Case: Dolores Huerta Foundation v. Panama-Buena Vista Union School District

COMPLAINT for declaratory and injunctive relief against Panama-Buena Vista Union School District by Selena Ramirez, Alexander Ramirez, Celeste Hernandez, Dolores Huerta Foundation, Inc., Lila Perez. Attorney Rafferty, Scott added. (Filing fee $ 402, receipt number ACAEDC-10087253) (Rafferty, Scott) (Entered: 02/22/2022)

CIVIL COVER SHEET by Dolores Huerta Foundation, Inc., Celeste Hernandez, Lila Perez, Alexander Ramirez, Selena Ramirez (Rafferty, Scott) (Entered: 02/22/2022)

NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Erica P. Grosjean* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(EPG)* (Martin-Gill, S) (Entered: 02/23/2022)

SUMMONS ISSUED as to *Board of Education of Panama-Buena Vista Union School District, Panama-Buena Vista Union School District* with answer to complaint due within *21* days. Attorney *Scott Rafferty* *1913 Whitecliff Ct* *Walnut Creek, CA 94596*. (Martin-Gill, S) (Entered: 02/23/2022)

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/28/2022 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 BAK Worksheet, # 2 Consent Form, # 3 VDRP) (Martin-Gill, S) (Entered: 02/23/2022)

SUMMONS RETURNED EXECUTED: All Defendants. (Rafferty, Scott) (Entered: 02/25/2022)

ANSWER by Board of Education of Panama-Buena Vista Union School District, Panama-Buena Vista Union School District. Attorney Leoni, Marguerite Mary added.(Leoni, Marguerite) (Entered: 03/18/2022)

MOTION to DISMISS, MOTION for JUDGMENT on the Pleadings ( Motion Hearing set for 7/18/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.) by Board of Education of Panama-Buena Vista Union School District, Panama-Buena Vista Union School District. (Attachments: # 1 Declaration Declaration of Priscilla Quinn, # 2 Declaration Declaration of Elynor Cherie Olgin, # 3 Declaration Declaration of Grant Herndon, # 4 Notice Request for Judicial Notice)(Leoni, Marguerite) (Entered: 06/09/2022)

1 Declaration Declaration of Priscilla Quinn

View on RECAP

2 Declaration Declaration of Elynor Cherie Olgin

View on PACER

3 Declaration Declaration of Grant Herndon

View on PACER

4 Notice Request for Judicial Notice

View on PACER

MINUTE ORDER, signed by Magistrate Judge Erica P. Grosjean on 6/14/2022: In light of the pending Motion to Dismiss/Motion for Judgment on the Pleadings, the Court VACATES the Scheduling Conference set for 6/28/2022 before Magistrate Judge Erica P. Grosjean. Within ten days after the issuance of the ruling on the Motion to Dismiss/Motion for Judgment on the Pleadings, should the matter go forward, the parties are directed to contact Courtroom Deputy Susan Hall (shall@caed.uscourts.gov) to secure a new scheduling conference date. (Text Only Entry) (Hall, S) (Entered: 06/14/2022)

~Util - 1 Terminate Deadlines and Hearings AND Minute Order

REPLY by Board of Education of Panama-Buena Vista Union School District, Panama-Buena Vista Union School District to RESPONSE to 8 Motion to Dismiss,,, Motion for Judgment,,. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Dismiss and for Judgment on the Pleadings, # 2 Notice Notice of Unavailability of Counsel, # 3 Proof of Service)(Leoni, Marguerite) (Entered: 06/30/2022)

OPPOSITION by Dolores Huerta Foundation, Celeste Hernandez, Lila Perez, Alexander Xavier Ramirez, Selena Maya Ramirez to 8 Motion to Dismiss,,, Motion for Judgment,,. (Rafferty, Scott) (Entered: 07/07/2022)

MINUTE ORDER signed by District Judge Anthony W. Ishii on 7/8/2022: (Text Only Entry) Currently pending and set for hearing on July 18, 2022, is Defendants' motion to dismiss. On July 7, 2022, Defendant file late opposition and request to accept the late opposition. After consideration, the Court will permit the late opposition, moving the July 18, 2022 hearing date, and set a new date for Defendants to file a reply. Accordingly, IT IS HEREBY ORDERED that: (1) Plaintiffs' request to accept a late opposition is GRANTED; (2) on or by July 20, 2022, Defendants shall file a reply to the July 7 opposition; (3) the July 18, 2022 hearing is VACATED; and (4) hearing on Defendants' motion to dismiss is RESET to August 1, 2022, at 1:30 p.m. in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. IT IS SO ORDERED. (Apodaca, P) (Entered: 07/08/2022)

~Util - 1 Set/Reset Deadlines and Hearings AND Minute Order

REQUEST for Reconsideration of 7-8-22 Order Granting Plaintiffs' Motion for Leave to File Late Opposition by Board of Education of Panama-Buena Vista Union School District, Panama-Buena Vista Union School District re 12 Minute Order,,,, Set/Reset Deadlines and Hearings,,,. (Attachments: # 1 Declaration M Leoni in support of Request for Reconsideration, # 2 Proof of Service of Request for Reconsideration, Declaration)(Leoni, Marguerite) (Entered: 07/11/2022)

OPPOSITION by Dolores Huerta Foundation, Celeste Hernandez, Lila Perez, Alexander Xavier Ramirez, Selena Maya Ramirez to 13 Request,. (Attachments: # 1 Declaration Declaration of Scott J Rafferty in Opposition to Request to Reconsider Order Granting Late-filing to Opposition to Motion to Dismiss)(Rafferty, Scott) (Entered: 07/12/2022)

MINUTE ORDER (Text Only Entry): On July 8, 2022, the Court granted Plaintiffs' request to accept and consider a late opposition to a motion to dismiss. See Doc. No. 12 . The Court reset the hearing date and gave Defendants a new date by which to file a reply. See id. On July 11, 2022, Defendants filed a motion for reconsideration of the Court's procedural order. See Doc. No. 13 . On July 12, 2022, Plaintiffs' counsel filed an opposition to the motion for reconsideration. See Doc. No. 14 . After review, the Court does not find that reconsideration is warranted. Accordingly, IT IS HEREBY ORDERED that: (1) Defendants' motion for reconsideration (Doc. No. 13 ) is DENIED; (2) the Court's July 8, 2022 order (Doc. No. 12 ) remains in full force; and (3) no further requests or responses regarding either the Court's July 8 order or Defendants' July 11 motion will be considered or permitted. IT IS SO ORDERED. Minute Order signed by District Judge Anthony W. Ishii on 7/12/2022. (Apodaca, P) (Entered: 07/12/2022)

Order on Request AND Minute Order

REPLY by Board of Education of Panama-Buena Vista Union School District, Panama-Buena Vista Union School District to RESPONSE to 8 Motion to Dismiss,,, Motion for Judgment,,. (Attachments: # 1 Supplement Supplemental Request for Judicial Notice, # 2 Proof of Service of Reply to Opposition, Supplemental RJN)(Leoni, Marguerite) (Entered: 07/20/2022)

MINUTE ORDER (TEXT ENTRY ONLY) The Court has deemed the MOTION TO DISMISS and for JUDGMENT ON THE PLEADINGS, Doc. No. 8 noticed for hearing on 8/1/2022, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motion will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 7/27/2022. (Rivera, O) (Entered: 07/27/2022)

~Util - 1 Terminate Deadlines and Hearings AND Minute Order

ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of Magistrate Judge Christopher D. Baker to the bench of the Eastern District of California, the court hereby reassigns this case from Bakersfield Magistrate Judge (BAK) to Magistrate Judge Christopher D. Baker for all further proceedings. (Lundstrom, T) (Entered: 10/06/2022)

ORDER GRANTING 8 Motion to Dismiss, signed by District Judge Anthony W. Ishii on 12/07/2022. CASE CLOSED.(Maldonado, C) (Entered: 12/08/2022)

JUDGMENT dated *12/08/2022* pursuant to order. (Maldonado, C) (Entered: 12/08/2022)

USCA APPEAL FEES received in the amount of $ 505.00 (Receipt # ACAEDC-10632854) from Rafferty Scott on 1/9/2023. (Lundstrom, T) The appeal fee was paid, but no appeal was filed. Refunded receipt ACAEDC-10632854 Modified on 1/11/2023 (Woodson, A). (Entered: 01/10/2023)

Receipt of Appeal Fee

MOTION for 5 days from order-DAY EXTENSION OF TIME to File Notice of Appeal re 20 Judgment by Dolores Huerta Foundation, Celeste Hernandez, Lila Perez, Alexander Xavier Ramirez, Selena Maya Ramirez. Motion Hearing set for 2/27/2023 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: # 1 Declaration Declaration of Scott J. Rafferty ISO Motion to Extend TIme to File Notice of Appeal, # 2 Exhibit Notice of Appeal as filed 1/9/23)(Rafferty, Scott) (Entered: 01/30/2023)

OPPOSITION by Board of Education of Panama-Buena Vista Union School District, Panama-Buena Vista Union School District to 22 Motion for Extension of Time,. (Attachments: # 1 Declaration of Marguerite Leoni in support of Defendants' Opposition to Plaintiff's Motion to Extend Time)(Leoni, Marguerite) (Entered: 02/10/2023)

REPLY by Dolores Huerta Foundation, Celeste Hernandez, Lila Perez, Alexander Xavier Ramirez, Selena Maya Ramirez re 22 Motion for Extension of Time,. (Attachments: # 1 Declaration 2nd Rafferty Declaration ISO extension of time to appeal)(Rafferty, Scott) (Entered: 02/16/2023)

OBJECTIONS by Defendants Board of Education of Panama-Buena Vista Union School District, Panama-Buena Vista Union School District to 24 Reply,. (Leoni, Marguerite) (Entered: 02/22/2023)

MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed the MOTION for 5 days from order-DAY EXTENSION OF TIME to File Notice of Appeal re 20 Judgment, Doc. No. 22, noticed for hearing on 2/27/2023, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the matter will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 2/27/2023. (Apodaca, P) (Entered: 02/23/2023)

~Util - 1 Terminate Deadlines and Hearings AND Minute Order

ORDER DENYING 22 MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL. IT IS HEREBY ORDERED that Plaintiffs' motion to extend time to file a notice of appeal (Doc. No. 22 ) is DENIED. Further, IT IS HEREBY ORDERED that no party may file any additional motion in this closed case without prior leave from the Court. Order signed by District Judge Anthony W. Ishii on 3/6/2023. (Apodaca, P) (Entered: 03/06/2023)