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 |
| THE LEAGUE OF CALIFORNIA CITIES, HARRISON STREET RESIDENTS and BAY AREA COUNCIL |
| 26-2820 |
| May 4, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
|---|
 BERKELEY HOMELESS UNION, ET AL. V. CITY OF BERKELEY, ET AL.San Francisco, Northern CaliforniaCivil
|
Docket Report
RSS Track this Docket
This docket was last retrieved on November 4, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 46
RELEASED FROM MEDIATION (text only). These cases are released from the Mediation Program. [26-6170, 26-6177] [Entered: 11/04/2026 02:10 PM]
|
|
Filing 44
ADDED Counsel for Amicus Curiae David Carrillo Casarrubias-Gonzalez [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177] [Entered: 11/03/2026 01:41 PM]
|
|
Filing 43
NOTICE OF APPEARANCE by David Carrillo Casarrubias-Gonzalez for Amicus Curiae The League of California Cities. [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177] [Entered: 11/03/2026 01:28 PM]
|
|
Filing 42
CLERK ACTION: Amicus Brief submitted at DE 38 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]
|
|
Filing 41
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]
|
|
Filing 40
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]
|
|
Filing 39
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]
|
|
Filing 38
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]
|
|
Filing 45
UPDATED ORDER FOR PUBLICATION FILED. (Sidney R. THOMAS, Morgan B. CHRISTEN, Patrick J. BUMATAY) (Concurrence in part and dissent in part by Judge Bumatay) Attached reformatted order. [25-7341, 26-842, 26-2755, 26-2820, 26-2823, 26-6170, 26-6177] [Entered: 11/03/2026 01:47 PM]
|
|
Filing 37
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]
|
|
Filing 36
CLERK ACTION: Supplemental Brief and Excerpts for Record submitted at DE 32, DE 34 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]
|
|
Filing 35
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]
|
|
Filing 34
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]
|
|
Filing 33
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]
|
|
Filing 32
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]
|
|
Filing 31
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]
|
|
Filing 30
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]
|
|
Filing 29
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]
|
|
Filing 28
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]
|
|
Filing 27
RESPONSE to Motion to Dismiss (DE 18) filed by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [Entered: 10/02/2026 11:50 AM]
|
|
Filing 26
RESPONSE to Order - Call for Response to Filing (DE 22) filed by Appellee Berkeley Homeless Union. [COURT ENTERED FILING to correct DE 25.] [Entered: 09/29/2026 08:45 AM]
|
|
Filing 25
DEFECTIVE --- STATUS REPORT filed by Appellee Berkeley Homeless Union. [Wrong filing type, correct entry is DE 26.] [Entered: 09/28/2026 06:25 PM] [Edited: 09/29/2026 08:45 AM]
|
|
Filing 24
RESPONSE to Order - Call for Response to Filing (DE 22) filed by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [Entered: 09/28/2026 04:54 PM]
|
|
Filing 23
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]
|
|
Filing 22
ORDER FILED. The September 25, 2026 deadline for Appellees answering brief is suspended in this case 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. 16 at 9 n.2. [Entered: 09/25/2026 09:52 AM]
|
|
Filing 21
MAIL RETURNED. DE 14 addressed to Appellee Frank Moore. Action taken: none (no forwarding address found). [Entered: 09/24/2026 10:34 AM]
|
|
Filing 20
MOTION to Extend Time to File Brief filed by Appellee Berkeley Homeless Union. [COURT ENTERED FILING to correct DE 17.] [Entered: 09/22/2026 01:30 PM]
|
|
Filing 19
MOTION OF AMICUS CURIAE to Participate in Oral Argument filed by Amicus Curiae - Pending Harrison Street Residents. [Entered: 09/22/2026 12:32 PM]
|
|
Filing 18
MOTION to Dismiss filed by Appellee Berkeley Homeless Union. [Entered: 09/22/2026 12:19 PM]
|
|
Filing 17
DEFECTIVE --- MOTION to Extend Time to File Answer filed by Appellee Berkeley Homeless Union. [Wrong filing type, correct entry is DE 20.] [Entered: 09/22/2026 12:15 PM] [Edited: 09/22/2026 01:31 PM]
|
|
Filing 16
MOTION to Consolidate filed by Appellee Berkeley Homeless Union. [Entered: 09/22/2026 12:14 PM]
|
|
Filing 15
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]
|
|
Filing 14
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 13) granted. Amended briefing schedule: Answering Brief Due (Appellee) 9/25/2026. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 08/17/2026 02:41 PM]
|
|
Filing 13
Streamlined Request for Extension of Time to File Brief filed by Appellee Berkeley Homeless Union. [Entered: 08/17/2026 12:41 PM]
|
|
Filing 12
CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 10, DE 11 by Appellants are filed. No paper copies are required. [Entered: 07/29/2026 11:49 AM]
|
|
Filing 11
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. [Entered: 07/27/2026 10:00 PM]
|
|
Filing 10
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.--[COURT UPDATE: Attached certificate of service] [Entered: 07/27/2026 09:39 PM] [Edited: 07/29/2026 11:48 AM]
|
|
Filing 9
ADDED Amicus Curiae - Pending Harrison Street Residents, with counsel Ilan Wurman. [Entered: 07/13/2026 11:26 AM]
|
|
Filing 8
AMICUS BRIEF and MOTION for leave to file amicus brief filed by Chaim LLC, Kathy Dennison, Far West Brewing LLC, KJD Investments, and Emily Winston. [Entered: 07/10/2026 04:25 PM]
|
|
Filing 7
MAIL RETURNED. DE 2 addressed to Appellee Frank Moore. Action taken: none (no forwarding address found). [Entered: 06/23/2026 01:32 PM]
|
|
Filing 6
MAIL RETURNED. DE 4 addressed to Appellee Frank Moore. Action taken: none (no forwarding address found). [Entered: 06/02/2026 06:15 PM]
|
|
Filing 5
RELEASED FROM MEDIATION. This case is released from the Mediation Program. [26-2755, 26-2820] [Entered: 05/29/2026 11:16 AM]
|
|
Filing 4
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 03:13 PM]
|
|
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: 05/14/2026 09:35 AM]
|
|
Filing 2
SCHEDULE NOTICE. Appeal Transcript Due (Appellant) 6/17/2026, Appeal Opening Brief Due (Appellant) 7/27/2026, Appeal Transcript Order Due (Appellant) 5/18/2026, Appeal Answering Brief Due (Appellee) 8/26/2026, Mediation Questionnaire due (Appellant) 5/11/2026. For appeal no. 26-2820, 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: 05/04/2026 04:51 PM]
|
|
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 26-2820 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: 05/04/2026 04:44 PM]
|
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
