Doe et al v. Harris et al

Filing 48

STIPULATION AND ORDER re Extension of Temporary Restraining Order and Briefing and Hearing Schedule for Plaintiffs' Motion for a Preliminary Injunction. Responses due by 11/26/2012. Replies due by 12/3/2012. Motion Hearing set for 12/17/2012 10:00 AM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 11/14/2012. (tmi, COURT STAFF) (Filed on 11/14/2012)

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1 2 3 4 5 6 7 8 KAMALA D. HARRIS Attorney General of California PETER K. SOUTHWORTH Supervising Deputy Attorney General ROBERT D. WILSON Deputy Attorney General State Bar No. 136736 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 327-7870 Fax: (916) 324-8835 E-mail: Attorneys for Kamala D. Harris, Attorney General of California 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 JOHN DOE, JACK ROE, AND CALIFORNIA REFORM SEX OFFENDER LAWS, ON BEHALF OF THEMSELVES AND OTHERS SIMILARLY SITUATED, 16 17 18 19 20 v. Case No. 3:12-cv-05713-TEH [PROPOSED] ORDER RE EXTENSION OF TEMPORARY RESTRAINING ORDER AND BRIEFING AND Plaintiffs, HEARING SCHEDULE REGARDING PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION Courtroom: Judge: 12 The Honorable Thelton E. Henderson Trial Date: Not Set Action Filed: November 6, 2012 KAMALA D. HARRIS, ATTORNEY GENERAL OF CALIFORNIA, AND CITY OF ALAMEDA, Defendants. 21 22 23 On November 7, 2012, this Court granted Plaintiffs’ request for a temporary restraining 24 order (“TRO”) pending a hearing on a motion whether a preliminary injunction should issue 25 against Defendant Kamala D. Harris, California Attorney General (the “Attorney General”) in 26 this action. In issuing the order, the Court invited the parties to meet and confer to attempt to 27 reach an agreement on an extension of the TRO and a briefing and hearing schedule on the 28 Motion for a Preliminary Injunction. The parties, through their respective counsel, have met and 1 [PROPOSED] ORDER RE TRO AND SCHEDULE FOR MOTION FOR PRELIMINARY INJUNCTION(3:12-cv-05713-TEH) 1 conferred and have reached an agreement regarding the continuance of the TRO, the briefing and 2 hearing schedule for Plaintiffs’ Motion for Preliminary Injunction, and other issues. 3 IT IS THEREFORE ORDERED THAT: 4 5 CLASS CERTIFICATION 1. Plaintiffs’ Motion for a Preliminary Injunction will be resolved without litigating the 6 issue of class certification at this time and without prejudice to the Attorney General to later 7 challenge class certification. 8 9 SCOPE AND EXTENSION OF TEMPORARY RESTRAINING ORDER 2. Pursuant to the stipulation of the parties, the TRO and any preliminary injunctive 10 relief granted by the Court will apply both to the named Plaintiffs and to all persons who are 11 required to register under California Penal Code § 290, including those whose duty to register 12 arises during the pendency of the TRO and any preliminary injunctive relief. 13 3. The application of the TRO to “all California state and local law enforcement 14 officers” shall be deleted. However, the California Department of Justice and local law 15 enforcement will not require registrants to submit the information covered by the TRO so long as 16 the TRO remains in effect. 17 4. The parties agree that the TRO, as modified by this stipulation, shall remain in effect 18 until the Court issues its ruling on Plaintiffs’ Motion for a Preliminary Injunction or January 11, 19 2013, whichever occurs first. 20 21 PLAINTIFFS’ MOTION TO PROCEED ANONYMOUSLY AND FILE UNDER SEAL 5. If Plaintiffs are permitted to proceed anonymously, Plaintiffs will provide the 22 Attorney General with the names and dates-of-birth of Plaintiffs Doe and Roe under a stipulated 23 protective order that prohibits her from publicizing or disseminating this information to any other 24 person or entity, including local law-enforcement agencies, or from using it for any purpose other 25 than defending this litigation, so that the Attorney General may evaluate their standing to bring 26 this case. 27 28 2 [PROPOSED] ORDER RE TRO AND SCHEDULE FOR MOTION FOR PRELIMINARY INJUNCTION(3:12-cv-05713-TEH) 1 2 FACIAL CHALLENGE TO PROPOSITION 35 6. Pursuant to the agreement of the parties, Plaintiffs will litigate this matter only as a 3 facial challenge until further notice, in which case the Attorney General will not take any 4 discovery from Plaintiffs Doe or Roe without leave of court. If Plaintiffs later raise an as-applied 5 challenge to Proposition 35, they will provide the Attorney General with at least 45 days notice 6 before filing any motion or other paper with the Court that raises such a challenge, so that the 7 Attorney General may take any appropriate discovery. 8 9 SCHEDULING OF MOTION FOR PRELIMINARY INJUNCTION 7. The hearing on the preliminary injunction shall be set for December 17, 2012, at 10 10:00 a.m. The Attorney General’s opposition papers shall be filed by November 26, 2012. 11 Plaintiffs shall file any reply papers by December 3, 2012. 12 8. The proponents of Proposition 35 have filed a Motion to Intervene in this action. 13 Consistent with the requirement in the TRO that any brief by Defendant-Intervenors be filed at 14 the same time as the Attorney General, if permitted to intervene, the proponents of Proposition 35 15 shall file any opposition papers by the stipulated due date of the Attorney General’s opposition 16 papers, November 26, 2012. 17 UNIT ED R NIA By _____________________________________ HONORABLE THELTON E. HENDERSON H LI RT ER erson E. Hend 23 24 FO NO 22 helton Judge T A 21 14 Dated: November ________, 2012 RT U O 19 20 ISTRIC ES D TC AT T PURSUANT TO STIPULATION, IT IS SO ORDERED S 18 N F D IS T IC T O R C 25 26 27 28 3 [PROPOSED] ORDER RE TRO AND SCHEDULE FOR MOTION FOR PRELIMINARY INJUNCTION(3:12-cv-05713-TEH)

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