Berkeley Homeless Union et al v. City of Berkeley et al
| California Northern District Court | |
| Judge: | Edward M Chen |
| Case #: | 3:25-cv-01414 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Feb 11, 2025 |
| Last checked: Sunday Apr 27, 2025 1:16 AM PDT |
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Defendant
Paul Buddenhagen
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Defendant
City of Berkeley
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Represented By
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Defendant
Thomas Gregory
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Defendant
Rashi Keserwani
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Defendant
Peter Radu
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Defendant
Okeya Vance-Dozier
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Plaintiff
Berkeley Homeless Union
1349 Hearst Avenue
Berkeley, CA 94702 |
Represented By
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Plaintiff
Adrien Bouchard
1349 Hearst Avenue
Berkeley, CA 94702 |
Represented By
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Plaintiff
Nicholas Johnson
1349 Hearst Avenue
Berkeley, CA 94702 |
Represented By
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Plaintiff
Frank Moore
1349 Hearst Avenue
Berkeley, CA 94702 |
| Docket last updated: 04/28/2025 11:59 PM PDT |
| Monday, April 28, 2025 | ||
| 41 | 41
notice
Notice of Appearance/Substitution/Change/Withdrawal of Attorney
Mon 04/28 1:12 PM
NOTICE of Appearance filed by Laura Iris Mattes on behalf of City of Berkeley Thomas Gregory, Paul Buddenhagen, Peter Radu, Okeya Vance-Dozier, and Rashi Kesarwani (Mattes, Laura) |
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oth_evt
Clerk's Notice ~Util - Set Motion and Deadlines/Hearings
Mon 04/28 8:27 AM
CLERK'S NOTICE SCHEDULING PRELIMINARY INJUNCTION HEARING. Motion Hearing as to 6 EX PARTE APPLICATION for Temporary Restraining Order MOTION for Order to Show Cause re Preliminary Injunction set for 5/23/2025, at 9:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M Chen. ALL PARTIES PARTICIPATING IN THE HEARING ARE REQUIRED TO ARRIVE IN COURTROOM 5, 17TH FLOOR NO LATER THAN 9:10 AM TO CHECK-IN WITH THE COURTROOM DEPUTY. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) 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) |
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oth_evt
Clerk's Notice Setting Zoom Hearing
Mon 04/28 8:03 AM
CLERK'S NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE. You are notified that the Court has scheduled an Initial Case Management Conference before Judge Edward M. Chen upon reassignment. For a copy of Judge Chen's Standing Orders and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 7/29/2025. Initial Case Management Conference set for 8/5/2025, 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 PM. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc 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.) (vla, COURT STAFF) 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) |
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| Saturday, April 26, 2025 | ||
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order
Order
Sat 04/26 7:40 AM
ORDER on Preliminary Injunction Hearing. Signed by Judge Edward M. Chen on 04/26/2025. (emclc3, COURT STAFF) 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) |
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| Friday, April 25, 2025 | ||
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utility
Case Assigned/Reassigned
Fri 04/25 8:32 AM
ORDER REASSIGNING CASE IT IS ORDERED that this case is directly assigned to Judge Edward M Chen. Judge Haywood S Gilliam, Jr no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See [LINK:General Order 65] and [LINK:cand.uscourts.gov/cameras] . Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) 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) (mbc, COURT STAFF) |
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order
Order Relating Case
Fri 04/25 5:37 AM
ORDER RELATING CASE. Signed by Judge Edward M. Chen on 4/25/2025. (vla, COURT STAFF) 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) |
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| Wednesday, April 16, 2025 | ||
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NOTICE by Adrien Bouchard, Nicholas Johnson of filing motion to relate instant case to Prado v. City of Berkeley, No. 3:23-cv-4537 (dkt. No. 112) (Zito, Thomas)
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| Friday, April 11, 2025 | ||
| 34 | 34 NOTICE of Appearance filed by Suzan Sabyl Cohen Landrum on behalf of Adrien Bouchard (Landrum, Suzan Sabyl) | |
| Monday, April 07, 2025 | ||
| 33 | 33 NOTICE of Appearance filed by Jameelah Najieb on behalf of Adrien Bouchard, Nicholas Johnson (Najieb, Jameelah) | |
| 32 | 32 NOTICE of Appearance filed by Sean Paul Betouliere on behalf of Adrien Bouchard, Nicholas Johnson (Betouliere, Sean) | |
| 31 | 31 NOTICE of Appearance filed by Thomas Philip Zito on behalf of Adrien Bouchard, Nicholas Johnson (Zito, Thomas) | |
| Tuesday, March 11, 2025 | ||
| 30 | 30 NOTICE of Appearance filed by Brigitte Nicoletti on behalf of Nicholas Johnson (Nicoletti, Brigitte) | |
| Tuesday, March 04, 2025 | ||
| Reset Hearing as to6 EX PARTE APPLICATION for Temporary Restraining Order, See Docket No.28 : Motion Hearing set for 4/29/2025 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam, Jr. (ndr, COURT STAFF) | ||
| Monday, March 03, 2025 | ||
| 29 | 29 NOTICE of Appearance filed by Suzan Sabyl Cohen Landrum on behalf of Nicholas Johnson (Landrum, Suzan Sabyl) | |
| 28 | 28
ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING Dkt. No. 27 the parties' request to continue March 4 hearing. The hearing on whether the temporary restraining order should be further extended is CONTINUED to April 29, 2025, at 2:00 p.m. in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. (hsglc1, COURT STAFF) 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)
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STIPULATION WITH PROPOSED ORDER re25 Order,,, Terminate Motions,,, Set Motion and Deadlines/Hearings,, filed by City of Berkeley. (Shapp, Marc)
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STIPULATION re1 Complaint, filed by City of Berkeley. (Shapp, Marc)
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| Thursday, February 20, 2025 | ||
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ORDER GRANTING 22 JOINT ADMINISTRATIVE MOTION TO CONTINUE FEBRUARY 20 HEARING. Signed by Judge Haywood S. Gilliam, Jr. on 2/20/2025.
Reset Hearing as to Docket No. 6 :
Motion Hearing set for 3/4/2025 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam, Jr.
(ndr, COURT STAFF) 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) Modified on 2/20/2025 to correct time (ndr, COURT STAFF).
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RESPONSE TO ORDER TO SHOW CAUSE re:21 by Berkeley Homeless Union member Gordon Gilmore . (Prince, Anthony) Modified text on 2/20/2025 (cv, COURT STAFF).
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| [LINK:Electronic filing error] . Document not properly linked.Corrected by Clerk's Office. No further action is necessary. Re:24 Response to Order to Show Cause filed by Berkeley Homeless Union (cv, COURT STAFF) | ||
| Wednesday, February 19, 2025 | ||
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Proposed Order re22 Joint MOTION to Continue Hearing on Motion for Preliminary Injunction by Berkeley Homeless Union. (Prince, Anthony)
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| 22 | 22
Joint MOTION to Continue Hearing on Motion for Preliminary Injunction filed by Berkeley Homeless Union. (Prince, Anthony)
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ORDER TO SHOW CAUSE. Signed by Judge Haywood S. Gilliam, Jr. on 2/19/2025.
Show Cause Response due by 2/20/2025.
(ndr, COURT STAFF) 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)
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| Tuesday, February 18, 2025 | ||
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ASSOCIATION of Counsel by Berkeley Homeless Union. (Prince, Anthony)
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| 19 | 19 NOTICE of Appearance filed by Anthony David Prince on behalf of Berkeley Homeless Union (Prince, Anthony) | |
| Friday, February 14, 2025 | ||
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ORDER GRANTING 6 MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Haywood S. Gilliam, Jr. on 2/14/2025.
Set Hearing :
Motion Hearing set for 2/20/2025 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.
(ndr, COURT STAFF) Plaintiffs served by email at berkeley.homeless.union@gmail.com pursuant to this order
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| Thursday, February 13, 2025 | ||
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Administrative Motion to File Under Seal filed by City of Berkeley. (Shapp, Marc)
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Proof of Service re12 Memorandum in Opposition,13 Declaration,14 Declaration,15 Declaration filed by City of Berkeley. (Shapp, Marc) Modified on 2/13/2025 (dhm, COURT STAFF).
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| 15 | 15
Declaration of Peter Radu in Support of12 Memorandum of Points and Authorities in Opposition to6 EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction. filed by City of Berkeley.(Shapp, Marc) Modified on 2/13/2025 (dhm, COURT STAFF).
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Att: 1
Exhibit
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Declaration of Thomas Gregory in Support of12 Memorandum of Points and Authorities in Opposition to6 EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction. filed by City of Berkeley.(Shapp, Marc) Modified on 2/13/2025 (dhm, COURT STAFF).
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit
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Declaration of Okeya Vance-Dozier in Support of12 Memorandum of Points and Authorities in Opposition to6 EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed by City of Berkeley.(Shapp, Marc) Modified on 2/13/2025 (dhm, COURT STAFF).
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit
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OPPOSITION/RESPONSE filed byCity of Berkeley. (Shapp, Marc)
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| [LINK:Electronic filing error] . Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re:11 Declaration in Support, filed by Berkeley Homeless Union (dhm, COURT STAFF) | ||
| [LINK:Electronic filing error] . Incorrect event used. Corrected by Clerk's Office. No further action is necessary. Re:13 Opposition/Response to Motion, filed by City of Berkeley,15 Opposition/Response to Motion, filed by City of Berkeley,14 Opposition/Response to Motion, filed by City of Berkeley,16 Opposition/Response to Motion filed by City of Berkeley (dhm, COURT STAFF) | ||
| Wednesday, February 12, 2025 | ||
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Declaration of Gordon Gilmore in Support of6 Ex Parte Application for Temporary Restraining Order filed by Berkeley Homeless Union.(Bouchard, Adrien) Modified on 2/13/2025 (dhm, COURT STAFF).
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Att: 1
Exhibit K: First public notice,
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Att: 2
Exhibit L: Second public notice,
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Att: 3
Certificate/Proof of Service Proof of service
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| Tuesday, February 11, 2025 | ||
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ORDER DIRECTING SERVICE OF 6 EXPARTE MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Haywood S. Gilliam, Jr. on 2/11/2025.
Set Deadline: Responses due by 2/13/2025.
(ndr, COURT STAFF) Any non-CM/ECF Participants have been served with this order and docket nos. 1 and 6 via e-mail listed in the order Modified on 2/11/2025 (ndr, COURT STAFF).
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Proposed Summons. (dhm, COURT STAFF)
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Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/6/2025. Initial Case Management Conference set for 5/13/2025 02:00 PM in Oakland - To be held by Zoom. (dhm, COURT STAFF) 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)
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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gordon Gilmore for Berkeley Homeless Union, Adrien Bouchard, Nicholas Johnson, Frank Moore. (dhm, COURT STAFF)
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EX PARTE APPLICATION for Temporary Restraining Order, MOTION for Order to Show Cause re Preliminary Injunction filed by Berkeley Homeless Union, Adrien Bouchard, Nicholas Johnson, Frank Moore. Responses due by 2/25/2025. Replies due by 3/4/2025.(dhm, COURT STAFF)
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Att: 1
Declaration of Gordon Gilmore,
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Att: 2
Declaration of Adrien Bouchard,
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Att: 3
Declaration of Nicholas Johnson,
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Att: 4
Declaration of Frank Moore,
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Att: 5
Declaration of Yesica Prado
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MOTION for Leave to Proceed in forma pauperis filed by Frank Moore. (dhm, COURT STAFF)
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MOTION for Leave to Proceed in forma pauperis filed by Nicholas Johnson. (dhm, COURT STAFF)
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MOTION for Leave to Proceed in forma pauperis filed by Adrien Bouchard. (dhm, COURT STAFF)
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MOTION for Leave to Proceed in forma pauperis filed by Gordon Gilmore on behalf of Berkeley Homeless Union. (dhm, COURT STAFF)
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COMPLAINT against Paul Buddenhagen, City of Berkeley, Thomas Gregory, Rashi Keserwani, Peter Radu, Okeya Vance-Dozier. (No process, In forma pauperis pending) Filed by Nicholas Johnson, Adrien Bouchard, Berkeley Homeless Union, Frank Moore.(dhm, COURT STAFF)
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Att: 1
Civil Cover Sheet
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