Case: Issa v. Newsom

2:20-cv-01044 | U.S. District Court for the Eastern District of California

Filed Date: May 21, 2020

Closed Date: July 9, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is an action seeking to enjoin California from enforcing EO N-64-20, which allowed Californians to vote by mail in light of the COVID-19 pandemic. On July 18, 2020, the California state legislature enacted AB 860, which superseded the disputed executive order. The plaintiffs later voluntarily dismissed the case. On May 21, 2020, five registered California voters filed this action in the U.S. District Court for the Eastern District of California. Represented by attorneys f…

COVID-19 Summary: This is an action seeking to enjoin California from enforcing EO N-64-20, which allowed Californians to vote by mail in light of the COVID-19 pandemic. On July 18, 2020, the California state legislature enacted AB 860, which superseded the disputed executive order. The plaintiffs later voluntarily dismissed the case.


On May 21, 2020, five registered California voters filed this action in the U.S. District Court for the Eastern District of California. Represented by attorneys from Judicial Watch, the plaintiffs sued the governor and secretary of state of California under 42 U.S.C. § 1983, alleging violations of their First and Fourteenth Amendment rights, the Elections and Electors Clauses, and state law. 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 the changing the "time, place, and manner in which Californians" vote was unconstitutional. The plaintiffs sought declaratory relief that the Executive Order was unconstitutional and injunctive relief prohibiting the governor and secretary of state from implementing and enforcing the order. The case was assigned to Judge Morrison C. England, Jr.

On June 11, the plaintiffs moved for a preliminary injunction. They argued that the governor had no power to sign an executive order regulating federal elections because the Constitution specifically confers this power on state legislatures and, ultimately, on the U.S. Congress. The plaintiffs further argued that no state law gave the governor the authority to regulate federal elections. The plaintiffs asserted that these two arguments made them likely to succeed on the merits of their case. In addition, the plaintiffs alleged that the Executive Order would cause irreparable harm by violating the U.S. Constitution and confusing voters. They also concluded that it is always in the public interest for a court to grant preliminary relief that prevents the violation of constitutional rights. Without preliminary relief, the plaintiffs argued, the case would likely be resolved after the November 2020 election, at which time no adequate remedy may be available.

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

The case is now closed.

Summary Authors

Caitlin Kierum (6/3/2020)

Nicholas Gillan (10/17/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17191645/parties/issa-v-newsom/


Judge(s)

England, Morrison C. Jr. (California)

Attorneys(s) for Plaintiff

Delaney, Carolyn K. (California)

Lee, Eric W. (District of Columbia)

Popper, Robert D. (District of Columbia)

Sticht, Robert Patrick (District of Columbia)

Expert/Monitor/Master

Nobile, T. Russell (Mississippi)

Judge(s)

England, Morrison C. Jr. (California)

Attorneys(s) for Plaintiff

Delaney, Carolyn K. (California)

Lee, Eric W. (District of Columbia)

Popper, Robert D. (District of Columbia)

Sticht, Robert Patrick (District of Columbia)

Expert/Monitor/Master

Nobile, T. Russell (Mississippi)

Documents in the Clearinghouse

Document

2:20-cv-01044

Docket [PACER]

Oct. 5, 2021

Oct. 5, 2021

Docket
1

2:20-cv-01044

Complaint for Declaratory and Injunctive Relief

May 21, 2020

May 21, 2020

Complaint
38-1

2:20-cv-01044

Memorandum of Law in Support of Motion for Preliminary Injunction

June 11, 2020

June 11, 2020

Pleading / Motion / Brief
64

2:20-cv-01044

Notice of Voluntary Dismissal and Proposed Order

July 9, 2020

July 9, 2020

Pleading / Motion / Brief
65

2:20-cv-01044

Notice of Voluntary Dismissal and Order

July 9, 2020

July 9, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17191645/issa-v-newsom/

Last updated Aug. 7, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by all plaintiffs against all defendants. Attorney Sticht, Robert Patrick added. (Filing fee $ 400, receipt number 0972-8902326) (Attachments: # 1 Exhibit Proclamation of State of Emergency, # 2 Exhibit Executive Order N-64-20, # 3 Civil Cover Sheet)(Sticht, Robert) (Entered: 05/21/2020)

1 Exhibit Proclamation of State of Emergency

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2 Exhibit Executive Order N-64-20

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3 Civil Cover Sheet

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May 21, 2020

May 21, 2020

Clearinghouse
2

SUMMONS ISSUED as to *Gavin Newsom, Alex Padilla* with answer to complaint due within *21* days. Attorney *Robert Patrick Sticht* *Judicial Watch, Inc.* *425 Third Street SW, Suite* *Washington, DC 20024*. (Benson, A.) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
3

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Benson, A.) (Entered: 05/21/2020)

1 Consent Form

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2 VDRP

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May 21, 2020

May 21, 2020

PACER
4

NOTICE of RELATED CASE(S) 2:20-at-00509 by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz. (Sticht, Robert) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

RECAP
5

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. New Case Number: 2:20-cv-1055-MCE-CKD. (Coll, A) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

RECAP
6

NOTICE of APPEARANCE by Eric W. Lee on behalf of All Plaintiffs. Attorney Lee, Eric W. added. (Lee, Eric) Modified on 5/28/2020 (Huang, H). (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
7

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by All Plaintiffs for attorney Robert D. Popper to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8909283) (Attachments: # 1 Certificate of Good Standing)(Lee, Eric) Modified on 5/28/2020 (Huang, H). (Entered: 05/27/2020)

1 Certificate of Good Standing

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May 27, 2020

May 27, 2020

PACER
8

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by All Plaintiffs for attorney T. Russell Nobile to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8909331) (Attachments: # 1 Certificate of Good Standing)(Lee, Eric) Modified on 5/28/2020 (Huang, H). (Entered: 05/27/2020)

1 Certificate of Good Standing

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May 27, 2020

May 27, 2020

PACER
9

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr., on 5/29/2020 ADDING Attorney Robert D. Popper, PHV for Plaintiffs. (Kastilahn, A) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
10

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr., on 5/29/2020 ADDING Attorney T. Russell Nobile, PHV for Plaintiffs. (Kastilahn, A) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
11

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
12

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

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2 Exhibit

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June 3, 2020

June 3, 2020

PACER
13

REQUEST for Expedited Briefing Schedule by Democratic Congressional Campaign Committee, Democratic Party of California re 12 MOTION to INTERVENE. (Hawley, Jonathan) Modified on 6/4/2020 (Kastilahn, A). (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
14

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
15

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
16

STIPULATION and PROPOSED ORDER for an extension of time for Defendants' Response 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

PACER
17

OPPOSITION by Plaintiffs to 12 Motion to Intervene. (Nobile, T.) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
18

SUMMONS RETURNED EXECUTED: Gavin Newsom served on 5/26/2020, answer due 6/16/2020; Alex Padilla served on 5/26/2020, answer due 6/16/2020. (Attachments: # 1 Exhibit Gavin Newsom, # 2 Exhibit Alex Padilla, # 3 Exhibit Attorney General)(Sticht, Robert) (Entered: 06/05/2020)

1 Exhibit Gavin Newsom

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2 Exhibit Alex Padilla

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3 Exhibit Attorney General

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June 5, 2020

June 5, 2020

PACER
19

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 0972-8928354) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020)

1 Certificate of Good Standing

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June 8, 2020

June 8, 2020

PACER
20

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 0972-8928390) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020)

1 Certificate of Good Standing

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June 8, 2020

June 8, 2020

PACER
21

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 0972-8928408) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020)

1 Certificate of Good Standing

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June 8, 2020

June 8, 2020

PACER
22

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 0972-8928424) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020)

1 Certificate of Good Standing

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June 8, 2020

June 8, 2020

PACER
23

REPLY by Democratic Congressional Campaign Committee, Democratic Party of California re 12 Motion to Intervene,. (Hawley, Jonathan) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
24

[DISREGARD - DOCKETED IN ERROR. SEE ECF NO. 32] 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
25

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 12 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
26

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Abha Khanna for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
27

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
28

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
29

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
30

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
31

MEMORANDUM and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 GRANTING 12 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
32

CLERK'S NOTICE of DOCKET CORRECTION as to ECF No. 24. 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. 24. 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) Modified on 6/10/2020 (Deutsch, S). (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
33

MOTION to INTERVENE as Defendants 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

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2 Declaration

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3 Declaration of League of Women Voters of California

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4 Declaration of Community Coalition

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5 Declaration of Ranit Mishor

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6 Proposed Order

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June 10, 2020

June 10, 2020

PACER
34

MOTION to SHORTEN TIME for Briefing Schedule by California Common Cause, Community Coalition, League of Women Voters of California. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 06/10/2020)

1 Proposed Order

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June 10, 2020

June 10, 2020

PACER
35

NOTICE of APPEARANCE by Jon M. Greenbaum on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Greenbaum, Jon M. added. (Greenbaum, Jon) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
36

OPPOSITION by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz to 34 Motion to Shorten Time. (Nobile, T.) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
37

MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Proposed Intervenor-Defendants' Motion to Shorten Time for Briefing Schedule and the Issa Plaintiffs' Opposition. Accordingly, any responses to the Motion to Intervene as Defendants shall be filed no later than Monday, June 15, 2020, and the Proposed Intervenor-Defendants replies shall be filed no later than Wednesday, June 17, 2020. The July 9, 2020 hearing on the Motion to Intervene as Defendants is vacated and submitted without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
38

MOTION for PRELIMINARY INJUNCTION by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz. Motion Hearing set for 7/16/2020 at 10:00 AM in Chambers before Senior Judge Morrison C. England Jr.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 Declaration by Robert D. Popper, # 3 Exhibit 2 Executive Order N-64-20, # 4 Exhibit 3 California Officials Demand Changes to L.A. Voting After Election Day Chaos, L.A. Times, 3/5/20, # 5 Exhibit 4 California Steals Its Own Elections The Wall Street Journal, 3/6/20, # 6 Exhibit 5 Governor Newsoms Emergency Proclamation, # 7 Exhibit 6 Executive Order N-67-20, # 8 Exhibit 7 California Lawmaker Scrambles to Fix Bill to Make it Clear Ballots Wont Go to Phantom Voters, S.F. Chronicle, 6/4/20, # 9 Exhibit 8 Logan Settlement Agreement, Judicial Watch, Inc., et al., v. Logan, et al., Case No. 2:17-cv-8948 (C.D. Cal. 2017), # 10 Exhibit 9 1998 Stipulated Order, Wilson v. U.S. et al., Nos. C-95-20042-JW and C-94-20860-JW (N.D. Cal. Feb. 2, 1998), # 11 Exhibit 10 Signature Verification and Mail Ballots: Guaranteeing Access While Preserving Integrity, Stanford Law School and Policy Lab, May 15, 2020.)(Nobile, T.) (Entered: 06/11/2020)

1 Memorandum in Support

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2 Exhibit 1 Declaration by Robert D. Popper

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3 Exhibit 2 Executive Order N-64-20

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4 Exhibit 3 California Officials Demand Changes to L.A. Voting After Election Day

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5 Exhibit 4 California Steals Its Own Elections The Wall Street Journal, March 6,

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6 Exhibit 5 Governor Newsoms Emergency Proclamation

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7 Exhibit 6 Executive Order N-67-20

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8 Exhibit 7 California Lawmaker Scrambles to Fix Bill to Make it Clear Ballots Won

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9 Exhibit 8 Logan Settlement Agreement, Judicial Watch, Inc., et al., v. Logan, e

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10 Exhibit 9 1998 Stipulated Order, Wilson v. U.S. et al., Nos. C-95-20042-JW and C

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11 Exhibit 10 Signature Verification and Mail Ballots: Guaranteeing Access While P

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June 11, 2020

June 11, 2020

RECAP
39

MOTION for LEAVE to FILE AMICUS BRIEF by Public Interest Legal Foundation. Attorney Eastman, John C added. Motion Hearing set for 6/19/2020 at 09:00 AM before Senior Judge Morrison C. England Jr. (Attachments: # 1 Proposed Amicus Brief, # 2 Exhibit A)(Eastman, John) (Entered: 06/12/2020)

1 Proposed Amicus Brief

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2 Exhibit A

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June 12, 2020

June 12, 2020

PACER
40

MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Public Interest Legal Foundation's Motion for Leave to File Amicus Curiae Brief. Accordingly, any responses to this motion shall be filed no later than Tuesday, June 16, 2020. The June 19, 2020 hearing on this Motion is vacated and submitted without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
41

MOTION to INTERVENE as DEFENDANTS by LULAC, California LULAC. 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) (Diaz, Sonja) Modified on 6/15/2020 (York, M). (Entered: 06/12/2020)

1 Proposed Order

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June 12, 2020

June 12, 2020

PACER
42

MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Motion to Intervene as Defendants by LULAC 41 . Accordingly, any responses to this Motion shall be filed no later than Wednesday, June 17, and LULAC's reply shall be filed no later than Friday, June 19, 2020. The July 9, 2020 hearing on the Motion is vacated and submitted without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
43

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California LULAC, LULAC for attorney Chad Wilson Dunn to appear Pro Hac Vice. (Filing fee $225, receipt number 0972-8940327) (Attachments: # 1 Certificate of Good Standing)(Diaz, Sonja) (Entered: 06/15/2020)

1 Certificate of Good Standing

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June 15, 2020

June 15, 2020

PACER
44

OPPOSITION by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz to 33 Motion to Intervene. (Nobile, T.) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

RECAP
45

OPPOSITION by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz to 41 Motion to Intervene. (Nobile, T.) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
46

REPLY in SUPPORT of 33 Motion to Intervene by California Common Cause, Community Coalition, League of Women Voters of California. (Attachments: # 1 Exhibit A-Corrected Answer)(Libby, John) Modified on 6/18/2020 (York, M). (Entered: 06/17/2020)

1 Exhibit A-Corrected Answer

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June 17, 2020

June 17, 2020

PACER
47

NOTICE of APPEARANCE by Jay Craig Russell on behalf of Gavin Newsom, Alex Padilla. Attorney Russell, Jay Craig added. (Russell, Jay) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
48

NOTICE of APPEARANCE by Jesselyn Kate Friley on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Friley, Jesselyn Kate added. (Friley, Jesselyn) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
49

NOTICE of APPEARANCE by Kathryn Ann Eidmann on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Eidmann, Kathryn Ann added. (Eidmann, Kathryn) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
50

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/18/2020 ADDING attorney Chad Wilson Dunn, PHV for California LULAC, LULAC. (Huang, H) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
51

NOTICE of APPEARANCE by Mark D. Rosenbaum on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Rosenbaum, Mark D. added. (Rosenbaum, Mark) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
52

NOTICE of APPEARANCE by Pooja Chaudhuri on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Chaudhuri, Pooja added. (Chaudhuri, Pooja) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
53

REPLY by California LULAC, LULAC to RESPONSE to 41 Motion to Intervene,. (Dunn, PHV, Chad) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
54

NOTICE OF NEW AUTHORITY by Gavin Newsom, Alex Padilla. (Killeen, John) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
55

ORDER signed by Senior Judge Morrison C. England, Jr on 6/19/2020 GRANTING 39 Motion for Leave to File Amicus Curiae Briefs. PILF's Proposed Amicus Brief is to be filed within 2 days of the date of this order with the parties' Response due within 14 days of this order. (Coll, A) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

RECAP
56

ORDER signed by Senior Judge Morrison C. England, Jr. on 6/22/2020 DENYING 33 and 41 Motions to Intervene. Common Cause and LULAC may, but are not required to, file amicus briefs within 14 days following the date this Order is electronically filed. The parties' responses, if any, to the amicus briefs shall be filed not later than 7 days after the amicus briefs are filed. No reply will be permitted. (Huang, H) Modified on 6/23/2020 (Huang, H). (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

RECAP
57

AMICUS CURIAE BRIEF filed by Public Interest Legal Foundation. (Attachments: # 1 Exhibit A)(Eastman, John) Modified on 6/24/2020 (Zignago, K.). (Entered: 06/23/2020)

1 Exhibit A

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June 23, 2020

June 23, 2020

PACER
58

OPPOSITION by Democratic Congressional Campaign Committee, Democratic Party of California to 38 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Hawley, Jonathan) Modified on 6/26/2020 (Zignago, K.). (Entered: 06/25/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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June 25, 2020

June 25, 2020

PACER
59

OPPOSITION by Gavin Newsom, Alex Padilla to 38 Motion for Preliminary Injunction. (Attachments: # 1 Declaration of John Killeen, # 2 Declaration of Jana Lean, # 3 Declaration of Dr. James Watt, # 4 Request for Judicial Notice)(Killeen, John) (Entered: 06/25/2020)

1 Declaration of John Killeen

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2 Declaration of Jana Lean

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3 Declaration of Dr. James Watt

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4 Statement Request for Judicial Notice

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June 25, 2020

June 25, 2020

PACER
60

DECLARATION of Jonathan P. Hawley re 58 Opposition to Motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Hawley, Jonathan) Modified on 6/26/2020 (Zignago, K.). (Entered: 06/25/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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June 25, 2020

June 25, 2020

PACER
61

MOTION to FILE AMICUS CURIAE BRIEF by American Civil Liberties Union of Northern California, et al., Attorney Cooper, Monte M.F. added. (Attachments: # 1 Proposed Order)(Cooper, Monte) (Entered: 07/02/2020)

1 Proposed Order

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July 2, 2020

July 2, 2020

PACER
62

AMICUS BRIEF in Support of 38 Motion for Preliminary Injunction filed by California Common Cause, Community Coalition, League of Women Voters of California. (Libby, John) Modified on 7/8/2020 (Mena-Sanchez, L). (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
63

ORDER signed by Senior Judge Morrison C. England, Jr. on 7/7/2020 GRANTING 61 Motion for Leave to File Amicus Curiae Briefs. ACLU-CA shall file their amicus briefs no later than Thursday, 7/23/2020, and the briefs shall not exceed ten (10) pages. The parties' responses, if any, to the amicus briefs shall be filed not later than seven (7) days after the amicus briefs are filed and shall not exceed ten (10) pages. No reply will be permitted. (Zignago, K.) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

RECAP
64

NOTICE of VOLUNTARY DISMISSAL by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz. (Nobile, T.) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

RECAP
65

ORDER OF DISMISSAL signed by Senior Judge Morrison C. England, Jr on 7/9/2020. In consideration of Plaintiffs' Notice of Voluntary Dismissal, Plaintiffs Darrell Issa, Jerry Griffin, Michelle Bolotin, Michael Sienkiewicz, and James B. Oerding's complaint is hereby DISMISSED in its entirety under Federal Rule of Civil Procedure 41(a)(1)(A). The parties shall bear their own attorneys' fees, expenses, and costs, and the Clerk of the Court is directed to close the case. CASE CLOSED(Becknal, R) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

RECAP

Case Details

State / Territory: California

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 21, 2020

Closing Date: July 9, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five registered California voters

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of California, State

Secretary of State of California, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Voting access

Voting:

Election administration