PCU_//\_Free Assembly Project

Up one level

A special use Application for the “VIGIL For ECONOMIC JUSTICE” was submitted to the St. Louis Dept. of Parks, Recreation & Forestry on 11/29/11… final denial of a permit was confirmed by the Director’s letter of 1/6/12… the three ‘Volunteers’ moved to bring new claims into the ‘Compton’ case on 2/7/12:
With 2 of them already Plaintiffs in this live civil case on related facts & harms, they sought to add the 3rd Plaintiff and new official Defendants in “supplemental” claims under Rule 15 (FRCvP), separately captioned with the same case number ___/ ‘O’Bryan v. St.L Parks’ \___ to establish distinct new issues within its scope.

Over the ensuing weeks the pleadings were fully filed and amended, and Plaintiffs moved for a Preliminary Injunction hearing. However at a status conference on 4/2/11, the Judge DENIED the joinder of new parties & claims in the ‘Compton’ case:
With different official defendants and requested relief, either the Complaints had to be combined, or ‘O’Bryan’ had to be commenced as a separate case.

Docket Report, 14my12

Summary Docket Report in ‘Compton’ (# 4:11-cv-01975), as of May 14, 2012 — the 2 ‘phases’ of the case, by Docket nos.:    #01-33__TRO action v. St. Louis Police (11no11 – 13ja12) ….. #34-55__Vigil claims v. St. Louis Parks (7fe12 – 7my12).

34_Entry of Appearance & Motion for Leave…. (7fe12)

The strategy was to enter the live ‘Compton’ lawsuit, and to augment its weak claims with issues & arguments on the ‘Vigil’, as proposed and denied; attorney Timothy Hogan filed this on 2/7/12… Full Title:    “ENTRY OF APPEARANCE AS CO-COUNSEL FOR PLAINTIFFS BRADLEY VELTRE AND JONATHAN McFARLAND, AND AS PRINCIPAL COUNSEL FOR ADDITIONAL PLAINTIFF ANNABELL O’BRYAN, AND REQUEST FOR LEAVE TO ADD ADDITIONAL PARTY DEFENDANTS AND CAUSES OF ACTION ON THEIR BEHALF”

35_Second Motion for Time & Leave… (21fe12)

“Plaintiffs’ Second Request to Enlarge Time [and] for Leave to Add Additional Party Defendants and Causes of Action on Their Behalf”… proposed extension date Friday, February 24, 2012.

36_Defendants’ Response to 2nd Motion… (21fe12)

City Defendants’ Response to 35_Motion, questioning the standing of the new “putative plaintiff” (O’Bryan) in this case.

37_Supplemental Complaint… (24fe12)

“Supplemental Complaint for Declaratory and Injunctive Relief”… captioned with new parties in these claims: O’Bryan, Veltre & McFarland _V_ St. Louis Department of Parks, Recreation & Forestry; Gary D. Bess, Director; and Daniel W. Skillman, Commissioner. Official policies and actions in the shutdown of Occupy St. Louis and the special use Denial of the “Vigil for Economic Justice” are challenged in 4 Counts: {I} administrative law violations, unlawful delegation of authority; {II} facially unconstitutional permit policies; {III} procedural & substantive due process rights deprived; {IV} permit denial unconstitutional as-applied. __(Complaint filed with Affidavits & Exhibits attached, per Court’s ECF docket # as shown… below) –>

37.1_Affidavit- B. Veltre… (fe12)

Exhibit 1, Plaintiff Affidavit: Declaration of Bradley Veltre, with supporting documents attached. [# 1]

37.Exhibit 1-A_ Plaintiff Docs —

bv-Attmt ‘A’: “Cooperation Plan’, Vigil for Economic Justice; special use application submitted 29no11. [# 2]

37.Exhibit 1-B,C,D_ Plaintiff Docs —

bv-Attmt ‘B’: DPRF Director, Letter of Denial – 30no11 ….. bv-Attmt ‘C’: ‘VEJ’ Volunteers, “Request for Rehearing on Denial’ – 27de11 ….. bv-Attmt ‘D’: DPRF Director, Final Letter – 6ja12. [# 3]

37.2_Affidavit- A. O’Bryan (fe12)

Exhibit 2, Plaintiff Affidavit: Declaration of Annabell O’Bryan. [# 4]

37.3_Affidavit- J. McFarland (fe12)

Exhibit 3, Plaintiff Affidavit: Declaration of Johnathan McFarland. [# 5]

37.4_Affidavit- S. Addison (fe12)

Exhibit 4, Legal Observer Affidavit: Declaration of Scott C. Addison, with supporting documents attached. [# 6]

37.Exhibit 4-A,B,C_ Observer Docs —

sa-Attmt ‘A’ :: SLMPD Notice, Curfew Ordinance – 3oc11 ….. sa-Attmt ‘B’ :: St.L Parks, ‘Special Event’ permit form ….. sa-Attmt ‘C’ :: PCU/FAP: 1st Amendment Notice & Policy Critique – 5oc11. [# 7]

37.Exhibit 4-D,E,F_ Observer Docs —

sa-Attmt ‘D’ :: SlayBlog, “Dear Protesters…” – 6oc11 ….. sa-Attmt ‘E’ :: sca Webmail to Mayor – 10oc11 ….. sa-Attmt ‘F’ :: Photo: SLMPD Incident Command Center – 14oc11. [# 8]

37.Exhibit 4-G,H_ Observer Docs —

sa-Attmt ‘G’ :: DPRF proposed OSL permit – 28oc11 ….. sa-Attmt ‘H’ :: PCU/FAP: Review of ‘Draft’ permit – 1no11. [# 9]

37.Exhibit 4-I,J,K_ Observer Docs —

sa-Attmt ‘I’ :: SlayBlog_”Occupy StL” – 4no11 ….. sa-Attmt ‘J’ :: SlayBlog_”NewForum” – 10no11 ….. sa-Attmt ‘K’ :: SLMPD, 24-hr Eviction Notice – 10no11. [# 10]

38_Motion for Declaratory Judgment & Injunctive Relief… (24fe12)

“Motion of Plaintiffs O’Bryan, Veltre and McFarland for Declaratory Judgment, Preliminary and Permanent Injunctive Relief”.

39_Memorandum in Support of Complaint… (24fe12)

“Memorandum of Law in Support of Plaintiffs’ Complaint” (re: Doc. 37 filed).

40_Suggestions in Support of Motion… (24fe12)

“Suggestions in Support of Plaintiffs’ Motion for a Preliminary Injunction” (memorandum re: Doc. 38).

41_Clerk letter re: docs filed… (28fe12)

Letter from Clerk of Court to Legal Observer, re: return of documents for re-filing by attorney (see Doc. 48).

44_Motion for Leave to Amend… (16mr12)

“Plaintiffs’ Request for Leave to File Amended Supplemental Complaint and Amended Memorandum of Law in Support”. (Entered: 18mr12)

45_Amended Supplemental Complaint… (16mr12)

“Amended Supplemental Complaint for Declaratory and Injunctive Relief”. (Entered: 18mr12)

46_Amended Memorandum of Law… (16mr12)

“Amended Memorandum of Law in Support of Plaintiffs’ Amended Supplemental Complaint”. (Entered: 18mr12)

46.1_Memo Appendix I

• St. Louis City Revised Code Chapter 22.18: Curfew in Parks (1-2) ….. • Classification of Special Events – St. Louis DPRF (3-4) ….. • Special Events – Policy and Procedures; St. Louis DPRF (5-14)

46.2_Memo Appendix II

re: Sedlacko v. Law, Dearborn; #D-101-CV-201001076, First Judicial District Court, County of Santa Fe, NM :: • ORDER, 7/14/2011 (1-3) ….. • Motion for Summary Judgment, 2/3/2011 (4-9)

46.3_Memo Appendix III

• Operation and Maintenance Plan: 2010 Peaceful Assembly – Allegheny N.F., PA – June 2010 (1-5) ….. • Operating Plan: 2011 Peaceable Assembly & Free Speech Gathering – Gifford Pinchot N.F., WA – June 2011 (6-11)

47_Motion for Hearing… (16mr12)

“Request for Testimonial Hearing on Plaintiffs’ Motion for Preliminary Injunctive Relief”. (Entered: 18mr12)

48_Memorandum of Filing of Exhibit… (19mr12)

“Memorandum of Filing of Exhibit with Clerk” – CD with audio & photo files.

48.1_Observer Authentications in Support of Exhibits

I. Authentication of Document Records ….. II: Authentication of Audio and Photo Records (Affirmed: 15mr12).

50_Notice of Appearance… (22mr12)

“Notice of Appearance of Counsel for Bradley Veltre and Johnathan McFarland”; attorney Hogan previously entered as co-counsel on their behalf (Doc. 34), now solely represents them in the ‘Compton’ claims.

50.1_Notice of Discharge of Counsel

“Notice of Discharge of Counsel for Plaintiffs’ Counsel by Bradley Veltre and Johnathan McFarland”; prior attorneys West, Ellinger-Locke, and Welch are discharged, in support of Notice of Appearance (Doc. 50). (Affirmed: 19mr12)

51_Order: Status Conference… (22mr12)

Docket entry: “IT IS HEREBY ORDERED that this matter is set for a status conference on Monday, April 2, 2012, at 10:00 a.m.”

52_Motion for Leave to Join/Intervene… (1ap12)

“Motion of Annabell O’Bryan for Leave to be Joined as Plaintiff in Supplemental Claims Under FRCvP20, or Alternatively as an Intevenor Under FRCvP 24”. Here the ‘putative plaintiff’ seeks to clarify and resolve her procedural position, arguing for entry in ‘supplemental’ cause of action (per FRCvP 15), by joinder or intervention of right.

53_Court Minute Entry… (2ap12)

Docket entry: “Minute Entry for proceedings held before Honorable Carol E. Jackson: Status Conference held on 4/2/2012; discussion held; Attorney Hogan’s motion for leave to file supplemental complaint 44 and motion for declaratory judgment 38 are denied.”

54_Order: Joinder Denied… (10ap12)

Docket entry: “IT IS HEREBY ORDERED that the motion of Annabell O’Bryan for leave to be joined as plaintiff in supplemental claims [Doc. #52] is denied as moot. 52 Signed by Honorable Carol E. Jackson on 4/10/12.”

55_Order: Motions Denied as Moot… (7my12)

Docket entry: “IT IS HEREBY ORDERED that the second motion of plaintiffs OBryan, Veltre and McFarland for leave to add causes of action and defendants [Doc. #35] is denied as moot. IT IS FURTHER ORDERED that the motion of plaintiffs OBryan, Veltre and McFarland for hearing on motion for injunctive relief [Doc. #47] is denied as moot. ORDER denied as moot 35 Motion for Extension of Time to File ; denied as moot 47 Motion for Hearing Signed by Honorable Carol E. Jackson on 5/7/2012.”