Case: Anti Police-Terror Project v. Oakland

3:20-cv-03866 | U.S. District Court for the Northern District of California

Filed Date: June 11, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action lawsuit was filed on June 11, 2020 in the U.S. District Court for the Northern District of California. Plaintiffs were the Anti-Police Terror Project, Community Ready Corps, and several individuals. Defendants were the City of Oakland, the Oakland Police Department (OPD) Police Chief, an OPD Sergeant, and two OPD officers. The suit followed police actions to quell protests that arose after the police killing of George Floyd in Minneapolis. Plaintiffs were represented counsel f…

This class action lawsuit was filed on June 11, 2020 in the U.S. District Court for the Northern District of California. Plaintiffs were the Anti-Police Terror Project, Community Ready Corps, and several individuals. Defendants were the City of Oakland, the Oakland Police Department (OPD) Police Chief, an OPD Sergeant, and two OPD officers. The suit followed police actions to quell protests that arose after the police killing of George Floyd in Minneapolis. Plaintiffs were represented counsel from the National Lawyers Guild and the following private firms: Law Officer of Walter Riley; Siegel, Yee, Brunner & Mehta. The complaint alleged that Oakland police used tear gas, flash-bang grenades, and rubber bullets to disperse peaceful protests. Their suit was brought under 42 U.S.C. § 1983. Specifically, they claimed that the actions of the OPD in quelling the protests were in violation of their:

  • First Amendment rights to free speech, free assembly, and free association;
  • Fourth Amendment rights against excessive force and unlawful seizure;
  • Fourteenth Amendment rights to substantive due process.

They also said that the city was liable for failure to select, train, and supervise the police department.

Plaintiffs sought a temporary restraining order which would prohibit the use of pepper spray, flash-bang grenades, rubber bullets, and non-lethal weapons. They also sought a preliminary and permanent injunction to prohibit the alleged constitutional violations in the future. They also sought declaratory relief and money damages to be determined at a later date.

On June 12, 2020 the case was assigned to Magistrate Judge Joseph C. Spero. Through the next week, plaintiffs submitted proposals for temporary restraining orders, and on June 18, 2020 Judge Spero granted the order. It prohibited use of tear gas and chemical irritants, flash-bang grenades, and rubber bullets except upon decision of an Operations Commander or Incident Commander in the OPD.

After a series of hearings on the matter, on July 29 the court entered a preliminary injunction against the defendants to prohibit the OPD from using "less-lethal" weapons except in very limited settings, mandating that they wear body cameras, and requiring further training. 2020 WL 4346828. The provisions in the injunction were largely agreed upon by both parties during the hearings. However, the parties disagreed about the extent to which "mutual aid partners" would be bound by the preliminary injunction. During protests, the OPD had used mutual aid from other police departments and municipalities. The Court's subsequent opinion explained that because no mutual aid partners were defendants, the Court could not issue injunctive relief binding on mutual aid partners. 477 F.Supp.3d 1066. However, because under California law OPD officers were to remain in charge when using mutual aid, the Court included provisions in the preliminary injunction to ensure OPD officers remain in charge and that OPD would ensure that mutual aid partners do not use tactics inconsistent with the preliminary injunction.

The plaintiffs filed a motion to enforce and modify the preliminary injunction and for sanctions on October 7, 2020. The plaintiffs alleged that the City violated the preliminary injunction by deploying chemical agents and projectiles in a prohibited way, kettling peaceful protestors, and failing to maintain social distance during protests that followed the shooting of Jacob Black by a Kenosha police officer on August 23 and the failure to indict any police officers for the death of Breonna Taylor on September 25. At the Court's order, the plaintiffs submitted a proposed order on October 21 explaining their requested changes to the preliminary injunction. In their proposed order, the plaintiffs sought $100,000 in sanctions and several modifications to the list of items prohibited from use by the OPD and corresponding changes in training.

The City responded with a cross-motion to modify the preliminary injunction. The City disputed that it violated the injunction and sought changes to the mutual aid section of the injunction. The City said that after OPD informed its mutual aid partners of the preliminary injunction, many of its partners responded that they would no longer provide mutual aid. The City argued that it expected significant, extended protests with the upcoming presidential election and asked the Court to suspend the mutual aid section of the preliminary injunction and clarify that the injunction did not bind mutual aid partners.

The Court denied the plaintiffs' motion to modify the preliminary injunction and instead granted the defendants' motion to modify the injunction on October 31, 2020. 2020 WL 6381358. The Court acknowledged the concern of large-scale demonstrations with the presidential election and the potential challenges the OPD would face in policing such large-scale demonstrations without mutual aid. It found that the combination of the lack of mutual aid and the potential demonstrations was a significant change in the facts meriting a change in the injunction to properly balance the equities of the parties and the public interest. OPD officers still were required to ensure that mutual aid partners were briefed on OPD's prohibited weapons and force to the extent possible.

The plaintiffs filed an amended complaint on October 20. In the amended complaint, they added numerous individual plaintiffs. In addition, they added claims alleging assault, battery, false arrest, false imprisonment, negligence, and violations of their rights under the California Constitution. The factual allegations and sought after relief remained largely the same.

Magistrate Judge Spero denied plaintiffs' motion for class certification, without prejudice, on October 18, 2021. 2021 WL 4846958. Magistrate Judge Spero found the proposed class overbroad because it included peaceful and non-peaceful protestors alike as well protestors who were harmed by OPD and mutual aid officers.

On February 1, 2022, the magistrate judge granted the parties' stipulated class. The class, certified under FRCP 23(b)(2), covered:

All persons injured by tear gas deployed by the Oakland Police Department or its mutual aid partners during the George Floyd protests on May 29-31, and June 1, 2020, while protesting peacefully in the City of Oakland, with respect to their claims against the City of Oakland for violations of their rights under the First Amendment, Fourth Amendment (excessive force), and Fourteenth Amendment to the United States Constitution and their state law claims of assault and battery, negligence, and violation of the Bane Act (Civil Code § 52.1).

A jury trial is set for May 24, 2022, and this case remains on-going pending on-going settlement talks.

Summary Authors

Jack Hibbard (7/20/2020)

Emily Kempa (1/2/2021)

Jordan Katz (5/2/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17243711/parties/anti-police-terror-project-v-city-of-oakland/


Judge(s)

Beeler, Laurel (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Brunner, Jane (California)

Burch, James Douglas (California)

Johns, Emily Rose Naomi (California)

Kim, Andrew Chan (California)

Mehta, Sonya (California)

Riley, Walter Phillip (California)

Siegel, Daniel Mark (California)

Weills, Anne Butterfield (California)

Judge(s)

Beeler, Laurel (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Brunner, Jane (California)

Burch, James Douglas (California)

Johns, Emily Rose Naomi (California)

Kim, Andrew Chan (California)

Mehta, Sonya (California)

Riley, Walter Phillip (California)

Siegel, Daniel Mark (California)

Weills, Anne Butterfield (California)

Attorneys(s) for Defendant

Mclaughlin, Kevin P. (California)

Pereda, David Alejandro (California)

Documents in the Clearinghouse

Document

3:20-cv-03866

Docket [PACER]

Anti-Police Terror Project v. City of Oakland

Dec. 23, 2020

Dec. 23, 2020

Docket
1

3:20-cv-03866

Verified Application for a Temporary Restraining Order and Class Action Complaint for Damages and Injunctive and Declaratory Relief

Anti Police-Terror Project v. City of Oakland

June 11, 2020

June 11, 2020

Complaint
34

3:20-cv-03866

Order Granting Motion for Temporary Restraining Order and Order to Show Cause

Anti Police-Terror Project v. City of Oakland

June 18, 2020

June 18, 2020

Order/Opinion
52

3:20-cv-03866

Preliminary Injunction

Anti Police-Terror Project v. City of Oakland

2020 WL 4346828

July 29, 2020

July 29, 2020

Order/Opinion
54

3:20-cv-03866

Order Granting in Part and Denying in Part Motion for Preliminary Injunction

Anti-Police Terror Project v. City of Oakland

477 F.Supp.3d 1066, 2020 WL 4584185

Aug. 10, 2020

Aug. 10, 2020

Order/Opinion
71

3:20-cv-03866

First Amended Class Action Complaint for Damages and Injunctive and Declaratory Relief

Anti Police-Terror Project v. City of Oakland

Oct. 20, 2020

Oct. 20, 2020

Pleading / Motion / Brief
82

3:20-cv-03866

Amended Preliminary Injunction

Anti Police-Terror Project v. City of Oakland

Oct. 28, 2020

Oct. 28, 2020

Order/Opinion
83

3:20-cv-03866

Order Denying Plaintiffs' Motion to Enforce and Modify, and Granting in Part Defendant City of Oakland's Cross-Motion to Modify, Preliminary Injunction

Anti Police-Terror Project v. City of Oakland

2020 WL 6381358

Oct. 31, 2020

Oct. 31, 2020

Order/Opinion
124

3:20-cv-03866

Order Denying Motion for Class Certification without Prejudice

Anti Police-Terror Project v. City of Oakland

2021 WL 4846958

Oct. 18, 2021

Oct. 18, 2021

Order/Opinion
139

3:20-cv-03866

Stipulation and Proposed Order to Class Certification

Anti Police-Terror Project v. City of Oakland

Jan. 6, 2022

Jan. 6, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17243711/anti-police-terror-project-v-city-of-oakland/

Last updated July 24, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Verified Application for a Temporary Restraining Order and Class Action Complaint for Damages and Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 400, receipt number 0971-14568643.). Filed byAZIZE NGO, AKIL RILEY, JENNIFER LI, COMMUNITY READY CORPS, ANTI POLICE-TERROR PROJECT, IAN McDONNELL, NICO NADA. (Attachments: # 1 Civil Cover Sheet)(Siegel, Daniel) (Filed on 6/11/2020) (Entered: 06/11/2020)

1 Civil Cover Sheet

View on RECAP

June 11, 2020

June 11, 2020

RECAP
2

Proposed Summons. (Siegel, Daniel) (Filed on 6/11/2020) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

RECAP
3

Case assigned to Magistrate Judge Joseph C. Spero. 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. Consent/Declination due by 6/26/2020. (mbcS, COURT STAFF) (Filed on 6/12/2020) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/4/2020. Initial Case Management Conference set for 9/11/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. (fabS, COURT STAFF) (Filed on 6/12/2020) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

RECAP
5

Summons Issued as to CITY OF OAKLAND, MAXWELL D'ORSO, CASEY FOUGHT, PATRICK GONZALEZ, SUSAN E MANHEIMER. (fabS, COURT STAFF) (Filed on 6/12/2020) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

RECAP

~Util - Case Assigned by Intake

June 12, 2020

June 12, 2020

PACER
6

NOTICE of Appearance by David Alejandro Pereda (Pereda, David) (Filed on 6/15/2020) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by CITY OF OAKLAND.. (Pereda, David) (Filed on 6/15/2020) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

RECAP
8

STIPULATION WITH PROPOSED ORDER re TRO Application filed by CITY OF OAKLAND. (Pereda, David) (Filed on 6/15/2020) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

RECAP
9

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY.. (Johns, EmilyRose) (Filed on 6/15/2020) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

RECAP
10

Order, signed 6/15/2020, by Chief Magistrate Judge Joseph C. Spero granting 8 Stipulation Re: TRO. Plaintiff will supplement their TRO motion by 6/17/2020.(klhS, COURT STAFF) (Filed on 6/15/2020) (Entered: 06/16/2020)

June 15, 2020

June 15, 2020

RECAP
11

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by SUSAN E MANHEIMER.. (Pereda, David) (Filed on 6/16/2020) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
12

NOTICE of Appearance by Walter Phillip Riley (Riley, Walter) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
13

MOTION for Temporary Restraining Order filed by ANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Attachments: # 1 Proposed Order)(Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

1 Proposed Order

View on RECAP

June 17, 2020

June 17, 2020

RECAP
14

Declaration of Andrew Chan Kim in Support of 13 MOTION for Temporary Restraining Order filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Related document(s) 13 ) (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
15

Declaration of Sarah Belle Lin filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
16

Declaration of Qiaochu Zhang filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
17

Declaration of Niko Nada filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
18

Declaration of Melissa Miyara filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
19

Declaration of Liam Cain in Support of 13 MOTION for Temporary Restraining Order filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Related document(s) 13 ) (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
20

Declaration of Leila Mottley in Support of 13 MOTION for Temporary Restraining Order filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Related document(s) 13 ) (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
21

Declaration of Jennifer Li in Support of 13 MOTION for Temporary Restraining Order filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Related document(s) 13 ) (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
22

Declaration of Ian McDonnell in Support of 13 MOTION for Temporary Restraining Order filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Related document(s) 13 ) (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
23

Declaration of Dr. Sporn in Support of 13 MOTION for Temporary Restraining Order filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Related document(s) 13 ) (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
24

Declaration of Erica Hruby in Support of 13 MOTION for Temporary Restraining Order filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Related document(s) 13 ) (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
25

Declaration of Christa Atherholt in Support of 13 MOTION for Temporary Restraining Order filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Related document(s) 13 ) (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
26

Declaration of Cat Brooks in Support of 13 MOTION for Temporary Restraining Order filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Related document(s) 13 ) (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
27

Declaration of Anne Kelson in Support of 13 MOTION for Temporary Restraining Order filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Related document(s) 13 ) (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
28

Request for Judicial Notice re 13 MOTION for Temporary Restraining Order filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Attachments: # 1 Declaration)(Related document(s) 13 ) (Kim, Andrew) (Filed on 6/17/2020) (Entered: 06/17/2020)

1 Declaration

View on RECAP

June 17, 2020

June 17, 2020

RECAP
29

CLERKS NOTICE SETTING ZOOM HEARING. Zoom Scheduling Conference set for 6/18/2020 01:00 PM in San Francisco, Courtroom F, 15th Floor before Chief Magistrate Judge Joseph C. Spero. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09Meeting ID: 160 436 8507Password: 108226Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/. Scheduling Conference set for 6/18/2020 01:00 PM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 6/18/2020) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
30

Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Zoom Scheduling Conference held on 6/18/2020. Parties to meet and confer to see if they can agree on a temporary TRO. Parties to advise the Court on the status by 4:00 PM. Status update shall be emailed to JCSPO@cand.uscourts.gov. Response/Opposition to TRO due by 6/19/2020 at 1:00 PM. Preliminary Injunction or TRO Motion Hearing set for 7/2/2020 11:00 AM, via Zoom, in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Total Time in Court: 36 M. Court Reporter: Raynee Mercado. Plaintiff Attorney: William Riley, Dan Siegel, Sonya Mehta, Elizabeth Johnson. Defendant Attorney: David Pereda. (klhS, COURT STAFF) (Date Filed: 6/18/2020) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

RECAP

Set/Reset Deadlines as to 13 MOTION for Temporary Restraining Order . Motion Hearing, via Zoom, set for 7/2/2020 11:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 6/18/2020)

June 18, 2020

June 18, 2020

PACER
31

Proposed Order Granting Temporary Restraining Order and Order to Show Cause by ANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Siegel, Daniel) (Filed on 6/18/2020) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

RECAP
32

Proposed Order by ANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Siegel, Daniel) (Filed on 6/18/2020) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

RECAP
33

ORDER GRANTING TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE. Signed by Judge Joseph C. Spero on June 18, 2020. (jcslc1S, COURT STAFF) (Filed on 6/18/2020) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

RECAP
34

ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE (CORRECTED). Signed by Judge Joseph C. Spero on June 18, 2020. (jcslc1S, COURT STAFF) (Filed on 6/18/2020) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

RECAP

Clerk's Notice Setting Zoom Hearing

June 18, 2020

June 18, 2020

PACER

Set Motion and Deadlines/Hearings No NEF

June 18, 2020

June 18, 2020

PACER
35

NOTICE of Appearance by Sonya Mehta for Plaintiffs (Mehta, Sonya) (Filed on 6/19/2020) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
36

OPPOSITION/RESPONSE (re 13 MOTION for Temporary Restraining Order ) filed byCITY OF OAKLAND. (Attachments: # 1 Declaration Allison, # 2 Declaration Pereda, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit Q)(Pereda, David) (Filed on 6/24/2020) (Entered: 06/24/2020)

1 Declaration Allison

View on PACER

2 Declaration Pereda

View on PACER

3 Exhibit A

View on PACER

4 Exhibit B

View on PACER

5 Exhibit C

View on PACER

6 Exhibit D

View on PACER

7 Exhibit E

View on PACER

8 Exhibit F

View on PACER

9 Exhibit G

View on PACER

10 Exhibit H

View on PACER

11 Exhibit I

View on PACER

12 Exhibit J

View on PACER

13 Exhibit K

View on PACER

14 Exhibit L

View on PACER

15 Exhibit M

View on PACER

16 Exhibit N

View on PACER

17 Exhibit O

View on PACER

18 Exhibit Q

View on PACER

June 24, 2020

June 24, 2020

RECAP
37

OPPOSITION/RESPONSE (re 13 MOTION for Temporary Restraining Order ) (ADDING URLS IN PLACE OF HYPERLINKS) filed byCITY OF OAKLAND. (Pereda, David) (Filed on 6/25/2020) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
38

Order for response to Defendants Opposition [docket no.37], to be filed by June 29, 2020 at 12:00 p.m. Signed by Judge Joseph C. Spero on June 25, 2020. (jcslc1S, COURT STAFF) (Filed on 6/25/2020) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

RECAP
39

CLERK'S NOTICE SETTING ZOOM HEARING as to 13 MOTION for Temporary Restraining Order/Preliminary Injunction . Motion Hearing set for 7/2/2020 11:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09Meeting ID: 161 926 0804Password: 050855Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://w ww.cand.uscourts.gov/zoom/. Motion for TRO (Preliminary Injunction) Hearing set for 7/2/2020 11:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. (Related documents(s) 13 )(klhS, COURT STAFF) (Filed on 6/29/2020) (This is a text-only entry generated by the court. There is no document associated with this entry.), (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
40

REPLY (re 13 MOTION for Temporary Restraining Order ) filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Johns, EmilyRose) (Filed on 6/29/2020) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP
41

Request for Judicial Notice re 40 Reply to Opposition/Response filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Attachments: # 1 Declaration of EmilyRose Johns in Support of Request for Judicial Notice)(Related document(s) 40 ) (Johns, EmilyRose) (Filed on 6/29/2020) (Entered: 06/29/2020)

1 Declaration of EmilyRose Johns in Support of Request for Judicial Notice

View on PACER

June 29, 2020

June 29, 2020

PACER

~Util - Teleconference Zoom AND Clerk's Notice Continuing Motion Hearing AND ~Util - Set Motion and Deadlines/Hearings

June 29, 2020

June 29, 2020

PACER

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Continuing Motion Hearing

June 29, 2020

June 29, 2020

PACER

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice Continuing Motion Hearing

June 29, 2020

June 29, 2020

PACER
42

Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Motion Hearing held on 7/2/2020 re 13 MOTION for Temporary Restraining Order (Preliminary Injunction) filed by NICO NADA, ANTI POLICE-TERROR PROJECT, AZIZE NGO, AKIL RILEY, IAN McDONNELL, COMMUNITY READY CORPS, JENNIFER LI. Motion hearing Continued. Motion for Temporary Restraining Order (Preliminary Injunction) Hearing specially set for 7/16/2020 10:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09Meeting ID: 161 926 0804Password: 050855Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/. CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement Conference Motion for Temporary Restraining Order (Preliminary Injunction) Hearing specially set for 7/16/2020 10:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Total Time in Court: 16 M. Court Reporter: Marla Knox. Plaintiff Attorney: Dan Siegel, Walter Riley, Andrew Kim, EmilyRose Johns.Defendant Attorney: David Pereda. (klhS, COURT STAFF) (Date Filed: 7/2/2020) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
43

Order Setting Settlement Conference before Magistrate Judge. Settlement Conference set for 7/14/2020 at 10:00 AM before Magistrate Judge Laurel Beeler. Signed by Judge Laurel Beeler on 07/06/2020. (ejkS, COURT STAFF) (Filed on 7/6/2020) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
44

NOTICE of Appearance by Anne Butterfield Weills (Weills, Anne) (Filed on 7/7/2020) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
45

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held via Zoom on 7/14/2020. Settlement conference held. The City will circulate its draft by 10 a.m. tomorrow, Wednesday, July 15, 2020. The plaintiffs will send a reply as soon as possible, preferably by 3 p.m. on Thursday, July 16, and in any event no later than Friday, July 17, at 10:00 a.m. The attorneys will thereafter confer and will update the court by Monday, July 20, 2020 at 2 p.m. by email. The court will ask Judge Spero to kick the preliminary-injunction hearing by one week to allow this process. (Not Reported).Plaintiffs' Attorneys: Walter Riley, Dan Siegel, Anne Weills, Sonya Mehta, EmilyRose Johns, and Chan Kim. Also appearing: Jane Brunner, James Burch, Katie Tertocha, Liz Johnson, Cat Brooks, Tur-Ha Ak, Akil Riley, Ian McDonnell, Niko Nada, and Jennifer Li. Defendants' Attorney: David Pereda. Also appearing: Brigid Martin, Chief Manheimer, Assistant Chief Allison, and Deputy Chief Holmgren. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 7/14/2020) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER

Settlement Conference

July 14, 2020

July 14, 2020

PACER
46

CLERK'S NOTICE Continuing Motion Hearing as to 13 MOTION for Preliminary Injunction . The Court understands that the parties requested that the motion hearing be continued one week to July 23, 2020. Unfortunately, due to the Courts calendar, the court cannot hear this matter on July 23,2020, and therefore places the hearing on the next available date. Motion Hearing re-set for 7/28/2020 01:30 PM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09Meeting ID: 161 926 0804Password: 050855Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://ww w.cand.uscourts.gov/zoom/. Motion for Preliminary Injunction Hearing reset for 7/28/2020 01:30 PM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. (Related documents(s) 13 )(klhS, COURT STAFF) (Filed on 7/15/2020) (This is a text-only entry generated by the court. There is no document associated with this entry.), (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice Continuing Motion Hearing

July 15, 2020

July 15, 2020

PACER

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Continuing Motion Hearing

July 15, 2020

July 15, 2020

PACER

~Util - Teleconference Zoom AND Clerk's Notice Continuing Motion Hearing AND ~Util - Set Motion and Deadlines/Hearings

July 15, 2020

July 15, 2020

PACER

Clerk's Notice Continuing Motion Hearing AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

July 15, 2020

July 15, 2020

PACER
47

STATUS REPORT Joint Report re Preliminary Injunction by CITY OF OAKLAND. (Pereda, David) (Filed on 7/26/2020) (Entered: 07/26/2020)

July 26, 2020

July 26, 2020

RECAP
48

Brief re 47 Status Report Brief re Mutual Aid filed byANTI POLICE-TERROR PROJECT. (Related document(s) 47 ) (Siegel, Daniel) (Filed on 7/27/2020) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
49

ORDER FOR RESPONSE TO PLAINTIFFS MEMORANDUM RE MUTUAL AID PARTNERS to be filed by 5:00 pm today. Signed by Judge Joseph C. Spero on July 27, 2020. (jcslc1S, COURT STAFF) (Filed on 7/27/2020) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
50

OPPOSITION/RESPONSE (re 13 MOTION for Temporary Restraining Order ) Supplemental Brief filed byCITY OF OAKLAND. (Attachments: # 1 Exhibit S - Blue Book, # 2 Exhibit T - Red Book, # 3 Exhibit U - General Order re Mutual Aid)(Pereda, David) (Filed on 7/27/2020) (Entered: 07/27/2020)

1 Exhibit S - Blue Book

View on PACER

2 Exhibit T - Red Book

View on PACER

3 Exhibit U - General Order re Mutual Aid

View on PACER

July 27, 2020

July 27, 2020

PACER
51

Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Motion Hearing held on 7/28/2020 re 13 MOTION for Preliminary Injunction filed by NICO NADA, ANTI POLICE-TERROR PROJECT, AZIZE NGO, AKIL RILEY, IAN McDONNELL, COMMUNITY READY CORPS, JENNIFER LI. Motion Submitted.Total Time in Court: 2 H. Court Reporter: Belle Ball. Plaintiff Attorney: Dan Siegel, Walter Riley, EmilyRose, Johns. Defendant Attorney: David Pereda. (klhS, COURT STAFF) (Date Filed: 7/28/2020) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

RECAP
52

ORDER by Judge Joseph C. Spero granting in part 13 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit A (OPD Crowd Control Policy)(jcslc1S, COURT STAFF) (Filed on 7/29/2020) (Entered: 07/29/2020)

1 Exhibit OPD Crowd Control Policy

View on PACER

July 29, 2020

July 29, 2020

RECAP
53

DEFENDANTS' ANSWER to Complaint byCITY OF OAKLAND. (Pereda, David) (Filed on 8/3/2020) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP
54

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Joseph C. Spero on August 10, 2020. (jcslc1S, COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

RECAP
55

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Johns, EmilyRose) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
56

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pereda, David) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
57

CLERKS NOTICE SETTING ZOOM HEARING. An Initial Case Management Conference is set for 9/11/2020 at 2:00 PM. This proceeding will be held via a Zoom webinar. Zoom Webinar ID: 161 926 0804 Password: 050855. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 9/3/2020) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER

Clerk's Notice Setting Zoom Hearing

Sept. 3, 2020

Sept. 3, 2020

PACER
58

JOINT CASE MANAGEMENT STATEMENT filed by CITY OF OAKLAND. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pereda, David) (Filed on 9/4/2020) (Entered: 09/04/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Sept. 4, 2020

Sept. 4, 2020

PACER
59

Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 9/11/2020. Amended Pleadings due by 1/8/2021. Case Management Statement due by 11/6/2020. Close of Expert Discovery due by 10/29/2021. Close of Fact Discovery due by 8/27/2021. Designation of Experts due by 10/1/2021. Dispositive Motion and Daubert due by 11/19/2021. Motion for Class Certification due by 4/30/2021. Rebuttal Reports due by 10/15/2021. Responses/Opposition to Dispositive and Daubert Motions due by 12/17/2021. Replies to Dispositive and Daubert Motions due by 1/14/2022. . Final Pretrial Conference set for 5/13/2022 02:00 PM in San Francisco, Courtroom F, 15th Floor. Jury Selection set for 5/23/2022 08:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Jury Trial set for 5/23/2022 08:30 AM through 6/27/2022 (four weeks) in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Further Case Management Conference set for 11/13/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. FTR Time: Not Reported. Plaintiff Attorney: Dan Siegel, EmilyRose Johns, Walter Riley. Defendant Attorney: Dav id Pereda. (klhS, COURT STAFF) (Date Filed: 9/14/2020) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER

Set/Reset Hearing : This date was missed when setting jury trial dates. Jury Trial set for 5/24/2022 08:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 9/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER

Set/Reset Hearings

Sept. 14, 2020

Sept. 14, 2020

PACER
60

CASE MANAGEMENT SCHEDULING ORDER: Motion and Daubert Hearing set for 2/11/2022 09:30 AM in San Francisco, Courtroom F, 15th Floor before Chief Magistrate Judge Joseph C. Spero. Signed by Chief Magistrate Judge Joseph C. Spero on 9/16/2020. All dates were set from Minute Order 59 except for the Motion hearing date. (klhS, COURT STAFF) (Filed on 9/16/2020) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
61

STIPULATION WITH PROPOSED ORDER RE BRIEFING SCHEDULE filed by CITY OF OAKLAND. (Pereda, David) (Filed on 10/5/2020) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
62

Order, signed 10/6/2020, by Chief Magistrate Judge Joseph C. Spero granting 61 Stipulation. Motions pertaining to the Preliminary Injunction due by 10/12/2020. Responses due by 10/19/2020. Court will set a hearing if needed. (klhS, COURT STAFF) (Filed on 10/6/2020) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
63

MOTION Enforcement and Modification of the Preliminary Injunction and for Sanctions and Other Relief filed by ANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. Responses due by 10/19/2020. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration, # 8 Declaration, # 9 Declaration)(Kim, Andrew) (Filed on 10/7/2020) (Entered: 10/07/2020)

1 Declaration

View on PACER

2 Declaration

View on PACER

3 Declaration

View on PACER

4 Declaration

View on PACER

5 Declaration

View on PACER

6 Declaration

View on PACER

7 Declaration

View on PACER

8 Declaration

View on PACER

9 Declaration

View on PACER

Oct. 7, 2020

Oct. 7, 2020

PACER
64

Declaration of Andrew Chan Kim in Support of 63 MOTION Enforcement and Modification of the Preliminary Injunction and for Sanctions and Other Relief filed byANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Attachments: # 1 Exhibit A)(Related document(s) 63 ) (Kim, Andrew) (Filed on 10/7/2020) (Entered: 10/07/2020)

1 Exhibit A

View on PACER

Oct. 7, 2020

Oct. 7, 2020

PACER
65

ERRATA by ANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Attachments: # 1 Corrected Declaration)(Kim, Andrew) (Filed on 10/8/2020) (Entered: 10/08/2020)

1 Corrected Declaration

View on PACER

Oct. 8, 2020

Oct. 8, 2020

PACER
66

MOTION Re Dkt. No. 52 re 52 Order on Motion for TRO filed by CITY OF OAKLAND. Responses due by 10/19/2020. (Attachments: # 1 Declaration Allison, # 2 Declaration Yu, # 3 Exhibit A (Yu), # 4 Exhibit B (Yu), # 5 Exhibit C (Yu), # 6 Exhibit D (Yu), # 7 Exhibit E (Yu), # 8 Exhibit F (Yu), # 9 Exhibit G (Yu), # 10 Declaration Pullen, # 11 Declaration Hinkle, # 12 Declaration Pereda, # 13 Exhibit A (Pereda))(Pereda, David) (Filed on 10/12/2020) (Entered: 10/12/2020)

1 Declaration Allison

View on PACER

2 Declaration Yu

View on PACER

3 Exhibit A (Yu)

View on PACER

4 Exhibit B (Yu)

View on PACER

5 Exhibit C (Yu)

View on PACER

6 Exhibit D (Yu)

View on PACER

7 Exhibit E (Yu)

View on PACER

8 Exhibit F (Yu)

View on PACER

9 Exhibit G (Yu)

View on PACER

10 Declaration Pullen

View on PACER

11 Declaration Hinkle

View on PACER

12 Declaration Pereda

View on PACER

13 Exhibit A (Pereda)

View on PACER

Oct. 12, 2020

Oct. 12, 2020

RECAP
67

OPPOSITION/RESPONSE (re 66 MOTION Re Dkt. No. 52 re 52 Order on Motion for TRO ) filed byANTI POLICE-TERROR PROJECT. (Attachments: # 1 Declaration Declaration of Sonya Z. Mehta)(Mehta, Sonya) (Filed on 10/19/2020) (Entered: 10/19/2020)

1 Declaration Declaration of Sonya Z. Mehta

View on PACER

Oct. 19, 2020

Oct. 19, 2020

PACER
68

PREHEARING ORDER REGARDING MOTION TO ENFORCE AND CROSS-MOTION TO MODIFY PRELIMINARY INJUNCTION (DKT. 63, 66). Signed by Chief Magistrate Judge Joseph C. Spero on October 19, 2020. (jcslc4, COURT STAFF) (Filed on 10/19/2020) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

RECAP
69

OPPOSITION/RESPONSE (re 63 MOTION Enforcement and Modification of the Preliminary Injunction and for Sanctions and Other Relief ) filed byCITY OF OAKLAND. (Attachments: # 1 Declaration Michael Beaver, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit F, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit L, # 11 Exhibit O)(Pereda, David) (Filed on 10/19/2020) (Entered: 10/19/2020)

1 Declaration Michael Beaver

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit F

View on PACER

7 Exhibit H

View on PACER

8 Exhibit I

View on PACER

9 Exhibit J

View on PACER

10 Exhibit L

View on PACER

11 Exhibit O

View on PACER

Oct. 19, 2020

Oct. 19, 2020

PACER

Set/Reset Deadlines as to 63 MOTION Enforcement and Modification of the Preliminary Injunction and for Sanctions and Other Relief, 66 MOTION Re Dkt. No. 52 re 52 Order on Motion for TRO . Motion Hearing set for 10/27/2020 03:00 PM by Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscou rts.gov/zoom/. Motion Hearing set for 10/27/2020 03:00 PM by Videoconference Only before Chief Magistrate Judge Joseph C. Spero. See Order 68 (klhS, COURT STAFF) (Filed on 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
70

STIPULATION WITH PROPOSED ORDER filed by ANTI POLICE-TERROR PROJECT, COMMUNITY READY CORPS, JENNIFER LI, IAN McDONNELL, NICO NADA, AZIZE NGO, AKIL RILEY. (Attachments: # 1 Exhibit A - First Amended Complaint)(Johns, EmilyRose) (Filed on 10/20/2020) (Entered: 10/20/2020)

1 Exhibit A - First Amended Complaint

View on PACER

Oct. 20, 2020

Oct. 20, 2020

PACER
71

AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT FOR DAMAGES AND INJUNCTIVE AND DECLARATORY RELEIF against All Defendants. Filed byJENNIFER LI, COMMUNITY READY CORPS, ANTI POLICE-TERROR PROJECT, AZIZE NGO, AKIL RILEY, IAN McDONNELL, NICO NADA, ASHWIN RUPAN, MARIA RAMIREZ, ANDREA COSTANZO, BRYANNA KELLY, DANIEL SANCHEZ, JOHNATHAN FARMER, QIAOCHU ZHANG, SEAN CANADAY, CELESTE WONG, MICHAEL COHEN, TARA ROSE, TAYAH STEWART, AARON ROGACHEVSKY, CHRISTINA STEWART, LEILA MOTTLEY, MICHAEL COOPER, LINDSEY FILOWITZ, LINDSEY MORRIS, MELISSA MIYARA, NICOLE PULLER, KATHERINE SUGRUE, KATIE JOHNSON, DANIELLE GAITO. (Siegel, Daniel) (Filed on 10/20/2020) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

RECAP
72

Order by Chief Magistrate Judge Joseph C. Spero granting 70 Stipulation. Defendants shall respond to the 71 First Amended Complaint no later than November 19, 2020. (jcslc2S, COURT STAFF) (Filed on 10/20/2020) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER

~Util - Teleconference Zoom AND Set Motion and Deadlines/Hearings

Oct. 20, 2020

Oct. 20, 2020

PACER
73

Proposed Order Modifying the Preliminary Injunction by ANTI POLICE-TERROR PROJECT, SEAN CANADAY, MICHAEL COHEN, COMMUNITY READY CORPS, MICHAEL COOPER, ANDREA COSTANZO, JOHNATHAN FARMER, LINDSEY FILOWITZ, DANIELLE GAITO, KATIE JOHNSON, BRYANNA KELLY, JENNIFER LI, MELISSA MIYARA, LINDSEY MORRIS, LEILA MOTTLEY, IAN McDONNELL, NICO NADA, AZIZE NGO, NICOLE PULLER, MARIA RAMIREZ, AKIL RILEY, AARON ROGACHEVSKY, TARA ROSE, ASHWIN RUPAN, DANIEL SANCHEZ, CHRISTINA STEWART, TAYAH STEWART, KATHERINE SUGRUE, CELESTE WONG, QIAOCHU ZHANG. (Kim, Andrew) (Filed on 10/21/2020) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
74

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by SEAN CANADAY, MICHAEL COHEN, MICHAEL COOPER, ANDREA COSTANZO, JOHNATHAN FARMER, LINDSEY FILOWITZ, DANIELLE GAITO, KATIE JOHNSON, BRYANNA KELLY, MELISSA MIYARA, LINDSEY MORRIS, LEILA MOTTLEY, NICOLE PULLER, MARIA RAMIREZ, AARON ROGACHEVSKY, TARA ROSE, ASHWIN RUPAN, DANIEL SANCHEZ, CHRISTINA STEWART, TAYAH STEWART, KATHERINE SUGRUE, CELESTE WONG, QIAOCHU ZHANG.. (Johns, EmilyRose) (Filed on 10/22/2020) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
75

STATUS REPORT by CITY OF OAKLAND. (Pereda, David) (Filed on 10/22/2020) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
76

Second prehearing order regarding 63 motion to enforce. Defendants shall file inventory reports no later than October 26, 2020. Signed by Chief Magistrate Judge Joseph C. Spero on October 24, 2020. (jcslc2S, COURT STAFF) (Filed on 10/24/2020) (Entered: 10/24/2020)

Oct. 24, 2020

Oct. 24, 2020

PACER
77

OPPOSITION/RESPONSE (re 63 MOTION Enforcement and Modification of the Preliminary Injunction and for Sanctions and Other Relief ) filed byCITY OF OAKLAND. (Attachments: # 1 Exhibit P)(Pereda, David) (Filed on 10/26/2020) (Entered: 10/26/2020)

1 Exhibit P

View on PACER

Oct. 26, 2020

Oct. 26, 2020

PACER
78

Declaration of Meghan Schuttler in Support of 63 MOTION Enforcement and Modification of the Preliminary Injunction and for Sanctions and Other Relief filed byANTI POLICE-TERROR PROJECT, SEAN CANADAY, MICHAEL COHEN, COMMUNITY READY CORPS, MICHAEL COOPER, ANDREA COSTANZO, JOHNATHAN FARMER, LINDSEY FILOWITZ, DANIELLE GAITO, KATIE JOHNSON, BRYANNA KELLY, JENNIFER LI, MELISSA MIYARA, LINDSEY MORRIS, LEILA MOTTLEY, IAN McDONNELL, NICO NADA, AZIZE NGO, NICOLE PULLER, MARIA RAMIREZ, AKIL RILEY, AARON ROGACHEVSKY, TARA ROSE, ASHWIN RUPAN, DANIEL SANCHEZ, CHRISTINA STEWART, TAYAH STEWART, KATHERINE SUGRUE, CELESTE WONG, QIAOCHU ZHANG. (Related document(s) 63 ) (Johns, EmilyRose) (Filed on 10/27/2020) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
79

ORDER striking 78 declaration as untimely. Signed by Judge Joseph C. Spero on October 27, 2020. (jcslc2S, COURT STAFF) (Filed on 10/27/2020) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

RECAP
80

Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Motion Hearing held on 10/27/2020 re 63 MOTION Enforcement and Modification of the Preliminary Injunction and for Sanctions and Other Relief filed by NICO NADA, ANTI POLICE-TERROR PROJECT, AZIZE NGO, AKIL RILEY, IAN McDONNELL, COMMUNITY READY CORPS, JENNIFER LI, 66 MOTION Re Dkt. No. 52 re 52 Order on Motion for TRO filed by CITY OF OAKLAND. The Court instructed the parties to meet and confer about modifications to the mutual aid provisions of the injunction and file any agreed upon changes no later than 5:00 PM on Wednesday, 10/28/2020.Total Time in Court: 1 H 25 M. Court Reporter: Debra Pas. Plaintiff Attorney: Dan Siegel, Walter Riley, EmilyRose Johns. Defendant Attorney: David Pereda. (klhS, COURT STAFF) (Date Filed: 10/27/2020) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
81

STATUS REPORT Re Dkt. No. 80 by CITY OF OAKLAND. (Pereda, David) (Filed on 10/28/2020) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
82

AMENDED PRELIMINARY INJUNCTION by Chief Magistrate Judge Joseph C. Spero, superseding 52 Preliminary Injunction, in response to 63, 66 cross-motions to modify or enforce. (jcslc2S, COURT STAFF) (Filed on 10/28/2020) (Additional attachment(s) added on 10/28/2020: # 1 Exhibit Training Bulletin III-G) (jcslc2S, COURT STAFF). (Entered: 10/28/2020)

1 Exhibit Training Bulletin III-G

View on PACER

Oct. 28, 2020

Oct. 28, 2020

RECAP
83

ORDER by Judge Chief Magistrate Judge Joseph C. Spero denying 63 Plaintiffs Motion to Enforce and Modify Injunction and granting in part and denying in part 66 Defendant City of Oakland's Motion to Modify Injunction. (jcslc4, COURT STAFF) (Filed on 10/31/2020) (Entered: 10/31/2020)

Oct. 31, 2020

Oct. 31, 2020

RECAP

Case Details

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: June 11, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

People injured by tear gas deployed by the Oakland Police Department or its mutual aid partners during the George Floyd protests on May 29-31, and June 1, 2020, while protesting peacefully in the City of Oakland.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Oakland (Oakland), City

Oakland Police Chief (Oakland), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Substantive Due Process

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Excessive force

Failure to supervise

Failure to train

Over/Unlawful Detention

Pepper/OC spray

Personal injury

Restraints : chemical

Restraints : physical