CIVIL

U.S. District Court
Eastern District of California - Live System (Sacramento)
CIVIL DOCKET FOR CASE #: 2:14-cv-00341-KJM-KJN


State of Missouri, ex rel., Chris Koster, Attorney General of Missouri v. Harris
Assigned to: Judge Kimberly J. Mueller
Referred to: Magistrate Judge Kendall J. Newman
Cause: 28:1983 Civil Rights

Date Filed: 02/03/2014
Jury Demand: None
Nature of Suit: 950 Constitutional - State Statute
Jurisdiction: Federal Question
Plaintiff
State of Missouri represented byDarryl J. Horowitt
Coleman & Horowitt, LLP
499 West Shaw, Suite 116
Fresno, CA 93704
(559) 248-4820 x111
Fax: (559) 248-4830
Email: dhorowitt@ch-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sherrie Marie Flynn
Coleman & Horowitt, LLP
499 W. Shaw Ave., Suite 116
Fresno, CA 93704
559-248-4820
Fax: 559-248-4830
Email: sflynn@ch-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Chris Koster
Attorney General of Missouri
represented byDarryl J. Horowitt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sherrie Marie Flynn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Kamala D. Harris
in her official capacity as Attorney General of California

Date Filed #Docket Text
02/03/2014CIVIL COVER SHEET by State of Missouri, ex rel., Chris Koster, Attorney General of Missouri (Flynn, Sherrie) (Entered: 02/03/2014)
02/03/20142 COMPLAINT against Kamala D. Harris by State of Missouri, ex rel., Chris Koster, Attorney General of Missouri. (Filing fee $ 400, receipt number 0972-5161997) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Flynn, Sherrie) (Entered: 02/03/2014)
02/04/2014SUMMONS ISSUED as to *Kamala D. Harris* with answer to complaint due within *21* days. Attorney *Sherrie Marie Flynn* *Coleman & Horowitt, LLP* *499 W. Shaw Ave., Suite 116* *Fresno, CA 93704*. (Kaminski, H) (Entered: 02/04/2014)
02/04/2014CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 7/16/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: #
02/04/2014PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Chris Koster, State of Missouri for attorney John Andrew Hirth to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-5163877) (Attachments: # 1 Certificate of Good Standing)(Flynn, Sherrie) (Entered: 02/04/2014)
02/04/2014AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/12/2014 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Kaminski, H) (Entered: 02/04/2014)
02/06/2014PRO HAC VICE ORDER signed by Judge Kimberly J. Mueller on 2/6/14. Added attorney John Andrew Hirth, PHV for Chris Koster and State of Missouri. (Mena-Sanchez, L) (Entered: 02/06/2014)
02/07/2014SUMMONS RETURNED EXECUTED: Kamala D. Harris served on 2/5/2014, answer due 2/26/2014. (Flynn, Sherrie) (Entered: 02/07/2014)
02/19/20149 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Kamala D. Harris. Attorney Smith, Susan K. added. (Smith, Susan) (Entered: 02/19/2014)
02/19/201410 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Chris Koster, State of Missouri. (Attachments: # 1 Proof of Service Certificate of Service)(Hirth, John) (Entered: 02/19/2014)
02/21/201411 STIPULATION and PROPOSED ORDER for Amend Complaint and to Extend Time to Answer and/or Respond to Amended Complaint by Kamala D. Harris. (Smith, Susan) (Entered: 02/21/2014)
03/03/201412 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 3/3/2014: Good cause appearing, the parties' stipulated request for extension of time at ECF No. 11 is GRANTED. Accordingly, the deadline for plaintiff to amend its complaint is SET for 3/5/2014 and the deadline for defendants to answer and/or respond to the amended complaint is SET for 4/2/2014. (Text Only Entry) (Schultz, C) Modified on 3/3/2014 (Schultz, C). (Entered: 03/03/2014)
03/05/201413 FIRST AMENDED COMPLAINT against Kamala D. Harris, Karen Ross by Chris Koster, State of Missouri, State of Nebraska, Commonwealth of Kentucky, Terry E. Branstad, State of Oklahoma, State of Alabama. Attorney Flynn, Sherrie Marie added. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Flynn, Sherrie) Modified on 3/6/2014 (Reader, L). (Entered: 03/05/2014)
03/06/201414 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by State of Nebraska, for attorney Blake E. Johnson to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-5214050) (Attachments: # 1 Certificate of Good Standing)(Flynn, Sherrie) Modified on 3/7/2014 (Reader, L). (Entered: 03/06/2014)
03/06/201415 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by State of Alabama, for attorney Robert D. Tambling to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-5214206) (Attachments: # 1 Certificate of Good Standing)(Flynn, Sherrie) Modified on 3/7/2014 (Reader, L). (Entered: 03/06/2014)
03/07/201416 SUMMONS ISSUED as to *Karen Ross* with answer to complaint due within *21* days. Attorney *Sherrie M. Flynn* *Coleman & Horowitt, LLP* *499 West Shaw, Suite 116* *Fresno, California 93704*. (Reader, L) (Entered: 03/07/2014)
03/07/201417 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Terry E. Branstad for attorney Jacob J. Larson to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-5216842) (Attachments: # 1 Certificate of Good Standing)(Flynn, Sherrie) (Entered: 03/07/2014)
03/11/201418 PRO HAC VICE ORDER signed by Judge Kimberly J. Mueller on 3/10/14. Added attorney Jacob J. Larson, PHV for Terry E. Branstad. (Manzer, C) (Entered: 03/11/2014)
03/11/201419 PRO HAC VICE ORDER signed by Judge Kimberly J. Mueller on 3/10/14. Added attorney Robert D. Tambling, PHV for State of Alabama. (Manzer, C) (Entered: 03/11/2014)
03/11/201420 PRO HAC VICE ORDER signed by Judge Kimberly J. Mueller on 3/10/14. Added attorney Blake E. Johnson, PHV for State of Nebraska. (Manzer, C) (Entered: 03/11/2014)
03/21/201421 STIPULATION and PROPOSED ORDER for Extension of Time to answer and/or respond to the 13 First Amended Complaint by Kamala D. Harris. (Smith, Susan) Modified on 3/24/2014 (Michel, G). (Entered: 03/21/2014)
03/21/201422 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 3/21/2014: Good cause appearing, the parties' stipulated request for extension of time at ECF No. 21 is GRANTED. Accordingly, the deadline for defendant to answer and/or respond to the amended complaint is SET for 4/9/2014. (Text Only Entry) (Schultz, C) (Entered: 03/21/2014)
03/25/201423 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by State of Oklahoma for Attorney P. Clayton Eubanks to appear Pro Hac Vice. (Filing fee $200.00, receipt number 0972-5245519) (Attachments: # 1 Certificate of Good Standing) (Flynn, Sherrie) Modified on 3/26/2014 (Michel, G). (Entered: 03/25/2014)
03/25/201424 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by State of Oklahoma for Attorney Thomas Bates to appear Pro Hac Vice. (Filing fee $200.00, receipt number 0972-5245534) (Attachments: # 1 [DISREGARD - See 25 Certificate of Cood Standing] Certificate of Good Standing) (Flynn, Sherrie) Modified on 3/26/2014 (Michel, G). (Entered: 03/25/2014)
03/25/201425 NOTICE OF ERRATA re 24 Pro Hac Vice Application and Proposed Order; CERTIFICATE OF GOOD STANDING for Attorney Thomas Bates by State of Oklahoma. (Flynn, Sherrie) Modified on 3/26/2014 (Michel, G). (Entered: 03/25/2014)
03/26/201426 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Commonwealth of Kentucky for Attorney Sean J. Riley to appear Pro Hac Vice. (Attachments: # 1 Certificate of Good Standing) (Flynn, Sherrie) Modified on 3/27/2014 (Michel, G). (Entered: 03/26/2014)
03/26/2014 PAYMENT for 26 Pro Hac Vice Application in the amount of $200.00, receipt number 0972-5247495. (Flynn, Sherrie) Modified on 3/27/2014 (Michel, G). (Entered: 03/26/2014)
03/26/201427 MOTION TO INTERVENE by The Humane Society of the United States. Motion Hearing SET for 4/25/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # 1 Proposed Answer and Affirmative Defenses, # 2 Proposed Motion to Dismiss, # 3 Declaration of Jennifer Fearing, # 4 Declaration of Peter A. Brandt) (Wagman, Bruce) Modified on 3/27/2014 (Michel, G). (Entered: 03/26/2014)
03/26/201428 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by The Humane Society of the United States for Attorney J. Scott Ballenger to appear Pro Hac Vice. (Attachments: # 1 Certificate of Good Standing) (Wagman, Bruce) Modified on 3/27/2014 (Michel, G). (Entered: 03/26/2014)
03/27/2014 RECEIPT number CAE200059003 for $200.00 for J. Scott Ballenger from Latham & Watkins LLP. (Zignago, K.) (Entered: 03/27/2014)
03/31/201429 PRO HAC VICE ORDER signed by Judge Kimberly J. Mueller on 3/27/2014 ADDING Attorney P. Clayton Eubanks, PHV for State of Oklahoma. (Michel, G) (Entered: 03/31/2014)
03/31/201430 PRO HAC VICE ORDER signed by Judge Kimberly J. Mueller on 3/27/2014 ADDING Attorney Sean J. Riley, PHV for Commonwealth of Kentucky. (Michel, G) (Entered: 03/31/2014)
04/02/201431 PRO HAC VICE ORDER signed by Judge Kimberly J. Mueller on 4/1/14: Added attorney Thomas Bates, PHV for State of Oklahoma. (Kaminski, H) (Entered: 04/02/2014)
04/02/201432 PRO HAC VICE ORDER signed by Judge Kimberly J. Mueller on 4/1/14: Added attorney J Scott Ballenger, PHV for The Humane Society of the United States. (Kaminski, H) (Entered: 04/02/2014)
04/08/201433  MOTION to INTERVENE by Association of California Egg Farmers. Attorney Boynton, Brian Matthew added. Motion Hearing set for 5/9/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # 1 Memorandum of Law in Support of Motion To Intervene, # 2 Declaration of Debra Murdock, # 3 Proposed Order, # 4 Exhibit (Proposed Answer))(Boynton, Brian) (Entered: 04/08/2014)
04/08/201434 STATEMENT of Corporate Disclosure Pursuant to FRCP 7.1 by Intervenor Defendant Association of California Egg Farmers. (Boynton, Brian) (Entered: 04/08/2014)
04/09/201435 STATEMENT of CORPORATE DISCLOSURE STATEMENT OF PROPOSED DEFENDANT-INTERVENOR THE HUMANE SOCIETY OF THE UNITED STATES by Intervenor Defendant The Humane Society of the United States re 27 Motion To Intervene. (Wagman, Bruce) (Entered: 04/09/2014)
04/09/201436  MOTION to DISMISS by Kamala D. Harris, Karen Ross. Attorney Smith, Susan K. added. Motion Hearing set for 6/6/2014 at 10:00 AM in Courtroom 3 before Judge Kimberly J. Mueller. (Attachments: # 1 Declaration of Susan K. Smith, # 2 Declaration of Anthony S. Herrera, # 3 Proposed Order)(Smith, Susan) (Entered: 04/09/2014)
04/09/201437 REQUEST for JUDICIAL NOTICE by Kamala D. Harris, Karen Ross in re 36 Motion to Dismiss,. (Attachments: # 1 Request for Judicial Notice Part 2, # 2 Request for Judicial Noice Part 3)(Smith, Susan) (Entered: 04/09/2014)
04/11/201438 STIPULATION and PROPOSED ORDER to Consolidate Briefing Schedules and Hearing Dates for 27 , 33 Motions to Intervene and 36 Motion to Dismiss by State of Missouri. (Hirth, John) Modified on 4/15/2014 (Zignago, K.). (Entered: 04/11/2014)
04/16/201439 SUMMONS RETURNED EXECUTED: Karen Ross served on 3/19/2014, answer due 4/9/2014. (Flynn, Sherrie) (Entered: 04/16/2014)
04/16/201440 MINUTE ORDER issued by Courtroom Deputy A. Shaddox-Waldrop for Judge Kimberly J. Mueller on 4/16/2014 GRANTING parties' Stipulation and Proposed Order 38 . The Motion to Intervene 27 filed by Humane Society if the United States (HSUS) set for hearing on 4/25/2014 is RESET for hearing with Association of California Egg Farmers (ACEF) Motion to Intervene 33 on 5/9/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. On or before April 25, 2014 proposed defendant-intervenor ACEF will file a Motion for Judgment to be noticed for hearing the same day as the defendants' Motion to Dismiss 33 on 6/6/2014. The parties' briefing schedule is ADOPTED as follows, plaintiffs' oppositions to the Motions to Intervene filed by 4/25/2014; proposed intervenors replies due 5/2/2014; plaintiffs' oppositions to the California's Motion to Dismiss filed by 5/12/2014. Plaintiffs' oppositions to HSUS' Motion to Dismiss filed by 5/12/2014 if HSUS is granted leave to intervene. Plaintiffs' oppositions to ACEF's anticipated Motion for Judgment filed by 5/16/2013; California, HSUS, and ACEF replies due by 5/30/2014. (Text Only Entry) (Shaddox-Waldrop, A) (Entered: 04/16/2014)
04/17/201441 APPLICATION for Leave to File Amicus Brief in Support of Defendants' 36 Motion to Dismiss by Animal Legal Defense Fund, Compassion Over Killing, Inc., Farm Sanctuary, Inc.. Attorney Johnson, Edward E. added. (Attachments: # 1 Proposed Amicus Curiae Brief)(Johnson, Edward) Modified on 4/18/2014 (Zignago, K.). (Entered: 04/17/2014)
04/17/201442 REQUEST for JUDICIAL NOTICE by Animal Legal Defense Fund, Compassion Over Killing, Inc., Farm Sanctuary, Inc. in re 41 Application. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Johnson, Edward) Modified on 4/18/2014 (Zignago, K.). (Entered: 04/17/2014)
04/17/201443 STATEMENT of Corporate Disclosure Statement by Amicus Parties Animal Legal Defense Fund, Compassion Over Killing, Inc., Farm Sanctuary, Inc.. (Johnson, Edward) (Entered: 04/17/2014)
04/22/201444  MOTION Leave to File AMICUS CURIAE Brief by Animal Legal Defense Fund, Compassion Over Killing, Inc., Farm Sanctuary, Inc.. Attorney McGimsey, Diane added. Motion Hearing set for 6/6/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(McGimsey, Diane) (Entered: 04/22/2014)
04/25/201445  MOTION to DISMISS, MOTION for JUDGMENT on the Pleadings [Proposed] ( Motion Hearing set for 6/6/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller.) by Association of California Egg Farmers. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Boynton, Brian) (Entered: 04/25/2014)
04/25/201446 OPPOSITION by Terry E. Branstad, Commonwealth of Kentucky, State of Alabama, State of Missouri, State of Nebraska, State of Oklahoma to 33 MOTION to INTERVENE , 27 Motion To Intervene. Attorney Hirth, John Andrew added. (Hirth, John) (Entered: 04/25/2014)
05/02/201447 REPLY in support of 33 Motion to Intervene by Association of California Egg Farmers. (Boynton, Brian) Modified on 5/5/2014 (Michel, G). (Entered: 05/02/2014)
05/02/201448 REPLY in support of 27 Motion to Intervene by The Humane Society of the United States. (Wagman, Bruce) Modified on 5/5/2014 (Michel, G). (Entered: 05/02/2014)
05/05/201449 MINUTE ORDER issued by Courtroom Deputy A. Shaddox-Waldrop for District Judge Kimberly J. Mueller on 5/5/2014: This matter is currently set for a hearing on 5/9/2014 on the Motions to Intervene 27 and 33 . The court values the importance of training young attorneys, and encourages the parties to consider assigning the argument to an attorney with less than four years of experience out of law school. If any party files a notice stating such an attorney from at least one side will argue the motion, the court will go forward with the hearing on that motion. If a notice is not filed, the court may find it appropriate to submit the motion without oral argument because it would be of limited assistance. See L.R. 230(g). If you intend to file such a notice, please do so by 12 PM on 5/7/2014. (Text Only Entry) (Shaddox-Waldrop, A) (Entered: 05/05/2014)
05/06/201450 STIPULATION re 49 Minute Order re 27 , 33 Motions to Intervene by The Humane Society of the United States. (Wagman, Bruce) Modified on 5/7/2014 (Michel, G). (Entered: 05/06/2014)
05/07/201451 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion and pursuant to Local Rule 230(g), the pending Motions to Intervene 27 and 33 filed by The Humane Society of the United States and Association of California Egg Farmers are SUBMITTED without oral argument. Accordingly, the hearing date of 5/9/2014 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry) (Schultz, C) (Entered: 05/07/2014)
05/12/201452 OPPOSITION by Terry E. Branstad, Commonwealth of Kentucky, State of Alabama, State of Missouri, State of Nebraska, State of Oklahoma to 36 MOTION to DISMISS, 27 Motion To Intervene. (Attachments: # 1 Exhibit)(Hirth, John) (Entered: 05/12/2014)
05/16/201453  MOTION for four-DAY EXTENSION OF TIME to amend Plaintiffs' Opposition to Defendants' and Proposed Intervenors' Motions to Dismiss; and to file Defendants' and Proposed Intervenors' replies in further support of their Motions to Dismiss. re 40 Minute Order,,,,, Set/Reset Deadlines and Hearings,,,,, Set/Reset Motion Hearing,,,, by Terry E. Branstad, Commonwealth of Kentucky, State of Alabama, State of Missouri, State of Nebraska, State of Oklahoma. (Hirth, John) (Entered: 05/16/2014)
05/16/201454 OPPOSITION by Terry E. Branstad, Commonwealth of Kentucky, State of Alabama, State of Missouri, State of Nebraska, State of Oklahoma to 45 MOTION to DISMISS MOTION for JUDGMENT on the Pleadings [Proposed], 36 MOTION to DISMISS, 27 Motion To Intervene. (Attachments: # 1 Exhibit Ex. 1)(Hirth, John) (Entered: 05/16/2014)
05/22/201455 MINUTE ORDER issued by Courtroom Deputy A. Shaddox-Waldrop for Judge Kimberly J. Mueller on 5/22/2014 GRANTING the Motion for Extension of Time 53 . The Amended Opposition was filed on 5/16/2014 54 . Defendants and Proposed Intervenors will file proposed replies by June 5, 2014. The 6/6/2014 motion hearing is RESET for 8/22/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Text Only Entry) (Shaddox-Waldrop, A) (Entered: 05/22/2014)
05/30/201456 NOTICE to RESCHEDULE HEARING on 44 MOTION Leave to File AMICUS CURIAE Brief : Motion Hearing set for 8/22/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Johnson, Edward) (Entered: 05/30/2014)
06/03/201457 ORDER signed by Judge Kimberly J. Mueller on 6/2/2014 GRANTING 27 , 33 Motions to Intervene. (Michel, G) (Entered: 06/03/2014)
06/04/2014 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 6/4/2014: In light of the court's 6/3/2014 order 57 , the parties' deadline for filing a joint status report is extended to close of business on 6/9/2014. (Text Only Entry) (Schultz, C) (Entered: 06/04/2014)
06/05/201458 REPLY by Kamala D. Harris, Karen Ross re 36 MOTION to DISMISS. (Smith, Susan) (Entered: 06/05/2014)
06/05/201459 REPLY by The Humane Society of the United States re 36 MOTION to DISMISS. (Wagman, Bruce) (Entered: 06/05/2014)
06/05/201460 REPLY by Association of California Egg Farmers re 45 MOTION to DISMISS MOTION for JUDGMENT on the Pleadings [Proposed]. (Boynton, Brian) (Entered: 06/05/2014)
06/09/201461 JOINT STATUS REPORT by Terry E. Branstad, Commonwealth of Kentucky, State of Alabama, State of Missouri, State of Nebraska, State of Oklahoma. (Hirth, John) (Entered: 06/09/2014)