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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Case 8:19-cv-00388-PA-JDE Document 43 Filed 05/24/19 Page 1 of 286 Page ID #:470 1 Robert A. Naeve (State Bar No. 106095) 2 [email protected] Richard J. Grabowski (State Bar No. 125666) 3 [email protected] 4 John A. Vogt (State Bar No. 198677) [email protected] 5 JONES DAY 6 3161 Michelson Drive, Suite 800 Irvine, CA 92612.4408 7 Telephone: +1.949.851.3939 8 Yaakov M. Roth (pro hac vice to be filed) 9 [email protected] 10 JONES DAY 51 Louisiana Avenue, N.W. 11 Washington, D.C. 20001-2113 Telephone: +1.202.879.3939 12 13 ATTORNEYS FOR DEFENDANTS 14 City of Aliso Viejo, City of San Juan Capistrano, and City of San Clemente 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 19 HOUSING IS A HUMAN RIGHT Case No. 8:19-cv-00388-DOC 20 ORANGE COUNTY, et al., Honorable David O. Carter 21 DECLARATION OF ROBERT A. 22 Plaintiffs, NAEVE IN SUPPORT OF MOTION OF DEFENDANTS CITY OF ALISO 23 v. VIEJO, CITY OF SAN JUAN 24 CAPISTRANO, AND CITY OF SAN THE COUNTY OF ORANGE, et al., CLEMENTE TO RECUSE THE 25 HON. DAVID O. CARTER 26 Defendants. 27 28 DECLARATION OF ROBERT A. NAEVE IN SUPPORT OF MOTION TO RECUSE CASE NO. 8:19-cv-00388-DOC 1 Case 8:19-cv-00388-PA-JDE Document 43 Filed 05/24/19 Page 2 of 286 Page ID #:471 1 DECLARATION OF ROBERT A. NAEVE 2 I, Robert A. Naeve, declare and state: 3 1. I am a Partner with the law firm Jones Day, counsel for defendants 4 City of Aliso Viejo, City of San Juan Capistrano, and City of San Clemente 5 (the “Movant Cities”) in this matter. I make this Declaration in support of the Movant 6 Cities’ Motion to Recuse the Honorable David O. Carter. I am over 21 years of age, 7 am licensed to practice law in the State of California, and have personal knowledge 8 of all of the matters and facts set forth in this Declaration. 9 2. In preparation of this Declaration, I obtained publicly available news 10 articles from Westlaw’s NewsRoom and the Internet. True and correct copies of 11 those news articles are attached as Exhibits A through S to this Declaration: 12 a. Attached as Exhibit A is a true and correct copy of: Hannah Fry 13 & Doug Smith, Judge Tells O.C. to Find Place for Homeless, Los 14 Angeles Times (Feb. 14, 2018), obtained through Westlaw’s 15 NewsRoom. 16 b. Attached as Exhibit B is a true and correct copy of: Anh Do, 17 Judging a Homeless Quandary Up Close, Los Angeles Times 18 (Feb. 15, 2018), obtained through Westlaw’s NewsRoom. 19 c. Attached as Exhibit C is a true and correct copy of: Thy Vo, 20 Federal Judge in Homeless Case Keeps Everyone Running, Voice 21 of OC (May 14, 2018), obtained online at 22 https://voiceofoc.org/2018/05/federal-judge-in-homeless-case- 23 keeps-everyone-running/. 24 d. Attached as Exhibit D is a true and correct copy of: Nick Gerda, 25 Federal Judge Sets June 13 Deadline for OC Cities to ID New 26 Shelter Sites, Voice of OC (May 25, 2018), obtained online at 27 https://voiceofoc.org/2018/05/federal-judge-sets-june-13- 28 deadline-for-oc-cities-to-id-new-shelter-sites/. DECLARATION OF ROBERT A. NAEVE IN SUPPORT OF MOTION TO RECUSE CASE NO. 8:19-cv-00388-DOC 2 Case 8:19-cv-00388-PA-JDE Document 43 Filed 05/24/19 Page 3 of 286 Page ID #:472 1 e. Attached as Exhibit E is a true and correct copy of: Alicia 2 Robinson, City Leaders Propose Shelter Sites to Judge, Orange 3 County Register (June 14, 2018), obtained through Westlaw’s 4 NewsRoom. 5 f. Attached as Exhibit F is a true and correct copy of: Nick Gerda 6 & Thy Vo, North OC Commits to 700 New Homeless Shelter 7 Beds; South County Identifies Zero, Voice of OC (June 13, 2018), 8 obtained online at https://voiceofoc.org/2018/06/north-oc- 9 commits-to-700-new-homeless-shelter-beds-south-county- 10 identifies-zero/. 11 g. Attached as Exhibit G is a true and correct copy of: Susan 12 Christian Goulding, Huntington Beach Scraps Plan for 50-Bed 13 Homeless Shelter Near Marina High Shool After Resident Outcry, 14 Orange County Register (Apr. 2, 2019), obtained online at 15 https://www.ocregister.com/2019/04/02/huntington-beach- 16 scratches-proposal-for-50-bed-homeless-shelter-near-marina- 17 high-school-after-resident-outcry/. 18 h. Attached as Exhibit H is a true and correct copy of: Ben Brazil, 19 Federal Judge Tours O.C. Armory as He Works Toward 20 Homeless Solution, Daily Pilot (June 5, 2018), obtained through 21 Westlaw’s NewsRoom. 22 i. Attached as Exhibit I is a true and correct copy of: Thy Vo & 23 Kassidy Dillon, Judge Demands Progress on Homeless Shelters 24 By September 7, Voice of OC (Aug. 3, 2018), obtained online at 25 https://voiceofoc.org/2018/08/judge-demands-progress-on- 26 homeless-shelters-by-september-7/. 27 j. Attached as Exhibit J is a true and correct copy of: Anh Do, Judge 28 Pushes for More Beds to Help Resolve Housing for Orange DECLARATION OF ROBERT A. NAEVE IN SUPPORT OF MOTION TO RECUSE CASE NO. 8:19-cv-00388-DOC 3 Case 8:19-cv-00388-PA-JDE Document 43 Filed 05/24/19 Page 4 of 286 Page ID #:473 1 County’s Homeless, Los Angeles Times (Aug. 3, 2018), obtained 2 online at https://www.latimes.com/local/lanow/la-me-ln-oc- 3 homeless-hearing-20180803-story.html. 4 k. Attached as Exhibit K is a true and correct copy of: Theresa 5 Walker, Santa Ana Homeless Shelter Will Open Sooner than 6 Expected, Federal Judge Reveals in Court Hearing, Orange 7 County Register (Oct. 30, 2018), obtained through Westlaw’s 8 NewsRoom. 9 l. Attached as Exhibit L is a true and correct copy of: Theresa 10 Walker, Santa Ana to Begin Clearing Homeless People from 11 Civic Center Area as Resettlement of Riverbed Homeless Winds 12 Down, Orange County Register (Mar. 31, 2018), obtained 13 through Westlaw’s NewsRoom. 14 m. Attached as Exhibit M is a true and correct copy of: Thy Vo & 15 Spencer Custodio, Judge to Keep Up Pressure on OC Leaders 16 After “Decades of Neglect” of Homeless, Voice of OC (Mar. 30, 17 2018), obtained online at https://voiceofoc.org/2018/03/judge-to- 18 keep-up-pressure-on-oc-leaders-after-decades-of-neglect-of- 19 homeless/. 20 n. Attached as Exhibit N is a true and correct copy of: Polly Stryker, 21 Federal Judge Holds Orange County Cities’ Feet to the Fire Over 22 Homeless Crisis, KQED (Apr. 5, 2018), obtained online at 23 https://www.kqed.org/news/11659893/federal-judge-holds- 24 orange-county-cities-feet-to-the-fire-over-homeless-crisis. 25 o. Attached as Exhibit O is a true and correct copy of: Thy Vo & 26 Spencer Custodio, Federal Judge Calls on OC City Leaders to 27 Step Up on Homelessness, Voice of OC (Apr. 4, 2018), obtained 28 DECLARATION OF ROBERT A. NAEVE IN SUPPORT OF MOTION TO RECUSE CASE NO. 8:19-cv-00388-DOC 4 Case 8:19-cv-00388-PA-JDE Document 43 Filed 05/24/19 Page 5 of 286 Page ID #:474 1 online at https://voiceofoc.org/2018/04/federal-judge-calls-on- 2 oc-city-leaders-to-step-up-on-homelessness/. 3 p. Attached as Exhibit P is a true and correct copy of: Spencer 4 Custodio, Santa Ana Opens New Interim 200-Bed Homeless 5 Shelter, Voice of OC (Nov. 16, 2018), obtained online at 6 https://voiceofoc.org/2018/11/santa-ana-opens-new-interim-200- 7 bed-homeless-shelter/. 8 q. Attached as Exhibit Q is a true and correct copy of: Nick Gerda, 9 Santa Ana Close to Opening 200-Bed Shelter; Suit Preps for Shift 10 to South County, Voice of OC (Oct. 30, 2018), obtained online at 11 https://voiceofoc.org/2018/10/santa-ana-close-to-opening-200- 12 bed-shelter-suit-preps-for-shift-to-south-county/. 13 r. Attached as Exhibit R is a true and correct copy of: Hannah Fry, 14 Federal Judge Warns O.C. Cities to Find Shelter for Homeless or 15 Risk a Ban on Enforcing Anti-Camping Laws, Daily Pilot (Apr. 16 3, 2018), obtained online at https://www.latimes.com/socal/daily- 17 pilot/news/tn-dpt-me-carter-hearing-20180403-story.html. 18 s. Attached as Exhibit S is a true and correct copy of: Nick Gerda 19 and Spencer Custodio, Federal Judge Presses OC Officials on 20 Lack of Mental Health Shelter, Housing, Voice of OC (April 3, 21 2019), obtained through Westlaw’s NewsRoom. 22 3. On April 2, 2019, the Court held a joint status conference in this matter 23 and the deemed-related Catholic Worker case. A true and correct copy of the 24 transcript from that hearing is attached as Exhibit T to this Declaration. 25 26 27 28 DECLARATION OF ROBERT A. NAEVE IN SUPPORT OF MOTION TO RECUSE CASE NO. 8:19-cv-00388-DOC 5 Case 8:19-cv-00388-PA-JDE Document 43 Filed 05/24/19 Page 6 of 286 Page ID #:475 1 I declare, under penalty of perjury, under the laws of the United States of 2 America, that the foregoing is true and accurate.
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