Case: Gaffet v. City of Oakland

3:21-cv-02881 | U.S. District Court for the Northern District of California

Filed Date: April 21, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

Starting in May 2020, millions of people around the country took the streets in response to the murder of George Floyd by Minneapolis Police Department officers. Thousands did the same in Oakland, California, to condemn the deaths of Black and Brown people by law enforcement. On April 21, 2020, individuals involved in two of these demonstrations in Oakland in May 2020 and June 2020 filed this putative class action lawsuit in the U.S. District Court for the Northern District of California allegi…

Starting in May 2020, millions of people around the country took the streets in response to the murder of George Floyd by Minneapolis Police Department officers. Thousands did the same in Oakland, California, to condemn the deaths of Black and Brown people by law enforcement.

On April 21, 2020, individuals involved in two of these demonstrations in Oakland in May 2020 and June 2020 filed this putative class action lawsuit in the U.S. District Court for the Northern District of California alleging that the Oakland Police Department (OPD) used blast grenades, teargas, and impact munitions against peaceful protestors. These individuals sought to represent all persons who had in the past participated, presently were participating, or may have in the future participated in, or been present at, demonstrations and crowd events within the city of Oakland in exercise of their rights of free speech, assembly, association, petition, and of the press ("the plaintiffs").

The plaintiffs sued the city of Oakland, the Interim Chief of Police of the OPD, the Deputy Chief of Police of the OPD, Alameda County, and the Sheriff and Coroner of Alameda County ("the defendants") alleging that the defendants violated the plaintiffs' rights under the First, Fourth, and Fourteenth Amendments to the U.S. Constitution; California state law; and the Declaratory Judgment Act. Specifically, the plaintiffs claimed that the defendants retaliated against the plaintiffs' exercise of their right to peaceably assemble and protest, used excessive force against protestors, wrongfully arrested and imprisoned protestors, targeted people of color who were protesting anti-Black racist police violence, and conspired to violate the plaintiffs' constitutional rights. Additionally, the plaintiffs alleged that the defendants committed assault and battery, failed to intervene, and engaged in negligence.

In their complaint, the plaintiffs asked the court for injunctive, declaratory, and monetary relief. The plaintiffs requested that the court enjoin the defendants from using chemical weapons, explosive grenades, and impact munitions in crowds, and that the court require the defendants to seal and destroy records derived from the arrests of the named plaintiffs. The defendants filed a motion to dismiss on August 24, 2021.

Chief Judge Richard Seeborg granted in part and denied in part the defendants' motion to dismiss on October 1, 2021. Chief Judge Seeborg dismissed only two of the plaintiffs' claims, finding that the plaintiffs failed to plead facts sufficient for their conspiracy claim and for their claim of discrimination under California state law.

In response to Chief Judge Seeborg's order, the plaintiffs filed an amended complaint on October 22, 2021, alleging facts to support their allegations of conspiracy and discrimination under California state law.

The court ordered the parties to meet for a settlement conference in front of Magistrate Judge Laurel Beeler on March 22, 2022. As of March 14, 2022, this case is ongoing.

Summary Authors

Richa Bijlani (3/14/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59842846/parties/kierra-brown-v-city-of-oakland/


Judge(s)
Attorney for Plaintiff

Flynn, Robert Michael (California)

Lederman, Rachel (California)

Attorney for Defendant

Baker, Montana Bess (California)

Bee, Maria (California)

Martin, Brigid S. (California)

show all people

Documents in the Clearinghouse

Document
1

3:21-cv-02881

Class Action Complaint for Damages, Declaratory and Injunctive Relief

April 21, 2021

April 21, 2021

Complaint
40

3:21-cv-02881

Order Denying in Part and Granting in Part Motion to Dismiss

Gaffett v. City of Oakland

Oct. 1, 2021

Oct. 1, 2021

Order/Opinion

2021 WL 2021

44

3:21-cv-02881

Second Amended Class Action Complaint for Damages, Declaratory and Injunctive Relief

Gaffett v. City of Oakland

Oct. 22, 2021

Oct. 22, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59842846/kierra-brown-v-city-of-oakland/

Last updated Feb. 26, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15867900.). Filed byJasmine Gaffet. (Attachments: # 1 Civil Cover Sheet)(Lederman, Rachel) (Filed on 4/21/2021) (Entered: 04/21/2021)

1 Civil Cover Sheet

View on PACER

April 21, 2021

April 21, 2021

Clearinghouse
2

Proposed Summons. (Lederman, Rachel) (Filed on 4/21/2021) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
3

Case assigned to Magistrate Judge Thomas S. Hixson. 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 5/5/2021. (jmlS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/15/2021. Initial Case Management Conference set for 7/22/2021 10:00 AM. (mclS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
5

Summons Issued as to Gregory J. Ahern, Alameda County, Leronne Armstrong, City Of Oakland, Susan Manheimer. (mclS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
6

COMPLAINT Corrected to Include Exhibits against All Defendants. Filed byJasmine Gaffett, Toshua Sears, Kierra Brown. (Attachments: # 1 Exhibit A, OPD Crowd Control Policy, # 2 Exhibit B, May 29, 2020 Letter, # 3 Exhibit C, OPD Chief's Memo on Crowd Control)(Lederman, Rachel) (Filed on 4/21/2021) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER

~Util - Case Assigned by Intake

April 21, 2021

April 21, 2021

PACER
7

MOTION to Relate Case filed by Kierra Brown, Jasmine Gaffett, Toshua Sears. (Lederman, Rachel) (Filed on 4/27/2021) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
8

OPPOSITION/RESPONSE (re 7 MOTION to Relate Case ) filed byCity Of Oakland. (Martin, Brigid) (Filed on 5/1/2021) (Entered: 05/01/2021)

May 1, 2021

May 1, 2021

PACER
9

Order by Judge William H. Orrick denying 7 Motion to Relate Case. (jmdS, COURT STAFF) (Filed on 5/3/2021) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER
10

CLERK'S NOTICE DETERMINING THAT CASES ARE NOT RELATED. (mllS, COURT STAFF) (Filed on 5/4/2021) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
11

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kierra Brown, Jasmine Gaffett, Toshua Sears.. (Lederman, Rachel) (Filed on 5/5/2021) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
12

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City Of Oakland.. (McLaughlin, Kevin) (Filed on 5/5/2021) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
13

SUMMONS RETURNED EXECUTED by Jasmine Gaffett. Gregory J. Ahern served on 5/3/21, answer due 5/24/21. (Flynn, Robert) (Filed on 5/6/2021) Modified on 5/7/2021 (mclS, COURT STAFF). (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
14

SUMMONS RETURNED EXECUTED by Jasmine Gaffett. County of Alameda served on 4/30/21, answer due 5/21/21. (Flynn, Robert) (Filed on 5/6/2021) Modified on 5/7/2021 (mclS, COURT STAFF). (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER

Electronic filing error. Incorrect event used. The Correct Event is 'SUMMONS RETURNED EXECUTED' found under the Initial Pleadings and Service/Service of Process cate gory. [err101]Corrected by Clerk's Office. No further action is necessary. Re: 13 Certificate of Service filed by Jasmine Gaffett, 14 Certificate of Service filed by Jasmine Gaffett. (mclS, COURT STAFF) (Filed on 5/7/2021)

May 7, 2021

May 7, 2021

PACER

Electronic Filing Error

May 7, 2021

May 7, 2021

PACER
15

STIPULATION re 13 Certificate of Service, 14 Certificate of Service Extending Time for Alameda County Defendants to Respond to Complaint filed by Gregory J. Ahern, Alameda County. (Thomas, Gregory) (Filed on 5/19/2021) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
16

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gregory J. Ahern, Alameda County.. (Thomas, Gregory) (Filed on 5/19/2021) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
17

NOTICE of Appearance by Temitayo O. Peters (Peters, Temitayo) (Filed on 5/19/2021) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
18

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 either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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 AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2S, COURT STAFF) (Filed on 5/20/2021) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
19

CLERK'S NOTICE DETERMINING THAT CASES ARE NOT RELATED to 20-cv-03866 JCS. (klhS, COURT STAFF) (Filed on 5/20/2021) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER

Clerk's Notice of Impending Reassignment - Text Only

May 20, 2021

May 20, 2021

PACER
20

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case,. Signed by Clerk on 05/21/2021. (mbcS, COURT STAFF) (Filed on 5/21/2021) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
21

CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for 7/29/2021 at 10:00 AM before Judge Richard Seeborg upon reassignment. Case Management Statement due by 7/22/2021. All parties shall appear by videoconference using log-in instructions the Court will provide in advance. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 5/21/2021) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER

Clerk's Notice

May 21, 2021

May 21, 2021

PACER
22

STIPULATION WITH PROPOSED ORDER re 21 Clerk's Notice,, to Continue Initial Case Management Conference filed by Gregory J. Ahern, Alameda County. (Thomas, Gregory) (Filed on 5/26/2021) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
23

STIPULATION AND ORDER RE 22 to Continue Initial Case Management Conference. Initial Case Management Conference previously set for 7/29/2021 is continued to 8/5/2021 at 10:00 AM in San Francisco, - Videoconference Only. Signed by Judge Richard Seeborg on 5/26/2021. (clS, COURT STAFF) (Filed on 5/26/2021) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

RECAP
24

ANSWER to Complaint, by City Of Oakland, Susan Manheimer, Leronne Armstrong . (McLaughlin, Kevin) (Filed on 7/2/2021) Modified on 7/2/2021 (mclS, COURT STAFF). (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
25

DEFENDANTS SUSAN MANHEIMER AND LERONNE ARMSTRONGS CERTIFICATION OF NON-PARTY INTERESTED ENTITIES OR PERSONS. (Mendoza, Luz) (Filed on 7/2/2021) Modified on 7/2/2021 (mclS, COURT STAFF). (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER

Electronic filing error. Incorrect event used. The correct event is 'Certificate of Interested Entities', [err101]Corrected by Clerk's Office. No further a ction is necessary. Re: 25 Notice (Other) filed by City Of Oa.kland (mclS, COURT STAFF) (Filed on 7/2/2021)

July 2, 2021

July 2, 2021

PACER

Electronic Filing Error

July 2, 2021

July 2, 2021

PACER
26

MOTION to Dismiss Plaintiffs' Complaint (Rule 12(b)(6)) and Motion for a More Definite Statement (Rule 12(e) filed by Gregory J. Ahern, Alameda County. Motion Hearing set for 8/19/2021 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 7/20/2021. Replies due by 7/27/2021. (Attachments: # 1 Proposed Order)(Slater, Michael) (Filed on 7/6/2021) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
27

Certificate of Interested Entities by Gregory J. Ahern . (Thomas, Gregory) (Filed on 7/6/2021) Modified on 7/7/2021 (mclS, COURT STAFF). (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
28

STIPULATION WITH PROPOSED ORDER filed by Jasmine Gaffett. (Flynn, Robert) (Filed on 7/9/2021) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

PACER
29

STIPULATION AND ORDER RE 28 AS MODIFIED BY THE COURT. Case Management Statement due by 9/30/2021. Initial Case Management Conference previously set for 8/5/2021 is continued to 10/7/2021 at 10:00 AM in San Francisco, - Videoconference Only. Signed by Judge Richard Seeborg on 7/12/2021. (clS, COURT STAFF) (Filed on 7/12/2021) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

RECAP

Set/Reset Deadlines as to 26 MOTION to Dismiss Plaintiffs' Complaint (Rule 12(b)(6)) and Motion for a More Definite Statement (Rule 12(e). Motion Hearing set for 9/9/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (clS, COURT STAFF) (Filed on 7/12/2021)

July 12, 2021

July 12, 2021

PACER

Set Motion and Deadlines/Hearings

July 12, 2021

July 12, 2021

PACER
30

AMENDED COMPLAINT against All Defendants. Filed byJasmine Gaffett. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lederman, Rachel) (Filed on 8/10/2021) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER

Electronic filing error. E-filer is reminded to enter all parties as named in the Amended Complaint. Corrected by Clerk's Office. No further action is necessary. Re: 30 Amended Complaint filed by Jasmine Gaffett. (mclS, COURT STAFF) (Filed on 8/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER

Electronic Filing Error

Aug. 11, 2021

Aug. 11, 2021

PACER
31

ANSWER to 30 Amended Complaint byCity Of Oakland. (McLaughlin, Kevin) (Filed on 8/24/2021) Modified on 8/25/2021 (mclS, COURT STAFF). (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
32

MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Gregory J. Ahern, Alameda County. Motion Hearing set for 9/30/2021 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 9/7/2021. Replies due by 9/14/2021. (Attachments: # 1 Proposed Order)(Slater, Michael) (Filed on 8/24/2021) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER

Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: 31 Answer to Amended Complaint filed by Ci ty Of Oakland. (mclS, COURT STAFF) (Filed on 8/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER

Electronic Filing Error

Aug. 25, 2021

Aug. 25, 2021

PACER
33

JOINT CASE MANAGEMENT STATEMENT filed by Kierra Brown, Jasmine Gaffett, Toshua Sears. (Lederman, Rachel) (Filed on 8/31/2021) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
34

STIPULATION WITH PROPOSED ORDER Protective Order filed by Kierra Brown, Jasmine Gaffett, Toshua Sears. (Lederman, Rachel) (Filed on 8/31/2021) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
35

ORDER by Judge Richard Seeborg GRANTING 34 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. (clS, COURT STAFF) (Filed on 9/1/2021) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

RECAP
36

OPPOSITION/RESPONSE (re 32 MOTION to Dismiss Plaintiffs' First Amended Complaint ) filed byKierra Brown, Jasmine Gaffett, Toshua Sears. (Lederman, Rachel) (Filed on 9/7/2021) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
37

OPPOSITION/RESPONSE (re 32 MOTION to Dismiss Plaintiffs' First Amended Complaint ) filed byGregory J. Ahern, Alameda County. (Slater, Michael) (Filed on 9/14/2021) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
38

CLERKS NOTICE SETTING ZOOM MOTION HEARING. Motion Hearing set for 9/30/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. 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/rs Court Appearances: Advanced notice is required of counsel or par ties 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 RScrd@cand.uscourts.gov no later than September 29, 2021 at 12:00 pm.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.) (clS, COURT STAFF) (Filed on 9/27/2021) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER

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

Sept. 27, 2021

Sept. 27, 2021

PACER
39

Minute Entry for proceedings held before Judge Richard Seeborg: Motion Hearing held via zoom on 9/30/2021 re 32 MOTION to Dismiss. Total Time in Court: 35 minutes. Motion taken under submission; Court to issue an order.Court Reporter: Recorded by Zoom (1:34 pm - 2:10 pm)Plaintiff Attorney: Rachel Lederman, R. Michael Flynn. Defendant Attorney: Greg Thomas, Michael Slater. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Date Filed: 9/30/2021) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER

Motion Hearing

Sept. 30, 2021

Sept. 30, 2021

PACER
40

ORDER by Chief Judge Richard Seeborg granting in part and denying in part 32 Motion to Dismiss. (rslc2, COURT STAFF) (Filed on 10/1/2021)

Oct. 1, 2021

Oct. 1, 2021

Clearinghouse
41

CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/10/2021. Initial Case Management Conference previously set for 10/7/2021 is continued to 11/18/2021 10:00 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 10/4/2021) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
42

TRANSCRIPT ORDER for proceedings held on 9/30/2021 before Judge Richard Seeborg by Gregory J. Ahern, Alameda County, for Court Reporter FTR - San Francisco. (Thomas, Gregory) (Filed on 10/4/2021) Modified on 10/4/2021: Corrected division name. (rjdS, COURT STAFF). (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER

Clerk's Notice

Oct. 4, 2021

Oct. 4, 2021

PACER
43

STIPULATION Extending Time for Alameda County Defendants to Respond re 30 Amended Complaint filed by Gregory J. Ahern, Alameda County, Jasmine Gaffett, Kierra Brown and Toshua Sears. (Peters, Temitayo) (Filed on 10/5/2021) Modified on 10/6/2021 (jmlS, COURT STAFF). (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
44

SECOND AMENDED COMPLAINT against All Defendants. Filed byToshua Sears, Kierra Brown, Jasmine Gaffett. (Attachments: # 1 Exhibit 2013 OPD Crowd Control Policy, # 2 Exhibit 2020 Letter to City of Oakland, # 3 Exhibit 2014 OPD Chief's Memo Re Crowd Control)(Flynn, Robert) (Filed on 10/22/2021) Modified on 10/22/2021 (jmlS, COURT STAFF). (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

Clearinghouse
45

ANSWER to Amended Complaint (with jury demand) by Gregory J. Ahern, Alameda County. (Thomas, Gregory) (Filed on 11/5/2021) Modified on 11/5/2021 (cjl, COURT STAFF). (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

PACER
46

ANSWER to Amended Complaint byLeronne Armstrong, City Of Oakland, Ronald Holmgren, Susan Manheimer. (McLaughlin, Kevin) (Filed on 11/5/2021) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

PACER
47

Transcript of Proceedings held on 09/30/21, before Judge Richard Seeborg. Court Reporter/Transcriber Ilene Watson, telephone number 855-873-2223. 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. Redaction Request due 11/26/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 2/3/2022. (Watson, Ilene) (Filed on 11/5/2021) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

PACER
48

JOINT CASE MANAGEMENT STATEMENT filed by Jasmine Gaffett, Toshua Sears, Susan Manheimer, Ronald Holmgren, City of Oakland, Kierra Brown, Leronne Armstrong, Alameda County and Gregory J. Ahearn. (Lederman, Rachel) (Filed on 11/12/2021) Modified on 11/15/2021 (jml, COURT STAFF). (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
49

CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 11/18/2021 at 10:00 AM in San Francisco, - 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/rs 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 rscrd@cand.uscourts.gov no later than 11/16/2021 at 12:00 pm.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/. Initial Case Management Conference set for 11/18/2021 10:00 AM in San Francisco, - Video conference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 11/12/2021) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER

Clerk's Notice Setting Zoom Hearing

Nov. 13, 2021

Nov. 13, 2021

PACER
50

Minute Entry for proceedings held before Judge Richard Seeborg: Initial Case Management Conference held via Zoom on 11/18/2021. Court to Issue Case Management Scheduling Order.Total Time in Court: 10 minutes. Court Reporter: Not Reported or Recorded. Plaintiff Attorney: Rachel Lederman, R. Michael Flynn, Anam Haque.Defendant Attorney: Temitayo Peters, Kevin McLaughlin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 11/18/2021) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER
51

INITIAL CASE MANAGEMENT SCHEDULING ORDER, ORDER REFERRING CASE to Magistrate Judge Beeler for Settlement. Signed by Chief Judge Richard Seeborg on 11/18/2021. (cl, COURT STAFF) (Filed on 11/18/2021) Modified on 11/18/2021 (cl, COURT STAFF). (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER

Case Management Conference - Initial

Nov. 18, 2021

Nov. 18, 2021

PACER
52

Order Setting Settlement Conference before Magistrate Judge. Settlement Conference set for 3/22/2022 at 10:00 AM in San Francisco - Videoconference Only. Settlement Conference Statement due 3/15/2022. This proceeding will be held via a Zoom meeting. Meeting Access: All counsel, members of the public, and media may access the meeting information at https://www.cand.uscourts.gov/lb. Please DO NOT join the Z oom webinar (for public hearings). Go to the section labeled: Joining Non-Public Hearings (Settlement Conferences, etc.) below the public webinar information and click on the box to the left to expand text and obtain information for the non-public Zoom meeting. You will be placed in a waiting room and admitted once the settlement conference begins. (Meeting ID: 160 464 1326 Passcode: 106809)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/. Signed by Judge Laurel Beeler on 11/23/2021. (ejk, COURT STAFF) (Filed on 11/23/2021) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
53

NOTICE of Substitution of Counsel / WITHDRAWAL OF LUZ E. MENDOZA AS COUNSEL FOR DEFENDANTS by Kevin P. McLaughlin (McLaughlin, Kevin) (Filed on 2/4/2022) Modified on 2/7/2022 (jml, COURT STAFF). (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
54

ANSWER to Second Amended Complaint by Randell Wingate. (McLaughlin, Kevin) (Filed on 2/4/2022) Modified on 2/7/2022 (jml, COURT STAFF). (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
55

NOTICE of Change In Counsel by Gregory B. Thomas (Thomas, Gregory) (Filed on 2/18/2022) Modified on 2/22/2022 (jml, COURT STAFF). (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
56

STIPULATION WITH PROPOSED ORDER to Modify Initial Case Management Scheduling Order re 51 Order, Order Referring Case to Magistrate Judge for Settlement filed by Gregory J. Ahern, Alameda County, Leronne Armstrong, City Of Oakland, Ronald Holmgren, Susan Manheimer. (Thomas, Gregory) (Filed on 3/2/2022) Modified on 3/2/2022 (jml, COURT STAFF). (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
57

ORDER by Judge Richard Seeborg GRANTING 56 STIPULATION TO MODIFY INITIAL CASE MANAGEMENT SCHEDULING ORDER. (cl, COURT STAFF) (Filed on 3/2/2022) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

RECAP
58

NOTICE of Appearance by Montana Bess Baker (Baker, Montana) (Filed on 3/7/2022) Modified on 3/8/2022 (jml, COURT STAFF). (Entered: 03/07/2022)

March 7, 2022

March 7, 2022

PACER

Settlement Conference

March 23, 2022

March 23, 2022

PACER
60

Extension of Time to Amend

May 2, 2022

May 2, 2022

PACER
61

Stipulation without Proposed Order

May 16, 2022

May 16, 2022

PACER
62

Opposition/Response to Motion

May 17, 2022

May 17, 2022

PACER

Set Motion and Deadlines/Hearings

May 18, 2022

May 18, 2022

PACER
63

Reply to Opposition/Response

May 24, 2022

May 24, 2022

PACER
64

ORDER by Chief Judge Richard Seeborg granting 60 Motion for Extension of Time to Amend and vacating motion hearing. (rslc2, COURT STAFF) (Filed on 6/2/2022) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

RECAP
65

***DISREGARD. ERROR IN FILING PER FILER. SEE DOCKET # 66 FOR CORRECTED DOCUMENT.*** ADMINISTRATIVE MOTION to Consider Whether Cases Should be Related filed by Gregory J. Ahern, Alameda County. Responses due by 6/7/2022. (Thomas, Gregory) (Filed on 6/3/2022) Modified on 6/3/2022 (jml, COURT STAFF). (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
66

ADMINISTRATIVE MOTION to Consider Whether Cases Should be Related CORRECTION OF DOCKET # 65 filed by Gregory J. Ahern, Alameda County. Responses due by 6/7/2022. (Thomas, Gregory) (Filed on 6/3/2022) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
67

ORDER renaming case to Brown et al. v. Oakland et al. Signed by Chief Judge Richard Seeborg on 6/10/2022. (rslc2, COURT STAFF) (Filed on 6/10/2022) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

RECAP
68

ORDER REQUESTING BRIEFING. Responses due by 6/17/2022. Signed by Chief Judge Richard Seeborg on 6/10/2022. (bxs, COURT STAFF) (Filed on 6/10/2022) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER
69

STIPULATION WITH PROPOSED ORDER for Physical Examination of Plaintiff Kierra Brown filed by Gregory J. Ahern, Alameda County, City of Oakland, Leronne Armstrong, Kierra Brown, Ronald Holmgren, Susan Manheimer, Joshua Sears and Randell Wingate. (Thomas, Gregory) (Filed on 6/13/2022) Modified on 6/14/2022 (jml, COURT STAFF). (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
70

STIPULATION WITH PROPOSED ORDER for Physical Examination of Plaintiff Toshua Sears filed by Gregory J. Ahern, Alameda County, City of Oakland, Leronne Armstrong, Kierra Brown, Ronald Holmgren, Susan Manheimer, Joshua Sears and Randell Wingate.. (Thomas, Gregory) (Filed on 6/13/2022) Modified on 6/14/2022 (jml, COURT STAFF). (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
71

ORDER by Judge Richard Seeborg GRANTING 69 STIPULATION FOR PHYSICAL EXAMINATION OF PLAINTIFF KIERRA BROWN.(cl, COURT STAFF) (Filed on 6/13/2022) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
72

ORDER by Judge Richard Seeborg GRANTING 70 STIPULATION FOR PHYSICAL EXAMINATION OF PLAINTIFF TOSHUA SEARS. (cl, COURT STAFF) (Filed on 6/13/2022) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
73

CITY DEFENDANTS' RESPONSE TO 66 ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED filed by City Of Oakland. (Baker, Montana) (Filed on 6/17/2022) Modified on 6/21/2022 (cjl, COURT STAFF). (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
74

Non-OPPOSITION (re 66 ADMINISTRATIVE MOTION to Consider Whether Cases Should be Related) filed by Kierra Brown, Toshua Sears. (Lederman, Rachel) (Filed on 6/17/2022) Modified on 6/21/2022 (cjl, COURT STAFF). (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
75

CLERK'S NOTICE: The court has reviewed the motion and determined that no cases are related and no reassignments shall occur. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 6/21/2022) (cl, COURT STAFF). (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
76

CLERKS NOTICE SETTING SETTLEMENT CONFERENCE. The court sets a further settlement conference for 7/27/2022 at 10:00 a.m. Any settlement updates are due by Thursday, 7/7/2022 by email to lbsettlement@cand.uscourts.gov. Settlement Conference set for 7/27/2022 at 10:00 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom meeting.Meeting Access: All counsel, members of the public, and media may access the meeting information at https://www.cand.uscourts.gov/lb. Please DO NOT join the Zoom webinar (for public hearings). Go to the section labeled: Joining Non-Public Hearings (Settlement Conferences, etc.) below the public webinar information and click on the box to the left to expand text and obtain information for the non-public Zoom meeting. You will be placed in a waiting room and admitted once the settlement conference begins. (Meeting ID: 160 464 1326 Passcode: 106809)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.) (ejk, COURT STAFF) (Filed on 7/1/2022) Modified on 7/1/2022 (ejk, COURT STAFF). (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
77

AMENDED COMPLAINT 3rd against All Defendants. Filed byToshua Sears, Kierra Brown. (Attachments: # 1 Exhibit A, TB II-G Crowd Control Policy, # 2 Exhibit B, 2020.05.29 Letter, # 3 Exhibit OPD Chief's Memo)(Lederman, Rachel) (Filed on 7/1/2022) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
78

Proposed Summons. (Attachments: # 1 Summons Attachment)(Lederman, Rachel) (Filed on 7/1/2022) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER

Electronic filing error. Not all parties listed in the third amended complaint have been added to the docket. Please add the missing parties using the event Notice of Additional Parties. The event can be found at: Civil Events > Other Filings > Notices > Notice of Additional Parties. The summons will not be issued until the new parties are added to the docket. Re: 77 Amended Complaint, filed by Toshua Sears, Kierra Brown (jml, COURT STAFF) (Filed on 7/1/2022)

July 1, 2022

July 1, 2022

PACER

Clerk's Notice Setting Zoom Hearing

July 1, 2022

July 1, 2022

PACER
79

Notice of Additional Parties: the following parties are listed on 6 Complaint, and have been added to this case: Ryan E. Swetavage, Bryan K. Francis, Michael D. Dalisay, Colby D. Staysa, Victor M. Fox and Bryan Clifford, Colby D. Staysa, Victor M. Fox, Michael D. Dalisay, Bryan Clifford, Ryan E. Swetavage and Bryan K. Francis. (This is a text-only entry.) (Lederman, Rachel) (Filed on 7/5/2022) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: April 21, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who have in the past participated, presently are participating, or may in the future participate in, or be present at, demonstrations and crowd events within the City of Oakland in the exercise of their rights of free speech, assembly, association, petition, and of the press

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Alameda County (Alameda), County

Deputy Chief of Police (Oakland, Alameda), City

Oakland (Oakland, Alameda), City

Interim Chief of Police (Oakland, Alameda), City

Sheriff and Coroner (Alameda), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

State Anti-Discrimination Law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Aggressive behavior

Failure to supervise

Failure to train

Over/Unlawful Detention

Pattern or Practice

Racial profiling

Restraints : chemical

Restraints : physical

Retaliation

Policing:

Excessive force

False arrest

Disability and Disability Rights:

Sidewalks

Discrimination-area:

Disparate Impact

Disparate Treatment

Discrimination-basis:

Race discrimination

Race:

Black