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Haskell v. Harris

United States District Court, Ninth Circuit

January 24, 2014

ELIZABETH AIDA HASKELL, REGINALD ENTO, JEFFREY PATRICK LYONS, JR., and AAKASH DESAI, on behalf of themselves and others similarly situated, Plaintiffs,
v.
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 ...


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