Case: Hernandez v. San Jose

5:16-cv-03957 | U.S. District Court for the Northern District of California

Filed Date: July 14, 2016

Closed Date: March 23, 2020

Clearinghouse coding complete

Case Summary

On July 14, 2016, attendees of a rally for presidential candidate Donald Trump filed this class action lawsuit against the City of San Jose, its Mayor, individual police officers in their personal capacity, and anti-Trump protestors. Plaintiffs claimed that at the end of the rally, as they were leaving, San Jose police directed them into a crowd of violent anti-Trump protesters who allegedly assaulted the plaintiffs. The police had designated this exit for Trump supporters, but sticking to this…

On July 14, 2016, attendees of a rally for presidential candidate Donald Trump filed this class action lawsuit against the City of San Jose, its Mayor, individual police officers in their personal capacity, and anti-Trump protestors. Plaintiffs claimed that at the end of the rally, as they were leaving, San Jose police directed them into a crowd of violent anti-Trump protesters who allegedly assaulted the plaintiffs. The police had designated this exit for Trump supporters, but sticking to this plan violated plaintiffs’ constitutional rights, according to plaintiffs, once police knew this area was populated with angry anti-Trump protestors. The plaintiffs, represented by private counsel, alleged that these actions violated the First and Fourteenth Amendments, along with a litany of state statutory and tort laws (there were 28 claims in total). Plaintiffs filed this suit in the US District Court for the Northern District of California seeking compensatory and punitive damages along with injunction relief. It was assigned to the Honorable Lucy Koh. 

On October 13, 2016, the court partially granted defendants’ motion for dismissal. 2016 WL 5944095. The court dismissed without prejudice the plaintiffs’ First Amendment claims and some of the state law claims. But the court ruled that plaintiffs had satisfactorily alleged its negligence claims against the city and its officers.

Plaintiffs filed their first amended complaint on November 14, 2016, attempting to remedy the errors identified by the court in their initial complaint. But the court partially granted defendants motion to dismiss again on March 14, 2017. 241 F.Supp.3d 959. The court dismissed various theories of liability against the Police Chief, but ultimately denied the motion to dismiss the Fourteenth Amendment claim against the police chief because the plaintiffs sufficiently alleged that he “ratified” the unconstitutional acts. The court also upheld Fourteenth Amendment claims against individual officers who took an affirmative action, such as leading defendants into a crowd of anti-Trump protestors, that exposed plaintiffs to a danger that they would not have faced otherwise. Many other theories of liability were dismissed, as were some more of the state law claims. Judge Koh also denied qualified immunity to the individual officers because they were on notice at the time of the rally that they could not expose the plaintiffs to danger with deliberate indifference. The city defendants appealed the denial of qualified immunity to the Ninth Circuit, but the Ninth Circuit affirmed on July 27, 2018, finding that this was a rare “obvious” case in which the defendants should have been on notice that their alleged misconduct was unconstitutional. 897 F.3d 1125.

On May 15, 2017, the court severed claims against the city defendants into one action and the claims relating to individual anti-Trump protestors into separate actions. 2017 WL 2081236.  

Following this severance, the court ruled that it lacked jurisdiction over the claims against the anti-Trump protestors. Accordingly, it dismissed those claims without prejudice so that they could be filed in state court. The remaining claims in federal court were: (1) the § 1983 claim against the individual police officers, (2) the Monell claim against the City; and (3) the negligence claim against all the city defendants.

The plaintiffs filed a motion for class certification on May 30, 2019. They sought to certify a main class consisting of “All persons who attended the June 2, 2016 Donald J. Trump campaign Rally at the South Hall of the McEnery Convention Center in San Jose, California, and who, upon exiting the Rally, were either (1) directed, or otherwise required, by agents of the City of San Jose to leave in the direction of, or along a route toward, anti-Trump protestors, and/or (2) were prevented by agents of the City of San Jose from leaving by any alternate route.” They also sought to certify a subclass consisting of “All members of the Class who sustained injury to their persons or damage to their property upon leaving the Rally.” The district court denied class certification on September 17, 2019. 2019 WL 4450930. The main class was denied certification because the plaintiffs lacked standing to pursue injunctive relief. The subclass failed to satisfy the predominance and commonality requirements for class certification.

The parties engaged in settlement negotiations throughout 2019 and into 2020. On March 10, 2020, the parties reached a settlement. As part of the settlement, the Mayor of San Jose agreed to make a public statement stipulated by the parties. Further, the San Jose Police Department agreed to conduct additional training on crowd control and to issue an apology to the plaintiffs. The parties covered their own costs of litigation. The parties moved for dismissal without prejudice, and the court entered that order on March 23, 2020.

This case is closed.

Summary Authors

Jordan Katz (12/20/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4182972/parties/hernandez-v-san-jose/


Judge(s)

Cousins, Nathanael M. (California)

DeMarchi, Virginia K. (California)

Fletcher, William A. (California)

Kleinfeld, Andrew Jay (Alaska)

Koh, Lucy Haeran (California)

Nelson, Dorothy Wright (California)

Attorneys(s) for Plaintiff

Baughman, Krista Lee (California)

Dhillon, Harmeet K. (California)

Michael, Gregory Richard (California)

Attorneys(s) for Defendant

Dafa, Jalle H (California)

Judge(s)

Cousins, Nathanael M. (California)

DeMarchi, Virginia K. (California)

Fletcher, William A. (California)

Kleinfeld, Andrew Jay (Alaska)

Koh, Lucy Haeran (California)

Nelson, Dorothy Wright (California)

Attorneys(s) for Plaintiff

Baughman, Krista Lee (California)

Dhillon, Harmeet K. (California)

Michael, Gregory Richard (California)

Attorneys(s) for Defendant

Dafa, Jalle H (California)

Johnson, Ardell (California)

Pritchard, Matthew W (California)

Siegel, Daniel Mark (California)

Documents in the Clearinghouse

Document

5:16-cv-03957

0:17-15576

0:19-80133

Docket [PACER]

March 24, 2020

March 24, 2020

Docket
1

5:16-cv-03957

Class Action Complaint for Civil Rights Violations and Related Claims

Hernandez v. City of San Jose

July 14, 2016

July 14, 2016

Complaint
30

5:16-cv-03957

Order Granting in Part with Leave to Amend and Denying in Part Motion to Dismiss

Hernandez v. City of San Jose

2016 WL 5944095

Oct. 13, 2016

Oct. 13, 2016

Order/Opinion
34

5:16-cv-03957

Order Authorizing Service by Publication

Hernandez v. City of San Jose

2016 WL 6582048

Nov. 7, 2016

Nov. 7, 2016

Order/Opinion
35

5:16-cv-03957

First Amended Class Action Complaint for Civil Rights Violations and Related Claims

Hernandez v. City of San Jose

Nov. 14, 2016

Nov. 14, 2016

Complaint
72

5:16-cv-03957

Order Granting in Part with Prejudice and Denying in Part Motion to Dismiss

Hernandez v. City of San Jose

241 F.Supp.3d 959

March 14, 2017

March 14, 2017

Order/Opinion
96

5:16-cv-03957

Order Severing Claims, Dismissing Actions without Prejudice, and Staying Action

Hernandez v. City of San Jose

2017 WL 2081236

May 15, 2017

May 15, 2017

Order/Opinion
35

5:16-cv-03957

0:17-15576

Opinion

Hernandez v. City of San Jose

U. S. Court of Appeals for the Ninth Circuit

897 F.3d 1125

July 27, 2018

July 27, 2018

Order/Opinion
145

5:16-cv-03957

Order Denying Plaintiffs' Motion for Class Certification

Hernandez v. City of San Jose

2019 WL 4450930

Sept. 17, 2019

Sept. 17, 2019

Order/Opinion
155

Notice of Conditional Settlement; and Joint Stipulation and [Proposed] Order Continuing Case Management Conference to April 29, 2020

Hernandez v. City of San Jose

March 10, 2020

March 10, 2020

Notice Letter

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4182972/hernandez-v-san-jose/

Last updated July 17, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-10606326.). Filed byCraig Parsons, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Greg Hyver, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Todd Broome, Dustin Haines-Scrodin, Rachel Casey, Christina Wong, Mark Doering. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Michael, Gregory) (Filed on 7/14/2016) (Entered: 07/14/2016)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

July 14, 2016

July 14, 2016

Clearinghouse
2

Case assigned to Hon. Lucy H. Koh and Magistrate Judge Howard R. Lloyd. 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 7/14/2016) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
3

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/5/2016. Case Management Conference set for 10/12/2016 02:00 PM in Courtroom 8, 4th Floor, San Jose. (dhmS, COURT STAFF) (Filed on 7/14/2016) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
4

Summons Issued as to H. A., Edgardo Garcia, Sam Liccardo, S. M., City of San Jose, Anthony Yi. (dhmS, COURT STAFF) (Filed on 7/14/2016) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
5

Certificate of Interested Entities by Barbara Arigoni, Todd Broome, Rachel Casey, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Greg Hyver, I. P., Craig Parsons, Frank Velasquez, Nathan Velasquez, Christina Wong, Andrew Zambetti PLAINTIFFS CERTIFICATION OF INTERESTED ENTITIES OR PERSONS (Attachments: # 1 Certificate/Proof of Service Certificate of Service)(Dhillon, Harmeet) (Filed on 8/1/2016) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
6

First MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) filed by City of San Jose. Motion Hearing set for 10/13/2016 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 8/18/2016. Replies due by 8/25/2016. (Attachments: # 1 Request for Judicial Notice in Support of Motion to Dismiss)(Johnson, Ardell) (Filed on 8/4/2016) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
7

**CLERK'S SCHEDULING NOTICE** Pursuant to this Notice, the Initial Case Management Conference is HEREBY CONTINUED to 10/13/2016 at 1:30 PM in Courtroom 8, 4th Floor, San Jose, which is the same date/time of the hearing on the pending motion to dismiss. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). (This is a text only docket entry, there is no document associated with this notice.) (sms, COURT STAFF) (Filed on 8/4/2016) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
8

STIPULATION WITH PROPOSED ORDER re 6 First MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) Stipulation Extending Briefing Schedule re City Defendants' Motion to Dismiss filed by Barbara Arigoni, Todd Broome, Rachel Casey, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Greg Hyver, I. P., Craig Parsons, Frank Velasquez, Nathan Velasquez, Christina Wong, Andrew Zambetti. (Michael, Gregory) (Filed on 8/15/2016) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
9

Order by Judge Lucy Koh Granting 8 Stipulation. (lhklc2S, COURT STAFF) (Filed on 8/15/2016) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
10

RESPONSE (re 6 First MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) ) PLAINTIFFS' OPPOSITION TO CITY DEFENDANTS' MOTION TO DISMISS filed byBarbara Arigoni, Todd Broome, Rachel Casey, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Greg Hyver, I. P., Craig Parsons, Frank Velasquez, Nathan Velasquez, Christina Wong, Andrew Zambetti. (Attachments: # 1 Proposed Order Proposed Order Denying Motion to Dismiss)(Dhillon, Harmeet) (Filed on 9/8/2016) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

PACER
11

REPLY (re 6 First MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) ) filed byCity of San Jose. (Pritchard, Matthew) (Filed on 9/15/2016) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
12

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options filed by Andrew Zambetti, Barbara Arigoni, Christina Wong, Craig Parsons, Dustin Haines-Scrodin, Frank Velasquez, Greg Hyver, Juan Hernandez, Mark Doering, Mary Doering, Nathan Velasquez, Rachel Casey, Shannon Parsons on behalf of I.P., and Todd Broome (Dhillon, Harmeet) (Filed on 9/22/2016) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

RECAP
13

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Dhillon, Harmeet) (Filed on 9/22/2016) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
14

ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, October 11, 2016, at 10:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 9/22/2016) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
15

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Johnson, Ardell) (Filed on 9/23/2016) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
16

NOTICE of Appearance by Daniel Mark Siegel (Siegel, Daniel) (Filed on 9/30/2016) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
17

JOINT CASE MANAGEMENT STATEMENT filed by Barbara Arigoni, Todd Broome, Rachel Casey, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Greg Hyver, I. P., Craig Parsons, Frank Velasquez, Nathan Velasquez, Christina Wong, Andrew Zambetti. (Dhillon, Harmeet) (Filed on 10/6/2016) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
18

ADR Remark: ADR Phone Conference held by Tamara Lange on 10/11/2016. (af, COURT STAFF) (Filed on 10/11/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
19

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** CERTIFICATE OF SERVICE by Barbara Arigoni, Todd Broome, Rachel Casey, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Greg Hyver, I. P., Craig Parsons, Frank Velasquez, Nathan Velasquez, Christina Wong, Andrew Zambetti Certificate of Service of Summons on H.A. (Dhillon, Harmeet) (Filed on 10/11/2016) Modified text on 10/12/2016 (dhmS, COURT STAFF). (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
20

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** CERTIFICATE OF SERVICE by Barbara Arigoni, Todd Broome, Rachel Casey, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Greg Hyver, I. P., Craig Parsons, Frank Velasquez, Nathan Velasquez, Christina Wong, Andrew Zambetti Certificate of Service of Summons on Edgardo Garcia (Dhillon, Harmeet) (Filed on 10/11/2016) Modified text on 10/12/2016 (dhmS, COURT STAFF). (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
21

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** CERTIFICATE OF SERVICE by Barbara Arigoni, Todd Broome, Rachel Casey, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Greg Hyver, I. P., Craig Parsons, Frank Velasquez, Nathan Velasquez, Christina Wong, Andrew Zambetti Certificate of Service of Summons on City of San Jose (Dhillon, Harmeet) (Filed on 10/11/2016) Modified text on 10/12/2016 (dhmS, COURT STAFF). (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
22

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** CERTIFICATE OF SERVICE by Barbara Arigoni, Todd Broome, Rachel Casey, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Greg Hyver, I. P., Craig Parsons, Frank Velasquez, Nathan Velasquez, Christina Wong, Andrew Zambetti Certificate of Service of Summons on Sam Liccardo (Dhillon, Harmeet) (Filed on 10/11/2016) Modified text on 10/12/2016 (dhmS, COURT STAFF). (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
23

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** CERTIFICATE OF SERVICE by Barbara Arigoni, Todd Broome, Rachel Casey, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Greg Hyver, I. P., Craig Parsons, Frank Velasquez, Nathan Velasquez, Christina Wong, Andrew Zambetti Certificate of Service of Summons on S.M. (Dhillon, Harmeet) (Filed on 10/11/2016) Modified text on 10/12/2016 (dhmS, COURT STAFF). (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
24

**CLERK'S NOTICE VACATING THURSDAY'S MOTION HEARING (CMC REMAINS AS SET)** Pursuant to Civil Local Rule 7-1(b), the Court finds the pending Motion to Dismiss (ECF No. 6 ) suitable for decision without oral argument and hereby VACATES the hearing set for October 13, 2016 at 1:30PM. The October 13, 2016 Case Management Conference REMAINS AS PREVIOUSLY SET. (This is a text-only notice; there is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 10/11/2016) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER

Electronic filing error. Incorrect event used. [err101] Please re-file in its entirety using correct event Summons Returned Executed. Re: 23 Certificate of Service, filed by Nathan Velasquez, Craig Parsons, Rachel Casey, I. P., Christina Wong, Frank Velasquez, Dustin Haines-Scrodin, Barbara Arigoni, Greg Hyver, Mark Doering, Todd Broome, Mary Doering, Juan Hernandez, Andrew Zambetti, 22 Certificate of Service, filed by Nathan Velasquez, Craig Parsons, Rachel Casey, I. P., Christina Wong, Frank Velasquez, Dustin Haines-Scrodin, Barbara Arigoni, Greg Hyver, Mark Doering, Todd Broome, Mary Doering, Andrew Zambetti, Juan Hernandez, 19 Certificate of Service, filed by Nathan Velasquez, Craig Parsons, Rachel Casey, I. P., Christina Wong, Frank Velasquez, Dustin Haines-Scrodin, Barbara Arigoni, Greg Hyver, Mark Doering, Todd Broome, Mary Doering, Andrew Zambetti, Juan Hernandez, 21 Certificate of Service, filed by Nathan Velasquez, Craig Parsons, Rachel Casey, I. P., Christina Wong, Frank Velasquez, Dustin Haines-Scrodin, Barbara Arigoni, Greg Hyver, Mark Doering, Todd Broome, Mary Doering, Andrew Zambetti, Juan Hernandez, 20 Certificate of Service, filed by Nathan Velasquez, Craig Parsons, Rachel Casey, I. P., Christina Wong, Frank Velasquez, Dustin Haines-Scrodin, Barbara Arigoni, Greg Hyver, Mark Doering, Todd Broome, Mary Doering, Andrew Zambetti, Juan Hernandez (dhmS, COURT STAFF) (Filed on 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
25

SUMMONS Returned Executed by Craig Parsons, Barbara Arigoni, Nathan Velasquez, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Todd Broome, Dustin Haines-Scrodin, Rachel Casey, Christina Wong, Mark Doering. H. A. served on 9/27/2016, answer due 10/18/2016. (Dhillon, Harmeet) (Filed on 10/12/2016) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
26

SUMMONS Returned Executed by Craig Parsons, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Greg Hyver, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Todd Broome, Dustin Haines-Scrodin, Rachel Casey, Christina Wong, Mark Doering. S. M. served on 8/17/2016, answer due 9/7/2016. (Dhillon, Harmeet) (Filed on 10/12/2016) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
27

SUMMONS Returned Executed by Craig Parsons, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Greg Hyver, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Todd Broome, Dustin Haines-Scrodin, Rachel Casey, Christina Wong, Mark Doering. Sam Liccardo served on 7/15/2016, answer due 8/5/2016. (Dhillon, Harmeet) (Filed on 10/12/2016) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
28

SUMMONS Returned Executed by Craig Parsons, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Greg Hyver, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Todd Broome, Dustin Haines-Scrodin, Rachel Casey, Christina Wong, Mark Doering. Edgardo Garcia served on 7/15/2016, answer due 8/5/2016. (Dhillon, Harmeet) (Filed on 10/12/2016) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
29

SUMMONS Returned Executed by Craig Parsons, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Greg Hyver, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Todd Broome, Dustin Haines-Scrodin, Rachel Casey, Christina Wong, Mark Doering. City of San Jose served on 7/14/2016, answer due 8/4/2016. (Dhillon, Harmeet) (Filed on 10/12/2016) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
30

Order by Hon. Lucy H. Koh Granting in Part and Denying in Part 6 Motion to Dismiss.(lhklc2, COURT STAFF) (Filed on 10/13/2016) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

Clearinghouse
31

Minute Entry for proceedings held before Hon. Lucy H. Koh: Initial Case Management Conference held on 10/13/2016 from 1:46 to 2:26PM. A forthcoming Case Management Order will memorialize all relevant information, deadlines, and rulings from the Conference. A further Case Management Conference is set for 1/18/2017 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. 7-days prior to the next CMC date, the parties shall file an updated Joint Case Management Statement, pursuant to Civil Local Rules 16-10(d). Court Reporter: Summer Fisher. Courtroom Deputy: Oscar Rivera. For Plaintiff(s): Harmeet Dhillon. For Defendant(s): Matthew Pritchard and Daniel Siegel. (This is a text only Minute Entry; there is no document associated with this entry) (ofr, COURT STAFF) (Date Filed: 10/13/2016) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
32

Initial Case Management Order. Signed by Judge Lucy H. Koh on 10/13/16. (lhklc2, COURT STAFF) (Filed on 10/13/2016) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER

***Setting hearings: Class Certification Hearing set for 7/13/2017 01:30 PM in Courtroom 8, 4th Floor, San Jose. Dispositive Motion Hearing set for 2/8/2018 01:30 PM in Courtroom 8, 4th Floor, San Jose. Final Pretrial Conference set for 4/12/2018 01:30 PM in Courtroom 8, 4th Floor, San Jose. Jury Trial (10 day estimate) set for 4/30/2018 09:00 AM in Courtroom 8, 4th Floor, San Jose. Pursuant to ECF No. 32 . (ofr, COURT STAFF) (Filed on 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
33

MOTION for Service by Publication filed by Barbara Arigoni, Todd Broome, Rachel Casey, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Greg Hyver, I. P., Craig Parsons, Frank Velasquez, Nathan Velasquez, Andrew Zambetti. (Attachments: # 1 Proposed Order [Proposed] Order For Publication of Summons, # 2 Declaration Declaration of Gregory R. Michael In Support of Ex Parte Application for Publication of Summons, # 3 Exhibit Exhibit A to Declaration of Gregory R. Michael in Support of Ex Parte Application for Order for Publication of Summons, # 4 Exhibit Exhibit B to Declaration of Gregory R. Michael in Support of Ex Parte Application for Order for Publication of Summons, # 5 Exhibit Exhibit C to Declaration of Gregory R. Michael in Support of Ex Parte Application for Order for Publication of Summons, # 6 Exhibit Exhibit D to Declaration of Gregory R. Michael in Support of Ex Parte Application for Order for Publication of Summons, # 7 Exhibit Exhibit E to Declaration of Gregory R. Michael in Support of Ex Parte Application for Order for Publication of Summons)(Dhillon, Harmeet) (Filed on 10/28/2016) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
34

Order by Hon. Lucy H. Koh Granting 33 Motion for Service by Publication.(lhklc2, COURT STAFF) (Filed on 11/7/2016) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

Clearinghouse
35

AMENDED COMPLAINT First Amended Class Action Complaint for Civil Rights Violations and Related Claims against H. A., Edgardo Garcia, S. M., City of San Jose, Anthony Yi, Loyd Kinsworthy, Lisa Gannon, Kevin Abruzzini, Paul Messier, Paul Spagnoli, Johnson Fong, Jason Ta, Victor Gasca, Daniel Arciga, Rafael Medina, Anthony McBride. Filed byCraig Parsons, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Greg Hyver, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Todd Broome, Dustin Haines-Scrodin, Rachel Casey, Christina Wong, Mark Doering, Donovan Rost, Michele Wilson, Cole Cassady, Theodore Jones, Martin Mercado, Christopher Holland. (Dhillon, Harmeet) (Filed on 11/14/2016) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

Clearinghouse
36

Proposed Summons. (Dhillon, Harmeet) (Filed on 11/14/2016) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
37

Summons Issued as to Kevin Abruzzini, Daniel Arciga, Johnson Fong, Lisa Gannon, Victor Gasca, Loyd Kinsworthy, Anthony McBride, Rafael Medina, Paul Messier, Paul Spagnoli, Jason Ta. (dhmS, COURT STAFF) (Filed on 11/15/2016) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
38

STIPULATION STIPULATION AGREEING TO THE ADDITION OF PARTIES filed by Barbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Dhillon, Harmeet) (Filed on 11/21/2016) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
39

STIPULATION WITH PROPOSED ORDER Extending Briefing Schedule Re: City Defendants' Motion to Dismiss filed by Edgardo Garcia, City of San Jose. (Pritchard, Matthew) (Filed on 11/30/2016) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
40

Order by Hon. Lucy H. Koh Granting 39 Stipulation.(lhklc2S, COURT STAFF) (Filed on 12/1/2016) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
41

ANSWER to Amended Complaint byS. M.. (Siegel, Daniel) (Filed on 12/6/2016) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
42

SUMMONS Returned Executed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. Victor Gasca served on 11/25/2016, answer due 12/16/2016. (Dhillon, Harmeet) (Filed on 12/8/2016) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
43

SUMMONS Returned Executed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. Rafael Medina served on 11/25/2016, answer due 12/16/2016. (Dhillon, Harmeet) (Filed on 12/8/2016) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
44

MOTION to Dismiss First Amended Complaint filed by Kevin Abruzzini, Johnson Fong, Lisa Gannon, Edgardo Garcia, Loyd Kinsworthy, Paul Messier, City of San Jose, Paul Spagnoli, Jason Ta. Motion Hearing set for 3/9/2017 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 1/19/2017. Replies due by 1/26/2017. (Pritchard, Matthew) (Filed on 12/22/2016) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
45

SUMMONS Returned Executed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. Anthony Yi served on 12/2/2016, answer due 12/23/2016. (Dhillon, Harmeet) (Filed on 1/3/2017) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
46

WAIVER OF SERVICE Returned Executed filed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. Service waived by Paul Messier waiver sent on 11/22/2016, answer due 1/23/2017. (Dhillon, Harmeet) (Filed on 1/3/2017) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
47

WAIVER OF SERVICE Returned Executed filed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. Service waived by Johnson Fong waiver sent on 11/22/2016, answer due 1/23/2017. (Dhillon, Harmeet) (Filed on 1/3/2017) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
48

WAIVER OF SERVICE Returned Executed filed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. Service waived by Loyd Kinsworthy waiver sent on 11/22/2016, answer due 1/23/2017. (Dhillon, Harmeet) (Filed on 1/3/2017) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
49

WAIVER OF SERVICE Returned Executed filed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. Service waived by Kevin Abruzzini waiver sent on 11/22/2016, answer due 1/23/2017. (Dhillon, Harmeet) (Filed on 1/3/2017) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
50

WAIVER OF SERVICE Returned Executed filed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. Service waived by Lisa Gannon waiver sent on 11/22/2016, answer due 1/23/2017. (Dhillon, Harmeet) (Filed on 1/3/2017) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
51

SUMMONS Returned Executed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. Paul Spagnoli served on 12/7/2016, answer due 12/28/2016. (Dhillon, Harmeet) (Filed on 1/3/2017) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
52

SUMMONS Returned Executed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. Jason Ta served on 12/7/2016, answer due 12/28/2016. (Dhillon, Harmeet) (Filed on 1/3/2017) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
53

WAIVER OF SERVICE Returned Executed filed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. (Dhillon, Harmeet) (Filed on 1/3/2017) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
54

WAIVER OF SERVICE Returned Executed filed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. (Dhillon, Harmeet) (Filed on 1/3/2017) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
55

Certificate of Interested Entities by Cole Cassady, Christopher Holland, Theodore Jones, Martin Mercado, Donovan Rost, Michele Wilson (Dhillon, Harmeet) (Filed on 1/11/2017) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
56

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options as to Christopher Holland, Donovan Rost, Michele Wilson, Cole Cassady, Theodore Jones, and Martin Mercado (Dhillon, Harmeet) (Filed on 1/11/2017) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
57

JOINT CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Barbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Dhillon, Harmeet) (Filed on 1/11/2017) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
58

Minute Entry for proceedings held before Hon. Lucy H. Koh: Further Case Management Conference held on 1/18/2017 from 3:51 to 4:16PM. A forthcoming Case Management Order will memorialize all relevant information, deadlines, and rulings from the Conference. A further Case Management Conference is set for 3/9/2017 at 1:30 PM in Courtroom 8, 4th Floor, San Jose. 7-days prior to the next CMC date, the parties shall file an updated Joint Case Management Statement, pursuant to Civil Local Rules 16-10(d). Court Reporter: Summer Fisher. Courtroom Deputy: Oscar Rivera. For Plaintiff(s): Krista Baughman. For Defendant(s): Daniel Siegel and Matthew Pritchard(This is a text only Minute Entry; there is no document associated with this entry) (ofr, COURT STAFF) (Date Filed: 1/18/2017) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
59

Case Management Order. Signed by Judge Lucy H. Koh on 1/18/17. (lhklc2S, COURT STAFF) (Filed on 1/18/2017) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
60

OPPOSITION/RESPONSE (re 44 MOTION to Dismiss First Amended Complaint ) Plaintiffs' Opposition to City Defendants' Motion to Dismiss filed byBarbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Attachments: # 1 Proposed Order)(Dhillon, Harmeet) (Filed on 1/19/2017) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
61

REPLY (re 44 MOTION to Dismiss First Amended Complaint ) Filed by Edgardo Garcia, Loyd Kinsworthy, Lisa Gannon, Kevin Abruzzini, Paul Messier filed byCity of San Jose, Paul Spagnoli, Jason Ta. (Pritchard, Matthew) (Filed on 1/26/2017) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
62

STIPULATION JOINT STIPULATION REGARDING DISMISSAL WITHOUT PREJUDICE OF DEFENDANT SAM LICCARDO filed by Barbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Dhillon, Harmeet) (Filed on 1/27/2017) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
63

MOTION for Protective Order and Objection to Initial Disclosures filed by Kevin Abruzzini, Johnson Fong, Lisa Gannon, Edgardo Garcia, Loyd Kinsworthy, Paul Messier, City of San Jose, Jason Ta. Motion Hearing set for 3/30/2017 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 4/13/2017. Replies due by 4/20/2017. (Attachments: # 1 Proposed Order)(Pritchard, Matthew) (Filed on 2/1/2017) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER

***Correcting response and reply deadlines as to 63 MOTION for Protective Order and Objection to Initial Disclosures. Responses due by 2/15/2017. Replies due by 2/22/2017. (ofr, COURT STAFF) (Filed on 2/1/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
64

MOTION to Appear by Telephone Defendants' Request for Telephonic Appearance at Case Management Conference filed by S. M.. (Siegel, Daniel) (Filed on 2/6/2017) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
65

ORDER GRANTING DEFENDANTS', H.A., a minor individual, and S.M., a minor individual, REQUEST FOR TELEPHONIC APPEARANCE AT CASE MANAGEMENT CONFERENCE, granting 64 . Counsel is instructed to contact CourtCall at 866-582-6878 to arrange for telephonic appearance. Signed by Hon. Lucy H. Koh on 2/6/2017. (ofr, COURT STAFF) (Filed on 2/6/2017) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
66

MOTION for Service by Publication of Summons, or Alternatively to Enlarge Time to Serve Defendant Anthony McBride filed by Rachel Casey. (Attachments: # 1 Declaration of Harmeet K. Dhillon, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Proposed Order)(Dhillon, Harmeet) (Filed on 2/10/2017) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
67

MOTION for Service by Publication of Summons, or Alternatively to Enlarge Time to Serve Defendant Daniel Arciga filed by Rachel Casey, Theodore Jones. (Attachments: # 1 Declaration of Gregory R. Michael, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Order)(Dhillon, Harmeet) (Filed on 2/10/2017) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
68

OPPOSITION/RESPONSE (re 63 MOTION for Protective Order and Objection to Initial Disclosures ) filed byBarbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Attachments: # 1 Declaration of Harmeet K. Dhillon, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Proposed Order)(Dhillon, Harmeet) (Filed on 2/15/2017) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
69

REPLY (re 63 MOTION for Protective Order and Objection to Initial Disclosures ) filed byKevin Abruzzini, Johnson Fong, Lisa Gannon, Edgardo Garcia, Loyd Kinsworthy, Paul Messier, City of San Jose, Paul Spagnoli, Jason Ta. (Pritchard, Matthew) (Filed on 2/22/2017) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
70

JOINT CASE MANAGEMENT STATEMENT filed by Barbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Dhillon, Harmeet) (Filed on 3/2/2017) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
71

Order Vacating Hearing and Continuing Case Management Conference. Signed by Judge Lucy H. Koh on 3/7/17. (lhklc2S, COURT STAFF) (Filed on 3/7/2017) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER
72

Order by Hon. Lucy H. Koh Granting in Part with Prejudice and Denying in Part 44 Motion to Dismiss.(lhklc2S, COURT STAFF) (Filed on 3/14/2017) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

Clearinghouse
73

Order Regarding Joint Case Management Statement. Signed by Judge Lucy H. Koh on 3/14/17. (lhklc2S, COURT STAFF) (Filed on 3/14/2017) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
74

JOINT CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Barbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Dhillon, Harmeet) (Filed on 3/15/2017) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
76

Minute Entry for proceedings held before Hon. Lucy H. Koh: Further Case Management Conference held on 3/16/17 from 2:13 - 2:32 PM (19 minutes). A forthcoming Case Management Order will memorialize all relevant information, deadlines, and rulings from the Conference. A further Case Management Conference is set for 04/24/17 at 1:30 PM in Courtroom 8, 4th Floor, San Jose. 7-days prior to the next CMC date, the parties shall file an updated Joint Case Management Statement, pursuant to Civil Local Rules 16-10(d). Court Reporter: Summer Fisher. Courtroom Deputy: Irene Mason. For Plaintiff(s): Harmeet Dhillon and Gregory Michael. For Defendant(s): Matthew Pritchard, personally present and Daniel Siegel, appearing telephonically. (This is a text only Minute Entry; there is no document associated with this entry)(iym, COURT STAFF) (Date Filed: 3/16/2017) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
77

Case Management Order. Signed by Judge Lucy H. Koh on 3/16/17. (lhklc2S, COURT STAFF) (Filed on 3/16/2017) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER

Set/Reset Hearing pursuant to ECF No. 77 .Further Case Management Conference and Motion for Misjoinder or Joint Motion to Decline Supplemental Jurisdiction set for 4/24/2017 01:30 PM in Courtroom 8, 4th Floor, San Jose. Hearing on Dispositive Motions set for 3/8/2018 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Class Certification Hearing set for 8/31/2017 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Final Pretrial Conference set for 5/10/2018 01:30 PM in Courtroom 8, 4th Floor, San Jose. Jury Trial (10 day estimate) set for 5/29/2018 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (iym, COURT STAFF) (Filed on 3/16/2017)

March 16, 2017

March 16, 2017

PACER
78

STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference and Hearing of Joint Motion for Misjoinder or to Decline Supplemental Jurisdiction filed by Barbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Attachments: # 1 Declaration Declaration of Harmeet K. Dhillon In Support of Stipulation)(Dhillon, Harmeet) (Filed on 3/17/2017) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
79

Order by Hon. Lucy H. Koh Granting 78 Stipulation. Case Management Conference set for 5/4/2017 01:30 PM. Motion Hearing set for 5/4/2017 01:30 PM before Hon. Lucy H. Koh.(lhklc2S, COURT STAFF) (Filed on 3/17/2017) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
80

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Kevin Abruzzini, Johnson Fong, Lisa Gannon, Loyd Kinsworthy, Paul Messier, City of San Jose, Paul Spagnoli, Jason Ta. Appeal of Order on Motion to Dismiss 72 (APPEAL FEE NOT PAID) (Pritchard, Matthew) (Filed on 3/28/2017) Modified text on 3/29/2017 (dhmS, COURT STAFF). (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
81

Mailed request for payment of docket fee to appellant (cc to USCA) (dhmS, COURT STAFF) (Filed on 3/29/2017) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER
82

MOTION to Stay re 80 Notice of Appeal, filed by Kevin Abruzzini, Johnson Fong, Lisa Gannon, Loyd Kinsworthy, Paul Messier, City of San Jose, Paul Spagnoli, Jason Ta. Motion Hearing set for 6/15/2017 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 4/12/2017. Replies due by 4/19/2017. (Attachments: # 1 Notice, # 2 Proposed Order)(Pritchard, Matthew) (Filed on 3/29/2017) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER
83

USCA Case Number 17-15576 Ninth Circuit Court of Appeals for 80 Notice of Appeal, filed by Johnson Fong, Paul Spagnoli, City of San Jose, Jason Ta, Lisa Gannon, Loyd Kinsworthy, Kevin Abruzzini, Paul Messier. The schedule is set as follows: Mediation Questionnaire due on 04/06/2017. Transcript ordered by 04/27/2017. Transcript due 05/30/2017. Appellants Kevin Abruzzini, City of San Jose, Johnson Fong, Lisa Gannon, Loyd Kinsworthy, Paul Messier, Paul Spagnoli and Jason Ta opening brief due 07/06/2017. Appellees Barbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, I.P., Theodore Jones, Martin Mercado, Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong and Andrew Zambetti answering brief due 08/07/2017. Appellant's optional reply brief is due 14 days after service of the answering brief. (dhmS, COURT STAFF) (Filed on 3/30/2017) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
84

Joint MOTION to Sever Misjoined Parties filed by Kevin Abruzzini, Johnson Fong, Lisa Gannon, Loyd Kinsworthy, Paul Messier, City of San Jose, Paul Spagnoli, Jason Ta. Motion Hearing set for 5/4/2017 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 4/10/2017. Replies due by 4/14/2017. (Attachments: # 1 Notice)(Johnson, Ardell) (Filed on 3/30/2017) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
85

USCA Appeal Fees received $ 505 receipt number 54611016784 re 80 Notice of Appeal, filed by Johnson Fong, Paul Spagnoli, City of San Jose, Jason Ta, Lisa Gannon, Loyd Kinsworthy, Kevin Abruzzini, Paul Messier (cv, COURT STAFF) (Filed on 3/31/2017) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
86

CLERK'S NOTICE RE: ADVANCING HEARING DATE. Motion to Stay 82 advanced to 5/4/2017 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (This is a text-only entry generated by the court. There is no document associated with this entry.) (iym, COURT STAFF) (Filed on 4/3/2017) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER

USCA Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 03/31/2017. re 80 Notice of Appeal (dhmS, COURT STAFF) (Filed on 4/3/2017)

April 3, 2017

April 3, 2017

PACER
87

Proposed Order re 84 Joint MOTION to Sever Misjoined Parties by Kevin Abruzzini, Johnson Fong, Lisa Gannon, Loyd Kinsworthy, Paul Messier, City of San Jose, Paul Spagnoli, Jason Ta. (Pritchard, Matthew) (Filed on 4/4/2017) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
88

OPPOSITION/RESPONSE (re 84 Joint MOTION to Sever Misjoined Parties ) filed byBarbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Attachments: # 1 Proposed Order)(Dhillon, Harmeet) (Filed on 4/10/2017) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
89

OPPOSITION/RESPONSE (re 82 MOTION to Stay re 80 Notice of Appeal, ) Plaintiffs' Opposition to City Defendants' Motion for Stay of Action filed byBarbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Attachments: # 1 Declaration of Harmeet K. Dhillon, # 2 Exhibit 1 to Declaration of Harmeet K. Dhillon, # 3 Exhibit 2 to Declaration of Harmeet K. Dhillon, # 4 Proposed Order)(Dhillon, Harmeet) (Filed on 4/12/2017) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
90

REPLY (re 84 Joint MOTION to Sever Misjoined Parties ) filed byKevin Abruzzini, Johnson Fong, Lisa Gannon, Loyd Kinsworthy, Paul Messier, City of San Jose, Paul Spagnoli, Jason Ta. (Pritchard, Matthew) (Filed on 4/14/2017) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
91

REPLY (re 82 MOTION to Stay re 80 Notice of Appeal, ) filed byKevin Abruzzini, Johnson Fong, Lisa Gannon, Loyd Kinsworthy, Paul Messier, City of San Jose, Paul Spagnoli, Jason Ta. (Pritchard, Matthew) (Filed on 4/19/2017) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
92

JOINT CASE MANAGEMENT STATEMENT filed by Barbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Dhillon, Harmeet) (Filed on 4/27/2017) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
93

SUMMONS Returned Executed by Theodore Jones, Barbara Arigoni, Nathan Velasquez, Juan Hernandez, Michele Wilson, Todd Broome, Cole Cassady, Christina Wong, Craig Parsons, Martin Mercado, Greg Hyver, Donovan Rost, Mary Doering, Frank Velasquez, Andrew Zambetti, I. P., Dustin Haines-Scrodin, Rachel Casey, Christopher Holland, Mark Doering. Daniel Arciga served on 4/25/2017, answer due 5/16/2017. (Dhillon, Harmeet) (Filed on 5/2/2017) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
94

MOTION for Service by Publication As to Defendant Anthony McBride filed by Barbara Arigoni, Todd Broome, Rachel Casey, Cole Cassady, Mark Doering, Mary Doering, Dustin Haines-Scrodin, Juan Hernandez, Christopher Holland, Greg Hyver, Theodore Jones, Martin Mercado, I. P., Craig Parsons, Donovan Rost, Frank Velasquez, Nathan Velasquez, Michele Wilson, Christina Wong, Andrew Zambetti. (Attachments: # 1 Declaration of Harmeet K. Dhillon, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Proposed Order)(Dhillon, Harmeet) (Filed on 5/2/2017) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
95

CLERK'S NOTICE TAKING MOTIONS UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motions (ECF Nos. 82 and 84 ) before Judge Lucy H. Koh previously noticed for 5/4/17 at 1:30 PM have been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 5/4/17 hearing is VACATED. The Court to issue further Order on the submitted motions. The 5/4/2017 further CMC is HEREBY CONTINUED to 6/21/2017 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). (This is a text-only entry generated by the court. There is no document associated with this entry.) (iym, COURT STAFF) (Filed on 5/2/2017) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
96

Order by Judge Lucy H. Koh Severing Claims, Dismissing Actions Without Prejudice, and Staying Action. (lhklc2S, COURT STAFF) (Filed on 5/15/2017) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

Clearinghouse

Case Details

State / Territory: California

Case Type(s):

Policing

Speech and Religious Freedom

Key Dates

Filing Date: July 14, 2016

Closing Date: March 23, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who attended the June 2, 2016 Donald J. Trump campaign Rally at the South Hall of the McEnery Convention Center in San Jose, California, and who, upon exiting the Rally, were either (1) directed, or otherwise required, by agents of the City of San Jose to leave in the direction of, or along a route toward, anti-Trump protestors, and/or (2) were prevented by agents of the City of San Jose from leaving by any alternate route.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of San Jose (SanJ Jose), City

City of San Jose, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Apology

Training

Issues

General:

Aggressive behavior

Assault/abuse by residents/inmates/students

Failure to supervise

Failure to train