Case: Society of St. Vincent De Paul of Santa Clara v. City of Los Altos

5:02-cv-00847 | U.S. District Court for the Northern District of California

Filed Date: Feb. 19, 2002

Closed Date: Aug. 19, 2004

Clearinghouse coding complete

Case Summary

On February 19, 2002, an organization representing day laborers filed this lawsuit in the United States District Court for the Northern 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 Los Altos, California. Plaintiffs claimed that the City was violating the First Amendment rights of day laborers by enforcing an ordinance that made it unlawful for any person occupying any unparked vehicle, or any person standing, sitting, walkin…

On February 19, 2002, an organization representing day laborers filed this lawsuit in the United States District Court for the Northern 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 Los Altos, California. Plaintiffs claimed that the City was violating the First Amendment rights of day laborers by enforcing an ordinance that made it unlawful for any person occupying any unparked vehicle, or any person standing, sitting, walking, or riding any non-motorized conveyance in a posted no vehicle solicitation zone, to take any action intended to solicit any person standing, sitting, walking, riding any non-motorized conveyance, or traveling in a vehicle. The case was assigned to Judge Jeremy D. Fogel and later referred to Judge Howard R. Lloyd.


Represented by the Mexican American Legal Defense and Educational Fund (MALDEF) and private counsel, the plaintiffs sought (1) a temporary restraining order and permanent injunction against the enforcement of Los Altos Municipal Code sections 9.12.010 through 9.12.050; (2) that the same Code sections be declared null and void as unconstitutional in violation of the First and Fourteenth Amendments of the United States Constitution; (3) the defendant compensate plaintiffs for all damages, according to proof, caused by enforcement and threatened enforcement of Los Altos Municipal Code sections 9.12.010 through 9.12.050, whether in their original or amended form; (4) all reasonable attorney fees, costs, and expenses of litigation; and (5) all other relief as the Court would deem just and proper.


On August 2, 2002, the Court denied defendant’s motion to dismiss and granted in part and denied in part plaintiff’s amended motion for a preliminary injunction, enjoining defendant from Los Altos Municipal Code section 9.12.020(B), but allowing defendant to continue to enforce all other provisions of the subject ordinance. The Court held that ordinance, as written, was likely unconstitutional because it was not narrowly tailored, burdening more speech than necessary to further the City’s identified governmental interests in traffic safety and traffic flow.

Over the subsequent months, numerous mediation and settlement conferences were held between the parties.

On August 21, 2003, a final settlement conference was held in which the case was settled between the parties subject to the final approval by the Los Altos City Council of the court-approved settlement. As a material condition of the settlement, the City then repealed the ordinance in dispute and adopted a revised ordinance.

On September 5, 2003, the parties executed a joint consent decree permanently enjoining Los Altos from enforcing the ordinance in dispute should it ever be readopted and setting forth that the City’s revised ordinance was satisfactory to protect the defendant’s identified governmental interests. The consent decree also committed the defendant to: removing all existing “no solicitation zone” signage and publishing and advertising information in English and Spanish about the revised ordinance; educating the Los Altos Police Department (LAPD) about the revised ordinance and properly train the LAPD on enforcement of the revised ordinance; annual reporting requirement about the number of citations issued under the revised ordinance; cooperating with plaintiffs in any efforts to locate and support a suitable site in or near the City of Los Altos for a permanent day worker center or other facility to provide shelter and services for day workers and employers; and paying plaintiffs $90,000 for damages and attorneys’ fees.

On September 9, 2003, the Court entered its final order and judgment in the case consistent with the consent decree.

This case is now closed and no further docket activity has occurred since August 2004.

Summary Authors

Alex DiLalla (4/23/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11654230/parties/the-society-of-st-vincent-de-paul-of-santa-clara-v-the-city-of-los-altos/


Judge(s)

Fogel, Jeremy D. (California)

Attorney for Plaintiff

Escobosa, Belinda Helzer (California)

Gold, Jana G. (California)

McKague, Robert Leonard (California)

Attorney for Defendant

Gallo, Joan R. (California)

show all people

Documents in the Clearinghouse

Document
18

5:02-cv-00847

First Amended Complaint Demand for Jury Trial

June 10, 2002

June 10, 2002

Complaint
55

5:02-cv-00847

Order Denying Defendant's Motion to Dismiss and Granting in Part and Denying in Part Plaintiffs' Amended Motion for Preliminary Injunction

Aug. 2, 2002

Aug. 2, 2002

Order/Opinion
86

5:02-cv-00847

Consent Decree

Sept. 8, 2003

Sept. 8, 2003

Order/Opinion
88

5:02-cv-00847

Final Order and Judgment

Sept. 9, 2003

Sept. 9, 2003

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11654230/the-society-of-st-vincent-de-paul-of-santa-clara-v-the-city-of-los-altos/

Last updated Jan. 30, 2025, 6:34 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT summons issued; jury demand against The City of Los Altos (Filing fee $150 receipt number 5504718). Filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (lrd, ) (Entered: 02/21/2002)

Feb. 19, 2002

Feb. 19, 2002

PACER
2

ADR SCHEDULING ORDER: Case Management Statement due by 6/11/2002. Case Management Conference set for 6/18/2002 at 02:00 PM. (lrd, ) (Entered: 02/21/2002)

Feb. 19, 2002

Feb. 19, 2002

PACER

Summons Issued as to The City of Los Altos (lrd, )

Feb. 19, 2002

Feb. 19, 2002

PACER
3

SUMMONS Returned Executed, by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. The City of Los Altos (White, Anna) (Entered: 02/26/2002)

Feb. 26, 2002

Feb. 26, 2002

PACER
4

MOTION for Preliminary Injunction to Suspend Unconstitutional Anti-Solicitation Ordinance filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. Motion Hearing set for 6/4/2002 10:00 AM. (Attachments: # 1 Exhibit A# 2 Proposed Order)(White, Anna) (Entered: 04/23/2002)

April 23, 2002

April 23, 2002

PACER
5

DECLARATION in Support re 4 of Anna Erickson White in Support of Motion for Preliminary Injunction to Suspend Unconstitutional Anti-Solicitation Ordinance filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O)(Related document(s) 4 ) (White, Anna) (Entered: 04/23/2002)

April 23, 2002

April 23, 2002

PACER
6

DECLARATION in Support re 4 of John Rinaldi in Support of Motion for Preliminary Injunction to Suspend Unconstitutional Anti-Solicitation Ordinance filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Related document(s) 4 ) (White, Anna) (Entered: 04/23/2002)

April 23, 2002

April 23, 2002

PACER
7

DECLARATION in Support re 4 of Maria Marroquin in Support of Motion for Preliminary Injunction to Suspend Unconstitutional Anti-Solicitation Ordinance filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Related document(s) 4 ) (White, Anna) (Entered: 04/23/2002)

April 23, 2002

April 23, 2002

PACER
8

CERTIFICATE OF SERVICE by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision re 4 (White, Anna) (Entered: 04/24/2002)

April 24, 2002

April 24, 2002

PACER
9

Declination to Proceed Before a U.S. Magistrate Judge by The City of Los Altos. (Woodward, Perry) (Entered: 04/24/2002)

April 24, 2002

April 24, 2002

PACER
10

Declination to Proceed Before a U.S. Magistrate Judge by The City of Los Altos. (Woodward, Perry) (Entered: 04/24/2002)

April 24, 2002

April 24, 2002

PACER
11

MOTION to Dismiss filed by The City of Los Altos. Motion Hearing set for 6/4/2002 10:00 AM. (Woodward, Perry) (Entered: 04/24/2002)

April 24, 2002

April 24, 2002

PACER
12

Proposed Order Re: Motion to Dismiss by The City of Los Altos. (Woodward, Perry) (Entered: 04/24/2002)

April 24, 2002

April 24, 2002

PACER
13

CLERK'S NOTICE of impending reassignment.Case Management Conference set for 6/24/2002 at 10:30 AM before Honorable Jeremy Fogel. Case Management Statement due by 6/10/2002. (cm, ) (Entered: 04/25/2002)

April 25, 2002

April 25, 2002

PACER
14

ORDER REASSIGNING CASE. Case reassigned to Judge Jeremy Fogel as the presiding jduge. Judge Patricia V. Trumbull remains as the referral judge.. Signed by Executive Committee on 4/30/02. (lfc, ) (Entered: 04/30/2002)

April 30, 2002

April 30, 2002

PACER
15

MOTION to Dismiss filed by The City of Los Altos. Motion Hearing set for 7/15/2002 09:00 AM. (Gallo, Joan) (Entered: 04/30/2002)

April 30, 2002

April 30, 2002

PACER
16

Proposed Order to Motion to Dismiss Complaint by The City of Los Altos. (Gallo, Joan) (Entered: 04/30/2002)

April 30, 2002

April 30, 2002

PACER
17

CLERK'S NOTICE Case Management Conference and Motion to Dismiss set for 7/15/2002 at 09:00 AM. Preliminary Injunction Hearing set for 7/15/2002 09:00 AM. (jfsec) (Entered: 05/02/2002)

May 2, 2002

May 2, 2002

PACER
18

AMENDED COMPLAINT and Demand for Jury Trial against The City of Los Altos. Filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Attachments: # 1 Exhibit A)(White, Anna) (Entered: 06/10/2002)

1 Exhibit A

View on RECAP

June 10, 2002

June 10, 2002

RECAP
19

CERTIFICATE OF SERVICE by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision re 18 First Amended Complaint and Demand for Jury Trial (White, Anna) (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

PACER
20

Amended MOTION for Preliminary Injunction to Suspend Unconstitutional Anti-Solicitation Ordinance filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. Motion Hearing set for 7/15/2002 09:00 AM. (Attachments: # 1 Exhibit A# 2 Proposed Order Granting Amended Preliminary Injunction Motion)(White, Anna) (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

PACER
21

DECLARATION in Support re 20 Supplemental Decl. of John F. Rinaldi re Amended Motion for Preliminary Injunction filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Related document(s) 20 ) (White, Anna) (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

PACER
22

DECLARATION in Support re 20 Supplemental Decl. of Maria Marroquin re Amended Motion for Preliminary Injunction filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Related document(s) 20 ) (White, Anna) (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

PACER
23

DECLARATION in Support re 20 Decl. of Robert McKague re Amended Motion for Preliminary Injunction filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Related document(s) 20 ) (White, Anna) (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

PACER
24

CERTIFICATE OF SERVICE by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision re 20 Amended Preliminary Injunction Motion (White, Anna) (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

PACER
25

NOTICE of Change of Address by The City of Los Altos. (lrd, ) (Entered: 06/18/2002)

June 13, 2002

June 13, 2002

PACER
26

Memorandum in Opposition re 15 Defendant's Motion to Dismiss Complaint filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Attachments: # 1 Proposed Order)(White, Anna) (Entered: 06/24/2002)

June 24, 2002

June 24, 2002

PACER
27

DECLARATION in Support re 26 of Robert McKague in Support of Plaintiffs' Opposition to Motion to Dismiss Complaint filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Related document(s) 26 ) (White, Anna) (Entered: 06/24/2002)

June 24, 2002

June 24, 2002

PACER
28

CERTIFICATE OF SERVICE by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision re 26 (White, Anna) (Entered: 06/24/2002)

June 24, 2002

June 24, 2002

PACER
29

NOTICE of need of ADR Phone Conference [ADR L.R. 3-5]; ADR Certification (White, Anna) (Entered: 06/25/2002)

June 25, 2002

June 25, 2002

PACER
30

CLERK'S NOTICE of ADR phone conference set for 7/10/02 at 11am (bt, ) (Entered: 06/25/2002)

June 25, 2002

June 25, 2002

PACER
31

CERTIFICATE OF SERVICE by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision Corrected Proof of Service (White, Anna) (Entered: 06/25/2002)

June 25, 2002

June 25, 2002

PACER
32

Memorandum in Opposition re 20 filed by The City of Los Altos. (lrd, ) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

PACER

Received Order re 20 by The City of Los Altos. (lrd, )

June 25, 2002

June 25, 2002

PACER
33

DECLARATION in Support re 32 by Paul C. Ray filed by The City of Los Altos. (Related document(s) 32 ) (lrd, ) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

PACER
34

DECLARATION in Support re 32 by Joseph Karnes filed by The City of Los Altos. (Related document(s) 32 ) (lrd, ) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

PACER
35

DECLARATION in Support re 32 by Kanwarjit S.Dua filed by The City of Los Altos. (Related document(s) 32 ) (lrd, ) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

PACER
36

DECLARATION in Support re 32 by Don Johnson filed by The City of Los Altos. (Related document(s) 32 ) (lrd, ) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

PACER
37

CERTIFICATE OF SERVICE by The City of Los Altos re [], 33, 34, 32, 35, 36 (lrd, ) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

PACER
38

STIPULATION re 20 To Extend Time for Plaintiffs' Reply in Support of Amended Motion for Preliminary Injunction to Suspend Unconstitutional Anti-Solicitation Ordinance by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Attachments: # 1 Proposed Order)(White, Anna) (Entered: 06/26/2002)

June 26, 2002

June 26, 2002

PACER
39

DECLARATION in Support re 38 of Jim Oliva re Joint Stipulation to Extend Time for Plaintiffs' Reply in Support of Amended Motion for Preliminary Injunction to Suspend Unconstitutional Anti-Solicitation Ordinance filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Related document(s) 38 ) (White, Anna) (Entered: 06/26/2002)

June 26, 2002

June 26, 2002

PACER
40

CERTIFICATE OF SERVICE by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision re 38 Joint Stipulation to Extend Time for Plaintiffs' Reply in Support of Amended Motion for Preliminary Injunction to Suspend Unconstitutional Anti-solicitation Ordinance (White, Anna) (Entered: 06/27/2002)

June 27, 2002

June 27, 2002

PACER
41

JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Attachments: # 1 Exhibit Exh. A to Joint Case Management Conference)(White, Anna) (Entered: 06/28/2002)

June 28, 2002

June 28, 2002

PACER
42

CERTIFICATE OF SERVICE by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision re 41 Joint Case Management Statement and Proposed Order (White, Anna) (Entered: 06/28/2002)

June 28, 2002

June 28, 2002

PACER
43

Reply to Opposition re 15 Defendant's Motion to Dismiss Complaint filed by The City of Los Altos. (Gallo, Joan) (Entered: 07/02/2002)

July 2, 2002

July 2, 2002

PACER
44

Proposed Order Granting Defendant's Motion to Dismiss Complaint by The City of Los Altos. (Gallo, Joan) (Entered: 07/02/2002)

July 2, 2002

July 2, 2002

PACER
45

CERTIFICATE OF SERVICE by The City of Los Altos (Gallo, Joan) (Entered: 07/02/2002)

July 2, 2002

July 2, 2002

PACER
46

Reply Memorandum to Motion re 20 in Support of Amended Motion for Preliminary Injunction to Suspend Unconstitutional Anti-Solicitation Ordinance filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (White, Anna) (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
47

STIPULATION To Extend Time re Initial Disclosure Statements by The City of Los Altos. (Gallo, Joan) (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
48

DECLARATION in Support of James Oliva in Support of Amended Motion for Preliminary Injunction to Suspend Unconstitutional Anti-Solicitation Ordinance filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Attachments: # 1 Exhibit A)(White, Anna) (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
49

CERTIFICATE OF SERVICE by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision re 46 Reply Memo in Support of Amended Motion for Preliminary Injunction and Declaration of James Oliva in Support Thereof (White, Anna) (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER
50

CERTIFICATE OF SERVICE by The City of Los Altos re 47 Stip re Initial Disclosure (Gallo, Joan) (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

PACER

ADR Phone Conference by RWS (tjs, )

July 10, 2002

July 10, 2002

PACER
51

ORDER ON STIPULATION to Extend Time for Parties to Serve Initial Disclosure Statements. Signed by Judge Patricia V. Trumbull on 7/9/02. (pvtlc1, ) (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

PACER
52

ORDER GRANTING JOINT STIPULATION to extend time for plaintiffs' reply in support of amended motion for preliminary injunction to suspend unconstitutional anti-solicitation ordinance.. Signed by Judge Jeremy Fogel on 6/28/02. (dlm, ) (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

PACER
53

ORDER REFERRING CASE to Magistrate Judge Howard R. Lloyd for Disclosure or Discovery purposes. Signed by Judge Patricia V. Trumbull on 7/12/2002. (gm, ) (Entered: 07/15/2002)

July 12, 2002

July 12, 2002

PACER
54

Minute Entry: Motion to Dismiss, Motion for Preliminary Injunction Hearing held on 7/15/2002 before Judge Jeremy Fogel. Motion to Dismiss and Motion for Preliminary Injunction taken under submission. Further Case Management Conference set for 11/18/02 at 10:30 a.m. (Court Reporter Peter Torreano.) (dlm, ) (Entered: 07/15/2002)

July 15, 2002

July 15, 2002

PACER
55

ORDER by Judge Jeremy Fogel denying 15 Defendant's Motion to Dismiss, granting in part and denying in part 20 Plaintiffs' Amended Motion for Preliminary Injunction. (dlm, ) (Entered: 08/02/2002)

Aug. 2, 2002

Aug. 2, 2002

RECAP
56

or in the alternative MOTION to Alter Judgment Stay Injunction Pending Appeal filed by The City of Los Altos. (Attachments: # 1 # 2 # 3)(Gallo, Joan) (Entered: 08/16/2002)

Aug. 16, 2002

Aug. 16, 2002

PACER
57

TRANSCRIPT for dates 7/15/02. (gm, ) (Entered: 08/23/2002)

Aug. 21, 2002

Aug. 21, 2002

PACER
58

Ex Parte Applicaton Application for an OST filed by The City of Los Altos. (Gallo, Joan) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

PACER
59

DECLARATION in Support CERTIFICATE IN SUPPORT OF OST filed by The City of Los Altos. (Gallo, Joan) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

PACER
60

Proposed Order Re OST by The City of Los Altos. (Gallo, Joan) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

PACER
62

NOTICE OF APPEAL re 55 by The City of Los Altos. (Filing fee $105 receipt number 5505898) (gm, ) (Entered: 09/04/2002)

Sept. 3, 2002

Sept. 3, 2002

PACER

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re appeal 62 (gm, )

Sept. 3, 2002

Sept. 3, 2002

PACER
63

CERTIFICATE OF SERVICE by The City of Los Altos re 62 (gm, ) (Entered: 09/04/2002)

Sept. 3, 2002

Sept. 3, 2002

PACER
61

STIPULATION Joint Stipulation to Hear Defendant's Motion to Stay Preliminary Injunction Pending Appeal or Modify Preliminary Injunction on Shortened Time by The City of Los Altos. (Gallo, Joan) (Entered: 09/04/2002)

Sept. 4, 2002

Sept. 4, 2002

PACER
64

JOINT STIPULATION TO HEAR MOTION TO STAY OR MODIFY ON SHORTENED TIME (Case Management Conference set for 11/18/2002 at 10:30 AM.) Signed by Judge Jeremy Fogel on 9/9/02. (jfsec) (Entered: 09/12/2002)

Sept. 12, 2002

Sept. 12, 2002

PACER
65

Appeal TRANSCRIPT DESIGNATION by The City of Los Altos re appeal 62 . Transcript due by 9/23/2002. (gm, ) (Entered: 09/13/2002)

Sept. 12, 2002

Sept. 12, 2002

PACER
67

CERTIFICATE OF SERVICE by The City of Los Altos re: Transcript Designation and Ordering Form (lrd, ) (Entered: 09/16/2002)

Sept. 12, 2002

Sept. 12, 2002

PACER
66

Certificate of Record Mailed to USCA re appeal 62, 65 : (gm, ) (Entered: 09/13/2002)

Sept. 13, 2002

Sept. 13, 2002

PACER
68

Memorandum in Opposition re 56 Defendant's Motion to Stay Preliminary Injunction Pending Appeal or to Modify Preliminary Injunction filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Attachments: # 1 Proposed Order)(White, Anna) (Entered: 09/16/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
69

DECLARATION in Support re 68 of Anna Erickson White in Support of Plaintiffs' Opposition to Defendant's Motion to Stay Preliminary Injunction Pending Appeal or to Modify Preliminary Injunction filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Related document(s) 68 ) (White, Anna) (Entered: 09/16/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
70

CERTIFICATE OF SERVICE by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision re 68 Opposition to Defendant's Motion to Stay Preliminary Injunction and White Declaration in Support Thereof (White, Anna) (Entered: 09/16/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER

USCA Case Number re appeal 62 . USCA Case #02-16761 (gm, )

Sept. 16, 2002

Sept. 16, 2002

PACER

Certificate of Record Mailed to USCA re appeal 62 : (gm, )

Sept. 17, 2002

Sept. 17, 2002

PACER
71

Reply to Opposition filed by The City of Los Altos. (Gallo, Joan) (Entered: 09/20/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
72

Minute Entry: Motion to Stay or Modify Injunction Hearing held on 9/23/2002 before Judge Jeremy Fogel. Motion to Stay or Modify Injunction continued to 9/30/02 at 9:00 a.m. (Court Reporter Peter Torreano.) (dlm, ) (Entered: 09/23/2002)

Sept. 23, 2002

Sept. 23, 2002

PACER
73

NOTICE OF WITHDRAWAL AS COUNSEL;[PROPOSED] ORDER by The City of Los Altos. (Gallo, Joan) (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
74

CERTIFICATE OF SERVICE by The City of Los Altos (Gallo, Joan) (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
75

Minute Entry: Mediation session held on 10/15/2002 before Judge Jeremy Fogel. (Court Reporter Not reported.) (dlm, ) (Entered: 10/18/2002)

Oct. 18, 2002

Oct. 18, 2002

PACER
76

ORDER GRANTING WITHDRAWAL OF COUNSEL re 73 Signed by Judge Jeremy Fogel on 10/21/02. (jfsec) (Entered: 10/22/2002)

Oct. 22, 2002

Oct. 22, 2002

PACER
77

Minute Entry: Mediation session held on 10/29/2002 before Judge Jeremy Fogel. Case continued to 11/19/02 at 1:30 p.m. for Further Case Management Conference. (Court Reporter Not reported.) (dlm, ) (Entered: 10/30/2002)

Oct. 30, 2002

Oct. 30, 2002

PACER
78

Minute Entry: On site Settlement Conference held on 11/19/2002 before Judge Jeremy Fogel. Further on site Settlement Conference set for 12/10/02 at 2:00 p.m. (Court Reporter Not reported.) (dlm, ) (Entered: 11/20/2002)

Nov. 20, 2002

Nov. 20, 2002

PACER
79

CLERK'S NOTICE SETTING A STATUS CONFERENCE FOR 1/13/03 (jfsec) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
80

Minute Entry: Settlement Conference held on 2/28/2003 before Judge Jeremy Fogel. Continued to 4/11/03 at 10:00 a.m. for Further Settlement conference. (Court Reporter Not reported.) (dlm, ) (Entered: 03/05/2003)

March 5, 2003

March 5, 2003

PACER
81

NOTICE of Withdrawal as Counsel; Proposed Order by The City of Los Altos. (Gallo, Joan) (Entered: 03/19/2003)

March 19, 2003

March 19, 2003

PACER
82

ORDER GRANTING REQUEST TO WITHDRAW AS ATTORNEY OF RECORDSigned by Judge Jeremy Fogel on 3/24/03. (jfsec) (Entered: 03/24/2003)

March 24, 2003

March 24, 2003

PACER
83

Minute Entry: Settlement Conference is not held on 4/11/2003 before Judge Jeremy Fogel. Counsel are to contact the court to set a new date for the settlement conference. (Court Reporter Not reported.) (dlm, ) Modified on 4/18/2003 (dlm, ). (Entered: 04/11/2003)

April 11, 2003

April 11, 2003

PACER
84

Minute Entry: Settlement Conference held on 5/7/2003 before Judge Jeremy Fogel. Continued to 6/5/03 at 9:30 a.m. for Further Settlement Conference. (Court Reporter Not reported.) (dlm, ) (Entered: 05/07/2003)

May 7, 2003

May 7, 2003

PACER
85

Minute Entry: Settlement Conference held on 8/21/2003 before Judge Jeremy Fogel. Case settled subject to final approval by the City Counsel as stated.Court approves settlement and retains jurisdiction. (Court Reporter Peter Torreano.) (dlm, COURT STAFF) (Entered: 08/22/2003)

Aug. 22, 2003

Aug. 22, 2003

RECAP
86

Brief Consent Decree filed by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision. (Attachments: # 1 Exhibit A# 2 Proposed Order and Final Judgment)(White, Anna) (Entered: 09/08/2003)

2

View on RECAP

Sept. 8, 2003

Sept. 8, 2003

RECAP
87

CERTIFICATE/PROOF OF SERVICE by The Society of St. Vincent De Paul of Santa Clara County, Workers's Commision of Consent Decree & Proposed Final Order & Judgment (White, Anna) (Entered: 09/08/2003)

Sept. 8, 2003

Sept. 8, 2003

PACER
88

JUDGMENT Signed by Judge Jeremy Fogel on 9/9/03. (jfsec) (Entered: 09/09/2003)

Sept. 9, 2003

Sept. 9, 2003

RECAP
89

ORDER of USCA re appeal 62 Motion to dismiss this appeal is granted (gm, COURT STAFF) (Entered: 10/29/2003)

Oct. 28, 2003

Oct. 28, 2003

PACER
90

MANDATE of USCA re appeal 62 (gm, COURT STAFF) (Entered: 10/29/2003)

Oct. 29, 2003

Oct. 29, 2003

PACER

NOTICE of Related Case filed by Domingo Alvarez, et al v City of Los Altos (C04-03182-HRL) (Case File requested from FRC today, 8/4/04)) (bw, COURT STAFF) (Filed on 8/5/2004)

Aug. 5, 2004

Aug. 5, 2004

PACER

Clerk prepared Related Case Order for processing. (bw, COURT STAFF) (Filed on 8/5/2004)

Aug. 5, 2004

Aug. 5, 2004

PACER
91

ORDER RELATED CASES. Signed by Judge Jeremy Fogel on 8/17/04. (dlm, COURT STAFF) (Filed on 8/19/2004) (Entered: 08/19/2004)

Aug. 19, 2004

Aug. 19, 2004

PACER

Case Details

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Labor Rights

Key Dates

Filing Date: Feb. 19, 2002

Closing Date: Aug. 19, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An organization of day laborers.

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 Los Altos, 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)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $90,000.00

Issues

General/Misc.:

Racial profiling

Discrimination Basis:

Race discrimination

Affected Language(s):

Spanish

Immigration/Border:

Employment

Undocumented immigrants - state and local regulation