Case: Chang v. County of Siskiyou

2:22-cv-01378 | U.S. District Court for the Eastern District of California

Filed Date: Aug. 3, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 3, 2022, four plaintiffs seeking to represent the thousands of Hmong and Asian residents of Siskiyou County, California, filed a putative class action lawsuit in the United States District Court for the Eastern District of California. They were represented by the ACLU of Northern California, the Asian Americans Advancing Justice — Asian Law Caucus, and private counsel. Magistrate Judge Deborah Barnes was assigned to the case.  The plaintiffs sued Siskiyou County and its sheriff under …

On August 3, 2022, four plaintiffs seeking to represent the thousands of Hmong and Asian residents of Siskiyou County, California, filed a putative class action lawsuit in the United States District Court for the Eastern District of California. They were represented by the ACLU of Northern California, the Asian Americans Advancing Justice — Asian Law Caucus, and private counsel. Magistrate Judge Deborah Barnes was assigned to the case. 

The plaintiffs sued Siskiyou County and its sheriff under 42 USC § 1983, alleging violations of the Fourth Amendment's search and seizure clause, Fourteenth Amendment's substantive due process and equal protections clauses, and state law. Plaintiffs argued that the county and its sheriff conspired to make Siskiyou County inhospitable to Asians. Specifically, they alleged that the sheriff disproportionately targeted Asian drivers for traffic stops, the county passed discriminatory water ordinances in Asian neighborhoods, and the county selectively imposed steep cannabis fines and unjust liens on Asian property owners. The plaintiffs sought declaratory judgment, an injunction that would prohibit the county's discriminatory policies, practices, and customs, and attorneys' fees.

On September 16, 2022, Chief District Judge Kimberly Jo Mueller ordered the reassignment of this case to herself and Magistrate Judge Allison Clair because it involved similar questions of fact and law as Lo v. County of Siskiyou, to which Judge Mueller was already assigned.

As of November 2022, this case is still ongoing.

Summary Authors

Jerry Lan (10/5/2022)

Related Cases

Lo v. County of Siskiyou, Eastern District of California (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64870069/parties/chang-v-county-of-siskiyou/


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Documents in the Clearinghouse

Document
1

2:22-at-00807

2:22-cv-01378

Class Action Complaint

Ger Chong Ze Chang v. County of Siskiyou

Aug. 3, 2022

Aug. 3, 2022

Complaint
9

2:22-cv-01378

Related Case Order

Sept. 16, 2022

Sept. 16, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64870069/chang-v-county-of-siskiyou/

Last updated Jan. 31, 2025, 8:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants. Attorney Do, John Thomas H. added. (Filing fee $ 402, receipt number BCAEDC-10363547) (Do, John Thomas) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

Clearinghouse
2

CIVIL COVER SHEET by Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, Mai Nou Vang (Do, John Thomas) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
3

(DISREGARD; REFER TO AMENDED FILING AT ECF NO. 6 ) NOTICE of RELATED CASE(S) 2:21-cv-00999-KJM-AC by Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, Mai Nou Vang. (Do, John Thomas) (Docket Text Modified on 8/26/2022 by C. Schultz: Disregard Language Added.) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
4

SUMMONS ISSUED as to *County of Siskiyou, Jeremiah LaRue* with answer to complaint due within *21* days. Attorney *John Thomas H. Do* *American Civil Liberties Union Foundation of Northern California* *39 Brumm Street* *San Francisco, California 94111*. (Reader, L) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
5

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Reader, L) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
6

NOTICE of RELATED CASE(S) 2:21-cv-00999-KJM-AC by Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, Mai Nou Vang. (Do, John Thomas) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
7

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, Mai Nou Vang for attorney Silvia Wu to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10415532) (Attachments: # 1 Certificate of Good Standing)(Young, Stanley) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
8

ORDER signed by Magistrate Judge Deborah Barnes on 9/9/2022 GRANTING 7 Application for Pro Hac Vice. Added attorney Silvia Wu, PHV for Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, and Mai Nou Vang. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Perdue, C.) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

RECAP
9

RELATED CASE ORDER signed by Chief District Judge Kimberly J. Mueller on 9/15/2022 REASSIGNING CASE 2:22-cv-01378-DB to Chief District Judge Kimberly J. Mueller and Magistrate Judge Allison Claire for all further proceedings. Magistrate Judge Deborah Barnes no longer assigned to case. New Case Number: 2:22-cv-01378-KJM-AC. (Coll, A) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

Clearinghouse
10

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/9/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Coll, A) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
12

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 10/25/2022 ORDERING defendants may have until 11/14/2022 to file a responsive pleading to plaintiff's complaint. (Zignago, K.)

Oct. 26, 2022

Oct. 26, 2022

RECAP
16

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/29/22 ORDERING that defendants shall file their response to Plaintiffs' Complaint by 12/12/22. (Kastilahn, A)

Nov. 29, 2022

Nov. 29, 2022

RECAP
19

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 12/28/22 STAYING all related cases until 02/28/23 unless requested to be lifted earlier.; VACATING all pretrial deadlines, conferences, and hearings; REFERRING case to Magi strate Judge Allison Claire for settlement; EXTENDING defendants' time to respond to the Chang Complaint to 14 days following the date the stay is lifted. Defendants shall instruct their employees within 10 days, to REFRAIN from enforcing or t hreatening enforcement of liens during the pendency of the stay and for 30 days thereafter. Defendants shall not issue any further liens or enforce any such existing liens, or otherwise foreclose on any properties pursuant to such liens until 30 days following the end of the stay.(Licea Chavez, V)

Dec. 28, 2022

Dec. 28, 2022

RECAP
20

Notice of Submission of Confidential Settlement Statement

Jan. 17, 2023

Jan. 17, 2023

PACER

~Util - 1 Set/Reset Deadlines and Hearings AND Settlement Conference

Jan. 23, 2023

Jan. 23, 2023

PACER
22

Notice of Appearance

Feb. 2, 2023

Feb. 2, 2023

PACER
24

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 03/02/23 EXTENDING the Stay to 03/14/23 and any deadlines provided therein are correspondingly extended. (Licea Chavez, V)

March 2, 2023

March 2, 2023

RECAP

~Util - 1 Set/Reset Deadlines and Hearings AND Settlement Conference

March 6, 2023

March 6, 2023

PACER

~Util - 1 Set/Reset Deadlines and Hearings AND Settlement Conference

March 27, 2023

March 27, 2023

PACER

Settlement Conference

May 12, 2023

May 12, 2023

PACER
29

ORDER signed by Chief District Judge Kimberly J. Mueller on 06/01/23 EXTENDING the Stay to 03/14/23 and any deadlines provided therein are correspondingly extended.The provisions of paragraph 5 of the Court's 19 Order (relating to lien enforcement) are amended to substitute "60 days" in place of "30 days," as previously occurred with the Court's 24 Order. (Licea Chavez, V) (Main Document 29 replaced on 6/1/2023) (Licea Chavez, V).

June 1, 2023

June 1, 2023

RECAP
32

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 06/21/23 the Stay to 07/24/23 and any deadlines provided therein are correspondingly extended. The provisions of paragraph 5 of the Court's 19 Order (relating to lien enforcement) are amended to substitute "60 days" in place of "30 days," as previously occurred with the Court's 24 Order(Licea Chavez, V)

June 21, 2023

June 21, 2023

RECAP
33

NOTICE of APPEARANCE by Megan Vees on behalf of Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, Mai Nou Vang. Attorney Vees, Megan added. (Vees, Megan) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
34

STIPULATION and PROPOSED ORDER to Extend Stay by Plaintiffs. (Katon, Glenn) Modified on 7/20/2023 (Benson, A.). (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
35

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 07/24/23 EXTENDING STAY to 09/04/23 with any deadlines provided therein are correspondingly extended. The provisions of paragraph 5 of the 19 Court's 12/28/22 Order (relating to lien enforcement) are AMENDED to substitute "60 days" in place of "30 days," as previously occurred with the Court's 24 03/02/23, 29 06/01/23 and 32 06/21/23 Orders; other than the change of "30 days" to "60 days" relating to lien enforcement, all other provisions of the Court's 19 12/28/22 Order shall continue to be in effect, and any deadlines shall be set based on the new date of termination of the stay. (Benson, A.)

July 25, 2023

July 25, 2023

RECAP
36

NOTICE of withdrawal of Attorney Brandon L. Greene by All Plaintiffs. (Greene, Brandon) Modified on 9/8/2023 (Reader, L). (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
37

STIPULATION and PROPOSED ORDER for Extension of Stay by Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, Mai Nou Vang. (Young, Emi) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
38

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 9/6/2023 EXTENDING THE STAY. The stay under the Court's 12/28/2022 Order 19 is EXTENDED to 10/30/2023. Any deadlines provided therein are correspondingly EXTENDED. O ther than the change of "30 days" to "60 days" relating to lien enforcement, all other provisions of the Court's 12/28/2022 Order 19 shall continue to be in effect, and any deadlines shall be set based on the new date of termination of the stay. (Mena-Sanchez, L)

Sept. 6, 2023

Sept. 6, 2023

RECAP
39

NOTICE of WITHDRAWAL of ATTORNEY Jake Glendenning by All Plaintiffs. (Glendenning, Jake) Modified on 9/8/2023 (Reader, L). (Entered: 09/08/2023)

Sept. 8, 2023

Sept. 8, 2023

PACER
40

NOTICE of APPEARANCE by Alison Clarke Wall on behalf of Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, Mai Nou Vang. Attorney Wall, Alison Clarke added. (Wall, Alison) (Entered: 11/09/2023)

Nov. 9, 2023

Nov. 9, 2023

PACER
41

JOINT RULE 16(F) REPORT and CASE MANAGEMENT STATEMENT filed by Ger Chong Ze Chang, et al., (Vees, Megan) Modified on 11/14/2023 (Benson, A.). (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER
42

STIPULATION and PROPOSED ORDER to Reinstate Stay for Settlement Purposes by Ger Chong Ze Chang, et al., (Young, Stanley) Modified on 11/14/2023 (Benson, A.). (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER
43

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/15/23 STAYING this case until 12/31/23 and EXTENDING Defendants' time to respond to the Complaint to fourteen 14 days after the stay is lifted. Defendants shall, wit hin 10 days of the issuance of this order, ensure that all their employees and attorneys have been instructed to refrain, during the pendency of the stay and for 90 days thereafter, from enforcing or threatening enforcement of liens under County Code sections 10-14.100 or 1-5.09 or under any other County Code section where the purpose is to collect fines or penalties for County Code violations.(Licea Chavez, V)

Nov. 15, 2023

Nov. 15, 2023

RECAP
45

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/22/2024 EXTENDING 44 to 1/30/2024, that defendants' time to respond to the Complaint. If Defendants file a motion to dismiss pursuant to Rule 12(b), Plaintiffs' time torespond to the motion is EXTENDED from 14 to 28 days. If a motion to dismiss is filed, Defendants' time to file a reply to Plaintiffs' response is EXTENDED from 10 to 20 days. (Reader, L)

Jan. 23, 2024

Jan. 23, 2024

RECAP
46

Dismiss

Jan. 30, 2024

Jan. 30, 2024

PACER
47

Amended Complaint

Feb. 20, 2024

Feb. 20, 2024

RECAP

Minute Order AND Order on Motion to Dismiss AND ~Util - 1 Terminate Deadlines and Hearings

Feb. 28, 2024

Feb. 28, 2024

PACER
50

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/29/24 ORDERING that if Defendants file a motion to dismiss Plaintiffs' First Amended Complaint pursuant to Rule 12(b), Plaintiffs' time to respond to the motion is EXTENDED from 14 to 21 days. If a motion to dismiss the First Amended Complaint is filed, Defendants' time to file a reply to Plaintiffs' response is EXTENDED from 10 to 17 days. (Kastilahn, A)

Feb. 29, 2024

Feb. 29, 2024

RECAP
51

Notice of Appearance

Feb. 29, 2024

Feb. 29, 2024

PACER
52

Dismiss

1 Points and Authorities

View on RECAP

2 Request for Judicial Notice

View on RECAP

March 5, 2024

March 5, 2024

RECAP
53

Notice of Appearance

March 21, 2024

March 21, 2024

PACER
54

Notice of Appearance

March 21, 2024

March 21, 2024

PACER
55

Notice of Appearance

March 21, 2024

March 21, 2024

PACER
56

Opposition to Motion

March 26, 2024

March 26, 2024

PACER
57

Request for Judicial Notice

March 26, 2024

March 26, 2024

PACER
58

Strike

March 26, 2024

March 26, 2024

PACER
59

Opposition to Motion

April 9, 2024

April 9, 2024

PACER
61

Reply to Response to Motion

April 19, 2024

April 19, 2024

PACER
62

Request

April 26, 2024

April 26, 2024

PACER
65

Notice of Appearance

May 13, 2024

May 13, 2024

PACER

Minute Order AND Order on Request

May 13, 2024

May 13, 2024

PACER
67

STIPULATION and ORDER Regarding Discovery of Electronically Stored Information signed by Chief District Judge Kimberly J. Mueller on 5/16/24. (Kastilahn, A)

May 17, 2024

May 17, 2024

RECAP
70

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 5/20/2024 re: Discovery of Electronically Stored Information. (Woodson, A)

May 20, 2024

May 20, 2024

RECAP
76

Notice (Other)

June 3, 2024

June 3, 2024

PACER
77

Notice (Other)

June 6, 2024

June 6, 2024

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

June 11, 2024

June 11, 2024

PACER
79

Notice (Other)

July 11, 2024

July 11, 2024

PACER

Minute Order AND ~Util - 1 Terminate Deadlines and Hearings

July 11, 2024

July 11, 2024

PACER
81

Notice of Appearance

July 16, 2024

July 16, 2024

PACER
82

Amend the Complaint/Petition

Aug. 8, 2024

Aug. 8, 2024

PACER
83

Preliminary Injunction

Aug. 8, 2024

Aug. 8, 2024

PACER
84

Certify Class

Aug. 8, 2024

Aug. 8, 2024

PACER
85

ORDER signed by Chief District Judge Kimberly J. Mueller on 8/20/2024 DENYING 52 Motion to Dismiss and DENYING 58 Motion to Strike as moot. (Mendez Licea, O)

Aug. 21, 2024

Aug. 21, 2024

RECAP
86

Opposition to Motion

Aug. 22, 2024

Aug. 22, 2024

RECAP
87

Opposition to Motion

Aug. 22, 2024

Aug. 22, 2024

PACER
88

Opposition to Motion

Aug. 22, 2024

Aug. 22, 2024

PACER

Minute Order AND ~Util - Set/Reset Motion Hearing

Sept. 12, 2024

Sept. 12, 2024

PACER

Motion Hearing

Sept. 13, 2024

Sept. 13, 2024

PACER
94

Answer to Complaint

Sept. 15, 2024

Sept. 15, 2024

RECAP
99

Notice (Other)

Oct. 1, 2024

Oct. 1, 2024

PACER
100

ORDER signed by Senior District Judge Kimberly J. Mueller on 10/24/2024 GRANTING 82 Motion for leave to file a supplemental complaint, DENYING 84 Renewal for Motion for provisional class certification without prejudice, and GRANTING IN PART [8 3] Motion for Preliminary Injunction with terms of the preliminary injunction to be set in the a future order. Plaintiffs are DIRECTED to file their proposed supplemental complaint with 7 days of this order, and parties have 14 days to submit supplemental briefs. (Woodson, A)

Oct. 25, 2024

Oct. 25, 2024

RECAP
101

Amended Complaint

Oct. 29, 2024

Oct. 29, 2024

PACER
102

Extension of Time

Oct. 30, 2024

Oct. 30, 2024

PACER
103

Notice of Appearance

Oct. 30, 2024

Oct. 30, 2024

PACER
104

Opposition to Motion

Oct. 31, 2024

Oct. 31, 2024

PACER

Minute Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings

Oct. 31, 2024

Oct. 31, 2024

PACER
107

PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 11/1/2024. (Zignago, K.)

Nov. 4, 2024

Nov. 4, 2024

RECAP
108

Answer to Complaint

Nov. 5, 2024

Nov. 5, 2024

PACER
112

Notice of Filing / Lodging Document

Dec. 5, 2024

Dec. 5, 2024

PACER
113

Notice of Appearance

Dec. 6, 2024

Dec. 6, 2024

PACER
114

Notice of Appearance

Dec. 6, 2024

Dec. 6, 2024

PACER
115

Notice of Appearance

Dec. 6, 2024

Dec. 6, 2024

PACER
116

ORDER signed by Senior District Judge Kimberly J. Mueller on 12/17/24 IMPOSING the following preliminary injunction and DIRECTING Plaintiffs, within 14 days after the date of the date this order is filed, to post security by the way of bond or cash in the amount of $56,200. (Licea Chavez, V)

Dec. 18, 2024

Dec. 18, 2024

RECAP
117

Notice (Other)

Dec. 19, 2024

Dec. 19, 2024

RECAP
118

Reconsideration

1 Declaration of John Do

View on PACER

2 Declaration of Russell Mathis

View on PACER

3 Declaration of Mai Nou Vang

View on PACER

Dec. 26, 2024

Dec. 26, 2024

RECAP
119

Reconsideration

Dec. 26, 2024

Dec. 26, 2024

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Dec. 27, 2024

Dec. 27, 2024

PACER
121

Notice (Other)

Jan. 2, 2025

Jan. 2, 2025

PACER
122

Opposition to Motion

Jan. 14, 2025

Jan. 14, 2025

PACER
123

Notice of Errata

Jan. 15, 2025

Jan. 15, 2025

PACER
124

Notice of Appearance

Jan. 16, 2025

Jan. 16, 2025

PACER
125

Reply to Response to Motion

Jan. 17, 2025

Jan. 17, 2025

PACER
126

Discovery

Jan. 21, 2025

Jan. 21, 2025

PACER
127

Order on Motion for Discovery AND Scheduling Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Jan. 23, 2025

Jan. 23, 2025

PACER
128

Notice of Errata

Jan. 23, 2025

Jan. 23, 2025

PACER
130

ORDER to SHOW CAUSE signed by Senior District Judge Kimberly J. Mueller on 01/28/25 ORDERING plaintiffs to SHOW CASE within 14 days, why the Court should not: modify the preliminary injunction; set a deadline for renewed motions for (1) class cert ification and (2) a preliminary injunction for the benefit of any certified class; and stay the security requirement. Defendants are not ordered to show cause, but they may submit a response to the points above, at their election, by the same 14 day deadline. All responses to this OSC must not exceed 10 pages, excluding any attached evidence. (Deputy Clerk AJB)

Jan. 28, 2025

Jan. 28, 2025

RECAP

Case Details

State / Territory: California

Case Type(s):

Policing

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 3, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four plaintiffs seeking to represent the thousands of Hmong and other Asian residents of Siskiyou County, California, filed a putative class action lawsuit against the county, alleging discrimination against Asians.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Asian Americans Advancing Justice | AAJC

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Siskiyou County, County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State Anti-Discrimination Law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Substantive Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Racial profiling

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

National origin discrimination

Race discrimination

Affected Race(s):

Asian/Pacific Islander