When last we left off, the judge put off our preliminary injunction hearing until November 4th. Recognizing that the new hearing date was beyond the November 1st deadline, he instructed the UC to take no action against any UC community member who did not comply with the mandate, until he issued his ruling. I had my doubts about whether the UC would stop insisting that the community still comply with the November 1 deadline, and I didn’t think they would…

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Because of all the paperwork flying back and forth, the Hayward Superior Court judge has rescheduled the hearing to November 4, 2020, at 1:30 PM You might recall from a previous post that the case was previously set for November 12th. We filed a so-called “ex parte application” to move the hearing back to October (it had originally been set to be heard on October 14th by another judge). The UC attorneys objected to the reset request in large part…

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As some of you know, Massachusetts is the only state (so far) that has the statewide flu mandated for all students up to and including university students up to a certain age. Here is the mandate. https://www.mass.gov/news/flu-vaccine-now-required-for-all-massachusetts-school-students-enrolled-in-child-care-pre It seems like a bad idea, just as bad as the UC flu vaccine mandate. Win or lose in the UC case, Bobby Kennedy and CHD want the Mass. mandate to be the next challenge. Experts are ready. and more will be added….

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We just received word that our Motion for Preliminary Injunction will be heard by the judge on October 22, 2020, at 1:30 PM. Anyone who wants to watch or listen should be able to by going to the Alameda Country Superior Court Website. I will give further instrucitons closer to the hearing date. You will recall that the case was originally set for October 14th, but after the case was transferred to another judge it was reset to November 12th….

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Folks, there is a lot going on in our injunction lawsuit regarding the UC’s Flu Mandate which was supposed to go into effect on November 1st. However, now apparently the November 1st deadline will not be enforced based on representations made by the UC to the judge hearing the case. It’s complicated, so pay close attention. We filed the permanent injunction action on August 27th. On September 17th we filed a motion for a preliminary injunction. There are three things…

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Some talented person has created a  short youtube clip of our UC injunction lawsuit and my recent post announcing that under a recently revised (but still largely unpublished or still secret) Executive Order, UC students will be treated the same as faculty and other employees. That’s good news for the students.  And, although I think it was just a tactical retreat to avoid that crazy part of the executive order to drag down the rest of their defense, good on…

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As you know, Bobby Kennedy and I (with the able assistance of CHD’s chief legal guru Mary Holland, PIC’s human vaccine encyclopedia a/k/a Greg Glaser, and SD ace litigator Ray Flores) filed an injunction lawsuit to stop the UC’s executive order requiring all students, faculty and other employees to get the flu shot by November 1 on pain of not being able to work or register for class. We filed on August 27th, the executive order having been published on…

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Ken Stoller’s hearing took place Monday, September 21st until midday Thursday, September 24th. I made an opening on the first day. The Board’s attorney elected not to. The record in the case is still open because, as is not uncommon in these cases, there will be written closing arguments. The board has the burden of proof, so it will file an initial closing statement. I will then do our closing statement in response to the Board’s. The Board gets to…

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