Rahman v. City Of Oakland

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA JOSEPH RAHMAN, Case No. 22-cv-05038-JD 8 Plaintiff, TEMPORARY RESTRAINING ORDER v. 10 CITY OF OAKLAND, Defendant.

12 The plaintiff, a homeless person at a Derby Avenue encampment site in Oakland, California, seeks a temporary restraining order (TRO) against agencies and officials of the City of Oakland to prevent a planned closure of the encampment and removal of the plaintiff and his possessions. See Dkt. No. 4. The Court has reviewed the complaint, motion for a TRO, and supporting exhibits.

17 Temporary relief is warranted to preserve the status quo until the defendant appears and responds. Consequently, a TRO is granted. See Fed. R. Civ. P. 65(b); Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1132 (9th Cir. 2011). Because of the short fuse in the timing of the case, the TRO is issued without notice. See Fed. R. Civ. P. 65(b)(1). Its terms appear at the end of this order.

22 The Clerk of the Court is requested to issue immediately a summons to the defendant, and the U.S. Marshal shall immediately serve a copy of the summons, complaint, motion for a TRO, and this order on the City of Oakland. Separately, the Clerk of the Court will immediately, no later than today, electronically serve a copy of this order, the complaint, and the motion for a TRO, on the Oakland City Attorney at [email protected].

27 A hearing on whether to maintain the TRO pending a determination about the issuance of a 11, 19th Floor, San Francisco. The City of Oakland may file a responsive brief of no more than 15 pages by noon on Friday, September 9, 2022. The briefing will solely address whether a TRO should remain in place until a decision on a preliminary injunction can be made. A briefing schedule on a preliminary injunction will be set, if appropriate, at the hearing.

5 TEMPORARY RESTRAINING ORDER 6 This TRO applies to the City of Oakland; its officers, agents, servants, employees, and attorneys; and persons who are in active concert or participation with the foregoing individuals || and entities. These individuals and entities are hereby restrained from proceeding with the || planned removal of persons, personal possessions, and structures from the Derby Avenue || encampment; closing the Derby Avenue encampment; or otherwise removing homeless 11 individuals from the Derby Avenue encampment.

12 This TRO does not prohibit particularized removals or other actions that are unrelated to 13 || the planned closure of the Derby Avenue encampment (such as lawfully removing possessions in || the course of suppressing a fire, or effectuating a lawful arrest for reasons unrelated to the planned 15 closure). a 16 Plaintiff's motion for permission for electronic case filing, Dkt. No. 5, is granted, and 17 || plaintiff's email address, [email protected], will be added to the ECF docket.

IT IS SO ORDERED.

19 Dated: September 6, 2022 JAME NATO 22 Unitedfftates District Judge