Case: Doe v. Harris

3:12-cv-05713 | U.S. District Court for the Northern District of California

Filed Date: Nov. 7, 2012

Closed Date: Jan. 11, 2017

Clearinghouse coding complete

Case Summary

In the 2012 general election, California voters overwhelmingly approved Proposition 35, a human trafficking ballot initiative, enacting the Californians Against Sexual Exploitation Act (CASE Act), which required that anyone who was a registered sex offender - including people with misdemeanor offenses such as indecent exposure and those whose offenses were not related to internet activity - turn over to law enforcement their e-mail addresses, user and screen names, or any other identifier they …

In the 2012 general election, California voters overwhelmingly approved Proposition 35, a human trafficking ballot initiative, enacting the Californians Against Sexual Exploitation Act (CASE Act), which required that anyone who was a registered sex offender - including people with misdemeanor offenses such as indecent exposure and those whose offenses were not related to internet activity - turn over to law enforcement their e-mail addresses, user and screen names, or any other identifier they used for instant messaging, for social networking sites, or at online forums and in internet chat rooms.

On November 7, 2012, the American Civil Liberties Union and the Electronic Frontier Foundation, filed suit in the U.S. District Court for the Northern District of California on behalf of two registered sex offenders and a putative class of all such persons, as well as a website on which sex offender laws are discussed and debated. The plaintiffs sought class certification as well as declaratory and injunctive relief under 42 U.S.C. § 1983 against the State of California. The complaint alleged that the requirements of the law would burden and chill protected speech in violation of plaintiffs' rights under the First Amendment, Due Process Clause, Equal Protection Clause, and Ex Post Facto Clause of the United States Constitution.

The case was assigned to U.S. District Judge Thelton Henderson in San Francisco, who immediately granted a temporary restraining order blocking enforcement of the law. Doe v. Harris, 2012 WL 6101870 (N.D. Cal. Nov. 7, 2012). At this point, two private citizens who were proponents of Proposition 35 moved to intervene as co-defendants. On January 10, 2013, Judge Henderson granted their motion to intervene. Doe v. Harris, 2013 WL 140053 (N.D. Cal. Jan. 10, 2013). The Court noted that the intervenors were not entitled to intervene but the Court permitted it anyway in the hope that their intervention would contribute to a just and equitable resolution of the disputes.

On January 11, 2013, Judge Henderson granted the plaintiffs' Motion for a Preliminary Injunction. Doe v. Harris, 2013 WL 144048 (N.D. Cal. Jan. 11, 2013). The court applied intermediate scrutiny and found that the state had failed to demonstrate that the reporting requirement under the CASE Act was narrowly tailored to serve its legitimate interests in protecting individuals from sex offenses and human-trafficking. Accordingly, the court concluded that the plaintiffs were likely to succeed on their First Amendment speech claim, noting that the plaintiffs enjoyed no lesser right to anonymous speech simply because they were unpopular. Therefore, the court enjoined the state government and all law enforcement personnel from implementing the reporting requirement under the CASE Act.

The State and two private intervenors appealed the decision to the United States Court of Appeals for the Ninth Circuit. The district court stayed the proceedings pending the appeal. On November 18, 2014, the Ninth Circuit affirmed the District Court's granting of the plaintiffs' preliminary injunction and remanded the matter to the District Court for further proceedings. Doe v. Harris, 772 F.3d 563 (9th Cir. 2014).

At a case management conference on April 6, 2015, the intervening defendants requested a stay of proceedings in District Court while they pursued a legislative resolution of the matter. They stated that if legislation was not approved by the California legislature by September 14, 2015, or if legislation was approved by that date but the Governor vetoed the legislation, then the intervenors would stipulate to a permanent injunction. On April 7, 2015, the Court granted the intervening defendants' motion to stay proceedings until September 15, 2015.

On September 14, 2015, the defendants submitted a status report stating that legislation addressing the constitutional concerns raised by Proposition 35 - Senate Bill 448 - was approved by the California Senate with a 39-0 vote on September 1, 2015.

SB 448 amended Proposition 35 in the following ways:

(1) Eliminated the requirement that sex offenders register Internet service providers, and clarified that sex offenders need only register those Internet identifiers actually used to participate in online communications;

(2) Limited the public disclosure of sex offenders' Internet identifiers to instances where the Attorney General had determined, based on specific, articulable facts, that disclosure was likely to protect members of the public from sex-related crimes, kidnappings, or human trafficking;

(3) Provided sex offenders with 5 working days to register new Internet identifiers, rather than 24 hours; and

(4) Applied the registration requirements only to those who were required to register for a crime where the use of the Internet was essential to the commission of the crime.

While the Assembly was unable to vote on SB 448 before the legislative session ended on September 11, 2015, the plaintiffs stated that they had good cause to believe that the Legislature would approve SB 448 shortly after the Legislature reconvened on January 4, 2016, and that the resulting legislation would resolve the plaintiffs' constitutional claims. The intervenors stated that since further litigation was unnecessary, they would allow the current stay to lapse according to its terms, and that the parties would meet and confer about how to proceed.

On October 26, 2015, by the parties' stipulation, the District Court declared that the challenged provisions "violate[d] the First Amendment to the United States Constitution and cannot be enforced." It then deferred entry of final judgment to allow the intervenors to pursue legislation that would amend the law in a way that would resolve the matter without further proceedings.

On October 28, 2016, the Governor signed into law SB 448, which amended the challenged provisions. When it went into effect on January 1, 2017, SB 448 significantly narrowed the scope of the challenged Internet registration requirement, only requiring registration for people convicted after January 1, 2017 of a limited number of enumerated offenses who used the Internet as part of the crimes.

The parties agreed that the amendment made this litigation moot. On December 27, 2016, the parties stipulated that they had agreed that the defendant would pay to the plaintiffs a total of $522,611.07 ($715.77 in costs and $521,895.30 in attorneys' fees), and Judge Henderson entered an order with this agreement on January 3, 2017.

On January 11, 2017, the parties jointly requested that the case be dismissed, and Judge Henderson dismissed the case the next day.

Summary Authors

Emma Bao (6/17/2013)

Richard Jolly (10/14/2014)

Elizabeth Greiter (12/7/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4179697/parties/doe-v-harris/


Judge(s)

Henderson, Thelton Eugene (California)

Attorney for Plaintiff

Fakhoury, Hanni Meena (California)

Attorney for Defendant

Glickman, Benjamin Matthew (California)

Expert/Monitor/Master/Other

Getman, Karen Ann (California)

Harrison, James C. (California)

show all people

Documents in the Clearinghouse

Document

3:12-cv-05713

13-15267

13-15623

Docket [PACER]

Jan. 12, 2017

Jan. 12, 2017

Docket
1

3:12-cv-05713

Class Action Complaint for Declaratory and Injunctive Relief

Nov. 7, 2012

Nov. 7, 2012

Complaint
36

3:12-cv-05713

Order Granting Temporary Restraining Order and Order to Show Cause as to Why a Preliminary Injunction Should Not Issue

Nov. 7, 2012

Nov. 7, 2012

Order/Opinion

2012 WL 2012

45

3:12-cv-05713

Order re Extension of Temporary Restraining Order and Briefing and Hearing Schedule Regarding Plaintiffs’ Motion for a Preliminary Injunction

Nov. 14, 2012

Nov. 14, 2012

Order/Opinion
73

3:12-cv-05713

Order Granting Administrative Motion to Submit Notice of Grant of Certiorari and Clarifying Evidence

Dec. 18, 2012

Dec. 18, 2012

Order/Opinion
77

3:12-cv-05713

Order Granting Motion to Intervene

Jan. 10, 2013

Jan. 10, 2013

Order/Opinion

2013 WL 2013

78

3:12-cv-05713

Order Granting Plaintiffs' Motion for a Preliminary Injunction

Jan. 11, 2013

Jan. 11, 2013

Order/Opinion

2013 WL 2013

116

3:12-cv-05713

Status Report

Sept. 14, 2015

Sept. 14, 2015

Pleading / Motion / Brief
119

3:12-cv-05713

Scheduling Order

Roe v. Harris

Oct. 26, 2015

Oct. 26, 2015

Order/Opinion
134

3:12-cv-05713

Stipulation and Joint Request for a Court Order Re: the Parties' Settlement of Plaintiffs' Claim for Costs and Attorneys' Fees, with Order

Jan. 3, 2017

Jan. 3, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4179697/doe-v-harris/

Last updated Feb. 27, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Alameda, Kamala D. Harris ( Filing fee $ 350, receipt number 34611080391. summons issued). Filed byJohn Doe, Jack Roe, California Reform Sex Offender Laws. (Attachments: # 1 Civil Cover Sheet)(hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

1 Civil Cover Sheet

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Nov. 7, 2012

Nov. 7, 2012

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 2/4/2013. Case Management Conference set for 2/11/2013 01:30 PM in Courtroom 12, 19th Floor, San Francisco. (Attachments: # 1 Standing Order, # 2 Standing Order for all judges)(hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

1 Standing Order

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2 Standing Order for all judges

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Nov. 7, 2012

Nov. 7, 2012

PACER
3

Summons Issued as to City of Alameda, Kamala D. Harris. (hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
4

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge.. (hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
5

Certificate of Interested Entities by California Reform Sex Offender Laws, John Doe, Jack Roe (hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
6

Ex-Parte Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue filed by California Reform Sex Offender Laws, John Doe & Jack Roe. (hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
7

Declaration of Michael T. Risher in Support of 6 MOTION for Temporary Restraining Order filed byError: party not known. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 6 ) (hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Nov. 7, 2012

Nov. 7, 2012

PACER
8

MEMORANDUM in Support re 6 MOTION for Temporary Restraining Order filed byCalifornia Reform Sex Offender Laws, John Doe, Jack Roe. (Related document(s) 6 ) (hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
9

Proposed Temporary Restraining Order and Order to Show Cause and Order for Provisional Class Certificate by California Reform Sex Offender Laws, John Doe, Jack Roe. (hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
10

NOTICE of Motion & Motion and Points & Authorities in Support of Class Certification filed by California Reform Sex Offender Laws, John Doe & Jack Roe. (hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

RECAP
11

Declaration of Linda Lye in Support of re 10 MOTION for Class Certification filed by John Doe, Jack Roe & California Reform Sex Offender Laws. (Related document(s) 6 ) (hph, COURT STAFF) (Filed on 11/7/2012) Modified on 11/7/2012 (hph, COURT STAFF). (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
12

[Proposed] Order Granting re 10 Motion for Class Certification filed by California Reform Sex Offender Laws, John Doe & Jack Roe. (hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
13

CLERK'S NOTICE SCHEDULING TELEPHONIC CONFERENCE as to 6 MOTION for Temporary Restraining Order. Temporary Restraining Order Hearing set for 11/7/2012 01:30 PM in Courtroom 12, 19th Floor, San Francisco before Hon. Thelton E. Henderson. This is a text only docket entry. There is no document associated with this notice. (tmi, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
14

Declaration of Lee Tien in Support of re 10 Motion for Class Certification filed by California Reform Sex Offender Laws, John Doe & Jack Roe. (Related document(s) 10 ) (hph, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
15

Minute Entry: Telephonic Temporary Restraining Order Hearing held on 11/7/2012 before Judge Thelton E. Henderson. Request for Temporary Restraining Order is taken under submission. (Court Reporter: Lydia Zinn) (tmi, COURT STAFF) (Date Filed: 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
16

Declaration of John Doe in Support of 6 MOTION for Temporary Restraining Order OSC and Preliminary Injunction filed byJohn Doe. (Related document(s) 6 ) (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
17

Declaration of Jack Roe in Support of 6 MOTION for Temporary Restraining Order OSC & Preliminary Injunction filed byJohn Doe. (Related document(s) 6 ) (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
18

Declaration of Jack Roe in Support of 6 MOTION for Temporary Restraining Order OSC & Prel. Injunction (Supp Declaration) filed byJohn Doe. (Related document(s) 6 ) (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
19

ADMINISTRATIVE MOTION for Leave to Proceed Anonymously and to File Portions of Declarations Under Seal filed by California Reform Sex Offender Laws, John Doe, Jack Roe. (tn, COURT STAFF) (Filed on 11/7/2012) (Additional attachment(s) added on 11/7/2012: # 1 [Proposed] Order) (tn, COURT STAFF)...Modified on 11/7/2012 (tn, COURT STAFF). (Entered: 11/07/2012)

1 [Proposed] Order

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Nov. 7, 2012

Nov. 7, 2012

RECAP
20

Declaration of Janice Bellucci in Support of 6 MOTION for Temporary Restraining Order OSC & Prel. Inj filed byJohn Doe. (Attachments: # 1 Exhibit)(Related document(s) 6 ) (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

1 Exhibit

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Nov. 7, 2012

Nov. 7, 2012

PACER
21

Declaration of David Post in Support of 6 MOTION for Temporary Restraining Order OSC & Prel. Inj. filed byJohn Doe. (Related document(s) 6 ) (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
22

Declaration of Brian Abbott in Support of 6 MOTION for Temporary Restraining Order OSC & Prel Inj filed byJohn Doe. (Attachments: # 1 Exhibit)(Related document(s) 6 ) (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

1 Exhibit

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Nov. 7, 2012

Nov. 7, 2012

PACER

RECEIVED/LODGED: "FOUR UNDER SEALED DECLARATIONS" in re 19 Administrative MOTION for Leave to Proceed Anonymously and to File Portions of Declarations Under Seal Submitted by California Reform Sex Offender Laws, John Doe, Jack Roe.(tn, COURT STAFF) (Filed on 11/7/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
23

Declaration of David Finkelhor in Support of 6 MOTION for Temporary Restraining Order OSC & Prel. Inj. filed byJohn Doe. (Attachments: # 1 Exhibit)(Related document(s) 6 ) (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

1 Exhibit

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Nov. 7, 2012

Nov. 7, 2012

PACER
24

Declaration of Karl Hanson in Support of 6 MOTION for Temporary Restraining Order OSC & Prel. Inj filed byJohn Doe. (Attachments: # 1 Exhibit)(Related document(s) 6 ) (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

1 Exhibit

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Nov. 7, 2012

Nov. 7, 2012

PACER
25

Supplemental Declaration of "Jack Roe" in Support of re 19 AdministrativeMOTION for Leave to Proceed Anonymously and to File Portions of Declarations Under Seal filed by California Reform Sex Offender Laws, John Doe, Jack Roe.(Related document(s) 19 ) (tn, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
26

Declaration of Charlene Steen in Support of 6 MOTION for Temporary Restraining Order OSC & Prel. Inj. filed byJohn Doe. (Related document(s) 6 ) (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

RECAP
27

Declaration of Janice Bellucci in Support of re 19 AdministrativeMOTION for Leave to Proceed Anonymously and to File Portions of Declarations Under Seal filed by California Reform Sex Offender Laws, John Doe, Jack Roe.(Related document(s) 19 ) (tn, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
28

Declaration of David G. Post in Support of re 19 Administrative MOTION for Leave to Proceed Anonymously and to File Portions of Declarations Under Seal filed by California Reform Sex Offender Laws, John Doe, Jack Roe.(Related document(s) 19 ) (tn, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
29

Declaration of Brian R. Abbott in Support of re 19 Administrative MOTION for Leave to Proceed Anonymously and to File Portions of Declarations Under Seal filed by California Reform Sex Offender Laws, John Doe, Jack Roe. (Related document(s) 19 ) (tn, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
30

Declaration of Charlene Steen in Support of re 19 Administrative MOTION for Leave to Proceed Anonymously and to File Portions of Declarations Under Seal filed by California Reform Sex Offender Laws, John Doe, Jack Roe.(Related document(s) 19 ) (tn, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
31

Declaration of R. Karl Hanson in Support of re 19 Administrative MOTION for Leave to Proceed Anonymously and to File Portions of Declarations Under Seal filed by California Reform Sex Offender Laws, John Doe, Jack Roe.(Related document(s) 19 ) (tn, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
32

Declaration of David Finkelhor in Support of re 19 Administrative MOTION for Leave to Proceed Anonymously and to File Portions of Declarations Under Seal filed by California Reform Sex Offender Laws, John Doe, Jack Roe.(Related document(s) 19 ) (tn, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER

CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF)

Nov. 7, 2012

Nov. 7, 2012

PACER
33

SUMMONS Returned Executed by John Doe. Kamala D. Harris served on 11/7/2012, answer due 11/28/2012. (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
34

CERTIFICATE OF SERVICE by John Doe re 1 Complaint, Motion for TRO, Class Cert and to Proceed Anonymously and Supporting Papers on Defendant HARRIS (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
35

SUMMONS Returned Executed by John Doe. City of Alameda served on 11/7/2012, answer due 11/28/2012. Proof of Service of Complaint, Motion for TRO, Class Cert and to Proceed Anonymously and Supporting Papers (Lye, Linda) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
36

ORDER Signed by The Honorable Thelton E. Henderson granting re 6 Temporary Restraining Order and Order to Show Cause as to Why a Preliminary Injunction Should not Issue. Plaintiffs to file proof of service by 11/08/2012. Oppositions due 11/13/2012. Reply due 11/16/2012. (tehlc3, COURT STAFF) (Filed on 11/7/2012) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

RECAP

Motion Hearing on Plaintiffs' motion for a preliminary injunction set for 11/20/2012 at 10:00 AM in Courtroom 2, 17th Floor, San Francisco before the Hon. Thelton E. Henderson. (tehlc3, COURT STAFF) (Filed on 11/7/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
37

CERTIFICATE OF SERVICE by California Reform Sex Offender Laws, John Doe, Jack Roe (Temporary Restraining Order electronic service) (Risher, Michael) (Filed on 11/8/2012) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER
38

Proposed Order re 19 MOTION for Leave to Proceed Anonymously and to File Portions of Declarations Under Seal by John Doe. (Lye, Linda) (Filed on 11/8/2012) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER
39

CERTIFICATE OF SERVICE by California Reform Sex Offender Laws, John Doe, Jack Roe (Temporary Restraining Order-personal service on state) (Risher, Michael) (Filed on 11/8/2012) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER
40

NOTICE OF MOTION & MOTION to Intervene; Memorandum of Points and Authorities in Support Thereof filed by Daphne Phung, Chris Kelly. Motion Hearing set for 12/17/2012 at 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Responses due by 11/26/2012. Replies due by 12/3/2012. (Prinzing, Margaret) (Filed on 11/12/2012) (Entered: 11/12/2012)

Nov. 12, 2012

Nov. 12, 2012

PACER
41

[Proposed] Order Granting re 40 MOTION to Intervene; Memorandum of Points and Authorities in Support Thereof filed by Chris Kelly, Daphne Phung. (Prinzing, Margaret) (Filed on 11/12/2012) (Entered: 11/12/2012)

Nov. 12, 2012

Nov. 12, 2012

PACER
42

Declaration of Margaret R. Prinzing in Support of re 40 MOTION to Intervene; Memorandum of Points and Authorities in Support Thereof filed by Chris Kelly, Daphne Phung. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 40 ) (Prinzing, Margaret) (Filed on 11/12/2012) (Entered: 11/12/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 12, 2012

Nov. 12, 2012

PACER
43

PROOF OF SERVICE filed by Chris Kelly, Daphne Phung of re 40 Motion to Intervene, re 41 Declaration in Support, re 42 [Proposed] Order (Prinzing, Margaret) (Filed on 11/12/2012) (Entered: 11/12/2012)

Nov. 12, 2012

Nov. 12, 2012

PACER
44

RESPONSE to (re 19 Administrative MOTION for Leave to Proceed Anonymously and to File Portions of Declarations Under Seal) filed by Chris Kelly, Daphne Phung. (Harrison, James) (Filed on 11/13/2012) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
45

STIPULATION and [PROPOSED] ORDER Re 36 Extension of Temporary Restratining Order & Briefing & Hearing Schedule Regarding Plaintiffs' Motion for Preliminary Injunction filed by Kamala D. Harris, John Doe, Jack Roe, California Reform Sex Offender Laws. (Attachments: #(1) [Proposed] Order, #(2) Certificate/Proof of Service)(Wilson, Robert) (Filed on 11/13/2012) (Entered: 11/13/2012)

1 Proposed Order

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2 Certificate/Proof of Service

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Nov. 13, 2012

Nov. 13, 2012

PACER
46

PROOF OF SERVICE filed by Chris Kelly, Daphne Phung (Harrison, James) (Filed on 11/13/2012) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
47

STIPULATION and [PROPOSED] ORDER re: Extending time for City of Alameda to Respond to Complaint and re: City's desire not to participate in litigation over plaintiffs' motions for preliminary injunction, to proceed anonymously, for partial sealing, and for provisional class certification filed by California Reform Sex Offender Laws, John Doe, Jack Roe. (Attachments: #(1) Certificate/Proof of Service)(Risher, Michael) (Filed on 11/14/2012) (Entered: 11/14/2012)

1 Certificate/Proof of Service

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Nov. 14, 2012

Nov. 14, 2012

PACER
48

STIPULATION AND ORDER re Extension of Temporary Restraining Order and Briefing and Hearing Schedule for Plaintiffs' Motion for a Preliminary Injunction re 45 . Responses due by 11/26/2012. Replies due by 12/3/2012. Motion Hearing set for 12/17/2012 10:00 AM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 11/14/2012. (tmi, COURT STAFF) (Filed on 11/14/2012) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

RECAP

Set/Reset Deadlines as to 40 MOTION to Intervene ; Memorandum of Points and Authorities in Support Thereof. Responses due by 11/26/2012. Replies due by 12/3/2012. Motion Hearing set for 12/17/2012 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. (tmi, COURT STAFF) (Filed on 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER
49

ORDER Signed by Judge Thelton E. Henderson Granting in Part re 19 Plaintiffs' Motion for leave to proceed anonymously and to file declarations under seal. (tehlc1, COURT STAFF) (Filed on 11/15/2012) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

RECAP
50

ORDER Allowing Filing Under Seal re: order 49 . Signed by Judge Thelton E. Henderson on 11/15/12. This is a text-only docket entry; there is no document attached.(tehlc1, COURT STAFF) (Filed on 11/15/2012) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
51

DOCUMENT E-FILED UNDER SEAL re 50 Order Granting Motion to File Under Seal Decl of John Doe ISO TRO & PI by John Doe. (Lye, Linda) (Filed on 11/16/2012) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER
52

DOCUMENT E-FILED UNDER SEAL re 50 Order Granting Motion to File Under Seal Decl of Jack Roe ISO TRO & PI by Jack Roe. (Lye, Linda) (Filed on 11/16/2012) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER
53

RESPONSE to (re 40 MOTION to Intervene; Memorandum of Points and Authorities in Support Thereof) filed by John Doe, Jack Roe. (Attachments: #(1) Declaration of Hanni M. Fakhoury)(Fakhoury, Hanni) (Filed on 11/26/2012) (Entered: 11/26/2012)

1 Declaration of Hanni M. Fakhoury

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Nov. 26, 2012

Nov. 26, 2012

PACER
54

RESPONSE to (re 6 Ex-parte Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue; Memorandum of Points and Authorities in Support Thereof) -Opposition to Preliminary Injunction Motion- filed by Kamala D. Harris. (Attachments: #(1) Declaration, #(2) Declaration, #(3) Supplement, #(4) Certificate/Proof of Service)(Wilson, Robert) (Filed on 11/26/2012) (Entered: 11/26/2012)

1 Declaration

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2 Declaration

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3 Supplement

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4 Certificate/Proof of Service

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Nov. 26, 2012

Nov. 26, 2012

RECAP
55

RESPONSE to (re 6 Ex-parte Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue; Memorandum of Points and Authorities in Support Thereof) -Proposed Interveners' Opposition to Motion for Preliminary Injunction- filed by Chris Kelly & Daphne Phung. (Harrison, James) (Filed on 11/26/2012) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
56

Declaration of Sharmin Bock in Support of re 55 Opposition/Response to Motion for Preliminary Injunction filed by Chris Kelly & Daphne Phung. (Related document(s) 55 ) (Harrison, James) (Filed on 11/26/2012) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
57

Request for Judicial Notice in Support of re 55 Opposition/Response to Motion for for Preliminary Injunction; Declaration of Brian Metzker filed by Chris Kelly, Daphne Phung. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 55 ) (Harrison, James) (Filed on 11/26/2012) (Entered: 11/26/2012)

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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Nov. 26, 2012

Nov. 26, 2012

PACER
58

Interveners' Joinder in Defendant Harris' Objections to the Declaration of David G. Post filed filed by Chris Kelly & Daphne Phung. (Harrison, James) (Filed on 11/26/2012) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

RECAP
59

CERTIFICATE OF SERVICE filed by Chris Kelly & Daphne Phung of [Opposition to Preliminary Injunction Motion and Related Documents] (Harrison, James) (Filed on 11/26/2012) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
60

ANSWER to Complaintfor Declaratory and Injunctive Relief filed by Kamala D. Harris. (Attachments: #(1) Certificate/Proof of Service)(Wilson, Robert) (Filed on 11/28/2012) (Entered: 11/28/2012)

1 Certificate/Proof of Service

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Nov. 28, 2012

Nov. 28, 2012

PACER
61

STIPULATED ADMINISTRATIVE MOTION Regarding Page Limitation for Plaintiffs' Reply filed by California Reform Sex Offender Laws, John Doe, Jack Roe. (Attachments: #(1) Stipulation and [Proposed] Order) (Risher, Michael) (Filed on 11/30/2012) (Entered: 11/30/2012)

1 Proposed Order Stipulation and Proposed Order

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Nov. 30, 2012

Nov. 30, 2012

PACER
62

STIPULATION AND ORDER Regarding Page Limitation for Plaintiffs' Reply re 61 . Signed by Judge Thelton E. Henderson on 12/03/2012. (tmi, COURT STAFF) (Filed on 12/3/2012) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

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63

REPLY in Support of (re 40 MOTION to Intervene; Memorandum of Points and Authorities in Support Thereof) filed by Chris Kelly, Daphne Phung. (Prinzing, Margaret) (Filed on 12/3/2012) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
64

Declaration of James C. Harrison in Support of re 40 MOTION to Intervene; Memorandum of Points and Authorities in Support Thereof filed by Chris Kelly, Daphne Phung. (Attachments: #(1) Exhibit 1)(Related document(s) 40 ) (Prinzing, Margaret) (Filed on 12/3/2012) (Entered: 12/03/2012)

1 Exhibit 1

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Dec. 3, 2012

Dec. 3, 2012

PACER
65

Plaintiffs' Reply In Support Of re 6 Motion for Preliminary Injunction filed by California Reform Sex Offender Laws, John Doe, Jack Roe. (Related document(s) 6 ) (Risher, Michael) (Filed on 12/3/2012) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
66

OBJECTIONS to Evidence & Response to Defendants' & Proponents' Objections to Evidence, re 54 Opposition/Response to Motion, to the Declaration of David G. Post filed by California Reform Sex Offender Laws, John Doe, Jack Roe. (Fakhoury, Hanni) (Filed on 12/3/2012) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
67

Declaration of Hanni Fakhoury in Support of re 65 Plaintiffs' Reply in Support of Motion for Preliminary Injunction and re 66 Plaintiffs' Objections to Evidence filed by California Reform Sex Offender Laws, John Doe, Jack Roe. (Attachments: #(1) Exhibit 1, #(2) Exhibit 2, #(3) Exhibit 3, #(4) Exhibit 4, #(5) Exhibit 5, #(6) Exhibit 6) (Related document(s) 66, 65 ) (Fakhoury, Hanni) (Filed on 12/3/2012) (Entered: 12/03/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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Dec. 3, 2012

Dec. 3, 2012

PACER
68

Administrative MOTION to Submit Notice of Grant of Certiorari and Clarifying Evidence filed by California Reform Sex Offender Laws, John Doe, Jack Roe. (Risher, Michael) (Filed on 12/11/2012) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

PACER
69

Declaration of Michael T. Risher in Support of re 68 Administrative MOTION to Submit Notice of Grant of Certiorari and Clarifying Evidence filed by California Reform Sex Offender Laws, John Doe, Jack Roe. (Attachments: #(1) Exhibit A, #(2) Exhibit B)(Related document(s) 68 ) (Risher, Michael) (Filed on 12/11/2012) (Entered: 12/11/2012)

1 Exhibit A

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2 Exhibit B

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Dec. 11, 2012

Dec. 11, 2012

PACER
70

[Proposed] Order Granting re 68 Administrative MOTION to Submit Notice of Grant of Certiorari and Clarifying Evidence -- [Proposed] Order filed by California Reform Sex Offender Laws, John Doe, Jack Roe. (Risher, Michael) (Filed on 12/12/2012) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
71

ORDER with questions for counsel for December 17 Hearing. Signed by Judge Thelton E. Henderson on 12/13/2012. (tehlc2, COURT STAFF) (Filed on 12/13/2012) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

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72

Minute Entry: Motion Hearing held on 12/17/2012 before Judge Thelton E. Henderson. Motions are taken under submission. (Court Reporter: Christine Triska) (tmi, COURT STAFF) (Date Filed: 12/17/2012) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

PACER
73

ORDER Signed by The Honorable Thelton E. Henderson granting re 68 Administrative Motion to submit notice of grant of certiorari and clarifying evidence. (tmi, COURT STAFF) (Filed on 12/19/2012) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
74

Transcript of Proceedings held on December 17, 2012, before Judge Thelton E. Henderson. Court Reporter/Transcriber Christine A. Triska, Telephone number (650)743-8425; christinetriska@sbcglobal.net. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 3/29/2013. (cat, COURT STAFF) (Filed on 12/29/2012) (Entered: 12/29/2012)

Dec. 29, 2012

Dec. 29, 2012

RECAP
75

Order to Pro Tem Reporter to Produce Transcript. Signed by Judge Thelton E. Henderson on 12/21/12. (tehlc1, COURT STAFF) (Filed on 1/2/2013) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

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76

*** FILED IN ERROR. PLEASE SEE DOCKET # 77 *** ORDER by Judge Thelton E. Henderson granting 40 Motion to Intervene. (tehlc2, COURT STAFF) (Filed on 1/10/2013) Modified on 1/10/2013 (tmi, COURT STAFF). (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

RECAP
77

CORRECTION OF DOCKET # 76 . ORDER by Judge Thelton E. Henderson granting 40 Motion to Intervene. (tmi, COURT STAFF) (Filed on 1/10/2013) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

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78

ORDER granting re 6 Plaintiffs' motion for a preliminary injunction. Signed by Judge Thelton E. Henderson on 01/11/13. (tehlc3, COURT STAFF) (Filed on 1/11/2013) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

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79

STIPULATION AND ORDER extending time for City of Alameda to respond to Complaint and re: City's desire not to participate in litigation over plaintiffs' motions for preliminary injunction, to proceed anonymously, for partial sealing, and for provisional class certification. Signed by Judge Thelton E. Henderson on 01/16/2013. (tmi, COURT STAFF) (Filed on 1/16/2013) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

RECAP
80

Interveners' ANSWER to Complaint filed by Chris Kelly, Daphne Phung. (Prinzing, Margaret) (Filed on 1/17/2013) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
81

CERTIFICATE OF SERVICE by Chris Kelly, Daphne Phung re 80 Answer to Complaint (Prinzing, Margaret) (Filed on 1/17/2013) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
82

Certification of Interested Entities or Persons filed by Chris Kelly, Daphne Phung (Prinzing, Margaret) (Filed on 1/17/2013) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

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83

CERTIFICATE OF SERVICE by Chris Kelly, Daphne Phung re 82 Certificate of Interested Entities (Prinzing, Margaret) (Filed on 1/17/2013) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
84

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Pltfs Doe, Roe and Calif Reform (Lye, Linda) (Filed on 1/22/2013) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

RECAP
85

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Lye, Linda) (Filed on 1/22/2013) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

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86

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Prinzing, Margaret) (Filed on 1/22/2013) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
87

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wilson, Robert) (Filed on 1/22/2013) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
88

PLAINTIFFS' NOTICE OF DISMISSAL OF DEFENDANT CITY OF ALAMEDA filed by John Doe (Risher, Michael) (Filed on 1/25/2013) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

PACER
89

Declaration of Linda Schweig re Notice of Preliminary Injunction to California Law Enforcement Agencies re 78 filed by Kamala D. Harris. (Attachments: #(1) Certificate/Proof of Service)(Wilson, Robert) (Filed on 1/28/2013) (Entered: 01/28/2013)

1 Certificate/Proof of Service

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Jan. 28, 2013

Jan. 28, 2013

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90

ADR Clerk Notice Setting ADR Phone Conference on 2/6/13 at 10:00 a.m. Pacific. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (sgd, COURT STAFF) (Filed on 1/29/2013) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

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91

Stipulation and [Proposed] Order Continuing Intitial Case Management Conference filed by John Doe, Kamala D. Harris. (Risher, Michael) (Filed on 1/31/2013) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
92

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Conference set for 3/4/2013 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 02/04/2013. (tmi, COURT STAFF) (Filed on 2/4/2013) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

RECAP

ADR Remark: ADR Phone Conference held by GDB on 2/6/13. (sgd, COURT STAFF) (Filed on 2/6/2013)

Feb. 6, 2013

Feb. 6, 2013

PACER
93

NOTICE OF PRELIMINARY INJUNCTION APPEAL to the United States Court of Appeals for the Ninth Circuit filed by Intervenors Chris Kelly, Daphne Phung. [Appeal Fee of $455.00 Paid, receipt number 0971-7473257] (Prinzing, Margaret) (Filed on 2/11/2013) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
94

[DOCKETED IN ERROR...PLS. DISREGARD...REFER TO DOCUMENT NUMBER re 95 ]...NOTICE OF APPEAL to the Federal Circuit as to 78 Order by Kamala D. Harris. Filing fee $ 455, receipt number 0971-7473511. Preliminary Injunction Appeal Appeal Record due by 2/11/2013. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Certificate/Proof of Service Certificate of Service)(Wilson, Robert) (Filed on 2/11/2013)...Modified on 2/11/2013 (tn, COURT STAFF). (Entered: 02/11/2013)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Certificate/Proof of Service Certificate of Service

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Feb. 11, 2013

Feb. 11, 2013

PACER
95

NOTICE OF PRELIMINARY INJUNCTION APPEAL filed by Defendant Kamala D. Harris as to re 78 Order Granting Plaintiffs' Motion for a Preliminary Injunction -Preliminary Injunction Appeal, [Appeal Fee of $455.00 Paid, receipt number 0971-7473511] (Amended to change docket text from Notice of Appeal to the Federal Circuit to Notice of Appeal to the United States court of Appeals for the Ninth Circuit). (Attachments: #(1) Exhibit Exhibit A, #(2) Exhibit Exhibit B, #(3) Certificate/Proof of Service Certificate of Service)(Wilson, Robert) (Filed on 2/11/2013) (Entered: 02/11/2013)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Certificate/Proof of Service Certificate of Service

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Feb. 11, 2013

Feb. 11, 2013

PACER

Case Details

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 7, 2012

Closing Date: Jan. 11, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

(1) Convicted sex offenders required to register under California Penal Code § 290 to provide the police with their Internet identifiers and service providers and (2) California Reform Sex Offender Laws, a non-profit organization with the mission of protecting the rights of those accused or convicted of sex crimes.

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: Yes

Class Action Outcome: Pending

Defendants

State of California, State

Two private citizens, Private Entity/Person

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Ex Post Facto

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: 522611.07

Order Duration: 2012 - 2016

Content of Injunction:

Preliminary relief granted

Issues

General:

Confidentiality

Sex offender regulation

Website

Discrimination-area:

Disparate Treatment