Case: Welch v. Brown

2:12-cv-02484 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 1, 2012

Closed Date: Jan. 31, 2017

Clearinghouse coding complete

Case Summary

This case challenged a California law (SB 1772) that prohibited mental health providers from engaging in “sexual orientation change efforts” with patients under 18 years of age. SB 1172 defined “sexual orientation change efforts” to include any practices that sought to change not only sexual orientation, but also behavior and gender expression. It also provided that mental health providers who violated the prohibition would be subject to discipline. The plaintiffs are a group of mental health …

The plaintiffs are a group of mental health professionals who practiced in California and were subject to SB 1172. They brought this lawsuit on October 1, 2012 against a group of California state officials, including the Governor and members of the Board of Behavioral Sciences, in their official capacities in the U.S. District Court for the Eastern District of California. The plaintiffs brought eight claims: SB 1172 violated (1) the Fifth Amendment because it infringed upon the fundamental right to privacy, (2) the First Amendment because it constituted content and viewpoint discrimination, (3) the First and Fifth Amendments because it was unconstitutionally vague, (4) the First and Fifth Amendments because it was substantially overbroad, (5) the First Amendment because it prohibited the free exercise of religion by restricting speech within religious institutions and speech rooted in religious convictions, (6) the Establishment Clause of the First Amendment because it created excessive entanglement between the state and religious organizations, (7) the Fifth Amendment because it infringed upon the fundamental liberty interests of parents to raise their children according to their values, and (8) the First Amendment because it infringed upon the right of association. The plaintiffs sought declaratory relief, a preliminary and permanent injunction against the enforcement of SB 1172, and attorneys’ fees and costs.

On October 29, 2012, the plaintiffs filed a motion for a preliminary injunction. On December 3, 2012, the court granted the plaintiffs' motion and enjoined the defendants from enforcing SB 1172 against the plaintiffs. The court’s order was based on its finding that the plaintiffs’ had demonstrated a likelihood of success on the merits of their claim that SB 1172 violated their rights to freedom of speech.

On January 2, 2013, the defendants appealed the district court’s grant of a preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit. They also filed a motion to stay the district court proceedings while their appeal was pending, and the district court granted that motion. On August 29, 2013, the Ninth Circuit reversed the district court’s grant of a preliminary injunction to the plaintiffs. 738 F.3d 1042. The court explained that SB 1172, as a regulation of professional conduct, did not violate the plaintiffs’ free speech rights or rights of association, and was neither vague nor overbroad. The court also said that SB 1172 did not infringe on the fundamental right of parents to raise their children since that right does not include the right to choose a specific type of provider for a specific medical or mental health treatment that the state has reasonably deemed harmful. Furthermore, the court made clear that because the district court did not reach the other constitutional challenges raised by the plaintiffs, it was also not reaching those claims in its decision. Accordingly, the Ninth Circuit remanded the case to the district court for further proceedings consistent with its opinion. The plaintiffs subsequently filed a petition for rehearing en banc, but the Ninth Circuit denied that petition.

On November 5, 2014, the district court denied the plaintiff’s motion for a preliminary injunction. The court found that the plaintiffs were unlikely to prevail on the merits of any of their claims. The Ninth Circuit had already foreclosed a preliminary injunction for the plaintiffs’ free speech, vagueness, and overbreadth claims. The district court then concluded that plaintiffs (i) were unlikely to succeed on their free exercise claim because SB 1172 was facially neutral, (ii) were unlikely to succeed on their establishment clause claim because SB 1172 did not constitute excessive entanglement under the Lemon test, and (iii) the plaintiffs lacked prudential standing to assert third-party privacy rights.

The defendants filed a motion for judgment on the pleadings on June 1, 2015. On July 21, 2015 the district court granted that motion and entered judgment in favor of the defendants. The court explained that the Ninth Circuit’s decision on appeal foreclosed the plaintiffs’ free speech claim, and the plaintiff’s were unlikely to prevail for the same reasons the court articulated in its 2014 denial of plaintiff’s motion for a preliminary injunction.

The plaintiff’s appealed the district court’s grant of judgment on the pleadings to defendants on August 10, 2015. On August 23, 2016, the Ninth Circuit affirmed the district court’s judgment on the pleadings in favor of the defendant. 834 F.3d 1031. The court agreed with the district court that SB 1172 did not foster excessive entanglement in violation of the Establishment Clause and that SB 1172 was neutral and did not violate the Free Exercise Clause. As to the plaintiff’s privacy rights claim, the Ninth Circuit reaffirmed what it had said in its 2013 reversal of the district court’s grant of a preliminary injunction– substantive due process rights did not extend to the choice of a particular type of treatment or health care provider.

The plaintiffs filed a petition for writ of certiorari to the U.S. Supreme Court on January 3, 2017. The Supreme Court denied that petition on May 1, 2017. 581 U.S. 959. The case is now closed.

Summary Authors

Connor Mulvena (4/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4160822/parties/welch-v-brown/

Judge(s)

Attorney for Plaintiff

Counsel, Kevin Trent (California)

Counsel, Michael J. (California)

Counsel, Matthew McReynolds, (California)

Attorney for Defendant

Expert/Monitor/Master/Other

Alden, Bram Marshall (California)

Dinielli, David C (California)

Judge(s)

Shubb, William B. (California)

Attorney for Plaintiff

Counsel, Kevin Trent (California)

Counsel, Michael J. (California)

Counsel, Matthew McReynolds, (California)

McReynolds, Matthew B. (California)

Peffer, Michael John (California)

Snider, Kevin Trent (California)

Attorney for Defendant

General, Tamar Pachter, (California)

General, Alexandra Robert (California)

Gordon, Alexandra Robert (California)

Stein, Paul Evan (California)

Other

Alden, Bram Marshall (California)

Dinielli, David C (California)

Forster, Katherine Melanie (California)

Friedland, Michelle (California)

Minter, Shannon Price (California)

Miyake, Lika Cynthia (California)

Stoll, Christopher Francis (California)

Temko, William David (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:12-cv-02484	Complaint for Injunctive and Declaratory Relief	Oct. 1, 2012	Oct. 1, 2012 Complaint
9 2:12-cv-02484	Notice of Motion and Motion of Plaintiffs for Preliminary Injunction	Oct. 29, 2012	Oct. 29, 2012 Pleading / Motion / Brief
55 2:12-cv-02484	Memorandum and Order Re: Motion for Preliminary Injunction	Dec. 3, 2012	Dec. 3, 2012 Order/Opinion 907 F.Supp.2d 1102
69 2:12-cv-02484	Order Re: Motion to Stay	Feb. 7, 2013	Feb. 7, 2013 Order/Opinion 2013 WL 496382
81 13-15023	Opinion Pickup v. Brown U.S. Court of Appeals for the Ninth Circuit	Aug. 29, 2013	Aug. 29, 2013 Order/Opinion 728 F.3d 1042
88 2:12-cv-02484	Memorandum and Order Re: Motion for Preliminary Injunction	Nov. 5, 2014	Nov. 5, 2014 Order/Opinion 58 F.Supp.3d 1079
97 2:12-cv-02484	Order Re: Motion for Judgment on the Pleadings	July 21, 2015	July 21, 2015 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4160822/welch-v-brown/

Last updated April 9, 2026, 5:11 a.m.

ECF Number	Date	Description	Link
1	Oct. 1, 2012	COMPLAINT against All Defendants by Donald Welch, Anthony Duk, Aaron Bitzer. Attorney Snider, Kevin Trent ADDED. (Snider, Kevin) Modified on 10/2/2012 (Michel, G). (Entered: 10/01/2012)	Clearinghouse
2	Oct. 2, 2012	CIVIL COVER SHEET by Aaron Bitzer (Snider, Kevin) (Entered: 10/02/2012)	RECAP
4	Oct. 3, 2012	SUMMONS ISSUED as to Samara Ashley, Michael Bishop, Denise Brown, Edmund G. Brown, Jr, Anna M. Caballero, Silvia Diego, Harry Douglas, Dev Gnana, Julia Johnson, Sarita Kohli, Sharon Levine, Patricia Lock-Dawson, Renee Lonner, Reginald Low, Denise Pines, Karen Pines, Janet Salomonson, Gerrie Schipske, David Serrano Sewell, Christine Wietlisbach, Christina Wong, Barbara Yaroslaysky with answer to complaint due within 21 days. Attorney Kevin Trent Snider Pacific Justice Institute PO Box 276600 Sacramento, CA 95827. (Becknal, R) (Entered: 10/03/2012)	RECAP
5	Oct. 3, 2012	CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/22/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Attachments: # 1 Consent Form, # 2 VDRP Form) (Becknal, R) (Entered: 10/03/2012)	RECAP
	Oct. 3, 2012	RECEIPT number #CAE200047678 $350.00 by Kevin T. Snider on 10/3/2012. (Becknal, R)
6	Oct. 22, 2012	NOTICE of RELATED CASE 2:12-cv-02497 by Donald Welch. (Snider, Kevin) (Entered: 10/22/2012)	RECAP
7	Oct. 23, 2012	SUMMONS RETURNED EXECUTED: All Defendants. (Attachments: # 1 Proof of Service Anna Caballero, # 2 Proof of Service Denise Brown, # 3 Proof of Service Christine Wietlisbach, # 4 Proof of Service Patricia Lock-Dawson, # 5 Proof of Service Samara Ashley, # 6 Proof of Service Harry Douglas, # 7 Proof of Service Julia Johnson, # 8 Proof of Service Sarita Kohli, # 9 Proof of Service Renee Lonner, # 10 Proof of Service Karen Pines, # 11 Proof of Service Christina Wong, # 12 Proof of Service Sharon Levine, # 13 Proof of Service Michael Bishop, # 14 Proof of Service Silvia Diego, # 15 Proof of Service Dev Gnanadev, # 16 Proof of Service Reginald Low, # 17 Proof of Service Denise Pines, # 18 Proof of Service Janet Salomonson, # 19 Proof of Service Gerrie Schipske, # 20 Proof of Service David Serrano Sewell, # 21 Proof of Service Barbara Yaroslaysky, # 22 Proof of Service Kamala Harris)(Snider, Kevin) (Entered: 10/23/2012)	RECAP
8	Oct. 25, 2012	NON-RELATED CASE ORDER signed by Judge William B. Shubb on 10/24/2012 ORDERING 6 that case(s) 2:12-CV-2484 WBS KJN and 2:12-CV-2497 KJM EFB should NOT be related. (Reader, L) (Entered: 10/25/2012)	RECAP
9	Oct. 29, 2012	MOTION for PRELIMINARY INJUNCTION by Donald Welch. Motion Hearing set for 12/3/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Snider, Kevin) (Entered: 10/29/2012)	Clearinghouse
10	Oct. 29, 2012	MEMORANDUM by Donald Welch in SUPPORT of 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 10/29/2012)	RECAP
11	Oct. 29, 2012	DECLARATION of Donald Welch in SUPPORT OF 9 MOTION for PRELIMINARY INJUNCTION . (Attachments: # 1 Exhibit 13, # 2 Exhibit 14)(Snider, Kevin) (Entered: 10/29/2012) 1 Exhibit 13 View on PACER 2 Exhibit 14 View on PACER	RECAP
12	Oct. 29, 2012	DECLARATION of Bitzer in SUPPORT OF 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 10/29/2012)	RECAP
13	Oct. 29, 2012	DECLARATION of Anthony Duk in SUPPORT OF 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 10/29/2012)	RECAP
14	Oct. 29, 2012	REQUEST for JUDICIAL NOTICE by Donald Welch in re 9 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Snider, Kevin) (Entered: 10/29/2012)	RECAP
15	Oct. 29, 2012	REQUEST for Waiver of Bond Requirement by Donald Welch re 9 MOTION for PRELIMINARY INJUNCTION filed by Donald Welch. (Snider, Kevin) (Entered: 10/29/2012)	RECAP
16	Oct. 29, 2012	PROPOSED ORDER re preliminary injunction re 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 10/29/2012)	RECAP
17	Oct. 29, 2012	CERTIFICATE of SERVICE by Donald Welch re 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 10/29/2012)	RECAP
18	Oct. 30, 2012	NOTICE Erratum by All Plaintiffs re 11 Declaration, 9 MOTION for PRELIMINARY INJUNCTION . (Attachments: # 1 Declaration Welch, # 2 Exhibit 13, # 3 Exhibit 14)(Snider, Kevin) (Entered: 10/30/2012)	RECAP
19	Nov. 2, 2012	STIPULATION and [PROPOSED] ORDER for Extension of Time to Answer or Otherwise Respond to Complaint by Edmund G. Brown, Jr. Attorney Stein, Paul Evan added. (Stein, Paul) Modified on 11/5/2012 (Mena-Sanchez, L). (Entered: 11/02/2012)	RECAP
20	Nov. 5, 2012	MOTION to INTERVENE by Equality California. Motion Hearing set for 12/3/2012 at 2:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Attorney Dinielli, David C added. (Attachments: # 1 Memorandum, # 2 Declaration Clarissa Filgioun, # 3 Declaration Shannan Wilber, # 4 Declaration Christopher Stoll) (Dinielli, David) Modified on 11/7/2012 (Marciel, M) (Entered: 11/05/2012)	RECAP
21	Nov. 5, 2012	[PROPOSED] Intervenor Equality California's Corporate Disclosure Statement re 20 MOTION to INTERVENE . (Dinielli, David) Modified on 11/6/2012 (Mena-Sanchez, L). (Entered: 11/05/2012)	RECAP
22	Nov. 5, 2012	[PROPOSED] ORDER re 20 MOTION to INTERVENE by Equality California. (Dinielli, David) Modified on 11/6/2012 (Mena-Sanchez, L). (Entered: 11/05/2012)	RECAP
23	Nov. 5, 2012	EX PARTE APPLICATION to shorten time on Equiality California's Motion to Intervene; or in the alternative, for leave to participate in the proceedings on Plaintiffs' Motion for Preliminary Injunction by Equality California. (Dinielli, David) Modified on 11/6/2012 (Mena-Sanchez, L). (Entered: 11/05/2012)	RECAP
24	Nov. 5, 2012	[PROPOSED] ORDER re Ex Parte Application for an Order Shortening Time 23, 20 MOTION to INTERVENE by Equality California. (Dinielli, David) Modified on 11/7/2012 (Mena-Sanchez, L). (Entered: 11/05/2012)	RECAP
25	Nov. 6, 2012	NOTICE of APPEARANCE by Michelle Friedland on behalf of Equality California. Attorney Friedland, Michelle added. (Friedland, Michelle) (Entered: 11/06/2012)	RECAP
26	Nov. 6, 2012	MINUTE ORDER: (Text Only Entry) You are hereby notified that the Motion Hearing re 20 Motion to Intervene previously scheduled for 12/03/12 at 2:00 PM is vacated and RESET for 11/6/2012 at 03:30 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Souvannarath, A) (Entered: 11/06/2012)	RECAP
27	Nov. 6, 2012	STIPULATION and ORDER 19 signed by Judge William B. Shubb on 11/2/2012 extending defendants' deadline to answer to complaint to 28 days after this Court issues a decision on plaintiffs' motion for preliminary injunction. (Kirksey Smith, K) (Entered: 11/06/2012)	RECAP
28	Nov. 6, 2012	OPPOSITION by Donald Welch to 20 MOTION to INTERVENE.(Attachments: # 1 Objections to Declarations)(Snider, Kevin) Modified on 11/7/2012 (Mena-Sanchez, L). (Entered: 11/06/2012)	RECAP
29	Nov. 6, 2012	MINUTES (Text Only) for proceedings held before Judge William B. Shubb: MOTION HEARING held on 11/6/2012 re 20 Equality California's MOTION to INTERVENE. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a final order. Plaintiffs Counsel Kevin Snider present. Defendants Counsel Paul Stein, Dan Powell, Alexandra Robert Gordon, David Dinielli, Michelle Friedland present. Defendant Intervenor Counsel Shannon Minter, Christopher Stoll present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) (Entered: 11/06/2012)	RECAP
30	Nov. 7, 2012	ORDER signed by Judge William B. Shubb on 11/7/2012. On 11/6/2012, Court held oral argument on Equality Californias 20 Motion to Intervene. Good cause appearing, the 20 Motion for Intervention is DENIED without prejudice. Equality California is hereby GRANTED leave to appear as Amicus Curiae and file a Brief, together with supporting Declarations, in Opposition to plaintiffs' 9 Motion for Preliminary Injunction in accordance same schedule as defendants, and may be heard at oral argument on Motion for Preliminary Injunction. (Marciel, M) (Entered: 11/07/2012)	RECAP
31	Nov. 7, 2012	NOTICE of APPEARANCE by Alexandra Robert Gordon on behalf of all defendants. Attorney Gordon, Alexandra Robert added. (Attachments: # 1 Proof of Service)(Gordon, Alexandra) Modified on 11/8/2012 (Meuleman, A). (Entered: 11/07/2012)	RECAP
32	Nov. 16, 2012	TRANSCRIPT of Proceedings held on 11/6/12, before Judge William B. Shubb, filed by Court Reporter Kimberly Bennett, Phone number 916-442-8420 E-mail reporter.bennett@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 12/7/2012. Redacted Transcript Deadline set for 12/17/2012. Release of Transcript Restriction set for 2/14/2013. (Bennett, K) (Entered: 11/16/2012)	RECAP
33	Nov. 19, 2012	OPPOSITION TO 9 MOTION for PRELIMINARY INJUNCTION filed by Edmund G. Brown, Jr. (Gordon, Alexandra) Modified on 11/20/2012 (Kirksey Smith, K). (Entered: 11/19/2012)	RECAP
34	Nov. 19, 2012	DECLARATION of Paul Stein in OPPOSITION TO 33 MOTION for PRELIMINARY INJUNCTION Opposition Brief. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Gordon, Alexandra) (Entered: 11/19/2012) 1 Exhibit Exhibit 1 View on PACER 2 Exhibit Exhibit 2 View on PACER	RECAP
35	Nov. 19, 2012	DECLARATION of Gregory Herek in OPPOSITION TO 33 MOTION for PRELIMINARY INJUNCTION Opposition Brief. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Gordon, Alexandra) (Entered: 11/19/2012) 1 Exhibit Exhibit A View on PACER 2 Exhibit Exhibit B View on PACER	RECAP
36	Nov. 19, 2012	DECLARATION of Lee Beckstead in OPPOSITION TO 33 MOTION for PRELIMINARY INJUNCTION Opposition Brief. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Gordon, Alexandra) (Entered: 11/19/2012) 1 Exhibit Exhibit A View on PACER 2 Exhibit Exhibit B View on PACER	RECAP
37	Nov. 19, 2012	OBJECTIONS by Defendant Edmund G. Brown, Jr. (Gordon, Alexandra) (Entered: 11/19/2012)	RECAP
38	Nov. 19, 2012	PROPOSED ORDER re Evidentiary Objections re 37 Objections by Edmund G. Brown, Jr. (Gordon, Alexandra) (Entered: 11/19/2012)	RECAP
39	Nov. 19, 2012	OPPOSITION by Equality California to 9 MOTION for PRELIMINARY INJUNCTION . (Dinielli, David) (Entered: 11/19/2012)	RECAP
40	Nov. 19, 2012	DECLARATION of Douglas C. Haldeman in OPPOSITION TO 9 MOTION for PRELIMINARY INJUNCTION . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dinielli, David) (Entered: 11/19/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	RECAP
41	Nov. 19, 2012	DECLARATION of Caitlin Ryan in OPPOSITION TO 9 MOTION for PRELIMINARY INJUNCTION . (Attachments: # 1 Exhibit A)(Dinielli, David) (Entered: 11/19/2012) 1 Exhibit A View on PACER	RECAP
42	Nov. 20, 2012	NOTICE of APPEARANCE by Shannon Price Minter on behalf of Equality California. Attorney Minter, Shannon Price added. (Minter, Shannon) (Entered: 11/20/2012)	RECAP
43	Nov. 20, 2012	NOTICE of APPEARANCE by Michelle Friedland on behalf of Equality California. (Friedland, Michelle) (Entered: 11/20/2012)	RECAP
44	Nov. 20, 2012	NOTICE of APPEARANCE by Christopher Francis Stoll on behalf of Equality California. Attorney Stoll, Christopher Francis added. (Stoll, Christopher) (Entered: 11/20/2012)	RECAP
45	Nov. 20, 2012	NOTICE of Corrections to Declaration of A. Lee Beckstead by Edmund G. Brown, Jr re 36 Declaration. (Attachments: # 1 Exhibit Exhibit A)(Stein, Paul) (Entered: 11/20/2012)	RECAP
46	Nov. 20, 2012	NOTICE OF LODGING DOCUMENT IN PAPER by Equality California: CD Containing Statement of Dr. Robert Spitzer. (Dinielli, David) (Entered: 11/20/2012)	RECAP
47	Nov. 21, 2012	NOTICE of APPEARANCE by Lika Cynthia Miyake on behalf of Equality California. Attorney Miyake, Lika Cynthia added. (Miyake, Lika) (Entered: 11/21/2012)	RECAP
48	Nov. 21, 2012	NOTICE of APPEARANCE by Bram Marshall Alden on behalf of Equality California. Attorney Alden, Bram Marshall added. (Alden, Bram) (Entered: 11/21/2012)	RECAP
49	Nov. 26, 2012	REPLY by Aaron Bitzer re 9 MOTION for PRELIMINARY INJUNCTION . (Snider, Kevin) (Entered: 11/26/2012)	RECAP
50	Nov. 26, 2012	OBJECTIONS by Plaintiff Aaron Bitzer to 36 Declaration, 35 Declaration, 34 Declaration. (Snider, Kevin) (Entered: 11/26/2012)	RECAP
51	Nov. 26, 2012	OBJECTIONS by Plaintiff Aaron Bitzer to 39 Opposition to Motion, 41 Declaration, 40 Declaration. (Snider, Kevin) (Entered: 11/26/2012)	RECAP
52	Nov. 30, 2012	REQUEST for JUDICIAL NOTICE by Equality California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Dinielli, David) (Entered: 11/30/2012)	RECAP
53	Dec. 3, 2012	OBJECTIONS by Plaintiffs Aaron Bitzer, Anthony Duk, Donald Welch to 52 Request for Judicial Notice. (Snider, Kevin) (Entered: 12/03/2012)	RECAP
54	Dec. 3, 2012	MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: MOTION HEARING held on 12/3/2012 re 9 Plaintiffs' Motion for Preliminary Injunction. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs Counsel Kevin Snider, Matthew McReynolds present. Defendants Counsel Alexandra Robert Gordon present. Amicus Counsel Christopher Stoll, Shannon Price Minter, David Dinielli, Michelle Friedland present. Court Reporter: Kathy Swinhart. (Kirksey Smith, K) (Entered: 12/03/2012)	RECAP
55	Dec. 3, 2012	MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 12/3/2012 re 9 Motion for Preliminary Injunction : IT IS ORDERED that plaintiffs' motion for a preliminary injunction be, and the same hereby is, GRANTED. Pending final resolution of this action, defendants are hereby enjoined from enforcing the provisions of SB 1172 (to be codified at Cal. Bus. & Prof. Code §§ 865-865.2) as against plaintiffs Donald Welch, Anthony Duk, and Aaron Bitzer. (Kirksey Smith, K) (Entered: 12/03/2012)	Clearinghouse
56	Dec. 4, 2012	DECLARATION of Alice Kessler re 52 Request for Judicial Notice. (Friedland, Michelle) (Entered: 12/04/2012)	RECAP
57	Dec. 6, 2012	TRANSCRIPT of Proceedings, plaintiffs' motion for preliminary injunction, held on December 3, 2012, before Senior Judge William B. Shubb, filed by Court Reporter Kathy Swinhart, Phone number 916-446-1347 E-mail kswinhartcsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may also be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 12/27/2012. Redacted Transcript Deadline set for 1/7/2013. Release of Transcript Restriction set for 3/7/2013. (Swinhart, K) (Entered: 12/06/2012)	RECAP
58	Dec. 31, 2012	ANSWER to 1 Complaint by Edmund G. Brown, Jr.(Gordon, Alexandra) (Entered: 12/31/2012)	RECAP
59	Jan. 2, 2013	NOTICE of APPEAL by Samara Ashley, Michael Bishop, Denise Brown, Edmund G. Brown, Jr, Anna M. Caballero, Silvia Diego, Harry Douglas, Dev Gnana, Julia Johnson, Sarita Kohli, Sharon Levine, Patricia Lock-Dawson, Renee Lonner, Reginald Low, Denise Pines, Karen Pines, Janet Salomonson, Gerrie Schipske, David Serrano Sewell, Christine Wietlisbach, Christina Wong, Barbara Yaroslaysky as to 55 Order on Motion for Preliminary Injunction,. (Attachments: # 1 Representation Statement)(Gordon, Alexandra) (Entered: 01/02/2013)	RECAP
61	Jan. 2, 2013	MOTION to STAY by Defendants. Motion Hearing set for 2/11/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order)(Gordon, Alexandra) Modified on 1/8/2013 (Zignago, K.). (Entered: 01/02/2013)	RECAP
	Jan. 2, 2013	RECEIPT number #CAE200049480 $455.00 fbo Samara Ashley, et al. by Don Ocampo on 1/2/2013. (Michel, G)
62	Jan. 3, 2013	APPEAL PROCESSED to Ninth Circuit re 59 Notice of Appeal filed by David Serrano Sewell, Edmund G. Brown, Jr., Samara Ashley, Denise Pines, Gerrie Schipske, Renee Lonner, Karen Pines, Harry Douglas, Sarita Kohli, Julia Johnson, Sharon Levine, Denise Brown, Christine Wietlisbach, Janet Salomonson, Patricia Lock-Dawson, Silvia Diego, Barbara Yaroslaysky, Christina Wong, Dev Gnana, Reginald Low, Anna M. Caballero, Michael Bishop. Filed dates for Notice of Appeal 1/2/2013, Complaint 10/1/2012 and Appealed Order / Judgment 12/3/2012. Court Reporter: Kathy Swinhart. Fee Status: Paid on 1/2/2013 in the amount of $455.00 ** Hearing Dates of 12/3/2012 (Attachments: # 1 Appeal Information, # 2 Certificate of Record) (Waggoner, D) (Entered: 01/03/2013)	RECAP
63	Jan. 4, 2013	JOINT STATUS REPORT by Aaron Bitzer. (Snider, Kevin) (Entered: 01/04/2013)	RECAP
64	Jan. 4, 2013	TRANSCRIPT REQUEST by Samara Ashley, Michael Bishop, Denise Brown, Edmund G. Brown, Jr., Anna M. Caballero, Silvia Diego, Harry Douglas, Dev Gnana, Julia Johnson, Sarita Kohli, Sharon Levine, Patricia Lock-Dawson, Renee Lonner, Reginald Low, Denise Pines, Karen Pines, Janet Salomonson, Gerrie Schipske, David Serrano Sewell, Christine Wietlisbach, Christina Wong, Barbara Yaroslaysky. (Gordon, Alexandra) Modified on 1/7/2013 (Michel, G). (Entered: 01/04/2013)	RECAP
65	Jan. 15, 2013	MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is continued from 1/22/2013 to 3/4/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb, pending hearing on 61 Defendants' Motion to Stay now set for hearing on 2/11/ 2013. An Amended Joint Status Report shall be filed no later than 2/19/2013. (Kirksey Smith, K) Modified on 1/17/2013 (Kirksey Smith, K). (Entered: 01/15/2013)	RECAP
66	Jan. 28, 2013	OPPOSITION by Aaron Bitzer to 61 MOTION to STAY. (Snider, Kevin) (Entered: 01/28/2013)	RECAP
67	Feb. 1, 2013	USCA CASE NUMBER 13-15023 for 59 Notice of Appeal,, filed by David Serrano Sewell, Edmund G. Brown, Jr., Samara Ashley, Denise Pines, Gerrie Schipske, Renee Lonner, Karen Pines, Harry Douglas, Sarita Kohli, Julia Johnson, Sharon Levine, Denise Brown, Christine Wietlisbach, Janet Salomonson, Patricia Lock-Dawson, Silvia Diego, Barbara Yaroslaysky, Christina Wong, Dev Gnana, Reginald Low, Anna M. Caballero, Michael Bishop. (Zignago, K.) (Entered: 02/01/2013)	RECAP
68	Feb. 4, 2013	MEMORANDUM by Samara Ashley, Michael Bishop, Denise Brown, Edmund G. Brown, Jr, Anna M. Caballero, Silvia Diego, Harry Douglas, Dev Gnana, Julia Johnson, Sarita Kohli, Sharon Levine, Patricia Lock-Dawson, Renee Lonner, Reginald Low, Denise Pines, Karen Pines, Janet Salomonson, Gerrie Schipske, David Serrano Sewell, Christine Wietlisbach, Christina Wong, Barbara Yaroslaysky in SUPPORT of 61 MOTION to STAY. (Gordon, Alexandra) (Entered: 02/04/2013)	RECAP
69	Feb. 7, 2013	ORDER signed by Senior Judge William B. Shubb on 2/6/13 GRANTING 61 Motion to Stay. All proceedings in this action are hereby STAYED pending the appeal in 2:12cv2497. The 2/11/13 Motion Hearing is VACATED. (Manzer, C) (Entered: 02/07/2013)	Clearinghouse
70	April 1, 2013	TRANSMITTED RECORD on APPEAL to USCA # 13-15023 re 59 Notice of Appeal,,. * Volumes of Expandable Folders: 1 EL of CD copy of statement.* (Donati, J) (Entered: 04/01/2013)	RECAP
	April 1, 2013	ACKNOWLEDGEMENT OF RECEIPT of CD copy of the Statement of Dr. Robert Spitzer from David Dinielli for Equality California re: 46 Notice of Lodging. (TEXT ONLY ENTRY) (Donati, J)
71	Sept. 30, 2013	MINUTE ORDER (TEXT ONLY): The Court is in receipt of the Ninth Circuit Mandate and Opinion filed on 8/29/2013, and hereby orders a Status Conference set for 11/12/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. A Joint Status Report shall be filed no later than 10/28/2013. (Kirksey Smith, K) (Entered: 09/30/2013)	RECAP
72	Sept. 30, 2013	USCA OPINION as to 59 Notice of Appeal. Decision of district court REVERSED. (Donati, J) (Entered: 09/30/2013)	RECAP
73	Oct. 10, 2013	STIPULATION and PROPOSED ORDER for Continuance of Status Conference by Donald Welch. (Attachments: # 1 Proposed Order)(Snider, Kevin) (Entered: 10/10/2013) 1 Proposed Order View on PACER	RECAP
74	Oct. 11, 2013	STIPULATION and ORDER 73 signed by Senior Judge William B. Shubb on 10/10/13 ORDERING the Status Conference CONTINUED to 2/18/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 2/4/2014. (Kastilahn, A) (Entered: 10/11/2013)	RECAP
75	Jan. 24, 2014	STIPULATION re joint status report 74 Stipulation and Order. by Donald Welch. (Attachments: # 1 Proposed Order)(Snider, Kevin) Modified on 1/27/2014 (Kaminski, H). (Entered: 01/24/2014)	RECAP
76	Jan. 28, 2014	STIPULATION and ORDER for continuance 75 signed by Senior Judge William B. Shubb on 1/28/2014 resetting the Scheduling Conference for 4/28/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 4/14/2014. (Kirksey Smith, K) (Entered: 01/28/2014)	RECAP
77	Jan. 29, 2014	USCA ORDER AND AMENDED OPINION as to 59 Notice of Appeal: The Order granting preliminary relief in Welch, No. 13-15023, is REVERSED. Case REMANDED for further proceedings consistent with this opinion. (Kastilahn, A) (Entered: 01/30/2014)	RECAP
78	Feb. 21, 2014	MANDATE of USCA as to 59 Notice of Appeal: The judgment of this Court, entered 8/29/2013, and amended 1/29/2014, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Kastilahn, A) (Entered: 02/24/2014)	RECAP
79	April 14, 2014	JOINT STATUS REPORT by Donald Welch. (Snider, Kevin) (Entered: 04/14/2014)	RECAP
80	April 23, 2014	MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is continued from 4/28/2014 to 9/29/2014 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb, pending resolution of the Petition for Writ of Certiorari. The Scheduling Conference shall be automatically vacated upon issuance of said Writ. An amended Joint Status Report shall be filed no later than 9/15/2014, if the matter is to proceed on 9/29/2014. (Kirksey Smith, K) (Entered: 04/23/2014)	RECAP
81	May 1, 2014	DESIGNATION of COUNSEL for SERVICE. Attorney William David Temko added for Equality California, attorney David C Dinielli terminated. (Miyake, Lika) Modified on 5/1/2014 (Marciel, M) (Entered: 05/01/2014)	RECAP
82	Sept. 12, 2014	AMENDED JOINT STATUS REPORT by Aaron Bitzer. (Snider, Kevin) Modified on 9/15/2014 (Kaminski, H). (Entered: 09/12/2014)	RECAP
83	Sept. 29, 2014	MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: SCHEDULING CONFERENCE held on 9/29/2014. Court and counsel discussed scheduling of the case. Court ORDERED defendants to submit a supplemental brief no later than October 1, 2014. Plaintiffs to submit any supplemental reply brief no later than October 8, 2014. Further Scheduling Conference set for 11/3/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiffs Counsel Kevin Snider present. Defendants Counsel Alexandra Gordon and Christopher Stoll (Counsel for Amicus party) present. Court Reporter/CD Number: Kelly O'Halloran. (Shaddox-Waldrop, A) (Entered: 09/29/2014)	RECAP
84	Sept. 30, 2014	DESIGNATION OF COUNSEL FOR SERVICE: Attorneys Katherine Melanie Forster for Equality California; Attorneys Lika Cynthia Miyake, Bram Marshall Alden, Michelle Friedland TERMINATED. (Forster, Katherine) Modified on 10/1/2014 (Michel, G). (Entered: 09/30/2014)	RECAP
85	Oct. 1, 2014	RESPONSE by Edmund G. Brown, Jr to 10 Memorandum in Support of Motion. (Gordon, Alexandra) (Entered: 10/01/2014)	RECAP
86	Oct. 8, 2014	SUPPLEMENT BRIEF - Reply Letter by Aaron Bitzer. (Snider, Kevin) Modified on 10/8/2014 (Marciel, M) (Entered: 10/08/2014)	RECAP
87	Nov. 3, 2014	MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: MOTION HEARING held on 11/3/2014 re 9 Plaintiff's MOTION for PRELIMINARY INJUNCTION. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs Counsel Kevin Snider present. Defendants Counsel Alexandra Robert Gordon, Tamar Pachter, Christopher Stoll (deft intervnr) present. Court Reporter: Michelle Babbitt. (Kirksey Smith, K) (Entered: 11/03/2014)	RECAP
88	Nov. 5, 2014	MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 11/4/14 ORDERING that Plaintiffs' MOTION for a Preliminary Injunction 9 is DENIED.(Mena-Sanchez, L) (Entered: 11/05/2014)	Clearinghouse
89	Dec. 4, 2014	JOINT REQUEST for Scheduling Order by Aaron Bitzer. (Snider, Kevin) Modified on 12/5/2014 (Meuleman, A). (Entered: 12/04/2014)	RECAP
90	June 1, 2015	MOTION for JUDGMENT on the Pleadings by Defendants. Motion Hearing set for 6/29/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Gordon, Alexandra) Modified on 6/3/2015 (Kastilahn, A). (Entered: 06/01/2015)	RECAP
91	June 8, 2015	STIPULATION re 90 MOTION for JUDGMENT on the Pleadings by Donald Welch. (Attachments: # 1 Proposed Order)(Snider, Kevin) (Entered: 06/08/2015)	RECAP
92	June 9, 2015	STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/9/15 re 91 . The hearing on 90 MOTION for JUDGMENT is CONTINUED to 7/27/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Plaintiffs' opposition brief is due 7/13/15; Defendants' reply brief due 7/20/15. (Meuleman, A) (Entered: 06/09/2015)	RECAP
93	July 13, 2015	OPPOSITION by Aaron Bitzer to 90 MOTION for JUDGMENT on the Pleadings. (Snider, Kevin) (Entered: 07/13/2015)	RECAP
94	July 13, 2015	REQUEST for JUDICIAL NOTICE by Aaron Bitzer in re 93 Opposition to Motion. (Attachments: # 1 APA Report)(Snider, Kevin) (Entered: 07/13/2015)	RECAP
95	July 13, 2015	DECLARATION of Donald Welch in OPPOSITION TO 90 MOTION for JUDGMENT on the Pleadings. (Snider, Kevin) (Entered: 07/13/2015)	RECAP
96	July 20, 2015	REPLY in support of 90 Motion for Judgment on the Pleadings by Edmund G. Brown, Jr. (Attachments: # 1 Objections to Plaintiffs' Evidence, # 2 Proof of Service) (Gordon, Alexandra) Modified on 7/21/2015 (Michel, G.). (Entered: 07/20/2015)	RECAP
97	July 21, 2015	ORDER signed by Senior Judge William B. Shubb on 7/21/2015 ORDERING that defendants' 90 motion for judgment on the pleadings be, and the same hereby is, GRANTED; the clerk is instructed to enter judgment in favor of defendants on all claims and close the case. CASE CLOSED(Reader, L) (Entered: 07/21/2015)	Clearinghouse
98	July 21, 2015	JUDGMENT dated 7/21/2015 in favor of Defendants against Plaintiffs pursuant to order, signed by Senior Judge William B. Shubb on 7/21/2015. (Reader, L) (Entered: 07/21/2015)	RECAP
99	Aug. 10, 2015	NOTICE OF APPEAL as to 98 Judgment by Anthony Duk. (Filing fee $505.00, receipt number 0972-6024352) (Attachments: # 1 Statement of Issues, # 2 Docketing Statement, # 3 Copy of Judgment, # 4 Copy of Order re Judgment on Pleadings) (Snider, Kevin) Modified on 8/11/2015 (Michel, G.). (Entered: 08/10/2015)	RECAP