Courthouse News Service v. Michael Planet

Filing 19

Joint STIPULATION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction from November 7, 2011 to November 21, 2011 Re: MOTION for Preliminary Injunction #3 filed by Defendant Michael Planet. (Attachments: #1 Proposed Order CONTINUING HEARING ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION FROM NOVEMBER 7, 2011 TO NOVEMBER 21, 2011)(Reilley, Erica)

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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
JOINT STIPULATION TO
CONTINUE HEARING ON
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
FROM NOVEMBER 7, 2011 TO
NOVEMBER 21, 2011
DECLARATION OF ERICA L.
REILLEY IN SUPPORT
THEREOF

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Joint Stipulation to Continue Hearing on
Plaintiff’s Motion for Preliminary Injunction
Case No. CV 11-08083 R (MANx)

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STIPULATION
WHEREAS Plaintiff Courthouse News Service filed on September 29, 2011,

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a Complaint for Injunctive and Declaratory Relief simultaneous with a Motion for

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Preliminary Injunction set for hearing on November 7, 2011;

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WHEREAS Defendant Michael D. Planet’s opposition to Plaintiff’s Motion

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for Preliminary Injunction currently is due on October 17, 2011, before his

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responsive pleading to the Complaint is due;

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WHEREAS Defendant desires additional time to consider and respond to the
serious and important issues raised by Plaintiff’s Motion for Preliminary Injunction;
WHEREAS, while Plaintiff is prepared to and prefers that the hearing be

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held as scheduled on November 7, 2011, Plaintiff is willing, solely as a courtesy to

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Defendant, and as set forth in Plaintiff’s Opposition to Defendant’s Ex Parte

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Application for a Continuance, to stipulate to a brief extension of the hearing date;

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WHEREAS, Defendant agrees that Plaintiff’s willingness to enter into this

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stipulation will not be used as a basis for arguing that Plaintiff will not suffer

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irreparable harm in the absence of preliminary relief;

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WHEREAS the deadlines for these filings have not been the subject of any
prior continuances.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED
by and between the parties hereto, through their respective attorneys of record, that
the hearing on Plaintiff’s Motion for Preliminary Injunction shall be continued from
November 7, 2011, to November 21, 2011, and the following schedule will govern
briefing on Plaintiff’s Motion for Preliminary Injunction:

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Joint Stipulation to Continue Hearing on
Plaintiff’s Motion for Preliminary Injunction
Case No. CV 11-08083 R (MANx)

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Event

Due Date

Defendant’s Opposition to Plaintiff’s Motion
for Preliminary Injunction

October 31, 2011

Plaintiff’s Reply on Motion for Preliminary
Injunction

November 7, 2011

Hearing on Plaintiff’s Motion for Preliminary
Injunction

November 21, 2011

Dated: October 14, 2011

Respectfully submitted,
JONES DAY

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By: /s/ Erica L. Reilley
Erica L. Reilley

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

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Dated: October 14, 2011

HOLME ROBERTS & OWEN LLP

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By: /s/ Rachel Matteo-Boehm
Rachel Matteo-Boehm

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Attorneys for Plaintiff
COURTHOUSE NEWS SERVICE

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Joint Stipulation to Continue Hearing on
Plaintiff’s Motion for Preliminary Injunction
Case No. CV 11-08083 R (MANx)

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DECLARATION OF ERICA L. REILLEY

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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

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the State of California and before this Court, and am a partner with the law firm of

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Jones Day, attorneys of record for Defendant Michael Planet, in his official

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capacity as Court Executive Officer/Clerk of the Ventura County Superior Court. I

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make this declaration in support of the this Joint Stipulation to Continue Hearing on

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Plaintiff’s Motion for Preliminary Injunction From November 7, 2011, to

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November 21, 2011.

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2.

A week ago today, I contacted Plaintiff’s counsel to see if Plaintiff

would stipulate to continue its Motion for Preliminary Injunction to a date that
would permit Defendant’s anticipated motion to dismiss to be heard first.
3.

On Monday, October 10, 2011, counsel for the parties communicated

by phone and email. I explained that Defendant has serious questions concerning
the propriety of the federal court’s jurisdiction over Plaintiff’s claims and the
viability of certain of Plaintiff’s claims individually. I further explained that, under
those circumstances, it made sense to have those threshold issues decided before
dealing with the underlying merits of Plaintiff’s claims.
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Plaintiff would not stipulate to those terms, but did offer a two-week

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extension of the hearing and briefing on the Motion for Preliminary Injunction. I

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explained that the offered extension would not address the primary purpose behind

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

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

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5.

Defendant sought ex parte relief on the matter through an Application

filed on Monday, October 10, 2011.

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Joint Stipulation to Continue Hearing on
Plaintiff’s Motion for Preliminary Injunction
Case No. CV 11-08083 R (MANx)

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6.

In its papers opposing Defendant’s ex parte Application, Plaintiff

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explained that it had offered to Defendant a two-week extension of the hearing and

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the briefing on the Motion for Preliminary Injunction, and that Plaintiff had

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declined that offer. The schedule stipulated to here is the same as Plaintiff’s original

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proposal.

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denied his request for ex parte relief.
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Shortly thereafter, I contacted David Greene, counsel for Plaintiff, and

asked if Plaintiff was still willing to stipulate to the schedule it proposed. Mr.
Greene advised that Plaintiff was still willing to continue the hearing date on the
Motion for Preliminary Injunction by two weeks as previously indicated, and
requested that this stipulation be drafted.
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 14, 2011, at Los Angeles, California.

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/s/ Erica L. Reilley
Erica L. Reilley

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Yesterday afternoon, Defendant received notice that the Court had

LAI-3151241v1

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Joint Stipulation to Continue Hearing on
Plaintiff’s Motion for Preliminary Injunction
Case No. CV 11-08083 R (MANx)