E.D. Cal. 2:23-cv-00032 Docket

Regino v. Staley
No. 2:23-cv-00032, Case History (under construction)

Court: Eastern District of California (Sacramento)
Assigned to: Senior Judge John A. Mendez

Date Filed # Docket Text
01/06/2023 1 COMPLAINT against All Defendants by Aurora Regino. (Filing fee $ 402, receipt number ACAEDC-10632361) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Dhillon, Harmeet) (Entered: 01/06/2023)
01/06/2023 2 MOTION for PRELIMINARY INJUNCTION by Aurora Regino. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(Dhillon, Harmeet) (Entered: 01/06/2023)
01/09/2023 3 SUMMONS ISSUED as to *Caitlin Dalby, Staley Kelly, Rebecca Konkin, Tom Lando, Eileen Robinson, Matt Tennis* with answer to complaint due within *21* days. Attorney *Harmeet Kaur Dhillon* *Dhillon Law Group, Inc.* *177 Post Street, Suite 700* *San Francisco, CA 94108*. (Mena-Sanchez, L) (Entered: 01/09/2023)
01/09/2023 4 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: # 1 Consent Form, # 2 Order re Filing Requirements, # 3 VDRP) (Mena-Sanchez, L) (Entered: 01/09/2023)
01/10/2023 5 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 1/10/2023: On the Court’s own motion, the hearing on Plaintiff’s Motion for Preliminary Injunction, ECF No. 2 , is SET for 2/14/2023 at 1:30 PM in Courtroom 6 before District Judge John A. Mendez. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) (Entered: 01/10/2023)
01/20/2023 6 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Aurora Regino for attorney Eric A. Sell to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10654067) (Dhillon, Harmeet) (Entered: 01/20/2023)
01/20/2023 7 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Aurora Regino for attorney Joshua W. Dixon to appear Pro Hac Vice. Attorney Hoesly, Matthew Michael added. (Filing fee $ 225, receipt number ACAEDC-10654321) (Hoesly, Matthew) (Entered: 01/20/2023)
01/20/2023 8 ORDER signed by Senior Judge John A. Mendez on 1/20/2023 GRANTING 6 Application for Pro Hac Vice. Attorney Eric A. Sell, to appear for Aurora Regino. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Reader, L) (Entered: 01/20/2023)
01/20/2023 9 ORDER signed by Senior Judge John A. Mendez on 1/20/2023 GRANTING 7 Application for Pro Hac Vice. Attorney Joshua Wallace Dixon, to appear for Aurora Regino. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Reader, L) (Entered: 01/20/2023)
01/24/2023 10 NOTICE of APPEARANCE by Michael A Columbo on behalf of Aurora Regino. Attorney Columbo, Michael A added. (Columbo, Michael) (Entered: 01/24/2023)
01/24/2023 11 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 1/24/2023: Before the Court is Plaintiff’s motion for a preliminary injunction. See Mot. for Preliminary Injunction, ECF No. 2 . Federal Rule of Civil Procedure 65 requires that notice must be given to the adverse party prior to granting a preliminary injunction. Fed. R. Civ. P. 65(a)(1). It follows that the Court cannot order preliminary injunctive relief under Rule 65 until defendants have been provided with notice and an opportunity to be heard. To date, no defendant has formally appeared in the action and there is no entry on the docket reflecting service of summons and the complaint on any defendant. Further, Plaintiff has not shown that emergency circumstances warrant the issuance of an injunction without notice and hearing. Accordingly, Plaintiff’s motion for a preliminary injunction is DENIED as premature without prejudice to renewal at a later date. The hearing set for February 14, 2023 is VACATED. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) (Entered: 01/24/2023)
01/24/2023 12 [DISREGARD – see 17 Minute Order] STIPULATION and PROPOSED ORDER re 2 Motion for Preliminary Injunction Hearing by Aurora Regino. (Attachments: # 1 Proof of Service) (Columbo, Michael) Modified on 1/25/2023 (Michel, G.). (Entered: 01/24/2023)
01/24/2023 13 [DISREGARD – see 17 Minute Order] NOTICE TO RESCHEDULE HEARING re Motion for Preliminary Injunction. Motion Hearing RESET for 2/28/2023 at 1:30 PM in Courtroom 6 before Senior Judge John A. Mendez. (Attachments: # 1 Proof of Service) (Columbo, Michael) Modified on 1/25/2023 (Benson, A.). Modified on 1/25/2023 (Michel, G.). (Entered: 01/24/2023)
01/25/2023 14 NOTICE of APPEARANCE by Brian A. Duus on behalf of Caitlin Dalby, Staley Kelly, Rebecca Konkin, Tom Lando, Eileen Robinson, Matt Tennis. Attorney Duus, Brian A. added. (Duus, Brian) (Entered: 01/25/2023)
01/25/2023 15 NOTICE of APPEARANCE by Jimmie E. Johnson, I on behalf of Caitlin Dalby, Staley Kelly, Rebecca Konkin, Tom Lando, Eileen Robinson, Matt Tennis. Attorney Johnson, Jimmie E. added. (Johnson, Jimmie) (Entered: 01/25/2023)
01/25/2023 16 NOTICE of APPEARANCE by Louis Anthony Leone on behalf of Caitlin Dalby, Staley Kelly, Rebecca Konkin, Tom Lando, Eileen Robinson, Matt Tennis. Attorney Leone, Louis Anthony added. (Leone, Louis) (Entered: 01/25/2023)
01/25/2023 17 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 1/25/2023: On January 24, 2023, the Court denied Plaintiff’s 2 Motion for Preliminary Injunction as premature without prejudice to renewal at a later date. See ECF No. 11. Accordingly, the parties’ Stipulation and Proposed Order, ECF No. 12 , and Notice to Reschedule Hearing, ECF No. 13 , are deemed moot and will not be considered by the Court. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) (Entered: 01/25/2023)
01/25/2023 18 MOTION for PRELIMINARY INJUNCTION by Aurora Regino. Motion Hearing set for 2/28/2023 at 01:30 PM in Courtroom 6 before Senior Judge John A. Mendez. (Attachments: # 1 Notice, # 2 Memorandum , # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Proposed Order, # 7 Proof of Service)(Columbo, Michael) Modified on 1/26/2023 (Benson, A.). (Entered: 01/25/2023)
01/25/2023 19 STIPULATION and PROPOSED ORDER for Preliminary Injunction Hearing by Aurora Regino. (Attachments: # 1 Proof of Service Certificate of Service)(Columbo, Michael) (Entered: 01/25/2023)
01/27/2023 20 STIPULATION and ORDER signed by Senior Judge John A. Mendez on 01/26/2023 ORDERING that the Motion for Preliminary Injection shall be held on 2/28/2023 at 01:30 PM in Courtroom 6 before Senior Judge John A. Mendez, DIRECTING Defendants Kelly Staley, Caitlin Dalby, Rebecca Konkin, Tom Lando, Eileen Robinson and Matt Tennis to file any opposition briefing by 02/14/2023 and Plaintiff to file any reply briefing by 02/21/2023. (Spichka, K.) (Entered: 01/27/2023)
02/14/2023 21 OPPOSITION by Caitlin Dalby, et al., to 18 Motion for Preliminary Injunction. (Attachments: # 1 Request for Judicial Notice, # 2 Declaration of Jimmie E. Johnson, # 3 Declaration of Kelly Staley, # 4 Objections to Expert Affidavit)(Johnson, Jimmie) (Entered: 02/14/2023)
02/14/2023 22 MOTION to INTERVENE by GSA Network. Attorney Shearer, Adam F. added. Motion Hearing set for 3/28/2023 at 01:30 PM in Courtroom 6 (JAM) before Senior Judge John A. Mendez. (Attachments: # 1 Declaration of Ginna Brelsford, # 2 [STRICKEN – see 32 Order] Proposed Opposition to Motion for Preliminary Injunction, # 3 [STRICKEN – see 32 Order] Declaration of Dr. Jack Turban, # 4 Conditional Answer, # 5 Proposed Order)(Shearer, Adam) Modified on 2/24/2023 (Michel, G.). (Entered: 02/14/2023)
02/16/2023 23 NOTICE of APPEARANCE by Jennifer Ling Chou on behalf of GSA Network. Attorney Chou, Jennifer Ling added. (Chou, Jennifer) (Entered: 02/16/2023)
02/16/2023 24 NOTICE of APPEARANCE by Elizabeth O. Gill on behalf of GSA Network. Attorney Gill, Elizabeth O. added. (Gill, Elizabeth) (Entered: 02/16/2023)
02/16/2023 25 NOTICE of APPEARANCE by Amanda Goad on behalf of GSA Network. Attorney Goad, Amanda added. (Goad, Amanda) (Entered: 02/16/2023)
02/16/2023 26 NOTICE of APPEARANCE by Ariana Rodriguez on behalf of GSA Network. Attorney Rodriguez, Ariana added. (Rodriguez, Ariana) (Entered: 02/16/2023)
02/21/2023 27 REPLY by Aurora Regino in support of 18 Motion for Preliminary Injunction. (Attachments: # 1 Response, # 2 Declaration)(Dhillon, Harmeet) (Entered: 02/21/2023)
02/21/2023 28 MOTION to STRIKE by Aurora Regino. Motion Hearing set for 4/4/2023 at 01:30 PM before Senior Judge John A. Mendez. (Attachments: # 1 Notice, # 2 Proposed Order)(Dhillon, Harmeet) (Entered: 02/21/2023)
02/21/2023 29 REQUEST for JUDICIAL NOTICE by Aurora Regino in re 27 Reply re Motion for Preliminary Injunction. (Attachments: # 1 Response)(Dhillon, Harmeet) Modified on 2/22/2023 (Benson, A.). (Entered: 02/21/2023)
02/23/2023 30 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 2/23/2023: Plaintiff’s 28 Motion to Strike is noticed for hearing on a date not designated for the Court’s civil law and motion calendar. Consequently, the hearing set for 4/4/2023 is VACATED and RESET for 3/28/2023 at 1:30 PM in Courtroom 6 before Senior Judge John A. Mendez. [TEXT ENTRY ONLY] (Michel, G.) (Entered: 02/23/2023)
02/23/2023 31 OBJECTIONS by Defendants Caitlin Dalby, et al., to 27 Reply Evidence in support of Motion. (Johnson, Jimmie) Modified on 2/23/2023 (Benson, A.). (Entered: 02/23/2023)
02/24/2023 32 ORDER signed by Senior Judge John A. Mendez on 2/24/2023 GRANTING 28 Motion to Strike; ORDERING that the docket entries at ECF Nos. 22-2 and 22-3 be stricken from the record. (Michel, G.) (Entered: 02/24/2023)
02/28/2023 33 MINUTES (Text Only) for MOTION HEARING before Senior District Judge John A. Mendez held on 02/28/2023. Plaintiff’s counsel, Eric Sell and Joshua Dixon, present. Defendants’ counsel, Brian Duus, present. The court and counsel discussed the pending motion. Arguments heard. The court SUBMITTED Plaintiff’s 18 Motion for Preliminary Injunction. A written order to issue. Court Reporter: M. Valenoti. (York, M) (Entered: 02/28/2023)
02/28/2023 34 OPPOSITION by Aurora Regino to 22 Motion to Intervene,. Attorney Graham, Jeremiah added. (Graham, Jeremiah) (Entered: 02/28/2023)
03/01/2023 35 TRANSCRIPT REQUEST by GSA Network for proceedings held on 02-28-2023 before Judge Hon. John A. Mendez. Court Reporter Maryann Valenoti. (Shearer, Adam) (Entered: 03/01/2023)
03/08/2023 36 TRANSCRIPT of Motion Hearing Proceedings held on February 28, 2023, before Senior Judge John A. Mendez, 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 3/30/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 6/8/2023. (Valenoti, Maryann) (Entered: 03/08/2023)
03/09/2023 37 ORDER signed by Senior Judge John A. Mendez on 03/08/2023 DENYING 18 Motion for Preliminary Injunction. (Rodriguez, E) (Entered: 03/09/2023)
03/10/2023 38 REPLY by GSA Network in support of 22 Motion to Intervene. (Shearer, Adam) Modified on 3/15/2023 (Rodriguez, E). (Entered: 03/10/2023)
03/21/2023 39 MINUTE ORDER (Text Only Entry) issued by M York Courtroom Deputy for Senior District Judge John A. Mendez on 03/21/2023: GSA Network’s 22 Motion to Intervene now calendared for 03/28/2023 is SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g). As such, the hearing on said motion is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (York, M) (Entered: 03/21/2023)
03/27/2023 40 MOTION to DISMISS by Caitlin Dalby, et al.. Motion Hearing set for 5/23/2023 at 01:30 PM in Courtroom 6 (JAM) before Senior Judge John A. Mendez. (Attachments: # 1Request for Judicial Notice, # 2 Declaration of Jimmie Johnson , # 3 Declaration of Kelly Staley , # 4 Index of Exhibits, # 5 Exhibit A, # 6 Exhibit B , # 7 Exhibit C , # 8 Exhibit D , # 9 Exhibit E, # 10 Exhibit F)(Johnson, Jimmie) Modified on 3/28/2023 (Kastilahn, A). (Entered: 03/27/2023)
03/27/2023 41 JOINT RULE 26(F) REPORT filed by Defendants Caitlin Dalby, Rebecca Konkin, Tom Lando, Eileen Robinson, Kelly Staley, Matt Tennis. (Johnson, Jimmie) Modified on 3/28/2023 (Kastilahn, A). (Entered: 03/27/2023)
04/10/2023 42 FIRST AMENDED COMPLAINT against All Defendants by Aurora Regino. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Proof of Service)(Dhillon, Harmeet) (Entered: 04/10/2023)
04/10/2023 43 OPPOSITION by Plaintiff Aurora Regino to 40 Motion to Dismiss. (Attachments: # 1 Proof of Service)(Dhillon, Harmeet) (Entered: 04/10/2023)
04/11/2023 44 REPLY by Caitlin Dalby, Rebecca Konkin, Tom Lando, Eileen Robinson, Kelly Staley, Matt Tennis re 43 Opposition, 40 Motion to Dismiss, 42 Amended Complaint. (Johnson, Jimmie) (Entered: 04/11/2023)
04/12/2023 45 MINUTE ORDER (Text Only Entry) issued by M York Courtroom Deputy for Senior District Judge John A. Mendez on 04/12/2023: On 04/10/2023, Plaintiff timely filed her First Amended Complaint in response to Defendants’ Motion to Dismiss at ECF No. 40 . See FAC, ECF No. 42 ; Fed. R. Civ. P. 15(a)(1)(B). An amended complaint ordinarily moots a motion to dismiss, however, the Court may exercise its discretion to consider a motion to dismiss the original complaint where the amended complaint fails to cure the defects of the original complaint. Appleton v. County of Sacramento, 2005 U.S. Dist. Lexis 35632, fn. 4 (E.D. Cal. Dec. 25, 2005). Accordingly, the Court GRANTS in PART and DENIES in PART Defendants’ Motion to Dismiss. The Court GRANTS Defendants’ motion as to the individual Board Member Defendants sued in their official capacities. The claims against Defendants Caitlin Dalby, Rebecca Konkin, Tom Lando, Eileen Robinson, and Matt Tennis, sued in their official capacities, are hereby DISMISSED with prejudice. As to any other issues raised in the Motion to Dismiss, the Court will take them up at the appropriate time if Defendants file a second motion to dismiss the FAC. The Court thus DENIES the remainder of Defendants’ motion without prejudice for refiling. The Court also DENIES Defendant’s Request for Judicial Notice without prejudice for refiling. ECF No. 40-1. The 05/23/2023 hearing on this Motion is hereby VACATED. (York, M) (Entered: 04/12/2023)
04/17/2023 46 ORDER signed by Senior Judge John A. Mendez on 4/14/2023 DENYING 22 Motion to Intervene. (Perdue, C.) (Entered: 04/17/2023)
04/17/2023 47 TRANSCRIPT REQUEST by Aurora Regino for proceedings held on 2/28/2023 before Judge John A. Mendez. Court Reporter Maryann Valenoti. (Dhillon, Harmeet) (Entered: 04/17/2023)
04/18/2023 48 STIPULATION and PROPOSED ORDER for 5-Page Limit Extension On Def Kelly Staley’s Forthcoming Rule 12 Mtn and Pltf’s Opp Thereto by Caitlin Dalby et al,. (Johnson, Jimmie) Modified on 4/19/2023 (Licea Chavez, V). (Entered: 04/18/2023)
04/20/2023 49 MINUTE ORDER (Text Only Entry) issued by M York Courtroom Deputy for Senior District Judge John A. Mendez on 04/20/2023: Upon careful review, the Court DECLINES TO ADOPT the parties 48 Stipulation and Proposed Order re Page Limits. The parties shall comply with the page limits set forth in the Court’s 4 -2 Order re Filing Requirements when filing the forthcoming motion and related briefing referenced in their stipulation. (York, M) (Entered: 04/20/2023)
04/25/2023 50 MOTION to DISMISS by Kelly Staley. Motion Hearing set for 6/27/2023 at 01:30 PM in Courtroom 6 (JAM) before Senior Judge John A. Mendez. (Johnson, Jimmie) (Entered: 04/25/2023)
04/25/2023 51 REQUEST for JUDICIAL NOTICE by Kelly Staley in re 50 Motion to Dismiss. (Attachments: # 1 Johnson Declaration, # 2 Staley Declaration, # 3 Exhibit A , # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Johnson, Jimmie) Modified on 4/26/2023 (Benson, A.). (Entered: 04/25/2023)
05/09/2023 52 OPPOSITION by Aurora Regino to 50 Motion to Dismiss. (Dhillon, Harmeet) (Entered: 05/09/2023)
05/09/2023 53 OPPOSITION to 51 Request for Judicial Notice by Aurora Regino . (Dhillon, Harmeet) Modified on 5/10/2023 (Licea Chavez, V). (Entered: 05/09/2023)
05/16/2023 54 REPLY by Caitlin Dalby, Rebecca Konkin, Tom Lando, Eileen Robinson, Kelly Staley, Matt Tennis re 50 Motion to Dismiss. (Johnson, Jimmie) (Entered: 05/16/2023)
06/13/2023 55 MINUTE ORDER (Text Only Entry) issued by M York Courtroom Deputy for Senior District Judge John A. Mendez on 06/13/2023: The parties are ORDERED to file an updated Joint Status Report pursuant to the provisions of F.R.Cv.P. 16 and 26, in accordance with Local Rule 240 and the Court’s Order Requiring Service of Process and Joint Status Report, within thirty (30) days after the Court’s ruling on Defendant’s pending 50 Motion to Dismiss. (York, M) (Entered: 06/13/2023)
06/27/2023 56 MINUTES (Text Only) for MOTION HEARING before Senior District Judge John A. Mendez held on 06/27/2023. Plaintiff’s counsel, Joshua Dixon, present along with his client Aurora Regino. Defendant’s counsel, Brian Duus, present. The Court and counsel discussed the pending motion. Arguments heard.The court SUBMITTED Defendant’s 50 Motion to Dismiss. A written order to issue. Court Reporter: Maryann Valenoti. (York, M) (Entered: 06/27/2023)
07/11/2023 57 ORDER signed by Senior Judge John A. Mendez on 7/10/2023 GRANTING 50 Motion to Dismiss, all of Plaintiff’s claims are DISMISSED with prejudice. CASE CLOSED (Reader, L) (Entered: 07/11/2023)
07/11/2023 58 JUDGMENT dated *7/11/2023* pursuant to order signed by Senior Judge John A. Mendez on 7/10/2023. (Reader, L) (Entered: 07/11/2023)
07/20/2023 59 NOTICE of APPEAL by Aurora Regino. (Filing fee $ 505, receipt number ACAEDC-10972582) (Dhillon, Harmeet) (Entered: 07/20/2023)
07/21/2023 60 APPEAL PROCESSED to Ninth Circuit re 59 Notice of Appeal filed by Aurora Regino. Notice of Appeal filed *7/20/2023*, Complaint filed *1/6/2023* and Appealed Order / Judgment filed *7/11/2023*. Court Reporter: *Maryann Valenoti*. *Fee Status: Paid on 7/20/2023 in the amount of $505.00* (Attachments: # 1 Appeal Information) (Reader, L) (Entered: 07/21/2023)
07/26/2023 61 TRANSCRIPT REQUEST by Aurora Regino. Court Reporter Maryann Valenoti. (Dhillon, Harmeet) (Entered: 07/26/2023)
07/28/2023 62 USCA CASE NUMBER 23-16031 for 59 Notice of Appeal filed by Aurora Regino. (Licea Chavez, V) (Entered: 07/28/2023)
08/17/2023 63 TRANSCRIPT of Motion to Dismiss Proceedings held on June 27, 2023, before Senior Judge John A. Mendez, 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 9/8/2023. Redacted Transcript Deadline set for 9/18/2023. Release of Transcript Restriction set for 11/16/2023. (Valenoti, Maryann) (Entered: 08/17/2023)
09/08/2023 64 MOTION to PUBLISH by Kelly Staley. Motion Hearing set for 10/10/2023 at 01:30 PM in Courtroom 6 (JAM) before Senior Judge John A. Mendez. (Johnson, Jimmie) Modified on 9/11/2023 (Licea Chavez, V). (Entered: 09/08/2023)
09/13/2023 65 MINUTE ORDER (Text Only Entry) issued by M York Courtroom Deputy for Senior District Judge John A. Mendez on 09/13/2023: Defendant’s 64 Motion to Publish is noticed for hearing on a date not designated for the Court’s civil law and motion calendar. Consequently, the hearing set for 10/10/2023 is VACATED. Counsel shall contact M York, Courtroom Deputy for District Judge John A. Mendez, via email to obtain an available date to re-notice the motion for hearing. Ms. York can be reached at: MYork@caed.uscourts.gov. (York, M) (Entered: 09/13/2023)
09/25/2023 66 NOTICE to RESCHEDULE HEARING on 64 Motion to Publish: Motion Hearing SET for 10/31/2023, at 01:30 PM, in Courtroom 6 (JAM), before Senior District Judge John A. Mendez. (Johnson, Jimmie) Modified on 9/29/2023 (York, M). (Entered: 09/25/2023)
10/19/2023 67 MINUTE ORDER (Text Only Entry) issued by M Francel Relief Courtroom Deputy for Senior District Judge John A. Mendez on 10/19/2023: Defendant’s 64 Motion to Publish now calendared for 10/31/2023 is SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g). As such, the hearing on said motion is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Francel, M.) (Entered: 10/19/2023)
10/26/2023 68 MINUTE ORDER (Text Only Entry) issued by M. Francel Relief Courtroom Deputy for Senior District Judge John A. Mendez on 10/26/2023: The Court has received, read and considered Defendant Kelly Staley’s unopposed “Motion to Publish ECF 57 in National Reporter System” (ECF No. 64 ). The Court’s Order Granting Defendant’s Motion to Dismiss (ECF No. 57 ) has been appealed to the Ninth Circuit (ECF No. 59 ) and is pending before that Court. This Court cannot order that a publishing company publish its decision but can only recommend that a specific order be published. Additionally, as Defendant acknowledges, the decision to recommend publication is at the Court’s discretion. Given the current status of this case, this Court respectfully DECLINES Defendant’s request and DENIES her motion to publish at this time. (Francel, M.) (Entered: 10/26/2023)

Last updated 02/26/2024
Reconciled with online docket 02/23/2024