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City of Costa Mesa et al v. United States of America et al Assigned to: Judge Josephine L. Staton Referred to: Magistrate Judge John D. Early Cause: 05:551 Administrative Procedure Act |
Date Filed: 02/21/2020 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| City of Costa Mesa | represented by | Jennifer L Keller Keller Anderle LLP 18300 Von Karman Avenue Suite 930 Irvine, CA 92612 949-476-8700 Fax: 949-476-0900 Email: jkeller@kelleranderle.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Nahal Kazemi Keller Anderle LLP 18300 Von Karman Avenue Suite 930 Irvine, CA 92612 949-476-8700 Fax: 949-476-0900 Email: nkazemi@kelleranderle.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Katrina Foley | represented by | Jennifer L Keller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nahal Kazemi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. |
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| Movant | ||
| Ocean View School District | represented by | Matthew John Fletcher Connor Fletcher and Hendencamp LLP 2211 Michelson Drive Suite 1100 Irvine, CA 92612 949-622-2600 Fax: 949-622-2626 Email: mfletcher@businesslit.com ATTORNEY TO BE NOTICED |
V. |
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| Defendant | ||
| United States of America | represented by | Daniel A Beck AUSA - Office of US Attorney 300 North Los Angeles Street Suite 7516 Los Angeles, CA 90012 213-894-2574 Fax: 213-894-7819 Email: daniel.beck@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| The Department of Health and Human Services | represented by | Daniel A Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Darin L Wessel California Department of Justice Office of the Attorney General 600 W. Broadway, Suite 1800 San Diego, CA 92101 619-738-9125 Fax: 619-645-2581 Email: darin.wessel@doj.ca.gov TERMINATED: 02/23/2020 ATTORNEY TO BE NOTICED |
| Defendant | ||
| The United States Department of Defense | represented by | Daniel A Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| The United States Air Force | represented by | Daniel A Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| The Centers for Disease Control and Prevention | represented by | Daniel A Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| The State of California | represented by | Darin L Wessel (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Fairview Developmental Center (Fairview) |
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| Defendant | ||
| The California Governors Office of Emergency Services | represented by | Darin L Wessel (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| The California Department of General Services | represented by | Darin L Wessel (See above for address) ATTORNEY TO BE NOTICED |
| Amicus | ||
| City of Newport Beach CITY OF NEWPORT BEACH |
represented by | Alison Sara Flowers Aleshire and Wynder LLP 3880 Lemon Street Suite 520 Riverside, CA 92501 951-241-7338 Fax: 951-300-0984 Email: aflowers@awattorneys.com ATTORNEY TO BE NOTICED |
| Amicus | ||
| County of Orange | represented by | County of Orange Orange County Counsel 333 W. Santa Ana Blvd. Ste. 407 Santa Ana, CA 92701 Email: marianne.vanriper@coco.ocgov.com PRO SE |
| Amicus | ||
| Orange County Business Council | represented by | Siena M Caruso Dorsey and Whitney LLP 1031 West 4th Avenue Suite 600 Anchorage, AK 99501-5907 907-257-7818 Fax: 907-276-4152 Email: caruso.siena@dorsey.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/21/2020 | 1 | APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients filed by Plaintiff City of Costa Mesa. (Attachments: # 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, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17) (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). (Entered: 02/21/2020) |
| 02/21/2020 | 2 | NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge John D. Early. (car) (Entered: 02/21/2020) |
| 02/21/2020 | 3 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 02/21/2020) |
| 02/21/2020 | 4 | Amended APPLICATION for Temporary Restraining Order as to Relocation of Coronavirus Patients filed by Plaintiff City of Costa Mesa. (Attachments: # 1 Proposed Order Temporary Restraining Order, # 2 Proposed Order Order to Show Cause re Issuance of Preliminary Injunction, # 3 Declaration of Kim Barlow, # 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, # 5 Exhibit to Declaration of Jason Dempsey) (Keller, Jennifer) (Entered: 02/21/2020) |
| 02/21/2020 | 5 | 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) (Entered: 02/21/2020) |
| 02/21/2020 | 6 | CIVIL COVER SHEET filed by Plaintiff City of Costa Mesa. (Keller, Jennifer) (Entered: 02/21/2020) |
| 02/21/2020 | 7 | NOTICE of Interested Parties filed by Plaintiff City of Costa Mesa, (Keller, Jennifer) (Entered: 02/21/2020) |
| 02/21/2020 | 8 | 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) (Entered: 02/21/2020) |
| 02/21/2020 | 9 | 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) (Entered: 02/21/2020) |
| 02/22/2020 | 10 | 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) (Entered: 02/22/2020) |
| 02/22/2020 | 11 | 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) (Entered: 02/22/2020) |
| 02/22/2020 | 12 | PROOF OF SERVICE filed by Plaintiffs City of Costa Mesa, Katrina Foley, re Statement, 11 served on February 22, 2020. (Keller, Jennifer) (Entered: 02/22/2020) |
| 02/23/2020 | 13 | 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. (Attachments: # 1 Declaration Dr Michael Bell, # 2 Declaration Dr Kevin Yeskey)(Beck, Daniel) (Entered: 02/23/2020) |
| 02/23/2020 | 14 | 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. (Attachments: # 1 Declaration of Dr. Mark Ghaly, # 2 Declaration of Eric Lamoureux, # 3 Declaration of Daniel C. Kim)(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) (Entered: 02/23/2020) |
| 02/23/2020 | 15 | 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) (Entered: 02/23/2020) |
| 02/23/2020 | 16 | 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) (Entered: 02/23/2020) |
| 02/23/2020 | 17 | EX PARTE APPLICATION to File Amicus Brief filed by Amicus Curiae City of Newport Beach. (Flowers, Alison) (Entered: 02/23/2020) |
| 02/23/2020 | 18 | BRIEF filed by Amicus Curiae City of Newport Beach. regarding EX PARTE APPLICATION to File Amicus Brief 17 , MISC - Other Miscellaneous Case 16 . (Attachments: # 1 Declaration Declaration of Mayor O'Neill In Support of Amicus Brief)(Flowers, Alison) (Entered: 02/23/2020) |
| 02/24/2020 | 19 | 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. (Attachments: # 1 Declaration Further Declaration of Nahal Kazemi, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Declaration Further Declaration of Jason Dempsey, # 19 Exhibit, # 20 Declaration Declaration of Bryan Glass, # 21 Declaration Declaration of Diedre Thu-Ha Nguyen, # 22 Declaration Declaration of Lori Ann Farrell Harrison)(Keller, Jennifer) (Entered: 02/24/2020) |
| 02/24/2020 | 20 | Correspondence to the Court filed by Patrick Huggis, Ellen Boles. (jp) (Entered: 02/24/2020) |
| 02/24/2020 | 21 | 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. (Attachments: # 1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE, # 2 Supplement Notice of interested parties) (Attorney Matthew John Fletcher added to party Ocean View School District(pty:mov)) (Fletcher, Matthew) (Entered: 02/24/2020) |
| 02/24/2020 | 22 | 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. (Attachments: # 1 Declaration Fletcher Dec iso OVSD AC Brief) (Fletcher, Matthew) (Entered: 02/24/2020) |
| 02/24/2020 | 23 | INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (tg) (Entered: 02/24/2020) |
| 02/24/2020 | 24 | 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. (Attachments: # 1 Exhibit A to Sanchez Declaration)(Keller, Jennifer) (Entered: 02/24/2020) |
| 02/24/2020 | 25 | 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. (Attachments: # 1 Exhibit A to Quick Declaration)(Keller, Jennifer) (Entered: 02/24/2020) |
| 02/24/2020 | 26 | 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) (Entered: 02/24/2020) |
| 02/24/2020 | 27 | DECLARATION of Aaron C. Harp in Support of EX PARTE APPLICATION to File Amicus Brief 17 filed by Amicus City of Newport Beach. (Attachments: # 1 Proposed Order)(Flowers, Alison) (Entered: 02/24/2020) |
| 02/24/2020 | 28 | Amicus Curiae Brief filed filed by Amicus County of Orange. RE: Order,,, Set/Reset Motion Hearing and R&R Deadlines,, 9 . (Van Riper, Marianne) (Entered: 02/24/2020) |
| 02/24/2020 | 29 | 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) (Entered: 02/24/2020) |
| 02/27/2020 | 30 | EX PARTE APPLICATION to File Amicus Brief filed by Amicus Orange County Business Council. (Attachments: # 1 Proposed Order) (Attorney Siena M Caruso added to party Orange County Business Council(pty:am)) (Caruso, Siena) (Entered: 02/27/2020) |
| 02/27/2020 | 31 | DECLARATION of Siena Caruso re EX PARTE APPLICATION to File Amicus Brief 30 filed by Amicus Orange County Business Council. (Attachments: # 1 Exhibit A)(Caruso, Siena) (Entered: 02/27/2020) |
| 02/27/2020 | 32 | BRIEF filed by Amicus Orange County Business Council. regarding EX PARTE APPLICATION to File Amicus Brief 30 . (Caruso, Siena) (Entered: 02/27/2020) |