Courthouse News Service v. Michael Planet
Filing
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Submitted (ECF) excerpts of record. Submitted by Appellant Courthouse News Service. Date of service: 05/29/2012. [8511359] (REM)
U.S. Court of Appeals Docket No. 11-57187
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
COURTHOUSE NEWS SERVICE,
Plaintiff/Appellant,
vs.
MICHAEL PLANET, in his official capacity as Court Executive Officer/ Clerk of
the Ventura County Superior Court,
Defendant/Appellee.
On Appeal from a Decision of the United States District Court
for the Central District of California
Case No. CV11-08083 R
The Honorable Manuel Real
EXCERPTS OF RECORD
VOLUME II
Roger Myers, Esq.
Rachel Matteo-Boehm, Esq.
David Greene, Esq.
Leila Knox, Esq.
BRYANCAVELLP
560 Mission Street, 25th Floor
San Francisco, CA 94105-2994
Tel: 415-268-2000
rachel.matteo-boehm@bryancave.com
Attorneys for Plaintiff-Appellant
COURTHOUSE NEWS SERVICE
#79646 vI saf
VOLUMEl
Description
C.D. Cal.
Docket #
Page #
Order Granting Defendant's Motion To Dismiss
And Abstain
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Reporter's Transcript Of Proceedings
44
3
C.D. Cal.
Docket #
Page #
Plaintiffs Notice Of Appeal To The United States
Court Of Appeals For The Ninth Circuit
40
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Excerpts Of Declaration Of Cheryl Kanatzar In
Support Of Defendant's Opposition To Plaintiff s
Motion For Preliminary Injunction
25-2
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Excerpts Of Plaintiff Courthouse News Service's
Opposition To the Motion To Dismiss And Abstain
Of Defendant Michael Planet
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Excerpts Of Memorandum Of Points And
Authorities In Support Of Defendant's Motion To
Dismiss And Abstain
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VOLUME 2
Description
Defendant's Notice Of Motion And Motion To
Dismiss And Abstain
Defendant's Request For Judicial Notice In Support
Of Motion To Dismiss And Abstain
Exhibits To Defendant's Request For Judicial
Notice ill Support Of Motion To Dismiss And
Abstain
2
#79646 vi saf
Description
C.D. Cal.
Docket #
Page #
Notice Of Motion And Motion For Preliminary
Injunction
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58
Complaint For Injunctive And Declaratory Relief
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60
District Court Civil Docket Sheet For Case No.
2:11-cv-08083-R MAN
--
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#796% vI saf
ase 2: 11-cv-08083-R -MAN Document 40
Filed 12/15/11
Page 1 of 2 Page ID #:932
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Rachel Matteo-Boehm (SBN 195492)
rachel.matteo-boehm@hro.com
David Greene (SBN 160107)
david.greene@hro.com
Leila C. Knox (SBN 245999)
leila.knox@hro.com
HOLME ROBERTS & OWEN LLP
560 Mission Street, Suite 250
San Francisco, CA 94105-2994
Telephone: (415) 268-2000
Facsimile: (415) 268-1999
Attorneys for Plaintiff
COURTHOUSE NEWS SERVICE
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
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Courthouse News Service,
CASE NO. CVII-08083
R (MANx)
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Plaintiff,
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v.
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Michael Planet, in his official capacity as
Court Executive Officer/Clerk of the
Ventura County Superior Court.
PLAINTIFF'S NOTICE OF APPEAL
TO THE UNITED STATES COURT
OF APPEALS FOR THE NINTH
CIRCUIT
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Defendant.
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PLAlNTIFF'S
1176440 vl ssf
NOTICE OF APPEAL
Case No. CVl j Og083R (MANx)
M
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ase 2:11-cv-08083-R -MAN Document 40
Filed 12/15/11
Page 2 of 2 Page 10 #:933
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NOTICE IS HEREBY GIVEN that Courthouse News Service, the plaintiff in
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the above-captioned matter, hereby appeals to the United States Court of Appeals for
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the Ninth Circuit from the Order Granting Defendant's Motion to Dismiss and
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Abstain ("Order") entered in this action on November 30,2011.
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is attached hereto as Exhibit 1.
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A copy of the Order
Plaintiff's Representation Statement is attached hereto as Exhibit 2 (Fed. R.
App. Proc. 12(b); Circuit Rule 3-2(b».
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II
HOLME ROBERTS & OWEN LLP
RACHEL MA TIED-BOEHM
DA VID GREENE
LEILA KNOX
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By:
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Dated: December 15,2011
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151 Rachel Matteo-Boehm
RACHEL MATTEO-BOEHM
Attorneys for Plaintiff Courthouse News
Service
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PLAINTIFF'S NOTICE OF APPEAL
#16440 vI saf
Case No. CVII-08083R (MANx)
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2:11-cv-08083-R -MAN Document25-2
Filed 10/31/11
Page 1 of43
Page 10
#:548
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Robert A. Naeve (State Bar No. 106095)
maeve@jonesday.com
Erica L. Reilley (State Bar No. 211615)
elreilley@jonesday.com
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Telephone: (949) 851-3939
Facsimile:
(949) 553-7539
Attorneys for Defendant
MICHAEL PLANET, IN HIS OFFICIAL
CAPACITY AS COURT EXECUTIVE
OFFICER/CLERK OF THE VENTURA
COUNTYSUPEIDORCOURT
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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COURTHOUSE
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NEWS SERVICE,
Case No. CVII-08083
Plaintiff,
Assigned for all purposes to
Hon. Manuel L. Real
v.
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DECLARATION OF CHERYL
KANATZAR IN SUPPORT OF
DEFENDANT'S OPPOSITION
TO PLAINTIFF'S MOTION FOR
PRELIMINARY INJUNCTION
MICHAEL PLANET, IN HIS
OFFICIAL CAPACITY AS COURT
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EXECUTIVE
OFFICER/CLERK
OF
THE VENTURA COUNTY
SUPERIOR COURT,
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R (MANx)
Date:
Time:
Courtroom:
Defendant.
November 21,2011
10:00 a.m,
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- 1-
Declaration of Cheryl Kanatzar ISO
Deft's Opp. to Plfs Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)
ER15
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2:11-cv-08083-R
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Document 25-2
Filed 10/31/11
Page 11 of 43 Page ID
#:558
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~c,
titay].IUnaUlit
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Depul}' F.:x~ve
Officer
S~PCtiorCoIilt ofCiIlifornia
CD\lI1ty orVClllIlto
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HallofJUSlitlo
800 South Victoria Avt:nu~
Ventnc8, CA 93009
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Re: Media Accc.!!S III New Civil FilingS
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))earMs.~:
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On bdtalfof Julianna Krolak and ail ofu~ at Courlboose NICWS SerYice, r would like 10
thank )'OIl and your professionallllld helpful=« fQc~ lI,19i!l1Wg. us inemuriDg new cilil
lIIlIimill:d Jilings mala: it to !he;. mQllia biD fur media teYiew before being placed on the
shelf
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Youract,i\lll$lI4ve greatly ialproved pRSS aeeess to an important
of California, and ror !b:tt we me deeply (Ijlprcciative.
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Cow1liOU9C
in theaatl:
If you ever have BIIy questions for me, 1 am IIlwayuVlIIlable and WI! will nothesi.inb: ttl
w*t you in the futlI!:e if we tur.oreqaestiaD$. On¢Caaam. !IIiIIIk yQu for your assislaoo:.
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A complete copy of this letter is attached to this Declaration as Exhibit "E."
21.
It is my understanding that CNS alleges in its complaint that the
Superior Court somehow agreed to an "arrangement" by which "newly filed
complaints were to be made available to Courthouse News' reporter after some
processing but before the complaints had been fully processed, the result of which
was that access became much more timely." This allegation is not correct. As
noted above, Ventura Superior Court took steps to ensure that fully processed
complaints were timely deposited in the Records Department Media Bin. For
reasons that will be detailed below, it has never been our practice to grant access to
"partially processed" complaints.
22.
I received another letter from Mr. Marshall more than a year later on
February 7,2011. Mr. Marshall notified me for the first time in this letter that Ms.
Krolak had been visiting the Superior Court's Records Department on a daily basis
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Declaration of Cheryl Kanatzar ISO
Deft's Opp, to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)
ER16
.i nesday .com
o
JONESlJAY
3161 Michelson Drive, Suite SOO
Irvine CA 92612
Telephone: (949) 851-3939
Facsimile: (949) 553-7539
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Page 1 of 4
COUNTY SUPERIOR COURT
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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COURTHOUSE
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v.
MICHAEL PLANET IN IDS
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OFFICIAL CAP ACIiY AS COURT
EXECUTIVE
OFFICER/CLERK
Case No. eVIl-08083
R (MANx)
Assigned for all purposes to
Hon. Manuel L. Rem
Plaintiff,
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NEWS SERVICE,
OF
THE VENTURA COUNTY
SUPERIOR COURT,
Defendant.
DEFENDANT'S REQUEST FOR
JUDICIAL NOTICE IN
SUPPORT OF MOTION TO
DISMISS AND ABSTAIN
Date:
Time:
Courtroom:
November 21,2011
10:00 a.m.
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Request for Judicial Notice in Support of
Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)
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Case
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:11-cv-08083-R
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Document22
Filed 10/20/11
Page2of4
PageID#:434
Pursuant to Federal Rule of Evidence 201, and in support of his concurrently
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filed Motion to Dismiss and Abstain, defendant Michael D. Planet, in his official
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capacity as Executive Officer and Clerk of the Superior Court of California,
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of Ventura, respectfully requests that the Court take judicial notice ofthe following
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documents:
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1.
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County
California Senate Bill 326, from the 2011-2002
Regular Session (as amended September 1, 2011),
available at http://\\WW.Ieginfo.cagov/pub/ll12/billlsen/sb - 0301-0350/sb 326 - bill - 20110901
_amended _asm _v9 5.pdf. A true and correct copy
of this document is attached hereto as Exhibit A.
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2.
The California Senate Judiciary Committee's May
3,2011 Bill Analysis of Senate Bill 326 (as
amended April 25, 2011), available at
http://www.leginfo.ca.gov /publ 11-12/bill/sen/s b_
0301-0350/sb - 326 - cfa - 20110502 - 142806 -sen
comm.htmL A true and correct copy of this
document is attached hereto as Exhibit B.
3.
Letter from the Judicial Council of California,
Administrative Office ofthe Courts, to the Senate
Judiciary Committee, dated Apri127, 2011. A true
and correct copy of this document is attached
hereto as Exhibit C.
4.
Letter from the Judicial Council of California,
Administrative Office of the Courts, to the
Assembly Judiciary Committee, dated June 9,
20 II. A true and correct copy of this document is
attached hereto as Exhibit D.
5.
The Bill History of California Senate Bil1326, from
the 2011-2002 Regular Session, available at
http://wwwJeginfo.ca.gov/pub/ll12/bill/senlsb - 0301-0350/sb ~ 326 - bill 2011 090 I_history .html. A true and correct copy of
this document is attached hereto as Exhibit E.
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Letter from the Judicial Council of California.
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Request for Judicial Notice in Support of
Motion to Dismiss and Abstain
Case No_CV 11·08083 R (MANx)
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ca~
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Document 22
Filed 10/20/11
Page 3 of 4 Page ID #:435
Administrative Office of the Courts, to the Senate
Judiciary Committee, dated August 8,2011. A true
and correct copy ofthis document is attached
hereto as Exhibit F.
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"A court shall take judicial notice if requested by a party and supplied with
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the necessary information."
be one not subject to reasonable dispute in that it is either (1) generally known
within the territorial jurisdiction of the trial court or (2) capable of accurate and
ready determination by resort to sources whose accuracy cannot be reasonably
questioned."
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Fed. R. Evid. 201(b).
The Court "may take judicial notice of court filings and other matters of
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Fed. R. Evid. 201(d). "A judicially noticed fact must
public record." Reyn 'sPasta Bella, LLC v. Visa USA, Inc., 442 F 3d 741, 746 n.6
(9th Cir. 2006). Exhibits A, B, and E are matters of public record. Further, they are
not reasonably subject to dispute. Thus, they are the proper subject of judicial
notice pursuant to Rule 201 of the Federal Rules of Evidence.
The Court may also take judicial notice of the contents of administrative
bodies' records, as well as those documents that establish the dates upon which the
administrative
bodies take action, where the record's contents or the action's dates
are not subject to reasonable dispute.
See City a/Las Vegas, Nev. v. F.A.A., 570
F.3d 1109, fn. 1 (9th Cir. 2009) (taking judicial notice of document that established
date administrative
office approved waiver); Jimenez v. Domino's Pizza, Inc., 238
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F.R.D. 241, 246 (C.D. Cal. 2006) (taking judicial notice of contents of opinion
letter issued by Division of Labor Standards Enforcement).
Exhibits C, D, and F
are records from the Judicial Council of California, Administrative
Courts.
Office of the
Further, their existence is not reasonably subject to dispute. Thus, they are
the proper subject of judicial notice.
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Request for Judicial Notice in Support of
Motion to Dismiss and Abstain
Case No. CV 11·08083 R (MANx)
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c~~ :11-cv-OB083-R
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Document 22
Filed 10/20/11
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For the foregoing reasons, Defendant requests that, in considering and ruling
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upon his concurrently filed Motion to Dismiss and Abstain, the Court take judicial
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notice of Exhibits A through F, attached hereto.
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Dated:
October 20, 2011
JONES DAY
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By: /s/ Robert Naeve
Robert A. Naeve
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Attomeys for Defendant
MICHAEL PLANET, IN
OFFICIAL CAPACITY AS COURT
EXECUTIVE OFFICER/CLERK OF
THE VENTURA COUNTY
SUPERIOR COURT
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LAI-3151596
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Request for Judicial Notice in Support of
Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)
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cSt4e 2:11-cv-08083-R
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AMENDED IN ASSEMBLY SEPTEMBER
1, 2011
AMENDED IN ASSEMBLY AUGUST 22,201 I
AMENDED IN SENATE MAY 10,2011
AMENDED 1N SENATE APRil. 25,2011
SENATE BILL
No. 326
Introduced by Senator Vee
(Coauthor: Assembly Member Dickinson)
February 14,2011
An act to add Chapter 1.45 (commencing with Section 68180) to
Title 8 of the Government Code, relating to courts.
LEGISLATIVE
COUNSEL'S
DIGEST
SB 326, as amended, Vee. Court records: public access.
Existing law requires the Judicial Council to adopt rules of court to
establish the standards and guidelines for the creation, maintenance,
reproduction, and preservation of court records, and requires that these
standards and guidelines reflect industry standards for each medium
used, ensure the accuracy and preserve the integrity of the records, and
ensure that the public can access and reproduce the records. Specifically,
unless access is otherwise restricted by law, court records created,
maintained., preserved, or reproduced under specified provisions are
required to be made reasonably accessible to all members of the public
for viewing and duplication, and electronic court records must be
viewable at the court, whether or not they are accessible remotely.
Additionally, rules of court require courts to provide public access to
electronic records, as specified.
This bill would require the Judicial Council, in consultation with
stakeholder groups, and within 18 months of the date of enactment of
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this act, to adopt a rule of court to require courts to provide the public
with same-day access to case-initiating civil and criminal court records,
as defined, at no cost to the requester, for viewing at the courthouse.
The bill would require the rule te aH6w Ii eourt to eharge a fi6fil:i:nal fee
fur providing a eopy 6£ these reooMs.
Vote: majority. Appropriation:
no. Fiscal committee:
yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION l. The Legislature finds and declares all of the
following:
(a) Timely public access to court records and documents as
public documents is an important right and necessity for an
informed citizenry.
(b) The use of new electronic technologies for filing court
actions and modem.izing access to court records can, while intended
to streamline and improve court functions and public access to
court records, actually result in delays in access to court documents,
(c) Delays in public access to court documents and filings should
be minimized, therefore ensuring free flow of public information
in a timely and cost-effective manner. .
(d) Delays in public access to case-initiating documents have a
special significance because those documents are the means by
which the public becomes aware that the powers of the judiciary
have been invoked with respect to a particular controversy or crime.
However, the use of electronic technologies for filing court actions
and modernizing access to court records have in many instances
had the unintended consequence of increasing delays in access to
those case-initiating court records.
(e) It is the intent of the Legislature to ensure, as California's
courts move forward to implement various electronic filing and
other technologies, that case-initiating documents, as well as other
court filings and documents, continue to be availab le to the pub lie
on a timely basis.
SEC. 2. Chapter 1.45 (commencing with Section 68180) is
added to Title 8 of the Government Code, to read:
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CHAPTER
1.45.
ACCESS TO CASE-INITIATING
Filed 10/20/11
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8B326
TRIAL COURT
RECORDS
68180. The following definitions apply to this chapter:
(a) (1) "Case-initiating civil and criminal court records" means
all of the following:
(A) Any complaint or petition in an unlimited civil case, as
defined in Section 88 of the Code of Civil Procedure.
(B) Any writ petition, as provided for in Title 1 (commencing
with Section 1067) of Part 3 of the Code of Civil Procedure.
(C) Any indictment, information, or complaint in felony and
misdemeanor criminal actions.
(2) "Case-initiating civil and criminal court records" includes
both electronic and nonelectronic records.
(3) For the purposes of this chapter, "case-initiating civil and
criminal court records" does not include records that are sealed or
proposed to be sealed by court order and are confidential in
accordance with Rules 2.5 50 and 2.551 of the California Rules of
Court, or that are otherwise made confidential by law, including,
but not limited to, juvenile court records made confidential by
Section 827 of the Welfare and Institutions Code, Child Support
Case Registry Forms, as developed by the Judicial Council pursuant
to Section 4014 of the Family Code, adoption records made
confidential by Section 9200 of the Family Code, pleadings in
child custody proceedings
containing
information
made
confidential by Section 3429 of the Family Code, determination
of parentage records made confidential by Section 7643 of the
Family Code, child and spousal support enforcement program
records made confidential by Section 17212 of the Family Code,
or any other case-initiating document that is confidential by law.
(b) "Public" means an individual, a group, or an entity,
including, but not limited to, the print or electronic media, or the
representative of an individual, group, or entity.
68181.
(a) The Judicial Council, in consultation
with
stakeholder groups, shall adopt, within 18 months of the date of
enactment of the act adding this section, a rule or rules 0 f court to
require courts to provide the public with same-day access to
case-initiating civil and criminal court records, at no cost to the
requester, for viewing at the courthouse. To the extent possible
and practicable, the rule or rules shall provide for same-day access
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SB326
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to those records that are received by the court within 30 minutes
of the court closing for that day. However, in no case shall these
records be made available later than 60 minutes after the court
opens the next court day.
(b) The role or nHeS shall ItUm'. a eom'!; to eharge It ftflmiIHIl fee
for providing It copy efthese reeords, ira eopy is reqtlested !lUbe
eourt:house.
fe}
(b) The Legislature specifically recognizes the importance of
timely access not just to case-initiating civil and criminal court
records, but to all court records and documents. Nothing in this
statute or in the rule or rules of court to be adopted pursuant to this
statute may be construed to limit or otherwise negatively affect
the public'S right of timely access to court records as a general
matter.
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EXHIBITB
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BILL
ANALYSIS
SEN,II,t'E
JODICIAAY
COHKIT'lEE
Seo..ar.or: Noreen Evans, Chair
20,11-2012. Re:glllcu: Sessio.ll
S''B 326 Ueet
As Ameode.'·
lIn- to Sha-rtcidq(! r18931 9'9 Cal. SZIi.~
S.::JD.I
PUblic
a.cc:u,s
ls n.Cc.e:ll::l'II':Y beeaun. -if public:
court
i;tD.::it.ne:1:!1 t:DlIdul;b!:d in priv"'t~,
is
it bel;OIQB 1.mpQuible 1:0
expose (XJ.["[UptiOl'l1Lncom.petcRce,
ineff1eiCl1c.y,
pLsjudice
alld
favot"Lt.iB:D."
~E.:!irilte: t
o
rst. v , 'l'ElIIste."s of Hei!lrat
T~st.fllllel'ltary l'rust
(L917) 61 Cal.App.ld
1'17, 184.,
l
u...
The .:dqht qf public. e1CCe.8'S court
to
reccede
begin:!! wb~Q. th.e
cour-t; recoEd is :filed with the court.
(Bi1Inlc. Jl.merlci!J.Naticnal
of'
'r.ruat; " Savin9$- AssoC'btion
v , ftDtel Qittenhcuse
As.sClch.te.s
IIS'"86, 900 F _2d 319, 3t5.)
FuttherE
~t'vJ nLle the 'CDlJLts haYe an
illhl!.:t'ent right
to .cont.rQll their own EI!.OQrcl$~
p.ri!!clu:iiiian fb)Ol
public
inspection
is ~rmi tted
on.1y upon a .5IhDlirllRg
that
n'l'e.lat.1oa would. te:ud to unde.t:mine individual
91!.C::Ur1.t.1r'.
persona.l
libl'!!"rty, OJ: prive.te
p[,qperty,
Dr injar-e the public
or the pubUe
good.(Olpllt}' PreHIii, Ine. 'V'. Superior
Court 115'92] Ii
(m,n::e)
u
SB 326
Pa.qll!!! 2
I Yell!.}
of ~
CoIILAp'p.hh
106,
UL~
I!,ltho-ugt:l the public
Il.ss a weU-foUlIded
dqht
Q.t:
A(;Ge811
to cou.tt
records,
the author reports
incEeasinq
delays in pllblil:: access
to r:aurt. records.
t"olchsome. caurf.1ji a:p~ rl!"t1y delaying! public
...
acce..:s'
til':! a.u mocb
CIS o.ne ~nth
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Se~ice,
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to ildopt II rlllll!!! or kUloilS I'>f court
to require cauru
to provide public l!Ioc:eu to Ga.le-initia,=-ing
r:::l'lri.l alLd I:'rimlna.l court .:J:I!QOrd:!1t B..fi defined, by no later thaD.
tne ~nd of t'tl.l: dl!l;yon whicb those records
:!It!!
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court.
CHAl!GES
TO
EXISTING
LAI4
£oI'tistinq law
r!the Cali fornh COD.lljt.itu.tlon..
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the
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ot t::h~
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o
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Gme 2:11-cv-08083-R
-MAN
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Page 12 of 24 Page 10
#:448
EXHIBIT C
ER45
Gme 2:11-cv-08083-R
-MAN
Filed 10/20/11 Page 13 of 24
Page 10
JJuOirial r of the Couru
RONALD
O. OVERHOLT
elli,
re-.
Wilmington
10 ••
,
the
At the United States District Court for
District of Delaware, new complaints
can be filed either in paper form or electronically. Courthouse News' reporter
can view e- filed complaints on PACER almost inunediately after they are filed by
using a shell case number code to access an online press queue of new electronic
filings. The reporter also visits the court on a daily basis and is able to review the
vast majority of new complaints filed in paper form on the same day those
complaints are filed. Court staff will make copies of paper- filed cases for 10
cents per page.
"j"
Media Access to Courts Around the Nation
J13~09vl .. r
"
Page 17
Exhibit I
Page 32
ER92
C9~ 2:11-cv-08083-R
-MAN
Document 1
Filed 09/29/11
Page 34 of 62 Page ID #:37
EXHIBIT 2
ER93
~
,
2:11-cv-08083-R -MAN Document 1
Filed 09/29111
Page 35 of 62 Page 10 #:38
.
Holme Roberts & Owen UP
AttOf1lq.l"
SAN FRANCISCO
BOULDER
aJ
Law
June 20, 2011
Michael Planet
Court Executive Officer
Ventura County Superior Court
800 South Victoria Ave.
Ventura, CA 93009
Re:
Media Access to New Complaints
COLORADO SPRINGS
Dear Mr. Planet:
DENVER
DUBLIN
LONDON
LOS ANGElES
SALT lAKE GIN
As you may recall, we represent Courthouse News Service, a nationwide news service for
lawyers and the news media. Over the past two years, Courthouse News has written to and
met with various officials at this Court regarding delays in access to newly filed civil
unlimited complaints .: Although your office has undertaken to decrease the amount of time
between the filing of a complaint and its availability to members of the news media, news
reporters are rarely permitted to see any new civil complaints on the same day they are
filed. Rather, delays in access range anywhere from one day to several weeks.
It appears that the Court is not currently releasing newly filed complaints for press review
until after a certain amount of processing has been completed. However, as explained
below, the press's right of access to court records is not dependent on a court having
completed processing.' Indeed. the delays at this Court are effectively denials of access,
and are contrary to the fundamentally public nature of adjudicative court records and the
media's legitimate interest in timely access to those records.
We therefore respectfully ask that you address these delays immediately by adopting
simple procedures to ensure that members of the media have access to new complaints on
the same day they are filed.
About Courthouse News Service
Courthouse News Service is a 21-year-old. Pasadena-based legal news service for lawyers
and the news media. It is similar to other news wire services, such as the Associated Press,
except that it focuses on civil lawsuits, from the date of filing through the appellate level.
Courthouse News does not report on criminal or family law matters, and in California it
focuses only on unlimited jurisdiction ci vii cases.
Rachel Matle0-8oehm 415.268.1996 rachelmatteo-boehm@hro.c;om
560 Mission Street. 25th Floor San Fram:isCQ,California 9~105-2994 lei 41 ~.268.2000 fax 415.268.1999
N6]4~9
v4lOr
Exhibit 2
Page 33
ER 94
,Cmr 2: 11-cv-08083-R
-MAN
Document 1
Filed 09/29/11
Page 36 of 62 Page 10 #:39
,'
Bohne RooertB & Owenur
Altomep at LaID
Michael Planet
June 20, 2011
Page 2
The majority of Courthouse News' nearly 3,000 subscribers nationwide are lawyers and
law firms, including numerous prominent California firms, In addition, other news outlets
are increasingly looking to Courthouse News to provide them with information about
newsworthy new civil filings. Courthouse News' media subscribers include such wellknown entities as the Los Angeles Times, the Los Angeles Business Journal, the San Jose
Mercury News, and Forbes, all of which puts Courthouse News in a position similar to that
of a pool reporter. Courthouse News' core news publications are its new litigation reports,
which are e-mailed to subscribers daily and contain coverage ofall significant new civil
complaints. Its website, www.courthousenews.com. also features news reports and
commentary about civil cases and appeals, and receives an average of 850,000 unique
visitors each month.
Access to Court Records at Ventura Couoty Superior Court
Courthouse News' reporter JuJianna Krolak has covered the Ventura County Superior
Court since 2003. Until recently. Ms. Krolak visited the court twice each week 10 review
new civil unlimited jurisdiction complaints. In recognition of the growing importance of
this Court, starting in November 201 0, Ms. Krolak began visiting the Court on a daily
basis.
Up until early 2008. Ms. i<:ro'iakWa:s.abl~ to review the vast majority of new complaints
filed since her prior visit. This was achieved through a combination of a media bin
procedure (which, at the time, contained complaints that the Court determined would be of
interest to the press) as well as the clerk's office's practice of providing Ms. Krolak with
all additional complaints falling within a specific number range, since cases are numbered
sequentially. In general, these procedures allowed Ms. Krolak to review all of'the
newsworthy unlimited jurisdiction complaints filed since her previous visit without
imposing any apparent burden on court staff.
Beginning in 2008, however, media access at the Court began to deteriorate on a number
of fronts. Among other things, the clerk.' s office began limiting the number of files that
members of the media could request to 25 each day, and only permitted reporters to request
five at a time, which meant Ms. Krolak had to wait in line .. usually for at least 30 minutes,
and sometimes more than an hour - to ask for each batch of f ve cases. Each requested
case counted toward her 25-file limit, even if the complaint was not made available for
~6W9vo1l'(
Exnibit 2
Page 34
ER 95
~
2:11 ~cv~08083~R ~MAN Document 1
Filed 09/29/11
Page 37 of 62
Page ID #:40
,
, ,.
-,
Holme Roberts & Owen u.r
Attomt!)'1 at
LaIl1
Michael Planet
June 20. 20] ]
Page 3
review, and Court staff sometimes counted every case in the media bin toward Ms.
Krolak's 25~case quota. Since there were often more than 50 potentially newsworthy civil
unlimited cases filed in any given week. the 2S-file limit frequently prevented Ms. Krolak
from reviewing and reporting on all of the week's newsworthy filings, thereby resulting in
significant delays in access to newly filecJ civil complaints.
Courthouse News' Northern Califomia Bureau Chief, Chris Marshall, attempted at various
times to resolve these issues with Supervisor Linda Daniels, as well as Records Manager
Peggy Yost, but these efforts proved unsuccessful. Thereafter, in April 2009, we wrote to
you. We subsequently spoke on the phone, together with Deputy Court Executive Officer
Cheryl Kanatzar, about potential solutions to the access problems. In June 2009, Ms.
Kanatzar, as well as Ms. Yost and Ms. Daniels, met in person with Mr. Marshall to further
discuss potential solutions. The solution ultimately devised by the Court involved placing
newly filed civil unlimited jurisdiction complaints directly into the media bin for review
only after minimal processing. Ms. Krolak would be permitted access to all of the
complaints contained in the media bin, as well as up to 25 additional complaints, per visit,
from the shelves. Of the additional 25 complaints that Ms. Krolak would be permitted to
request. she could only access five complaints at a time.
While these procedures initially worked reasonably well to provide Ms. Krolak with timely
access to newly filed complaints, access again quickly deteriorated, as it seemed that the
clerks were waiting until newly filed complaints were fully processed before placing them
in the media bin (contrary to the agreement that new complaints would be placed in the bin
after just minimal processing). The deterioration of the media bin procedure led to a
backlog of newly filed unlimited civil jurisdiction complaints that Ms. Krolak needed to
review. and she therefore had to request numerous additional complaints as part of her
daily reporting activities. On many of her visits, she found that she had to request up to 25
complaints (her limit for cases tliat were riot contained in the media bin) in order to see the
entire flow of newly filed unlimited civil jurisdiction complaints, standing in a new and
lengthy line for each group offive complaints she-wished to review. Even with respect to
those 2S additional complaints she requested. many were not available, with delays in
access ranging for the most part from One to three days, but sometimes significantly
longer.
1I6.l4S9 v4
"r
Exhibit 2
Page 35
ER96
<~e
2:11-cv-08083-R
-MAN
Document 1
Holme Roher1B. & Owen UP"
Attomep
at
Filed 09/29/11
Page 38 of 62 Page 10 #:41
..
,.
Law
Michael Planet
June 20, 2011
Page 4
As noted,late last year, Courthouse News began covering the Court on a daily basis.
Given the ongoing delays and problems with the media bin procedure, Mr. Marshall
contacted Ms. Kanatzar by letter in February 20 I] in an attempt to come up with mutually
agreeable procedures that would provide same-day access to all newly filed unlimited civil
jurisdiction complaints, and Ms. Kanatzar spoke with Mr. Marshall by phone in early
March 2011 to discuss options. While Ms. Kanatzar indicated a desire to improve on the
delays. the message conveyed to Courthouse News was that the clerk's office would not
provide same-day access to newly filed uniimite we have related to you in our previous correspondence and discussions, the press has a
presumptive. constitutional right of timely access to newly filed complaints, which
necessarily means same-day access. NBC Subsidiary (KNEe-TV), Inc. v. Superior Court,
20 Cal. 4'h 1178, 1208 & n.25 (1999) (recognizing First Amendment right of access to civil
litigation documents submitted to a court as a basis for adjudication); Associated Press v.
u.s. District Court, 705 F.2d 1143, 1147 (~Cir. 1983)(even short delays in access
constitute «a total restraint on the public's first amendment right of access even though the
restraint is limited in time"); Grove Fresh Distribs., Inc. v. Everfresh Juice Co., 24 FJd
J During one recent four-week ~e~od. only one complaint out of 145 was available for
review on the same day it was filed.
~6]459 v4 sar
Exhibit 2
Page 36
ERg?
~~
2: 11-cv-08083-R
-MAN
Document 1
Filed 09/29/11
Page 39 of 62 Page ID #:42
Hom Roberts & Owen ur
Attorneys at Law
Michael Planet
June 20,2011
Page 5
893,897 (7th Cir. 1994)("[i]n light of values which the preswnption of access endeavors
to promote, a necessary corollary to the presumption is that once found to be appropriate,
access should be immediate and contemporaneous"); Globe Newspaper Co. v. Pokaski,
868 F.2d 497, 507 (1 st Cir, 1989) ("even a one to two day delay impermissibly burdens the
First Amendment"); Courthouse News Service v. Jackson, 2009 U.S. Dist, LEXIS 62300,
at ...] 0-11, ]4 (S.D. Tex. 2009) ('~e 24 to 72 hour delay in access is effectively a denial of
access and is, therefore, unconstitutional").
Likewise, once a record has been filed or lodged with the court, Rule of Court 2.550(c)
provides that the record is "presumed to be open" to public inspection. The Rule of Court
thus recognizes that the public character of new complaints comes not from the court's
taking any particular action with respect to a complaint, but from a person's invoking the
power of the judiciary by submitting it to the court. See also Bank of Am. Nat 'I Trust &
Sav. Ass 'n v. Hotel Rittenhouse Assocs., 800 F.2d 339, 344 (3d Cir, J 986) (the right of
access springs into being the moment a person "undertakers] to utilize the judicial
process"); Leucadia, Inc. v. Applied Extrusion Techs., Inc., 998 F.2d 157, 164 Od Cir,
1993) ("By submitting pleadings and motions to the court for decision, one ... exposes
oneself (to] public scrutiny.") (quotation. omitted; emph. added).
In light of this right of access, it is not appropriate for this Court to deny media requests to
examine newly filed complaints on the ground that the Court has not yet completed its
administrative tasks associated with the processing ofthose complaints (tasks that vary
from court to court, but can include such items as inputting information about the
complaint into a computer system, fonnal acceptance, scanning, and/or posting the
complaint online for remote viewing). As. you can see from the enclosed city-by-city
survey, courts MOund the country have implemented a variety of procedures to ensure that
the press has access to all new civil complaints at the end of the day on which those
complaints are filed, regardless of whether they have been fully processed and/or other
administrative procedures have been completed. Indeed, given the media's roJe as
"surrogates for the public," see, e.g., Richmond Newspapers, Inc. v. Virginia, 448 U.S.
555,573 (1980), it is appropriate to provide news reporters who visit the Court every day
with procedures for obtaining same-day access to new filings, so that those reporters may
in tum disseminate information about those filings to interested persons, thereby keeping
the public informed as to what transpires in the courts.
\
I
#63459 11 sal
Exhibit 2
Page 37
ER98
.C~2:11-cv-08083-R
-MAN Document 1
Filed 09/29/11
Page 40 of 62
Page 10 #:43
"
Holme RobertB & Owen urAttonrep at Law
Michael Planet
June 20,2011
Page 6
With these considerations in mind, Courthouse News once again respectfully requests that
the Court adopt procedures 'to ensure that reporters who visit the court every day (which
would include but not necessarily be limited to Courthouse News) can review new
unlimited civil complaints at the end of the day they are filed, even if they have not been
fully processed. As the enclosed survey demonstrates, there are a variety of specific ways
this can be accomplished, but fundamentally, what we are asking for is for Ms, Krolak to
simply be allowed to see the day's new unlimited civil filings at the en~ of each court day.
We thank you for your attention to this important manner, and look forward to hearing
from you.
.
Sincerely,
Rachel Matteo-Boehm
CC:
The Honorable Vincent O'Neill, Jr., Presiding Judge
Courthouse News Service
"6)4~9.4sa r
Exhibit 2
Page 38
ER99
;,
_C~OO:11-cv-08083-R -MAN Document 1
Filed 09/29111
Page 41 of62
Page ID #:44
Media' Access to Courts Around the Nation
Prepared
By Courthouse News Service
June 2011
Courts around the country have developed a variety of procedures to provide the media with
access to new civil case initiating documents (complaints or petitions, depending on the
jurisdiction) on the same day they are filed, regardless of whether processing has been
completed (or in federal courts that have adopted e-filing, the so-called "quality assurance"
process is completed). and regardless of whether the complaint or petition has been made
available for electronic viewing. Courthouse News Service has prepared the following
summary of some of these same-day access procedures adopted in courts throughout the nation.
Albuquerqu.e
At the Second District Court of New Mexico (Bernalillo County), both paper and electronically
filed civil complaints are made available to the media in a "review pile" on the day of filing.
before they have been fully processed or made available to the public. Courthouse News'
reporter has been granted behind-the-counter access to the "review pile" and provided with a
small work space. where he can review-the new cases and scan any newsworthy complaint
using a portable scanner. Any complaint that does not make it to the review pile enters a 3 - 4
day docketing process, during which Courthouse News Service's reporter can typically track
down any case that needs to be seen.
Atlanta
At the Fulton County Superior Court in Atlanta, Georgia, new complaints are scanned
immediately upon filing and made available at computer terminals at the courthouse, most
within minutes of filing. In addition, complete docket information for civil cases is available
from a publicly accessible web site on the day the complaint is filed.
At the United States District Court for the Northern District of Georgia, where e-filing is
voluntary, reporters review new civil actions on the same day they are filed. New complaints
that are filed in paper form are scanned into a computerized press box before they go to
docketing and are accessible on a computer terminal in the Clerk's office. E-filed complaints
are made available to eNS's reporter, prior to any processing, via PACER by using a shell case
number code to access an online press queue of new same-day filings.
At the Travis County District Courthouse iii AUstin, where e-filing is mandatory for civil cases,
Courthouse News' reporter gets a list of aU of the new civil petitions filed earlier that same day
upon arriving at the courthouse. She then views newly filed petitions using a public access
terminal at the courthouse, Before leaving the court, Courthouse News' reporter gets an
updated copy of the list of newly filed petitions to see whether there are any that have been
filed since her first review, which she also views using the court's public access terminal,
Media Access
.~741 .. 1 .. r
[0
Courts Around the Nation
Page I
Exhibit 2
Page 39
ER 100
Gnp12:11-cv-08083-R
-MAN
Document 1
Filed 09/29/11
Page 42 of 62 Page 10 #:45
Beaumont
At the Jefferson County District Court in Beaumont, Texas, reporters are allowed behind the
counter 10 access paper copies of petitions filed that day. before the cases are put through the
docketing process. Reporters can make copies .bf newsworthy cases.
]
.
At the Beaumont Division o{the United States District Court for the Eastern District of Texas,
reporters have same-day access to newly filed actions regardless of whether docketing has been
completed. Reporters review scanned copies of new complaints via PACER., and if a new case
is not yet scanned and available on the court's computer system, reporters can request and are
given a paper copy of the new action based on a listing of new filings in a red log book made
available to the press.
.
Brooklyn
At the Kings County Supreme Court, newly filed cases are typically scanned into electronic
form immediately after they are filed. and the paper copies are then placed in a designated
media box for same day review. However. in the event that a new complaint is not scanned
until the following day, the paper copy remains in the press box until Courthouse News'
reporter has reviewed it. Courthouse News' reporter has been provided with a media pass that
allows her to remove the new filings from the media box and review them in a different area
behind the counter in the clerk's office on the same day the complaints are filed. Courthouse
News' reporter is free to make her own copies for a small fee,
At the United States District
copies" of new complaints,
throughout the day, thereby
even ifthe new filings have
Court for the Eastern District of New York, parties file "press
which ate placed ifit6 II press box that is made available to reporters
allowing them sameJdaY access to the vest majority of new filings,
not been fully processed or posted to PACER.
Chicago
!
i
At the Cook County Circuit Court in Chicago, Courthouse News' reporter, or any other
member of the media who is first to arrive at the courthouse, begins each visit by going behind
the counter to pick up the day's new complaints, Wid then brings them to a press room located
in the same building. The reporter sees complaints on the same day they are filed, regardless of
whether the complaints have been fully processed. Reporters can stay as late as they like to
review the new complaints.
At the United States District Court for the Northern District of Illinois. where newly filed
complaints are available on a same-day basis, the court bad previously provided the media with
a special case number code for the PACER web site that granted reporters access to a press
queue where the new complaints were posted before they had even been assigned a case
number or appeared on the public PACER website. However. the Court is now making newlyfiled civil complaints immediately available on PACER. as wen as the court's own independent
website, mak.ing access to the press 9':leue unnecessary.
,.
Media Access [0 Courts Around the Nation
N6ZH7 vi sef
.
Page 2
Exhibit 2
Page 40
ER 101
C'fl@22:11-cv-08083-R
-MAN
Document 1
Filed 09/29/11
Page 43 of 62 Page 10 #:46
Cincinnati
At the Hamilton County CoUI1 of Common Pleas in Cincinnati, Ohio, new complaints are
placed in the intake area for review by the media on the same day the complaints are filed.
Complaints are made available after they have been date-stamped, but before any other
processing occurs. Courthouse News' reporter sees between 30-60 complaints each day. If
Courthouse News' reporter misses a complaint, he may request the file from the paper room
staff the next day. Court employees will make copies of newsworthy complaints available
upon request for I 0 cents per page.
;~
At the United States District Court for the Southern District of Ohio, many of the newly filed
complaints are made available on the day of filing via PACER. However, for cases not
available electronically, the court places a copy
new cases into a press box at the intake
counter, where Courthouse News Services' reporter may review them until 4:00 p.m, when the
court closes to the public. The reporter may request copies of new complaints for 50 cents per
of
page.
Cleveland
At the Cuyahoga County Court of Common Pleas in Cleveland, Ohio, Courthouse News'
reporter bas behind-the-counter access to new filings on the same day they are filed, regardless
of whether they have been fully processed. Complaints are available as soon as they have been
date-stamped. Court officials provide Courthouse News' reporter with desk space to set up a
laptop and allow him use of the office copy machines.
At the United States District Court for the Northern District of Ohio, new civil cases can be
filed either in person or electronically. Both cases filed electronically and in person are made
avai Iable on PACER on the same day they are fiIed. However, to view cases that are restricted
from access via PACER or cases that have not yet been posted to PACER, Courthouse News'
reporter visits the courthouse, where the court staffwill print out a copy of any case he
requests, even if docketing has not been completed and regardless of how those complaints
were filed.'
,....:"
Columbus
At the Franklin County Court of Common Pleas in Columbus, Ohio, Courthouse News'
reporter has same-day access to new civil complaints after they have been date-stamped and
before processing. Courthouse News' reporter works at a desk behind the intake counter,
Complaints that are filed before the reporter arrives to the courthouse are placed in an "outbox"
tray where CNS's reporter is able to review them on the same day they are filed. Once the
reporter has finished reviewing those cases, a member of the court staff' retrieves complaints
that have been filed since the reporter's arrival directly from the various tellers and makes them
available for immediate review. Copies are available for a nominal fee.
At the United States District Court for the Southern District of Ohio in Columbus, all new
complaints are made available on PACER promptly upon filing. The court will also provide
Page]
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1161147.lsor
,:
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Exhibit 2
Page 4]
ER 102
R
C'lW:11~CV-08083~ ~MAN Document 1"-'-Filed 09/29/11
..
I.
Page 44 of 62 Page 10 #:47
hard copies of any civil filings not available on PACER on a same-day basis, but the speed with
which cases are posted to PACER generaJly makes this unnecessary.
At the Dallas County District Court in Dallas, Texas, Courthouse News' reporter is provided
with behind-the-counter access to new petitions as SOOn they are filed and before any
as
docketing has taken place. The court provides the reporter with a place to work, where staffers
in the clerk's office provide him with access to the new petitions filed in paper form. As for efiled petitions, Courthouse News Service's reporter views some on a computer terminal in the
clerk's office. In many instances. however, petitions are not available on the terminal on a
same-day basis, and the clerk's office provides him with paper printouts of those petitions so
that he can see them same-day.
The United States District Court for the Northern District of Texas has developed a process that
ensures reporters have same-day access to all new complaints, regardless of how far those
complaints have progressed through the intake process, On his daily afternoon visits to the
court. Courthouse News' reporter goes through a three-step process, described below, Leigh
Lyon, Assistant Chief Deputy of Operations, Dallas Division of the Northern District of Texas.
has informed us that she would be happy to speak with court officials in other jurisdictions
about this system. Ms. Lyon can be reached at (214) 753-2] 86.
•
First, Courthouse News' reporter checks a computer terminal in the clerk's office to
view summaries of the day's new complaints that have already been made available on
PACER. Courthouse News' reporter then' uses his own internet connection to
immediately download documents he needs to his laptop computer at the courthouse.
•
Second, Courthouse News' reporter checks for complaints that have been scanned by
the clerk's office, but are not yet available on PACER. These complaints have been
assigned a bar code and case number, and are made available for electronic viewing at a
public computer kiosk located in the clerk's office, where the media can then review the
new complaints on the same day they are filed.
•
Final ly, for complaints that are so new they have not yet been scanned, Courthouse
News' reporter views the paper versions ofthose new cases in their case folder and
maJces copies of newsworthy complaints .
........
:;
r.,
At the Wayne County Circuit Court, complaints are placed in a drawer in the intake area of the
clerk's office immediately after they are filed. Upon arriving at the clerk's office at
approximately 3 p.m., Courthouse News' reporter goes behind the counter and first doublechecks the previous day's complaints, which are located in bundled folders behind the intake
drawer, for any missed or last-minute filings
the day before. Then he turns to the intake
drawer, where he is permitted to review the newly filed complaints while standing behind the
counter. Most new complaints are in the drawer, but some are with the intake clerks, who will
share the complaints with the reporter for review. The reporter is permitted to make his own
from
Media Access to Courts Around the Nation
IJ62741vl
>or
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Exhibit 2
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ER 103
Cll(3r42:11-cv-0 8083- R - MAN 0 acumen t 1
F'lled 09/29/11
Page 45 of 62 Page 10 #:48
copies of complaints using a copier located also behind the counter. as well as an alternate
copier on the other side of the cashier station near the death certificates/marriage license area.
iJ
I
At the United States Distriot Court for the Eask:m District of Michigan, the court provides
copies, on a same-day basis, of all newly filed complaints in a media box located in a public
area, but only after the complaints have been fuJly docketed. Courthouse News' reporter can
either visit the courthouse to view complaints or he can view the new filings electronically on
PACER, which is just as timely as the hard copy press box.
Fort Worth
At the Tarrant County District Court in Fort Worth, most petitions appear on the court's on-line
system the day they are filed, except those cases that are filed electronically after 5:00 p.m.,
when the court is closed, which are made available the following day. Ifany petition that was
filed during court business hours is not available online the day it is filed. court staff either
make a copy for Courthouse News' reporter or arranges for the petition to be immediately
scanned and posted to the on-line access system. The end result is that Courthouse News'
reporter is able to access all petitions filed during court hours on the same day they are filed.
Houston
The Harris County Civil District Courts in Houston provided same-day access for many years
by permitting reporters to go behind the intaKe,wunters and review newly-filed petitions. In
2008, the clerk began requiring reporters
wait until new petitions had been processed and
posted on the clerk's web site before they could be reviewed, which delayed their availability
by a day or more - sometimes several days. After repeated attempts by Courthouse News to
negotiate a solution with the clerk's office failed to lead to a resolution, Courthouse News
reluctantly filed suit under 42 U.S.C. § 1983. In July 2009, the U.S. District Court for the
Southern District of Texas issued a preliminary injunction ordering the clerk to provide sameday access to civil petitions, and finding that "the~24 to 72 hour delay in access is effectively a
denial of access and is, therefore, unconstitutional." Courthouse News Service v, Jackson, et
al., 2009 WL 2163609, at *4 (S.D. Tex. July 20. 2009). In accordance with that injunction
order, the clerk's office began scanning new petitions and posting them to the clerk's web site
the same day they are filed. Pursuant to a stipulated permanent injunction entered by the court
in March 201 0, the clerk's office became obligated not only to continue to provide same-day
access to new civil filings, but to pay more than $250.000 to Courthouse News to compensate it
for the attorneys fees it incurred in litigating the case. The stipulated permanent injunction did
not specify the particular manner in which same-day access musLbe provided, and the clerk's
office has chosen to comply with the order by continuing its practice of posting new petitions
on the clerk's web site. Those petitions can be viewed, and printouts can be made, free of
charge by the media and other interested parties on the day of filing. After that, petitions can
81iU be viewed without charge, but printouts can be made only ifthey have not been certified.
Once they are certified - which U$ua\1y occurs th.c day after filing - there is a fee to print out
copies of the petitions. Details abouttJiis program can be found on the Harris County District
Clerk's web site, at http://www.hcdistrictclerk.co)nfEdocsIPubhdsearch.aspK
(see button:
"Search Today'.!: Filings").
to
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[0
Courts Around the Nation
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v I sa{
Exhibit 2
Page 43
ER 104
C,m52:11-cv-08083-R
-MAN
Document 1
Filed 09129/11
Page 46 of 62
Page 10 #:49
At the United States District Court for the Southern District of Texas. where electronic filing is
req uired for new cases, Courthouse News' reporter can view electronic versions of complaints
that are already docketed and posted to PACER on the same day they are filed. For any new
complaint that has not yet been fully docketed, the Court will usually provide a hard copy
regardless of how far along the complaint is in the docketing process, also on the same day they
are filed.
.
.. Indbulapolis
,
I,
At the Marion County CirCUItand Superior Co~s in Indianapolis, Indiana, reporters view all
new filings on a same-day basis in the clerk's office. Reporters are given stacks ofthe new
filings, before they are processed or sent to the proper court division, and are allowed to go
through them at tables in the public viewing area from 4:00 p.m. to 4:30 p.m, Reporters can
then make copies thernsel ves on court copy machines, which are then billed to Courthouse
News Service monthly,
At the United States District Court for the Southern District of Indiana, reporters are provided
with access to all complaints filed on a same-day basis, even if docketing has not been
completed. When Courthouse News' reporter arrives at the end of the day, the court staff
gathers all of the civil cases filed throughout the day and allows the reporter to review the
complaints. The court staff will then make copies at a rate of 50 cents per page.
Las Vegas
At the Eighth Judicial District Court in Las Vegas, Nevada, reporters saw the majority of new
civil complaints on a same-day basis until the court switched to mandatory e-filing in February
2010. Following that switch, the court began requiring news reporters to review new
complaints at a computer termlnal in the clerk's office, but this system resulted in complaints
not being available for viewing nnti]:t~e day aft~ they were filed. The reason for these delays
was that new complaints did not appear on the computer terminals until after they had been
"accepted" by the clerk's office, and only after the terminals had been updated to reflect the
new filings. After Courthouse News brought these delays to the attention of the court, the court
adopted a new system: an electronic in-box, through which complaints can be viewed on a
computer terminal as soon as they cross the electronic version of the intake counter at the
clerk's office, even if they have not yet been fully processed. Through this system, which is
similar to the electronic in-box access procedures in place at numerous federal district courts
(many of which are described in this survey), Courthouse News is now seeing new e-filed
complaints on a same-day basis.
At the United States District Court for the District of Nevada, Courthouse News' reporter can
view electronic versions of the majority of new complaints on a same-day basis on PACER.
Complaints that are not made available on the day they are filed are usually made available on
the following day.
Media Access [0 Courts Around the Nation"
'62747 vr sar
Page 6
•
.~ f
Exhibit 2
Page 44
ER 105
.Ctl(J62:11-cv-oa083-R
-MAN
Document 1
Filed 09/29/11
Page 47 of 62 Page 10 #:50
Los Angeles
At the Downtown (Stanley Mosk Courthouse) branch of the Superior COW1 of California in Los
Angeles, reporters can review all new actions that are filed on a particular day through the
court's computer system, which includes terminals for the general public and additional
terminals in a designated press room. Both the filing room - including the intake and
processing areas - and the area in which the general public view cases close at 4:30 p.m .• but
the press room remains open later and even the latest filings of the day are available and can be
revi ewed by 7;00 p.m, A bout 90 new civil, general jurisdiction cases are filed each day.
At the Santa Monica Courthouse of the same court, face pages of each day's newly-filed
complaints are made available for review at 3:30 p.m, on the same day the complaints are filed.
Courthouse News' reporter then-requests copiesof those complaints for which she wants to see
the full-text versions. The full text of'late-filed 'COmplaints is made available at 4:30 p.m.,
when the filing room court closes its doors to the public but where the courthouse employees
continue to work until 5;00 p.m. Courthouse News' reporter can then request copies of any of
those late-filed complaints, and they are generally provided right away.
At the United States District Court for the Central District of California, a room is set up
directly off the docketing department with a set of pass-through boxes. At 4 :45 p.m., a
messenger places all of the civil complaints filed that day in the pass-through boxes so that the
media can review them. Inside the reviewing room is a copy machine maintained by the press.
Reporters that cover the courthouse 01) adaily basis have a key to the room. which is otherwise
locked, and they can stay as long as they want to look over the complaints and rulings, copy
those of interest, and put the documents back in the pass-through boxes.
Louisville
At the Jefferson County Circuit Court in Louisville, Kentucky, the clerk's staff makes a copy of
the front page of all complaints filed throughout the day and places the coversheets on a tabJe
in the public area of the office. Courthouse News' reporter then reviews the stack of
coversheets and requests any complaints he determines to be newsworthy on the same day they
are filed. The clerk's office will make copies for him at a rate of25 cents per page.
.. <
The United States District Court for th~;WeStem District of Kentucky in Louisville has adopted
an e-filing system requiring initiating documents'to be filed electronically. The court has
provided the media with an "MC" case number code. Using this code at a designated computer
terminal in the clerk's office, reporters can review newly filed complaints in exactly the same
format as they are received in the clerk's office, prior to being docketed and before they are
available to the public on PACER. If a reporter needs a copy of a complaint, he requests the
copy from court staff at a rate of 50 cents per page.
ManhaMan
At the New York County Supreme Court, where certain case types are required to be e-filed,
new complaints are made available to reporters on the same day they are filed, whether they are
filed in paper or electronic form. E-filed cases are posted online to a court website by the end
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-MAN
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of the day they are filed, While new complaints filed in paper form an: indexed and scanned
shortly after being filed, and made available electronically via an internal computer system on
terminals set up throughout the courthouse. At 4:00 p.m., and then at regular intervals until
5:00 p.m., the paper versions of the new complaints are then placed by court officials in a
secure area behind the counter where reporters are free to review them on a same-day basis.
At the United States District Court for the Southern District of New York, reporters are
permitted to view new civil complaints three times a day - between 9:00 a.rn, and 9:45 a.m.,
between I I :30 a.m. and 12: 15 p.m., and between 3:35 p.m. and 4:30 p.m. - on the same day the
complaints are filed.
In Miami-Dade County Circuit Court, the clerk's office closes to the general public at 4 p.m.,
but security personnel remain until 6:45 p.m., allowing Courthouse News Service's reporter to
review new filings. The reporter is permitted to go behind the intake counter and pull same day
complaints directly from each intake clerks' desk from 4:45 p.m. until the office closes at 6:45
p.m. The complaints that Courthouse News' reporter reviews have been assigned a case
number and checked for all required documentation and payment, but have not been entered
into the court's computer system .. If the reporter needs copies she is able to make her own
copies at a Court copy machine-for $1 per page.
At the United States District Court fOT the Southern District-of Florida, electronic filing of new
civil complaints is mandatory, and new complaints that are filed before 5 p.m. appear on
PACER on the same day they are filed. Cases filed after 5 p.m. appear on PACER the
fbllowing
day.
.
Milwaukee
At the Milwaukee County Court in Wisconsin, reporters have access to new complaints on the
day they are filed, even if they have not yet been'fully processed, and are permitted to go
behind the counter. Reporters can request copies of complaints from court personnel for a
small fee.
.
At the United States District Court for the Eastern District of Wisconsin, most new complaints
are e-filed and available electronically through PACER on the same day they are filed.
However, for those cases that are not immediately posted to PACER, court staff provides
reporters with the original paper versions of the new complaints, also on the same day they are
filed. Reporters are then able to make copies at a copy machine for a nominal fee.
.
.
MioaeaDol&!st
Palll
At both the Hennepin County District Court in Minneapolis and the Ramsey County DistrictCourt in St Paul, where many ofthe new complaints are filed by mail, Courthouse News'
reporter is permitted to go behind the counter to review the stack of original complaints on the
same day they are filed and before they are docketed. Because the reporter visits Ramsey
County only three times per week, she is unable to review all cases on the same day they are
Media Access to Courts Around the Nation
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Exhibit 2
Page 46
ER 107
c~~:
11-cv-08083-R
-MAN
Document 1
Filed 09/29/11
Page 49 of 62 Page 10 #:52
filed, but is able to search for and view the cases she has missed on a computer terminal at the
courthouse the next time she visits the court. The reporter is able to make her own copies in
Hennepin County, where Courthouse News bas established a copy account. In Ramsey
County, for cases the reporter reviews on the day offiJing, the court staff will make copies of
any complaint the reporter requests, For eases.she reviews after the day offiling, the reporter is
able to print a copy directly from thecomputerterminal.
At the United States District Court for District of Minnesota, reporters begin their visit by using
a computer terminal at the courthouse to view an intake log of new cases. From there, reporters
review complaints available on PACER using a public computer terminal in the clerk's office.
If a complaint shown on the intake log of new cases is not yet available on PACER, the court
wiIl print out a copy for the reporter. The Clerk charges 10 cents per page for any copies that
reporters request.
Nashville
At the Davidson County Chancery Court in Nashville, Courthouse News' reporter reviews an
intake log ofthe day's new filings on a public computer terminal at the courthouse. She then
compiles a Jist of the relevant cases and presents the list to the court staff, who retrieve the
requested cases and allow her to review the complaints regardless of whether the docketing
process has been completed.
At the Davidson County Circuit Court, most new complaints are scanned throughout the day
and are made available through a government website on the same day they are filed.
At the United States District Court ~rthe Middle District of Tennessee, the clerk's staff are
required to stay one hour after closing lit order t~ scan all new filings and post them onto
PACER on the day they are filed.
Oakland
Although the Alameda County Superior Court in Oakland, California, endeavors to make
newly-filed complaints available for viewing on its web site on a same-day basis, it has
implemented procedures to ensure that news reporters who visit the Rene C. Davidson
courthouse can obtain same-day access to those complaints that would otherwise not be posted
for electronic viewing on a same-day basis. Under those procedures, reporters are provided
with access to a workstation behind the intake counter. The station is equipped with a
computer connected to the Internet. Courthouse News' reporter first reviews the cases that are
made available online. For those cases that are not available online by the end of the work day
but are of media interest, court staffers scan and make those cases available on their web site.
City
Oklahoma
At the Oklahoma County Court, intake clerks place all of the day's new petitions into a central
basket by 3: 15 p.m. Petitions placed in the basket have been date stamped, but have not been
fully docketed - only indexed. A member of th~ clerk 's staff then provides the petitions to
Courthouse News' reporter, and the reporter.is instructed to sign the back of each petition to
•
Media Access to Courts Around tile Nation
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Exhibit 2
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C~:11-cv-08083-R
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-MAN Document 1
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Page 50 of 62 Page ID #:53
'
ensure that she has seen them all, After she has completed her review of the petitions in the
basket, Courthouse News' reporter is permitted to review any further petitions that have been
filed, indexed and placed in the basket after J: 15 p.m. The reporter may request copies of
petitions at a rate oUI.OO for the first page and 50 cents for all subsequent pages.
Omaha
At the Douglas County District Court, new complaints are filed in paper form and then added
to an internal computer database that is updated live when a new case is received and indexed.
Courthouse News' reporter reviews the index information for relevant cases on a courthouse
computer terminal and a filing c1er~re~eves'·th;e complaints he requests before they have been
fully processed or scanned. Courthouse News'treporter ean review the new complaints on the
day offiling in the public area ofthe clerk's office and is free to make copies on public
machines.
Orlando
At the Ninth judicial Circuit Court, Courthouse News' reporter reviews hard copies of newly
filed complaints at a designated desk behind the counter. The staff places new complaints that
have not undergone any processing (i.e., docketed, jacketed or assigned a case number) near the
reporter's desk each day for same-day viewing. Since some complaints have been docketed by
the time Courthouse News' reporter arrives. these complaints are placed in a separate pile for
review before they are moved to a separate desk for scanning by 4 p.m. In
addition, Courthouse News' reporter is permitted to review e-filed complaints and complaints
that have been docketed and scanned by the time the reporter arrives on a same-day basis using
one of the Clerk's terminals located beh ind the counter.
the reporter's
At the United States District Court for the Middle District of Florida in Orlando, where
electronic filing is mandatory, the court posts the majority of new civil filings to PACER on the
same day they are filed.
:;Palni !Jeacb
,..
r'
In the Palm Beach County Circuit Court, members of the press review new civil cases at the
intake counter at 4 p.m. on the day they are filed. The new cases are given to the press as a
stack offolders.
Phoenix
At the Maricopa County Superior Court in Phoenix, Arizona, court staff recently implemented
new procedures to ensure sarne-day access to civil complaints fi led at its downtown location.
Under the new procedures, court staff scan and upload for electronic viewing all complaints
filed before 3 p.rn., which are then made available on a designated press computer located in
the Customer Service Center for Courthouse News' reporter to review and, if necessary, print.
Complaints filed between 3 and 5 p.m. are immediately placed in a bin at a designated intake
window in the Central Court Building, where Courthouse News' reporter may review those
complaints between 4 and 5 p.m.
Media Access to Courts Around the Nation
M62747 vI
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Exhibit 2
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ER 109
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-MAN Document 1 " ~iled 09/29/11
. ~~.
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Page 51 of 62 Page ID #:54
;
Pittsburgh
At the AlJegheny County Court of Common Pleas in Pittsburgh, Pennsylvania, where the Court
has implemented an internally operated electronic filing system, nearly all ofthe day's new
filings are available on-line on a same-day basis. Complaints not posted to the court's website
on the day of filing are made available the following day.
In the United States District Court for the Western District of Pennsylvania, where electronic
filing is mandatory, Courthouse News' reporter has been provided with an "Me" case number
code for PACER that allows her to view the new filings before they are docketed.
Portland
At the Multnomah County Court in Portland, Courthouse News' reporter is given a stack of the
current day's newly filed complaints, which she reviews at a cubicle behind the counter. The
reporter can make any needed copies herself uslftg her own portable scanner.
At [he United States District Court for the District of Oregon, Courthouse News' reporter first
searches for newly filed complaints through the court's "electronic in-box," which is available
on a public access terminal at the courthouse and contains those complaints that the clerks have
scanned but not yet processed and posted to PACER. Site then searches for processed
complaints on PACER. which are also available at a public access terminal at the courthouse.
Finally, the clerks give Courthouse News' reporter paper copies of those complaints that have
not yet been scanned and posted either to the electronic in-box or to PACER. The clerks will
also review the court's record book with Courthouse News' reporter at the end of the day to
malce sure that no filings have been missed.
Riveqide
At the Superior Court for the State of California, County of Riverside, new complaints are
scanned and made available for electronic viewing via the Court's web site and at computer
terminals in the courthouse. The press had been experiencing delays in access for years until a
new clerk, formerly from the United States District Court for the Central District of California,
came on board. The clerk found that same-day access could be achieved simply by shifting the
schedules of the personnel who scan complaints so that they begin and end work later in the
day, thus ensuring that new complaints would be made available for electronic viewing on a
same-day basis.
"
j
Sf. Louis
At the S1. Louis City Circuit Court in Missouri, Courthouse News' reporter goes to the intake
window where cases are filed and clerk's office staff members hand the reporter a stack of new
cases filed that same day. Courthouse News' reporter works at the counter next to the intake
window; however, members of the media can also work at a table near the window. Staff
members in the clerk's office will provide members of the media with copies of newsworthy
new cases free of charge.
Media Access to Courts Around the NaIi<;1Il
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Exhibit 2
Page 49
ER 110
·C~$12:11-cv-08083-R
-MAN Document 1
Filed 09/29/11
Page 52 of 62 Page 10 #:55
At the United States District Court for the Eastern District of Missouri. where new complaints
must be electronically filed, each case is assigned a case number upon filing by the attorney
and is immediately made available on PACER; even ifit has not been fully reviewed and
processed. Courthouse News' reporter is able to view the new complaints on a computer
terminal in the clerk's office and print out copies for a small fee.
San Francisco
At the Superior CoUJ1of Calif ami a for the County of San Francisco, news reporters are allowed
behind the counter into the stacks to review unlimited numbers of new filings after providing a
dri ver' s license and filling out a temporary name tag. The number of new filings per day
varies, but often exceeds 50. Courthouse News views new complaints regardless of whether
they have been fully processed. San Francisco Superior has established a written protocol for
members of the press. The key provisions are quoted below:
If media personnel want to review files already on the shelves, they can pull
these files themsel Yes and return them to the shelves.
All new filings wiJl be held in a Media Box during the day. Between 3:00 and
4:30 each day, this box will .be available to the media for viewing in the Records
department, whether or not 'the cases have been entered in the computer. At
4:00 PM, when the office closes'to' the'pllblic. media personnel may ask to view
any additional filings that may have come in since 3:00 PM. The Records
supervisor or an assigned clerk will retrieve those files for the media to view.
Any member of the media viewing new filings must return them to the box for
eventual return to the Records supervisor or assigned clerk.
Media personnel may come in anytime before 3:00 PM to view new filings.
However, they will only be viewing cases newly filed up until that time.
Copy machine from the second floor Media Room will be moved to Room 103
and located behind the Records department This machine belongs to
Courthouse News Service, but has been made available to all media personnel
for their use.
'
At the San Francisco Division of the United States District Court for the Northern District of
California, reporters go behind the counter and review actions filed that same day. regardless of
whether the complaints have been fully docketed or posted on PACER. They are also
permitted access to the so-called "transfer boxes" of new actions being sent to different
divisions of the court, and are provided with a copy of the intake log. Reporters are permitted
to make copies of cases they determine to be n.~wsworthy using a portable scanner,
!-,'
.San .iose
At the Santa Clara County Superior Court in San Jose, California, the Court recently
implemented new procedures to ensure that reporters receive same-day access to the vast
Media Access to Courts Around the Nation
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ER 111
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11-cv-08083-R
-MAN
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Filed 09129/11
Page 53 of 62
Page 10 #:56
majority of each day's new civil unlimited jurisdiction complaints. Under those procedures,
civil unlimited complaints are made available to Courthouse News' reporter upon receipt of the
filing fee. the assignment ofa case number, and the assignment ofa flrst status conference date.
even though processing of the new complaint is far from over at this juncture. Complaints that
are filed over the counter by 3:30 p.m. are made available to Courthouse News' reporter on the
same day they are filed. All unlimited jurisdiction complaints that are in the drop box by 4 :00
p.rn. are also made available to Courthouse News on the same day they are filed. Unlimited
jurisdiction complaints that are filed over the counter between 3:30 p.m. and the cleric's office
closing at 4:00 p.m. have been designated as
priority. and the court endeavors to make
them available for review onthe same day they are filed. Courthouse News' reporter is
permitted to remain at the court WItiI 4:30 p.m .• one half-hour after closing. to review late-filed
cases. The court makes copies of complaints as requested by the reporter.
a staff
At the San Jose Division of the United States District Court for tbe Northern District of
California, clerks print out a Jist of all new complaints filed earlier that day. Reporters go
behind the counter, obtain complaints from individual clerks' desks. report on and scan any
newsworthy complaints, and then return the complaints to the clerks' desks.
At the King County Superior Court, Courthouse News' reporter is provided with a docket sheet
print-out of new cases two times per day-once at l l a.m, and again at 3 p.rn. The] I a.m.Iist
includes al1 cases that have been filed from 3 p.rn on the previous day through II a.m. on the
current day. while the 3 p.m, Jist includes new cases that have been filed from 11 a.m, to 3 p.rn,
that day. The reporter reviews each list to find relevant cases, then searches for and views new
complaints on a computer terminal at the courthouse. She is able to print out relevant
complaints for 15 cents per page.
l
•
T~m.'pa
,.
=,
At the Hillsborough County Circuit Court. new complaints that are hand-filed in the main
courthouse are made available for review by reporters at the end of the day they are filed. Most
complaints are scanned by court staff and made available on the court's public access terminals
for review. Those complaints that are not scanned and available on the public access terminals
by 4 p.m. are provided in paper form for news reporters, who have until the court closes at 5
p.m. to review those late-filed complaints.
Media Access to Courts Around the Natiol1'~'
I/W47
vI saf
Page I]
Exhibit 2
Page 51
ER 112
CG1$32:11-cv-08083-R -MAN
Document 1
Filed 09/29/11
Page 54 of 62 Page ID #:57
EXIDBIT3
ER 113
C~sr~: 11-cv-08083-R
-MAN Document
1
Filed
09/29/11
Page
55 of 62 Page 10 #:58
Supmor Court 0/ Ca/;fom;a
COUNTY OF VENTURA
Hall of Justice
800 South VIctoria Avenue
Ventura, CA 93009
Michael D. Planet
Executive OfficerlClerk
and Jury Commissioner
July 11, 2011
Rachel Matteo-Boehm
Holme Roberts and Owen llP
560 Mission Street, 25th Floor
San Francisco, CA 94105
Re: Media Access to New Complaints
Dear Ms. Matteo-Boehm:
I am writing in response to your June 20, 2011 letter regarding
complaints at the Ventura Superior Court.
media
access to new
As you have noted, the Court has met and spoken with you and representatives of Courthouse
News Service several times over the past couple of years to both explain the Court's serious
resource shortages as a result of budget reductions, and steps that could reasonably be taken
to make new complaints available to the media,
The budget recently signed by the Governor
imposes even more drastic reductions to the Courts, which makes it even more difficult to
provide same-day access to new filings. .
'
While I appreciate the Courthouse News Services' interest in same-day access, the Court
cannot prioritize that access above other priorities and mandates,
Further, the Court must
ensure the integrity of all filings, in.eluding new filings, and· cannot make any filings available
until the requisite processing is completed. We will continue to make every effort to make new
filings available as early as is practicable given the demands on.limited court resources.
&~~UHr
Michael D. Planet
Executive Officer
MDP/vjb
MailingAddress:
p,o, Box 6489, Ventura. California 93006-6489
Exhibit 3
Page 52
ER 114
C~sr52:11-cv-08083-R
-MAN
Document 1
Filed 09/29/11
Page 56 of 62 Page 10 #:59
EXHmIT4
ER 115
CfJI~:11-cv-08083-R
-MAN. Document 1
Filed 09f29/11
Page 57 of 62 Page,ID #:60
Holme Roberts & Owen LLP
AUomeyr atfmg
SAN FRANCISCO
BOUlDER
August 2, 20 I ]
Michael Planet
Court Executive Officer
Ventura County Superior Court
800 South Victoria Ave.
Ventura, CA 93009
Re:
Media Access 10New Complaints
COlORADO SPRINGS
Dear Mr. Planet:
DENVER
DUBLIN
LONDON
On behalf of Courthouse News Service, we write to briefly respond to your assertion, in
your July 11, 2011 letter, that budgetary difficulties prevent the Ventura County Superior
Court from providing the media with timely, same-day access to newly-filed civil
unlimited jurisdiction complaints.
Respectfully, our experience working with other courts shows that providing prompt media
access to new civil complaints - fundamentally. the simple act of letting reporters see the
new complaints that, because they are newly-filed. are already centrally located in the
intake area - need not involve any extra expense or staff time beyond the de minimis effort
of handing a stack of complaints to a reporter (and even that de minimis effort can be
eliminated if a credentialed reporter is simply allowed 10 go behind the'counter to pick up
the slack, as reporters do at the federal district court in San Francisco, for example).
Indeed, it has been our experience that providing prompt access is largely a matter of will
on the part of the court and its leaders.
lOS ANGELES
SALT LAKE CITY
For example, at the San Francisco Superior Court and Santa Clara County Superior Court,
new filings are placed in a media box, available to news reporters for viewing whether or
not those complaints have been fully docketed. In the past, in San Francisco, reporters
gathered the complaints from the intake window and put them in the box, actually saving
Some work for the court. Courthouse News has also observed that the de minimis staff
effort required to administer this type of"rcvicw box" is much less than the substantial
effort involved when staff are required to track down fully processed complaints for press
review, as is currently the case in Ventura County. State courts in Alameda, Los Angeles
and Riverside also provide same day access to the press. AU four federal courts in
California provide the media with same-day access to new civil complaints without undue
expenditures of staff time or expense.
Racllel MaUeo-Boehm 415.268.1996 rathel.matteo·boehm@hro.com
560 Mission Street, 251h Floof San Francisco, CaDromia 94105-2994 tel 415.268,2000
fclx 415.268.1999
H6~169 _I saf
Exhibit 4
Page 53
ER 116
· C8f3f1:11-cv-08083-R
-MAN Documentj
filed 09/29/11
Page 58 of 62 Page 10 #:61
HoJme Roberts & Owen UP
AaDme)"S
crt Lalli
Michael Planet
August 2, 20 II
Page 2
At bottom, press access only results in increased costs where the court imposes the
requirement of complete processing before providing access. But newly filed complaints
become public records upon filing, and this status is not contingent on the court having
first completed processing. We must therefore respectfully but firmly disagree with your
assertion that providing timely access can only be accomplished at a monetary cost to the
Court.
Sincerely,
1~~~
Rachel Matteo-Boehm
cc:
The Honorable Vincent O'Neill, Jr., Presiding Judge
Courthouse News Service
"
~64169.1
s.r
Exhibit 4
Page 54
ER 117
C~~:11-cv-08083-R
-MAN
Document 1
Filed 09/29/11
Page590f62
Page 10#:62
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE
JUDGE FOR DISCOVERY
This case has been assigned to District Judge Manuel Real and the assigned discovery
Magistrate Judge is Margaret A_ Nagle.
The case number on all documents filed with the Court should read as follows:
CV11- 8083 R
(MARx)
Pursuant to General Order 05-07 of the United States District Court for the Central
District of California, the Magistrate Judge has been designated to hear discovery related
motions.
Unless otherwise ordered. the United States District Jlldge assigned to this case will
bear and detennine all discovery related motions.
====~===========~===~=~========~~=~===~.
NOIICE TO COUNSEL
A copy of this notice must be Bwved with the summons and complaint on
8 COJTY of Ihi8 notice musl be served an ali pIa/tIIIIfsJ.
af/ defendants
(If a r8mtJ11alaClion I.
flsd,
Subsequent documents must be filed at the following location:
[Xl
Westem Division
312 N. Spring St., Rm. G-8
Los Angeles, CA 90012
U
Southlm DIviSion
411 West Fourth St, Rm.1-053
Santa Ana, CA 1270104516
U
ealbm Dll/lSlon
3470 Twelfth Sl, Rm.134
Rlvandde, CA 82501
Failul8lo file altha pnlpeI'location willresuilln: JOIIrdocuments being returned to you.
CV·18 (03ID6)
NOTICE. OF ASSIGNMENT
TO UNITED STATES MAGISTRATE
JUDGE FOR DISCOVERY
ER 118
00/00/2 1
16:10:21 FAX 2132499990
NATIONWIDELEGAL
1
ORIGINAL
Name &: Address:
Rachel MaUeo~Boehm(SBN 195492) .
OavidGreene (SBN 1601rJ
Leila C. Knox ~BN 245999
Holme Roberts &. Owen LL
S60 Mission Streec, 25th Floor
San Francisco.CA 94105·2994
~:41S1268-2000;Fax:41S126S-1999
UNITED STATES DISTRJCf COURT
CENTRAL DISTRICT OF CALIFORNrA
CASENUMBEK
COURTHOUSE NEWS SERVICE.
PLAINTIff(S)
v
•
MICHAEl. PLANET. in his official capacily as
Court Executive Officer/Clerk of the Venmra
Caunty Superior Coun,
SUMMONS
DEfENDAN1'(S).
TO:
DEFENDANT(S): Michael Planet, In his official capaelty as Court Excwtive Officer/Clerk of'tbe
Ventura CoUltty Superior Court
A lawsuit has been filed agalnsl YOli.
Within"!!"",,, days after service of this IIWnmon. an you (not counllns &heday YOII recolved It). you
mUll serve on the plaintiffan answer to the attached III complaint 0
s.mende' conaplalat
CIcounterclaIm 0 cross-claim or GIllotion under Rule 12urtlle Federal Rules of Civil Procedure. 11te IlDSWer
or motion mUSI be served on fhe plalntlfl's attorney. Rachel Matteo~Boehm
• whose address is
Holme Roberts" Owen LlP. 560 Mission St.. 2Sth FI.. San Francisco. CA 94105·2994 • ((you filii to do so.
judamcnt by default will be entered against you for the relief demanded in the IXImplaint. You atso must tile
your answer or motion wilh the c:ourt.
.
Clerk, U_S. District Caurt
SEP 29 2011
Dated: __
-
_
JIM 6fJt/ayI ifl. thfondonr tulle UnHed StalllS or a UniktJ StaIU .11110/. or is 1m tdJl«r or employee ofrhll United Stale&. AI,_.d
4tJdap by Rult 12(tJ)(J)).
CV-QIJ\ "2107)
SI'IIIMONS
ER 119
~~&ro'1 :1-r:v-OHOR~-R-MAN
oO/oOno~16:ro:21
rn:k'2I3~49~990
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(CfIodc -.
ir)'Gll.-e re~liq"
Document 1
Filed 09/29/11
NATIONWIDE
,'lItIlHlfCb
OEFEfUW(1S
Oftlcerofdu:
Ntmt.
1
MJCHA!L PLANET. in hit ofl"lClll capacity
Coanhouse News Service
(b) AaIIne)os(FiIlll
Page 61 of 62 Page ID #:64
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Ptp:laf2
ER 120
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NATIONWIDE
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C~@12;11-cv-08083-R
-MAN
Document 1
LEG~
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lJNf1'ED STATES DISTRICf COURT. CENTRAL DlSTRIcr
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CV .71 (OSII)I)
Ctvo. COVER
SHEET
ER 121
CMJECF - California Central District
Page 10f6
122
(MANx), APPEAL, CLOSED, DISCOVERY
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
(Western Division - Los Angeles)
CNIL DOCKET FOR CASE #: 2:11-cv-08083-R -MAN
Courthouse News Service v. Michael Planet
Assigned to: Judge Manuel L. Real
Referred to: Magistrate Judge Margaret A. Nagle
Case in other court: 9th eCA, 11-57187
Cause: 42:1983 Civil Rights Act
Date Filed: 09/29/2011
Date Terminated: 11130/2011
Jury Demand: None
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Courthouse
News Service
represented by David Allen Greene
Bryan Cave LLP
560 Mission Street Suite 250
San Francisco, CA 94105-2994·
415-268-2000
Fax: 415-268-1999
Email: david.greene@bryancave.com
ATTORNEY TO BE NOTICED
Leila Christine Knox
Bryan Cave LLP
560 Mission Street Suite 250
San Francisco, CA 94105-2994
415-268-2000
Fax: 415-268-1999
Email: leila.knox@bryancave.com
ATTORNEY TO BE NOTICED
Rachel E Matteo-Boehm
Bryan Cave LLP
560 Mission Street Suite 250
San Francisco, CA 94105-2994
415-268-2000
Fax: 415-268-1999
Email: rachel.matteoboehtn@bryancave.com
ATTORNEY TO BE NOTICED
v.
Defendant
Michael Planet
in his official capacity as Court
Executive Officer/Clerk of the Ventura
represented by Robert A Naeve
Jones Day
3161 Michelson Drive Suite 800
ER 122
https:/lecfcacd.uscourts.gov/cgi-binIDktRpt.
pl ?578713661642325- L_452_0-1
5/18/2012
CMlECF - California Central District
Page Z of6
123
County Superior Court
Irvine, CA 92612
949-851-3939
Fax: 949-553-7539
Email: maeve@jonesday.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Erica Lynn Reilley
Jones Day
555 South Flower Street 50th Floor
Los Angeles, CA 90071
2 13-489~3939
Fax: 213-243-2539
Email: elreilley@jonesday.com
ATTORNEY TO BE NOTICED
Date Filed
#
Docket Text
09/29/2011
1
COMPLAINT against Defendant Michael Planet. Case assigned to Judge
Manuel L. Real for all further proceedings. Discovery referred to Magistrate
Judge Margaret A. NagIe.(Filing fee $ 350 Paid.), filed by Plaintiff Courthouse
News Service. (et) (amar). (Entered: 09/29/2011)
09/29/2011
21 DAY Summons Issued re Complaint - (Discovery)
Michael Planet. (et) (Entered: 0912912011)
1as to Defendant
0912912011
2
NOTICE of Interested Parties filed by Plaintiff Courthouse News Service,
identifying Other Affiliate William Girdner, President, Courthouse News
Service for Courthouse News Service. (et) (amar). (Entered: 09129/2011)
09129/2011
.2.
NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by
Plaintiff Courthouse News Service. Motion set for hearing on 111712011 at
10:00 AM before Judge Manuel L. Real. (et) (mg). (Entered: 09f29/2011)
0912912011
.4
MEMORANDUM of Points and Authorities in Support of MOTION for
Preliminary Injunction J filed by Plaintiff Courthouse News Service. (et)
(amar), (Entered: 09/29/2011)
09129/2011
.2
DECLARA nON of KAREN COVEL in Support of Motion for Preliminary
Injunction J filed by Plaintiff Courthouse News Service. (et) (amar). (Entered:
09/29/2011 )
0912912011
Q
DECLARATION of JULIANNA KROLAK in Support of Motion for
Preliminary Injunction 1 filed by Plaintiff Courthouse News Service. (et)
(amar). (Entered: 09/29/2011)
0912912011
1 DECLARA nON of WILLIAM GIRNER in Support of Motion for
Preliminary Injunction j filed by Plaintiff Courthouse News Service. (et)
(amar). (Entered: 09/29/2011)
09/29/2011
.a
DECLARATION of CHRISTOPHER MARSHALL in Support of Mati on for
Preliminary Injunction J filed by Plaintiff Courthouse News Service. (et)
ER 123
https:llecfcacd.uscourts.gov/cgi-binIDktRpt.pl?578713661642325-L
_ 452_0-1
5118/2012
CM/ECF - California Central District
Page 3 of6
124
(amar). (Entered: 09/2912011)
09/29/2011
9
09/29/2011
10
PROOF OF SERVICE filed by Plaintiff Courthouse News Service, re
Memorandum in Support of Motion j] , Declaration of Christopher Marshall j; ,
MOTION for Preliminary Injunction 1. , Declaration of William Girner 1,
Declaration of Julianna Krolak §. , Declaration of Karen Covell served on
9/29/11. (et) (amar). (Entered: 09/301201 I)
10/06/2011
11
PROOF OF SERVICE filed by plaintiff Courthouse News Service, re
Memorandum in Support of Motion i ,Declaration (Motion related) .§. ,
Complaint - (Discovery), Complaint - (Discovery) 1, Summons Issued,
MOTION for Preliminary Injunction 1, Certificate/Notice of Interested Parties
2: , Declaration (Motion related) 1,Declaration (Motion related) §. ,
Declaration (Motion related) 1, Order .2 Michael D. Planet served on
10/04/11. (Matteo-Boehm, Rachel) (Entered: 10/0612011)
10110/2011
.u.
EX PARTE APPLICA nON to Continue Hearing on Plaintiffs Motion for
Preliminary Injunction from November 7, 2011 to January 17, 2012 filed by
Defendant Michael Planet. (Attachments: # 1Exhibit, #.6 Proposed Order)
(Naeve, Robert) (Entered: 10110/2011)
1011112011
11
OPPOSITION to EX PARTE APPLICATION to Continue Hearing on
Plaintiff's Motion for Preliminary Injunction from November 7, 2011 to
January 17,201211 filed by Plaintiff Courthouse News Service. (Attachments:
# 1Proposed Order)(Matteo-Boehm,
Rachel) (Entered: 10/1112011)
1011112011
14
PROOF OF SERVICE Executed by Plaintiff Courthouse News Service, upon
Attorney General's Office on behalf of Plaintiff Michae 1 Planet, in his Official
Capacity as Court Executive OfficerlClerk of the Ventura County Superior
Court Michael Planet served on 9/2912011, answer due 1012012011. Service of
the Summons and Complaint were executed upon Yolanda Saganninaga in
compliance with Federal Rules of Civil Procedure by personal service.
Original Summons returned. (Matteo-Boehm, Rachel) (Entered: 1011112011)
1011 112011
15
PROOF OF SERVICE Executed by Plaintiff Courthouse News Service, upon
Defendant Michael Planet served on lO141201l, answer due 10125/201 L
Service of the Summons and Complaint were executed upon Michael Planet, in
his Official Capacity as Court Executive OfficerlClerk of the Ventura County
Superior Court in compliance with Federal Rules of Civil Procedure by
personal service. Original Summons returned. (Matteo-Boehm, Rachel)
(Entered: 1011112011)
1011112011
lQ
SUPPLEMENT to EX PARTE APPLICATION to Continue Hearing on
Plaintiffs Motion for Preliminary Injunction from November 7, 2011 to
January 17, 201211 Declaration of Erica L. Reilley filed by Defendant
Michael Planet. (Attachments: # 1Exhibit)(Naeve, Robert) (Entered:
10/11/2011)
10/12/2011
11
NOTICE of Change of Attorney Information for attorney Erica Lynn Reilley
counsel for Defendant Michael Planet. Adding Erica L. Reilley as attorney as
ORDER RE: NOTICE TO COUNSEL by Judge Manuel L. Real, (Pj) (Entered:
09/2912011)
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counsel of record for Defendant Michael Planet for the reason indicated in the
G-06 Notice. Filed by Defendant Michael Planet (Reilley, Erica) (Entered:
10/12/2011)
10/1312011
is
ORDER DENYING CONTINUANCE OF HEARING ON PLAlNTIFF'S
MOTION FOR PRELIMINARY INJUNCTION by Judge Manuel 1. Real:
denying 12 Ex Parte Application to Continue. (bp) (Entered: 10/1312011)
10114/2011
12
Joint STIPULA nON to Continue Hearing on Plaintiffs Motion for _
Preliminary Injunction from November 7, 2011 to November 21, 2011 Re:
MOTION for Preliminary Injunction 1
filed by Defendant Michael Planet.
(Attachments: # 1
Proposed Order CONTINUING HEARING ON
PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION FROM
NOVEMBER 7, 2011 TO NOVEMBER 21, 2011 )(Reilley, Erica) (Entered:
10/14/2011)
10/14/2011
20
ORDER by Judge Manuel 1. Real, re Stipulation to Continue, 12 Defendant's
Opposition to Plaintiff's motion for Preliminary Injunction 10/31/2011; Reply
on Motion for Preliminary Injunction 1117/2011; Motion set for hearing on
1112112011 at 10:00 AM before Judge Manuel 1. Real.) (Pj) (Entered:
10114120 II)
10120nOli
21
NOTICE OF MOTION AND MOTION to Dismiss Case and Abstain filed by
Defendant Michael Planet. Motion set for hearing on 11/2112011 at 10:00 AM
before Judge Manuel 1. Real, (Attaclunents: # 1 Notice, # 1Proposed Order)
(Reilley, Erica) (Entered: 10/20/2011)
10120/2011
22
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case and
Abstain 21 filed by Defendant Michael Planet (Attachments: # 1
Exhibit)
(Reilley, Erica) (Entered: 10/2012011)
10/25/2011
23
PROOF OF SERVICE OF SERVICE filed by plaintiff Courthouse News
Service, served on Order re Notice to CounseL (Matteo-Boehm, Rachel)
(Entered: 10/25/2011)
10/3112011
24
OPPOSITION to MOTION to Dismiss Case and Abstain 21 filed by Plaintiff
Courthouse News Service. (Attachments: # 1
Proposed Order)(Matteo-Boehm,
Rachel) (Entered: 10/3112011)
10/3112011
25
Opposition to Plaintiff's Motion for Preliminary Injunction Opposition re:
MOTION for Preliminary Injunction 1
filed by Defendant Michael Planet.
(Attachments: # 1 Declaration, # 1Declaration, # d Declaration, #
Declaration)(Reilley,
Erica) (Entered: 10/3112011)
.±
10/3112011
26
Objections to Evidence in opposition to re: MOTION for Preliminary
Injunction d filed by Defendant Michael Planet. (Attachments: # 1 Proposed
Order)(Reilley, Erica) (Entered: 10/3112011)
11107/2011
27
REPLY in Support of MOTION for Preliminary Injunction d filed by Plaintiff
Courthouse News Service. (Matteo-Boehm, Rachel) (Entered: 1110712011)
11107/2011
28
DECLARA nON of William Girdner in Support of MOTION for Preliminary
Injunction 1
(Supplemental) filed by Plaintiff Courthouse News Service.
(Matteo-Boehm, Rachel) (Entered: 11107/2011)
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11107/2011
29
DECLARATION of Julianna Krolak in Support of MOTION for Preliminary
Injunction J. (Supplemental) filed by Plaintiff Courthouse News Service.
(Matteo-Boehm, Rachel) (Entered: I 1107/2011)
11/07/2011
30
NOTICE OF LODGING filed re MOTION for Preliminary Injunction
(Attachments: # 1Proposed Order)(Matteo-Boehm, Rachel) (Entered:
11107/2011)
11107/2011
II RESPONSE filed by Plaintiff Courthouse News Serviceto
I
Objection/Opposition (Motion related) 26 (Matteo-Boehm, Rachel) (Entered:
11/07/2011)
11/07/2011
32
Objections in support re: MOTION for Preliminary Injunction J filed by
Plaintiff Courthouse News Service. (Attachments: # 1Proposed Order)
(Matteo-Boehm, Rachel) (Entered: 11107/2011)
11107/2011
33
REPLY in Support of MOTION to Dismiss Case and Abstain 21 filed by
Defendant Michael Planet. (Reilley, Erica) (Entered: 1110712011)
11/08/2011
34
NOTICE OF ERRATA filed by Defendant Michael Planet correcting Reply
(Motion related) 33, MOTION to Dismiss Case and Abstain 21 (Attachments:
#1
Supplement Corrected Reply In Support Of Motion to Dismiss and
Abstain)(Naeve, Robert) (Entered: 1110812011)
11/14/2011
35
OPPOSITION to MOTION for Preliminary Injunction J Defendant'S
Responses to Courthouse News Service's Objections to the Declarations of J
Camacho, C Kanatzar, R. Sherman, and K Dalton-Koch Submitted by
Defendant in Opposition to Courthouse News' Motion for Preliminary
Injunction filed by Defendant Michael Planet (Reilley, Erica) (Entered:
11/14/2011)
11117/2011
36
MINUTE ORDER IN CHAMBERS by Judge Manuel L. Real: re: MOTION
for Preliminary Injunction} and MOTION to Dismiss Case and Abstain 21
previously scheduled for November 21,2011 at 10:00 AM. is hereby
continued to NOVEMBER 28,2011 at 10:00 A.M. for hearing. IT IS SO
ORDERED. (lcti) (Entered: 11117/2011)
11128/2011
37
NOTICE OF LODGING filed re MOTION to Dismiss Case and Abstain 21
(Attachments: # 1Proposed Order)(Reilley, Erica) (Entered: 11128/2011)
11128/2011
39
MINUTES OF motion for preliminary injunction J and motion to dismiss and
to abstain 21 . Motion Hearing held before Judge Manuel L. Real: The Court
DENIES plaintiffs motion for preliminary injunction, and GRANTS
defendants motion to dismiss and to abstain, for reasons as stated on the record
Defendant shall submit a proposed order. Court Reporter: Theresa Lanza. (kti)
(Entered: 12/0112011)
11/30/2011
38
ORDER GRANTING DEFENDANTS MOTION TO DISMISS AND
ABSTAIN by Judge Manuel L. Real: 21 (MD J8-6. Case Terminated) (Pj)
(Entered: 11130/2011)
12115/2011
40
NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Courthouse News
Service. Appeal of Order on Motion to Dismiss Case 38 (Appeal fee FEE NOT
PAID.) (Attachments: # 1 Exhibit 1, # 6 Exhibit 2)(Matteo-Boehm, Rachel)
ER 126
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(Entered: 12115/2011)
1211512011
41
NOTIFICATION by Circuit Court of Appellate Docket Number 11-57187 9th
CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 40 as to
Plaintiff Courthouse News Service. (dmap) (Entered: 12/15/2011)
01/0312012
42
NOTICE of Change of Attorney Information for attorney Rachel E MatteoBoehm counsel for Plaintiff Courthouse News Service. Changing firm name to
Bryan Cave LLP. Filed by plaintiff Courthouse News Service (Matteo-Boehm,
Rachel) (Entered: 01103/2012)
Olf0312012
43
APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 40
as to Plaintiff Courthouse News Service; Receipt Number: LA0033328 in the
arnountof$455.
(dmap) (Entered: 01104/2012)
0110412012
44
TRANSCRIPT for proceedings held on Monday, 11-28-11; 10:59 AM. Court
Reporter Theresa Lanza, phone number www.theresalanza.com.
Transcript
may be viewed at the court public terminal or purchased through the Court
Reporter before the deadline for Release of Transcript Restriction. After that
date it may be obtained through PACER. Notice of Intent to Redact due within
7 days of this date. Redaction Request due 1125/2012. Redacted Transcript
Deadline set for 2/4/20 I 2. Release of Transcript Restriction set for 4/3/2012.
(Lanza, Theresa) (Entered: 01104/2012)
0110412012
45
NOTICE OF FILING TRANSCRIPT filed for proceedings
10:59 AM (Lanza, Theresa) (Entered: 01/0412012)
0110912012
46
TRANSCRIPT DESIGNA nON AND ORDERING FORM For Dates:
11/28/2011; Court Reporter: Theresa Lanza; Court of Appeals Case Number:
11·57187; Re: 40 (Matteo-Boehm, Rachel) (Entered: 0110912012)
0110912012
47
TRANSCRIPT ORDER for date of proceedings 11/28/2011 to 11128/2011 re:
Court of Appeal case number 11-57187, as to Plaintiff Courthouse News
Service Court Reporter Theresa Lanza. Civil Appeal, Court will contact Leila
Knox at leila.knox@bryancave.com
with any questions regarding this order.
Transcript portion requested: Other: 11128/2011 Hearing on Motion to
DismissfPreliminary
Injunction. Civil case appeal. (Matteo-Boehm, Rachel)
(Entered: 01/09/2012)
I
I
I
I
PACER Service Center
I
Monday, 11-28-11;
0511812012 10:29:35
IPA,?ER
Logm:
Transaction
IlbcOon
Descnp fien: IIDoCket
.
Report
Billable
Pages:
IDleost:
Receipt
I
IIClient Code: Sll15-00220-F .Pahn 016409
II~earcb
Criteria:
2: ll-cv-08083-R -MAN End
date: 5118/20 I 2
J
50
I
11°.
ER 127
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CERTIFICATE OF SERVICE
On May 29, 2012, I caused a copy to be served of the within document:
EXCERPT OF RECORD, VOLUMES I & II
by placing the document listed above in a sealed envelope with postage thereon
fully prepaid, in the United States, and mailed to the address as set forth below:
Robert A. Naeve, Esq.
maeve@jonesday.com
Erica L. Reilley, Esq.
elreilley@jonesday.com
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Attorneys for DefendantslRespondents
I certify that I am a member of the Bar of this Court at whose direction the
service was made. Executed this 29th day of May, 2012, at San Francisco,
California.
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