Case: Welch v. Brown

2:12-cv-02484 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 1, 2012

Closed Date: Jan. 31, 2017

Clearinghouse coding complete

Case Summary

This case challenged a California law (SB 1772) that prohibited mental health providers from engaging in “sexual orientation change efforts” with patients under 18 years of age. SB 1172 defined “sexual orientation change efforts” to include any practices that sought to change not only sexual orientation, but also behavior and gender expression. It also provided that mental health providers who violated the prohibition would be subject to discipline.  The plaintiffs are a group of mental health …

This case challenged a California law (SB 1772) that prohibited mental health providers from engaging in “sexual orientation change efforts” with patients under 18 years of age. SB 1172 defined “sexual orientation change efforts” to include any practices that sought to change not only sexual orientation, but also behavior and gender expression. It also provided that mental health providers who violated the prohibition would be subject to discipline. 

The plaintiffs are a group of mental health professionals who practiced in California and were subject to SB 1172. They brought this lawsuit on October 1, 2012 against a group of California state officials, including the Governor and members of the Board of Behavioral Sciences, in their official capacities in the U.S. District Court for the Eastern District of California. The plaintiffs brought eight claims: SB 1172 violated (1) the Fifth Amendment because it infringed upon the fundamental right to privacy, (2) the First Amendment because it constituted content and viewpoint discrimination, (3) the First and Fifth Amendments because it was unconstitutionally vague, (4) the First and Fifth Amendments because it was substantially overbroad, (5) the First Amendment because it prohibited the free exercise of religion by restricting speech within religious institutions and speech rooted in religious convictions, (6) the Establishment Clause of the First Amendment because it created excessive entanglement between the state and religious organizations, (7) the Fifth Amendment because it infringed upon the fundamental liberty interests of parents to raise their children according to their values, and (8) the First Amendment because it infringed upon the right of association. The plaintiffs sought declaratory relief, a preliminary and permanent injunction against the enforcement of SB 1172, and attorneys’ fees and costs. 

On October 29, 2012, the plaintiffs filed a motion for a preliminary injunction. On December 3, 2012, the court granted the plaintiffs' motion and enjoined the defendants from enforcing SB 1172 against the plaintiffs. The court’s order was based on its finding that the plaintiffs’ had demonstrated a likelihood of success on the merits of their claim that SB 1172 violated their rights to freedom of speech. 

On January 2, 2013, the defendants appealed the district court’s grant of a preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit. They also filed a motion to stay the district court proceedings while their appeal was pending, and the district court granted that motion. On August 29, 2013, the Ninth Circuit reversed the district court’s grant of a preliminary injunction to the plaintiffs. 738 F.3d 1042. The court explained that SB 1172, as a regulation of professional conduct, did not violate the plaintiffs’ free speech rights or rights of association, and was neither vague nor overbroad. The court also said that SB 1172 did not infringe on the fundamental right of parents to raise their children since that right does not include the right to choose a specific type of provider for a specific medical or mental health treatment that the state has reasonably deemed harmful. Furthermore, the court made clear that because the district court did not reach the other constitutional challenges raised by the plaintiffs, it was also not reaching those claims in its decision. Accordingly, the Ninth Circuit remanded the case to the district court for further proceedings consistent with its opinion. The plaintiffs subsequently filed a petition for rehearing en banc, but the Ninth Circuit denied that petition. 

On November 5, 2014, the district court denied the plaintiff’s motion for a preliminary injunction. The court found that the plaintiffs were unlikely to prevail on the merits of any of their claims. The Ninth Circuit had already foreclosed a preliminary injunction for the plaintiffs’ free speech, vagueness, and overbreadth claims. The district court then concluded that plaintiffs (i) were unlikely to succeed on their free exercise claim because SB 1172 was facially neutral, (ii) were unlikely to succeed on their establishment clause claim because SB 1172 did not constitute excessive entanglement under the Lemon test, and (iii) the plaintiffs lacked prudential standing to assert third-party privacy rights. 

The defendants filed a motion for judgment on the pleadings on June 1, 2015. On July 21, 2015 the district court granted that motion and entered judgment in favor of the defendants. The court explained that the Ninth Circuit’s decision on appeal foreclosed the plaintiffs’ free speech claim, and the plaintiff’s were unlikely to prevail for the same reasons the court articulated in its 2014 denial of plaintiff’s motion for a preliminary injunction. 

The plaintiff’s appealed the district court’s grant of judgment on the pleadings to defendants on August 10, 2015. On August 23, 2016, the Ninth Circuit affirmed the district court’s judgment on the pleadings in favor of the defendant. 834 F.3d 1031. The court agreed with the district court that SB 1172 did not foster excessive entanglement in violation of the Establishment Clause and that SB 1172 was neutral and did not violate the Free Exercise Clause. As to the plaintiff’s privacy rights claim, the Ninth Circuit reaffirmed what it had said in its 2013 reversal of the district court’s grant of a preliminary injunction– substantive due process rights did not extend to the choice of a particular type of treatment or health care provider. 

The plaintiffs filed a petition for writ of certiorari to the U.S. Supreme Court on January 3, 2017. The Supreme Court denied that petition on May 1, 2017. 581 U.S. 959. The case is now closed. 

 

Summary Authors

Connor Mulvena (4/22/2025)

Related Cases

Pickup v. Brown, Eastern District of California (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4160822/parties/welch-v-brown/


Judge(s)
Attorney for Plaintiff

Counsel, Kevin Trent (California)

Counsel, Michael J. (California)

Counsel, Matthew McReynolds, (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Alden, Bram Marshall (California)

Dinielli, David C (California)

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Documents in the Clearinghouse

Document
1

2:12-cv-02484

Complaint for Injunctive and Declaratory Relief

Oct. 1, 2012

Oct. 1, 2012

Complaint
9

2:12-cv-02484

Notice of Motion and Motion of Plaintiffs for Preliminary Injunction

Oct. 29, 2012

Oct. 29, 2012

Pleading / Motion / Brief
55

2:12-cv-02484

Memorandum and Order Re: Motion for Preliminary Injunction

Dec. 3, 2012

Dec. 3, 2012

Order/Opinion

907 F.Supp.2d 1102

69

2:12-cv-02484

Order Re: Motion to Stay

Feb. 7, 2013

Feb. 7, 2013

Order/Opinion

2013 WL 496382

81

13-15023

Opinion

Pickup v. Brown

U.S. Court of Appeals for the Ninth Circuit

Aug. 29, 2013

Aug. 29, 2013

Order/Opinion

728 F.3d 1042

88

2:12-cv-02484

Memorandum and Order Re: Motion for Preliminary Injunction

Nov. 5, 2014

Nov. 5, 2014

Order/Opinion

58 F.Supp.3d 1079

97

2:12-cv-02484

Order Re: Motion for Judgment on the Pleadings

July 21, 2015

July 21, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4160822/welch-v-brown/

Last updated Oct. 23, 2025, 4:42 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants by Donald Welch, Anthony Duk, Aaron Bitzer. Attorney Snider, Kevin Trent ADDED. (Snider, Kevin) Modified on 10/2/2012 (Michel, G). (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

Clearinghouse
2

CIVIL COVER SHEET by Aaron Bitzer (Snider, Kevin) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

4

SUMMONS ISSUED as to *Samara Ashley, Michael Bishop, Denise Brown, Edmund G. Brown, Jr, Anna M. Caballero, Silvia Diego, Harry Douglas, Dev Gnana, Julia Johnson, Sarita Kohli, Sharon Levine, Patricia Lock-Dawson, Renee Lonner, Reginald Low, Denise Pines, Karen Pines, Janet Salomonson, Gerrie Schipske, David Serrano Sewell, Christine Wietlisbach, Christina Wong, Barbara Yaroslaysky* with answer to complaint due within *21* days. Attorney *Kevin Trent Snider* *Pacific Justice Institute* *PO Box 276600* *Sacramento, CA 95827*. (Becknal, R) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

5

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/22/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Attachments: # 1 Consent Form, # 2 VDRP Form) (Becknal, R) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

RECEIPT number #CAE200047678 $350.00 by Kevin T. Snider on 10/3/2012. (Becknal, R)

Oct. 3, 2012

Oct. 3, 2012

6

NOTICE of RELATED CASE 2:12-cv-02497 by Donald Welch. (Snider, Kevin) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

7

SUMMONS RETURNED EXECUTED: All Defendants. (Attachments: # 1 Proof of Service Anna Caballero, # 2 Proof of Service Denise Brown, # 3 Proof of Service Christine Wietlisbach, # 4 Proof of Service Patricia Lock-Dawson, # 5 Proof of Service Samara Ashley, # 6 Proof of Service Harry Douglas, # 7 Proof of Service Julia Johnson, # 8 Proof of Service Sarita Kohli, # 9 Proof of Service Renee Lonner, # 10 Proof of Service Karen Pines, # 11 Proof of Service Christina Wong, # 12 Proof of Service Sharon Levine, # 13 Proof of Service Michael Bishop, # 14 Proof of Service Silvia Diego, # 15 Proof of Service Dev Gnanadev, # 16 Proof of Service Reginald Low, # 17 Proof of Service Denise Pines, # 18 Proof of Service Janet Salomonson, # 19 Proof of Service Gerrie Schipske, # 20 Proof of Service David Serrano Sewell, # 21 Proof of Service Barbara Yaroslaysky, # 22 Proof of Service Kamala Harris)(Snider, Kevin) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

8

NON-RELATED CASE ORDER signed by Judge William B. Shubb on 10/24/2012 ORDERING 6 that case(s) 2:12-CV-2484 WBS KJN and 2:12-CV-2497 KJM EFB should NOT be related. (Reader, L) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

RECAP
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MEMORANDUM by Donald Welch in SUPPORT of 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

RECAP
11

DECLARATION of Donald Welch in SUPPORT OF 9 MOTION for PRELIMINARY INJUNCTION . (Attachments: # 1 Exhibit 13, # 2 Exhibit 14)(Snider, Kevin) (Entered: 10/29/2012)

1 Exhibit 13

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2 Exhibit 14

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Oct. 29, 2012

Oct. 29, 2012

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DECLARATION of Bitzer in SUPPORT OF 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

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DECLARATION of Anthony Duk in SUPPORT OF 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

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REQUEST for JUDICIAL NOTICE by Donald Welch in re 9 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Snider, Kevin) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

15

REQUEST for Waiver of Bond Requirement by Donald Welch re 9 MOTION for PRELIMINARY INJUNCTION filed by Donald Welch. (Snider, Kevin) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

16

PROPOSED ORDER re preliminary injunction re 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

17

CERTIFICATE of SERVICE by Donald Welch re 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

9

MOTION for PRELIMINARY INJUNCTION by Donald Welch. Motion Hearing set for 12/3/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Snider, Kevin) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

Clearinghouse
18

NOTICE Erratum by All Plaintiffs re 11 Declaration, 9 MOTION for PRELIMINARY INJUNCTION . (Attachments: # 1 Declaration Welch, # 2 Exhibit 13, # 3 Exhibit 14)(Snider, Kevin) (Entered: 10/30/2012)

Oct. 30, 2012

Oct. 30, 2012

19

STIPULATION and [PROPOSED] ORDER for Extension of Time to Answer or Otherwise Respond to Complaint by Edmund G. Brown, Jr. Attorney Stein, Paul Evan added. (Stein, Paul) Modified on 11/5/2012 (Mena-Sanchez, L). (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

20

MOTION to INTERVENE by Equality California. Motion Hearing set for 12/3/2012 at 2:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Attorney Dinielli, David C added. (Attachments: # 1 Memorandum, # 2 Declaration Clarissa Filgioun, # 3 Declaration Shannan Wilber, # 4 Declaration Christopher Stoll) (Dinielli, David) Modified on 11/7/2012 (Marciel, M) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

21

[PROPOSED] Intervenor Equality California's Corporate Disclosure Statement re 20 MOTION to INTERVENE . (Dinielli, David) Modified on 11/6/2012 (Mena-Sanchez, L). (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

22

[PROPOSED] ORDER re 20 MOTION to INTERVENE by Equality California. (Dinielli, David) Modified on 11/6/2012 (Mena-Sanchez, L). (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

23

EX PARTE APPLICATION to shorten time on Equiality California's Motion to Intervene; or in the alternative, for leave to participate in the proceedings on Plaintiffs' Motion for Preliminary Injunction by Equality California. (Dinielli, David) Modified on 11/6/2012 (Mena-Sanchez, L). (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

24

[PROPOSED] ORDER re Ex Parte Application for an Order Shortening Time 23, 20 MOTION to INTERVENE by Equality California. (Dinielli, David) Modified on 11/7/2012 (Mena-Sanchez, L). (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

25

NOTICE of APPEARANCE by Michelle Friedland on behalf of Equality California. Attorney Friedland, Michelle added. (Friedland, Michelle) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

26

MINUTE ORDER: (Text Only Entry) You are hereby notified that the Motion Hearing re 20 Motion to Intervene previously scheduled for 12/03/12 at 2:00 PM is vacated and RESET for 11/6/2012 at 03:30 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Souvannarath, A) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

27

STIPULATION and ORDER 19 signed by Judge William B. Shubb on 11/2/2012 extending defendants' deadline to answer to complaint to 28 days after this Court issues a decision on plaintiffs' motion for preliminary injunction. (Kirksey Smith, K) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

RECAP
28

OPPOSITION by Donald Welch to 20 MOTION to INTERVENE.(Attachments: # 1 Objections to Declarations)(Snider, Kevin) Modified on 11/7/2012 (Mena-Sanchez, L). (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

29

MINUTES (Text Only) for proceedings held before Judge William B. Shubb: MOTION HEARING held on 11/6/2012 re 20 Equality California's MOTION to INTERVENE. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a final order. Plaintiffs Counsel Kevin Snider present. Defendants Counsel Paul Stein, Dan Powell, Alexandra Robert Gordon, David Dinielli, Michelle Friedland present. Defendant Intervenor Counsel Shannon Minter, Christopher Stoll present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

30

ORDER signed by Judge William B. Shubb on 11/7/2012. On 11/6/2012, Court held oral argument on Equality Californias 20 Motion to Intervene. Good cause appearing, the 20 Motion for Intervention is DENIED without prejudice. Equality California is hereby GRANTED leave to appear as Amicus Curiae and file a Brief, together with supporting Declarations, in Opposition to plaintiffs' 9 Motion for Preliminary Injunction in accordance same schedule as defendants, and may be heard at oral argument on Motion for Preliminary Injunction. (Marciel, M) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

RECAP
31

NOTICE of APPEARANCE by Alexandra Robert Gordon on behalf of all defendants. 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

32

TRANSCRIPT of Proceedings held on 11/6/12, before Judge William B. Shubb, filed by Court Reporter Kimberly Bennett, Phone number 916-442-8420 E-mail reporter.bennett@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 12/7/2012. Redacted Transcript Deadline set for 12/17/2012. Release of Transcript Restriction set for 2/14/2013. (Bennett, K) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

33

OPPOSITION TO 9 MOTION for PRELIMINARY INJUNCTION filed by Edmund G. Brown, Jr. (Gordon, Alexandra) Modified on 11/20/2012 (Kirksey Smith, K). (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

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34

DECLARATION of Paul Stein in OPPOSITION TO 33 MOTION for PRELIMINARY INJUNCTION Opposition Brief. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Gordon, Alexandra) (Entered: 11/19/2012)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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Nov. 19, 2012

Nov. 19, 2012

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35

DECLARATION of Gregory Herek in OPPOSITION TO 33 MOTION for PRELIMINARY INJUNCTION Opposition Brief. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Gordon, Alexandra) (Entered: 11/19/2012)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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Nov. 19, 2012

Nov. 19, 2012

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DECLARATION of Lee Beckstead in OPPOSITION TO 33 MOTION for PRELIMINARY INJUNCTION Opposition Brief. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Gordon, Alexandra) (Entered: 11/19/2012)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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Nov. 19, 2012

Nov. 19, 2012

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37

OBJECTIONS by Defendant Edmund G. Brown, Jr. (Gordon, Alexandra) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

38

PROPOSED ORDER re Evidentiary Objections re 37 Objections by Edmund G. Brown, Jr. (Gordon, Alexandra) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

39

OPPOSITION by Equality California to 9 MOTION for PRELIMINARY INJUNCTION . (Dinielli, David) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

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40

DECLARATION of Douglas C. Haldeman in OPPOSITION TO 9 MOTION for PRELIMINARY INJUNCTION . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dinielli, David) (Entered: 11/19/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 19, 2012

Nov. 19, 2012

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41

DECLARATION of Caitlin Ryan in OPPOSITION TO 9 MOTION for PRELIMINARY INJUNCTION . (Attachments: # 1 Exhibit A)(Dinielli, David) (Entered: 11/19/2012)

1 Exhibit A

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Nov. 19, 2012

Nov. 19, 2012

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42

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

43

NOTICE of APPEARANCE by Michelle Friedland on behalf of Equality California. (Friedland, Michelle) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

44

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

45

NOTICE of Corrections to Declaration of A. Lee Beckstead by Edmund G. Brown, Jr re 36 Declaration. (Attachments: # 1 Exhibit Exhibit A)(Stein, Paul) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

46

NOTICE OF LODGING DOCUMENT IN PAPER by Equality California: CD Containing Statement of Dr. Robert Spitzer. (Dinielli, David) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

47

NOTICE of APPEARANCE by Lika Cynthia Miyake on behalf of Equality California. Attorney Miyake, Lika Cynthia added. (Miyake, Lika) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

48

NOTICE of APPEARANCE by Bram Marshall Alden on behalf of Equality California. Attorney Alden, Bram Marshall added. (Alden, Bram) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

49

REPLY by Aaron Bitzer re 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 11/26/2012)

Nov. 26, 2012

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OBJECTIONS by Plaintiff Aaron Bitzer to 36 Declaration, 35 Declaration, 34 Declaration. (Snider, Kevin) (Entered: 11/26/2012)

Nov. 26, 2012

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OBJECTIONS by Plaintiff Aaron Bitzer to 39 Opposition to Motion, 41 Declaration, 40 Declaration. (Snider, Kevin) (Entered: 11/26/2012)

Nov. 26, 2012

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52

REQUEST for JUDICIAL NOTICE by Equality California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Dinielli, David) (Entered: 11/30/2012)

Nov. 30, 2012

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OBJECTIONS by Plaintiffs Aaron Bitzer, Anthony Duk, Donald Welch to 52 Request for Judicial Notice. (Snider, Kevin) (Entered: 12/03/2012)

Dec. 3, 2012

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54

MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: MOTION HEARING held on 12/3/2012 re 9 Plaintiffs' Motion for Preliminary Injunction. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs Counsel Kevin Snider, Matthew McReynolds present. Defendants Counsel Alexandra Robert Gordon present. Amicus Counsel Christopher Stoll, Shannon Price Minter, David Dinielli, Michelle Friedland present. Court Reporter: Kathy Swinhart. (Kirksey Smith, K) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

55

MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 12/3/2012 re 9 Motion for Preliminary Injunction : IT IS ORDERED that plaintiffs' motion for a preliminary injunction be, and the same hereby is, GRANTED. Pending final resolution of this action, defendants are hereby enjoined from enforcing the provisions of SB 1172 (to be codified at Cal. Bus. & Prof. Code §§ 865-865.2) as against plaintiffs Donald Welch, Anthony Duk, and Aaron Bitzer. (Kirksey Smith, K) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

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DECLARATION of Alice Kessler re 52 Request for Judicial Notice. (Friedland, Michelle) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

57

TRANSCRIPT of Proceedings, plaintiffs' motion for preliminary injunction, held on December 3, 2012, before Senior Judge William B. Shubb, filed by Court Reporter Kathy Swinhart, Phone number 916-446-1347 E-mail kswinhartcsr@gmail.com. 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 also be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 12/27/2012. Redacted Transcript Deadline set for 1/7/2013. Release of Transcript Restriction set for 3/7/2013. (Swinhart, K) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

58

ANSWER to 1 Complaint by Edmund G. Brown, Jr.(Gordon, Alexandra) (Entered: 12/31/2012)

Dec. 31, 2012

Dec. 31, 2012

59

NOTICE of APPEAL by Samara Ashley, Michael Bishop, Denise Brown, Edmund G. Brown, Jr, Anna M. Caballero, Silvia Diego, Harry Douglas, Dev Gnana, Julia Johnson, Sarita Kohli, Sharon Levine, Patricia Lock-Dawson, Renee Lonner, Reginald Low, Denise Pines, Karen Pines, Janet Salomonson, Gerrie Schipske, David Serrano Sewell, Christine Wietlisbach, Christina Wong, Barbara Yaroslaysky as to 55 Order on Motion for Preliminary Injunction,. (Attachments: # 1 Representation Statement)(Gordon, Alexandra) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

61

MOTION to STAY by Defendants. Motion Hearing set for 2/11/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order)(Gordon, Alexandra) Modified on 1/8/2013 (Zignago, K.). (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

RECEIPT number #CAE200049480 $455.00 fbo Samara Ashley, et al. by Don Ocampo on 1/2/2013. (Michel, G)

Jan. 2, 2013

Jan. 2, 2013

62

APPEAL PROCESSED to Ninth Circuit re 59 Notice of Appeal filed by David Serrano Sewell, Edmund G. Brown, Jr., Samara Ashley, Denise Pines, Gerrie Schipske, Renee Lonner, Karen Pines, Harry Douglas, Sarita Kohli, Julia Johnson, Sharon Levine, Denise Brown, Christine Wietlisbach, Janet Salomonson, Patricia Lock-Dawson, Silvia Diego, Barbara Yaroslaysky, Christina Wong, Dev Gnana, Reginald Low, Anna M. Caballero, Michael Bishop. Filed dates for Notice of Appeal *1/2/2013*, Complaint *10/1/2012* and Appealed Order / Judgment *12/3/2012*. Court Reporter: *Kathy Swinhart*. *Fee Status: Paid on 1/2/2013 in the amount of $455.00* ** Hearing Dates of *12/3/2012* (Attachments: # 1 Appeal Information, # 2 Certificate of Record) (Waggoner, D) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

63

JOINT STATUS REPORT by Aaron Bitzer. (Snider, Kevin) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

64

TRANSCRIPT REQUEST by Samara Ashley, Michael Bishop, Denise Brown, Edmund G. Brown, Jr., Anna M. Caballero, Silvia Diego, Harry Douglas, Dev Gnana, Julia Johnson, Sarita Kohli, Sharon Levine, Patricia Lock-Dawson, Renee Lonner, Reginald Low, Denise Pines, Karen Pines, Janet Salomonson, Gerrie Schipske, David Serrano Sewell, Christine Wietlisbach, Christina Wong, Barbara Yaroslaysky. (Gordon, Alexandra) Modified on 1/7/2013 (Michel, G). (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

65

MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is continued from 1/22/2013 to 3/4/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb, pending hearing on 61 Defendants' Motion to Stay now set for hearing on 2/11/ 2013. An Amended Joint Status Report shall be filed no later than 2/19/2013. (Kirksey Smith, K) Modified on 1/17/2013 (Kirksey Smith, K). (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

66

OPPOSITION by Aaron Bitzer to 61 MOTION to STAY. (Snider, Kevin) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

67

USCA CASE NUMBER 13-15023 for 59 Notice of Appeal,, filed by David Serrano Sewell, Edmund G. Brown, Jr., Samara Ashley, Denise Pines, Gerrie Schipske, Renee Lonner, Karen Pines, Harry Douglas, Sarita Kohli, Julia Johnson, Sharon Levine, Denise Brown, Christine Wietlisbach, Janet Salomonson, Patricia Lock-Dawson, Silvia Diego, Barbara Yaroslaysky, Christina Wong, Dev Gnana, Reginald Low, Anna M. Caballero, Michael Bishop. (Zignago, K.) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

68

MEMORANDUM by Samara Ashley, Michael Bishop, Denise Brown, Edmund G. Brown, Jr, Anna M. Caballero, Silvia Diego, Harry Douglas, Dev Gnana, Julia Johnson, Sarita Kohli, Sharon Levine, Patricia Lock-Dawson, Renee Lonner, Reginald Low, Denise Pines, Karen Pines, Janet Salomonson, Gerrie Schipske, David Serrano Sewell, Christine Wietlisbach, Christina Wong, Barbara Yaroslaysky in SUPPORT of 61 MOTION to STAY. (Gordon, Alexandra) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

69

ORDER signed by Senior Judge William B. Shubb on 2/6/13 GRANTING 61 Motion to Stay. All proceedings in this action are hereby STAYED pending the appeal in 2:12cv2497. The 2/11/13 Motion Hearing is VACATED. (Manzer, C) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

Clearinghouse
70

TRANSMITTED RECORD on APPEAL to USCA # *13-15023* re 59 Notice of Appeal,,. * Volumes of Expandable Folders: 1 EL of CD copy of statement.* (Donati, J) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

ACKNOWLEDGEMENT OF RECEIPT of CD copy of the Statement of Dr. Robert Spitzer from David Dinielli for Equality California re: 46 Notice of Lodging. (TEXT ONLY ENTRY) (Donati, J)

April 1, 2013

April 1, 2013

71

MINUTE ORDER (TEXT ONLY): The Court is in receipt of the Ninth Circuit Mandate and Opinion filed on 8/29/2013, and hereby orders a Status Conference set for 11/12/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. A Joint Status Report shall be filed no later than 10/28/2013. (Kirksey Smith, K) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

72

USCA OPINION as to 59 Notice of Appeal. Decision of district court REVERSED. (Donati, J) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

73

STIPULATION and PROPOSED ORDER for Continuance of Status Conference by Donald Welch. (Attachments: # 1 Proposed Order)(Snider, Kevin) (Entered: 10/10/2013)

1 Proposed Order

View on PACER

Oct. 10, 2013

Oct. 10, 2013

RECAP
74

STIPULATION and ORDER 73 signed by Senior Judge William B. Shubb on 10/10/13 ORDERING the Status Conference CONTINUED to 2/18/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 2/4/2014. (Kastilahn, A) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

RECAP
75

STIPULATION re joint status report 74 Stipulation and Order. by Donald Welch. (Attachments: # 1 Proposed Order)(Snider, Kevin) Modified on 1/27/2014 (Kaminski, H). (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

76

STIPULATION and ORDER for continuance 75 signed by Senior Judge William B. Shubb on 1/28/2014 resetting the Scheduling Conference for 4/28/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 4/14/2014. (Kirksey Smith, K) (Entered: 01/28/2014)

Jan. 28, 2014

Jan. 28, 2014

RECAP
77

USCA ORDER AND AMENDED OPINION as to 59 Notice of Appeal: The Order granting preliminary relief in Welch, No. 13-15023, is REVERSED. Case REMANDED for further proceedings consistent with this opinion. (Kastilahn, A) (Entered: 01/30/2014)

Jan. 29, 2014

Jan. 29, 2014

78

MANDATE of USCA as to 59 Notice of Appeal: The judgment of this Court, entered 8/29/2013, and amended 1/29/2014, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Kastilahn, A) (Entered: 02/24/2014)

Feb. 21, 2014

Feb. 21, 2014

79

JOINT STATUS REPORT by Donald Welch. (Snider, Kevin) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

80

MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is continued from 4/28/2014 to 9/29/2014 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb, pending resolution of the Petition for Writ of Certiorari. The Scheduling Conference shall be automatically vacated upon issuance of said Writ. An amended Joint Status Report shall be filed no later than 9/15/2014, if the matter is to proceed on 9/29/2014. (Kirksey Smith, K) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

81

DESIGNATION of COUNSEL for SERVICE. Attorney William David Temko added for Equality California, attorney David C Dinielli terminated. (Miyake, Lika) Modified on 5/1/2014 (Marciel, M) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

82

AMENDED JOINT STATUS REPORT by Aaron Bitzer. (Snider, Kevin) Modified on 9/15/2014 (Kaminski, H). (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

83

MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: SCHEDULING CONFERENCE held on 9/29/2014. Court and counsel discussed scheduling of the case. Court ORDERED defendants to submit a supplemental brief no later than October 1, 2014. Plaintiffs to submit any supplemental reply brief no later than October 8, 2014. Further Scheduling Conference set for 11/3/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiffs Counsel Kevin Snider present. Defendants Counsel Alexandra Gordon and Christopher Stoll (Counsel for Amicus party) present. Court Reporter/CD Number: Kelly O'Halloran. (Shaddox-Waldrop, A) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

84

DESIGNATION OF COUNSEL FOR SERVICE: Attorneys Katherine Melanie Forster for Equality California; Attorneys Lika Cynthia Miyake, Bram Marshall Alden, Michelle Friedland TERMINATED. (Forster, Katherine) Modified on 10/1/2014 (Michel, G). (Entered: 09/30/2014)

Sept. 30, 2014

Sept. 30, 2014

85

RESPONSE by Edmund G. Brown, Jr to 10 Memorandum in Support of Motion. (Gordon, Alexandra) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

86

SUPPLEMENT BRIEF - Reply Letter by Aaron Bitzer. (Snider, Kevin) Modified on 10/8/2014 (Marciel, M) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

87

MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: MOTION HEARING held on 11/3/2014 re 9 Plaintiff's MOTION for PRELIMINARY INJUNCTION. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs Counsel Kevin Snider present. Defendants Counsel Alexandra Robert Gordon, Tamar Pachter, Christopher Stoll (deft intervnr) present. Court Reporter: Michelle Babbitt. (Kirksey Smith, K) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

88

MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 11/4/14 ORDERING that Plaintiffs' MOTION for a Preliminary Injunction 9 is DENIED.(Mena-Sanchez, L) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

Clearinghouse
89

JOINT REQUEST for Scheduling Order by Aaron Bitzer. (Snider, Kevin) Modified on 12/5/2014 (Meuleman, A). (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

90

MOTION for JUDGMENT on the Pleadings by Defendants. Motion Hearing set for 6/29/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Gordon, Alexandra) Modified on 6/3/2015 (Kastilahn, A). (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

91

STIPULATION re 90 MOTION for JUDGMENT on the Pleadings by Donald Welch. (Attachments: # 1 Proposed Order)(Snider, Kevin) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

92

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/9/15 re 91 . The hearing on 90 MOTION for JUDGMENT is CONTINUED to 7/27/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Plaintiffs' opposition brief is due 7/13/15; Defendants' reply brief due 7/20/15. (Meuleman, A) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

RECAP
93

OPPOSITION by Aaron Bitzer to 90 MOTION for JUDGMENT on the Pleadings. (Snider, Kevin) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

94

REQUEST for JUDICIAL NOTICE by Aaron Bitzer in re 93 Opposition to Motion. (Attachments: # 1 APA Report)(Snider, Kevin) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

95

DECLARATION of Donald Welch in OPPOSITION TO 90 MOTION for JUDGMENT on the Pleadings. (Snider, Kevin) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

96

REPLY in support of 90 Motion for Judgment on the Pleadings by Edmund G. Brown, Jr. (Attachments: # 1 Objections to Plaintiffs' Evidence, # 2 Proof of Service) (Gordon, Alexandra) Modified on 7/21/2015 (Michel, G.). (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

97

ORDER signed by Senior Judge William B. Shubb on 7/21/2015 ORDERING that defendants' 90 motion for judgment on the pleadings be, and the same hereby is, GRANTED; the clerk is instructed to enter judgment in favor of defendants on all claims and close the case. CASE CLOSED(Reader, L) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

Clearinghouse
98

JUDGMENT dated *7/21/2015* in favor of Defendants against Plaintiffs pursuant to order, signed by Senior Judge William B. Shubb on 7/21/2015. (Reader, L) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

99

NOTICE OF APPEAL as to 98 Judgment by Anthony Duk. (Filing fee $505.00, receipt number 0972-6024352) (Attachments: # 1 Statement of Issues, # 2 Docketing Statement, # 3 Copy of Judgment, # 4 Copy of Order re Judgment on Pleadings) (Snider, Kevin) Modified on 8/11/2015 (Michel, G.). (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

Case Details

State / Territory:

California

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 1, 2012

Closing Date: Jan. 31, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of mental health professionals practicing in California who were subject to SB 1172.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Establishment Clause

Freedom of speech/association

Free Exercise Clause

Other Dockets:

Eastern District of California 2:12-cv-02484

U.S. Court of Appeals for the Ninth Circuit 13-15023

U.S. Court of Appeals for the Ninth Circuit 15-16598

Supreme Court of the United States 16-00845

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Affected Religion(s):

Catholicism

Christianity

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Mental health care, general