Case: Fitzgerald v. County of Orange

8:11-cv-01355 | U.S. District Court for the Central District of California

Filed Date: Sept. 7, 2011

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On September 7, 2011, an individual resident of Orange County, California, filed this lawsuit in the U.S. District Court for the Central District of California under 42 U.S.C. § 1983 and Article 1, § 2 of the California Constitution against Orange County. The plaintiff, represented by the ACLU of Southern California, claimed that the Orange County Board of Supervisors (the Board) violated his federal and state constitutional rights by silencing him at a public meeting. He asked the court for in…

On September 7, 2011, an individual resident of Orange County, California, filed this lawsuit in the U.S. District Court for the Central District of California under 42 U.S.C. § 1983 and Article 1, § 2 of the California Constitution against Orange County. The plaintiff, represented by the ACLU of Southern California, claimed that the Orange County Board of Supervisors (the Board) violated his federal and state constitutional rights by silencing him at a public meeting. He asked the court for injunctive relief, damages, and judgment that the Orange County rules regarding speech at county board meetings unconstitutionally limit speech under the United States and California Constitutions. On March 22, 2012, the Plaintiff amended the complaint to include a request for a declaration that the Orange County rules were unconstitutional as applied to Plaintiff.

Plaintiff claimed that when he criticized the Board at several public meetings, he was forced to stop speaking in violation of his freedom of speech. Specifically, plaintiff claimed that at a meeting on July 27, 2010 he was forced to stop speaking prior to the completion of his allotted time and followed back to his seat by a member of the Board. Plaintiff also claimed that at a meeting on August 23, 2011 he was interrupted prior to the completion of his allotted time and escorted out of the meeting. Finally, Plaintiff claimed that because he has been silenced because the Board disagrees with his viewpoint in the past, his fear of being silenced in the future is preventing him from exercising his right to speak at public meetings of the Board.

On July 20, 2012, the Court (Judge James Selna) entered an order denying the plaintiff's motion for summary judgment and partially granting the Board's counter-motion for summary judgment. The Court found that the individual defendants were protected by qualified immunity and that the Orange County rules were constitutionally applied to Plaintiff, but that the broad constitutional challenge to the Orange County rules could proceed.

The case proceeded to trial in August 2012, and the Court (Judge James Selna) entered judgment in favor of the Board on September 21, 2012, without opinion. The plaintiff appealed the case to the U.S. Court of Appeals for the 9th Circuit on September 25, 2012. On April 17, 2014, the Court of Appeals (Judges Morgan Christen, Sidney Thomas, and Milan Smith) upheld the District Court's decision in favor of the Board. The Court found that even though the District Court incorrectly granted summary judgment on the constitutional challenge, the challenge failed on the merits of Plaintiff's claim. 570 Fed.Appx. 653. This ended the case.

Summary Authors

Edward Mroczkowski (2/2/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5854124/parties/william-d-fitzgerald-v-orange-county/


Judge(s)

Christen, Morgan (Alaska)

Selna, James V. (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Chavez, Lucero (California)

Eliasberg, Peter J. (California)

Helzer, Belinda Escobosa (California)

Vakili, Bardis (California)

Vakili [inactive], Bardis (California)

Attorneys(s) for Defendant

Harman, James Clement (California)

Pejeau, Elizabeth Anne (California)

Judge(s)

Christen, Morgan (Alaska)

Selna, James V. (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Chavez, Lucero (California)

Eliasberg, Peter J. (California)

Helzer, Belinda Escobosa (California)

Vakili, Bardis (California)

Vakili [inactive], Bardis (California)

Attorneys(s) for Defendant

Harman, James Clement (California)

Pejeau, Elizabeth Anne (California)

Phillips, Wendy J. (California)

Expert/Monitor/Master

Thomas, Sidney Runyan (Montana)

Documents in the Clearinghouse

Document

Docket (PACER)

June 26, 2014 Docket
1

Complaint for Declaratory and Injunctive Relief and Normal Damages

Sept. 7, 2011 Complaint
35

Second Amended Complaint for Declaratory and Injunctive Relief and Normal Damages

March 12, 2012 Complaint
67

Order Denying Plaintiff’s Motion for Partial Summary Judgment and Granting in Part and Denying in Part Defendants’ Motion for Summary Judgment or in the alternative Summary Adjudication

Fitzgerald v. Orange County

July 20, 2012 Order/Opinion
144

Mandate and opinion

U. S. Court of Appeals for the Ninth Circuit

570 Fed.Appx. 653

June 26, 2014 Order/Opinion

Resources

Title Description External URL

Fitzgerald v. County of Orange

ACLU Southern California

The ACLU of Southern California sued Orange County and its Board of Supervisors for violating disabled Vietnam Veteran William D. Fitzgerald’s right of freedom of speech for expressing his views and … Sept. 6, 2011 https://www.aclusocal.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5854124/william-d-fitzgerald-v-orange-county/

Last updated May 20, 2022, 3:36 a.m.

ECF Number Description Date Link
1

COMPLAINT against Defendants Bill Campbell, Does, John Moorlach, Janet Nguyen and Orange County. Case assigned to Judge James V. Selna for all further proceedings. Discovery referred to Magistrate Judge Marc L. Goldman.(Filing fee $ 350 Paid). Filed by Plaintiff William D Fitzgerald.(lwag) (Entered: 09/09/2011)

Sept. 7, 2011
117

JUDGMENT by Judge James V. Selna, in favor of Orange County, James C Pena, Janet Nguyen, John Moorlach against William D Fitzgerald. (MD JS-6, Case Terminated). (rla)

Sept. 21, 2012 RECAP

21 DAY Summons Issued re Complaint − (Discovery), Complaint − (Discovery) 1 as to Defendants Bill Campbell, John Moorlach, Janet Nguyen and Orange County. (lwag) (Entered: 09/09/2011)

Sept. 7, 2011
2

CERTIFICATION and Notice of Interested Parties filed by Plaintiff William D Fitzgerald. (lwag) (Entered: 09/09/2011)

Sept. 7, 2011
3

NOTICE of Related Case(s) filed by Plaintiff William D Fitzgerald. Related Case(s): None. (lwag) (Entered: 09/09/2011)

Sept. 7, 2011
4

EX PARTE APPLICATION for Temporary Restraining Order, EX PARTE APPLICATION for Order to Show Cause re: Preliminary Injunction filed by plaintiff William D Fitzgerald. Lodged proposed order.(twdb) (Entered: 09/09/2011)

Sept. 8, 2011
5

DECLARATION of Bardis Vakili in support of EX PARTE APPLICATION for Temporary Restraining Order, EX PARTE APPLICATION for Order to Show Cause re: Preliminary Injunction 4 filed by Plaintiff William D Fitzgerald. (twdb) (Entered: 09/09/2011)

Sept. 8, 2011
6

MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order, EX PARTE APPLICATION for Order to Show Cause re: Preliminary Injunction 4 filed by Plaintiff William D Fitzgerald. (twdb) (Entered: 09/09/2011)

Sept. 8, 2011
7

DECLARATION of William D. Fitzgerald in support of EX PARTE APPLICATION for Temporary Restraining Order, EX PARTE APPLICATION for Order to Show Cause re: Preliminary Injunction 4 filed by Plaintiff William D Fitzgerald. (twdb) (Entered: 09/09/2011)

Sept. 8, 2011
8

INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA by Judge James V. Selna, Important Notice: The Court posts tentative law and motions rulings to the internet. Please see Section P, below. COUNSEL FOR PLAINTIFF SHALL SERVE THIS ORDER ON ALL DEFENDANTS AND/OR THEIR COUNSEL ALONG WITH THE SUMMONS AND COMPLAINT, OR IF THAT IS NOT PRACTICABLE AS SOON AS POSSIBLE THEREAFTER. IF THIS CASE WAS ASSIGNED TO THIS COURT AFTER BEING REMOVED FROM STATE COURT, THE DEFENDANT WHO REMOVED THE CASE SHALL SERVE THIS ORDER ON ALL OTHER PARTIES. (See document for details.) IT IS SO ORDERED. (rla) (Entered: 09/09/2011)

Sept. 9, 2011
9

Opposition re: EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order to Show Cause re: Preliminary Injunction 4 filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, Plaintiff William D Fitzgerald. (Attachments: # 1 Declaration Declaration of Darleen Bloom in Support of Opposition to Ex−Parte Application for TRO, # 2 Declaration Declaration of Susan Novak in Support of Opposition to Ex−Parte Application for TRO, # 3 Declaration Declaration of James C. Pena in Support of Opposition to Ex−Parte Application for TRO, # 4 Exhibit Notice of Manual Filing)(Phillips, Wendy) (Entered: 09/09/2011)

Sept. 9, 2011
10

PROOF OF SERVICE Executed by Plaintiff William D Fitzgerald, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon Ruben Aguilar, empoyee at the Clerk of the Board in compliance with statute not specified by personal service. Original Summons NOT returned. (Escobosa Helzer, Belinda) (Entered: 09/12/2011)

Sept. 12, 2011
12

PROOF OF SERVICE filed by Plaintiff William D Fitzgerald, re Order,, 8 Electronically served on 09/12/11. (Escobosa Helzer, Belinda) (Entered: 09/12/2011)

Sept. 12, 2011
13

VOLUMINOUS DOCUMENT RE: EXHIBIT 1 to Declaration of Darlene Bloom in Support of The Orange County Defendants' Opposition to Plaintiff's Ex Parte Application for Temporary Restraining Order [A DVD Video Recording of Portions of the Orange County Board of Supervisors Meetings of July 27, 2010 & August 23, 2011] filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen and Orange County. (Attachments: # 1 Voluminous−CD Exhibit)(lwag) (Entered: 09/13/2011)

Sept. 12, 2011
14

DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying 4 Ex Parte Application for TRO; Denying 4 Ex Parte Application for Order to Show Cause. (rla) (Entered: 09/14/2011)

Sept. 12, 2011
15

NOTICE of Change of Attorney Information for attorney Bardis Vakili counsel for Plaintiff William D Fitzgerald. Adding Bardis Vakili as attorney as counsel of record for William D. Fitzgerald for the reason indicated in the G−06 Notice. Filed by Plaintiff William D. Fitzgerald (Vakili, Bardis) (Entered: 09/28/2011)

Sept. 28, 2011
16

ORDER by Judge James V. Selna, SETTING RULE 26(f) SCHEDULING CONFERENCE for 12/19/2011 11:30 AM: If plaintiff has not already served the complaint (or any amendment thereto) on all defendants, plaintiff shall promptly do so and shall file proofs of service within three days thereafter. Defendants also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter. The conference will be held pursuant to Fed.R.Civ.P., Rule 16(b). The parties are reminded of their obligations under Fed.R.Civ.P., Rule 26(a)(1) to disclose information (without awaiting a discovery request) and under Rule 26(f) to confer on a discovery plan not later than twenty−one (21) days prior to the scheduling conference and to file a Joint Rule 26(f) Report not later than fourteen (14) days after they confer. Failure to comply with the following requirements or to cooperate in the preparation of the Joint Rule 26(f) Report may lead to the imposition of sanctions. (See document for further details.) (rla) (Entered: 10/05/2011)

Oct. 4, 2011
17

STIPULATION Extending Time to Answer the complaint as to Janet Nguyen answer now due 10/7/2011; Bill Campbell answer now due 10/7/2011; John Moorlach answer now due 10/7/2011; Orange County answer now due 10/7/2011, filed by Defendants Janet Nguyen; Bill Campbell; John Moorlach; Orange County.(Phillips, Wendy) (Entered: 10/05/2011)

Oct. 5, 2011
18

ANSWER to Complaint − (Discovery), Complaint − (Discovery) 1 filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County.(Phillips, Wendy) (Entered: 10/07/2011)

Oct. 7, 2011
19

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) 18 . The following error(s) was found: Local Rule 7.1−1 No Certification of Interested Parties and or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (nbo) (Entered: 10/11/2011)

Oct. 11, 2011
20

Certification and Notice of Interested Parties filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, (Phillips, Wendy) (Entered: 10/11/2011)

Oct. 11, 2011
21

First APPLICATION to Amend Complaint − (Discovery), Complaint − (Discovery) 1 filed by Plaintiff William D Fitzgerald. (Escobosa Helzer, Belinda) (Entered: 10/27/2011)

Oct. 27, 2011
22

FIRST AMENDED COMPLAINT against defendants Bill Campbell, Does, John Moorlach, Janet Nguyen, Orange County amending Complaint 1 ; filed by plaintiff William D Fitzgerald. (rla) (Entered: 10/28/2011)

Oct. 27, 2011
24

ANSWER to Amended Complaint 22 filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County.(Phillips, Wendy) (Entered: 11/10/2011)

Nov. 10, 2011
25

NOTICE of Change of Attorney Information for attorney Belinda Escobosa Helzer counsel for Plaintiff William D Fitzgerald. Changing Address to 2100 N. Broadway, Suite 209, Santa Ana, CA 92706. Changing Fax Number to (714) 543−5240. Filed by Plaintiff William D. Fitzgerald (Escobosa Helzer, Belinda) (Entered: 11/22/2011)

Nov. 22, 2011
26

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5, filed by Plaintiff William D Fitzgerald.. (Attachments: # 1 Exhibit Presumptive Schedule)(Vakili, Bardis) (Entered: 12/12/2011)

Dec. 12, 2011
27

MINUTE ORDER IN CHAMBERS by Judge James V. Selna: ADVANCING TIME OF SCHEDULING CONFERENCE: Scheduling Conference reset for 12/19/2011 10:30 AM before Judge James V. Selna. (rla) (Entered: 12/14/2011)

Dec. 14, 2011
28

MINUTES OF Scheduling Conference held before Judge James V. Selna, 2012. The Court sets the remaining case management dates with the agreement of counsel as follows: Discovery cut−off 4/16/2012. Motions due by 5/7/2012. Motions in Limine to be filed by 7/9/2012. Final Pretrial Conference set for 8/6/2012 11:00 AM. Jury Trial set for 8/21/2012 08:30 AM. (See document for further details.) Court Reporter: Sharon Seffens. (rla) (Entered: 12/22/2011)

Dec. 19, 2011
30

AMENDED Scheduling Conference MINUTES held before Judge James V. Selna re: Scheduling Conference 28 . [CORRECTED ON 12/22/11] COURT Trial: August 21, 2012 at 8:30 a.m. (rla) (Entered: 12/27/2011)

Dec. 19, 2011
29

STRICKEN PURSUANT TO IN CHAMBERS ORDER, RE: ORDER by Judge James V. Selna, I. ORDER FOR JURY TRIAL SETTING DATES FOR: Discovery Cut−Off: April 16, 2012; Pre−Trial Conference: August 6, 2012 at 11:00 A.M.; Trial: August 21, 2012 at 8:30 A.M. II. Order for Preparationfor JURY TRIAL. III. Order Governing Attorney & Party Conduct at Trial. All motions to join other parties or to amend the pleadings shall be filed and served within sixty (60) days of the date of this order and noticed for hearing within ninety (90) days hereof. All unserved parties shall be dismissed no later than the date set for the Final Pre−Trial Conference. (See document for further details.) (rla) Modified on 12/27/2011 (rla). (Entered: 12/22/2011)

Dec. 22, 2011
31

AMENDED (IN CHAMBERS) Order Striking Document by Judge James V. Selna [CORRECTED ON 12/22/11] The Court hereby ORDERS the Order for Jury Trial (Docket #29) STRICKEN as issued in error. (rla) (Entered: 12/27/2011)

Dec. 22, 2011
32

ORDER by Judge James V. Selna,I. ORDER FOR COURT TRIAL SETTING DATES FOR: Discovery Cut−Off: APRIL 16, 2012 Pre−Trial Conference: AUGUST 6, 2012 at 11:00 A.M. Trial: AUGUST 21, 2012 at 8:30 A.M. II. Order for Preparation forCOURT TRIAL, Proposed Findings of Fact & Conclusions of Law, and Scheduling; III. Order Governing Attorney and Party Conduct at Trial. (rla) (Entered: 12/27/2011)

Dec. 22, 2011
33

Joint STIPULATION to AMEND Amended Complaint 22 filed by Plaintiff William D Fitzgerald. (Attachments: # 1 Proposed Order, # 2 Second Amended Complaint, # 3 Summons)(Vakili, Bardis) (Entered: 03/12/2012)

March 12, 2012
34

ORDER by Judge James V. Selna: granting 21 Application to Amend/Correct. The Court grants Plaintiff leave to file a Second Amended Complaint andexcuses Defendants from filing a response to supercede Defendants Answer toFirst Amended Complaint for Declarative and Injunctive Relief and NominalDamages. A copy of the Second Amended Complaint shall be manually filedwithin seven days. (twdb) (Entered: 03/21/2012)

March 21, 2012
35

SECOND AMENDED COMPLAINT against defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena; Party Does terminated amending first Amended Complaint 22 ,filed by plaintiff William D Fitzgerald (twdb) (Additional attachment(s) added on 4/12/2012: # 1 SUMMONS ISSUED) (rla). (Entered: 03/23/2012)

March 22, 2012
36

REQUEST for ADR Procedure No. 1 filed. Parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Plaintiff William D Fitzgerald.(Chavez, Lucero) (Entered: 04/12/2012)

April 12, 2012
37

STIPULATION for Discovery as to Deposition After Discovery Cut−Off filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. (Attachments: # 1 Proposed Order Order Allowing Deposition After Discovery Cut−Off)(Phillips, Wendy) (Entered: 04/16/2012)

April 16, 2012
38

Joint STIPULATION for Order Modifying Scheduling Order (DKT 30) filed by Plaintiff William D Fitzgerald. (Attachments: # 1 Proposed Order)(Chavez, Lucero) (Entered: 04/18/2012)

April 18, 2012
39

ORDER to Allow Deposition of Plaintiff After Discovery Cut−Off, by Judge James V. Selna. Having reviewed the stipulation of the parties 37 , by and through their respective attorneys of record, and the declaration of Wendy J. Phillips, the Court finds good cause to allow the deposition of Plaintiff, William Fitzgerald, to be conducted after the discovery cut−off in this case. GOOD CAUSE APPEARING, IT IS SO ORDERED. (dro) (Entered: 04/19/2012)

April 18, 2012
40

ORDER by Judge James V. Selna. The prior dates set forth in the Courts December 19, 2011 Order are modified as follows: a. Settlement Conference deadline: June 6, 2012 b. Motions to be filed and served by: June 18, 2012 c. Law and Motion cut−off: July 16, 2012. (db) (Entered: 04/20/2012)

April 19, 2012
41

STANDING ORDER by Judge Marc L. Goldman: A Settlement Conference is scheduled for June 6, 2012, at 9:30AM before Magistrate Judge Marc L. Goldman. All parties and their lead counsel are required to appear on the date and time set. Pre−conference negotiations are required. (ts) (Entered: 04/20/2012)

April 20, 2012
42

PROOF OF SERVICE Executed by Plaintiff William D Fitzgerald, upon Defendant James C Pena served on 5/1/2012, answer due 5/22/2012. Service of the Summons and Complaint were executed upon Minhn Nguyen, Staff Specialist in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. Service of Summons and Second Amended Compalint served on James C. Pena in his official and individual capacities (Vakili, Bardis) (Entered: 05/11/2012)

May 11, 2012
43

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) 42 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (db) (Entered: 05/15/2012)

May 15, 2012
44

NOTICE of Change of Attorney Information for attorney Wendy J Phillips counsel for Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County. Adding Elizabeth A. Pejeau as attorney as counsel of record for Defendants for the reason indicated in the G−06 Notice. Filed by Defendants County of Orange, Bill Campbell, John Moorlach, Janet Nguyen (Phillips, Wendy) (Entered: 05/24/2012)

May 24, 2012
45

MINUTES OF Telephone Status Conference held before Magistrate Judge Marc L. Goldman: After discussion, and based upon the position of the parties, it was agreed that a settlementconference at this time would not be fruitful. It is ordered that the settlement conference currently scheduled for Wednesday, June 6, 2012, at 9:30 a.m. is taken off−calendar. Should the case survive the anticipated cross−motions for summary judgment, counsel may request that another settlement conference be scheduled. Court Reporter: n/a. (rla) (Entered: 05/31/2012)

May 31, 2012
46

NOTICE of Change of Attorney Information for attorney James Clement Harman counsel for Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena.JAMES C. HARMAN is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G−06 Notice. Filed by DEFENDANTS ORANGE COUNTY (Harman, James) (Entered: 06/07/2012)

June 7, 2012
48

MEMORANDUM of Points and Authorities in Support Re: MOTION for Summary Judgment as to Fed. Rules of Civil Proc., Rule 56 47 (Phillips, Wendy) (Entered: 06/18/2012)

June 18, 2012
49

STATEMENT of Uncontroverted Facts and Conclusions of Law [Local Rule 56−1] (Phillips, Wendy) (Entered: 06/18/2012)

June 18, 2012
50

Compendium of Declarations In Support of Motion for Summary Judgment filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena re: MOTION for Summary Judgment as to Fed. Rules of Civil Proc., Rule 56 47 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Phillips, Wendy) (Entered: 06/18/2012)

June 18, 2012
51

NOTICE of Manual Filing filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena of DVD Containing Orange County Board of Supervisor Hearings Dated July 27, 2010 & Aug. 23, 2011. (Phillips, Wendy) (Entered: 06/18/2012)

June 18, 2012
52

NOTICE OF LODGING filed Proposed Judgment re MOTION for Summary Judgment as to Fed. Rules of Civil Proc., Rule 56 47 (Attachments: # 1 Proposed Judgment)(Phillips, Wendy) (Entered: 06/18/2012)

June 18, 2012
53

NOTICE OF LODGING filed Statement of Uncontroverted Facts & Conclusions of Law re MOTION for Summary Judgment as to Fed. Rules of Civil Proc., Rule 56 47 (Attachments: # 1 Statement of Uncontroverted Facts)(Phillips, Wendy) (Entered: 06/18/2012)

June 18, 2012
54

NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's Claims Under the First Amendment and the California Constitution filed by Plaintiff William D Fitzgerald. Motion set for hearing on 7/16/2012 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiff's Motion for Partial Summary Judgment, # 2 Declaration of Bardis Vakili in Support of Plaintiff's Motion for Partial Summary Judgment, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Proposed Order, # 13 Statement of Uncontroverted Facts and Conclusions of Law)(Vakili, Bardis) (Entered: 06/18/2012)

June 18, 2012
55

NOTICE OF LODGING filed re MOTION for Partial Summary Judgment as to Plaintiff's Claims Under the First Amendment and the California Constitution 54 (Attachments: # 1 Statement of Uncontroverted Facts and Conclusions of Law in Support of Plaintiff's Motion for Partial Summary Judgment, # 2 Proposed Order)(Vakili, Bardis) (Entered: 06/18/2012)

June 18, 2012
56

EXHIBIT "1" to Declaration of Darlene Bloom Included in Orange County Defendants' Compendium of Declarations in Support of Motion for Summary Judgment [A DVD Video Recording of Portions of the Orange County Board of Supervisors Meetings of July 27, 2010 and August 23, 2011] filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County amd James C Pena. (Attachments: # 1 Voluminous−Exhibit Contains CD)(lwag) (Entered: 06/21/2012)

June 18, 2012
57

MEMORANDUM in Opposition to MOTION for Partial Summary Judgment as to Plaintiff's Claims Under the First Amendment and the California Constitution 54 filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. (Phillips, Wendy) (Entered: 06/25/2012)

June 25, 2012
58

STATEMENT of General Issues of Material Fact in Opposition to Plaintiff's Motion for Partial Summary Judgment (Phillips, Wendy) (Entered: 06/25/2012)

June 25, 2012
59

OPPOSITION re: MOTION for Partial Summary Judgment as to Plaintiff's Claims Under the First Amendment and the California Constitution 54 filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. (Phillips, Wendy) (Entered: 06/25/2012)

June 25, 2012
61

REPLY to Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. (Phillips, Wendy) (Entered: 07/02/2012)

July 2, 2012
62

OBJECTIONS re: MOTION for Partial Summary Judgment as to Plaintiff's Claims Under the First Amendment and the California Constitution 54 and Request to Strike and/or Disregard Portions of, Plaintiff's Additional Evidence in Support of Opposition to Defendants' Motion for Summary Judgment filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. (Phillips, Wendy) (Entered: 07/02/2012)

July 2, 2012
63

RESPONSE filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena Response to Statement of Additional Material Facts Submitted by Plaintiff in Opposition to Defendants' Motion for Summary Judgment (Phillips, Wendy) (Entered: 07/02/2012)

July 2, 2012
64

REPLY in support of MOTION for Partial Summary Judgment as to Plaintiff's Claims Under the First Amendment and the California Constitution 54 filed by Plaintiff William D Fitzgerald. (Attachments: # 1 Declaration Supplemental Declaration of Bardis Vakili in Support of Plaintiff's Motion for Partial Summary Judgment, # 2 Exhibit A, # 3 Plaintiff's Response to Defendants' Statement of Genuine Issues of Material Fact in Opposition to Plaintiff's Motion for Partial Summary Judgment)(Vakili, Bardis) (Entered: 07/02/2012)

July 2, 2012
65

NOTICE OF ERRATA filed by Plaintiff William D Fitzgerald. Correcting Docket 64−2 (Attachments: # 1 Supplemental Declaration of Bardis Vakili in Support of Plaintiff's Motion for Partial Summary Judgment and Corrected Exhibit A)(Vakili, Bardis) (Entered: 07/11/2012)

July 11, 2012
66

MINUTES OF ; Motion Hearing held before Judge James V. Selna 47 54 . The Courts tentative ruling as issued. Counsel make their arguments. The Court takes the above referenced motions under submission. Court Reporter: Sharon Seffens. (db) (Entered: 07/17/2012)

July 16, 2012
67

MINUTES (IN CHAMBERS): ORDER by Judge James V. Selna: ORDER Denying Plaintiffs Motion for PartialSummary Judgment (fld 6−18−12) and Granting in Part and Denying in Part Defendants Motion for Summary Judgment or in the alternative Summary Adjudication (Fld 6−18−12): (See document for details.) For the foregoing reasons, Defendants Motion is GRANTED as to (1) all claims against the individual defendants; and (2) the federal and state constitutional challenges "as applied" to Fitzgerald. Defendants' Motion is DENIED as to the facial constitutional challenges to Rule 46 and the Speaker Guidelines under the United States Constitution and the California Constitution. Fitzgerald's Motion is DENIED. (rla) (Entered: 07/20/2012)

July 20, 2012
68

MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. (Phillips, Wendy) (Entered: 07/30/2012)

July 30, 2012
69

Joint Exhibit List filed by Plaintiff William D Fitzgerald.. (Vakili, Bardis) (Entered: 07/30/2012)

July 30, 2012
70

MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. (Phillips, Wendy) (Entered: 07/30/2012)

July 30, 2012
71

STATUS REPORT REGARDING SETTLEMENT filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. (Phillips, Wendy)

July 30, 2012
73

Witness List filed by Plaintiff William D Fitzgerald.. (Vakili, Bardis) (Entered: 07/30/2012)

July 30, 2012
74

MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff William D Fitzgerald. (Vakili, Bardis) (Entered: 07/30/2012)

July 30, 2012
75

STATUS REPORT Regarding Settlement filed by Plaintiff William D Fitzgerald. (Vakili, Bardis) (Entered: 07/30/2012)

July 30, 2012
76

NOTICE OF ERRATA filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. correcting Memorandum of Contentions of Fact and Law 70 (Phillips, Wendy) (Entered: 07/31/2012)

July 31, 2012
77

DECLARATION of William D. Fitzgerald provided for Direct Examination of Plaintiff (per Order Governing Attorney and Party Conduct at Trial DKT 32) filed by Plaintiff William D Fitzgerald. (Vakili, Bardis) (Entered: 08/01/2012)

Aug. 1, 2012
78

MINUTES OF Pretrial Conference held before Judge James V. Selna. The Court GRANTS the parties motion to waive jury trial and proceed with the court trial. The Court and counsel confer regarding bench trial procedures. (See minute order for further details) Court Reporter: Sharon Seffens. (db) (Entered: 08/10/2012)

Aug. 6, 2012
79

Proposed MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. (Pejeau, Elizabeth) (Entered: 08/13/2012)

Aug. 13, 2012
80

NOTICE of Lodging filed by Plaintiff William D Fitzgerald. (Attachments: # 1 [Plaintiff's Proposed] Findings of Fact and Conclusions of Law)(Vakili, Bardis) (Entered: 08/13/2012)

Aug. 13, 2012
81

Plaintiff's Summaries of Direct Testimony filed by Plaintiff William D Fitzgerald (Vakili, Bardis) (Entered: 08/13/2012)

Aug. 13, 2012
82

TRIAL BRIEF filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena.. (Phillips, Wendy) (Entered: 08/14/2012)

Aug. 14, 2012
83

TRIAL BRIEF filed by Plaintiff William D Fitzgerald.. (Vakili, Bardis) (Entered: 08/14/2012)

Aug. 14, 2012
84

(IN CHAMBERS) The Court hereby sets the Bench Trial, previously scheduled for 8/21/12 at 8:30 AM, for 8/22/2012 at 8:30 AM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(kt) TEXT ONLY ENTRY (Entered: 08/15/2012)

Aug. 15, 2012
85

OBJECTIONS to Plaintiff's Direct Examination Declaration filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. (Phillips, Wendy) (Entered: 08/16/2012)

Aug. 16, 2012
86

PRETRIAL CONFERENCE ORDER by Judge James V. Selna. Bill Campbell terminated.IT IS ORDERED: 1. The parties are: (A) Plaintiffs: William D. Fitzgerald(B) Defendants: Orange County, John Moorlach, in his official capacity,Janet Nguyen, in her official capacity, and James C. Pena, in his official capacity. Each of these parties has been served and has appeared. All other parties named in the pleadings and not identified in the preceding paragraph are now dismissed. See Order for more information. (twdb) (Entered: 08/20/2012)

Aug. 17, 2012
87

Amended Joint Exhibit List filed by Plaintiff William D Fitzgerald.. (Vakili, Bardis) (Entered: 08/20/2012)

Aug. 20, 2012
88

Joint PRETRIAL STIPULATION regarding Exhibits filed by Plaintiff William D Fitzgerald.(Vakili, Bardis) (Entered: 08/20/2012)

Aug. 20, 2012
90

APPENDIX filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. Re: Deposition Transcript of Plaintiff William Fitzgerald (Phillips, Wendy) (Entered: 08/20/2012)

Aug. 20, 2012
91

Plaintiff's Supplemental Objections to Trial Exhibits Noted in Amended Joint Exhibit List filed by Plaintiff William D Fitzgerald (Vakili, Bardis) (Entered: 08/20/2012)

Aug. 20, 2012
92

NOTICE OF LODGING filed re Pretrial Conference − Final, 78 (Attachments: # 1 Plaintiff's Direct Testimony by Deposition of Susan Novak and Defendants' Objections Thereto)(Vakili, Bardis) (Entered: 08/20/2012)

Aug. 20, 2012
93

NOTICE OF LODGING filed re Pretrial Conference − Final, 78 (Attachments: # 1 Plaintiff's Direct Testimony by Deposition of John Moorlach and Defendants' Objections Thereto)(Vakili, Bardis) (Entered: 08/20/2012)

Aug. 20, 2012
94

NOTICE OF LODGING filed re Pretrial Conference − Final, 78 (Attachments: # 1 Plaintiff's Direct Testimony by Deposition of Janet Nguyen and Defendants' Objections Thereto)(Vakili, Bardis) (Entered: 08/20/2012)

Aug. 20, 2012
95

NOTICE OF LODGING filed re Pretrial Conference − Final, 78 (Attachments: # 1 Plaintiff's Direct Testimony by Deposition of James Pena and Defendants' Objections Thereto (Part 1), # 2 Plaintiff's Direct Testimony by Deposition of James Pena and Defendants' Objections Thereto (Part 2), # 3 Plaintiff's Direct Testimony by Deposition of James Pena and Defendants' Objections Thereto (Part 3))(Vakili, Bardis) (Entered: 08/20/2012)

Aug. 20, 2012
96

Plaintiff's Index of Direct Testimony by Deposition and Defendants' Objections Thereto filed by Plaintiff William D Fitzgerald re: Pretrial Conference − Final, 78 (Vakili, Bardis) (Entered: 08/20/2012)

Aug. 20, 2012
97

NOTICE of Errata filed by Plaintiff William D Fitzgerald. (Attachments: # 1 Plaintiff's Direct Testimony by Deposition of Susan Novak and Defendants' Objections with Exhibits)(Vakili, Bardis) (Entered: 08/20/2012)

Aug. 20, 2012
98

NOTICE of Errata Regarding Docket 89−"Notice of Lodging of the Marked Deposition Transcript of William Fitzgerald Erroneously Filed Unmarked filed by Defendants Bill Campbell, John Moorlach, Janet Nguyen, Orange County, James C Pena. (Attachments: # 1 Exhibit Marked Deposition of William Fitzgerald)(Phillips, Wendy) (Entered: 08/21/2012)

Aug. 21, 2012
99

COURT'S RULINGS ON DEFENDANTS' OBJECTIONS by Judge James V. Selna: (See document for details.) (rla) (Entered: 08/23/2012)

Aug. 22, 2012
100

MINUTES OF Court Trial (1st day )held before Judge James V. Selna: Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Trial set for 8/24/2012 09:00 AM before Judge James V. Selna.Court Reporter: Phyllis Preston / Sharon Seffens. (twdb) (Entered: 08/23/2012)

Aug. 22, 2012
101

TRANSCRIPT for proceedings held on 8/22/12, Vol 2 (1:30 PM). Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number 714−543−0870. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/14/2012. Redacted Transcript Deadline set for 9/24/2012. Release of Transcript Restriction set for 11/22/2012. (dg) (Entered: 08/24/2012)

Aug. 24, 2012
102

NOTICE OF FILING TRANSCRIPT filed for proceedings 8/22/12 re Transcript 101 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dg) TEXT ONLY ENTRY (Entered: 08/24/2012)

Aug. 24, 2012
103

TRANSCRIPT ORDER for date of proceedings 08/22/2012 to 08/24/2012 as to Plaintiff William D Fitzgerald Court Reporter Sharon Seffens. Transcript portion requested: Testimony of: Novak, 08/22/2012 PM; Nguyen, 08/22/2012 PM; Moorlach 08/22/2012 PM; Pena 08/24/2012 AM; Bloom, 08/24/2012 AM; Campbell 08/24/2012 AM. Category: Daily. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Escobosa Helzer, Belinda) (Entered: 08/24/2012)

Aug. 24, 2012
106

MINUTES OF Court Trial (2nd day ) held before Judge James V. Selna: Witnesses called, sworn and testified. Exhibits identified and admitted. Court Trial continued to 8/28/2012 09:00 AM before Judge James V. Selna. Court Reporter: Sharon Seffens. (rla) (Entered: 08/27/2012)

Aug. 24, 2012

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Sept. 7, 2011

Closing Date: 2014

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff is an private citizen who believes that his rights were violated when he was silenced at a local government meeting.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Orange County (Orange), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation