Public Access to Court Electronic Records Docket Report Output Menu Docket for case 3:95cv00582 consists of 23 pages. Case was last updated on: 11/25/97 . Report was generated on: 11/06/97 . X---------------------------------------------------------------------------X PACER session date: Sunday May 24, 1998 10:41:08 AM PDT Case docket was last updated on: 11/25/97. Docket as of November 6, 1997 9:40 pm Page 1 Proceedings include all events. TERMED 3:95cv582 Bernstein v. US Dept. of State, et al APPEAL TERMED APPEAL U.S. District Court U.S. District for the Northern District of California (S.F.) CIVIL DOCKET FOR CASE #: 95-CV-582 Bernstein v. US Dept. of State, et al Filed: 02/21/95 Assigned to: Judge Marilyn Hall Patel Demand: $0,000 SES Nature of Suit: 440 Lead Docket: None Jurisdiction: US Defendant Dkt# in other court: None Cause: 05:551 Administrative Procedure Act [Final pages only] ********** Docket as of November 6, 1997 9:40 pm Page 15 Proceedings include all events. TERMED 3:95cv582 Bernstein v. US Dept. of State, et al APPEAL [Entry date 07/29/96] 7/26/96 72696 DECLARATION by Brian Behlendorf on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba) [Entry date 07/29/96] 7/26/96 60 DECLARATION by Matthew Bishop on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba) [Entry date 07/29/96] 7/26/96 61 DECLARATION by Dr. Andrew W. Appel on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba) [Entry date 07/29/96] 7/26/96 62 DECLARATION by Harold Abelson on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba) [Entry date 07/29/96] 7/26/96 63 DECLARATION by on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba) [Entry date 07/29/96] 7/26/96 64 DECLARATION by Lee Tien on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba) [Entry date 07/29/96] 7/26/96 65 PROOF OF SERVICE by Plaintiff of declaration [64-1], declaration [63-1], declaration [62-1], declaration [61-1], declaration [60-1], declaration [72696-1], declaration [58-1], declaration [57-1], declaration [56-1], declaration [55-1], declaration [54-1], declaration [53-1], declaration [52-1], declaration [51-1], declaration [50-1], memorandum [49-1], motion for partial summary judgment [48-1], motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba) [Entry date 07/29/96] 8/30/96 66 OPPOSITION by Plaintiff to defendant's motion for summary judgment [41-1] [3:95-cv-00582] (gba) [Entry date 09/03/96] 8/30/96 67 DECLARATION by Matt Blaze on behalf of Plaintiff re opposition [66-1] [3:95-cv-00582] (gba) [Entry date 09/03/96] 8/30/96 68 DECLARATION by Cindy A. Cohn on behalf of Plaintiff re opposition [66-1] [3:95-cv-00582] (gba) [Entry date 09/03/96] Docket as of November 6, 1997 9:40 pm Page 16 Proceedings include all events. TERMED 3:95cv582 Bernstein v. US Dept. of State, et al APPEAL 8/30/96 69 SECOND DECLARATION by Cindy A. Cohn on behalf of Plaintiff re opposition [66-1] [3:95-cv-00582] (gba) [Entry date 09/03/96] 8/30/96 70 PROOF OF SERVICE by Plaintiff of declaration [69-1], declaration [68-1], declaration [67-1], opposition [66-1] [3:95-cv-00582] (gba) [Entry date 09/03/96] 8/30/96 71 OPPOSITION by defendant to plaintiff's motion for partial summary judgment [48-1] [3:95-cv-00582] (gba) [Entry date 09/03/96] 8/30/96 72 DECLARATION by Charles Ray on behalf of defendant re opposition [71-1] [3:95-cv-00582] (gba) [Entry date 09/03/96] 8/30/96 73 DECLARATION by Anthony J. Coppolino on behalf of defendant re opposition [71-1] [3:95-cv-00582] (gba) [Entry date 09/03/96] 9/11/96 74 NOTICE of hearing by Plaintiff setting hearing on motion for preliminary injunction on 11/1/96 at 10:30 a.m. [3:95-cv-00582] (gba) 9/11/96 75 JOINT STATEMENT of undisputed facts by Plaintiff, defendant in support of motion for partial summary judgment [48-1], in support of motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba) 9/13/96 76 EVIDENTIARY OBJECTIONS by defendant to plaintiff's documentary exhibits and declarations [3:95-cv-00582] (gba) 9/13/96 77 EXHIBIT list with plaintiff's objections and index of objections re: cross motions for summary judgment by Plaintiff [3:95-cv-00582] (gba) [Entry date 09/16/96] 9/13/96 78 DECLARATION by Charles Ray on behalf of defendant [3:95-cv-00582] (gba) [Entry date 09/16/96] 9/13/96 79 DECLARATION by Anthony J. Coppolino on behalf of defendant [3:95-cv-00582] (gba) [Entry date 09/16/96] 9/13/96 80 DECLARATION by William P. Crowell on behalf of defendant [3:95-cv-00582] (gba) [Entry date 09/16/96] 9/13/96 81 SECOND DECLARATION by William J. Crowell on behalf of defendant [3:95-cv-00582] (gba) [Entry date 09/16/96] 9/13/96 82 REPORTER'S TRANSCRIPT; Date of proceedings: 6/5/96 (C/R: Diane E. Skillman) minutes [37-2] [3:95-cv-00582] (gba) [Entry date 09/16/96] Docket as of November 6, 1997 9:40 pm Page 17 Proceedings include all events. TERMED 3:95cv582 Bernstein v. US Dept. of State, et al APPEAL 9/20/96 83 MINUTES: (C/R Carl Pline) that the motion for partial summary judgment [48-1] is submitted, that the motion for summary adjudication of issues [48-2] is submitted, that the motion for summary judgment [41-1] is submitted [3:95-cv-00582] (gba) [Entry date 09/24/96] 10/3/96 84 LETTER dated 9/24/96 from Cindy A. Cohn confirming that the hearing on motion for preliminary injunction has been continued from 11/1/96 to 11/8/96. [3:95-cv-00582] (gba) [Entry date 10/04/96] 10/4/96 85 NOTICE OF MOTION AND MOTION before Judge Marilyn H. Patel by Plaintiff for preliminary injunction with Notice set for 11/8/96 10:30 [3:95-cv-00582] (gba) [Entry date 10/07/96] 10/4/96 86 MEMORANDUM of points and authorities by Plaintiff in support of motion for preliminary injunction [85-1] [3:95-cv-00582] (gba) [Entry date 10/07/96] 10/4/96 87 DECLARATION by Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba) [Entry date 10/07/96] 10/4/96 88 DECLARATION by Robert V. Prior on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba) [Entry date 10/07/96] 10/4/96 89 DECLARATION by Margery B. Passett on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba) [Entry date 10/07/96] 10/4/96 90 DECLARATION by John Wanat on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba) [Entry date 10/07/96] 10/4/96 91 DECLARATION by Julie M. Smith on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba) [Entry date 10/07/96] 10/4/96 92 DECLARATION by Julia F. Kogan on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba) [Entry date 10/07/96] 10/4/96 -- RECEIVED Proposed Order (Plaintiff) re: motion for preliminary injunction [85-1] [3:95-cv-00582] (gba) [Entry date 10/07/96] 10/4/96 93 PROOF OF SERVICE by Plaintiff of order received [0-0], declaration [92-1], declaration [91-1], declaration [90-1], declaration [89-1], declaration [88-1], declaration [87-1], memorandum [86-1], motion for preliminary injunction [85-1] [3:95-cv-00582] (gba) [Entry date 10/07/96] Docket as of November 6, 1997 9:40 pm Page 18 Proceedings include all events. TERMED 3:95cv582 Bernstein v. US Dept. of State, et al APPEAL 10/4/96 94 REPORTER'S TRANSCRIPT; Date of proceedings: 9/20/96 (C/R: Carl Pline) minutes [83-1] [3:95-cv-00582] (gba) [Entry date 10/07/96] 10/18/96 95 SECOND DECLARATION by Anthony J. Coppolino on behalf of defendant [3:95-cv-00582] (gba) 10/18/96 96 OPPOSITION by defendant to plaintiff's motion for preliminary injunction [85-1] [3:95-cv-00582] (gba) [Entry date 10/21/96] 10/25/96 97 REPLY by Plaintiff to opposition to motion for preliminary injunction [85-1] [3:95-cv-00582] (ml) [Entry date 10/29/96] 10/25/96 98 DECLARATION by Cindy A. Cohm on behalf of Plaintiff re motion reply [97-1] [3:95-cv-00582] (ml) [Entry date 10/29/96] 10/25/96 99 DECLARATION by Julia Kogan on behalf of Plaintiff re motion reply [97-1] [3:95-cv-00582] (ml) [Entry date 10/29/96] 10/25/96 100 OBJECTIONS by Plaintiff to evidence in opposition to preliminary injunction motion [3:95-cv-00582] (ml) [Entry date 10/29/96] 10/28/96 101 NOTICE by Plaintiff of unpubliched opinion in American Civil Liberties Union v. Reno Cited in plaintiff's motion for preliminary injunction [3:95-cv-00582] (gba) [Entry date 11/05/96] 11/1/96 102 DECLARATION by Mary E. Kostel on behalf of defendant [3:95-cv-00582] (gba) [Entry date 11/05/96] 11/1/96 103 DECLARATION by Anthony J. Coppolino on behalf of defendant re: response to declaration of Cindy Cohn [3:95-cv-00582] (gba) [Entry date 11/05/96] 11/1/96 104 EVIDENTIARY OBJECTIONS by defendant to plaintiff's documentary exhibits and declarations submitted with plaintiff's motion for a preliminary injunction [3:95-cv-00582] (gba) [Entry date 11/05/96] 11/8/96 105 LETTER dated 11/6/96 from Cindy A. Cohn confirming submission of motion on the papers [3:95-cv-00582] (ml) [Entry date 11/13/96] 11/26/96 106 NOTICE by defendant of filing of Presidential Executive Order 13026 [3:95-cv-00582] (gba) [Entry date 11/27/96] Docket as of November 6, 1997 9:40 pm Page 19 Proceedings include all events. TERMED 3:95cv582 Bernstein v. US Dept. of State, et al APPEAL 12/9/96 107 MEMORANDUM AND ORDER: by Judge Marilyn H. Patel : IT IS HEREBY ORDERED that plaintiff's motion for summary judgment is GRANTED in part and DENIED in part [48-1]. Defendants' motion for summary judgment is likewise GRANTED in part and DENIED in part. Plaintiff's motion for preliminary injunction is DENIED without prejudice. (Date Entered: 12/16/96) (cc: all counsel) [3:95-cv-00582] (gba) [Entry date 12/16/96] 1/14/97 108 EXPEDITED MOTION with memorandum of points and authorities before Judge Marilyn H. Patel by Plaintiff for leave to file supplemental pleading [3:95-cv-00582] (gba) [Entry date 01/15/97] 1/14/97 -- RECEIVED stipulation for teaching during the Spring 1997 Semester submitted by defendant [3:95-cv-00582] (gba) [Entry date 01/15/97] 1/14/97 -- RECEIVED Proposed Order (Plaintiff) re: motion for leave to file supplemental pleading [108-1] [3:95-cv-00582] (gba) [Entry date 01/15/97] 1/14/97 -- RECEIVED supplemental complaint submitted by Plaintiff [3:95-cv-00582] (gba) [Entry date 01/15/97] 1/21/97 109 EX-PEDITED MOTION before Judge Marilyn H. Patel by defendant for leave to file a motion for reconsideration [3:95-cv-00582] (gba) 1/21/97 110 RESPONSE by defendant re plaintiff's motion for leave to file supplemental pleading [108-1] [3:95-cv-00582] (gba) 1/21/97 111 CLERK'S NOTICE Case Management Statement is due 3/14/97 ; Case Management Conference set for 9:30 3/21/97 ; [3:95-cv-00582] (gba) [Entry date 01/22/97] 1/27/97 112 OPPOSITION by Plaintiff to defendant's motion for leave to file a motion for reconsideration [109-1] [3:95-cv-00582] (gba) [Entry date 01/29/97] 1/27/97 112 REPLY by Plaintiff to defendants' request for clarification [3:95-cv-00582] (gba) [Entry date 01/29/97] [Edit date 01/29/97] 1/27/97 -- RECEIVED Proposed Order (Plaintiff) re: opposition [112-1] [3:95-cv-00582] (gba) [Entry date 01/29/97] 2/19/97 -- RECEIVED amendment to stipulation for teaching during the spring 1997 semester submitted by Plaintiff, defendant [3:95-cv-00582] (gba) 3/3/97 -- RECEIVED amended stipulation for teaching during the spring 1997 semester submitted by Plaintiff, defendant [3:95-cv-00582] (gba) Docket as of November 6, 1997 9:40 pm Page 20 Proceedings include all events. TERMED 3:95cv582 Bernstein v. US Dept. of State, et al APPEAL 3/7/97 113 AMENDED STIPULATION and ORDER by Judge Marilyn H. Patel : re: teaching during the Spring 1997 Semester (cc: all counsel) [3:95-cv-00582] (gba) [Entry date 03/10/97] [Edit date 03/11/97] 3/14/97 114 THIRD JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:95-cv-00582] (gba) 3/21/97 115 MINUTES: (C/R not reported) Further case management conference - held ; Matter was continued to 6/6/97 at 10:30 for motion to dismiss certain defendants (25 pp: 4/25/96 - opening briefs w/ joint statement of fact, 5/16/97 - oppositions) ; [3:95-cv-00582] (gba) [Entry date 03/24/97] 3/28/97 116 NOTICE by defendant of filing proposed order re: defendants' motion for leave to file a motion for reconsideration [3:95-cv-00582] (gba) 4/11/97 117 ORDER by Judge Marilyn H. Patel GRANTING plaintiff's motion for leave to file supplemental pleading [108-1] (cc: all counsel) [3:95-cv-00582] (gba) [Entry date 04/14/97] 4/16/97 118 FIRST SUPPLEMENTAL COMPLAINT by Plaintiff re [1-1] [3:95-cv-00582] (gba) [Entry date 04/17/97] 4/18/97 119 PROOF OF SERVICE by Plaintiff of order [117-1] [3:95-cv-00582] (gba) 4/21/97 120 NOTICE OF MOTION AND MOTION before Judge Marilyn H. Patel by Plaintiff for summary judgment and/or for summary adjudication with Notice set for 6/6/97 10:00 a.m. [3:95-cv-00582] (gba) [Entry date 04/22/97] 4/21/97 121 MEMORANDUM of points and authorities by Plaintiff in support of motion for summary judgment [120-1], of motion for summary adjudication [120-2] [3:95-cv-00582] (gba) [Entry date 04/22/97] 4/21/97 122 REQUEST FOR JUDICIAL NOTICE by Plaintiff motion for summary judgment [120-1], motion for summary adjudication [120-2] [3:95-cv-00582] (gba) [Entry date 04/22/97] 4/21/97 123 DECLARATION by Gino J. Scarselli on behalf of Plaintiff re motion for summary judgment [120-1], re motion for summary adjudication [120-2] [3:95-cv-00582] (gba) [Entry date 04/22/97] 4/21/97 124 DECLARATION by Catherine A. Wimberly on behalf of Plaintiff re request [122-1] [3:95-cv-00582] (gba) [Entry date 04/22/97] Docket as of November 6, 1997 9:40 pm Page 21 Proceedings include all events. TERMED 3:95cv582 Bernstein v. US Dept. of State, et al APPEAL 4/21/97 125 DECLARATION by John R. Liebman on behalf of Plaintiff re motion for summary judgment [120-1], re motion for summary adjudication [120-2] [3:95-cv-00582] (gba) [Entry date 04/22/97] 4/21/97 -- RECEIVED proposed judgment submitted by Plaintiff re: [120-1], re: [120-2] [3:95-cv-00582] (gba) [Entry date 04/22/97] 4/21/97 -- RECEIVED Proposed Order (Plaintiff) re: motion for summary judgment [120-1] [3:95-cv-00582] (gba) [Entry date 04/22/97] 4/25/97 126 SECOND MOTION with memorandum in support before Judge Marilyn H. Patel by defendant for summary judgment with Notice set for 6/6/97 10:30 [3:95-cv-00582] (gba) 4/25/97 127 RESUBMISSION OF JOINT STATEMENT of undisputed facts by defendant in support of motion for summary judgment [126-1] [3:95-cv-00582] (gba) 4/25/97 128 DECLARATION by William J. Lowell on behalf of defendant re motion for summary judgment [126-1] [3:95-cv-00582] (gba) 4/25/97 -- RECEIVED Proposed Order (defendant) re: motion for summary judgment [126-1] [3:95-cv-00582] (gba) 5/6/97 129 EX-PEDITED MOTION before Judge Marilyn H. Patel by defendant to extend time to file opposition [3:95-cv-00582] (gba) [Entry date 05/07/97] 5/6/97 -- RECEIVED Proposed Order (defendant) re: motion to extend time to file opposition [129-1] [3:95-cv-00582] (gba) [Entry date 05/07/97] 5/6/97 131 LETTER dated 5/2/97 from Cindy A. Cohn confirming that the cross-motions for summary judgment scheduled for 6/6/97 has been continued to 6/18/97 at 10:00 [3:95-cv-00582] (gba) [Entry date 05/12/97] 5/7/97 130 ORDER by Judge Marilyn H. Patel granting defendant's motion to extend time to file opposition [129-1] (Date Entered: 5/7/97) (cc: all counsel) [3:95-cv-00582] (gba) [Entry date 05/08/97] 5/23/97 132 OPPOSITION by defendant to plaintiff's motion for summary judgment [120-1] [3:95-cv-00582] (gba) 5/23/97 132 REPLY by defendant in support of defendants' motion to dismiss and for summary judgment [3:95-cv-00582] (gba) 5/23/97 133 EVIDENTIARY OBJECTIONS by defendant to plaintiff's second summary judgment declaration and exhibits [3:95-cv-00582] (gba) Docket as of November 6, 1997 9:40 pm Page 22 Proceedings include all events. TERMED 3:95cv582 Bernstein v. US Dept. of State, et al APPEAL 5/23/97 134 OPPOSITION by Plaintiff to defendants' second motion for summary judgment [126-1] [3:95-cv-00582] (gba) 5/23/97 135 DECLARATION by Plaintiff re opposition [134-1] [3:95-cv-00582] (gba) 5/23/97 136 DEFENDANT'S EXHIBIT LIST by Plaintiff with plaintiff's objections and index of objections re: second set of cross motions for summary judgment [3:95-cv-00582] (gba) 6/18/97 137 MINUTES: (C/R Debra Acevedo-Ramirez) Arguments heard re pending motions. Matter taken under submission. [3:95-cv-00582] (gba) [Entry date 06/24/97] 7/2/97 138 NOTICE by Plaintiff of related decisions [3:95-cv-00582] (gba) 8/25/97 139 OPINION by Judge Marilyn H. Patel that plaintiff's motion for summary judgment is GRANTED in part and DENIED in part [126-1], defendants' motion for summary judgment is DENIED in part and GRANTED in part [120-1], please see order more details (Date Entered: 8/27/97) (cc: all counsel) [3:95-cv-00582] (gba) [Entry date 08/27/97] 8/25/97 -- Docket Modification (Administrative) to order [139-1] dismissing case [3:95-cv-00582] (gba) [Entry date 11/03/97] 8/28/97 140 EX-PARTE MOTION before Judge Marilyn H. Patel by defendant to stay pending appeal [3:95-cv-00582] (gba) 8/28/97 141 DECLARATION by Anthony J. Coppolino on behalf of defendant re motion to stay pending appeal [140-1] [3:95-cv-00582] (gba) 8/28/97 -- RECEIVED Proposed Order (defendant) re: motion to stay pending appeal [140-1] [3:95-cv-00582] (gba) 8/28/97 142 MINUTES: (C/R Rhonda Aquilina) (Hearing Date: 8/28/97) Phone conference - defendants' motion for stay pending appeal & to shorten time - GRANTED in part/DENIED in part. Counsel to prepare order. [3:95-cv-00582] (gba) [Entry date 08/29/97] 8/28/97 143 OPPOSITION by Plaintiff to defendant's motion to stay pending appeal [140-1] [3:95-cv-00582] (gba) [Entry date 08/29/97] 9/8/97 144 NOTICE OF APPEAL by defendant from Dist. Court decision order [139-1], order [107-1], order [35-1] Fee status exempt [3:95-cv-00582] (gba) [Entry date 09/09/97] 9/8/97 -- Copy of notice of appeal and docket sheet to all counsel [3:95-cv-00582] (gba) [Entry date 09/09/97] Docket as of November 6, 1997 9:40 pm Page 23 Proceedings include all events. TERMED 3:95cv582 Bernstein v. US Dept. of State, et al APPEAL 9/8/97 -- Docket fee notification form and case information sheet to USCA [144-1] [3:95-cv-00582] (gba) [Entry date 09/09/97] 9/9/97 145 ORDER by Judge Marilyn H. Patel granting defendant's motion to stay pending appeal [140-1] (Date Entered: 9/10/97) (cc: all counsel) [3:95-cv-00582] (gba) [Entry date 09/10/97] 9/9/97 146 MINUTES: (C/R Debra Acevedo-Ramirez) (Hearing Date: 9/9/97) Phone conference - signing of stay pending appeal order. The parties have agreed to the form of the order. The court reporter is to transcribe today's proceedings so that it accompanies the stay pending appeal order to the 9th Circuit. [3:95-cv-00582] (gba) [Entry date 09/10/97] 9/22/97 -- NOTIFICATION by Circuit Court of Appellate Docket Number 97-16686 [3:95-cv-00582] (gba) [Entry date 09/23/97] 10/10/97 147 TRANSCRIPT DESIGNATION and Ordering Form filed by defendant for dates 10/20/95, 9/20/96, 6/6/97 & 9/9/97 ; appeal [144-1] [3:95-cv-00582] (gba) [Entry date 10/22/97] 11/6/97 148 REPORTER'S TRANSCRIPT; Date of proceedings: 6/18/97 (C/R: Debra L. Ramirez) minutes [137-2] [3:95-cv-00582] (gba) [END OF DOCKET: 3:95cv582] X---------------------------------------------------------------------------X