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Case: NAACP v. San Jose

4:21-cv-01705 | U.S. District Court for the Northern District of California

Filed Date: March 11, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 11, 2021, the NAACP and several individuals filed this class-action lawsuit against the city of San Jose and public officials. The plaintiffs stated that they were peacefully protesting police brutality and institutionalized racism when San Jose police fired impact munitions and attacked them with flash-bang grenades, chemical weapons, and batons. The plaintiffs contended that the defendants had exhibited a long history of targeting Black, Brown, and Muslim communities, and that the us…

On March 11, 2021, the NAACP and several individuals filed this class-action lawsuit against the city of San Jose and public officials. The plaintiffs stated that they were peacefully protesting police brutality and institutionalized racism when San Jose police fired impact munitions and attacked them with flash-bang grenades, chemical weapons, and batons. The plaintiffs contended that the defendants had exhibited a long history of targeting Black, Brown, and Muslim communities, and that the use of force in these protests was racially motivated. The plaintiffs sued under 42 U.S.C. § 1983, contending that the defendants violated their First Amendment right to free speech and association, their Fourth Amendment right to be free from unlawful arrest and excessive force, and their Fourteenth Amendment rights to equal protection. Claims were also brought under the state constitution equivalents of these provisions. The plaintiffs also brought claims under the ADA and Rehabilitation Act, arguing that the defendant's policing practices failed to make reasonable modifications that allow people with disabilities to participate in protests. Finally, the plaintiffs sued under a variety of state laws, including tort claims like assault and negligence. The lawsuit sought declaratory relief stating that the defendant's policing practices were unconstitutional, as well and preliminary and permanent injunctive relief enjoining the defendants from engaging in the same behavior in the future. The class members also sought compensatory damages relief.

The case was assigned to Judge Phyllis Jean Hamilton of the Northern District of California. As of May 25, 2021 the case remains ongoing.

Summary Authors

Justin Hill (5/25/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59722942/parties/naacp-of-san-jose-silicon-valley-v-city-of-san-jose/


Judge(s)

Hamilton, Phyllis Jean (California)

Attorneys(s) for Plaintiff

Chanin, James B. (California)

Flynn, Robert Michael (California)

Lederman, Rachel (California)

Ressl-Moyer, Tifanei (California)

Attorneys(s) for Defendant

Chow, Yue-Han (California)

Pritchard, Matthew W (California)

Judge(s)

Hamilton, Phyllis Jean (California)

Attorneys(s) for Plaintiff

Chanin, James B. (California)

Flynn, Robert Michael (California)

Lederman, Rachel (California)

Ressl-Moyer, Tifanei (California)

Attorneys(s) for Defendant

Chow, Yue-Han (California)

Pritchard, Matthew W (California)

Documents in the Clearinghouse

Document

4:21-cv-01705

Docket [PACER]

NAACP of San Jose v. City of San Jose

May 12, 2021

May 12, 2021

Docket
3

4:21-cv-01705

Class Action Complaint for Damages, Declaratory and Injunctive Relief

NAACP of San Jose v. City of San Jose

March 11, 2021

March 11, 2021

Complaint
45

4:21-cv-01705

Order Re Motion to Dismiss

Sept. 24, 2021

Sept. 24, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59722942/naacp-of-san-jose-silicon-valley-v-city-of-san-jose/

Last updated Oct. 1, 2022, 5:47 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15685792.). Filed byNAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
2

Proposed Summons. (Lederman, Rachel) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
3

COMPLAINT corrected to include cover sheet against All Defendants. Filed byNAACP of San Jose/ Silicon Valley. (Attachments: # 1 Civil Cover Sheet)(Lederman, Rachel) (Filed on 3/11/2021) (Entered: 03/11/2021)

1 Civil Cover Sheet

View on PACER

March 11, 2021

March 11, 2021

Clearinghouse
4

MOTION to Relate Case: C-20-4824-BLF filed by NAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 3/11/2021) Modified on 3/31/2021 (jlmS, COURT STAFF). (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
5

Case assigned to Judge Nathanael M. Cousins. 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 3/25/2021. (mbcS, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
6

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/2/2021. Initial Case Management Conference set for 6/9/2021 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
7

Summons Issued as to City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (sfbS, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
8

CLERK'S NOTICE RE: Consent or Declination: All parties are requested to file a consent or declination to proceed before a magistrate judge by 3/25/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER

~Util - Case Assigned by Intake

March 11, 2021

March 11, 2021

PACER

Clerk's Notice re: Consent or Declination

March 12, 2021

March 12, 2021

PACER
9

ORDER PROVIDING PARTIES OPPORTUNITY TO RESPOND. Signed by Judge Beth Labson Freeman on 3/15/2021. (blflc4S, COURT STAFF) (Filed on 3/15/2021) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER
10

RESPONSE re 9 Order on Potential Consolidation by NAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 3/18/2021) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
11

OPPOSITION/RESPONSE (re 4 MOTION to Relate Case ) Defendants' Statement in Opposition to Consolidation filed byCity Of San Jose. (Chow, Yue-Han) (Filed on 3/19/2021) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
12

RESPONSE re 9 Order, 11 Opposition/Response to Motion on Consolidation by NAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 3/22/2021) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
13

ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 3/23/2021. (blflc4S, COURT STAFF) (Filed on 3/23/2021) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

PACER
14

CLERKS NOTICE CONVERTING CASE MANAGEMENT CONFERENCE TO ZOOM WEBINAR. Case Management Conference set for 3/30/2021 10:00 AM before Judge Beth Labson Freeman 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/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than March 26, 2021 at 2:00 PM PST.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.) (tshS, COURT STAFF) (Filed on 3/24/2021) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER

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

March 24, 2021

March 24, 2021

PACER
15

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City Of San Jose.. (Chow, Yue-Han) (Filed on 3/25/2021) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER

CLERKS NOTICE CONVERTING CASE MANAGEMENT CONFERENCE TO ZOOM WEBINAR. Case Management Conference set for 3/30/2021 10:00 AM before Judge Beth Labson Freeman 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/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than March 26, 2021 at 2:00 PM PST.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.) (tshS, COURT STAFF) (Filed on 3/25/2021)

March 25, 2021

March 25, 2021

PACER

Set/Reset Hearings

March 28, 2021

March 28, 2021

PACER
16

Minute Entry for proceedings held before Judge Beth Labson Freeman: Case Management Conference held on 3/30/2021. The pending motion to relate cases 20-cv-04824-BLF and 21-cv-01705-NC was discussed. Total Time in Court: 33 minutes. Court Reporter: Summer Fisher. For Plaintiffs Sanderlin et al. in 20-cv-04824-BLF: Sarah Marinho via Zoom webinar. For Plaintiffs NAACP of San Jose/Silicon Valley et al. in 21-cv-01705-NC: Rachel Lederman and Tifanei Ressl-Moyer via Zoom webinar. For Defendants: Ardell Johnson, Yue-Han Chow, and Matthew Pritchard via Zoom webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Date Filed: 3/30/2021) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
17

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 3/30/2021) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
18

NOTICE of Appearance of Matthew W Pritchard as Counsel, filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen (Pritchard, Matthew) (Filed on 3/30/2021) Modified on 3/31/2021 (jlmS, COURT STAFF). (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER

Case Management Conference - Initial

March 30, 2021

March 30, 2021

PACER

Clerk's Notice of Impending Reassignment - Text Only

March 30, 2021

March 30, 2021

PACER
19

This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 3/31/2021) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

PACER

Case REASSIGNED to Judge Phyllis J. Hamilton. Magistrate Judge Nathanael M. Cousins no longer assigned to assigned to the case. (bwS, COURT STAFF) (Filed on 3/31/2021)

March 31, 2021

March 31, 2021

PACER
20

ORDER ON MOTION TO RELATE IN 20-CV-04824-BLF. Signed by Judge Beth Labson Freeman on 4/5/2021. (blflc4S, COURT STAFF) (Filed on 4/5/2021) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

RECAP
21

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 6/10/2021. Initial Case Management Conference set for 6/17/2021 at 02:00 PM - Videoconference Only. Signed by Judge Phyllis J. Hamilton on 4/5/2021. (kcS, COURT STAFF) (Filed on 4/5/2021) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
22

ORDER ON MOTION TO RELATE re 21-cv-00519-SVK. Signed by Judge Susan van Keulen on 4/15/2021. (svklc2S, COURT STAFF) (Filed on 4/15/2021) Modified on 4/16/2021 (jlmS, COURT STAFF). (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
23

ORDER ON MOTION TO RELATE CASES. Case C-21-1705-PJH is NOT related to case C-21-1849-BLF. Signed by Judge Phyllis J. Hamilton on 4/23/2021. (kcS, COURT STAFF) (Filed on 4/23/2021) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
24

STIPULATION WITH PROPOSED ORDER TO ENLARGE TIME FOR BRIEFING RE DEFENDANTS MOTION TO DISMISS, filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez . (Pritchard, Matthew) (Filed on 5/12/2021) Modified on 5/13/2021 (jlmS, COURT STAFF). (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
25

STIPULATION AND ORDER TO ENLARGE TIME FOR BRIEFING RE DEFENDANTS' MOTION TO DISMISS by Judge Phyllis J. Hamilton granting 24 Stipulation. Motion to Dismiss due by 6/7/2021. Opposition due 7/6/2021. Reply due 7/19/2021. (kcS, COURT STAFF) (Filed on 5/12/2021) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
26

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that on September 16, 2021 at 2:00 P.M. - Videoconference Only, the HONORABLE PHYLLIS J. HAMILTON will conduct the Initial Case Management Conference previously noticed for June 17, 2021, in this matter. Joint Case Management Statement due by 9/9/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 5/12/2021) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER

Clerk's Notice

May 12, 2021

May 12, 2021

PACER
27

MOTION to Dismiss filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. Motion Hearing set for 8/12/2021 01:30 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 7/6/2021. Replies due by 7/19/2021. (Attachments: # 1 Defendants' Request for Judicial Notice and Incorporation by Reference ISO Motion to Dismiss)(Pritchard, Matthew) (Filed on 6/7/2021) (Entered: 06/07/2021)

1 Defendants' Request for Judicial Notice and Incorporation by Reference ISO

View on PACER

June 7, 2021

June 7, 2021

RECAP
28

STIPULATION WITH PROPOSED ORDER for Page Extension for Opposition to Motion to Dismiss and Reply in Support of Motion to Dismiss re 27 MOTION to Dismiss, filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez (Attachments: # 1 Proposed Order Allowing Excess Pages)(Lederman, Rachel) (Filed on 6/30/2021) Modified on 7/1/2021 (jlmS, COURT STAFF). (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
29

ORDER FOR PAGE EXTENSION by Judge Phyllis J. Hamilton granting 28 Stipulation. (kcS, COURT STAFF) (Filed on 7/2/2021) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
30

Request for Judicial Notice in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss filed byM. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Flynn, Robert) (Filed on 7/6/2021) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
31

OBJECTIONS to Defendants Request for Judicial Notice filed in Support of Defendants' Motion to Dismiss by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Flynn, Robert) (Filed on 7/7/2021) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
32

OPPOSITION/RESPONSE (re 27 MOTION to Dismiss ) filed byNAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 7/7/2021) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
33

REPLY (re 27 MOTION to Dismiss) filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Pritchard, Matthew) (Filed on 7/19/2021) Modified on 7/20/2021 (jlmS, COURT STAFF). (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
34

REPLY (re 27 MOTION to Dismiss) ISO Req. for Judicial Notice and Incorporation By Reference in Support of Motion to Dismiss filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Chow, Yue-Han) (Filed on 7/19/2021) Modified on 7/20/2021 (jlmS, COURT STAFF). (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
35

ORDER re motion to dismiss. Signed by Judge Hamilton on 8/10/2021. (pjhlc3S, COURT STAFF) (Filed on 8/10/2021) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

RECAP
36

CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing re 27 Motion to Dismiss set for 8/12/2021 at 01:30 PM - Videoconference Only before Judge Phyllis J. Hamilton. 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/pjh General Order 58. Persons granted access to court proce edings 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.) (kcS, COURT STAFF) (F iled on 8/11/2021) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
37

Statement: Claims Chart Requested by the Court in its Order re Motion to Dismiss re 35 Order by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Ressl-Moyer, Tifanei) (Filed on 8/11/2021) Modified on 8/12/2021 (jlmS, COURT STAFF). (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
38

***DUPLICATE ENTRY; PLEASE IGNORE; SAME AS DOCUMENT NO. 37 *** Statement: Chart Requested by the Court re 35 Order, by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Lederman, Rachel) (Filed on 8/11/2021) Modified on 8/12/2021 (jlmS, COURT STAFF). Modified on 8/12/2021 (jlmS, COURT STAFF). Modified on 8/12/2021 (jlmS, COURT STAFF). (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER

Clerk's Notice Setting Zoom Hearing

Aug. 11, 2021

Aug. 11, 2021

PACER
39

Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Motion Hearing held on 8/12/2021 re 27 MOTION to Dismiss filed by Ronnie A. Lopez, Sam Liccardo, FNU Delgado, Jason Dwyer, Edgardo Garcia, City Of San Jose, David Sykes, Sean Michael Curry, Lee Tassio, Jared Yuen. Court Reporter: Pamela Batalo Hebel. (kcS, COURT STAFF) (Date Filed: 8/12/2021) (Entered: 08/13/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
40

TRANSCRIPT ORDER for proceedings held on 8/12/2021 before Judge Phyllis J. Hamilton for Court Reporter Pam Batalo. (oh, COURT STAFF) (Filed on 8/31/2021) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
41

CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that the Initial Case Management Conference set for 9/16/2021 at 2:00 PM is VACATED until the pleadings are settled. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 9/7/2021) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER

Clerk's Notice

Sept. 7, 2021

Sept. 7, 2021

PACER
42

JOINT CASE MANAGEMENT STATEMENT filed by NAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 9/8/2021) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
43

STIPULATION WITH PROPOSED ORDER Protective Order filed by NAACP of San Jose/ Silicon Valley. (Attachments: # 1 Supplement Redlined version of proposed protective order)(Lederman, Rachel) (Filed on 9/8/2021) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
44

Transcript of Proceedings held on 08/12/21, before Judge Hamilton. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@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/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 40 Transcript Order ) Redaction Request due 10/4/2021. Redacted Transcript Deadline set for 10/12/2021. Release of Transcript Restriction set for 12/10/2021. (Related documents(s) 40 ) (Batalo, Pam) (Filed on 9/11/2021) (Entered: 09/11/2021)

Sept. 11, 2021

Sept. 11, 2021

PACER
45

ORDER by Judge Hamilton re 27 Motion to Dismiss. (pjhlc3S, COURT STAFF) (Filed on 9/24/2021) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

Clearinghouse
46

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION by Judge Phyllis J. Hamilton granting 43 Stipulation. (kcS, COURT STAFF) (Filed on 9/24/2021) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER

Set Deadlines/Hearings: Updated Joint Case Management Statement due by 10/14/2021. Initial Case Management Conference set for 10/21/2021 at 02:00 PM - Videoconference Only. (kcS, COURT STAFF) (Filed on 9/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER

Set Deadlines/Hearings

Sept. 24, 2021

Sept. 24, 2021

PACER
47

JOINT CASE MANAGEMENT STATEMENT filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Chow, Yue-Han) (Filed on 10/14/2021) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
48

CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 10/21/2021 at 02:00 PM - Videoconference Only. 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/pjh General Order 58. Persons granted access to court proceedings held by telephone or videoconfe rence 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.) (kcS, COURT STAFF) (Filed on 10/18/2021) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER

Clerk's Notice Setting Zoom Hearing

Oct. 18, 2021

Oct. 18, 2021

PACER
49

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16520783.) filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Attachments: # 1 Exhibit Certificate of Good Standing)(Shroff, Zal) (Filed on 10/21/2021) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
50

Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Initial Case Management Conference held on 10/21/2021. Amended Pleadings due by 7/15/2022. Close of Fact Discovery due by 10/14/2022. Motion for class certification to be heard by 11/10/2022. Designation of Experts due by 11/18/2022. Rebuttal Reports due by 1/6/2023. Close of Expert Discovery due by 3/3/2023. Dispositive Motions to be heard by 4/20/2023. Pretrial Conference set for 9/28/2023 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Jury Selection and Jury Trial (3 weeks) set for 10/23/2023 at 08:30 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Court Reporter: Not Reported. (kcS, COURT STAFF) (Date Filed: 10/21/2021) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER

Electronic filing error. This filing will not be processed by the clerks office. Please re-file in its entirety re 49 MOTION for leave to appear in Pro Hac Vice. ***Addres s of record is incorrect (does not reflect Kansas address). Co-counsel address of record is incomplete.*** (kcS, COURT STAFF) (Filed on 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
51

CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Phyllis J. Hamilton on 10/22/2021. (kcS, COURT STAFF) (Filed on 10/22/2021) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
52

STIPULATION WITH PROPOSED ORDER TO ENLARGE DEFENDANTS' TIME TO FILE AN ANSWER filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Pritchard, Matthew) (Filed on 12/10/2021) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
53

STIPULATED REQUEST TO ENLARGE DEFENDANTS' TIME TO FILE AN ANSWER AND ORDER by Judge Phyllis J. Hamilton granting 52 Stipulation. (kc, COURT STAFF) (Filed on 12/13/2021) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
54

ANSWER to Complaint with Jury Demand byCity Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Chow, Yue-Han) (Filed on 12/13/2021) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
55

NOTICE of Appearance by Lauren Jacqueline Carbajal (Carbajal, Lauren) (Filed on 3/22/2022) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
56

Discovery Letter BriefJoint filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Attachments: # 1 Exhibit 1a, Def's Rsps to Plfs' Interrogatories, # 2 Exhibit 1b, Defs' Resps to Plfs' Interrogs)(Lederman, Rachel) (Filed on 3/22/2022) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
55

NOTICE of Appearance by Lauren Jacqueline Carbajal (Carbajal, Lauren) (Filed on 3/22/2022) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
56

Discovery Letter BriefJoint filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Attachments: # 1 Exhibit 1a, Def's Rsps to Plfs' Interrogatories, # 2 Exhibit 1b, Defs' Resps to Plfs' Interrogs)(Lederman, Rachel) (Filed on 3/22/2022) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
57

ORDER by Judge Hamilton re 56 Discovery Letter Brief. (pjhlc3, COURT STAFF) (Filed on 4/1/2022)

April 1, 2022

April 1, 2022

RECAP
58

NOTICE of Appearance by Chris Azim Johnson (Johnson, Chris) (Filed on 4/21/2022) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
59

NOTICE of Appearance by Alicia J. Donahue (Donahue, Alicia) (Filed on 4/21/2022) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
60

STIPULATION WITH PROPOSED ORDER re 51 Order Extend Deadline to Amend Pleadings filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Lederman, Rachel) (Filed on 7/14/2022) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

RECAP
61

ORDER MODIFYING CASE SCHEDULE by Judge Phyllis J. Hamilton granting 60 Stipulation. Amended Pleadings due by 9/30/2022.(kc, COURT STAFF) (Filed on 7/18/2022) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
62

Discovery Letter Briefre Depositions of High Ranking Officials filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Lederman, Rachel) (Filed on 9/1/2022) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
63

Third Discovery Letter Briefre multiple disputes filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Attachments: # 1 Exhibit Tassio Declaration, # 2 Exhibit Jimenez Declaration, # 3 Exhibit Def's Priviliege Log)(Lederman, Rachel) (Filed on 9/9/2022) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
64

STIPULATION WITH PROPOSED ORDER re 51 Order Modify Case Schedule filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Lederman, Rachel) (Filed on 9/16/2022) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
64

STIPULATION WITH PROPOSED ORDER re 51 Order Modify Case Schedule filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Lederman, Rachel) (Filed on 9/16/2022) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
65

Amended Discovery Letter Brief - Third Discovery Letter Brief re multiple issues filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Attachments: # 1 Exhibit - Tassio Declaration, # 2 Exhibit - Jimenez Declaration, # 3 Exhibit - Def's Privilege Log, # 4 Exhibit - Jones Declaration)(Chow, Yue-Han) (Filed on 9/16/2022) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
65

Amended Discovery Letter Brief - Third Discovery Letter Brief re multiple issues filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Attachments: # 1 Exhibit - Tassio Declaration, # 2 Exhibit - Jimenez Declaration, # 3 Exhibit - Def's Privilege Log, # 4 Exhibit - Jones Declaration)(Chow, Yue-Han) (Filed on 9/16/2022) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
66

Order on Stipulation

Sept. 19, 2022

Sept. 19, 2022

PACER
66

Order on Stipulation

Sept. 19, 2022

Sept. 19, 2022

PACER
67

Stipulation and Proposed Order

Sept. 23, 2022

Sept. 23, 2022

PACER
67

Stipulation and Proposed Order

Sept. 23, 2022

Sept. 23, 2022

PACER
68

ORDER by Judge Hamilton granting in part and denying in part 62 Discovery Letter Brief; terminating 63 Discovery Letter Brief; granting in part and denying in part 65 Discovery Letter Brief. (pjhlc3, COURT STAFF) (Filed on 9/28/2022)

Sept. 28, 2022

Sept. 28, 2022

RECAP
68

ORDER by Judge Hamilton granting in part and denying in part 62 Discovery Letter Brief; terminating 63 Discovery Letter Brief; granting in part and denying in part 65 Discovery Letter Brief. (pjhlc3, COURT STAFF) (Filed on 9/28/2022)

Sept. 28, 2022

Sept. 28, 2022

RECAP
69

ORDER by Judge Hamilton granting 67 Stipulation. (pjhlc3, COURT STAFF) (Filed on 9/28/2022)

Sept. 28, 2022

Sept. 28, 2022

RECAP
69

ORDER by Judge Hamilton granting 67 Stipulation. (pjhlc3, COURT STAFF) (Filed on 9/28/2022)

Sept. 28, 2022

Sept. 28, 2022

RECAP
70

Leave to File Document

Oct. 1, 2022

Oct. 1, 2022

PACER
70

Leave to File Document

Oct. 1, 2022

Oct. 1, 2022

PACER