Saberi et al v. City Of Oakland

Filing 14

ORDER DISSOLVING TEMPORARY RESTRAINING ORDER AND CLOSING CASE. Signed by Judge James Donato on 8/28/2024. ***Civil Case Terminated. (jdlc2, COURT STAFF) (Filed on 8/28/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

MASOUD SABERI, et al.,
Plaintiffs,

8
9
10

v.
CITY OF OAKLAND,

ORDER DISSOLVING TEMPORARY
RESTRAINING ORDER AND
CLOSING CASE

Defendant.

11

United States District Court
Northern District of California

Case No. 24-cv-05394-JD

12

The Court granted a temporary restraining order to preserve the status quo pending the

13

resolution of plaintiff Saberi’s TRO application. Dkt. No. 11. The order restrained the City of

14

Oakland from closing the encampment located at the 3400-3800 blocks of Beach St. and the

15

immediate area, and from removing from the encampment its residents, or their possessions and

16

vehicles. Id.

17

The City of Oakland filed a response stating that the closure operation of 3400-3800 Beach

18

Street planned for August 20, 2024, was “revised, and the posted notice was subsequently

19

withdrawn.” Dkt. No. 12-1 (Declaration of Assistant City Administrator Harold Duffey) ¶ 9. The

20

City represents that there is currently no scheduled date for the closure, id., and it consequently

21

requests that the Court “deny any further order restraining the City as moot.” Dkt. No. 12 at 2.

22

Plaintiff Saberi did not file a response or otherwise provide a reason for maintaining the

23

TRO. The TRO, Dkt. No. 11, is dissolved. Saberi’s application to proceed in forma pauperis,

24

Dkt. No. 2, is incomplete, and is denied on that basis. The case is closed.

25
26

IT IS SO ORDERED.
Dated: August 28, 2024

27
28

JAMES DONATO
United States District Judge