Case: Gary G. v. Gavin Newsom

COMPLAINT Receipt No: ACACDC-35376781 - Fee: $402, filed by Plaintiffs Greg R., Sam E., Xander B., Gary G., Kevin E., Francesca B., David O., Henry P., Delilah B., Arnold. O., Teddy H.. (Attorney Jonathan Gregory Borle added to party Delilah B.(pty:pla), Attorney Jonathan Gregory Borle added to party Francesca B.(pty:pla), Attorney Jonathan Gregory Borle added to party Xander B.(pty:pla), Attorney Jonathan Gregory Borle added to party Kevin E.(pty:pla), Attorney Jonathan Gregory Borle added to party Sam E.(pty:pla), Attorney Jonathan Gregory Borle added to party Gary G.(pty:pla), Attorney Jonathan Gregory Borle added to party Teddy H.(pty:pla), Attorney Jonathan Gregory Borle added to party Arnold. O.(pty:pla), Attorney Jonathan Gregory Borle added to party David O.(pty:pla), Attorney Jonathan Gregory Borle added to party Henry P.(pty:pla), Attorney Jonathan Gregory Borle added to party Greg R.(pty:pla))(Borle, Jonathan) (Entered: 05/25/2023)

CIVIL COVER SHEET filed by Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H., Arnold. O., David O., Henry P., Greg R.. (Borle, Jonathan) (Entered: 05/25/2023)

NOTICE of Interested Parties filed by Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H., Arnold. O., David O., Henry P., Greg R., (Borle, Jonathan) (Entered: 05/25/2023)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, 1 filed by Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H., Arnold. O., David O., Henry P., Greg R.. (Borle, Jonathan) (Entered: 05/25/2023)

NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Brianna Fuller Mircheff. (sh) (Entered: 05/26/2023)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) (Entered: 05/26/2023)

Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) (Entered: 05/26/2023)

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),,, 1 as to Defendants California Department of Social Services, Kim Johnson, Members of the San Bernardino Board of Supervisors, Gavin Newsom, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda. (sh) (Entered: 05/26/2023)

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Marcia Robinson Lowry. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (sh) (Entered: 05/26/2023)

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Daniel Brown. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (sh) (Entered: 05/26/2023)

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Alexandria Amerine. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (sh) (Entered: 05/26/2023)

First APPLICATION of Non-Resident Attorney Marcia Robinson Lowry to Appear Pro Hac Vice on behalf of Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H., Arnold. O., David O., Henry P., Greg R. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35394867) filed by Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H., Arnold. O., David O., Henry P., Greg R.. Application set for hearing on 7/13/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: # 1 Exhibit) (Borle, Jonathan) (Entered: 05/30/2023)

First APPLICATION of Non-Resident Attorney Alexandria Amerine to Appear Pro Hac Vice on behalf of Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H., Arnold. O., David O., Henry P., Greg R. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35394941) filed by Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H., Arnold. O., David O., Henry P., Greg R.. Application set for hearing on 7/13/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: # 1 Exhibit) (Borle, Jonathan) (Entered: 05/30/2023)

First APPLICATION of Non-Resident Attorney Daniel Brown to Appear Pro Hac Vice on behalf of Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35398103) filed by Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H.. Application set for hearing on 7/13/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: # 1 Exhibit) (Borle, Jonathan) (Entered: 05/30/2023)

STIPULATION Extending Time to Answer the complaint as to San Bernardino County Child and Family Services answer now due 7/20/2023; Jeany Zepeda answer now due 7/20/2023; Members of the San Bernardino Board of Supervisors answer now due 7/20/2023; San Bernardino County answer now due 7/20/2023, re Complaint (Attorney Civil Case Opening),,, 1 filed by Defendants San Bernardino County Child and Family Services; Jeany Zepeda; Members of the San Bernardino Board of Supervisors; San Bernardino County.(Attorney Laura Lynn Crane added to party Members of the San Bernardino Board of Supervisors(pty:dft), Attorney Laura Lynn Crane added to party San Bernardino County(pty:dft), Attorney Laura Lynn Crane added to party San Bernardino County Child and Family Services(pty:dft), Attorney Laura Lynn Crane added to party Jeany Zepeda(pty:dft))(Crane, Laura) (Entered: 06/01/2023)

ORDER by Judge Maame Ewusi-Mensah Frimpong: Granting 12 Non-Resident Attorney Marcia R. Lowry APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, designating Polly Towill as local counsel. (twdb) (Entered: 06/06/2023)

ORDER by Judge Maame Ewusi-Mensah Frimpong: Granting 13 Non-Resident Attorney Alexandria D. Amerine APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, designating Polly Towill as local counsel. (twdb) (Entered: 06/06/2023)

ORDER by Judge Maame Ewusi-Mensah Frimpong: Granting 14 Non-Resident Attorney Daniel L. Brown APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, designating Polly Towill as local counsel. (twdb) (Entered: 06/06/2023)

TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. This matter has been assigned to District Judge Maame Ewusi-Mensah Frimpong. The Court refers counsel to the Court's Initial Standing Order found on the Court's website under Judge Frimpong's Procedures and Schedules. Please read the Standing Order carefully. It is the responsibilities of the parties to maintain familiarly with the Standing Order and any future amendments that the Court may issue by periodically checking the Court's website for the operative version of the Standing Order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY (Entered: 06/06/2023)

Text Only Scheduling Notice

STIPULATION for Extension of Time to File Answer to July 20, 2023 filed by DEFENDANTS California Department of Social Services, Kim Johnson, Gavin Newsom.(Attorney Jacquelyn Young added to party California Department of Social Services(pty:dft), Attorney Jacquelyn Young added to party Kim Johnson(pty:dft), Attorney Jacquelyn Young added to party Gavin Newsom(pty:dft))(Young, Jacquelyn) (Entered: 06/13/2023)

NOTICE OF APPEARANCE of California Attorney General Office Jacquelyn Young and Andrew Edelstein on behalf of DEFENDANTS California Department of Social Services, Kim Johnson, Gavin Newsom. (Young, Jacquelyn) (Entered: 06/13/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Louis R. Miller counsel for Defendants Members of the San Bernardino Board of Supervisors, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda. Adding Louis R. Miller as counsel of record for Defendants SAN BERNARDINO COUNTY, MEMBERS OF THE SAN BERNARDINO BOARD OF SUPERVISORS, SAN BERNARDINO COUNTY CHILD & FAMILY SERVICES and JEANY ZEPEDA for the reason indicated in the G-123 Notice. Filed by Defendants SAN BERNARDINO COUNTY, MEMBERS OF THE SAN BERNARDINO BOARD OF SUPERVISORS, SAN BERNARDINO COUNTY CHILD & FAMILY SERVICES and JEANY ZEPEDA. (Attorney Louis R. Miller added to party Members of the San Bernardino Board of Supervisors(pty:dft), Attorney Louis R. Miller added to party San Bernardino County(pty:dft), Attorney Louis R. Miller added to party San Bernardino County Child and Family Services(pty:dft), Attorney Louis R. Miller added to party Jeany Zepeda(pty:dft))(Miller, Louis) (Entered: 06/14/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Jason H. Tokoro counsel for Defendants Members of the San Bernardino Board of Supervisors, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda. Adding Jason H. Tokoro as counsel of record for Defendants SAN BERNARDINO COUNTY, MEMBERS OF THE SAN BERNARDINO BOARD OF SUPERVISORS, SAN BERNARDINO COUNTY CHILD & FAMILY SERVICES and JEANY ZEPEDA for the reason indicated in the G-123 Notice. Filed by Defendants SAN BERNARDINO COUNTY, MEMBERS OF THE SAN BERNARDINO BOARD OF SUPERVISORS, SAN BERNARDINO COUNTY CHILD & FAMILY SERVICES and JEANY ZEPEDA. (Attorney Jason H. Tokoro added to party Members of the San Bernardino Board of Supervisors(pty:dft), Attorney Jason H. Tokoro added to party San Bernardino County(pty:dft), Attorney Jason H. Tokoro added to party San Bernardino County Child and Family Services(pty:dft), Attorney Jason H. Tokoro added to party Jeany Zepeda(pty:dft))(Tokoro, Jason) (Entered: 06/14/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Farbod Moridani counsel for Defendants Members of the San Bernardino Board of Supervisors, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda. Adding Farbod S. Moridani as counsel of record for Defendants SAN BERNARDINO COUNTY, MEMBERS OF THE SAN BERNARDINO BOARD OF SUPERVISORS, SAN BERNARDINO COUNTY CHILD & FAMILY SERVICES and JEANY ZEPEDA for the reason indicated in the G-123 Notice. Filed by Defendants SAN BERNARDINO COUNTY, MEMBERS OF THE SAN BERNARDINO BOARD OF SUPERVISORS, SAN BERNARDINO COUNTY CHILD & FAMILY SERVICES and JEANY ZEPEDA. (Attorney Farbod Moridani added to party Members of the San Bernardino Board of Supervisors(pty:dft), Attorney Farbod Moridani added to party San Bernardino County(pty:dft), Attorney Farbod Moridani added to party San Bernardino County Child and Family Services(pty:dft), Attorney Farbod Moridani added to party Jeany Zepeda(pty:dft))(Moridani, Farbod) (Entered: 06/14/2023)

PROOF OF SERVICE Executed by Plaintiff Greg R., Sam E., Xander B., Gary G., Kevin E., Francesca B., David O., Henry P., Delilah B., Arnold. O., Teddy H., upon Defendant Kim Johnson served on 5/30/2023, answer due 6/20/2023. Service of the Summons and Complaint were executed upon Director in compliance with Federal Rules of Civil Procedure by personal service (Borle, Jonathan) (Entered: 06/20/2023)

PROOF OF SERVICE Executed by Plaintiff Greg R., Sam E., Xander B., Gary G., Kevin E., Francesca B., David O., Henry P., Delilah B., Arnold. O., Teddy H., upon Defendant California Department of Social Services served on 5/30/2023, answer due 6/20/2023. Service of the Summons and Complaint were executed upon R. Johnson, Badge #10 in compliance with Federal Rules of Civil Procedure by personal service (Borle, Jonathan) (Entered: 06/20/2023)

PROOF OF SERVICE Executed by Plaintiff Greg R., Sam E., Xander B., Gary G., Kevin E., Francesca B., David O., Henry P., Delilah B., Arnold. O., Teddy H., upon Defendant Jeany Zepeda served on 5/30/2023, answer due 7/20/2023. Service of the Summons and Complaint were executed upon Jacqueline Williams, authorized agent in compliance with Federal Rules of Civil Procedure by personal service (Borle, Jonathan) (Entered: 06/20/2023)

PROOF OF SERVICE Executed by Plaintiff Greg R., Sam E., Xander B., Gary G., Kevin E., Francesca B., David O., Henry P., Delilah B., Arnold. O., Teddy H., upon Defendant San Bernardino County Child and Family Services served on 5/30/2023, answer due 7/20/2023. Service of the Summons and Complaint were executed upon Jacqueline Williams in compliance with Federal Rules of Civil Procedure by personal service (Borle, Jonathan) (Entered: 06/20/2023)

PROOF OF SERVICE Executed by Plaintiff Greg R., Sam E., Xander B., Gary G., Kevin E., Francesca B., David O., Henry P., Delilah B., Arnold. O., Teddy H., upon Defendant Gavin Newsom served on 5/30/2023, answer due 6/20/2023. Service of the Summons and Complaint were executed upon David Sapp, authorized agent in compliance with Federal Rules of Civil Procedure by personal service (Borle, Jonathan) (Entered: 06/20/2023)

PROOF OF SERVICE Executed by Plaintiff Greg R., Sam E., Xander B., Gary G., Kevin E., Francesca B., David O., Henry P., Delilah B., Arnold. O., Teddy H., upon Defendant Members of the San Bernardino Board of Supervisors served on 5/30/2023, answer due 7/20/2023. Service of the Summons and Complaint were executed upon Cynthia Meredon, authorized agent in compliance with Federal Rules of Civil Procedure by personal service (Borle, Jonathan) (Entered: 06/20/2023)

PROOF OF SERVICE Executed by Plaintiff Greg R., Sam E., Xander B., Gary G., Kevin E., Francesca B., David O., Henry P., Delilah B., Arnold. O., Teddy H., upon Defendant San Bernardino County served on 5/30/2023, answer due 7/20/2023. Service of the Summons and Complaint were executed upon Cynthia Meredon in compliance with Federal Rules of Civil Procedure by personal service (Borle, Jonathan) (Entered: 06/20/2023)

Second STIPULATION for Extension of Time to File Answer to August 31, 2023 re Complaint (Attorney Civil Case Opening),,, 1 filed by Defendant San Bernardino County. (Attachments: # 1 Proposed Order Proposed Order Granting Defendants' Stipulation to Extend Deadline to Respond to Complaint)(Tokoro, Jason) (Entered: 06/30/2023)

ORDER GRANTING STIPULATION TO EXTEND DEFENDANTS' DEADLINE TO RESPOND TO COMPLAINT BY 42 DAYS 32 by Judge Maame Ewusi-Mensah Frimpong. The deadline for the County Defendants and State Defendants to respond to the Complaint is extended from July 20, 2023 to August 31, 2023. (rolm) (Entered: 07/05/2023)

FIRST AMENDED COMPLAINT against Plaintiffs All Plaintiffs amending Complaint (Attorney Civil Case Opening),,, 1, filed by Plaintiffs Greg R., Sam E., Xander B., Gary G., Kevin E., Francesca B., David O., Henry P., Delilah B., Arnold. O., Teddy H.(Borle, Jonathan) (Entered: 08/14/2023)

Third STIPULATION Extending Time to Answer the complaint as to San Bernardino County answer now due 9/14/2023; Members of the San Bernardino Board of Supervisors answer now due 9/14/2023; San Bernardino County Child and Family Services answer now due 9/14/2023; Jeany Zepeda answer now due 9/14/2023, re Complaint (Attorney Civil Case Opening),,, 1 filed by Defendant San Bernardino County. (Attachments: # 1 Proposed Order Proposed Order Granting Defendants Stipulation to Extend Deadline to Respond to Complaint)(Tokoro, Jason) (Entered: 08/16/2023)

ORDER RE TRANSFER to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. (Related Case) filed. Transfer of case declined by Judge John A. Kronstadt, for the reasons set forth on this order. Related Case No. 2:02-cv-05662 JAK(FFMx) (rn) (Entered: 08/28/2023)

ORDER GRANTING STIPULATION TO EXTEND DEFENDANTS' DEADLINE TO RESPOND TO COMPLAINT BY 14 DAYS[ECF NO. 35by Judge Maame Ewusi-Mensah Frimpong. The Court, having considered the Stipulation, and finding good cause therefor, hereby APPROVES the Stipulation and ORDERS as follows: 1. The deadline for the County Defendants and State Defendants to respond to the Complaint is extended from August 31, 2023 to September 14, 2023. IT IS SO ORDERED. (yl) (Entered: 08/28/2023)

Extending Answer Due Deadline AND Order

Fourth STIPULATION Extending Time to Answer the complaint as to San Bernardino County answer now due 9/25/2023, re Stipulation Extending Time to Answer (30 days or less),, 35 filed by Defendant San Bernardino County San Bernardino County. (Attachments: # 1 Proposed Order Proposed Order Granting Defendants Stipulation to Extend Deadline to Respond to Complaint)(Tokoro, Jason) (Entered: 09/06/2023)

ORDER GRANTING STIPULATION TO EXTEND DEFENDANTS' DEADLINE TO RESPOND TO COMPLAINT BY 11 DAYS by Judge Maame Ewusi-Mensah Frimpong: The Court hereby APPROVES the Stipulation 38 and ORDERS the deadline for the County Defendants and State Defendants to respond to the Complaint is extended to 9/25/2023. (gk) (Entered: 09/13/2023)

Fifth STIPULATION Extending Time to Answer the complaint as to San Bernardino County answer now due 10/9/2023, re Stipulation Extending Time to Answer (30 days or less), 38 filed by Defendant San Bernardino County San Bernardino County. (Attachments: # 1 Proposed Order Proposed Order Granting Defendants' Stipulation to Extend Deadline to Respond to Complaint)(Tokoro, Jason) (Entered: 09/20/2023)

ORDER GRANTING STIPULATION TO EXTEND DEFENDANTS' DEADLINE TO RESPOND TO FIRST AMENDED COMPLAINT BY 14 DAYS [ECF NO. 40] by Judge Maame Ewusi-Mensah Frimpong. The Court, having considered the Stipulation, and finding good cause therefor, hereby APPROVES the Stipulation and ORDERS as follows: The deadline for the County Defendants and State Defendants to respond to the First Amended Complaint is extended from September 25, 2023 to October 9, 2023. IT IS SO ORDERED. (yl) (Entered: 09/25/2023)

NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants California Department of Social Services, Kim Johnson. (Attachments: # 1 Proposed Order Granting California Department of Social Services and Kim Johnson's Motion to Dismiss) (Young, Jacquelyn) (Entered: 10/09/2023)

NOTICE OF MOTION AND MOTION to Dismiss Case And Joinder filed by defendant Gavin Newsom. Motion set for hearing on 1/25/2024 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: # 1 Proposed Order Granting Governor Gavin Newsom's Motion to Dismiss) (Young, Jacquelyn) (Entered: 10/09/2023)

NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION filed by Defendants California Department of Social Services, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda (Attachments: # 1 Memorandum, # 2 Proposed Order)(Moridani, Farbod) (Entered: 10/09/2023)

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NOTICE OF MOTION AND MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants California Department of Social Services, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda (Attachments: # 1 Memorandum in Support of San Bernardino County's Motion to Dismiss for Failure to State a Claim, # 2 Memorandum in Support of Defendants Request for Judicial Notice, # 3 Declaration of Farbod S. Moridani in Support of, # 4 Exhibit 1 to Declaration of Farbod S. Moridani, # 5 Exhibit 2 to Declaration of Farbod S. Moridani, # 6 Exhibit 3 to Declaration of Farbod S. Moridani, # 7 Exhibit 4 to Declaration of Farbod S. Moridani, # 8 Exhibit 5 to Declaration of Farbod S. Moridani, # 9 Exhibit 6 to Declaration of Farbod S. Moridani, # 10 Exhibit 7 to Declaration of Farbod S. Moridani, # 11 Exhibit 8 to Declaration of Farbod S. Moridani, # 12 Exhibit 9 to Declaration of Farbod S. Moridani, # 13 Exhibit 10 to Declaration of Farbod S. Moridani, # 14 Exhibit 11 to Declaration of Farbod S. Moridani, # 15 Exhibit 12 to Declaration of Farbod S. Moridani, # 16 Exhibit 13 to Declaration of Farbod S. Moridani, # 17 Exhibit 14 to Declaration of Farbod S. Moridani, # 18 Exhibit 15 to Declaration of Farbod S. Moridani, # 19 Exhibit 16 to Declaration of Farbod S. Moridani, # 20 Exhibit 17 to Declaration of Farbod S. Moridani, # 21 Proposed Order Granting Defendant SB County's Request for Judicial Notice in Support of Motion to Dismiss, # 22 Proposed Order Granting Defendant SB County's Motion to Dismiss for Failure to State a Claim)(Moridani, Farbod) Modified on 10/19/2023 (yl). Modified on 9/30/2024 (yl). (Entered: 10/09/2023)

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NOTICE OF MOTION AND MOTION for Joinder in Miscellaneous Document,,,,,, 45 filed by Defendants' Members of the San Bernardino Board of Supervisors, San Bernardino County Child and Family Services, Jeany Zepeda. Motion set for hearing on 1/25/2024 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Moridani, Farbod) (Entered: 10/09/2023)

NOTICE OF MOTION AND MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Members of the San Bernardino Board of Supervisors, San Bernardino County Child and Family Services, Jeany Zepeda (Attachments: # 1 Memorandum ISO Individual Defendants' and CFS' Motion to Dismiss for Failure to State a Claim, # 2 Proposed Order Granting Individual Defendants Motion to Dismiss for Failure to State a Claim)(Moridani, Farbod) (yl). (Entered: 10/09/2023)

NOTICE OF ERRATA filed by Defendants Members of the San Bernardino Board of Supervisors, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda. correcting Miscellaneous Document, 44, Miscellaneous Document,,,,,, 45, Miscellaneous Document, 47, NOTICE OF MOTION AND MOTION for Joinder in Miscellaneous Document,,,,,, 45 46 (Moridani, Farbod) (Entered: 10/11/2023)

STIPULATION for Extension of Time to File Reply filed by Defendant San Bernardino County. (Attachments: # 1 Proposed Order Proposed Order Granting Stipulation Regarding Briefing Schedule on Motions to Dismiss)(Tokoro, Jason) (Entered: 10/17/2023)

(IN CHAMBERS) ORDER TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong: The Court is in receipt of the parties' Stipulation Regarding Briefing Schedule on Motions to Dismiss. (ECF No. 49 ). In light of the parties' request, the Court hereby GRANTS the stipulation. Plaintiffs' oppositions shall be filed no later than November 20, 2023. Defendants' replies shall be filed no later than December 22, 2023. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY (Entered: 11/02/2023)

Text Only Scheduling Notice

Joint STIPULATION for Extension of Time to File as to NOTICE OF MOTION AND MOTION to Dismiss Case And Joinder 43, Miscellaneous Document, 44, Stipulation for Extension of Time to File Response/Reply 49, NOTICE OF MOTION AND MOTION to Dismiss Case 42, MOTION 45, MOTION 47, Text Only Scheduling Notice,, 50, NOTICE OF MOTION AND MOTION for Joinder in Miscellaneous Document,,,,,, 45 46 filed by Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H.. (Attachments: # 1 Proposed Order)(Kutzner, Tori) (Entered: 11/16/2023)

ORDER GRANTING STIPULATION TO EXTEND BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND CONTINUE HEARING DATE 51 by Judge Maame Ewusi-Mensah Frimpong. The Court, having considered the Stipulation to Extend Briefing Schedule on Motions to Dismiss and Continue Hearing Date ("Stipulation"), and finding cause therefor, hereby APPROVES the Stipulation and ORDERS as follows: 1. Plaintiffs' deadline to file any oppositions to the Motions to Dismiss shall be extended from November 20, 2023 to December 7, 2023; 2. Defendants' deadline to file any replies in support of the Motions to Dismiss shall be extended from December 22, 2023 to January 16, 2024; and 3. The hearings on the Motions to Dismiss shall be continued from January 25, 2024 to February 29, 2024. (rolm) (Entered: 11/20/2023)

MEMORANDUM of Points and Authorities in Opposition Plaintiffs' Opposition to County Defendants' Federal Rule of Civil Procedure 12(b)(1) Motion to Dismiss Re: Miscellaneous Document, 44 (Towill, Polly) (Entered: 12/07/2023)

MEMORANDUM of Points and Authorities in Opposition Plaintiffs' Opposition to County Defendants' Federal Rule of Civil Procedure 12(B)(6) Motions to Dismiss Re: MOTION 45, MOTION 47, NOTICE OF MOTION AND MOTION for Joinder in Miscellaneous Document,,,,,, 45 46 (Towill, Polly) (Entered: 12/07/2023)

MEMORANDUM of Points and Authorities in Opposition Plaintiffs' Opposition to County Defendants' Federal Rule of Civil Procedure 12(B)(6) Motions to Dismiss Re: MOTION 45, MOTION 47, NOTICE OF MOTION AND MOTION for Joinder in Miscellaneous Document,,,,,, 45 46 (Towill, Polly) (Entered: 12/07/2023)

MEMORANDUM of Points and Authorities in Opposition Plaintiffs' Opposition to State Defendants' Motions to Dismiss Re: NOTICE OF MOTION AND MOTION to Dismiss Case And Joinder 43, NOTICE OF MOTION AND MOTION to Dismiss Case 42 (Towill, Polly) (Entered: 12/07/2023)

NOTICE OF ERRATA filed by Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H., Arnold. O., David O., Henry P., Greg R.. correcting Memorandum of Points and Authorities in Opposition, 54 Plaintiffs' Notice of Errata and Request to Withdraw ECF No. 54 (Towill, Polly) (Entered: 12/08/2023)

REPLY NOTICE OF MOTION AND MOTION to Dismiss Case 42 California Department of Social Services and Kim Johnson's Reply Brief in Support of Motion to Dismiss filed by Defendants California Department of Social Services, Kim Johnson. (Young, Jacquelyn) (Entered: 01/16/2024)

REPLY NOTICE OF MOTION AND MOTION to Dismiss Case And Joinder 43 Govenor Gavin Newsom's Reply Brief in Support of His Motion to Dismiss filed by Defendant Gavin Newsom. (Young, Jacquelyn) (Entered: 01/16/2024)

REPLY IN SUPPORT OF COUNTY DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION [DKT. 44] filed by Defendants Members of the San Bernardino Board of Supervisors, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda. (Moridani, Farbod) (Entered: 01/16/2024)

REPLY IN SUPPORT OF MOTION 45 TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant San Bernardino County. (Moridani, Farbod) (Entered: 01/16/2024)

REPLY IN SUPPORT OF MOTION 47 INDIVIDUAL DEFENDANTS' AND CFS'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Members of the San Bernardino Board of Supervisors, San Bernardino County Child and Family Services, Jeany Zepeda. (Moridani, Farbod) (Entered: 01/16/2024)

APPLICATION of Non-Resident Attorney Laura Welikson to Appear Pro Hac Vice on behalf of Plaintiff Gary G. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36767206) filed by Plaintiff Gary G.. (Attachments: # 1 Proposed Order (Proposed) Order on Application of Laura Welikson To Appear In A Specific Case Pro Hac Vice) (Towill, Polly) (Entered: 01/22/2024)

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Laura Welikson to Appear Pro Hac Vice on behalf of Plaintiff Gary G. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36767206) 63 . The following error(s) was/were found: Case information is incomplete. DJ and MJ initials missing on application and proposed order. Please note DJ and MJ Order re: Transfer, dated 8/25/23, Dkt. 36. (lt) (Entered: 01/23/2024)

Amendment to APPLICATION of Non-Resident Attorney Laura Welikson to Appear Pro Hac Vice on behalf of Plaintiff Gary G. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36767206) 63 filed by Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H., Arnold. O., David O., Henry P., Greg R.. (Attachments: # 1 Proposed Order)(Towill, Polly) (Entered: 01/24/2024)

(IN CHAMBERS) ORDER TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong: The Court, on its own motion, changes the time of the Motions (ECF Nos. 42, 43, 44, 45, 46, 47 ) hearing, currently set for February 29, 2024 at 10:00 AM to 3:00 PM before Judge Maame Ewusi-Mensah Frimpong. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY (Entered: 02/27/2024)

Text Only Scheduling Notice

MINUTES OF Motions to Dismiss (ECF Nos. 42, 43, 44, 45, 46, 47 ) Hearing held before Judge Maame Ewusi-Mensah Frimpong: The Court issues a tentative ruling prior to the hearing. The case is called, and counsel make their appearances. The Court invites counsel to present their oral arguments. For the reasons stated on the record, the matter is taken under submission. Order to issue. IT IS SO ORDERED. Attorneys for Plaintiffs: Jonathan Borle, Marcia Lowry, Tori Kutzner, Laura Welikson. Attorneys for Defendants: AUSA Andrew Edelstein, AUSA Jacquelyn Young, Farbod Moridani, Natalie J. Schachner. Court Reporter: Suzanne McKennon. Courtroom Deputy Clerk: Damon Berry. Time in Court: 1:10 mins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dbe) (Entered: 03/01/2024)

Motion Hearing

TRANSCRIPT ORDER as to defendants Members of the San Bernardino Board of Supervisors, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda for Court Reporter. Court will contact Brian Binns at bbinns@millerbarondess.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Moridani, Farbod) (Entered: 03/06/2024)

Notice of Appearance or Withdrawal of Counsel: for attorney Natalie J Schachner counsel for Defendants Members of the San Bernardino Board of Supervisors, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda. Adding Natalie J. Schachner as counsel of record for San Bernardino County, Members of The San Bernardino Board of Supervisors, San Bernardino County Children and Family Services and Jeany Zepeda for the reason indicated in the G-123 Notice. Filed by Defendant San Bernardino County, Members of The San Bernardino Board of Supervisors, San Bernardino County Children and Family Services and Jeany Zepeda. (Attorney Natalie J Schachner added to party Members of the San Bernardino Board of Supervisors(pty:dft), Attorney Natalie J Schachner added to party San Bernardino County(pty:dft), Attorney Natalie J Schachner added to party San Bernardino County Child and Family Services(pty:dft), Attorney Natalie J Schachner added to party Jeany Zepeda(pty:dft))(Schachner, Natalie) (Entered: 03/06/2024)

TRANSCRIPT ORDER as to Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H., Arnold. O., David O., Henry P., Greg R. for Court Reporter. Court will contact Joanne Gonzalez at JGonzalez@SheppardMullin.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kutzner, Tori) (Entered: 03/11/2024)

Notice of Appearance or Withdrawal of Counsel: for attorney Tori Kutzner counsel for Plaintiffs Delilah B., Francesca B., Xander B., Kevin E., Sam E., Gary G., Teddy H., Arnold. O., David O., Henry P., Greg R.. Jonathan G. Borle is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Gary G., Xander B., Francesca B., Delilah B., Teddy H., Kevin E., Sam E., Henry P., David 0., Greg R., and Arnold 0.. (Kutzner, Tori) (Entered: 03/15/2024)

TRANSCRIPT for proceedings held on 02/29/2024 at 3:38 p.m. Court Reporter: Suzanne M. McKennon, CSR, CRR, RMR, phone number (559) 658-0362. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/9/2024. Redacted Transcript Deadline set for 4/19/2024. Release of Transcript Restriction set for 6/17/2024. (McKennon, Suzanne) (Entered: 03/19/2024)

Notice of Filing Transcript

NOTICE OF FILING TRANSCRIPT filed for proceedings 02/29/2024 at 3:38 p.m. re Transcript 72 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (McKennon, Suzanne) TEXT ONLY ENTRY (Entered: 03/19/2024)

SUPPLEMENT Notice of Supplemental Authority in Support of the County Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by Defendants Members of the San Bernardino Board of Supervisors, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda. (Moridani, Farbod) (Entered: 06/10/2024)

Joint REQUEST for Ruling on Defendants pending motions to dismiss (Dkt. Nos. 42-47) the First Amended Complaint (Dkt. No. 34) pursuant to Local Rule 83-9.2, filed by defendants Members of the San Bernardino Board of Supervisors, San Bernardino County, San Bernardino County Child and Family Services, Jeany Zepeda. (Moridani, Farbod) (Entered: 07/09/2024)

MINUTE Response to Request for Decision [ECF No. 75 ] by Judge Maame Ewusi-Mensah Frimpong: The Court hereby issues its response under Local Rule 83-9.3 and informs the parties that the Court will issue its ruling on the trial in this matter within 90 days. (jp) (Entered: 07/19/2024)

ORDER by Judge Maame Ewusi-Mensah Frimpong: granting 63 Non-Resident Attorney Laura Welikson APPLICATION to Appear Pro Hac Vice on behalf of Gary G, designating Polly Towill as local counsel. (yl) (Entered: 09/18/2024)

ORDER GRANTING IN PART DEFENDANTS' MOTION TO DISMISS [ECF NOS. 42-47] by Judge Maame Ewusi-Mensah Frimpong. For the foregoing reasons, the Court hereby ORDERS as follows: Defendants California Department of Social Services and Kimberle y Johnson's Motion to Dismiss (ECF No. 42 ) is GRANTED IN PART. Defendants San Bernardino County, Members of the San Bernardino Board of Supervisors, the San Bernardino County Children and Family Services, and Jeany Zepeda's Motion to Dismiss (ECF No. 44 ) is DENIED. Defendant San Bernardino County's Request for Judicial Notice (ECF No. [45-2]) is DENIED. Defendants Members of the San Bernardino Board of Supervisors, the San Bernardino County Children and Family Services, and Jeany Zepedas Motion to Dismiss (ECF No. 47 ) is GRANTED IN PART. IT IS SO ORDERED. (See document for further details) (yl)

For Order

FOR COURT USE ONLY: STATISTICAL CORRECTION GRANTING MOTION 47 regarding Order 78 (yl) (Entered: 09/30/2024)

NOTICE OF MOTION AND MOTION to Certify for Appeal Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by Defendant San Bernardino County. Motion set for hearing on 12/5/2024 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order) (Moridani, Farbod) (Entered: 10/11/2024)

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View on RECAP

TEXT ONLY ENTRY (IN CHAMBERS) ORDER CONTINUING DEFENDANT'S MOTION to Certify for Appeal Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 80 ) by Judge Maame Ewusi-Mensah Frimpong: The Court, on its own motion, continues the Motion from December 5, 2024 to February 6, 2025 at 10:00 a.m. before Judge Maame Ewusi-Mensah Frimpong. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY (Entered: 10/17/2024)

Text Only Scheduling Notice

Notice filed by Defendant San Bernardino County. (NOTICE THAT SAN BERNARDINO COUNTY'S MOTION TO CERTIFY APPEAL IS UNOPPOSED) (Moridani, Farbod) (Entered: 10/28/2024)

STATEMENT of Opposition to San Bernardino's Notice of Non-Opposition re NOTICE OF MOTION AND MOTION to Certify for Appeal Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction 80 filed by Plaintiffs Arnold. O., Greg R., Gary G., Xander B., Francesca B., Delilah B., Teddy H., Kevin E., Sam E., Henry P., David O.. (Attachments: # 1 Declaration of M. Lowry)(Attorney Daniel L Brown added to party Arnold. O.(pty:pla), Attorney Daniel L Brown added to party Greg R.(pty:pla), Attorney Daniel L Brown added to party Xander B.(pty:pla), Attorney Daniel L Brown added to party Francesca B.(pty:pla), Attorney Daniel L Brown added to party Delilah B.(pty:pla), Attorney Daniel L Brown added to party Teddy H.(pty:pla), Attorney Daniel L Brown added to party Kevin E.(pty:pla), Attorney Daniel L Brown added to party Sam E.(pty:pla), Attorney Daniel L Brown added to party Henry P.(pty:pla), Attorney Daniel L Brown added to party David O.(pty:pla))(Brown, Daniel) (Entered: 10/28/2024)

REPLY in Support of Motion to Certify Appeal filed by Defendant San Bernardino County. (Moridani, Farbod) (Entered: 10/29/2024)

First NOTICE OF MOTION AND MOTION for Extension of Time to File Opposition to San Bernadino County's Motion to Certify for Appeal Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction [ECF 80] filed by Plaintiff Arnold. O., Greg R., Gary G., Xander B., Francesca B., Delilah B., Teddy H., Kevin E., Sam E., Henry P., David O.. Motion set for hearing on 1/9/2025 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: # 1 Memorandum Memorandum of Law in Support of Motion for Relief Pursuant to FRCP 6, # 2 Proposed Order Proposed Order Granting Motion for Relief Pursuant to FRCP 6, # 3 Declaration Declaration of Marcia Lowry in Support of Motion for Relief Pursuant to FRCP 6, # 4 Exhibit Exhibit A to Declaration of Marcia Lowry, # 5 Exhibit Exhibit B to Declaration of Marcia Lowry, # 6 Exhibit Exhibit C to Declaration of Marcia Lowry, # 7 Exhibit Exhibit D to Declaration of Marcia Lowry) (Welikson, Laura) (Entered: 11/11/2024)

ANSWER to Amended Complaint/Petition, 34 State Defendants' Answer to First Amended Complaint filed by defendants Jennifer Troia, California Department of Social Services.(Attorney Jacquelyn Young added to party Jennifer Troia(pty:dft))(Young, Jacquelyn) (Entered: 11/15/2024)

ANSWER to Amended Complaint/Petition, 34 Answer of Defendant San Bernardino County to First Amended Class Action Complaint, filed by Defendant San Bernardino County.(Moridani, Farbod) (Entered: 11/15/2024)

OPPOSITION to First NOTICE OF MOTION AND MOTION for Extension of Time to File Opposition to San Bernadino County's Motion to Certify for Appeal Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction [ECF 80] 85 filed by Defendant San Bernardino County. (Attachments: # 1 Declaration, # 2 Proposed Order)(Moridani, Farbod) (Entered: 11/25/2024)

REPLY Reply in support of First NOTICE OF MOTION AND MOTION for Extension of Time to File Opposition to San Bernadino County's Motion to Certify for Appeal Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction [ECF 80] 85 filed by Plaintiffs Arnold. O., Greg R., Gary G., Xander B., Francesca B., Delilah B., Teddy H., Kevin E., Sam E., Henry P., David O.. (Welikson, Laura) (Entered: 12/02/2024)

NOTICE of Change of Attorney Business or Contact Information: for attorney Tori Kutzner counsel for Plaintiffs Arnold. O., Greg R., Gary G., Xander B., Francesca B., Delilah B., Teddy H., Kevin E., Sam E., Henry P., David O.. Changing address to 350 South Grand Avenue, 40th Floor, Los Angeles, CA 90071-3460. Filed by Plaintiffs Arnold. O., Greg R., Gary G., Xander B., Francesca B., Delilah B., Teddy H., Kevin E., Sam E., Henry P., David O.. (Kutzner, Tori) (Entered: 12/16/2024)

NOTICE of Change of Attorney Business or Contact Information: for attorney Polly Towill counsel for Plaintiff Gary G.. Filed by Plaintiff Gary G.. (Towill, Polly) (Entered: 12/16/2024)

Request for Remote Appearance filed by Plaintiffs Arnold. O., Greg R., Gary G., Xander B., Francesca B., Delilah B., Teddy H., Kevin E., Sam E., Henry P., David O., Defendants Gavin Newsom, California Department of Social Services, Kim Johnson, San Bernardino County, Members of the San Bernardino Board of Supervisors, San Bernardino County Child and Family Services, Jeany Zepeda, Jennifer Troia (Welikson, Laura) (Entered: 01/02/2025)