Blain et al v. California Department of Transportation et al
| Jackson Blain, John Janosko, Kellie Castillo, Kelly Thompson, Nicolas Gonzalez, Esteban Gonzalez, Shawn Widomen, Peter A. Doder, Alex Heine, James Freeman, Mayana Sparks, Adam Davis, Richard Milton, Benjamin Murawski, Ramona, Greg Widomer, James Foreman, Ken Shen, Pierre Daniels, Phil Jenkins, David Bahar, Katherine Cavener, Jeremy Oliviera, Abby Dill, Jessica Higgin, Matt Sanativsar, Dustin Denega, Matthew Buster, Will Schwerma, Douglas Sollars, Jay Prasad, Greg Widowmen and Theo Cedar Jones |
| Governor Gavin Newsom, County of Alameda, California Department of Transportation, Toks Omishakin, Director, Dina El-Tawansy, City of Oakland, Mayor Libby Schaaff, Ed Reiskin, Burlington Northern Santa Fe Railroad, Katherind Farmer, Susan Muranishi, California Department of Transportation, City Of Oakland, Burlington Northern Santa Fe Railroad, Toks Omishakin, Kathryn Farmer, Libby Schaaf, Cheryl Chambers, Tony Tavares, Caltrans - California Department of Transportation and BNSF Railroad |
| 3:2022cv04178 |
| July 18, 2022 |
| US District Court for the Northern District of California |
| William H Orrick |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 114
ORDER CONSOLIDATING CASES, RESETTING BRIEFING AND HEARING SCHEDULES re (60 in 3:22-cv-04178-WHO) MOTION to Dismiss, (112 in 3:22-cv-04178-WHO) MOTION to Dismiss, (56 in 3:22-cv-04178-WHO) MOTION to Dismiss, (28 in 3:22-cv-03996-WHO) MOTION to Dismiss, (27 in 3:22-cv-03996-WHO) MOTION to Dismiss, (60 in 3:22-cv-04178-WHO) MOTION to Dismiss, (112 in 3:22-cv-04178-WHO) MOTION to Dismiss, (56 in 3:22-cv-04178-WHO) MOTION to Dismiss, (28 in 3:22-cv-03996-WHO) MOTION to Dismiss, and (27 in 3:22-cv-03996-WHO) MOTION to Dismiss. Motion Hearing reset for 10/12/2022 02:00 PM via Videoconference before Judge William H. Orrick. All parties are invited to file supplemental briefs of no more than five pages by September 22, 2022, addressing whether claims for injunctive relief are now moot, claims for damages are unripe, or whether the cases are otherwise now nonjusticiable. Signed by Judge William H. Orrick on 09/09/2022. (jmd, COURT STAFF) (Filed on 9/9/2022)
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| Filing 113 RESPONSE re #111 Order filed by Theo Jones. (hdj, COURT STAFF) (Filed on 9/7/2022) |
| Filing 112 MOTION to Dismiss Complaint filed by Gavin Newsom. Motion Hearing set for 10/12/2022 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: #1 Appendix Memorandum in Support of Motion to Dismiss, #2 Proposed Order)(Haddad, Lara) (Filed on 9/2/2022) |
| Filing 111 NOTICE OF POTENTIAL CONSOLIDATION. Signed by Judge William H. Orrick on 09/01/2022. (jmd, COURT STAFF) (Filed on 9/1/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 110 REPLY (re #60 MOTION to Dismiss Complaint ) Defendants County of Alameda and Susan Muranishi's Reply Memorandum of Points and Authorities in Support of Motion to Dismiss Complaint filed byCounty of Alameda. (Dunaway, Thiele) (Filed on 9/1/2022) |
| Filing 100 Summons Returned Unexecuted as to Burlington Northern Santa Fe Railroad. (hdj, COURT STAFF) (Filed on 8/31/2022) |
| Filing 109 SUMMONS Returned Executed Ed Reiskin served on 8/4/2022, answer due 8/25/2022; Libby Schaaf served on 8/4/2022, answer due 8/25/2022. (Attachments: #1 summons rtn)(hdj, COURT STAFF) (Filed on 8/30/2022) |
| Filing 108 SUMMONS Returned Executed Toks Omishakin served on 8/12/2022, answer due 9/2/2022. (hdj, COURT STAFF) (Filed on 8/30/2022) |
| Filing 107 SUMMONS Returned Executed Gavin Newsom served on 8/12/2022, answer due 9/2/2022. (hdj, COURT STAFF) (Filed on 8/30/2022) |
| Filing 106 SUMMONS Returned Executed Susan Muranishi served on 8/2/2022, answer due 8/23/2022. (hdj, COURT STAFF) (Filed on 8/30/2022) |
| Filing 105 Summons Returned Unexecuted as to Kathryn Farmer. (hdj, COURT STAFF) (Filed on 8/30/2022) |
| Filing 104 SUMMONS Returned Executed Dina El-Tawansy served on 8/12/2022, answer due 9/2/2022. (hdj, COURT STAFF) (Filed on 8/30/2022) |
| Filing 103 SUMMONS Returned Executed County of Alameda served on 8/2/2022, answer due 8/23/2022. (hdj, COURT STAFF) (Filed on 8/30/2022) |
| Filing 102 SUMMONS Returned Executed City Of Oakland served on 8/4/2022, answer due 8/25/2022. (hdj, COURT STAFF) (Filed on 8/30/2022) |
| Filing 101 SUMMONS Returned Executed California Department of Transportation served on 8/12/2022, answer due 9/2/2022. (hdj, COURT STAFF) (Filed on 8/30/2022) |
| Filing 99 Request for Judicial Notice re #98 Reply to Opposition/Response, filed byCalifornia Department of Transportation, Dina El-Tawansy, Toks Omishakin. (Related document(s) #98 ) (Silver, Stephen) (Filed on 8/30/2022) |
| Filing 98 REPLY (re #56 MOTION to Dismiss Complaint ) filed byCalifornia Department of Transportation, Dina El-Tawansy, Toks Omishakin. (Attachments: #1 Certificate/Proof of Service for Caltrans Defendants' Reply Brief)(Silver, Stephen) (Filed on 8/30/2022) |
| Filing 97 TRANSCRIPT ORDER for proceedings held on 08/26/2022 before Judge William H. Orrick by City Of Oakland, for Court Reporter Cathy Jill Taylor. (Jefferson, Jamilah) (Filed on 8/30/2022) |
| Filing 96 Transcript of Proceedings held on 8-26-2022, before Judge William H. Orrick. Court Reporter/Transcriber Cathy J. Taylor, telephone number 602-322-7249; cathy_taylor@azd.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 11/28/2022. (Taylor, Catherine) (Filed on 8/29/2022) |
| Filing 95 Minute Entry for proceedings held before Judge William H. Orrick: Preliminary Injunction Hearing held on 8/26/2022. Order dissolving the TRO on a phased schedule will issue. Total Time in Court: 1 hour, 17 minutes. Court Reporter: Cathy Taylor. (jmd, COURT STAFF) (Date Filed: 8/26/2022) |
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Filing 94
ORDER ON #67 MOTIONS TO DISSOLVE TEMPORARY RESTRAINING ORDER AND FOR A PRELIMINARY INJUNCTION by Judge William H. Orrick. (jmd, COURT STAFF) (Filed on 8/26/2022)
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| Filing 93 TRANSCRIPT ORDER for proceedings held on 08/26/2022 before Judge William H. Orrick by County of Alameda, Susan Muranishi, for Court Reporter Cathy Jill Taylor. (Dunaway, Thiele) (Filed on 8/26/2022) |
| Filing 92 TRANSCRIPT ORDER for proceedings held on 08/26/2022 before Judge William H. Orrick by California Department of Transportation, Dina El-Tawansy, Toks Omishakin, for Court Reporter Cathy Jill Taylor. (Pevzner, Alex) (Filed on 8/26/2022) |
| Filing 91 CERTIFICATE OF SERVICE by City Of Oakland, Ed Reiskin, Libby Schaaf re #87 Response, (Jefferson, Jamilah) (Filed on 8/26/2022) |
| Filing 90 OPPOSITION/RESPONSE (re #60 MOTION to Dismiss Complaint ) filed byDavid Bahar, Jackson Blain, Matthew Buster, Kellie Castillo, Katherine Cavener, Pierre Daniels, Adam Davis, Dustin Denega, Abby Dill, Peter A. Doder, James Foreman, Esteban Gonzalez, Nicolas Gonzalez, Alex Heine, Jessica Higgin, John Janosko, Phil Jenkins, Richard Milton, Benjamin Murawski, Jeremy Oliviera, Jay Prasad, Ramona, Matt Sanativsar, Will Schwerma, Ken Shen, Douglas Sollars, Mayana Sparks, Kelly Thompson, Shawn Widomen, Greg Widowmen. (Blain, Jackson) (Filed on 8/25/2022) |
| Filing 89 RESPONSE re #87 Response, Statement of Proposed Schedule by California Department of Transportation, Dina El-Tawansy, Toks Omishakin. (Silver, Stephen) (Filed on 8/25/2022) |
| Filing 88 CLERKS NOTICE SETTING ZOOM HEARING - Preliminary Injunction Hearing set for 8/26/2022 10:00 AM. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photograp hing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https: //www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 8/25/2022) |
| Filing 87 Response re #40 Temporary Restraining Order, Defendant City of Oakland's (1) Proposed Joint Operations and Shelter Plan, (2) Request to Dissolve Modified Temporary Restraining Order, and (3) Opposition to Plaintiff's Motion for Preliminary Injunction byCity Of Oakland, Ed Reiskin, Libby Schaaf. (Jefferson, Jamilah) (Filed on 8/25/2022) |
| Filing 86 Mail sent to Kellie Castillo returned as undeliverable re #64 Order, Terminate Motions. (hdj, COURT STAFF) (Filed on 8/25/2022) |
| Filing 85 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Settlement Conference held on 8/25/2022. Digital Recording Time: Not recorded. Defendant Attorneys: Jacob D. Flesher, Jamila Jefferson, Mark Brainich, Buddy Rowell, Mark Guenzi, Stephen Silver; representatives from agencies were Israel Salazar, Allison Schluckebiar, LaTonda Simmons, Colleen Chowla, Kerry Abbott, Cheryl Chambers, Alisa Becerra and Daniel Cooper. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 8/25/2022) |
| Filing 84 Request for Judicial Notice re #67 MOTION Dissolve TRO re #40 Temporary Restraining Order, , #82 Reply to Opposition/Response, filed byCalifornia Department of Transportation, Dina El-Tawansy, Toks Omishakin. (Related document(s) #67 , #82 ) (Silver, Stephen) (Filed on 8/24/2022) |
| Filing 83 OPPOSITION/RESPONSE (re #67 MOTION Dissolve TRO re #40 Temporary Restraining Order, ) Opp. to Plaintiffs' Request/Motion for Preliminary Injunction (raised in Plaintiffs' Opp. to Mot. to Dissolve TRO, Dkt. 74) filed byCalifornia Department of Transportation, Dina El-Tawansy, Toks Omishakin. (Silver, Stephen) (Filed on 8/24/2022) |
| Filing 82 REPLY (re #67 MOTION Dissolve TRO re #40 Temporary Restraining Order, ) filed byCalifornia Department of Transportation, Dina El-Tawansy, Toks Omishakin. (Attachments: #1 Declaration Supp. Decl. Donald Gray ISO Mot. to Dissolve TRO, #2 Declaration Supp. Decl. David Despain ISO Mot. to Dissolve TRO, #3 Declaration Decl. El-Tawansy ISO Mot. to Dissolve TRO, #4 Certificate/Proof of Service)(Silver, Stephen) (Filed on 8/24/2022) |
| Filing 81 Response re #40 Temporary Restraining Order, #74 Opposition/Response to Motion,, #63 Response Reply in support of Response byGavin Newsom. (Haddad, Lara) (Filed on 8/24/2022) |
| Filing 80 CLERK'S NOTICE Settlement Conference set for 8/25/2022 01:00 PM in McKinleyville, Videoconference Only. This proceeding will be held via a Zoom meeting.Meeting Access: All invited participants may access the meeting information at #https://www.cand.uscourts.gov/rmi General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, rec ording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.can d.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 8/24/2022) |
| Filing 79 OPPOSITION/RESPONSE (re #56 MOTION to Dismiss Complaint ) filed byDavid Bahar, Jackson Blain, Matthew Buster, Kellie Castillo, Katherine Cavener, Pierre Daniels, Adam Davis, Dustin Denega, Abby Dill, Peter A. Doder, James Foreman, Esteban Gonzalez, Nicolas Gonzalez, Alex Heine, Jessica Higgin, John Janosko, Phil Jenkins, Richard Milton, Benjamin Murawski, Jeremy Oliviera, Jay Prasad, Ramona, Matt Sanativsar, Will Schwerma, Ken Shen, Douglas Sollars, Mayana Sparks, Kelly Thompson, Shawn Widomen, Greg Widowmen. (Blain, Jackson) (Filed on 8/23/2022) |
| Filing 78 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Settlement Conference call held on 8/22/2022. Digital Recording Time: Not recorded. Defendant Attorney: Jamila Jefferson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 8/22/2022) |
| Filing 77 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Zoom Settlement Conference held on 8/22/2022.Digital Recording Time: Not recorded. Plaintiff Attorney: Brigitte Nicoletti, specially with Jackson Blaine, John Jonosko and Ron McGowan. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 8/22/2022) |
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Filing 76
Order by Judge William H. Orrick denying #71 Ex Parte Application #71 Ex Parte Application. The ex parte application is DENIED. The hearing will remain as previously scheduled. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wholc2, COURT STAFF) (Filed on 8/22/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 75 Declaration of Jackson Blain and John Janosko in Support of #74 Opposition/Response to Motion,, filed byDavid Bahar, Jackson Blain, Matthew Buster, Kellie Castillo, Katherine Cavener, Pierre Daniels, Adam Davis, Dustin Denega, Abby Dill, Peter A. Doder, James Foreman, Esteban Gonzalez, Nicolas Gonzalez, Alex Heine, Jessica Higgin, John Janosko, Phil Jenkins, Richard Milton, Benjamin Murawski, Jeremy Oliviera, Jay Prasad, Ramona, Matt Sanativsar, Will Schwerma, Ken Shen, Douglas Sollars, Mayana Sparks, Kelly Thompson, Shawn Widomen, Greg Widowmen. (Attachments: #1 Declaration)(Related document(s) #74 ) (Blain, Jackson) (Filed on 8/20/2022) |
| Filing 74 OPPOSITION/RESPONSE (re #67 MOTION Dissolve TRO re #40 Temporary Restraining Order, ) filed byDavid Bahar, Jackson Blain, Matthew Buster, Kellie Castillo, Katherine Cavener, Pierre Daniels, Adam Davis, Dustin Denega, Abby Dill, Peter A. Doder, James Foreman, Esteban Gonzalez, Nicolas Gonzalez, Alex Heine, Jessica Higgin, John Janosko, Phil Jenkins, Richard Milton, Benjamin Murawski, Jeremy Oliviera, Jay Prasad, Ramona, Matt Sanativsar, Will Schwerma, Ken Shen, Douglas Sollars, Mayana Sparks, Kelly Thompson, Shawn Widomen, Greg Widowmen. (Blain, Jackson) (Filed on 8/20/2022) |
| Filing 73 Response re #71 Ex Parte Application re #67 MOTION Dissolve TRO re #40 Temporary Restraining Order, Ex Parte Application to Advance Hearing on Mot. to Dissolve TRO byGavin Newsom. (Haddad, Lara) (Filed on 8/19/2022) |
| Filing 72 Request for Judicial Notice re #71 Ex Parte Application re #67 MOTION Dissolve TRO re #40 Temporary Restraining Order, Ex Parte Application to Advance Hearing on Mot. to Dissolve TRO, #67 MOTION Dissolve TRO re #40 Temporary Restraining Order, filed byCalifornia Department of Transportation, Dina El-Tawansy, Toks Omishakin. (Related document(s) #71 , #67 ) (Silver, Stephen) (Filed on 8/19/2022) |
| Filing 71 Ex Parte Application re #67 MOTION Dissolve TRO re #40 Temporary Restraining Order, Ex Parte Application to Advance Hearing on Mot. to Dissolve TRO filed by California Department of Transportation, Dina El-Tawansy, Toks Omishakin. (Attachments: #1 Declaration Declaration of Silver ISO Mot. to Advance Hearing, #2 Declaration Declaration of El-Tawansy ISO Mot. to Dissolve & Mot. to Advance Hearing, #3 Certificate/Proof of Service)(Silver, Stephen) (Filed on 8/19/2022) |
| Filing 70 Transcript of Proceedings held on 07/22/2022, before Judge William W. Orrick. Court Reporter Ruth Levine Ekhaus, RMR, RDR, FCRR, CSR No. 12219, telephone number (415)336-5223/ruth_ekhaus@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #54 Transcript Order ) Redaction Request due 9/9/2022. Redacted Transcript Deadline set for 9/19/2022. Release of Transcript Restriction set for 11/17/2022. (Related documents(s) #54 ) (rre, COURT STAFF) (Filed on 8/19/2022) |
| Filing 69 CERTIFICATE OF SERVICE by California Department of Transportation, Dina El-Tawansy, Toks Omishakin re #68 Request for Judicial Notice, #67 MOTION Dissolve TRO re #40 Temporary Restraining Order, (Guenzi, Mark) (Filed on 8/15/2022) |
| Filing 68 Request for Judicial Notice re #67 MOTION Dissolve TRO re #40 Temporary Restraining Order, filed byCalifornia Department of Transportation, Dina El-Tawansy, Toks Omishakin. (Related document(s) #67 ) (Guenzi, Mark) (Filed on 8/12/2022) |
| Filing 67 MOTION Dissolve TRO re #40 Temporary Restraining Order, filed by California Department of Transportation, Dina El-Tawansy, Toks Omishakin. Motion Hearing set for 8/26/2022 10:00 AM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 8/19/2022. Replies due by 8/24/2022. (Attachments: #1 Declaration of Asfour ISO Mot to Dissolve TRO, #2 Declaration of Baskerville ISO Mot to Dissolve TRO, #3 Declaration of Caputo ISO Mot to Dissolve TRO, #4 Declaration of Chambers ISO Mot to Dissolve TRO, #5 Declaration of Despain ISO Mot to Dissolve TRO, #6 Declaration of Duncan ISO Mot to Dissolve TRO, #7 Declaration of McMullen ISO Mot to Dissolve TRO, #8 Declaration of Null ISO Mot to Dissolve TRO, #9 Declaration of McDaniel ISO Mot to Dissolve TRO, #10 Declaration of Kyutoku ISO Mot to Dissolve TRO, #11 Declaration of Gray ISO Mot to Dissolve TRO, #12 Declaration of Durrani ISO Mot to Dissolve TRO, #13 Declaration of Huseby ISO Mot to Dissolve TRO, #14 Declaration of Fries ISO Mot to Dissolve TRO, #15 Certificate/Proof of Service)(Guenzi, Mark) (Filed on 8/12/2022) |
| Filing 66 Response re #40 Temporary Restraining Order, byCounty of Alameda, Susan Muranishi. (Attachments: #1 Declaration, #2 Certificate/Proof of Service)(Dunaway, Thiele) (Filed on 8/12/2022) |
| Filing 65 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Individual settlement conference calls held on 8/12/2022. Digital Recording Time: Not recorded. Plaintiff Attorney: Brigitte Nicoletti. Defendant Attorney: Jamila Jefferson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 8/12/2022) |
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Filing 64
ORDER RE TEMPORARY RESTRAINING ORDER. Signed by Judge James Donato on 8/12/2022. (jdlc2, COURT STAFF) (Filed on 8/12/2022)
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| Filing 63 Response to re #40 Temporary Restraining Order by Gavin Newsom. (Haddad, Lara) (Filed on 8/12/2022) |
| Filing 62 CERTIFICATE OF SERVICE by County of Alameda, Susan Muranishi re #61 Request for Judicial Notice, #60 MOTION to Dismiss Complaint (Dunaway, Thiele) (Filed on 8/11/2022) |
| Filing 61 Request for Judicial Notice re #60 MOTION to Dismiss Complaint filed byCounty of Alameda, Susan Muranishi. (Related document(s) #60 ) (Dunaway, Thiele) (Filed on 8/11/2022) |
| Filing 60 MOTION to Dismiss Complaint filed by County of Alameda, Susan Muranishi. Motion Hearing set for 9/28/2022 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 8/25/2022. Replies due by 9/1/2022. (Dunaway, Thiele) (Filed on 8/11/2022) |
| Filing 59 MOTION for Temporary Restraining Order Request to Modify Existing Order filed by David Bahar, Jackson Blain, Matthew Buster, Kellie Castillo, Katherine Cavener, Pierre Daniels, Adam Davis, Dustin Denega, Abby Dill, Peter A. Doder, James Foreman, Esteban Gonzalez, Nicolas Gonzalez, Alex Heine, Jessica Higgin, John Janosko, Phil Jenkins, Richard Milton, Benjamin Murawski, Jeremy Oliviera, Jay Prasad, Ramona, Matt Sanativsar, Will Schwerma, Ken Shen, Douglas Sollars, Mayana Sparks, Kelly Thompson, Shawn Widomen, Greg Widowmen. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration)(Blain, Jackson) (Filed on 8/11/2022) |
| Filing 58 CERTIFICATE OF SERVICE by California Department of Transportation, Dina El-Tawansy, Toks Omishakin re #56 MOTION to Dismiss Complaint, #57 Notice of Appearance (Goodman, Deborah) (Filed on 8/10/2022) |
| Filing 57 NOTICE of Appearance by Deborah L. Goodman on behalf of Defendants Department of Transportation, Toks Omishakin, and Dina El-Tawansy (Goodman, Deborah) (Filed on 8/10/2022) |
| Filing 56 MOTION to Dismiss Complaint filed by California Department of Transportation, Dina El-Tawansy, Toks Omishakin. Motion Hearing set for 9/28/2022 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 8/23/2022. Replies due by 8/30/2022. (Goodman, Deborah) (Filed on 8/9/2022) |
| Filing 55 ***FILED IN ERROR. PLEASE SEE #56 , #57 , #58 FOR CORRECTED FILINGS*** NOTICE of Appearance by Deborah L. Goodman (Attachments: #1 Appearance of Counsel, #2 Certificate/Proof of Service Certificate of Service)(Goodman, Deborah) (Filed on 8/9/2022) Modified on 8/10/2022 (ecg, COURT STAFF). |
| Filing 54 TRANSCRIPT ORDER for proceedings held on 07/22/2022 before Judge William H. Orrick by City Of Oakland, for Court Reporter Ruth Ekhaus. (Jefferson, Jamilah) (Filed on 8/8/2022) |
| Filing 53 Mail sent to Kellie Castillo returned as undeliverable re #40 Temporary Restraining Order. (hdj, COURT STAFF) (Filed on 8/4/2022) |
| Filing 52 Mail sent to California Department of Transportation returned as undeliverable re #40 Temporary Restraining Order. (hdj, COURT STAFF) (Filed on 8/4/2022) |
| Filing 51 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Settlement Conference call held on 8/4/2022 with: Mark Guenzi and Stephen Silver (Deputy Attorneys for Defendants State of California Department of Transportation (Caltrans), Dina El-Tawansy, and Toks Omishakin); Dina El-Tawansy (Caltrans District 4 Director); Alisa Becerra (Caltrans Public Affairs Specialist); Victor Duron (California Interagency Council on Homelessness (Cal ICH) Grants Director); and Julie Lo (Cal ICH Executive Officer). Digital Recording Time: Not recorded. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 8/4/2022) |
| Filing 50 NOTICE of Acknowledgment re #24 Summons Issued. (hdj, COURT STAFF) (Filed on 8/4/2022) |
| Filing 49 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Settlement Conference call with attorney for City of Oakland, Jamila Jefferson, held on 8/3/2022. Digital Recording Time: Not recorded. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 8/3/2022) |
| Filing 48 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Settlement Conference held on 8/1/2022. Digital Recording Time: Not recorded. Plaintiff Attorney: Brigitte Nicoletti, specially appearing with Plaintiffs, John Janosko, Kellie Castillo, Alex Heine, Jackson Blaine. Ron McGowan appeared also. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 8/1/2022) |
| Filing 47 NOTICE of Appearance by Jacob Daniel Flesher for BNSF Railway Company (Flesher, Jacob) (Filed on 8/1/2022) |
| Filing 46 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Settlement Conference call with Brigitte Nicoletti held on 7/29/2022. Digital Recording Time: Not recorded. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 7/29/2022) |
| Filing 45 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Settlement Conference discussions held with defense counsel on 7/28/2022. Digital Recording Time: Not recorded. Defendant Attorneys: Mark Brainich, Buddy Rowell, Mark Guenzi, Jordan Flanders, Stephen Silver, Jamila Jefferson, with representatives LaTonda Simmons, Colleen Chowla, Kerry Abbott, Cheryl Chambers and Dina El-Tawansy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 7/28/2022) |
| Filing 44 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Early Settlement Conference held on 7/27/2022. Settlement Conference with Defendants set for 7/28/2022 01:00 PM in McKinleyville, Videoconference Only. Settlement Conference with Plaintiffs set for 8/1/2022 10:00 AM in McKinleyville, Videoconference Only. These proceedings will be held via Zoom meetings.Meeting Access: All invited participants may access the meeting information at #https://www.cand.uscourts.gov/rmi General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcast ing of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Settlement Conference set for 7/28/2022 01:00 PM in McKinleyville, Videoconference Only. Settlement Conference set for 8/1/2022 10:00 AM in McKinleyville, Videoconference Only. Digital Recording Time: Not recorded. Plaintiff Attorney: Brigitte Nicoletti, specially appearing with Plaintiffs, John Janosko and Ron McGowan. Defendant Attorneys: Stephen Silver, Mark Guenzi, Jamilah Jefferson, Mark Brainich. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 7/27/2022) |
| Filing 43 NOTICE of Appearance by Mark D. Guenzi (Guenzi, Mark) (Filed on 7/27/2022) |
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Filing 42
ORDER REASSIGNING CASES RE: 22-cv-3996-CRB and 22-cv-4178-WHO. Signed by Chief Judge Richard Seeborg on 7/25/2022. (bxs, COURT STAFF) (Filed on 7/25/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 41 CLERK'S NOTICE: Scheduling Conference to select a Settlement Conference date set for 7/27/2022 at 1:00 PM. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-684-8852Access Code: 1868782The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Scheduling Conference set for 7/27/2022 01:00 PM in McKinleyville, Telephone Conference Only before Magistrate Judge Robert M. Illman. (glm, COURT STAFF) (Filed on 7/25/2022) |
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Filing 40
MODIFIED TEMPORARY RESTRAINING ORDER; ORDER REFERRING CASE TO MAGISTRATE JUDGE. Signed by Judge William H. Orrick on 07/22/2022. (jmd, COURT STAFF) (Filed on 7/22/2022) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 39 Minute Entry for proceedings held before Judge William H. Orrick: Temporary Restraining Order Hearing held on 7/22/2022. CASE REFERRED to Magistrate Judge for Settlement Conference. Preliminary Injunction Hearing set for 8/26/2022 10:00 AM (via videoconference). Total Time in Court: 1 hour, 13 minutes. Court Reporter: Ruth Levine Ekhaus. (jmd, COURT STAFF) (Date Filed: 7/22/2022) |
| Received one USB Drive re #30 Response re #20 Order on Motion for TRO. (wsn, COURT STAFF) (Filed on 7/22/2022) |
| Filing 38 Declaration of Jackson Blain in Support of #1 Complaint,,, and Motion for TRO filed byDavid Bahar, Jackson Blain, Matthew Buster, Kellie Castillo, Katherine Cavener, Pierre Daniels, Adam Davis, Dustin Denega, Abby Dill, Peter A. Doder, James Foreman, Esteban Gonzalez, Nicolas Gonzalez, Alex Heine, Jessica Higgin, John Janosko, Phil Jenkins, Richard Milton, Benjamin Murawski, Jeremy Oliviera, Jay Prasad, Ramona, Matt Sanativsar, Will Schwerma, Ken Shen, Douglas Sollars, Mayana Sparks, Kelly Thompson, Shawn Widomen, Greg Widowmen. (Related document(s) #1 ) (Blain, Jackson) (Filed on 7/21/2022) |
| Filing 37 CERTIFICATE OF SERVICE by California Department of Transportation, Dina El-Tawansy, Toks Omishakin re #32 Declaration in Opposition, #30 Response,, (Pevzner, Alex) (Filed on 7/21/2022) |
| Filing 36 CERTIFICATE OF SERVICE by County of Alameda, Susan Muranishi re #28 Notice of Appearance, #29 Response, #33 Notice of Appearance, #34 Notice of Appearance (Rowell, William) (Filed on 7/21/2022) |
| Filing 35 Response re #22 Temporary Restraining Order, Defendant City of Oakland's Response to Court's Temporary Restraining Order Entered July 19, 2022 byCity Of Oakland, Ed Reiskin, Libby Schaaf. (Attachments: #1 Declaration Declaration of LaTonda Simmons In Support of Defendant City of Oakland's Response to Court's Temporary Restraining Order Entered July 19, 2022)(Jefferson, Jamilah) (Filed on 7/21/2022) |
| Filing 34 NOTICE of Appearance by Thiele Robin Dunaway (Dunaway, Thiele) (Filed on 7/21/2022) |
| Filing 33 NOTICE of Appearance by Marc Brainich (Brainich, Marc) (Filed on 7/21/2022) |
| Filing 32 DECLARATION of Declaration of Cheryl Chambers in Opposition to #30 Response,, In Support of Opposition to Plaintiffs' Motion for Temporary Restraining Order filed byCalifornia Department of Transportation, Dina El-Tawansy, Toks Omishakin. (Related document(s) #30 ) (Pevzner, Alex) (Filed on 7/21/2022) |
| Filing 31 NOTICE of Appearance by Stephen A. Silver Samuel C. Law (Silver, Stephen) (Filed on 7/21/2022) |
| Filing 30 Response re #20 Order on Motion for TRO, #22 Temporary Restraining Order, byCalifornia Department of Transportation, Dina El-Tawansy, Toks Omishakin. (Attachments: #1 Declaration Declaration of Andrew Baskerville ISO CT Opp to TRO, #2 Declaration Declaration of Chris Balangit ISO CT Opp to TRO, #3 Declaration Declaration of Stephen Silver ISO CT Opp to Plaintiffs' Motion for TRO, #4 Declaration Supplemental Declaration of Stephen Silver ISO CT Opp to Plaintiffs' Motion for TRO)(Pevzner, Alex) (Filed on 7/21/2022) |
| Filing 29 Response re #22 Temporary Restraining Order, Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction byCounty of Alameda, Susan Muranishi. (Attachments: #1 Declaration)(Rowell, William) (Filed on 7/21/2022) |
| Filing 28 NOTICE of Appearance by William Blake Rowell (Rowell, William) (Filed on 7/21/2022) |
| Filing 27 Response re #22 Temporary Restraining Order, Opposition of the Governor byGavin Newsom. (Haddad, Lara) (Filed on 7/21/2022) |
| Filing 26 NOTICE of Appearance by Stephen A. Silver (Silver, Stephen) (Filed on 7/19/2022) |
| Filing 25 Erroneous Entry--Please Ignore--See Docket Entry 26 for Corrected Document. NOTICE of Appearance by Stephen A. Silver (Silver, Stephen) (Filed on 7/19/2022) Modified on 7/20/2022 (msr, COURT STAFF). |
| Filing 24 Summons Issued as to California Department of Transportation, Burlington Northern Santa Fe Railroad,, City Of Oakland, County of Alameda, Dina El-Tawansy, Kathryn Farmer, Susan Muranishi, Gavin Newsom, Toks Omishakin, Ed Reiskin, Libby Schaaf. (Attachments: #1 Supplement USM California Dept. of Transportation, #2 Supplement USM Toks Omishakin, #3 Supplement USM El-Tawansy, #4 Supplement USM City of Oakland, #5 Supplement USM Mayor Libby Schaaf, #6 Supplement USM Ed Reiskin, #7 Supplement USM Gavin Newsom, #8 Supplement USM Alameda County, #9 Supplement USM Susan Muranishi, #10 Supplement USM Burlington, #11 Supplement USM Susan Farmer)(msr, COURT STAFF) (Filed on 7/19/2022) |
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Filing 23
ORDER by Judge William H. Orrick granting #3 Motion for Leave to Proceed in forma pauperis; granting #4 Motion for Leave to Proceed in forma pauperis; granting #5 Motion for Leave to Proceed in forma pauperis; granting #6 Motion for Leave to Proceed in forma pauperis; granting #7 Motion for Leave to Proceed in forma pauperis; granting #8 Motion for Leave to Proceed in forma pauperis; granting #9 Motion for Leave to Proceed in forma pauperis; granting #10 Motion for Leave to Proceed in forma pauperis; granting #11 Motion for Leave to Proceed in forma pauperis; granting #12 Motion for Leave to Proceed in forma pauperis; granting #13 Motion for Leave to Proceed in forma pauperis; granting #14 Motion for Leave to Proceed in forma pauperis; granting #15 Motion for Leave to Proceed in forma pauperis; granting #16 Motion for Leave to Proceed in forma pauperis. (jmd, COURT STAFF) (Filed on 7/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 22
TEMPORARY RESTRAINING ORDER (Duplicate Order correcting #20 TEMPORARY RESTRAINING ORDER which was initially docketed with an incorrect PDF image attached). Signed by Judge William H. Orrick on 07/19/2022. (jmd, COURT STAFF) (Filed on 7/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 21 CLERKS NOTICE SETTING ZOOM HEARING - The Temporary Restraining Order Hearing set for 7/22/2022 10:00 AM will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, re cording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.ca nd.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 7/19/2022) |
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Filing 20
TEMPORARY RESTRAINING ORDER by Judge William H. Orrick granting #2 Motion. Temporary Restraining Order Hearing set for 7/22/2022 10:00 AM Modified on 7/19/2022 to correct incorrect image attachment. Incorrect image restricted and Correct image added as #1 Main Document) (jmd, COURT STAFF). Modified on 7/19/2022 (jmd, COURT STAFF).
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| Remark: Copies of Summons, Complaint, TRO Motion and Order emailed and faxed to Attorney General's Office and Alameda City Counsel per order. Email Service rejected by Attorney General's Office. See https://oag.ca.gov/services-info (msr, COURT STAFF) (Filed on 7/19/2022) Modified on 7/19/2022 (msr, COURT STAFF). |
| Remark: Service documents delivered to U.S. Marshals office. (msr, COURT STAFF) (Filed on 7/19/2022) |
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Filing 19
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 07/18/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jlg, COURT STAFF) (Filed on 7/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 18 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (rmm2, COURT STAFF) (Filed on 7/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 17 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/13/2022. Initial Case Management Conference set for 10/20/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor. (msr, COURT STAFF) (Filed on 7/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 16 MOTION for Leave to Proceed in forma pauperis filed by Alex Heine. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis filed by James Freeman. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis filed by Mayana Sparks. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis filed by Adam Davis. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis filed by Richard Milton. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis filed by Esteban Gonzalez. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis filed by John Janosko. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis filed by Kelly Thompson. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Shawn Widomen. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Peter A. Doder. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Nicolas Gonzalez. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Kellie Castillo. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Benjamin Murawski. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Jackson Blain. (msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 2 MOTION for Temporary Restraining Order filed by David Bahar, Jackson Blain, Matthew Buster, Kellie Castillo, Katherine Cavener, Pierre Daniels, Adam Davis, Dustin Denega, Abby Dill, Peter A. Doder, James Foreman, James Freeman, Esteban Gonzalez, Nicolas Gonzalez, Alex Heine, Jessica Higgin, John Janosko, Phil Jenkins, Richard Milton, Benjamin Murawski, Jeremy Oliviera, Jay Prasad, Ramona, Matt Sanativsar, Will Schwerma, Ken Shen, Douglas Sollars, Mayana Sparks, Kelly Thompson, Shawn Widomen, Greg Widomer. (Attachments: #1 Exhibit A-H, #2 Exhibit 1-5)(msr, COURT STAFF) (Filed on 7/18/2022) |
| Filing 1 COMPLAINT against Gavin Newsom, Burlington Northern Santa Fe Railroad, Katherind Farmer, Dina El-Tawansy, Ed Reiskin, California Department of Transportation, Toks Omishakin, Director, City of Oakland, Mayor Libby Schaaff, County of Alameda, Susan Muranishi. Filed byJay Prasad, Gavin Newsom, Phil Jenkins, Shawn Widomen, Jessica Higgin, John Janosko, Jackson Blain, James Foreman, Will Schwerma, Greg Widomer, Matt Sanativsar, Abby Dill, Dustin Denega, Benjamin Murawski, Pierre Daniels, Jeremy Oliviera, James Freeman, Douglas Sollars, Mayana Sparks, David Bahar, Katherine Cavener, Richard Milton, Matthew Buster, Esteban Gonzalez, Burlington Northern Santa Fe Railroad, Katherind Farmer, Dina El-Tawansy, Kellie Castillo, Alex Heine, Adam Davis, Ramona, Peter A. Doder, Ed Reiskin, Kelly Thompson, Ken Shen, Nicolas Gonzalez. (Attachments: #1 Civil Cover Sheet)(msr, COURT STAFF) (Filed on 7/18/2022) |
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