Cody et al v. City of Albany et al

Filing 38

ORDER SETTING BRIEFING AND HEARING SCHEDULE. Signed by Judge Charles R. Breyer on 11/14/2013. (crblc1, COURT STAFF) (Filed on 11/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 13-05270 CRB

KATHERINE CODY, et al.,

ORDER SETTING BRIEFING AND
HEARING SCHEDULE

Plaintiffs,
v.
CITY OF ALBANY, et al.,

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Defendants.

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The Court is in receipt of an ex parte Motion for Temporary Restraining Order

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(“TRO”) filed by Plaintiffs (homeless individuals and Albany Housing Advocates, a non-

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profit organization), asking the Court to halt a plan by Defendants (the City of Albany, the

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Albany Police Department, and the Albany Chief of Police) to evict homeless residents from

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the Albany Bulb, a 40 acre parcel of land upon which Plaintiffs have set up temporary

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shelters. See TRO (dkt. 3).1 The TRO asserts that the City plans to start evicting residents,

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seizing their belongings, and demolishing their shelters in “less than ten days.” Id. at 2.2

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Accordingly, in the interest of resolving this dispute expeditiously, the Court hereby

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Plaintiffs have not yet filed their supporting documents electronically, but the Court
understands that they intend to do so shortly.
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The TRO suggests that the evictions will not take place until the City’s communal trailers –
a measure intended to mitigate the harm of the evictions – are ready, an event that could occur “as soon
as November 15, 2013.” Id. at 3.

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ORDERS Defendants to file a response to the TRO by 5:00 PM Friday, November 15, 2013,

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and SETS a hearing in this matter for 2:00 PM on Monday, November 18, 2013.

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IT IS SO ORDERED.

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Dated: November 14, 2013

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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G:\CRBALL\2013\5270\order setting schedule.wpd

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