Courthouse News Service v. Michael Planet

Filing 81

OBJECTION in opposition re: MOTION to Dismiss Amended Complaint #61 to Defendant's [Proposed] Memorandum and Order Granting Defendant's Motion to Dismiss #80 filed by Plaintiff Courthouse News Service. (Attachments: #1 Exhibit 1)(Matteo-Boehm, Rachel)

Exhibit 1

1

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

1

2
3
4

UNITED

HONORABLE
MANUEL L. REAL
STATES DISTRICT
JUDGE PRESIDING

5
6

COURTHOUSE

NEWS

SERVICE,

)

7

PLAINTIFF,
8

CERTIFIED

COPY

)
)

)

VS.
9

CV 11- 8083 R

)

MICHAEL

PLANET,

10

)
)

DEFENDANT.
11

)

)

)

12
13
14
15
16

REPORTER'S
TRANSCRIPT
OF PROCEEDINGS
MONDAY, AUGUST 18, 2014
A.M. SESSION
LOS ANGELES,
CALIFORNIA

17
18
19
'20
21
22
23
24
25

SHERI S. KLEEGER,
CSR 10340
FEDERAL OFFICIAL
COURT REPORTER
312 NORTH SPRING STREET, ROOM 402
LOS ANGELES,
CALIFORNIA
90012
PH:
[phone]

2

1
2

APPEARANCES

3

ON

BEHALF
OF
RACHEL

OF

COUNSEL:

PLAINTIFF:
MATTEO-BOEHM,

4
5

6
7
8
9

10
11
12

13
14

15
16
17
18
19
20
21

22
23
24

25

ON

BEHALF
OF DEFENDANT:
JOHN
FETTERLY,

ESQUIRE

ATTORNEY

AT

LAW

3

1

LOS ANGELES,

CALIFORNIA;

2

MONDAY,

A.M.

AUGUST

18, 2014

SESSION

3
4

THE CLERK:

5
6

CV-11-8083-R:

7

Calling

Please

8

News

No.4,

Planet.

9

Courthouse

item

step

Service

forward

MS. MATTEO-BOEHM:

11

Rachel
for plaintiff

Courthouse
MR.

14

Jonathan

News

FETTERLY:

morning,

Bryan

Your

Cave,

Honor.

appearing

Service.

Good

Fetterly,

morning,
also

MS. MATTEO-BOEHM:

17

Girdner,

18

News

the president,

Service

here

Your

appearing

Honor.
for

owner

MR. NAEVE:

20

Robert

21

MS.

22

Erica

23

THE COURT:
the

documents

And
and

we also
editor

have

Bill

of Courthouse

today.

19

25

your

plaintiff.

16

24

Good

Matteo-Boehm,

13

15

and make

Michael

appearances.

10

12

versus

Good

Naeve

on behalf

REILLEY:

Good

Reilley

which

have

MR. NAEVE:

morning,

of the

morning,

on behalf
Counsel
been

No,

Your

have

defendant.

Your

Honor.

of the defendant.
anything

filed?

Your

Honor.

Honor.

to add to

4

1

MATTEO-BOEHM:

MS.

2

few brief

3

this

points

pertaining

I think

5

defendant's

6

of the moving

it's

argument

reply

I have

papers

just

filed

a
in

important

has

changed

In the moving

8

defendant's

contention

9

access

not

after

does
the

has

an argument

13

access

14

complaint

15

weeks

the

the

that

since

to newly

focus

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the

filing

taken

on

Amendment

right

of

until

action.
shifted

was

complaints

filed

argument

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12

a bit

papers

that

apply

Court

11

to note

papers.

7

of there

to a newly

is no First

filed

has been

in the
Amendment

complaint

processed,

reply

until

even

papers

right

after

if that

to

of

that

is days

or

later.

16

In support

17

points,

18

which

19

reason

20

judicial

21

items

22

materials

23

rule

24

which

25

to the

Honor,

case.

4

10

Your

among
is not
that

other
cited

we

relevant

and

make
that

a paper

things,

our

asking
to Rule
clear,

has

argument

to Rule

in the moving

filed

notice

of this

Court

of Court
first

off,

no application

filing

Secondly,

of Court

papers.

supplemental

the

defendant
2.550,

It is for that

request

to take
2.550,
that

for

notice

of two

as those
rule

is e-filing

to a Ventura

Superior,

court.
Rule

of Court

2.550(b)

(7) itself

5

1

says

that

the

2

and review

activity

by the

clerk's

So just

3

4

defendant's

June

5

procedures

6

time,

7

80 percent

of new

8

which

goes

9

to it same-day

are

News

11

ruling

12

supplemental

13

request

14

for judicial

15

request

request

17

We were
reply

papers

19

opposed

20

~hen

and

reply
in our

under
while

be changed

seeing

those

at any

approximately

on a same-day
a clerk

puts

basis,
his mind

doable.

to sum up,

we just

do ask

notice,

our

notice,

and

in support
objection

for a

our

of our

request

to defendant's

notice.

NAEVE:

MR.

could

for judicial

judicial

16

18

that

in our

notice

and

for judicial

request

processing

that

for access,

is entirely

that,

to strike

for

I note

complaints

to show
access

on our

briefly,

is currently

civil

before

office.

not perfect

With

10

very

comes

18th procedures

Courthouse

just

of filing

Very

very

careful

22

to its

filing.

With
notice,

to the

Your

Honor.

in our moving

respect

receipt

and our

motion.

21

to refer

briefly,

That's

the point

to the

request

we don't

object

to submission

What

23

we did

object

24

argument

in the

25

what

statutes

the

of a complaint

original
are.

But

entire

for judicial
of any

to, Your

request.

of this

as

them.

Honor,
the

was

statutes

the
are

6

1

THE COURT:

2

Services

filed

3

his official

4

Superior

Court,

5

to civil

All right.

capacity

part

8

remainder

under

and remanded

11

allow

12

Amendment

state

courts

claims

13

15
takes

17

and determines

18

complaint

all well-pleaded

19

relief

20

and the

Circuit

Courts

on whether

the state's

reversed

should

not

First

constitution.

to dismiss

to dismiss,

the complaint

the trial

court

in the complaint

to be true

based

upon

the

a complaint

those

-- a claim

facts

upon which

may be granted.
Federal

Rule

of Civil

Procedure

12 (b) (6).

Six.

22

To state

23

factual

24

merely

25

court dismissed

facts

whether

states

access

a claim.

On a motion

16

County

same-day

the Ninth

that District

now seeks

to state

this

in

doctrines.

7, 2014,

violate

Planet,

the 11th Amendment

to rule first

Planet
for failure

to provide

under

deciding

Michael

of the Ventura

30, 2011,

abstention

On April

10

21

for failing

of the complaint

9

14

as Clerk

On November

7

against

News

complaints.

6

a complaint

Courthouse

assertions
possible

a claim

that make

the complaint
the claimed

must
relief

contain
not

but plausible.

Although

factual

assertions

are taken

as

7

1

true,

2

the Court

does

true.

3

Ashcroft

4

CNS

not

versus

is a news

5

in reporting

on civil

6

ranging

major

7

law school

from

CNS
around

sends

the country
VSC

10
11

complaints

12

documents.

13

documents

with

662,

that

3,000

as

2009.

specializes

subscribers

to universities,

still

15

complaints.

There

16

granted,

the

and

18

already

precluded

19

Circuit

only

20

should

not

21

a Rule

determined

abstain

The Ninth

22

was making

no decision

23

12(b) (6) motion
The

24

CNS has

is,

not

yet

clerk.

access

to civil

access
that

this

must

in this

Amendment

will

be

be given.

the Ninth

Court

the

to

official

by the

Circuit

the Ninth
has

standing

and

case.

explicitly

on the merits,

a motion

issue

a First

Circuit

access
the

12 (b) (6) motion,

hearing

complaints.

as to if access

argues

that

from

are

provided

is when

CNS

filed

same-day

be rejected

is no issue

issue

courthouses

by scanning

copies

always

Although

17

recently

to allow

scanned

has

to visit

3 p.m.

before

and may

but

reporters

to review

These

VCS

and

service

outlets

has begun

filed

14

25

wire

conclusions

556 u.s.

Iqbal,

lawsuits

media

legal

libraries.

8
9

accept

stated

exactly

that

what

it

a

on the merits.
case
right

is whether
to review

the public
civil

8

1

complaints

2

clerks

3

entered

on the

before
into

these
the

the

day

they

complaints

Courts

This

4

same

right

6

before

they

7

clerks

or the parties

to the

The Ninth

Circuit

9

and

logic

10

versus

11

the

test

available

Court,

of the
Under

12
13

court

examines

14

historically

15

right

16

functioning

17

the

and

would

give

complaints

judges

relies

in Press

and their

law

on the experience

Enterprise

501

of access

experience

(1) whether

filed

sui t.

464 U.S.

right

access"

unprocessed

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enunciated

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extent

to view

by VSC

records.

to "same-day

the public

are

received

are processed,

official

5

8

right

are

(1984)

to determine

to judicial
and

logic

documents.

test,

the

as a whole.

been

of access

.of the

allowing

20

processed

judicial

and has

21

documents

that

22

notice

24
25

same-day

process

that

access

there

submitted

role
and

(2) whether

Court

the

in the proper
the government

is a tradition

voluminous
this

has

and

to complaints

it requests

before
amounts
to take

of

they

are

of
judicial

thereof.
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same-day

an essential

alleges

19

23

to the public

plays

CNS

18

open

the proceeding

Company

access

has

not been

a long

tradition

of

to complaints.

Justice

Oliver

Wendell

Holmes,

as part

of

9

1

the Massachusetts

2

complaints

3

that

Supreme

are not

even

the reporting
Cowley

5

Regardless
law,

it shows

7

access

access

10

Court

take

11

the

12

require

13

civil
court

not attach

of whether
a long

to them.

137 Mass. 392
this

and

(1884)

is currently

tradition

good

of same-day

for the press.

Moreover,
provide

does

that

in open

Pulsifer,

is not

to complaints

8

9

versus

there

held

proceedings

privilege

4

6

Court,

many

of the

to complaints

file

available

same-day

CNS

have

a compelling

16

documents

from

17

interests

of third

that

to have

theft

Bruce

19

this

None

a case

file

with

to safeguard

and damage

making
of these

has

even

been

States

logic.

unprocessed

and protect

the privacy

parties.

Without

21

contemplate

comports

interest

18

it is impossible

before

experience

15

20

of only

seeks

to the public.

access

This

14

notice

that

statutes

created.

case

judicial

state

versus
some

Gregory,
minimal

to ensure

processing

Moreover,

23

complaint,

that

many

24

access

to complaints

25

either

scanned

the

as eNS
of the
only

integrity

666

(1967).

by the

notes
courts

in its
that

do so after

complaint

of the

clerk

complaints.

22

the

65 Cal.2d

exhibit

provide

the

or photocopied

filed

clerk
it.

to its
same-day

has
This

is

10

1

logical

2

not

to make

sure

that

integrity

many

courts

of the documents

is

compromised.
Finally,

3

4

usually

two hours

5

wherein

complaints

6

available

to half
are

Although

8

complaints

9

scan

before

many

before

allowing

11

support

12

they

13

assigning

are

14

electronic

That

fully

the

complaint
thus

a case

before

courthouses

access;

10

a cutoff
the

time

time,

end of day,
will

not be

review.

they

or photocopy

an hour

received.

for same-day

7

have

allow

access

processed,
and

assign

a case

have

been

15

not

minimally

The

16

complaint

17

access

18

a matter

19

right

20

processing

allowing

to access

judicial

CNS

does

civil

has been

number

this

not

either

until

to include
a hard

with

or

its

refute

a tradition

minimal

processing.

have

complaints

logic

a First

before

of
As

Amendment

this

minimal

completed.

The motion

22

Counsel
this

usually

submitted

notice

before

21

23

CNS has

and

to complaints

and making

documents

to complaints
of law,

access

processed,

number

and for

experience

either

copy.

courts

both

most

to

to dismiss

to submit

the

is granted.
order

consistent

with

rUling.
Thank

24

MR. NAEVE:

25

MS. MATTEO-BOEHM:

you,
Your

Your

Honor.

Honor,

may

we have

a

11

1

ruling

on Courthouse's

2

supplemental

3

to strike

4

judicial

notice

5

judicial

notice.

request

request

for a judicial

in its reply

THE COURT:

7

(PROCEEDINGS

9
10
11
12
13

14
15
16
17
18

19
20
21

22
23
24
25

in support

and objection

6

8

for a judicial

That

notice,

notice,
and

of its request

to defendant's

request

CONCLUDED.)

request
for

request

is denied.

for

12

1

2

CERTIFICATE

OF REPORTER

3

4

COUNTY

OF LOS ANGELES

5

6

SS.
STATE

OF CALIFORNIA

7

8

I, SHERI

S. KLEEGER,

9

THE UNITED

STATES

10

DISTRICT

11

TO SECTION

12

FOREGOING

13

STENOGRAPHICALLY

14

ABOVE-ENTITLED

15

FORMAT

16

JUDICIAL

OFFICIAL

DISTRICT

OF CALIFORNIA,
753,

TITLE

IS A TRUE

CORRECT

AND

IS IN CONFORMANCE

THAT
WITH

20

lsi

21

SHERI

22

FEDERAL

23

24
25

AUGUST

25, 2014

S. KLEEGER,
OFFICIAL

CSR
COURT

REPORTER

THAT
CODE,

TRANSCRIPT

THE
THE

OF THE UNITED

18

DATE:

STATES

IN AND

FOR

CENTRAL

CERTIFY

PROCEEDINGS

17

19

REPORTER,

FOR THE

28, UNITED

REPORTED

CONFERENCE

COURT

DO HEREBY

AND

MATTER

COURT

HELD

THE

OF THE
IN THE

TRANSCRIPT
REGULATIONS
STATES.

PURSUANT

PAGE
OF THE

13

1

2
3
4
5

6
7

8
9

10
11
12
13
14
15
16
17
18

19
20

21
22
23
24
25

1

I

662 [1]-7:3
666 [1]- 9:18

IS [1] - 12:20

1

7 [1]- 6:9
753 [1]- 12:11

1[1]-8:13

8

11-8083 [1]- 1:8
11th [1]- 6:7
12(b)(6 [2]-7:18,
7:23
12(b)(6) [1]- 6:20
137 [1]- 9:4
18 [2]- 1:15,3:1
1884) [1] - 9:4
18th [1]- 5:4
1967) [1] - 9:18
1984 [1]- 8: 10

2
2 [1]- 8:14
2.550 [2]- 4:17,4:21
2.550(b)(7 [1]- 4:25
2009 [1] - 7:3
2011 [1]- 6:6
2014[4]-1:15,3:1,
6:9,12:19
213)894-6604 [1J1:22
25 [1]- 12:19
28 [1]-12:11

3

3,000 [1]- 7:5
30 [1]- 6:6
312 [1]- 1:21

4
4[1]- 3:5
402 [1]- 1:21
464[1]- 8:10

5
501 [1]- 8:10
556 [1]- 7:3

6
65 [1]- 9:18

civil [7] - 5:7, 6:5,
7:5,7:14,7:25,9:1,
10:19

assertions [2]- 6:23,
6:25
assign [1]- 10:9
assigning [1]- 10:13
AT[1]- 2:3

claim [3] - 6: 14, 6: 18,
6:22
claimed [1]- 6:23

2:3

AUGUST[3]-1:15,
3:1,12:19
avallable [3] - 8:6,

9

9:11,10:6
90012 [1]- 1:22

B

A
A.M[2]-1:15,3:2
ABOVE [1] - 12: 14
ABOVE-ENTITLED
[1]-12:14
abstain [1] - 7:20
abstention

[1] - 6:8

accept [1] - 7: 1
access [23]- 4:9,
4:13,5:4,5:9,6:4,
7:10,7:14,7:15,7:16,
8:4,8:11,8:15,8:19,
8:24,9:7,9:9,9:12,
9:24, 10:7, 10:10,
10:11, 10:17, 10:19
action [1] - 4: 10
activity [1] - 5: 1
add [1] - 3:23
allowjsj- 6:11,7:10,
10:7
allowing [3]- 8:19,
10:10, 10:11
Amendment [6] 4:8,4:12,6:7,6:12,
7:25,10:18
AMERICA [1]- 1:1
amounts [1] - 8:20
AND [3]- 12:8,
12:12,12:14
ANGELES [4] - 1:16,
1:22,3:1,12:4
appearances [1] 3:9
APPEARANCES [1]2:2
appearing [2] - 3: 11,
3:14
application [1] - 4:23
apply [1] - 4:9

based [1]- 6: 17
basis [1]- 5:7
begun [1]- 7:10
BEHALF [2]- 2:3,
2:5
behalf [2]- 3:20,
3:22
Bill [1]- 3:16
bit [1]- 4:5
BOEHM [5]

-

claims 11]- 6:12
clear [1]- 4:22
Clerk [1] - 6:3

attach [1]- 9:3
ATTORNEY[1]-

80 [1]- 5:7

alleges [1] - 8:18
3 [1]- 7:11

cited [1]- 4:18
Civil [1] - 6:20

argues [1]- 7:17
argument [5]- 4:5,
4:11,4:12,4:16,5:24
Ashcroft [1] - 7:3

7

10340 [1]- 1:20

April [1] - 6:9

2:3,

3:10,3:16,4:1,10:25
Boehm [1] - 3:11
brief [1]- 4:2
briefly [2]- 5:3, 5:16
Bruce [1]- 9: 18
Bryan [1]- 3: 11

C
Cal.2d [1]- 9:18
CALIFORNIA [6] 1:2,1:16,1:22,3:1,
12:6,12:10
capacity [1] - 6:3
careful [1]- 5:17
case [7] - 4:3, 7:20,
7:24,9:11,9:12,10:9,
10:13
Cave [1]- 3:11
CENTRAL [2] - 1:2,
12:9
CERTIFICATE [1]12:2
CERTIFIED [1]- 1:7
CERTIFY[1]-12:10
changed [2]- 4:5,
5:5
Circuit [5] - 6:9,
7:17,7:19,7:21,8:8

clerk [4] - 5:8, 7: 13,
9:19,9:24
CLERK [1] - 3:5
clerk's [1]- 5:2
clerks [2] - 8:2, 8:7
CNS [9] - 7:4, 7:8,
7:17,7:25,8:18,9:9,
9:22,10:15, 10:18
CODE [1] - 12:11
Company [1]- 8:9
compelling [1]- 9:15
complaint [14]4:13,4:14,5:18,6:2,
6:7,6:13,6:16,6:18,
6:22,9:23,9:25,10:9,
10:16
complaints [21]4:9,5:7,6:5,7:9,
7:11,7:15,8:1,8:2,
8:5,8:19,8:24,9:2,
9:7,9:9,9:21,9:24,
10:5,10:8,10:11,
10:17,10:19
completed [1] 10:20
comports [1] - 9:14
compromised [1] 10:2
CONCLUDED [1] 11:7
conclusions [1]- 7:1
CONFERENCE [1]12:16
CONFORMANCE [1]
- 12:15
consistent [1] 10:22
constitution [1] 6:12
contain [1J- 6:22
contemplate [1]9:10
contention [1] - 4:8
copies [1]- 7: 12
COpy [1] - 1:7
copY[1]-10:14
CORRECT [1]12:12
counsel [2]- 3:23,

10:22
COUNSEL [1]- 2:2
country [1] - 7:9
County [1] - 6:3
COUNTY[1]- 12:4
Ccurt nzj- 4:10,
4:17,4:20,4:21,4:25,
6:4,7:1,7:19,8:10,
8:21,9:1,9:10
COURT [8] - 1:1,
1:21,3:23,6:1,11:6,
12:8,12:9,12:22
court [5] - 4:24, 6:6,
6:15,8:13,9:2
COURTHOUSE [1]1:6
Courthouse [4]- 3:6,
3:12,3:17,5:6
courthouse [1]- 6: 1
Courthouse's [1]11:1
courthouses [2]7:8,10:7
Courts [2]- 6: 10, 8:3
courts [4]- 6: 11,
9:23, 10:3, 10:11
CowleY[1]- 9:4
created [1] - 9:13
CSR[2]-1:20,

12:21

cutoff [1]- 10:3
CV[1]-1:8
CV-11-8083-R [1]3:6

D
damage [1]- 9:16
DATE [1]- 12:19
days [1]- 4:14
deciding [1] - 6: 10
decision [1] - 7:22
defendant
3:22,4:16

[3]- 3:20,

DEFENDANT [2] 1:10,2:5
defendant's [5] - 4:5,
4:8, 5:4, 5:14, 11:4
denied [1]- 11:6
determine [1]- 8: 10
determined [1]7:19
determines [1]- 6: 17
dismiss [3]- 6:13,
6:15,10:21
dismissed [1] - 6:6
DISTRICT [5] - 1:1,
1:2,1:4,12:9,12:10
Dlstrlct nj - 6:10
DIVISION [1] - 1:2

2

DO(1)-12:10

first

doable (1)- 5:9
doctrines (1)- 6:8
documents (8) -

focus (1)- 4:7
FOR(2)- 12:8,12:9
FOREGOING (1)-

3:24,7:12,7:13,8:11,
8:21,9:16,10:1,
10:15

E

(2)-

4:22, 6:11

12:12
FORMAT(1)-12:15
forward (1)- 3:8
fully (1)- 10:8
functioning (1)8:16

e-filing (1)- 4:22
edltorjij- 3:17
elther pj - 9:25,
10:8, 10:13
electronic (1)- 10:14
end (1)- ,10:4
ensure (1)- 9:20
entered (1]- 8:3
Enterprise (1)- 8:9
entire (1)- 5: 19

G
Girdner(1)-

ESQUIRE (1)- 2:5
essential

(1)- 8: 15

exactly (1)- 7:22
examines (1)- 8:13
exhibit (1)- 9:22
experience (4)- 8:8,
8:12,9:14,10:10
explicitly (1)- 7:21
extent (1)- 8:11

F
facts

(2)-

6:16, 6:17

factual (2)- 6:23,
6:25
failing (1)- 6:4
failure (1)- 6:14
federal 11)- 6:20
FEDERAL (2) - 1:21,
12:22
FETTERLY (2)- 2:5,
3:13
Fetterly (1) - 3: 14
few(1)- 4:2
file (2)- 9:11,9:12
filed (10)- 3:24, 4:2,
4:9,4:13,4:19,6:2,
7:9,7:11,8:2,9:20
filing (5)- 4:5, 4:22,
4:24,5:1,5:19
finaIlY(1)-10:3
First (5)- 4:8, 4:12,
6:11,7:25,10:18

JOHN (1)- 2:5
Jonathan (1)- 3:14
JUDGE (1)- 1:4
judges (1)- 8:6
JUDICIAL (1)- 12: 16
judicial (15)- 4:20,
5:11,5:12,5:14,5:15,
5:21,8:11,8:16,8:21,
9:10,10:16,11:1,
11:2, 11:4, 11:5
June (1]- 5:4
justice (1)- 8:25

given (1)- 7:16
government (1)8:16
granted (3)- 6:19,
7:16,10:21
Gregory (1)- 9: 18

entirely (1)- 5:9
ENTITLED (1)12:14
enunciated (1)- 8:9
Erica (1)- 3:22

3:17

MICHAEL (1)- 1:9

J

H

K
KLEEGER
12:8,12:21

(3)-

1:20,

L

mind (1)- 5:8
minimal (3)- 9:19,
10:17,10:19
minimaIlY(1)-10:12
MONDAY (2) - 1:15,
3:1
moreover (2) - 9:8,
9:22
morning (4)- 3: 10,
3:13,3:19,3:21
most(1)-10:8
motion (6) - 5:20,
6:15,7:18,7:23,
10:21
moving (4)- 4:6, 4:7,
4:18,5:17
MR(5)- 3:13,3:19,
3:25,5:16,10:24
MS (5)- 3:10,3:16,
3:21,4:1,10:25
must (2) - 6:22, 7: 16

N
half (1)- 10:4
hard (1)-10:13
hearing (1)- 7:20
HELD (1)-12:13
held (1)- 9:1
HEREBY(1)-12:10
historically (1)- 8: 14
Holmes (1)- 8:25
Honorjtot- 3:10,
3:13,3:19,3:21,3:25,
4: 1, 5: 16, 5:23, 10:24,
10:25
HONORABLE (1)1:4
bourjn- 10:4
hours (1)- 10:4

I
important (1)- 4:4
impossible (1)- 9:20
IN (3)- 12:8, 12:13,
12:15
include (1)- 10: 12
integrity (2) - 9:20,
10:1
interest (1)- 9:15
interests (1)- 9: 17
Iqbal (1) - 7:3
IS (2)- 12:12,12:15
issue (3)- 7:15, 7:16,
7:24
item (1)- \3:5
items (1]- 4:21
itself

(1) -

4:25

law (4) - 7:7, 8:6, 9:6,
10:18
LAW(1)- 2:3
lawsuits (1)- 7:5
legal (1)- 7: 1
libraries (1)- 7:7
logic (4)- 8:9, 8:12,
9:14,10:10
logical (1)- 10: 1
LOS(4)-1:16,1:22,
3:1,12:4

M

NAEVE (4)- 3:19,
3:25, 5:16, ~0:24
Naeve (1)- 3:20
neW(1)- 5:7
newly (2) - 4:9, 4: 13
NEWS (1)- 1:6
news (1)- 7:4
News (5)- 3:6, 3:12,
3:18, 5:6, 6:1
Ninth ier- 6:9, 7:17,
7:18, 7:21, 8:8
none (1)- 9:11

MANUEL (1)- 1:4
Mass.392 (1)- 9:4
Massachusetts (1)9:1
materials (1)- 4:22
MATTEO (5)- 2:3,
3:10,3:16,4:1,10:25
Matteo (1)- 3: 11
MATTEO-BOEHM
(5)- 2:3,3:10,3:16,
4:1, 10:25
Matteo-Boehm (1)3:11
MATTER (1)- 12:14
matterju- 10:18
media (1)- 7:6
merely (1)- 6:24
merits (2] - 7:22,
7:23
Michael (2] - 3:6, 6:2

note

(2) -

4:4, 5:3

notes (1)- 9:22
notice (14)- 4:20,
5:11,5:12,5:14,5:15,
5:22,8:22,9:10,
10:16,11:1,11:2,
11:4, 11:5
November (1)- 6:6
number
10:13

10:9,

(2]-

12:8,12:22
official (3)- 6:3,
7:12,8:3
Oliver (1)- 8:25
ON (2) - 2:3, 2:5
open (2)- 8:14,9:2
opposed (1)- 5:19
orderjn - 10:22
original (1)- 5:24
outlets (1)- 7:6
owner m- 3:17

p
p.m (1)- 7:11
PAGE (1)-12:14
paper nj- 4:24
papers (6) - 4:2, 4:6,
4:7,4:11,4:18,5:18
part (2)- 6:7, 8:25
parties (2)- 8:7,9:17

NORTH (1)- 1:21
major (1)- 7:6

12:10,12:12,12:15,
12:16
office (1)- 5:2
OFFICIAL (3)- 1:21,

percent (1)- 5:7
perfect (1)- 5:5
pertaining (1)- 4:2
PH (1)-1 :22
photocopied (1)9:25
photocopyju- 10:9
PLAINTIFF
2:3
plaintiff (2]

object

(2) -

5:23
objection

3: 12,

Planetjaj- 3:7,6:2,
6:13
plausible (1)- 6:24
plays (1)- 8:15
pleaded (1)- 6: 16
point (1)- 5: 19
points

(2)-

4:2,4:17

possible (1)- 6:24
precluded (1]- 7:18
president (1)- 3:17
PRESIDING (1)- 1:4
(1) -

8:9

press (1)- 9:7
prlvacyrn- 9:16

5:22,
(2)-

-

1:7,

3:15
PLANET (1)- 1:9

Press

0

(2)-

5:14,

11:4
OF(13)-1:1,1:2,
1:14,2:2,2:3, 2:5,
12:2, 12:4, 12:6,

privilege (1)- 9:3
Procedure (1)- 6:20
procedures (2) - 5:4,
5:5
proceeding (1)8:13
PROCEEDINGS (3)1:14,11:7,12:13

3

proceedings [1]9:2
process [1]- 8:16

11:3, 11 :4, 11:6
requests [1] - 8:21
require [1]- 9: 12

processed [5]- 4:14,
8:2, 8:20, 10:8, 10: 12

respect [1]- 5:21
reversed [1]- 6:9

processing [4]- 5:1,
9:19,10:17,10:20

review [4]- 5:2, 7:9,
7:25,10:6

proper nj - 8:15
protect [1)- 9: 16
provide [3)- 6:4, 9:9,
9:23
provided [1)- 7:14
public [4)- 7:24, 8:5,
8:14,9:11
Pulsifer [1)- 9:4
PURSUANT [1)12:10

Robert [1] - 3:20
role nj- 8:15
ROOM[l) -1:21
Rule [5) - 4:17, 4:21,
4:25,6:20,7:18
rule [3] - 4:22, 4:23,
6:11
ruling [3)- 5:11,
10:23,11:1

S

puts [1]- 5:8

R
RACHEL [1) - 2:3
Rachel [1]- 3:11
ranging [1)- 7:6
REAL [1)- 1:4
reason [1]- 4:19
receipt [1]- 5:18
received [2)- 8: 1,
10:5
recently [1)- 7:9
records [1)- 8:3
referju - 5: 18
refute[1]-10:16
regardless [1] - 9:5
REGULATIONS [1] 12:15
REILLEY [1)- 3:21

safeguard

[1)- 9:15

same-day [11)- 5:7,
5:9, 6:4, 7:10, 8:4,
8:19,8:24,9:6,9:12,
9:23,10:6
scan 11]- 10:9
scanned [2)- 7:12,
9:25
scanning [1) - 7:11
school [1)- 7:7

9:14
statutes [3]- 5:24,
5:25,9:8
STENOGRAPHICA
LLY[1]-12:13

STREET [1)- 1:21
strike [2)- 5: 13, 11:3
submission [1)5:22
submitnj- 10:22
submitted [2)- 8:20,
10:15
subscribers [1)- 7:5
suit [1]- 8:7
sumru- 5:10
Superior [3]- 4:23,
6:4,8:10
supplemental [3]4:19,5:12, 11:2
support [4]- 4:16,
5:13,10:11,11:3
9:1

T
test [2)- 8:9, 8: 12
THAT(2) - 12:10,

secondly [1]- 4:25
SECTION [1]- 12:11

12:14
THE [13]- 3:5, 3:23,

seeing [1) - 5:6

6:1,11:6,12:9,12:11,
12:12,12:13, 12:14,
12:15,12:16
theft [1]- 9: 16

seeks [2)- 6:13,9:9
sends 11]- 7:8
Service [3]- 3:6,
3:12,3:18
SERVICE [1]- 1:6

thereof [1] - 8:22

Reilley [1] - 3:22

service 11) 7:4
-

rejected 11) 7: 13
relevant [1)- 4:21

Services [1)- 6:2

TITLE [1]- 12:11
TO [1) -12:11

relief [2]- 6:19, 6:23
relies [1)- 8:8
remainder [1)- 6:8
remanded [1]- 6:10
reply [5]- 4:2, 4:11,
5:13,5:18,11:3
REPORTED 11)
12:13
REPORTER [4]1:21,12:2,12:8,
12:22
REPORTER'S [1] 1:14
reporters [1)- 7:8
reporting [2)- 7:5,
9:3
request [14)- 4:19,
5:11,5:12,5:13,5:15,
5:21,5:24,11:1,11:2,

SESSIONI2)-1:15,
3:2
SHERI [3]- 1:20,
12:8,12:21
shifted [1) - 4: 11
show [1)- 5:8
shows [1)- 9:6
six [1)- 6:21
specializes [1]- 7:4
SPRING [1)- 1:21
SS [1)- 12:5
standing

[1]- 7:19

state [4]- 6:11,6:14,
6:22,9:8
STATE [1)- 12:6
state's [1)- 6: 12
STATES [6)- 1:1,
1:1,1:4,12:9,12:11,
12:16
states [2]- 6: 18,

[1]- 7:6
[2] -

UP[l]- 5:10

V

step [1]- 3:8
still [1]- 7:13

Supreme[l]-

universities
unprocessed
8:5,9:15

third [1]- 9:17

today 11) 3: 18
tradition [4]- 8:18,
8:23,9:6, 10:16
TRANSCRIPT 13)
1:14,12:12,12:14
trial [1)- 6: 15
TRUE [1]-12:12
true [3]- 6:16,7:1,
7:2
two [2)- 4:20, 10:4

U
U.S [2]- 7:3, 8:10
under[4] - 5:3, 6:7,
6:8,8:12
UNITED[6)-1:1,
1:1,1:4,12:9,12:11,
12:16

VCS [1)- 7:14
Ventura [2)- 4:23,
6:3
versus [5] - 3:6, 7:3,
8:10,9:4,9:18
view [1)- 8:5
violate [1]- 6:12
visit [1)- 7:8
voluminous [1)8:20
VS[l) -1:8
VSC [2)- 7:10,8:1

W
weeks [1)- 4:15
well-pleaded [1)6:16
Wendell [1)- 8:25
WESTERN [1)- 1:2
wherein [1] - 10:5
whole [1)- 8:17
wire [1]- 7:4
WITH [1)- 12:15