San Diego Education Report
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San Diego Education Report
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San Diego
Education Report
News, information and ideas about our education system by Maura Larkins
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Date Filed # Docket Text
05/31/2016 1 COMPLAINT against Tristan Britt, Pradeep Khosla, Dominick Suvonnasupa ( Filing fee $ 400 receipt number
0974-9106607.), filed by The Koala. (Attachments: # 1 Cover Sheet)
The new case number is 3:16-cv-1296-JM-BLM. Judge Jeffrey T. Miller and Magistrate Judge Barbara Lynn Major are assigned to the case. (Loy,
John)(jao) (Additional attachment(s) added on 5/31/2016: # 2 Exhibit 1) (jao). (sjt). (Entered: 05/31/2016)
05/31/2016 2 REQUEST FOR JUDICIAL NOTICE by The Koala. (jao) (Entered: 05/31/2016)
05/31/2016 3 MOTION for Preliminary Injunction by The Koala. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of George L
iddle III)(jao) (Entered: 05/31/2016)
05/31/2016 4 Summons Issued.
Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jao) (Entered:
05/31/2016)
06/03/2016 5 Amended MOTION for Preliminary Injunction by The Koala. (Attachments: # 1 Proof of Service)(Loy, John) (rlu). (Entered:
06/03/2016)
06/14/2016 6 NOTICE of Appearance by Ryan T Darby on behalf of The Koala (Attachments: # 1 Proof of Service Proof of Service)(Darby,
Ryan)Attorney Ryan T Darby added to party The Koala (pty:pla) (rlu). (Entered: 06/14/2016)
06/20/2016 7 Joint MOTION Set Briefing Schedule Combining Briefing and Argument on Motion for Preliminary Injunction and Motion to
Dismiss by Tristan Britt, Pradeep Khosla, Dominick Suvonnasupa. (Attachments: # 1 Declaration of William J. Carroll in Support)(Cart,
Jean-Paul)Attorney Jean-Paul Phillip Cart added to party Tristan Britt(pty:dft), Attorney Jean-Paul Phillip Cart added to party Pradeep Khosla(pty:dft),
Attorney Jean-Paul Phillip Cart added to party Dominick Suvonnasupa(pty:dft) qc email re s/ signature on 6/21/2016 (rlu). (Entered: 06/20/2016)
06/23/2016 8 ORDER Granting 7 Joint Motion to Set Briefing and Hearing Schedule for Plaintiff's Motion for Preliminary Injunction and
Defendant's Motion to Dismiss: The hearing currently scheduled on Plaintiff's Motion for Preliminary Injunction on 7/18/2016 shall be vacated. (1)
8/15/2016: Defendants file a Motion to Dismiss Plaintiff's Verified Complaint under Rule 12(b)(6) and file an Opposition to Plaintiff's Motion for
Preliminary Injunction. (2) 8/29/2016: Plaintiff files an Opposition to Defendants' Motion to Dismiss and files a Reply In Support of Plaintiff's Motion for
Preliminary Injunction. (3) 9/5/2016: Defendants file a Reply In Support of Defendants' Motion to Dismiss. (4) 9/19/2016 at 10:00 AM: Combined hearing
on Defendants' Motion to Dismiss and Plaintiff's Motion for Preliminary Injunction. Signed by Judge Jeffrey T. Miller on 6/23/2016. (rlu) (Entered:
06/23/2016)
06/27/2016 9 NOTICE of Appearance of Counsel by William J Carroll on behalf of Tristan Britt, Pradeep Khosla, Dominick Suvonnasupa
(Carroll, William)Attorney William J Carroll added to party Tristan Britt(pty:dft), Attorney William J Carroll added to party Pradeep Khosla(pty:dft),
Attorney William J Carroll added to party Dominick Suvonnasupa(pty:dft) (rlu). (Entered: 06/27/2016)
06/29/2016 10 FIRST AMENDED COMPLAINT against Pradeep Khosla, Daniel Juarez, Justin Pennish, filed by The Koala.
(Attachments: # 1 Proof of Service)New Summons Requested. (Loy, John) (rlu). (Entered: 06/29/2016)
06/30/2016 11 ACKNOWLEDGEMENT OF SERVICE Executed as to 1 Complaint, 2 Request for Judicial Notice, 3 MOTION for Preliminary
Injunction, 4 Summons Issued, 5 Amended MOTION for Preliminary Injunction Acknowledgement filed by The Koala. (Attachments: # 1 Proof of
Service)(Loy, John) (dls). (Entered: 06/30/2016)
06/30/2016 12 Amended Summons Issued.
Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (rlu) (Entered: 0
6/30/2016)
08/05/2016 13 ACKNOWLEDGEMENT OF SERVICE Executed as to 10 Amended Complaint For Declaratory
and Injunctive Relief Acknowledgement filed by The Koala. (Attachments: # 1 Proof of Service)(Loy, John) qc email re incorrect event used on 8/8/2016
(rlu). (Entered: 08/05/2016)
08/05/2016 14 ACKNOWLEDGEMENT OF SERVICE Executed as to 10 Amended Complaint For Declaratory and Injunctive Relief
Acknowledgement filed by The Koala. (Attachments: # 1 Proof of Service)(Loy, John) qc email re incorrect event used on 8/8/2016 (rlu). (Entered:
08/05/2016)
08/12/2016 15 NOTICE of Appearance by Matthew William Callahan on behalf of Tristan Britt, Pradeep Khosla, Dominick Suvonnasupa
(Callahan, Matthew)Attorney Matthew William Callahan added to party Tristan Britt(pty:dft), Attorney Matthew William Callahan added to party Pradeep
Khosla(pty:dft), Attorney Matthew William Callahan added to party Dominick Suvonnasupa(pty:dft)(rlu). (Entered: 08/12/2016)
08/15/2016 16 MOTION to Dismiss for Failure to State a Claim by Daniel Juarez, Pradeep Khosla, Justin
Pennish. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 [Proposed] Order)(Carroll, William)Attorney William J
Carroll added to party Daniel Juarez(pty:dft), Attorney William J Carroll added to party Justin Pennish(pty:dft) qc email re lacking pos and proposed
order on 8/16/2016 (rlu). (Entered: 08/15/2016)
08/15/2016 17 RESPONSE in Opposition re 5 Amended MOTION for Preliminary Injunction filed by Daniel Juarez, Pradeep Khosla, Justin
Pennish. (Attachments: # 1 Declaration of Dominick Suvonnasupa, # 2 Declaration of Daniel Juarez, # 3 Declaration of Tristan Britt, # 4 Declaration of
Jean-Paul P. Cart, # 5 Exhibit 1 of Cart Decl., # 6 Exhibit 2 of Cart Decl., # 7 Exhibit 3 of Cart Decl., # 8 Exhibit 4 of Cart Decl., # 9 Exhibit 5 of Cart Decl.,
# 10 Exhibit 6 of Cart Decl., # 11 Exhibit 7 of Cart Decl., # 12 Exhibit 8 of Cart Decl., # 13 Exhibit 9 of Cart Decl., # 14 Exhibit 10 of Cart Decl., # 15
Exhibit 11 of Cart Decl., # 16 Exhibit 12 of Cart Decl., # 17 Exhibit 13 of Cart Decl.)(Carroll, William) qc email re lacking pos on 8/16/2016 (rlu). (Entered:
08/15/2016)
08/16/2016 18 CERTIFICATE OF SERVICE by Daniel Juarez, Pradeep Khosla, Justin Pennish re 16 MOTION to Dismiss for Failure to State a
Claim (Carroll, William) (jpp). (Entered: 08/16/2016)
08/16/2016 19 CERTIFICATE OF SERVICE by Daniel Juarez, Pradeep Khosla, Justin Pennish re 17 Response in Opposition to Motion,,,
(Carroll, William) (jpp). (Entered: 08/16/2016)
08/29/2016 20 RESPONSE in Opposition re 16 MOTION to Dismiss for Failure to State a Claim filed by
The Koala. (Attachments: # 1 Proof of Service)(Loy, John) (rlu). (Entered: 08/29/2016)
08/29/2016 21 REPLY to Response to Motion re 5 Amended MOTION for Preliminary Injunction filed by The Koala. (Attachments: # 1
Declaration, # 2 Proof of Service)(Loy, John) (rlu). (Entered: 08/29/2016)
09/05/2016 22 REPLY to Response to Motion re 16 MOTION to Dismiss for Failure to State a Claim
filed by Daniel Juarez, Pradeep Khosla, Justin Pennish. (Attachments: # 1 Proof of Service)(Carroll, William) (rlu). (Entered: 09/05/2016)
09/19/2016 23 Minute Entry for proceedings held before Judge Jeffrey T. Miller: Motion Hearing held on 9/19/2016. Submiting 5 Amended
MOTION for Preliminary Injunction, 16] MOTION to Dismiss for Failure to State a Claim. Court to issue written order. (Court Reporter/ECR Juliet
Eichenlaub). (Plaintiff Attorney Ryuan Darby; John David Loy). (Defendant Attorney William J. Carroll; Matthew William Callahan). (no document
attached) (gac) (Entered: 09/19/2016)
11/01/2016 24 ORDER Denying 5 Motion for Preliminary Injunction; Granting 16 Motion to
Dismiss; Granting Leave to Amend. The Court grants Plaintiff 14 days leave to amend from the date
of entry of this order. Signed by Judge Jeffrey T. Miller on 11/1/2016. (rlu) (Entered: 11/01/2016)
11/15/2016 25 AMENDED COMPLAINT Second Amended Complaint for Declaratory Relief
and Injunctive Relief against All Defendants, filed by The Koala. (Attachments: # 1 Exhibit, # 2 Exhibit Redlined version of complaint, # 3 Proof
of Service) (Loy, John) (dxj). (Entered: 11/15/2016)
11/23/2016 26 Joint MOTION for Extension of Time to File Motion to Dismiss; Set Briefing and
Hearing Schedule by Daniel Juarez, Pradeep Khosla, Justin Pennish. (Attachments: # 1 Declaration of William J. Carroll)(Cart, Jean-Paul)Attorney
Jean-Paul Phillip Cart added to party Daniel Juarez(pty:dft), Attorney Jean-Paul Phillip Cart added to party Justin Pennish(pty:dft)(rlu). (Entered:
11/23/2016)
11/28/2016 27 ORDER Granting 26 Joint Motion for a
Scheduling Order. The anticipated motion to dismiss the First
Amended Complaint shall be filed no later than 1/2/2017, an
opposition brief by 1/16/2017, and a reply brief by 1/23/2017. Oral
argument is calendared for 1/30/2017 at 10:00 AM. Signed by Judge Jeffrey T. Miller on 11/28/2016. (rlu)
(Entered: 11/28/2016)
U.S. District Court
Southern District of California (San Diego)
CIVIL DOCKET FOR CASE #: 3:16-cv-01296-JM-BLM
The Koala v. Khosla et al
Assigned to: Judge Jeffrey T. Miller
Referred to: Magistrate Judge Barbara Lynn Major
Cause: 28:2201ij Injunction
Date Filed: 05/31/2016
Jury Demand: None
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
The Koala an unincorporated student association
represented by John David Loy
ACLU Foundation of San Diego and Imperial Counties
PO Box 87131
San Diego, CA 92138
(619) 232-2121
Fax: (619)232-0036
Email: davidloy@aclusandiego.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan T Darby
Law Office of Ryan T. Darby
525 B Street
Suite 1500
San Diego, CA 92101
619-858-4766
Fax: 619-243-7226
Email: darby@darby-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Pradeep Khosla
in his official capacity as Chancellor of the University of California, San Diego represented
by Jean-Paul Phillip Cart
Schiff Hardin LLP
One Market
Spear Street Tower, 31st Floor
San Francisco, CA 94105
415-901-8700
Fax: 415-901-8701
Email: jcart@schiffhardin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Matthew William Callahan
Schiff Hardin LLP
One Market, Spear Twr.
32nd Floor
San Francisco, CA 94105
415-901-8700 x8646
Fax: 415-901-8701
Email: mcallahan@schiffhardin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J Carroll
Schiff Hardin LLP
One Market Plaza
Suite 3200, Spear Street Tower
San Francisco, CA 94105-1116
415-901-8700
Fax: 415-901-8701
Email: wcarroll@schiffhardin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Dominick Suvonnasupa
in his official capacity as President of the Associated Students of the University of California,
San Diego
TERMINATED: 06/29/2016 represented by Jean-Paul Phillip Cart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J Carroll
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Matthew William Callahan
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Tristan Britt
in his official capacity as Financial Controller of the Associated Students of the University of
California, San Diego
TERMINATED: 06/29/2016 represented by Jean-Paul Phillip Cart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J Carroll
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Matthew William Callahan
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Daniel Juarez
in his official capacity as President of the Associated Students of the University of California,
San Diego represented by William J Carroll
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jean-Paul Phillip Cart
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Justin Pennish
in his official capacity as Financial Controller of the Associated Students of the University of
California, San Diego represented by William J Carroll
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jean-Paul Phillip Cart
(See above for address)
ATTORNEY TO BE NOTICED