Other Event | Filed: September 03, 2026
| Entered: September 03, 2026
M. et al v. Berkeley Unified School District
P.I.: Other | California Northern
Clerk's Notice ~Util - Set Motion and Deadlines/Hearings 1 - Terminate Hearings
CLERK'S NOTICE RESETTING MOTION HEARING: To allow the new defendants to appear, the court continues the motion to 9/24/2026 at 9:30 a.m.
Motion Hearing 25 MOTION to Dismiss Second Amended Complaint previously set for 9/10/2026 is reset to 9/24/2026 at 9:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler.
Initial Case Management Conference previously set for 10/1/2026 is reset to 10/29/2026 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 10/22/2026. This proceeding will be held via a Zoom webinar.
(This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 9/3/2026)
Order | Filed: August 31, 2026
| Entered: August 31, 2026
M. et al v. Berkeley Unified School District
P.I.: Other | California Northern
Order
ORDER re Non-Appearing Individual Defendants.
On August 20, 2026, the Berkeley Unified School District updated the court that counsel for the individual defendants is Eric Bengston and that the appearance was expected shortly. (ECF No. 53 .) The court assumes that the representation extends to newly served defendant Irma Parker, personally served on August 2. (ECF No. 54 .) The court could be missing something, but does not see that defendants Flocchini, Hardy, McDonald, or Tesch were served or that there was waiver of service.
Given the pending motions, all parties, including non-appearing defendants, must consent to magistrate-judge jurisdiction before the court can rule on the motions. Williams v. King, 875 F.3d 500, 503-05 (9th Cir. 2017). Consent does not waive any defenses, including a defense to the adequacy of service. See, e.g., Feng v. County of Santa Clara, No. 19-cv-06877-LB, 2019 WL 7194475, at *1 n.1 (N.D. Cal. Dec. 26, 2019); Harper v. City of Cortez, No. 14-cv-02984-KLM, 2015 WL 4113825, at *3 (D. Colo. July 8, 2015); Geiche v. City and County of San Francisco, No. C 08-3233 JL, 2009 WL 1948830, at *9 (N.D. Cal. July 2, 2009). The court asks for an update by September 3, 2026, about the status of appearances and consent.
(This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc2, COURT STAFF) (Filed on 8/31/2026)