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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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: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Kamala D. Harris,
Attorney General of California

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOHN DOE, JACK ROE, AND
CALIFORNIA REFORM SEX OFFENDER
LAWS, ON BEHALF OF THEMSELVES AND
OTHERS SIMILARLY SITUATED,

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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:

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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.

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On November 7, 2012, this Court granted Plaintiffs’ request for a temporary restraining

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order (“TRO”) pending a hearing on a motion whether a preliminary injunction should issue

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against Defendant Kamala D. Harris, California Attorney General (the “Attorney General”) in

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this action. In issuing the order, the Court invited the parties to meet and confer to attempt to

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reach an agreement on an extension of the TRO and a briefing and hearing schedule on the

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Motion for a Preliminary Injunction. The parties, through their respective counsel, have met and
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[PROPOSED] ORDER RE TRO AND SCHEDULE FOR MOTION FOR PRELIMINARY
INJUNCTION(3:12-cv-05713-TEH)

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conferred and have reached an agreement regarding the continuance of the TRO, the briefing and

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hearing schedule for Plaintiffs’ Motion for Preliminary Injunction, and other issues.

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IT IS THEREFORE ORDERED THAT:

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CLASS CERTIFICATION
1.

Plaintiffs’ Motion for a Preliminary Injunction will be resolved without litigating the

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issue of class certification at this time and without prejudice to the Attorney General to later

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challenge class certification.

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SCOPE AND EXTENSION OF TEMPORARY RESTRAINING ORDER
2.

Pursuant to the stipulation of the parties, the TRO and any preliminary injunctive

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relief granted by the Court will apply both to the named Plaintiffs and to all persons who are

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required to register under California Penal Code § 290, including those whose duty to register

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arises during the pendency of the TRO and any preliminary injunctive relief.

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3.

The application of the TRO to “all California state and local law enforcement

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officers” shall be deleted. However, the California Department of Justice and local law

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enforcement will not require registrants to submit the information covered by the TRO so long as

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the TRO remains in effect.

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4.

The parties agree that the TRO, as modified by this stipulation, shall remain in effect

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until the Court issues its ruling on Plaintiffs’ Motion for a Preliminary Injunction or January 11,

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2013, whichever occurs first.

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PLAINTIFFS’ MOTION TO PROCEED ANONYMOUSLY AND FILE UNDER SEAL
5.

If Plaintiffs are permitted to proceed anonymously, Plaintiffs will provide the

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Attorney General with the names and dates-of-birth of Plaintiffs Doe and Roe under a stipulated

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protective order that prohibits her from publicizing or disseminating this information to any other

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person or entity, including local law-enforcement agencies, or from using it for any purpose other

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than defending this litigation, so that the Attorney General may evaluate their standing to bring

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this case.

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[PROPOSED] ORDER RE TRO AND SCHEDULE FOR MOTION FOR PRELIMINARY
INJUNCTION(3:12-cv-05713-TEH)

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FACIAL CHALLENGE TO PROPOSITION 35
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Pursuant to the agreement of the parties, Plaintiffs will litigate this matter only as a

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facial challenge until further notice, in which case the Attorney General will not take any

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discovery from Plaintiffs Doe or Roe without leave of court. If Plaintiffs later raise an as-applied

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challenge to Proposition 35, they will provide the Attorney General with at least 45 days notice

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before filing any motion or other paper with the Court that raises such a challenge, so that the

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Attorney General may take any appropriate discovery.

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SCHEDULING OF MOTION FOR PRELIMINARY INJUNCTION
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The hearing on the preliminary injunction shall be set for December 17, 2012, at

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10:00 a.m. The Attorney General’s opposition papers shall be filed by November 26, 2012.

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Plaintiffs shall file any reply papers by December 3, 2012.

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8.

The proponents of Proposition 35 have filed a Motion to Intervene in this action.

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Consistent with the requirement in the TRO that any brief by Defendant-Intervenors be filed at

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the same time as the Attorney General, if permitted to intervene, the proponents of Proposition 35

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shall file any opposition papers by the stipulated due date of the Attorney General’s opposition

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papers, November 26, 2012.

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UNIT
ED

R NIA

By _____________________________________
HONORABLE THELTON E. HENDERSON

H

LI

RT

ER

erson

E. Hend

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FO

NO

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helton
Judge T

A

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Dated: November ________, 2012

RT
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O

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ISTRIC
ES D
TC
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PURSUANT TO STIPULATION, IT IS SO ORDERED
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D IS T IC T O
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[PROPOSED] ORDER RE TRO AND SCHEDULE FOR MOTION FOR PRELIMINARY
INJUNCTION(3:12-cv-05713-TEH)