Case: Local 10 ILWU v. City of Oakland

3:03-cv-02962 | U.S. District Court for the Northern District of California

Filed Date: June 26, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On the morning of April 7, 2003, protesters gathered at the Port of Oakland for a peaceful demonstration against the Iraq war and against specific companies that profited from the war and did business at the Port. Demonstrators formed a picket line and encouraged workers and truck drivers to refuse to enter the facilities, but did not to obstruct their access. That morning, the officers of Local 10 of the International Longshore and Warehouse Union (ILWU) met to decide whether its members shoul…

On the morning of April 7, 2003, protesters gathered at the Port of Oakland for a peaceful demonstration against the Iraq war and against specific companies that profited from the war and did business at the Port. Demonstrators formed a picket line and encouraged workers and truck drivers to refuse to enter the facilities, but did not to obstruct their access. That morning, the officers of Local 10 of the International Longshore and Warehouse Union (ILWU) met to decide whether its members should report to work given the demonstration and the police presence. Several members of the Union were posted at the gates to the terminals of two of the companies against which the demonstration was held, with the purpose of letting Union members know that a decision was pending and that they should not enter until it was reached. Most or all of the Union members present waited outside of the gates in a group separate from the demonstrators. Also present were several legal observers from the National Lawyers Guild. At about 7:15 AM, the Oakland Police issued a dispersal order, alleged to be inaudible to most of the demonstrators and unclear in its directive. The demonstrators cleared away from the gates and allowed traffic to pass through more easily. The police formed lines blocking access to the route to the BART station by which most of the demonstrators arrived, and also to the parking lots where others had parked. At about 7:30, allegedly without any further warning or provocation, the Oakland police officers began barraging the demonstrators with a variety of "less-lethal weapons" including "sting ball" grenades filled with rubber pellets and tear gas, and wooden dowels and lead shot-filled bean bags fired from shotguns. The officers did not distinguish between the demonstrators, legal observers, and members of the Union, subjecting them all to this barrage. The demonstrators and others attempted to retreat along the only open routes, and the Police pursued, continuing to fire "less-lethal" weapons into the crowd and to strike at them with battons. Some demonstrators were intentionally struck by officers' motorcycles, in accordance with the Oakland Police Department's (OPD) standard practice for crowd dispersal at the time. The officers fired these weapons at demonstrators who arrived after any notice to disperse was given, and on bystanders. The police allegedly also purposely singled out and fired their weapons at legal observers, videographers and journalists, and individuals who appeared to be leaders because they carried bullhorns.

On June 26, 2003, two separate suits were filed against the City of Oakland, the OPD, and related defendants, in response to the OPD's actions on April 7. Both suits were filed in the United States District Court for the Northern District of California. Because the cases involved substantially similar questions of fact and law and arose out of the same events, on August 11, 2003, the Court ordered that the cases be officially related and heard before the same judge. The cases were not consolidated under the same docket, but most or all of the substantive orders and opinions issued by the Court thereafter bore the docket numbers and captions of both cases and applied to both cases. The cases were also officially related to a third case, Allen v. City of Oakland, a landmark case filed in 2000 that had settled in March 2003 with the City agreeing to implement comprehensive reforms to its policing practices and to submit to monitoring by court-appointed experts (Allen has a separate entry in the Clearinghouse, see related cases below.)

One of the two cases addressed here, Local 10 ILWU v. City of Oakland, was filed as a class-action on behalf of all persons who attended the April 7 demonstration or who might attend future demonstrations in Oakland, and who were or would be subjected to the Defendants' alleged policy and practice of using excessive and arbitrary force to disperse or control demonstrations. In addition to the class plaintiffs, the suit also named as plaintiffs Local 10 ILWU and nine of its members, who were "standing by" in the vicinity of the demonstration but not active participants in it. All of the Union member plaintiffs had been hit by projectiles fired by the police.

The other suit, Coles v. City of Oakland, sought relief for several individual demonstrators who were allegedly injured by the OPD. These individuals were all demonstrators who allegedly had been shot by the police with less-lethal munitions, struck with motorcycles, and/or wrongfully arrested. One plaintiff was struck in the torso by a police baton, hit by a motorcycle, and shot in the face and neck with a lead-filled bean bag.

In both cases, Plaintiffs alleged that the Defendants' actions were prohibited the Constitutions of both the U.S and California. They alleged violations of their guaranteed rights to freedom of speech and association, their right to be free from unreasonable searches and seizures, their rights to equal protection and due process, their right to be free from the use of excessive and arbitrary force, and their right to privacy. The case was brought under 42 U.S.C. § 1983, which allows private actions to be brought against States for violations under color of state law of rights guaranteed by federal constitutional and statutory law. The Union also alleged that the Defendants had violated California privacy law by conducting investigations into its political affiliations and activities prior to the scheduled demonstration.

In both cases, Plaintiffs sought compensatory, exemplary, and punitive damages, as well as to recover legal costs. They also sought declaratory judgments holding the Defendants' actions to have been unlawful violations of the Plaintiffs' rights under the Constitutions of the U.S. and of California and of statutory law. They sought injunctions that among other things would prohibit the Defendants from unlawfully interfering with the constitutional and statutory rights of participants in public demonstrations and protests; from intentionally striking demonstrators with motorcycles; and from using "less-lethal" weapons as a method of crowd control against non-violent crowds or demonstrations. They sought an order compelling compliance with the already mandatory terms of the Settlement and Consent Decree reached in Allen v. City of Oakland.

On December 24, 2004, the parties entered a court-approved partial settlement addressing the Plaintiffs' claims for injunctive and declaratory relief to the extent that those claims related to the Defendants' crowd control policies. At the same time, class-action elements of the Local 10 ILWU case were voluntarily dismissed without prejudice. In the settlement, the Defendants denied any wrongdoing. The claims for damages and costs, and for other injunctive relief, remained to be litigated. The Court retained jurisdiction over the issues resolved by the settlement for purposes of enforcement. The City of Oakland and its Police Department adopted a new official Crowd Control/Crowd Management Policy in light of the settlement. The Crowd Control Policy restricted the City's power to declare an assembly unlawful only to those circumstances where demonstrators had already acted illegally or where they posed a clear and present danger of imminent violence. It forbade the OPD from dispersing demonstrations that had not been declared unlawful. It also required the OPD to provide an opportunity for demonstrators at assemblies declared unlawful to safely disperse prior to arrest, and required that repeated and sufficiently amplified announcements of the dispersal order, specifying available routes, be made. It also forbade the indiscriminate use of less-lethal munitions directly against crowds, even when specific individuals in the group were already violent. It prohibited the use of intentional motorcycle strikes and certain less-lethal weapons, such as wooden dowels and tasers, against crowds, and required that bean-bag munitions only be used against specifically targeted violent individuals or individuals who otherwise present an imminent risk to themselves or others. In 2011-12, the City of Oakland allegedly violated this policy repeatedly when it used less-lethal munitions against non-violent demonstrators at Occupy Oakland demonstrations and other protests. See related cases below (Campbell and Spalding).

On April 27, 2005, the Court (Judge Thelton E. Henderson) denied the Defendants' motions to dismiss the Plaintiffs' Fourth Amendment claims in both cases for the use of excessive force in instances where plaintiffs were not arrested. The Defendants did not seek to have dismissed the Fourth Amendment excessive force claims of those plaintiffs who had been arrested. The Judge held that whether the police actions intended to physically move the plaintiffs constituted seizures (and therefore would qualify for protection under the Amendment) was a question that would need to be resolved at trial. The order also denied the Defendants motion to dismiss the Union's First Amendment claims, because the Union alleged that the police had investigated the Union prior to the protest and knew that many of its leaders supported the demonstrators and their cause.

On September 27, 2005, the Court granted in part and denied in part Plaintiffs' motion for attorneys' fees and legal costs, determining that the Plaintiffs were entitled to fees but declining to order the Defendants to pay the amount requested, totaling about $1,100,000, although not declaring this amount to be unreasonable. The order required the parties to negotiate further, and to return to the Court for a judicial determination of the amount to be paid only if the negotiations failed. Coles v. City of Oakland, 2005 WL 2373724 (N.D. Cal. 2005).

On December 6, 2005, Judge Henderson issued an order that granted in part and denied in part the parties' various motions for partial summary judgment or adjudication, resolving all outstanding questions of law and fact except the Fourth Amendment issue described above, which he held would need to be argued orally. He granted the Local 10 Plaintiffs' unopposed motion for summary judgment on their privacy claim, and the Defendants' unopposed motions to dismiss certain claims against some of the individual police officer defendants.

After this order, the Plaintiffs in the Local 10 ILWU case entered settlement negotiations with the Defendants, and on July 31, 2006 the action was voluntarily dismissed with prejudice in light of settlements reached between the parties. These settlement agreements have not been obtained by the Clearinghouse and their terms are unknown, but they did include attorneys' fees and costs. The Court retained jurisdiction over the case in order to enforce the earlier settlement that established the Crowd Control Policy.

The Plaintiffs in Coles also reached settlements with the Defendants. One plaintiff received $210,000 inclusive of attorneys' fees and costs. Another received $8,000, inclusive of costs. Other plaintiffs settled for $30,000, $10,000, $31,250, and $48,000, exclusive of attorneys' fees and costs. The amount received by the remaining plaintiff is unknown.

On January 4, 2007, Judge Henderson granted in part and denied in part the Plaintiffs' motion for attorneys' fees in the Cole case. The Court ordered the Defendants to pay the Plaintiffs' attorneys $621,512.12. This included attorneys' fees and costs for the Coles portion of the earlier settlement for injunctive relief that lead to the Crowd Control Policy.

As of the time of this writing, July 2013, there has been no activity on either docket since this last order. The settlement establishing the Crowd Control Policy does not appear to have a termination date, and so it is possible that the case could be reopened.

Summary Authors

Alex Colbert-Taylor (7/12/2013)

Related Cases

Allen v. City of Oakland, Northern District of California (2000)

Spalding v. City of Oakland, Northern District of California (2011)

Campbell v. City of Oakland, Northern District of California (2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5715472/parties/local-10-international-longshore-and-warehouse-un-v-city-of-oakland/

Judge(s)
Attorney for Plaintiff

Burris, John L. (California)

Chanin, James B. (California)

Gibbons, John F. (California)

Goodman, William Harry (New York)

Attorney for Defendant

Fox, Gregory Mellon (California)

show all people

Documents in the Clearinghouse

Document

3:03-cv-02962

Docket (PACER)

July 31, 2006

July 31, 2006

Docket

3:03-cv-02961

Docket

Coles v. City of Oakland

Oct. 23, 2009

Oct. 23, 2009

Docket
1

3:03-cv-02962

Complaint

June 26, 2003

June 26, 2003

Complaint

2005 WL 2613229

1

3:03-cv-02961

Complaint and Demand for Jury Trial

Coles v. City of Oakland

June 26, 2003

June 26, 2003

Complaint

3:03-cv-02962

Statement of Willow Rosenthal

No Court

June 26, 2003

June 26, 2003

Press Release

3:03-cv-02962

Statement of Eric Shaw

No Court

June 26, 2003

June 26, 2003

Press Release

3:03-cv-02962

Statement of Alan Schlosser

No Court

June 26, 2003

June 26, 2003

Press Release

3:03-cv-02962

Statement of Local 10 ILWU

No Court

June 26, 2003

June 26, 2003

Press Release
8

3:03-cv-02962

Related Case Order

July 31, 2003

July 31, 2003

Order/Opinion
25

3:03-cv-02962

Third Amended Complaint

June 16, 2004

June 16, 2004

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5715472/local-10-international-longshore-and-warehouse-un-v-city-of-oakland/

Last updated June 1, 2026, 7:45 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City Of Oakland, P. Gonzales, R. Gutierez, Patrick Haw, T. Hogenmiller, R. Holmgren, Howard A. Jordan, S. Knight, Dave Kozicki, A. Oerleamns, E. Poulson, M. Randall, E. Tracey, Richard Word, Rod Yee (Filing fee $150 receipt number 3348854). Filed by Thomas Becker, Diana Bohn, Jeffrey Crow Bolt, Allen Chapman, Jesse Christensen, Christopher Clay, Matthew Dodt, Silas Dunn, Terrence Enright, Ernest Evans, Scott Fleming, Violeta Foregger, Nicholas Frabasilio, Cyprus Gonzalez, Alica Grogan−Brown, Willie Hamlin, Kenneth Hayes, Billy Kepoo, Aidan Kotler, Jessica Lawrence, Local 10, International Longshore and Warehouse Union, David Loville, Arthur Martinez, Lawrence Massey, Kristin Meeker, Bernadine Mellis, Lawrence Menard, Miles Montabano, Byron Moore Sr., John Nishinaga, Henry Norr, Susan Quinlan, Tim Ridolfi, Patricia "Max" Rorty, Willow Rosenthal, Dean Royer, Steven Sakala, Jennifer Schockemoehl, Eric Shaw, Chelsea Smith, Rebecca Sonchek. (mmt, COURT STAFF) Additional attachment(s) added on 7/16/2003 (slh, ). (Entered:

June 26, 2003

June 26, 2003

2

ADR SCHEDULING ORDER: Case Management Statement due by 10/21/2003. Case Management Conference set for 10/28/2003 at 02:00 PM. (Attachments: # 1 Standing Order)(mmt, COURT STAFF) (Entered: 06/27/2003)

June 26, 2003

June 26, 2003

CASE DESIGNATED for Electronic Filing. (mmt, COURT STAFF) (Entered: 06/27/2003)

June 26, 2003

June 26, 2003

Summons Issued as to City Of Oakland ; P. Gonzales ; R. Gutierez ; Patrick Haw ; T. Hogenmiller ; R. Holmgren ; Howard A. Jordan ; S. Knight ; Dave Kozicki ; A. Oerleamns ; E. Poulson ; M. Randall ; E. Tracey ; Richard Word ; Rod Yee (mmt, COURT STAFF)

June 26, 2003

June 26, 2003

CASE DESIGNATED for Electronic Filing. (mmt, COURT STAFF)

June 26, 2003

June 26, 2003

3

NOTICE of Related Case (Amended Notice) by Thomas Becker, Diana Bohn, Jeffrey Crow Bolt, Allen Chapman, Jesse Christensen, Christopher Clay, Matthew Dodt, Silas Dunn, Terrence Enright, Ernest Evans, Scott Fleming, Violeta Foregger, Nicholas Frabasilio, Cyprus Gonzalez, Alicia Grogan−Brown, Willie Hamlin, Kenneth Hayes, Billy Kepoo, Aidan Kotler, Jessica Lawrence, Local 10, International Longshore and Warehouse Union, David Loville, Arthur Martinez, Lawrence Massey, Kristin Meeker, Bernadine Mellis, Lawrence Menard, Miles Montabano, Byron Moore Sr., John Nishinaga, Henry Norr, Susan Quinlan, Tim Ridolfi, Patricia "Max" Rorty, Willow Rosenthal, Dean Royer, Steven Sakala, Jennifer Schockemoehl, Eric Shaw, Chelsea Smith, Rebecca Sonchek. (Attachments: # 1 proof of service)(Mass, Julia) (Entered: 07/08/2003)

July 8, 2003

July 8, 2003

4

RESPONSE to PLAINTIFFS' NOTICES OF RELATED CASES FILED IN THE MATTERS OF SRI LOUISE COLES, ET AL. V. CITY OF OAKLAND, CASE NO. 03−2961 MMC AND LOCAL 21, ET AL. V. CITY OF OAKLAND, ET AL. CASE NO. C03−2962 MJJ (Civil Local Rule 3−12) by City Of Oakland. (Hall, Randolph) (Entered: 07/11/2003)

July 11, 2003

July 11, 2003

5

CLERK'S NOTICE re: Failure to E−File and/or Failure to Register as an E−Filer re: 1 . (slh) (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

6

First AMENDED COMPLAINT against all defendants. Filed by Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Thomas Becker, Diana Bohn, Jeffrey Crow Bolt, Allen Chapman, Jesse Christensen, Christopher Clay, Matthew Dodt, Silas Dunn, Terrence Enright, Ernest Evans, Scott Fleming, Violeta Foregger, Nicholas Frabasilio, Cyprus Gonzalez, Alicia Grogan−Brown, Willie Hamlin, Kenneth Hayes, Billy Kepoo, Aidan Kotler, Jessica Lawrence, Local 10, International Longshore and Warehouse Union, David Loville, Arthur Martinez, Lawrence Massey, Kristin Meeker, Bernadine Mellis, Lawrence Menard, Miles Montabano, Byron Moore Sr., John Nishinaga, Henry Norr, Susan Quinlan, Tim Ridolfi, Patricia "Max" Rorty, Willow Rosenthal, Dean Royer, Steven Sakala, Jennifer Schockemoehl, Eric Shaw, Chelsea Smith, Rebecca Sonchek. (Mass, Julia) (Entered: 07/18/2003)

July 18, 2003

July 18, 2003

7

Summons Returned Unexecuted as to defendants, filed by Thomas Becker, Diana Bohn, Jeffrey Crow Bolt, Allen Chapman, Jesse Christensen, Christopher Clay, Matthew Dodt, Silas Dunn, Terrence Enright, Ernest Evans, Scott Fleming, Violeta Foregger, Nicholas Frabasilio, Cyprus Gonzalez, Alicia Grogan−Brown, Willie Hamlin, Kenneth Hayes, Clay Hinson, Billy Kepoo, Aidan Kotler, Lesley Krueger, Jessica Lawrence, Local 10, International Longshore and Warehouse Union, David Loville, Arthur Martinez, Lawrence Massey, Kristin Meeker, Bernadine Mellis, Lawrence Menard, Judith Mirkinson, Miles Montabano, Byron Moore Sr., John Nishinaga, Henry Norr, A. Oerleamns, Susan Quinlan, Tim Ridolfi, Patricia "Max" Rorty, Willow Rosenthal, Dean Royer, Vaahdat Saadat, Steven Sakala, Marko Sakmann, Jennifer Schockemoehl, Eric Shaw, Chelsea Smith, Rebecca Sonchek. (slh, ) (Entered: 07/21/2003)

July 18, 2003

July 18, 2003

Summons Issued as to City Of Oakland ; P. Gonzales ; R. Gutierez ; Patrick Haw ; T. Hogenmiller ; R. Holmgren ; Howard A. Jordan ; S. Knight ; Dave Kozicki ; A. Oerleamns ; E. Poulson ; M. Randall ; E. Tracey ; Richard Word ; Rod Yee (slh, ) (Entered: 07/21/2003)

July 18, 2003

July 18, 2003

Summons Issued as to City Of Oakland ; P. Gonzales ; R. Gutierez ; Patrick Haw ; T. Hogenmiller ; R. Holmgren ; Howard A. Jordan ; S. Knight ; Dave Kozicki ; A. Oerleamns ; E. Poulson ; M. Randall ; E. Tracey ; Richard Word ; Rod Yee (slh, )

July 18, 2003

July 18, 2003

9

ORDER REFERRING CASE to Magistrate Judge Larson for Settlement. Signed by Judge Thelton E. Henderson on 8/18/03. (rbe) (Entered: 08/18/2003)

Aug. 18, 2003

Aug. 18, 2003

10

Letter to the Court from Gregory M. Fox of Bertrand Fox &Elliot confirming the two cases captioned above, that the initial case management conference is set for 1/26/04 at 1:30 PM. (db, COURT STAFF) (Filed on 1/8/2004) Additional attachment(s) added on 1/22/2004 (rbe, COURT STAFF). (Entered: 01/13/2004)

Jan. 8, 2004

Jan. 8, 2004

11

JOINT CASE MANAGEMENT STATEMENT filed by City Of Oakland. (Fox, Gregory) (Filed on 1/20/2004) (Entered: 01/20/2004)

Jan. 20, 2004

Jan. 20, 2004

12

CLERK'S NOTICE re: Failure to E−File and/or Failure to Register as an E−Filer defendant's counsel filed docket entry #10, letter to the court regarding case management conference, to be submitted to the court manually for the file. (db, COURT STAFF) (Filed on 1/21/2004) (Entered: 01/21/2004)

Jan. 21, 2004

Jan. 21, 2004

13

Minute Entry: Initial Case Management Conference held on 1/26/2004 before Judge Thelton E. Henderson. Further Case Management Conference set for 5/3/2004 01:30 PM. (not reported) (rbe, COURT STAFF) (Date Filed: 1/26/2004) (Entered: 01/26/2004)

Jan. 26, 2004

Jan. 26, 2004

14

STIPULATION And Order Granting Plaintiffs leave to File Second Amended Complaint by Thomas Becker, Diana Bohn, Jeffrey Crow Bolt, Allen Chapman, Jesse Christensen, Christopher Clay, Matthew Dodt, Silas Dunn, Terrence Enright, Ernest Evans, Scott Fleming, Violeta Foregger, Nicholas Frabasilio, Cyprus Gonzalez, Alicia Grogan−Brown, Willie Hamlin, Kenneth Hayes, Clay Hinson, Billy Kepoo, Aidan Kotler, Lesley Krueger, Jessica Lawrence, Local 10, International Longshore and Warehouse Union, David Loville, Arthur Martinez, Lawrence Massey, Kristin Meeker, Bernadine Mellis, Lawrence Menard, Judith Mirkinson, Miles Montabano, Byron Moore Sr., John Nishinaga, Henry Norr, Susan Quinlan, Tim Ridolfi, Patricia "Max" Rorty, Willow Rosenthal, Dean Royer, Vaahdat Saadat, Steven Sakala, Marko Sakmann, Jennifer Schockemoehl, Eric Shaw, Chelsea Smith, Rebecca Sonchek. (Chanin, James) (Filed on 1/27/2004) (Entered: 01/27/2004)

Jan. 27, 2004

Jan. 27, 2004

15

STIPULATION AND ORDER granting plaintiffs leave to file second amended complaint. Signed by Judge Thelton E. Henderson on 1/28/04. (rbe, COURT STAFF) (Filed on 1/28/2004) (Entered: 01/28/2004)

Jan. 28, 2004

Jan. 28, 2004

16

SECOND AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE AND DECLARATORY RELIEF against all defendants. Filed by Thomas Becker, Diana Bohn, Jeffrey Crow Bolt, Allen Chapman, Jesse Christensen, Christopher Clay, Matthew Dodt, Silas Dunn, Terrence Enright, Ernest Evans, Scott Fleming, Violeta Foregger, Nicholas Frabasilio, Cyprus Gonzalez, Alicia Grogan−Brown, Willie Hamlin, Kenneth Hayes, Clay Hinson, Billy Kepoo, Aidan Kotler, Lesley Krueger, Jessica Lawrence, Local 10, International Longshore and Warehouse Union, David Loville, Arthur Martinez, Lawrence Massey, Kristin Meeker, Bernadine Mellis, Lawrence Menard, Judith Mirkinson, Miles Montabano, Byron Moore Sr., John Nishinaga, Henry Norr, Susan Quinlan, Tim Ridolfi, Patricia "Max" Rorty, Willow Rosenthal, Dean Royer, Vaahdat Saadat, Steven Sakala, Marko Sakmann, Jennifer Schockemoehl, Eric Shaw, Chelsea Smith, Rebecca Sonchek. (Chanin, James) (Filed on 1/28/2004) Modified on 1/29/2004 (db, COURT STAFF). (Entered: 01/28/2004)

Jan. 28, 2004

Jan. 28, 2004

2nd Amended Complaint Summons Issued by the plaintiff as to all defendants(db, COURT STAFF) (Filed on 1/29/2004) Modified on 1/29/2004 (db, COURT STAFF). (Entered: 01/29/2004)

Jan. 29, 2004

Jan. 29, 2004

2nd Amended Complaint Summons Issued by the plaintiff as to all defendants(db, COURT STAFF) (Filed on 1/29/2004) Modified on 1/29/2004 (db, COURT STAFF).

Jan. 29, 2004

Jan. 29, 2004

17

JOINT CASE MANAGEMENT STATEMENT (Further) filed by Thomas Becker, Diana Bohn, Jeffrey Crow Bolt, Allen Chapman, Jesse Christensen, Christopher Clay, Matthew Dodt, Silas Dunn, Terrence Enright, Ernest Evans, Scott Fleming, Violeta Foregger, Nicholas Frabasilio, Cyprus Gonzalez, Alicia Grogan−Brown, Willie Hamlin, Kenneth Hayes, Clay Hinson, Billy Kepoo, Aidan Kotler, Lesley Krueger, Jessica Lawrence, Local 10, International Longshore and Warehouse Union, David Loville, Arthur Martinez, Lawrence Massey, Kristin Meeker, Bernadine Mellis, Lawrence Menard, Judith Mirkinson, Miles Montabano, Byron Moore Sr., John Nishinaga, Henry Norr, Susan Quinlan, Tim Ridolfi, Patricia "Max" Rorty, Willow Rosenthal, Dean Royer, Vaahdat Saadat, Steven Sakala, Marko Sakmann, Jennifer Schockemoehl, Eric Shaw, Chelsea Smith, Rebecca Sonchek. (Chanin, James) (Filed on 4/26/2004) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

18

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Signed by Judge James Larson on 5/6/04. (jlsec, COURT STAFF) (Filed on 5/6/2004) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

19

NOTICE OF SETTLEMENT CONFERENCE AND NEW DATE OF SETTLEMENT CONFERENCE ORDER. Signed by Judge James Larson on 5/6/04. (jlsec, COURT STAFF) (Filed on 5/6/2004) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

20

Minute Entry: Settlement Conference held on 7/16/04. The Case Did Not Settle. (Date Filed: 7/21/2004). (Court Reporter n/a.) (jlsec, COURT STAFF) (Date Filed: 7/21/2004) (Entered: 07/21/2004)

July 21, 2004

July 21, 2004

21

JOINT CASE MANAGEMENT STATEMENT filed by Local 10, International Longshore and Warehouse Union. (Chanin, James) (Filed on 8/11/2004) (Entered: 08/11/2004)

Aug. 11, 2004

Aug. 11, 2004

22

STIPULATION and [Proposed] Order Extending Time by City Of Oakland, Richard Word. (Fox, Gregory) (Filed on 9/9/2004) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

23

NOTICE by Attorneys for Plaintiffs: Counsel Haddad &Sherwin will be out of the country and unavailable for any purposed from September 20, 2004 to October 4, 2004. Julia Sherwin(db, COURT STAFF) (Filed on 9/15/2004) (Entered: 09/16/2004)

Sept. 15, 2004

Sept. 15, 2004

24

STIPULATION /Order Granting Leave to File Third Amended Complaint by Local 10, International Longshore and Warehouse Union. (Lederman, Rachel) (Filed on 9/16/2004) (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

25

AMENDED COMPLAINT Third Amended Complaint against all defendants. Filed by Local 10, International Longshore and Warehouse Union. (Lederman, Rachel) (Filed on 9/16/2004) (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

26

STIPULATION AND ORDER granting plaintiffs leave to file third amended complaint. Signed by Judge Thelton E. Henderson on 9/17/04. (rbe, COURT STAFF) (Filed on 9/17/2004) (Entered: 09/17/2004)

Sept. 17, 2004

Sept. 17, 2004

27

ORDER for PRETRIAL PREPARATION: Case Management Conference set for 11/29/2004 01:30 PM. Discovery due by 10/3/2005. Jury Trial set for 1/17/2006 08:30 AM for an estimated 30 days. Motion Hearing set for 11/28/2005 10:00 AM. Motions due by 10/24/2005. Pretrial Conference set for 1/9/2006 03:00 PM. Case referred to Mag. Judge Larson for settlement. Signed by Judge Thelton E. Henderson on 10/25/04. (rbe, COURT STAFF) (Filed on 10/26/2004) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

28

STIPULATION STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS CITY OF OAKLAND TO FILE FIRST RESPONSIVE PLEADING by City Of Oakland. (Fox, Gregory) (Filed on 11/8/2004) (Entered: 11/08/2004)

Nov. 8, 2004

Nov. 8, 2004

29

STIPULATION AND ORDER extending time for the City of Oakland to file first responsive pleading. Signed by Judge Thelton E. Henderson on 11/9/04. (rbe, COURT STAFF) (Filed on 11/9/2004) (Entered: 11/09/2004)

Nov. 9, 2004

Nov. 9, 2004

30

Minute Entry: Settlement Conference held on 11/18/04. Case did not settle. (Date Filed: 11/18/2004). (Court Reporter n/a.) (jlsec, COURT STAFF) (Date Filed: 11/18/2004) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

31

STIPULATION and [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE DATE by City Of Oakland. (Fox, Gregory) (Filed on 11/23/2004) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

33

STIPULATION and (Proposed) Order Partially Settling Plaintiffs' Claims for Injunctive Relief by Sri Louise Coles. (Attachments: # 1)(Haddad, Michael) (Filed on 12/20/2004) (Entered: 12/20/2004)

Dec. 20, 2004

Dec. 20, 2004

34

STIPULATION AND ORDER approving partial settlement of plaintiffs' claims for injunctive relief. Signed by Judge Thelton E. Henderson on 12/24/04. (rbe, COURT STAFF) (Filed on 12/28/2004) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

35

Letter from Gregory M. Fox, January 14, 2005. (Fox, Gregory) (Filed on 1/18/2005) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

36

Letter from Michael J. Haddad. (Haddad, Michael) (Filed on 1/18/2005) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

37

STIPULATION AND ORDER setting briefing schedule and hearing date. Dfts' Motion Dismiss is set for 3/7/2005 10:00 AM. Signed by Judge Thelton E. Henderson on 1/21/05. (rbe, COURT STAFF) (Filed on 1/24/2005) (Entered: 01/24/2005)

Jan. 24, 2005

Jan. 24, 2005

38

MOTION to Dismiss for Failure to State a Claim, Pursuant to FRCP 12(b)(6) filed by City Of Oakland. Motion Hearing set for 3/7/2005 10:00 AM. (Fox, Gregory) (Filed on 1/28/2005) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

39

AFFIDAVIT in Opposition to Def's Mot. to Dismiss filed byLocal 10, International Longshore and Warehouse Union. (Schlosser, Alan) (Filed on 2/3/2005) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

40

Reply to Opposition to 12(b)(6) Motion filed byCity Of Oakland. (Fox, Gregory) (Filed on 2/18/2005) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

41

NOTICE by Kristin Meeker DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE TO PLAINTIFF KRISTIN MEEKER (Chanin, James) (Filed on 2/24/2005) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

42

NOTICE by Marc De Giere DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE TO PLAINTIFF MARK DEGIERE (Chanin, James) (Filed on 2/24/2005) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

43

NOTICE by Diana Bohn DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE TO PLAINTIFF DIANA BOHN (Chanin, James) (Filed on 2/24/2005) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

44

NOTICE of Acceptance with Offer of Judgment by Diana Bohn (Attachments: # 1 Exhibit (RULE 68) DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE TO PLAINTIFF DIANA BOHN# 2 Proof of Service)(Chanin, James) (Filed on 2/24/2005) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

45

NOTICE of Acceptance with Offer of Judgment by Marc De Giere (Attachments: # 1 Exhibit (RULE 68) DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE TO PLAINTIFF MARK DEGIERE# 2 Proof of Service)(Chanin, James) (Filed on 2/24/2005) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

46

NOTICE of Acceptance with Offer of Judgment by Kristin Meeker (Attachments: # 1 Exhibit DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE TO PLAINTIFF KRISTIN MEEKER# 2 Proof of Service)(Chanin, James) (Filed on 2/24/2005) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

47

NOTICE by Patricia "Max" Rorty (RULE 68) DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE TO PLAINTIFF PATRICIA MAX RORTY (Chanin, James) (Filed on 2/25/2005) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

48

NOTICE by Eric Shaw DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE TO PLAINTIFF ERIC SHAW

Feb. 25, 2005

Feb. 25, 2005

50

NOTICE of Acceptance with Offer of Judgment by Patricia "Max" Rorty (Attachments: # 1 Exhibit DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE TO PLAINTIFF PATRICIA MAX RORTY# 2 Proof of Service)(Chanin, James) (Filed on 2/25/2005) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

51

Minute Entry: Motion Hearing held on 3/7/2005 before Judge Thelton E. Henderson. Dfts' Motion to Dismiss is taken under submission. (Court Reporter: Debra Pas) (rbe, COURT STAFF) (Date Filed: 3/7/2005) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

52

NOTICE by John Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE TO PLAINTIFF LAWRENCE MENARD (Chanin, James) (Filed on 3/31/2005) (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

53

*** FILED IN ERROR. PLEASE SEE DOCKET # 56 . *** NOTICE by Lawrence Menard OF ACCEPTANCE OF DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE (F.R.C.P, 68) (Chanin, James) (Filed on 3/31/2005) Modified on 4/8/2005 (ewn, COURT STAFF). (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

54

NOTICE by Scott Fleming DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE TO PLAINTIFF SCOTT FLEMING (Chanin, James) (Filed on 4/1/2005) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

55

NOTICE by Scott Fleming ACCEPTANCE OF DEFENDANT CITY OF OAKLAND'S OFFER OF JUDGMENT AND OFFER TO COMPROMISE (Attachments: # 1 Exhibit 1)(Chanin, James) (Filed on 4/1/2005) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

56

NOTICE by Lawrence Menard CORRECTION OF DOCKET # 53 (Attachments: # 1)(Chanin, James) (Filed on 4/5/2005) (Entered: 04/05/2005)

April 5, 2005

April 5, 2005

57

ORDER by Judge Thelton E. Henderson denying 38 Motion to Dismiss. (tehlc3, COURT STAFF) (Filed on 4/27/2005)

April 27, 2005

April 27, 2005

Clearinghouse
58

NOTICE by City Of Oakland DEFENDANT'S NOTICE OF PENDENCY OF OTHER ACTION/RELATED CASE (Hall, Randolph) (Filed on 5/12/2005) (Entered: 05/12/2005)

May 12, 2005

May 12, 2005

59

STIPULATION AND PROPOSED ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE FOR PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS RE: OPD'S CROWD CONTROL POLICY by City Of Oakland, Richard Word. (Fox, Gregory) (Filed on 5/16/2005) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

60

CLERK'S NOTICE: Case numbers C03−2961 and C03−2962 TEH are not related to C03−3304 MJJ. (rbe, COURT STAFF) (Filed on 5/23/2005) (Entered: 05/23/2005)

May 23, 2005

May 23, 2005

62

RECEIVED PROPOSED STIPULATION AND ORDER GRANTING PARTIES LEAVE TO FILE MEMORANDA IN SUPPORT OF, AND OPPOSITION TO, LOCAL 10 PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS IN EXCESS OF 25 PAGES by John Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Chanin, James) (Filed on 5/26/2005) Modified on 5/27/2005 (db, COURT STAFF). (Entered: 05/26/2005)

May 26, 2005

May 26, 2005

63

MOTION FOR REQUEST FOR CERTIFICATION PURSUANT TO 28 U.S.C. 1292 (b) (Fox, Gregory) (Filed by City of Oakland, Richard Word, on 5/27/2005) Modified on 5/31/2005 (db, COURT STAFF). (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

64

MEMORANDUM in Support OF MOTION FOR REQUEST FOR CERTIFICATION OF ORDER FOR APPEAL PURSUANT TO 28 U.S.C. 1292 (b) filed byCity Of Oakland, Richard Word. (Attachments: # 1 Exhibit EXHIBIT A)(Fox, Gregory) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

65

MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES filed by John Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. Motion Hearing set for 7/11/2005 10:00 AM in Courtroom 12, 19th Floor, San Francisco. (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

66

EXHIBITS INDEX OF DECLARATIONS AND EVIDENCE IN SUPPORT OF LOCAL 10 PLAINTIFFS' MOTION FOR AND AWARD OF ATTORNEYS' FEES AND COSTS filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Attachments: # 1 Exhibit Exhibit 1: James B. Chanin Declaration# 2 Exhibit Exhibit 1A: Stipulation and Order for Partial Settlement of Injunctive Relief Exhibit Exhibit 1C: Article Regarding United Nations Commission# 5 Exhibit Exhibit 1D: Haw Document Regarding "Party at the Port" and Congratulating Command Staff# 6 Exhibit Exhibit 1E: Richard Word Deposition Excerpt# 7 Exhibit Exhibit 1F: James B. Chanin's Itemization of Hours Cited# 8 Exhibit Exhibit G: James B. Chanin Costs Summary# 9 Exhibit Exhibit H: May 25, 2005 Boston Herald News Article)(Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

67

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES , 66 Exhibits,,,,,,, Exhibit 2: Jovan Johnson Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Related document(s) 65 , 66 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

68

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES EXHIBIT 3: ALAN SCHLOSSERS DECLARATION filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Attachments: # 1 Exhibit Exhibit 3A: Schlosser's Resume# 2 Exhibit Exhibit 3B: Alan Schlosser's and ACLU's Itemization of Hours Claimed)(Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

69

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES EXHIBIT 4: JOHN CREW DECLARATION filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

70

EXHIBITS EXHIBIT 5: John Burris Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Attachments: # 1 Exhibit Exhibit 5A: John L. Burris' Itemization of Hours Claimed)(Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

71

EXHIBITS EXHIBIT 6: Bobbie Stein Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Attachments: # 1 Exhibit Exhibit 6A: Bobbie Stein's Itemization of Hours Claimed)(Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

72

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES EXHIBIT 7: OSHA NEUMANN DECLARATION filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Attachments: # 1 Exhibit Exhibit 7A: Osha Neumann's Resume# 2 Exhibit Exhibit 7B: Osha Neumann's Itemization of Hours Claimed)(Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

73

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES Exhibit 8: Rachel Lederman Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Attachments: # 1 Exhibit Exhibit 8A: Rachel Lederman's Itemization of Hours Claimed# 2 Exhibit Exhibit 8B: Rachel Lederman's Resume)(Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

74

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES Exhibit 9: Julie Houk's Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Attachments: # 1 Exhibit Exhibit 9A: Julie Houk's Itemization of Hours Claimed)(Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

75

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES Exhibit 10: Robert Remar Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Attachments: # 1 Exhibit Exhibit 10A: Robert Remar's Itemization of Hours Claimed)(Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

76

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES Exhibit 11: Michael Bien Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Attachments: # 1 Exhibit Exhibit 11A: Michael Bien's Resume)(Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

77

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES EXHIBIT 12: Pamela Price Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

78

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES EXHIBIT 13: Howard Friedman Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

79

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES EXHIBIT 14: ALAN GRAF DECLARATION filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

80

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES EXHIBIT 15: John Streeter Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

82

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES EXHIBIT 17: Carol Sobel Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

83

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES EXHIBIT 18: John Scott Declaration filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Attachments: # 1 Exhibit EXHIBIT 18A: 2004 National Law Journal Billing Survey)(Related document(s) 65 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

84

EXHIBITS re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES , 66 Exhibits,,,,,,, EXHIBIT 1H: May 25, 2005 Boston Herald News Article filed byJohn Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Related document(s) 65 , 66 ) (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

85

Proposed Order re 65 MOTION for Attorney Fees LOCAL 10 PLAINTIFFS' NOTICE OF AND MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES PROPOSED ORDER GRANTING LOCAL 10 PLAINTIFFS' MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS by John Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Chanin, James) (Filed on 5/27/2005) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

86

STIPULATION AND ORDER granting parties leave to file memoranda in excess of 25 pages. Signed by Judge Thelton E. Henderson on 5/26/05. (rbe, COURT STAFF) (Filed on 5/31/2005) (Entered: 05/31/2005)

May 31, 2005

May 31, 2005

87

STIPULATION AND PROPOSED ORDER EXTENDING TIME FOR DEFENDANTS CITY OF OAKLANDS TO FILE ANSWER IN LOCAL 10 ACTION by City Of Oakland, Richard Word. (Fox, Gregory) (Filed on 6/2/2005) (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

88

STIPULATION AND ORDER extending time for defendant City of Oakland to file its answer until 06/06/05. Signed by Judge Thelton E. Henderson on 6/3/05. (rbe, COURT STAFF) (Filed on 6/3/2005)

June 3, 2005

June 3, 2005

RECAP
89

NOTICE by City Of Oakland, Richard Word OF UNAVAILABILITY OF COUNSEL (Fox, Gregory) (Filed on 6/3/2005) (Entered: 06/03/2005)

June 3, 2005

June 3, 2005

90

STIPULATION AND ORDER CONTINUING HEARING DATE ON LOCAL 10 PLAINTIFFS' MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS, EXTENDING DEFENDANTS' DEADLINE TO FILE ANSWER TO THIRD AMENDED COMPLAINT, AND AGREEMENT BY DEFENDANTS TO NOT REQUEST A STAY RE INTERLOCUTORY APPEAL by John Nishinaga, Willow Rosenthal, Jessica Lawrence, Scott Fleming, Billy Kepoo, Jennifer Schockemoehl, Lawrence Menard, Jeffrey Crow Bolt, Matthew Dodt, Rebecca Sonchek, Terrence Enright, Arthur Martinez, Henry Norr, Steven Sakala, Susan Quinlan, Allen Chapman, Tim Ridolfi, Alicia Grogan−Brown, Kenneth Hayes, Dean Royer, Bernadine Mellis, Thomas Becker, Local 10, International Longshore and Warehouse Union, Patricia "Max" Rorty, Jesse Christensen, Diana Bohn, Miles Montabano, Christopher Clay, Nicholas Frabasilio, Cyprus Gonzalez, Kristin Meeker, Eric Shaw, Violeta Foregger, Chelsea Smith, Aidan Kotler, Silas Dunn, Lesley Krueger, Marko Sakmann, Judith Mirkinson, Vaahdat Saadat, Clay Hinson, Marc De Giere, David Martinez, Laura Ariel Glenn, Sarah Kennedy, Willie Hamlin, Cliff Close, Kate Sassoon, Jack Heyman, Ernest Evans, David Loville, Lawrence Massey, Byron Moore, Sr. (Chanin, James) (Filed on 6/9/2005) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

91

STIPULATION of Dismissal TO INDIVIDUAL OFFICER DEFENDANTS WITH PREJUDICE AS TO PLAINTIFF DIANA BOHN ONLY by City Of Oakland. (Fox, Gregory) (Filed on 6/9/2005) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

92

STIPULATION AND ORDER continuing the hearing date on plaintiffs' motion for attorneys' fees. Motion Hearing set for 9/19/2005 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 6/9/05. (rbe, COURT STAFF) (Filed on 6/9/2005)

June 9, 2005

June 9, 2005

RECAP
93

STIPULATION AND [PROPOSED ORDER] DISMISSING INDIVIDUAL OFFICER DEFENDANTS WITH PREJUDICE AS TO PLAINTIFF MARK DEGIERE ONLY by City Of Oakland. (Fox, Gregory) (Filed on 6/10/2005) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

94

STIPULATION AND [PROPOSED ORDER] DISMISSING INDIVIDUAL OFFICER DEFENDANTS WITH PREJUDICE AS TO PLAINTIFF KRISTIN MEEKER ONLY by City Of Oakland. (Fox, Gregory) (Filed on 6/10/2005) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

95

STIPULATION AND [PROPOSED ORDER] DISMISSING INDIVIDUAL OFFICER DEFENDANTS WITH PREJUDICE AS TO PLAINTIFF PATRICIA "MAX" RORTY ONLY by City Of Oakland. (Fox, Gregory) (Filed on 6/10/2005) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

96

STIPULATION AND [PROPOSED ORDER] DISMISSING INDIVIDUAL OFFICER DEFENDANTS WITH PREJUDICE AS TO PLAINTIFF ERIC SHAW ONLY by City Of Oakland. (Fox, Gregory) (Filed on 6/10/2005) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

97

STIPULATION AND [PROPOSED ORDER] DISMISSING ACTION OF PLAINTIFF THOMAS BECKER ONLY WITH PREJUDICE by City Of Oakland. (Fox, Gregory) (Filed on 6/10/2005) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

98

STIPULATION AND [PROPOSED ORDER] DISMISSING ACTION OF PLAINTIFF ALICIA GROGAN BROWN ONLY WITH PREJUDICE by City Of Oakland. (Fox, Gregory) (Filed on 6/10/2005) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

Case Details

State / Territory:

California

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 26, 2003

Closing Date: 2007

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Individuals who were present at a peaceful, nonviolent anti-war protest at the Port of Oakland on April 7, 2003.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City

City of Oakland

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Northern District of California 3:03-cv-02962

Northern District of California 3:03-cv-02961

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Unknown

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: More than $1,000,000

Issues

General/Misc.:

Aggressive behavior

Failure to supervise

Personal injury

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Policing:

Excessive force

Inadequate citizen complaint investigations and procedures

Recommended Citation