Case: Parnell v. City of Berkeley

COMPLAINT; No Process with Jury Demand, against City of Berkeley. Filed by Lawanda Parnell, Mike Douglas, Merced Dominguez. Consent/Declination due by 12/26/2023. (Attachments: # 1 Civil Cover Sheet)(jlm, COURT STAFF) (Filed on 12/11/2023) (Entered: 12/12/2023)

MOTION for Temporary Restraining Order filed by Merced Dominguez, Mike Douglas, Lawanda Parnell. (Attachments: # 1 Declarations in Support, # 2 Proposed Order)(jlm, COURT STAFF) (Filed on 12/11/2023) (Entered: 12/12/2023)

MOTION for Leave to Proceed in forma pauperis filed by Lawanda Parnell. (jlm, COURT STAFF) (Filed on 12/11/2023) (Entered: 12/12/2023)

MOTION for Leave to Proceed in forma pauperis filed by Merced Dominguez. (jlm, COURT STAFF) (Filed on 12/11/2023) (Entered: 12/12/2023)

MOTION for Leave to Proceed in forma pauperis filed by Mike Douglas. (jlm, COURT STAFF) (Filed on 12/11/2023) (Entered: 12/12/2023)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mike Douglas.. (jlm, COURT STAFF) (Filed on 12/11/2023) (Entered: 12/12/2023)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/14/2024. Initial Case Management Conference set for 3/20/2024 01:30 PM. (Attachments: # 1 DMR - Standing Order, # 2 Standing Order for All Judges)(jlm, COURT STAFF) (Filed on 12/11/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/12/2023)

ORDER to Maintain Status Quo; Judicial Referral for Purpose of Determining Relationship of Cases re 3:23-cv-04537-EMC. Signed by Judge Richard Seeborg on December 12, 2023. (rslc2, COURT STAFF) (Filed on 12/12/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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. (jlg, COURT STAFF) (Filed on 12/12/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/12/2023)

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 Donna M. Ryu no longer assigned to case, Signed by The Clerk on 12/12/2023. (anj, COURT STAFF) (Filed on 12/12/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 12/13/2023: # 1 Clerk Sig added) (anj, COURT STAFF). (Entered: 12/12/2023)

Clerk's Notice of Impending Reassignment - Text Only

ORDER RELATING CASE. Signed by Judge Edward M. Chen on 12/13/2023. (vla, COURT STAFF) (Filed on 12/13/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/13/2023)

Case Reassigned to Judge Edward M Chen. Judge Richard Seeborg no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (mbc, COURT STAFF) (Filed on 12/13/2023) (Entered: 12/13/2023)

OPPOSITION/RESPONSE (re 2 MOTION for Temporary Restraining Order ) filed byCity of Berkeley. (Attachments: # 1 Declaration of Peter Radu in Support of Opposition to TRO, # 2 Declaration of Okeya Vance-Dozier in Support of Opposition to TRO, # 3 Declaration of Vincent Chen in Support of Opposition to TRO, # 4 Declaration of Officer Kevin Kleppe in Support of Opposition to TRO, # 5 Declaration of Rosanne Massimino Regarding Personal Service)(Shapp, Marc) (Filed on 12/13/2023) Modified on 12/14/2023 (mcl, COURT STAFF). (Entered: 12/13/2023)

NOTICE of Appearance by Marc Aaron Shapp (Shapp, Marc) (Filed on 12/13/2023) (Entered: 12/13/2023)

Order by Judge Araceli Martinez-Olguin in case 3:23-cv-04537-EMC; granting (2) Motion for TRO in case 3:23-cv-06379-EMC. Associated Cases: 3:23-cv-06379-EMC, 3:23-cv-04537-EMC. (ads, COURT STAFF) (Filed on 12/15/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/15/2023)

CLERK'S NOTICE SETTING ZOOM HEARING. Temporary Restraining Order Hearing set for 12/19/2023 at 03:00 PM. 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/emcCourt 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 emccrd@cand.uscourts.gov no later than December 18, 2023 at 1:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 12/15/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/15/2023)

Clerk's Notice Setting Zoom Hearing

CERTIFICATE OF SERVICE by City of Berkeley re 13 Opposition/Response to Motion,, DECLARATION OF BRENDAN DARROW RE PROOF OF PERSONAL SERVICE (Darrow, Brendan) (Filed on 12/18/2023) (Entered: 12/18/2023)

SUPPLEMENTAL DECLARATION of Michael Douglas in Reply to Defendant's Opposition to Plaintiff's Motion for Temporary Restraining Order filed by Mike Douglas. (wsn, COURT STAFF) (Filed on 12/18/2023) (Entered: 12/19/2023)

SUPPLEMENTAL DECLARATION of Lawanda Parnell in Reply to Defendant's Opposition to Plaintiff's Motion for Temporary Restraining Order filed by Lawanda Parnell. (wsn, COURT STAFF) (Filed on 12/18/2023) (Entered: 12/19/2023)

SUPPLEMENTAL DECLARATION of Talya Husbands-Hankin in Reply to Defendant's Opposition to Plaintiff's Motion for Temporary Restraining Order filed by Talya Husbands-Hankin. (wsn, COURT STAFF) (Filed on 12/18/2023) (Entered: 12/19/2023)

Supplemental Declaration of Talya Husbands-Hankin in reply to defendants' opposition to plaintiff's Motion for Temporary Restraining Order filed byMerced Dominguez, Mike Douglas, Le Wanda Parnell. (mcl, COURT STAFF) (Filed on 12/18/2023) (Entered: 12/20/2023)

Received one USB drive re 23 SUPPLEMENTAL DECLARATION of Talya Husbands-Hankin. (wsn, COURT STAFF) (Filed on 12/18/2023)

Order by Judge Edward M Chen GRANTING 3 Motion for Leave to Proceed in forma pauperis as to Lawanda Parnell.(vla, COURT STAFF) (Filed on 12/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/19/2023)

Order by Judge Edward M Chen Granting 4 Motion for Leave to Proceed in forma pauperis as to Merced Dominguez.(vla, COURT STAFF) (Filed on 12/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/19/2023)

Order by Judge Edward M Chen GRANTING 5 Motion for Leave to Proceed in forma pauperis as to Mike Douglas.(vla, COURT STAFF) (Filed on 12/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/19/2023)

CLERK'S NOTICE SCHEDULING A CONTINUED MOTION FOR TEMPORARY RETRAINING ORDER HEARING. Motion for Temporary Restraining Order Hearing set for 12/21/2023, at 4:00 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. ALL PARTIES PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 3:50 PMWebinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral 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.)(vla, COURT STAFF) (Filed on 12/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/19/2023)

Minute Entry for proceedings held before Judge Edward M Chen: Motion Hearing held on 12/19/2023 re ( Dkt. #2 in 3:23-cv-06379-EMC) MOTION for Temporary Restraining Order. Total Time in Court: 27 Minutes. Court Reporter: Stephen Franklin. (vla, COURT STAFF) (Date Filed: 12/19/2023) (Entered: 12/20/2023)

Remark

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

Declaration of Yesica Prado in Support of TRO filed byLe Wanda Parnell. (Parnell, Le Wanda) (Filed on 12/21/2023) (Entered: 12/21/2023)

ORDER by Judge Edward M. Chen dissolving the Temporary Restraining Order subject to a timeline that is workable for the Plaintiffs. (emclc5, COURT STAFF) (Filed on 12/22/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/22/2023)

CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 1/2/2024. Initial Case Management Conference reset from 1/9/2024 to 1/11/2024, at 1:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. ALL PARTIES PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PMWebinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral 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.) (vla, COURT STAFF) (Filed on 12/28/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/28/2023)

Clerk's Notice Setting Zoom Hearing

JOINT CASE MANAGEMENT STATEMENT filed by City of Berkeley. (Shapp, Marc) (Filed on 1/2/2024) (Entered: 01/02/2024)

TRANSCRIPT ORDER for proceedings held on 12/19/2023 and 12/21/2023 before Judge Edward M Chen for Court Reporter Stephen Franklin (Franklin, Stephen) (Filed on 1/8/2024) (Entered: 01/08/2024)

Minute Entry for proceedings held before Judge Edward M Chen: Initial Case Management Conference held on 1/11/2024 and Motion Hearing held on 1/11/2024 re (51 in 3:23-cv-04537-EMC) MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint. Total Time in Court: 42 Minutes. Court Reporter: Marla Knox. (vla, COURT STAFF) (Date Filed: 1/11/2024) (Entered: 01/24/2024)

Mail sent to Mike Douglas returned as undeliverable re 15 Order on Motion for TRO, 16 Clerk's Notice Setting Zoom Hearing.(mcl, COURT STAFF) (Filed on 1/11/2024) (Entered: 01/26/2024)

Mail sent to Mike Douglas returned as undeliverable re 11 Order Relating Case. (mcl, COURT STAFF) (Filed on 1/12/2024) (Entered: 01/16/2024)

Mail sent to Le Wanda Parnell returned as undeliverable re 15 Order on Motion for TRO, 16 Clerk's Notice Setting Zoom Hearing.(mcl, COURT STAFF) (Filed on 1/12/2024) (Entered: 01/26/2024)

Mail sent to Le Wanda Parnell returned as undeliverable re 11 Order Relating Case. (mcl, COURT STAFF) (Filed on 1/16/2024) (Entered: 01/17/2024)

Transcript of Proceedings held on 12/19/2023, before Judge Edward M. Chen. Court Reporter/Transcriber Stephen W. Franklin, telephone number (561)313-8439. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (64 in 3:23-cv-04537-EMC) Transcript Order ) Release of Transcript Restriction set for 4/30/2024. (Franklin, Stephen) (Filed on 1/31/2024) (Entered: 01/31/2024)

Transcript of Proceedings held on 12/21/2023, before Judge Edward M. Chen. Court Reporter/Transcriber Stephen W. Franklin, telephone number (561)313-8439. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (64 in 3:23-cv-04537-EMC) Transcript Order ) Release of Transcript Restriction set for 4/30/2024. (Franklin, Stephen) (Filed on 1/31/2024) (Entered: 01/31/2024)

CLERK'S NOTICE SETTING TELEPHONE CONFERENCE. Please note that you must be logged into an ECF account of counsel of record in order to view this document. Telephone Conference set for 8/9/2024 03:00 PM in Oakland, - Telephonic Only before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 7/30/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/30/2024)

Case Referred to Magistrate Judge for Settlement

CASE REFERRED to Magistrate Judge Kandis A. Westmore for Settlement. (shy, COURT STAFF) (Filed on 7/30/2024)

Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Pre-Settlement Telephonic Conference held on 8/9/2024. Settlement Conference set for 12/9/2024 01:00 PM in Oakland, Courtroom 4, 3rd Floor. Confidential settlement conference statements are due on 11/27/2024. The Court will convert the settlement conference to Zoom if public health concerns so require. The parties are directed to review and comply with the Courts settlement conference standing order available at https://www.cand.uscourts.gov/judges/westmore-kandis-a-kaw/ Total Time in Court: 30 minutes. Not Reported. (wft, COURT STAFF) (Date Filed: 8/9/2024) (Entered: 08/19/2024)

SETTLEMENT CONFERENCE MEET AND CONFER ORDER re ( 89 in 3:23-cv-04537-EMC, and 40 in 3:23-cv-06379-EMC,), Signed by Judge Kandis A. Westmore on 8/19/2024. (wft, COURT STAFF) (Filed on 8/19/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 08/19/2024)

Mail sent to Mike Douglas returned as undeliverable re 39 Clerk's Notice Setting ADR Telephone Conference. (mcl, COURT STAFF) (Filed on 8/29/2024) (Entered: 08/29/2024)

Mail sent to Mike Douglas returned as undeliverable re 40 Settlement Conference. (far, COURT STAFF) (Filed on 9/3/2024) (Entered: 09/03/2024)

ORDER REGARDING FAILURE TO LODGE SETTLEMENT CONFERENCE STATEMENTS re 40, Signed by Judge Kandis A. Westmore on 12/2/2024. (wft, COURT STAFF) (Filed on 12/2/2024) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 12/2/2024 (wft, COURT STAFF). (Entered: 12/02/2024)

ORDER VACATING SETTLEMENT CONFERENCE. Plaintiffs' settlement conference statement was due by 11/27/2024. After Plaintiffs failed to provide the statement, the Court sua sponte extended the deadline to 12/4/2024 at 12:00 noon. To date, Plaintiffs have still not provided the statement, so the Court lacks the materials necessary to prepare for the settlement conference. The Court has been separately informed that the plaintiffs intend to file a voluntary dismissal. For both reasons, the Court VACATES the 12/9/2024 settlement conference as it pertains to the Parnell plaintiffs. The related Prado action remains on calendar. Signed by Judge Kandis A. Westmore on 12/5/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc1, COURT STAFF) (Filed on 12/5/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/05/2024)

1 - Terminate Hearings AND Order

Mail sent to Mike Douglas returned as undeliverable re 44 Order. (gba, COURT STAFF) (Filed on 12/13/2024) (Entered: 12/13/2024)

Mail sent to Mike Douglas returned as undeliverable re 44 Order. (gba, COURT STAFF) (Filed on 12/13/2024) (Entered: 12/16/2024)

Dismiss/Lack of Prosecution

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

Order

Clerk's Notice Setting Zoom Hearing

Case Referred to Magistrate Judge for Discovery

Order