California Southern District Court
Judge:Barry Ted Moskowitz
Referred: Jill L Burkhardt
Case #: 3:17-cv-00532
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause07:2023(a) Judicial Review of Food Stamp Disqualification
Case Filed:Mar 16, 2017
Terminated:Sep 06, 2018
Last checked: Tuesday Sep 12, 2017 2:22 AM PDT
Defendant
United States of America
Represented By
Daniel Everett Butcher
U S Attorneys Office Southern District Of California
contact info
U S Attorney CV
U S Attorneys Office Southern District Of California
contact info
Plaintiff
Nyien Nyien Aye
Represented By
Andrew Zachary Tapp
Metropolitan Law Group, PLLC
contact info
Frank S Clowney, III
Law Offices Of Frank S Clowney Iii
contact info
Plaintiff
Win Htut
Represented By
Andrew Zachary Tapp
Metropolitan Law Group, PLLC
contact info
Frank S Clowney, III
Law Offices Of Frank S Clowney Iii
contact info
Plaintiff
Tar Lue
Represented By
Andrew Zachary Tapp
Metropolitan Law Group, PLLC
contact info
Frank S Clowney, III
Law Offices Of Frank S Clowney Iii
contact info
Plaintiff
Sue Tha Lei Paw
Represented By
Andrew Zachary Tapp
Metropolitan Law Group, PLLC
contact info
Frank S Clowney, III
Law Offices Of Frank S Clowney Iii
contact info
Plaintiff
Friday Moe Ro
Represented By
Andrew Zachary Tapp
Metropolitan Law Group, PLLC
contact info
Frank S Clowney, III
Law Offices Of Frank S Clowney Iii
contact info
Plaintiff
Yoon Wady Food Store
Represented By
Andrew Zachary Tapp
Metropolitan Law Group, PLLC
contact info
Frank S Clowney, III
Law Offices Of Frank S Clowney Iii
contact info

GPO Aug 22 2017
ORDER Denying Plaintiff's 9 Motion for Reconsideration, and to Vacate, Set Aside or Stay Court's Order Setting Briefing Schedule and Hearing Date for Cross-Motions for Summary Judgment. Signed by Magistrate Judge Jill L. Burkhardt on 8/22/2017. (mxn)
GPO Mar 29 2018
ORDER Denying Without Prejudice Defendant's 12 Motion for Summary Judgment. Defendant may renew its motion relying on its present motion after completion of discovery. The matter is referred to Magistrate Judge Burkhardt to conduct a case management conference (CMC). Discovery shall be completed within 120 days of the CMC. The pretrial conference will be held on 10/23/2018 at 2:00 p.m. before Magistrate Judge Jill L. Burkhardt. Signed by Judge Barry Ted Moskowitz on 3/29/2018. (mxn)
GPO Jun 18 2018
ORDER: (1) Granting in Part 29 Joint Motion to Amend Scheduling Order, and (2) Issuing Amended Scheduling Order. Final Pretrial Conference set for 2/5/2019 at 3:30 PM before Judge Barry Ted Moskowitz. Mandatory Settlement Conference set for 10/30/2018 at 1:45 PM before Magistrate Judge Jill L. Burkhardt. Memorandum of Contentions of Fact and Law due by 1/8/2019, if needed. Proposed Pretrial Order due by 1/22/2019. Signed by Magistrate Judge Jill L. Burkhardt on 6/15/2018. (mxn)

Docket last updated: 04/18/2024 11:59 PM PDT
Thursday, September 06, 2018
35 35 1 pgs order Order on Motion to Dismiss Fri 09/07 10:18 AM
ORDER Granting34 Joint Motion to Dismiss. Signed by Judge Barry Ted Moskowitz on 9/6/2018. (sjm)
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Thursday, August 23, 2018
34 34 notice Notice (Other) Thu 08/23 6:57 AM
NOTICE Joint Motion to Dismiss by Nyien Nyien Aye, Win Htut, Tar Lue, Sue Tha Lei Paw, Friday Moe Ro, Yoon Wady Food Store (Tapp, Andrew)
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Thursday, August 09, 2018
33 33 order Order on Motion for Protective Order Thu 08/09 4:00 PM
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: For administrative purposes, the motion filed at ECF No.24 is denied as moot in light of the order granting the parties' joint motion for stipulated protective order (ECF No.28 ). (no document attached) (axy)
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Monday, June 18, 2018
32 32 7 pgs order Order on Motion to Amend/Correct Mon 06/18 10:52 AM
ORDER: (1) Granting in Part29 Joint Motion to Amend Scheduling Order, and (2) Issuing Amended Scheduling Order. Final Pretrial Conference set for 2/5/2019 at 3:30 PM before Judge Barry Ted Moskowitz. Mandatory Settlement Conference set for 10/30/2018 at 1:45 PM before Magistrate Judge Jill L. Burkhardt. Memorandum of Contentions of Fact and Law due by 1/8/2019, if needed. Proposed Pretrial Order due by 1/22/2019. Signed by Magistrate Judge Jill L. Burkhardt on 6/15/2018. (mxn)
Related: [-]
Monday, June 11, 2018
31 31 minutes Status Conference ~Util - Set Deadlines/Hearings Mon 06/11 2:20 PM
Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: A Status Conference regarding the parties' Joint Motion to Amend/Correct the Scheduling Order (ECF No.29 ) was held on 6/11/2018. The Court hereby SETS a continued telephonic Status Conference for 6/15/2017 at 3:00 PM before Magistrate Judge Jill L. Burkhardt. For purposes of the Conference, counsel shall place a joint call to chambers with all participating counsel on the line. (Plaintiff Attorney Andrew Zachary Tapp).(Defendant Attorney Daniel Everett Butcher). (no document attached) (axy)
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Thursday, June 07, 2018
30 30 order Minute Order (No Time) ~Util - Set Deadlines/Hearings Thu 06/07 3:33 PM
Minute Order by Magistrate Judge Jill L. Burkhardt: A telephonic, counsel only Status Conference regarding the parties' Joint Motion to Amend/Correct the Scheduling Order (ECF No.29 ) is here by SET for 6/11/2018 at 2:00 PM before Magistrate Judge Jill L. Burkhardt. For purposes of the Conference, counsel shall place a joint call to chambers with all participating counsel already on the line. (axy)
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29 29 motion Amend/Correct Thu 06/07 8:53 AM
Joint MOTION to Amend/Correct23 Scheduling Order,, by United States of America.(Butcher, Daniel)
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Att: 1 Proof of Service
Wednesday, May 30, 2018
28 28 7 pgs order Order on Motion for Protective Order Thu 05/31 11:09 AM
ORDER: (1) Granting27 Joint Motion for Protective Order, and (2) Entering Stipulated Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 5/29/2018. (mxn)
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Tuesday, May 29, 2018
27 27 motion Protective Order Tue 05/29 11:42 AM
Joint MOTION for Protective Order by United States of America.(Butcher, Daniel)
Related: [-]
Att: 1 Proof of Service
Monday, May 21, 2018
26 26 minutes Status Conference Tue 05/22 10:51 AM
Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: A Status Conference regarding Defendant's Ex Parte Motion for Protective Order (ECF No.24 ) was held on 5/21/2018. The parties are granted leave to file a motion for protective order on or before 6/1/2018. (Plaintiff Attorney Andrew Zachary Tapp). (Defendant Attorney Daniel Everett Butcher). (no document attached) (axy)
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Thursday, May 17, 2018
25 25 order Minute Order (No Time) ~Util - Set Deadlines/Hearings Thu 05/17 10:00 AM
Minute Order by Magistrate Judge Jill L. Burkhardt: The Court hereby SETS a telephonic Status Conference for 5/21/2018 at 2:45 PM before Magistrate Judge Jill L. Burkhardt regarding Defendant's Ex Parte Motion for Protective Order (ECF No.24 ). For purposes of the Conference, counsel shall place a joint call to Judge Burkhardt's chambers with all participating counsel already on the line. (axy)
Related: [-]
Tuesday, May 15, 2018
24 24 motion Protective Order Tue 05/15 4:32 PM
Ex Parte MOTION for Protective Order by United States of America.(Butcher, Daniel)
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Att: 1 Declaration of Daniel E. Butcher,
Att: 2 Proof of Service
Wednesday, April 18, 2018
23 23 order Scheduling Order Wed 04/18 2:10 PM
SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Case Management Conference was held on 4/17/2018. Mandatory Settlement Conference is set for 9/5/2018 at 9:00 AM before Magistrate Judge Jill L. Burkhardt. Memorandum of Contentions of Fact and Law due by 11/20/2018, if needed. Proposed Pretrial Order due by 12/11/2018. Final Pretrial Conference set for 12/18/2018 at 3:30 PM before Judge Barry Ted Moskowitz. Signed by Magistrate Judge Jill L. Burkhardt on 4/18/2018.(mxn)
Related: [-]
Tuesday, April 17, 2018
22 22 minutes Case Management Conference Tue 04/17 4:39 PM
Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: A Case Management Conference was held on 4/17/2018. Scheduling order to follow. (Plaintiff Attorney Andrew Zachary Tapp). (Defendant Attorney Daniel Everett Butcher). (no document attached) (axy)
Related: [-]
Thursday, April 12, 2018
21 21 order Order ~Util - Set Deadlines/Hearings ~Util - Terminate Deadlines and Hearings Thu 04/12 9:48 AM
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Due to a conflict with the Court's schedule, the TIME of the Case Management Conference set for 4/17/2018 is hereby RESET to 4:15 PM. (no document attached) (axy)
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Monday, April 09, 2018
20 20 misc Amended Document (NOT Motion) Mon 04/09 5:57 PM
AMENDED DOCUMENT by Nyien Nyien Aye, Win Htut, Tar Lue, Sue Tha Lei Paw, Friday Moe Ro, Yoon Wady Food Store. Amendment to19 Report of Rule 26(f) Planning Meeting Amended Joint Discovery Plan to correct pages not uploaded. .(Tapp, Andrew)
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Att: 1 Certificate of Service-Joint Discovery Plan
19 19 misc Report of Rule 26(f) Planning Meeting Mon 04/09 5:42 PM
REPORT of Rule 26(f) Planning Meeting.(Tapp, Andrew)
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Att: 1 Certificate of Service-Joint Discovery Plan
Friday, March 30, 2018
18 18 order Scheduling Order ~Util - Set Deadlines Fri 03/30 1:34 PM
Order Setting Case Management Conference. Telephonic, Attorneys-only Case Management Conference set for 4/17/2018 at 02:00 PM before Magistrate Judge Jill L. Burkhardt. Joint Discovery Plan due 4/9/2018. Signed by Magistrate Judge Jill L. Burkhardt on 3/29/2018. (jjg)
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Thursday, March 29, 2018
17 17 10 pgs order Order on Motion for Summary Judgment Thu 03/29 3:39 PM
ORDER Denying Without Prejudice Defendant's12 Motion for Summary Judgment. Defendant may renew its motion relying on its present motion after completion of discovery. The matter is referred to Magistrate Judge Burkhardt to conduct a case management conference (CMC). Discovery shall be completed within 120 days of the CMC. The pretrial conference will be held on 10/23/2018 at 2:00 p.m. before Magistrate Judge Jill L. Burkhardt. Signed by Judge Barry Ted Moskowitz on 3/29/2018. (mxn)
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Friday, September 22, 2017
16 16 order Order ~Util - Motions Submitted Mon 09/25 1:40 PM
MINUTE ORDER, Motions Submitted12 MOTION for Summary Judgment (no document attached) (rfm)
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Friday, September 08, 2017
15 15 respm Reply to Response to Motion Fri 09/08 4:31 PM
REPLY to Response to Motion re12 MOTION for Summary Judgment filed by United States of America.(Butcher, Daniel)
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Att: 1 Declaration Custodian of Administrative Record,
Att: 2 Declaration Shanta Swezy,
Att: 3 Proof of Service
Friday, September 01, 2017
14 14 respm Response in Opposition to Motion Fri 09/01 3:10 PM
RESPONSE in Opposition re12 MOTION for Summary Judgment filed by Nyien Nyien Aye, Win Htut, Tar Lue, Sue Tha Lei Paw, Friday Moe Ro, Yoon Wady Food Store.(Tapp, Andrew)
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Att: 1 Memo of Points and Authorities,
Att: 2 Exhibit,
Att: 3 Exhibit,
Att: 4 Exhibit,
Att: 5 Exhibit,
Att: 6 Exhibit,
Att: 7 Exhibit,
Att: 8 Declaration,
Att: 9 Proof of Service
Tuesday, August 22, 2017
13 13 order Order on Motion to Set Aside Tue 08/22 12:35 PM
ORDER Denying Plaintiff's9 Motion for Reconsideration, and to Vacate, Set Aside or Stay Court's Order Setting Briefing Schedule and Hearing Date for Cross-Motions for Summary Judgment. Signed by Magistrate Judge Jill L. Burkhardt on 8/22/2017. (mxn)
Related: [-]
Friday, August 18, 2017
12 12 motion Summary Judgment Fri 08/18 3:25 PM
MOTION for Summary Judgment by United States of America.(Butcher, Daniel)
Related: [-]
Att: 1 Memo of Points and Authorities,
Att: 2 Proof of Service
Tuesday, August 15, 2017
11 11 respm Response in Opposition to Motion Tue 08/15 10:38 AM
RESPONSE in Opposition re9 MOTION to Set Aside7 Order Setting Briefing Schedule on Cross Motions,, Motion for Reconsideration, and to Vacate, Set Aside or Stay Court's Order Setting Briefing Schedule and Hearing Date for Cross-Motions for Summary Judgment filed by United States of America.(Butcher, Daniel)
Related: [-]
Att: 1 Proof of Service
Tuesday, August 01, 2017
10 10 order Order Tue 08/01 4:36 PM
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt re ECF No.9 : On or before 8/15/2017, Defendant SHALL file a response to Plaintiffs' Motion for Reconsideration, and to Vacate, Set Aside or Stay Court's Order (see ECF No.9 ). (no document attached) (smm)
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Friday, July 21, 2017
9 9 motion Set Aside Fri 07/21 2:39 PM
MOTION to Set Aside7 Order Setting Briefing Schedule on Cross Motions,, Motion for Reconsideration, and to Vacate, Set Aside or Stay Court's Order Setting Briefing Schedule and Hearing Date for Cross-Motions for Summary Judgment by Nyien Nyien Aye, Win Htut, Tar Lue, Sue Tha Lei Paw, Friday Moe Ro, Yoon Wady Food Store.(Tapp, Andrew)
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Att: 1 Memorandum in Support
Friday, June 23, 2017
8 8 notice Notice of Lodgment Fri 06/23 3:48 PM
NOTICE of Lodgment by United States of America (Administrative Record)(Butcher, Daniel)
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Att: 1 Proof of Service
Tuesday, May 30, 2017
7 7 order Order Setting Briefing Schedule on Cross Motions Tue 05/30 3:19 PM
Order Setting Briefing Schedule and Hearing Date for Cross-Motions for Summary Judgment: Plaintiff shall file and serve a motion for summary judgment by 7/21/2017. Defendant shall file and serve an opposition and cross-motion for summary judgment by 8/18/2017. Plaintiff shall file and serve an opposition to the cross-motion and a reply to opposition by 9/1/2017. Defendant shall file any reply to opposition to the the cross-motion by 9/8/2017. Motion Hearing shall be scheduled for 9/22/2017 at 11:00 AM. Signed by Magistrate Judge Jill L. Burkhardt on 5/30/2017. (fth)
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Friday, May 26, 2017
6 6 answer Answer to Complaint Fri 05/26 12:51 PM
ANSWER to1 Complaint, by United States of America.(Butcher, Daniel)Attorney Daniel Everett Butcher added to party United States of America(pty:dft)
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Att: 1 Proof of Service
Wednesday, May 10, 2017
5 5 service Summons Returned Executed Wed 05/10 5:38 AM
SUMMONS Returned Executed by Yoon Wady Food Store, Sue Tha Lei Paw, Friday Moe Ro, Win Htut, Tar Lue, Nyien Nyien Aye. United States of America served.(Tapp, Andrew) (rlu)
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Att: 1 Exhibit PS Form 3811
Monday, April 24, 2017
4 4 misc Pro Hac Vice Approved - Clerk Mon 04/24 10:18 AM
PRO HAC APPROVED: Andrew Zachary Tapp appearing for Plaintiffs Nyien Nyien Aye, Win Htut, Tar Lue, Sue Tha Lei Paw, Friday Moe Ro, Yoon Wady Food Store (no document attached) (jrd)
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3 3 notice Request to Appear Pro Hac Vice Mon 04/24 9:59 AM
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-10015613.) (Application to be reviewed by Clerk.) (Tapp, Andrew)
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Thursday, March 16, 2017
2 2 service Summons Issued Thu 03/16 4:51 PM
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mpl)
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1 1 cmp Complaint Thu 03/16 4:43 PM
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0974-9904675.), filed by Yoon Wady Food Store, Sue Tha Lei Paw, Friday Moe Ro, Win Htut, Tar Lue, Nyien Nyien Aye. The new case number is 3:17-cv-532-BTM-JLB. Judge Barry Ted Moskowitz and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Clowney, Frank)(mpl)
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Att: 1 Civil Cover Sheet