Case: Pacific News Service v. Woodford

3:06-cv-01793 | U.S. District Court for the Northern District of California

Filed Date: March 8, 2006

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On March 8, 2006, the Pacific News Service filed a lawsuit under 42 U.S.C. § 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiffs asked the court for declaratory and injunctive relief, alleging that the defendants had violated the constitutional rights of the press and the public to attend, meaningfully observe, and gather and report on important information at executions being carried out by the defendants at t…

On March 8, 2006, the Pacific News Service filed a lawsuit under 42 U.S.C. § 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiffs asked the court for declaratory and injunctive relief, alleging that the defendants had violated the constitutional rights of the press and the public to attend, meaningfully observe, and gather and report on important information at executions being carried out by the defendants at the California State Prison at San Quentin. Specifically, the plaintiffs argued that the defendants' use of pancuronium bromide, a paralytic agent, acted as a chemical curtain over the lethal injection process. The plaintiffs alleged that this chemical made it impossible for witnesses to determine whether the executed inmates were being subjected to substantial and unnecessary pain before dying. As a result, the plaintiffs claimed that the witnesses were denied the information necessary for the public to decide whether and how executions should be conducted.

On the same day the plaintiffs filed the lawsuit, they asked the court to consolidate their case with Morales v. Woodford (CJ-CA-0004 in this Clearinghouse). On March 28, 2006, the U.S. District Court for the Northern District of California (Judge Jeremy Fogel) denied without prejudice the request to consolidate the cases.

On October 10, 2010, the defendants filed a motion to dismiss for failure to state a claim in response to the plaintiffs' second amended complaint. The defendants argued that the plaintiffs did not have a First Amendment right to dictate the method that the state uses to perform a lethal injection execution. Furthermore, the defendants argued that there were legitimate and constitutional reasons for using pancuronium bromide.

On November 3, 2011, the court entered a scheduling order that included a discovery cut-off date, but the plaintiffs moved to vacate the order and to direct the parties to submit a new proposed schedule "when viable lethal injection regulations are in place." On April 5, 2012 court denied the motion to vacate the scheduling order, reasoning that the ongoing state case, Sims v. California Department of Corrections and Rehabilitation (CDCR), could affect this case when concluded and therefore the motion was premature. In Sims v. CDCR, the Marin County Superior Court had issued a judgment on February 21, 2012 and held that CDCR failed to comply with the Administrative Procedure Act. The state court had issued an injunction prohibiting CDCR from executing anyone until new lethal injection regulations complied with the APA.

In July 2012, the parties stipulated that the court should vacate the current scheduling order. On August 10, 2012, the Court vacated the order and stipulated that the parties should submit a new proposed schedule once (1) viable lethal injection regulations were in place; or (2) the Marin County Superior Court's decision invalidating the regulations was overturned on appellate review, whichever occurred first.

On May 30, 2013, the appellate court affirmed the trial court’s judgment in the Sims case and held that CDCR’s lethal injection regulations were invalid for failure to comply with the APA. The court permanently enjoined CDCR from carrying out the execution of any condemned inmate by lethal injection until their new regulations complied with the APA.

The plaintiff dismissed the case voluntarily on December 7, 2017 because Pacific News Service was going out of business. The case is now closed.

Summary Authors

Justin Benson (2/8/2012)

Abigail DeHart (11/4/2016)

Amanda Stephens (4/2/2019)

Related Cases

Morales v. Hickman, Northern District of California (2006)

Sims v. California Department of Corrections & Rehabilitation, California state trial court (2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5747406/parties/pacific-news-service-v-tilton/


Judge(s)

Fogel, Jeremy D. (California)

Seeborg, Richard G. (California)

Attorneys(s) for Plaintiff

Florey, Katherine (California)

Krishnan, Ajay (California)

Risher , Michael Temple (California)

Schlosser, Alan Lawrence (California)

Streeter, Jon B. (California)

Thurm, Wendy J. (California)

Attorneys(s) for Defendant

Chaney, David S. (California)

Gillette , Dane R. (California)

Judge(s)

Fogel, Jeremy D. (California)

Seeborg, Richard G. (California)

Attorneys(s) for Plaintiff

Florey, Katherine (California)

Krishnan, Ajay (California)

Risher , Michael Temple (California)

Schlosser, Alan Lawrence (California)

Streeter, Jon B. (California)

Thurm, Wendy J. (California)

Attorneys(s) for Defendant

Chaney, David S. (California)

Gillette , Dane R. (California)

Grunder, Frances T. (California)

Matthias, Ronald Stephen (California)

Patterson, Thomas S. (California)

Quinn, Michael James (California)

Other Attorney(s)

Grele, John R. (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Pacific News Service v. Tilton

Dec. 18, 2014 Docket
1

Complaint

March 8, 2006 Complaint
2

Motion to Consolidate with Related Cases

Pacific News Service v. Woodford

March 8, 2006 Pleading / Motion / Brief
19

Order Denying Motion to Consolidate

Pacific News Service v. Woodford

March 28, 2006 Order/Opinion
36-1

Plaintiff Pacific News Service's Opposition to Defendants' Motion to Dismiss Complaint

Pacific News Service v. Tilton

June 20, 2006 Pleading / Motion / Brief
63

First Amended Complaint

Pacific News Service v. Tilton

June 28, 2007 Complaint
66

Defendants' Memorandum of Points and Authorities in Support of Their Motion to Dismiss the First Amended Complaint for Declaratory and Injunctive Relief under FRCP 12(b)(6) for Failure to State A Claim or, in the Alternative, Under FRCP 12(b)(I)

Pacific News Service v. Tilton

July 17, 2007 Pleading / Motion / Brief
79

Second Amended Complaint for Declaratory and Injunctive Relief [42 U.S.C. § 1983]

Pacific News Service v. Cate

Oct. 7, 2010 Complaint
81

Defendants' Memorandum of Points and Authorities in Support of their Motion to Dismiss the Second Amended Complaint

Pacific News Service v. Cate

Oct. 25, 2010 Pleading / Motion / Brief
125

Order Denying Plaintiffs' Motion to Vacate

Pacific News Service v. Cate

April 5, 2012 Order/Opinion

Resources

Title Description External URL

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5747406/pacific-news-service-v-tilton/

Last updated May 20, 2022, 1:15 a.m.

ECF Number Description Date Link
1

COMPLAINT (no process) against Jeanne Woodford, Steven Ornoski ( Filing fee $ 250, receipt number 5514125.). Filed byPacific News Service. (cv, COURT STAFF) (Filed on 3/8/2006) Additional attachment(s) added on 5/1/2006 (gm, COURT STAFF). (Entered: 03/08/2006)

March 8, 2006 PACER
28

Proposed Order re 2 MOTION to Related Case by Pacific News Service. (cv, COURT STAFF) (Filed on 3/8/2006) Additional attachment(s) added on 5/1/2006 (gm, COURT STAFF). (Entered: 03/08/2006)

March 8, 2006 PACER
2

MOTION to Related Cases C06-219 JF and C 926 JF filed by Pacific News Service. (cv, COURT STAFF) (Filed on 3/8/2006) Additional attachment(s) added on 5/1/2006 (gm, COURT STAFF). (Entered: 03/08/2006)

March 8, 2006 PACER
29

Proposed Order granting motion to consolidate cases for purposes of discovery and evidentiary hearing by Pacific News Service. (cv, COURT STAFF) (Filed on 3/8/2006) Additional attachment(s) added on 5/1/2006 (gm, COURT STAFF). (Entered: 03/08/2006)

March 8, 2006 PACER
3

MOTION to Shorten Time, for hearing on MOTION to Consolidate Cases and motion to relate cases filed by Pacific News Service. (cv, COURT STAFF) (Filed on 3/8/2006) Additional attachment(s) added on 5/1/2006 (gm, COURT STAFF). (Entered: 03/08/2006)

March 8, 2006 PACER
30

Proposed Order re 2 MOTION to Related Case and motion to consolidate cases by Pacific News Service. (cv, COURT STAFF) (Filed on 3/8/2006) Additional attachment(s) added on 5/1/2006 (gm, COURT STAFF). (Entered: 03/08/2006)

March 8, 2006 PACER
4

MEMORANDUM in Support of motion to consolidate filed byPacific News Service. (cv, COURT STAFF) (Filed on 3/8/2006) Additional attachment(s) added on 5/1/2006 (gm, COURT STAFF). (Entered: 03/08/2006)

March 8, 2006 PACER
5

Declaration of Wendy J. Thurm in Support of 3 MOTION to Shorten Time MOTION to Consolidate Cases, 2 MOTION to Related Case filed byPacific News Service. (Related document(s) 3, 2 ) (cv, COURT STAFF) (Filed on 3/8/2006) Additional attachment(s) added on 5/1/2006 (gm, COURT STAFF). (Entered: 03/08/2006)

March 8, 2006 PACER
6

CERTIFICATE OF SERVICE by Pacific News Service re 3 MOTION to Shorten Time MOTION to Consolidate Cases, 4 Memorandum in Support, 5 Declaration in Support, 1 Complaint, 2 MOTION to Related Case (cv, COURT STAFF) (Filed on 3/8/2006) Additional attachment(s) added on 5/1/2006 (gm, COURT STAFF). (Entered: 03/08/2006)

March 8, 2006 PACER
7

ADR SCHEDULING ORDER: Case Management Statement due by 10/30/2006. Case Management Conference set for 11/6/2006 10:00 AM.. Signed by Judge James Ware on 3/8/96. (Attachments: # 1 standing order)(cv, COURT STAFF) (Filed on 3/8/2006) (Entered: 03/08/2006)

1 standing order

View on PACER

March 8, 2006 PACER
8

*** FILED IN ERROR. PLEASE SEE DOCKET # 9 . *** Memorandum in Opposition Opposition To Consolidate Cases For Purposes Of Discovery And Evidentiary Hearing filed byJeanne Woodford. (Matthias, Ronald) (Filed on 3/9/2006) Modified on 3/10/2006 (ewn, COURT STAFF). (Entered: 03/09/2006)

March 9, 2006 PACER
9

Memorandum in Opposition Opposition To Consolidate Cases For Purposes Of Discovery And Evidentiary Hearing filed byJeanne Woodford. (Matthias, Ronald) (Filed on 3/9/2006) (Entered: 03/09/2006)

March 9, 2006 PACER
10

*** FILED IN ERROR *** Order Relating Cases and Setting Hearing on Motion to Consolidate posted by the court (Not signed by Judge Jeremy Fogel) SEE ORDER 11 (jfsec, COURT STAFF) (Filed on 3/9/2006) (Entered: 03/09/2006)

March 9, 2006 RECAP
11

ORDER RELATING CASES AND SETTING HEARING ON MOTION TO CONSOLIDATE. Signed by Judge Jeremy Fogel on 3/9/06. (jfsec, COURT STAFF) (Filed on 3/9/2006) (Entered: 03/09/2006)

March 9, 2006 RECAP
12

Reply Memorandum in Support of Motion to Consolidate filed byPacific News Service. (Thurm, Wendy) (Filed on 3/16/2006) (Entered: 03/16/2006)

March 16, 2006 PACER
13

SUMMONS Returned Executed by Pacific News Service. Jeanne Woodford served on 3/9/2006, answer due 3/29/2006. (Thurm, Wendy) (Filed on 3/20/2006) (Entered: 03/20/2006)

March 20, 2006 PACER
14

SUMMONS Returned Executed by Pacific News Service. Steven Ornoski served on 3/9/2006, answer due 3/29/2006. (Thurm, Wendy) (Filed on 3/20/2006) (Entered: 03/20/2006)

March 20, 2006 PACER
15

NOTICE of Appearance by Dane R. Gillette (Gillette, Dane) (Filed on 3/21/2006) (Entered: 03/21/2006)

March 21, 2006 PACER
16

Minute Entry: Motion to Consolidate hearing held on 3/21/2006 before Judge Jeremy Fogel (Date Filed: 3/22/2006). The motion is taken under submission. Case Management Conference held on 3/21/2006 before Judge Jeremy Fogel (Date Filed: 3/22/2006). (Court Reporter Peter Torreano.) (dlm, COURT STAFF) (Date Filed: 3/22/2006) (Entered: 03/22/2006)

March 22, 2006 PACER
17

Letter from John Grele and Wendy J. Thurm. (Thurm, Wendy) (Filed on 3/23/2006) (Entered: 03/23/2006)

March 23, 2006 PACER
18

Reply Memorandum letter re condolidation motion filed byJeanne Woodford, Steven Ornoski. (Gillette, Dane) (Filed on 3/24/2006) (Entered: 03/24/2006)

March 24, 2006 PACER
19

ORDER DENYING MOTION TO CONSOLIDATE WITHOUT PREJUDICE. Signed by Judge Jeremy Fogel on 3/27/06. (jfsec, COURT STAFF) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006 RECAP
20

MOTION for Extension of Time to File Answer filed by Jeanne Woodford, Steven Ornoski. (Gillette, Dane) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006 PACER
21

MOTION for Extension of Time to File Answer re 20 MOTION for Extension of Time to File Answer proposed order filed by Jeanne Woodford, Steven Ornoski. (Gillette, Dane) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006 PACER
22

TRANSCRIPT of Proceedings held on 3/21/2006 before Judge Jeremy Fogel. Court Reporter: Peter Torreano.. (gm, COURT STAFF) (Filed on 3/28/2006) (mhpsec, COURT STAFF). (Entered: 03/29/2006)

March 28, 2006 PACER
23

Memorandum in Opposition re 20 MOTION for Extension of Time to File Answer AND Request for a Case Management Conference filed byPacific News Service. (Thurm, Wendy) (Filed on 3/31/2006) (Entered: 03/31/2006)

March 31, 2006 PACER
24

Reply to Opposition re 20 MOTION for Extension of Time to File Answer defendants' reply to opposition to motion for enlargement of time filed byJeanne Woodford, Steven Ornoski. (Gillette, Dane) (Filed on 4/2/2006) (Entered: 04/02/2006)

April 2, 2006 PACER
25

MOTION for Extension of Time to File Response/Reply DEFENDANT'S REPLY TO OPPOSITION TO MOTION TO ENLARGE TIME filed by Jeanne Woodford. (Gillette, Dane) (Filed on 4/3/2006) (Entered: 04/03/2006)

April 3, 2006 PACER
26

ORDER GRANTING DEFENDANTS' MOTION TO ENLARGE TIME TO FILE RESPONSIVE PLEADING by Judge Jeremy Fogel 25 (jfsec, COURT STAFF) (Filed on 4/3/2006) (Entered: 04/03/2006)

April 3, 2006 RECAP
27

PROTECTIVE ORDER. Signed by Judge Jeremy Fogel on 4/4/06. (jfsec, COURT STAFF) (Filed on 4/4/2006) (Entered: 04/04/2006)

April 4, 2006 RECAP
31

NOTICE of Change of Address by Alan L. Schlosser (Schlosser, Alan) (Filed on 5/5/2006) (Entered: 05/05/2006)

May 5, 2006 PACER
32

Proposed Order Stipulation and [Proposed] Order Continuing Date of Hearing for Defendants' Rule 12(b)(6) Motion by Pacific News Service. (Krishnan, Ajay) (Filed on 5/25/2006) (Entered: 05/25/2006)

May 25, 2006 PACER
33

MOTION to Dismiss for Lack of Jurisdiction motion to dismiss complaint filed by Jeanne Woodford, Steven Ornoski. Motion Hearing set for 7/19/2006 01:30 PM in Courtroom #4, 5th Floor, San Jose. (Gillette, Dane) (Filed on 5/25/2006) (Entered: 05/25/2006)

May 25, 2006 PACER
34

ORDER CONTINUING MOTION HEARING DATE. Signed by Judge Jeremy Fogel on 5/26/06. (jfsec, COURT STAFF) (Filed on 5/26/2006) (Entered: 05/26/2006)

May 26, 2006 RECAP
35

MOTION to Dismiss COMPLAINT filed by Robert L. Ayers, Jr, James E. Tilton. Motion Hearing set for 7/19/2006 01:30 PM in Courtroom 3, 5th Floor, San Jose. (Gillette, Dane) (Filed on 5/31/2006) (Entered: 05/31/2006)

May 31, 2006 PACER
36

Memorandum in Opposition re 33 MOTION to Dismiss for Lack of Jurisdiction motion to dismiss complaint, 35 MOTION to Dismiss COMPLAINT filed byPacific News Service. (Krishnan, Ajay) (Filed on 6/20/2006) (Entered: 06/20/2006)

June 20, 2006 PACER
37

Reply to Opposition Defendants reply to opposition to motion for summary judgment filed byRobert L. Ayers, Jr, James E. Tilton. (Gillette, Dane) (Filed on 6/27/2006) (Entered: 06/27/2006)

June 27, 2006 PACER
38

Minute Entry: Motion to Dismiss hearing held on 7/19/2006 before Judge Jeremy Fogel. The motion is taken under submission. (Date Filed: 7/19/2006). (Court Reporter Peter Torreano.) (dlm, COURT STAFF) (Date Filed: 7/19/2006) (Entered: 07/20/2006)

July 19, 2006 PACER
39

ORDER DEFERRING DETERMINATION OF DEFENDANTS' MOTION TO DISMISS COMPLAINT. Signed by Judge Jeremy Fogel on 7/20/06. (jfsec, COURT STAFF) (Filed on 7/24/2006) (Entered: 07/24/2006)

July 24, 2006 RECAP
40

TRANSCRIPT of Proceedings held on 7/19/2006 before Judge Jeremy Fogel. Court Reporter: Peter Torreano.. (gm, COURT STAFF) (Filed on 7/28/2006) (mhpsec, COURT STAFF). (Entered: 07/31/2006)

July 28, 2006 PACER
41

NOTICE by Pacific News Service Plaintiff Pacific News Service's Notice of Motion and Motion to Compel (1) Further Investigation, (2) Supplemental Interrogatory Responses, (3) Production of Documents, and (4) Production of an Affidavit Describing Document Search Efforts (Krishnan, Ajay) (Filed on 8/9/2006) (Entered: 08/09/2006)

Aug. 9, 2006 PACER
42

MEMORANDUM in Support Memorandum of Points and Authorities in Support of Plaintiff Pacific News Service's Motion to Compel (1) Further Investigation, (2) Supplemental Interrogatory Responses, (3) Production of Documents, and (4) Production of an Affidavit Describing Document Search Efforts filed byPacific News Service. (Krishnan, Ajay) (Filed on 8/9/2006) (Entered: 08/09/2006)

Aug. 9, 2006 PACER
43

Declaration of Ajay S. Krishnan Declaration of Ajay S. Krishnan In Support of Plaintiff Pacific News Service's Motion to Compel (1) Further Investigation, (2) Supplemental Interrogatory Responses, (3) Production of Documents, and (4) Production of an Affidavit Describing Document Search Efforts filed byPacific News Service. (Attachments: # 1 Exhibit A-M)(Krishnan, Ajay) (Filed on 8/9/2006) (Entered: 08/09/2006)

1 Exhibit A-M

View on PACER

Aug. 9, 2006 PACER
44

Proposed Order [Proposed] Order Compelling (1) Further Investigation, (2) Supplemental Interrogatory Responses, (3) Production of Documents, and (4) Production of an Affidavit Describing Document Search Efforts by Pacific News Service. (Krishnan, Ajay) (Filed on 8/9/2006) (Entered: 08/09/2006)

Aug. 9, 2006 PACER
45

ORDER REGARDING HEARING ON PLAINTIFF'S MOTION TO COMPEL re 41 filed by Pacific News Service. Signed by Judge Richard Seeborg on 8/11/06. (rssec, COURT STAFF) (Filed on 8/11/2006) (Entered: 08/11/2006)

Aug. 11, 2006 RECAP
46

MOTION to Stay ex parte motion to stay discovery filed by Robert L. Ayers, Jr, James E. Tilton. (Gillette, Dane) (Filed on 8/14/2006) (Entered: 08/14/2006)

Aug. 14, 2006 PACER
47

Declaration of Dane R. Gillette in Support of 46 MOTION to Stay ex parte motion to stay discovery filed byRobert L. Ayers, Jr, James E. Tilton. (Related document(s) 46 ) (Gillette, Dane) (Filed on 8/14/2006) (Entered: 08/14/2006)

Aug. 14, 2006 PACER
48

Memorandum in Opposition re 46 MOTION to Stay ex parte motion to stay discovery pending resolution of motion to dismiss filed byPacific News Service. (Krishnan, Ajay) (Filed on 8/17/2006) (Entered: 08/17/2006)

Aug. 17, 2006 PACER
49

DECLARATION of Ajay S. Krishnan in Opposition to 48 Memorandum in Opposition (Declaration in Opposition to Defendants' Ex Parte Motion to Stay Discovery Pending Resolution of Motion to Dismiss) filed byPacific News Service. (Attachments: # 1 Exhibit A - E)(Related document(s) 48 ) (Krishnan, Ajay) (Filed on 8/17/2006) (Entered: 08/17/2006)

1 Exhibit A - E

View on PACER

Aug. 17, 2006 PACER
50

Memorandum in Opposition to Motion for Stay of Discovery filed byMichael A. Morales. (Grele, John) (Filed on 8/17/2006) (Entered: 08/17/2006)

Aug. 17, 2006 PACER
51

ORDER DENYING DEFENDANTS' MOTION TO STAY DISCOVERY by Judge Jeremy Fogel 46 (jfsec, COURT STAFF) (Filed on 8/18/2006) (Entered: 08/18/2006)

Aug. 18, 2006 RECAP
52

Memorandum in Opposition to motion to compel discovery filed byRobert L. Ayers, Jr, James E. Tilton. (Gillette, Dane) (Filed on 8/22/2006) (Entered: 08/22/2006)

Aug. 22, 2006 PACER
53

Declaration in support of opposition to motion to compel discovery filed byRobert L. Ayers, Jr, James E. Tilton. (Gillette, Dane) (Filed on 8/22/2006) (Entered: 08/22/2006)

Aug. 22, 2006 PACER
54

Reply Memorandum In Support of Plaintiff's Motion to Compel (1) Further Investigation, (2) Supplemental Interrog. Responses, (3) Production of Docs, and (4) Production of an Affidavit Describing Document Search Efforts filed byPacific News Service. (Krishnan, Ajay) (Filed on 8/30/2006) (Entered: 08/30/2006)

Aug. 30, 2006 PACER
55

Letter Brief re 41 Notice (Other), Notice (Other) Letter to Hon. Richard Seeborg in support of motion to compel filed byPacific News Service. (Related document(s) 41 ) (Krishnan, Ajay) (Filed on 9/29/2006) (Entered: 09/29/2006)

Sept. 29, 2006 PACER
56

Declaration of Ajay S. Krishnan in Support of 41 Notice (Other), Notice (Other) Supplemental Declaration in Support of Plaintiff's Motion to Compel filed byPacific News Service. (Related document(s) 41 ) (Krishnan, Ajay) (Filed on 9/29/2006) (Entered: 09/29/2006)

Sept. 29, 2006 PACER
57

NOTICE by Robert L. Ayers, Jr, James E. Tilton Notice of Reassignment of Counsel (Patterson, Thomas) (Filed on 10/2/2006) (Entered: 10/02/2006)

Oct. 2, 2006 PACER
58

NOTICE of Change In Counsel by Michael James Quinn NOTICE OF REASSIGNMENT OF COUNSEL (Quinn, Michael) (Filed on 4/9/2007) (Entered: 04/09/2007)

April 9, 2007 PACER
59

ORDER SETTING AGENDA FOR STATUS CONFERENCE . Signed by Judge Jeremy Fogel on 5/21/07. (jfsec, COURT STAFF) (Filed on 5/21/2007) (Entered: 05/21/2007)

May 21, 2007 RECAP
60

Minute Entry: Status Conference held on 6/1/07. The Court grants plaintiffs leave to file amended complaints within 30 days. (Date Filed: 6/1/2007). Case is set for hearing and visit to San Quentin prison on 10/1/2007 and 10/2/2007 09:00 AM. (Court Reporter Jana Ridenour.) (dlm, COURT STAFF) (Date Filed: 6/1/2007) (Entered: 06/05/2007)

June 1, 2007 PACER
61

TRANSCRIPT of Proceedings held on 6/1/2007 before Judge Jeremy Fogel. Court Reporter: Jana Ridenour. (dhm, COURT STAFF) (Filed on 6/8/2007) (Entered: 06/09/2007)

June 8, 2007 PACER
62

ORDER FOLLOWING STATUS CONFERENCE. Signed by Judge Jeremy Fogel on 6/6/07. (jfsec, COURT STAFF) (Filed on 6/11/2007) (Entered: 06/11/2007)

June 11, 2007 RECAP
63

AMENDED COMPLAINT FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against all defendants. Filed byPacific News Service. (Krishnan, Ajay) (Filed on 6/28/2007) (Entered: 06/28/2007)

June 28, 2007 PACER
64

SUMMONS Returned Executed by Pacific News Service. Arnold Schwarzenegger served on 7/11/2007, answer due 7/31/2007. (Krishnan, Ajay) (Filed on 7/13/2007) (Entered: 07/13/2007)

July 13, 2007 PACER
65

MOTION to Dismiss Defendants' Notice of Motion And Motion To Dismiss The First Amended Complaint For Declaratory And Injunctive Relief Under FRCP 12(b)(6) For Failure To State A Claim Or, In The Alternative Under FRCP 12(b)(1) For Lack Of Subject-Matter Jurisdiction filed by Robert L. Ayers, Jr, James E. Tilton, Arnold Schwarzenegger. Motion Hearing set for 9/21/2007 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Quinn, Michael) (Filed on 7/17/2007) (Entered: 07/17/2007)

July 17, 2007 PACER
66

MEMORANDUM in Support Defendants' Memorandum Of Points And Authorities In Support Of Their 65 Motion To Dismiss The First Amended Complaint For Declaratory And Injunctive Relief Under FRCP 12(b)(6) For Failure To State A Claim Or, In The Alternative Under FRCP 12(b)(1) For Lack Of Subject-Matter Jurisdiction filed byRobert L. Ayers, Jr, James E. Tilton, Arnold Schwarzenegger. (Quinn, Michael) (Filed on 7/17/2007) Modified on 7/18/2007 (gm, COURT STAFF). (Entered: 07/17/2007)

July 17, 2007 PACER
67

Proposed Order Granting Defendants' 65 Motion To Dismiss The First Amended Complaint For Declaratory And Injunctive Relief Under FRCP 12(b)(6) For Failure To State A Claim Or, In The Alternative Under FRCP 12(b)(1) For Lack Of Subject-Matter Jurisdiction by Robert L. Ayers, Jr, James E. Tilton, Arnold Schwarzenegger. (Quinn, Michael) (Filed on 7/17/2007) Modified on 7/18/2007 (gm, COURT STAFF). (Entered: 07/17/2007)

July 17, 2007 PACER
68

ORDER RESCHEDULING HEARING ON DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT Motion Hearing set for 10/26/2007 02:00 PM. Signed by Judge Jeremy Fogel on 7/19/07. (jfsec, COURT STAFF) (Filed on 7/20/2007) (Entered: 07/20/2007)

July 20, 2007 RECAP
69

ORDER FOLLOWING GRANT OF CERTIORARI IN BAZE V. REES. Signed by Judge Jeremy Fogel on 9/26/07. (jfsec, COURT STAFF) (Filed on 9/27/2007) (Entered: 09/27/2007)

Sept. 27, 2007 RECAP
70

Letter from Wendy J. Thurm to The Honorable Jeremy D. Fogel. (Thurm, Wendy) (Filed on 10/1/2007) (Entered: 10/01/2007)

Oct. 1, 2007 PACER
71

Letter from Michael J. Quinn, Deputy Attorney General. (Quinn, Michael) (Filed on 10/1/2007) (Entered: 10/01/2007)

Oct. 1, 2007 PACER
72

Minute Entry: Motion Hearing held on 10/30/2007 before Judge Richard Seeborg (Date Filed: 10/31/2007) re (358 in 5:06-cv-00219-JF) MOTION for Protective Order [NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER] filed by James E. Tilton, Arnold Schwarzengger, Robert L. Ayers, Jr., (342 in 5:06-cv-00219-JF) Third MOTION to Compel Discovery filed by Michael A. Morales. (Court Reporter Irene Rodriguez.) (mpb, COURT STAFF) (Date Filed: 10/31/2007) (Entered: 10/31/2007)

Oct. 31, 2007 PACER
73

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Howard R. Lloyd for all further discovery matters. Magistrate Judge Richard Seeborg no longer assigned to the case.Signed by The Executive Committee on 01/11/10. (tsh, COURT STAFF) (Filed on 1/11/2010) (Entered: 01/11/2010)

Jan. 11, 2010 PACER
74

Statement of Pacific News Services Position In Response To Courts August 6, 2010 Order by Pacific News Service. (Krishnan, Ajay) (Filed on 8/30/2010) (Entered: 08/30/2010)

Aug. 30, 2010 PACER
75

ORDER SETTING JOINT STATUS CONFERENCE. A Status Conference is set for 9/21/2010 at 3:00 PM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 9/2/2010. (jflc2, COURT STAFF) (Filed on 9/2/2010) (Entered: 09/02/2010)

Sept. 2, 2010 PACER
76

Statement in Response to Court's Order Directing Briefing Following Remand by Pacific News Service. (Thurm, Wendy) (Filed on 9/28/2010) (Entered: 09/28/2010)

Sept. 28, 2010 PACER
77

Declaration of Ajay S. Krishnan in Support of 76 Statement in Response to Court's Order Directing Briefing Following Remand filed byPacific News Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Related document(s) 76 ) (Krishnan, Ajay) (Filed on 9/28/2010) (Entered: 09/28/2010)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Sept. 28, 2010 PACER
78

*** FILED IN ERROR. PLEASE SEE DOCKET # 79 . *** AMENDED COMPLAINT (Second) against Pacific News Service. Filed byPacific News Service. (Thurm, Wendy) (Filed on 10/6/2010) Modified on 10/7/2010 (ewn, COURT STAFF). (Entered: 10/06/2010)

Oct. 6, 2010 PACER
79

AMENDED DOCUMENT by Pacific News Service. SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. (Thurm, Wendy) (Filed on 10/7/2010) (Entered: 10/07/2010)

Oct. 7, 2010 PACER
80

MOTION to Dismiss THE SECOND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER FRCP 12(b)(6) for failure to state a claim filed by Arnold Schwarzenegger, Mathew L. Cate, Vincent Cullen. Motion Hearing set for 12/2/2010 01:30 PM in Courtroom 3, 5th Floor, San Jose. (Quinn, Michael) (Filed on 10/25/2010) (Entered: 10/25/2010)

Oct. 25, 2010 PACER
81

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THEIR 80 MOTION TO DISMISS THE SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUCTIVE RELIEF filed by Mathew L. Cate, Vincent Cullen, Arnold Schwarzenegger. (Quinn, Michael) (Filed on 10/25/2010) Modified on 11/15/2010 (gm, COURT STAFF). (Entered: 10/25/2010)

Oct. 25, 2010 PACER
82

Proposed Order re 80 MOTION to Dismiss THE SECOND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER FRCP 12(b)(6) for failure to state a claim MOTION to Dismiss THE SECOND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER FRCP 12(b)(6) for failure to state a claim by Mathew L. Cate, Vincent Cullen, Arnold Schwarzenegger. (Quinn, Michael) (Filed on 10/25/2010) (Entered: 10/25/2010)

Oct. 25, 2010 PACER
83

ORDER SCHEDULING BRIEFING OF DEFENDANTS' MOTIONS TO DISMISS. Motion Hearing set for 12/2/2010 01:30 PM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 10/26/2010. (jflc2, COURT STAFF) (Filed on 10/26/2010) (Entered: 10/26/2010)

Oct. 26, 2010 PACER
84

MOTION to Shorten Time SUPPORTING DECLARATION OF MICHAEL J. QUINN filed by Mathew L. Cate, Vincent Cullen, Arnold Schwarzenegger. Motion Hearing set for 11/16/2010 04:30 PM in Courtroom 3, 5th Floor, San Jose. (Quinn, Michael) (Filed on 11/4/2010) (Entered: 11/04/2010)

Nov. 4, 2010 PACER
85

Proposed Order re 84 MOTION to Shorten Time SUPPORTING DECLARATION OF MICHAEL J. QUINN by Mathew L. Cate, Vincent Cullen, Arnold Schwarzenegger. (Quinn, Michael) (Filed on 11/4/2010) (Entered: 11/04/2010)

Nov. 4, 2010 PACER
86

ERROR: Wrong document attached please see docket entry number 90 for correct pdf document. MOTION to Stay filed by Mathew L. Cate, Vincent Cullen, Arnold Schwarzenegger. Motion Hearing set for 11/16/2010 04:30 PM in Courtroom 3, 5th Floor, San Jose. (Quinn, Michael) (Filed on 11/4/2010) Modified on 11/8/2010 (srm, COURT STAFF). (Entered: 11/04/2010)

Nov. 4, 2010 PACER
87

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THEIR 90 MOTION TO STAY DISCOVERY filed by Mathew L. Cate, Vincent Cullen, Arnold Schwarzenegger. (Quinn, Michael) (Filed on 11/4/2010) Modified on 11/10/2010 (gm, COURT STAFF). (Entered: 11/04/2010)

Nov. 4, 2010 PACER
88

Declaration of MICHAEL J. QUINN in Support of 90 MOTION to Stay DISCOVERY filed byMathew L. Cate, Vincent Cullen, Arnold Schwarzenegger. (Attachments: # 1 Exhibit 1)(Related document(s) 90 ) (Quinn, Michael) (Filed on 11/4/2010) Modified on 11/10/2010 (gm, COURT STAFF). (Entered: 11/04/2010)

1 Exhibit 1

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Nov. 4, 2010 PACER
89

Proposed Order re 90 MOTION to Stay DISCOVERY by Mathew L. Cate, Vincent Cullen, Arnold Schwarzenegger. (Quinn, Michael) (Filed on 11/4/2010) Modified on 11/10/2010 (gm, COURT STAFF). (Entered: 11/04/2010)

Nov. 4, 2010 PACER
90

MOTION to Stay DISCOVERY filed by Mathew L. Cate, Vincent Cullen, Arnold Schwarzenegger. Motion Hearing set for 11/16/2010 04:30 PM in Courtroom 3, 5th Floor, San Jose. (Quinn, Michael) (Filed on 11/5/2010) (Entered: 11/05/2010)

Nov. 5, 2010 PACER
91

ORDER SHORTENING TIME. Motion Hearing set for 11/16/2010 at 4:30 PM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 11/4/2010. (jflc2, COURT STAFF) (Filed on 11/8/2010) (Entered: 11/08/2010)

Nov. 8, 2010 PACER
92

Memorandum in Opposition re 81 MOTION to Dismiss MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THEIR MOTION TO DISMISS THE SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUCTIVE RELIEF, 80 MOTION to Dismiss THE SECOND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER FRCP 12(b)(6) for failure to state a claim MOTION to Dismiss THE SECOND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER FRCP 12(b)(6) for failure to state a claim filed byPacific News Service. (Krishnan, Ajay) (Filed on 11/8/2010) (Entered: 11/08/2010)

Nov. 8, 2010 PACER
93

Declaration of Ajay S. Krishnan in Support of 92 Memorandum in Opposition,, filed byPacific News Service. (Attachments: # 1 Exhibit A)(Related document(s) 92 ) (Krishnan, Ajay) (Filed on 11/8/2010) (Entered: 11/08/2010)

1 Exhibit A

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Nov. 8, 2010 PACER
94

DECLARATION of Ajay S. Krishnan in Opposition to 90 MOTION to Stay DISCOVERY filed byPacific News Service. (Related document(s) 90 ) (Krishnan, Ajay) (Filed on 11/9/2010) (Entered: 11/09/2010)

Nov. 9, 2010 PACER
95

Memorandum in Opposition re 90 MOTION to Stay DISCOVERY filed byPacific News Service. (Krishnan, Ajay) (Filed on 11/9/2010) (Entered: 11/09/2010)

Nov. 9, 2010 PACER
96

Reply to 95 Opposition DEFENDANTS' REPLY IN SUPPORT OF MOTION OT STAY DISCOVERY filed byMathew L. Cate, Vincent Cullen, Arnold Schwarzenegger. (Quinn, Michael) (Filed on 11/10/2010) Modified on 11/12/2010 (gm, COURT STAFF). (Entered: 11/10/2010)

Nov. 10, 2010 PACER
97

DEFENDENTS' REPLY IN SUPPORT OF 80 MOTION TO DISMISS filed byMathew L. Cate, Vincent Cullen, Arnold Schwarzenegger. (Quinn, Michael) (Filed on 11/12/2010) Modified on 11/15/2010 (gm, COURT STAFF). (Entered: 11/12/2010)

Nov. 12, 2010 PACER
99

Minute Entry: Motion Hearing held on 11/16/2010 before Judge Jeremy Fogel (Date Filed: 11/16/2010) re (436 in 5:06-cv-00219-JF, 436 in 5:06-cv-00219-JF) MOTION to Stay DISCOVERY MOTION for Protective Order STAYING DISCOVERY filed by Vincent Cullen, Arnold Schwarzengger, Cate Matthew, (90 in 5:06-cv-01793-JF) MOTION to Stay DISCOVERY filed by Vincent Cullen, Mathew L. Cate, Arnold Schwarzenegger, (452 in 5:06-cv-00219-JF) Fourth MOTION to Compel Discovery filed by Albert Greenwood Brown, Michael A. Morales. The motions are taken under submission. (Court Reporter Summer Fisher.) (dlm, COURT STAFF) (Date Filed: 11/16/2010) (Entered: 11/17/2010)

Nov. 16, 2010 PACER
98

ORDER GRANTING DEFENDANTS' MOTION TO STAY DISCOVERY AND DENYIG WITHOUT PREJUDICE PLAINTIFFS' FOURTH MOTION TO COMPEL DISCOVERY. Signed by Judge Jeremy Fogel on 11/17/2010. (jflc2, COURT STAFF) (Filed on 11/17/2010) (Entered: 11/17/2010)

Nov. 17, 2010 PACER
100

Minute Entry: Motion Hearing held on 12/2/2010 before Jeremy Fogel (Date Filed: 12/2/2010) re (80 in 5:06-cv-01793-JF) MOTION to Dismiss, (430 in 5:06-cv-00219-JF) MOTION to Dismiss. The motions are taken under submission. Status Conference set for 12/17/2010 10:30 AM in Courtroom 3, 5th Floor, San Jose. (Court Reporter Summer Fisher.) (dlm, COURT STAFF) (Date Filed: 12/2/2010) (Entered: 12/07/2010)

Dec. 2, 2010 PACER

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: March 8, 2006

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit media organization that reports on, among other things, the application of the death penalty in California.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

None

Issues

General:

Pattern or Practice

Death Penalty:

Lethal Injection - Chemicals Used

Lethal Injection - General