Haskell et al v. Brown et al

Filing 131

ORDER granting 130 STIPULATION WITH PROPOSED ORDER Re: Continuance of Case Management Conference filed by Jeffrey Patrick Lyons, Jr., Aakash Desai, Elizabeth Aida Haskell, Reginald Ento. Case Management Statement due by 10/25/2013. Case Management Conference reset for 11/1/2013 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 8/1/2013. (beS, COURT STAFF) (Filed on 8/2/2013)

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PETER C. MEIER (SB# 179019) [e-mail]
ERIC A. LONG (SB# 244147) [e-mail]
PAUL HASTINGS LLP
55 Second Street
Twenty-Fourth Floor
San Francisco, CA 94105-3441
Telephone: [phone]
Facsimile: [phone]

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MICHAEL T. RISHER (SB# 191627) [e-mail]
AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF
NORTHERN CALIFORNIA, INC.
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
ELIZABETH AIDA HASKELL, REGINALD ENTO,
JEFFREY PATRICK LYONS, JR., and AAKASH DESAI,
on behalf of themselves and others similarly situated

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ELIZABETH AIDA HASKELL,
REGINALD ENTO, JEFFREY PATRICK
LYONS, JR., and AAKASH DESAI, on
behalf of themselves and others similarly
situated,

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Plaintiffs,
vs.
KAMALA D. HARRIS, Attorney General
of California; EVA STEINBERGER,
Assistant Bureau Chief for DNA Programs,
California Department of Justice,

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Defendants.
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Civil Case No. C 09-4779 CRB
CLASS ACTION

STIPULATION AND ORDER RE:
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE
Date: August 9, 2013
Time: 8:30 a.m.
Dept.: Courtroom 8, 19th Floor
Honorable Charles R. Breyer
Complaint Filed: October 7, 2009
First Am. Complaint Filed: December 1, 2009

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CASE NO. C 09-4779 CRB

STIPULATION AND [PROPOSED] ORDER
RE: CONTINUANCE OF CMC

Plaintiffs Elizabeth Aida Haskell, Reginald Ento, Jeffrey Patrick Lyons, Jr., and
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Aakash Desai, and Defendants Kamala D. Harris, Attorney General of California, and Eva

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Steinberger, Assistant Bureau Chief for DNA Programs, California Department of Justice, by and

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through their counsel, hereby agree and stipulate as follows:

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WHEREAS, the parties have a Case Management Conference (“CMC”) currently
scheduled for August 9, 2013 at 8:30 a.m.;

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WHEREAS, on September 19, 2012, an en banc panel of the Ninth Circuit reheard
the pending appeal of this Court’s order;

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WHEREAS, on November 9, 2012, the Supreme Court granted certiorari in
another case addressing whether the Fourth Amendment allows the states to collect and analyze

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DNA from people arrested and charged with serious offenses, King v. Maryland, 42 A.3d 549

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(Md. 2012), cert. granted, 81 U.S.L.W. 3127 (U.S. Nov. 9, 2012), and held argument on February

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26, 2013;

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WHEREAS, on November 13, 2012, the Ninth Circuit deferred submission of this
case pending the U.S. Supreme Court’s decision in Maryland v. King;

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WHEREAS, on June 3, 2013, the Supreme Court issued its decision in Maryland
v. King, 133 S. Ct. 1236 (2013);

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WHEREAS, on June 12, 2013, the Ninth Circuit ordered the parties to submit

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supplemental briefs on the application of the Supreme Court’s decision in Maryland v. King;

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WHEREAS, the parties’ supplemental briefs are currently under consideration
before the en banc panel;

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WHEREAS, by agreement of the parties, counsel request a continuance of
approximately 85 days;

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NOW THEREFORE, the parties, by and through their undersigned counsel,

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CASE NO. C 09-4779 CRB

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STIPULATION AND [PROPOSED] ORDER
RE: CONTINUANCE OF CMC

hereby stipulate and agree that the August 9, 2013 CMC shall be continued, and that a CMC shall
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be held on November 1, 2013 at 8:30 a.m. Should an earlier date become necessary or

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appropriate by any further action of the Ninth Circuit, the parties will contact the Court.

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DATED: July 30, 2013

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By:

/s/ Peter C. Meier
Peter C. Meier
Attorneys for Plaintiffs
ELIZABETH AIDA HASKELL, REGINALD ENTO,
JEFFREY PATRICK LYONS, JR., and AAKASH DESAI,
on behalf of themselves and others similarly situated

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PAUL HASTINGS LLP

DATED: July 30, 2013

OFFICE OF THE ATTORNEY GENERAL
By:

/s/ Daniel J. Powell
Daniel J. Powell
Deputy Attorney General
Attorneys for Defendants
KAMALA D. HARRIS, Attorney General of California and
EVA STEINBERGER, Assistant Bureau Chief for DNA
Programs, California Department of Justice

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I attest that concurrence in the filing of this document has been obtained from
Daniel J. Powell, attorney for defendants Kamala D. Harris and Eva Steinberger.

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DATED: July 30, 2013

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PAUL HASTINGS LLP
By:

/s/ Peter C. Meier
Peter C. Meier
Attorneys for Plaintiffs
ELIZABETH AIDA HASKELL, REGINALD ENTO,
JEFFREY PATRICK LYONS, JR., and AAKASH DESAI,
on behalf of themselves and others similarly situated

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CASE NO. C 09-4779 CRB

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STIPULATION AND [PROPOSED] ORDER
RE: CONTINUANCE OF CMC

ORDER
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The Court has considered the above Stipulation, and good cause appearing

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therefore, the Court hereby ORDERS as follows: The August 9, 2013 CMC shall be continued,

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and a Case Management Conference shall be held on November 1, 2013 at 8:30 a.m.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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UNIT
ED

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HON. CHARLES R. BREYER
ED
UNITED STATES RDER
SO O DISTRICT JUDGE

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LEGAL_US_W # 75810514.1

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DATED: August 1, 2013

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CASE NO. C 09-4779 CRB

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STIPULATION AND [PROPOSED] ORDER
RE: CONTINUANCE OF CMC