Table of Contents
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Case: 13-16918, 05/30/2014, ID: 9114889, Dktentry: 78-1, Page 1 of 64
Case: 13-16918, 05/30/2014, ID: 9114889, DktEntry: 78-1, Page 1 of 64 Case No. 13-16819 (Consolidated with Nos. 13-16918, 13-16919, 13-16929, 13-16936, 13-17028, 13-17097) IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ANGEL FRALEY, ET AL., Plaintiffs and Appellees, C.M.D., ET AL., Intervenors, Plaintiffs, and Appellees, JO BATMAN, ET AL., Objectors and Appellants v. FACEBOOK, INC., Defendant and Appellee. Appeal from the United States District Court for the Northern District of California No. 11-cv-0126, Hon. Richard Seeborg, presiding ANSWERING BRIEF OF PLAINTIFFS-APPELLEES SUSAN MAINZER, ET AL. THE ARNS LAW FIRM JONATHAN JAFFE LAW Robert S. Arns (SBN 65071) Jonathan M. Jaffe, Esq. (SBN 267012) 3055 Hillegass Avenue Jonathan E. Davis (SBN 191346) Berkeley, CA 94705 Steven R. Weinmann (SBN 190956) Telephone: (510) 725-4293 515 Folsom Street, 3rd Floor San Francisco, CA 94105 Telephone: (415) 495-7800 Facsimile: (415) 495-7888 Attorneys for Plaintiffs Case: 13-16918, 05/30/2014, ID: 9114889, DktEntry: 78-1, Page 2 of 64 TABLE OF CONTENTS I. JURISDICTIONAL STATEMENT ............................................................. 1 II. INTRODUCTION ........................................................................................ 1 III. SUMMARY OF THE ARGUMENT ........................................................... 7 IV. STATEMENT OF FACTS AND PROCEDURAL HISTORY ................. 10 A. Background ................................................................................................. 10 B. Settlement Negotiations -
Civil-Izing Federalism
Seattle University School of Law Digital Commons Faculty Scholarship 1-1-2015 Civil-izing Federalism Brooke Coleman Follow this and additional works at: https://digitalcommons.law.seattleu.edu/faculty Part of the Civil Procedure Commons, and the Courts Commons Recommended Citation Brooke Coleman, Civil-izing Federalism, 89 TUL. L. REV. 307 (2015). https://digitalcommons.law.seattleu.edu/faculty/655 This Article is brought to you for free and open access by Seattle University School of Law Digital Commons. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Seattle University School of Law Digital Commons. For more information, please contact [email protected]. TULANE LAW REVIEW VOL. 89 DECEMBER 2014 No. 2 Civil-izing Federalism Brooke D. Coleman* When ChiefJustice Roberts and JusticeAlto jouied the United States Supieme Court most commentators predictedit would become mom conservative. Indeed many believed that the rhnvigorated federalism revolution under Chief Justice Rehnquist would if anything, become more robust under the new chief To a large degree, those commentators were ight; the Court has decided numerous hotly contested fedealism cases along predictable ideological lines But there are some important counterexamples in the Courth federalism junsprudence In a list of casesabout access to plaintiff-friendly state courts, the Justicesseem to abandon their federalismpincples Instead the liberal wing of the Court generally votes in favor of robust states' nghts, while the conservative wing votes to inpose defendant-friendly federal rules in civ litigationor to requireplainatiffs toproceedinrelatively hostile federal courts. This Article is the list to focus on the Roberts Courth treatment of federalism h civil procedure cases and the consequences for private civil litigation. -
Amir, Croatian President Exchange Honorary Orders Iran
SUBSCRIPTION MONDAY, FEBRUARY 6, 2017 JAMADA ALAWWAL 9, 1438 AH www.kuwaittimes.net Amir, Croatian Days of Iran volleyball Jesus saves president heavy snow pioneers City with exchange kill 54 in shrug off last-gasp honorary2 orders Afghanistan11 hijab16 taunts winner19 Assembly to hold debate Min 01º Max 16º on Khor Abdullah issue High Tide 07:55 & 18:35 Ghanem: Some grillings politically motivated Low Tide 12:48 & 12:48 40 PAGES NO: 17133 150 FILS By B Izzak and A Saleh ‘Indomitable Lions’ crowned Africa kings KUWAIT: Speaker Marzouq Al-Ghanem yesterday said that he will invite the government to brief the National Assembly in a closed debate on Feb 14 on the shared Khor Abdullah waterway with Iraq. The issue of the nar- row estuary has become an issue in Iraq, leading to demonstrations in the southern city of Basra, with a number of Iraqi parliamentarians accusing Kuwait of taking part of Iraqi territorial waters. Kuwaiti and Iraqi land and maritime borders were demarcated under the UN Security Council resolution 833 issued in 1993 when former Iraqi leader Saddam Hussein was still in power. Land borders were demarcat- ed in a simple way, but it took the two countries until 2012 to demarcate the maritime borders in Khor Abdullah, which faces the Kuwaiti islands of Warba and Boubyan, where the Mubarak Al-Kabeer container har- bor is being built. A number of MPs strongly demanded government action in response to what they described as Iraqi provocations concerning Khor Abdullah. “Iraqi MPs statements in this regard are irresponsible because Kuwaiti-Iraqi borders are governed by UN resolutions. -
Document, Respond to a Single Interrogatory Or Request for Admission, Or Sit for a Single Deposition.4
No. 18A-65 IN THE SUPREME COURT OF THE UNITED STATES UNITED STATES OF AMERICA, ET AL., APPLICANTS, v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON and KELSEY CASCADIA ROSE JULIANA, et al., RESPONDENTS RESPONSE BRIEF OF RESPONDENTS JULIANA, ET AL., TO APPLICATION FOR A STAY PENDING DISPOSITION BY THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT OF A PETITION FOR A WRIT OF MANDAMUS TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON AND ANY FURTHER PROCEEDINGS IN THIS COURT AND REQUEST FOR AN ADMINISTRATIVE STAY Julia A. Olson Philip L. Gregory Counsel of Record (CSB No. 95217) (OSB No. 062230, CSB No. 192642) GREGORY LAW GROUP WILD EARTH ADVOCATES 1250 Godetia Drive 1216 Lincoln St. Redwood City, CA 94062 Eugene, OR 97401 Tel: (650) 278-2957 Telephone: (415) 786-4825 Andrea K. Rodgers (WSB No. 38683, OSB No. 041029) LAW OFFICES OF ANDREA K. RODGERS 3026 NW Esplanade Seattle, WA 98117 Tel: (206) 696-2851 Attorneys for Respondents CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 29.6 of the Rules of the Supreme Court of the United States, Real Parties in Interest Earth Guardians states that it does not have a parent corporation and that no publicly-held companies hold 10% or more of its stock. i TABLE OF CONTENTS Page CORPORATE DISCLOSURE STATEMENT ................................................................. i TABLE OF CONTENTS ................................................................................................ ii TABLE OF CITED AUTHORITIES ............................................................................ -
Case: 12-17681 01/31/2014 ID: 8961191 Dktentry: 129 Page: 1 of 18
Case: 12-17681 01/31/2014 ID: 8961191 DktEntry: 129 Page: 1 of 18 CASE NO. 12-17681 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DAVID PICKUP, CHRISTOPHER H. ROSIK, PH.D., JOSEPH NICOLOSI, PH.D,ROBERT VAZZO, NATIONAL ASSOCIATION FOR RESEARCH AND THERAPY OF HOMOSEXUALITY (NARTH), AMERICAN ASSOCIATION OF CHRISTIAN COUNSELORS (AACC), JOHN DOE 1, by and through JACK AND JANE DOE 1, JACK DOE 1, individually, and JANE DOE 1, individually, JOHN DOE 2, by and through JACK AND JANE DOE 2, JACK DOE 2, individually, and JANE DOE 2, individually, Plaintiffs-Appellants, v. EDMUND G. BROWN, Jr. Governor of the State of California, in his official capacity; ANNA M. CABALLERO, Secretary of the State and Consumer Services Agency of the State of California, in her official capacity, KIM MADSEN, Executive Officer of the California Board of Behavioral Sciences, in her official capacity; MICHAEL ERICKSON, PH.D, President of the California Board of Psychology, in his official capacity; SHARON LEVINE, President of the Medical Board of California, in her official capacity, Defendants-Appellees, and EQUALITY CALIFORNIA, Intervenor-Defendant-Appellee. PRELIMINARY INJUNCTION APPEAL (9TH CIRCUIT RULE 3-3) On Appeal from the Eastern District of California Case No. 2:12-cv-02497-KJM-EFB Honorable Kimberly J. Mueller ______________________________________________________________ PLAINTIFFS-APPELLANTS’ MOTION TO STAY THE MANDATE PENDING RESOLUTION OF PETITION FOR CERTIORARI Mathew D. Staver (Lead Counsel) Stephen M. Crampton Anita L. Staver Mary E. McAlister LIBERTY COUNSEL Daniel J. Schmid 1055 Maitland Ctr. Cmmns 2d Floor LIBERTY COUNSEL Maitland, FL 32751-7214 P.O. Box 11108 Tel. -
Exhibit 4 Case 5:18-Cv-06164-EJD Document 88-4 Filed 09/28/20 Page 2 of 11
Case 5:18-cv-06164-EJD Document 88-4 Filed 09/28/20 Page 1 of 11 Exhibit 4 Case 5:18-cv-06164-EJD Document 88-4 Filed 09/28/20 Page 2 of 11 All dollar amounts are in millions Primary Cross-Check % of Common Multiplier Case Name Cite Judge Fee Order Date Case Type Fee $ Approved Calculation Common Fund $ Lodestar $ Method Fund Approved Approved Method Craft v. Cty. of San 1 Bernardino,, 1124 624 F. Supp. 2d 1113 Stephen G. Larson April 1, 2008 Civil Rights $ 6.375 CF Lodestar $ 25.648 25% $ 1.200 5.20 2 Kurihara v. Best Buy Co. 2010 WL 11575623 Marilyn Hall Patel April 1, 2010 Wage & Hour $ 0.898 Lodestar $ 5.000 6% $ 0.718 1.25 Garner v. State Farm Breach od 3 Mut. Auto. Ins. Co. 2010 WL 1687829 Claudia Wilken April 22, 2010 Contract $ 4.500 CF Lodestar $ 15.000 30% <2 4 Briggs v. United States 2010 WL 1759457 William Alsup April 30, 2010 debt collection $ 1.120 Lodestar $ 7.400 $ 1.119 1.00 Privay/Data 5 Lane v. Facebook, Inc. 2010 WL 2076916 Richard Seeborg May 24, 2010 Breach $ 2.322 Lodestar $ 9.510 24% $ 1.161 2.00 6 In re LDK Solar Sec. Litig. 2010 WL 3001384 William Alsup July 29, 2010 Securities $ 16.000 $ 16.000 13.75% $ 7.600 0.29 In re WAL–MART STORES, INC. WAGE AND 7 HOUR LITIGATION 2011 WL 31266 Saundra Brown Armstrong January 5, 2011 Wage & Hour $ 23.220 CF Lodestar $86-$43 27% of ceiling ~$16.6 1.40 Chu v. -
Attorneys for Defendants-Appellees
AFFIDAVIT OF SERVICE SUPREME COURT OF THE UNITED STATES No. 18- ------------------------------------------------------------------------------------------)( DAYID PICKUP, CHRISTOPHER H. ROSIK, PH.D., et. al. Petitioners, V. GA VIN NEWSOM, Governor of the State of California, in his official capacity, et. al. Respondents, and EQUALITY CALIFORNIA, Intervenor-Respondents. ------------------------------------------------------------------------------------------)( STATE OF NEW YORK ) COUNTY OF NEW YORK ) I, Noel Reyes, being duly sworn according to law and being over the age of 18, upon my oath depose and say that: I am retained by Counsel of Record for Petitioner. That on the 2151 day of March, 20 19, I served the within Petition.for a Writ of Certiorari in the above-captioned matter upon: Attorneys for Defendants-Appellees: XAVIER BECERRA TAMAR PACHTER PAUL STEIN ALEXANDRA ROBERT GORDON DANIEL POWELL 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5740 Fax: (415) 703-1234 E-mail: [email protected] [email protected] [email protected] Attorneys for Defendant-Intervenor Equality California: DAYID C. DINIELLI [email protected] LIKA C. MIYAKE [email protected] BRAM ALDEN [email protected] MUNGER, TOLLES & OLSON LLP 355 South Grand Ave, 35th Floor Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 MICHELLE FRIEDLAND [email protected] MUNGER, TOLLES & OLSON LLP 560 Mission St, 27th Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 SHANNON MINTER [email protected] CHRISTOPHER STOLL [email protected] NATIONAL CENTER FOR LESBIAN RIGHTS 870 Market Street, Suite 360 San Francisco, CA 94102 Telephone: (415) 392-6257 Facsimile: (415) 392-8442 by depositing three copies of same, addressed to each individual respectively, and enclosed in a post-paid, properly addressed wrapper, in an official depository maintained by the United States Postal Service, via Express Mail. -
Ross E. Davies, the Last Word, 11 J. App. Prac. and Proc. ___ (2011)
THE LAST WORD Ross E. Davies, Professor, George Mason University School of Law Appellate Practice and Process, Forthcoming George Mason University Law and Economics Research Paper Series 10-15 This paper can be downloaded without charge from the Social Science Research Network at http://ssrn.com/abstract_id=1566468 THE LAST WORD Ross E. Davies† Confidence in the competence of the Court has not been won by the presence of an occasional man of genius. Felix Frankfurter & James Landis1 Once in a great while a member of the Supreme Court of the United States tries to get the last word. “Last word,” that is, in an official sense – a late-breaking opinion issued by a Justice acting as a Justice. Not in- formal last words such as anonymous stabs at colleagues via the press,2 or extemporaneous ejaculations from the bench,3 or post-retirement disclosure of changes of heart.4 Official, juridical attempts to get the last word come in two forms: (1) the surprise opinion, meaning a separate opinion (a concurrence or dissent) issued by a Justice without reasonable notice to the other Justices, after they have publicly committed themselves to a disposition of the case that does not, of course, account for the late-breaking opinion, and (2) the surprise revision, meaning a Justice’s significant alteration of an opinion after other Justices have publicly committed themselves, presumably at least in part in reliance on the original version. As a practical matter, Justices who want the last word can always get it, because there is no stopping them from opining on whatever they want, whenever they want, even in an official capacity.5 But as an † Professor of law, George Mason University School of Law; editor-in-chief, the Green Bag. -
Motion for Final Approval of Class Action Settlement Case No
Case 8:18-cv-01548-DOC-ADS Document 163 Filed 07/02/21 Page 1 of 16 Page ID #:20213 1 Julian Burns King (Bar No. 298617) [email protected] 2 Elliot J. Siegel (Bar No. 286798) 3 [email protected] KING & SIEGEL LLP 4 724 S. Spring Street, Ste. 201 5 Los Angeles, California 90014 Telephone: (213) 465-4802 6 Facsimile: (213) 465-4803 7 8 Daniel Hutchinson (Bar No. 239458) [email protected] 9 Lin Y. Chan (Bar No. 255027) 10 [email protected] LIEFF CABRASER HEIMANN & 11 BERNSTEIN, LLP 12 275 Battery Street, 29th Floor San Francisco, California 94111 13 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 14 Attorneys for Plaintiffs and the Settlement Class 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 Marcie Le and Karen Dao, individu- Case No. 8:18-cv-01548-DOC (ADSx) ally and on behalf of all others similarly 19 Hon. David O. Carter situated, 20 Special Master Hon. Jay C. Gandhi (Ret.) Plaintiffs, 21 v. PLAINTIFFS’ NOTICE OF 22 Walgreen Co., an Illinois corporation; MOTION AND MEMORANDUM IN SUPPORT OF MOTION FOR 23 Walgreen Pharmacy Services Mid- west, LLC, an Illinois limited liability FINAL APPROVAL OF CLASS 24 company; and Walgreens Boots Alli- ACTION SETTLEMENT 25 ance, a Delaware corporation, [Declarations of Elliot J. Siegel, Daniel Defendants. M. Hutchinson, and Bryan Valdez; 26 [Proposed] Order filed concurrently] 27 Hearing Date: August 2, 2021 Hearing Time: 8:30 a.m. 28 PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT CASE NO. 8:18-CV-01548 Case 8:18-cv-01548-DOC-ADS Document 163 Filed 07/02/21 Page 2 of 16 Page ID #:20214 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 NOTICE IS HEREBY GIVEN that on August 2, 2021 at 8:30 a.m. -
Cooperative Judicial Nominations During the Obama Administration
GW Law Faculty Publications & Other Works Faculty Scholarship 2017 Cooperative Judicial Nominations During the Obama Administration David Fontana George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Fontana, David, Cooperative Judicial Nominations During the Obama Administration (March 28, 2017). Wisconsin Law Review, Forthcoming; GWU Law School Public Law Research Paper No. 2017-24; GWU Legal Studies Research Paper No. 2017-24. Available at SSRN: https://ssrn.com/abstract=2942297 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. FONTANA – FORTHCOMING – WISCONSIN LAW REVIEW (2017) 3/28/2017 COOPERATIVE JUDICIAL NOMINATIONS DURING THE OBAMA ADMINISTRATION DAVID FONTANA Introduction ................................................................... 101 I. Naming ..................................................................... 108 II. Numbing ................................................................... 124 III. Numbers .................................................................. 130 Conclusion .................................................................... 138 INTRODUCTION During his eight years in office, President Barack Obama changed -
President Donald Trump and Federal Bench Diversity
Washington and Lee Law Review Online Volume 74 Issue 2 Article 7 5-3-2018 President Donald Trump and Federal Bench Diversity Carl Tobias University of Richmond School of Law Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr-online Part of the Judges Commons Recommended Citation Carl Tobias, President Donald Trump and Federal Bench Diversity, 74 WASH. & LEE L. REV. ONLINE 400 (2018), https://scholarlycommons.law.wlu.edu/wlulr-online/vol74/iss2/7 This Response is brought to you for free and open access by the Law School Journals at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review Online by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. PRESIDENT DONALD TRUMP AND FEDERAL BENCH DIVERSITY Carl Tobias∗ Abstract President Donald Trump constantly reminds United States citizens about the myriad circuit and district court appointments that his White House is making to the federal judiciary. Last September, Trump proposed the seventh “wave,” which included three people of color among sixteen judicial nominees. This wave permitted the administration to triple the number of ethnic minority picks whom it had selected, which means that the Executive Branch has proffered ten persons of color in 113 appeals court and district court submissions, yet none is a lesbian, gay, bisexual, or transgender (LGBT) individual. Nevertheless, a problematic pattern, which implicates a stunning lack of ethnic- minority, LGBT, and female nominees rather swiftly arose, even though the administration is relatively nascent. -
Expanding the Possibilities, 2013-2014
EXPANDING THE POSSIBILITIES ANNUAL REPORT 2013-2014 NATIONAL WOMEN’S LAW CENTER ABOUT THE CENTER The Center has been expanding the possibilities for women and their families for over 40 years, yet the Center’s mission is far from complete. Many women don’t get equal pay for equal work. High-quality affordable child care remains beyond the reach of millions of families. Title IX’s promise of educational opportunity has not been realized for every girl and woman. Reproductive health care is at great risk. And women of all ages are more likely than men to be poor. The Center is committed to taking on the toughest challenges ahead, to secure past gains and to advance equality and opportunity for women and their families. N W L TABLE OF CONTENTS C Message from the co-presidents and chair 2 Promoting a bold vision to make women and families more economically secure 4 Dismantling barriers women face in the workplace 6 Protecting girls and young women in school with Title IX 8 Defending and securing women’s access to comprehensive health care and reproductive rights 10 Building a diverse judiciary and pursuing justice for women 12 A tribute to Brooksley Born 14 Center supporters 15 Statement of activities and statement of financial position 20 Board of directors 22 Center staff 23 CO-PRESIDENTS &BOARD CHAIR ADVANCING women for the same work, and stubborn EQUALITY AND efforts to roll back everything from Social Security benefits to the new Affordable OPPORTUNITY Care Act, also known as Obamacare. FOR WOMEN However, the Center played a key role Expanding and protecting women’s in securing significant gains for economic equality has never been achieved security, equality, and justice for women without difficult challenges.