Case: Vasquez v. Rackaukas

8:09-cv-01090 | U.S. District Court for the Central District of California

Filed Date: Sept. 23, 2009

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On September 23, 2009, Orange County residents named as defendants in a public nuisance abatement action targeting the Orange Varrio Cypress Criminal Street Gang (OVC) filed this lawsuit against Orange County in the United States District Court for the Central District of California. Proceeding under 28 U.S.C. §1983, 28 U.S.C. § 2241, and state law, plaintiffs, represented by the ACLU of Southern California, sought declaratory and injunctive relief and petitioned for a writ of habeas corpus. Th…

On September 23, 2009, Orange County residents named as defendants in a public nuisance abatement action targeting the Orange Varrio Cypress Criminal Street Gang (OVC) filed this lawsuit against Orange County in the United States District Court for the Central District of California. Proceeding under 28 U.S.C. §1983, 28 U.S.C. § 2241, and state law, plaintiffs, represented by the ACLU of Southern California, sought declaratory and injunctive relief and petitioned for a writ of habeas corpus. The plaintiffs alleged that they were denied procedural due process when defendants enforced a permanent injunction against them as members of OVC without a constitutionally adequate hearing.

This case originates from a related proceeding, People v. Orange Varrio Cypress Criminal Street Gang, Orange County Superior Court, 30-2009 00118739 (Feb. 17, 2009), in which the Orange County District Attorney's Office (OCDA) sought a permanent injunction against members of the OVC. The injunction restricted a range of activities in a gang operation area in the city of Orange, deemed the "Safety Zone," and included a curfew as well as a ban on certain clothing, "intimidating" behavior, and many other elements implicating free speech, movement, and associational rights. However, the OCDA voluntarily dismissed plaintiffs who appeared by filing an answer in that case. The OCDA subsequently obtained a default judgment against the remaining individuals and OVC as an entity. OCDA then served the order on the individuals originally named as defendants but voluntarily dismissed from the lawsuit, a tactic known as "dismiss-and-serve." Plaintiffs claim that defendants violated their procedural due process rights by failing to provide an opportunity for plaintiffs to contest whether the order applied to them.

On November 17, 2009, the United States District Court for the Central District of California (Judge Valerie B. Fairbank) denied plaintiffs' motion for preliminary injunction to enjoin enforcement of the permanent injunction against them, on the grounds that it lacked the requisite specificity and detail.

On April 19, 2010, Judge Fairbank granted plaintiffs' motion for class certification, certifying as a class the individual defendants in the state case who appeared in the Superior Court to defend themselves but were voluntarily dismissed by OCDA. The Court also certified a sub-class of juveniles named as individual defendants in the state court for whom no guardian ad litem was appointed and who were voluntarily dismissed by the OCDA.

Following an eleven day bench trial, on May 10, 2011, Judge Fairbank granted a permanent injunction barring enforcement of the order. Vasquez v. Rackauckas, 2011 WL 1791091 (C.D. Cal. May 10, 2011). The Court held that the OCDA deprived plaintiffs of constitutionally protected liberty interests and failed to provide adequate procedural protections, including an adequate pre-deprivation hearing. The Court denied the writ of habeas corpus because the plaintiffs were not in "custody" for the purposes of the writ. The Court awarded plaintiffs' attorney's fees on July 28, 2011. Vasquez v. Rackauckas, 2011 WL 3320482 (C.D. Cal. July 29, 2011).

On November 5, 2013, the United States Court of Appeals for the Ninth Circuit affirmed the District Court's issuance of injunctive relief barring enforcement of the state's court order against the plaintiffs. Vasquez v. Rackauckas, 734 F.3d 1025 (9th Cir. 2013) (Judge Marsha S. Berzon). However, the Circuit Court reversed the District Court's judgment as to the state claim against Defendant Rauckauckas, sued in his official capacity as the head of the OCDA, on the grounds that it was barred by Pennhurst State School & Hosp. v. Alderman, 465 U.S. 89 (1984). This official immunity analysis did not impact the plaintiffs' federal due process claims or the corresponding relief granted. In accordance with this ruling, the Circuit Court held that because Rackauckas was not subject to equitable remedies for violations of state law, there may be some difference in the amount of attorney's fee award that could be applied to him.

On June 10, 2015, the District Court adopted the parties' Joint Stipulation about Attorneys' Fees and Costs, whereby defendants agreed to pay a total of $3,348,139.47 to the plaintiffs in attorneys' fees and costs. Further, the defendants agreed to pay a total of $573,107.99 in connection with the appeal. The case is now closed.

Summary Authors

Samantha Kirby (10/1/2014)

Eva Richardson (1/26/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4145105/parties/manuel-vasquez-v-tony-rackaukas/


Judge(s)

Berzon, Marsha Siegel (California)

Block, Robert N. (California)

Fairbank, Valerie Baker (California)

Attorneys(s) for Plaintiff

Bibring, Peter (California)

Helzer, Belinda Escobosa (California)

Nagala, Sarala Vidya (California)

Rosenbaum, Mark Dale (California)

Smolowe, Laura Danielle (California)

Torres, Marina A (District of Columbia)

Villagra, Hector O. (California)

Judge(s)

Berzon, Marsha Siegel (California)

Block, Robert N. (California)

Fairbank, Valerie Baker (California)

Attorneys(s) for Plaintiff

Bibring, Peter (California)

Helzer, Belinda Escobosa (California)

Nagala, Sarala Vidya (California)

Rosenbaum, Mark Dale (California)

Smolowe, Laura Danielle (California)

Torres, Marina A (District of Columbia)

Villagra, Hector O. (California)

Ybarra, Joseph J (California)

Attorneys(s) for Defendant

Culp, Melissa D (California)

Harman, James Clement (California)

Harrell, S. Frank (California)

Winthers, Wayne W (California)

Expert/Monitor/Master

Kreilkamp, Jacob S. (California)

Documents in the Clearinghouse

Document

Docket [PACER ]

July 6, 2015 Docket
1-3

Complaint

Sept. 23, 2009 Complaint
86

Order Denying Preliminary Injunction

Vasquez v. Rackaukas

Nov. 17, 2009 Order/Opinion
133

Tentative Ruling re Motion for Class Certification

April 8, 2010 Order/Opinion
135

Order Granting Class Certification

April 19, 2010 Order/Opinion
406

C.D. Cal. Opinion

2011 WL 1791091

May 10, 2011 Order/Opinion
497

Order Granting Attorney's Fees

2011 WL 3320482

July 29, 2011 Order/Opinion
522

Opinion

Vasquez v. Rackauckas

U. S. Court of Appeals for the Ninth Circuit

734 F.3d 1025

Nov. 5, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4145105/manuel-vasquez-v-tony-rackaukas/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
4

EX PARTE APPLICATION for Temporary Restraining Order and order to Show Cause RE: Preliminary Injunction filed by plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. Lodged order.(twdb) (Entered: 09/25/2009)

Sept. 23, 2009 PACER
41

SEALED DOCUMENT EX PARTE APPLICATION for Leave to Proceed under Fictitious name. Lodged Order.(twdb) (Entered: 09/29/2009)

Sept. 23, 2009 PACER
78

DECLARATION of Miguel Bernal Lara in Support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez and Miguel Bernal Lara. (lwag) (Entered: 11/10/2009)

Sept. 23, 2009 PACER
5

EX PARTE APPLICATION to Seal the following (see document) filed by plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara.(twdb) (Entered: 09/25/2009)

Sept. 23, 2009 PACER
42

*SEAL DOCUMENT* DECLARATION of Lorraine Newhouse in support of EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 . (twdb) (Entered: 09/29/2009)

Sept. 23, 2009 PACER
6

MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (Entered: 09/25/2009)

Sept. 23, 2009 PACER
43

* SEALED DOCUMENT* MEMORANDUM in Support of EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 . (twdb) (Entered: 09/29/2009)

Sept. 23, 2009 PACER
1

COMPLAINT against defendants Tony Rackaukas, Robert Gustafson, Does.(Filing fee $ 350 paid) jury demand., filed by Plaintiff-Petitioners Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara.(twdb) (Additional attachment(s) added on 9/25/2009: # 1 Civil Cover Sheet) (twdb). (Additional attachment(s) added on 9/25/2009: # 2 Complaint) (twdb). (Additional attachment(s) added on 9/25/2009: # 3 summons) (twdb). (Entered: 09/25/2009)

2 Civil Cover Sheet

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3 Complaint

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4 summons

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Sept. 23, 2009 PACER
7

DECLARATION of Linda Marie Dominic in support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (Entered: 09/25/2009)

Sept. 23, 2009 PACER
44

*SEALED DOCUMENT* DECLARATION of Belinda Escobosa Helzer in support of EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 . (twdb) (Entered: 09/29/2009)

Sept. 23, 2009 PACER
8

DECLARATION of Jane Doe in support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (twdb). (Entered: 09/25/2009)

Sept. 23, 2009 PACER
9

MEMORANDUM of points and authorities in Support of EX PARTE APPLICATION to Seal 5 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (Entered: 09/25/2009)

Sept. 23, 2009 PACER
10

NOTICE of Interested Parties filed by plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, (twdb) (Entered: 09/25/2009)

Sept. 23, 2009 PACER
13

DECLARATION of Manuel Vasquez in support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (twdb). (Entered: 09/25/2009)

Sept. 23, 2009 PACER
14

DECLARATION of Belinda Escobosa Helzer in support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (Additional attachment(s) added on 9/25/2009: # 1 part 2, # 2 part 3, # 3 part 4) (twdb). (Entered: 09/25/2009)

2 part 2

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3 part 3

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4 part 4

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Sept. 23, 2009 PACER
15

DECLARATION of Gabriel Bastida in support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (twdb). (Entered: 09/25/2009)

Sept. 23, 2009 PACER
2

MINUTES OF IN CHAMBERS ORDER RE PLAINTIFF-PETITIONERS (1) EX PARTE APPLICATION TO FILE UNDER SEAL; (2) EX PARTE APPLICATION TO PROCEED UNDER FICTITIOUS NAME; and (3) EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER held before Judge Valerie Baker Fairbank: Pursuant to the Courts procedures and schedules, the Defendants shall file oppositions to the Ex Parte Applications within 48 hours (or two court days) on or before noon on September 28, 2009. See www.cacd.uscourts.gov > Judges Procedures & Schedules > Hon. Valerie Baker Fairbank. Paper courtesy copies of the opposition papers shall also be left with chambers by 2:00 pm on Monday, September 28, 2009. Counsel will then be notified if a hearing is set by the Court. Counsel for Plaintiff-Petitioners shall immediately serve a copy of this Order on defendants counsel by fax, email or personal delivery. (se) (Entered: 09/25/2009)

Sept. 24, 2009 PACER
3

NOTICE OF REFERENCE TO A U.S. MAGISTRATE JUDGE. Pursuant to the provisions of the Local Rules, the within action has been assigned to the calendar of Judge Margaret M. Morrow and referred to Magistrate Judge Paul L. Abrams to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (twdb) (Entered: 09/25/2009)

Sept. 24, 2009 PACER
16

NOTICE OF CLERICAL ERROR: Due to clerical error the document was attached and docketed to the wrong case number. Please disregard Re: Notice of Reference to a U.S. Magistrate Judge (H/C)(CV-84), Notice of Reference to a U.S. Magistrate Judge (H/C)(CV-84) 3 (twdb) (Entered: 09/25/2009)

Sept. 25, 2009 PACER
17

NOTICE of Manual Filing filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, Defendant Does of (1) Ex Parte Application to Proceed Under Fictitious Name; (2) Memo of Points & Authorities in Support of Application to Proceed Under Fictitious Name; (3) Declaration in Support of Application to Proceed Under Fictitious Name; (4) Declararation of Escobosa Helzer in Support of Application to Proceed Under Fictitious Name; (5) [Proposed] Order to Granting Application to Proceed Under Fictitious Name; (6) Petition for Appointment of Guardian Ad Litem; (7) [Proposed] Order Granting Guardian Ad Litem. (Escobosa Helzer, Belinda) (Entered: 09/25/2009)

Sept. 25, 2009 PACER
18

MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: NOTICE OF CLERICAL ERROR. Due to a clerical error, docket entry #3 was docketed under case number SACV 09-1090-VBF(RNBx). The Notice of Reference to a U.S. Magistrate Judge is in reference to case number SACV 09-1099-MMM(PLA). (se) (Entered: 09/25/2009)

Sept. 25, 2009 PACER
19

PROOF OF SERVICE filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, re Minutes of In Chambers Order/Directive - no proceeding held,,, 2 served on 09-24-2009. (Bibring, Peter) (Entered: 09/25/2009)

Sept. 25, 2009 PACER
20

DECLARATION of Belinda Escobosa Helzer in support of EX PARTE APPLICATION to Seal 5, EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Escobosa Helzer, Belinda) (Entered: 09/25/2009)

Sept. 25, 2009 PACER
21

Opposition Ex Parte Application for Temporary Restraining Order re: EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Defendant Robert Gustafson. (Attachments: # 1 Declaration Robert Gustafson, # 2 Declaration Joel Nigro)(Winthers, Wayne) (Entered: 09/28/2009)

2 Declaration Robert Gustafson

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3 Declaration Joel Nigro

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Sept. 28, 2009 PACER
22

Objection to Evidence re: EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Defendant Robert Gustafson. (Winthers, Wayne) (Entered: 09/28/2009)

Sept. 28, 2009 PACER
23

Opposition Opposition re: EX PARTE APPLICATION to Seal 5 filed by Defendant Robert Gustafson. (Attachments: # 1 Proposed Order to Opposition to File Documents Under Seal)(Winthers, Wayne) (Entered: 09/28/2009)

2 Proposed Order to Opposition to File Documents Under Seal

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Sept. 28, 2009 PACER
24

Opposition Opposition re: EX PARTE APPLICATION to Seal 5 filed by Defendant Robert Gustafson. (Attachments: # 1 Proposed Order to Opposition to Proceed Under Fictitious Name)(Winthers, Wayne) (Entered: 09/28/2009)

2 Proposed Order to Opposition to Proceed Under Fictitious Name

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Sept. 28, 2009 PACER
25

Opposition Opposition re: EX PARTE APPLICATION for Temporary Restraining Order 4 Notice of Lodging [proposed] Order filed by Defendant Robert Gustafson. (Attachments: # 1 Proposed Order to Opposition to Temporary Restraining Order)(Winthers, Wayne) (Entered: 09/28/2009)

2 Proposed Order to Opposition to Temporary Restraining Order

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Sept. 28, 2009 PACER
26

Opposition opposition re: EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

Sept. 28, 2009 PACER
27

Opposition Opposition re: EX PARTE APPLICATION to Seal 5 filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

Sept. 28, 2009 PACER
28

Request to Strike and Evidentiary Objections to Declarations Filed by Plaintiffs-Petitioners filed by Defendant Tony Rackaukas (Harman, James) (Entered: 09/28/2009)

Sept. 28, 2009 PACER
29

DECLARATION of Detective J. Nigro re Objection/Opposition (Motion related) 26 filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

Sept. 28, 2009 PACER
30

OBJECTIONS to Plaintiffs-Petitioners' Ex Parte Application to Proceed Under Fictitious Name filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

Sept. 28, 2009 PACER
31

NOTICE OF LODGING filed (Attachments: # 1 Proposed Order Re: Opposition to Plaintiff-Petitioner's Ex Parte Application to Proceed Under Fictitious Name)(Harman, James) (Entered: 09/28/2009)

2 Proposed Order Re: Opposition to Plaintiff-Petitioner's Ex Parte Applicatio

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Sept. 28, 2009 PACER
32

NOTICE OF LODGING filed re Minutes of In Chambers Order/Directive - no proceeding held,,, 2 (Attachments: # 1 Proposed Order Re: Opposition to Plaintiff-Petitioners' Ex Parte Application Temp. Restraining Order & OSC Re: Preliminary Injunc.)(Harman, James) (Entered: 09/28/2009)

2 Proposed Order Re: Opposition to Plaintiff-Petitioners' Ex Parte Applicatio

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Sept. 28, 2009 PACER
33

NOTICE OF LODGING filed re Minutes of In Chambers Order/Directive - no proceeding held,,, 2 (Attachments: # 1 Proposed Order Re: Opposition to Plaintiff-Petitioners' Ex Parte Application to File Documents Under Seal)(Harman, James) (Entered: 09/28/2009)

2 Proposed Order Re: Opposition to Plaintiff-Petitioners' Ex Parte Applicatio

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Sept. 28, 2009 PACER
34

DECLARATION of Michael J. Hernandez Part one filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

Sept. 28, 2009 PACER
35

DECLARATION filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

Sept. 28, 2009 PACER
36

DECLARATION of Michael J. Hernandez Part Three filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

Sept. 28, 2009 PACER
37

Proof OF SERVICE filed by defendant Tony Rackaukas, served on September 28, 2009. (Harman, James) (Entered: 09/28/2009)

Sept. 28, 2009 PACER
38

NOTICE of Errata filed by defendant Tony Rackaukas. (Harman, James) (Entered: 09/29/2009)

Sept. 29, 2009 PACER
45

MINUTES (IN CHAMBERS) by Judge Valerie Baker Fairbank: The Ex Parte Application of Plaintiff-Petitioner JAMES DOE, by and through his guardian ad litem, JANE DOE, to File Under Seal 5 is GRANTED. Ex Parte Application of Plaintiff-Petitioner JAMES DOE, by and through his guardian ad litem, JANE DOE, to Proceed Under Fictitious Name 4 is DENIED; The Court, however, finds sufficient grounds to set an Order to Show Cause re Proceeding Under Fictitious Name. The hearing on the Order to Show Cause shall be set for 11/5/2009 at 2:30 PM. Supplemental motion papers shall be filed and served by 10/6/2009; supplemental opposition papers shall be filed and served by 10/20/2009; and Reply papers shall be filed and served by 10/27/2009. Within the next three court days, counsel shall meet and confer to attempt to fashion a protective/confidentiality order and resolve issues presented by the Application to Proceed Under Fictitious Name. Ex Parte Application of Plaintiff-Petitioners for Temporary RestrainingOrder 41 is DENIED without prejudice. For several reasons set forth below, the Court finds that the Plaintiff-Petitioners did not make a sufficient showing in support of the relief requested. The Court, however, will set an Order to Show Cause re Preliminary Injunction hearing for 11/5/2009 at 2:30 PM. By 10/6/2009, the Petitioner-Plaintiffs shall file Motion papers including a proposed order which complies with Rule 65(d) of the FRCP. The Defendants shall then file opposition papers by 10/20/2009 and the Petitioner-Plaintiffs shall file reply papers by 10/27/2009 (see attached Minute Order for further details). (jp) (Entered: 09/29/2009)

Sept. 29, 2009 PACER
39

OBJECTIONS to EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/29/2009)

Sept. 29, 2009 PACER
46

MINUTES IN CHAMBERS by Judge Valerie Baker Fairbank: COURT ORDER. Counsel are hereby notified that a Scheduling Conference has been set for 12/7/2009 AT 8:30 AM. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Rule 26(f) Report and a Notice of Settlement Procedure Selection Form ADR-1, on or before 11/30/2009. The Court requests that a mandatory chambers copy of the report be delivered to chambers by 12:00 p.m. the following day. If counsel fail to file the required Joint Rule 26(f) Report and a Notice of Settlement Procedure Selection form or fail to appear at the Scheduling Conference and such failure is not otherwise satisfactorily explained to the Court, the Court may take such action as it deems appropriate, such as monetary sanctions, or ultimately, dismissal or default. (jp) (Entered: 09/29/2009)

Sept. 29, 2009 PACER
40

Proof OF SERVICE filed by defendant Tony Rackaukas, re Notice (Other) 38, Objections - non-motion 39 served on September 29, 2009. (Harman, James) (Entered: 09/29/2009)

Sept. 29, 2009 PACER
47

STANDING ORDER by Judge Valerie Baker Fairbank: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND ADDS TO THE LOCAL RULES. COUNSEL FOR PLAINTIFF SHALL IMMEDIATELY SERVE THIS ORDER ON ALL PARTIES, INCLUDING ANY NEW PARTIES TO THE ACTION. IF THIS CASE WAS REMOVED FROM STATE COURT, THE DEFENDANT WHO REMOVED THE CASE SHALL SERVE THIS ORDER ON ALL OTHER PARTIES; Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Conformed courtesy copies of all papers filed with the Court, including those filed electronically, shall be delivered on the next day of filing, by 12 noon, to the drop box outside the Chambers of Judge Valerie Baker Fairbank. The Judge's Chambers are located at the end of the hallway, past the courtroom. (see document for further details.) (jp) (Entered: 09/29/2009)

Sept. 29, 2009 PACER
48

NOTICE of Scheduling Conference on Dec. 7, 2009 and Standing Order filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Exhibit A and B, # 2 Proof of Service)(Escobosa Helzer, Belinda) (Entered: 10/01/2009)

2 Exhibit A and B

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3 Proof of Service

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Oct. 1, 2009 PACER
49

PROOF OF SERVICE Executed Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, upon Robert Gustafson served on 9/24/2009, answer due 10/14/2009. The Summons and Complaint were served by Personal service, by State statute, upon Tricia Delrio, Administrative Specialist, City Clerk. Due Dilligence declaration No. Original Summons no. (Escobosa Helzer, Belinda) (Entered: 10/01/2009)

Oct. 1, 2009 PACER
50

PROOF OF SERVICE Executed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, upon Tony Rackaukas served on 9/24/2009, answer due 10/14/2009. The Summons and Complaint were served by Personal service, by State statute, upon Yesenia, Authorized to Accept Service of Process. Due Dilligence declaration not attached. Original Summons not returned. (Escobosa Helzer, Belinda) (Entered: 10/01/2009)

Oct. 1, 2009 PACER
51

MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order 4 (Supplemental) in Support of Preliminary Injunction filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Proposed Order Granting Preliminary Injunction)(Escobosa Helzer, Belinda) (Entered: 10/06/2009)

2 Proposed Order Granting Preliminary Injunction

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Oct. 6, 2009 PACER
52

Objections to Evidence Submitted by Defendant Tony Rackauckas and Defendant Robert Gustafson In Support of re: EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Escobosa Helzer, Belinda) (Entered: 10/06/2009)

Oct. 6, 2009 PACER
53

DECLARATION of Belinda Escobosa Helzer in support of EX PARTE APPLICATION for Temporary Restraining Order 4 (Supplemental) in Support of Preliminary Injunction filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Exhibit O and P, # 2 Exhibit Q - S, # 3 Exhibit T - X, # 4 Exhibit Y & Z, # 5 Exhibit AA & BB)(Escobosa Helzer, Belinda) (Entered: 10/06/2009)

2 Exhibit O and P

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3 Exhibit Q - S

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4 Exhibit T - X

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5 Exhibit Y & Z

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6 Exhibit AA & BB

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Oct. 6, 2009 PACER
54

NOTICE OF AGREEMENT OF COUNSEL TO ENTER INTO PROTECTIVE ORDER TO RESOLVE ISSUES PRESENTED BY PLAINTIFF-PETITIONERS' APPLICATION TO PROCEED UNDER FICTITIOUS NAME re EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Escobosa Helzer, Belinda) (Entered: 10/06/2009)

Oct. 6, 2009 PACER
55

REQUEST to Substitute attorney S. FRANK HARRELL in place of attorney JAMES C. HARMAN filed by Defendant Tony Rackaukas. (Attachments: # 1 Proposed Order to Request for Approval of Substitution of Attorney)(Harrell, S) (Entered: 10/07/2009)

2 Proposed Order to Request for Approval of Substitution of Attorney

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Oct. 7, 2009 PACER
56

REQUEST to Substitute Attorney filed by defendant Tony Rackaukas. (Harman, James) (Entered: 10/07/2009)

Oct. 7, 2009 PACER
57

ORDER by Judge Valerie Baker Fairbank: granting 55 Request to Substitute Attorney. Added attorney S Frank Harrell for Tony Rackaukas. Attorney James Clement Harman terminated. (se) (Entered: 10/08/2009)

Oct. 7, 2009 PACER
58

NOTICE of Entry of Order on Request for Approval of Substitution of Attorney filed by defendant Tony Rackaukas. (Harman, James) (Entered: 10/09/2009)

Oct. 9, 2009 PACER
59

Joint STIPULATION for Extension of Time to File Answer to 11/16/2009 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Tony Rackaukas. (Attachments: # 1 Proposed Order to Joint Stipulation)(Harrell, S) (Entered: 10/14/2009)

2 Proposed Order to Joint Stipulation

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Oct. 14, 2009 PACER
60

ORDER granting Stipulation to Extend Time to Answer (More than 30 days) 59 : defendants Tony Rackaukas answer due 11/16/2009; Robert Gustafson answer due 11/16/2009; Does answer due 11/16/2009 by Judge Valerie Baker Fairbank. Plaintiffs will then file and serve any Opposition on or before December 7, 2009. Defendants will thereafter prepare and file any Reply on or before December 21, 2009. (se) (Entered: 10/19/2009)

Oct. 16, 2009 PACER
61

OPPOSITION to Plaintiffs' Request for Preliminary Injunction OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Defendant Robert Gustafson. (Attachments: # 1 Declaration of Joel Nigro)(Winthers, Wayne) (Entered: 10/20/2009)

2 Declaration of Joel Nigro

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Oct. 20, 2009 PACER
62

OPPOSITION to Plaintiff's Request for Preliminary Injunction; Memorandum of Points and Authorities filed by Defendant Tony Rackaukas. (Attachments: # 1 Declaration of S. Frank Harrell in Support of Opposition, # 2 Exhibit "A" in Support of Opposition, # 3 Exhibit "B" (part one) in Support of Opposition, # 4 Exhibit "B" (part two) in Support of Opposition, # 5 Declaration "B" (part three) in Support of Opposition, # 6 Exhibit "C" in Support of Opposition, # 7 Exhibit "D" and "E" in Support of Opposition)(Harrell, S) (Entered: 10/20/2009)

2 Declaration of S. Frank Harrell in Support of Opposition

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3 Exhibit "A" in Support of Opposition

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4 Exhibit "B" (part one) in Support of Opposition

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5 Exhibit "B" (part two) in Support of Opposition

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6 Declaration "B" (part three) in Support of Opposition

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7 Exhibit "C" in Support of Opposition

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8 Exhibit "D" and "E" in Support of Opposition

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Oct. 20, 2009 PACER
63

NOTICE OF LODGING filed re Response in Opposition to Motion,, 62 (Attachments: # 1 Exhibit Reply Brief ISO PI)(Bibring, Peter) (Entered: 10/27/2009)

2 Exhibit Reply Brief ISO PI

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Oct. 27, 2009 PACER
64

REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Exhibit A - People v Nortenos, # 2 Exhibit B - Docket Statement, # 3 Exhibit C - People v Oakdale, # 4 Exhibit D- Docket Statement, # 5 Exhibit E - Chapter 5)(Villagra, Hector) (Entered: 10/27/2009)

2 Exhibit A - People v Nortenos

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3 Exhibit B - Docket Statement

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4 Exhibit C - People v Oakdale

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5 Exhibit D- Docket Statement

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6 Exhibit E - Chapter 5

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Oct. 27, 2009 PACER
65

MEMORANDUM of Points and Authorities in Support filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. Re: Request for Judicial Notice, 64 (Attachments: # 1 Proposed Order)(Villagra, Hector) (Entered: 10/27/2009)

2 Proposed Order

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Oct. 27, 2009 PACER
66

DECLARATION of Ashe & Helzer filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-D, # 3 Exhibit E-F, # 4 Exhibit G-H, # 5 Exhibit I-J, # 6 Exhibit K-L, # 7 Exhibit M-N, # 8 Exhibit O-P, # 9 Exhibit Q-R, # 10 Exhibit S-T, # 11 Exhibit U-V, # 12 Exhibit W-X, # 13 Exhibit Y-Z, # 14 Exhibit AA-BB, # 15 Exhibit CC)(Villagra, Hector) (Entered: 10/27/2009)

2 Exhibit A-B

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3 Exhibit C-D

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4 Exhibit E-F

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5 Exhibit G-H

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6 Exhibit I-J

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7 Exhibit K-L

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8 Exhibit M-N

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9 Exhibit O-P

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10 Exhibit Q-R

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11 Exhibit S-T

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12 Exhibit U-V

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13 Exhibit W-X

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14 Exhibit Y-Z

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15 Exhibit AA-BB

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16 Exhibit CC

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Oct. 27, 2009 PACER
67

EX PARTE APPLICATION to Exceed Page Limitation page number filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Exhibit Reply Brief, # 2 Proposed Order)(Bibring, Peter) (Entered: 10/27/2009)

2 Exhibit Reply Brief

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3 Proposed Order

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Oct. 27, 2009 PACER
68

ORDER by Judge Valerie Baker Fairbank granting Ex Parte Application for Leave to File Excess Pages 67, that Plaintiff-Petitioners may file a Memorandum of Points and Authorities in Support of their Ex Parte Application for a Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction not to exceed thirty-five (35) pages. (jp) (Entered: 10/29/2009)

Oct. 28, 2009 PACER
69

OBJECTIONS to Declaration (non-motion), Declaration (non-motion) 66, Memorandum of Points and Authorities in Support (non-motion) 65, Request for Judicial Notice, 64 WITH REGARD TO PRELIMINARY INJUNCTION filed by Defendant Robert Gustafson. (Winthers, Wayne) (Entered: 10/29/2009)

Oct. 29, 2009 PACER
70

REPLY in support of Preliminary Injunction filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Villagra, Hector) (Entered: 10/29/2009)

Oct. 29, 2009 PACER
71

MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank re OSC re Preliminary Injuction 51 . At the hearing on the OSC re Preliminary Injunction, oral argument on all issues raised in the papers will be invited. (kbr) (Entered: 11/03/2009)

Nov. 2, 2009 PACER
72

OBJECTIONS to Declaration (non-motion), Declaration (non-motion) 66 DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEY'S OBJECTION TO DECLARATIONS OF TYSON HELZER AND LINDA DOMENIC ASHE AND REQUEST FOR JUDICIAL NOTICE SUBMITTED IN SUPPORT OF PLAINTIFF'S REPLY BRIEF filed by Defendant Tony Rackaukas. (Harrell, S) (Entered: 11/04/2009)

Nov. 4, 2009 PACER
73

MINUTES Order to Show Cause re Proceeding Under Fictitious Name; Order to Show Cause re Preliminary Injunction 45 before Judge Valerie Baker Fairbank: Case called. The Court CONTINUES the hearing on both the Order to Show Cause re Proceeding Under Fictitious Names and Order to Show Cause re Preliminary Injunction to 11/6/2010 at 10:00 AM. Court Reporter: Rosalyn Adams. (jp) (Entered: 11/09/2009)

Nov. 5, 2009 PACER
74

MINUTES Order to Show Cause re Proceeding Under Fictitious Name; Order to Show Cause re Preliminary Injunction before Judge Valerie Baker Fairbank: Case called. The Court hears arguments from the Parties on the Order to Show Cause re Proceeding Under Fictitious Name. Upon the Plaintiffs' request, the Court continues the OSC re Fictitious Name to 12/7/2009 at 8:30 AM The Plaintiffs shall file their supplemental motion papers by 11/16/2009. and the Defendants shall file any opposition by 11/30/2009. Court Reporter: Rosalyn Adams. (jp) (Entered: 11/09/2009)

Nov. 6, 2009 PACER
75

MEMORANDUM of CONTENTIONS of FACT and LAW filed by DEFENDANT Robert Gustafson. (Winthers, Wayne) (Entered: 11/10/2009)

Nov. 10, 2009 PACER
76

[proposed] FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF PRELIMINARY INJUNCTION re EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Villagra, Hector) (Entered: 11/10/2009)

Nov. 10, 2009 PACER
77

DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEYS [PROPOSED] FINDINGS OF FACT AND CONCLUSIONS OF LAW (Harrell, S) (Entered: 11/10/2009)

Nov. 10, 2009 PACER
79

NOTICE OF MOTION AND MOTION to Strike Part of Miscellaneous Document 77 filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. Motion set for hearing on 12/7/2009 at 08:30 AM before Judge Valerie Baker Fairbank. (Attachments: # 1 Proposed Order)(Villagra, Hector) (Entered: 11/11/2009)

2 Proposed Order

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Nov. 11, 2009 PACER
80

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Hearing information is missing, incorrect, or not timely. This document appears to be an objection to a prior filing. Therefore it should have been filed under the Miscellaneous (non-motion) category. If this is a motion, the hearing time is incorrect, judge Fairbank hears motions at 1:30 and no memorandum of points and authorities was submitted. RE: MOTION to Strike Part of Miscellaneous Document 79 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (jp) (Entered: 11/13/2009)

Nov. 12, 2009 PACER
81

NOTICE of Manual Filing filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara of Memo of P& A and Declaration. (Villagra, Hector) (Entered: 11/16/2009)

Nov. 16, 2009 PACER
87

SEALED DOCUMENT- Declaration of Hector O-Villagra in Support of Exparte Application to Proceed Under Fictitious Name. (Attachments: Part 2)(mat) (Entered: 11/18/2009)

Nov. 16, 2009 PACER
82

OF SERVICE filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, of Documents Filed Under Seal: (1) Supplemental Memorandum of Points and Authorities in Support of Ex Parte Application to Proceed Under Fictitious Name; (2) Declaration of Hector O Villagra in Support of Ex Parte Application to Proceed Under Fictitious Name served on 11/16/2009. (Villagra, Hector) (Entered: 11/16/2009)

Nov. 16, 2009 PACER
88

SEALED DOCUMENT- Supplemental Memorandum of Points and Authorities in Support of Exparte Application to Proceed Under Fictitious Name. (mat) (Entered: 11/18/2009)

Nov. 16, 2009 PACER
83

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Robert Gustafson. Motion set for hearing on 1/11/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Proposed Order)(Winthers, Wayne) (Entered: 11/16/2009)

2 Proposed Order

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Nov. 16, 2009 PACER
84

NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Portions of Plaintiffs' Complaint filed by Defendant Tony Rackaukas. Motion set for hearing on 1/11/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Harrell, S) (Entered: 11/16/2009)

Nov. 16, 2009 PACER
85

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: No Proposed Order was submitted RE: MOTION to Dismiss and/or Strike Portions of Plaintiffs' Complaint 84 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (kbr) (Entered: 11/17/2009)

Nov. 17, 2009 PACER
86

MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: re: Ruling on Submitted Matter: Plaintiffs' Motion for Preliminary Injunction 51 . After considerting the papers filed and counsel's oral arguments at the hearings on November 5 and 6, 2009, the Court DENIES the Plaintiffs' Motion for Preliminary Injunction on the ground that the equitable relief sought is not appropriate. (kbr) (Entered: 11/17/2009)

Nov. 17, 2009 RECAP
89

NOTICE OF LODGING filed re MOTION to Dismiss and/or Strike Portions of Plaintiffs' Complaint 84 (Attachments: # 1 Proposed Order Proposed Order Granting Defendant Orange County District Attorney's Motion to Dismiss)(Harrell, S) (Entered: 11/19/2009)

2 Proposed Order Proposed Order Granting Defendant Orange County District Attorney

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Nov. 19, 2009 PACER
90

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 weeks, filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara.. (Bibring, Peter) (Entered: 11/25/2009)

Nov. 25, 2009 PACER
91

OPPOSITION in opposition re: EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 Opposition to supplemental documents filed under SEAL (document 81) filed by Defendant Robert Gustafson. (Winthers, Wayne) (Entered: 11/30/2009)

Nov. 30, 2009 PACER
92

NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, 86 filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. Motion set for hearing on 12/21/2009 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Proposed Order)(Villagra, Hector) (Entered: 11/30/2009)

2 Proposed Order

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Nov. 30, 2009 PACER
93

NOTICE OF MOTION re MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, 86 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, 86 92 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. Motion set for hearing on 12/21/2009 at 01:30 PM before Judge Valerie Baker Fairbank. (Villagra, Hector) (Entered: 11/30/2009)

Nov. 30, 2009 PACER
94

OPPOSITION TO APPLICATION TO PROCEED UNDER FICTITIOUS NAME Opposition re: EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 filed by Defendant Tony Rackaukas. (Attachments: # 1 Supplement Notice of Manual Filing)(Harrell, S). Modified on 12/1/2009 (jp). Modified on 12/8/2009 (jp). (Entered: 11/30/2009)

2 Supplement Notice of Manual Filing

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Nov. 30, 2009 PACER
95

NOTICE of Manual Filing filed by Defendant Tony Rackaukas of NOTICE OF LODGING DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEY'S OPPOSITION TO APPLICATION TO PROCEED UNDER FICTITIOUS NAME and DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEY'S OPPOSITION TO APPLICATION TO PROCEED UNDER FICTITIOUS NAME. (Harrell, S) (Entered: 12/01/2009)

Dec. 1, 2009 PACER
96

NOTICE of Manual Filing filed by Defendant Tony Rackaukas of NOTICE OF LODGING DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEY'S APPLICATION TO REMOVE OPPOSITION TO APPLICATION TO PROCEED UNDER FICTITIOUS NAME and DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEY'S APPLICATION TO REMOVE OPPOSITION TO APPLICATION TO PROCEED UNDER FICTITIOUS NAME and [PROPOSED] ORDER. (Harrell, S) (Entered: 12/01/2009)

Dec. 1, 2009 PACER
97

MINUTES (IN CHAMBERS) by Judge Valerie Baker Fairbank: COURT ORDER DENYING WITHOUT PREJUDICE Motion for Reconsideration 92, 93 . Plaintiffs did not put this required statement in their Notice. Accordinlying, for noncomplaince with Local Rule 7-3, Plaintiffs' Motion is DENIED WITHOUT PREJUDICE. (jp) (Entered: 12/01/2009)

Dec. 1, 2009 PACER
98

NOTICE OF DISCREPANCY AND ORDER by Judge Valerie Baker Fairbank, ORDERING Notice of Lodging Application to Remove Defendant/Respondent Orange County District Attorneys's Opposition to Application to Proceed Under Fictitious Name from the Public Record and Place it Under Seal; Application to Remove Defendant/Respondent Orange County District Attorneys's Opposition to Application to Proceed Under Fictitious Name from the Public Record and Place it Under Seal; (Proposed) Order Regarding Removing Defendant/Respondent Orange County District Attorney's Opposition to Application to Proceed Under Fictitious Name From the Public Record and Placing it Under Seal; Notice of Lodging Opposition to Application to Proceed Under Fictitious Name; Opposition to Application to Proceed Under Fictitious Name; submitted by Defendant Orange County District Attorney, received on 12/2/09 are not to be filed but instead rejected. Denial based on: There is no protective order on the docket to file under seal. (mg) (Entered: 12/04/2009)

Dec. 3, 2009 PACER
99

MINUTES OSC RE FICTITIOUS NAME; OSC SCHEDULING CONFERENCE before Judge Valerie Baker Fairbank: Case called. As more fully reflected in the Reporter's Notes, the Court denies Plaintiff James Doe's Ex Parte Application to Proceed Under Fictitious Name 41, 74 . The Court finds that Plaintiffs privacy interest injuvenile records can be adequately protected by sealing the documents, and that there are insufficient grounds to permit the Plaintiff to proceed by a fictitious name. The Court orders the Parties to promptly meet and confer to file a stipulated protective order or a motion for protective order with the Magistrate Judge. The Court sets the following schedule for the Plaintiffs' Motion for Class Certification: Motion for Class Certification Filed By 3/15/2010; Opposition to Class Certification Motion Filed By 3/29/2010; Reply for Class Certification filed By 4/5/2010; Hearing on Motion for Class Certification 4/19/2010 at 1:30 PM. The Court sets the following schedule in this case: Trial 11/9/2010 at 8:30 AM; Final Pretrial Conference 10/18/2010 at 2:30 PM; Motion Filing cut-Off 8/16/2010; Non-Expert Discovery cut-off 7/12/2010; Expert Discovery Cut-off 8/16/2010; Expert Disclosures pursuant to the Parties' stipulation or FRCP 26; Settlement Conference Held By 3/1/2010. Court Reporter: Rosalyn Adams. (jp) (Entered: 12/08/2009)

Dec. 7, 2009 PACER
100

NOTICE OF NON-OPPOSITION MOTION to Dismiss and/or Strike Portions of Plaintiffs' Complaint 84 filed by Defendant Tony Rackaukas. (Harrell, S) (Entered: 12/14/2009)

Dec. 14, 2009 PACER
101

NOTICE OF NON-OPPOSITION to MOTION to Dismiss Case 83 filed by Defendant Robert Gustafson. (Winthers, Wayne) (Entered: 12/14/2009)

Dec. 14, 2009 PACER
102

EX PARTE APPLICATION TO REVISE THE BRIEFING SCHEDULE RE MOTIONS TO DISMISS filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara (Attachments: # 1 Proposed Order)(Bibring, Peter) (Entered: 12/16/2009)

2 Proposed Order

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Dec. 16, 2009 PACER

State / Territory: California

Case Type(s):

Policing

Key Dates

Filing Date: Sept. 23, 2009

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Orange County residents named as defendants in a public nuisance abatement action targeting the Orange Varrio Cypress Criminal Street Gang (OVC)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Orange County (Santa Ana , Orange), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $3,921,247.46

Order Duration: 2011 - None

Content of Injunction:

Preliminary relief denied