Case: Hoye v. City of Oakland

3:07-cv-06411 | U.S. District Court for the Northern District of California

Filed Date: Dec. 19, 2007

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On December 19, 2007, plaintiff, a minister who attempted to dissuade women seeking an abortion in front of an abortion facility, filed this lawsuit against the City of Oakland under 42 U.S.C. § 1983 in the United States District Court for the Northern District of California, San Jose Division. The plaintiff, represented by private counsel and the Life Legal Defense Foundation, asked the court for declaratory and injunctive relief as well as damages, claiming that the defendant's ordinance regu…

On December 19, 2007, plaintiff, a minister who attempted to dissuade women seeking an abortion in front of an abortion facility, filed this lawsuit against the City of Oakland under 42 U.S.C. § 1983 in the United States District Court for the Northern District of California, San Jose Division. The plaintiff, represented by private counsel and the Life Legal Defense Foundation, asked the court for declaratory and injunctive relief as well as damages, claiming that the defendant's ordinance regulating conduct in front of women's healthcare facilities is unconstitutional on its face and as applied to the plaintiff.

Specifically, the plaintiff claimed that the ordinance making it unlawful, within 100 feet of the entrance of a "reproductive health care facility," to "willfully and knowingly approach within eight feet of any person seeking to enter such a facility… without the consent of such person… for the purpose of counseling, harassing, or interfering with such person…" was not being enforced in an even-handed manner. Under the ordinance, the term "counseling" is defined as "engaging in conversation with, displaying signs to, and/or distributing literature." However, the plaintiff alleged that the City had a policy of not enforcing its ordinance against those individuals engaging in pro-choice speech outside of the women's healthcare facilities, while the City enforced the ordinance prohibiting counseling against those whose speech contained anti-abortion content.

On August 4, 2009, District Court Judge Charles Breyer granted summary judgment in favor of the City. In response to the plaintiff's facial challenge to the ordinance, the district court held that its language was nearly identical to the statute upheld by the Supreme Court in Hill v. Colorado. The district court wrote that "as in Hill, the Ordinance applies 'equally to all demonstrators, regardless of viewpoint, and the statutory language makes no reference to the content of the speech.' And, as in Hill, 'the State's interest[] in protecting access . . . [is] unrelated to the content of the demonstrators' speech.'" In response to the plaintiff's as applied challenge, the district court found that the defendant was not failing to enforce the ordinance by allowing escorts who facilitate access to the reproductive health facilities to approach patients seeking care while disallowing the plaintiff to approach the patients any closer than 8 feet. The district court wrote that, "escorts who approach women for the purpose of facilitating their access into a clinic are not approaching 'for the purpose of counseling, harassing, or interfering.'" Hoye v. City of Oakland, 642 F.Supp.2d 1029 (N.D. Cal. 2009). Plaintiff appealed.

On July 28, 2011, Judge Marsha Berzon of the United States Court of Appeals for the Ninth Circuit wrote for the court affirming in part and reversing in part the district court's decision. The circuit court agreed that the ordinance was constitutional on its face, but that the defendant was applying the ordinance in an unconstitutional manner. The circuit court found that the City's police department was enforcing the statute against "efforts to persuade women approaching reproductive health clinics not to receive abortions or other reproductive health services, and not to communications seeking to encourage entry into the clinic for the purpose of undergoing treatment." That is, the police department did not require the "escorts" to receive consent to speak to women seeking to enter the clinics, while it did require anti-abortion protestors to receive such consent. The circuit court remanded the case with instructions to grant plaintiff's motion for summary judgment in part and grant him relief consistent with the opinion. 653 F.3d 835 (9th Cir. 2011).

Following this ruling, the City issued new police training materials that were meant to educate officers as to the neutral application of the ordinance. On December 16, 2011 District Court Judge Breyer ruled that these training materials were adequate to grant the plaintiff relief consistent with the Ninth Circuit's opinion. The district court noted that if the police officers enforced the ordinance in a way that was inconsistent with the training materials, the plaintiff may revive his case. On May 31, 2012, plaintiff filed a motion for entry of judgment with proposed language for a three part order. Judge Breyer entered judgment on August 3, 2012, holding that: the City's policy of exempting speech facilitating access violated the First Amendment, that the City must enforce the ordinance in an evenhanded manner, and that the ordinance was constitutional on its face.

On October 1, 2012, Judge Breyer awarded plaintiff legal fees to the amount of $361,269.43. 2012 WL 4644307 (N.D. Cal. Oct. 1, 2012).

Summary Authors

Justin Benson (10/9/2011)

Richard Jolly (10/13/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4170883/parties/hoye-v-city-of-oakland/


Judge(s)

Berzon, Marsha Siegel (California)

Breyer, Charles R. (California)

Pollak, Louis Heilprin (Pennsylvania)

Reinhardt, Stephen Roy (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Lubin, Katherine Collinge (California)

Millen, Michael (California)

Short, Catherine Wynne (California)

Attorneys(s) for Defendant

Chin, Jennifer A. (California)

Geiger, Benjamin Cunningham (California)

Judge(s)

Berzon, Marsha Siegel (California)

Breyer, Charles R. (California)

Pollak, Louis Heilprin (Pennsylvania)

Reinhardt, Stephen Roy (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Lubin, Katherine Collinge (California)

Millen, Michael (California)

Short, Catherine Wynne (California)

Attorneys(s) for Defendant

Chin, Jennifer A. (California)

Geiger, Benjamin Cunningham (California)

Laden, Vicki A. (California)

Marriott, Sarah Christine (California)

Padilla, Angela L. (California)

Pers, Jessica Susan (California)

Reding, Erin H. (California)

Richardson, Greg James (California)

Russo, John A. (California)

Other Attorney(s)

Johnson, Cyrus Jacob (California)

Documents in the Clearinghouse

Document

3:07-cv-06411

Civil Docket

Oct. 1, 2012

Oct. 1, 2012

Docket
38

3:07-cv-06411

FIRST AMENDED COMPLAINT FOR CIVIL RIGHTS VIOLATION AND INJUNCTIVE AND DECLARATORY RELIEF

June 6, 2008

June 6, 2008

Complaint
44

3:07-cv-06411

Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss Plaintiff's First Amended Complaint

June 23, 2008

June 23, 2008

Pleading / Motion / Brief
46

3:07-cv-06411

Order Denying Plaintiffs' Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction

June 24, 2008

June 24, 2008

Order/Opinion
74

3:07-cv-06411

Second Amended Complaint for Civil Rights Violation and Injunctive and Declaratory Relief

Hoye v. City of Oakland

Feb. 4, 2009

Feb. 4, 2009

Complaint
152

3:06-cv-06411

Memorandum and Order

642 F.Supp.2d 1029

Aug. 4, 2009

Aug. 4, 2009

Order/Opinion
172

3:07-cv-06411

Order Denying Application for Injunction Pending Appeal

Sept. 30, 2009

Sept. 30, 2009

Order/Opinion

3:07-cv-06411

Opinion

U. S. Court of Appeals for the Ninth Circuit

653 F.3d 835

July 28, 2011

July 28, 2011

Order/Opinion
208

3:07-cv-06411

Order Re Training Materials

Dec. 16, 2011

Dec. 16, 2011

Order/Opinion
212-1

3:07-cv-06411

Judgment

Aug. 2, 2012

Aug. 2, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4170883/hoye-v-city-of-oakland/

Last updated Aug. 4, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Oakland ( Filing fee $ 350, receipt number 54611002273.) SUMMONS ISSUED. Filed byWalter B. Hoye, II. (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)

Dec. 19, 2007

Dec. 19, 2007

RECAP
2

MOTION for Temporary Restraining Order, MOTION for Order to Show Cause re preliminary injunction filed by Walter B. Hoye, II. (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)

Dec. 19, 2007

Dec. 19, 2007

RECAP
3

MEMORANDUM of points and authorities in Support re 2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause re preliminary injunction filed byWalter B. Hoye, II. (Related document(s) 2 ) (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)

Dec. 19, 2007

Dec. 19, 2007

RECAP
4

Declaration of Walter B. Hoye, II in Support of 2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause re preliminary injunction filed byWalter B. Hoye, II. (Related document(s) 2 ) (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)

Dec. 19, 2007

Dec. 19, 2007

RECAP
5

Request for Judicial Notice re 2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed byWalter B. Hoye, II. (Related document(s) 2 ) (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)

Dec. 19, 2007

Dec. 19, 2007

RECAP

Received Order re 2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause by Walter B. Hoye, II. (mcl, COURT STAFF)

Dec. 19, 2007

Dec. 19, 2007

PACER
6

CERTIFICATE OF SERVICE by Walter B. Hoye, II re 3 Memorandum in Support, 4 Declaration in Support, 2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause, 1 Complaint, 5 Request for Judicial Notice, Received Order (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)

Dec. 19, 2007

Dec. 19, 2007

RECAP
7

ADR SCHEDULING ORDER: Case Management Conference set for 3/28/2008 08:30 AM. Case Management Statement due by 3/21/2008. (Attachments: # 1 Order setting CMC, # 2 Standing Order, # 3 CM Standing Order for All Judges)(mcl, COURT STAFF) (Filed on 12/19/2007) (Entered: 12/21/2007)

1 Order setting CMC

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2 Standing Order

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3 CM Standing Order for All Judges

View on RECAP

Dec. 19, 2007

Dec. 19, 2007

RECAP

Summons Issued as to City of Oakland. (mcl, COURT STAFF)

Dec. 19, 2007

Dec. 19, 2007

PACER

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

Dec. 19, 2007

Dec. 19, 2007

PACER
8

Minute Entry: Telephonic Conference re TR - held on 12/20/2007 before Charles R. Breyer (Date Filed: 12/20/2007). Matter continued to 1/17/08 at 10:00 a.m. for Status Conference. (Court Reporter Belle Ball.) (fj, COURT STAFF) (Date Filed: 12/20/2007) (Entered: 12/26/2007)

Dec. 20, 2007

Dec. 20, 2007

RECAP

Set/Reset Hearings: Status Conference set for 1/17/2008 10:00 AM. (mcl, COURT STAFF)

Dec. 20, 2007

Dec. 20, 2007

PACER
9

CLERK'S NOTICE re: Failure to E-File and/or Failure to Register as an E-Filer. (mcl, COURT STAFF) (Filed on 1/10/2008) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

RECAP
10

Letter from Vicki Laden re status. (Laden, Vicki) (Filed on 1/16/2008) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

RECAP
11

Letter from Michael Millen re Status. (Millen, Michael) (Filed on 1/16/2008) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

RECAP
12

Minute Entry: Status Conference (Date Filed: 1/17/2008). (Court Reporter Lydia Zinn.) (be, COURT STAFF) (Date Filed: 1/17/2008) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

RECAP
13

ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 3/13/2008) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

RECAP
14

STIPULATION to Continue Case Management Conference Date and Suspend ADR Requirements; [Proposed] Order by City of Oakland. (Laden, Vicki) (Filed on 3/14/2008) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

RECAP
15

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Laden, Vicki) (Filed on 3/17/2008) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

RECAP
16

ORDER re 14 Stipulation filed by City of Oakland. Signed by Judge Charles R. Breyer on 3/17/08. (be, COURT STAFF) (Filed on 3/17/2008) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

RECAP

Set Deadlines/Hearings: Case Management Statement due by 5/9/2008. Initial Case Management Conference set for 5/16/2008 08:30 AM. (be, COURT STAFF) (Filed on 3/17/2008)

March 17, 2008

March 17, 2008

PACER
17

STIPULATION and Order to Continue CMC by Walter B. Hoye, II. (Millen, Michael) (Filed on 5/8/2008) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

RECAP
18

ORDER re 17 Stipulation filed by Walter B. Hoye, II Further Case Management Conference set for 8/22/2008 08:30 AM.. Signed by Judge Charles R. Breyer on 5/09/08. (be, COURT STAFF) (Filed on 5/9/2008) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

RECAP
19

MOTION for Temporary Restraining Order filed by Walter B. Hoye, II. (Attachments: # 1 Proposed Order Proposed Order)(Millen, Michael) (Filed on 5/22/2008) (Entered: 05/22/2008)

1 Proposed Order Proposed Order

View on RECAP

May 22, 2008

May 22, 2008

RECAP
20

Brief re 19 MOTION for Temporary Restraining Order - Memo of Ps & As filed byWalter B. Hoye, II. (Related document(s) 19 ) (Millen, Michael) (Filed on 5/22/2008) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

RECAP
21

Declaration of Walter B. Hoye, II in Support of 19 MOTION for Temporary Restraining Order filed byWalter B. Hoye, II. (Related document(s) 19 ) (Millen, Michael) (Filed on 5/22/2008) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

RECAP
22

Declaration of Michael Millen, Esq. in Support of 19 MOTION for Temporary Restraining Order filed byWalter B. Hoye, II. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 19 ) (Millen, Michael) (Filed on 5/22/2008) (Entered: 05/22/2008)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

May 22, 2008

May 22, 2008

RECAP
23

Request for Judicial Notice re 19 MOTION for Temporary Restraining Order filed byWalter B. Hoye, II. (Attachments: # 1 Exhibit A)(Related document(s) 19 ) (Millen, Michael) (Filed on 5/22/2008) (Entered: 05/22/2008)

1 Exhibit A

View on RECAP

May 22, 2008

May 22, 2008

RECAP
24

ORDER re telephone conference on Tuesday, May 27 at 2:30 p.m. Signed by Judge Susan Y. Illston for Judge Charles R. Breyer on 5/22/2008. (crblc1, COURT STAFF) (Filed on 5/22/2008) Modified on 5/23/2008 (mcl, COURT STAFF). (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

RECAP
25

Minute Entry: Motion Hearing held on 5/27/2008 before Charles R. Breyer (Date Filed: 5/27/2008) re 19 MOTION for Temporary Restraining Order filed by Walter B. Hoye, II. Telephonic Conference set for 5/30/2008 09:30 AM. (Court Reporter Lydia Zinn.) (be, COURT STAFF) (Date Filed: 5/27/2008) (Entered: 05/28/2008)

May 27, 2008

May 27, 2008

RECAP
26

Letter from Vicki Laden enclosing Training Bulletin. (Laden, Vicki) (Filed on 5/28/2008) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

RECAP
27

Brief re 19 MOTION for Temporary Restraining Order - Supplemental filed byWalter B. Hoye, II. (Related document(s) 19 ) (Millen, Michael) (Filed on 5/29/2008) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

RECAP
28

Request for Judicial Notice re 19 MOTION for Temporary Restraining Order - 2nd Request for Judicial Notice filed byWalter B. Hoye, II. (Attachments: # 1 Exhibit A)(Related document(s) 19 ) (Millen, Michael) (Filed on 5/29/2008) (Entered: 05/29/2008)

1 Exhibit A

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May 29, 2008

May 29, 2008

RECAP
29

ASSOCIATION of Counsel by City of Oakland. (Laden, Vicki) (Filed on 5/29/2008) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

RECAP
30

MEMORANDUM in Opposition re 19 MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed byCity of Oakland. (Related document(s) 19 ) (Marriott, Sarah) (Filed on 5/29/2008) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

RECAP
31

DECLARATION of Vicki Laden in Opposition to 19 MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed byCity of Oakland. (Attachments: # 1 Exhibit Exhibits 1-5)(Related document(s) 19 ) (Marriott, Sarah) (Filed on 5/29/2008) (Entered: 05/29/2008)

1 Exhibit Exhibits 1-5

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May 29, 2008

May 29, 2008

RECAP
33

Minute Entry: Motion Hearing held on 5/30/2008 before Charles R. Breyer (Date Filed: 5/30/2008) re 19 MOTION for Temporary Restraining Order filed by Walter B. Hoye, II, ***Motions terminated: 19 MOTION for Temporary Restraining Order filed by Walter B. Hoye, II.. (Court Reporter Sahar McVickar.) (be, COURT STAFF) (Date Filed: 5/30/2008) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

RECAP
34

Transcript of Proceedings held on 5/30/08, before Judge Charles R. Breyer. Court Reporter/Transcriber Sahar McVickar, Telephone number (415) 626-6060. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 8/28/2008. (McVickar, Sahar) (Filed on 6/2/2008) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

RECAP
35

MOTION to Dismiss Plaintiff's Complaint for Violation of Civil Rights filed by City of Oakland. Motion Hearing set for 7/11/2008 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Marriott, Sarah) (Filed on 6/5/2008) (Entered: 06/05/2008)

June 5, 2008

June 5, 2008

RECAP
36

Proposed Order re 35 MOTION to Dismiss Plaintiff's Complaint for Violation of Civil Rights by City of Oakland. (Marriott, Sarah) (Filed on 6/5/2008) (Entered: 06/05/2008)

June 5, 2008

June 5, 2008

RECAP
37

Brief re 35 MOTION to Dismiss Plaintiff's Complaint for Violation of Civil Rights Memorandum of Points and Authorities in Support of Motion to Dismiss filed byCity of Oakland. (Related document(s) 35 ) (Marriott, Sarah) (Filed on 6/5/2008) (Entered: 06/05/2008)

June 5, 2008

June 5, 2008

RECAP
38

AMENDED COMPLAINT - First against City of Oakland. Filed byWalter B. Hoye, II. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Millen, Michael) (Filed on 6/6/2008) (Entered: 06/06/2008)

1 Exhibit A

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2 Exhibit B

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June 6, 2008

June 6, 2008

RECAP
39

Ex Parte Application to Deem Motion to Dismiss Moot filed by Walter B. Hoye, II. (Attachments: # 1 Affidavit of Michael Millen, # 2 Proposed Order)(Millen, Michael) (Filed on 6/12/2008) (Entered: 06/12/2008)

1 Affidavit of Michael Millen

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2 Proposed Order

View on RECAP

June 12, 2008

June 12, 2008

RECAP
40

ORDER by Judge Charles R. Breyer dismissing 35 Motion to Dismiss; granting 39 Ex Parte Application. (crblc1, COURT STAFF) (Filed on 6/19/2008) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

RECAP
41

Letter from Angela Padilla to The Honorable Charles R. Breyer. (Marriott, Sarah) (Filed on 6/23/2008) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

RECAP
42

Proposed Order Denying 19 Plaintiff's Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction by City of Oakland. (Marriott, Sarah) (Filed on 6/23/2008) Modified on 6/24/2008 (mcl, COURT STAFF). (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

RECAP
43

MOTION to Dismiss Plaintiff's First Amended Complaint filed by City of Oakland. Motion Hearing set for 8/22/2008 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Marriott, Sarah) (Filed on 6/23/2008) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

RECAP
44

Brief /Memorandum of Points and Authorities in Support of 43 Defendant's Motion to Dismiss Plaintiff's First Amended Complaint filed byCity of Oakland. (Marriott, Sarah) (Filed on 6/23/2008) Modified on 6/24/2008 (mcl, COURT STAFF). (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

RECAP
45

Proposed Order Granting 43 Defendant City of Oakland's Motion to Dismiss Plaintiff's First Amended Complaint by City of Oakland. (Marriott, Sarah) (Filed on 6/23/2008) Modified on 6/24/2008 (mcl, COURT STAFF). (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

RECAP
46

ORDER DENYING re 19 MOTION for Temporary Restraining Order and ORDER TO SHOW CAUSE filed by Walter B. Hoye, II. Signed by Judge Charles R. Breyer on 6/2/408. (be, COURT STAFF) (Filed on 6/24/2008) (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

RECAP
47

NOTICE by City of Oakland re 43 Motion Corrected Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint (Marriott, Sarah) (Filed on 6/24/2008) Modified on 6/25/2008 (mcl, COURT STAFF). (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

RECAP
48

Memorandum in Opposition re 43 MOTION to Dismiss Plaintiff's First Amended Complaint filed byWalter B. Hoye, II. (Millen, Michael) (Filed on 8/1/2008) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

RECAP
49

CLERK'S NOTICE Advancing Motion Hearing Motion to Dismiss Hearing reset for 8/21/2008 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (be, COURT STAFF) (Filed on 8/7/2008) (Entered: 08/07/2008)

Aug. 7, 2008

Aug. 7, 2008

RECAP
50

STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE by City of Oakland. (Marriott, Sarah) (Filed on 8/7/2008) (Entered: 08/07/2008)

Aug. 7, 2008

Aug. 7, 2008

RECAP
51

ORDER re 50 Stipulation filed by City of Oakland, Set/Reset Deadlines as to 50 Stipulation, 43 MOTION to Dismiss Plaintiff's First Amended Complaint. Motion Hearing set for 8/29/2008 10:00 AM. Further Case Management Conference set for 8/29/2008 10:00 AM.. Signed by Judge Charles R. Breyer on 8/8/08. (be, COURT STAFF) (Filed on 8/11/2008) (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

RECAP
52

REPLY in Support OF 43 DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT filed by City of Oakland. (Marriott, Sarah) (Filed on 8/13/2008) Modified on 8/14/2008 (far, COURT STAFF). (Entered: 08/13/2008)

Aug. 13, 2008

Aug. 13, 2008

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53

JOINT CASE MANAGEMENT STATEMENT filed by Walter B. Hoye, II. (Millen, Michael) (Filed on 8/22/2008) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

RECAP
54

Minute Entry: Further Case Management Conference held on 8/29/2008 before Charles R. Breyer (Date Filed: 8/29/2008), Motion Hearing held on 8/29/2008 before Charles R. Breyer (Date Filed: 8/29/2008), ***Motions terminated: 43 MOTION to Dismiss Plaintiff's First Amended Complaint filed by City of Oakland.. Motion for Summary Judgment due by 1/30/2009. Motion Hearing set for 3/6/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Court Reporter Kathy Sullivan.) (be, COURT STAFF) (Date Filed: 8/29/2008) (Entered: 08/29/2008)

Aug. 29, 2008

Aug. 29, 2008

RECAP
55

AMENDED Minute Entry: 54 Further Case Management Conference held on 8/29/2008 before Charles R. Breyer (Date Filed: 8/29/2008), Motion Hearing held on 8/29/2008 before Charles R. Breyer (Date Filed: 8/29/2008), ***Motions terminated: 43 MOTION to Dismiss Plaintiff's First Amended Complaint filed by City of Oakland.. Motion for Summary Judgment due by 1/30/2009. Motion Hearing set for 3/6/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Court Reporter Kathy Sullivan.) (Entered: 08/29/2008)

Aug. 29, 2008

Aug. 29, 2008

RECAP
56

Transcript of Proceedings held on August 29, 2008, before Judge Charles R. Breyer. Court Reporter/Transcriber Katherine Powell Sullivan, CSR, RPR, CRR, Telephone number 415-794-6659. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 2/9/2009. (Sullivan, Katherine) (Filed on 11/13/2008) (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

PACER
57

MOTION to Compel Further Responses to Rq for Admissions filed by Walter B. Hoye, II. Motion Hearing set for 12/19/2008 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Millen, Michael) (Filed on 11/14/2008) (Entered: 11/14/2008)

1 Proposed Order

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Nov. 14, 2008

Nov. 14, 2008

PACER
58

Brief re 57 MOTION to Compel Further Responses to Rq for Admissions filed byWalter B. Hoye, II. (Attachments: # 1 L.R 37-2 Summary of Responses)(Related document(s) 57 ) (Millen, Michael) (Filed on 11/14/2008) (Entered: 11/14/2008)

1 L.R 37-2 Summary of Responses

View on PACER

Nov. 14, 2008

Nov. 14, 2008

PACER
59

Declaration of Michael Millen, Esq. in Support of 57 MOTION to Compel Further Responses to Rq for Admissions filed byWalter B. Hoye, II. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 57 ) (Millen, Michael) (Filed on 11/14/2008) (Entered: 11/14/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Nov. 14, 2008

Nov. 14, 2008

PACER
60

ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Charles R. Breyer on 11/17/08. (be, COURT STAFF) (Filed on 11/17/2008) (Entered: 11/17/2008)

Nov. 17, 2008

Nov. 17, 2008

PACER

CASE REFERRED to Magistrate Judge Magistrate Judge Joseph C. Spero for Discovery (wh, COURT STAFF) (Filed on 11/17/2008)

Nov. 17, 2008

Nov. 17, 2008

PACER
61

Brief IN OPPOSITION TO 58 PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSIONS filed byCity of Oakland. (Marriott, Sarah) (Filed on 11/26/2008) Modified on 12/1/2008 (mcl, COURT STAFF). (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

PACER
62

Declaration of ANGELA L. PADILLA IN SUPPORT OF 61 DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSION filed byCity of Oakland. (Marriott, Sarah) (Filed on 11/26/2008) Modified on 12/1/2008 (mcl, COURT STAFF). (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

PACER
63

Declaration of SARAH C. MARRIOTT IN SUPPORT OF 61 DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQEUSTS FOR ADMISSION filed byCity of Oakland. (Attachments: # 1 Exhibit EXHIBITS 1-3)(Marriott, Sarah) (Filed on 11/26/2008) Modified on 12/1/2008 (mcl, COURT STAFF). (Entered: 11/26/2008)

1 Exhibit EXHIBITS 1-3

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Nov. 26, 2008

Nov. 26, 2008

PACER
64

NOTICE OF REFERENCE; ORDER DENYING 57 Pla's Motion to Compel Further Responses to Requests for Admissions; ORDER TO MEET AND CONFER AND FILE JOINT LETTER. Parties shall meet and coner, in person, regarding the subject matter of the Motions and file a Joint Letter to the Court. (klh, COURT STAFF) (Filed on 12/1/2008) (Entered: 12/01/2008)

Dec. 1, 2008

Dec. 1, 2008

PACER
65

DEFENDANT CITY OF OAKLAND'S ANSWER to 38 Amended Complaint BY PLAINTIFF byCity of Oakland. (Marriott, Sarah) (Filed on 12/30/2008) Modified on 12/31/2008 (mcl, COURT STAFF). (Entered: 12/30/2008)

Dec. 30, 2008

Dec. 30, 2008

PACER
66

STIPULATION to Continue Summary Judgment Date by Walter B. Hoye, II. (Attachments: # 1 Proposed Order)(Millen, Michael) (Filed on 12/31/2008) (Entered: 12/31/2008)

1 Proposed Order

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Dec. 31, 2008

Dec. 31, 2008

PACER
67

ORDER to continue motion proceedings re 66 Stipulation filed by Walter B. Hoye, II, Set/Reset Deadlines as to 66 Stipulation. Motions due by 3/6/2009.. Signed by Judge Charles R. Breyer on 1/06/09. (be, COURT STAFF) (Filed on 1/8/2009) (Entered: 01/08/2009)

Jan. 8, 2009

Jan. 8, 2009

RECAP
68

STIPULATION and [Proposed] Order Regarding Case Schedule by City of Oakland. (Marriott, Sarah) (Filed on 2/20/2009) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

PACER
69

STIPULATION and [Proposed] Order Regarding Case Schedule by City of Oakland. (Marriott, Sarah) (Filed on 2/24/2009) (Entered: 02/24/2009)

Feb. 24, 2009

Feb. 24, 2009

PACER
70

ORDER regarding case schedule re 69 Stipulation filed by City of Oakland Motions due by 5/1/2009. Motion Hearing set for 6/5/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 2/26/09. (be, COURT STAFF) (Filed on 2/26/2009) (Entered: 02/26/2009)

Feb. 26, 2009

Feb. 26, 2009

RECAP
71

STIPULATION to file Second Amended Complaint by Walter B. Hoye, II. (Attachments: # 1 Exhibit A - Second Amended Complaint, # 2 Exhibit B - Second Amended Complaint - Ex A, # 3 Exhibit C - Second Amended Complaint - Ex B, # 4 Proposed Order)(Millen, Michael) (Filed on 4/6/2009) (Entered: 04/06/2009)

1 Exhibit A - Second Amended Complaint

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2 Exhibit B - Second Amended Complaint - Ex A

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3 Exhibit C - Second Amended Complaint - Ex B

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4 Proposed Order

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April 6, 2009

April 6, 2009

PACER
72

ORDER allowing filing of second amended complaint re 71 Stipulation, filed by Walter B. Hoye, II. Signed by Judge Charles R. Breyer on 4/7/09. (be, COURT STAFF) (Filed on 4/7/2009) (Entered: 04/07/2009)

April 7, 2009

April 7, 2009

RECAP
73

First MOTION to Relate Case 09-1472 SBA filed by Virginia Hitchcock. (Johnson, Cyrus) (Filed on 4/7/2009) (Entered: 04/07/2009)

April 7, 2009

April 7, 2009

PACER
74

SECOND AMENDED COMPLAINT Second against all defendants. Filed byWalter B. Hoye, II. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Millen, Michael) (Filed on 4/7/2009) Modified on 4/8/2009 (mcl, COURT STAFF). (Entered: 04/07/2009)

1 Exhibit A

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2 Exhibit B

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April 7, 2009

April 7, 2009

PACER
75

Ex Parte Application for Administrative, MOTION for Leave to File Excess Pages filed by Walter B. Hoye, II. (Attachments: # 1 Declaration of Michael Millen, Esq., # 2 Proposed Order)(Millen, Michael) (Filed on 4/22/2009) (Entered: 04/22/2009)

1 Declaration of Michael Millen, Esq.

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2 Proposed Order

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April 22, 2009

April 22, 2009

PACER
76

ORDER by Judge Charles R. Breyer granting 75 Ex Parte Application ; granting 75 Motion for Leave to File Excess Pages (be, COURT STAFF) (Filed on 4/24/2009) (Entered: 04/24/2009)

April 24, 2009

April 24, 2009

PACER
77

ORDER by Judge Charles R. Breyer granting 73 Motion to Relate Case C-09-1472SBA to C-07-6411CRB. (be, COURT STAFF) (Filed on 4/30/2009) (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

PACER
78

MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed by City of Oakland. Motion Hearing set for 6/5/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
79

Declaration of ERIN H. REDING in Support of 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Attachments: # 1 Affidavit Part 2 of 2)(Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

1 Affidavit Part 2 of 2

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May 1, 2009

May 1, 2009

PACER
80

Declaration of MOHAMMED ALI in Support of 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
81

Declaration of JACKIE BARBIC in Support of 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Attachments: # 1 Affidavit (PART 2 OF 2))(Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

1 Affidavit (PART 2 OF 2)

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May 1, 2009

May 1, 2009

PACER
82

Declaration of LINCI COMY in Support of 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
83

Declaration of BARBARA HOKE in Support of 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
84

Declaration of VICKI LADEN in Support of 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
85

Declaration of NANCY NADEL in Support of 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
86

Declaration of LAUREN QUAN in Support of 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
87

Declaration of NATALIE TERRY in Support of 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
88

Declaration of TAMMY COLE in Support of 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
89

Request for Judicial Notice re 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
90

Appendix re 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity of Oakland. (Attachments: # 1 Exhibit 1 (Part 1 of 3), # 2 Exhibit 1 (Part 2 of 3), # 3 Exhibit 1 (Part 3 of 3), # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5)(Related document(s) 78 ) (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

1 Exhibit 1 (Part 1 of 3)

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2 Exhibit 1 (Part 2 of 3)

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3 Exhibit 1 (Part 3 of 3)

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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May 1, 2009

May 1, 2009

PACER
91

Proposed Order re 78 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES by City of Oakland. (Padilla, Angela) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
92

MOTION for Summary Judgment or, in the alternative, Summary Adjudication filed by Walter B. Hoye, II. Motion Hearing set for 6/5/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: # 1 Memo of Points & Authorities, # 2 Proposed Order)(Millen, Michael) (Filed on 5/1/2009) (Entered: 05/01/2009)

1 Memo of Points & Authorities

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2 Proposed Order

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May 1, 2009

May 1, 2009

PACER
93

Declaration of Michael Millen, Esq. in Support of 92 MOTION for Summary Judgment or, in the alternative, Summary Adjudication filed byWalter B. Hoye, II. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Related document(s) 92 ) (Millen, Michael) (Filed on 5/1/2009) (Entered: 05/01/2009)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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May 1, 2009

May 1, 2009

PACER
94

Declaration of Walter B. Hoye, II in Support of 92 MOTION for Summary Judgment or, in the alternative, Summary Adjudication filed byWalter B. Hoye, II. (Related document(s) 92 ) (Millen, Michael) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
95

Declaration of Virginia Hitchcock in Support of 92 MOTION for Summary Judgment or, in the alternative, Summary Adjudication filed byWalter B. Hoye, II. (Related document(s) 92 ) (Millen, Michael) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER

Case Details

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 19, 2007

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A minister who attempts to persuade women seeking an abortion in front of an abortion facility

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Oakland (Oakland), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $361,269

Order Duration: 2012 - 0

Content of Injunction:

Develop anti-discrimination policy

Issues

General:

Abortion

Counseling

Sidewalks