White et al v. University of California et al

Filing 58

STIPULATION AND ORDER RE 57 EXTENDING PRELIMINARY INJUNCTION. Signed by Judge Richard Seeborg on 10/17/12. (cl, COURT STAFF) (Filed on 10/17/2012)

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JAMES McMANIS (40958)
CHRISTINE PEEK (234573)
LAUREN COATNEY (283593)
McMANIS FAULKNER
A Professional Corporation
50 West San Fernando Street, 10th Floor
San Jose, California 95113
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorneys for Petitioners and Plaintiffs,
TIMOTHY WHITE,
ROBERT L. BETTINGER, and
MARGARET SCHOENINGER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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TIMOTHY WHITE, an individual; ROBERT
L. BETTINGER, an individual; and
MARGARET SCHOENINGER, an individual,

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Petitioners and Plaintiffs,
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vs.
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Case No. C 12-01978 (RS)

STIPULATION TO EXTEND
PRELIMINARY INJUNCTION;
[PROPOSED] ORDER EXTENDING
PRELIMINARY INJUNCTION

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; KUMEYAAY
CULTURAL REPATRIATION COMMITTEE;
and DOES 1-50, inclusive,

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Respondents and Defendants.

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STIPULATION TO EXTEND PRELIMINARY INJUNCTION; [PROPOSED] ORDER EXTENDING
PRELIMINARY INJUNCTION, Case No. C 12-01978 (RS)
18979193.1

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STIPULATION

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WHEREAS, on or about May 7, 2012, this Court entered a Preliminary Injunction

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enjoining defendants, the Regents of the University of California, Mark G. Yudof, Marye Anne

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Fox, Gary Matthews, Does 1-50, their employees, agents, servants, assigns, and all those acting

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in concert with them, including but not limited to the San Diego Archaeological Center, from

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“changing in any manner the current condition and location of the La Jolla Skeletons, and

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associated funerary objects.”
WHEREAS, the Preliminary Injunction further provided that defendants are enjoined and

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restrained “until entry of judgment in this action.”
WHEREAS, on October 9, 2012, this Court granted defendants’ motion to dismiss this

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action.

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WHEREAS, judgment has not yet been entered.

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THEREFORE, to avoid burdening this Court with an immediate motion for a further

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injunction, THE PARTIES HEREBY STIPULATE AS FOLLOWS:
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The Regents of the University of California, Mark G. Yudof, Pradeep K. Khosla, Gary

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Matthews, Does 1-50, their employees, agents, servants, assigns, and all those acting in concert

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with them, including but not limited to, the San Diego Archaeological Center, ARE HEREBY

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ENJOINED AND RESTRAINED from changing in any manner the current condition and

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location of the La Jolla Skeletons, and associated funerary objects, until 30 days from the date

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judgment is entered in this action.

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IT IS SO STIPULATED.
DATED: October 16, 2012

McMANIS FAULKNER

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/s/ Christine Peek
CHRISTINE PEEK
Attorneys for Petitioners and Plaintiffs

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1 Pradeep K. Khosla has succeeded Marye Anne Fox as Chancellor and is therefore automatically substituted as
defendant in the official-capacity claims against her. Fed. R. Civ. P. 25(d).

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STIPULATION TO EXTEND PRELIMINARY INJUNCTION; [PROPOSED] ORDER EXTENDING
PRELIMINARY INJUNCTION, Case No. C 12-01978 (RS)
18979193.1

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DATED: October 16, 2012

MUNGER, TOLLES & OLSON LLP

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/s/ Michelle T. Friedland
MICHELLE T. FRIEDLAND
Attorneys for Respondents and Defendants

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[PROPOSED] ORDER EXTENDING PRELIMINARY INJUNCTION

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The Court has considered the parties’ stipulation to extend the Preliminary Injunction

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entered on May 7, 2012. Pursuant to the parties’ stipulation and good cause appearing, THE

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COURT NOW ENTERS THE FOLLOWING ORDER:
The Regents of the University of California, Mark G. Yudof, Pradeep K. Khosla, Gary

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Matthews, Does 1-50, their employees, agents, servants, assigns, and all those acting in concert

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with them, including but not limited to, the San Diego Archaeological Center, ARE HEREBY

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ENJOINED AND RESTRAINED from changing in any manner the current condition and

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location of the La Jolla Skeletons, and associated funerary objects, until 30 days from the date

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judgment is entered in this action.

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IT IS SO ORDERED.

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DATED: October ____, 2012

________________________________
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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GENERAL ORDER 45 ATTESTATION
In compliance with General Order 45, X.B., I, Christine Peek, the filer of this document, hereby

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attest that all the above counsel concurred in this filing.

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/s/ Christine Peek
CHRISTINE PEEK
Attorneys for Petitioners and Plaintiffs

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STIPULATION TO EXTEND PRELIMINARY INJUNCTION; [PROPOSED] ORDER EXTENDING
PRELIMINARY INJUNCTION, Case No. C 12-01978 (RS)
18979193.1