Case: Coalition on Homelessness v. City and County of San Francisco

4:22-cv-05502 | U.S. District Court for the Northern District of California

Filed Date: Sept. 27, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is a challenge to San Francisco’s policies regarding homelessness. The plaintiffs, several homeless individuals and an advocacy organization allege that San Francisco has enacted anti-homelessness ordinances and statutes that criminalize the unhoused population of the city, despite lack of access to shelter beds. The plaintiffs claim that in its efforts to “solve” the homelessness crisis, the City did not invest in adequate shelter to meet the needs of its unhoused population. Instead…

This case is a challenge to San Francisco’s policies regarding homelessness. The plaintiffs, several homeless individuals and an advocacy organization allege that San Francisco has enacted anti-homelessness ordinances and statutes that criminalize the unhoused population of the city, despite lack of access to shelter beds. The plaintiffs claim that in its efforts to “solve” the homelessness crisis, the City did not invest in adequate shelter to meet the needs of its unhoused population. Instead, it has violated the constitutional rights of the unhoused population by making it illegal for people to take shelter in open spaces in San Francisco when there weren’t shelter beds available.The plaintiffs also allege that the city also seized and destroyed property, including tents, without providing notice or the opportunity for owners to reclaim their property in order to minimize visible signs of unhoused people.

On September 27, 2022, the Coalition on Homelessness and 7 individuals, represented by the ACLU of Northern California and private attorneys, filed this lawsuit in the United States District Court for the Northern District of California. The plaintiffs brought suit against the City and County of San Francisco, and various agencies and officers in their official capacities. The plaintiffs brought federal constitutional claims for violations of the 4th, 8th, and 14th Amendments under 42 U.S.C. §1983, a claim for violation of the Americans with Disabilities Act under 42 U.S.C. §12131, a conspiracy claim under 42 U.S.C. §1983, and state law claims for constitutional violations and anti-discrimination law violations. The plaintiffs sought declaratory and injunctive relief, attorney’s fees, and relief under California state law. Magistrate Judge Donna M. Ryu presided over the case with the consent of the parties. 

On the same day they filed the complaint, the plaintiffs filed a motion for preliminary injunction, requesting the court prohibit defendants from acting on city policies that violate the 4th, 8th, and 14th Amendments. The plaintiffs requested a prohibition against citing, arresting, stopping, searching, questioning, or otherwise investigating or enforcing—or threatening to investigate or enforce—any ordinance that punishes sleeping, lodging, or camping on public property, including “move along” orders under threat of citation or arrest. This prohibition would continue until there was appropriate and available shelter for all unhoused residents, such that they were not being punished for involuntary homelessness. Additionally, the plaintiffs requested a prohibition from seizing and destroying personal property of unhoused persons, even unattended property, and from seizures in violation of the city’s bag and tag policies. The plaintiffs also requested that a Special Master be appointed at the defendants’ expense to monitor the implementation of this preliminary injunction. 

On December 23, 2022, Magistrate Judge Ryu issued an order granting in part and denying in part the motion for preliminary injunction. Judge Ryu found that plaintiffs were likely to succeed on the merits regarding both their 4th and 8th amendment claims. For these reasons, she enjoined the defendants from enforcing or threatening to enforce laws and ordinances to prohibit involuntarily homeless individuals from sitting, lying, or sleeping on public property. Judge Ryualso enjoined defendants from violating San Francisco’s bag and tag policy regarding unhoused persons’ property. She denied the request for appointment of a Special Master to oversee the implementation of this preliminary injunction. 

The City filed a motion in response to Judge Ryu’s order and requested changes to the preliminary injunction in light of a similar case, Hastings College of the Law v. City & County of San Francisco, N.D. Cal. Case No. 4:20-cv-03033-JST, Dkt #71, whose preliminary injunction was at odds with the preliminary injunction in this case. Judge Ryu denied that motion for procedural reasons on January 12, 2023.

On November 3, 2022, the City filed a motion to dismiss. Judge Ryu granted in part and denied in part this motion on January 12, 2023. The motion to remove several defendants in their official capacities as duplicative of claims against the City was granted, while motions to dismiss several departmental defendants and to dismiss the conspiracy claim were denied.

On December 15, 2022, the case was referred to Magistrate Judge Lisa J. Cisneros for a settlement conference. Settlement negotiations are still ongoing. 

On January 23, 2023, the City appealed the preliminary injunction to the U.S. Court of Appeal for the Ninth Circuit. Shortly after, the City filed a motion to stay the portion of the court’s order enjoining the city from enforcing its own laws regarding laying, sitting, or sleeping on public property, pending this appeal. This appeal is still pending.

On February 28, 2023, the plaintiffs filed an amended complaint. The City moved to dismiss shortly thereafter, arguing that plaintiffs lacked standing and that the amended complaint violated limited leave to amend for a specific purpose. They argued that plaintiffs were given leave to amend to plead additional facts to make cases against those defendants previously dismissed in their official capacity, but the amended complaint did not include causes of action against these officials in their personal capacities. This motion is still pending. 

Summary Authors

Kyle O'Hara (4/2/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65381175/parties/coalition-on-homelessness-v-city-and-county-of-san-francisco/


Judge(s)
Attorney for Plaintiff

Della-Piana, Elisa Marie (California)

Do, John Thomas (California)

Freeman, William S. (California)

Attorney for Defendant

Emery, James Moxon (California)

George, John Hamilton (California)

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Documents in the Clearinghouse

Document
1

4:22-cv-05502

Complaint for Declaratory and Injunctive Relief

Sept. 27, 2022

Sept. 27, 2022

Complaint
65

4:22-cv-05502

Order on Motion for Preliminary Injunction

Dec. 23, 2022

Dec. 23, 2022

Order/Opinion

647 F.Supp.3d 647

84

4:22-cv-05502

Civil Law & Motion and Conference Minute Order

Jan. 14, 2023

Jan. 14, 2023

Order/Opinion
111

4:22-cv-05502

First Amended Complaint for Declaratory and Injunctive Relief

Feb. 28, 2023

Feb. 28, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65381175/coalition-on-homelessness-v-city-and-county-of-san-francisco/

Last updated March 9, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against London Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department ( Filing fee $ 402, receipt number ACANDC-17572504.). Filed byTeresa Sandoval, Toro Castano, Coalition on Homelessness, David Martinez, Sarah Cronk, Nathaniel Vaughn, Joshua Donohoe, Molique Frank. (Attachments: # 1 Civil Cover Sheet)(Pfeiffer, Alfred) (Filed on 9/27/2022) Modified on 9/28/2022 (jml, COURT STAFF). (Entered: 09/27/2022)

1 Civil Cover Sheet

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Sept. 27, 2022

Sept. 27, 2022

Clearinghouse
1

COMPLAINT for Declaratory and Injunctive Relief against London Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department ( Filing fee $ 402, receipt number ACANDC-17572504.). Filed byTeresa Sandoval, Toro Castano, Coalition on Homelessness, David Martinez, Sarah Cronk, Nathaniel Vaughn, Joshua Donohoe, Molique Frank. (Attachments: # 1 Civil Cover Sheet)(Pfeiffer, Alfred) (Filed on 9/27/2022) Modified on 9/28/2022 (jml, COURT STAFF). (Entered: 09/27/2022)

1 Civil Cover Sheet

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Sept. 27, 2022

Sept. 27, 2022

Clearinghouse
2

Proposed Summons. (Pfeiffer, Alfred) (Filed on 9/27/2022) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
3

Corporate Disclosure Statement by Coalition on Homelessness (Pfeiffer, Alfred) (Filed on 9/27/2022) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
4

Certificate of Interested Entities by Coalition on Homelessness (Pfeiffer, Alfred) (Filed on 9/27/2022) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
5

NOTICE of Appearance by Alfred Carroll Pfeiffer, Jr on behalf of Plaintiffs' Coalition on Homelessness, Toro Castano, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn (Pfeiffer, Alfred) (Filed on 9/27/2022) Modified on 9/28/2022 (jml, COURT STAFF). (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
6

NOTICE of Appearance by Joseph Hyuk Lee on behalf of Plaintiffs' Coalition on Homelessness, Toro Castano, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn (Lee, Joseph) (Filed on 9/27/2022) Modified on 9/28/2022 (jml, COURT STAFF). (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
7

NOTICE of Appearance by Regina R Wang on behalf of Plaintiffs' Coalition on Homelessness, Toro Castano, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn (Wang, Regina) (Filed on 9/27/2022) Modified on 9/28/2022 (jml, COURT STAFF). (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
8

NOTICE of Appearance by Wesley Tiu on behalf of Plaintiffs' Coalition on Homelessness, Toro Castano, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn (Tiu, Wesley) (Filed on 9/27/2022) Modified on 9/28/2022 (jml, COURT STAFF). (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
9

MOTION for Preliminary Injunction filed by Toro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. Responses due by 10/11/2022. Replies due by 10/18/2022. (Attachments: # 1 Expert Declaration of Christopher John Herring, PHD, # 2 Declaration of Elisa Della-Piana, # 3 Della-Piana Exhibit 1, # 4 Della-Piana Exhibit 2, # 5 Della-Piana Exhibit 3, # 6 Della-Piana Exhibit 4, # 7 Della-Piana Exhibits 5-25, # 8 Della Piana Exhibits 26-40, # 9 Della-Piana Exhibits 41-50, # 10 Proposed Order)(Pfeiffer, Alfred) (Filed on 9/27/2022) Modified on 9/28/2022 (jml, COURT STAFF). (Entered: 09/27/2022)

1 Expert Declaration of Christopher John Herring, PHD

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2 Declaration of Elisa Della-Piana

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3 Della-Piana Exhibit 1

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4 Della-Piana Exhibit 2

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5 Della-Piana Exhibit 3

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6 Della-Piana Exhibit 4

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7 Della-Piana Exhibits 5-25

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8 Della Piana Exhibits 26-40

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9 Della-Piana Exhibits 41-50

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10 Proposed Order

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Sept. 27, 2022

Sept. 27, 2022

Clearinghouse
10

NOTICE of Appearance by John Thomas H. Do (Do, John Thomas) (Filed on 9/27/2022) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
11

Case assigned to Magistrate Judge Donna M. Ryu. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/12/2022. (jml, COURT STAFF) (Filed on 9/28/2022) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
12

NOTICE of Appearance by Elisa Marie Della-Piana on behalf of Plaintiffs' Coalition on Homelessness, Toro Castano, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn (Della-Piana, Elisa) (Filed on 9/28/2022) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
13

Summons Issued as to London Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. (jml, COURT STAFF) (Filed on 9/28/2022) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
14

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/28/2022. Initial Case Management Conference set for 1/4/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jml, COURT STAFF) (Filed on 9/28/2022) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
15

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 124041.) Filing fee previously paid on 9/28/2022 filed by Toro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Attachments: # 1 Declaration ISO Application Pro Hac Vice)(Shroff, Zal) (Filed on 9/28/2022) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
16

NOTICE of Appearance by Brandon Lashawn Greene (Greene, Brandon) (Filed on 9/28/2022) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
17

ORDER by Magistrate Judge Donna M. Ryu granting 15 Zal Kotval Shroff's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 9/28/2022) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

Clearinghouse

Electronic filing error. NOTICE TO COUNSEL: Brandon L. Greene. The docket shows a different address from what is appearing on the document (dkt. #: 16 Notice of Appearance filed by David Martinez, Teresa Sandoval, Coalition on Homelessness, Joshua Donohoe, Sarah Cronk, Molique Frank, Toro Castano, Nathaniel Vaughn ). Please update your personal profile on ECF. (jml, COURT STAFF) (Filed on 9/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER

~Util - Case Assigned by Intake

Sept. 28, 2022

Sept. 28, 2022

PACER
18

CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/6/2022. (ig, COURT STAFF) (Filed on 9/29/2022) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER

Electronic Filing Error

Sept. 29, 2022

Sept. 29, 2022

PACER
19

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Toro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn.. (Pfeiffer, Alfred) (Filed on 9/30/2022) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
20

SUMMONS Returned Executed by Teresa Sandoval, Toro Castano, Coalition on Homelessness, David Martinez, Sarah Cronk, Nathaniel Vaughn, Joshua Donohoe, Molique Frank. London Breed served on 9/29/2022, answer due 10/20/2022; City and County of San Francisco served on 9/29/2022, answer due 10/20/2022; Sam Dodge served on 9/29/2022, answer due 10/20/2022; San Francisco Department of Emergency Management served on 9/29/2022, answer due 10/20/2022; San Francisco Department of Homelessness and Supportive Housing served on 9/29/2022, answer due 10/20/2022; San Francisco Department of Public Works served on 9/29/2022, answer due 10/20/2022; San Francisco Fire Department served on 9/29/2022, answer due 10/20/2022; San Francisco Police Department served on 9/29/2022, answer due 10/20/2022. (Pfeiffer, Alfred) (Filed on 9/30/2022) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
21

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by London Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department.. (Emery, James) (Filed on 10/4/2022) (Entered: 10/04/2022)

Oct. 4, 2022

Oct. 4, 2022

PACER
22

CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will hold a hearing on 9 Plaintiffs' Motion for Preliminary Injunction on 11/18/2022 at 12:00 p.m. by Zoom webinar. Defendants' opposition to the motion is due by 10/18/2022. Plaintiffs' reply is due by 10/25/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.)(dmrlc1, COURT STAFF) (Filed on 10/4/2022) (Entered: 10/04/2022)

Oct. 4, 2022

Oct. 4, 2022

PACER
23

Proof of Service by Toro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn re 19 Consent/Declination to Proceed Before a US Magistrate Judge (Pfeiffer, Alfred) (Filed on 10/4/2022) Modified on 10/5/2022 (anj, COURT STAFF). (Entered: 10/04/2022)

Oct. 4, 2022

Oct. 4, 2022

PACER

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

Oct. 4, 2022

Oct. 4, 2022

PACER
24

NOTICE of Appearance by Edmund T. Wang For Defendants City and County of San Francisco, et al. (Wang, Edmund) (Filed on 10/5/2022) Modified on 10/6/2022 (anj, COURT STAFF). (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
25

NOTICE of Appearance by Wayne Kessler Snodgrass For Defendants City and County of San Francisco, et al. (Snodgrass, Wayne) (Filed on 10/5/2022) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
26

NOTICE of Appearance by Meredith Blagden Osborn For Defendants City and County of San Francisco, et al. (Osborn, Meredith) (Filed on 10/5/2022) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
27

ADMINISTRATIVE MOTION FOR EXTENDED BRIEFING SCHEDULE ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND FOR ADDITIONAL TIME TO RESPOND TO COMPLAINT filed by London Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. (Emery, James) (Filed on 10/7/2022) Modified on 10/11/2022 (jml, COURT STAFF). (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
28

Declaration of JAMES M. EMERY in Support of 27 MOTION for Extension of Time to File ADMINISTRATIVE MOTION FOR EXTENDED BRIEFING SCHEDULE ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND FOR ADDITIONAL TIME TO RESPOND TO COMPLAINT filed byLondon Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 27 ) (Emery, James) (Filed on 10/7/2022) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
29

Proposed Order re 27 MOTION for Extension of Time to File ADMINISTRATIVE MOTION FOR EXTENDED BRIEFING SCHEDULE ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND FOR ADDITIONAL TIME TO RESPOND TO COMPLAINT by London Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. (Emery, James) (Filed on 10/7/2022) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

Clearinghouse
30

OPPOSITION/RESPONSE (re 27 MOTION for Extension of Time to File ) filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Attachments: # 1 Declaration of Zal K. Shroff, # 2 Exhibit A to Declaration of Zal K. Shroff, # 3 Declaration of Dajuan Rochelle, # 4 Proposed Order)(Pfeiffer, Alfred) (Filed on 10/11/2022) (Entered: 10/11/2022)

1 Declaration of Zal K. Shroff

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2 Exhibit A to Declaration of Zal K. Shroff

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3 Declaration of Dajuan Rochelle

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4 Proposed Order

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Oct. 11, 2022

Oct. 11, 2022

Clearinghouse
31

ORDER re: 27 Defendants' MOTION for Extended Briefing Schedule on Motion for Preliminary Injunction: The court has reviewed Defendants' motion for an extended briefing schedule and Plaintiffs' opposition thereto, including Plaintiffs' request that the court impose certain conditions if it grants the requested extension. The court is inclined to grant some extension of the briefing schedule on the preliminary injunction motion. The parties shall immediately meet and confer on Plaintiffs' proposed conditions (see Docket No. 30-4 at ECF p. 3) to see if they can reach agreement. By no later than 10/17/2022, the parties shall file a joint letter that does not exceed three pages setting forth their positions on the proposed conditions. If the parties are unable to reach agreement, Plaintiffs shall address why the conditions are necessary and Defendants shall address why they are not necessary and/or not feasible. Each side must include their best compromise on the proposed conditions. Signed by Magistrate Judge Donna M. Ryu on 10/13/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 10/13/2022) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER

Order

Oct. 13, 2022

Oct. 13, 2022

PACER
32

NOTICE of Appearance by Yvonne Rosil Mere (Mere, Yvonne) (Filed on 10/17/2022) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
33

Letter from Plaintiffs and Defendants re: Proposed Conditions for Extended Briefing Schedule on Motion for Preliminary Injunction . (Attachments: # 1 Exhibit A - Plaintiffs [Proposed] Order, # 2 Exhibit B - Defendants' [Proposed] Order)(Wang, Edmund) (Filed on 10/17/2022) (Entered: 10/17/2022)

1 Exhibit A - Plaintiffs [Proposed] Order

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2 Exhibit B - Defendants' [Proposed] Order

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Oct. 17, 2022

Oct. 17, 2022

Clearinghouse
34

Order by Magistrate Judge Donna M. Ryu granting in part 27 Defendants' Motion for Extended Briefing Schedule on Motion for Preliminary Injunction. Signed on 10/18/2022. (dmrlc1, COURT STAFF) (Filed on 10/18/2022) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

Clearinghouse

Set/Reset Deadlines as to 9 MOTION for Preliminary Injunction. Response due by 11/15/2022. Reply due by 12/1/2022. Motion Hearing set for 12/22/2022 01:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. (dmrlc1, COURT STAFF) (Filed on 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER

Set Motion and Deadlines/Hearings

Oct. 18, 2022

Oct. 18, 2022

PACER
35

NOTICE of Substitution of Counsel by Kevin Wu on behalf of Plaintiffs Coalition on Homelessness, Toro Castano, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, and Nathaniel Vaughn (Wu, Kevin) (Filed on 10/21/2022) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
36

Letter from Plaintiffs and Defendants re: Discovery for Plaintiffs' Preliminary Injunction Motion. (Attachments: # 1 Exhibit A - Plaintiffs' [Proposed] Order, # 2 Exhibit Defendants' [Proposed] Order, # 3 Exhibit C)(Wang, Edmund) (Filed on 10/21/2022) (Entered: 10/21/2022)

1 Exhibit A - Plaintiffs' [Proposed] Order

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2 Exhibit Defendants' [Proposed] Order

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3 Exhibit C

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Oct. 21, 2022

Oct. 21, 2022

Clearinghouse
37

Letter from Plaintiffs and Defendants re: Weekly Reporting During Extended Briefing Schedule. (Attachments: # 1 Exhibit A - Plaintiffs' [Proposed] Order, # 2 Exhibit Defendants' [Proposed] Order, # 3 Exhibit C)(Wang, Edmund) (Filed on 10/21/2022) (Entered: 10/21/2022)

1 Exhibit A - Plaintiffs' [Proposed] Order

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2 Exhibit Defendants' [Proposed] Order

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3 Exhibit C

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Oct. 21, 2022

Oct. 21, 2022

Clearinghouse
38

ORDER re 36 Letter, filed by London Breed, Sam Dodge, City and County of San Francisco, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Fire Department, San Francisco Department of Public Works, San Francisco Police Department, 37 Letter, filed by London Breed, Sam Dodge, City and County of San Francisco, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. Hearing set for 11/3/2022 12:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 10/31/2022. (dmrlc1, COURT STAFF) (Filed on 10/31/2022) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER

The 11/3/2022 hearing on the parties' dispute about discovery related to the pending preliminary injunction motion 36 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/dmr General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded tha t 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/. (dmrlc1, COURT STAFF) (Filed on 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER

~Util - Teleconference Zoom

Oct. 31, 2022

Oct. 31, 2022

PACER
39

NOTICE of Appearance by Rachel Mitchell on behalf of Plaintiffs' Coalition on Homelessness, Toro Castano, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn (Mitchell, Rachel) (Filed on 11/3/2022) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

PACER
40

NOTICE of Appearance by Tulin Gurer on behalf of Plaintiffs' Coalition on Homelessness, Toro Castano, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn (Gurer, Tulin) (Filed on 11/3/2022) Modified on 11/3/2022 (jml, COURT STAFF). (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

PACER
41

MOTION to Dismiss filed by London Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. Motion Hearing set for 1/12/2023 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 11/17/2022. Replies due by 11/25/2022. (Emery, James) (Filed on 11/3/2022) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

RECAP
42

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Hearing held by Zoom Videoconference on 11/3/2022 re 36 Joint Discovery Letter. The parties shall meet and confer and submit a revised proposed order that is consistent with Plaintiffs' proposed order (Exhibit A to the joint letter) regarding the scope of any production and that reflects the courts order setting a deadline of 12:00 PM on 11/17/2022 for any such production.Digital Recording Time: Zoom Webinar Time 12:20-12:41. Attachment: Civil Discovery Hearing Minute Order. (ig, COURT STAFF) (Date Filed: 11/4/2022) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER
43

Proposed Order (Joint) Re Expedited Discovery by Toro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Mitchell, Rachel) (Filed on 11/7/2022) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER
44

ORDER Regarding Expedited Discovery, granting 43 Proposed Order. Signed by Magistrate Judge Donna M. Ryu on 11/7/2022. (dmrlc1, COURT STAFF) (Filed on 11/7/2022) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

Clearinghouse
45

OPPOSITION/RESPONSE (re 9 MOTION for Preliminary Injunction ) filed byLondon Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. (Attachments: # 1 Declaration of Sam Christ, # 2 Declaration of Emily Cohen, # 3 Declaration of Darryl Dilworth, # 4 Declaration of Sam Dodge, # 5 Exhibit A to Declaration of Sam Dodge, # 6 Exhibit B to Declaration of Sam Dodge, # 7 Declaration of Charles Hardiman, # 8 Declaration of Allison Horky, # 9 Declaration of Mark Mazza, # 10 Exhibit A to Declaration of Mark Mazza, # 11 Declaration of David Nakanishi, # 12 Declaration of Arielle Piastunovich, # 13 Exhibit A to Declaration of Arielle Piastunovich, # 14 Exhibit B part 1 to Declaration of Arielle Piastunovich, # 15 Exhibit B part 2 to Declaration of Arielle Piastunovich, # 16 Exhibit B part 3 to Declaration of Arielle Piastunovich, # 17 Exhibit C to Declaration of Arielle Piastunovich, # 18 Declaration of Edmund Wang, # 19 Exhibit A to Declaration of Edmund Wang, # 20 Exhibit B to Declaration of Edmund Wang, # 21 Exhibit C to Declaration of Edmund Wang, # 22 Exhibit D to Declaration of Edmund Wang, # 23 Exhibit E to Declaration of Edmund Wang)(Emery, James) (Filed on 11/15/2022) (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
46

OPPOSITION/RESPONSE (re 41 MOTION to Dismiss ) filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Attachments: # 1 Proposed Order)(Pfeiffer, Alfred) (Filed on 11/17/2022) (Entered: 11/17/2022)

1 Proposed Order

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Nov. 17, 2022

Nov. 17, 2022

Clearinghouse
47

REPLY (re 41 MOTION to Dismiss ) filed byLondon Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. (Emery, James) (Filed on 11/28/2022) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER
48

REPLY (re 9 MOTION for Preliminary Injunction ) filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Pfeiffer, Alfred) (Filed on 12/1/2022) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
49

Declaration of Christopher John Herring, Ph.D in Support of 48 Reply to Opposition/Response, filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Related document(s) 48 ) (Pfeiffer, Alfred) (Filed on 12/1/2022) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
50

Declaration of Zal K. Shroff in Support of 48 Reply to Opposition/Response, filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(Related document(s) 48 ) (Pfeiffer, Alfred) (Filed on 12/1/2022) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
51

OBJECTIONS to re 50 Declaration in Support,, 49 Declaration in Support, San Francisco's Objections to Evidence by London Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. (Attachments: # 1 Exhibit A)(Wang, Edmund) (Filed on 12/13/2022) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

PACER
52

RESPONSE re 51 Objection, by Toro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Pfeiffer, Alfred) (Filed on 12/14/2022) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
53

STIPULATION and Proposed Order selecting Private ADR by Toro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn filed by Toro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn, City And County Of San Francisco, San Francisco Police Department, San Francisco Department Of Public Works, San Francisco Department Of Homelessness And Supportive Housing, San Francisco Fire Department, San Francisco Department Of Emergency Management, Mayor London Breed, Sam Dodge. (Pfeiffer, Alfred) (Filed on 12/14/2022) Modified on 12/15/2022 (jml, COURT STAFF). (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
54

ORDER REFERRING CASE TO MAGISTRATE JUDGE LISA J. CISNEROS FOR SETTLEMENT CONFERENCE: This case is referred to Magistrate Judge Lisa J. Cisneros for a settlement conference to take place approximately 30 days after the ruling on the motion for preliminary injunction, or as soon thereafter as is convenient to Judge Cisneros's calendar. Signed by Magistrate Judge Donna M. Ryu on 12/15/2022. (ig, COURT STAFF) (Filed on 12/15/2022) . (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

Clearinghouse

CASE REFERRED to Magistrate Judge Lisa J. Cisneros for Settlement (mkl, COURT STAFF) (Filed on 12/19/2022)

Dec. 19, 2022

Dec. 19, 2022

PACER
55

CLERKS NOTICE SETTING PRE-SETTLEMENT CONFERENCE VIA TELEPHONE. Notice is hereby given to all parties that Magistrate Judge Lisa J. Cisneros will convene a telephonic pre-settlement conference to discuss timing and preparation for the settlement conference. Judge Cisneros anticipates that the phone call will last approximately 15-30 minutes. Lead Counsel for all parties shall participate. The conference call shall take place on January 3, 2023 at 10:30 a.m. via the AT&T Teleconference Line. Teleconference Line: (877) 336-1831; Access Code: 6668569 If counsel for either side is not available for the above date they must meet and confer with the other side and send an email to Judge Cisneros's CRD, Brittany Sims at ljccrd@cand.uscourts.gov providing a new date(s) to the Court within three business days. The parties are directed to review, in advance of the telephone pre-settlement conference Judge Cisneros's Settlement Standing Order on Judge Cisneros's webpage, by going to https://www.cand.uscourts.gov/wp-content/uploads/judges/cisneros-ljc/LJC-SettlementConferenceStandingOrder.pdf PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bns, COURT STAFF) (Filed on 12/19/2022) (Entered: 12/19/2022)

Dec. 19, 2022

Dec. 19, 2022

PACER

Case Referred to Magistrate Judge for Settlement

Dec. 19, 2022

Dec. 19, 2022

PACER

~Util - Telephonic Hearing (AT&T) AND Clerk's Notice

Dec. 19, 2022

Dec. 19, 2022

PACER
56

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d iso Motion for Preliminary Injunction filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Related document(s) 9 ) (Do, John Thomas) (Filed on 12/20/2022) (Entered: 12/20/2022)

Dec. 20, 2022

Dec. 20, 2022

Clearinghouse
57

Declaration of John Thomas H. Do in Support of 56 Statement of Recent Decision, iso Motion for Preliminary Injunction filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Attachments: # 1 Fund v. City of Phoenix (D. Ariz.))(Related document(s) 56 ) (Do, John Thomas) (Filed on 12/20/2022) (Entered: 12/20/2022)

1 Fund v. City of Phoenix (D. Ariz.)

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Dec. 20, 2022

Dec. 20, 2022

Clearinghouse
58

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d iso Motion for Preliminary Injunction filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Related document(s) 9 ) (Do, John Thomas) (Filed on 12/21/2022) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
59

Declaration of John Thomas H. Do in Support of 58 Statement of Recent Decision, (2nd) iso Motion for Preliminary Injunction filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Attachments: # 1 Cooper-Levy v. Miami)(Related document(s) 58 ) (Do, John Thomas) (Filed on 12/21/2022) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
60

ORDER: In Plaintiffs' motion for a preliminary injunction, they reference "DPW's apparently revised, but unpublished, August 2021 [bag and tag] policy [which] purports to include even more expansive protections..." (Docket No. 9 at 13 n.3.) The court is unable to locate a copy of the August 2021 bag and tag policy in the record. By no later than 10:00 a.m. on 12/22/2022, the parties shall file a copy of the August 2021 policy for the court's review. Signed by Magistrate Judge Donna M. Ryu on 12/21/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 12/21/2022) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
61

EXHIBITS re 60 Order,, filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Attachments: # 1 Exhibit Unpublished DPW Policy)(Related document(s) 60 ) (Shroff, Zal) (Filed on 12/21/2022) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
62

Letter to Hon. Donna M. Ryu . (Attachments: # 1 Exhibit A)(Emery, James) (Filed on 12/22/2022) Modified on 12/22/2022 (jml, COURT STAFF). (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
63

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Motion Hearing held on 12/22/2022 by Zoom Videoconference re 9 Plaintiffs' Motion for Preliminary Injunction, Motion is taken under submission. Court's written Order to follow. Digital Recording Time: Zoom Webinar Time 1:25-2:31 (Transcriber Assigned Ana Dub). Attachment: Civil Law and Motion Minute Order. (ig, COURT STAFF) (Date Filed: 12/22/2022) Modified on 12/27/2022 (wft, COURT STAFF). (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
64

Letter from DCA Jim Emery to Hon. Donna M. Ryu. . (Emery, James) (Filed on 12/22/2022) Modified on 12/27/2022 (jml, COURT STAFF). (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER

Order

Dec. 22, 2022

Dec. 22, 2022

PACER
65

Order by Magistrate Judge Donna M. Ryu granting in part and denying in part 9 Plaintiffs' Motion for Preliminary Injunction. Signed on 12/23/2022.(dmrlc1, COURT STAFF) (Filed on 12/23/2022) (Entered: 12/23/2022)

Dec. 23, 2022

Dec. 23, 2022

Clearinghouse
66

TRANSCRIPT ORDER for proceedings held on 12/22/22 before Magistrate Judge Donna M. Ryu by Toro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn, for Court Reporter not listed - Oakland. (Wu, Kevin) (Filed on 12/27/2022) (Entered: 12/27/2022)

Dec. 27, 2022

Dec. 27, 2022

PACER
67

CLERK'S NOTICE VACATING AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND SETTING ZOOM HEARING. Notice is hereby given to all parties that the Initial Case Management Conference set for 1/4/2023 01:30 PM is vacated and rescheduled to 1/12/2023 01:00 PM in Oakland, - Videoconference Only to coincide with the hearing on 41 Defendants' Motion to Dismiss before Magistrate Judge Donna M. Ryu. This proceeding will be held via a Zoom webinar. Parties shall file a joint case management conference statement by 1/5/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/d mr 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.) (ig, COURT STAFF) (Filed on 12/28/2022) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER

Clerk's Notice Setting Zoom Hearing

Dec. 28, 2022

Dec. 28, 2022

PACER
68

Transcript of the Official Electronic record of Remote Zoom Video Conference Proceedings held on December 22, 2022, before Magistrate Judge Donna M. Ryu. Transcribed by Federal Official Court Reporter Ana Dub, CSR 7445, RDR, RMR, CRR, CCRR, CRG, CCG, telephone number 415-290-1651; ana_dub@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Transcriber until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 66 Transcript Order, ) Release of Transcript Restriction set for 3/30/2023. (Related documents(s) 66 ) (amd, COURT STAFF) (Filed on 12/30/2022) (Entered: 12/30/2022)

Dec. 30, 2022

Dec. 30, 2022

PACER
69

TRANSCRIPT ORDER for proceedings held on 12/22/2022 before Magistrate Judge Donna M. Ryu by London Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department, for Court Reporter Ana Dub. (Emery, James) (Filed on 1/3/2023) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

PACER
70

ADMINISTRATIVE MOTION for Clarification of Preliminary Injunction Order, and in the Alternative for Expedited Briefing filed by London Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. Responses due by 1/9/2023. (Attachments: # 1 Declaration of James M. Emery, # 2 Exhibit A to Declaration of Emery, # 3 Exhibit B to Declaration of Emery, # 4 Proposed Order)(Emery, James) (Filed on 1/3/2023) Modified on 1/3/2023 (jml, COURT STAFF). (Entered: 01/03/2023)

1 Declaration of James M. Emery

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2 Exhibit A to Declaration of Emery

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3 Exhibit B to Declaration of Emery

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4 Proposed Order

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Jan. 3, 2023

Jan. 3, 2023

PACER
71

Minute Entry for proceedings held before Magistrate Judge Lisa J. Cisneros: Pre-Settlement Conference held on 1/3/2023 via AT&T Telephone Conference. Total Time in Court: 47 minutes. Not Recorded. Plaintiff Attorney: Zal Kotval Shroff, John Thomas H. Do and Joseph Hyuk Lee. Defendant Attorney: James Moxon Emery and Wayne Kessler Snodgrass.Results: Settlement conference scheduled for January 25, 2022, starting at 9:30 am, on Zoom. Preparation for settlement conference discussed with the parties, including required submissions and modification to the standing order.Webinar Access: Judge Cisneros will conduct the settlement conference in her designated non-public Zoom Meeting "room." The non-public Zoom Meeting link is available on Judge Cisneros's webpage, by going to: https://www.cand.uscourts.gov/lisa-j-cisneros/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 ljccrd@cand.uscourts.gov no later than January 24, 2022 at 9:30 a.m..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/.(bns, COURT STAFF) (Date Filed: 1/3/2023) (Entered: 01/04/2023)

Jan. 3, 2023

Jan. 3, 2023

PACER
72

Amended Minute Entry for proceedings held before Magistrate Judge Lisa J. Cisneros: Pre-Settlement Conference held on 1/3/2023 via AT&T Telephone Conference.Total Time in Court: 47 minutes. Not Recorded. Plaintiff Attorney: Zal Kotval Shroff, John Thomas H. Do and Joseph Hyuk Lee. Defendant Attorney: James Moxon Emery and Wayne Kessler Snodgrass. Results: Settlement conference scheduled for January 25, 2023, starting at 9:30 am, on Zoom. Preparation for settlement conference discussed with the parties, including required submissions and modification to the standing order.Webinar Access: Judge Cisneros will conduct the settlement conference in her designated non-public Zoom Meeting "room." The non-public Zoom Meeting link is available on Judge Cisneros's webpage, by going to: https://www.cand.uscourts.gov/lisa-j-cisneros/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 ljccrd@cand.uscourts.gov no later than January 24, 2023 at 9:30 a.m..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/.(bns, COURT STAFF) (Date Filed: 1/3/2023) Modified on 1/4/2023 (bns, COURT STAFF). (Entered: 01/04/2023)

Jan. 3, 2023

Jan. 3, 2023

Clearinghouse
73

NOTICE of Appearance by Ryan Christopher Stevens (Stevens, Ryan) (Filed on 1/4/2023) (Entered: 01/04/2023)

Jan. 4, 2023

Jan. 4, 2023

PACER
74

JOINT CASE MANAGEMENT STATEMENT and Rule 26(f) Statement filed by Toro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn, City and County of San Francisco; San Francisco Police Department; San Francisco Department of Public Works; San Francisco Department of Homelessness and Supportive Housing; San Francisco Fire Department; San Francisco Department of Emergency Management; Mayor London Breed and Sam Dodge. (Pfeiffer, Alfred) (Filed on 1/5/2023) Modified on 1/6/2023 (jml, COURT STAFF). (Entered: 01/05/2023)

Jan. 5, 2023

Jan. 5, 2023

PACER
75

ADMINISTRATIVE MOTION FOR STATUS CONFERENCE ON PRELIMINARY INJUNCTION NONCOMPLIANCE AND NEED FOR MONITORING filed by Toro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. Responses due by 1/10/2023. (Attachments: # 1 Proposed Order)(Do, John Thomas) (Filed on 1/6/2023) (Entered: 01/06/2023)

1 Proposed Order

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Jan. 6, 2023

Jan. 6, 2023

PACER
76

Declaration of JENNIFER FRIEDENBACH in Support of 75 ADMINISTRATIVE MOTION FOR STATUS CONFERENCE ON PRELIMINARY INJUNCTION NONCOMPLIANCE AND NEED FOR MONITORING filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Related document(s) 75 ) (Do, John Thomas) (Filed on 1/6/2023) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

RECAP
77

Declaration of IAN JAMES in Support of 75 ADMINISTRATIVE MOTION FOR STATUS CONFERENCE ON PRELIMINARY INJUNCTION NONCOMPLIANCE AND NEED FOR MONITORING filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Related document(s) 75 ) (Do, John Thomas) (Filed on 1/6/2023) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

Clearinghouse
78

Declaration of CHRISTIN EVANS in Support of 75 ADMINISTRATIVE MOTION FOR STATUS CONFERENCE ON PRELIMINARY INJUNCTION NONCOMPLIANCE AND NEED FOR MONITORING filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Attachments: # 1 Exhibit A (photo), # 2 Exhibit B (photo))(Related document(s) 75 ) (Do, John Thomas) (Filed on 1/6/2023) (Entered: 01/06/2023)

1 Exhibit A (photo)

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2 Exhibit B (photo)

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Jan. 6, 2023

Jan. 6, 2023

PACER
79

Declaration of SHANNA COUPER ORONA in Support of 75 ADMINISTRATIVE MOTION FOR STATUS CONFERENCE ON PRELIMINARY INJUNCTION NONCOMPLIANCE AND NEED FOR MONITORING filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Attachments: # 1 Exhibit A (photo))(Related document(s) 75 ) (Do, John Thomas) (Filed on 1/6/2023) (Entered: 01/06/2023)

1 Exhibit A (photo)

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Jan. 6, 2023

Jan. 6, 2023

PACER
80

Declaration of John Thomas H. Do in Support of 75 ADMINISTRATIVE MOTION FOR STATUS CONFERENCE ON PRELIMINARY INJUNCTION NONCOMPLIANCE AND NEED FOR MONITORING filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Related document(s) 75 ) (Do, John Thomas) (Filed on 1/6/2023) (Entered: 01/06/2023)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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Jan. 6, 2023

Jan. 6, 2023

PACER
81

OPPOSITION/RESPONSE (re 70 ADMINISTRATIVE MOTION for Clarification of Preliminary Injunction Order, and in the Alternative for Expedited Briefing ) filed byToro Castano, Coalition on Homelessness, Sarah Cronk, Joshua Donohoe, Molique Frank, David Martinez, Teresa Sandoval, Nathaniel Vaughn. (Attachments: # 1 Declaration of Joseph H. Lee, # 2 Exhibit 1, # 3 Proposed Order)(Pfeiffer, Alfred) (Filed on 1/9/2023) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

PACER
82

OPPOSITION/RESPONSE (re 75 ADMINISTRATIVE MOTION FOR STATUS CONFERENCE ON PRELIMINARY INJUNCTION NONCOMPLIANCE AND NEED FOR MONITORING ) filed byLondon Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. (Attachments: # 1 Declaration of Darryl Dilworth, # 2 Exhibit A to Declaration of Dilworth, # 3 Exhibit B to Declaration of Dilworth, # 4 Exhibit C to Declaration of Dilworth, # 5 Exhibit D to Declaration of Dilworth, # 6 Declaration of Samuel Dodge, # 7 Exhibit A to Declaration of Dodge, # 8 Exhibit B to Declaration of Dodge, # 9 Declaration of James M. Emery, # 10 Exhibit A to Declaration of Emery, # 11 Exhibit B to Declaration of Emery, # 12 Declaration of Charles Patrick Hardiman, # 13 Declaration of Dennis Hoang, # 14 Declaration of Christopher Manitsoudis, # 15 Declaration of Jorge Morales, # 16 Declaration of David Nakanishi, # 17 Exhibit A to Declaration of Nakanishi, # 18 Exhibit B to Declaration of Nakanishi, # 19 Declaration of Daniel Nazzareta, # 20 Declaration of Michael Peralta, # 21 Declaration of Arielle Piastunovich, # 22 Exhibit A to Declaration of Piastunovich, # 23 Exhibit B to Declaration of Piastunovich, # 24 Exhibit C to Declaration of Piastunovich, # 25 Exhibit D to Declaration of Piastunovich, # 26 Exhibit E to Declaration of Piastunovich, # 27 Exhibit F to Declaration of Piastunovich, # 28 Declaration of Noelle Simmons, # 29 Proposed Order)(Emery, James) (Filed on 1/10/2023) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

PACER
83

Proposed Order re 82 Opposition/Response to Motion,,,,,, CORRECTION OF DOCKET # [82-29] by London Breed, City and County of San Francisco, Sam Dodge, San Francisco Department of Emergency Management, San Francisco Department of Homelessness and Supportive Housing, San Francisco Department of Public Works, San Francisco Fire Department, San Francisco Police Department. (Emery, James) (Filed on 1/11/2023) (Entered: 01/11/2023)

Jan. 11, 2023

Jan. 11, 2023

Clearinghouse
84

Order on Administrative Motion per Civil Local Rule 7-11 AND Order on Administrative Motion per Civil Local Rule 7-11 AND Order on Motion to Dismiss AND 1 - Terminate Deadlines and Hearings AND ~Util - Set Deadlines/Hearings AND Case Management Conference - Initial AND Motion Hearing

Jan. 14, 2023

Jan. 14, 2023

Clearinghouse
85

~Util - Set Deadlines AND Case Management Scheduling Order

Jan. 14, 2023

Jan. 14, 2023

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Sept. 27, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Coalition on Homelessness is a nonprofit with the mission to find permanent solutions to homelessness while recognizing the dignity and human rights of unhoused people. The seven individual plaintiffs are unhoused residents of San Francisco.

Attorney Organizations:

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City and County of San Francisco (San Francisco, San Francisco), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

State Anti-Discrimination Law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Government services

Housing

Loss or damage to property

Placement in shelters

Poverty/homelessness

Disability and Disability Rights:

disability, unspecified

Mental Illness, Unspecified