Case: Fitzgerald v. City of Los Angeles

2:03-cv-01876 | U.S. District Court for the Central District of California

Filed Date: March 18, 2003

Closed Date: Feb. 17, 2009

Clearinghouse coding complete

Case Summary

On March 18, 2003, attorneys from the ACLU filed a class action lawsuit under 42 U.S.C. Section 1983 in the U.S. District Court for the Central District of California against the City of Los Angeles. The plaintiffs challenged unlawful parole sweeps and parole searches in the Skid Row section of the city. In a study, the ACLU found that seventy percent of the people picked up either had no violations or had never been on parole or probation. In December 2003 the City agreed to entry of a a thr…

On March 18, 2003, attorneys from the ACLU filed a class action lawsuit under 42 U.S.C. Section 1983 in the U.S. District Court for the Central District of California against the City of Los Angeles. The plaintiffs challenged unlawful parole sweeps and parole searches in the Skid Row section of the city. In a study, the ACLU found that seventy percent of the people picked up either had no violations or had never been on parole or probation.

In December 2003 the City agreed to entry of a a three year

injunction prohibiting the LAPD from searching Skid Row residents without reasonable suspicion that they have committed a crime or violated probation or parole. At the end of that three-year period, the plaintiff class petitioned the U.S. District Court to extend the 2003 injunction for an additional 3 years,

based on evidence that LAPD was again unlawfully searching and detaining residents without reason to believe they had committed a crime or violated probation or parole. On April 24, 2007, the Court found that the LAPD continued to engage in unconstitutional searches and maintain unconstitutional search policies, and extend the injunction for four months to allow the City to bring their policies and practices into compliance with the Constitution.

In August 2007, the plaintiffs again moved for extension of the

injunction, based on the lack of any change in LAPD search policies and continuing unconstitutional searches and detentions by LAPD officers in Skid Row. The court extended the injunction while the parties entered settlement discussions around LAPD's search and detention policies on Skid Row.

On February 17, 2009, the parties entered into another settlement agreement, which lifted the present injunction and dismissed the case. Under this agreement, searches incident to arrest would not be permitted when the person is merely cited and released in the field for an infraction or misdemeanor. Suspicionless searches of parolees would be permitted as long as the officers have prior knowledge of the search subject's parole status, and the search is not arbitrary or harassing. In order to frisk persons for weapons, the officers must have a reasonable suspicion that the search subject is armed or dangerous. Warrant checks were to be permitted on all detainees, within a reasonable time frame. Officers were to be trained in the proper way to carry out these provisions.

Summary Authors

Kristen Sagar (6/20/2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5751700/parties/donald-fitzgerald-v-los-angeles-city/


Judge(s)

Pregerson, Dean D. (California)

Zarefsky, Ralph (California)

Attorneys(s) for Plaintiff

Bibring, Peter (California)

Eliasberg, Peter J. (California)

Mirmirani, Negin (California)

Paul, Sanjukta (California)

Richardson, Anne (California)

Rosenbaum, Mark Dale (California)

Simon, Yvonne Tania (California)

Sobel, Carol A. (California)

Judge(s)

Pregerson, Dean D. (California)

Zarefsky, Ralph (California)

Attorneys(s) for Plaintiff

Bibring, Peter (California)

Eliasberg, Peter J. (California)

Mirmirani, Negin (California)

Paul, Sanjukta (California)

Richardson, Anne (California)

Rosenbaum, Mark Dale (California)

Simon, Yvonne Tania (California)

Sobel, Carol A. (California)

Stormer, Dan Lewis (California)

Attorneys(s) for Defendant

Brente, Cory M. (California)

Kades, Kelly N. (California)

Monroe, Bruce (California)

Paquette, Paul N. (California)

Shapero, Wendy C. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

April 7, 2009 Docket
117

Settlement and Order

Feb. 17, 2009 Settlement Agreement
129

Order Granting Motion for Attorney's Fees

2009 WL 960825

April 7, 2009 Order/Opinion

Resources

Title Description External URL

“We Ain’t Scared of No Mayor”: LA’s Skid Row Residents Fight for Their Right to the City

Christine Elizabeth Petit

This dissertation looks the rise and globalization of order-maintenance approaches to policing within the context of broader urban growth trends though a case study of one community organization whic… Jan. 1, 2010

Power, Poverty & Policy: Evaluating Anti-Violence Strategies in the Context of Los Angeles' Skid Row

Kelsey Longmuir

Through interviews, participant observations, and archival research (government documents, congressional reports, and studies; presidential addresses; media sources and journalist accounts; and non-g… Jan. 1, 2011

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5751700/donald-fitzgerald-v-los-angeles-city/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed Summons(es) 20 days issued referred to Discovery Ralph Zarefsky (rrey) (Entered: 03/20/2003)

March 18, 2003 PACER
2

CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood (rrey) (Entered: 03/20/2003)

March 18, 2003 PACER
3

NOTICE TO PARTIES OF ADR PILOT PROGRAM (rrey) (Entered: 03/20/2003)

March 18, 2003 PACER
4

MINUTES: IN CHAMBERS Counsel are notified that this action has been recently assigned to this Court. The correct number for this case is nwo: CV03-1876 NM(RZx) (see doc for specifics) A Copy of this Court's Standing Order is enclosed by Judge Nora M. Manella CR: N/A (el) (Entered: 03/20/2003)

March 18, 2003 PACER
5

STANDING ORDER by Judge Nora M. Manella (el) (Entered: 03/20/2003)

March 18, 2003 PACER
6

EX PARTE APPLICATION filed by plaintiff for temporary restraining order ; Declaration of Counsel re Notice; Lodged proposed order (el) (Entered: 03/21/2003)

March 20, 2003 PACER
7

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiff of ex parte application for temporary restraining order [6-1], and/or OSC on a preliminary injundction; Declarations; Exhibits (el) (Entered: 03/21/2003)

March 20, 2003 PACER
8

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV 00-12352 LGB (AJWx)] Transfer of case declined for the reasons set forth on order by Judge Lourdes G. Baird (cc: all counsel) (rn) (Entered: 03/25/2003)

March 25, 2003 PACER
9

PRELIMINARY OPPOSITION by defendant Los Angeles City to ex parte application for temporary restraining order [6-1] (el) (Entered: 03/25/2003)

March 25, 2003 PACER
10

ORDER by Judge Nora M. Manella granting extensionof time to oppose plaintiffs' application for TRO. The defendants shall serve their Further Opposition upon plaintiffs by facsimile (el) (Entered: 03/27/2003)

March 26, 2003 PACER
11

FURTHER OPPOSITION by defendant Los Angeles City to Plaintiff's ex parte application for temporary restraining order [6-1] (pj) (Entered: 03/31/2003)

March 28, 2003 PACER
12

TEMPORARY RESTRAINING ORDER AND OR ORDER TO SHOW CAUSE: by Judge Nora M. Manella The named defendants and their agents etc are hereby restrained and enjoined from (see doc for further details) [6-1], [5-1] Order to show cause, ; Named defendants appear for order to show cause hearing set for 10:00 4/14/03 (pj) (Entered: 04/02/2003)

March 31, 2003 PACER
13

NOTICE OF LODGING OF SUPPLEMENTAL DECL IN SUPPORT OPP TO PLFS APPL FOR TRO by defendant Los Angeles City (pj) (Entered: 04/03/2003)

April 2, 2003 PACER
14

REQUEST filed by defendant Los Angeles City to present oral testimony (pj) (Entered: 04/07/2003)

April 4, 2003 PACER
15

NOTICE TO CROSS EXAMINE THE DECLARANTS by defendant Los Angeles City (pj) (Entered: 04/07/2003)

April 4, 2003 PACER
16

MINUTES: IN CHAMBERS that defendants' request to present oral testimony [14-1] is DENIED (see document for details), On 4/4/03 defendant also filed notice of its intent to cross-examine each of the declarants in support of plaintiffs' application for a TRO. No later than 4/9/03, plaintiffs shall file objections if any to defendant's request. A courtesy copy shall be delivered to the courtesy copy box outside Judge Manella's chambers on the Spring Street level of the US Courthouse by Judge Nora M. Manella CR: N/A (el) Modified on 04/11/2003 (Entered: 04/08/2003)

April 7, 2003 PACER
17

OPPOSITION filed by plaintiffs to defendants' REQUEST to cross examine the declarants re minutes [16-1] (el) (Entered: 04/09/2003)

April 9, 2003 PACER
18

OFFER OF PROOF RE REQUEST filed by defendant Los Angeles City for reconsider its Order dated 4/7/03 (el) (Entered: 04/10/2003)

April 9, 2003 PACER
19

MINUTES: IN CHAMBERS - the Court DENIES defendant's request for reconsider its Order dated 4/7/03 [18-1], accordingly, defendant's request to cross-examine the declarants at the 4/14/03 hearing is DENIED (see document for details) by Judge Nora M. Manella CR: N/A (el) (Entered: 04/11/2003)

April 10, 2003 PACER
22

NOTICE of lodging supplemental declarations in support of opposition to the Preliminary Restraining Order by defendants (el) (Entered: 04/15/2003)

April 10, 2003 PACER
20

PRELIMINARY INJUNCTION ORDER by Judge Nora M. Manella that pending a final proceeding on the merits, whether by trial or by summary motion, the defendants and their agents, servants, enployees and successors are restrained and enjoined from: (a) Detaining persons in the Central City East Area of Los Angeles (see doc for area defination); (b) Searching the persons and/or possessions of those individuals stopped on the public streets, et, without reasonable suspicion to believe that such individuals are on probation or parole; and (c) Searching the residences of persons living the Central City East are of Los Angeles, without warrant and without reasonable suspicion ti believe that they have violated the terms and conditions of their pareole or probation. Plaintiffs are exempted from the requirements to post a bond (see doc for further details) (el) (Entered: 04/15/2003)

April 14, 2003 PACER

PLACED IN FILE - NOT USED Proposed Preliminary Injunction Order (el)

April 14, 2003 PACER
21

NOTICE OF DISCREPANCY AND ORDER by Judge Nora M. Manella ordering Defendants' Notice of Lodging supplemental decls in support of opposistion to Preliminary Restraining Order submitted received on 4/11/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (el) (Entered: 04/15/2003)

April 14, 2003 PACER
23

MINUTES: The Case was called and appearances were made. The Court gave its tentative ruling and heard oral argument. The Court grants Preliminary Injunction, no bond is to be posted. See separately filed order by Judge Nora M. Manella CR: Sharon Seffens (el) (Entered: 04/16/2003)

April 14, 2003 PACER
24

CERTIFICATION OF INTERESTED PARTIES filed by defendant Los Angeles City (el) (Entered: 04/22/2003)

April 21, 2003 PACER
25

ANSWER filed by defendant Los Angeles City to complaint [1-1]; jury demand (el) (Entered: 04/22/2003)

April 21, 2003 PACER
26

NOTICE OF PRELIMINARY INJUNCTION APPEAL by defendant City of Los Angeles to 9th C/A from Dist. Court Order dated 4/14/03 and entered 4/15/03 [20-1] (cc: Christine Whitaker; Carol A. Sobel; Peter J. Eliasberg; Negin Mirmirani) Fee: Paid. (pjap) (Entered: 05/14/2003)

May 14, 2003 PACER
27

TRANSCRIPT DESIGNATION and ordering form for dates: 4/14/03 CR: Sharon Seffens (pjap) (Entered: 05/14/2003)

May 14, 2003 PACER

REMARK Received - CAD (Civil Appeals Docketing Statement, FWD to 9th CCA) (pjap)

May 14, 2003 PACER
28

Order from USCA: This appeal filed 5/14/03, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. If they have not alrady done so, within 7 calendar days of the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court which will be included in the record on appeal. The briefing schedule is set as follows: the opening brief is due not later than 6/11/03; answering brief due 7/9/03 or 28 days after service of opening brief, whichever is earlier; and the optional reply brief is due within 14 days of service of the answering brief. If appellant fails to file timely the opening brief, this appeal will be dismissed automatically by the Clerk for failure to prosecute. This appeal and any motions pending when briefing is completed shall be referred to the next available motions panel for disposition. 03-55802 (dlu) (Entered: 05/23/2003)

May 20, 2003 PACER
29

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [26-1] 03-55802. (cbr) (Entered: 05/27/2003)

May 27, 2003 PACER
30

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 4/14/03 (Re: [26-1]) CR: Sharon A. Seffens. (ghap) (Entered: 06/19/2003)

June 18, 2003 PACER

TRANSCRIPT filed for proceedings held on 4/14/03. (ghap)

June 18, 2003 PACER
31

Order from USCA: The appeal filed 5/14/03, is a preliminary injunction appeal. The appellant's unopposed motion to extend the time to file appellant's opening brief is granted. Appellant's opening brief is due 7/10/03. The answering brief due 8/7/03 or 28 days after service of the opening brief, whichever is earlier. The optional reply brief is due within 14 days of service of the answering brief. If appellant fails to file the opening brief when due, this appeal may be dismissed automatically by the Clerk for failure to prosecute. This appeal and any motions pending when briefing is completed shall be referred to the next available motions panel for disposition. 03-55802 (dlu) (Entered: 06/27/2003)

June 19, 2003 PACER
32

CERTIFICATE of Record Transmitted to USCA 03-55802 (cc: all parties) (dlu) (Entered: 07/17/2003)

July 17, 2003 PACER

Lodged certified copy of 9thCCA Order, Appeal is dismissed. (cbr)

Sept. 11, 2003 PACER
33

CERTIFIED COPY of Appellate Court Order: dismissing the appeal 03-55802 [26-1] (pj) (Entered: 09/17/2003)

Sept. 16, 2003 PACER
34

MANDATE from Circuit Court of Appeals dismissing appeal is hereby filed and spread upon the minutes of this US District Court 03-55802 (pj) (Entered: 09/17/2003)

Sept. 16, 2003 PACER
35

MINUTES: It is ordered that counsel show cause in writing not later than 9/23/03 why this action should not be dismissed for lack of prosecution. The Court will consider: Proof of service of summons and complaint on all defendants. Defendants answer, or plaintiff's request for entry of default. As to defendants William Bratton and Charlie Beck only by Judge Nora M. Manella CR: None Present (pj) (Entered: 09/17/2003)

Sept. 16, 2003 PACER
36

RESPONSE by plaintiff Donald Fitzgerald, plaintiff Delbert Eugene Hudson, plaintiff Dilworth Menefee, plaintiff Mario Youngblood re Scheduling order It is ordered that counsel show cause [35-1], re Scheduling order in writing not later than 9/23/03 [35-2] (shb) (Entered: 09/25/2003)

Sept. 24, 2003 PACER
37

EX PARTE APPLICATION TO FILE RESPONSE TO OSC and STIPULATED REQUEST TO CERTIFY A CLASS ONE DAY LATE; Declaration of counsel and ORDER by Judge Nora M. Manella that the Ex Parte Application is hereby GRANTED (el) (Entered: 10/09/2003)

Oct. 8, 2003 PACER
38

REQUEST TO DISMISS INJUNCTIVE RELIEF CLASS REPRESENTATIVES and WAIVE NOTIVE TO THE INJUNCTIVE RELIEF CLASS and ORDER by Judge Nora M. Manella that the Court enters this Order, dismissing the remaining plaintiffs as class representatives, and that the requirement of notice of the settlement to the punitive members of the injunctive class is hereby waived. (el) (Entered: 10/09/2003)

Oct. 8, 2003 PACER
39

STIPULATION filed to certify a damages class, and to set a fairness hearing on the proposed settlement of the action ; proposed class notice re settlement (el) (Entered: 10/09/2003)

Oct. 8, 2003 PACER
40

ORDER by Judge Nora M. Manella that the Court finds that certification of the proposed damages Settlement Class is proper per stipulation to certify a damages class [39-1], accordingly, the Court certifies the following class for settlement purposes (see document for details) and the stipulation to set a fairness hearing on the proposed settlement of the action [39-2], is granted. The Court sets an IN COURT HEARING RE: final approval of Settlement set on 10:00 12/8/03 ; objections by class members who do not timely move to exclude themselves from the class to the proposed class settlement should be considered if filed in writing with the Clerk of the Court on or before 11/17/03i (see document for further details); by 10/20/03, Class counsel shall mail in the name of the clerk by first class mail, postage perpaid, to all class members who can be identified through reasonable efforts, a notice in substantially the same form as Exhibit D; prior to the hearing date, Class counsel will file wih the clerk an affidavit identifying the persons to whom notice has been mailed and who have not timely requested exclusion. (el) (Entered: 10/10/2003)

Oct. 8, 2003 PACER
41

REPORT OF CLASS SETTLEMENT AND list of Class Members filed by plaintiff Donald Fitzgerald, plaintiff Delbert Eugene Hudson, plaintiff Dilworth Menefee, plaintiff Mario Youngblood (yl) (Entered: 12/03/2003)

Dec. 1, 2003 PACER
42

ORDER by Judge Nora M. Manella GRANTING Plaintiffs' counsel's application for $93,091 in attorneys' fees and $1,258.19 for costs, for a total of $94,393.10. The Court also authorizes incentive awards of $3,500 each to Donald Fitzgerald and Gregory Brown. (el) (Entered: 12/09/2003)

Dec. 8, 2003 PACER
43

MINUTES: Fairness hearing re settlement held, no additional claims or objections have been received. Court finds the settlement is fair and reasonable. Settlement will be approved. There will be a separate order issued for the request for attorney's fees. terminating case (MD JS-6) by Judge Nora M. Manella CR: N/A (el) (Entered: 12/09/2003)

Dec. 8, 2003 PACER
45

NOTICE of Association of Counsel associating attorneys Anne K Richardson, Dan Stormer on behalf of Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. Filed by Plaintiffs. (mg, ) (Entered: 12/12/2006)

Dec. 8, 2006 PACER
46

PROOF OF SERVICE filed by Plaintiffs re Notice of Association of Counsel 45, Notice of motion and motion to extend the injunction; served on 12/8/06. (mg, ) (Entered: 12/12/2006)

Dec. 8, 2006 PACER
44

NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously asssigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge Dean D. Pregerson for all further proceedings. Case number will now read CV 03-1876 DDP (RZx). (rn, ) (Entered: 12/11/2006)

Dec. 11, 2006 PACER
47

NOTICE OF MOTION AND MOTION to extend the injunction; Memorandum of points and authorities and Declarations and Exhibits in support thereof; filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. Motion set for hearing on 1/8/2007 at 10:00 AM before Judge Dean D. Pregerson. (mg, ) (Entered: 12/14/2006)

Dec. 13, 2006 PACER
48

MINUTES (IN CHAMBERS ORDER) held before Judge Dean D. Pregerson: Counsel are notified that on the Courts own motion, the Plaintiffs MOTION to extend the injunction 47 is hereby continued from 1/8/07 to 1/29/2007 at 10:00 AM before Judge Dean D. Pregerson. This case is Ordered re-opened. Court Reporter: None Present.(Case reopened. MD JS-5.) (mg, ) (Entered: 12/14/2006)

Dec. 14, 2006 PACER
50

MEMORANDUM OF POINTS AND AUTHORITIES and Evidentiary Objections in Opposition to Plaintiffs MOTION to extend injunction 47 filed by Defendant City of Los Angeles. (mg, ) (Entered: 01/22/2007)

Jan. 12, 2007 PACER
51

REQUEST FOR JUDICIAL NOTICE; Memorandum of points and authorities; Declaration of Wendy Shapero; Exhibti; filed by Defendant City of Los Angeles. Request set for hearing on 1/29/2007 at 10:00 AM before Judge Dean D. Pregerson. (mg, ) (Entered: 01/22/2007)

Jan. 12, 2007 PACER
52

DECLARATIONS AND EXHIBITS in Opposition to Plaintiffs MOTION to extend injunction 47 filed by Defendant City of Los Angeles. (mg, ) (Entered: 01/22/2007)

Jan. 12, 2007 PACER
49

MINUTES (IN CHAMBERS ORDER) held before Judge Dean D. Pregerson: Counsel are notified that on the Courts own motion, the Plaintiffs MOTION to extend the injunction 47 is hereby continued to 2/12/2007 at 10:00 AM before Judge Dean D. Pregerson.Court Reporter: None Present. (mg, ) (Entered: 01/22/2007)

Jan. 22, 2007 PACER
56

NOTICE OF ERRATA in Plaintiffs MOTION to extend the injunction 47 ; Corrected memorandum of points and authorities filed concurrently herewith; filed by Plaintiffs (mg, ) (Entered: 02/02/2007)

Jan. 26, 2007 PACER
53

NOTICE OF INTRA-OFFICE Substitution of Attorney filed by Defendant City of Los Angeles. Assistant City Attorney Cory M Brente is substituted as lead attorney. (mg, ) (Entered: 01/31/2007)

Jan. 30, 2007 PACER
54

STIPULATION AND ORDER by Judge Dean D. Pregerson that Plaintiffs Corrected Memorandum of Points and Authorities in Support of their Motion to extend the injunction 47 replace the earlier-filed Memorandum for all purposes relating to plaintiffs Motion, including hearing on the Motion.(mg, ) (Entered: 01/31/2007)

Jan. 30, 2007 PACER
55

CORRECTED MEMORANDUM OF POINTS AND AUTHORITIES in Support of previously filed MOTION to extend the injunction 47 filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (mg, ) (Entered: 01/31/2007)

Jan. 30, 2007 PACER
57

REPLY in support of MOTION to extend the injunction 47 ; Memorandum of points and authorities; filed by Plaintiffs (mg, ) (Entered: 02/08/2007)

Feb. 5, 2007 PACER
58

DECLARATIONS AND EXHIBITS IN SUPPORT OF MOTION to extend the injunction 47 filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (mg, ) (Entered: 02/08/2007)

Feb. 5, 2007 PACER
61

OBJECTIONS to Defendants Evidence and Responses to Defendants Objections filed by Plaintiffs (mg, ) (Entered: 02/16/2007)

Feb. 5, 2007 PACER
59

MINUTES (IN CHAMBERS ORDER) held before Judge Dean D. Pregerson: Counsel are notified that on the Courts own motion, Plaintiffs MOTION to extend the injunction 47 is hereby continued from 2/12/07 to 2/23/2007 at 03:00 PM before Judge Dean D. Pregerson.Court Reporter: None Present. (mg, ) (Entered: 02/08/2007)

Feb. 8, 2007 PACER
60

OBJECTIONS to Plaintiffs Declarations and Exhibits in Support of Reply to Opposition to MOTION to extend the injunction 47 filed by Defendants City of Los Angeles. (mg, ) (Entered: 02/13/2007)

Feb. 8, 2007 PACER
62

MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: Proceedings: Plaintiffs MOTION to extend the injunction 47 . Court hears oral argument and takes the matter under submssion. The injunction is extended until further notice. Court Reporter: Bridget Montero. (mg, ) (Entered: 02/26/2007)

Feb. 23, 2007 PACER
63

TRANSCRIPT filed for proceedings held on 2/23/07. Court Reporter: Bridget R. Montero. (lom) (Entered: 03/29/2007)

March 27, 2007 PACER
64

ORDER by Judge Dean D. Pregerson GRANTING MOTION to extend injunction 47 (rrey, ) (Entered: 04/23/2007)

April 20, 2007 PACER
65

EX PARTE APPLICATION for Leave to motion for attorneys feesf one date short of rule 7-3 requirement or extend time to file plaintifs rule 54 motion for fees and costs filed by plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. Lodged order. (lc, ) Modified on 5/11/2007 (lc, ). (Entered: 05/11/2007)

May 7, 2007 PACER
67

OPPOSITION to EX PARTE APPLICATION for Leave to file motion for attorneys fees one date short of rule 7-3 requirement or extend time to file plaintiffs' rule 54 moiton for fees and costs 65 filed by defendant City of Los Angeles. Memorandum of Points and Authorities; Declaration of Cory M Brente; Exhibits (ad, ) (Entered: 05/23/2007)

May 8, 2007 PACER
68

REPLY MEMORANDUM of Points and Authorities in Support of EX PARTE APPLICATION for Leave to motion for attorneys fees one date short of rule 7-3 requirement or extend time to file laitifs rule 54 moiton for fees and costs 65 filed by plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (ad, ) (Entered: 05/23/2007)

May 9, 2007 PACER
66

ORDER denying as moot EX PARTE APPLICATION for Leave to motion for attorneys feesf one date short of rule 7-3 requirement or extend time to file plaintiffs rule 54 motion for fees and costs by Judge Dean D. Pregerson 65 (lc, ) (Entered: 05/11/2007)

May 10, 2007 PACER
69

NOTICE OF MOTION AND MOTION to Vacate Injunction 64 ; Declarations of Michael O'Donnell, Kristine Kenney, Julie Raffish, Terrance Burns, and Bruce Monroe filed by defendant City of Los Angeles. Motion set for hearing on 8/6/2007 at 10:00 AM before Judge Dean D. Pregerson. (jp) (Entered: 07/24/2007)

July 11, 2007 PACER
71

OPPOSITION to MOTION to Vacate Injunction 64 69 filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (ad) (Entered: 08/01/2007)

July 23, 2007 PACER
72

DECLARATIONS and Exhibits in support of Opposition to MOTION to Vacate Injunction 64 69 filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (ad) (Entered: 08/01/2007)

July 23, 2007 PACER
73

REPLY to opposition to MOTION to Vacate Injunction 64 69 filed by Defendant City of Los Angeles. (ad) (Entered: 08/16/2007)

July 30, 2007 PACER
70

MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson: On the Court's own motion, Defendant's MOTION to Vacate Injunction Order 64 69 . Motion continued for hearing on 8/20/2007 at 10:00 AM before Judge Dean D. Pregerson.(shb) (Entered: 08/01/2007)

July 31, 2007 PACER
77

NOTICE of Plaintiff's Intent to File Motion to Extend the Injunction filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (lga) (Entered: 08/28/2007)

Aug. 15, 2007 PACER
78

NOTICE OF MOTION AND SECOND MOTION to Extend INJUNCTION filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood.Motion set for hearing on 9/10/2007 at 10:00 AM before Judge Dean D. Pregerson. Lodged order.(sm) (Entered: 08/28/2007)

Aug. 20, 2007 PACER
79

DECLARATIONS and EXHIBITS In Support of Plaintiff's 2nd MOTION to Extend Injunction 78 filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (bho) (Entered: 08/28/2007)

Aug. 20, 2007 PACER
80

MEMORANDUM of Points and Authorities in Support of MOTION to Extend Time 78 filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (bho) (Entered: 08/28/2007)

Aug. 20, 2007 PACER
74

MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson : re: MOTION to Vacate Injunction 64 69 . Motion set for hearing on 9/10/2007 at 10:00 AM before Judge Dean D. Pregerson. The Court will still entertain the pending motions to vacate and extend and determine what effect they have onthe injunction at the re-set hearing.(shb) (Entered: 08/23/2007)

Aug. 21, 2007 PACER
81

EX PARTE APPLICATION for Order for continuing Citys motion to vacate injunction and plaintiffs motion to extend injunction hearing date and setting briefing schedule; memorandum; declaration of Wendy Shapero and Bruce Monroe filed by defendant City of Los Angeles. Lodged order.(lc) (Entered: 08/28/2007)

Aug. 22, 2007 PACER
75

DEFENDANT'S REPLY to Opposition to Ex Parte Application for Order Continuing Motion Hearing Date and Setting Briefing Schedule; Declaration of Bruce Monroe filed by Defendant City of Los Angeles. (vm) (Entered: 08/28/2007)

Aug. 24, 2007 PACER
76

OPPOSITION to Defendants' EXPARTE APPLICATION to Extend Briefing Schedule for Plaintiffs' Second Motion to Extend the Injunction; Declaration of Peter Eliasberg filed by plaintiffs Donald Fitzgerald.(vm) (Entered: 08/28/2007)

Aug. 24, 2007 PACER
83

Notice of inability to prepare and file an opposition to plaintiff's second motion to extend injunction and REQUEST for additional time to do so, Declaration of Cory M. Brente; filed by defendant City of Los Angeles; Request set for hearing on 9/10/2007 at 10:00 AM before Judge Dean D. Pregerson (ear) (Entered: 09/04/2007)

Aug. 27, 2007 PACER
82

ORDER by Judge Dean D. Pregerson GRANTING EX PARTE APPLICATION for Order for continuing motion hearing date and setting briefing schedule 81 Motion set for hearing on 10/29/2007 at 10:00 AM before Judge Dean D. Pregerson.(shb) (Entered: 08/31/2007)

Aug. 30, 2007 PACER
85

REQUEST to cross-examine declarants filed by Defendant City of Los Angeles.Request set for hearing on 9/10/2007 at 10:00 AM before Judge Dean D. Pregerson.(sm) (Entered: 09/07/2007)

Aug. 31, 2007 PACER
84

MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson : Court on own motion continues the hearings on defendants MOTION to Vacate Injunction 64 69, and plaintiffs MOTION and second motion to extend injunction 78 to 11/2/2007 at 09:00 AM.(lc) (Entered: 09/06/2007)

Sept. 5, 2007 PACER
86

MEMORANDUA OF POINTS AND AUTHORITIES AND EVIDENTIARY OBJECTIONS in opposition to plaintiffs secod motin to extend injunciton; supporting declarations and exhibits 81 filed by Defendant City of Los Angeles. (lc) (Entered: 09/25/2007)

Sept. 24, 2007 PACER
87

PLAINTIFFS' RESPONSES TO DEFENDANTS' EVIDENTIARY OBJECTIONS RE SECOND MOTION TO EXTEND INJUNCTION re MOTION to Extend Time 78 filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (vh) (Entered: 10/17/2007)

Oct. 15, 2007 PACER
88

PLAINTIFFS' EVIDENTIARY OBJECTIONS RE SECOND MOTION TO EXTEND INJUNCTION re: MOTION to Extend Time 78 filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (vh) (Entered: 10/17/2007)

Oct. 15, 2007 PACER
89

REPLY POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' SECOND MOTION TO EXTEND INJUNCTION re MOTION to Extend Time 78 filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (vh) (Entered: 10/17/2007)

Oct. 15, 2007 PACER
90

DECLARATIONS AND EXHIBITS TO REPLY POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' SECOND MOTION TO EXTEND INJUNCTION re MOTION to Extend Time 78 filed by Plaintiffs Donald Fitzgerald, Delbert Eugene Hudson, Dilworth Menefee, Mario Youngblood. (vh) (Entered: 10/17/2007)

Oct. 15, 2007 PACER
91

RESPONSE to Defendants' REQUEST to Cross-Examine Declarants 85 filed by Plaintiff Donald Fitzgerald. (tad) (Entered: 10/17/2007)

Oct. 16, 2007 PACER
92

REPLY to Opposition to REQUEST to cross-examine declarants 85 filed by Defendants Charlie Beck, Does, City of Los Angeles, William Bratton, William Bratton, Charlie Beck. (tad) (Entered: 10/25/2007)

Oct. 24, 2007 PACER
93

OBJECTIONS and Responses to Plaintiffs' Declarations and Exhibits to Reply points and Authorities in Supportof Plaitniffs' re: Second MOTION to Extend Injunction 78 filed by Defendant City of Los Angeles. (tad) (Entered: 10/25/2007)

Oct. 24, 2007 PACER
94

DECLARATION of Douglas R Gray regarding absence of 6/3/07 citationfor Donald Sweargene filed by Defendant City of Los Angeles. (lc) (Entered: 10/29/2007)

Oct. 25, 2007 PACER
95

MINUTES OF Status Conference held before Judge Dean D. Pregerson: The Court continues the DEFENDANTS' MOTION TO VACATE INJUNCTION 69 and the PLAINTIFFS' MOTION ANDSECOND MOTION TO EXTEND INJUNCTION 78 to December 7, 2007 at 2:30 p.m. A LOCAL RULE 16-14.4 SETTLEMENT CONFERENCE is set for Thursday, November 15, 2007 at 2:00 p.m.Court Reporter: Maria Mustillos. (lc) (Entered: 11/05/2007)

Nov. 2, 2007 PACER
96

ORDER by Judge Dean D. Pregerson, Settlement Conference set for November 15,2007 at 2:00 pm. (sce) (Entered: 11/13/2007)

Nov. 9, 2007 PACER

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: March 18, 2003

Closing Date: Feb. 17, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

homeless individuals on Skid Row

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Southern California

Hadsell, Stormer & Renick

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Los Angeles (Los Angeles, Los Angeles), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2003 - 2006