Case: Associated Press v. Otter

The Associated Press v. Otter

U.S. Court of Appeals for the Ninth Circuit

MOTION to Expedite Plaintiffs' Expedited Motion for Preliminary Injunction Charles A Brown appearing for Plaintiffs Bar Bar Inc., Cowles Publishing Company, Idaho Statesman Publishing, LLC, Idahoans for Openness in Government, Inc., Lee Enterprises, Incorporated, Pioneer Newspapers, Inc., TPC Holdings, Inc., The Associated Press, The Idaho Press Club, Inc.. Responses due by 6/15/2012 (Attachments: # 1 Memorandum in Support of Plaintiff's Expedited Motion for Preliminary Injunction)(Brown, Charles)

1 Memorandum in Support of Plaintiff's Expedited Motion for Preliminary Injun

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COMPLAINT for Declaratory Judgment and Injunctive Relief against All Defendants ( Filing fee $ 350 receipt number 0976-886560.), filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibits A, B, C, D, E, and F to Complaint, # 2 Cover Sheet, # 3 Summons C.L. (Butch) Otter, # 4 Summons Robin Sandy, # 5 Summons Howard G. "J.R." Van Tassel, # 6 Summons Jay L. Nielsen, # 7 Summons Brent D. Reinke, # 8 Summons Kevin Kempf)(Brown, Charles)

1 Exhibit Exhibits A, B, C, D, E, and F to Complaint

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2 Cover Sheet

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3 Summons C.L. (Butch) Otter

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4 Summons Robin Sandy

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5 Summons Howard G. "J.R." Van Tassel

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6 Summons Jay L. Nielsen

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7 Summons Brent D. Reinke

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8 Summons Kevin Kempf

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NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (dks)

Summons Issued as to Kevin Kempf, Jay L. Nielsen, C.L. (Butch) Otter, Brent D. Reinke, Robin Sandy, Howard G. "J.R.&q Van Tassel. (Print attached Summons for service.) (Attachments: # 1 Summons issued, # 2 Summons issued, # 3 Summons issued, # 4 Summons issued, # 5 Summons issued)(dks)

1 Summons issued

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2 Summons issued

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3 Summons issued

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4 Summons issued

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5 Summons issued

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DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge Edward J. Lodge for all further proceedings. Please use this case number on all future pleadings, 1:12-cv-00255-EJL, re: 3 ORDER OF RECUSAL (krb)

ORDER OF RECUSAL. Judge Ronald E Bush recused. It is therefore HEREBY REQUESTED that the above-captioned case be reassigned. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)

ORDER granting 2 Motion to Expedite the motion for preliminary injunction; Response ddl 5:00 p.m. on 5/29/12; Reply ddl 5:00 p.m. on 6/4/12. This matter is referred for a court ordered mediation with Chief United States Magistrate Judge Candy W. Dale on or before June 1, 2012.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dks)

ORDER, (A Judicially Supervised Mediation Conference set for 5/31/2012 09:30 AM in Boise - Courtroom 6 before Judge Candy W Dale.). Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dks)

NOTICE of Appearance by Michael S Gilmore on behalf of All Defendants (Gilmore, Michael)

MEMORANDUM in Opposition re 2 MOTION to Expedite Plaintiffs' Expedited Motion for Preliminary Injunction filed by Kevin Kempf, Jay L. Nielsen, C.L. (Butch) Otter, Brent D. Reinke, Robin Sandy, Howard G. "J.R.&q Van Tassel. Replies due by 6/15/2012. (Attachments: # 1 Declaration of Zmuda, # 2 Exhibit Exhibit 1 to Zmuda Declaration, # 3 Declaration of Blades)(Gilmore, Michael)

1 Declaration of Zmuda

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2 Exhibit Exhibit 1 to Zmuda Declaration

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3 Declaration of Blades

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NOTICE of Appearance by Mark A Kubinski on behalf of Kevin Kempf, Jay L. Nielsen, Brent D. Reinke, Robin Sandy, Howard G. "J.R.&q Van Tassel (Kubinski, Mark)

SUPPLEMENT by Defendants Kevin Kempf, Jay L. Nielsen, C.L. (Butch) Otter, Brent D. Reinke, Robin Sandy, Howard G. "J.R.&q Van Tassel re 8 Memorandum in Opposition to Motion, . (Gilmore, Michael) Modified on 5/31/2012 to create a relationship to Doc #2 (dks).

Corporate Disclosure Statement by Bar Bar Inc., Cowles Publishing Company, Idaho Statesman Publishing, LLC, Idahoans for Openness in Government, Inc., Lee Enterprises, Incorporated, Pioneer Newspapers, Inc., TPC Holdings, Inc., The Associated Press, The Idaho Press Club, Inc. identifying Corporate Parent The McClatchy Company for Idaho Statesman Publishing, LLC.. (Brown, Charles)

SUMMONS Returned Executed by The Associated Press. All Defendants. (Attachments: # 1 Affidavit of Service - Sandy, # 2 Affidavit of Service - Van Tassel, # 3 Affidavit of Service - Nielsen, # 4 Affidavit of Service - Reinke, # 5 Affidavit of Service - Kempf)(Brown, Charles)

1 Affidavit of Service - Sandy

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2 Affidavit of Service - Van Tassel

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3 Affidavit of Service - Nielsen

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4 Affidavit of Service - Reinke

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5 Affidavit of Service - Kempf

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Docket Text Minute Entry for proceedings held before Judge Candy W Dale: Judicially Supervised Mediation Conference held on 5/31/2012. Counsel/parties appeared and negotiated in good faith under the Court's direction and supervision. No resolution reached. Time in Court 4 hours. (Hearing not recorded.) (ah)

MOTION to Take Judicial Notice Charles A Brown appearing for Plaintiffs Bar Bar Inc., Cowles Publishing Company, Idaho Statesman Publishing, LLC, Idahoans for Openness in Government, Inc., Lee Enterprises, Incorporated, Pioneer Newspapers, Inc., TPC Holdings, Inc., The Associated Press, The Idaho Press Club, Inc.. Responses due by 6/28/2012 (Attachments: # 1 PLAINTIFFS MOTION TO FILE OVER-LENGTH RESPONSE TO DEFENDANTS OPPOSITION [DKT8] TO EXPEDITED MOTION FOR PRELIMINARY INJUNCTION [DKT2] & STATUTORY SUPPLEMENT [DKT 11])(Brown, Charles)

1 PLAINTIFFS MOTION TO FILE OVER-LENGTH RESPONSE TO DEFENDANTS OPPOSITION [DKT8]

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REPLY to Response to Motion re 2 MOTION to Expedite Plaintiffs' Expedited Motion for Preliminary Injunction Affidavit of Betsy Russell filed by Bar Bar Inc., Cowles Publishing Company, Idaho Statesman Publishing, LLC, Idahoans for Openness in Government, Inc., Lee Enterprises, Incorporated, Pioneer Newspapers, Inc., TPC Holdings, Inc., The Associated Press, The Idaho Press Club, Inc.. (Attachments: # 1 James A. Ellington - Hanged, # 2 Ed, Rice Dies on Scaffold, # 3 Connors Meets Death Bravely, # 4 Bond Pays the Death Penalty for Murder of Charles Daly, # 5 To Be Hanged By Neck Until Dead, # 6 Murderer Seward Goes to His Death Without a Tremor, # 7 Jurko is Hanged at State Prison)(Brown, Charles)

1 James A. Ellington - Hanged

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2 Ed, Rice Dies on Scaffold

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3 Connors Meets Death Bravely

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4 Bond Pays the Death Penalty for Murder of Charles Daly

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5 To Be Hanged By Neck Until Dead

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6 Murderer Seward Goes to His Death Without a Tremor

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7 Jurko is Hanged at State Prison

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REPLY to Response to Motion re 2 MOTION to Expedite Plaintiffs' Expedited Motion for Preliminary Injunction PLAINTIFFS MOTION TO FILE OVER-LENGTH RESPONSE TO DEFENDANTS OPPOSITION [DKT8] TO EXPEDITED MOTION FOR PRELIMINARY INJUNCTION [DKT2] & STATUTORY SUPPLEMENT [DKT 11] filed by Bar Bar Inc., Cowles Publishing Company, Idaho Statesman Publishing, LLC, Idahoans for Openness in Government, Inc., Lee Enterprises, Incorporated, Pioneer Newspapers, Inc., TPC Holdings, Inc., The Associated Press, The Idaho Press Club, Inc.. (Attachments: # 1 Part 2 of Plaintiffs' Response)(Brown, Charles)

1 Part 2 of Plaintiffs' Response

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USCA Case Number 12-35456 for 20 Notice of Appeal, filed by Idahoans for Openness in Government, Inc., Idaho Statesman Publishing, LLC, The Idaho Press Club, Inc., Pioneer Newspapers, Inc., The Associated Press, Bar Bar Inc., Lee Enterprises, Incorporated, TPC Holdings, Inc., Cowles Publishing Company. (dks) (Entered: 06/06/2012)

NOTICE OF APPEAL as to 19 Order,,, by Bar Bar Inc., Cowles Publishing Company, Idaho Statesman Publishing, LLC, Idahoans for Openness in Government, Inc., Lee Enterprises, Incorporated, Pioneer Newspapers, Inc., TPC Holdings, Inc., The Associated Press, The Idaho Press Club, Inc.. Filing fee $ 455, receipt number 0976-891327. (Notice sent to Court Reporter & 9th Cir) (Brown, Charles)

ORDER denying 2 Expedited Motion for Preliminary Injunction filed by Idahoans for Openness in Government, Inc., Idaho Statesman Publishing, LLC, The Idaho Press Club, Inc., Pioneer Newspapers, Inc., The Associated Press, Bar Bar Inc., Lee Enterprises, Incorporated, TPC Holdings, Inc., Cowles Publishing Company; Plaintiffs Motion to Take Judicial Review (Dkt. 16) is irrelevant to the determination on the motion for preliminary injunctive relief. The motion and Defendants objection to said motion will be taken up in the normal course of this litigation. The parties shall submit a joint litigation plan for the Courts consideration to allow for discovery and a full evidentiary hearing on the request for permanent injunctive relief.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dks)

REPLY to Response to Motion re 2 MOTION to Expedite Plaintiffs' Expedited Motion for Preliminary Injunction, 16 MOTION to Take Judicial Notice PLAINTIFFS RESPONSE TO DEFENDANTS OPPOSITION [DKT 17] TO 1) PLAINTIFFS REQUEST FOR JUDICIAL NOTICE [DKT 16] & 2) PLAINTIFFS MOTION TO FILE OVER-LENGTH RESPONSE, ETC. [DKT 16-1] filed by Bar Bar Inc., Cowles Publishing Company, Idaho Statesman Publishing, LLC, Idahoans for Openness in Government, Inc., Lee Enterprises, Incorporated, Pioneer Newspapers, Inc., TPC Holdings, Inc., The Associated Press, The Idaho Press Club, Inc..(Brown, Charles)

MEMORANDUM in Opposition re 16 MOTION to Take Judicial Notice and Motion to File Overlength Response Dkt. 16-1 filed by Kevin Kempf, Jay L. Nielsen, C.L. (Butch) Otter, Brent D. Reinke, Robin Sandy, Howard G. "J.R.&q Van Tassel. Replies due by 6/22/2012.(Gilmore, Michael)

ORDER of USCA as to 20 Notice of Appeal, filed by Idahoans for Openness in Government, Inc., Idaho Statesman Publishing, LLC, The Idaho Press Club, Inc., Pioneer Newspapers, Inc., The Associated Press, Bar Bar Inc., Lee Enterprises, Incorporated, TPC Holdings, Inc., Cowles Publishing Company ; On Wednesday June 6, 2012, the parties simultaneously: (1) shall file opening briefs and any request for relief by 2 p.m. Pacific Time (PT); and (2) may file optional responses by 8 p.m. PT. The Court has read all district court filings so the parties are encouraged to file abbreviated briefs, focused upon the correctness of the district court's June 5, 2012 order. Oral argument is set for Thursday June 7, 2012 at 9:30 a.m. PT at the Richard H. Chambers Courthouse, 125 S. Grand Avenue, Pasadena, CA 91105. Counsel may appear in person in Pasadena, CA or may appear via video conference. A video conference link will be available at the U.S. District Court, 550 W. Fort Street, Boise, Idaho 83724. The Clerk's Office for the Ninth Circuit will be in contact with the parties regarding room locations. (dks)

MANDATE of USCA as to 20 Notice of Appeal, filed by Idahoans for Openness in Government, Inc., Idaho Statesman Publishing, LLC, The Idaho Press Club, Inc., Pioneer Newspapers, Inc., The Associated Press, Bar Bar Inc., Lee Enterprises, Incorporated, TPC Holdings, Inc., Cowles Publishing Company (dks) (Entered: 06/11/2012)

PLEASE DISREGARD-WRONG IMAGE PLACED ON DOCKET. CLERK TO REDOCKET WITH CORRECT IMAGE.MANDATE of USCA as to 20 Notice of Appeal, filed by Idahoans for Openness in Government, Inc., Idaho Statesman Publishing, LLC, The Idaho Press Club, Inc., Pioneer Newspapers, Inc., The Associated Press, Bar Bar Inc., Lee Enterprises, Incorporated, TPC Holdings, Inc., Cowles Publishing Company (dks) Modified on 6/11/2012 to edit text (dks). (Entered: 06/11/2012)

OPINION of USCA as to 20 Notice of Appeal, filed by Idahoans for Openness in Government, Inc., Idaho Statesman Publishing, LLC, The Idaho Press Club, Inc., Pioneer Newspapers, Inc., The Associated Press, Bar Bar Inc., Lee Enterprises, Incorporated, TPC Holdings, Inc., Cowles Publishing Company (dks) (Entered: 06/11/2012)

ORDER of USCA amending 23 Opinion as to 20 Notice of Appeal, filed by Idahoans for Openness in Government, Inc., Idaho Statesman Publishing, LLC, The Idaho Press Club, Inc., Pioneer Newspapers, Inc., The Associated Press, Bar Bar Inc., Lee Enterprises, Incorporated, TPC Holdings, Inc., Cowles Publishing Company (dks) (Entered: 06/11/2012)

ORDER of USCA (en banc proceedings concluded) as to 20 Notice of Appeal, filed by Idahoans for Openness in Government, Inc., Idaho Statesman Publishing, LLC, The Idaho Press Club, Inc., Pioneer Newspapers, Inc., The Associated Press, Bar Bar Inc., Lee Enterprises, Incorporated, TPC Holdings, Inc., Cowles Publishing Company (dks) (Entered: 06/11/2012)

ORDER re 23 Opinion & 25 USCA Mandate, vacating 19 Order; granting 2 MOTION for Preliminary Injunction filed by Idahoans for Openness in Government, Inc., Idaho Statesman Publishing, LLC, The Idaho Press Club, Inc., Pioneer Newspapers, Inc., The Associated Press, Bar Bar Inc., Lee Enterprises, Incorporated, TPC Holdings, Inc., Cowles Publishing Company. The parties are directed to submit a joint litigation plan to the Court on or before June 22, 2012 in order for the Court to address the remaining issues in this case.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dks)

DOCKET ENTRY ORDER: Joint litigation plan shall be due by 7/9/2012. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dmc)

STIPULATION re 28 Order,, Joint Stipulation Requesting Extension of Time to File Joint Litigation Plan Pending Settlement of Matter by Bar Bar Inc., Cowles Publishing Company, Idaho Statesman Publishing, LLC, Idahoans for Openness in Government, Inc., Lee Enterprises, Incorporated, Pioneer Newspapers, Inc., TPC Holdings, Inc., The Associated Press, The Idaho Press Club, Inc.. (Brown, Charles)

STIPULATION re 28 Order,, Stipulation (in lieu of Joint Litigation Plan) by Bar Bar Inc., Cowles Publishing Company, Idaho Statesman Publishing, LLC, Idahoans for Openness in Government, Inc., Lee Enterprises, Incorporated, Pioneer Newspapers, Inc., TPC Holdings, Inc., The Associated Press, The Idaho Press Club, Inc.. (Brown, Charles)

PERMANENT INJUNCTION. The Idaho Department of Corrections, and responsible parties associated therewith, are hereby ordered to modify their procedures to allow the witnesses to the execution of a condemned inmate to observe the entire execution from the moment the inmate enters the execution chamberthrough, to and including, the time the inmate is declared dead. So Ordered and this case will be deemed closed. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)