Prado et al v. City of Berkeley

Filing 45

ORDER Temporarily Enjoining Encampment Closure. See Docket No. 42 . The Court shall hold a hearing on 42 Plaintiffs' motion on November 14, 2023, at 1:30 p.m. Signed by Judge Edward M. Chen on 11/13/2023. (emclc2, COURT STAFF) (Filed on 11/13/2023)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 YESICA PRADO, et al., 8 Plaintiffs, 9 10 United States District Court Northern District of California 11 Case No. 23-cv-04537-EMC ORDER TEMPORARILY ENJOINING ENCAMPMENT CLOSURE v. CITY OF BERKELEY, Defendants. Docket No. 42 12 13 14 Plaintiffs have filed an emergency motion seeking various forms of relief related to one of 15 the named plaintiffs, Mr. Spencer. See Docket No. 42-1 (proposed order) (asking that the City be 16 ordered to remove fences preventing Mr. Spencer from returning to his original camp; that the 17 City be enjoined from closing Mr. Spencer’s current camp; and that the City be ordered to show 18 cause why sanctions should not issue). Having considered Plaintiffs’ submissions, the Court 19 hereby temporarily ENJOINS the City from closing Mr. Spencer’s current camp – i.e., from 20 enforcing the notice issued on November 9, 2023, stating that the camp would be closed on 21 November 14, 2023. See Nicoletti Decl., Ex. F (noticed issued to “Persons Encamped on South 22 Side of Harrison between 8th and 7th Street”). The balance of hardships tips sharply in Mr. 23 Spencer’s favor given that he is unable to return to his original camp and that the City has directed 24 him to leave his current camp (even though, apparently, the City previously advised him he could 25 be there). There are also serious questions going to the merits given that the City appears not to 26 have complied with the Court’s prior order allowing campers such as Mr. Spencer to return to 27 their original camps (i.e., after the abatement). See Docket No. 26 (Order at 16). 28 The Court shall hold a hearing on Plaintiff’s motion on November 14, 2023, at 1:30 p.m. 1 The City may file an opposition to the motion by 10:00 a.m. on November 14, 2023. 2 3 IT IS SO ORDERED. 4 5 Dated: November 13, 2023 6 7 8 ______________________________________ EDWARD M. CHEN United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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