California Pawnbrokers Association, Inc. v. Carter et al
| California Eastern District Court | |
| Judge: | John A Mendez |
| Referred: | Kendall J Newman |
| Case #: | 2:16-cv-02141 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:551 Administrative Procedure Act |
| Case Filed: | Sep 07, 2016 |
| Terminated: | Feb 03, 2017 |
| Last checked: Monday Mar 06, 2017 12:42 AM PST |
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Defendant
Ashton B. Carter
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Represented By
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Defendant
United States Department of Defense
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Represented By
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Plaintiff
California Pawnbrokers Association, Inc.
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Represented By
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GPO
Nov 08 2016
ORDER signed by District Judge John A. Mendez on 11/07/2016 DENYING 11 Motion for Preliminary Injunction. (Butolph, J) |
| Docket last updated: 05/18/2025 11:59 PM PDT |
| Friday, February 03, 2017 | ||
| 34 | 34
notice
Notice of Voluntary Dismissal
Fri 02/03 9:36 AM
NOTICE of DISMISSAL: Per33 Notice, this case is DISMISSED without prejudice. CASE CLOSED (Kastilahn, A) |
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| Friday, December 30, 2016 | ||
| 33 | 33
notice
Notice of Voluntary Dismissal
Fri 12/30 2:22 PM
NOTICE of VOLUNTARY DISMISSAL by California Pawnbrokers Association, Inc.. (Webster, Jon) |
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| Tuesday, December 13, 2016 | ||
| 32 | 32
misc
Stipulation
Tue 12/13 4:02 PM
STIPULATION TO EXTEND DEFENDANTS' DEADLINE TO RESPOND TO PLAINTIFF'S COMPLAINT by Ashton B. Carter, United States Department of Defense. (Zee, Michael) |
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| Monday, December 05, 2016 | ||
| 31 | 31
misc
Transcript Ordering Form
Mon 12/05 2:51 PM
TRANSCRIPT REQUEST by Ashton B. Carter, United States Department of Defense for proceedings held on November 1, 2016 before Judge Hon. John A. Mendez. Court Reporter Cathie Bodene. (Zee, Michael) |
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| Thursday, November 10, 2016 | ||
| 30 | 30
misc
Transcript
Thu 11/10 8:08 AM
TRANSCRIPT of Proceedings held on November 1, 2016, Re: Preliminary Injunction Hearing, before District Judge John A. Mendez, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. 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 Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 12/1/2016. Redacted Transcript Deadline set for 12/12/2016. Release of Transcript Restriction set for 2/9/2017. (Bodene, C) |
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| Tuesday, November 08, 2016 | ||
| 29 | 29
order
Order
Tue 11/08 10:11 AM
ORDER signed by District Judge John A. Mendez on 11/07/2016 DENYING11 Motion for Preliminary Injunction. (Butolph, J) |
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| Wednesday, November 02, 2016 | ||
| 28 | 28
misc
Transcript Ordering Form
Wed 11/02 11:38 AM
TRANSCRIPT REQUEST by California Pawnbrokers Association, Inc. for proceedings held on 11/01/2016 before Judge Hon. John A. Mendez. Court Reporter Cathie Bodene. (Webster, Jon) |
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| 27 | 27
service
Summons Returned Executed
Wed 11/02 10:27 AM
SUMMONS RETURNED EXECUTED: All Plaintiffs. (Webster, Jon) |
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| Tuesday, November 01, 2016 | ||
| 26 | 26
minutes
Motion Hearing ~Util - 1 Terminate Deadlines and Hearings ~Util - Motions Submitted/Under Advisement Order on Motion to Change Venue
Tue 11/01 2:28 PM
MINUTES (Text Only) for proceedings before District Judge John A. Mendez: MOTION HEARING held on 11/1/2016 re11 Ex Parte Application, filed by California Pawnbrokers Association, Inc. ; Terminate Deadlines and Hearings ; MOTIONS SUBMITTED: ; denying7 Motion to Change Venue. Plaintiffs Counsel J. Webster present. Defendants Counsel M. Zee present. Court Reporter: C. Bodene. (Vine, H) |
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| Thursday, October 27, 2016 | ||
| 25 | 25
misc
Response
Thu 10/27 10:14 AM
RESPONSE by Ashton B. Carter, United States Department of Defense to24 Supplement. (Zee, Michael) |
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| Monday, October 24, 2016 | ||
| 24 | 24
misc
Supplement
Mon 10/24 11:55 AM
SUPPLEMENT by California Pawnbrokers Association, Inc. re22 Supplement. (Stroman, Cody) |
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| Wednesday, October 19, 2016 | ||
| 23 | 23
misc
Supplement
Wed 10/19 4:36 PM
SUPPLEMENT by Ashton B. Carter, United States Department of Defense re 21 Minute Order,,,,, Set/Reset Deadlines and Hearings,,,,. (Zee, Michael) |
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| 22 | 22
misc
Supplement
Wed 10/19 4:05 PM
SUPPLEMENT by California Pawnbrokers Association, Inc. re 21 Minute Order,,,,, Set/Reset Deadlines and Hearings,,,,. (Stroman, Cody) |
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| Wednesday, October 12, 2016 | ||
| 21 | 21
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Wed 10/12 1:25 PM
MINUTE ORDER: The hearing on the Motion to Change Venue, ECF No. 7, and Ex Parte Application for Temporary Restraining Order (set to be heard as a motion for preliminary injunction), ECF No. 11, currently set for October 18, 2016, is vacated. On October 12, 2016, the United States District Court for the District of Columbia issued a final judgment on the merits in a similar matter, Huntco Pawn Holdings, LLC v. U.S. Department of Defense, Civil Action No. 16-cv-1433 (CKK). The parties are ordered to submit supplemental briefing, not to exceed ten pages, on how that decision affects the disposition of the two pending Motions. Briefs are due concurrently, one week from the date of this order. Briefs should address, inter alia, any res judicata effect on this case, which claims Plaintiff intends to pursue and how those claims may proceed despite the merits decision, whether Defendants intend to withdraw their Motion to Change Venue, and, if they do not withdraw, why transfer is or is not appropriate. The hearing on the Motions is reset for November 1, 2016, at 1:30 pm. No reply briefs are permitted unless ordered by the Court.(TEXT ENTRY ONLY)(Anderson, J) |
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| Tuesday, October 11, 2016 | ||
| 20 | 20
misc
Reply
Tue 10/11 5:06 PM
REPLY by California Pawnbrokers Association, Inc. re19 Response. (Stroman, Cody) |
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| Tuesday, October 04, 2016 | ||
| 19 | 19
misc
Response
Tue 10/04 7:17 PM
RESPONSE by Ashton B. Carter, United States Department of Defense to11 Ex Parte Application,.(Zee, Michael) |
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Att: 1
Declaration of M. Andrew Zee,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C
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| Friday, September 30, 2016 | ||
| 18 | 18
notice
Notice of Appearance
Fri 09/30 2:20 PM
NOTICE of APPEARANCE by Matthew Joseph Berns on behalf of Ashton B. Carter, United States Department of Defense. Attorney Berns, Matthew Joseph added. (Berns, Matthew) |
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| Monday, September 26, 2016 | ||
| 17 | 17
order
Minute Order Order on Motion for Reconsideration
Mon 09/26 10:13 AM
MINUTE ORDER: Plaintiff filed a motion for reconsideration of the Courts order denying Plaintiffs ex parte application for a temporary restraining order. ECF No. 16. Plaintiffs motion for reconsideration is DENIED. In deciding Plaintiffs motion for preliminary injunction, the Court will apply the evidentiary standard for preliminary injunctions established by Ninth Circuit precedent. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) |
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| Friday, September 23, 2016 | ||
| 16 | 16
motion
Reconsideration
Fri 09/23 5:19 PM
MOTION for RECONSIDERATION re 15 Minute Order,,,,,,, Denying Plaintiff's Ex Parte Application for TRO by California Pawnbrokers Association, Inc..(Webster, Jon) |
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Att: 1
Memorandum Memorandum in Support of Motion for Reconsideration
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| Monday, September 19, 2016 | ||
| 15 | 15
order
Minute Order
Mon 09/19 2:17 PM
MINUTE ORDER: Plaintiff filed an ex parte application for a temporary restraining order (TRO) on September 16, 2016. ECF No. 11. Plaintiff has failed to show that it will suffer immediate irreparable harm in the absence of a TRO. See Homeowners Against the Unfair Initiative v. California Bldg. Indus. Assn, 2006 WL 5003362, at *2 (S.D. Cal. Jan. 27, 2006) ([A] showing of immediate irreparable harm is essential for prevailing on a TRO.). Additionally, Eastern District of California Local Rule 231 states that [i]n considering a motion for a [TRO], the Court will consider whether the applicant could have sought relief by motion for a preliminary injunction at an earlier date without the necessity for seeking last-minute relief by motion for [TRO]. L.R. 231 further states that [s]hould the Court find that the applicant unduly delayed in seeking injunctive relief, the Court may conclude that the delay... contradicts the applicants allegations of irreparable injury. Here, the Final Rule which Plaintiff seeks to enjoin enforcement of became final on July 22, 2015. See Plaintiffs Motion for TRO at 1. Plaintiff offers no explanation as to why it waited over one year from the finalization of the rule, and until only a few weeks before the rule is to go into effect, to seek injunctive relief. For these reasons, Plaintiffs motion for a temporary restraining order (TRO) is DENIED. A hearing to determine whether the Court should issue a preliminary injunction will take place on Tuesday, October 18, 2016 at 1:30 pm in Courtroom 6. Defendants opposition to a preliminary injunction is due on October 4, 2016. Any reply is due October 11, 2016. Defendants application for order shortening time for hearing on Defendants motion to transfer venue is also DENIED. The Court will hear Defendants motion to transfer venue on October 18, 2016 in conjunction with Plaintiffs motion for preliminary injunction. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) |
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| 14 | 14
respm
Exhibit
Mon 09/19 11:06 AM
EXHIBIT A to Opposition re7 MOTION to CHANGE VENUE filed by United States Department of Defense, Ashton B. Carter. (Stroman, Cody) |
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| 13 | 13
respm
Opposition to Motion
Mon 09/19 10:39 AM
OPPOSITION by California Pawnbrokers Association, Inc. to7 MOTION to CHANGE VENUE . (Stroman, Cody) |
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| Friday, September 16, 2016 | ||
| 12 | 12
misc
Stipulation and Proposed Order
Fri 09/16 6:38 PM
STIPULATION and PROPOSED ORDER for Briefing Schedule for Plaintiff's Motion for Temporary Restraining Order re11 Ex Parte Application, by Ashton B. Carter, United States Department of Defense. (Zee, Michael) |
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| 11 | 11
misc
Ex Parte Application
Fri 09/16 5:38 PM
EX PARTE APPLICATION by California Pawnbrokers Association, Inc. for Temporary Restraining Order and Order to Show Cause.(Stroman, Cody) |
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Att: 1
Exhibit,
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Att: 2
Declaration,
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Att: 3
Affidavit,
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Att: 4
Points and Authorities,
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Att: 5
Declaration,
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Att: 6
Declaration,
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Att: 7
Declaration,
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Att: 8
Proposed Order
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| Wednesday, September 14, 2016 | ||
| 10 | 10
order
Minute Order
Wed 09/14 9:21 AM
MINUTE ORDER: Defendants filed an application for order shortening time for the hearing on Defendants motion to transfer venue. ECF No. 9. Plaintiff shall file a response to Defendants request by noon on Monday, September 19, 2016. No reply brief will be permitted. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) |
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| Tuesday, September 13, 2016 | ||
| 9 | 9
misc
Application
Tue 09/13 3:37 PM
APPLICATION for Order Shortening Time for Hearing on Defendants' Motion to Transfer Venue by Ashton B. Carter, United States Department of Defense re7 MOTION to CHANGE VENUE filed by United States Department of Defense, Ashton B. Carter. (Zee, Michael) |
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| Monday, September 12, 2016 | ||
| 8 | 8
order
Minute Order
Mon 09/12 9:40 AM
MINUTE ORDER: re7 Motion to Change Venue - The parties are advised that the Court requires that a courtesy hard copy of each pleading in motion practice is to be delivered at the earliest convenience to the Clerks office at 501 I Street, Ste. 400, Sacramento, CA 95814, to the Attention of Judge Mendez. If the filed motion(s) is/are for summary judgment, and deposition testimony is referenced in the pleadings, a hard copy of the entire deposition(s) including any attachments to the deposition(s) is/are to be lodged with the Court.(TEXT ENTRY ONLY) (Vine, H) |
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| Friday, September 09, 2016 | ||
| 7 | 7
motion
Change Venue
Fri 09/09 7:27 PM
MOTION to CHANGE VENUE by Ashton B. Carter, United States Department of Defense. Attorney Zee, Michael Andrew added. Motion Hearing set for 10/18/2016 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Zee, Michael) |
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Att: 1
21 pgs
Memorandum in Support of Motion to Transfer Venue,
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Att: 2
Declaration of M. Andrew Zee
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| 6 | 6
service
Summons Returned Executed Summons Returned Executed as to USA
Fri 09/09 4:53 PM
SUMMONS RETURNED EXECUTED: All Defendants., SUMMONS RETURNED EXECUTED by California Pawnbrokers Association, Inc.. All Defendants. (Stroman, Cody) |
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| 5 | 5
order
Pro Hac Vice Order
Fri 09/09 1:22 PM
PRO HAC VICE ORDER adding attorney Wayne M. Babovich, PHV for California Pawnbrokers Association, Inc., signed by District Judge John A. Mendez on 9/8/16. (Kastilahn, A) |
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| Thursday, September 08, 2016 | ||
| 4 | 4
misc
Application for Pro Hac Vice and Proposed Order
Thu 09/08 11:37 AM
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Pawnbrokers Association, Inc. for Attorney Wayne M. Babovich to appear Pro Hac Vice. (Filing fee $200.00, receipt number 0972-6659606) (Stroman, Cody) |
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| 3 | 3
misc
Civil New Case Documents for JAM
Thu 09/08 10:13 AM
CIVIL NEW CASE DOCUMENTS ISSUED (Zignago, K.) |
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Att: 1
Consent Form,
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Att: 2
Order re Filing Requirements,
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Att: 3
VDRP
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| 2 | 2
service
Summons
Thu 09/08 10:12 AM
SUMMONS ISSUED as to *Ashton B. Carter, United States Department of Defense* with answer to complaint due within *60* days. Attorney *Jon Webster* *The Law Offices of Jon Webster* *1985 Bonifacio Street, Suite 102* *Concord CA 94520-2264*. (Zignago, K.) |
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| Wednesday, September 07, 2016 | ||
| 1 | 1
COMPLAINT for Declaratory Relief, Preliminary and Permanent Injunction against All Defendants by California Pawnbrokers Association, Inc.. (Filing fee $ 400, receipt number 0972-6658119)(Stroman, Cody)
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Att: 1
Civil Cover Sheet
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