Parrett v. City of Elk Grove et al

Filing 7

ORDER GRANTING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION signed by Senior District Judge John A. Mendez on 09/25/2024. (a) Plaintiff's motion for preliminary injunction is due on or before 10/01/2024. (b) Defendants' opposition to preliminary injunction is due on or before 10/08/2024. (c) Plaintiff's reply to Defendants' opposition is due on or before 10/15/2024. (d) The hearing on this preliminary injunction motion shall take place on Tuesday, 10/22/2024, at 01:00 PM, in person, in Courtroom 6 (JAM), 14th Floor, before Senior District Judge John A. Mendez. The deadline for the administrative request for an appeal to be filed is STAYED until the resolution of this case in this Court. (See Order for further details.) (York, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN PARRETT, THE GUARDIAN OF
THE CANINE COMPANION AUDI,
Plaintiff,

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v.

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CITY OF ELK GROVE, BOBBIE
SINGH-ALLEN MAYOR OF ELK
GROVE AND DOES 1-10,

2:24-cv-02582-JAM-AC

ORDER GRANTING EX PARTE
APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND ORDER TO
SHOW CAUSE RE PRELIMINARY
INJUNCTION

Defendants.

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No.

This is a lawsuit to preserve the life of a dog who has a

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Notice of Destruction pending upon him.

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telephonic hearing with the parties on Plaintiff, John Parrett’s

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Application for a Temporary Restraining Order on September 25,

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2024.

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following findings and orders:

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1.

The Court held a

At the conclusion of this hearing, the Court made the

On September 5, 2024 Sacramento County Superior Court

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Judge Richard Miadich issued an Order in a contempt proceeding

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denying Defendants’ request to allow the City of Elk Grove to

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euthanize Audi, the dog who is the subject of this action, as a

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contempt sanction.
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2.

On September 11, 2024, the City of Elk Grove e-mailed

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to Christine Kelly, counsel for Plaintiff, a Notice of

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Destruction of Vicious Animal, City Case No. 24-000924

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(“Destruction Notice”), with regard to Audi.

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provide any formal or informal notice to Ms. Kelly prior to

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sending her the Destruction Notice.

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3.

Defendants did not

Defendants did not provide any interested party with a

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Notice of Hearing and no administrative hearing took place prior

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to Defendants’ Destruction Notice being issued.

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4.

The Destruction Notice was an administrative decision

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and finding made without due process, i.e., Defendant City of Elk

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Grove rendered a unilateral decision to destroy Audi.

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5.

Defendant City of Elk Grove served the three (3)

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previously known owners of Audi with this Destruction Notice on

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September 13, September 14 and September 18, 2024, respectively.

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6.

The Destruction Notice states that each owner must file

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their request for an appeal within 15 days of being served with

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such Notice.

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7.

On September 24, 2024, Plaintiff herein filed an

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emergency ex parte stay of execution with Complaint against

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Defendants in this Court.

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8.

Plaintiff, John Parrett, is the guardian of Audi and

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the Court is informed that he will take possession of Audi upon

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the dog’s release.

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9.

Plaintiff is a dog trainer and lives in Oregon.

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10.

Jonathan Hobbs, counsel for Defendants opposed the

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request for a TRO on behalf of Defendants.

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///
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The Court, having reviewed and considered the moving papers,

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the parties’ oppositions thereto, and the arguments of counsel at

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the hearing on this matter, orders as follows:

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1.

Plaintiff’s request to stay the execution of Audi is

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GRANTED and Defendants shall not euthanize, kill or otherwise

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harm Audi absent further Order of this Court.

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2.

Audi shall be released from Defendants’ custody to

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Plaintiff forthwith.

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Plaintiff’s residence in Oregon.

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Plaintiff is ordered to take Audi to
Audi may not return to

California absent further order of this Court.
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A further hearing on Plaintiff’s motion for preliminary

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injunction shall be held with the following expedited briefing

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schedule:

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(a)

due on or before October 1, 2024.

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(b)

Defendants’ opposition to preliminary injunction

is due on or before October 8, 2024.

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Plaintiff’s motion for preliminary injunction is

(c)

Plaintiff’s reply to Defendants’ opposition is due

on or before October 15, 2024.

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(d)

The hearing on this preliminary injunction motion

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shall take place on Tuesday, October 22, 2024 in Courtroom 6 at

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1:00 p.m.

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4.

Plaintiff shall not be required to post a bond and

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shall pay all boarding fees incurred by Defendant City of Elk

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Grove.

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5.

Defendants have been notified that they can apply to

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the court for modification/dissolution of this TRO on 2 days’

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notice or such shorter notice as the Court may allow.
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See Local

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Rule 231 and FRCP 65(b).
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The deadline for the administrative request for an

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appeal to be filed is stayed until the resolution of this case in

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this Court.

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IT IS SO ORDERED.
Dated: September 25, 2024

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