Fresno Rock Taco, LLC, et al. v. Rodriguez, et al.

Filing 166

ORDER SETTING Briefing Schedule on Plaintiff Zone Sports, LLC's Standing Under the Fourth Amendment. By no later than 12:00 p.m. on July 8, 2016, Plaintiffs SHALL file a brief of no more than 10 pages, exclusive of supporting declaration s and exhibits, addressing whether Plaintiff Zone Sports, LLC, is an appropriate plaintiff in this matter. By no later than end of day July 13, 2016, Defendant SHALL file a response to Plaintiff's brief of no more than 10 pages, exclusive of su pporting declarations and exhibits. By no later than 12:00 p.m. on July 15, 2016, Plaintiffs SHALL file a reply to Defendant's response of no more than 5 pages, exclusive of supporting declarations and exhibits. A hearing on the issue of Plain tiff Zone Sports, LLC's standing to pursue a claim for violation of the Fourth Amendment is set for July 20, 2016. at 11:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The Pre-Trial Conference is CONTINUED to August 2, 2016 , at 03:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. By no later than July 27, 2016, the parties are ORDERED to file a supplemental Joint Pretrial Statement pursuant to Local Rule 281(a)(2) addressing the changes to Plaintiffs' claims, if any, resulting from the Court's order on Plaintiff Zone Sports, LLC's standing to pursue a Fourth Amendment claim. Order signed by Magistrate Judge Sheila K. Oberto on 6/23/2016. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO ROCK TACO, LLC, a California
limited liability corporation; ZONE SPORTS
CENTER, LLC, a California limited liability
corporation; THE FINE IRISHMAN, LLC, a
California limited liability corporation; HEIDI
BARBIS, an individual; MILTON PETER
BARBIS, and individual; HEIDI BARBOS as
guardian ad litem for CLAIRE BARBIS, a
minor

ORDER SETTING BRIEFING
SCHEDULE ON PLAINTIFF ZONE
SPORTS, LLC’S STANDING UNDER THE
FOURTH AMENDMENT

Plaintiffs,
v.
BEN RODRIGUEZ, an individual;,
BRENDAN RHAMES, an individual;
GEORGEANNE WHITE, an individual; THE
CITY OF FRESNO; a California municipality;
and DOES 1-100 inclusively,

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Case No. 1:11-cv-00622-SKO

Defendants.
_____________________________________/

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On June 23, 2016, the parties appeared for a telephonic pre-trial conference. Plaintiffs

23 Zone Sports, LLC, and Claire Barbis were represented by Douglas Thornton, Esq., and Defendant
24 Ben Rodriguez was represented by Stephen Pass, Esq.
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The Court informed the parties that because outstanding threshold legal issues remained

26 unresolved before trial, the Court would sua sponte order briefing on the dispositive issue of
27 Plaintiff Zone Sports, LLC’s standing to pursue a Fourth Amendment violation against Defendant
28 Ben Rodriguez.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

By no later than 12:00 p.m. on July 8, 2016, Plaintiffs SHALL file a brief of no

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more than 10 pages, exclusive of supporting declarations and exhibits, addressing

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whether Plaintiff Zone Sports, LLC, is an appropriate plaintiff in this matter,

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specifically addressing:

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a.

Plaintiff Zone Sports, LLC’s standing to claim a Fourth Amendment

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violation as to the search warrant and the search of each of the following

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properties pursuant to the warrant:

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i.

2536 W. Stuart Avenue, Fresno, CA 93711;

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ii.

3950 N. Cedar Avenue, Fresno, CA 93711;

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iii.

4020 N. Cedar Avenue, Fresno, CA 93711; and

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iv.

4000 N. Cedar Avenue, Fresno, CA 93711.

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2.

By no later than end of day July 13, 2016, Defendant SHALL file a response to

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Plaintiff’s brief of no more than 10 pages, exclusive of supporting declarations and

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exhibits;

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3.

By no later than 12:00 p.m. on July 15, 2016, Plaintiffs SHALL file a reply to

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Defendant’s response of no more than 5 pages, exclusive of supporting declarations

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and exhibits;

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4.

A hearing on the issue of Plaintiff Zone Sports, LLC’s standing to pursue a claim

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for violation of the Fourth Amendment is set for July 20, 2016, at 11:00 a.m. in

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Courtroom 7 before the Honorable Sheila K. Oberto. The parties may request

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telephonic appearances, and all parties wishing to appear telephonically shall

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coordinate one conference call to the Court at [phone] at the time and date

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for the conference; and

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5.

The Pre-Trial Conference is CONTINUED to August 2, 2016, at 3:30 p.m., in
Courtroom 7 before the Honorable Sheila K. Oberto.

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By no later than July 27, 2016, the parties are ORDERED to file a supplemental Joint

2 Pretrial Statement pursuant to Local Rule 281(a)(2) addressing the changes to Plaintiffs’ claims, if
3 any, resulting from the Court’s order on Plaintiff Zone Sports, LLC’s standing to pursue a Fourth
4 Amendment claim. The parties are further ORDERED to submit a digital copy of their pretrial
5 statement

in

Microsoft

Word

format

directly

to

chambers

by

email

at

6 [e-mail]. The attention of counsel is directed to Rules 281 and 282 of the
7 Local Rules of the Eastern District of California, as to the obligations of counsel in preparing for
8 the pre-trial conference. The Court will insist upon strict compliance with those rules.
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IT IS SO ORDERED.

11 Dated:
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June 23, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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