Our prior decision in Leonard v. Clark is instructive. 12 F.3d 885 (9th Cir. 1993), as amended (Mar. 8, 1994). Leonard involved a collective bargaining agreement that restricted a union's ability to "specifically endorse[ ] or sponsor[ ]" legislation that would benefit the union's members.

However, any such waiver must be made "voluntarily, knowingly, and intelligently." Marsh, 105 F.3d at 111; see Lake James Community Volunteer Fire Dep't, Inc. v. Burke County, 149 F.3d 277, 280 (4th Cir. 1998), cert. denied, 525 U.S. 1106, 119 S.Ct. 874, 142 L.Ed.2d 775 (1999); United States v. Local 1804-1, 44 F.3d 1091, 1098 n. 4 (2d Cir. 1995); Leonard v. Clark, 12 F.3d 885, 889-90 (9th Cir. 1993); Erie Telecommunications, 853 F.2d at 1094; Sambo's Restaurants, 663 F.2d at 690. Moreover, the waiver must be established by "clear and compelling" evidence.

If that were enough, no confidentiality agreement or non-disparagement provision could ever stand. See Leonard v. Clark , 12 F.3d 885, 892 n.12 (9th Cir. 1993). Instead, the proper inquiry is how much those public policy interests are impaired, if at all, based on the applicable record.

” Melendres v. Arpaio, 695 F.3d 990, 999 (9th Cir. 2012) (quoting Leonard v. Clark, 12 F.3d 885, 888 (9th Cir. 1993)). For the reasons explained below, the Court finds that Mr. Putnam has standing, and the Court need not address whether BRA, an organization, meets the requirements for associational standing.

As Defendants did not assert that Coalition lacks standing, the court held “[t]he Coalition on Homelessness unquestionably has standing to pursue all forms of relief sought through this lawsuit.” It then denied the motion to dismiss the individual Plaintiffs for lack of standing, citing Leonard v. Clark, 12 F.3d 885, 888 (9th Cir. 1993), in which the Ninth Circuit held that “[t]he general rule applicable to federal court suits with multiple plaintiffs is that once the court determines that one of the plaintiffs has standing, it need not decide the standing of the others.” Coal. on Homelessness v. City & Cnty. of San Francisco, No. 22-CV-05502-DMR, 2023 WL 3637032, at *3 (N.D. Cal. May 23, 2023)

In a multi-plaintiff suit, only one plaintiff need have standing in order for the case to proceed. Cf. Leonard v. Clark, 12 F.3d 885, 888 (9th Cir. 1993) (“The general rule applicable to federal court suits with multiple plaintiffs is that once the court determines that one of the plaintiffs has standing, it need not decide the standing of the others.”).

Nevertheless, there is a "general rule applicable to federal court suits with multiple plaintiffs ... that once the court determines that one of the plaintiffs has standing, it need not decide the standing of the others." Leonard v. Clark, 12 F.3d 885, 888 (9th Cir. 1993). Furthermore, a plaintiffs burden shifts depending on whether the defendant asserts a facial or a factual challenge.

Nevertheless, there is a "general rule applicable to federal court suits with multiple plaintiffs ... that once the court determines that one of the plaintiffs has standing, it need not decide the standing of the others." Leonard v. Clark , 12 F.3d 885, 888 (9th Cir. 1993). Furthermore, a plaintiff's burden shifts depending on whether the defendant asserts a facial or a factual challenge.

The first is whether defendants' waivers of their free speech rights by signing the contracts were "knowing, voluntary, and intelligent." See, e.g. , Leonard v. Clark , 12 F.3d 885, 889 (9th Cir. 1993), as amended (Mar. 8, 1994) ("First Amendment rights may be waived upon clear and convincing evidence that the waiver is knowing, voluntary and intelligent."). Defendants bear the burden of proof on this affirmative defense.

In a suit with multiple plaintiffs, generally only one plaintiff need have standing for the suit to proceed. See Leonard v. Clark , 12 F.3d 885, 888 (9th Cir. 1993). We find that the DNC has sufficiently established standing to proceed beyond the pleading stage.