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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G. WHITNEY LEIGH (SBN 153457)
GONZALEZ & LEIGH LLP
744 Montgomery Street, Fifth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
DENIZ BOLBOL

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JOSEPH P. CUVIELLO
P.O. Box 2834
Redwood City, CA 94064
Telephone: [phone]
Plaintiff In Pro Se

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STEPHEN M. MACPHAIL, Bar No. 106522
BRAGG & KULUVA
555 S. Flower Street, Suite 600
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants,
SMG, COUNTY OF ALAMEDA,
RON LITTLE, LEROY “SKEET” ELLIS,
OAKLAND-ALAMEDA COUNTY COLISEUM AUTHORITY
OAKLAND COLISEUM JOINT VENTURE

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RICHARD M. WILLIAMS
Gray •Duffy, LLP
702 Marshall Street, Suite 600
Redwood City, CA 94063
Telephone: Office: [phone]
Attorneys for Defendants CITY OF OAKLAND
OAKLAND POLICE OFFICER R. VALLADON,
OAKLAND POLICE OFFICER R. VILLEGAS

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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JOSEPH P. CUVIELLO AND
DENIZ BOLBOL, INDIVIDUALLY,

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Plaintiffs,
v.

Case Nos. 06-cv-05517-EMC
and 09-cv-02955-EMC
[PROPOSED] STIPULATED
PERMANENT INJUNCTION

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CITY OF OAKLAND, A PUBLIC ENTITY,
et al.,
Defendants.

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[PROPOSED] STIPULATED PERMANENT INJUNCTION
Case Nos. 06-cv-05517-EMC and 09-cv-02955-EMC

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INTRODUCTION

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In accordance with the Court’s Order Granting Plaintiffs’ Motion for Voluntary

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Dismissal dated November 15, 2012 (See Docket 531), Plaintiffs and Defendants jointly submit

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this proposed Stipulated Permanent Injunction (“Injunction”). The parties have consented to

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the entry of this Stipulated Permanent Injunction to resolve all matters of dispute between them

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in the above-entitled actions. Pursuant to the Court’s November 15, 2012 Order, this proposed

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Stipulated Permanent Injunction contains all of the terms of the agreed-upon permanent

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injunction for this case.

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Permanent Injunction
Plaintiffs and up to (4) four persons acting in concert, shall be permitted to unfettered

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access without any ticket requirement the following areas in order to conduct their free speech

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activity (i.e., videotaping, displaying signs, leafletting, or otherwise protesting):

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(1) A three (3)-foot wide walkway running alongside the perimeter wall of the animal

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compound. Defendants or Ringling Bros. may construct a fence to demark the three (3)-foot

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wide walkway on side of walkway opposite the perimeter wall of the animal compound of the

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Ringling Bros. Circus events, located on the North and East sides and West side to the frontage

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road entrance gate, at the Oracle Arena in Oakland,California, to create a corridor.

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(2) The barricaded corridor leading to the animal compound, the area outside of but

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directly adjacent to the corridor, and the gap between the corridor and the animal compound

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entrance except that there shall be a ten-foot buffer zone surrounding the entrance of the

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compound. Plaintiffs may temporarily be moved from the gap to permit movement of

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equipment and animals.

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(3) The upper west landing area, up to the point where the west ramp joins the landing.

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(4) One specific spot located in the area adjacent to the entrance to the north tunnel,

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which has a clear view of the entire tunnel. Here, only one person rather than four shall be

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permitted access.

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(5) The north ramp and landing.

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(6) The northeast stairs and base of the stairs.
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[PROPOSED] STIPULATED PERMANENT INJUCTION
Case Nos. 06-cv-05517-EMC and 09-cv-02955-EMC

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Furthermore, Plaintiffs and persons acting in concert with them should be permitted free

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access to all exterior areas of the Arena and parking lot which are otherwise open to the public.

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Defendants are required to distribute copies of the preliminary injunction to any security

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manager, security guard, and/or police officer providing security at the Arena during the circus

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engagement. Moreover, all security personnel should be briefed as to the material terms of the

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injunction.

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In addition, Defendants shall designate one “point person” during the entirety of the

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circus engagement at the Arena, who shall be responsible for communicating with

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Mr. Cuviello and Ms. Bolbol in the event of a dispute and who has the power to make immediate

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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.

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SO STIPULATED.

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Dated: November 26, 2012

GONZALEZ & LEIGH LLP

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By: /s/ G. Whitney Leigh
G. WHITNEY LEIGH
Attorneys for Plaintiff
DENIZ BOLBOL

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Dated: November 26, 2012

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/s/ Joseph Cuviello
JOSEPH CUVIELLO
Plaintiff In Pro Per

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[PROPOSED] STIPULATED PERMANENT INJUCTION
Case Nos. 06-cv-05517-EMC and 09-cv-02955-EMC

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Dated: November 26, 2012

BRAGG & KULUVA

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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

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Dated: November 26, 2012

GRAY DUFFY, LLP

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By: /s/ Richard M. Williams
RICHARD M. WILLIAMS
Attorneys for Defendants CITY OF
OAKLAND, OAKLAND POLICE
OFFICER R. VALLADON, OAKLAND
POLICE OFFICER R. VILLEGAS

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Therefore, Plaintiffs’ motion for voluntary dismissal of is hereby GRANTED.

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Upon the filing of this document, the Clerk of the Court shall enter a final judgment and close

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the file in this case.

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11/27/12
Dated: _____________________________ _________________________________________
ERED
O ORD M. Chen
Honorable Edward
IT IS S
United States District Judge

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IT IS SO ORDERED.

UNIT
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[PROPOSED] STIPULATED PERMANENT INJUCTION
Case Nos. 06-cv-05517-EMC and 09-cv-02955-EMC