Case: Republican National Committee v. Newsom

2:20-cv-01055 | U.S. District Court for the Eastern District of California

Filed Date: May 24, 2020

Closed Date: July 9, 2020

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Case Summary

On May 24, 2020, the Republican National Committee, the National Republican Congressional Committee, and the California Republican Party filed this action in the U.S. District Court for the Eastern District of California. Represented by private counsel, the plaintiffs sued the governor and secretary of state of California under 42 U.S.C. § 1983, alleging violations of the Fourteenth Amendment and the Electors and Elections Clauses of the U.S. Constitution. Specifically, the plaintiffs challenged the governor's EO N-64-20 ("Executive Order"), which allowed Californians to vote by mail to preserve the public health, arguing that changing the "time, place, and manner in which Californians" vote was unconstitutional. The plaintiffs requested a declaratory judgment that the Executive Order violated the U.S. Constitution and an injunction prohibiting the defendants from implementing and enforcing the order.

The case was initially assigned to Judge Kimberly J. Mueller, but was reassigned to Judge Morrison C. England, Jr. because it was related to another case filed a few days earlier by California voters, Issa v. Newsom.

On June 5, 2020, the plaintiffs moved for a preliminary injunction. The plaintiffs argued that the U.S. Constitution assigns state legislatures, rather than the governor, the power to administer federal elections and that the governor's Executive Order was therefore unconstitutional. The plaintiffs further argued that even if the California state legislature had the power to delegate the administration of elections to the governor, it had not done so. Based on this analysis, the plaintiffs concluded that they were likely to succeed on the merits of the case. In addition, they asserted that the Executive Order would likely do irreparable damage to the November 2020 election by confusing voters, undermining confidence in the electoral process, and creating an incentive to remain away from the polls. They stated that the Executive Order would also irreparably harm the plaintiffs' voting members by diluting the votes of honest voters. Lastly, the plaintiffs argued that a preliminary injunction aligned with the public's interest by preventing a violation of the plaintiffs' constitutional rights and protecting the integrity of elections.

On June 18, 2020, the California state legislature enacted AB 860, which superseded the Executive Order. On July 9, 2020, the plaintiffs' voluntarily dismissed the action.

	Document
2:20-cv-01055	Docket [PACER]	Oct. 5, 2021	Oct. 5, 2021 Docket
1 2:20-cv-01055	Complaint for Declaratory and Injunctive Relief	May 24, 2020	May 24, 2020 Complaint
24-1 2:20-cv-01055	Plaintiffs' Memorandum of Law in Support of Motion for Preliminary Injunction	June 5, 2020	June 5, 2020 Pleading / Motion / Brief
66 2:20-cv-01055	Notice of New Authority	June 19, 2020	June 19, 2020 Pleading / Motion / Brief
79 2:20-cv-01055	Order	July 9, 2020	July 9, 2020 Order/Opinion 2020 WL 5239882
78 2:20-cv-01055	Plaintiffs' Notice of Voluntary Dismissal and Proposed Order	July 9, 2020	July 9, 2020 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Gavin Newsom, Alex Padilla by all plaintiffs. Attorney Weir, Bryan Kipp added. (Filing fee $ 400, receipt number 0972-8904757) (Weir, Bryan) (Entered: 05/24/2020)	May 24, 2020	May 24, 2020 Clearinghouse
2	CIVIL COVER SHEET by California Republican Party, National Republican Congressional Committee, Republican National Committee (Weir, Bryan) (Entered: 05/24/2020)	May 24, 2020	May 24, 2020 PACER
3	NOTICE of RELATED CASE(S) 2:20-cv-01044-MCE by California Republican Party, National Republican Congressional Committee, Republican National Committee. (Weir, Bryan) (Entered: 05/24/2020)	May 24, 2020	May 24, 2020 RECAP
4	NOTICE of APPEARANCE by Mark Philip Meuser on behalf of California Republican Party, National Republican Congressional Committee, Republican National Committee. Attorney Meuser, Mark Philip added. (Meuser, Mark) (Entered: 05/25/2020)	May 25, 2020	May 25, 2020 RECAP
5	SUMMONS ISSUED as to Gavin Newsom, Alex Padilla with answer to complaint due within 21 days. Attorney Bryan Kipp Weir Consovoy McCarthy PLLC 1600 Wilson Blvd., Suite 700 Arlington, VA 22209. (Benson, A.) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 PACER
6	CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/8/2020 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Benson, A.) (Entered: 05/26/2020) 1 Standing Order View on PACER 2 Consent Form View on PACER 3 VDRP View on PACER	May 26, 2020	May 26, 2020 PACER
7	NOTICE of APPEARANCE by Harmeet Kaur Dhillon on behalf of California Republican Party, National Republican Congressional Committee, Republican National Committee. Attorney Dhillon, Harmeet Kaur added. (Dhillon, Harmeet) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 PACER
8	ORDER signed by Senior Judge Morrison C. England, Jr on 5/26/2020 REASSIGNING CASE 2:20-cv-1055-KJM-CKD to Senior Judge Morrison C. England, Jr for all further proceedings and RELATING CASES 2:20-cv-1055-MCE-CKD and 2:20-cv-1044-MCE-CKD. Chief District Judge Kimberly J. Mueller no longer assigned to case. New Case Number: 2:20-cv-1055-MCE-CKD. (Coll, A) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 RECAP
9	CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Coll, A) (Entered: 05/26/2020) 1 Consent Form View on PACER 2 VDRP View on RECAP	May 26, 2020	May 26, 2020 RECAP
10	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Republican Party, National Republican Congressional Committee, Republican National Committee for attorney Tyler R. Green to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8907115) (Attachments: # 1 Certificate of Good Standing)(Weir, Bryan) (Entered: 05/26/2020) 1 Certificate of Good Standing View on PACER	May 26, 2020	May 26, 2020 PACER
11	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Republican Party, National Republican Congressional Committee, Republican National Committee for attorney Cameron T. Norris to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8907152) (Attachments: # 1 Certificate of Good Standing)(Weir, Bryan) (Entered: 05/26/2020) 1 Certificate of Good Standing View on PACER	May 26, 2020	May 26, 2020 PACER
12	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Republican Party, National Republican Congressional Committee, Republican National Committee for attorney Alexa R. Baltes to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8907167) (Attachments: # 1 Certificate of Good Standing)(Weir, Bryan) (Entered: 05/26/2020) 1 Certificate of Good Standing View on PACER	May 26, 2020	May 26, 2020 PACER
13	SUMMONS RETURNED EXECUTED: All Defendants. (Weir, Bryan) (Entered: 05/27/2020)	May 27, 2020	May 27, 2020 PACER
14	PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr., on 5/29/2020 ADDING Attorney Cameron T. Norris, PHV for Plaintiffs. (Kastilahn, A) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
15	PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr., on 5/29/2020 ADDING Attorney Tyler R. Green, PHV for Plaintiffs. (Kastilahn, A) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
16	PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr., on 5/29/2020 ADDING Attorney Alexa R. Baltes, PHV for plaintiffs. (Kastilahn, A) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
17	MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Complaints filed in Issa et al. v. Newsom et al., 2:20-cv-01044-MCE-CKD, and Republican National Committee et al. v. Newsom et al., 2:20-cv-01055-MCE-CKD. After a review of the dockets and on the Court's own motion, the following briefing schedule is ordered in both cases: Plaintiffs' Motions for Preliminary Injunction shall be filed on or before June 11, 2020, Defendants' Oppositions shall be filed on or before June 25, 2020, and Plaintiffs' Replies shall be filed on or before July 9, 2020. Request(s) for Sur-replies will not be considered. A joint hearing on Plaintiffs' Motions for Preliminary Injunction will be conducted by videoconference on July 16, 2020, at 2:00 p.m. The Court places a page limit for points and authorities (exclusive of exhibits and other supporting documentation) of twenty (20) pages on all initial moving papers, twenty (20) pages on oppositions, and ten (10) pages for replies. All requests for page limit increases must be made in writing with a proposed order setting forth any and all reasons for any increase in page limit at least seven (7) days prior to the filing of the motion. (Deutsch, S) (Entered: 06/02/2020)	June 2, 2020	June 2, 2020 PACER
18	MOTION to INTERVENE as Defendants by Democratic Congressional Campaign Committee, Democratic Party of California. Attorney Hawley, Jonathan Patrick added. Motion Hearing set for 7/9/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr.. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Hawley, Jonathan) (Entered: 06/03/2020) 1 Proposed Order View on PACER 2 Exhibit View on PACER	June 3, 2020	June 3, 2020 RECAP
19	REQUEST and PROPOSED ORDER for Expedited Briefing Schedule by Democratic Congressional Campaign Committee, Democratic Party of California re 18 Motion to Intervene as Defendants filed by Democratic Party of California, Democratic Congressional Campaign Committee. (Hawley, Jonathan) Modified on 6/5/2020 (Kastilahn, A). (Entered: 06/03/2020)	June 3, 2020	June 3, 2020 PACER
20	STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/4/2020 ORDERING any responses to Proposed Intervenors' Motion to Intervene as Defendants shall be filed on or before Friday, 6/5/2020. Proposed Intervenors shall file a reply on or before Monday, 6/8/2020. (Zignago, K.) (Entered: 06/04/2020)	June 4, 2020	June 4, 2020 RECAP
21	NOTICE of APPEARANCE by Jonathan Patrick Hawley on behalf of Democratic Congressional Campaign Committee, Democratic Party of California. (Hawley, Jonathan) (Entered: 06/04/2020)	June 4, 2020	June 4, 2020 PACER
22	RESPONSE by California Republican Party, National Republican Congressional Committee, Republican National Committee to 18 Motion to Intervene,. (Weir, Bryan) (Entered: 06/05/2020)	June 5, 2020	June 5, 2020 PACER
23	STIPULATION and PROPOSED ORDER granting Defendants' an extension of time to Respond to the Complaint by Gavin Newsom, Alex Padilla. Attorney Killeen, John William added. (Killeen, John) (Entered: 06/05/2020)	June 5, 2020	June 5, 2020 RECAP
24	MOTION for PRELIMINARY INJUNCTION by California Republican Party, National Republican Congressional Committee, Republican National Committee. Motion Hearing set for 7/16/2020 at 02:00 PM before Senior Judge Morrison C. England Jr.. (Attachments: # 1 Memorandum, # 2 Declaration Weir, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Exhibit Z, # 29 Exhibit AA, # 30 Exhibit BB, # 31 Exhibit CC, # 32 Exhibit DD, # 33 Declaration Hughes, # 34 Declaration Watkins, # 35 Proposed Order)(Weir, Bryan) (Entered: 06/05/2020) 1 Memorandum View on Clearinghouse 2 Declaration Weir View on PACER 3 Exhibit A View on PACER 4 Exhibit B View on PACER 5 Exhibit C View on PACER 6 Exhibit D View on PACER 7 Exhibit E View on PACER 8 Exhibit F View on PACER 9 Exhibit G View on PACER 10 Exhibit H View on PACER 11 Exhibit I View on PACER 12 Exhibit J View on PACER 13 Exhibit K View on PACER 14 Exhibit L View on PACER 15 Exhibit M View on PACER 16 Exhibit N View on PACER 17 Exhibit O View on PACER 18 Exhibit P View on PACER 19 Exhibit Q View on PACER 20 Exhibit R View on PACER 21 Exhibit S View on PACER 22 Exhibit T View on PACER 23 Exhibit U View on PACER 24 Exhibit V View on PACER 25 Exhibit W View on PACER 26 Exhibit X View on PACER 27 Exhibit Y View on PACER 28 Exhibit Z View on PACER 29 Exhibit AA View on PACER 30 Exhibit BB View on PACER 31 Exhibit CC View on PACER 32 Exhibit DD View on PACER 33 Declaration Hughes View on PACER 34 Declaration Watkins View on PACER 35 Proposed Order View on PACER	June 5, 2020	June 5, 2020 PACER
25	DECLARATION of Ben Mitchell in support of 24 Motion for Preliminary Injunction. (Weir, Bryan) (Entered: 06/05/2020)	June 5, 2020	June 5, 2020 PACER
26	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Abha Khanna to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928448) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020) 1 Certificate of Good Standing View on PACER	June 8, 2020	June 8, 2020 PACER
27	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Marc Elias to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928468) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020) 1 Certificate of Good Standing View on PACER	June 8, 2020	June 8, 2020 PACER
28	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Henry Brewster to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928479) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020) 1 Certificate of Good Standing View on PACER	June 8, 2020	June 8, 2020 PACER
29	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Courtney Elgart to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928495) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020) 1 Certificate of Good Standing View on PACER	June 8, 2020	June 8, 2020 PACER
30	REPLY by Democratic Congressional Campaign Committee, Democratic Party of California in support of 18 Motion to Intervene. (Hawley, Jonathan) (Entered: 06/08/2020)	June 8, 2020	June 8, 2020 PACER
31	[DISREGARD - ISSUED IN ERROR. SEE ECF NO. 39] MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion, the July 16, 2020 joint hearing on Plaintiffs' Motions for Preliminary Injunction in the matters of Issa et al. v. Newsom et al., 2:20-cv-01044-MCE-CKD, and Republican National Committee et al. v. Newsom et al., 2:20-cv-01055-MCE-CKD, is ADVANCED to 10:00 am and will be conducted via videoconference. The previously imposed briefing schedule set forth in the Court's June 2, 2020 Minute Order is CONFIRMED. Given the hearing will be conducted by videoconference, not later than seven (7) days prior to the hearing (or any continued hearing date where remote appearances will be necessary) the parties are directed to file with the Court: (1) a waiver of the appearing party's personal appearance signed by the party; and (2) a proposed order addressing the same. If the parties fail to timely comply with this order, the matter may be continued on the Court's own motion without further notice. (Deutsch, S) Modified on 6/10/2020 (Deutsch, S). (Entered: 06/09/2020)	June 9, 2020	June 9, 2020 PACER
32	MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the July 9, 2020 hearing on the Motion to Intervene 18 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 06/09/2020)	June 9, 2020	June 9, 2020 PACER
33	PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Abha Khanna added for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.) (Entered: 06/10/2020)	June 10, 2020	June 10, 2020 PACER
34	PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Marc E. Elias added for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.) (Entered: 06/10/2020)	June 10, 2020	June 10, 2020 PACER
35	PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Henry James Brewster added for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.) (Entered: 06/10/2020)	June 10, 2020	June 10, 2020 PACER
36	PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Courtney A. Elgart added for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.) (Entered: 06/10/2020)	June 10, 2020	June 10, 2020 PACER
37	STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING that time for Defendants to answer or otherwise respond to the complaint is EXTENDED until two weeks after the Court's decision on Plaintiffs' motion for preliminary injunction. (Zignago, K.) (Entered: 06/10/2020)	June 10, 2020	June 10, 2020 RECAP
38	MEMORANDUM and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 GRANTING 18 Motion to Intervene. The deadline for the Proposed Intervenors to answer or otherwise respond to the Complaints shall be the same as the deadline, or any continued deadline, set for Defendants to answer or otherwise respond. (Zignago, K.) (Entered: 06/10/2020)	June 10, 2020	June 10, 2020 RECAP
39	CLERK'S NOTICE of DOCKET CORRECTION as to ECF No. 31. AMENDED MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The following Amended Minute Order amends and supersedes the Minute Order issued at ECF No. 31. On the Court's own motion, the July 16, 2020 joint hearing on Plaintiffs' Motions for Preliminary Injunction in the matters of Issa et al. v. Newsom et al., 2:20-cv-01044-MCE-CKD, and Republican National Committee et al. v. Newsom et al., 2:20-cv-01055-MCE-CKD, is ADVANCED to 10:00 am and will be conducted via videoconference. The Courtroom Deputy will email counsel with specific instructions. The previously imposed briefing schedule set forth in the Court's June 2, 2020 Minute Order is CONFIRMED. Given that the hearing will be conducted by videoconference, not later than seven (7) days prior to the hearing (or any continued hearing date where remote appearances will be necessary) counsel shall file a notice confirming receipt of the Court's instructions and consenting to appear based on the directives therein. Failure to timely comply with this directive may result in the continuance of this hearing on the Court's own motion and upon no further notice to the parties. (Deutsch, S) (Entered: 06/10/2020)	June 10, 2020	June 10, 2020 PACER
40	MOTION to INTERVENE as Defendents by California Common Cause, League of Women Voters of California, Community Coalition. Attorney Libby, John F. added. Motion Hearing set for 7/9/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr.. (Attachments: # 1 Proposed Answer, # 2 Declaration of California Common Cause, # 3 Declaration of League of Women Voters of California, # 4 Declaration of Community Coalition, # 5 Declaration of Ranit Mishor, # 6 Proposed Order)(Libby, John) (Entered: 06/10/2020) 1 Proposed Answer View on PACER 2 Declaration of California Common Cause View on PACER 3 Declaration of League of Women Voters of California View on PACER 4 Declaration of Community Coalition View on PACER 5 Declaration of Ranit Mishor View on PACER 6 Proposed Order View on PACER	June 10, 2020	June 10, 2020 RECAP

Case: Republican National Committee v. Newsom

2:20-cv-01055 | U.S. District Court for the Eastern District of California

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