Case: Warren v. City of Chico

2:21-cv-00640 | U.S. District Court for the Eastern District of California

Filed Date: April 8, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

Involuntarily unhoused residents of Chico, California, filed this lawsuit against the City of Chico and the City of Chico Police Department, challenging the City’s ordinances that criminalized homelessness by banning camping and storing personal property in public places. Represented by attorneys from Legal Services of Northern California, on April 8, 2021, eight individuals sued under 42 U.S.C. § 1983 and alleged violations of their rights guaranteed by the Fourth, Eighth, and Fourteenth Amendments in the United States Constitution. The plaintiffs brought suit in the Eastern District of California. The plaintiffs sought declaratory relief and injunctive relief enjoining the City of Chico from enforcing ordinances that punished people for camping on public property when there was no alternative shelter available, and also enjoining the City from destroying the property of unhoused people. The case was initially assigned to Judge Kimberly J. Mueller, but she recused herself, and it was reassigned to Senior Judge Morrison C. England, Jr.; in 2024, it was reassigned to Judge Dale A. Drozd.

The plaintiffs alleged that due to a lack of alternative shelter for unhoused people in Chico, 66% of Chico’s homeless population was unsheltered. The plaintiffs further argued that, because Chico did not have available alternative shelter for unhoused people, the city ordinances that criminalized camping in public violated their constitutional rights. According to the complaint, the Chico ordinances criminalized homelessness by making it unlawful to (1) camp on any public property or private property that was not a designated campground; (2) store private property on parks, streets, public parking lots, or near waterways; (3) sit on sidewalks in commercial districts; (4) obstruct entrances to buildings; and (5) obstruct sidewalk traffic. The plaintiffs alleged that the Chico police enforced the ordinancesse by warning unhoused residents to move and threatening arrest if they refused to move. They further alleged that between 2018 and 2020, Chico police made 120 arrests for violations of the anti-camping ordinance.

The plaintiffs argued that the ordinance that criminalized camping in public violated their Eighth Amendment rights under the U.S. Constitution by punishing them for life-sustaining activities such as sleeping in public, and also violated their right to be free from cruel and unusual punishment under the California Constitution. They also argued that the defendants’ practice of forcibly removing plaintiffs from encampments and forcing them to sleep on rights-of-way with only a sleeping bag was a “state-created danger” that violated the California Constitution and the Fourteenth Amendment of the U.S. Constitution. They further contended that the defendants’ seizure of property was unlawful under the Fourth and Fourteenth Amendments. They also argued that the anti-camping ordinances violated the plaintiffs’ due process rights under the California Constitution and the Fourteenth Amendment to the U.S. Constitution because the City failed to inform the public about what speech or conduct would subject them to criminal penalties.

On April 8, 2021, the plaintiffs filed ex parte motions to proceed in forma pauperis (“IFP”; i.e., an indigent status that would allow the court to waive their costs and fees). On April 10, 2021, the plaintiffs filed an ex parte motion for a temporary restraining order with an accompanying memorandum supporting it. On April 11, 2021, the plaintiffs filed an amended complaint. Whereas the initial complaint sought only injunctive relief, the amended complaint also sought declaratory relief in which the court declared that their rights had been violated. That same day, the court granted the temporary restraining order in favor of the plaintiffs. The temporary restraining order prohibited the City of Chico and its police department from enforcing notifications that gave unhoused community members at Comance Green Way 72 hours to remove their belongings and leave the location, and from issuing or enforcing similar notifications. The temporary restraining order also barred the defendants from enforcing or threatening to enforce specific municipal ordinances, including the bans on camping and storing personal property in public. It also prohibited the defendants from destroying the personal property of unhoused individuals.

The court granted the plaintiffs’ motions to proceed IFP on April 15, 2021. On April 23, 2021, the court held a hearing on the plaintiffs’ motion for a preliminary injunction, which was continued to May 14, 2021. The court ordered the temporary restraining order to remain in effect until May 14. On May 10, Judge England continued the preliminary injunction hearing until June. In June, the preliminary injunction hearing was continued again, and the temporary restraining order remained in effect.

On July 2, 2021, the court heard arguments on the plaintiffs’ motion for a preliminary injunction. The court agreed to extend the temporary restraining order until it determined the outcome of the preliminary injunction motion. During these proceedings, the parties agreed to have the case referred to a magistrate judge for a settlement conference, and the case was referred to Magistrate Judge Kendall J. Newman.

On July 8, 2021, Judge England granted the plaintiffs’ motion for a preliminary injunction, converting the temporary restraining order into a preliminary injunction on the same terms. In granting the preliminary injunction, Judge England concluded that the plaintiffs had shown a likelihood of success on the merits under 9th Circuit precedent, Martin v. City of Boise, 920 F.3d 584, (9th Cir. 2024), which held that under the Eighth Amendment, a jurisdiction could not prosecute homeless people for involuntary sitting, lying, or sleeping in public when there were more homeless individuals than shelter beds available in the area.

Beginning in August 2021, the court held multiple settlement conferences throughout the remainder of the calendar year. In January 2022, the parties reached a settlement agreement and filed a proposed order for dismissal, which Judge England signed the following day, dismissing the entire action with prejudice. Chico residents sent letters and emails to the court asking Judge England to refuse to sign the current settlement agreement, which they argued was overly generous to the homeless community and burdened taxpayers. Under the terms of the settlement agreement, the City was required to construct the Chico Emergency Non-Congregate Housing Site (“Housing Site”) with at least 50 pallet shelters, personal hygiene facilities, and potable drinking water and meal services. The City also agreed not to enforce its anti-camping bans and not to require a homeless person to relocate their property until the Housing Site was open and available as alternative housing. When the Housing Site was open, the City agreed that it would require a homeless person to relocate their property or themselves only if it had assessed that there was available alternative shelter and it had given prior notice to the individual. The City also agreed that it would dismiss all administrative and criminal citations and charges against the plaintiffs related to their status as homeless. The City agreed to pay the plaintiffs a total of $12,000 in damages and to pay plaintiffs’ counsel $650,000 in attorneys’ fees and costs. Magistrate Judge Kendall J. Newman would oversee the implementation and enforcement of the settlement agreement for a period of five years from its effective date.

The City opened the Housing Site in 2022, and by the end of April of that year, Magistrate Judge Newman declared that the city could begin to enforce the ordinances following the terms provided in the settlement agreement, as noted above. On August 25, 2022, the plaintiffs filed a motion to enforce the settlement agreement. On February 24, 2023, Magistrate Judge Newman issued an order after an informal conference, declaring that the City must offer three alternative sites to unhoused individuals when enforcing its ordinances and that when a homeless person goes to one of those alternative sites, the City was not allowed to enforce against that person again for at least 60 days.

On February 5, 2024, this action was reassigned to Chief Magistrate Judge Carolyn K. Delaney, in light of Magistrate Judge Newman’s upcoming retirement.

On June 28, 2024, the Supreme Court of the United States announced its decision in Johnson v. City of Grants Pass, Oregon, 144 S.Ct. 2022 (2024), which held that enforcing bans on sleeping or camping on public property was not prohibited “cruel and unusual punishment” under the Eighth Amendment. In light of the Grants Pass decision, the City of Chico filed a motion for relief from the injunction on August 31, 2024. In their reply brief, the plaintiffs argued that by filing the motion for relief from final judgment, the defendants were engaging in an improper attempt to circumvent the dispute resolution process that they had agreed to in the settlement agreement, which required the parties to meet informally and attend a conference with the magistrate judge before attempting to modify the settlement agreement.

On September 6, 2024, this action was randomly reassigned to District Judge A. Drozd, and as of that date, District Judge Morrison C. England, Jr., was no longer associated with this case.

As of December 4, 2024, the City of Chico’s motion for relief from the preliminary injunction was pending before Judge Drozd.

show full summary

Summary Authors

Nicole Brigstock (12/15/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59995459/parties/warren-v-city-of-chico/

Judge(s)

Drozd, Dale Alan (California)

Attorney for Plaintiff

Bowen, Matthew Kyle (California)

Attorney for Defendant

Colvin, Roger Allen (California)

Expert/Monitor/Master/Other

Berry, Robert Louis (California)

Do, John Thomas (California)

Judge(s)

Drozd, Dale Alan (California)

England, Morrison C. (California)

Attorney for Plaintiff

Bowen, Matthew Kyle (California)

Goldberg, Stephen E. (California)

INACTIVE, Alexander Baughan (California)

Newman, Robert Dexter (California)

Prieto, Alexander Baughan (California)

Rothschild, Richard A. (California)

Steinheimer, Sarah J. (California)

Turner, Cory Albert (California)

Wardrip, Katherine Wieking (California)

Attorney for Defendant

Colvin, Roger Allen (California)

Ewing, Vincent Carlton (California)

Garcia, Christy Marie (California)

Huber, Scott Evan (California)

Ochoa, Tania (California)

Owens, Stephen T. (California)

Salbert, Eric Golas (California)

Expert/Monitor/Master/Other

Berry, Robert Louis (California)

Do, John Thomas (California)

McNeill, Walter P. (California)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1 2:21-cv-00640	Complaint for Injunctive Relief Pursuant to 42 U.S.C. § 1983	April 8, 2021	April 8, 2021 Complaint
32 2:21-cv-00640	Proposed Temporary Restraining Order	April 11, 2021	April 11, 2021 Order/Opinion
34 2:21-cv-00640	First Amended Complaint for Declaratory and Injunctive Relief Pursuant to 42 U.S.C. § 1983	April 11, 2021	April 11, 2021 Complaint
110 2:21-cv-00640	Memorandum and Order	July 8, 2021	July 8, 2021 Order/Opinion 2021 WL 2894648
2:21-cv-00640	Settlement Agreement	Jan. 6, 2022	Jan. 6, 2022 Settlement Agreement
223 2:21-cv-00640	Order Granting Leave to File Sur-reply to the Pending Motion for Relief from Final Judgment	Nov. 15, 2024	Nov. 15, 2024 Order/Opinion 2024 WL 4803960

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59995459/warren-v-city-of-chico/

Last updated Sept. 27, 2025, 12:42 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants by All Plaintiffs. Attorney Steinheimer, Sarah J. added. (Attachments: # (1) Civil Cover Sheet)(Steinheimer, Sarah) 1 Civil Cover Sheet View on PACER	April 8, 2021	April 8, 2021 PACER
2	MOTION to PROCEED IN FORMA PAUPERIS by Bobby Warren. (Steinheimer, Sarah)	April 8, 2021	April 8, 2021 PACER
3	MOTION to PROCEED IN FORMA PAUPERIS by Andy Lambach. (Steinheimer, Sarah)	April 8, 2021	April 8, 2021 PACER
4	MOTION to PROCEED IN FORMA PAUPERIS by Jonathon Williams. (Steinheimer, Sarah)	April 8, 2021	April 8, 2021 PACER
5	MOTION to PROCEED IN FORMA PAUPERIS by Michael Samuelson. (Steinheimer, Sarah)	April 8, 2021	April 8, 2021 PACER
6	MOTION to PROCEED IN FORMA PAUPERIS by Tracy Miller. (Steinheimer, Sarah)	April 8, 2021	April 8, 2021 PACER
7	MOTION to PROCEED IN FORMA PAUPERIS by Tona Petersen. (Steinheimer, Sarah)	April 8, 2021	April 8, 2021 PACER
8	MOTION to PROCEED IN FORMA PAUPERIS by Carol Beth Thompson. (Steinheimer, Sarah)	April 8, 2021	April 8, 2021 PACER
9	MOTION to PROCEED IN FORMA PAUPERIS by Christa Stevens. (Steinheimer, Sarah)	April 8, 2021	April 8, 2021 PACER
	APPLICATION TO PROCEED IFP filed - Court Action Required. (Benson, A.)	April 9, 2021	April 9, 2021 PACER
10	EX PARTE MOTION for TEMPORARY RESTRAINING ORDER filed by Plaintiffs. (Steinheimer, Sarah)	April 10, 2021	April 10, 2021 PACER
11	MEMORANDUM in support of [10] Motion for TRO by Plaintiffs. (Attachments: # (1) Exhibit TRO Checklist, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit)(Steinheimer, Sarah) Modified on 4/12/2021 (Benson, A.). 1 Exhibit TRO Checklist View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER	April 10, 2021	April 10, 2021 PACER
12	DECLARATION of Cory Turner in support of [10] Motion for TRO. (Attachments: # (1) Exhibit, # (2) Exhibit)(Steinheimer, Sarah) Modified on 4/12/2021 (Benson, A.). 1 Exhibit View on PACER 2 Exhibit View on PACER	April 10, 2021	April 10, 2021 PACER
13	DECLARATION of Marin Hambley in support of [10] Motion for TRO. (Steinheimer, Sarah) Modified on 4/12/2021 (Benson, A.).	April 10, 2021	April 10, 2021 PACER
14	DECLARATION of Tona Peterson in support of [10] Motion for TRO. (Attachments: # (1) Exhibit)(Steinheimer, Sarah) Modified on 4/12/2021 (Benson, A.). 1 Exhibit View on PACER	April 10, 2021	April 10, 2021 PACER
15	DECLARATION of Christa Stevens in support of [10] Motion for TRO. (Steinheimer, Sarah) Modified on 4/12/2021 (Benson, A.).	April 10, 2021	April 10, 2021 PACER
16	DECLARATION of Jonathan Williams in support of [10] Motion for TRO. (Steinheimer, Sarah) Modified on 4/12/2021 (Benson, A.).	April 10, 2021	April 10, 2021 PACER
17	DECLARATION of Carol Beth Thompson in support of [10] Motion for TRO. (Attachments: # (1) Exhibit)(Steinheimer, Sarah) Modified on 4/12/2021 (Benson, A.). 1 Exhibit View on PACER	April 10, 2021	April 10, 2021 PACER
18	DECLARATION of Jonathon Williams in support of [10] Motion for TRO. (Steinheimer, Sarah)	April 11, 2021	April 11, 2021 PACER
19	DECLARATION of Andy Lambach in support of [10] Motion for TRO. (Steinheimer, Sarah)	April 11, 2021	April 11, 2021 PACER
20	DECLARATION of Dr. Flojaune G. Cofer in support of [10] Motion for TRO. (Steinheimer, Sarah)	April 11, 2021	April 11, 2021 PACER
21	DECLARATION of Cory Turner. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit)(Steinheimer, Sarah) Modified on 4/12/2021 (Benson, A.). 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER	April 11, 2021	April 11, 2021 PACER
22	DECLARATION of Michael Samuelson in support of [10] Motion for TRO. (Steinheimer, Sarah)	April 11, 2021	April 11, 2021 PACER
23	DECLARATION of Addison Winslow in support of [10] Motion for TRO. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit)(Steinheimer, Sarah) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	April 11, 2021	April 11, 2021 PACER
24	DECLARATION of Patrick Newman in support of [10] Motion for TRO. (Steinheimer, Sarah)	April 11, 2021	April 11, 2021 PACER
25	DECLARATION of Jana Burgess-Henry in support of [10] Motion for TRO. (Steinheimer, Sarah)	April 11, 2021	April 11, 2021 PACER
26	DECLARATION of Nancy Wirtz in support of [10] Motion for TRO. (Steinheimer, Sarah)	April 11, 2021	April 11, 2021 PACER
27	DECLARATION of Bobby Warren in support of [10] Motion for TRO. (Attachments: # (1) Exhibit)(Steinheimer, Sarah) 1 Exhibit View on PACER	April 11, 2021	April 11, 2021 PACER
28	DECLARATION of Tracy Miller in support of [10] Motion for TRO. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit)(Steinheimer, Sarah) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	April 11, 2021	April 11, 2021 PACER
29	DECLARATION of Ryan Finnigan in support of [10] Motion for TRO. (Steinheimer, Sarah)	April 11, 2021	April 11, 2021 PACER
30	REQUEST for JUDICIAL NOTICE re [10] Motion for TRO by All Plaintiffs. (Steinheimer, Sarah) Modified on 4/12/2021 (Benson, A.).	April 11, 2021	April 11, 2021 PACER
31	DECLARATION of Julie Aguilar Rogado in support of [10] Motion for TRO. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit)(Steinheimer, Sarah) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	April 11, 2021	April 11, 2021 PACER
32	PROPOSED ORDER re [10] TRO. (Steinheimer, Sarah) Modified on 4/12/2021 (Benson, A.).	April 11, 2021	April 11, 2021 PACER
33	PROPOSED ORDER re Order to Show Cause re: Preliminary Injunction. (Steinheimer, Sarah)	April 11, 2021	April 11, 2021 PACER
34	FIRST AMENDED COMPLAINT against All Defendants by All Plaintiffs.(Steinheimer, Sarah) Modified on 4/12/2021 (Benson, A.).	April 11, 2021	April 11, 2021 PACER
35	DECLARATION of Sarah J. Steinheimer in support of [10] Motion for TRO,. (Steinheimer, Sarah)	April 11, 2021	April 11, 2021 PACER
36	ORDER of RECUSAL signed by Chief District Judge Kimberly J. Mueller on 4/11/2021: The undersigned hereby RECUSES herself from this action. This case is RANDOMLY REASSIGNED to Senior Judge Morrison C. England, Jr for all further proceedings. Chief District Judge Kimberly J. Mueller no longer assigned to case. New Case Number: 2:21-cv-0640 MCE DMC.(Donati, J)	April 11, 2021	April 11, 2021 PACER
37	ORDER signed by Senior Judge Morrison C. England, Jr. on 4/11/2021; GRANTING 10 Motion for TRO.(Deutsch, S)	April 11, 2021	April 11, 2021 RECAP
38	ORDER TO SHOW CAUSE REGARDING PRELIMINARY INJUNCTION issued by Senior United States District Judge, Morrison C. England, Jr. IT IS HEREBY ORDERED THAT: 1) The hearing on Plaintiffs' motion for a preliminary injunction is SET for April 23, 2021, at 10:00 a.m. before the Honorable Morrison C. England Jr. and will be conducted via Zoom Videoconference. 2) Given that the Plaintiffs' motion for preliminary injunction will be conducted by videoconference, not later than two (2) days prior to the hearing (or any continued hearing date where remote appearances will be necessary) appearing counsel or parties are directed to file with the Court: (1) a waiver of the appearing party's personal appearance signed by t he party; and (2) a proposed order addressing the same. If the parties fail to timely comply with this order, the matter may be continued on the Court's own motion without further notice. 3) Defendants' opposition to Plaintiff's motion for preliminary injunction shall be file and served by April 16, 2021. 4) Plaintiff's reply to Defendants' opposition shall be filed and served by April 20, 2021. 5) There is no cost to Defendants and Plaintiffs are indigent, unhoused persons, so no security bond is required. (Deutsch, S)	April 11, 2021	April 11, 2021 RECAP
39	LETTERS from Public re: [37] Order on TRO. (Attachments: # (1) Letter #2)(Donati, J) 1 Letter #2 View on PACER	April 11, 2021	April 11, 2021 PACER
40	LETTERS from Public re: [37] Order on TRO. (Attachments: # (1) Letter #2, # (2) Letter #3)(Donati, J) 1 Letter #2 View on PACER 2 Letter #3 View on PACER	April 12, 2021	April 12, 2021 PACER
41	MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: Pursuant to 28 U.S.C. section 636 and Local Rule 302, Plaintiffs' Motions to Proceed In Forma Pauperis (ECF Nos. 2-9) are referred to the assigned magistrate judge for expedited resolution. (Deutsch, S) (Entered: 04/13/2021)	April 13, 2021	April 13, 2021 PACER
42	CERTIFICATE OF SERVICE re [19] Declaration, [22] Declaration, [36] Order Reassigning Case, [20] Declaration, [21] Declaration, [17] Declaration, [12] Declaration, [32] Proposed Order, [31] Declaration, [18] Declaration, [15] Declaration, [11] Memorandum in Support of Motion, [25] Declaration, [33] Proposed Order, [35] Declaration, [29] Declaration, [28] Declaration, [27] Declaration, [24] Declaration, [26] Declaration, [16] Declaration, [14] Declaration, [13] Declaration, [23] Declaration, [30] Request for Judicial Notice by Plaintiffs. (Attachments: # (1) Certificate of Service )(Steinheimer, Sarah) Modified on 4/15/2021 (Kastilahn, A). 1 Certificate of Service View on PACER	April 14, 2021	April 14, 2021 PACER
43	CERTIFICATE OF SERVICE re [38] Order, [37] Order, by Plaintiffs. (Attachments: # (1) Certificate of Service)(Steinheimer, Sarah) Modified on 4/15/2021 (Kastilahn, A). 1 Certificate of Service View on PACER	April 14, 2021	April 14, 2021 PACER
44	SECOND REQUEST for JUDICIAL NOTICE by Plaintiffs. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit)(Steinheimer, Sarah) Modified on 4/15/2021 (Kastilahn, A). 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER	April 14, 2021	April 14, 2021 PACER
45	ORDER signed by Magistrate Judge Dennis M. Cota on 4/15/2021 GRANTING 2 Motion to Proceed IFP. (Zignago, K.)	April 15, 2021	April 15, 2021 RECAP
46	ORDER signed by Magistrate Judge Dennis M. Cota on 4/15/2021 GRANTING 3 Motion to Proceed IFP. (Zignago, K.)	April 15, 2021	April 15, 2021 RECAP
47	ORDER signed by Magistrate Judge Dennis M. Cota on 4/15/2021 GRANTING 4 Motion to Proceed IFP. (Zignago, K.)	April 15, 2021	April 15, 2021 RECAP
48	ORDER signed by Magistrate Judge Dennis M. Cota on 4/15/2021 GRANTING 5 Motion to Proceed IFP. (Zignago, K.)	April 15, 2021	April 15, 2021 RECAP
49	ORDER signed by Magistrate Judge Dennis M. Cota on 4/15/2021 GRANTING 6 Motion to Proceed IFP. (Zignago, K.)	April 15, 2021	April 15, 2021 RECAP
50	ORDER signed by Magistrate Judge Dennis M. Cota on 4/15/2021 GRANTING 7 Motion to Proceed IFP. (Zignago, K.)	April 15, 2021	April 15, 2021 RECAP
51	ORDER signed by Magistrate Judge Dennis M. Cota on 4/15/2021 GRANTING 8 Motion to Proceed IFP. (Zignago, K.)	April 15, 2021	April 15, 2021 RECAP
52	ORDER signed by Magistrate Judge Dennis M. Cota on 4/15/2021 GRANTING 9 Motion to Proceed IFP. (Zignago, K.)	April 15, 2021	April 15, 2021 RECAP
53	SUMMONS ISSUED as to City of Chico, City of Chico Police Department with answer to complaint due within 21 days. Attorney Sarah J. Steinheimer Legal Services of Northern California 517 12th Street Sacramento, CA 95814. (Zignago, K.)	April 15, 2021	April 15, 2021 PACER
54	CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # (1) Consent Form, # (2) VDRP) (Zignago, K.) 1 Consent Form View on PACER 2 VDRP View on PACER	April 15, 2021	April 15, 2021 PACER
55	DECLARATION of Cory Turner in support of [10] Motion for TRO. Attorney Turner, Cory Albert added. (Attachments: # (1) Exhibit, # (2) Exhibit)(Turner, Cory) 1 Exhibit View on PACER 2 Exhibit View on PACER	April 15, 2021	April 15, 2021 PACER
56	THIRD REQUEST for JUDICIAL NOTICE in Support of Motion for Preliminary Injunction by Andy Lambach, et al., (Attachments: # (1) Exhibit)(Turner, Cory) Modified on 4/21/2021 (Benson, A.). 1 Exhibit View on PACER	April 15, 2021	April 15, 2021 PACER
57	OPPOSITION to Motion for Preliminary Injuction by City of Chico, City of Chico Police Department. Attorney Colvin, Roger Allen added. (Attachments: # (1) Declaration of Mark Orme, # (2) Declaration of Paul Ratto)(Colvin, Roger) Modified on 4/21/2021 (Benson, A.). 1 Declaration of Mark Orme View on RECAP 2 Declaration of Paul Ratto View on RECAP	April 16, 2021	April 16, 2021 RECAP
58	REQUEST for WAIVER of Personal Appearance at Hearing by City of Chico, City of Chico Police Department. (Attachments: # (1) Proposed Order)(Colvin, Roger) Modified on 4/20/2021 (Becknal, R). 1 Proposed Order View on PACER	April 19, 2021	April 19, 2021 PACER
59	REQUEST for WAIVER of Personal Appearance at Hearing by Andy Lambach, Tracy Miller, Tona Petersen, Michael Samuelson, Christa Stevens, Carol Beth Thompson, Bobby Warren, Jonathon Williams. (Attachments: # (1) Proposed Order)(Steinheimer, Sarah) 1 Proposed Order View on PACER	April 20, 2021	April 20, 2021 PACER
60	REPLY by Andy Lambach, et al., re [57] Opposition. (Attachments: # (1) Supplemental Declaration of Marin Hambley, # (2) Declaration of Patrick Telles, # (3) Declaration of Edward S. Mayer, # (4) Declaration of Lori Weber, # (5) Declaration of Randy McPeak, # (6) Declaration of Shaon Jones, # (7) Declaration of James Snyder, # (8) Supplemental Declaration of Bobby Warren, # (9) Supplemental Declaration of Carol Beth Thompson, # (10) Supplemental Declaration of Jonathon Williams)(Steinheimer, Sarah) Modified on 4/21/2021 (Benson, A.). 1 Declaration of Marin Hambley (Supplemental) View on PACER 2 Declaration of Patrick Telles View on PACER 3 Declaration of Edward S. Mayer View on PACER 4 Declaration of Lori Weber View on PACER 5 Declaration of Randy McPeak View on PACER 6 Declaration of Shaon Jones View on PACER 7 Declaration of James Snyder View on PACER 8 Declaration of Bobby Warren (Supplemental) View on PACER 9 Declaration of Carol Beth Thompson (Supplemental) View on PACER 10 Declaration of Jonathon Williams (Supplemental) View on PACER	April 20, 2021	April 20, 2021 PACER
61	SUPPLEMENTAL DECLARATION of Cory Turner in support of [60] Reply. (Attachments: # (1) Exhibit)(Steinheimer, Sarah) Modified on 4/21/2021 (Benson, A.). 1 Exhibit View on PACER	April 20, 2021	April 20, 2021 PACER
62	FOURTH REQUEST for JUDICIAL NOTICE in Support of Motion for Preliminary Injunction by Andy Lambach, et al.,. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit)(Steinheimer, Sarah) Modified on 4/21/2021 (Benson, A.). 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	April 20, 2021	April 20, 2021 PACER
63	OBJECTIONS by Plaintiffs to [57] Declarations of Ratto and Orme. (Steinheimer, Sarah) Modified on 4/21/2021 (Benson, A.).	April 20, 2021	April 20, 2021 PACER
64	ORDER signed by Senior Judge Morrison C. England, Jr on 4/21/2021 GRANTING 58 Request for waiver of personal appearance. (Mena-Sanchez, L)	April 21, 2021	April 21, 2021 RECAP
65	ORDER signed by Senior Judge Morrison C. England, Jr. on 4/21/2021 GRANTING 59 Request for waiver of personal appearance. (Mena-Sanchez, L)	April 21, 2021	April 21, 2021 RECAP
66	MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: Not later than 4:00 p.m. on Thursday, April 22, 2021, Defendants are directed to file supplemental briefing explaining to the Court with specific citations to the applicable ordinances exactly where and during what times during each twenty-four hour period homeless individuals are permitted to sit, sleep, and perform other life-sustaining activities, without running the risk of being arrested or cited simply based on their presence. Defendants should also advise as to what types of possessions (e.g., tents, sleeping bags, etc.) will be permitted in order for Plaintiffs to be able to ensure they comply with the City's ordinances. (Deutsch, S) (Entered: 04/21/2021)	April 21, 2021	April 21, 2021 PACER
67	SUMMONS RETURNED EXECUTED: City of Chico served on 4/21/2021, answer due 5/12/2021. (Attachments: # (1) Proof of Service)(Steinheimer, Sarah) 1 Proof of Service View on PACER	April 22, 2021	April 22, 2021 PACER
68	SUMMONS RETURNED EXECUTED: City of Chico Police Department served on 4/22/2021, answer due 5/13/2021. (Attachments: # (1) Proof of Service)(Steinheimer, Sarah) 1 Proof of Service on Defendant Chico Police Department View on PACER	April 22, 2021	April 22, 2021 PACER
69	PROOF of SERVICE of [67], [68] on defense counsel. (Attachments: # (1) Proof of Service on Attorneys of All Defendants)(Steinheimer, Sarah) Modified on 4/23/2021 (Benson, A.). 1 Proof of Service on Attorneys of All Defendants View on PACER	April 22, 2021	April 22, 2021 PACER
70	EVIDENTIARY OBJECTIONS by Defendants Declarations [13] - [22]; [27], [28] and [61] . (Colvin, Roger) Modified on 4/23/2021 (Benson, A.).	April 22, 2021	April 22, 2021 PACER
71	MINUTES (Text Only) for proceedings held via videoconference before Senior Judge Morrison C. England, Jr.: MOTION HEARING held on 4/23/2021. After argument from counsel and on the Court's own motion, the hearing on Plaintiffs' Motion for Preliminary Injunction was CONTINUED to 5/14/2021 at 10:00 am to be conducted by videoconference. The 37 Order granting Plaintiffs' Motion for Temporary Restraining Order is CONFIRMED through 5/14/2021. Plaintiffs' Counsel Sarah Steinheimer, Cory Turnery, and Stephen Goldberg, all present by videoconference. Defendants' Counsel Vincent Ewing and Eric Salbert, present by videoconference. Court Reporter: Thresha Spencer. (Deutsch, S) (Entered: 04/23/2021)	April 23, 2021	April 23, 2021 PACER
72	TRANSCRIPT of Plaintiff's Motion for Preliminary Injunction held on 4/23/2021, before Senior Judge Morrison C. England, Jr, filed by Court Reporter Thresha Spencer, Phone number 916-730-2269 E-mail Thresha.csr@gmail.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/17/2021. Redacted Transcript Deadline set for 5/27/2021. Release of Transcript Restriction set for 7/26/2021. (Spencer, T)	April 26, 2021	April 26, 2021 PACER
73	TRANSCRIPT REQUEST for proceedings held on April 23, 2021 before Judge Morrison C. England, Jr. Court Reporter Thresha Spencer. (Rivas, A).	April 26, 2021	April 26, 2021 PACER
76	LETTER from Michelle Hale re: [37] Order on TRO. (Mena-Sanchez, L)	April 26, 2021	April 26, 2021 PACER
74	TRANSCRIPT REQUEST by City of Chico, City of Chico Police Department for proceedings held on April 23, 2021 before Judge Morrison C. England, Jr.. Court Reporter Thresha Spencer. (Colvin, Roger)	April 27, 2021	April 27, 2021 PACER
75	TRANSCRIPT REQUEST by Andy Lambach, Tracy Miller, Tona Petersen, Michael Samuelson, Christa Stevens, Carol Beth Thompson, Bobby Warren, Jonathon Williams for proceedings held on 04/23/2021 before Judge Senior Judge Morrison C. England, Jr. Court Reporter Thresha Spencer. (Steinheimer, Sarah)	April 28, 2021	April 28, 2021 PACER
79	LETTERS from Public re: [37] Order on TRO. (Kastilahn, A)	May 6, 2021	May 6, 2021 PACER
77	STIPULATION to Extend Time for Responsive Pleading by Andy Lambach, et al., (Steinheimer, Sarah)	May 7, 2021	May 7, 2021 PACER
78	STIPULATION and PROPOSED ORDER to Extend TRO and Continue Preliminary Injunction Hearing re [37] Order, by Andy Lambach, et al., (Steinheimer, Sarah) Modified on 5/10/2021 (Kastilahn, A).	May 7, 2021	May 7, 2021 PACER
80	ORDER signed by Senior Judge Morrison C. England, Jr. on 5/10/2021 CONTINUING Preliminary Injunction Hearing to 6/11/2021 at 10:00 AM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. A Joint Status Statement due by 6/4/2021.(Reader, L)	May 10, 2021	May 10, 2021 RECAP
81	LETTER from Public re: [37] Order on TRO. (Kastilahn, A)	May 10, 2021	May 10, 2021 PACER
82	NOTICE OF ASSOCIATION OF COUNSEL by Alexander Baughan Prieto on behalf of Andy Lambach, Tracy Miller, Tona Petersen, Michael Samuelson, Christa Stevens, Carol Beth Thompson, Bobby Warren, Jonathon Williams. Attorney Prieto, Alexander Baughan added. (Prieto, Alexander) Modified on 6/2/2021 (Kaminski, H).	June 2, 2021	June 2, 2021 PACER
83	STIPULATION and PROPOSED ORDER to extend TRO and Continue Preliminary Injunction Hearing by Andy Lambach, et al., (Steinheimer, Sarah) Modified on 6/7/2021 (Benson, A.).	June 4, 2021	June 4, 2021 PACER
84	STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/4/2021 EXTENDING TRO and CONTINUING Preliminary Injunction Hearing to 6/25/2021 at 10:00 AM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. The parties shall file a joint status statement informing the Court of the status of their discussions no later than 6/18/2021. The terms of the Temporary Restraining Order 37 are extended through 6/25/2021 or any date for which this Court sets a hearing on Plaintiffs' Preliminary Injunction, if later than 6/25/2021. (Mena-Sanchez, L)	June 4, 2021	June 4, 2021 RECAP
85	LETTER from Public re: [37] Order on TRO. (York, M)	June 7, 2021	June 7, 2021 PACER
86	ANSWER by City of Chico, City of Chico Police Department.(Colvin, Roger)	June 9, 2021	June 9, 2021 RECAP
87	STIPULATION and PROPOSED ORDER to EXTEND TRO and Continue Preliminary Injunction Hearing by Andy Lambach, et al., (Turner, Cory) Modified on 6/22/2021 (Benson, A.).	June 18, 2021	June 18, 2021 PACER
88	STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/18/2021. The Court hereby adopts the stipulation of the parties as its order. The June 25, 2021 hearing on Plaintiffs' Motion for Preliminary Injunction is VACATED and CONTINUED to July 2, 2021 at 10:00 a.m. in Courtroom 7. (Deutsch, S)	June 18, 2021	June 18, 2021 RECAP
89	MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: Having reviewed the parties' stipulation to continue the hearing on Plaintiffs' request for a preliminary injunction, the court is aware that the parties' are amenable to having this case referred to the magistrate judge for a settlement conference. Not later than Monday, June 21, 2021, the parties are directed to file a Joint Status Report advising the Court if they will stipulate to extend the existing TRO through completion of that conference. (Deutsch, S) (Entered: 06/20/2021)	June 20, 2021	June 20, 2021 PACER
90	SUPPLEMENTAL BRIEF re Motion for Preliminary Injunction filed by City of Chico, City of Chico Police Department. (Attachments: # (1) Declaration of Erik Gustafson, # (2) Declaration of G. Keeney, # (3) Declaration of L. Cootsona, # (4) Declaration of M. Orme, # (5) Declaration of N. Prinze, # (6) Declaration of S. Standridge)(Colvin, Roger) 1 Declaration of Erik Gustafson View on PACER 2 Declaration of G. Keeney View on PACER 3 Declaration of L. Cootsona View on PACER 4 Declaration of M. Orme View on PACER 5 Declaration of N. Prinze View on PACER 6 Declaration of S. Standridge View on PACER	June 21, 2021	June 21, 2021 PACER
91	STIPULATION and PROPOSED ORDER to MODIFY Initial Pretrial Scheduling Order by Andy Lambach, et al., . (Turner, Cory) Modified on 6/22/2021 (Benson, A.).	June 21, 2021	June 21, 2021 PACER
92	JOINT STATUS REPORT by City of Chico, City of Chico Police Department. (Colvin, Roger)	June 21, 2021	June 21, 2021 PACER
93	AMENDED [90] DECLARATION of Mark Orme by City of Chico, City of Chico Police Department. (Colvin, Roger) Modified on 6/23/2021 (Benson, A.).	June 23, 2021	June 23, 2021 PACER
94	LETTER from Public re: [37] Order on TRO. (Benson, A.)	June 23, 2021	June 23, 2021 PACER
95	LETTER from Public re: [37] Order on TRO. (Benson, A.)	June 24, 2021	June 24, 2021 PACER
96	OBJECTIONS by Plaintiffs Andy Lambach, et al to [90] Brief. (Steinheimer, Sarah) Modified on 6/29/2021 (Tupolo, A).	June 28, 2021	June 28, 2021 PACER
97	SUPPLEMENTAL BRIEF in support of Preliminary Injunction filed by Andy Lambach, et al., Jonathon Williams. (Attachments: # (1) Declaration of Leah Bailey, # (2) Declaration of Kenneth Logan, # (3) Declaration of Rupa Basu, # (4) Declaration of Richard Narad, # (5) Declaration of Lori Mason, # (6) Declaration of Colin DeForrest, # (7) Declaration of Steve Breedlove, # (8) Declaration of Thomas Covington, # (9) Declaration of Leanna Woodbury, # (10) Declaration of Michael Samuelson, # (11) Declaration of Nancy Wirtz, # (12) Declaration of Kristy Smith, # (13) Declaration of Sue Charleton, # (14) Declaration of Tona Petersen, # (15) Declaration of Michael Rios, # (16) Declaration of Jonathan Williams, # (17) Declaration of Addison Winslow)(Steinheimer, Sarah) Modified on 6/29/2021 (Tupolo, A). 1 Declaration of Leah Bailey View on PACER 2 Declaration of Kenneth Logan View on PACER 3 Declaration of Rupa Basu View on PACER 4 Declaration of Richard Narad View on PACER 5 Declaration of Lori Mason View on PACER 6 Declaration of Colin DeForrest View on PACER 7 Declaration of Steve Breedlove View on PACER 8 Declaration of Thomas Covington View on PACER 9 Declaration of Leanna Woodbury View on PACER 10 Declaration of Michael Samuelson View on PACER 11 Declaration of Nancy Wirtz View on PACER 12 Declaration of Kristy Smith View on PACER 13 Declaration of Sue Charleton View on PACER 14 Declaration of Tona Petersen View on PACER 15 Declaration of Michael Rios View on PACER 16 Declaration of Jonathan Williams View on PACER 17 Declaration of Addison Winslow View on PACER	June 28, 2021	June 28, 2021 PACER
98	REQUEST for JUDICIAL NOTICE by Andy Lambach, Tracy Miller, Tona Petersen, Michael Samuelson, Christa Stevens, Carol Beth Thompson, Bobby Warren, Jonathon Williams in re [97] Brief. (Steinheimer, Sarah)	June 28, 2021	June 28, 2021 PACER
99	MOTION for LEAVE to FILE ATTACHED BRIEF filed by Amici Curiae (ACLU et al.). Attorney Do, John Thomas H. added. (Attachments: # (1) Exhibit Brief of Amici Curiae, # (2) Declaration Steven Love, # (3) Declaration Tara Coughlin)(Do, John Thomas) Modified on 7/2/2021 (Tupolo, A). 1 Exhibit Brief of Amici Curiae View on PACER 2 Declaration Steven Love View on PACER 3 Declaration Tara Coughlin View on PACER	June 30, 2021	June 30, 2021 PACER

show / hide docket entries

Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Policing

Public Housing

Key Dates

Filing Date: April 8, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Involuntarily unhoused residents of Chico, California, who are at immediate risk of being cited, arrested, and prosecuted for sleeping, sitting, lying, and resting in the City of Chico.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Chico (Butte), City

Defendant Type(s):

Law-enforcement