Case: Felber v. Yudof

3:11-cv-01012 | U.S. District Court for the Northern District of California

Filed Date: March 4, 2011

Closed Date: July 24, 2012

Clearinghouse coding complete

Case Summary

This case challenged UC Berkeley for allegedly permitting a hostile antisemitic environment on its campus and failing to implement policies that would protect Jewish students from threats, intimidation, and harassment by registered student organizations. Defendants’ alleged actions were said to have contributed to the assault of a Jewish student by a student organization leader. Other cases involving universities’ responses to speech and activity concerning Israel and Palestine, including matte…

This case challenged UC Berkeley for allegedly permitting a hostile antisemitic environment on its campus and failing to implement policies that would protect Jewish students from threats, intimidation, and harassment by registered student organizations. Defendants’ alleged actions were said to have contributed to the assault of a Jewish student by a student organization leader. Other cases involving universities’ responses to speech and activity concerning Israel and Palestine, including matters involving antisemitism and/or anti-Palestinian expression, can be found here

On March 4, 2011, a Jewish student at UC Berkeley filed a lawsuit in the U.S. District Court for the Northern District of California against the Regents of the University of California, UC Berkeley, university leadership, the Associated Students of the University of California (ASUC), and its ASUC Auxiliary. The plaintiff brought claims under the First Amendment, Cal. Const. art. I, § 4, 42 U.S.C. § 1983, negligence and premises liability, California Civil Code §§ 51, 51.5, 51.7, 52, 52.1, Title VI of the Civil Rights Act of 1964, breach of fiduciary duty, and California Government Code § 11135. The plaintiff sought damages and attorneys’ fees. The case was assigned to Judge Richard Seeborg.

In the complaint, the plaintiff alleged that the defendants violated her First Amendment rights by allowing a hostile campus environment that limited her ability to practice and express her Jewish faith. She also claimed violations of the California Constitution for restricting her religious expression and 42 U.S.C. § 1983 for depriving her of federally protected rights to religious exercise and assembly. Additionally, she argued the university failed its duty to provide a safe campus, allowed discriminatory harassment under California Civil Code, and showed deliberate indifference to antisemitic harassment in violation of Title VI. The complaint further claimed breach of fiduciary duty, since she was a minor, and violation of California Government Code for interfering with her religious practice in a state-funded program.

The plaintiff filed a first amended complaint on May 18, 2011. The revised complaint, among other things, removed the breach of fiduciary duty and negligence/premises liability claims, added a request for injunctive relief, joined an additional plaintiff, and expanded the factual record.

On June 23, 2011, ASUC filed a motion to dismiss. Separately, the remaining defendants (the Regents of the University of California and individual university officials) filed a motion to dismiss on July 5, 2011.

The court granted both motions to dismiss on December 22, 2011. The First Amendment and § 1983 claims were dismissed without leave to amend for failure to allege any deprivation of freedom of assembly and because state actors had no constitutional duty to prevent private interference with others’ rights. The Title VI claim against the Regents of the University of California and the individual defendants was dismissed with leave to amend due to protected speech concerns and the plaintiffs’ failure to allege severe and pervasive harassment, denial of educational access, or deliberate indifference. All federal claims against ASUC were dismissed without leave to amend because the plaintiffs showed no basis for holding ASUC responsible for controlling the conduct of third parties. The court declined to reach the state law claims, which could have been re-pleaded in an amended complaint. 851 F. Supp. 2d 1182.

On January 6, 2012, the plaintiffs filed a second amended complaint. Among other changes, the revised complaint removed all defendants except the Regents of the University of California, eliminated the state law claims, bolstered the remaining claims, and added a Fourteenth Amendment claim asserting that the defendant denied Jewish students equal protection by failing to adequately address anti-Semitic harassment, while providing greater protection to Black and female students from less severe harassment.

On June 20, 2012, the court was informed that the parties had reached a settlement agreement. Although the terms of the settlement have not been publicly disclosed, the Daily Californian reported that “[f]ollowing the settlement of a lawsuit alleging that demonstrations on the UC Berkeley campus created a hostile environment for Jewish students, the campus is considering changes to its policy for public expression.” Accordingly, the court entered an order dismissing the action with prejudice on July 24, 2012. 

This case is now closed. 

Summary Authors

Dahlia Gottlieb (3/16/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4177983/parties/felber-v-yudof/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Brock, Gregory P. (California)

Eidmann, Kathryn Ann (California)

Friedland, Michelle (California)

Himelstein, E. Mark (California)

Phillips, Bradley S. (California)

Documents in the Clearinghouse

Documents in this case
1

3:11-cv-01012

Civil Rights Complaint For Damages Re Endangerment Of Health And Safety Of Jewish University Of California Student Jessica Felber: Request For Jury Trial

Felber v. Yudof et al.

March 4, 2011

March 4, 2011

Complaint
15

3:11-cv-01012

First Amended Civil Rights Complaint for Damages, Injunctive and Declaratory Relief to Prevent Continued Endangerment of Health and Safety of Jewish University of California Students:

Felber et al. v. Yudof et al.

May 18, 2011

May 18, 2011

Complaint
23

3:11-cv-01012

Defendant Associated Students of the University of California's Memorandum of Points and Authorities in Support of Motion to Dismiss First Amended Complaint

June 23, 2011

June 23, 2011

Pleading / Motion / Brief
29

3:11-cv-01012

Notice of Motion and Motion to Dismiss of Defendants Mark G. Yudof, President of California; the Regents of the University of California; Robert J. Birgeneau, Chancellor of the University of California, Berkeley; and Jonathan Poullard, Dean of Students of the University of California, Berkeley

July 5, 2011

July 5, 2011

Pleading / Motion / Brief
59

3:11-cv-01012

Order Granting Motions to Dismiss

Dec. 22, 2011

Dec. 22, 2011

Order/Opinion

851 F.Supp.2d 1182

60

3:11-cv-01012

Second Amended Civil Rights Complaint for Damages, Injunctive and Declaratory Relief to Prevent Continued Endangerment of Health and Safety of Jewish University of California Students

Jan. 6, 2012

Jan. 6, 2012

Complaint
86

3:11-cv-01012

Standby Order of Dismissal

June 20, 2012

June 20, 2012

Order/Opinion
88

3:11-cv-01012

Order Dismissing with Prejudice Actions in it's Entirety

July 25, 2012

July 25, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4177983/felber-v-yudof/

Last updated Aug. 3, 2026, 4:43 p.m.

Docket for: Felber v. Yudof
ECF Number Date Description Link
1 March 4, 2011

COMPLAINT with jury demand (summons issued) against ASUC Auxiliary, Associated Students University of California, Robert J. Birgeneau, Regents of the University of California, University of California, Berkeley, Mark Yodof ( Filing fee $ 350, receipt number 34611057050.). Filed byJessica Felber. (vlk, COURT STAFF) (Filed on 3/4/2011) (Additional attachment(s) added on 3/14/2011: # 1 Exhibit A, # 2 Civil Cover Sheet) (vlk, COURT STAFF). (Entered: 03/09/2011)

Clearinghouse
2 March 4, 2011

ADR SCHEDULING ORDER: Case Management Statement due by 6/8/2011. Case Management Conference set for 6/15/2011 01:30 PM. (Attachments: # 1 Standing Order)(vlk, COURT STAFF) (Filed on 3/4/2011) (Entered: 03/09/2011)

RECAP
3 March 4, 2011

Summons Issued as to ASUC Auxiliary, Associated Students University of California, Robert J. Birgeneau, Regents of the University of California, University of California, Berkeley, Mark Yodof. (vlk, COURT STAFF) (Filed on 3/4/2011) (Entered: 03/09/2011)

RECAP
4 March 17, 2011

Declination to Proceed Before a U.S. Magistrate Judge by Jessica Felber and Request for Reassignment to a USD Judge. (Siegal, Joel) (Filed on 3/17/2011) (Entered: 03/17/2011)

RECAP
5 March 21, 2011

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 3/21/2011) (Entered: 03/21/2011)

RECAP
6 March 22, 2011

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Richard Seeborg for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on March 22, 2011. (cjl, COURT STAFF) (Filed on 3/22/2011) (Entered: 03/22/2011)

RECAP
7 March 22, 2011

CLERKS NOTICE SCHEDULING A CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 6/16/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (cl, COURT STAFF) (Filed on 3/22/2011) (Entered: 03/22/2011)

RECAP
8 March 28, 2011

NOTICE of Appearance by Michelle Friedland (Friedland, Michelle) (Filed on 3/28/2011) (Entered: 03/28/2011)

RECAP
9 April 6, 2011

STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT, SET BRIEFING SCHEDULE, AND POSTPONE CASE MANAGEMENT CONFERENCE by Robert J. Birgeneau, Regents of the University of California, Mark Yodof. (Attachments: # 1 Proposed Order)(Friedland, Michelle) (Filed on 4/6/2011) (Entered: 04/06/2011)

RECAP
10 April 6, 2011

ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT, SET BRIEFING SCHEDULE AND POSTPONE CASE MANAGEMENT CONFERENCE AS MODIFIED BY THE COURT. Signed by Judge Richard Seeborg on 4/6/11. (cl, COURT STAFF) (Filed on 4/6/2011) (Entered: 04/06/2011)

RECAP
11 April 16, 2011

SUMMONS Returned Executed by Jessica Felber. ASUC Auxiliary served on 3/30/2011, answer due 4/20/2011; Associated Students University of California served on 3/30/2011, answer due 4/20/2011; Robert J. Birgeneau served on 3/30/2011, answer due 4/20/2011; Regents of the University of California served on 3/21/2011, answer due 4/11/2011; University of California, Berkeley served on 3/21/2011, answer due 4/11/2011; Mark Yodof served on 3/21/2011, answer due 4/11/2011. (Siegal, Joel) (Filed on 4/16/2011) Modified on 4/19/2011 (slh, COURT STAFF). (Entered: 04/16/2011)

RECAP
12 April 29, 2011

STIPULATION To Postpone Briefing Schedule And Case Management Conference And Extend Page Limits by Robert J. Birgeneau, Regents of the University of California, Mark Yodof. (Attachments: # 1 Proposed Order To Postpone Briefing Schedule And Case Management Conference And Extend Page Limits)(Friedland, Michelle) (Filed on 4/29/2011) (Entered: 04/29/2011)

RECAP
13 May 2, 2011

ORDER TO POSTPONE BRIEFING SCHEDULE AND CASE MANAGEMENT CONFERENCE AND EXTEND PAGE LIMITS. Initial Case Management Conference set for 8/11/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 5/2/11. (cl, COURT STAFF) (Filed on 5/2/2011) (Entered: 05/02/2011)

RECAP
14 May 2, 2011

NOTICE of Appearance by Kathryn Ann Eidmann (Eidmann, Kathryn) (Filed on 5/2/2011) (Entered: 05/02/2011)

RECAP
15 May 18, 2011

AMENDED COMPLAINT First Amended Complaint against new party Jonathan Poullard and against all parties in original complaint against ASUC Auxiliary, Associated Students University of California, Robert J. Birgeneau, Regents of the University of California, University of California, Berkeley, Mark Yodof. Filed byJessica Felber. (Attachments: # 1 Exhibit C, D, E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H)(Siegal, Joel) (Filed on 5/18/2011) (Entered: 05/18/2011)

1 Exhibit C, D, E

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2 Exhibit F

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3 Exhibit G

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4 Exhibit H

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Clearinghouse
16 May 18, 2011

MOTION of Neal M. Sher for leave to appear in Pro Hac Vice (Filing fee $ 275, receipt number 34611059977) filed by Jessica Felber. (Attachments: # 1 Proposed Order)(slh, COURT STAFF) (Filed on 5/18/2011) (Entered: 05/18/2011)

RECAP
17 May 18, 2011

Summons Issued as to Jonathan Poullard. (slh, COURT STAFF) (Filed on 5/18/2011) (Entered: 05/18/2011)

RECAP
18 May 23, 2011

STIPULATION TO ADD DEFENDANT JONATHAN POULLARD TO CURRENT BRIEFING SCHEDULE by Robert J. Birgeneau, Jonathan Poullard, Regents of the University of California, University of California, Berkeley, Mark Yodof. (Friedland, Michelle) (Filed on 5/23/2011) (Entered: 05/23/2011)

RECAP
19 May 25, 2011

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY NEAL M. SHER PRO HAC VICE. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 5/25/2011) (Entered: 05/25/2011)

RECAP
20 June 21, 2011

NOTICE of Appearance by Gregory P. Brock and Mark Himelstein (Brock, Gregory) (Filed on 6/21/2011) (Entered: 06/21/2011)

RECAP
21 June 21, 2011

NOTICE of Appearance by Bradley S. Phillips (Phillips, Bradley) (Filed on 6/21/2011) (Entered: 06/21/2011)

RECAP
22 June 23, 2011

MOTION to Dismiss filed by Associated Students University of California. Motion Hearing set for 9/22/2011 01:30 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 8/16/2011. Replies due by 9/2/2011. (Brock, Gregory) (Filed on 6/23/2011) (Entered: 06/23/2011)

RECAP
23 June 23, 2011

Memorandum of Points and Authorities in support of 22 Motion to Dismiss filed by Associated Students University of California. Motion Hearing set for 9/22/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 8/16/2011. Replies due by 9/2/2011. (Brock, Gregory) (Filed on 6/23/2011) Modified on 6/25/2011 (gba, COURT STAFF). (Entered: 06/23/2011)

Clearinghouse
24 June 23, 2011

Declaration of Mark Himelstein in support of 22 Motion to Dismiss filed by Associated Students University of California. Motion Hearing set for 9/22/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 8/16/2011. Replies due by 9/2/2011. (Brock, Gregory) (Filed on 6/23/2011) Modified on 6/25/2011 (gba, COURT STAFF). (Entered: 06/23/2011)

RECAP
25 June 23, 2011

Request for Judicial Notice in support of 22 Motion to Dismiss filed by Associated Students University of California. Motion Hearing set for 9/22/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 8/16/2011. Replies due by 9/2/2011. (Attachments: # 1 Exhibit Exhs A, B, C, # 2 Exhibit Exh D, # 3 Exhibit Exh E)(Brock, Gregory) (Filed on 6/23/2011) Modified on 6/25/2011 (gba, COURT STAFF). (Entered: 06/23/2011)

RECAP
26 June 23, 2011

Proposed Order re 22 Motion to Dismiss filed by Associated Students University of California. Motion Hearing set for 9/22/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 8/16/2011. Replies due by 9/2/2011. (Brock, Gregory) (Filed on 6/23/2011) Modified on 6/25/2011 (gba, COURT STAFF). (Entered: 06/23/2011)

RECAP
27 June 23, 2011

Certificate of Interested Entities by Associated Students University of California (Brock, Gregory) (Filed on 6/23/2011) (Entered: 06/23/2011)

RECAP
28 June 23, 2011

CERTIFICATE OF SERVICE by Associated Students University of California - Proof of Service by Mail on Neal Sher (Brock, Gregory) (Filed on 6/23/2011) (Entered: 06/23/2011)

RECAP
29 July 5, 2011

MOTION to Dismiss First Amended Complaint filed by Robert J. Birgeneau, Jonathan Poullard, Regents of the University of California, University of California, Berkeley, Mark Yodof. Motion Hearing set for 9/22/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 8/16/2011. Replies due by 9/2/2011. (Attachments: # 1 Proposed Order)(Friedland, Michelle) (Filed on 7/5/2011) (Entered: 07/05/2011)

Clearinghouse
30 July 5, 2011

Certificate of Interested Entities by Robert J. Birgeneau, Jonathan Poullard, Regents of the University of California, University of California, Berkeley, Mark Yodof (Friedland, Michelle) (Filed on 7/5/2011) (Entered: 07/05/2011)

RECAP
31 Aug. 9, 2011

RESPONSE (re 22 MOTION to Dismiss ) PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION filed byJessica Felber, Brian Maissy. (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
32 Aug. 9, 2011

DECLARATION in Opposition to 31 Opposition/Response to Motion Declaration of Jessica Felber filed byJessica Felber, Brian Maissy. (Related document(s) 31 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
33 Aug. 9, 2011

DECLARATION of Brian Maissy in Opposition to 31 Opposition/Response to Motion filed byJessica Felber, Brian Maissy. (Related document(s) 31 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
34 Aug. 9, 2011

DECLARATION of Mel Gordon in Opposition to 31 Opposition/Response to Motion filed byJessica Felber, Brian Maissy. (Related document(s) 31 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
35 Aug. 9, 2011

DECLARATION of Ronald Sandee in Opposition to 31 Opposition/Response to Motion to Dismiss filed byJessica Felber, Brian Maissy. (Related document(s) 31 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
36 Aug. 9, 2011

DECLARATION of Joel H. Siegal in Opposition to 31 Opposition/Response to Motion to Dismiss filed byJessica Felber, Brian Maissy. (Related document(s) 31 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
37 Aug. 9, 2011

Request for Judicial Notice re 31 Opposition/Response to Motion to Dismiss filed byJessica Felber, Brian Maissy. (Related document(s) 31 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
38 Aug. 9, 2011

RESPONSE (re 29 MOTION to Dismiss First Amended Complaint ) PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION filed byJessica Felber, Brian Maissy. (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
39 Aug. 9, 2011

DECLARATION of Jessica Felber in Opposition to 38 Opposition/Response to Motion to Dismiss filed byJessica Felber, Brian Maissy. (Related document(s) 38 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
40 Aug. 9, 2011

DECLARATION of Brian Maissy in Opposition to 38 Opposition/Response to Motion to Dismiss filed byJessica Felber, Brian Maissy. (Related document(s) 38 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
41 Aug. 9, 2011

DECLARATION of Mel Gordon in Opposition to 38 Opposition/Response to Motion to Dismiss filed byJessica Felber, Brian Maissy. (Related document(s) 38 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
42 Aug. 9, 2011

DECLARATION of Ronald Sandee in Opposition to 38 Opposition/Response to Motion to Dismiss filed byJessica Felber, Brian Maissy. (Related document(s) 38 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
43 Aug. 9, 2011

DECLARATION of Joel H. Siegal in Opposition to 38 Opposition/Response to Motion to Dismiss filed byJessica Felber, Brian Maissy. (Related document(s) 38 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
44 Aug. 9, 2011

Request for Judicial Notice re 38 Opposition/Response to Motion to Dismiss filed byJessica Felber, Brian Maissy. (Related document(s) 38 ) (Siegal, Joel) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
45 Aug. 9, 2011

CLERKS NOTICE Case Management Conference set for 10/27/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (rslc3, COURT STAFF) (Filed on 8/9/2011) (Entered: 08/09/2011)

RECAP
46 Sept. 1, 2011

REPLY (re 22 MOTION to Dismiss ) filed byAssociated Students University of California. (Brock, Gregory) (Filed on 9/1/2011) (Entered: 09/01/2011)

RECAP
47 Sept. 2, 2011

REPLY (re 29 MOTION to Dismiss First Amended Complaint ) Reply Brief in Support of Motion to Dismiss of Defendants Mark G. Yudof, The Regents of the University of California, Robert J. Birgeneau, and Jonathan Poullard filed byRobert J. Birgeneau, Jonathan Poullard, Regents of the University of California, Mark Yudof. (Friedland, Michelle) (Filed on 9/2/2011) (Entered: 09/02/2011)

RECAP
48 Sept. 2, 2011

MOTION to Strike 42 Declaration in Opposition, 38 Opposition/Response to Motion, 40 Declaration in Opposition, 43 Declaration in Opposition, 41 Declaration in Opposition, 39 Declaration in Opposition UC Defendants' Motion to Strike Declarations of Jessica Felber, Brian Maissy, Ronald Sandee, Mel Gordon, and Joel Siegal filed by Robert J. Birgeneau, Jonathan Poullard, Regents of the University of California, Mark Yudof. Motion Hearing set for 9/22/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 9/16/2011. Replies due by 9/23/2011. (Attachments: # 1 Proposed Order)(Friedland, Michelle) (Filed on 9/2/2011) (Entered: 09/02/2011)

1 Proposed Order

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RECAP
49 Sept. 2, 2011

REPLY (re 29 MOTION to Dismiss First Amended Complaint ) UC Defendants' Opposition to Plaintiffs' Request for Judicial Notice filed byRobert J. Birgeneau, Jonathan Poullard, Regents of the University of California, Mark Yudof. (Friedland, Michelle) (Filed on 9/2/2011) (Entered: 09/02/2011)

RECAP
50 Sept. 2, 2011

Joinder in 48 UC's Motion to Strike Declarations filed by Associated Students University of California. (Brock, Gregory) (Filed on 9/2/2011) Modified on 9/6/2011 (gba, COURT STAFF). (Entered: 09/02/2011)

RECAP
51 Sept. 2, 2011

Joinder in 49 UC's Opposition to Plaintiffs' Request for Judicial Notice filed by Associated Students University of California. (Brock, Gregory) (Filed on 9/2/2011) Modified on 9/6/2011 (gba, COURT STAFF). (Entered: 09/02/2011)

RECAP
52 Sept. 22, 2011

Minute Entry: Motion Hearing held on 9/22/2011 before Judge Richard Seeborg (Date Filed: 9/22/2011).(Court Reporter Belle Ball.) (cl, COURT STAFF) (Date Filed: 9/22/2011) (Entered: 09/22/2011)

RECAP
53 Oct. 7, 2011

Transcript of Proceedings held on September 22, 2011, before Judge Richard Seeborg. Court Reporter/Transcriber Belle Ball, CSR, RMR, CRR, Telephone number (415)373-2529. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 1/5/2012. (Ball, Belle) (Filed on 10/7/2011) (Entered: 10/07/2011)

RECAP
54 Oct. 7, 2011

STIPULATION and [Proposed] Order to Postpone Case Management Conference by Robert J. Birgeneau, Jonathan Poullard, Regents of the University of California, Mark Yudof. (Friedland, Michelle) (Filed on 10/7/2011) (Entered: 10/07/2011)

RECAP
55 Oct. 7, 2011

NOTICE by Robert J. Birgeneau, Jonathan Poullard, Regents of the University of California, Mark Yudof NOTICE OF CORRECTED ATTORNEY CONTACT INFORMATION (Friedland, Michelle) (Filed on 10/7/2011) (Entered: 10/07/2011)

RECAP
56 Oct. 7, 2011

CLERKS NOTICE Case Management Conference set for 12/22/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (rslc3, COURT STAFF) (Filed on 10/7/2011) (Entered: 10/07/2011)

RECAP
57 Nov. 18, 2011

STIPULATION re 56 Clerks Notice Stipulation and [Proposed] Order to Postpone Case Management Conference by Robert J. Birgeneau, Jonathan Poullard, Regents of the University of California, Mark Yudof. (Friedland, Michelle) (Filed on 11/18/2011) (Entered: 11/18/2011)

RECAP
58 Nov. 18, 2011

CLERKS NOTICE Case Management Conference set for 2/9/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (rslc3, COURT STAFF) (Filed on 11/18/2011) (Entered: 11/18/2011)

RECAP
59 Dec. 22, 2011

ORDER GRANTING MOTIONS TO DISMISS by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 12/22/2011) (Entered: 12/22/2011)

Clearinghouse
60 Jan. 6, 2012

SECOND AMENDED COMPLAINT by Jessica Felber, Brian Maissy. and Exhibits A and B. (Attachments: # 1 Exhibit C, D, E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I, J, K, L, # 6 Certificate/Proof of Service)(Siegal, Joel) (Filed on 1/6/2012) Modified on 1/11/2012 (gba, COURT STAFF). (Entered: 01/06/2012)

1 Exhibit C, D, E

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2 Exhibit F

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3 Exhibit G

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4 Exhibit H

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5 Exhibit I, J, K, L

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6 Certificate/Proof of Service

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Clearinghouse
61 Jan. 20, 2012

MOTION to Dismiss Second Amended Complaint filed by Regents of the University of California. Motion Hearing set for 3/15/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 2/3/2012. Replies due by 2/10/2012. (Attachments: # 1 Declaration Declaration of Kathryn A. Eidmann in Support of Defendant's Motion to Dismiss Second Amended Complaint, # 2 Exhibit Exh. 1 to Declaation of Kathryn A. Eidmann in Support of Defendant's Motion to Dismiss Second Amended Complaint, # 3 Proposed Order)(Friedland, Michelle) (Filed on 1/20/2012) (Entered: 01/20/2012)

RECAP
62 Jan. 20, 2012

Request for Judicial Notice filed byRegents of the University of California. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Friedland, Michelle) (Filed on 1/20/2012) (Entered: 01/20/2012)

RECAP
63 Jan. 20, 2012

CERTIFICATE OF SERVICE by Regents of the University of California re 62 Request for Judicial Notice, 61 MOTION to Dismiss Second Amended Complaint (Friedland, Michelle) (Filed on 1/20/2012) (Entered: 01/20/2012)

RECAP
64 Jan. 23, 2012

STIPULATION WITH PROPOSED ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE filed by Regents of the University of California. (Friedland, Michelle) (Filed on 1/23/2012) (Entered: 01/23/2012)

RECAP
65 Jan. 23, 2012

CLERKS NOTICE Case Management Conference set for 4/26/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (rslc3, COURT STAFF) (Filed on 1/23/2012) (Entered: 01/23/2012)

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66 Feb. 1, 2012

RESPONSE (re 61 MOTION to Dismiss Second Amended Complaint ) filed byJessica Felber, Brian Maissy. (Siegal, Joel) (Filed on 2/1/2012) (Entered: 02/01/2012)

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67 Feb. 1, 2012

Request for Judicial Notice re 61 MOTION to Dismiss Second Amended Complaint filed byJessica Felber, Brian Maissy. (Related document(s) 61 ) (Siegal, Joel) (Filed on 2/1/2012) (Entered: 02/01/2012)

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68 Feb. 8, 2012

REPLY (re 61 MOTION to Dismiss Second Amended Complaint ) filed byRegents of the University of California. (Friedland, Michelle) (Filed on 2/8/2012) (Entered: 02/08/2012)

RECAP
69 Feb. 8, 2012

CERTIFICATE OF SERVICE by Regents of the University of California re 68 Reply to Opposition/Response (Friedland, Michelle) (Filed on 2/8/2012) (Entered: 02/08/2012)

RECAP
70 Feb. 21, 2012

CLERKS NOTICE CONTINUING MOTION HEARING. Motion Hearing set for 3/22/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. (cl, COURT STAFF) (Filed on 2/21/2012) (Entered: 02/21/2012)

RECAP
71 Feb. 22, 2012

CLERKS NOTICE CONTINUING MOTION HEARING. Motion Hearing set for 3/29/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. (cl, COURT STAFF) (Filed on 2/22/2012) (Entered: 02/22/2012)

RECAP
72 March 2, 2012

Letter from Plaintiffs' Attorney, Joel H. Siegal to Judge Richard Seeborg . (Siegal, Joel) (Filed on 3/2/2012) (Entered: 03/02/2012)

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73 March 2, 2012

Letter from Michelle Friedland to Judge Richard Seeborg. (Friedland, Michelle) (Filed on 3/2/2012) (Entered: 03/02/2012)

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74 March 29, 2012

Minute Entry: Motion Hearing held on 3/29/2012 before Judge Richard Seeborg; MATTER TAKEN UNDER SUBMISSION (Date Filed: 3/29/2012) re 61 MOTION to Dismiss Second Amended Complaint filed by Regents of the University of California. (Court Reporter Belle Ball.) (cl, COURT STAFF) (Date Filed: 3/29/2012) (Entered: 03/29/2012)

RECAP
75 March 29, 2012

ORDER REFERRING CASE to Magistrate Judge Corley for Settlement. Signed by Judge Richard Seeborg on 3/29/12. (cl, COURT STAFF) (Filed on 3/29/2012) (Entered: 03/29/2012)

RECAP
76 March 30, 2012

Notice of Settlement Conference and Settlement Conference Order. Settlement Conference set for 5/2/2012 at 09:30 AM in Courtroom F, 15th Floor, San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 3/30/2012. (ahm, COURT STAFF) (Filed on 3/30/2012) (Entered: 03/30/2012)

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77 March 30, 2012

Letter to Court with Requested Case Citations. (Friedland, Michelle) (Filed on 3/30/2012) (Entered: 03/30/2012)

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78 April 4, 2012

STIPULATION WITH PROPOSED ORDER TO POSTPONE SETTLEMENT CONFERENCE filed by Regents of the University of California. (Friedland, Michelle) (Filed on 4/4/2012) (Entered: 04/04/2012)

RECAP
79 April 5, 2012

ORDER by Magistrate Judge Jacqueline Scott Corley granting 78 Stipulation to Postpone Settlement Conference. The settlement conference is reset to May 22, 2012 at 9:30 a.m. before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 4/5/2012) (Entered: 04/05/2012)

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80 April 6, 2012

Transcript of Proceedings held on March 29, 2012, before Judge Richard Seeborg. Court Reporter/Transcriber Belle Ball, CSR, RMR, CRR, Telephone number (415)373-2529, belle_ball@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 7/5/2012. (Ball, Belle) (Filed on 4/6/2012) (Entered: 04/06/2012)

RECAP
81 April 9, 2012

STIPULATION WITH PROPOSED ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE filed by Regents of the University of California. (Friedland, Michelle) (Filed on 4/9/2012) (Entered: 04/09/2012)

RECAP
82 April 10, 2012

CLERKS NOTICE Case Management Conference set for 7/26/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (rslc3, COURT STAFF) (Filed on 4/10/2012) (Entered: 04/10/2012)

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83 May 23, 2012

Minute Entry: Settlement Conference held on May 22, 2012 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 5/23/2012). Case did not settle. Further discussion scheduled for May 23, 2012 at 12:00 p.m. (Court Reporter: Not Reported) (ahm, COURT STAFF) (Date Filed: 5/23/2012) (Entered: 05/23/2012)

RECAP
84 June 5, 2012

Minute Entry: Further Telephonic Settlement Conference held on June 4, 2012 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 6/5/2012). (Court Reporter: Not Reported) (ahm, COURT STAFF) (Date Filed: 6/5/2012) (Entered: 06/05/2012)

RECAP
85 June 15, 2012

Minute Entry: Settlement Conference held on June 15, 2012 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 6/15/2012). Discussions are ongoing. (Court Reporter: Not Reported) (ahm, COURT STAFF) (Date Filed: 6/15/2012) (Entered: 06/15/2012)

RECAP
86 June 20, 2012

STANDBY ORDER OF DISMISSAL. Order to Show Cause Hearing set for 8/9/2012 01:30 PM. Signed by Judge Richard Seeborg on 6/20/12. (cl, COURT STAFF) (Filed on 6/20/2012) (Entered: 06/20/2012)

Clearinghouse
88 July 25, 2012

STIPULATION AND ORDER RE 87 DISMISSING WITH PREJUDICE ACTION ITS ENTIRETY. Signed by Judge Richard Seeborg on 7/23/12. (cl, COURT STAFF) (Filed on 7/24/2012)

Clearinghouse

Case Details

State / Territory:

California

Case Type(s):

Speech and Religious Freedom

Education

Special Collection(s):

Title VI Anti-Palestinian/Antisemitism cases

Key Dates

Filing Date: March 4, 2011

Closing Date: July 24, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two Jewish students at UC Berkeley.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

The Regents of the University of California

Defendant Type(s):

College/University

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Equal Protection

Free Exercise Clause

Other Dockets:

Northern District of California 3:11-cv-01012

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Damages

Injunction

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General/Misc.:

School/University policies

Discrimination Basis:

Religion discrimination

Affected Religion(s):

Judaism

Recommended Citation