Scwarz v. Town of Fairfax

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 CECIL BRHEATH SCWARZ, et al., 10 Case No. 25-cv-06395-RS Plaintiffs, 11 v. REVISED TEMPORARY 12 RESTRAINING ORDER TOWN OF FAIRFAX, et al., 13 Defendants. 14

15 By order dated July 31, 2025, Defendants in this matter were restrained from implementing 16 the Notice to Vacate they posted at the relevant encampment. Following a hearing held August 6, 17 2025, the order is hereby revised so that it applies only to those present at the camp as of July 31 18 who are not otherwise subject to any prior judicial determination. See, e.g., Koontz v. Town of 19 Fairfax, No. 25-cv-01311-RFL, 2025 WL 1766046, at *1 (N.D. Cal. Apr. 1, 2025). This revised 20 order will extend 14 days from today’s date or until the court decides Plaintiffs’ bid for a 21 preliminary injunction, whichever comes sooner, in accord with the parties’ representations at the 22 August 6 hearing. 23 In the meantime, this matter is referred to Magistrate Judge Robert Illman for mediation 24 and settlement discussions. The parties are encouraged to make every effort to resolve this dispute 25 in a timely and productive manner. 26 Briefing on the preliminary injunction motion will proceed as follows. Plaintiffs must file 27 their opening brief by Monday, August 11; Defendants must file their responsive brief by Friday, 1 on the motion will take place Tuesday, August 19, at 3 pm, by videoconference. 2 3 || ITISSO ORDERED. 4 5 Dated: August 6, 2025 6 RICHARD SEEBORG 7 Chief United States District Judge 8 9 10 11 12

15 16

= 17

Z 18 19 20 21 22 23 24 25 26 27 28 << SHORT ORDER TITLE >> CASE No. 25-cv-06395-RS