Six Noteworthy City Council Special Meeting Agenda Items, December 3, 2018

ABSTRACT:  Six Noteworthy City Council Special Meeting Agenda Items, December 3, 2018, including TOUR OF INSPECTION, CLOSED SESSION; OPEN SESSION including ANNOUNCEMENTS, PUBLIC APPEARANCES; CONSENT AGENDA including Monthly Reports for October: 1). City Administrator Contract Log; 2.) Community Planning and Building Department Reports; 3.) Police, Fire, and Ambulance Reports; 4.) Public Records Act Requests, and 5.) Forester Reports and Resolution 2018-123, awarding a construction contract to Smith Electric Service for an amount, including contingency, of $134,812 for HVAC modifications and upgrades at the Harrison Memorial and Park Branch Libraries, and approving a supplemental budget allocation of $48,562 from the Measure D fund balance to the capital project account. The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA CITY COUNCIL SPECIAL MEETING Monday, December 3, 2018 and Staff Report document copies are embedded.

Agenda City Council Special Meeting 12-03-18 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Monday, December 3, 2018

OPEN SESSION 4:30 PM

CALL TO ORDER AND ROLL CALL

TOUR OF INSPECTION 3:00 PM

A. Eighth Avenue between Mission Street and Junipero Avenue (Fountain Appeal).

CLOSED SESSION 3:30 PM

A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(D)(1) Name of Case: Jo-Ann Otlin v. City of Carmel-by-the-Sea and Does 1 to 20. Respondents/Defendants Monterey County Superior Court Case No.18CV001882.

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jacqueline Simonelli, Antonio C. Simonelli, Petitioners/Plaintiffs v. City of Carmel-by-the-Sea. (Supreme Court).

C. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to litigation pursuant to § 54956.9(b): (One case)

D. Conference with Labor Negotiator (§54957.6) - Agency designated representative: (Maxine Gullo, Ass't. City Administrator)

E. Contract Employee Performance Evaluation (§ 54957) Title: City Attorney

OPEN SESSION 4:30 PM

CALL TO ORDER AND ROLL CALL

ANNOUNCEMENTS

A. City Administrator Announcements

B. City Attorney Announcements

C. Closed Session Oral Report in accordance with GC § 54957.1(a)

D. Councilmember Announcements

PUBLIC APPEARANCES
Members of the Public are invited to speak on any item that does not appear on the Agenda and that is within the subject matter jurisdiction of the City Council. The exception is a Closed Session agenda, where speakers may address the Council on those items before the Closed Session begins. Speakers are usually given three (3) minutes to speak on any item; the time limit is in the discretion of the Chair of the meeting and may be limited when appropriate. Applicants and appellants in land use matters are usually given more time to speak. If an individual wishes to submit written information, he or she may give it to the City Clerk. Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.

CONSENT AGENDA
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.

1. Monthly Reports for October: 1). City Administrator Contract Log; 2.) Community Planning and Building Department Reports; 3.) Police, Fire, and Ambulance Reports; 4.) Public Records Act Requests, and 5.) Forester Reports.

Monthly Reports for October: 1). City Administrator Contract Log; 2.) Community Planning and Building Department Reports; 3.) Police, Fire, and Ambulance Reports; 4.) Public Records Act Requests, and 5.) Forester Reports.

3. Resolution 2018-123, awarding a construction contract to Smith Electric Service for an amount, including contingency, of $134,812 for HVAC modifications and upgrades at the Harrison Memorial and Park Branch Libraries, and approving a supplemental budget allocation of $48,562 from the Measure D fund balance to the capital project account.

Smith Electric Service Construction Contract 12-03-18 by L. A. Paterson on Scribd

Resolution 2018-123, awarding a construction contract to Smith Electric Service for an amount, including contingency, of $134,812 for HVAC modifications and upgrades at the Harrison Memorial and Park Branch Libraries, and approving a supplemental budget allocation of $48,562 from the Measure D fund balance to the capital project account.

ADJOURNMENT

Three Noteworthy City Council Regular Meeting Agenda Items, December 4, 2018

ABSTRACT:  Three Noteworthy City Council Special Meeting Agenda Items, December 4, 2018, including PUBLIC APPEARANCES; PUBLIC HEARINGS including CalPERS Pension Update and Consideration of an appeal of a decision by the Forest and Beach Commission to deny the removal of 13 public trees in order to construct a new sidewalk along the north side of Eighth Avenue, between Junipero Avenue and Mission Street. The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA REGULAR MEETING Tuesday, December 4, 2018 and Staff Report document copies are embedded.

Agenda City Council Regular Meeting 12-04-18 byL. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, December 4, 2018
OPEN SESSION 4:30 PM

CALL TO ORDER AND ROLL CALL

PUBLIC APPEARANCES
Members of the Public are invited to speak on any item that does not appear on the Agenda and that is within the subject matter jurisdiction of the City Council. The exception is a Closed Session agenda, where speakers may address the Council on those items before the Closed Session begins. Speakers are usually given three (3) minutes to speak on any item; the time limit is in the discretion of the Chair of the meeting and may be limited when appropriate. Applicants and appellants in land use matters are usually given more time to speak. If an individual wishes to submit written information, he or she may give it to the City Clerk. Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.

PUBLIC HEARINGS

1. CalPERS Pension Update

CalPERS Pension Update

2. Consideration of an appeal of a decision by the Forest and Beach Commission to deny the removal of 13 public trees in order to construct a new sidewalk along the north side of Eighth Avenue, between Junipero Avenue and Mission Street.

Consideration of an appeal of a decision by the Forest and Beach Commission to deny the removal of 13 public trees in order to construct a new sidewalk along the north side of Eighth Avenue, between Junipero Avenue and Mission Street.
 
ADJOURNMENT

CITY COUNCIL MINUTES: SPECIAL MEETING, November 5, 2018 & REGULAR MEETING, November 6, 2018

Minutes 12-03-18 by L. A. Paterson on Scribd

CITY COUNCIL MINUTES
SPECIAL MEETING, Monday, November 5, 2018
REGULAR MEETING, Tuesday, November 6, 2018

Statewide General Election County of Monterey Tuesday, November 6, 2018 Final Official Report CITY OF CARMEL-BY-THE-SEA, MAYOR & CITY COUNCIL

CITY OF CARMEL-BY-THE SEA, MAYOR (Vote for 1)

CANDIDATE	TOTAL (Polling Place, Vote by Mail)
STEVE G. DALLAS	571 (28.44%)
GENE HUGHES	230 (11.45%)
DAVE POTTER	1,207 (60.11%)
	2.008 TOTAL VOTES

Times Cast 2,135/2,566 83.20%

CITY OF CARMEL-BY-THE-SEA, MEMBER, CITY COUNCIL (Vote for 2)

CANDIDATE	TOTAL  (Polling Place, Vote by Mail)
CAROLYN HARDY	655 (22.70%)
CARRIE THEIS	947 (32.81%)
JEFF BARON	1,284 (44.49%)
	2,886 TOTAL VOTES

Times Cast 2,135/2,566 83.20%%

SOURCE: Statewide General Election

County of Monterey
Tuesday, November 6, 2018
Final Official Report

Royal Calkins’s Public Records Act (PRA) Request seeking 'reports and other written information stemming from the city’s investigation of sexual harassment allegations concerning Steve Dallas' based on Court Ruling that 'the report on a municipal investigation of a city official in Milpitas is clearly public record'

ABSTRACT: With regard to the investigation and subsequent report involving allegations of sexual harassment by Mayor Steve Dallas, Royal Calkins “asked Mozingo at the time to release the attorney’s report. “Attorney-client,” he replied in that way of his.” Moreover, on November 14, 2018, Royal Calkins posted “Also in the interim, an appellate court ruled that the report on a municipal investigation of a city official in Milpitas is clearly public record, which prompted me to repeat my public records request involving the Dallas matter — in writing this time, on Oct. 18, to be specific” in The Partisan: Dragging things out in Carmel Mozingo’s resumé is not the only record we’ve requested from the city, Voices of Monterey Bay. The legal case, believed to be TOM WILLIAMS, Petitioner and Plaintiff, v. CITY OF MILPITAS et al., Respondent and Defendants. and ALIYAH MOHAMMED et al., Real Parties in Interest. FIRST AMENDMENT COALITION, Petitioner, v. CITY OF MILPITAS, Respondent. Case No. 17CV309235 was decided by The Hon. Sunil R. Kulkarni, Judge of the Superior Court, May 24, 2018. The City of Milpitas Press Release (June 7, 2018) and FINAL STATEMENT OF DECISION CONCERNING PETITIONS FOR WRIT OF MANDATE AND COMPLAINTS FOR DECLARATORY RELIEF document copy is embedded.  Importantly, Kulkarni writes “This case is very similar to BRV. In that case, a school district's board hired an investigator to prepare a report examining allegations of misconduct by the district's superintendent. After receiving the report, the board allowed the superintendent to resign, paid the superintendent, and kept the report confidential. The BRV court ordered the report to be disclosed under section 6254(c), holding that "[t]he public's interest in judging how the elected board treated this situation far outweighed the Board's or [the superintendent]'s interest in keeping the matter quiet. Because of [the superintendent]'s position of authority as a public official and the public nature of the allegations, the public's interest in disclosure outweighed [the superintendent]'s interest in preventing disclosure of the [investigative] report." (BRV, supra, 143 Cal.App.4th at p. 759.)

FOR IMMEDIATE RELEASE

June 7, 2018

Contact:

Julie Edmonds-Mares, City Manager

City of Milpitas

Court Decision Supports Open Government for Milpitas

“Reverse Public Records Act” litigation by

former city manager overruled by Judge Kulkarni

FINAL STATEMENT OF DECISION CONCERNING PETITIONS FOR WRIT OF MANDATE AND COMPLAINTS FOR DECLARATORY RELIEF
SUPERIOR COURT OF THE STATE OF CALIFORNIA
SANTA CLARA COUNTY

TOM WILLIAMS, Petitioner and Plaintiff, v. CITY OF MILPITAS et al.,  Respondent and  Defendants. and ALIYAH MOHAMMED et al., Real Parties in Interest.
FIRST AMENDMENT COALITION, Petitioner, v. CITY OF MILPITAS, Respondent.
Case No. 17CV309235

REFERENCES:
NOVEMBER 14, 2018
The Partisan: Dragging things out in Carmel
Mozingo’s resumé is not the only record we’ve requested from the city
City Hall | City of Carmel-by-the-Sea
OPINION |
By Royal Calkins

New FAC Lawsuit To Tackle Growing Use of “Reverse CPRA” Suits
May 31, 2017 by 1stamendmnt

FAC Lawsuit Prompts Disclosure of Records Alleging Misconduct by Milpitas City Official
October 26, 2017 by 1stamendmnt

FAC Victory in “Reverse CPRA” Case: Court Orders Disclosure of Records Alleging Misconduct by Milpitas City Official
May 3, 2018 by Clara Hogan

FAC Attorneys Awarded $100k for Public Records Win
October 16, 2018 by 1stamendmnt

CITY OF CARMEL-BY-THE-SEA CITY COUNCIL REVISED SPECIAL MEETING AGENDA, November 27, 2018

City Council REVISED Agenda Special Meeting 11-27-18 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL REVISED AGENDA
CITY COUNCIL SPECIAL MEETING
Tuesday, November 27, 2018

Statewide General Election County of Monterey Tuesday, November 6, 2018 Semi-Final Official Report 09 CITY OF CARMEL-BY-THE-SEA

CITY OF CARMEL-BY-THE SEA, MAYOR (Vote for 1)

CANDIDATE	TOTAL (Polling Place, Vote by Mail)
STEVE G. DALLAS	570 (28.41%)
GENE HUGHES	230 (11.47%)
DAVE POTTER	1,206 (60.12%)
	2.006 TOTAL VOTES

Times Cast 2,132/2,566 83.09%

 CITY OF CARMEL-BY-THE-SEA, MEMBER, CITY COUNCIL (Vote for 2)

CANDIDATE	TOTAL  (Polling Place, Vote by Mail)
CAROLYN HARDY	655 (22.70%)
CARRIE THEIS	947 (32.82%)
JEFF BARON	1,283 (44.47%)
	2,885 TOTAL VOTES

Times Cast 2,132/2,566 83.09%%

SOURCE: Statewide General Election
County of Monterey
Tuesday, November 6, 2018
Semi-Final Official Report 09
(Certification of results expected the week of Nov. 26-30.)

U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:17-cv-03385-SV

U.S. District Court
California Northern District (San Jose)
CIVIL DOCKET FOR CASE #: 5:17-cv-03385-SV

Lininger v. Pfleger et al Assigned to: Magistrate Judge Susan van Keulen Referred to: Magistrate Judge Virginia K. DeMarchi (Settlement) Demand: $1,000,000,000 Case in other court:  9th circuit court of appeals, 18-15886 Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 06/12/2017 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff
Stacy Lininger	represented by	Steve J Andre  Attorney at Law 26080 Carmel Rancho Blvd. 200B Carmel, CA 93923-8736 (831)624-5786 Email: stevenjandre@hotmail.com ATTORNEY TO BE NOTICED
V.
Defendant
Sergeant Ronald Pfleger	represented by	Ryan M. Thompson  Law Office of Vincent P. Hurley 38 Seascape Village Aptos, CA 95003 831-661-4800 Fax: 831-661-4804 Email: rthompson@hurleylaw.com ATTORNEY TO BE NOTICED
Defendant
City of Carmel	represented by	Ryan M. Thompson  (See above for address) ATTORNEY TO BE NOTICED
Defendant
District Attorney Flippo Dean	represented by	William Merrill Litt  Office of the County Counsel County of Monterey 168 W. Alisal Street, 3rd Floor Salinas, CA 93901-2439 (831) 755-5045 Fax: (831) 755-5283 Email: littwm@co.monterey.ca.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
06/12/2017	1	COMPLAINT against defendants against All Plaintiffs ( Filing fee $ 400, receipt number 0971-11463283.). Filed byStacy Lininger. (Attachments: # 1 Summons summons, # 2 Civil Cover Sheet civil cover sheet)(Andre, Steve) (Filed on 6/12/2017) (Entered: 06/12/2017)
06/12/2017	2	Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/26/2017. (haS, COURT STAFF) (Filed on 6/12/2017) (Entered: 06/12/2017)
06/12/2017	3	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/5/2017. Initial Case Management Conference set for 9/12/2017 09:30 AM in Courtroom 6, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 6/12/2017) (Entered: 06/12/2017)
06/12/2017	4	Summons Issued as to City of Carmel, Flippo Dean, Ronald Pfleger. (cv, COURT STAFF) (Filed on 6/12/2017) (Entered: 06/12/2017)
06/27/2017	5	CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 7/11/2017. Please note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. Form is attached and also available at: http://cand.uscourts.gov/civilforms. (ofr, COURT STAFF) (Filed on 6/27/2017) (Entered: 06/27/2017)
07/10/2017	6	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Stacy Lininger.. (Andre, Steve) (Filed on 7/10/2017) (Entered: 07/10/2017)
08/04/2017	7	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Litt, William) (Filed on 8/4/2017) (Entered: 08/04/2017)
08/04/2017	8	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Flippo Dean.. (Litt, William) (Filed on 8/4/2017) (Entered: 08/04/2017)
08/09/2017	9	ANSWER to Complaint with Jury Demand byCity of Carmel, Ronald Pfleger. (Thompson, Ryan) (Filed on 8/9/2017) (Entered: 08/09/2017)
08/09/2017	10	CLERK'S NOTICE Re: Consent or Declination: Defendants Sergeant Ronald Pfleger and City of Carmel shall file a consent or declination to proceed before a magistrate judge by 8/23/2017. Please note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. Form is attached and also available at: http://cand.uscourts.gov/civilforms. (ofr, COURT STAFF) (Filed on 8/9/2017) (Entered: 08/09/2017)
08/11/2017	11	MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by Flippo Dean. Motion Hearing set for 9/26/2017 10:00 AM in Courtroom 6, 4th Floor, San Jose before Magistrate Judge Susan van Keulen. Responses due by 8/25/2017. Replies due by 9/1/2017. (Attachments: # 1 Request for Judicial Notice, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Litt, William) (Filed on 8/11/2017) (Entered: 08/11/2017)
08/11/2017	12	CLERK'S NOTICE SETTING DEADLINE FOR DEFENDANTS SERGEANT RONALD PFLEGER AND CITY OF CARMEL TO SUBMIT A CONSENT OR DECLINATION TO PROCEED BEFORE A U.S. MAGISTRATE JUDGE: At filing, this matter was randomly assigned to United States Magistrate Judge Susan van Keulen for all purposes including trial. A hearing has been scheduled for Tuesday, September 26, 2017 at 10:00 AM. Pursuant to 28 U.S.C. section 636, the magistrate judge cannot decide this motion unless all parties consent to proceed before Judge Susan van Keulen. Defendants Sergeant Ronald Pfleger and City of Carmel shall file a consent or declination to proceed before a magistrate judge by 8/18/2017. Please note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. Form is attached and also available at: http://cand.uscourts.gov/civilforms. (ofrS, COURT STAFF) (Filed on 8/11/2017) (Entered: 08/11/2017)
08/11/2017	13	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City of Carmel, Ronald Pfleger.. (Thompson, Ryan) (Filed on 8/11/2017) (Entered: 08/11/2017)
08/11/2017	14	CLERK'S NOTICE RESETTING SEPTEMBER 12, 2017 INITIAL CASE MANAGEMENT CONFERENCE AND SEPTEMBER 26, 2017 11 MOTION TO DISMISS HEARING. 9/26/2017 11Motion to Dismiss Hearing is reset to 9/28/2017 at 9:30 AM (SPECIAL SET) in Courtroom 6, 4th Floor San Jose before Magistrate Judge Susan van Keulen. 9/12/2017 Initial Case Management Conference is reset to 10/12/2017 at 9:30 AM (SPECIAL SET) in Courtroom 6, 4th Floor, San Jose before Magistrate Judge Susan van Keulen. (This is a text-only entry generated by the court. There is no document associated with this entry (ofr, COURT STAFF) (Filed on 8/11/2017) (Entered: 08/11/2017)
08/22/2017	15	STIPULATION WITH PROPOSED ORDER TO CONTINUE DEFENDANT FLIPPO'S FRCP 12(b)(6) MOTION TO DISMISS filed by Flippo Dean. (Litt, William) (Filed on 8/22/2017) (Entered: 08/22/2017)
08/22/2017	16	STIPULATION AND ORDER TO CONTINUE DEFENDANT FLIPPO'S FRCP 12(b)(6) MOTION TO DISMISS, granting-as-modified 15 . Signed by Magistrate Judge Susan van Keulen on 8/22/2017. (ofr, COURT STAFF) (Filed on 8/22/2017) (Entered: 08/22/2017)
08/22/2017	17	CLERK'S NOTICE RESETTING OCTOBER 12, 2017 INITIAL CASE MANAGEMENT CONFERENCE: 10/12/2017 Initial Case Management Conference is hereby reset to 11/7/2017 at 9:30 AM in Courtroom 6, 4th Floor, San Jose before Magistrate Judge Susan van Keulen. Joint Case Management Statement due by 10/31/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 8/22/2017) (Entered: 08/22/2017)
08/22/2017	18	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Thompson, Ryan) (Filed on 8/22/2017) (Entered: 08/22/2017)
08/22/2017	19	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Thompson, Ryan) (Filed on 8/22/2017) (Entered: 08/22/2017)
08/22/2017	20	STIPULATION and Proposed Order selecting Early Neutral Evaluation by Flippo Dean filed by Flippo Dean. (Litt, William) (Filed on 8/22/2017) (Entered: 08/22/2017)
08/30/2017	21	ORDER REFERRING CASE to Early Neutral Evaluation, granting 20 . Deadline: 90 days from the date of this order. Signed by Magistrate Judge Susan van Keulen on 8/30/2017. (ofr, COURT STAFF) (Filed on 8/30/2017) (Entered: 08/30/2017)
09/05/2017	22	OPPOSITION to MOTION TO DISMISS (re 11 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by defendant Dean Flippo filed by Stacy Lininger. (Andre, Steve) (Filed on 9/5/2017) Modified on 9/6/2017 (bwS, COURT STAFF). (Entered: 09/05/2017)
09/06/2017	23	PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS FILED BY DEFENDANT DEAN FLIPPO (re 11 MOTION to Dismiss Pursuant to FRCP 12(b)(6) ) filed by Stacy Lininger. (Andre, Steve) (Filed on 9/6/2017) Modified on 9/7/2017 (bwS, COURT STAFF). (Entered: 09/06/2017)
09/06/2017	24	STIPULATION AND [PROPOSED] ORDER TO CONTINUE TIME FOR FILING OPPOSITION AND REPLY REGARDING DEFENDANT FLIPPOS FRCP 12(b)(6) MOTION TO DISMISS re 11 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by Stacy Lininger. (Andre, Steve) (Filed on 9/6/2017) Modified on 9/7/2017 (bwS, COURT STAFF). (Entered: 09/06/2017)
09/07/2017	25	STIPULATION AND ORDER TO CONTINUE TIME FOR FILING OPPOSITION AND REPLY REGARDING DEFENDANT FLIPPO'S FRCP 12(b)(6) MOTION TO DISMISS, granting 24 . Signed by Magistrate Judge Susan van Keulen on 9/7/2017. (ofr, COURT STAFF) (Filed on 9/7/2017) (Entered: 09/07/2017)
09/14/2017	26	STIPULATION WITH PROPOSED ORDER (Protective Order) filed by City of Carmel, Ronald Pfleger. (Thompson, Ryan) (Filed on 9/14/2017) (Entered: 09/14/2017)
09/14/2017	27	ADR Clerk's Notice Appointing Patrick Robbins as ENE Evaluator. (af, COURT STAFF) (Filed on 9/14/2017) (Entered: 09/14/2017)
09/19/2017	28	REPLY (re 11 MOTION to Dismiss Pursuant to FRCP 12(b)(6) ) filed byFlippo Dean. (Attachments: # 1 Certificate/Proof of Service)(Litt, William) (Filed on 9/19/2017) (Entered: 09/19/2017)
09/22/2017	29	STIPULATED PROTECTIVE ORDER, granting Docket No. 26 . Signed by Magistrate Judge Susan van Keulen on 9/22/2017. (ofr, COURT STAFF) (Filed on 9/22/2017) (Entered: 09/22/2017)
10/24/2017	30	Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Hearing held on 10/24/2017 re 11 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by Flippo Dean. Counsel present oral arguments. The Court takes matter under submission; written order to be issued. FTR Time: 10:00 to 10:36 (36 mins.) For Plaintiff(s): Steve Andre. For Defendant(s): William Litt. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Date Filed: 10/24/2017) (Entered: 10/24/2017)
10/26/2017	31	CLERK'S NOTICE VACATING NOVEMBER 7, 2017 INITIAL CASE MANAGEMENT CONFERENCE: Please take notice that the Initial Case Management Conference presently set for 11/7/2017 at 9:30 AM before Magistrate Judge Susan van Keulen is hereby vacated. The Court will reschedule Initial Case Management Conference at a future date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 10/26/2017) (Entered: 10/26/2017)
11/06/2017	32	***ORDER WITHDRAWN PURSUANT TO ECF NO. 38 ***ORDER GRANTING 11 DEFENDANT FLIPPO'S MOTION TO DISMISS WITH LEAVE TO AMEND IN PART. Signed by Magistrate Judge Susan van Keulen on 11/6/2017. (ofr, COURT STAFF) (Filed on 11/6/2017) Modified on 12/21/2017 (ofr, COURT STAFF). (Entered: 11/06/2017)
11/13/2017	33	MOTION for Reconsideration re 32 Order on Motion to Dismiss filed by Stacy Lininger. (Attachments: # 1 Supplement points & authorities)(Andre, Steve) (Filed on 11/13/2017) (Entered: 11/13/2017)
11/13/2017	34	MOTION for Reconsideration Notice of Motion filed by Stacy Lininger. (Andre, Steve) (Filed on 11/13/2017) (Entered: 11/13/2017)
11/14/2017		Set/Reset Hearing ENE Hearing set for 11/27/2017 09:30 AM., at the U.S. District Court, 280 So. First Street, San Jose, CA 95113. (af, COURT STAFF) (Filed on 11/14/2017) (Entered: 11/14/2017)
11/17/2017	35	ORDER GRANTING LEAVE TO FILE MOTION FOR RECONSIDERATION AND SETTING BRIEFING SCHEDULE: The Court directs defendants to file a response to Plaintiff's motion for reconsideration (ECF 33 ) on or before 12/8/2017. Plaintiff may file a reply by 12/15/2017. The Court will take the matter under submission without oral argument. In the order granting Defendant's motion to dismiss, the Court set a deadline for Plaintiff to file an amended complaint by 11/28/2017. ECF 32 at 12. That deadline is vacated, and the Court will set a new date after ruling on the motion for reconsideration. Signed by Magistrate Judge Susan van Keulen on 11/17/2017. (ofr, COURT STAFF) (Filed on 11/17/2017) (Entered: 11/17/2017)
12/08/2017	36	OPPOSITION/RESPONSE (re 33 MOTION for Reconsideration re 32 Order on Motion to Dismiss ) filed byFlippo Dean. (Attachments: # 1 Certificate/Proof of Service)(Litt, William) (Filed on 12/8/2017) (Entered: 12/08/2017)
12/15/2017	37	PLAINTIFFS REPLY TO OPPOSITION TO MOTION FOR NEW TRIAL / RECONSIDERATION OF THE COURTS 11/6/17 ORDER (re 33 MOTION for Reconsideration re 32 Order on Motion to Dismiss filed by Stacy Lininger. (Andre, Steve) (Filed on 12/15/2017) Modified on 12/18/2017 (bwS, COURT STAFF). (Entered: 12/15/2017)
12/21/2017	38	ORDER GRANTING PLAINTIFF'S MOTION FOR RECONSIDERATION; WITHDRAWING AND REPLACING ORDER AT ECF 32 . Signed by Magistrate Judge Susan van Keulen on 12/21/2017. (ofr, COURT STAFF) (Filed on 12/21/2017) (Entered: 12/21/2017)
01/22/2018	39	AMENDED COMPLAINT against defendants Filed by Stacy Lininger. (Andre, Steve) (Filed on 1/22/2018) Modified on 1/23/2018 (cv, COURT STAFF). (Entered: 01/22/2018)
02/02/2018	40	Certification of ADR Session by Evaluator Patrick D. Robbins: I hereby certify that the parties in this matter held an ENE session on November 27, 2017. The case did not settle. Further facilitated discussions are not expected. ENE is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 2/2/2018) (Entered: 02/02/2018)
02/05/2018	41	ANSWER to Amended Complaint byCity of Carmel, Ronald Pfleger. (Thompson, Ryan) (Filed on 2/5/2018) (Entered: 02/05/2018)
02/05/2018	42	First MOTION to Dismiss Amended Complaint Pursuant FRCP Rule 12(b)(6); Memorandum of Points & Authorities filed by Flippo Dean. Motion Hearing set for 3/20/2018 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 2/20/2018. Replies due by 2/27/2018. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3Certificate/Proof of Service)(Litt, William) (Filed on 2/5/2018) (Entered: 02/05/2018)
02/20/2018	43	OPPOSITION/RESPONSE (re 42 First MOTION to Dismiss Amended Complaint Pursuant FRCP Rule 12(b)(6); Memorandum of Points & Authorities ) filed byStacy Lininger. (Andre, Steve) (Filed on 2/20/2018) (Entered: 02/20/2018)
02/27/2018	44	REPLY (re 42 First MOTION to Dismiss Amended Complaint Pursuant FRCP Rule 12(b)(6); Memorandum of Points & Authorities ) filed byFlippo Dean. (Litt, William) (Filed on 2/27/2018) (Entered: 02/27/2018)
02/27/2018	45	CERTIFICATE OF SERVICE by Flippo Dean re 44 Reply to Opposition/Response (Litt, William) (Filed on 2/27/2018) (Entered: 02/27/2018)
03/20/2018	46	Minute Entry for proceedings held before Magistrate Judge Susan van Keulen. Motion Hearing held on 3/20/2018 re 42 Motion to Dismiss Amended Complaint Pursuant FRCP Rule 12(b)(6) filed by Flippo Dean. Parties present oral arguments. The Court takes matter under submission; written order to be issued. The Court will allow leave to amend if motion to dismiss is granted but will set a condensed schedule. FTR Time: 10:56 to 11:24 (28 mins.) For Plaintiff(s): Steve Andre. For Defendant(s): William Litt. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Date Filed: 3/20/2018) (Entered: 03/20/2018)
04/04/2018	47	ORDER GRANTING 42 DEFENDANT DEAN FLIPPO'S MOTION TO DISMISS AMENDED COMPLAINT WITHOUT LEAVE TO AMEND. Signed by Magistrate Judge Susan van Keulen on 4/4/2018. (ofr, COURT STAFF) (Filed on 4/4/2018) (Entered: 04/04/2018)
04/10/2018	48	CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE: Initial Case Management Conference is set for 5/15/2018 at 9:30 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Joint Case Management Statement due by 5/8/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ofr, COURT STAFF) (Filed on 4/10/2018) (Entered: 04/10/2018)
04/16/2018	49	First MOTION for Reconsideration re 47 Order on Motion to Dismiss filed by Stacy Lininger. (Attachments: # 1 Supplement Points & Authorities, # 2 Supplement Request for Judicial Notice)(Andre, Steve) (Filed on 4/16/2018) (Entered: 04/16/2018)
04/25/2018	50	CLERK'S NOTICE RESETTING MAY 15, 2018 INITIAL CASE MANAGEMENT CONFERENCE BEFORE MAGISTRATE JUDGE SUSAN VAN KEULEN: 5/15/2018 Initial Case Management Conference is reset to 5/22/2018 at 9:30 AM in San Jose, Courtroom 6, 4th Floor, before Magistrate Judge Susan van Keulen. Joint Case Management Statement due by 5/15/2018.(This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 4/25/2018) (Entered: 04/25/2018)
04/26/2018	51	ORDER DENYING 49 LEAVE TO FILE PLAINTIFF'S MOTION FOR RECONSIDERATION. Signed by Magistrate Judge Susan van Keulen on 4/26/2018. (ofr, COURT STAFF) (Filed on 4/26/2018) (Entered: 04/26/2018)
05/15/2018	52	JOINT CASE MANAGEMENT STATEMENT filed by City of Carmel, Ronald Pfleger. (Thompson, Ryan) (Filed on 5/15/2018) (Entered: 05/15/2018)
05/15/2018	53	NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Stacy Lininger. Appeal of First MOTION for Reconsideration re 47 Order on Motion to Dismiss 49 , Order on Motion to Dismiss 47 , Order on Motion for Reconsideration 51 (Appeal fee FEE NOT PAID.) (Andre, Steve) (Filed on 5/15/2018) (Entered: 05/15/2018)
05/16/2018	54	USCA Case Number 18-15886 9th circuit court of appeals for 53 Notice of Appeal, filed by Stacy Lininger. (cv, COURT STAFF) (Filed on 5/16/2018) (Entered: 05/16/2018)
05/22/2018	55	Minute Entry for proceedings held before Magistrate Judge Susan van Keulen. Initial Case Management Conference held on 5/22/2018. The court sets the following case schedule: Last Day to Seek Leave to Amend Pleadings: 8/13/2018. Close of Fact Discovery: 1/25/2019. Expert Disclosure: 2/8/2019. Rebuttal Expert Disclosures: 3/1/2019. Close of Expert Discovery: 3/29/2019. Dispositive Motion Filing Deadline: 4/30/2019. Last Day to Hear Dispositive Motions: 6/4/2019 at 10:00 AM in Courtroom 6, 4th Floor, San Jose. Final Pretrial Conference: 7/11/2019 at 9:30 AM in Courtroom 6, 4th Floor, San Jose. Jury Selection/Jury Trial: 8/5/2019 at time TBD in Courtroom 6, 4th Floor, San Jose. Further Case Management Conference: 2/5/2019 at 9:30 AM in Courtroom 6, 4th Floor, San Jose. The court refers this matter to Magistrate Judge Virginia DeMarchi for settlement. Parties to complete settlement conference after close of fact discovery but before hearing on summary judgment motions. Parties may also schedule earlier if necessary. Parties are instructed to contact Judge DeMarchi's Courtroom Deputy Patricia Cromwell at 408-535-5365 to schedule settlement conference. Request for Admissions: limited to 50 per side excluding those directed to document authentication; parties may make a showing for good cause to request additional. FTR Time: 9:40 to 9:50 (10 mins.) For Plaintiff(s): Steve Andre. For Defendant(s): Ryan M. Thompson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Date Filed: 5/22/2018) (Entered: 05/22/2018)
05/24/2018	56	PDF with attached Audio File. Court Date & Time [ 5/22/2018 9:40:32 AM ]. File Size [ 4664 KB ]. Run Time [ 00:09:43 ]. (courtspeak). (Entered: 05/24/2018)