Desmond v. Harris et al

Filing 20

STIPULATION and ORDER, signed by District Judge Dale A. Drozd on 9/13/2016. (Plaintiff's 16 Motion for Preliminary Injunction WITHDRAWN, hearing on 10/4/2016 is vacated.) (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Timothy J. Desmond,
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Plaintiff,

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v.

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Kamala Harris, Attorney General of the State of
California, in her official capacity,
Karen Ross, Secretary of the California Dep’t
of Food and Agriculture, in her official capacity,
John Quiroz, Branch Chief of the Fairs &
Expositions Branch in the Division of Marketing,
in his official capacity,
and
John Alkire, Chief Executive Officer of the
21st District Agricultural Association,
in his official capacity,
Defendants.

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Civ.No. 1:16-cv-01206
DAD-BAM

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STIPULATION AND
ORDER

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WHEREAS Plaintiff has moved for a preliminary injunction (Doc. No. 16) seeking an

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order enjoining Defendants from enforcing Cal. Govt. Code § 8195 as applied to artwork that

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may be displayed at the Big Fresno Fair 2016, and specifically, as to Plaintiff’s painting, The

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Attack; and
--------STIPULATION AND [PROPOSED] ORDER DESMOND V.
HARRIS, ET AL., 1:16-CV-01206 DAD-BAM

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WHEREAS Defendants have agreed that, if entered in accordance with the rules of the
Big Fresno Fair 2016 (the “Fair”), The Attack will be judged and displayed at the Fair;

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THEREFORE Plaintiff and Defendants hereby agree as follows:

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1. Defendants agree that, upon proper entry of The Attack, it will be judged and

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displayed along with, and treated similarly to, all other entries.

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2. Plaintiff hereby withdraws his motion for a preliminary injunction.

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Dated: September 9, 2016
KAMALA D. HARRIS
Attorney General of California
TAMAR PACHTER
Supervising Deputy Attorney General

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/s/ Alexandra Robert Gordon______
ALEXANDRA ROBERT GORDON
Deputy Attorney General
Attorneys for Defendants

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By: STAMMER, MCKNIGHT, BARNUM &
BAILEY LLP

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/s/ Bruce J. Berger
BRUCE J. BERGER
Attorneys for Plaintiff

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______

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By: CENTER FOR INDIVIDUAL RIGHTS

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/s/ Michael E. Rosman__________
MICHAEL E. ROSMAN
Attorneys for Plaintiff

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IT IS SO ORDERED.
Dated:

September 13, 2016
UNITED STATES DISTRICT JUDGE

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--------STIPULATION AND [PROPOSED] ORDER DESMOND V.
HARRIS, ET AL., 1:16-CV-01206 DAD-BAM