Cuviello et al v. City Of Oakland et al

Filing 533

STIPULATION AND ORDER re 532 re Stipulated Permanent Injunction filed by Deniz Bolbol. Signed by Judge Edward M. Chen on 11/27/12. (bpf, COURT STAFF) (Filed on 11/27/2012)

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1 2 3 4 G. WHITNEY LEIGH (SBN 153457) GONZALEZ & LEIGH LLP 744 Montgomery Street, Fifth Floor San Francisco, CA 94111 Telephone: (415) 912-5950 Facsimile: (415) 912-5951 Attorneys for Plaintiff DENIZ BOLBOL 5 6 7 JOSEPH P. CUVIELLO P.O. Box 2834 Redwood City, CA 94064 Telephone: (650) 654-9955 Plaintiff In Pro Se 8 9 10 11 12 13 STEPHEN M. MACPHAIL, Bar No. 106522 BRAGG & KULUVA 555 S. Flower Street, Suite 600 Los Angeles, California 90071 Telephone: (213) 612-5335 Facsimile: (213) 612-5712 Attorneys for Defendants, SMG, COUNTY OF ALAMEDA, RON LITTLE, LEROY “SKEET” ELLIS, OAKLAND-ALAMEDA COUNTY COLISEUM AUTHORITY OAKLAND COLISEUM JOINT VENTURE 14 15 16 17 18 RICHARD M. WILLIAMS Gray •Duffy, LLP 702 Marshall Street, Suite 600 Redwood City, CA 94063 Telephone: Office: (650) 365-7343 Attorneys for Defendants CITY OF OAKLAND OAKLAND POLICE OFFICER R. VALLADON, OAKLAND POLICE OFFICER R. VILLEGAS 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 SAN FRANCISCO DIVISION 22 23 JOSEPH P. CUVIELLO AND DENIZ BOLBOL, INDIVIDUALLY, 24 Plaintiffs, v. Case Nos. 06-cv-05517-EMC and 09-cv-02955-EMC [PROPOSED] STIPULATED PERMANENT INJUNCTION 25 26 27 CITY OF OAKLAND, A PUBLIC ENTITY, et al., Defendants. 28 [PROPOSED] STIPULATED PERMANENT INJUNCTION Case Nos. 06-cv-05517-EMC and 09-cv-02955-EMC 1 INTRODUCTION 2 In accordance with the Court’s Order Granting Plaintiffs’ Motion for Voluntary 3 Dismissal dated November 15, 2012 (See Docket 531), Plaintiffs and Defendants jointly submit 4 this proposed Stipulated Permanent Injunction (“Injunction”). The parties have consented to 5 the entry of this Stipulated Permanent Injunction to resolve all matters of dispute between them 6 in the above-entitled actions. Pursuant to the Court’s November 15, 2012 Order, this proposed 7 Stipulated Permanent Injunction contains all of the terms of the agreed-upon permanent 8 injunction for this case. 9 10 Permanent Injunction Plaintiffs and up to (4) four persons acting in concert, shall be permitted to unfettered 11 access without any ticket requirement the following areas in order to conduct their free speech 12 activity (i.e., videotaping, displaying signs, leafletting, or otherwise protesting): 13 (1) A three (3)-foot wide walkway running alongside the perimeter wall of the animal 14 compound. Defendants or Ringling Bros. may construct a fence to demark the three (3)-foot 15 wide walkway on side of walkway opposite the perimeter wall of the animal compound of the 16 Ringling Bros. Circus events, located on the North and East sides and West side to the frontage 17 road entrance gate, at the Oracle Arena in Oakland,California, to create a corridor. 18 (2) The barricaded corridor leading to the animal compound, the area outside of but 19 directly adjacent to the corridor, and the gap between the corridor and the animal compound 20 entrance except that there shall be a ten-foot buffer zone surrounding the entrance of the 21 compound. Plaintiffs may temporarily be moved from the gap to permit movement of 22 equipment and animals. 23 (3) The upper west landing area, up to the point where the west ramp joins the landing. 24 (4) One specific spot located in the area adjacent to the entrance to the north tunnel, 25 which has a clear view of the entire tunnel. Here, only one person rather than four shall be 26 permitted access. 27 (5) The north ramp and landing. 28 (6) The northeast stairs and base of the stairs. 1 [PROPOSED] STIPULATED PERMANENT INJUCTION Case Nos. 06-cv-05517-EMC and 09-cv-02955-EMC 1 Furthermore, Plaintiffs and persons acting in concert with them should be permitted free 2 access to all exterior areas of the Arena and parking lot which are otherwise open to the public. 3 Defendants are required to distribute copies of the preliminary injunction to any security 4 manager, security guard, and/or police officer providing security at the Arena during the circus 5 engagement. Moreover, all security personnel should be briefed as to the material terms of the 6 injunction. 7 In addition, Defendants shall designate one “point person” during the entirety of the 8 circus engagement at the Arena, who shall be responsible for communicating with 9 Mr. Cuviello and Ms. Bolbol in the event of a dispute and who has the power to make immediate 10 11 12 13 14 decisions in regard thereto. The preliminary injunction need only apply to circus events scheduled at the Coliseum/Arena, such as the Ringling Brothers Circus. The Court shall retain jurisdiction over any disputes that arise with respect to these cases and the permanent injunction is hereby entered. 15 SO STIPULATED. 16 Dated: November 26, 2012 GONZALEZ & LEIGH LLP 17 By: /s/ G. Whitney Leigh G. WHITNEY LEIGH Attorneys for Plaintiff DENIZ BOLBOL 18 19 20 21 Dated: November 26, 2012 22 /s/ Joseph Cuviello JOSEPH CUVIELLO Plaintiff In Pro Per 23 24 25 26 27 28 2 [PROPOSED] STIPULATED PERMANENT INJUCTION Case Nos. 06-cv-05517-EMC and 09-cv-02955-EMC 1 Dated: November 26, 2012 BRAGG & KULUVA 2 By: /s/ Stephen M. MacPhail STEPHEN M. MacPHAIL Attorneys for Defendants SMG, COUNTY OF ALAMEDA, RON LITTLE, LEROY “SKEET” ELLIS, OAKLAND-ALAMEDA COUNTY COLISEUM AUTHORITY and OAKLAND COLISEUM JOINT VENTURE 3 4 5 6 7 8 9 Dated: November 26, 2012 GRAY DUFFY, LLP 10 By: /s/ Richard M. Williams RICHARD M. WILLIAMS Attorneys for Defendants CITY OF OAKLAND, OAKLAND POLICE OFFICER R. VALLADON, OAKLAND POLICE OFFICER R. VILLEGAS 11 12 13 14 15 Therefore, Plaintiffs’ motion for voluntary dismissal of is hereby GRANTED. 16 Upon the filing of this document, the Clerk of the Court shall enter a final judgment and close 17 the file in this case. S RT 23 R NIA dwa Judge E ER 25 A H 24 hen rd M. C NO 22 FO 21 11/27/12 Dated: _____________________________ _________________________________________ ERED O ORD M. Chen Honorable Edward IT IS S United States District Judge LI 20 RT U O 19 IT IS SO ORDERED. UNIT ED 18 S DISTRICT TE C TA N F D IS T IC T O R C 26 27 28 3 [PROPOSED] STIPULATED PERMANENT INJUCTION Case Nos. 06-cv-05517-EMC and 09-cv-02955-EMC

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