Case: Comite De Jornaleros De Glendale v. City of Glendale

Civil Rights Litigation Clearinghouse

Scott Cummings

COMPLAINT against defendant Glendale City of.(Filing fee $ 150.), filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network.(rrey, ) (Entered: 05/25/2004)

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. (rrey, ) (Entered: 05/25/2004)

20 Day Summons Issued re Complaint - (Discovery) 1 as to Glendale City of. (rrey, )

FAX number for Attorney Belinda Anne Escobosa, Thomas A Saenz is 213-629-0266. (rrey, )

INITIAL STANDING ORDER by Judge S. James Otero. This case has been assigned to the calendar of Judge S James Otero. To secure the just, speedy, and inexpensive determination of every action, FRCP 1, all counsel are ordered to familiarize themselves with the FRCP and the LR of the Central District of California (see document for further details)(rl, ) (Entered: 05/25/2004)

PROOF OF SERVICE Executed Comite De Jornaleros De Glendale, upon Glendale City of served on 5/20/2004, answer due 6/9/2004. The Summons and Complaint were served by personal service, by Federal statute, upon Grace Kazarian, Senior Office Servies Specialist, Office of the City Clerk. Due Dilligence declaration not attached. Original Summons not returned. (yl, ) (Entered: 05/25/2004)

STIPULATION Extending Time to Answer the complaint. Glendale City of answer due 6/29/2004. filed by Defendant Glendale City of. (pj, ) (Entered: 06/14/2004)

STIPULATION AND ORDER for further extension of time for filing responsive pleading by Judge S. James Otero : The previously stipulated that defendants would have an additional 20 days, up to and including June 29, 2004, within which to file a responsive pleading in the above-entitled action. The parties now stipulate that defendants shall have an additional seven (7) days, up to and including July 6, 2004, withing which to file a responsive pleading in the avove-entitled action 5 . IT IS SO STIPULATED.(ca, ) (Entered: 07/01/2004)

FIRST AMENDED AMENDED COMPLAINT against Defendant Glendale City of amending Complaint - (Discovery) 1,filed by Plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network (pj, ) (Entered: 07/06/2004)

NOTICE of Interested Parties filed by Defendant Glendale City of. (pj, ) (Entered: 07/14/2004)

ANSWER to first Amended Complaint 7 filed by Defendant Glendale City of.(pj, ) (Entered: 07/14/2004)

MINUTES IN CHAMBERS: Scheduling Conference set for 9/27/2004 08:30 AM. File Joint Rule 26(f) report on or before September 13, 2004 by Judge S. James Otero. Court Reporter: Not Present. (pj, ) (Entered: 07/16/2004)

EX PARTE APPLICATION for Temporary Restraining Order and order to show cause regarding preliminary injunction filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. Lodged proposed. (pj, ) (Entered: 08/09/2004)

MEMORANDUM OF POINTS AND AUTHORITIES in support EX PARTE APPLICATION for 11 filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. (pj, ) (Entered: 08/09/2004)

DECLARATION of BELINDA ESCOBOSA HELZER regarding re EX PARTE APPLICATION 11 filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. (pj, ) (Entered: 08/09/2004)

DECLARATION of VERONICA FEEROVSKY in support re EX PARTE APPLICATION 11 filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. (pj, ) (Entered: 08/09/2004)

ORDER by Judge S. James Otero : DENYING Plaintiffs Ex Parte Application for temporary restraining order and Order to Show Cause regarding prelimianry injunction without prejudice 11 (pj, ) (Entered: 08/11/2004)

PLACED IN FILE - NOT USED re [PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION submitted by Plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. (el, )

NOTICE OF MOTION AND MOTION for Preliminary Injunction to suspend enforcement of anti-solicitation ordinance filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. Motion set for hearing on 9/7/2004 at 10:00 AM before Honorable S. James Otero. Lodged proposed order. (pj, ) (Entered: 08/16/2004)

MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION for Preliminary Injunction 16 filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. (pj, ) (Entered: 08/16/2004)

DECLARATION of VERONICA FEDEROVKSY IN SUPPORT re MOTION for Preliminary Injunction 16 filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. (pj, ) (Entered: 08/16/2004)

OPPOSITION to MOTION for Preliminary Injunction 16 filed by defendant Glendale City of. (pj, ) (Entered: 08/30/2004)

OBJECTIONS TO DECLARATION OF VERONICA FEDEROVSKY submitted in support re MOTION for Preliminary Injunction 16 filed by defendant Glendale City of. (pj, ) (Entered: 08/30/2004)

MINUTES: Plaintiffs MOTION for Preliminary Injunction 16 IS TAKEN UNDER SUBMISSION. The hearing date is VACATED. ORDER WILL ISSUE by Judge S. James Otero Court Reporter: Not Present. (pj, ) (Entered: 08/30/2004)

REPLY in support MOTION for Preliminary Injunction 16 filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. (pj, ) (Entered: 09/07/2004)

JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial three to four. (pj, ) (Entered: 09/09/2004)

ORDER by Judge S. James Otero: IT IS HEREBY ORDERED that Plaintiffs' 16 Motion for Preliminary Injunction is GRANTED. (see document for further details) (rl, ) (Entered: 01/19/2005)

NOTICE OF MOTION AND MOTION for Summary Judgment filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. Motion set for hearing on 3/14/2005 at 10:00 AM before Honorable S. James Otero. Lodged PROPOSED STATMENT AND ORDER. (yc, ) (Entered: 02/18/2005)

MEMORANDUM of points and authorities in Support of MOTION for Summary Judgment 25 filed by Plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. (yc, ) (Entered: 02/18/2005)

DECLARATION of Shaheena Ahman SImons in support re MOTION for Summary Judgment 25 filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. (yc, ) (Entered: 02/18/2005)

NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendant City of Glendale; Motion set for hearing on 3/14/2005 at 10:00 AM before Honorable S. James Otero; memorandum of points and authorities in support thereof. Lodged Proposed Statement and Order. (gk, ) (Entered: 02/24/2005)

DECLARATIONS and Exhibits in Support of Motion for Summary Judgment 28 filed by Defendant City of Glendale. (gk, ) (Entered: 02/24/2005)

MEMORANDUM of Points and Authorities in Opposition to Defendants' Motion for Summary Judgment 28 filed by Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network. (gk, ) (Entered: 03/02/2005)

STATEMENT of Genuine Issues in Response to Defendant's Statement of Uncontroverted Facts re Motion for Summary Judgment 28 filed by Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network. (gk, ) (Entered: 03/02/2005)

EVIDENTIARY OBJECTIONS re Motion for Summary Judgment 28 filed by Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network. (gk, ) (Entered: 03/02/2005)

OPPOSITION to Plaintiffs' Motion for Summary Judgment 25 filed by Defendant City of Glendale; memorandum of points and authorities in support thereof. (gk, ) (Entered: 03/02/2005)

RESPONSE to Plaintiffs' Statement of Uncontroverted Facts and Conclusions of Law re Motion for Summary Judgment 25 filed by Defendant City of Glendale. (gk, ) (Entered: 03/02/2005)

SETTLEMENT CONFERENCE ORDER by Judge Charles F. Eick. The settlement conference is set for Thursday, 3/17/05 at 3:00 p.m. in Courtroom 20. A settlement conference statement of each party must be submitted directly to the chambers of the settlement judge, Room 342, no later than 3/10/05. (See document for further information.)(sp, ) (Entered: 03/01/2005)

MINUTES (IN CHAMBERS) by Judge S. James Otero: Proceedings - Order to Show Cause re Permanent Injunction. Court orders the parties to show cause: (1) why the trial of the action on the merits should not be consolidated with the consideration of the application for preliminary injunction pursuant to F.R.Civ.P. 65(a)(2) and; (2) why a permanent injunction should not be issued. Parties are further ordered to show cause why entry of final judgment should not issue. A 5-page brief submitted by the plaintiffs and defendant may be deemed a sufficient response to this Order to Show Cause. Set Deadlines/Hearings: Response to Order to Show Cause due by 3/14/2005. The hearing for the Cross-Motions for Summary Judgment 25, 28 set for 3/14/2005 is vacated pending the Court's ruling on the OSC. Court Reporter: None Present. (gk, ) (Entered: 03/03/2005)

RESPONSE filed by Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network to Order to Show Cause Re: Permanent Injunction 36 . (gk, ) (Entered: 03/16/2005)

RESPONSE filed by Defendant City of Glendale to Order to Show Cause Re Why Trial Should Not be Consolidated With Consideration of Motion for Preliminary Injunction 36 . (gk, ) (Entered: 03/16/2005)

MINUTES OF Settlement Conference held before Judge Charles F. Eick. Case called. Counsel make their appearances. The Court hears discussion. Parties retire to chambers to proceed with the settlement conference. Settlement is not reached. Tape #: 05-5. (sp, ) Modified on 6/15/2005 (sp, ). (Entered: 06/15/2005)

ORDER RE RESPONSE TO ORDER TO SHOW CAUSE by Judge S. James Otero: The matter came before this Court on Plaintiffs Comite de Jornaleros de Glendale or Committee of Day Laborers of Glendale and the National Day Laborer Organizing Network's 37 and Defendant City of Glendale's response to the Court's Order to Show Cause 38 . Court concludes that Plaintiffs have demonstrated that, they are entitled to judgment as a matter of law on their claim that the Section 9.17.030 of the Ordinance violates the First and Fourteenth Amendments to the United States Constitution. The Court permanently enjoins Defendant City of Glendale, as well as its officers, agents, servants, employees, and attorneys and those persons in active concert or participation with them from enforcing Section 9.17.030 of the Glendale Municipal Code or from undertaking other acts to discourage the speech Section 9.17.030 unlawfully prohibits. Plaintiffs shall recover from Defendant, under 42 U.S.C. Section 1988, all of Plaintiffs' reasonable attorney fees, costs, and expenses of this litigation. Counsel for the parties are ordered to meet and confer and make a good faith effort to resolve the fee award. (gk, ) (Entered: 05/16/2005)

JUDGMENT by Judge S. James Otero: Adjudged and decreed that The City of Glendale, as well as its officers, agents, servants, employees, and attorneys and those persons in active concert or participation with them are permanently enjoined from enforcing Glendale Municipal Code Section 9.17.030 of the Glendale Municipal Code or from undertaking other acts to discourage the speech the code section unlawfully prohibits. Any and all fines, penalties, or records of infractions of Glendale Municipal Code Section 9.17.30 be rescinded or removed and restitution provided. Plaintiffs are the prevailing party. Plaintiffs recover from Defendant, under 42 U.S.C. Section 1988, all of Plaintiffs' reasonable attorney fees, costs, and expenses of this litigation. Judgment be entered in favor of Plaintiffs and against Defendant. (MD JS-6, Case Terminated). (gk, ) (Entered: 05/16/2005)

JOINT STIPULATION AND ORDER by Judge S. James Otero Re: Stay of Dates for Filing Bill of Costs and Application for Attorneys' Fees. Plaintiffs shall file their application and supporting papers on or before 6/14/2005. (gk, ) (Entered: 06/06/2005)

NOTICE OF APPEAL to 9th CCA filed by defendant Glendale City of. Appeal of Judgment 40 Filed On: 05/13/05; Entered On: 05/16/05. Filing fee $255, Paid, receipt number 74927. cc: Ann M. Maurer, City Attorney; Thomas A. Saenz. (cbr, ) (Entered: 06/14/2005)

Civil Appeals Docketing Statement received from defendant Glendale City of forwarded to 9th CCA. RE: Appeal to Circuit Court 42 . (cbr, )

NOTICE OF APPLICATION AND APPLICATION for Fees and Expenses filed by Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network. Application set for hearing on 7/11/2005 at 10:00 AM before Honorable S. James Otero. Lodged Proposed Order. (gk, ) (Entered: 06/15/2005)

MEMORANDUM of Points and Authorities in Support of Application for Attorneys' Fees and Expenses 45 filed by Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network. (gk, ) (Entered: 06/15/2005)

DECLARATION of Thomas A. Saenz in Support of Application for Attorneys' Fees and Expenses 45 filed by Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network. (gk, ) (Entered: 06/15/2005)

AMENDED NOTICE OF APPEAL to 9th CCA filed by defendant Glendale City of. Appeal of Judgment 40 Filed On: 5/13/05; Entered On: 5/16/05, Order 39 Filed On: 5/13/05; Entered On: 5/16/05, Order on Motion for Preliminary Injunction 24 Filed On: 1/14/05; Entered On: 1/19/05; Appeal Fee Waived. cc: Ann M. Maurer; Thomas A. Saenz and Shaheen Ahmad Simons. (ghap, ) (Entered: 06/15/2005)

Civil Appeals Docketing Statement received from defendant Glendale City of forwarded to 9th CCA. RE: Appeal to Circuit Court, 44 . (ghap, )

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court 42 . (ghap, )

NOTIFICATION by Circuit Court of Appellate Docket Number 05-55880, 9th CCA regarding Appeal to Circuit Court 42 filed by Glendale City of,. (nm, ) (Entered: 06/27/2005)

OPPOSITION to APPLICATION for Attorney Fees and Costs 45 filed by defendant, Glendale City of. (sv) (Entered: 07/06/2005)

MINUTES by Judge S. James Otero: Parties are advised that Plaintiff's Application for Fees and Expenses 45, scheduled for hearing on 7/11/2005, is taken under submission. Accordingly, the hearing date is vacated. Court Reporter: Not Present. (gk, ) (Entered: 07/05/2005)

REPLY BRIEF in Support of Application for Attorneys' Fees and Expenses 45 filed by Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network. (gk, ) (Entered: 07/11/2005)

DECLARATION of E. Richard Larson in Support of Plaintiffs' Application for Attorneys' Fees and Expenses 45 filed by Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network. (gk, ) (Entered: 07/11/2005)

REQUEST to Strike Declaration of E. Richard Larson in Support of Plaintiffs' Application for Attorneys' Fees and Expenses 45 52 filed by Defendant Glendale City of. Request set for hearing on 7/11/2005 at 10:00 AM before Honorable S. James Otero. (yl, ) (Entered: 07/19/2005)

ORDER GRANTING MOTION FOR ATTORNEYS' FEES AND COSTS by Judge S. James Otero: Having considered all admissible evidence in support of, or in opposition to, Plaintiff's Motion to Award Attorney Fees and Expenses 45, the Court hereby orders an award in favor of Plaintiffs Comite de Jornaleros de Glendale and National Day Laborer Organizing Network and against City of Glendale in the requested amount of $67,276.00.(gk, ) (Entered: 08/22/2005)

NOTICE OF APPEAL to 9th CCA filed by defendant Glendale City of. Appeal of Order 54 Filed On: 8/19/05; Entered On: 08/22/05. Filing fee $255, Paid, receipt number 77855. cc: Ann M. Maurer, Assistant City Attorney; Thomas Saenz. (cbr, ) (Entered: 09/08/2005)

Civil Appeals Docketing Statement received from defendant Glendale City of forwarded to 9th CCA. RE: Appeal to Circuit Court 55 . (cbr, )

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court 55 (mo, )

NOTIFICATION by Circuit Court of Appellate Docket Number 05-56372, 9th CCA regarding Appeal to Circuit Court 55 filed by Glendale City of. (lm, ) (Entered: 09/20/2005)

PETITION to Withdraw as Counsel and Addition of New Attorney of Record filed by Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network. Lodged Proposed Order. (gk, ) (Entered: 09/30/2005)

ORDER by Judge S. James Otero granting 57 Petition to Withdraw as Counsel. Added attorney Araceli Soledad Perez for Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network. Attorney Shaheena Ahmad Simons, Belinda Anne Escobosa and Thomas A. Saenz terminated. (gk, ) (Entered: 09/30/2005)

PETITION to Withdraw as Counsel filed by plaintiffs Comite De Jornaleros De Glendale, National Day Laborer Organizing Network. Lodged Proposed Order. (jp, ) (Entered: 11/16/2005)

PLACED IN FILE - NOT USED re Proposed Order re Petition to Withdraw as Counsel submitted by Plaintiffs Comite De Jornaleros De Glendale and National Day Laborer Organizing Network. (gk, )

NOTICE of Change of Attorney Information: Adding Cynthia A Valenzuela for Comite De Jornaleros De Glendale and National Day Laborer Organizing Network as attorney as counsel of record. JOHN D TRASVINA is no longer attorney of record in this case. Filed by plaintiff Comite De Jornaleros De Glendale, National Day Laborer Organizing Network (jag, ) (Entered: 03/14/2006)

RECORD ON APPEAL sent to Circuit Court re: Appeal number, 05-55880 Record consists of 1 through 3 volumes re Appeal to 9th Circuit Court of Appeals 42 (car, ) (Entered: 05/29/2007)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 55 filed by Glendale City of, Notice of Appeal to 9th Circuit Court of Appeals 42 filed by Glendale City of, CCA # 05-55880, 05-56372. The appeals are dismissed. Order received in this district on 8/20/08. (car) (Entered: 08/22/2008)

NOTICE OF CLERICAL ERROR: Due to clerical error Document was not served via the docket entry Re: USCA Order, 62 (Attachments: # 1 9th CCA Order) (car) (Entered: 08/22/2008)

STIPULATION to Dismiss Case pursuant to Fed.R.Civ.P. 41(a) filed by Defendant Glendale City of.(Maurer, Ann) (Entered: 09/09/2008)

APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1 through 3; RE: Appeal Record Sent to USCA (A-26) 61 (car) (Entered: 03/06/2009)