Marin County Homeless Union et al v. City of Novato et al

Filing 8

ORDER GRANTING APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION re 1 and 3 ; ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for Wednesday, 7/28/2021 01:30 PM via Zoom Webinar Videoconference. Opposition due by 7/20/2021; Reply due 7/23/2021 by noon. Signed by Judge Yvonne Gonzalez Rogers on 7/15/2021. (fs, COURT STAFF) (Filed on 7/15/2021)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 MARIN COUNTY LOCAL OF THE CALIFORNIA HOMELESS UNION, ET AL. 5 Plaintiffs, v. 6 7 ORDER GRANTING APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION CITY OF NOVATO, ET AL., 8 Case No. 21-cv-5401-YGR Defendants. 9 Plaintiffs Marin County Local of the California Homeless Union, Jason Sarris, Carrie Healon, Zach Boulware, Lea Deangelo, Donald Hobbs, Lisa Johnson, Bethany Allen, 11 United States District Court Northern District of California 10 (“Plaintiffs”) have filed their Amended Ex Parte Application and Complaint for Injunctive Relief 12 And A Declaratory Judgment, and supporting documents. (Dkt. Nos. 1, 3.) The proof of service attached to Docket No. 1-1 indicates that counsel Jeffrey A. Walter, 13 14 for defendants City Of Novato; City Manager, Adam McGill; Mayor Pat Eklund; Mayor Pro Tem 15 Eric Lucan; Chief of Police Mathew McCaffrey; and Public Works Director Chris Blunk 16 (“Defendants”), was served by electronic transmission and personal service on July 14, 2021. No 17 response has been filed by Defendants as of the time of this Order. Having reviewed the application for Temporary Restraining Order and Preliminary 18 19 Injunction, the Memorandum of Points and Authorities, the Declarations of Jason Sarris, Carrie 20 Healon, Zach Boulware, Lea Deangelo, Donald Hobbs, Lisa Johnson, Bethany Allen, Flojaune 21 Cofer, PhD, MPH, and counsel Anthony D. Prince, and the amended complaint filed herein, and 22 good cause appearing, the Court GRANTS the application and ORDERS as follows: ORDER TO SHOW CAUSE 23 24 TO DEFENDANTS CITY OF NOVATO; ADAM MCGILL; PAT EKLUND; ERIC LUCAN; MATHEW 25 MCCAFFREY; AND CHRIS BLUNK: 26 YOU AND EACH OF YOU ARE ORDERED TO SHOW CAUSE why a preliminary injunction should 27 not be entered against you to restrain and enjoin you and your agents, assigns and/or transferees, 28 from: (a) enforcing Novato Municipal Code Sections 7-11, 7-12, 14-20.5, 14-20.7 until further 1 2 order of this Court; and (b) closing Camp Compassion at Lee Gerner Park or otherwise removing those encamped 3 4 therein. TEMPORARY RESTRAINING ORDER 5 Pending hearing on the Order to Show Cause, Defendants and their agents, assigns and/ 6 7 or transferees, are immediately restrained and enjoined from: (a) enforcing Novato Municipal Code Sections 7-11, 7-12, 14-20.5, 14-20.7 until further 8 9 order of this Court; and (b) closing Camp Compassion at Lee Gerner Park or otherwise removing those 10 United States District Court Northern District of California 11 encamped therein. 12 IT IS FURTHER ORDERED THAT, 13 1. Plaintiffs shall serve this Temporary Restraining Order and Order to Show Cause on 14 Defendants no later than 5:00 p.m. on July 16, 2021, by personal service. Proof of such service 15 and signed copies of all declarations in support of the preliminary injunctions shall be filed no 16 later than 9:00 a.m. on Monday, July 19, 2021. 2. Any opposition to the Order to Show Cause shall be filed no later than Tuesday, July 17 18 20, 2021. 19 3. Any written reply shall be filed no later than Friday, July 23, 2021 at 12:00 noon. 20 4. Hearing on the Order to Show Cause for Preliminary Injunction shall be held on at 1:30 21 22 23 p.m. on Wednesday July 28, 2021 via the Zoom videoconference platform. The Court will entertain a modified schedule for briefing and hearing, and extension of the temporary restraining order, if presented by stipulation of the parties. IT IS SO ORDERED. 24 25 26 27 Dated: July 15, 2021 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 28 2

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