Gomez v. Cedar Oaks Apartments L.P. et al
| Patricia Gomez |
| Cedar Oaks Apartments L.P. and M.D. Atkinson Company, Inc |
| 1:2021cv00830 |
| May 20, 2021 |
| U.S. District Court for the Eastern District of California |
| Ana de Alba |
| Christopher D Baker |
| Dale A Drozd |
| Jennifer L Thurston |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 Fair Housing Act |
| Plaintiff |
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| Filing 42 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Christopher D. Baker: SETTLEMENT CONFERENCE held off the record on 11/30/2022. After discussions with the Court, CASE NOT SETTLED. The parties expressed willingness to convene for a further settlement conference at an appropriate future date. Plaintiff's Counsel David Iyalomhe, along with plaintiff, present. Defendants' Counsel Harry Safarian, along with client representatives, present. (Hall, S) |
| Filing 41 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Christopher D. Baker: TELEPHONIC PRE-SETTLEMENT CONFERENCE held in chambers and off the record on 11/28/2022. Settlement conference remains set for 11/30/2022 at 10:00 AM. Plaintiffs Counsel David Iyalomhe present. Defendants Counsel Aroutun Safarian present. (Hall, S) |
| Filing 40 REPLY by Cedar Oaks Apartments L.P., M.D. Atkinson Company, Inc re #37 Opposition to Motion, #33 Motion for Summary Judgment,,. (Aslanyan, Rafayel) |
Filing 39
ORDER SETTING SETTLEMENT CONFERENCE and Parameters and Scheduling Pre-Conference Telephonic Discussion, signed by Magistrate Judge Christopher D. Baker on 11/15/2022. Telephonic Pre-Settlement Conference set for 11/28/2022 at 10:30 AM before Magistrate Judge Christopher D. Baker. Settlement Conference set for 11/30/2022 at 10:00 AM before Magistrate Judge Christopher D. Baker. (Hall, S)
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| Filing 38 REPLY by Patricia Gomez to RESPONSE to #30 Motion for Summary Judgment,,. (Okojie, Odion) |
| Filing 37 OPPOSITION by Patricia Gomez to #33 Motion for Summary Judgment,,. (Attachments: #1 Plaintiff's Responses to Defendants' Separate Statement of Material Facts in Support of Her Opposition to Defendants' Motion for Partial Summary Judgment, #2 Plaintiff's Objections to Declaration of Robert S. Griswold)(Okojie, Odion) |
| Filing 36 NOTICE of ERRATA by Cedar Oaks Apartments L.P., M.D. Atkinson Company, Inc re #33 MOTION FOR SUMMARY JUDGMENT, #35 Opposition to Motion,,.. (Aslanyan, Rafayel) |
| Filing 35 OPPOSITION by Cedar Oaks Apartments L.P., M.D. Atkinson Company, Inc to #30 Motion for Summary Judgment,,. (Attachments: #1 Statement Separate Statement, #2 Statement Responses to Plaintiff's Separate Statement, #3 Exhibit Compendium of Exhibits, #4 Declaration Declaration of Rafayel Aslanyan in Support of Opposition, #5 Declaration Declaration of Jeanette Martienez in Support of Opposition, #6 Declaration Declaration of Defendants' Retained Expert in Support of Opposition)(Aslanyan, Rafayel) |
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Filing 34
MINUTE ORDER signed by District Judge Ana de Alba on 10/31/2022: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed Motion for Summary Judgment #33 will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and orders the parties reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency.(Hernandez, M)
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| Filing 33 MOTION FOR SUMMARY JUDGMENT by Cedar Oaks Apartments L.P., M.D. Atkinson Company, Inc. Motion Hearing set for 12/6/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: #1 Statement Separate Statement of Undisputed Material Facts In Support of Partial MSJ, #2 Exhibit Compendium of Exhibits in Support of Partial MSJ, #3 Declaration Declaration of Defendants' Agent in Support of Partial MSJ, #4 Declaration Declaration of Rafayel Aslanyan in Support of Partial MSJ, #5 Declaration Declaration of Rafayel Aslanyan re Meet and Confer, #6 Declaration Declaration of Defendants' Retained Expert)(Aslanyan, Rafayel) |
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Filing 32
MINUTE ORDER signed by District Judge Ana de Alba on 10/26/2022: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), Plaintiff's recently filed Motion for Summary Judgment #30 will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and orders the parties reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency.(Hernandez, M)
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Filing 31
MINUTE ORDER signed by District Judge Ana de Alba on 10/26/2022: (Text Only Entry) *On October 18, defendant filed a #29 motion for summary judgment. Pursuant to Judge de Alba's Standing Order in Civil Actions, counsel must meet and confer prior to filing any motions. (See E.D. Cal. S.O. J. de Alba at 2.) The moving party must further include in its motion "a declaration that the parties exhausted meet and confer efforts, with a very brief summary of said efforts." (Id.) The #29 motion for summary judgment does not contain a declaration regarding efforts to meet and confer. Therefore, this motion is denied without prejudice. If, after meeting and conferring, defendant still wishes to file a motion to transfer venue and motion to dismiss, those motions shall be filed no later than five (5) court days following the date of signature on this order. The parties are advised to first consult Local Rule 230 and Judge de Alba's Standing Order in Civil Actions, which can be found at # https://www.caed.uscourts.gov/caednew/assets/File/ADA%20Standing%20Order% 2008242022.pdf(Hernandez, M)
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| Filing 30 MOTION FOR SUMMARY JUDGMENT by Patricia Gomez. Motion Hearing set for 12/6/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: #1 Points and Authorities In Support of Plaintiff's Motion for Partial Summary Judgment, #2 Affidavit Declaration of Counsel, Odion L. Okojie, in support of Motion, #3 Exhibit Exhibits 201 - 207 attached to Counsel Declaration, #4 Exhibit Exhibit 208 attached to Counsel declaration, #5 Exhibit Exhibits 209 - 210 attached to Counsel Declaration, #6 Statement of Undisputed Facts in Support of Motion for Summary Judgment)(Okojie, Odion) |
| Filing 29 MOTION FOR SUMMARY JUDGMENT by Cedar Oaks Apartments L.P., M.D. Atkinson Company, Inc. Motion Hearing set for 12/6/2022 at 09:30 AM in Courtroom 5 before District Judge Dale A. Drozd. (Attachments: #1 Statement Separate Statement of Undisputed Material Facts In Support of Partial MSJ, #2 Exhibit Compendium of Exhibits in Support of Partial MSJ, #3 Declaration Declaration of Defendants' Agent in Support of Partial MSJ, #4 Declaration Declaration of Rafayel Aslanyan in Support of Partial MSJ, #5 Declaration Declaration of Defendants' Retained Expert in Support of Partial MSJ)(Aslanyan, Rafayel) |
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Filing 28
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. (Sant Agata, S)
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Filing 27
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of *District Judge Ana de Alba* to the bench of the Eastern District of California, this action is reassigned from *District Judge Dale A. Drozd* to District Judge Ana de Alba for all further proceedings. (Martin-Gill, S)
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Filing 26
ORDER re: Amended Joint Stipulation #25 Modifying Scheduling Order, signed by Magistrate Judge Sheila K. Oberto on 7/27/2022. Dispositive Motions filed by 10/18/2022. Settlement Conference CONTINUED to 11/30/2022 at 10:00 AM in Bakersfield, 510 19th Street before Bakersfield Magistrate Judge. Pretrial Conference CONTINUED to 2/27/2023 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)
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| Filing 25 STIPULATION and PROPOSED ORDER for Modifying Scheduling Order [Doc. 20] re #20 Order,, Set/Reset Deadlines and Hearings, by Patricia Gomez. (Attachments: #1 Proposed Order Re: Amended Joint Stipulation Modifying Scheduling Order #20 )(Iyalomhe, David) |
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Filing 24
ORDER re CONTINUED SETTLEMENT CONFERENCE. Order signed by Magistrate Judge Sheila K. Oberto on 6/9/2022. Pre-Settlement Conference set for 9/21/2022 at 04:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Settlement Conference currently set for 7/25/2022 is CONTINUED to 9/29/2022 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.(Kusamura, W)
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Filing 23
ORDER re: DISCOVERY, signed by Magistrate Judge Sheila K. Oberto on 4/8/2022. (Hall, S)
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| Filing 22 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Sheila K. Oberto: INFORMAL DISCOVERY DISPUTE CONFERENCE held on 4/7/2022. Order to follow. Plaintiffs Counsel Odion Okojie & David Iyalomhe present. Defendants Counsel Rafayel Aslanyan present. (Kusamura, W) |
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Filing 21
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 4/1/2022: (Text Only Entry) The Court is in receipt of the parties' request for an informal discovery dispute conference. A telephonic discovery dispute conference is SET for April 7, 2022, at 4:00 PM before Magistrate Judge Sheila K. Oberto. The parties shall call (888) 557-8511, access code 6208204# at the scheduled time. (Kusamura, W)
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Filing 20
ORDER RE: Joint Stipulation #19 Modifying Scheduling Order, signed by Magistrate Judge Sheila K. Oberto on 2/25/2022. Discovery Deadlines: Non-Expert 6/1/2022; Expert 7/19/2022. Non-Dispositive Motion Deadlines: Filed by 6/20/2022; Hearing by 7/19/2022. Dispositive Motion Deadlines: Filed by 8/2/2022; Hearing by 9/6/2022. Settlement Conference CONTINUED to 7/25/2022 at 01:00 PM in Bakersfield, 510 19th Street before BakersfieldMJ. (Hall, S)
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| Filing 19 STIPULATION and PROPOSED ORDER for Modifying Scheduling Order [Doc. 10] re #10 Order,,, Set/Reset Deadlines and Hearings,, by Patricia Gomez. (Attachments: #1 Proposed Order Re: Joint Stipulation Modifying Scheduling Order)(Iyalomhe, David) |
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Filing 18
MINUTE ORDER, signed by Magistrate Judge Sheila K. Oberto on 1/21/2022: In light of the information contained in the joint status report (Doc. #17 ) that discovery efforts are proceeding appropriately, the Mid-Discovery Status Conference set for 1/31/2022 is VACATED. The parties are reminded of their obligation to complete discovery within the time frames set forth in the Scheduling Order. (Text Only Entry) (Hall, S)
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| Filing 17 STATUS REPORT by Cedar Oaks Apartments L.P., M.D. Atkinson Company, Inc. (Aslanyan, Rafayel) |
| Filing 16 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 Sheila K. Oberto* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(SKO)* (Maldonado, C) |
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Filing 15
MINUTE ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 1/3/2022: Due to the confirmation of Judge Jennifer Thurston as a District Judge, and the pending reassignment of the case, the Mid-Discovery Status Conference set for 1/10/2022 is CONTINUED to 1/31/2022 at 08:30 AM before a to-be-determined Judge. (Text Only Entry) (Hall, S)
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| Filing 14 NOTICE of APPEARANCE by Rafayel Aslanyan on behalf of Cedar Oaks Apartments L.P., M.D. Atkinson Company, Inc. Attorney Aslanyan, Rafayel added. (Aslanyan, Rafayel) |
| Filing 13 NOTICE of Decline of Jurisdiction of Magistrate by All Defendants. (Safarian, Aroutun) |
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Filing 12
STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 8/16/2021. (Hall, S)
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| Filing 11 STIPULATION and PROPOSED ORDER for Protective Order by Patricia Gomez. (Iyalomhe, David) |
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Filing 10
SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 8/10/2021. Pleading Amendment Deadline 11/15/2021. Discovery Deadlines: Non-Expert and Expert 4/1/2022. Mid-Discovery Status Conference set for 1/10/2022 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 4/18/2022; Hearing by 5/17/2022. Dispositive Motion Deadlines: Filed by 5/31/2022; Hearing by 7/5/2022. Settlement Conference set for 5/23/2022 at 01:00 PM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 11/7/2022 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)
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| Filing 9 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Iyalomhe, David) |
| Filing 8 JOINT SCHEDULING REPORT by Patricia Gomez. (Attachments: #1 Exhibit Scheduling Conference Worksheet)(Iyalomhe, David) |
| Filing 7 ANSWER with Jury Demand by M.D. Atkinson Company, Inc. Attorney Safarian, Aroutun H. added.(Safarian, Aroutun) |
| Filing 6 SUMMONS RETURNED EXECUTED: M.D. Atkinson Company, Inc served on 6/3/2021, answer due 6/24/2021. (Okojie, Odion) |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/16/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Standing Order, #2 Worksheet, #3 Standing Order re Judicial Emergency, #4 Consent Form, #5 VDRP) (Flores, E) |
| Filing 4 SUMMONS ISSUED as to *Cedar Oaks Apartments L.P., M.D. Atkinson Company, Inc* with answer to complaint due within *21* days. Attorney *David Osigbemhe Iyalomhe* *David Iyalomhe & Associates* *880 W First Street, Suite 313* *Los Angeles, CA 90012*. (Flores, E) |
| Filing 3 NOTICE OF INTERESTED PARTIES by Patricia GOMEZ. (Okojie, Odion) |
| Filing 2 CIVIL COVER SHEET by Patricia GOMEZ (Okojie, Odion) |
| Filing 1 COMPLAINT against All Defendants by Patricia GOMEZ. Attorney Okojie, Odion L. added. (Filing fee $ 402, receipt number 0972-9613951) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Notice Notice of Interested Parties filed by Plaintiff)(Okojie, Odion) |
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