Martinez et al v. The City of Fresno
| Desiree Martinez, Fresno Homeless Union, Faith in the Valley and Robert McCloskey |
| The City of Fresno |
| First Amendment Coalition, California News Publishers Association, Californians Aware, National Press Photographers Association, Northern California Chapter of the Society of Professional Journalists and Reporters Committee for Freedom of the Press |
| 1:2022cv00307 |
| March 16, 2022 |
| US District Court for the Eastern District of California |
| Ana de Alba |
| Stanley A Boone |
| Dale A Drozd |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.
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Filing 32
JOINT STATUS REPORT by Faith in the Valley, Fresno Homeless Union, Desiree Martinez, Robert McCloskey. (Thacher, Frances Cheston)
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Filing 31
MINUTE ORDER signed by District Judge Ana de Alba on 8/31/2022: (Text Only Entry) This matter is set for hearing before District Judge de Alba. The parties are ordered to submit a joint status report, not to exceed five pages, within 10 court days, that addresses the following: What is the procedural history of the case? Is the motion presently before the court still at issue for the parties? Have the parties engaged in settlement negotiations whether formally or informally? If so, when? Would the parties benefit from a mandatory settlement conference before a Magistrate Judge? Would the parties benefit from a status conference with Judge de Alba? The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and although the Court will continue working diligently to resolve all pending motions, it may still be months before the parties' pending motion is resolved. As such, in light of having the heaviest district court caseload in the nation, limited Court resources, and the need to prioritize criminal and older civil matters over more recently filed actions, this Court strongly encourages the parties to consent to conduct all further proceedings before a U.S. Magistrate Judge. (Hernandez, M)
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Filing 30
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of *District Judge Ana de Alba* to the bench of the Eastern District of California, this action is reassigned from *District Judge Dale A. Drozd* to District Judge Ana de Alba for all further proceedings. (Zignago, K.)
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Filing 29
TRANSCRIPT of Proceedings held on 5-11-22, Motion for Preliminary Injunction before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/24/2022. Redacted Transcript Deadline set for 7/1/2022. Release of Transcript Restriction set for 8/29/2022. (Hooven, Karen)
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Filing 28
ORDER RE: STIPULATION TO CONTINUE SCHEDULING CONFERENCE signed by Magistrate Judge Stanley A. Boone on 5/25/2022. IT IS HEREBY ORDERED the parties' stipulated request for a continuance of the scheduling conference (ECF No. #26 ) is GRANTED. The scheduling conference set for June 16, 2022 (ECF No. #3 ), is CONTINUED to November 22, 2022, at 10:00 a.m. in Courtroom 9. The parties shall file a joint scheduling report seven (7) days prior to the scheduling conference. (Gonzales, V)
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Filing 27
TRANSCRIPT REQUEST by Faith in the Valley, Fresno Homeless Union, Desiree Martinez, Robert McCloskey for proceedings held on 05/11/2022 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Kieschnick, Hannah)
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Filing 26
STIPULATION and PROPOSED ORDER for Continuing Mandatory Scheduling Conference and Related Deadlines by Faith in the Valley, Fresno Homeless Union, Desiree Martinez, Robert McCloskey. (Kieschnick, Hannah)
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Filing 25
ORDER GRANTING #6 Plaintiff's Motion for a Preliminary Injunction, signed by District Judge Dale A. Drozd on 5/24/2022. (Marrujo, C)
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Filing 24
MINUTES (Text Only) for proceedings held via video conference before District Judge Dale A. Drozd: MOTION HEARING RE PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION held on 5/11/2022. The matter is taken under submission. The Court to issue a written order. Plaintiffs Counsel Anthony Prince, Shilpi Agarwal, Angelica Salceda, C. Thacher, Hannah Kieschnick, Curtis Smith, Robert McCloskey, Alexandra Alvarado, Monica Price present. Defendants Counsel James Betts, Mandy Jeffcoach present. Court Reporter/CD Number: Karen Hooven. (Hernandez, M)
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Filing 23
MINUTE ORDER signed by District Judge Dale A. Drozd on 5/3/2022: (Text Only Entry) The Court ADVANCED the hearing addressing Plaintiff's Motion for Preliminary Injunction from 5/17/2022 to 5/11/2022 at 1:30 pm before District Judge Dale A. Drozd. The parties will be provided with the Zoom Meeting ID and access code by email. (Hernandez, M)
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Filing 22
REPLY by California News Publishers Association, Californians Aware, First Amendment Coalition, National Press Photographers Association, Northern California Chapter of the Society of Professional Journalists, Reporters Committee for Freedom of the Press to RESPONSE to #16 Motion for Miscellaneous Relief,. (Price, Monica)
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Filing 21
REPLY by The City of Fresno to RESPONSE to #13 Motion to Dismiss,. (Rubin, Joseph)
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Filing 20
OPPOSITION by The City of Fresno to #16 Motion for Miscellaneous Relief,. (Thomason, Jessica)
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Filing 19
REPLY by Faith in the Valley, Fresno Homeless Union, Desiree Martinez, Robert McCloskey to RESPONSE to #6 Motion for Preliminary Injunction,. (Kieschnick, Hannah)
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Filing 18
OPPOSITION by Faith in the Valley, Fresno Homeless Union, Desiree Martinez, Robert McCloskey to #13 Motion to Dismiss,. (Thacher, Frances Cheston)
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Filing 17
OPPOSITION by The City of Fresno to #6 Motion for Preliminary Injunction,. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration)(Rubin, Joseph)
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Filing 16
MOTION FOR LEAVE TO FILE AMICUS BRIEF re #6 Motion for Preliminary Injunction, by First Amendment Coalition, California News Publishers Association, Californians Aware, National Press Photographers Association, Northern California Chapter of the Society of Professional Journalists, Reporters Committee for Freedom of the Press. Attorney Price, Monica N. added. (Attachments: #1 Proposed Amicus Brief, #2 Proposed Order)(Price, Monica)
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Filing 15
NOTICE of APPEARANCE by Mandy Louise Jeffcoach on behalf of The City of Fresno. Attorney Jeffcoach, Mandy Louise added. (Jeffcoach, Mandy)
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Filing 14
MINUTE ORDER signed by District Judge Dale A. Drozd on 4/12/2022: (Text Only Entry) The parties are advised that in light of the ongoing public health emergency posed by the coronavirus (COVID-19) pandemic, and given the long-standing lack of judicial resources in the Eastern District of California, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. The parties are further advised that the deadlines for filing opposition and reply briefs are governed by Local Rule 230, which was recently amended.(Hernandez, M)
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Filing 13
MOTION to DISMISS by The City of Fresno. Attorney Rubin, Joseph D. added. Motion Hearing set for 5/17/2022 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice)(Rubin, Joseph)
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Filing 12
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Thomason, Jessica)
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Filing 11
CERTIFICATE of SERVICE by Faith in the Valley, Fresno Homeless Union, Desiree Martinez, Robert McCloskey re #8 Proposed Order, #7 Memorandum in Support of Motion, #6 MOTION for PRELIMINARY INJUNCTION . (Kieschnick, Hannah)
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Filing 10
CERTIFICATE of SERVICE by Faith in the Valley, Fresno Homeless Union, Desiree Martinez, Robert McCloskey re #8 Proposed Order, #7 Memorandum in Support of Motion, #6 MOTION for PRELIMINARY INJUNCTION . (Kieschnick, Hannah)
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Filing 9
MINUTE ORDER signed by District Judge Dale A. Drozd on 3/31/2022: (Text Only Entry) The parties are advised that in light of the ongoing public health emergency posed by the coronavirus (COVID-19) pandemic, and given the long-standing lack of judicial resources in the Eastern District of California, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. The parties are further advised that the deadlines for filing opposition and reply briefs are governed by Local Rule 230, which was recently amended.(Hernandez, M)
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Filing 8
PROPOSED ORDER re Preliminary Injunction re #6 Motion for Preliminary Injunction,. (Kieschnick, Hannah)
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Filing 7
MEMORANDUM by Faith in the Valley, Fresno Homeless Union, Desiree Martinez, Robert McCloskey in SUPPORT of #6 Motion for Preliminary Injunction,. (Attachments: #1 Declaration of Desiree Martinez, #2 Declaration of Robert McCloskey, #3 Declaration of Alexandra Alvarado, #4 Declaration of Cindy Piombino, #5 Declaration of Crystal Sanchez, #6 Declaration of Estevan Hernandez, #7 Declaration of Rosemary Juarez Deleon, #8 Declaration of Fred Valdez)(Kieschnick, Hannah)
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Filing 6
MOTION for PRELIMINARY INJUNCTION by Faith in the Valley, Fresno Homeless Union, Desiree Martinez, Robert McCloskey. Motion Hearing set for 5/17/2022 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Kieschnick, Hannah)
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Filing 5
CERTIFICATE of SERVICE by Faith in the Valley, Fresno Homeless Union, Desiree Martinez, Robert McCloskey. (Thacher, Frances Cheston)
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Filing 4
SUMMONS RETURNED EXECUTED: The City of Fresno served on 3/18/2022, answer due 4/8/2022. (Thacher, Frances Cheston)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/14/2022 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Standing Order, #2 Order re Consent, #3 VDRP) (Sant Agata, S)
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Filing 2
SUMMONS ISSUED as to *The City of Fresno* with answer to complaint due within *21* days. Attorney *Francis Cheston Thacher* *39 Drumm Street* *San Francisco, CA 94111*. (Sant Agata, S)
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Filing 1
COMPLAINT against The City of Fresno by Robert McCloskey, Desiree Martinez, Faith in the Valley, Fresno Homeless Union. Attorney Thacher, Frances Cheston added. (Filing fee $ 402, receipt number ACAEDC-10127851) (Attachments: #1 Civil Cover Sheet)(Thacher, Frances Cheston)
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