Courthouse News Service v. Michael Planet

Filing 16

SUPPLEMENT to EX PARTE APPLICATION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction from November 7, 2011 to January 17, 2012 #12 Declaration of Erica L. Reilley filed by Defendant Michael Planet. (Attachments: #1 Exhibit)(Naeve, Robert)

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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 THE VENTURA
COUNTY SUPERIOR COURT

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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COURTHOUSE NEWS SERVICE,
Plaintiff,

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

Case No. CV11-08083 R (MANx)
Assigned for all purposes to
Hon. Manuel L. Real
SUPPLEMENTAL
DECLARATION OF ERICA L.
REILLEY IN SUPPORT OF EX
PARTE APPLICATION FILED
OCTOBER 10, 2011, TO
CONTINUE HEARING ON
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION

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Reilley Supp. Decl., I/S/O Ex Parte
Application, filed October 10, 2011
Case No. CV 11-08083 R (MANx)

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DECLARATION OF ERICA L. REILLEY
I, Erica L. Reilley, declare as follows:
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I am an attorney at law, duly admitted to practice before all Courts of

the State of California and before this Court, and am a partner with the law firm of
Jones Day, attorneys of record for Defendant Michael Planet, in his official
capacity as Court Executive Officer/Clerk of the Ventura County Superior Court. I
make this supplemental declaration in support of the Defendant’s Ex Parte
Application to Continue Hearing on Plaintiff’s Motion for Preliminary Injunction,
filed October 10, 2011. As one of the attorneys responsible for the defense of this
action, I have personal knowledge of the facts stated in this Declaration and if
called as a witness I could and would testify competently to them.
2.

On October 10, 2011, at 10:53 a.m., I emailed counsel for Plaintiff

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Courthouse News Service (Rachel Matteo-Boehm and David Greene of the Holme

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Roberts & Owen LLP) and gave them written notice of Defendant’s intent to file an

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ex parte application seeking a continuance of Plaintiff’s Motion for Preliminary

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Injunction. Defendant’s Application was filed later that afternoon.

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3.

As we were preparing the ex parte papers for filing, Mr. Greene e-

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mailed me back requesting more detail on why Defendant’s motion to dismiss

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should be heard before the preliminary injunction.

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4.

Shortly after Defendant’s Application was filed, I responded to

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Mr. Greene’s request. A copy of my emailed response is attached hereto as

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Exhibit A. As I stated therein, Defendant has serious questions concerning the

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propriety of the federal court’s jurisdiction over Plaintiff’s claims and the viability

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of certain of Plaintiff’s claims individually. Under those circumstances, I noted that

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it made sense to have those threshold issues decided before dealing with the

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underlying merits of Plaintiff’s claimed constitutional right to same-day access to

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Reilley Supp. Decl., I/S/O Ex Parte
Application, filed October 10, 2011
Case No. CV 11-08083 R (MANx)

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all newly filed complaints. I further noted that Defendant appreciates Plaintiff’s

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willingness to provide a brief extension of time on the hearing on Plaintiff’s Motion

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for Preliminary Injunction (and would consider it if this ex parte Application is

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denied), but that the offered extension would not address the primary purpose

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behind Defendant’s request for relief, which is to conserve the already stretched

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resources of the Superior Court of California, County of Ventura.

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I declare under penalty of perjury under the laws of the United States and the
State of California that the foregoing is true and correct.
Executed on October 11, 2011, at Los Angeles, California.
/s/ Erica L. Reilley
Erica L. Reilley

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LAI-3150877

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Reilley Supp. Decl., I/S/O Ex Parte
Application, filed October 10, 2011
Case No. CV 11-08083 R (MANx)