National Abortion Federation v. Center for Medical Progress et al

Filing 409

ORDER DIRECTING COMPLIANCE WITH PRELIMINARY INJUNCTION AND ORDER TO SHOW CAUSE RE CONTEMPT - Hearing set for 6/14/2017 02:00 PM. Plaintiffs' response in support of contempt allegations shall be filed by May 31, 2017. Defense and Criminal Counsel Responses due by 6/7/2017. Signed by Judge William H. Orrick on 05/25/2017. (jmdS, COURT STAFF) (Filed on 5/25/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NATIONAL ABORTION FEDERATION,
et al.,

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United States District Court
Northern District of California

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Plaintiffs,
v.
CENTER FOR MEDICAL PROGRESS, et
al.,

Case No. 15-cv-03522-WHO
ORDER DIRECTING COMPLIANCE
WITH PRELIMINARY INJUNCTION
AND ORDER TO SHOW CAUSE RE
CONTEMPT

Defendants.
Defendants David Daleiden and CMP are covered by the Preliminary Injunction issued in
this case. Docket No. 354. That injunction prevents Daleiden and CMP from:
(1) publishing or otherwise disclosing to any third party any video,
audio, photographic, or other recordings taken, or any confidential
information learned, at any NAF annual meetings;
2) publishing or otherwise disclosing to any third party the dates or
locations of any future NAF meetings; and
(3) publishing or otherwise disclosing to any third party the names
or addresses of any NAF members learned at any NAF annual
meetings.
Preliminary Injunction, Dkt. No. 354, at 42.

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Daleiden’s counsel in a separate criminal case have apparently obtained copies of the
recordings at issue and are posting YouTube links to some or all of those recordings on counsel’s
website. Daleiden’s criminal counsel have also apparently published on their website the names

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of at least eleven NAF members who were subjects of those recordings. Upon receiving a letter
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from plaintiffs’ counsel containing these serious allegations of an intentional violation of the
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Preliminary Injunction, I set a telephonic hearing at 4:00 p.m. today, directing Daleiden to
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participate and inviting his criminal counsel to participate. Neither Deleiden nor his criminal
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counsel participated in the hearing, during which Ms. Short, civil counsel for Daleiden, confirmed
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the accuracy of plaintiffs’ allegations.
To protect the integrity of the Preliminary Injunction and given the significant privacy

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concerns at stake, Daleiden is hereby ORERED to require his counsel – Steve Cooley and

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Brentford J. Ferreira of Steve Cooley & Associates and all those working with or for his counsel –

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IMMEDIATELY to take down from their website all links to recordings covered by the

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Preliminary Injunction and remove all references to the identities of any NAF members who were

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subjects of the recordings covered by the Preliminary Injunction. Daleiden and his counsel are

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also ORDERED IMMEDIATELY to undertake all efforts to remove from YouTube the

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recordings covered by the Preliminary Injunction. If Daleiden, his counsel, or any defendant in
this action or their counsel has caused any of the information covered by the Preliminary

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United States District Court
Northern District of California

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Injunction to be published or posted in any other manner since entry of the Preliminary Injunction,

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they are ORDERED IMMEDIATELY to take it down.

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An ORDER TO SHOW CAUSE hearing is set on June 14, 2017 at 2:00 p.m. to consider

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whether to impose contempt sanctions or other remedies on CMP, Daleiden, and/or Daleiden’s

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criminal counsel for the apparent violation of the Court’s Preliminary Injunction Order. Plaintiffs’

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response in support of contempt sanctions or other remedies should be filed on or before May 31,

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2017. Defendants’ responses shall be filed on or before June 7, 2017. Daleiden’s criminal

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counsel’s response shall be filed on or before June 7, 2017.

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Counsel for plaintiffs shall email, fax (if applicable), and personally serve a copy of this

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Order on Daleiden’s criminal counsel, Steve Cooley and Brentford J. Ferreira of Steve Cooley &

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Associates. Daleiden, Steve Cooley, and Brentford J. Ferreira are HEREBY ORDERED to appear

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in person at the June 14, 2017 hearing on the Order to Show Cause.

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IT IS SO ORDERED.
Dated: May 25, 2017

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William H. Orrick
United States District Judge

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