American Society of Journalists and Authors, Inc., et al v. Xavier Becerra Featured Case

Plaintiffs American Society of Journalists and Authors, Inc. and National Press Photographers Association sued Xavier Becerra, in his official capacity as Attorney General of the State of California, alleging that AB 5 violated the First and Fourteenth Amendments to the U.S. Constitution by drawing unconstitutional content-based distinctions about who can freelance by limiting speakers to 35 submissions per client, per year, and precluding some freelancers from making video recordings.

Plaintiff: American Society of Journalists and Authors, Inc., and National Press Photographers Association, National Press Photographers Association and American Society of Journalists and Authors, Inc.
Defendant: Xavier Becerra
Case Number: 2:2019cv10645
Filed: December 17, 2019
Court: US District Court for the Central District of California
Presiding Judge: Philip S Gutierrez
Referring Judge: Karen L Stevenson
Nature of Suit: Constitutional - State Statute
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2020 Filing 36 OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion #12 filed by Defendant Xavier Becerra. (Zelidon-Zepeda, Jose)
January 29, 2020 Filing 35 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #34 RE: Notice of Motion to Dismiss #33 , by Clerk of Court. The document is accepted as filed. (bm)
January 27, 2020 Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #33 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions /Petitions/Requests-Dismiss Case. Docket entry text does not indicate noticed motion hearing date and time In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
January 24, 2020 Filing 33 NOTICE filed by Defendant Xavier Becerra. Motion to Dismiss (Attachments: #1 Memorandum)(Zelidon-Zepeda, Jose)
January 7, 2020 Filing 32 STIPULATION for Extension of Time to File to Respond to Initial Complaint By Not More Than 30 Days (L.R. 8-3) filed by Defendant Xavier Becerra.(Zelidon-Zepeda, Jose)
January 3, 2020 Opinion or Order Filing 31 ORDER by Judge Philip S. Gutierrez: granting #20 Non-Resident Attorney James M Manley APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs American Society of Journalists and Authors, inc., and National Press Photographers Association, designating Jeremy Talcott as local counsel. (bm)
January 3, 2020 Opinion or Order Filing 30 MINUTE ORDER ( IN CHAMBERS ) by Judge Philip S. Gutierrez Re: EX PARTE APPLICATION #27 . Plaintiffs' ex parte application is DENIED. Plaintiffs' motion for a preliminary injunction is set for hearing March 9, 2020. Please see Order for further details. (wm)
January 3, 2020 Filing 29 REPLY In Support of Motion EX PARTE APPLICATION for Temporary Restraining Order as to TRO re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) until resolution of motion for preliminary injuncti #27 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Attachments: #1 Declaration Caleb R. Trotter)(Trotter, Caleb)
January 2, 2020 Filing 28 OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to TRO re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) until resolution of motion for preliminary injuncti #27 filed by Defendant Xavier Becerra. (Attorney Jose A Zelidon-Zepeda added to party Xavier Becerra(pty:dft))(Zelidon-Zepeda, Jose)
December 31, 2019 Filing 27 EX PARTE APPLICATION for Temporary Restraining Order as to TRO re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) until resolution of motion for preliminary injunction filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Attachments: #1 Memorandum in Support, #2 Notice to Counsel of Ex Parte Application, #3 Proposed Order) (Trotter, Caleb)
December 27, 2019 Filing 26 DECLARATION of Spencer Grant In Support of Plaintiffs' Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion #12 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Trotter, Caleb)
December 27, 2019 Filing 25 DECLARATION of JoBeth McDaniel Clark In Support of Plaintiffs' Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion #12 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Trotter, Caleb)
December 27, 2019 Filing 24 DECLARATION of Brian Feulner In Support of Plaintiffs' Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion #12 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Trotter, Caleb)
December 27, 2019 Filing 23 DECLARATION of Randy Dotinga In Support of Plaintiffs' Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion #12 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Trotter, Caleb)
December 27, 2019 Filing 22 DECLARATION of Mickey H. Osterreicher In Support of Plaintiffs' Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion #12 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Trotter, Caleb)
December 27, 2019 Filing 21 Notice of Withdrawal of Declaration (Motion related),, #17 , Declaration (Motion related), #14 , Declaration (Motion related), #15 , Declaration (Motion related), #16 , Declaration (Motion related), #13 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Trotter, Caleb)
December 27, 2019 Filing 20 APPLICATION of Non-Resident Attorney James M. Manley to Appear Pro Hac Vice on behalf of Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25024794) filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Attachments: #1 Proposed Order) (Talcott, Jeremy)
December 27, 2019 Filing 19 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff American Society of Journalists and Authors, Inc., National Press Photographers Association, upon Defendant Xavier Becerra served on 12/20/2019, answer due 1/10/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Trotter, Caleb)
December 26, 2019 Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declarations #13 , #14 , #15 , #16 , #17 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): Caption of attached documents do not indicate case number and judge's initials. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
December 20, 2019 Filing 17 WITHDRAWN ON 12/27/19. DECLARATION of Randy Dotinga In Support of Plaintiffs' Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion #12 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Attachments: #1 Exhibit Sampling of freelance jobs lost due to AB 5)(Trotter, Caleb) Modified on 12/30/2019 (bm).
December 20, 2019 Filing 16 WITHDRAWN ON 12/27/19. DECLARATION of Spencer Grant In Support of Plaintiffs' Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion #12 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Trotter, Caleb) Modified on 12/30/2019 (bm).
December 20, 2019 Filing 15 WITHDRAWN ON 12/27/19. DECLARATION of Brian Feulner In Support of Plaintiffs' Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion #12 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Trotter, Caleb) Modified on 12/30/2019 (bm).
December 20, 2019 Filing 14 WITHDRAWN ON 12/27/19. DECLARATION of JoBeth McDaniel Clark In Support of Plaintiffs' Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion #12 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Trotter, Caleb) Modified on 12/30/2019 (bm).
December 20, 2019 Filing 13 WITHDRAWN ON 12/27/19. DECLARATION of Mickey H. Osterreicher In Support of Plaintiffs' Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion #12 filed by Plaintiffs American Society of Journalists and Authors, Inc., National Press Photographers Association. (Trotter, Caleb) Modified on 12/30/2019 (bm).
December 20, 2019 Filing 12 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Prohibiting Defendant, his officers, agents, servants, and employees from enforcing Cal. Labor Code 2750.3(c)(2)(B)(ix) and (x) . Motion filed by Plaintiffs American Society of Journalists and Authors, Inc.. Motion set for hearing on 3/9/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum ISO PI Motion, #2 Proposed Order Granting PI Motion) (Trotter, Caleb)
December 20, 2019 Opinion or Order Filing 11 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
December 19, 2019 Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James M. Manley. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa)
December 19, 2019 Filing 9 21 DAY Summons issued re Complaint #1 as to defendant Xavier Becerra. (esa)
December 19, 2019 Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
December 19, 2019 Filing 7 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Karen L. Stevenson. (esa)
December 19, 2019 Filing 6 NOTICE of Interested Parties filed by Plaintiffs American Society of Journalists and Authors, Inc., and National Press Photographers Association, identifying American Society of Journalists and Authors, Inc., and National Press Photographers Association. (Talcott, Jeremy)
December 19, 2019 Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Jeremy Brennan Talcott counsel for Plaintiff American Society of Journalists and Authors, Inc., and National Press Photographers Association. Adding Jeremy Talcott as counsel of record for American Society of Journalists and Authors, Inc., and National Press Photographers Association for the reason indicated in the G-123 Notice. Filed by Plaintiffs American Society of Journalists and Authors, Inc., and National Press Photographers Association. (Attorney Jeremy Brennan Talcott added to party American Society of Journalists and Authors, Inc., and National Press Photographers Association(pty:pla))(Talcott, Jeremy)
December 18, 2019 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs American Society of Journalists and Authors, Inc., and National Press Photographers Association. (Trotter, Caleb)
December 17, 2019 Filing 3 NOTICE of Interested Parties filed by Plaintiffs American Society of Journalists and Authors, Inc., and National Press Photographers Association, identifying American Society of Journalists and Authors, Inc., and National Press Photographers Association. (Trotter, Caleb)
December 17, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff American Society of Journalists and Authors, Inc., and National Press Photographers Association. (Trotter, Caleb)
December 17, 2019 Filing 1 COMPLAINT Receipt No: 0973-24965880 - Fee: $400, filed by Plaintiffs American Society of Journalists and Authors, Inc., and National Press Photographers Association. (Attorney Caleb Randall Trotter added to party American Society of Journalists and Authors, Inc., and National Press Photographers Association(pty:pla))(Trotter, Caleb)
December 17, 2019 Filing 1 COMPLAINT Receipt No: 0973-24965880 - Fee: $400, filed by Plaintiffs American Society of Journalists and Authors, Inc., and National Press Photographers Association. (Attorney Caleb Randall Trotter added to party American Society of Journalists and Authors, Inc., and National Press Photographers Association(pty:pla))(Trotter, Caleb)

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Defendant: Xavier Becerra
Represented By: Jose A Zelidon-Zepeda
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Plaintiff: American Society of Journalists and Authors, Inc., and National Press Photographers Association
Represented By: Caleb Randall Trotter
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Plaintiff: National Press Photographers Association
Represented By: Caleb Randall Trotter
Represented By: Jeremy Brennan Talcott
Represented By: James M Manley
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Plaintiff: American Society of Journalists and Authors, Inc.
Represented By: Caleb Randall Trotter
Represented By: Jeremy Brennan Talcott
Represented By: James M Manley
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