California Central District Court
Judge:Josephine L Staton
Referred: John D Early
Case #: 8:20-cv-00368
Nature of Suit440 Civil Rights - Other Civil Rights
Cause05:551 Administrative Procedure Act
Case Filed:Feb 21, 2020
Terminated:Feb 28, 2020
Last checked: Monday Sep 28, 2020 11:19 AM PDT
Amicus
City of Huntington Beach
Office of the City Attorney 2000 Main Street P.O. Box 190 Huntington Beach
Huntington Beach, CA 92648
Represented By
Brian Lee Williams
Huntington Beach City Attorneys Office
contact info
Amicus
City of Laguna Beach
Rutan & Tucker LLP 611 Anton Boulevard, Suite 1400 Costa Mesa
Costa Mesa, CA 92626
Represented By
Philip D Kohn
Rutan And Tucker LLP
contact info
Amicus
City of Newport Beach
CITY OF NEWPORT BEACH CITY ATTORNEY'S OFFICE 100 Civic Center Dr.
Newport Beach, CA 92660
Represented By
Alison Sara Flowers
Aleshire And Wynder LLP
contact info
Tiffany Joy Israel
Aleshire And Wynder LLP
contact info
Amicus
County of Orange
Orange County Counsel 333 W. Santa Ana Blvd. Ste. 407
Santa Ana, CA 92701
Represented By
Marianne Van Riper
Orange County Counsel
contact info
Amicus
Orange County Business Council
2 Park Plaza Suite 100
Irvine, CA 92614
Represented By
Juan C Basombrio
Dorsey And Whitney LLP
contact info
Siena M Caruso
Dorsey And Whitney LLP
contact info
Defendant
Fairview Developmental Center
Defendant
The California Department of General Services
Represented By
Darin L Wessel
California Department Of Justice
contact info
Defendant
The California Governors Office of Emergency Services
Represented By
Darin L Wessel
California Department Of Justice
contact info
Defendant
The Centers for Disease Control and Prevention
Represented By
Daniel A Beck
Ausa - Office Of Us Attorney
contact info
Defendant
The Department of Health and Human Services
Represented By
Darin L Wessel
California Department Of Justice
contact info
Daniel A Beck
Ausa - Office Of Us Attorney
contact info
Defendant
The State of California
Represented By
Darin L Wessel
California Department Of Justice
contact info
Defendant
The United States Air Force
Represented By
Daniel A Beck
Ausa - Office Of Us Attorney
contact info
Defendant
The United States Department of Defense
Represented By
Daniel A Beck
Ausa - Office Of Us Attorney
contact info
Defendant
United States of America
Represented By
Daniel A Beck
Ausa - Office Of Us Attorney
contact info
Movant
Ocean View School District
Represented By
Matthew John Fletcher
Connor Fletcher And Hendencamp LLP
contact info
Plaintiff
City of Costa Mesa
Represented By
Nahal Kazemi
Keller Anderle LLP
contact info
Jennifer L Keller
Keller Anderle LLP
contact info
Plaintiff
Katrina Foley
Represented By
Nahal Kazemi
Keller Anderle LLP
contact info
Jennifer L Keller
Keller Anderle LLP
contact info


Docket last updated: 1 hours ago
Saturday, February 29, 2020
48 48 textonly Generic Text Only Entry Sat 02/29 2:17 PM
TEX ONLY ENTRY (IN CHAMBERS) In light of the Order issued by the Court on February 28, 202047 , the Order to Show Cause Re Preliminary Injunctions Hearing, set for March 3, 2020 at 2:00 p.m., is ordered VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tg) TEXT ONLY ENTRY
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Friday, February 28, 2020
47 47 8 pgs order Order Fri 02/28 10:08 PM
ORDER by Judge Josephine L. Staton (1) DISSOLVING TEMPORARY RESTRAINING ORDER (Doc. 9), (2) DENYING AS MOOT PLAINTIFFS APPLICATION AND (3) DISMISSING ACTION (see document for further details) (tg)
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46 46 misc Response Fri 02/28 5:15 PM
RESPONSE filed by Plaintiff City of Costa Mesato Notice (Other),44 (Keller, Jennifer)
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45 45 misc Status Report Fri 02/28 4:50 PM
STATUS REPORT Joint Status Report filed by Plaintiff City of Costa Mesa.(Keller, Jennifer)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Declaration of Nahal Kazemi in Support of Parties' Joint Status Report,
Att: 6 Exhibit 1,
Att: 7 Exhibit 2,
Att: 8 Exhibit 3,
Att: 9 Exhibit 4
44 44 notice Notice (Other) Fri 02/28 4:29 PM
NOTICE Of Mootness filed by Federal Defendants The Department of Health and Human Services, The United States Air Force, The United States Department of Defense, United States of America.(Osinoff, Joanne)
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Att: 1 Declaration Dr. Kevin Yeskey
43 43 misc Declaration Fri 02/28 4:11 PM
DECLARATION of Marianne Van Riper re EX PARTE APPLICATION to File Amicus Brief 41 filed by Amicus County of Orange. (Van Riper, Marianne)
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42 42 misc Amicus Curiae Brief Fri 02/28 4:08 PM
Amicus Curiae Brief filed filed by Amicus County of Orange. RE: Show Cause Hearing - optional html form,,,, Set/Reset Deadlines/Hearings,,,29 , Order,,, Set/Reset Motion Hearing and R&R Deadlines,,9 . (Van Riper, Marianne)
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41 41 motion Amicus Brief (Leave to File) Fri 02/28 4:01 PM
EX PARTE APPLICATION to File Amicus Brief filed by Amicus County of Orange. (Van Riper, Marianne)
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Att: 1 Proposed Order
40 40 notice Certificate/Notice of Interested Parties Fri 02/28 3:58 PM
NOTICE of Interested Parties filed by Amicus County of Orange, identifying County of Orange. (Attorney Marianne Van Riper added to party County of Orange(pty:am))(Van Riper, Marianne)
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39 39 textonly Notice of Filing Transcript Fri 02/28 11:30 AM
NOTICE OF FILING TRANSCRIPT filed for proceedings 2/24/2020 TRO hearing re Transcript38 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gale, Debbie) TEXT ONLY ENTRY
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38 38 transcript -Transcript Fri 02/28 11:29 AM
TRANSCRIPT for proceedings held on 2/24/2020 TRO hearing. ****Court Reporter: DEBBIE GALE. Contact via: WEBSITE: www.debbiegale.com or EMAIL:DebbieGaleCSR@gmail.com, 714-558-8141 (all requests must be in writing/no phone orders). ****Transcript may only be viewed at the court public terminal or purchased through Court Reporter DEBBIE GALE before the deadline for Release of Transcript restriction. After transcript release date, it may be still be obtained from the Court Reporter or through PACER. (ASCII, Condensed, and Word Indexing/Concordance are also available for purchase at any timethrough the Court Reporter.) Notice of Intent to Redact due within 7 days of this date.**** Redaction Request due 3/20/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/28/2020. (Gale, Debbie)
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37 37 misc Amicus Curiae Brief Fri 02/28 11:02 AM
Amicus Curiae Brief filed filed by Amicus City of Huntington Beach. RE: Show Cause Hearing - optional html form,,,, Set/Reset Deadlines/Hearings,,,29 . (Williams, Brian)
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36 36 motion Amicus Brief (Leave to File) Fri 02/28 10:55 AM
EX PARTE APPLICATION to File Amicus Brief filed by Amici Curiae City of Huntington Beach. Ex Parte Application set for hearing on 3/2/2020 at 02:00 PM before Judge Josephine L. Staton. (Attorney Brian Lee Williams added to party City of Huntington Beach(pty:am)) (Williams, Brian)
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Att: 1 Proposed Order Proposed Order Granting Ex Parte
35 35 notice Notice of Appearance or Withdrawal of Counsel (G-123) Fri 02/28 10:27 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Alison Sara Flowers counsel for Amicus City of Newport Beach. Alison S. Flowers is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Amicus Curiae City of Newport Beach. (Flowers, Alison)
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34 34 notice Notice of Appearance or Withdrawal of Counsel (G-123) Fri 02/28 10:12 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Tiffany Joy Israel counsel for Amicus City of Newport Beach. Filed by Amicus Curiae City of Newport Beach. (Attorney Tiffany Joy Israel added to party City of Newport Beach(pty:am))(Israel, Tiffany)
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Thursday, February 27, 2020
33 33 motion Amicus Brief (Leave to File) Thu 02/27 3:13 PM
EX PARTE APPLICATION to File Amicus Brief in Support of Plaintiffs' Application for TRO and Preliminary Injunction filed by Proposed Amicus Curiae City of Laguna Beach. (Attorney Philip D Kohn added to party City of Laguna Beach(pty:am)) (Kohn, Philip)
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32 32 misc Brief (non-motion non-appeal) Thu 02/27 12:18 PM
BRIEF filed by Amicus Orange County Business Council. regarding EX PARTE APPLICATION to File Amicus Brief 30 . (Caruso, Siena)
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31 31 misc Declaration Thu 02/27 12:14 PM
DECLARATION of Siena Caruso re EX PARTE APPLICATION to File Amicus Brief 30 filed by Amicus Orange County Business Council.(Caruso, Siena)
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Att: 1 Exhibit A
30 30 motion Amicus Brief (Leave to File) Thu 02/27 12:12 PM
EX PARTE APPLICATION to File Amicus Brief filed by Amicus Orange County Business Council. (Attorney Siena M Caruso added to party Orange County Business Council(pty:am)) (Caruso, Siena)
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Att: 1 Proposed Order
Monday, February 24, 2020
29 29 minutes Show Cause Hearing - optional html form ~Util - Set/Reset Deadlines/Hearings Mon 02/24 5:14 PM
MINUTES OF Order to Show Cause Re Preliminary Injunction before Judge Josephine L. Staton: Hearing held. The Court ruled as follows: The Temporary Restraining Order issued on 3/21/2020 remains in effect pending further hearing on the matter scheduled for Monday, 3/2/2020 at 2:00 PM. To the extent that local health officials, either Costa Mesa or Orange County, have specific questions that go to these, or related, issues, such questions should be posed in writing no later than Tuesday, 2/25/2020 at 4:00 PM. Defendants should use best efforts to obtain answers to all such questions by the time the parties meet. The parties are ordered to file a joint status report with the Court no later than 5:00 p.m. on Friday, 2/28/2020. Court Reporter: Debbie Gale. (jp)
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28 28 misc Amicus Curiae Brief Mon 02/24 2:35 PM
Amicus Curiae Brief filed filed by Amicus County of Orange. RE: Order,,, Set/Reset Motion Hearing and R&R Deadlines,,9 . (Van Riper, Marianne)
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27 27 respm Declaration (Motion related) Mon 02/24 1:38 PM
DECLARATION of Aaron C. Harp in Support of EX PARTE APPLICATION to File Amicus Brief 17 filed by Amicus City of Newport Beach.(Flowers, Alison)
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Att: 1 Proposed Order
26 26 notice Notice (Other) Mon 02/24 1:07 PM
NOTICE of Supplemental Declarations in Support of Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Issuance of Preliminary Injunction filed by Plaintiff City of Costa Mesa. (Keller, Jennifer)
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25 25 respm Declaration (Motion related) Mon 02/24 12:37 PM
DECLARATION of Dr. Nicole Quick in Support of Amended APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients 4 filed by Plaintiff City of Costa Mesa.(Keller, Jennifer)
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Att: 1 Exhibit A to Quick Declaration
24 24 respm Declaration (Motion related) Mon 02/24 12:35 PM
DECLARATION of Richard Sanchez in Support of Amended APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients 4 filed by Plaintiff City of Costa Mesa.(Keller, Jennifer)
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Att: 1 Exhibit A to Sanchez Declaration
23 23 order Initial Order upon Filing of Complaint - form only Mon 02/24 11:11 AM
INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (tg)
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22 22 motion Amicus Brief (Leave to File) Mon 02/24 10:59 AM
NOTICE OF MOTION AND MOTION to File Amicus Brief filed by Movant Ocean View School District. Motion set for hearing on 2/24/2020 at 02:00 PM before Judge Josephine L. Staton. (Fletcher, Matthew)
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Att: 1 Declaration Fletcher Dec iso OVSD AC Brief
21 21 motion Leave to File Document Mon 02/24 10:52 AM
NOTICE OF MOTION AND MOTION for Leave to file AMICUS CURIAE filed by Movant Ocean View School District. Motion set for hearing on 2/24/2020 at 02:00 PM before Judge Josephine L. Staton. (Attorney Matthew John Fletcher added to party Ocean View School District(pty:mov)) (Fletcher, Matthew)
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Att: 1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE,
Att: 2 Supplement Notice of interested parties
20 20 notice Notice (Other) Mon 02/24 10:29 AM
Correspondence to the Court filed by Patrick Huggis, Ellen Boles. (jp)
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19 19 respm Reply (Motion related) Mon 02/24 9:02 AM
REPLY In Support of Amended Ex Parte Application Amended APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients 4 filed by Plaintiff City of Costa Mesa.(Keller, Jennifer)
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Att: 1 Declaration Further Declaration of Nahal Kazemi,
Att: 2 Exhibit,
Att: 3 Exhibit,
Att: 4 Exhibit,
Att: 5 Exhibit,
Att: 6 Exhibit,
Att: 7 Exhibit,
Att: 8 Exhibit,
Att: 9 Exhibit,
Att: 10 Exhibit,
Att: 11 Exhibit,
Att: 12 Exhibit,
Att: 13 Exhibit,
Att: 14 Exhibit,
Att: 15 Exhibit,
Att: 16 Exhibit,
Att: 17 Exhibit,
Att: 18 Declaration Further Declaration of Jason Dempsey,
Att: 19 Exhibit,
Att: 20 Declaration Declaration of Bryan Glass,
Att: 21 Declaration Declaration of Diedre Thu-Ha Nguyen,
Att: 22 Declaration Declaration of Lori Ann Farrell Harrison
Sunday, February 23, 2020
18 18 misc Brief (non-motion non-appeal) Sun 02/23 2:10 PM
BRIEF filed by Amicus Curiae City of Newport Beach. regarding EX PARTE APPLICATION to File Amicus Brief 17 , MISC - Other Miscellaneous Case16 .(Flowers, Alison)
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Att: 1 Declaration Declaration of Mayor O'Neill In Support of Amicus Brief
17 17 motion Amicus Brief (Leave to File) Sun 02/23 1:45 PM
EX PARTE APPLICATION to File Amicus Brief filed by Amicus Curiae City of Newport Beach. (Flowers, Alison)
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16 16 cmp MISC - Other Miscellaneous Case Sun 02/23 1:39 PM
Amicus Curiae Fee Exemption in accordance with statute, filed by Amicus Curiae City of Newport Beach. (Attorney Alison Sara Flowers added to party City of Newport Beach(pty:am))(Flowers, Alison)
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15 15 service Proof of Service (subsequent documents) Sun 02/23 1:23 PM
CERTIFICATE OF SERVICE filed by Defendants The California Department of General Services, The California Governors Office of Emergency Services, The Department of Health and Human Services, The State of California, re Response in Opposition to Motion,,,14 served on February 23, 2020. (Wessel, Darin)
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14 14 respm Response in Opposition to Motion Sun 02/23 12:34 PM
OPPOSITION to APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients 1 , Amended APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients 4 filed by Defendants The California Department of General Services, The California Governors Office of Emergency Services, The Centers for Disease Control and Prevention, The Department of Health and Human Services, The State of California.(Attorney Darin L Wessel added to party The California Department of General Services(pty:dft), Attorney Darin L Wessel added to party The California Governors Office of Emergency Services(pty:dft), Attorney Darin L Wessel added to party The Department of Health and Human Services(pty:dft), Attorney Darin L Wessel added to party The State of California(pty:dft))(Wessel, Darin)
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Att: 1 Declaration of Dr. Mark Ghaly,
Att: 2 Declaration of Eric Lamoureux,
Att: 3 Declaration of Daniel C. Kim
13 13 respm Objection/Opposition (Motion related) Sun 02/23 11:44 AM
OPPOSITION Opposition re: Amended APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients 4 , APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients 1 filed by Defendants The Centers for Disease Control and Prevention, The Department of Health and Human Services, The United States Air Force, The United States Department of Defense, United States of America.(Beck, Daniel)
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Att: 1 Declaration Dr Michael Bell,
Att: 2 Declaration Dr Kevin Yeskey
Saturday, February 22, 2020
12 12 service Proof of Service (subsequent documents) Sat 02/22 9:55 PM
PROOF OF SERVICE filed by Plaintiffs City of Costa Mesa, Katrina Foley, re Statement,11 served on February 22, 2020. (Keller, Jennifer)
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11 11 misc Statement Sat 02/22 9:32 PM
STATEMENT Further Statement re Nuisance Claim in Support of Ex Parte Application for temporary Restraining Order and Order to Show Cause re Issuance of Preliminary Injunction filed by Plaintiffs City of Costa Mesa, Katrina Foley re: Amended APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients 4 . (Keller, Jennifer)
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10 10 service Proof of Service (subsequent documents) Sat 02/22 12:26 PM
PROOF OF SERVICE filed by Plaintiff City of Costa Mesa, re Order,,, Set/Reset Motion Hearing and R&R Deadlines,,9 served on February 21, 2020. (Keller, Jennifer)
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Friday, February 21, 2020
9 9 4 pgs order Order ~Util - Set/Reset Motion Hearing and R&R Deadlines Fri 02/21 7:29 PM
TEMPORARY RESTRAINING ORDER and Order Setting Expedited Hearing, Notice of Hearing by Judge Josephine L. Staton re Amended APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients 4 , APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients 1 . Opposition due no later than Sunday, 2/23/2020 @ 12:00 PM, Expedited Hearing set for 2/24/2020 @ 2:00 PM in Courtroom 10A before Judge Josephine L. Staton. Plainiffs are ORDERED to serve this Temporary Restraining Order and this notice of Hearing on all Defendants FORTHWITH. (dgo)
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8 8 attorney Attorney Appearance or Reassignment for the USA Fri 02/21 6:04 PM
NOTICE OF APPEARANCE of Assistant United States Attorney Daniel A. Beck on behalf of Defendant The Centers for Disease Control and Prevention, The Department of Health and Human Services, The United States Air Force, The United States Department of Defense, United States of America. (Attorney Daniel A Beck added to party The Centers for Disease Control and Prevention(pty:dft), Attorney Daniel A Beck added to party The Department of Health and Human Services(pty:dft), Attorney Daniel A Beck added to party The United States Air Force(pty:dft), Attorney Daniel A Beck added to party The United States Department of Defense(pty:dft), Attorney Daniel A Beck added to party United States of America(pty:dft))(Beck, Daniel)
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7 7 notice Certificate/Notice of Interested Parties Fri 02/21 6:00 PM
NOTICE of Interested Parties filed by Plaintiff City of Costa Mesa, (Keller, Jennifer)
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6 6 misc Civil Cover Sheet (CV-71) Fri 02/21 5:57 PM
CIVIL COVER SHEET filed by Plaintiff City of Costa Mesa. (Keller, Jennifer)
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5 5 notice Deficiency in Attorney Case Opening Fri 02/21 5:15 PM
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients 1 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Other error(s) with document(s): No Case initiating document such as a Complaint or Notice of Removal has been filed. Please e-file documents accordingly. (car)
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4 4 motion Temporary Restraining Order Fri 02/21 5:15 PM
Amended APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients filed by Plaintiff City of Costa Mesa. (Keller, Jennifer)
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Att: 1 Proposed Order Temporary Restraining Order,
Att: 2 Proposed Order Order to Show Cause re Issuance of Preliminary Injunction,
Att: 3 Declaration of Kim Barlow,
Att: 4 Declaration of Jason Dempsey in Support of Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Issuance of Preliminary Injunction,
Att: 5 Exhibit to Declaration of Jason Dempsey
3 3 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Fri 02/21 5:06 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
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2 2 notice Notice of Assignment to United States Judges (CV-18) - optional html form Fri 02/21 5:05 PM
NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge John D. Early. (car)
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1 1 motion Temporary Restraining Order Fri 02/21 4:10 PM
APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients filed by Plaintiff City of Costa Mesa. (Attorney Jennifer L Keller added to party City of Costa Mesa(pty:pla)) (Keller, Jennifer)[$400 PAID RECEIPT NO ACACDC-25460351] Modified on 2/21/2020 (car)
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Att: 1 Declaration of Nahal Kazemi In Support of Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Issuance of Preliminary Injunction,
Att: 2 Exhibit 1,
Att: 3 Exhibit 2,
Att: 4 Exhibit 3,
Att: 5 Exhibit 4,
Att: 6 Exhibit 5,
Att: 7 Exhibit 6,
Att: 8 Exhibit 7,
Att: 9 Exhibit 8,
Att: 10 Exhibit 9,
Att: 11 Exhibit 10,
Att: 12 Exhibit 11,
Att: 13 Exhibit 12,
Att: 14 Exhibit 13,
Att: 15 Exhibit 14,
Att: 16 Exhibit 15,
Att: 17 Exhibit 16,
Att: 18 Exhibit 17