Courthouse News Service v. Michael Planet

Filing 199

JUDGMENT FOR DECLARATORY RELIEF AND PERMANENT INJUNCTION IN FAVOR OF PLAINTIFFCOURTHOUSE NEWS SERVICE AND AGAINST DEFENDANT MICHAEL PLANET AND AWARD COSTS AND ATTORNEY FEES (SEE DOCUMENT FOR OTHER SPECIFICS) by Judge S. James Otero. (MD JS-6, Case Terminated). (lc)

BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994

1 Rachel Matteo-Boehm (SBN 195492)
2 [e-mail]
Roger Myers (SBN 1461640)
3 [e-mail]
4 Jonathan G. Fetterly (SBN 228612)
[e-mail]
5 Leila C. Knox (SBN 245999)
6 [e-mail]
BRYAN CAVE LLP
7 560 Mission Street, Suite 2500
8 San Francisco, CA 94105-2994
Telephone: [phone]
9 Facsimile: [phone]
10
Attorneys for Plaintiff
11 COURTHOUSE NEWS SERVICE

JS-6

June 14, 2016
VC
P

June 14, 2016
VC
P

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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15 Courthouse News Service,
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Plaintiff,

17 vs.
18 Michael Planet, in his official capacity
19 as Court Executive Officer/Clerk of the
Ventura County Superior Court,
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Defendant.
21

Case No. CV11-08083 SJO (FFMx)
JUDGMENT FOR
DECLARATORY RELIEF AND
PERMANENT INJUNCTION
IN FAVOR OF PLAINTIFF
COURTHOUSE NEWS SERVICE
AND AGAINST DEFENDANT
MICHAEL PLANET

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This action came before the Court on the Amended Complaint of Plaintiff

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25 Courthouse News Service (“CNS”) for Injunctive and Declaratory Relief under 42
26 U.S.C. § 1983 and the First and Fourteenth Amendments to the U.S. Constitution
27 against Defendant Michael Planet, in his official capacity as Court Executive Officer
28 and Clerk of the Superior Court in and for the County of Ventura, California.
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[PROPOSED] JUDGMENT IN FAVOR OF PLAINTIFF CNS
280189.1

Case No. CV11-08083 SJO (FFMx)

1

The Court having entered an Order on May 26, 2016, Granting in Part and

2 Denying in Part CNS’s Motion for Summary Judgment, and Denying Defendant’s
3 Motion for Summary Judgment, it is hereby ORDERED, ADJUDGED and
4 DECREED that, pursuant to Federal Rule of Civil Procedure 58, Judgment be
5 entered in this action for Plaintiff CNS and against Defendant Planet as follows:
1.
On CNS’s Prayer for Declaratory Relief, it is ORDERED,
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ADJUDGED and DECREED that:
a.

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BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994

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There is a qualified First Amendment right of timely access to

newly filed civil complaints, including their associated exhibits.
b.

This qualified right of timely access attaches when new

complaints are received by a court, rather than after they are “processed” -- i.e.,
rather than after the performance of administrative tasks that follow the court’s
receipt of a new complaint.

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c.

This qualified right of timely access attaches on receipt

14 regardless of whether courts use paper filing or e-filing systems.
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d.
Planet’s policy prior to June 18, 2014 of requiring that newly
16 filed complaints and their associated exhibits be “processed” prior to providing the
17 press and public with access to those complaints violates CNS’s qualified First
18 Amendment right of timely access to newly filed complaints and their associated
19 exhibits because, for the reasons stated in this Court’s May 26 Order, Planet has not
20 met his burden of proving that this policy is essential to preserve higher values and
21 narrowly tailored to serve that interest, as required to overcome CNS’s qualified
22 First Amendment right of access, or that this policy constitutes a reasonable time,
23 place and manner restriction.
e.
Planet’s June 18, 2014 scanning policy also violates CNS’s
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25 qualified First Amendment right of timely access to newly filed complaints and their
associated exhibits because, for the reasons stated in this Court’s May 26 Order,
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Planet has not met his burden of proving that this policy is essential to preserve
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2
[PROPOSED] JUDGMENT IN FAVOR OF PLAINTIFF CNS
280189.1

Case No. CV11-08083 SJO (FFMx)

1 higher values and narrowly tailored to serve that interest, or that this policy
2 constitutes a reasonable time, place and manner restriction.
2.

3

On CNS’s Prayer for Injunctive Relief, it is ORDERED, ADJUDGED

BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994

4 and DECREED that Planet is hereby permanently enjoined from refusing to make
5 newly filed unlimited civil complaints and their associated exhibits available to the
6 public and press until after such complaints and associated exhibits are “processed,”
regardless of whether such complaints are filed in paper form or e-filed, and is
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further directed to make such complaints and exhibits accessible to the public and
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press in a timely manner from the moment they are received by the court, regardless
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of whether such complaints are scanned, e-filed, or made available in any other
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format, except in those instances where the filing party has properly moved to place
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the complaint under seal.
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3.
On CNS’s Prayer for Costs and Attorneys’ Fees, it is ORDERED,
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ADJUDGED and DECREED that CNS is the prevailing party in this action.
14 Pursuant to Federal Rule of Civil Procedure 54(d), CNS is awarded its costs in an
15 amount to be determined pursuant to the procedures specified in Local Rules 54-1 et
16 seq. Pursuant to 42 U.S.C. § 1988, CNS is further awarded its costs and attorneys’
17 fees in an amount to be determined on noticed motion pursuant to Federal Rule of
18 Civil Procedure 54(d)(2) and Local Rules 54-10 and 54-11, which shall be filed
19 within 60 days of the date of entry of this judgment.
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Dated:

6/14/16

_____________________________
S. James Otero
Judge of the U.S. District Court
Central District of California

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[PROPOSED] JUDGMENT IN FAVOR OF PLAINTIFF CNS
280189.1

Case No. CV11-08083 SJO (FFMx)