Allen, et al v. County of Lake, et al

Filing 33

ORDER Setting Briefing and Hearing Schedule on Plaintiffs' Motion for Preliminary Injunction. Plaintiffs' Supplemental Memorandum due by 9/17/14. Proof of Service due by 9/19/14. Responses due by 9/29/2014. Motion Hearing set for 10/6/2014 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 09/16/14. (tehlc2, COURT STAFF) (Filed on 9/16/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MONA ALLEN, et al.,

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Plaintiffs,

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v.
COUNTY OF LAKE, et al.,

Case No. 14-cv-03934-TEH
ORDER RE: BRIEFING SCHEDULE
ON MOTION FOR PRELIMINARY
INJUNCTION

Defendants.

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On September 1, 2014, Plaintiffs Mona Allen, et al., filed an amended ex parte

United States District Court
Northern District of California

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application for a temporary restraining order (“TRO”) against Defendants County of Lake,

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et al., regarding abatement actions conducted against Plaintiffs’ medical marijuana

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cultivations pursuant to Ordinance No. 2997. Pls.’Amended Ex Parte Application (Docket

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No. 5). The Court held a hearing on the requested TRO on September 2, 2014. Upon the

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request of Court, Plaintiffs filed a supplemental brief on the issue of irreparable harm the

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following day. Pls.’ Supplemental Brief (Docket No. 24). On September 4, 2014, the

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Court denied Plaintiffs’ TRO request, finding a lack of likelihood of irreparable harm to

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the participating Plaintiffs. Order Denying Pls.’ Request for TRO (Docket No. 26).

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In its Order, the Court additionally instructed the parties to meet, confer, and

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provide a joint statement regarding their agreement or disagreement over the briefing and

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hearing schedule on Plaintiffs’ Motion for Preliminary Injunction. Id. The parties

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provided this joint statement on September 12, 2014, informing the Court of their

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disagreement. Joint Letter (Docket No. 30). Plaintiffs suggested an expedited briefing and

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hearing schedule on the grounds that Defendants have indicated their intent to continue

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abatement actions during this “height of the marijuana cultivation season.” Id. Defendants

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acknowledged that we are in the midst of the cultivation season at the TRO hearing on

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September 2, 2014. Plaintiffs further alleged that some Defendants have evaded service,

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but noted that they anticipated completion of service by September 16, 2014. Id.

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Conversely, Defendants stated that at least two of the named defendants have not been

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served, and requested a hearing be set for sixty days after all parties have been served with

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notice of the Motion for Preliminary Injunction and the underlying Complaint. Id.

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While the Court notes the significance of the marijuana cultivation season for

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Plaintiffs’ Motion for Preliminary Injunction, due process concerns necessitate that the

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Court proceed cautiously where it lacks proof that at least two named Defendants have

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received notice and service of the Motion and underlying Complaint. However, potential

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evasion of service by some Defendants should not indefinitely delay proceedings against

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all Defendants. For that reason, the Court sets a briefing and hearing schedule that
includes a deadline for proof of service, after which point the Motion may only continue

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United States District Court
Northern District of California

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against those Defendants that have been properly served, with proof provided to the Court.

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The Court HEREBY ORDERS the following briefing and hearing schedule:

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1. Plaintiffs’ supplemental memorandum and declarations due by September
17, 2014.

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2. Plaintiffs’ must provide proof of service for all named Defendants no later

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than September 19, 2014. The Motion will only proceed against those

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Defendants that have been properly served, with proof provided to the Court,

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by this deadline.

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3. Defendants’ opposition and declarations due by September 29, 2014.

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4. Hearing on Motion for Preliminary Injunction on October 6, 2014.

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IT IS SO ORDERED.

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Dated: 9/16/14

_____________________________________
THELTON E. HENDERSON
United States District Judge

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