Buffin et al v. City and County of San Francisco et al

Filing 90

ORDER REQUIRING SUPPLEMENTAL SUBMISSIONS; CONTINUING HEARING re 77 MOTION to Dismiss Third Amended Complaint filed by Kamala Harris, 81 Second MOTION to Intervene as Defendant filed by California Bail Agents Association, 76 MOTION to Dismiss THIRD AMENDED COMPLAINT filed by Vicki Hennessy, City and County of San Francisco. Signed by Judge Yvonne Gonzalez Rogers on 8/11/16. (fs, COURT STAFF) (Filed on 8/11/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RIANA BUFFIN, et al.,

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United States District Court
Northern District of California

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Plaintiffs,

Case No. 15-cv-04959-YGR
ORDER REQUIRING SUPPLEMENTAL
SUBMISSIONS; CONTINUING HEARING

v.
CITY AND COUNTY OF SAN FRANCISCO, et al.,

Re: Dkt. Nos. 76, 77, 81

Defendants.

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The Court has learned that defendant City and County of San Francisco (the “City”) may be

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implementing a pilot program that uses a computer-based algorithm to recommend whether pretrial

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release is appropriate for arrestees. The Court understands that the algorithm takes various

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circumstances into account, including level of education and prior offenses, rather than wealth

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status. (Compare Dkt. No. 71 ¶ 5 [“Plaintiffs seek declaratory and injunctive relief prohibiting

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Defendants’ wealth-based detention scheme and requiring that pretrial release or detention

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decisions be based on factors other than wealth status.”])

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By no later than August 16, 2016, at 9:00 a.m., the City shall file a supplemental brief

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indicating whether such a program exists, and if so, the City shall also provide a summary of the

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nature of the program, including any documents related thereto.

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In light of the foregoing, the hearing on the pending motions (Dkt. Nos. 76, 77, 81)
currently set on August 16, 2016, is CONTINUED as set forth below:
If the City indicates that no such program has been implemented, then the hearing shall take
place on August 23, 2016 on the Court’s 2:00 p.m. calendar.

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By contrast, if the City confirms that such a program has been implemented, then the

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hearing shall take place on September 13, 2016 at 9:00 a.m., and the parties shall file

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supplemental briefs addressing whether:

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(1) amendment of the operative complaint is necessary;

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(2) any arguments made in the parties’ briefing on the motions to dismiss are impacted and

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must be modified; and
(3) this action is moot, in part or in whole, as a result of the City’s implementation of the
program.
The City, defendant Sheriff Hennessy, and defendant Attorney General Harris, collectively, and
plaintiffs shall file supplemental briefs, if necessary, not to exceed ten (10) pages each, no later than

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United States District Court
Northern District of California

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August 24, 2016. Responses thereto, not to exceed seven (7) pages each, shall be filed no later

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than August 31, 2016.

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IT IS SO ORDERED.
Date: August 11, 2016

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_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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