Mary Scott DOE, a human embryo born in the United States (and subsequently frozen in which state of cryo-preservation her life is presently suspended), individually and on behalf of all other frozen human embryos similarly situated; National Association for the Advancement of Preborn Children (NAAPC); Peter Murray; Suzanne Murray; Courtney Atnip; Tim Atnip; Kate Elizabeth Johnson; Steven B. Johnson; Cara Vest; Gregory Vest, Plaintiffs-Appellants, v. Robert KLEIN, Chairman, in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Edward Penhoet, Ph.D, Vice Chairman, in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative medicine, an agency of the California state government; David Baltimore, Ph.D, in their official capacity as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative medicine, an agency of the California state government; Robert Birgeneau, Ph.D, in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Keith L. Black, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Susan V. Bryant, Ph.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Michael A. Friedman, M.D., in their official capacities as members of the California Stem Cell Research and Cures Finance Committee; Michael Goldberg, in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Brian E. Henderson, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Edward W. Holmes, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; David A. Kessler, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Sherry Lansing, in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Gerald S. Levey, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Ted W. Love, M.D., in their official capacities as members of the California Stem Cell Research and Cures Finance Committee; Richard A. Murphy, Ph.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Tina S. Nova, Ph.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Phillip A. Pizzo, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Claire Pomeroy, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Phyllis Preciado, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Francisco J. Prieto, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; John C. Reed, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Joan Samuelson, in the official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; David Serrano Sewell, in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Jeff Sheehy, in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Jonathan Shestack, in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Oswald Steward, Ph.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Leon J. Thal, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Gayle Wilson, in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Janet S. Wright, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Phillip Angelides, State Treasurer; Tom Campbell, Director of Finance; Michael A. Friedman, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Zach W. Hall, in his official capacity as the interim president of the California Institute for Regenerative Medicine; Robert Klein, II, in his official capacity as a member of the California Stem Cell Research and Cures Finance Committee; Ted W. Love, M.D., in their official capacities as members of the Independent Citizen's Oversight Committee, the governing body for the California Institute for Regenerative Medicine, an agency of the California state government; Steve Westly, State Controller, Defendants-Appellees, 254 F. App'x 626
Source: United States Court of Appeals for the Ninth Circuit
Date: 2007-11-15
Jurisdiction: United States
Docket: No. 06-55387
Citation: 254 F. App'x 626
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