UNITED STATES COURT OF APPEALS 

FOR THE NINTH CIRCUIT

Form 1. Notice of Appeal from a Judgment or Order of a 

United States District Court

Name of U.S. District Court: 

U.S. District Court case number: 

Date case was first filed in U.S. District Court: 

Date of judgment or order you are appealing: 

Fee paid for appeal? (appeal fees are paid at the U.S. District Court)

Yes No IFP was granted by U.S. District Court

List all Appellants (List each party filing the appeal. Do not use “et al.” or other abbreviations.)

Is this a cross-appeal? Yes No

If Yes, what is the first appeal case number? 

Was there a previous appeal in this case? Yes No

If Yes, what is the prior appeal case number? 

Your mailing address:

City: State: Zip Code:

Prisoner Inmate or A Number (if applicable):

Signature Date

Complete and file with the attached representation statement in the U.S. District Court

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Form 1 Rev. 12/01/2018

Northern District of California

17-cv-00904-JST

February 22, 2017

12/17/2019 (Judgment)

Lil' Man In The Boat, Inc.

Ongaro PC

1604 Union Street

San Francisco CA 94123

December 27, 2019

Case 4:17-cv-00904-JST Document 135 Filed 12/27/19 Page 1 of 4
UNITED STATES COURT OF APPEALS 

FOR THE NINTH CIRCUIT

Form 6. Representation Statement

Instructions for this form: http://www.ca9.uscourts.gov/forms/form06instructions.pdf

Appellant(s) (List each party filing the appeal, do not use “et al.” or other abbreviations.)

Name(s) of party/parties:

Name(s) of counsel (if any):

Address:

Telephone number(s):

Email(s):

Is counsel registered for Electronic Filing in the 9th Circuit? Yes No

Appellee(s) (List only the names of parties and counsel who will oppose you on appeal. List 

separately represented parties separately.) 

Name(s) of party/parties:

Name(s) of counsel (if any):

Address:

Telephone number(s):

Email(s):

To list additional parties and/or counsel, use next page.

Feedback or questions about this form? Email us at forms@ca9.uscourts.gov

Form 6 1 Rev. 12/01/2018

Lil' Man In The Boat, Inc.

Ongaro PC 

David R. Ongaro 

1604 Union Street, San Francisco, CA 94123

(415) 433-3900

dongaro@ongaropc.com 

City and County of San Francisco and San Francisco Port Commission, operating 

under the title Port of San Francisco; Elaine Forbes, Peter Dailey, Jeff Bauer, and 

Joe Monroe

Dennis J. Herrera; Tara M. Steeley 

City Attorney; Deputy City Attorney 

City Hall, Room 234, 1 Dr. Carlton B. Goodlett Place, SF CA 94102

(415) 554-4655

Tara.Steeley@sfcityatty.org

Case 4:17-cv-00904-JST Document 135 Filed 12/27/19 Page 2 of 4
Continued list of parties and counsel: (attach additional pages as necessary)

Feedback or questions about this form? Email us at forms@ca9.uscourts.gov

Appellants

Name(s) of party/parties:

Name(s) of counsel (if any):

Address:

Telephone number(s):

Email(s):

Is counsel registered for Electronic Filing in the 9th Circuit? Yes No

Appellees

Name(s) of party/parties:

Name(s) of counsel (if any):

Address:

Telephone number(s):

Email(s):

Name(s) of party/parties:

Name(s) of counsel (if any):

Address:

Telephone number(s):

Email(s):

Form 6 2 Rev. 12/01/2018

Case 4:17-cv-00904-JST Document 135 Filed 12/27/19 Page 3 of 4
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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LIL' MAN IN THE BOAT, INC.,

Plaintiff,

v.

CITY AND COUNTY OF SAN 

FRANCISCO, et al.,

Defendants.

Case No. 17-cv-00904-JST 

JUDGMENT

Re: ECF No. 127

On November 26, 2019, this Court entered an Order Denying Plaintiff’s Motion for 

Summary Judgment and granting Defendants’ Motion for Summary Judgment. ECF No. 127. 

Defendants moved for summary judgment on the Tonnage Clause, the Commerce Clause, and the 

Rivers and Harbors Act. The alleged violations of those laws formed the basis of each of

Plaintiff’s remaining claims for: (1) the Civil Rights Act, 42 U.S.C. § 1983; (2) Declaratory and 

Injunctive Relief; and (3) Unjust Enrichment. This Court found in Defendants’ favor on its crossmotion for summary judgment. As a result, this action, including each of Plaintiff’s claims, is 

dismissed on the merits.

NOW, THEREFORE, THE COURT HEREBY ORDERS that judgment shall be entered in

favor of Defendants the City and County of San Francisco and San Francisco Port Commission,

operating under the title Port of San Francisco, and against Plaintiff Lil’ Man in the Boat. Costs 

are awarded to Defendants as the prevailing party.

IT IS SO ORDERED.

Dated: December 17, 2019

______________________________________

JON S. TIGAR

United States District Judge

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