Case 2:11-cv-08083-SJO-FFM Document 199 Filed 06/14/16 Page 1 of 3 Page ID #:9711
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`JS-6
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`Rachel Matteo-Boehm (SBN 195492)
`rachel.matteo-boehm@bryancave.com
`Roger Myers (SBN 1461640)
`roger.myers@bryancave.com
`Jonathan G. Fetterly (SBN 228612)
`jon.fetterly@bryancave.com
`Leila C. Knox (SBN 245999)
`leila.knox@bryancave.com
`BRYAN CAVE LLP
`560 Mission Street, Suite 2500
`San Francisco, CA 94105-2994
`Telephone: (415) 675-3400
`Facsimile: (415) 675-3434
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`Attorneys for Plaintiff
`COURTHOUSE NEWS SERVICE
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
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`Case No. CV11-08083 SJO (FFMx)
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`JUDGMENT FOR
`DECLARATORY RELIEF AND
`PERMANENT INJUNCTION
`IN FAVOR OF PLAINTIFF
`COURTHOUSE NEWS SERVICE
`AND AGAINST DEFENDANT
`MICHAEL PLANET
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`Courthouse News Service,
`Plaintiff,
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`vs.
`Michael Planet, in his official capacity
`as Court Executive Officer/Clerk of the
`Ventura County Superior Court,
`Defendant.
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`This action came before the Court on the Amended Complaint of Plaintiff
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`Courthouse News Service (“CNS”) for Injunctive and Declaratory Relief under 42
`U.S.C. § 1983 and the First and Fourteenth Amendments to the U.S. Constitution
`against Defendant Michael Planet, in his official capacity as Court Executive Officer
`and Clerk of the Superior Court in and for the County of Ventura, California.
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`[PROPOSED] JUDGMENT IN FAVOR OF PLAINTIFF CNS
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`SAN FRANCISCO, CA 94105-2994
`560 MISSION STREET, 25TH FLOOR
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`BRYAN CAVE LLP
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`Case 2:11-cv-08083-SJO-FFM Document 199 Filed 06/14/16 Page 2 of 3 Page ID #:9712
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`The Court having entered an Order on May 26, 2016, Granting in Part and
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`Denying in Part CNS’s Motion for Summary Judgment, and Denying Defendant’s
`Motion for Summary Judgment, it is hereby ORDERED, ADJUDGED and
`DECREED that, pursuant to Federal Rule of Civil Procedure 58, Judgment be
`entered in this action for Plaintiff CNS and against Defendant Planet as follows:
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`1.
` On CNS’s Prayer for Declaratory Relief, it is ORDERED,
`ADJUDGED and DECREED that:
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`a.
`There is a qualified First Amendment right of timely access to
`newly filed civil complaints, including their associated exhibits.
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`b.
`This qualified right of timely access attaches when new
`complaints are received by a court, rather than after they are “processed” -- i.e.,
`rather than after the performance of administrative tasks that follow the court’s
`receipt of a new complaint.
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`c.
`This qualified right of timely access attaches on receipt
`regardless of whether courts use paper filing or e-filing systems.
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`d.
`Planet’s policy prior to June 18, 2014 of requiring that newly
`filed complaints and their associated exhibits be “processed” prior to providing the
`press and public with access to those complaints violates CNS’s qualified First
`Amendment right of timely access to newly filed complaints and their associated
`exhibits because, for the reasons stated in this Court’s May 26 Order, Planet has not
`met his burden of proving that this policy is essential to preserve higher values and
`narrowly tailored to serve that interest, as required to overcome CNS’s qualified
`First Amendment right of access, or that this policy constitutes a reasonable time,
`place and manner restriction.
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`e.
`Planet’s June 18, 2014 scanning policy also violates CNS’s
`qualified First Amendment right of timely access to newly filed complaints and their
`associated exhibits because, for the reasons stated in this Court’s May 26 Order,
`Planet has not met his burden of proving that this policy is essential to preserve
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`[PROPOSED] JUDGMENT IN FAVOR OF PLAINTIFF CNS
`280189.1
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`Case No. CV11-08083 SJO (FFMx)
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`SAN FRANCISCO, CA 94105-2994
`560 MISSION STREET, 25TH FLOOR
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`BRYAN CAVE LLP
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`Case 2:11-cv-08083-SJO-FFM Document 199 Filed 06/14/16 Page 3 of 3 Page ID #:9713
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`higher values and narrowly tailored to serve that interest, or that this policy
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`constitutes a reasonable time, place and manner restriction.
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`2.
` On CNS’s Prayer for Injunctive Relief, it is ORDERED, ADJUDGED
`and DECREED that Planet is hereby permanently enjoined from refusing to make
`newly filed unlimited civil complaints and their associated exhibits available to the
`public and press until after such complaints and associated exhibits are “processed,”
`regardless of whether such complaints are filed in paper form or e-filed, and is
`further directed to make such complaints and exhibits accessible to the public and
`press in a timely manner from the moment they are received by the court, regardless
`of whether such complaints are scanned, e-filed, or made available in any other
`format, except in those instances where the filing party has properly moved to place
`the complaint under seal.
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`3.
`On CNS’s Prayer for Costs and Attorneys’ Fees, it is ORDERED,
`ADJUDGED and DECREED that CNS is the prevailing party in this action.
`Pursuant to Federal Rule of Civil Procedure 54(d), CNS is awarded its costs in an
`amount to be determined pursuant to the procedures specified in Local Rules 54-1 et
`seq. Pursuant to 42 U.S.C. § 1988, CNS is further awarded its costs and attorneys’
`fees in an amount to be determined on noticed motion pursuant to Federal Rule of
`Civil Procedure 54(d)(2) and Local Rules 54-10 and 54-11, which shall be filed
`within 60 days of the date of entry of this judgment.
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`6/14/16
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`_____________________________
`S. James Otero
`Judge of the U.S. District Court
`Central District of California
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`Dated:
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`3
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`[PROPOSED] JUDGMENT IN FAVOR OF PLAINTIFF CNS
`280189.1
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`Case No. CV11-08083 SJO (FFMx)
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`1 2 3 4 5 6 7 8 9
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`10
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`21
`22
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`SAN FRANCISCO, CA 94105-2994
`560 MISSION STREET, 25TH FLOOR
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`BRYAN CAVE LLP