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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YESICA PRADO, et al.,

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Plaintiffs,

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United States District Court
Northern District of California

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Case No. 23-cv-04537-EMC
ORDER TEMPORARILY ENJOINING
ENCAMPMENT CLOSURE

v.
CITY OF BERKELEY,
Defendants.

Docket No. 42

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Plaintiffs have filed an emergency motion seeking various forms of relief related to one of

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the named plaintiffs, Mr. Spencer. See Docket No. 42-1 (proposed order) (asking that the City be

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ordered to remove fences preventing Mr. Spencer from returning to his original camp; that the

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City be enjoined from closing Mr. Spencer’s current camp; and that the City be ordered to show

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cause why sanctions should not issue). Having considered Plaintiffs’ submissions, the Court

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hereby temporarily ENJOINS the City from closing Mr. Spencer’s current camp – i.e., from

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enforcing the notice issued on November 9, 2023, stating that the camp would be closed on

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November 14, 2023. See Nicoletti Decl., Ex. F (noticed issued to “Persons Encamped on South

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Side of Harrison between 8th and 7th Street”). The balance of hardships tips sharply in Mr.

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Spencer’s favor given that he is unable to return to his original camp and that the City has directed

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him to leave his current camp (even though, apparently, the City previously advised him he could

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be there). There are also serious questions going to the merits given that the City appears not to

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have complied with the Court’s prior order allowing campers such as Mr. Spencer to return to

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their original camps (i.e., after the abatement). See Docket No. 26 (Order at 16).

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The Court shall hold a hearing on Plaintiff’s motion on November 14, 2023, at 1:30 p.m.

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The City may file an opposition to the motion by 10:00 a.m. on November 14, 2023.

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IT IS SO ORDERED.

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Dated: November 13, 2023

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______________________________________
EDWARD M. CHEN
United States District Judge

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United States District Court
Northern District of California

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