Kincaid et al v. City Of Fresno et al

Filing 36

TEMPORARY RESTRAINING ORDER AND ORDER re Preliminary Injuction Hearing. Opposition by 11/1/06. Reply by 11/6/06 and hearing set for 11/7/06 at 9:00am before Judge Oliver W. Wanger; signed by Judge Oliver W. Wanger on 10/25/06. (Robles, S)

Case 1:06-cv-01445-OWW-SMS

Document 36

Filed 10/25/2006

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1 HELLER EHRMAN LLP 2 PAUL ALEXANDER (SBN: 49997) 275 Middlefield Road CA 3 Menlo Park,(650) 94025-3506 Telephone: [phone] Facsimile: [phone] 4 E-mail: [e-mail] 5 LAWYERS' COMMITTEE FOR CIVIL RIGHTS OREN SELLSTROM (SBN: 161074) 6 ELISA DELLA-PIANA (SBN: 226462) 131 Steuart Street 7 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] 9 E-mail: [e-mail] 10 ACLU OF NORTHERN CALIFORNIA ALAN SCHLOSSER (SBN: 49957) T. RISHER (SBN: 191627) 11 MICHAEL Street 39 Drumm

12 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA: FRESNO DIVISION 16 17 18 Pamela Kincaid, Doug Deatherage, Charlene 19 Clay, Cynthia Greene, Joanna Garcia, and Randy Johnson, Individually on Behalf of 20 Themselves and All Others Similarly Situated, Plaintiffs, 21 v. 22 City of Fresno, California Department of 23 Transportation, Alan Autry, Jerry Dyer, Greg Garner, Reynaud Wallace, John Rogers, Phillip 24 Weathers, and Will Kempton, individually and in their official capacities; DOES 1-100, 25 inclusive, 26 27
Heller 28 Ehrman LLP

Case No.: 1:06-CV-1445-OWW-SMS TEMPORARY RESTRAINING ORDER AND ORDER RE PRELIMINARY INJUNCTION HEARING

Defendants.

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Case 1:06-cv-01445-OWW-SMS

Document 36

Filed 10/25/2006

Page 2 of 2

1

Having considered plaintiffs' complaint, memorandum of points and authorities,

2 declarations and related documentation submitted by the parties, 3 4 IT IS HEREBY ORDERED AS FOLLOWS: 1. Pending development of a full evidentiary record at a hearing on motion for

5 preliminary injunction, the City of Fresno, and its Police Department, and all those acting 6 for, under and/or in concert with them or who have actual notice of this order, are 7 temporarily restrained and enjoined from immediately destroying the property of homeless 8 persons during protective sweeps, activities to remove homeless persons from temporary 9 shelter sites, or other activities to seize the personal property of homeless persons, without 10 providing constitutionally adequate notice and meaningful opportunity to be heard 11 concerning the seizure and destruction of such personal property. 12 2. Defendant City of Fresno shall file and serve its opposition to plaintiffs' Motion

13 for Preliminary Injunction on or before November 1, 2006. Plaintiffs' shall file and serve 14 any Reply to this response on or before November 6, 2006. A hearing is hereby set for 15 consideration of the Motion for Preliminary Injunction for November 7, 2006, commencing 16 at 9:00 a.m.before Judge Oliver W. Wanger unless otherwise ordered. 17 3. Pending the hearing on the Motion for Preliminary Injunction, plaintiffs are

18 exempted from the requirement to post a bond. 19 20 Dated: 10/25/2006 21 22 23 24 25 26 27
Heller 28 Ehrman LLP

/s/ Oliver W. Wanger Oliver W. Wanger United States District Judge

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