Case: Lee v. Foothill-De Anza Community College District

Lee v. Foothill-De Anza Community College District et al.

Lee v. Foothill-De Anza Community College District et al.

COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-18432569.). Filed byTabia Lee. (Attachments: # 1 Civil Cover Sheet)(Moscatel, Abby) (Filed on 7/10/2023) (Entered: 07/10/2023)

1 Civil Cover Sheet

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Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/24/2023. (mbc, COURT STAFF) (Filed on 7/10/2023) (Entered: 07/10/2023)

~Util - Case Assigned by Intake

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/3/2023. Initial Case Management Conference set for 10/10/2023 09:30 AM in San Jose, Courtroom 6, 4th Floor. (hdj, COURT STAFF) (Filed on 7/11/2023) (Entered: 07/11/2023)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18443500.) filed by Tabia Lee. (Attachments: # 1 Certificate/Proof of Service of Good Standing, U.S.D.Mass.)(Allen, Michael) (Filed on 7/12/2023) (Entered: 07/12/2023)

ORDER DENYING WITHOUT PREJUDICE 4 APPLICATION FOR ADMISSION PRO HAC VICE. Signed by Judge Susan van Keulen on 7/13/2023. (svklc1, COURT STAFF) (Filed on 7/13/2023) (Entered: 07/13/2023)

Amended MOTION for leave to appear in Pro Hac Vice of Attorney Michael Thad Allen ( Filing fee $ 317, receipt number ACANDC-18443500.) Filing fee previously paid on July 12, 2023 filed by Tabia Lee. (Attachments: # 1 Exhibit Certification of Good Standing D.Mass.)(Allen, Michael) (Filed on 7/18/2023) (Entered: 07/18/2023)

1 Exhibit Certification of Good Standing D.Mass.

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NOTICE of Change of Address by Abby Jane Moscatel (Moscatel, Abby) (Filed on 7/18/2023) (Entered: 07/18/2023)

ORDER granting 6 Amended Application for Admission Pro Hac Vice (Michael Thad Allen). Signed by Judge Susan van Keulen on 7/18/2023. (svklc1, COURT STAFF) (Filed on 7/18/2023) (Entered: 07/18/2023)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Tabia Lee.. (Allen, Michael) (Filed on 7/24/2023) (Entered: 07/24/2023)

CERTIFICATE OF SERVICE by Tabia Lee Affidavit of Service of Kathryn Paz, on Foothill-De Anza Community College District (Attachments: # 1 Affidavit Adam Hochman)(Allen, Michael) (Filed on 7/27/2023) (Entered: 07/27/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by Foothill-De Anza Community College District waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by De Anza College waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by Patrick Ahrens waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by Laura Casas waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by Pearl Cheng waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by Peter Landsberger waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by Gilbert Wong waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by Lloyd A Holmes waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by Alicia Cortez waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by Thomas Edward Ray waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by Christina Espinosa-Pieb waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

WAIVER OF SERVICE Returned Executed filed by Tabia Lee. Service waived by Lydia Hearn waiver sent on 7/24/2023, answer due 9/22/2023. (Allen, Michael) (Filed on 8/14/2023) (Entered: 08/14/2023)

STIPULATION WITH PROPOSED ORDER filed by Tabia Lee. (Attachments: # 1 Exhibit A Proposed Amended Complaint, # 2 Exhibit B Redline of Proposed Am. Complaint, # 3 Proposed Order)(Allen, Michael) (Filed on 9/19/2023) (Entered: 09/19/2023)

1 Exhibit A Proposed Amended Complaint

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2 Exhibit B Redline of Proposed Am. Complaint

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3 Proposed Order

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NOTICE by Tabia Lee of Receipt of Plaintiff's Right to Sue Letter from the EEOC (Attachments: # 1 Exhibit A-EEOC Right to Sue Letter)(Allen, Michael) (Filed on 9/20/2023) (Entered: 09/20/2023)

1

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NOTICE of Change of Address by Abby Jane Moscatel Law Firm Name Change (Moscatel, Abby) (Filed on 9/20/2023) (Entered: 09/20/2023)

ORDER GRANTING 23 STIPULATION. Signed by Judge Susan van Keulen on 9/22/23. Initial Case Management Conference set for 10/10/2023 is continued to 11/14/2023 09:30 AM in San Jose, - To be determined. Joint Case Management Statement due by 11/7/2023.(jhf, COURT STAFF) (Filed on 9/22/2023) (Entered: 09/22/2023)

AMENDED COMPLAINT against All Defendants. Filed byTabia Lee. (Allen, Michael) (Filed on 9/25/2023) (Entered: 09/25/2023)

CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/10/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 9/25/2023) (Entered: 09/25/2023)

Clerk's Notice re: Consent or Declination

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Patrick Ahrens, Laura Casas, Pearl Cheng, Alicia Cortez, De Anza College, Christina Espinosa-Pieb, Foothill-De Anza Community College District, Lydia Hearn, Lloyd A Holmes, Peter Landsberger, Thomas Edward Ray, Gilbert Wong.. (Chipman, Jayne) (Filed on 9/26/2023) (Entered: 09/26/2023)

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhf, COURT STAFF) (Filed on 9/26/2023) (Entered: 09/26/2023)

Clerk's Notice of Impending Reassignment - Text Only

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge P. Casey Pitts for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen remains as Referral Judge assigned to case. reassignment Order signed by Clerk on 9/27/2023. (Attachments: # 1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 9/27/2023) (Entered: 09/27/2023)

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 11/2/2023. Initial Case Management Conference set for 11/16/2023 at 01:00 PM before Judge P. Casey Pitts in San Jose, Courtroom 8, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 9/27/2023) (Entered: 09/27/2023)

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

CERTIFICATE OF SERVICE by Tabia Lee Re: ECF No. 23, 24, 27 (Allen, Michael) (Filed on 9/28/2023) (Entered: 09/28/2023)

MOTION to Dismiss First Amended Complaint filed by Patrick Ahrens, Laura Casas, Pearl Cheng, Alicia Cortez, De Anza College, Christina Espinosa-Pieb, Foothill-De Anza Community College District, Lydia Hearn, Lloyd A Holmes, Peter Landsberger, Thomas Edward Ray, Gilbert Wong. Motion to Dismiss Hearing set for 1/18/2024 10:00 AM in San Jose, Courtroom 8, 4th Floor. Responses due by 10/26/2023. Replies due by 11/2/2023. (Chipman, Jayne) (Filed on 10/12/2023) (Entered: 10/12/2023)

Request for Judicial Notice re 34 MOTION to Dismiss First Amended Complaint filed byPatrick Ahrens, Laura Casas, Pearl Cheng, Alicia Cortez, De Anza College, Christina Espinosa-Pieb, Foothill-De Anza Community College District, Lydia Hearn, Lloyd A Holmes, Peter Landsberger, Thomas Edward Ray, Gilbert Wong. (Related document(s) 34 ) (Chipman, Jayne) (Filed on 10/12/2023) (Entered: 10/12/2023)

Declaration of Jayne Benz Chipman in Support of 34 MOTION to Dismiss First Amended Complaint, 35 Request for Judicial Notice, filed byPatrick Ahrens, Laura Casas, Pearl Cheng, Alicia Cortez, De Anza College, Christina Espinosa-Pieb, Foothill-De Anza Community College District, Lydia Hearn, Lloyd A Holmes, Peter Landsberger, Thomas Edward Ray, Gilbert Wong. (Attachments: # 1 Exhibit Lee - Exhibit 1 - Decl. of Chipman, # 2 Exhibit Lee - Exhibit 2 - Decl. of Chipman)(Related document(s) 34, 35 ) (Chipman, Jayne) (Filed on 10/12/2023) (Entered: 10/12/2023)

STIPULATION WITH PROPOSED ORDER re 34 MOTION to Dismiss First Amended Complaint for extension of time filed by Tabia Lee. (Attachments: # 1 Proposed Order)(Allen, Michael) (Filed on 10/18/2023) (Entered: 10/18/2023)

ORDER granting 37 Order Extending Time. Responses due by 11/2/2023. Replies due by 11/16/2023. Signed by Judge P. Casey Pitts on 10/25/2023. (nmc, COURT USER) (Filed on 10/25/2023) (Entered: 10/25/2023)

ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 10/30/2023) (Entered: 10/30/2023)

ADR Clerks Notice re: Non-Compliance after 5/1/2018

STIPULATION WITH PROPOSED ORDER filed by Patrick Ahrens, Laura Casas, Pearl Cheng, Alicia Cortez, De Anza College, Christina Espinosa-Pieb, Foothill-De Anza Community College District, Lydia Hearn, Lloyd A Holmes, Peter Landsberger, Thomas Edward Ray, Gilbert Wong. (Attachments: # 1 Proposed Order)(Chipman, Jayne) (Filed on 10/31/2023) (Entered: 10/31/2023)

ORDER granting 40 Stipulation Extending Time. Signed by Judge P. Casey Pitts on 11/1/2023. Joint Case Management Statement due by 2/1/2024. Initial Case Management Conference set for 2/15/2024 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (nmc, COURT USER) (Filed on 11/1/2023) (Entered: 11/01/2023)

OPPOSITION/RESPONSE (re 34 MOTION to Dismiss First Amended Complaint ) filed byTabia Lee. (Allen, Michael) (Filed on 11/2/2023) (Entered: 11/02/2023)

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 2/8/2024. Initial Case Management Conference set for 2/22/2024 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 11/8/2023) (Entered: 11/08/2023)

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

REPLY (re 34 MOTION to Dismiss First Amended Complaint ) filed byPatrick Ahrens, Laura Casas, Pearl Cheng, Alicia Cortez, De Anza College, Christina Espinosa-Pieb, Foothill-De Anza Community College District, Lydia Hearn, Lloyd A Holmes, Peter Landsberger, Thomas Edward Ray, Gilbert Wong. (Chipman, Jayne) (Filed on 11/16/2023) (Entered: 11/16/2023)

NOTICE of Substitution of Counsel by Neal S Zaslavsky (Attachments: # 1 Proposed Order Proposed Order on request to substitute counsel)(Zaslavsky, Neal) (Filed on 1/5/2024) (Entered: 01/05/2024)

1 Proposed Order Proposed Order on request to substitute counsel

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CLERK'S NOTICE VACATING JANUARY 18, 2024 MOTION HEARING. The Court will issue a written ruling on defendant's 34 motion to dismiss based on the motion and briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 1/10/2024) (Entered: 01/10/2024)

1 - Terminate Hearings AND Clerk's Notice

STIPULATION WITH PROPOSED ORDER Further Extending Date of First Case Management Conference Due to Pending Dispositive Motion to Dismiss filed by Patrick Ahrens, Laura Casas, Pearl Cheng, Alicia Cortez, De Anza College, Christina Espinosa-Pieb, Foothill-De Anza Community College District, Lydia Hearn, Lloyd A Holmes, Peter Landsberger, Thomas Edward Ray, Gilbert Wong. (Attachments: # 1 Proposed Order)(Chipman, Jayne) (Filed on 2/2/2024) (Entered: 02/02/2024)

1 Proposed Order

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Statement re 34 MOTION to Dismiss First Amended Complaint, 35 Request for Judicial Notice, 46 Clerk's Notice,, Terminate Hearings, 42 Opposition/Response to Motion, 44 Reply to Opposition/Response, 36 Declaration in Support,, STATEMENT OF RECENT DECISION RELEVANT TO DEFENDANTS MOTION TO DISMISS by Tabia Lee. (Zaslavsky, Neal) (Filed on 2/5/2024) (Entered: 02/05/2024)

ORDER granting 47 Stipulation Extending Time. Signed by Judge P. Casey Pitts on 2/6/2024. Joint Case Management Statement due by 6/13/2024. Initial Case Management Conference set for 6/27/2024 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (nmc, COURT USER) (Filed on 2/6/2024) (Entered: 02/06/2024)

ERRATA re 48 Statement, Notice of Errata re Dkt. No. 48 [Plaintiff's Statement of Recent Decision Relevant to Defendants' Motion to Dismiss] by Tabia Lee. (Attachments: # 1 Exhibit Exhibit A)(Zaslavsky, Neal) (Filed on 2/19/2024) (Entered: 02/19/2024)

1 Exhibit Exhibit A

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ORDER granting 34 Motion to Dismiss with leave to amend. Signed by Judge P. Casey Pitts on 5/7/2024. Amended Complaint due by 5/31/2024. Joint Case Management Statement due by 9/12/2024. Initial Case Management Conference set for 9/26/2024 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (nmc, COURT USER) (Filed on 5/7/2024) (Entered: 05/07/2024)

AMENDED COMPLAINT (Second) against All Defendants. Filed by Tabia Lee. (Allen, Michael) (Filed on 5/31/2024) (Entered: 05/31/2024)

TEXT-ONLY ORDER Pursuant to the Court's Standing Order for Civil Cases, plaintiff shall file by June 3, 2024 a redlined version of the 52 Second Amended Complaint identifying the differences between that document and the First Amended Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 5/31/2024) (Entered: 05/31/2024)

AMENDED COMPLAINT (Second) Compare Version against All Defendants. Filed by Tabia Lee. (Allen, Michael) (Filed on 5/31/2024) (Entered: 05/31/2024)

Order

MOTION to Dismiss Second Amended Complaint filed by Patrick Ahrens, Laura Casas, Pearl Cheng, Alicia Cortez, De Anza College, Christina Espinosa-Pieb, Foothill-De Anza Community College District, Lydia Hearn, Lloyd A Holmes, Peter Landsberger, Thomas Edward Ray, Gilbert Wong. Motion to Dismiss Hearing set for 10/3/2024 10:00 AM in San Jose, Courtroom 8, 4th Floor. Responses due by 6/28/2024. Replies due by 7/5/2024. (Chipman, Jayne) (Filed on 6/14/2024) (Entered: 06/14/2024)

Request for Judicial Notice re 55 MOTION to Dismiss Second Amended Complaint filed byPatrick Ahrens, Laura Casas, Pearl Cheng, Alicia Cortez, De Anza College, Christina Espinosa-Pieb, Foothill-De Anza Community College District, Lydia Hearn, Lloyd A Holmes, Peter Landsberger, Thomas Edward Ray, Gilbert Wong. (Attachments: # 1 Declaration)(Related document(s) 55 ) (Chipman, Jayne) (Filed on 6/14/2024) (Entered: 06/14/2024)

1 Declaration

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STIPULATION WITH PROPOSED ORDER re 55 MOTION to Dismiss Second Amended Complaint for extension of time filed by Tabia Lee. (Attachments: # 1 Declaration of Attorney Michael Thad Allen, # 2 Proposed Order)(Allen, Michael) (Filed on 6/25/2024) (Entered: 06/25/2024)

ORDER granting 57 Stipulation for Extension of Time to Brief Pending Motion to Dismiss and for Reply. Responses due by 7/26/2024. Replies due by 8/23/2024. Signed by Judge P. Casey Pitts on 6/26/2024.(nmc, COURT USER) (Filed on 6/26/2024) (Entered: 06/26/2024)

OPPOSITION/RESPONSE (re 55 MOTION to Dismiss Second Amended Complaint ) filed byTabia Lee. (Allen, Michael) (Filed on 7/26/2024) (Entered: 07/26/2024)

CLERK'S NOTICE RESETTING INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference previously set for 9/26/2024 is RESET for 10/3/2024 at 10:00 AM in San Jose, Courtroom 8, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 8/9/2024) (Entered: 08/09/2024)

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable Eumi K. Lee in the San Jose Division for all further proceedings.1. All future filings shall bear the initials EKL immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court.3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Lee by the moving party for a date consistent with the Court’s law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule.4. Deadlines for ADR compliance and discovery cutoffs remain unchanged.5. All pretrial conference and trial dates currently set for after December 4, 2024, and all other deadlines associated with the case, will remain in place unless otherwise ordered.6. All pretrial conference and trial dates scheduled on or before December 4, 2024, are vacated. Other pretrial deadlines (eg., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases.7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. On or before September 16, 2024, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlines in the Standing Order for All Judges of the Northern District. the approved form for such statements can be accessed here: a. The parties are not required to complete a section if inapplicable. As number 20, the statement shall provide the following information: (i) a list or description of each party; (ii) a summary of all claims, counter-claims, cross-claims, or third party claims and the date the complaint and cross-complaint(s) were filed; and (iii) a brief procedural history of the case (chart format welcomed) including, but not limited to, any ADR proceedings or settlement conferences that have been scheduled or concluded and any appellate proceedings that are pending or concluded. b. If the parties believe that an immediate case management conference is needed, the parties shall explain why and identify the urgent matters that require attention. If there is no immediate need, a case management conference will be scheduled or reset pursuant to Paragraph 2 of this Order as needed. 9. The Joint Case Management Statement will not constitute a motion to extend or modify dates. If emergency relief is needed to modify a deadline, and the deadline is not of the type that can be modified via stipulation of the parties without a court order, the requesting party or parties shall additionally file a motion or stipulation for such relief in compliance with Local Rule 6.IT IS SO ORDERED.Dated: 08/20/2024FOR THE EXECUTIVE COMMITTEEMark B. Busby, Clerk of Court (kab-adi, COURT STAFF) (Filed on 8/20/2024) (Entered: 08/20/2024)

Clerks Notice ADI

Case Assigned/Reassigned

Case Reassigned to Judge Eumi K Lee. Judge P. Casey Pitts no longer assigned to the case. (kab-adi, COURT STAFF) (Filed on 8/21/2024)

REPLY (re 55 MOTION to Dismiss Second Amended Complaint ) Reply Brief in Support of MTD Second Amended Complaint filed byPatrick Ahrens, Laura Casas, Pearl Cheng, Alicia Cortez, De Anza College, Christina Espinosa-Pieb, Foothill-De Anza Community College District, Lydia Hearn, Lloyd A Holmes, Peter Landsberger, Thomas Edward Ray, Gilbert Wong. (Chipman, Jayne) (Filed on 8/23/2024) (Entered: 08/23/2024)

STIPULATION WITH PROPOSED ORDER Extending Date of First Case Management Conference Due to Pending Dispositive Motion to Dismiss filed by Patrick Ahrens, Laura Casas, Pearl Cheng, Alicia Cortez, De Anza College, Christina Espinosa-Pieb, Foothill-De Anza Community College District, Lydia Hearn, Lloyd A Holmes, Peter Landsberger, Thomas Edward Ray, Gilbert Wong. (Attachments: # 1 Proposed Order)(Chipman, Jayne) (Filed on 9/4/2024) (Entered: 09/04/2024)

1 Proposed Order

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CLERK'S NOTICE SETTING MOTION HEARING. Motion Hearing as to 55 MOTION to Dismiss Second Amended Complaint set for 10/30/2024 at 10:00 AM in San Jose, Courtroom 7, 4th Floor before Judge Eumi K Lee. (This is a text-only entry generated by the court. There is no document associated with this entry.), (lrt, COURT STAFF) (Filed on 9/5/2024) (Entered: 09/05/2024)

ORDER granting 63 Stipulation Extending Time. ADR Certification due by 10/30/2024. Case Management Statement due by 11/6/2024. Initial Case Management Conference reset for 11/20/2024 at 01:30 PM by zoom. Signed by Judge Eumi K. Lee (lrt, COURT STAFF) (Filed on 9/5/2024) (Entered: 09/05/2024)

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

Minute Entry for proceedings held before Judge Eumi K Lee: Motion Hearing held on 10/30/2024 re 55 MOTION to Dismiss Second Amended Complaint. Plaintiff states on the record that the District and DeAnza were included in Count 5 in error. Plaintiff makes oral motion to continue the deadline to file ADR Certification, Defendant joins. Court orally grants motion. Deadline to File ADR Certification is continued; new deadline to be determined. Motion taken under submission. Written order to issue.Total Time in Court: 11:16am-12:22pm (1hr, 6 minutes). Court Reporter: Kelly Shainline. Plaintiff Attorney: Neal Zaslavsky. Defendant Attorney: Carmen Plaza De Jennings, Jayne Benz Chipman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lrt, COURT STAFF) (Date Filed: 10/30/2024) (Entered: 10/30/2024)

1 - Terminate Hearings AND Motion Hearing

TEXT-ONLY ORDER The Court ordered the parties to file a joint case management statement no later than November 6, 2024. The parties have failed to do so. The parties shall file their joint case management statement no later than November 20, 2024 at 5:00 p.m. The Case Management Conference scheduled for November 20, 2024, is continued to December 4, 2024, at 1:30 p.m. by zoom.Signed by Judge Eumi K. Lee. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lrt, COURT STAFF) (Filed on 11/18/2024) (Entered: 11/18/2024)

Order Cancelling Deadline AND ~Util - Set Deadlines/Hearings

JOINT CASE MANAGEMENT STATEMENT filed by Thomas Edward Ray, Christina Espinosa-Pieb, Lydia Hearn, Tabia Lee, Foothill-De Anza Community College District, De Anza College, Lloyd A Holmes, Patrick Ahrens, Laura Casas, Pearl Cheng, Peter Landsberger, Gilbert Wong, Alicia Cortez. (Chipman, Jayne) (Filed on 11/20/2024) (Entered: 11/20/2024)

Minute Entry for proceedings held before Judge Eumi K Lee: Initial Case Management Conference held on 12/4/2024. The Court ORDERS the parties to meet and confer and submit a joint proposed scheduling order by 1/6/2025 that conforms to the Court's Standing Order for Civil Cases.Total Time in Court: 1:57 PM - 2:09 PM (12 minutes). Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Neal S. Zaslavsky. Defendant Attorney: Carmen Lilian Plaza De Jennings, Jayne Benz Chipman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lrt, COURT STAFF) (Date Filed: 12/4/2024) (Entered: 12/04/2024)

Case Management Conference - Initial

Proposed Order Re Joint Scheduling by Thomas Edward Ray, Christina Espinosa-Pieb, Lydia Hearn, Tabia Lee, Foothill-De Anza Community College District, De Anza College, Lloyd A Holmes, Patrick Ahrens, Laura Casas, Pearl Cheng, Peter Landsberger, Gilbert Wong, Alicia Cortez. (Chipman, Jayne) (Filed on 1/6/2025) (Entered: 01/06/2025)

ORDER RE PRODUCTION OF TRANSCRIPT. Signed by Judge Eumi K. Lee on 2/8/2025. (lrt, COURT STAFF) (Filed on 2/8/2025) (Entered: 02/08/2025)

Transcript of Proceedings held on 10/30/2024, before Judge Eumi K. Lee. Court Reporter/Transcriber Kelly Shainline, telephone number (510)828-9404, Email: courtreporter232@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 5/13/2025. (Shainline, Kelly) (Filed on 2/12/2025) (Entered: 02/12/2025)

Joint Case Management Conference Statement **AS MODIFIED**. Signed by Judge Eumi K. Lee on 2/12/2025. (lrt, COURT STAFF) (Filed on 2/12/2025) (Entered: 02/12/2025)

ORDER GRANTING 55 MOTION TO DISMISS SECOND AMENDED COMPLAINT WITH LEAVE TO AMEND IN PART AND WITHOUT LEAVE TO AMEND IN PART. Signed by Judge Eumi K. Lee. (lrt, COURT STAFF) (Filed on 2/23/2025) (Entered: 02/23/2025)

ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable Noël Wise in the San Jose Division for all further proceedings.1. All future filings shall bear the initials NW immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court.3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Wise by the moving party for a date consistent with the Court’s law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule.4. Deadlines for ADR compliance and discovery cutoffs remain unchanged.5. All pretrial conference and trial dates currently set for after May 27, 2025, and all other deadlines associated with the case, will remain in place unless otherwise ordered.6. All pretrial conference and trial dates scheduled on or before May 27, 2025 are vacated. Other pretrial deadlines (eg., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases.7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. On or before March 17, 2025, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlines in the Standing Order for All Judges of the Northern District. the approved form for such statements can be accessed here: a. The parties are not required to complete a section if inapplicable. As number 20, the statement shall provide the following information: (i) a list or description of each party; (ii) a summary of all claims, counter-claims, cross-claims, or third party claims and the date the complaint and cross-complaint(s) were filed; and (iii) a brief procedural history of the case (chart format welcomed) including, but not limited to, any ADR proceedings or settlement conferences that have been scheduled or concluded and any appellate proceedings that are pending or concluded. b. If the parties believe that an immediate case management conference is needed, the parties shall explain why and identify the urgent matters that require attention. If there is no immediate need, a case management conference will be scheduled or reset pursuant to Paragraph 2 of this Order as needed. 9. The Joint Case Management Statement will not constitute a motion to extend or modify dates. If emergency relief is needed to modify a deadline, and the deadline is not of the type that can be modified via stipulation of the parties without a court order, the requesting party or parties shall additionally file a motion or stipulation for such relief in compliance with Local Rule 6.IT IS SO ORDERED.Dated: 02/24/2025FOR THE EXECUTIVE COMMITTEEMark B. Busby, Clerk of Court (kab-adi, COURT STAFF) (Filed on 2/24/2025) (Entered: 02/24/2025)

Clerks Notice ADI

Case Assigned/Reassigned

This case is directly assigned to District Judge Noel Wise. Judge Eumi K Lee no longer assigned to the case. (This is a text-only entry generated by the court. There is no document associated with this entry.) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (kab-adi, COURT STAFF) (Filed on 2/24/2025)

CASE MANAGEMENT STATEMENT filed by Thomas Edward Ray, Foothill-De Anza Community College District, De Anza College, Alicia Cortez. (Chipman, Jayne) (Filed on 3/17/2025) (Entered: 03/17/2025)

MOTION to Withdraw as Attorney by Neal S. Zaslavsky and Michael Thad Allen filed by Tabia Lee. Motion Hearing set for 5/21/2025 09:00 AM in San Jose, Courtroom 3, 5th Floor before District Judge Noel Wise. Responses due by 4/4/2025. Replies due by 4/11/2025. (Zaslavsky, Neal) (Filed on 3/21/2025) (Entered: 03/21/2025)

Proposed Order re 77 MOTION to Withdraw as Attorney by Neal S. Zaslavsky and Michael Thad Allen by Tabia Lee. (Zaslavsky, Neal) (Filed on 3/21/2025) (Entered: 03/21/2025)

Opposition/Response to Motion

Order on Motion to Withdraw as Attorney

Affidavit of Service AND Certificate/Proof of Service