White et al v. University of California et al

Filing 23

STIPULATION AND ORDER RE 22 FOR ENTRY OF PRELIMINARY INJUNCTION. Signed by Judge Richard Seeborg on 5/7/12. (cl, COURT STAFF) (Filed on 5/7/2012)

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BRADLEY S. PHILLIPS (State Bar No. 085263)
JOHN M. RAPPAPORT (State Bar No. 254459)
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
Los Angeles, CA 90071-1560
Telephone:
[phone]
Facsimile:
[phone]
MICHELLE FRIEDLAND (State Bar No. 234124)
MUNGER, TOLLES & OLSON LLP
560 Mission Street, 27th Floor
San Francisco, CA 94105-2907
Telephone:
[phone]
Facsimile:
[phone]

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CHARLES F. ROBINSON (State Bar No. 113197)
KAREN J. PETRULAKIS (State Bar No. 168732)
MARGARET L. WU (State Bar No. 184167)
OFFICE OF THE GENERAL COUNSEL
UNIVERSITY OF CALIFORNIA
1111 Franklin Street
Oakland, CA 94607
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants
THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA; MARK G. YUDOF; MARYE
ANNE FOX; GARY MATTHEWS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO/OAKLAND DIVISION

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CASE NO. C12-01978 RS

TIMOTHY WHITE, ROBERT L. BETTINGER, and
MARGARET SCHOENINGER,

STIPULATION FOR ENTRY
OF PRELIMINARY
INJUNCTION; [PROPOSED]
PRELIMINARY INJUNCTION

Plaintiffs,
vs.
THE UNIVERSITY OF CALIFORNIA; THE REGENTS
OF THE UNIVERSITY OF CALIFORNIA; MARK G.
YUDOF, in his individual and official capacity as
President of the University; MARYE ANNE FOX, in her
individual and official capacity as Chancellor of the
University of California, San Diego; GARY
MATTHEWS, in his individual and official capacity as
Vice Chancellor of the University of California, San
Diego; and DOES 1-50, inclusive,
Defendants.

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STIPULATION FOR PRELIMINARY INJUNCTION;
[PROPOSED] PRELIMINARY INJUNCTION
CASE NO. C12-01978 RS

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STIPULATION
1.

enjoining Defendants University of California, The Regents of the University of California, Mark
G. Yudof, Marye Anne Fox, Gary Matthews, Does 1-50, their employees, agents, servants,
assigns, and all those acting in concert with them, including but not limited to, the San Diego
Archaeological Center, from “changing in any manner the current condition and location of the
La Jolla Skeletons, and associated funerary objects.” The Court noted that “[i]n the highly
unlikely event that a natural disaster or other act of God requires the University to relocate the
Skeletons for the sake of preservation, contrary to defendants’ concern, a finding of contempt is
not a realistic prospect.” (Docket No. 19.)
2.

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To avoid burdening the Court and the parties with proceedings on an order to show

cause, Defendants are willing to stipulate to this Court’s entry of a preliminary injunction with the
same terms as the TRO.
THEREFORE, the parties stipulate to the entry of a preliminary injunction with the same
terms as the TRO, as follows:

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On April 27, 2012, this Court entered a temporary restraining order (“TRO”)

The Regents of the University of California, Mark G. Yudof, Marye Anne Fox,
Gary Matthews, Does 1-50, their employees, agents, servants, assigns, and all those acting
in concert with them, including but not limited to, the San Diego Archaeological Center,
ARE HEREBY ENJOINED AND RESTRAINED until entry of judgment in this action
from changing in any manner the current condition and location of the La Jolla Skeletons,
and associated funerary objects.
IT IS SO STIPULATED.

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DATED: May 4, 2012

McMANIS FAULKNER

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/s/ Elizabeth Pipkin
ELIZABETH PIPKIN

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Attorneys for Petitioners and Plaintiffs

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-117344922.1

STIPULATION FOR PRELIMINARY INJUNCTION;
[PROPOSED] PRELIMINARY INJUNCTION
CASE NO. C12-01978 RS

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DATED: May 4, 2012

MUNGER, TOLLES & OLSON LLP

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/s/ Michelle T. Friedland
MICHELLE T. FRIEDLAND

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Attorneys for Respondents and Defendants

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[PROPOSED] PRELIMINARY INJUNCTION
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The Court has considered the parties’ stipulation for entry of a preliminary injunction.
Pursuant to the parties’ stipulation and good cause appearing, THE COURT NOW ENTERS
THE FOLLOWING PRELIMINARY INJUNCTION:
Defendants The Regents of the University of California, Mark G. Yudof, Marye Anne
Fox, Gary Matthews, Does 1-50, their employees, agents, servants, assigns, and all those acting
in concert with them, including but not limited to, the San Diego Archaeological Center, ARE
HEREBY ENJOINED AND RESTRAINED until entry of judgment in this action from
changing in any manner the current condition and location of the La Jolla Skeletons, and
associated funerary objects.

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IT IS SO ORDERED.

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5/7/12
Dated: _______________
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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GENERAL ORDER 45 ATTESTATION

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In compliance with General Order 45, X.B., I, Michelle Friedland, the filer of this

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document, hereby attest that all the above counsel concurred in this filing.

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-217344922.1

STIPULATION FOR PRELIMINARY INJUNCTION;
[PROPOSED] PRELIMINARY INJUNCTION
CASE NO. C12-01978 RS

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DATED: May 4, 2012

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By:

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/s/ Michelle Friedland
MICHELLE FRIEDLAND

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-317344922.1

STIPULATION FOR PRELIMINARY INJUNCTION;
[PROPOSED] PRELIMINARY INJUNCTION
CASE NO. C12-01978 RS