Sacramento Homeless Union et al v. County of Sacramento et al
| Sacramento Homeless Union, Betty Rios, Donta Williams and Falisha Scott |
| County of Sacramento and City of Sacramento |
| 2:2022cv01095 |
| June 24, 2022 |
| US District Court for the Eastern District of California |
| Kimberly J Mueller |
| Kendall J Newman |
| Troy L Nunley |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 23 ANSWER with Jury Demand by City of Sacramento.(Trimm, Chance) |
Filing 22
ORDER signed by District Judge Troy L. Nunley on 7/29/2022 GRANTING IN PART AND DENYING IN PART #2 Motion for Preliminary Injunction. Plaintiffs' Motion for Preliminary Injunction is GRANTED with respect to Plaintiffs' request to temporarily enjoin the City and all of its officers, agents, servants, employees, attorneys, and all persons under their direction and control, from clearing encampments belonging to the unhoused. In all other respects, Plaintiffs' Motion for Preliminary Injunction is DENIED. The preliminary injunction shall remain in effect for 28 days. (Zignago, K.)
|
| Filing 21 DECLARATION of Crystal Sanchez by Sacramento Homeless Union in SUPPORT of #20 OPPOSITION. (Attachments: #1 Exhibit A)(Prince, Anthony) Modified on 7/29/2022 (Mena-Sanchez, L). |
| Filing 20 REPLY by Sacramento Homeless Union re #19 Opposition to Motion. (Prince, Anthony) |
| Filing 19 OPPOSITION by City of Sacramento to #2 Motion for Temporary Restraining Order. (Attachments: #1 Declaration, #2 Declaration)(Trimm, Chance) |
| Filing 18 AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Mena-Sanchez, L) |
| Filing 17 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on July 15, 2022: In light of the fact that the City of Sacramento was just recently served, the Court will provide the City with adequate opportunity to respond to the Motion for Temporary Restraining Order. (ECF No. #2 .) The City's response is due on Wednesday, July 20, 2022. Plaintiff's reply is due Monday, July 25, 2022. The Motion will then stand SUBMITTED without oral argument, and the Court will issue a written order shortly thereafter. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 16 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Troy L. Nunley. The new case number is: 2:22-cv-01095-TLN-KJN. (Mena-Sanchez, L) |
| Filing 15 MINUTES for MOTION HEARING held before Chief District Judge Kimberly J. Mueller on 7/15/2022. Attorney, Anthony Prince, present for Plaintiffs. Attorney, Leticia Ramirez and Diane McElhern, present for Defendant County of Sacramento. Attorney, Chance Trimm, present for Defendant City of Sacramento. After hearing oral argument as to Plaintiffs' Motion to Disqualify/Recuse, ECF No. #9 , and after careful consideration of the parties' comments, the court GRANTED the Motion for the reasons as stated on the record. Accordingly, IT IS HEREBY ORDERED that Chief Judge Kimberly J. Mueller hereby recuses herself from this action under 28 U.S.C. 455(a). The Clerk of the Court is directed to randomly reassign this case to another District Judge for any further proceedings that may be appropriate or required. All dates set in the above-entitled action before Chief Judge Kimberly J. Mueller are hereby VACATED. The Clerk of the Court shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. Court Reporter: Jennifer Coulthard. (Text Only Entry) (Schultz, C) |
| Filing 14 SUMMONS RETURNED EXECUTED: Sacramento Homeless Union served on 7/13/2022. (Prince, Anthony) |
| Filing 13 SECOND AMENDED EXHIBIT A re #12 Declaration. (Whitman, Krista) Modified on 7/15/2022 (Mena-Sanchez, L). |
| Filing 12 AMENDED EXHIBIT A to DECLARATION of Mary Jo Flynn-Nevins re #6 Opposition to Motion,. (Whitman, Krista) Modified on 7/13/2022 (Mena-Sanchez, L). |
| Filing 11 REPLY by Sacramento Homeless Union to #6 Opposition to Motion. (Prince, Anthony) Modified on 7/13/2022 (Mena-Sanchez, L). |
| Filing 10 MINUTE ORDER issued by Relief Courtroom Deputy L. Kennison for Chief District Judge Kimberly J. Mueller on 7/7/2022: This matter currently is set for hearing on the court's civil law and motion calendar on 7/8/2022 at 10:00 AM. The court previously ordered plaintiffs to serve the defendants with the Motion for Injunctive Relief, ECF No. 5, and the County defendant has now opposed the motion, ECF No. #6 , with plaintiffs' having filed a reply, ECF No. #7 . The City defendant has not responded, and there is no indication on the court's docket that plaintiffs served the City. Based on plaintiffs' counsel's communications with the Courtroom Deputy, the court understands plaintiffs may be contemplating dismissing the City as a defendant. Good cause appearing, the court continues the Motion for Injunctive Relief, ECF No. #2 to a specially set hearing on 7/15/2022 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. By noon on Wednesday, 7/13/2022, plaintiffs shall file proof of service of their Motion for Injunctive Relief on the City or clarify whether they are dismissing the City from this action. The court acknowledges receipt of plaintiffs' motion filed on 7/7/2022, ECF No. #9 , and will address it in due course. SO ORDERED. (Text Only Entry)(Kennison, L) |
| Filing 9 MOTION to DISQUALIFY Chief District Judge Kimberly J. Mueller by Sacramento Homeless Union. (Attachments: #1 Declaration)(Prince, Anthony) Modified on 7/8/2022 (Benson, A.). |
| Filing 8 SUPPLEMENTAL DECLARATION of Crystal Rose Sanchez in support of #7 Reply . (Prince, Anthony) Modified on 7/8/2022 (Benson, A.). |
| Filing 7 [WRONG CASE NUMBER ON DOC; COUNSEL TO REFILE] REPLY by Sacramento Homeless Union re #6 Opposition to Motion,. (Prince, Anthony) Modified on 7/8/2022 (Benson, A.). |
| Filing 6 OPPOSITION by County of Sacramento to #2 Motion for Temporary Restraining Order. Attorney Floyd, Keith Ward added. (Attachments: #1 Declaration of Emily Halcon, #2 Declaration of Ethan Dye, #3 Declaration of MaryJo Flynn-Nevis with Exhibits, #4 Proof of Service)(Floyd, Keith) Modified on 7/5/2022 (Benson, A.). |
| Filing 5 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 6/24/2022: The Plaintiffs move for an Ex Parte Temporary Restraining Order, ECF No. #2 . A Temporary Restraining Order or "TRO" may be issued only upon a showing "that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A). A Plaintiff who requests a TRO must prove that remedy is proper by a clear showing. See Mazurek v. Armstrong, 520 U.S. 968, 972 (1997). While recognizing that Sacramento has entered a period of sustained high temperatures, the Plaintiffs' filings do not demonstrate they face a particularized imminent injury, such as an impending date by which a shaded campsite is scheduled for clearing. Accordingly, Plaintiffs have not on this record shown their Request for Ex Parte Relief should be granted. The Plaintiffs are ORDERED to serve the Defendants. The court SETS the Motion Hearing for 7/8/2022 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller, with any opposition due 7/1/2022 and Plaintiffs' Reply due 7/6/2022. SO ORDERED. (Text Only Entry)(Schultz, C) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/3/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Benson, A.) |
| Filing 3 SUMMONS ISSUED as to *City of Sacramento, County of Sacramento* with answer to complaint due within *21* days. Attorney *Anthony David Prince* *Law Offices of Anthony D. Prince* *2425 Prince St.* *Berkeley, CA 94705*. (Benson, A.) |
| Filing 2 MOTION for TEMPORARY RESTRAINING ORDER by Sacramento Homeless Union. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order)(Prince, Anthony) |
| Filing 1 COMPLAINT against All Defendants by All Plaintiffs. (Filing fee $ 402, receipt number BCAEDC-10297109)(Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Declaration)(Prince, Anthony) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
