Case: Haskell v. Brown

3:09-cv-04779 | U.S. District Court for the Northern District of California

Filed Date: Oct. 6, 2009

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On October 6, 2009, two individuals who had their DNA collected pursuant to a California statute filed this class action lawsuit in the U.S. District Court for the Northern District of California under 42 U.S.C. § 1983. Plaintiffs challenged a provision of California law which mandates the DNA collection of any individual arrested for or charged with a felony. The plaintiffs, represented by public interest counsel, sought declaratory and injunctive relief, and claimed that the practice violates…

On October 6, 2009, two individuals who had their DNA collected pursuant to a California statute filed this class action lawsuit in the U.S. District Court for the Northern District of California under 42 U.S.C. § 1983. Plaintiffs challenged a provision of California law which mandates the DNA collection of any individual arrested for or charged with a felony. The plaintiffs, represented by public interest counsel, sought declaratory and injunctive relief, and claimed that the practice violates substantive and procedural Due Process, as well as the right to be free from unreasonable searches and seizures. Specifically, the plaintiffs claimed that the practice infringes on rights guaranteed by the Fourth and Fourteenth Amendments of the U.S. Constitution because it mandates the DNA collection of all persons arrested for a felony--without requiring a warrant or that the individual actually be charged with or convicted of a felony.

In 2004, California passed Proposition 69, which expanded the scope of the state's mandatory DNA collection laws, Cal. Penal Code. §§ 295 et seq. Prior to the enactment of Proposition 69, California law provided that only persons convicted of certain felonies were subject to the mandatory DNA testing program. Under the revised statute, which took effect on January 1, 2009, any individual arrested for a felony must provide their DNA for analysis and storage in a national database accessible by federal, state and local law enforcement agencies. Proposition 69 also eliminated language in the statute which provided for the automatic expungement of a person's DNA samples and database entries if that individual's conviction was reversed.

On December 1, 2009, the plaintiffs filed an amended complaint that added two more plaintiffs, bringing the total plaintiffs to four. None of the plaintiffs were convicted of charges related to the arrests which led to the collection of their DNA; three never had charges filed, and one had his case dismissed.

On December 23, 2009, the District Court (Judge Charles R. Breyer) denied the plaintiffs' motion for a preliminary injunction. Haskell v. Brown, 677 F. Supp. 2d 1187, 1190 (N.D. Cal. 2009), aff'd sub nom. Haskell v. Harris, 669 F.3d 1049 (9th Cir. 2012). The court found that although the plaintiffs had established that arrestees have greater privacy interests than convicted felons, they had failed to show that this interest outweighs the government's compelling interest in using arrestees' DNA to solve past crimes. The court reasoned that as a result, the plaintiffs had failed to establish a likelihood of success on the merits or that the balance of equities tipped in their favor.

On January 29, 2010--shortly after denying the plaintiffs' motion for a preliminary injunction--the District Court granted the motion for class certification. Minute Entry Granting Mot. for Class Certification. In doing so, the court adopted plaintiffs' proposed class description. This class description is "all persons who have been, are, or will be, compelled to submit to the search and seizure of their body tissue and DNA pursuant to California Penal Code § 296(a)(2)(C) solely because they have been arrested for, or charged with, a felony offense." Proposed Order Granting Mot. for Class Certification.

The plaintiffs appealed the District Court's denial of the preliminary injunction, but on February 23, 2012, a divided three-judge panel of the Ninth Circuit (Judge Milan D. Smith, Jr. writing for the majority) affirmed the District Court's denial of plaintiffs' motion for a preliminary injunction. Haskell v. Harris, 669 F.3d 1049, 1051 (9th Cir. 2012). The majority applied a "totality of the circumstances" test, balancing arrestees' privacy interests against the government's need for their DNA samples. The court concluded that "the Government's compelling interests far outweigh arrestees' privacy concerns," and affirmed on that basis. Id.

Judge William A. Fletcher filed a dissenting opinion, in which he analogized the collection of arrestees' DNA to taking their fingerprints. Judge Fletcher argued that because in the absence of a warrant or reasonable suspicion an arrestee's fingerprints may only be taken for identification purposes--and not solely for an investigative purpose--the same logic applied to the collection of an arrestee's DNA. Id. at 1066. Judge Fletcher felt that this made Proposition 69 unconstitutional, rendering the majority's "totality of the circumstances" test irrelevant. Id. at 1080. However, he also noted that if he were to apply that test, he would find the "strength of plaintiffs' privacy interests much stronger." Id.

After the Ninth Circuit panel affirmed the District Court's decision, the plaintiffs petitioned the Ninth Circuit to rehear the appeal en banc. On July 25, 2012, the Ninth Circuit granted rehearing en banc. Haskell v. Harris, 686 F.3d 1121 (9th Cir. 2012). After oral argument on the rehearing, the Ninth Circuit issued an order stating that it would not rule on the appeal until the U.S. Supreme Court decided a related issue in Maryland v. King. In that case, Maryland's DNA collection laws were being challenged.

In June 2013, the Supreme Court, by a vote of 5-4, held that Maryland's DNA collection laws were constitutional. The Ninth Circuit subsequently ordered both sides to submit supplemental briefs and scheduled additional oral argument for December 2013. Haskell v. Harris, 727 F.3d 916 (9th Cir. 2013).

On March 20, 2014, the en banc court affirmed the district court's denial of a preliminary injunction. In a per curiam opinion, the appeals court held that after Maryland v. King, California's DNA collection scheme was constitutional. Further, the appeals court declined the plaintiffs' request to enter a preliminary injunction applicable to only a smaller class consisting of individuals arrested for certain felonies not covered by King. Haskell v. Harris, 745 F.3d 1269 (9th Cir. 2014).

On July 18, 2014, the plaintiffs filed a motion to create subclasses. Proposed subclass A would include all persons arrested on suspicion of a felony but never charged with a

crime. Proposed subclass B would include only persons arrested for non-serious, non-violent felonies who were not actually charged.

On that same date, the state filed a motion for judgment on the pleadings, arguing that because California's DNA collection law was materially indistinguishable from the Maryland law upheld in King, neither the plaintiffs nor any possible class fell outside the wide parameters of King and the case was therefore over.

On December 3, 2014, however, the district court stayed the case pending final resolution of a similar challenge to California's DNA Act in state court. In April 2018, the California Supreme Court upheld the state's DNA Act under both federal and California law as to the felony arrestee in that case. People v. Buza, 4 Cal. 5th 658 (2018).

On June 22, 2018, Judge Breyer granted the state's motion for judgment on the pleadings and entered judgment for the state. Haskell v. Brown, 317 F. Supp. 3d 1095 (N.D. Cal. 2018). The court rejected the plaintiffs' proposed "rule" that would allow law enforcement to seize samples from all felony arrestees, but that would prevent law enforcement from analyzing those samples until a prosecutor has filed charges. Further, the court rejected the plaintiffs' arguments distinguishing King. First, the court explained that the plaintiffs understated the state's interests in taking, analyzing, and retaining DNA from people who are not charged with any offense or are discharged for lack of probable cause. Specifically, the court held that the state has a significant interest in the identification of arrestees, in accurately assessing the danger an arrestee poses to the public, and in exoneration. Second, the court noted that the individual interest was no different than that in King. Thus, in weighing the state's significant interest against the individual's modest interest, the court deemed the searches reasonable. Finally, the plaintiffs attempted to distinguish King based on three differences between the California and Maryland laws: (1)

arrestee DNA samples are analyzed before arraignment in California; (2) more crimes

qualify for mandatory DNA analysis in California; (3) records and samples are not

automatically expunged in California. The court held that none of these three differences were constitutionally significant.

The case is now closed.

Summary Authors

Greg in den Berken (3/5/2014)

Eva Richardson (1/26/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4176617/parties/haskell-v-brown/


Judge(s)

Breyer, Charles R. (California)

Fisher, Raymond C. (California)

Fletcher, William A. (California)

Gould, Ronald Murray (Washington)

Kozinski, Alex (California)

McKeown, M. Margaret (California)

Paez, Richard A. (California)

Pregerson, Harry (California)

Rawlinson, Johnnie B. (Nevada)

Smith, Milan Dale Jr. (California)

Judge(s)

Breyer, Charles R. (California)

Fisher, Raymond C. (California)

Fletcher, William A. (California)

Gould, Ronald Murray (Washington)

Kozinski, Alex (California)

McKeown, M. Margaret (California)

Paez, Richard A. (California)

Pregerson, Harry (California)

Rawlinson, Johnnie B. (Nevada)

Smith, Milan Dale Jr. (California)

Tallman, Richard C. (Washington)

Todd, James Dale (Tennessee)

Watford, Paul J. (California)

Attorneys(s) for Plaintiff

Chang, Sarah O (California)

Chao, Katharine (California)

Long, Eric Andrew (California)

Meier, Peter Clarence (California)

Risher , Michael Temple (California)

Attorneys(s) for Defendant

Camps, Enid A (California)

Kaiser, Sherri Sokeland (California)

Powell, Daniel J (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 8, 2018 Docket
1

Complaint for Declaratory and Injunctive Relief

Oct. 7, 2009 Complaint
56

First Amended Complaint for Declaratory and Injunctive Relief

Dec. 1, 2009 Complaint
78

Order Denying Motion for Preliminary Injunction

677 F.Supp.2d 1187

Dec. 23, 2009 Order/Opinion
81

Stipulation Dismissing Defendant Michael Hennessey Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii)

Jan. 7, 2010 Pleading / Motion / Brief
115

Opinion [by Ninth Circuit Panel Affirming Denial of Preliminary Injunction]

Haskell v. Harris

U. S. Court of Appeals for the Ninth Circuit

669 F.3d 1049

Feb. 23, 2012 Order/Opinion
171-1

Opinion [En Banc Affirming District Court's Denial of Preliminary Injunction]

Haskell v. Harris

U. S. Court of Appeals for the Ninth Circuit

745 F.3d 1269, 2014 WL 1063399

March 20, 2014 Order/Opinion
179

Order Granting Motion for Judgment on the Pleadings

317 F.Supp.3d 1095

June 22, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4176617/haskell-v-brown/

Last updated May 20, 2022, 3:18 a.m.

ECF Number Description Date Link

Case Referred to ECF

Oct. 6, 2009 PACER
1

COMPLAINT for Declaratory and Injunctive Relief against Edmund G. Brown, Jr, Michael Hennessey, Eva Steinberger. CLASS ACTION ( Filing fee $ 350, receipt number 34611037523.) SUMMONS ISSUED. Filed byElizabeth Aida Haskell, Reginald Ento. (mcl, COURT STAFF) (Filed on 10/6/2009) (Additional attachment(s) added on 10/15/2009: # 1 Exhibit A to Complaint, # 2 Civil cover sheet) (mcl, COURT STAFF). (Entered: 10/08/2009)

1 Exhibit A to Complaint

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2 Civil cover sheet

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Oct. 6, 2009 RECAP
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ADR SCHEDULING ORDER: Case Management Statement due by 1/15/2010. Case Management Conference set for 1/22/2010 08:30 AM. (Attachments: # 1 Standing Order)(mcl, COURT STAFF) (Filed on 10/6/2009) (Entered: 10/08/2009)

1 Standing Order

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Oct. 6, 2009 PACER
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Summons Issued as to Edmund G. Brown, Jr, Michael Hennessey, Eva Steinberger. (mcl, COURT STAFF) (Entered: 10/08/2009)

Oct. 7, 2009 PACER
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CERTIFICATE OF SERVICE by Reginald Ento, Elizabeth Aida Haskell re 3 Summons Issued Proof of Service of Summons and Complaint on Edmund G. Brown, Jr., Attorney General of California (Meier, Peter) (Filed on 10/14/2009) (Entered: 10/14/2009)

Oct. 14, 2009 RECAP
5

CERTIFICATE OF SERVICE by Reginald Ento, Elizabeth Aida Haskell re 3 Summons Issued Proof of Service of Summons and Complaint on Michael Hennessey, Sheriff, San Francisco County (Meier, Peter) (Filed on 10/14/2009) (Entered: 10/14/2009)

Oct. 14, 2009 RECAP
6

CERTIFICATE OF SERVICE by Reginald Ento, Elizabeth Aida Haskell re 3 Summons Issued Proof of Service of Summons and Complaint on Eva Steinberger, Assistant Bureau Chief for DNA Programs of California Department of Justice (Meier, Peter) (Filed on 10/14/2009) (Entered: 10/14/2009)

Oct. 14, 2009 RECAP
7

STIPULATION Extending Time to File Responsive Pleading and Setting Briefing Schedule by Edmund G. Brown, Jr, Eva Steinberger. (Powell, Daniel) (Filed on 10/26/2009) (Entered: 10/26/2009)

Oct. 26, 2009 PACER
8

Proposed Order re 7 Stipulation Extending Time to File Responsive Pleading and Setting Briefing Schedule by Edmund G. Brown, Jr, Eva Steinberger. (Powell, Daniel) (Filed on 10/26/2009) (Entered: 10/26/2009)

Oct. 26, 2009 PACER
9

ORDER re 7 Stipulation filed by Eva Steinberger, Edmund G. Brown, Jr., Set/Reset Deadlines as to 7 Stipulation. Responisve Pleading or Motion due by 11/23/2009.Responses due by 12/14/2009. Replies due by 12/21/2009. Motion Hearing set for 1/8/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 10/29/09. (be, COURT STAFF) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009 RECAP
10

STIPULATION on Scope of Any Preliminary Injunctive Relief by Reginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Proposed Order)(Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Proposed Order

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Oct. 30, 2009 PACER
11

STIPULATION Between Plaintiffs and Defendant Hennessey on Scope of Any Preliminary Injunctive Relief by Reginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Proposed Order)(Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Proposed Order

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Oct. 30, 2009 PACER
12

MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed by Reginald Ento, Elizabeth Aida Haskell. Motion Hearing set for 12/4/2009 10:00 AM. (Attachments: # 1 Proposed Order)(Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Proposed Order

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Oct. 30, 2009 PACER
13

Declaration of Peter Meier in Support of 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 12 ) (Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Oct. 30, 2009 PACER
14

Declaration of Michael Risher in Support of 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Related document(s) 12 ) (Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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Oct. 30, 2009 PACER
15

Declaration of Elizabeth Aida Haskell in Support of 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit 1)(Related document(s) 12 ) (Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Exhibit 1

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Oct. 30, 2009 PACER
16

Declaration of Reginald Ento in Support of 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Related document(s) 12 ) (Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009 PACER
17

Declaration of Bruce Budowle in Support of 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A)(Related document(s) 12 ) (Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Exhibit A

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Oct. 30, 2009 PACER
18

Declaration of Robert Nussbaum in Support of 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A)(Related document(s) 12 ) (Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Exhibit A

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Oct. 30, 2009 PACER
19

Declaration of Helen Wallace in Support of 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A)(Related document(s) 12 ) (Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Exhibit A

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Oct. 30, 2009 PACER
20

Declaration of Troy Duster in Support of 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A)(Related document(s) 12 ) (Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Exhibit A

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Oct. 30, 2009 PACER
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Declaration of Sara Huston Katsanis in Support of 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A)(Related document(s) 12 ) (Meier, Peter) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Exhibit A

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Oct. 30, 2009 PACER
22

ORDER Granting Stipulation Between Plaintiffs and Hennessey on Scope of any Preliminary Injuctive Relief re 11 Stipulation filed by Elizabeth Aida Haskell, Reginald Ento. Signed by Judge Charles R. Breyer on 10/30/09. (be, COURT STAFF) (Filed on 11/2/2009) (Entered: 11/02/2009)

Nov. 2, 2009 RECAP
23

ORDER Granting Stipulation on Scope of any Preliminary Injuctive Relief re 10 Stipulation filed by Elizabeth Aida Haskell, Reginald Ento. Signed by Judge Charles R. Breyer on October 30, 2009. (be, COURT STAFF) (Filed on 11/2/2009) (Entered: 11/02/2009)

Nov. 2, 2009 RECAP
24

Amended MOTION to Amend/Correct 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction Amended Notice of Motion for Preliminary Injunction filed by Reginald Ento, Elizabeth Aida Haskell. Motion Hearing set for 12/4/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Meier, Peter) (Filed on 11/6/2009) (Entered: 11/06/2009)

Nov. 6, 2009 PACER
25

CERTIFICATE OF SERVICE by Reginald Ento, Elizabeth Aida Haskell re 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction, 13 - 21 Declarations in support (Meier, Peter) (Filed on 11/6/2009) Modified on 11/9/2009 (mcl, COURT STAFF). (Entered: 11/06/2009)

Nov. 6, 2009 PACER
26

CERTIFICATE OF SERVICE by Reginald Ento, Elizabeth Aida Haskell re 24 Amended MOTION to Amend/Correct 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction Amended Notice of Motion for Preliminary Injunction. (Meier, Peter) (Filed on 11/6/2009) Modified on 11/9/2009 (mcl, COURT STAFF). (Entered: 11/06/2009)

Nov. 6, 2009 PACER
27

Memorandum in Opposition to 24 Motion for Preliminary Injunction filed byMichael Hennessey. (Kaiser, Sherri) (Filed on 11/13/2009) Modified on 11/16/2009 (mcl, COURT STAFF). (Entered: 11/13/2009)

Nov. 13, 2009 PACER
28

Memorandum in Opposition re 24 Amended MOTION to Amend/Correct 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction Amended Notice of Motion for Preliminary InjunctionAmended MOTION to Amend/Correct 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction Amended Notice of Motion for Preliminary Injunction filed byEdmund G. Brown, Jr, Eva Steinberger. (Attachments: # 1 Certificate of Service)(Powell, Daniel) (Filed on 11/13/2009) (Entered: 11/13/2009)

1 Certificate of Service

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Nov. 13, 2009 PACER
29

Declaration of Linton A. Von Beroldingen in Support of 28 Memorandum in Opposition,, filed byEdmund G. Brown, Jr, Eva Steinberger. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 28 ) (Powell, Daniel) (Filed on 11/13/2009) (Entered: 11/13/2009)

1 Exhibit 1

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3 Exhibit 3

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Nov. 13, 2009 PACER
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Declaration of Kenneth C. Konzak in Support of 28 Memorandum in Opposition,, filed byEdmund G. Brown, Jr, Eva Steinberger. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 28 ) (Powell, Daniel) (Filed on 11/13/2009) (Entered: 11/13/2009)

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4 Exhibit 4

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Nov. 13, 2009 PACER
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Declaration of Douglas R. Hares in Support of 28 Memorandum in Opposition,, filed byEdmund G. Brown, Jr, Eva Steinberger. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 28 ) (Powell, Daniel) (Filed on 11/13/2009) (Entered: 11/13/2009)

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Nov. 13, 2009 PACER
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Declaration of Denver District Attorney Mitchell R. Morrissey in Support of 28 Memorandum in Opposition,, filed byEdmund G. Brown, Jr, Eva Steinberger. (Attachments: # 1 Exhibit A)(Related document(s) 28 ) (Powell, Daniel) (Filed on 11/13/2009) (Entered: 11/13/2009)

1 Exhibit A

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Nov. 13, 2009 PACER
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Declaration of Daniel J. Powell in Support of 28 Memorandum in Opposition,, filed byEdmund G. Brown, Jr, Eva Steinberger. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 28 ) (Powell, Daniel) (Filed on 11/13/2009) (Entered: 11/13/2009)

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Nov. 13, 2009 PACER
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Declaration of Jayann Sepich in Support of 28 Memorandum in Opposition,, filed byEdmund G. Brown, Jr, Eva Steinberger. (Attachments: # 1 Exhibit A-E)(Related document(s) 28 ) (Powell, Daniel) (Filed on 11/13/2009) (Entered: 11/13/2009)

1 Exhibit A-E

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Nov. 13, 2009 PACER
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Declaration of Jeannine M. Willie in Support of 28 Memorandum in Opposition,, filed byEdmund G. Brown, Jr, Eva Steinberger. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3-4)(Related document(s) 28 ) (Powell, Daniel) (Filed on 11/13/2009) (Entered: 11/13/2009)

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Nov. 13, 2009 PACER
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Declaration of Branden C. Woods in Support of 28 Memorandum in Opposition,, filed byEdmund G. Brown, Jr, Eva Steinberger. (Related document(s) 28 ) (Powell, Daniel) (Filed on 11/13/2009) (Entered: 11/13/2009)

Nov. 13, 2009 PACER
37

STIPULATION Between Plaintiffs and Defendant Hennessey Extending Time to File Responsive Pleading and Setting Briefing Schedule by Reginald Ento, Elizabeth Aida Haskell. (Meier, Peter) (Filed on 11/17/2009) (Entered: 11/17/2009)

Nov. 17, 2009 PACER
38

Proposed Order re 37 Stipulation Between Plaintiffs and Defendant Hennessey Extending Time to File Responsive Pleading and Setting Briefing Schedule by Reginald Ento, Elizabeth Aida Haskell. (Meier, Peter) (Filed on 11/17/2009) (Entered: 11/17/2009)

Nov. 17, 2009 PACER
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ERRATA re 29 Declaration in Support, of Memorandum in Opposition by Edmund G. Brown, Jr, Eva Steinberger. (Powell, Daniel) (Filed on 11/18/2009) (Entered: 11/18/2009)

Nov. 18, 2009 PACER
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ORDER re 37 Stipulation filed by Elizabeth Aida Haskell, Reginald Ento, Set/Reset Deadlines as to 37 Stipulation. Responsive pleading or Motions due by 11/23/2009. Responses due by 12/14/2009. Replies due by 12/21/2009. Motion Hearing set for 1/15/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco. Signed by Judge Charles R. Breyer on 11/18/09. (be, COURT STAFF) (Filed on 11/18/2009) Modified on 11/19/2009 (mcl, COURT STAFF). (Entered: 11/18/2009)

Nov. 18, 2009 RECAP
41

Reply to Opposition re 24 Amended MOTION to Amend/Correct 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction Amended Notice of Motion for Preliminary InjunctionAmended MOTION to Amend/Correct 12 MOTION for Preliminary Injunction Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction Amended Notice of Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Meier, Peter) (Filed on 11/20/2009) (Entered: 11/20/2009)

Nov. 20, 2009 PACER
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Declaration of Christopher F. Gauger in Support of 41 Reply to Opposition,, filed byReginald Ento, Elizabeth Aida Haskell. (Related document(s) 41 ) (Meier, Peter) (Filed on 11/20/2009) (Entered: 11/20/2009)

Nov. 20, 2009 PACER
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Declaration of Brad D. Hall in Support of 41 Reply to Opposition,, filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A)(Related document(s) 41 ) (Meier, Peter) (Filed on 11/20/2009) (Entered: 11/20/2009)

1 Exhibit A

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Nov. 20, 2009 PACER
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Declaration of Jeffrey Patrick Lyons, Jr. in Support of 41 Reply to Opposition,, filed byReginald Ento, Elizabeth Aida Haskell. (Related document(s) 41 ) (Meier, Peter) (Filed on 11/20/2009) (Entered: 11/20/2009)

Nov. 20, 2009 PACER
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Declaration of Peter C. Meier in Support of 41 Reply to Opposition,, Supplemental Declaration of Peter C. Meier in Support of Plaintiff's Reply Brief Re: Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A)(Related document(s) 41 ) (Meier, Peter) (Filed on 11/20/2009) (Entered: 11/20/2009)

1 Exhibit A

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Nov. 20, 2009 PACER
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Declaration of Erin Murphy in Support of 41 Reply to Opposition,, filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 41 ) (Meier, Peter) (Filed on 11/20/2009) (Entered: 11/20/2009)

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Nov. 20, 2009 PACER
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Declaration of Helen Wallace in Support of 41 Reply to Opposition,, Supplemental Declaration of Helen Wallace in Support of Plaintiffs' Reply Brief Re: Motion for Preliminary Injunctiion filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A)(Related document(s) 41 ) (Meier, Peter) (Filed on 11/20/2009) (Entered: 11/20/2009)

1 Exhibit A

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Nov. 20, 2009 PACER
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Declaration of Michael T. Risher in Support of 41 Reply to Opposition,, Supplemental Declaration of Michael T. Risher in Support of Plaintiffs' Reply Brief Re: Motion for Preliminary Injunction filed byReginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 41 ) (Meier, Peter) (Filed on 11/20/2009) (Entered: 11/20/2009)

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Nov. 20, 2009 PACER
49

OBJECTIONS to Plaintiffs' Objections to Defendants' Evidence in Support of Defendants' Opposition to 12 Motiion for Preliminary Injunction by Reginald Ento, Elizabeth Aida Haskell. (Meier, Peter) (Filed on 11/20/2009) Modified on 11/23/2009 (mcl, COURT STAFF). (Entered: 11/20/2009)

Nov. 20, 2009 PACER
50

MOTION to Dismiss (FED. R. CIV. P. 12(b)(6)); Memorandum of Points and Authorities filed by Edmund G. Brown, Jr, Eva Steinberger. Motion Hearing set for 1/8/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Powell, Daniel) (Filed on 11/23/2009) (Entered: 11/23/2009)

Nov. 23, 2009 PACER
51

Joinder in 50 State Defendants' Motion to Dismiss, filed by Michael Hennessey. (Kaiser, Sherri) (Filed on 11/23/2009) Modified on 11/24/2009 (mcl, COURT STAFF). (Entered: 11/23/2009)

Nov. 23, 2009 PACER
52

Renotice motion hearing of 50 Motion and Motion to Dismiss (FED. R. CIV. P. 12(b)(6)); Memorandum of Points and Authorities filed byEdmund G. Brown, Jr, Eva Steinberger. Motion Hearing set for 1/15/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Powell, Daniel) (Filed on 11/23/2009) Modified on 11/24/2009 (mcl, COURT STAFF). (Entered: 11/23/2009)

Nov. 23, 2009 PACER
53

STIPULATION Re: Filing of First Amended Complaint by Reginald Ento, Elizabeth Aida Haskell. (Attachments: # 1 Proposed Order)(Meier, Peter) (Filed on 11/25/2009) (Entered: 11/25/2009)

1 Proposed Order

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Nov. 25, 2009 PACER
54

ORDER re 53 Stipulation filed by Elizabeth Aida Haskell, Reginald Ento, Motions terminated: 50 MOTION to Dismiss filed by Eva Steinberger, Edmund G. Brown, Jr.. Amended Pleadings due by 12/1/2009.. Signed by Judge Charles R. Breyer on 11/30/09. (be, COURT STAFF) (Filed on 12/1/2009) (Entered: 12/01/2009)

Dec. 1, 2009 RECAP
55

RESPONSE to re 49 Objection, by Edmund G. Brown, Jr, Eva Steinberger. (Attachments: # 1 Supplemental Declaration of Kenneth C. Konzak)(Powell, Daniel) (Filed on 12/1/2009) (Entered: 12/01/2009)

1 Supplemental Declaration of Kenneth C. Konzak

View on RECAP

Dec. 1, 2009 PACER
56

AMENDED COMPLAINT First Amended Complaint for Declaratory and Injunctive Relief against Edmund G. Brown, Jr, Michael Hennessey, Eva Steinberger. Filed byElizabeth Aida Haskell, Reginald Ento, Jeffrey Patrick Lyons, Jr, Aakash Desai. (Attachments: # 1 Exhibit A)(Meier, Peter) (Filed on 12/1/2009) Modified on 12/3/2009 (feriab, COURT STAFF). (Entered: 12/01/2009)

1 Exhibit A

View on PACER

Dec. 1, 2009 PACER
57

Certificate of Interested Entities by Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr, Aakash Desai (Meier, Peter) (Filed on 12/1/2009) (Entered: 12/01/2009)

Dec. 1, 2009 PACER
58

MOTION to Certify Class Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Class Certification filed by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. Motion Hearing set for 1/29/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Meier, Peter) (Filed on 12/1/2009) (Entered: 12/01/2009)

Dec. 1, 2009 PACER
59

Declaration of Peter C. Meier in Support of 58 MOTION to Certify Class Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Class Certification filed byAakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Attachments: # 1 Exhibit A, B, C, D)(Related document(s) 58 ) (Meier, Peter) (Filed on 12/1/2009) (Entered: 12/01/2009)

1 Exhibit A, B, C, D

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Dec. 1, 2009 PACER
60

Declaration of Michael T. Risher in Support of 58 MOTION to Certify Class Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Class Certification filed byAakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Related document(s) 58 ) (Meier, Peter) (Filed on 12/1/2009) (Entered: 12/01/2009)

Dec. 1, 2009 PACER
61

Declaration of Aakash Desai in Support of 58 MOTION to Certify Class Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Class Certification filed byAakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Related document(s) 58 ) (Meier, Peter) (Filed on 12/1/2009) (Entered: 12/01/2009)

Dec. 1, 2009 PACER
62

Declaration of Jeffrey Patrick Lyons, Jr. in Support of 58 MOTION to Certify Class Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Class Certification filed byAakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Related document(s) 58 ) (Meier, Peter) (Filed on 12/1/2009) (Entered: 12/01/2009)

Dec. 1, 2009 PACER
63

Proposed Order re 58 MOTION to Certify Class Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Class Certification Proposed Order Granting Motion for Class Certification by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Meier, Peter) (Filed on 12/1/2009) (Entered: 12/01/2009)

Dec. 1, 2009 PACER
64

ERRATA re 41 Reply to Opposition,, Errata to Plaintiffs' Reply Brief in Support of Motion for Preliminary Injunction by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Meier, Peter) (Filed on 12/2/2009) (Entered: 12/02/2009)

Dec. 2, 2009 PACER
65

STIPULATION Re: Evidence At December 4, 2009 Hearing on Plaintiffs' Motion for Preliminary Injunction by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Attachments: # 1 Proposed Order)(Meier, Peter) (Filed on 12/2/2009) (Entered: 12/02/2009)

1 Proposed Order

View on PACER

Dec. 2, 2009 PACER
66

ORDER granting re evidence at 12/4/09 hearing re 65 Stipulation, filed by Jeffrey Patrick Lyons, Jr., Aakash Desai, Elizabeth Aida Haskell, Reginald Ento. Signed by Judge Charles R. Breyer on 12/3/09. (be, COURT STAFF) (Filed on 12/4/2009) (Entered: 12/04/2009)

Dec. 4, 2009 RECAP
67

Minute Entry: Preliminary Injunction Hearing - Non-evidentiary held on 12/4/2009 before Charles R. Breyer (Date Filed: 12/4/2009). (Court Reporter Katherine Sullivan.) (be, COURT STAFF) (Date Filed: 12/4/2009) (Entered: 12/04/2009)

Dec. 4, 2009 PACER
68

MOTION Plaintiffs' Administrative Motion to Submit Post-Argument Citations to Record Without Argument (Local Rule 7-11) filed by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Attachments: # 1 Proposed Order)(Meier, Peter) (Filed on 12/7/2009) (Entered: 12/07/2009)

1 Proposed Order

View on PACER

Dec. 7, 2009 PACER
69

Declaration of Katharine Chao in Support of 68 MOTION Plaintiffs' Administrative Motion to Submit Post-Argument Citations to Record Without Argument (Local Rule 7-11) MOTION Plaintiffs' Administrative Motion to Submit Post-Argument Citations to Record Without Argument (Local Rule 7-11) filed byAakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Attachments: # 1 Exhibit)(Related document(s) 68 ) (Meier, Peter) (Filed on 12/7/2009) (Entered: 12/07/2009)

1 Exhibit

View on PACER

Dec. 7, 2009 PACER
70

[Proposed] Post-Argument Citations re 68 MOTION Plaintiffs' Administrative Motion to Submit Post-Argument Citations to Record Without Argument (Local Rule 7-11) MOTION Plaintiffs' Administrative Motion to Submit Post-Argument Citations to Record Without Argument (Local Rule 7-11) Plaintiffs' [Proposed] Post-Argument Citations to Record by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Meier, Peter) (Filed on 12/7/2009) Modified on 12/8/2009 (mcl, COURT STAFF). (Entered: 12/07/2009)

Dec. 7, 2009 PACER
71

ORDER by Judge Charles R. Breyer granting 68 Motion to submit post-argument citiaitons to record without argument. (be, COURT STAFF) (Filed on 12/10/2009) (Entered: 12/10/2009)

Dec. 10, 2009 PACER
72

STIPULATION Re: Deadline For Filing of Post-Argument Citations To Record Without Argument by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Meier, Peter) (Filed on 12/14/2009) (Entered: 12/14/2009)

Dec. 14, 2009 PACER
73

Statement Plaintiffs' Post-Argument Citations To Record by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Meier, Peter) (Filed on 12/14/2009) (Entered: 12/14/2009)

Dec. 14, 2009 PACER
74

Statement State Defendants' Post-Argument Citations by Edmund G. Brown, Jr, Eva Steinberger. (Powell, Daniel) (Filed on 12/14/2009) (Entered: 12/14/2009)

Dec. 14, 2009 PACER
75

Transcript of Proceedings held on 12/4/09, before Judge Charles R. Breyer. Court Reporter/Transcriber Katherine Powell Sullivan, CRR, Telephone number 415-794-6659/Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 3/15/2010. (Sullivan, Katherine) (Filed on 12/17/2009) (Entered: 12/17/2009)

Dec. 17, 2009 PACER
76

MOTION to Dismiss (Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities filed by Edmund G. Brown, Jr, Eva Steinberger. Motion Hearing set for 1/29/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Powell, Daniel) (Filed on 12/17/2009) (Entered: 12/17/2009)

Dec. 17, 2009 PACER
77

Joinder in 76 State Defendants' Motion to Dismiss by Michael Hennessey. (Kaiser, Sherri) (Filed on 12/18/2009) Modified on 12/21/2009 (mcl, COURT STAFF). (Entered: 12/18/2009)

Dec. 18, 2009 PACER
78

ORDER by Judge Charles R. Breyer denying 24, 12 Motion for Preliminary Injunction. (crblc2, COURT STAFF) (Filed on 12/23/2009) (Entered: 12/23/2009)

Dec. 23, 2009 RECAP
79

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Meier, Peter) (Filed on 1/4/2010) (Entered: 01/04/2010)

Jan. 4, 2010 PACER
80

ADR Clerks Notice Setting ADR Phone Conference on 1/20/2010 at 10:30 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (sgd, COURT STAFF) (Filed on 1/6/2010) (Entered: 01/06/2010)

Jan. 6, 2010 PACER
81

STIPULATION Dismissing Defendant Michael Hennessey by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Long, Eric) (Filed on 1/7/2010) (Entered: 01/07/2010)

Jan. 7, 2010 PACER
82

Statement Regarding 58 Plaintiffs' Motion for Class Certification by Edmund G. Brown, Jr, Eva Steinberger. (Powell, Daniel) (Filed on 1/8/2010) Modified on 1/11/2010 (mcl, COURT STAFF). (Entered: 01/08/2010)

Jan. 8, 2010 PACER
83

Memorandum in Opposition to 50 Motion to Dismiss filed byAakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Meier, Peter) (Filed on 1/8/2010) Modified on 1/11/2010 (mcl, COURT STAFF). (Entered: 01/08/2010)

Jan. 8, 2010 PACER
84

STIPULATION Continuing Date of Initial Case Management Conference; Proposed Order by Edmund G. Brown, Jr, Eva Steinberger. (Powell, Daniel) (Filed on 1/13/2010) (Entered: 01/13/2010)

Jan. 13, 2010 PACER
85

JOINT CASE MANAGEMENT STATEMENT and Joint Rule 26(f) Conference Report filed by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Long, Eric) (Filed on 1/15/2010) (Entered: 01/15/2010)

Jan. 15, 2010 PACER
86

Reply to Opposition re 58 MOTION to Certify Class Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion for Class Certification / Reply Brief in Support of Motion for Class Certification filed byAakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Long, Eric) (Filed on 1/15/2010) (Entered: 01/15/2010)

Jan. 15, 2010 PACER
87

Reply to Opposition re 76 Motion to Dismiss filed by Edmund G. Brown, Jr, Eva Steinberger. (Powell, Daniel) (Filed on 1/15/2010) Modified on 1/19/2010 (mcl, COURT STAFF). (Entered: 01/15/2010)

Jan. 15, 2010 PACER

Terminate Deadlines

Jan. 20, 2010 PACER

ADR Phone Conference held

Jan. 20, 2010 PACER
88

ORDER continuing CMC re 84 Stipulation filed by Eva Steinberger, Edmund G. Brown, Jr. Initial Case Management Conference set for 1/29/2010 10:00 AM.. Signed by Judge Charles R. Breyer on 1/15/2010. (be, COURT STAFF) (Filed on 1/20/2010) (Entered: 01/20/2010)

Jan. 20, 2010 RECAP
89

NOTICE OF APPEAL as to 78 Order on Motion for Preliminary Injunction by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. Filing fee $ 455. (Attachments: # 1 Civil Appeals Docketing Statement)(mcl, COURT STAFF) (Filed on 1/21/2010) (Entered: 01/21/2010)

1 Civil Appeals Docketing Statement

View on PACER

Jan. 21, 2010 PACER
90

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 89 Notice of Appeal. (mcl, COURT STAFF) (Entered: 01/21/2010)

Jan. 21, 2010 PACER
91

Copy of Notice of Appeal and Docket sheet mailed to all counsel. (mcl, COURT STAFF) (Additional attachment(s) added on 1/21/2010: # 1 Docket sheet) (mcl, COURT STAFF). (Entered: 01/21/2010)

1 Docket sheet

View on PACER

Jan. 21, 2010 PACER
92

Transcript Designation and Ordering Form for proceedings held on December 4, 2009 before Judge Charles R. Breyer, (Long, Eric) (Filed on 1/27/2010) (Entered: 01/27/2010)

Jan. 27, 2010 PACER
93

Minute Entry: Motions Hearing held on 1/29/2010 before Charles R. Breyer (Date Filed: 1/29/2010). Status Conference set for 6/11/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco. (Court Reporter Sarah Goekler.) (be, COURT STAFF) (Date Filed: 1/29/2010) (Entered: 01/29/2010)

Jan. 29, 2010 RECAP
94

USCA Case Number 10-15152 USCA for 89 Notice of Appeal, filed by Jeffrey Patrick Lyons, Jr., Aakash Desai, Elizabeth Aida Haskell, Reginald Ento. (mcl, COURT STAFF) (Entered: 02/03/2010)

Feb. 3, 2010 PACER
95

ORDER of USCA as to 89 Notice of Appeal, filed by Jeffrey Patrick Lyons, Jr., Aakash Desai, Elizabeth Aida Haskell, Reginald Ento. Opening brief due 2/18/10 ; answering brief due 3/18/10. (mcl, COURT STAFF) (Filed on 2/3/2010) (Entered: 02/03/2010)

Feb. 3, 2010 PACER
96

Defendants' ANSWER to Amended Complaint for Declaratory and Injunctive Relief byEdmund G. Brown, Jr, Eva Steinberger. (Powell, Daniel) (Filed on 3/1/2010) (Entered: 03/01/2010)

March 1, 2010 PACER
97

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE by Aakash Desai, Reginald Ento, Elizabeth Aida Haskell, Jeffrey Patrick Lyons, Jr. (Long, Eric) (Filed on 6/3/2010) (Entered: 06/03/2010)

June 3, 2010 PACER

State / Territory: California

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 6, 2009

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are four individuals who had their DNA collected pursuant to a California statute mandating DNA collection from anyone arrested for a felony.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Attorney General of California, State

California Department of Justice, State

San Francisco County Sheriff's Department (San Francisco), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Pattern or Practice

Record-keeping

Search policies