January 24, 2014
ELIZABETH AIDA HASKELL, REGINALD ENTO, JEFFREY PATRICK LYONS, JR., and AAKASH DESAI, on behalf of themselves and others similarly situated, Plaintiffs,
KAMALA D. HARRIS, Attorney General of California; EVA STEINBERGER, Assistant Bureau Chief for DNA Programs, California Department of Justice, Defendants.
PETER C. MEIER (SB# 179019), PAUL HASTINGS LLP, San Francisco, CA.
MICHAEL T. RISHER (SB# 191627), AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA, INC., San Francisco, CA, Attorneys for Plaintiffs ELIZABETH AIDA HASKELL, REGINALD ENTO, JEFFREY PATRICK LYONS, JR., and AAKASH DESAI, on behalf of themselves and others similarly situated
OFFICE OF THE ATTORNEY GENERAL, Enid A. Camps, Deputy Attorney General, Attorneys for Defendants, KAMALA D. HARRIS, Attorney General of California and EVA STEINBERGER, Assistant Bureau Chief for DNA Programs, California Department of Justice.
STIPULATION AND ORDER RE: CONTINUANCE OF CASE MANAGEMENT CONFERENCE
CHARLES R. BREYER, District Judge.
Plaintiffs Elizabeth Aida Haskell, Reginald Ento, Jeffrey Patrick Lyons, Jr., and Aakash Desai, and Defendants Kamala D. Harris, Attorney General of California, and Eva Steinberger, Assistant Bureau Chief for DNA Programs, California Department of Justice, by and through their counsel, hereby agree and stipulate as follows:
WHEREAS, the parties have a Case Management Conference ("CMC") currently scheduled for February 7, 2014 at 8:30 a.m.;
WHEREAS, on September 19, 2012, an en banc panel of the Ninth Circuit reheard the pending appeal of this Court's order;
WHEREAS, on November 9, 2012, the Supreme Court granted certiorari in another case addressing whether the Fourth Amendment allows the states to collect and analyze DNA from people arrested and charged with serious offenses, King v. Maryland, 42 A.3d 549 (Md. 2012), cert. granted, 81 U.S.L.W. 3127 (U.S. Nov. 9, 2012), and held argument on February 26, 2013;
WHEREAS, on November 13, 2012, the Ninth Circuit deferred submission of this case pending the U.S. Supreme Court's decision in Maryland v. King ;
WHEREAS, on June 3, 2013, the Supreme Court issued its decision in Maryland v. King, 133 S.Ct. 1236 (2013);
WHEREAS, on June 12, 2013, the Ninth Circuit ordered the parties to submit supplemental briefs on the application of the Supreme Court's decision in Maryland v. King ;
WHEREAS, on December 9, 2013, an en banc court heard the argument of the parties on their supplemental briefs;
WHEREAS, the parties' supplemental briefs are currently under consideration before the en banc panel;
WHEREAS, by agreement of the parties, counsel request a continuance of approximately 99 days;
NOW THEREFORE, the parties, by and through their undersigned counsel, hereby stipulate and agree that the February 7, 2014 CMC shall be continued, and that a CMC shall be held on May 16, 2014 at 8:30 a.m. Should an earlier date become necessary or appropriate by any further action of the Ninth Circuit, the parties will contact the Court.
I attest that concurrence in the filing of this document has been obtained from Enid A. Camps, attorney for defendants Kamala D. Harris and Eva Steinberger.
The Court has considered the above Stipulation, and good cause appearing therefore, the Court hereby ORDERS as follows: The February 7, 2014 Case Management Conference shall be continued, and a Case Management Conference shall be held on May 16, 2014 at 8:30 a.m.
PURSUANT TO STIPULATION, IT IS SO ORDERED.