Case: Foster v. City of Oakland

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

CIVIL RIGHTS COMPLAINT against defendants J. Festag, City Of Oakland, Richard Word ( Filing fee $ 250, receipt number 4411378.). Filed by plaintiffDarnell Foster, Rafael Duarte. Jury demand, summons issued.42:USC 1983 (db, COURT STAFF) (Filed on 8/1/2005) Additional attachment(s) added on 8/16/2005 (rbe, COURT STAFF). (Entered: 08/02/2005)

ADR SCHEDULING ORDER: Case Management Statement due by 11/28/2005. Case Management Conference set for 12/5/2005 01:30 PM.. Signed by Judge Thelton E. Henderson on 12/24/04. (db, COURT STAFF) Additional attachment(s) added on 9/8/2005 (db, COURT STAFF). Additional attachment(s) added on 9/8/2005 (db, COURT STAFF). (Entered: 08/02/2005)

CASE DESIGNATED for Electronic Filing. (db, COURT STAFF) (Filed on 8/1/2005)

CERTIFICATE OF SERVICE by Darnell Foster re 1 Complaint,, 2 ADR Scheduling Order, (Burris, John) (Filed on 8/24/2005) (Entered: 08/24/2005)

CERTIFICATE OF SERVICE by Darnell Foster J. FESTAG (Burris, John) (Filed on 9/2/2005) (Entered: 09/02/2005)

CERTIFICATE OF SERVICE by Darnell Foster ; TO CITY OF OAKLAND (Burris, John) (Filed on 9/2/2005) (Entered: 09/02/2005)

AMENDED COMPLAINT FIRST AMENDED COMPLAINT FOR CLASS ACTION AND INDIVIDUAL RELIEF FOR INJURIES AND VIOLATION OF CIVIL RIGHTS against William Bergeron #7828, J. Festag, City Of Oakland, Richard Word. Filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 9/22/2005) (Entered: 09/22/2005)

AMENDED DOCUMENT by Darnell Foster. SUMMONS AND. (Attachments: # 1)(Burris, John) (Filed on 9/30/2005) (Entered: 09/30/2005)

AMENDED DOCUMENT by Darnell Foster. FIRST AMENDED SUMMONS. (Attachments: # 1)(Burris, John) (Filed on 9/30/2005) (Entered: 09/30/2005)

ORDER RELATING CASE to C 04-4843 MHP; Case reassigned to Judge Marilyn H. Patel for all further proceedings; Signed by Judge Marilyn Hall Patel on 10/5/2005. (awb, COURT-STAFF) (Filed on 10/6/2005) (Entered: 10/06/2005)

CLERK'S NOTICE: Case Management Conference set for 11/21/2005 03:00 PM before the Honorable Marilyn Hall Patel; Case Management Statement due by 11/10/2005. (awb, COURT-STAFF) (Filed on 10/7/2005) (Entered: 10/07/2005)

NOTICE of Appearance by Michael J. Haddad for Plaintiff Yancie Young and Class Members (Haddad, Michael) (Filed on 10/30/2005) (Entered: 10/30/2005)

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE by Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 11/18/2005) (Entered: 11/18/2005)

STIPULATION AND ORDER: Further Case Management Conference set for 1/9/2006 04:00 PM; Signed by Judge Marilyn Hall Patel on 11/22/2005. (awb, COURT-STAFF) (Filed on 11/23/2005) (Entered: 11/23/2005)

CLERK'S NOTICE: Status Conference reset for 1/19/2006 03:00 PM. Joint Status Report due by 1/9/2006. (awb, COURT-STAFF) (Filed on 12/28/2005) (Entered: 12/28/2005)

JOINT CASE MANAGEMENT STATEMENT filed by YANCIE YOUNG. (Haddad, Michael) (Filed on 1/9/2006) (Entered: 01/09/2006)

Minute Entry:Status Conference before the honorable Marilyn Hall Patel; (Date Filed: 1/20/2006). Related case order previously filed; Actions to be consolidated for discovery purposes; Defendant to submit declaration re organization of IA files re search parameters within 30 days; Plaintiffs to propose class representatives within thirty days; Stipulated protective order to be submitted; Briefing schedules as follows: Class Certification Motions to be filed by 3/21/2006; Oppositions to be filed by 6/26/2006; Status Conference set for 7/10/2006 at 3:00 pm, with a joint statement to be filed by 7/5/2006; Further discovery dates to be discussed at the status conference; Status Conference set for 7/10/2006 03:00 PM in Courtroom 15, 18th Floor, San Francisco. (Court Reporter Belle Ball.) (awb, COURT-STAFF) (Date Filed: 1/20/2006) (Entered: 01/20/2006)

MOTION to Certify Class PLAINTIFFS' PROPOSED CLASS REPRESENTATIVES filed by YANCIE YOUNG, Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 2/21/2006) (Entered: 02/21/2006)

Answer to Amended Complaint DEFENDANTS CITY OF OAKLAND, J. FESTAG, AND W. BERGERON'S ANSWER TO FIRST AMENDED COMPLAINT byJ. Festag, William Bergeron #7828, City Of Oakland. (Rosen, Arlene) (Filed on 2/22/2006) (Entered: 02/22/2006)

Summons Issued as to Richard Word. (First Amended Summons) (gba, COURT STAFF) (Filed on 3/6/2006)

SUMMONS Returned Executed by Darnell Foster, Rafael Duarte. Richard Word served on 3/10/2006, answer due 3/30/2006. (Burris, John) (Filed on 3/15/2006) (Entered: 03/15/2006)

*** FILED IN ERROR. PLEASE SEE DOCKET # 21 . *** MOTION to Certify Class filed by Darnell Foster, Rafael Duarte. Motion Hearing set for 4/24/2006 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Burris, John) (Filed on 3/20/2006) Modified on 3/21/2006 (ewn, COURT STAFF). (Entered: 03/20/2006)

CORRECTED MOTION to Certify Class CORRECTION OF DOCKET #(20) filed by Darnell Foster, Rafael Duarte. Motion Hearing set for 4/24/2006 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Exhibit A# 2 Proposed Order)(Burris, John) (Filed on 3/20/2006) Modified on 3/21/2006 (gba, COURT STAFF). (Entered: 03/20/2006)

Declaration of Ben Nisenbaum in Support of 21 MOTION to Certify Class CORRECTION OD DOCKET #(20) filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Attachments: # 1 Exhibit A)(Related document(s) 21 ) (Burris, John) (Filed on 3/23/2006) (Entered: 03/23/2006)

NOTICE by Darnell Foster, Rafael Duarte NOTICE TO VACATE HEARING DATE (Burris, John) (Filed on 3/24/2006) (Entered: 03/24/2006)

NOTICE by YANCIE YOUNG of Unavailability of Counsel for Any Purpose from May 8-24, 2006 (Haddad, Michael) (Filed on 5/7/2006) (Entered: 05/07/2006)

MOTION to Related Case NOTICE AND ADMINISTRATIVE MOTION TO DETERMINE WHETHER CASES SHOULD BE RELATED filed by Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 6/30/2006) (Entered: 06/30/2006)

STIPULATION AND ORDER: Status Conference reset for 7/31/2006 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 7/5/2006. (awb, COURT-STAFF) (Filed on 7/6/2006) (Entered: 07/06/2006)

ORDER by Judge Marilyn Hall Patel granting 25 Motion to Relate Case C 06-2426 MJJ to this action. (awb, COURT-STAFF) (Filed on 7/12/2006) (Entered: 07/12/2006)

Minute Entry: Status Conference before the Hon. Marilyn Hall Patel; Outstanding discovery discussed; Stipulated protective order to be filed within the week; Depositions of plaintiffs to be completed by end of Oct/2006; Amended motion(s) for class cert to be filed by 12/4/2006, with hearing 2:00 pm on 1/22/2007; (Date Filed: 8/1/2006).(Court Reporter Sahar McVicker.) (awb, COURT-STAFF) (Date Filed: 8/1/2006) (Entered: 08/01/2006)

Proposed Order STIPULATED PROTECTIVE ORDER by City Of Oakland. (Rosen, Arlene) (Filed on 8/4/2006) (Entered: 08/04/2006)

STIPULATED PROTECTIVE ORDER; Signed by Judge Marilyn Hall Patel on 8/28/2006. (Attachments: # 1)(awb, COURT-STAFF) (Filed on 8/29/2006) (Entered: 08/29/2006)

Declaration of Michael J. Haddad In Support of Plaintiffs' Amended Motion for Class Certification filed byYANCIE YOUNG. (Haddad, Michael) (Filed on 12/4/2006) (Entered: 12/04/2006)

MOTION to Certify Class PLAINTIFFS' AMENDED NOTICE, MOTION, AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION filed by Darnell Foster, Rafael Duarte. Motion Hearing set for 1/22/2007 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Burris, John) (Filed on 12/4/2006) (Entered: 12/04/2006)

Declaration of JOHN L. BURRIS in Support of 32 MOTION to Certify Class PLAINTIFFS' AMENDED NOTICE, MOTION, AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Related document(s) 32 ) (Burris, John) (Filed on 12/4/2006) (Entered: 12/04/2006)

Proposed Order re 32 MOTION to Certify Class PLAINTIFFS' AMENDED NOTICE, MOTION, AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION by YANCIE YOUNG, Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 12/5/2006) (Entered: 12/05/2006)

AFFIDAVIT in Opposition TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed byJ. Festag, William Bergeron #7828, City Of Oakland, Richard Word. (Westmore, Kandis) (Filed on 12/29/2006) (Entered: 12/29/2006)

DECLARATION of ARLENE M. ROSEN IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed byJ. Festag, William Bergeron #7828, City Of Oakland, Richard Word. (Westmore, Kandis) (Filed on 12/29/2006) (Entered: 12/29/2006)

Letter from Arlene M. Rosen dated January 2, 2007. (Westmore, Kandis) (Filed on 1/2/2007) (Entered: 01/02/2007)

MEMORANDUM in Opposition to Plaintiffs' Motion for Class Certification (Amended) filed byJ. Festag, William Bergeron #7828, City Of Oakland, Richard Word. (Westmore, Kandis) (Filed on 1/2/2007) (Entered: 01/02/2007)

Reply to Opposition re 32 MOTION to Certify Class PLAINTIFFS' AMENDED NOTICE, MOTION, AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION filed byYANCIE YOUNG. (Haddad, Michael) (Filed on 1/8/2007) (Entered: 01/08/2007)

Declaration of Michael J. Haddad in Support of 39 Reply to Opposition (Supplemental Haddad Decl.) filed byYANCIE YOUNG. (Attachments: # 1 Exhibit A, Young Deposition Excerpts# 2 Exhibit B, Rider Complaint# 3 Exhibit C, Taylor First Amended Complaint)(Related document(s) 39 ) (Haddad, Michael) (Filed on 1/8/2007) (Entered: 01/08/2007)

Minute Entry: Motion Hearing held on 1/22/2007 before Judge Marilyn Hall Patel (Date Filed: 1/24/2007). Motion for Class Certification denied without prejudice. Case Management Statement due by 2/26/2007. Case Management Conference set for 3/5/2007 03:00 PM. (Court Reporter Leo Mankiewicz.) (epb, COURT STAFF) (Date Filed: 1/24/2007) (Entered: 01/24/2007)

ORDER by Judge Marilyn Hall Patel denying 32 Motion to Certify Class. Signed by Judge Marilyn Hall Patel 1/27/07. (epb, COURT STAFF) (Filed on 1/29/2007) (Entered: 01/29/2007)

ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 2/14/2007) (Entered: 02/14/2007)

Minute Entry: Status Conference before the Honorable Marilyn Hall Patel; (Date Filed: 3/5/2007) (Date Filed: 3/5/2007); Briefing schedules as follows: Motions to be filed by 5/29/2007; Responses due by 6/18/2007; Replies due by 6/25/2007; Motion Hearing set for 7/9/2007 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Court Reporter Juanita Gonzales.) (awb, COURT-STAFF) (Date Filed: 3/5/2007) (Entered: 03/05/2007)

Set/Reset Hearings: Status Conference set for 8/6/2007 03:00 PM in Courtroom 15, 18th Floor, San Francisco before Hon. Marilyn H. Patel. (awb, COURT-STAFF) (Filed on 3/5/2007)

MOTION to Related Case Notice and Administrative Motion to Determine Whether Cases Should Be Related (Civil L.R. 3-12) filed by YANCIE YOUNG, Darnell Foster, Rafael Duarte. (Burris, John) (Filed on 4/2/2007) (Entered: 04/02/2007)

Cases associated. (gba, COURT STAFF) (Filed on 4/4/2007)

ORDER RELATING CASES C 04-4843 MHP, C 05-3110 MHP, C 05-3204 MHP, C 06-2426 MHP, and C 07-1773 EDL; Signed by Judge Marilyn Hall Patel on 4/13/2007. (awb, COURT-STAFF) (Filed on 4/17/2007) (Entered: 04/17/2007)

CLERK'S NOTICE: Further Case Management Conference set for 7/2/2007 03:00 PM before the Honorable Marilyn Hall Patel; Case Management Statement due by 6/22/2007. (awb, COURT-STAFF) (Filed on 4/19/2007) (Entered: 04/19/2007)

MOTION for Partial Summary Judgment Plaintiffs' Notice, Motion, And Memorandum Of Law In Support Of Motion For Partial Summary Judgment filed by YANCIE YOUNG, Darnell Foster, Rafael Duarte. Motion Hearing set for 7/9/2007 02:00 PM. (Attachments: # 1 Proposed Order)(Burris, John) (Filed on 5/29/2007) (Entered: 05/29/2007)

Declaration of JOHN J. RYAN in Support of 48 MOTION for Partial Summary Judgment Plaintiffs' Notice, Motion, And Memorandum Of Law In Support Of Motion For Partial Summary Judgment filed byDarnell Foster. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Related document(s) 48 ) (Burris, John) (Filed on 5/29/2007) (Entered: 05/29/2007)

Declaration of Benjamin Nisenbaum in Support of 48 MOTION for Partial Summary Judgment Plaintiffs' Notice, Motion, And Memorandum Of Law In Support Of Motion For Partial Summary Judgment filed byDarnell Foster. (Attachments: # 1 Exhibit A Deposition of Richard Word# 2 Exhibit EXH B Deposition of Jeffrey Israel pgs 1-49# 3 Exhibit EXH B Deposition of Jeffrey Israel pgs 50-102# 4 Exhibit EXH B Deposition of Jeffrey Israel Exhibits 1 and 2# 5 Exhibit EXH B Deposition of Jeffrey Israel Exhibit 3# 6 Exhibit EXH B Deposition of Jeffrey Israel Exhibits 4 and 5)(Related document(s) 48 ) (Burris, John) (Filed on 5/30/2007) (Entered: 05/30/2007)

Memorandum in Opposition DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed byCity of Oakland. (Westmore, Kandis) (Filed on 6/18/2007) (Entered: 06/18/2007)

Letter Brief re (50 in 3:04-cv-04843-MHP) Memorandum in Opposition STATEMENT OF GENUINE ISSUES IN OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed byCity of Oakland. (Westmore, Kandis) (Filed on 6/18/2007) (Entered: 06/18/2007)

EXHIBITS re (51 in 3:04-cv-04843-MHP) Letter Brief, (50 in 3:04-cv-04843-MHP) Memorandum in Opposition DEFENDANTS' SUPPORTING EVIDENCE IN SUPPORT OF OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT; INDEX OF EXHIBITS filed byCity of Oakland. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit A# 13 Exhibit B)(Westmore, Kandis) (Filed on 6/18/2007) (Entered: 06/18/2007)

Letter Brief LETTER TO JUDGE MARILYN HALL PATEL IN RESPONSE TO THE DECLARATION OF MICHAEL J. HADDAD FILED ON JUNE 19, 2007 filed byCity of Oakland. (Westmore, Kandis) (Filed on 6/21/2007) (Entered: 06/21/2007)

Declaration of ARLENE M. ROSEN IN SUPPORT OF 51 OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed by City of Oakland. (Westmore, Kandis) (Filed on 6/21/2007) Modified on 6/22/2007 (gba, COURT STAFF). (Entered: 06/21/2007)

CLERK'S NOTICE: Further Case Management Conference reset for 7/9/2007 02:00 PM. (awb, COURT-STAFF) (Filed on 6/28/2007) (Entered: 06/28/2007)

Request for Judicial Notice IN SUPPORT OF 51 DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed by City of Oakland. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Westmore, Kandis) (Filed on 6/28/2007) Modified on 6/29/2007 (gba, COURT STAFF). (Entered: 06/28/2007)

Set Deadlines/Hearings: Further Case Management Conference set for 7/9/2007 02:00 PM. (gba, COURT STAFF) (Filed on 6/29/2007)

MOTION for Partial Summary Judgment and Memorandum of Law In Support (erroneously filed in related case No. C-05-3110 MHP) filed by James Taylor. Motion Hearing set for 7/9/2007 02:00 PM. (Attachments: # 1 Proposed Order)(Burris, John) (Filed on 6/29/2007) Modified on 7/3/2007 (gba, COURT STAFF). (Entered: 06/29/2007)

Declaration of John J. Ryan in Support of (63 in 3:04-cv-04843-MHP) MOTION for Partial Summary Judgment and Memorandum of Law In Support (erroneously filed in related case No. C-05-3110 MHP) MOTION for Partial Summary Judgment and Memorandum of Law In Support (erroneously filed in related case No. C-05-3110 MHP) filed by James Taylor. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Supplement C)(Burris, John) (Filed on 6/29/2007) Modified on 7/3/2007 (gba, COURT STAFF). (Entered: 06/29/2007)

Declaration of Benjamin Nisenbaum in Support of (63 in 3:04-cv-04843-MHP) MOTION for Partial Summary Judgment and Memorandum of Law In Support (erroneously filed in related case No. C-05-3110 MHP) MOTION for Partial Summary Judgment and Memorandum of Law In Support (erroneously filed in related case No. C-05-3110 MHP) filed byJames Taylor. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit B pages 50-102# 4 Exhibit B Attachments 1 and 2# 5 Exhibit B Attachment 3-1# 6 Exhibit B Attachment 3-2# 7 Exhibit C with Exhibits A-D# 8 Exhibit C with Exhibits E-G)(Burris, John) (Filed on 6/29/2007) Modified on 7/3/2007 (gba, COURT STAFF). (Entered: 06/29/2007)

Minute Entry: Motion Hearing held on 7/9/2007 before Hon. Marilyn Hall Patel (Date Filed: 7/10/2007) re plaintiffs' motion for partial summary judgment (Court Reporter Sahar McVicker.) (awb, COURT-STAFF) (Date Filed: 7/10/2007) (Entered: 07/10/2007)

ORDER RELATING CASE C 07-6298 JCS to C 04-4843 MHP; Signed by Judge Marilyn Hall Patel on 3/18/2008. (awb, COURT-STAFF) (Filed on 3/19/2008) (Entered: 03/19/2008)

OPINION by Judge Marilyn Hall Patel: The court GRANTS IN PART plaintiffs motion for partial summary judgment with respect to the request for declaratory relief that the 1998 and 2004 OPD policies are unconstitutional in certain respects, and DENIES the motion for summary judgment on liability and declaratory relief on the individual searches at issue; The parties shall arrange a case management conference with the court to discuss the remedies necessary to comply with this order and for further proceedings in this and the other related cases. (awb, COURT-STAFF) (Filed on 3/27/2008) (Entered: 03/27/2008)

Minute Entry: Status Conference held on 5/5/2008 before the Hon. Marilyn Hall Patel (Date Filed: 5/6/2008 (Court Reporter Jim Yeomans.) (awb, COURT-STAFF) (Date Filed: 5/6/2008) (Entered: 05/06/2008)

JOINT CASE MANAGEMENT STATEMENT filed by YANCIE YOUNG, Darnell Foster, Rafael Duarte. (Attachments: # 1 Chart of Actions, # 2 Map of Locations)(Burris, John) (Filed on 6/6/2008) (Entered: 06/06/2008)

Minute Entry: Status Conference held on 6/11/2008 before the Hon. Marilyn Hall Patel; (Date Filed: 6/11/2008); Class cert motions to be filed by 9/15/2008; Responses due by 10/15/2008; Replies due by 11/15/2008; Motion Hearing set for 12/1/2008 02:00 PM; Final Pretrial Conference set for 2/19/2009 02:30 PM; Jury Trial set for 3/3/2009 08:30 AM;(Court Reporter Lydia Zinn.) (Attachments: # 1 Supplement) (awb, COURT-STAFF) (Date Filed: 6/11/2008) (Entered: 06/13/2008)

RENEWED MOTION to Certify Class filed by YANCIE YOUNG, Darnell Foster, Rafael Duarte. Motion Hearing set for 12/1/2008 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Sherwin, Julia) (Filed on 9/9/2008) Modified on 10/16/2008 (gba, COURT STAFF). (Entered: 09/09/2008)

Declaration of Julia Sherwin in Support of 67 MOTION to Certify Class PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Attachments: # 1 Exhibit A, Chart of Plaintiffs, # 2 Exhibit B, Sample Class Notice & Claim Forms, # 3 Exhibit C, Bynum Class Cert Order, # 4 Exhibit D, Fallehy Deposition, # 5 Exhibit E, CJSC Statistics, # 6 Exhibit F, Word Deposition, # 7 Exhibit G, Oakland Police Monitors' Report, # 8 Exhibit H, OPD 1998 Strip Search Policy, # 9 Exhibit I, OPD 2004 Strip Search Policy)(Related document(s) 67 ) (Sherwin, Julia) (Filed on 9/9/2008) (Entered: 09/09/2008)

Memorandum of Points and Authorities in Opposition to 67 PLAINTIFFS RENEWED MOTION FOR CLASS CERTIFICATION filed by City Of Oakland. (Westmore, Kandis) (Filed on 10/15/2008) Modified on 10/16/2008 (gba, COURT STAFF). (Entered: 10/15/2008)

DECLARATION of ARLENE ROSEN IN SUPPORT OF 69 DEFENDANTS' OPPOSITION TO PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION filed by City Of Oakland. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Rosen, Arlene) (Filed on 10/15/2008) Modified on 10/16/2008 (gba, COURT STAFF). (Entered: 10/15/2008)

CERTIFICATE OF SERVICE by City Of Oakland re 70 Declaration in Opposition, 69 Memorandum in Opposition (Westmore, Kandis) (Filed on 10/16/2008) (Entered: 10/16/2008)

STIPULATION AND ORDER EXTENDING FACT AND EXPERT DISCOVERY CUT-OFFS: Fact discovery extended to 1/6/2009; Expert designation by 1/13/2009; Signed by Judge Marilyn Hall Patel on 11/14/2008. (awb, COURT-STAFF) (Filed on 11/14/2008) (Entered: 11/14/2008)

Reply to Opposition re 67 MOTION to Certify Class PLAINTIFFS' RENEWED MOTION filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Sherwin, Julia) (Filed on 11/17/2008) (Entered: 11/17/2008)

Proposed Order (PROPOSED) ORDER DENYING PLAINTIFFS RENEWED MOTION FOR CLASS CERTIFICATION by City Of Oakland. (Westmore, Kandis) (Filed on 11/17/2008) (Entered: 11/17/2008)

Declaration of Julia Sherwin [SUPPLEMENTAL DECLARATION] in Support of 73 Reply to Opposition, 67 MOTION to Certify Class PLAINTIFFS' RENEWED MOTION filed byYANCIE YOUNG, Darnell Foster, Rafael Duarte. (Attachments: # 1 Exhibit A, Testimony of Shirley Poe CDC East Bay District Administrator, # 2 Exhibit B, CDC 2007 Report Re: Parolees, # 3 Exhibit C-1, OPD 2007 1st Watch Report, # 4 Exhibit C-2, OPD 2007 2nd Watch Report, # 5 Exhibit C-3, OPD 2007 3rd Watch Report, # 6 Exhibit D, San Francisco Chronicle re: OPD Racial Profiling, # 7 Exhibit E, Counsel Correspondence)(Related document(s) 73, 67 ) (Sherwin, Julia) (Filed on 11/17/2008) (Entered: 11/17/2008)

Proposed Order re 67 MOTION to Certify Class PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION, (PROPOSED) ORDER GRANTING by YANCIE YOUNG, Darnell Foster, Rafael Duarte. (Sherwin, Julia) (Filed on 11/17/2008) (Entered: 11/17/2008)

CLERKS NOTICE: Hearing on plaintiffs' motion (renewed) for class certification reset from 12/1/2008 to 12/8/2008 02:00 PM in Courtroom 15, 18th Floor, San Francisco before the Hon. Marilyn Hall Patel (awb, COURT-STAFF) (Filed on 11/25/2008) (Entered: 11/25/2008)

Minute Entry: Motion Hearing held on 12/8/2008 before Hon. Marilyn Hall Patel (Date Filed: 12/9/2008) re (67 in 3:05-cv-03110-MHP) MOTION to Certify Class; CASE REFERRED to a Magistrate Judge for Settlement Conference, to be completed within the next 60 days; (Court Reporter Connie Kuhl.) (awb, COURT-STAFF) (Date Filed: 12/9/2008) (Entered: 12/09/2008)

CASE REFERRED to Magistrate Judge James Larson for Settlement (cmw, COURT STAFF) (Filed on 12/17/2008)

Minute Entry: A conference was held in the case. (Date Filed: 1/12/2009). () (jlsec, COURT STAFF) (Date Filed: 1/12/2009) (Entered: 01/14/2009)

MEMORANDUM AND ORDER by Judge Marilyn Hall Patel denying (67) Motion to Certify Class in case 3:05-cv-03110-MHP (awb, COURT-STAFF) (Filed on 1/13/2009) (Entered: 01/13/2009)

STIPULATION AND ORDER CONTINUING PRETRIAL AND TRIAL DATES: Jury Trial reset for 6/30/2009 08:30 AM; Pretrial Conference set for 6/17/2009 02:30 PM; Signed by Judge Marilyn Hall Patel on 1/16/2009. (awb, COURT-STAFF) (Filed on 1/20/2009) (Entered: 01/20/2009)

Minute Entry: A Further Settlement Conference was held on 3/18/09. Parties are negotiating. (Date Filed: 3/18/2009). (Court Reporter n/a.) (jlsec, COURT STAFF) (Date Filed: 3/18/2009) (Entered: 03/19/2009)

Order Setting Settlement Conference before Magistrate Judge James Larson. Further Settlement Conference set for 6/10/2009 02:00 PM. Signed by Judge James Larson on 6/3/09. (jlsec, COURT STAFF) (Filed on 6/3/2009) (Entered: 06/03/2009)

Minute Entry: A Further Settlement Conference was held on 6/10/09. The parties continue to negotiate. (Date Filed: 6/10/2009). (Court Reporter n/a.) (jlsec, COURT STAFF) (Date Filed: 6/10/2009) (Entered: 06/17/2009)

Minute Entry: A Further Telephone Settlement Conference was held on 6/17/09. The parties continue to negotiate. (Date Filed: 6/17/2009). (Court Reporter n/a.) (jlsec, COURT STAFF) (Date Filed: 6/17/2009) (Entered: 06/17/2009)

CLERKS NOTICE: Further Status Conference set for 10/26/2009 03:00 PM before the Hon. Marilyn Hall Patel; Joint Case Management Statement due by 10/16/2009; Jury Trial reset for 2/9/2010 08:30 AM in Courtroom 15, 18th Floor, San Francisco. (awb, COURT STAFF) (Filed on 7/17/2009) (Entered: 07/17/2009)

MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young filed by YANCIE YOUNG. Motion Hearing set for 8/31/2009 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Haddad, Michael) (Filed on 7/23/2009) (Entered: 07/23/2009)

Proposed Order re 87 MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young by YANCIE YOUNG. (Haddad, Michael) (Filed on 7/23/2009) (Entered: 07/23/2009)

Declaration of Michael J. Haddad in Support of 87 MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young filed byYANCIE YOUNG. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Related document(s) 87 ) (Haddad, Michael) (Filed on 7/23/2009) (Entered: 07/23/2009)

Minute Entry: A further telephone conference was held on 7/28/09. (Date Filed: 7/28/2009). (Court Reporter n/a.) (jlsec, COURT STAFF) (Date Filed: 7/28/2009) (Entered: 08/10/2009)

STIPULATION AND ORDER RESETTING Hearing on Motion (101 in 3:04-cv-04843-MHP)(87 in 3:05-cv-03110-MHP) MOTION for Partial Summary Judgment to 9/21/2009 02:00 PM; Signed by Judge Marilyn Hall Patel on 8/26/2009. (awb, COURT STAFF) (Filed on 8/26/2009) (Entered: 08/26/2009)

Reply Memorandum re 87 MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young filed byYANCIE YOUNG. (Haddad, Michael) (Filed on 9/4/2009) (Entered: 09/04/2009)

OBJECTIONS to re 87 MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young (Plaintiff Yancie Young's Objections to Defendant's Evidence) by YANCIE YOUNG. (Haddad, Michael) (Filed on 9/4/2009) (Entered: 09/04/2009)

Minute Entry: Motion Hearing held on 9/21/2009 before Hon. Marilyn Hall Patel (Date Filed: 9/21/2009) re (87 in 3:05-cv-03110-MHP) MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young filed by YANCIE YOUNG, (101 in 3:04-cv-04843-MHP) MOTION for Partial Summary Judgment on Behalf of Plaintiff Yancie Young filed by Jimmy Rider: ( Status Conference confirmed for 10/26/2009 03:00 PM in Courtroom 15, 18th Floor, San Francisco)(Court Reporter Margo Garule.) (awb, COURT STAFF) (Date Filed: 9/21/2009) (Entered: 09/22/2009)