Case: Chino Valley Unified School District v. Newsom

Chino Valley Unified School District et al. v. Newsom et al.

COMPLAINT against All Defendants by All Plaintiffs . Attorney Rae, Emily Kate added. (Filing fee $ 405, receipt number ACAEDC-11636833) (Attachments: # 1 Civil Cover Sheet) (Rae, Emily) (Entered: 07/16/2024)

1 Civil Cover Sheet

View on PACER

SUMMONS ISSUED as to *Robert Bonta, Gavin Newsom, Tony Thurmond* with answer to complaint due within *21* days. Attorney *Emily Kate Rae* *Liberty Justice Center* *13341 W. U.S. Highway 290 Building 2* *Austin, TX 78737*. (Lopez, K) (Entered: 07/17/2024)

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Lopez, K) (Entered: 07/17/2024)

SUMMONS RETURNED EXECUTED: Gavin Newsom served on 7/18/2024, answer due 8/8/2024. (Rae, Emily) (Entered: 07/24/2024)

SUMMONS RETURNED EXECUTED: Robert Bonta served on 7/18/2024, answer due 8/8/2024. (Rae, Emily) (Entered: 07/24/2024)

SUMMONS RETURNED EXECUTED: Tony Thurmond served on 7/18/2024, answer due 8/8/2024. (Rae, Emily) (Entered: 07/24/2024)

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Rae, Emily) (Entered: 07/31/2024)

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Daniel J. Calabretta and Magistrate Judge Jeremy D. Peterson. The new case number is: 2:24-cv-1941-DJC-JDP. (Kastilahn, A) (Entered: 08/01/2024)

AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Kastilahn, A) (Entered: 08/01/2024)

NOTICE of APPEARANCE by Darrell Warren Spence on behalf of Robert Bonta, Gavin Newsom, Tony Thurmond. Attorney Spence, Darrell Warren added. (Spence, Darrell) (Entered: 08/05/2024)

STIPULATION and PROPOSED ORDER for Extension of Responsive Pleading Deadline and to Set Briefing Schedule by Robert Bonta, Gavin Newsom, Tony Thurmond. (Attachments: # 1 Proposed Order) (Spence, Darrell) Modified on 8/6/2024 (Licea Chavez, V). (Entered: 08/05/2024)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Oscar Avila, Monica Botts, Chino Valley Unified School District, Jason Craig, Kristi Hays, Cole Mann, Victor Romero, Gheorghe Rosca, Jr, Leslie Sawyer for attorney Noelle Daniel to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-11677563) (Attachments: # 1 Certificate of Good Standing from D. Kan.) (Rae, Emily) (Entered: 08/07/2024)

PRO HAC VICE ORDER GRANTING signed by District Judge Daniel J. Calabretta on 8/7/2024 12 Application for Pro Hac Vice. Added attorney Noelle Daniel, PHV for Oscar Avila, Monica Botts, Chino Valley Unified School District, Jason Craig, Kristi Hays, Cole Mann, Victor Romero, Gheorghe Rosca, Jr, and Leslie Sawyer. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Kyono, V)

FIRST AMENDED COMPLAINT against All Defendants by Cole Mann, et al., . Attorney Rae, Emily Kate added. (Rae, Emily) Modified on 12/18/2024 (Benson, A.). (Entered: 08/08/2024)

NOTICE of APPEARANCE by Shatti Afshana Hoque on behalf of Robert Bonta, Gavin Newsom, Tony Thurmond. Attorney Hoque, Shatti Afshana added. (Hoque, Shatti) (Entered: 08/14/2024)

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Hoque, Shatti) (Entered: 08/14/2024)

ORDER signed by District Judge Daniel J. Calabretta on 08/14/2024 GRANTING the 11 Stipulation and SETTING the following dates: Defendants' deadline to file a Motion to Dismiss pursuant to Rule 12(b) in response to the Complaint, or any Amended Complaint filed by 08/09/2024, is EXTENDED to 09/23/2024. Defendants shall notice their Motion Hearing for 12/19/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. Plaintiffs' Opposition to Defendants' Motion to Dismiss is due 10/18/2024 and Defendants' Reply to Plaintiffs' Opposition is due 11/04/2024. (Nair, C) (Entered: 08/14/2024)

NOTICE of APPEARANCE by Jennifer Ann Bunshoft on behalf of Robert Bonta, Gavin Newsom, Tony Thurmond. Attorney Bunshoft, Jennifer Ann added. (Bunshoft, Jennifer) (Entered: 09/11/2024)

STIPULATION and PROPOSED ORDER for Continue Briefing Schedule for Rule 12(b) Motion by Robert Bonta, Gavin Newsom, Tony Thurmond. (Attachments: # 1 Proposed Order) (Bunshoft, Jennifer) (Entered: 09/16/2024)

ORDER signed by District Judge Daniel J. Calabretta on 09/16/2024 EXTENDING deadilnes as follows: Motion to Dismiss due by 10/7/2024, Opposition due by 11/8/2024, Reply to Opposition due by 11/25/2024, and Motion Hearing set for 12/19/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Murphy, J) (Entered: 09/17/2024)

NOTICE of APPEARANCE by Emmanuelle S. Soichet on behalf of Robert Bonta, Gavin Newsom, Tony Thurmond. Attorney Soichet, Emmanuelle S. added. (Soichet, Emmanuelle) (Entered: 10/07/2024)

MOTION to DISMISS by Robert Bonta, Gavin Newsom, Tony Thurmond. Motion Hearing set for 12/19/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Attachments: # 1 Points and Authorities, # 2 Request for Judicial Notice, # 3 Declaration of E. Soichet) (Soichet, Emmanuelle) (Entered: 10/07/2024)

1 Points and Authorities

View on RECAP

2 Request for Judicial Notice

View on PACER

3 Declaration of E. Soichet

View on PACER

MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 10/15/2024: The parties shall file a joint status report pursuant to this Court's Initial Case Management Order within twenty-eight (28) days after the Court's ruling on Defendants' pending 22 Motion to Dismiss. IT IS SO ORDERED. [TEXT ENTRY ONLY] (Michel, G.) (Entered: 10/15/2024)

Minute Order

OPPOSITION by Anderson Union High School District, et al., to 22 Motion to Dismiss. (Rae, Emily) Modified on 12/18/2024 (Benson, A.). (Entered: 11/08/2024)

NOTICE of APPEARANCE by Darin Lee Wessel on behalf of Robert Bonta, Gavin Newsom, Tony Thurmond. Attorney Wessel, Darin Lee added. (Wessel, Darin) (Entered: 11/19/2024)

REPLY by Robert Bonta, Gavin Newsom, Tony Thurmond re 24 Opposition to Motion,. (Bunshoft, Jennifer) (Entered: 11/25/2024)

MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 12/12/2024: Before the Court is Defendants' Motion to Dismiss Plaintiffs' 14 First Amended Complaint. (ECF No. 14 ). The Court will use the scheduled 12/19/2024 hearing date to discuss Defendants' Fed. R. Civ. P. 12(b)(1) argument regarding standing. If the Court subsequently concludes that that oral argument on the remaining Fed. R. Civ. P. 12(b)(6) motion is necessary, the Court will issue an Order setting such argument. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) (Entered: 12/12/2024)

Minute Order

SUPPLEMENT by Anderson Union High School District, et al., re 24 Opposition to Motion. (Rae, Emily) Modified on 12/18/2024 (Benson, A.). (Entered: 12/17/2024)

MINUTES FOR MOTION HEARING held before District Judge Daniel J. Calabretta on 12/19/2024. Emily Rae appeared for Plaintiffs. Jennifer Bunshoft appeared for Defendant. The Court PERMITTED the parties to file a supplemental list of authorities as stated on the record within fourteen (14) days and ORDERED that Defendants' Motion to Dismiss be submitted thereafter, or following submission of the parties' supplemental lists of authorities, whichever is earlier. Order to issue. Court Reporter: Maryann Valenoti. [TEXT ENTRY ONLY] (Michel, G.) (Entered: 12/19/2024)

Motion Hearing AND ~Util - Motions Submitted/Under Advisement

SUPPLEMENTAL LIST OF AUTHORITIES by Robert Bonta, Gavin Newsom, Tony Thurmond. (Bunshoft, Jennifer) Modified on 1/3/2025 (AJB). (Entered: 01/02/2025)

SUPPLEMENT by Anderson Union High School District, Oscar Avila, Monica Botts, Chino Valley Unified School District, Jason Craig, Kristi Hays, Cole Mann, Orange County Board of Education, Victor Romero, Gheorghe Rosca, Jr, Leslie Sawyer re 24 Opposition to Motion. (Rae, Emily) (Entered: 01/09/2025)

NOTICE of APPEARANCE by Kevin Lee Quade on behalf of Robert Bonta, Gavin Newsom, Tony Thurmond. Attorney Quade, Kevin Lee added. (Quade, Kevin) (Entered: 02/25/2025)

NOTICE OF SUPPLEMENTAL AUTHORITY in SUPPORT of 22 Motion to Dismiss by Robert Bonta, Gavin Newsom, Tony Thurmond. (Quade, Kevin) Modified on 2/26/2025 (LMS). (Entered: 02/25/2025)

SUPPLEMENT by Plaintiffs re 24 Opposition to Motion. (Rae, Emily) Modified on 4/7/2025 (LMS). (Entered: 04/04/2025)

NOTICE of SUPPLEMENTAL AUTHORITY in Support of 22 Motion to Dismiss by Robert Bonta. (Hoque, Shatti) Modified on 4/18/2025 (OML). (Entered: 04/11/2025)

ORDER signed by District Judge Daniel J. Calabretta on 4/17/2025. GRANTING 22 Motion to Dismiss. Parent Plaintiffs' claims are DISMISSED WITHOUT PREJUDICE and Parent Plaintiffs may file a Second Amended Complaint within 21 days; LEA Plaintiffs' claims, and all claims against Governor Newsom, are DISMISSED WITH PREJUDICE. (Deputy Clerk LMS) (Entered: 04/18/2025)

TRANSCRIPT REQUEST by Anderson Union High School District, et al for proceedings held on 12/19/2024 before Judge Calabretta. Court Reporter Maryann Valenoti. (Daniel, Noelle) Modified on 4/21/2025 (RRB). (Entered: 04/21/2025)

NOTICE of Intent Not To Amend Complaint by All Plaintiffs. (Rae, Emily) (Entered: 05/09/2025)

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 5/9/2025: Before the Court is Parent Plaintiffs' Notice of Intent to Not Amend Complaint. (ECF No. 38 ). Therein, Parent Plaintiffs advise that they elect not to amend their complaint and instead intend to appeal the Court's dismissal order. Further, Parent Plaintiffs request that the Court enter final judgment in favor of Defendants. Having previously dismissed Parent Plaintiffs' pending claims, and with good cause having been shown, the Court GRANTS Parent Plaintiffs' request. Accordingly, the Clerk of Court shall enter judgment for Defendants and against Plaintiffs and close this case pursuant to the Court's 36 Order. IT IS SO ORDERED. (cc: Operations Supervisor) [TEXT ENTRY ONLY] (Deputy Clerk GJM) (Entered: 05/09/2025)

JUDGMENT dated *4/18/2025* pursuant to order signed by District Judge Daniel J. Calabretta on 4/17/2025 in favor of Defendants against Plaintiffs. CASE CLOSED. (Deputy Clerk JJD) (Entered: 05/09/2025)

Minute Order

NOTICE of APPEAL by Anderson Union High School District, Oscar Avila, Monica Botts, Chino Valley Unified School District, Jason Craig, Kristi Hays, Cole Mann, Orange County Board of Education, Victor Romero, Gheorghe Rosca, Jr, Leslie Sawyer as to 40 Judgment, Terminate Civil Case. (Filing fee $ 605, receipt number ACAEDC-12269135) (Rae, Emily) (Entered: 06/09/2025)

APPEAL PROCESSED to Ninth Circuit re 41 Notice of Appeal, filed by Kristi Hays, Gheorghe Rosca, Jr., Jason Craig, Orange County Board of Education, Victor Romero, Leslie Sawyer, Anderson Union High School District, Cole Mann, Monica Botts, Chino Valley Unified School District, Oscar Avila. Notice of Appeal filed *6/9/2025*, Complaint filed *7/16/2024* and Appealed Order / Judgment filed *5/9/2025*. Court Reporter: *Maryann Valenoti*. *Fee Status: Paid on 6/9/2025 in the amount of $605.00* (Attachments: # 1 Appeal Information) (Deputy Clerk VLK) (Entered: 06/10/2025)

1 Appeal Information

View on PACER

USCA CASE NUMBER 25-3686 for 41 Notice of Appeal, filed by Kristi Hays, Gheorghe Rosca, Jr., Jason Craig, Orange County Board of Education, Victor Romero, Leslie Sawyer, Anderson Union High School District, Cole Mann, Monica Botts, Chino Valley Unified School District, Oscar Avila. (Deputy Clerk VLC) (Entered: 06/12/2025)

USCA Case Number

TRANSCRIPT of Motion to Dismiss held on December 19, 2024, before District Judge Daniel J. Calabretta, filed by Court Reporter Maryann Valenoti, Phone number 916-930-4275 E-mail mvalenotirmrcrr@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 7/14/2025. Redacted Transcript Deadline set for 7/24/2025. Release of Transcript Restriction set for 9/22/2025. (Valenoti, Maryann) (Entered: 06/23/2025)