California Educators for Medical Freedom et al v. The Los Angeles Unified School District et al
| California Central District Court | |
| Judge: | Dale S Fischer |
| Referred: | Pedro V Castillo |
| Case #: | 2:21-cv-02388 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 15:0053(b) Prelim & Perm Inj Relief & Other Equitable Rel |
| Case Filed: | Mar 17, 2021 |
| Terminated: | Jul 27, 2021 |
| Last checked: Monday Sep 13, 2021 2:55 AM PDT |
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Defendant
Austin Beutner
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Represented By
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Defendant
Linda Del Cueto
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Represented By
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Plaintiff
California Educators for Medical Freedom
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Represented By
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Plaintiff
Cedric Johnson
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Represented By
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Plaintiff
Misanon (Soni) Lloyd
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Represented By
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Plaintiff
Heather Poundstone
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Represented By
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Plaintiff
Artemio Quintero
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Represented By
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Plaintiff
Theresa D. Sanford
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Represented By
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Plaintiff
Miguel Sotelo
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Represented By
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Plaintiff
Janet Phyllis Bregman
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Represented By
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| TERMINATED PARTIES | |
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Defendant
The Los Angeles Unified School District
Terminated: 05/25/2021
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Represented By
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| Docket last updated: 04/16/2024 11:59 PM PDT |
| Tuesday, July 27, 2021 | ||
| 44 | 44
order
Dismiss Case
Tue 07/27 3:57 PM
ORDER by Judge Dale S. Fischer GRANTING Defendants' Motion to Dismiss (Dkt.33 ) and DISMISSES Plaintiffs claims without prejudice. ( MD JS-6. Case Terminated.) See Order for specifics. (jp) |
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| Monday, July 26, 2021 | ||
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textonly
Text Only Scheduling Notice
Mon 07/26 2:14 PM
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motion33 ,34 set for Monday, August 2, 2021 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY Modified on 7/26/2021 (rfi) |
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| Wednesday, July 21, 2021 | ||
| 42 | 42
respm
Motion Related Document
Wed 07/21 9:58 AM
DEFENDANTS AUSTIN BEUTNER AND LINDA DEL CUETOS ADDITIONAL NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION TO DISMISS ALL CAUSES OF ACTION IN PLAINTIFFS FIRST AMENDED COMPLAINT [DOC. NO. 33] re NOTICE OF MOTION AND MOTION to Dismiss Case 33 filed by Defendants Austin Beutner, Linda Del Cueto. (Michaels, Connie) |
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| Monday, July 19, 2021 | ||
| 41 | 41
respm
Reply (Motion related)
Mon 07/19 3:01 PM
REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case 33 filed by Defendants Austin Beutner, Linda Del Cueto. (Leung, Donna) |
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| Friday, July 16, 2021 | ||
| 40 | 40
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Fri 07/16 4:37 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Donna Marie Leung counsel for Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. Adding Donna Leung as counsel of record for Defendants LOS ANGELES UNIFIED SCHOOL DISTRICT, for the reason indicated in the G-123 Notice. Filed by Defendants LOS ANGELES UNIFIED SCHOOL DISTRICT,. (Attorney Donna Marie Leung added to party Austin Beutner(pty:dft), Attorney Donna Marie Leung added to party Linda Del Cueto(pty:dft), Attorney Donna Marie Leung added to party The Los Angeles Unified School District(pty:dft))(Leung, Donna) |
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| 39 | 39
respm
Joinder (Motion Related)
Fri 07/16 3:47 PM
JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case 33 filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. (Michaels, Connie) |
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| 38 | 38
service
Service of Summons and Complaint Returned Executed (21 days)
Fri 07/16 11:15 AM
PROOF OF SERVICE Executed by Plaintiff California Educators for Medical Freedom, upon Defendant Service of the Summons and Complaint were executed upon Defendant, Austin Beutner, in His Individual Capacity in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned.(Howard, John) |
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Att: 1
Declaration re Due Diligence,
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Att: 2
Declaration re Mailing
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| Monday, June 28, 2021 | ||
| 37 | 37
respm
Response in Opposition to Motion
Mon 06/28 7:19 PM
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 33 filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
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| Monday, June 21, 2021 | ||
| 35 | 35
stip
Continue
Mon 06/21 1:20 PM
STIPULATION to Continue Hearing and Briefing Schedule on Defendants' Motion to Dismiss First Amended Complaint from July 12, 2021 to August 2, 2021 or some further date as is convenient for the Court filed by Plaintiff California Educators for Medical Freedom.(Howard, John) |
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Att: 1
Proposed Order Proposed Order on Stipulation to Continue Hearing and Briefing Schedule on Defendants' Motion to Dismiss First Amended Complaint
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textonly
Generic Text Only Entry
Mon 06/21 3:20 PM
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer. The stipulation at dkt.35 is approved. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) |
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| Tuesday, June 15, 2021 | ||
| 34 | 34
respm
Notice of Motion
Tue 06/15 1:46 PM
NOTICE OF MOTION re NOTICE OF MOTION AND MOTION to Dismiss Case 33 filed by Defendants Austin Beutner, Linda Del Cueto. Motion set for hearing on 7/12/2021 at 01:30 PM before Judge Dale S. Fischer. (Michaels, Connie) |
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| Monday, June 07, 2021 | ||
| 33 | 33
motion
Dismiss Case
Mon 06/07 4:13 PM
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. Motion set for hearing on 7/12/2021 at 01:30 PM before Judge Dale S. Fischer. (Michaels, Connie) |
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Att: 1
Memorandum of Points and Authorities in Support of Motion to Dismiss All Causes of Action in Plaintiffs First Amended Complaint,
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Att: 2
Declaration of Connie L. Michaels in Support of Defendants Motion to Dismiss All Causes of Action in Plaintiffs First Amended Complaint,
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Att: 3
Proposed Order Granting Defendants Austin Beutner and Linda Del Cuetos Motion To Dismiss All Causes Of Action In Plaintiffs First Amended Complaint
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| 32 | 32
order
Pretrial-Trial Scheduling Order - form only
Mon 06/07 8:39 AM
AMENDED Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Expert Witness Exchange Deadlines: Final Pretrial Conference set for 5/16/2022 at 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 6/14/2022 at 08:30 AM before Judge Dale S. Fischer. (dd) |
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| 31 | 31
order
Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
Mon 06/07 8:31 AM
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 3/22/2022. (dd) |
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| 30 | 30
order
Pretrial-Trial Scheduling Order - form only
Mon 06/07 8:29 AM
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Expert Witness Exchange Deadlines: Final Pretrial Conference set for 5/16/2022 at 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 6/14/2022 at 08:30 AM before Judge Dale S. Fischer. (dd) |
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textonly
Text Only Scheduling Notice
Mon 06/07 8:19 AM
TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) |
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| Friday, June 04, 2021 | ||
| 28 | 28
misc
Joint Report Rule 26(f) Discovery Plan
Fri 06/04 3:46 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District..(Michaels, Connie) |
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Att: 1
Exhibit A
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| Wednesday, June 02, 2021 | ||
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textonly
Text Only Scheduling Notice
Wed 06/02 8:24 AM
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION TO DISMISS OFF CALENDAR. In light of the filing of an amended complaint, the motion to dismiss, set for hearing on 6/7/2021, is taken off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) |
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| Tuesday, May 25, 2021 | ||
| 26 | 26
notice
Notice (Other)
Tue 05/25 11:45 AM
NOTICE DISMISSAL filed by Plaintiff California Educators for Medical Freedom. As to LAUSD ONLY (Howard, John) |
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| Monday, May 24, 2021 | ||
| 25 | 25
110
pgs
othcmp
Amended Complaint/Petition
Mon 05/24 2:15 PM
First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening)1 , filed by Plaintiff California Educators for Medical Freedom(Howard, John) |
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| Monday, May 17, 2021 | ||
| 24 | 24
notice
Notice (Other)
Mon 05/17 4:46 PM
NOTICE of Intent to File Amended Complaint as of Course filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
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| Thursday, May 13, 2021 | ||
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textonly
Text Only Scheduling Notice
Thu 05/13 3:52 PM
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer. The Ex Parte Application at dkt22 is denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) |
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| Wednesday, May 12, 2021 | ||
| 22 | 22
motion
Continue
Wed 05/12 1:24 PM
EX PARTE APPLICATION to Continue Plaintiffs' Motion for Preliminary Injunction from May 17, 2021 to June 16, 2021 Re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enforcing a mandatory policy of vaccination against COVID-19, so long as the vaccines being so administered under such a policy remain experimental. 13 filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. (Michaels, Connie) |
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Att: 1
Memorandum of Points and Authorities,
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Att: 2
Declaration of Connie L. Michaels,
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Att: 3
Exhibit A - Civil Docket Query Report,
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Att: 4
Exhibit B - Correspondence between Counsel,
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Att: 5
Proposed Order
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| 21 | 21
notice
Withdrawal (Document or Motion)
Wed 05/12 12:09 PM
Notice of Withdrawal of Motion for Preliminary Injunction,,13 filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
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| Monday, May 10, 2021 | ||
| 20 | 20
order
Appear Pro Hac Vice
Tue 05/11 9:04 AM
ORDER by Judge Dale S. Fischer Denying18 Non-Resident Attorney Brant C Hadaway APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs California Educators for Medical Freedom, Artemio Quintero, Miguel Sotelo, Janet Phyllis Bregman, Cedric Johsnon Misanon (Soni) Lloyd, Heather Poundstone, and Theresa D. Sanford. Pursuant to L.R. 83-2.1.3.4. Local Counsel does not maintain office District. (jp). Modified on 5/11/2021 (jp) |
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| Friday, May 07, 2021 | ||
| 19 | 19
notice
Notice of Lodging
Fri 05/07 5:05 PM
NOTICE OF LODGING filed re First APPLICATION of Non-Resident Attorney Brant C. Hadaway to Appear Pro Hac Vice on behalf of Plaintiff California Educators for Medical Freedom (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31258909)18(Howard, John) |
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Att: 1
Proposed Order
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| 18 | 18
motion
Appear Pro Hac Vice (G-64)
Fri 05/07 3:52 PM
First APPLICATION of Non-Resident Attorney Brant C. Hadaway to Appear Pro Hac Vice on behalf of Plaintiff California Educators for Medical Freedom (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31258909) filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
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| Thursday, May 06, 2021 | ||
| 17 | 17
2
pgs
order
Order
Thu 05/06 2:12 PM
ORDER by Judge Dale S. Fischer Requesting Supplemental Briefing on Plaintiffs' Motion for Preliminary Injunction (Dkt.13 ). Plaintiffs are ordered to submit a brief, not to exceed five pages, explaining why their claims are ripe for adjudication. This brief must be submitted no later than 5/24/2021. Defendants may submit an opposing supplemental brief not to exceed five pages no later than 6/2/2021. See Order for specifics. (jp) |
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| Tuesday, May 04, 2021 | ||
| 16 | 16
order
Initial Order Setting R26 Scheduling Conference - form only
Tue 05/04 12:38 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 6/14/2021 at 11:00 AM before Judge Dale S. Fischer. (rfi) |
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| Monday, May 03, 2021 | ||
| 15 | 15
notice
Certificate/Notice of Interested Parties
Mon 05/03 4:58 PM
NOTICE of Interested Parties filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District, identifying Plaintiffs California Educators for Medical Freedom, Artemio Quintero, Miguel Sotelo, Janet Phyllis Bregman, Cedric Johnson, Misanon (Soni) Lloyd, Heather Poundstone and Theresa D. Sanford; Defendants Los Angeles Unifed School District, Austin Beutner, and Linda Del Cueto. (Michaels, Connie) |
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| 14 | 14
motion
Dismiss Case
Mon 05/03 4:48 PM
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. Motion set for hearing on 6/7/2021 at 01:30 PM before Judge Dale S. Fischer. (Attorney Connie Lee Michaels added to party Austin Beutner(pty:dft), Attorney Connie Lee Michaels added to party Linda Del Cueto(pty:dft), Attorney Connie Lee Michaels added to party The Los Angeles Unified School District(pty:dft)) (Michaels, Connie) |
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Att: 1
Memorandum of Points and Authorities in Support of Motion to Dismiss All Causes of Action in Plaintiffs' Complaint,
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Att: 2
Declaration of Connie L. Michaels in Support of Defendants' Motion to Dismiss All Causes of Action in Plaintiffs' Complaint,
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Att: 3
Proposed Order Granting Defendants' Motion to Dismiss All Causes of Action in Plaintiffs' Complaint
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| Thursday, April 15, 2021 | ||
| 13 | 13
motion
Preliminary Injunction
Thu 04/15 4:58 PM
NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enforcing a mandatory policy of vaccination against COVID-19, so long as the vaccines being so administered under such a policy remain experimental. filed by Plaintiff California Educators for Medical Freedom. Motion set for hearing on 5/17/2021 at 01:30 PM before Judge Dale S. Fischer. (Howard, John) |
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Att: 1
Memorandum Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction,
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Att: 2
Exhibit Exh. A,
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Att: 3
Exhibit Exh. B,
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Att: 4
Exhibit Exh. C,
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Att: 5
Exhibit Exh. D,
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Att: 6
Exhibit Exh. E,
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Att: 7
Declaration Exh. F,
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Att: 8
Exhibit Exh. G,
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Att: 9
Exhibit Exh. H
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| Monday, April 12, 2021 | ||
| 12 | 12
service
Notice and Acknowledgment of Service (CV-21) Executed
Mon 04/12 10:21 AM
NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Defendant Misanon (Soni) Lloyd, Miguel Sotelo, Heather Poundstone, Artemio Quintero, Theresa D. Sanford, Janet Phyllis Bregman, California Educators for Medical Freedom, Cedric Johnson, upon Defendant All Defendants. Acknowledgment of Service signed by Connie L. Michaels, Counsel for Defendants. (Howard, John) |
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| Friday, April 09, 2021 | ||
| 11 | 11
service
Service of Summons and Complaint Returned Executed (21 days)
Fri 04/09 11:23 AM
PROOF OF SERVICE Executed by Plaintiff Misanon (Soni) Lloyd, Miguel Sotelo, Heather Poundstone, Artemio Quintero, Theresa D. Sanford, Janet Phyllis Bregman, California Educators for Medical Freedom, Cedric Johnson, upon Defendant The Los Angeles Unified School District served on 4/1/2021, answer due 4/22/2021. Service of the Summons and Complaint were executed upon J. Escobar, Security authorized to accept service for LUSD in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Howard, John) |
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| Thursday, March 18, 2021 | ||
| 10 | 10
service
Summons Issued (Attorney Civil Case Opening)
Thu 03/18 1:29 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendants Austin Beutner, Linda Del Cueto, The Los Angeles Unified School District. (jp) |
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| 9 | 9
notice
Summons Request
Thu 03/18 1:13 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
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| 8 | 8
order
Initial Order upon Filing of Complaint - form only
Thu 03/18 11:19 AM
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi) |
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| 7 | 7
notice
Deficiency in Summons
Thu 03/18 11:17 AM
NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) |
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| 6 | 6
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Thu 03/18 11:15 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
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| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Thu 03/18 11:14 AM
NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Pedro V. Castillo. (esa) |
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| 4 | 4
notice
Certificate/Notice of Interested Parties
Thu 03/18 10:04 AM
NOTICE of Interested Parties filed by Plaintiff California Educators for Medical Freedom, (Howard, John) |
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| Wednesday, March 17, 2021 | ||
| 3 | 3
notice
Summons Request
Wed 03/17 7:46 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiffs California Educators for Medical Freedom. (Howard, John) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Wed 03/17 7:32 PM
CIVIL COVER SHEET filed by Plaintiff California Educators for Medical Freedom. (Howard, John) |
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| 1 | 1
104
pgs
cmp
Complaint (Attorney Civil Case Opening)
Wed 03/17 7:21 PM
COMPLAINT Receipt No: ACACDC-30938443 - Fee: $402, filed by Plaintiffs California Educators for Medical Freedom. (Attorney John W Howard added to party California Educators for Medical Freedom(pty:pla))(Howard, John) |
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