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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

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