Tag Archives: David Carter

Mere Moments Ago Judge David Carter Issues Minute Order Extending His Temporary Restraining Order Against Orange County Or Cities Evicting Homeless People From Santa Ana River Bed Until The End Of Tomorrow, Wednesday, February 14

For background, see Luke Money‘s excellent coverage in the Times, starting with this January 29 article on the Lawsuit and continuing with this article on the February 13 hearing. Coverage is also being handled by Hannah Fry and Doug Smith. You can also download selected pleadings in the case from our Archive.Org site.

This morning a hearing was held before Judge David Carter on the plaintiffs’ motion to grant a temporary order restraining local governments from evicting or arresting homeless people on the bed of the Santa Ana River1 Last week, in anticipation of today’s hearing, Carter issued a temporary injunction which is set to expire at midnight tonight.

Today’s hearing was meant to determine whether the injunction should be extended. It seems that the hearing is continuing over until tomorrow, because mere moments ago he filed a minute order extending the temporary restraining order until tomorrow night “[b]ecause the hearing is continuing to February 14, 2018.”Look for the final order here, and find a transcription of tonight’s order after the break.
Continue reading Mere Moments Ago Judge David Carter Issues Minute Order Extending His Temporary Restraining Order Against Orange County Or Cities Evicting Homeless People From Santa Ana River Bed Until The End Of Tomorrow, Wednesday, February 14

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Amicus Briefs Filed In Orange County Catholic Worker Case In Support Of Injunction Against Evictions, Hearing On Tuesday Morning, February 13

For background, see Luke Money‘s excellent coverage in the Times, starting with this January 29 article on the Lawsuit and continuing with this article on the February 13 hearing. You can also download selected pleadings in the case from our Archive.Org site.

Last week Judge Carter issued a temporary restraining order prohibiting Orange County, the City of Anaheim, and anyone else who might be minded to do so from arresting anyone on the bed of the Santa Ana River for trespassing, camping, and similar anti-homeless offenses. Prior to this, on February 4, in the order setting the fast-approaching February 13 hearing2 on the plaintiffs’ original application for a restraining order, Carter invited a broad range of non-parties to appear at Tuesday’s hearing:

The Court also welcomes attendance at the hearing and written briefing by any amicus groups, which may include veterans’ organizations, service providers, abused women’s protection and housing organizations, and other cities affected by the homelessness crisis in Orange County that are not named as Defendants in this case.

Well, beginning last Friday and continuing on through tonight, a number of amicus briefs were filed. You can find a list and links to the actual pleadings after the break. Also, although I’m not really committing myself to covering every aspect of this case, it’s been really interesting so far, so I went ahead and set up a page on the Archive to collect pleadings.
Continue reading Amicus Briefs Filed In Orange County Catholic Worker Case In Support Of Injunction Against Evictions, Hearing On Tuesday Morning, February 13

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In Response To Emergency Motion Filed Yesterday By Plaintiffs, Last Night Federal Judge David Carter Issued Temporary Injunction Forbidding Orange County From Arresting Homeless People On The Santa Ana Riverbed Pending The Scheduled Hearing On February 13

For background, see Luke Money‘s excellent coverage in the Times, starting with this January 29 article on the Lawsuit and continuing with Monday’s article on the February 13 hearing.

UPDATE: The Times (finally) got around to covering this development this afternoon. Here’s their story on the temporary restraining order.

I’m not really covering the lawsuit, filed on January 29, by the Orange County Catholic Worker and Carol Sobel’s law firm against Orange County for civil rights violations incurred against homeless human beings living on the bed of the Santa Ana River.1 You can read the initial complaint here to get an idea of what’s going on.

Yesterday afternoon the plaintiffs asked the County when they were going to start arresting people living on the riverbed and the County replied at 5:31 p.m. that arrests would begin today, February 7. Read the entire email exchange here:

Consequently, beginning tomorrow morning, OCSD personnel will begin advising people remaining on the District Santa Ana Riverbed property that they must vacate or may be cited and/or arrested for trespassing.

This prompted the plaintiffs to file an Emergency Request to Stay Arrests with the court. The metadata of that PDF suggests it was written at 5:59 yesterday, about half an hour after the County’s reply. There is a transcription after the break.

This, in turn, prompted the court to issue an Order Granting Temporary Restraining Order forbidding the County from arresting homeless human beings on the riverbed for trespassing, loitering, or camping, until the hearing on February 13. The metadata of that PDF suggests that it was written at 11:11 p.m. yesterday. There is a transcription after the break.
Continue reading In Response To Emergency Motion Filed Yesterday By Plaintiffs, Last Night Federal Judge David Carter Issued Temporary Injunction Forbidding Orange County From Arresting Homeless People On The Santa Ana Riverbed Pending The Scheduled Hearing On February 13

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