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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIN COUNTY LOCAL OF THE
CALIFORNIA HOMELESS UNION, ET AL.

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Plaintiffs,
v.

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ORDER GRANTING APPLICATION FOR
TEMPORARY RESTRAINING ORDER AND
ORDER TO SHOW CAUSE RE:
PRELIMINARY INJUNCTION

CITY OF NOVATO, ET AL.,

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Case No. 21-cv-5401-YGR

Defendants.

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Plaintiffs Marin County Local of the California Homeless Union, Jason Sarris, Carrie
Healon, Zach Boulware, Lea Deangelo, Donald Hobbs, Lisa Johnson, Bethany Allen,

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United States District Court
Northern District of California

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(“Plaintiffs”) have filed their Amended Ex Parte Application and Complaint for Injunctive Relief

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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,

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for defendants City Of Novato; City Manager, Adam McGill; Mayor Pat Eklund; Mayor Pro Tem

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Eric Lucan; Chief of Police Mathew McCaffrey; and Public Works Director Chris Blunk

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(“Defendants”), was served by electronic transmission and personal service on July 14, 2021. No

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response has been filed by Defendants as of the time of this Order.
Having reviewed the application for Temporary Restraining Order and Preliminary

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Injunction, the Memorandum of Points and Authorities, the Declarations of Jason Sarris, Carrie

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Healon, Zach Boulware, Lea Deangelo, Donald Hobbs, Lisa Johnson, Bethany Allen, Flojaune

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Cofer, PhD, MPH, and counsel Anthony D. Prince, and the amended complaint filed herein, and

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good cause appearing, the Court GRANTS the application and ORDERS as follows:
ORDER TO SHOW CAUSE

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TO DEFENDANTS CITY OF NOVATO; ADAM MCGILL; PAT EKLUND; ERIC LUCAN; MATHEW

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MCCAFFREY; AND CHRIS BLUNK:

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YOU AND EACH OF YOU ARE ORDERED TO SHOW CAUSE why a preliminary injunction should

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not be entered against you to restrain and enjoin you and your agents, assigns and/or transferees,

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from:

(a) enforcing Novato Municipal Code Sections 7-11, 7-12, 14-20.5, 14-20.7 until further

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order of this Court; and
(b) closing Camp Compassion at Lee Gerner Park or otherwise removing those encamped

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therein.
TEMPORARY RESTRAINING ORDER

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Pending hearing on the Order to Show Cause, Defendants and their agents, assigns and/

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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

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order of this Court; and
(b) closing Camp Compassion at Lee Gerner Park or otherwise removing those

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United States District Court
Northern District of California

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encamped therein.

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IT IS FURTHER ORDERED THAT,

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1. Plaintiffs shall serve this Temporary Restraining Order and Order to Show Cause on

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Defendants no later than 5:00 p.m. on July 16, 2021, by personal service. Proof of such service

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and signed copies of all declarations in support of the preliminary injunctions shall be filed no

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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

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20, 2021.

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3. Any written reply shall be filed no later than Friday, July 23, 2021 at 12:00 noon.

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4. Hearing on the Order to Show Cause for Preliminary Injunction shall be held on at 1:30

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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.

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Dated:

July 15, 2021
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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