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No.00-16411
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
V.
OAKLAND CANNABIS BUYERS' COOPERATIVE
and JEFFREY JONES,
Defendants-Appellees.
Appeal from Orders Modifying Injunction by the United States District
Court
for the Northern District of California
Case No. C 98-00088 CRB, entered on July 17, 2000, by Judge Charles R.
Breyer.
MOTION FOR LEAVE TO FILE AMENDED EXHIBITS
TO BRIEF OF AMICUS CURIAE IN
SUPPORT OF APPELLEES
JOHN RUSSO
City Attorney
BARBARA J. PARKER
Chief Assistant City Attorney
City Hall
One Frank Ogawa Plaza, 6th Floor
Oakland, California 94612
Telephone (510)238-3601
Attorneys for Amicus Curiae City of Oakland, California
The City of Oakland, California
("City") respectfully moves this Court for leave to file the Amended
Exhibits, submitted herewith, to the Brief of Amicus Curiae in Support of Appellees filed on September 26, 2000.
As more fully explained in the brief
itself, the City is interested in this matter because it implicates the City's
independent duty to protect the health and safety of its citizens and to
promote the public interest. Moreover, exercising its police power, the City by
Ordinance established a Medical Cannabis Distribution Program, and designated
the Oakland Cannabis Buyers' Cooperative (“OCBC") the City's designee to
administer the Program. Additionally, the City has declared a Public Health
Emergency with respect to safe, affordable access to medical cannabis. Pursuant
to State law, the City renews that Emergency every two weeks.
The outcome of this litigation will
directly affect both the public safety and the public health in the City of
Oakland. Wherefore, the City of Oakland, California respectfully moves this
Court for leave to file the accompanying Amended Exhibits to Brief of Amicus
Curiae in Support of Appellees in Support of
Affirmance, which does include an index.
1
Dated: October 10, 2000
Respectfully submitted,
CITY OF OAKLAND, CALIFORNIA
JOHN RUSSO
City Attorney
BARBARA J. PARKER
Chief Assistant City Attorney
Attorneys for Amicus Curiae City of Oakland, California
2
Office of the Clerk
United States Court of
Appeals for the Ninth Circuit
95 Seventh Street, P. 0. Box
193939
San Francisco, CA 94119-3939
September 28, 2000
T0: John Russo, Esq.
City Hall
One Frank
Ogawa Plaza
6th Floor
Oakland, CA
94612
FROM: Office of the Clerk
By: Juanja V. Ross, Deputy Clerk
RE: Receipt of a Deficient Brief of Amicus on
September 26, 2000
U.S. Court of
Appeals Docket Number: 00-16411 Short Title: USA V. Oakland Cannabis
The
referenced brief cannot be filed for the following reason(s):
*** A motion is required to file the exhibits
submitted in support of the amicus brief.
*** An index is required for the exhibits.
The following
action has been taken with respect to the brief received in this office:
[XX] The
deficiency must be corrected within 14 days.
When
submitting corrections to your brief or a corrected brief,
PLEASE RETURN
A COPY OF THIS LETTER.
PROOF OF SERVICE
United States of America V. Oakland Cannabis Buyers' Cooperative~ et al.
United States Court of Appeals for the Ninth Circuit,
Case No.00-16411
I am a resident of the State of
California, over the age of eighteen years, and not a party to the within
action. My business address is City Hall, One Frank H. Ogawa Plaza, 6th Floor,
Oakland, California 94612. On October 11, 2000, I served the foregoing
documents:
Motion for Leave to File Amended Exhibits to Brief of
Amicus Curiae in Support of
Appellees
Amended Exhibits to Brief of Amicus Curiae in
Support of Appellees in Support of Affirmance
by placing the documents listed above in a sealed
envelope with postage thereon fully prepaid, in the United States mail at
Oakland, California, addressed as set forth below.
See attached service list.
I am readily familiar with the City of
Oakland's practice of collection and processing correspondence for mailing.
Under that practice it would be deposited with the U.S. Postal Service on the
same day with postage thereon fully prepaid in the ordinary course of business.
I declare under penalty of perjury
under the laws of the State of California that the above is true and correct.
Executed on October 11, 2000, at
Oakland, California.
Kristin Ericsson
Service List
|
Mark B. Stern Dana J. Martin U.S. Department of Justice 601 "D" Street, N.W., Room 9108 Washington,
DC 20530 |
United
States Of America |
|
Mark T. Quinlivan U.S. Department of Justice 901 "E" Street, N.W., Room 1048 Washington,
DC 20530 |
United
States Of America |
|
Robert A. Raich Robert A. Raich, P.C. 1970 Broadway, Suite 1200 Oakland, CA 94612 |
Oakland Cannabis Buyers' Cooperative, et
al. |
|
Gerald F. Uelmen Santa Clara University School of Law Santa
Clara, CA 95053 |
Oakland
Cannabis Buyers' Cooperative, et al. |
|
James J. Brosnahan Annette P. Carnegie John H. Quinn Morrison & Foerster 425 Market Street San Francisco, CA 94105 United
States Of America |
Oakland
Cannabis Buyers' Cooperative, et al. |
|
J. Tony Serra Pier 5 North San Francisco, CA 94111 Brendan R. Cummings P.O. Box 4944 Berkeley,
CA 94704 |
Cannabis Cultivator's Club,
et al. |
|
William G. Panzer 370 Grand Avenue, Suite 3 Oakland,
CA 94610 |
Cannabis
Cultivator's Club, et al. |
|
Susan
B. Jordan 515
South School Street Ukiah,
CA 95482 |
Marin
Alliance For Medical Marijuana, et al. |
|
David
Nelson 106
North School Street Ukiah,
CA 95482 |
Ukiah
Cannabis Buyer's Club, et al. |
|
Thomas
V. Loran III Margaret
S. Schroeder Pillsbury,
Madison & Sutro 50
Fremont Street, 5th Floor P.O.
Box 7880 San
Francisco, CA 94120 |
Ukiah
Cannabis Buyer's Club, et al. |
Patient-Intervenors
Peter Barton Hutt Amici Curiae
Linda LeCraw
Covington & Burling
1201 Pennsylvania Avenue, N.W.
Washington, DC 20044
Alice P. Mead
Catherine I. Hanson
California Medical Association
221 Main Street, Third Floor
P.O. Box 7690
San Francisco, CA 94120