2024 QUARTERLY Summaries on Court Record Access Cases:
2Q UPDATE JUNE 2024
Under Advisement at the Appellate Level:
Smith (f/k/a Hade) (Fourth Circuit): Appellant (CNS) Scheduled for Oral Argument Week of December 5-8, 2023. [Note: Set for December 7, 2023 Part II, 9:30 am; https://www.ca4.uscourts.gov/cal/internetcaldec052023ric.pdf
Corsones (f/k/a Gabel) (Second Circuit): Under Advisement. Oral Argument Held on April 10, 2023 can be found here: https://ww3.ca2.uscourts.gov/decisions/isysquery/73da7e54-bf98-4148-9cac-a9787e9aa47c/456/doc/21-3098.mp3
NEW FILINGS in the federal district courts:
| Gould et al (4:24-cv-00368) | 4/26/24 | ED TX |
| Sattizahn et al (4:24-cv-04051) | 03/15/24 | SD |
| Dempson (1:24-cv-00726) | 03/13/24 | DC |
Active in the federal District Courts:
| Foley Montgomery County Clerk 1:23-cv-00705 | 10/30/23 | WD OH | Discovery Due |
| McGeever 2:2023cv01459 | 8/15/23 | WD PA | Motion to Dismiss Under Advisement |
| Shorba 0:23-cv-02198 | 7/24/23 | D Minn | SETTLEMENT Statements Due |
| Boyce 5:2023cv00280 | 5/25/23 | ED NC | Discovery Due |
| Parikh (fka HCty) 1:21-cv-00197 | 3/21 | OH | SETTLEMENT Conference |
| Omundsom 1:21-cv-00305 | 7/21 | ID | Matter taken under advisement with a written decision to be forthcoming. |
| Cozine 3:21-cv-00680 | 5/21 | OR | PreTrial Conference |
| Harris 1:22-cv-00548 | 3/22 | MD | Motions to file Sur Replies UNDER ADVISEMENT |
Closed or soon to be closed in the federal district courts:
| Gast 4:2023cv00169 | 5/19/23 | Iowa | SETTLED Closing documents due |
| New Mexico 0:21-cv-02135 | 7/21 | D NM | ECF 126 Consent Judgment |
Filed in State Courts: NONE
1Q UPDATE MARCH 2024
Under Advisement at the Appellate Level:
Smith (f/k/a Hade) (Fourth Circuit): Appellant (CNS) Scheduled for Oral Argument Week of December 5-8, 2023. [Note: Set for December 7, 2023 Part II, 9:30 am; https://www.ca4.uscourts.gov/cal/internetcaldec052023ric.pdf
Corsones (f/k/a Gabel) (Second Circuit): Under Advisement. Oral Argument Held on April 10, 2023 can be found here: https://ww3.ca2.uscourts.gov/decisions/isysquery/73da7e54-bf98-4148-9cac-a9787e9aa47c/456/doc/21-3098.mp3
Active the federal district courts:
| Montgomery County Clerk 1:23-cv-00705 | 10/30/2023 | SD OH | Answer filed |
| McGeever 2:2023cv01459 | 8/15/23 | WD PA | ECF 19 CNS Opp to Motion to Dismiss Filed |
| Shorba 0:23-cv-02198 | 7/24/23 | D Minn | Settlement Statements Due |
| Boyce 5:2023cv00280 | 5/25/23 | ED NC | Answer Filed |
| Gast 4:2023cv00169 | 5/19/23 | Iowa | ECF 20 Status Report Filed |
| Parikh (fka HCty) 1:21-cv-00197 | 3/21 | OH | Settlement Conference |
| Omundsom 1:21-cv-00305 | 7/21 | ID | Matter taken under advisement with a written decision to be forthcoming. |
| Cozine 3:21-cv-00680 | 5/21 | OR | PreTrial Conference |
| Harris 1:22-cv-00548 | 3/22 | MD | Harris Opp to MSJ Due (ECF 95) |
Closed or Close to Closed the federal district courts:
| Gilmer 4:21-cv-00286-HEA | 3/5/21 | ED MI | Status report due |
| New Mexico 0:21-cv-02135 | 7/21 | D NM | ECF 126 Consent Judgment |
Filing the state courts: NONE
2023 QUARTERLY Summaries on Court Record Access Cases:
4Q UPDATE DECEMBER 2023
Under Advisement at the Appellate Level:
Smith (f/k/a Hade) (Fourth Circuit): Appellant (CNS) Scheduled for Oral Argument Week of December 5-8, 2023. [Note: Set for December 7, 2023 Part II, 9:30 am; https://www.ca4.uscourts.gov/cal/internetcaldec052023ric.pdf
Corsones (f/k/a Gabel) (Second Circuit): Under Advisement. Oral Argument Held on April 10, 2023 can be found here: https://ww3.ca2.uscourts.gov/decisions/isysquery/73da7e54-bf98-4148-9cac-a9787e9aa47c/456/doc/21-3098.mp3
NEW FILING in the federal district courts:
| Montgomery County Clerk 1:23-cv-00705 | 10/30/2023 | SD OH |
Active in the federal district courts:
| Montgomery County Clerk 1:23-cv-00705 | 10/30/2023 | SD OH | The answer of Defendant Montgomery County Clerk of Courts is due |
| McGeever 2:2023cv01459 | 8/15/23 | WD PA | Consent to Magistrate |
| Shorba 0:23-cv-02198 | 7/24/23 | D Minn | |
| Boyce 5:2023cv00280 | 5/25/23 | ED NC | Answer to Complaint was filed |
| Gast 4:2023cv00169 | 5/19/23 | Iowa | Disclosures Due |
| Parikh (fka HCty)1:21-cv-00197 | 3/21 | OH | Status Conference Set |
| Omundsom 1:21-cv-00305 | 7/21 | ID | Matter taken under advisement with a written decision to be forthcoming. |
| Cozine3:21-cv-00680 | 5/21 | OR | ECF 110 Trial Mgmt Order |
| Harris1:22-cv-00548 | 3/22 | MD | Status Report Due |
| Gilmer4:21-cv-00286-HEA | 3/5/21 | ED MI | In settlement talks |
Filing the state courts: NONE
3Q UPDATE SEPTEMBER 2023
Under Advisement at the Appellate Level:
Smith (f/k/a Hade) (Fourth Circuit): Appellant (CNS) Scheduled for Oral Argument Week of December 5-8, 2023. [Note: Set for December 7, 2023 Part II, 9:30 am; https://www.ca4.uscourts.gov/cal/internetcaldec052023ric.pdf
Corsones (f/k/a Gabel) (Second Circuit): Under Advisement. Oral Argument Held on April 10, 2023 can be found here: https://ww3.ca2.uscourts.gov/decisions/isysquery/73da7e54-bf98-4148-9cac-a9787e9aa47c/456/doc/21-3098.mp3
NEW FILINGS in the federal district courts:
| McGeever 2:2023cv01459 | 8/15/23 | WD PA |
| Shorba0:23-cv-02198 | 7/24/23 | D Minn |
OTHER ACTIVE in the federal district courts:
Bryd (ND OH): Case Management Conference Set of October 25, 2023.
Boyce (E NC) Matter stayed (on September 12, 2023) pending resolution of Clerk’s Motion to Dismiss filed July 24, 2023.
Cozine (OR): Settlement Conference set for October 5, 2023.
Gast (IA): Defendants Expert Witness Disclosures due by November 22,2023. Plaintiffs Rebuttal Expert Witness Disclosures due by December 22, 2023. Discovery Deadline February 23, 2024. Dispositive Motion Deadline March 22, 2024. Final Pretrial Conference set for August 2,2024. Bench Trial set to begin August 19, /2024 9:00 AM for estimated 5 days.
Gilmer (E D MO); The parties participated in good faith but fid not achieve a settlement. The parties have indicated their desire to continue mediation and plan to reschedule a continuance of the mediation to early October, 2023.
Harris (MD): Complaint Answered. Motion for Confidentiality filed. Status report due November 14, 2023
New Mexico (NM Post Appeal): Omnibus Hearing held September 18, 2023. Pretrial Order due by October 26, 2023. Pretrial Conference set for October 27, 2023 Bench Trial set for November 13, 2023.
Omundson (ID): Under Advisement: Motions for Summary Judgement and Motion to Seal taken under advisement July 18, 2023.
O’Shaunessy (S.D. OH ): Clerk opposition to CNS’s Motion for Attorney’s Fees filed August 2, 2023.
Parikh (f/k/a Hamilton County) (OH): Status Conference held on September 12, 2023.
Closed
LaVoie (f/k/a Price) (WD Tx): ORDER DISMISSING WITHOUT PREJUDICE AND CLOSING CASE filed September 13, 2023.
In the state courts:
None
2Q UPDATE JULY 2023
At the Appellate Level:
Smith (f/k/a Hade) (Fourth Circuit): Appellant (CNS) Briefing Complete; Awaiting Scheduling of Oral Argument.
Corsones (f/k/a Gabel) (Second Circuit): Under Advisement. Oral Argument Held on April 10, 2023 can be heard here: https://ww3.ca2.uscourts.gov/decisions/isysquery/73da7e54-bf98-4148-9cac-a9787e9aa47c/456/doc/21-3098.mp3
O’Shaugnessy (Sixth Circuit) Case Mediated and Dismissed on June 19, 2023.
NEW FILINGS in federal district courts:
| Bryd 1:2023cv01257 | 6/26/23 | ND OH |
| Boyce 5:2023cv00280 | 5/25/23 | E NC |
| Gast 4:2023cv00169 | 5/19/23 | Iowa |
OTHER ACTIVE n the federal district courts:
Boyd (E NC); Clerk’s Motion to Dismiss filed July 24, 2023.
Cozine (OR): Objections to Magistrate’s Findings and Recommendations filed on June 1, 2023.
Gast (IA): Initial Disclosures due by July 28,2023. Motions to Add Parties due by August 23, 2023. Motions to Amend Pleadings due by August 23, 2023. Plaintiffs Expert Witness Disclosures due by September 22, 2023. Defendants Expert Witness Disclosures due by November 22,2023. Plaintiffs Rebuttal Expert Witness Disclosures due by December 22, 2023. Discovery Deadline February 23, 2024. Dispositive Motion Deadline March 22, 2024. Final Pretrial Conference set for August 2,2024. Bench Trial set to begin August 19, /2024 9:00 AM for estimated 5 days.
Harris (MD): Second Amended Complaint Filed against Multiple Clerks April 24, 2023. Status report due November 14, 2023
LaVoie (f/k/a Price) (WD Tx): Status conference held April 12, 2023. Hearing on Motion to dismiss set fro August 15, 2023. Bench trial set for October 24, 2023.
New Mexico (NM Post Appeal): Discovery complete July 5, 2023. Motions due by August 18, 2023. Omnibus Hearing set for September 18, 2023. Pretrial Order due by October 26, 2023. Pretrial Conference set for October 27, 2023 Bench Trial set for November 13, 2023.
Omundson (ID): Hearing: A hearing on Defendant’s MOTION for Summary Judgment; Plaintiff’s MOTION for Leave to File Sur-Reply in Opposition to Defendant’s Motion to Seal; Plaintiff’s MOTION for Summary Judgment; and Defendant’s MOTION to Seal Document is held on July 10, 2023.
O’Shaunessy (S.D. OH ): MOTION for Preliminary Injunction by Plaintiff Courthouse News Service GRANTED.
Parikh (f/k/a Hamilton County) (OH): : Status Conference held March 16, 2023; Deadlines reset: Fact Discovery due by October 1, 2023; Expert Disclosures due by November January 1, 2024; Expert Discovery due by March 1, 2024; a Status Conference held July 7, 2023. .
In the state courts:
None
1Q Update March 2023
At the Appellate Level:
Smith (f/k/a Hade) (Fourth Circuit): Appellant (CNS) Brief Filed February 3, 2023.
Corsones (f/k/a Gabel) (Second Circuit): Scheduled for Oral Arguments April 10, 2023 at 10 am.
In the federal district courts:
Cozine (OR): March 14 ECF 89 Plaintiff’s motion for summary judgment was DENIED because plaintiff has failed to show that it is entitled to judgment as a matter of law on its First Amendment claims. Court granted extension for filing objections until April 27, 2023.
Harris (MD): Status report due November 14, 2023
LaVoie (f/k/a Price) (WD Tx): Case reassigned to a new judge. In light of the recent reassignment of this case, the Court DENIED Defendant’s Motion to Dismiss WITHOUT PREJUDICE TO REFILING after the Court holds a status conference in this case on April 12, 2023.
New Mexico (NM Post Appeal): Discovery due by July 5, 2023. Motions due by August 18, 2023. Omnibus Hearing set for September 18, 2023. Pretrial Order due by October 26, 2023. Pretrial Conference set for October 27, 2023 Bench Trial set for November 13, 2023.
Omundson (ID): Hearing: A hearing on Defendant’s MOTION for Summary Judgment; Plaintiff’s MOTION for Leave to File Sur-Reply in Opposition to Defendant’s Motion to Seal; Plaintiff’s MOTION for Summary Judgment; and Defendant’s MOTION to Seal Document is set for July 10, 2023.
O’Shaunessy (S.D. OH ): MOTION for Preliminary Injunction by Plaintiff Courthouse News Service GRANTED. [Notice of Appeal Filed in April 2023]
Parikh (f/k/a Hamilton County) (OH): : Status Conference held March 16, 2023; Deadlines reset: Fact Discovery due by October 1, 2023; Expert Disclosures due by November January 1, 2024; Expert Discovery due by March 1, 2024; a Status Conference is set for 7/7/2023.
Closed:
Toste (ED CA): Voluntary Dismissal Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Case Closed March 31, 2023.
In the state courts:
None
Summary Updates on 2022 Court Record Access Cases:
CNS’S REQUESTS FOR PRELIMINARY INJUNCTIONS (2011-2022)
DECEMBER 2022 (Year end summary)
In the federal courts:
| Courthouse News Service FEDERAL COURT Cases Pending | |||
| Case | Juris | Next Event | ETA NEXT ACTION/EVENT |
| APPELLATE LEVEL | |||
| Gilmer | MO | Aple Brief | 1/14/22 |
| NM | NM | Aplnt Brief | 1/24/22 |
| Glessner | ME | Aple Brief | 2/3/22 |
| Gabel | VT | Aplnt Brief | 4/1/22 |
| DISTRICT COURT ACTIVE | |||
| Hade | VA | M/D denied | 1/14/22 |
| Omundsom | ID | Hrng on M/D | 2/18/22 |
| Toste | ED CA | Sch Conf | 3/29/22 |
| Price | Tx | Discovery close | 12/5/22 |
| Hamilton Cty | Ohio | M/D All | 8/9/21 |
| Cozine | OR | M/S/J All | 10/8/21 |
Courthouse News Serv. v. New Mexico Admin. Office, 0:21-cv-02135 (10th Cir.)–Oral Argument from September 29, 2022 can be found here: https://www.ca10.uscourts.gov/sites/ca10/files/oralarguments/21-2135.mp3
In the state courts:
NONE
NOVEMBER 2022
At the Appellate Level:
TENTH CIRCUIT
Courthouse News Serv. v. New Mexico Admin. Office, 0:21-cv-02135 (10th Cir.)–Opinion and Judgment Issued November 23, 2022
District court held that: “The state of New Mexico violates Courthouse News’ right of timely access when it does not provide access to newly filed confidential civil complaints within 5 business hours”. CNS and other media sued AOC and local clerks. Tenth Circuit affirmed in part and reversed in part–finding against abstention, finding a first amendment right, but determining that using “tradition” prong of Press Enterprise Test to create a 5 hour rule was error. https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110773402.pdf
Smith (F/K/A Hade) (Fourth Circuit) Notice of Appeal Filed, 22-2110.
Gabel (Second Circuit): Awaiting Oral Argument; Motion to Substitute Party Granted in October. New Case Name: Corsones
In the federal district courts:
Cozine (OR): Clerk Motion for Summary Judgment pending; Parties consented to Magistrate jurisdiction.
LaVoie (f/k/a Price) (WD Tx): Temporarily stayed or abated awaiting action by state court on CNS’s proposal about handling court records; Action by the state court expected in December.
Toste (ED CA): CNS settled with 5 out of 6 defendants on 11/1/21: Notice of Settlement Vacating All Matters And Requiring Parties to File Dispositional Documents or Status Report on or Before March 24, 2023
Omundson (ID): Parties filed a Stipulation for Protective Order that was approved by the court. The dispositive motion cut-off date has been continued from November 18, 2022, to December 2, 2022; Response briefs will be due on December 22, 2022; and Reply briefs will be due on January 13, 2023.
Smith (FKA Hade) (VA): Notice of Appeal filed by CNS.
Parikh (AKA Hamilton County) (OH): Rule 26 (f) Report filed by CNS.
Harris (MD): CNS Sur Reply Motion due November 10, 2022. Motion Hearing on Clerks Motion to Dismiss scheduled: November 28, 2022. Settlement conference scheduled for January 5, 2023. Ex parte submissions are due December 22, 2022.
O’Shaunessy (S.D. OH ): Clerk Motion to Dismiss under consideration.
In the state courts: NONE
Summary Update on Court Record Access Cases: OCTOBER 2022
At the Appellate Level:
New Mexico (Tenth Circuit): Oral Argument heard September 29, 2022
Gabel (Second Circuit): Awaiting Oral Argument
In the federal district courts:
Cozine (OR): CNS reply to Motion for Summary Judgement due on October 21, 2022.
LaVoie (f/k/a Price) (WD Tx): Temporarily stayed or abated awaiting action by state court; Bench trial set for February 10, 2023
Toste (ED CA): CNS settled with 5 out of 6 defendants. Parties required to file a notice of of dismissal or status on or Before March 17, 2023.
Omundson (ID): Scheduling Order modified: ADR to be completed by October 21, 2022; Fact discovery to be completed by November 11, 2022; and Dispositive motions must be filed by November 18, 2022.
Smith (FKA Hade) (VA): Motions for Summary Judgment resolved against CNS on September 27, 2022.
Parikh (AKA Hamilton County) (OH): Motion to Dismiss denied; Answer due October 24, 2022.
Harris (MD): Motion Hearing on Clerks Motion to Dismiss scheduled: November 28, 2022. Settlement conference scheduled for January 5, 2023. Ex parte submissions are due December 22, 2022.
O’Shaunessy (S.D. OH ): Clerk Motion to Dismiss under consideration.
In the state courts: NONE
Summary Update on Court Record Access Cases: SEPTEMBER 2022
At the Appellate Level:
Gilmer (Eight Circuit): Decided in favor of CNS
New Mexico (Tenth Circuit): Oral Argument heard September 29, 2022
Gabel (Second Circuit): Awaiting Oral Argument
Rushing (AKA Forman) (Eleventh Circuit): Appeal Withdrawn (Matter Settled)
In the federal district courts:
Cozine (OR): Fact Discovery Deadline: Motion to dismiss filed; Amicus filed Motion supporting Abstention on behalf of the Conference of Chief Justices
LaVoie (f/k/a Price) (WD Tx): settlement discussions in progress; bench trial set for October 20, 2022
Toste (ED CA): Scheduling Conference Set for: August 8
Omundson (ID): Expedited Track; Motions Due: October 20; ordered to ADR
Smith (FKA Hade) (VA): Motions for Summary Judgment filed by VA, Clerk, & CNS
Parikh (AKA Hamilton County) (OH): Motion to Dismiss pending
Harris (MD): Motion Hearing Scheduled: July 26; ordered to Judicially Assisted Settlement
O’Shaunessy (S.D. OH )- Clerk Motion to Dismiss Filed 7/13/22
In the state courts:
None
Summary Update on Court Record Access Cases: NO AUGUST UPDATE PROVIDED
Summary Update on Court Record Access Cases: JULY
At the Appellate Level:
Gilmer (Eight Circuit): Under Advisement/Awaiting Court Order.
New Mexico (Tenth Circuit): Oral Argument set for September 29, 2022
Gabel (Second Circuit): Appellees’ briefs filed
Rushing (AKA Forman) (Eleventh Circuit) Notice filed July 11, 2022
In the federal district courts:
Quinlan (f/k/a Glessner) (D. ME): DISMISSED BY CNS
Cozine (OR): Fact Discovery Deadline: July 15
LaVoie (FKAPrice) (WD Tx): Bench Trial Set: July 25: Motion to Dismiss filed on July 8
Toste (ED CA): Scheduling Conference Set for: August 8
Omundson (ID): Expedited Track; Motions Due: October 20; ordered to ADR
Smith (FKA Hade) (VA): Motions for Summary Judgment filed by VA, Clerk, & CNS
Parikh (AKA Hamilton County) (OH): Motion to Dismiss pending
Harris (MD): Motion Hearing Scheduled: July 26; ordered to Judicially Assisted Settlement
O’Shaunessy (S.D. OH )- Clerk Motion to Dismiss Filed 7/13/22
In the state courts: None
Summary Update on Court Record Access Cases: June
At the Appellate Level:
Gilmer (Eight Circuit): Under Advisement/Awaiting Court Order.
New Mexico (Tenth Circuit): Awaiting Oral Argument
Gabel (Second Circuit): Appellees’ briefs due on July 5, 2022.
In the federal district courts:
Forman (ND Fl): Defendants must submit Access Plan to federal court for approval: June 24
Quinlan (f/k/a Glessner) (D. ME): Defendants’ Answers due: July 8
Cozine (OR): Fact Discovery Deadline: July 15
Price (WD Tx): Bench Trial Set: July 25
Toste (ED CA): Scheduling Conference Reset: August 8
Omundson (ID): Expedited Track; Motions Due: October 20
Hade (VA): Bench Trial Set: September 29
Hamilton County (OH): Motion to Sub Party- January 27
Harris (MD): Motion Hearing Scheduled: July 26
O’Shaunessy (S.D. OH ): filed June 13, 2022–Motion for PI Conference: June 21
In the state courts: None
Summary Update on Court Record Access Cases: May
At the Appellate Level:
Gilmer (Eight Circuit): Awaiting Order
New Mexico (Tenth Circuit): Ready for Oral Argument
Gabel (Second Circuit): Amicus Brief Filed: May 9
In the federal district courts:
Price (WD Tx): Bench Trial Set: July 25.
Hade (VA): Bench Trial Set: August 9
Cozine (OR): Fact Discovery Deadline Set: July 15
Toste (ED CA): Scheduling Conference: June 28
Omundson (ID): Scheduling Conference: June 13
Forman (ND Fla): Answer and Defenses filed: May 18
Hamilton County (OH): Motion to Substitute Party Granted: January 27
Harris (MD): Motion Hearing Scheduled: July 26
In the state courts: None
Summary Update on Court Record Access Cases: April
At the Appellate Level:
Glessner (First Circuit): Oral Argument heard April 6; decision issued April 25———— See Maine Page for More Details
Gilmer (Eight Circuit) Oral Argument set for April 14
New Mexico (Tenth Circuit) Ready for Oral Argument
Gabel (Second Circuit) Amicus Brief Due May 9
In the federal district courts:
Price (WD Tx): –Defendant’s response to Motion for Preliminary Injunction due: April 21
Hade (VA): Hearing Transcript published: April 12
Cozine (OR): Appeal Deadline: May 4
Omundson (ID): Awaiting Order
Hamilton County (OH): Motion to Substitute Party Granted: January 21
Toste (ED CA): Scheduling Conference Set: June 28
Harris (MD): Summons Issued: March 9
Forman( ND Fla): pending
In the state courts: None
Summary Update on Court Record Access Cases: March
At the Appellate Level:
Gilmer (Eight Circuit) Appellant’s reply brief is due on March 10, 2022
New Mexico (Tenth Circuit) Appellee’s brief is due on March 13, 2022
Glessner (First Circuit) Appellants’ reply briefs are due March 28, 2022
Gabel (Second Circuit) Appellant’s brief due on April 1, 2022.
In the federal district courts:
Price–clerk’s motion to dismiss denied headed for hearing on the merits in January 2023; discovery closed December 2022.
Hade (VA) [mode of access case]– case moving forward on the merits.
Cozine (OR)–clerk’s motion for summary judgment denied; objections to magistrate findings due March 14, 2022.
Omundson (ID) — clerk’s motion to dismiss scheduled for hearing held February 18, 2022
Hamilton County (OH)– clerk’s motion to dismiss under consideration
Toste (ED CA):
Harris (MD): Summons Issued: March 9
Forman (ND Fla): Order of Clarification Issued: March 15
In the state courts: None
Summary Update on Court Record Access Cases: February
At the Appellate Level:
Gilmer (Eight Circuit) Appellant’s reply brief is due on March 10, 2022
New Mexico (Tenth Circuit) Appellee’s brief is due on March 13, 2022
Glessner (First Circuit) Appellants’ reply briefs are due March 28, 2022
Gabel (Second Circuit) Appellant’s brief due on April 1, 2022.
In the federal district courts:
Price–clerk’s motion to dismiss denied headed for hearing on the merits in January 2023; discovery closed December 2022.
Hade (VA) [mode of access case]– case moving forward on the merits.
Cozine (OR)–clerk’s motion for summary judgment denied; objections to magistrate findings due March 14, 2022.
Omundson (ID) — clerk’s motion to dismiss scheduled for hearing held February 18, 2022
Hamilton County (OH)– clerk’s motion to dismiss under consideration
Toste–scheduling conference scheduled for March 2022
In the state courts: None
Summary Update on Court Record Access Cases : January
At the Appellate Level
Gilmer (Missouri)–the federal district court refused to resolve the merits finding instead that those matters were best resolved by the state courts which should be allowed to manage their own court system. It is on appeal to the 8th Circuit.
New Mexico AOC– federal district court denied state court clerks motion to dismiss.
Glessner (Maine)–federal district court refused to grant a preliminary injunction and dismissed media complaint.
Gabel (Vermont)–federal district court granted preliminary injunction and denied clerks’ motion to dismiss.
In the federal district courts:
Price–clerk’s motion to dismiss denied headed for hearing on the merits.
Toste–still perfecting service.
Hade (VA) [mode of access case]– court denied administrator’s motion to dismiss.
Omundson (ID) — clerk’s motion to dismiss scheduled for hearing on February 18, 2022
Hamilton County (OH)– clerk’s motion to dismiss under consideration
Cozine (OR)–clerk’s motion for summary judgment under consideration.
Tanguichi (N.D. CA) (settled June 2021)
Calvo (N.D. CA) (settled June 2021)
In the state courts: None
See also discussion of Discussion of Hade and Toste cases Troutman Pepper 1/18/21 blog: https://www.consumerfinancialserviceslawmonitor.com/2021/12/courthouse-news-sues-virginia-for-allegedly-violating-first-amendment-right-of-access-to-court-records/
2021:
Courthouse News Service v. Toste (E.D. CA.)
Courthouse News Service is seeking another preliminary injunction against California clerk’s office seeking to prevent the pre-access processing of civil complaints. Relatedly, CNS also filed a suit in December in the U.S. District Court for the Eastern District of California, alleging that certain California courts violated the First Amendment by delaying access to newly filed civil complaints until after administrative processing, in contrast to other California courts that provide immediate access to registered users through public review queues.
A copy of the complaint filed December 17, 2021 can be viewed here:
https://www.courthousenews.com/wp-content/uploads/2021/12/cns-toste-etal-complaint.pdf
See what the law firm of Troutman Pepper has to say about court record cases in their 12/27/21 blog:
https://www.consumerfinancialserviceslawmonitor.com/2021/12/courthouse-news-service-sues-california-clerks-for-allegedly-violating-first-amendment-right-of-access-to-court-records/A copy of the complaint filed December 17, 2021 can be viewed here:
Courthouse News Service v. Omundson (Idaho)
Courthouse News Service is seeking a preliminary injunction against the clerk of the in Idaho Court to prevent the pre-access processing of civil complaints.
Like Oregon, Idaho is in the Ninth Circuit where the Planet cases (arising in the county courts of California and resolved in decade’s worth of litigation) seem to be controlling authority. Both courts use “Odyssey” e-filing software sold by Tyler Technologies. The media plaintiffs urge the they are entitled to immediate access to complaints and that the clerks should purchase additional software tools that would allow for faster media-preview access, both courts rely on clerk staff to do a brief manual review of the complaints before they are entered into the case management systems.
A copy of the complaint filed November 15, 2021 can be viewed here:
https://drive.google.com/file/d/1QXFv3ic0DWVpz14iL39bnTPesAClLtLU/view?usp=sharing
See November 16, 2021 article on the courthouse news services’ website
Courthouse News Service v. Gabel (Vermont)
See a general discussion into the October 25, 2021 VT Digger article: New outlets press judge to speed up release of court filings:
A copy of the May 24, 2021 Complaint can be viewed here:
https://drive.google.com/file/d/1JByljf5UemWvsS5TYd0AOPyQ5YEMDNMo/view?usp=sharing
For more documents in the 2021 case, visit pacer monitor:
https://www.pacermonitor.com/public/case/40319206/Courthouse_News_Service_et_al_v_Gabel_et_al
For more documents regarding the 2017 version of this matter (which was dismissed without prejudice), visit pacer monitor:
https://www.pacermonitor.com/public/case/20897079/Courthouse_News_Service_v_Gabel_et_al
COURTHOUSE NEWS SERVICE v. HADE (Virginia)
On October 12, 2021, Executive Secretary of the Supreme Court of Virginia Karl Hade filed a motion to dismiss CNS’ complaint alleging constitutionally impermissible differential treatment in providing remote access to lawyers (as officers of the courts), but requiring other members of the public and media to view documents in the traditional manner–at the courthouse. CNS filed its opposition on November 16, 2021.
See both documents at the links below:
Motion to Dismiss:
https://drive.google.com/file/d/1bM5dXb6BAe1pZE2xegAcRoC6w8oMmSzN/view?usp=sharing
Opposition to Motion:
https://drive.google.com/file/d/1U6DYe8Hv8_kRuvLtjNMK215UUIJh9jMz/view?usp=sharing
See Troutman Pepper’s 12/13/21 blog about Hade: https://www.consumerfinancialserviceslawmonitor.com/2021/12/courthouse-news-sues-virginia-for-allegedly-violating-first-amendment-right-of-access-to-court-records/
See also CNS’s recount of the story on its website from November 16, 2021:
COURTHOUSE NEWS SERVICE v. NEW MEXICO ADMINISTRATIVE OFFICE OF THE COURTS (N.M.–Tenth Circuit)
On October 8, 2021, in the context of a ruling on a motion for preliminary injunction (filed in July 30, 2021) U.S. District Court Judge James Browning in Albuquerque issue a Memorandum Opinion and Order finding that New Mexico state court officials “likely violated Courthouse News’ right of timely access.” The case is on appeal to the Tenth Circuit Court of Appeals
For more information from the plaintiffs’ perspective see October 8, 2021 article from the courthouse news service website:
https://www.courthousenews.com/new-mexico-found-to-violate-first-amendment-right-of-access/
Courthouse News Service v. Cozine (Oregon)
Courthouse News Service Filed a Complaint seeking a preliminary injunction against an Oregon clerk seeking pre process access to civil complaints at the time of filing. To view the May 4, 2021 Complaint, click link below:
https://drive.google.com/file/d/1r8P7jcqCTuShQA7KJu1Y4gg3TvlLdsjd/view?usp=sharing
For more documents in the Cozine case, have a look at the pacermonitor
https://www.pacermonitor.com/public/case/40098781/Courthouse_News_Service_v_Cozine
CALIFORNIA HAS PAID MILLIONS IN COURT RECORDS ACCESS CASES
See what Courthouse News Service has to say about this in its post from March 24, 2021:
https://www.courthousenews.com/millions-spent-in-ten-year-california-battle-over-press-access/
COURTHOUSE NEWS SERVICE v. HAMILTON COUNTY (OHIO)
COURTHOUSE NEWS SERVICE V. GILMER (MISSOURI)
COURTHOUSE NEWS SERVICE v. GLESSNER et al. (Maine)
See more about this action filed in February 2021 in our Court Records (ME) discussion:
https://ctap.me/current-focus/
COURTHOUSE NEWS SERVICE CHALLENGING ACCESS ISSUES IN ANOTHER CALIFORNIA COURT: COURTHOUSE NEWS SERVICE v. TANIGUCHI, Civil Action No. 3:21-cv-00414
Courthouse News Service is challenging clerk Neal Taniguchi’s process-first policy alleging a First Amendment violations in a complaint filed in U.S. District Court for the Northern District of California. Some other California courts release upon receipt, including San Jose, Los Angeles, Santa Clara, Monterey, Santa Barbara, Fresno, and Kern County Superior Courts, while others, including Sonoma, Stanislaus, Yolo, Merced and Santa Cruz, hold back new filings for processing prior to allowing public access.
For more details see: COURTHOUSE NEWS SERVICE v. TANIGUCHI, Civil Action No. 3:21-cv-00414 (Filed 1/15/2021) https://www.courthousenews.com/wp-content/uploads/2021/01/CNS_Taniguchi-COMPLAINT.pdf
For a discussion by Plaintiff Courthouse News Service see article on its site (source of courts listed above):
COURTHOUSE NEWS SERVICE ANALYZES FLORIDA’S COURT RECORD ACCESS
See Article with links to prior articles on the Courthouse News Service website:
https://www.courthousenews.com/bones-of-access-discovered-in-florida/
Lawyers Sue to Block Roll Out of Electronic Filing in Vermont
January 28, 2021
Attorneys Steven Dunham, Rosanna Chase and Paul Groce, who work for the Vermont Defender General’s Office, are the plaintiffs in the case, which has been brought on behalf of their clients.
Learn more in this Vermont Digger article at the link below:
2020:
Courthouse news service filed a complaint against the Austin clerk asking for an injunction against the clerk’s process-before-access policy under the First Amendment of the U.S. Constitution and under Article I of the Texas Constitution.
For more details see
COURTHOUSE NEWS SERVICE v. PRICE, Civil Action No. 1:20-cv-01260 ( Filed 12/31/2020) available through Courthouse News Service
https://www.courthousenews.com/wp-content/uploads/2020/12/CNS_Price-Travis-COMPLAINT.pdf
See update in January 6, 2021 Article: Lawsuit Raises Concerns About Limited Access to Travis County Court Records Amid Pandemic–Originally published in the Austin American Statesmen:
COURTHOUSE NEWS SERVICE v. SCHAEFER, Civil Action No. 2:18-cv-391 |
Federal District Court in the Eastern District of Virginia granted, in part, Courthouse News Service’s (CNS) application for attorneys’ fees granting the full amount for fees incurred up through trial, reducing the total fee award for unreasonable fees as a result of the fee petition and then reducing by 10% for not obtaining injunctive relief. As a result of its calculations, the Court AWARDED a total of $1,978,738.48 in attorneys’ fees and expenses to CNS.
For more details see
Order (Signed 09/04/2020) Available through subscription:
020-3-455 – Courthouse News Service v. Schaefer
Order signed (02/20/2020) Available from this link:
https://law.justia.com/cases/federal/district-courts/virginia/vaedce/2:2018cv00391/392560/102/
Ninth Circuit Court of Appeals reaffirms qualified first amendment right of access to civil complaints in Courthouse News Service v. Planet , 947 F.3d 581 (9th Cir. 2020) and Courthouse News Service v. Yamasaki, 950 F.3d 640 (9th Cir. 2020)
Federal District Court in Virginia finds qualified first amendment right of access to civil complaints in Courthouse News Service v. Schaefer, 2:18-cv-00391-HCM-LRL, (February 21, 2020) [This case has been appealed to the Federal Court of Appeals for the Fourth Circuit]
See Courthouse News Service Story at link below:
see also 2020: Editorial about Tradition of Same day Access to Civil Complaints in our News & Views section. 2/25/2020