Case: Bloom v. City of San Diego

3:17-cv-02324 | U.S. District Court for the Southern District of California

Filed Date: Nov. 15, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 15, 2017, a group of homeless individuals sued the City of San Diego, alleging that the city's enforcement of parking and vehicle habitation ordinances against them was a violation of their Eighth Amendment (cruel and unusual punishment) and Fourteenth Amendment (substantive due process, right to travel and equal protection) rights. Plaintiffs sought to certify a class consisting of "All persons in the City of San Diego who used, use, or will use an RV or other vehicle as their only…

On November 15, 2017, a group of homeless individuals sued the City of San Diego, alleging that the city's enforcement of parking and vehicle habitation ordinances against them was a violation of their Eighth Amendment (cruel and unusual punishment) and Fourteenth Amendment (substantive due process, right to travel and equal protection) rights. Plaintiffs sought to certify a class consisting of "All persons in the City of San Diego who used, use, or will use an RV or other vehicle as their only form of shelter at any time after November 15, 2017". Additionally, plaintiffs requested a "Disability Sub-class" consisting of "Members who have a ‘disability’ as defined under the ADA, 42 U.S.C. § 12102, which limits their ability to comply with the City’s ordinances that prevent people from using vehicles as shelter and/or which makes them particularly vulnerable to harm from the City’s enforcement of the
ordinances.” This case was presided over by Judge J. Paul Oetken. The plaintiffs, represented by private counsel, the National Law Center on Homelessness and Poverty, and Disability Rights California, claimed the City's enforcement of its nighttime RV parking ordinance and its vehicle habitation ordinance targeted homeless vehicle owners, ticketing them and impounding their vehicles for unpaid tickets. Plaintiffs asserted that due to a housing crisis and lack of reasonable shelter options, plaintiffs were forced to use vehicles for shelter. Plaintiffs alleged that defendant's actions violated their rights under 42 U.S.C. § 1983), the Americans with Disabilities Act (42 U.S.C. § 12132), Section 504 of the Rehabilitation Act (29 U.S.C. § 794), the U.S. and California Constitutions, and California Civil Code § 52.1 (Bane Act). 

Plaintiffs sought declaratory relief, preliminary and permanent injunctive relief to stop the enforcement of these ordinances against homeless individuals, compensatory damages, and attorneys' fees and costs. 

On February 14, 2018, plaintiffs filed an amended complaint, adding two new named plaintiffs. On February 28, 2017, defendants filed a motion to dismiss for failure to state a claim. On April 30, 2018, plaintiffs filed a motion for preliminary injunction. On June 7, 2018, the court denied defendant's motion to dismiss. On August 21, 2018, the court granted in part and denied in part plaintiff's motion for a preliminary injunction. On April 30, 2020, plaintiffs filed an ex parte motion for Temporary Restraining Order. On May 1, 2020 plaintiffs filed their second amended class action complaint. On May 13,2020 the court denied plaintiffs' motion for a temporary restraining order.

On December 21, 2020 plaintiffs filed a motion to certify class. On June 8, 2021, the court granted in part and denied in part plaintiffs' renewed motion for class certification. Specifically, the court certified the main class of "All persons in the City of San Diego who used, use, or will use an RV or other vehicle as their only form of shelter, anywhere, at any time, after November 15, 2017." However, the court denied the certification of the Disability Sub-Class.

On September 22, 2022 plaintiffs filed a motion for partial summary judgment, and the defendants filed a motion for judgment on the pleadings. On April 10, 2023, parties reached a settlement agreement, which received preliminary approval by the court on March 15, 2024 (and received final approval on October 10, 2024). The main terms of the settlement include defendants forgiving certain outstanding tickets for class members, limiting the enforcement of Vehicle Habitation Ordinance (VHO) such as by not enforcing it against those living in their vehicle, limiting the enforcement of the Oversized Vehicle Ordinance (OVO), expanding the City's designated parking program, and complying in good faith with ADA-related requests by class members. The Agreement did not provide monetary damages for class members, however, individual class members were still permitted to bring their own claims for monetary damages. The City agreed to pay attorneys' fees and expenses, as well as up to $25,000 in costs necessary to monitor compliance with the Settlement Agreement. 

On July 8, 2024, plaintiffs filed two unopposed motions: a motion for final approval of class action settlement and motion for attorneys' fees. On October 10, 2024, the court granted both motions. Final judgment was entered October 15, 2024, and the case was closed. 

On March 10, 2025, plaintiffs filed a motion for settlement enforcement, arguing that the defendants had not complied with the settlement agreement. Plaintiffs alleged that the city refused to remove VHO and OVO signs which misstated the terms of the settlement agreement. Plaintiffs attempted to resolve these issues through multiple meetings with the City, but they did not reached a solution. Plaintiffs requested the court to order the defendants to modify or remove these signs as well as reimburse plaintiffs for attorney's fees related to this motion.

As of April 21, 2025, the court has not yet ruled on this motion. 

Summary Authors

Renuka Wagh (4/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14630813/parties/bloom-v-city-of-san-diego/


Judge(s)

Battaglia, Anthony Joseph (California)

Attorney for Plaintiff

Abasto, Anthony Christian (California)

Amon, Michael Ari (California)

Bauman, Tristia (California)

Biegler, Geoffrey Donovan (California)

Attorney for Defendant

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Documents in the Clearinghouse

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14630813/bloom-v-city-of-san-diego/

Last updated Aug. 21, 2025, 12:53 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT With Jury Demand Against All Defendants (Filing fee $ 400 receipt number 0974-10638632) filed by Benjamin Hernandez, Valerie Grischy, David Wilson, Michael Bloom, Doug Higgins, Stephen Chatzky, Penny Helms, Suzonne Keith, Tony Diaz. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:17-cv-02324-AJB-NLS. Judge Anthony J. Battaglia and Magistrate Judge Nita L. Stormes are assigned to the case. (Biegler, Geoffrey)(jrm)(jrd) (Entered: 11/16/2017)

Nov. 15, 2017

Nov. 15, 2017

Clearinghouse
2

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jrm)(jrd) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
3

NOTICE of Appearance by Nancy L. Ly on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, David Wilson (Ly, Nancy)Attorney Nancy L. Ly added to party Michael Bloom(pty:pla), Attorney Nancy L. Ly added to party Stephen Chatzky(pty:pla), Attorney Nancy L. Ly added to party Tony Diaz(pty:pla), Attorney Nancy L. Ly added to party Valerie Grischy(pty:pla), Attorney Nancy L. Ly added to party Penny Helms(pty:pla), Attorney Nancy L. Ly added to party Benjamin Hernandez(pty:pla), Attorney Nancy L. Ly added to party Doug Higgins(pty:pla), Attorney Nancy L. Ly added to party Suzonne Keith(pty:pla), Attorney Nancy L. Ly added to party David Wilson(pty:pla)(acc). (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
4

NOTICE of Appearance by Robert M. Yeh on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, David Wilson (Yeh, Robert)Attorney Robert M. Yeh added to party Michael Bloom(pty:pla), Attorney Robert M. Yeh added to party Stephen Chatzky(pty:pla), Attorney Robert M. Yeh added to party Tony Diaz(pty:pla), Attorney Robert M. Yeh added to party Valerie Grischy(pty:pla), Attorney Robert M. Yeh added to party Penny Helms(pty:pla), Attorney Robert M. Yeh added to party Benjamin Hernandez(pty:pla), Attorney Robert M. Yeh added to party Doug Higgins(pty:pla), Attorney Robert M. Yeh added to party Suzonne Keith(pty:pla), Attorney Robert M. Yeh added to party David Wilson(pty:pla)(acc). (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
5

NOTICE of Appearance by Ryan Lynn Frei on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, David Wilson (Frei, Ryan)Attorney Ryan Lynn Frei added to party Michael Bloom(pty:pla), Attorney Ryan Lynn Frei added to party Stephen Chatzky(pty:pla), Attorney Ryan Lynn Frei added to party Tony Diaz(pty:pla), Attorney Ryan Lynn Frei added to party Valerie Grischy(pty:pla), Attorney Ryan Lynn Frei added to party Penny Helms(pty:pla), Attorney Ryan Lynn Frei added to party Benjamin Hernandez(pty:pla), Attorney Ryan Lynn Frei added to party Doug Higgins(pty:pla), Attorney Ryan Lynn Frei added to party Suzonne Keith(pty:pla), Attorney Ryan Lynn Frei added to party David Wilson(pty:pla)(acc). (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
6

NOTICE of Appearance by Manfred Patrick Muecke, Jr on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, David Wilson (Muecke, Manfred)Attorney Manfred Patrick Muecke, Jr added to party Michael Bloom(pty:pla), Attorney Manfred Patrick Muecke, Jr added to party Stephen Chatzky(pty:pla), Attorney Manfred Patrick Muecke, Jr added to party Tony Diaz(pty:pla), Attorney Manfred Patrick Muecke, Jr added to party Valerie Grischy(pty:pla), Attorney Manfred Patrick Muecke, Jr added to party Penny Helms(pty:pla), Attorney Manfred Patrick Muecke, Jr added to party Benjamin Hernandez(pty:pla), Attorney Manfred Patrick Muecke, Jr added to party Doug Higgins(pty:pla), Attorney Manfred Patrick Muecke, Jr added to party Suzonne Keith(pty:pla), Attorney Manfred Patrick Muecke, Jr added to party David Wilson(pty:pla)(acc). (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
7

NOTICE of Appearance by Patricia N Syverson on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, David Wilson (Syverson, Patricia)Attorney Patricia N Syverson added to party Michael Bloom(pty:pla), Attorney Patricia N Syverson added to party Stephen Chatzky(pty:pla), Attorney Patricia N Syverson added to party Tony Diaz(pty:pla), Attorney Patricia N Syverson added to party Valerie Grischy(pty:pla), Attorney Patricia N Syverson added to party Penny Helms(pty:pla), Attorney Patricia N Syverson added to party Benjamin Hernandez(pty:pla), Attorney Patricia N Syverson added to party Doug Higgins(pty:pla), Attorney Patricia N Syverson added to party Suzonne Keith(pty:pla), Attorney Patricia N Syverson added to party David Wilson(pty:pla)(acc). (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
8

NOTICE of Appearance by Robert Scott Dreher on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, David Wilson (Dreher, Robert)Attorney Robert Scott Dreher added to party Michael Bloom(pty:pla), Attorney Robert Scott Dreher added to party Stephen Chatzky(pty:pla), Attorney Robert Scott Dreher added to party Tony Diaz(pty:pla), Attorney Robert Scott Dreher added to party Valerie Grischy(pty:pla), Attorney Robert Scott Dreher added to party Penny Helms(pty:pla), Attorney Robert Scott Dreher added to party Benjamin Hernandez(pty:pla), Attorney Robert Scott Dreher added to party Doug Higgins(pty:pla), Attorney Robert Scott Dreher added to party Suzonne Keith(pty:pla), Attorney Robert Scott Dreher added to party David Wilson(pty:pla)(acc). (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
9

NOTICE of Appearance by Ann E Menasche on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, David Wilson (Menasche, Ann)Attorney Ann E Menasche added to party Michael Bloom(pty:pla), Attorney Ann E Menasche added to party Stephen Chatzky(pty:pla), Attorney Ann E Menasche added to party Tony Diaz(pty:pla), Attorney Ann E Menasche added to party Valerie Grischy(pty:pla), Attorney Ann E Menasche added to party Penny Helms(pty:pla), Attorney Ann E Menasche added to party Benjamin Hernandez(pty:pla), Attorney Ann E Menasche added to party Doug Higgins(pty:pla), Attorney Ann E Menasche added to party Suzonne Keith(pty:pla), Attorney Ann E Menasche added to party David Wilson(pty:pla)(acc). (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
10

WAIVER OF SERVICE Returned Executed by Benjamin Hernandez, Valerie Grischy, David Wilson, Michael Bloom, Doug Higgins, Stephen Chatzky, Penny Helms, Suzonne Keith, Tony Diaz, as to All Defendants. (Biegler, Geoffrey) (acc). (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
11

Joint MOTION for Extension of Time to File Answer to Plaintiffs' Complaint by David Alvarez, Barbara Bry, Chris Cate, City of San Diego, Myrtle Cole, Kevin Faulconer, Georgette Gomez, Mark Kersey, San Diego Police Department, Scott Sherman, Chris Ward, Lori Zapf, Shelley Zimmerman. (Attachments: # 1 Declaration, # 2 Proof of Service)(Steinman, Kathy)Attorney Kathy J Steinman added to party David Alvarez(pty:dft), Attorney Kathy J Steinman added to party Barbara Bry(pty:dft), Attorney Kathy J Steinman added to party Chris Cate(pty:dft), Attorney Kathy J Steinman added to party City of San Diego(pty:dft), Attorney Kathy J Steinman added to party Myrtle Cole(pty:dft), Attorney Kathy J Steinman added to party Kevin Faulconer(pty:dft), Attorney Kathy J Steinman added to party Georgette Gomez(pty:dft), Attorney Kathy J Steinman added to party Mark Kersey(pty:dft), Attorney Kathy J Steinman added to party San Diego Police Department(pty:dft), Attorney Kathy J Steinman added to party Scott Sherman(pty:dft), Attorney Kathy J Steinman added to party Chris Ward(pty:dft), Attorney Kathy J Steinman added to party Lori Zapf(pty:dft), Attorney Kathy J Steinman added to party Shelley Zimmerman(pty:dft) (acc) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
13

ORDER granting 11 Joint Motion for Extension of Time to Answer. City of San Diego answer due 2/16/2018. Signed by Judge Anthony J. Battaglia on 1/12/2018. (acc) (Entered: 01/16/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
12

ORDER (AJB): The Court grants 11 Motion for Extension of Time to Answer. Defendants must respond to plaintiffs' complaint by 2/16/2018. (no document attached) (ela) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER

Order on Motion for Extension of Time to Answer

Jan. 16, 2018

Jan. 16, 2018

PACER
14

AMENDED COMPLAINT with Jury Demand against City of San Diego, filed by Benjamin Hernandez, Valerie Grischy, David Wilson, Michael Bloom, Doug Higgins, Stephen Chatzky, Penny Helms, Suzonne Keith, Tony Diaz, Anna Stark, Gerald Stark. (Biegler, Geoffrey)(acc). (Entered: 02/14/2018)

Feb. 14, 2018

Feb. 14, 2018

Clearinghouse
15

MOTION to Dismiss for Failure to State a Claim by City of San Diego. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit, # 4 Exhibit, # 5 Proof of Service)(Steinman, Kathy)(acc). (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

Clearinghouse
16

***STRICKEN per order 18 ***NOTICE of Unavailability by City of San Diego (Attachments: # 1 Proof of Service)(Steinman, Kathy)(acc). (Main Document 16 replaced on 3/5/2018) (acc). (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
17

ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re 15 MOTION to Dismiss for Failure to State a Claim : Responses due by 3/14/2018; Replies due by 3/21/2018; sur-replies will not be accepted. Motion hearing scheduled for 5/3/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER

Order Setting Briefing Schedule

Feb. 28, 2018

Feb. 28, 2018

PACER
18

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re 16 Notice (Other), from Defendant City of San Diego. Non-compliance with local rule(s), No provision for acceptance. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Anthony J. Battaglia on 3/5/2018.(acc) (Additional attachment(s) added on 3/5/2018: # 1 Rejected Document) (acc). (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
19

RESPONSE in Opposition re 15 MOTION to Dismiss for Failure to State a Claim filed by Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson. (Biegler, Geoffrey) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
20

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-11036097.)(Application to be reviewed by Clerk.) (Foscarinis, Maria)(jrd) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
21

PRO HAC APPROVED: Maria Foscarinis appearing for Plaintiffs Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson (no document attached) (jrd) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER
22

REPLY to Response to Motion re 15 MOTION to Dismiss for Failure to State a Claim filed by City of San Diego. (Attachments: # 1 Proof of Service)(Steinman, Kathy) (acc). (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER

Pro Hac Vice Approved - Clerk

March 21, 2018

March 21, 2018

PACER
23

NOTICE of Hearing on Motion 15 MOTION to Dismiss for Failure to State a Claim : Due to a conflict in the Court's trial calendar, the Motion Hearing is hereby continued to 5/10/2018 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (no document attached) (sc) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
24

NOTICE of Appearance by Stuart J. Seaborn on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson (Seaborn, Stuart) (acc). (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
25

NOTICE of Appearance by Anthony Christian Abasto on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson (Abasto, Anthony)(acc). (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
26

MOTION for Preliminary Injunction by Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson. (Attachments: # 1 Memo of Points and Authorities ISO Motion for PI, # 2 Declaration of Biegler and Exs A-X ISO Mot for PI, # 3 Declaration of Lipson and Exs A-F ISO Motion for PI, # 4 Declaration of Beck and Ex A ISO Motion for PI, # 5 Declaration of Diaz and Exs A-F ISO Motion for PI, # 6 Declaration of Chatzky and Exs A-D ISO Motion for PI, # 7 Declaration of Cathey ISO Motion for PI, # 8 Declaration of Greene ISO Motion for PI, # 9 Declaration of Hernandez ISO Motion for PI, # 10 Declaration of Keith ISO Motion for PI, # 11 Declaration of McConnell ISO Motion for PI, # 12 Declaration of Higgins ISO Motion for PI, # 13 Declaration of Phillips ISO Motion for PI, # 14 Declaration of Stark ISO Motion for PI, # 15 Declaration of Wilson ISO Motion for PI)(Biegler, Geoffrey) (acc). (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
27

NOTICE of Lodgment by Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson re 26 MOTION for Preliminary Injunction Re Non-Electronic Exhibit (Biegler, Geoffrey) (acc). (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
28

ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re 26 MOTION for Preliminary Injunction : Responses due by 5/14/2018; Replies due by 5/21/2018; sur-replies will not be accepted. Motion hearing scheduled for 7/26/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
29

Joint MOTION to Continue Hearing Date on City of San Diego's Motion to Dismiss by City of San Diego. (Attachments: # 1 Declaration, # 2 Proof of Service)(Steinman, Kathy)(acc). (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
30

ORDER granting 29 Joint Motion to Continue Hearing Date re 15 Motion to Dismiss. Motion Hearing reset to 5/31/2018 02:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 5/2/2018. (acc) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
31

RESPONSE in Opposition re 26 MOTION for Preliminary Injunction filed by City of San Diego. (Attachments: # 1 Declaration, # 2 List of Evidence, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Request for Judicial Notice, # 10 Proof of Service)(Steinman, Kathy)(acc). (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
32

REPLY to Response to Motion re 26 MOTION for Preliminary Injunction filed by Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson. (Attachments: # 1 Declaration of Biegler ISO Reply ISO Mot for PI, # 2 Exhibit Y to Decl of Biegler ISO Reply ISO Mot for PI, # 3 Exhibit Z to Decl of Biegler ISO Reply ISO Mot for PI, # 4 Exhibit AA to Decl of Biegler ISO Reply ISO Mot for PI)(Biegler, Geoffrey) (acc). (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
33

NOTICE of Hearing on Motion (TIME CHANGE ONLY) 15 MOTION to Dismiss for Failure to State a Claim : Due to the Court's calendar, the Motion Hearing set for 5/31/2018 is continued from 2:00 p.m. to 3:00 p.m., on the same day. (no document attached) (sc) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
34

Minute Order for proceedings held before Judge Anthony J. Battaglia: Motion Hearing held on 5/31/2018 re [15-1] MOTION to Dismiss for Failure to State a Claim filed by City of San Diego ; Court takes matter under submission, Submitting [15-1] Motion to Dismiss for Failure to State a Claim. Court will issue order with ruling. (Court Reporter/ECR Jeannette Hill). (Plaintiff Attorney Nancy L. Ly, Ann E. Menasche).(Defendant Attorney Kathy J. Steinman). (no document attached) (ymm) (Entered: 06/01/2018)

May 31, 2018

May 31, 2018

PACER
35

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 5/31/2018, before Judge Anthony J. Battaglia. Court Reporter/Transcriber: Jeannette N. Hill. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/27/2018. Redacted Transcript Deadline set for 7/9/2018. Release of Transcript Restriction set for 9/4/2018. (akr) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

RECAP
36

ORDER Denying Defendants' 15 Motion to Dismiss. Signed by Judge Anthony J. Battaglia on 6/7/2018. (mpl) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
37

Joint MOTION for Extension of Time to File Answer re 1 Complaint, by City of San Diego. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Proof of Service)(Steinman, Kathy) (anh). (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
38

ORDER granting 37 Motion for Extension of Time to Answer: The City Defendants must respond to Plaintiffs First Amended Complaint on or before July 16, 2018. (no document attached) (ela) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
39

NOTICE of Appearance by Marni Lynn Von Wilpert on behalf of City of San Diego (Attachments: # 1 Proof of Service)(Von Wilpert, Marni)Attorney Marni Lynn Von Wilpert added to party City of San Diego(pty:dft)QC re: missing cert of service(acc). (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
40

SUPPLEMENTAL DOCUMENT by City of San Diego re 39 Notice of Appearance, Proof of Service. (Von Wilpert, Marni) (acc). (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
41

ANSWER to 14 Amended Complaint, by City of San Diego. (Attachments: # 1 Proof of Service)(Steinman, Kathy) (acc). (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
42

NOTICE AND ORDER for Early Neutral Evaluation Conference. Telephonic counsel-only Early Neutral Evaluation set for 8/23/2018 02:30 PM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 7/17/2018.(acc) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
43

Minute Order for proceedings held before Judge Anthony J. Battaglia: Motion Hearing held on 7/26/2018 re 26 MOTION for Preliminary Injunction filed by Anna Stark, Gerald Stark, Stephen Chatzky, Valerie Grischy, Suzonne Keith, David Wilson, Tony Diaz, Michael Bloom, Doug Higgins, Benjamin Hernandez, Penny Helms. Court takes matter under submission, Submitting [26-1] Motion for Preliminary Injunction. Court will issue order. (Court Reporter/ECR Juliet Eichenlaub). (Plaintiff Attorney Georffrey Donovan Biegler, Scott Dreher, Ryan L. Frei, Ann E. Menasche).(Defendant Attorney Kathy J. Steinman). (no document attached) (ymm) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
44

ORDER granting in part and denying in part 26 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Anthony J. Battaglia on 8/21/2018. (acc) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
45

Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Early Neutral Evaluation Conference held on 8/23/2018. Scheduling order for class certification to issue. (Plaintiff Attorney Geoff Biegler, Ann Menasche, Nancy Ly, Robert Dreher,). (Defendant Attorney Marni Von Wilpert, Kathy Steinman,). (no document attached) (bm1) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
46

SCHEDULING ORDER Regulating Discovery and Class Certification Motion Filing Deadline. Signed by Magistrate Judge Nita L. Stormes on 8/23/2018.(acc) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
47

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 7/26/2018 before Judge Anthony J. Battaglia. Court Reporter/Transcriber: Juliet Y. Eichenlaub. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/26/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/4/2018. (akr) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
48

MINUTE ORDER: The court hereby sets an in-person, attorneys only Settlement Conference for 10/15/2018 at 02:30 PM before Magistrate Judge Nita L. Stormes. The conference will be held in Chambers, 333 W. Broadway, Suite 1210. Signed by Magistrate Judge Nita L. Stormes on 9/14/18.(no document attached) (bm1) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
49

STATUS REPORT Defendant City of San Diego's Report on Preliminary Injunction of San Diego Municipal Code section 86.0137(f) by City of San Diego. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proof of Service)(Von Wilpert, Marni) (acc). (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
50

SUPPLEMENTAL DOCUMENT by City of San Diego re 49 Status Report on Preliminary Injunction of San Diego Municipal Code Section 86.0137(f). (Attachments: # 1 Exhibit 1, # 2 Proof of Service)(Von Wilpert, Marni). Modified on 10/4/2018 - Removed duplicate text (jah). (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
51

Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Settlement Conference held on 10/15/2018. Parties are to contact Chambers regarding a further conference in December. (Plaintiff Attorney Ana Menasche, Geoff Biegler). (Defendant Attorney Marni Von Wilpert, Michelle Garland, Keely Halsey, Dave Abad). (no document attached) (bm1) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
52

MINUTE ORDER setting further, counsel only, telephonic Settlement Conference for 12/14/2018 at 10:30 AM before Magistrate Judge Nita L. Stormes. Plaintiffs' counsel must arrange the call to Chambers. The parties are to file a Joint Status Report by Tuesday, 12/11/2018. Signed by Magistrate Judge Nita L. Stormes on 10/17/18.(no document attached) (bm1) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
53

MOTION to Withdraw as Attorney and Request for Termination of Electronic Notices by Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, David Wilson. (Frei, Ryan) (acc). (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
54

ORDER OF TRANSFER. Magistrate Judge Nita L. Stormes is no longer assigned. Case reassigned to Magistrate Judge Michael S. Berg for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 17cv2324-AJB-MSB. Signed by Magistrate Judge Nita L. Stormes on 11/6/2018.(acc) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
55

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Settlement Conference held on 12/14/2018. Order to follow. (Plaintiff Attorney Ann E. Menasche; Robert S. Dreher; Nancy L. Ly). (Defendant Attorney Marni Von Wilpert). (no document attached) (jxb) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
56

ORDER: Telephonic, attorneys-only Status Conference set for 12/20/2018 10:00 AM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 12/14/2018.(acc) (Entered: 12/17/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
57

MOTION Defendant City of San Diego's Unopposed Motion for Leave to Take Additional Depositions Pursuant to Rule 30(a)(2) by City of San Diego. (Attachments: # 1 Proof of Service)(Von Wilpert, Marni) (acc). (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
58

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Status Conference re: scheduling settlement conference held on 12/20/2018. Order to follow. (Plaintiff Attorney Nancy L. Ly; Ann E. Menasche; Robert S. Dreher). (Defendant Attorney Marni Von Wilpert). (no document attached) (jxb) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
59

ORDER Granting 57 Motion Defendant City of San Diego's Unopposed Motion for Leave to Take Additional Depositions Pursuant to Rule 30(a)(2). Signed by Magistrate Judge Michael S. Berg on 12/20/2018. (acc) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
60

ORDER. Telephonic attorneys-only Case Management Conference set for 2/1/2019 01:30 PM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 12/20/2018.(acc) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
61

ORDER Setting In-Person Settlement Conference. Settlement Conference set for 3/6/2019 01:30 PM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 1/14/2019.(acc) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER
62

Joint MOTION to Continue the Deadlines for (1) Completion of Class Certification Discovery and (2) Filing of the Motion for Class Certification by Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson. (Biegler, Geoffrey) (acc). (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
63

ORDER Continuing the Deadlines for (1) Completion of Class Certification Discovery and (2) Filing of Plaintiffs' Motion for Class Certification. Signed by Judge Anthony J. Battaglia on 1/29/2019. (acc) (Entered: 01/30/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
64

Joint MOTION for Protective Order (Stipulated) by Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson. (Attachments: # 1 Exhibit 1 - Proposed Stipulated Protective Order)(Biegler, Geoffrey) (acc). (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER
65

ORDER Granting 64 Joint Motion for Protective Order. Signed by Magistrate Judge Michael S. Berg on 2/15/2019. (acc) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
66

NOTICE of Appearance by Benjamin T. Conway on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson (Conway, Benjamin)Attorney Benjamin T. Conway added to party Michael Bloom(pty:pla), Attorney Benjamin T. Conway added to party Stephen Chatzky(pty:pla), Attorney Benjamin T. Conway added to party Tony Diaz(pty:pla), Attorney Benjamin T. Conway added to party Valerie Grischy(pty:pla), Attorney Benjamin T. Conway added to party Penny Helms(pty:pla), Attorney Benjamin T. Conway added to party Benjamin Hernandez(pty:pla), Attorney Benjamin T. Conway added to party Doug Higgins(pty:pla), Attorney Benjamin T. Conway added to party Suzonne Keith(pty:pla), Attorney Benjamin T. Conway added to party Anna Stark(pty:pla), Attorney Benjamin T. Conway added to party Gerald Stark(pty:pla), Attorney Benjamin T. Conway added to party David Wilson(pty:pla) (acc). (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
67

MOTION to Withdraw as Counsel of Record of Robert M. Yeh by Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson (Biegler, Geoffrey) Modified on 2/28/2019 to correct event type(acc). (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER
68

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Settlement Conference held on 3/6/2019. Case did not settle. Order to follow. (Plaintiff Attorneys Manfred Muecke; Nancy Ly; Madelyn McCormick; Ann E. Menasche). (Defendant Attorneys Mara Elliott; Marni von Wilpert). (no document attached) (jxb) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
69

ORDER After In-Person Settlement Conference. Signed by Magistrate Judge Michael S. Berg on 3/7/2019.(acc) (Entered: 03/08/2019)

March 7, 2019

March 7, 2019

PACER

Settlement Conference

March 7, 2019

March 7, 2019

PACER
70

ORDER Setting In-Person Settlement Conference. Settlement Conference set for 6/26/2019 09:30 AM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 3/12/2019.(acc) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
71

Joint MOTION to Amend/Correct 70 Set Deadlines/Hearings Joint Stipulation to Amend the Court's March 12, 2019 Order Setting In-Person Settlement Conference by City of San Diego. (Attachments: # 1 Proof of Service)(Von Wilpert, Marni) (ag). (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
72

AMENDED ORDER Setting In-Person Settlement Conference: Settlement Conference reset for 6/26/2019 09:30 AM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 3/19/2019. (acc) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
73

Notice of Document Discrepancies and Order Thereon by Magistrate Judge Michael S. Berg Rejecting Document: Letter. Non-compliance with local rule(s), OTHER: LR 5.1(h) Filer not a party to the case. Signed by Magistrate Judge Michael S. Berg on 6/4/2019.(acc) (Additional attachment(s) added on 6/6/2019: # 1 Rejected Document) (acc). (Entered: 06/06/2019)

June 5, 2019

June 5, 2019

PACER
74

ORDER Setting Separate Attorneys-Only Telephonic Status Conferences with Each Party. The Court SETS the call with Plaintiffs' counsel on 6/24/2019, at 10:00 a.m. The Court SETS the call with Defendants' counsel on6/25/2019, at 10:30 a.m. Signed by Magistrate Judge Michael S. Berg on 6/19/2019.(acc) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
75

NOTICE of Appearance by Madelyn S. McCormick on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson (McCormick, Madelyn)Attorney Madelyn S. McCormick added to party Michael Bloom(pty:pla), Attorney Madelyn S. McCormick added to party Stephen Chatzky(pty:pla), Attorney Madelyn S. McCormick added to party Tony Diaz(pty:pla), Attorney Madelyn S. McCormick added to party Valerie Grischy(pty:pla), Attorney Madelyn S. McCormick added to party Penny Helms(pty:pla), Attorney Madelyn S. McCormick added to party Benjamin Hernandez(pty:pla), Attorney Madelyn S. McCormick added to party Doug Higgins(pty:pla), Attorney Madelyn S. McCormick added to party Suzonne Keith(pty:pla), Attorney Madelyn S. McCormick added to party Anna Stark(pty:pla), Attorney Madelyn S. McCormick added to party Gerald Stark(pty:pla), Attorney Madelyn S. McCormick added to party David Wilson(pty:pla) (acc). (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
76

ORDER granting 67 Counsel's Motion to Withdraw as Attorney of Record. The Court ORDERS the Court Clerk to remove Mr. Yehs name from the case docket, terminate all delivery of Electronic Filing Notices to his email, and have his name removed from any applicable service lists. Signed by Judge Anthony J. Battaglia on 6/24/2019. (jrm) (jao). (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

RECAP
77

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Ex parte, telephonic, attorneys-only status conference with Plaintiffs' counsel re: Settlement held on 6/24/2019. (Plaintiff Attorneys Ann Menasche; Geoff Biegler; Manfred Muecke). (Trista Baumann).(no document attached) (jxb) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER

Status Conference

June 24, 2019

June 24, 2019

PACER
78

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Telephonic, attorneys-only Status Conference re settlement held on 6/25/2019.(Defendant Attorney Marni Von Wilpert). (no document attached) (jxb) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
79

Ex Parte MOTION to Excuse Appearance of Certain Named Plaintiffs at Settlement Conference, by Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson. (Attachments: # 1 Declaration)(Menasche, Ann)Attorney Ann E Menasche added to party Anna Stark(pty:pla), Attorney Ann E Menasche added to party Gerald Stark(pty:pla) (acc). (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
80

ORDER Granting 79 Ex Parte Motion to Excuse Certain Named Plaintiffs From Settlement Conference. Plaintiffs Higgins, Helms, and Diaz are excused from personally appearing at the 6/26/2019 Settlement Conference. Signed by Magistrate Judge Michael S. Berg on 6/25/2019. (acc) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER

Status Conference

June 25, 2019

June 25, 2019

PACER
81

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Settlement Conference held on 6/26/2019. Order to follow. (Plaintiff Attorneys Nancy Ly; Ann Menasche; Manfred Muecke). (Defendant Attorneys Marni Von Wilpert; Mary Nuesce). (Tristia Baumann).(no document attached) (jxb) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

PACER
82

ORDER Setting In-Person Settlement Conference. Settlement Conference set for 8/26/2019 09:30 AM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 6/26/2019.(acc) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
83

ORDER Amending Order Setting In-Person Settlement Conference. Signed by Magistrate Judge Michael S. Berg on 6/27/2019.(acc) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER

Settlement Conference

June 27, 2019

June 27, 2019

PACER
84

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Settlement Conference held on 8/26/2019. The case did not settle. Order to follow. (Plaintiff Attorneys Madelyn McCormick; Scott Dreher; Ann Menasche). (Defendant Attorneys Marni Von Wilpert; Mary Nuesce; Heather Ferbert; Michelle Garland). (no document attached) (jxb) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

PACER

Settlement Conference

Aug. 26, 2019

Aug. 26, 2019

PACER
85

ORDER Setting Case Management Conference. Telephonic, attorneys-only Case Management Conference set for 9/13/2019 03:30 PM before Magistrate Judge Michael S. Berg. Joint Discovery Plan due 9/11/2019. Signed by Magistrate Judge Michael S. Berg on 8/28/2019.(jrm) (jao). (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
86

Joint MOTION to Amend/Correct 46 Scheduling Order, 63 Order on Motion to Continue Re: 1) Completion of Class Certification Discovery and (2) Filing of the Motion for Class Certification; and Order Thereon by Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson. (Biegler, Geoffrey) QC mailer set re incorrect submission of proposed order(jrm). (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
87

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Case Management Conference held on 9/13/2019. Order to follow. (Plaintiff Attorneys Ann E. Menasche; Robert S. Dreher; Nancy L. Ly). (Defendant Attorney Marni Von Wilpert). (no document attached) (jxb) (Entered: 09/17/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
88

ORDER granting Joint Motion to Amend Scheduling Order and Second Amended Scheduling Order. Signed by Magistrate Judge Michael S. Berg on 9/17/2019. (jrm) (jao). (Entered: 09/20/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER

Case Management Conference

Sept. 17, 2019

Sept. 17, 2019

PACER
89

NOTICE of Change of Address by Ann E Menasche (Menasche, Ann) (jrm). (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
90

NOTICE of Appearance by Nichole Marie Mendoza on behalf of Michael Bloom, Stephen Chatzky, Tony Diaz, Valerie Grischy, Penny Helms, Benjamin Hernandez, Doug Higgins, Suzonne Keith, Anna Stark, Gerald Stark, David Wilson (Mendoza, Nichole)Attorney Nichole Marie Mendoza added to party Michael Bloom(pty:pla), Attorney Nichole Marie Mendoza added to party Stephen Chatzky(pty:pla), Attorney Nichole Marie Mendoza added to party Tony Diaz(pty:pla), Attorney Nichole Marie Mendoza added to party Valerie Grischy(pty:pla), Attorney Nichole Marie Mendoza added to party Penny Helms(pty:pla), Attorney Nichole Marie Mendoza added to party Benjamin Hernandez(pty:pla), Attorney Nichole Marie Mendoza added to party Doug Higgins(pty:pla), Attorney Nichole Marie Mendoza added to party Suzonne Keith(pty:pla), Attorney Nichole Marie Mendoza added to party Anna Stark(pty:pla), Attorney Nichole Marie Mendoza added to party Gerald Stark(pty:pla), Attorney Nichole Marie Mendoza added to party David Wilson(pty:pla) (jrm). (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
91

Joint MOTION to Certify Class Joint Motion to Adjust Class Certification Motion Filing Date by City of San Diego. (Attachments: # 1 Proof of Service)(Von Wilpert, Marni) (jrm). (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

RECAP

Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Disability Rights

Key Dates

Filing Date: Nov. 15, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are "all homeless persons who have been cited and/or subject to citation by the City of San Diego pursuant to San Diego Muni. Code §§ 86.0137(f);San Diego Muni. Code § 86.0139(a); and/or are at risk of arrest for illegal lodging."

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The City of San Diego, City

San Diego Police Department, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Right to travel

Due Process: Substantive Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Housing

Poverty/homelessness

Disability and Disability Rights:

Disability, unspecified

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)