Los Angeles Times Communications LLC v. Kernan, et al.

Filing 1

COMPLAINT for Declaratory and Injunctive Relief [42 U.S.C. § 1983] against Scott Kernan, Ronald Davis ( Filing fee $ 400, receipt number 0971-12263369.). Filed byLos Angeles Times Communications LLC, San Francisco Progressive Media Center, KQED, Inc. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Krishnan, Ajay) (Filed on 4/11/2018)

CIVIL COVER SHEET

JS 44 (Rev. 06/17)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS
LOS ANGELES TIMES COMMUNICATIONS LLC, KQED, INC.,
SAN FRANCISCO PROGRESSIVE MEDIA CENTER
Los Angeles

(b) County of Residence of First Listed Plaintiff

DEFENDANTS
SCOTT KERNAN, Secretary of the California Department of
Corrections and Rehabilitation; RONALD DAVIS, Warden of the
California State Prison at San Quentin
County of Residence of First Listed Defendant Sacramento

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)
NOTE:

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)
(c) Attorneys (Firm Name, Address, and Telephone Number)
KEKER, VAN NEST & PETERS LLP (additional counsel in complaint)
Ajay S. Krishnan, Benjamin Berkowitz, Christopher S. Sun
633 Battery St., San Francisco, CA 94111 [phone]
II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES
(For Diversity Cases Only)
PTF
Citizen of This State
1

1 U.S. Government
Plaintiff

3 Federal Question
(U.S. Government Not a Party)

2 U.S. Government
Defendant

4 Diversity
(Indicate Citizenship of Parties in Item III)

Citizen of Another State
Citizen or Subject of a
Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT
120 Marine

310 Airplane

130 Miller Act

315 Airplane Product
Liability

140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY

440 Other Civil Rights
441 Voting

230 Rent Lease & Ejectment

443 Housing/
Accommodations

245 Tort Product Liability
290 All Other Real Property

BANKRUPTCY

OTHER STATUTES

422 Appeal 28 USC 158

375 False Claims Act

423 Withdrawal
28 USC 157

376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking

830 Patent
835 Patent - Abbreviated
New Drug Application

450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit

840 Trademark
SOCIAL SECURITY

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations

864 SSID Title XVI

850 Securities/Commodities/
Exchange
890 Other Statutory Actions

751 Family and Medical
Leave Act
790 Other Labor Litigation

PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee

861 HIA (1395ff)

740 Railway Labor Act

380 Other Personal
Property Damage
385 Property Damage
Product Liability

865 RSI (405(g))

891 Agricultural Acts

791 Employee Retirement
Income Security Act
IMMIGRATION

510 Motions to Vacate
Sentence
530 General

445 Amer. w/DisabilitiesEmployment
446 Amer. w/DisabilitiesOther
448 Education

3

820 Copyrights

371 Truth in Lending

442 Employment

240 Torts to Land

2

3

PROPERTY RIGHTS

370 Other Fraud

355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS

220 Foreclosure

625 Drug Related Seizure
of Property 21 USC 881
690 Other

Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY

345 Marine Product
Liability
350 Motor Vehicle

210 Land Condemnation

FORFEITURE/PENALTY

365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury

320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine

1

Click here for: Nature of Suit Code Descriptions.

TORTS
PERSONAL INJURY
PERSONAL INJURY

110 Insurance

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State
Incorporated and Principal Place
5
5
of Business In Another State
6
6
Foreign Nation

DEF

2

(Place an “X” in One Box for Plaintiff

490 Cable/Sat TV

862 Black Lung (923)
863 DIWC/DIWW (405(g))

893 Environmental Matters

FEDERAL TAX SUITS

895 Freedom of Information
Act
896 Arbitration

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS—Third Party
26 USC 7609

899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

462 Naturalization Application

535 Death Penalty
Other:
540 Mandamus & Other

465 Other Immigration
Actions

550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

V. ORIGIN (Place an “X” in One Box Only)
1 Original
Proceeding

2 Removed from
State Court

3 Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District

6 Multidistrict
LitigationTransfer

(specify)

8 Multidistrict
Litigation Direct File

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION

42 United States Code Section 1983
Brief description of cause:

This is an action against State officials for violation of Plaintiffs' First Amendment rights.
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE

April 11, 2018

CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.

(See instructions):
JUDGE

DEMAND $

$0 (injunction/
declaration only)

Hon. Richard Seeborg

SIGNATURE OF ATTORNEY OF RECORD

CHECK YES only if demanded in complaint:
JURY DEMAND:
Yes
No

DOCKET NUMBER

3:06-cv-00219-RS

/s/Ajay S. Krishnan
American LegalNet, Inc.
www.FormsWorkFlow.com

FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

American LegalNet, Inc.
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