City of Costa Mesa et al v. UNITED STATES OF AMERICA et al
| California Central District Court | |
| Judge: | Josephine L Staton |
| Referred: | John D Early |
| Case #: | 8:20-cv-00368 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 05:551 Administrative Procedure Act |
| Case Filed: | Feb 21, 2020 |
| Terminated: | Feb 28, 2020 |
| Last checked: Monday Sep 28, 2020 11:19 AM PDT |
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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
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Amicus
City of Laguna Beach
Rutan & Tucker LLP 611 Anton Boulevard, Suite 1400 Costa Mesa
Costa Mesa, CA 92626 |
Represented By
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Amicus
City of Newport Beach
CITY OF NEWPORT BEACH CITY ATTORNEY'S OFFICE 100 Civic Center Dr.
Newport Beach, CA 92660 |
Represented By
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Amicus
County of Orange
Orange County Counsel 333 W. Santa Ana Blvd. Ste. 407
Santa Ana, CA 92701 |
Represented By
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Amicus
Orange County Business Council
2 Park Plaza Suite 100
Irvine, CA 92614 |
Represented By
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Defendant
Fairview Developmental Center
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Defendant
United States of America
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Defendant
The United States Department of Defense
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Defendant
The United States Air Force
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Defendant
The State of California
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Represented By
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Defendant
The Department of Health and Human Services
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Defendant
The Centers for Disease Control and Prevention
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Defendant
The California Governors Office of Emergency Services
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Defendant
The California Department of General Services
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Represented By
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Movant
Ocean View School District
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Represented By
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Plaintiff
Katrina Foley
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Represented By
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Plaintiff
City of Costa Mesa
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Represented By
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| Docket last updated: 04/23/2024 11:59 PM PDT |
| 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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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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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,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Declaration of Nahal Kazemi in Support of Parties' Joint Status Report,
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Att: 6
Exhibit 1,
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Att: 7
Exhibit 2,
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Att: 8
Exhibit 3,
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Att: 9
Exhibit 4
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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
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| 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
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| 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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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
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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
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| 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
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| Monday, February 24, 2020 | ||
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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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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
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| 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
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| 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
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| 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
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| 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,
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Att: 2
Supplement Notice of interested parties
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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,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit,
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Att: 6
Exhibit,
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Att: 7
Exhibit,
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Att: 8
Exhibit,
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Att: 9
Exhibit,
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Att: 10
Exhibit,
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Att: 11
Exhibit,
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Att: 12
Exhibit,
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Exhibit,
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Att: 14
Exhibit,
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Att: 15
Exhibit,
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Att: 16
Exhibit,
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Att: 17
Exhibit,
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Att: 18
Declaration Further Declaration of Jason Dempsey,
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Att: 19
Exhibit,
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Att: 20
Declaration Declaration of Bryan Glass,
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Att: 21
Declaration Declaration of Diedre Thu-Ha Nguyen,
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Att: 22
Declaration Declaration of Lori Ann Farrell Harrison
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| Sunday, February 23, 2020 | ||
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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
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| 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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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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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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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,
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Att: 2
Declaration of Eric Lamoureux,
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Att: 3
Declaration of Daniel C. Kim
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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,
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Att: 2
Declaration Dr Kevin Yeskey
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| Saturday, February 22, 2020 | ||
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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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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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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 | ||
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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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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,
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Att: 2
Proposed Order Order to Show Cause re Issuance of Preliminary Injunction,
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Att: 3
Declaration of Kim Barlow,
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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,
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Att: 5
Exhibit to Declaration of Jason Dempsey
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| 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,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6,
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Att: 8
Exhibit 7,
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Att: 9
Exhibit 8,
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Att: 10
Exhibit 9,
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Att: 11
Exhibit 10,
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Att: 12
Exhibit 11,
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Att: 13
Exhibit 12,
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Att: 14
Exhibit 13,
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Att: 15
Exhibit 14,
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Att: 16
Exhibit 15,
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Att: 17
Exhibit 16,
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Att: 18
Exhibit 17
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