Berkeley Homeless Union, et al. v. City of Berkeley, et al.
| BERKELEY HOMELESS UNION, ADRIEN BOUCHARD, NICHOLAS JOHNSON and FRANK MOORE |
| CITY OF BERKELEY, THOMAS GREGORY, PAUL BUDDENHAGEN, PETER RADU, OKEYA VANCE-DOZIER and RASHI KESERWANI |
| CHAIM LLC, KATHY DENNISON, FAR WEST BREWING LLC, KJD INVESTMENTS and EMILY WINSTON |
| BAY AREA COUNCIL, THE LEAGUE OF CALIFORNIA CITIES and DISABILITY RIGHTS ADVOCATES |
| 26-2755 |
| May 1, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
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 BERKELEY HOMELESS UNION, ET AL. V. CITY OF BERKELEY, ET AL.San Francisco, Northern CaliforniaCivil
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Docket Report
RSS Track this Docket
This docket was last retrieved on October 30, 2026. A more recent docket listing may be available from PACER.
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Filing 65
CLERK ACTION: Amicus Brief submitted at DE 61 by The League of California Cities is filed. No paper copies are required. [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177] [Entered: 10/30/2026 01:48 PM]
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Filing 64
ADDED Amicus Curiae The League of California Cities, with counsel Zahra Bocek; Amicus Curiae - Pending Bay Area Council, with counsel Bradley Joseph Hamburger. [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177] [Entered: 10/30/2026 01:32 PM]
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Filing 63
AMICUS BRIEF and MOTION for leave to file amicus brief filed by Bay Area Council. [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177] [Entered: 10/29/2026 08:47 PM]
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Filing 62
DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by The League of California Cities. [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177]--[Duplicate entry, disclosure statement already provided in DE 76 in No. 25-7341] [Entered: 10/29/2026 05:52 PM] [Edited: 10/30/2026 01:38 PM]
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Filing 61
AMICUS BRIEF by government or with consent submitted for filing by The League of California Cities. [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177]--[COURT UPDATE: Separate PDFs of brief and disclosure statement attached as of 10/30/2026, REPLACING original attachment] [Entered: 10/29/2026 05:45 PM] [Edited: 10/30/2026 01:37 PM]
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Filing 60
ORDER FOR PUBLICATION FILED. (Sidney R. THOMAS, Morgan B. CHRISTEN, Patrick J. BUMATAY) (Concurrence in part and dissent in part by Judge Bumatay) [SEE ORDER FOR FULL TEXT] The court has received the Citys emergency motion for administrative stay and stay pending appeal. (Nos. 26-6170, 26-6177, Dkt. 4). The request for stay pending appeal is GRANTED IN PART, AND DENIED IN PART WITHOUT PREJUDICE. The request for administrative stay is DENIED AS MOOT. [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177] [Entered: 10/26/2026 04:29 PM]
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Filing 59
CLERK ACTION: Supplemental Brief and Excerpts for Record submitted at DE 55, DE 57 by Appellants City of Berkeley, et al. are filed. No paper copies are required. [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177] [Entered: 10/23/2026 05:22 PM]
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Filing 58
DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [26-6177, 25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170]--[Duplicate filing, correct entry is DE 72 in No. 25-7341] [Entered: 10/23/2026 09:47 AM] [Edited: 10/23/2026 12:38 PM]
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Filing 57
EXCERPTS OF RECORD submitted for filing by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [26-6170, 25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6177] [Entered: 10/23/2026 09:37 AM]
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Filing 56
DEFECTIVE --- SUPPLEMENTAL BRIEF submitted for filing by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [26-6177, 25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170]--[Duplicate filing, correct entry is DE 70 in No. 25-7341] [Entered: 10/22/2026 05:07 PM] [Edited: 10/23/2026 12:37 PM]
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Filing 55
SUPPLEMENTAL BRIEF submitted for filing by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [26-6170, 25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6177]--[COURT UPDATE: Corrected PDF attached as of 10/23/2026, REPLACING original attachment] [Entered: 10/22/2026 05:05 PM] [Edited: 10/23/2026 05:09 PM]
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Filing 54
MEDIATION ORDER: By 10/29/2026, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [26-6170, 26-6177] [Entered: 10/20/2026 11:04 AM]
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Filing 53
REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [26-6170, 25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6177] [Entered: 10/13/2026 04:01 PM]
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Filing 52
CLERK ACTION: Amicus Brief submitted at in 25-7341; DE 20 in 26-842; and DE 8 in 26-2820 by Harrison Street Residents is filed. No paper copies are required. [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177] [Entered: 10/07/2026 03:16 PM]
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Filing 51
ORDER FILED. The motion to consolidate and extend the briefing schedule (Docket Entries 55, 56 in No. 25-7341; Docket Entries 53, 54 in No. 26-842; Docket Entries 16, 20 in No. 26-2820; Docket Entries 39, 40 in No. 26-2755; Docket Entries 29, 30 in No. 26-2823) is granted. Appeals No. 25-7341, 26-842, 26-2820, 26-2755, 26-2823, 26-6170, and 26-6177 are consolidated. The Citys supplemental brief and additional excerpts of record shall be filed in the consolidated appeals on or before October 22, 2026. The answering briefs shall be filed on or before November 23, 2026. The Citys optional reply brief is due December 15, 2026. The motion of proposed amicus curiae Harrison Street Residents for leave to file amicus brief (Docket Entry 30 in No. 25-7341; Docket Entry 20 in No. 26-842; Docket Entry 8 in No. 26-2820) is granted. The court defers ruling on the motion of Harrison Street Residents to participate in oral argument (Docket Entry 57 in No. 25-7341; Docket Entry 55 in No. 26-842; Docket Entry 19 in No. 26-2820; Docket Entry 41 in No. 26-2755; Docket Entry 31 in No. 26-2823). The December 11, 2026 argument in these cases is vacated. The Clerk will calendar these appeals for argument on Thursday, February 11, 2026 at 2:30 P.M. in San Francisco, California. [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177] [Entered: 10/07/2026 02:32 PM]
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Filing 50
RESPONSE to Motion to Dismiss (DE 58) filed by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [25-7341, 26-842, 26-2755, 26-2823] [Entered: 10/02/2026 11:36 AM]
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Filing 49
RESPONSE to Order - Call for Response to Filing (DE 60) filed by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [25-7341, 26-842, 26-2755, 26-2823] [Entered: 09/28/2026 04:49 PM]
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Filing 48
RESPONSE to Order - Call for Response to Filing (DE 34) filed by Appellee Yesica Prado, Appellee Erin Spencer, Appellee Amber Whitson, Appellee Monique Williams, Appellee Where Do We Go, Appellee Jermaine White. [26-2823, 25-7341, 26-842, 26-2755] [Entered: 09/28/2026 04:48 PM]
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Filing 47
NOTICE OF ORAL ARGUMENT on Friday, December 11, 2026 - 09:00 A.M. - Courtroom 1 - 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, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [26-6170, 26-6177] [Entered: 09/28/2026 12:01 PM]
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Filing 46
NOTICE OF ORAL ARGUMENT on Friday, December 11, 2026 - 09:00 A.M. - Courtroom 1 - 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, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-7341, 26-842, 26-2755, 26-2820, 26-2823] [Entered: 09/27/2026 12:29 PM]
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Filing 45
NOTICE OF ORAL ARGUMENT on Friday, December 11, 2026 - 09:00 A.M. - Courtroom 1 - 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, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-7341, 26-842, 26-2755, 26-2820, 26-2823] [Entered: 09/27/2026 12:29 PM]
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Filing 44
ORDER FILED. The September 25, 2026 deadlines for Appellees answering briefs are suspended in this case and in Case No. 26-2820 until further order of the court. By close of business Monday, September 28, 2026, all parties shall file statements clarifying their respective positions regarding consolidation in the event the motions to dismiss the preliminary injunction appeals are not granted. See Dkt. 55 at 9 n.2.[25-7341, 26-842, 26-2755, 26-2823] [Entered: 09/24/2026 04:52 PM]
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Filing 43
MOTION to Dismiss filed by Appellee Berkeley Homeless Union. [25-7341, 26-842, 26-2755, 26-2823] [Entered: 09/22/2026 12:23 PM]
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Filing 42
DEFECTIVE --- MOTION to Dismiss filed by Appellee Berkeley Homeless Union. [Duplicate PDF, correct PDF is 25-7341 DE 59] [26-2755, 25-7341, 26-842, 26-2823] [Entered: 09/22/2026 12:21 PM] [Edited: 09/22/2026 01:37 PM]
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Filing 41
MOTION OF AMICUS CURIAE to Participate in Oral Argument filed by Amicus Curiae - Pending Harrison Street Residents. [25-7341, 26-842, 26-2755, 26-2823] [Entered: 09/22/2026 09:50 AM]
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Filing 40
MOTION to Extend Time to File Brief filed by Appellee Yesica Prado, Appellee Erin Spencer, Appellee Amber Whitson, Appellee Monique Williams, Appellee Where Do We Go, Appellee Jermaine White. [26-2823, 25-7341, 26-842, 26-2755] [Entered: 09/21/2026 04:10 PM]
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Filing 39
MOTION to Consolidate filed by Appellee Yesica Prado, Appellee Erin Spencer, Appellee Amber Whitson, Appellee Monique Williams, Appellee Where Do We Go, Appellee Jermaine White. [26-2823, 25-7341, 26-842, 26-2755] [Entered: 09/21/2026 04:08 PM]
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Filing 38
MAIL RETURNED. DE 53 addressed to Appellee Frank Moore. Action taken: none (no forwarding address found). [25-7341, 26-842, 26-2755, 26-2823] [Entered: 09/08/2026 11:26 AM]
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Filing 37
ORDER FILED. The unopposed motion (Docket Entry No. 52) for an extension of time to file the answering brief is granted. The answering briefs are due September 25, 2026. The optional consolidated reply brief is due 21 days after the last answering brief is served. [25-7341, 26-842, 26-2755, 26-2823] [Entered: 08/21/2026 03:00 PM]
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Filing 36
MOTION to Extend Time to File Brief filed by Appellee Yesica Prado, Appellee Erin Spencer, Appellee Amber Whitson, Appellee Monique Williams, Appellee Where Do We Go, Appellee Jermaine White. [26-2823, 25-7341, 26-842, 26-2755] [Entered: 08/18/2026 01:05 PM]
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Filing 35
NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for December 2026 and the subsequent sitting month in that location at #https://www.ca9.uscourts.gov/cases/calendar. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#https://cdn.ca9.uscourts.gov/datastore/uploads/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#https://cdn.ca9.uscourts.gov/datastore/uploads/forms/form32instructions.pdf) carefully. 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 motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-7341, 26-842, 26-2755, 26-2820, 26-2823] [Entered: 08/18/2026 11:43 AM]
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Filing 34
NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for December 2026 and the subsequent sitting month in that location at #https://www.ca9.uscourts.gov/cases/calendar. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#https://cdn.ca9.uscourts.gov/datastore/uploads/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#https://cdn.ca9.uscourts.gov/datastore/uploads/forms/form32instructions.pdf) carefully. 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 motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-7341, 26-842, 26-2755, 26-2820, 26-2823] [Entered: 08/18/2026 11:43 AM]
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Filing 33
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 23) denied, Streamlined Request for Extension of Time to File Brief (DE 32) denied, Streamlined Request for Extension of Time to File Brief (DE 46) denied, Streamlined Request for Extension of Time to File Brief (DE 49) denied. Extension is not allowed pursuant to CR 31-2.2(a)(3). Streamline requests are not available for Preliminary Injunction Appeals. The filer must file a motion per 9th Cir. R. 31-2.2(b). [26-2755, 25-7341, 26-842, 26-2823] [Entered: 07/30/2026 01:08 PM]
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Filing 32
Streamlined Request for Extension of Time to File Brief filed by Appellee Yesica Prado, Appellee Erin Spencer, Appellee Amber Whitson, Appellee Monique Williams, Appellee Where Do We Go, Appellee Jermaine White. [26-2823, 25-7341, 26-842, 26-2755] [Entered: 07/30/2026 09:22 AM]
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Filing 31
CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 29, DE 30 by Appellants City of Berkeley, et al. are filed. No paper copies are required. [25-7341, 26-842, 26-2755, 26-2823] [Entered: 07/29/2026 03:36 PM]
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Filing 30
EXCERPTS OF RECORD submitted for filing by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [26-2755, 25-7341, 26-842, 26-2823]--[COURT UPDATE: Corrected PDFs attached as of 7/29/2026, REPLACING original attachments] [Entered: 07/27/2026 09:23 PM] [Edited: 07/29/2026 02:58 PM]
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Filing 29
OPENING BRIEF submitted for filing by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [26-2755, 25-7341, 26-842, 26-2823]--[COURT UPDATE: Corrected PDFs and certificate of service attached as of 7/29/2026, REPLACING original attachments] [Entered: 07/27/2026 09:01 PM] [Edited: 07/29/2026 02:53 PM]
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Filing 28
ADDED Counsel for Appellee Shawna Parks [26-2823, 25-7341, 26-842, 26-2755] [Entered: 07/22/2026 02:33 PM]
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Filing 27
NOTICE OF APPEARANCE by Shawna Parks for Appellee Amber Whitson, Appellee Erin Spencer, Appellee Jermaine White, Appellee Monique Williams, Appellee Where Do We Go, Appellee Yesica Prado. [26-2823, 25-7341, 26-842, 26-2755] [Entered: 07/22/2026 02:24 PM]
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Filing 26
Attorney Emily Roznowski as Counsel for Amicus Curiae - Pending substituted for Attorney . [25-7341, 26-842, 26-2755, 26-2823] [Entered: 07/17/2026 10:56 AM]
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Filing 25
NOTICE of Withdrawal as Counsel filed by Thomas Philip Zito. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [26-2823, 25-7341, 26-842, 26-2755] [Entered: 07/17/2026 10:31 AM]
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Filing 24
NOTICE OF APPEARANCE by Emily Roznowski for Amicus Curiae - Pending Disability Rights Advocates replacing Thomas Philip Zito. [25-7341, 26-842, 26-2755, 26-2823] [Entered: 07/17/2026 10:00 AM]
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Filing 23
Notice of Withdrawal of Counsel filed at DE 22 is rejected. New counsel must enter an appearance because a corporation cannot appear pro se. [25-7341, 26-842, 26-2755, 26-2823] [Entered: 07/17/2026 09:02 AM]
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Filing 22
NOTICE of Withdrawal as Counsel filed by Thomas Philip Zito. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [26-2823, 25-7341, 26-842, 26-2755] [Entered: 07/16/2026 02:47 PM]
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Filing 21
MAIL RETURNED. DE 37 addressed to Appellee Frank Moore. Action taken: none (no forwarding address found). [25-7341, 26-842, 26-2755, 26-2823] [Entered: 07/02/2026 04:34 PM]
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Filing 20
ORDER FILED. The motion to consolidate (Docket Entry No. 36 in 25-7341; Docket Entry No. 27 in 26-842; Docket Entry No. 15 in 26-2755; Docket Entry No. 6 in 26-2823) is granted. These appeals are consolidated. The motion (Docket Entry No. 16 in 26-2755; Docket Entry No. 7 in 26-2823) for an extension of time to file the consolidated opening brief for appeal Nos. 26-2755 and 26-2823 is granted. The consolidated opening brief for appeal Nos. 26-2755 and 26-2823 is due July 27, 2026. The answering briefs are due August 26, 2026. The optional consolidated reply brief is due 21 days after the answering briefs are served. The clerk will calendar these cases together after briefing is complete in appeal Nos. 26-2755 and 26-2823. [25-7341, 26-842, 26-2755, 26-2823] [Entered: 06/16/2026 09:46 AM]
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Filing 19
TERMINATED participation of Intervenor - Pending Chaim LLC, Intervenor - Pending Kathy Dennison, Intervenor - Pending Far West Brewing LLC, Intervenor - Pending KJD Investments, Intervenor - Pending Emily Winston. [Entered: 06/01/2026 03:42 PM]
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Filing 18
ORDER FILED. FRIEDLAND, R. NELSON, and BADE, Circuit Judges. Order by Judges FRIEDLAND and BADE; Concurrence by Judge FRIEDLAND; Dissent by Judge R. NELSON. The motion (Docket Entry No. 4) to intervene is denied. See E. Bay Sanctuary Covenant v. Biden, 102 F.4th 996, 1001 (9th Cir. 2024) (policies underlying Federal Rule of Civil Procedure 24 guide this courts analysis of a motion to intervene). This denial is without prejudice to movants filing a motion for leave to file a brief as amicus curiae. Briefing is temporarily stayed. The court will address the motions for an extension of time to file the opening brief and to consolidate by separate order. [SEE ORDER FOR FULL TEXT, CONCURRENCE, AND DISSENT] [Entered: 06/01/2026 03:41 PM]
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Filing 17
RELEASED FROM MEDIATION. This case is released from the Mediation Program. [26-2755, 26-2820] [Entered: 05/29/2026 11:16 AM]
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Filing 16
MOTION to Extend Time to File Brief filed by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [Entered: 05/22/2026 10:18 AM]
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Filing 15
MOTION to Consolidate filed by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [Entered: 05/22/2026 10:16 AM]
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Filing 14
REPLY to Response to Motion to Intervene (DE 11) filed by Chaim LLC, Kathy Dennison, Far West Brewing LLC, KJD Investments, and Emily Winston . [Entered: 05/19/2026 12:34 PM]
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Filing 13
ADDED Counsel for Appellant Ruth M. Bond [Entered: 05/18/2026 03:00 PM]
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Filing 12
NOTICE OF APPEARANCE by Ruth M. Bond for Appellant City of Berkeley. [Entered: 05/18/2026 01:25 PM]
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Filing 10
ADDED Counsel for Appellant Rahi Azizi [Entered: 05/15/2026 08:54 AM]
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Filing 11
RESPONSE to Motion to Intervene (DE 4) filed by Appellant City of Berkeley.--[Court entered filing to correct DE 9] [Entered: 05/15/2026 09:03 AM]
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Filing 9
DEFECTIVE --- MOTION to Intervene filed by City of Berkeley.--[Wrong filing type, correct entry is DE 11] [Entered: 05/14/2026 10:16 PM] [Edited: 05/15/2026 09:04 AM]
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Filing 8
NOTICE OF APPEARANCE by Rahi Azizi for Appellant City of Berkeley. [Entered: 05/14/2026 09:37 PM]
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Filing 7
NOTICE OF APPEARANCE by Rahi Azizi for Appellant City of Berkeley. [Entered: 05/14/2026 04:52 PM]
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Filing 6
MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 5/28/2026, 2:00 p.m. PACIFIC Time. See order for instructions and details. [Entered: 05/14/2026 02:56 PM]
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Filing 5
ADDED Intervenors - Pending Chaim LLC, Kathy Dennison, Far West Brewing LLC, KJD Investments, Emily Winston; Counsel for Intervenors - Pending: Ilan Wurman. [Entered: 05/12/2026 12:01 PM]
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Filing 4
MOTION to Intervene filed by Chaim LLC, Kathy Dennison, Far West Brewing LLC, KJD Investments, and Emily Winston. [Entered: 05/08/2026 03:59 PM]
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Filing 3
MEDIATION QUESTIONNAIRE filed by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. 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. [Entered: 05/06/2026 03:55 PM]
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Filing 2
PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 5/6/2026, Preliminary Injunction Answering Brief Due (Appellee) 6/26/2026, Preliminary Injunction Opening Brief Due (Appellant) 5/29/2026. For appeal no. 26-2755, 3:25-cv-01414-EMC.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 05/01/2026 11:13 AM]
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Filing 1
CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-01414-EMC has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 26-2755 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 05/01/2026 11:11 AM]
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