Case: Comite de Jornaleros de Redondo Beach v. City of Redondo Beach

2:04-cv-09396 | U.S. District Court for the Central District of California

Filed Date: Nov. 16, 2004

Closed Date: April 25, 2012

Clearinghouse coding complete

Case Summary

On November 16, 2004, two day laborers organizations filed this lawsuit in the United States District Court for the Central District of California under 28 U.S.C. §§ 1331, 1343(a), and 2201, as well as 42 U.S.C. § 1983, against the City of Redondo Beach, California. Plaintiffs claimed that the City violated the First Amendment rights of day laborers by enforcing an ordinance making it unlawful to stand on the sidewalk and solicit “employment, business, or contributions from an occupant of any m…

On November 16, 2004, two day laborers organizations filed this lawsuit in the United States District Court for the Central District of California under 28 U.S.C. §§ 1331, 1343(a), and 2201, as well as 42 U.S.C. § 1983, against the City of Redondo Beach, California. Plaintiffs claimed that the City violated the First Amendment rights of day laborers by enforcing an ordinance making it unlawful to stand on the sidewalk and solicit “employment, business, or contributions from an occupant of any motor vehicle.”

Represented by the Mexican American Legal Defense and Educational Fund (MALDEF) and the Lawyers’ Committee for Civil Rights in San Francisco (Lawyers’ Committee), the plaintiffs sought: (1) a temporary restraining order and permanent injunction against the enforcement of Redondo Beach Municipal Code section 3-7.1601; (2) that the same Code section be declared null and void as unconstitutional in violation of the First and Fourteenth Amendments of the United States Constitution; (3) that any and all fines, penalties, or records of infractions of the same Code section be rescinded or removed, and restitution provided; (4) all reasonable attorney fees, costs, and expenses of litigation; and (5) all other relief as the Court would deem just and proper. The case was assigned to Judge Consuelo B. Marshall and later assigned to Judge Patrick J. Walsh.

On December 6, 2004, the Court granted plaintiffs’ application for a temporary restraining order and ordered the City to show cause as to why it should not be restrained and enjoined from undertaking any steps to enforce Section 3-7.1601 of the Redondo Beach Municipal Code during the course of the trial.

On December 15, 2004, following a Show Cause hearing on December 13, the Court granted a preliminary injunction, noting that “every day that the Redondo Beach ordinance is in effect, day laborers face possible arrest, fines, diminishing employment opportunities, and loss of livelihood to support themselves and their families.”

On January 18, 2005, the defendant appealed the preliminary injunction to the United States Court of Appeals for the Ninth Circuit. On June 2, 2005, the Ninth Circuit affirmed the preliminary injunction ordered by the District Court.

On April 27, 2006, the Court granted plaintiffs’ motion for summary judgment and denied the defendant’s motion for summary judgment, striking down the ordinance. 475 F.Supp.2d 952. The court held that although the ordinance was content-neutral, it was unconstitutional as an impermissible time, place, and manner restriction on the free speech right of day laborers to solicit employment in the City of Redondo Beach. 

The City then filed an appeal to the United States Court of Appeals for the Ninth Circuit. Oral argument was held before a three-judge panel on May 9, 2008. On June 9, 2010, the Ninth Circuit reversed the District Court’s ruling, holding that the ordinance was content neutral, narrowly tailored to serve the defendant city’s significant interests, and left open alternative avenues of communication. 607 F.3d 1178.

Plaintiffs then petitioned the Ninth Circuit for an en banc review of the three judge panel’s reversal of the district court. On September 16, 2011, an en banc panel of the Ninth Circuit found 9-2 in favor of the plaintiffs and declared the ordinance an impermissible time, place, and manner restriction under the First Amendment, focusing particularly on the overinclusive language of the ordinance that did not satisfy the narrowly tailored requirement of the First Amendment. 657 F.3d 936.

On December 15, 2011, the City filed a petition for certiorari with the United States Supreme Court, seeking to appeal the Ninth Circuit’s en banc ruling. 2011 WL 6370538. That petition was denied on February 21, 2012. 565 U.S. 1200.

Subsequently, both parties filed various motions regarding attorneys fees. Ultimately the parties reached a confidential out-of-court settlement agreement as to fees and withdrew their pending motions.

This case is now closed and no further docket activity has occurred since April 2012.

Summary Authors

Alex DiLalla (4/18/2024)

Related Cases

Comite De Jornaleros De Rancho Cucamonga Y Upland v. City of Cucamonga & City of Upland, Central District of California (2002)

Comite De Jornaleros De Glendale v. City of Glendale, Central District of California (2004)

Documents in the Clearinghouse

Document
17

2:04-cv-09396

Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction

Dec. 6, 2004

Dec. 6, 2004

Order/Opinion
25

2:04-cv-09396

Findings of Fact and Conclusions of Law

Dec. 15, 2004

Dec. 15, 2004

Order/Opinion
42

2:04-cv-09396

Judgment

U.S. Court of Appeals for the Ninth Circuit

June 2, 2005

June 2, 2005

Other

2:04-cv-09396

Opinion

U.S. Court of Appeals for the Ninth Circuit

June 9, 2010

June 9, 2010

Order/Opinion

607 F.3d 607

2:04-cv-09396

Opinion

U.S. Court of Appeals for the Ninth Circuit

Sept. 16, 2011

Sept. 16, 2011

Order/Opinion

657 F.3d 657

11-00760

Petition for a Writ of Certiorari

Supreme Court of the United States

Dec. 25, 2022

Dec. 25, 2022

Pleading / Motion / Brief

2011 WL 2011

2:04-cv-09396

Complaint for Injunctive and Declaratory Relief

April 24, 2024

April 24, 2024

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4143106/comite-de-jornaleros-de-redondo-beach-v-redondo-beach-city-of/

Last updated April 18, 2024, 2:06 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant Redondo Beach City of. (Filing fee $150.) filed by plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network.(jag, ) (Entered: 11/19/2004)

Nov. 16, 2004

Nov. 16, 2004

PACER
1

COMPLAINT against defendant Redondo Beach City of. (Filing fee $150.) filed by plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network.(jag, ) (Entered: 11/19/2004)

Nov. 16, 2004

Nov. 16, 2004

PACER
1

COMPLAINT against defendant Redondo Beach City of. (Filing fee $150.) filed by plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network.(jag, ) (Entered: 11/19/2004)

Nov. 16, 2004

Nov. 16, 2004

PACER

FAX number for Attorney Belinda Anne Escobosa, Thomas A Saenz, Shaheena Ahmad Simons is 213-629-0266. (jag, )

Nov. 16, 2004

Nov. 16, 2004

PACER

FAX number for Attorney Belinda Anne Escobosa, Thomas A Saenz, Shaheena Ahmad Simons is 213-629-0266. (jag, )

Nov. 16, 2004

Nov. 16, 2004

PACER

FAX number for Attorney Belinda Anne Escobosa, Thomas A Saenz, Shaheena Ahmad Simons is 213-629-0266. (jag, )

Nov. 16, 2004

Nov. 16, 2004

PACER

20-Day Summons Issued re Complaint - (Discovery) 1 as to Redondo Beach City of. (jag, )

Nov. 16, 2004

Nov. 16, 2004

PACER

20-Day Summons Issued re Complaint - (Discovery) 1 as to Redondo Beach City of. (jag, )

Nov. 16, 2004

Nov. 16, 2004

PACER

20-Day Summons Issued re Complaint - (Discovery) 1 as to Redondo Beach City of. (jag, )

Nov. 16, 2004

Nov. 16, 2004

PACER
2

CERTIFICATION and NOTICE of Interested Parties filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (jag, ) (Entered: 11/19/2004)

Nov. 16, 2004

Nov. 16, 2004

PACER
2

CERTIFICATION and NOTICE of Interested Parties filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (jag, ) (Entered: 11/19/2004)

Nov. 16, 2004

Nov. 16, 2004

PACER
2

CERTIFICATION and NOTICE of Interested Parties filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (jag, ) (Entered: 11/19/2004)

Nov. 16, 2004

Nov. 16, 2004

PACER
5

STANDING ORDER by Judge Consuelo B. Marshall. Read This Order Carefully. It Controls The Procedures Used In This Case.(bg, ) (Entered: 11/23/2004)

Nov. 16, 2004

Nov. 16, 2004

PACER
5

STANDING ORDER by Judge Consuelo B. Marshall. Read This Order Carefully. It Controls The Procedures Used In This Case.(bg, ) (Entered: 11/23/2004)

Nov. 16, 2004

Nov. 16, 2004

PACER
5

STANDING ORDER by Judge Consuelo B. Marshall. Read This Order Carefully. It Controls The Procedures Used In This Case.(bg, ) (Entered: 11/23/2004)

Nov. 16, 2004

Nov. 16, 2004

PACER
4

PROOF OF SERVICE Executed by plaintiff Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network, upon Redondo Beach City of served on 11/17/2004, answer due 12/7/2004. The Summons and Complaint were served by personal service, by FRCP statute, upon Jerold A Goddard, City Attorney. Due Dilligence declaration not attached. Original Summons not returned. (bg, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
4

PROOF OF SERVICE Executed by plaintiff Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network, upon Redondo Beach City of served on 11/17/2004, answer due 12/7/2004. The Summons and Complaint were served by personal service, by FRCP statute, upon Jerold A Goddard, City Attorney. Due Dilligence declaration not attached. Original Summons not returned. (bg, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
4

PROOF OF SERVICE Executed by plaintiff Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network, upon Redondo Beach City of served on 11/17/2004, answer due 12/7/2004. The Summons and Complaint were served by personal service, by FRCP statute, upon Jerold A Goddard, City Attorney. Due Dilligence declaration not attached. Original Summons not returned. (bg, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
7

EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. Lodged proposed order. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
7

EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. Lodged proposed order. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
7

EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. Lodged proposed order. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
8

MEMORANDUM of points and authorities in Support of EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction 7 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
8

MEMORANDUM of points and authorities in Support of EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction 7 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
8

MEMORANDUM of points and authorities in Support of EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction 7 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
9

DECLARATION of Shaheena Ahmad Simons in support of EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction 7 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
9

DECLARATION of Shaheena Ahmad Simons in support of EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction 7 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
9

DECLARATION of Shaheena Ahmad Simons in support of EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction 7 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
10

DECLARATION of Chris Newman in support of EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction 7 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
10

DECLARATION of Chris Newman in support of EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction 7 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
10

DECLARATION of Chris Newman in support of EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction 7 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (shb, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
3

NOTICE of Interested Parties filed by Defendant Redondo Beach City of. (mch, ) (Entered: 11/22/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
3

NOTICE of Interested Parties filed by Defendant Redondo Beach City of. (mch, ) (Entered: 11/22/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
3

NOTICE of Interested Parties filed by Defendant Redondo Beach City of. (mch, ) (Entered: 11/22/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER

FAX number for Attorney Jerold A Goddard is 310-372-3886. (mch, )

Nov. 19, 2004

Nov. 19, 2004

PACER

FAX number for Attorney Jerold A Goddard is 310-372-3886. (mch, )

Nov. 19, 2004

Nov. 19, 2004

PACER

FAX number for Attorney Jerold A Goddard is 310-372-3886. (mch, )

Nov. 19, 2004

Nov. 19, 2004

PACER
6

NOTICE of Related Case(s) filed by Defendant Redondo Beach City of. Related Case(s): CV 04-3521 SJO (Ex) (rn, ) (Entered: 11/23/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
6

NOTICE of Related Case(s) filed by Defendant Redondo Beach City of. Related Case(s): CV 04-3521 SJO (Ex) (rn, ) (Entered: 11/23/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
6

NOTICE of Related Case(s) filed by Defendant Redondo Beach City of. Related Case(s): CV 04-3521 SJO (Ex) (rn, ) (Entered: 11/23/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
11

OPPOSITION TO DEFENDANTS Notice of Related Case(s) 6 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (mch, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
11

OPPOSITION TO DEFENDANTS Notice of Related Case(s) 6 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (mch, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
11

OPPOSITION TO DEFENDANTS Notice of Related Case(s) 6 filed by Plaintiffs Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (mch, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
12

MINUTES OF In Chambers Conference held before Judge Consuelo B. Marshall: On 11/18/04, Plaintiffs filed an Ex Parte Application for a Temporary Restraining Order and Order to Show Cause regarding Preliminary Injunciton. Upon consideration of the papers submitted, the Court requests supplemental briefing from Plaintiffs on the issue of whether the Redondo Beach Ordinance at issue in this case is content-neutral. Specifically, the Court requests that Plaintiffs distinguish the cases of United States v Kokinda and ACORN v City of Phoenix. Plaintiffs shall file their supplemental brief no later than 11/23/04 (cc: plaintiff/defendant (or parties))Court Reporter: not applicable. (rl, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
12

MINUTES OF In Chambers Conference held before Judge Consuelo B. Marshall: On 11/18/04, Plaintiffs filed an Ex Parte Application for a Temporary Restraining Order and Order to Show Cause regarding Preliminary Injunciton. Upon consideration of the papers submitted, the Court requests supplemental briefing from Plaintiffs on the issue of whether the Redondo Beach Ordinance at issue in this case is content-neutral. Specifically, the Court requests that Plaintiffs distinguish the cases of United States v Kokinda and ACORN v City of Phoenix. Plaintiffs shall file their supplemental brief no later than 11/23/04 (cc: plaintiff/defendant (or parties))Court Reporter: not applicable. (rl, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
12

MINUTES OF In Chambers Conference held before Judge Consuelo B. Marshall: On 11/18/04, Plaintiffs filed an Ex Parte Application for a Temporary Restraining Order and Order to Show Cause regarding Preliminary Injunciton. Upon consideration of the papers submitted, the Court requests supplemental briefing from Plaintiffs on the issue of whether the Redondo Beach Ordinance at issue in this case is content-neutral. Specifically, the Court requests that Plaintiffs distinguish the cases of United States v Kokinda and ACORN v City of Phoenix. Plaintiffs shall file their supplemental brief no later than 11/23/04 (cc: plaintiff/defendant (or parties))Court Reporter: not applicable. (rl, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
13

JOINT STIPULATION of the Parties regarding Plaintiff's Application for a Temporary Restraining Order and for a Briefing Schedule and [proposed] Order filed by Defendants Redondo Beach City of. (cc:plaintiff/defenant (or parties)) (See document for further details) (rl, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
13

JOINT STIPULATION of the Parties regarding Plaintiff's Application for a Temporary Restraining Order and for a Briefing Schedule and [proposed] Order filed by Defendants Redondo Beach City of. (cc:plaintiff/defenant (or parties)) (See document for further details) (rl, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
13

JOINT STIPULATION of the Parties regarding Plaintiff's Application for a Temporary Restraining Order and for a Briefing Schedule and [proposed] Order filed by Defendants Redondo Beach City of. (cc:plaintiff/defenant (or parties)) (See document for further details) (rl, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
14

ORDER by Judge Consuelo B. Marshall: IT IS SO ORDERED that this Joint Stipulation does not preclude the City of Redondo Beach from enforcing any other laws and/or Ordinances currently in effect, with the exception of Redondo Beach Municipal Code section 3-7.1601. The hearing regarind Plaintiffs' 7 EX PARTE APPLICATION for Temporary Restraining Order will be placed on calendar on 12/6/04 at 8:00pm or as soon thereafter as the Court may decide. Defendants will file and serve their objections to the Application for Temporary Restraining Order by 11/26/04 at 5:00pm and Plaintiffs wil file and serve their reply by 12/2/04 at 3:00pm. Service by mail and fax is acceptable by all parties (cc: plaintiff/defendant (or parties)) (rl, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
14

ORDER by Judge Consuelo B. Marshall: IT IS SO ORDERED that this Joint Stipulation does not preclude the City of Redondo Beach from enforcing any other laws and/or Ordinances currently in effect, with the exception of Redondo Beach Municipal Code section 3-7.1601. The hearing regarind Plaintiffs' 7 EX PARTE APPLICATION for Temporary Restraining Order will be placed on calendar on 12/6/04 at 8:00pm or as soon thereafter as the Court may decide. Defendants will file and serve their objections to the Application for Temporary Restraining Order by 11/26/04 at 5:00pm and Plaintiffs wil file and serve their reply by 12/2/04 at 3:00pm. Service by mail and fax is acceptable by all parties (cc: plaintiff/defendant (or parties)) (rl, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
14

ORDER by Judge Consuelo B. Marshall: IT IS SO ORDERED that this Joint Stipulation does not preclude the City of Redondo Beach from enforcing any other laws and/or Ordinances currently in effect, with the exception of Redondo Beach Municipal Code section 3-7.1601. The hearing regarind Plaintiffs' 7 EX PARTE APPLICATION for Temporary Restraining Order will be placed on calendar on 12/6/04 at 8:00pm or as soon thereafter as the Court may decide. Defendants will file and serve their objections to the Application for Temporary Restraining Order by 11/26/04 at 5:00pm and Plaintiffs wil file and serve their reply by 12/2/04 at 3:00pm. Service by mail and fax is acceptable by all parties (cc: plaintiff/defendant (or parties)) (rl, ) (Entered: 11/24/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
15

SUPPLEMENTAL BRIEF re content-neutrality, filed by Plaintiffs (mg, ) (Entered: 11/30/2004)

Nov. 23, 2004

Nov. 23, 2004

PACER
15

SUPPLEMENTAL BRIEF re content-neutrality, filed by Plaintiffs (mg, ) (Entered: 11/30/2004)

Nov. 23, 2004

Nov. 23, 2004

PACER
15

SUPPLEMENTAL BRIEF re content-neutrality, filed by Plaintiffs (mg, ) (Entered: 11/30/2004)

Nov. 23, 2004

Nov. 23, 2004

PACER
18

OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order 7 filed by Defendant Redondo Beach City of. (rl, ) (Entered: 12/07/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
18

OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order 7 filed by Defendant Redondo Beach City of. (rl, ) (Entered: 12/07/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
18

OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order 7 filed by Defendant Redondo Beach City of. (rl, ) (Entered: 12/07/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
16

REPLY Brief in support of application for a temporary restraining order and order to show cause re preliminary injunction, 13 filed by plaintiffs' Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (bp, ) (Entered: 12/06/2004)

Dec. 2, 2004

Dec. 2, 2004

PACER
16

REPLY Brief in support of application for a temporary restraining order and order to show cause re preliminary injunction, 13 filed by plaintiffs' Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (bp, ) (Entered: 12/06/2004)

Dec. 2, 2004

Dec. 2, 2004

PACER
16

REPLY Brief in support of application for a temporary restraining order and order to show cause re preliminary injunction, 13 filed by plaintiffs' Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. (bp, ) (Entered: 12/06/2004)

Dec. 2, 2004

Dec. 2, 2004

PACER
17

ORDER by Judge Consuelo B. Marshall granting EX PARTE APPLICATION for TEMPORARY RESTRAINING ORDER and Order to Show Cause re 7 PRELIMINARY INJUNCTION. Defendant City of Redondo Beach is Ordered to Show Cause on 12/13/2004 at 09:00 AM as to why it should not be restrained and enjoined pending trial of this action from undertaking any steps to enforce Section 3-7.1601 of the Redondo Beach Municipal Code. Any briefs in response to this Order to Show Cause shall be filed and served by overnight delivery on opposing counsel no later than 12/9/04 at 12:00 pm. Furthermore, pending hearing on Order to Show Cause, defendant City of Redondo Beach is restrained and enjoined. See document for further details. (mg, ) (Entered: 12/07/2004)

Dec. 6, 2004

Dec. 6, 2004

Clearinghouse
17

ORDER by Judge Consuelo B. Marshall granting EX PARTE APPLICATION for TEMPORARY RESTRAINING ORDER and Order to Show Cause re 7 PRELIMINARY INJUNCTION. Defendant City of Redondo Beach is Ordered to Show Cause on 12/13/2004 at 09:00 AM as to why it should not be restrained and enjoined pending trial of this action from undertaking any steps to enforce Section 3-7.1601 of the Redondo Beach Municipal Code. Any briefs in response to this Order to Show Cause shall be filed and served by overnight delivery on opposing counsel no later than 12/9/04 at 12:00 pm. Furthermore, pending hearing on Order to Show Cause, defendant City of Redondo Beach is restrained and enjoined. See document for further details. (mg, ) (Entered: 12/07/2004)

Dec. 6, 2004

Dec. 6, 2004

Clearinghouse
17

ORDER by Judge Consuelo B. Marshall granting EX PARTE APPLICATION for TEMPORARY RESTRAINING ORDER and Order to Show Cause re 7 PRELIMINARY INJUNCTION. Defendant City of Redondo Beach is Ordered to Show Cause on 12/13/2004 at 09:00 AM as to why it should not be restrained and enjoined pending trial of this action from undertaking any steps to enforce Section 3-7.1601 of the Redondo Beach Municipal Code. Any briefs in response to this Order to Show Cause shall be filed and served by overnight delivery on opposing counsel no later than 12/9/04 at 12:00 pm. Furthermore, pending hearing on Order to Show Cause, defendant City of Redondo Beach is restrained and enjoined. See document for further details. (mg, ) (Entered: 12/07/2004)

Dec. 6, 2004

Dec. 6, 2004

Clearinghouse
23

MINUTES by Judge Consuelo B. Marshall: Proceedings: Hearing on plaintiffs Motion for Temporary Restraining Order and/or preliminary injunction 7 . Court takes above motion under submission. Court Reporter: Leandra Amber. (mg, ) (Entered: 12/13/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
23

MINUTES by Judge Consuelo B. Marshall: Proceedings: Hearing on plaintiffs Motion for Temporary Restraining Order and/or preliminary injunction 7 . Court takes above motion under submission. Court Reporter: Leandra Amber. (mg, ) (Entered: 12/13/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
23

MINUTES by Judge Consuelo B. Marshall: Proceedings: Hearing on plaintiffs Motion for Temporary Restraining Order and/or preliminary injunction 7 . Court takes above motion under submission. Court Reporter: Leandra Amber. (mg, ) (Entered: 12/13/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER

PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 04-3531 SJO (Ex). (rn, )

Dec. 7, 2004

Dec. 7, 2004

PACER

PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 04-3531 SJO (Ex). (rn, )

Dec. 7, 2004

Dec. 7, 2004

PACER

PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 04-3531 SJO (Ex). (rn, )

Dec. 7, 2004

Dec. 7, 2004

PACER
19

CERTIFICATION of Interested Parties filed by Defendant Redondo Beach City of. (mg, ) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
19

CERTIFICATION of Interested Parties filed by Defendant Redondo Beach City of. (mg, ) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
19

CERTIFICATION of Interested Parties filed by Defendant Redondo Beach City of. (mg, ) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
20

ANSWER to Complaint - (Discovery) 1 with Jury Demand filed by defendant Redondo Beach City of.(mg, ) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
20

ANSWER to Complaint - (Discovery) 1 with Jury Demand filed by defendant Redondo Beach City of.(mg, ) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
20

ANSWER to Complaint - (Discovery) 1 with Jury Demand filed by defendant Redondo Beach City of.(mg, ) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
21

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 12/6/04 Court Reporter: Leandra Amber. (ghap, ) (Entered: 12/10/2004)

Dec. 8, 2004

Dec. 8, 2004

PACER
21

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 12/6/04 Court Reporter: Leandra Amber. (ghap, ) (Entered: 12/10/2004)

Dec. 8, 2004

Dec. 8, 2004

PACER
21

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 12/6/04 Court Reporter: Leandra Amber. (ghap, ) (Entered: 12/10/2004)

Dec. 8, 2004

Dec. 8, 2004

PACER
22

TRANSCRIPT filed for proceedings held on 12/6/04. Court Reporter: Leandra Amber. (ghap, ) (Entered: 12/10/2004)

Dec. 8, 2004

Dec. 8, 2004

PACER
22

TRANSCRIPT filed for proceedings held on 12/6/04. Court Reporter: Leandra Amber. (ghap, ) (Entered: 12/10/2004)

Dec. 8, 2004

Dec. 8, 2004

PACER
22

TRANSCRIPT filed for proceedings held on 12/6/04. Court Reporter: Leandra Amber. (ghap, ) (Entered: 12/10/2004)

Dec. 8, 2004

Dec. 8, 2004

PACER
24

BRIEF IN SUPPORT of Order to Show Cause Regarding Preliminary Injunction filed by Plaintiff Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. 17 . (yl, ) (Entered: 12/14/2004)

Dec. 9, 2004

Dec. 9, 2004

PACER
24

BRIEF IN SUPPORT of Order to Show Cause Regarding Preliminary Injunction filed by Plaintiff Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. 17 . (yl, ) (Entered: 12/14/2004)

Dec. 9, 2004

Dec. 9, 2004

PACER
24

BRIEF IN SUPPORT of Order to Show Cause Regarding Preliminary Injunction filed by Plaintiff Comite de Jornaleros de Redondo Beach, National Day Laborer Organizing Network. 17 . (yl, ) (Entered: 12/14/2004)

Dec. 9, 2004

Dec. 9, 2004

PACER
32

RESPONSE TO ORDER TO SHOW CAUSE Regarding Preliminary Injunction filed by Defendant Redondo Beach City ofto 17 (yl, ) (Entered: 12/28/2004)

Dec. 9, 2004

Dec. 9, 2004

PACER
32

RESPONSE TO ORDER TO SHOW CAUSE Regarding Preliminary Injunction filed by Defendant Redondo Beach City ofto 17 (yl, ) (Entered: 12/28/2004)

Dec. 9, 2004

Dec. 9, 2004

PACER
32

RESPONSE TO ORDER TO SHOW CAUSE Regarding Preliminary Injunction filed by Defendant Redondo Beach City ofto 17 (yl, ) (Entered: 12/28/2004)

Dec. 9, 2004

Dec. 9, 2004

PACER
27

OBJECTIONS to plaintiffs proposed findings of fact and conclusions of law filed by Defendant Redondo Beach City of. Lodged proposed P/I (mg, ) (Entered: 12/15/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
27

OBJECTIONS to plaintiffs proposed findings of fact and conclusions of law filed by Defendant Redondo Beach City of. Lodged proposed P/I (mg, ) (Entered: 12/15/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
27

OBJECTIONS to plaintiffs proposed findings of fact and conclusions of law filed by Defendant Redondo Beach City of. Lodged proposed P/I (mg, ) (Entered: 12/15/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
31

MINUTES held before Judge Consuelo B. Marshall: Proceedings: Further hearing on plaintiffs Motion for preliminary injunction. Granting EX PARTE APPLICATION for preliminary injunction 7 . Court Reporter: Leandra Amber. (mg, ) (Entered: 12/20/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
31

MINUTES held before Judge Consuelo B. Marshall: Proceedings: Further hearing on plaintiffs Motion for preliminary injunction. Granting EX PARTE APPLICATION for preliminary injunction 7 . Court Reporter: Leandra Amber. (mg, ) (Entered: 12/20/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
31

MINUTES held before Judge Consuelo B. Marshall: Proceedings: Further hearing on plaintiffs Motion for preliminary injunction. Granting EX PARTE APPLICATION for preliminary injunction 7 . Court Reporter: Leandra Amber. (mg, ) (Entered: 12/20/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
28

OBJECTIONS to Plaintiff's Proposed Preliminary Injunction 13 filed by Defendant Redondo Beach City of. (yl, ) (Entered: 12/16/2004)

Dec. 14, 2004

Dec. 14, 2004

PACER
28

OBJECTIONS to Plaintiff's Proposed Preliminary Injunction 13 filed by Defendant Redondo Beach City of. (yl, ) (Entered: 12/16/2004)

Dec. 14, 2004

Dec. 14, 2004

PACER
28

OBJECTIONS to Plaintiff's Proposed Preliminary Injunction 13 filed by Defendant Redondo Beach City of. (yl, ) (Entered: 12/16/2004)

Dec. 14, 2004

Dec. 14, 2004

PACER
25

FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Consuelo B. Marshall.(mg, ) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

Clearinghouse
25

FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Consuelo B. Marshall.(mg, ) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

Clearinghouse
25

FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Consuelo B. Marshall.(mg, ) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

Clearinghouse
26

PRELIMINARY INJUNCTION by Judge Consuelo B. Marshall (mg, ) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

PACER

Case Details

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Labor Rights

Key Dates

Filing Date: Nov. 16, 2004

Closing Date: April 25, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two day laborers organizations.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Redondo Beach, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Order Duration: 2004 - None

Issues

General/Misc.:

Racial profiling

Discrimination Basis:

Immigration status

Affected Language(s):

Spanish

Immigration/Border:

Employment

Undocumented immigrants - state and local regulation