Warren v. City of Chico ( 2022 )

1 LEGAL SERVICES OF NORTHERN CALIFORNIA CORY TURNER, SBN # 285235 2 E-mail: cturner@lsnc.net 541 Normal Avenue 3 Chico, CA 95928 Telephone: (530) 345-9491 4 Fax: (530) 345-6913 5 SARAH J. STEINHEIMER, SBN # 267552 E-mail: ssteinheimer@lsnc.net 6 STEPHEN E. GOLDBERG, SBN # 173499 E-mail: sgoldberg@lsnc.net 7 517 12th Street Sacramento, CA 95928 8 Telephone: (916) 551-2150 Fax: (916) 551-2195 9 Attorneys for Plaintiffs 10 Additional counsel continued on next page 11 Roger A. Colvin, Esq. (SBN 68773) Vincent C. Ewing, Esq. (SBN 177708) 12 Eric G. Salbert, Esq. (SBN 276073) ALVAREZ-GLASMAN & COLVIN 13 Attorneys at Law 13181 Crossroads Parkway North, Suite 400 14 City of Industry, CA 91746 Telephone (562) 699-5500 ꞏ Facsimile (562) 692-2244 15 rcolvin@agclawfirm.com; vewing@agclawfirm.com esalbert@agclawfirm.com 16 Attorneys for Defendants 17 18 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 19 SACRAMENTO DIVISION 20 21 BOBBY WAR REN; A NDY LAMB ACH; Case No. 2:21-cv-00640- MCE-DMC JONATHON WILLIAMS; MICHAEL 22 SAMUELSON; TRACY MILLER; TONA PETERSEN; CAROL BETH STIPULATED ORDER RE: SETTLEMENT, 23 THOMPSON; CHRISTA STEVENS, DISMISSAL AND CONTINUING JURISDICTION 24 Plaintiffs, 25 v. Judge: Hon. Morrison C. England, Jr. 26 CITY OF CHICO; CITY OF CHICO POLICE DEPARTMENT, 27 Defendants. 28 1 WESTERN CENTER ON LAW & POVERTY ALEXANDER PRIETO, SBN # 270864 2 Email: aprieto@wclp.org ROBERT D. NEWMAN, SBN # 86534 3 Email: rnewman@wclp.org 4 RICHARD ROTHSCHILD, SBN # 67356 Email: rrothschild@wclp.org 5 3701 Wilshire Blvd., Suite 208 Los Angeles, CA 90010 6 Telephone: (213) 487-7211 Fax: (213) 487-0242 7 8 Attorneys for Plaintiffs 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 On April 8, 2021, Plaintiffs Bobby Warren, Andy Lambach, Jonathon Williams, Michael 2 Samuelson, Tracy Miller, Tona Peterson, Carol Beth Thompson, and Christa Stevens (collectively 3 “Plaintiffs”) filed the above-captioned lawsuit against the City o f Chico and the City of Chico 4 Police Department (collectively “Defendants”). ECF 1. On April 11, 2021, Plaintiffs filed a First 5 Amended Complaint alleging that Defendants unlawfully enforced a citywide web of local laws 6 that imposed criminal penalties on people experiencing unsheltered homelessness when they 7 sleep, sit, lie down, and rest in public in violation of, among other things, the Fourth, Eighth, and 8 Fourteenth Amendments of the United States Constitution and California civil rights laws. ECF 9 34. Defendants have denied all material allegations in the First Amended Complaint. ECF 86. 10 On April 11, 2021, this Court granted the Temporary Restraining Order restraining and 11 enjoining Defendants from enforcing or threatening to enforce laws regulating camping, entering 12 and remaining, and storing personal property on public property. ECF 37. On July 8, 2021, this 13 Court entered a Preliminary Injunction against Defendants continuing the same terms previously 14 set forth in the Temporary Restraining Order. ECF 110. 15 Following extensive discussions, the Parties subsequently reached a settlement resolving 16 the disputed claims in this Action. A copy of the fully executed Settlement Agreement 17 (“Settlement Agreement”) is attached hereto as Exhibit A, the terms of which are expressly 18 incorporated herein by reference. 19 The Court hereby expressly retains jurisdiction to resolve any future disputes regarding 20 the interpretation, performance, or enforcement of the Settlement Agreement for a period of five 21 (5) years from the date of dismissal. See Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 381 22 (1994); Flanagan v. Arnaiz, 143 F.3d 540, 544 (9th Cir. 1998). 23 NOW THEREFORE, pursuant to Federal Rule of Civil Procedure 41(a)(2), and good 24 cause appearing therefore, the Court HEREBY ORDERS AND DECREES the following: 25 1. The Court’s Preliminary Injunction dated July 8, 2021, is hereby dissolved in its entirety. 26 2. This Order expressly incorporates all of the terms of the Settlement Agreement, attached 27 as Exhibit A, into this Order, including and expressly, all nonmonetary terms set forth in 28 the Settlement Agreement. 1 3. The Court expressly retains exclusive jurisdiction for a period of five (5) years from the 2 date of entry of this Order to enforce the Settlement Agreement, and refers this matter to 3 Magistrate Judge Kendall J. Newman to resolve any future disputes pursuant to the 4 Dispute Resolution procedures in the Settlement Agreement regarding interpretation, 5 performance, or enforcement of the Settlement Agreement, including and expressly, 6 nonmonetary terms set forth in the Settlement Agreement. Specifically, exclusive 7 jurisdiction shall be with the District Court and all future decisions will be made by 8 Magistrate Judge Kendall J. Newman. 9 4. Except as provided otherwise in the Settlement Agreement, each side shall bear their own 10 fees and costs in this Action. 11 5. This entire Action is hereby dismissed with prejudice as to all Defendants. 12 IT IS SO ORDERED. 13 | Dated: January 14, 2022 15 MORRISON C. ENGLAND, J UNITED STATES DISTRI 16 17 8 APPROVED AS TO FORM 19 | Dated: January 13, 2022 LEGAL SERVICES OF NORTHERN CALIFORNIA 20 21 By: /s/Sarah J. Stemheimer Sarah J. Sternheimer 22 Attorneys for Plaintiffs 23 24 25 | Dated: January 12, 2022 WESTERN CENTER ON LAW & POVERTY 26 27 By: /s/Robert D. Newman __ Robert D. Newman 28 Attomeys for Plaintiffs 1 Dated: January 13, 2022 ALVAREZ-GLASMAN & COLVIN 2 3 By: /s/Vincent C. Ewing__ __ Vincent C. Ewing 4 Attorneys for Defendants 5 6 7 8 All parties have authorized the use of their electronic signatures for this document. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28