Case: Comite De Jornaleros De Rancho Cucamonga Y Upland v. City of Cucamonga & City of Upland

5:02-cv-01010 | U.S. District Court for the Central District of California

Filed Date: Sept. 19, 2002

Closed Date: Jan. 30, 2004

Clearinghouse coding complete

Case Summary

On September 19, 2002, an organization representing day laborers filed this lawsuit in the United States District Court for the Central District of California against the City of Cucamonga and the City of Upland. Plaintiffs claimed that the defendants had passed ordinances in 2001 to enforce anti-solicitation at one street corner, located at the cities’ boundary, and that the defendants were violating the First Amendment rights of day laborers by enforcing the ordinances. Plaintiffs were repres…

On September 19, 2002, an organization representing day laborers filed this lawsuit in the United States District Court for the Central District of California against the City of Cucamonga and the City of Upland. Plaintiffs claimed that the defendants had passed ordinances in 2001 to enforce anti-solicitation at one street corner, located at the cities’ boundary, and that the defendants were violating the First Amendment rights of day laborers by enforcing the ordinances. Plaintiffs were represented by the Mexican American Legal Defense and Educational Fund (MALDEF). Unfortunately, the Clearinghouse does not have access to the complaint in this case.

In January 2003, the defendant cities of Rancho Cucamonga and Upland agreed to (1) amended their ordinances to only prohibit solicitation “on a street or highway” and to explicitly “not prohibit solicitation by persons off the street or highway, or on a sidewalk”; and (2) train police officers in appropriate enforcement measures and to establish a day laborer task force.

On January 26, 2004, the parties filed a joint stipulation with the Court requesting that the case be dismissed in its entirety with prejudice.

This case is now closed and no further docket activity has occurred since January 30, 2004.

Summary Authors

Alex DiLalla (4/23/2024)

Related Cases

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

Comite de Jornaleros de Redondo Beach v. City of Redondo Beach, Central District of California (2004)

Documents in the Clearinghouse

Document
13

5:02-cv-01010

Stipulation and Proposed Order Vacating Litigation Schedule and Staying Action Pending Finalization of Settlement Agreement

April 21, 2003

April 21, 2003

Order/Opinion
14

5:02-cv-01010

Stipulation and Proposed Order Extending Stay in the Action Pending Finalization of Settlement Agreement

Aug. 21, 2003

Aug. 21, 2003

Order/Opinion
15

5:02-cv-01010

Order to Show Cause Re Dismissal for Lack of Prosecution

Jan. 22, 2004

Jan. 22, 2004

Order/Opinion
16

5:02-cv-01010

Stipulation to Dismiss

Jan. 30, 2004

Jan. 30, 2004

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14031215/comite-de-jornaleros-v-city-of-rancho-cucam/

Last updated April 23, 2024, 1:46 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) issd referred to Discovery Stephen G. Larson (mrgo) (Entered: 09/24/2002)

Sept. 19, 2002

Sept. 19, 2002

PACER
2

NOTICE OF INTERESTED PARTIES filed by plaintiff Comite De Jornaleros, plaintiff National Day Laborer (mrgo) (Entered: 09/24/2002)

Sept. 19, 2002

Sept. 19, 2002

PACER
3

STANDING ORDER by Judge Virginia A. Phillips (mrgo) (Entered: 09/24/2002)

Sept. 23, 2002

Sept. 23, 2002

PACER
4

STIPULATION filed to extend time to answer to 11/13/02 as to defendant Rancho Cucamonga Cty, defendant Upland City (mrgo) (Entered: 10/08/2002)

Oct. 3, 2002

Oct. 3, 2002

PACER
5

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV 98-4863 GHK(CTx)] Transfer of case declined for the reasons set forth on order by Judge George H. King (cc: all counsel) (la) (Entered: 11/08/2002)

Nov. 8, 2002

Nov. 8, 2002

PACER
6

ANSWER filed by defendants Rancho Cucamonga Cty, Upland City of to complaint [1-1] (ad) (Entered: 11/14/2002)

Nov. 13, 2002

Nov. 13, 2002

PACER
7

NOTICE OF INTERESTED PARTIES filed by defendants Rancho Cucamonga Cty, Upland City of (ad) (Entered: 11/14/2002)

Nov. 13, 2002

Nov. 13, 2002

PACER
8

ORDER setting sched conf by Judge Virginia A. Phillips ; mandatory status/scheduling conf set for 1:30 2/10/03 (mrgo) (Entered: 11/20/2002)

Nov. 19, 2002

Nov. 19, 2002

PACER
9

JOINT RULE 26 DISCOVERY PLAN filed; est length of trial 1-2 days (mrgo) (Entered: 01/31/2003)

Jan. 29, 2003

Jan. 29, 2003

PACER
10

MINUTES: SCHEDULING CONFERENCE: The deadline for filing any motion for summ jgm is 7/28/03; The settlement conference shall be conducted NLT 6/30/03 by Judge Virginia A. Phillips; CR: Maria Beesley (ad) (Entered: 02/11/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
11

NOTICE AND REQUEST Of Settlement Procedure Selection fld Parties request to apr before Magistrate Judge Stephen G. Larson for sttlmnt procdgs ; Order by Judge Virginia A. Phillips granting settlement procedure selection request [11-1] (ad) (Entered: 02/19/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER
12

SETTLEMENT CONFERENCE ORDER by Discovery Stephen G. Larson: conference is scheduled for 9:30 5/2/03 (see doc for fur details) (ad) Modified on 02/28/2003 (Entered: 02/28/2003)

Feb. 27, 2003

Feb. 27, 2003

PACER
13

STIPULATION and ORDER VACATING Litigation Schedule and STAYING Action Pending Finalization of Settlement Agreement: The current litigation schedule, including the Discovery, Motion and Settlement Conference cut-offs, as well as the Settlement Conference, Pre-trial Conference and Trial dates, are vacated and the case is stayed fro 120 days from the date of this order; Within 120 days, the parties are to either file a notice of dismissal, or request that the litigation schedule be reset by Judge Virginia A. Phillips (ad) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

Clearinghouse
14

STIPULATION and ORDER EXTENDING STAY IN THE ACTION PENDING FINALIZATION OF SETTLEMENT AGREEMENT by Judge Virginia A. Phillips: FOR GOOD CAUSE SHOWN: The current stay in this action is extended 45 days from the date of this order; Within 45 days, the parties are to either file a notice of dismissal, or request that the litigation schedule be reset (ad) (Entered: 08/22/2003)

Aug. 21, 2003

Aug. 21, 2003

Clearinghouse
15

MINUTES: ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION: In light of the stipulation filed on 8/21/03 extending the stay of said case for 45 days to 10/6/03 pending finalization of the settlement agreement, Plaintiff(s) is ordered to show cause in writing no later than 2/3/04, why this action should not be dismissed for lack of prosecution by Judge Virginia A. Phillips; Court Reporter: None Present (ad, ) (Entered: 01/23/2004)

Jan. 22, 2004

Jan. 22, 2004

Clearinghouse
16

STIPULATION AND ORDER by Judge Virginia A. Phillips : to dismiss the action with prejudice. (Made JS-6. Case Terminated.)(mrgo, ) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

Clearinghouse

Case Details

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Labor Rights

Key Dates

Filing Date: Sept. 19, 2002

Closing Date: Jan. 30, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An organization representing 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 Rancho Cucamonga, City

City of Upland, 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

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General/Misc.:

Racial profiling

Discrimination Basis:

Race discrimination

Affected Language(s):

Spanish

Immigration/Border:

Employment

Undocumented immigrants - state and local regulation