINUTE ORDER by All Plaintiffs. (Margolin, Allison) Modified on 6/8/2021 (Kaminski, H). (Entered: 06/07/2021)
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June 7, 2021
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June 7, 2021
RECAP
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7
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OPPOSITION by County of Siskiyou to 4 Motion for TRO, Motion for Preliminary Injunction. Attorney Spinelli, Domenic D. added. (Attachments: # 1 Declaration of William Carroll)(Spinelli, Domenic) Modified on 6/10/2021 (Kaminski, H). (Entered: 06/09/2021)
1 Declaration OF WILLIAM CARROLL, DEPUTY COUNTY COUNSEL, OFFICE OF THE COUNTY COUN
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June 9, 2021
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June 9, 2021
PACER
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8
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LETTER from J. Scott Donald by Defendant County of Siskiyou re 4 Motion for TRO, Motion for Preliminary Injunction. (Attachments: # 1 Declaration of Rick Dean)(Spinelli, Domenic) Modified on 6/10/2021 (Kaminski, H). (Entered: 06/10/2021)
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June 10, 2021
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June 10, 2021
PACER
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9
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REPLY by Plaintiffs re 7 Opposition to Motion. (Attachments: # 1 Supplemental Affidavit of Nathan Thao, # 2 Affidavit of Boua Hue Vue, # 3 Affidavit of Mao Thao, # 4 Affidavit of Jerry Vang, # 5 Affidavit of Nhia Thai Vang, # 6 Affidavit of Antonio Lee, # 7 Affidavit of Mai Yang Lee, # 8 Affidavit of Koua Lee, # 9 Affidavit of Pao Lee, # 10 Affidavit of Khue Cha, # 11 Affidavit of Stephen Griset, # 12 Exhibit A)(Margolin, Allison) Modified on 6/15/2021 (Mena-Sanchez, L). (Entered: 06/11/2021)
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June 11, 2021
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June 11, 2021
PACER
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10
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(VACATED PER ORDER AT ECF NO. 50) MINUTE ORDER issued by Relief Courtroom Deputy L. Kennison for Chief District Judge Kimberly J. Mueller ORDERING this matter REFERRED to Magistrate Judge Dennis M. Cota for pretrial scheduling. Accordingly, the Status (Pretrial Scheduling) Conference set for 10/14/2021 before Chief District Judge Kimberly J. Mueller is VACATED, and will be reset by Magistrate Judge Dennis M. Cota. Plaintiffs shall serve a copy of this minute order on Defendants not yet appearing. (Text Only Entry)(Kennison, L) (Docket Text Modified on 9/22/2021 by C. Schultz: Vacated Language Added.) (Entered: 06/15/2021)
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June 15, 2021
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June 15, 2021
PACER
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11
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ORDER signed by Chief District Judge Kimberly J. Mueller on 6/15/2021 DENYING 4 Motion for Temporary Restraining Order. A Preliminary Injunction hearing is SET for 7/28/2021 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The hearing will be by videoconference. Plaintiffs may file a brief in support of their Request for Injunctive Relief by 6/30/2021. Defendants response by 7/14/2021, and any, reply by 7/21/2021.(Reader, L) (Entered: 06/15/2021)
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June 15, 2021
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June 15, 2021
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12
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MINUTE ORDER issued by Courtroom Deputy C. Pine for Magistrate Judge Dennis M. Cota on 6/16/2021: This matter is set for an Initial Scheduling Conference on 10/20/2021 at 11:00 AM in Redding before Magistrate Judge Dennis M. Cota. Plaintiffs shall serve a copy of this minute order on Defendants not yet appearing.(Pine, C) (Entered: 06/16/2021)
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June 16, 2021
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June 16, 2021
PACER
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13
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NOTICE of ASSOCIATION of COUNSEL by All Defendants. Attorney Donald, J. Scott added. (Donald, J.) (Entered: 06/18/2021)
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June 18, 2021
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June 18, 2021
PACER
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14
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ASSOCIATION of ATTORNEY J. Scott Donald for defendants. (Donald, J.) Modified on 6/22/2021 (Kastilahn, A). (Entered: 06/21/2021)
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June 21, 2021
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June 21, 2021
PACER
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15
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REQUEST to CONTINUE Briefing and Hearing Schedule on Plaintiffs' Pending Motion for Preliminary Injunction filed by Antonio Lee, et al., (Margolin, Allison) (Docket Text Modified on 7/1/2021 by C. Schultz) (Entered: 06/29/2021)
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June 29, 2021
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June 29, 2021
PACER
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16
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DECLARATION of Counsel J. Raza Lawrence in support of 15 Motion to Continue. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Margolin, Allison) Modified on 7/6/2021 (Mena-Sanchez, L). (Entered: 06/29/2021)
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June 29, 2021
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June 29, 2021
PACER
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17
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SUPPLEMENTAL 4 MEMORANDUM in support of Plaintiff's Ex Parte Application for a TRO and Motion for Preliminary Injunction, filed by Antonio Lee, et al., (Margolin, Allison) (Docket Text Modified on 7/1/2021 by C. Schultz) (Entered: 06/30/2021)
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June 30, 2021
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June 30, 2021
RECAP
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18
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MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 7/1/2021: The Request to Continue, ECF No. 15, which the court construes as an Ex Parte Application to Continue, is GRANTED for good cause shown. The dates and deadlines set in the court's Order at ECF No. 11 are VACATED. The parties are directed to meet and confer and propose a schedule for briefing and hearing Plaintiffs' Request for Injunctive Relief and Proposal to Amend the Complaint. (Text Only Entry)(Schultz, C) (Entered: 07/01/2021)
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July 1, 2021
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July 1, 2021
PACER
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19
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STIPULATION and PROPOSED ORDER for Continuance of Briefing and Hearing Schedule on Motion for Preliminary Injunction by Antonio Lee, et al., . (Margolin, Allison) Modified on 8/25/2021 (Benson, A.). (Entered: 07/07/2021)
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July 7, 2021
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July 7, 2021
PACER
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20
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ORDER signed by Chief District Judge Kimberly J. Mueller on 7/8/2021 MOTION HEARING 4 re Motion for Preliminary Injunction RESET for 8/6/2021 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller.(Reader, L) (Entered: 07/09/2021)
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July 9, 2021
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July 9, 2021
RECAP
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21
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SUPPLEMENT by Antonio Lee, et al., re 4 Motion for Motion for Temporary Restraining Order, 17 Memorandum in Support of Motion. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). (Entered: 07/15/2021)
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July 15, 2021
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July 15, 2021
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22
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DECLARATION of Chris Conrad re 21 Supplement. (Margolin, Allison) (Entered: 07/15/2021)
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July 15, 2021
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July 15, 2021
RECAP
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23
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AFFIDAVIT of Der Lee re 21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, et al., (Margolin, Allison) Modified on 7/26/2021 (Reader, L). (Entered: 07/15/2021)
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July 15, 2021
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July 15, 2021
RECAP
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24
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AFFIDAVIT of Koua Lee re 21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, et al., (Margolin, Allison) Modified on 7/26/2021 (Reader, L). (Entered: 07/15/2021)
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July 15, 2021
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July 15, 2021
RECAP
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25
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AFFIDAVIT of Khue Cha re 21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). (Entered: 07/15/2021)
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July 15, 2021
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July 15, 2021
RECAP
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26
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AFFIDAVIT of Nhia Thai Vang re 21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). (Entered: 07/15/2021)
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July 15, 2021
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July 15, 2021
RECAP
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27
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AFFIDAVIT of Zeng Lee re 21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). (Entered: 07/15/2021)
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July 15, 2021
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July 15, 2021
RECAP
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28
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AFFIDAVIT of Edward Szendrey re 21 Supplement to Motion for TRO and Preliminary Injunction by Antonio Lee, Pao Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang. (Margolin, Allison) Modified on 7/26/2021 (Reader, L). (Entered: 07/15/2021)
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July 15, 2021
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July 15, 2021
RECAP
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29
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FIRST AMENDED COMPLAINT against All Defendants by Antonio Lee, et al., .(Margolin, Allison) (Entered: 07/15/2021)
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July 15, 2021
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July 15, 2021
Clearinghouse
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30
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SUMMONS ISSUED as to *California Department of Forestry and Fire Protection* with answer to complaint due within *21* days. Attorney *Allison B. Margolin* *Margolin & Lawrence* *8484 Wilshire Blvd., Suite 440* *Beverly Hills, California 90211*. (Reader, L) (Entered: 07/26/2021)
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July 26, 2021
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July 26, 2021
PACER
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31
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[DISREGARD SEE [ 32 ]OPPOSITION by County of Siskiyou, Brandon Criss, Jesus Fernandez, Ray Haupt, Edward Kiernan, Michael Kobseff, Jeremiah LaRue, Nancy Ogren, Ed Valenzuela to 4 Motion for TRO, Motion for Preliminary Injunction. (Attachments: # 1 Declaration of Donna Hamilton, # 2 Declaration of Jeremiah LaRue, # 3 Declaration of Craig Kay, # 4 Declaration of Bryan Schenone, # 5 Declaration of Kirk Skierski, # 6 Declaration of J. Scott Donald, # 7 Objection to Der Lee, # 8 Objection to Khue Cha, # 9 Objection to Koua Lee, # 10 Objection to Nhia Thai Vang, dated 6.11.21, # 11 Objection to Nhia Thai Vang, dated 7.6.21, # 12 Objection to Szendrey, dated 6.3.21, # 13 Objection to Szendrey, dated 6.11.21, # 14 Objection to Szendrey, dated 7.14.21, # 15 Objection to Zeng Lee Vang)(Donald, J.) Modified on 7/29/2021 (Reader, L). Modified on 7/29/2021 (Reader, L). (Entered: 07/28/2021)
1 Declaration of Donna Hamilton
View on RECAP
2 Declaration of Jeremiah LaRue
View on RECAP
3 Declaration of Craig Kay
View on RECAP
4 Declaration of Bryan Schenone
View on RECAP
5 Declaration of Kirk Skierski
View on RECAP
6 Declaration of J. Scott Donald
View on RECAP
7 Def Objection to Der Lee
View on RECAP
8 Objection to Khue Cha
View on RECAP
9 bjection to Koua Lee
View on RECAP
10 Objection to Nhia Thai Vang, dated 6.11.21
View on RECAP
11 Objection to Nhia Thai Vang, dated 7.6.21
View on RECAP
12 Objection to Szendrey, dated 6.3.21
View on RECAP
13 Objection to Szendrey, dated 6.11.21
View on RECAP
14 Objection to Szendrey, dated 7.14.21
View on RECAP
15 Objection to Zeng Lee Vang
View on RECAP
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July 28, 2021
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July 28, 2021
RECAP
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32
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AMENDED OBJECTIONS by County of Siskiyou, et al., to 31 Opposition to Motion. (Attachments: # 1 Khue Cha affidavit of 6-11-21, # 2 Koua Lee affidavit of 6.11.21, # 3 Nhia Thai Vang affidavit of 6.11.21, # 4 Nhia Thai Vang affidavit of 7.6.21, # 5 Szendrey affidavit of 6.3.21, # 6 Szendrey supp affidavit of 6.11.21, # 7 Szendrey supp affidavit of 7.14.21, # 8 Zeng Lee affidavit of 7.6.21)(Donald, J.) Modified on 7/30/2021 (Reader, L). (Entered: 07/29/2021)
1 Amended Objections to Khue Cha affidavit of 6-11-21
View on RECAP
2 Amended Objections to Koua Lee affidavit of 6.11.21
View on RECAP
3 Amended Objections to Nhia Thai Vang affidavit of 6.11.21
View on RECAP
4 Amended Objections to Nhia Thai Vang affidavit of 7.6.21
View on RECAP
5 Amended Objections to Szendrey affidavit of 6.3.21
View on RECAP
6 Amended Objections to Szendrey supp affidavit of 6.11.21
View on RECAP
7 Amended Objections to Szendrey supp affidavit of 7.14.21
View on RECAP
8 Amended Objections to Zeng Lee affidavit of 7.6.21
View on RECAP
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July 29, 2021
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July 29, 2021
RECAP
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33
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REPLY by plaintiffs in support of request for preliminary injunction Attorney Margolin, Allison B. added. (Attachments: # 1 Declaration of Counsel, # 2 Affidavit of Der Lee, # 3 Affidavit of Edward Szendrey)(Margolin, Allison) (Entered: 08/04/2021)
1 Declaration of Counsel
View on PACER
2 Affidavit of Plaintiff Der Lee
View on PACER
3 Affidavit of Edward Szendrey
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Aug. 4, 2021
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Aug. 4, 2021
PACER
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34
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OBJECTIONS by Defendants to 33 Reply in support of request for preliminary injunction. (Donald, J.) (Entered: 08/05/2021)
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Aug. 5, 2021
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Aug. 5, 2021
PACER
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35
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SUPPLEMENTAL DECLARATION of Allison B. Margolin in support of motion for preliminary injunction. Objections. (Margolin, Allison) (Entered: 08/05/2021)
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Aug. 5, 2021
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Aug. 5, 2021
RECAP
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36
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REQUEST for LEAVE TO EXCEED THE PAGE LIMIT by Plaintiffs. (Margolin, Allison) (Entered: 08/05/2021)
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Aug. 5, 2021
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Aug. 5, 2021
PACER
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37
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MINUTES for MOTION HEARING held (via videoconference) before Chief District Judge Kimberly J. Mueller on 8/6/2021. Attorneys, Allison Margolin and J. Raza Lawrence, present for plaintiffs. Plaintiff, Dilevon Lo, present. Attorney, J. Scott Donald, present for defendants except California Department of Forestry and Fire Protection. Chief Judge Mueller advised the parties that within her role as Chief Judge she testified before a congress sub-committee earlier this year, and asked the parties to let her know if this raised concerns for them. The court heard argument as to Plaintiffs' Motion for Preliminary Injunction, ECF No. 4 . After careful consideration of the parties' arguments, the court GRANTED Defendants seven (7) days to file to file a 10 page sur-reply; whereupon, the matter will be submitted. The court advised the parties that they would be referred to a mandatory mediation session early next week. The mediation session will be set by separate order. Court Reporter: Tiphanne Crowe. (Text Only Entry) (Schultz, C) (Entered: 08/06/2021)
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Aug. 6, 2021
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Aug. 6, 2021
PACER
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38
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MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/6/2021: As discussed at hearing, based on statements by some plaintiffs under oath that they and others lack water for basic needs, and based on other evidence discussed at hearing and in the parties' briefing, this matter is immediately REFERRED to mandatory mediation with Ninth Circuit Mediator Steve Saltiel, with a mediation to occur promptly. The purpose of the mediation will be to ensure that people living in the Mount Shasta Vista subdivision have water to meet their basic needs while the court considers the pending motion for a preliminary injunction. The parties are ORDERED to participate in mediation as convened by Mr. Saltiel, with principals present as he directs. SO ORDERED. (Text Only Entry)(Schultz, C) (Entered: 08/06/2021)
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Aug. 6, 2021
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Aug. 6, 2021
PACER
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39
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TRANSCRIPT REQUEST by Khue Cha, Antonio Lee, Der Lee, Koua Lee, Pao Lee, Zeng Lee, Dilevon Lo, Mao Thao, Nathan Thao, Jerry Vang, Nhia Thai Vang for proceedings held on August 6, 2021 before Judge Hon. Kimberly J. Mueller. Court Reporter Tiphanne Crowe. (Margolin, Allison) (Entered: 08/11/2021)
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Aug. 11, 2021
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Aug. 11, 2021
PACER
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40
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TRANSCRIPT of Plaintiffs' Motion for Preliminary Injunction Proceedings held on 08/06/2021, before Chief District Judge Kimberly J. Mueller, filed by Court Reporter Tiphanne Crowe, Phone number 916-743-0122 E-mail Tcrowe.CSR@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 9/3/2021. Redacted Transcript Deadline set for 9/13/2021. Release of Transcript Restriction set for 11/12/2021. (Crowe, T) (Entered: 08/13/2021)
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Aug. 13, 2021
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Aug. 13, 2021
RECAP
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41
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REPLY by County of Siskiyou, Brandon Criss, Jesus Fernandez, Ray Haupt, Edward Kiernan, Michael Kobseff, Jeremiah LaRue, Nancy Ogren, Ed Valenzuela re 21 Supplement. (Attachments: # 1 Supplemental Declaration of Jeremiah LaRue, # 2 Declaration of J. Scott Donald, # 3 Declaration of Edward Kiernan, # 4 Declaration of Rick Dean, # 5 Declaration of Ray A. Haupt)(Donald, J.) Modified on 8/17/2021 (Reader, L). (Entered: 08/13/2021)
1 Declaration Supplemental Declaration of Jeremiah LaRue
View on RECAP
2 Declaration Declaration of J. Scott Donald
View on RECAP
3 Declaration Declaration of Edward Kiernan
View on RECAP
4 Declaration Declaration of Rick Dean
View on RECAP
5 Declaration Declaration of Ray A. Haupt
View on RECAP
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Aug. 13, 2021
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Aug. 13, 2021
RECAP
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42
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MOTION to PARTICIPATE as AMICI CURIAE; REQUEST to SHORTEN TIME by ACLU of Northern CA, Asian Law Caucus. Attorney Do, John Thomas H. added. (Attachments: # 1 Amicus Brief, # 2 Declaration John Thomas H. Do, Esq., # 3 Proposed Order)(Do, John Thomas) Modified on 8/17/2021 (Reader, L). (Entered: 08/13/2021)
1 Memorandum Amicus Brief
View on PACER
2 Declaration John Thomas H. Do, Esq.
View on PACER
3 Proposed Order
View on PACER
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Aug. 13, 2021
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Aug. 13, 2021
PACER
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43
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NOTICE of ERRATA: 42 Declaration John Thomas H. Do. (Attachments: # 1 Declaration John Thomas H. Do, Esq.)(Do, John Thomas) Modified on 8/16/2021 (Benson, A.). (Entered: 08/16/2021)
1 Declaration John Thomas H. Do, Esq.
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Aug. 16, 2021
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Aug. 16, 2021
PACER
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44
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ORDER signed by Chief District Judge Kimberly J. Mueller on 08/16/21 GRANTING 42 Ex Parte Application to Shorten Time; any opposition to the 18 Motion to Participate as Amici Curie by ACLU, et al., is due 08/18/21 at 5:00 p.m. with any reply due 08/19/21 at 5:00 p.m. (Benson, A.) (Entered: 08/16/2021)
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Aug. 16, 2021
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Aug. 16, 2021
RECAP
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45
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OPPOSITION by County of Siskiyou, et al., 4 Motion for TRO, Motion for Preliminary Injunction. (Attachments: # 1 Declaration of J. Scott Donald, # 2 Declaration of Jeffrey C. Chiao)(Donald, J.) Modified on 8/20/2021 (Reader, L). (Entered: 08/18/2021)
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Aug. 18, 2021
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Aug. 18, 2021
PACER
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46
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ORDER signed by Chief District Judge Kimberly J. Mueller on 8/20/21 ORDERING that the ACLU of Northern California and the Asian Law Caucus are granted leave to file their proposed amicus curiae brief, and that proposed brief is deemed filed. The motion to participate in the upcoming court-ordered mediation is also granted. The mediator has full authority to guide the amicis' participation. This order does not permit further participation by the ACLU of Northern California and Asian Law Caucus as amici without prior leave of court. (Kaminski, H) (Entered: 08/20/2021)
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Aug. 20, 2021
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Aug. 20, 2021
RECAP
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47
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ORDER signed by Chief District Judge Kimberly J. Mueller on 09/03/21 GRANTING IN PART 4 Motion for Preliminary Injunction; until further order of this court, Siskiyou County and its officers, agents, employees, and any person acting in concert with it are ENJOINED from enforcing Siskiyou County Ordinance Nos. 21-07 and 21-08, both adopted 05/04/21. (Benson, A.) (Entered: 09/03/2021)
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Sept. 3, 2021
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Sept. 3, 2021
Clearinghouse
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48
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ANSWER with Jury Demand by County of Siskiyou, Brandon Criss, Jesus Fernandez, Ray Haupt, Edward Kiernan, Michael Kobseff, Jeremiah LaRue, Nancy Ogren, Ed Valenzuela.(Donald, J.) (Entered: 09/13/2021)
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Sept. 13, 2021
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Sept. 13, 2021
RECAP
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49
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ORDER signed by Magistrate Judge Dennis M. Cota on 9/21/21 ORDERING that the Clerk randomly assign this case to another Magistrate Judge for all further proceedings. This case has been randomly assigned to Magistrate Judge Allison Claire. Henceforth, the new case number is 2:21-cv-00999 KJM AC. (Kastilahn, A) (Entered: 09/21/2021)
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Sept. 21, 2021
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Sept. 21, 2021
RECAP
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50
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MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 9/22/2021: In light of Magistrate Judge Dennis M. Cota's Recusal Order, filed at ECF No. 49, the Minute Order, filed at ECF No. 10, is VACATED. Accordingly, the Status (Pretrial Scheduling) Conference set for 10/20/2021 before Magistrate Judge Dennis M. Cota is VACATED and RESET 10/28/2021 at 2:30 PM before Chief District Judge Kimberly J. Mueller. The parties shall file a Joint Status Report no later than 10/14/2021. The October Status Conference will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry) (Schultz, C) (Entered: 09/22/2021)
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Sept. 22, 2021
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Sept. 22, 2021
PACER
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~Util - 1 Set/Reset Deadlines and Hearings AND Minute Order
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Sept. 22, 2021
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Sept. 22, 2021
PACER
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51
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JOINT STATUS REPORT by Khue Cha, et al.,. (Margolin, Allison) Modified on 10/15/2021 (Benson, A.). (Entered: 10/14/2021)
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Oct. 14, 2021
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Oct. 14, 2021
PACER
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52
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NOTICE of APPEARANCE by Jeffrey Chih-Yeu Chiao on behalf of County of Siskiyou. Attorney Chiao, Jeffrey Chih-Yeu added. (Chiao, Jeffrey) (Entered: 10/21/2021)
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Oct. 21, 2021
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Oct. 21, 2021
PACER
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53
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MINUTES for SCHEDULING CONFERENCE held (via videoconference) before Chief District Judge Kimberly J. Mueller on 10/28/2021, and FRCP 16 BENCH ORDER: Plaintiffs' Counsel, J. Raza Lawrence and Allison Magolin, present. Defendants' Counsel, J. Scott Donald and Jeffrey Chiao, present. The court and counsel discussed case scheduling. After careful consideration of the parties' comments, the court ORDERED the following pre-trial case schedule: The court confirmed dismissal of CalFire and directed the parties to file their stipulation within seven (7) days of this order; Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed by 11/26/2021; fact discovery shall be completed by 2/9/2023; expert disclosures shall be completed by 3/9/2023; rebuttal expert witnesses shall be exchanged by 4/6/2023; all expert discovery shall be completed by 6/15/2023; and all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be heard by 10/27/2023. Motions regarding discovery shall be noticed before the Magistrate Judge, as provided by Local Rule 302(c). After consideration of the parties' comments related to settlement, the parties will notify the court whether they request a court settlement conference date or referral to the Voluntary Dispute Resolution Program (VDRP) prior to any final pretrial conference. The parties shall file said notification or request for referral jointly, in writing. This case schedule will become final without further order of the court unless objections are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be modified except by leave of court upon showing of good cause. All provisions of the court's standing scheduling order for Civil Cases filed concurrently herewith are incorporated therein. SO ORDERED. Court Reporter: Thresha Spencer. (Text Only Entry) (Schultz, C) (Entered: 10/28/2021)
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Oct. 28, 2021
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Oct. 28, 2021
PACER
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54
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STANDING SCHEDULING ORDER issued by Courtroom Deputy C. Schultz for Chief Judge Kimberly J. Mueller on 10/28/2021. (Schultz, C) (Entered: 10/28/2021)
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Oct. 28, 2021
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Oct. 28, 2021
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~Util - 1 Set/Reset Deadlines and Hearings AND Scheduling Conference
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Oct. 28, 2021
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Oct. 28, 2021
PACER
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55
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STIPULATION for DISMISSAL without prejudice by All Plaintiffs. (Margolin, Allison) Modified on 11/5/2021 (Huang, H). (Entered: 11/04/2021)
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Nov. 4, 2021
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Nov. 4, 2021
RECAP
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56
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MINUTE ORDER issued by Relief Courtroom Deputy M. York for Chief District Judge Kimberly J. Mueller on 11/15/2021: Defendant California Department of Forestry and Fire is DISMISSED, without prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the Stipulation for Dismissal, ECF No. 55 . (Text Only Entry) (York, M) (Entered: 11/15/2021)
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Nov. 15, 2021
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Nov. 15, 2021
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~Util - Add and Terminate Parties AND Minute Order
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Nov. 15, 2021
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Nov. 15, 2021
PACER
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57
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MOTION for DISSOLUTION of 47 ORDER Granting a Partial Preliminary Injunction by Defendants. Motion Hearing SET for 3/25/2022 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Request for Judicial Notice, # 3 Affidavit of Rick Dean, # 4 Affidavit of Jeremiah LaRue, # 5 Affidavit of Ray Haupt)(Donald, J.) Modified on 2/23/2022 (Mena-Sanchez, L). (Entered: 02/18/2022)
1 Memorandum of Points and Authorities
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2 Request for Judicial Notice
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3 Affidavit of Rick Dean
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4 Affidavit of Jeremiah LaRue
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5 Affidavit of Ray Haupt
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Feb. 18, 2022
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Feb. 18, 2022
PACER
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58
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MOTION for EXTENSION OF TIME to File Opposition to Defendants' Motion to Dissolve Court Order by Dilevon Lo. (Attachments: # 1 Declaration)(Margolin, Allison) Modified on 3/2/2022 (Kaminski, H). (Entered: 03/01/2022)
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March 1, 2022
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March 1, 2022
PACER
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59
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MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 3/4/2022: Good cause appearing, the court GRANTS Plaintiffs' Request for Extension of Time, ECF No. 58 . Accordingly, the deadline for Plaintiffs to file an Opposition to Defendants' Motion for Dissolution of the Court's Order Granting a Partial Preliminary Injunction, ECF No. 57, is EXTENDED to 3/24/2022, and the Motion Hearing set for 3/25/2022 is RESET for 4/15/2022 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Text Only Entry)(Schultz, C) (Entered: 03/04/2022)
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March 4, 2022
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March 4, 2022
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Order on Motion for Extension AND ~Util - Set/Reset Motion Hearing AND Minute Order
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March 4, 2022
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March 4, 2022
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~Util - Set/Reset Motion Hearing AND Order on Motion for Extension AND Minute Order
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March 4, 2022
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March 4, 2022
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Order on Motion for Extension AND Minute Order AND ~Util - Set/Reset Motion Hearing
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March 4, 2022
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March 4, 2022
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63
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[DISREGARD ENTERED IN ERROR] MOTION to QUASH by Jose Negrete K-34346. (Reader, L) Modified on 3/25/2022 (Reader, L). (Entered: 03/25/2022)
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March 21, 2022
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March 21, 2022
PACER
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60
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MOTION to FURTHER PARTICIPATE AS AMICI CURIAE by ACLU of Northern California, Asian Law Caucus. (Attachments: # 1 Memorandum Amicus Brief, # 2 Declaration Dylan Verner-Crist, # 3 Declaration David Ely, # 4 Proposed Order)(Do, John Thomas) (Entered: 03/24/2022)
2
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3
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March 24, 2022
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March 24, 2022
PACER
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61
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OPPOSITION by Dilevon Lo to 57 Motion for Dissolution of the Court's Order Granting a Partial Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13)(Margolin, Allison) Modified on 3/25/2022 (Reader, L). (Entered: 03/24/2022)
1 Exhibit Exhibit 1
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2 Exhibit Exhibit 2
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3 Exhibit Exhibit 3
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4 Exhibit Exhibit 4
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5 Exhibit Exhibit 5
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6 Exhibit Exhibit 7
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7 Exhibit Exhibit 8
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8 Exhibit Exhibit 9
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9 Exhibit Exhibit 10
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10 Exhibit Exhibit 11
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11 Exhibit Exhibit 12
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12 Exhibit Exhibit 13
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March 24, 2022
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March 24, 2022
RECAP
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62
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DECLARATION of Nhia Thai Vang in opposition to 57 Motion for Dissolution of the Court's Order Granting a Partial Preliminary Injunction . (Attachments: # 1 Declaration of Koua Lee, # 2 Declaration of Khue Cha, # 3 Declaration of Frank Lor)(Margolin, Allison) Modified on 3/25/2022 (Reader, L). (Entered: 03/25/2022)
1 Declaration of Koua Lee
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2 Declaration of Khue Cha
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3 Declaration of Frank Lor
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March 25, 2022
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March 25, 2022
RECAP
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64
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[DISREGARD ENTERED IN ERROR] MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 03/25/2022 re 63 Motion to Quash. The hearing on the motion now calendared for Wednesday, April 27, 2022 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry)(Anderson, J) Modified on 3/25/2022 (Anderson, J). Modified on 3/25/2022 (Anderson, J). (Entered: 03/25/2022)
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March 25, 2022
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March 25, 2022
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65
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CLERK'S NOTICE of DOCKET CORRECTION Please DISREGARD entered in error re 63 Motion to Quash. (Text Only) (Reader, L) (Entered: 03/25/2022)
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March 25, 2022
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March 25, 2022
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Minute Order
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March 25, 2022
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March 25, 2022
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66
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[DISREGARD - DOCUMENT INCOMPLETE - COUNSEL TO REFILE] REPLY by County of Siskiyou, et al., re 57 Motion for Dissolution of Order. (Attachments: # 1 Affidavit of Jeremiah LaRue)(Donald, J.) Modified on 4/5/2022 (Benson, A.). (Entered: 04/04/2022)
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April 4, 2022
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April 4, 2022
PACER
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67
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REPLY by County of Siskiyou, et al., to 61 Opposition. (Attachments: # 1 Affidavit of Jeremiah LaRue)(Donald, J.) Modified on 4/5/2022 (Benson, A.). (Entered: 04/05/2022)
1 Affidavit of Jeremiah LaRue
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April 5, 2022
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April 5, 2022
RECAP
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68
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ORDER signed by Chief District Judge Kimberly J. Mueller on 4/5/2022 GRANTING 60 Motion to Participate Further as Amici Curiae; DEEMING the proposed amicus brief filed; and DIRECTING the parties to be prepared to discuss the correct interpretation of Karnoski and whether the choice affects the outcome of the pending motion to dissolve the preliminary injunction at Oral Argument on 4/15/2022. (Coll, A) (Entered: 04/06/2022)
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April 6, 2022
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April 6, 2022
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69
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(VACATED PER MINUTE ORDER FILED AT ECF NO. 70) MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 4/8/2022: On the court's own motion, the Hearing as to Defendants' Motion for Dissolution of the Court's Order Granting a Partial Preliminary Injunction, ECF No. 57, set for 4/15/2022 at 10:00 AM, is ADVANCED on the same date to 9:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Text Only Entry)(Schultz, C) (Docket Text Modified on 4/12/2022 by C. Schultz: Vacated Language Added.) (Entered: 04/08/2022)
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April 8, 2022
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April 8, 2022
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~Util - Set/Reset Motion Hearing AND Minute Order
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April 8, 2022
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April 8, 2022
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70
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MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 4/12/2022: The 4/8/2022 Minute Order, ECF No. 69, is VACATED. Accordingly, the Motion Hearing as to Defendants' Motion for Dissolution of the Court's Order Granting a Partial Preliminary Injunction, ECF No. 57, is CONFIRMED for 4/15/2022 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C) (Entered: 04/12/2022)
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April 12, 2022
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April 12, 2022
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~Util - Set/Reset Motion Hearing AND Minute Order
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April 12, 2022
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April 12, 2022
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71
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REQUEST for JUDICIAL NOTICE by Dilevon Lo. (Margolin, Allison) (Entered: 04/15/2022)
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April 15, 2022
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April 15, 2022
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72
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MINUTES for MOTION HEARING held before Chief District Judge Kimberly J. Mueller on 4/15/2022. Plaintiffs' Counsel, Allison Margolin and Geoffrey Gallegos, present. Defendants' Counsel, J. Scott Donald, present. Amicus' Counsel, John Do, Stanley Young, and Emi Young, present. The court heard oral argument as to the pending Motion for Dissolution of the Court's Order Granting a Partial Preliminary Injunction, ECF No. 57 . After careful consideration of the parties' arguments, the court took the matter under submission. A court order will issue to resolve the pending matter. Court Reporter: Thresha Spencer. (Text Only Entry) (Schultz, C) (Entered: 04/15/2022)
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April 15, 2022
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April 15, 2022
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Motion Hearing AND Order on Motion for Miscellaneous Relief
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April 15, 2022
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April 15, 2022
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73
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NOTICE of APPEARANCE as to all plaintiffs by Geoffrey Gallegos. (Gallegos, Geoffrey) Modified on 4/21/2022 (Zignago, K.). (Entered: 04/16/2022)
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April 16, 2022
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April 16, 2022
PACER
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74
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TRANSCRIPT REQUEST by ACLU of Northern California for proceedings held on 4/15/2022 before Judge Kimberly J. Mueller. Court Reporter Thresha Spencer. (Do, John Thomas) (Entered: 04/18/2022)
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April 18, 2022
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April 18, 2022
PACER
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75
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TRANSCRIPT REQUEST by County of Siskiyou et al for proceedings held on 04/15/2022 before Judge Kimberly J. Mueller. Court Reporter Thresha Spencer. (Donald, J.) (Entered: 04/22/2022)
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April 22, 2022
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April 22, 2022
PACER
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76
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TRANSCRIPT REQUEST by Dilevon Lo for proceedings held on 4/15/2022 before Judge Mueller. Court Reporter Thresha Spencer. (Margolin, Allison) (Entered: 04/25/2022)
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April 25, 2022
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April 25, 2022
PACER
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77
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TRANSCRIPT of Motion Hearing held on 4/15/2022, before Chief District Judge Kimberly J. Mueller, filed by Court Reporter Thresha Spencer, Phone number 916-730-2269 E-mail Thresha.csr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/20/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/28/2022. (Spencer, T) (Entered: 04/29/2022)
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April 29, 2022
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April 29, 2022
PACER
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78
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ORDER signed by Chief District Judge Kimberly J. Mueller on 5/12/2022 DENYING 57 Motion to Disolve the Preliminary Injunction and REFERRING this action to a settlement conference before the assigned magistrate judge to be conducted AS SOON AS POSSIBLE. (Coll, A) (Entered: 05/12/2022)
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May 12, 2022
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May 12, 2022
Clearinghouse
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79
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MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 05/16/2022: re 78 Order on Motion for Miscellaneous Relief. The parties are hereby notified that a Settlement Conference has been SET for July 7, 2022 at 9:00 a.m. in Courtroom #26 before Magistrate Judge Allison Claire. The conference is to be conducted by Zoom. The parties are to contact the Court Clerk at (916) 930-4199 or janderson@caed.uscourts.gov one week prior to the hearing in order to obtain the Zoom I/D and the Password. Each party is reminded of the requirement that it be represented at the settlement conference by a person with full settlement authority. See Local Rule 270. At least seven (7) days prior to the conference, June 30, 2022, the parties are directed to submit confidential settlement conference statements to chambers via email at acorders@caed.uscourts.gov. Such statements shall not be filed with the Clerk: however, each party shall e file a one-page document entitled Notice of Submission of Confidential Settlement Conference Statement. (Text Only Entry)(Anderson, J) (Entered: 05/16/2022)
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May 16, 2022
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May 16, 2022
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~Util - 1 Set/Reset Deadlines and Hearings AND Minute Order
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May 16, 2022
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May 16, 2022
PACER
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80
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MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 05/18/2022: re 79 Minute Order. On the Courts own motion the previously scheduled confidential settlement conference statement submission date of June 30, 2022 is VACATED and the parties are directed to submit the confidential settlement conference statements to chambers via email at acorders@caed.uscourts.gov by June 16, 2022. Such statements shall not be filed with the Clerk: however, each party shall e file a one-page document entitled Notice of Submission of Confidential Settlement Conference Statement. (Text Only Entry)(Anderson, J) (Entered: 05/18/2022)
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May 18, 2022
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May 18, 2022
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Minute Order
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May 18, 2022
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May 18, 2022
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81
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SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Dilevon Lo. (Margolin, Allison) (Entered: 05/26/2022)
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May 26, 2022
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May 26, 2022
RECAP
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82
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MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 5/31/2022: Plaintiffs' Request for Substitution of Attorney, ECF No. 81, is GRANTED. Accordingly, Attorney, Allison Margolin of Allison B. Margolin, PLC, is SUBSTITUTED as counsel of record for Plaintiffs in place of Attorneys James Raza Lawrence and Jennie W. Stepanian of Margolin & Lawrence. (Text Only Entry)(Schultz, C) (Entered: 05/31/2022)
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May 31, 2022
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May 31, 2022
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~Util - Add and Terminate Attorneys AND Minute Order
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May 31, 2022
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May 31, 2022
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83
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MOTION for JUDGMENT by County of Siskiyou, et al. Motion Hearing set for 7/29/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Points and Authorities, # 2 Declaration of Jeffrey C. Chiao)(Donald, J.) Modified on 6/13/2022 (Rodriguez, E). (Entered: 06/06/2022)
1 Points and Authorities
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2 Declaration of Jeffrey C. Chiao
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June 6, 2022
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June 6, 2022
RECAP
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84
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NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT STATEMENT by County of Siskiyou, Brandon Criss, Jesus Fernandez, Ray Haupt, Edward Kiernan, Michael Kobseff, Jeremiah LaRue, Nancy Ogren, Ed Valenzuela (Donald, J.) (Entered: 06/16/2022)
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June 16, 2022
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June 16, 2022
PACER
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85
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NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by Dilevon Lo: Notice of Submission of Confidential Settlement Conference Statement. (Gallegos, Geoffrey) (Entered: 06/16/2022)
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June 16, 2022
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June 16, 2022
RECAP
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86
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NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT STATEMENT by ACLU of Northern California, Asian Law Caucus (Do, John Thomas) (Entered: 06/16/2022)
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June 16, 2022
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June 16, 2022
RECAP
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87
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STIPULATION and PROPOSED ORDER for Dismissal of Certain Parties Without Prejudice and Withdrawal of ECF No. 83 by Dilevon Lo. (Gallegos, Geoffrey) (Entered: 06/21/2022)
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June 21, 2022
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June 21, 2022
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