Case: Legal Aid Soc'y v. Legal Servs. Corp

Legal Aid Society v. Legal Services Corporation

U.S. Court of Appeals for the Ninth Circuit

Legal Aid Society v. Legal Services Corporation

Legal Aid Society of Hawaii v. Legal Services Corporation

Legal Aid Society of Hawaii v. Legal Services Corporation

Legal Aid Society of Hawaii v. Legal Services Corporation

Legal Aid Society v. Legal Services Corporation

U.S. Court of Appeals for the Ninth Circuit

Legal Aid Society of Hawaii v. Legal Services Corporation

Supreme Court of the United States

COMPLAINT (Summons(es) issued) (wnn) (Entered: 01/09/1997)

ORDER by Judge Alan C. Kay rule 16 conference set for 8:30 4/14/97 before Mag Judge Barry M. Kurren (wnn) (Entered: 01/09/1997)

DECLARATION of Adam M. Cole in support of motion for preliminary injunction; exhibits a-k and certificate of service - on behalf of pltfs (fe) (Entered: 01/14/1997)

RETURN OF SERVICE executed upon defendant Legal Services Corporation thru US Attorney's Office, District of HI thru Teri L. Zamora on 1/9/97 (fe) (Entered: 01/14/1997)

APPLICATION to appear pro hac vice ; declarations of Stephen Bomse, Charles N. Freiberg, Adam M. Cole, Hope L. Hudson, Rakesh K. Anand, Steven R. Shapiro, Robin L. Dahlberg, Margaret C. Crosby and Paul Alston; ORDER granting application and certificate of service - by Mag Judge Barry M. Kurren - [attys Stephen B. Bomse, Charles N. Freiberg, Adam M. Cole, Hope L. Hudson, Rakesh K. Anand, Steven R. Shapiro, Robin L. Dahlberg and Margaret C. Crosby all admitted phv] - on behalf of pltfs (fe) Modified on 01/14/1997 (Entered: 01/14/1997)

EP : status conference - conference call held in chambers with Paul Alston, Bradford Tannen and Stanley Levin present and Vic Fortuno via telephone; discussion held regarding the scheduling of the preliminary injunction; motion for preliminary injunction will be heard on Friday, 2/14/97 at 9:00 a.m. ( Ct Rptr : SP) JUDGE Judge Alan C. Kay (fe) (Entered: 01/21/1997)

EX PARTE APPLICATION for certification of action pursuant to 28 USC ss 2403(a) ; declaration of Bradford L. Tannen; CERTIFICATION of action - by Judge Alan C. Kay; certificate of service - [court certified to the US Atty Genl that the referenced action draws into question the constitutionality of an Act of Congress affecting public interest; the US is permitted to intervene for presentation of evidence and for argument on the question of constitutionality; the US shall have all rights of a party, etc.] - on behalf of pltfs (fe) (Entered: 01/25/1997)

EX PARTE APPLICATION for order shortening time for hearing on pltfs' motion for preliminary injunction; declaration of Paul Alston; ORDER - DENIED by Judge Alan C. Kay ["pursuant to a status conf, the court has set a hearing on the motion...on 2/14/97"] and certificate of service - on behalf of pltfs (cc: all counsel) (fe) (Entered: 01/25/1997)

NOTICE OF MOTION; motion for preliminary injunction ; memorandum of law in support of motion; declarations of M. Victor Geminiani, Roberta Ranstrom, Neal S. Dudovitz, Robert J. Cohen, Robert K. Hickerson, Lloyd Van de Car, Gary F. Smith, Lucinda Horne, Peter Adler, Brad Seligman, James E. Duffy, Jr., Judith C. Garlow, Barbara A. Fabrey, John H. Ishihara, Mililani B. Trask, Ah Quon McElrath, Bob Nakata, Nate White, Rachel Iskow, Robert Erlenbusch, Lynn H. Kersey and Carlos A. Reyes; certificate of service - set for 9:00 2/14/97 before Judge Alan C. Kay - on behalf of pltfs (fe) (Entered: 01/25/1997)

RESPONSE of the United States to pltfs' ex parte application for certification of action pursuant to 28 USC ss 2403(a) [7-1] [7-2] (fe) (Entered: 01/31/1997)

REQUEST of the United States for 30 additional days to decide whether to intervene in the action - referred to Judge Alan C. Kay (fe) (Entered: 01/31/1997)

ORDER setting briefing schedule for plaintiffs' February 14, 1997 preliminary injunction hearing [9-1] - [deft has until 1/30/97 to file its opposition; pltfs have until 2/4/97 to reply to deft's opp; foregoing sched subject to court's consideration of response of US to pltfs' ex parte application for cert of action purs to 28 USC ss 2403(a); any opp to, or support of, US's request for a 30 day continuance filed by 1/28/97] - by Judge Alan C. Kay (cc: all counsel) (fe) (Entered: 01/31/1997)

RESPONSE of the United States to pltfs' ex parte application for certification of action pursuant to 28 USC ss 2403(a) [7-1] [7-2] (fe) (Entered: 01/31/1997)

REPLY to response of the United States to pltfs' ex parte application for certification of action pursuant to 28 USC ss 2403(a) [7-1] [7-2]; declaration of Barbara A. Fabrey; exhibit "a"; declaration of Bradford L. Tannen; exhibits "b"- "e"; certificate of service - on behalf of pltfs (fe) (Entered: 01/31/1997)

APPLICATION to appear pro hac vice ; declarations of Paul Alston and Robert A. Rosenfeld; ORDER granting application - by Mag Judge Barry M. Kurren; and certificate of service - [atty Robert A. Rosenfeld adm phv] - on behalf of pltfs (fe) (Entered: 01/31/1997)

ORDER denying United States' request for 30 additional days to decide whether to intervene in the action [10-1] [10-2] - by Judge David A. Ezra for Judge Alan C. Kay (cc: all counsel) (fe) (Entered: 01/31/1997)

DECLARATION of Neal S. Dudovitz in support of reply to response of the United States to pltfs' ex parte application for certification of action pursuant to 28 USC ss 2403(a) [7-1] [7-2]; certificate of service - on behalf of pltfs (fe) (Entered: 01/31/1997)

DECLARATION of Roberta Ranstrom in support of reply to response of the United States to pltfs' ex parte application for certification of action pursuant to 28 USC ss 2403(a) [7-1] [7-2]; certificate of service - on behalf of pltfs (fe) (Entered: 01/31/1997)

[PROPOSED] Order granting preliminary injunction [9-1] - on behalf of pltfs (fe) (Entered: 01/31/1997)

Deft's MOTION for leave to file answer; memorandum of law in opposition to plaintiffs' motion for preliminary injunction; appendix; supporting declarations; proposed order; and defendant's motion to file memorandum of law in excess of the thirty (30) page limit pending the obtaining of local counsel - referred to Judge Alan C. Kay (fe) (Entered: 01/31/1997)

DECLARATIONS in support of deft's memorandum of law in opposition to pltfs' motion for preliminary injunction [9-1] - on behalf of deft (fe) (Entered: 01/31/1997)

Deft's OPPOSITION to pltfs' motion for preliminary injunction [9-1] (fe) (Entered: 01/31/1997)

PROPOSED Order denying pltfs' motion for declaratory judgment and preliminary injunction [9-1] - on behalf of deft (fe) (Entered: 01/31/1997)

MOTION by defendant for leave to file memorandum of law in opposition to plaintiffs' motion for preliminary injunction, filed simultaneously herewith in excess of (30) page limit ; declaration of Thomas S. Williamson; (proposed) order (wnn) (Entered: 02/05/1997)

ANSWER by defendant Legal Services Corpo to [1-1] (wnn) (Entered: 02/05/1997)

SUPPLEMENT/APPENDIX by defendant Legal Services Corpo re memorandum in opposition to motion for preliminary injunction [22-1] (wnn) (Entered: 02/05/1997)

ERRATA by defendant to memroandum in opposition to motion for preliminary injunction [22-1] (wnn) (Entered: 02/05/1997)

REPLY by plaintiffs to response to motion for preliminary injunction [9-1]; declaration of M. Victor Geminiani; declaration of Bradford L. Tannen; exhibits "a"-"d": certificate of service (wnn) (Entered: 02/05/1997)

CERTIFICATE of service (wnn) (Entered: 02/05/1997)

DECLARATION of Neal S. Dudovitz by plaintiffs (wnn) (Entered: 02/12/1997)

DECLARATION of Roberta Ranstrom by plaintiffs (wnn) (Entered: 02/12/1997)

DECLARATION of David S. Udell by plaintiffs (wnn) (Entered: 02/12/1997)

DECLARATION of Robert J. Cohen by plaintiffs (wnn) (Entered: 02/12/1997)

CERTIFICATE of service (wnn) Modified on 02/12/1997 (Entered: 02/12/1997)

SUPPLEMENT to APPENDIX filed by defendant Legal Services Corpo to opposition to plaintiffs' motion for preliminary injunction [22-1] (wnn) Modified on 02/12/1997 (Entered: 02/12/1997)

APPLICATION by defendant Legal Services Corpo for attorney Thomas S. Williamson, Jr., Georgia Kazakis, Ernest A. Young and Erika F. King to appear pro hac vice ; declarations of Thomas S. Williamson, Jr., Georgia Kazakis, Ernest A. Young, Erika F. King and Daniel A. Bent; ORDER by Mag Judge Barry M. Kurren granting application (wnn) (Entered: 02/13/1997)

EP :arguments heard; granting in part and denied in part motion for preliminary injunction [9-1]; court to file written order ( Ct Rptr : Lisa Groulx-Thompson) JUDGE Judge Alan C. Kay (wnn) (Entered: 02/19/1997)

ORDER by Judge Alan C. Kay granting in part and denying in part plaintiff's motion for a preliminary injunction [9-1] (cc: all counsel) (wnn) (Entered: 02/19/1997)

FINDINGS of fact and conclusions of law granting in part plaintiff's motion for a preliminary injunction by Judge Alan C. Kay (cc: all counsel) (wnn) (Entered: 02/19/1997)

AMENDED ANSWER [25-1] by defendant Legal Services Corpo; certificate of service (wnn) (Entered: 02/19/1997)

NOTICE OF MOTION and motion by plaintiff Legal Aid Society Hi, plaintiff Legal Services N Ca, plaintiff San Fernando Valley, plaintiff Legal Aid Orange Cou, plaintiff Alaska Legal Service, plaintiff California State Cli, plaintiff Hawaii Justice Found, plaintiff Impact Fund, The, plaintiff Lloyd Van De Car, plaintiff Gary F. Smith for reconsideration of order granting in part and denyin in part plaintiffs' motion for a preliminary injunction filed on February 14, 1997 ; memorandum in support of motion; certificate of service - referred to Judge Alan C. Kay (fe) (Entered: 03/06/1997)

Defendant Legal Services Corp's OPPOSITION to pltfs' motion for reconsideration of order granting in part and denying in part plaintiffs' motion for a preliminary injunction filed on February 14, 1997 [40-1]; appendix a; certificate of service (fe) (Entered: 03/18/1997)

REPLY by plaintiffs to response to motion for reconsideration of order granting in part and denyin in part plaintiffs' motion for a preliminary injunction filed on February 14, 1997 [40-1]; and certificate of service (wnn) (Entered: 04/02/1997)

SCHEDULING CONFERENCE STATEMENT by defendant; certificate of service (tbf) (Entered: 04/08/1997)

SCHEDULING CONFERENCE STATEMENT by plaintiffs; certificate of service (tbf) (Entered: 04/08/1997)

REPORT OF PARTIES PLANNING MEETING by plaintiff; certificate of service (tbf) (Entered: 04/08/1997)

ORDER TO SHOW CAUSE whether 62 red. reg. 12101 moots the reconsideration motion: pltf to file brief by 4/22/97; deft has till 4/29/97 to file opposition; pltfs may file reply by 5/3/97 - by Judge Alan C. Kay (cc: all counsel) (tbf) (Entered: 04/14/1997)

NOTICE OF MOTION and motion by USA to intervene ; memorandum in support; certificate of service - set for 8:30 4/14/97 before Judge Alan C. Kay (tbf) (Entered: 04/14/1997)

SCHEDULING CONFERENCE STATEMENT by defendant Legal Services Corpo; certificate of service (tbf) (Entered: 04/14/1997)

Supplemental REPORT OF PARTIES PLANNING MEETING by defendant Legal Services Corpo; certificate of service (tbf) (Entered: 04/14/1997)

EP : ; rule 16 conference held on 8:30 4/14/97 before Mag Judge Barry M. Kurren ; [47-1] motion to intervene held - parties present indicated there were no opposition to the motion; Michael Chun to prepare a stipulation to intervene; parties to submit cross motions for summary judgment on 5/30/97 and set for hearing on 7/28/97 @ 9:00 a.m. ACK; rule 16 conference set for 9:00 9/2/97 before Mag Judge Barry M. Kurren , status conference on remaining issues set for 9:00 9/2/97 before Mag Judge Barry M. Kurren ; parties authorized to exceed page limit on their briefs for summary judgment; Syvlvester to prepare order; Dottie Miwa notified parties by phone of the 7/28/97 and 9/2/97 hearing dates ( Ct Rptr : No Record) JUDGE Mag Judge Barry M. Kurren (tbf) (Entered: 04/16/1997)

WITHDRAWAL by plaintiff of motion for reconsideration of order granting in part and denying in part plaintiffs' motion for a preliminary injunction filed on February 14, 1997 [40-1], filed 3/3/97; certificate of service (tbf) (Entered: 04/18/1997)

STIPULATION permitting US to intervene; ORDER - by Mag Judge Barry M. Kurren : [47-1] - on behalf of USA (tbf) (Entered: 04/23/1997)

EP : status conference held 5/1/97 before Mag Judge Barry M. Kurren - briefing schedule as to cross motions for summary judgment; LSC and USA's opening briefs due 5/23/97, limited to 50 pages; pltf's opposition and opening brief due 6/20/97, limited to 50 pages; LSC and USA's reply and opposing brief due 6/3/97, limited to 25 pages; pltf's reply brief due 7/17/97, limited to 25 pages; concise statement for all parties limited to 25 pages; Tannen to prepare stipulation ( Ct Rptr : No Record) JUDGE Mag Judge Barry M. Kurren (tbf) (Entered: 05/05/1997)

STIPULATION and ORDER re briefing schedule and page limitations for the parties' cross-motions for summary judgment set for hearing on 7/28/97 - LSC's and the US' opening brief 5/23/97; pltfs' opposition and opening brief 6/20/97; LSC and US' reply and opposition brief 7/3/97; pltfs' reply brief 7/17/97; parties may file separate concise statements - by Mag Judge Barry M. Kurren : on behalf of pltfs (tbf) (Entered: 05/21/1997)

CERTIFICATE of service (tbf) (Entered: 05/27/1997)

NOTICE OF MOTION and motion by intervenor United States of Ame for summary judgment ; memorandum in support; statement of material facts as to which there is no genuine issue; proposed order; certificate of service - set for 10:30 7/28/97 before Judge Alan C. Kay (tbf) (Entered: 05/27/1997)

STATEMENT of material facts by intervenor United States of Ame as to which there is no genuine issue - re motion for summary judgment [56-1] (tbf) (Entered: 05/27/1997)

NOTICE OF MOTION and motion by defendant Legal Services Corpo for summary judgment/motion for reconsideration of preliminary injunction ; memorandum of law in support; appendix to deft's memorandum in support; declaration of Daniel A. Bent; proposed order; certificate of service - set for 10:30 7/28/97 before Judge Alan C. Kay (tbf) (Entered: 05/27/1997)

Separate and Concise STATEMENT of facts by defendant Legal Services Corpo in support of deft's motion for summary judgment/motion for reconsideration of preliminary injunction [58-1] (tbf) (Entered: 05/27/1997)

NOTICE of substitution by intervenor United States of Ame of corrected US' memorandum in support of its motion for summary judgment; memorandum in support of its motion for summary judgment; certificate of service re [56-1] (tbf) (Entered: 06/03/1997)

NOTICE OF MOTION and motion by plaintiff for summary judgment and opposition to deft Legal Services Corporation's motion for summary judgment States' motion for summary judgment ; memorandum in support of motion; declarations of M. Victor Geminiani, Roberta Ranstrom, Neal S. Dudovitz, Robert J. Cohen, and Robert K. Hickerson; (proposed) order and certificate of service - set for 10:30 7/28/97 before Judge Alan C. Kay (tbf) (Entered: 06/23/1997)

Separate Concise STATEMENT of facts by plaintiff in support of pltfs' motion for summary judgment; exhibits "1:-"16"; certificate of service [61-1] (tbf) (Entered: 06/23/1997)

Separate Concise STATEMENT of facts by plaintiff in response to deft Legal Services Corporation's separate and concise statement of facts in support of deft's motion for summary judgment [58-1] filed 5/23/97; exhibits "1"-"9"; certificate of service (tbf) (Entered: 06/23/1997)

Separate Concise STATEMENT of facts by plaintiff in response to the United States' statement of material facts as to which there is no genuine issue, filed 5/23/97; exhibits "1"-"5"; certificate of service [56-1] (tbf) (Entered: 06/23/1997)

REPLY by defendant Legal Services Corpo to response to motion for summary judgment/motion for reconsideration of preliminary injunction [58-1], motion for summary judgment and opposition to deft Legal Services Corporation's motion for summary judgment and reconsideration of preliminary injunction and to intervenor-deft United States' motion for summary judgment [61-1]; certificate of service (wnn) (Entered: 07/07/1997)

REPLY by defendant Legal Services Corpo to plaintiff's separate concise statement in response to defendant Legal Services Corporation's separate and concise statement of facts in support of defendant's motion for summary judgment [56-1]; exhibit "1"; declaration of Daniel A. Bent; certificate of service (wnn) (Entered: 07/07/1997)

RESPONSE by defendant Legal Services Corpo to plaintiffs' separate and concise statement of facts in support of plaintiffs' motion for summary judgment filed 6/20/97 [61-1]; declaration of Daniel A. Bent; certificate of service (wnn) (Entered: 07/07/1997)

RESPONSE by intervenor United States of Ame to plaintiffs' concise statement of facts in support of plaintiffs' motion for summary judgment [61-1]; certificate of service (wnn) (Entered: 07/07/1997)

MEMORANDUM by intervenor United States of Ame in opposition to motion for summary judgment and opposition to deft Legal Services Corporation's motion for summary judgment and reconsideration of preliminary injunction and to intervenor-deft United States' motion for summary judgment [61-1], to motion for summary judgment/motion for reconsideration of preliminary injunction [58-1] (wnn) (Entered: 07/07/1997)

REPLY by plaintiffs to response to motion for summary judgment and opposition to deft Legal Services Corporation's motion for summary judgment and reconsideration of preliminary injunction and to intervenor-deft United States' motion for summary judgment [61-1], motion for summary judgment/motion for reconsideration of preliminary injunction [58-1]; declaration of Bradford L. Tannen; exhibit "1"; declaration of Mervina K.M. Cash-Kaeo; declaration of Crystal C. Sims; certificate of service (wnn) (Entered: 07/18/1997)

EP :1) defendant intervenor USA's motion for summary judgment; 2) defendant Legal Services Corporation's motion for summary judgment and motion for reconsideration of preliminary injunction; 3) plaintiff's motion for summary judgment and reconsideration of preliminary injunction and U.S. motion for summary judgment; arguments heard; granting USA's motion for summary judgment [56-1], granting Legal Services Corporation's motion for summary judgment/motion for reconsideration of preliminary injunction [58-1], denying plaintiffs' motion for summary judgment and opposition to deft Legal Services motion for summary judgment and reconsideration of preliminary injunction and to intervenor-deft United motion for summary judgment [61-1]; court dissolved the earlier injunction as moot because it is based on superseded regulations that no longer affect the parties; court to prepare order ( Ct Rptr : DC) JUDGE Judge Alan C. Kay (wnn) (Entered: 07/29/1997)

ORDER granting the LSC's and DOJ's motion for summary judgment [58-1] [56-1] and denying plaintiffs' motion for summary judgment [61-1] - [court finds that pltfs have not created a material issue of fact concerning the constitutional vialbiity of the regulations; accordingly, court GRANTS the LSC and DOJ's m/sj; court finds that alternative channels exist for LSC-funded organizations to pursue their constitutionally protected activities; thus, even construing the facts most favorably to the pltfs, the regulations do not constitute an unconstitutional condition and thus are not violative of pltfs' First Amendment rights; because pltfs fail to establish that the regulations violate either their First Amendment, Due Process or Equal Protection rights, the court DENIES their m/sj; for the same reasons, the court also DISSOLVES its earlier injunction, which additionally is moot because it was based on superseded regulations that no longer affect the parties] - by Judge Alan C. Kay (cc: all counsel) (sealed) (Entered: 08/05/1997)

JUDGMENT in a civil case - [sj entered in favor of deft Legal Svcs Corp [58-1] and intv Dept of Justice [56-1] and against pltfs; further ordered that the prel inj granted in part on 2/14/97 [38-1] is dissolved as moot; further ordered that pltfs' m/sj [61-1] is denied] - by WALTER A.Y.H. CHINN/MARCIA MULLINS : terminating case (cc: all counsel) (fe) (Entered: 08/07/1997)

NOTICE OF APPEAL by plaintiff from Dist. Court decision, [72-1] [73-1](cc: all counsel) (fe) (Entered: 08/19/1997)

NOTICE OF APPEAL and copy of docket sheet sent to 9th CCA [74-1] (cc: all counsel) (fe) (Entered: 08/19/1997)

TRANSCRIPT DESIGNATION and Ordering Form for dates: 2/14/97 Lisa Groulx-Thompson, 7/28/97 DC re [74-1] (tbf) (Entered: 09/02/1997)

TRANSCRIPT filed - Original - ( Ct Rptr Debra Chun) taken on 7/28/97 (wnn) (Entered: 09/03/1997)

TRANSCRIPT of proceedings for the following date(s): 2/14/97(LG-T) (Re: [74-1] ) (fe) (Entered: 09/03/1997)

CERTIFICATE of Record Transmitted to 9th CCA (fe) (Entered: 09/03/1997)

RECORD on Appeal sent to Circuit Court re [74-1] (tbf) (Entered: 12/19/1997)

JUDGMENT-9TH CCA: affirmed as to the District Court's judgment the the LSC restrictions do not violate appellants' first amendment rights; vacating the District Court's judgment that the LSC restrictions do not violate the due process and equal protection rights of indigent persons; and remanding the matter back to District Court with instructions to dismiss the complaint insofar as it asserts the rights of indigent persons because appellants have no standing to raise these issues [Appeal [74-1] (cc: all counsel, Judge Kay, ctrm deputy) (wnn) (Entered: 06/12/1998)

ORDER by Judge Alan C. Kay re [77-1] (cc: all counsel) ["The Court's judgment that the LSC restrictions do not violate the due process and equal protection rights of indigent persons was previously vacated because the appellate court found that Plaintiffs lack standing to raise these issus. See Legal Aid Society v. Legal Servs. Corp., 145 F. 3d 1017, 1031 (9th Cir. 1998). At this time, pursuant to the Order of the Ninth Circuit Court of Appeals, the complaint is dismissed insofar as it asserts due process and equal protection claims for indigent persons.] (fe) Modified on 05/02/2002 (Entered: 07/24/2000)