Case: Pickup v. Brown

2:12-cv-02497 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 4, 2012

Closed Date: Aug. 9, 2016

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Case Summary

This case is a constitutional challenge to Senate Bill 1172, a bill that banned the practice of conversion therapy on minors in California, amending California Business and Professions Code §§ 865, 865.1, 865.2 (“SB 1172”). On October 4, 2012, parents residing in the State of California, licensed marriage and family therapists, clinical psychologists, the National Association for Research and Therapy of Homosexuality, and American Association of Christian Counselors brought this suit against t…

On October 4, 2012, parents residing in the State of California, licensed marriage and family therapists, clinical psychologists, the National Association for Research and Therapy of Homosexuality, and American Association of Christian Counselors brought this suit against the Governor of California, the Secretary of the State and Consumer Services Agency, an Executive Officer of the California Board of Behavioral Sciences, the President of the California Board of Psychology, and the President of the Medical Board of California.

SB 1172 was a bill that banned the practice of conversion therapy on minors in California or other treatments intended to eliminate or reduce same-sex attraction. In their suit, plaintiffs alleged that SB 1172 violated federal and state constitutional guarantees. Specifically, plaintiffs alleged (1) violation of mental health providers’ free speech rights under the First Amendment as SB 1172 mandates “viewpoint discrimination” and potentially subjects providers to professional discipline by declaring certain kinds of counseling impermissible; (2) violation of mental health providers’ right to liberty of speech under Article I, §2 of the California Constitution; (3) violation of the right to free exercise of religion for all plaintiffs under the First Amendment; (4) violation of the right to free exercise of religion for all plaintiffs under Article I, §4 of the California Constitution; and (5) violation of parental rights to direct the upbringing and education of one’s own children under the First and Fourteenth Amendments. Plaintiffs filed suit under 42 U.S.C. § 1983.

Plaintiffs sought damages and injunctive and declaratory relief. Noting that SB 1172 was to go into full effect in January 2013, plaintiffs specifically also sought a preliminary injunction to enjoin defendants from enforcing the new law.

The case was assigned to Judge Kimberly J. Mueller.

On October 19, 2012, Equality California, a nonprofit civil rights organization and sponsor of SB 1172, filed a motion to intervene as a defendant.

In October 2012, plaintiffs filed an amended motion for preliminary injunction. Plaintiffs also filed motions with the court to have two of the named plaintiffs appointed guardians ad litem for their minor children; to proceed using a pseudonym for confidentiality; and for a protective order.

The court also received notice of a potentially related case in the same month: Donald Welch v. Edmund Brown, No. 2:12-2484. However, within the month, the court determined that relating the cases will not adequately “effect a savings of judicial effort” and therefore, declined to relate the cases at the time.

On November 21, 2012, the court granted the plaintiffs’ motion to be appointed guardians ad litem, finding that the jurisprudence held the appropriate choice for a child’s guardian ad litem is typically their parents, and that it did not find a conflict of interest present here to prevent that appointment. The court also granted the plaintiffs’ protective order and pseudonym requests.

On December 4, 2012, the court declined to grant plaintiffs preliminary injunction. The court noted that the motion for preliminary injunction was based solely on plaintiffs’ first (violation of therapists’ free speech rights) and fifth (violation of parental rights under the First and Fourteenth Amendment) claims. In large part, the court held plaintiffs did not adequately demonstrate likelihood of success on their claim that SB 1172 would subject mental health professionals to discipline for recommending sexual orientation change efforts, highlighting the state’s position that it bars treatment efforts only, not referrals to religious counselors, mentions of other literature, or such efforts. The court held that SB 1172 does not implicate fundamental rights, and therefore any restrictions it places on therapy must be evaluated under rational basis scrutiny, which the court held it would pass. The court also granted Equality California’s motion to intervene as a defendant.

Plaintiffs filed a notice of appeal to the Ninth Circuit on their motion for preliminary injunction, on the same day that the court made its decision (docket no. 12-17744). The parties jointly requested a stay of district court proceedings, pending resolution of that appeal. The district court granted the motion to stay.

On January 29, 2014, a three-circuit panel on the U.S. Court of Appeals for the 9th Circuit, made up of Chief Judge Alex Kozinski, Judge Susan P. Graber, and Judge Morgan Christen upheld the district court’s denial of the plaintiff’s preliminary injunction motion. In that decision, the panel reversed an order granting preliminary relief in Welch v. Brown, No. 2:12-2484, and affirmed the denial of preliminary injunction in this matter. The court reasoned that SB 1172 does not violate the free speech rights of mental health providers, and does not violate parents’ fundamental rights. Further, the court held that SB1172 does not regulate speech, but only regulates professional conduct; as such, the court held that rational basis scrutiny was the appropriate framework for analysis, and SB 1172 passed rational basis muster. The panel remanded the cases for further proceedings, consistent with its finding that SB 1172 would survive constitutional scrutiny. Plaintiffs attempted to further appeal to the U.S. Supreme Court, but the Supreme Court declined to grant review. In accordance with the Ninth Circuit panel’s findings, the district court lifted the motion to stay and ordered a status conference.

Defendants then filed a motion to dismiss the remaining claims, citing as persuasive authority Stormans, Inc. v. Wiesman, 794 F.3d 1064 and Welch v. Brown, Case No. 2:12-2484, both of which the 9th Circuit had recently decided. On September 16, 2015, the district court granted the motion to dismiss. The court found persuasive defendant’s argument that the Governor of California is entitled to immunity from plaintiff’s Eleventh Amendment claims, and so dismissed those claims relating to the Governor. The court also agreed that, per the 9th Circuit’s findings, the law survived rational basis scrutiny, and therefore dismissed plaintiff’s free exercise of religion claims without leave to amend. With respect to any “as-applied challenge” in plaintiffs’ claims, the court held that the plaintiffs did not allege a concrete plan for violation of SB 1172, did not describe with particularity how the statute would be enforced against them, nor did they experience a “genuine threat of imminent prosecution.” The court held that as plaintiffs did not amend their complaint since the enactment of SB 1172 to fill in these details, their as-applied claims are dismissed with leave to amend.

On October 28, 2015, plaintiffs filed an amended complaint, largely re-alleging the substance of their claims in the original complaint. Defendants filed a motion to dismiss, arguing that the claims suffered from the same deficiencies that defendants had earlier argued.

On August 9, 2016, the district court granted defendants’ motion to dismiss without leave to amend. The court granted the motion to dismiss claims as to the Governor of California, holding that there was insufficient direct connection between the Governor and the enforcement of SB 1172 as to pierce government official immunity. The court also granted the motion to dismiss the plaintiffs’ “as-applied” challenges, as plaintiffs provided no factual allegations (such as specific actions taken by defendants applying the law differently to plaintiffs from other classes of people) which would render SB 1172 unconstitutional. Finding that the plaintiffs had, in large part, re-provided broad allegations that were not sufficiently specific, the court held it appropriate to dismiss plaintiffs’ claims entirely. In doing so, the court did not grant additional leave to amend as the plaintiffs had not cured the deficiency in their amended complaint. The case was therefore dismissed.

This case is closed.

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Summary Authors

Keren Yi (3/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4160825/parties/pickup-v-brown/

Judge(s)

Attorney for Plaintiff

Gordon, Alexandra Robert (California)

Expert/Monitor/Master/Other

Alden, Bram Marshall (California)

Dinielli, David C (California)

Forster, Katherine Melanie (California)

Friedland, Michelle (California)

Judge(s)

Mueller, Kimberly Jo (California)

Attorney for Plaintiff

Gordon, Alexandra Robert (California)

McAlister, Mary Elizabeth (California)

Pachter, Tamar (California)

PHV, Stephen M (California)

PHV, Daniel J. (California)

PHV, Rena M. (California)

Powell, Daniel J. (California)

Staver, Mathew D. (California)

Stein, Paul Evan (California)

Expert/Monitor/Master/Other

Alden, Bram Marshall (California)

Dinielli, David C (California)

Forster, Katherine Melanie (California)

Friedland, Michelle (California)

Minter, Shannon Price (California)

Miyake, Lika Cynthia (California)

Snider, Kevin Trent (California)

Stoll, Christopher Francis (California)

Temko, William David (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:12-cv-02497	Complaint	Oct. 4, 2012	Oct. 4, 2012 Complaint
32 2:12-cv-02497	Non-Related Case Order	Oct. 25, 2012	Oct. 25, 2012 Order/Opinion
71 2:12-cv-02497	Order	Nov. 21, 2012	Nov. 21, 2012 Order/Opinion
80 2:12-cv-02497	Order	Dec. 4, 2012	Dec. 4, 2012 Order/Opinion 42 F.Supp.3d 1347
81 2:12-cv-02497	Order	Dec. 4, 2012	Dec. 4, 2012 Order/Opinion 2012 WL 6024387
100 2:12-cv-02497	Opinion U.S. Court of Appeals for the Ninth Circuit	Aug. 29, 2013	Aug. 29, 2013 Order/Opinion 728 F.3d 1042
101 2:12-cv-02497	Order and Amended Opinion U.S. Court of Appeals for the Ninth Circuit	Jan. 29, 2014	Jan. 29, 2014 Order/Opinion 740 F.3d 1208
123 2:12-cv-02497	Order	Sept. 16, 2015	Sept. 16, 2015 Order/Opinion 2015 WL 5522265
126 2:12-cv-02497	First Amended Complaint for Declaratory Judgment and 2 Preliminary and Permanent Injunctive Relief	Oct. 28, 2015	Oct. 28, 2015 Complaint
135 2:12-cv-02497	Order	Aug. 9, 2016	Aug. 9, 2016 Order/Opinion 2016 WL 4192406

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4160825/pickup-v-brown/

Last updated March 19, 2025, 11:28 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants by David Pickup. Attorney McAlister, Mary Elizabeth ADDED. (Attachments: # 1 Exhibit A) (McAlister, Mary) Modified on 10/4/2012 (Michel, G). (Entered: 10/04/2012) 1 Exhibit Exhibit A View on PACER	Oct. 4, 2012	Oct. 4, 2012 Clearinghouse
2	(WITHDRAWN per Minute Order 23 ) MOTION for PRELIMINARY INJUNCTION by David Pickup. (McAlister, Mary) Modified on 10/19/2012 (Schultz, C). (Entered: 10/04/2012)	Oct. 4, 2012	Oct. 4, 2012 PACER
3	MEMORANDUM in support of 2 Motion for Preliminary Injunction by David Pickup. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration, # 8 Declaration, # 9 Declaration, # 10 Declaration, # 11 Declaration) (McAlister, Mary) Modified on 10/4/2012 (Michel, G). (Entered: 10/04/2012) 1 Declaration View on PACER 2 Declaration View on RECAP 3 Declaration View on RECAP 4 Declaration View on RECAP 5 Declaration View on RECAP 6 Declaration View on RECAP 7 Declaration View on PACER 8 Declaration View on PACER 9 Declaration View on PACER 10 Declaration View on PACER 11 Declaration View on PACER	Oct. 4, 2012	Oct. 4, 2012 RECAP
4	PROPOSED ORDER granting 2 Motion for Preliminary Injunction by David Pickup. (McAlister, Mary) Modified on 10/4/2012 (Michel, G). (Entered: 10/04/2012)	Oct. 4, 2012	Oct. 4, 2012 PACER
5	MOTION to Proceed Using Pseudonym; MOTION for PROTECTIVE ORDER by David Pickup. (McAlister, Mary) Modified on 10/4/2012 (Michel, G). (Entered: 10/04/2012)	Oct. 4, 2012	Oct. 4, 2012 PACER
6	MEMORANDUM in support of 5 Motion to Proceed Using Pseudonym; Motion for Protective Order by David Pickup. (McAlister, Mary) Modified on 10/4/2012 (Michel, G). (Entered: 10/04/2012)	Oct. 4, 2012	Oct. 4, 2012 PACER
7	PROPOSED ORDER granting 5 Motion to Proceed Using Pseudonym; Motion for Protective Order by David Pickup. (McAlister, Mary) Modified on 10/4/2012 (Michel, G). (Entered: 10/04/2012)	Oct. 4, 2012	Oct. 4, 2012 PACER
8	CIVIL COVER SHEET by David Pickup. (McAlister, Mary) Modified on 10/4/2012 (Michel, G). (Entered: 10/04/2012)	Oct. 4, 2012	Oct. 4, 2012 PACER
	RECEIPT number #CAE200047750 $350.00 fbo David Pickup, et. al. by Richard Mast, Jr. on 10/4/2012. (Michel, G)	Oct. 4, 2012	Oct. 4, 2012 PACER
10	SUMMONS ISSUED as to Edmund G. Brown, Anna M. Caballero, Michael Erickson, Sharon Levine, Kim Madsen with answer to complaint due within 21 days. Attorney Mary E. McAlister P.O. Box 11108 Lynchburg, VA 24506. (Michel, G) (Entered: 10/04/2012)	Oct. 4, 2012	Oct. 4, 2012 PACER
11	(DISREGARD; REFER TO ENTRY 13 ) CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 2/7/2012 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP Form) (Michel, G) Modified on 10/4/2012 (Schultz, C). (Entered: 10/04/2012)	Oct. 4, 2012	Oct. 4, 2012 PACER
12	CLERK'S NOTICE of DOCKET CORRECTION: Initial Scheduling Conference RESET for 2/7/2013 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Michel, G) (Entered: 10/04/2012)	Oct. 4, 2012	Oct. 4, 2012 PACER
13	AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference RESET for 2/7/2013 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP Form) (Michel, G) (Entered: 10/04/2012)	Oct. 4, 2012	Oct. 4, 2012 PACER
14	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by David H. Pickup for attorney Mathew D. Staver to appear Pro Hac Vice. (McAlister, Mary) (Entered: 10/05/2012)	Oct. 5, 2012	Oct. 5, 2012 PACER
	RECEIPT number receipt CAE200047757 $200.00 fbo David H. Pickup for attorney Mathew D. Staver to appear Pro Hac Vice. (Becknal, R)	Oct. 5, 2012	Oct. 5, 2012 PACER
16	NOTICE of Hearing on Motion for Preliminary Injunction and Motion for Leave to Proceed Using Pseudonyms by All Plaintiffs. (McAlister, Mary) (Entered: 10/08/2012)	Oct. 8, 2012	Oct. 8, 2012 PACER
17	NOTICE to RESCHEDULE HEARING on 5 MOTION for PROTECTIVE ORDER to Proceed Using Pseudonym, 2 MOTION for PRELIMINARY INJUNCTION : Motion Hearing set for 11/9/2012 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (McAlister, Mary) (Entered: 10/10/2012)	Oct. 10, 2012	Oct. 10, 2012 PACER
18	(WITHDRAWN per Minute Order 23 ) MOTION for Leave to File Exceed Page Limits by David H. Pickup. (Attachments: # 1 Proposed Order)(McAlister, Mary) Modified on 10/12/2012 (Reader, L). Modified on 10/19/2012 (Schultz, C). (Entered: 10/11/2012)	Oct. 11, 2012	Oct. 11, 2012 PACER
19	PRO HAC VICE ORDER signed by Judge Kimberly J. Mueller on 10/15/2012 ADDING Attorney Mathew D. Staver, PHV for National Association for Research and Therapy of Homosexuality. (Michel, G) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
21	CERTIFICATE of SERVICE by American Association of Christian Counselors, Jack Doe 1, Jane Doe 1, John Doe 1, Jack Doe 2, Jane Doe 2, John Doe 2, National Association for Research and Therapy of Homosexuality, Joseph Nicolosi, David H. Pickup, Christopher H. Rosick, Robert Vazzo re 13 Civil New Case Documents for KJM. (McAlister, Mary) (Entered: 10/19/2012)	Oct. 19, 2012	Oct. 19, 2012 PACER
22	STIPULATION and PROPOSED ORDER for to set briefing and hearing schedule on Plaintiffs' 2 motion for preliminary injunction by Edmund G. Brown. Attorney Stein, Paul Evan added. (Stein, Paul) (Entered: 10/19/2012)	Oct. 19, 2012	Oct. 19, 2012 PACER
23	MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 10/19/2012: Good cause appearing, the parties' stipulation 22 is ADOPTED. Accordingly, the hearing on plaintiffs' motion to proceed using pseudonyms 5 is RESET for 11/30/2012 at 10:00 AM in Courtroom 3 before Judge Kimberly J. Mueller; plaintiff's motion for preliminary injunction 2 and application for leave to file excess pages 18 are WITHDRAWN; Plaintiffs shall re-file their motion for preliminary injunction by 10/22/2012 and notice it for 11/30/2012 at 10:00 AM; Defendants' oppositions to plaintiffs' motions shall be filed by 11/9/2012; Plaintiffs' reply, if any, shall be filed by 11/16/2012; Plaintiffs' motion and defendants' oppositions shall not exceed thirty pages, and plaintiffs' replies shall not exceed fifteen pages; defendants' shall answer or otherwise respond to the complaint no later than twenty-one days after the court resolves plaintiffs' motion for preliminary injunction. (Text Only Entry)(Schultz, C) (Entered: 10/19/2012)	Oct. 19, 2012	Oct. 19, 2012 PACER
24	MOTION to INTERVENE as Party Defendant by David C Dinielli, Equality California. Attorney Dinielli, David C added. Motion Hearing set for 11/30/2012 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # 1 Memorandum of Points In Support of Motion, # 2 Declaration Christopher Stoll, # 3 Declaration Clarissa Filgioun, # 4 Declaration Shannan Wilber)(Dinielli, David) Modified on 10/22/2012 (Meuleman, A). (Entered: 10/19/2012)	Oct. 19, 2012	Oct. 19, 2012 RECAP
25	EX PARTE APPLICATION by Equality California for Shorten Time On Motion to Intervene, Or In The Alternative, For Leave to Participate In The Proceedings On Plaintiffs' Motion for Preliminary Injunction. (Dinielli, David) (Entered: 10/19/2012)	Oct. 19, 2012	Oct. 19, 2012 PACER
26	NOTICE of RELATED CASE 12-2484 by Donald Welch. Attorney Snider, Kevin Trent added. (Snider, Kevin) (Entered: 10/22/2012)	Oct. 22, 2012	Oct. 22, 2012 PACER
27	(DISREGARD; REFER TO AMENDED DOCUMENT 29 ) MOTION for PRELIMINARY INJUNCTION by American Association of Christian Counselors, Jack Doe 1, Jane Doe 1, John Doe 1, Jack Doe 2, Jane Doe 2, John Doe 2, National Association for Research and Therapy of Homosexuality, Joseph Nicolosi, David H. Pickup, Christopher H. Rosick, Robert Vazzo. Motion Hearing set for 11/30/2012 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (McAlister, Mary) Modified on 10/24/2012 (Schultz, C). (Entered: 10/22/2012)	Oct. 22, 2012	Oct. 22, 2012 PACER
28	MEMORANDUM by American Association of Christian Counselors, Jack Doe 1, Jane Doe 1, John Doe 1, Jack Doe 2, Jane Doe 2, John Doe 2, National Association for Research and Therapy of Homosexuality, Joseph Nicolosi, David H. Pickup, Christopher H. Rosick, Robert Vazzo in SUPPORT of 27 MOTION for PRELIMINARY INJUNCTION . (Attachments: # 1 Declaration Rosik, # 2 Declaration Pickup, # 3 Declaration Pruden, # 4 Declaration Scalise, # 5 Declaration Jack Doe 1, # 6 Declaration Jack Doe 2, # 7 Declaration Jane Doe 1, # 8 Declaration Jane Doe 2, # 9 Declaration John Doe 1, # 10 Declaration Nicolosi, # 11 Declaration Vazzo)(McAlister, Mary) (Entered: 10/22/2012)	Oct. 22, 2012	Oct. 22, 2012 PACER
29	AMENDED MOTION for PRELIMINARY INJUNCTION amending 27 MOTION for PRELIMINARY INJUNCTION by American Association of Christian Counselors, Jack Doe 1, Jane Doe 1, John Doe 1, Jack Doe 2, Jane Doe 2, John Doe 2, National Association for Research and Therapy of Homosexuality, Joseph Nicolosi, David H. Pickup, Christopher H. Rosick, Robert Vazzo. Motion Hearing set for 11/30/2012 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (McAlister, Mary) (Entered: 10/23/2012)	Oct. 23, 2012	Oct. 23, 2012 PACER
30	OPPOSITION by Plaintiffs American Association of Christian Counselors, Jack Doe 1, Jane Doe 1, John Doe 1, Jack Doe 2, Jane Doe 2, John Doe 2, National Association for Research and Therapy of Homosexuality, Joseph Nicolosi, David H. Pickup, Christopher H. Rosick, Robert Vazzo to 25 Ex Parte Application. (McAlister, Mary) (Entered: 10/23/2012)	Oct. 23, 2012	Oct. 23, 2012 PACER
31	NOTICE of Corporate Disclosures by American Association of Christian Counselors, Jack Doe 1, Jane Doe 1, John Doe 1, Jack Doe 2, Jane Doe 2, John Doe 2, National Association for Research and Therapy of Homosexuality, Joseph Nicolosi, David H. Pickup, Christopher H. Rosick, Robert Vazzo. (McAlister, Mary) (Entered: 10/24/2012)	Oct. 24, 2012	Oct. 24, 2012 PACER
32	NON-RELATED CASE ORDER signed by Judge William B. Shubb on 10/24/2012 ORDERING 26 that case(s) 2:12-CV-2484 WBS KJN and 2:12-CV-2497 KJM EFB should NOT be related. (Reader, L)	Oct. 25, 2012	Oct. 25, 2012 Clearinghouse
33	NOTICE of APPEARANCE by Michelle Friedland on behalf of Equality California. Attorney Friedland, Michelle added. (Friedland, Michelle) (Entered: 10/25/2012)	Oct. 25, 2012	Oct. 25, 2012 PACER
34	NOTICE of APPEARANCE by Bram Marshall Alden on behalf of Equality California. Attorney Alden, Bram Marshall added. (Alden, Bram) (Entered: 10/25/2012)	Oct. 25, 2012	Oct. 25, 2012 PACER
35	NOTICE of APPEARANCE by Lika Cynthia Miyake on behalf of Equality California. Attorney Miyake, Lika Cynthia added. (Miyake, Lika) (Entered: 10/25/2012)	Oct. 25, 2012	Oct. 25, 2012 PACER
36	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by David H. Pickup for attorney Rena M. Lindevaldsen to appear Pro Hac Vice. (McAlister, Mary) (Entered: 10/29/2012)	Oct. 29, 2012	Oct. 29, 2012 PACER
	RECEIPT number #CAE200048217 $200.00 fbo 36 PHV Rena M. Lindevaldsen by Richard Mast, Jr. on 10/29/2012. (Benson, A.)	Oct. 29, 2012	Oct. 29, 2012 PACER
38	MINUTE ORDER issued by Courtroom Deputy M. Krueger for Judge Kimberly J. Mueller on 10/29/2012: The Court has reviewed Equality California's Ex Parte Application to Shorten Time 25 filed on 10/19/2012, and the Court hereby DENIES the Application. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 10/29/2012)	Oct. 29, 2012	Oct. 29, 2012 PACER
39	AMENDED MINUTE ORDER issued by Courtroom Deputy M. Krueger for Judge Kimberly J. Mueller on 10/29/2012: The Court hereby DENIES Equality California's Ex Parte Application to Shorten Time on Equality California's Motion to Invervene 25 filed on 10/19/2012, because it has not communicated a satisfactory explanation to shorten time as required under Local Rule 144(e). (TEXT ONLY ENTRY) (Krueger, M) (Entered: 10/29/2012)	Oct. 29, 2012	Oct. 29, 2012 PACER
40	MOTION to APPOINT GUARDIAN AD LITEM by Plaintiffs. (McAlister, Mary) Modified on 10/31/2012 (Kastilahn, A). (Entered: 10/30/2012)	Oct. 30, 2012	Oct. 30, 2012 PACER
41	MEMORANDUM by Plaintiffs in SUPPORT of 40 MOTION to APPOINT GUARDIAN AD LITEM. . (McAlister, Mary) Modified on 10/31/2012 (Kastilahn, A). (Entered: 10/30/2012)	Oct. 30, 2012	Oct. 30, 2012 PACER
42	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by David H. Pickup for attorney Stephen M. Crampton to appear Pro Hac Vice. (McAlister, Mary) (Entered: 11/01/2012)	Nov. 1, 2012	Nov. 1, 2012 PACER
43	PRO HAC VICE ORDER signed by Judge Kimberly J. Mueller on 11/1/12. Added attorney Stephen M Crampton, PHV for National Association for Research and Therapy of Homosexuality. (Meuleman, A) (Entered: 11/01/2012)	Nov. 1, 2012	Nov. 1, 2012 PACER
	RECEIPT number #CAE200048300 $200.00 fbo 42 PHV Stephen M. Crampton by Mary McAlister. (Benson, A.)	Nov. 1, 2012	Nov. 1, 2012 PACER
45	PRO HAC VICE ORDER signed by Judge Kimberly J. Mueller on 11/1/2012 ADDING Attorney Rena M. Lindevaldsen, PHV for All Plaintiffs. (Michel, G) (Entered: 11/02/2012)	Nov. 2, 2012	Nov. 2, 2012 PACER
46	NOTICE of APPEARANCE by Alexandra Robert Gordon on behalf of Edmund G. Brown, Kim Madsen, Sharon Levine, Michael Erickson, and Anna M. Caballero. Attorney Gordon, Alexandra Robert added. (Attachments: # 1 Proof of Service)(Gordon, Alexandra) Modified on 11/8/2012 (Meuleman, A). (Entered: 11/07/2012)	Nov. 7, 2012	Nov. 7, 2012 PACER
47	NOTICE of APPEARANCE by Daniel J. Powell on behalf of Edmund G. Brown, Anna M. Caballero, Michael Erickson, Sharon Levine, Kim Madsen. Attorney Powell, Daniel J. added. (Powell, Daniel) (Entered: 11/07/2012)	Nov. 7, 2012	Nov. 7, 2012 PACER
48	OPPOSITION to 29 Amended Motion for Preliminary Injunction by Edmund G. Brown. (Stein, Paul) Modified on 11/13/2012 (Michel, G). (Entered: 11/09/2012)	Nov. 9, 2012	Nov. 9, 2012 PACER
49	STATEMENT of NON-OPPOSITION to 5 Motion for a Protective Order to proceed using pseudonym by Edmund G. Brown. (Stein, Paul) Modified on 11/13/2012 (Michel, G). (Entered: 11/09/2012)	Nov. 9, 2012	Nov. 9, 2012 PACER
50	OBJECTIONS to evidence submitted in support of 29 Amended Motion for Preliminary Injunction by Defendant Edmund G. Brown. (Stein, Paul) Modified on 11/13/2012 (Michel, G). (Entered: 11/09/2012)	Nov. 9, 2012	Nov. 9, 2012 PACER
51	PROPOSED ORDER re Defendants' 50 Objections to evidence submitted in support of Plaintiffs' 29 Amended Motion for Preliminary Injunction by Edmund G. Brown. (Stein, Paul) Modified on 11/13/2012 (Michel, G). (Entered: 11/09/2012)	Nov. 9, 2012	Nov. 9, 2012 PACER
52	DECLARATION of Gregory M. Herek in OPPOSITION to 29 Amended Motion for Preliminary Injunction. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Stein, Paul) Modified on 11/13/2012 (Michel, G). (Entered: 11/09/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Nov. 9, 2012	Nov. 9, 2012 RECAP
53	DECLARATION of A. Lee Beckstead in OPPOSITION to 29 Amended Motion for Preliminary Injunction. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Stein, Paul) Modified on 11/13/2012 (Michel, G). (Entered: 11/09/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Nov. 9, 2012	Nov. 9, 2012 RECAP
54	DECLARATION of Paul Stein in OPPOSITION to 29 Amended Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Stein, Paul) Modified on 11/13/2012 (Michel, G). (Entered: 11/09/2012) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER	Nov. 9, 2012	Nov. 9, 2012 RECAP
55	MOTION for leave to file Amicus Brief by Equality California. Motion Hearing SET for 11/30/2012 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # 1 Exhibit 1 (Amicus Brief)) (Dinielli, David) Modified on 11/13/2012 (Michel, G). (Entered: 11/09/2012)	Nov. 9, 2012	Nov. 9, 2012 PACER
56	RESPONSE by David H. Pickup to 24 MOTION to INTERVENE as party defendant. (McAlister, Mary) Modified on 11/21/2012 (Kastilahn, A). (Entered: 11/16/2012)	Nov. 16, 2012	Nov. 16, 2012 PACER
57	MEMORANDUM by David H. Pickup in OPPOSITION TO re 55 MOTION for Leave to File Amicus Brief filed by Equality California. (McAlister, Mary) (Entered: 11/16/2012)	Nov. 16, 2012	Nov. 16, 2012 PACER
58	MINUTE ORDER issued by Courtroom M. Krueger for Judge Kimberly J. Mueller on 11/16/2012: The parties are hereby notified that despite the Thanksgiving Holiday, the reply to opposition to the Motion for Preliminary Injunction is due November 23, 2012. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 11/16/2012)	Nov. 16, 2012	Nov. 16, 2012 PACER
59	RESPONSE by Edmund G. Brown to 40 MOTION to APPOINT GUARDIAN AD LITEM . (Stein, Paul) (Entered: 11/16/2012)	Nov. 16, 2012	Nov. 16, 2012 PACER
60	REPLY by Plaintiffs re 29 AMENDED MOTION for PRELIMINARY INJUNCTION . (McAlister, Mary) Modified on 11/21/2012 (Kastilahn, A). (Entered: 11/16/2012)	Nov. 16, 2012	Nov. 16, 2012 PACER
61	DECLARATION of Christopher Rosik in SUPPORT OF 29 AMENDED MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McAlister, Mary) Modified on 11/21/2012 (Kastilahn, A). (Entered: 11/16/2012)	Nov. 16, 2012	Nov. 16, 2012 PACER
62	RESPONSE by Plaintiffs to 50 Objections to evidence submitted in support of 29 Amended Motion for Preliminary Injunction (McAlister, Mary) Modified on 11/21/2012 (Kastilahn, A). (Entered: 11/16/2012)	Nov. 16, 2012	Nov. 16, 2012 PACER
63	DECLARATION of Joseph Nicolosi in SUPPORT OF 29 AMENDED MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McAlister, Mary) Modified on 11/21/2012 (Kastilahn, A). (Entered: 11/16/2012)	Nov. 16, 2012	Nov. 16, 2012 PACER
64	OBJECTIONS by Plaintiffs to 53 Declaration, 52 Declaration. (McAlister, Mary) Modified on 11/21/2012 (Kastilahn, A). (Entered: 11/16/2012)	Nov. 16, 2012	Nov. 16, 2012 PACER
65	NOTICE of APPEARANCE by Shannon Price Minter on behalf of Equality California. Attorney Minter, Shannon Price added. (Minter, Shannon) (Entered: 11/20/2012)	Nov. 20, 2012	Nov. 20, 2012 PACER
66	NOTICE of APPEARANCE by Christopher Francis Stoll on behalf of Equality California. Attorney Stoll, Christopher Francis added. (Stoll, Christopher) (Entered: 11/20/2012)	Nov. 20, 2012	Nov. 20, 2012 PACER
67	ORDER signed by Judge Kimberly J. Mueller on 11/21/2012 ORDERING 55 Motion for Leave to File an Amicus Brief in Opposition to Plaintiffs' Amended Motion for Preliminary Injunction, and also GRANTS Equality California's request for five minutes of argument on 11/30/2012; Equality California is directed to file on the docket its proposed amicus brief, in the form presented on 11/9/2012, by the close of business on 11/23/2012. (Waggoner, D)	Nov. 21, 2012	Nov. 21, 2012 RECAP
68	REPLY by David H. Pickup re 40 MOTION to APPOINT GUARDIAN AD LITEM . (McAlister, Mary) (Entered: 11/21/2012)	Nov. 21, 2012	Nov. 21, 2012 PACER
69	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by David H. Pickup for attorney Daniel J. Schmid to appear Pro Hac Vice. (McAlister, Mary) (Entered: 11/21/2012)	Nov. 21, 2012	Nov. 21, 2012 PACER
70	AMICUS BRIEF by Equality California. (Friedland, Michelle) Modified on 11/27/2012 (Kastilahn, A). (Entered: 11/21/2012)	Nov. 21, 2012	Nov. 21, 2012 PACER
71	ORDER signed by Judge Kimberly J. Mueller on 11/21/2012. IT IS HEREBY ORDERED:1. The court GRANTS plaintiffs request (ECF 40) to appoint Jack and Jane Does 1 and 2 as guardians ad litem for John Does 1 and 2, respectively. 2. The court also GRANT S plaintiffs unopposed motion (ECF 5) to proceed using a pseudonym and for a protective order, as follows: a. Plaintiffs shall be permitted to proceed in this action using the pseudonyms John Doe 1, Jack Doe 1, Jane Doe 1, John Doe 2, Jack Doe 2, an d Jane Doe 2. The parties shall use the pseudonyms when referring to plaintiffs in all pleadings, papers, hearings in open court, and other statements and documents that are part of the public record. b. If the plaintiffs identities, addresses, or other identifying information are disclosed in any deposition, responses to interrogatories, or other discovery documents, then the party providing the information shall identify it as confidential. Pages in the documents, which contain the plaintiff s identities or identifying information shall be labeled, CONFIDENTIAL, and those pages shall be separately bound into a document marked CONFIDENTIAL. c. Before filing any pleadings or documents that contain the plaintiffs identities, addresses, or other identifying information, the filing party shall seek sealing or redaction of the pleadings or documents as provided for in this courts Local Rules. See L.R. 140, 141. (Andrews, P)	Nov. 21, 2012	Nov. 21, 2012 Clearinghouse
72	REPLY by Equality California re 24 MOTION to INTERVENE AS PARTY DEFENDANT. (Dinielli, David) (Entered: 11/21/2012)	Nov. 21, 2012	Nov. 21, 2012 PACER
73	REQUEST for JUDICIAL NOTICE by Equality California re 24 Motion to Intervene,. (Dinielli, David) (Entered: 11/21/2012)	Nov. 21, 2012	Nov. 21, 2012 PACER
	RECEIPT number CAE200048769 for $200.00 for Daniel J. Schmid from Richard Mast, Jr. (Michel, G)	Nov. 26, 2012	Nov. 26, 2012 PACER
75	PRO HAC VICE ORDER Added attorney Daniel Schmid, PHV for plaintiffs signed by Judge Kimberly J. Mueller on 11/26/2012. (Waggoner, D) (Entered: 11/26/2012)	Nov. 26, 2012	Nov. 26, 2012 PACER
76	OBJECTIONS by Defendants Edmund G. Brown, Anna M. Caballero, Michael Erickson, Sharon Levine, Kim Madsen to 61 Declaration, 63 Declaration. (Powell, Daniel) (Entered: 11/27/2012)	Nov. 27, 2012	Nov. 27, 2012 PACER
77	RESPONSE by Plaintiffs to 76 Objections. (McAlister, Mary) Modified on 12/5/2012 (Kastilahn, A). (Entered: 11/29/2012)	Nov. 29, 2012	Nov. 29, 2012 PACER
78	MINUTES for MOTION HEARING held before Judge Kimberly J. Mueller on 11/30/2012. Plaintiffs' Counsel, Mathew Staver, Daniel Schmid, and Stephen Crampton, present. Defendants' Counsel, Alexandra Gordon, David Dinielli, Michelle Friedland, Bram Alden, Christopher Stoll, Lika Miyake and Shannon Minter, present. The court heard oral argument on plaintiffs' motion for preliminary injunction 27 and Equality California's Motion to Intervene 24 ; Both motions SUBMITTED; Order to issue. Court Reporter: Cathie Bodene. (Text Only Entry) (Schultz, C) (Entered: 11/30/2012)	Nov. 30, 2012	Nov. 30, 2012 PACER
79	REQUEST for JUDICIAL NOTICE by Equality California. (Dinielli, David) (Entered: 12/03/2012)	Dec. 3, 2012	Dec. 3, 2012 PACER
80	ORDER denying 29 Motion for Preliminary Injunction signed by Judge Kimberly J. Mueller on 12/4/12. (Kaminski, H)	Dec. 4, 2012	Dec. 4, 2012 Clearinghouse
81	ORDER granting 24 Motion to Intervene signed by Judge Kimberly J. Mueller on 12/4/12. (Kaminski, H)	Dec. 4, 2012	Dec. 4, 2012 Clearinghouse
82	NOTICE of APPEAL by David H. Pickup as to 80 Order on Motion for Preliminary Injunction. (McAlister, Mary) (Entered: 12/04/2012)	Dec. 4, 2012	Dec. 4, 2012 PACER
83	TRANSCRIPT REQUEST by David H. Pickup (McAlister, Mary) (Entered: 12/04/2012)	Dec. 4, 2012	Dec. 4, 2012 PACER
	RECEIPT number #CAE200048970 $455.00 fbo David H Pickup by Richard Mast, Jr. on 12/4/2012. (Kastilahn, A)	Dec. 4, 2012	Dec. 4, 2012 PACER
85	APPEAL PROCESSED to Ninth Circuit re 82 Notice of Appeal filed by David H. Pickup. Filed dates for Notice of Appeal 12/4/2012, Complaint 10/4/2012 and Appealed Order / Judgment 12/4/2012. Court Reporter: Cathie Bodene. Fee Status: Paid on 12/4/2012 in the amount of $455.00 ** (Attachments: # 1 Appeal Information) (Zignago, K.) (Entered: 12/06/2012)	Dec. 6, 2012	Dec. 6, 2012 PACER
86	TRANSCRIPT of Proceedings held on Friday, November 30th, 2012, before Judge Kimberly J. Mueller, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 12/31/2012. Redacted Transcript Deadline set for 1/7/2013. Release of Transcript Restriction set for 3/7/2013. (Bodene, C) (Entered: 12/07/2012)	Dec. 7, 2012	Dec. 7, 2012 PACER
87	NOTICE of APPEAL by David H. Pickup as to 81 Order on Motion to Intervene. (McAlister, Mary) (Entered: 12/10/2012)	Dec. 10, 2012	Dec. 10, 2012 PACER
	RECEIPT number #CAE200049129 $455.00 Appeal Fee fbo David H. Pickup et al by Richard Mast, Jr. on 12/10/2012. (Reader, L)	Dec. 10, 2012	Dec. 10, 2012 PACER
89	APPEAL PROCESSED to Ninth Circuit re 87 Notice of Appeal filed by David H. Pickup. Filed dates for Notice of Appeal 12/10/2012, Complaint 10/4/2012 and Appealed Order / Judgment 12/4/2012. Court Reporter: Cathie Bodene. Fee Status: Paid on 12/10/2012 in the amount of $455.00 ** (Attachments: # 1 Appeal Information) (Manzer, C) (Entered: 12/13/2012)	Dec. 13, 2012	Dec. 13, 2012 PACER
90	USCA CASE NUMBER 12-17681 for 82 Notice of Appeal filed by David H. Pickup. (Zignago, K.) (Entered: 12/13/2012)	Dec. 13, 2012	Dec. 13, 2012 PACER
91	TRANSCRIPT of Proceedings held on November 30th, 2012, before Judge Kimberly J. Mueller, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/7/2013. Redacted Transcript Deadline set for 1/17/2013. Release of Transcript Restriction set for 3/18/2013. (Bodene, C) (Entered: 12/17/2012)	Dec. 17, 2012	Dec. 17, 2012 PACER
92	USCA CASE NUMBER 12-17744 for 87 Notice of Appeal filed by David H. Pickup. (Zignago, K.) (Entered: 12/18/2012)	Dec. 18, 2012	Dec. 18, 2012 PACER
93	MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 12/18/2012: The court has received a letter from Geoffrey Randolph Blank, dated 12/3/2012; The court will disregard this letter and hereby directs the Clerk of Court to return this letter to Mr. Blank. (Text Only Entry) (Schultz, C) (Entered: 12/18/2012)	Dec. 18, 2012	Dec. 18, 2012 PACER
94	STIPULATION and PROPOSED ORDER for Continuing District Court Proceedings Pending Preliminary Injunction Appeal by Edmund G. Brown. (Gordon, Alexandra) (Entered: 12/20/2012)	Dec. 20, 2012	Dec. 20, 2012 PACER
95	MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 12/20/2012: Good cause appearing, the parties' stipulated request to continue hearing 94 is GRANTED. Accordingly, the deadline for California State defendants and defendant-intervenors to answer or otherwise respond to plaintiff's complaint is CONTINUED to 2/1/2013 and the Status (Pretrial Scheduling) Conference set for 2/7/2013 is VACATED and RESET for 3/29/2013 at 2:30 PM in Courtroom 3 before Judge Kimberly J. Mueller. No later than 3/22/2013, the parties shall file a joint status report. (Text Only Entry) (Schultz, C) (Entered: 12/20/2012)	Dec. 20, 2012	Dec. 20, 2012 PACER
96	STIPULATION and PROPOSED ORDER for Stay Pending Preliminary Injunction Appeal by Equality California. (Friedland, Michelle) (Entered: 01/16/2013)	Jan. 16, 2013	Jan. 16, 2013 PACER
97	ORDER of USCA as to 87 Notice of Appeal filed by David H. Pickup. Appellants' motion for voluntary dismissal of this appeal is GRANTED. This appeal is DISMISSED. (Meuleman, A) (Entered: 01/18/2013)	Jan. 17, 2013	Jan. 17, 2013 RECAP
98	ORDER signed by Judge Kimberly J. Mueller on 1/29/2013 ORDERING that the parties 96 request for stay is GRANTED. CASE STAYED. (Zignago, K.)	Jan. 29, 2013	Jan. 29, 2013 RECAP
99	MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 1/29/2013: In light of the court's order granting a stay of this action 98, the Status (Pretrial Scheduling) Conference set for 3/29/2013 is VACATED to be reset as necessary. (Text Only Entry) (Schultz, C) (Entered: 01/29/2013)	Jan. 29, 2013	Jan. 29, 2013 PACER
100	USCA OPINION: Accordingly, the order granting preliminary relief in Welch, No. 13-15023, is REVERSED, and the order denying preliminary relief in Pickup, No. 12-17681, is AFFIRMED. We remand both cases for further proceedings consistent with this opinion. (Kaminski, H) (Entered: 08/29/2013)	Aug. 29, 2013	Aug. 29, 2013 Clearinghouse
101	USCA ORDER AND AMENDED OPINION as to 82 Notice of Appeal: The Order denying preliminary relief in Pickup, No. 12-17681, is AFFIRMED. Case REMANDED for further proceedings consistent with this opinion. (Kastilahn, A) (Entered: 01/30/2014)	Jan. 29, 2014	Jan. 29, 2014 Clearinghouse

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Case Details

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 4, 2012

Closing Date: Aug. 9, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are parents residing in the State of California; licensed marriage and family therapists; clinical psychologists; the National Association for Research and Therapy of Homosexuality; and the American Association of Christian Counselors

Plaintiff Type(s):

Private Plaintiff

Public (for-profit) corporation

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of California, State

Secretary of the State and Consumer Services Agency, State

Executive Officer of the California Board of Behavior Sciences, State

President of the California Board of Psychology, State