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Judicial Watch • Dutton v Wesley 56162 Court Memorandum

Dutton v Wesley 56162 Court Memorandum

Dutton v Wesley 56162 Court Memorandum

Page 1: Dutton v Wesley 56162 Court Memorandum

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Number of Pages:8

Date Created:July 18, 2014

Date Uploaded to the Library:July 23, 2014

Tags:Dutton, Memorandum, WESLEY, Supreme Court


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FILED 
JUL 2014
NOT FOR PUBLICATION 
MOLLY DWYER, CLERK
UNITED STATES COURT APPEALSU.S. COURT APPEALS FOR THE NINTH CIRCUIT 
LESLIE DUTTON; AMERICAN  No. 12-56162  
ASSOCIATION WOMEN, INC., 
D.C. No. 2:12-cv-01888-R-JC  
                     Plaintiffs Appellants,  MEMORANDUM*  
DAVID WESLEY, her official  
capacity Presiding Judge the Superior  
Court California, County Los  
Angeles; ANN JONES, her official  
capacity Judge the Superior Court California, County Los Angeles;  
BRETT BIANCO, his official capacity Court Counsel the Superior Court  
California, County Los Angeles, 
                     Defendants Appellees.  

Appeal from the United States District Court
 for the Central District California
 Manuel Real, District Judge, Presiding
 
Argued and Submitted March 2014 Pasadena, California 
Before: BYBEE, BEA, and CHRISTEN, Circuit Judges. This disposition not appropriate for publication and not precedent except provided 9th Cir. 36-3. 
Plaintiffs-Appellants Leslie Dutton and the American Association 
Women, Inc., appeal the district courts order dismissing their complaint this 
U.S.C.
  1983 action. have jurisdiction under U.S.C.  1291. review novo order granting motion dismiss for failure state claim. Stearns
 Ticketmaster Corp., 655 F.3d 1013, 1018 (9th Cir. 2011). reverse the district courts order dismissing the complaint and remand for further proceedings. 

The empty courtroom that the plaintiffs sought access film their documentary either nonpublic forum limited public forum.  See Sammartano First Judicial Dist. Court, 303 F.3d 959, 966 (9th Cir. 2002), abrogated part other grounds Winter Natural Res. Def. Council, Inc., 555 U.S. (2008). Either way, speech restrictions are impermissible unless they are reasonable light the purposes served the forum and viewpoint neutral. Wright Incline Vill. Gen. Improvement Dist., 665 F.3d 1128, 1138 n.5 (9th Cir. 2011); see also Good News Club Milford Cent. Sch., 533 U.S. 98, 10607 (2001); Cornelius NAACP Legal Def. Educ. Fund, Inc., 473 U.S. 788, 806 (1985). 
The plaintiffs complaint includes enough factual content permit the reasonable inference that the defendants denied the plaintiffs request access the courtroom because the plaintiffs viewpoint.  See Ashcroft Iqbal, 556 U.S.
 
662, 67678 (2009). The complaint alleges that another news outlet was permitted access the same courtroom report the same subject, that the plaintiffs had history being critical the defendants, and that the defendants were aware this criticism. can reasonably infer from the facts asserted that the plaintiffs were treated differently because their viewpoint.  Cf. Moss U.S. Secret Serv., 572 F.3d 962, 97071 (9th Cir. 2009). acknowledge that the defendants might have viewpoint-neutral reasons for excluding the plaintiffs while permitting others engage similar expressive activity the same property.  But [t]he standard this stage the litigation not that [the] plaintiff[s] explanation must true even probable.  The factual allegations the complaint need only plausibly suggest entitlement relief. Starr Baca, 652 F.3d 1202, 121617 (9th Cir. 2011) (quoting Iqbal, 556 U.S. 681). 
REVERSED AND REMANDED.
 
United States Court Appeals for the Ninth Circuit 
Office the Clerk Seventh Street 
San Francisco, 94103 

Information Regarding Judgment and Post-Judgment Proceedings 
Judgment 
 	This Court has filed and entered the attached judgment your case. Fed. App. 36. Please note the filed date the attached decision because all the dates described below run from that date, not from the date you receive this notice. 
Mandate (Fed. App. 41; 9th Cir. 41-1 -2) 
 	The mandate will issue days after the expiration the time for filing petition for rehearing days from the denial petition for rehearing, unless the Court directs otherwise. file motion stay the mandate, file electronically via the appellate ECF system or, you are pro litigant attorney with exemption from using appellate ECF, file one original motion paper. 
Petition for Panel Rehearing (Fed. App. 40; 9th Cir. 40-1) Petition for Rehearing Banc (Fed. App. 35; 9th Cir. 35-1 -3) 
(1) Purpose (Panel Rehearing): 
 party should seek panel rehearing only one more the following grounds exist: 

 material point fact law was overlooked the decision; 

 change the law occurred after the case was submitted which appears have been overlooked the panel; 

 apparent conflict with another decision the Court was not addressed the opinion. 

 not file petition for panel rehearing merely reargue the case. 	Purpose (Rehearing Banc) 
 party should seek banc rehearing only one more the following grounds exist:
Post Judgment Form Rev. 08/2013 
	 
Consideration the full Court necessary secure maintain uniformity the Courts decisions; 

	 
The proceeding involves question exceptional importance; 

	 
The opinion directly conflicts with existing opinion another court appeals the Supreme Court and substantially affects rule national application which there overriding need for national uniformity. 

(2) 	
Deadlines for Filing: 

 petition for rehearing may filed within days after entry judgment. Fed. App. 40(a)(1). 

 the United States agency officer thereof party civil case, the time for filing petition for rehearing days after entry judgment. Fed. App. 40(a)(1). 

 the mandate has issued, the petition for rehearing should 
accompanied motion recall the mandate.
 

 	
See Advisory Note 9th Cir. 40-1 (petitions must received the due date). 

 order publish previously unpublished memorandum disposition extends the time file petition for rehearing days after the date the order publication or, all civil cases which the United States agency officer thereof party, days after the date the order publication. 9th Cir. 40-2. 

(3) 	
Statement Counsel 

 petition should contain introduction stating that, counsels judgment, one more the situations described the purpose section above exist. The points raised must stated clearly. 

(4) 	
Form Number Copies (9th Cir. 40-1; Fed. App. 32(c)(2)) 

 	
The petition shall not exceed pages unless complies with the alternative length limitations 4,200 words 390 lines text. 

 	
The petition must accompanied copy the panels decision being challenged. 

 answer, when ordered the Court, shall comply with the same length limitations the petition. 

 pro litigant elects file form brief pursuant Circuit Rule 28-1, petition for panel rehearing for rehearing banc need not comply with Fed. App. 32. 

Post Judgment Form Rev. 08/2013 
 	
The petition answer must accompanied Certificate Compliance found Form 11, available our website www.ca9.uscourts.gov under Forms. 

 	
You may file petition electronically via the appellate ECF system. paper copies are required unless the Court orders otherwise. you are pro litigant attorney exempted from using the appellate ECF system, file one original petition paper. additional paper copies are required unless the Court orders otherwise. 

Bill Costs (Fed. App. 39, 9th Cir. 39-1) 
 	
The Bill Costs must filed within days after entry judgment. 

 	
See Form for additional information, available our website www.ca9.uscourts.gov under Forms. 

Attorneys Fees 
 	
Ninth Circuit Rule 39-1 describes the content and due dates for attorneys fees applications. 

 	
All relevant forms are available our website www.ca9.uscourts.gov under Forms telephoning (415) 355-7806. 

Petition for Writ Certiorari 
 	Please refer the Rules the United States Supreme Court www.supremecourt.gov 
Counsel Listing Published Opinions 
 	
Please check counsel listing the attached decision. 

 there are any errors published opinion, please send letter writing within days to: 

	 
Thomson Reuters; 610 Opperman Drive; Box 64526; St. Paul, 55164-0526 (Attn: Jean Green, Senior Publications Coordinator); 

	 
and electronically file copy the letter via the appellate ECF system using "File Correspondence Court," you are attorney exempted from using the appellate ECF system, mail the Court one copy the letter. 

Post Judgment Form Rev. 08/2013 
United States Court Appeals for the Ninth Circuit 
BILL COSTS 
Note: you wish file bill costs, MUST submitted this form and filed, with the clerk, with proof service, within days the date entry judgment, and accordance with 9th Circuit Rule 39-1. late bill costs must accompanied motion showing good cause. Please refer FRAP 39, 
U.S.C.  1920, and 9th Circuit Rule 39-1 when preparing your bill costs. 
9th Cir. No. 
The Clerk requested tax the following costs against: Costs per page may not exceed .10 actual cost, whichever less. 9th Circuit Rule 39-1. Other: Any other requests must accompanied statement explaining why the item(s) should taxed pursuant 9th Circuit Rule 39-1. Additional items without such supporting statements will not considered. 
Attorneys' fees cannot requested this form. 
Continue next page. 
Case: 12-56162 07/18/2014 ID: 9173864 DktEntry: 38-2 Page:
Form 10. Bill Costs -Continued swear under penalty perjury that the services for which costs are taxed were actually and necessarily performed, and that the requested costs were actually expended listed. 
Signature
 ("s/" plus attorney's name submitted electronically)
 Date 
Name Counsel: 

Attorney for: 
Date (To Completed the Clerk)  Costs are taxed the amount  
Clerk Court By: Deputy Clerk