Case: Baker v. Katehi

2:12-cv-00450 | U.S. District Court for the Eastern District of California

Filed Date: Feb. 22, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On February 22, 2012, twenty-one university students and recent graduates filed a putative class action complaint in the U.S. District Court for the Eastern District of California against the Regents of the University of California (the Chancellor was Katehi, hence the case caption) and against members of the campus police. The plaintiffs, represented by the American Civil Liberties Union of Northern California and private counsel, asked the court for injunctive relief; declaratory relief; com…

On February 22, 2012, twenty-one university students and recent graduates filed a putative class action complaint in the U.S. District Court for the Eastern District of California against the Regents of the University of California (the Chancellor was Katehi, hence the case caption) and against members of the campus police. The plaintiffs, represented by the American Civil Liberties Union of Northern California and private counsel, asked the court for injunctive relief; declaratory relief; compensatory, punitive, exemplary, and statutory damages; and attorney's fees. They alleged a violation of the First Amendment (freedom of speech and assembly), the Fourth Amendment (unreasonable search and seizure), and the Fourteenth Amendment (taking property without due process of law). Plaintiffs also alleged violations of corresponding provisions of the California Constitution, and also of § 836(a) of the California Penal Code (false arrest/imprisonment); § 52.1 of the California Civil Code; and § 845.6 of the California Government Code (failure to provide medical care to the protesters).

The events giving rise to the lawsuit occurred on November 18, 2011. University of California at Davis students in the campus quad engaged in a nonviolent protest against university privatization, distribution of resources, tuition hikes, police brutality, and other policies adopted by the University administration and the Board of Regents. The students set up tents and met to "occupy the quad" (modeled after the "Occupy Wallstreet" movement). On the afternoon of November 18, the police chief delivered a letter from the Chancellor directing students to remove the tents, but they decided to continue their protest. Campus police then allegedly arrested students without probable cause and shot high-concentration pepper spray directly into their faces. These actions were recorded on video and circulated nationally. Nineteen of the plaintiffs were university students at the time of the incident and two were recent graduates.

On March 14, 2012, the Court approved an extension of time so that the parties could explore settlement. On August 15 and 16, 2012, the parties engaged in mediation (before the Ret. Hon. Raul Ramirez) and reached an agreement. They filed this settlement with the Court on September 26, 2012. The defendants agreed to pay $630,000 to the plaintiffs ($30,000 per named plaintiff). Defendants also agreed to pay $20,000 to each additional class member whose claim was approved, with the total damages for the class members capped at $100,000. Defendants also agreed that for two years they would provide the ACLU attorneys with an opportunity to review, comment, and provide input on the Davis campus' written policies about the use of force by police, the handling of student demonstrations, and crowd control (and would pay attorneys' fees for their time). The Chancellor also agreed to give a personal, written apology to each of the plaintiffs and to any class members who submit an approved claim form. Further, the settlement stated that a student affairs representative would provide academic assistance and counseling to any plaintiffs and class members who need such assistance as a result of the incident. The settlement also included $250,000 in attorneys' fees and costs.

The proposed settlement defined the class as: "All persons who were arrested or directly sprayed with pepper spray by police officers working for or on the behalf of the University of California, Davis Police Department on November 18,2011, on the area known as "the Quad," on the University of California, Davis campus."

On September 27, 2012, the Court (Judge John A. Mendez) granted preliminary approval of the parties' proposed settlement, certified the settlement class, approved class notice, and scheduled the final approval hearing.

On January 9, 2013, the Court (Judge Mendez) approved the settlement.

There has been no further litigation and the case is now closed.

Summary Authors

Emily Goldman (3/2/2012)

Averyn Lee (3/10/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4160660/parties/baker-v-katehi/


Judge(s)

Brennan, Edmund F. (California)

Mendez, John A. (California)

Attorneys(s) for Plaintiff

Coleman, Novella (California)

DeMartini, Lauren B (California)

Lye, Linda (California)

Merin, Mark E. (California)

Risher , Michael Temple (California)

Schlosser, Alan Lawrence (California)

Wallis, Meredith (California)

Attorneys(s) for Defendant

Bakhit, John H. (California)

Judge(s)

Brennan, Edmund F. (California)

Mendez, John A. (California)

Attorneys(s) for Plaintiff

Coleman, Novella (California)

DeMartini, Lauren B (California)

Lye, Linda (California)

Merin, Mark E. (California)

Risher , Michael Temple (California)

Schlosser, Alan Lawrence (California)

Wallis, Meredith (California)

Attorneys(s) for Defendant

Bakhit, John H. (California)

Cassidy, Terence J (California)

Cockrell, Lina Balciunas (California)

Gaspard, Christopher Lee (California)

Jasmine, Jason H. (California)

McGill, Michael A (California)

Mola, Katherine L.M. (California)

O'Brien, Kevin P. (California)

Perry, Russel Marc (California)

Rode, Suzanne E. (California)

Sharp, Daniel Joseph (California)

Sheehan, Nancy Joan (California)

Documents in the Clearinghouse

Document

2:12-cv-00450

Docket Sheet

Baker, et al v. Katehi, et al

Aug. 8, 2014

Aug. 8, 2014

Docket
1

2:12-cv-00450

Complaint for Damages for Violation of CIvil Rights with Supplemental Claims for Violation of the California State Constitution and Statutes Jury Trial Demanded

Feb. 22, 2012

Feb. 22, 2012

Complaint
44

2:12-cv-00450

Second Amended Class Action Complaint for Damages for Violation of Civil Rights with Supplemental Claims for Violation of the California State Constitution and Statutes

Baker v. Regents of the University of California

Sept. 26, 2012

Sept. 26, 2012

Complaint
40-1

2:12-cv-00450

Stipulation for Settlement

Sept. 26, 2012

Sept. 26, 2012

Settlement Agreement
45

2:12-cv-00450

Order Granting Preliminary Approval of the Proposed Settlement, Certifying the Settlement Class, Approving Class Notice, and Scheduling Final Approval Hearing

Baker v. Regents of the University of California

Sept. 27, 2012

Sept. 27, 2012

Order/Opinion
48

2:12-cv-00450

Supplemental Order Granting Preliminary Approval of Proposed Settlement, Certifying the Settlement Class, Approving Class Notice and Scheduling Final Approval Hearing

Baker v. Regents of the University of California

Oct. 2, 2012

Oct. 2, 2012

Order/Opinion
54

2:12-cv-00450

Final Order and Judgment

Baker v. Regents of the University of California

Jan. 9, 2013

Jan. 9, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4160660/baker-v-katehi/

Last updated Aug. 29, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants by plaintiffs; DEMAND for Jury Trial.(Merin, Mark) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
2

CIVIL COVER SHEET by plaintiffs (Merin, Mark) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER

RECEIPT number # CAE200042410 $350.00 fbo plaintiffs E. Baker, D. Buscho, et al by Mark Merin on 2/22/2012. (Marciel, M)

Feb. 22, 2012

Feb. 22, 2012

PACER
4

SUMMONS ISSUED as to *Ralph J. Hexter, Linda Katehi, John Meyer, John Pike, Annette Spicuzza, Fred Wood* with answer to complaint due within *21* days. Attorney *Mark E. Merin* *Law Offices of Mark E. Merin* *1010 F Street, Suite 300* *Sacramento, CA 95814*. (Marciel, M) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
5

CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: # 1 Consent Form, # 2 Order re Page Limits, # 3 VDRP Form) (Marciel, M) (Entered: 02/22/2012)

1 Consent Form

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2 Order re Page Limits

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3 VDRP Form

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Feb. 22, 2012

Feb. 22, 2012

PACER
6

SUMMONS RETURNED EXECUTED: Linda Katehi served on 2/24/2012, answer due 3/16/2012. (Merin, Mark) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
7

SUMMONS RETURNED EXECUTED: Ralph J. Hexter served on 2/24/2012, answer due 3/16/2012. (Merin, Mark) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
8

SUMMONS RETURNED EXECUTED: Fred Wood served on 2/24/2012, answer due 3/16/2012. (Merin, Mark) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
9

SUMMONS RETURNED EXECUTED: John Meyer served on 2/24/2012, answer due 3/16/2012. (Merin, Mark) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
10

STIPULATION and PROPOSED ORDER for EXTENSION OF TIME TO RESPOND TO THE COMPLAINT AND OTHER DATES by Ralph J. Hexter, Linda Katehi, John Meyer, Fred Wood. Attorney Sharp, J. Daniel added. (Sharp, J.) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
11

[DISREGARD - See 12 ] CERTIFICATE of SERVICE by Ralph J. Hexter, Linda Katehi, John Meyer, Fred Wood re 10 Stipulation and Proposed Order. (Sharp, J.) Modified docket text on 3/15/2012 (Waggoner, D). (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
12

CERTIFICATE of SERVICE by Ralph J. Hexter, Linda Katehi, John Meyer, Fred Wood re 10 Stipulation and Proposed Order. (Sharp, J.) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
13

STIPULATION and ORDER signed by Judge John A. Mendez on 3/14/12 ORDERING that the time period for Defendants to answer or otherwise to respond to the complaint is enlarged by a period of up to 90 days. This stipulation may be extended by order of the Court upon the further stipulation of the parties hereto, subject to such terms and conditions as the Court may impose.(Mena-Sanchez, L) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

RECAP
14

SUMMONS RETURNED EXECUTED: John Pike served on 3/12/2012, answer due 4/2/2012. (Merin, Mark) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
15

SUMMONS RETURNED EXECUTED: Annette Spicuzza served on 4/10/2012, answer due 5/1/2012. (Merin, Mark) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
16

ASSOCIATION of ATTORNEY: Added attorney Nancy Joan Sheehan for Ralph J. Hexter,Nancy Joan Sheehan for Linda Katehi,Nancy Joan Sheehan for John Meyer,Nancy Joan Sheehan for Fred Wood. (Sheehan, Nancy) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
17

ASSOCIATION of ATTORNEY: Added attorney Katherine L.M. Mola for Ralph J. Hexter,Katherine L.M. Mola for Linda Katehi,Katherine L.M. Mola for John Meyer,Katherine L.M. Mola for Fred Wood. (Mola, Katherine) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
18

ASSOCIATION of ATTORNEY: Added attorney Terence John Cassidy for Ralph J. Hexter,Terence John Cassidy for Linda Katehi,Terence John Cassidy for John Meyer,Terence John Cassidy for Fred Wood. (Cassidy, Terence) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
19

NOTICE of APPEARANCE by Jason H. Jasmine on behalf of Annette Spicuzza. Attorney Jasmine, Jason H. added. (Jasmine, Jason) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
20

JOINT STATUS REPORT by Enosh Baker, David Buscho, Sarena Grossjan-Navarro, Deanna Johnson, Sophia Kamran, Elizabeth Lara, Ian Lee, Soo Lee, Evan Loker, Thomas Matzat, Darren Newell, Charles Parker, William Roberts, Fatima Sbeih, Evka Whaley-Mayda, Kase Wheatley, Edward Wildanger, Noah Wiley, Jordan Wilheim. (Merin, Mark) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
21

ASSOCIATION of ATTORNEY: Added attorney Russell Marc Perry for John Pike. (Perry, Russell) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
22

ASSOCIATION of ATTORNEY: Added attorney Michael Andrew McGill for John Pike. (Perry, Russell) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
23

ASSOCIATION of ATTORNEY: Added attorney John H. Bakhit for John Pike. (Perry, Russell) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
24

ASSOCIATION of ATTORNEY: Added attorney Christopher Lee Gaspard for John Pike. (Perry, Russell) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
25

NOTICE of APPEARANCE by Michael Temple Risher on behalf of all plaintiffs. Attorney Risher, Michael Temple added. (Risher, Michael) Modified on 6/15/2012 (Kastilahn, A). (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
26

ASSOCIATION of ATTORNEY: Added attorney Linda Lye for all plaintiffs. (Lye, Linda) Modified on 6/15/2012 (Kastilahn, A). (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
27

NOTICE of Association of Counsel by Annette Spicuzza. Attorney Cockrell, Lina Balciunas added. (Cockrell, Lina) Modified on 5/23/2012 (Marciel, M) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
28

STIPULATED JOINT PROPOSED PROTECTIVE ORDER by Ralph J. Hexter, Linda Katehi, John Meyer, Fred Wood. (Sharp, J.) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

PACER
29

STIPULATED JOINT PROTECTIVE ORDER signed by Judge John A. Mendez on 6/11/12. (Kaminski, H) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

RECAP
30

STIPULATION and PROPOSED ORDER for Further Extension to Respond to Complaint by Ralph J. Hexter, Linda Katehi, John Meyer, Fred Wood. (Sheehan, Nancy) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

PACER
31

STIPULATION and ORDER signed by Judge John A. Mendez on 6/13/2012 ORDERING that the time period for Defendants to answer or otherwise respond to the Complaint is further ENLARGED until 9/12/2012. No later than seven court days after completion of the final session of the mediation, the parties will submit a joint status report apprising the Court of their progress, including whether or not an agreement on resolution has been reached. The foregoing extension of time and all other terms of this stipulation may be revoked upon ten days notice by any of the parties. Such notice of revocation shall be filed with the Court and served on all parties as provided by the Federal Rules of Civil Procedure. This stipulation may be further extended by order of the Court upon further stipulation of the parties, subject to any terms and conditions as the Court may impose. (Zignago, K.) (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

RECAP
32

FIRST AMENDED COMPLAINT against All Defendants by Noah Wiley, Edward Wildanger, Elizabeth Lara, Darren Newell, Deanna Johnson, Evan Loker, Enosh Baker, Charles Parker, Ian Lee, Evka Whaley-Mayda, William Roberts, Fatima Sbeih, David Buscho, Sophia Kamran, Soo Lee, Jordan Wilheim, Thomas Matzat, Kase Wheatley, Sarena Grossjan-Navarro, Alyson Cook, Adam Fetterman.(Merin, Mark) Modified on 7/23/2012 (Manzer, C). (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
33

SUMMONS ISSUED as to *Alexander Lee, Barry Swartwood* with answer to complaint due within *21* days. Attorney *Mark E. Merin* *1010 F Street* *Suite 300* *Sacramento, Ca 95814*. (Manzer, C) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
34

MINUTE ORDER: GOOD CAUSE APPEARING, the parties joint status report shall be filed on or before August 30, 2012. (TEXT ENTRY ONLY) (Vine, H) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
35

JOINT STATUS REPORT by Enosh Baker, David Buscho, Alyson Cook, Adam Fetterman, Sarena Grossjan-Navarro, Deanna Johnson, Sophia Kamran, Elizabeth Lara, Ian Lee, Soo Lee, Evan Loker, Thomas Matzat, Darren Newell, Charles Parker, William Roberts, Fatima Sbeih, Evka Whaley-Mayda, Kase Wheatley, Edward Wildanger, Noah Wiley, Jordan Wilheim. (Merin, Mark) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
36

MINUTE ORDER: GOOD CAUSE APPEARING, the parties joint status report shall be filed on or before November 30, 2012. (TEXT ENTRY ONLY) (Vine, H) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
37

NOTICE OF ASSOCIATION OF COUNSEL by Alexander Lee. Adding attorney Russell M. Perry. Attorney McGill, Michael Andrew added. (McGill, Michael) Modified on 8/28/2012 (Benson, A.). (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
38

NOTICE OF ASSOCIATION OF COUNSEL by Barry Swartwood. Adding attorney Russell M. Perry. Attorney McGill, Michael Andrew added. (McGill, Michael) Modified on 8/28/2012 (Benson, A.). (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
39

STIPULATION and PROPOSED ORDER for Filing of Second Amended Complaint by Enosh Baker, David Buscho, Alyson Cook, Adam Fetterman, Sarena Grossjan-Navarro, Deanna Johnson, Sophia Kamran, Elizabeth Lara, Ian Lee, Soo Lee, Evan Loker, Thomas Matzat, Darren Newell, Charles Parker, William Roberts, Fatima Sbeih, Evka Whaley-Mayda, Kase Wheatley, Edward Wildanger, Noah Wiley, Jordan Wilheim. (Attachments: # 1 Exhibit A)(Merin, Mark) (Entered: 09/26/2012)

1 Exhibit A

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Sept. 26, 2012

Sept. 26, 2012

PACER
40

APPLICATION for Preliminary Approval of Settlement by Enosh Baker, David Buscho, Alyson Cook, Adam Fetterman, Sarena Grossjan-Navarro, Deanna Johnson, Sophia Kamran, Elizabeth Lara, Ian Lee, Soo Lee, Evan Loker, Thomas Matzat, Darren Newell, Charles Parker, William Roberts, Fatima Sbeih, Evka Whaley-Mayda, Kase Wheatley, Edward Wildanger, Noah Wiley, Jordan Wilheim. (Attachments: # 1 Exhibit Stipulation for Settlement, # 2 Exhibit A to Stipulation (Claim Form), # 3 Exhibit B to Stipulation (Notice), # 4 Exhibit C to Stipulation (Publication Notice), # 5 Exhibit D to Stipulation ([Proposed] Final Order & Judgment), # 6 Exhibit E to Stipulation ([Proposed] Order Granting Preliminary Approval))(Merin, Mark) (Entered: 09/26/2012)

1 Exhibit Stipulation for Settlement

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2 Exhibit A to Stipulation (Claim Form)

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3 Exhibit B to Stipulation (Notice)

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4 Exhibit C to Stipulation (Publication Notice)

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5 Exhibit D to Stipulation ([Proposed] Final Order & Judgment)

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6 Exhibit E to Stipulation ([Proposed] Order Granting Preliminary Approval)

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Sept. 26, 2012

Sept. 26, 2012

PACER
41

NOTICE OF ERRATA by all plaintiffs to 39 Stipulation and Proposed Order,. (Merin, Mark) Modified on 9/28/2012 (Matson, R). (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

PACER
42

NOTICE OF ERRATA by all plaintiffs re 40 Application. (Merin, Mark) Modified on 9/28/2012 (Matson, R). (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

PACER
43

STIPULATION and ORDER 39 signed by Judge John A. Mendez on 9/27/12 allowing filing of Second Amended Complaint.(Matson, R) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

RECAP
44

SECOND AMENDED COMPLAINT against All Defendants (Matson, R) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

PACER
45

ORDER signed by Judge John A. Mendez on 9/27/12 GRANTING 40 Application for an Order granting preliminary approval of settlement, certifying the settlement class, approving class notice and scheduling final approval hearing. Final Approval hearing set for 1/9/2013 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Matson, R) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

RECAP
46

MINUTE ORDER: The Courts order of September 27, 2012 (#45 on the docket) is modified at paragraphs 8 and 9 to change the November 12, 2012 filing date to November 13, 2012. (TEXT ENTRY ONLY) (Vine, H) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

PACER
47

PROPOSED ORDER re Granting Preliminary Approval of Settlement by Ralph J. Hexter, Linda Katehi, John Meyer, Fred Wood. (Sheehan, Nancy) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
48

SUPPLEMENTAL ORDER GRANTING preliminary approval of settlement, certifying the settlement class, approving class notice and scheduling final approval hearing signed by Judge John A. Mendez on 10/3/12: Final Approval Hearing set for 1/9/2013 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

RECAP
49

ASSOCIATION of ATTORNEY: (DeMartini, Lauren) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
50

STIPULATION and PROPOSED ORDER for Final Order and Judgment by Ralph J. Hexter, Linda Katehi, John Meyer, Fred Wood. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Sheehan, Nancy) (Entered: 12/21/2012)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Proposed Order

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Dec. 21, 2012

Dec. 21, 2012

PACER
51

MOTION for ATTORNEY FEES by Enosh Baker, David Buscho, Alyson Cook, Adam Fetterman, Sarena Grossjan-Navarro, Deanna Johnson, Sophia Kamran, Elizabeth Lara, Ian Lee, Soo Lee, Evan Loker, Thomas Matzat, Darren Newell, Charles Parker, William Roberts, Fatima Sbeih, Evka Whaley-Mayda, Kase Wheatley, Edward Wildanger, Noah Wiley, Jordan Wilheim. Motion Hearing set for 1/9/2013 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Attachments: # 1 Declaration of Mark E. Merin, # 2 Exhibit A to Merin Declaration, # 3 Exhibit B to Merin Declaration, # 4 Declaration of Alan Schlosser, # 5 Exhibit A to Schlosser Declaration, # 6 Exhibit B to Schlosser Declaration, # 7 Exhibit C to Schlosser Declaration, # 8 Exhibit D to Schlosser Declaration, # 9 Exhibit E to Schlosser Declaration, # 10 Exhibit F to Schlosser Declaration, # 11 Declaration of Meredith Wallis, # 12 Exhibit A to Wallis Declaration)(Merin, Mark) (Entered: 12/21/2012)

1 Declaration of Mark E. Merin

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2 Exhibit A to Merin Declaration

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3 Exhibit B to Merin Declaration

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4 Declaration of Alan Schlosser

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5 Exhibit A to Schlosser Declaration

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6 Exhibit B to Schlosser Declaration

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7 Exhibit C to Schlosser Declaration

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8 Exhibit D to Schlosser Declaration

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9 Exhibit E to Schlosser Declaration

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10 Exhibit F to Schlosser Declaration

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11 Declaration of Meredith Wallis

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12 Exhibit A to Wallis Declaration

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Dec. 21, 2012

Dec. 21, 2012

PACER
52

AMENDED DOCUMENT Re: Motion for Attorney Fees. re 51 filing of omitted signature page by Plaintiffs. (Risher, Michael) Modified on 12/28/2012 (Reader, L). (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
53

MINUTES (Text Only) for proceedings held before Judge John A. Mendez: MOTION HEARING held on 1/9/2013 ; Motions terminated: 51 MOTION for ATTORNEY FEES filed by Fatima Sbeih, William Roberts, Adam Fetterman, Thomas Matzat, Darren Newell, Ian Lee, Edward Wildanger, Sarena Grossjan-Navarro, Kase Wheatley, Evan Loker, Alyson Cook, Enosh Baker, Elizabeth Lara, Soo Lee, Charles Parker, Deanna Johnson, David Buscho, Jordan Wilheim, Sophia Kamran, Evka Whaley-Mayda, Noah Wiley ; granting 51 Motion for Attorney Fees and Final approval of settlement. Court signed order. Plaintiffs Counsel M. Merin; M. Risher; L. DeMartini present. Defendants Counsel N. Sheehan present. Court Reporter: K. Swinhart. (Vine, H) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

PACER
54

FINAL ORDER AND JUDGMENT signed by Judge John A. Mendez on 1/9/13. (Manzer, C) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

RECAP
55

TRANSCRIPT REQUEST by Enosh Baker, David Buscho, Alyson Cook, Adam Fetterman, Sarena Grossjan-Navarro, Deanna Johnson, Sophia Kamran, Elizabeth Lara, Ian Lee, Soo Lee, Evan Loker, Thomas Matzat, Darren Newell, Charles Parker, William Roberts, Fatima Sbeih, Evka Whaley-Mayda, Kase Wheatley, Edward Wildanger, Noah Wiley, Jordan Wilheim for proceedings held on 01/09/2013 before Judge John A. Mendez, (Risher, Michael) (Entered: 08/05/2014)

Aug. 5, 2014

Aug. 5, 2014

PACER
56

TRANSCRIPT of Motion Hearing held on January 9, 2013, before Judge John A. Mendez, filed by Court Reporter Kathy Swinhart, Phone number 916-446-1347 E-mail kswinhartcsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may also be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/29/2014. Redacted Transcript Deadline set for 9/8/2014. Release of Transcript Restriction set for 11/6/2014. (Swinhart, K) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

RECAP

Case Details

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Occupy

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 22, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who were arrested or directly sprayed with pepper spray by police officers working for or on the behalf of the University of California, Davis Police Department on November 18, 2011, on the area known as "the Quad," on the University of California, Davis campus

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: Granted

Defendants

University of California (Davis), State

U.S. Davis Police Department (Davis), State

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 980,000

Order Duration: 2013 - 2015

Content of Injunction:

Apology

Required disclosure

Issues

General:

Excessive force

False arrest

Loss or damage to property

Over/Unlawful Detention

Pepper/OC spray

School/University policies

Type of Facility:

Government-run