| Court: | cand |
| Docket #: | 4:13-cv-05807 |
| Case Name: | Fyock et al v. The City of Sunnyvale et al |
| PACER case #: | 272856 |
| Date filed: | 2013-12-16 |
| Date terminated: | 2016-11-30 |
| Date of last filing: | 2016-11-30 |
| Assigned to: | Hon. Phyllis J. Hamilton |
| Referred to: | Magistrate Judge Nathanael M. Cousins |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 950 Constitutional - State Statute |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Leonard Fyock Plaintiff |
Anna Marie Barvir Carl Dawson Michel Clinton Barnwell Monfort Sean Anthony Brady |
| Scott Hochstetler Plaintiff |
Anna Marie Barvir Carl Dawson Michel Clinton Barnwell Monfort Sean Anthony Brady |
| William Douglas Plaintiff |
Anna Marie Barvir Carl Dawson Michel Clinton Barnwell Monfort Sean Anthony Brady |
| David Pearson Plaintiff |
Anna Marie Barvir Carl Dawson Michel Clinton Barnwell Monfort Sean Anthony Brady |
| Brad Seifers Plaintiff |
Anna Marie Barvir Carl Dawson Michel Clinton Barnwell Monfort Sean Anthony Brady |
| Rod Swanson Plaintiff |
Anna Marie Barvir Carl Dawson Michel Clinton Barnwell Monfort Sean Anthony Brady |
| The City of Sunnyvale Defendant |
Roderick Manley Thompson Anthony Paul Schoenberg Evan Michael Engstrom James H Baker Rochelle Woods Rochelle L. Woods |
| The Mayor of Sunnyvale Defendant |
Roderick Manley Thompson Anthony Paul Schoenberg Evan Michael Engstrom James H Baker Rochelle Woods Rochelle L. Woods |
| Anthony Spitaleri Defendant in his official capacity |
Roderick Manley Thompson Anthony Paul Schoenberg Evan Michael Engstrom James H Baker Rochelle Woods Rochelle L. Woods |
| The Chief of the Sunnyvale Department of Public Safety Defendant |
Roderick Manley Thompson Anthony Paul Schoenberg Evan Michael Engstrom James H Baker Rochelle Woods Rochelle L. Woods |
| Frank Grgurina Defendant in his official capacity |
Roderick Manley Thompson Anthony Paul Schoenberg Evan Michael Engstrom James H Baker Rochelle Woods Rochelle L. Woods |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-12-16 | 1 | 0 | Complaint | COMPLAINT against Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale (Filing fee $ 400.). Filed byScott Hochstetler, William Douglas, Brad Seifers, Rod Swanson, Leonard Fyock, David Pearson. (cv, COURT STAFF) (Filed on 12/16/2013) (Additional attachment(s) added on 3/19/2014: # 1 Exhibit A, # 2 Civil Cover Sheet) (cv, COURT STAFF). (Entered: 12/16/2013) | ||
| 2013-12-16 | 2 | 0 | Certificate of Interested Entities | Certificate of Interested Entities by Scott Hochstetler (cv, COURT STAFF) (Filed on 12/16/2013) (cv, COURT STAFF). (Entered: 12/16/2013) | ||
| 2013-12-16 | 3 | 0 | Summons Issued | Summons Issued as to All Defendants. (cv, COURT STAFF) (Filed on 12/16/2013) (cv, COURT STAFF). (Entered: 12/16/2013) | ||
| 2013-12-16 | 4 | 0 | Initial Case Management Scheduling Order with ADR Deadlines | ADR SCHEDULING ORDER: Case Management Statement due by 4/1/2014. Case Management Conference set for 4/8/2014 10:00 AM in Courtroom 5, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 12/16/2013) (Entered: 12/16/2013) | ||
| 2013-12-17 | 5 | 0 | Consent/Declination to Proceed Before a US Magistrate Judge | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Leonard Fyock.. (cv, COURT STAFF) (Filed on 12/17/2013) (Entered: 12/17/2013) | ||
| 2013-12-17 | 6 | 0 | Clerk's Notice of Impending Reassignment | CLERK'S NOTICE of Impending Reassignment to U.S. District Judge: All matters presently set before Magistrate Judge Paul S. Grewal are hereby vacated. Clerk to reassign case. (ofr, COURT STAFF) (Filed on 12/17/2013) (Entered: 12/17/2013) | ||
| 2013-12-18 | 7 | 0 | Order Reassigning Case | ORDER REASSIGNING CASE. Case reassigned to Judge Ronald M. Whyte for all further proceedings and Magistrate Judge Paul Singh Grewal for all discovery matters. Signed by The Executive Committee on 12/18/2013. (gmS, ) (Filed on 12/18/2013) (Entered: 12/18/2013) | ||
| 2013-12-23 | 8 | 0 | Stipulation | STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Attachments: # 1 Declaration of Anthony Schoenberg in support of stipulation)(Schoenberg, Anthony) (Filed on 12/23/2013) Text modified on 12/30/2013; incorrect event type used when posting Declaration (bwS, COURT STAFF).t (Entered: 12/23/2013) | ||
| 2013-12-23 | 9 | 0 | MOTION to Relate Case | ADMINISTRATIVE MOTION AND [PROPOSED] ORDER TO CONSIDER WHETHER CASES SHOULD BE RELATED re 13-53351WHA filed by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Schoenberg, Anthony) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 15:36:11 | 33dd15cfe97ae455a5f8ad9116c803b41c18a75a |
| 2013-12-23 | 10 | 0 | Motion for Preliminary Injunction | NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. Motion Hearing set for 2/7/2014 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Responses due by 1/12/2014. Replies due by 1/24/2014. (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 13:49:15 | 260640f9392edc07544c8f87aad517b19b54bd13 |
| 2013-12-23 | 11 | 0 | Declaration in Support | DECLARATION OF MASSAD AYOOB IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION re 10 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 13:48:01 | 18c75192e316bbbcedbc48e4828408fc79bfd15a |
| 2013-12-23 | 12 | 0 | Declaration in Support | DECLARATION OF STEPHEN HELSLEY IN SUPPORT OF M OTION FOR \ PRELIMINARY INJUNCTION re 10 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 14:02:20 | 577c3cc76179fa87f25deb224c8daa1b001822d5 |
| 2013-12-23 | 13 | 0 | Declaration in Support | DECLARATION OF JAMES CURCURUTO IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION re 10 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 14:55:13 | cb755fbdab2cafb17df316be5b5aebdae13ae9b0 |
| 2013-12-23 | 14 | 0 | Declaration in Support | DECLARATION OF LEONARD FYOCK IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION re 10 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 14:57:16 | 96abdc613c39660f29cfffee9a0eb0f9c23a2e0f |
| 2013-12-23 | 15 | 0 | Declaration in Support | DECLARATION OF ROD SWANSON IN SUPPORT OF MOTION FOR PRELII\1INARY INJUNCTION re 10 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 14:58:18 | 959100e8c65ca3c17c3cd5eb4127cd5cf83dbe11 |
| 2013-12-23 | 16 | 0 | Declaration in Support | DECLARATION OF ROD SWANSON IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION re 10 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 14:59:24 | f5109ffd71fb548624ed7a8f7e7ee4249a2d910d |
| 2013-12-23 | 17 | 0 | Declaration in Support | DECLARATION OF WILLIAM DOUGLAS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION re 10 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 15:00:22 | 526933a1a8f43a57ea6d563b1e2918f909cf2bdc |
| 2013-12-23 | 18 | 0 | Declaration in Support | DECLARATION OF BRAD SEIFERS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION re 10 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 14:59:11 | c48492407b648964fdfa9b187d8c5518f449a5b1 |
| 2013-12-23 | 19 | 0 | Declaration in Support | DECLARATION OF GARY KLECK IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION re 10 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 15:01:29 | c7631a10d6240d8c9ec6d2b2ae9b5f517ac3cb25 |
| 2013-12-23 | 20 | 0 | Declaration in Support | DECLARATION OF CLINTON B. MONFORT IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION re 10 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Attachments: # 1 Exhibit B Part 1 of 2, # 2 Exhibit B Part 2 of 2, # 3 Exhibit C Part 1 of 2, # 4 Exhibit C Part 2 of 2, # 5 Exhibit D) (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 15:14:11 | 434dd0f830a88dde805f83b56e3f71b1719d9fc2 |
| 2013-12-23 | 21 | 0 | Proposed Order | (Proposed) Order Granting MOTION FOR PRELIMINARY INJUNCTION re 10 by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 12/23/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/23/2013) | 2014-01-20 15:23:09 | 2e69f121349014e6db1ae401965973ea44b80279 |
| 2013-12-26 | 22 | 0 | Notice of Appearance | NOTICE of Appearance of Roderick Manley Thompson by defendants (Thompson, Roderick) (Filed on 12/26/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/26/2013) | ||
| 2013-12-27 | 23 | 0 | Opposition/Response to Motion | OPPOSITION TO DEFENDANTS ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED; DECLARATION OF ANNA M. BARVIR IN SUPPORT re 9 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 12/27/2013) Modified on 12/30/2013 (bwS, COURT STAFF). (Entered: 12/27/2013) | 2014-01-20 15:24:12 | 69487df37bf6e02043e59144a8bf3ac0f54d5674 |
| 2014-01-03 | 24 | 0 | Notice of Appearance | NOTICE of Appearance of James H Baker by defendants (Baker, James) (Filed on 1/3/2014) Modified on 1/6/2014 (bw, COURT STAFF). (Entered: 01/03/2014) | ||
| 2014-01-03 | 25 | 0 | Motion for Extension of Time to File | Administrative Motion to Enlarge Time for Hearing and Briefing Plaintiffs' Motion for Preliminary Injunction and for Expedited Discovery filed by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Attachments: # 1 (Proposed) Order)(Schoenberg, Anthony) (Filed on 1/3/2014) Modified on 1/6/2014 (bw, COURT STAFF). (Entered: 01/03/2014) | 2014-01-20 15:25:09 | 2e05cd0fbcefa4c10c76d8f4fe81aca6c558d1e6 |
| 25 | 1 | Proposed Order | ||||
| 2014-01-03 | 26 | 0 | Declaration in Support | Declaration of Anthony Schoenberg in Support of Administrative Motion to Enlarge Time for Hearing and Briefing Plaintiffs' Motion for Preliminary Injunction and for Expedited Discovery re 25 \ filed by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Schoenberg, Anthony) (Filed on 1/3/2014) Modified on 1/6/2014 (bw, COURT STAFF). (Entered: 01/03/2014) | 2014-01-20 15:26:32 | aa036262967cc738bded586abe5e628cb9a94d4b |
| 26 | 1 | Exhibit A | 2014-01-20 15:28:08 | a0e695ba7506228c4fd7dae94cefa5f95ac8ad3e | ||
| 26 | 2 | Exhibit B | 2014-01-20 15:29:05 | c5497459517659c515b4ce962abefbbb0998cfba | ||
| 26 | 3 | Exhibit C | 2014-01-20 15:34:10 | d272a833d542cd09b74b1cacb0ef4b0c78a669a0 | ||
| 2014-01-07 | 27 | 0 | Order on Motion to Relate Case | ORDER by Judge Ronald M. Whyte denying 9 Motion to Relate Case. (rmwlc1, COURT STAFF) (Filed on 1/7/2014) (Entered: 01/07/2014) | 2014-01-20 15:35:08 | 365c40b8090567cf47e5f0e75566028d403f86e7 |
| 2014-01-07 | 28 | 0 | Opposition/Response to Motion | OPPOSITION TO DEFENDANTS MOTION TO ENLARGE TIME FOR HEARING AND BRIEFING PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND FOR EXPEDITED DISCOVERY; DECLARATION OF CLINTON B. MONFORT IN SUPPORT; and DECLARATION OF ANNA M. BARVIR (re 25 filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Michel, Carl) (Filed on 1/7/2014) Modified on 1/8/2014 (bw, COURT STAFF). (Entered: 01/07/2014) | 2014-01-20 15:37:29 | aa42654131752186fef89ae7327e4885e5522ac5 |
| 28 | 1 | Exhibit A | 2014-01-20 15:42:32 | 47e61cfaac6eb9e764fa312712dc90cbb1918431 | ||
| 28 | 2 | Exhibit B | 2014-01-20 15:44:31 | bda88478e8d6a41893f6ff6e66f34870a315f399 | ||
| 28 | 3 | Exhibit C | 2014-01-20 15:43:22 | e9cdac14d274c183ef092340115fd08776942025 | ||
| 28 | 4 | Exhibit D | 2014-01-20 15:45:34 | f3b26b4b77c4fbe4c96008c91d0f41cf6f348f6f | ||
| 28 | 5 | Exhibit E | 2014-01-20 15:46:12 | 4a87ee3216b026342e669fc3662eea63de32fca8 | ||
| 2014-01-08 | 29 | 0 | Notice of Appearance | NOTICE of Appearance of Evan Michael Engstrom by defendants (Engstrom, Evan) (Filed on 1/8/2014) Modified on 1/9/2014 (bwS, COURT STAFF). (Entered: 01/08/2014) | ||
| 2014-01-09 | 30 | 0 | Order on Motion for Extension of Time to File | ORDER by Judge Ronald M. Whyte GRANTING with Modifications 25 Motion to Enlarge Time for Hearing and Briefing Preliminary Injunction and DENYING Defendants' Motion for Expedited Discovery; GRANTING subject to revisions on motion for time 8 Stipulation. (rmwlc1, COURT STAFF) (Filed on 1/9/2014) (Entered: 01/09/2014) | 2014-01-20 15:47:25 | 291a87c1861ee780555888468a39b07389bb279c |
| 2014-01-13 | 31 | 0 | Motion to Expedite | MOTION to Expedite Plaintiffs' Administrative Motion for An Expedited Ruling on Plaintiffs' Motion for Preliminary Injunction; Declaration of Clinton B. Monfort In Support filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 (Proposed) Order )(Michel, Carl) (Filed on 1/13/2014) Modified on 1/14/2014 (bwS, COURT STAFF). (Entered: 01/13/2014) | 2014-01-20 15:50:06 | 3e478ef49f57cf43bb47af112e22177e92151eeb |
| 31 | 1 | Exhibit A | 2014-01-20 15:50:35 | 76b16eb8546823c734a8d87dcfdcbfe58a9f74df | ||
| 31 | 2 | Exhibit B | 2014-01-20 15:52:10 | 54466c5f63b3c0c19d46e49dab0229e48b35b3dc | ||
| 31 | 3 | ( Proposed) Order | 2014-01-20 15:51:09 | 0bcfe03083c7d3551f436b702c0e4af9ab7a05da | ||
| 2014-01-16 | 32 | 0 | Errata | Notice of Errata Re: Plaintiffs' Motion for Preliminary Injunction; Exhibit "A" by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Attachments: # 1 Exhibit A) (Michel, Carl) (Filed on 1/16/2014) Modified on 1/16/2014 (bwS, COURT STAFF). (Entered: 01/16/2014) | 2014-01-20 15:51:29 | 7a64996aa1b9dc3a12e3a8d7149be08dfd2949ed |
| 32 | 1 | Exhibit A | 2014-01-20 15:53:19 | 6d21d5756579b233ca862a6155bd9935dbbbfcc7 | ||
| 2014-01-16 | 33 | 0 | Notice of Appearance | NOTICE of Appearance of Rochelle Woods by defendants (Woods, Rochelle) (Filed on 1/16/2014) Modified on 1/16/2014 (bwS, COURT STAFF). (Entered: 01/16/2014) | ||
| 2014-01-16 | 34 | 0 | Answer to Complaint | ANSWER to Complaint for Declaratory and Injunctive Relief by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Schoenberg, Anthony) (Filed on 1/16/2014) Modified on 1/16/2014 (bwS, COURT STAFF). (Entered: 01/16/2014) | 2014-01-20 15:54:34 | a4871b4c70f94860d428f42a0a0280c89980e013 |
| 2014-01-29 | 35 | 0 | Opposition/Response to Motion | Sunnyvale's Opposition to Plaintiff's Motion for Preliminary Injunction re 10 filed by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Thompson, Roderick) (Filed on 1/29/2014) Modified on 1/30/2014 (bwS, COURT STAFF). (Entered: 01/29/2014) | 2014-03-05 19:18:20 | e752c70969762563eaf1e44009fe5e3bc9b498a4 |
| 2014-01-29 | 36 | 0 | Declaration in Support | Declaration of Lucy P. Allen in Support of Sunnyvale's Opposition to Plaintiff's Motion for Preliminary Injunction re 35 filed by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Related document(s) 35 ) (Thompson, Roderick) (Filed on 1/29/2014) Modified on 1/30/2014 (bwS, COURT STAFF). (Entered: 01/29/2014) | 2014-03-13 12:54:15 | 67fd90110636c772fde22696fc110925243ce589 |
| 2014-01-29 | 37 | 0 | Declaration in Support | Declaration of John J. Donohue III in Support of Sunnyvale's Opposition to Plaintiff's Motion for Preliminary Injunction re 35 filed by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Thompson, Roderick) (Filed on 1/29/2014) Modified on 1/30/2014 (bwS, COURT STAFF). (Entered: 01/29/2014) | ||
| 2014-01-29 | 38 | 0 | Declaration in Support | Declaration of Frank Grgurina in Support of Sunnyvale's Opposition to Plaintiff's Motion for Preliminary Injunction re 35 filed by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Thompson, Roderick) (Filed on 1/29/2014) Modified on 1/30/2014 (bwS, COURT STAFF). (Entered: 01/29/2014) | ||
| 2014-01-29 | 39 | 0 | Declaration in Support | Declaration of Christopher S. Koper in Support of Sunnyvale's Opposition to Plaintiff's Motion for Preliminary Injunction re 35 filed byF rank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Thompson, Roderick) (Filed on 1/29/2014) Modified on 1/30/2014 (bwS, COURT STAFF). (Entered: 01/29/2014) | ||
| 2014-01-29 | 40 | 0 | Declaration in Support | Declaration of Anthony Spitaleri in Support of Sunnyvle's Opposition to Plaintiff's Motion for Preliminary Injunction re 35 filed by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Thompson, Roderick) (Filed on 1/29/2014) Modified on 1/30/2014 (bwS, COURT STAFF). (Entered: 01/29/2014) | ||
| 2014-01-29 | 41 | 0 | Declaration in Support | Declaration of James E. Yurgealitis in Support of Sunnyvale's Opposition to Plaintiff's Motion for Preliminary Injunction re 35 filed by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Thompson, Roderick) (Filed on 1/29/2014) Modified on 1/30/2014 (bwS, COURT STAFF). (Entered: 01/29/2014) | ||
| 2014-01-29 | 42 | 0 | Declaration in Support | Declaration of Roderick M. Thompson in Support of Sunnyvale's Opposition to Plaintiff's Motion for Preliminary Injunction re 35 filed by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10 (part 1), # 11 Exhibit 10 (part 2), # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28) (Thompson, Roderick) (Filed on 1/29/2014) Modified on 1/30/2014 (bwS, COURT STAFF). (Entered: 01/29/2014) | ||
| 2014-01-29 | 43 | 0 | Proposed Order | (Proposed) Order Denying Plaintiff's Motion for Preliminary Injunction re 35 by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Thompson, Roderick) (Filed on 1/29/2014) Modified on 1/30/2014 (bwS, COURT STAFF). (Entered: 01/29/2014) | ||
| 2014-02-03 | 44 | 0 | Statement of Recent Decision | STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Relevant to Plaintiffs' Motion for Preliminary Injunction filed byFrank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Related document(s) 35 ) (Schoenberg, Anthony) (Filed on 2/3/2014) (Entered: 02/03/2014) | ||
| 2014-02-10 | 45 | 0 | Reply to Opposition/Response | REPLY (re 10 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities In Support ) filed byWilliam Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Attachments: # 1 Supplement Objections to Evidence of Defendants The City of Sunnyvale et al., # 2 Declaration Supplemental Declaration of Gary Kleck In Support of Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction, # 3 Declaration Supplemental Declaration of Clinton Monfort In Support of Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction, # 4 Exhibit Exhibit G, # 5 Exhibit Exhibit H, # 6 Exhibit Exhibit I, # 7 Exhibit Exhibit J, # 8 Exhibit Exhibit K, # 9 Exhibit Exhibit L, # 10 Exhibit Exhibit M, # 11 Exhibit Exhibit N, # 12 Exhibit Exhibit O)(Michel, Carl) (Filed on 2/10/2014) (Entered: 02/10/2014) | ||
| 2014-02-10 | 46 | 0 | Declaration in Support | Declaration of Massad Ayoob in Support of 45 Reply to Opposition/Response,,, filed byWilliam Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Attachments: # 1 Exhibit Exhibit E)(Related document(s) 45 ) (Michel, Carl) (Filed on 2/10/2014) (Entered: 02/10/2014) | 2014-03-05 19:16:00 | a6afbf5e2d2b23a75c7fe53341c52ad6edd6ea4b |
| 46 | 1 | Exhibit Exhibit E | 2014-03-25 13:11:22 | fff4b06fbd59300efcdbd39790d2531eab92cdc0 | ||
| 2014-02-18 | 47 | 0 | Statement | Plaintiffs' Statement of Recent Decision by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 2/18/2014) (Entered: 02/18/2014) | 2014-03-05 19:15:31 | b8a6d5db08c095254bb8eb8bd885e9d650e4a00e |
| 2014-02-18 | 48 | 0 | Objection | OBJECTIONS to ( 45 ) Reply Evidence and Motion to Strike Plaintiffs' Improper Objections to Evidence by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Thompson, Roderick) (Filed on 2/18/2014) Modified text to add linkage on 2/19/2014 (srm, COURT STAFF). (Entered: 02/18/2014) | 2014-03-05 19:14:48 | f7591ee2ef6c16c22c27c0c4818df9e35a6eaae2 |
| 2014-02-19 | 49 | 0 | Statement of Recent Decision | STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Relevant to Plaintiffs' Motion for Preliminary Injunction filed byFrank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Attachments: # 1 Exhibit A)(Related document(s) 35 ) (Thompson, Roderick) (Filed on 2/19/2014) (Entered: 02/19/2014) | 2014-03-05 19:13:35 | 719c51100c0a153866d73f391453b816d1eb438d |
| 49 | 1 | Exhibit A | 2014-03-05 19:14:21 | 6095487e09c8b67658035222de109b9a79e547a1 | ||
| 2014-02-19 | 50 | 0 | Notice (Other) | Plaintiffs' Opposition to ( 48 ) Defendants' Motion to Strike Plaintiffs' Improper Objections to Evidence filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson (Michel, Carl) (Filed on 2/19/2014) Modified on 2/20/2014 (srm, COURT STAFF). (Entered: 02/19/2014) | 2014-03-05 19:13:03 | d8e4bf7eb4b64de027a5ad3307ec1f9bd69206a9 |
| 2014-02-21 | 51 | 0 | Motion Hearing | Minute Entry: Motion Hearing held on 2/21/2014 before Ronald M. Whyte (Date Filed: 2/21/2014) re 10 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities In Support filed by Rod Swanson, Scott Hochstetler, Leonard Fyock, Brad Seifers, David Pearson, William Douglas. (Court Reporter Summer Fisher.) (jgS, COURT STAFF) (Date Filed: 2/21/2014) (Entered: 02/21/2014) | ||
| 2014-02-24 | 52 | 0 | Clerks Notice | CLERKS NOTICE OF SETTING CASE MANAGEMENT CONFERENCE: Joint Case Management Statement due by 3/21/2014. Case Management Conference set for 3/28/2014 10:30 AM in Courtroom 6, 4th Floor, San Jose. ***This is a text only docket entry, there is no document associated with this notice.***(jgS, COURT STAFF) (Filed on 2/24/2014) (Entered: 02/24/2014) | ||
| 2014-02-21 | 53 | 0 | Motion Hearing | Minute Entry: Motion Hearing held on 2/21/2014 before Ronald M. Whyte (Date Filed: 2/21/2014) re 10 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities In Support filed by Rod Swanson, Scott Hochstetler, Leonard Fyock, Brad Seifers, David Pearson, William Douglas. (Court Reporter Summer Fisher.) (jgS, COURT STAFF) (Date Filed: 2/21/2014) (Entered: 02/24/2014) | ||
| 2014-03-03 | 54 | 0 | Transcript Order | TRANSCRIPT ORDER by Frank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale for Court Reporter Summer Fisher. (Woods, Rochelle) (Filed on 3/3/2014) (Entered: 03/03/2014) | ||
| 2014-03-05 | 55 | 0 | Transcript Order - CJA | ***FILED IN ERROR - DISREGARD***TRANSCRIPT ORDER - CJA for Court Reporter Summer Fisher. (Michel, Carl) (Filed on 3/5/2014) Modified on 3/6/2014 (sp, COURT STAFF). (Entered: 03/05/2014) | ||
| 2014-03-05 | 56 | 0 | Order on Motion to Expedite | ORDER by Judge Ronald M. Whyte denying 10 Motion for Preliminary Injunction; finding as moot 31 Motion to Expedite. (rmwlc1, COURT STAFF) (Filed on 3/5/2014) (Entered: 03/05/2014) | 2015-03-04 16:06:51 | 07fe480a19bc2865dfe66f388047e0f0cb309866 |
| 2014-03-05 | 57 | 0 | Notice of Appeal | NOTICE OF APPEAL to the 9th CCA William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson.(Appeal fee of $505 receipt number 0971-8426007 paid.) (Michel, Carl) (Filed on 3/5/2014) (Entered: 03/05/2014) | 2014-03-12 05:08:02 | 47e58245a553bc663267e215a30d8c9b4d68f3a2 |
| 2014-03-06 | 58 | 0 | Transcript Order | TRANSCRIPT ORDER by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson for Court Reporter Summer Fisher. (Michel, Carl) (Filed on 3/6/2014) (Entered: 03/06/2014) | ||
| 2014-03-05 | 59 | 0 | USCA Scheduling Order | USCA Scheduling Order as to 57 Notice of Appeal filed by Rod Swanson, Scott Hochstetler, Leonard Fyock, Brad Seifers, David Pearson, William Douglas. (srm, COURT STAFF) (Filed on 3/5/2014) (Entered: 03/06/2014) | ||
| 2014-03-07 | 60 | 0 | ORDER of USCA as to 57 Notice of Appeal filed by Rod Swanson, Scott Hochstetler, Leonard Fyock, Brad Seifers, David Pearson, William Douglas. Appellants emergency motion for an injunction pending appeal is denied. (srm, COURT STAFF) (Filed on 3/7/2014) (Entered: 03/07/2014) | |||
| 2014-03-07 | 61 | 0 | Transcript of Proceedings held on 02/21/14, before Judge Ronald M. Whyte. Court Reporter/Transcriber Summer Fisher, Telephone number 408-288-6150 summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 6/5/2014. (Related documents(s) 58 ) (Fisher, Summer) (Filed on 3/7/2014) (Entered: 03/07/2014) | |||
| 2014-03-21 | 62 | 0 | JOINT CASE MANAGEMENT STATEMENT filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 3/21/2014) (Entered: 03/21/2014) | |||
| 2014-03-21 | 63 | 0 | Stipulation of Parties to Stay Proceedings and Proposed Order filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Michel, Carl) (Filed on 3/21/2014) Modified on 3/24/2014 (srm, COURT STAFF). (Entered: 03/21/2014) | |||
| 2014-03-27 | 64 | 0 | STIPULATION AND ORDER 63 of the Parties to Stay Proceedings. Case Stayed pending resolution of Plaintiffs appeal of this Courts interlocutory order denying Plaintiffs Motion for Preliminary Injunction.. Signed by Judge Ronald M. Whyte on 3/27/14. (jgS, COURT STAFF) (Filed on 3/27/2014) Modified on 6/2/2016 (cv, COURT STAFF). (Entered: 03/27/2014) | 2015-03-04 16:04:13 | 9bdbdbb80423734bc8c54c90658dddcc0c8f65b9 | |
| 2015-03-04 | 65 | 0 | USCA FILED OPINION AFFIRMED. FILED AND ENTERED JUDGMENT we affirm the district courts denial of Fyocks motion for a preliminary injunction. re 57 Notice of Appeal (bwS, COURT STAFF) (Filed on 3/4/2015) Modified on 6/2/2016 (cv, COURT STAFF). (Entered: 03/04/2015) | |||
| 2015-03-27 | 66 | 0 | MANDATE of USCA as to 57 Notice of Appeal. The judgment of this Court, entered March 04, 2015, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (bwS, COURT STAFF) (Filed on 3/27/2015) (Entered: 03/27/2015) | |||
| 2015-03-27 | 67 | 0 | CLERK'S NOTICE spreading mandate of this court. (bwS, COURT STAFF) (Filed on 3/27/2015) (Entered: 03/27/2015) | |||
| 2015-04-02 | 68 | 0 | NOTICE OF NINTH CIRCUITS DECISION REGARDING PLAINTIFFS INTERLOCUTORY APPEAL by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson (Attachments: # 1 Exhibit A we affirm the district courts denial of Fyocks motion for a preliminary injunction.) (Michel, Carl) (Filed on 4/2/2015) Text modified on 4/3/2015 (bw, COURT STAFF). Modified on 6/2/2016 (cv, COURT STAFF). (Entered: 04/02/2015) | 2015-04-29 13:38:28 | 954fc4f00947240912b4682aa3af8e92829e501d | |
| 68 | 1 | Exhibit A | ||||
| 2016-06-06 | 69 | 0 | ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Nathanael Cousins for referral purposes. Magistrate Judge Paul S. Grewal no longer assigned to case. Signed by The Executive Committee, on 06/06/16. (jlm, COURT STAFF) (Filed on 6/6/2016) (Entered: 06/07/2016) | 2016-06-19 06:23:57 | ce64039e1143a132624e257c1c988fd896f59d9c | |
| 2016-09-06 | 70 | 0 | CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOLLOWING NINTH CIRCUIT MANDATE: Case Management Conference set for 9/23/2016 at 10:30 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Joint Case Management Statement due by 9/16/2016. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 9/6/2016) (Entered: 09/06/2016) | |||
| 2016-09-16 | 71 | 0 | JOINT CASE MANAGEMENT STATEMENT filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Brady, Sean) (Filed on 9/16/2016) (Entered: 09/16/2016) | 2016-12-04 21:11:19 | eadb8398d47e96adbdaa23aba5f8215f194ea647 | |
| 2016-09-23 | 72 | 0 | Minute Entry for proceedings held before Hon. Ronald M. Whyte: Case Management Conference held on 9/23/2016. The court defers setting case schedule pending further status on veto referendum to repeal Senate Bill 1446 and vote result on Prop 63. Due to Judge Whyte's impending resignation, this matter will be reassigned to a new District Judge in November. The newly reassigned judge will set a status conference. Total Time in Court: 14 minutes (10:31 to 10:45). Court Reporter Name: Not Reported. For Plaintiff(s): Sean Brady. For Defendant(s): Anthony Schoenberg. This is a text only Minute Entry. (ofr, COURT STAFF) (Date Filed: 9/23/2016) (Entered: 09/23/2016) | |||
| 2016-10-24 | 73 | 0 | ORDER. Signed by Chief Judge Phyllis J. Hamilton on 10/24/2016. (tsh, COURT STAFF) (Filed on 10/24/2016) (Entered: 10/24/2016) | |||
| 2016-11-03 | 74 | 0 | ORDER REASSIGNING CASE. Case Reassigned to Judge Hon. Phyllis J. Hamilton. Judge Hon. Ronald M. Whyte no longer assigned to the case. Signed by Judge Executive Committee on 11/3/2016. (sp, COURT STAFF) (Filed on 11/3/2016) (Entered: 11/03/2016) | |||
| 2016-11-10 | 75 | 0 | ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Hamilton on 11/10/2016. (pjhlc1, COURT STAFF) (Filed on 11/10/2016) (Entered: 11/10/2016) | |||
| 2016-11-23 | 76 | 0 | MOTION to Dismiss filed by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. Responses due by 12/7/2016. Replies due by 12/14/2016. (Monfort, Clinton) (Filed on 11/23/2016) (Entered: 11/23/2016) | 2016-12-04 21:12:35 | 82f559b0527a063578f932573148fa620436542a | |
| 2016-11-23 | 77 | 0 | Proposed Order re 76 MOTION to Dismiss by William Douglas, Leonard Fyock, Scott Hochstetler, David Pearson, Brad Seifers, Rod Swanson. (Monfort, Clinton) (Filed on 11/23/2016) (Entered: 11/23/2016) | |||
| 2016-11-23 | 78 | 0 | OPPOSITION/RESPONSE (re 76 MOTION to Dismiss ) [Defendants' Opposition to Plaintiffs' Request for Voluntary Dismissal Without Prejudice] filed byFrank Grgurina, Anthony Spitaleri, The Chief of the Sunnyvale Department of Public Safety, The City of Sunnyvale, The Mayor of Sunnyvale. (Attachments: # 1 Proposed Order)(Schoenberg, Anthony) (Filed on 11/23/2016) (Entered: 11/23/2016) | |||
| 78 | 1 | Proposed Order | ||||
| 2016-11-30 | 79 | 0 | ORDER GRANTING PLAINTIFFS' REQUEST FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE. Signed by Judge Phyllis J Hamilton on 11/30/16. (dtmS, COURT STAFF) (Filed on 11/30/2016) (Entered: 11/30/2016) | 2016-12-04 22:40:32 | 4e6cad935a0ad311056b3e6b31a7fae5b8aa67a4 |