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Entire Gateway Encampment Case Dismissed, Including Plaintiffs’ Appeal to the Ninth Circuit

Post Date:09/24/2019 1:22 PM

FOR IMMEDIATE RELEASE
September 18, 2019

Contact: Ralph Dimarucut
(831) 420 - 5017
RDimarucut@cityofsantacruz.com

Entire Gateway Encampment Case Dismissed,
Including Plaintiffs’ Appeal to the Ninth Circuit

SANTA CRUZ, CA— Both the district court case and the Ninth Circuit appeal for the Quintero v. City of Santa Cruz litigation were recently dismissed. The Quintero plaintiffs sought a court
order to stop the City’s closure of the Gateway Encampment (a.k.a. “Ross Camp”) on constitutional grounds.

In late April 2019, after a full evidentiary hearing, United States District Court Judge Edward J. Davila denied the plaintiffs’ request to prevent the City’s planned closure of the Gateway Encampment. The City peacefully closed the Gateway Encampment thereafter. The plaintiffs then took steps toward appealing Judge Davila’s denial of plaintiffs’ requested injunction, and it
appeared that some, or perhaps even all, of the plaintiffs intended on continuing with the litigation.

On April 30, 2019, the City filed a motion to dismiss the complaint. Plaintiffs failed to respond in writing to the City’s motion, and for that reason, the court issued an Order to Show Cause
(“OSC’) as to why the case should not be dismissed. The case was poised for dismissal at an oral argument hearing in late August of 2019, but representatives of some of the plaintiffs
appeared in court and argued against dismissal of the case. Judge Davila gave the plaintiffs another chance to respond in writing to the City’s motion and to the Court’s OSC, but the
plaintiffs failed to do so. The plaintiffs also failed to file a timely “opening brief” with the Ninth Circuit to appeal Judge Davila’s denial of their requested injunction.

On September 11, 2019, the plaintiffs’ appeal to the Ninth Circuit was dismissed due to plaintiffs’ failure to file an opening brief. A few hours later, Judge Davila dismissed the entire district court action due to the plaintiffs’ failure to prosecute the case.

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