White et al v. University of California et al

Filing 61

STIPULATION AND ORDER RE 60 FOR INJUNCTION PENDING APPEAL. Signed by Judge Richard Seeborg on 10/25/12. (cl, COURT STAFF) (Filed on 10/25/2012)

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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.

Case No. C 12-01978 (RS)

STIPULATION FOR INJUNCTION
PENDING APPEAL; [PROPOSED]
ORDER

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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,
Respondents and Defendants.

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STIPULATION FOR INJUNCTION PENDING APPEAL; [PROPOSED] ORDER, Case No. C 1201978 (RS)

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STIPULATION

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WHEREAS, on or about October 17, 2012, this Court entered a stipulated Preliminary

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

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Pradeep K. Khosla, Gary Matthews, Does 1-50, their employees, agents, servants, assigns, and

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all those acting in concert with them, including but not limited to, the San Diego Archaeological

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

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Skeletons, and associated funerary objects, until 30 days from the date judgment is entered in

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this action.”

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WHEREAS, judgment was entered in this action on or about October 17, 2012.
THEREFORE, to avoid burdening this Court with a motion for a further injunction
pending appeal, THE PARTIES HEREBY STIPULATE AS FOLLOWS:
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, while this action is pending

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on appeal before the Ninth Circuit Court of Appeals, until 30 days after the Ninth Circuit’s

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issuance of mandate.

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IT IS SO STIPULATED.
DATED: October 24, 2012

McMANIS FAULKNER

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

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DATED: October 24, 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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STIPULATION FOR INJUNCTION PENDING APPEAL; [PROPOSED] ORDER, Case No. C 1201978 (RS)

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[PROPOSED] ORDER EXTENDING PRELIMINARY INJUNCTION
The Court has considered the parties’ Stipulation for Injunction Pending Appeal.

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Pursuant to the parties’ stipulation and good cause appearing, THE COURT NOW ENTERS

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THE FOLLOWING ORDER:

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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, while this action is pending

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on appeal before the Ninth Circuit Court of Appeals, until 30 days after the Ninth Circuit’s

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issuance of mandate.

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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,

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

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STIPULATION FOR INJUNCTION PENDING APPEAL; [PROPOSED] ORDER, Case No. C 1201978 (RS)