Case: Vasquez v. Rackaukas

Vasquez v. Rackaukas

Vasquez v. Rackauckas

U.S. Court of Appeals for the Ninth Circuit

EX PARTE APPLICATION for Temporary Restraining Order and order to Show Cause RE: Preliminary Injunction filed by plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. Lodged order.(twdb) (Entered: 09/25/2009)

SEALED DOCUMENT EX PARTE APPLICATION for Leave to Proceed under Fictitious name. Lodged Order.(twdb) (Entered: 09/29/2009)

DECLARATION of Miguel Bernal Lara in Support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez and Miguel Bernal Lara. (lwag) (Entered: 11/10/2009)

EX PARTE APPLICATION to Seal the following (see document) filed by plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara.(twdb) (Entered: 09/25/2009)

*SEAL DOCUMENT* DECLARATION of Lorraine Newhouse in support of EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 . (twdb) (Entered: 09/29/2009)

MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (Entered: 09/25/2009)

* SEALED DOCUMENT* MEMORANDUM in Support of EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 . (twdb) (Entered: 09/29/2009)

COMPLAINT against defendants Tony Rackaukas, Robert Gustafson, Does.(Filing fee $ 350 paid) jury demand., filed by Plaintiff-Petitioners Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara.(twdb) (Additional attachment(s) added on 9/25/2009: # 1 Civil Cover Sheet) (twdb). (Additional attachment(s) added on 9/25/2009: # 2 Complaint) (twdb). (Additional attachment(s) added on 9/25/2009: # 3 summons) (twdb). (Entered: 09/25/2009)

2 Civil Cover Sheet

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3 Complaint

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4 summons

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DECLARATION of Linda Marie Dominic in support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (Entered: 09/25/2009)

*SEALED DOCUMENT* DECLARATION of Belinda Escobosa Helzer in support of EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 . (twdb) (Entered: 09/29/2009)

DECLARATION of Jane Doe in support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (twdb). (Entered: 09/25/2009)

MEMORANDUM of points and authorities in Support of EX PARTE APPLICATION to Seal 5 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (Entered: 09/25/2009)

NOTICE of Interested Parties filed by plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, (twdb) (Entered: 09/25/2009)

DECLARATION of Manuel Vasquez in support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (twdb). (Entered: 09/25/2009)

DECLARATION of Belinda Escobosa Helzer in support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (Additional attachment(s) added on 9/25/2009: # 1 part 2, # 2 part 3, # 3 part 4) (twdb). (Entered: 09/25/2009)

2 part 2

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3 part 3

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4 part 4

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DECLARATION of Gabriel Bastida in support of EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (twdb) (twdb). (Entered: 09/25/2009)

MINUTES OF IN CHAMBERS ORDER RE PLAINTIFF-PETITIONERS (1) EX PARTE APPLICATION TO FILE UNDER SEAL; (2) EX PARTE APPLICATION TO PROCEED UNDER FICTITIOUS NAME; and (3) EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER held before Judge Valerie Baker Fairbank: Pursuant to the Courts procedures and schedules, the Defendants shall file oppositions to the Ex Parte Applications within 48 hours (or two court days) on or before noon on September 28, 2009. See www.cacd.uscourts.gov > Judges Procedures & Schedules > Hon. Valerie Baker Fairbank. Paper courtesy copies of the opposition papers shall also be left with chambers by 2:00 pm on Monday, September 28, 2009. Counsel will then be notified if a hearing is set by the Court. Counsel for Plaintiff-Petitioners shall immediately serve a copy of this Order on defendants counsel by fax, email or personal delivery. (se) (Entered: 09/25/2009)

NOTICE OF REFERENCE TO A U.S. MAGISTRATE JUDGE. Pursuant to the provisions of the Local Rules, the within action has been assigned to the calendar of Judge Margaret M. Morrow and referred to Magistrate Judge Paul L. Abrams to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (twdb) (Entered: 09/25/2009)

NOTICE OF CLERICAL ERROR: Due to clerical error the document was attached and docketed to the wrong case number. Please disregard Re: Notice of Reference to a U.S. Magistrate Judge (H/C)(CV-84), Notice of Reference to a U.S. Magistrate Judge (H/C)(CV-84) 3 (twdb) (Entered: 09/25/2009)

NOTICE of Manual Filing filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, Defendant Does of (1) Ex Parte Application to Proceed Under Fictitious Name; (2) Memo of Points & Authorities in Support of Application to Proceed Under Fictitious Name; (3) Declaration in Support of Application to Proceed Under Fictitious Name; (4) Declararation of Escobosa Helzer in Support of Application to Proceed Under Fictitious Name; (5) [Proposed] Order to Granting Application to Proceed Under Fictitious Name; (6) Petition for Appointment of Guardian Ad Litem; (7) [Proposed] Order Granting Guardian Ad Litem. (Escobosa Helzer, Belinda) (Entered: 09/25/2009)

MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: NOTICE OF CLERICAL ERROR. Due to a clerical error, docket entry #3 was docketed under case number SACV 09-1090-VBF(RNBx). The Notice of Reference to a U.S. Magistrate Judge is in reference to case number SACV 09-1099-MMM(PLA). (se) (Entered: 09/25/2009)

PROOF OF SERVICE filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, re Minutes of In Chambers Order/Directive - no proceeding held,,, 2 served on 09-24-2009. (Bibring, Peter) (Entered: 09/25/2009)

DECLARATION of Belinda Escobosa Helzer in support of EX PARTE APPLICATION to Seal 5, EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Escobosa Helzer, Belinda) (Entered: 09/25/2009)

Opposition Ex Parte Application for Temporary Restraining Order re: EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Defendant Robert Gustafson. (Attachments: # 1 Declaration Robert Gustafson, # 2 Declaration Joel Nigro)(Winthers, Wayne) (Entered: 09/28/2009)

2 Declaration Robert Gustafson

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3 Declaration Joel Nigro

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Objection to Evidence re: EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Defendant Robert Gustafson. (Winthers, Wayne) (Entered: 09/28/2009)

Opposition Opposition re: EX PARTE APPLICATION to Seal 5 filed by Defendant Robert Gustafson. (Attachments: # 1 Proposed Order to Opposition to File Documents Under Seal)(Winthers, Wayne) (Entered: 09/28/2009)

2 Proposed Order to Opposition to File Documents Under Seal

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Opposition Opposition re: EX PARTE APPLICATION to Seal 5 filed by Defendant Robert Gustafson. (Attachments: # 1 Proposed Order to Opposition to Proceed Under Fictitious Name)(Winthers, Wayne) (Entered: 09/28/2009)

2 Proposed Order to Opposition to Proceed Under Fictitious Name

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Opposition Opposition re: EX PARTE APPLICATION for Temporary Restraining Order 4 Notice of Lodging [proposed] Order filed by Defendant Robert Gustafson. (Attachments: # 1 Proposed Order to Opposition to Temporary Restraining Order)(Winthers, Wayne) (Entered: 09/28/2009)

2 Proposed Order to Opposition to Temporary Restraining Order

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Opposition opposition re: EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

Opposition Opposition re: EX PARTE APPLICATION to Seal 5 filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

Request to Strike and Evidentiary Objections to Declarations Filed by Plaintiffs-Petitioners filed by Defendant Tony Rackaukas (Harman, James) (Entered: 09/28/2009)

DECLARATION of Detective J. Nigro re Objection/Opposition (Motion related) 26 filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

OBJECTIONS to Plaintiffs-Petitioners' Ex Parte Application to Proceed Under Fictitious Name filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

NOTICE OF LODGING filed (Attachments: # 1 Proposed Order Re: Opposition to Plaintiff-Petitioner's Ex Parte Application to Proceed Under Fictitious Name)(Harman, James) (Entered: 09/28/2009)

2 Proposed Order Re: Opposition to Plaintiff-Petitioner's Ex Parte Applicatio

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NOTICE OF LODGING filed re Minutes of In Chambers Order/Directive - no proceeding held,,, 2 (Attachments: # 1 Proposed Order Re: Opposition to Plaintiff-Petitioners' Ex Parte Application Temp. Restraining Order & OSC Re: Preliminary Injunc.)(Harman, James) (Entered: 09/28/2009)

2 Proposed Order Re: Opposition to Plaintiff-Petitioners' Ex Parte Applicatio

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NOTICE OF LODGING filed re Minutes of In Chambers Order/Directive - no proceeding held,,, 2 (Attachments: # 1 Proposed Order Re: Opposition to Plaintiff-Petitioners' Ex Parte Application to File Documents Under Seal)(Harman, James) (Entered: 09/28/2009)

2 Proposed Order Re: Opposition to Plaintiff-Petitioners' Ex Parte Applicatio

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DECLARATION of Michael J. Hernandez Part one filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

DECLARATION filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

DECLARATION of Michael J. Hernandez Part Three filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/28/2009)

Proof OF SERVICE filed by defendant Tony Rackaukas, served on September 28, 2009. (Harman, James) (Entered: 09/28/2009)

NOTICE of Errata filed by defendant Tony Rackaukas. (Harman, James) (Entered: 09/29/2009)

MINUTES (IN CHAMBERS) by Judge Valerie Baker Fairbank: The Ex Parte Application of Plaintiff-Petitioner JAMES DOE, by and through his guardian ad litem, JANE DOE, to File Under Seal 5 is GRANTED. Ex Parte Application of Plaintiff-Petitioner JAMES DOE, by and through his guardian ad litem, JANE DOE, to Proceed Under Fictitious Name 4 is DENIED; The Court, however, finds sufficient grounds to set an Order to Show Cause re Proceeding Under Fictitious Name. The hearing on the Order to Show Cause shall be set for 11/5/2009 at 2:30 PM. Supplemental motion papers shall be filed and served by 10/6/2009; supplemental opposition papers shall be filed and served by 10/20/2009; and Reply papers shall be filed and served by 10/27/2009. Within the next three court days, counsel shall meet and confer to attempt to fashion a protective/confidentiality order and resolve issues presented by the Application to Proceed Under Fictitious Name. Ex Parte Application of Plaintiff-Petitioners for Temporary RestrainingOrder 41 is DENIED without prejudice. For several reasons set forth below, the Court finds that the Plaintiff-Petitioners did not make a sufficient showing in support of the relief requested. The Court, however, will set an Order to Show Cause re Preliminary Injunction hearing for 11/5/2009 at 2:30 PM. By 10/6/2009, the Petitioner-Plaintiffs shall file Motion papers including a proposed order which complies with Rule 65(d) of the FRCP. The Defendants shall then file opposition papers by 10/20/2009 and the Petitioner-Plaintiffs shall file reply papers by 10/27/2009 (see attached Minute Order for further details). (jp) (Entered: 09/29/2009)

OBJECTIONS to EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Defendant Tony Rackaukas. (Harman, James) (Entered: 09/29/2009)

MINUTES IN CHAMBERS by Judge Valerie Baker Fairbank: COURT ORDER. Counsel are hereby notified that a Scheduling Conference has been set for 12/7/2009 AT 8:30 AM. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Rule 26(f) Report and a Notice of Settlement Procedure Selection Form ADR-1, on or before 11/30/2009. The Court requests that a mandatory chambers copy of the report be delivered to chambers by 12:00 p.m. the following day. If counsel fail to file the required Joint Rule 26(f) Report and a Notice of Settlement Procedure Selection form or fail to appear at the Scheduling Conference and such failure is not otherwise satisfactorily explained to the Court, the Court may take such action as it deems appropriate, such as monetary sanctions, or ultimately, dismissal or default. (jp) (Entered: 09/29/2009)

Proof OF SERVICE filed by defendant Tony Rackaukas, re Notice (Other) 38, Objections - non-motion 39 served on September 29, 2009. (Harman, James) (Entered: 09/29/2009)

STANDING ORDER by Judge Valerie Baker Fairbank: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND ADDS TO THE LOCAL RULES. COUNSEL FOR PLAINTIFF SHALL IMMEDIATELY SERVE THIS ORDER ON ALL PARTIES, INCLUDING ANY NEW PARTIES TO THE ACTION. IF THIS CASE WAS REMOVED FROM STATE COURT, THE DEFENDANT WHO REMOVED THE CASE SHALL SERVE THIS ORDER ON ALL OTHER PARTIES; Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Conformed courtesy copies of all papers filed with the Court, including those filed electronically, shall be delivered on the next day of filing, by 12 noon, to the drop box outside the Chambers of Judge Valerie Baker Fairbank. The Judge's Chambers are located at the end of the hallway, past the courtroom. (see document for further details.) (jp) (Entered: 09/29/2009)

NOTICE of Scheduling Conference on Dec. 7, 2009 and Standing Order filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Exhibit A and B, # 2 Proof of Service)(Escobosa Helzer, Belinda) (Entered: 10/01/2009)

2 Exhibit A and B

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3 Proof of Service

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PROOF OF SERVICE Executed Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, upon Robert Gustafson served on 9/24/2009, answer due 10/14/2009. The Summons and Complaint were served by Personal service, by State statute, upon Tricia Delrio, Administrative Specialist, City Clerk. Due Dilligence declaration No. Original Summons no. (Escobosa Helzer, Belinda) (Entered: 10/01/2009)

PROOF OF SERVICE Executed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, upon Tony Rackaukas served on 9/24/2009, answer due 10/14/2009. The Summons and Complaint were served by Personal service, by State statute, upon Yesenia, Authorized to Accept Service of Process. Due Dilligence declaration not attached. Original Summons not returned. (Escobosa Helzer, Belinda) (Entered: 10/01/2009)

MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order 4 (Supplemental) in Support of Preliminary Injunction filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Proposed Order Granting Preliminary Injunction)(Escobosa Helzer, Belinda) (Entered: 10/06/2009)

2 Proposed Order Granting Preliminary Injunction

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Objections to Evidence Submitted by Defendant Tony Rackauckas and Defendant Robert Gustafson In Support of re: EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Escobosa Helzer, Belinda) (Entered: 10/06/2009)

DECLARATION of Belinda Escobosa Helzer in support of EX PARTE APPLICATION for Temporary Restraining Order 4 (Supplemental) in Support of Preliminary Injunction filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Exhibit O and P, # 2 Exhibit Q - S, # 3 Exhibit T - X, # 4 Exhibit Y & Z, # 5 Exhibit AA & BB)(Escobosa Helzer, Belinda) (Entered: 10/06/2009)

2 Exhibit O and P

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3 Exhibit Q - S

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4 Exhibit T - X

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5 Exhibit Y & Z

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6 Exhibit AA & BB

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NOTICE OF AGREEMENT OF COUNSEL TO ENTER INTO PROTECTIVE ORDER TO RESOLVE ISSUES PRESENTED BY PLAINTIFF-PETITIONERS' APPLICATION TO PROCEED UNDER FICTITIOUS NAME re EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Escobosa Helzer, Belinda) (Entered: 10/06/2009)

REQUEST to Substitute attorney S. FRANK HARRELL in place of attorney JAMES C. HARMAN filed by Defendant Tony Rackaukas. (Attachments: # 1 Proposed Order to Request for Approval of Substitution of Attorney)(Harrell, S) (Entered: 10/07/2009)

2 Proposed Order to Request for Approval of Substitution of Attorney

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REQUEST to Substitute Attorney filed by defendant Tony Rackaukas. (Harman, James) (Entered: 10/07/2009)

ORDER by Judge Valerie Baker Fairbank: granting 55 Request to Substitute Attorney. Added attorney S Frank Harrell for Tony Rackaukas. Attorney James Clement Harman terminated. (se) (Entered: 10/08/2009)

NOTICE of Entry of Order on Request for Approval of Substitution of Attorney filed by defendant Tony Rackaukas. (Harman, James) (Entered: 10/09/2009)

Joint STIPULATION for Extension of Time to File Answer to 11/16/2009 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Tony Rackaukas. (Attachments: # 1 Proposed Order to Joint Stipulation)(Harrell, S) (Entered: 10/14/2009)

2 Proposed Order to Joint Stipulation

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ORDER granting Stipulation to Extend Time to Answer (More than 30 days) 59 : defendants Tony Rackaukas answer due 11/16/2009; Robert Gustafson answer due 11/16/2009; Does answer due 11/16/2009 by Judge Valerie Baker Fairbank. Plaintiffs will then file and serve any Opposition on or before December 7, 2009. Defendants will thereafter prepare and file any Reply on or before December 21, 2009. (se) (Entered: 10/19/2009)

OPPOSITION to Plaintiffs' Request for Preliminary Injunction OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Defendant Robert Gustafson. (Attachments: # 1 Declaration of Joel Nigro)(Winthers, Wayne) (Entered: 10/20/2009)

2 Declaration of Joel Nigro

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OPPOSITION to Plaintiff's Request for Preliminary Injunction; Memorandum of Points and Authorities filed by Defendant Tony Rackaukas. (Attachments: # 1 Declaration of S. Frank Harrell in Support of Opposition, # 2 Exhibit "A" in Support of Opposition, # 3 Exhibit "B" (part one) in Support of Opposition, # 4 Exhibit "B" (part two) in Support of Opposition, # 5 Declaration "B" (part three) in Support of Opposition, # 6 Exhibit "C" in Support of Opposition, # 7 Exhibit "D" and "E" in Support of Opposition)(Harrell, S) (Entered: 10/20/2009)

2 Declaration of S. Frank Harrell in Support of Opposition

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3 Exhibit "A" in Support of Opposition

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4 Exhibit "B" (part one) in Support of Opposition

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5 Exhibit "B" (part two) in Support of Opposition

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6 Declaration "B" (part three) in Support of Opposition

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7 Exhibit "C" in Support of Opposition

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8 Exhibit "D" and "E" in Support of Opposition

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NOTICE OF LODGING filed re Response in Opposition to Motion,, 62 (Attachments: # 1 Exhibit Reply Brief ISO PI)(Bibring, Peter) (Entered: 10/27/2009)

2 Exhibit Reply Brief ISO PI

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REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Exhibit A - People v Nortenos, # 2 Exhibit B - Docket Statement, # 3 Exhibit C - People v Oakdale, # 4 Exhibit D- Docket Statement, # 5 Exhibit E - Chapter 5)(Villagra, Hector) (Entered: 10/27/2009)

2 Exhibit A - People v Nortenos

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3 Exhibit B - Docket Statement

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4 Exhibit C - People v Oakdale

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5 Exhibit D- Docket Statement

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6 Exhibit E - Chapter 5

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MEMORANDUM of Points and Authorities in Support filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. Re: Request for Judicial Notice, 64 (Attachments: # 1 Proposed Order)(Villagra, Hector) (Entered: 10/27/2009)

2 Proposed Order

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DECLARATION of Ashe & Helzer filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-D, # 3 Exhibit E-F, # 4 Exhibit G-H, # 5 Exhibit I-J, # 6 Exhibit K-L, # 7 Exhibit M-N, # 8 Exhibit O-P, # 9 Exhibit Q-R, # 10 Exhibit S-T, # 11 Exhibit U-V, # 12 Exhibit W-X, # 13 Exhibit Y-Z, # 14 Exhibit AA-BB, # 15 Exhibit CC)(Villagra, Hector) (Entered: 10/27/2009)

2 Exhibit A-B

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3 Exhibit C-D

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4 Exhibit E-F

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5 Exhibit G-H

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6 Exhibit I-J

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7 Exhibit K-L

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8 Exhibit M-N

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9 Exhibit O-P

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10 Exhibit Q-R

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11 Exhibit S-T

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12 Exhibit U-V

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13 Exhibit W-X

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14 Exhibit Y-Z

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15 Exhibit AA-BB

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16 Exhibit CC

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EX PARTE APPLICATION to Exceed Page Limitation page number filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Attachments: # 1 Exhibit Reply Brief, # 2 Proposed Order)(Bibring, Peter) (Entered: 10/27/2009)

2 Exhibit Reply Brief

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3 Proposed Order

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ORDER by Judge Valerie Baker Fairbank granting Ex Parte Application for Leave to File Excess Pages 67, that Plaintiff-Petitioners may file a Memorandum of Points and Authorities in Support of their Ex Parte Application for a Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction not to exceed thirty-five (35) pages. (jp) (Entered: 10/29/2009)

OBJECTIONS to Declaration (non-motion), Declaration (non-motion) 66, Memorandum of Points and Authorities in Support (non-motion) 65, Request for Judicial Notice, 64 WITH REGARD TO PRELIMINARY INJUNCTION filed by Defendant Robert Gustafson. (Winthers, Wayne) (Entered: 10/29/2009)

REPLY in support of Preliminary Injunction filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Villagra, Hector) (Entered: 10/29/2009)

MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank re OSC re Preliminary Injuction 51 . At the hearing on the OSC re Preliminary Injunction, oral argument on all issues raised in the papers will be invited. (kbr) (Entered: 11/03/2009)

OBJECTIONS to Declaration (non-motion), Declaration (non-motion) 66 DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEY'S OBJECTION TO DECLARATIONS OF TYSON HELZER AND LINDA DOMENIC ASHE AND REQUEST FOR JUDICIAL NOTICE SUBMITTED IN SUPPORT OF PLAINTIFF'S REPLY BRIEF filed by Defendant Tony Rackaukas. (Harrell, S) (Entered: 11/04/2009)

MINUTES Order to Show Cause re Proceeding Under Fictitious Name; Order to Show Cause re Preliminary Injunction 45 before Judge Valerie Baker Fairbank: Case called. The Court CONTINUES the hearing on both the Order to Show Cause re Proceeding Under Fictitious Names and Order to Show Cause re Preliminary Injunction to 11/6/2010 at 10:00 AM. Court Reporter: Rosalyn Adams. (jp) (Entered: 11/09/2009)

MINUTES Order to Show Cause re Proceeding Under Fictitious Name; Order to Show Cause re Preliminary Injunction before Judge Valerie Baker Fairbank: Case called. The Court hears arguments from the Parties on the Order to Show Cause re Proceeding Under Fictitious Name. Upon the Plaintiffs' request, the Court continues the OSC re Fictitious Name to 12/7/2009 at 8:30 AM The Plaintiffs shall file their supplemental motion papers by 11/16/2009. and the Defendants shall file any opposition by 11/30/2009. Court Reporter: Rosalyn Adams. (jp) (Entered: 11/09/2009)

MEMORANDUM of CONTENTIONS of FACT and LAW filed by DEFENDANT Robert Gustafson. (Winthers, Wayne) (Entered: 11/10/2009)

[proposed] FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF PRELIMINARY INJUNCTION re EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. (Villagra, Hector) (Entered: 11/10/2009)

DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEYS [PROPOSED] FINDINGS OF FACT AND CONCLUSIONS OF LAW (Harrell, S) (Entered: 11/10/2009)

NOTICE OF MOTION AND MOTION to Strike Part of Miscellaneous Document 77 filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. Motion set for hearing on 12/7/2009 at 08:30 AM before Judge Valerie Baker Fairbank. (Attachments: # 1 Proposed Order)(Villagra, Hector) (Entered: 11/11/2009)

2 Proposed Order

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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Hearing information is missing, incorrect, or not timely. This document appears to be an objection to a prior filing. Therefore it should have been filed under the Miscellaneous (non-motion) category. If this is a motion, the hearing time is incorrect, judge Fairbank hears motions at 1:30 and no memorandum of points and authorities was submitted. RE: MOTION to Strike Part of Miscellaneous Document 79 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (jp) (Entered: 11/13/2009)

NOTICE of Manual Filing filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara of Memo of P& A and Declaration. (Villagra, Hector) (Entered: 11/16/2009)

SEALED DOCUMENT- Declaration of Hector O-Villagra in Support of Exparte Application to Proceed Under Fictitious Name. (Attachments: Part 2)(mat) (Entered: 11/18/2009)

OF SERVICE filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara, of Documents Filed Under Seal: (1) Supplemental Memorandum of Points and Authorities in Support of Ex Parte Application to Proceed Under Fictitious Name; (2) Declaration of Hector O Villagra in Support of Ex Parte Application to Proceed Under Fictitious Name served on 11/16/2009. (Villagra, Hector) (Entered: 11/16/2009)

SEALED DOCUMENT- Supplemental Memorandum of Points and Authorities in Support of Exparte Application to Proceed Under Fictitious Name. (mat) (Entered: 11/18/2009)

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Robert Gustafson. Motion set for hearing on 1/11/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Proposed Order)(Winthers, Wayne) (Entered: 11/16/2009)

2 Proposed Order

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NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Portions of Plaintiffs' Complaint filed by Defendant Tony Rackaukas. Motion set for hearing on 1/11/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Harrell, S) (Entered: 11/16/2009)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: No Proposed Order was submitted RE: MOTION to Dismiss and/or Strike Portions of Plaintiffs' Complaint 84 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (kbr) (Entered: 11/17/2009)

MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: re: Ruling on Submitted Matter: Plaintiffs' Motion for Preliminary Injunction 51 . After considerting the papers filed and counsel's oral arguments at the hearings on November 5 and 6, 2009, the Court DENIES the Plaintiffs' Motion for Preliminary Injunction on the ground that the equitable relief sought is not appropriate. (kbr) (Entered: 11/17/2009)

NOTICE OF LODGING filed re MOTION to Dismiss and/or Strike Portions of Plaintiffs' Complaint 84 (Attachments: # 1 Proposed Order Proposed Order Granting Defendant Orange County District Attorney's Motion to Dismiss)(Harrell, S) (Entered: 11/19/2009)

2 Proposed Order Proposed Order Granting Defendant Orange County District Attorney

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JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 weeks, filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara.. (Bibring, Peter) (Entered: 11/25/2009)

OPPOSITION in opposition re: EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 Opposition to supplemental documents filed under SEAL (document 81) filed by Defendant Robert Gustafson. (Winthers, Wayne) (Entered: 11/30/2009)

NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, 86 filed by Plaintiff Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. Motion set for hearing on 12/21/2009 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Proposed Order)(Villagra, Hector) (Entered: 11/30/2009)

2 Proposed Order

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NOTICE OF MOTION re MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, 86 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, 86 92 filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara. Motion set for hearing on 12/21/2009 at 01:30 PM before Judge Valerie Baker Fairbank. (Villagra, Hector) (Entered: 11/30/2009)

OPPOSITION TO APPLICATION TO PROCEED UNDER FICTITIOUS NAME Opposition re: EX PARTE APPLICATION for Leave to Proceed under Fictitious name 41 filed by Defendant Tony Rackaukas. (Attachments: # 1 Supplement Notice of Manual Filing)(Harrell, S). Modified on 12/1/2009 (jp). Modified on 12/8/2009 (jp). (Entered: 11/30/2009)

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NOTICE of Manual Filing filed by Defendant Tony Rackaukas of NOTICE OF LODGING DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEY'S OPPOSITION TO APPLICATION TO PROCEED UNDER FICTITIOUS NAME and DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEY'S OPPOSITION TO APPLICATION TO PROCEED UNDER FICTITIOUS NAME. (Harrell, S) (Entered: 12/01/2009)

NOTICE of Manual Filing filed by Defendant Tony Rackaukas of NOTICE OF LODGING DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEY'S APPLICATION TO REMOVE OPPOSITION TO APPLICATION TO PROCEED UNDER FICTITIOUS NAME and DEFENDANT/RESPONDENT ORANGE COUNTY DISTRICT ATTORNEY'S APPLICATION TO REMOVE OPPOSITION TO APPLICATION TO PROCEED UNDER FICTITIOUS NAME and [PROPOSED] ORDER. (Harrell, S) (Entered: 12/01/2009)

MINUTES (IN CHAMBERS) by Judge Valerie Baker Fairbank: COURT ORDER DENYING WITHOUT PREJUDICE Motion for Reconsideration 92, 93 . Plaintiffs did not put this required statement in their Notice. Accordinlying, for noncomplaince with Local Rule 7-3, Plaintiffs' Motion is DENIED WITHOUT PREJUDICE. (jp) (Entered: 12/01/2009)

NOTICE OF DISCREPANCY AND ORDER by Judge Valerie Baker Fairbank, ORDERING Notice of Lodging Application to Remove Defendant/Respondent Orange County District Attorneys's Opposition to Application to Proceed Under Fictitious Name from the Public Record and Place it Under Seal; Application to Remove Defendant/Respondent Orange County District Attorneys's Opposition to Application to Proceed Under Fictitious Name from the Public Record and Place it Under Seal; (Proposed) Order Regarding Removing Defendant/Respondent Orange County District Attorney's Opposition to Application to Proceed Under Fictitious Name From the Public Record and Placing it Under Seal; Notice of Lodging Opposition to Application to Proceed Under Fictitious Name; Opposition to Application to Proceed Under Fictitious Name; submitted by Defendant Orange County District Attorney, received on 12/2/09 are not to be filed but instead rejected. Denial based on: There is no protective order on the docket to file under seal. (mg) (Entered: 12/04/2009)

MINUTES OSC RE FICTITIOUS NAME; OSC SCHEDULING CONFERENCE before Judge Valerie Baker Fairbank: Case called. As more fully reflected in the Reporter's Notes, the Court denies Plaintiff James Doe's Ex Parte Application to Proceed Under Fictitious Name 41, 74 . The Court finds that Plaintiffs privacy interest injuvenile records can be adequately protected by sealing the documents, and that there are insufficient grounds to permit the Plaintiff to proceed by a fictitious name. The Court orders the Parties to promptly meet and confer to file a stipulated protective order or a motion for protective order with the Magistrate Judge. The Court sets the following schedule for the Plaintiffs' Motion for Class Certification: Motion for Class Certification Filed By 3/15/2010; Opposition to Class Certification Motion Filed By 3/29/2010; Reply for Class Certification filed By 4/5/2010; Hearing on Motion for Class Certification 4/19/2010 at 1:30 PM. The Court sets the following schedule in this case: Trial 11/9/2010 at 8:30 AM; Final Pretrial Conference 10/18/2010 at 2:30 PM; Motion Filing cut-Off 8/16/2010; Non-Expert Discovery cut-off 7/12/2010; Expert Discovery Cut-off 8/16/2010; Expert Disclosures pursuant to the Parties' stipulation or FRCP 26; Settlement Conference Held By 3/1/2010. Court Reporter: Rosalyn Adams. (jp) (Entered: 12/08/2009)

NOTICE OF NON-OPPOSITION MOTION to Dismiss and/or Strike Portions of Plaintiffs' Complaint 84 filed by Defendant Tony Rackaukas. (Harrell, S) (Entered: 12/14/2009)

NOTICE OF NON-OPPOSITION to MOTION to Dismiss Case 83 filed by Defendant Robert Gustafson. (Winthers, Wayne) (Entered: 12/14/2009)

EX PARTE APPLICATION TO REVISE THE BRIEFING SCHEDULE RE MOTIONS TO DISMISS filed by Plaintiffs Gabriel Bastida, James Doe, Manuel Vasquez, Miguel Bernal Lara (Attachments: # 1 Proposed Order)(Bibring, Peter) (Entered: 12/16/2009)

2 Proposed Order

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