United States District Court for the Northern District of California, 2025

Scwarz v. Town of Fairfax

Scwarz v. Town of Fairfax
United States District Court for the Northern District of California · Decided August 6, 2025
Scwarz v. Town of Fairfax

Trial Court Opinion

7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA CECIL BRHEATH SCWARZ, et al., 10 Case No. 25-cv-06395-RS Plaintiffs, v. REVISED TEMPORARY 12 RESTRAINING ORDER TOWN OF FAIRFAX, et al., Defendants.

15 By order dated July 31, 2025, Defendants in this matter were restrained from implementing the Notice to Vacate they posted at the relevant encampment. Following a hearing held August 6, 2025, the order is hereby revised so that it applies only to those present at the camp as of July 31 who are not otherwise subject to any prior judicial determination. See, e.g., Koontz v. Town of Fairfax, No. 25-cv-01311-RFL, 2025 WL 1766046, at *1 (N.D. Cal. Apr. 1, 2025). This revised order will extend 14 days from today’s date or until the court decides Plaintiffs’ bid for a preliminary injunction, whichever comes sooner, in accord with the parties’ representations at the August 6 hearing.

23 In the meantime, this matter is referred to Magistrate Judge Robert Illman for mediation and settlement discussions. The parties are encouraged to make every effort to resolve this dispute in a timely and productive manner.

26 Briefing on the preliminary injunction motion will proceed as follows. Plaintiffs must file their opening brief by Monday, August 11; Defendants must file their responsive brief by Friday, on the motion will take place Tuesday, August 19, at 3 pm, by videoconference.

3 || ITISSO ORDERED.

5 Dated: August 6, 2025 RICHARD SEEBORG 7 Chief United States District Judge

= 17 Z 18 28 << SHORT ORDER TITLE >> CASE No. 25-cv-06395-RS

Case-law data current through December 31, 2025. Source: CourtListener bulk data.