Courthouse News Service v. Michael Planet

Filing 83

NOTICE OF APPEAL to the 9th CCA filed by plaintiff Courthouse News Service. Appeal of Order, #82 (Appeal fee of $505 receipt number 0973-14395413 paid.) (Attachments: #1 Exhibit 1-Order Granting MTD-08-28-14, #2 Exhibit 2-Representation Statement)(Matteo-Boehm, Rachel)

1 Rachel E. Matteo-Boehm (SBN 195492)
2 [e-mail]
Roger R. Myers (SBN 146164)
3 roger [e-mail]
4 Leila C. Knox (SBN 245999)
[e-mail]
5 BRYANCAVELLP
6 560 Mission Street, 25th Floor
San Francisco, CA 94105-2994
7 Telephone: [phone]
8 Facsimile: [phone]

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9 Jonathan G. Fetterly (SBN 228612)
10 [e-mail]
BRYAN CAVE LLP
11 120 Broadway, Suite 300
12 Santa Monica, CA 90401-2386
Telephone: [phone]
13 Facsimile: [phone]

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

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Courthouse News Service,
Plaintiff,

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vs.

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Michael Planet, in his official capacity as
Court Executive Officer/Clerk of the
24 Ventura County Superior Court,

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Case No. CVII-08q83

R (MANx)

PLAINTIFF COURTHOUSE NEWS
SERVICE'S NOTICE OF APPEAL
TO THE UNITED STATES COURT
OF APPEALS FOR THE NINTH
CIRCUIT

Defendant.

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28
213503.1

PLAINTIFF'S

NOTICE OF APPEAL

CASE NO. CVII-08083

R (MANx)

1
2

NOTICE IS HEREBY GIVEN that Courthouse News Service, the plaintiff
in the above-captioned matter ("Courthouse News" or "CNS"), hereby appeals to

3 the United States Court of Appeals for the Ninth Circuit from the Memorandum and
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Order Granting Defendant's Motion to Dismiss Amended Complaint ("Order"),

5 dated August 28, 2014. A copy of the Order is attached hereto as Exhibit 1.
6

Plaintiffs Representation Statement is attached hereto as Exhibit 2 (Fed. R.

7 App. Proc. 12(b); Circuit Rule 3-2(b )).
8

This is a comeback case as defined by section 1.12 of the General Orders of

9 the United States Court of Appeals for the Ninth Circuit. On April 7, 2014, in
10 Appeal No. 11-57187, a panel consisting of Judges John T. Noonan, Kim McLane
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11 Wardlaw, and Mary H. Murguia reversed the district court's order of dismissal

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12 pursuant to Federal Rule of Civil Procedure 12(b)(6) abstaining under Railroad

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13 Comm'n v. Pullman Co., 312 U.S. 496 (1941) and O'Shea v. Littleton, 414 U.S. 488
14 (1974). In a 32-page opinion reversing abstention under Pullman as "generally
15 inappropriate when First Amendment rights are at stake," as well as reversing

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16 abstention under 0 'Shea, the panel found that "there is no question that CNS itself
17 has alleged a cognizable injury caused by the Ventura County Superior Court's
18 denial of timely access to newly filed complaints" and that "this alleged violation of
19 CNS's First Amendment right of access also harms its free speech interests."
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Courthouse News Service v. Planet, 750 F.3d 776, 788 (9th Cir. April 7, 2014).

21

The instant appeal stems from the District Court's subsequent order,

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following remand, granting Defendant's motion to dismiss under Federal Rule of

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Civil Procedure 12(b)( 6) for failure to allege a cognizable claim for denial of its

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First Amendment right of timely access to newly filed complaints.

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Dated: September 4, 2014

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BRYAN CAVE LLP
By:

/s/ Rachel E. Matteo-Boehm
Rachel E. Matteo-Boehm
Attorneys for Plaintiff
COURTHOUSE NEWS SERVICE

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1

213503.1

PLAINTIFF'S

NOTICE OF APPEAL

CASE NO. CV 11-08083 R (MANx)