Civil Rights Litigation Clearinghouse

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.

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Summary Authors

Alex Colbert-Taylor (7/1/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4158706/parties/kincaid-v-city-of-fresno/

Judge(s)

Oberto, Sheila K. (California)

O'Neill, Lawrence Joseph (California)

Snyder, Sandra M. (California)

Wanger, Oliver Winston (California)

Attorneys(s) for Plaintiff

Alexander, Paul (California)

Lloyd, Eric M (California)

Risher , Michael Temple (California)

Attorneys(s) for Defendant

Bassi, Navtej Singh (California)

Beals, Ronald (California)

Behrens, Bruce A. (California)

Judge(s)

Oberto, Sheila K. (California)

O'Neill, Lawrence Joseph (California)

Snyder, Sandra M. (California)

Wanger, Oliver Winston (California)

Attorneys(s) for Plaintiff

Alexander, Paul (California)

Lloyd, Eric M (California)

Risher , Michael Temple (California)

Attorneys(s) for Defendant

Bassi, Navtej Singh (California)

Beals, Ronald (California)

Behrens, Bruce A. (California)

Betts, James B (California)

Fellenz, Thomas C. (California)

Harris, David Paul (California)

Kanne, Francine (California)

McNulty, Cheryl D. (California)

Sanchez, James (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
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
3 1:06-cv-01445	Combined Motion for Temporary Restraining Order and 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
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
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 2006 WL 3542732	Dec. 8, 2006	Dec. 8, 2006 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Kincaid v. City of Fresno ACLU of Northern CA	This article gives a good overview of the case and the terms of the settlement.	May 21, 2009	May 21, 2009 https://www.aclunc.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4158706/kincaid-v-city-of-fresno/

Last updated Aug. 5, 2022, 3:03 a.m.

ECF Number	Description	Date	Link Date / Link
1	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	Oct. 17, 2006	Oct. 17, 2006 PACER
2	CIVIL COVER SHEET by Pamela Kincaid (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
3	MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction by Pamela Kincaid. (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
4	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)	Oct. 17, 2006	Oct. 17, 2006 PACER
5	DECLARATION of Charlene Clay in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
6	DECLARATION of Doug Deatherage in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
7	DECLARATION of Joanna Garcia in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
8	DECLARATION of Cynthia Greene in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
9	DECLARATION of Randy Johnson in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
10	DECLARATION of Pamela Kincaid in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
11	DECLARATION of Pamela Streeter in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
12	DECLARATION of Samuel Vizcarrondo in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
13	DECLARATION of Tracy Williams in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
14	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	Oct. 17, 2006	Oct. 17, 2006 PACER
15	DECLARATION of Liza Apper in Support of re 3 MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction. (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
16	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)	Oct. 17, 2006	Oct. 17, 2006 PACER
17	NOTICE by all plaintiffs. Certificate of Counsel re Notice (Fed. R. Civ. 65(b)) (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
18	PROPOSED ORDER Proposed Temporary Restraining Order and Order to Show Cause re Preliminary Injunction by Pamela Kincaid. (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
19	CERTIFICATE of SERVICE by Pamela Kincaid. Proof of Service (Alexander, Paul) (Entered: 10/17/2006)	Oct. 17, 2006	Oct. 17, 2006 PACER
21	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)	Oct. 17, 2006	Oct. 17, 2006 PACER
22	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	Oct. 17, 2006	Oct. 17, 2006 PACER
23	MEMORANDUM/RESPONSE in OPPOSITION. Attorney Betts, James B. added. to Application for Temporary Restraining Order (Betts, James) (Entered: 10/18/2006)	Oct. 18, 2006	Oct. 18, 2006 PACER
24	MEMORANDUM/RESPONSE in OPPOSITION. to Application for Temporary Restraining Order (corrected) (Betts, James) (Entered: 10/18/2006)	Oct. 18, 2006	Oct. 18, 2006 PACER
25	DECLARATION of Rev. Larry J. Arce in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)	Oct. 18, 2006	Oct. 18, 2006 PACER
26	DECLARATION of James Connell in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)	Oct. 18, 2006	Oct. 18, 2006 PACER
27	DECLARATION of Kerry Trost in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)	Oct. 18, 2006	Oct. 18, 2006 PACER
28	DECLARATION of Capt. Greg Garner in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)	Oct. 18, 2006	Oct. 18, 2006 PACER
29	DECLARATION of Rebecca E. Klisch in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)	Oct. 18, 2006	Oct. 18, 2006 PACER
30	MEMORANDUM/RESPONSE in OPPOSITION. to Ex Parte Application (corrected POS) (Betts, James) (Entered: 10/18/2006)	Oct. 18, 2006	Oct. 18, 2006 PACER
31	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)	Oct. 19, 2006	Oct. 19, 2006 PACER
32	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)	Oct. 23, 2006	Oct. 23, 2006 PACER
33	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)	Oct. 23, 2006	Oct. 23, 2006 PACER
34	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)	Oct. 24, 2006	Oct. 24, 2006 RECAP
35	PROPOSED ORDER Proposed Order by Pamela Kincaid. (Alexander, Paul) (Entered: 10/25/2006)	Oct. 25, 2006	Oct. 25, 2006 PACER
36	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)	Oct. 25, 2006	Oct. 25, 2006 RECAP
37	MEMORANDUM/RESPONSE in OPPOSITION. to Application for Preliminary Injunction (Betts, James) (Entered: 11/01/2006)	Nov. 1, 2006	Nov. 1, 2006 PACER
38	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)	Nov. 2, 2006	Nov. 2, 2006 PACER
39	DECLARATION of Rev. Larry J. Arce in In Opposition to Application for Preliminary Injunction. (Betts, James) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
40	MEMORANDUM/RESPONSE in SUPPORT. OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
41	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	Nov. 6, 2006	Nov. 6, 2006 PACER
42	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	Nov. 6, 2006	Nov. 6, 2006 PACER
43	DECLARATION of Reverend Floyd Harris in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
44	DECLARATION of Rebecca Asami in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
45	DECLARATION of John Brown, Jr. in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
46	DECLARATION of Britney Fairburn in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
47	DECLARATION of Edward Grider in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
48	DECLARATION of Jeannine Nelson in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
49	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	Nov. 6, 2006	Nov. 6, 2006 PACER
50	DECLARATION of Louis Jimenez in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
51	DECLARATION of Willie Mack in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
52	DECLARATION of Keth O'Brien in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
53	DECLARATION of Deanna Phillips in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
54	DECLARATION of Emilio Rodriguez in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
55	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	Nov. 6, 2006	Nov. 6, 2006 PACER
56	DECLARATION of Logan Siler in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
57	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	Nov. 6, 2006	Nov. 6, 2006 PACER
58	DECLARATION of Michael Rhodes. (Supplemental) (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
59	CERTIFICATE of SERVICE by Pamela Kincaid. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
60	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)	Nov. 6, 2006	Nov. 6, 2006 PACER
61	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Alan Autry served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
62	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)	Nov. 6, 2006	Nov. 6, 2006 PACER
63	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Jerry Dyer served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
64	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Greg Garner served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
65	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Will Kempton served on 10/24/2006, answer due 11/13/2006. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
66	SUMMONS RETURNED EXECUTED by Pamela Kincaid. John Rogers served on 10/26/2006, answer due 11/15/2006. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
67	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Reynaud Wallace served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
68	SUMMONS RETURNED EXECUTED by Pamela Kincaid. Phillip Weathers served on 10/26/2006, answer due 11/15/2006. (Alexander, Paul) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
69	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)	Nov. 7, 2006	Nov. 7, 2006 PACER
70	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)	Nov. 8, 2006	Nov. 8, 2006 PACER
71	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)	Nov. 9, 2006	Nov. 9, 2006 PACER
72	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)	Nov. 13, 2006	Nov. 13, 2006 PACER
74	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)	Nov. 13, 2006	Nov. 13, 2006 PACER
73	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)	Nov. 14, 2006	Nov. 14, 2006 PACER
75	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)	Nov. 16, 2006	Nov. 16, 2006 PACER
76	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)	Nov. 17, 2006	Nov. 17, 2006 PACER
77	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)	Nov. 21, 2006	Nov. 21, 2006 PACER
78	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)	Nov. 21, 2006	Nov. 21, 2006 PACER
79	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)	Nov. 22, 2006	Nov. 22, 2006 PACER
80	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)	Nov. 22, 2006	Nov. 22, 2006 RECAP
81	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)	Nov. 28, 2006	Nov. 28, 2006 PACER
82	PROPOSED ORDER Granting Preliminary Injunction. (Betts, James) (Entered: 11/28/2006)	Nov. 28, 2006	Nov. 28, 2006 PACER
83	BRIEF PLAINTIFFS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Pamela Kincaid. (Alexander, Paul) (Entered: 11/29/2006)	Nov. 29, 2006	Nov. 29, 2006 PACER
84	CERTIFICATE of SERVICE by Pamela Kincaid re 83 Brief. (Alexander, Paul) (Entered: 11/29/2006)	Nov. 29, 2006	Nov. 29, 2006 PACER
85	PROPOSED ORDER GRANTING PRELIMINARY INJUNCTION by Pamela Kincaid. (Alexander, Paul) (Entered: 11/30/2006)	Nov. 30, 2006	Nov. 30, 2006 PACER
86	AMENDED DOCUMENT by City Of Fresno.. Alternative Proposed Order (Betts, James) (Entered: 11/30/2006)	Nov. 30, 2006	Nov. 30, 2006 RECAP
87	CERTIFICATE of SERVICE by Pamela Kincaid. (Alexander, Paul) (Entered: 12/04/2006)	Dec. 4, 2006	Dec. 4, 2006 PACER
88	STATEMENT of City of Fresno - Ltr to The Honorable Oliver Wanger by Defendant City Of Fresno. (Betts, James) (Entered: 12/04/2006)	Dec. 4, 2006	Dec. 4, 2006 PACER
89	OBJECTIONS to FINDINGS and RECOMMENDATIONS by Defendant City Of Fresno. (Betts, James) (Entered: 12/04/2006)	Dec. 4, 2006	Dec. 4, 2006 PACER
90	PROPOSED FINDINGS of FACT by City Of Fresno.(Betts, James) (Entered: 12/04/2006)	Dec. 4, 2006	Dec. 4, 2006 PACER
91	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)	Dec. 8, 2006	Dec. 8, 2006 RECAP
92	PRELIMINARY INJUNCTION signed by Judge Oliver W. Wanger on 12/8/2006. (Lucas, G) (Entered: 12/11/2006)	Dec. 11, 2006	Dec. 11, 2006 PACER
93	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	Dec. 13, 2006	Dec. 13, 2006 PACER
94	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)	Dec. 21, 2006	Dec. 21, 2006 RECAP
95	STIPULATION to Extend Time to File Response by California Department of Transportation/CALTRANS. (Bassi, Navtej) (Entered: 12/28/2006)	Dec. 28, 2006	Dec. 28, 2006 PACER
96	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)	Jan. 12, 2007	Jan. 12, 2007 PACER
97	DECLARATION of David P. Harris in SUPPORT OF re 96 MOTION to DISMISS for LACK of JURISDICTION, etc.. (Bassi, Navtej) (Entered: 01/12/2007)	Jan. 12, 2007	Jan. 12, 2007 PACER
98	PROPOSED ORDER [PROPOSED] ORDER re 96 MOTION to DISMISS for LACK of JURISDICTION, etc.. (Bassi, Navtej) (Entered: 01/12/2007)	Jan. 12, 2007	Jan. 12, 2007 PACER
99	First AMENDED COMPLAINT against all defendants by Pamela Kincaid.(Alexander, Paul) (Entered: 02/07/2007)	Feb. 7, 2007	Feb. 7, 2007 PACER
100	STIPULATION re 99 Amended Complaint by Pamela Kincaid. (Alexander, Paul) (Entered: 02/07/2007)	Feb. 7, 2007	Feb. 7, 2007 PACER
101	CERTIFICATE of SERVICE by Pamela Kincaid re 99 Amended Complaint, 100 Stipulation. (Alexander, Paul) (Entered: 02/07/2007)	Feb. 7, 2007	Feb. 7, 2007 PACER