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)

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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

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