Courthouse News Service v. Michael Planet

Filing 56

STIPULATION to Amend Complaint - (Discovery), #1 filed by plaintiff Courthouse News Service. (Attachments: #1 Exhibit A (Amended Complaint), #2 Proposed Order)(Matteo-Boehm, Rachel)

1 Rachel E. Matteo-Boehm (SBN 195492)
[e-mail]
2 Leila C. Knox (SBN 245999)
[e-mail]
3 BRYAN CAVE LLP
560 Mission Street, 25th Floor
4 San Francisco, CA 94105-2994
Telephone: [phone]
5 Facsimile: [phone]

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

6 Jonathan G. Fetterly (SBN 228612)
[e-mail]
7 BRYAN CAVE LLP
120 Broadway, Suite 300
8 Santa Monica, CA 90401-2386
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Plaintiff
Courthouse News Service
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IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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15 Courthouse News Service,

Case No. CV11-08083 R (MANx)

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STIPULATION FOR PLAINTIFF
COURTHOUSE NEWS SERVICE
TO FILE AN AMENDED
COMPLAINT

Plaintiff,

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vs.

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

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199768.1

STIPULATION TO FILE AMENDED COMPLAINT

CASE NO. CV11-08083 R (MANx)

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STIPULATION

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WHEREAS Plaintiff Courthouse News Service (“Courthouse News”) filed on

3 September 29, 2011, a Complaint for Injunctive and Declaratory Relief that
4 included three counts: (1) violation of U.S. Const. Amend. I and 42 U.S.C. § 1983;
5 (2) violation of federal common law and 42 U.S.C. § 1983; and (3) violation of
6 California Rule of Court 2.550; and
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WHEREAS in his October 20, 2011 motion to dismiss, Defendant Michael

8 Planet, in his official capacity as court executive officer/clerk of the Ventura County
9 Superior Court, invoked his Eleventh Amendment immunity to the third count for

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

10 violation of California Rule of Court 2.550; and
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WHEREAS, responding to Defendant’s invocation of his Eleventh

12 Amendment immunity in its October 31, 2011 Opposition to Defendant’s motion to
13 dismiss, Courthouse News consented to the dismissal of its third cause of action for
14 Violation of California Rule of Court 2.550; and
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WHEREAS, in a ruling from the bench on November 28, 2011 and by written

16 order dated November 30, 2011, this Court abstained and dismissed the Complaint
17 in its entirety; and
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WHEREAS, in its answering brief in Courthouse News’ appeal of the order

19 of dismissal in the Ninth Circuit, Defendant asserted that 42 U.S.C. § 1983 does not
20 incorporate federal common law into it scope, citing Hoopa Valley Tribe v. Nevins,
21 881 F.2d 657 (9th Cir. 1989); and
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WHEREAS, now that proceedings in this Court have resumed, in the interest

23 of judicial and party efficiency, Courthouse News wishes to file the proposed
24 Amended Complaint attached hereto as Exhibit A, which differs from the original
25 Complaint only in that it eliminates the second and third counts, with appropriate
26 accompanying amendments to eliminate references to those counts in the prayer for
27 relief and paragraphs 1, 3 and 6 of the original Complaint; and
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199768.1

WHEREAS, Defendant is agreeable to stipulating to the filing of the
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STIPULATION TO FILE AMENDED COMPLAINT

CASE NO. CV11-08083 R (MANx)

1 Amended Complaint, provided that he be given twenty-one days from the date the
2 Amended Complaint is filed to file his answer or responsive pleading;
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NOW, THEREFORE, Pursuant to Rule 15(a) of the Federal Rules of Civil

4 Procedure and Local Civil Rules 7-1 and 15-1-4, the parties to the above referenced
5 action stipulate that Plaintiff Courthouse News Service may file the proposed
6 amended complaint attached hereto as Exhibit A, and further stipulate that
7 Defendant’s answer or responsive pleading shall be due on or before twenty-one
8 days from the filing of the Amended Complaint.
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STIPULATED AND AGREED TO:

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

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11 Dated: May 28, 2014

By:

/s/ Rachel E. Matteo-Boehm___
Rachel E. Matteo-Boehm
Attorneys for Plaintiff
Courthouse News Service

By:

/s/ Robert A. Naeve___
Robert A. Naeve
Attorneys for Defendant
Michael Planet, in his official capacity
as Court Executive Officer/Clerk of
Court of the Ventura County Superior
Court

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Dated: May 28, 2014

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ATTESTATION

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Pursuant to L.R. 5-4.3.4, I hereby attest that all other signatories listed, and on

22 whose behalf this filing is submitted, concur in the filing’s content and have
23 authorized the filing.
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Dated: May 28, 2014

By:

/s/ Rachel E. Matteo-Boehm___
Rachel E. Matteo-Boehm

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199768.1

STIPULATION TO FILE AMENDED COMPLAINT

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CASE NO. CV11-08083 R (MANx)