Case: Prado v. City of Berkeley

3:23-cv-04537 | U.S. District Court for the Northern District of California

Filed Date: Sept. 4, 2023

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) This lawsuit, brought on September 3, 2023, in the US District Court for the Northern District of California, sought to stop the City of Berkeley from evicting unhoused people from an encampment without providing notice and alternative shelter. The court granted a temporary restraining order on September 5, 2023.

Related Cases

Parnell v. City of Berkeley, Northern District of California (2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67759201/parties/prado-v-city-of-berkeley/


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Documents in the Clearinghouse

Document
1

3:23-cv-04537

Complaint for Declaratory and Injunctive Relief

Sept. 4, 2023

Sept. 4, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67759201/prado-v-city-of-berkeley/

Last updated Aug. 17, 2025, 9:47 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against City of Berkeley. Filed by Yesica Prado, Lucian Jeffords, Angel Kennett, Erin Spencer. (Nicoletti, Brigitte) (Filed on 9/4/2023) (Entered: 09/04/2023)

Sept. 4, 2023

Sept. 4, 2023

Clearinghouse
2

Emergency MOTION for Temporary Restraining Order and Request for Order by 6am 9-4-23 filed by Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer. (Attachments: # 1 Proposed Order, # 2 of Angel Kennett, # 3 of Yesica Prado, # 4 of Lucian Jeffords, # 5 of Erin Spencer, # 6 of Ian Cordova Morales Rogers, # 7 of Brigitte Nicoletti)(Nicoletti, Brigitte) (Filed on 9/4/2023) (Entered: 09/04/2023)

Sept. 4, 2023

Sept. 4, 2023

PACER
3

Civil Cover Sheet by Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer . (Nicoletti, Brigitte) (Filed on 9/4/2023) (Entered: 09/04/2023)

Sept. 4, 2023

Sept. 4, 2023

PACER
4

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer.. (Nicoletti, Brigitte) (Filed on 9/4/2023) (Entered: 09/04/2023)

Sept. 4, 2023

Sept. 4, 2023

PACER
5

Proposed Summons. (Nicoletti, Brigitte) (Filed on 9/4/2023) (Entered: 09/04/2023)

Sept. 4, 2023

Sept. 4, 2023

PACER
6

NOTICE of Appearance by Melissa Riess (Riess, Melissa) (Filed on 9/4/2023) (Entered: 09/04/2023)

Sept. 4, 2023

Sept. 4, 2023

PACER
7

First MOTION for Leave to Proceed in forma pauperis for Yesica Prado filed by Yesica Prado. (Nicoletti, Brigitte) (Filed on 9/4/2023) (Entered: 09/04/2023)

Sept. 4, 2023

Sept. 4, 2023

PACER
8

CERTIFICATE OF SERVICE by Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer re 4 Consent/Declination to Proceed Before a US Magistrate Judge, 2 Emergency MOTION for Temporary Restraining Order and Request for Order by 6am 9-4-23 (Nicoletti, Brigitte) (Filed on 9/4/2023) (Entered: 09/04/2023)

Sept. 4, 2023

Sept. 4, 2023

PACER
9

Declaration of Brigitte Nicoletti in Support of 2 Emergency MOTION for Temporary Restraining Order and Request for Order by 6am 9-4-23 Second Declaration of Brigitte Nicoletti filed byLucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer. (Related document(s) 2 ) (Nicoletti, Brigitte) (Filed on 9/4/2023) (Entered: 09/04/2023)

Sept. 4, 2023

Sept. 4, 2023

PACER
10

NOTICE of Appearance by Suzan Sabyl Cohen Landrum (Landrum, Suzan Sabyl) (Filed on 9/4/2023) (Entered: 09/04/2023)

Sept. 4, 2023

Sept. 4, 2023

PACER
11

ORDER by Judge Yvonne Gonzalez Rogers granting 2 Motion for TRO; granting 7 Motion for Leave to Proceed in forma pauperis. (ygrlc2, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

RECAP

Remark

Sept. 5, 2023

Sept. 5, 2023

PACER

~Util - Case Assigned by Intake

Sept. 5, 2023

Sept. 5, 2023

PACER
12

Case assigned to Judge Edward M Chen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
13

Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 12/12/2023. Initial Case Management Conference set for 12/19/2023 at 1:30 PM in San Francisco, Courtroom 05, 17th Floor. (Attachments: # 1 Notice of Eligibility for Video Recording)(wsn, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
14

Summons Issued as to City of Berkeley. (Attachments: # 1 USM-285)(wsn, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER

Copy of 11 Order Granting Ex Parte Motion, emailed to plaintiffs' counsel per 11 Order. (wsn, COURT STAFF) (Filed on 9/5/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
15

ORDER re TRO and Preliminary Injunction Hearing. Signed by Judge Edward M. Chen on 9/5/2023. (emclc2, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

RECAP
16

CLERK'S NOTICE SETTING MOTION HEARING. Motion Hearing as to 2 Emergency MOTION for Temporary Restraining Order and Request for Order by 6am 9-4-23 set for 9/27/2023, at 10:30 AM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. ALL PARTIES PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 10:20 AM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) (Filed on 9/6/2023) (Entered: 09/06/2023)

Sept. 6, 2023

Sept. 6, 2023

PACER

Clerk's Notice Setting Zoom Hearing

Sept. 6, 2023

Sept. 6, 2023

PACER

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

Sept. 6, 2023

Sept. 6, 2023

PACER
17

CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE AND SETTING ZOOM HEARING. Joint Case Management Statement due by 1/2/2024. Initial Case Management Conference reset from 12/19/2023 to 1/9/2024, at 1:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 9/6/2023) (Entered: 09/06/2023)

Sept. 6, 2023

Sept. 6, 2023

PACER
18

SUMMONS Returned Executed City of Berkeley served on 9/7/2023, answer due 9/28/2023. (wsn, COURT STAFF) (Filed on 9/7/2023) (Entered: 09/07/2023)

Sept. 7, 2023

Sept. 7, 2023

PACER
19

AFFIDAVIT of Service for Orders, summons, complaint, TRO and supporting decs Emily Reed for Plaintiffs served on City of Berkeley on 09/06/2023, filed by Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer. (Landrum, Suzan Sabyl) (Filed on 9/7/2023) (Entered: 09/07/2023)

Sept. 7, 2023

Sept. 7, 2023

PACER
20

Emergency MOTION for Temporary Restraining Order to extend existing TRO filed by Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer. (Attachments: # 1 Declaration Bixby, # 2 Declaration Clardy, # 3 Declaration White, # 4 Declaration Neumann, # 5 Declaration Landrum, # 6 Proposed Order)(Landrum, Suzan Sabyl) (Filed on 9/10/2023) (Entered: 09/10/2023)

Sept. 10, 2023

Sept. 10, 2023

PACER
21

ORDER by Judge Yvonne Gonzalez Rogers denying 20 Plaintiffs' Emergency Motion to Extend TRO. (emclc2, COURT STAFF) (Filed on 9/11/2023) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

RECAP
22

OPPOSITION/RESPONSE (re 2 Emergency MOTION for Temporary Restraining Order and Request for Order by 6am 9-4-23 ) filed by City of Berkeley. (Attachments: # 1 Declaration Declaration of Peter Radu in Support of Opposition to TRO, # 2 Declaration of Ronald Torres in Support of Opposition to TRO, # 3 Declaration of Shannon Shaffer-Killey in Support of Opposition to TRO, # 4 Declaration of Marc Shapp in Support of Opposition to TRO)(Shapp, Marc) (Filed on 9/13/2023) Modified on 9/21/2023 (kmg, COURT STAFF). (Entered: 09/13/2023)

Sept. 13, 2023

Sept. 13, 2023

PACER
23

REPLY (re 2 Emergency MOTION for Temporary Restraining Order and Request for Order by 6am 9-4-23 ) filed byLucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer. (Riess, Melissa) (Filed on 9/18/2023) (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

PACER
24

NOTICE of Appearance by Ashley Carter (Carter, Ashley) (Filed on 9/22/2023) (Entered: 09/22/2023)

Sept. 22, 2023

Sept. 22, 2023

PACER
25

Minute Entry for proceedings held before Judge Edward M Chen: Motion Hearing held on 9/27/2023 re 2 Emergency MOTION for Temporary Restraining Order and Request for Order by 6am 9-4-23. Total Time in Court: 52 Minutes. Court Reporter: Kelly Shainline. (vla, COURT STAFF) (Date Filed: 9/27/2023) (Entered: 09/27/2023)

Sept. 27, 2023

Sept. 27, 2023

PACER
26

ORDER by Judge Edward M. Chen denying 2 Plaintiffs' Motion for Preliminary Injunction. (emclc2, COURT STAFF) (Filed on 9/27/2023) (Entered: 09/27/2023)

Sept. 27, 2023

Sept. 27, 2023

RECAP
27

MOTION to Dismiss Complaint, MOTION to Dismiss for Lack of Jurisdiction filed by City of Berkeley. Motion Hearing set for 11/16/2023 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M Chen. Responses due by 10/12/2023. Replies due by 10/19/2023. (Attachments: # 1 Proposed Order [Proposed] Order Granting Defendant's Motion to Dismiss)(Shapp, Marc) (Filed on 9/28/2023) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

PACER
28

CLERK'S NOTICE RESCHEUDLING MOTION HEARING. Motion Hearing as to 27 MOTION to Dismiss Complaint; MOTION to Dismiss for Lack of Jurisdiction reset from 11/16/2023 to 1/11/2024, at 1:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 9/29/2023) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

PACER

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

Sept. 29, 2023

Sept. 29, 2023

PACER
29

TRANSCRIPT ORDER for proceedings held on 09/27/2023 before Judge Edward M Chen by City of Berkeley, for Court Reporter Kelly Shainline. (Shapp, Marc) (Filed on 9/29/2023) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

PACER
30

Transcript of Proceedings held on 9/27/2023, before Judge Edward M. Chen. Court Reporter/Transcriber Kelly Shainline, Official Court Reporter, telephone number (510) 828-9404, E-mail kelly_shainline@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 29 Transcript Order ) Release of Transcript Restriction set for 1/2/2024. (Related documents(s) 29 ) (Shainline, Kelly) (Filed on 10/2/2023) (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER
31

STIPULATION WITH PROPOSED ORDER to Extend Plaintiffs' Deadline to File First Amended Complaint filed by Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer. (Riess, Melissa) (Filed on 10/13/2023) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

PACER
32

NOTICE of Appearance by Jameelah Najieb (Najieb, Jameelah) (Filed on 10/13/2023) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

PACER
33

Order by Judge Edward M Chen GRANTING 31 STIPULATED REQUEST FOR AN ORDER TO EXTEND PLAINTIFFS' DEADLINE TO FILE FIRST AMENDED COMPLAINT.(vla, COURT STAFF) (Filed on 10/16/2023) (Entered: 10/16/2023)

Oct. 16, 2023

Oct. 16, 2023

PACER
34

MOTION for Leave to File Motion For Reconsideration filed by City of Berkeley. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit)(Shapp, Marc) (Filed on 10/18/2023) (Entered: 10/18/2023)

Oct. 18, 2023

Oct. 18, 2023

PACER
35

TRANSCRIPT ORDER for proceedings held on 9/27/2023 before Judge Edward M Chen by Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer, for Court Reporter Kelly Shainline. (Riess, Melissa) (Filed on 10/20/2023) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER
36

ORDER. Signed by Judge Edward M. Chen on 10/23/2023. (vla, COURT STAFF) (Filed on 10/23/2023) (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

PACER
37

MOTION to Withdraw 34 MOTION for Leave to File Motion For Reconsideration filed by City of Berkeley. Responses due by 11/9/2023. Replies due by 11/16/2023. (Carter, Ashley) (Filed on 10/26/2023) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

PACER
38

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by City of Berkeley. Appeal of Order on Motion for TRO 26 (Appeal fee FEE WAIVED.) (Attachments: # 1 Supplement)(Shapp, Marc) (Filed on 10/26/2023) No. 23-3140 Modified on 10/30/2023 (wsn, COURT STAFF). (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

PACER
39

USCA Case Number 23-3140 U.S. Court of Appeals for the Ninth Circuit for 38 Notice of Appeal to the Ninth Circuit, filed by City of Berkeley. (wsn, COURT STAFF) (Filed on 10/30/2023) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER
40

Transcript Designation Form (Attachments: # 1 Certificate/Proof of Service)(Shapp, Marc) (Filed on 11/3/2023) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
41

CLASS ACTION FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief against City of Berkeley. Filed by Angel Kennett, Erin Spencer, Lucian Jeffords, Yesica Prado, Amber Whitson, Barbara Geib, Monique Williams, Rufus Lee White, Where Do We Go Berkeley, Jermaine White. (Riess, Melissa) (Filed on 11/10/2023) (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

PACER
42

Emergency Motion for Enforcement of this Court's Order 26 and for an Order to Show Cause Why Sanctions Should not be Issue and Other Relief re 26 Order on Motion for TRO filed by Barbara Geib, Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer, Where Do We Go Berkeley, Jermaine White, Rufus Lee White, Amber Whitson, Monique Williams. Motion Hearing set for 12/21/2023 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. Responses due by 11/27/2023. Replies due by 12/4/2023. (Attachments: # 1 Proposed Order, # 2 Declaration of Erin Spencer, # 3 Declaration of Brigitte Nicoletti, # 4 Declaration of Jameelah Najieb) (Riess, Melissa) (Filed on 11/13/2023) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

Nov. 13, 2023

Nov. 13, 2023

PACER
43

NOTICE of Appearance by Thomas Osha Neumann (Neumann, Thomas) (Filed on 11/13/2023) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER
44

Notice of Withdrawal of Motion (Shapp, Marc) (Filed on 11/13/2023) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER
45

ORDER Temporarily Enjoining Encampment Closure. See Docket No. 42 . The Court shall hold a hearing on 42 Plaintiffs' motion on November 14, 2023, at 1:30 p.m. Signed by Judge Edward M. Chen on 11/13/2023. (emclc2, COURT STAFF) (Filed on 11/13/2023) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

RECAP
46

CLERK'S NOTICE SETTING MOTION HEARING. Motion Hearing as to 42 Emergency MOTION ENFORCEMENT OF THIS COURTS ORDER (ECF NO. 26) AND FOR AN ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE AND OTHER RELIEF re 26 Order on Motion for TRO set for 11/14/2023, at 1:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) (Filed on 11/13/2023) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER
47

OPPOSITION/RESPONSE (re 42 Emergency Motion for Enforcement of this Court's Order (ECF No. 26) and for an Order to Show Cause Why Sanctions Should not Issue and Other Relief re 26 Order on Motion for TRO) filed by City of Berkeley. (Attachments: # 1 Declaration, # 2 Declaration)(Shapp, Marc) (Filed on 11/14/2023) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
48

Declaration of Peter Radu in Support of Opposition (re 42 Emergency filed by City of Berkeley. (Shapp, Marc) (Filed on 11/14/2023) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
49

DECLARATION of Peter Radu in Opposition to 48 Opposition/Response to Motion, 42 Emergency Motion for Enforcement of this Court's Order (ECF No. 26) and for an Order to Show Cause Why Sanctions Should not Issue and Other Relief re 26 Order on Motion for TRO, 47 Opposition/Response to Motion filed by City of Berkeley. (Attachments: # 1 Exhibit, # 2 Exhibit)(Related document(s) 48, 42, 47 ) (Shapp, Marc) (Filed on 11/14/2023) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
50

Minute Entry for proceedings held before Judge Edward M Chen: Motion Hearing held on 11/14/2023 re 42 Emergency MOTION ENFORCEMENT OF THIS COURTS ORDER (ECF NO. 26) AND FOR AN ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE AND OTHER RELIEF re 26 Order on Motion for TRO. Total Time in Court: 36 Minutes. Court Reporter: Marla Knox. (vla, COURT STAFF) (Date Filed: 11/15/2023) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

PACER
51

MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint filed by City of Berkeley. Motion Hearing set for 1/11/2024 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. Responses due by 12/6/2023. Replies due by 12/13/2023. (Attachments: # 1 Proposed Order [Proposed] Order Granting Defendant's Motion to Dismiss First Amended Complaint, # 2 Supplement Request for Judicial Notice In Support of Motion to Dismiss First Amended Complaint)(Shapp, Marc) (Filed on 11/22/2023) (Entered: 11/22/2023)

Nov. 22, 2023

Nov. 22, 2023

PACER
52

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Riess, Melissa) (Filed on 11/28/2023) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
53

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Carter, Ashley) (Filed on 12/1/2023) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
54

OPPOSITION/RESPONSE (re 51 MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint ) filed byBarbara Geib, Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer, Where Do We Go Berkeley, Jermaine White, Rufus Lee White, Amber Whitson, Monique Williams. (Riess, Melissa) (Filed on 12/6/2023) (Entered: 12/06/2023)

Dec. 6, 2023

Dec. 6, 2023

PACER
55

ORDER REFERRING CASE FOR DETERMINATION OF RELATEDNESS, AND ORDERING DEFENDANT TO MAINTAIN STATUS QUO. Signed by Chief Judge Richard Seeborg on 12/12/2023. (cl, COURT STAFF) (Filed on 12/12/2023) (Entered: 12/12/2023)

Dec. 12, 2023

Dec. 12, 2023

RECAP
56

ORDER RELATING CASE. Signed by Judge Edward M. Chen on 12/13/2023. (vla, COURT STAFF) (Filed on 12/13/2023) (Entered: 12/13/2023)

Dec. 13, 2023

Dec. 13, 2023

PACER
57

REPLY (re 51 MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint ) filed byCity of Berkeley. (Shapp, Marc) (Filed on 12/13/2023) (Entered: 12/13/2023)

Dec. 13, 2023

Dec. 13, 2023

PACER
58

Order by Judge Araceli Martinez-Olguin in case 3:23-cv-04537-EMC; granting (2) Motion for TRO in case 3:23-cv-06379-EMC. Associated Cases: 3:23-cv-06379-EMC, 3:23-cv-04537-EMC. (ads, COURT STAFF) (Filed on 12/15/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

RECAP

Clerk's Notice Setting Zoom Hearing

Dec. 15, 2023

Dec. 15, 2023

PACER
59

CLERK'S NOTICE SETTING ZOOM HEARING. Temporary Restraining Order Hearing set for 12/19/2023 at 03:00 PM. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcCourt Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at emccrd@cand.uscourts.gov no later than December 18, 2023 at 1:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 12/15/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

PACER
60

CLERK'S NOTICE SCHEDULING A CONTINUED MOTION FOR TEMPORARY RETRAINING ORDER HEARING. Motion for Temporary Restraining Order Hearing set for 12/21/2023, at 4:00 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. ALL PARTIES PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 3:50 PMWebinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) (Filed on 12/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

Dec. 19, 2023

Dec. 19, 2023

PACER
61

Minute Entry for proceedings held before Judge Edward M Chen: Motion Hearing held on 12/19/2023 re ( Dkt. #2 in 3:23-cv-06379-EMC) MOTION for Temporary Restraining Order. Total Time in Court: 27 Minutes. Court Reporter: Stephen Franklin. (vla, COURT STAFF) (Date Filed: 12/19/2023) (Entered: 12/20/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
62

CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 1/2/2024. Initial Case Management Conference reset from 1/9/2024 to 1/11/2024, at 1:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. ALL PARTIES PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PMWebinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 12/28/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/28/2023)

Dec. 28, 2023

Dec. 28, 2023

PACER

Clerk's Notice Setting Zoom Hearing

Dec. 28, 2023

Dec. 28, 2023

PACER
63

CASE MANAGEMENT STATEMENT submitted jointly by the parties, filed by Barbara Geib, Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer, Where Do We Go Berkeley, Jermaine White, Rufus Lee White, Amber Whitson, Monique Williams. (Riess, Melissa) (Filed on 1/2/2024) (Entered: 01/02/2024)

Jan. 2, 2024

Jan. 2, 2024

PACER
64

TRANSCRIPT ORDER for proceedings held on 12/19/2023 and 12/21/2023 before Judge Edward M Chen for Court Reporter Stephen Franklin (Franklin, Stephen) (Filed on 1/8/2024) (Entered: 01/08/2024)

Jan. 8, 2024

Jan. 8, 2024

PACER
66

Minute Entry for proceedings held before Judge Edward M Chen: Initial Case Management Conference held on 1/11/2024 and Motion Hearing held on 1/11/2024 re (51 in 3:23-cv-04537-EMC) MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint. Total Time in Court: 42 Minutes. Court Reporter: Marla Knox. (vla, COURT STAFF) (Date Filed: 1/11/2024) (Entered: 01/24/2024)

Jan. 11, 2024

Jan. 11, 2024

PACER
65

MANDATE of USCA as to 38 Notice of Appeal to the Ninth Circuit No. 23-3140, filed by City of Berkeley. (wsn, COURT STAFF) (Filed on 1/22/2024) (Entered: 01/23/2024)

Jan. 22, 2024

Jan. 22, 2024

PACER
67

TRANSCRIPT ORDER for proceedings held on 1/11/2024 before Judge Edward M Chen by Barbara Geib, Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer, Where Do We Go Berkeley, Jermaine White, Rufus Lee White, Amber Whitson, Monique Williams, for Court Reporter Marla Knox. (Zito, Thomas) (Filed on 1/24/2024) (Entered: 01/24/2024)

Jan. 24, 2024

Jan. 24, 2024

PACER
68

EXHIBITS re 51 MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint filed byCity of Berkeley. (Related document(s) 51 ) (Shapp, Marc) (Filed on 1/25/2024) (Entered: 01/25/2024)

Jan. 25, 2024

Jan. 25, 2024

PACER
69

NOTICE of Appearance by Laura Iris Mattes (Mattes, Laura) (Filed on 1/29/2024) (Entered: 01/29/2024)

Jan. 29, 2024

Jan. 29, 2024

PACER
70

Transcript of Proceedings held on 12/19/2023, before Judge Edward M. Chen. Court Reporter/Transcriber Stephen W. Franklin, telephone number (561)313-8439. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (64 in 3:23-cv-04537-EMC) Transcript Order ) Release of Transcript Restriction set for 4/30/2024. (Franklin, Stephen) (Filed on 1/31/2024) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

PACER
71

Transcript of Proceedings held on 12/21/2023, before Judge Edward M. Chen. Court Reporter/Transcriber Stephen W. Franklin, telephone number (561)313-8439. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (64 in 3:23-cv-04537-EMC) Transcript Order ) Release of Transcript Restriction set for 4/30/2024. (Franklin, Stephen) (Filed on 1/31/2024) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

PACER
72

Transcript of Proceedings held on January 11, 2024, before Judge Edward M. Chen. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990/email marla_knox@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 67 Transcript Order, ) Release of Transcript Restriction set for 5/9/2024. (Related documents(s) 67 ) (mfk, COURT STAFF) (Filed on 2/9/2024) (Entered: 02/09/2024)

Feb. 9, 2024

Feb. 9, 2024

PACER
73

MOTION for leave to appear in Pro Hac Vice for Emily Roznowski ( Filing fee $ 328, receipt number ACANDC-19124096.) filed by Barbara Geib, Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer, Where Do We Go Berkeley, Jermaine White, Rufus Lee White, Amber Whitson, Monique Williams. (Attachments: # 1 IL Certificate of Good Standing for E. Roznowski)(Roznowski, Emily) (Filed on 2/14/2024) (Entered: 02/14/2024)

Feb. 14, 2024

Feb. 14, 2024

PACER
74

STIPULATION PROTECTIVE ORDER filed by Barbara Geib, Lucian Jeffords, Angel Kennett, Yesica Prado, Erin Spencer, Where Do We Go Berkeley, Jermaine White, Rufus Lee White, Amber Whitson, Monique Williams. (Zito, Thomas) (Filed on 3/20/2024) (Entered: 03/20/2024)

March 20, 2024

March 20, 2024

PACER
75

Order by Judge Edward M Chen GRANTING 73 Motion for Pro Hac Vice as to Emily Roznowski.(vla, COURT STAFF) (Filed on 3/21/2024) (Entered: 03/21/2024)

March 21, 2024

March 21, 2024

PACER
76

ORDER GRANTING 74 STIPULATED PROTECTIVE ORDER. Signed by Judge Edward M. Chen on 3/21/2024. (vla, COURT STAFF) (Filed on 3/21/2024) (Entered: 03/21/2024)

March 21, 2024

March 21, 2024

PACER
77

STIPULATION OF VOLUNTARY DISMISSAL, WITHOUT PREJUDICE FOR PLAINTIFF BARBARA GEIBS CLAIMS filed by Barbara Geib. (Najieb, Jameelah) (Filed on 3/29/2024) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
78

STIPULATION OF VOLUNTARY DISMISSAL, WITHOUT PREJUDICE FOR PLAINTIFF ANGEL KENNETTS CLAIMS filed by Angel Kennett. (Najieb, Jameelah) (Filed on 3/29/2024) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
79

NOTICE of Change In Counsel by Melissa Riess (Attachments: # 1 Proposed Order)(Riess, Melissa) (Filed on 6/25/2024) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
80

ORDER GRANTING 79 WITHDRAWAL OF MELISSA RIESS AS COUNSEL FOR PLAINTIFFS. Signed by Judge Edward M. Chen on 6/26/2024. (vla, COURT STAFF) (Filed on 6/26/2024) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

PACER
81

NOTICE of Appearance by Sean Paul Betouliere (Betouliere, Sean) (Filed on 7/23/2024) (Entered: 07/23/2024)

July 23, 2024

July 23, 2024

PACER
82

STIPULATION and Proposed Order selecting Early Settlement Conference with a Magistrate Judge by Lucian Jeffords, Yesica Prado, Erin Spencer, Where Do We Go Berkeley, Jermaine White, Rufus Lee White, Amber Whitson, Monique Williams filed by Lucian Jeffords, Yesica Prado, Erin Spencer, Where Do We Go Berkeley, Jermaine White, Rufus Lee White, Amber Whitson, Monique Williams. (Roznowski, Emily) (Filed on 7/26/2024) (Entered: 07/26/2024)

July 26, 2024

July 26, 2024

PACER
83

STIPULATION WITH PROPOSED ORDER to dismiss Plaintiffs' Sixth Claim for Relief filed by Lucian Jeffords, Yesica Prado, Erin Spencer, Where Do We Go Berkeley, Jermaine White, Rufus Lee White, Amber Whitson, Monique Williams. (Roznowski, Emily) (Filed on 7/26/2024) (Entered: 07/26/2024)

July 26, 2024

July 26, 2024

PACER
84

ORDER REFERRING CASE to Magistrate Judge Kandis A. Westmore for Settlement to be Completed by 10/28/2024. Signed by Judge Edward M. Chen on 7/29/2024. (vla, COURT STAFF) (Filed on 7/29/2024) (Entered: 07/29/2024)

July 29, 2024

July 29, 2024

PACER
85

Order by Judge Edward M Chen GRANTING 83 STIPULATED DISMISSAL OF SIXTH CAUSE OF ACTION.(vla, COURT STAFF) (Filed on 7/29/2024) (Entered: 07/29/2024)

July 29, 2024

July 29, 2024

PACER

Case Referred to Magistrate Judge for Settlement

July 30, 2024

July 30, 2024

PACER

CASE REFERRED to Magistrate Judge Kandis A. Westmore for Settlement. (shy, COURT STAFF) (Filed on 7/30/2024)

July 30, 2024

July 30, 2024

PACER
86

CLERK'S NOTICE SETTING TELEPHONE CONFERENCE. Please note that you must be logged into an ECF account of counsel of record in order to view this document. Telephone Conference set for 8/9/2024 03:00 PM in Oakland, - Telephonic Only before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 7/30/2024) (Entered: 07/30/2024)

July 30, 2024

July 30, 2024

PACER
87

ORDER by Judge Edward M. Chen granting in part and denying in part 51 Motion to Dismiss for Lack of Jurisdiction. (emclc3, COURT STAFF) (Filed on 8/6/2024) (Entered: 08/06/2024)

Aug. 6, 2024

Aug. 6, 2024

RECAP
88

CLERK'S NOTICE SETTING FURTHER CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 8/20/2024. Further Case Management Conference set for 8/27/2024, at 2:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 2:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 8/7/2024) (Entered: 08/07/2024)

Aug. 7, 2024

Aug. 7, 2024

PACER