U.S. District Court for the Northern District of California:
- Citizens for Free Speech Complaint – filed 2/7/2018
- Citizens for Free Speech Motion for Preliminary Injunction – filed 3/7/2018
Plaintiff Citizens for Free Speech filed a preliminary injunction to bar the County from prohibiting the Plaintiff from displaying signs on the property. Plaintiff stated that further litigation on the application of County’s sign ordinance is barred by res judicata. Plaintiff also asserted that County cannot proceed with abatement proceedings because it failed to file a counterclaim after the Breyer ruling.
- County of Alameda Opposition to Motion for Preliminary Injunction – filed 3/21/2018
- County of Alameda Request for Judicial Notice – filed 3/21/2018
- Declaration of County of Alameda’s Attorney – filed 3/21/2018
- Citizens for Free Speech Reply Brief in Support of Motion for Preliminary Injunction – filed 3/28/2018
- Court Order Vacating 4/11/2018 Hearing – 4/5/2018
- Court Order Denying Motion for Preliminary Injunction – filed 5/9/2018
Judge Brown Armstrong ruled against the Plaintiffs, citing that the Breyer ruling failed to invalidate the disputed ordinances; the County is not barred from taking further action by failure to file a counterclaim; and Plaintiff did not suffer irreparable harm.
- County of Alameda Motion to Dismiss – filed 5/24/2018
- Citizens for Free Speech First Amended Complaint – filed 6/7/2018
- County of Alameda Reply Brief – filed 6/11/2018
- County of Alameda Motion to Dismiss First Amended Complaint – filed 6/21/2018
- Citizens for Free Speech Response to Request for Fees – filed 6/26/2018
- Citizens for Free Speech Opposition to Defendants’ Motion to Dismiss – 7/9/2018
- Order Granting Defendants’ Motion to Dismiss – filed 9/4/2018
Judge Brown Armstrong granted the County’s Motion to Dismiss based on the elements for Younger absention, which requires a federal court abstain from considering claims that may interfere with ongoing state proceedings. She also ruled that all Plaintiff claims are barred by res judicata and lack substantive merit.
- Judgment – filed 9/4/2018
- Abatement Order from Alameda County Community Development Agency – issued 11/8/2018