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 42 |
Filed: 8/18/2023, Entered: 8/18/2023 |
Order on Motion to Dismiss |
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ORDER GRANTING DEFENDANT'S MOTION TO DISMISS WITH LEAVE TO AMEND [23] by Judge Hernan D. Vera. In light of the foregoing, Defendant's Motion to Dismiss is granted. Because the Court cannot find that any amendment would be futile, the FAC is dismissed with leave to amend. See Eminence Capital, L.L.C. v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (dismissal without leave is improper unless it is clear that the complaint could not be saved by any amendment). If Plaintiffs choose to amend the First Amended Complaint, they must do so no later than September 18, 2023. (lom)
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| 41 |
Filed: 8/17/2023, Entered: 8/18/2023 |
Order on Motion to Dismiss |
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MINUTES OF DEFENDANT ROBERT A. BONTA'S MOTION TO DISMISS AMENDED COMPLAINT [23] held before Judge Hernan D. Vera. Having read and considered all documents filed as to the motion referenced above and the oral argument presented today, the Court takes the motion under submission. Court Reporter: Miriam Baird. (lom)
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Request |
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| 40 |
Filed: 8/14/2023, Entered: 8/14/2023 |
Status report |
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STATUS REPORT (Joint) regarding Dkt. No. 39 filed by Plaintiffs Minds, Inc., National Religious Broadcasters, Tim Pool, The Babylon Bee LLC. (Lawrence, James)
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Request |
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| 39 |
Filed: 8/10/2023, Entered: 8/10/2023 |
Minutes of In Chambers Order/Directive - no proceeding held |
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MINUTE ORDER (IN CHAMBERS) ORDER REQUIRING STATUS REPORT by Judge Hernan D. Vera. In light of Plaintiffs' Supplemental Statement Re Motion to Dismiss and Particular Complaint Allegations (Supplemental Statement) [Dkt. No. 30], the parties are hereby ordered to meet and confer regarding the impact of the Supplemental Statement on the parties' arguments in Defendant's Motion to Dismiss Amended Complaint [Dkt. No. 23], Plaintiffs' Opposition [Dkt. No. 26], and Defendant's Reply [Dkt. No. 28]. The parties are further ordered to file a joint status report, by no later than Monday, August 14, 2023 at 5:00 PM, addressing whether further briefing will aid in the Court's review of the motion and, if so, whether the motion hearing should be rescheduled to a later date. (lom)
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Request |
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| 38 |
Filed: 7/26/2023, Entered: 7/26/2023 |
Initial Order upon Filing of Complaint - form only |
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CIVIL STANDING ORDER by Judge Hernan D. Vera. (cbr)
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Request |
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| 37 |
Filed: 7/7/2023, Entered: 7/7/2023 |
Text Only Scheduling Notice |
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SCHEDULING NOTICE TEXT ONLY ENTRY (In Chambers) by Judge Hernan D. Vera: The Court hereby sets Defendant's Motion to Dismiss Amended Complaint [23] for oral argument on August 17, 2023, at 10:00 a.m. The matter is fully briefed and no further briefing is necessary.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
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| 36 |
Filed: 7/7/2023, Entered: 7/7/2023 |
statement |
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STATEMENT Joint Case Management filed by Plaintiffs Minds, Inc., National Religious Broadcasters, Tim Pool, The Babylon Bee LLC (Gates, Sean)
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Request |
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| 35 |
Filed: 6/23/2023, Entered: 6/23/2023 |
Order |
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REASSIGNMENT ORDER by Judge Hernan D. Vera: Please refer to Order for complete details. (cbr)
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Request |
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| 34 |
Filed: 6/20/2023, Entered: 6/20/2023 |
Chief District Judge Transferring Case |
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ORDER OF THE CHIEF JUDGE (#OCJ23-074) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Hernan D. Vera, this case is transferred from Judge R. Gary Klausner to the calendar of Judge Hernan D. Vera for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-02705-HDV-MAAx. (sn)
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Request |
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| 33 |
Filed: 6/20/2023, Entered: 6/20/2023 |
Order |
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ORDER CONTINUING SCHEDULIG CONFERENCE [32] by Judge R. Gary Klausner that the Scheduling Conference set for 6/26/2023 is continued to 7/10/2023 at 09:00 AM. (jp)
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Request |
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| 32 |
Filed: 6/20/2023, Entered: 6/20/2023 |
Stipulation to Continue |
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Joint STIPULATION to Continue Scheduling Conference from June 26, 2023 at 9:00 AM to July 10, 2023 at 9:00 AM filed by defendants Minds, Inc., National Religious Broadcasters, Tim Pool, The Babylon Bee LLC. (Attachments: # (1) Proposed Order)(Gates, Sean)
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Request |
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| 31 |
Filed: 6/20/2023, Entered: 6/20/2023 |
Text Only Scheduling Notice |
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SCHEDULING NOTICE by Judge R. Gary Klausner: The hearing on the MOTION to Dismiss Amended Complaint [23], set for 6/26/2023, at is hereby reset to 7/10/2023, at 09:00 AM before Judge R. Gary Klausner. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| 30 |
Filed: 6/16/2023, Entered: 6/16/2023 |
Statement (Motion related) |
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STATEMENT of PLAINTIFFS RE MOTION TO DISMISS AND PARTICULAR COMPLAINT ALLEGATIONS NOTICE OF MOTION AND MOTION to Dismiss Amended Complaint [23] filed by Plaintiffs Minds, Inc., National Religious Broadcasters, Tim Pool, The Babylon Bee LLC. (Gates, Sean)
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Request |
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| 29 |
Filed: 6/13/2023, Entered: 6/13/2023 |
Joint Report Rule 26(f) Discovery Plan |
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JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 days, filed by Plaintiffs Minds, Inc., National Religious Broadcasters, Tim Pool, The Babylon Bee LLC.. (Gates, Sean)
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Request |
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| 28 |
Filed: 6/12/2023, Entered: 6/12/2023 |
Reply (Motion related) |
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REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Amended Complaint [23] Defendant's Reply in Support of Motion to Dismiss Amended Complaint filed by Defendant Robert A. Bonta. (O'Grady, Sharon)
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Request |
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| 27 |
Filed: 6/12/2023, Entered: 6/12/2023 |
Errata |
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NOTICE OF ERRATA filed by Defendant Robert A. Bonta. correcting NOTICE OF MOTION AND MOTION to Dismiss Amended Complaint [23] (O'Grady, Sharon)
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Request |
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| 26 |
Filed: 6/5/2023, Entered: 6/5/2023 |
response in opposition to motion |
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OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Amended Complaint [23] filed by Plaintiffs Minds, Inc., National Religious Broadcasters, Tim Pool, The Babylon Bee LLC. (Gates, Sean)
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Request |
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| 25 |
Filed: 5/26/2023, Entered: 5/26/2023 |
Order on Motion to appear pro hac vice |
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ORDER by Judge R. Gary Klausner GRANTING [24] Non-Resident Attorney Michael P Farris APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff National Religious Broadcasters, designating Sean P Gates as local counsel. (jp)
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Request |
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| 24 |
Filed: 5/26/2023, Entered: 5/26/2023, Terminated: 5/26/2023 |
Motion to Appear Pro Hac Vice (G-64) |
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APPLICATION of Non-Resident Attorney Michael P. Farris to Appear Pro Hac Vice on behalf of Plaintiff National Religious Broadcasters (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35385891) filed by Plaintiff National Religious Broadcasters. (Attachments: # (1) Proposed Order) (Gates, Sean)
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Request |
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| 23 |
Filed: 5/25/2023, Entered: 5/25/2023, Terminated: 8/18/2023 |
Motion to Dismiss (cause or other) |
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NOTICE OF MOTION AND MOTION to Dismiss Amended Complaint filed by Defendant Robert A. Bonta. Motion set for hearing on 6/26/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # (1) Memorandum in Support of Defendant's Motion to Dismiss Amended Complaint, # (2) Request for Judicial Notice in Support of Defendant's Motion to Dismiss Amended Complaint, # (3) Exhibit 1 of RJN, # (4) Exhibit 2 of RJN, # (5) Exhibit 3 of RJN, # (6) Exhibit 4 of RJN, # (7) Exhibit 5 of RJN, # (8) Exhibit 6 of RJN, # (9) Proposed Order) (O'Grady, Sharon)
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Request |
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| 22 |
Filed: 5/15/2023, Entered: 5/15/2023 |
Certificate/Notice of Interested Parties |
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Corporate Disclosure and NOTICE of Interested Parties filed by Plaintiff National Religious Broadcasters, identifying None. (Gates, Sean)
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Request |
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| 21 |
Filed: 5/15/2023, Entered: 5/15/2023 |
Text Only Scheduling Notice |
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SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner. Plaintiff having filed a First Amended Complaint [20] on 5/15/2023, Defendant Bonta's Motion to Dismiss Complaint [16] is denied as moot. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| 20 |
Filed: 5/15/2023, Entered: 5/15/2023 |
Amended Complaint/Petition |
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FIRST AMENDED COMPLAINT against Defendant All Plaintiffs amending Complaint (Attorney Civil Case Opening), [1], filed by Plaintiffs Minds, Inc., The Babylon Bee LLC, Tim Pool, National Religious Broadcasters(Attorney Sean P. Gates added to party National Religious Broadcasters(pty:pla))(Gates, Sean)
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Request |
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| 19 |
Filed: 5/5/2023, Entered: 5/5/2023 |
Initial Order Setting R26 Scheduling Conference - form only |
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ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 6/16/2023. Scheduling Conference set for 6/26/2023 at 09:00 AM before Judge R. Gary Klausner. (jre)
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Request |
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| 18 |
Filed: 5/5/2023, Entered: 5/5/2023 |
Errata |
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NOTICE OF ERRATA filed by Defendant Robert A. Bonta. correcting NOTICE OF MOTION AND MOTION to Dismiss Complaint [16] Errata to Memorandum in Support of Defendant's Motion to Dismiss (Docket Entry 16-1) (O'Grady, Sharon)
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Request |
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| 17 |
Filed: 5/4/2023, Entered: 5/4/2023 |
Text Only Scheduling Notice |
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SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: The hearing on the MOTION to Dismiss Complaint [16] is ADVANCED to 6/5/2023, at 09:00 AM, before Judge R. Gary Klausner. Briefing shall reset accordingly. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| 16 |
Filed: 5/3/2023, Entered: 5/3/2023, Terminated: 5/15/2023 |
Motion to Dismiss (cause or other) |
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NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendant Robert A. Bonta. Motion set for hearing on 6/19/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # (1) Memorandum in Support of Defendant's Motion to Dismiss, # (2) Request for Judicial Notice in Support of Defendant's Motion to Dismiss, # (3) Exhibit 1 of RJN, # (4) Exhibit 2 of RJN, # (5) Exhibit 3 of RJN, # (6) Exhibit 4 of RJN, # (7) Exhibit 5 of RJN, # (8) Exhibit 6 of RJN, # (9) Proposed Order) (Attorney Sharon L O'Grady added to party Robert A. Bonta(pty:dft)) (O'Grady, Sharon)
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Request |
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| 14 |
Filed: 4/18/2023, Entered: 4/18/2023 |
Response By Court to Notice of Deficiencies (G-112B) - optional html form |
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RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney James R. Lawrence to Appear Pro Hac Vice on behalf of Plaintiffs Minds, Inc., Tim Pool, The Babylon Bee LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35138168)[11] by Judge R. Gary Klausner. The document is accepted as filed. HOWEVER, Counsel shall take care to properly indicate the case number for each document filed. Any future errors may be met with the striking of each document. (jre)
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Request |
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| 15 |
Filed: 4/17/2023, Entered: 4/18/2023 |
Order on Motion to appear pro hac vice |
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ORDER by Judge R. Gary Klausner GRANTING [11] Non-Resident Attorney James R Lawrence APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Minds, Inc., Tim Pool, The Babylon Bee LLC, designating Sean P Gates as local counsel. (jp)
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Request |
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| 13 |
Filed: 4/17/2023, Entered: 4/17/2023 |
Service of Summons and Complaint Returned Executed (21 days) |
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PROOF OF SERVICE Executed by Plaintiff Minds, Inc., The Babylon Bee LLC, Tim Pool, upon Defendant Robert A. Bonta served on 4/13/2023, answer due 5/4/2023. Service of the Summons and Complaint were executed upon Robert A. Bonta, Attorney General of California, in his official capacity in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Gates, Sean)
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Request |
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| 12 |
Filed: 4/14/2023, Entered: 4/14/2023 |
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form |
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NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney James R. Lawrence to Appear Pro Hac Vice on behalf of Plaintiffs Minds, Inc., Tim Pool, The Babylon Bee LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35138168)[11]. The following error(s) was/were found: Hearing date set, but no hearing required. Case information is incomplete. DJ and MJ initials missing on proposed order. Please note DJ and MJ Notice of Assignment, dated 4/13/23, Dkt. 5. (lt)
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Request |
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| 11 |
Filed: 4/14/2023, Entered: 4/14/2023, Terminated: 4/17/2023 |
Motion to Appear Pro Hac Vice (G-64) |
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APPLICATION of Non-Resident Attorney James R. Lawrence to Appear Pro Hac Vice on behalf of Plaintiffs Minds, Inc., Tim Pool, The Babylon Bee LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35138168) filed by plaintiffs Minds, Inc., Tim Pool, The Babylon Bee LLC. Application set for hearing on 5/15/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # (1) Exhibit Certificate of Good Standing, # (2) Proposed Order) (Gates, Sean)
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Request |
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| 10 |
Filed: 4/13/2023, Entered: 4/13/2023 |
Initial Order upon Filing of Complaint - form only |
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STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre)
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Request |
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| 9 |
Filed: 4/13/2023, Entered: 4/13/2023 |
Pro Hac Vice Application Due (G-109) - optional html form |
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NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James R Lawrence. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
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Request |
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| 8 |
Filed: 4/13/2023, Entered: 4/13/2023 |
Summons Issued (Attorney Civil Case Opening) |
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21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), [1] as to Defendant Robert A. Bonta. (car)
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Request |
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| 7 |
Filed: 4/13/2023, Entered: 4/13/2023 |
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form |
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Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car)
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Request |
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| 6 |
Filed: 4/13/2023, Entered: 4/13/2023 |
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form |
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NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
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Request |
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| 5 |
Filed: 4/13/2023, Entered: 4/13/2023 |
Notice of Assignment to United States Judges (CV-18) - optional html form |
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NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Maria A. Audero. (car)
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Request |
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| 4 |
Filed: 4/11/2023, Entered: 4/11/2023 |
Certificate/Notice of Interested Parties |
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Corporate Disclosure and NOTICE of Interested Parties filed by Plaintiffs Minds, Inc., Tim Pool, The Babylon Bee LLC, (Gates, Sean)
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Request |
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| 3 |
Filed: 4/11/2023, Entered: 4/11/2023 |
Summons Request |
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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), [1] filed by Plaintiffs Minds, Inc., Tim Pool, The Babylon Bee LLC. (Gates, Sean)
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Request |
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| 2 |
Filed: 4/11/2023, Entered: 4/11/2023 |
Civil Cover Sheet (CV-71) |
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CIVIL COVER SHEET filed by Plaintiffs Minds, Inc., Tim Pool, The Babylon Bee LLC. (Gates, Sean)
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Request |
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| 1 |
Filed: 4/11/2023, Entered: 4/11/2023 |
Complaint (Attorney Civil Case Opening) |
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COMPLAINT Receipt No: ACACDC-35118513 - Fee: $402, filed by Plaintiffs Minds, Inc., The Babylon Bee LLC, Tim Pool. (Attorney Sean P Gates added to party Minds, Inc.(pty:pla), Attorney Sean P Gates added to party Tim Pool(pty:pla), Attorney Sean P Gates added to party The Babylon Bee LLC(pty:pla))(Gates, Sean)
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Request |
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