Case: Kincaid v. City of Fresno

1:06-cv-01445 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 17, 2006

Closed Date: 2013

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Case Summary

Starting in 2005 and continuing for more than a year, the City of Fresno, CA had a policy of immediately seizing and destroying on the spot the personal possessions of homeless individuals during sweeps conducted by the City of Fresno Police Department and City of Fresno Sanitation Department. The City used large compactors to immediately crush the seized possessions. These sweeps were all conducted without warrants and were intended to remove homeless persons, their encampments, and their prop…

Several homeless individuals who had been affected by the policy filed a class-action lawsuit on behalf of themselves and others similarly situated against the City of Fresno, Caltrans, and related officials. The suit was filed in the United States District Court for the Eastern District of California on October 17, 2006. The plaintiffs were represented by attorneys from the ACLU of Northern California, the Lawyers' Committee for Civil Rights, and private counsel. The named plaintiffs had lost possessions to these sweeps, including items critical to their survival such as medication, tents, blankets, and personal documents and records, as well as other irreplaceable items such as photographs and in one instance the ashes of a deceased relative. The plaintiffs alleged that these sweeps, often conducted without any notice, were raids that had the purpose and effect of harassing and removing homeless individuals.

Plaintiffs argued that the sweeps constituted unlawful takings, in violation of the Fifth Amendment, and also violated the Fourth Amendment ban on unreasonable searches and seizures, and their Fourteenth Amendment due process and equal protection rights, 42 U.S.C § 1983, and California statutory and constitutional law. Plaintiffs sought temporary restraining orders and preliminary injunctions enjoining Fresno from conducting the sweeps, a permanent injunction preventing the practice, and a judgment declaring the sweeps and the destruction of the Plaintiffs' property unlawful. They also sought the return of whatever property had not been destroyed, damages of no less than $4000 per incident, punitive and exemplary damages, and attorneys' fees and costs.

The plaintiffs filed a motion for a temporary restraining order on the same day as their complaint. On October 25, the Court (Judge Oliver W. Wanger) granted a restraining order until hearing on the issue of a preliminary injunction could be held. He found that the City had violated the plaintiffs' Fourth, Fifth, and Fourteenth Amendment rights and the equivalent provisions of the Constitution of California. He held therefore that the Plaintiffs' case had a strong likelihood of winning on its merits. The Judge recognized that between 4,400 and 8,800 residents of Fresno, or one to two percent of the City's population, were homeless, and shelter was available for only about 1.4% percent of these individuals, and that despite the City's arguments to the contrary, the existence of shelters did not justify the confiscation of property belonging to homeless persons camping in public. Kincaid v. City of Fresno, 2006 WL 3542732 (W.D. Cal. 2007).

On December 8, 2006, the Court ordered a preliminary injunction, enjoining the City from conducting sweeps that would result in the seizure and destruction of private property without first giving constitutionally adequate written notice of the pending sweep, seizure, and destruction, and a meaningful opportunity for individuals to be heard and to retrieve property prior to its destruction. Kincaid v. City of Fresno, 244 F.R.D. 597 (W.D. Cal. 2007).

On January 12, 2007, the Director of Caltrans, named as a defendant in his official capacity, filed a motion for the claims against her to be dismissed for, among other things, lack of jurisdiction. The Court denied this on March 19, 2007. Kincaid v. City of Fresno, 2007 WL 833058 (W.D. Cal. 2007). This was followed by several months of discovery. On August 14, 2007, the Court certified the class. Kinkaid v. City of Fresno, 244 F.R.D. 597 (N.D. Cal. 2008).

On April 25, 2008, during oral argument Judge Oliver W. Wanger declared that the City's "practice of announce, strike, seize [and] destroy immediately is against the law."

On May 12, 2008 the court issued two opinions, one of which denied various motions for summary judgment filed by both parties on a number of issues, and granted summary judgment in favor of two of the individual defendants in regard to State law claims against them for money damages. The substantial claims of the case were not decided in this opinion. Kinkaid v. City of Fresno, 2008 WL 2038386 (N.D. Cal. 2008). The other May 12 opinion granted in part and denied in part another motion for summary judgment filed by the Plaintiffs against the City defendant, holding that the City of Fresno's raids were unlawful, that any seizure and immediate destruction of property proven at trial would be held to be a violation of the Fourth and Fourteenth Amendments, and that State law established a private right of action against the City with respect to the State law claims. Kinkaid v. City of Fresno, 2008 WL 2038390 (N.D. Cal. 2008).

On July 25, 2008, the Court approved a class-action settlement negotiated by the parties. According to the settlement, the City of Fresno would post written notice at least three days prior to any future sweeps that would involve the removal of personal property, and will store any items of apparent value for ninety days so that might be reclaimed. Caltrans also agreed to comply with the legal principles set forth in the court's preliminary injunction throughout the state.

The Settlement divided the the class members into five subgroups, based on the value of their seized property, whether they were victims of repeated unconstitutional sweeps, whether they were present when the sweeps occurred and actively prevented from reclaiming their property, whether they suffered severe emotional distress or hardship as a result of the sweeps, and other factors.

The City of Fresno agreed to pay $1,000,000 into a Housing Allowance Fund. This fund was established to assist the lawsuit's class members with expenses related to housing, such as security deposits, first and last months rent, or rent payments, or to aid in the purchase a vehicle or medical care. Only members of the third, fourth, and fifth sub-classes would receive assistance from this fund, in amounts of $1500, $3500, or $9000.

The City also agreed to set aside $400,000 in a separate Cash Fund to compensate individuals who suffered the unconstitutional seizure of property. The settlement established a system for filing claims, accounting for the number of times claimants were subjected to the illegal sweeps and their value of the seized property. The minimum and maximum values for claims was $500 and $5000, depending on which sub-class to which the claimant belonged. Claimants could make multiple claims. Caltrans agreed to pay $85,000 into this cash fund.

The City of Fresno agreed to pay $850,000 in legal and costs fees to Plaintiffs, and Caltrans agreed to pay $85,000 of the Plaintiffs fees and costs.

At the time of the most recent report from the Settlement Administrator, March 8, 2012, there was just over $80,000 remaining in the two funds. Administrative costs were keep very low during the life of the settlement, and the funds were effectively distributed to the claimants.

The Court retained jurisdiction over the case for five years in order to assure compliance with the terms of the settlement agreement. The settlement ended in 2013, and the case is now closed.


1:06-cv-01445	Docket Kincaid et al. v. City of Fresno et al.	Oct. 17, 2006	Oct. 17, 2006 Docket
	Re: Temporary Restraining Order No Court	Oct. 16, 2006	Oct. 16, 2006 Correspondence
	Re: Temporary Restraining Order No Court	Oct. 16, 2006	Oct. 16, 2006 Correspondence
1:06-cv-01445	Memorandum of Points and Authorities in Support of Motion for Temporary Restraining Order and for Order to Show Cause Re Issuance of a Preliminary Injunction	Oct. 17, 2006	Oct. 17, 2006 Pleading / Motion / Brief
1 1:06-cv-01445	Complaint for Declaratory and Injunctive Relief	Oct. 17, 2006	Oct. 17, 2006 Complaint
3 1:06-cv-01445	Combined Motion for Temporary Restraining Order and Preliminary Injunction	Oct. 17, 2006	Oct. 17, 2006 Pleading / Motion / Brief
34 1:06-cv-01445	Statement of Decision Re: Plaintiffs' Application for Temporary Restraining Order	Oct. 24, 2006	Oct. 24, 2006 Order/Opinion
36 1:06-cv-01445	Temporary Restraining Order and Order Re Preliminary Injunction Hearing	Oct. 25, 2006	Oct. 25, 2006 Order/Opinion
1:06-cv-01445	Plaintiff's Reply Brief in Support of Motion for Preliminary Injunction	Nov. 7, 2006	Nov. 7, 2006 Pleading / Motion / Brief
91 1:06-cv-01445	Statement of Decision and Findings Re: Plaintiffs' Application for a Preliminary Injunction	Dec. 8, 2006	Dec. 8, 2006 Order/Opinion 2006 WL 3542732

ECF Number	Date	Description	Link
1	Oct. 17, 2006	COMPLAINT for Declaratory and Injunctive Relief and for Damages against all defendants by Pamela Kincaid. Attorney Alexander, Paul added. (Attachments: # 1 Exhibit)(Alexander, Paul) (Entered: 10/17/2006) 1 Exhibit View on PACER	RECAP
2	Oct. 17, 2006	CIVIL COVER SHEET by Pamela Kincaid (Alexander, Paul) (Entered: 10/17/2006)	RECAP
3	Oct. 17, 2006	MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction by Pamela Kincaid. (Alexander, Paul) (Entered: 10/17/2006)	RECAP
4	Oct. 17, 2006	MEMORANDUM/RESPONSE in SUPPORT re 3 MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction. Memorandum of Points and Authorities in Support of Motion for Temporary Restraining Order and for Order to Show Cause re Issuance of a Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	RECAP
5	Oct. 17, 2006	DECLARATION of Charlene Clay in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	RECAP
6	Oct. 17, 2006	DECLARATION of Doug Deatherage in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	RECAP
7	Oct. 17, 2006	DECLARATION of Joanna Garcia in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	RECAP
8	Oct. 17, 2006	DECLARATION of Cynthia Greene in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	RECAP
9	Oct. 17, 2006	DECLARATION of Randy Johnson in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	RECAP
10	Oct. 17, 2006	DECLARATION of Pamela Kincaid in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	RECAP
11	Oct. 17, 2006	DECLARATION of Pamela Streeter in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	RECAP
12	Oct. 17, 2006	DECLARATION of Samuel Vizcarrondo in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	RECAP
13	Oct. 17, 2006	DECLARATION of Tracy Williams in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	RECAP
14	Oct. 17, 2006	DECLARATION of Michael Rhodes in Support of re 3 MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction. (Attachments: # 1 Appendix # 2 Appendix # 3 Appendix # 4 Appendix # 5 Appendix # 6 Appendix # 7 Appendix)(Alexander, Paul) (Entered: 10/17/2006) 1 Appendix View on PACER 2 Appendix View on PACER 3 Appendix View on PACER 4 Appendix View on PACER 5 Appendix View on PACER 6 Appendix View on PACER 7 Appendix View on PACER	RECAP
15	Oct. 17, 2006	DECLARATION of Liza Apper in Support of re 3 MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction. (Alexander, Paul) (Entered: 10/17/2006)	RECAP
16	Oct. 17, 2006	NOTICE by all plaintiffs re 3 MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction. Attorney Alexander, Paul added. Temporary Restraining Order Checklist (Alexander, Paul) (Entered: 10/17/2006)	RECAP
17	Oct. 17, 2006	NOTICE by all plaintiffs. Certificate of Counsel re Notice (Fed. R. Civ. 65(b)) (Alexander, Paul) (Entered: 10/17/2006)	RECAP
18	Oct. 17, 2006	PROPOSED ORDER Proposed Temporary Restraining Order and Order to Show Cause re Preliminary Injunction by Pamela Kincaid. (Alexander, Paul) (Entered: 10/17/2006)	RECAP
19	Oct. 17, 2006	CERTIFICATE of SERVICE by Pamela Kincaid. Proof of Service (Alexander, Paul) (Entered: 10/17/2006)	RECAP
21	Oct. 17, 2006	SUMMONS ISSUED as to Alan Autry, Jerry Dyer, Greg Garner, Reynaud Wallace, Will Kempton, City Of Fresno, California Department of Transportation/CALTRANS with answer to complaint due within 20 days. Attorney Paul Alexander Heller Ehrman LLP 275 Middlefield Road Menlo Park, CA 94025-3506. (Gil-Garcia, A) (Entered: 10/17/2006)	RECAP
22	Oct. 17, 2006	CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/22/2007 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Gil-Garcia, A) (Entered: 10/17/2006) 1 Consent Forms View on PACER 2 VDRP Forms View on PACER	RECAP
23	Oct. 18, 2006	MEMORANDUM/RESPONSE in OPPOSITION. Attorney Betts, James B. added. to Application for Temporary Restraining Order (Betts, James) (Entered: 10/18/2006)	RECAP
24	Oct. 18, 2006	MEMORANDUM/RESPONSE in OPPOSITION. to Application for Temporary Restraining Order (corrected) (Betts, James) (Entered: 10/18/2006)	RECAP
25	Oct. 18, 2006	DECLARATION of Rev. Larry J. Arce in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)	RECAP
26	Oct. 18, 2006	DECLARATION of James Connell in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)	RECAP
27	Oct. 18, 2006	DECLARATION of Kerry Trost in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)	RECAP
28	Oct. 18, 2006	DECLARATION of Capt. Greg Garner in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)	RECAP
29	Oct. 18, 2006	DECLARATION of Rebecca E. Klisch in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)	RECAP
30	Oct. 18, 2006	MEMORANDUM/RESPONSE in OPPOSITION. to Ex Parte Application (corrected POS) (Betts, James) (Entered: 10/18/2006)	RECAP
31	Oct. 19, 2006	MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : MOTION FOR TEMPORARY RESTRAINING ORDER HEARING held on 10/19/2006. Parties to submit form of order. Hearing on Preliminary Injunction to be set out in order. Plaintiffs Counsel M. Richer / W. Salstrom present. Defendants Counsel J. Betts / J. Sanchez present. Court Reporter/CD Number: P. Crawford. (Robles, S) (Entered: 10/19/2006)	RECAP
32	Oct. 23, 2006	TRANSCRIPT of Application for TRO held on 10/19/06 before Judge Oliver W. Wanger. Court Reporter: Peggy J. Crawford. (TEXT ONLY) (Lundstrom, T) (Entered: 10/23/2006)	RECAP
33	Oct. 23, 2006	SUMMONS ISSUED as to John Rogers, Phillip Weathers with answer to complaint due within 20 days. Attorney Paul Alexander Heller Ehrman LLP 275 Middlefield Road Menlo Park, CA 94025-3506. (Gil-Garcia, A) (Entered: 10/23/2006)	RECAP
34	Oct. 24, 2006	STATEMENT OF DECISION and findings re: plaintiffs application for temporary restraining order. Hearing on preliminary injunction set for 11/7/2006 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. signed by Judge Oliver W. Wanger on 10/23/2006. (Lucas, G) (Entered: 10/24/2006)	RECAP
36	Oct. 25, 2006	TEMPORARY RESTRAINING ORDER AND ORDER re Preliminary Injuction Hearing. Opposition by 11/1/06. Reply by 11/6/06 and hearing set for 11/7/06 at 9:00am before Judge Oliver W. Wanger; signed by Judge Oliver W. Wanger on 10/25/06. (Robles, S) (Entered: 10/25/2006)	RECAP
35	Oct. 25, 2006	PROPOSED ORDER Proposed Order by Pamela Kincaid. (Alexander, Paul) (Entered: 10/25/2006)	RECAP
37	Nov. 1, 2006	MEMORANDUM/RESPONSE in OPPOSITION. to Application for Preliminary Injunction (Betts, James) (Entered: 11/01/2006)	RECAP
38	Nov. 2, 2006	NOTICE by City Of Fresno. Notice of Intent to Introduce Witness Testimony at 11/7/06 Preliminary Injunction Hearing (Betts, James) (Entered: 11/02/2006)	RECAP
39	Nov. 6, 2006	DECLARATION of Rev. Larry J. Arce in In Opposition to Application for Preliminary Injunction. (Betts, James) (Entered: 11/06/2006)	RECAP
40	Nov. 6, 2006	MEMORANDUM/RESPONSE in SUPPORT. OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION (Alexander, Paul) (Entered: 11/06/2006)	RECAP
41	Nov. 6, 2006	DECLARATION of Liza Apper in SUPPORT OF re 40 Memorandum/Response in Support of Motion. OF PLAINTIFFS REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION (Attachments: # 1 Exhibit A# 2 Exhibit B)(Alexander, Paul) (Entered: 11/06/2006) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
42	Nov. 6, 2006	DECLARATION of Tulin Ozdeger in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Alexander, Paul) (Entered: 11/06/2006) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	RECAP
43	Nov. 6, 2006	DECLARATION of Reverend Floyd Harris in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
44	Nov. 6, 2006	DECLARATION of Rebecca Asami in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
45	Nov. 6, 2006	DECLARATION of John Brown, Jr. in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
46	Nov. 6, 2006	DECLARATION of Britney Fairburn in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
47	Nov. 6, 2006	DECLARATION of Edward Grider in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
48	Nov. 6, 2006	DECLARATION of Jeannine Nelson in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
49	Nov. 6, 2006	DECLARATION of Randy Johnson, Sr. in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Attachments: # 1 Appendix A)(Alexander, Paul) (Entered: 11/06/2006) 1 Appendix A View on PACER	RECAP
50	Nov. 6, 2006	DECLARATION of Louis Jimenez in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
51	Nov. 6, 2006	DECLARATION of Willie Mack in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
52	Nov. 6, 2006	DECLARATION of Keth O'Brien in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
53	Nov. 6, 2006	DECLARATION of Deanna Phillips in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
54	Nov. 6, 2006	DECLARATION of Emilio Rodriguez in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
55	Nov. 6, 2006	DECLARATION of David A. Snow in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Alexander, Paul) (Entered: 11/06/2006) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	RECAP
56	Nov. 6, 2006	DECLARATION of Logan Siler in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
57	Nov. 6, 2006	REQUEST for Judicial Notice of Documents Filed in U.S. District Court by Pamela Kincaid. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Alexander, Paul) (Entered: 11/06/2006) 1 Exhibit Exhibit A View on PACER 2 Exhibit Exhibit B View on PACER	RECAP
58	Nov. 6, 2006	DECLARATION of Michael Rhodes. (Supplemental) (Alexander, Paul) (Entered: 11/06/2006)	RECAP
59	Nov. 6, 2006	CERTIFICATE of SERVICE by Pamela Kincaid. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
60	Nov. 6, 2006	SUMMONS RETURNED EXECUTED by Pamela Kincaid. City Of Fresno served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
61	Nov. 6, 2006	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Alan Autry served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
62	Nov. 6, 2006	SUMMONS RETURNED EXECUTED by Pamela Kincaid. California Department of Transportation/CALTRANS served on 10/24/2006, answer due 11/13/2006. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
63	Nov. 6, 2006	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Jerry Dyer served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
64	Nov. 6, 2006	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Greg Garner served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
65	Nov. 6, 2006	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Will Kempton served on 10/24/2006, answer due 11/13/2006. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
66	Nov. 6, 2006	SUMMONS RETURNED EXECUTED by Pamela Kincaid. John Rogers served on 10/26/2006, answer due 11/15/2006. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
67	Nov. 6, 2006	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Reynaud Wallace served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
68	Nov. 6, 2006	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Phillip Weathers served on 10/26/2006, answer due 11/15/2006. (Alexander, Paul) (Entered: 11/06/2006)	RECAP
69	Nov. 7, 2006	MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : EVIDENTIARY HEARING held on 11/7/2006. Testimony received and exhibits admitted. Further Evidentiary Hearing set for 11/16/2006 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Witnesses: Liza Apper, James Connell, Floyd Harris, Jr.)Court Reporter/CD Number: K. Lopez. (Lucas, G) (Entered: 11/08/2006)	RECAP
70	Nov. 8, 2006	APPENDIX by Pamela Kincaid re 58 Declaration filed by Pamela Kincaid,. (Appendix A to Supplemental Declaration of Michael Rhodes) (Alexander, Paul) (Entered: 11/08/2006)	RECAP
71	Nov. 9, 2006	APPENDIX by Pamela Kincaid re 55 Declaration filed by Pamela Kincaid,. (Appendix A to DECLARATION of David A. Snow) (Alexander, Paul) (Entered: 11/09/2006)	RECAP
72	Nov. 13, 2006	STIPULATION FOR EXTENSION OF TIME BY AND BETWEEN PLAINTIFFS CALIFORNIA DEPT OF TRANSPORTAITON AND WILL KEMPTON IN HIS OFFICIAL CAPACITY by California Department of Transportation/CALTRANS. Attorney Bassi, Navtej Singh added. (Bassi, Navtej) (Entered: 11/13/2006)	RECAP
74	Nov. 13, 2006	TRANSCRIPT of Preliminary Injunction Hearing, Volume 1 held on 11/7/06 before Judge Oliver W. Wanger. Court Reporter: Karen Lopez. (TEXT ONLY) (Lundstrom, T) (Entered: 11/15/2006)	RECAP
73	Nov. 14, 2006	ANSWER to COMPLAINT with Jury Demand by John Rogers, Phillip Weathers, Alan Autry, Jerry Dyer, Greg Garner, Reynaud Wallace, City Of Fresno. Attorney Betts, James B. added.(Betts, James) (Entered: 11/14/2006)	RECAP
75	Nov. 16, 2006	MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : PREMLIMINARY INJUNCTION HEARING held on 11/16/2006. Testimony received. Exhibits admitted. Hearing continued to 11/17/2006 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel P. Alexander present. Defendants Counsel J. Betts present. Court Reporter/CD Number: K. Lopez. (Robles, S) (Entered: 11/17/2006)	RECAP
76	Nov. 17, 2006	MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : MOTION FOR PRELIMINARY INJUNCTION HEARING held on 11/17/2006. Testimony received. Exhibits admitted. Motion Hearing continued to 11/22/2006 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel P. Alexander present. Defendants Counsel J. Betts present. Court Reporter/CD Number: K. Lopez. (Robles, S) (Entered: 11/20/2006)	RECAP
77	Nov. 21, 2006	TRANSCRIPT of Hearing on Preliminary Injunction; Testimony of Andrew Souza held on 11/17/06 before Judge Oliver W. Wanger. Court Reporter: Karen Lopez. (TEXT ONLY) (Lundstrom, T) (Entered: 11/21/2006)	RECAP
78	Nov. 21, 2006	TRANSCRIPT of Hearing on Preliminary Injunction; Testimony of Thomas Deatherage, Nelson Williams and Kincaid held on 11/16/06 before Judge Oliver W. Wanger. Court Reporter: Karen Lopez. (TEXT ONLY) (Lundstrom, T) (Entered: 11/21/2006)	RECAP
80	Nov. 22, 2006	ORDER Case Management due by 11/29/2006 for plaintiffs to submit proposed findings of fact and conclusions of law relative to the issuance of a preliminary injunction, signed by Judge Oliver W. Wanger on 11/22/06. (Robles, S) (Entered: 11/22/2006)	RECAP
79	Nov. 22, 2006	MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : MOTION FOR PRELIMINARY INJUNCTION HEARING held on 11/22/2006. Testimony received. Exhibits admitted. Parties rest. Closing arguments. Court GRANTS preliminary injunction. Counsel to submit proposed order. Plaintiffs Counsel P. Alexander present. Defendants Counsel J. Betts present. Court Reporter/CD Number: K. Lopez. (Robles, S) (Entered: 11/22/2006)	RECAP
81	Nov. 28, 2006	TRANSCRIPT of Hearing on Preliminary Injunction Ruling held on 11/22/06 before Judge Wanger. Court Reporter: Karen Lopez. Tape Number: None. (TEXT ONLY ENTRY) (Hellings, J) (Entered: 11/28/2006)	RECAP
82	Nov. 28, 2006	PROPOSED ORDER Granting Preliminary Injunction. (Betts, James) (Entered: 11/28/2006)	RECAP
83	Nov. 29, 2006	BRIEF PLAINTIFFS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Pamela Kincaid. (Alexander, Paul) (Entered: 11/29/2006)	RECAP
84	Nov. 29, 2006	CERTIFICATE of SERVICE by Pamela Kincaid re 83 Brief. (Alexander, Paul) (Entered: 11/29/2006)	RECAP
85	Nov. 30, 2006	PROPOSED ORDER GRANTING PRELIMINARY INJUNCTION by Pamela Kincaid. (Alexander, Paul) (Entered: 11/30/2006)	RECAP
86	Nov. 30, 2006	AMENDED DOCUMENT by City Of Fresno.. Alternative Proposed Order (Betts, James) (Entered: 11/30/2006)	RECAP
87	Dec. 4, 2006	CERTIFICATE of SERVICE by Pamela Kincaid. (Alexander, Paul) (Entered: 12/04/2006)	RECAP
88	Dec. 4, 2006	STATEMENT of City of Fresno - Ltr to The Honorable Oliver Wanger by Defendant City Of Fresno. (Betts, James) (Entered: 12/04/2006)	RECAP
89	Dec. 4, 2006	OBJECTIONS to FINDINGS and RECOMMENDATIONS by Defendant City Of Fresno. (Betts, James) (Entered: 12/04/2006)	RECAP
90	Dec. 4, 2006	PROPOSED FINDINGS of FACT by City Of Fresno.(Betts, James) (Entered: 12/04/2006)	RECAP
91	Dec. 8, 2006	STATEMENT OF DECISION AND FINDINGS RE: PLAINTIFFS' APPLICATION FOR A PRELIMINARY INJUNCTION AND PRELIMINARY INJUNCTION; signed by Judge Oliver W. Wanger on 12/8/06. (Robles, S) (Entered: 12/08/2006)	RECAP
92	Dec. 11, 2006	PRELIMINARY INJUNCTION signed by Judge Oliver W. Wanger on 12/8/2006. (Lucas, G) (Entered: 12/11/2006)	RECAP
93	Dec. 13, 2006	STIPULATION RE FILING OF FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR DAMAGES by Pamela Kincaid. (Attachments: # 1 Exhibit A (FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR DAMAGES)# 2 Certificate Certificate of Service)(Alexander, Paul) (Entered: 12/13/2006) 1 Exhibit A (FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR View on PACER 2 Certificate Certificate of Service View on PACER	RECAP
94	Dec. 21, 2006	ERRATA to Statement of Decision and Findings re Plaintiffs' Application for a Preliminary Injunction 91 ; signed by Judge Oliver W. Wanger on 12/18/06. (Rooney, M) (Entered: 12/21/2006)	RECAP
95	Dec. 28, 2006	STIPULATION to Extend Time to File Response by California Department of Transportation/CALTRANS. (Bassi, Navtej) (Entered: 12/28/2006)	RECAP
96	Jan. 12, 2007	MOTION to DISMISS for LACK of JURISDICTION, etc. by California Department of Transportation/CALTRANS. Motion Hearing set for 3/12/2007 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Bassi, Navtej) (Entered: 01/12/2007)	RECAP
97	Jan. 12, 2007	DECLARATION of David P. Harris in SUPPORT OF re 96 MOTION to DISMISS for LACK of JURISDICTION, etc.. (Bassi, Navtej) (Entered: 01/12/2007)	RECAP
98	Jan. 12, 2007	PROPOSED ORDER [PROPOSED] ORDER re 96 MOTION to DISMISS for LACK of JURISDICTION, etc.. (Bassi, Navtej) (Entered: 01/12/2007)	RECAP
99	Feb. 7, 2007	First AMENDED COMPLAINT against all defendants by Pamela Kincaid.(Alexander, Paul) (Entered: 02/07/2007)	RECAP
100	Feb. 7, 2007	STIPULATION re 99 Amended Complaint by Pamela Kincaid. (Alexander, Paul) (Entered: 02/07/2007)	RECAP
101	Feb. 7, 2007	CERTIFICATE of SERVICE by Pamela Kincaid re 99 Amended Complaint, 100 Stipulation. (Alexander, Paul) (Entered: 02/07/2007)	RECAP

Case: Kincaid v. City of Fresno

1:06-cv-01445 | U.S. District Court for the Eastern District of California

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