Delphine Allen, et al v. City of Oakland, et al
| BOBBY PREE, KENNETH SORIANO, MATTHEW WATSON, a minor, by and through his guardian ad litem, JABAREE HIGHSMITH, JOHN HARGRAVES, JASON ROBINSON, DAMIEN RUDD, PAUL JONES, JAMES A. WHEELER, CLIFFORD WONG, RONALD ROBINSON, CALVIN R. EDWARDS, DELPHINE ALLEN and BOBBY JACKSON |
| ORTIZ, Officer, individually and in his capacity as a police officer for the City of Oakland, MATTHEW HORNUNG, individually and in his capacity as a police officer for the City of Oakland, HAYTER, Sgt., individually and in his capacity as a police supervisor for the City of Oakland, S. HEWISON, JUDE SIAPNO, individually and in his capacity as a police officer for the City of Oakland, CITY OF OAKLAND, RICHARD WORD, individually and in his capacity as Chief of Police for the City of Oakland, FRANCISCO VAZQUEZ, individually and in his capacity as a police officer for the City of Oakland and CLARENCE MABANAG, individually and in his capacity as a police officer for the City of Oakland |
| SAIED KARAMOOZ, JOHN JONES III, Proposed Intervenors, RASHIDAH GRINAGE, ANNE JANKS and COALITION FOR POLICE ACCOUNTABIILTY |
| OAKLAND POLICE OFFICERS ASSOCIATION |
| 19-16332 |
| July 5, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
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| DELPHINE ALLEN V. CITY OF OAKLAND |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.
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Filing 45
MANDATE ISSUED.(MBC, JBO and JFB) [11843528] (RR) [Entered: 10/01/2020 10:19 AM]
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Filing 44
FILED MEMORANDUM DISPOSITION (MORGAN B. CHRISTEN, JOHN B. OWENS and JOSEPH F. BATAILLON) AFFIRMED. FILED AND ENTERED JUDGMENT. [11817091] (MM) [Entered: 09/09/2020 09:16 AM]
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Filing 43
SUBMITTED ON THE BRIEFS TO MORGAN B. CHRISTEN, JOHN B. OWENS and JOSEPH F. BATAILLON. [11782923] (WWP) [Entered: 08/10/2020 11:39 AM]
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Filing 42
Filed clerk order (Deputy Clerk: AF): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. Therefore, this case is ordered submitted on the briefs and record without oral argument on August 10, 2020 in San Francisco, California. Fed. R. App. P. 34(a)(2). [11755151] (AF) [Entered: 07/16/2020 11:44 AM]
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Filing 41
Filed clerk order (Deputy Clerk: KJC): NOTICE REGARDING SCHEDULED ORAL ARGUMENTS This notice is being issued to all cases currently scheduled for the courts August 10 - 14, 2020 oral argument calendar in Courtroom 3 in San Francisco, California. At this time, the Browning Courthouse in San Francisco is closed to the public due to the current health emergency. It is anticipated the three-judge panel will appear by video, rather than traveling to San Francisco, and it is likely that counsel will be unable to enter the courthouse and appear in person. However, counsel may participate in the arguments via video conference or telephone. Arrangements for remote participation must be made in advance with the courts information technology staff. Counsel should expect that the courtroom deputy will contact them to make those arrangements. Please note that in most cases lawyers will be able to participate by video using their existing camera-equipped laptops or desktop computers; special video conferencing equipment is not necessary. (see notice for more info) [11717353] [17-17082, 18-10449, 19-15029, 18-17246, 19-16202, 19-16332] (KJC) [Entered: 06/10/2020 11:28 AM]
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Filing 40
Notice of Oral Argument on Monday, August 10, 2020 - 09:00 A.M. - Courtroom 3 - Previously Scheduled Location: San Francisco CA. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument will be held remotely with all of the judges and attorneys appearing by video or telephone. Your travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with your directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, August 10, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11706007]. [19-16332] (AW) [Entered: 05/31/2020 06:14 AM]
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Filing 39
Filed (ECF) Attorney John L. Burris, Esquire for Appellees Delphine Allen, Calvin R. Edwards, John Hargraves, Jabaree Highsmith, Bobby Jackson, Paul Jones, Bobby Pree, Jason Robinson, Ronald Robinson, Damien Rudd, Kenneth Soriano, Matthew Watson, James A. Wheeler and Clifford Wong response to notice for case being considered for oral argument. Date of service: 05/04/2020. [11680163] [19-16332] (Burris, John) [Entered: 05/04/2020 04:55 PM]
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Filing 38
Filed (ECF) Attorney Ms. Pamela Y. Price for Appellants Coalition for Police Accountabiilty, Rashidah Grinage, Anne Janks, John Jones, III and Saied Karamooz response to notice for case being considered for oral argument. Date of service: 05/04/2020. [11679609] [19-16332] (Price, Pamela) [Entered: 05/04/2020 01:01 PM]
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Filing 37
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for August 2020 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[11677634]. [19-16332] (AW) [Entered: 05/01/2020 09:11 AM]
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Filing 36
Filed (ECF) Attorney John L. Burris, Esquire for Appellees Delphine Allen, Calvin R. Edwards, John Hargraves, Jabaree Highsmith, Bobby Jackson, Paul Jones, Bobby Pree, Jason Robinson, Ronald Robinson, Damien Rudd, Kenneth Soriano, Matthew Watson, James A. Wheeler and Clifford Wong response to notice for case being considered for oral argument. Date of service: 03/18/2020. [11634133] [19-16332] (Burris, John) [Entered: 03/18/2020 01:46 PM]
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Filing 35
Received 5 paper copies of excerpts of record [ # 15 ] in 6 volume(s) filed by Appellants. [11633091] (LA) [Entered: 03/17/2020 04:19 PM]
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Filing 34
Received 9 paper copies of Opening Brief [ # 14 ] filed by Appellants. [11632248] (SD) [Entered: 03/17/2020 10:59 AM]
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Filing 33
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for July 2020 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[11629150]. [19-16332] (AW) [Entered: 03/13/2020 11:01 AM]
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Filing 32
Streamlined request [31] by Appellants Coalition for Police Accountabiilty, Rashidah Grinage, Anne Janks, John Jones, III and Saied Karamooz to extend time to file the brief is approved. Streamlined requests allow for 30 days. Amended briefing schedule: the optional reply brief is due 03/09/2020. [11583135] (BG) [Entered: 02/03/2020 02:41 PM]
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Filing 31
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Coalition for Police Accountabiilty, Rashidah Grinage, Anne Janks, John Jones, III and Saied Karamooz. New requested due date is 03/04/2020. [11582882] [19-16332] (Price, Pamela) [Entered: 02/03/2020 01:38 PM]
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Filing 30
Received 3 paper copies of supplemental excerpts of record [ # 22 ] in 1 volume(s) filed by Appellee Delphine Allen. [11572916] (KT) [Entered: 01/24/2020 09:28 AM]
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Filing 29
Received 6 paper copies of Answering Brief [ # 21 ] filed by Delphine Allen. [11572094] (SD) [Entered: 01/23/2020 02:27 PM]
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Filing 28
Received 3 paper copies of supplemental excerpts of record [ # 20 ] in 1 volume(s) filed by Appellee City of Oakland. [11570917] (KT) [Entered: 01/22/2020 04:08 PM]
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Filing 27
Received 6 paper copies of Answering Brief [ # 19 ] filed by City of Oakland. [11570822] (SD) [Entered: 01/22/2020 03:42 PM]
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Filing 26
Filed clerk order (Deputy Clerk: TAH): The motion (Docket Entry No. [ # 24 ]) filed by appellees Delphine Allen, et al., for leave to file the supplemental excerpts of record one day late is granted. The Clerk has filed the supplemental excerpts of record (Docket Entry No. [ # 22 ]). The optional reply brief is due within 21 days after the date of this order. [11568008] (JPD) [Entered: 01/21/2020 11:27 AM]
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Filing 25
Filed clerk order: The answering briefs [ # 19 ], [ # 21 ] submitted by Appellees City of Oakland and Delphine Allen are filed. The supplemental excerpts of record [ # 20 ], [ # 22 ] submitted by Appellees City of Oakland and Delphine Allen are filed. The Court previously filed the brief [ # 14 ] and excerpts of record [ # 15 ] submitted by appellants. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the opening brief must be blue. The covers of the answering brief(s) must be red. Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11565281] (KT) [Entered: 01/16/2020 03:16 PM]
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Filing 24
Filed (ECF) Appellee Delphine Allen Motion for miscellaneous relief [Motion to File Late Supplemental Excerpts of Record]. Date of service: 01/14/2020. [11562577] [19-16332] (Burris, John) [Entered: 01/14/2020 05:58 PM]
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Filing 23
COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 19 ]. Original Text: Submitted (ECF) Answering Brief for review. Submitted by Appellee City of Oakland. Date of service: 01/14/2020. [11562523] [19-16332] (Pereda, David) [Entered: 01/14/2020 04:53 PM]
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Filing 22
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Delphine Allen. Date of service: 01/14/2020. [11561842] [19-16332] (Burris, John) [Entered: 01/14/2020 01:28 PM]
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Filing 21
Submitted (ECF) Answering Brief for review. Submitted by Appellee Delphine Allen. Date of service: 01/13/2020. [11560082] [19-16332] (Burris, John) [Entered: 01/13/2020 02:04 PM]
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Filing 20
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee City of Oakland. Date of service: 01/13/2020. [11559999] [19-16332] (Pereda, David) [Entered: 01/13/2020 01:36 PM]
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Filing 19
Submitted (ECF) Answering Brief for review. Submitted by Appellee City of Oakland. Date of service: 01/13/2020. [11559986] [19-16332]--[COURT UPDATE: attached corrected PDF of answering brief. 01/16/2020 by KT] (Pereda, David) [Entered: 01/13/2020 01:34 PM]
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Filing 18
Streamlined request [17] by Appellee City of Oakland to extend time to file the brief is approved for all Appellees. Streamlined requests allow for a 30 day extension of time to file the brief. Amended briefing schedule: Appellees Delphine Allen, City of Oakland, Calvin R. Edwards, John Hargraves, Hayter, S. Hewison, Jabaree Highsmith, Matthew Hornung, Bobby Jackson, Paul Jones, Clarence Mabanag, Oakland Police Officers Association, Ortiz, Bobby Pree, Jason Robinson, Ronald Robinson, Damien Rudd, Jude Siapno, Kenneth Soriano, Francisco Vazquez, Matthew Watson, James A. Wheeler, Clifford Wong and Richard Word answering brief due 01/13/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11517334] (JN) [Entered: 12/02/2019 12:37 PM]
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Filing 17
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee City of Oakland. New requested due date is 01/09/2020. [11517038] [19-16332] (Pereda, David) [Entered: 12/02/2019 10:44 AM]
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Filing 16
Filed clerk order: The opening brief [ # 14 ] and excerpts of record [ # 15 ] submitted by appellants are filed. No paper copies are required at this time. [11497257] (KT) [Entered: 11/13/2019 10:00 AM]
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Filing 15
Submitted (ECF) excerpts of record. Submitted by Appellants Coalition for Police Accountabiilty, Rashidah Grinage, Anne Janks, John Jones, III and Saied Karamooz. Date of service: 11/10/2019. [11495008] [19-16332]--[COURT UPDATE: attached corrected PDFs of excerpts of record. 11/13/2019 by KT] (Price, Pamela) [Entered: 11/10/2019 02:06 AM]
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Filing 14
Submitted (ECF) Opening Brief for review. Submitted by Appellants Coalition for Police Accountabiilty, Rashidah Grinage, Anne Janks, John Jones, III and Saied Karamooz. Date of service: 11/10/2019. [11495006] [19-16332] (Price, Pamela) [Entered: 11/10/2019 12:58 AM]
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Filing 13
Streamlined request [12] by Appellants Coalition for Police Accountabiilty, Rashidah Grinage, Anne Janks, John Jones, III and Saied Karamooz to extend time to file the brief is approved. Streamlined requests allow for 30 days. Amended briefing schedule: Appellants Coalition for Police Accountabiilty, Rashidah Grinage, Anne Janks, John Jones III and Saied Karamooz opening brief due 11/12/2019. Appellees Delphine Allen, City of Oakland, Calvin R. Edwards, John Hargraves, Hayter, S. Hewison, Jabaree Highsmith, Matthew Hornung, Bobby Jackson, Paul Jones, Clarence Mabanag, Oakland Police Officers Association, Ortiz, Bobby Pree, Jason Robinson, Ronald Robinson, Damien Rudd, Jude Siapno, Kenneth Soriano, Francisco Vazquez, Matthew Watson, James A. Wheeler, Clifford Wong and Richard Word answering brief due 12/12/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11455511] (BG) [Entered: 10/07/2019 08:27 AM]
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Filing 12
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Coalition for Police Accountabiilty, Rashidah Grinage, Anne Janks, John Jones, III and Saied Karamooz. New requested due date is 11/04/2019. [11455277] [19-16332] (Price, Pamela) [Entered: 10/04/2019 05:19 PM]
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Filing 11
Attorney Edward Marc Fishman in 19-16332 substituted by Attorney Alison Berry Wilkinson in 19-16332 [11453674] (RR) [Entered: 10/03/2019 04:39 PM]
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Filing 10
Filed (ECF) notice of appearance of Alison Berry Wilkinson (Berry Wilkinson Law Group, 165 North Redwood Drive, Suite 206, San Rafael, CA 94903) for Appellees Jude Siapno and Matthew Hornung. Substitution for Edward Marc Fishman for Appellee Matthew Hornung and Mr. William R. Rapoport for Appellee Jude Siapno. Date of service: 10/03/2019. (Party previously proceeding without counsel: No) [11453636] [19-16332] (Wilkinson, Alison) [Entered: 10/03/2019 04:25 PM]
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| Filing 9 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [11387780] (BS) [Entered: 08/05/2019 04:38 PM] |
| Filing 8 Mail returned on 07/30/2019 addressed to Edward Marc Fishman for Matthew Hornung, re: 07/17/2019 order [ # 6 ]. Returned envelope notes: return to sender, not at this address, unable to forward. Resending to: Legal Defense Administrators Inc., PO Box 1394, Santa Rosa, CA 95402. [11386053] (LA) [Entered: 08/02/2019 05:04 PM] |
| Filing 7 Mail returned on 07/29/2019 addressed to Edward Marc Fishman for Matthew Hornung, re: 07/05/2019 case opening letter [ # 1 ]. Returned envelope notes: not at this address, return to sender, unable to forward. Resending to: Legal Defense Administrators Inc., PO Box 1394, Santa Rosa, CA 95402. [11384919] --[Edited: Updated Address. 08/02/2019 by TYL] (LA) [Entered: 08/01/2019 07:17 PM] |
| Filing 6 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 07/31/2019, counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [11366333] (BS) [Entered: 07/17/2019 11:04 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 07/12/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11362620][19-16332] (AD) [Entered: 07/13/2019 06:44 AM] |
| Filing 4 Filed (ECF) Appellant Rashidah Grinage Mediation Questionnaire. Date of service: 07/12/2019. [11362617] [19-16332] (Price, Pamela) [Entered: 07/12/2019 11:59 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 07/11/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11361307][19-16332] (AD) [Entered: 07/11/2019 06:44 PM] |
| Filing 2 Filed (ECF) Appellee City of Oakland Mediation Questionnaire. Date of service: 07/11/2019. [11360798] [19-16332] (Pereda, David) [Entered: 07/11/2019 01:41 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 07/12/2019. Transcript ordered by 08/05/2019. Transcript due 09/03/2019. Appellants Coalition for Police Accountabiilty, Rashidah Grinage, Anne Janks, John Jones III and Saied Karamooz opening brief due 10/11/2019. Appellees Delphine Allen, City of Oakland, Calvin R. Edwards, John Hargraves, Hayter, S. Hewison, Jabaree Highsmith, Matthew Hornung, Bobby Jackson, Paul Jones, Clarence Mabanag, Oakland Police Officers Association, Ortiz, Bobby Pree, Jason Robinson, Ronald Robinson, Damien Rudd, Jude Siapno, Kenneth Soriano, Francisco Vazquez, Matthew Watson, James A. Wheeler, Clifford Wong and Richard Word answering brief due 11/12/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11355553] (RT) [Entered: 07/05/2019 04:38 PM] |
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