Cuviello et al v. City Of Oakland et al

Filing 527

ORDER Denying 485 Intervenor's Motion to Modify Permanent Injunction. Signed by Judge Edward M. Chen on 11/1/2012. (emcsec, COURT STAFF) (Filed on 11/1/2012)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

JOSEPH P. CUVIELLO, et al.,

9

11
For the Northern District of California

United States District Court

10

No. C-06-5517 EMC

Plaintiffs,
ORDER DENYING INTERVENOR’S
MOTION TO MODIFY PERMANENT
INJUNCTION

v.
CITY OF OAKLAND, et al.,

(Docket No. 485)
12
13

Defendants.
___________________________________/

14
15
16

Currently pending before the Court is Intervenor Feld Entertainment, Inc.’s motion to modify

17

the permanent injunction. A hearing was held on the motion on October 26, 2012. For the reasons

18

stated on the record, the Court hereby DENIES Feld’s motion.

19

As the Court noted at the hearing, Feld seeks to modify the injunction based on a recent

20

incident in which Plaintiffs and/or their associates allegedly assaulted and harassed Feld employees.

21

However, the permanent injunction in the case need not be modified because it does not permit or

22

suggest that Plaintiffs have the right to engage in any such activity. Rather, the injunction simply

23

gives Plaintiffs access to certain areas “in order to conduct their free speech activity (i.e.,

24

videotaping, displaying signs, leafletting, or otherwise protesting).” Docket No. 235 (R&R at 12),

25

adopted by Docket No. 240 (order). Nothing about the injunction bars Feld from seeking a remedy

26

(based, e.g., on state criminal law or state tort law) if Plaintiffs engage in unlawful conduct such as

27

assault, battery, or damaging property. Indeed, that Feld was able to obtain a temporary restraining

28

1

order from a state court based on Plaintiffs’ actions that took place on August 7, 2012, demonstrates

2

that Feld has adequate remedies to protect its rights.

3

This order disposes of Docket No. 485.

4
5

IT IS SO ORDERED.

6
7

Dated: November 1, 2012

8

_________________________
EDWARD M. CHEN
United States District Judge

9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2