Courthouse News Service v. Michael Planet

Filing 35

Submitted (ECF) further excerpts of record. Submitted by Appellant Courthouse News Service. Date of service: 09/12/2012. [8511367] (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

APPELLANT COURTHOUSE NEWS SERVICE'S
FURTHER EXCERPTS OF RECORD
Roger Myers, Esq.
Rachel Matteo-Boehm, Esq.
David Greene, Esq.
Leila Knox, Esq.
BRYAN CAVE LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105-2994
Tel: [phone]
[e-mail]
Attorneys for Plaintiff-Appellant
COURTHOUSE NEWS SERVICE

#81391 vl saf

Description

C.D. Cal.
Docket #

Page #

Supplemental Declaration Of Julianna Krolak In
Support Of Plaintiff s Motion For Preliminary
Injunction

29

1

Supplemental Declaration Of William Girdner in
Support Of Plaintiff s Motion For Preliminary
Injunction

28

6

Defendant's Opposition To Plaintiffs Motion For
Preliminary Injunction

25

15

Memorandum Of Points And Authorities In
Support Of Defendant's Motion To Dismiss And
Abstain

21

45

Declaration Of Christopher Marshall In Support Of
Plaintiff s Motion For Preliminary Injunction

8

77

Declaration Of William Girdner In Support Of
Plaintiff s Motion For Preliminary Injunction

7

129

Declaration Of Julianna Krolak In Support Of
Plaintiff's Motion For Preliminary Injunction

6

287

1
1181391 vl saf

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Attorneys for Plaintiff

COURTHOUSE NEWS SERVICE
UNITED STATES DISTRICT COURT
CENTRAL DISTR1CT OF CALIFORNIA~
WESTERN DIVISION

12
13
Courthouse

CASE NO. eVI1-08083 R (MANx)

News Service,

15
Plaintiff,

16
v.

17

18
19

Page 1 of 5 Page ID #:695

Rachel Matteo-Boehm (SBN 195492)
[e-mail]
David Greene (SBN 160107)
[e-mail]
Leila C. Knox (SBN 245999)
[e-mail]
HOLME ROBERTS & OWEN LLP
560 Mission Street, Suite 250
San Francisco, CA 94105-2994
Telephone:
[phone]
Facsimile: [phone]

11

.14

Filed 11/07/11

Michael Planet, in his official capacity as
Court Executive Officer/Clerk of the
Ventura County Superior Court.

20
Defendant.

21

22

SUPPLEMENTAL DECLARATION
OF JULIANNA KROLAK IN
SUPPORT OF MOTION OF
COURTHOUSE NEWS SERVICE
FOR PRELIMINARY
Date:
Time:
Courtroom:
Judge: The

INJUNCTION

Nov. 21,2011
10:00 am
0-8 (2nd Floor)
Hon. Manuel L. Real

23
24
25
26
27

I, Julianna Krolak, declare and state as follows:

1.

I am a reporter for Courthouse News Service ("Courthouse

plaintiff in the above-captioned

action. I have personal knowledge

News"), the

of the following

facts and could testify to them if called as a witness.

28

SUPPLEMENTAL

DECLARATION

OF JULIANNA KROLAK

Case No. CV1I-08083R

(MANx)

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2.

-MAN

Document 29

Filed 11/07/11

Page 2 of 5 Page ID #:696

I have reviewed the October 31,2011, Declaration of Julie Camacho In

2

Support of Defendant's Opposition to Plaintiffs Motion for Preliminary Injunction.

3

Based on that review, it is my understanding that Ms. Camacho has reached different

4

conclusions regarding the delay between the date that a complaint is filed and the date

5

that it is made available for review than were set forth in my September 28,2011,

6

Declaration In Support of Courthouse News Service's Motion for Preliminary

7

Injunction.

8
9

3.

After reviewing Ms. Camacho's October 31 declaration, I stand by the

delays in access I observed as part of my August 8 through September 2, 2011,

10

tracking exercise and as set forth in my September 28 declaration. Based on my

11

personal experience visiting the Ventura County Superior Court ("Ventura Superior")

12

on a daily basis, and my practice of requesting complaints from media bin on a daily

13

basis, I can say definitively that Ms. Camacho's assertion that the vast majority of

14

civil unlimited jurisdiction complaints are available for review through the media bin

15

either on the day of filing or the next day is not accurate.

16

4.

As a preliminary matter, for the purposes of the tracking exercise

17

described in my September 28 declaration, I tracked the 152 complaints that I was

18

able to access and review during the August 8~September 2 time period (the "Tracking

19

Period"). In contrast, Ms. Camacho's assessment appears to be based on the 147

20

complaints that were filed during that period.

21

5.

During the Tracking Period, as to each civil unlimited jurisdiction

22

complaint that I reviewed, I took note of the first date that each complaint was

23

available from the media bin, or, if the complaint was never given to me from the

24

media bin, the first date that I could access a complaint that had apparently bypassed

25

the media bin and had been placed the shelves of the clerk's office. I based my

26

conclusions on what I actually experienced during my daily visits to Ventura Superior,

27

including my personal observations as to which complaints were retrieved by the

28

clerk's staff and then given to me from the media bin.
2
SUPPLEMENTAL

DECLARA nON OF JULIANN A KROLAK

Case No. CYII-08083R

(MANx)

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6.

-MAN Document 29

Filed 11/07111

Page 3 of 5 Page 10 #:697

In paragraphs 11-12 of Ms. Camacho's declaration, she indicates that the

2

complaint in City National Bank v. Star Marketing & Media Inc., Case No. 56-2011-

3

00401805, was available for review from the media bin on the same day it was filed,

4

and the complaint in Power Gomez v. LaCouture,

5

available for review from the media bin one calendar day after it was filed. Contrary

6

to what Ms. Camacho's records purport to show, those two complaints were not made

7

available for my review from the media bin or otherwise until two calendar days after

8

they were filed.

9

7.

Case No. 56-20 11-0040 1826~ was

Likewise, paragraph 22 of Ms. Camacho's declaration states that the

10

complaints in Estrada v. Rubio's Restaurant, Inc., Case No. 56-2010-00387332, and

II

Harrison

12

on the same day they were filed; and the complaint in Berber v. Holiday Retirement,

13

56-2010-00387945, was available from the media bin seven calendar days after it was

14

filed. Contrary to what Ms. Camacho's records purport to show, the complaint in the

15

Estrada case was not made available for review from the media bin or otherwise until

16

thirteen calendar days after it was filed; the complaint in the Harrison case was not

17

made available for review from the media bin or otherwise until nine calendar days

18

after it was filed; and the complaint in the Berber case was not made available for

19

review from the media bin or otherwise until eight calendar days after it was filed.

20

v. Rite Aid Corp., Case No. 56-2010-00387942, were sent to the media bin

8.

When a civil unlimited jurisdiction complaint is not available for review,

21

but there is docket information available online regarding a particular complaint

22

(usually available one calendar day after the complaint is filed), it is my practice to

23

include the parties' names and the cause of action based on the online docket

24

information in the new litigation report that is sent to Courthouse News' subscribers.

25

Because new civil unlimited jurisdiction complaints typically are not available for

26

review until several days after they are filed, new reports usually contain several

27

entries that are reported "from the docket"; I will then provide a full description of the

28

complaint at a later date when I am finally able to access the complaint itself.
3
SUPPLEMENTAL

DECLARATION

OF JULIANNA

KROLAK

Case No. CVll-08083R (MANx)

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Document 29

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On nwnerous occasions, subscribers have asked for more information

2

related to a particular complaint reported "from the docket." When this happens, I

3

will ask the clerk's staff to track down those complaints, which they have informed

4

me they do by looking up each complaint on the court's online case management

5

system, which I understand is part of the California Court Case Management System

6

("CCMS'}

7

clerk's staffhas told me that the system indicates that the complaint is in the media

8

bin. When I inform the clerk's staff that the complaint was not provided to me from

9

the media bin, they often will check the bin in an effort to locate the complaint. In all

On several occasions, upon looking up the complaint on CCMS, the

10

of these instances, the clerk's staff has never been able to fmd the complaints in the

11

media bin.

12

10.

Likewise, on several occasions, the clerk's staff has told me that the

13

computer system indicates that a particular complaint is located on the clerk's shelves,

14

but upon looking for the complaint on the shelves, the file is not there. For example,

15

on November 2,2011, I requested to see the complaint in Simon v. Lopez, Case No.

16

56-2011-00406107, filed November 1,201 L Upon looking up this complaint on

17

CCMS, the processing clerk who was assisting me, an individual named Joseph, said

18

that the system indicated that the complaint was on the clerk's shelves. However,

19

after looking for the complaint on the shelves, Joseph told me he could not find the

20

complaint there. I also observed that Joseph and another processing clerk also

21

checked the media bin for the complaint, but were not able to locate the complaint

22

there. In the end, I was not able to review this particular complaint until November 3,

23

201 L

24

11.

Since May of this year, I have observed that Ventura Superior has trained

25

at least three new processing clerks. From what I have been told by clerk's staff, the

26

civil unlimited jurisdiction complaints that are processed by new clerks typically must

27

be double-checked by a supervisor before they can be made available to members of

28

the press and public. In these situations, it can be as long as one week before a civil
4
SUPPLEMENTAL

DECLARATION

OF JULlANNA

KROLAK

Case No. CVII-08083R

(MANx)

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Case 2:11-cv-08083-R

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Flied 11/07/11

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unlimited jurisdiction complaint is made available for review. In fact, on several

2

occasions, I was told that the complaints that 1 sought to review were on the desk of a

3

supervisor who was gone for several days, and therefore I could not review those

4

particular complaints until after she returned.

5

12.

Finally, based on personal observation and statements by court staff, I

6

can say that all new complaints come into the court through a single room called the

7

"filings room," which is room number 210. The clerks who take in new civil

8

complaints filed across the counter, as well as the back counter and window 14 used

9

by messenger services, are all located in that one room. The drop-off box for

10

complaints is located immediately outside the door into the same filings

11

roOID.

I declare under penalty of perjury under the laws of the United States that the

12

foregoing is true and correct. Executed at Ventura, California on this ~day

13

of

November 2011.

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Case No. CV11.{)8083R (MANx)

SUPPLEMENTAL DECLARATION OF JULIANNA KROLAK
iI15441v2

oaf

- -_ .. -..---------.--------

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_------- _ ... -.. -_ .... _------

..

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Filed 11/07/11

Page 1 of 9 Page 10 #:686

1 Rachel Matteo-Boehm (SEN 195492)
2 [e-mail]
David Greene (SBN 160107)
3 [e-mail]
4 Leila C. Knox (SBN 245999)
[e-mail]
5 HOLJvlE ROBERTS & OWEN LLP
6 560 Mission Street) Suite 250
7 San Francisco, CA 94105-2994
Telephone: [phone]
8 Facsimile: [phone]
9
10

Attorneys for Plaintiff
COURTHOUSE NEWS SERVICE

11

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

12
13

14

CASE NO. CVIl-D8083 R (MANx)

Courthouse News Service,

15

v.

17
18
19

SUPPLEMENTAL DECLARATION
OF WILLIAM GIRDNER IN
SUPPORT OF MOTION OF
COURTHOUSE NEWS SERVICE
FOR PRELIl\flNARY INJUNCTION

Plaintiff,

16

Michael Planet, in his official capacity as
Court Executive Officer/Clerk of the
Ventura County Superior Court.

Date:
Time:
Courtroom:
Judge: The

20
Defendant.

21

Nov. 21, 2011
10:00 am
G-8 (2nd Floor)
Hon. Manuel L. Real

22 I------------------------------~
23
I, William Girdner, declare and state as follows:
24
I am the founder and editor of Courthouse News Service ("Courthouse
1.
25
26

News"), a nationwide legal news service and the plaintiff in the above-captioned

27

action. I have personal knowledge of the following facts and could testify to them if

28

called as a witness.

1
SUPPLEMENTAL

DECLARATION

OF WILLIAM GIRDNER

Case No. CVll-08083R (MANx)

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2.

Filed 11/07/11

Page 2 of9

Page JD#:687

As a preliminary matter, I understand that Defendant has claimed that

2

delays in access to newly filed civil unlimited jurisdiction complaints do not harm

3

Courthouse News or its subscribers. To the contrary, Courthouse News' subscribers

4

are quick to notice when newsworthy complaints are not reported in one of

5

Courthouse News' litigation reports, and they do not hesitate to contact Courthouse

6

News directly by phone regarding the lack of reporting on a particular complaint.

7

When access to new civil complaints is delayed, information on an important case

8

often comes to their attention through other channels - through the messengers that

9

file civil complaints, through the plaintiffs lawyer who can manipulate press coverage

10

by providing the complaint to a targeted audience, and through a court's online docket

11

(i. e., where the court posts online docket information before the corresponding case

12

can be seen by journalists). Courthouse News loses the confidence and goodwill of its

13

subscribers when they hear through these various channels about a civil unlimited

14

jurisdiction complaint that Courthouse News cannot report because it does not have

15

access to it. Subscribers, through telephone calls to me and others at Courthouse

16

News, express anger with Courthouse News' reports, mock Courthouse News'

17

newsgathering efforts, ask for explanations regarding the failure to report on new civil

18

complaints in a timely manner, and blame Courthouse News for the losses of

19

important clients they attribute to the delayed reports.

20

3.

Likewise, subscribers also complain about reports that, like the Ventura

21

Superior portion of the Central Coast Report. rely on docket coverage because the

22

complaints themselves are not made available until several days after the complaint is

23

filed. Directing members of the news media to online docket reports for information

24

regarding new civil complaints is becoming a worrisome trend in some

25

courts. Because of the meager content of reports that rely on docket information, law

26

firms then question the value of their subscriptions with Courthouse News. Recently,

27

a partner at a large California law finn emailed me to complain about such

28

reporting with respect to one problematic court that Courthouse News covers, and
2
SUPPLEMENTAL

DECLARA HON OF WILLIAM GIRDNER

Case No. CVII-08083R

(MANx)

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stated that such limited information was not much better than no information at all. I

2

was told by the partner that the law finn, which has been a subscriber to Courthouse

3

News for ten years, spends a significant amount oftime and effort tracking down civil

4

complaints from this particular court that are of interest given the lack of information

5

available in Courthouse News' report. Even then, the amount oftime that has passed

6

since the filing of the complaint usually means the newsworthiness of the complaint

7

has passed.

8

4.

I also understand that Defendant has pointed to Courthouse News' Report

9

Card detailing access to newly filed civil complaints filed at superior courts around

10

California, which was compiled at my direction, as an example of how there is no

11

tradition of access in California superior courts. To the contrary, there is a strong

12

tradition of access to newly filed civil unlimited jurisdiction complaints in California,

13

as indicated in the Report Card's detail of access at the Alameda, Los Angeles, San

14

Francisco, Riverside and Santa Clara superior courts. In addition to highlighting these

15

courts where the tradition of access remains strong. the Report Card was intended to

16

document the deterioration of access at other California superior courts that

17

Courthouse News has recently witnessed for the purpose of demonstrating the merits

18

of Senate Bill 326, for which Courthouse News was one of the co-sponsors.

19

5.

While I understand and do not dispute the budgetary restraints that

20

California's judicial system is facing overall, and that individual superior courts are

21

facing in particular, my personal experience as editor of Courthouse News over the

22

last twenty-one years has been that providing access to case-initiating documents does

23

not require the expenditure of large sums of money or additional staffing. If anything,

24

the cost of providing same-day access to newly filed civil complaints is nominal, as I

25

have personally observed time and again. My personal observation is that where

26

delays in access occur, it is not because of budgetary constraints, but most frequently

27

because the clerk's staff does not allow the press or public access to newly filed civil

28
3
SUPPLEMENTAL DECLARATION OF WlLLlAM GIRDNER
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unlimited jurisdiction complaints until after a range of tasks associated with

2

processing those complaints has been completed.

3

6.

By way of example as to how budget constraints are not a limiting factor

4

in providing same-day access to newly filed complaints, in late 1999, I attempted to

5

work with defendant Michael Planet, who was at that time the court administrator for

6

the King County Superior Court in Seattle, on providing same-day access to newly

7

filed complaints filed in that court. At the time, Washington courts were facing

8

budget shortfalls, and I was informed by Mr. Planet that providing same-day access to

9

the press was a low priority, particularly in light of these constraints. It was only after

10

Courthouse News obtained counsel and wrote to the presiding judge and I met with

11

the presiding judge that court officials agreed to allow reporters to see the new actions

12

on the day they were filed.

13

7.

When same-day access was granted in King County Superior Court, the

14

procedure consisted of allowing the Courthouse News' reporter to walk behind the

15

sixth-floor intake counter to a cleared counter space roughly two feet long, An intake

16

clerk would then walk ten to fifteen feet to bring a basket with new civil complaints

17

from the intake counter to that work space. No further effort was required by the staff.

18

The expenditure of staff time and court money can be and often is as simple as

19

opening a door, or allowing the press to open the door. As demonstrated at the King

20

County Superior Court, at the most, providing press access might require a court

21

employee to walk documents to a review area, a task that Courthouse News

22

consistently volunteers to undertake itself and in fact performs in many courts across

23

the country. As I have seen in courts around the country, providing the news media

24

with prompt access to new civil complaints does not require a court to spend its

25

limited funds or hire extra personnel. Indeed, it is my personal observation that citing

26

budget shortfalls as a reason to deny same-day access to new civil complaints is a red

27

herring.

28

4
SUPPLEMENTAL

DECLARATION

OF WILLIAM

GlRDNER

Case No. CVll·08083R

(MANx)

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The claim that e-filing is a necessary component to providing prompt

2

access to newly filed civil unlimited jurisdiction complaints fails to correspond to any

3

reality that I have personally observed. No superior court in California mandates e-

4

filing for all civil cases. Yet Courthouse News has excellent, same-day access in a

5

host ofCalifomia superior courts where paper filing is the norm. Access to e-filed

6

civil complaints depends on the same factors as access to paper-filed complaints, that

7

is the willingness of court officials to allow news reporters to see complaints before all

8

official processing tasks are accomplished. For example, the one superior court in

9

California that mandates e-filing for an important and news-generating class of

10

unlimited civil cases is Orange County Superior Court C'Orange Superior"), where

11

complex commercial cases must be e-filed. The delay in access to those e-filed

12

complaints is actualJy longer on average than the access to paper filed complaints. We

13

have been told by the court's staff that the delay is the result of "QC" or quality

14

control, which means that a clerk checks over the e-filed complaint before allowing

15

the press to see it. In my experience, e-filing is simply another means of delivering a

16

document to a court and in itself has nothing to do with access.

17

9.

Orange Superior, which, like Ventura Superior, now uses the California

18

Court Case Management System ("CCMS"), also provides a good example of how not

19

only e-filing, but other electronic technologies, have led to recent delays in access in

20

some courts where there has been a tradition of same-day access. Consistent same-

21

day access to new civil complaints also used to be the rule at Orange Superior, which

22

Courthouse News has been covering for most of its 21-year history. Under Orange

23

Superior's past procedures, near the end of each court day, a box with new complaints

24

was delivered from the intake area to the records area so that reporters could review

25

the complaints and, once that review was completed, return the box to the records

26

staff. The Los Angeles Times, the Orange County Register, and the Daily Journal a11

27

checked the new filings regularly, as did Courthouse News. Approximately ten years

28

ago, however, the clerk's office informed the press that they would no longer be
5
SUPPLEMENTAL

DECLARATION

OF WILLIAM GIRDNER

Case No. CVI1-08083R

(MANx)

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provided with access to new civil complaints on a same day basis; instead, new filings

2

would be made available the day after filing. Complaints continued to be provided in

3

a box, but they were no longer provided on a same-day basis. At some point later, the

4

court started scanning cases, and media access deteriorated even further, with the

5

review of the new complaints fa1ling even further behind. Finally, in July 2009, the

6

clerk's office did away with the box altogether and the media's exclusive means of

7

reviewing new complaints was through the court's computer terminals. In May 2010,

8

the court began offering e-filing for all civil cases, with e-filing being mandatory for

9

complex cases.

10

10,

As it stands, newly-filed unlimited civil complaints at Orange Superior

11

are rarely made available for review on the day they are filed, Most are not made

12

available until one court day after filing, a problematic delay in and of itself that is

13

exacerbated when the delays occur over a weekend or holiday (or both), resulting in

14

actual delays that are even longer. In addition, a significant minority of new unlimited

15

civil complaints are delayed by two or more court days, with e-filed complex

16

complaints taking longer on average to be made available for review than paper-filed

17

complaints,

18

technologies have resulted in worse, and not improved, access to newly filed civil

19

unlimited jurisdiction complaints. To my knowledge, Orange Superior is the only

20

California superior court that has e-filing capabilities for all civil case types,

21

Overall, the efforts on Orange Superior's part to utilize electronic

11.

The switch to e-filing at Nevada's Eighth Judicial District Court in Las

22

Vegas is another example of how e-filing is not a cure-all for delays. Priorto

23

switching to e-filing in February 2010, Courthouse News' reporter had same-day

24

access to paper- filed complaints, regardless of whether the complaints had been fully

25

processed.

26

civil complaints, the court initially did not provide same-day access to complaints

27

because of a procedural step that required the clerk's staff to electronically "accept" a

28

new complaint after it had been filed, which resulted in new complaints not appearing

Following the switch to mandatory e-filing, which included e-filing of

6
SUPPLEMENTAL

DECLARATION

OF WILLIAM GIRDNER

Case No. CVll·08083R (MANx)

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on the court's public access terminals until the next day. After Courthouse News

2

brought this issue to the attention of court officials, the court found a solution through

3

an electronic "in-box" through which reporters can essentially see exactly what

4

staffers in the clerk's office see as new complaints are electronically filed throughout

5

the day.

6

12.

In contrast, many of the California superior courts that do not have e-

7

filing programs at all, or only have e-filing programs for limited case types, are still

8

able to provide same-day access to all newly filed civil unlimited jurisdiction

9

complaints. For example, at the San Francisco County Superior Court ("San

10

Francisco Superior"), where I understand that aU court filings, except for those that

11

involve asbestos litigation, are hand-filed, complaints filed on a particular day,

12

including those that are accompanied by fee-waiver applications, are placed in a

13

media box between 3 and 4:30 p.m. and made available to news reporters for review

14

that same day in the intake and records area.

15

13.

The fee-waiver applications themselves are separated from the complaint

16

and are not provided to the reporter. Courthouse News' reporters covering the

17

superior courts in the counties of Los Angeles and Alameda also see civil complaints

18

that are accompanied by fee waiver applications on the same day of filing (again, the

19

applications themselves are not provided to Courthouse News' reporters). In the

20

superior courts for the counties of Contra Costa, Santa Clara and Riverside,

21

Courthouse News' reporters are able to see the large majority of civil unlimited

22

jurisdiction complaints on the same day they are filed, without any distinction as to

23

those civil complaints that may have been accompanied by fee waiver applications.

24

Again, all ofthese courts are hand-filing courts.

25

14.

Major courts around the country that are also primarily hand-filing courts

26

also are able to provide same-day access to case-initiating documents, in particular the

27

Fulton County Superior Court in Atlanta; the Jefferson County District Court in

28

Beaumont, Texas; the Kings County Supreme Court in Brooklyn; the Cook County
7
SUPPLEMENTAL
1/75580

DECLARATION

OF WILLIAM GIRDNER

Case No. CVII-08083R(MANx)

v~.of

FER12

se 2:11-cv-08083-R

-MAN

Document 28

Filed 11/07/11

Page 8 of 9

Page lD #:693

1

Circuit Court in Chicago; the Hamilton County Court of Common Pleas in Cincinnati;

2

the Cuyahoga County Court of Common Pleas in Cleveland; the Dallas County

3

District Court; the Wayne County Circuit Court in Detroit; the Tarrant County District

4

Court in Ft. Worth, Texas; the Harris County Civil District Court in Houston; the

5

Marion County Circuit and Superior courts in Indianapolis;

6

Circuit Court in Louisville,

7

the Milwaukee

8

Davidson County Chancery

9

Nashville; the Oklahoma

the Jefferson County

Kentucky; the New York Supreme Court in Manhattan;

County Court the Hennepin County District Court in Minneapolis;

the

Court in Nashville; the Davidson County Circuit Court in

County Court in Oklahoma City; the Douglas County

10

District Court in Omaha; the Ninth Judicial Circuit Court in Orlando; the Maricopa

11

County Superior Court in Phoenix; the Allegheny County Court of Common Pleas in

12

Pittsburgh; the MuItnomah

13

Circuit Court in Missouri; the Ramsey County District Court in

14

County Superior Court in Seattle; and the Hillsborough

15

Tampa.

16

15.

Additionally,

County Court in Portland, Oregon; the St. Louis City

case-initiating

st. Paul;

the King

County Circuit Court in

documents are required to be hand-filed at

17

the U.S. District Courts for both the Northern District and Central District of

18

California.

19

paper copies of newly filed civil complaints.

In both of these districts, reporters are provided with same-day access to

In my experience,

20

16.

21

complaints

on a same-day

22

complaints,

with one exception.

23

Courthouse

News' reporter reviews new filings at a desk next to the clerk who takes

24

the checks from the complaints.

25

new civil complaints

26

elsewhere,

and regardless

27

17.

In requesting

28

and in all the courts where I have reviewed new

basis, Courthouse News does not see checks on civil
Thatexception

was the Orleans Parish Court, where

Courthouse News does not see checks attached to

in any of the other courts that it covers, either in California or
of whether it is a state or federal court.
access for the press, it has been my experience that clerk's

office officials who do not "Wishto grant such access will emphasize and sometimes

8
SUPPLEMENTAL

DECLARATION

OF WILLIAM GIRDNER

Case No. CVll-08083R

(MANx)

~1S5BO"loaf

FER13

Case 2:11-cv-Oa083-R

-MAN

Document 28

Filed 11/07/11

Page 9 of 9 Page ID #:694

1 overstate the complexity of their operations, as though press access would disrupt a
2

finely tuned machine of constantly moving parts. In fact. most new complaints funnel

3

into a courthouse through a single room. which is the case in Ventura. When a

4

reporter is physically in that same room, it is my experience that it becomes a

5

relatively simply matter for the court to either gather the complaints together for press

6

review

7

that review. In my direct observation, the new cases are not constantly in a state of

8

motion and processing but are in fact stationary for hours at a time, waiting for

9

another part of the official process to take place. Many courts have different windows

Of

allow the reporter to fetch the cases him or herself in order to accomplish

10

where cases can by filed, and a separate window or delivery method to favor

11

messenger services. But as long as the funnel into the court is through a single room,

12

or choke point, the new actions can be reviewed by the press in that same room on the

13

day they are

14

day of filing, before

15

other departments in the court.

l6

filed. Indeed. the new complaints are best reviewed in that room on the
they have started on their various and sometimes separate paths to

I declare under penalty of perjury under the laws of the United States that the

17

foregoing is true and correct, Executed at Pasadena, California on this ~day

18

of

November 2011.

19

20
William Girdner

21

22
23
24

25
26
27
28
9
SUPPLEMENTAL DECLA.RATION OF WIllIAM

GIRDNER

Case No. CV 1 J -08083R (MAN x)

I17SSSOv.21l1f

FER14

Case

1
2
3

4
5
6

7
8
9

:11-cv-08083-R

-MAN

Document 25

Filed 10/31/11

Page 1 of 30

Page 10 #:502

Robert A. Naeve (State Bar No. 106095)
[e-mail]
Erica L. Reilley (State Bar No. 211615)
[e-mail]
JONES DAY

3161 Michelson Drive, Suite 800
Irvine, California 92612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
MICHAEL PLANET, IN HIS OFFICIAL
CAPACITY AS COURT EXECUTIVE
OFFICER/CLERK OF TIffi VENTURA
COUNTY SUPERIOR COURT

10
UNITED STATES DISTRICT COURT

11

CENTRAL DISTRICT OF CALIFORNIA

12
13
14

COURTHOUSE NEWS SERVICE,

15
16
17
18
19
20
21

Plaintiff,

Case No. CVI1-08083 R (MANx)
Assigned for all purposes to
Hon. Manuel L. Real

v.
MICHAEL PLANET, IN HIS
OFFICIAL CAPACITY AS COURT
EXECUTIVE OFFICER/CLERK OF
THE VENTURA COUNTY
SUPERIOR COURT,
Defendant.

DEFENDANT'S OPPOSITION
TO PLAINTIFF'S
MOTION FOR
PRELIMINARY
INJUNCTION

Date:
Time:
Courtroom:

November 21, 2011
10:00 a.m.

s

22
23

24
25
26

27
28
_ i_Case

Deft's Opp. to PIPs Mot. for Prelim. Inj.
No. CV 11-08083 R (MANx)

FER15

Case

:11-cv-08083-R

-MAN

Document 25

1

Filed 10/31111

Page 2 of30

Page ID #:503

TABLE OF CONTENTS

2

Page

3

IN"1RODUCTION

1

4

STATE1v1ENTOF FACTS

2

5

A. Ventura Superior Court Clerks Must Process By Hand More Than
150,000 New Filings Per Year

2

8

B. The State's Budget Crisis Affects Ventura Superior Court's Ability
To Process Newly Filed Unlimited Civil Complaints

3

9

1. A Four-Year Hiring Freeze Prevents Hiring Of New CPAs

3

2. The Superior Court Reduced Public Hours And Established A
"Drop Box" For Late-In-The Day Filings

4

3. New Complaints Can Only Be "Received" For Later Processing
By New Filings Desk CPAs

4

C. Despite These Constraints, Newly Filed Unlimited Civil Complaints
Typically Are Available The Day After Receipt

5

D. eNS Cannot Honestly Claim There Is A "Longstanding Tradition"
Of "Same-Day Access" To Newly Filed Complaints
,

5

E. Starting In About November 2010, CNS Demanded "Same-Day
Access" To Newly Filed Unlimited Civil Complaints

7

6
7

10
11

12
13

14
15
16

17
18
19

ARGUMENT

9.

20
21
22
23

I.

eNS FAILS TO SATISFY ANY OF THE FOUR FACTORS THAT
MIGlIT OTHERWISE JUSTIFY TIIE "DISFAVORED"
PRELIMINARY INJUNCTIVE RELIEF IT SEEKS

24

A. CNS's Requested Mandatory Injunction Is "Disfavored" And
Subject To Even Stricter Scrutiny

25

B. CNS Cannot Succeed On The Merits

26
27
28

,., 9
9
12

L CNS Does Not Have a Right to "Same-Day Access."

12

2. CNS Has Only A Right To Reasonable Access, Which eNS
Already Receives

15

- I-

Deft's Opp. to Plf's Mot. for Prelim. Inj.
CaseNo. CV 11-08083 R(MANx)

FER16

Case

:11-cv-08083-R

-MAN

1

Page 3 of 30

Page 10 #:504

Page

3

C. CNS Cannot Demonstrate
Less Irreparable Harm

4
5

A "Real And Concrete" Harm, Much

16

1. CNS Cannot Avail Itself Of Any Presumed Harm Derived
Under Inapposite Freedom Of Expression Cases

7
8

16

2.

6

18

CNS's Alleged Loss Of Goodwill Is Hypothetical,

At Best..

D. No Clear Showing That The Balance Of Equities Tips In Favor Of

eNS

9

18

E. CNS's Requested Injunction Will Not Serve The Public Interest;
Anything, It Will Harm It

10

11

13

Filed 10/31/11

TABLE OF CONTENTS
(continued)

2

12

Document 25

II.

UNDER ANY CIRCUMSTANCE,

A BOND IS REQUIRED

CONCLUSION

If
20
22
23

14
15

16
17
18
19
20

21
22

23
24
25
26

27
28
_ii -

Deft's Opp. to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER17

Case :11-cv-08083-R -MAN Document25

1

Filed 10/31/11

Page4of30

TABLE OF AUTHORITIES

2

3
4
5
6
7

8
9
10

Page ID#:505

Page
CASES

Alliance for the Wild Rockies v. Cottrell,
632 F.3d 1127 (9th Cir. 2011)
·

15

Associated Press v. US. Dist. ct.,
705 F.2d 1143 (9th Cir. 1983)

15

Carroll v. President & Com'rs of Princess Anne,
393 U.S. 175 (1968)

16

Chicago Council of Lawyers v. Bauer,
522 F .2d 242 (7th Cir. 1975)

14

11
12
13
14
15
16
17
18
19
20

21
22
23
24
25
26
27

Courthouse News Service v. Jackson,
No. H-09-1844, 2009 WL 2163609 1

" 13, 23

Dahl v. HEM Pharms. Corp.,
7 F.3d 1399 (9th Cir. 1993)

10

Dep 't of Parks & Rec. v. Bazaar Del Mundo, Inc.,
448 F 3d 1118 (9th Cir. 2006)

11

Doctor John's, Inc. v. City of Sioux City,
305 F. Supp. 2d 1022 (N.D. Iowa 2004)

22

Dominion Video Satellite, Inc. v. Echostar Satellite Corp.,
356 F.3d 1256 (10th CiT. 2004)

18

Elrod v. Burns.
427 U.S. 347 (1976)

16

Estate a/Hearst,
67 Cal. App. 3d 777 (1977)

14

Globe Newspaper Co. v. Super. ci.,
457 U.S. 596 (1982)

16

Globe v. Newspaper Co. v. Pokaski,
868 F.2d 497 (1st Cir. 1989)

14

28
_iii _

Deft's Opp. to Plf's Mot. for Prelim.lnj.
Case No. CV 11-08083 R (MANx)

FER18

Case

:11-cv-08083-R

-MAN Document 25

1

4

5
6
7

Page 5 of 30 Page ID #:506

TABLE OF AUTHORITIES
(continued)

2
3

Filed 10/31/11

Page
Grove Fresh Distribs., Inc. v. Everfresh Juice Co.,
24 F.3d 893 (7th Cir. 1994)

14

Hoechst Diafoil Co. v. Nan Ya Plastics Corp.,
174F.3d411 (4thCir. 1999)

22

Houchins v. KQED, Inc.,
438 U.S. 1 (1978)

17

In re Charlotte Observer,
882 F.2d 850 (4th Cir. 1989)

14

In re Marriage of Burkle,
135 Cal. App. 4th 1045,37 Cal. Rptr. 3d 805 (2006).;

12

In re NVIDIA Corp.,
2008 WL 1859067 (N.D. Cal. 2008)

12

Jacobsen v, Us. Postal Service,
812 F.2d 1151 (9th Cir. 1987)

17

Jorgensen v. Cassiday,
320 F.3d 906 (9th Cir. 2003)

22

Kamakana v. City & Cnty. of Honolulu,
447 F.3d 1172 (9th Cir. 2006)

12

Klein v. City of San Clemente,
584 F.3d 1196 (9th Cit. 2009)

20

8

9
10
11

12
13

14
15
16
17
18
19
20
21
22
23
24
25
26

27
28

Los Angeles Memorial Coliseum Commission v. National Football League,
634 F.2d 1197 (9th Cir. 1980)

16, 18

Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co.,
571 F.3d 873 (9th Cir. 2009)

10

Mastrovincenzo v. City a/New York,
435 F.3d 78 (2d Cir. 2006)

10

Mazurek v. Armstrong,
520 U.S. 968 (1997)

9
_ iv _

Deft's Opp. to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (11ANx)

FER19

Case

1

2
3
4
5
6

7

:11wcv~08083wR -MAN

Document 25

Flied 10/31/11

Page 6 of 30

Page 10 #:507

TABLE OF AUTHORITIES
(continued)
Page
Nebraska Press Ass 'n v. Stuart,
427 U.S. 539.96 S. Ct. 2791,49 L. Ed. 2d 683 (1976)

14

New York Civil Liberties Union v. New York City Transit Auth.,
652 F.3d 247 (2d Cir. 2011)

12

New York Times Co. v. US.,
403 U.S. 713 (1971)

16

Nixon v. Warner Communications, Inc.,
435 U.S. 589, 98 S. Ct. 130655 L. Ed. 2d 570 (1978)

20

Phoenix Newspapers, Inc. v. Us. Dist. Ct.,
156 F.3d 940 (9th Cir. 1998)

15

Press-Enterprise Co. v. Superior Court,
478 US 1, 106 S. Ct. 2735, 92 L. Ed. 2d 1 (1986)

12

8
9
10
11
12
13
14
15
16
17
18

Richmond Newspapers, Inc. v. Virginia,
448 U.S. 555, 100 S. Ct. 2814.65 L. Ed. 2d 973 (1980)

12, 16

SHA.R.K. v. Metro Parks Serving Summit County,
499 F.3d 553 (6th Cir. 2007)

17

Sammartano v, First Judicial Dist. Ct. , In and For Cnty. of Carson City,
303 F.3d 959 (9th Cir. 2002)

20

Save Our Sonoran, Inc. v. Flowers,
408 F .3d 1113 (9th Cir. 2005)

22

Southeastern Promotions, Ltd. v. Conrad,
420 U.S. 546 (1975)

10

Stanley v. Univ. of Southern California,
13 F3d 1313 (9th Cir. 1994)

10

Tanner Motor Livery, Ltd. v. Avis, Inc.,
316 F.2d 804 (9th Cir. 1963)

11

Tradition Club Assocs., LLC v. Tradition Golf Club,
No. EDCV 08-1581, 2008 WL 5352927 (C.D. Cal. Dec. 18,2008)

22

19
20
21
22
23
24
25

26
27

28

_V-

Deft's Opp. to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER20

Case

:11-cv-08083-R

-MAN

Document 25

Filed 10/31/11

Page 7 of 30

1

TABLE OF AUTHORITIES

2

Page 10 #:508

(continued)

3

4
5
6
7

Page
United States v. Brooklier,
685 F.2d 1162 (9th Cir. 1982)

15

United States v. Edwards,
823 F .2d 111 (5th Cir. 1987)

14

United States v. Simone,
14 F.3d 833 (3d Cir. 1994)

14, 15

8
9

10
11
12
13
14
15
16
17

Vassiliades v. Israely,
714 F. Supp. 604 (D. Conn. 1989)

13

Westmoreland v. Columbia Broadcasting Sys., Inc.,
752 F.2d 16 (2d Cir. 1984)

17

Whiteland Woods, L.P. v, Township a/West Whiteland,
193 F.3d 177 (3rd Cir. 1999)

17

Winter v. Nat 'I Res. De! Council,
555 U.S. 7 (2008)

9, 19

Wood v. Georgia,
370 U.S. 375 (1962)

18

STATUTES

19

Cal. Gov't Code § 68150(1)

20

17

RULES

21

16

Fed. Rule Civ. Proe. 65

22

22
23

24
25
26
27
28
- Vl-

Deft's Opp, to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (l\1f\.Nx)

FER21

Ca e 2:11-cv-08083-R

1

-MAN

Document 25

Filed 10/31/11

Page 8 of 30 Page 10 #:509

INTRODUCTION

2

Plaintiff Courthouse News Service ("CNS") seeks an immediate mandatory

3

injunction against Michael D. Planet, in his official capacity as Executive Officer

4

and Clerk ofthe Superior Court of California, County of Ventura (the "Ventura

5

Superior Court"). CNS contends it has a constitutional or conunon law right to

6

"same-day access" to all newly filed unlimited civil complaints, and that Ventura

7

Superior Court must change its current procedures-which

8

provide reasonable access, as the law requires, and actually provides same- or next-

9

day access in the majority of instances-to

10

do everything possible to

guarantee "same-day access." CNS's

requested injunction is fundamentally flawed in several respects, and must be denied.

11

First, as detailed in Ventura Superior Court's Motion to Dismiss (filed

12

October 20, 2011), CNS's requested injunction would require thisfederal court to

13

involve itself in the administration of the state's judicial system, which runs afoul of

14

settled principles of federalism, comity, and institutional competence, and which

15

urges this Court to exercise its discretion to abstain from the case entirely.

16

Second, CNS requests a "disfavored" mandatory injunction insofar as it seeks

17

to compel Ventura Superior Court to take an affirmative action-that

is, to guarantee

18

"same-day access" to all new unlimited civil complaints. This type of injunction is

19

subj ect to heightened scrutiny that eNS cannot survive given that it cannot survive

20

even ordinary scrutiny for issuance of a preliminary injunction.

21

Third. as just alluded to, CNS cannot make the requisite clear showing on any

22

of the four factors it must establish. It cannot prevail on the merits because it cannot

23

establish a constitutional or common law right to "same-day access;" it cannot

24

establish irreparable harm because any alleged harm cannot be presumed as a matter

25

of law and is not sufficiently "real and concrete;" it cannot show the equities tip in its

26

favor because the harm to Ventura Superior Court is grave compared to CNS's

27

isolated and legally unsupportable complaints; and issuing the type of injunction

28

CNS requests actually would harm the public interest. The Motion must be denied.
_1_

Deft's Opp. to Plfs Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER22

Ca e 2:11-cv-08083-R -MAN Document 25

STATEMENT

1
2
3
4

Filed 10/31/11

A.

Page 9 of 30 Page ID #:510

OF FACTS

Ventura Su erior Court Clerks Must Process B Hand More Tha
.150,000 New Filings Per Year.

As explained in the Declaration of Cheryl Kanatzar (filed concurrently

5

herewith, ("Kanatzar Decl.t'j), who is one of the Deputy Executive Officers of

6

Ventura Superior Court, the court receives and processes more than 150,000 separate

7

filings each year. (Kanatzar Decl. , 5.) The Civil Department employs 14 Court

8

Processing Assistants ("CP As") and one supervisor to process all these filings. (Id.-,r

9

6.) Assuming there are 260 court days-which

is far too forgiving, as that number

10

only takes into account weekends, and not court holidays, mandatory closure days,

11

staffvacation days, and the like-that

12

equates to more than 575 filings each day.

None of these l50,OOO-plusdocuments can be filed electronically. Unlike

13

federal courts, which have long since adopted PACER, or state courts that have

14

electronic filing capabilities, all filings in Ventura must be processed by hand.

15

Ms. Kanatzar puts it this way in paragraph 4 of her Declaration:

16

17
18

19
20
21

22
23
24

Ventura Superior Court maintains only standard physical
files for all actions pending in the County of Ventura.
Litigants must physically file paper copies of their
documents. They can do so either by depositing them with
CPAs in our Civil Department as described elsewhere in
this Declaration, or by faxing or emailing their documents
to our fax-filing desk CPA, who must then generate paper
documents for our files. Therefore, unlike the clerk's
office in federal and other electronic filing courts, the
clerk's office in the Ventura Superior Court is burdened by
the substantial additional administrative task imposed by
the need to process by hand every document filed with the
court.

25

Hence, at least this much is certain of the court's current operations:

26

First, each of the court's CPAs carries a very heavy workload to begin with.

27

SeconcL it is incredibly misleading to suggest that the court's CPAs need "only"

28

process "fewer than eight complaints per court day." (Mot. at 6.) The truth is that
_2 _

Deft's Opp. to PIf's Mot for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER23

ase 2:11-cv-08083-R -MAN

Document 25 Filed 10/31/11 Page
#:511

10 of 30

Page 10

1

the court's CPAs handle hundreds ofjilings each day, many of which (including ex

2

parte applications and motions of various types) demand more immediate attention

3

than ''new complaint files [which] remain essentially inactive for approximately 65

4

days, until the summons and complaint are served, and the defendant(s) answer or

5

take some other action." (Kanatzar Decl. ~ 17.) And third, eNS compares apples

6

with oranges by suggesting that Ventura Superior Court should be ordered to

7

guarantee "same-day access" to new complaints because the federal courts and other

8

courts identified in its survey that accept electronic filings have the ability to do so.

9

(Compl, ~~ 11, 13; Marshall Decl. ~~ 4-6; Girdner Decl. ~~ 13-16 .)

10
11
12

B.

The State's Bud et Crisis Affects Ventura Su erior Court's Abilit
To Process Newly Filed Unlimited Civil Complaints.

The responsibilities borne by each CPA have and will continue to become

13

even heavier. Over the last three years, Ventura Superior Court's budget has been

14

cut by more than $13 million, which has resulted in a growing deficit between its

15

revenue and expenses. (Declaration of Robert Sherman in Support of Defendant's

16

Opposition to Plaintiff s Motion for Preliminary Injunction, filed concurrently

17

herewith ("Shennan Decl.")

18

has reached $5.9 million; next fiscal year, the deficit is expected to exceed $12

19

million. (Id. Ijf~ 12-13.)

20
21

1.

1f 3.)

This fiscal year, Ventura Superior Court's deficit

A Four-Year Hiring Freeze Prevents Hiring Of New CPAs.

These increasing budgetary shortfalls have required a four-year-running hiring

22

freeze and increased mandatory furlough days; as a result, Ventura Superior Court's

23

administrative vacancy rate has more than doubled-from

24

(Kanatzar Dec1. ~ 11; Sherman Decl. ~ 5.)· Moreover, at least eight ofthose

25

vacancies are for positions within the civil processing unit and records departments,

26

thereby directly implicating the resources available to process filings such as those

27

that CNS seeks guaranteed "same-day access" to here. (Kanatzar Decl. ~ 11.)

22 in 2008, to 48 in 2011.

28
_3 _

Deft's Opp. to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER24

ase 2:11-cv-08083-R

1

2.

2

Document 25 Filed 10/31/11
#:512

reduced its public business hours from a closing time of 5 :00 p.m. back to 4:00 p.m.

-,r 12.)

(Id.

6

earlier, at 3 :00 p.m. (Shennan

8
9
10
11
12

Page 10

The Superior Court Reduced Public Hours And Established
A "Drop Box" For Late-In-The Day Filings.

5

7

Page 11 of 30

To further mitigate the impact of budgetary shortfalls, Ventura Superior Court

3
4

-MAN

And effective January 1,2012, the clerk's office will close another hour
Decl. ~ 7.) To accommodate

this change, Ventura

Superior Court installed a secure drop box in which filings of all types could be
received.

(Kanatzar Decl.

-,r

13.) That drop box is checked twice per day--once

at

4:30 p.m. to check how many documents it contains, and once at 5 :00 p.m. to
retrieve all the documents and take them inside for processing.
deposited in the drop box are stamped "received"

(Id.) All documents

on the back of the first page of the

filing, and are deemed filed on that date. (Id.)

3.

13

New Complaints

Can Only Be "Received"

For Later

Processing By New Filings Desk CP As.

14

15
16
17
18
19
20
21
22
23
24
25
26

As an additional mitigating measure, Ventura Superior Court changed the
procedure

by which it accepts new complaints

new complaints

for filing. Prior to June 2010, most

were received by the clerk's office at the public filing windows, and

CPAs were immediately

responsible

for fully processing

and opening new files. (Id.

~ 14.) This practice of creating new files upon receipt of complaints
window became increasingly

unworkable

due to the small number of open clerk

windows and the reduced number ofCPAs

available to staff them. (Jd.)

Ventura Superior Court therefore implemented
new complaints

could only be "dropped

by back-counter

CPAs. (Id.

~-,r

at the filing

a change requiring that most

off" at the filing windows to be processed

15-16.) This change allowed the Civil Department's

limited staff to deal with other customers waiting in line at the civil filing windows)
and to handle ex parte applications

and other time-sensitive

matters.

(Id. ~ 17.)

27

28
_4 _

Deft's Opp. to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER25

ase2:11-cv-08083-R

1

C.

2
3
4
5
6
7

8
9

10
11
12
13

14
15
16
17
18
19

-MAN Document25 Filed10/31/11
#:513

Page 12 of 30 PagelD

Despite These Constraints, Newly Filed Unlimited Civil Complaints
Typically Are Available The Day Atler Receipt.

CNS complains that during the period from August 8, 2011, through
September 2, 2011, it was permitted same-day or next-day access in only a very
small percentage of the 152 new unlimited civil complaints Ms. Krolak reviewed.
(Compl. ~ 29.) These figures conflict in every way with what the actual data shows.
There were 147 total new unlimited civil complaints filed during the time
period at issue. (Declaration of Julie Camacho in Support of Defendant's Opposition
to Plaintiff's Motion for Preliminary Injunction, filed concurrently herewith
["Camacho Decl."] ~ 15.) Forty-seven (47) of those new complaints were received,
processed and placed in the media bin all on the same day-i.e.,

"same-day access."

(Id. ~ 16.) Fifty-four (54) of those new complaints were received on one day and
processed and placed in the media bin the next day-i.e.,

next-day access. (Id ~ 17.)

And 18 of those new complaints were processed and placed in the media bin within
two days of receipt. (Id. ~ 18.) Thus, a full 77% of new complaints were accessible
within two days after receipt, with the bulk of them available the same- or next-day.
Of the remainder, at least 17 new complaints (or another 11%) needed to be
assigned to ajudicial officer immediately. (Id. -,r 19.) Another seven did not get
placed in the media bin due to an inadvertent clerical error. (Id. ~ 20.) The balance

20

of new complaints that had delayed access-only

21

that can be explained. (Id. -,r 21.)1

22

D.

a handful-all

had unusual delays

eNS Cannot Honestly Claim There Is A "Longstanding

Tradition"

Of "Same-Day Access" To Newly Filed Complaints.

23
24
25

CNS claims the First Amendment guarantees a right of "same-day access" to
newly filed civil complaints because of an allegedly "longstanding tradition for both

26

27

28

I Similarly, in a February 7, 2011 letter to Ventura Superior Court eNS points
to four cases demonstrating access "nowhere near same-day." (Marshall Decl., Ex.
4.) CNS's claims again conflict with the actual data. (Camacho Decl. ~-,r 22-23.)

_5 _

Deft's Opp. to PIt's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (lMANx)

FER26

ase2:11-cv-08083-R

-MAN Document25 Filed 10/31/11
#:514

Page130f30

PagelD

1

state and federal courts to provide reporters who visit the court every day with access

2

to new complaints

3

Whatever

at the end of the day on which they are filed."
else may be said of that alleged "tradition,"

4

argument

in two of its most recent public pronouncements.

5

eNS published

6

(Compl.

'if

4.)

CNS contradicts its own

Access To Newly Filed Civil Complaints:"

its "Report Card Summary-Superior

First, in February 2011,

Court of the State of Californi

7
8

....'"
!'I~~t

9

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to

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.

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13

e

s,.~ILIo~Iq~~("""

14

15
16

17
18
19
20

21
22
23

(Declaration

of Karen Dalton-Koch

for Preliminary

Injunction,

Submitted in Opposition to Plaintiff's

filed concurrently

herewith ("Dalton-Koch

Motion

Decl.")

Ex. A.) CNS gave "As" to 5 courts that maintain electronic files (Alameda, Los
Angeles, Riverside,

Santa Clara) or that are considerably

staff (San Francisco, Los Angeles).
courts failed to provide "same-day
Second, in sponsoring

24

larger and have greater

However. CNS reported that the remaining
access."

12

(Ibid.)

SB 326--see Defendant's

Motion to Dismiss at 8-9-

CNS claimed to have "directly experienced the deterioration

of timely access to the

25
civil court record.';

(Deft's Req. for Judicial Notice In Support of Mot. to Dismiss,

26
27
28

Ex. Bat B9.) Indeed, it appears that CNS supported SB 326 precisely because there
is no historical right to "same-day

access" to newly filed complaints
_6 _

in California.

Deft's Opp ..to PIf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER27

ase 2:11-cv-08083-R -MAN Document 25 Filed 10/31/11
#:515

E.

1

5
6
7
8
9
10

only "dropped off' complaints,

13
14
15
16
17
18
19
20
21
22
23
24
25

26
27

its change for processing

eNS changed its business model by deciding to visit

Ventura Superior Court on a daily, rather than the once- or twice-weekly
(CompI., ~~ 22,25.)
demanding

InNovember 2010, eNS's

"same-day

basis.

reporter, Juliana Krolak, started

access" to newly filed unlimited civil complaints.

(Id. ~ 25.)

From about February 2011 through March 2011, Ventura Superior Court staff
communicated

with CNS on several occasions to try and reach a compromise

CNS's demands.

procedures

Ventura Superior Court reprioritized

by which newly filed complaints

(ld. ~~22-27.)

public.

on

(Kanatzar Decl. ~~ 19-20,22-27.)

As a result of those exchanges,

11
12

Civil Complaints.

Shortly after Ventura Superior Court implemented

3
4

In About November 2010 eNS Demanded "Same-Da

Startin

Access" To Newly Filed Unlimited

2

Page 14 of 30 Page 10

priority" to processing

Specifically,

are processed

the

and made available to the

the procedure was changed to give "the highest

new civil unlimited complaints,

so that they could be filed

and placed in the media bin with a general two-day turnaround.

(Jd. ~~ 27-28.)

To

further facilitate this change, Ventura Superior Court even obtained this past August
an exception from the court-wide hiring freeze to create a second new filings desk
and to staff it with a CPA whose first priority is to identify and process newly filed
unlimited civil complaints.

(fd. ~ 29.)

But CNS still remains unsatisfied.
why "same-day

access"--certainly

There are, however,

a laudable goal--cannot

a number of reasons
be guaranteed in every

instance:

•

Unpredictable

"drop off." New complaints

can be "dropped off' in a

number of different ways. and may not get picked up for processing

until the end of

the day; Ventura Superior Court has no control over the timing by which these new
complaints

are dropped and therefore cannot guarantee "same-day

under even the best of circumstances.

access" to them

CId. ~ 31.)

28
_7 _

Deft's Opp. to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER28

ase 2:11-cv-08083-R

-MAN

Document 25

Filed 10/31/11

Page 15 of 30 Page ID

#:516

1

•

Immediate judicial action. Certain new complaints must be assigned to

2

judicial officers immediately upon receipt, and may remain in chambers for one or

3

more days (or even weeks) as the judicial officer evaluates whether any additional

4

action needs to be taken. (Id. ~ 33.) These new complaints are placed in the media

5

bin upon release from chambers, but Ventura Superior Court cannot guarantee

6

"same-day access" prior to that point. (Id.)

7

•

Quality control. When new CPAs begins working in the clerk's office,

8

it is not uncommon for them to process incomplete complaints that should be

9

rejected; to enter crucial case data improperly that would impair CCMS from

10

properly tracking and assigning the case; and to enter contact information for

11

attorneys improperly. (Id. -,r 34.) To maintain the public's trust in its system and

12

filings, Ventura Superior Court subjects to a quality control review any new files

13

processed by new CPAs. (Id.) This review must occur before the file is sent to

14

media bin so that errors may be corrected and resubmitted. (fd.) This process can

15

take several days and is another reason why Ventura Superior Court cannot

16

guarantee "same-day access" to those complaints.

17

eNS claims that guaranteeing "same-day access" is as "simple as opening a

18

door" or permitting CNS to "go behind the counter" to review "dropped-off'

19

complaints that have not yet been processed. (Girdner Decl. -,r 22.) As Ventura

20

Superior Court has tried to explain to eNS, this is not a workable solution. First,

21

Ventura Superior Court's security procedures were tightened considerably after a

22

shooting incident several years ago at the Employment Development Department in

23

Oxnard. (Kanatzar Decl, -,r 36.) Ventura Superior Court's current policies prohibit

24

members of the general public from accessing processing desks where new civil

25

unlimited complaints are maintained prior to processing. (Id.) Second, Ventura

26

Superior Court cannot allow CNS or other members ofthe public to review new

27

unlimited civil complaints until they are filed to ensure proper respect for the privacy

28

of its litigants. (Id. -,r 37.) It would be entirely inappropriate to permit CNS access to
_8 _

Deft's Opp. to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER29

ase 2:11-cv-08083-R -MAN Document 25 Filed 10/31/11
#:517

Page 16 of 30 Page 10

1

fee waiver requests or other documents=-which typically accompany new filings-

2

containing such confidential information. (Jd.) Third, permitting eNS access behind

3

the counter would violate Ventura Superior Court's accounting protocols, which

4

impose strict cash handling and audit procedures. (Id. -,r 38.)

5

Beyond all this, though, Ventura Superior Court fully complies with its legal

6

obligation to provide "reasonable access" to "court records," and overwhelmingly

7

that access is in fact provided on a same-day or next-day basis.

8
9
10
11
12
13

14
15

16
17

18
19
20
21

22

ARGUMENT
I.

CNS FAILS TO SATISFY ANY OF THE FOUR FACTORS THAT
MIGHT OTHERWISE JUSTIFY THE "DISFAVORED"
PRELIMINARY INJUNCTIVE RELIEF IT SEEKS.
"[A] preliminary injunction is an extraordinary and drastic remedy, one that

should not be granted unless the movant, by a clear showing, carries the burden of
persuasion." Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (emphasis in original;
citation omitted). In Winter v. Nat'i Res. De! Council, 555 U.S. 7,20 (2008), the
United States Supreme Court affirmed that a plaintiff seeking a preliminary
injunction must make a clear showing of all four following factors: (1) that it is
likely to succeed on the merits, (2) that it is likely to suffer irreparable harm in the
absence of preliminary relief, (3) that the balance of equities tips in its favor, and (4)
that an injunction is in the public interest.
For the reasons discussed below, CNS cannot satisfy a single factor, much less
all four. And this outcome only is bolstered by the stricter scrutiny that must guide
this Court's consideration ofCNS's requested mandatory injunction.

23
24

25
26

27

A.

CNS's Re uested Mandato
In'unction
Subject To Even Stricter Scrutiny.

Is "Disfavored"

And

To avoid the more stringent scrutiny applied to disfavored mandatory
injunctions, eNS constructs an argument that, because the alleged "policy" sought to
be enjoined restricts First Amendment rights, eNS's requested injunction is

28
_9 ~

Deft's Opp. to PIPs Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER30

ase 2:11-cv-08083-R

-MAN

Document 25 Filed 10131111 Page 17 of 30 Page 10
#:518

1

presumed to preserve the status quo, and therefore is prohibitory

2

than mandatory.

3

F.3d 1313, 1320 (9th Cir. 1994) (a "mandatory"

4

maintaining

5

quotations

6

(9th Cir. 1993) (stating that mandatory preliminary

7

heightened

8

the moving party").

9

in nature, rather

(Mot. at 7 & n.4.) Cf Stanley v. Univ. a/Southern California, 13
injunction "goes well beyond simpl

the status quo pendente lite [and] is particularly

disfavored")

(internal

and citations omitted); Dahl v. HEM Pharms. Corp., 7 F.3d 1399, 1403
injunctions

are "subject to a

scrutiny and should not be issued unless the facts and law clearly favor

First, eNS's

CNS's construction

must fail.

position assumes too much. There is no First Amendment

(See infra Section I.B.l.) Thus, even if there was a

10

to "same-day

11

"presumption"

12

a person is free to exercise their rights (there is nor'), eNS cannot invoke it here.

13

access."

right

in First Amendment

Second, eNS mischaracterizes

cases that the status quo is the condition in which

the nature of its requested relief. "Whereas a

injunction prohibits a party from taking action, "[a] mandatory

14

prohibitory

15

injunction

16'

Mucos Pharma GmbH & Co., 571 F.3d 873,879-80

17

mandatory

18

infringing drug where record failed to establish harm) (internal quotation omitted).

19

Here, CNS tries to cleverly articulate its injunction as one "prohibiting him [Mr.

20

Planet] ... from continuing his policies resulting in delayed access to new unlimited

21

'jurisdiction

orders a responsible

party to 'take action."

Marlyn Nutraceuticals, Inc. v.
(9th Cir. 2009) (vacating

injunction requiring defendant to take affirmative steps to recall

civil complaints."

(Compl, Prayer ~ 1 (emphasis added).)

But Ventura

22

Superior Court is providing access to newly filed unlimited civil complaints as

23

quickly as possible given the resources available and the competing

24

accurate processing

25

2 And CNS' s cited cases do not establish
otherwise. See Southeastern
Promotions, Ltd v. Conrad 420 U.S. 546, 562 (1975) (denying plaintiff's

26
27
28

oflitigants'

documents.

concerns over

What CNS really wants is an injunction

application to use municipal venue based on content of "speech' actually changed
status guo of venue Kenerallx being publicly available); Mastrovincenzo v. City of
New York, 435 F.3d 78,90 (2d Cir. 2006) (recognizing that proper label can be
somewhat ambiguous because injunction commands usually can be phrased in either
prohibitory or mandatory terms).
_ 10 _

Deft's Opp. to Plf's Mot. for Prelim. Inj,
Case No. CV 11-08083 R (MANx)

FER31

ase 2:11-cv-08083-R

-MAN

Document 25 Filed 10/31/11
#:519

Page 18 of 30

Page 10

1

that makes Ventura Superior Court provide that access/aster.

2

faster requires an affirmative act. To be sure, if Ventura Superior Court simply

3

"stopped" what it was doing now, nothing would get processed and access would be

4

indefinitely delayed. CNS's requested injunction would require Ventura Superior

5

Court to "take action"-it

6

Doing something

is a mandatory injunction subject to heightened scrutiny.

Third, the mandatory nature of CNS's requested injunction only is

7

underscored by the fact that it does not seek to preserve the status quo, but instead

8

meaningfully alters it. "Status quo" is defmed as the last uncontested status that

9

preceded the pending controversy. See Dep

't

of Parks & Rec. v. Bazaar Del Mundo,

10

Inc., 448 F.3d 1118, 1124 (9th Cit. 2006) (citing GoTo.Com, Inc. v. Walt Disney Co.,

11

202 F.3d 1199, 1210 (9th Cir. 2000»). Thus, ifCNS sought to preserve the status

12

quo, it would seek an injunction that would order Ventura Superior Court to not

13

change its current processes in a way that might negatively impact eNS's access to

14

newly filed unlimited civil complaints. That is not what CNS seeks. It wants a

15

preliminary injunction guaranteeing "same-day access"-now.

16

Fourth, CNS's requested injunction also would award it with all the relief to

17

which it claims it is entitled after a full trial on the merits, which is itself disfavored:

18

"[I]t is not usually proper to grant the moving party the full relief to which he might

19

be entitled if successful at the conclusion of a trial. This is particularly true where

20

the relief afforded, rather than preserving the status quo, completely changes it."

21

Tanner Motor Livery, Ltd. v. Avis, Inc., 316 F.2d 804, 808-09 (9th Cir. 1963).

22

eNS's requested injunction would require all the same changes to Ventura Superior

23

Court's internal operations and processing procedures-and

24

its budget and already-stretched resources-as

25

judgment on the merits. And Ventura Superior Court's ability to resume its prior

26'

operations following CNS's defeat on the merits only would cost the court more.

27

all the same strains on

would be required from an (unlikely)

eNS's requested injunction is disfavored and subject to heightened scrutiny.

28
_ 11 _

Deft's Opp, to Plfs Mot. for Prelim.lnj.
Case No. CV 11-08083 R (MANx)

FER32

ase 2:11-cv-08083-R -MAN

1

B.

2
3

Document 25 Filed 10/31/11
#:520

Page 19 of 30 Page 10

CNS Cannot Succeed On The Merits.
CNS Does Not Have a Right to "Same-Day Access."

1.

For all the same reasons that eNS fails to even state a claim as a matter of law

4

(see Deft's Mot. to Dismiss at 18-23}-that

5

federal common law right to "same-day access" to court records-CNS

6

succeed on such claim as well.

7

is, because there is no constitutional

eNS does not cite a single, published decision establishing

or

is unlikely to

a right of "same-

8

day access" to court records.

9

U.S. 555, 579-81, 100 S. Ct. 2814, 65 L. Ed. 2d 973 (1980), the Supreme Court first

Indeed, in Richmond Newspapers,

10

held that the First Amendment

11

right of access to criminal court proceedings.

12

extended to civil filings.

13

Transit Auth., 652 F.3d 247,250-51

14

CaL App. 4th 1045, 1052-53, 1060-62,37

15

Inc. v. Virginia, 448

afforded the press and public an affirmative,

qualified

That qualified right has since been

See, e.g., New York Civil Liberties

Union v. New York City

(2d Cir. 2011); In re Marriage of Burkle, 135
Cal. Rptr. 3d 805 (2006).

In determining whether such a right exists, the Court identified two related

16

criteria, which it later termed "considerations

17

the place and process have historically

18

(i.e., "experience");

19

the functioning

20

Co. v. Superior Court, 478 US 1,8, 106 S. Ct. 2735, 92 L. Ed. 2d 1 (1986) (Press-

21

Enterprise

22

been open to the press and general public

and (2) whether public access plays a significant positive role in

of the particular process in question (i.e., "logic").

Press-Enterprise

II). eNS cannot satisfy either criteria ..

"Experience" fails to demonstrate a right to "same-day
access."

a.

23
24

of experience and logic:" (1) whether

For the "experience"

inquiry, CNS's purports to establish "a longstanding

25

tradition"

26

concerning the public's

27

records.

28

Cir. 2006); In re NVIDIA Corp., Case No. C 06--06110 SBA, 2008 WL 1859067

of "same-day

See Kamakana

access" to new complaints,

by citing a handful of decisions

access rights in the context of motions to seal or unseal

v. City & Cnty. of Honolulu, 447 F 3d 1172, 1178-80 (9th

_ 12 _

* 1,

Deft's Opp. to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER33

ase 2:11-cv-08083-R -MAN Document 25 Filed 10/31/11
#:521

Page 20 of 30 Page ID

1

**2-4 (N.D. Cal. 2008); Vassiliades v. Israely, 714 F. Supp. 604,606 (D. Conn.

2

1989). Although those courts acknowledged a general right of access to those

3

records (a point Ventura Superior Court does not dispute), those courts in no way

4

addressed whether such access must occur the same day the documents are filed.

5

CNS next resorts to an unpublished Texas decision where eNS successfully

6

obtained the kind of preliminary injunctive relief it seeks here. Courthouse News

7

Service v. Jackson, No. H-09-1844, 2009 WL 2163609 1, **2-5,38 Media L. Rep.

8

1890 (S.D. Tex. July 20, 2009). Yet, for the same reasons discussed here, the

9

reasoning of that decision lacks rational support: None of the authority on which that

10

district court relied actually held-c-or even considered whether-a

11

right to "same-day access" of newly filed civil complaints exists. At most, the

12

court's discussion of a First Amendment right of access confirms general principles

13

of reasonable access in criminal and civil cases. See id. at **3-4.

14

First Amendment

CNS lastly attempts to construct a "tradition" of "same-day access" to court

15

records from a sampling of courts that extend to it the courtesy of providing "same-

16

day access" to new complaints. (Mot. at 2-4; Girdner Decl. Ex. 3.) CNS identifies

17

courts in only 23 of the 50 states where it is allegedly provided "same-day access" to

18

new civil complaints. (Girdner Decl. Ex. 3.) And within California, CNS alleges the

19

courtesy of "same-day access" at only seven of approximately 532 court locations

20

within California's 58 counties.' (Id at 23,25,27,29-31.)

21

Card Summary" only underscores the lack of any such "tradition." (Dalton-Koch

22

Decl., Ex. A.) There simply is no "tradition" of "same-day access" in California.

23

h.

Indeed, CNS's "Report

24

"Logic" fails to demonstrate a right to "same-da
access."

25

Nor does the "logic" component of the First Amendment analysis recognize a

26

right of "same-day access" to court records. CNS suggests that local court

27

considerations-including

28

and priorities of other court business-must

budget constraints, court caseloads, personnel capacities,

_13 _

bow to the "newsworthiness" of newly
Deft's Opp. to PIf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R(MANx)

FER34

ase 2:11-cv-08083-R

Document 25 Filed 10/31/11
#:522

-MAN

Page 21 of 30 Page 10

1

filed unlimited civil complaints

in the short window between when they are received

2

by the court for processing

3

contemporaneous

4

news reports, even in the criminal context.

5

119 (5th Cir. 1987) ("The value served by the first amendment right of access is in

6

its guarantee of a public watch to guard against arbitrary, overreaching,

7

corrupt action by participants

8

an impropriety,

9

when such news is not reported contemporaneously

and then filed. (Mot. at 15-16.) But the lack of

news reporting does not itself diminish the significance

of the

United States v. Edwards, 823 F.2d 111,

in judicial proceedings.

or even

Any serious indication of such

WOUld,we believe, receive significant exposure in the media, even

10

even where the Supreme Court historically

11

been no recognized right of "same-day

with the suspect event. "). Thus,

has been the most protective, there has

access" to such records.

12

eNS attempts derive "logic" supporting a "same-day access" right from its

13

claim that any delay in access to public records is the functional equivalent of an

14

outright denial of access to those records.

15

all inapposite--it

16

proceedings,"

not at issue here, or has nothing to do with the public right of access

17

whatsoever.'

Indeed, in United States v. Simone, 14 F.3d 833, 842 (3d Cir. 1994),

18

where the Third Circuit rejected the later release of a transcript as a permissible

19

3 See Grove Fresh Distribs., Inc. v. Everfresh Juice Co., 24 F.3d 893, 895, 897
(7th Cir. 1994) (considering journalists' motion to intervene to vacate seal of entire
court file and to modify 'protective order); Globe v. Newspaper Co. v. Pokaski, 868
F.2d 497,502-07 (1st Clf. 1989) (challenging state sealing statute automatically
sealing records of cases ending III acquittal or a finding of no probable cause); Estate
a/Hearst, 67 Cal. App. 3d 777, 784-86 (1977) (considering propriety of probate
court order vacating prior sealing order).
4 See United States v. Simone, 14 F .3d 833,842
(3d Cir. 1994) (holding release
of transcript following exclusion of news media from criminal proceedings
inadequate substitute given right of access to attend judicial proceedings); In re
Charlotte Observer, R82 F.2d-S50, 852-56 (4th Cir. 1989) (holding unconstitutional
trial court's hearing closure for change of venue determination).
5 See Nebraska Press Ass 'n v. Stuart, 427 U.S. 539, 556-61, 96 S. Ct. 2791, 49
L. Ed. 2d 683 (1976) (considering whether order restraining media from publishing
or broadcasting accounts of confessions or admission made by the accused
constituted impermissible prior restraint on speech); Chicago Council of Lawyers v.
Bauer, 522 F.2d 242,247-30 (7th Cir. 1975) (analyzing whether restrictions on
speech amounted to a prior restraint).

20
21
22
23
24
25
26
27
28

(Mot. at 14-16.) But CNS's authority is

involves either blanket restrictions

-14 _

on access to records' or

Deft's Opp, to Plf's Mot. for Prelim. lnj.
CeseNo. CV 1l~08083 R(MANx)

FER35

ase 2:11-cv-08083-R

-MAN Document 25 Filed 10/31/11
#:523

Page 22 of 30 Page ID

1

substitute for the media'S right to be present at a judicial hearing, the court

2

nevertheless stated,

3

and the release of the transcript had very little effect on the value of the information

4

as news." (Emphasis added.) Thus, neither Simone nor any other ofCNS's cases

5

establish a constitutional or common law right to "same-day access.?"

6

2.

7
8
9

"Iwl» do not

doubt that the ten day interval between the hearing

eNS Has Only A Right To Reasonable Access, Which eNS
Already Receives.

Starting from the flawed premise that it has a right to "same-day access" to
begin with, eNS seeks to impose a "stringent three-part test" that Ventura Superior

10

Court must satisfy to "overcome" that "right.'; (Mot, at 16-17 (relying on United

11

States v. Brooklier, 685 F.2d 1162, 1168-69 (9th CiT. 1982) and its progeny).)

12

CNS's entire analysis is inapposite.

13

As discussed, there is no right to "same-day access," and none of the

14

additional cases cited by eNS that invoke this three-part test suggest otherwise.

15

They all concern instances where courts have made specific orders directed at a

16

particular hearing, transcript or filing for the purpose of sealing the record or closing

17

off access to the public--entirely

18

us. Dist.

19

conducted during jury deliberations in a criminal trial); Associated Press v. Us. Dist.

20

Ct., 705 F.2d 1143 (9th Cir. 1983) (order requiring filings in a particular criminal

21

case to be filed in camera with 48-hour window for objections prior to sealing

22

determination); United States v. Brooklier, 685 F.2d 1162 (9th Cir. 1982) (orders

23

closing various hearings and refusing release of in camera proceedings prior to close

24

of criminal trial).

or indefinitely. See Phoenix Newspapers, Inc. v.

Ct., 156 F.3d 940 (9th Cir. 1998) (order sealing transcripts of hearings

25
26
27
28

6 eNS's alternative reliance on the "serious questions" standard for injunctive
relief fares no better than its claim of likely success. There are no serious questions
on this issue, and eNS still cannot satisfy the other three factors. See Alliance for
the Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cit. 2011).

_ 15 _

Deft's Opp. to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R(MANx)

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Page 23 of 30

Page 10

1

Neither situation is implicated here. Ventura Superior Court's "policy" of

2

processing new complaints prior to making them available to the public does not

3

target any particular case or subject matter, or withhold documents from any

4

particular group; it does not delay access for a set period of time, if at all. In fact, its

5

"policy" is to process all new complaints as promptly as its resources will allow, and

6

to give the public access immediately thereafter. And overwhelmingly that "policy"

7

provides reasonable access, or next-day access, if not "same-day access." (See

8

Camacho Decl. tjftjf 4-22.)

9

This is all the law requires. Cal. Gov't Code § 68150(l)~ see also CaL Rs. Ct.

10

2.500(a), 2.503(a); Richmond Newspapers, Inc., 448 U.S. at 581 n.18

11

(acknowledging "reasonable limitations" may be placed on public's access to

12

criminal trial); Globe Newspaper Co. v. Super. Ct., 457 U.S. 596,607 n.17 (1982).

13
14
15

C.

CNS Cannot Demonstrate A "Real And Concrete" Harm Much
Less Irreparable Harm.

To obtain the mandatory injunctive relief it seeks, CNS must demonstrate

16

irreparable harm that is not just hypothesized, but is "real and concrete." Los

17

Angeles Memorial Coliseum Commission v. National Football League, 634 F.2d

18

1197, 1201-1202 (9th Cir. 1980). CNS cannot meet that burden.

19
20
21

1.

CNS Cannot Avail Itself Of Any Presumed Harm Derived
Under Inapposite Freedom Of Expression Cases.

eNS relies on a host of inapposite authorities for the unsupportable

22

proposition that any delay in access to newly filed unlimited civil complaints

23

constitutes irreparable harm. All the cases cited by eNS, however, involve harm

24

caused by restraint on the freedom of expression or speech, not restraint on access to

25

court records. See, e.g., Elrod v. Bums, 427 U.S. 347.357 (1976) (freedom of belief

26

and association);

27

press); Carroll v. President & Com'rs of Princess Anne, 393 U.S. 175 (1968) ("The

28

elimination of prior restraint was a 'leading purpose' in the adoption ofthe First

New York Times Co. v. Us., 403 U.S. 713, 717 (1971) (freedom of

_ 16 _

Deft's Opp, to Plf's Mot. for Prelim. Inj,
Case No. CV 11·08083 R (MANx)

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Document 25 Filed 10/31/11
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Page 24 of 30

Page ID

1

Amendment."); Wood v. Georgia, 370 U.S. 375,376 (1962) (freedom to publish

2

"thoughts and opinions"); Jacobsen v. Us. Postal Service, 812 F .2d 1151, 1154 (9th

3

Cir. 1987) (involving vendor's freedom to sell newspapers in public forum).

4

There is an important distinction between freedom of expression cases and

5

those involving access to information; both of them are rooted in First Amendment

6

principles, but they have developed along distinctly different lines. See Houchins v.

7

KQED, Inc., 438 U.S. 1,9-10 (1978) (distinguishing right to access information

8

cases from First Amendment cases where courts are "concerned with the freedom of

9

the media to communicate information once it is obtained"). Thus, although eNS

10

attempts to conflate the two, the United States Supreme Court has made clear that

11

they are not intrinsically linked:

12

There are few restrictions on action which could not be
clothed by ingenious argument in the garb of decreased
data flow. For example, the prohibition of unauthorized
entry into the White House diminishes the citizen's
opportunities to gather information he might find relevant
to his opinion of the way the country is being run, but that
does not make entry into the White House a First
Amendment right. The right to speak and publish does not

13
14
15

16
17
18
19
20
21

carry with it the unrestrained

right to gather information.

ld. at 12 (internal quotations omitted and emphasis added); see also SHA.R.K. v.
Metro Parks Serving Summit County, 499 F.3d 553, 559-560 (6th Cir. 2007).

For this reason, CNS's reliance on the "precious First Amendment right of
freedom of press" in Jacobsen (Mot. at 22) to demonstrate irreparable harm here-

22

23
24
25
26
27
28

which concerns, at most, the right to "gather information'v=is misplaced. Whiteland
Woods, L.P. v. Township of West Whiteland,

193 F.3d 177, 183 (3rd Cir. 1999)

(stating forum analysis inapplicable to resolve restrictions on right of access);
Westmoreland

v, Columbia Broadcasting

Sys., Inc., 752 F.2d 16,21-22 (2d Cir.

1984) (calling forum analysis "inapposite" to access to courtroom cases); see also
Houchins,

438 U.S. at 10 (holding news organizations hold no greater "access to
~17 _

Deft's Opp. to Plf's Mot. for Prelim. Inj,
Case No. CV 11~08083 R (MANx)

FER38

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government

2

not support recognition

3

presumption

4

Page 25 of 30 Page 10

existent right.

5
6

7
8
9
10
11
12
13
14

15
16
17
18
19
20
21

22
23
24
25

information

Document 25 Filed 10/31/11
#:526

eNS's

28

violation of that non-

CNS's Alleged Loss Of Goodwill Is Hypothetical, At Best.

effort to demonstrate

Amendment

irreparable

harm "as a matter of law because the

bars [CNS] from seeking monetary damages" for its alleged

loss of goodwill (Mot. at 22) fares no better.

The inability to recover money

damages does not alone establish irreparable

harm. See Los Angeles Memorial

Coliseum Comm 'n, 634 F .2d at 1202 (reversing injunction where proponent failed to
establish both irreparable
demonstrate

harm and inadequacy

of legal remedies).

CNS still must

that its alleged injury to goodwill is concrete and real. It has not done

so; in fact, its own pleadings

demonstrate

(See Mot. at 22 ("Prolonged

delays in access will diminish the value of its reports to

its subscribers,

that such harm is hypothetical,

at best.

leading to a loss of goodwill.") (emphasis added); see also Compl. ~

39; Girdner Deci. ~ 28.)
CNS does not allege or attest that any subscriber actually has questioned

the

value of its reports; it does not allege or attest that it has actually lost any
subscribers;

it also does not allege or attest that it has lost out on an opportunity

timely report an event. eNS's
fail to demonstrate

theoretical

to

and conclusory claims ofloss to goodwill

a real and concrete harm, much less an irreparable

one. See

Dominion Video Satellite, Inc. v. Echostar Satellite Corp., 356 F.3d 1256, 1264 (lOt
Cir. 2004) (reversing issuance of preliminary

injunction where requesting party

failed to establish irreparable harm solely by alleging breach of contract).

D.

26
27

The cases do

access" to court records, much less a

of a right to "same-day

of irreparable harm resulting from a purportedly

2.

Eleventh

beyond that open to the public generally").

No Clear Showin That The Balance Of E uities Ti s In Favor 0
eNS.

eNS purports to show that the balance of equities tips in its favor by making
the incredible

claim that Ventura Superior Court "will suffer no injury."

_ 18 _

(Mot. at

Deft's Opp. to Plfs Mot. for Prelim. Inj,
Case No. CV L1-08083 R (MANx)

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1

23.) Nothing could be farther from the truth. As a matter of finance, Ventura

2

Superior Court cannot gather additional resources to address CNS's concerns-there

3

simply is no money available. (Shennan Decl. ~~ 12-15.) In fact, the budgetary

4

shortfall anticipated for the next fiscal year is so great that even depletion of every

5

last penny of Ventura Superior Court's reserve fund ($4.3 million), combined with

6

use of every last penny of the only other local funding source ($2.7 million), will still

7

leave a shortfall of$5.2 million. (Id. ~ 14.) As a result, Ventura Superior Court will

8

have no choice but to cut additional staff resources or further reduce court hours (id.

9

~ 15)--either of which only will be exacerbated by an order requiring it to provide

10
11

"same-day access" to every unlimited civil complaint.
As practical matter, Ventura Superior Court cannot, even with unlimited

12

resources, guarantee "same-day access." As described above, the timing of

13

"dropped" filings, the need for immediate assignment to judicial officers, and the

14

need to ensure quality control over the processing of new complaints all make it

15

impossible to guarantee "same-day access." (Kanatzar Decl. ~~ 31-34.) eNS's

16

suggestion that its reporters simply could be let "behind the counter" likewise is

17

unworkable. It puts court staff in an increased security risk, it violates the

18

confidentiality of litigants' privacy interests, and it violates the strict accounting

19

protocols to which Ventura Superior Court must adhere. (Id. ~~ 35-39.)

20

By contrast, CNS is the only news outlet that seeks regular access-much

less

21

"same-day access"-to

Ventura Superior Court's new complaints. (Id. ~ 18.)

22

Requests are only infrequently received from other reporters. and reasonable access

23

is provided without any objection from the reporters. (Id.) Merely asking whether

24

the equities of a demanding news outlet seeking an unsupported right to "same-day

25

access" to court records should trump the equities of a cash- and resource-strapped

26

court doing its best under the circumstances to provide reasonable access-and

27

achieving same- or next-day access-seems

often

to answer the question. The balance of

28
_19 _

Deft's Opp. to Plf's Mot. for Prelim. Inj,
Case No, CV 11-08083 R (MANx)

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1

equities here tips sharply in Ventura Superior Court's favor and compels denial of

2

eNS's

3

requested mandatory

E.

eNS's Requested Injunction Will Not Serve The Public Interest;
If Anything, It Will Harm It.

4
5

injunction.

The Supreme Court has properly cautioned that "courts of equity should pay

6

particular regard for the public consequences

7

of injunctions."

8

although various courts have recognized a strong public interest in upholding First

9

Amendment

in employing the extraordinary

remedy

Winter, 555 U.S. at 377 (quotations and citation omitted). And

principles, that interest is recognized

only infreedom of expression

10

cases, as CNS's own authority demonstrates.

11

F.3d 1196, 1208 (9th Cir, 2009) ("The ordinance [which restricts leafleting] thus

12

infringes on the free speech rights not only of Klein, but also of anyone seeking to

13

express their views in this manner in the City of San Clemente.");

14

Sammartano v. First Judicial Dist. Ct. r In and For Cnty. of Carson City, 303 F.3d

15

959,974

16

freedom of expression

17

interest on which CNS relies simply is not implicated here."

18

(9th Cir. 2002) (summarizing

Klein v, City of San Clemente, 584

other circuit cases recognizing

right in

cases). This is not a freedom of expression case; the public

Even if it were, that public interest is not absolute and can be overcome

19

"where the First Amendment

20

entirely eliminated."

21

circumstance

22

unlimited civil complaints

23

interests that would be incurred by granting the mandatory

24

see also

activities of the public are only limited, rather than

Sammartano, 303 F.3d at 974. That is precisely the

here: eNS faces a very limited delay (if any) in access to newly filed

To start, eNS's

that must bow to the severe harm to various other public

requested mandatory

injunction CNS seeks.

injunction would harm the overall

25

administration

26

7 eNS attempts to create an "even more pronounced"
public interest in access
cases by noting "the press serves as the surrogate of the public." (Mot. at 23.) This
is anon-starter.
The J2!"esshas no greater right to access than any other member of
the public. Nixon v. Warner Communications, Inc., 435 U.S. 589,98 S. Ct. 130655
L. Ed. 2d 570 (1978)

27
28

of justice in Ventura Superior Court insofar as vital personnel

_20 _

Deft's Opp. to PIPs Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER41

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-MAN Document25
Filed 10/31/11
#:529

Page28of30

PagelD

1

resources would need to be diverted from other areas of the court's judicial

2

administration

3

staff to accommodate

4

department

5

operate on less than full staffing capacity.

6

every department

7

Ventura Superior Court to pull resources from those other departments

8

accommodate

9

interests of every other member of the public, but it also will necessarily

10

system. There is absolutely no funding available to hire additional
eNS's

request.

(Sherman Decl.,-r 15.) Indeed, each and every

of Ventura Superior Court has been forced through budget cuts to

(See id. ~ 5.) That means that each and

already needs more resources that it presently has. To require

CNS' s request not only will put CNS' s interests improperly

negatively impact the administration

in the court system.

above the
and

of justice in those departments.

Moreover, CNS's requested mandatory

11

to

12

confidence

13

day access"--either

14

partial processing

15

of processing

16

Documents

17

might be lost, stolen, or misfiled.

18

injunction would harm the public's

Requiring Ventura Superior Court to provide "same-

to handle responsibly the materials it is given.

through rushed processing
of those complaintsv=-would

errors and with no possibility
might be misplaced;

dramatically

of quality control.

or through

increase the likelihood
(Kanatzar Decl. ~ 34.)

file numbers might be mistakenly switched; funds
(Jd.) If nothing else, the public expects its courts

Likewise, CNS's requested mandatory

19

of newly filed complaints,

injunction would harm individual

20

litigants'

21

Court.

22

yet filed complaints to avoid any burden on court staffing resources.

23

~ 1; Mot. at 3; Gardner Decl, ~ 22.) But Ventura Superior Court has an obligation to

24

its litigants to ensure that confidential

25

and fee waiver requests-remain

26

8 eNS alleges that in June 2009, Ventura Superior Court agreed to make newly
filed complaints available "after some processing out before the complaint had been
fully processed .... " (Compl, ~ 24.) That is untrue. For the very same reasons
articulated here, Ventura Superior Court never agreed to provide eNS with partially
processed complaints. (Kanatzar Dec1. " 21.)

27

28

interests in having their documents properly managed by Ventura Superior

eNS suggests it could have "behind the counter" access to received but not

information-including

confidential.

_21

R

(See CompI.

name change petitions

(Kanatzar Decl. ,-r37.) Similarly,

Deft's Opp. to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

FER42

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Document 25 Filed 10/31/11
#:530

1

new filings often are accompanied

2

check.

3

procedures

4

access behind the clerk's counter would compromise

5

Page 29 of 30 Page 10

procedures.

6

by filings fees, which usually come by cash or

(Id. ~ 38.) Those funds are subject to strict cash handling and audit
designed to ensure that litigants'

Finally, CNS's requested mandatory

7

that puts Ventura Superior Court-and

8

the nation-at

9

determination of what is "newsworthy"

the mercy ofCNS's

monies remain secure. (Id.) Allowing
these established security

injunction would create a slippery slope

potentially

ever-changing

every other court in the state and
business plan. CNS admits that its

is governed entirely by eNS's

0\\'11

(See Compl, ~ 15; Krolak Decl. ~ 3.) Right now eNS seeks access to

10

preferences.

11

only new civil unlimited complaints now; it may later determine (in its sole

12

discretion)

13

day access" to those. Indeed, at some point, eNS may contend that "same-day

14

access" is no longer sufficient; it must be "within the hour" access. All these harms

15

to the public interest will only be magnified

16

u,

17
18
19
20
21
22
23
24
25

26
27

(id.), and may seek "same-

that other types of filings are "newsworthy"

and compounded.

UNDER ANY CIRCUMSTANCE, A BOND IS REQUIRED.
There are important reasons why Rule 65(c) of the Federal Rules of Civil

Procedure
restraining

provides that a "court may issue a preliminary
order only

if the

injunction or a temporary

movant gives security in an amount that the court

considers proper" (emphasis added), and that it may be reversible error to issue an
injunction without such security.
F.3d 411,421

Hoechst Diafoil Co. v. Nan Ya Plastics Corp., 174

(4th Cir. 1999).

None of eNS's cases support a nominal bond-much

less a waived bond-

here. Save Our Sonoran, Inc. v. Flowers, 408 F.3d 1113, 1126 (9th Cir. 2005)
(affirming injunction with $50,000 bond); Jorgensen v. Cassiday, 320 F.3d 906,919
(9th Cir. 2003) (affirming injunction without additional bond where the funds at
issue in the injunction were held in sequestration

by the court); Tradition Club

28
_ 22 _

Deft's Opp. to Plf's Mot. for Prelim. Inj.
Case No. CV 11-08083 R (MANx)

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Document 25 Filed 10/31/11
#:531

Page 30 of 30

Page ID

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Assocs., LLC v. Tradition Golf Club, No. EDCV 08-1581, 2008 WL 5352927 at *6

2

(C.D. Cal. Dec. 18, 2008) (ordering $2500 bond even where enjoined party "state[ d]

3

it will suffer little injury, if any at all, from the entry of an injunction,"

4

still ordered a $2500 bond); Doctor John's, Inc. v. City of Sioux City. 305 F. Supp.

5

2d 1022, 1043-44 (N.D. Iowa 2004) (waiving bond in case of quintessential

6

of free speech where "City has not pointed to any evidence supporting a contention

7

that the City will suffer compensable

8

ordinances are improvidently

9

Moreover,

economic 'secondary

and the court

censure

effects' if its amended

enjoined"),"

as detailed above, the mandatory injunctive relief eNS seeks will

10

result in substantial

financial and practical harm to Ventura Superior Court. To

11

comply, and not otherwise harmfully affect the administration

12

litigants, Ventura Superior Court would be compelled to increase its staff resources

13

at a time when budget constraints have forced it to cut them. Thus, if the Court were

14

to issue such an injunction, a sizeable bond should be required.

CONCLUSION

15

16
17

of justice to its

eNS's Motion for Preliminary Injunction should be denied.
Dated:

18

October 31,2011

Respectfully

submitted,

JONES DAY

19
20

By: lsi Robert A. Naeve
Robert A. Naeve

21

Attorneys for Defendant
MICHAEL PLANET, IN IDS OFFICIAL
CAPACITY AS COURT EXECUTIVE
OFFICER/CLERK
OF THE VENTURA
COUNTYSUPEruORCOURT

22

23
24
LAI-3152540

25

26
27

28

9 eNS citation to the unpublished Texas decision it procured a couple years
ago does not lustify a nominal or waived bond here, either. Jackson, 200'9 WL
2163609 at >I< 2-5. There, the court ordered a $1000 bond without any discussion of
the relevant authorities or facts. Id. Much like the rest of that opinion, the court's
order on this point is not persuasive authority.

_23 _

Deft's Opp. to Plf's Mot. for Prelim. lnj.
Case No. CV 11-08083 R (MANx)

FER44

Case

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5

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7
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9

:11-cv-Oa083-R -MAN

Document 21

Filed 10/20/11

Page 1 of 32 Page ID #:395

Robert A. Naeve (State Bar No. 106095)
[e-mail]
Erica L. Reilley (State Bar No. 211615)
[e-mail]
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, California 92612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
l\.1ICHAEL PLANET, IN ins OFFICIAL
CAPACITY AS COURT EXECUTIVE
OFFICER/CLERK
OF THE VENTURA
COUNTY SUPERIOR COURT

10
UNITED STATES DISTRICT

11

CENJRAL

12

DISTRICT

COURT

OF CALIFORNIA

13

14

COURTHOUSE

15
16
17
18
19

NEWS SERVICE,
Plaintiff,

v.

Defendant.

R (MANx)

Assigned for all purposes to
Hon. Manuel L. Real

MEMORANDUM
MICHAEL PLANET, IN HIS
OFFICIAL CAPACITY AS COURT
EXECUTIVE OFFICER/CLERK OF
THE VENTURA COUNTY
SUPERIOR COURT,

20
21

Case No. CVI1-08083

OF POINTS

AND AUTHORITIES

iN

SUPPORT OF DEFENDANT'S
MOTION TO DISMISS AND
ABSTAIN
Date:
Time:
Courtroom:

November 21.2011
10:00 a.m.

8

22
23
24
25
26
27
28
Memo Supporting Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)

FER45

Case

:11-cv-08083-R

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Document 21

1

Filed 10/20/11

Page 2 of 32 Page ID #:396

TABLE OF CONTENTS

2
3

INnODUCTION

1

4

FACTUAL

2

5

BACKGROUND

A.

6

California Law Grants To All Members Of The Public,
Including The Press, The Right Of "Reasonable Access" To
Documents Filed In California's Courts

2

CNS Insisted That The Ventura Superior Court's Clerk's Office
Provide "Same-Day Access" To Newly Filed Civil Unlimited
Complaints
"

3

CNS's Complaint Asks This Court To Create Constitutional
And Common-Law Rights To "Same-Day Access" To
Unlimited Civil Complaints, Except As Deemed Permissible
Following A "Case-By-Case" Adjudication Of Individual
Claims

6

What CNS's Complaint Fails To Allege

7

7
B.

8
9

C.

10

11
12
13

D.

14

1.

15

CNS Sponsored SB 326 -A Bill That Would Provide
The Precise Relief eNS Seeks Here

8

9

16

2.

Ventura Superior Court Is Not An Electronic Filing Court

17

3.

CNS Has Not Attempted To Seek Appropriate
State Court

18

19

ARGUMENT

20

I.

Relief In

21

10
10

TIllS COURT SHOULD ABSTAIN FROM HEARING TIDS CASE. ...... I0
A.

This Court Should Equitably Abstain From Hearing This Matter
Pursuant To O'Shea v. Littleton

11

22

1.

23
24

2.

25
26
27

B.

CNS's Complaint Seeks The Exact Sort of Intervention
With State Judicial Administration That 0 'Shea
Condenms

13

eNS's Current Legislative Attempts For Relief
Underscore The Wisdom In This Court's Abstention

14

This Court Should Abstain From Hearing This Matter Pursuant
To Railroad Comm 'n of Texas v. Pullman Co

15

28
-1 -

Memo Supporting Motion to Dismiss and Abstain
Case No. CV 11-08083 R(MANx)

FER46

Case

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:11-cv-08083-R

II.

-MAN

Document 21

Filed 10/20/11

Page 3 of 32 Page 10 #:397

3

CNS'S FIRST AND SECOND CLAIMS FOR RELIEF FAIL TO
STATE A CLAIM FOR A CONSTITUTIONAL
OR FEDERAL
COMMON LAW "RIGHT" OF SAME-DAY ACCESS TO NEWLY
FILED UNLIMITED CIVIL COIvfPLAINTS

4

A.

2

The First Claim For Relief Should Be Dismissed Because The
First Amendment Does Not Guarantee Same-Day Access

18
19

5
First Amendment Public Rights Of Access To Court
Records Are Governed By "Experience And Logic."

19

8

Historic "Experience" Does Not Recognize A Right To
Same-Day Access To Court Records

19

9

a.

There Is No Historic Right To Same-Day Access
As A Matter OfLaw

19

The Courtesies Extended To CNS By Some Courts
Does Not Otherwise Establish An Historic Right
To Same-Day Access

21

1.

6
7

2.

10
b.

11
12

3.

13
14

B.

15

16
17
18

III.

"Logic" Does Not Recognize A Right To Same-Day
Access, Either.

The Second Claim For Relief Should Be Dismissed Because
Federal Common Law Does Not Guarantee Same-Day Access

TIlE ELEVENIH AMENDl\.1ENT BARS eNS'S THIRD CLAIM
FOR RELIEF FOR vrOLATION OF CALIFORNIA RULE OF
COURT 2.550

CONCLUSION

21
23

24
25

19
20
21
22
23

24
25

26
27
28
-11 -

Memo Supporting Motion to Dismiss and Abstain
Case No. CV 11-080&3 R(MANx)

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Case :11-cv-08083-R

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Document 21

Filed 10/20/11

Page 4 of 32

Page 10 #:398

TABLE OF AUTHORITIES

2

3

Cases

4
5

Ad Hoc Comm. on Judicial Admin. v. Massachusetts, 488 F .2d
1241 (1st Cir. 1973)

12

6

Almodovar v. Reiner, 832 F.2d 1138 (9th Cir. 1987)

17

7

Ashcroft v. Iqbal, 129 S. Ct. 1937, 173 L. Ed. 2d 868 (2009)

8

Cal. Mother Infant Program v. Cal. Dep't of Corrs., 41 F. Supp.

9

2d 1123 (S.D. Cal. 1999)

7
24

10

Canton v. Spokane Sch. Dist. # 81,498 F.2d 840 (9th Cit. 1974)

16

11

Cent. Reserve Life ofN Am. Ins. Co. v. Struve, 852 F.2d 1158
(9th Cir. 1988)

24

13

Cleveland Ed. ofEduc. v. Loudermill, 470 U.S. 532, 105 S. Ct.
1487,84 L. Ed. 2d 494 (1985)

22

14

County of Allegheny v. Frank Mashuda Co., 360 U.S. 185, 3 L.

12

15

Ed. 2d 1163, 79 S. Ct. 1060 (1958)

16

16

C-Y Dev. Co. v. Redlands, 703 F.2d 375 (9th CiT. 1983)

18

17

Durning v. Citibank, NA., 950 F.2d 1422 (9th Cir. 1991)

24

18,

E. T. v. Cantil-Sakauye, No. 10-15248 (9th Cir. Sept. 13,2011)

12

19

E.T v. George, 681 F. Supp. 2d 1151 (E.D. Cal. 2010)

12

20

Estate of Hearst, 67 Cal.App.3d 777, 136 Cal. Rptr. 821 (1977)

21

Flast v. Cohen, 392 U.S. 83, 88 S. Ct. 1942, 20 L. Ed. 2d 947 (1968)

11

23

Gannett Co., Inc. v. DePasquale, 443 U.S. 368, 99 S. Ct. 2898,
61 L. Ed. 2d 608 (1979)

20

24

Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 102 S.

22

25
26
27
28

2

Ct. 2613, 73 L. Ed. 2d 248 (1982)

19

Greater L.A. Council on Deafness, Inc. v. Zolin, 812 F .2d 1103
(9th Cir.1987)

24

Hawaii Hous. Auth. v. Midkiff, 467 U.S. 229, 104 S. Ct. 2321,
81 L. Ed. 2d 186 (1984)
-111 -

16

Memo Supporting Motion to Dismiss and Abstain
Case No. CV 11-08083 R(MANx)

FER48

Case

:11-cv-08083-R -MAN

Document 21

Filed 10/20/11

Page 5 of 32 Page 10 #:399

1

Hibernia Savings and Loan Soc. v. Boyd, 155 Cal. 193, 100 P. 239 (1909)

2

Horne v. Flores, 129 S. Ct. 2579, 174 L. Ed. 2d 406 , 557 U.S.

3

_

(2009)

2
11

4

Hughes v. Lipscher, 906 F.2d 961 (3d Cir. 1990)

5

In re Marriage of Burkle, 135 Cal. App. 4th 1045, 37 Cal. Rptr.
3d 805 (2006)

17
20

6

7
8
9

in re Marriage of Mosley, 190 Cal. App. 4th 1096, 82 Cal.
Rptr. 3d 497 (2010)

3

In re Marriage a/Nicholas, 186 Cal. App. 4th 1566, 113 Cal.
Rptr. 3d 629 (2010)

2

10

Kaufman v. Kaye, 466 F.3d 83 (2d Cir. 2006)

11

Kentucky v. Graham, 473 U.S. 159, 105 S. Ct. 3099, 87 L. Ed.

12

13
14
15
16

14

2d 114 (1985)

24

Los Angeles Cnty. Bar Ass 'n v. Eu, 979 F.2d 697 (9th Cir. 1992)

12

Los Angeles v, Lyons, 461 U.S. 95, 103 S. Ct. 1660,75 L. Ed. 2d
675 (1983)

10

Lucien v. Johnson, 61 F.3d 573 (7th Cir. 1995)

22

Luckey v. Miller, 976 F.2d 673 (11th Cir. 1992)

13

17
18
19
20
21
22
23
24
25
26
27

Missouri v. Jenkins, 515 U.S. 70, 115 S. Ct. 2038, 132 L. Ed.
2d 63 (1995)

10

Moss v. United States Secret Serv., 572 F 3d 962 (9th Cir. 2009)

7

NBC Subsidiary (KNBC- TV) v. Superior Court, 20 Cal. 4th
1178,86

Cal. Rptr. 2d 778 (1999)

2

New York Civil Liberties Union v. New York City Transit Auth.,
652 F.3d 247 (2d Cir. 2011)

20

Nixon v. Wamer Communications, Inc .• 435 U.S. 589, 98 S. Ct.
130655 L. Ed. 2d 570 (1978)

O'Shea v. Littleton, 414 U.S. 488,94

4
S. Ct. 669, 38 L. Ed. 2d

674 (1974)

11

Parker v. Turner, 626 F.2d 1 (6th Cir. 1980)

12

28
-IV

-

Memo Supporting Motion to Dismiss and Abstain
Case No. CV 11·08083 R (MANx)

FER49

Case :11-cv-08083-R -MAN Document 21

1

Filed 10/20/11

Page 6 of 32 Page 1D #:400

Pearl Investment Co. v. City and County of San Francisco, 774 F.2d
1460 (9th Cir. 1985). cert. denied, 476 U.S. 1170 (1986)

16

Pennhurst State School & Hosp. v. Helderman, 465 U.S. 89,
104 S. Ct. 900, 79 L. Ed. 2d 67 (1984)

25

. Press-Enterprise Co. v. Superior Court, 464 U.S. 501, 104 S.
Ct. 819, 78 L. Ed. 2d 629 (1984)

19

Press-Enterprise Co. v. Superior Court, 478 US 1, 106 S. Ct.
2735,92 L. Ed. 2d 1 (1986)

19

Railroad Comm'n of Texas v. Pullman Co., 312 U.S. 496,61 S. Ct.
643, 85 L. Ed. 971 (1941)

16

10

Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 100 S.
Ct. 2814, 65 L. Ed. 2d 973 (1980)

19

11

Rizzo v. Goode, 423 U.S. 362,96 S. Ct. 598,46 L. Ed. 2d 561 (1976)

11

12

Rushford v. New Yorker Mag., 846 F.2d 249 (4th Cir. 1988)

20

13

Simmons v. Sacramento County Superior Court, 318 F.3d 1156
(9th Cir. 2003)

25

Smelt v. County ojOrange, 447 F.3d 673 (9th Cir.), cert.
denied, 549 U.S. 959 (2006)

16

2
3

4
5
6
7
8
9

14
15
16
17
18

United States v. Edwards, 823 F:2d 111 (5th Cir. 1987)
Willv. Michigan Dep't of State Police, 491 U.S. 58,109 S. Ct.
2304, 105 L. Ed. 2d 45 (1988)

_

22
__

24

19
20
21
22
23
24
25
26
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-v -

Memo Supporting Motion to Dismiss and Abstain
Case No. CV 11-08083 R(MANx)

FER50

Case

:11-cv-08083-R -MAN

Document 21

Filed 10120/11

Page 7 of 32 Page ID #:401

1

Statutes

2

42 U.S.C. § 1983

6

3

CaL Civ. Proc. Code § 1904

3

CaL Gov't Code § 68150(c)

3

Cal. Gov't Code § 68150(1)

3

Cal. Gov't Code § 68151(a)(1)

3

4
5

6
7
8

Cal. Gov't Code § 811.9

25

9
10

11

Other Authorities
9th Cir. Gen. Order 5.5( d)

12

12
13

Rules

14

Cal. R. Ct. 2.400(a)

3

15

Cal. R. Ct. 2.500(a)

3

16

Cal. R Ct. 2.503(a)

3

17

Cal. R. Ct. 2.550(c)

3

18
19

Constitutional Provisions

20
U.S. Const., Art. TIl, §§ 1,2

10

21

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23
24

25
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-VI

-

Memo Supporting Motion to Dismiss and Abstain
Case No. CV 11·08083 R(MANx)

FER51

Case

:11-cv-08083-R

-MAN

Document 21

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Filed 10/20/11

Page 8 of 32

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INTRODUCTION
Plaintiff Courthouse News Service ("eNS"),

a purportedly

widely read legal

news wire service, seeks broad declaratory

and injunctive relief against Michael D.

Planet, in his official capacity as Executive

Officer and Clerk of the Superior Court

of California,

County of Ventura (":Mr. Planet" or the "Ventura Superior Court").

The gravamen of CNS's lawsuit rests on the misplaced notion that it has a

constitutional or common law right to "same-day
unlimited

civil complaints.

reporter's

ability to review a newly filed complaint necessarily

[CNS's]

Specifically,

access" to all newly filed

eNS complains that "any delay in the
creates delay in

ability to inform interested persons of the factual and legal allegations

those complaints
that purportedly

.... " (CompI., ~ 18 (emphasis added).)

in

CNS further complains

increasing access delays at Ventura Superior Court, and an alleged

"policy" that CNS (and every other member of the public) cannot have access to
new filings at that court until the requisite document processing

is completed has

resulted in new filings being "as good as sealed," in violation of the First and
Fourteenth

Amendments

to the U.S. Constitution,

federal common law, and the

California Rules of Court. (Id., ~ 6.) Thus, eNS wants nearly instantaneous

access

to all newly filed unlimited civil complaints.
CNS can cite to no case holding that the First Amendment
agency's

right to "same-day

access" to newly filed complaints.

protects a news
Instead, it claims

that because certain other courts are able to extend the courtesy of "same-day
access", this Court should make such access a constitutional
does not countenance

such a decree, and for good reason. First, eNS's

thisfederal district court involve itself in the administration
system runs afoul of settled principles of federalism,
competence-all

mandate.

But the law
request that

of the state's judicial

comity, and institutional

of which urge this Court to exercise its discretion to abstain from

hearing the matter at all. Second, CNS's first and second claims for relief for

28
Memo Supporting Motion to Dismiss and Abstain
Case No. CV 11-08083 R (JIAANx)

FER52

Case

1
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3
4
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:11-cv-08083-R

-MAN Document 21

Filed 10/20/11

Page 9 of 32 Page ID #:403

violation of the First Amendment to the United States Constitution and federal
common law fail to state a claim upon which relief may be granted, as there simply
is no constitutional or common-law right to "same-day access" to newly filed
unlimited civil complaints. Third, CNS's third claim for relief, which alleges that
the Ventura Superior Court violates California Rule of Court 2.550, runs afoul of
the Eleventh Amendment, and is barred. Ventura Superior Court's motion should
be granted, and the entire action should be dismissed accordingly.

8

FACTUAL BACKGROUND

9
10
11
12

A.

California Law Grants To All Members Of The Public, Including
The Press, The Right Of "Reasonable Access" To Documents Filed
In California's Courts.

It has long been settled in California that members of the public have a right

13

of access to "adjudicative proceedings and filed documents of trial and appellate

14

courts." NBC Subsidiary (KNBC-TVJ v. Superior Court, 20 Cal. 4th 1178, 1212, 86

15

Cal. Rptr. 2d 778 (1999). This is because "the public has an interest, in all civil

16

cases, in observing and assessing the performance of its public judicial system ...

17

." ld. at 1210; see also Hibernia Savings and Loan Soc. v. Boyd, 155 Cal. 193,200,

18

100 P. 239 (1909) ("Ajudicial record is a public writing .... "); In re Marriage of

19

Nicholas, 186 Cal. App. 4th 1566, 1575, 113 Cal. Rptr. 3d 629 (2010) ("A strong

20

presumption exists in favor of public access to court records in ordinary civil

21

trials"); Estate of Hearst, 67 Cal.App.3d 777, 784, 136 Cal. Rptr. 821 (1977)

22

("[T]he public has a legitimate interest in access to public records, such as court

23

documents.").

24

The California Legislature codified this right of access in Government Code

25

section 68150. In particular, the Legislature mandated in section 68150(1) that,

26

"[ujnless access is otherwise restricted by law," court records of all types, including

27

paper and electronic, "shall be made reasonably accessible to all members of the

28

public for viewing and duplication as the paper records would have been
_2 -

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11·08083 R (MANx)

FER53

.Cas 2:11-cv-08083-R

-MAN

Document 21

Filed 10/20/11

Page 10 of 32 Page ID

#:404

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accessible." Cal. Gov't Code § 68150(1) (emphasis added). Significantly, this right
of "reasonable access" extends to documents only after they have been "filed ... in
the case folder, but if no case folder is created by the court, all filed papers and
documents that would have been in the case folder if one had been created." Cal.
Gov't Code § 68151(a)(1); see also Cal. Civ. Proc. Code § 1904 (defining "judicial
record").
The Legislature directed the Judicial Council of California to "adopt rules to
establish the standards or guidelines for the creation, maintenance, reproduction, or
preservation of court records ... ." Cal. Gov't Code § 68150(c). The Judicial
Council complied with the Legislature's directive by adopting Title 2, Division 4 of
the Rules of Court relating to maintenance of and access to trial court records. As
is relevant to these proceedings, Rule of Court 2.400(a) provides that, "Only the
clerk may remove and replace records in the court's files," and that, "[u]nless
otherwise provided by these rules or ordered by the court, court records may only
be inspected by the public in the office of the clerk." Cal. R. Ct. 2.400(a). The
Rules of Court further acknowledge that "[u]nless confidentiality is required by
law, court records are presumed to be open," Cal. R. Ct. 2.550(c), and that the
public has a right of "reasonable access" to them. E.g., Cal. RE. Ct. 2.500(a),
2.503( a). See generally In re Marriage of Mosley, 190 Cal. App. 4th 1096~ 110203, 82 Cal. Rptr. 3d 497 (2010).

21
22
23

B.

CNS Insisted That The Ventura Superior Court's Clerk's Office
Provide "Same-Day Access" To Newly Filed Civil Unlimited
Complaints.

24

eNS claims to be "a widely-read legal news wire service with thousands of

25

subscribers across the nation .... " (Cornpl., ~ 4.) Its "core news publications are

26

its new litigation reports, which are e-mailed to its subscribers and contain staff-

27

written summaries of all significant new civil complaints filed in a particular court."

28

(~15.) To obtain these summaries, CNS assigns "reporters" to various courthouses
_3 -

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11-08083 R (MANx)

FER54

Cas

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2:11-cv-08083-R

-MAN Document 21 Filed 10/20/11 Page 11 of 32 Page ID
#:405

with the instruction to review newly-filed "unlimited jurisdiction" civil complaints
in which the matter in controversy exceeds $25~OOO.(Compl., ~ 18.)
Significantly, CNS does not seek the same "reasonable access" to new case
filings afforded to members of the general public. Cf Nixon v. Warner
Communications, Inc., 435

us. 589.98

S. Ct. 130655 L. Ed. 2d 570 (1978)

(holding that members of the media generally have no greater rights or privileges
than do members of the general public). Instead, eNS explicitly alleges that it is
constitutionally entitled to what amounts to immediate or "same-day access" to
newly filed unlimited civil complaints. ostensibly because this "ensures that
interested members of the public learn about new civil litigation while the initiation
of that litigation is still newsworthy .....

" (Compl., ~~ 4~ 18.)

For most of the time periods alleged in its complaint, CNS did not seek to
obtain "same-day access" to filings in Ventura Superior Court. Instead, CNS
alleges that from 2000 to 2010, eNS's reporter only visited the Ventura Superior
Court's clerk's office "once or twice a week" to review new complaints maintained
in a "media bin." (Id.,

n22-25.)

Hence, whatever delays eNS may have

experienced during this period of time has little bearing on the substance of its
current claim to "same-day access" to civil filings.
eNS changed its business model in November 2010 by asking one of its
reporters to visit the Ventura Superior Court's clerk's office every day. (Id., ~ 25.)
However, rather than seek the same access as the clerk's office grants to. other
members of the general public, CNS asked for more. In particular, CNS alleges at
paragraph 25 of its complaint that it asked Ventura Superior Court should "adjust"
its procedures to grant "same-day access" to unlimited civil complaints not because
other members of the public obtained "same-day access" to complaints in Ventura,
but because courts in other jurisdictions allegedly have the ability to do so:

27
28
_4 -

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11-08083 R(MANx)

FER55

Cas 2:11-cv-08083-R

-MAN

Document 21 Filed 10/20/11 Page 12 of 32 Page ID
#:406

1
2
3

25.

In an effort to improve the quality of the Centra] Coast Report through

more timely reporting
2010. Courthouse

on new civil unlimited jurisdi ction complaints,

News began covering Ventura SUper11X a daily basis. Prompted

4

its change to daily coverage and the access problems

5

Courthouse

6
7

possibility

in November

News once again initiated discussions
of adjusting its procedures

to newly filed unlimited jurisdiction

it continued to experience,

with the clerk's office about the

so that Ms. Krolak could have same-day access
civil complaints, as news reporters do in other

courts they visit on a daily basis.

8
9

10

eNS alleges that it sent a June 20, 2011 demand letter to Mr. Planet, attached

11

as Exhibit 2 to its Complaint. ild., ~ 26.) The demand letter explains that courts in

12

other jurisdictions, including federal courts that have adopted electronic filing

13

through the PACER system, have the ability to grant "same-day access" to CNS

14

reporters. (Id., ~ 26 & Ex. 2.) Mr. Planet responded to CNS's June 20,2011

15

demand letter on July 11,2011. (Id., ~ 27 & Ex. 3.) He explained that, while it was

16

not possible for the court to provide "same-day access" to all civil complaints, the

17

court would continue make files available "as early as practicable:"

18
19
20
21
22
23

A'$ you have noted, the Court has met and spoken with you and representatives of courmouse
NeW$ Service several tlmes over the past couple of years to both explain the Court's serious
resource =>hortagesa!ll a result of budget redUctions, and steps that could reasonably be taken
tQ make new complaints available to the media. The budget recenUy signed by the Governor
imposes even more draBlic reductions to the t;;ourts, which makes it even more difficult, to
provide same-day access 10 new flDngs. .
~
While I appreciate the Courthouse News Services' Interest fn same-day access, the Court
cannot prioritize that access above other priorities and mandates. Further~ the Court must
~nsur¢ the rntegrfty of all filings, including new mings, and·cannot make any fitil19s available
untUthe requisite prooessin9 i5 completed. We win continue to make every effort to make new
filings available as e~rIJ' as is practicable given the dema nds on. Hmiled cOurf resources.

24

25
26

u«, ,-r 27 & Ex. 3.)

27
28
_5 -

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11-08083 R (MANx)

FER56

Cas 2:11-cv-08083-R -MAN Document 21 Filed 10/20/11
#:407

1
2
3

Page 13 of 32 Page 10

CNS alleges that, since receipt of the July 11, 2011 response from Mr.
Planet, its reporters have not obtained ""same-day access'" to all newly filed civil
unlimited complaints filed in the Ventura Superior Court. (,-r,-r 29-30).

4
·5

C.

6
7
8

CNS's complaint contains three claims for relief, the first two of which are
asserted pursuant to 42 U.S.C. § 1983:

9
1.

10
11

12
13
14
15
16
17
18
19
20
21

CNS's Complaint Asks This Court To Create Constitutional And
Common-Law Rights To "Same-Day Access" To Unlimited Civil
Complaints, Except As Deemed Permissible Following A "CaseBy-Case" Adjudication Of Individual Claims.

First Claim for Relief. CNS alleges that Ventura Superior Court

violates the First Amendment to the United States Constitution by delaying access
to new civil unlimited complaints and by failing to provide "timely, same-day
access to new civil unlimited complaints." (Id., 1f1f 32-35.)
2.

Second Claim for Relief. CNS alleges that Ventura Superior Court

violates federal common law by delaying access to new civil unlimited complaints
and by failing to provide "timely, same-day access to new civil unlimited
complaints." (ld.,
3.

mr 37-39.)

Tlrird Claim for Relief. Finally, eNS claims that, by failing to provide

"timely, same-day access" to newly filed unlimited civil complaints, Ventura
Superior Court has "effectively seal[ ed]" these complaints, in violation of
CalifomiaRule

of Court 2.550. (ld..1f1f 41-43.)

This is not a case in which the plaintiff seeks the standard prohibitory

22
injunction designed to maintain the status quo pending trial. Instead, as can be seen
23
24
25
26
27

from paragraph 1 of eNS's prayer for relief, CNS effectively seeks a stringent
mandatory injunction that is designed to alter the status quo pending trial by
requiring Ventura Superior Court to cease denying "same-day access" to civil
unlimited complaints:

28
_6 -

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11-0&0&3 R (MANx)

FER57

Cas 2:11-cv-08083-R

-MAN

Document 21 Filed 10/20/11
#:408

Page 14 of 32 Page 10

1

,,','d

2

1.

For preliminary

and permanent injunctions against Defendant, including

3

his agents, assistants, successors,

4

cooperation with him, or at his direction or under his control, prohibiting

5

employees, and all persons acting in concert or
him

preliminarily. during the pendency of this action. and permanently thereafter, from
continuing his policies resulting in delayed access to new unlimited jurisdiction

6
7

civil

complaints and denying Courthouse News timely access to new civil unlimited
complaints

UUO,UlulUUlI

on the same day they are filed. except as deemed permissible

8
9
10
11

12
13

In addition, eNS asks this Court to enter a declaratory judgment that Ventura
Superior Court's failure to provide "same-day access" to newly filed unlimited civil
complaints violates the First Amendment, federal common law and California Rille
of Court 2.550:

14

15

2.

For a declaratory judgment pursuant to 28 U.S.C. § 2201 declaring

16

Defendant's policies that knowingly affect delays in access and a denial of'timely,

17

same-day access to new civil unlimited complaints as unconstitutional under the First

18
19

and Fourteenth Amendments to the United States Constitution and in violation of'the
federal common law and California Rule of Court 2.550, for the reason that that it
constitutes an effective denial of access to court records.

20
21

22

D.

23

At the motion to dismiss stage, this Court is obligated to assume the truth of

What CNS's Complaint Fails To Allege.

24

the complaint's allegations. See Ashcroft v. Iqbal, 129 S. Ct. 1937, 173 L. Ed. 2d

25

868 (2009); Moss v. United States Secret Serv., 572 F.3d 962,969 (9th Cir. 2009).

26

Nonetheless, three notable omissions are worthy of comment.

27
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_7 -

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11-08083 R (MANx)

FER58

Cas

2:11-cv-08083-R

1

1.

-MAN

Document 21 Filed 10/20/11
#:409

Page 15 of 32

Page 10

2

eNS Sponsored SB 326 -A Bill That Would Provide The Precise
Relief eNS Seeks Here.

3

CNS~s Complaint repeatedly suggests that it is entitled to "same-day access"

4

to newly filed unlimited civil complaints because such access historically has been

5

granted. However, CNS fails to disclose that it made the precise opposite claim

6

when it sponsored a "same-day access" bill known as Senate Bill 326 in the

7

California Legislature. (RJN, Ex. Al [Cal. Senate Bi1l326].) There, CNS claimed

8

that: (a) Government Code section 68150 already "provides the public with

9

reasonable access to court records;" (b) the term "reasonable access" is not defined;

10

(c) "many other courts have failed and refused to provide a system whereby the

11

public has access to court record information in a timely manner;" and (d) for these

12

reasons, legislation is necessary to "require the Judicial Council of California to

13

adopt a rule or rules of court to require courts to provide public access to case-

14

initiating civil and criminal court records, as defined, by no later than the end of the

15

day on which those records are received by the court." (ld., Ex. B [Cal. Senate

16

Judiciary Comm. May 3, 2011 Bill Analysis].)

17

CNS also failed to disclose that the Judicial Council of California has

18

objected to SB 326, advising that, "[w]hile the Council strongly favors timely

19

public access to court records that are subject to public disclosure, SB 326 sets a

20

standard for access that cannot be achieved without a significant increase in court

21

staffing." (Id., Ex. C [Apr. 27, 2011 Letter].) Subsequent revisions were made to

22

the bill, and Judicial Council changed its position to neutral. (Id., Ex. D [June 9~

23

2011 Letter].)

24

326 passed in the Senate on May 31, 2011. (Id., Ex. E [Complete Bill History].)

With those revisions and Judicial Council's neutral position, SB

25

After passing out of the Assembly Judiciary Committee with the amendments

26

required by the Senate Judiciary Committee, the bill was subsequently amended in

27
28

1 All citations to "RJN, Ex.
" are to the exhibitsattached to Mr. Planet's
concurrently filed Request for Judicial Notice in Support of Motion to Abstain and
Dismiss.
Memo Supporting Motion to Dismiss and

-8-

Abstain Case No. CV 11-08083 R(MANx)

FER59

Cas 2:11-cv-08083-R -MAN

Document 21

Filed 10/20/11

Page 16 of 32 Page 10

#:410
1

2
3
4

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the Assembly Appropriations

Committee a number of times.

The latest version of

CNS's proposed bill eliminated the key facets of the Senate Judiciary Committee's
revisions, and Judicial Council renewed its opposition, which highlighted the
unworkable

mandate ofSB 326, particularly

in light of ever-increasing

state court

budget cuts:

6
7
8
9
10
11
12

13

Subsequent to the Senate Judiciary Committee hearing; the
ongoing cuts to the judicial branch in the budget were mcreased
by an additional $150 million. Most courts were not in a
position to comply with the same day mandate in SB 326 before
these additionar cuts were enacted out in the face of even
deeper reductions, courts will not have sufficient staff available
to fulfill the requirements of SB 326.

(Id., Ex. F [Aug. 8,2011 Letter] at 2.) The bill was held in the Assembly
Appropriations

Committee

at the time the committee reviewed those bills with

significant fiscal impact, and despite a further amendment taken on September
2011, it remains in that committee.

1,

(Id., Ex. E [Complete Bill History].)

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15

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2.

Ventura Superior Court Is Not An Electronic Filing Court.

CNS's Complaint purports to make much of the fact that other courts
allegedly provide it with "same-day access" to newly filed unlimited civil
complaints.

As its primary examples, CNS alleges that this Court and other U.S.

District Courts in California provide "same-day
makes lengthy allegations

many others in CNS' s self-selected

court access policies (id., Ex. I)-are

management

(Cornpl., ~ 11.) CNS also

about a state court in Las Vegas, Nevada.

However, all those courts-and

courts throughout

access."

(Id., -,r13.)
summary of

electronic filing courts. Indeed, all federal

the country employ the PACER system for court records

(id., -,r11), which mandates electronic filing of substantially

all

documents filed with the court. And the Las Vegas court also recently
implemented

a mandatory

e-filing protocol.

(Id., -,r13.) The result is that clerk's

offices in these courts are not burdened by the substantial additional administrative
task imposed by the need to process by hand every document filed with the court.
_9 -

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Abstain Case No. CV 11-08083 R (MANx)

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eNS does not allege-and

cannot allege-that

Page 17 of 32 Page ID

Ventura Superior Court is an

electronic filing court. Rather, the clerk's office staff at Ventura Superior Court
must process by hand each and every document filed with the court. This
distinction, which CNS ignores, is critical. It is not surprising that many e-filing
courts can provide "same-day access"; they are not burdened with the additional
administrative
perform.

tasks that non-e-filing

courts, like Ventura Superior Court, must

But the fact that e-filing courts are not burdened with those tasks does not

somehow compel imposition of an even greater burden on non-e- filing courts.

9

3.

10

CNS Has Not Attempted To Seek Appropriate Relief In State

Court.

11

As explained above, California law already requires courts to provide

12

"reasonable

13

68150(1) & 68151.

14

Instead, CNS argues that Ventura Superior Court's failure to provide "same-day

15

access" violates California Rule of Court 2.550 as an "exercise of unguided

16

discretion to effectively seal a court record," the authority for which "lies only in a

17

judge of the court."

18

infra Section ill), CNS has not sought relief from this alleged violation from "a

19

judge of the court." It has not sought any relief from the state courts under the

20

governing state law.

access" to court documents

CNS curiously avoids any reference to this governing statute.

(Id., 'i[33.) Even if this claim were well taken (it is not, see

21
22

once they are filed. See Cal. Gov't Code §

ARGUMENT

I.

THIS COURT SHOULD ABSTAIN FROM HEARING THIS CASE.

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24

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Article TIl of the Constitution
arid controversies."
Court recognized

limits federal court review to justiciable

See generally U.S. Const.,Art.

"cases

ill, §§ 1,2. As the Supreme

in Los Angeles v. Lyons, 461 U.S. 95, 112, 103 S. Ct. 1660,75 L.

Ed. 2d 675 (1983), "[a] federal court ... is not the proper forum to press" general
complaints about the way in which government
-10 -

goes about its business.

See also

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11-08083 R(MANx)

FER61

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Missouri v. Jenkins, 515 U.S. 70, 112-113, 115 S. Ct. 2038, 132 L. Ed. 2d 63
(1995) (O'Connor, J., concurring) ("Article ill courts are constrained by the
inherent constitutional limitations on their powers. Unlike Congress, which enjoys
discretion in determining whether and what legislation is needed to secure the
guarantees of the Fourteenth Amendment, federal courts have no comparable
license and must always observe their limited judicial role.") (internal citations and
quotations omitted).
Whether a case is justiciable is governed, in part, by important separation of
powers principles. See Flast v. Cohen. 392 U.S. 83. 97,88 S. Ct. 1942.20 L. Ed.
2d 947 (1968). Thus, the Supreme Court has developed several related abstention
doctrines grounded in principles of comity and federalism to ensure that federal
courts do not improvidently resolve disputes and award relief that will intrude upon
the prerogatives of states to structure and fund their own governmental institutions.
See Rizzo v. Goode, 423 U.S. 362, 378-80,96 S. Ct. 598, 46 L. Ed. 2d 561 (1976)
("'When a plaintiff seeks to enjoin the activity of a government agency, even within
a unitary court system, his case must contend with the well-established rule that the
Government has traditionally been granted the widest latitude in the dispatch of its
own internal affairs") (internal quotations and citations omitted).

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A.

This Court Should Equitably Abstain From Hearing This Matter
Pursuant To O'Shea v. Littleton.

The Supreme Court first articulated the doctrine of equitable abstention in
O'Shea v. Littleton, 414 U.S. 488,94 S. Ct. 669, 38 L. Ed. 2d 674 (1974). This

doctrine counsels federal courts to decline to exercise their equitable powers in
cases seeking to reform state institutions, because such suits offend traditional
notions of federalism by calling for "restructuring ... state government
institutions" and "dictating state or local budget priorities." O'Shea, 414 U.S. at
500; see also Horne v~Flores, 129 S. Ct. 2579, 2593, 174 L. Ed. 2d 406, 557 U.S.

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(2009) ("Federalism

concerns are heightened when, as in these cases, a federal

decree has the effect of dictating state and local budget priorities.

States and local

governments

have limited funds. When a federal court orders that money be

appropriated

for one program, the effect is often to take funds away from other

important programs.");

Los Angeles Cnty. Bar Ass 'n v. Eu, 979 F.2d 697 (9th Cir.

1992) ("We should be very reluctant to grant relief that would entail heavy federal
interference

in such sensitive state activities as administration

of the judicial

system"); Ad Hoc Comm. on Judicial Admin. v. Massachusetts, 488 F.2d 1241,
1245-46 (Ist Cir. 1973) ("In this nation, the financing and, to an important extent,
the organization

of the judicial branches, federal and state, have been left to the

people, through their legislature ....

[I]t would be both unprecedented

unseemly for a federal judge to attempt a reordering

and

of state priorities").

Last month. the Ninth Circuit recognized that "[w]hen the state agency in
question is a state court ... the equitable restraint considerations
appear to be nearly absolute."

[of O'Shea]

E. T v. Cantil-Sakauye, No. 10-15248, slip op.
(quoting Parker v. Turner, 626 F.2d 1, 7

17457, 17464 (9th Cir. Sept. 13,2011)

(6th Cir. 1980)). Inthat case, the Ninth Circuit affirmed a district court's decision
to abstain from entertaining a suit seeking a declaration that the caseloads in
dependency

courts in the Superior Court of California,

unconstitutionally

excessive.'

Specifically,

County of Sacramento, were

the court reasoned the lower court had

properly "[h]eed[ ed] the teachings of 0 'Shea and cases since" by concluding that
"'[p]laintiffs'

challenges to the juvenile dependency

court system necessarily

require the court to intrude upon the state's administration
more specifically,
Supp.2d

its court system."

of its government,

and

Id., at 17463 (quoting E. T. v. George, 681 F.

1151, 1164 (E.D. Cal. 2010)).

The court further rejected the plaintiffs'

26
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2 Although
a petition for rehearing and rehearing en bane is pending in E. T
before the Ninth Circuit the original three-judge panel decision remains valid law
unless and until the court grants the petition. See 9th Cir, Gen. Ornf".r.5.S(n\.
d
-1\.lemQ Siipportmg 1\irollOn to OtsmlSS an
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invitation to consider only a request for declaratory relief (not injunctive relief):
"For 'even the limited decree]']' sought here 'would inevitably set up the precise
basis forfuture intervention condemned in O'Shea:"
v,

Id. at 17465 (quoting Luckey

Miller, 976 F.2d 673, 679 (lIth Cir. 1992)); see also id. ("[W]ere we to declare

the current Dependency Court attorney caseloads unconstitutional or unlawful, the
Defendants' compliance with that remedy and its effect in individual cases could be
subject to further challenges in federal district court.").

8
9

1.

eNS's Complaint Seeks The Exact Sort of Intervention With
State Judicial Administration That O'Shea Condemns.

10

The same equitable restraint considerations that underlie E.T, Ad Hoc

11

Committee and other cases compel abstention here. CNS seeks a mandatory

12

injunction that, by its very nature, would require this Court to "inquire into the

13

administration of [California's judicial] system, its utilization of personnel," and the

14

advisability of requiring it to adopt a "same-day access" policy in light of critical

15

and competing statewide budgetary concerns. Ad Hoc Comm., 488 F.2d at 1245;

16

see also 0 'Shea, 414 U.S. at 502 (criticizing the court of appeal's proposed

17

"periodic reporting system" as "a form of monitoring of the operation of state court

18

functions that is antipathetic to established principles of comity").

19

Most significantly, beyond an injunction requiring this Court's continuing

20

oversight to ensure the Ventura Superior Court's general compliance, CNS seeks an

21

injunction that necessarily would put the "federal district court in the role of

22

receiver for a state judicial branch" insofar as CNS seeks "same-day access" to new

23

civil unlimited jurisdiction complaints "except as deemed permissible following the

24

appropriate case-by-case adjudication." (Compl., Prayer, ,-r 1 (emphasis added);

25

see also Compl.i f] 34.) Thus, CNS acknowledges that "same-day access" might

26

not be possible in all circwnstances (even if required, which it is not), and wants

27

this Court to resolve those situations.

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As Ad Hoc Committee warned, "[ w ]hile the state judiciary might appreciate
the additional resources, it would scarcely welcome the intermeddling
administration

with its

Ad Hoc Comm., 488 F.2d at 1246. This Court

which might follow."

should decline CNS's invitation to intermeddle with the California court system for
this reason.

See also Kaufman v. Kaye, 466 F.3d 83, 87 (2d Cir. 2006) ("[W]e

cannot resolve the issues raised here as to present assignment procedures
committing

without

to resolving the same issues as to the remedy chosen by the state and as

to the subsequent case-by-case
Second Department.

implementation

of the assignment procedures

in the

This is exactly what O'Shea forbids.").

10

12

CNS's Current Legislative Attempts For Relief Underscore
The Wisdom In This Court's Abstention.

2.

11

Case law consistently recognizes that decisions concerning budgets, staffing,

13

and procedural

14

or executive, rather than a judicial, power."

15

Hoc Comm., 488 F.2d at 1245 (ttln this nation, the financing and, to an important

16

extent, the organization

17

the people, through their legislature.").

18

Before filing its lawsuit here, CNS sought from the California legislature the very

19

same relief-albeit

20

matters of local agencies are best left to resolution by a "legislative

Jenkins, 515 U.S. at 133; see also Ad

of the judicial branches, federal and state, have been left to
And eNS knows this better than anyone.

on a statewide basis-that

it seeks here. (RJN, Ex. A.)

CNS's legislative effort supports abstention in at least three respects.

First,

21

SB 326 is still pending with the legislature, which will reconvene in January.

22

there is a risk that this Court's jurisdiction

23

intervening

24

with the state's legislative directive, causing confusion and uncertainty and wasting

25

precious resources.

26

Thus,

over the case could be mooted by

events. Even worse, this Court could render a decision inconsistent

Second, SB 326 demonstrates

that CNS's complaints about access are not

27

limited to one theoretically

anomalous

court. eNS actually contends that "timely"

28

access to newly filed unlimited civil complaints is a problem throughout
_ 14 _

thy state.

-'Memo Supporting Mohon to tilsmlss and
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(Id., Ex. B.) Thus, if the Court were to entertain this action, it is likely to become
embroiled not just in the administration
administration

of the entire state judicial branch-an

intermeddling

that O'Shea intended to prevent.

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of the Ventura Superior Court, but in the

Third. SB 326 demonstrates

the arbitrariness

exponentially

ofCNS's

greater level of

position.

Prior to

2010, CNS did not visit Ventura Superior Court every day (and even then
apparently reported only on new filings from only one of Ventura's
courthouses),

and therefore had no need for "same-day access."

three

(Compl., ~~ 22-

25.) In late 2010, it changed its business model to increase coverage of that court
and began sending a reporter daily. (Id.,,-r 25_) Now, through its Complaint,

CNS

seeks "same-day access" to newly filed unlimited civil complaints

filed in Ventura

Superior Court. Through SB 326, however, CNS seeks "same-day

access" to

newly filed unlimited civil complaints
determines

(in its sole discretion) that other types of filings are "newsworthy"

~ 15), it may seek "same-day
contend that "same-day
access.

filed throughout the state. And, as eNS
(id.,

access" to those. Indeed, at some point, CNS may

access" is no longer sufficient; it must be "within the hour"

But this Court has no obligation, much less prudential need, to conform the

law to CNS' s ever-changing

business model. If anything, the law should require

eNS to change its model to adapt to the reasonable

access that it already is

provided.
In short, "the proposed cure" that CNS seeks would be worse "than the
disease."

Ad Hoc Comm., 488 F.2d at 1246. This Court should exercise its

discretion to equitably abstain from hearing this action accordingly.

24
25
26

27

B.

This Court Should Abstain From Hearing This Matter Pursuant
To Railroad Comm'n of Texas v. Pullman Co.

Abstention

doctrines do more than prevent federal courts from intruding

upon the prerogatives

of states to structure and fund their own governmental

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institutions.

Abstention

"unnecessary

doctrines also honor comity and federalism by avoiding

friction in federal-state

relations, interference

with important state

functions, tentative decisions on questions of state law, and premature
constitutional

adjudication."

Pearl Investment Co. v. City and County of San

Francisco, 774 F.2d 1460, 1462 (9th Cir. 1985), cert. denied, 476 U.S. 1170 (1986)
(internal quotations omitted).
announced

Hence, under a separate abstention doctrine first

in Railroad Comm 'n of Texas v. Pullman Co., 312 U.S. 496, 500-01,61

S. Ct. 643, 85 L. Ed. 971 (1941), "federal courts should abstain from decision when
difficult and unsettled questions of state law must be resolved before a substantial
federal constitutional

question can be decided."

U.S. 229, 236, 104 S. Ct. 2321,81

Hawaii Hous. Auth. v. Midkiff, 467

L. Ed. 2d 186 (1984).

In the Ninth Circuit, federal courts have the discretion to abstain under

Pullman when: "(1) The complaint touches a sensitive area of social policy upon
which the federal courts ought not to enter unless no alternative to its adjudication
is open[;] (2) Such constitutional

adjudication plainly can be avoided if a definitive

ruling on the state issue would terminate the controversy[;
determinative

issue of state law is doubtful.'

and] (3) The possibly

Smelt v. County of Orange, 447 F.3d

673, 679 (9th Cir.), cert. denied, 549 U.S. 959 (2006); see generally Canton v.

Spokane Sch. Dist. # 81, 498 F.2d 840 (9th Cir. ·1974).
Pullman and its progeny create a narrow exception to a federal court's duty
to adjudicate claims properly before it. E.g., County of Allegheny v. Frank

Mashuda Co., 360 U.S. 185, 188,3 L. Ed. 2d 1163, 79 S. Ct. 1060 (1958).
Nonetheless,

Pullman abstention warrants careful consideration

because all three of

the factors enunciated by the Ninth Circuit are present in this case. To start, as
explained above, the Complaint here asks this Court to become the overseer of the
administrative

operations of the Ventura Superior Court, and to decide, apparently

on a case-by-case

basis, whether access to newly filed unlimited civil complaints

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must be granted on a "same-day basis." Pullman abstention is appropriate in this
circumstance because "federal courts owe deference to their state counterparts in
situations where public perceptions of the integrity of the state judicial system are
affected." Hughes v. Lipscher, 906 F.2d 961. 967 (3d Cir. 1990); see also
Almodovar v. Reiner, 832 F.2d 1138, 1140 (9th Cir. 1987) ("the 'sensitive social
. policy' prong ... recognizes that abstention protects state sovereignty over matters
of local concern, out of considerations of federalism, and out of scrupulous regard
for the rightful independence of state governments").
As for the second and third Pullman factors, resolution of at least two
unsettled questions of state law could obviate the need for this action in its entirety.
As noted above, Government Code section 68150(1) already provides that court
records of all types "shall be made reasonably accessible to all members of the
public for viewing and duplication .....

" Cal. Gov't Code § 8150(1) (emphasis

added). However, as CNS and other sponsors of SB 326 have already
acknowledged, the term, "'reasonable access' is not defined under existing law."
(RJN, Ex. Bat 2.)
Much the same can also be said of CNS' s third claim for relief for violation
of Califomia Rule of Court 2.550. This Rule of Court provides that "court records
are presumed to be open," and permits trial courts to seal a court record only when
"(I) There exists an overriding interest that overcomes the right of public access to
the record; (2) The overriding interest supports sealing the record; (3) A substantial
probability exists that the overriding interest will be prejudiced ifthe record is not
sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive
means exist to achieve the overriding interest." Cal. R. ct. 2.550(c) & (d); see also
Compl., ~~ 41-42 (quoting these provisions). It certainly is an open and unsettled
question whether these Rules of Court somehow recognize an enforceable right to
"same-day access" to newly filed unlimited civil complaints.

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As explained in greater detail below (see infra Section ill), the Eleventh
Amendment

precludes a federal court from ruling on eNS' s state-law claim. In any

event, a state court ruling requiring "same-day
civil complaints pursuant to Government

access" to newly filed unlimited

Code section 68150(1) or Rule of Court

2.550 would, of necessity, obviate the need for this Court to rule on the First
Amendment

issues eNS presses here. Pullman abstention is warranted for this

See C-Y Dev. Co. v. Redlands, 703 F.2d 375,377-78

reason.

(9th Cir. 1983)

("[T]he assumption which justifies abstention is that a federal court's erroneous
determination

of a state law issue may result in premature or unnecessary

constitutional

adjudication,

statutes.

and unwarranted

interference with state programs and

A state law question that has the potential of at least altering the nature of
questions is thus an essential element of Pullman

the federal constitutional
abstention.")

(citation omitted); Canton, 498 F.2d at 845 ("With regard to elements

(2) and (3) [of the Pullman abstention test], it is crucial that the uncertainty
state law be such that construction

in the

of it by the state courts might obviate, or at least

delimit, decision of the federal (constitutional)

question.").

17
18
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21

II.

CNS'S FmST AND SECOND CLAIMS FOR RELIEF FAIL TO
STATE A CLAIM FOR A CONSTITUTIONAL OR FEDERAL
COMMON LAW "RIGHT" OF SAME-DAY ACCESS TO NEWLY
FILED UNLIMITED CIVIL COMPLAINTS.
Even if 0 'Shea and Pullman abstention doctrines could not be invoked here,

CNS's first and second claims for relief should be dismissed for failure to state a

22

As noted above, CNS alleges that it has both a

claim as a matter oflaw.
23
24

constitutional

and common-law

access must be timely.

(CompI.,

25
dispute either proposition;

right of access to court records, and that such

mr 32,37.)

Ventura Superior Court does not

as discussed above, even the California Government

26
Code mandates "reasonable
27

access" to all court records.

§ 68150(1). But CNS then takes the unsupportable

28
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Cal. Gov't Code

leap that timely access to court
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records equates to "same-day access".

(CompI.,

-u'tf 32,37.)

No such right exists

under the law.

3
4

A.

The First Claim For Relief Should Be Dismissed Because The First
Amendment Does Not Guarantee Same-Day Access.

5

1.

6
7

8
9
10

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First Amendment Public Rights Of Access To Court
Records Are Governed By "Experience And Logic." .

In Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 579-81, 100 S. Ct.
2814, 65 L. Ed. 2d 973 (1980). the Supreme Court held for the first time that the
First Amendment

gave the press and public an affirmative qualified right of access

to criminal court proceedings.
evaluating First Amendment
concurring),

The Court identified two related criteria for
right of access, id. at 588-89 (Brennan, Marshall, JJ,

which it later termed "considerations

whether the place and process have historically
public (Le., "experience");

of experience

and logic:"

(1)

been open to the press and general

and (2) whether public access plays a significant

positive role in the functioning

of the particular process in question (i.e., "logic").

Press-Enterprise Co. v. Superior Court, 478 US 1, 8, 106 S. Ct. 2735,92 L. Ed. 2d
1 (1986) (Press-Enterprise II). Both criteria must be satisfied to establish a
qualified right to access.

2.

CNS cannot satisfy either.

Historic "Experience" Does Not Recognize A Right To
Same-Day Access To Court Records.

20

a. There Is No Historic Right To Same-Day Access As A
Matter Of Law.

21

22
23
24
25
26
27

Since Richmond, the Supreme Court has revisited the First Amendment
of access only in the context of criminal proceedings.

right

See Globe Newspaper Co. v.

Superior Court, 457 U.S. 596,606-11,

102 S. Ct. 2613, 73 L. Ed. 2d 248 (1982)

(closing proceedings

of underage rape victim unconstitutional);

during testimony

Press-Enterprise Co. v. Superior Court, 464 U.S. 501, 508-13, 104 S. Ct. 819, 78
L. Ed. 2d 629 (1984) (closing voir dire in criminal case unconstitutional

28
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in light of

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importance

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of that process to the criminal justice system and the long history of

public voir dire); Press-Enterprise II, 478 U.S. at 10-15 (qualified First
Amendment

right of access to criminal proceedings

as conducted in California);
391-92,99

applies to preliminary

hearings

cf. Gannett Co., Inc. v. DePasquale, 443 U.S. 368,

S. Ct. 2898,61 L. Ed. 2d 608 (1979) (assuming, without deciding, a

First Amendment
Amendment

right of access to attend criminal trial and holding First

was not violated by orders excluding members of public and press

from pretrial suppression hearing and temporarily
suppression

denying access to transcript of

hearing).

Although several lower federal and state courts have extended the public's
First Amendment

right of access to civil proceedings

and related court records,

none has held that (or even considered whether) access to civil case filings must
occur the same day they are filed or otherwise submitted to a court. See, e.g., New

York Civil Liberties Union v. New York City Transit Auth., 652 F.3d 247,250-51
(2d Cir. 2011) (permanently enjoining on First Amendment
Authority's
proceedings);

policy precluding

public access to administrative

grounds City Transit
adjudicatory

Rushford v. New Yorker Mag., 846 F.2d 249,253

(applying "the more rigorous First Amendment
connection with a summary judgment

(4th Cir. 1988)

standard to documents filed in

motion in a civil case" and ordering sealed

documents unsealed, save those subject to a protective

order); NBC Subsidiary

(KNBC-TV), Inc., 20 Cal. 4th at 1181-82 (concluding trial court's order excluding
public and press from high profile civil trial violated First Amendment
access to "ordinary civil trials and proceedings");
Cal. App. 4th 1045, 1052-53, 1060-62,37

In re Marriage of Burkle, 135

Cal. Rptr. 3d 805 (2006) (holding

facially invalid statute requiring sealing of pleadings
party request; under First Amendment

right of

in divorce proceedings

upon

strict scrutiny statute was not narrowly

27
28
_ 20 _

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11-08083 R (MANx)

FER71

Cas

1
2

2: 11-cv-08083-R

-MAN

Document 21 Flied 10/20/11
#:422

Page 28 of 32 Page ID

tailored to serve overriding privacy interests in light of presumption of openness to
civil court proceedings).

3
b. The Courtesies Extended To eNS By Some Courts Does

4

Not Otherwise
Day Access.

5
6

Establish

An Historic Right To Same-

CNS alleges a "tradition" of "same-day access" to new unlimited civil

mr 11-14

7

complaints based on its experience with other court procedures. (CompI.,

8

& Ex. 1.) Closer scrutiny of CNS's claims, however, shows that they establish no

9

such right.

10

eNS identifies courts in only 23 ofthe 50 states where it is allegedly

11

provided "same-day access" to new civil complaints. (Id.) Moreover, many of

12

those courts employe-filing systems that dramatically reduce the processing

13

burdens on clerk office staff, which contrasts sharply with Ventura Superior Court.

14

And within California, CNS alleges the courtesy of "same-day access" at only

IS

seven of approximately 532 court locations within California's 58 counties. (Id. at

16

23,25,27,29-31.)

17

anything, much less warrant imposition of a right to "same-day access."

18

19

20
21

22
23
24
25

26
27
28

3.

This deficient sampling does not constitute a "tradition" of

"Logic" Does Not Recognize A Right To Same-Day Access,
Either.

The "logic" prong of the Supreme Court's two-part test inquires whether
public access plays a significant positive role in the functioning of the particular
process in question. Press-Enterprise II, 478 US at 8. CNS suggests that local
court considerations-including

budgets constraints, court caseloads, personnel

capacities, and priorities of other court business-must

bow to the

"newsworthiness" of newly filed unlimited civil complaints in the short Window
between when they are received by the court for processing and then filed. (See
Compl., ~ 10.) But the lack of contemporaneous news reporting does not itself
diminish the significance of the news reports, even in the criminal context:
_ 21 -

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11·08083 R (MANx)

FER72

Cas 2: 11-cv-08083-R

-MAN Document 21

Filed 10/20/11

Page 29 of 32 Page 10

#:423

1
2
3
4

5
6

We recognize the worth of timely news reported on the front page
and, by contrast, the diminished value of noteworthy, but untimely,
news reported on an inside page. Implicit in that assessment,
however. is the fair assumption that significant news will receive the
amount of publicity it warrants. The value served by the first
amendment right of access is in its guarantee of a public watch to
guard against arbitrary, overreaching, or even corrup-t action by
participants in judicial proceedings. Any serious indication of such an
Impropriety, would, we believe, receive significant exposure in the
media, even when such news is not reported contemporaneously with
the suspect event.

823 F.2d 111, 119 (5th Cir. 1987) (emphasis added).

7

United States v. Edwards,

8

Thus, even where the Supreme Court historically has been the most protective,

9

there has been no recognized right of "same-day access" to such records.

10

The public's interest in being on "watch" at the case-initiation stage of a civil

11

case is far less pronounced, if it exists at all, than in pending criminal proceedings

12

where it has been held there is no right to contemporaneous access to judicial

13

records. See id. at 118 (concluding that "the first amendment guarantees a limited

14

right of access to the record of closed proceedings concerning potential jury

15

misconduct and raises a presumption that the transcript of such proceedings will be

16

released within a reasonable time") (emphasis added).

17

Moreover, courts have long recognized that alleged delays in case

18

adjudication-s-not unlike delays in judicial administration generally-c-are an "old

19

story and a traditional source of exasperation to litigants." Lucien v. Johnson, 61

20

F.3d 573, 574 (7th Cir. 1995) (noting that "when the relief sought is an order to the

21

delaying agency to hurry up, the seeker's prospects are, as a practical matter, very

22

close to nil"). Nevertheless, outside the criminal arena (which constitutionally

23

mandates the right to a speedy trial), it is "exceedingly difficult to obtain a remedy

24

against delay by an adjudicative body" because "[h]ann from delay is difficult to

25

prove, and judges are reluctant to order other judges (or their administrative

26

counterparts) to hurry up." Id.; see, e.g., Cleveland Bd. ofEduc. v. Loudermill, 470

27

U.S. 532, 547, 105 S. Ct. 1487,84 L. Ed. 2d 494 (1985); Los Angeles Cnty. Bar

28

Ass 'n, 979 F .2d at 706-07 ("Given the risks to the quality of judicial decision_ 22 _

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11-08083 R (MANx)

FER73

Cas 2:11-cv-08083-R

1
2
3

4
5

6
7
8
9

10
11
12

13
14

-MAN Document 21 Filed 10/20/11
#:424

Page 30 of 32 Page 10

making implicit in hasty or forced action, we are unwilling to suggest that the
Constitution

may dictate or even countenance

a time limit on the consideration

a

judge may give to a civil case.").
Here, there is no harm from the reasonable access CNS already receives at
Ventura Superior Court. CNS has failed to identify a single subscriber that has
lamented eNS's

purportedly

delayed reporting.

instance where any alleged delay in processing

eNS has failed to identify one
a new complaint meant that eNS

lost out on an opportunity to timely report on an event. In fact, exactly the opposite
is true. eNS touts itself as such a trusted source for timely reporting on key
litigation events that numerous other news sources use CNS's reporting as a jumpoff for their own reporting, which often occurs many days after CNS's reporting.

(See Compl., IIjf 17.) Thus, there is no "logic"-based
access should be recognized,

reason why a same-day right of

much less compelled, here. The first claim for relief

should be dismissed accordingly.

15
16
17
18
19

20
21
22
23

24
25

26
27

B.

The Second Claim For Relief Should Be Dismissed Because
Federal Common Law Does Not Guarantee Same-Day Access.

Although there exists a general common law right to inspect and access
judicial records, that right is likewise qualified and affords even less substantive
protection

to the interests of the press and public than does the First Amendment.

Nixon v. Warner Communications, Inc., 435 U.S. at 598; Rushford, 846 F.2d at 253.
Moreover, eNS's

reliance on this general common-law

right of access is

insufficient to state a claim under 42 V.S.C. § 1983 because, despite CNS's
suggestion to the contrary, Ventura Superior Court does not have a "blanket rule"
preventing
complaints.

CNS from accessing and inspecting all civil unlimited jurisdiction
(CompI., IIjf 38.) Indeed, that very notion is belied by CNS's allegations

elsewhere that detail (albeit with questionable
to which they have "same-day access."

accuracy) the number of complaints

(Jd.,,-r 29.)

28
_ 23 -

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11-08083 R (l'v1ANx)

FER74

Cas 2:11-cv-08083-R

-MAN

Document 21

Filed 10/20/11

Page 31 of 32 Page 10

#:425

1
2
3
4

As with its First Amendment

claim, though, eNS fails to identify any

authority that would support a common-law

right of access claim for failure to

provide "same-day access" to civil complaints.
be dismissed

The second claim for relief should

accordingly.

5
6
7

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

25
26
27

III.

THE ELEVENTH AMENDMENT BARS CNS'S THIRD CLAIM FOR
RELIEF FOR VIOLATION OF RULE OF COURT 2.550.
The Eleventh Amendment

jurisdictional
injunctive

to the United States Constitution

operates as a

limit on the Court's power, and bars suits that seek either damages or

relief against a State, an arm of the State, as well as the instrumentalities

and agencies of a State. U.S. Const., Amend XI; Durning v. Citibank, NA., 950
F.2d 1422, 1422-23 (9th Cir. 1991)~ Cal. Mother Infant Program v. Cal. Dep 't of

Corrs., 41 F. Supp. 2d 1123, 1125 (S.D. Cal. 1999).
Lawsuits against state officials in their official capacity are nothing more
than attempts to sue the State, and thus also are barred. Kentucky v. Graham, 473
U.S. 159, 164-66, 105 S. Ct. 3099,87

L. Ed. 2d 114 (1985); Will v. Michigan Dep 't

of State Police, 491 U.S. 58,71, 109 S. Ct. 2304, 105 L. Ed. 2d 45 (1988) (holding
that '" arms ofthe State' for Eleventh Amendment

purposes"

are not liable under §

1983); Cent. Reserve Life of N Am. Ins. Co. v. Struve, 852 F.2d 1158, ·1160 (9th
Cir. 1988) (affirming district court's conclusion that Eleventh Amendment
precluded

prosecution

of state claims against a state official).

state courts are arms of the state for Eleventh Amendment

Settled law holds that

purposes.

Greater L.A.

Council on Deafness, Inc. v. Zolin, 812 F.2d 1103, 1110 (9th Cir. 1987). And the
Ninth Circuit has specifically
representative

held that lawsuits against court employees

capacities are subject to the Eleventh Amendment:

state a claim against the Sacramento

in their

"Plaintiff cannot

County Superior Court (or its employees),

because such suits are barred by the Eleventh Amendment."

Simmons v.

Sacramento County Superior Court, 318 F.3d 1156, 1161 (9th Cir. 2003); see also

28
_ 24 _

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11-08083 R (MANx)

FER75

Cas 2:11-cv-08083-R -MAN Document 21

Filed 10/20/11 Page 32 of 32 Page 10

#:426

1

2
3
4

5
6
7

8
9
10
11

Cal. Gov't Code § 811.9 ("[C]ourt executive officers ofthe superior courts are state
officers .... "),
Here, eNS alleges a claim for violation of California Rule of Court 2.550
against Mr. Planet, sued in his official capacity as Executive Officer and Clerk of
the Superior Court of California, County of Ventura. That claim is barred by the
Eleventh Amendment. Pennhurst State School & Hosp. v. Helderman, 465 U.S.
89, 106, 104 S. Ct. 900, 79 L. Ed. 2d 67 (1984) ("[I]t is difficult to think of a
greater intrusion on state sovereignty than when a federal court instructs state
officials on how to conform their conduct to state law.· Such a result conflicts
directly with the principles of federalism that underlie the Eleventh Amendment.").
eNS's third claim for relief should be dismissed accordingly.

12

13
14
15

CONCLUSION
For all these reasons, Ventura Superior Court's motion to abstain and dismiss
should be granted, and this action should be dismissed in its entirety. .
Dated: October 20, 2011

16

Respectfully submitted,
JONES DAY

17
18

By: lsi Robert A. Naeve
Robert A. Naeve

19
20

Attorneys for Derendant
MICHAEL PLANET, IN IDS OFFICIAL
CAPACITY AS COURT EXECUTIVE
OFFICER/CLERK OF TIIE VENTURA
COUNTY SUPERIOR COURT

21

22
LAl·3JS18S0

23
24
25

26
27
28
_ 25 _

Memo Supporting Motion to Dismiss and
Abstain Case No. CV 11·08083 R (MANx)

FER76

Case 2:11-cv-08083-R
00/00/2011

-MAN

Document 8

U: 10: 27 FAX [phone]

Filed 09/29/11

Page.1 of 52 Page ID #:281

.NATIONWIDE
r;g"GAL

1

COpy
~

1 Rachel Matteo-Boehm (SBN 195492)

2

[e-mail]

3
4

David Greene (SBN 160107)
[e-mail]
Leila C. Knox (SBN 245999)

r

13

;

;.-

~
.

?.!

,-

1

:..
!~
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...

..

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VI
-t

CV11-08083U~AlJ~

CASENO.__ ~~=-

Courthouse News Service,

DECLARATION

Plainti~"

16

Michael Planet. in his official capacity
Ventura. County Superior Court.

20
Defendant.

21

OF CHRISTOPHER

MOTION OF COURTHOUSE

Court Executive Officer/Clerk of the

22

-=

MARSHALL IN SUPPORT OF

v.

17

19

-0
N
\0

:~'-' C", "

15

18

(;')

m

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
,..

12
14

..

!"

r
i

Attorneys for Plaintiff
COURTHOUSE NEWS SERVICE

11

:~
";,r;

f

HOLME ROBERTS & OWEN LLP
560 Mission Street,-Suite 250
San Francisco, CA 94105-2994
Telephone: [phone]

8 Facsimile: [phone]
9
[0

n,....~-

,

[e-mail]
5
6
7

,

:.:.:

-=

8S

NEWS

SERVICE FOR PRELIMINARY

INJUNCTION
Date:

Nov. 7, 2011

Time;
Courtroom:
Judge:

10:00 am

23

24

I. Christopher Marshall, declare and state as follows:

2S

1.

I serve as Northern California Bureau Chief for Courthouse News

26

Service C~Courthouse News"), the plaintiff In the above-captloned action. [have

27

personal knowledge of the following facts" and could testify to them if called as a

28

witness.

DI!CLARATION OF CURISTOPHER MARSHALL
f6l199 ..llIr

FER77

ase 2:11-cv-08083-R

1

2.

-MAN

Document 8

Filed 09/29/11

I began working for Courthouse

Page 2 of 52

News, a nationwide

Page 10 #:282

legal news service,

2

in August 2006. I started out as the Silicon Valley Reporter, reporting on new civil

3
4

Court, and then became the San Francisco
,
Federal Reporter, reporting on new "filings at the United States District Court for the

5

Northern District of California.

6

as bureau chief, which encompasses

7

Although my official title is Northern California Bureau Chief, it is somewhat a

8

misnomer,

9

California, but are also located in Southern California and Nevada.

filings at the Santa Clara County Superior
"

In June 2007, I was promoted to my current position
both administrative

and editorial duties.

in that the reporters I supervise are not exclusively

located in Northern
In all, I supervise

10

fourteen reporters and five researchers

11

civil complaints

12

California superior courts for the counties of Alameda, Contra Costa, Kern, Marin,

13

Monterey, Napa, Sacramento,

14

Obispo, San Mateo, Santa Barbara, Santa Clara, Sonoma, Stanislaus and Ventura; the

15

Eighth Judicial District Court in Las. Vegas; and United States District Courts for the

16

Northern District of California, the Eastern District of California, and the District of

17

Nevada.

18

Courthouse

19

Francisco to report on new civil complaints

20

who are assigned to provide coverage of new

filed in state and federal courts in California and Nevada, including

San Benito, San Francisco,

San Joaquin, San Luis

In addition, I continue to serve as the San Francisco Federal Reporter for

3.

News.

As such, I make daily visits to the U.S. District courthouse in San
filed in that court.

In the course of my duties as Northern California Bureau Chief, I am in

21

frequent contact with the reporters that I supervise regarding their reporting activities

22

at the courts that they cover. From time to time, I visit state and federal courts that are

23

under my supervision

24

in place in these courts, and frequently

25

courts in discussions

26

courts.

27

federal courts in California for providing news reporters with access to case-initiating

28

documents

in order to stay current with access and other procedures that are
engage clerk's office officials at the various

regarding news coverage of new civil complaints

As such, I have developed personal knowledge

filed at those

of the procedures

at state and

in civil cases. In both state and federal courts, it is both traditional and
2

DECLARATION
N68199

OF CHRISTOPHER

MARSHALL

vi •• f

FER78

ase 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page 3 of 52

Page ID #:283

1

common to provide reporters who visit every day with access to the civil complaints

2

filed earlier that same day. Courthouse

3

timely access as "same-day access."

4

provided

5

the time of the reporter's

This access has traditionally

visit to the court.

For example, at the San Francisco Division of the U.S. District Court for

7

the Northern District of Calif ami a, the court that I personally

8

reporters

go behind the counter and.reviewnew
..

9

regardless

and continues to be

regardless of whether the day's new complaints have been fully processed at

4.

6

News frequently refers to this traditional and

complaints

cover on a daily basis,
filed earlier that day,

.

of whether the complaints have been fully processed or posted on PACER.

10

(In the Northern District, complaints are not e-filed, but rather are filed in paper forrn.)

11

They also have access to the "transfer boxes" of new actions being sent to different

12

divisions of the court, and are provided with a copy of the intake log that lists newly

13

filed complaints.

14

District of California, which is one of the courts under my supervision,

15

behind the counter to review a list of all new civil complaints filed earlier that day,

16

and then obtain complaints directly from individual clerks' desks. Reporters can then

17

review and scan any newsworthy

18

desks.

19

5.

At the San Jose Division of the U.S. District Court for the Northern

complaiuts

reporters go

before returning them to the clerks'

At the California superior courts for the counties of San Francisco and

20 Santa Clara, both of which I ~lsod~uiJervis~tor Courthouse News, new complaints are
21

placed in a media box, available to news reporters for viewing before they have been

22 fully processed.
23 identification

At the San Francisco County Superior Court, the reporter provides

and then is allowed to go behind the counter in the clerk's office to

24

conduct this review.

25

her review on the public side of the counter, but the procedures

At the Santa Clara County Superior Court, the reporter conducts
are essentially the

26 same: new unlimited civil jurisdiction complaints are made available for review upon
27
28

3
DECLARA nON

OF CHRlSTOPHER

MARSHALL

#68199 \'1 ssf

FER79

ase 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page

of 52

Page 10 #:28

II

1

receipt of the filing fee, the assignment ofa case number, and the assignment of a first

2

status conference date, even though processing of the complaint is far from over at

3

this juncture. Same-day access to newly filed complaints is also provided at the

4

California superior courts for the County of Alameda (at the Rene C. Davidson

5

Courthouse) and the County of Contra Costa, both of which are also under my

6

supervision in my work for Courthouse News. Those courts provide access after a

7

certain amount of additional processing has been completed but they still provide the

8

traditional same-day access. In all of these courts, complaints are filed in traditional

9

paper form,

10

6.

The Eighth Judicial District Court in Las Vegas, Nevada, another of the

11

courts that I supervise as a regional bureau ~hief for Courthouse News, also provides

12

Courthouse News' .reporter with same-day access to newly filed civil complaints.

13

Indeed, Courthouse News' experience' with that court shows that providing the news

14

media with same-day access to new complaints is possible both in the traditional

15

paper and e-filing environments. Prior to that court's transition to mandatory e-filing

16

in February 2010, court officials provided Courthouse News' reporter with paper

17

complaints filed earlier that day, regardless of whether they had been fully processed.

18

Following the switch to mandatory e-filing, which included e-filing of complaints, the

19

court began requiring news reporters to review new complaints at a computer terminal

20

in the clerk's office, but this system resulted in complaints not being available for

21

viewing until the day after they were filed. The reason for these delays was that new

22

complaints did not appear on the computer terminals until after they had been

23

"accepted" by the clerk's office, and onlyafter the terminals had been updated to

24

reflect the new filings. After Courthouse News brought these delays to the attention

25

of the court, the court adopted a new system: an electronic in-box (or, more precisely,

26

a feature called '<Daily Documents") through which reporters essentially see exactly

27

what staffers in the clerk's office see as new complaints flow in throughout the day.

28

Complaints can be viewed on a computer terminal as soon as they cross the electronic
4
DECLARA nON OF CHRISTOPHER
N68199

MARSHALL

vi •• f

FER80

ase 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page 5 of 52 Page ID #:285

of the intake counter at the clerk's office, even if court staff has not yet had

1

equivalent

2

a chance to review the complaint,

3

viewing.

4

Eighth Judicial District Court has provided Courthouse

5

access to new civil complaints

6

processed..

7

process it, and/or manually upload it for electronic

Thus, in both the ~aditi~rihl

7.

The Courthouse

pa;et and new e-filing

environments,

the

News' reporter with same-day

whether or not those complaints have been fully

News reporter assigned to cover the Ventura County

8

Superior Court is Julianna Krolak.

It is my understanding

that she has been covering

9

the court since 2001, although I did not begin supervising

her work at the court until

10

April 2007, when I began training for the position of bureau chief, which I took over

11

in full in June 2007. At the time, Ms. Krolak was visiting the court once each week.

12

In the Ventura County Superior Court, as with all other California superior courts, it is

13

Courthouse

News' practice to only review the new "unlimited" jurisdiction

14

complaints

(in general, those complaints where the amount in controversy

15

$25,000).

16

claims that were filed with the former-municipal

17

controversy

Ms. Krolak does not

r~~l~~~i
limifed

cannot exceed $25,000.

jurisdiction

civil
exceeds

complaints - i.e., the

courts and where the amount in

Ms. Krolak also does not review other case

18 types, such as criminal or small claims cases.
19

8.

Up until early 2008, on each of her weekly visits to the Ventura County

20

Superior Court, it is my understanding

21

majority of the new unlimited civil jurisdiction

22

her last visit. I reached this understanding

23

Krolak and by examining her weekly reports, which include the filing date for each

24

complaint.

25

procedure

26

new unlimited

that Ms. Krolak was able to review the large

Based on my discussions

complaints that had been filed since

based on my conversations

with Ms.

with Ms. Krolak, it is my understanding

that the

she used to review new unlimited civil complaints was as follows: since
civil complaintswere

numbered sequentially,

court staff simply

,;

27
28

5
DEC LARA TION OF CHRISTOPHER

MARSHALL

#68199 vi •• r

FER81

ase 2: 11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page

of 52

Page 10 #:28

1 provided her with all cases faIling within a specified number range. Even though
2

there often were a large number of complaints, it is my understanding that because the

3

complaints were consecutively numbered and grouped together, they were easily

4

retrieved from the shelves. Ms. Krolak could then review each individuai complaint

5

and, based on the case type and cause of action, determine whether the complaint

6

warranted news coverage. Ms. Krolak also.reviewed complaints located in the court's

7

designated "media bin," which contained c~mplaints the court considered to be of

8

Likely press interest.

9
10

',.

9.

.1

Beginning in early 2008, however, the clerk's office made a series of

small and large changes that made Ms. Krolak's review of new civil complaints less

11 timely and more difficult. First, Ms. Krolak informed me that the court had limited
12 the number of files that she could review per visit to 200, even though the cases she
13 was requesting were sequentially numbered and grouped together and could be
14 retrieved from a single location. In many instances, she was not provided with all of
15 the sequentially numbered complaints that she had requested, which meant she had to
16

stand in a new line to request the missing cases, She also was not permitted to review

17

both cases that she had requested and cases that were located in the media bin at the

18

same time, which again made it necessary to stand in another line to obtain the media

19 bin cases. Ms. Krolak informed me that thelines were often long, and therefore
20

requiring her to stand in multiple lines to review all of the complaints that had been

21

filed since her previous visit made it significantly more difficult for her to conduct her

22

news reporting. I attempted at various times to resolve these issues with Linda

23

Daniels, a supervisor in the clerk's office, as well as Records Manager Peggy Yost.

24

Unfortunately, these efforts proved unsuccessful, and Ms. Krolak: told me that she

25

continued to have difficulty with respect to her news reporting activities.

26

10,

Then, in March 2009, Ms. Krolak informed me that the court had

27

instituted a new rule limiting reporters to viewing only twenty-five complaints per

28

day. As Ms. Krolak explained to me, because of these limitations, she determined that
. '6,
DECLARATION

OF CHRlSTOPHER

MARSHALL

#~SI99vl oaf

FER82

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2'.

1 rather than simply reviewing a stack of sequentially numbered files as she had done in
2 "the past, she would need to request specific complaints individually by filling out a
3

separate request form for each complaint she wished to see in order to report on the :

·4 most newsworthy new filings. Ms. Krolak further explained to me that since there
5

were often more than fifty potentially newsworthy civil unlimited cases filed in any

6

given week, this meant she could no longer monitor all of the newsworthy new

7

complaints by simply visiting the court once a week, as she had done in the past. In

8

addition, Ms. KroLak was only allowed to request five complaints at a time, and not all

9

of the cases she requested were made available to her for review. Even ifnone of the

10

five cases she requested was provided to her, she was required to wait in line again -

11

usually for thirty minutes and sometimes for an hour or more - to request her next

12

batch of five cases. Each case she requested counted toward her twenty-five-file limit,

13

even if it was not made available for review. These procedures resulted in significant

14

delays in access to newly filed complaints.

15

11.

By letter dated April 29, 2009, Courthouse News' counsel wrote to Court

16 Executive Officer Michael Planet to bring these concerns to his attention, outline
17

some possible solutions and suggest an in-person meeting to discuss the matter

18

further. A true and correct copy of this letter is attached as Exhibit 1. It is my

19

understanding that after this letter was sent, Mr. Planet and Cheryl Kanatzar, the

20

Deputy Executive Officer, had a telephone conversation with Courthouse News'

21

counsel in which they discussed the matter further.

22

12.

By letter dated May 13,2009, the court sent a written response to our

Ms. Kanatzar

23

counsel's letter. In that letter,

explained that the court had implemented

24

a new electronic case management system (which I now understand to be the

25

California Case Management System, often referred to as "CCMS"), and that it had

26

since changed the numbering system of the court's files. Instead of each case type

27

having a separate sequentiaUy numbered system, a single sequential numbering

28

system now covered many case types, including limited civil, unlimited civil, small
7
DECLARA nON
1168199 vi ..

r

OF CHRISTOPHER

MARSHALL

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claims, mental health, and probate. Thus. Ms. Kanatzar wrote, it would no longer be

2

possible for the court to simply provide reporters with a block of sequentially

3

numbered cases without first verifying the case types. However, Ms. Kanatzar

4

suggested that certain other changes might be possible that would facilitate Ms.

5

Krolak's review of unlimited civil filings. A true and correct copy of Ms. Kanatzar's

6

May 13,2009, letter is attached as Exhibit 2.

7

13.

On June 9, 2009, I participated in an in-person meeting at the Ventura

8

County Courthouse together with Ms. Kanatzar, Ms. Yost and Ms. Daniels to further

9

discuss potential solutions to the access problems Ms. Krolak had been experiencing.

10

That meeting led to a solution ultimately devised by the clerk's office that, as I

11

understood it, involved placing newly filed civil unlimited jurisdiction complaints

12

directly into the media bin for review after only minimal processing. Ms. Krolak

13

would be permitted to access all of the complaints contained in the media bin, as well

14

as up to twenty-five additional 'cofuplaints, per visit, from the shelves. Ofthe

15

additional twenty-five complaints that Ms. Krolak would be permitted to request,

16

however, she was still only allowed to request five complaints at a time. Around this

17

same time, Ms. Krolak began visiting the clerk's office twice each week, instead of

18

only once a week as she had previously been doing.

19

14.

Initially, these procedures, in combination with her twice-weekly visits,

20

worked reasonably well to provide Ms~Krolak with timely and complete access to the

21

court's new unlimited civil complaints. A true and correct copy of an unsigned thank-

22

you letter to Ms. Kanatzar, which my records indicate was the final version of this

23

letter, and which I subsequently signed and sent to Ms. Kanatzar on or about July 23,

24

2009, is attached as Exhibit 3.

25

15.

Unfortunately, this access quickly deteriorated. Based on my discussions
-

~....

ol

26

with Ms. Krolak, my conclusi~n was' that staffers in the clerk's office were waiting

27

until newly filed complaints were fully processed before placing them in the media

28

bin, contrary to my understanding that new complaints would be placed in the bin
8
DECLARA TION OF CHRISTOPHER

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The deterioration

Page 9 of 52 Page ID #:289

1

after just minimal initial processing.

2

also led to a backlog of newly filed unlimited

3

Krolak needed to review, and she therefore had to request numerous individual

4

complaints

5

that she had to request up to twenty-five

On many of her visits, shefound

complaints (her limit for cases that were not
I

complaints,

.

7

civil jurisdiction

8

complaints

she wished to review.

9

complaints

she requested,

11

complaints that Ms.

••
=

.

contained in the media bin) in order-to 'see the entire flow of newly filed unlimited
I

10

civil jurisdiction

as part of her daily reporting activities.
,

6

of the media bin procedure

:

standing in a new and lengthy line for each group offive
Even with respect to those twenty-five

many were not available.

Delays in access ranged for the

most part from one to three calendar days, but were sometimes
16.

additional

significantly

longer.

In an effort to improve the quality of the Central Coast Report through

12

more timely reporting on new civil unlimited jurisdiction

13

Ventura County Superior Court, in November

14

began covering the court on a daily basis.

15

to daily coverage, and in light of the delays in access, I contacted the clerk's office

16

about the possibility

17

day access to newly filed unlimited jurisdiction

18

in other courts they visit on a daily "basis. A true and correct copy of an unsigned

19

letter to Ms. Kanatzar in which I made this request, and which my records indicate

20

was the final version of this letter, which I subsequently

21

Kanatzar on or about February 7, 2011; is attached as Exhibit 4.

22

17.

filed in the

2010, at my instruction, Ms. Krolak

Given that Courthouse

of adjusting its procedures

It is my understanding

complaints

News had switched

so that Ms. Krolak could have samecivil complaints, as news reporters do

signed and sent to Ms.

from Ms. Krolak that approximately

23

unlimited complaints

24

News be given access to all of the new unlimited complaints

25

did not seem to me to be unreasonable.

26

early March 2011 to discuss options.

fifteen new

are filed with the court each day, so my request that Courthouse
filed on a particular day

I spoke by telephone with Ms. Kanatzar in
While Ms. Kanatzar indicated a desire to

27
28

,
.-

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, 9DECLARA nON

OF CHRISTOPHER

MARSHALL

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1

improve on the delays, she also stated that the clerk's office would not provide same-

2

day access to newly filed unlimited jurisdiction civil complaints. At best, she said, the

3

court would attempt to provide next-day access. Subsequently, Ms. Kanatzar left me a

4

voice mail message advising me that beginning on March 14,2011, the clerks would

5

reprioritize how cases are processed, and Courthouse News should begin seeing

6

complaints within two days of filing.

7

18.

Working with Ms. Krolak, for the next three months, I monitored the

8

availability of new unlimited civil complaints to determine what effect, if any, the new

9

procedures would have in terms of delaysin access. Unfortunately, things went from

10

bad to worse, with same-day· access to new complaints a rare occurrence and delays in

11

access ranging from between one day and several weeks after filing.

(.

12

19.

i

l.

Having gotten nowhere in my attempts to resolve these delays in access

13

on my own, Courthouse News' counsel wrote to Mr. Planet on June 20,2011, once

14

again requesting that Courthouse News' reporter be given timely access to new

15

unlimited civil filings and suggesting possible ways in which this could be

16

accomplished. A true and correct copy of that letter is attached as Exhibit 5.

17

A true and correct copy of Mr, Planet's July 11,2011, response is attached as Exhibit

18

6. In that letter, Mr. Planet, citing the court's budget difficulties, stated, "While I

19

appreciate the Courthouse News Service's interest in same-day access, the Court

20

cannot prioritize that access above other priorities and mandates. Further, the Court

21

must ensure the integrity of all filih~~,incI~ding new filings, and cannot make any

22

filings available until the requisite processing is completed."

23

20.

By letter dated August 2,2011, Courthouse News' counsel respectfully

24

registered its disagreement with Mr. Planet' s assertion that public access to new

25

complaints could not be provided until after the complaints had been processed and

26

that delaying public access to new unlimited civil complaints was thus necessitated by

27
28
10
DECLARATION

OF CHRISTOPHER

MARSHALL

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1

budget difficulties that were delaying processing. A true and correct copy of that

2

letter is attached as Exhibit 7. It is my understanding that neither Courthouse News

3

nor its counsel has received any response to its August 2 letter. In the meantime, the

4

delays in access are continuing.

5

I declare under penalty of perjury under the laws of the United States that the

6

foregoing is true and correct. Executed at San Francisco, California on this 28th day

7

of September 2011.

8
9

Christopher Marshall

10
11
12
13

14
15
16
17
18
19

20
21

22
23
24
25
26
27
28
11

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Hohne Roberts & Owen lLP
AUomeyt at J.- .

SAN FRANCISCO

BOULDER

April 29, 2009
Michael D, Planet
Court Executive Officer
Superior Court of California
County of Ventura

Hall of Justice
800 South Victoria Avenue
Ventura, California 93009
COlORADO SPRINGS

Re:

Media Acoess to New.-Civil Fi1lngs

Dear Mr. Planet:
DEIIlVER

LONDON

LOS ANGELES

MUNICH

PHOENIX

SALT LAKE CITY

We represent Courthouse News Service. a nationwide news service for lawyers and the
news media You may recall Courthouse News' Northern California Bureau Chief
Christopher Marshall writing to you in June 2007 about certain difficulties Courthouse
News' reporter was then baving in accessing DeW civil filings at the Court. Following
that letter, the problems were quickly resolved. Unfortunately, the ability of the news
media to access new court filings has deteriorated since that time, and Courthouse News
is once again asking for your help in resolving the situation.
.
About Courtbouse

News Service

To refresh your recollection, Courthouse News is similar to other news wire services,
such as the Associated Press. except that Courthouse News focuses on a narrower subject
area: civil lawsuits, from the date offiling through the appellate level. Courthouse News'
subscribers include nearly 2.500 law firms throughout the country, including most of .
California's major firms, In addition, subscribers include other media organizations such
as the Los Angeles Times, The Dallas Morning News, The Boston Globe, the Associated
Press, and Fox News, ail of whom rely on Cowthouse News to provide them with timely
information about new civil cp:urt fiJing~ Courthouse News' web site.
www.courthousenews.com,
also featureS news reports about civil cases: and appeals.
Courthouse News does not report on criminal. family law, or other non-civil actions, and
in California, it reviews only unlimited jurisdiction civil complaints.
are its new litigation reports, which are
emailed to subscribers and contain a summary of aU significant new unlimited civil
complaints filed in a particular jurisdiction. For example, Courthouse News' Central
Courthouse News' core news publications

Rachel Matteo-Boehm 415.263.1996 ra!:[e-mail]
560 Mission Slree~ 25th ROOf San Frariclsal, Caifonria 94105-2994 tef 415.268.2000 fax 415.268,1999

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April 29, 2009
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Coast Report provides coverage of new complaints filed in the superior courts for Santa
Cruz, Monterey, San Benito, San Luis Obispo, Santa Barbara and Ventura counties,

Act.ess To Civil Records At Ventura County Superior Court
Courthouse News reporter Julianna Krolak has covered the Ventura County Superior
Court since 2003, and currently visits twice each week to review new unlimited
jurisdiction complaints. Up until early 2008. Ms. Krolak was able to review all of the
new unlimited jurisdictiob complaints filed since her prior visit, typically waiting only
five to ten minutes to reqUeShmd receive records. AE. cases are numbered sequentially,
court staff would simply provide Ms. Krolak with a11cases falling within a specified
number range. Ms. Krolak also reviewed the Court's designated "media bin," which
contains cases the Court considers of likely press interest. These procedures allowed Ms.
Krolak to review all of the newsworthy unlimlted jurisdiction complaints filed since her
previous visit without imposing any apparent burden on court staff.
Beginning Jast year, however, media access began to deteriorate. In early 2008, Ms.
Krolak was informed that she would only be allowed to review up to 200 consecutively
numbered cases on each of her visits. Ms. Krolak was not advised of the reason for the
new limitation. and it is not clear to Courthouse News why such a limitation would be
imposed, since it has been CoUrthouse News' experience that requests for consecutivelynumbered cases are relatively "easy to fulfil1.1 In addition, in many instances Ms. Krolak
was not provided with many of the cases within the number range she had requested,
requiring her to stand in line again to receive the missing cases. To make matters more
difficult, Ms. Krolak was often told she would not be provided with both the cases she
had requested and the media bin cases at the same time, requiring her to stand in line yet
again. to obtain the media bin cases. Because the lines can often be long, these
procedures made it significantly more burdensome for Ms. Krolak to conduct her news
1 Anum ber of other Calif~~ia ~~ilrt.s>c i~~lpdjng Superior Courts in Fresno, Kings, Madera,
Mariposa, Merced, Monterey, San IO!IQuin,; Sonoma, and Tulare Counties. provide media access
in this manner, The consecutive numbering means that the clerks ill these courts can easily gather
even a large number of files quickly and place them on a cart for the reporter, and need not spend
time locating particular cases. The reporter then reviews the cases and returns them to the clerks
when his or her review has been completed.

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Holme Roberts & Owen UP
AUort11IJ'6 at Law

Michael D. Planet
April 29, 2009
Page 3
reporting activities. Courthouse News attempted at various times to work out these issues
with Linda Daniels, a supervisor in the clerk's office, as well as Records Manager Peggy
Yost. Unfortunately. these efforts have proved unsuccessful.
The situation became much worse several months ago, when the court instituted a new
role limiting members of the media to on1y 25 files each day. Rather than reviewing a
stack of sequentially-numbered
files, Ms. Krolak must now request new complaints
individually by filling out a separate request slip for each complaint she wishes to see.
Since there are often more than 50 potentially newsworthy civil unlimited cases filed in
any given week, the 2S-file limit frequently prevents Ms. Krolak from reviewing and
reporting on all of the week's newsworthy filings.
In addition to the overall file limit, Ms. Krolak may request only 5 cases at a time. Even
if none of the 5 cases is available, Ms. Krolak must wait in line - usually for at least 30
minutes and sometimes for .an hour .or more - to ask for another 5 cases. Each requested
case counts toward Ms ..Kr~·s75-fil~
limit, even if it is not available. 1n addition,
court staff sometimes count every casein the media bin towards Ms. Krolak's 25-case
quota. even if all of the media bin
turn out to be older cases that she has already
reviewed on previous visits.

cases

Right Of Access To Civil Court Records
At most California courts, and in state and federal trial courts across the nation, news
reporters who regularly visit the court are provided with the opportunity to review all of
the new complaints filed since that reporter's last visit. In California, courts have
adopted a variety of procedures that achieve this result As noted above, some courts
simply provide news reporters with a stack of sequentially nmnbered cases :filed since
their lest visit. Others ask that reporters request individual cases based on docket
information provided on a list or via a computer terminal, but either do not impose limits
on the number of cases that may be viewed, or impose limits that are set high enough so
as to not prevent news reporters from reviewing all of the potentially newsworthy new
complaints filed since their last visit. Still others make all new filings - and not just
selected filings - available for media review in a designated press box. In addition. these
court have developed procedures that eliminate the need for members of the news media

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Michael D. Planet
April 29, 2009

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who review new filings from having to stand in line several times as part of a single visit
to the court.
The media access procedures impose.d.1n Ventura County are not only significantly more
restrictive than access poiici~ at'other:Califomia courts, but are also inconsistent with
California's strong presumption of public access to civil court documents. NBC
Subsidiary (KNEC-TV), Inc. '11. Superior Court, 20 Cal. 4111 1178, 1208 n.25 (1999)
(recognizing First Amendment right of access to civil court records); accord, e.g.,
Savagiio v. Wal-Mart Stores, Inc., 149 Cal. App. 4tli 588, 596 (2007); Burkle v. Burkle,
135 Cal. App. 4th 1045, 1062 (2006); Cal. Rule Ct. 2.550(b) & (c) (once a record has
been filed or lodged with a court. it is presumed to be open to public inspection).
In addition, the United States Supreme Court has recognized that the media function "as
surrogates for the public," which today acquires information about court proceedings
"chiefly through the print and electronic media." Richmond Newspapers, Inc. v, Virginia,
448 U.S. 555, 572 (1980). Thus, in the context of courtroom proceedings, although
''media representatives enjoy the same rights of access as the public, they often are
provided special seating and priority of entry 80 that they may report what people in
attendance have seen and heard .... Ill. at 573. For the same reason, it is appropriate to
provide news reporters who visit the court on a regular basis with special procedures for
obtaining timely access to new complaints, even if those exact same procedures are not
provided to researchers and/or the general public.

Potential SolutioDs To Improve Access
There are at least two possible. solutions that would resolve the current media access
problems at this Court:
Option #1 - Courthouse News respectfully suggests that the simplest solution would be
to reinstate the system of allowing members of the news media such as Ms. Krolak to
review all of the consecutively numbered cases filed since their last visit. This would
seem to be the easiest and least time-consuming option for the Court. as it would entail
simply gathering all files within a certain case-number range and placing them on a cart
rather than locating individual file numbers. Although the total number of requested

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April 29, 2009
PageS
cases might be large, staff in other courts can generally gather even a relatively large
number of cases in a given case number range wi thin a matter of minutes.
Option #2 - In the event the Court determined for whatever reason that it did not want to
reinstate its prior procedures, the Court could instead simply eliminate the limit on the
number of non-sequential cases that. accredited members of the news media such as Ms.
Krolak could request on each: of their visits, or at least increase that limit. Ms. Krolak
estimates that she would seldom need'to see more than 50 files each visit, but to allow
some breathing room, Courthouse Ne~ respectfully suggests that members of the news
media such as Ms. Krolak be pennitted to review up to 60 files per visit.
Whatever procedures the Court ultimately adopts, Courthouse News also respectfully
requests that the procedures be revised so that members of the media sucb as Ms. Krolak
can obtain access to all potentially newsworthy new filings, whether from the media bin
or from the shelves. at the same time. without needing to stand in line multiple times
during the same visit to the Court.

It has been CNS's experience that when the media and court officials work together in a
cooperative and creative manner, solutions can almost always be found that give the
media prompt and efficient access to court filings without imposing any significant
burden on court staff. I will call you next week: follow up on this matter. in. the hopes that
we can discuss whether one of the solutions outlined above could be adopted to resolve
the current access problems. In the event you determine that neither of the above
solutions would be workable, perhaps we could meet in person to discuss the matter
further. Although I am based in San Francisco, ] have family in Ventura (recently-retired
City Attorney Bob Boehm is my father) and always welcome another opportunity to visit

the area.

"i'

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Michael D. Planet
April 29. 2009

Page 6
cc: Hon, Kevin J. McGee, Presiding Judge, Superior Court of California,

County of

Ventura
Cheryl Kanatzar, Deputy Executive Officer
Bill Girdner, Editor, Courthouse News Service
Christopher Marshall, Northern California Bureau Chief. Courthouse News Service
Julianna Krolak, Reporter, Courthouse News Service

6<0344 vZ sar

Exhibit 1
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COUNTY OF VENTURA
Hall of Justice
800 South VICtoria Avenue
Ventura, CA 93009

Mu:.hael D. Planet
Executive OJficel'lClel'k
and JlII)J Commissioner

May 13, 2009
Ms. Rachel Matteo-Boehm
Holme Roberts & Owen, LlP
560 Mission St., ·25th Floor
San Francisco, CA 94105-2994
Dear Ms. Matteo-Soehm.
This is in response to your letter dated April 29, 2009 regarding access to new
unlimited civil case files by Ms. Jullanna Krolak. representative
of Courthouse
News Service. After looking into the matter, I believe there are several
contributing factors which are creating our current situation.
In 2007 the Court implemented a new case management system, which changed
the numbering system of our case files. Instead of each case type having a
sequential numbering system, the sequential numbers now cover many different
case types including limited civil, unlimited civil, small claims. mental health, and
probate. rt is no longer possible for us to easily pull a block of sequentially
numbered files without verifying the case types first.
The Records Deparbnent not only provides access and information to the public
regarding court records, but is also responsible for pulling and preparing the
calendars for twenty-eight courtrooms daily. It has become necessary for us to
reallocate our resources in several areas of the deparbnent, and we simply don't
have the manpower to pull·an unlimited number of case files each day for all the
requests we receive. As a reeult, we have had to limit the number of files we pull
for all researchers.
Before making the change to_our policy, we did research the number of files
being pulled by several other;Southem California courts. We found that 25 nonsequentially numbered casesper'day is still generous in comparison to what
some other courts pull. ..
,

Mailing Adtlress: P.O. Box 6489. Ventura, California 93006-6489

Exhibit 2
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Filed 09/29/11

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Page 21 of 52

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.

COUNTY OF VENTURA
. .:.:. Hall of Justice
800 South Victoria Avenue
Ventura. CA 93009

Ms. Krolak's main focus appears to be new unlimited civil filings. Those case
files remain in the media bin in our Records Department for a minimum of one
week before being placed on our shelves, and are available for her to view in
addition to any other files she is requesting,
Neither Ms. Daniels nor Ms. Yost has personally spoken with Ms. Krolak about
her concerns, but Ms. Yost did speak with Mr. Christopher Marshall. They were
able to establish a procedure for Ms. Krolak, in which she would e-mail a list of
the cases she was interested in reviewing to the supervisor. and they would be
pulled and ready for her to view upon her arrival. .
For reasons unknown this practice was discontinued, but we would gladly
resume doing this for her. Our request would be that she e-mail the list at least
one full day in advance of her Visit, and send it to both of the Records
supervisors.
By doing this she could have the fUll limit of 25 files all at once, In
addition to any of the new case files that are in the media bin .
...
Those addresses are:,
Linda. [e-mail];
Leticia. [e-mail].

and

Also. our lines tend to be longer In the afternoon, as that Is when many attorney
services, along with the general public, come in to conduct their business with
the court. If possible, Ms. Krolak might consider arranging her schedule so that
she is able to visit our Records Department earlier in the day to avoid the longer
lines.
Please feel free to contact me directly if you have any further questions or
concerns.

Sincerely,

U

ccf(~~

Cheryl~
Deputy Executive Officer
[phone]

Mailing Address: P.O. Box 6489, Ventura. Califom.ia 93006·6489

Exhibit 2
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EXHIBIT 3

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Courthouse News Service

July 23. 2009
Cheryl Kanatzar
Deputy Executive Officer
Superior Court of California
County of Ventura
Hall of Justice
800 South Victoria Avenue
Ventura, CA 93009
Re: Media Access to New Civil Filings
Dear Ms.

Kanatzar:

On behalf of Julianna Krolak and all of us at Courthouse News Service, I would like to
thank you and your professional and heIpfuJ staff for assisting us in ensuring new civil
unlimited filfngs make it to the media bin for media review before being placed on the
shelf.
. .,. ',:.
If you ever have any questions for me, I am always available and we will not hesitate to
contact you in the future if we have questions. Once again, thank you for your assistance.
Sincerely.

Chris Marshall
Northern California Bureau Chief
Enel..
bee:
B ill Girdner
Editor
JuIianna Krolak
Courthouse Reporter

Exhibit 3
Page 20

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Case 2:11-cv-08083-R

-MAN Document 8

Filed 09/29/11

Page 2 of 52 Page lD #:30

EXHIBIT 4

FER100

Case 2:11-cv-OB083-R

-MAN

Document 8

Filed 09/29/11

Page 25 of 52

Page ID #:305

COURTHOUSE NEWS SERVICE
30 N. Raymond Avenue, Silite 3 10, Pasadena CA 91103, (626) 5n-6700, [e-mail]

Chris Marshall
Northern California Bureau Chief
Courthouse News Service
[phone]
[e-mail]
February 7, 2011

Cheryl Kanatzar
Court Executive Officer
Ventura County Superior Court
800 South Victoria Avenue
. Ventura, California 93009
Dear Ms. Kanatzar:
I am writing for Courthouse News Service (CNS), on behalf of reporter Julianna Krolak,
regarding media access to newly-filed civil complaints at the Ventura County Superior
Court. CoUrthouse News Service appreCiated your willingness to work with us to set up
the media. bin a few years ago and we trust we will be able to work together again in a
cooperative manner to address our present concerns.
As you may recall, Courthouse News Service is a legal news service for lawyers and the
news media. Founded in 1990, Courthouse News 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. The majority of Courthouse News' nearly 2,500 subscribers nationwide are
lawyers and law firms, including many prominent California lJID1B. However, law schools
and media outlets are increasingly looking to Courthouse News for information about
newsworthy civil filings, and include such well-known California media outlets and law
schools as the San Jose Mercury News, the Los Angeles Times, the Los Angeles Business
Journal, UCLA Law Library, Stanford Law School, and Loyola Law School. Courthouse
News' core news publications are its new litigation reports, which are e-mailed to
subscribers daily and contain coverage of all significant newly-filed civil complaints filed
in a particular jurisdiction. In addition, Courthouse News' website
(WWW.courthollsenews.com). which features news reports and commentary about civil
cases and appeals, receives an average of 600,000 unique visitors each month.
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Until a few months ago Ms. Krolak. Iiad been \isiting the main division of the Ventura
Superior Court on a twice-a-week basis to review new civil unlimited complaints
(Courthouse News does not cover criminal or family actions, nor does it review limited
civil actions). In recognition of the increasing importance of Ventura County as a source
of newsworthy litigation, Ms. Krolak began visiting the Court on a daily basis in
November, with each of her visits occurring near the end of each court day.

Exhibit 4
Page 21

FER101

Case 2:11-cv-08083-R -MAN Document 8

Filed 09/29/11

Page 2 of 52 Page ID #:30

Given these now-daily visits, Courthouse ~e.ws hoped that it would be able to review and
report on new civil complaints at t;he end of the same day OIl which those complaints a;re
filed. This same-day access is provided to news reporters who make daily visits to other
major superior courts. including the California Superior Courts in Los Angeles,
Riverside, San Francisco, and Santa Clara, as well as other major courts across the nation.
A survey that further describes the same-day access that news reporters have in other
courts is enclosed for your review.
Unfortunately, access to new civil complaints at the Ventura County Superior Court is
nowhere near same-day. In a recent one-week survey of unlimited jurisdiction cases
covered by Courthouse News. Ms. Krolak saw only one case on the day it was filed.
Of the remaining cases, a majority was three days to one week old and a large minority
was one to two weeks old.
For example, a case against Rubio's Restaurant alleging sexual harassment (56-201000387332) was not made available for media review until 13 days after it was filed; a
complaint claiming The Bonaventure denied a worker's medical leave request (56-201000387945) was not available until 8 days after the filing date; another complaint charging
Rite-Aid with refusing to accommodate a worker's medical restrictions (56-2010·
00387942) was delayed by 9 days and finally a complaint where an investor allegedly took
advantage of the elderly (56-2011-00389425)
was not made available untill3 days after it was
filed.
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In an age where the average news cycle is Iess than 24-hoUIS, these delays eliminate the
newsworthy nature of new cases filed in this court.
In most courts that Courthouse News visits on a daily basis we have been able to work
with staff to ensure that we have access to all newly-filed civil unlimited cases on the day
they are flled,

I recently spoke with Leticia Tueraca., Records Division Supervisor, about achieving
access to cases on the day they are filed. While Ms. Tueraca was helpful and willing to
adjust procedures to assist our endeavor. she told me that ultimately it was not in her
power to affect a switch to same-day access as almost every case does not make it to the
Records Division until days after it is filed. Courthouse News thus requests your
assistance in setting up procedures to ensure access to newly-filed complaints on the day
they are :ftIed for any media entity that assigns a reporter to cover the courthouse on a
daily basis, regardless of whether all administrative tasks associated with those cases
have been completed.
The current use of a media bin could be incorporated into these procedures. One possible
solution would be for the media bin to be placed in the Civil Division where the intake
counters are located, which M~. ~o,4tk could ~access near the end of the day. Such a
system would allow Ms. Krolak access to cases' soon after they are filed without requiring
the court to speed up processing, which Courtfiouse News is not requesting. In fact it has
been Courthouse News' experience that attenwts to speed up processing rarely result in

Exhibit 4
Page 22

FER102

Case 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page 2 of 52 Page ID #:30

lasting results, due to staff sick days, vacations, breaks and other variations in work
schedules. Courthouse News welcomes the opportunity to discuss procedures that will
ensure access to unlimited civil cases on tb.eday they are filed,
While I am not a lawyer, it is my understanding that the law provides for a right of timely
access to new court filings, and that the law also recognizes it is appropriate to create
special access procedures for the media so they can convey that information to other
interested members of the legal.jacademic and business communities .
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As shown in the enclosed survey,
othe~ courts in California and around the nation
have set up systems to allow members of the "media to review newly-filed cases on the
day they are filed, regardless of whether all of the administrative tasks associated with
new complaint intake have been completed.
Courthouse News Service has worked cooperatively with courts across the country to
ensure all members of the media are able to access civil complaints on the day they are
filed. We are confident that by working together we can find a solution to ensure similar
timely access at the Ventura County Superior Court. To this end, Ms. Krolak. and I would
gladly meet with you to discuss ways to secure that access at this court.

Sincerely,

Chris Marshall

Enclosure
cc:

William Girdner, Editor, t~onrtbouse News Service
Rachel Matteo-Boehm, ESq~~:"Holme~oberts & Owen lLP
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Exhibit 4
Page 23

FER103

Case 2:11-cv-08083-R

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Document 8

Filed 09/29/11

Page 28 of 52

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EXllffiIT5

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Case 2:11-cv-08083-R

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Document 8

Filed 09/29/11

Page 29 of 52 Page ID #:309

Holme Rohem & OwenLLP
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SAN FRANCISCO

June 20, 2011
Michael Planet
Court Executive Officer

BOULDER

Ventura County Superior Court
800 South Victoria AYe.
Ventura, CA 93009
Re:

Media Access to New Complaints

COLORADO SPRINGS

Dear

OUBUN

Mr. Planet:

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 ofUme
between the:tiling ora complaim 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 III'C
filed. Rather. delays in access range aJlywhere from one day to scveral weeks.
It appears that the Court Is not currently releasing newly filed complaints for press review
until after a certain emouet-of'processlng has been completed. However, as explained
below. the press's right of ac:c~ 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.

l06ANGELES

SAlT LAKE CITY

We therefore respectfully ask that you address these delays immediately by adopting
simple procedures to ensure tbat members of the media have access to new complaints on
the same day they are filed.
About Courthouse

News Senriee

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 Califomia it
focuses only on UDlimited jurisdiction civil cases.

Racher Matteo-Boehm 415.268.1996 [e-mail]
560 Mission Street, 25th Floor .San Francisco, CaIfomla 94105-2994 tel 415.26a.2OIlO fax [phone]

Exhibit 5
Page 24

FER105

Case 2:11-cv-08083-R

-MAN Document 8

Filed 09/29/11

Page 30 of 52 Page 10 #:310

Ho1me Roberts & Owen UP"
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Michael Planet
June 20, 2011
Page 2

The majority of CourthouseNewa' nearly 3,000 subscribers nationwide are lawyers and
law firms, inoludingnumerous 'prominerit California finns. In addition, other news outlets
are increasingly looking to Cowthouse News to provide them with lnformarion about
newBWorthy new civil filings. Courthouse News' media subscribers include Such wellknown entities as the Los Angeles Times, the Los Angeles Bustness Journal, the San Jose
Mercury News, and Forbes. all ofwhich puts Courthouse News in a position simi.l.ar 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 of all significant new civil
complaints. Its website, www.courthousenews.com.alsofea.tu.re5
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

vootura

County Superior Court

Courthouse News' reporter ]ultanna Krolak has covered the Ventura County Superior
Court since 2003. Until recently, Ms. Krolak visited the court twice each week to review
new civil unlimited jurisdiction complaints. In recognition oftbe growing importance of
this Court, starting in November 2010, Ms. Krolak began visiting the Court on a dally

basis.
Up until early 2008, Ms. Krolak was able to review the vast majority of new complaints
filed since her prior visit, This was achie\red through a combination of a media bin
procedure (which, at the time, tbntamed kmplaints that the Court detem1incd would be of
interest to the press) as well as the clerk'! office's practice ofprov:iding 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 OD a number
affronts. Among othertbings. the clerk's office began limiting the number of files that
members of the media could request to 25 each day, and only pemrltted 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 offive cases. Each requested
case counted toward her 2S-file limit, even if the complaint was not made available for

Exhibit 5
Page 25
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FER106

Case 2:11-cv-OB083-R

-MAN

Document 8

Filed 09/29/11

Page 31 of 52

Page ID #:311

Holme Roberts & Owen I.J.r
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Michael Planet
June 20, 2011

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 25-file limit frequently prevented Ms. Krolak
from reviewing and reporting on all of1he week's newsworthy filings, thereby resulting in
significant delays in access ~onewly filed clvil complaints.
Courthouse News' Northem'Califbmia Bureau Chle:( Chris Marshall, attempted at various
times to resolve theseIssues with Supeniisor Linda Daniels, as well as Records Mmager
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. Dantels, met in person with Mr. Marshall to further
discuss potential solutions. The solution uItimate1y 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 pennitted to
request. she could on1y 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
inthe 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
bacldog of newly filed unlimited civil jurisdiction wmplaints that Ms. Krolak needed to
review, and she therefore had to request numerous additiooal complaints as part ofher
daily reporting activities. On many of her visits. she found that she had to request up to 2S
complaints (her limit for ~as.es~~ were qat contained in the media bin) in order to see the
entire :Dowof newly :qled unliliiited civil JUrisdiction complaints. standing ina new and
lengthy line for each group of five complamts she wished to review. Even with respect to
those 25 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.

Exhibit 5
Page 26

FER107

Case 2:11-cv-08083-R

-MAN Document 8

Filed 09/29/11

Page 32 of 52 Page 10 #:312

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June 20, 2011
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As noted. late last year, Courthouse News began covering the Court OD a daily basis.
Given the ongoing delays and problems with the media bin procedure. Mr. Marshall
contacted Ms. Kanatzar by letter in February 2011 inan attempt to come up with mutually
agreeable procedures that would provide same-day access to all newly filed UDlimited civil
jurisdiction complaints, and Ms. Kanatzar spoke with Mr. Marshall by phone in early
Match 2011 to discuss options. Whlle Ms. Kanat2ar indicated a. desire 10 improve on the
delays, the message conveyed to Courthouse News was that the clerk's office would not
provide same-day access to newly tiled unlimited jurisdiction civil complaints. At best,
the Court would attempt to provide next-day access. Mr. Maxsball was disappointed to
hear this. but agreed to wait and see what solution the Court came up with to resolve
delays. Subsequently, Ms. Kanatzar left Mr. MIIrShalI a voice mail message advising him
that beginning on March 14,2011, the clerks would reprioritize how cases are processed,
and Courthouse News should begin seeing complaints witbUl. two days of filing.
Over the past three months. Courthouse News has monitored the availability of complaints
to determine what effect, if,any, the ~J)Iocedures
wou1d have .in terms of delays in
access. Unfortunately. tbiD.gs Gave goDf:;".frombad to worse. with 81lIDCRday access to new
complaints a rare occurrence.l Rather, aCtual delays in access are anywhere between one
day and several weeks after :filing for virtually all civil UDlimited jwisdiction complainm
filed in this Court.

Timeq Aa:ess. Te All New Civil Court Filings

There b A Right Of Attess. And

As we have related to you in om previous correspondence and discussions, the press has 'a
presumptive, constitutional right of timely access 10 newly filed complaints, which
necessariJ; means same-day access. NBC Subsidiary (KNBC-Tfi), Inc. v. Superlur Court,
20 Cal. 4 1178.1208 &n.2S (1999) (recognizing.FirstAmendmentrigbtofacceasto
civil
litigation docmnents submitted to a court as a basis for adjudication); Associated Press v.
District Court, 705 F.2d 1143. 1147 (9t11 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 timej; Grewe Fresh Distrios., Inc. v. Ever,fresh Juice Co ...24 F.3d

u.s.

1

During one recent four-week period, only one complaint out of 14S was available for

review on the same day it was filed,

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Exhibit 5
Page 27

FER108

Case 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page 33 of 52 ·Page 10 #:313

Holme Roberts & Owen:r.rr
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Michael Planet
June 20, 2011
PageS

893, 897 (7th Cir, 1994) ("[i]n light of values which the presumption 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 Newsp4pel' Co. v. Pokaski,
868 F .2d 497. 507 (1st Cir, 1989) ("even a one to two day delay impermissibly burdens the
First Amendment"); Courthouse News Servia! v. Jackson, 2009 U.S. Dist. LEXIS 6230D,
at *10.11, 14 (S.D. Tex. 2009) ("the 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 ofCourt2.550(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 com's
taking any particular action wim 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 '1 Trust & .
Sav. Ass'n v. Hotel Rittenhouse ASSOC3•• 800 F.2d 339~ 344 (3d Cir. 1986) (the right of
access springs .into being the moment a person ''uDdertake[s] to utilize the judicial
process"); Leucadia, Inc .... Applied Extrusion Techs..• Inc; 998 F.2d 157. 164 (3d Cir.
1993) C'By submJttiRg pleadings and motions to the court for decision, one ... exposes
mmself[toJ public scrutiny.j (quotation omitted; emph. added).

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 essociated with the processing of those complaints (tasks that vary
from court to court. but ca.n include such items as inputting infonnatian 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 around the country have implemented 11 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 andIor other
administrative procedures have been completed. Indeed, given the media's role as
"SUIIOga1:e$ for the public," see, e.g., Richmond New3papers, Inc. v. Virginia. 448 U.S.
555, 513 (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.
In light of this right of

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Page 28

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Case 2:11-cv-OB083-R

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Page 3 of 52

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Michael Planet
JWle20,2011
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 tQe end of J;:be day they are filed, even if they have not been
fully processed. As the enclosed sUrvey. demonstrates, there are It. variety of specific ways
this can be accomplished, but :fundamenl:ally, what we are asking for is fur Ms. Krolak to
simply he allowed to see the day's new unlimited civil filings at the end of each court day.
We thank you for your attention to this important manner, and look forward to hearing
from you.
.

Rachel Maneo-Boehm
cc:

The Honorable Vincent O'Neill, Jr., Presiding Judge
Courthouse News Service

Exhibit 5
Page 29

FER110

Case 2:11-cv-08083-R

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Media Access to

Page 35 of 52

,

Courts

Around the Nation

By Co11l1house News Service

June2011
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 ofwhether the eomplaint or petition has been made
available for electronic viewing. Courthouse News Service has prepared the following
summa.ry of some of these same-day access procedures adopted in courts throughout tbe nation.
Albuquerque
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-couater
access to the "review pile" and provided with a
small work space, where he can review the new cases and SCaJl any ne~orthy
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 Courthous. News Service's reporter can typically track
dawn any case that needs to be seen.

Atlanta
At the Fu1ton County Superior Court in Atlanta. Georgia, new complaints are scanned
immediately upon filing and JDade available at computer terminals at the courthouse. most
within minutes of filing. In addition, complete docket infonnation 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. B-filed complaints
are made available to CNS's reporter. prior to any processing, via PACER by using a shell case
number code to access an online press queue ofnsw same-day filings.

At the Travis County District Co.use in Austin, "Where e-filing is mandatory fur civil cases,
Courthouse News' reporter gets a ~ o~ aU of "titer new civil petitions filed earlier that same day
upon arriving at the courthouse, She then
"p.ewlyfiled petitions using a public access
terminal at the courthouse. Before leavmg the court, Courthouse NevJ5' reporter gets an
updated copy of the list of newly filed petitions to see whether !here are any that have been
filed since her first review. which she also views using the court's public access terminal.

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Media Access to Courts Around 1hc Million

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Exhibit 5
Page 30

FER111

Case 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page 3 of 52 Page ID #:31

Beanmont

At the Jefferson County District Court :in Beaumont, Texas, reporters are allowed behind the
counter to access paper copies of petitions :filed that day. before the cases are put through the
docketing process. Reporters cair'1nake copies.of'newswcrthy cases.
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At the Beaumont Division of the United Sta.tes;bistrict Court for the Eastern District of Texas,
reporters have same-day access to new1y filed actions regardless ofwhetber docketing has been
completed. Reporters review scanned copies of new complaints via PACER, and if a Dew case
is nat yet scanned and available on the court's computer system, reporters can request and ale
given a paper copy of the new action based on II listing ofnew 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
fonn 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 fonowing 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 ina different area
behind the counter in the clerk's office on the same day the complaints are filed. Cowtbouse
News' reporter is free to make her own copies for a small fee.
At the United States District Court for the Eastern District of New York, parties file "press
copies" of new complaints, whicb;·~ pl.acecljnto a press box that is made available to reporters
throughout the day. thereby a]IOwing .1lWmsaine-day access to the vast majority ofnew filings,
even iftbe new filings bave .not been' fully peocessed or posted to PACER.
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At the Cook County Circuit Court in Chicago, Courthouse News' reporter, or any other
member of the media who is first to enive at the courthouse, begins each visit by going behind
the counter to pick up the day' B new complaints, and then brings them to a press room located
inthe 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 1hey 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 had 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 well as the court's own independent
website. making access to the press queue unnecessary.

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Media Access to Courts Around tbe NittiOil

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Page 31

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Case 2:11-cv-08083-R

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Page 3 of 52 Page to #:31

Cincinnati

At the Hamilton County Court 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 10 cents per page.
At the United States District Court for the Southern District of Ohio, lmUJY of the newly:filed
complaints are made available on the day of filing via PACER However. for cases not
available electronically, the oomtplaces a copi:of 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 oomplaints for 50 cents per
page,
Cleveland

At the Cuyahoga County Court of Common Pleas in Cleveland, Ohio. Courthouse News'
reporter has behind-tae-counter access to new filings on the same day they are filed, regardless
ofwbetber they have been fully processed. Complaints are available as soon as they have been
da.te-stamped. Court officials provide Courthouse News' reporter with desk space 10 set up a
laptop and allow him use of the office copy machines,
"
At the United States District Court for the N orthem District of Ohio, new civil cases can be
filed either in person or electronically. Both cesea filed e1ectronically and in person are made
available on PACER on the same day they arc filed. 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 staffwi11 print out a copy of any case he
requests, even if docketing has not been completed and regardless of how those complaints
were filed.
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At the Franklin County Courtof Common PleasIn Columbus, Ohio, Courthouse News:"
reporter bas same-day access to new civil complaints after they have been date-stamped and
before processing. Courthouse News' reporter works at a desk behind "theintake counter.
Complaints that are filed before the reporter arrives to the courthouse me placed in au. "outbox"
tray where eNS'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 staffretrieves complaints
that have been filed since the reporter's arriVl1ldirectly from the various tellers and makes them
available for immedia~ 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
MediaAoeess to courts Around the Nation

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hard copies of any civil filings not available ouiPACER on a same-day basis, but the speed with
which cases are posted to PACER generally makes this unnecessary.

;

Atthe Dallas County District Court in Dallas, Texas, Courthouse News' reporter is provided
with behind-The-counter access 10 new petitions as soon as they are filed and before any
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 fonn. As for efiled petitions; Courthouse News Service's reporter views some on a computer terminal in the
elm'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 ofOpemtions, 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 ~2l4) 753-2186.
•

First. Courthouse N~~' reporter checks; a computer termina1 in the clerk's office to
view summaries of the day's new complaints that have already been made available on
PACER. Courthouse News' repcrter thenuses his own intemet connection to
immediately download documents he needs to hia 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 complamts 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.

•

Finally, for complaints that are so DeW they have not yet been scanned, Courthouse
News' reporter views the paper versions of'those new cases in their case folder and
makes copies ofnewswortby complaints.

At the Wayne County Circuit Court:, complaints are placed in a drawer in the intake area of the
clerk's office immediately after they! ate filed • .upon arriving at the clerk's office at
approximately 3 p.m., Courthouse lj,~: repoI:tc;rgoes 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 lasi::'minute filings
the day before. Then he turns to the intake
dmwer. 'Where he is pennitted 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

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Courts Around tho Nation

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Exhibit 5
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Page 39 of 52

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copies of complaints using a copi"if located also behind the counter, as well as an alternate
copier on the other side of the ~aspelj:l..statioll,Il~~ar death certi:ficates/marriage llcense area.
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At the United States District CO}lrt
the Eastem 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 ODly after the complaints have been fully docketed. Courthouse News' reporter can
either visit the courthouse to view complaints or he can view the new filings electronically on
PACER, which ls just as timely as the hard copy press box.
I1'ortWortb
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. If any 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 resn1t 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
belriIiti the in~ counters and review newly-filed petitions. In
2008, the clerk. began requiring"i·epbrters to wwl until new petitions had been processed and
posted on the clerk's web site beforetbeycOuId.j;e 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 fOT the
Southern District of Texas issued a preliminary injunction ordering the clerk to provide S8IIl~
day 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). Inaccordance 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 2010, 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 attomeys fees it Incurred in litigating the case.: The stipulated permanent injunction did
not specify the particular manner in which same-day access must be provided. and the clerk's
office bas 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:6ling. After that. petitions can
still be viewed without charge, but printouts can be made only if1hey have not been certified.
Once they are certified - which usually occurs the day after filing - there is a fee to print out
copies of the petitions. Details abqpt:this program can be found OD the Harris County District
Clerk's web site, at http;/Iwww.hcdiStIi:ctc1erk~~cOmIEdocsIPub1ic/search.aspx (see button:
"Search Today's Filings'1, ,
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courts Around the Nation

Pagtl5

_62147 vi oof

Exhibit 5
Page 34

FER115

Case 2:11~cv~080B3~R -MAN

Document 8

Filed 09/29/11

Page 0 of 52

Page ID #:320

At the United States District Cowt fu.r the Southem District of Texas, where electronic filing is
required for new cases, Courthouse News' reporter can view electronic versions of'compleinrs
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 da.y they
are filed.
IndianapoUs

At the Marion County Circuit and. Superior Courts in Indianapolis, Indiana. reporters view all
new filings on a same-day basis bi the clerk's office. Reporters are given stacks of the 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 mea from 4:00 p.m, to 4:30 p.m. Reporters can
then make copies themselves 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 alI complaints filed 011 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 tbroughout the day and allows the reporter to review the
complaints. The court staffwill then make copies: at a tate of 50 cents per page.
Las

VegaS

At the Eighth Judicial District Court in Las Yegas, 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 ft computer tenninal in the clerk's office, but this system resulted in complaints
not being available for viewing until the day after they were filed. The reason for these delays
was that new complaints did not appear on the computer temrlnals until after they had been
"accepted" by the clerk's otfice, aDd only after the terminals had been updated to reflect the
new filings. After Courthouse News 1:iroughtth~ 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.
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At the United States District Court for the District of Nevada, Courthouse News' reporter can
view electronic versions of the ~ority of new complaints en a same-day basis on PACER.
Complaints that are not made available on the day they are filed are UBually made available on
the following day.

Media Access to Courts Around the Nation
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L08Aogeles

At the Downtown (Stanley Mosk Courthouse) branch of the Superior Court 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 inwhich the general public view cases close at 4;30 p.m., but
the press room remains open later and even the latest filiDgs of the day are available and can be
reviewed by 7:00 p.m, About 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 copies of those complaints for which she wants to see
the full-text versions. The full text oflate-fUed complaints is made available at 4;30 p.m .•
when the filing room court closes jt.s 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 com 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 on a daily 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 ofinterest. and put the documents back. in the pass-through boxes.
LoaisviUe

At tho Jefferson County Circuit Court in Louisville, Kentucky, the clerk's statrmakes a copy of
the front page of all complaints filed throughout the day and places the coversheets on a table
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 fof.the Western District ofKemucky in Louisville has adopted
an e-filing system requiring initiati\lg dpcumen~ to be filed electronically. The court has
provided the media with an '<Me" ~8sg.innnber 'jOde. Using this code at a designated computer
terminal in the clerk's office;·reporters can review newly tiled 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.
Manbattan
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
Media Access to Cour13 Around the Nation

Page 7

tI6l.1~"I"'"

Exhibit 5
Page 36

FER117

Case 2: 11-cv-08083-R -MAN Document 8

Filed 09/29/11

Page 2 of 52 Page ID #:322

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of the day they are filed, whije' ner.:.,.
&JmpJai~ filed inpaper form are 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 fur the Southern. District of New York, reporters are
permitted to view new civil complaints three times a day - between 9:00 a.m. and 9:45 am.,
between 11:30 am. 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. Ifthe reporter needs copies she is able to make her own
copies at a Court copy machine .foF$1 per pali1e~
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At the United States District.Court fOr ~ Soutii,em District of Florida, electronic filing of new
civil complaints is mandatory, and new compIafuts that IU'e 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
following day.
Milwaukee

At the Milwaukee County Court in Wisco118m, 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 ofWIsronsin, 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 staffprovides
reporters with the original paper versions oCthe 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.
Minneapolis/St.

Paul

At both the Hennepin County Distr1l(t ~urt 1It'Minneapolis and the Ramsey County District
Court in St. Paul, where many oCttie'new compl~ints are filed by mail, Courthouse News'
reporter is permitted to go beliind the counter'to teview the stack ofotlginal 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

PageS

'!i27~7"11IIf .

Exhibit 5
Page 37

FER118

Case 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page 3 of 52 Page [D #:323

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 has established a copy account. In Ramsey
County. for cases the reporter reviews On the day of filing. the court staff will make copies or
any complaint the reporter requeSls. for case8~he reviews after the day of filing. the reporter is
able to print a copy djrect1~ .~m. the ~puterf~inal.

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
will 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 of the day's new £lings on a public computer tenninal at the courthouse. She then
compiles a list 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 bas been completed.

At the Davidson County Circuit Court, most new complaints are scanned throughout the day
and are made available through II govemment website on the same day they are filed.
At the United States District Courti-for.the Mi~dlc District of Tennessee" the clerk's staffare
required to stay one hour aftel'~'O~hl~;;tn
scan all new filings and post them onto
PACER on the day they are filed,
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Oakland

Although the Alameda County Superior Court in Oakland, California, endeavors to make
newly-filed complaints available for viewing OD its web site on It 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 tbe 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.
Oklahoma City
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 - onJy indexed. A member of the clerk's staff then provides the petitions to
Courthouse News' reporter. and the reporter is instructed to sien the hack of each petition to
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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 3;15 p.m. The reporter may request copies of
petitions at a rate of $1.00 fur the first page and 50 cents for all subsequent pages.
Omaha
At the Douglas County District Court, new complaints are filed in paper fonn 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 clerk retrieves the complaints he requests before they have been
fully processed or scanned. Courthouse News' reporter can review the new complaints on the
day offiling in the public area of the clerk's office and is tree to make copies on public
machines.

At the Ninth Judicial Circuit Court, Courthouse News' reporter reviews hard copies of newly

filed complaints at a designated desk behind the counter. The staffplaces 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
the reporter's review before they are moved to a separate desk for scanning by 4 p.m. In
addition, Courthouse News' reporteI is permitted to review e-filed complaints and complalnts
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 behind the counter.
At the United States District Comt for the Middle District of Florida in Orlando, where
electronic filing is mandatory, the com posts the majority of new civil filings to PACER on the
same day they are filed.
Palm Beach
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 flied. The new cases are given to the press as a
stack of folders.
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Phoenix
At the Maricopa County SUperiOI Court in Phoenix, Arizona, court staff recently implemented
new procedures to ensure same-day access to civil complaints filed at its downtown location.
Under the new procedures, court staft)can and upload for electronic viewing all complaints
filed before 3 p.m., which ore 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 bln at a designated intake
window Inthe Central Court Building, where Courthouse News' reporter may review those
complaints between 4 and 5 p.m.
Media Access to Cotlrts Around the Nadon

Page 10

N62747vl..r

Exhibit 5
Page 39

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Case 2:11-cv-08083-R

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Filed 09/29/11

Page 5 of 52

Page ID #:325

Pitt8burgf!

At the Allegheny County Court of Common Pleas in Pittsburgh, Pennsylvania, where the Court
has implemented an internally operated electronic filing system., nearly all of the 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 fur the Western District of Pennsylvania, where electronic

filing is mandatory, Courthouse News' reporter bas been provided with an "MC" case numb or
code for PACER that allows her to view the new filings before they are docketed.
Portland
At the Multnomah Cowrty 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 using her own portable scanner.
At the 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. She then searches for processed
complaints on PACER. which are also available at a public access terminal at the courthouse.
Finally. the clerks give Courthous:e 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
make sure that no filings have been missed.

At the Superior Court for the State of California, County of Riverside. new complaints are
scanned and made available fur electronic viewing via the Comt'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 UDited 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.

I

.

St. Louis

At the St. Louis City Circuit Court m 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 intak:e
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 ofnewswortby
new cases free of charge.
Media Access to Court9 Around the Nation
fIQ;.n

vI ..,t

Page 1I

Exhibit 5
Page 40

FER121

Case 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page

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Page 10 #:32

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;
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.

even

San Francisco
At the Superior Court of California 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
driver's license and filling out a temporary Dame 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 bas established a written protocol for
members of the press. Tile key provisions are quoted below:
If media personnel want to review files already on the shelves. they can pull
these files themselves and return them to the shelves.

All new filings will be held in a Media Box during the day. Between 3:00 and
4:30 each day. this box 'Willbe 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 ~loses to the p,ublic. media personnel may ask to view
any additional filings that may' pavec9~e 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
vieWing new' filings must retwu them to the box for
eventual return to the Records supervisor or assigned clerk.

media

Media personnel may come in anytime before 3:00 PM to view new filings.
However. they will only be viewhtg 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 IU'C pennitted
to make copies of cases they determine to be newsworthy using 8 portable scanner,
SanJDse

At the Santa Clara County Superiolqburt. in S~ Jose. California, the Court recently
implemented new procedures'to ensure'that reporters receive same-day access to the vast
Media Access to CoUJt:l Aroond the Nation
JI021.r7 vI sat

P!lgo12

Exhibit 5
Page 41

FER122

Case 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page

of 52

Page 10 #:32

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 of a case numbee, and the assignment of a first 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 :tiled, All unlimited jurisdiction complaints that are in the drop box by 4:00
p.m, 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 clerk's office
closing at 4:00 p.m. have been.dc;siWlatCd.!1S
a.~priority,
and the court endeavors to make
them. available for review on the same day th~ are filed. Courthouse News' reporter is
permitted to remain at the court until 4:30 pan; one half-hour after closing. to review late-filed
cases, The court makes copies of complaints as requested by the reporter,

At the San Jose Division of the United States District Court for the Northern District of
California. clerks print out a list 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.
Seattle
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 ~t 11 a.m, and. again a.t3 p.m, The 11 a..m. list
includes all cases that have been filed from 3 p.ri on the previous day through 11 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.m.
that day. The reporter reviews each list to t1nd 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 1S cents per page.

r.

Tampa

cttcilii Cburt.

At the Hillsborough County
~complaints
that are hand-filed in the main
courthouse are made available for review by reporters at the end of the day they are tiled. Most
complaints are scanned by court staff and made available on the court's public access tenninals
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 wrtil the court closes at 5
p.m. to review those late-filed complaints.

Media Access to Courts ArOund the Nation
162741-.1 sat

."

Page ]3

Exhibit 5
Page 42

FER123

Case 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page 8 of 52

Page 10 #:328

EXHIBIT 6

FER124

Case 2:11-cv-08083-R

-MAN

Document

8

Filed 09/29/11

9 of 52

Page

Page 10 #:329

s..".,.z,.. e:'"
e./;f.m;.
c' .

COUNTY OF VENTURA
, Han Of Justice
800 SQuUt VIctoria Avenue
VentuRi. CA 93009

Affchilfll D. Planet

Executive

Of1fcer;C19rk

end Jury CommlS$loner
July 11,2011
Rachel Matteo-Boehm
Holme Roberts and OWen lLP
560 Mission Street, 25th Floor
San Francisco, CA 94105
Re: Med;a 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 spok~n with you and representatives of Courthouse
News Service several times over the pasf coupie of yea~ 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 avanable 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 r appreciate 1he Courthouse News Services' interest In same-day access, the Court
cannot prioritize that access above ather priorities and mandates. Further, 1he Court must
ensure the integrity of aI/ filings, including new filings, and cannot make any filings available
until the reqoisite 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.

~~
Michael D. Planet
Executive Officer
MDPiYjb

r_.~.

-.. ~
,.I

Mailing Address:

P.O. Box 6489, Ventura, Caliromla

93006-6489

.

Exhibit 6
Page 43

FER125

Case 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page 50 of 52 Page 10 #:330

EXHmIT7

FER126

Case 2:11-cv-08083-R

-MAN

Document 8

Holme Roberts & Owen lLP

Filed 09129111 Page 51 of 52

Page 10 #:331

.•

Attol1leF fllLow

SAN FRANCISCO

BOIADER

August 2, 20] 1
Michael Planet
Court Executive Officer
Ventura County Superior Court
800 South Victoria Ave.
Ventura. CA 93009
Re:

Media Access to New Complaints

OOLOAADO SPRING5

Dear Mr. Planet:
On behalf ofCounhouse
DENVER

DUBLIN

News Service, we write to briefly respond to your assertion, in

your July 11,20]] letter, that budgetary difficulties prevent the ventcra County SUperior
Court from providing
unlimited jurisdiction

the media with timely, same-day access 10 newly-filed
complaints,

civil

Respectfully. our experience working tvith other courts shows that providing prompt media
to new civil complaints - fundamentally, the simple act oflett:ing reporters see the
new complaints that, because they are newly-filed, are already centrally located in the
intake area - need not involve mly extra expenee or staff time beyond the cleminimis effort
of handing a stack of'cornplaints to a reporter (and even that de minimis effort can be
eliminated lf a credentialed reporter is simply allowed to go behind the counter 10 pick up
the stack, as reporters do at the federal district court in San Francisco, for example).
flCGCS"S

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

SAt T IJ\K!: CITY

For example, at the San Francisco Superior Court and Santa Clara County Superior Court,
new filings are placet! 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 hal! also observed that the de minimis staff
effort required to administer this type of "review 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. All four federal courts in
Califbrnia provide the media with same-day access to new civil complaints w.ithout undue
expenditures of staff time or expense.

Rachel Marillo.Boehm 4f5.:m8.199S [e-mail]
560 Mission S1re~t, 251h Floor San FrEIIICIsco,:Califcmla 94105-2994 rei 415.26S.20oo

tax 415.268.1999
~641i~vi

Mlr

Exhibit 7
Page 44

FER127

Case 2:11-cv-08083-R

-MAN

Document 8

Filed 09/29/11

Page 52 of 52

Page ID #:332

Holme Roberts & Owen llP
AttomqJ at Law

\.k

.

Michael Planet
August 2, 20] 1
Page 2
..'

,),

..:

At bottom, press access only-results in increased costs where the court imposes the
requirement of complete procCBsing before providing access. But newly filed complaints
become public records upon filing, and this status is Dot contingent on the court having
first completed processing. We must therefore respectfully but finnly disagree with your
assertion that providing tJrnely access can only be accomplished at amonela.ry cost to the
Court.
Sincerely.

1cr.i£~
Rachel Matteo-Boehm
cc:

The Honorable Vincent O'Neill, Jr., Presiding Judge
Courthouse New's. Service

Exhibit 7
Page 45

FER128

Case 2: 11-cv-08083-R -MAN
00/00/2011

16:10:27

Document 7

Filed 09/29/11

Page 1 of 158 Page 10 #: 123

FAX ~132499990

1

COPY.
-Of

-e

3

c-:,·

i

Rachel Matteo ..Boehm (SBN 195492)
2 [e-mail]
David Greene (SBN 160107)

..

,
f· --•• --=

_. ..
~r

[e-mail]

-,

Leila C. Knox (SBN 24S999)
[e-mail]
5 HOLME ROBERTS & OWEN LLP
6 560 Mission Strcet~ Suite 250
7 San Francisco, CA 94 J 05·29~)4
4

Telephone:

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......

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8 Facsimile: (415) 268-L999
9 Attorneys for Plaintiff
10 COURTHOUSE NEWS SERVICE
11

UNITED STAtES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

12

13
14

Courthouse News Service,

15

Plaintiff.

16
11

v.

18

Michael Planet, in his official capacity as
Court Executive Officer of the Ventura

19

County Superior Court.

20

Defendant.

21

a

cCsN J,.1~ 0 BO 3 U ~

I~)

DECLARATION OF WILLIAM
GIRDNER IN SUPPORT OF
MOTION OF COURTHOUSE NEWS
SERVICE FOR PRELIMINARY
INJUNCTION

Date;

Nov. 7,2011

Time:

10:00 am

Courtroom:
Judge:

22
23

24
2S

. I. William Girdner, declare and state as follows:

1.

I am the founder and editor of Courthouse News Service ("Courthouse

26

News"), a nationwide legal news service and the pla.intiff in the above-captioned

27

action. I have personal knowledge of the following facts and could testify to them if

28 called as a witness.

DECLARA.TION

OF WILLIAM GIRDNER

M619&ly] oar

FER129

se 2:11-cv-08083-R

1

2.

-MAN

Document 7

Filed 09/29/11

Page 2 of 158 Page 10 #:12

Courthouse News employs a nationwide network of reporters to provide

2

reports on appellate rulings, legislation, and new civil cases from federal and state

3

courts around the country. Courthouse News is similar to other news wire services,

4

such as the Associated Press, except that Courthouse News specializes in news

5

reporting about civil lawsuits, from the date of filing through the appellate level.

6

3.

I began the news service in 1990 out of a belief that the traditional news

7

media did not cover civil litigation as well as it could, and that significant news from

8

courthouses was being left unreported. Courthouse News' coverage of rulings,

9

ongoing trials, and new civil complaints initially focused on the United States District

10

Court for the Central District of California. In 1993, Courthouse News expanded its

11

coverage to include the Los Angeles County Superior Court. Within a few years,

12

Courthouse News had expanded its regional coverage in California to include the

13

Orange and San Francisco county superior courts. Courthouse News moved into

14

Texas in 1999 with coverage of the United States District Court for the Southern

15

District of Texas and the Harris County Civil District Court in Houston. By 2001,

16

Courthouse News was also coveting state and federal courts in New York, Chicago,

17

and Boston. Courthouse News has continued expanding its coverage of trial courts

18

over the years, first in major metropolitan areas and gradually exteriding into less

19

populous areas.

20

4.

Courthouse News began covering appellate rulings on a comprehensive

21

basis in"California in the late 1990s, slowly adding courts as the years went by.

22

Today, Courthouse News covers almost all the appellate courts in the United States.

23

Courthouse News also reports on newly proposed and passed federal laws and

24

regulations. Earlier this year, Courthouse News also started covering Ninth Circuit

25

oral arguments. As of September 2011, Courthouse News covers approximately

26

2,300 courts around the nation, spanning all 50 states.

27
28

5.

The media Courthouse News has used to deliver news has evolved over

the years. Beginning as a print publication, Courthouse News introduced delivery of
2
DECLARATION

OF WILL lAM GIRDNER

i/6798lvl ~f

FER130

ase2:11-cv-08083-R

-MAN

Document7

Filed 09/29/11

Page30f158

1

court news via facsimile within its first six months of publication.

2

began delivering news reports via e-mail in approximately

3

News began publishing news reports and commentary

4

PageID#:125

its web site at www.courthousenews.com.

5

6.

Courthouse News

1996. In 2000, Courthouse

about civil cases and appeals on

Courthouse News' web site has become an increasingly
of its reporting.

of the web site has grown steadily. Just two

6

component

7

years ago, in mid-2009, the web site was receiving an average of 300,000 unique

8

visitors each month.

9

the site had 938,000 unique visitors; in August 2011, it had 800,000 unique visitors;

10

and we are on pace to top 1 million visitors for September 2011. Taking one recent

11

news day as an example, on September

12

articles on the confirmation of Justice Goodwin Liu to the California Supreme Court;

13

a ruling by the International

14

million over delays in rulings on commercial

15

Superior Court; U.S. District Court Judge Edward Davila's dismissal ofa class action

16

against Google over the connectivity

17

"preclearance"

18

changes in its voting law; and an action in Los Angeles Superior Court by the writer

19

of the comedy "Napoleon

20

of a screen shot of Courthouse News' September 1, 2011 home page is attached as

21

Exhibit 1.

22

7.

Readership

important

Since then, readership has spiked almost threefold.

In July 2011,

1,2011, Courthouse News' web site featured

Court of Justice finding that Ecuador owes Chevron $96
disputes; funding for the San Francisco

of its Android phones; Arizona's

challenge to the

sections of the Voting Rights Act requiring federal approval for any

Dynamite"

over studio accounting.

A true and correct copy

Reports from Courthouse News' web site are frequently picked up by
and in this way are disseminated

23

news outlets and other Internet content providers,

to

24

a much broader audience.

2S

recent examples of reports from other media outlets and content providers, including

26

The New York Times, Chicago Tribune, The Globe and Mail, New York Post, PBS,

27

CNN, the New York Daily News, Gawker, SCOTUSblog,

28

Associated

Attached hereto as Exhibit 2 are true and correct copies of

Financial Times, SF Weekly,

Press, Foreign Policy, and ABA Journal, in which Courthouse

News is

3
DECLARATION

OF WILLIAM GIRDNER

#67983 vt oaf

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ase 2:11-cv-08083-R

1

-MAN

Document 7

credited as the source of the information
8.

2

Filed 09/29/11

Page

of 158

Page ID #:12

on which those news reports are based.

Although the web site is growing in popularity,

Courthouse News' core

are its new litigation reports, which are e-mailed to subscribers and

3

news publications

4

contain a summary of all significant new civil complaints

5

For major courts, reports are e-mailed to subscribers

6

court provides same-day access, those reports cover new civil complaints

7

that same day. The new litigation reports do not cover criminal or family law matters,

8

and in California superior courts, they only cover unlimited jurisdiction

9

cases in which the amount in controversy

filed in a particular court.

each evening, and where the

is usually more than $25,000.

filed earlier

cases, i.e.,
Although not

10

all complaints are significant enough to merit coverage - decisions as to which ones

11

receive coverage are made by the individual reporters and editors after reviewing

12

of the new civil complaints - the new litigation reports cover many more civil actions

13

than would normally be found in a daily newspaper.

14

comprehensive

15

useful.

16

9.

all

Subscribers tell us it is the

and at the same time timely nature of this coverage that makes it so

In all, Courthouse News publishes sixteen new litigation reports for its

17

California subscribers,

18

federal district courts as well as the California Superior Courts for the counties of

19

Alameda, Contra Costa, Fresno, Kern, Los Angeles (downtown

20

courthouses),

21

Francisco,

22

Stanislaus, and Ventura.

23

about new civil filings, which are delivered bye-mail.

24

sign up to receive an alert anytime a particular company is sued, and in a court with

25

timely access, we are able to notify them by the end of the same day.

26

which include daily coverage of new litigation filed in aU four

Orange, Riverside. Sacramento,

San Bernardino,

and Santa Monica
San Diego, San

San Joaquin, San Mateo, Santa Barbara. Santa Clara, Solano, Sonoma,

10.

In addition, Courthouse

In addition. Courthouse

News offers its subscribers

alerts

For example, a subscriber can

News offers four print publications.

These

27

include the Four Districts Almanac (reporting on all four of Cal ifomi a's federal

28

district courts), the Environmental

Law Report, the Securities Law Report, and the

4
DEC LARA.nON

OF WILLIAM GIRDNER

#61983 vl ,af

FER132

se 2:11-cv-08083-R

1

Entertainment
11.

2

-MAN

Document 7

Filed 09129111 Page 5 of 158 Page ID #:127

Law Digest.
Courthouse News' comprehensive

and timely coverage of civil litigation

3

has made it a go-to source of information

about the nation's

civil courts, with nearly

4

3,000 subscribers nationwide.

5

firms, including approximately

6

organization

7

Angeles Business Journal, the Pacific Coast Business Times, the San Jose Mercury

8

News, Forbes, the Boston Globe, the Dallas Morning News, the Detroit Free Press,

9

the Atlanta Journal-Constitution, and FOX, all of whom rely on Courthouse News to

The majority of these subscribers

740 in California.

are lawyers and law

In addition, it has many media

subscribers. including but not limited to the Los Angeles Times, the Los

10

provide them with timely information

11

further information

12

institutions

13

Stanford Law School and the L.A. Law Library - also subscribe to Courthouse News'

14

reports.

15

12.

about new civil cases so they can provide

about those cases to their own subscribers.

A number of academic

and law libraries ~ including California institutions

To provide the timely and comprehensive

such as UCLA,

coverage contained in its new

16

litigation reports, Courthouse News employs more than one hundred reporters across

17

the country who are assigned to cover one or more individual courts. At most major

18

courts, Courthouse News' reporters visit their assigned court every day, typically near

19

the end of each court day, to review new civil complaints

20

reporter prepares an original summary of each complaint or other case-initiating

21

document that is considered of likely interest to Courthouse

News' subscribers for

22

inclusion in the report.

any delay in the ability of

23

a reporter to obtain and review a newly filed complaint necessarily

24

Courthouse

News' ability to inform interested persons of the factual and legal

25

allegations

in those complaints.

26

an intervening

27

even one court day results in actual delays of three or even four calendar days.

filed earlier in the day, The

Given the nature of this publication,

creates a delay in

These delays are especially problematic

when there is

weekend and/or holiday, which creates a situation in which a delay of

28

5
DECLARA nON

OF WILLIAM GIRDNER

H679&3 "I saf

FER133

se 2:11-cv-08083-R

13.

-MAN Document 7

Filed 09/29/11

Page

of 158 Page

m #:128

Through my experience covering civil litigation during the past twenty-

2

one years, including but not limited to my own in-person visits to many state and

3

federal courts, discussions with court officials, and my activities in supervising

4

Courthouse News' reporters and editors around the country, I have developed

5

extensive personal knowledge of the procedures that courts throughout the country

6

currently use, and have used in the past, to provide access to new complaints. I have

7

observed that when a reporter visits a court every day, it has been traditional for courts

8

to provide that reporter with access to the large majority of the complaints filed earlier

9

that same day. Attached hereto as Exhibit 3 is a true and correct copy of a summary

10

of media access procedures used in state and federal courts across the nation, which

11

was prepared by Courthouse News Service under my direction (the "Access

12

Summary").

13

14.

As is reflected in the Access Summary. in many courts, this same-day

14

access is provided before the clerk's office has completed the full range of tasks

15

associated with the processing of a new case. This is true regardless of whether the

16

document in question is electronically filed ("e- filed") or submitted to the court in

17

paper form.

18·

15.

For example, at the Los Angeles Division of the United States District

19

Court for the Central District of California, a room is set up directly off the docketing

20

department with a set of pass-through boxes. Between 4:30 p.m. and 5:00 p.m. each

21

day, a staffer places all of the civil complaints filed that day in the pass-through boxes

22

so that the media can review them. Through this method, the great maj ority of new

23

civil complaints are made available for review on a same-day basis, before they have

24

been fully processed. Reporters that cover the courthouse on a daily basis have a key

25

to the room, which is otherwise locked, and they can stay as long as they want to look

26

over the complaints and put the documents back in the pass-through boxes. At the

27

San Francisco Division of the United States District Court for the Northern District of

28

California, reporters go behind the counter and review actions filed that same day,
6
DECLARATION

OF WILLIAM GIRDNER

#67983 vi .. f

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ase 2: 11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page 7 of 158 Page 10 #: 129

1

regardless

2

They are also permitted access to the so-called "transfer boxes" of new actions being

3

sent to different divisions of the court, and are provided with a copy of the intake log.

4

Same-day

5

Districts of California.

6

of whether the complaints have been fully processed or posted on PACER.

access to new civil complaints is also provided at the Southern and Eastern

16.

Similarly, at major state superior courts in California, reporters are also

7

provided with same-day access to new civil filings, a practice that is consistent with

8

other major state trial courts across the country.

9

Superior Court, reporters review new civil complaints

at the end of the day on which

10

they are filed, before they have been fully processed,

after providing a driver's license

11

and filling out a temporary name tag. At the Santa Clara County Superior Court, new

12

civil complaints

13

reporter upon the receipt of a filing fee, the assignment

14

assignment

15

At the Los Angeles County Superior Court, the clerk's office scans new complaints

16

intake, links the complaints to a case number, and makes those complaints available

17

for immediate

18

day, the clerk's office dockets the complaints

19

viewing.

20

access to the press. Those courts provide access after a certain amount of additional

21

processing

22

The procedures

are made available for same-day review by Courthouse News'
of a case number, and the

of a first status conference date, even though processing is far from over.

electronic review in the press room at the courthouse.

on

The following

and makes them available for online

The Superior Courts in Alameda and Contra Costa also provide same-day

has been completed but they still provide the traditional same-day access.
through which these and other state and federal courts make new

23 . filings available on a timely basis are described
24

For example, at the San Francisco

in more detail in the attached Access

Summary.

25

17.

Attached as Exhibit 4 are true and correct copies of recent editions of

26

Courthouse

27

the Central District of California and the Superior Court for the County of Las

28

Angeles.

News new litigation reports for both the United States District Court for

As reflected in both of these reports, the large majority of new complaints
7

DECLARA TION OF WILLIAM GIRDNER
#67983 vi oaf

FER135

ase 2: 11-cv-08083-R

-MAN

Document 7

Filed 09129/11

Page 8 of 158 Page ID #:130

1

filed in these courts were made available to Courthouse News' reporter on the same

2

day of filing.

3

18.

The variety and effectiveness of the procedures for providing same-day

4

access that have been implemented in so many state and federal courts has convinced

5

me that access is largely a matter of will, and any individual clerk's office can provide

6

prompt access to newly filed complaints if those running the clerk's office have the

7

will to do so.

s

19.

Traditionally, and as demonstrated by the examples above, courts have

9

provided same-day access after initial intake tasks, for example accepting the filing

10

fee, assigning a case number, and/or noting the first-named plaintiffs and defendants

11

on an intake log, but well before full processing. In most instances where we

12

encounter resistance by clerk's offices to providing same-day access, the reason given

13

is as follows: First, we are told that the court will not allow anyone to see the

14

complaint until after staffers in the clerks' office have completed an array of

15

administrative procedures associated with the clerk's office processing of a new

16

complaint, which over the years has encompassed an ever-growing list oftasks. Next,

17

we are told that due to budget constraints and accompanying staffing shortages, these

18

tasks cannot always be completed quickly, with the end result that, as is the case in

19

Ventura County, the press is not permitted to see new complaints until days or even

20

weeks after they have been filed.

21

20.

The tasks associated with the processing of a new complaint vary from

22

court to court, but can include, for example, imputing information about the new

23

complaint into the new California Case Management System or another electronic

24

case management system, checking the complaint to make sure it complies with

25

applicable court rules, "quality control," and/or putting new complaints into file

26

folders.

27
28

21.

Based on my experience covering civil litigation during the past twenty-

one years, including but not limited to my own in-person visits to many state and
8
DECLARA TION OF WILLIAM GIRDNER
1167983 vI saf

FER136

ase 2:11-cv-08083-R

-MAN Document 7

Filed 09/29/11

Page 9 of 158 Page ID #:131

1

federal courts, telephone discussions with officials from state and federal courts, and

2

my activities in supervising Courthouse News' reporters and editors, I have observed

3

that it is entirely possible. where the clerk's office has the will to do so, to provide

4

prompt media access while still attending to processing in a similarly prompt manner.

5

New complaints are not being actively worked on all the time. Reporters can review

6

the new complaints not being actively worked on, return them, and then review any

7

remaining complaints that were being worked on at the time of their initial request,

8

As reflected elsewhere in this declaration and in the Access Summary, it is both

9

common and traditional for courts to provide credentialed reporters with access in this

10

manner, before the clerk's office has completed all of the administrative tasks

11

associated with the processing of new complaints. To make sure that new complaints

12

are accounted for, clerk's offices often couple such review with procedures such as

13

requiring reporters to provide collateral such as a driver's license or setting aside a

14

secure area for the media to review the day's new complaints. In a few instances,

15

courts have asked our reporters to obtain a Live Scan background check, which they

16

have done.

17

22,

Based on my experience on working with other courts, it is apparent to

18

me that providing same-day media access to newly filed civil complaints -

19

fundamentally, the simple act ofletting reporters see the new complaints that, because

20

they are newly-filed, are already centrally located in the intake area - is as simple as

21

opening a door. It need not involve any extra expense or staff time beyond the de

22

minimis effort of handing a stack of complaints to a reporter, and even that de minimis

23

effort is eliminated if the reporter is simply allowed to go behind the counter to pick

24

up a stack of complaints to review, as reporters do at the"San Francisco Division of the

25

U.S. District Court for the Northern District of Califomi a and in several other courts.

26

23.

Despite this traditional practice of providing reporters who visit the court

27

every day with same-day access to new complaints, and despite Courthouse News'

28

efforts to work cooperatively with the clerk's office of the Ventura County Superior
9
DECLARATION
#61983 vl ... r

OF WlLLIAM

GIRDNER

FER137

Case 2: 11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:132

1

Court to come up with mutually-agreeable

2

the same timely access to new complaints at Ventura Superior, the clerk's office of the

3

Ventura County Superior Court has refused to do so.

4

24.

procedures

Page 10 of 158 Page ID

to allow its reporter to obtain

Courthouse News' access problems at the Ventura County Superior

5

Court began in 2008 and are detailed more fully in the declarations

6

and Christopher

7

Marshall, the editor at Courthouse News who supervises our coverage of the Ventura

8

County Superior Court, to see ifhe could resolve those issues directly with the clerk's

9

office.

Marshall.

of Julianna Krolak

At the outset of these problems, I instructed

These efforts proved unsuccessful.

Accordingly,

Christopher

at my direction, by letter

10

dated April 29, 2009, Courthouse

11

Michael Planet to bring to his attention Courthouse

12

new complaints

13

timeliness

14

further.

15

to procedures

16

provided Courthouse News with reasonably timely access to that court's new civil

17

unlimited complaints.

18

resumed.

19

News' counsel wrote to Court Executive

Officer

News' concerns about access to

at the Ventura County Superior Court, including problems with the

of that access, and to suggest an in-person meeting to discuss the matter
A true and correct copy of that letter is attached as Exhibit 5. This letter led

25.

being implemented

by the clerk's office that, at least temporarily,

However, the situation soon deteriorated and the access delays

In November

2010, Courthouse News moved from twice a week to daily

20

coverage of the Ventura County Superior Court. At about the same time, I instructed

21

Mr. Marshall to once again try to work with the court to resolve the access delays.

22

After those efforts proved unsuccessful,

23

once again wrote to Mr. Planet to request that its reporter have same-day access to

24

new civil complaints

25

visits on a daily basis, and provide information

26

courts to provide such access.

27

Exhibit 6.

at my direction, Courthouse News' counsel

as is common and traditional

in other courts where a reporter

as to the procedures used by other

A true and correct copy of that letter is attached as

28

10
DECLARATION

OF WILLIAM GIRDNER

N61983 v I .af

FER138

Case 2:11-cv-08083-R

1

26.

-MAN

Document 7 Filed 09/29/11
#:133

Page 11 of 158 Page ID

Mr. Planet responded by letter dated July 11,2011, a true and correct

2

copy of which is attached as Exhibit 7. In that response. Mr. Planet cited the court's

3

budget difficulties and then went on to state, "While I appreciate the Courthouse News

4

Service's interest in same-day access, the Court cannot prioritize that access above

5

other priorities and mandates. Further, the Court must ensure the integrity of all

6

filings, including new filings, and cannot make any filings available until the requisite

7

processing is completed."

8
9

27.

At my direction, Courthouse News' counsel responded by letter to Mr.

Planet dated August 2, 2011, a true and correct copy of which is attached as Exhibit 8.

10

That letter noted that other courts provide same-day access to new complaints before

11

those complaints have been fully processed, and that press access only results in

12

increased costs where the court imposes the requirement of complete processing

13

before providing access. As of this date, Courthouse News has not received a

14

response to its counsel's August 2 letter.

15

28.

In the course of running Courthouse News for the last twenty-one years, I

16

have observed that delays in access to new civil complaints present a range of

17

problems. Delay means that the public does not know and cannot know who and why

18

a person or entity is being hailed into the courts, a powerful institution of government,

19

because the action is hidden from view. In purely practical terms, delay makes it

20

extremely difficult for journalists to cover new civil complaints because with each

21

passing day, those complaints begin to move from the intake area to different parts of

22

the courthouse and a reporter must chase down complaints one by one just to find out

23

what is alleged in those complaints. Delay also means that information about new

24

complaints comes out only in bits and pieces, through a court posting limited docket

25

information, messengers who recognize an important action, or plaintiffs who,

26

because of the delay, are given the power to manipulate the news because a public

27

filing has not been made public. And delay causes subscribers to question why we are

28

reporting on stale events, thus damaging the worth of our publications.
11
DECLARA nON OF WILLIAM GIRDNER
~67983v! saf

FER139

Case 2: 11-cv-08083-R

1

29.

-MAN

Document 7 Filed 09/29/11
#:13

Page 12 of 158 Page ID

More fundamentally. news about what is happening in our courts is

2

central to an informed public and our open way of government. It is at the same time

3

highly perishable. When I started out in journalism, I was taught to write a "second

4

day lead" on stories that were not from that day. generally by emphasizing reaction to

5

the original news. More than anything, it was a device to cover the fact that we were a

·6

day late. In Ventura, we are currently reporting new civil actions with such delays

7

that there is no way to disguise their lack of timeliness, with the result that their

8

importance as news is greatly diminished.

9

30.

Articulating to state court officials what it is that makes timely access so

10

important is difficult because it seems to me so obvious, so innate, that information is

11

interesting and grabs the public's attention while it is fresh. The power and personal

12

impact of information is at its highest point in the actual moment that it is happening.

13

Every day, every week that passes, events fade further into the shades of the past.

14

Time takes away the vibrancy and immediacy of events as they move, hour by hour,

15

day by day, into the realm of what was, soon to be recent history and then history.

16
. 17

31.

To illustrate, a reader of news looks for the most recent football scores,

the latest swing in the stock market. or, on the political front, the fate of the most

18

recent dictator to be toppled. Even a day's delay diminishes the power and relevance

19

of the news. In the case ofa new civil legal action, I call it the gong of war. Recent

20

actions such as Apple's battle against Samsung over il'honea, or the U.S. Justice

21

Department's challenge to the merger of AT&T and T-Mobile signal enormous legal

22

contests. While not all new civil cases have such broad significance, they are often of

23

great importance to the parties and their lawyers, as well as to other businesses and

24

individuals who business operations or matters of a personal nature may be affected

25

by the lawsuit. Delay of the kind we are seeing in Ventura County is contrary to basic

26

principles of open govenunent and contrary to the interest of the public, in all its

27

variations and subsets, in knowing that a legal battle has begun.

28

12
DECLARATION

OF WILLIAM GIRDNER

~579S3v l •• f

FER140

ase 2:11-cv-08083-R -MAN

32.

1

Document 7 Filed 09/29/11
#:135

Page 13 of 158 Page 10

Working as ajournalist, I have observed courts where newspapers

sent

2

reporters to review and report on new civil complaints but then abandoned the

3

coverage when new filings were no longer available on a same-day basis. In other

4

words, where access to a new complaint is delayed, it is far less likely that the

5

existence of that lawsuit will ever come to the attention of interested members of the

6 . public. The converse is also true. Where a court provides prompt and open access to
7

new actions, at the Los Angeles Superior Court, for example. reporters flock to the

8

source of news.
I declare under penalty of perjury under the laws of the United States that the

9

.'n

10

foregoing is true and correct.

11

Executed at Pasadena, California on this l..t day of

September 2011.

12
13

William Girdner

14
15
16
17
18
19
20
21
22

23
24

25
26
27

28

13
DECLARATION

OF WILUAM

GIRDNER

#67983vlsar

FER141

Case 2: 11-cv-08083-R -MAN

Document 7 Filed 09129111 Page 1 of 158 Page 10
#:13
i

EXHIBIT!

FER142

Case 2:11-cv-08083-R

Page 15 of 158

Document 7 Filed 09/29/11
#:137

-MAN

Courthouse News Service

PagelD
Page 1 of3

News Service
n"m.loy.

Bob~"'F..,..;.\)1~
Stir ItUpOD Witmoall
~

te&tlfyaglltnst
I!Op)'t"lzlI ..

or

over the

,0 Ilrengg.oelegeftll's

mO'iter reeonling,o,
ruled ~~

C1Aogl>nl JeffroySter];ng

told afoderaljud;e th.t thattln
lour subpc ..... b. WBIIto I<> ...,...,
tile V.S, Sonate Seleot o>rnaritt ..

\VAR

juclge

8 fedorol

."""c.r

10 Dot what

an Intalllgenee
prooooulon;
<XJIed!1iOlL"

Goodwin Uo C<onf!rmellw
California S1IJ'I"!RU' Court

can '.
Q

W~GTON

No Tria! On Google's aG Smal'tphoneJ'l"QnUses
ByCtilllS IMI\5HAL~
SAN ;FOSI!,Cal'f. (eN) -AfedonrljlOl~_od
two .1....
octIonslbat claimed Gooi:l<; mlslotl OlJlartphone owners .bout
""";oI."t lIG"""""';vil)/. rmding that tb~ plaintiffs could BOt
p.ill»Oint..ny.-l>p"",""",," Qr
G_

Appointment.

to

[eN] - Colifoinla """"'!"'"'" connot sua gaoolinc",tuilCIlO
over pump """"leo tj,a. alIegod1y"ir,.po"... •
smaunt of
I~de
gasdurill!: hi~.
fuel pwdJ.-, the g!h
amuit rulod'l'humdoy. G'J

.moll

1D1.nlnlouoly

U.s.

(eN)-

Amori •• lIB who Iwntod IIId
killed elldmgeted
AfII"""
d.p/IiOtltsln Zombi • .....,ot
brin~ trophle, ofth.ir prey
boclcho_.
fed=,ljodge

UniIrOroityofCollf=t.

U.s. tl>YC!11ll1<Dt

callt [CN)
",ad. the
eot=Iy hlt "Napokon

SJ\NTAMONlCA,
-'l'ho""",pa"l'
thot

... ""ot

5Ilpulate that itlOSt 830

rissin8"

or K bi4-

rulml

j

m_"

oaughJ'CO!" ror Ilraltleboro, 0YeII
bd= Hum_. I"",. look out.

CHICAGo

r...twIDter. big oldllpOl'tm""
building burned ond water from the

TntcrnaliOllli! Court
Tho HogUe bl"d"",a the ,ovem:mentofl!i:uo<kir
I.

Justice.1

'Ul1duedclo),>"cfI5Y'="

"

'll:te

lo.dywho nmo Fu-dly ~hop I.
gomgto tt)'tD "",I« itoS8l\anline
too. AJlth"..,

JoJ>..
Down M.inS'trcm,

(CIU-Ion orbitnItioIIlrib"""l.t1h.
F'Y cbo>-ron and itileummt.""'diaJy

"fire h""'" ~oixol
...... on it.o
groUIIQ 1I0or on I.IIlln SQ"eel. An

tbat'.gon.

In ruIln~on~

rly t99OS,

d;"J>1!Ies in the ..

Taaoo

896 million
""rornerclol

=...
i"".

restaurant juol oIom! too - ga"; ilS
employee> .hall! an honr'snotie.
ami boo,,",
Th=llIwoffl"""thoth"
.... bcon
b=fot"mou1lmna~IiQn
clooool "P, 0...",verite Inill."

rosbIurant .t.x down. The MolB'.
'fi..:rn O)",od. A =taunml that
Wll9 ruined by tho fin; water ond
smol<e m<ned ooon forth ...
And Bmltlebom Books, Ihe bOIit
\Dell boobtm-e in • 8O-mile mdillB,
JWIleutitselfln b .. rto""""renI.

"""Y.

for

of

on

Q

Oiva BirIh to Odd MIIknoilJ"LawimiI:

Smuee

Sv IUUA. FlUP

I

I!Im'ON (CN) - /I. ""'140<
of twins ouod h"."'ployer
for refusin; 10 gmnt her "
..... ""D.lIYleo. .. beca ... "i,.,
did [lilt physicaUy give birth
but t!!M!:d!

II.

=
~

I·

r ....
-

~n

requ;riIlg long·baul
~peratcdby """,pont ..
with COlI&lstenl ",(o(y
b-uoks

•

i]

SALT l.t'oJa: CITY (CW - A obiiliff'. 4«j>\l1,y mode • '7-yeta:roldglrl otrip1arhimlnhl."'1.UDd
..... soh. eould 'oheckfor a

Federal Court.

[CN)-Tho7lh

Cl~tsl"",l<I!~wna

ViolaUtmS to monilorthelr
driv"",' hou .. oIwttwii""lly

Teen &VII Sheri;lf's DeJ,>otylllade HcrStrip
By JONNV !lo~"",,,,

pi.... 111· .tt"d"aLiolyl<llirlg h.... h~ .... .......tod OIl
a'U~te'Mltl1li"dl]n.
bernln cblll'1:-;O the '=n~"J:S ilJl

"'-ollc",,,ry-drug-Ioy -tore, whidl h ..
boenth"",f_,d ... dond
tnaved IIIID 1lSbnm"llOutllllin
•
strip mall on the owld"" BI' 1DWn.
The Ham< Depot Ihot anehored
Ih.tmall oloseildurin~the
h.,.... the ""reel. • choln

of

G!

~~
~Ii

Bye

TIl'llee".b>g

oiIdboI1 "-Ill hit.

lb.

By JOE CEl.ENTINO

bloek cfhusi .......

""''''.00

..."""Dnt:t<lo!r..,tttof$1o
tuilliOJl in rol.lt;~ fur home
YidcDooIeoand

'lrudoa-. l!ro1ruIfcaJJfor
HourGa", ...

Il.

DYIl;unlte' all. $400.000
budget '"YO l<II~ !lellTdbllght
Ploture.used
HolIywuod

~

Q 1;QHUlJW]'iM

.... zone fOTllood. Tim_sin"

Vod"G Right. AoI, which
~Wre il to ocok oppnoval fIlm>
the I"edelaI gtWelIlWent to
ohango ito olecfum la..... and

8~ 1I.z PD'rClCSNAK

By RO~5RT K~t<N

ltaliacn:mmunl."d.b_~

the oonstltutlDnaUIf
of~recllLilta'tlf!lt!"
aec.ti01l2l of the

'Napglcon Ilymmlte'
c.-tor_Fo"

IWh.....
been

Amon.

PHO£N]JI: (CN).
chollen~

~",,"-Gi

OO!1GplroIeyfo<
1Igypti...
development co_in.
rotrl.I.,E
pwpgrtod
ooruplmto
a fed~ judge

BRATI'LEBOROJ VI. -It'9

~I~~Ht.

ND Sborteut&
In J!etr!al for
Jlgypt Bid·Kiu1n8
Br DAN MCCUE
WI\llHlNOO'ON (eN) - 'J'lu,

million "" ... U'"

Bed<e1ey Prof.... r GOodwill Liu 10
the bend. lotoWodn<o<lay.

.~

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nAl'!dL

a....AetioD
.

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SIW PRANClSCO [eN) - The
C.nforni. S\ip=ne C<>lIrt tin;; with
applBu!;e .. tho cmnml.lslO)] on
_""ed

rolig;.,n;n Montana .. nnat
smoke_rijllan. duri1lj\ ilio
probotioll. tho9tbCl",llitIUbl
Tbund.y. G

ar RyAN ""'mOTT

Fud RIDt!IOm for Premium

'~INGP
_~~HE

of.eannabis-/).,ed

BODlG-~ Can't~
liIepbaDt Co>"l"'''"

_

ByJAI..,EA088

&hlng"

By MAR .... DINZEO

Judioi.l

celebrant

...
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ofV~1I:Ighb

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(eN) -A 00JJVIcted Dleth
deal ... who ol.lnlsID boo

AlJ!XAND1UA. v.. (CIIl}-

STArE

~~

. Pat-1I11ft<i lIaIl]IIDn Blew
SIROke.1 Probation

ByA't'AN ABBOTT
00ll

the UMG "",Dtd label

in an Ilj)(:'>IIIilllltlial

LoIotUpclal.: 4:31 FM PI"

2011

Sterling Balks at Prosecutor's
'Fishing Expedition' Allegations

Stand

ADAM KI..ASf'aD

MANHATIAN (eN) • Bob
Marloy'.milowond
<b~

S.pl<mberOl,

j

../

EU lU:l">rt Han. Redw:e,
lWue. ReqeleEtho>s
IIY SONYA ANGELICA tJlEl-i~
BONN, Gwmomy(CN)-

Be_.~lid-wasto
m.".mentmthe Kuropeon
U"l(m coroId "'" 8G nillli""
of -"'on
di"';do
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.-.port fu>m thel!lJropeom
t"",.

&"';IOJIIIIonl

A.!;

T_Stripa
Upl"doibymp

"gstational

By CJW.E~O""

oy. (]
Feeo
Cotu-t

tANGFO.EW

(eN) • Tit_ Texat

earrler.'"

,","

SUpreme

Caw! uphold a lawthatfo:ro=
w;p o]Qb. <erving IIlcoholto

Q
SFCctlIt

ay r,.....IIA

Slrikes Deal to Save 100 Jobs

OINZEO
SAN JrRANCISCO

(CN)- AfterfaurdO)'Oof
negoIi.tiono,
5mmciallyda(lOro.e
San FtanaJ.... Supori .... Q,wt rtruol;"
d...Iwllh theJudlulm;y'o."""troI._tomtliatwlll
.....,
IDo JObs III1d IIt!op 11 "",rtrooms

open. tbedeal

com .. ~'Il'"

afb:r- Pr.,.;a;"!I:J,q.,lC:athorin.l'oinmbIoai<l
the
Adl1llnlstmUvo Office of1be Courio had alfored only •

pay thoml.
plllrOD

55 r"" ISVerJ

'hey~.~

O~.state judg,o oaid

thal
on\O.UJItei1

to."

""""",,~ruIionollUll of
protecte<I ~
@
'WDu1tB.evidt
DccloiDn to OKolail MIIIl
Court

Bfm.tHUlL

WlISHtNG'ltlN

(CN)-'The

V.S. Thh and Wikllif.

Sorvi ..

""" dtSl!"0ted 47,3!1l!
In
SonQlt\. Collllly .. crltl 1
IWlltatfor thoo""domge .. ii
Caltfurnla tiger .. lamond!!!'.

Q
Inllricf
'Ihrow Awsy the Key
BOSroN • A fonnel" Inmate
wh<> ..... <oc=d ihto '¢)I with a
prison guard up '0 100 tim ..
while: .r;;cmng time ea:n calIetrr
"" ... Sll~,OOO[n .nomeyo' f_
ar...a..-.ljudse.",Jed,oB the
lreeIo of ~
thejwy'.

~ooovdC!.

~

T.....".Death
SAJoIlIIIRNo\IImNO - A
m<low oIaims thno. S&t:1
IIemaldlno CG1lIIty oh.erifr.
deputl .. Taserod her busband

Exhibit 1
Page 14
http;//www_courthousenews_coml

91112011

FER143

Case 2: 11-cv-08083-R

Document 7

-MAN

Courthouse News Service
Then Inme blewtlm>"Ilh m..n_
WbelGtan_ Brook jlllDl"'d ito banle
ollll fjllod..n the _men'"
0" fllio!
Btrectwlth water OIla their ~d
\loon with mud; Now Engllll)d
Toutb"fhe:ater~ amaehl:ne sbop.1I.
mw l"'b and nobQRl:l\, ... lnJiOl1
Impart shop.1ho

Movi~~""

&~~:ay.~~G....ned.'D~~

earthquake

~t-~~SeardJ
",
::::

It·.ha>d

tn VermoDt are elill eutofffrom
awrytbi~
HJ6.d.$ out. nl)plMlet) IKI
foo~ ",""",th0J hike out oftbc
mD1JDJ:a.i:mfod

gwmod dO\'m ln~ling
marijuana grow
on p_ti,.,!= \"",1, the

AmfvIB.'a

repons or.

1Ium..nm..-8lllI1dord

Mol~·. .t
~
HlIWIhorne TIm ..... CQrnPIUIf
told the Tim •• -/lb"ul.'" that.
mon ·"""".dfire on the poi.
with .l.igh-powerod >ille,
Hporled.

hitlln;: MeJo IJillltiple tlmos."

:£~~aA

_a.

wnsplring to commituMWt
With. deadly weapon,

work.
B. alom.. tb. d...... I .. id, "As lo.g e, 1M~rh onoln moes,

<t_mia,froma
olO-j'Oordnq;
r1"1!' he .JJ.godly .... out of the

I hove

denlol

III Indian;"

my

Teachel'S

book po ....

t: G!

Sto .....

C.n"bboBll

d by New RpIes

week .. "" _ """ sehool6triot will
Implemen, G.v. Scott Walker's :Bod",t Ror'W-.jilll." which
prohibit • ..,Dooti"" batpiniDflf\'" on)'lbibti1iut'!<aJa>y - 0,.Q
they don't li~ 11-Th. New Bern{i'Sd:i"'iD!"Irl~\' Dew
ilmplD}'CGH"'Ifll1.ok tokes _
today fJ'h~y);

tea.""".

CItUittberrU;lst"punitiveuinthe:9f:Ite.

G!J

Ul1II<Ilved Killing Creates
(eN) -A

JIlI01I

~th • fedenLl court.

Sll'P.illian

.....

hol todoalh

Gi

1n1lion.

Y__

W .... "" plol1\J'oI'

oowardl",Coontrl",faolng

.....

_1:10

nIl.d.

::n~~FORDll.ep
WASHlNGI'ON (eN) Pre5id<ntOllamn responded to
Speal= of tb. H
Jubn
Boohn<;t'. roq
foI-.liotof
oil proposed regulali.",. thaI

ouch

progt1llllS.

~

Iollriod'
T""'l"'6tIn"Teapot
OOLUMBIl:l. Ohio - i.J'befzy
CouI=I, a lilill"lari<>r
ton3Ol'VBu.e "'''''''''' cloIms th.
Ohio Llb<rI;yCOlUlcil, ....

il

p~"

Old Meat

WES'l'PALM

BIlfoCH-A

II1lUI 01,.",.

WaJ-Mort db.
Cl.ub 'fired "h1m for
wmplolDlOj; .bolll bemK
l

S'atn

..

gp~nttilJ'll

dates on moat that haillllre&dJo
""Pi",d' and "t<> grind "!'

e><piJed moot to..,U to Ille
.. 'f=b'

~~JNbUc

groqndbeef."

Q

B... eflb .. n..y .
l'cItT WO!crH - A
o!aimo ..... ba ... at Sprint U_s.A.
forcod 'O¥OI)tJIIO In bll; group"

,..onum

to ... lchpotDDgBphi.\Ii ......
IIhd dloeusothem, co p>Jn of
Ilring If they refuood. g
lmfdl; "l"nIdiPg

NEWARK - Jomes If. 'rum ..
n ODd hiI=npany, (ley
Caplial Mano",men~ rellped
$3-9 ",~BOJ\ln "illicilg';"""
m,m Imlde tnodIn: (OTl'drn ..
and hia""hort.,

InoludiOj;Saml

A VoUrnor,5<'>ttA. &Obm",
'''Q!\lotl< "- D ....mn, tho SEC

--.0

v.iolates its

_e~llIDlI
MANHATIANAnthoqy
S",I_Jr_""d Piaro""Obocl<;
CapituIMan"!ement. wb.~he
IDS ANGELES

root"""

monoy_ a..tt .... h..., even ",ore
penv:nal ~
ond poli1i.&

tho 2nd =uil

l

allYlJlore by

ThM's JU>n>O:I1SO. The Uniled
StD.t ... l. not"",1«o. OUr gl'O$S
dCll1lllSllcJll'oouct is IItOWlQ SIS

rec.retUD'llDI

trod.......l<-l]

.omIrumd to bollor ibat ..... 0QllIltry
isbrokc, Ih~t weconnatofford to

WD1.., ..

oJ"'"

paitYo.:t81iticn

poll1iciJms ofolllrttip"1,
blJl
partloula~yofDne
stripe, he",

0""" wean.. than it oInady Is.

eatencsln a l<lJ1/;"'<Ullning
.... a""'ork dispute """ lay
10 the 'I'Ilt¢" nome,

~

do<>I'1PewBl'tmn half of1hem, I
b.~
WhIle all this bas beru'I going om,

~.rot,

a..

wruld OOSI lO" tllan $1
D
billimuumU8llywilb
• ~.tof'

III howlIl8lI.ycounLT"icIiDlhe
world are pcoplclnllY ~loIlj
10
.Ilea the g(NBnJrnent i!l:ljEl!! to their

!hal\10.....,
IGmoke it

and other ..,ploy •••
llmarijuanlll for their

_ otd~d"'tQllllwth.,

C_DB o..e.nt-f'or.-TI\t

$1 MDlion l'roblem

in hl.
driveway'S
<I~5 .fter his wife booorne the benefioiar)o of" $,
ttillllan poll")' on .... nre, and the Ins""," _
ta d.p,,",", ..,.
PHTLADl!.LPtilA

nadDll. !)

No_.mark
fop !he
hilly'. ofNewV ....k
lIy MATT ReVNDUlS
(eN) - N,,;thcr
of
11<01;...

'!.

KJI..-EfI

By ~EUBEiJ

lWortoinmont Worlwfirm!. him
fon.n.slng to ,upply bls boss

rucke\.<';nr;~I"'''1orul.

BSlV'wm>lD &5IlneJT,l1!kI ~
froe tripoln ... Ium for
...".,.,......ry

MedlcalM-u .......
I!J. CAJON, Calif_ - Amon
,.;Ih a praoodption for rnodioal.
mmljuano e)olms

guiltrWodne,daylo

VClJDont

pn)bg_

CHICAGO (eN) - Th. 7th
rcvivod cl.w... !hot
Chloago poD.. officen; .. "",iI
th.. olootb or. prominent .I\'Il
tight.. .ollVl.rt by refuslnglo
l"""id. 1101' medi.. do"
with
wbo.n shOWdun<lor
unrt
Q]
=";1

'"

~<":."

ogoncl ... airlifted ouppli .. to thorn
cn Wedn.,d.y_
AAllitod ouppli-. To _J. ..

"£a;d goYcmweill"

J>ealh In.rooU

09.:iN1IND

;"

,lUde .WInS.

dentlst ""oil hI.oElUiIIT....

lW USA eUCli!OO!Ele~
(eN) - Toiocl1er. tblo

Iho mlddl. oi til[t'~
s1tuat1""" lll<e thiOfhat o;hDw
why we ~
gavemment. A
Il".emrnentlhatn-II
..... , Il001
ho.
r=rve& t. ~ upon, be Itmoc<),.
"""'k .... , eqwpmOlll_
Oneoflhelittlo
t<l'Ml8iJl Ill.
rncm>1Rino
bore. Wordsbaro,
populati." as'!. 'NOS totolly OIIt <>If
by£loollaSundaT. it.! I""lpl.
"",e'""d no belp until t:m"'mmenI

By.roe

IlWlII ....tim ea, Q

- J..... ,-, p,..,iJtm.I
"
Pleads GuIIt;Y1n Ntt

"Ibis LllWsolt May PiDCh a Bit'

IUld fi.bing

G'!I

eop.1I!f..,. B~UaDle fGr

dmth 100... _ he hOlOhd
whon a &.put;ytumeil in !rOD!
of hIm;,1 on lnte...:lilm, ond
that olhe>-deputi es J.\Jihed ..
tb. _
'lUend tho dfo!g
to

"ft' -..~=:~!~

.---------------------,

Wiseonsin

hDm,""
IAwone
housefallonmto Iho
ri'\I'I;:T, Eln.d onother one dumped moo

dim"""'" aha"",.goa;:~.In
ou.te~<w~JoJlo,.

••

Just In that "". !!tretoh of
DlDwl.;"" wh .... 1 takolll,l'blcyole
rides BIl mo.ny ~ oJoooto tDpOO
poopl. b&... ofi...-..;l ..,.. of
eYelJ'1lIin;. from thdr p .... r.c to
tbejr roaa. to tb.;rjohs. \Q Ill_I.

aCalifotniapob!i.berto
•

P"""""M"l""8Jld City
Counoi1m ... J.... Melo .....

town. oil

In the H1malo:yaa.
to !O\JI now many poopl.

9th are,,;,. oold

ThwsdoytholltwiU""tmoislt
o F.""""Y ruling tbatdowod

rr, IIllAG~ Ca&!.(CN)

and

Theirwvrkol'Swm belw~Qff,
.ano ofthomfor.l""l: eme. S"""
arlh. OWlJOX8baVl! ,old theywondor
iflhey'll be sbloIDT<lOi"'''at ~J_
Bml:lleboro is a smaU tow!} ana
1<'I'ing.n tho .. Job., orul 011th"""
_ply stardnmto on Main streoI,
....nyhurt_
AIlIlth.
d_ln
the loWD-'
all tho wo:yto .l<i oo\UIt!7,1ii
minute. away, 1.lnd""orlh.ol •.
They look 100.'ri~1 .£teron

of.~.

.:

!:be ground floor ors.." 's, tho
b!ggestouldDor
O11Iiitt..-in
.caked BllQ muddy_

Page 2 of3

(eN) - Tho

I-loken- deal.he hodn'l.'inl<ntion

latchlo Hotel,

allJi1"<Sla"'"""t,

Page 1 of 158 Page 10

Filed 09/29/11

#:138

cl

(eN) -.AnAlJstnlillIl

otuntmanwhDruffered

Rri .... """";"juric.wh.n.~w=towryonth.xtof
'"!he Hoo~ __ I'm H" In Ban9:olt has .. 011WJIIl1..- B.... He
clalms the stun, """rdil>8l!>r obongod the trick w,hilo i, ......
"""lIIl'IIlg.

-"

8""'''''

r;

frtJtn their
1'!nn In oncbange for kickboclw,
s.d..ro .u",<dl, made $1-1

"<ertain"""oitivoStim

ttllIlloafraln

~

mi .. ppropriatocl

81'0" lIIl'ofTeus

Borponmmel

memOJ3mllUlIS must berelOll6ed 10 th=publlo"lDldcr
CIpen~~BlI.1IIIS.

b:I!ormatl", otto~
Artbur
CUtillo IUId IIrlenSontarlas

olaI .... the ltale's
'full.d to upply tho prop"" lop! otandmd"

LA~>GFORi)

AlJSl'(N (CN)-TRo
..\to",,,)!
when bo d.cided

. --, .;

otii!:t:Kecords 'If-

BarTDsslesWn:1iA..G,
B)' CAUERON

.,.

1'tl<alJ

~

Judge Fre.uesFllIuis ofQuIllll.Starl:-Up
CIlICAGO (cr-/) -" federal Jud;e h .. frounlhe.&eIo

http://www.courthousenews.coml

portfolil):rJIsotlgeI".1IU'e:
tile I.test to be ch"'lled. with
iuwlwmont
in the 5Daic1c
trading ring Ihol Il:!ed

"i'R51l

of.

lL

illeplDcpm-latioa
BROWNSVlLl,J;, T"" •• 11.8. olliuc broth"", saytb.
U.. tod Sf.lcs ono'l JIm WoD.

WlLl4INClTIlN.

Del. - MTB

Brldgcport-NYOpol'aUngLLC
dloa Tcl..u.1on Slal'illtl W8AH
(UfII' CIw1nel 42) liled for

~,I~I
'50

...

than

in """"" and mon:
Ihzm $lDO mIltiOllln debts.
mJ]1on

s..ms a... Wobbli""
MANHA1TAN - Purl'ae
tho lnduot.W Wori<ono

ol.imo

of~
W... ld broached a
IIJnfidentiol .. ttlom<:n1
ogret!tIIC!Iltby
loaking

it.,.......

"'{IJ""I!'"VJ Crail1'. N.....,York
B-.,
whlebI'8llanAug. 8
1
stoq und ... !ho bdinc,

Exhibit 1
Pa~e 15

91112rn.l

FER144

Case 2:11-cv-08083-R

-MAN

Document 7

Courthouse News Service

aeb! edses rod.y - IeiIond, !roImc1,
Portl.lr;u.laml~-_1lO!IloIly
notho.ve I~m",,<)'to
pay offthl_
llovemmcntdobL
'l'lw lJni11!d State!! hllltthem<m"),,
""'just don'l want to doi~ S""' ...
""' ..... BOlli.", short-<llgbted ond
IIIld we clod !eo.do rs who~
t:VeD=tban .... ere,
ButSQln~tblDgo only
go...mments ..., 00. To run f...
govenunenl offi", by oIoillli:tg that
govenun\Dl.t i..s nil, thi'l.t it must be
st&-vod,""""''-:\aml
dobll]ta!ed.
to pervelV: Ilt but. And '0 vctfll for
people who .. y lheywill do th.! is
Qty!,i<L

GI'<*.

Should hdiatim> &po .......
mWorker8'~1l"hduced7
WASHINGTIlN(CN}-'Th.U.s.
NuolearRegulillotyCommisolon

requeoto oomrnont on whaU- tD
oreate<egulaHono baocdOli new

Filed 09/29/11

Page 17 of 158

Page 10

#:139

Page 3 on

mODey IIIAlllIBorand hi. bcdw:fuad ~dvl.. tyfirm.,.bom ill<;
potential j"...,.t"" .. I.,,~tthulutup
'lWlnl1mtho: bodf;e fuDd, the SEC 8o!dWedIl...Jo,yln

sa: •.......Joflyinr;to

""""unain!tbo~crfltof.d

sr.unns

RI

...." complaint.

~~RlW:OU"On"l'

Cbar&e

IleatsPol

(CN). NFLrunniJlg

baekl.a.wnoe

MoranOYWlllO

foUlldno!!;UI1ty of misdem eanm- nwijlu<na p~
beneh bi>oI bo£"", a oi~judj;c.

In •

AngeleS" Sa"" Shrinking C~
Does !\lot ~ect
Le~larioe Bnilout

l.o5

By MARIA PINZEO

.•

LD9ANou,ES (eN).

klthebigp:stlrlol';""'ln

: OiJif<m>i'!igh!l!foraway
II> dMl tvilh eo""""""
lo.)"tdU of:"vOQ pwpl~ill
thelleKl!ttceyeam,

i·~~t·, ~!!.J;
.:JL...•: ,.;
.

:O--- ..··~-·-·l

;-~-""-"-',-"

r ... ,

-'

,.1

I .

"

;

Y."

:

j

..'

Presidln, Judie lee
I!.dmcm.aidthe -"",orc"lifami8wjudldaty.shouldst"P
hoping thel.egiolatut. will baillhem ollllDld make ....td
dooioi""" "" prioriti .. that will k=p oollrto opm.

reQ~ti(Jlll9f1!8'i1nljns

1Im.ItiIIg tb. 8Ill1UIIldose ohedl.llon
to worMrs' eyu. Q

CoulllytneplJ,y aotninedtbem,
'Queens biz...w... wog~th.ct
u.d il1cgolJy dcp:Jrtod OlIO af
.",tfur S47"K.' [j;J
Ih<:m to Mcrlco.evontlmt¢
Ihoy hIId void docUll!l:lllB. !] · Lbolialiou.u, ~
LOS ANGl!.l.ES - An "ola.,.
HlBpani. ",,,,,Ie" claim Lao
Arq;d.. CoIllllJ.h~
daplJlleshoua=doOO
vlol<ntly
ret.liated ogoJno!. thoiTfomll)'

fO!" thol~poeaoaf"uI prot.st or.
daputi. ohaotinJCo d... ththoir
mn, ~uidJa.cbo,
oo.AUiI.S,
· l>i>09·

r..,
Iolj

Publbldna
Ml\NlLl.Tl"AN

- Mi~point

'Il"oik lIoob do:1.... Eri.
KampmIUlD ~.~
it by".. !fdealing, ImproprOe!y aM
m.If.....".,' l"or6J'fm"B,
· inoludlr.s: 1!mJofeJ-.~
~400,00D ofMldpoict's DlOlI"},
fD (na.nporl)')Bn1Jfort,
orwhich
l"Wnpmenn i. ptuidont" for
·ooot.o _,0<1",1" thooo.l,
Simpmn book, 1fl Did It"

e'l

E:ntln> CoIllmDDilt""

Sb-anded inVmmont
By fiOBEIlTKAHN
Wn.U"MSVIU.E,
"""""unili

_

:~:,~~f~~

Vt. (emlIl SDuihOlIl

Vermont romoln
toffhyfloocll:..g
tbat ..... hcd ""tm.do and bIl<1g"',
tuok 'NI how ... and dumped .... in
Ibe middle oflll.mad to old
oounltJr·

• -, -."

'J'

~. -, ,

\/r~:~~{~;;~!~;

:re:~~bl"
.-

c:o..purate Arropnee'llt BHilton
- -D!ILLAS (eN) - A doOlQ~
oiled. Hal""Hol.~
.r-'/./~ ...... _
/~
.'almll>g thatlD a &how of
"/(;v
;~ru1lIJhbI. oaop_to.

WOODUoI'iD, CaIif.-A
·faih.,..lam.. Woocl/alld, Joint
!1ninm DiottIcl: emplayeea i0oi<
hi> """outo!.ohool and Ilnwo
. him to. boIberobopwh ... hio
hoir-..""t apilmblowi!l,
ondloru..~
Gl

, 1UrOgIIna;,'" dcr III
""ploy .. ...,.our

Yidoatap:d

..... "n.....,..."G,
Dth"".taff membcrslm.,,"gatloll
more Iilan an hour, "'., .. bowed Ih",,;400 repeatedl,y

horfor
to • !'OClI!IfuI. of mOO "while the plointill" ......pt.·

G'!

Mothtt ofDri._r Whose'l'ro<;k KiDctl8
Sues ~
QfCDlitornia z;ooKB.ce
B~JAMIE IRISs
SANDrEGO[CN]·AlDl>lh

... ued~ofThe

CBlIfaml. ~oo o>ff'.totld moo fir the dis1rcs$sho OIlfI"ered when
she """, hoT "",,'. truok "veer offthon.""traol< ... /lip ov.,.,.nd
IdlI e1sht p",plo ..,<1. injun: d...." whD were pennlud 10

"""'·""'''''*- D

sland"" ....

GaulfhOU!llIlNIII'W!:~

~

-~

Jannsol'Um

-..

http://www.courthonsenews.com/

"

~

Exhibit 1
Page 16
9/112011

FER145

Case 2: 11~cv~08083~R ~MAN Document 7 Filed 09/29/11
#:1 0

Page 18 of 158 Page ID

EXHIBITZ·

FER146

Case 2:11-cv-08083-R

-MAN

Document 7

Mexican League on Univision: Check Your Loefl:

Filed 09/29/11

Page 19 of 158 Page ID

Lls'tmgs - NYTimes.com

Page 1 of I

"TJ::w New York 'l111le5 SOReI' 1lI0B

$EPTEMSER9,

2001:1,12:21 PM

Mexican League on Univision: Check Your Local Listings
By JACK BELL

A dispute between two Spanish-language television giants, Univision and Grupe Televisa,
could result in the games of three top Mexican league teams being pulled from Univision,
which shows the games in the United States.
Televise - which owns Club America, Necaxa and San Luis - has filed a suit in Superior
Court in Los Angeles in which it says Univision must stop its broadcasts of games
involving the three teams by Sept. 28, according to a report by the Courthouse News
Service. Televisa is asking the court to invalidate a contract, which Univision asserts runs
through 2017. Televise said it is prepared to begin broadcasting the games of the three
teams it owns.
Univision's broadcast of Mexican league games in the United States draw impressive
numbers of viewers who generally fall under the radar. Univision claims that more
Hispanic viewers between ili·e ages of 18 and 49 watched the aooz leegue tournament
finals than watched that year's Super Bowl.
Club America, based in Mexico City, is one of the country's most popular teams. San Luis
made it to the semfinals of the 2008 Clausura tournament Necaxa was the subj ect of an
offer from the state of Aguascalientes, which reportedly offered Televisa $30 million for
the club,

Copyright Z!l11 TIle New YDfk Tjnes

company

I Privacy

Policy

I NYTimllS.com

I

620 Eighth Avenue New Yor1l, NY 10018

.r.

Exhibit 2
Page 17
http://goaJ.blogs.nytimes.coml2008/09/09/mexican-league-on-univision-check-your-Iocal-l...

9/1612011

FER147

Case 2: 11-cv-08083-R -MAN

Document 7

Gallery Challenges Jeff Koons's Balloon Dog

Filed 09/29/11

da1m ~ NYTimes.com

Page 20 of 158 Page 10
Page 1 of]

IbrlidifUrnit IebaH

IIdsBeaI
Tho ~.

at I.cvge

JANUARY 21, 2011,12:14 PM

Gallery Challenges JeffK.oODS~S ~I60D Dog CiaiDl
By PA TR/e/A

COHEN

You may not have realized that the balloon dog you bought for a buck from a street clown
might be a collector's item. But the artist Jeff Koons, who constructed a to-foot tall
"Balloon Dog" that has been exhibited in the Metropolitan Museum of Art and elsewhere,
sent a cease-and-desist letter to a Canadian manufacturer and San Francisco gallery for
producing and selling "Balloon Dog" bookends. Now the gallery, Park Life, has asked a
federal court for a declaratory judgment that states the canine shape cannot be
copyrighted, according to Courthouse News Service. "As virtually any clown can attest, no
one owns the idea of making a balloon dog, and the shape created by twisting a balloon
into a dog-like form is part of the public domain, n the gallery says in its federal complaint.
"Any similarities between the Balloon Dog Bookend compared with the Balloon Dog
Structure are driven by the wholly unprotectable idea of depicting the shape of a balloon
dog in a solid form."

copyrlgh12011

Tne New YorK TImes company

I priVacy. POliCY I N)'Tlmss.com
~ -....
...:;,

'

620 Elllhtll Avenue NEIINYort, NY 10018

.;. .)

Exhibit 2
Page 18
http://artsbeat,blogs.nytimes.coml20

11/0 1121IgaUery-chaIlenges-jeff-koons-balloon-dog-cl.

,. 9/16/2011

FER148

Case 2:11-cv-08083-R

-MAN Document 7

Filed 09/29/11

Page 21 of 158 Page 10

#:1 3

Exhibit 2
Page 19

FER149

Case 2: 11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page 22 of 158 - Page ID

last Sept 11 suit - chicagotribune ... Page Ion

United Airlines, Huntleigh may have burden ot1~~ofin

GlUp1iilnnuB!yn '"

ur

Horne

Nvws

Business

Sports

A&E

Travel

HAIR LOSS
maKEs me:. ,

.

;,:-. , ;~ /I~ ~

-.

".,
;8
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:.

(:}?12 I,

Heallh

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Real Elltat&

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C:s
rs

Jl'bs

fSOOrch

Shopping

-- ;f
~

;j\
I"J

-

"
\'

Chl.:;agDland pictures from
the 9/11 anniversary

: ~

-

BREAKING BUSINESS

SIII'l tip

lIERINGJ,1(MEDlCr\L

.J-

I

_

Gallery: Photos from

Bears' openar against the

NBC 5 to replace Ginger
Zell- with 2 _athercII$Wrs

Falcona

c'-

United Airlines, Huntleigb may have burden of
proof in last Sept. 11 suit
8 6'

Common..

1

"'ti

:.r':;

[i'rmq

tbe CUUl"thcmm News ServifA.

"

"

:~,.':";'
;

f

'·i~'
'

r United

Ah'lines
and its sllWrity consultant Huntlsigh
",. mllY nssurne the burden of proof in the only reD1aining

i:, wrongful

death lnI'suit stemming
fuderal judge ruled,

from the Sept.]1

USA

attacks,

a

VIDEO GAU..ERY

Related
Mary Bavis, w~ose 31-year-old SOil, Mark. died on
IJllited Airlines Flight 175, has not accepted a
settlement,
months "way from he1'Nt>Vembertrial

date.
Ninety-five
STORY, 'No crsdibIB Ihr&a\ 1. Ch"'go'

other wrongful death suits stemming

the attack5 bq~ been settled for

D reported

from

$500

million.

Get the f\I1I staty»

STORY; l,on. 1<1 "" •• tln~ud
Cantll"'l!!lnl8l$40M In ~ale

Topics
Uroiled AI< Un ..
Air Tranopollallcn Industty
Murder

,"

TM dldy da~n .... &$rf gin giving for
1
.'

mon

$25 rHSlOlUrOol
~iIdI

gln cerlifk:E1i2s rer $8

Subscribe

\0 daily d""l.

Exhibit 2
Page 20
http://www.chicagotribune.com/businessibreakinglcbi

-united -airlines-huntleigh-may-have-

_.. 9/12/2011

FER150

Case 2: 11-cv-08083-R -MAN

Document 7

Filed 09/29/11

o!~oo1n last Sept, 11 suit - chicagotribune.;
i

United Airlines, Huntleigh may have burden
Co""'O~l::: 201;. ChIc<Igo 1"rftlIm9

sa 8

~rmlon\o

Page 23 of 158 Page J D

Shire

1

BUSINESS

J

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In ChII:allO

t~ ~

:.71';·

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story

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D1s1t1l1llngChart. EXpose Th~Unthinkable.
Saethe Evld.ne<o •• No ............
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6rlgg. oxp...".1ino r<IT wearing
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Exhibit 2
Page 21
http://www.chicagotribune.comJbusiDess/bn:aking{chi-united-airlines-huntleigh~may-have-...

9/12/2011

FER151

Case 2:11-cv-08083-R

-MAN Document 7

United Airlines, Huntleigh may have burden

SERVrcES
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Page 22

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,, 9/12/2011

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PagelD

News Service

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Page 23

FER153

Case 2:11-cv-08083-R

-MAN

Document 7

Filed 09129/11

Page 2 . of 158 Page tD

#:1 8

Exhibit 2
Page 24

FER154

Case 2:11-cv-08083-R

-MAN Document 7

Filed 09/29/11

Page 27 of 158 Page ID

#:1 ·9

'I1U.: CLORE AND MAIL

September 5, 2011

Grieving mother told to remove pictures from cubicle
By Madeleine While
Globe end Mall Blog

A court rules there was nothing wrong with employer telling woman to stop talking abolJl deceased
daughter
The aeath of a child Is devastel!iIl9

.

\

to any parent, but being t<?ld to B.uck it up at work? Talk about rubbing salt In a wound.

Cecelia IngrahOlm, a former employee of big pharma gia~t ortho-MJNeli
Pharmaceutical {http://www.Janssenortho.coml]oireniabouUhistory.asp}
(now Janssen Pharmaesutlcals,
Inc.), 10s1her teenaged daughter In 2005 to leukemia.
tribute, th e grieving mother put up pictures of her daught<lr and hung her ballet shoes in her cubicle at work.

As a

But after a year and a half, her boss, Carl DeStefanis, ordered her to lake Illem down and to "no longer speak of her daughter
because 500 is dead ," according to a new report from Courthou~e News service
[http://www.courthousenews.conn!2011J09l02l39527.htm).

He was also accused of telling Ms. Ingraham to act as if her daughter "did not eXiSt."
Ms. Ingraham's behaviour was off-putting and distracting 10 her colleagues, making them feel uncomfortable at work, Mr.
DeStefanis explained. But that's not how too anguished mother saw th'lngs. She felt that her workplace had become Inhospitable
and sued for discrimination,
constructive discharge and infliction of emotional distress.

""5.

"I was st111 shock. Nothing was coming out of my mouth at the time because I was shll in shock and I was In disbelief. n
in
Ingraham testllied, accordlnq to a report by ABC News [http://abcnews.go.com/blogsfhealthf2011/09/05lmoumlng-motherforced-to-remove-photos-from-cubic!e].
"And I said to him, I cannot believe that. I says, I don't see anybody avoiding me. They
always come over, they give me my work."
A county court judge ruled against Ms. Ingraham,

prompting

her to file an appeal. whiCh she also lost.

The presiding appellant judge pointed out that it is difficult for a plaintiff to prove intentional
that 11 has be outrageous and beyond what would be tolerated in civilized SOCiety.
"We have previously said that conduct In tne workplace Will rarely ti~ so egregious
Infliction of emotional distress," Judge Victor Ashrafi wrote.

He also said that while many would vlewteUing a parent who Is mourning
the employer's fault If the parent overreacts and quits hia or her job,
Would

infliction of emotional distress. ciling

as 10 give rise to a claim of intentional

to forget about their dead child as insensitive,

lt's not

you stay at a Job Whill'll your boss told you to stop mourning?
Th.. GID~ eltd

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Tne Globe and M~lIlnc. All R.lgl1ls ReseNed .. Permission granled ror ~p I.. 5 ooples. An ri9hloo",served.
may flllW"Clrct thiS' article or get addillonal perrnisslon:5 typillg t.~-'=r-: 1/ i ~
by
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iCopyrigltl109~
ie a regislere6lrademar\l
or ICopyright. Ino..
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Inc. Th.e

Exhibit 2
Page 25

FER155

Case 2:11-cv-OB083-R

-MAN

Document 7 Filed 09129/11
#:150

Page 28 of 158 Page 10

Exhibit 2
Page 26

FER156

Document 7 Filed 09/29/11
#:151
Lawsuit a fine whine - NVPQST.com

Case 2:11-cv-08083-R

Page 29 of 158

-MAN

Page 10
Page I ofl

Lawsuit a fine whine

L""u __

mAI"i3...G1G

Pa~.;l::Z:5IlAM.Apd.3i,!lD1

D

A Norwegian wine collector is suing Christie's for $5 m~lIon for allegedly botching Ihe sale of his world·class coliectiQn gf
rare wines, Courthouse News reported yesterday.
The 2007 Los Angeles auctiOll was "a sevele failure," Christen Sveaas said after many of his vintage bottles failed to sell
or did so below market value.
A dozen boWes of his Chateau Mouton·Rothschlld
New York, the suit says.

1945 clrew $100,000,

$70,000

less than Christie's got for the same lot ill

And his 1999 Oomalne de la Romanee-Conti Rlchebourg, "One of the most 5Qu51ht-aller wines in the world," sold for
$1,250 iii bottle in LA - but $8,867 a bgtlle in London Just three days later,
The suit charges Christie's with failing to promote lfie sale properly, twice clelaying It unnecessarily and then holding it at
"the tail end of an overcrowded auction gaa&on."

WPOST.COM

i'l'Cl'VYORKPOSTIS
.INPO$TONUNE;,COM

aragiS10rBd IradBm.11I ofNYP Holdings, Inc.
, 011ll N~WfORKPOST.COM
are lrad erne 11Is

COp)'Jighl2011 NYP H,Ming •• In": 1111
ri~hts """""'d.

or III'IP Hold",,,,,

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Priv<Jcrl T0J1115
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Exhibit 2
Page 27
http://www.nypost.comlfi.printlnews/intemationalllawsuit_fine_whine

_c3.1kozC2JJif3PHH.,.

9/1612011

FER157

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:152

Page 30 of 158 Page 10

Exhibit 2
Page 28

FER158

Case 2:11-cv-08083-R "-MAN Document 7 Filed 09/29/11
Page 31 of 158 Page ID
Guantanamo Detainee Ghailani Convicted on JtiSt1reharge by N.Y. Jury I The Rundown •.. Page 10f2

i\ 8LOC OF I:EWS
LAW·· tIovombo< 17,10100\

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tlSICHT

7,0) PM El:IY

Guantanamo Detainee Ghailani
Convicted on Just 1Charge by N.Y, Jury
Dr; NF,y,~Wj!8l<

wile
The first suspect transferred tram Guantanamll militaIy prison to stand a
civilian tri.l WlISacquitted late Wodncsd.ym nearly "\'6IY cl",.rge that he
helped with terrorist Bttacl<s on tw<IAmeriellO emb ... i...in Kl>njra and
Tanzania

that kined 224 peo~1e ir119~8.

Mer a week of dellberatJOD, a fed~1 jury convicted Ahmed Ghallan1, 36.s
l'IInzani"" from Zan';\lDr oEone t:J)ont of Cllnsp!tacy and acquitted him mall
more than 280 otiw:'rountG, including murder and murder ""nspi~.
Theverdict deals a setback to President Obuna's pia"" fortlJling lelTonsm
suspects on U.S. soll Bnd marks. rare defeat tor the U.S. Attorney's Office in
New York, which nos a noar pomoct ",.ord in pro""euting terrorism .... u.
Prosecuto,. branded GhBilani a cold·blooded terrori5l, but tile defense
portrayed him a~ a clue1,..s=and
boy, eKploi1ed by senior al-Qalda
operatives and framed by evidence from contaminared crime 5=es,
Ghoilsni ...... convicted of one .ount of oonsplrecyto destroy U,S. prnperty.
He!""". a minimum or 20yearf and a maxillium oflifein priSOIlsl
sentencing on Jon" 25.
Ada", KlMfeJd', • repotterforCourtboQae
N ew8 S""";ce, WlIB in the
...... rtl'DDm and spo1<o with. The R.undown shortly after the verdiolWlOS read,
• At

tim.

evelYllDe was ten ... ," Klasfe!dsaid.

''People

-..en!

not expecting

thls,"

TIle jQrOl'llonly lcolu:d at th.e)udge and did not mal!e eye COIItlIctwith
Gh.ilan! or those II'Ithe~
in the 1'0_, KI~.reld said. "A h\Johed orilenllC rell
on tbe reading afthev".,jIOl, A ro-il1,l! of'not &\liltyo' were read until mlllIt
five, whlch was conspiracy 10 destroy government buHdings and property,·
Oeopite tbe cbarge be WIIB convicted on stln carrying 1M p\iientlal for life.in
prison, K1aofeld .~id
the.Jere ...... 1... 111 ... med very poo!.ive "Ofuir the rest of
the~h.rges WIlreroad as nol guilty. Ghafumi buaged hi.lawyeiboWri
handcuffed him and lookhiro out of the room.

g.,ards

Thejudge told thejuror.r, ''you have the right to be proud ofYOUrleMce in
tru.. """"," and .dded, "your nalion i.botter for peoplollke.)lOu, " 8ocordlng to
Klasfeld. Thejurors were al50 not immediately talking to the pres~ ami were
C8L11:ionoo to be careful ahout givins out p~nallnfotmatilln.
When Ghallani WIle trB".ferml to NewYorl< l~ot)'8l'l" tu stond triol, Jbn
Lehrer spoke with Benjamin Weiser orTh;, NewYorkTimes forsome
blIel<gmund on the CMe and the controversial Venue for prosecution,
You11 need F'Ias1l9 o-rbctterto viewtbis content, Downloa.d
(harg~ Griffin, Mik£ Melio, Da~. Guslllfton, TIrB AJIllHliutod
Reuhlrs contribWll to tlris repor/.

Un"",
f'nIss

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~ A71 earlier "".-.ion cfthis post h~dthe inr:orreorfost n""'~

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Exhibit 2
Page 29
hrtp:J/www.pbs,org/[lewshour/rundo~O

1.9!llJguantanamo-detainee-convicted-on-just-l."

9/16/2011

FER159

Case 2:11-cv-08083-R -MAN

Document 7

"""'-:'j ut;ti'!i: tr.~tt!f.

]~'e:Snrrnsot

UseW1~~

Page 32 of 158 Page 10

J~i1fCharge by N.Y. Jury I The Rundown ... Page 2of2

Guantanamo Detainee Ghailani Coti:vi~on

r~lU1 ""r! rt'C'''''\':''J':. ~ ""l.lhlhil'iil'.~ but\(!I,;,nr ...
·",.,.k....Indurle MOI1' .i~;dl",

Filed 09/29/11

PriraL')'

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DISGUS

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Exhibit 2
Page 30
hUp:llwww,pbs.orginewshour/nmdown/201

Ollllguantanamo-detainee-convictedwon-justw

1...

9116/2011

FER160

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:155

Page 33 of 158

Page 10

Exhibit 2
Page 31

FER161

Case 2:11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page 3 of 158 Page ID

, Valedictorian sues school: Was she snubbed be&ds~ of race? - This Just In - CNN.com B,.. Page 1 of 5

d

On tile Radar We break down what's on th

lth

look 111the stories you need 10 know about ~

de..y

Bltttle for LibyS Interpol issues arrest warrants as hlJlll for leader Moammar Gadhafi continues

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Qy..-besrd

Valedictorian

on 'CNN.9'J!! Collections of COl1U11wtsrom CNN.COIIIreaders on the biSSest ~lQries ofthe day
f

s~b;c~kDl

sues schopl: Was she snubbed
because of rate?
'{
,
July 26tl1. 2011
04:$6PMET

~

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A recent high school gr1Idume from ArlalnslS is suing: her school district. claim ing it refused 10
recogni><eher 119 the schaar. sole YIIlcdiclCrillJlbeC1lUl'c i~black
she
Kymbedy Wimbelly. 13, c...,,1Id the highest

grade

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C..mmenls

AbClllt this blog

point avcro.ge in McGehee Secondary School's

2011 gmdualing class, She did so III a young mother, according 10!he compillinl she submi~
ID the
U.S, District Caurt fDr Arkansas' Eastern District. She was named !he school's vBlediCIDri8Jl1jlldth~n
later given co-nlcdictorian stalUS with a white student who had lower gtalks. he\' complalrd: says.

.

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!
,

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..

"

.11U1s Shanghai plants
2

miuiste. CIDlcels
oversee flood rei ie! efforts

• Paldston~

prime

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\rip to

• Pakistani Taliban vow to i!tIaCk weddings and
fimergJ ... ftl!cir cl1cmiCII
• Seven dead in Syria clashes. activists ~ay

Exhibit 2
Page 32

http://newg,blogs.cnn.coml20 11/07/26/valedictorian-~ues~school-was~she~snubbed~becaus... 9/1612011

FER162

Case 2: 11-cv-08083-R

-MAN

Document 7 \ Filed 09/29/11

Page 35 of 158

Page ID

Valedictorian sues school: Was she snubbed beg~Js~7ofrace? - This Just In - CNN .corn B... Page 2 of 5
• friday's live events
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On Twitter

I'
If

Syrian dcfec:lor 'oonfC-"e.!l' on state TV'
~oJcBCjwrYb
.
cnni 12:06 pm ET Sep!flrnber J 6,2011

RETWEIil

"The issue lhat somecna's trying to pailll is that this Wi'Sa raeially molivaled." GlIII1eSlold CNN,
t
"Thai W~' t iII1 i55U~ with (the co-valedietoriens), ThiS is miclly an a;:admllc i:lsuc and B polioy
issue. 1I0t a raCial issee, 'I.
- ,

Exccllem questicnl RT @EortunaM"8ozi ...., Do es
I use QR codes?

~1hillJ

Wimberly is seeking punitive damages of575,OOO and recognition lIS the sblc valedictorian ofh~
class. Wimberly'~ compl.int ...... argllC5 the McGehee school dimiOl, in soitthe8SlcrnArkansBS nDl
100 far from the Mississil'pi River, habitually withheld access to challengingolasses trom black
Applo2.0: Analyst: RIMM's PlayBook 10 go !he
students,
way of HP's TouchPad 1!~'fIt ooIw9J<;ZJMXM
S
Wimberly said studanl$ wera 10id at a schoolwide lIli~embly Ibu aWBnco placement c111S~ were
AA?L
v~ry rigorous IIIld !hut only !bose Who rClllly !houghl th~y W<lwd thriv~ with inhmse ~rkl06ds
should elect to take them. Theil, individual stud[;ftLsw~~ takellllSide and told !hilt th~c1l1S!Scs
rl:lIlly
CNNMoney 10:53 am :tIT Septemb~r 16,
weren't Pli thai bad, she told CNN. The ovcrwh~lmiJ1g majori!y afthgsc std~nl!t wer;: ..... ile, she 2011 BETWEET
h
~aid, adding thal she was the only black sludenl in her AP literature class and one of two In calculus, •
.
PakiSlaDi Taliban 10 target Weddings
"Black students aremeern to ruly in regular course levels aIld mosliy play sports," Wimberly said.
''That's what were good oJ: that that's whQt we should slick to • that'. the mentlility ofMcGchcG. n

II

Wimberly said she hllli one leacher, for AP biology, wbo en~Duraged all student:; to lake the class. Its =jj~;J:51:07
i!IlI lOT September If., 2011
r~clal makeup wag hlf block, half while, and was more ",fk;Gtiy~ of McCJ-chcc's 'luden! popu lation, !l
wbich is 46% black.
Mhive
July20\1
The case has been gaininglncrellSing a!Lention since Courtliouse News Servicc reJlOl1ed 1)11t
i
MTWTFSS
Monday.
! 1 :!
According to the complaint, Wimberly's mother, Molly Bratton. works as !he McGehee district's
LL6.Z!l2ll!
media spc~ialisl On MIIy 10, BrllUon 1~1im~ from the schoo.l'~ cOWl!lclor thaI Itor dlW-8hll;r had
llllllli IHU1
=ned \he top grade point average In her class. Aftenlwillg dto exciting news with her dllUghkr,
11!.12.2!!:liZZ2J.:M
she ovcrheard 30moono in tho school's copy room saying !he accolade would cause "a big mcss,·
~U.ll~~;W;U
lIeConling to th~ complaint,
Later !hat dey, Iile complaint s~ys, Bratton confinncd her daugb!Cr's statua ",lib Superinlendcnt
Ofllhen •

...,
~

Then things began 10unrllY1:l,i1Z(ording 10Wimlierly'.
.'

'-'..

..

Tbe next day, die school's principal, D~II ThtmlpStln, lold Brlrtton that he had decided 10 appoint
another student, who was whim, as B co>-valediclorian. CNN was unable ~ ",ach Thompson for
comment
The complain! say. Thompson attributed !he decilliDn I() ~omething in the studwt hBlidbook, Ihouglt
the compllint says h.c did not list ~ speoific JXIIiOl}'.

~

AYu

®Wn-brk on Twirlm"
Authority prcsidcm press.s fur
full U.N. membershIp. huo·/lt.ooIYJ(m5iwlJ
26 minutes '!!IP
• Bailie for IlLi.!oo! llIgcs in~
stronghold •. ht!p:JIl.co/j SgA87iD
49 mjnuts ago
• Hurricane!lMilr.ill to bring heavy winds, rain
to Newfoundl8J1d. h!lP:tlt,co!U SJ8QzJ
• NNestiniiIII

l..!!m!UsQ

In regards Lorecognition ofa valGdiclorian, !he McOeht:e handbook says thai "SllIdCllt!lmust be
cOllrin~o~sly cnrolled at McGcllee High SchooIlhc last nYo scm~slars witho'" lransfc:rring during
lhis time to be consi<lered in class ranking Dr cl igible for valccUCIOrian or salUllItorian Sta1Il'.·
The hlll1dbook says students wUI be given the same class nmk onl)' iftheir grades ~ !be sarne, bUI
in deciding class rank, students wlllllower GPA.s who are takins more or harder classes will nol ~
penalized, OAthell said the Wbnberly'. O()ovlllc~iotorillrlhIId half II credtt.lIlorc 1han Wimberly and
lite dl1fen:nc~ in lhl: studenlS' OPAs Wi15,03 or .OS. Gatbcn Slid d& oulco_ would have been !he
sam~ wm the situations reYCIlicd.
"I would have made the same decision,· he said, "I was tIIeolte who made the ltI!imBte decision,·

Exhibit 2
Page 33
http://news,blogs.crm,comJ2011/07/26fvaledictorian-sues-school-was-she-snubbed-becaus",

9/1612011

FER163

Case 2:11-cv-08083-R
Valedictorian

-MAN Document 7

Filed 09/29/11

sues school: Was she snubbed be~~J*8ofrace?

Page 3 of 158 Page to

- This Just In - CNN,com B .., Page 3 of 5

Wimberly said sh~ blew ofstlld~
shlll'lng lI1evaI~djcrori~ positioj,'4n the past, but only ifth.ir
Gf As wen: !he 5111l1e.
"tlgwn tllIJe v:r)' JliSllieciJJU:lI int."
~
When she found our rhat her daughu:r would have a cD-valedlctorillIl" BnItton caned Oathell, who
told her he had OK'd Thompson's lieciiion, court documellts stsIe. The sa!loDl's OiIuoselllr had
already sent out II news release 10 the local communiI)' about Wimberly's acllicveTmnl, bulk
schecl thea sent Qut!l" ad~ional one about the Q)-vaiedictOrian.
Bratton sought to bring up !he i~sue lit ~ school bOiITdmeeting but wliSlold by GIIIIum that it would
heve 10 wail for ~ meeting after the schoo]'~ graduation Qcn::monybecause ohn ennr in I~ form she
filled OUl,according 10the documents,
In addition to these details oflhe ease, Ih~ .ampl&!nl also claima that the district places mote
emphasis on challenging its white studon1S !ban Its black ones.
"Al'ticM-American students were not encoulaged to take Honors Dr Advanced Plal:<Olllent l asses,"
c
the eompl aint ''10)'5. 'C8UClISi~ .tud~"1S hod to almOSTopt out (of advanccd CI"'5~)."
Wimberly said she
~(Other

WItS

S!UdCI)I!I')

lucky in Ibm she had parenlS who would :<upport her a~dcmi" pursuits, even
If rnany of her reachers wOllld not.

parcntll aren't as aetlve lU mine," Wimberly said. "Think abDut omldren who
don't have parents who an: ~ctive in !he schoo!.'"

Post by: JQurnalisl Ali BUehl
• Civil Rjdlls • Courts' Education·

Filed under: ~

Justice' ~

• u.s.

w. recommend
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(aTl-lltluNtI!Iya)

I. Cflrl1/ Snytil'r
Do you !hinlc they would hav~ thought thi~ h;ICdabout it had !h~y originally named !he white
stud~nl v.dictorilm?

AugUs116, 2011 111.9:44pm

11.l!!!i!!x

2 CUrol Stf)'tkr

I tIlink she IS SUing fur 100 little, The IllW)'CrgelS 1J3 of it, and !har barely leaves enough lbr
four years of coUege aI a good schOQI.Hop:f\Jlly she will get a full scholarship somcwhe~
and she CIIlI put this mollt'Y ltSid~ for her nelll step in life. J wr.h her 1h~~estl TIle schoDI needs
10 leam a I=on and this may be !he only way they I'ilI ICIII1IlTvjalheir pocketbook!
i
Without the suit. they would probably j us1 continue on_their merry w~y- and unwilling k>
~ave a valediclDJian Who is an All'ican-l't.meri~a:n..
AUgust 16,2011 al9:53 pm II~
J. M~BM
Il)eed more informlltion on their GPA's wid how many c:r~dil hours !hey took, If the white
~tudent look more houn, they would have 8 lower GPA duo ID how /'J' alas." work; oven if
!hey got an 'A· in the class. Having mort =dit hows e<IlIa/ly dilulcs )lOur Ol'A Many
.chools will account for Ihllllll'ld take the el<tracredit off one stud~nllo make it wmplUllble to
the other sludent. [lis very possible and very likelylhat r~se [WO studenlS aetually have !he

http://news,blogs,cIUl.com/20

11/07 f26/valedictorian-sues-school-was-she-snubbed-becaus._.

Exhibjt 2
Page 34
9/1612011

FER164

Case 2:11-cv~08083~R -MAN Document 7
Valedictorian

Filed 09/29/11

Page 37 of 158 Page ID

sues school: Was she snubbed be!i~re90frace? - TIlls Just In - CNN.com B ... Page 4 ofS

SiDlIC
exact OPA when YOIIhold credlr hOUfliCClI1slallt.People should 1m !hilt into accolIDl
befere they startSJletJullling discrimination. It could be thill the COI)J1!idO( asn't taking this
w
extra credit issue into oonsideTDiion when she told her she had the highest GPA. I was CD·
valedictorian with two othur stud.nls in my allSs. We made sure W. took the same amount of
emd;t hoUf! so we WOUldn't have lIlis issue,
August 18,2011 III4:38 pm II Rt.ply
• pulfic

.

Taking more credit bours docs no! dilute ybill OPA. TIte "A".stands fOr ·av~age.." If
you take 4 classes and get an A in each (10.=4 pail)ts} you eam rs points. 16 dived by 4 =
4; your OPA is 4,0 or A If you rake 5 classes ali!! eam an A in each, your GPA is still
4.11(4 x S =20 15 ~ 4.0). TIu: ineql!"lity comes in when a persqn who is taking EASIER
classes eerns an cqulll Dr higher gl'8dc than on~ laking hard~r classes IIIIdtherefon: ends
up with 11 highcrOI'A.
Augus! 1!J, 2011 a17:45 pm II
• I/Wrge

Many school distriw give extra potnlS for advanced placement Dr h!;)norsclasses, to
reduee uny penalty for 1:1>0 h!U"d~rclasses, I don't !;now aboo! this s!:llDol district in
particular, but my school distril<! assigns 6 pt>inl:i(en a4·pQinl'CIII~) fDran"A" in an
IIdvlUlced placement class, 5 points for l1li "A" in en honors class, IIIId!h. usual 4 pcbns
for an ..A· in a regular class - because. of tht, someone with mostly A's IItIdII few of
I"""" Ild.. anced or honors classes can n..ve a GPA ~Id'" than 4.0 (My valedictorlan h.d
something crazy like II S.l).
August 23, 20 11 al 10:22 pm II
4. ClRire
You're probably camel, !hal it was ooout morals and norrece, bUI iflhl;y didn't have any
palmy in place 1111' stated anything other than GPA was collSidercd. she still has 11
case. I
doubt she'll get $750K--sbe's obviously. viewing: this lIS~ golden oJlportunllJl·
July 26, lOll at 5:ll9 pm I j ~
S. Getlrga
1 don" und~rsllllld how having an unwed mom would make her have !he h ;gheSl GPA in tile
enlire school, wbich made the white school principal so uncomfortllblc thaI he chose a white
student with a lower GPA to be a "c~·valedic'ori!ll1·. Can you please explain?
]uly26,201I
atS:24.pmll~
6. CO.SEJilS
i.

-,.

DISLIKE!1!

W·

July 26, 20 I lilt 5:29 pm
1. CQ.SEIVS
OBVIOUSLY

, .

111!&ruY

YOUR MOTHER DID NOT 00 A OOOD JOB. YOU ARE JUDOING HER
AND YOU DON'T EVEN KNOW HER .....
July 26. lOll al 5:31 pmll~
8. LOt.

1know you ~ trolling, m~,

bllt yt>ur comment ~r~"cd me upl Thule! for the laugh I @
July 26.2011

at

6:08 pm II~

9. IllSiiCl!

Either

wll)'.~ Mono! ity

based or I>IciaJ)y bll5cc. It'5 flat out wrong.

July 26,2011 .16: 16 pm II Reply
10. itsa
So you're assuming she's trying to cBSh in and i1D~making a vcry valid point'! Really?
You're right, she mus' be 11lazy dcmlb~1I to be a\ 1he top cfhor dm as a molh~r. Think about
maljusl fora minute. Lawsuits SHOULD be about,ocialjustice, III1dthisune ls,IMHO.
July 26,2011 al 6:27 JIm II~
II. 1/$0
That's right. B golden oppmunity- for WHA T'1 An attempt to muke a 101of mopey wilhout
having 10 work fur it? I'm sure thaI'S how she gollo N valedie\OIian. by being a 1\lZY
oppgrlUJ1ist IDle Whining.
AP classes are weighted into Ihe GPA so I think \ltis whole argurn~nt is nonsense. Either her
OPA _lied
fDr first or itwltsl1't She d~serves every single thlng·she·ha!l worked hBr butt off
fur.

.,",,,..

.!

Exhibit 2
Page 35

",

http://news.blogs.cnn,com/20

11/07/26fvaledictorian-sues-school

~was~she-snubbed- becaus,.,

911612011

FER165

Case 2:11-cv-08083-R
Valedictorian

-MAN

Document 7

Filed 09/29/11

Page 38 of 158 Page ID

sues school: Was she snubbed beUJseC6frace? - Thill Just In - CNN .com B... Page 5 of 5

If s~ Silid sh~ should get special bl:slmcm bC\aIII5c she's 111"11 Of because slIe'll a single
mother !hen sbe'd be WIly offbase. She earned her stDi:1l'lO !h.. number On~ 31udont in ber
IJ:i
class. Wby is it OK 10 djlu!e that7
July 26, 2D11 at 6:36 pm
12. /1f1PIIint10lJ

II~

Obviously yon'rc not too smart, II's 75k. lIot 7S0k. Maybe you should take an AP class in
math.
July 26.2011 at 6:43 pm
13. LtutDillosaur

IIBmh!

Well, if say~ she sued In fed~11!I court. Her lawyer may hove been desp."'" for ajwi.dictional

basis Ihal w()bld sUck..so s/he threw in the kitchen
parties from different SUlIe. II> bring a diversity suit
not be diversity of cilizenship. the ease promotes
IIllcgalion. regarding the racial compo$ilion of

sink of "qualifiers." You need $7Sk +
in fcd~ral court; find Iillooygh there may
cduclltionlll diversity (see ~ second
"lasses), whldl. is close cnough. right?

t~

Bul seri(lIi~ly.

idea to.shoot for.a federalibn,arn rather dJ1III1~t the
decld~ wh81 to do wIth a·black .plainlif(nov",1 rece-based ~18Im.

II's probably

Arkansas stille eolll'l sys~

a good

July 26, 20I I .8:44 pm j
14. Rodney

I B&!!lx

Read the Slof}l. She's asldng for $15,000 ...not $150,000. Probe.bly ju,t enough ID pay for her
golll>gc ckgree now that a scholarship is out of I~ question bCliausc she went from
Va!ediclonan 10 Co·VnledjdorilDl.
July 26,

zm I at 9:42

pm j

IB!!I!!Y

IS. debill[J

acre that she is askinS only S15,OOO. not $151).000. Does IUIYOlle rcillize how important
nledietorillTl status is to a college bound person? l'ln "lIi11ed she's taking them On. A:r~
has always been a rncially stunted state, and thb proves to me IIlllt lhing;s n.vall'! chongod
much since Brown vs !he BOllfd of EdLlC8tioD.
This while grandma S8)'S 'You go, Oirl'[
July 26, 20 [I at 9:47 pm ll.B!;l!!t
«Previous Hl! HH2lQllllllli!U.§ U II !2Nll22.21~ll2&llll29

UHllHllll~~g~~~~~U~.~ngD~~

:HlILll

Post a eomruot

II

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CNN weh""n ... lively and <oIDtOOOJS di""""lcn .. IDI1l!" ~... lbl~pw1h,oR.nl•• Df~d~
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Exhibit 2
Page 36
http:!tnews, blogs.cnn.coml20

11/07/26/valedictorian-sues-school-was-she-snubbed-becaus...

.~

.:

911612011

.~

.~:

,",-

FER166

Case 2:11-cv-08083-R

-MAN Document 7

;~
.. "

Filed 09/29/11

Page 39 of 158 Page ID

#:1 1
.~ !'

"J'i'

•

.;,,1

Exhibit 2
Page 37

FER167

Case 2: 11-cv-08083-R -MAN
Black bigh school student

St.1YS

Document 7

school wouldn't

Filed 09/29/11

Page 0 of 158 Page ID

f~t1hei e sole valedictorian because of ra.,
b

Page 1 of 2

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Black high school student says school
wouldn't let her be sale valedictorian
because of race

Realmme'"

5

.,
..

o

o

;

ev LA~RY MCS~ArIE
DAlI.V N.~ STAfF WRITER
Ue:SI811(·:d jr I (.~·~ht()r
I ft';:~
t"t'1,'u'k: ,., :::;.·... h71'f.uu:J
U

XETUM

~lLllorn;-dic:IJrrn'}pIil'C~~~

r"", .. y. Jlty:!OJ.

~11

".q.

A bt.o:k I ••
mom wllh Ih~ highola! GPA In hor or"".
Wi'> larwd 10sh"'" v~h,dlc1011alll\QnoD with a WI1ft~
dassmalt by a rada! A!lamtaS scIlool dlslri<:t, a law.llit
<lI1arg ... ,

The fQd.1H>I! sUI was lIteG last week on bellallor Il:ymberiV
Wimberly. 18. a~alnl\ the l\oI!:Gehee schOOl dlstricl. Us
""""rlnlendenl lind her high .cl>Gol ~lnolpol.
"Derlndanl&

dlcI ntll s~ppOrl AIr1<;;an-A",eri"'"

stu<:1enl9 .nd

did not want to see W1mbOfiV.lin Aflican-American )'DIIng
~r
••• v.... dicl ...... n...lh. nine-I"'!!" ouitd1argel,

J.i'liluil".

a1"~lII..-:ali diri~

....... 'awi.rw,[
-

......

I!'I4I

r..lIN'lOJ'IilWllt)
J

'141

aI ...

(G~

"I3ut f~r Wirnbor1y'll noce, ~ele.d ani. wo~ld noll1 .......
seleded a st\JIIan1 with B IDYl<'!"GPA lnan IMmborly 10 alse
be. ¥aledicloriah."
A<r. B~ Gaog;"

A wnm Is False Pl'Otection
Discover VVhat SUlVivansl Masters &. The Army Don't Want You To Know
WOIW.clcseCDmbalTrainlng,e<>m
JU!.l.ATl!D ARnClJiS
Ri!iv~ll!>d~cl.DrillllHlIIlc.rn..o\l

S,.~

Ill. Suit

J~l'Ie6.J~96

concealed Weapons ClaMetI!
Get

Q

:30slate CCw. Plus Top Notch Real Training- Not The

eare Minimum

WI'oW.FronISighl.COOl
c"''' i!r""llnlply 8<>&1.
aotobPr
,w,;

'6.

<.."uUl$3gLl~K
Gj..,-e !·lllllAIl.r.:.

0,,""_r8. '995

fil;lr

9ltLn'\JJ~

br

TIt.IaMIU~WlIS1'01"'1"'11" un Monday 1he Cour'lh""•• Newa s .. .Bolh Wimberly and Ihe ""ne
sbldenl spoke al1IieM~Genee SeCOndel)' School gn:KluilUO/lIn May. tb.laIwoJit sBid.
A m .. oago lei! w~b 111.""hoo! 5UPemlen<lenl forCDfllm.nlw •• nol returned.",

Manllay. aC«lfding 10

. MSNllC.oam.

_ruing-Io
the IBW~ull. 'Mmb.r1y - who rnl.acd \lire. weekI olllOr IYnl~r Y••• _
eamed an 1-1_ eJlcep1 for .. ",ogle B dutill\l her four years ellhe 8thllOl_

delive~ng• baby-

Hergralla ]101"' average was 1110hlghosl al "", .1uIIenl in Ih~ ClallO 1lI'1 1 -~ ... 0<11.... 1oIfocials "Pled 10
name. second vale!llClorlan. 8 whit<:.bJ~.n' with • lower GPA. Ih ..... It ""Id,
Wmberly'5 mother Molly BroIIlon sald .he waw blocked lram addre.ulng !be school board .boullhe
aHijI' Ihe gradu ademcerBmOlll/,
"Tho .. .i.su~ seoh punitivo darn"9"s

v~·'od!clDlf~ll:,11rh~r
cI",~,

01 S75,OOO or mOTa, ~ WQII... a ~I.""'o"

~DP until

lhal Wimbarty 1& ltoe 0<>10

.'

l~ane<A!nvdalvnlOW5·com
Mo ayGooO'"

S.E.R. T. Trainin.I Center

Exhibit 2
Page 38

http://articles.nydailynews.com/2011-07-26/news/29836852_1_so1e~valedictorian~share-va._. 9/16/2011

FER168

Case 2: 11-cv-08083-R -MAN

Document 7

Black high school student says school

wouldn'liet

Filed 09/29/11

Page 1 of 158 Page 10

h~r be sole valedictorian because of

ra.. Page 2 of 2

GL.lard card. Exposed Plrearma Permit Batl;Hl, and D.C. (S~n JtI5o. CA)
WWW ....

IR~ •• .11

3 QuQlJ:s - APT. GPj, &: APX
Gel ~ Free Alann Quoles, Compare Companies.
VN/W.USAlsrmCom",,""'s.eom

Gal Ths Besl Deal & Sav"

From NYDailyN~Ii.C:Dm

From ArDUIld the Web

GillIITicll Bulk. U~More

You

M"I""oalh.r

Sa&ko

3<13otor.. ~II_ing
P81~S
Mass

EiooI[

SolO$ 8<111'& RiI. DIIfTD
....

Relpeol

FOil ." bnov •• thonotva durtn9 51.
.

FaG! Vvindup. For P.ra~';

Flo~I'

\'(O~,

Bell ..... Your E\'II.I.NVQWi'/

a.rare tho

PI•• 1ie S"'lI"'Y tWelpaiJ1lEnlenanmefll)
"ResDess' M3kes You Long far lAVe (~~Lf. oomj
Kal. Hud .. n'. F.ll1erC.II. fjltl' A'Sp;i11eOIl",r In New
To"-AII Boo!< (T11O 1oIU!fng'OI'I PM!)

Wed. Sop ,~, 2011 !NI!I.gel
P.11eo w.r. c..11.~ I.
(The[,..t,I."OOllll

KIm t<.rdB.hlon'. Wi>ddlng

.c

Exhibit 2
Page 39
bttp:!larticles.nydailynews.cotn!20

11-07 -26/news129836852 _1 yole-valedictorian~shBl'e-

va...

9/1612011

FER169

,
Case 2:11-cv-08083-R

.

-MAN Document 7 Filed 09/29/11
#:1'i

Page 2 of 158 Page 10

Exhibit 2
Page 40

FER170

Case 2:11-cv-08083-R -MAN Document 7
Black Student Barred from Being ValedictorialSay~

Filed 09/29/11

Page 3 of 158 Page JD

Lawsuit

Page 1 of 4

IOPSlDRJES

L\.1EST

I'DPUI.~R

SCARCH

GOSSlPROUNDUr

r:;;:-]

D

,..,.

~.~~

....

r.sea

IIAd Pitt: Manyins ""islan
Mt 0 Boring Co,,~ 1'o,.to

YoIade

937
Gi\o theBeot
..
Doscriptio.n of. CarCr:Eh J>ver

~n&M""

-

Whioh V~Dnl St... I.Som!insJl ••
Boso Nud. phl>l.05?
~WARD~

P~cting
'Win'JleD

387
Sand,), Nigbl·.l!mmy

3Z1
plODDInr; ron 1'001~ti<e",enII>JiI

1JIIPOORS
~lin:tDent

D~UGS

RA.CISM

Black Student Barred
from Being Valedictorian,
Says Lawsuit

This Guy Stuffed Alrnas1 • KIlo of
HY~lAUnEtI'lO'CONNOR

IUl25,

2Q II

~,53 PM

lHEDAD.YSHOW
Th, Doizy Show }/Jock.
Bodnnan .. •• BPVVa<cin.
Cunspitaql'Ibeol)'

--

lS-yea.r-old Kymberll' Wimberly is suing her
McGehee, ArkaJl51lB Il\lblw.hlgh school for
barring her from 1relng~'llJedjctorian because
ofber race, (hs opposed to the equally unfair
but WIlYleas depressing "funny
issue. 0)
Kym'~ fedo:ral4n"'S\lit c:laims she had the
highest GPA in her class and was told she

tAlENIGHTlY
221
Chorlio Bhaeo to J~ Leoo: 'I'd.
Hove llieed My Ass, ;00'

=e

would be Yalewctodan,

]92
lIIAIllRPARK
Pnmium Rus/I, ]lie M..... ngero
Are People Too

~

but got pushed oul

last minute ror wbite students,

11&

WhnberJ}'s mother, who works at the school,
uyl: ~h@ overheard an official call1ng l<ym's
valedictorian

CO""ID.lJc ..... Hio'Throat

3'1,6<12 .' 23,1'·

SI1;l",

8-&
...,.

status D "big mess," Courthouse

atME

News reports:

~8 •

f,: ..

Oc

. l

McGehee Secondary School is
pl"el.lOIIIinantly white, aud ~6 pe.rcent
Africnn-American.

according

l\

defendant,

Pan-ell TIu)[tlpSOII,

the white

to protest the deci.sion to the school board b\ti'defendant
'fhomll.S Gathen \10\1ld not let her apeak, because sbe p]legedly had "filled

Rrntton says she tried
Ollt

the wrong form, Instead

of 'public comments:

asked fur 'public partkipation.'" The superintendent
decision until the June 28 sohool board meeting;

http://gawker.com/S

tb7

,..",q Salobl Finds Comfort iII
J,I .. h...J Loh.., .. Op~ IIrnm

swOOpt bad a lower C.P.A.

Superiutendent

115
£Or

SI)[Jl-eDn~

t7~
f./STFOOD
Womon KiDed Jly /IoIcDDnl>ld'oSod,
Fountain

told her "that be deeid~l to
although

.-~
..
-r~

Doc:.s:a't a-.t:ecu'R.

On ..

to the

name a "hite stud~nt os covaledlctoriau,"

'fl. '!'rival. llano of DOMY Roy
IlardiD' ~D't
& Roill Baal<

~IIS

complllint. (Wjmberly'e mother]
Brattoll says tllllt the day after slJe
heard the "big mess" comment,
McGehee principal

IS6
lti.CISM
College Kids Who Wore Blackface
10 Sports Evern: 'Didn'1 WaJI\ to
OffeAd Anyon.'

Gather (sic] said Bmtton ahould have
told her she could not appeal his
grndlliltion

was May 13.

lHECOl&UT REPORT
tl>~
Stephen CQlbertlllld Jimmy FoDon
_ Sb<-Mouth BrQlIllln<e

~

...

ORIGlN"4LS

1~3

Let'. Molle FUll o{u,e Cdebrities
"""hien Wftk with (lawk.onHl:ll

824 557lblack-student -barred-from-being-valedi ctorian-says-lawBuit

at

Exhibit 2
Page 41
9/1612011

FER171

Case 2:11-cv-08083-R -MAN Document 7 Filed 09/29/11
Black Student Barred from Being Valedictorian, ftays Lawsuit

High seltool faced a simUa,.lnwsuit

Ml$ehee

in198g,

when IIblackhomecomin!;

Page

of 158 Page 10
Page2of4

D~tlaw Gong 'Tb~J\.",t." Eight'
Jailed F ... l'IIilin I La /Uih.", tG

Queen

candidate chtll\ljIlged an election, AppaR:lllly the tiD:r 101>"l\. 4500 has been tmpped in q tim"
of
fr0l1l1\)60 for multiple dece.des. DpW. [Courtbouoo NC'V>'S,
Justin, image via

lI~ic

warp ofconfiicts

BuaYSaf8I;Y!,am

-~.
-

1'iU

HElRJX
Netflix IE Q&tIins S1.u~ht.r"d

McGeJ,l'e High s,,'hool)

By

lIS Own Pri ee Hii:..

RElATED ~'TOIP.IES

College Kid~
Germans

Wore Blacltfuceto Spor1l;ll.v"l>t 'Dldn'l Wnnt to Ofl'lmd Anyone'

W}lQ

Don't Really 'Get' AmelWln

Raciil'<l

FBI Islum Lessons Call 'Mainstream'

l~O
TRII .... L
Woman 0e\I W.... d,Gr-opoo

.

"V\pJei:rt; Radical'

M\lslims

o!""

I~'

"
I

FJ4htAtttDchmt on Vugin Airways

l'

·r

1111

FRl£NDS
Polr HonOl' D<ad. Fri.~d by
S!eIIIing His II.TlIl CUd
\28

D~UGS
Re!gae

Star Cilught With

St~t)'llicaily

Huge Quanti ty of

weetl

us

H(~LTIi

Studjr Prll'fe&GolfWor SyntiroJlle
;sNervo OBS-Intl~ .. d BWII
Daml'gO

11~

SAl)

'Ill. UJnelltol3aby

Seal

In the

WDtld

rE~1URED

All

SfAR IA N~"fHR'AD

DISCU5SI01HI1l!UIlS

.~

"predomtnB.telY"\I,hite"?

...... __. ,., ... c

II Prol,re"3

_"... _-.-~.,

~'l1lll~.pcnch'JI"

,.

.......
-:--_~

.,..

;:.

Yes. The school is WeI' half white. That's called the "percentages"

•

100

Ilna,

fiowtoPoopat

-

I1ItC;AYS
Th. Ben Gay

really make it

Maybe this is just me, bot if a schow is 46% /o.frIcaI1America .., does that

112

AIlVIC~

~

MOOBtNIJ'E
l!J:living~ RolDan"", from
Ii.ginning To
vi. Gro.~

8n

l'rel'id.nt Romo,.. of

AllnDl.

--_r ....""'. - .

,. .',

Work

.

part arrhathematics.

1!:~PNl<,tr<:l

mlle.pfnclopc

Sigh. Back again?
_,.

• __

If.

•

..

Hey_Blinkoll

__

,~

.........

~_._"_

.......

~

...

_R

•• R.R_

............

••

_

_,

••

__

__

~

__

Il... d

999

blacks

•

•

atte I!bout that

and peop1ewho

it from the rooftops.

shit would scream
_

• ....

@ml1~.pell~lr)pt'

Meh, toohniCIIl\y. (mean. it could be lOOl whites
••

• .....

.,

_

•••

__

.,

__

-

••

.-.

__

.-.

• ......--

.~

,,

._.

__

.0----0---

__

__

.
~

__

._.

1'.a~ttoy.,1id"" <;t l'!' ~r""f.r._j
....

•

"Predominately"

"has a more cDmplelc meaning

than "mostly." It implies 11skewed balance

of

pow<!r ~Ild lllflutmee. It WllIipijOrly used In the context, mostly because It oVCIMateliproportion.

iii

I'rouful'3

(i~~I",·_Blink~n

3% is regarded au usual margin oferrorln
school roll, so, there is

Df,)

polling. They would have got the numbers

from the

rnal'gin of error.

Why is everyone 50 mad that the a~te U!led an exa~ plm:elltage7
Kymberly Whnberl)' Is getting fur:kedy-wuelledy out of ber va\i-~'lali-diciorianship.
Isn't lhatthe"/post.
•••

__

important
__

thing?
~~

_

oR

...

j.

http://gawker.coml5824557Iblack-student-barred-from-being-valedictorian-says-Iawsuit

Exhibit 2
Page 42
9/16/2011

FER172

Case 2:11-cv-08083-R

-MAN Document 7

Black Student Barred from Being Valedictoria!Shyl

Filed 09129/11

Page 5 of 158 Page ID

Lawsuit

Page 3 of 4

~
,~It lo/liJldq @Proofer;l
pre.dom.i.nallt adj \.n~nt: Most common or wnspicuous~ main or prevalent: thB
pl'edomfnant eoto» tn a desfgn.
A school that is 54 percent white lind 46 percent black Is NOT predominantly
____

~__

•

__._.P

... ~

.. __

,

h" ..... ~........ ~" ..... -.-,

••-.-.---.--~~.

, •• -,~-

white.
- ..............

_

...............

,,_._-

AMes~ngcToRudy @&!s!t~iidwllllt
What}Ou

said. Th811b;!Or saving me the trouble.

Also, the city hB8. alight Hispanic ]lOpuiatiQIl, whicb means thls ·predominsllce"

ofwhites could

be even leas.

Ii l'roDrera

t!r..,\M(·~~a..~,m)Rl.Id~·

Nobody cares about the other loser students!
What about the SMARTHST ONE?
She's BLACK! and she has a SILLYNAMEI

Aren't tbere LAWS?
.'R.'

__ •.• _h_

_._...-

~__ ~

__

I agree - and that figure is only assuming
than white_ Iftherewere

that there are

10'/6 Asiau Amel;cllD and

school would not be prMlomlnately
Probably

."">-"-----O->-"----

"_-~-~

DC

otherethnlcities

•• _.

__

1,,_._.-- ,

in the school other

5% Nalive Am.erican, fur instIuu:ethen no. the

white.

would be PdominatiDgly white". Look at at apartheid

a better tam

.•-~-

-you don't need to

have a majl)rRy to be dominant
~-.
. --.------I,~-----

---~-

------.-----.'........-.~
-----~

OX, yOlllost me .._

iii

l[<·ml1 e. Jl"'D"1l'Ip~

Happ:1-ThDIl;;hts

agreed

It

I'rt,}(,rel'3 r;i. '>Itheln;\
1

•

Hey isn't there a 111;11 word for "dolllinatIDgly"?

Wait, there is - irs predominantly.

----~ ,.,~---""-- _ _ __ - .------ .. --.- -~-.----~.--..
•

l\llJe.penelop~

-~

~r."~li"7.a:l

I think "mostly" would suffice. If it was Indeed "mostly". r haves
10% Hispanic,

, ' "->-"-"-~--------------'

which would make this statement

feellngtbesehool

cmnple1ely Incorrect.

is at least

Not to mention

this story

has no legs, and has been brought to us by someone who. named thelr kid K)IIlIber ly Wimberly.
"

IN

" •• _.

_

•

>-

ProOf<!l';9

_._

••

,_c_. __

•

~~.c>_" _._._

••,

,y~

__.

,_.~~

••• __

".'_...,"_

.. ,.,

@..>mll~.
p~l\BL1[lC

The Kym berly Wimberly

part 18 the legs.
Hide '4 replie~

Exhibit 2
Page 43
http://gawker .comlS8245 57lblack-student -barred-from-being-

veledictorian-says-lawsuit

911612011

FER173

Case 2:11-cv-08083-R

-MAN Document 7

Black Student Barred from Being Val~dictoriaH.:Sa~

~ ~ ~.

.:-,

Filed 09/29/11

Page

Lawsuit

of 158 Page ID
Page 4 of4

-

Exhibit 2
Page 44
http://gawker.coml5824557lblack-student-barred-from-being-vwedictorian-says-Iawsuit

9/16/2011

FER174

Case 2:11-cv-08083-R -MAN· Document 7

Filed 09/29/11

Page 7 of 158 Page 10

#:1 9

Exhibit 2
Page 45

FER175

Case 2:11-cv-08083-R

-MAN

Document 7

Filed 09/29111

Page 8 of 158 Page 10

#:170

Tuesday round-up: SCOruSblog

Page 1 of3

S"",IIVi_

·IJ1DV~1 ,
8U"lU"""

cGUR.T DFTZUi O1U"l'$D 3TA"J':r.lIlILOjJ

.

-n

.

ay,

SPONSORED

II

RSS

Cono r McEvI1y
P'u!,;IIi!'dTIU!:;r1:n~, !tolar

""iifi,m plr •• !>f,y
::-.cI:~h, ';ZPL 1 -';':;101 :a~u

Email Conar

BiD& Post Ar~h[ye ~

GOLDSTEIN

& RUSSELL, P.C.

Tuesday round-up
SUBSCRIBE

deoision. ill Plal~ and GenenJl Dynamics

eu"'''l'age 9fyesterday',

Yestenioy the Court IssueO two op!nlous: In Brown u. Plata. it ~a
de:cisl"u by a Ibree-jlldge
dlstriet wurt panel On.icriDg aillFoMila cffi(!inls to rei •••• slRte prisoners ; .nd In '!!:n...al Dunamics
Com u UuiledStateli it ~a
Federal Cireuit deol!iion and held tlJat when, to protect slate secrets,
u court dismisses

n coutraeror's

prima fDeievalid allinnalive defense to the govemment's

ullegations

of

breach of cOll\r.lcl, a proper remfljly is 10 lenv~tlJe parties wbere tIIey were on the d6Y Illey !1led suit.
The d«illion

in prata dominalc:d the news coverage Bud coltlmeutnry.

.IllL 1<n.Ii ooDected luany oBbe

early news stories on thadeelsl.on.

In yesren.iay's 6,-.,y\lI!! rrmnd-

Additional c""""'ge

SEARCH

OR FOLLOW

ARCHIVES

Cp.st:Filt.~

.3

[C~.e5 OT1O
ICMe.OT11
1 Tenn Ar<:hives

OOlllB.from

Mich~el Doyle of MoCl.tQhy N",",spap"ro.(via the Mlnmi fim:altl), Daniel Wood of the Chrl",iO!! SciOlJS:S:
~,
Debra CAAselL5 We;". of the ABA .r"nmal, Jl.ill!R Rnd. CpurtllQuse Now' Ser ...ce. In the .!::h:!l:
i
YpI); Tjme;;, J""llife:r

Medin.

report/; lhat tbe Plata declsiolJ Is ·sure to set ol'l'a fresh mund

of burl gel

battling iu Ibe finftlll:inlly dish-essed stnte [of California]: wblle Ibe L'lIltorlal IK!an'! of tile New York
Times urge.lhe stale 10 U<Wi\!5 "Hmited pMaoll spRee .•. fur people who tL'UIy ~
a thre.t to O<Iciety,·

rawn tbau tboa~ cccvioted
Dlse1ISilou of l!J.ecase

of"t •• bnical parole violatioll.- or "minoT, lH'lJviolel1t mm ....-

.~n\muooIn Ill"

bl"go.ph~

OIG

well. Writingfol'~,

GiOl'll1lna Sh.y

tba.t oltlLol1,;b the 1J/411l rem~dy "'!IS necessary, "lholy(le ar <lVl!l'-orowdiug destribed.
,.
l-.quires, Dol just c:ouditious JUgatlou, b\lta mmillnl punishment
overhaul. Simply Pllt, Cnlifornia

. EL!1;ue..

ue~ds to lo~[;; up lel.or people, ru; docs ou< mttkln." In anotbc" AgI\llqg ooS\, Inimai Chetri~ Inkes
issue "ilh tbe dissentcr5" "Illannist 1~llguage· !l.nd argues Ihnl "[ilmpl'Ovitlj! priSDU I:OI1<1itio~ makes lIS

on safer," At Cam
concludes

(oJ

Libertv, Tim Lynch d6SlJrih..sCalifol'n13 prison ~ogditions in some detail and

-------- ........-

.........

....--------.--------

61.0GROL.L

[hal tb~ opinioD "m.k.[~] (lCrsuasive case Ihnl ClLlifotnla's elected ofIici<J1shnve had IllUpte
~

('>[>portunllyto nddmss the :;y~lelnie problem", but have let Ihemfesteryearaft~r~r"i
lCerschberx of ~
similarly conte!ltl~ that the stBIe "bas failed III a sysIemlc l_l.·
Tbe ma,iorizy's use ofduee

pholQl:Jll.pbs

10iUnstmlo

pn$OD conditions

Suprt;'lIIc C'Dllti

!lell

I-

was thefoeus ohdditlonlll

COll1nt~utaTY. At llillkilliZi'l lion, Jawu Mazzone su~1!< tbat "llhougll tbe CoIlM Included tbe
pbOlograpbs so thaI "readel"1l will see fur lhemseh-el! wliat !he condition! l'I'ilbiu the priSOIlS III'" IUre~ u~ tJ""..J:>y undc ....l!md better the "", .. o~ f'o:r!he Courf~ eo.dot'SIm1I>nlonhll elItrnordi<l.uy remedy of a
D1 ~srelea.e"
..
the u.se oftue photos lIligUt lIot Rh.ays hall. the intendQd effect: ·Smne people who look
at Ih~two pbDlogntpbs .tlll SI!e not crowded prl!;ons demanding ajudidal remedy bat roIty~rinlinal.

EDUCATIONAL

who;m: going to be relc=d
iuhi tbe c()mmnni\y before tbcyhn\le ~erved their sentences." At Iris
Sl!1ItCllch!g !.!Iw and Policy bing, Doug Bem\aD eomrid ..... whelhertbe
O:>nrt MDuid pse visual aio.;; in

SumMIt,'

Conn GIoo:.;;ury

Stmrcrnt

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Page 46

http://www.scotusblog.coml20

11/05~tuesday-round-up-731
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9/16/2011

.

FER176

Case 2:11~cv~08083~R ~MAN Document 7; Filed 09/29/11
Tuesday round-up: SCOTUSblog

• COIJl'}rate 11I~
return

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Page 47
http://www.scotusblog.coml20

11/05/tuesday~round-up~ 731

9116/2011

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Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
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Page 48
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.c

Case 2: 11-cv-08083-R -MAN

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#:173

Page 51 of 158 Page ID

Exhibit 2
Page 49

FER179

Case 2:11-cv-08083-R
FT Alpbaville

-MAN

Document 7

Filed 09/29/11

Page 52 of 158

» JP Morgan, I put a spell on you #: 17

Page 10
Page 1 of3

FINANCIAL TIMES

ft.com/alphaville
JP Morgan, I put a spell on you
Posted by T... o;y Alloway on Apr 0708:20,

There's nothing like hard times to bring out the bank-bashing

CJPZIDetls.

And JP Morgan is no stranger to recession-induced weirdness, For instance, in 1933. in the midst of the Great
. Depression, John Pierpont Morgan Jr. had II midget sit on his lap during the Pecora Commission - a series of
bearings delving into the causes of the Wall Street Crash, Pecora eventually ended in some new regulation including
Glass-Steagall, the act whlch separated commercial and investment banking.
Anyway, the absurdity is back. And as the very funny LOLFed notes, we are no longer talking about using regulation
to curb the banks. No - we are talking using good 01' fashioned pseudo-religion.
From the Courthouse News Service:

MANHA1TAN (CN)- The self-ordained Rev, Billy Talen was arr'estoo on Easter Sunday
o/tf!l' putting a "holy hex" on JPMorgan Chase bank, which he calls the nation's largest
financier of coal-mining mountaintop removal. The fanner New York City mayoral candidate and his
green-robed chorus put the hex on two bank branches, saying Morgan Chase has helped destroy more
than 450 Appalachian mountains, deforested 800 squm'e miles and polluted more them 1,200 miles of

streams,
At this point you may be asking; since when is cursing a company an arrestable offense?
To which we (via the Court News Service) answer:
Rev, Billy led his Life After Shopping Gospel Choir to two East Village Chase branches, where the
singers "deposited" mounds oJ "sacred dirt:from Coal River M ountailI, West Virginia" on thejloors of
ATM lobbies, •. As Talen conclude'd h~ sermon, NYPD Officer WiUiam SIJeTI.Iltrup ordered
him to withdraw his deposit of dirtfrom the banlcJfool'o The Rev, Billy refused. "Thenyou
a.re coming with me," SvenstT'op said, while another officer took out the cuffs, and used them, and the
choir chanted, "Free speech! Free pressl Free people! Repressed!" Then the choz'r sang the text olthe
First Amendment,

. Dspoait of dirt. You can't make this stuffup (though arguably Rev. Billy did).
Anyway, FI' Alphaville sees a business opportunity

here.

Jamie Dimon voodoo dolls will now be aold in the first-floor gift shop:

Exhibit 2
Page 50
http://ftalphaville,

ft. cornlhlogl20 1Of04107 / 196626/jp-morgan- i-put -a -spell-on-youl

9/16/2011

FER180

Case 2:11-cv-08083-R -MAN Document 7 Filed 09/29/11
FT Alphaville » JP Morgan, I put a spell on you #: 175
!. •

Page 53 of 158

Page ID
Page 2 013

. ,.

Related links:

Dimon takes t'\ stand on finance overhaul. - WSJ
..
Reverend !li11, and the Church of Stop Shepp 'ng - wikip~ia

~

This entry

WIlS posted

by Tracy Alloway on Wednesday, Aliril7th,

2010

at 8;2() find

i5 tiled

under Capital markets,

People. Tagged with God, ,JP morgan.

Comments
I am inclIned to agree with tha " coffin dodger" posting, particularly the following
"The mainstream media. newspapers, TV and Journalists ( I don' believe there are too many 'investigative' journalist left)
have failed cataclysmically to address the blame for this crisis and calling those responsible to account."
E!lpecially when there was "dirt" to deposit regarding JP Morgan Chase's affairs In the metals markets in the otherwise
unreported (in the mainstream media only) story and Intrigue ofihe eFTC meeting dated March 25th, 2010.
A pity, we get a midget instead.

Greek sprayers at work in A1hens.
"Thieves" is sprayed on the le1l side of the entrance, "Liars" on the right".
hltp :lIwww.faz.nat ...-Ecommon-SMed.htlnl

wally ~ Indt::ed. Thenk you, fixed.

John Pierpont Morgan was in his grave well before the Pecora hearings. I think you mean John Pierpont Morgan, Jr.

I fully endorse the Rev.BilIy, he's been pulling mildly amusing

art

pranks in NY for years.

These sort of 'crazies' get exposure at times whBn all other legitimate means of quest lOlling the behaviour of criminal and
Iraudulant acts (vis-a-vis banking cartels) have been ignored by those who ought 10 be discussing them.

Exhibit 2
Page 51
http://ftalphaville.ft.com/blog/201

O/04l07/196626/jp--morgan-i

-put~a-spell-on-youl

9/16/2011

FER181

Case 2:11-cv-08083-R -MAN Document 7 Filed 09/29/11
FT Alphaville » IP Morgan, I put a spell on
17

yott

Page 5 of 158 Page 10
Page 3 of 3

The mainstream media - newspapers, TV and journalists ( I don't believe there are too many 'investigative' journalist left)
have failed cataclysmically to address the blame for thIs crisis and calling those responsible to account,
It's I!rl\ to those brave enough to face the wrath afthe State

to voice

\heIr protests whilst the oligarch-controlled

media

ridicules these protestors as 'crazy'. And guess what? - it works· this poor deluded man was arrested for dropping some dirt
on the floor (and Ihis in the Lend of the Free) - ~mlng

to a pojce state near you soon!

I

Ah ..•, the natives are restle!:$ here Tracy ... it's just early spring ...
From the New Yorl< Times a story about Carr P. Paladino. He is a man in NY worth $150 million running for governor (and he
plans to spend $10 million on his campaign) ...
"...He has always had a knack for baing prnvocative, and show s no signs of toning down his lenguage during the gO'llern(lrs
race.
He calls his campa1gn - his first run for pubUc office - a "crusade." He has excoriated slate poritics:1leeders as "a parasitical
ruling class" and pledged to send corrupt legislators to the state prison at Attica."
Expect much more ..,

Another excellent Alphaville graphic. Becoming ql,lite sophisticated.

tID THE FINANCIAL

TIMES LTO 2011 FT and 'Financial Times' are hdemarks ofThe Fi nanciel Times Ltd.
.

. .~

'I

t

Exhibit 2
Page 52
http://ftaJphaviUe,ft.comlbJogl2

0 1Of 04/0711 96626/jp-morgan-i -put-a-spell-on-you/

911612011

FER182

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:177

Page 55 of 158· Page ID

Exhibit 2
Page 53

FER183

Case 2:11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

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Exhibit 2
Page 54
9/16/2011

FER184

Page 57 of 158 Page 10
Page 2 of4

Case 2: 11-cv-08083-R -MAN Document 7 Filed 09/29/11
Stimulus Wreckage - Page 1 - News - San Fraa%iiotf}. SF Weekly

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San Francisco Classifieds
Exl1ibit 2

Page 5S
http://www,sf'weekly.comJ2009-09-30/news/stimulus-wreckage/

911612011

FER185

Case 2:11-cv-08083-R-MAN
Stimulus Wreckage

Document 7

- Page 1 - News - San

far reeeMd more otimulus·liokl!d

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Fran!\s1:§Q SF Weekly

allJ' othor eduo:atlonal JllStItution in~'"

"!'ind.",,: mO~ than $1 mill;on, 'IbJt'$ more than the Ultivorsily

of CalIfornia San l'r.Inclsco

1I10.e thon me.ely pouriJl!: com ;1110the ccanomy, the AIllcrIcan RecovclY """
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Page 3 of4

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medIcal ochoo~ San Francisco State U~ ;"" rsily, or CIt)r CilIIe&e.fSan Franclsoo.

was suppo.ed to holp p~lc

Page 58 of 158 Page 10

Filed 09/29/11

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Exhibit 2
Page 56

http://www.sfweekly.coml2009-09-30/news/stimuluil-wreckage/

9116/201 r

FER186

Case 2:11-cv-08083-R -MAN Document 7· Filed 09/29/11
Stimulus Wreckage - Page 1 - News - San Fram~s!§lSF Weekly

,. e...,...... VOitO Nallen

Mo~1popular

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Page 59 of 158 Page 10
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Neoprene

MaS! ~.cenl

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ITPcanseem
like a roller coaster.

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Exhibit 2
Page 57
http://www.sfweekly.coml2009-09-30lnews/stimulus-wreckagel

9/16/2011

FER187

· Case 2:11-cv-08083-R -MAN Document 7 Filed 09/29J11
#:182

Page 0 of 158 Page ID

Exhibit 2
Page 58

FER188

Case 2:11-cv-08083-R -MAN Document 7 Filed 09/29/11
Page 1 of 158 Page ID .
White Teachers Sue Philadelphia School; Clair#:dlia: Principal Suggested They Were U.,. Page 10f51

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NEWS
White Teachers Sue Philadelphia School,
Charge Race Bias
May 17,201110:00

PM

Share this

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~HILADELPHIA (AP) -

Four white Philadelphia

teachers filed federal race-bias lawsuits that
accuse a black principal of creating a hostile
work environment

and suggesting 1hey were

unfit to teach black children.
The teachers work.at a predominantly

black

elementary school that has a recent history of
racial tension. Their lawsuits say that a former
principal had them read an article that said
''white teachers do not have the ability to teach

Filed Under
Local, News, Philadelphia

African-American

students.

n

Ray III,

Related Tags

The teachers also aUege that the principal, Charles

East Falla, Lawt;;uit,
Philadelphia, Students,
teachers, Thomas Mlffllll

undermined their work by reprimanding them, randomly changing their

and others

room asslpnrnents and letting black teachers ignore rules that their

Elementary

white co\lflt"erparts ~ad_to follow, Ray also retaliated when they filed
CheckOut

union

grl~~~s,

they~said.
I;

Exhibit 2
Page 59
http://philadelphia.cbslocaI.com/20

I1f05/17/wbite-teachers-sue-philadelphia-school-charg,,,

9116/2011

FER189

Filed 09129/11 Page 2of158
Page 10
ClaiJtB~ck Principal Suggested They Were U ... Page 2 of 51

Case 2:11-cv-08083-R -MAN Document7
White Teachers Sue Philadelphia

School;

1IGl1fIrles Ray ill consistently stated

~tflfidw3

a rela1i.~with

top

school officials indicating that his conduct was part of an approved
policy or was part of a pattern of practices sanctioned and supported
by 'higher authority:~ the suits allege.
The teachers-Nicole

Boyd, Debra McKibben Marenbach, Colleen

Yamell and Marta Ciccimaro--filed

the lawsuits last week, demanding

more than $150,000 each. Courthouse News Service first reported on
the comp,laints Tuesday.
The sch601 district had no immediate comment, spokeswoman
Kemp told The Associated

Shana

Press.

Kemp said she was not immediately authorized to say if Ray still works

TC

for the district. A message left at a possible home number for him was
Pol

not Immediately returned.

Inl
Phi

Racial tensions among·
staff at Thomas Mifflin

Va1 .

_.

Elementary School have

'"

•

.Advertisemen!

~

'.. ;?'

i'~-~/~~.

simmered before.

. .~:

/

'i=

(California) We
discovered the 1 car
:
~insurance trick your agent·
will never lell you...

four years ago amid a

If you have a $500,000

chorus of complaints from

portfolio, download the
guide by Forbes
Columnist Ken Fisher's

black parents. One mother
testified a't a City Council
_; I

Pol
Tril

firm.

~:",'

meetir'lg in December

t007

that she had heard the
administrator

POI.

Re.

A white principal left about

Eagles Cheerleader
Tryouts

De;
Ma

say Muslim

California: Local mom
reveals $3 trick 10 erase
wrinkles. Shocking before
& after results exposed

PC

students looked like ·flying
nuns: according to news

North Hollywood- New
trick allows any CaHfomia
resident to get extremely

reports.

cheap car insurance.

In April 2008, vandals

E.

defaced a mural on the

side ofthe school with antl-

I

Semitic graffitI.

Exhibit 2
Page 60
http://phlladelphia.cbslocal.com/20

1l!~~1I 7/white- teachers-sue-philadelphia
.".

-school -charg...

911 6/20 II

?

FER190

Case 2:11-cv-08083-R

-MAN Document -7 - Filed 09129/11

White Teachers Sue PhiJadelphia Seho'ol;(ClaJ#g~ .,

,

-Y~ur-.... ~me
H
.- ~

AU;;~'
..-,.

L~cal EV~ts

:- ~

,". ~.' ..",.

.

Page 3 of 158 Page ID

Principal Suggested They Were U ... Page 3 of 51

arri~einfiaffa~,ari(4'
laste~on_~~!9a-09
- ..
. ..
.. . ... ....
. ..
".

..,'

'.

·~~I~r,.

",

.

the

T;
H

lawsuit said.
The surrounding

East Falls neighborllood

Is largely white and, in some

sections. wealthy. Residents include former Gov, Ed Rendell and
former U.S. Sen. Arlen Specter. But many white families in the area
send their children to private schools,
Mifflin currently has about 270 students, B6 percent ofthem

black and

B5 percent of them poor, according to school district data.
The defendants

include the local teachers union and a supervising

teacher whom Ray allegedly ordered to go through personnel files and
investigate their home and personal lives.
Lawyers·fo~.the"teach~rs

did not immediately

return calls for comment.

(© Copyright 2011 The Associated Press. AU Rights Resem:d.

I
I
I

This

material may not be piJblished, broadoast, rewritten or redistributed.)
MOST VIEWED ON CB5PHILL Y

VI
•

READ: Philadelphia City Council Overrides Mayor Nutter's Veto Of

·DROP' Pension Program
•

READ: Police Make One Arrest In Robbery, Rape in Klngsesslng

•

READ: From Parking Lot To Paradise; Penn Park Opens To The

Public Tonight
•

[

PHOTOS: Celebrity Siblings

, -PHOTOS: Eagles Cheerleaders

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[
NC
Exhibit 2
Page 61

http://philadelphia,cbslocal,coml2011/05117/white-teachers-sue-philadelphia-school-charg...

9116/2011

FER191

Case 2:11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page

of 158 Page 10

#:18

Exhibit 2
Page 62

FER192

Case 2:11-cv-08083-R -MAN Document 7 Filed 09/29/11
Page 5 of 158 Page 10
The LWOT: Patriot Act renewed just before defdt§l- by Andrew Lebovich I Foreign Pol... Page 2 of 4

The LWOT: Patriot Act renewed just before deadline
brief onlhe [egtll war en terror. You can read i! on foreignpolicy.cam or get il

ForeiglJ Policy anel the- New America FoWnd"ti<;m
bring you" IVlIce_ekly
defM!red direct[~ to your irllX»< - JU$I ~19 n up here.
IIY ANIlREW LEBOYICII

[

MAY 21.:2011

PIlOIIid.,1l1 bPlllll.igncc1 a four-year ~on
O
made a deal with RepublicaRS<:n.
obtnlR

fi"",m>S

pun:h= l'CCoro.(LAT, Wuhingtnn

Hcu •• 2So.rs:J,anow
and the celle.tleR
Demo.",t.,

oft[u-e.,

Rand P~ul to.now

for ''rovini!'' wiretaps ofmultlpld

of all "t.ngible" lte"", linted

to

a

controvem..J Patriot Act provisions Into 11M jll$l before the midnight d eadJin~ Ia..-t night, afterSenat.
prope • .a am""dmellts

_t

Pcst,AFP,

B1"omb~"Ko WSJ, CBS/AI").

~",'iot invetliSation, including busin_

,"';/

A1m ytlllerGay,

and other

rocoros

not linkcdto anyexuemJst

CAP). The extenBiOil

O1ganlzatton,

drew criticl!llD from SOJne

'."t (

.

Mar~ ti~ir~d

w~,n, ""Id

R~

ye>terday tlllll. the Obsm& e~tlD"

~u well beyond m.nda.-d =;di~ <>fit. lioiils, ,,"pedaltytlte

ofthe Pa!rio1.Aotthat

whim pass.d rhe SenatB7~43 and then the

on the pr<Wislon thaI deared the Senate J..dl.;.ty Committe. were blocked &urn coming up fDr ~ vote

though omendments tightening ",mictioN

(J'olitlcol.

lnterpromuon

The provlolollll,

phone Hnes, tho i""mrtil$ation ofnen-Ameri ... " "lanewolr'..,~

Two Senate Oemoc:rats on the InteDigonceCommittee.

l•• d ers

to b~ JII'I up for a VOle. including one to make It more difficult for .uthoritiesta

hB.'Ia ·~eI"

and far"f1'iOclting

Bbn~ toeei<c bQoiness and other rect>rd. (NYr).

the 1100•• of Repn:scntallves piISSCd a $690 defell8e Sjiemllog bDi despite a veto threat from the White House due to several bill provisioD3,

Inoluding onelhatwollld

limit Presitll!<lt Obam.'s .bUllyt. tlY GuantJl.nsmo BaydetainellS In the U.S. Dttransfer

then. ~I>road,8Ild anothertbat

II(Idate. tne]lOS\-

9/11 Authmi ... tion fuyU.e ofMi1itaty For<:<: {AUMF), .1Id. would alTowthe president to ... <get "Q=ciated groups" of 1Il-Qa""" and the Tallban not involved In tbe
9/u

..ttaok&

(APP, AP, p.,lttieo,

unprecedented

LAT, National

.JOUJ'II-II]), .A- Rtlltemont

from the Widte House (!ailed the lImIts on detainee transfets, "0 dangerous and

chall ....ge toeritical Executive branch authority" (LawfIU"e Blog).

Kana trial continues

m Chicago

David Coleman HeadleyteSlifl~

ror a third !lay y.. l..-day in Unolri.1 otTahawwur Hu_in

~na, ".",,00(\ of .uppo.-tl~

lIeo.dl"l" ... COIlne;.... _

of t..rSota for tho

2.ooB Mumba! att-dells, uDd r.ced tough cross·examinaliDll from RoM'S I"",,"," aDDut what detalla Hesdley q~tulll¥ told Ran •• boutlhe

plot (WSJ). HIIDdley .\00

acknowledged1bat

([51), actUally waG a member

he h-adnQ prooflhut

"Major Iqbol.' the 1111111 Hoadley ¢illIGhi$ hlndlcr

£rom tb~ Fakie!Bnl ]ntor Servl""dntclU,""""

of the agency .
Headley told the cooll, however, that he wa~troin.d by Pal:imn'$
(Express

Tribune).

Illter Servi~"" Jnt2llipn~

Direo1:or.to (lSI) in safe hou_

He aUo pnwided new detail about a fgJlaw-on plot 10 ortIack the Jyt)ando--PastAn

in the Paki5l:Ini cit)' of 18bore

nel<5p8por InDenmark. which publisbed

car1:ooJ1!I

depicting

the Prophet Mubammad in 2005. and told tltejury thai he was no longer proud o[his role in It..: Mumbai a!lacks (Globe and Mail, AI', .u-p~ I~ testimony the
previeu.1Wo days HO'ldley dl.cu5Sed the role Ibe IS] played in cbo~
Copenllagen as P!lI\ Dr the plot against the Jyllands-PosIen,

tarIm

fm-tlleMIIlIlbaj attaW,

especialt, the Cbabad He ...... duaorib.d .eouting trip. to

and said Rana prnlsed the Mumbai 8ttacks (WSJ, PBS, Al'P. RCllIeE"S,Cbic:ago 'i'>-il ..... e,

praPubUca, NYT,.A-I'). For more an tho -R.,I1a trial and lheMumbai attDcki, stgll upfor tr.e.vPak DarTy Briv(FP).
CIA to !;et 1le<:e$:5 to bin Laden wmpOllDd

Exhibit 2
Page 63

:.-{

.:

"r

http:f /www.foreignpolicy.com/artlcies/2011/05127

~.

i.

,
Itl:ie_lwot~triot_actJenewed

.Just _bef...

9/1612011

FER193

Case 2:11-cv-08083-R -MAN Document 7 Filed 09129/11 Page
of 158 Page ID
The LWOT: Patriot Act renewed just before dJM1!\§ - by Andrew Lebovich I Foreign Pol.. Page 3 of 4
oueement

Onder an

fo~nslcspeclalistl;
WSJ', Guardlaa,

weeli; betwel!ll CIA depulydll'ector

!'elI~hed eariier1his

will be iiIlowed&tartlng:taday

from!heCJA
Telegraph.

Micliaellllore1l

10 examlng

An. Tbe lemn will repoItedlybe

a learn of

~nd l'akisrani int.e1ligence clUe{ Lt. Gen. Ahmad Sho.ja l'aiha.

Oswntl bin Laden':) oolJlllound in Abbolt~bad,

Jooki"l; rorhldd ... document> withopccial

Pak1st!In(W""hinJ;ton

Post,

CNN,

"'IuipmOlltthat CIInpeer into walls and undor Roars.

!amen Gri .....aber and Kimberly Del:ior report tllat coeumenl>i ea.ptnred durillj;the May ~ raid that killed bin Laden..."cal that hi> knew ofplans to attaokElltDpe
last yea., and was ill eolltactwith al-Qaeda opendive Younis al-M.lIreb1n.i, who has <epDrtedly been linked It> a Morooean BlTe!ded in GQrmal1y last mCllltb fer
alJ"l<ldly planni", a terrorist: attack;;' i:hatcoDn1Jy tAl"J. And lhe New,"ork 'lim .. report. tbatollJerQ.,cumcnts
recmrerod in the raid show that bln Laden and Ell·
Qaeda operations .llier AIl)lll Abdul Rahman discussed maldn& a truce with P.ldstan in exchange rID' protection for bin Laden. though offi.ials say there is no
ertdenee

the deal wRS evor sMually proposed (NYl).

NATO tm..week

.nnou~C6d the capture

wbich 10rnDitantswe~

In southern

MghaUI=

~n Pakistan In order 10 figbt iII Af~nist~n

"converting"

Tne I""dm: utA! Qaoda in the lolamk MoSrn.b (AQIM). Abdelmalek

to AI QaK.

ill tho Ar.bi'J1l'~QilUiul."

A NewYorkcOUJt

Droukdel. ,..l""""d

in his r.i\e.d oltampt in Deeemher

•• s port <>fa I'IIid in early May in
thatloreign

fight=

~

a bll'" in c<nn="'o

the PBT baoreportedly

....t1ooofb;~

Lad",,'. death on M"y 26,aoyina the IdlliJlg

.11<1 foron,i. ""';denoe off .£tlle

~en able to pull. fingerprint

to blow up Northwest Flight 253 ""Ol' D"lrcit.lIIIid.noethay

"DOg

OIIylil)kg tbto bomb

prinO>p.l bomb mal\ln' lbl1lhim oI-Asiri lAP. NPIlJ.

on May 26 convicted KaR<!m Ibrahim

be found gml!)' (l'B(, BBe, Telegrapb.
iRCluo:lil1l: providing

facllitator

told hislM:rrogatOl'S

(ABC).

will fu.l alll!"r in the MUGlimworld and adding. 'We ar. all 0""""," (AP).And
bomb used b~ OI1UlrFotIJukAbdulmutallab

mlll'l th~ layis an aI-Qaeda

ota Germa11-Moroccan

a $auili and a PaldSllUli (N1"li. 'The IIWllw reportedly

lQUed. including a I'=ehman.

In .·plot to blaw IJpfuel arteries at Jl'K International

for hi. involvement

AJ.'J. 11Iej!lr)' filllnd

Bloomberg.

Ibrahim."

Airport. the laSt of four plotters hl

fol-nu!rloader ofTrinldalJ's 8hi'a Muslim comnronity.

guilty all five charges,

ullgllJU.!! ond oper<tlonnJ support te the plot, whieh was Infiltrated al an early my: by nn Informant WQ['ldng for the,overnml!llt,

eventually

Iesdlng to a sting operation (CNN).
l'ive New Jersey men convicted In 2008 of plottin,

tD

attack the Fort Db< DmlY ba:re app~aled their convietions tIds week, elleslllg that the gOl'Cl'1lment

wiretaps to gather evidence, and tlmt pro,.,r:utorG showed preJudiciallmag
[CoPrthow;e

tn.1'l.'rportf:il ringleader

NClVIi). And J~m~Cromllie,

... -lncll.ldlngjlhadh;t

ofe plot to attack

v1de(IJ:ofb.headloJ!!'

S)'IIIIIIClg<l""

used Illegal

-. to sway th_jury unfairly :ogainlll: them

In lbe Dram: end a New York Air National GWiro base (later

revealodto be a .,ing operation}. asked a judgetog ....nt him tbto minimum "'"'ten ... po""jbJe;1] hi. case, 2.5 )'I'll" in prison (1I100mberg).

Cremlti. and bl5 three CO

-(iei'enoont. wote refused a new !rial .... lier this month.
I'ro"",,,utOl"

removed In Polish mrmre

Poland removed one of two prosecuto,"

lnvestlgatlon

investigating

the alleged tl>rtllre of dewine .. at

~hume· CAP). Tn. investigatioll focuses on two
were abused at the p,;son.
"admillist",ti""

Th. U.S. mlli1"'1' tribunal.t()u.ntAnomo

detlri'Jlee5

denied the oletll"""Y~ppeal

Ii s=t

CIA prioon in the oounb}l from !he ...... May 24. citing an

cum:ntJy held at C ... ntBnomo, iIbd ol-Ramm aI-N ... hiri Alld Abu Zuboydeh.

dotainee Omar Khadr, who pled gun\)' I""tyeartl>

ofC"".dian

who 5BYthey

~ning. U.S. IlOldier in

MghBni&!BII in 2001/. and r• .,.;"ea eighty""r' in pri&on in a deal with prooe<ut0r5 (National

P .... t, AP). SOcyelll'O after being re1.....,d fronI GQO.ntBnemo, th.

AU8tralian govom",.nt

"non-a""""'.

government

h"" fin~lIy .etumed MBmdouh Habib'. pa""l"'tt,..tte.r

employe .. chorged [n Itllly with t:lking part in the 2003 kidnapping

a laW'SlJit te force the U.s.govcrnmen[to

grail!

bow..,given.

"""'l'il:y ......

ber diplol11iltit: Illlmunit)', shicldlng

hcr from prosecution

menl'· (AP). And a former U.s.

clerioAbu Om"". !labrina de Sousa, hasfUed

and oortralD'dinary renditioll ofMus!,m

if shetra\'Cli 10 J!I.ITCPO: (LAT).

Trial" and Trlbul"Uo""
'I1le U.S- Slol. Department on \'4Dy ,,6 ndw,d Ihlo Caucasus Emirale -- a mlliuml group based iII the North Cauca5usreginn - to Its Iisl ofbanlled
tQI'I'DM groUp'. and the U.S. so, ......mont pnt a $5 ",iIlion bounty on tlie \uladof it.l""der. DDi:u Umaro .. (Stal •• CNN. I\FP. AP. WSJ).
RI!<lioaI Iudo .... I.n doric jib" IiIoIdr Doshlr on Mayes donied ~
.. tbat be holpod hi". Nnds for thegroupA!
Stal~ arui1!.wlnllia
beln~ behind his arrt.5t atld tr'il!l (Sydn"l' MomilIg Herald).

or

An Irishman "",,'eI1Ilyon 1l'ial illlitliuRII," rorb\lying
inteUigenc. o~nd .. of'elting ilim up (AFP).

weaporu for th.lrish

Q•• d.ln .... oh.

Republican Anny (IRA) denied theoharges

Austr>Ji/I's~"''Cmment ill rcportcdlr oonoide:riBgtzying=pectcd
Indon.o:iIIn tel... rm Umsr Patl$, c.ptll,.d
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Exhibit 2
Page 64
http://www.foreignpolicy.comlarticles!20 11/OSI27/the_lwotyatriot_actJenewedjust_bef...

9116/2011

FER194

Case 2:11-cv-08083-R

-MAN Document 7

Filed 09/29/11 Page 7 of 158 Page ID

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Page 65
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911612011

FER195

Case 2:11-cv-08083-R

-MAN Document 7 Filed 09/29/11
#:190

Page 8 of 158 Page 10

Exhibit 2
Page 66

FER196

Case 2: 11-cv-08083-R -MAN

Document 7

Dwarf Couple Who Posed fOTAP Photo Sues

Filed 09/29/11

Page 9 of 158 Page ID

otk1 tU Altered. Use in Reality TV Spoof - ...

Page 1 of 1

Privacy Law

Dwarf Couple Who Posed for AP Photo Sues over Its Altered Use in Reality
TV Spoof
Posted Mar 31, 2011 8:07 AM CDT
By Debra Cassens Weiss
A dwarf couple is suing E! Entertainment
reality TV shows.

Television

for for using an altered version oflheir

photograph

to spoof

The suit by Cera and Gibson Reynolds of Collingswood, N,J" seeks more than $50,000 in damages for defamation,
invasion of privacy. infliction Of emotional distress and unjust enrichment. The Associated press and Courthouse
News Service have stories.
Cara and Gibson Reynolds had posed for the Associated Press photo in connection win an article on genetic
testing of embryos for couples with known genetic conditions. The couple's first child had died soon after childbirth
because of a genetic defect. Thli! photo was doclored and used on The Soup to Illustrate a fake reanty show called
"Fertlle LIttle Tattooed pageant Parents Who Enjoy Baking."
The show added tattoos to the couple and a crown and beauty pageant sash to Cara Reynolds, the stories say, AP
license terms say its photos are for editorialusBs
only, and they may not be altered, the suit says.

BeSides E! Entertainment,
program,
Copyright

the defendants Include parent company Comcast and the comedian
Joel McHale. Courthouse News Service posted the cOl]plalDl (PDF).
2011 American

Bar Assoclauon.

who hosted the

All rights reserved,

Exhibit 2
Page 67
http://www.abajournal.com!newslarticle/dwarCcouple_ who ..Jlosed3or_apJlhoto_sue_ov...

911612011

FER197

Case 2:11-cv-08083-R

-MAN Document 7 Filed 09129111 Page 70 of 158 Page to
#:192

EXHIBIT 3

FER198

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:193

Page 71 of 158 Page ID

Media Aecess to Courts Around the Nation
Prepared

By Courthouse News Service
September 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 efiling, 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 ill courts throughout the nation.
Albuquerque
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 virtually all new cases on a same-day basis and scan any newsworthy
complaint using a portable scanner. Any complaint that does not make it to the
review pile enters a -three- to four-day docketing process, during which
Courthouse News Service's reporter can Itypically track down any case that needs
to be seen.
.,
__ .
1

.

\

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 website on the
day the complaint is filed.
At the United States District Court for the Northern District of Georgia, where efiling 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. Ewfiled complaints
made available to

are

Media Access to Courts Around the Nation
~735fl9vL

.ar

Page 1

Exhibit 3
Page 68

FER199

Case 2:11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page 72 of 158 Page 10

#:19

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.
Austin
At the Travis County District Courthouse in Austin, where e-filing is mandatory
for civil cases, Courthouse News' reporter gets a list of all 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
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,

at

Beaumont
At the Jefferson County District Court in Beaumont, Texas, reporters are allowed
behind the counter to access paper copies of petitions filed that day, before the
cases are put through the docketing process. Reporters can make copies of
newsworthy cases.
At the Beaumont Division of the United States District Court for the Eastern
District of Texas> reporters have same-day access to the vast majority ofnewly
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 ate 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 immediately, the court will provide
Courthouse News' reporter With access to the unscanned document. 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.

Media Access to Courts Around the Nation
.. r

~1J5D9 vi

Page 2

Exhibit 3
Page 69

FER200

Case 2: 11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page 73 of 158 Page ID

#:195

At the United States District Court for the Eastern District of New York, parties
file "press copies" of new complaints, which are placed into a press box that is
made available to reporters throughout the day, thereby allowing them same-day
access to the vast majority of new filings. even if the new filings have not been
fully processed or posted to PACER.
Chicago
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, and then
brings them to a press room located in the same building. The reporter sees the
vast majority of new 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
electronic filing of initiating documents is mandatory, newly filed complaints are
made available immediately upon filing through PACER, as well as the court's
own independent website.
."
Cincinnati
At the Hamilton County Court 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 10 cents per page.
At the United States District Court for the Southern District of Ohio, many ofthe
newly filed complaints are made available on the day of filing via PACER.
However, for cases not available electronically, the court places a copy of new
cases into a press box at
intake counter, where Courthouse News Service's
reporter may review them. until 4':06 p.m] when the court closes to the public.
The reporter may request copies of new complaints for 50 cents per page.

the

Media Access to Courts Around the Nation
1i1150Y

yl uf

Page]

Exhibit 3
Page 70

FER201

Case 2: 11-cv-08083-R -MAN

Document 7 Filed 09/29/11
#:19

Page 7 of 158 Page ID

Cleveland
At the Cuyahoga County Court of Common Pleas in Cleveland, Ohio, Courthouse
News' reporter has 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 scanner, and
allow him to disassemble the case file and scan the original filings. Use of the
office copy machines is also permitted when necessary.
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 available on PACER on the same day they
are filed 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 staff will 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
....
T~·

.,

,

At the United States Distribt Court for ;tlie Southern District of Ohio in Columbus,
the vast majority ofneV'{"complaints are bade available on PACER promptly
upon filing. The court will also provide 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 generally makes this unnecessary.
Dallas
At the Dallas County District Court in Dallas, Texas, Courthouse News' reporter
is provided with behind-the-counter access to new petitions as soon as they are
filed and before any 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 e-filed 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 sameday basis, and the clerk's office provides him with paper printouts of those
petitions so that he can see them same-day,
,

Media Access to Courts Around the Nation
11135119

vI £of

\.

PBge4

Exhibit 3
Page 71

FER202

Case 2: 11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page 75 of 158 Page 10

#:197

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,
t~'

'

• First, Courthouse. News·' tbpol"'ttr 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.

•

Finally, for complaints that are so new they have not yet been scanned,
Courthouse News' reporter views the paper versions of those new cases in
their case folder and makes copies of newsworthy complaints.
"

~,

Detroit

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 3:00 p.m., Courthouse News' reporter goes
behind the counter and first double-checks the previous day's complaints, which
are located in bundled folders behind the intake drawer, for any missed or lastminute filings from 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 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.
Media Access to COUTtliAround the Nation
U73~9

~I

sa r

Page 5

Exhibit 3
Page 72

FER203

Case 2:11-cv-08083-R

-MAN Document 7
"

Filed 09/29111

Page 7 of 158 Page ID

#:198
'L

At the United States District Court for the Eastern District of Michigan, the court
provides access to newly filed complaints electronically via PACER, both online
and at computer terminals set up in the clerk's office.

Fort Worth
At the Tarrant County District Court in Fort Worth, most petitions appear on the
court's online system the day they are filed! except those cases that are mailed in
or filed by fax after the court closes at 5:00 p.m.) which are then made available
the following day. If any petition that was filed during court business hours is not
available online the day it is filed, Courthouse News' reporter arranges for the
petition to be immediately scanned and posted to the online access system. The
end result is that CourthouseNews' reporter is able to access almost all petitions
filed during court hours on the ~~e, day:they fire 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 counters and review
newly filed petitions. In 2008, the clerk began requiring reporters to wait until
new petitions had been processed and posted on the clerk's website 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 same-day 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 website the same day ,theY' are filed. Pursuant to a stipulated permanent
injunction entered by the court in March 2010, 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 must be 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 website. Those petitions can be viewed, and
Media Access to Courts Around the Nation
1'13509 vI

.at

Page 6

Exhibit 3
Page 73

FER204

Case 2:11-cv-OB083-R -MAN

Document 7

Filed 09/29/11

Page 77 of158

Page ID

#:199

printouts can be made, free of charge by the media and other interested parties on
",
the day of filing. After that, pe~i~~ons
still be viewed without charge, but
printouts can be made only iftliey have
been certified. Once they are
certified - which usually occurs the day after filing - there is a fee to print out
copies of the petitions. Details about this program can be found on the Harris
County District Clerk's website, at
http://www.hcdistrictclerk.comlEdocs/Public/search.aspx
(see button: "Search
Today's Filings").

'cap
not

At the United States District Court for the Southern District of Texas. where
electronic filing is required for new cases, Courthouse News' reporter can view
electronic versions of cotnplaints 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 wiU 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.
Indianapolis

At the Marion County Circuitand Sup-erior courts in Indianapolis, Indiana,
reporters view the vast maJor-ity:,()fn,ewfi,lings on a same-day basis in the clerk's
office. Reporters are given stacks of the' new filings, after they have been filed
and date stamped but before they are fully 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 themselves 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 virtually 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 ofthe civil cases filed
throughout the day and allows the reporter to review the complaints. The court
staffwill 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
maj ority of new civil complaints on asame-day basis until the court switched to
mandatory e-filing in February 2(110·, F6110wing that switch, the court began
requiring news reporters to review new complaints at a computer terminal in the
clerk's office, but this system resulted in complaints not being available for
Media Access to Courts Around the Nation
~1J~D9vi

saf

Page 7

Exhibit 3
Page 74

FER205

Case 2: 11-cv-08083-R

-MAN Document 7

Filed 09/29/11

Page 78 of 158 Page ID

#:200

viewing until the day after 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 e1ectronic 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 ~n~!pl~ce numerous federal district courts
at
(many of which are described ill 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.
Los AngeJes
At the Downtown (Stanley Mosk Courthouse) branch of the Superior Court of
California in Los Angeles, court staffupload the full text of newly filed
complaints to the court's computer system after initial intake tasks, which include
scanning and assigning a case number, have been completed. Reporters can then
review the vast majority of new actions that are filed on a particular day at
terminals located at the courthouse that are available to the general public, or on
additional terminals located ia'a designated press room. Both the filing roomincluding the intake and processihg, areas-« and the area in which the general
public view cases close
4:30 p.m., but'the press room remains open later and
even the latest filings of the day are available and can be reviewed by 7:00 p.m.
About 110 new civil, general jurisdiction cases are filed each day.

at

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 copies of
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 unti15:00 p.m. Courthouse News' reporter can then request copies of any
of those late-filed complaints, and they are generally provided right away.

Media Access to Courts Around the Nation"

Page B

.; :{~:
:':

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Exhibit 3
Page 75

]'i

FER206

Case 2:11-cv-08083-R

-MAN

D6cument'7l;·

Filed 09/29/11

. .', ~#:2Q1

Page 79 of 158

Page 10

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.
Sometime between 4:30 and 5:00 p.m., a court staffer places a large majority of
the civil complaints filed that day in the pass-through boxes so that the media can
review them. Reporters that cover the courthouse on a daily 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~table~jnJ1:te~p~blic
area of the office. Courthouse
News' reporter then reviews the stack of cover sheets 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 the Western District of Kentucky in
Louisville has adopted an e-filing system requiring initiating documents to be
filed electronically. Courthouse News' reporter is able to review newly filed
complaints in exactly the same format as th.ey are received in the clerk's office,
prior to being docketed and before they are available to the public on PACER, by
using a shel1 case number code to access an electronic press queue of new filings
on PACER, both online and at public computer terminals at the courthouse.
Manhattan
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 fil€fd in paper or electronic fonn. E-filed cases are
posted online to a court website~bythe ehd of the day they are filed, while new
complaints filed in paperform
indexed and scanned shortly after being filed,
and made available electronically via an internal computer system on terminals
set up throughout the courthouse. At 3:30 p.m., and then at regular intervals until
4:45 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.

are

Media Access to Courts Around the Nation
fnH~~ vi uf

Page 9

Exhibit 3
Page 76

FER207

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:202

~t....

1.i

Page 80 of 158

Page 10

~l

th~

At the United States District Court for
Southern District of New York,
reporters are permitted to view new civil complaints three times a day - between
9:00 a.m. and 9:45 a.m., between 11:30 a.m. and 12:15 p.m., and between 3:45
p.m. and 4:30 p.m. - on the same day the complaints are filed.
Martinez
At the Contra Costa County Superior Court in Martinez, California, the court
closes its doors to the public at 3:00 p.m. each day. However, those still in line at
that time are allowed to remain in the clerk's office to complete their filings. and
the clerks staff continue their work at the court until at least 5:00 p.m. Although
Courthouse News had previously experienced delays in access at this court, court
staff recently implemented new access procedures after Courthouse News brought
the issue of delays to the attention of both the court's head clerk and its presiding
judge. Under those procedures, filed civil unlimited jurisdiction complaints are
placed in a media bin at approximately 4:00 p.m. each day, and Courthouse News'
reporter is permitted to remain ~tthe court until 4:45 p.m. to review those
complaints, the result of'whlch j's same-day access to the vast majority of newly
filed unlimited jurisdiction complaints. l
Miami
At the United States District Court for the Southern District of Florida, electronic
filing of new civil complaints is mandatory, and new complaints that are filed
before 5 :00 p.m. appear on PACER on the same day they are filed. Cases filed
after 5:00 p.m. appear on PACER the following 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 yef 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 ~o.\lrt f~r"~~astern District of Wisconsin, most
E
new complaints are e-filed and availableielectronically 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 anomina1 fee.
Media Access to Courts Around the Nation
~73~D~ •• f
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Page 10

Exhibit 3
Page 77

FER208

Case 2:11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page 81 of 158 Page ID

#:203

MinneapoliS/St.

Paul

At both the Hennepin County District Court in Minneapolis and the Ramsey
County District Court in S~.~~q!"'\yhet~::many the new complaints are filed by
of
mail, Courthouse News'.repcrter is(pe~itted 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 filed, but is able to
search for and view the cases she has missed on a computer terminal at the
courthouse
next time she visits the court. The reporter is able to make her
own copies in Hennepin County, where Courthouse News has established a copy
account. In Ramsey County, for cases the reporter reviews on the day of filing,
the court staff will make copies of any complaint the reporter requests. For cases
she reviews after the day offiling, the reporter is able to print a copy directly
from the computer terminal.

the

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 av~lable 01). PACER, the court will 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 of the day's new filings on a public computer terminal at
the courthouse. She then compiles a list 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 for the Middle District of Tennessee. the
clerk's staff are required to stay one hour after closing in order to scan all new
filings and post them onto PA~R on 'the day they are filed,
"

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Page 11

Exhibit 3
Page 78

FER209

Case 2: 11-cv-08083-R

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Document 7 Filed 09/29/11
#:20

Page 82 of 158 Page ID

Oakland
Although the Alameda County Superior Court in Oakland, California, endeavors
to make newly filed complaints available for viewing on its website on a sameday 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. TlJ:estatio~,.i~ equipped with a computer connected to
the Internet. Courthouse News'creporter 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 website.
Oklahoma

City

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 the
clerk's staff then provides the petitions to Courthouse News' reporter, and the
reporter is instructed to sign the back of each petition to 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 3:15 p.m. The reporter may
request copies of petitions at a rate of $1.00 for the first page and 50 cents for all
subsequent pages.
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At the Douglas County District Court, where new complaints can be filed
electronically or in paper form, new cases are immediately indexed and added to
a statewide computer database that is updated on an hourly basis. Courthouse
News' reporter reviews the index information for relevant cases on a courthouse
computer terminal and downloads images as they become available, Downloads
are free at the courthouse, but are also available online via the statewide Justice
website for a fee.

Media Access to Courts Around the Nation
117350'3 vI

Page 12

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Exhibit 3
Page 79
,

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FER210

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
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#:205

Page 83 of 158

Page ID

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 the reporter's review before they are moved to a separate desk for scanning by
4:00 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
behind the counter.
At the United States District Co~rt for ili~
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.
Phoenix
At the Maricopa County Superior Court in Phoenix, Arizona, court staff recently
implemented new procedures to ensure same-day access to civil complaints filed
at its downtown location. Under the new procedures, court staff scan and upload
for electronic viewing all complaints filed before 3 :00 p.m., 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 3:00 and 5:00 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 4:00 and 5;00 p.m.
Pittsburgh
At the Allegheny County- Court of Common Pleas in Pittsburgh, Pennsylvania,
where the court has implemented an internally operated electronic filing system,
nearly all of the 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.

Media Access to Courts Around the Nation

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/l73S0~ I

Page l3

Exhibit 3
Page 80

FER211

Case 2:11-cv-OB083-R

-MAN

Document 7 Filed 09/29/11
#:20

Page 8 of 158

Page 10

In the United States District Court for ~e 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 using her
own portable scanner.
At the 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. She 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 papercopies of those complaints that have not
yet been scanned and postedelth'6:r to th~ 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 make sure that no filings have been missed.
Riverside
At the Superior Court for the State of Cali fornl a, County of Riverside, new
complaints are scanned and made available for electronic viewing via the court's
website 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, carne 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 the vast majority of new complaints would be
made available for electronic viewing on a same-day basis.
.-

St. Louis

c~~

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I,

At the St. Louis City Circuit
In Mfssouri, 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 fiied that same day. Courthouse News' reporter
Media Access to Courts Around the Nation
I17J50~

vi .of

Page 14

Exhibit 3
Page 81

FER212

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:207

Page 85 of 158 Page ID

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.
At the United States District Court for the Eastern District of Miss our it where
new complaints must be electronicallyfiled, each case is assigned a case number
upon filing by the attorney "and i's"'immedjately made available on PACER, even if
it 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 Court of California 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 driver'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 themselves and return them to the shelves.
: )"

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.

All new filings will be"h~foina ~-edia Box during the day. Between
3 :00 and 4:30 each day, this box
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 public, 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 ofthe media viewing new filings must return them to the
box for eventual return to the Records supervisor or assigned clerk.

will

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.

Media Access to Courts Around the Natio~
1113509 vi sar

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Exhibit 3
Page 82

FER213

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Case 2:11-cv-08083-R -MAN

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Page 8 of 158 Page ID

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 ail 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 "transfer boxes" of new
actions being sent to different divisions ofthe court, and are provided with a copy
of the intake log. Reporters are permitted to make copies of cases they determine
to be newsworthy using a portable scanner.
San'Jose
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 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 of a case number, and the assignment of a first 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.m. are also made
available to Courthouse News on the same day they are filed. Unlimited
jurisdiction complaints that EU'eiled over the counter between 3:30 p.m. and the
f
clerk's office closing at 4:00 p.m. have been designated as a staff priority, and the
court endeavors to make them available for review on the same day they are filed.
Courthouse News' reporter it'permitted to remain at the court until 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.
At the San Jose Division of the United States District Court for the Northern
District of California, clerks print out a list 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.

Media Access to Courts Around the Nation
N73S~9

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Page 16

Exhibit 3
Page 83

FER214

Case 2:11-cv-08083-R

-MAN Document 7 Filed 09/29/11
#:209

Page 87 of 158 Page ID

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At the King County Superior Court, CoUrthouse News' reporter is provided with
a docket report of new cases two times per day - once at 11 :00 a.m. and again at
3 :00 p.rn. The 11:00 a.m. list includes all cases that have been filed from 3:00
p.m. on the previous day through 11:00 a.m. on the current day, while the 3:00
p.rn. list includes new cases that have been filed from II :00 a.m. to 3:00 p.m, that
day. The reporter reviews each list to fmd 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.
Tampa
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 4:00 p.m. are provided in
paper form for news reporters, who' b.aV~ until the court closes at 5:00 p.m. to
review those late-filed complaints.
'
Wilniington
At the United States District Court for the 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 immediately 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.

=r

Media Access to Courts Around the Nation
§73SiJ? vI ~.f

1

Page 17

Exhibit 3
Page 84

FER215

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09129/11
#:210

Page 88 of 158 Page ID

EXHmIT4

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FER216

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:211

Page 89 of 158

Page 10

Bill Girdner

From:

eNS LA Fed [[e-mail]]
Tuesday, September 06, 20118:05 PM
CNS Circulation
CNS Los Angeles Federal Report Sap 06, 2011
BlackBerry Version - eNS Los Angeles Federal Report Sep 06,2011 (702882).txt; eNS Los

Sent:
To:
Subject:
Attachments:

Angeles Federal Report Sep 06, 2011 (7021362).rtf
CourthQuse News Service Filter and Expon

DaTAbase Search

lli!lgID.

Los Angeles Federal Report
September 06, 2011
The report below may Dot be transmitted through any means outside the office locatlon tIIat Is subscrlbtng, but may be copted fteely
within that 10(:81lon.A separate subscrIption is required for each office Iocatlon that recelves the report, If you need help finding
underlying documents, please call or email Violet Enciallot [e-mail] or [phone]. The summaries below
descn"bo allegations only and should not be taken as fact.

Western

A11ana Boroni; Dean Copper;
Brenda Copper; Trael Gehm;

Christopher Grossman; Gerard
Cannella; Melanie Cannella;

Rebecca Abad; Gina Adams;
Rick Adams; Debbie Abeel;
Bibian Afable; Michael Akin;
Nicole Akin; Suren Alaverdyao:
Edevin AldanB; Karl Amrine;
James Anthony Alauria; Elmer

US DC Central Districl of Caurornla
Division. Los Angeles, Ealtern Dlvlskm - Riverside

Complaint fOT violation of civil rights, injunction under
the F~~ralJroulJction {,\oct. laintiff's in this case represent
P
U~ citizens who have hired Mitchell Stein to represent
them in lawsutts that have been filed, or will be filed,
against Bank
America and 13 other financial
institutions. On 8/17/2011, defendant Harris grossly

Mitchell Stein

or

violated plaintiffs' civil rights by seizing plaintiffs' legal
files and denying plaintiffs the right to the legal counsel of
their choice.
Free downlQad

Anderson; Bric Anderson;
Sabrina Anderson; Pamela
Anderson; Donald Andrews;

David Appel; Scott Armstrong;
Alex Bacaron; John Bahura;
Cheryl Bailar; William Barber;
Bruce Barmakian; Rodrick
Barnett; David Beaebian; Tom
Beiner; Joseph Bell: Andres
Benavidez; George Bennett;
Amana Bennett; Robert Berry;
John Booth; Edward Bostock;

Patrick Boyd; Suzanne BrlttanBergman; Vicki Brock;

JOM

Brown; Diane Brown; Dexter
Brown; Toby Butterworth;

(,

L.

Bonnie Butterwor!b; Eduardo
Cabasal; Jessica Cabasal; Harry
Campbell; Nelida Campos; Jose
Campos; Mwia Carino: Richard
Carrol; Shawn Cassidy; Jose
Castro; Steve Cater; Carla

Exhibit 4
Page 85

FER217

Case 2:11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page 90 of 158· Page 10

#:212

Cayler; Nonn Cayler; Francis
Celo; Eloy Certeza; Tina Certeza;
John Charlson; Catherine
Charlson; Mark Chasteen; Vipin
Chaturvedi; Joseph Chavoen;
Ana Vilma Guandlque Cisneros;
Grant Clark; Sonia Clark;
Geoffrey Cockrell; Danielle
Cockrell; Hugh Collins; Arturo
Concha; Kat Conway; Randall
Cook; Denise Cook; Cary Cruz;
WilIillm Cubias; Barbara Curtis;
Houston Curtis; Eric Cutler;
Ricardo Davalos; Darkis
Davoddaniel; Don Decker; David
De Leon; Nicholas Deite); paz
Diaz; Jose Duarte; Ana Duenas;
Olic Dunning 111;Hotosa
Ebrahimzadeh; Steven Ehlers;
Mehrdad Emesha; Martin

Escobedo; Ty Etterlein; Michelle
FIIV82Z0; Roger Fenstermacher,

Sally Figueiredo; Fumiko Fisher;
Robert Fitzgerald; Corey Flinn;
Roger Fosdick; Susan Francho:
James Fraser; D'Ann Friend;
Matthew Friend; Matthew
Friend; Barbara Gibbs; Robert
Graham; Walter Grubic; Diane
Gtubic; Magdalena Guizar;
Maria Guzman; Richard Hale;
Jack Halley; Allison Hanson;
Steven Hardie; Cindy Harrison;

Tom Herbst; Mario Herrera;
Darlene Holloway; Ralph
Holloway, Pat Hunt; Harley
Hunter; Jean Hunter; Rebecca
Ignacio; Joseph Ignacio;
Clarence Irving; Evelyn Irving;
Art Imrbe; Athena Jackson; Glen
Jackson; Tyrone Javellana; Kevin
Jopes; Diane Kepley; Kevin
Kechi; Jay Kim; Lynn Kimberly;
Steve Kong; Brent Komourous;

NBI1cy Kl1UItz; Gladys Krentz;
Dean Kraemer; Joshua Kreitzer;
Peter Kreuzer; Jackie Kreuzer;
MBnLJel Landovazo; Stephanie
Landen; Jennifer Langlo; Ashley
Larsen; Christian Larsen; Bruce

Lawson; Lisa Lawson; Travis
Leage; A lyssa Leigh; Bobbie
Leonard; Ken Leon; Mark Lilly;
Cannen Linares; lames Locker;
Adelfo Macasa; Bruce MacBride;
Carrie MacBride; Marco MlIChm;
2.

Exhibit 4
Page 86

FER218

Case 2:11-cv-08083-R

-MAN

Filed 09/29/11

Document 7

Page 91 of 158

Page 10

#:213

Louis Miges; Stefan Mahalcy;
Denise Manriquez; Jose Marlo;
Eduardo Marquez; Elnora
Marshall; Janet Marshall; Julio
Martin; Frank Martinez; Frank. A.
Martinez; Patrick Martinez;
Elizabeth Matsik; Mary Medina;
Gloria Melo; Scan McDonald;
Bruce Milligan; Anila Molnar;
Veronica Monterrubio; Toby
Moore; Leonidis Morales; Juan
Carlos MorriIJo; Erica Morgera;
Basheer Murad; YOIIlI1I1
Natividad: Joe Navarro; Micah
Neely; Richard Neely; Scott
Newton; Karen Nierbab; Editha
Nepomuceno; Emesto
Nepomuceno; Alan Ness;
Catherine Nun; John Ocampo;
Roman Olivos; Juan Padilla;
Macia. Padilla; Socorro Pareda;
Alan Parsons; Angela Parada;
Kasimlr Patelski; Cindy Petelski;
Don Peden; Diane Perrera; Raul
Pemett; James Peterson; Paul
Pirtle; Lee Poindexter, Leslie
Pollack; Douglas Powers; Carol
Powers; Ana Maria Prezio;
Steven Quick; Rebecca Quick;
William Rabello: Luz Miriam
Ramirez; Silvia Rendon; Editha
Restauro; Nancy Heller Riley;
Nooro!lah Rahdar; Seyed Razavi;
Debra Rein; Arthur Rodriguez;
Ofelia Romero; Florence
Sabagquit; Jesse Sabagquit;
Sherry Safko: Derrick Sanders;
Carl Sanko; Reginald Santiago;
Simon Sarkisian; Jose Saucedo;
Randy Scarberry; Jeannie
Scarberry; Cranford Scott; Sheila
Scott; Courtney Scott; Juanita
Scott; Brian Sexson; Terry
Shaeffer; Peter Sheldon; Scot!
Shubb; Martin Silva; Kenneth
Simonsen; Sheryl Simonsen;
Baldev Singh; Baljlt Singh; Nida
Singh: Michael Smith; William
Smith.; Mark. Smith; Charles
Crayton Smith; Robert Smith;
Milton Smith II; Robert Snyder;
Valerie Snyder, Joanne Snyder
Davidson; Hernaltha SourlParsons; Iliana Sorensen; Rosario
Maria Soto; Barbara Sponster;
Rayetta Stanley; Del Staudinger;
3

Exhibit 4
Page 87

FER219

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09J29J11
#:21

Page 92 of 158 Page 10

Tracey Hampton·Stein; Paul
Strohecker; Lidia Iapill; Bob
Tidd; Betty Timbers; Greg
Townsend; Charlotte Tucker;
Jodi Tuft; Timothy Tuma; Mary
Turna; Malcom Turner; Marilla
Vanderwall; Ronnie Van Green;
Mitch Van Mechlon; Lisa
Vasquez; Enrique Villanueva;
Rebecca Villanueva; Nadia
Villareal; Christopher Vlllaruz;
Linda Vo; Hui Vo; Patrick
Vuong; Laura W~lldheim;
Victoria Wallace; Zane Walker;
Melissa Warner; Gurmeet
Wllraich; Harjinder Wamich;
Walter Weiss; Gunter
Weissmann; Sherry SmithWeissmann; Edna Wenning;
Veronica Widener; Todd
Widener; Timothy Widlund;
Melissa Widlund; Craig
Williams; Richard Wilson; Jon
Withrow; Natasha Yusla; Luis
Zavala; George Zink; Mitchell
Stein; Mitchell Stein &
Associates LLP; ROell

v.
State of California; County of
Los Angeles; City of Los

Angeles: Kamala Harris;
Benjamin Diehl: James Toma;
Tile State Bar of Cal ifomia; Does
9/6/20 II 2: II cv 7303 CBM
(Western Division - Los Angeles)
Colette Von Kaenel

v.
Skinny Girl Cocktails LLC; SGC
Global LLC; Beam Global Spirits
&. Wine Ine.; lim Beam Brands
Co.
9/612011 2: 11 cv 7305 JAK
(Western Divisioa- Los Angeles)

Tuan Dang
v.
AT &. T Mobility LLC, a
Delaware LLC; AT & T Inc, a
Delaware corp.; AT & T Corp., a

Class action complaint for common law fraud, breach of
express WlUTIlIlty. This is a class action on behalf of
consumers who purchased defendants' Skinnyglrl
Margarita beverage which purports to be "All Natural"
and containing "1l0 preservatlvea, I, even though the
beverage product contains synthetic sodium benzoate.

Daniel Tamez
Gnau & Tamez Law
Group- San Diego

Free download

Complaint for damages, violation of the Fair Labor
Standards Act. Plaintiffwas often required to work while
he was "punched out"

Joel Bryant
Green Bryant & FrenchSan Diego

Free download

New York corp.; AT & T

Mobility Wireless Operations
Holdings Inc., a Delaware corp.;

Does
916flJ) 11 2: 11 ev 7307 GW
(Western Division - Los Angeles)

Exhibit 4
Page 88

FER220

Case 2:11-cv-OB083-R

-MAN

Novart Kasbarian, as
administrator of the Bstate of
Kasbar Kasbarian

Document 7 Filed 09/29/11
#:215

Page 93 of 158

Page 10

ViolatiGn of the Fair Credit Reporting Act and the Fajr
Debt Collection Practices Act.
Free download .

Tammy Hussin
Lemberg & AssociatesCarlsbad

Matthew Jones
v.
Dirt Blossom lnc.; David
Jacobson: Larry Rattner; Does
9/612011 2: I I ev 7311 JHN
(Western Division - Los Angeles)

Copyright lnfringement action over plaintiff's screenplay
entitled "Boot Tracks, "
Free downl()ad

Arthur Aaronson
Aaronson & Aaronson

Rosa Hernandez

Complaint for breach of express warranty, strict liability,
defective design. Defendants' prescription drug Actos and
pioglitarone hydrochloride caused plaintiffs bladder
cancer.
Free download

Joseph Maher
Weitz & Luxenberg

Complaint for breach of express warranty, strict liability,
defective design, Defendants' prescription drug Actos and
pioglitezone hydrochloride caused plaintiff Howard
Geiser's bladder cancer.
Free download

Joseph Maher
Weitz & Luxenberg

Trademark and cop)"Tigittinfringement action over
counterfeit "Mophje~ branded products. Plaintiff is a
designer and manufacturer of mobile intelligent devices an

Christopher Johnson
Johnson & Pham LLP

v.
Chase Bank USA
9/612011 2: 11 cv 7309 CAS
(Western Division - Los Angeles)

v.
Takeda Pharmaceuticals North
America lnc.; Takeda
Phannaceuticals International
Jnc.; Takeda Pharmaceutical
Company Limited; Takeda
Pharmaceuticals LLC; Takeda
Global Research &. Development
Center lnc.; Takeda San Diego
Inc.; Does
9/6120 II 2: II cv 7320 JAK
(Western Division- Los Angeles)
Howard Geiser; Rona Geiser

v.
Takeda Pharmaceuticals North
America Inc.; Takeda
Pharmaceuticals International
Inc.; Takeda Pharmaceutical
Company Limited; Takeda
Pharmaceuticals LLC; Takeda
Global Research & Development
Center Inc.; Takeda San Diego
Inc.: Does
91612011 2: I 1 cv 1321 PSG
(Western Divislon- Los Angeles)
Mcphie Inc., f.k.l!. mStation
COrp.

v.
Wan Ma, ak.a. Raymond Ma;

accessories.

Does

Free download

9/612011 2:11 cv 7323 CBM

(Western Division - Los Angeles)
The Independent Order of
Foresters
v.
John Mungo; Beacon Crest

Complaint for violations of the Racketeer Influenced and
Corrupt Organlzarions Act, constructive trust and

Michael Ben

accounting.
Free download

Sorensen

Burke Williams &

5

Exhibit 4
Page 89

FER221

Case 2: 11-cv-08083-R -MAN

Document 7

Filed 09/29/11

Page 9 of 158 Page

to

#:21

Flnancial·and Insumnce Services;
Steven Kwizera; Julius Katega;
Solomon Kisekka; Cheche
Momodu; Damiano Klgeye;
Andrew Muhumuz.a; Sharon
Komwaro; Oeorge Agaba; Rose
Severino; Maria Malek; Marie
Kahmgi; Ronnie Kamara:
Michael Lyadda; Patricia Torres
91612011 2: 11 cv 7326 ODW
.
(Western Division - Los Angeles)

..
Mophie Inc.• f.k.a. mStation
Corp.

v.
Amber Ade; Does
916/2011 2: 11 cv 7327 VBF
(Western Division" Los Angeles)
Mophie Inc., f.k.!!. mStation
Corp.
v.

Trademark and copyright infringement action over
counterfeit "Mophie" branded products. Plaintiff is a
designer and manufacturer of mobile intelligent devices an
accessories.
Free download

Christopher Johnson
Johnson & Phem LLP

Trademark and copyright infringement action over
counterfeit "Mcphie" branded products. Plaintiff is II
designer and manufacturer of mobile intelligent devices

Christopher Johnson
Johnson & Pham LLP
110

Ronald Reeves; Does
9/6120 II 2: 1t Cy 7328 SVW
(Western Division - Los Angeles)

IlCCC590rics.
Free download

Mophie Ine., f.k.a, rnStlltion

Trademark and copyright infringement action over
counterfeit "Mcphie" branded products. Plaintiff is a
designer and manufacturer of mobile intelligent devices an
accessories.
Free download

Christopher Johnson
Johnson & Pham LLP

Trademark and copyright infringement action over
counterfeit "Mophie" branded products, Plaintiff is a
deSigner and manufacturer of mobile intelligent devices an
accessories.
Free download

Christopher Johnson
Johnson & Pham LLP

Class action complaint on behalf of ill I California
homeowners whose loans have been originated by
defendant Indymac Bank u:!ing signifiCllntly reduced
underwriting standards designed 10 allow borrowers to
obtain mortgage without proper verificatlon ofincome,
no-doe and no money down programs, offering extremely
risky credit terms to borrowers such as negative
amortization, interest only payment options and,
adjustable rate mortgage terms that defendant knew would
be unsustainable far borrowers,
Free download

Khihn Yam

Corp.

v,
Sidrah Qadeer, a.k.a, Sidrah
Ahmed; Does
9/612011 2: II cv 7329 JFW
(Western Division- Los Angeles)
Mcphie Inc.• f.k.a. mStation
Corp.

v.
Chad Nordby; Wibu Ventures
Ine., a Minnesota corp.; Does
9/612011 2:11 cv 7331 DSF
(Western Division - Los Angeles)
Ot Bonsynat; Tom Casault
v.

Independent National Mortgage
Corp .• e.k.a, lndymac Bank;
Onewest Bank; 1MB Holdco
LLC; 1MB Management

Holdings LP; Dune Capital LLC;
JC Flowers & Co.: MSD Capital
LP; Stone Point Capital; Soms
Fund Management LLCi SSP
Offshore LLC; Paulson & ce,
Silar Advisors LP: SiJar MCF-I
LLC; Aurora Mortgage Services
LLC; US BIUlk National Trust, as

6

Exhibit 4
Page 90

FER222

Case 2:11-cv-08083-R

-MAN

Document 7 , Filed 09/29/11

Page 95 of 158

Page 10

#:217

trustee for Lehman XS Trust
Mortgage Pass- Through
Certificates Series 2007-12N;
Federal Natiol12llMortgage
Association, a.k.a. FNMA or
Fannie Mile
9/6/2011 8: II cv 134S CJe
(Western Division· L05 Angeles)
Danny Joe Hirschfield
v,
U.S. Department of Homeland
Security; Officer Edward Lott
9/6/201 [ 2: II cv 1237
(unassigned)
(Western Dlvlsion- Los Angeles)

IFP: Violatin ofdvil rights.

Nancy Dardarian

Class ootioli'cornpJaint'for violations of'the Song-Beverly
Credit Card Act. (Case in other court: Cal ifornia Northern.
3: II-cv-00948.)

v.

Sur La Table, Inc., a Washington
corp.
9/6120112;11 cv 7301 ODW
(Western Division - Los Angeles)
Cannille Johnson

Removal of complaint for violations oflhe Americans

v.

With Disabilities Act, negligence,

Pepsico lnc.; New Bern
Transport Corp, Inc.; Does
9/612011 2: II cv 7308 JFW
(Western Division - Los Angeles)
Cecilia Medina

v.

Bouchard

p: Tim Hoffman

Hoffman & LazearOakland
d; Scott Jacobs
Reed Smith
p: Eugene Feldman
d: James Berry
Berry & Lussier

Removal of complaint for sexual harassment in
employment, battery, failure to preventhamssment.

p: Robert Tafoya
TafOY/l &, Garcia LLP
d: Cynthia Filla
Jackson Lewis LLP

Removal of class act Ion complaint for labor code
violations. Macy's routinely requires all of their employees
to perform ll~aid work "off the clock."

p: Nicolette G1I1:l:CJ
d: Julia Azrael

Hilton Anaheim; Victor Ramirez;
Does
9/6f2011 2:11 ev 73 11 DSF
(Western Division - Los Angeles)
Mfralba Castro Rosas; Mimi
Santa Cruz; Adel Dagon;
Cbristopher Odman; Robert

pm per

,. ~

r .

i

v,
Macy's Inc.; Maey's West Stores
lnc.; Does
916h.0 II 2: 11 ev 7318 PSG
(Western Division - Los Angeles)
Oganes Mesroplan

v.

Removal of complaint fOT violation of the Fair Debt
Collection Practlces Act.

Bank of America NA; Chase

p: Jeffrey Coleman
d: Julia Strickland
8troOck Stroock &,
LavanLLP

Bank USA NA: Citib!ll1k NA: U~ _
Bank NA; Dues
9/6120112:11 cv 731 S JAK
(Western Division - Los Angeles)
7

Exhibit 4
Page 91

FER223

Case 2:11-cv-08083-R

-MAN

Sandra Seher

v.

Document 7 Filed 09/29/11
#:218

Page 9 of158

Rem'oval of'complaintfor violation ofthc Truth in
Lending Act, unfair debt collectlnn practices.

JP Morgan Chase NA; Matilla
Realty Inc.; NDEX West LLC;
Does
9/6/2011 2;11 cv 7314 SJO
(We~tem Division - Los Angeles)
Hicks Park LLP

Removal of complaint for failure to pay for legal services.

Page 10

p: proper
d: Mark Block
Wargo & French LLP

p: James Hicks

v.

Hicks Park LLP

INO Bank FSB, d.b,a. INO
Direct; Does
9/6120112: 11 cv 7330 ODW
(Western Division - Los Angeles)

d: Terrance Evans
Duane Morris LLP- San
Franclsce
Removal of complaint for wrongful foreclosure,
promissory estoppel.

p: Jeremy Alberts
d: Peter Sillman
Pite Duncan- San Diego

Ashley Vincenti; Anthony
Vincenti
v.
Exxon Mobil Corp.; Does
9/612011 2:] 1 cv 7336 VSP
(Western Division - Los Angeles)

Removal' of~omplairit'{or personal injuries and damages
to-property due to'defendant's failure to properly control
and maintain the underground fuel storage tanks.

p: Jeffrey Young- Santa
Barbara

Richard Lee; Mary Lee

Removal of complaint for damages, asbestos litigation.

Janet Dominguez-Provencio
v.
Federal Home Loan Mortgage
Corp.; Citimortgage Inc, a New

York corp.; Cal-Western
Reconveyance Corp.; Does
9/6120112:11 CY 7335 PA
(Western Division - Los Angeles)

d: Lawrence Riff

Steptoe

s: Johnson

LLP

p: Joseph Maher IT

v.

Weitz; & Luxenberg PC

Alfa Laval Inc.; C!i1portland Co.,
n.a. Calffornie Portland Cement
Co.; CBS Corp., f.k.a. Viacom
Inc.; Certain teed Corp.; ClarkReliance corp.; Crane Co.; CSR
Ltd., f.k.a. Colonial Sugar
Refining Co. Inc. of Syney
Australia; Foster Wheeler LLC;
Foster Whet:ler Energy Corp.;
General Electric Co.; GeorgiaPacific LLC, f.k.a. GeorgiaPacific Corp.; Hill Brothers
Chemioal Co.; Ingersoll-Rand

d: Geoffrey Davis
K & L Oates LLP

Co.; Kaiser Gypsum Co. Inc.;
Kelly-Moore Paint Co. Inc.;

Owens-Illinois Inc.; 0-1 Inc.;
Rapid American Corp.; SocoWest Inc., f.k.lI. Brcnntag West
Inc., f.k.a, Soco-Lynch Corp.;
Syd Carpenter, Marine
Contractor Ine.; Union Carbide
Corp.; Yarway Corp.; Does
9/611011 2: 11 cv 7333 GHK
B

Exhibit 4
Page 92

FER224

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:219

Page 97 of 158

Page 10

(Western·Divjsion - Los Angeles)
Removal of complaint for violation of civil rights. (Case
111
other court: California Northern, 3: l1-cv-OI254.>

p: James Richard

Patterson
Harrison Patterson &
O'Connor LLP- San
Diego
d: Scott Jacobs

~

___~ __------------------~--~'·~~--+-----------------------~k~e~ed~S~lnlittltl~[------~

Deutsche Bank National Trust
Co.

Removal of complaint relating to real property.

.

Barrett Daffin et al

v.
Robert Pickar; Does
8131120112:11 cv 7219 R
(Western Division - Los Angeles)
Sandra Queen Noble

p: James Lee
d: pro per

IFP: Other statutory actions.

pro per

Removal of complaint relating to labor litigation, (Case in
other court; California Northern, 3:0S-cv-Ol 184.)

p: Annette Gifford
Thomas & Solomon
LLP- New York
d: Steven Hazard

Y.

Stolen U.S.A.; US Department of
Health and Human Services;

Kathleen Sebelius; Tika Smith
813112011 2:11 cv 7228
(unassigned)
(Western Division - Los Angeles)
William Helm; Deborah Prise;
Heather Rady; Robert
Chernetsky; Rober Jones: Henry
Klein; Stacey Weinstein; Jeffrey
Sachs; Johnny Coleman; John
Keath; Chad Wickham; James
Crouch: Rickie Ham lIton; Sandy
Thomas; Roger Hugo; Robert
Shaw; Betty Knight; Larry
Hammock; Steven Tiller;
Strother Fulcher, Mary Holden;
Marlsia Fanner; Robert Acevez;
Frederick Aldrich; Merlin
Alexander; Elias Alvidrez;
Steven Arnold; James Baasch;
Robert Bowen; Michele

Gurnee
Gurnee & Daniels LLP·

Roseville

Breindel; Lawrence Camp;

Debbie Chatman; Corey Clary;
Diane Craig; Jeffrey Diggs;
Kathryn Dildy; Marc Dumont;
James Durden; Stephen Escobar;
John Ferguson: Darin Poran;
Robert ldernoto; Kenneth
Giacone; Elizabeth Orant; Linda
Hagerty; Douglas Hazen;

Bernard HilTel; William Hudson,
II1j Julius Johnson; Wilton King;
Eddie Kirkpatrick; Ronald
Langley; Frank Lewis, Charles
, Lowther; Sarah Malmij Steven

Exhibit 4
Page 93

FER225

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:220

Page 98 of 158 Page ID

Martz; Eugenia Matthews; Paul
Meizler; Harold Metcalf,
Michael NaperaIsky; Sean
Oberski; Richard Petersen:
Melissa Ray; Jack Reddick;
Dennis Robertson; Richard
Salhus; John Schabloski; David
Schnell; Warren Seit; William
Shuff; Myra Sloan; Monecia
Smith; Joel)' Splese; Mikal
Stampke; Francis Steinhoff;
Joseph Tafoya; Stephen
Takesian; Jeny Tawney; Tori
Taylor; Pbilip Tillman. Florinda
Trejo; Gayle Walker; James
Whaley; Oeorge White; David
Wyatt; Johnny Johnson
v.
Stephanie Riggs (petitioner);
Alderwoods Group Inc.; Paul
Houston; Service Corporation
International; SCI Funeral &
Cemetery Purchasing
Cooperative, Inc; SCI Eastern
Market Support Center, L,P.; SCI
Western Market Support Center,
L.P.; SCI Houston Market
Support Center, L.P.;
Alderwoods Group, LLC
8131/20 II 2: 11 cv 7200 SVW
(Western Division - Los Angeles)
Brian Fulkerson

v.

Removal of complaint for wrongful termination of
employment, disability discrimination.

p: JohnwiUy Osuji
d: Antonio Ruiz
Weinberg Roger &
Rosenfeld- Alameda

Removal of complaint for rent lease and ejectment.

p: Katherine Watker

Stater Bros Markets Inc.; Service
Employees Jnternational Union
(SEIU) Local 1877; Doell
91612011 5: 11 cv 1407 YAP
(Western Division - Los Angeles)
US Bank NA

Alvarado and
Associates LLP
d: pro per

v.
Clarice Wright (movant); Here
Carlin; Divyu Singh; Vena
Rodriguez; Terry Mayberry;
Does

813112011 5:11 cv 1380 YAP
(Eastern Division - Riverside)
Upland Animal Hospital Inc;
Claus Heisted

v.
Diversified Veterinary
Management Corp.; Senex
Insurance Services Inc.; Hartford
Life and Annuity Insurance Co.,

Removal of complaint for intentional misrepresentation,
conspiracy to commit fraud. unsuitable investments. This
case arises out of It scheme among defendants whereby
they conspired to induce plaintiffs to establish and
implement a 412(i) defined benefit pension plan by falsely
representing the benefits of the plan and the returns of the
plan's Investments so that they would earn extraordinary

David McDowell
Morrison & Foerster

LLP

10

Exhibit 4
Page 94

FER226

Case 2:11-cv-08083-R

-MAN

a Connecticut corp.; Sims

Insurance S~ices Inc.; Eric
Sims; Does
91612011 8:11 cv 1343 DOC
(Western Division - Los Angeles)
Heather McKinstry

Document 7 Filed 09/29/11
#:221

Page 99 of158

-Page 10

large commissions and adminiSlrative fees, while
providing a losing investment proposition to plaintiffs and
the plan participants.

Removal of complaint relating to labor 1itigation,

v.
Accenture Inc, a Delaware corp.;
Does
912120118:11 ev 1335 DOO
(Southern Division - Santa Ana)

p: Briana Kim
Jose GlU'ay -APLC
d: Dennis Hyun
Seyfarth Sbaw

If you have any questions about subseriptions or need a re-send, pleilseeontact our horne office ~t(626) 577-6700.

11

Exhibit 4
Page 95

FER227

Case 2: 11-cv-08083-R -MAN

Document 7

Filed 09/29/11

Page 100 of 158 Page

m

#:222

Exhibit 4
Page 96

FER228

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:223

Page 101 of 158 Page tD

Bill Girdner
CNS LA Fed {[e-mail]

From:

Sent:

Monday, September 12, 20117:47 PM

To:

CNS Circulation

Subject:

eNS Los Angeles Federal R.eport Sep 12, 2011
8lackBeny Version - eNS Los Angeles Federal Report Sep 12, 2011 (706251 }.txt; CNS Los
Angeles Federal Report Sap 12, 2011 (706251}.rtf

Attachments;

Courthouse News Service

Filter lind Export Dinger!

Database Search

Los Angeles Federal Report
September

12, 20 II

The report below may not be transmitted Ihmugh lUIy means outsidll tho office loeatien th~t is subscribing, but may be copied freely
withIn That location. A separate subscription is required for each oruce locetlen that receives the report. 1f you need help finding
Imderlying documents. please QllI Of email ViolQt Enciso at [e-mail] or [phone]. The summaries below
describe allegations only and should not be tllktn as feet.

USDC Central Dilltrict orCaJifofllia
Western Division - Los Angeles, Eastern Division - Riverside, SoutberD Division - Santa Ana

Foremost Groups Inc., f.k.a,
Foremost lntematlonal Trading
Co. Inc.
v,
Ayers Bath (USA) Corp.
91121201J 2;11 ov 7473 GAF
(Western Division - Los Angeles)

Complaint for infringement on excluaive right of
distribution, unfair competition, infringement of
unregistered trademark, Defendant has infringed on
plaintiff's exclusive right to distribute Hulda's bethroom
lind sanitary porcelain products in the US and Canada by
importing Huida sanitary ware proeucts and making those
products available for sale to retail stores, wholesale
channels and regional dealers in the US.
Free download

William Hanssen
Drinker Biddle & Reath

Ph!lip Nisbet; Cory Nisbet

Complaint. fet..damages,.<breach of fiduciary duty.
violation of the Truth in Lending Act.
Free download

Lennie Ann A!zate
Westside Law GroupCarlsbad

Complaint for damages, unreasonable search and seizure.
retaliation.

Adrienne Quarry

v,
Matthew Henggeler; County of

Free download

v,

US Bank Home Mortgage, a
of US Bank and US
Bank National Association;
Downey Savings and Loan;
MERS; Does
9/12/2011 2: 11 cv 7486 JHN
(Western Division - Los Angeles)
subsidiary

Edson Santiago
Los Angeles; Does
911212011 2: II cv 7494 RZ

(Western Division - Los Angeles)
Gabriel Sandoval Jr.
v.

Violation of the Fair Labor Standards Act, unpaid
overtime.

AT & T Mobility LLC, a

Pre,.

dQ)VIlload

Joel Bryant
Green Bryant & French
LLP- San Diego

Delaware LLC; AT & T Ine., a
Delaware corp.; AT & T Corp .• a
1

u

"r!;: ..

.:;

.~~.

Exhibit 4
Page 97

FER229

Case 2:11-cv-08083-R

-MAN.· Document 7 Filed 09/29/11
#:22

Page 102 of 158

Page 10

New York corp.; AT & T
Mobility Wireless Operations
Holdings Ine., II Delaware corp.;
Does

9/12/20112:11 cv 7496 SH
(Western Divisicm - Los Angeles)
Keylo. Bell

Complaint for violation of the Real Estate Settlement
Procedures Act, promissory estoppel, fraud.

v.

Onewest Bank FSB; MTDS Inc.,
d.b.a. Meridian Trust Deed
Service:
9/12/20112:11 cv 7497 E
(Western Division - Los Angeles)

Free download

Vahan Guyumdzhyan
v,
AT & T Mobil ity LLC. a

Vlolation of the Fair Labor Standards A4;.'t, npaid
u

Sarah Golden
Golden & Timbo! PC

overtime.

Joel Bryant
Green Bryant & French

Free download

LLP- San Diego

Jennifer Thompson
v.
AT & T Mobility LLC, II
Delaware LLC; AT &,T lnc., a
Delaware corp; AT&, T Corp .• II
New York corp.; AT & T
MobJlity Wireless Operations
Holdings Inc., a Delaware corp.;
Does
9/12120 II 2: II cv 7499 JeO
(Western Division - Los Angeles)

Violation of the Fair Labor Standards Act, unpaid
overtime.
Free download

Joel Bryant
Green Bryant & French
LLP· San Diego

Harold Soto

Violation of the Fair Labor Standm-ds Act, unpaid
overtime.
Free download

Joel Bryant

Violation of'the Fair Labor Standards Act., unpaid
overtim e,
Free dOWlllolI.d

Joel Bryant

Delaware LLCj AT & T Inc., a

Delaware corp.; AT &, T Corp., II
New York eorp.; AT &, T
Mobility Wireless Operations
Holdings Inc., II Delaware corp.;
Does
9112/2011 2: II cv 7498 PJVI
(Western Division - Los Angeles)

v.
AT &. T Mobility LLC, II
Delaware LLC; AT & T Inc., II
Delaware corp.; AT & T Corp.,
Nc:w York corp.; AT & T

Green Bryant & French
LLP· San Diego

II

Mobility Wirelese Operations
Holdings Inc., a Delaware corp.;
Does
9/12/2011 2:11 cv 7500 MMM
(Western Division - Los Angeles)
F10r Martinez

v.
AT &. T Mobility LLC, 11
Delaware LLC; AT &. T Inc., a
Delaware COlJl.; AT & T Corp., a

Green Bryant &. French
LLP- San Diego

2

Exhibit 4
Page 98

FER230

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:225

Page 103 of 158

Page 10

New York corp.; AT & T
Mobility Wireless Operations
Hokiings lnc., a Delaware corp.;
Docs
9112120112:11 cv 1501 PSG
(Western Divislon- Los Angeles)
Violation ofthe Fair Labor Standards Act, unpaid
overtime.
Free dOwnload

Joel Bryant
Green Bryant & French
LLP- San Diego

Ivan Yakimov
v.
AT & T Mobility LLC, a
Delaware LLC; AT & T lnc., a
Delaware corp.; AT It. T Corp., a
NewYorkcorp.;AT&
T
Mobility Wireless Operations
Holdings Inc., a Delaware corp.;
Does
911212011 2: 11 cv 7503 ODW
(Western Dlvlsion- Los Angeles)

Violation of the Fair Labor Standards Act, unpaid
overtime.
Free download

Joel Bryant
Green Bryant & French
LLP- San Diego

Arsany Said

Violation of the Fair Labor Standards Act, unpaid
overtime.
free dOwnload

Joel Bryant
Green Bryanl &, French
LLP- SIIlJ Diego

Violation of the Fair Labor Standards Act, unpaid
overtime.
Free download

Joel Bryant
Green Bryant &: French
LLP- San Diego

Violation of the Fair Labor Standards Act. unpaid

Joel Bryant

Lindsey McFarland

v.
AT & T Mobility LLC, a
Delaware LLC; AT & T Inc., a
Delaware corp.; AT & T Corp., a
New York corp.; AT & T
Mobility Wireless Operations
Holdlngs Inc" a Delaware corp.;
Does

9112120112:11 cv 7502 CAS
(Western Division - Los Angeles)

v.
AT & T Mobility LLC, a
Delaware LLC; AT at T Inc., a
Delaware corp.; AT & T Corp., a
New York oorp.; AT & T
Mobility Wireless Operations
. Holdings Ine., a Delaware corp.;
Does
9/12/2011 2:1 t cv 7504 PJW
(Western Division - Los Angeles)
Ezekiel Flores
v.
AT &. T Mobility LLC, a
Delaware LLC; AT & T Inc., a
Delaware corp.; AT & T Corp., a

New York corp.; AT & T
Mobility Wireless Operations
Holdings Inc., a Delaware corp.;
Does
9/12120112,:11 cv 1505 MRP
(Western Division - Los Angeles)
Dalsy Payan

J

Exhibit 4
Page 99

FER231

Case 2:11-cv':"08083-R -MAN

v.
AT & T Mobility LLC, a
Delaware LLC; AT & T Inc., a
Delaware corp.; AT &: T Corp., a
New York eorp.; AT & T
Mobility Wireless Operations
Holdings Inc., a Delaware corp.;
Does
9112/2011 2;11 ev 7507 GW
(Wfl5tem Division - Los Angeles)
Boost Worldwide Inc,

v.
EI Cernino Insurance; Wireless
Connections Inc.
911212011 2: II cv 7514 JAK
(Western Division - Los Angeles)
Henry Cox

v.

Document 7 Filed 09/29/11'
#:22

Page 10 of 158 Page ID

overtime.
Free download

Green Bryant &- French
LLP- San Diego

Trademark iniTingement action over Bcost's marks for
wireless telecommunications products lind services.
free download

James IUD
Fulwider Patton LLP

Violation of the Pair Debt Collection Practices Act.
Free download

Tammy Hussin
Lemberg & Associates

LLC- Carlsbad

Encore Receivable Management
Inc.; Does
9/1712011 2:11 cv 7515 AJW
(Western Division - Los Angeles)

Com plaint for violation of civil rights, illegal arrest,
Free download

Michael Artan

Phillip Chang; Christopher.
Brennan
v.
The Boeing Care Plan For NonUnion Employees; Does
9/12120118:11 cv 1386JST
(Western Division· Los Angeles)

Complaint for breach of plan, recovery of plan benefits,
injuDctive relief.
Free download: .
r.

GaryTysch

Suzanne Estes. derivatively on
behalf of SmitlfMicro Software
Inc.
v.
William Smith Jr.; Andrew
Schmidt; Thomas Campbell;
Samuel Gulko; Will lam Keiper,
Chris Lippincott; Robert Elliott;
Steven Yasbek; David Sperling;
Jonathan Kahn; Does; Smi1h
Micro Software Inc., a Delaware
corp.
911212011 8:11 cv l394NS
(Western Dlvision • Los Angeles)

VeriIied shareholder derfvatlve complaint for breach of
fiduciary duties. Defendants issued false and misleading
statements to shareholders and engaged in insider trading.
Free down IQad

Lareishia Findley; Lstanya
Rivers; Markeisha Findley

v.
County of Los Angeles; Ronald

York; Docs
9/12120112:11 cv7516DMG
(Western Division. Los Angeles)

Or"

Frank Johnson
Johnson & Weaver
LLP- SIIll Diego

Exhibit 4
Page 100

FER232

Case 2:11-cv-08083-R

-MAN

Smart Fm..
'":ldry Solutions LLC

v.
Analog Devices Inc.; Atmel
Corp.; Freescale Semiconductor
Inc.; Preescale Semiconductor
Holdings J Ltd.; Freescale
Semiconductor Holdings 11Ltd.;
Preescale Semiconductor
Holdings ill Ltd.; Freescale
Semiconductor Holdings IV Ltd.;
Freescale Semiconductor
Holdings V Ltd.; Microchip
Teclrnology Inc.; Nvidia Corp.;
Silicon StoJagc: Teohnology Inc.;
Texas Instruments Ino.; Toshiba
America Inc.; Toshiba America
Electronic Components Ine.;
Toshiba America Information

Document 7 Filed 09/29/11
#:227

Page 105 of 158 Page 10

Patent infringement action over patent no. 6,258,114
entitled "Self-Aligned Contacts For Salicided MOS
Devices."
.
Free download

Anthony Dain
Procopio Cory et aJ.. San
Diego

V iolaticm of the Fair Labor Standards Act. unpaid
overtime.
Free download

Joel Bryant
Orecn Bryant & French
LLP- Slin Diego

Removal of complaint for constructive fraud. breach of
fiduciary duty, equitable lien.

p: David Lake
d: Alan Petlak
Ballard Spahr LLP

Removal of class action complaint for unpaid overtime
wages in employment, unpaid meal and break periods.

p: Garry TetalmanSanta Barbara
d: Richard Simmons
Sheppard Mullin et III

Removal ofpetitlon for judicial supervision of winding up
of pw1nership.

p: Julian Pollok

System! Inc.

9/12/2011 8:11 cv 1396 DOC

(Western Division - Los Angeles)
lasonMeyer

v.
AT & T Mobility LLC. a
Delaware LLC; AT & T Inc., a
Delaware corp.; AT & T Corp., a
New York eorp.; AT & T

Mobility Wireless Operations
Holdings Iac., a Delaware corp.;
Does
9/1212011 8:11 cv 1397 AG
(Western Division" Los Angeles)

Mark Palmer; Wow Deslgns Inc.

v.
Mark Hunter; Flipscript Inc. a
Delaware corp.; Does;
Glyphusion Inc., II Delaware
corp. (as a nominal defendant in
derivative claims)
9/12120112:11 cv7512JAK
(Western Division" Los Angeles)
Vickie Bryant; Tammy Hudgins;
Susan Qddone

v.
Catholic Healtheare West; Does
91l2l2011 2:11 cv 7490 DDP
(Western Division" Los Angeles)
Tom Stull
v,
Michael FoX; Kevin Beer; Doe
Partnership
9112f201l 2:11 cv 7493 ROK

d: Glenn Trost

Connolly Bove et al

5

Exhibit 4
Page 101

FER233

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29111
#:228

Page 10 of 158 Page 10

(Western T)ivlsion - Los Angeles)
Bradley Barton, d.b.a.
Architectural Glazing
Consultants

Removal of complaint for breach of contract, wrongful
discharge from employment, failure to pay due and earned

wages,

San Francisco

d; Jullus Turman
Morgan Lewis &
Beckius- San Francisco

v.
J.R. Four Ltd, d.b.a. Technical
Glass Products; Does
9112120112:11 cv 7474 SVW
(Western Division - Los Angeles)
Melody Trult
v, '.

TOI Friday's Ine.; Does
9/12/201 { 2:11 cv 7485 PA
(Western Division - Los Angeles)
In re debtor Shmuel Erde;
Shmuel Erde (appellant)

p: YoscfPeretz
Peretz & Associates-

Removal of CI£lSS action complaint for recovery of unpaid
minimum wage and overtime in employment, failure to
provide pay stubs.

p; Jonathan Ricasa

Notice of Appeal re Bankruptcy Matter (BAP).

pro per

Violation of civil rights in accommodations,

Craig Fagan- San Diego

ERISA action.

Frank Darras
Darras Law

Removal of complaint for rent lease lind ejectment.

p: Dennis Paul Block

d: Joel Siegel
SNR Denton US LLP

v.
Eastern Savings Bank; Pebble
Creek Realty Inc; Carolyn Dye
(appellees)
9/1212011 2;11 cv 74.81 JAK
(Westem Division - Los Angeles)

Gary Jones; Melanie Jones; J.J.j
A,J.; E.1.; A.S.J.

v.
FAMeO; Sandra Valentine;
DOe!!

9/1212011 2; 11 cv 7492
(unassigned)
(Western Division - Los Angeles)
Dale Dubois

v.
Hartford Life and Accident
Insurance Co.; Group Long Term
Disability Plan for Employees of
Fidelity Nationa I Information
Services Inc
9/9/20112:11 ev 7421 GUK
(Western Division - Los Angeles)
Natalie Petlrian

d: pro per

v.
Julia Gelb; Brscha llIU1i1l11
9/912011 2: II cv 7429 CAS
(Western Division - Los Angeles)

James Donell

Complaint relilting to securities,

v,

Peter Alan Davidson
Brvin Cohen & Jessup

Omid Arabian; Mojdeb Zavosh
9/9120112:11 cv 7454 RSWL

(Western Division. Los Angeles)

s
Exhibit 4
Page 102

FER234

Case 2:11-cv-08083-R

-MAN Document 7

Filed 09/29/11

Page 107 of 158 Page ID

#:229

Complaint relating to securlties.

Peter Alan Davidson
Ervin Cohen & Jessup

Removal of complaint for foreclosure.

p: Aalia Sonawalla
The Wolf Finn ALe
d: proper

Violation of the Fair Labor Standards Act.

Joel Bryant
Green Bryan & French
LLP· San Diego

Josefina Castaneda; Gabriel
Cisneros
v.
Aurora Loan Services LLC;
Quality Loan Service Corp; Does
9f8f20 11 5: II cv J 429 YAP
(Eastern Division - Riverside)

Removal ofoomplaint for foreclosure,

p: pro per

The Bank of New York Mellon
v.
Helen McMichael; Does
918120]1 5;J I cv 1435
(unflSSigned)
(Eastern Division - Riverside)

Removal of complaint relating to real property.

George Neuhaus

Removal of complaint for breach of insurance contract.

James Donell

v.
Masoud Askari; Mehri Askari
9/912011 2:11 ev 7457 OAF
(Western Divislon- Los Angeles)
Federal National Mortgage
Association
v.
Maria De Jesus Zamora; Does
9/8/2011 2; 11 cv 7399 tiMG

(Western Division- Los Angeles)
Yessenia Meza
v,
AT and T Mobility LLC, II
Delaware LLC; AT and T Inc, a
Delaware Corp.; AT and T
Mobility Wireless Operations
Holdings Inc, a Delaware Corp.;
Does; AT and T Corp, a New .

York Corp.
9/812011 2:11 cv 74)0 CAS
(Western Division- Los Angeles)
cI: Howard Dorsey Hall
Green & Hall

p: Eric Fernandez
TFLG ALe· Davis
d: proper

p: Evange1ine Grossman

v.

Shernoff Bidart Darras

Metropolitan Lift! Insurance Co.;
Does
917/20] 1 5:11 cv 1413 YAP
(Eastern Divlsion- Riverside)

Echeverria LLP
d; James Castle

Barger and Walen LLP

In re debtor Roger Alan Davis; 1n Notice of Appeal re Bankruptcy Matter (BAP).
re debtor Erin Marie Davis;
Roger Alan Davis (appellant)
.1

Raymond Aver

v.
Noriyuki Masaki (appellee);

Thomas Casey (appellee); US
Trustee (appellee)
9/812011 8:11 cv 1365 CAS
7

Exhibit 4
Page 103

FER235

Case 2: 11-cv-08083-R

-MAN Document 7 Filed 09/29/11
#:230

Page 108 of 158 . Page ID

(Southern Division - SlIJlta Anll)
In re debtor South Coast Oil
Corporation; Joseph PAlladino
(appellant); Donald WhitCI .
(appellant); BG Operations LLC
(appellant)

Notice of Appeal re Bankruptcy Motter (BAP).

p: D~glas Mahaffey
Mahaffey & Associlltes
d: David Poitras
leITer Mangels et al

v.
South COlISt Oil Corporation, II.
Delaware corp.: Daniel Toe;
James Joseph; US Trustee;
Official Committee of Unsecured
Creditors of the Energy
Development Corporation
Bankruptcy Estate (appellees)
9/812011 8: I] cv 1369 NS
(Southern Division - Santa Ana)

If you have any questions aboUI subscriptions OJ need are-send, please cDnta~t our home office at (6l6) 577..6700.

II

Exhibit 4
Page 104

FER236

Case 2: 11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:231

Page 109 of 158

Page 10

Exhibit 4
Page 105

FER237

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:232

Page 110 of 158 Page ID

Bill Girdner
From;

eNS LA Sup [mpoliczer@cour!housenews.coml

Sent:

Tuesday, September 06, 20116:14 PM
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eNS Los An;eJes State Report Sap 06, 2011
BlackBerry Version - eNS los Angeles State Report Sep 06, 2011 (702B09).txt; eNS los

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Angeles state Report Sep 06, 2011 (702809).rtf
COYrthouse News Service

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Los Angeles State Report
September DIS,2011

The report below may not be Inu1sniltted through any means outside the office location that is 6ubscribing, but may be copied freely
wIthin that tocatton. A. separate subsctiptiQn Is requlred ror eacb office location lhat receives the report. Ifyoll need help finding
underlying documents, please call or email Milt Pollczer at [e-mail] or [phone], The summaries below describe
allegations only IUIdshould not be taken 8!i filet

Lus Angeles Saperior

Katherine L. West aka Kakl West
v.
Pretty Dangerous Films, LLC;
Ryan R. Johnson; Daemon Hillin
9/612011 BC469056 Rico

Court Central

District

Fraud, rescission - mistake, declaratory relief
Paid download

Stacy La Scala
La Scala & Associates

Michael Armitage
Waters, Kraus & Paul

Asbestos
John R. EDiot, Jr.; LInda Elliot
Paid download
v.
Akzo Nobel Paints LLC; Amcod;
CBS; Certainteed; Crown Cork &
Seal; CSR, Ltd.; Dunn-Edwards;

Formosa Plastics Corp. USA;
General Electric; GeorgiaPacific; Hill Brothers Chemical;
John K. Bice Co.; J-M
Manufactuting; Kaiser Gypsum;
Kelly-Moore Palnt; McKesson;
0-1; Owens-Illlnois; P!lTeX USA;
Parker--Hannifin; Rapid-

American; Soco West; The
SherwiJl~Williams Co.; Union
Carbide;

Univar USA

9/61201 I BC4689S4 Hill
Alphus Plowers: Tran!lita
Flowers
v.
Ace Hardware Corporation;
Calaveras Asbestos, Ltd.;
Calaveras Natural Resources;

Mare Willick

AlIbe:rtos. .
Paid

Napoli Bern Ripka

dowlllo.a~

Shkolnik

Certainteed; Georgia Pacific;
Goodrich: Special Electric;
1

Exhibit 4
Page 106

FER238

Case 2:11-cv-08083-R

wMAN Document 7 Filed 09/29/11
#:233

Page 111 of 158 Page 10

Union Carbide

9/6/2011 BC~9011 Kwan
Kendra 1. petty

v.
L & R Group of Companle~

L&R Group of CompanIes, Inc.;
LRG Management Company
LLC; David P. Damus;

Guarantee Pest Control, lnc.:
Thomas Properties Group, Inc.;
E.I. Du Pont de Nemours and
Company
9/612011 BC469065 Lavin

Wrongful tennination of an executive vlce-presldeet and
Richard LOve
refusal to pay part of ber promised compensation.
Plaintili's phone conversations were Intercepted, toxic
chemicals were introduced into tbe work area, and sbe wall
reqoired'to make political contributions to conceal
.
contributions by L & R.
Pllid download

Disability discrimination; wrongful termination. Plaintiff
was fired after requesting accommodation for his injury.
Paid download

Donald Potter

Libel, invasion of privacy in website postings,
Paid download

Bryan Freedman
Freedman & Taitelman

Dale Fiola

Sanefl-Aventis; Sanofl-Aventis

Plaintitfwas fired after expressing concern about
instructions to promote a product for a use that hadn't yet
been approved by the FDA.

US; William Malcolm Parker

Paid download

Fernando Gonzales

v.
Los Angeles Times
Communications, LLC; Tribune
Company; Leticia Bugarin
91612011 BC4699 I 9 Rico
John Doe

v,
Does I through 25
9/6/20tl BC468926 Green
TerranLernp
v.

9/6{2011 BC468927 Strobel
Gerald Rothberg
v.

': :r~
.1:'
John Girardi
Girardi & Keese

B.reach of oral conlract

Barry's Ticket Service

9121Z011 Bc468S72 Hess
Dawn Latiolals

Dangerous

condition

on

public property

v.
KC Building Maintenance; State
ofCaHfornia; City of Los

Kevin Callahan
Thon, Beck, Vanni,
Callahan & Powell

Angeles

9/'}j20 11 BC468573 White
George Sanchez.
v,

Handicapped access

Miguel Custodio, Jr

Declaratory relief. fraud

Daniel Krsshe)

Tacos Mexico, Inc
9/2120 II BC468574 Kleifield
Meister Management, lnc
v.

Sandy Lang; Insyncrgy Products,
Inc
912120 II BC468575 Khan
·2

Exhibit 4
Page 107

FER239

Case 2:11-cv-08083-R

...,MAN Document 7 Filed 09/29/11
#:2:3

Mew Burton; Mary Stroud

Page 112 of 158 Page 10

Personal injuries

Ted Wacker

v.

Robinson, Calcagnle &.

Deandre McLaine; Chrysler
Group LLC; Fox Rent A Car, Inc
91212011 BC46tS76 Murphy

Robinson

Premlsea liability

Timotby Mitchel!
Themis Law Group

Non payment of wages earned

Antonio Jiminez

Ha.ny Nelson
Fenton &; Nelson

Y.

City of Los Angeles

911/2011 BC468958
Kourosh Parsapour, MD

v.
Specialists On Call, Inc
9/2/2011 BC469002

Kwan

Craig Jellison

Non payment of wages earned, defamation per

SIl

Richard Grey

v.
Burbank Unified School District:
Steven Bradley; Danielle Baez:

Charles Colgan: Gabriel
Soumaklan
9/212011 BC46900J Sohigian
Oded Mlodovsky; Malka
Miodovsky

David Beitchman

Declaratory relief

Beitchman

& ZeldarJ

v.
The Argus Group; Post Family
Trust; Sandra Post; Argus Realty
Management Co.
9{612011 BC468577

Brazlle
Breach of contract

Robert Kennard
Nelson &. Kennard

Personal iojUT)'

First Bank

Robert McMillan
Reza] & Associates

Unfair and deceptive business practices

Swazi Taylor

Possession of personal property. common counts

Brian Winn

v.
Robeworks

International,

Inc;

Nathaneal Harkham
9/612011 BC468913 Hogue
Evaristo Quinones

v.
Naomi Campbell; Los Angeles
Metropolitan Transit Authority
9/612011 BC468914 Scheper
Carlos Ozzimo
v.
JP Morgan Chase Bank:
California Reconveyance

Company
9(612011 BC468951

Hess

First Entertainment Credit Union
v.
Stacy L. Beverly; California
Department

of

MOtOF

Vehicles

916/2011 BC46B9S2 Weintraub
3

Exhibit 4
Page 108

FER240

, Case 2:11-cv-08083-R

-MAN

Amnon Kawa

Document 7 Filed 09/29/11
#:235

Fraudulent transfm

v.

Page 113 of 158 Page ID

ZackyRozio

fad Ion & Rozio

Shlomo Epolbim; 14623 Delano
Properties. LCe; '14733 Delma
Properties, LLC

9/6/2011 BC46900S Solner
Declaratory nolicf

Douglas Richardson

Motor vehicle, negligence

Eric Seuthe
Seuthe Be. Associates

Joel Pagatpatan
v.
Donna Claire Allen; Los Angeles
County Metropolitan
Transportation Authority;
Apolonio De Castro Gelena
912/2011 BC467993 Khan

Personal injury

Thomas Samaha

Annie Akers

Premises liability

Omid Khorshidi
Khorshidi & Sadighlm

Declaratory relief

Thomas Bayard
Alessi &. Bayard

Abatement of public nuisance

Cannell Trutanich

Aadnn Properties LLC

v.
Bank of America NA; Blink of
America Corporation; BIIC Home
Loan Servicing, LP
9/612011 BC46891S Bruguera
Dora Luz Cabada; Margarit~
Fernandez; Jose Antonio Jimenez
Bahena; Julie Anne Cabada;
Sofia Elena Cabada

v.
Geoffrey S. Carr; State of
California. Department of
General Services
9/6/2011 BC469918 Kendig

v.
Oleo Arakawa dbe Couotryclub
Apartments
9/2/2011 BC46794 Scheper
Rick Siegel
v_
JP Morgan Chase Bank;
California Reconveyance
Company

9/6120 [I BC4690S8 Bruguera
The People of the State of
California

L, A_ City Attorney

v,
California Valley Green Farmers;
Wrightcrest, LLC
9f612011 BC469010 Fruin
The People of the State of
California

Abatement of public nuisance

Carmen Trutanich
L. A. City Attorney

v,

Exhibit 4
Page 109

FER241

· . Case 2:11-cv-OB083-R -MAN Document 7 Filed 09/29/11
#:23

Page 11 of 158 Page

to

Global Meds; Kathleen
McGowan; Cannine Camille

McGowan
9/612011 BC469009 Lavin
Dora Luz Cabada; Margarita
Fernandez; Jose Antol1io Jimenez
Bahena; Julie Anne Cabada;
Sofia Elena Cab ada
v,
Geoffrey S. Carr; State of
California, Department of
General Services
9/6/20 II BC46S91 B Kendig

Motor vehicle
i·

Eric Seuthe

Caine & Weiner Company, Inc.
v.

Collection

Steven Friedland

Collection

Steven Friedland

Wrongful termlnatlon

Jacob Emrani

Next Day Specialty. LLC

9/612011 BC469083 Sinanian
Caine & Weiner Company, Inc.

v.
Ranjit Singh dba Singh Grocery
and Spice

9/612011 BC469082 SohigilUl
Elizabeth Gavalda

v.
Lucky Strike EnteI1ainment.
LLC; Fabio Valloccliia; Cesar
Llnero
'
91612011 BC461!578 Hess
Hasan Habib; Nancy Habib

::

Breach of contract

Bruce Rudman
Abdula:z;iz, Grossbart &
Rudman

Labor Code violations

Peter Beck

Motor vehicle

LIllI)' Rabineau

v.
Pirouz Adell; Hamid Adeli;
Babak Adeli; Ali Reaz
Delzendeh; Glass Design
Concepts; Matrix Global

Resources; Financial Pacific
Insurance Company
9/612011 BC~69071 Treu
YoonKang

v.
Tom Kim; T.K. Trading Co.
9/612011 BCQ69069 Rosenblatt
Susie Aguirre
v.
Bryan Kuniyoshi; Mutual
Trading Co.
9/6/20 II BC469068 Palmer
Soan Wofford

Proper

II.

Exhibit 4
Page 110

FER242

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:237

Page 115 of 158

Page 10

Nicole Hollick; Edward Bolanos;
Alfredo Flores; Charlie Beck;
Los Angeles Police Department;
City of Los Angeles
9/612011 BC469067 Rosenfield
.Collection

S. Calvin Myung

Collection

Rebecca Lessley

Premises liability

Z. Dean Hakkak

Michelle Anda; Demetrius A.
Gutierrez
v.
Garvey Unified School District
9/6/2011 BC469051 Sohigian

Personal Injury

Pro per

Valencia Sheet Metal, Inc.

Collection

Bernard Kamine
Kamine Phelps

Premises liability

William Leonard

Oa Young Textile Co., Ltd.
v.
Modem Fabrics, Inc.; Universal
Fabrics, lnc.; Silvertex, INc.;
Mederntex, lne.; Yong B. Lee;
Hyun S.Cha
9/6/2011 BC469066 White

VN Steel Fabrlcation, Inc.
v.
Western Alta Construction, Inc.;
International Fidelity Insurance
Co.; Zurich American Insurance
Co.
9/6/20 I 1 8C469064 Mackey
Doris Blanco

v,
City of Los Angeles.
9/612011 BC469063 Treu

v.
PW Construction, Ine.; Liberty
Mutual Insurance Company;
Citrus Community College
District; Orange County Fire
Authority
9/6/2011 BC4690J4 Rosenfield
Pam Phelan
v.
Hoover Partners, LP

9f6f2011 BC469()t2 Recana
Placo San Bernardino, LLC

Inverse condemnation; wrongful foreclosure

Tonia Knightner

Bryan King Sheldon
Lim, Ruger & Kim

v.
City of San Bernardino; City of
San Bernardino Economic
Development Agency~ Panattoni
Development Company, Inc.
9f612011 BC468955 Freeman
Race discrimination; wrongful termination

Larry Lee

6

Exhibit 4
Page III

FER243

Case 2:11-cv-08083-R -MAN Document 7 Filed 09/29/11
#:238

Page 11 of 158 Page ID

Diversity Law Group

v.
Local Inltlatives Support

Corporation
9/6(2011 BC468924 Solner
Gregory M. Yulish

v.

Breach of contract; removal of dtreetor; Involuntary
dissolution

Joachim Frank.ej Stoncground
Baking Company, [nco
9/612011 BC468923 MUlJlhy

Geoffrey Gold
Rutlef Hobbs &

Davidoff

Violation of Federal Truth in Lending Act

Pro per

Oscar Argueta
v.
City of Los Angeles
9/6120 II BC468920 Palazueloa

Premises liability

Frank McNally

Christopher Bennett

Stay offoreclosure

Proper

Gabriel L. Roman; Luminita
Roman
v.
BRE Properties, Inc.; BRE Villa
Azure, LLC; L I Holdings, Inc.;
Level One. LLC
916/2011 BC469D 16 Bruguera

Housing discrimination

Pro per

Lorena E. Cuevas; Cedar D.

Wrongful death -- medical malpractice

Levik Varian
Yarian &. PatatanYlin

Asbestos

Michael Armitage
Waters, Kraus & Paul

Personal injury

Stephen King

Ghamar Fezlelahl
V.

Amtrust REO, I LLC; Residential
Credit Solutions; Quality Loan
Service Corp.
91612011 BC46S922 Kendig

'I.

NDEx west, LLC; Wells Fargo
Bank, NA
9/6/2011 BC46901 S Minning

Cuevas; Cynthia A. Cuevas

v.
County afLos Angeles
9/6120] I BC469073 Mooney
Paul Bjazevich; Joan Bjazevlch
v.
CSR. Ltd.; Hapag-Lloyd
(America) Inc.; Pacific Maritime
Associaticn

9/612011 BC469085 Lavin

Doro1hy McClendon Matthews

v.
American Airlines, Inc.; Ann
Martin Melodye
916120 11 BC469086 Stem
7

Exhibit 4
Page 112

FER244

Case 2: 11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page 117 of 158

Page ID

#:239

If you hllvc I\llYqueiitions !lbout subscriptltln5 or need II re-send, plcue contact our home offiee

lit

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8

Exhibit 4
Page 113

FER245

Case 2:11-cv-08083-R

-MAN

Document 7

Filed 09/29111

Page 118 of 158 Page ID

#:2 0

Exhibit 4
Page 114

FER246

Case 2:11-cv-08083-R

-MAN Document 7 Filed 09/29/11
#:2 1

Page 119 of 158 Page 10

Bill Girdner
From:

Sent:
To!
Subject~
Attachments:

eNS LA Sup [mpoliczer@courthousenews,coml
Monday, September 12, 2011 6:34 PM
eNS Circulation
css Los Angele$ state Report Sep 12, 2011
BlackBerry Version - eNS los Angeles State Report Sep 12, 2011 (70620IJ).brt; eNS los
Angeles State Report Sep 12, 2011 (706209).rtf

Courthouse News SeD'I,,!: Filter and Export

1!i.n.cMi

Dat8bo5e SeBTCh

Los Angeles State Report
September 12, 2011
The report below may not be transmitted through II!1Y
means outside the office location that is subscribing, but may be copied freely
within thllt loQItion. A separate subscription is required for each office loearion that receives the report. If you need help finding
underlying documents. please call or email MiltPoliczeratpolillzeT@Pl!Cbell.lIl1tor (213) 626-025 S, The! Slim maries below describe
allegations only lind should not be taken lUIfact.

LOB

Angeles Superior Court Central District

Thanh D. Nguyen
v,
Hawaiian Gardens Casino
9112/2011 BC4694 I 6 Dunn

Wrongful termination, retallatlort. Plainriff was retaliated
against lind tired lI'ikr he complained about harassment
and discriminAtion.,r defendant's casino.
Paid download

Ann Hull

Gina Castleberry Prewitt; Adrian
Prewitt

Medical negligent referral. Plalntiff sustained a large tear
in her esophagus after undergoing a pre-lap-bead
procedure at one of defendants' ambulatory surgeI)'
centers
Paid download

Ian Herzog

v.
Weight Loss Centers; I-SOO-GetThin; Mmvin Anton Perer, MD;
Modern Institute for Plastic
Surgery; Valencia Ambulatory
Surgery Center, LLC; Top
Surgeons, LLC; New Life
Surgery Center; Nuri Sabbaghi
9112/20 II BC469464 Bruguera

\1

"

; ,

, ,.

J

I

Oleg Vidov; Joan Borsten Vidov;
Corral Canyon Holdings LLC
v.
California Pair Plan
9112/2011 BC469468 Strobel

Breach of insurance con,tract; bad faith. Failure to pay for
fire damage.
"
Paid download

Steve White

West Builders
v,

Failure to cover $24 million loss caused by a
subcontractor.

Zurich Insurance Company;

Paid download

John Haushalter
Haushalter Kurkhill &
Gaspar

Steadfast Insurance Company

9112120II BC469469 Scheper
Nus Malkbasyan; Albert
SarkiSYIID; Arthur Sarklsyan;
Origor Yeretsyan

Breach of insurance contract; bad faith. Failure to cover
personal injuries resulting from an auto accident.
Paid down load

Robert Silverberg

Exhibit 4
Page 115

FER247

Case 2:11-cv-08083-R

-MAN Document 7 Filed 09/29/11
#:2 2

Page 120 of 158 Page ID

v.
Interinsurance Exchl'Ulgeof the
Automobile Club
9fl 2120 11 BC469470 Alarcon
Asbestos
Paid download

GeorgeK irn

Disability discrimination; wrongful termination. Pleintiff
was tired after taking medical leave.
Paid download

Brian Kesluk
Kesluk &, Silverstein

Robert B. Silverman
v.
Michael Hilulk
911212011 BC469434 Elias

Class action for recording telephone conversations without
permission. Defendant ts a writer fur the LOIii Angeles
Times.
Paid download

Jeffrey Krinsk:
Finkelstein &, Krinsk

Villa D'Este, LP

Construction defects that caused mold at a construction
project that was supposed to be sold for $8 million.
Paid download

Rubin Turner
Turner Aubert &

Sam Davis

v.
Akzo Nobel Paints; Borg
Warner; Certalnteed; Dana
Companies; Eaton Electrical;
Federal-Mogul Asbestos Personal
Injury Trust; FMC; Oates;
General Electric; Genuine Pam;
Georgia Pacific; Henry;
Honeywell International; Kaiser
Gypsum; Kelly Moore Paint;
Kelsey Hayes; Kentile Floors;
Pneuma Abex; Rexnord

Industries; Rich-Tax; Schneider
Electric USA; Tamko Bunding
Products; Maremont; The Pep
Boys MllnnyMoe &. Jack of
California; Trane US; Union
Carbide; Weleo Manufacturlng
9!12flOll

BC469472 Hess

Anna Rios
v.
Fanners Insurance Exchange

9!l 2120 I I BC46943D Hogue

v.

ADT Security Systems, Inc.;
Alexander Demel ition &
Hauling; All Powerful Plumbing
& Heating; American Gunite,
Inc.; Anvil Steel; Artistic
Wrougbt Iron Work; Bleu Stone
Pavid Ltd.; C Six!Showroon;
Cal- State Contractors; California
Closets; Cellar Masters, Inc.;
Deckrite Waterproofing
Company, Ine.; Denn Engineers,
Ine.; Extreme Fire Protection;
Fireplace Guys, Inc.; George
Doors, loc.; Keith M. Phillips,
Ine.; LaGreca Concrete
Construction, Inc.; Nor-Cal
Engineering, Ine.; Paetz
Con~ction;Portoflno;pnvE~

Friedman

2

Exhibit 4
Page 116

FER248

Case 2: 11-cv-Oa083-R

-MAN

Document 7 Filed 09/29/11
#:2 3

Page 121 of 158

Page 10

Inc.; RBH Insulation, Inc.;
Residential Elevators; Spratt
Associates; Steptoe & Sons
PlasteringfDrywall; Studiocast
Designs, Inc.
9/121201 J BC469475 Selner
Carmen Ruiz

Negligence, negligent hiring

James Balesh

Breach of contract

James Gibson

v.
Brian Machida, MD; Lifestyle
Lift California; Scientific Image
Center Management, lne
9/912011 BC467997 Johnson
Gibson Rivera & Toms, LLP

Gibson, Rivera & Toms

v.

Ron Davis; Casey Davis IITldRon
Davis, !IS successor trustees of
the Davis Family Trust dated
November 3,2006
91912011 BC4692IS Murphy

Lynn Bruce; lain Bruce

F.rllucl, negligence

Robert Conrad

Declaratory relief

Stephen Youngerman
Youngerman & McNutt

Breach of eonnaot (LLC operating agreement), fraudulent
conveyance

Thomas Ryu
Kim, Shapiro, Park, Lee

v.
David Saetia; Katherine Saetia;
Tina Chen; Brandi Hong; 10520
Wilshire Owners Association
9191201 I BC469216 Rosenblatt

Steadfast Insurance Company

v.
Lexington Insurance Company
9/9120 II BC469217 Palmer
YI West Corp.

v.

&R)'U

YOLmg Won Kong; Greenwest
Acrtvewear, Inc; Greenwest,
LLC; Nara Bank; OOFS, Inc
919120 II BC469218 Kwan
US Bank, NA

Breach of contract

Steven Booska

Common counts

Steven Sooskll

Personal !njury

Gilbert Sigalll

v.

P &. A Diagnostic Services Corp.;
Pogos Pogosjans, guarantor

9/9/2011

BC46937S Green

USBIIOk,NA

v.
AAron World Company; Sang
Jae Seo
919/2011 BC469377 Brazile
Maria Hernandez

v.
Los Angeles County
3

Exhibit 4
Page 117

FER249

Case 2:11~cv-08083-R -MAN

Document 7

Filed 09129/11

Page 122 of158

Page 10

#:2

Metropolitan Transportation
Authority

9191201 J BC469378 Buckley
Deborah

Quiet title

Henry Kramer

Common counts

Goldenburg

Pro Per

Common

Pro Per

v,

CACVofColorado.

LLC; Nds,

LLC; Fia Card Services, NA
911212011 BC469379

See

Hae Seung Chung
v.
Howard Park; The Golf
Professional Corporation; Jane
Park

9/12/2011 BC469381 Solner
Mi Kyung Park
v.
Cecilia J. Lee; Newton Academy

counts

Inc; James Lee
9il2nO II BC46941 S Rosenfield
Lexington

Insurance

Company

Strict products

liability, negligence

Brian Ferber

v.
Multi-Pure Drinking Water
Systems; Merk John Cosgrove
dba Pacific Planners & Builders;
Don iel Rodriguez
91912011 BC469279 Rico
Declaratory

Keith Williams

relief

Pro Per

v.
First United Methodist Church of
Compton; Real Property
Management Southland; City of
Compton
9112120 II BC469417

Minning

Nader Asef

Song-Beverly

Act

Steve Mikbov
Romano, Stancroff &
Mlkhov

v,
Volkswagen Group of America,
Inc

9112nO 11 BC469419 O'Donm:11
Linda Bottorff; Rodney Bottorff
v,
General Motors LLC
911212011 BC469420 Sinanian

Song-Beverly Act

Orlando Sanchez
v,
Nissan North America, Inc; EI
Monte Imports, Inc dba Power

Song-Beverly Act

Steve Mikhov
Romano, Stancroff
Mikhov

&

Steve Mikhov
Romano, Stan croff &
Mikhov

Nissan EI Monte; Safeeo
Insurance Company of America
4

Exhibit 4
Page 118

FER250

Case 2:11-cv-08083-R

-MAN· Document 7

Filed 09/29/11

Page 123 of 158 Page 10

#:2 5

9/1212011 BC469421 Hiroshige
Law Offices ofNejadpour &
Associates (now L.A. Law Group

Breach of contract

. Joseph Kerendian

Inc.)

v.
Zahedikia, Ali Asghar;
Zahedikia, Eaman; World of
Javaher, Inc
9112(2011 BC469422 Rosenfield
Wrongful termination, race discrimination

Michael Portner

Quiet title

Christie Gaumer

JPMorgan Chase Bank, N.A.
v.
Meaningful Films, LLC: StUl1rt
Paul
911212011 BC469382 Wiley

Co flection

Timothy Silvennan
Solomon, Grindle,
Silverman & Wintringer

Kelly Hsin Chen
v,

Sexual harassment

Deane Shammder

.Asha Abdella
v,

Meruelo Maddux Properties 760
S. Hill Street, LLC; Mcruelo
Maddux Management, LLC
911212011 BC469423 Lavin
Ferrleh Apparel. Inc; Lev!
Estates, Inc

v.
Franklin Towers Homeowners
Association, Jnc
9/12/2011 BC469424 Rico

Shanander Thoms

An Eslava; Shine Food; Jessie
Lord Bakery, LLC
91l2n.Ol] BC469384 Dau

Leonardo Valenti Inc.
v.
Bernini Inc.

Collection

Leo O'Biecunas
Zide & O'Biecunas

9/12'2011 BC469387 Fruin

John Kim

v.

. Failure to·PIlYovertime anti provide accurate wage
statements

Peter Beck

Foreign Exchange
9r]2I2011 BC469388 Bruguera
Ebony Gumor)'

Wrongful eviction

Robert Mobasseri

Foreclosure; breach of promissory note

Robert Rentzer

Y.

Njaka Affiliated Holdings, LLC;
Jacquelyn Njaka
91]2/2011 BC469389 Freeman

Hsiuh Chin Lin; Tung Hsiang
Lan Lin
v.

s

Exhibit 4
Page 119

FER251

Case 2:11-cv-08083-R -MAN Document 7

Filed 09/29/11

Page 12 of 158 Page 10

#:2

Steve Wu; Samantha Industry
Plaza, LLC; Samantba Corporate
Building, LLC; Smanathan
Sharpstown Court, LLC;
Smanatha Beaumont Center I,
LLC; Henry Van1ri Wu; Ai Hoa
Phan Wu; Wu Management, Inc.;
JAR investments LLC; GDA
Properties LLC; 8.S.H. Capital,
LLC; Barlesville OK Legacy,
LLC; Ho Vee Wu
9/1212011 BC469390 Mooney
Lucio Garcia Santos; Catalina
Santos Galleia; Ignacio Galicia;
Erniliano Santos Garcia
v,
Robert Engel; Ilene Altman;
Universe 3000 Tires & Mufflers;
MJ Hernandez Mechanic Shop;
M. Paniagua Hernandez; A Plus

Negligence

David Lira
Girardi Keese

Fraud; breach of contract

Richard Song

Creditors Adjustment Bureau,
Inc.
v.
Joshua M. Fhima; Gabriel R.
Fhima; Signety Clothing LLC;
Deluxe Off-Price, Inc.;
Affiliated, Inc:.
9fl2fZOll BC469432 Hess

Colleation

Kenneth Freed

Vanessa Morris

Premises liab ility

Eugenia Steele
Gordon Edelstein
Krepack Grant Felton &
Goldstein

Labor Code violations, This is a transfer from limited
jurisdiction.

Peter Beck

Medical malpractice

Julie Palafox

Ed & Eddie's Smog Check

9/12120 I 1 BC469426 Johnson
See Myun Kymm

v.
Sue Kyung Choi; Choice 100
Realty, Inc. Hanmi Bank
9/1212011 BC469427 Buckley
.
'l·

v,

Trizec West LA Tower, LLC:
ABM Janitorlal Services, Inc,
9/1212011 BC4694JJ

Fahey

Bang 11Son

v.
Hwan Sung Yoo; K.S. Trading
Co.
9/912011 BC469156 Recana

LadaS. MI!IJ"X;
GuidoT. Marx

v,
Lawrence R. Menendez; USC

Orthopedic Surgery Associates
911212011. BC46948G Duffy-

Exhibit 4
Page 120

FER252

Case 2:11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page 125 of 158 Page ID

#:2 7

Lewis
Better Life Realty, LLc

Unlawful detainer

H. Steven Schiffres
Rosoff, Schiffres &
Barta

Wrongful termination

Pamela McKibbin Tcren

Quiet title

Stephen Golden

Collection

Franklin Love

v,
David Yashouefar; Jasmine,
USA, Inc.
911212011 BC469471 Freeman
Carolyn Young

v.
Flatiron Construction, Inc.; Dale
M\Iiiins
9/12/2011 BC469473 Kleifleld

Dianne Houston; Crystal CooperMUrrell

v.
Countrywide Home Loans, Inc.;
Bank of America; Recontrust
Company, N.A.; George Moreno;
Eileen Moreno
919120I 1 BC468000 Green
Commercial Collections of
America, LLC

v.
Silvia Cervantes; Manuel Vigil~
Rocket Camera, Inc.
911212011 BC469483 BryantDeason
Sylvia Ortiz

Wrongful termination: pregnancy discrimination

~

Peter Levine

~

E.S.S. Ent. 2000, Inc.; The
Playpen; Sammy Doe; Sam mer
Doe
9/1212011 BC469481 Hess
Ehsan Yaghoubi; Farhad
Yaghoubi

Breach of contract

Pro per

Wrongful termination; Labor Code violations

Melanie Savarese

Collection

George Steele

v.
Quality Loan Service Corp.;
Bank of America, N. A.
9/12J20 11 BC469466 Rosenblatt
Dennis Porras

v.
L.A. Federal Armored Services,
Inc.; Jessee A~h
9/9!2011 BC467999 Lavin

Gwenarc, Inc.

v.
Gina Woodring; Dynasty Trade
Media and Entertainment

91121201l BC469474 Mooney
7

Exhibit 4
Page 121

FER253

Case 2:11-cv-08083-R -MAN Document 7

Filed 09/29/11

Page 12 of 158 Page 10

#:2 8

Brian Spire

Ofer Grossman

Breach of contract

v.

V & R Holdings, Inc. dba Ed
Hardy Jewelry; Monte Christo
Trade Corporation; Rafik O.
Oganesian

911212011 BC469489 Sohigian
East Firestone, LLC

Breach of lease

Eve Wagner

v.

Sauer & Wagner

Pacer lntemational, Inc.
911212011 BC4695D6 Stem
City of Los Angeles
v.
The Society of Children's Book

Unpaid business tax

Carmen Trutanich
City Attorney

Unpaid business tax

Carmen Trutanlch
City Attorney

Unpaid business tIx

Carmen Trutenlch
City Attorney

Writers and illustrators, Inc.
911212011 BC4695D7
City of Los Angeles
v.
Bradford & Marzec, LLC

911212011 BC469508
City of Los Angeles

v.
Power Tnx Relief, LLC

9/12/201 r BCtJti9509

If you h1iyC any questions about subscriptions or Deed a reo-send, please contact our home office at [phone].

8

Exhibit 4
Page 122

FER254

Case 2: 11-cv-08083-R -MAN

Document 7 Filed 09/29/11
#:2 9

Page 127 of158 . Page ID

EXHIBIT 5

FER255

~
..

Case 2:11-cv-08083-R

II
SAN FRANCISCO

BOULDER

-MAN Document 7 Filed 09/29/11
#:250

Page 128 of 158 Page 10

Holme Roberts & Owen UP
AUomq;r al

Law

April 29, 2009
Michael D. Planet
Court Executive Officer
Superior Court of California
County of Ventura
Hall of Justice
~ooSouth Victoria Avenue
Ventura, California 93009

COlORADO SPRINGS

Re:

Media Access 10 New Civil Filings

Dear Mr. Planet:
DENVER

..oNDON

.OSANGElES

IUNrcH

HOENIX

~t lAKE cITY
T

We represent Courthouse News Service, a nationwide news service for lawyers and the
news media. You may recall Courthouse News' Northern California Bureau Chief
Christopher Marshall writing to you in June 2007 about certain difficulties Courthouse
News' reporter was then haying in accessing new cjvH filings at the Court. Following
that letter, the problems were quickly resolved. Unfortunately, the ability of the news
media to access new court filings has deteriorated since that time, and Courthouse News
is once again asking for your help in resolving the situation.
About Courthouse

News Senrice

To refresh your recollection, Courthouse News is similar to other news wire services,
such as the Associated Press, except that Courthouse News focuses on a narrower subject
area: civil lawsuits, from the date of filing through the appellate level. Courthouse News'
subscribers include nearly 2,500 law firms throughout the COlIDtIy, including most of
California's major firms .. In addition, subscribers include other media organizations such
as the Los Angeles Times, The Dallas Morning News, The Boston Globe, the Associated
Press, and Fox News, all ofwhorn rely on Courthouse News to provide them with timely
information about new civil court filings. Courthouse News' web site,
www.courthousenews.com,
also features news reports about civil cases and appeals.
Courthouse News does not report on criminal, family law, or other non-civil actions, and
in California, it reviews only unlimited jurisdiction civil complaints.
Courthouse News' core news publications are its new litigation reports, which are
emaiJed to subscribers and contain a summary of aI.I significant new unlimited civil
complaints filed in a particular jurisdiction. For example, Courthouse News' Central

,

,

. c
Rachel MatteD-Boehm 415266.1996 [e-mail]
560 Mission Street, 25th Floor San Francisco, California 94105-2994 tel [phone] fax [phone]
f4J.1144v2gof

Exhibit 5
Page 123

FER256

Case 2: 11-cv-08083-R . -MAN

Document 7 Filed 09/29/11
#:251

.Page 129 of 158

Page 10

Holme Roberts & Owen lLP
AIl(lrn{Y1 al Law

Michael D. Planet
April 29, 2009
Page 2
Coast Report provides coverage of new complaints filed in the superior courts for Santa
Cruz, Monterey, San Benito, San Luis Obispo, Santa Barbara and Ventura counties.
Access To Civil Records

At Ventura

County Superior

Court

Courthouse News reporter Julianne Krolak has covered the Ventura County Superior
Court since 2003, and currently visits twice each week to review new unlimited
jurisdiction complaints. Up until early 2008, Ms. Krolak was able to review all of the
new unlimited jurisdiction complaints filed since her prior visit, typically waiting only
five to ten minutes to request and receive records. As cases are numbered sequentially,
court staff would simply provide Ms. Krolak with all cases falling within a specified
number range. Ms. Krolak also reviewed the Court's designated "media bin," which
contains cases the Court considers oflikely press interest. 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 last year, however, media access began to deteriorate. In early·2008, Ms ..
Krolak was informed that she would only be allowed to review up to 200 consecutively
. numbered cases on each of her visits. Ms.Krolak was not advised of the reason for the
new limitation, and it is not clear to Courthouse News why such a limitation would be
imposed. since it has been Courthouse News' experience that requests for consecutivelynumbered cases are relatively easy to fulfill I In addition, in many instances Ms. Krolak
was not provided with many of the cases within the number range she had requested,
requiring her to stand in line again to receive the missing cases. To make matters more
difficult, Ms. Krolak was often told she would not be provided with both the cases she
had requested and the media bin cases at the same time, requiring her to stand in line yet
again to obtain the media bin cases. Because the lines can often be long. these
procedures made it significantly more burdensome for Ms. Krolak: to conduct her news
) A number of other California courts, including Superior Courts in Fresno, Kings, Madera,
Mariposa, Merced, Monterey, San Joaquin, Sonoma, and Tulare Counties, provide media access
in this manner. The consecutive numbering means that the clerks in these courts call easily gather
even a large number of'files quickly and place them on a cart for the reporter, and need not spend
time locating particular cases, The reporter then reviews the cases and returns them to the clerks
when his or her review has been completed.

U43844

v2..r

Exhibit 5
Page 124

FER257

Case 2:11-cv-08083-R

-MAN

Document 7: Filed 09/29/11
. .
. i"
; #:252

Page 130 of 158

Page ID

Holme Roberts & Owen UP
AHorngs at Law

Michael D. Plane!
April 29, 2009
Page 3
reporting activities. Courthouse News attempted at various times to work out these issues
with Linda Daniels, a supervisor in the clerk's office, as well as Records Manager Peggy
Yost. Unfortunately, these efforts have proved unsuccessful.
The situation became much worse several months ago, when the court instituted a new
rule limiting members of the media
only 25 files each day. Rather than reviewing a
. stack of sequentially-numbered
files, Ms. Krolak must now request new complaints
individually by filling out a separate request slip for each complaint she wishes to see.
Since there are often more than 50 potentially newsworthy civil unlimited cases filed in
any given week,the 25-fiIe limit frequently prevents Ms. Krolak from reviewing and
reporting on all of the week's newsworthy filings.

to

In addition to the overall file limit, Ms. Krolak may request only 5 cases at a time. Even
if none of the 5 cases is available, Ms. Krolak must wait in line - usually for at least 30
minutes and sometimes for an hour or more - to ask for another 5 cases. Each requested
case counts toward Ms. Krolak's 25-file limit, even if it is not available. In addition,
court staff sometimes count every case in the media' bin towards Ms. Krolak's 2S-case
quota, even "jf all of the media bin cases turn out to be older cases that she has already
reviewed on previous visits.
Right Of Access To Civil Court Records
At most California courts, and in state and federal trial courts across the nation, news
reporters who regularly visit the court are provided with the opportunity to review all of
the new complaints filed since that reporter's last visit, In California, courts have
adopted a variety of'procedures.thgtachieve
this result. As noted above, some courts
simply provide news reporters with a stack ~ofsequentially numbered cases filed since
their last visit. Others ask that reporters request individual cases based on docket
information provided on a list or via a computer terminal, but either do not impose limits
on the number of cases that may be viewed, or impose limits that are set high enough so
as to not prevent news reporters from reviewing all of the potentially newsworthy new
complaints filed since their Iast vis! t. Still others make all new filings - and not just
selected filings- available for media review in a designated press box. In addition, these
court have developed procedures that eliminate the need for members of the news media

Exhibit 5
Page 125

FER258

Case 2:11-cv-08083-R

-MAN

Filed 09/29/11

Document 7

Page 131 of 158 Page 10

#:253

Holme Roherts & Owen ill
Attorneys

a/

..

L.

LaID

Michael D. Planet
April 29,2009
Page 4
who review new filings from having to stand in line severa1 times as part of a single visit
to the court.
The media access procedures imposed in Ventura County are not only significantly more
restrictive than access policies at other California courts. but are also inconsistent with
California's strong presumption of public access to civil court documents. NBC
Subsidiary (KNBe-TV), Inc. v, Superior Court, 20 Cal 4th 1178, 1208 0.25 (1999)
.. (recognizing First Amendment right of access to civil court records); accord, e.g.,
Savaglio v, Wal-Mart Stores, Inc., ]49 Cal App. 4th 588. 596 (2007); Burkle k Burkle,
135 Cal. App. 4th] 045, 1062 (2006); Cal. Rule Ct. 2.550(b) & (c) (once a record has
been filed or lodged with a court,:~l is presumed to be open to public inspection).
"

.

In addition, the United States Supreme Court has recognized that the media function "as
surrogates for the public," which today acquires information about court proceedings
"chiefly through the print and electronic media." Richmond Newspapers, Inc. v. Virginia,
448 U.S. 555,572 (1980). Thus, in the context of courtroom proceedings, although
"media representatives enjoy the same rights of access as the public, they often are
provided special seating and priority of entry so that they may report what people in
attendance have seen and heard." Id. at 573. For the same reason, it is appropriate to
provide news reporters who visit the court on a regular basis with special procedures for
obtaining timely access to new complaints, even if those exact same procedures are not
provided to researchers and/or the genera] public.
Potential

Solutions

To Improve

Access

There are at least two possible solutions that would resolve the current media access
problems at this Court;
Option #1 - Courthouse News respectfully suggests that the simplest solution would be
to reinstate the system of allowing members ofthe news media such as Ms. Krolak to
review all of the' consecutively numbered cases filed since their Jast visit. This would
seem to be the easiest and leastSiIlJe-qonsllWing option fOTthe Court, as it would entail
simply gathering
files within a certain case-number range and placing them on a cart
rather than locating individual file numbers; Although the total number of requested

an

N~3144v2~

Exhibit 5
Page 126

FER259

Case 2:11-cv-08083-R

-MAN

Document 7

Filed 09/29/11

Page 132 of 158

Page ID

#:25

Holme Roberts & Owen
Altornq;

UP

III LClIlI

,

..

Michael D ...Planet
April 29,2009
Page 5

cases might be large, staff in other courts can generally gather even a relatively large
number of cases in a given case number range within a matter of minutes,
Option #2 -In the event the Court determined for whatever reason that it did not want to
reinstate its prior procedures, the Court could instead simply eliminate the limit on the
number of non-sequential cases that accredited members of the news media such as Ms ...
Krolak could request on each of their visits, or at least increase that limit. Ms ... rolak
K
estimates that she would seldom need 10 see more than 50 files each visit; but to allow
some breathing room. Courthouse News respectfuJJy suggests that members of the news
media such as Ms. Krolak be permitted to review up to 60 files per visit.
Whatever procedures the Court ultimately adopts, Courthouse News also respectfully
requests that the procedures be revised so that members of the media such as Ms. Krolak
can obtain access to all potentially newsworthy new filings, whether from the media bin
or from the shelves, at the same time, without needing to stand in line multiple times
. during the same visit to the Court.
s ,:
has been CNS's experience that when th'e media and court officials work together in a
cooperative and creative manner, solutions can almost always be found that give the
media prompt and efficient access to court filings without imposing any significant
burden on court staff, I will call you next week folJow up on this matter, in the hopes thai
we can discuss whether one of the solutions outlined above could be adopted to resolve
the current access problems. In the event you determine that neither of the above
solutions wouJd be workable, perhaps we could meet in person to discuss the matter
further. Although I am based in San Francisco, I have family in Ventura (recently-retired
City Attorney Bob Boehm is my father) and always welcome another opportunity to visit
the aTea...
]t

(R~e177~
Rachel Matteo- Boehm

I'
s.

~4J1I44 v2 sal"

Exhibit 5
Page 127

FER260

Case 2: 11-cv-08083-R

-MAN

..

Document 7 Filed 09/29/11
#:255

Page 133 of 158 Page 10

Michael D. Planet

April 29,2009
Page S
cc: Hon. Kevin J. McGee, Presiding Judge, Superior Court of California, County of
Ventura

.

Cheryl Kanatzar, Deputy' Executive Officer
Bill Girdner. Editor, Courthouse News Service
Christopher Marshall, Northern California Bureau Chief, Courthouse News Service
Julianne Krolak, Reporter, Courthouse News Service

I ~

, .,
.

.~3844vlS"f

Exhibit 5
Page 128

FER261

Case 2: 11-cv-OBOB3-R . -MAN

Document 7 Filed 09/29/11·
#:25

Page 13 of 158

Page ID

EXIDBIT6

".
.....
.,..

•-. !

FER262

Case 2:11-cv-08083-R

-MAN Document 7 Filed 09/29/11
.
#:257

Holme Roberts & Owen

Page 135 of 158 Page 10

LLP

Attl)mep at Law

SAN FRAKC1SCO

BOULDER

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

OUBUN

LOHDDN

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 file-d 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 intimely access to those records.
.

LOS ANGElES

SAL T LAKE GITY

,

We thereforerespectfhlly
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 fi1ed.
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 jt
focuses only on unlimited jurisdiction civil cases.

Rachel Matlea.-Boehm 415.268.1996 [e-mail]
560 Mission Street, 251h Floor San Francisco, California 94105-2994 lei 415.268.2000

fax [phone]
N6J4~9v4 ..

r

Exhibit 6
Page 129

l,

.\

FER263

Case 2:11-cv-08083-R . -MAN

Document 7

Filed 09129/11

Page 13 of 158 Page ID

#:258

Holme Roberts & Owen UP'
Attome;yt

al

Law

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 of all 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 County Superior Court
Courthouse News'
Court since 2003.
new civil unlimited
this Court, starting
basis.

reporter Julianna Krolak has covered the Ventura County Superior
Until recently, Ms. Krolak visited the court twice each week to review
jurisdiction complaints. In recognition of the growing importance of
in November 2010, Ms. Krolak began visiting the Court on a daily
.

Up until early 2008, Ms. Krolak was able 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 a's the clerk's office's practice of providing Ms. Krolak with
all additional complaints fallhig-withi.!1 a specific number range, since cases
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.

are

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 ofthe 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'five cases, Each requested
case counted toward her 2S·file limit, even if the complaint was not made available for

§6J45h4saf

Exhibit 6
Page 130

FER264

Case 2:11-cv-08083-R -MAN Document 7

Filed 09/29/11

Page 137 of 158 Page 10

#:259

Holme Roberts .& awe:a Ji;.
Attorney.r al Law

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 25-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 filed civil complaints.
.
Courthouse News' Northern Califon:rl.a 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 SoJ»tiOlW to the access problems. In June 2009, Ms.
Kanatzar, as well as Ms. Yost and Ms. Daniels, met in person with Mr. MarshaJlro 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
of the
complaints contained in tbe media bin, as weIl 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.

all

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
25
complaints (her limit for cases that were not 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 of ,five complaints she wished to review. Even with respect to
those 25 additional complaints she requested, many were not available, with delays in
access ranging for the most: pili from one to three days. but sometimes significantly
longer.
i

to

HGJ4Shhaf

Exhibit 6
Page 131

FER265

.. Case 2:11-cv-08083-R

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Document 7

Filed 09/29/11

Page 138 of 158 Page ID

#:2 0

Hohne Roberts & Owen LLP·
AUl1m~(1tLaw

t ,

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) 1 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 MI-. 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 unlimited jurisdiction civil complaints. At best,
the Court would attempt to provide next-day access. Mr..Marshall was disappointed to
hear this, but agreed to wait and see what solution the Court carne up with to resolve
delays. Subsequently, Ms. Kanatzar left Mr. Marshall a voice mail message advising him
that beginning on March l4. 2011, the clerks would reprioritize how cases are processed, .
and Courthouse News should begin seeing complaints within two days QffiIing.

Over the past three months, Courthouse News has monitored the availability of complaints
to determine what effect, if any •.the new procedures would have in terms of delays in
access. Unfortunately ..things bave gone from bad to worse ...... th same-day access to new
i
complaints a rare occurrence.'
Rather, actual delays in access are anywhere between one
day and several weeks after filing for virtually all civil unlimited jurisdiction complaints
filed in this Court.

There Is A Right Of Access, And Time/" Access, To

An New

Civil Court Filings

As 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 (KNBC-TV), inc. v. Superior Court,
20 Cal. 4th 1178, 1208 & n.25 (1999) (recognizing First Amendment right of access to civil
Iitigation documents submitted to a court as EI basis for adjudication); Associated Press v.
US. District Court, 705 F.2d 1143,1147 (9llt 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 F.3d
I During one recent four-week
period, only one complaint out of 145 was available for
review on the same day it was filed.
~
..

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Exhibit 6
Page 132

FER266

. Case 2:11-cv-08083-R

-MAN Documenti2

filed 09/29/11

Page 139 of 158 Page 10

Holme Roberts & Owen LLP"
Attorneys at La»

Michael Planet
June 20, 2011

PageS
893, 897 (7th CiT. 1994) ("[i]n light ofvalues which the presumption of access endeavors
to promote, a necessary corollary to jhe presumption is that once found to be appropriate,
. access should be immediate and contemporaneous"); Globe Newspaper Co. v. Pokaski,
868 F 2d 497. 507 (1st Cir, 1989) ("even a one to two day deJay impermissibly burdens the
First Amendment"); Courthouse News Service v. Jackson. 2009 U.S. Dist, LEXIS 62300,
at *l()"'ll~ 14 (S.D. Tex. 2009) (''the 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'/ Trust &
Sav. Ass 'n v. Hotel Rittenhouse AS80CS •• 800 F.2d 339, 344 (3d Cir. 1986) (the right of
access springs into being the moment a person "undertakejs] to utilize the judicial
process"); Leucadia, Inc. v. Applied Extrusion Techs., Inc., 998 F.2d 157, ] 64 (Jd Cir.
1993) (<<By submitting pleadings and motions to the court for decision, one ... exposes
oneself [toJ 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-precessing of those complaints (tasks that vary
from court to court, but can include suchitems as inputting information about the
complaint into a computer system, formal acceptance, scanning, and/or posting the
complaint online for remote viewing). As you can see from the enclosed city-by-city
survey. courts around 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 role as
"surrogates for the public," see, e.g., Richmond Newspapers, Inc. v, Virginia, 448 U.S.
555, 573 (I980), 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.

163459 v4 ••

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Exhibit 6
Page 133

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Case 2:11-'cv-08083-R -MAN

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#:2 2

Page 1 0 of 158 Page ID

Hahne Roberts & Owen urAttorney.

a/

U!W

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 end of each court day.
,

.:'

•

I

•

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
.

.

,
;

,

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Exhibit 6
Page 134

FER268

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:2 3

Page 1 1 of 158 Page ID

Media Access to Courts Around the Nation
Prepared By Courthouse News Service
June 2011
Courts around the COUDtly have developed a variety of procedures to provide the media with
access to new civil case initiating documents (complaints or petitions, depending
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.

on

Albuquerque
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.
At1anta

are

At the Fulton County Superior Coutl-in Atlanta, Georgia. new complaints
scanned
immediately upon filing and mace a-vaj·jabIe at c~mputer 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 tenninalin the Clerk's office. E·fiIed complaints
are made available to CNS's reporter, prior to any processing, via PACER by using a shell case
number code to access 611 online press queue of new same- day filings,

At the Travis County District Courthouse in Austin. where e-filing is mandatory for civil cases,
Courthouse News' reporter gets a list of all 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
tennina1 at the courthouse. Before leaving the court, Courthouse News' reporter gets an
updated copy of the Jist 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 to Courts Around the Nariqn·.:
#62747 vI •• r

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Page I

Exhibit 6
Page 135

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Case 2:11-cv-08083-R

~MAN Document 7 Filed 09/29/11
#:2

Page 1 2 of 158 Page ID

Beaumont
At the Jefferson County District Court in Beaumont, Texas, reporters are allowed behind the
counter to access paper copies of petitions filed that day, before the cases are put through the
docketing process. Reporters can make copies of newsworthy cases.
At the Beaumont Division of 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 typicaJly 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 Court for the Eastern District of New York, parties file ''press
copies" of new complaints, which are placed into a press box that is made available to reporters
throughout the day, thereby allowing them same-day access to the vast majority of new filings,
even if the new filings have not been fully processed or posted to PACER.
"

" ;;,'

,

C.bicago

"

4'

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. and 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 had 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 well as the court's own independent
website, making access to the press queue unnecessary.

Media Access

to Courts Around

the Nillion

Page 2

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Page 1 3 of 158 Page 10

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Cincinnati
At the Hamilton County Court of Common Pleas in Cincinnati, Ohio, new complaints are
placed in the intake urea 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 . .lf
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 10 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 offiling via PACER However, for cases not
available electronically. the court places a copy of new cases into a press box at the intake
counter, where Courthouse News Services' reporter may review them until 4:DOp.m, when the
court closes to the public. The reporter may request copies of new complaints for 50 cents per
page.
Clevellmd
At the Cuyahoga County Court of Common' Pleas in Cleveland, Ohio, Courthouse News'
reporter has 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
made
available on PACER on the same day they are filed. However, to view cases that are restricted
from access via PACER
cases that have not yet been posted to PACER, Courthouse News'
reporter visits the courthouse, where the court staff will print out a copy of any case he
requests. even if docketing has not been completed and regardless of how those complaints
were filed_

are

or

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 eNS's reporter is able to review them ~n the same day they are fifed. Once the
reporter has finished reviewing those cases, h-mert).ber 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

Media Access to Courts Around the Nation
1162741 vI sar

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hard copies of any civil filings not available on ~ACER on a same-day basis, but the speed w:ith
which cases are posted to PACER generally makes this unnecessary.

At the Dallas COW1ty District Court in Dallas, Texas, Courthouse News' reporter is provided
with behind-the-counter
access to new petitions as soon as they are filed and before any
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 e- .
filed 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 ofthose 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 h~pp'Yto speak with court officials in other jurisdictions
about this system. Ms. Lyon can be reached at (2'14) 753-2186,
., ~
~
•

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 thenuses 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.

•

Finally, for complaints that are so new they have not yet been scanned. Courthouse
News' reporter views the paper versions of those new cases in their case folder and
makes copies of newsworthy complaints.
Detroit

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.rn., Courthouse News' reporteigoes behind the counter and first doublechecks the previous day's complaints, whlch are located in bundled folders behind the intake
drawer, for any missed or last-minute fi1ing~ frani' the day before. Then he turns to the intake
drawer, where he is pennitted 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
Media Access to Courts Around the Nation
#6Z741 ~l ..

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Page 4

Exhibit 6
Page 138

FER272

Case 2:11-cv-08083-R

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Document 7 Filed 09/29/11
#:2 7

Page 1 5 of 158 Page 10

copies of complaints using a copier located also behind the counter, as welJ as an alternate
copier on the other side of the cashier station near the death certificates/marriage
license area.
At the United States District Court for the Eastern 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 onJy after the complaints l.tilV~ b~en'~lly docketed. Courthouse News' reporter can
either visit the courthouse to view 'complaints of he can view the new filings electronically on
PACER, which is just as tim'b'ly as the hard copy press box.

FortWortb
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. If any 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 counters and review newly-filed petitions. In
2008, the clerk began requiring reporters to 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. Aft€fr repeated attempts by Courthouse News to
negotiate a solution with the clerk's.offlce failedrto lead to a resolution, Courthouse News
reluctantly filed suit under 42 U.S.C. § 1983: In Vuly 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 "lh(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 2010, 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 must be 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
still be viewed without charge. but printouts can be made only if they have not been certified.
Once they are certified - which usually occurs the day after filing - there is a fee to print out
copies ofthe petitions. Details about this program can be found on the Harris County District
Clerk's web site. at http;lfwww.hcdistrictclerk.comlEdocslPubliclsearch.aspx
(see button;
"Search Today's Filings").
"'J'

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Media Access to CoW1s Around !he NEuion
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Case 2: 11-cv-08083-R -MAN

Document 7

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#:2 8

At the United States District Court for the Southern District of Texas, where electronic filing is
required 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.

lndianapolis
At the Marion County Circuit and Superior Courts 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 publicvlewing
area from 4:00 p.m. to 4:30 p.m. Reporters can
then make copies themselves 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 nor 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 staffwi11 then make copies at It 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
compJaints at a computer tenninaI in the clerk's office, but this system resulted in complaints
not being available for viewing until the day after 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 cross1:he elec~onic 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 to Courts Around the Nation
/162747 vI saf

Page 6

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Case 2:11-cv-08083-R -MAN Document 7

Filed 09/29/11

Page 1 7 of 158 PagelD

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Los AngeJes
At the Downtown (Stanley Mosk Courthouse) branch of the Superior Court 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
reviewed by 7:00 p.m. About 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 copies of those complaints for which she wants to see
the full-text versions. The fun 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 fi1ed 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 OI:l a daily 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 table
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 the Western 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 fit 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 n~eds a copy of a complaint, he requests the
copy from court staff at a rate of 50 cents per page.
Manha,ttan
At the New York County Supreme CODrt, where certain case types art: 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
Media Access to Courts Around the Nation

Page 7

~62147 •• t
.I

Exhibit 6
Page 141

FER275

Case 2:11-cv-08083-R

-MAN Document 7 Filed 09/29/11
#:270

Page 1 8 of 158 Page 10

of the day they are filed. while new complaints filed in paper form are 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 n.~~ compJ.{unts arc then placed by court officials in a
secure area behind the counter where reporters ~e 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.m. and 9:45 a.m.,
between II :30 a.m, and ]2: 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
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.

a

At the United States District Court for the Southern District of Florida, electronic filing of new
civil complaints is mandatory, and Rew complaints that are filed before 5 p.m. appear on
PACER on the same day they are fired}. Cases-filed after 5 p.rn. appear on PACER the
following day,
.!"

~

Milwaukee
At the Milwaukee County Court in Wisconsin, reporters have access to new complaints on the
day they are filed, even iftbey have not yet been'fuJJy 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 nCW 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.
Minneapolis/St.

Paul

At both the Hennepin County District Court in Minneapolis and the Ramsey County District
Court in S1. Paul, where many of the .!:J.ew
complaints are filed by mail, Courthouse News'
reporter is permitted to go behind the':c0!'f1ter t'o~ro/jew stack of original complaints on the
the
same day they are filed and bef<;'IelHey.'fli-e dockefed, 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
N!l2747 vI oaf

PageS

Exhibit 6
Page 142

FER276

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:271

Page 1 9 of 158 Page 10

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 has established a copy account. In Ramsey
County, for cases the reporter reviews on the day of filing. the court staff will make copies of
any complaint the reporter requests. For cases she reviews after the day of filing, the reporter is
able to print a copy directly from the computer terminal.
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
will print out a copy for the reporter, The Clerk charges 10 cents per page for any copies that
reporters request.
' ..
:.
"'

::
f·

Nashville
At the Davidson County Chancery Court in Nashville, Courthouse News' reporter reviews an
intake log of the day's new filings on a public computer terminal at the courthouse. She then
compiles a fist of the relevant cases and presents the Jist 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 avail able through a government website on the same day they are filed.
At the United States District Court for the Middle District of Tennessee, the clerk's staff are
required to stay one hour after closing in order to scan all new filings and post them onto
PACER on the day they are filed.
Oak1and

Although the Alameda County Superior Court in Oakland, California, endeavors to make
newly-filed complaints available forviewing 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
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.

access

Oklahoma City
At the Oklahoma County Court, intake clerks place all of the day's new petitions into a central
basket by 3: 15 p.rn. Petitions placed in the basket have been date stamped, but have Dot been
fully docketed - only indexed. A member of the 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 the Nation
~6J141

Page 9

vi •• r

Exhibit 6
Page 143
.. :.

FER277

.

Case 2:11-cv-08083-R

-MAN

: r,

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'•• ~

Do·cument 7 .Flled 09/29/11

.

#:2i2

Page 150 of 158 Page ID

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 3: 15 p.rn, The reporter may request copies of
petitions at a rate of $1.00 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 clerk retrieves the complaints he requests before they have been
fully processed or scanned, Courthouse News' reporter can review the new complaints on the
day of filing in the public area of the clerk's office and is free to make copies on public
machines.
Orhindo

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
the reporter's 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-flled 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 behind the counter.
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.
Palm Beach
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 of folders.
..:

.:.
Pbotfnix
"

At the Maricopa County Superior Court in Phoenix. Arizona, court staff recently implemented
new procedures to ensure same-day access to civil complaints filed 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 ma:de 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 tho Nation

Page 10

1162747 vI sa!

Exhibit 6
Page 144

FER278

· Case 2:11-cv-08083-R

-MAN Document 7 Filed 09/29/11
#:273

Page 151 of 158 Page ID

"Pittsburgh
At the Al1egheny County Court of Common Pleas in Pittsburgh. Pennsylvania, where the Court
has implemented an internally operated electronic filing system, nearly all of the day's new
filings are available on-line on a same-day basis. Complaints Dot 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 using her own portable scanner.
At the 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 n01 yet processed and posted to PACER. She 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
make sure that no filings have been missed.

River~ide
At the Superior Court for the State of Cali fomi a, 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.

Sf. Louis
At the St. Louis City Circuit Court iii Missouri.~Qourthouse News' reporter goes to the intake
window where cases are filed and clerk's office st,aff 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 oftbe 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 [0

1162'47,1 ..

r

Coutts Around the Nation

Page I J

Exhibit 6
Page 145

FER279

Case 2:11-cv-08083-R

-MAN Document 7 Filed 09129/11
#:27

At the United States District Court for
must be electronically filed, each case
and is immediately made available on
processed. Courthouse News' reporter
terminal in the clerk's office and print

Page 152 of 158 Page 10

the Eastern District of Missouri, where new complaints
is assigned a case number upon filing by the attorney
PACER, even if it has not been fully reviewed and
is able to view the new complaints on a computer
out copies for a small fee.

.. Sian F~nciseo
,

At the Superior Court of California 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
driver'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 themselves and return them to the shelves.
A]] new filings will 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 public, 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·~ytime b~fore 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 newsworthy using a portable scanner.

San Jose
At the Santa Clara County Superior Court in San Jose, California. the Court recently
implemented new procedures to ens~f.e that reporters receive same-day access to the Vast
,

Media Access to Courts Around the Nation
1162141 .. 1 •• r

.

Page 12

Exhibit 6
Page 146

FER280

_ Case 2:11-cv-08083-R

-MAN

F'Ied 09/29/11
1

Documen t 7

Page 153 of 158

Page 10

#:275

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 of a case number. and the assignment of a first 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.m. 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 clerk's office
closing at 4:00 p.m. have been designated as a staff priority, and the court endeavors to make
them available for review on the same day they are filed. Courthouse News' reporter is
permitted to remain at the Court until 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.
At the San Jose Division of the United States District Court for the Northern District of
California, clerks print out a list 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 I 1 a.m. and again at 3 p.rn. The 1 I a.m, list
includes an cases that have been filed from 3 p.m~ on the previous day through l l a.m. on the
current day, while the 3 p.m. list includes new cases that have been filed from II 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.

Tampa
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 ana made <,!vailableon the court's public access terminals
for review. Those complaintsthat
are not scanned and availableon the public access terminals
by 4 p.m. are provided in paper fonn 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 Nation

Page 13

N61741 vi sa r

.....

Exhibit 6
Page 147

'J

FER281

Case 2:11-cv-08083-R -MAN Document 7 Filed 09/29/11
#:27

Page 15 of 158 Page ID

EXHIBIT 7

FER282

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:277

. Superio,.

Page 155 of 158 Page 10
.

Co",., 0/ Ca/;fornia

COUNTY OF VENTURA
Hall of Justice
800 South Victoria Avenue
Ventura, CA 93009

Michael D. Planet
Executive OfficerlC/erk
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
complaints at the Ventura Superior Court.

20, 2011 letter regarding

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 difficul~ 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 p'~ion~es and mandates.
Further, the Court must
ensure the integrity of all filings,- including new f[IJngs, andcannot make any filings available
until the requisite processing is completed.
We will continue to make every effort to make. new
filing$ available as early as is practicable given the demands on. limited court resources.

Sl~

Michael D. Planet
Executive Officer

MDP/vjb

Mailing Address:

P.O. Box 6489, Ventura, California 93006-6489

Exhibit 7
Page 148

FER283

Case 2:11-cv-08083-R

-MAN

Document 7 Filed 09/29/11
#:278

Page 15 of 158 Page ID

EXHIBIT 8

FER284

• Case 2:11-cv-08083-R

II
SAN FRANCISCO

-MAN· Document 7 ·iFiled 09/29/11
#:279

Ho1me Roberts & Owen ID
AUl:lmo/i at Law

August 2,20]

1

Michae1 Planet
Court Executive Officer
Ventura County Superior Court
800 South Victoria Ave.
Ventura, CA 93009
.,
Re:
Media Access to New Complaints

BOULDER

''':

COlOIWlO

Page 157 of 158 Page ID

c.

SPRINGS

Dear Mr. Planet:

DENVER

DUBLIN

LONOON

On behalf of Courthouse News Service, we write to briefly respond to your assertion, in
your July 11,.20] I 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 cornpl aints to a reporter (and even that de minimis effort can be
eliminated if a credentialed reporter is. simply allowed to go behind the counter to pick. up
the stack, 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 I.J\KE CiTY

For example, at the San Francisco Superior CoUT! and Santa Clara County Superior Court,
new filings are placed In a m~.dia box.available to news reporters for viewing whether or
not those complaints have bi~ ful1y do~feted. In the past, in San Francisco, reporters
gathered the complaints from the intake window and put them in the box, actually saving
some work fOJ 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 ill 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 civiJ complaints without undue
expenditures of staff time or expense,

Rachel Matteo·Boahm 415.268.1996 rachel.matteo·[e-mail]
560 Mission Slreet, 25th Floor San Francisco, California 94105-2994 rei 415.268.2000 fax 415.26B.1999
N6476~ vl .. C

Exhibit 8
Page 149

FER285

Case 2: 11-cv-08083-R -MAN

Holme Roberts

Document 7 Filed 09/29/11
#:280

Page 158 of 158 Page ID

& Owen ill

AUomeys at Law

Michael Planet
August 2, 20ll
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~~~i

.

Rachel Matteo-Boehm

cc:

The Honorable Vincent O'Neill, Jr., Presiding Judge
Courthouse News Service

116416~ ~1 ru

Exhibit 8
Page 150

FER286

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3
4

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6

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Page 1 of9 Page ID#:114

Rachel Matteo-Boehm (SBN 195492)
rachel,matteoMboehm@hro,com
David Greene (SBN ] 60107)
[e-mail]
Leila C. Knox (SBN 245999)
[e-mail]
HOLME ROBERTS & OWEN LLP
560 Mission Street, Suite 250
San Francisco, CA 94105-2994
Telephone:

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Attorneys for Plaintiff
COURTHOUSE lffiWS SERVICE

11
UNITED STATES DISTRICT COURT
CENTRAL D1STRICT OF CALIFORNIA

12
13
14

lS
16

r'

Courthouse News ServicQt
Plaintiff,

]8
19

DECLARATION OF JVLIANNA
KROLAK IN SUPJ'ORT OF MOTION

v.

17

OF COURTHOUSE

NEWS SERVICE
FOR PRELIMINARY INJUNCTION

Michael Planet, in his official capacity as
Court Executive Officer/Clerk of the
Ventura County Superior Court.

Date:
Nov. 7,201]
Time:
10:00 am
Courtroom:

20
Defendant,

21

2211----23
24

CV 11- 08 0 a 3~~,~ ~)
__

CASBNO.~ __~~

~

Judge:

1, Julianna Krolak, decla~e and state: as follows:

I.
I am a reporter for Courthouse News Service ("Courthouse News"), the
25
26 plaintiff in the above-captioned action. I have personal knowledge of the following
facts and could testify to them ifcalled as a witness.

27
28

DECLARA TfON OF JULIANNA

KROLAK

,1!II19t.YII.QF

FER287

Case 2:11-cv-08083-R -MAN Document 6

1

2.

Filed 09/29111

Page 2 of 9 Page 10 #:11

I hold Bachelor of Arts degrees in Spanish and Italian from the

2

University of California at Santa Barbara, both of which I received in 1981. I

3

received a Master of Arts degree in Hispanic Civilization from the University of

4

California at Santa Barbara in 1984. I have worked as a writer and reporter since

5

2001.

6

3.

I am the primary Courthouse News reporter assigned to provide daily

7

coverage of new civil unlimited Jurisdiction complaints filed at the Ventura County

8

Superior Court. I do not cover limited jurisdiction civil complaints, nor do I cover

9

other case types such as criminal or small claims cases. I have been covering the

10

Ventura County Superior Court for Courthouse News since 2001. I am responsible

11

for preparing the Central Coast Report, which is emailed to subscribers each Monday

12

through Friday evenings and contains coverage of newsworthy new civil unlimited

13 jurisdiction complaints filed in the Monterey County, San Benito County. Santa
14

Barbara County, Santa Cruz County, San Luis Obispo County and Ventura County

15

superior courts. I prepare this report by reviewing, or attempting to review, all of the

16

potentially newsworthy new civil unlimited complaints filed since my last visit, and

17

preparing original summaries of the complaints I believe would be of interest to our

18

subscribers for inclusion in the report. These summaries are sometimes, but not

19

always, accompanied by copies of the actual complaints.

20

4.

When I first began covering the Ventura County Superior Court in 2001,

21

I visited the clerk's office once each week. At that time, both new limited and

22

unlimited jurisdiction cases were numbered sequentially, so the clerk's office staff

23

would provide me with all cases falling within a specified number range. In other

24

words, I would request all complaints filed to date beginning with the first complaint

25

that was assigned a case number following the last case that I had reviewed during the

26

previous week's visit. It was my understanding that other ease types, for example,

27

divorce, small claims and probate, were assigned case numbers under a separate

28

numbering system, so the range of ease numbers that I requested each week only
2
DECLARATION
1168198 vi saf

OF JULlANNA

KROLAK
'

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FER288

ase 2:11-cv-08083-R

-MAN

Document 6
,j;

Filed 09/29/11

Page 3 of 9 Page 10 #:116

..

1

included limited and unlimited civil jurisdiction cases. Since these limited and

2

unlimited complaints were typically physically grouped together in sequential order,

3

rather than search for each complaint individually, the clerk's office staff simply

4

pulled all cases within a specific number range, put all of the limited and unlimited

5

complaints filed since my previous visit in a cart, and then provided the entire cart full

6

of cases to me for review. I would review all of the complaints, selecting and

7

reporting only on those unlimited jurisdiction complaints that were newsworthy,

8

before returning the cart of complaints to court staff. I also reviewed complaints that

9

were placed in the court's designated "media bin," which I understood to contain

10

filings that the clerk's office considered to be of likely press interest. Under these
r

,':.

..

11

procedures, I generally was able to review the large majority of the new civil

12

unlimited jurisdiction complaints that had been filed since the previous week's visit.

13

5.

Beginning in early 2008, media access at Ventura County Superior began

14

to deteriorate on a number of fronts. First, the clerk's office limited the number of

15

files I could review per visit to 200, even though the cases I was requesting were

16

sequentially numbered and grouped together and could be retrieved from a single

17

location. In many instances, I was not provided with many of the sequentially

18

numbered cases I had requested, which meant I bad to stand in a new line to request

19

the missing cases, I was also not permitted to review both the cases I had requested

20

and the media bin cases at the same time, which made it necessary to stand in another

21

line to obtain the media bin cases: Because the Jines can often be long, these

22

procedures made it significantly more difficult to conduct my news reporting

23

activities. It is my understanding that my editor and Courthouse News' Northern

24

California Bureau Chief, Christopher Marshall, attempted to work with various

25

officials in the clerk's office to resolve these access difficulties on my behalf.

26

However, those efforts did not result in any lasting improvements, and my difficulties

27

in reporting on new civil unlimited complaints continued.

28
3
DECLARATION

OF JULIANNA

KROLAK

#68198 v I s.f

FER289

ase 2:11-cv-08083-R

6.

1

-MAN

Document 6

Filed 09/29/11

Page 4 of 9 Page 10 #:11

Then, in March 2009, the court instituted a new rule that limited the

2

number of files that reporterswerepermitted to review each day to twenty-five.

3

Around this time, I learned that the court had begun using a new electronic docketing

4

system, which I now understand to be part of the California Case Management

5

System, often referred to as "CCMS." Therefore, instead of simply looking at all the

6

complaints filed since my prior visit, I determined that I would need to request to see

7

specific complaints in order to report on the most newsworthy new filings. Thus, I

8

began my news reporting by viewing online docket information, from which I did my

9

best to determine which twenty-five recently filed complaints would be most

10

newsworthy. I would then fill out a separate request form for each complaint I wished

11 to see, but was limited to requesting only five complaints at a time, which I submitted
12 to the clerk's staff after waiting in line in the Records Department. No matter how
13

many of the five requested complaints we~e available for review, I was required to

14 wait in 1ineagain, usually for thirty'mihute~, and som~times for an hour or more, to
15 request the next batch of five cases. In other words, even if none of the five requested
16

complaints were available, I was not permitted to submit another five requests while

17

still standing at the counter, but rather, was required to return to the end of the line and

18 request the next five complaints. Also, even if a case was not made available for
19 review - typically because either it had not yet been processed, or it had been sent to
20

the assigned judge's chambers - it still counted toward the twenty-five-file limit.

21

Since there were often more than fifty potentially newsworthy civil unlimited cases

22

filed in any given week, I could no longer monitor all of the newsworthy new

23

complaints by simply visiting the clerk's office once a week. Additionally, many of

24

the complaints I requested were not available for review for days or even weeks after

25

they were filed.

26
27
28
4
DECLARATION
#68198 vl

OF JULIANNA

KROLAK

,or

FER290

ase2:11-cv-06063-R

1

7.

-MAN Document6

Filed 09/29/11

Page

of9

PageID#:116

Following the implementation of these new access procedures, I

2

informed Mr. Marshall of the difficulties and delays that resulted from these

3

procedures. Mr. Marshall told me that he would discuss the issue with Courthouse

4

News' Editor Bill Girdner, as well as Courthouse News' counsel. About a month

5

later, Courthouse News, through its, counse~, sent a letter to Court Executive Officer

6

Michael Planet regarding the problems related to access.

7

8.

In June 2009, Mr. Marshall informed me that, following discussions with

8

court officials regarding the delays, the court had implemented a new procedure that it

9

believed would provide me and other members of the media with more timely access

IOta

newly filed civil unlimited jurisdiction complaints. My understanding of these

11

procedures was that the court would place all newly filed civil unlimited jurisdiction

12

complaints directly into the media bin, and I would be permitted to access all

13

complaints located in that bin, as well as up to twenty-five additional complaints, per

14

visit, from the shelves.

15

9.

Around this same time, I began visiting the clerk's office twice each

16

week. The new procedures, together with my twice-a-week visits, initially worked

17

reasonably well to provide mewith.access to most civil unlimited jurisdiction

18

complaints that had been filed since my previous visit to the court. However, within

19

months after the new procedures were put in place, this access deteriorated. It

20

appeared to me that newly filed complaints were being fully processed before they

21

were placed in the bin, and in many instances, were completely bypassing the bin and

22

being placed on the shelves, also after they had been fully processed. I therefore had

23

to request the complaints directly from the shelves, which counted against the twenty-

24

five-file-per-day limit that I was permitted. Some of the files that I requested directly

25

from the shelves were not available for review either. because, as I was told by court

26

staffers, they had not yet been processed, Therefore, on each visit, I had a backlog of

27

complaints that I was waiting to see. Additionally. even if a requested complaint was

28

not available for review, it counted against the twenty-five-file quota. As before, I

r

DECLARAnON OF mLiANNA KROLAK
1i{i819Bvl

sar

FER291

ase 2:11-cv-08083-R

-MAN

Document 6

"Filed 09129111 Page 6 of 9 Page ID #:119

I

was only permitted to request five complaints at a time, and had to stand in a new and

2

lengthy line for each group of five complaints that I wished to review. The

3

unavailability of complaints in the media bin or from the shelves again led to delays in

4

access, ranging for the most part from one to three calendar days, but sometimes

5

significantly longer.

6

10.

In November 2010, at the instruction of Mr, Marshall, I began visiting

7

the clerk's office on a daily basis. Since that time, the procedures I use to obtain

8

access to new complaints have r:;¥lained essentially the same, and the delays have

9

significantly worsened, Based art what I have observed, it appears that, on average,

10

about fifteen new unlimited complaints are filed each day. However, of those,

11

approximately two-thirds, or around ten complaints, appear to be potentially

12

newsworthy based on the online docket information. Many complaints are never

13

placed in the media bin, so I continue to request individual complaints directly from

14

the shelves, which are placed on the shelves only after they have been fully processed.

15

I continue to use the online docketing system to identify potentially newsworthy

16

complaints so that I can request to see them. Information about new complaints is

17

normally delayed by at least one court day, but some complaints are not entered into

18

the online docketing system for up to a month, so I must continually check the docket

19

as far back as thirty calendar days to make sure that I am not missing any complaints

20

that were not entered into the docketing system at the time they were filed. Even one

21

court day after filing, the vast majority-of complaints are not available for review.

22

And when these delays occur around a weekend and/or a holiday, a delay of even one

23

court day means actual delays of three or even four days.

24

11.

Since November 2010, as I have done before, I have kept Mr. Marshall

25

apprised of the delay problems at the court. He instructed that I shouldnot attempt to

26

resolve the delays with court staff, but rather should focus on my reporting activities,

27

and that Courthouse News' editors and its counsel would attempt to work with

28

officials from the clerk's office to resolve the delays. As such, I understand that from
6
DECLARATION

OF JULIANNA

KROLAK

#68198 vi saf

FER292

ase 2:11-cv-08083-R

-MAN Document 6

Filed 09/29/11

Page

of 9 Page ID #:120

1

February 2011 until the present time, both Mr. Marshall and Courthouse News'

2

counsel have made several attempts-to . reso.!vethe access delays. Mr. Marshall

3

informed me that he wrote to Deputy Executive Officer Cheryl Kanatzar in February

4

2011, and spoke with Ms. Kanatzar following this correspondence regarding potential

5

solutions to the access delays. In March 2011,:Mr. Marshall told me that Ms.

6

Kanatzar informed him that the clerk's office would reprioritize how cases are

7

processed, and that I should begin seeing complaints within two days of filing. Over

8

the next few months, I monitored the availability of new unlimited jurisdiction civil

9

complaints to determine whether the court's new procedures would have any effect in

10

tenus of delays in access. Rather than seeing any improvement in access, the delays

11

got worse, with same-day access a rare occurrence, and typical delays between one

12

day and several weeks after filing.

13

12.

Per Mr. Marshall's instruction, I have continued tracking delays in

14

access. I have monitored the delaYii"m·accdssrelated to complaints that are made

15

available in the media bin, as well as delays to those complaints that I request directly

16

from the shelves, over a four-week period from August 8 to September 2, 2011. For

17

each complaint that I reviewed during this time period, I noted the case number

18

assigned to the complaint, the date the complaint was filed and the date the complaint

19

was made available for my review, and then calculated the delays in access for all

20

cases reviewed, as well as those that I reported in the Central Coast Report. For at

21

least two ofthe complaints that I reviewed, I noticed that the file-stamped date on the

22

physical complaint was different than the "filed date" on the court's online docket; in

23

these instances, the file-stamped date was at least one court day earlier than the online

24

"filed date." The reason for this discrepancy is unclear. Therefore, I used the online

25

"filed date" - i.e., the later date ~'In calculating the delays during this four-week time
,.
...
period.

26
27
28

7
DECLARA TJON OF JULIANNA

KROLAK

N68J9B vl saf

FER293

Case 2:11-cv-08083-R

1

13.

-MAN

Document 6

Filed 09/29/11

Page 8 of9

Page 10 #:121

Of the 152 new unlimited civil complaints that I reviewed during this

2

four-week period, only 6%, or nine complaints,

3

The delays were as follows:

were available on a same-day basis.

4
5
6

7
8

9
10
11
12
13

14
15
16

,

COMPLAINTS REVIEWED
Delays Reported in Calendar 1)ay~
Case availability
Nom ber of cases
Same-day
9
",

Next-day
2-6 days
7-14 days
15-34 days

21

94
23
5

COMPLAINTS REVIEWED
Delays Re~orted in Court Days
Case availability
Number of cases
Same-day
Next-day
2-6 days
7-14 days
15-24 days

3
.. J;

6%
14%
62%
15%
3%

Percentage
6%
18%
66%
8%
2%

9
28
100
12

17

Percentage

~.
~

,

.

.

.'

18
19

20
21

22
23
24
25
26
27

28
'.
,

'

8
DECLARATION
1168198

OF JULlANNA

KROLAK

vi saf

FER294

«

1
2
3
4
5
6
7
8

9
10
11

12
13
14
15
16

ase 2:11-cv-08083-R

-MAN

Filed 09/29111

Document 6

COMPLA~TSREPORTED
Delays Reported in Calendar
Case availability
Same-day
Next-day
2-6 days
7-14 days
15-34 days

Days
Number of cases
4
14
60
17
5

COMFLAINTSREPORTED
Delays Reported in Court Days
Case availability
Number of cases
Same-day
4
Next-day
18
2-6 days
66
7-14 days
9
15-24 day_s
3

Page 90f9

Page ID #:122

Perceatage
4%

14%
60%
17%
5%

Percentage
4%
18%
66%
9%
3%

I declare under penalty of perjury under the laws of the United States that the

IJ~

foregoing is true and correct. Executed at

, California on this

df.i!aay of September 201 I.

17
18
19

~~

Julianna Krolak

20
21
22
23
24
25

.

26
27
28
9
DECLARAnON OF JULIANNA KROLAK
~6gl98 vi saf

FER295

CERTIFICATE OF SERVICE
On September 12, 2012, I caused a copy to be served of the within
document:
APPELLANT COURTHOUSE NEWS SERVICE'S

FURTHER EXCERPTS OF RECORD
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.
[e-mail]
Erica L. Reilley, Esq.
[e-mail]
Nathaniel P. Garrett
[e-mail]
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 1ih day of September, 2012, at San Francisco,
California.