8:21-CV-01367
08/18/2021
Pending - Other Pending
Civil Right - Other Civil Right
James V. Selna
Karen E. Scott
Aaron Kheriaty
The Regents of The University of California
Michael V. Drake
Aaron Siri
Christopher D Wiest
Elizabeth A. Brehm
Caroline V. Tucker
Emily T Kuwahara
Charles F Robinson
Katharine Essick
Kristin J Madigan
Norman J Hamill
Suzanne Elizabeth Rode
Uri Niv
Proposed Order
Memorandum in Support of Motion to Dismiss
Main Document
Declaration of Harvey Risch, M.D in Support of Plaintiff's Reply to Defenda
Declaration of President Michael V. Drake, M.D.
Proposed Order
Docket(#44) MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss by Judge James V. Selna: Plaintiff Aaron Kheriaty, M.D., ("Kheriaty") filed a complaint seeking declaratory and injunctive relief based on the alleged unconstitutionality of the University of California's COVID-19 vaccine policy. Compl., Dkt. No. #1 . Defendant Regents of the University of California ("The Regents") filed a motion to dismiss the complaint. Mot. Dkt. No. #32 . The Regents argue that the claims against it are barred by the Eleventh Amendment. Mot. at 2-3. Kheriaty subsequently filed a voluntary dismissal of The Regents as a defendant. Dkt. No. #40 . Accordingly, the Court DENIES the motion as moot and VACATES the October18, 2021 hearing. (es) (Entered: 10/05/2021)
[-] Read LessDocket(#43) Text Only Order GRANTING REQUEST to Vacate Defendant the Regents of the University of California's Request to Vacate the Hearing on Its Motion to Dismiss #42 by Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 10/05/2021)
[-] Read LessDocket(#42) REQUEST to Vacate Defendant the Regents of the University of California's Request to Vacate the Hearing on Its Motion to Dismiss filed by Defendant The Regents of The University of California. (Kuwahara, Emily) (Entered: 10/04/2021)
[-] Read LessDocket(#41) *AMENDED 10/5/21 #39 ** MINUTE ORDER [IN CHAMBERS] Order Regarding Motion for Preliminary Injunction by Judge James V. Selna: Plaintiff Aaron Kheriaty, M.D., ("Kheriaty") filed a motion for a preliminary injunction. Mot., Dkt. No. #15 . Defendant Regents of the University of California ("The Regents") filed a response. Opp'n, Dkt. No. #22 . Kheriaty filed a reply. Reply, Dkt. No. #31 . For the following reasons, the Court DENIES the motion. [See document for details.] (es) (Entered: 10/04/2021)
[-] Read LessDocket(#40) NOTICE OF DISMISSAL filed by Plaintiff Aaron Kheriaty pursuant to FRCP 41a(1) as to The Regents of The University of California. (Brehm, Elizabeth) (Entered: 09/29/2021)
[-] Read LessDocket(#39) MINUTES [IN CHAMBERS] Order Regarding Motion for Default Judgment and Permanent Injunction by Judge James V. Selna: Plaintiff Aaron Kheriaty, M.D., ("Kheriaty") filed a motion for a preliminary injunction. Mot., Dkt. No. #15 . Defendant Regents of the University of California ("The Regents") filed a response. Opp'n, Dkt. No. #22 . Kheriaty filed a reply. Reply, Dkt. No. #31 . For the following reasons, the Court DENIES the motion. [See document for additional information.] (es) (Entered: 09/29/2021)
[-] Read LessDocket(#38) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation to Dismiss Defendant #36 by Judge James V. Selna. The document is stricken and counsel is ordered to file an amended or corrected document by 10/4/2021. (es) (Entered: 09/28/2021)
[-] Read LessDocket(#37) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Dismiss Party #36 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Incorrect document is attached to the docket entry. Incorrect event selected. Correct event to be used is: Other Filings: Stipulation - Dismiss Case. Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) (Entered: 09/28/2021)
[-] Read LessDocket(#36) [STRICKEN BY ORDER OF THE COURT SEE DKT. #38 ] STIPULATION to Dismiss Defendant The Regents of The University of California filed by Plaintiff Aaron Kheriaty.(Brehm, Elizabeth) Modified on 9/28/2021 (es). (Entered: 09/27/2021)
[-] Read LessDocket(#35) ORDER by Judge James V. Selna: Granting #20 Non-Resident Attorney Aaron Siri APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff(s) Aaron Kheriaty, M.D., designating Caroline Tucker as local counsel. (es) (Entered: 09/21/2021)
[-] Read LessDocket(#10) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Michael V. Drake. (car) (Entered: 08/19/2021)
[-] Read LessDocket(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant The Regents of The University of California. (car) (Entered: 08/19/2021)
[-] Read LessDocket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) (Entered: 08/19/2021)
[-] Read LessDocket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 08/19/2021)
[-] Read LessDocket(#6) NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (car) (Entered: 08/19/2021)
[-] Read LessDocket(#5) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff AARON KHERIATY, M.D.. (Tucker, Caroline) (Entered: 08/18/2021)
[-] Read LessDocket(#4) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff AARON KHERIATY, M.D.. (Tucker, Caroline) (Entered: 08/18/2021)
[-] Read LessDocket(#3) NOTICE of Interested Parties filed by Plaintiff AARON KHERIATY, M.D., (Tucker, Caroline) (Entered: 08/18/2021)
[-] Read LessDocket(#2) CIVIL COVER SHEET filed by Plaintiff AARON KHERIATY, M.D.. (Tucker, Caroline) (Entered: 08/18/2021)
[-] Read LessDocket(#1) COMPLAINT Receipt No: ACACDC-31833854 - Fee: $402, filed by Plaintiff AARON KHERIATY, M.D.. (Attorney Caroline V Tucker added to party AARON KHERIATY, M.D.(pty:pla))(Tucker, Caroline) (Entered: 08/18/2021)
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