Gilbert et al v. Sacramento Self Help Housing et al
| Jessica Gilbert and Sacramento Homeless Union |
| Sacramento Self Help Housing, John Foley, Jeremy Baird, County of Sacramento and Sacramento County Department of Human Assistance |
| 2:2022cv02091 |
| November 18, 2022 |
| US District Court for the Eastern District of California |
| Morrison C England |
| Kendall J Newman |
| 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 September 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 20 TRANSCRIPT of Plaintiffs' Motion for Temporary Restraining Order held on November 30, 2022, before Senior Judge Morrison C. England, Jr, filed by Court Reporter Maryann Valenoti, Phone number 916-930-4275 E-mail mvalenotirmrcrr@gmail.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 1/13/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/23/2023. (Valenoti, Maryann) |
Filing 19
MEMORANDUM and ORDER signed by Senior Judge Morrison C. England, Jr on 12/20/2022 DENYING the #6 Amended Motion for Temporary Restraining Order. (Spichka, K.)
|
| Filing 18 TRANSCRIPT REQUEST by Sacramento Homeless Union for proceedings held on November 30, 2022 before Judge Morrison C. England. Court Reporter Maryann Valenoti. (Prince, Anthony) |
|
Filing 17
ORDER signed by Senior Judge Morrison C. England, Jr on 12/02/22 GRANTING #12 Waiver of personal appearance and to appear by video conference at the 11/30/22 hearing.(Licea Chavez, V)
|
| Filing 16 MINUTES (Text Only) for proceedings held via videoconference before Senior Judge Morrison C. England, Jr.: After argument from counsel and for the reasons set forth on the record, the Court DENIED Plaintiffs' Amended Motion for Temporary Restraining Order #6 . A written order will issue forthwith. Plaintiffs' Counsel: Anthony Prince, present. Defendants' Counsel: Kim White and Robert Parrish, present. Court Reporter: Maryann Valenoti. (Deutsch, S) |
| Filing 15 NOTICE of APPEARANCE by Kimberly Ann White on behalf of Sacramento Self Help Housing. Attorney White, Kimberly Ann added. (White, Kimberly) |
| Filing 14 DECLARATION of Jessica Gilbert. (Attachments: #1 Supplemental Declaration of Crystal Sanchez, #2 Proposed Order, #3 Consent Form Waiver of Personal Appearance)(Prince, Anthony) Modified on 12/1/2022 (Benson, A.). |
| Filing 13 REPLY by Sacramento Homeless Union re #8 Opposition to Motion, #9 Opposition to Motion. (Prince, Anthony) |
| Filing 12 WAIVER of PERSONAL APPERANCE and Consent to Appear via Zoom by Sacramento County Department of Human Assistance. (Parrish, Robert) Modified on 12/1/2022 (Benson, A.). |
| Filing 11 NOTICE of APPEARANCE by Robert Philip Parrish on behalf of Sacramento County Department of Human Assistance. (Parrish, Robert) |
| Filing 10 PROPOSED ORDER denying #6 Amended Motion for TRO. Attorney Parrish, Robert Philip added. (Parrish, Robert) Modified on 12/1/2022 (Benson, A.). |
| Filing 9 OPPOSITION by Sacramento County Department of Human Assistance to #6 Motion for Temporary Restraining Order. Attorney Floyd, Keith Ward added. (Floyd, Keith) |
| Filing 8 OPPOSITION by Sacramento Self Help Housing to #6 Motion for Temporary Restraining Order,. Attorney Lawrence, Cynthia Gill added. (Attachments: #1 Declaration, #2 Opposition TRO Checklist)(Lawrence, Cynthia) |
| Filing 7 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion, the 11/29/2022 hearing on the Motion for Temporary Restraining Order #6 is VACATED and CONTINUED to 11/30/2022, at 10:00 am, by Zoom videoconference. The opposition is due not later than 11/28/2022 and a reply, if any, by 11/29/2022. Given that the motion hearing will be conducted by videoconference, not later than 4:00 pm, on 11/29/2022, (or any continued hearing date where remote appearances will be necessary) the parties are directed to file with the Court, a waiver of each appearing parties' personal appearance with a proposed order. Plaintiffs' counsel is directed to provide a copy of this Minute Order to opposing counsel forthwith. (Deutsch, S) |
| Filing 6 AMENDED #4 MOTION for TEMPORARY RESTRAINING ORDER by Sacramento Homeless Union. Motion Hearing set for 11/29/2022 at 10:00 AM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: #1 Declaration Gilbert, #2 Exhibits H-O, #3 Declaration Sanchez, #4 Declaration Pastore, #5 Supplemental Declaration Prince, #6 Proposed Order, #7 Proof of Service)(Prince, Anthony) Modified on 11/28/2022 (Benson, A.). Modified on 12/20/2022 (Spichka, K.) |
| Filing 5 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed Plaintiffs' Motion for Temporary Restraining Order filed at ECF No. 4. For the following reasons, that Motion is DENIED without prejudice. Plaintiff Jessica Gilbert was evicted from the subject program on November 3, 2022. Plaintiffs have not adequately explained to the Court why they delayed nearly three weeks from the date of eviction, and several days after filing their complaint, prior to seeking relief from this Court. Those three weeks could have been utilized to properly address Plaintiffs' arguments on a full record. See E.D. Cal. Local R. 231(b). More importantly, counsel has not provided the Court with the requisite "affidavit detailing the notice or efforts to effect notice to the affected parties or counsel or showing good cause why notice should not be given." Id., at R. 231(c)(5). It appears that counsel very generally advised Defendants one week ago that Plaintiffs intended to seek ex parte relief, but nothing in the record shows that counsel advised Defendants that Plaintiffs had waited an additional week to file, that Plaintiffs still intended to seek relief, in which forum Plaintiffs intended to proceed, or when. Finally, although the Court declines to address Plaintiffs' likelihood of success on the merits, counsel is advised that more is needed than what was provided here to justify issuance of the requested mandatory injunction, especially against what is ostensibly a private entity. (Deutsch, S) |
| Filing 4 MOTION for TEMPORARY RESTRAINING ORDER by Sacramento Homeless Union. Motion Hearing set for 11/23/2022 at 10:00 AM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr.. (Attachments: #1 Declaration of Gilbert and Exhs. A-G, #2 Exhibits H-O, #3 Declaration of Sanchez, #4 Declaration of Pastore, #5 Declaration of Prince, #6 Proposed Order)(Prince, Anthony) Modified on 11/22/2022 (Kastilahn, A). |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.) |
| Filing 2 SUMMONS ISSUED as to *Jeremy Baird, County of Sacramento, John Foley, Sacramento County Department of Human Assistance, Sacramento Self Help Housing* 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 1 COMPLAINT against All Defendants by All Plaintiffs. (Filing fee $ 402, receipt number ACAEDC-10556369)(Attachments: #1 Civil Cover Sheet)(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.
