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Case: Buffin v. City and County of San Francisco

4:15-cv-04959 | U.S. District Court for the Northern District of California

Filed Date: Oct. 28, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

At the commencement of this lawsuit, the City and County of San Francisco did not release arrestees from jail unless they paid a generic “bond” amount. That amount was determined by a fixed bail schedule set by San Francisco under direction of state law. Because this sum was set by reference to the alleged offense of arrest, no individualized factors were considered, and anyone who couldn't afford to pay was held in jail for at least two days before any court appearance. On October 28, 2015, ar…

At the commencement of this lawsuit, the City and County of San Francisco did not release arrestees from jail unless they paid a generic “bond” amount. That amount was determined by a fixed bail schedule set by San Francisco under direction of state law. Because this sum was set by reference to the alleged offense of arrest, no individualized factors were considered, and anyone who couldn't afford to pay was held in jail for at least two days before any court appearance.

On October 28, 2015, arrestees in San Francisco who were unable to afford the bond set by the fixed bail schedule filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued the City and County of San Francisco and the State of California under 42 U.S.C. § 1983 and the Declaratory Judgment Act. The plaintiffs claimed that this wealth-based pretrial detention scheme violated the Due Process and Equal Protection Clauses of the Constitution. Specifically, the plaintiffs claimed that by adhering to the generic “bond” schedule set by state law, San Francisco’s system jailed some of its poorest residents prior to a first court appearance solely because they could not pay an arbitrary amount of money. The plaintiffs, represented by Equal Justice Under Law, asked the court for declaratory and injunctive relief, damages suffered as a result of defendants’ conduct, and reasonable attorneys’ fees. The case was assigned to Judge Yvonne Gonzalez Rogers.

Both the State of California and San Francisco filed motions to dismiss; California’s motion was granted under sovereign immunity, but San Francisco’s was denied. The court did grant San Francisco’s motion for a more definite statement because the court was unable to identify the precise legal challenge being made by the plaintiffs or the precise relief they sought against the City (especially in light of the State's dismissal). The court also denied the plaintiffs’ motions for a preliminary injunction and to certify the class because these could not be properly ruled on without a clearly articulated legal theory in the complaint.

On February 5, 2016, the defendants filed a notice of pendency of another action, Welchen v. Harris & County of Sacramento (No. 2:16-cv-00185-TLN-KJN), which asserted similar, potentially identical claims to this case. The plaintiff in that case contended that Sacramento’s bail schedule, set by the judges of the Superior Court as required by California law, violated his constitutional rights to equal protection and due process.

The plaintiffs filed a series of amended complaints, which added as defendants the San Francisco Sheriff in her official capacity and Kamala Harris in her official capacity as the California Attorney General. The third and most recent amended complaint was filed on May 27, 2016. It sought, among other things, a declaratory judgment that the City and County of San Francisco and the Sheriff violated the named plaintiffs’ and proposed class members’ constitutional rights by keeping them in jail solely because they could not make a monetary payment. It also requested an order declaring that the California Penal Code section on bail and any other state statutory or constitutional provisions requiring the use of secured money bail to detain without an inquiry into ability to pay were unconstitutional. Lastly, the plaintiffs sought another injunction to prevent the defendants from enforcing their unconstitutional wealth-based detention policies and practices. For monetary relief, the plaintiffs sought compensation for the damages they suffered as a result of the defendants’ unconstitutional and unlawful conduct, including damages resulting from their confinement in jail, and attorneys' fees and costs.

The defendants filed a motion to dismiss the complaint, which the court granted in part and denied in part. Specifically, the court dismissed claims against the Sheriff as to money damages because the Sheriff’s actions on behalf of the state—detaining individuals for inability to pay bail as prescribed in the schedule set by the Superior Court—were protected by the Eleventh Amendment. The court also dismissed the claim against the County, finding that "[t]he State is the relevant actor when the Sheriff detains a person who does not pay bail and plaintiffs have not alleged a municipal policy or practice for which the County may be held liable." 2016 WL 6025486. The court denied the motion to dismiss with respect to declaratory or injunctive relief sought against the Sheriff for alleged Fourteenth Amendment violations.

The California Bail Agents Association (CBAA) was granted permissive intervention. Both the CBAA and the plaintiffs filed motions for summary judgment, which were both denied: the court found that strict scrutiny applied to the plaintiffs' claims since they alleged invidious discrimination that risked depriving individuals of the fundamental right to liberty. And the court held that CBAA's claim—that rational basis review applied because there was no constitutional right to pre-arraignment release—could not stand. Separately, the court held that the factual record was insufficient to support the plaintiffs’ allegations of Fourteenth Amendment violations.

Two additional named plaintiffs in another case, Dupree v. Hennessy (No. 18-cv-00310) filed a motion to relate that case to Buffin on January 27, 2018, because both cases concerned substantially similar putative classes and events, and had significant overlap in parties, legal issues, claims, and relief sought. In both cases, the named plaintiffs were pre-arraignment arrestees in the custody of the City and County of San Francisco, who were unable to meet a secured financial condition of release determined without regard for their ability to pay. Both cases claimed that the defendant San Francisco Sheriff had violated the Equal Protection and Due Process clauses of the Constitution with the wealth-based detention scheme tying pretrial freedom to the ability to make a monetary payment. Since the Sheriff’s wealth-based detention scheme was the focus of both cases, the judge granted the motion to relate Buffin and Dupree on January 22, 2018.

On February 26, 2018, the court granted the plaintiffs’ motion to certify the class with modifications. The class was defined as “All pre-arraignment arrestees

(i) who are, or will be, in the custody of the San Francisco Sheriff;

(ii) whose bail amount is determined by the Felony and Misdemeanor Bail Schedule as established by the Superior Court of California, County of San Francisco;

(iii) whose terms of pretrial release have not received an individualized determination by a judicial officer; and

(iv) who remain in custody for any amount of time because they cannot afford to pay their set bail amount.” 2018 WL 1070892.

On September 28, 2018, the plaintiffs moved for summary judgment. The plaintiffs sought a permanent injunction enjoining the sheriff from using any form of the Bail Schedule against any member of the class, a permanent injunction prohibiting the sheriff from detaining new arrestees unconstitutionally, a plan submitted by the sheriff detailing new release options, and reasonable attorneys’ fees. The defendants moved for summary judgment on November 1, 2018.

On March 4, 2019, the court granted the plaintiffs’ motion for summary judgment. The court found that the plaintiffs were deprived of their fundamental rights to liberty solely because they were indigent. The plaintiffs had shown that an individualized inquiry into the risk an arrestee has to public safety and failure to appear is less restrictive and at least as effective at serving the state’s interest as the use of a Bail Schedule. Last, the court found the CBAA failed to show that the plaintiffs’ proposed alternative for an individualized inquiry would be less effective or more restrictive than the use of a Bail Schedule. The court delayed issuing an injunction enjoining the sheriff from using the Bail Schedule pending briefing by the parties. 2019 WL 1017537.

The parties subsequently submitted proposed language for the injunction. The case was referred to settlement conferences to develop the language. In July 2019, the court ordered final briefing on the language.

On September 3, 2019, the court issued the final judgement and injunction in which a timeline was established for injunctive relief to go into effect. The court scheduled a compliance hearing for November 22, 2019. The parties agreed to an injunction prohibiting the use of the Bail Schedule, detailing modifications to the procedures for pretrial release as an alternative to the current use of the Bail Schedule, and monitoring for an effective period of eighteen months. Throughout the monitoring period, the defendants would provide reports to the plaintiffs every three months in order for them to monitor compliance. The reports include significant data on pretrial release procedures so as to measure compliance and reduction of the constitutional harms. The issue of attorneys' fees was not yet resolved at the time of this writing.

On November 15, 2019, the parties filed a joint statement regarding compliance with the settlement. The settlement had been conditioned on the defendants obtaining legislative approval for the costs associated with implementing the injunctive relief. Because of the time that would take to obtain final approval, plus to collect data, the parties requested that the first compliance hearing be held in May 2020. The court continued the compliance hearing per their request.

The case is ongoing.

Summary Authors

Katrina Fetsch (2/8/2016)

Virginia Weeks (2/4/2018)

Esther Vinarov (2/1/2019)

Hannah Greenhouse (3/11/2019)

Chelsea Rinnig (1/11/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4182319/parties/buffin-v-city-and-county-of-san-francisco/


Judge(s)

Rogers, Yvonne Gonzalez (California)

Attorneys(s) for Plaintiff

Bauer, Steven (California)

Chiu, Aaron T. (California)

Derrick, David (California)

Hubbard, Katherine (District of Columbia)

Huseny, Sadik Harry (California)

Karakatsanis, Alec (District of Columbia)

Sevcenko, Catherine B. (District of Columbia)

Sims, Robert E. (Maryland)

Telfeyan, Phil (District of Columbia)

Judge(s)

Rogers, Yvonne Gonzalez (California)

Attorneys(s) for Plaintiff

Bauer, Steven (California)

Chiu, Aaron T. (California)

Derrick, David (California)

Hubbard, Katherine (District of Columbia)

Huseny, Sadik Harry (California)

Karakatsanis, Alec (District of Columbia)

Sevcenko, Catherine B. (District of Columbia)

Sims, Robert E. (Maryland)

Telfeyan, Phil (District of Columbia)

Toney, Clare Kathleen (California)

Tough, Margaret (California)

Young, Tyler Paul (California)

Zisser, Aaron B. (California)

Attorneys(s) for Defendant

Goldman, Jeremy Michael (California)

Gupta, Neha (California)

Herrera, Dennis J. (California)

Steeley, Tara M. (California)

Zelidon-Zapeda, Jose Alfonso (California)

Other Attorney(s)

Baughman, Krista Lee (California)

Baum, Brandon D. (California)

Dhillon, Harmeet K. (California)

McCord, Mary B. (District of Columbia)

Michael, Gregory Richard (California)

Documents in the Clearinghouse

Document

4:15-cv-04959

Docket [PACER]

Jan. 8, 2020

Jan. 8, 2020

Docket
1

4:15-cv-04959

Class Action Complaint

Oct. 28, 2015

Oct. 28, 2015

Complaint
13

4:15-cv-04959

Order Denying Motion for Temporary Restraining Order and Setting Teleconference

Oct. 30, 2015

Oct. 30, 2015

Order/Opinion
55

4:15-cv-04959

Order on Pending Motions [Re: Dkt. Nos. 2, 7, 20, 26, 41]

Feb. 1, 2016

Feb. 1, 2016

Order/Opinion
71

4:15-cv-04959

Third Amended Class Action Complaint

May 27, 2016

May 27, 2016

Complaint
99

4:15-cv-04959

Order on Motions to Dismiss and Motion to Intervene

Oct. 14, 2016

Oct. 14, 2016

Order/Opinion
191

4:15-cv-04959

Order Denying BCAA's Motion for Summary Judgment; Denying Plaintiffs' Motion for Summary Judgment

Biffin v. City and County of San Francisco

Jan. 16, 2018

Jan. 16, 2018

Order/Opinion
200

4:15-cv-04959

Order Granting Motion to Relate Cases

Jan. 22, 2018

Jan. 22, 2018

Order/Opinion
214

4:15-cv-04959

Order Granting Plaintiffs' Motion for Class Certification as Modified by Court

Feb. 26, 2018

Feb. 26, 2018

Order/Opinion
314

4:15-cv-04959

Order Granting Plaintiffs' Motion for Summary Judgment

March 4, 2019

March 4, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4182319/buffin-v-city-and-county-of-san-francisco/

Last updated Nov. 29, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-9950110.). Filed byRiana Buffin, Crystal Patterson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(Telfeyan, Phil) (Filed on 10/28/2015) Modified on 1/26/2016 (cpS, COURT STAFF). (Entered: 10/28/2015)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Civil Cover Sheet

View on PACER

Oct. 28, 2015

Oct. 28, 2015

RECAP
2

Emergency MOTION for Temporary Restraining Order AND Preliminary Injunction filed by Riana Buffin, Crystal Patterson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Telfeyan, Phil) (Filed on 10/28/2015) Modified on 10/30/2015 (fs, COURT STAFF). Modified on 10/30/2015 (fs, COURT STAFF). (Entered: 10/28/2015)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

Oct. 28, 2015

Oct. 28, 2015

PACER
3

Proposed Summons. (Telfeyan, Phil) (Filed on 10/28/2015) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
4

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Riana Buffin, Crystal Patterson.. (Telfeyan, Phil) (Filed on 10/28/2015) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
5

Case assigned to Hon. Yvonne Gonzalez Rogers. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 10/28/2015) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
6

Proposed Summons. (Telfeyan, Phil) (Filed on 10/28/2015) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
7

MOTION to Certify Class filed by Riana Buffin, Crystal Patterson. Motion Hearing set for 12/1/2015 02:00 PM before Hon. Yvonne Gonzalez Rogers. Responses due by 11/12/2015. Replies due by 11/19/2015. (Attachments: # 1 Exhibit 1)(Telfeyan, Phil) (Filed on 10/28/2015) (Entered: 10/28/2015)

1 Exhibit 1

View on PACER

Oct. 28, 2015

Oct. 28, 2015

PACER
8

CLERK'S NOTICE VACATING HEARING DATE ON MOTION TO CERTIFY CLASS [DKT. NO. 7] AS HEARING DATE IS LESS THAN 35 DAYS.Counsel is to file a re-notice of motion for 35 days on a Tuesday at 2:00pm before Judge Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 10/29/2015) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
9

CERTIFICATE OF SERVICE by Riana Buffin, Crystal Patterson re 1 Complaint, (Telfeyan, Phil) (Filed on 10/29/2015) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
10

CERTIFICATE OF SERVICE by Riana Buffin, Crystal Patterson re 2 Emergency MOTION for Temporary Restraining Order (Telfeyan, Phil) (Filed on 10/29/2015) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
11

Summons Issued as to Office of the City Attorney, Office of the Attorney General, Office of the Mayor. (Attachments: # 1 Summons)(cpS, COURT STAFF) (Filed on 10/29/2015) (Entered: 10/29/2015)

1 Summons

View on PACER

Oct. 29, 2015

Oct. 29, 2015

PACER
12

Renotice motion hearing re 7 MOTION to Certify Class to December 8 at 2pm filed byRiana Buffin, Crystal Patterson. (Related document(s) 7 ) (Telfeyan, Phil) (Filed on 10/29/2015) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
13

ORDER by Judge Yvonne Gonzalez Rogers denying 2 Motion for Temporary Restraining Order and Setting Teleconference. (fs, COURT STAFF) (Filed on 10/30/2015) (Entered: 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

RECAP
14

CERTIFICATE OF SERVICE by Riana Buffin, Crystal Patterson re 11 Summons Issued, 1 Complaint, (Telfeyan, Phil) (Filed on 10/30/2015) (Entered: 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

PACER
15

CERTIFICATE OF SERVICE by Riana Buffin, Crystal Patterson re 7 MOTION to Certify Class (Telfeyan, Phil) (Filed on 10/30/2015) (Entered: 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

PACER

Set Motion and Deadlines/Hearings

Oct. 30, 2015

Oct. 30, 2015

PACER

Set/Reset Deadlines as to 7 MOTION to Certify Class . Motion Hearing set for 12/8/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Briefing dates remain in place. (fs, COURT STAFF) (Filed on 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

PACER
16

NOTICE of Appearance by Jose Alfonso Zelidon-Zepeda DEFENDANT STATE OF CALIFORNIA'S NOTICE OF APPEARANCE (Zelidon-Zepeda, Jose) (Filed on 11/2/2015) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
17

NOTICE of Appearance by Jeremy Michael Goldman FOR DEFENDANT CITY AND COUNTY OF SAN FRANCISCO (Goldman, Jeremy) (Filed on 11/4/2015) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
18

Minute Entry for proceedings held before Hon. Yvonne Gonzalez Rogers: Telephone Conference held on 11/4/2015.Motion for Preliminary Injunction 2 : Responses due by 11/23/2015. Replies due by NOON on 12/2/2015. Motion for Preliminary Injunction Hearing set for WEDNESDAY, 12/16/2015 09:30 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Motion to Certify Class 7 : Responses due 11/13/15; Reply due 11/20/15; Motion to Certify Class Hearing set for WEDNESDAY, 12/16/2015 at 09:30 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers.Court Reporter Name NOT REPORTED. Plaintiff Attorney Phil Telfeyan and Katherine Hubbard. Defendant Attorney Jeremy Goldman and Jose Zelidon-Zepeda. Attachment Minutes.(fs, COURT STAFF) (Date Filed: 11/4/2015) (Entered: 11/05/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
19

ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE.Set/Reset Deadlines as to 2 Motion for Preliminary Injunction;Responses due 11/23/15; Replies Due 12/2/15 by NOON. Motion for Preliminary Injunction set for WEDNESDAY, 12/16/15 at 09:30 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Set/Reset Deadlines as to 7 MOTION to Certify Class . Responses due by 11/13/2015. Replies due by 11/20/2015. Motion to Certify Class Hearing set for WEDNESDAY, 12/16/2015 09:30 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers.Defendants' deadline to respond to the Complaint is 11/23/15. Signed by Judge Yvonne Gonzalez Rogers on 11/4/15. (fs, COURT STAFF) (Filed on 11/4/2015) (Entered: 11/05/2015)

Nov. 4, 2015

Nov. 4, 2015

RECAP
20

MOTION to Dismiss; Memorandum of Points and Authorities filed by State of California. Motion Hearing set for 1/15/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 11/27/2015. Replies due by 12/4/2015. (Attachments: # 1 Proposed Order)(Zelidon-Zepeda, Jose) (Filed on 11/12/2015) Modified on 11/13/2015 (cpS, COURT STAFF). (Entered: 11/12/2015)

1 Proposed Order

View on PACER

Nov. 12, 2015

Nov. 12, 2015

PACER

Set/Reset Deadlines as to 20 MOTION to Dismiss Defendant State of California's Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities. Motion Hearing set for 1/5/2016 02:00 PM before Hon. Yvonne Gonzalez Rogers. (cpS, COURT STAFF) (Filed on 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER

Set Motion and Deadlines/Hearings

Nov. 12, 2015

Nov. 12, 2015

PACER
21

RESPONSE (re 7 MOTION to Certify Class ) SAN FRANCISCO'S OPPOSITION TO PLAINTIFFS' MOTION TO CERTIFY CLASS filed byCity and County of San Francisco. (Goldman, Jeremy) (Filed on 11/13/2015) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
22

Declaration of LIEUTENANT JOHN RAMIREZ IN SUPPORT OF SAN FRANCISCO'S OPPOSITION TO 7 MOTION TO CERTIFY CLASS filed by City and County of San Francisco. (Goldman, Jeremy) (Filed on 11/13/2015) Modified on 11/16/2015 (kcS, COURT STAFF). (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
23

Proposed Order DENYING AS MOOT 7 MOTION TO CERTIFY CLASS by City and County of San Francisco. (Goldman, Jeremy) (Filed on 11/13/2015) Modified on 11/16/2015 (kcS, COURT STAFF). (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
24

RESPONSE (re 7 MOTION to Certify Class ) Defendant State of California's Opposition to Plaintiffs' Motion for Class Certification filed byState of California. (Zelidon-Zepeda, Jose) (Filed on 11/13/2015) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
25

REPLY (re 7 MOTION to Certify Class ) filed byRiana Buffin, Crystal Patterson. (Attachments: # 1 Exhibit 1)(Telfeyan, Phil) (Filed on 11/20/2015) (Entered: 11/20/2015)

1 Exhibit 1

View on PACER

Nov. 20, 2015

Nov. 20, 2015

PACER
26

NOTICE OF JOINDER IN STATE OF CALIFORNIA'S MOTION TO DISMISS UNDER RULE 12(b)(6); NOTICE AND MOTION IN THE ALTERNATIVE FOR A MORE DEFINITE STATEMENT UNDER RULE 12(e) filed by City and County of San Francisco. (Goldman, Jeremy) (Filed on 11/23/2015) Modified on 11/24/2015 (cpS, COURT STAFF). (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

RECAP
27

Proposed Order re 26 NOTICE AND MOTION IN THE ALTERNATIVE FOR A MORE DEFINITE STATEMENT UNDER RULE 12(e) by City and County of San Francisco. (Goldman, Jeremy) (Filed on 11/23/2015) Modified on 11/24/2015 (cpS, COURT STAFF). (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
28

RESPONSE (re 2 Emergency MOTION for Temporary Restraining Order ) DEFENDANT STATE OF CALIFORNIA'S OPPOSITION TO PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION filed byState of California. (Zelidon-Zepeda, Jose) (Filed on 11/23/2015) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
29

RESPONSE to Plaintiffs' Motion for a Preliminary Injunction filed byCity and County of San Francisco. (Goldman, Jeremy) (Filed on 11/23/2015) Modified on 11/24/2015 (cpS, COURT STAFF). (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
30

RESPONSE (re 20 MOTION to Dismiss ) filed byRiana Buffin, Crystal Patterson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Telfeyan, Phil) (Filed on 11/23/2015) (Entered: 11/23/2015)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Nov. 23, 2015

Nov. 23, 2015

PACER
31

MOTION for Leave to File Excess Pages for Consolidated Reply (Unopposed) filed by Riana Buffin, Crystal Patterson. (Telfeyan, Phil) (Filed on 11/30/2015) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

PACER
32

ORDER by Judge Yvonne Gonzalez Rogers granting 31 Motion for Leave to File Excess Pages for Consolidated Reply Brief (fs, COURT STAFF) (Filed on 12/1/2015) (Entered: 12/02/2015)

Dec. 1, 2015

Dec. 1, 2015

RECAP
33

REPLY re 2 Motion for Preliminary Injunction by Riana Buffin, Crystal Patterson. (Attachments: # 1 Exhibit 1)(Telfeyan, Phil) (Filed on 12/2/2015) Modified on 12/2/2015 (cpS, COURT STAFF). (Entered: 12/02/2015)

1 Exhibit 1

View on PACER

Dec. 2, 2015

Dec. 2, 2015

PACER
34

Proposed Order re 2 Motion for Preliminary Injunction by Riana Buffin, Crystal Patterson. (Telfeyan, Phil) (Filed on 12/2/2015) Modified on 12/2/2015 (cpS, COURT STAFF). (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
35

Proposed Order re 7 MOTION to Certify Class by Riana Buffin, Crystal Patterson. (Telfeyan, Phil) (Filed on 12/2/2015) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
36

REPLY SUPPORTING (re 20 MOTION to Dismiss ) filed byState of California. (Zelidon-Zepeda, Jose) (Filed on 12/3/2015) Modified on 12/4/2015 (cpS, COURT STAFF). (Entered: 12/03/2015)

Dec. 3, 2015

Dec. 3, 2015

PACER
37

RESPONSE to re 26 Motion for a More Definite Statement by Riana Buffin, Crystal Patterson. (Telfeyan, Phil) (Filed on 12/7/2015) Modified on 12/8/2015 (cpS, COURT STAFF). (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
38

CLERK'S NOTICE RESETTING MOTION HEARINGS. The hearing on Plaintiffs' Motion for Preliminary Injunction (Dkt. No. 2) and Plaintiffs' Motion for Class Certification (Dkt. No. 7) currently scheduled for 12/16/15 is hereby CONTINUED to Wednesday, January 6, 2016 at 2:00 p.m. The hearing on Defendants' Motion to Dismiss (Dkt. No. 20) and Motion for More Definite Statement (Dkt. No. 27) currently scheduled for 1/5/16 is likewise CONTINUED to Wednesday, January 6, 2016 at 2:00 p.m. All motions to be addressed at the same hearing.Set/Reset Deadlines as to 7 MOTION to Certify Class 20 MOTION to Dismiss. Motion Hearing re-set for 1/6/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 12/8/2015) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER

Set Motion and Deadlines/Hearings No NEF

Dec. 9, 2015

Dec. 9, 2015

PACER

***See dkt # 38 . Set/Reset Deadlines as to 26 MOTION for More Definite Statement. Motion Hearing set for 1/6/2016 02:00 PM before Hon. Yvonne Gonzalez Rogers. (cpS, COURT STAFF) (Filed on 12/9/2015) Modified on 12/10/2015 (cpS, COURT STAFF).

Dec. 9, 2015

Dec. 9, 2015

PACER
39

REPLY (re 26 MOTION for More Definite Statement ) filed byCity and County of San Francisco. (Goldman, Jeremy) (Filed on 12/14/2015) Modified on 12/15/2015 (cpS, COURT STAFF). (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
40

ORDER REQUIRING SUPPLEMENTAL BRIEFING; CONTINUING HEARING re 20 MOTION to Dismiss filed by State of California, Set/Reset Deadlines as to 20 MOTION to Dismiss, 26 Joinder in Motion to Dismiss; MOTION for More Definite Statement. Motion Hearing set for 1/6/2016 is CONTINUED to 1/26/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 12/18/15. (fs, COURT STAFF) (Filed on 12/18/2015) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

RECAP

Set/Reset Hearing Motion for Preliminary Injunction 2 Hearing set for 1/26/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER

Set/Reset Hearings

Dec. 18, 2015

Dec. 18, 2015

PACER
41

MOTION to Intervene filed by California Bail Agents Association. Motion Hearing set for 1/26/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 1/4/2016. Replies due by 1/11/2016. (Attachments: # 1 Declaration Supporting Declaration of Maggie Kreins, # 2 Proposed Order)(Baum, Brandon) (Filed on 12/21/2015) Modified on 12/22/2015 (cpS, COURT STAFF). (Entered: 12/21/2015)

1 Declaration Supporting Declaration of Maggie Kreins

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2 Proposed Order

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Dec. 21, 2015

Dec. 21, 2015

RECAP
42

NOTICE of Appearance by Harmeet K. Dhillon (Dhillon, Harmeet) (Filed on 12/21/2015) Modified on 12/22/2015 (cpS, COURT STAFF). (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
43

CLERK'S NOTICE RESETTING MOTION HEARINGS. The hearing on Plaintiffs' Motion for Preliminary Injunction (Dkt. No. 2) and Plaintiffs' Motion for Class Certification (Dkt. No. 7) currently scheduled for 1/6/2016 is hereby CONTINUED to Tuesday, January 26, 2016 at 2:00 p.m; All motions to be addressed at the same hearing.Set/Reset Deadlines as to 2 MOTION for Preliminary Injunction; 7 MOTION to Certify Class . Motion Hearing set for 1/26/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry.), (fs, COURT STAFF) (Filed on 12/29/2015) (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
44

Statement of Non-Opposition to California Bail Agents Association's Motion to Intervene filed byState of California. (Zelidon-Zepeda, Jose) (Filed on 12/30/2015) (Entered: 12/30/2015)

Dec. 30, 2015

Dec. 30, 2015

PACER
45

MOTION Allow Pro Hac Vice Admission filed by Riana Buffin, Crystal Patterson. Responses due by 1/14/2016. Replies due by 1/21/2016. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Telfeyan, Phil) (Filed on 12/31/2015) (Entered: 12/31/2015)

1 Exhibit 1

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2 Exhibit 2

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Dec. 31, 2015

Dec. 31, 2015

PACER
46

RESPONSE (re 41 MOTION to Intervene ) filed byCity and County of San Francisco. (Goldman, Jeremy) (Filed on 1/4/2016) (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

PACER
47

RESPONSE (re 41 MOTION to Intervene ) filed byRiana Buffin, Crystal Patterson. (Telfeyan, Phil) (Filed on 1/4/2016) (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

PACER
48

ORDER granting re [45-2] MOTION Allow Pro Hac Vice Admission as to Alexander Karakatsanis representing Plaintiffs filed by Riana Buffin, Crystal Patterson. Signed by Judge Yvonne Gonzalez Rogers on 1/5/16. (fs, COURT STAFF) (Filed on 1/5/2016) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

RECAP
49

SUPPLEMENTAL BRIEF RE: ABSTENTION filed byState of California. (Zelidon-Zepeda, Jose) (Filed on 1/6/2016) Modified on 1/7/2016 (cpS, COURT STAFF). (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER
50

Supplemental Brief regarding the inapplicability of Younger Abstention filed byRiana Buffin, Crystal Patterson. (Attachments: # 1 Exhibit 1) (Telfeyan, Phil) (Filed on 1/6/2016) Modified on 1/7/2016 (cpS, COURT STAFF). (Entered: 01/06/2016)

1 Exhibit 1

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Jan. 6, 2016

Jan. 6, 2016

PACER
51

REPLY (re 41 MOTION to Intervene ) filed byCalifornia Bail Agents Association. (Baum, Brandon) (Filed on 1/11/2016) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
52

Reply Brief Re: Abstention byState of California. (Zelidon-Zepeda, Jose) (Filed on 1/13/2016) Modified on 1/14/2016 (cpS, COURT STAFF). (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
53

RESPONSE Brief regarding the Inapplicability of Younger Abstention filed byRiana Buffin, Crystal Patterson. (Telfeyan, Phil) (Filed on 1/13/2016) Modified on 1/14/2016 (cpS, COURT STAFF). (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
54

Minute Entry for proceedings held before Hon. Yvonne Gonzalez Rogers: Motion Hearing held on 1/26/2016. re 2 MOTION for Preliminary Injunction filed by Riana Buffin, Crystal Patterson, 20 MOTION to Dismiss filed by State of California, 41 MOTION to Intervene filed by California Bail Agents Association, 7 MOTION to Certify Class filed by Riana Buffin, Crystal Patterson, 26 Joinder in Motion to Dismiss; MOTION for More Definite Statement filed by City and County of San Francisco. Total Time in Court 33 minutes. Court Reporter Name Raynee Mercado. Plaintiff Attorney Phil Telfeyan and Katherine Hubbard. Defendant Attorney Jeremy Goldman, Jose Zelidon-Zepeda, Brandon Baum. Attachment Minutes.(fs, COURT STAFF) (Date Filed: 1/26/2016) (Entered: 01/28/2016)

Jan. 26, 2016

Jan. 26, 2016

PACER
55

ORDER by Judge Yvonne Gonzalez Rogers denying as premature 41 Motion to Intervene; denying without prejudice 7 Motion to Certify Class; granting in part and denying in part 20 Motion to Dismiss; granting 26 Motion for More Definite Statement ; denying without prejudice 2 Motion for preliminary Injunction. Plaintiffs shall file an amended complaint no later than 2/25/2016. (fs, COURT STAFF) (Filed on 2/1/2016) (Entered: 02/01/2016)

Feb. 1, 2016

Feb. 1, 2016

RECAP
56

NOTICE OF PENDENCY OF OTHER ACTION (Goldman, Jeremy) (Filed on 2/5/2016) Modified on 2/8/2016 (cpS, COURT STAFF). (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
57

Transcript of Proceedings held on January 26, 2016, before Judge Yvonne Gonzalez Rogers. Court Reporter Raynee H. Mercado, CSR, telephone number 510-502-6175, cacsr8258@gmail.com, raynee_mercado@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter 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 5/10/2016. (rhm) (Filed on 2/10/2016) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER
58

AMENDED COMPLAINT against City and County of San Francisco. Filed byRiana Buffin, Crystal Patterson. (Telfeyan, Phil) (Filed on 2/25/2016) (Entered: 02/25/2016)

Feb. 25, 2016

Feb. 25, 2016

RECAP
59

TRANSCRIPT ORDER by City and County of San Francisco for Court Reporter Raynee Mercado. (Goldman, Jeremy) (Filed on 2/29/2016) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
60

STIPULATION WITH PROPOSED ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO AMENDED COMPLAINT PENDING FILING OF SECOND AMENDED COMPLAINT filed by City and County of San Francisco. (Goldman, Jeremy) (Filed on 3/11/2016) Modified on 3/14/2016 (kcS, COURT STAFF). (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
61

ORDER by Judge Yvonne Gonzalez Rogers granting 60 Stipulation Extending Time to Respond [AS MODIFIED BY THE COURT].(fs, COURT STAFF) (Filed on 3/11/2016) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
62

SECOND AMENDED COMPLAINT against City and County of San Francisco. Filed byRiana Buffin, Crystal Patterson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Telfeyan, Phil) (Filed on 3/17/2016) Modified on 3/18/2016 (kcS, COURT STAFF). (Entered: 03/17/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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March 17, 2016

March 17, 2016

PACER
63

MOTION to Dismiss PLAINTIFFS' SECOND AMENDED COMPLAINT UNDER RULE 12(b)(6) OR IN THE ALTERNATIVE MOTION FOR A MORE DEFINITE STATEMENT UNDER RULE 12(e)MEMORANDUM OF POINTS & AUTHORITIES filed by City and County of San Francisco. Motion Hearing set for 5/10/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 4/14/2016. Replies due by 4/21/2016. (Goldman, Jeremy) (Filed on 3/31/2016) Modified on 4/1/2016 (cpS, COURT STAFF). Modified on 4/1/2016 (cpS, COURT STAFF). (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

PACER
64

Proposed Order re 63 MOTION to Dismiss PLAINTIFFS' SECOND AMENDED COMPLAINT UNDER RULE 12(b)(6) by City and County of San Francisco. (Goldman, Jeremy) (Filed on 3/31/2016) Modified on 4/1/2016 (cpS, COURT STAFF). (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

PACER
65

Proposed Order re 63 MOTION FOR A MORE DEFINITE STATEMENT UNDER RULE 12(e) by City and County of San Francisco. (Goldman, Jeremy) (Filed on 3/31/2016) Modified on 4/1/2016 (cpS, COURT STAFF). (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

PACER
66

RESPONSE (re 63 MOTION to Dismiss PLAINTIFFS' SECOND AMENDED COMPLAINT UNDER RULE 12(b)(6) OR IN THE ALTERNATIVE MOTION FOR A MORE DEFINITE STATEMENT UNDER RULE 12(e) ) filed byRiana Buffin, Crystal Patterson. (Telfeyan, Phil) (Filed on 4/14/2016) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
67

REPLY (re 63 MOTION to Dismiss PLAINTIFFS' SECOND AMENDED COMPLAINT UNDER RULE 12(b)(6) OR IN THE ALTERNATIVE MOTION FOR A MORE DEFINITE STATEMENT UNDER RULE 12(e) ) filed byCity and County of San Francisco. (Goldman, Jeremy) (Filed on 4/21/2016) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
68

Request for Judicial Notice re 67 Reply to Opposition/Response, DECLARATION OF JEREMY M. GOLDMAN filed byCity and County of San Francisco. (Attachments: # 1 Exhibit 1)(Related document(s) 67 ) (Goldman, Jeremy) (Filed on 4/21/2016) (Entered: 04/21/2016)

1 Exhibit 1

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April 21, 2016

April 21, 2016

PACER
69

MOTION for Leave to File Surreply filed by Riana Buffin, Crystal Patterson. (Attachments: # 1 Exhibit Proposed Surreply)(Telfeyan, Phil) (Filed on 5/3/2016) (Entered: 05/03/2016)

1 Exhibit Proposed Surreply

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May 3, 2016

May 3, 2016

PACER
70

ORDER by Judge Yvonne Gonzalez Rogers denying as moot 63 Motion to Dismiss; granting in part 69 Motion for Leave to File surreply. The hearing set for May 10, 2016 is VACATED. Plaintiffs shall file a third amended complaint no later than May 27, 2016 (fs, COURT STAFF) (Filed on 5/6/2016) Modified on 5/9/2016 (cpS, COURT STAFF). (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

RECAP
71

THIRD AMENDED COMPLAINT against City and County of San Francisco, Vicki Hennessy, Kamala Harris. Filed byRiana Buffin, Crystal Patterson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Telfeyan, Phil) (Filed on 5/27/2016) Modified on 5/31/2016 (cpS, COURT STAFF). (Entered: 05/27/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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May 27, 2016

May 27, 2016

RECAP
72

Proposed Summons. (Attachments: # 1 Summons)(Hubbard, Katherine) (Filed on 6/1/2016) (Entered: 06/01/2016)

1 Summons

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June 1, 2016

June 1, 2016

PACER
73

Summons Issued as to Kamala Harris, Vicki Hennessy. (cpS, COURT STAFF) (Filed on 6/2/2016) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
74

STIPULATION WITH PROPOSED ORDER EXTENDING SAN FRANCISCO'S TIME TO RESPOND TO THIRD AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE ON MOTIONS TO DISMISS filed by City and County of San Francisco, Vicki Hennessy, Riana Buffin, Crystal Patterson. (Goldman, Jeremy) (Filed on 6/9/2016) Modified on 6/10/2016 (cpS, COURT STAFF). (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
75

ORDER by Judge Yvonne Gonzalez Rogers granting 74 Stipulation [*AS MODIFIED BY THE COURT*]. (fs, COURT STAFF) (Filed on 6/13/2016) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
76

MOTION to Dismiss THIRD AMENDED COMPLAINT BY DEFENDANTS SAN FRANCISCO AND SHERIFF HENNESSY; MEMORANDUM OF POINTS AND AUTHORITIES filed by City and County of San Francisco, Vicki Hennessy. Motion Hearing set for 8/16/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 7/7/2016. Replies due by 7/14/2016. (Goldman, Jeremy) (Filed on 6/23/2016) Modified on 6/24/2016 (cpS, COURT STAFF). (Entered: 06/23/2016)

June 23, 2016

June 23, 2016

PACER
77

MOTION to Dismiss Plaintiffs' Third Amended Complaint; Memorandum of Points and Authorities filed by Kamala Harris. Motion Hearing set for 8/16/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 7/7/2016. Replies due by 7/14/2016. (Attachments: # 1 Proposed Order)(Zelidon-Zepeda, Jose) (Filed on 6/23/2016) Modified on 6/24/2016 (cpS, COURT STAFF). (Entered: 06/23/2016)

1 Proposed Order

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June 23, 2016

June 23, 2016

RECAP
78

Request for Judicial Notice re 77 MOTION to Dismiss filed byKamala Harris. (Attachments: # 1 Exhibit)(Related document(s) 77 ) (Zelidon-Zepeda, Jose) (Filed on 6/23/2016) Modified on 6/24/2016 (cpS, COURT STAFF). (Entered: 06/23/2016)

1 Exhibit

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June 23, 2016

June 23, 2016

PACER
79

Proposed Order re 76 MOTION to Dismiss THIRD AMENDED COMPLAINT by City and County of San Francisco, Vicki Hennessy. (Goldman, Jeremy) (Filed on 6/24/2016) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
80

CERTIFICATE OF SERVICE by Kamala Harris re 77 MOTION to Dismiss Third Amended Complaint, 78 Request for Judicial Notice, 79 Proposed Order Granting Defendant Attorney General Kamala Harris' Motion to Dismiss (Zelidon-Zepeda, Jose) (Filed on 6/24/2016) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
81

Second MOTION to Intervene as Defendant filed by California Bail Agents Association. Motion Hearing set for 8/16/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 7/20/2016. Replies due by 7/27/2016. (Attachments: # 1 Declaration, # 2 Proposed Order)(Dhillon, Harmeet) (Filed on 7/6/2016) (Entered: 07/06/2016)

1 Declaration

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2 Proposed Order

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July 6, 2016

July 6, 2016

RECAP
82

RESPONSE (re 76 MOTION to Dismiss THIRD AMENDED COMPLAINT ) filed byRiana Buffin, Crystal Patterson. (Attachments: # 1 Proposed Order)(Telfeyan, Phil) (Filed on 7/12/2016) (Entered: 07/12/2016)

1 Proposed Order

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July 12, 2016

July 12, 2016

PACER
83

RESPONSE (re 77 MOTION to Dismiss Third Amended Complaint ) filed byRiana Buffin, Crystal Patterson. (Attachments: # 1 Proposed Order)(Telfeyan, Phil) (Filed on 7/12/2016) (Entered: 07/12/2016)

1 Proposed Order

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July 12, 2016

July 12, 2016

PACER
84

REPLY (re 77 MOTION to Dismiss Third Amended Complaint ) filed byKamala Harris. (Zelidon-Zepeda, Jose) (Filed on 7/19/2016) Modified on 7/20/2016 (cpS, COURT STAFF). (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
85

Statement of Non-Opposition to California Bail Agents Association's Second Motion to Intervene filed byKamala Harris. (Zelidon-Zepeda, Jose) (Filed on 7/19/2016) Modified on 7/20/2016 (cpS, COURT STAFF). (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
86

REPLY (re 76 MOTION to Dismiss THIRD AMENDED COMPLAINT ) filed byCity and County of San Francisco, Vicki Hennessy. (Goldman, Jeremy) (Filed on 7/19/2016) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
87

RESPONSE (re 81 Second MOTION to Intervene as Defendant ) filed byCity and County of San Francisco, Vicki Hennessy. (Goldman, Jeremy) (Filed on 7/19/2016) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
88

RESPONSE (re 81 Second MOTION to Intervene as Defendant ) filed byRiana Buffin, Crystal Patterson. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Telfeyan, Phil) (Filed on 7/20/2016) (Entered: 07/20/2016)

1 Exhibit 1

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2 Proposed Order

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July 20, 2016

July 20, 2016

PACER
89

REPLY (re 81 Second MOTION to Intervene as Defendant ) filed byCalifornia Bail Agents Association. (Dhillon, Harmeet) (Filed on 7/27/2016) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

PACER
90

ORDER REQUIRING SUPPLEMENTAL SUBMISSIONS; CONTINUING HEARING re 77 MOTION to Dismiss Third Amended Complaint filed by Kamala Harris, 81 Second MOTION to Intervene as Defendant filed by California Bail Agents Association, 76 MOTION to Dismiss THIRD AMENDED COMPLAINT filed by Vicki Hennessy, City and County of San Francisco. Signed by Judge Yvonne Gonzalez Rogers on 8/11/16. (fs, COURT STAFF) (Filed on 8/11/2016) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

RECAP

If the City confirms that such a program has been implemented, then the hearing on Motions will take place: Set/Reset Hearing re 90 Order, Motion Hearing set for 9/13/2016 09:00 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 8/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER

Set/Reset Hearings

Aug. 11, 2016

Aug. 11, 2016

PACER

Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 28, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Arrestees imprisoned in county jail because they are unable to pay the amount of money set by the fixed “bail schedule” used by San Francisco in order to obtain release.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City and County of San Francisco (San Francisco), County

State of California, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Monitoring

Issues

General:

Courts

Disparate Impact

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Poverty/homelessness