Jimmy Castro v. City of Cerritos
| California Central District Court | |
| Judge: | Consuelo B Marshall |
| Referred: | Charles F Eick |
| Case #: | 2:24-cv-09625 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Nov 07, 2024 |
| Last checked: Sunday Dec 22, 2024 3:57 AM PST |
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Counter Claimant
City of Cerritos
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Represented By
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Counter Defendant
Jimmy Castro
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Represented By
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Defendant
City of Cerritos
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Represented By
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Plaintiff
Jimmy Castro
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Represented By
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| Docket last updated: 04/30/2025 11:59 PM PDT |
| Friday, January 31, 2025 | ||
| 28 | 28
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines/Hearings ~Util - Terminate Deadlines and Hearings
Fri 01/31 11:45 AM
MINUTE ORDER IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall. The Court has reviewed the Joint Rule 26(f) Report. The Scheduling Conference set for hearing on February 4, 2025 is VACATED and the following schedule is set. Fact discovery completion date: July 1, 2025; Initial Expert disclosure date: August 1, 2025; Rebuttal expert disclosure date: September 1, 2025; Expert discovery completion date: September 15, 2025; Motions to be set for hearing on or before: November 25, 2025 at 10:00 a.m.; Pre Trial Conference is set on: January 6, 2026 at 2:30 p.m.; Jury Trial is set on: February 10, 2026 at 10:00 a.m.(est. 4 days); Settlement conference to be held on or before: September 30, 2025; ADR-1 Form to be filed on or before: February 7, 2025. (lom) |
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| Tuesday, January 28, 2025 | ||
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order
Preliminary Injunction
Tue 01/28 5:01 PM
PRELIMINARY INJUNCTION by Judge Consuelo B. Marshall: IT IS ORDERED that, consistent with the Courts Order re Plaintiffs Motion for Preliminary Injunction, the City of Cerritos is enjoined, pending further order of the Court, from enforcing Cerritos Municipal Code Chapter 22.46 (the Ordinance) insofar as it requires Plaintiff to locate his tattoo shop more than 500 feet away from a retail establishment selling alcoholic beverages for off-site consumption, and insofar as it requires Plaintiff to satisfy the criteria stated in Cerritos Municipal Code section 23.10.210(2), (4), and (5) to obtain a conditional use permit for his tattoo shop. It is further ORDERED that the bond requirement of Fed. R. Civ. P. 65(c) is waived. (shb) |
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| 26 | 26
order
Preliminary Injunction
Tue 01/28 4:52 PM
ORDER RE: PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Judge Consuelo B. Marshall: Accordingly, the Court GRANTS the Motion for Preliminary Injunction. IT IS SO ORDERED. (shb) |
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| 25 | 25
misc
Joint Report Rule 26(f) Discovery Plan
Tue 01/28 4:21 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Jimmy Castro.. (Moest, Robert) |
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| Friday, December 20, 2024 | ||
| 24 | 24
minutes
Motion Hearing Preliminary Injunction
Mon 12/23 2:43 PM
MINUTES OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION13 held before Judge Consuelo B. Marshall: The hearing is held. The hearing is held. Following discussions with counsel, the court takes the motion under submission. A written order will issue. Court Reporter: Laura Elias. (shb) |
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| Thursday, December 19, 2024 | ||
| 23 | 23
respm
Objection/Opposition (Motion related)
Thu 12/19 12:38 PM
Objection support re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining City of Cerritos Zoning Code Provisions that Are Overly Restrictive of Tattoo Businesses 13 (Evidentiary Objections to Doc. Nos. 21 and 22) filed by Plaintiff Jimmy Castro. (Moest, Robert) |
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| Tuesday, December 17, 2024 | ||
| 22 | 22
respm
Declaration (Motion related)
Tue 12/17 6:01 PM
DECLARATION of SAMANTHA LAMM In Opposition To NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining City of Cerritos Zoning Code Provisions that Are Overly Restrictive of Tattoo Businesses 13 filed by Defendant City of Cerritos.(Ihrke, William) |
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Att: 1
Exhibit P
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| Monday, December 16, 2024 | ||
| 21 | 21
respm
Declaration (Motion related)
Mon 12/16 6:05 PM
DECLARATION of KRISTIN AGUILA In Opposition To NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining City of Cerritos Zoning Code Provisions that Are Overly Restrictive of Tattoo Businesses 13 Supplemental Declaration In Support of City of Cerritos Opposition filed by Defendant City of Cerritos.(Attorney William Heath Ihrke added to party City of Cerritos(pty:dft))(Ihrke, William) |
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Att: 1
Exhibit O
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| Friday, December 13, 2024 | ||
| 20 | 20
textonly
Text Only Scheduling Notice
Fri 12/13 9:16 AM
(IN CHAMBERS) ORDER VACATING DOCKET ENTRY 19 TAKING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION UNDER SUBMISSION AND CONTINUING THE MOTION TO DECEMBER 20, 2024 by Judge Consuelo B. Marshall. The Court on its own motion, continues the motion from December 17, 2024 to December 20, 2024 at 10:30 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) |
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| 19 | 19
textonly
Generic Text Only Entry
Fri 12/13 8:57 AM
(IN CHAMBERS) ORDER TAKING MOTION UNDER SUBMISSION by Judge Consuelo B. Marshall. The Court finds that the Plaintiffs Motion for Preliminary Injunction13 currently scheduled for hearing on 12/17/2024, is appropriate for decision without oral argument. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary on 12/17/2024. A written order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) |
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| Tuesday, December 03, 2024 | ||
| 18 | 18
respm
Reply (Motion related)
Tue 12/03 11:38 PM
REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining City of Cerritos Zoning Code Provisions that Are Overly Restrictive of Tattoo Businesses 13 filed by Plaintiff Jimmy Castro.(Moest, Robert) |
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Att: 1
Declaration of Robert C. Moest in Support of Motion for Preliminary Injunction,
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Att: 2
Declaration of Jimmy Castro in Support of Motion for Preliminary Injunction,
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Att: 3
Declaration of Catherine Montie-Wolenchuk
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| Wednesday, November 27, 2024 | ||
| 17 | 17
order
Minutes of In Chambers Order/Directive - form only -no proceeding held
Wed 11/27 2:43 PM
MINUTE ORDER IN CHAMBERS SCHEDULING CONFERENCE by Judge Consuelo B. Marshall. Scheduling Conference set for 2/4/2025 at 10:00 AM before Judge Consuelo B. Marshall. (ys) |
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| Tuesday, November 26, 2024 | ||
| 16 | 16
respm
Objection/Opposition (Motion related)
Tue 11/26 8:15 PM
OPPOSITION Opposition to re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining City of Cerritos Zoning Code Provisions that Are Overly Restrictive of Tattoo Businesses 13 filed by Defendant City of Cerritos, Counter Claimant City of Cerritos.(Lamm, Samantha) |
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Att: 1
Declaration of Sandy Cisneros,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I,
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Att: 11
Exhibit J,
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Att: 12
Declaration of Kristin Aguila,
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Att: 13
Exhibit K,
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Att: 14
Exhibit L,
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Att: 15
Exhibit M,
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Att: 16
Exhibit N
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| 15 | 15
answer
Answer to Complaint (Attorney Civil Case Opening) Counterclaim
Tue 11/26 7:01 PM
ANSWER to Complaint (Attorney Civil Case Opening)1 , COUNTERCLAIM against Jimmy Castro filed by Defendant City of Cerritos.(Attorney Samantha N Lamm added to party City of Cerritos(pty:dft))(Lamm, Samantha) |
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| Thursday, November 14, 2024 | ||
| 14 | 14
21
pgs
respm
Memorandum in Support of Motion
Thu 11/14 8:11 PM
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining City of Cerritos Zoning Code Provisions that Are Overly Restrictive of Tattoo Businesses 13 (Corrected) filed by Plaintiff Jimmy Castro. (Moest, Robert) |
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| 13 | 13
motion
Preliminary Injunction
Thu 11/14 7:09 PM
NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining City of Cerritos Zoning Code Provisions that Are Overly Restrictive of Tattoo Businesses filed by plaintiff Jimmy Castro. Motion set for hearing on 12/17/2024 at 10:00 AM before Judge Consuelo B. Marshall. (Moest, Robert) |
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Att: 1
Memorandum of Law in Support of Motion for Preliminary Injunction,
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Att: 2
Declaration of Robert C. Moest in Support of Motion for Preliminary Injunction,
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Att: 3
Declaration of Jimmy Castro in Support of Motion for Preliminary Injunction,
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Att: 4
Declaration of Katherine Moest in Support of Motion For Preliminary Injunction,
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Att: 5
Proposed Order
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| Tuesday, November 12, 2024 | ||
| 12 | 12
order
Initial Order upon Filing of Complaint - form only
Tue 11/12 10:29 AM
STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. See order for details. (ys) |
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| Friday, November 08, 2024 | ||
| 11 | 11
order
Temporary Restraining Order
Fri 11/08 4:15 PM
MINUTES IN CHAMBERS- ORDER RE: EXP ARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND/OR ORDER TO SHOW CAUSE (4) by Judge Consuelo B. Marshall: Plaintiffs ex paite application (Dkt. No.4 ) is DENIED without prejudice to Plaintiff filing a noticed motion for a prelimina1y injunction. See Order for further information. (jp) |
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| Thursday, November 07, 2024 | ||
| 10 | 10
notice
Certificate/Notice of Interested Parties
Thu 11/07 4:54 PM
CERTIFICATE of Interested Parties filed by plaintiff Jimmy Castro, (Moest, Robert) |
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| 9 | 9
service
Proof of Service (subsequent documents)
Thu 11/07 3:26 PM
DECLARATION OF SERVICE filed by plaintiff Jimmy Castro, re EX PARTE APPLICATION for Temporary Restraining Order as to enjoining enforcement of Cerritos Municipal Code provisions regarding Tattoo Businesses 4 , Notice of Assignment to United States Judges(CV-18) - optional html form5 served on November 7, 2024. (Moest, Robert) |
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| 8 | 8
notice
Deficiency in Attorney Case Opening
Thu 11/07 11:36 AM
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening)1 . The following error(s) was found: 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. (car) |
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| 7 | 7
service
Summons Issued (Attorney Civil Case Opening)
Thu 11/07 11:33 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant City of Cerritos. (car) |
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| 6 | 6
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Thu 11/07 11:32 AM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
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| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Thu 11/07 11:31 AM
NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Charles F. Eick. (car) |
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| 4 | 4
motion
Temporary Restraining Order
Thu 11/07 11:14 AM
EX PARTE APPLICATION for Temporary Restraining Order as to enjoining enforcement of Cerritos Municipal Code provisions regarding Tattoo Businesses filed by plaintiff Jimmy Castro. (Moest, Robert) |
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Att: 1
Memorandum of Law in Support of Application for TRO & OSC,
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Att: 2
Declaration of Jimmy Castro in Support of Application for TRO and OSC,
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Att: 3
Declaration of Robert C. Moest in Support of Application for TRO and OSC,
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Att: 4
Declaration of Katherine Moest in Support of Application for TRO and OSC,
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Att: 5
Proposed Order
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| 3 | 3
notice
Summons Request
Thu 11/07 11:05 AM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by plaintiff Jimmy Castro. (Moest, Robert) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Thu 11/07 11:03 AM
CIVIL COVER SHEET filed by Plaintiff Jimmy Castro. (Moest, Robert) |
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| 1 | 1
10
pgs
cmp
Complaint (Attorney Civil Case Opening)
Thu 11/07 11:02 AM
COMPLAINT Receipt No: ACACDC-38542719 - Fee: $405, filed by plaintiff Jimmy Castro. (Attorney Robert C. Moest added to party Jimmy Castro(pty:pla))(Moest, Robert) |
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